Can I, as a foreign manufacturer, take over my distributor's declaration obligation?
How to perform producer responsibility in the distribution of electrical and/or electronic equipment of a foreign manufacturer. Manufacturers and/or importers (the Producers) of electrical and electronic equipment (the Equipment) have producer responsibility for the Equipment they place on the Dutch market. This responsibility applies to the Equipment covered by the scope of the Waste from Electrical and Electronic Equipment Regulation (WEEE Regulation). A Producer performs producer responsibility by joining the OPEN Foundation. Pursuant to the WEEE Regulation, the Producer is the party who puts equipment on the Dutch market for the first time. In the Netherlands, this producer responsibility also applies to importers who purchase equipment from a foreign manufacturer and then distribute this equipment for use on the Dutch market. The foreign manufacturer does not have the option of adopting manufacturer's responsibility for its equipment from the distributor. This is evident from an extensive statement of considerations on this subject from the Ministry of Infrastructure and Water Management (the Foreign Manufacturer Considerations). The 'Foreign Manufacturer Considerations' is at odds with how many European Member States deal with the compulsory declaration of equipment by foreign producers and distributors. In various Member States, foreign producers can declare the equipment supplied to distributors, and consequently relieve the distributors. In the Netherlands, before the universally binding declaration of the waste-management fee agreement of the OPEN Foundation (AVV EEA) came into effect, this was also (largely unconsciously) common practice with various producer collectives. It would be unmanageable for the foreign producers who used to declare equipment in the Netherlands in this way, if they had to revise and change their administration from 1 March 2021. With respect to this, the OPEN Foundation has decided, based on its central directive role, to continue the current practice in this transition year in which the performance of producer responsibility has changed drastically for Producers. This means that foreign producers can make a declaration for 2021 with regard to their distributors. In order to avoid duplications, the OPEN Foundation asks foreign producers for additional information on their distributors. Foreign producers must moreover provide their distributors with accurate information. The OPEN Foundation has asked the Ministry of Infrastructure and Water Management to also apply the current practice in 2022. The OPEN Foundation aims to link up with European practice and to change the 'Foreign Manufacturer Considerations' to be in line with common practice. A change to the 'Foreign Manufacturer Considerations' moreover contributes to further harmonisation of producer responsibility within Europe. This will make it easier for producers, who are engaged in the markets of various Member States, to perform their producer responsibility. Producers, importers or distributors can register here. If you wish to register as a foreign producer and submit a declaration on behalf of a distributor, please contact the distributor first in order to avoid duplicate registrations as much as possible. If you have questions about the producer responsibility distributor please contact us.