Authorised representative in Poland
Every entrepreneur who places electrical and electronic equipment on the market must fulfil a number of obligations stipulated by the WEEE Act. Polish companies may do it independently or through a recovery organisation. Foreign companies, on the other hand, may be obliged to appoint an authorised representative in Poland to perform introducer's duties on their behalf.
Are you required to appoint an authorised representative in Poland?
If your company meets the following conditions:
- is a producer of electrical and electronic equipment, imports or makes intra-Community acquisitions of equipment, orders equipment under own brand,
- is based outside Poland,
- sells electrical and electronic equipment to customers in Poland at a distance (online shop, sales platforms,...)
...then you are obliged to establish an authorised representative in Poland.
Companies that fail to comply with this obligation can be fined between £15,000 and £500,000.
Example:
I am a manufacturer of electrical and electronic equipment in the Czech Republic. I decide to sell my products online to customers in Poland using platforms such as Allegro, Arena, Ceneo, eBay, Erli or Amazon. Do I need to have an authorised representative in Poland?
Answer:
Yes, under Polish law you are obliged to appoint an authorised representative in Poland to perform the duties of an introducer on your behalf.
Who can be an authorised representative of your company?
The role of authorised representative in Poland may be fulfilled by natural persons, legal persons and organisational entities without legal personality. The only statutory condition is the need to have a registered office on Polish territory.
In order to establish your company's authorised representative in Poland, it is necessary to conclude a written contract with the selected entity. Once the contract is signed, your chosen representative will carry out your company's obligations through the recovery organisation.
The company's authorised representative in Poland can also be an electrical and electronic equipment recovery organisation, such as Interzero.
Interzero - Your authorised representative in Poland
We offer the service of an authorised representative in Poland to all businesses placing equipment on the Polish market. As an electrical and electronic equipment recovery organisation, we will perform all the duties of your company without any intermediaries. Our experts will get to know the specifics of your business and determine the type and status of your introductory duties, and then offer you the most advantageous deal.
By contracting directly with Interzero, you can be sure that your company's statutory obligations will be fulfilled reliable, timely and comprehensive.
If you are an intra-Community supplier of equipment or sell directly to customers outside of Poland by means of distance communication, you can use our assistance in establishing an authorised representative (sometimes referred to as an authorised representative) in the other EU countries in which the Interzero Group operates: Austria, Germany, Italy, Slovenia and Croatia.
Why appoint an authorised representative in Poland?
Establishing an authorised representative in Poland is not only an obligation, but also a number of benefits for your company. Which ones? Check!
Thanks to the establishment of a partnership with Interzero:
- you are fulfilling a statutory obligation on your part establishment of an authorised representative in Poland,
- you will be assured that any activities carried out on behalf of your company comply with current legislation,
- you will avoid severe consequences resulting from the incorrect implementation or non-implementation of your company's statutory obligations (e.g. in the form of financial penalties),
- you will provide foreign distributors of your equipment with the additional benefit of being exempted from the obligations of an equipment introducer
What responsibilities do we assume as an authorised representative of your company?
As an authorised representative of your company in Poland, Interzero will take over all obligations under the Waste Electrical and Electronic Equipment Act. These include responsibilities:
- the organisation and financing of WEEE collection and treatment,
- achieve minimum annual WEEE collection rates (from 2021 onwards of 65% average annual weight of equipment introduced),
- achieve minimum levels of recovery and preparation for re-use and recycling of WEEE,
- to conclude a contract with the recycler under the terms of the Act,
- conducting public education campaigns,
- annual accounting for the obligation to conduct public education campaigns.
Remember that obligations of the producer are incumbent on all entities selling electrical and electronic equipment by means of distance communication directly to users in Poland, regardless of the type and volume of equipment placed on the Polish market! Sign a contract with Interzero today - with us, you will be freed from burdensome responsibilities and gain time for what is most important for the development of your business.
Why Interzero?
The Interzero Group has been providing integrated environmental services to customers in Poland, Europe and around the world for more than 30 years. We have extensive experience, wide-ranging competences and a qualified team of specialists who support entrepreneurs in almost all areas related to environmental protection every day.
Why should you choose Interzero as your company's authorised representative in Poland?
- We are an Electrical and Electronic Equipment Recovery Organization and for many years we have been fulfilling the statutory duties of an introducer for our customers.
- We offer competitive prices and the opportunity to take advantage of our wide range of other environmental services in one place.
- Our experts have extensive knowledge and many years of experience to ensure that your company's duties run smoothly and without problems.
- We are active in a number of EU countries and can therefore act as an authorised representative in other member states as well.
Not sure if your company should appoint an authorised representative in Poland? Do you have questions about the authorised representative service? Or maybe you want to set up an authorised representative in other EU countries? Write to us! Our experts will be happy to help you and dispel all your doubts.
Authorised representative in Poland - Frequently Asked Questions (FAQ)
Although the obligation to appoint an authorised representative in Poland has existed for a long time, many entrepreneurs are still unaware of its existence. Find out the answers to the most common questions of entrepreneurs and check whether this obligation also applies to your company!
An authorised representative is an entity having its registered office or place of residence in Poland, which is responsible for fulfilling the statutory obligations of producers placing electrical and electronic equipment on the market in Poland. It can be a natural person, an organisational unit without legal personality or a legal person, including an electrical and electronic equipment recovery organisation. All statutory duties of an authorised representative are performed through an electrical and electronic equipment recovery organisation.
Authorised representative assumes obligations only in respect of equipment from that manufacturer with which it has concluded a written agreement. Once the contract is signed, the authorised representative assumes responsibility for the performance of statutory duties, from which he or she is not relieved even by cooperation with a recovery organisation.
Obligation to appoint an authorised representative in Poland applies to companies that do not have a registered office in the country but sell electrical and electronic equipment directly to Polish consumers by means of distance communication (e.g. via sales platforms, own online shop, telesales). Companies that sell electrical and electronic equipment in a traditional manner (stationary shops, showrooms) may or may not establish a representative in Poland.
The obligation to establish an authorised representative in Poland was introduced by the Act of 11 September 2015 on waste electrical and electronic equipment, which came into force 1 January 2016. From now on, any company that is based in a Member State other than the Republic of Poland and sells equipment to Polish customers by means of distance communication is required to appoint an authorised representative in Poland.
According to the provisions of the WEEE Act, an authorised representative of a manufacturer in Poland may be a natural person, an organisational unit without legal personality or a legal person with its seat on the territory of Polandincluding an electrical and electronic equipment recovery organisation. It is worth remembering that each manufacturer may choose as its representative any entity which meets the aforementioned criteria, guided, for example, by the most favourable price, scope of additional services or the fact of previous fruitful cooperation with a given company in other areas.
According to the provisions of the Act of 11 September 2015 on waste electrical and electronic equipment, a manufacturer is not only the actual producer of the equipment, but also companies that import, make intra-Community acquisitions of equipment or order equipment under their own brand name.
It follows from Article 4(11) of the Act that a producer is defined as a natural person, an organisational unit without legal personality or a legal person who has its registered office in an EU country other than Poland and:
- manufactures equipment under his own name or trademark or markets equipment designed or manufactured for him in the territory of that Member State under his own name or trademark,
- resells in the territory of that Member State, under his own name or trademark, equipment manufactured by others (except where the equipment bears the name or trademark of another manufacturer or of the person introducing the equipment),
- in the course of a commercial activity, whether in return for payment or free of charge, from another country supplies equipment for distribution, consumption or use for the first time on the market of the EU country in which it is established (other than Poland),
- sells equipment on the national territory by means of distance communication directly to households or to users other than households.
Within the meaning of Article 4(11)(d) of the Act, a manufacturer is also a natural person, an unincorporated organisational unit or a legal person who is established in a non-EU member state and sells equipment in the national territory by means of distance communication directly to households or users other than households.
If your company:
- is a foreign entity,
- sells equipment directly to users by means of distance communication (including online platforms Ebay, Aliexpress, Amazon, Temu, etc.),
then you are obliged to appoint an authorised representative in Poland.
Some foreign entities are entitled to appoint an authorised representative in Poland.
If your company is based outside Poland and:
- manufactures equipment in EU countries under its own brand,
- introduces equipment manufactured on its behalf under its own brand,
- resells equipment under its own brand,
- imports or makes intra-Community acquisitions of equipment in the territory of an EU country other than Poland....
... and this equipment comes to Poland then you have the right to establish your authorised representative in Poland.
Such action can bring many benefits to the entrepreneur. First and foremost, it will make it easier for its business partners to comply with the introducer obligations under the Polish Act. Distributors, importers and other sellers of equipment of that manufacturer will be able to avoid the necessity of fulfilling numerous statutory obligations on their own - it will be sufficient for them to report the quantities of introduced equipment to an authorised representative, so that the latter will take care of reporting, settlement and ensuring collection, recovery and recycling of WEEE.
Another benefit is the improvement of the manufacturer's image in the eyes of consumers and potential business partners. The establishment of an authorised representative in Poland can be seen as an effort to increase the transparency of the manufacturer and to reduce the negative impact of its activities on the environment.
