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Everything you need to know about Electrão
It is a strategy developed to integrate the environmental costs associated with goods/products throughout their life cycle into their market value and establishes that the producer/importer of packaging, electrical and electronic equipment and/or batteries and accumulators is responsible, in whole or in part, physically or financially, for the environmental impacts and the generation of waste resulting from the production process and the subsequent use of the respective equipment, as well as for its management when it reaches the end of its life.
The producer/importer must not only promote changes in the design of the product to minimise its impact when it becomes waste, but also ensure its correct treatment. The producer/importer is responsible for organising and financing the recycling of packaging, electrical and electronic equipment and/or used batteries and accumulators resulting from the products he places on the market, and it follows from this obligation that the Producer/Importer must join an integrated system or set up an individual waste management system.
According to Decree-Law No. 67/2014, of the 7th of May, Electrical and Electronic Equipment is ‘equipment that depends on electric current or electromagnetic fields to function, and all equipment for generating, transferring and measuring such currents and fields, and designed for use with a nominal voltage not exceeding 1,000 V for alternating current and 1,500 V for direct current’.
Decree-Law No. 152-D/2017 of the11th of December stipulates that, as of the15th of August 2018, all electrical equipment must be reclassified into 6 new categories (the 10 previous categories cease to exist and the 6 new categories apply).
In addition, the Decree-Law also broadens the scope of the electrical equipment register to include equipment that was not previously covered.
These changes mean that all producers must re-register the products they place on the market on the APA's (Portuguese Environment Agency) SILiAmb platform, in accordance with the new system of 6 categories of electrical equipment.
Read more about the 6 new categories of electrical equipment here.
Under the terms of Article 3, paragraph v), of Decree-Law No. 67/2014, of the 7th of May, producers of electrical equipment are natural or legal persons, regardless of the sales technique used (including remote sales), who fall under at least one of the following categories:
- Manufacturer under own name or brand, established in Portugal: Manufactures equipment under its own name or brand and places it on the market in Portugal.
- Dealer under own name or brand, established in Portugal: Has equipment designed or manufactured and sells it on the Portuguese market under its own name or brand.
- Reseller under own name or brand, established in Portugal: Resells equipment produced by other suppliers on the Portuguese market under its own name or brand.
- Importer established in Portugal: Places equipment from a third country or another European Union country on the Portuguese market.
- Remote sale to end users: A natural or legal person, established in another European Union country or in a third country, who sells equipment, via remote communication techniques, directly to end users, individuals or non-individuals, in Portugal.
- Manufacturer/dealer not established in Portugal: A foreign company established in the European Union that places electrical equipment in Portugal in companies that act as importers on the national market and that wishes to bear all the obligations of a Producer in Portugal.
According to article 17 of Decree-Law No. 67/2014 of the 7th of May, electrical equipment distributors are required to guarantee the reception of waste electrical equipment free of charge and for end users, on a one-to-one basis, as part of the supply of new electrical equipment, as long as the waste is from equivalent equipment.
Retail stores with a surface area of more than 400 square metres are also required to guarantee the free take-back of small electrical equipment waste for end users, without any obligation to purchase equivalent electrical equipment. This waste electrical equipment can be received in the store or in its immediate vicinity.
In addition to these obligations, there are also obligations as a producer of electrical equipment, if you act as such within the meaning of Article 3, paragraph v) of the aforementioned Decree-Law, as explained in the FAQ "Am I a producer of electrical equipment?".
1. Join the WEEE Management System
If you are a Producer of Electrical Equipment, you should transfer your responsibility for the management of waste electrical equipment to an entity that manages a collective system, such as ELECTRÃO, in accordance with Article 22, paragraph 1 of Decree-Law 67/2014 of the 7th of May.
Alternatively, you can set up an individual waste management system, as provided for in Article 29 of the same law.
2. Register with the National Registration Entity
In addition to transferring responsibility to a Management Entity, you must also register as a Producer with the National Registration Entity, currently APA – Portuguese Environment Association, by formalising your registration with SILiAmb (siliamb.apambiente.pt), in accordance with Article 32 of Decree-Law No. 67/2014 of the 7th of May.
3. Producer Registration Number
Once you have registered with SILiAmb (siliamb.apambiente.pt), you receive a registration number (PT followed by 6 digits) that must appear on the invoices issued and on the transport documents for the equipment for which you are considered to be the producer.
4. Product Marking
You must ensure that all the equipment for which you are the producer is marked with the symbol shown in Annex VII of Decree-Law No. 67/2014 of the 7th of May (a rubbish bin barred with an X), which must appear on the electrical equipment of which you are considered a producer, as provided for in Article 30, Number 2, paragraph e) of the same Decree-Law.
According to Article 17 of Decree-Law No. 67/2014 of the 7th of May, electrical equipment distributors are required to guarantee the reception of waste electrical equipment free of charge and for end users, on a one-to-one basis, as part of the supply of new electrical equipment, as long as the waste is from equivalent equipment.
Retail stores with a surface area of more than 400 square metres are also required to guarantee the free take-back of small electrical equipment waste for end users, without any obligation to purchase equivalent electrical equipment. This waste electrical equipment can be received in the store or in its immediate vicinity.
In addition to these obligations, there are also obligations as a producer of electrical equipment, if you act as such within the meaning of Article 3, paragraph v) of the aforementioned Decree-Law, as explained in the FAQ "Am I a producer of electrical equipment?".
By transferring your responsibility to ELECTRÃO, you ensure compliance with the requirements set out in Decree-Law 67/2014 on the management of waste electrical equipment. Electrão can support you in fulfilling your legal obligations under Extended Producer Responsibility.
Eco-fees are the financial contributions, which vary according to the category, that enable the Integrated Waste Management System to operate.
In practice, they are the financial compensation charged by management organisations for taking responsibility on behalf of producers for the management of waste electrical equipment placed on the market.
These fees are determined according to the quantities placed on the national market, the characteristics and nature of the materials present in the waste, and the treatment operations it undergoes, and are borne by the producers.
The cost of joining Electrão's Waste Electrical Equipment Management System is directly related to the type and quantity of electrical equipment placed on the market, according to an eco-fee defined annually for each category. The eco-fee table can be viewed here, depending on the applicable Regime.
Between the 1st of January and the 31st of March of each year, you must submit to the APA (at SILiAmb SILIAMB.APAMBIENTE.PT) the annual statement of electrical equipment placed on the market during the previous year and the estimate for the current year.
Standard Membership Regime: Each quarter, between the 1st and 15th of the month following the reporting period, you must report to Electrão the electrical equipment placed on the national market during that period.
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