PENALTIES
Upon EEE Producers
Penalties set by Legislative Decree 151/2005 are extremely severe.
Inspections may be carried out by Guardia di Finanza and by the Vigilance and Control Committee of the Ministry of the Environment, with the participation of all interested parties (consumers associations, local governments, Regional Agency for Environmental Protection ARPA and the collective schemes themselves which can notify illegal activities to the authorities)
- from 30.000 to 100.000 if the producer fails to enroll to the National Register of EEE Producers;
- from 30.000 to 100.000 if producer fails to organize the WEEE collection scheme;
- from 2.000 to 20.000 if the producer fails to communicate the amount of EEE placed on the market;
- from 200 to 5.000 if the producer fails to provide users with information on correct WEEE management and collection;
- from 200 to 1.000 for each appliance placed on the market without the symbol of the recycle bin;
- from 200 to 1.000 for each appliance placed on the market for which the producer fails to provide financial guarantee or, in case of WEEE from private households, fails to finance the WEEE system through its collective scheme
Upon EEE Distributors (shops, points of sale, etc.)
Distributors who fail to collect free of charge WEEE returned by final users are punishable with an administrative penalty from 150 to 400 for each appliance not collected or not collected free of charge. (This obligation is actually suspended. A ministerial decree is expected which will establish simplified modalities to apply it).
Upon Batteries and Accumulators Producers
Article 26 of Legislative Decree 188/2008 establishes the following penalties:
- From 50 to 1.000 for each portable or automotive batteries and accumulators put on the market after 26/09/2009 without the symbol of recycle bin. The same penalty is applicable if the symbol is not compliant with the requirements set in article 23.
- from 30.000 to 100.000 upon producer who fails to enroll to the National Register of Batteries and Accumulators Producers before placing on the market batteries and accumulators.
- from 2.000 to 20.000 for lacking, incomplete, incorrect yearly communication on the amount of batteries and accumulators placed on the market before 31st of March.
- from 100 to 2.000 for each batteries and accumulators put on the market from 18/12/2008 containing substances forbidden in article 3, paragraph 1.
- from 2.000 to 5.000 if the producer fails to provide information on how to safely remove batteries and accumulators contained in appliances and concerning the type of batteries and accumulators.
Upon Batteries and Accumulators Distributors:
Distributors who fail to collect batteries and accumulators free of charge are punishable with the administrative penalty from 30 to 150 for each batteries and accumulators not collected or not collected free of charge.
