This is starting to become a little clearer but, I have another scenario that I would appreciate some feedback on. We manufacture our product in Canada, sell to our subsiduary in the UK, (intend to register in the UK when there is some place to register too). But, our UK office's largest customer is in Germany, we sell direct to them and not through a distributor. So, question is do we need to register in Germany or not? If yes, then I'm stuck in that same circle of not having a legal presence so how will I comply with the law?
Thanks for the help
Carol Spiers
-----Original Message-----
From: Leadfree [mailto:[log in to unmask]]On Behalf Of Haas, Bill
Sent: July 29, 2005 11:24 AM
To: [log in to unmask]
Subject: Re: [LF] WEEE Fee questions
Jean,
Your English is more clearly composed than the Directives with which we are trying to comply, so don't worry about that. Let me offer my perspective for your consideration for what it's worth, and it may not be worth much, I warn you.
Through various channels our company has received essentially the same message that you have received. If your company has a legal presence in a European Union country, then you can register for WEEE compliance there. However, if your product enters those countries where you have a legal presence through your distributor and not through your own subsidiary, then the distributor is still apparently the producer of record for the purposes of WEEE and therefore owns responsibility for WEEE compliance.
In countries where you have no legal presence, your distributor registers and administers WEEE financial responsibilities.
In either case, where the distributor is the producer of record, you may need to negotiate a financial arrangement with that distributor for WEEE fees. Be sure to know the weight of your products, since fees are based upon weight and quantity.
Clouding the issue of WEEE fee responsibility is whether you product undergoes further manufacturing upon entry, or whether the distributor sells it to an end user. In order to avoid double WEEE fees, the former situation is apparently free of WEEE fees, whereas the latter is subject to WEEE fees. However, different countries seem to be approaching this with different rules, Germany chief among them.
Further clouding this issue is the role of Pan-European recycling schemes who may register on your behalf and take care of the fees and the recycling. How this arrangement will operate is not clear to me. Heck, none of it is clear, and I offer this information only as a working hypothesis, not a legal opinion or definitive position.
Reference material for these questions includes the UK DTI WEEE guidance documents and the European Commission's "Guide to the implementation of directives based on the New Approach and the Global Approach," also known as the "Blue Book." You can easily locate these with a Google search.
Good luck to us all, and thanks to the Forum for information on my original questions in this string.
Regards,
Bill Haas
-----Original Message-----
From: Leadfree [mailto:[log in to unmask]] On Behalf Of Jean Chapadeau
Sent: Friday, July 29, 2005 9:13 AM
To: [log in to unmask]
Subject: Re: [LF] WEEE Fee questions
Hello Forum.
For a few weeks, I have made research and steps to register in the Countries of the EU a manufacturing company located in North America (Quebec). To my great surprise several Countries turn me over the message which we are not obliged to be register but our distributors must be register obligatorily. (Austria,Finland,Germany,Ireland,Luxembourg,Netherlands,Slovakia,and Sweden)say me, "An American firm without a subsidiary in the state is not considered to be a producer and cannot register with the state registration authority". In other Countries all the producers must be register. My interogation is:
Which is it true défintion of producer for the Countries of the EU?
Is there a person who can help me on this subject?
PS: Excuse me for my English because it's not my mother tongue and which I start to speak and write.
Thank you for your assistance and have a nice day with all
Jean Chapadeau
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