Trader
“Trader” in accordance with Article 7 point 15 of the Law on the Management of Electrical and Electronic Equipment and Waste Electrical and Electronic Equipment (Official Gazette of RSM No. 176/21) is a legal or physical person who in the supply chain makes the equipment available to the market. A trader can be a producer at the same time.
Legal obligations of the Trader
- The trader is obliged, when selling equipment to the end user, to take back the waste equipment free of charge, if he wants to return it, and the function of the waste equipment is the same as the one sold, and the number of pieces of the waste equipment is equal to the number of pieces of the equipment sold (one-to-one system);
- If the trader carries out domestic delivery of equipment, he is obliged to offer the end user free collection of waste equipment from households from the place of delivery, at least for the same number of pieces of equipment with the same classification and function, if he wants to hand it over;
- The trader who has a retail store with an area of more than 400 m2 is obliged to provide space (in the building of the sales area or in its immediate vicinity) for free collection of waste equipment from households with a size whose outer circumference is up to 25 cm and without obligation to purchase of similar equipment from the end user. The space must be accessible to the public and marked in a way that allows clearly visible signs of its location to be displayed in a prominent place;
- The trader in his sales area, as well as on his website, internet, printed marketing materials for sale, is obliged to highlight information for the end user about the possibility of returning the waste equipment from households, as well as about his obligation to take it;
- The trader is obliged to hand over the collected waste equipment from households free of charge, to a collector or to an installation for the processing of waste equipment that is part of a system of a collective or independent operator with identification and transportation forms in accordance with the waste management regulations;
- The trader does not need to have a permit for the return points or for the collected waste equipment from households in his business premises, in accordance with the waste management regulations;
- The trader, independently or in agreement with the manufacturer, can take measures to encourage end users to return waste equipment in order to increase participation in the collection of waste equipment, facilitate the process for reuse and processing by offering discounts when buying new products or other incentive measures;
- The trader may refuse to accept household waste equipment from the end user if: the waste equipment does not contain the basic components, the equipment contains a type of waste other than waste equipment or the waste equipment is so damaged or contaminated that due to the hazardous substances it contains, endangers the environment and human health;
- If the trader refuses to receive the waste equipment for reasons previously stated, he is obliged to notify the end user of a collection center, collection point or waste equipment processing facility where the end user can hand over the waste equipment;
- The trader is obliged to keep records of the amount of waste equipment taken, collected and handed over from households, according to the type and category of waste on a special form;
- The records kept by the trader must be located in the business premises, in which trade is carried out and at any time be available to the competent inspection authorities;
- The trader, from the manufacturer from which he procures the equipment, is obliged to provide a written confirmation that he is part of an independent or collective operator for the management of waste equipment, that is, a confirmation that the manufacturer has paid the fee to the independent or collective operator.
“Trader” in accordance with Article 7 point 15 of the Law on the Management of Electrical and Electronic Equipment and Waste Electrical and Electronic Equipment (Official Gazette of RSM No. 176/21) is a legal or physical person who in the supply chain makes the equipment available to the market. A trader can be a producer at the same time.
Legal obligations of the Trader
- The trader is obliged, when selling equipment to the end user, to take back the waste equipment free of charge, if he wants to return it, and the function of the waste equipment is the same as the one sold, and the number of pieces of the waste equipment is equal to the number of pieces of the equipment sold (one-to-one system);
- If the trader carries out domestic delivery of equipment, he is obliged to offer the end user free collection of waste equipment from households from the place of delivery, at least for the same number of pieces of equipment with the same classification and function, if he wants to hand it over;
- The trader who has a retail store with an area of more than 400 m2 is obliged to provide space (in the building of the sales area or in its immediate vicinity) for free collection of waste equipment from households with a size whose outer circumference is up to 25 cm and without obligation to purchase of similar equipment from the end user. The space must be accessible to the public and marked in a way that allows clearly visible signs of its location to be displayed in a prominent place;
- The trader in his sales area, as well as on his website, internet, printed marketing materials for sale, is obliged to highlight information for the end user about the possibility of returning the waste equipment from households, as well as about his obligation to take it;
- The trader is obliged to hand over the collected waste equipment from households free of charge, to a collector or to an installation for the processing of waste equipment that is part of a system of a collective or independent operator with identification and transportation forms in accordance with the waste management regulations;
- The trader does not need to have a permit for the return points or for the collected waste equipment from households in his business premises, in accordance with the waste management regulations;
- The trader, independently or in agreement with the manufacturer, can take measures to encourage end users to return waste equipment in order to increase participation in the collection of waste equipment, facilitate the process for reuse and processing by offering discounts when buying new products or other incentive measures;
- The trader may refuse to accept household waste equipment from the end user if: the waste equipment does not contain the basic components, the equipment contains a type of waste other than waste equipment or the waste equipment is so damaged or contaminated that due to the hazardous substances it contains, endangers the environment and human health;
- If the trader refuses to receive the waste equipment for reasons previously stated, he is obliged to notify the end user of a collection center, collection point or waste equipment processing facility where the end user can hand over the waste equipment;
- The trader is obliged to keep records of the amount of waste equipment taken, collected and handed over from households, according to the type and category of waste on a special form;
- The records kept by the trader must be located in the business premises, in which trade is carried out and at any time be available to the competent inspection authorities;
- The trader, from the manufacturer from which he procures the equipment, is obliged to provide a written confirmation that he is part of an independent or collective operator for the management of waste equipment, that is, a confirmation that the manufacturer has paid the fee to the independent or collective operator.
