Sanctions for EEE, Batteries and Accumultors Importers

Sanctions for EEE Importers

Under Legislative Decree No. 49/14, the Producer who:

• shall not organize the separated collection system of the professional WEEE referred to in Article 13, and the systems of collection and transport, treatment and recovery of WEEE referred to in Articles 18 para 2, and Article 19 para 1, and shall not finance the relevant operations, in the cases and according to the conditions referred to in Articles 23 and 24, without prejudice, for the last such operations, the agreements likely to be concluded in accordance with Article 24 para 3, it shall be subject to an administrative fine ranging from € 30,000 and € 100,000;
• when placing an electrical or electronic equipment on the market, shall not constitute the financial guarantee under Article 25, it shall be subject to an administrative fine ranging from € 200 to € 1,000 per unit of equipment put on the market; it is confirmed the enforceability of the same conducts committed after July 10th , 2010;
• does not provide in the instructions for use of EEE, the information referred to in Article 26, is subject to an administrative fine ranging from € 2,000 to € 5,000;
• within a year of placing on the market of any kind of new EEE does not supply the treatment facilities with the information referred to in Article 27, is subject to an administrative fine ranging from € 5,000 to € 30,000;
• after the period referred to in Article 40, para 4, places on the market EEE lacking of the of trade mark referred to in Article 28, is subject to an administrative fine ranging from € 200 to € 1,000 per unit of equipment placed on the market;
• put on the market EEE without the symbol referred to in the Article 28, para 5, is subject to an administrative fine ranging from € 100 to € 500 per unit of equipment placed on the market; it is confirmed the enforceability of the same conducts committed after December 31st , 2010;
• without having registered with the Chamber of Commerce pursuant to Article 29, para 8, places on the market EEE, is subject to an administrative fine ranging from € 30,000 to € 100,000;
• within the period laid down in Article 29 para 2, does not sign up for the National Register, or does not communicate the information contained therein, or communicates them incomplete or inaccurate, is subject to an administrative fine ranging from € 2,000 to € 20,000.

Sanctions for Batteries and Accumulators Importers

Under Legislative Decree No. 188/08, the Producer who:

• put on the market batteries or accumulators without the symbol referred to in the Article 23, para 1 and 3, or put on the market, after the 26^th September 2009, portable and vehicle batteries or accumulators without the information about their power (Article 23, para 5) is subject to an administrative fine ranging from € 50 to € 1,000 per unit of batteries or accumulators placed on the market. The same administrative sanction is applicable if the symbol or the information don’t comply with the requirements established by the same para;
• without having registered with the Chamber of Commerce pursuant to Article 14, para 2, places on the market batteries and accumulators, is subject to an administrative fine ranging from € 30,000 to € 100,000;
• within the period laid down in Article 14, para 2, does not sign up for the National Register, or does not communicate the information contained therein, or communicates them incomplete or inaccurate, is subject to an administrative fine ranging from € 2,000 to € 20,000. The same sanction is applied to the producer who does not provide the information referred to in Article 15, paragraph 3, or supplies it in an incomplete or inaccurate manner.

Without prejudice to the exceptions referred to in Article 3, paragraph 3, anyone, after the entry into force of this decree, places on the market batteries and accumulators containing the substances referred to in Article 3, paragraph 1, is punished with the sanction administrative money from € 100 to € 2,000 for each battery or accumulator placed on the market.

The manufacturer of appliances in which batteries or accumulators are incorporated that does not provide the instructions referred to in article 9, paragraph 1, is punished with a pecuniary administrative sanction from € 2,000 to € 5,000.