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Entry Agreement

8.1   Introduction (260010)

The following General Terms and Conditions apply to the Management Body and the Co-contractor. Both contractors are hereinafter referred to as the Parties.

8.2   Definitions (260020)

Administrative contribution

Recupel contribution for general operational costs with respect to the take-back obligation for WEEE.

All-in contribution

Recupel contribution for reporting and communication costs in the context of the take-back obligation for WEEE, for the logistics, transport and processing expenses for the collected EEE, as well as for Recupel vzw's general operating expenses.

Domestic EEE

EEE, within the meaning of this Entry Agreement, intended for use in private households and similar use in commercial, industrial, institutional and other environments.

EEE

Electrical and electronic equipment as referred to in the Legislation, however, in the context of this Entry Agreement only to the degree that and for the period mentioned on the product list of the Management Body, available on the website specified by the Management Body.

Entry Agreement

These General Terms and Conditions of Membership in the Collective Recupel system, including all addenda and appendices, as well as any subsequent amendments to these General Terms and Conditions.

Environmental policy agreements

An environmental policy agreement is any agreement between the Flemish Region and/or the Walloon Region and/or the Brussels Capital Region, on the one hand, and one or more co-ordinating, representative organisations of companies, on the other hand, and for whom the Management Body carries out the execution.

Export / Exporting

The physical shipment of EEE outside of Belgian territory, insofar as said shipment qualifies as an intra-community delivery or as an export, as defined in the VAT code.

Legal interest rate

The legal interest rate, in force in Belgium as provided for in Article 1153 of the Civil Code.

Legislation

Legislation with respect to the take-back obligation for WEEE or environmental policy agreements concluded between the authorities in charge of WEEE and the representative organisations. Applicable Legislation and Environmental Policy Agreements are posted on the website by the Management Body.

Product list of the Management Body

List of EEE for which the Management Body carries out the WEEE take-back obligation and for which consequently a Recupel contribution is owed. The list mentions the rate of the Recupel contribution per EEE and the period to which the list applies.

Click here to consult the product lists

Marketing

The action whereby the appliance imported or produced in Belgium, whether new or defective, is for the first time (i) sold to a third party, rented, leased or made available in Belgium, or (ii) intended for own use (as further clarified on the website specified by the Management Body).

Click here for further information on the ""marketing"" concept

Professional EEE

EEE, within the meaning of this Entry Agreement, other than domestic EEE.

Recupel contribution

Contribution to be paid by the Co-contractor for each marketed EEE, for the services of the Management Body. The Recupel contribution can take the shape of an all-in contribution or an administrative contribution. The Recupel contribution for domestic EEE must always be visibly mentioned on the invoice and/or cash register receipt and/or any other sales document, which is not required for the Recupel contribution for professional EEE.

Click here for further information on the visible fee

Website specified by the Management Body

The Management Body disseminates all information and documents as part of this Entry Agreement through Recupel vzw on the website www.recupel.be or any other website replacing it and whose address is communicated to the Co-contractor in accordance with the procedures provided for in this Entry Agreement. Co-contractors who do not have access to the Internet, can, upon simple written request, periodically receive the available information on paper, yet at the most once a month.

WEEE

Waste electrical and electronic equipment as referred to in the Legislation, however, in the context of this Entry Agreement only to the degree and for the period mentioned on the product list of the Management Body, available on the website specified by the Management Body.

8.3   Framework Agreement (260030)

This agreement forms a general framework in which the Management Body is prepared to provide its services, subject to compliance by the Co-contractor with their obligations.

The further development of the terms of this framework agreement, which satisfy the conditions under which the Management Body's services can be called on, can be found on the website specified by the Management Body.

8.4   Services provided by the Managing Body (260040)

a. General

The Management Body aspires to implement a collective system for the take-back of WEEE for the execution of the Environmental policy agreements. The Management Body relies on Recupel vzw for its practical execution. In this context, the Management Body can be represented and/or replaced by Recupel vzw for all its rights and obligations resulting from this Entry Agreement.

The services provided by the Management Body are clarified on the website specified by the Management Body. For obligations not covered by the collective system, the Co-contractor remains personally liable.

Click here for further information on services provided by the Management Body 

b. Services for domestic EEE

Services for domestic EEE are provided in exchange for an all-in contribution, unless determined otherwise on the basis of this Entry Agreement.

c. Services for professional EEE

For professional EEE the Management Body can determine whether an all-in contribution or an administrative contribution is requested. The services provided by the Management Body for professional EEE for other services than those included in the administrative contribution can be optionally stipulated by the Co-contractor, within the options offered by the Management Body, as referred to on the website specified by the Management Body or in an offer drawn up by the Management Body, for the purpose of specific services. Optional services will be invoiced separately at the rates and in the way stipulated on the website specified by the Management Body.

d. Services for Co-contractors who use a collection and processing mechanism not certified by the Management Body

The services for Co-contractors who use a collection and processing mechanism not certified by the Management Body can only be provided by the Management Body subject to the Co-contractor fulfilling certain additional reporting obligations.
More specifically, the Co-contractor undertakes to report the required information with regard to the collection, the transfer, the depollution, the processing and the recycling of the WEEE for all collected, transferred, depolluted processed and recycled WEEE, by or for the account of the Co-contractor, using the reporting tool provided by the Management Body, as made available on the Website specified by the Management Body. This reporting needs to be complete and correct and in accordance with the requirements on the Website specified by the Management Body, taking into account the applicable obligations in pursuance of the Environmental policy agreements. The aforementioned reporting obligation only applies for WEEE for which a collector and/or processor certified by the Management Body is not used, as indicated on the Website specified by the Management Body.

e. Right of further claim

The Management Body, in its own name or through its representative Recupel vzw, reserves the right to make a further claim for Recupel contributions after one calendar year, yet at the latest before 30 June of the year following the relevant calendar year. This claim can be made if and to the degree that it appears from its annual accounts for the relevant calendar year that the Recupel contribution, any reserves and the contributions received for the other services do not cover its expenses of the same calendar year incurred in the context of the take-back obligation for WEEE for a more detailed product category. The claim is distributed, as needed, between the Co-contractors in proportion to the appliances marketed by the Co-contractor.

8.5   Co-contractor's obligations (260050)

a. General

The Co-contractor undertakes to comply with all the obligations by virtue of this Entry Agreement, as well as with obligations by virtue of Legislation, which were not expressly transferred to the Management Body through this Entry Agreement.

b. Updating of identification sheet

The Co-contractor undertakes to ensure the full and accurate reporting of data to the Management Body through the identification sheet, made available on the website specified by the Management Body, and ensures the immediate reporting to the Management Body of any change in data.

Click here for further information about the updating of the identification sheet.

The Management Body shall not be held liable for any damage incurred as a result of the late adjustment by the Co-contractor of this data.

Amended data can only be invoked against the Management Body if the change is implemented through the forms/sheets made available by the Management Body and announced to the Management Body in a communication method accepted by the Management Body.

c. Payment of Recupel contribution

In order to enable the Management Body to provide its services, the Co-contractor is to pay a Recupel contribution for each EEE marketed in Belgium, possibly with a minimum or maximum total amount.

Click here for more information on the minimum or maximum total amount.

The amount of the Recupel contribution owed varies depending on the time when the EEE is marketed in Belgium and is posted in the Management Body's product lists referred to on the website specified by the Management Body. The Management Body undertakes to inform the Co-contractor in a timely manner, in compliance with Legislation and procedures referred to on the website by the Management Body, about changes in the product list and the time of implementation of said changes.

Click here for further information on the way in which you are informed about changes in the product lists and their implementation.

Unless otherwise stipulated in this Entry Agreement or otherwise agreed between the Management Body and the Co-contractor, concluded in compliance with the provisions of this Entry Agreement, this Recupel contribution payment obligation applies from the day a Recupel contribution is owed for the relevant type of EEE in compliance with the Management Body's product list until the end of the notice period of said Entry Agreement.

d. Declaration of marketed EEE

Periodic declaration

The Co-contractor undertakes to submit a full and accurate declaration, on a quarterly basis and at the latest on the 20th day after the end of a quarter, of the EEE marketed in the previous quarter in the way stipulated by the Management Body and posted on the website specified by the Management Body.

Click here for further information about the way in which you are to submit declarations.

The relevant Co-contractor can, as needed, opt to submit monthly declarations, yet only if the declaration is submitted electronically in the way outlined on the website specified by the Management Body. The relevant parties are to inform the Management Body of this choice in advance through their identification sheet. The option to submit monthly declarations is a one-off choice, which must be made by the Co-contractor before submitting the first declaration. The option to submit monthly declarations can be relinquished at any time, but this choice is irrevocable.

The Management Body reserves the right to claim fixed compensation from the Co-contractor if the latter fails to submit the declaration in the way laid down by the Management Body and the Management Body is forced to process the reported quantities manually. The amount of said compensation is posted, as needed, on the website specified by the Management Body.

Click here for further information on factoring in the contribution into the administrative costs.

Annual summary

The Co-contractor is to confirm on an annual basis before 30 June the accuracy of the annual summary of the periodic declarations submitted during the previous calendar year, or to indicate corrections to be implemented compared to periodic declarations submitted earlier.

To this end the Management Body will forward, before 30 April an annual summary model to persons authorised to bind the Co-contractor, as they appear from the Co-contractor's identification sheet. The Co-contractor is to alert the Management Body at the latest by 15 May of the relevant year if the annual summary model was not received.

The Co-contractor confirms the accuracy of the annual summary and, where appropriate, communicates the corrections to be implemented in the way specified by the Management Body on the annual summary model.

Failure to confirm the accuracy of the annual summary in the way requested by the Management Body shall be equated with the agreement with the data stipulated on the annual summary. In such cases the Management Body is authorised to have an audit conducted in compliance with the provisions of this Entry Agreement. Article 8.d. of this Entry Agreement also applies.

Click here for further information on the annual summary. 

e. Retroactive membership and prescription of the declaration and payment obligation of the Recupel contribution

The Co-contractor undertakes to submit declarations and to pay Recupel contributions from the date of implementation of the Management Body's first product list, which includes the EEE marketed by the Co-contractor, unless agreed otherwise in writing by the Management Body. This declaration is to be submitted within two months of acceptance of the Entry Agreement by the Co-contractor.

In the event that a written and deviating regulation is agreed with the Management Body, the Co-contractor accepts that the Management Body does not cover him for his take-back obligation for WEEE and the associated obligations for periods preceding the date on which the Management Body takes over the take-back obligation from the Co-contractor. Deviating regulations must always be put in writing and only apply after signature by the president of the Management Body and the managing director of Recupel vzw. The Co-contractor accepts that the Management Body informs the competent authorities of such deviating regulations.

The Recupel contribution owed retroactively is calculated on the basis of the product lists as they apply at the time of the marketing of the relevant EEE. Default interests are calculated on this retroactively owed Recupel contribution at the legal interest rate.

As a departure from the aforementioned, the Co-contractor is only liable for declarations and payment of the Recupel contribution for periods for which the Management Body is entitled to an audit, in compliance with the provisions of this Entry Agreement.

Click here for further information on the retroactive Recupel contribution.

f. Mandates

The Co-contractor is entitled to have his declaration obligation and Recupel contribution payment obligation taken over by one or more foreign suppliers who have concluded an Entry Agreement to this end with the Management Body.

In order for the Co-contractor to be able to transfer his obligations in a way that can be invoked against the Management Body, the foreign suppliers are to be mandated and their mandate communicated to the Management Body, using the forms available on the website specified by the Management Body.

Click here for further information on mandating a foreign supplier. 

However, the Co-contractor shall remain jointly and severally liable vis-à-vis the Management Body for all obligations resulting from the Entry Agreement and shall continue to authorise audits as stipulated in this Entry Agreement.

Foreign suppliers taking over the obligations from the Co-contractors on the basis of the Entry Agreement.

A foreign supplier can conclude an Entry Agreement with the Management Body subject to the following cumulative conditions:

(a) The foreign supplier is located in an EEA country

(b) The foreign supplier undertakes to deliver a detailed annual summary split per Co-contractor in a way as posted on the website specified by the Management Body

(c) The foreign supplier undertakes to, on an annual basis, hand over a list of details for Co-contractors, for which he has taken over the obligations on the basis of the Entry Agreement, as posted on the website specified by the Management Body

(d) The foreign supplier undertakes to adequately inform the Co-contractor, for whom he has taken over the obligations on the basis of the Entry Agreement, about the scope of the mandate and the obligation to communicate this mandate to the Management Body.

The remaining provisions of this Entry Agreement remain in full force for foreign suppliers who conclude an Entry Agreement with the Management Body.

Click here for further information on the obligations on the part of foreign suppliers vis-à-vis Recupel.

g. Audits

The Management Body can have audits conducted at any time in order to check the accuracy of the information submitted by the Co-contractor. The Co-contractor undertakes to fully cooperate with said audits, among others, by providing access to his premises and all relevant accounting documents, whether or not stored electronically.

These audits are carried out by a Recupel vzw representative or by a third party appointed by Recupel vzw, who are all subject to a confidentiality obligation vis-à-vis the Management Body.

Audits can be conducted both in the Co-contractor's premises and remotely. In the event of remote audits, the Co-contractor is to hand over the documents requested by the Management Body to the Management Body within a predetermined period. The Management Body is free to determine whether an audit is conducted in situ or remotely.

Except for the cases listed below, audit fees shall be borne by the Management Body:

(a) The owed Recupel contributions, calculated on the basis of a random check, exceed by 10% or more the total paid Recupel contributions for the audited period.

(b) The Co-contractor does not cooperate with the announced remote audit despite two registered letters, so that an audit in situ has yet to be performed.

(c) The audit in situ agreed between the Management Body and the Co-contractor cannot take place due to circumstances to be blamed on the Co-contractor (e.g., absence or unavailability of the required documents, absence of the Recupel responsable person, closed doors, etc.).

(d) The Co-contractor has failed to confirm the accuracy of the annual summary within the allocated time and in the stipulated fashion, as laid down in this Entry Agreement.

Where applicable, audit and/or travel costs will be charged to the Co-contractor.

The Co-contractor is entitled to expect the declaration to be audited by a recognised corporate auditor, identified by the Management Body, instead of by a Recupel vzw representative or by a third party appointed to this end by Recupel vzw (other than a recognised corporate auditor). The expenses incurred by this audit are borne by the Co-contractor and are posted, on a fixed sum basis, on the website specified by the Management Body.

Click here for further information on potential fees charged for audits.

In view of an audit, the Co-contractor undertakes to maintain a thorough file consisting of calculation components and documents required to draw up the declarations.

The right of the Management Body to have an audit carried out on the accuracy of the information communicated by the Co-contractor for a specific calendar year expires after seven calendar years from the year following the calendar year to which the annual summary refers.

The period of prescription of the right to have an audit carried out is nonetheless automatically, without further formalities being required, suspended if it appears from an audit of the Co-contractor prior to the expiry, that the information provided by the Co-contractor for the relevant period is incomplete or inaccurate. This suspension of the prescription also applies, as needed, to calendar years following the year in which inaccuracies were observed in the information provided by the Co-contractor. The suspension of the period of limitation ends after a formal written announcement signed by Recupel vzw's managing director to the effect that the observed inaccuracies for the relevant calendar year were adequately remedied.

Click here for further information on the periods that may be audited.

Any dispute with respect to the application of this Entry Agreement submitted to the court in charge of this Entry Agreement interrupts the period of limitation provided for in this Entry Agreement. A new period of limitation of the right of the Management Body to have an audit performed on one calendar year begins, where applicable, to run on the day the judicial decision has become final, and this for all calendar years from the last calendar year to which no period of limitation applied at the time the dispute was submitted before the competent courts. This new period of limitation can be suspended in compliance with provisions in the previous section.

h. Statement of data

Upon the first request, the Co-contractor is to provide the Management Body with all the information requested by the authorities in charge of the WEEE take-back obligation and deemed useful by them for the evaluation and audit of the compliance with the WEEE take-back obligation.

i. (Only for Co-contractors who use a collection and processing mechanism not certified by the Management Body). Reporting with regard to the collection, the transfer, the depollution, the processing and the recyling of WEEE.

The Co-contractor undertakes to make a complete and correct declaration of the collected, transferred, depolluted, processed and/or recycled WEEE as laid down by the Management Body in the course of the duration of this Entry agreement, that were not collected and processed by the collector and/or processor certified by the Management Body, as indicated on the Website specified by the Management Body.

The Management Body can at any time request a certificate of an ISO 17020 accredited inspection body and have audits conducted to check the correctness of the information provided by the Co-contractor. Section g. of article 5 of this Entry agreement, relating to audits of declarations of marketed EEE is applicable mutatis mutandis.

The Co-contractor undertakes to grant access to the Management Body or Recupel vzw or an appointed independent inspection body of the depollution, processing, reporting and monitoring process at all times. This audit can be conducted both at the co-contractor, the subcontractor or third parties with which he works. The Co-contractor undertakes to provide every co-operation in the conducting of this audit and shall make all information, data and documents available that may be useful for this audit.

8.6   Refund of Recupel contributions (260060)

a. Hypotheses and refund conditions

The Co-contractor can request a refund of the all-in contributions provided the following conditions are met. No refund is possible for administrative contributions.

Export

The Co-contractor can request a refund of the all-in contribution he has paid to his supplier for the purchase of EEE or which he has paid to the Management Body or Recupel vzw when marketing the relevant EEE, if he has (subsequently) exported them to natural or legal persons established outside of Belgium.

This right, is only created provided:

(a) an all-in contribution was paid to the Management Body or to Recupel vzw in execution of an Entry Agreement when these EEE were marketed; and

(b) the Co-contractor has paid the all-in contribution to his supplier or to the Management Body or to Recupel vzw; and

(c) the Co-contractor is able to satisfactorily demonstrate to the Management Body or to Recupel vzw that the EEE have actually been exported to natural or legal persons established outside of Belgium (e.g., by means of export documents or transport documents or by means of proof of foreign payment).

The right to the refund of the all-in contribution is created at the time of the sale to the natural or legal person established abroad.

Click here for further information on Export.

Use for assembly

The Co-contractor can request the refund of the all-in contribution he has paid to his supplier for the purchase of EEE or which he has paid to the Management Body or to Recupel vzw upon marketing the relevant EEE, if he assembles said appliance in the EEE within the meaning of the Legislation and this assembly is such that the original EEE purchased with the payment of an all-in contribution can no longer be used independently from the assembled appliance within the meaning of the Legislation.

This right, however, is only created provided:

(a) an all-in contribution was paid upon marketing the purchased EEE to the Management Body or to Recupel vzw in execution of an Entry Agreement; and

(b) the Co-contractor has paid the all-in contribution on the (purchased) EEE to his supplier, to the Management Body or to Recupel vzw; and

(c) the Co-contractor is able to satisfactorily show the assembly to the Management Body.

The right to refund of the all-in contribution is created as soon as the Co-contractor markets or exports the newly assembled EEE within the meaning of the Legislation.

Click here for further information on use for assembly.

Distance selling

The Co-contractor can request the refund of the all-in contribution he has paid to his supplier upon the purchase of EEE or which he has paid to the Management Body or to Recupel vzw when marketing the relevant EEE, if he has (subsequently) sold them to a consumer, whereby foreign value-added tax is owed by the Co-contractor, without, however, this sale being exempt from Belgian VAT due to export.
The right to refund of the all-in contribution is created at the time of the sale to the consumer with the charging of the foreign VAT.

Click here for further information on sales with foreign VAT.

Defective appliances

The Co-contractor can request the refund of the all-in contribution he has paid to the Management Body or to Recupel vzw when marketing EEE, which he has subsequently taken back due to a defect.

This right, however, is only created provided:

(a) the Co-contractor is able to satisfactorily demonstrate to the Management Body or to Recupel vzw that the defective EEE are actually exported outside of Belgium (e.g., by means of export or transport documents);

or

(b) the Co-contractor in Belgium ensures the destruction of the relevant EEE and can evidentially demonstrate said destruction (e.g., on the basis of a contract with a waste processor or through the destruction of the defective EEE in agreement with the government services competent for VAT).

Click here for further information on refunds for defective appliances.

b. Formalities to be completed

The Co-contractor can submit a request for refund of the all-in contribution through the provided column on the declaration forms available on the website specified by the Management Body.

The obligations included in this Entry Agreement with respect to declarations of marketed EEE, including the obligation with respect to the annual summary and the obligation to cooperate in audits apply mutatis mutandis.

c. Cancellation of the right to refund of the all-in contribution

Unless expressly agreed otherwise in writing by the parties, the Co-contractor is no longer entitled to the refund of the all-in contribution and is deemed to no longer be entitled to the all-in contributions refunded him:

(a) If the Management Body at the latest by 30 June of a given calendar year has still not received an Annual Declaration with respect to the requests for refunds of the all-in contribution for appliances purchased or imported with payment of the all-in contribution during the previous calendar year.

(b) If the information and documentation submitted by the Co-contractor is either not sufficient to support the right to refund of the all-in contribution, or displays other flaws or deficiencies, (a) which are of a nature to have/have had a direct or indirect impact, of any nature whatsoever, on paid or yet to be paid Recupel contributions either to Recupel, or to a third party, or (b) which are of such a nature that they can have/have had a direct or indirect impact, of any nature whatsoever, on the refund of the all-in contributions.
Where applicable, Recupel can reclaim the all-in contribution it has already refunded prior to the termination of the Co-contractor's right to refund (whether or not through net settlement). The reclaimed all-in contributions are, without any proof of default, increased by an interest equal to the legal interest rate from the date of the refund of the all-in contribution to the Co-contractor.

Click here for further information on the cancellation of the right to refund.

8.7   Invoicing of Recupel contributions (260070)

As of 1 July 2008 the Management Body has transferred all existing and future claims it holds against the Co-contractor to Recupel vzw. Recupel vzw will draw up invoices and/or credit notes in compliance with the periodic declarations submitted by the Co-contractor for the marketed EEE or for requests for refund of the Recupel contribution for domestic EEE as well as in compliance with corrections made by the Co-contractor through the annual summary or in compliance with observations made as a result of an audit performed in application of this Entry Agreement.

The Co-contractor accepts that the Management Body or Recupel vzw makes its invoices available electronically to the Co-contractor in the way clarified on the website specified by the Management Body. Co-contractors who wish to receive a paper invoice are to report this to the Management Body through their identification sheet, available on the website specified by the Management Body. Where applicable a contribution will be charged in the administration costs, as posted on the website specified by the Management Body.

Click here for further information on electronic invoicing

The Co-contractor is to pay said invoices within 30 calendar days of invoice date in the way specified by the Management Body or Recupel vzw. For each amount not paid within this period, the Co-contractor shall owe, legally and without further formal proof of default or formality, negligence interest at the legal interest rate and this until full payment of the outstanding amount.

Without prejudice to negligence interest becoming due, in case of non-payment within 10 days following a registered demand for payment, fixed damages of 10% on the invoice amount shall be owed, with a minimum of EUR 100 and a maximum of EUR 2,500 to cover the collection charges. Court costs, including legal procedure expenses, are not included in these fixed damages and shall therefore be claimed in addition from the Co-contractor following legal proceedings.
Without prejudice to negligence interest becoming due, where applicable, the costs linked to the collection of unpaid invoices (e.g., collection agency, bailiff and/or lawyer fees) shall be legally borne by the Co-contractor.

8.8   Sanctions in case of late, incorrect or missing return (260080)

a. Fixed invoice

If the Co-contractor incorrectly files his declaration for EEE marketed during the previous quarter or fails to file within the period stipulated in Article 4 of this Entry Agreement, the Management Body or Recupel vzw will send a fixed declaration proposal for said period to the Co-contractor, within the period and in the way stipulated on the website specified by the Management Body.

In the fixed declaration proposal, the owed Recupel contributions are calculated on the basis of the average of the three most recent monthly declarations or the most recent quarterly declaration submitted by the Co-contractor, increased by 25%. If the Management Body does not have three of the Co-contractor's declarations, the owed Recupel contributions will be calculated on the basis of two or one submitted declaration(s), also increased by 25% as a result of the lack of (correct) declarations. If no declarations were submitted a fixed amount will be invoiced to the Co-contractor on a quarterly basis, as posted on the website specified by the Management Body.

If the Co-contractor, after having received the fixed declaration proposal, fails to submit an update of the fixed declaration proposal by referring to the marketed EEE for the relevant quarter before the 20th of the month after the month in which the declaration should have been submitted to the Management Body by the Co-contractor, a fixed invoice will be drawn up on the basis of the data communicated in the fixed declaration proposal.

Fixed invoices are to be paid within a period of ten days in the same way as invoices drawn up in compliance with regular declarations. Payment of a fixed invoice does not affect the right of the Management Body to claim a higher amount, if the Management Body is subsequently informed of the correct data to be declared (other than by a declaration by the Co-contractor himself), legally and without further proof of default or formality, increased by negligence interest at the legal interest rate from the date on which the declaration should have been submitted and this until the full payment of the outstanding amount in compliance with the Entry Agreement.

Without prejudice to negligence interest becoming due, where applicable, the costs linked to the collection of unpaid invoices (e.g., collection agency, bailiff and/or lawyer fees) shall legally be borne by the Co-contractor.

Click here for further information on fixed invoices.

b. Rectification stage

If the Co-contractor still submits the (correct) declaration for the EEE marketed in the relevant quarter before the 20th of the month after the month in which the declaration should have been submitted to the Managing Body by the Co-contractor, the fixed declaration proposal will expire, as well as the 25% increase. In this case, an adjusted invoice on the basis of the declaration submitted by the Co-contractor is drawn up. However, the Co-contractor is to pay this adjusted invoice within the payment period of the fixed invoice, in the way specified by the Management Body. For each amount not paid within this period, the Co-contractor shall legally and without further proof of default or formality, owe negligence interest at the legal interest rate until full payment of the outstanding amount.

Without prejudice to negligence interest becoming due, where applicable, the costs linked to the collection of unpaid invoices (e.g., collection agency, bailiff and/or lawyer fees) shall legally be borne by the Co-contractor.

c. Missing annual summary

If the Co-contractor fails to confirm the accuracy of the annual summary or to communicate the data update on the annual summary to the Management Body within a period of one month of the date of the written reminder to submit this document, a penalty will be owed in compliance with the percentages posted on the website specified by the Management Body. The Management Body can waive the imposition of said penalty in the event of a first violation and subject to submission of an objective reason for the late confirmation of the annual summary.

Click here for further information on penalties imposed for missing annual summaries

d. Deliberate wrongful charging or reclaiming of Recupel contributions

The Management Body or Recupel vzw is entitled to invoice double the erroneously charged or reclaimed Recupel contributions to Co-contractors who deliberately:

- charge Recupel contributions to customers and do not appear to pay them to the Management Body or Recupel vzw, or to another Management Body within the meaning of the Law (e.g., for items of any nature whatsoever, which are not referred to in the Management Body's product lists or applying a higher rate than the one provided in the Management Body's product lists);

or

- request refund of Recupel contributions that were never paid to their supplier, to the Manageme,t Body or to Recupel vzw.

Invoices drawn up in compliance with this provision are to be paid within a period of ten days. The relevant invoice amount will be increased legally and without further proof of default or formality with negligence interest at the legal interest rate from the date on which the relevant sums were received on the account by the Co-contractor and this until full payment of the outstanding amount in compliance with the Entry Agreement.

Without prejudice to the negligence interests becoming due, where applicable, costs linked to the collection of unpaid invoices (e.g., collection agency, bailiff and/or lawyer fees) shall be legally borne by the Co-contractor.
Each occurrence of a deliberate wrongful charge or request for refund of Recupel contributions, in any way whatsoever, automatically suspends, without further formalities being required, the prescription of the payment obligation of both appropriately and inappropriately charged or reclaimed Recupel contributions. This suspension of the period of limitation also applies, as needed, to calendar years following the year in which inaccuracies were observed in the information communicated by the Co-contractor. The suspension of the period of limitation ends with a formal written letter signed by Recupel vzw's managing director, to the effect that the amount owed to the Management Body on the basis of this provision, was paid in full.

8.9   Obligations entered into by the Managing Body (260090)

a. Compliance with the Legislation's obligations

The Management Body undertakes to strictly comply with its obligations based on Legislation.

b. Confidential processing of collected data

The Management Body, as well as Recupel vzw, its representatives and third parties appointed by it, undertake to keep confidential all financial or commercial information with which it will be entrusted by the Co-contractor or of which the Management Body may become aware during the execution of the Entry Agreement.

This confidentiality obligation does not affect the information obligation the Management Body has or may have under the Legislation.

The Management Body is authorised to include the name of the Co-contractor in a list of all Co-contractors. This list may be used in full or in part in its own publications and/or announcements and may be communicated to the authorities in charge of the WEEE take-back obligation. Except for the name of the Co-contractor, the use by the Management Body of brands, logos or other identification information involving the Co-contractor, more particularly for information purposes, is only possible subject to a written authorisation in which the terms of use are determined.

When the agreement with a Co-contractor is ended, whether on the initiative of the Management Body or that of the Co-contractor, the reason for the termination may be made public.

c. Ruling procedure

The Management Body rules on the requests regarding the application of the Entry Agreements and the Management Body's product lists. These rulings are established for special situations or for EEE for which doubt may exist regarding the valid classification on the basis of the Management Body's product lists.

Such rulings are made in compliance with provisions in force at that time in the Entry Agreement and the Legislation and the Management Body's existing product lists.

The request is submitted to the Management Body by means of a special form, available on the website specified by the Management Body. The request must be explained in detail.

The Management Body strives to respond to ruling requests within a period of six weeks of the date of submission of the ruling request. The Management Body furthermore strives for as short a response time as possible, depending on the nature and complexity of the request. At the latest within five working days of the date on which the request is complete, the Management Body informs the applicant about the assumed response time. The originally assumed period can be adjusted during the investigation, depending on new aspects that are added by the applicant during the investigation or which may result from other aspects observed during the investigation.

The Management Body can request additional information in order to complete the submitted request.

No ruling decisions will be made:

(a) about situations or transactions that are identical to the ones that form the object of a dispute within the meaning of this Entry Agreement between the Co-contractor and the Management Body;

(b) about requests that require consultation with the competent authorities and for which the Management Body is not authorised to take a stand unilaterally;

(c) about provisions, which create negligence interests or penalties.

A ruling decision is always made by a college of at least two persons appointed to that end by the Management Body. A list of persons authorised to make ruling decisions is posted on the website specified by the Management Body. Only ruling decisions signed by sufficient authorised persons are binding to the Management Body.

Click here for further information on the ruling procedure.

Except in cases where the subject of the request so justifies, the decision is made for a period not exceeding five years.

The ruling decision is binding to the Management Body, except:

(a) if the conditions under which the decision is governed are not met;

(b) if it appears that the situation or the type of EEE, for which a ruling request is submitted by the applicant, is described incompletely or inaccurately, or if essential components of the special situation appear to be different than described by the applicant;

(c) in the event of subsequent amendments to the Legislation and/or the Management Body's product lists, on the basis of which any reasonable person, familiar with the WEEE take-back obligation, would have made another ruling decision.

In theory the ruling decision only applies to the applicant or their legal successors.
Ruling decisions can be posted anonymously on the website specified by the Management Body, in compliance with the confidentiality obligation.

Answers to queries made and processed other than in the context of the aforementioned ruling procedure are provided for information only and are not binding to the Management Body.

Click here for further information on the ruling procedure.

d. Transfer of administrative tasks by the Management Body

The Management Body may outsource services involving the declaration, collection of invoices and audits with respect to the Recupel contributions to be paid as well as other administrative services of the collective system (such as ruling services) to one or more other entities, with the intervention of Recupel vzw. These entities must nonetheless always adhere to the confidentiality obligation.

 

8.10   (For ICT sector only) Compensation for activities performed under the Co-contractor's own management (260100)

The Co-contractors may receive compensation from the Managing Body for the WEEE for which they show that they were themselves responsible for their taking back under their own management and their export and/or processing.

To this end, the Co-contractor is to file an annual declaration by means of the special form made available by the Managing Body on the website specified by the Managing Body.

The Managing Body determines per product group the compensation that can be refunded to the Co-contractor for the WEEE taken back under their own management and exported and/or processed WEEE. The Managing Body can adjust the amount of the compensation once per calendar year. The rate is announced through the website specified by the Managing Body.

The Co-contractor is to submit to the Managing Body the necessary documents to support the requests for refund by the Managing Body. The Managing Body determines by means of the submitted documents, whether the contractor can benefit from compensation and will, upon non-acceptance, provide a well-founded and written response to the Co-contractor.

The Co-contractor is responsible for the announcement, where applicable, to the regional authorities of the way in which the various laws are complied with for the WEEE they have taken back under their own management and have exported and/or processed and for which they have requested compensation to the Managing Body.

8.11   Duration of the agreement (260110)

This agreement is open-ended.

8.12   Termination of the agreement (260120)

a. Termination of the services provided by the Management Body

Unless agreed otherwise in writing between the Co-contractor and the Management Body, the Management Body, after the expiry of the notice period or after the termination of the Entry Agreement in the event of termination due to non-compliance, is no longer responsible for the execution of the take-back obligation for WEEE marketed by the Co-contractor and this regardless of whether the relevant WEEE are marketed during periods for which a valid declaration was submitted with the number of marketed EEE and payment of the Recupel contribution was made.

As a departure from the aforementioned, the Management Body continues to satisfy the take-back obligation for WEEE marketed between 1 July 2001 and 2 January 2007, insofar as the Co-contractor has paid the Recupel contributions for the relevant appliances in compliance with the Management Body's product lists.

In principle, the Management Body is prepared to conclude a different written agreement with the Co-contractor about the termination of the services if the Co-contractor's individual plan, approved by the authorities in charge of the WEEE take-back obligation, provides sufficient guarantees that EEE marketed during the execution of the individual plan can be distinguished from EEE marketed during the term of the Entry Agreement.

In the event of termination of the current Entry Agreement, either due to non-compliance or based on no-fault, the Co-contractor is to provide a guarantee to the competent regional authorities from which it appears that the management of WEEE resulting from domestic EEE marketed during the term of this agreement will be financed. The guarantee can be in the form of recycling insurance, a blocked bank account or a contribution of the Co-contractor to suitable financial regulations for the financing of the management of WEEE.

b. No-fault termination

The Entry Agreement may be terminated by the parties in compliance with a notice period of six months.

During this notice period, the parties remain bound to comply with all obligations on the basis of the Entry Agreement. The Co-contractor is, under penalty of sanctions provided in this Entry Agreement, after the end of the notice period, bound to confirm the data of the annual summary until the end of the notice period. The standard audit period provided for in this Entry Agreement continues to run after the end of the notice period.

The notification of the termination takes place under penalty of nullity either by registered letter with acknowledgment of receipt, or by means of a summons.

The notice period starts to run from the first calendar day of the month following the date of receipt of the termination notification.

The Parties may terminate the Entry Agreement unilaterally by simple written notification if:

- the Management Body were to be dissolved or should permanently cease its activities;

- the Co-contractor has been declared bankrupt, has entered into a judicial settlement or has been wound up (other than in the context of a reorganisation, such as a merger or split-up or an operation assimilated thereto, in accordance with the Companies Code or similar legislation of another country).

c. Dissolution due to non-compliance

The Parties may legally dissolve the Entry Agreement, without further formalities, in the event of any type of non-compliance with the obligations imposed on the basis of this Entry Agreement and insofar that said non-compliance is not remedied within 30 calendar days of receipt of the notice of default.

The notice of default is to be sent under penalty of nullity either by registered letter with acknowledgment of receipt or by means of a summons.

Without prejudice to the right to compensation of any nature whatsoever, in the event of dissolution due to non-compliance, the sums paid by the Co-contractor remain permanently acquired by the ManagementBody or in the event of dissolution due to non-compliance by the Management Body sums unpaid by the Co-contractor remain permanently not due.

d. Announcement of the dissolution of the Entry Agreement

In the event of dissolution of the Entry Agreement, the Management Body is to immediately inform the authorities in charge of the WEEE take-back obligation in writing.

8.13   Disputes (260130)

In the event of disputes regarding the validity, interpretation or execution of this Entry Agreement, the Parties undertake to consult each other in view of reaching an amicable settlement. In the absence of an amicable settlement, the dispute is to be submitted to the courts.

In the event of a legal dispute, only the courts of the judicial district of Brussels shall be competent.

8.14   Applicable law (260140)

This Entry Agreement is governed by Belgian law

8.15   Modifications (260150)

The Management Body reserves the right to unilaterally change the terms of this Entry Agreement and the specific terms of service, subject to the approval of the majority within the Management Body's Board of Directors.

Any change or expansion of this Entry Agreement is deemed to form an integral part of this Entry Agreement.

The Management Body will inform the Co-contractor at least one month before the implementation of the new terms of the Entry Agreement or of any other new terms of service, by any means it deems suitable, including an online announcement on the website specified by the Management Body.

Co-contractors who do not (yet) have an Internet connection are to report this fact and will receive, in exchange for payment of a contribution listed on the Management Body's website, information via post about the implemented changes. Such written announcements of changes will take place at the most once a month, together with the invoicing of the indicated Recupel contributions.

If as a result of such changes the Co-contractor does not accept the new conditions, the member may cancel the Entry Agreement within one month of the announcement of the changes, through the means deemed suitable by the Management Body.

8.16   Transitional provisions (260160)

1. This Entry Agreement lawfully replaces the Entry Agreement concluded earlier with the Management Body for EEE marketed from 3 January 2007. For Co-contractors who had concluded an Entry Agreement earlier and have marketed EEE at an earlier date, the provisions of the previously signed Entry Agreement will continue to apply until 3 January 2007 and this to the extent that for the relevant EEE the audit period as provided in this Entry Agreement has not yet expired. This implies, among others, that under no circumstances can a departure from the retroactive membership for these EEE be secured.

If the Co-contractor does not accept the terms of this Entry Agreement, the member may cancel the Entry Agreement within a month of the announcement of this Entry Agreement, through the means deemed suitable by the Management Body.

2. Agreements or information obtained from the Management Body or Recupel vzw or from representatives or mandatories from the Management Body or Recupel vzw about the application of the Entry Agreement or the application of the Management Body's product lists concluded or requested before 3 January 2007 legally expire on 31 December 2007. The relevant Co-contractors can, however, request a ruling decision applicable to the future from the Management Body, for confirmation of the information obtained in the past, in compliance with the method described in the Entry Agreement for securing a Ruling decision.

3. Co-contractors who have concluded an Entry Agreement prior to 30 June 2008, may, as a departure from the provision on the monthly declaration option under Article 5.d. of this Entry Agreement, announce their one-off choice for monthly declarations provided this choice is announced in the way indicated on the website specified by the Management Body and this at the latest prior to the submission of the declaration with respect to EEE marketed during the second quarter of 2008.

8.17   Final provisions (260170)

1. Under no circumstances may the Co-contractor transfer the Entry Agreement without prior written consent of the Management Body.

2. Except for specific announcing methods determined in this Entry Agreement, any announcement can be made as part of this Entry Agreement by any means deemed suitable by the Management Body, including an online announcement on the website specified by the Management Body.

3. Except if the Co-contractor has concluded an Entry Agreement earlier with the Management Body and consequently transfer provisions apply, this Entry Agreement shall become effective on the date of acceptance of this agreement by the Co-contractor.

This acceptance appears from the communication of a duly completed identification sheet to the Management Body in accordance with the methods provided by this Entry Agreement and will be confirmed by the Management Body by the sending of a registration form, from which membership in the Management Body appears. This registration form can be transferred to the Co-contractor by any means deemed acceptable by the Management Body, including an online announcement on the website specified by the Management Body.

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