EPR - who counts as a producer of EEE
Are you wondering if you have obligations under Spanish Extended Producer Responsibility (EPR) regulation? EFF has recently opened a hub in Barcelona with EPR specialists ready to offer a personalized consultation on your requirements and guide your team through the process.
The regulation on EPR has been strengthening in Europe and Spain in order to make the producer responsible for the entire life span of their products. One of the major industries under scrutiny is that of Electrical and Electronic Equipment (EEE).
The amount of EEE produced worldwide has been rising with digitalization in previous years and particularly recently with the rise of artificial intelligence. Consequently, the Waste of Electronical and Electronic Equipment (WEEE) generated has been increasing exponentially every year in the world and it is estimated that the amount will continue to increase and double by 2050.
Therefore, EPR regulation plays a fundamental role in this sector since it confers several obligations to those considered producers regardless of whether they are natural or legal persons.
For companies established in Spain, the criteria to be considered as a producer of EEE in Spain is the following:
Designing or manufacturing EEE and marketing them under the firm’s own name/brand in the Spanish market
Reselling under its own name/brand or its own EEE-specific brand products manufactured by third parties, without being considered as a “producer” because the producer’s brand appears on the device (see Paragraph 1)
Being professionally dedicated to the introduction of EEE from third countries or another EU member state into the Spanish market
Additionally, entities which are established in another country or member state and which sell EEE via remote communication directly to private individuals or professional users in Spain are considered producers of EEE under the Royal Decree 110/2015 about WEEE.
An EEE producer that manufactures in Spain and exports all their inventory, without selling any device in the Spanish market won’t be considered a producer in Spain for EPR terms, but it will be a producer in the countries in the EU where it sells its products.
Finally, it’s important to remark that whoever acquires EEE in a Member State or another country and brings it to Spain privately for their use and enjoyment or to give it to a third party won’t be considered a producer of EEE.
It is important to distinguish who must comply with the EPR legislation because they are considered a producer of a product. Under the scope of EPR, not only the manufacturer is the producer but also other actors in the chain, for instance, distributors, importers, among others.
The different types of actors covered under the legislation that are considered as producers are the following:
Manufacturers in Spain, unless the manufacturing is done for third parties using the branding of another company, in which case that other company would be considered the producer.
White label, own brand, or distribution brand sellers producing devices under their own name (or hiring someone else to), be it in Spain or in another country and then imported to Spain.
Importers bringing products from other Member States or third countries to sell in Spain.
Distributors who import any of the EEE that they sell are deemed producers. However, if all the devices sold have been acquired from manufacturers or importers already considered producers in Spain (see above), then the distributor is not considered as another producer.
Remote sellers who are established outside of Spain and who sell EEE via remote communication channels directly to private individuals or professional parties are considered producers. Note: Remote sellers established in Spain can also fall under other categories within this list and would thus be considered a producer as well (e.g., if they import EEE and sell on the internet, they are also importers).
Do you fit into any of the EEE producer categories in this article? Reach out to our Sustainability Expert, Marie Gomersall!
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Author: Diego Perdomo, Environmental Compliance Expert at EFF