Regardless of the method of sale, including by means of the internet, a producer is an individual or legal entity authorised to conduct business in the Czech Republic which:
- is based in the Czech Republic and produces and introduces electrical and/or electronic equipment to the market under its own brand
- is based in the Czech Republic and sells electrical and/or electronic equipment produced by other suppliers under its own brand
- is based in the Czech Republic and imports or sells electrical and/or electronic equipment acquired from another country
- is based abroad and sells electrical and/or electronic equipment by means of the internet from another country (a so-called foreign producer complying with its obligation through an authorised representative)
The Waste Act regulates the legal effect of selling electrical and electronic equipment not originating from producers (respectively, authorised representative in the case of a foreign producer) entered into the List of Producers maintained by the Ministry of the Environment of the Czech Republic or in a compliance scheme. Whosoever sells such devices, the obligation resides with the producer in the full extent of its legal obligations.
- It is in the interest of sellers to verify whether the relevant producer, importer or authorised representative of a foreign producer is duly complying with all the obligations connected to introducing electrical and electronic equipment to the market.
Electrical and electronic equipment (EEE)
Equipment the function of which depends on electrical current or electromagnetic field, or equipment for the production, transfer and measuring of electrical current or electromagnetic field and which is designed for use in voltage not exceeding 1,000 V for alternating current and 1,500 V for direct current.
This does not apply to:
a) a device essential for the substantive security interests of the Czech Republic, including weapons, munitions and military materials intended exclusively for military purposes,
b) a device designed and installed as part of another device not falling under the jurisdiction of the pertinent part of the law if it may fulfil its function only as a component of such device, and
c) unambiguously incandescent light bulbs.
Introduction to the market
According to Section 4, paragraph 2 a) of the Waste Act, introduction of a product to the market in the Czech Republic consists in the first paid (e.g. by sale or leasing) or unpaid (by gift, lending) transfer of a product to another person or entity in the Czech Republic by its producer for the purpose of its distribution or use. Importing a product is also considered introduction to the market.