Transposition of the Directive on the reduction of the impact of certain plastic products on the environment through Act no. 430/2021 Coll., which amends the Waste Act and the Act on the Deposit of Disposable Beverage Packaging and the amendment will enter into force on 1 December 2021.
Transposition amendment to Act no. 79/2015 Coll. on waste and on the amendment of certain laws as amended (hereinafter referred to as the “amendment”), which was approved by the National Council of the Slovak Republic on 2 November 2021, transfers definitions, obligations and limitations of disposable plastic products from the European Parliament and European Council Directive on the reduction of the environmental impact of certain plastic products from 2019/904 of 5 June 2019.
The transposed provisions form a new separate part in the amendment, namely the eighth section entitled "Special plastic products". Transferred to Section 8 have been the obligations of producers manufacturing:
- a separate plastic product (selected packaging and non-packaging products);
- fishing gear containing plastics;
- tobacco products with filters and filters placed on the market intended to use in combination with tobacco products, sanitary napkins, tampons and tampon applicators, pre-wet wipes for personal and household use.
We have processed the amendment according to the individual effective dates.
Effective December 1, 2021
- Manufacturer of plastic beverage cups, including their closures and lids, and plastic food containers i.e., boxes with/without lids used for foodstuff intended for direct consumption either at the point of sale or at a place other than the point of sale, usually consumed directly from that container and ready for consumption without any further preparation, such as cooking or heating , including food containers intended for fast food or for any other food intended for direct consumption, except beverage containers, plates and packaging and bags containing foodstuffs. The manufacturer has the following obligations in relation to these products:
- Require payment - according to the amendment, in case the manufacturer is providing the disposable plastic product to the final consumer for the consumption of food and beverages at a place other than the place of sale, the manufacturer is obliged to provide the product for a fee. The manufacturer him/herself shall inform the final consumer accordingly.
- Alternative - at the same time, the manufacturer is obliged to offer the final consumer a reusable alternative or a biodegradable alternative.
- Respect the ban on supply - according to the amendment, it is prohibited to provide disposable plastic products for consumption of food and beverages at the point of sale in permanent public and fast food establishments and disposable plastic dishes at public events to the end consumer. In the case of providing biodegradable products, the organizer of the public event is obliged to ensure their subsequent separate collection.
- Keep records and ensure reporting - the manufacturer of disposable plastic product keeps and preserves records of individual products placed on the Slovak market and reports data from the records to the Ministry of the Environment of the Slovak Republic to the extent specified and keeps the reported data.
- Prepare a report on measures - the manufacturer of a disposable plastic product annually prepares a report on measures taken to reduce consumption and not later than on the 30th of April notifies the Ministry of the Environment of the Slovak Republic of the progress in reducing consumption.
- Manufacturer of disposable plastic products, namely sanitary napkins, tampons, tampon applicators, wet wipes i.e., pre-wet wipes for personal and household use, tobacco products with filters, filters placed on the market intended to use in combination with tobacco products and beverage cups is obliged to mark these products with information for consumers before placing them on the Slovak market. The information for consumers must include information on:
- the most appropriate ways of handling the product or waste disposal methods to be avoided when the product becomes waste; the recommendation should be in line with the waste management hierarchy
- the presence of plastics in the product and its negative effects on the environment when the product becomes waste.
The marking shall be affixed to the packaging of the product, to the individual package or to the product itself in such a way as to be distinct, legible and indelible in accordance with the specifications set out in Commission Implementing Regulation (EU) 2020/2151 of 17 December 2020 laying down rules for harmonized labeling specifications for disposable plastic products set out in Part D of the Annex to Directive (EU) 2019/904 of the European Parliament and Council (EU) on the reduction of the environmental impact of certain plastic products. As a result of errors in the language version of the given Implementing Regulation, a Corrigendum to Commission Implementing Regulation (EU) 2020/2151 of 17 December 2020 was published in the Official Journal of the European Union of 5 March 2021. This corrigendum lays down rules for harmonized labeling specifications for disposable plastic products set out in Part D of the Annex to Directive (EU) 2019/904 of the European Parliament and Council (EU) on the reduction of the environmental impact of certain plastic products.
Example of product marking:
Manufacturer of plastic food containers and cups as specified in point 1 of this Article; the manufacturer of the products specified in point 2 of this Article, the manufacturer of the packaging and sachets made of flexible material containing foodstuffs intended for direct consumption from that packaging or sachet without any further preparation; beverage containers with a capacity of not more than three liters i.e., liquid containers, such as beverage bottles, including their closures and lids, and composite beverage containers, including their closures and lids, except from glass or metal beverage containers with plastic closures and lids; balloons except from balloons not distributed to the consumer and intended for industrial or other professional use and consumption; lightweight plastic bags with a wall thickness of less than 50 micrometres and fishing gear containing plastics:
- informs and
- motivates final users of disposable plastic products to behave responsibly in order to reduce environmental pollution from waste from these products,
. to use available reusable alternatives,
. to use the correct way of disposing of the products when they become waste,
. on the enviromental impact of an inappropriate way of disposing of waste from disposable plastic products and fishing gear containing plastics,
. on the impact posed on sewerage of an inappropriate way of disposing of these products when they become waste
Effective January 1, 2023
With effect from 1 January 2023, the registration obligation and the reporting obligation pursuant to the Waste Act are performed electronically via the information system.
From 1 January 2023, the extended producer responsibility of special plastic products referred to in point 1 of this Article shall apply. The extended producer responsibility shall also apply to packages and sachets made of flexible material containing foodstuffs intended for direct consumption from that package or sachet without any further preparations; beverage containers with a capacity of not more than three litres i.e., liquid containers, for example beverage bottles including their caps and lids and composite beverage containers including their caps and lids, except from glass or metal beverage containers with plastic caps and lids, lightweight plastic bags; placed on the market for use in combination with tobacco products. The manufacturer of the above disposable plastic products is ordered to bear the costs:
- of measures to increase awareness of their products placed on the market of the Slovak Republic,
- associated with the collection, transport, recovery, recycling, treatment and disposal of waste from these products,
- associated with the cleaning of the environment contaminated by waste from these products, which was not disposed of in the local waste collection systems.
The scope of this awareness goes beyond the usual obligation to inform on waste management, which results from the extended responsibility of packaging producers and producers of non-packaging products.
A manufacturer of tobacco products may, for the purposes of these obligations, set up a specific waste collection infrastructure for those products.
With effect from 1 January 2023, state administration bodies may not procure the purchase of beverages in disposable packaging for the purposes of their activities.
Effective July 3, 2024
In the case of beverage packaging (beverage bottles including caps and lids, composite beverage packaging) with a capacity of up to 3 liters, from 3 July 2024, the manufacturer of disposable plastic product will be obliged to place it on the Slovak market only provided that their closures or lids made of plastic remain during intended use of the product affixed to the beverage packaging.
Effective December 1, 2024
The extended responsibility of a special plastic product producer will come into force in the next phase from 1 December 2024 and will apply to wet wipes i.e., pre-wet wipes for personal and household use; balloons except from balloons not distributed to the consumer and intended for industrial or other professional use and consumption; tobacco products with filters and filters placed on the market intended to use in combination with tobacco products and fishing gear. The manufacturer of the given products is obliged to:
- bear the costs of measures taken to increase awareness of their products placed on the Slovak market;
- bear the costs of cleaning up the environment contaminated by waste from these products, which was not disposed of in the local waste collection systems;
- keep and preserve records of products placed on the market of the Slovak Republic and report data from the records to the Ministry of the Environment of the Slovak Republic to the extent specified and keep the reported data;
- if it has its registered office or place of business in the territory of the Slovak Republic and sells the said products in another Member State, from 1 December 2024, it shall appoint an authorized representative in the given Member State to fulfill its obligations in relation to these products.
Effective January 1, 2025
From 1 January 2025, the producer of disposable plastic product is obliged to place on the market in the Slovak Republic beverage bottles made of polyethylene phthalate (hereinafter PET beverage bottles) containing at least 25% recycled plastics of the total number of PET beverage bottles listed in the territory of the Slovak Republic by a specific manufacturer of disposable plastic product. This producer will report annually to the Ministry of the Environment of the Slovak Republic on the content of recycled plastics in the beverage packaging placed on the market by him/her.
Effective January 1, 2030
From 1 January 2030, the minimum level of recycled plastics used for the production of beverage bottles will increase to 30% of the total amount of plastic beverage bottles listed in the territory of the Slovak Republic and will apply to beverage bottles (not only PET beverage bottles).
