Companies are subject to obligations under extended producer responsibility (EPR) law to register as producers with the competent authorities in the target countries to which they sell and to report the products placed on the market. But what are the consequences of failing to fulfil these obligations? Recent cases from France, Spain and the Netherlands show that a failure to report quantities or a lack of registration might be detected and can have unpleasant consequences.
Lack of registration leads to warnings
Some French take-back schemes are contacting producers who are not registered for all the waste streams subject to extended producer responsibility that apply to them. They aim to inform them of the outstanding registrations. Anyone receiving such a letter must respond within a set period of 20 days in order to avoid further enforcement measures.
Companies in the Netherlands that are not registered might be identified, too. The competent Dutch supervisory authority for the human environment and transport is contacting companies that are not listed as producers in the national register, to inform them of their obligation to register. They point out that a fine and criminal proceedings are imminent.
Lack of registration or quantity reporting leads to import ban
In January 2023 (Electrical appliances and battery import control in Spain) we already pointed out this new legal regulation, which is now also being strictly enforced by the enforcement authorities. If a registration is not available or a quantity report has not been submitted, this may come to the attention of Spanish customs during an inspection and the goods may have to remain at customs until final countermeasures have been taken. It becomes particularly tricky if the reports relate to a past period that cannot be retroactively declared.
These cases, some of which even make specific reference to possible fines, show that the authorities and take-back systems are able to track down companies that either do not report their put on market volumes correctly or are not registered at all, and that this can have significant consequences for these companies.
If you need assistance with registration in your target countries, please do not hesitate to contact us.
The take-e-way consulting team will be happy to answer your questions on +49/40/750687-0 or consulting@take-e-way.de.
