WASTE LAW NO. 79/2015 Coll. LEGISLATIVE DEVELOPMENTS
17th March 2015 accepted in the National Council of the Slovak Republic
21st April 2015 published in the Collection of Laws. Effective from 1st January 2016
The Act itself has been amended 11 times, the latest amendment to the Act on Waste Act No. 312/2018 Z.z. effective from 1st January 2019
Laws
Law No.79 of March 17, 2015 on Waste and on Amendments to Certain Acts:
- Time version from: 1st January 2019 to: 30th June 2019
- Time version from: 1st July 2019 to: 31st December2022
ACT No 299 of 17 October 2018 on fees for waste disposal and amending and supplementing Act No. 577/2004 Coll. on the Environmental Fund and on amending and supplementing certain acts as amended
Regulations
REGULATION No.365 Of the Ministry of the Environment of the Slovak Republic of 13th November 2015, establishing the Waste Catalog (amended by Decree No. 320/2017 Coll.) – The time version of the regulation effective from: 1st January 2018
REGULATION No.366 of the Ministry of Environment of the Slovak Republic dated July 28, 2015 on the Obligation and Reporting Obligation – Time Version of the Regulation effective from: 1st January 2019
REGULATION No.371 of the Ministry of Environment of the Slovak Republic of 13 November 2015 implementing certain provisions of the Waste Act – Time Version of the Regulation effective from: 1st January 2019
REGULATION No.373 of the Ministry of Environment of the Slovak Republic dated July 28, 2015 on extended liability of producers of reserved products and on the management of reserved waste streams
REGULATION No.382 of the Ministry of the Environment of the Slovak Republic of 10 December 2018 on landfilling and storage of waste mercury
Ministry of the Environment of the Slovak Republic 368 of 9th September 2015 – Decree 1_2015 on Uniform Methods of Analytical Waste Control
EXTENDED PRODUCER RESPONSIBILITY EPR
WHAT IS EPR:
Summary of the obligations of the manufacturer of a reserved product relating to a product during all phases of its life cycle, aimed at preventing waste from a dedicated product and strengthening the reuse, recycling or other recovery of such waste.
These include, in particular, the requirements for ensuring the material composition or design of the reserved product, the information on its composition and the management of the reserved waste stream, to ensure the management of the reserved waste stream and to ensure the financial coverage of those activities).
(This concerns the manufacturer of the reserved product. The manufacturer of the reserved product is a natural person, entrepreneur or legal person who places the product on the Slovak market.)
Packaging products (represented in municipal waste)
Packaging products (represented in municipal waste)
Non-packaging products (represented in municipal waste)
Electrical equipment and electrical waste (represented in municipal waste)
Batteries and accumulators and their waste (represented in municipal waste)
Vehicles and old vehicles (represented in municipal waste)
Waste tires (not represented in municipal waste)
STARTING A RESTRICTED PRODUCT ON THE MARKET OF THE SLOVAK REPUBLIC
manufacturing
import
distribution
GENERAL OBLIGATIONS OF THE MANUFACTURER OF THE RESTRICTED PRODUCT (Section 27 (4), (5))
Registration in the Exclusive Product Manufacturers Registry + Notification of Changes to Registered Data
Ensure in accordance with a separate section of the Act (reference to Act No. 529/2010 Coll. On Ecodesign.
– the material composition of the product
– its construction
– its designation
Ensure the recovery and recycling of the exclusive waste stream at least at the binding targets and recovery and recycling limits for the dedicated waste stream set out in Annex no. 3 of the Act.
Keep and keep records and report data to the Ministry within the specified scope and keep the reported data.
Calculate your collection share and market share in accordance with a separate section of the law, based on data published by the ministry on its website,
To ensure the fulfillment of the collection targets set out in Annex no. 3a of the Act:
from 1st July 2019 to 30th June 2020 40%
from 1st July 2020 to 20th June 2021 50%
from 1st July 2021 to 20th June 2022 60%
Ensure the removal of the entire amount of separately collected municipal waste belonging to the dedicated waste stream at the municipality where it is responsible for the dedicated waste stream
It shall bear all the financial costs associated with the collection, transport, preparation for re-use, recovery, recycling, treatment and disposal of separately collected goods belonging to a dedicated waste stream, except where the distributor fulfills these obligations.
Fulfill the information obligation in relation to the end users of the reserved product in accordance with a separate section of the Act and in the manner provided for.
Ensure the disposal of the reserved waste stream to the extent and in the manner specified in the separate section of the Act.
Establish an authorized representative for a foreign manufacturer.
PACKAGING MANUFACTURER - BASIC TERMS §52
Package
PACKAGING is a product that is used to pack, protect, handle, deliver and present goods, from raw materials to products, from a manufacturer to a user or consumer that meets the criteria listed in Annex 7 of the Act; packaging is also considered to be non-returnable packaging used for the same purposes.
Consumer packaging
Consumer packaging is a package intended for the immediate protection of goods or a group of goods, which at the point of purchase constitutes a unit of goods for the end user or for the consumer.
Group package
A group package is a package intended to form a group of a number of goods units at the point of purchase, whether or not it is sold to the end user or the consumer, or serves as a means of supplying goods at the time of sale; it can be removed from the goods without violating its properties.
Transport packaging
A transport container is a package designed to facilitate the handling and transportation of a number of unit items or group packages to prevent physical damage in handling and transportation, the container is not a road container, a rail container, a container or an air container.
Reused goods
Reusable packaging is a package designed to carry out at least two journeys or circulation during its lifetime, which is repeatedly refilled or reused for the same purpose for which it was intended; such packaging becomes a packaging waste if it is not reused, at the moment of its disposal.
The packaging manufacturer is a legal person - entrepreneur or legal entity
(a) uses packaging for the packing of goods or fills goods in packaging and markets such goods under its trade mark,
(b) is the person for whom the goods are packed or bottled and under which trade mark the goods are marketed,
c) places on the market goods in packages in a manner other than those referred to in letters a) and b), or transports or has goods transported through the state border of the Slovak Republic in packages and places them on the market or for distribution in the Slovak Republic
(d) as a distributor, remit or return the packaging to the end-user for the immediate packing of the goods (eg plastic bags, paper bags, plastic bags,…)
(e) as a distributor, use packaging for the packaging of distributed goods or parts thereof, or filling with distributed goods (eg plastic cups, beverage cups, bags, paper, thermo bags,…),
(f) market packaging, with the exception of a person who supplies unused empty packages to the persons referred to in (a), (b) (c), (d) or (e) or to a person who packages or performs the goods for a person under letters b).
MANUFACTURER OF NON-PERFORMANCE PRODUCTS §73
Non-packaging product
A non-packaging product is a product that is not a packaging or not intended for packaging and belongs to one of the following product groups and waste from which it will form part of the municipal waste
Plastic products
Plastic products consisting of PET material, excluding raw materials, preforms and fibers for industrial use and plastic products consisting of PE, PP, PS, PVC or PA materials, fibers and articles for industrial use.
Paper and cardboard
Paper and paperboard, imported articles of paper and paperboard, including printing products, except: 1. sanitary and sanitary paper; 2. paper products used for sanitary and sanitary purposes; 3. cigarette paper; 4. carbon copy paper; 5. filter paper; 6. paper and paperboard for making tar paper; , 8th Books (books from 1.1.2018 definitive).
Glass
Glass including pane glass
The manufacturer of a non-packaging product is a person who, in the course of his business, by contract, including a contractual relationship concluded at a distance
A
Produces or has a non-packaging product manufactured and places it on a market in the Slovak Republic,
B
Transports or has the non-packaging product shipped from another Member State to the Slovak Republic and places it on the market in the Slovak Republic
C
Imports or has a non-packaging product brought into the territory of the Slovak Republic from a non-member state and places it on the market in the Slovak Republic.
.
- a) the manufacturer of non-packaging products complies with § 27 sec. 4 obliged to provide:
collecting, transporting, recovering, recycling and disposing of wastes in non-packaging products which it has placed on the market and are part of the separately collected municipal waste components, in full, at least in the collection objective set out in Annex 3.
Informing final-users about how to collect waste from non-packaging products .
If the manufacturer of non-packaging products cannot demonstrate that non-packaging products placed on the market do not form part of the municipal waste after their consumption, these wastes are considered to be part of the municipal waste.
The manufacturer of the non-packaging product fulfills the reserved obligations laid down by this Act solely on the basis of a contract concluded with a producer responsibility organization for packaging providing a bundled waste management system.
Manufacturers who place on the market or distribute up to 100 kg of non-packaging products annually perform their duties in part (they are not obliged to participate in the financing of the system, the administrative obligations remain in full).
RESPONSBILITY FOR BREACH OF OBLIGATIONS Section 117 CORRECT DELICIES
The fine shall be imposed by the competent state administration body of the waste management to a legal entity or natural person – an entrepreneur who breaches the obligations stipulated by this Act.
Fines
from 500 to 50 000 €
Record keeping (including packaging); registration obligation change (also packaging); obligations for backed up packaging; material composition of packaging (registration, reporting); obligations of distributors of backed up packaging;
from 800 to 80 000 €
Breach of obligations for backed up packages – both manufacturer and distributor
1 200 to 120 000 €
Registration obligation, registration (also packaging); information duty (including packaging); collection and recovery up to the collection rate (non-packaging);
1 500 to 200 000 €
Breach of producer responsibility organization´s obligations and producers’ obligations individually;
2 000 to 250 000 €
Labeling of packaging; meeting goals and limits (packaging);
from 4 000 to 350 000 €
Failure to adhere of the permissible amount of heavy metals in packaging; violation of prohibitions;