Products of concern & producer responsibility
What is producer responsibility?
Producer responsibility means that a business is responsible for the collection, treatment, and recovery of waste generated from the products of concern it has placed on the Estonian market. Producer responsibility does not apply solely to manufacturers. The obligation can also apply to an importer, a distance seller, or a company that sells products under its own name or trademark.
For a company, producer responsibility usually means that it must register in the Register of Products of Concern (PROTO), keep records of the products placed on the market, and arrange for the collection and treatment of the resulting waste either independently or through a producer responsibility organisation (PRO).
Important to know concerning this step
The producer (the company that first introduced the product to the Estonian market) is responsible for the product from the moment it is placed on the market until it becomes waste, and beyond – until that waste is no longer classified as waste. Therefore, a producer is not released from responsibility simply by collecting the waste generated from their products and handing it over to a waste management company; the producer must know what happens to that waste next. The costs of collecting and treating waste from products of concern should not be borne solely by the consumer, local government, or waste management company. Responsibility must also extend to the companies that place the product on the market or sell it.
No. Producer responsibility can include several activities, such as:
- Registering in the Register of Products of Concern (PROTO);
- Keeping records of the products placed on the market;
- Submitting reports to relevant parties;
- Organising the collection and treatment of waste;
- Bearing the associated costs;
- Informing consumers or users.
The exact obligations depend on the product group and how the company is involved with the products of concern.
The company itself is responsible for complying with the extended producer responsibility requirements applicable to it. Failure to register with the register of products of concern and non-compliance with other producer responsibility obligations constitute a violation of the Waste Act requirements, which may lead to supervisory or administrative proceedings and the imposition of penalty payments.
Contacts
Have you wondered whether your company’s product is classified as a problematic product?
Write to the Environment Agency or visit the Problematic Products Register website.