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LEGAL OBLIGATIONS OF A TRADER
"Trader" in accordance with Article 7 point 15 of the Law on Management of Electrical and Electronic Equipment and Waste Electrical and Electronic Equipment ("Official Journal of RNM" No. 176/21) is a legal or natural person who in the supply chain makes the equipment available on the market. A trader can be a producer at the same time.
• 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 from 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 household waste equipment 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 a space (in the building of the sales area itself 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 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 and printed marketing material for sale, is obliged to highlight information for the end user about the possibility of returning 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 processing of waste equipment that is part of a system of a collective scheme or independent operator with identification and transport forms in accordance with the waste management regulations;
• The trader should not have a permit for the return reception 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 producer, 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 on the purchase of new products or other incentives measures;
• The trader may refuse to accept waste electrical and electronic 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 accept the waste equipment for the previously stated reasons, he is obliged to inform the end user of a collection center, collection point or waste equipment processing installation 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 kept 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 producer from which he procures the equipment, is obliged to provide a written confirmation that he is part of an independent or collective scheme for management of waste electric and electronic equipment, which is, a confirmation that the producer has paid the fee for management of the waste.
