Buying low, selling high, pocketing the difference - on the face of it, it does not sound complicated and can also be quite lucrative if you do not have a large overhead. In the PV sector, too, there are still numerous very small companies that operate like this without giving it much thought. Many small wholesalers are not even aware of the risks they are taking.
If something goes wrong, however, the personal damage in our economic system is also very small. Liability - except in cases of gross negligence - is limited to the company capital, which sometimes amounts to only a few hundred euros. In the worst case, the company is simply liquidated and then reopened under a different name. The real damage occurs at the customers who made purchases in good faith from these irresponsible dealers because the price was a few cents cheaper there.
Many buyers probably think: "What could possibly go wrong if the brand behind the product is reasonably well-known? If there's a problem, I'll just contact the manufacturer." That they reckon without one’s host only becomes apparent when the manufacturer either ceases to exist or the customer is simply left twisting in the wind, "Not our responsibility, please contact the dealer!" The buck is passed back and forth until the injured party finally gives up in desperation. Lucky customers will have taken comprehensive risk insurance on their PV systems well ahead of time. In that case the insurance company is in charge and will somehow have to solve the problem.
But what makes a conscientious, if that is even possible?
First of all, it has to be made clear once again that the so-called distributor, i.e. the first entity that places a product on a closed market, is the party responsible before the law (importer's liability). What differs from case to case is whether a sovereign country or the economic community (e.g. the EU) is the determining factor in this respect. To be released from liability, the sales documents must clearly show that an upstream dealer was the actual distributor and can still be held liable if necessary. In the case of customs offences, however, it is possible to intervene right through to the end customer.
Within the framework of the European market restrictions for Asian modules, this is also the first hurdle to overcome when buying and selling such products. This practice raises a number of questions: Are the modules subject to the EU Directive for imports from Asia? Have duties been paid correctly and can this be proven plausibly? Has the manufacturer correctly identified the origin of the modules and the cells used to build them? Quite a few allegedly correctly declared modules have been withdrawn from the market in recent years due to forged documents, and the importers and manufacturers have faced steep penalties.
The next hurdle is the European Recycling Regulation (Waste Electrical and Electronic Equipment Directive, short: WEEE), which contains the underlying idea of the polluter-pays principle but is implemented in very different ways in different countries. In this context, the national border defines the closed market, so that the obligations deriving from this regulation apply to the party offering a product for the first time in a local market. On a brand basis, the distributor has to register business involving PV modules, inverters, measuring technology and soon also cable material with the respective relevant authority (e.g. Germany's "Stiftung ear" and institutions in other markets). Only after a registration number has been issued, certain requirements are met, and financial securities deposited to guarantee subsequent disposal, may the products be put on the market.
Of course, in addition to all of these obligations it is important not to forget to regularly and conscientiously check the quality of the products traded. Unfortunately, it is not enough to have a handful of certificates issued by the manufacturer and trust that everything is correctly stated and that the documents are still valid. With the rapid pace of development and the short product cycles of today's PV modules, hardly any product available on the market is likely to match the version that passed an IEC certification. Due to the high costs, follow-up certifications tend to be sporadic. In principle, this is also no problem as long as no safety-relevant components are affected by the changes. A product-specific certification is always only a snapshot and not a guarantee of good product quality. But the current standard requires valid certificates to form the basis for the CE marking required in Europe. With these certificates, the manufacturer or distributor declares that the product meets the applicable requirements, also known as the EU Declaration of Conformity. Products that are not CE marked may not even be offered for sale!
The problems described here are only a small part of what a serious wholesaler who wants to act responsibly has to deal with in today's market. Since this involves financial and personnel expense, conscientious operators are naturally at a disadvantage over unscrupulous, or perhaps even ignorant competitors, the so-called free riders. But government checks are rare - people rely on reciprocal controls and reporting when irregularities are discovered. Many reputable trading companies are still wary of throwing the first stone, however, because they cannot be sure that this will not come back to haunt them. Many requirements are simply not feasible without changing the business model. There is an urgent need to correct this with legislation. Some obligations are reasonable and necessary, but often not known to those affected. There is an urgent need to remedy this situation, both through education and implementation.
Overview by technology of different price points in March 2018, including the changes over the previous month:
