Producers obligations

PRODUCERS OBLIGATIONS

The producers of electrical and electronic equipment – any natural or legal person, irrespective of the selling technique used, including by means of distance communication, where:

• manufactures and sells electrical and electronic equipment under his own brand;
• resells under his own brand equipment produced by other suppliers, a reseller not being regarded as manufacturer if the brand of the producer appears on the equipment, as the previous section;
• imports or exports electrical and electronic equipment on a professional basis in or from Romania or another Member State of the European Union.

The producers are required to provide to the users of electrical and electronic equipment from private households information regarding:

• the obligation to selectively collect waste electrical and electronic equipment;
• the obligation to use the collection systems available for them;
• the role of users in the reuse , recycling and recovery of waste electrical and electronic equipment;
• the potential effects on the environment and human health as a result of improper disposal of waste electrical and electronic equipment.

The producers are required to provide financing for the collection, treatment, recovery and safety disposal of waste electrical and electronic equipment generated in private households, deposited at collection points.

The producers must enter in the electrical and electronic equipment producers register constituted by the National Environmental Protection Agency; the registration number received will be communicated to all the commercial networks that introduce EEE on the market.

The producers or the authorized representatives  which act on their behalf are required to organize the collection, recovery and recycling of waste electrical and electronic equipment, as follows:

• individually using their own resources, according to the operating plan approved by the authorities; or
• by transferring these responsibilities, on contract, to the legally constituted and authorized economic operators (collective organzations).

The producers are required to follow all electrical and electronic equipment waste collected from private households with waste collection points electrical and electronic equipment furnished by local authorities from merchants receiving waste electrical and electronic equipment in the system 1-1 and by other means, to be transported to authorized treatment facilities.

The producers must achieve a  national rate of collection of at least 4 kg/inhabitant/year; the producers of electrical and electronic equipment will provide annually the collection of an amount of waste electrical and electronic equipment representing annual collection rate applied to the amount of electrical and electronic equipment placed on the national market in that year.

The producers must ensure the recovery of waste electrical and electronic equipment collected separately and must achieve the following objectives:

a) for WEEE falling under categories 1 and 10 of Annex. 1A Government Decision no. 1037/2010 on waste electrical and electronic equipment:

1. recovery rate of 80% by average weight per appliance;
2. rate of reuse and recycling of components, materials and substances of 75% by average weight per appliance;

b) for WEEE falling under categories 3 and 4 of Annex. 1 A Government Decision no. 1037/2010 on waste electrical and electronic equipment:

1. recovery rate of 75% by average weight per appliance;
2. rate of reuse and recycling of components, materials and substances more than 65% by average weight per appliance;

c) for WEEE falling under categories 2, 5, 6 , 7 and 9 of Annex. 1A Government Decision no. 1037/2010 on waste electrical and electronic equipment:

1. the rate of recovery shall be increased to at least 70% by average weight per appliance;
2. rate of reuse and recycling of components, materials and substances must be increased to at least 5 % by average weight per appliance;

d) for gases discharge lamps rate reuse and recycling of components, materials and substances must be increased to at least 80% by weight of the lamps.

The producers are required to keep in a register established for this purpose, a record of the amount of waste electrical and electronic equipment, components, materials and substances thereof into and out of the facility treatment and/or entering the recovery or recycling instalations.

When they place EEE on the market, the producers must ensure a financial guarantee that will be used to manage all waste electrical and electronic equipment from electrical and electronic equipment placed on the national market by them.