Since the issuance of RD 208 2005 on electrical and electronic equipment and its waste management, 11 integrated management systems have been put into operation. Following the publication of Directive 110 2015 of the European Parliament and of the Council of 4 July 2012 on waste electrical and electronic equipment, the conditions of operation of these systems and their obligations have been modified as follows:
WEEE Collective System ObligationsIn accordance with the transitional provisions of Article 6 of Legislative Decree 110 2015, the system must be adapted to the new regulatory regime, and therefore all existing systems require the Autonomous Communities where their headquarters are located to adapt to their requirements. In their application, they must demonstrate that they have initiated the operational change process under the new conditions. Pursuant to Article 40 of Legislative Decree No. 110 2015:
The collective system will be established and authorized in accordance with the provisions of Law 22 2011 of July 28, with the sole purpose of fulfilling the extended responsibility obligations of producers.
Requests for authorization submitted and authorizations granted by collective systems will have the content set out in Annex XVII. The request for authorization will be made in accordance with Article 32 of Law No. 22 2011 of July 283. The Waste Coordination Committee will assess the content of the request and the suitability of the operation of the collective system to comply with the extended liability obligations.
Transparency and objectivity will be analysed, among other things, in the form of the inclusion of producers in the system, which in any case will guarantee non-discriminatory in the inclusion of operators, an internal decision-making process based on objective criteria, contracts for the duration of inclusion in the system and information exchange mechanisms between members of the collective system and between the collective system and other waste management operators. Similarly, the relationship between the system and other waste operators and the application of objective, transparent and non-discriminatory conditions in agreements between collective systems will be analysed. In addition, it will be assessed whether there is a conflict of interest between the members of the system or the members of the agency with decision-making capacity and other operators, in particular with the waste managers they must employ.
Depending on the characteristics of each region, the competent authority may include in the conditions of authorization conditions that guarantee compliance with the objectives and obligations of WEEE manufacturers throughout the state. Similarly, provisions for the implementation of collection networks in certain areas or in certain classes and subclasses of electrical and electronic equipment may be included, depending on the specific characteristics or hazards of the classes and subcategories in question.
The authorization is valid for four years, after which it will be reviewed and the procedures set forth herein will be restarted. During each annual Xi and during the validity of the authorization, the Autonomous Community will monitor compliance with the conditions of the authorization in its territory.
If applicable, the Autonomous Communities will grant authorization and determine the conditions for its exercise in accordance with the provisions of Annex XVII. Failure to comply with these conditions may result in the application of the provisions of Article 59. Once registered in the Waste Production and Management Registry, the collective system can begin its activities.
The collective system will establish its internal operating rules to ensure the participation of producers in decision-making, especially with regard to the categories and sub-categories of devices that affect the producers to place on the market. All members of the collective system have the right to receive information obtained as a result of compliance with the provisions of this Decree, to make comments and complaints, and to take this information into account and to take into account this information in the operation of the system, in particular in relation to the categories and subclasses of equipment placed on the market by the manufacturer.
In the event of the termination of the activities of the collective system, the collective system must give three months' notice to all the producers that make up the system, in order to guarantee compliance with the obligations of the producers and the administrative bodies that grant them rights. his authorization so that he can revoke that authorization. Producers may establish or incorporate another extended liability system in accordance with the provisions of this Decree.
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