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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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The Hebrew text as published in Reshumot (ספר החוקים) and on the Knesset website is the sole authoritative and legally binding version. In any discrepancy, the Hebrew text prevails.

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Section C: Engagement of Manufacturers and Importers with a Recognised Implementation Body

Duty to Engage with a Recognised Implementation Body§
8.
(a)For the purpose of fulfilling the duties of manufacturers or importers under this Chapter, a manufacturer and importer shall enter into a contract of engagement with a recognised implementation body that has received recognition pursuant to section 14 to treat the type of equipment and batteries that the manufacturer or importer manufactures or imports; where a manufacturer or importer has engaged with a recognised implementation body, the recognised implementation body shall be responsible for fulfilling the duties of the manufacturer or importer as aforesaid, for as long as the engagement remains in force.
(b)A manufacturer and importer shall be responsible for financing all the costs of the recognised implementation body with which they engaged pursuant to the provisions of subsection (a), that are required for the purpose of fulfilling the duties of manufacturers or importers under this Chapter and that are set out in section 17(a), on equal terms, having regard, inter alia, to their share of the total equipment and batteries manufactured or imported by all the manufacturers and importers who engaged with the same recognised implementation body according to classification groups, and to the possibilities of reuse or the types of treatment of the waste generated from the equipment and batteries that they manufactured or imported.
(c)Without derogating from the provisions of the second part of subsection (a), a manufacturer or importer who has engaged with a recognised implementation body shall maintain a full and detailed register of the information referred to in section 5(a)(1) and (b)(1), and the Administrator or a person whom he has authorised for that purpose from among the employees of the Ministry shall be entitled to inspect the said register and to receive a true copy thereof.
(d)Where a manufacturer or importer finds that a recognised implementation body with which he engaged pursuant to the provisions of subsection (a) is not fulfilling the duties of manufacturers and importers referred to in that subsection, in whole or in part, or considers that there is a concern that the recognised implementation body will not fulfil these duties, the manufacturer or importer shall take all reasonable measures available to him to ensure the fulfilment of the said duties by the recognised implementation body.
Exemption from the Duty to Engage§
9.
(a)The Director may exempt a manufacturer or importer from the duty to engage under section 8 (in this Law – exemption from the duty to engage), if satisfied that that manufacturer or importer is able to fulfil its duties under Section A of this Chapter in respect of equipment and battery waste generated from the equipment or batteries it sells, otherwise than through a recognised implementation body.
(b)The grant of an exemption from the duty to engage, in respect of equipment and battery waste from the household sector, shall be made only in exceptional circumstances and for special reasons that shall be recorded.
(c)A manufacturer or importer that has received an exemption from the duty to engage shall be responsible for carrying out all the actions required to fulfil its duties under Section A of this Chapter, in a manner that prevents harm to the environment and in accordance with the provisions of this Law and any law, including the removal of equipment and battery waste that is not from the household sector from every holder of such waste as referred to in section 34, and shall bear all costs involved therein; for this purpose, "the required actions" – including sorting, reuse, preparation for reuse or treatment of all equipment and battery waste generated from the equipment or batteries it sells.
(d)In order to ensure the manufacturer's or importer's compliance with its duties under Section A of this Chapter, the Director may prescribe conditions for the grant of the exemption from the duty to engage, and conditions to be fulfilled during the period of the said exemption, and may also amend the said conditions, after having given the manufacturer or importer an opportunity to state its arguments.
(e)An exemption from the duty to engage shall be granted for a period not exceeding five years, and the Director may extend it for additional periods, not exceeding five years each time.
(f)The Director shall publish in Reshumot (Official Gazette) and on the Ministry's website a notice of the grant of an exemption from the duty to engage; the notice shall include the date on which the exemption was granted, its validity and the principal reasons for granting the exemption.
Application for Exemption from the Duty to Engage§
10.
(a)A manufacturer or importer seeking an exemption from the duty to engage shall submit to the Director an application that shall include the following documents and particulars:
(1)if it is a corporation – the incorporation documents of the corporation;
(2)an action plan for the period of the exemption, which shall include, inter alia, all of the following:
(a)the planned arrangements for the collection and removal, preparation for reuse, recycling, recovery and landfilling of the equipment and battery waste generated from the equipment and batteries sold by the applicant;
(b)a planned geographical distribution for the implementation of the arrangements referred to in sub-paragraph (a);
(c)a plan regarding compliance with the annual recycling rates required under section 3(a) and (b) or section 4(a) and (b), as the case may be;
(d)the anticipated costs of implementing the plan;
(3)additional particulars and information as the Minister may prescribe.
(b)The Director may require an applicant for exemption from the duty to engage to provide such additional particulars and documents as the Director deems appropriate, for the purpose of examining the application.
(c)The Director's decision on an application under this section shall be given within three months from the date on which the Director received the application documents, or from the date of receipt of the particulars or documents required under subsection (b), whichever is the later.
Revocation of Exemption from the Duty to Engage§
11.
(a)The Director may revoke an exemption from the duty to engage, after having given the holder of the exemption an opportunity to state its arguments, upon the occurrence of any of the following:
(1)the exemption was granted on the basis of false or misleading information;
(2)the Director has found that the holder of the exemption is not fulfilling its duties under Section A of this Chapter;
(3)the holder of the exemption has breached a condition of the exemption or a provision of the provisions under this Chapter.
(b)Where an exemption from the duty to engage has been revoked, the manufacturer or importer whose exemption has been revoked shall, within one month of the notice of revocation, engage with a recognised implementation body, and the submission of an application for an additional exemption from the duty to engage shall not serve to exempt that manufacturer or importer from the duty to engage as aforesaid; the Director may, by a reasoned decision, postpone by one additional month the deadline for engaging with a recognised implementation body.

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Section D: Special Provisions regarding Manufacturers or Importers of Equipment and Batteries in a Limited Volume

Special Provisions regarding Manufacturers and Importers of Equipment and Batteries in a Limited Volume§
12.
(a)The provisions of sections 3, 4, 5, 7 and 8 shall not apply to a manufacturer or importer whose annual sales of equipment and batteries by weight do not exceed a rate prescribed by the Minister for this purpose, with the approval of the Committee (in this Law – a manufacturer or importer in a limited volume); in prescribing the rate the Minister shall take into account, inter alia, the environmental and health effects of the equipment and batteries and of the waste generated therefrom, and the turnover of manufacturers and importers of equipment and batteries.
(b)Notwithstanding the provisions of subsection (a), a manufacturer or importer in a limited volume shall report to the Director at the end of each year (in this section – annual report), on the particulars referred to in section 5(a)(1) or 5(b)(1), as the case may be.
(c)An annual report shall be submitted to the Director no later than two months after the end of each financial year, when it has been audited by an auditor, in the format directed by the Director.
(d)The Director, or a person authorised by the Director from among the Ministry's employees, may require a manufacturer or importer in a limited volume to provide any information that served as the basis for the preparation of the annual report; where a manufacturer or importer is required to provide information as aforesaid, it shall provide it at the time and in the manner specified in the requirement.
(e)Where a manufacturer or importer in a limited volume has not submitted an annual report, or has submitted such a report but the Director has reasonable grounds to believe that the report is not accurate, the Director may, after having given that manufacturer or importer an opportunity to state its arguments, determine by a reasoned decision the weight of the equipment and batteries sold by the manufacturer or importer in that year, and if the Director finds that the weight of the equipment and batteries sold in the year exceeds the rate prescribed by the Minister under subsection (a) – determine that the weight of the equipment and batteries as so determined shall be the binding weight for the purpose of the recycling target required of the manufacturer or importer under sections 3 and 4.
(f)Where a manufacturer or importer in a limited volume becomes aware, after the end of a financial year, that during that financial year it sold equipment and batteries at a weight exceeding the rate prescribed by the Minister under subsection (a), or where the Director has determined under subsection (e) that during that financial year it sold equipment and batteries at a weight exceeding the said rate, the manufacturer or importer shall, within one month, engage with a recognised implementation body in order to fulfil its duties under sections 3 and 4, in respect of equipment and batteries it sold in that financial year; where a manufacturer or importer has acted as provided in this subsection and has paid the costs required to a recognised implementation body, it shall be deemed to have fulfilled its duties in accordance with sections 3 and 4; the Director may, by a reasoned decision, postpone by one additional month the deadline for engaging with a recognised implementation body.
Levy on Manufacturers and Importers in a Limited Volume§
13.

The Minister, with the consent of the Minister of Finance, after consulting with the Minister of Industry, Trade and Employment and with the approval of the Committee, may prescribe a levy to be imposed on a manufacturer or importer in a limited volume, and may prescribe different levy rates for different classification groups, taking into account inter alia the possibilities for reuse, recycling or other treatment of the waste generated from the equipment and batteries, the effect of the levy on the final price of equipment and batteries to the consumer, and also, inter alia, provisions regarding the linkage of the levy, the manner of its payment, the methods of its collection and the reports that a manufacturer or importer is required to submit in respect of the levy.

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Chapter IV: Recognised Implementation Body

Section A: Recognition

Recognition of a Recognised Implementation Body§
14.
(a)The Director may recognise a company as an implementation body responsible for fulfilling the duties of manufacturers and importers under this Law who engage with it, if all of the following conditions are met in respect of it:
(1)it is a company as defined in the Companies Law;
(2)its sole purpose is to fulfil the duties of manufacturers or importers under this Law and to carry out the actions required for that purpose;
(3)it is a public benefit company, as defined in the Companies Law, or if it was established for profit-making purposes – its articles of association restrict the possibility of distributing profits if it has not met the recycling targets of the manufacturers and importers whose duties it is responsible for fulfilling, or if the provisions of section 23(f)(1) are not complied with;
(4)it has presented a business plan according to which, shortly after the date of recognition, it will provide services to manufacturers and importers whose sales of equipment and batteries by weight will be at a volume sufficient to the satisfaction of the Director;
(5)it has sufficient equity capital and has provided a bank guarantee in favour of the State or other security in favour of the State at the Director's discretion, at rates sufficient in relation to the scope of the company's activity, all to the satisfaction of the Director, in order to ensure its compliance with the purpose referred to in paragraph (2);
(6)the general manager of the company and a controlling shareholder thereof have not been convicted of an offence which, by reason of its nature, severity or circumstances, renders the company unfit to be a recognised implementation body; for this purpose, "control" – as defined in the Securities Law, 5728-1968;
(7)the company has submitted a declaration on its behalf stating that persons who are not Israeli citizens or residents of Israel shall not be employed by it, even if there is a permit for their employment under the Foreign Workers Law, 5751-1991, and that for the purpose of fulfilling its duties under this Law it shall only engage with an operator or with a person engaged in the collection and removal of waste who has undertaken before it that they shall only employ workers as aforesaid to fulfil their obligations under the engagement;
(8)additional conditions as the Minister may prescribe.
(b)The Director may refuse to grant recognition to an applicant, for reasons to be communicated to the applicant and after having given the applicant an opportunity to state its arguments, even if the conditions in subsection (a) are met in respect of the applicant, if the Director finds that there are circumstances by reason of which the applicant is not fit to receive recognition, or if the Director is satisfied that there is a substantial concern that granting recognition to the applicant will prejudice the implementation of the purposes of this Law.
(c)The Director may recognise a company as an implementation body responsible for fulfilling the duties of manufacturers and importers in respect of equipment and battery waste from the household sector, only with regard to equipment and batteries of a particular type or of particular classification groups, if the Director is satisfied that special circumstances exist that justify this and that as a result the attainment of the recycling targets in respect of all equipment and battery waste from the household sector will not be prejudiced.
(d)In order to ensure the recognised implementation body's compliance with the purpose referred to in subsection (a)(2), the Director may prescribe in the recognition conditions to be fulfilled during the period of validity of the recognition, in whole or in part, including the type of electrical and electronic equipment or the type of batteries or accumulators or the sector in respect of which it may operate within the framework of the recognition, and may amend the said conditions, after having given the recognised implementation body an opportunity to state its arguments.
(e)Recognition shall be granted for a period of five years (in this Chapter – the recognition period).
(f)The articles of association of the recognised implementation body and any amendment thereto require the approval of the Director.
(g)The Director shall publish in Reshumot (Official Gazette) and on the Ministry's website a notice of the recognition of a company as a recognised implementation body, the type of electrical and electronic equipment or the type of batteries or accumulators or the sector in respect of which recognition was granted, the date of the recognition and the recognition period.
Application for Recognition and Decision on the Application§
15.
(a)A company seeking recognition shall submit to the Director an application that shall include the following documents and particulars:
(1)the incorporation documents of the company;
(2)the type of electrical and electronic equipment or the type of batteries and accumulators in respect of which recognition is sought, including the classification groups, and also whether recognition is sought in respect of equipment and battery waste from the household sector, equipment and battery waste that is not from the household sector, or both;
(3)a business plan and a budget plan for the recognition period that shall include, inter alia, the type of equipment and batteries, a plan regarding compliance with the annual recycling rates required under section 3(a) and (b) or section 4(a) and (b), as the case may be, and also the manner of calculating the payments that manufacturers and importers are required to pay it as a recognised implementation body;
(4)planned arrangements for the collection of equipment and battery waste from distributors, and for the separation and removal, preparation for reuse and treatment of equipment and battery waste;
(5)planned arrangements for public information;
(6)planned arrangements for the trade mark of the recognised implementation body, to the extent planned by the applicant;
(7)a model contract for engagement between the recognition applicant and a manufacturer or importer;
(8)a model contract for engagement between the recognition applicant and a person responsible for waste removal;
(9)a model contract for engagement between the recognition applicant and a holder of equipment and battery waste that is not from the household sector;
(10)a model contract for engagement between the recognition applicant and a distributor;
(11)additional particulars and information as the Minister may prescribe.
(b)The Director may require a recognition applicant to provide such additional particulars and documents as the Director deems appropriate, for the purpose of examining the application.
(c)The Director shall approve the model contract for engagement between the recognition applicant and a person responsible for waste removal, as referred to in subsection (a)(8), after consulting with the Director-General of the Local Government Administration in the Ministry of the Interior, and with the Minister of Industry, Trade and Employment or a person authorised by that Minister from among the employees of that Minister's office.
(d)The Director's decision on an application under this section shall be given within three months from the date on which the Director received the application documents, or from the date of receipt of the particulars or documents required under subsection (b), whichever is the later.
Revocation of Recognition§
16.
(a)The Director may revoke recognition, after having given the recognised implementation body an opportunity to state its arguments, upon the occurrence of any of the following:
(1)the recognition was granted on the basis of false or misleading information;
(2)a condition for the grant of recognition under section 14 has ceased to be met in respect of the recognised implementation body;
(3)the recognised implementation body has breached a condition of the recognition or a provision of the provisions under this Law, or has breached a provision of another enactment in connection with its activity;
(4)a provisional winding-up order has been made in respect of the recognised implementation body, or a receiver has been appointed for it, or an application for either of these has been filed, or it has resolved to wind itself up voluntarily.
(b)The Director shall notify in writing of an intention to revoke recognition to the recognised implementation body, to the assembly of manufacturers and importers of that recognised implementation body and to the shareholders of the recognised implementation body who are manufacturers and importers.
(c)Where the Director has revoked recognition, the Director may give to the company whose recognition has been revoked and also to any manufacturer or importer who was party to an engagement contract with it under this Law on the eve of the revocation, directions in order to ensure the continued fulfilment of the duties of the manufacturers or importers under this Law, including the time and manner in which the said manufacturers and importers are to carry out the actions required for that purpose.

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