The new Act contains among others a revised scope, increased collection targets, re-use, distributors take-back obligations and appointment of Authorized Representatives.
Some important changes to Polish WEEE implementation:
- Poland eliminated the possibility for producers to transfer the take-back obligation to a compliance scheme. However, compliance schemes still continue to meet the obligation under contract with the producer.
- Poland introduces a separate definition of ‘introducer’ and producer of EEE. The ‘introducer’ must be based in Poland, bears responsibility for all obligations and must contract a WEEE treatment facility. The ‘producer’ may be established outside Poland and may, in the case of taking over the producer responsibility of an importer/distributor or must, in the case of direct sales to Polish end-users, comply through an Authorized Representative (AR) who fulfils the ‘introducer’ obligations in Poland. The AR may be a natural or legal person. A compliance scheme can also act as an AR.
- In Poland, the compliance schemes may have a for-profit purpose, but they must accept producers and introducers or their representative organizations.
- Only these parties may be shareholders of a compliance scheme. Compliance schemes, like treatment operators, must undergo an annual external audit. Other requirements for compliance schemes, such as paid-in capital, information on spending, remain essentially as in current law. There is still no approval or licensing requirements.
- In Poland it is only permitted to distributors, treatment facilities and municipal WEEE collection points to collect incomplete WEEE and parts. This provision should ensure that WEEE is not stripped of valuable components.
If you have any questions about Poland's new WEEE Act or regarding the WEEE recast, please contact us. We will gladly assist you with this. Call our office +31(0)314-695200 or send an email to firstname.lastname@example.org