1. When must a producer of electrical or electronic equipment have an authorized representative?
It is mandatory that a producer has an authorized representative in Spain when the company is not physically located in Spain but sells its products in Spain. In the same way, a Spanish manufacturer who sells directly in any other Member State of the European Union will need to have an authorized representative in that specific country.
2. Which are the different types of producers?
The Royal Decree 110/2015, on waste of electrical and electronic equipment (WEEE), distinguishes the following types of producers, regardless of whether they are physical or legal entities:
a) Manufacturer: an entity who manufactures in Spain or manufactures for third parties with the brand of another company, in which case this second entity is the producer.
b) Seller of a private label, own brand or a distribution brand: is a producer of the devices manufactured and sold in Spain by another company in their name which could be manufactured in another country and later imported.
c) Importer: imports a device from a Member State of the European Union or from a third country, for sale in Spain.
d) Distributor: an entity that imports any of the electrical and electronic equipment (EEE) that it commercializes, which then becomes a producer (importer) in relation to those devices. If all the devices that are commercialized have been purchased from manufacturers or importers that are already producers in Spain, then the distributor is not a producer.
e) Distance seller: An entity that is established outside Spain and sells EEE (Electric & Electronic Equipment) remotely directly to private households or to professional users in Spain, it is then considered a producer.
In cases a) to d), the producer must register and declare his status as a producer or, alternatively, operate through an authorized representative. In case e), however, it is mandatory to have an authorized representative in Spain.
3. What is the information that the producer should provide to the authorized representative to the Integrated Industrial Register of the Ministry of Industry?
In the event that a producer has an authorized representative in Spain, the same information that is requested from any Spanish producer must be provided. As the only difference, the authorized representative must present the Spanish VAT number, while the producer must present the VAT number of its country of origin.
4. Can a physical or legal entity be an authorized representative of several producers?
Yes. There is no limitation in this respect, as long as it presents the legal obligations of each of the entities, separately.