In the context of Portuguese (and EU) legislation regarding WEEE, a producer can be defined as any natural or legal person that, regardless of sales technique used, including remote sale by distance communication (for example e-commerce or via other electronic means), is:
- established in the national territory and manufactures EEE under own name or brand, or has EEE designed or manufactured and marketed under own name or brand in Portugal;
- established in national territory and resells, in Portugal, under own name or brand, equipment produced by other suppliers;
- established in the national territory and places EEE on the market from a third country or from another country in the EU; and
- established in another country of the EU or in a third country and sells EEE, through remote communication techniques, directly to private users or to non-private users in Portugal.
If a company is not established in Portuguese territory and sells EEE through distant communication techniques, directly to private users or non-private users in Portugal, it must nominate a natural or legal person established in the national territory as its authorised representative (AR). This AR will assume the producer’s responsibilities in the national territory, namely registration and the setting up of a collective/individual system for the management of WEEE.
In cases where a foreign company, without an establishment in Portugal, sells EEE to distributors based in the national territory, the latter are obliged to fulfil their obligations as a ‘producer’. Nevertheless, in these cases, the foreign company may appoint an authorised representative, meaning the distributor is exonerated from the producer’s responsibilities.
Upon appointment of an AR, the company must submit to the APA, within 15 days minimum in advance of the intended date to become effective, all relevant information specified in the form in Annex VII to Decree-Law No. 152-D/2017.