| 
| 
FAQ
1. Who is an obliged person?
Act on Packaging No. 529/2002 defines an obliged person as a packer, filler and entrepreneur that places on the market packaging or packed products, except for producers of packaging. The following are obliged persons:
-
packers and fillers (persons packing or filling a product in a container),
-
entrepreneurs placing on the market packaging, except for producers of packaging (importers of packaging into Slovakia),
-
entrepreneurs placing on the market packed products (importers of packed products into Slovakia as well as producers of products packed and placed on the market by themselves).
A product is placed on the market at the moment when it first passes, whether for a consideration or not, from the stage of production or import to the stage of distribution, even if it is designated for own purposes (Article 2(e) of Act No. 264/1999 Coll. on Technical Requirements for Products and Compliance Assessment).
2. What obligations must be fulfilled by the obliged person to comply with the Act on Packaging?
Under the Act on Packaging, the obliged persons must fulfil the following obligations:
-
to meet the binding targets for recovery and recycling set by Government Ordinance No. 220/2005 Coll.,
-
to record packaging and packaging waste as well as to report the records to the Slovak Ministry of Environment,
-
to register with the Slovak Ministry of Environment,
-
to mark packaging,
-
to arrange for a deposit on packaging,
-
prevention.
For a full summary of the obliged person’s obligations and sanctions for their breach click here.
3. How can the obliged person meet the recovery and recycling targets?
The Act allows the obliged person to meet the binding targets for recovery and recycling in the following two ways:
-
INDIVIDUALLY: the obliged person can meet the targets on its own without a contractual relationship with other entities (e.g. if packaging waste is produced from products used only in the operations of the obliged person)
-
THROUGH AUTHORIZED ORGANIZATION: the obliged person participates in an authorized organization’s system.
4. What does the obliged person need to do to meet the binding recovery and recycling targets individually?
To fulfil the statutory obligations individually the obliged person must:
-
calculate the volume of packaging waste it is obliged to recycle and recover in the particular year (based on Government Ordinance No. 220/2005 setting the percentage of the given packaging material from the volume of packaging the obliged person placed on the Slovak market for the particular year),
-
create a functional system of packaging waste collection; the obliged person can collect not only waste from packaging it placed on the market, but also waste from other packaging placed on the market by other obliged persons; however, it always has to be the same packaging as the packaging placed on the market by the obliged person (glass, plastics, paper and metals),
-
collect some percentage of packaging waste of a specific packaging material and provably recycle or recover this waste. WARNING!!! A confirmation certifying the delivery of waste to a collection company is not enough; you need confirmation certifying waste recycling or recovery by a licensed recycling or recovery company!,
-
fulfil the obligation to record packaging placed on the market and meet the binding recovery and recycling targets, including the obligation to report under Article 10 of the Act on Packaging and Decree of the Slovak Ministry of Environment No. 210/2005 Coll..
All the above obligations can be transferred by the obliged person to an authorized organization that will fulfil all the obligations of the obliged person under the Act on Packaging.
5. What is an authorized organization?
Act on Packaging No. 529/2002 defines the authorized organization as a third party providing for the meeting of the binding targets referred to in Article 8 (2) on behalf of obliged persons. An authorized organization is also obliged to apply for registration in the Obliged Persons Register. Upon meeting all the statutory obligations, the Ministry of Environment registers the authorized organization in the Obliged Persons Register. It means that without registration of the particular entity in the Obliged Persons Register the entity is not considered to be an authorized organization as specified in the Act on Packaging.
)){kind=link}
6. What does the authorized organization provides for the obliged persons?
The authorized organization provides for the following:
- record-keeping of packaging waste,
- packaging waste collection,
- packaging waste recovery and recycling,
- meeting of the binding targets for packaging waste recovery and recycling,
- reporting of recovery and recycling records to the Slovak Ministry of Environment.
7. What is the quantity limit for fulfilling the obligation to collect, recover and recycle packaging waste for obliged persons?
Zákon č. 529/2002 Act on Packaging No. 529/2002 does not set the lowest quantity/weight limit on packaging for which the above obligation must be met, so this obligation also applies to, for instance, 1 kg/year packaging placed on the market.
8. If the obliged person has fulfilled the obligation to collect, recover and recycle packaging waste within the scope of the binding targets, is it obliged to pay a contribution to the Recycling Fund under Act on Waste No. 409/2006 Coll.?
No, it is not. Act no. 409/2006 (Articles 44, 44a, 46 and 48) specifies that the obligation to make a contribution to the Recycling Fund does not apply to packaging, the producer or importer of which provides waste collection and recovery/recycling for packaging under Article 8 (2) of Act on Packaging No. 529/2002.
9. If I participate in NATURPACK, who is responsible for record-keeping and who is responsible for reporting?
The obliged person keeps records of packaging placed on the Slovak market (Art. 10 of the Act on Packaging). Reports from the records are sent to the Ministry of Environment (Art. 10 (1), Letter b)) by the obliged person through the authorized organization - NATUR-PACK, a. s. that provides for meeting the set targets for packaging waste recovery and recycling on behalf of the obliged person. Under the Act on Packaging, the obliged person is responsible for record keeping and sending reports from records to the District Environment Office and Recycling Fund.
10. If I participate in NATURPACK who shall file an application for registration in the Obliged Persons Register?
An application for registration in the obliged Persons Register is filed by the authorized organization NATUR-PACK, a. s. that provides for meeting the set targets for packaging waste recovery and recycling on behalf of the obliged person pursuant to Article 8 (2) of the Act on Packaging. The authorized organization notifies the Ministry of Environment of any changes of the obliged person’s data provided in the application for registration in the Register no later than 30 days after the change.
11. Do obliged persons risk fines for breaching the obligations under the Act on Packaging?
The obliged person shall fulfil the obligations resulting from the Act on Packaging immediately upon its establishment or from the time it started to place packaging or packed products on the market. Pursuant to Article 9 of the Act, the obliged person shall also apply for registration in the Obliged Persons Register within 2 months after the moment it has to meet the obligation referred to in Article 8 (2), i.e. the obligation to provide for packaging waste collection and recovery/recycling within the scope of the binding targets set in the Government Ordinance. This obligation had to be met for the first time by the end of February 2003.
If the obliged person has failed to fulfil the obligations referred to in the Act on Packaging from January 1, 2003 or from a later date the authorized organization was established, it risks a fine under Article 17 of the Act on Packaging.
If your query has not been answered here, you are welcome to contact our customer service department.
