Meeting collection targets is a key obligation, and not just for producers´ responsibility organisation
Meeting collection targets is a key obligation, and not just for producers´ responsibility organisation (next only “PRO”). Although producers can delegate most of the obligations required by law to a PRO, the key obligation – to demonstrate the fulfilment collection targets and limits – not. The producer is fully responsible. Read more.
SEWA, a.s. obtained authorisation this June to operate as a PRO for all three commodities – electrical and electronic equipment, batteries and accumulators, packaging and non-packaging products. Other organisations also obtained this authorisation, and they were required to demonstrate compliance with the lawful conditions within 3 months of the effective date of the authorisation. Environmental Minister László Sólymos has said it is likely that “some producer responsibility organisations will be deprived of this possibility.” What impact could this situation have on the producers themselves?
In September, the Environmental Ministry began verifying all producer responsibility organisations (PRO, formerly known as ‘collective organisations’) in accordance with applicable legislation to determine their compliance with the lawful conditions. A key obligation of a PRO is to ensure a collection network that is large enough to guarantee fulfilment of the designated obligations for the collection share of all the producers it represents. Simply put, any PRO that does not satisfy the conditions and is unable to fulfil the obligations of the producers may no longer exist next month. The Ministry’s inspection is focussed on compliance with all the legislative conditions. The spokeswoman for the Ministry said that in the event of non-compliance, “the Ministry may cancel the authorisation to operate as a PRO,” (read the entire statement of the Slovak Environmental Ministry here). This means that some of the PROs may lose their authorisation before the year is out.
Meeting collection targets is a key obligation, and not just for producers´ responsibility organisation (next only “PRO”). Although producers can delegate most of the obligations required by law to a PRO, the key obligation – to demonstrate the fulfilment collection targets and limits – not. The producer is fully responsible.
If a PRO has committed to collecting quantities of waste on your behalf and then fails to do so, you are liable. That is why it is so important that your PRO is a responsible partner and that you can rest assured they will be able to demonstrate the required quantities and authorisation not just today, but a month from now as well.
SEWA has been serving clients for twelve years. We are also a market leader in terms of the inclusiveness of our services. Apart from ensuring recovery and recycling compliance on behalf of our members and the associated record-keeping, reporting and other duties, we now also offer services as an authorised representative for foreign entities. We also organise promotional and educational activities for our members, although under the new legislation producers should organise these activities on their own. What’s more, as a member of the European Recycling Platform we offer Slovak companies collective waste management in another 18 countries.
By obtaining authorisation, we not only affirmed our past and present professionalism but also our commitment for the future. Although our extensive collection network primarily involves corporations, we are continually looking for new opportunities to expand the network. Every year, we actively reach out to schools, hospitals, firms and institutions, and municipalities offering to collect disused electrical and electronic equipment and used batteries.
In 2016, 50 new members joined us – that is nearly 10% of the entire member base. One of the reasons for this large year-on-year increase in membership is the broad range of obligations that only an established and reliable partner can help the producers and sellers of electrical and electronic equipment comply with. We will continue to be a partner trusted by more than 520 producers and importers of electrical and electronic equipment, making us the largest producer responsibility organisation for this commodity in the Slovak Republic.
