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Have waste equipment collection points already been organized in Poland and if so where can I find them?
Collection points are organized individually by municipalities or businesses involved in waste equipment collection/processing, and by retail outlets obligated to accept waste equipment from consumers on a “one for one” basis. As of October 1, 2006, municipalities are obligated to inform their citizens about the addresses of WEEE collection points, by posting this information on the municipality’s website and by communicating this information in other customary ways, for example by posting it on municipal bulletin boards. ElektroEko, established in early 2006, is currently building its waste equipment collection system. The target is to establish a network of WEEE collection points with significant participation of ElektroEko, in cooperation with retail stores, wholesalers and municipalities.
 

What should a small store (e.g. a kitchen equipment studio) with no facilities or storage space for waste equipment do?
The simplest solution is to transfer the waste equipment to the wholesaler/supplier who supplies the small store in question. The waste equipment can also be delivered directly to the processing facility. A wholesaler bringing in a delivery can (but has no obligation to) take the waste equipment back with him. It is also possible to transfer the waste equipment to the wholesaler in cooperation with an external transport company, but in such case it is necessary to check whether the chosen company has the required permits to transport waste material. Under the Ordinance of the Minister of the Economy Labor and Social Policy dated December 23, 2003 “on the types of waste whose collection or transfer does not require licensing” retailers and wholesalers are exempt from the requirement to obtain special permits to transport waste electrical equipment. However such retailers and wholesalers should apply to the Chief Environment Protection Inspector or the appropriate local organ of state administration (starosta, wójt or mayor) to register as a collector of waste material and inform the organ of the necessity to transport waste electrical and electronic equipment.
 

Can products purchased by a retailer/wholesaler without the recycling fee (WMF) and currently stored as inventory be sold without the recycling fee (WMF) even though the fee has been introduced for newly delivered products of the same type?
Yes. Inventories of products purchased without the disclosure of the recycling fee (WMF) can be sold without the recycling fee. The recycling fee introduced by producers and importers does not cover inventories and wholesale and retail outlets, but pertains only to newly delivered equipment. The vendor is required to disclose the recycling fee in cases when he purchased the product with the recycling fee disclosed by the entity introducing the equipment to the domestic market (i.e. by the producer, importer or entrepreneur making an intra-community purchase).
If the retailer or wholesaler is not the introducer of the electrical or electronic equipment as defined by the act on waste equipment, he may not disclose and add the WMF recycling fee to the product price. Any acts in breach of this principle can be treated as infringement of the consumer's right to reliable and true information, which would constitute basis for an investigation by the Competition and Consumer Protection Office and could result in sanctions against the vendor under the Act on the protection of competition and consumers.

 

Are retail outlets obligated to pick up equipment from apartments?
No. Retail stores are not obligated to pick up waste equipment from consumer apartments. Retail stores may offer a paid service to pick up the waste equipment from the consumers. In practice this may prove difficult because consumers who pay the WMF upon purchase of new equipment may expect the store to pick up their old equipment from their apartment. Consumers may have difficulty understanding that the recycling fee only finances the cost of picking up the WEEE from the store, and that the store's obligation is limited to accepting waste equipment in the store. Additionally, consumers may always look for another store that may offer to pick up waste equipment from their apartment for free.
 

Can a retail/wholesale outlet refuse to accept waste electrical equipment?
If a consumer brings in a piece of old equipment to the store and purchases a new piece of equipment of the same type (e.g a refrigerator for a refrigerator) than the store may not refuse to accept the waste equipment from the consumer.
 

In which circumstances is the retail/wholesale outlet obligated to accept a piece of old equipment and who pays for its pickup and storage?
A retail/wholesale outlet is obligated to accept old equipment from a consumer when the consumer purchases a new piece of equipment of the same type. Consumers should deliver their old equipment to the sales point (retail/wholesale outlet) to retail/wholesale outlet is not obligated to pick up the old equipment from the consumer’s house but may offer the consumer free transport of the old equipment as part of competitive advantage over other outlets who will not offer such a service. If a retail/wholesale outlet decides to cooperate with ElektroEko, then ElektroEko may provide free pickup of waste equipment collected by the retail/wholesale outlet. For detailed information about the possibilities and terms of cooperation with ElektroEko please see the “Cooperate with us” section.
 

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