The producer/initial distributor must apply to register personally. The information and declarations this requires may not be provided by third parties. Granting power of attorney (or similar authority) to a third party for this purpose is prohibited pursuant to section 35 (1) VerpackG (Packaging Act). Third parties include people such as external agents and brokers, who may not be instructed to act on behalf of a producer. This is intended to prevent third parties from giving incorrect information in the producer's name.
If the producer is a natural person (e.g. a sole trader), they can provide information and make declarations themselves.
In the case of a legal person, an authorised person within the company must act on behalf of that legal person. If there is no individual with with sole power of representation, an individual within the company must be granted power of attorney and be named as the authorised person. Depending on the form of business organisation, this could be, for example, a member of a multi-member management board, a managing director, an authorised signatory, authorised agent or individual with sole power of representation. An authorised person within the company could also include an appropriately authorised team leader or a department head. The registration does not need to reflect internal company regulations (dual control principle, approval limits, departmental responsibilities, etc.).
The authorised person must bear responsibility for ensuring due and proper registration, particularly with regard to providing accurate declarations.
With the exception of the registration requirement, international producers under obligation without a branch within Germany can appoint an authorised representative to fulfil their duties under the VerpackG on their behalf. You can find more information about appointing an authorised representative in our 'Authorising a representative' knowledge base.
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