This circular provides a basic introduction to the legal regulation of the so-called take-back of electrical equipment under the Waste Act, including certain related issues. The obligations arising from this regulation may be divided into two basic groups, depending on whether the trader is merely a so-called last seller or whether it also has the status of a so-called producer. An internet shop operator may simultaneously have the status of both last seller and producer.

1) Last seller and its obligations

By last seller, the Waste Act means a legal or natural person authorised to conduct business who, regardless of the method of sale, including the use of means of distance communication (i.e. including e-shops), supplies electrical equipment to the end user in the course of its business activities (this need not always necessarily concern only consumers). If the trader in its activities offers exclusively electrical equipment manufactured in the Czech Republic or already imported by a third person, it will thus be such last seller, and will have in particular the two basic obligations set out below, namely:

a) Take-back obligation

The last seller must ensure that the end user has the possibility, when purchasing electrical equipment, to hand over free of charge for take-back used electrical equipment at the place of sale (e.g. brick-and-mortar shop or collection point) or delivery (e.g. customer’s delivery address) of new electrical equipment, in the same number of pieces of electrical equipment sold of a similar type and use (so-called piece for piece). The last seller may not in any way restrict the right of the end user to hand over electrical equipment to it and must be prepared to take over old electrical equipment both at the place of sale (in its shop or collection point) and at the place of delivery at the customer’s address. If, in addition, the size of the sales area (i.e. for example the area of the collection point, showroom, etc.) of the trader is at least 400 m², it additionally has an obligation throughout its operating hours to take over free of charge all used electrical equipment at the place of sale or in its immediate vicinity. In this case, therefore, there is no obligation to take over old goods at the place of delivery.

b) Information obligation

The last seller is obliged when selling to inform the end user of the method of ensuring take-back of old electrical equipment. The information may be stated, for example, in the terms and conditions or possibly also on the website of the internet shop. Part of the information provided should also include instruction that electrical equipment must not be disposed of together with mixed waste, but must be deposited at places designated for that purpose, i.e. at collection yards or places of their take-back. If the e-shop operator were a member of a collective system (see below), information should also be provided about this collective system, including an indication of collection points (e.g. in the form of a link to the website of the relevant collective system).

In the event that the trader does not duly fulfil the information obligation, it is obliged to take back electrical equipment directly at its establishment, without entitlement to payment from the end user, throughout operating hours, without relation to goods sold (thus not only piece for piece).

2) Producer and its obligations

By producer, the Waste Act means, inter alia, also a legal person or natural person authorised to conduct business who in the Czech Republic, regardless of the method of sale, including the use of means of distance communication (i.e. including e-shops), in the course of its business activities places on the market electrical equipment acquired from another state. This means as the first (for payment or free of charge) transfers the product to another person in the Czech Republic (this need not concern only consumers). From the perspective of this regulation, the producer is therefore also a person who has imported the product from abroad (including EU countries).

The producer has, in addition to the obligations established for the last seller, also the following obligations:

• to establish at least one take-back point in every municipality, municipal district or municipal part with a population of more than 2,000 inhabitants,

• to conclude a contract on the use of the system for collection and sorting of municipal waste established by the municipality with every municipality that expresses interest in its conclusion, or

• to establish at its own expense a take-back point at every point of sale of the last seller of electrical equipment (or in its immediate vicinity) where electrical equipment placed on the market by the producer is sold and where the size of the sales area designated for the sale of electrical equipment is at least 400 m², if the last seller expresses interest in the establishment of a take-back point.

However, also in view of the fact that it is practically impossible for the producer to fulfil the above-mentioned obligations by its own means, the Waste Act permits these obligations to be fulfilled within the framework of membership in one of the collective systems.

Mgr. David Svoboda, advokát

This text was originally prepared by the law firm Mašek, Kočí, Aujezdský in cooperation with the Association for Electronic Commerce (APEK) as legal circular No. 6/2019 intended for members of this association.

This text was translated from Czech to English using an AI translator.