Under Italian legislation a “PRODUCER” of Electrical and electronic equipment (EEE) is someone who:
- manufactures and sells electrical and electronic equipment under his own brand in Italy;
- resells in Italy under his own brand equipment produced by other suppliers;
- places EEE first in Italy and markets it, even by means of distance communication, or:
- imports EEE from any European or non-European country and sells it in Italy;
- imports EEE already distributed in Italy by others and sells it on the Italian market.
The D.lgs 151/2005 in article 3, letter m., defines:
"producer": any person who, irrespective of the selling technique used, including by means of distance communication as in Legislative Decree no. 185 of 22 May 1999, and its later modifications:
• someone who produces electrical and electronic equipment intended solely for export is a producer only for the purposes of articles 4,13 and 14. For the purposes of this Decree someone who provides financing only on the basis or by law of a financial agreement is not considered a producer unless he acts as a producer in the terms of 1), 2) e 3);
- manufactures and sells electrical and electronic under his own brand;
- resells under his own brand equipment produced by other suppliers, a reseller not being regarded as the "producer" if the brand of the producer appears on the equipment, as provided for in point 1;
- imports or places electrical and electronic equipment first in Italy and markets it, in a professional context, even by means of distance communication;
The D.Lgs 151/2005 for the management of WEEE transfers the responsibility for waste electrical and electronic equipment from the public administration to the producers.
In brief the producer must:
- enrol on the EEE Register – National Register of Producers of Electrical and Electronic Equipment;
- put on his invoices the enrolment number on the EEE Register within 30 days of getting it;
- regularly communicate his sales figures to the National Register;
- begin WEEE withdrawal, treatment and recovery systems, (through enrolment in the collective schemes);
- label his products attaching the “crossed out wheely bin” (symbol set out in Regulation EN 50419);
- adequately inform his users about end of life management for electrical and electronic equipment and about the penalties in cases of illegal disposal of such waste.
The method of management and finance for WEEE varies according to whether the waste belongs in the private household or professional category.
The D.lgs.151/2005 indeed defines two categories:
- Household WEEE or the waste electrical and electronic equipment from private households or similar retuned to the municipal collection facilities;
- Professional WEEE or the waste electrical and electronic equipment which has purely professional characteristics;
For the management of historical household WEEE, coming from EEE place on the market by 31 December 2009, the producer is obliged to enrol in a collective scheme and, for the management finance, the fee he has to pay is proportional to his market share calculated on the basis of the data sent to the National Register of producers.
For the management of historical professional WEEE, i.e. from EEE placed on the market by 31 December 2009, the producer becomes responsible only if, at the same time as a sale of new EEE, he withdraws historical EEE of the same type and function, regardless of its brand.
For the management of new WEEE, i.e. from EEE placed on the market since 1st January 2010, both household and professional, the financial responsibility is still at the producer’s expense.
The penalties at the producer’s expense, set out by Article 16 of D.lgs151/2005, are the following:
- from € 30,000 to € 100,000, for the EEE producer who does not arrange enrolment on the appropriate National Register at the CCIAA;
- from € 30,000 to € 100,000, for the EEE producer who does not organize the separated WEEE collection system;
- from € 2,000 to € 20,000, for the EEE producer who does not communicate his sales figures to the National Register;
- from € 2,000 to € 5,000, for the EEE producer who does not supply the information set out in the instructions for use;
- from € 200 to € 1,000, for each item of equipment placed on the market for the producer who does not attaching label “crossed out wheely bin” on his products;
- from € 200 to € 1,000, for each item of equipment placed on the market for the EEE producer who does not set up adequate financial guarantees at the time he places that EEE on the market.
ecoR'it is the single solution for the management of household and professional WEEE.
ecoR'it has always provided a transparent, economical, secure and reliable service.
To get a quote for the enrolment costs go to “how to join".