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poland autorised representative

Authorized representative in Poland

Every entrepreneur who places electrical and electronic equipment on the market must perform a number of obligations provided for in the WEEE Act. Polish companies can do it on their own or through a recovery organization. Foreign companies may be required to appoint an authorized representative in Poland to perform the duties of an introducer on their behalf.

Are you obliged to appoint an authorized representative in Poland?

If your business meets the following conditions:

  • is a manufacturer of electrical and electronic equipment, imports or makes intra-Community acquisition of equipment, orders equipment under its own brand,
  • has its registered office outside Poland,
  • sells electrical and electronic equipment to customers in Poland remotely (online store, sales platforms, telesales)…

… then you are obliged to appoint an authorized representative in Poland.

Companies that fail to comply with this obligation may be fined from PLN 10,000 to PLN 100,000.

Who can be an authorized representative of your company?

The role of an authorized representative in Poland can be performed by natural persons, legal persons and organizational units without legal personality. The only statutory condition is the need to have a registered office in Polish.

To establish an authorized representative of your company in Poland, it is necessary to conclude a written agreement with the selected entity. Once the contract is signed, the representative you have chosen will carry out your company’s duties through a recovery organization.

An authorized representative of the company in Poland can also be an organization for the recovery of electrical and electronic equipment, such as Interzero.

Interzero – an authorized representative of your company in Poland

We offer the service of an authorized representative in Poland to all entrepreneurs introducing equipment to the Polish market. As an organization for the recovery of electrical and electronic equipment, we will perform all the obligations of your company without any intermediaries. Our experts will get acquainted with the specifics of your business and determine the type and status of the introducer’s duties, and then offer you the best offer.

By concluding a contract directly with Interzero, you can be sure that your company’s statutory obligations will be fulfilled reliably, on time and comprehensively.

If you are an intra-community supplier of equipment or sell it directly to customers outside of Poland by means of distance communication, you can use our assistance in establishing an authorized representative (sometimes called an authorized representative) in other EU countries where the Interzero Group operates: Austria, Germany, Italy, Slovenia and Croatia.

Why is it worth appointing an authorized representative in Poland?

Establishing an authorized representative in Poland is not only an obligation, but also a number of benefits for your company. What? Check!

Thanks to the cooperation with Interzero:

  • you will meet your company’s statutory obligation to appoint an authorized representative in Poland,
  • you will be sure that all activities performed on behalf of your company are in accordance with the currently applicable regulations,
  • you will avoid severe consequences resulting from improper performance or failure to comply with your company’s statutory obligations (e.g. in the form of financial penalties),
  • you will provide foreign distributors of your equipment with an additional benefit in the form of exempting them from the performance of the obligations of the equipment importer.

What responsibilities do we take over as an authorized representative of your company?

As an authorized representative of your company in Poland, Interzero will take over all obligations under the Act on Waste Electrical and Electronic Equipment. These include the following duties:

  • organization and financing of WEEE collection and processing,
  • achieve minimum annual WEEE collection rates (from 2021 amounting to 65% of the average annual weight of equipment placed),
  • achieving minimum recovery rates and preparing WEEE for reuse and recycling,
  • concluding an agreement with a recycler on the terms and conditions specified in the Act,
  • conducting public educational campaigns,
  • annual settlement of the obligation to conduct public educational campaigns.

Remember that  the obligations of the introducer rest on all entities selling electrical and electronic equipment by means of distance communication directly to users in Poland,  regardless of the type and quantity of equipment introduced to the Polish market! Sign a contract with Interzero today – thanks to us you will free yourself from burdensome duties and gain time for what is most important for the development of your business.

Why should you choose Interzero as your company’s authorized representative in Poland?

  • We are an Electrical and Electronic Equipment Recovery Organization and for many years we have been fulfilling the statutory obligations of the introducer for our customers.
  • We offer competitive prices and the opportunity to take advantage of a wide range of our other environmental services in one place.
  • Our experts have extensive knowledge and many years of experience, which guarantees the smooth and trouble-free fulfillment of your company’s obligations.
  • We operate in many EU countries, so we can act as an intermediary in the establishment of an authorised representative in other Member States as well.

Not sure if your company should establish an authorized representative in Poland? Do you have questions about the Authorized Representative service? Or do you want to establish an authorised representative in other EU countries? Write to us! Our experts will be happy to help you and dispel all your doubts.

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Authorized Representative in Poland – Frequently Asked Questions (FAQ)

Although the obligation to appoint an authorized representative in Poland has existed for a long time, many entrepreneurs still do not know about its existence. Find out the answers to the most common questions of entrepreneurs and check if this obligation also applies to your company!

What is an authorized representative?

An authorised representative is an entity with its registered office or place of residence in Polish, which is responsible for the performance of statutory obligations of manufacturers placing electrical and electronic equipment on the market in Poland. It can be a natural person, an organizational unit without legal personality or a legal person, including an organization for the recovery of electrical and electronic equipment. All statutory duties are performed by the authorised representative through the Electrical and Electronic Equipment Recovery Organisation.

The authorized representative assumes responsibilities only with respect to equipment from the manufacturer with which he has concluded a written agreement. Upon signing the contract, the authorized representative assumes responsibility for the performance of statutory duties, from which even cooperation with the recovery organization does not release him.

Who is obliged to appoint an authorized representative in Poland?

The obligation to appoint an authorized representative in Poland applies to companies that do not have their registered office in the country, but sell electrical and electronic equipment directly to Polish customers using means of distance communication (e.g. via sales platforms, their own online store, telesales). Companies that sell electrical and electronic equipment in a traditional way (brick-and-mortar stores, showrooms) may or may not establish a representative in Poland.

Since when is it mandatory to appoint an authorized representative in Poland?

The obligation to appoint an authorised representative in Poland was introduced by the Act of 11 September 2015 on waste electrical and electronic equipment, which came into force on 1 January 2016. From now on , each of the companies that has its registered office in the territory of a Member State other than the Republic of Poland and sells equipment to Polish customers by means of distance communication is obliged to appoint an authorized representative in Poland.

Who can act as an authorized representative of my company in Poland?

In accordance with the provisions of the WEEE Act, an authorized representative of a manufacturer in Poland may be a natural person, an organizational unit without legal personality or a legal person with its registered office in Polish, including an organization for the recovery of electrical and electronic equipment. It is worth remembering that each manufacturer can choose any entity that meets the above criteria as its representative, guided by, for example, the most favorable price, the scope of additional services or the fact of previous fruitful cooperation with a given company in other areas.

Who is a manufacturer within the meaning of the Act introducing the obligation to appoint an authorized representative in Poland?

According to the provisions of the Act of 11 September 2015 on waste electrical and electronic equipment, the manufacturer is not only the actual manufacturer of the equipment, but also companies that import, make intra-Community acquisitions of equipment or order equipment under their own brand.

It follows from Article 4(11) of the Act that a producer is a natural person, an organizational unit without legal personality or a legal person that has its registered office in an EU country other than Poland and:

  • manufactures equipment under its own name or trade mark or places on the market under its own name or trade mark in the territory of that Member State equipment designed or manufactured for it,
  • resells equipment manufactured by other entities under its own name or trademark in the territory of that Member State (except where the name or trademark of another manufacturer or marketer appears on the equipment),
  • as part of its commercial activity, for a fee or free of charge, supplies equipment from another country 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 within the territory of the country by means of distance communication directly to households or users other than households.

Within the meaning of Article 4(11)(d) of the Act, a manufacturer is also a natural person, an organizational unit without legal personality or a legal person who has its registered office in a country that is not a member of the EU and sells equipment in the territory of the country by means of distance communication directly to households or users other than households.

I sell equipment to Polish via an online platform. Am I obliged to appoint an authorized representative in Poland?

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 authorized representative in Poland.

I am not obliged to appoint an authorized representative in Poland. Can I still conclude an agreement with an entity that will take over my duties?

Some foreign entities are entitled to establish an authorized representative in Poland.

If your company is based outside of 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 an intra-Community acquisition of equipment in the territory of an EU country other than Poland…

… and this equipment goes to Polish, you have the right to appoint your authorized representative in Poland.

Such action can bring many benefits to the entrepreneur. First of all, it will make it easier for its business partners to meet the introductory obligations provided for in the Polish law. Distributors, importers and other sellers of equipment from this manufacturer will be able to avoid the need to perform numerous statutory obligations on their own – it is enough to report the quantities of equipment introduced to an authorized representative so that he or she can report, settle and ensure the 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 appointment of an authorised representative in Poland can be seen as an action to increase the transparency of the manufacturer and to reduce the negative impact of its operations on the environment.