In terms of extended producer responsibility (EPR), the legal definition of a producer may differ from country to country. Companies not based in the target country are generally required to register if they sell directly to end users. Current examples from Finland and Belgium show different interpretations of the producer definition.
Finland: Our Finnish take-e-way partner has informed us that since 01.01.2025, electrical and electronic equipment imported for own use in Finland are also subject to extended producer responsibility. This includes exclusively imports from Finnish companies that were not made via distance selling. The aim is to ensure that the quantities of such imports are reported and that the advanced disposal fees are paid. Examples of own use:
- Company A produces solar panels for its own use and imports equipment for this into Finland to build a solar park in Finland. The equipment must be reported to the take-back system. The packaging of the equipment, the pallets and the energy storage units must also be reported.
- Company B produces servers abroad and imports these servers into Finland to build a data centre. The servers and peripheral devices must be reported to the take-back system. The packaging of the devices and pallets must also be reported.
What does this mean in practice? Importers of such products are now seen as producers. They must join a take-back scheme and report quantities. Retroactive quantity reports may also be necessary. A retroactive quantity report may also be necessary.
Belgium: Belgian professional end users no longer count as producers of batteries. The monopolistic Belgian take-back scheme for batteries has announced that the registration obligation for professional end users changes from August 2025. Until now, Belgian companies importing batteries for their own use had to register as producers and report their imported quantities to Bebat. This obligation is now being transferred to the non-Belgian sellers. Example: A hairdresser in Belgium buys a battery-powered razor for their salon from Germany:
- Up until August 2025, the hairdresser had to register and pay the advance disposal fees. The seller from Germany, who sold the razor to the hairdresser, had the option to take over this responsibility voluntarily.
- From August 2025, the hairdresser will no longer have to register as producer. The non-Belgian seller will bear the obligation to register and report the batteries.
Please note that this change only applies to the waste stream of batteries. There will be no changes to the producer definition regarding WEEE, which states that professional end users are obliged to register, and importers can only take-over this responsibility voluntarily. If you are affected by the changes in the producer definitions, please contact us. We will be happy to advise and support you regarding the registrations.
Questions about registration in Finland or Belgium? The take-e-way consulting team will be happy to help you via +49/40/750687-0 or send us an email.
