Importers-producers

Producer and importer of electric and electronic equipment is a legal entity with following criteria: 

  • regardless the way of sale including distant sale produces and places electric and electronic equipment to the market in the Czech Republic under its trademark and is has a seat of business in the Czech Republic
  • is based abroad and sells electrical and/or electronic equipment by means of distant sale from another country (foreign producer fulfilling  his obligations through an authorised representative)
Authorised Representative

In general the institution of Authorised representative is enacted in the §37q of the Act on Waste. The official English translation is not available, to my knowledge, so we translated in a following way:

(1) There is authorized representative who is responsible for fulfilments of obligations of foreign producers given in this part of Law and which is appointed for that reason by the foreign producer by written mandate.

(2) The person placed in other EU member state which is importing electric and electronic equipment in the Czech Republic in case it is not a foreign producer according to the par. 1, can appoint its authorized representative with the intention to fulfil obligations of producers stipulated in this part of this Act. The authorized representative is responsible for fulfilling obligations from the moment of being registered in the List of producers pursuant to the § 37i according to the first sentence. The producer is obliged to inform his customers about the appointment, change and cancellation of the authorized representative.

(3) The authorized representative pursuant to the par 1 and 2 can be only legal entity or natural person authorized to undertake business and which is established in the Czech Republic.

The authorised representative pursuant to par 1 and 2 is fulfilling all obligations of the producers stipulated in this part of the Act. The responsibility of the producer for fulfilment of obligations stipulated by this part of the Act is not cancelled in case the authorised representative is not fulfilling these obligations.

(4) The person established in the Czech republic and is selling EEE by means of distant communication directly to the end users in other EU member state is obligated in the line with the legal provisions of this member state to determine its authorised representative on the basis of written mandate in order to fulfil obligations regarding this EEE as regards the legal provisions of this member state.

Remark: „Foreign producer” (§37i, odst. 1) is the one selling to the Czech Republic EEE with the means of distant sale, this one has to have AR compulsorily.)



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