Every producer must submit their application for registration personally. Section 35 (1) VerpackG states that the obligation to provide the required information and declarations may not be transferred to a third party. Third parties include people such as authorised representatives, external agents and brokers. This is a situation where they may not be instructed to act on behalf of a producer. This is to prevent third parties from giving incorrect information in the producer's name. Where a legal person is concerned, an authorised person within the company must act on its behalf. If there is no individual with sole power of representation, an individual within the company must be named as the authorised person. Depending on the form of business organisation, this could be a member of a multi-member management board, a managing director or another authorised officer or signatory. An authorised person within the company could also include an appropriately authorised team leader or a department head.

The authorised person must bear responsibility for ensuring due and proper registration, particularly with regard to providing accurate declarations.

International producers under obligation without a branch within Germany can appoint an authorised representative to fulfil their duties under the Verpackungsgesetz (Packaging Act) on their behalf. This does not apply, however, to the registration requirement. Further information can be found in our knowledge base dedicated to authorising a representative.