Authorized representative for sellers of photovoltaic panels

DOWNLOAD “AUTHORIZED REPRESENTATIVE” OFFER FOR INTRODUCING PHOTOVOLTAIC PANELS

How we can help you meet the obligations imposed by the law of September 11, 2015 on waste electrical and electronic equipment.

EU directives are quite clear about the obligations of those who introduce electronic equipment, which is what photovoltaic panels are. Poland passed a law regulating the issue in 2015.

In accordance with the above-mentioned Law of September 11, 2015 on Waste Electrical and Electronic Equipment, Chapter 3, Article 26, 1 to 9, we carry out for those introducing photovoltaic panels in Poland and the EU a number of obligations imposed on them by the legislator and the EU WEEE Directive as an “Authorized Representative”.

We represent a number of European and global manufacturers of photovoltaic panels, assisting companies in Poland, which, according to the law, by selling the products of non-Polish manufacturers, become the introducer and thus incur various obligations related to the recycling of photovoltaic panels.

For the photovoltaic panel introducers we represent, we deal with:

• Reporting to BDO the average annual weights of photovoltaic panels sold.

Average annual weight of equipment – means the average weight of equipment placed on the market in the 3 previous calendar years by a given equipment marketer; if an equipment marketer has not placed equipment on the market for 3 years, the average weight of equipment is counted for the 2 previous calendar years or the previous calendar year in which the equipment was placed on the market, respectively – Law of 2015)

• Conducting educational campaigns as part of information about recycling photovoltaic panels

Public education campaign – is understood as any activity aimed at raising the state of environmental awareness of the public and supporting the achievement of a high level of waste equipment collection, including information about the possible impact of waste equipment on the environment and human health, and about proper handling of waste equipment, in particular about methods of separate collection, available return systems and the role of equipment users in contributing to reuse and recovery, including recycling, of used equipment, including mass media campaigns, information leaflets and brochures, posters, competitions, conferences and information and education events – Law of 2015

• Train employees on the principles of sustainable recycling and obligations under the Waste Electrical and Electronic Equipment Act.
• Cooperate with SA recovery organizations to carry out obligations under the September 11, 2015 law.
• Supervision of proper labeling of photovoltaic panels introducing.

Statutory Guidelines:

Authorized representative (all of Chapter 3 and part of Chapter 2 of the Act)

Art. 25. 1. An equipment marketer that markets equipment from a manufacturer does not have to comply with the obligations imposed on it by the Law, as long as:

1) the authorized representative of this manufacturer is registered; 2) provided the authorized representative with all data necessary for the authorized representative to perform its duties with respect to equipment placed on the market by that equipment marketer, in particular, information on the weight of equipment placed on the market in the given and previous calendar year from the manufacturer that appointed that authorized representative. (2) In case of failure to provide the authorized representative with the data referred to in paragraph. 1 item 2, the equipment introducer is obliged to perform the obligations imposed on it by the Act with respect to the weight of equipment it placed on the market in a given calendar year, of which it did not inform the authorized representative. (3) The authorized representative shall maintain a list of equipment introducers who exercise the right referred to in paragraph (3). 1.

What does the whole process look like?

Preliminary audit

The audit is preceded by the signing of an NDA agreement between the parties; the contracting party appoints an agent to contact Lighthief. Such a proxy must have knowledge of suppliers, forms of purchase and tonnage of photovoltaic panels purchased.

Audit of contracts with suppliers in terms of the recycling fee in accordance with the law of September 11, 2015. On waste electrical and electronic equipment.

Determining the tonnage of equipment introduced by the introducer by 2021.

Determine the legal form of the security of the interests of the introducer

Entering into an agreement with Lighthief Sp. z o.o. for the services of an authorized representative

• Assumption of Statutory Duties of the Introducer.
• Reporting to BDO.
• Legal care.
• Work closely with the Purchasing Department of the Introducer for proper reporting of tonnages, marking and numbering of photovoltaic panels.
• No-cost collection of panels requiring recycling.
• Contracts of 3, 5 or 8 years securing the years up to 2021 in a tonnage manner in case of erroneous reporting by the Introducer in the years up to 2021 or complete lack of reporting.

Statutory Guidelines:

Equipment introducer (Article 4. Par 20).

It is understood as a natural person, an organizational unit without legal personality or a legal entity that, regardless of the sales technique used, including by means of distance communication:

1. (a) is based in the national territory and manufactures equipment under its own name or trademark or markets equipment designed or manufactured for it under its own name or trademark in the national territory,
2. (b) is established in the national territory and resells equipment manufactured by others in the national territory under its own name or trademark; the reseller shall not be considered an equipment introducer if the equipment bears the name or trademark of the equipment introducer, or
3. (c) is established on the territory of the country and markets in the course of its activities equipment from a Member State other than the Republic of Poland or a non-Member State

– except that an entity that performs financing on an exclusive basis under or pursuant to a financing agreement referred to in item 11 shall not be considered an equipment introducer, unless it simultaneously acts as an equipment introducer;

Certain obligations of the introducer (Article 12. to 24 ).

Art. 13. 1. The equipment marketer is obliged to attach information to equipment intended for households about:

1) the prohibition of placing waste equipment together with other waste, with an explanation of the meaning of the labeling referred to in Art. 14 paragraph. 1;

2) potential effects on the environment and human health resulting from the presence of hazardous: substances, mixtures and components in the equipment.

• The equipment introducer is obliged to inform about:

1) collection system, including return, of waste equipment;

2) the role that the household plays in contributing to the reuse and recovery, including recycling, of waste equipment

Art. 14. 1. An equipment introducer is obliged to label equipment with a selective collection symbol, the design of which is specified in Annex 2 to the Law. At the same time, the label indicates that the equipment was placed on the market after August 13, 2005.

Art. 15. 1. The equipment marketer is obliged to conduct public education campaigns for the equipment it has placed on the market.

Art. 17. 1. The equipment introducer is required to develop information on the reuse and processing of waste equipment, including, in particular, the identification of individual components and materials contained in the equipment, as well as the location of hazardous: substances, mixtures and components in the equipment.

The contents of the Law of December 14, 2012. On waste – Click here.

Contents of the Law of September 11, 2015. On waste electrical and electronic equipment – Click here.

Check also:

Other services
Inspections of photovoltaic and wind farms from a drone
Audits and diagnostics using thermal imaging
Investor audit – photovoltaic farms
Research projects
Reporting to BDO
Service of photovoltaic installations