One of the most confusing parts of registering with the Single-Use Plastics Fund (EWKF) via the DIVID portal is the term "Authorised Representative" (AR). For many international Amazon, eBay or Etsy sellers, this requirement is a genuine roadblock.
Status of this article: All details were verified in August 2026 against the statutory text and the publications of the German Environment Agency (UBA).
Is an Authorised Representative mandatory?
There is a widespread misconception here: many guides claim that only companies from outside the EU need an Authorised Representative. That is not correct.
What matters is not EU membership but solely whether you maintain an establishment in Germany. The law is unambiguous: a producer who has no establishment within the scope of this Act must appoint an Authorised Representative. A company from Poland, France or the Netherlands without a German establishment is therefore just as obliged as a company from the USA or China.
| Where your company is based | Registration in DIVID | Is an AR required? |
|---|---|---|
| Germany (with establishment) | Yes | No — you register yourself |
| EU, no German establishment | Yes | YES — mandatory |
| Non-EU (USA, China, UK …) | Yes | YES — mandatory |
The obligation has applied since 1 January 2025. Producers already active on the market before 1 January 2024 had to complete the appointment by 31 December 2024. Important: the appointment must be made before you start trading — not once an authority or a marketplace asks.
What exactly is an Authorised Representative?
An Authorised Representative is a natural or legal person resident or established in Germany who assumes the obligations under the EWKFondsG on behalf of your foreign company.
The legal construction is notable: with regard to the transferred obligations, the appointed representative is itself deemed to be the producer under the Act and acts in its own name. It is therefore not merely your mailbox or agent for service — it is liable towards the authorities.
The reason for this arrangement is practical: the UBA needs a tangible responsible party within German jurisdiction — someone who can be held to account for reports and payments.
Who's who: UBA, Authorised Representative and dual systems
During registration you will come across terms such as "compliance agency" or "service provider". The roles are clearly separated:
German Environment Agency (UBA) / DIVID: the authority. It maintains the register, assesses the levy and administers the fund. Not a service provider — the state.
Authorised Representative: a private company you hire and pay. It assumes legal responsibility for your compliance.
Dual systems: responsible for packaging under the Packaging Act (LUCID). While they often provide information about DIVID, the Single-Use Plastics Fund is a legally separate obligation. Paying a dual system does not replace the EWKF levy.
How the process actually works
1. Appointment. You conclude a written mandate with a representative established in Germany. The law requires the appointment to be made in the German language — an English-only agreement is not sufficient. Each producer may appoint only one representative at a time.
2. Registration. Here is a point that is often misrepresented: registration in the DIVID portal must be carried out personally by the producer. Your representative cannot create the account for you. It subsequently takes over the fulfilment of the transferable obligations — but creating the account is not among them.
3. Linking and confirmation. You select your representative in the DIVID portal and upload the signed contract as a PDF. The link only takes effect once your representative confirms it in their own portal access.
4. Quantity reporting. You supply your sales data and your representative files the official report. Once the total mass reaches 100 kilograms, the quantity report additionally requires prior verification by a registered auditor.
Where can foreign sellers find a representative?
The most reliable starting point is the official source: on its EWKF page, the UBA publishes a continuously updated list of registered Authorised Representatives who have consented to publication. It also maintains a list of registered auditors, whom you will need for quantity reports above 100 kilograms.
When choosing, look at three things: demonstrable experience specifically with the EWKFondsG (not just VerpackG or ElektroG), transparent pricing including audit costs, and a clear contractual allocation of liability. Your representative gains access to your sales data and carries legal responsibility — this is not a mere formality.
Why the process feels complicated
The real reason is liability. Because your representative is deemed to be the producer with regard to the obligations it has assumed, and acts in its own name, it carries genuine risk. That is why it will ask for detailed documentation about your products: material composition, classification under Annex 1, weights per category, sales volumes.
It feels bureaucratic, but it is understandable: anyone who is liable for someone else's figures will check them carefully.
Important: since August 2026 the same broadly applies to packaging
Until recently, appointing an Authorised Representative under the Packaging Act was voluntary. Since 12 August 2026 it has also been mandatory for foreign producers without a German establishment who supply German end users directly — the legal basis being Article 45(3) PPWR and § 5(2) VerpackDG. The same principle applies: the representative takes over all processes and is liable for them, with the exception of the registration itself.
The practical consequence for international sellers: you may need a representative for both systems — LUCID for packaging and DIVID for single-use plastic products. Many providers offer both from a single source, but legally these are two separate appointments.
Key points at a glance
☐ What matters is establishment in Germany — not EU membership
☐ Without a German establishment, an AR has been mandatory since 1 January 2025
☐ The appointment must be in writing and in the German language
☐ Only one representative per producer
☐ You carry out the registration yourself — your representative cannot do it for you
☐ LUCID covers packaging, DIVID covers single-use plastic content — two separate obligations
☐ Since 12 August 2026 an AR is mandatory under packaging law as well
Final thoughts
German environmental law can look overwhelming at first, but the Authorised Representative is ultimately a pragmatic construction: it is the bridge between your foreign company and the German legal system. Without one, a foreign producer cannot enter the German market compliantly.
If you are unsure which registration category applies to your company, or whether your products fall under Annex 1 at all, clarify that before signing a mandate — an incorrect product classification becomes expensive later.
Official sources
- UBA: list of Authorised Representatives and auditors
- DIVID — registration portal
- EWKFondsG — statutory text
- VerpackG — statutory text