Disclaimer:
To the best of our knowledge, this document is accurate as of October 10th, 2007. 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, 2004 transposed the WEEE and RoHS Directives. Annex I of Decree-Law 230/04 joined together Annex IA and IB of the WEEE Directive.

Who is handling registration in Portugal?

ANREEE (ANREE – Associação Nacional de Registo de Produtores de Equipamentos Electricos e Electronicos) is the registration body for the EEEs in Portugal. ANREEE is a non-profit entity, created by Producer’s Associations (AGEFE, AIMMAP, ANEMM, ANIMEE, APIRAC, APED) and Collective Systems Entities (Amb3E and ERP), as established by Decree-Law 230/2004.

Who is obliged to register?

Registration is mandatory to all EEE’s Producers.

Producer is defined under Decree-Law 230/2004 as any person that, regardless of its sales technique, including distance-selling:

• manufactures and sells electrical and electronic equipment under his own brand
• resells under his own brand equipment produced by other suppliers
• imports or exports electrical and electronic equipment on the national market as a result of its professional activity.

In order for Producers to fully comply with Decree-Law 230/2004, a collective system of WEEE management must also be setup.  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.  

Do I have to register if I am an EEE reseller?

Depends on how you are placing EEE into the national market.

If you are buying EEE to a national supplier and reselling under your own name (rebranding), the registration is mandatory to you.

If you are buying EEE to a national registered producer and reselling it under the supplier’s brand, you do not have to register.

If you are buying EEE to a foreign supplier, and placing them in the national market, you are considered an importer. In this case registration is mandatory.

Please be aware that only registered equipment can be placed into the national market. All invoices and shipping documents for EEE must show the Producer registration number (e.g. PTxxxxxx). Producers not fulfilling those obligations can be banned of doing business in the national market.

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).

If you are a National producer or have a Portuguese VAT number, please use SIRPEEE a software application that allows the producers to make their online registration and report the EEE they place into the national market. If you are a Foreign producer follow the instructions mentioned under "What are the registration requirements?".

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

Is registration available to foreign EEE producers?

Yes, all foreign EEE producers may now register. If you are a foreign EEE producer without any branch or legal representative and without a Portuguese VAT number, you should download the following registration documents:

• Company's Identification Form
• Liability Term
• 2006 Activity form (Excel)*

* - Use this document if and only you have placed EEE products in the Portuguese market in the first semester of 2006.

ANREEE is currently updating the software application SIRPEEE to allow foreign EEE producers to register online and report the EEE they place into the national market. In a near future, SIRPEEE will be available in English and opened to foreign EEE producers. 

How much does the registration costs?

The registration 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.

The registration fees are based in two groups of prices:
1st Group: From the 1st to the 10.000th equipment - 0, 1€/equipment
2nd Group: From the 10.001th forward - 0, 01€/equipment

Minimum Fee Value: 375€  Maximum Fee Value: 1500€
No producer will pay less then the minimum or more then the maximum fee value.

Example A
A Producer declares to have placed 1.000 equipments into the national market.
1.000 equip. (1st Group) x 0,1€ = 100€
The Producer will pay 375€ since this result is less then the minimal fee.

Example B
A Producer declares to have placed 12.000 equipments into the national market.
The first 10.000 are priced in the 1st Group: 10.000 x 0, 1€ = 1.000€
The remainder is priced in the 2nd Group: (12.000 - 10.001) x 0, 01€ = 19€
The Producer pays 1.000€ + 19 = 1.019 €

Example C
A Producer declares to have placed 70.000 equipments into the national market.
The first 10.000 are priced in the 1st Group: 10.000 x 0, 1€ = 1.000€
The remainder is priced in the 2nd Group: (70.000 - 10.001) x 0, 01€ = 699€
Resulting in a total of 1.699€. In this case, the Producer will only pay 1.500€ since this total value of 1.699€ is greater then the Maximum fee.

What are the registration requirements?

To register, you should print, fulfill, sign and stamp (when required) the Company's Identification Form and Liability Term. These documents along with a copy of the Company's Commercial Registration should be sent to:

Ao cuidado de:
Isabel Duarte
ANREEE
Rua do Conde Redondo, nº 8 4º Esq.
1150 - 105 Lisboa
Portugal

For the producers with activity in the Portuguese market in the first semester of 2006, the "2006 Activity Form" is required. Instructions are included in the template. Make sure all data is inserted and once finished e-mail the file to registo@N0SPAM.anreee.pt , in a message with subject: "New Producer Registration" followed by your company name.

Upon reception of the documents and file (if applicable), ANREEE validates the information and issues the applicable fees.

Upon payment, ANREEE mails to the producer address the "EEE Producer Registration Certificate" with the assigned Producers Registration Number.

This number in the format of "PT xxxxxx" (PT 123456) is required to show in every printed invoice and shipping documents. To comply with legal obligations, since August the 13th, 2005, it is mandatory to all Producers to print this number in all invoices and shipping documents issued.

These documents (Company’s Identification Form, Liability Term and 2006 Activity Form) can be found at the bottom of this page.

Are there any WEEE collective or individual management systems created in Portugal?

In order to make Producers fulfill the obligations to which they are legally bond, by DL 230/2004. They‘ll have to create an individual system of WEEE management or they have to submit their WEEE management to a collective system scheme.

Collective systems are entities responsible for all WEEE management. At the present, there are 2 collective systems entities, operating in Portugal, AMB3E and ERP. They both work in the WEEE management, collecting, transporting and treating WEEE. These entities have the legal obligation of promoting, informing and sensitize everyone about the correct procedures concerning WEEE management.

AMB 3E - Associação Portuguesa de Gestão de Residuos de Equipamentos Eléctricos e Electrónicos
Contact Name: Fernando Lamy da Fontoura
lfontoura@N0SPAM.amb3e.pt

AMB 3E
Av. do Forte, no. 3 - Parque Suécia
Edifício I - Piso 3
2794-038 Carnaxide
Portugal

Phone: (+351) 21 416 90 20
Fax: (+351) 21 416 90 39
e-mail: amb3e@N0SPAM.amb3e.pt
http://www.amb3e.pt (in Portuguese)

ERP Portugal - European Recycling Platform
Contact Name: Ricardo Neto

ERP - Portugal
Quinta da Fonte
Rua dos Malhöes
Edificio D. Pedro I
2770-071 Paço d'Arcos
Portugal

Phone: (+351) 21 000 82 50
Fax: (+351) 21 000 1675
e- mail: info@N0SPAM.erp-recycling.org
http://www.erp-recycling.org

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

First of all you need to apply for a license at Instituto Nacional de Resíduos (INR). The license application should cover the same obligations as collective systems.

All individual systems have to issue financial guarantees or other financial instruments to ANREEE to cover their activities.

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 that individual systems must deposit in the registration Body?

Not yet defined.

When does the RoHS Directive become effective in Portugal?

The RoHS Directive in Portugal only becomes effective by July 1st, 2006. From that date forward, 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).

The Portuguese Waste Institute (Instituto dos Resíduos) 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

Instituto Nacional de Residuos
(Waste Institute)
Avenida Almirante Gago Coutinho, nº 30 - 5º
1000-017 Lisboa
Phone: (+351) 21 842 40 00
Fax: (+351) 21 842 40 99
email: inr@N0SPAM.inresiduos.pt
http://www.inresiduos.pt

For more information, please contact:

Pedro Ferreira, Information Center Manager - System Administrator
email: pedro.ferreira@N0SPAM.mail.doc.gov
Phone: (+351) 21 770 2572
Fax: (+351) 21 726 8914