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Law for the Environmental Treatment of Electrical and Electronic Equipment and Batteries, 5772-2012

חוק לטיפול סביבתי בציוד חשמלי ואלקטרוני ובסוללות, תשע"ב-2012

Published: 2012-07-26Consolidated Hebrew text as of 2026-08-02 · Last amended 2026-07-28
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Unofficial English translation — for reference only. It may contain errors or omissions and cannot be relied on as a legal text. Only the Hebrew text published in Reshumot is legally binding.More

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Section B: Duties of a Recognised Implementation Body

Duties of a Recognised Implementation Body§
17.
(a)A recognised implementation body –
(1)shall carry out all the actions required to fulfil the duties of manufacturers and importers as referred to in section 8 who have engaged with it for that purpose, in accordance with the provisions under this Section;
(2)
(a)shall remove equipment and battery waste from the household sector from every person responsible for waste removal who has engaged with it as referred to in section 27, and shall finance the separation and collection costs of equipment and battery waste from the household sector as referred to in section 26, from the area of every person responsible for waste removal who has engaged with it in accordance with section 27, provided that the separation and collection costs shall not exceed reasonable costs in the circumstances of the matter;
(b)the separation and collection costs listed in paragraphs (1), (4) and (6) of the definition "separation and collection costs" shall be calculated in accordance with the equipment and battery waste transferred by the person responsible for waste removal to the recognised implementation body that engaged with it, as referred to in section 27(b), and the weight of the equipment and battery waste so transferred;
(c)where a collection centre was used for the disposal or separation of additional types of waste that are not equipment and battery waste, the recognised implementation body shall be responsible for financing the separation and collection costs in respect of the equipment and battery waste only;
(d)in this paragraph, "separation and collection costs" – the following costs:
(1)collection from collection points and collection of large electrical appliances under section 26(b)(1);
(2)purchase and placement of storage containers at collection points and collection centres;
(3)the infrastructure required for the establishment and operation of collection centres as detailed in paragraphs (1) to (3) of section 35(a) and their fencing;
(4)manpower required for the operation of a collection centre;
(5)maintenance of storage containers and their renewal due to wear;
(6)maintenance of collection centres;
(7)one half of the costs of publishing the information as referred to in section 26(g);
(3)shall remove equipment and battery waste that is not from the household sector from every holder of such waste who has engaged with it in accordance with section 34;
(4)shall remove equipment and battery waste from every distributor who has engaged with it in accordance with section 32, and shall finance the storage, collection from purchasers and removal costs of equipment and battery waste of distributors arising from the duties of distributors under Section B of Chapter V, provided that these costs shall not exceed reasonable costs in the circumstances of the matter;
(5)shall carry out sorting, reuse, preparation for reuse or treatment of all equipment and battery waste in its possession or under its control, in a manner that prevents harm to the environment and in accordance with the provisions of this Law and any law;
(6)shall carry out public information activities for the implementation of the provisions of this Law on the following matters:
(a)the duty to separate equipment and battery waste from other waste and not to dispose of it mixed with other waste;
(b)the permitted disposal options for equipment and battery waste and the options for its return;
(c)the importance and benefit of transferring equipment and battery waste for reuse, recycling or recovery;
(d)the environmental and health effects of hazardous substances found in equipment and battery waste.
(b)A recognised implementation body may, for the purpose of fulfilling the duties of manufacturers or importers under section 3 or 4, store, remove, recycle or recover waste from equipment and batteries sold by manufacturers or importers who have not engaged with it.
(c)For the purpose of fulfilling its duties under this Law, a recognised implementation body shall only employ workers in respect of whom the conditions referred to in section 14(a)(7) are met.
(d)A recognised implementation body may, for the purpose of fulfilling the duties of manufacturers or importers under section 3 or 4, request a reduction in the weight of equipment and battery waste from the household sector, taking into account the weight of equipment and battery waste in the area of a person responsible for waste removal in respect of whom it has been proved that that person did not engage with a recognised implementation body under section 27(a) or did not take enforcement measures under section 29(b); the request shall be submitted in the format directed by the Director; without derogating from the provisions of section 21(h), the Director may approve such a request in special circumstances.
Duty to Engage with Manufacturers and Importers§
18.
(a)A recognised implementation body shall enter into an engagement contract with every manufacturer or importer that approaches it for the purpose of fulfilling its duties in respect of equipment and batteries of the classification groups or types for which it has been granted recognition, on equal terms; the engagement shall be made in accordance with the model contract approved by the Director in the recognition and in accordance with the conditions prescribed therein.
(b)A recognised implementation body shall report, at least twice a year, in the format directed by the Director, to every manufacturer and importer with whom it has engaged, on the actions it has carried out for the purpose of fulfilling their duties, including the recycling rate of equipment and battery waste that it carried out during the reporting period, out of the recycling targets under section 3 or 4.
Duty to contract with those responsible for waste removal§
19.
(a)A recognised implementation body that has been granted recognition in respect of equipment and battery waste from the household sector shall offer every person responsible for waste removal to enter into a contract with it regarding the separation and collection of equipment and battery waste from the household sector within its area, on equal terms; the contract shall be entered into in accordance with the model contract approved by the Director in the recognition and in accordance with the conditions set therein.
(b)A recognised implementation body shall enter into a contract with every person responsible for waste removal who approaches it regarding the separation and collection of equipment and battery waste from the household sector within its area, in respect of such waste from the classification groups or types for which it has been granted recognition.
(c)A recognised implementation body shall be responsible for the removal of equipment and battery waste from the household sector within the areas of all those responsible for waste removal with whom it has contracted, in accordance with the terms of the contract and the terms of the recognition; such removal shall be carried out on equal terms, at a frequency and in a manner that ensure regular removal that is accessible to the public and that prevent the accumulation of equipment and battery waste, all in accordance with the provisions of section 26 and pursuant to any law.
Duty to contract with a distributor and with a holder of equipment and battery waste that is not from the household sector§
20.
(a)A recognised implementation body shall enter into a contract with every distributor who approaches it regarding the removal of equipment and battery waste in its possession, which is from the classification groups or types for which it has been granted recognition; the contract shall be entered into in accordance with the model contract approved by the Director in the recognition and in accordance with the conditions set therein.
(b)The removal of equipment and battery waste from a distributor, as referred to in subsection (a), shall be carried out on equal terms, at a frequency and in a manner that ensure regular and accessible removal so as to prevent the accumulation of equipment and battery waste at the distributor's premises.
(c)A recognised implementation body shall enter into a contract with every holder of equipment and battery waste that is not from the household sector who approaches it regarding the removal of the equipment and battery waste in its possession, which is from the classification groups or types for which it has been granted recognition; the contract shall be entered into in accordance with the model contract approved by the Director in the recognition and in accordance with the conditions set therein.
Duty to report to the Director§
21.
(a)A recognised implementation body shall submit to the Director a semi-annual report on all of the following:
(1)the manufacturers and importers with whom it was bound by a contract during the period in respect of which the report is submitted;
(2)the particulars referred to in section 5(a)(1) and (b)(1) in respect of each of the manufacturers and importers referred to in paragraph (1);
(3)the persons responsible for waste removal, the distributors and the holders of equipment and battery waste that is not from the household sector, with whom it was bound by a contract during the period in respect of which the report is submitted;
(4)the particulars referred to in sections 5(a)(2) to (6) and 5(b)(2) to (5), in respect of the equipment and battery waste that it removed, recycled or recovered during the period in respect of which the report is submitted.
(b)A semi-annual report under this section shall be submitted to the Director within two months of the end of the period in respect of which the report is submitted, in the form directed by the Director.
(c)Notwithstanding the provisions of subsection (a), where four semi-annual reports have been submitted to the Director under this section, the Director may direct that the subsequent reports submitted to the Director shall be annual reports only.
(d)A recognised implementation body shall submit to the Director, at the end of each year, an annual report on all of the following:
(1)the matters referred to in subsection (a);
(2)the financial balance sheet of the recognised implementation body for the preceding year.
(e)An annual report under subsection (d) shall be submitted to the Director no later than six months from the end of the financial year in respect of which the report is submitted, audited by an auditor, in the form directed by the Director.
(f)A recognised implementation body shall report to the Director at the end of each year, no later than two months from the end of each financial year, in the form directed by the Director, on a budget plan and a work plan for the coming year.
(g)The Director or a person authorised by the Director from among the employees of the Ministry may require a recognised implementation body to furnish any information that was used in the preparation of a report under this section; where a recognised implementation body is required to furnish such information, it shall furnish it at the time and in the manner specified in the requirement.
(h)Where a recognised implementation body has not submitted a semi-annual report or an annual report under this section, or where it has submitted such a report but the Director has reasonable grounds to believe that the report is incorrect, the Director may, after having given the recognised implementation body an opportunity to state its arguments, determine by a reasoned decision the rates of equipment and battery waste in respect of which reuse, recognised recycling or recognised recovery was carried out during the reporting period.
(i)For the purposes of this section, "semi-annual report" has the meaning given to it in section 5(h).
Duty to keep records§
22.
(a)A recognised implementation body shall maintain full and detailed records of the matters included in the reporting duty under section 21.
(b)The Director or a person authorised by the Director from among the employees of the Ministry may inspect the records referred to in this section and obtain a true copy thereof.
Assembly of manufacturers and importers§
23.
(a)A recognised implementation body shall convene, at least once a year, an assembly of manufacturers and importers who are bound to it by a contract and who are not shareholders in the recognised implementation body (in this Chapter — the assembly of manufacturers and importers).
(b)The assembly of manufacturers and importers shall be an organ of the recognised implementation body, and its decisions shall be binding on the recognised implementation body in respect of the matters set out in this section.
(c)At the assembly of manufacturers and importers, the recognised implementation body shall present the matters reported to the Director under section 21, except for the particulars referred to in subsection (a)(2) thereof.
(d)If the assembly of manufacturers and importers finds, on the basis of reports presented before it under subsection (c), that a recognised implementation body is not fulfilling the obligations of the manufacturers and importers bound to it as referred to in section 8 and in the contract, or other obligations imposed on it pursuant to any law, or that there is a concern that it will not fulfil the said obligations, it may require that a special meeting of the board of directors of the recognised implementation body be held within a period to be determined by it, which shall be not less than seven days, at which the matters specified in the requirement shall be discussed; the requirement shall be brought to the attention of the Director and the decision of the board of directors shall be brought to the attention of the assembly of manufacturers and importers and the Director.
(e)In a recognised implementation body that is not a public company, two directors who meet the conditions of section 240(b) of the Companies Law, 5759-1999, as if they were external directors, shall be appointed to serve on the board of directors of the recognised implementation body, and their appointment shall require the approval of the assembly of manufacturers and importers.
(f)
(1)A decision of a recognised implementation body on a distribution shall require the approval of the assembly of manufacturers and importers; the assembly of manufacturers and importers may withhold approval of a distribution if it considers that there is a real concern that carrying out the distribution will impair the ability of the recognised implementation body to fulfil the obligations of the manufacturers and importers as referred to in section 8 and in the contract, when the time for their fulfilment arrives;
(2)the assembly of manufacturers and importers may annul a decision of a recognised implementation body regarding the amount of costs to be financed by the manufacturers and importers who have contracted with it under section 8(b), if it finds that such amount exceeds what is reasonable for the purpose of fulfilling the obligations of manufacturers and importers under this Law;
(3)a decision of the assembly of manufacturers and importers in respect of a determination as referred to in this subsection may be appealed to the District Court.
(g)Decisions of the assembly of manufacturers and importers shall be adopted by a majority of votes of the manufacturers and importers participating in the vote, unless otherwise prescribed under subsection (h); a recognised implementation body shall bring the decisions adopted at the assembly of manufacturers and importers to the attention of the Director.
(h)The Minister, with the consent of the Minister of Justice, may prescribe provisions for the purposes of this section, including with respect to the procedures for convening, deliberating and conducting the assembly of manufacturers and importers, the times of its meetings, the quorum at its meetings, the sending of notices to manufacturers and importers entitled to participate in its meetings and the manner of voting, including by means of voting instruments.
(i)The Minister may exempt a recognised implementation body from the provisions of this section, in whole or in part, if the Minister finds that under the articles of association of that recognised implementation body, every manufacturer or importer bound to it by a contract may be a shareholder therein on reasonable terms in the circumstances of the matter, and that a majority of the manufacturers and importers bound to it by a contract are shareholders therein.
(j)In this section, "public company", "distribution" and "office holder" have the meanings given to them in the Companies Law, 5759-1999.
Representative of the Director§
24.
(a)An invitation to meetings of the board of directors of a recognised implementation body and of board of directors committees, as well as to meetings of the assembly of manufacturers and importers, shall be given to the Director, who may send to any such meeting a representative on his behalf, who shall be entitled to participate in the meeting but shall not have voting rights thereat.
(b)The representative referred to in subsection (a) shall be entitled to require the holding of a meeting of the board of directors, a board of directors committee or the assembly of manufacturers and importers and to request that a matter be included on the agenda of the meeting, and also to examine the documents, records and assets of the recognised implementation body and to obtain copies pursuant to sections 98(b)(2) and (d), 99(3) and 265 of the Companies Law, 5759-1999, with the necessary modifications.
Adequate representation of persons with disabilities§
25.

A recognised implementation body shall act to promote the adequate representation of persons with disabilities among its employees and among the operators with whom it contracts for the purpose of fulfilling its obligations under this Law, in accordance with the provisions of section 9 of the Equal Rights for Persons with Disabilities Law, 5758-1998.

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