Article 2 SCOPE OF APPLICATION
The provisions of this Legislative Decree will apply:
a) to the electrical and electronic equipment coming within the categories listed in Annex I and listed by way of example in Annex II, from the date when this Legislative Decree enters into force up to 14 August 2018;
b) to all electrical and electronic equipment as classified in the categories of Annex III and listed by way of example in Annex IV from 15 August 2018.
Article 4 PRODUCER DEFINITION
1.g) “Producer” means any natural or legal person who, irrespective of the selling technique used, including distance communication within the meaning of Section II, Head I, Title III of Legislative Decree no. 206 of 6 September 2005 on the protection of consumers in respect of distance contracts:
1) is established in Italian territory and manufactures EEE under his own name or trademark, or has EEE designed or manufactured and markets it in Italian territory under his own name or trademark;
2) is established in Italian territory and resells within such territory, under his own name or trademark, equipment produced by other suppliers, a reseller not being regarded as the “producer” if the brand of the producer appears on the equipment, as provided for in point 1);
3) is established in Italy and places on the Italian market, on a professional basis, EEE from a third country or from another Member State of the European Union; or
4) sells EEE by means of distance communication directly to private households or to users other than private households in Italy, and is established in another Member State of the European Union or in a third country
Article 8 Obligations of EEE producer
1. Producers will be required to achieve the minimum recovery and recycling targets set out in Annex V.
2. Producers will be required to fulfil their obligations deriving from the provisions of this Legislative Decree by means of individual or collective management systems operating in a uniform manner throughout Italian territory.
3. EEE producers will determine the amount of the contribution necessary to fulfil their obligations of collection, treatment, recovery and disposal imposed by this Legislative Decree in the reference calendar year through one of the management systems described in paragraph 2, communicating the same to the Ministry of the Environment and the Protection of Land and Sea. Such determination must not exceed the best estimate of the costs actually incurred. At the moment of placing EEE on the Italian market, the producer may apply the above contribution to its sale price, indicating it separately in its sales invoices to distributors. The presence of the contribution may be made known in the indication of the product price to the end user
Article 30 Authorised Representative
1. A producer with its Registered Office in another Member State of the European Union may, in derogation to Article 4, paragraph 1(g), points 1) to 3), appoint an authorised representative under a written mandate, to be a legal person established in Italian territory or a natural person acting in the capacity of an Authorised Representative of a company established in Italian territory, being responsible for the performance of the obligations on the producer pursuant to this Legislative Decree.
ANNEX I
Categories of EEE covered by this Decree during the period provided for in Article 2(1)(a). Until 14th August 2018
1. Large household appliances
2. Small household appliances
3. IT and telecommunications equipment
4. Consumer equipment and photovoltaic panels
5. Lighting equipment
6. Electrical and electronic tools (with the exception of large-scale stationary industrial tools)
7. Toys, leisure and sports equipment
8. Medical devices (with the exception of all implants and infected products)
9. Monitoring and control instruments
10. Automatic dispensers
ANNEX II
LIST OF EXAMPLES OF EEE FALLING WITHIN THE CATEGORY OF ANNEX I
5. LIGHTING EQUIPMENT
5.1. Luminaires for fluorescent lamps with the exception of luminaires in households
5.2. Straight fluorescent lamps
5.3. Compact fluorescent lamps
5.4. High intensity discharge lamps, including pressure sodium lamps and metal halide lamps
5.5. Low pressure sodium lamps
5.6. Other lighting or equipment for the purpose of spreading or controlling light with the exception of filament bulbs
ANNEX III
CATEGORIES OF EEE COVERED BY THIS DECREE OVER THE PERIOD INDICATED IN ARTICLE 2, PARAGRAPH 1(B). From the 15th August 2018
3. Lamno ps
4. Large equipment (any external dimension more than 50 cm) including, but not limited to: luminaires;
5. Small equipment (no external dimension more than 50 cm) including, but not limited to: luminaires;
ANNEX IV
NON-EXHAUSTIVE LIST OF EEE WHICH FALLS WITHIN THE CATEGORIES LISTED IN ANNEX III
3. Lamps
3.1. Straight fluorescent lamps,
3.2. Compact fluorescent lamps,
3.3. Fluorescent lamps,
3.5. LEDs.
3.4. High intensity discharge lamps – including pressure sodium lamps and metal halide lamps, Low pressure sodium lamps,
4. Large equipment
4.5 Luminaires
5. Small equipment
5.4 Luminaires
