Producer of Electrical and Electronic Equipment:
According to the Legislative Decree 49/2014 for Producer of Electrical and Electronic Equipment (EEE) is meant:
«any natural or legal person who, irrespective of the selling technique used, including distance communication, within the meaning of the Section II, of the Chapter I, of Title III of the Legislative decree September 6th, 2005 no. 206, for the protection of consumers in respect of distance selling contracts:
- is established in Italy and manufactures EEE under his own name or trademark, or has EEE designed or manufactured, and markets it under his name or trademark within the Italy;
- is established in Italy and resells within the national market, under his own name or trademark, equipment produced by other suppliers; the reseller is not regarded as ‘producer’ if the brand of the producer appears on the equipment, as provided for under 1);
- is established in Italy and places on the national market, on a professional basis, EEE from a third country or from another Member State of the E.U.;
- is established in another Member State of the E.U or in a third country and sells EEE on the Italian market by means of distance communication directly to private households or to users other than private households».
Placing on the market and making available on the market:
According to the Art. 4, paragraph 1, lett . r), of Legislative Decree . 49/2014 for ‘placing on the market’ is meant “the first making available of a product on the national market on a professional basis” and for ‘making available on the market’ is meant “any supply of a product for distribution, consumption or use on the national market in the course of a commercial activity, whether in return for payment or free of charge” (Art. 4, paragraph 1, lett . q).
Any natural or legal person listed in the Companies’ Register under Law of December 29th, 1993, no. 580 and following adaptations, who, operating in the supply chain, makes an EEE available on the Italian market. This definition does not prevent a distributor from being, at the same time, a producer.
Any natural or legal person as defined under letter h), delivering an EEE to the final customer.
Producer of Batteries and Accumulators:
According to the Legislative decree 188/2008 for Producer of Batteries and Accumulators is meant:
«any person in a Member State that, irrespective of the selling technique used, including by means of distance communication as defined in Directive 97/7/EC of the European Parliament and of the Council of 20 May 1997 on the protection of consumers in respect of distance contracts, places batteries or accumulators, including those incorporated into appliances or vehicles, on the market for the first time within the territory of that Member State on a professional basis. The following subjects are therefore producers:
- Companies that manufacture batteries and accumulators and that trade them within the national territory;
- Companies that import (for subsequent resale and/or marketing) batteries and accumulators from abroad (or EEE or other equipment or vehicles containing them) from both EU and non-EU Member States;
- Companies based in a foreign state (both EU member and non-EU member) that export batteries and accumulators (or EEE or other equipment or vehicles that contain them) to end users (both private individuals and companies) to Italy».
Placing on the market:
For ‘placing on the market’ is meant supplying or making available, whether in return for payment or free of charge, to a third party within the Community and includes import into the customs territory of the Community».