Lawful obligations of packaging and non-packaging producers:
According to §54, §55 and §74 of the Waste Act no.79/2015 Coll.:
- to register in the Register of Producers of Specified Products and report any changes in the registered data
- designate an authorized representative if the producer does not have company seat in Slovak republic,
- Producers of specified products shall bear all financial costs associated with the collection, transport, preparing for reuse, recovery, recycling, reuse, processing and disposal of separately collected waste falling within a specified waste stream,
- producer who designs, manufactures, markets or distributes packaging, is required to ensure the composition and properties of the packaging allowing its re-use, recovery / recycling as outlined in appendix no. 13 of Decree 373/2015 Coll.
- the packaging manufacturer and the person placing the packaging on the market is obliged to adhere to the maximum admissible values of the sum of the concentration levels of the reserved heavy metals in the packaging
- the manufacturer of the packaging and the person placing the packaging on the market is obliged to mark the heavy metal content in the packaging by indicating the material composition of the packaging with the appropriate graphic mark given in Annex no. 14. of Decree 373/2015 Coll.
- the manufacturer of plastic pallets / boxes is obliged to retain the technical documentation for submission by the control authorities necessary to demonstrate compliance with the requirements for the placing of packaging on the market for at least four years.
- Person manufacturing the packaging from glass, or if such person is not in Slovak republic, the producer of goods that are put into glass packaging shall report the quantities of heavy metals in glass packaging to the waste management administrative authority if the average concentration levels of heavy metals IS exceeding the limit pursuant to §53 4. c) point 3. Of the Waste Act 79/2015 Coll.
- the manufacturer of the packaging is obliged to provide visible, reasonably durable and easily legible labelling of the packaging by indicating its material composition according to special regulations, if the producer chooses to label packaging this way – according to Annex no. 14. Decree 373/2015 Coll.
- the producer of the packaging placing the goods on the market in a packaging subject to a deposit is obliged to provide a visible, reasonably durable and easy-to-read label of that packaging as a packaging subject to a deposit
- the packaging manufacturer has an obligation to inform the public about the form of how to collect the waste from the packaging
- the manufacturer of the packaging placing the goods on the market in the packaging subject to a deposit
- shall be obliged to deposit the packaging, keep the amount of the deposit and withdraw the reusable packaging in accordance with the conditions under section 2. §54, where the amount of deposit for backed up reusable beverage containers, the way of their labelling is stipulated in §18 to §20 of the Decree. 373/2015 Coll.
- the manufacturer of the packaging marketing the goods in the backed-up reusable packaging subject to deposit has the obligation to withdraw this packaging and to repay the deposit in full, to inform the consumer of the amount of the deposit and to inform the distributor and the consumer about the change of the types of reusable packaging subject to deposit. If the packaging manufacturer ceases to use the packaging subject to deposit, it is obliged to disclose this fact without delay, in particular in the media and in the store directly
- the manufacturer of a non-packaging product has the obligation to inform end-users about the way of securing the collection of waste from non-packaging products that are part of municipal waste covered by the information obligation of the packaging manufacturer with respect to the end users of the packaging §5 sect. 3 of the Decree No. 373/2015 Coll.
Obligations of the packaging distributor:
- Packaging distributors who distribute goods in packaging subject to a deposit shall apply the deposit system for this packaging and comply with the prescribed deposit amounts
- Distributors of packaging who distribute goods in reusable packaging subject to a deposit shall collect reusable packaging subject to a deposit of the same kind and type as that they have distributed, without any quantitative restrictions and without making the collection conditional on the purchase of goods, and they shall refund the deposit in full; this shall apply even in the case that they cease to use a certain type of packaging subject to a deposit, for the period of at least six months from the date of making the notice public. Packaging distributors shall proceed so as to ensure that there is an adequate number and availability of collection points, which shall correspond to the number of points of sale of packaged goods.
- Distributor of packaging distributing goods in reusable packaging subject to deposit has the obligation to ensure that the removed packaging is handed over to the manufacturer or to the distributor of the packaging which charged him with a deposit
Note: this obligation is based on reciprocity, as opposed to the previous one, consisting in a direct relationship between the same persons within the two commercial grades, between the seller and the consumer. The provision is a mandatory statutory framework that does not prevent the packaging distributor from creating (retaining) return model more comfortable for consumers
- Packaging distributors who distribute beverages in other than reusable packaging by selling them to consumers shall, at the point of sale thereof, also distribute beverages of the same kind in reusable packaging, if such beverages are available on the market in the Slovak Republic in reusable packaging. This obligation shall not apply to packaging distributors distributing these beverages in a sales area of less than 200 m2
- If a packaging distributor supplies directly to end-users packaging that comes from producers of packaging not entered in the Register of Producers for the specified waste stream, the obligations of a producer of packaging under this Act in relation to this packaging and the waste therefrom shall be transferred to the distributor
- Packaging distributors who have exported reusable packaging outside the territory of the Slovak Republic or removed it from reuse shall immediately inform of this fact the producer of the packaging who placed this packaging on the market or distributed it, provided that the identification details of the producer of the packaging can be found on the packaging
- Producer of a non-packaging product has obligation to inform end-users about the way of securing the collection of waste from non-packaging products that are part of municipal waste, subject to the information obligation of the packaging manufacturer in relation to the end users of the packaging § 5 sect. 3 of Decree No. 373/2015 Coll.