On 28 March 2014 the legislative decree n. 49/2014 “Attuazione della direttiva 2012/19/UE sui rifiuti di apparecchiature elettriche ed elettronice (RAEE)” was published in the Official Journal. For the first time the photovoltaic (PV) modules are included in the scope of the national WEEE law.
Producers of PV modules shall organize and finance the collection and recycling of discarded PV modules individually or joining a collective scheme.
In order to place their products on the national market Producers of PV modules shall register in the EEE National Producers’ Register after joining a collective scheme or having established an individual system approved by the competent authorities.
A “Producer” of PV modules is defined as the natural or legal person established in Italy who:
- manufactures PV modules under his own name or trademark or has PV modules designed or manufactured and sells them under his name or trademark in Italy
- resells in Italy, under his own name or trademark, PV modules produced by other suppliers. A reseller is not considered as the “Producer” if the brand of the original producer appears on the PV modules
- places on the Italian market, on a professional basis, PV modules from a third country or from another EU country
A natural or legal person not established in Italy selling PV modules by means of distance communication directly to private households or to users other than private households in Italy is also defined “Producer”.
The financing of PV modules waste shall occur according to its classification:
- Waste originating from PV modules classified as household (B2C) waste (those installed in PV plants with a nominal power below 10 Kw) is financed by the Producers present in the market in the year when the costs occur according to their market share.
- Waste originating from PV modules classified as non-household (B2B) waste (those installed in PV plants with a nominal power equal or above 10 Kw) placed on the market before 12/04/2014 is financed by the Producers when selling a new PV module replacing the old, in all other cases the financing is upon users. For waste originating from B2B PV modules placed on the market after 12/04/2014, the financial responsibility is upon Producers for the modules they placed on the market.
The costs eventually already defined according to the previous energy law provisions, implying take-back and recycling obligations on Producers of PV modules, will apply in regards of IV and V Energy Law modules.
For I, II, III Energy Law modules in order to ensure the correct waste management under WEEE legislation, the GSE entity will hold an amount from feed-in tariffs granted to PV plants’ owners which will be given back when the modules will be correctly managed according to WEEE requirements.