Producer means any natural or legal person authorized to operate a business who, irrespective of the selling technique used, including by means of distance communication,
- manufactures and sells electrical and electronic equipment under his own brand; or
- resells under his own brand electrical and electronic equipment produced by other suppliers, unless the brand of the person pursuant to paragraph 1 appears on the equipment, or
- imports electrical and electronic equipment (EEE) into the Czech Republic or puts such electrical and electronic equipment on the market in the Czech Republic within his business activities.
Producers and importers who fail to perform the take-back duty after August 13, 2005, i.e. are not members of a collective scheme and are not individually registered in the List of Producers of EEE kept by the Ministry of the Environment, materially violate the duties stipulated by the law, which could have adverse consequences in case of an inspection performed by the Czech Trade Inspection or the Czech Environmental Inspectorate. Simultaneously, in Section 37j (4), the Waste Act stipulates the legal impact of sale of EEE not originating from producers registered in the List of Producers or in a collective scheme in that any person selling such equipment himself bears the liability of a producer, to the full extent of his statutory obligations. Consequently, it is in the interest of all dealers to verify whether the relevant producer or importer is a member of a collective scheme, such as ASEKOL, or is individually registered in the List of Producers kept by the MoE of the Czech Republic.
Electrical and Electronic Equipment
EEE is equipment which is dependent on electric currents or electromagnetic fields in order to work properly and equipment for the generation, transfer and measurement of such currents and fields falling under the categories set out in Annex No. 7 to Act No. 185/2001 Coll. and designed for use with a voltage rating not exceeding 1 000 Volt for alternating current and 1 500 Volt for direct current, except for equipment intended exclusively for the purposes of State defense.
Putting on the market
Pursuant to Section 4 (s) of Act No. 185/2001 Coll., on wastes, putting on the market means transfer of a product to another person for the purpose of its distribution or use, either for consideration (sale, lending and borrowing, lease) or without consideration (gift). Pursuant to the Waste Act, import of a product shall also be considered to be putting on the market.
Published on: 09. 09. 2009
Author: Ing. Karel Krejsa