Let us remind you the most important points of the amendment to the Waste Act, which came into force on 1.10.2014.
The so-called Electrical and Electronic Amendment puts the new requirements of European Directives into practice in the Czech Republic, concerning, among other, the obligations of producers of electrical and electronic equipment. Some of the provisions entered into effect immediately, others will do so during 2015. The final changes will come into force in 2021.
- As we have mentioned on several occasions, requirements relating to the quantity of taken-back electrical and electronic equipment have undergone radical change. The original quota was set at 4 kg per head of population per annum. The minimum level of collection from 2016 onwards must reach 40 % of the average weight of the electrical and electronic equipment placed on the market in the Czech Republic over the previous 3 years, this level rising to 65 % in 2021. Which in practice means ensuring a rise in the collection of electrical and electronic appliances in the Czech Republic of around 1/3. Thanks to the measures already put in place, ELEKTROWINa.s. was able to increase the quantity of processed electrical and electronic equipment from 27,000 tons in 2013 to 29,174 tons in 2014, meaning an increase of over 2,000 tons. However, limits proposed by the Ministry assume that we will have to collect 33,000 tonnes in the year 2016 and ensure a 5 % increase in the volume of taken-back appliances year-on-year until reaching a figure of 55,000 tonnes in the year 2021. This, of course, cannot be done by waving a magic wand, only by securing sufficient money and the relevant legislative regulation.
- One positive change is the simplification of the process of entering a producer in the Register of Producers that is maintained by the Ministry of the Environment. There is no longer any need to provide an up-to-date copy of an entry in the Commercial Register or power of attorney with authenticated signature. All that is required is to complete a form and ELEKTROWIN will send this to the Ministry for you. The process is even easier if changes are required. The producer enters any changes to its information in the form „Změna, výmaz účastníka” (Change or deletion of subscriber) (http://www.elektrowin.cz/cs/vyrobci-a-dovozci/registrace.html and sends it to ELEKTROWIN a.s., which will make the change using remote access to the information system of the Ministry. This form is not completed in the case of changes to first name or first name and surname, trade name, address of the place of permanent residence, address of registered office or legal form because the Ministry has connected the Register of Producers to the Information System of Basic Registers, from which this information is copied automatically. When a conflict of information is found in the Register of Producers, it is necessary to contact the authority charged with entering this information in the register (municipal authorities – Czech point – courts, registry offices etc.).
- One significant change is considered to be modifications in the matter of returning contributions for electrical and electronic equipment placed on the market in the Czech Republic and subsequently exported outside the Czech Republic. The law now states that an application can be made not later than 28th February of the year following the calendar year in which the contribution is paid; otherwise the right to reimbursement shall cease to exist. This measure also applies to electrical and electronic equipment exported abroad in 2014.
- A so-called authorised representative shall be responsible for complying with the obligations of a foreign producer on the basis written authorization. A party having its registered office in another Member State of the EU that places electrical and electronic equipment on the market in the Czech Republic may also appoint an authorized representative. The authorized representative may only be legal entity or natural person authorized to undertake business that is established in the Czech Republic.
- When transporting goods over the Czech border, the holder must prove that the used electrical and electronic equipment being transported is not waste. This provision does not apply to the return of defective products to producers under warranty, sending used profi-products back to producers for renovation or repair, sending defective profi-medical products back to producers for an analysis of the causes of defects or to electrical and electronic equipment for private or personal use/gifts.
- Retailers of electrical and electronic equipment with electrical and electronic equipment floor space of more than 400 square metres are now obliged to take back and hand over for recycling all small appliances without the person handing over the appliance being obliged to buy new goods. The ELEKTROWIN a.s. collective system responded to this obligation in advance by placing collection resources at more than 2,000 sales outlets.
- The producers of electrical and electronic equipment are obliged to arrange for take-back points in all communities and city districts having a population of more than 2,000. ELEKTROWIN a.s. is one of the few collective systems to have such a collection network at its disposal. A collective system that is unable to prove having created a collection network on this scale to the Czech Environmental Inspectorate exposes its producers to the risk of penalties of up to CZK 10 million, which is something that does not threaten our company. For your information - our collection network, which fully complies with this parameter, was built over 8 years and we cannot imagine that any one of the collective systems that is trying to undercut prices would be able to contractually create such a network within 4 months of the amendment entering into effect.
- None other than the processor, the end retailer or the operator of take-back points designated by the producer/collective system may accept used electrical and electronic equipment and electrical and electronic waste, meaning that metal buying yards and collection yards must refuse to accept these items if they do not have a contract with a producer or the operator of a collective system.
- Producers are obliged to keep records of the flow of taken-back electrical and electronic equipment and separately collected electrical and electronic waste from take-back points or separate collection points until this electrical and electronic waste has been processed, used and disposed of to the extent laid down in implementary regulation. ELEKTROWIN a.s., as a collective system that promotes a transparent approach, has kept such records from the very beginning of its work and has invested considerable resources in an information system that enables such records to be maintained.
- The amendments also change the division of individual types of appliances into categories. The existing 10 categories will be reduced to only six. However, this change will not come into force until 15.8.2018 and we will keep you informed of the specific impact it has on the producers of electrical and electronic equipment.