Fulfilling the obligation
Fulfilling obligations independently or through a PRO
When a company becomes subject to a producer responsibility obligation related to products of concern, these obligations must be fulfilled either independently or, if available for that specific product category, through a producer responsibility organisation (PRO/TVO). If a company fulfills its obligations independently, it must arrange all necessary activities itself: registering in PROTO, submitting data on the quantities of products placed on the market and resulting waste to PROTO, and concluding a contract with a waste management company to handle waste management and meet recovery targets. The company must also arrange for user awareness initiatives, including nationwide awareness campaigns.
If a company joins a PRO (transfers its obligations to a PRO), the PRO becomes responsible for meeting the recovery targets. The PRO also organises nationwide public awareness campaigns. Fulfilling obligations through a PRO does not mean that the company no longer needs to monitor its operations. The company must still know which products of concern it places on the Estonian market and provide accurate data to the PRO.
Important to know concerning this step
For certain products of concern, the obligation must be fulfilled through a PRO. In such cases, the company concludes a contract with a PRO, and the PRO submits the PROTO registration application and reports on behalf of the company. Currently, this applies to:
- Tyres;
- Portable batteries and accumulators, light means of transport batteries, electric vehicle batteries, and industrial batteries and accumulators;
- Household electrical and electronic equipment.
Even when joining PRO, certain obligations may remain with the company, such as the obligation to provide consumers at the point of sale (including e-shops) with information regarding the return locations for waste generated from the respective products of concern, or, in the case of certain product types, the possibility to return waste to the point of sale. If you are unsure which solution applies to your company, check the relevant category of products of concern or consult a PRO or the Estonian Environment Agency. You can find an appropriate PRO based on your product category in the references section.
Joining a PRO can be an appropriate solution for a business that does not wish to or cannot manage all the practical activities related to producer responsibility independently. Based on an agreement, a PRO can assist with, for example:
- Procedures related to PROTO;
- Preparing or submitting reports;
- Organising the collection of waste from products of concern;
- Waste treatment and directing it to recovery;
- Monitoring requirements and deadlines.
The exact division of tasks depends on the product group and the business's contract with the PRO. While the PRO can fulfill its agreed obligations, certain products, data requirements, or procedures may still remain the responsibility of the company itself.
Before joining a PRO, you must verify whether an appropriate producer responsibility organisation operates for that specific category of products of concern and whether it covers the specific products placed on the market by the company.
PROs and corresponding product categories:
- Eesti Elektroonikaromu OÜ (electrical and electronic equipment; batteries and accumulators)
- Mittetulundusühing Eesti Elektri- ja Elektroonikaseadmete Ringlus (electrical and electronic equipment; batteries and accumulators)
- Mittetulundusühing REHVIRINGLUS (tyres)
- Estonian Tire Recycling MTÜ (tyres)
If there is no appropriate PRO or if the PRO does not cover the company's specific operations, the company must fulfill the corresponding obligations independently.
If a company does not join a PRO or if there is no corresponding PRO on the market, it must arrange the fulfillment of producer responsibility obligations itself. This means, among other things, that the company must:
- Determine which of its products are classified as products of concern;
- Register itself in the Register of Products of Concern (PROTO);
- Keep records of the products of concern placed on the Estonian market;
- Submit the required reports to PROTO;
- Organise the collection and treatment of waste from products of concern;
- Arrange for consumer awareness initiatives;
- Prove that the obligations have been met.
Independent fulfillment requires the company to have a functioning system and a comprehensive overview of all related data.
The Register of Products of Concern, or PROTO, is a state information system that compiles data on producers of products of concern, products of concern placed on the Estonian market, and the recovery and disposal of the resulting waste. Before performing any procedures related to PROTO, a company needs to clarify:
- Whether obligations will be fulfilled independently or through a PRO;
- Who will perform the procedures related to PROTO;
- Which categories of products of concern must be reported;
- What data needs to be submitted;
- Who within the company collects and transmits the data;
- Whether the necessary authorisations and access rights are in place;
- Whether PROTO-related procedures are covered in the contract when joining a PRO.
References
Contacts
Do you have a question about products of concern that you couldn't find an answer to?
Contact the Estonian Environment Agency or visit the Problem Products Register website.