FAQ Legislation

1 - Who is the EEE Producer?

For Producer of Electrical and Electronic Equipment (EEE) – and therefore subject to legal and regulatory obligations – is meant any natural or legal person who, regardless of the sales technique used (including distance/online selling or teleshopping), responds to the following characteristics:

 

  • is established in the national territory and manufactures EEE bearing its name or trademark, or commissions the design or the manufacture of EEE and sells it on the national market by affixing to it its name or trademark;
  • is established in the national territory and resells on the national market, with its name or trademark affixed to it, equipment produced by other suppliers; a reseller is not considered the Producer if the equipment sold bears the Producer’s trademark;
  • is established in the national territory and places on the national market, as part of a professional activity, EEE from a third country or another EU Member State;
  • is established in another Member State of the European Union or in a third country and sells EEE on the national market by means of distance communication directly to private households or to users other than private households.

The legislation sets the following obligations for the Producer:

 

  • achievement of the minimum recovery and recycling targets (set out in Annex V of Decree 49/2014);
  • registration or membership to a WEEE management collective system or the establishment of an individual system ensuring the uniform WEEE collection throughout the national territory;
  • registration in the EEE Register, i.e. the National Register of Producers of Electrical and Electronic Equipment, and whose registration number must be shown, within 30 days of its issuance, in the commercial documentation;
  • provision of an appropriate financial guarantee: in the case of membership to a collective system the guarantee is provided by the collective system itself;
  • annual communication to the EEE Register relating to the sales figures (number of units and weight of EEE placed on the market);
  • affix on the EEE to be placed on the market the symbol of the crossed-out wheelie bin (shown in Annex IX of Decree 49/2014) and its own trademark, name or EEE Register registration number;
  • make freely available, for each type of equipment placed on the market, information relating to the preparation for re-use and proper treatment. In order to fulfil this obligation it is possible to use the product sheets created by the CDCRAEE in collaboration with the collective systems and accessible at this link.
  • make available, in the EEE’s instructions for use, information for end users relating to the end-of-life of the equipment, in particular the obligation and the methods for the separate collection of WEEE, the potential effects on the environment and on human health in the event of incorrect treatment, and the meaning of the symbol of the crossed-out wheelie bin.

The EEE Register is the National Register of Electrical and Electronic Equipment Producers to which all Producers of household and professional EEE must be registered with and declare on an annual basis their volumes placed on the market.

The Register is public and accessible at: registroaee.it.

 

A product falls within the scope of application when it corresponds to the definition of electrical and electronic equipment, save for some exceptions expressly mentioned by the legislation (specified in the next question). Legislative Decree 49/2014 provides in Annex III a list of the categories falling within the open scope:

 

  • temperature exchange equipment;
  • screens, monitors, and equipment containing screens having a surface greater than 100 cm2;
  • luminaires;
  • large equipment (with at least one external dimension greater than 50 cm);
    small equipment (with no external dimension greater than 50 cm);
  • small IT and telecommunication equipment (with no external dimension greater than 50 cm).

 

The legislation also includes in Annex IV a list (albeit non-exhaustive) of some equipment falling within the scope of application. If you have any doubts about your products, contact us and we will provide you the necessary information.

The only equipment excluded from the legislation, and therefore not subject to it, relates to:

 

  • equipment which is necessary for the protection of the essential interests of the national security, including arms, munitions and war material intended for specifically military purposes;
  • equipment which is specifically designed, and is to be installed, as part of another type of equipment that is excluded or does not fall within the scope of application;
  • incandescent lamps;
  • equipment intended to be sent into space;
  • large-scale industrial tools;
  • large-scale fixed installations;
  • vehicles approved for the transport of people or goods;
  • non-road mobile machinery for professional use;
  • equipment specially made for research and development purposes;
  • medical devices and in vitro diagnostic medical devices if they are suspected of being infected before the end of their life cycle.

 

In order to ascertain if your products fall within the open scope, contact us and we will support you in this process.

Open scope means the extension of the scope of the WEEE legislation to product categories that until 15 August 2018 were excluded. Any equipment corresponding to the definition of EEE must therefore be considered subject to the legislation, unless explicitly excluded.

Legislative Decree 49/2014 lays down administrative sanctions for defaulting Producers:

 

  • from €30,000 to €100,000 for those who do not organise a separate collection system for professional WEEE, as well as systems for the collection, treatment and recovery of WEEE and the financing of the related operations;
  • from €200 to €1,000 for each equipment placed on the market without the provision of the financial guarantee required by law;
  • from €2,000 to €5,000 for those who do not provide, in the EEE’s instructions for use, the information necessary to the consumer for the correct management of the EEE at the time of discarding it;
  • from €5,000 to  €30,000 for those who do not provide to the treatment plants, within one year of placing the EEE on the market, the information necessary for its proper treatment;
  • from €100 to €500 for each equipment placed on the market not bearing the crossed-out wheelie bin symbol;
  • from €30,000 to €100,000 for those who place EEE on the market without being registered with the Chamber of Commerce;
  • from €2,000 to €20,000 for those who place EEE on the market without being registered in the National Register or do not communicate the information required or inaccurately or incorrectly communicate it.

Distributors can collect professional WEEE only if formally appointed by the Producer itself, and transport it to authorised plants indicated by the Producers.

Ministerial Decree 65/2010, sets out the simplified procedures governing the collection of waste electrical and electronic equipment (WEEE) by distributors, installers and service centres operators.

Also in this case, as with household WEEE, there is the need to register in the Environmental Managers Register for the collection and transport of WEEE, including the keeping and compilation of the loading/unloading register and transport document.

The Grouping Place must be suitable for the storage of WEEE, i.e. “not accessible to third parties and suitably paved, in which the WEEE is protected from exposure to rainfall and wind by means of suitable covering systems, including mobile ones, and is grouped taking care to keep separate any hazardous waste, in full compliance with the provisions of article 187(1) of Legislative Decree No. 152 of 3 April 2006. It is necessary to ensure the integrity of the equipment, taking all precautions to avoid any deterioration of the same and the release of hazardous substances”.

No. Distributors are not obliged to take back professional WEEE. The Distributor must ensure the proper disposal of any professional WEEE produced solely by its business activity, such as obsolete, discarded or returned defective products.

How to
become a member?

Find out how to become a member of the most important Italian Extended Producer Responsibility system for the management of WEEE, Battery and Packaging Producers. A single service for every need.