Frequently asked questions – packaging producers

1. How to register into the Register of Packaging Producers?

The packaging producer is obliged to ask Ministry of Environment for an entry to the Register of Packaging Producers before placing of products on the market. The format for application is attached to the Regulation No. 373/2015 Coll. on Extended Producer Responsibility of the producers of specified products an on handling of the specified waste streams as the Annex No. 3 (hereinafter referred to as “Regulation EPR”).

After contracting of the cooperation agreement on the performance of producer obligations with the PRO NATUR-PACK, the application for entry to the Register is submitted by NATUR-PACK.

2. Is it necessary to mark the packaging?

Packaging marking pursuant to the Waste Act is not obligatory. However, if you decide to mark the packaging you has to do it in compliance with the Act as follows:

  • if you decide to mark the packaging by definition of its material composition you has to do it in compliance with the special Commission Directive No. 97/129/ES of January 28th, 1997, setting out the identification system for packaging material in compliance with the Directive of the European Parliament and Council 94/62/EC on packaging and packaging waste (Extraordinary edition of the OJ of the EU, chapter 15/ 3, L 50, February 20th, 1997),
  • marking according to the preceding paragraph shall be clearly visible and easily legible, and it shall be appropriately durable and lasting, including when the packaging is opened,
  • packaging can be marked also by the data on handling (Annex No. of the EPR Regulation 14 EPR No. 373/2015).

3. How can the packaging producer ensure the performance of his obligations regarding the collection, recovery and recycling?

The Act allows two methods of ensuring of the obligations as follows:

  • INDIVIDUALLY, by creation of the system of individual packaging waste management – this method is possible only in case when the producer is able to demonstrate that his waste will not be a part of the municipal waste! Moreover, an authorization shall be granted to him for performance of the individual ensuring by the MoE SR. The particular form of the demonstration is not defined by the Act.
  • COLLECTIVELY BY MEANS OF PRODUCER RESPONSIBILITY ORGANIZATION (so called PRO) for packaging.

PRO for packaging ensures performance of the obligations for both, packaging and non-packaging products.

4. If joining the NATUR-PACK system, which obligations result for the packaging producer towards the PRO NATUR-PACK?

The packaging producer is obliged, pursuant to the Waste Act, to submit to the PRO complete and true data and information necessary for a proper performance of the transferred obligations, and also to reimburse the expences resulting from performace of these obligations.

The PRO NATUR-PACK ensures for its clients, in addition to the submission of the application to the Register, also the notification of modifications of data included in the application to the Register to the MoE SR not later than 30 days after modification occurs. Thus, it is important that our client will inform us about such modification without delay.

Moreover, the packaging producer submits to the PRO NATUR-PACK a quarterly report on the amount of packaging placed on the SR market. Based on the quarterly report on the packaging amount put on SR market producer will pay a quarterly remuneration to the PRO. The remuneration depends on the amount of packaging placed on the market and the fees for individual packaging materials. The fees result from the actual costs related to the collection and processing of the packaging waste.

The PRO NATUR-PACK further ensures the collection, transport, recovery and recycling of necessary amount of the packaging waste, and elaborates an annual report for the Ministry on the basis of reported amounts.

Education activities and awareness campaigns for the end-users are an integral part of the transferred obligation and the PRO NATUR-PACK certainly ensures these activities.

5. What is ensured by the PRO NATUR-PACK to the represented producers?

The PRO NATUR-PACK ensures also the performance of the obligations other than the specified obligations on behalf of the represented producers, e.g.:

  • registration in the Register of Packaging Producers and notification of modifications,
  • keeping of evidence,
  • collection, recovery and recycling of packaging waste to the full extent, minimally to the amount of the collection share and defined limits,
  • market share and collection share,
  • elaboration and delivery of the report based on the evidence of ensured recovery and recycling to the MoE SR,
  • information delivery to the consumer, promotional and educational activities,
  • advisory in the sector of Extended Producer Responsibility (EPR) for packaging.

6. Does the Act defines any exceptions for small producers?

Yes, the Waste Act defines the limit of 100 kg of packaging. Only selected obligations are relevant for the producer who places on the market the total amount of less than 100 kg of packaging per calendar year, e.g.:

  • to be registered in the Register of Producers of Specified Products and to notify any modifications of registered data,
  • to record and to keep the evidence,
  • to notify to the Ministry data from the evidence in the defined extent and to keep the reported data.