Disclaimer:
To the best of our knowledge, this document is accurate as of October 22nd, 2008. However, the U.S. Department of Commerce does not take any responsibility for actions companies may take based on the information contained herein. This is not legal advice.

The Portuguese Decree-Law 230/04 from December 10th (and its changings through National Decree 174/2005, of October the 25th) transposed the WEEE and RoHS Directives. Annex I of Decree-Law 230/04 joined together Annex IA and IB of the WEEE Directive.

Who should register, the EEE reseller or the supplier?

An EEE supplier placing products in the national market (as a national or foreigner company) has a clear obligation to register. Please ask your supplier to register.

If your supplier is not registered and you are placing his equipments into the market, you are in an illegal situation and you can even be forbidden to commercialize. Since 2005, August the 13th, all invoice and transport documents related to EEE must have the registration number printed on (e.g: PTxxxxxx).

A foreign producer/company should register through SIRPEEE II and follow the same procedures as a national producer. SIRPEEE II is a software application that allows producers to make their online registration and report the EEE they place into the national market.  To access SIRPEEE II please use the following URL: https://registo.anreee.org/

If your supplier is a foreign company without presence in Portugal, you are then importing. As such, you have to register.

Please notice that skipping registration might represent an EEE placement prohibition (Article 26th -5 of Portuguese Decree-Law 230/2004).

How much does the registration costs?

The annual register fee is invoiced in an annual basis in February and relates to the producer’s previous year activity according with the following values:

Annual Register Fee

Up to 1.111 Equipments
100 € (Single fee)
 
From 1.112o to 10.050o Equipment
0,09 € / Equipment
 
From 10.051o to 60.105o Equipment
0,009 € / Equipment
 
More than de 60.105 Equipments
1.400 € (Single fee)
 

The annual register fees are calculated according to the annual quantities of EEE's placed in the national market, regardless category or subcategory. In order to avoid distortions resulting from a system based in quantity, minimum and maximum fees were created.

Registration Fees:

Minimum Fee Value - 100€ - No producer will pay less then this amount.

Maximum Fee Value - 1400€ - No producer will pay more than this amount.

To a better understanding, please take in account the following examples:

Example A - A Producer declares to have placed 1.000 equipments into the national market.

1.000 equip. x 0,09€ = 90€

As this result is less than the minimal fee, that will be applied. Therefore, the Producer will pay 100€.

Example B - A Producer declares to have placed 12.000 equipments into the national market.

Up to 1.111º EEE = 100€

(From 1.111º to 10.050) EEE x 0,09€ = 8.939 EEE x 0,09 = 804,51€

(From 10.050 to 12.000º) EEE x 0,009€ = 1.950 EEE x 0,009€ = 17,55€

Therefore, this Producer pays 100€ + 804,51€ + 17,55 = 922,06€

Example C - A Producer declares to have placed 70.000 equipments into the national market.

Up 1.111º EEE = 100€

(From 1.111º to 10.050) EEE x 0,09€ = 8.939 EEE x 0,09 = 804,51€

(From 10.050 to 70.000) EEE x 0,009€ = 59.950 EEE x 0,09€ = 539,55€

Therefore, this Producer pays 100€ + 804,51€ + 539,55 = 1.444,06€

Resulting a total of 1.444,06€. As this value is greater than the Maximum fee, this will be applied. Therefore, this Producer pays 1.400€ .

What are the registration requirements?

Access SIRPEEE II [https://registo.anreeee.org/] and follow the steps below:

1)      Pre-registration - Insert the company details and authorized users. You will then receive a Liability Statement (LS) that needs to be filled and signed. The login information will be sent to you in a separate e-mail.

2)      Validation – Submit the signed LS and a legal document with the company registration via postal service to ANREEE

3)      Finalize Registration - ANREEE will confirm by email the validation of the above documents and provide you with registration code. If the documents are validated by ANREEE, the registration code should be provided to the collective system entity. If the documents are denied by ANREEE an e-mail will be automatically sent to the producer.  

After finding and providing the registration code to the collective system entity, such entity will use the registration code to accept the responsibility for the WEEE management.

After the above process is completed, SIRPEEE II will send you the respective EEE Producer number assignment and submits the producer’s number to the collective system entity in order to be added to the contract.

What is the best process to begin an individual system of WEE management?

Any producer may have its own individual scheme. In order to achieve it, the following steps must be taken into consideration:

- Get a license from APA – Portuguese Environment Agency;
- Guarantee that obligations in the individual scheme are similar to the ones in a collective scheme;
- Assume all scheme responsibility, issuing guarantees like: Bank guarantee or a blocked bank account on ANREEE’s behalf.

The U.S. Commercial Service in Portugal recommends Producers to adhere to one of the two entities (AMB3E or ERP) operating in Portugal responsible for managing, collecting, transporting and treating WEEE. 

Which will be the value of the Bank Guarantee?

The guarantee amount is established by ANREEE. This amount will be related with type and nature of WEEE treatment, as well as the forecast quantities (in units and weights), thus the amount is calculated according to each company.

When does the RoHS Directive become effective in Portugal?

All producers must guarantee that EEE are free from the six hazardous substances - Lead, Mercury, Cadmium, Hexavalent Chromium, poly-bromine biphenyls (PBB) and ether from poly-bromated diphenyls (PBDE). This rule is not applicable to medical equipments and controlling and monitoring instruments.

The Agencia Portuguesa do Ambiente (Environment Portuguese Agency)  has issued the following statement on the application of the RoHS Directive to the Portuguese territory, specifically with regard to RoHS compliance dates.

“In order to ensure a consistent application of EU Law, the Portuguese authorities take the position that electric and electronic equipments containing substances referred to in section 1 of article 6 of Decree Law 230/2004 of 10 December which have been put on the EU market before 1 July 2006 may continue to be distributed and sold on the Portuguese market. The burden of proof that the relevant equipment was put on the EU market before the said date lies on the producer or distributor intending to sell such equipment on the Portuguese market.”

Contacts:

ANREEE – Associação Nacional de Registo de Produtores de EEE
(The National WEEE Registration Body)
Rua do Conde de Redondo, nº 8 – 4º Esq.
1150 – 105 LISBOA
Tel: (+351) 21 315 53 01
Fax: (+351) 21 315 82 18
e-mail: geral@N0SPAM.anreee.pt
http://www.anreee.pt

Agencia Portuguesa do Ambiente
(Environment Portuguese Agency)
Rua da murgueira, 9/9A Zambujal
Ap 7585
2611-865 Amadora
Phone: (351) 214728200
Fax: (351) 214719074
e-mail: geral@N0SPAM.apambiente.pt
http://www.apambiente.pt

For more information, please contact:

Pedro Ferreira, Commercial Specialist
email: pedro.ferreira@N0SPAM.mail.doc.gov
Phone: (+351) 21 770 2572
Fax: (+351) 21 726 8914