Packaging, containers used for the packaging of products

Draft act on the deposit return scheme for disposable beverage containers and on amendments to certain acts

The purpose of the draft act is to introduce a deposit return scheme for disposable plastic and metal containers for beverages. Producers of packaging, including disposable beverage containers, are currently subject to extended producer responsibility introduced by Act No 79/2015 on waste and on amendments to certain acts, as amended. The producers of such packaging fulfil their obligations via authorised producer responsibility organisations. Given that roughly 60 % of disposable plastic packaging placed on the market is collected through the current system for collecting plastic and metal beverage packaging and considering that beverage packaging is a frequent constituent of litter pollution (loose waste), the Ministry of the Environment of the Slovak Republic (hereinafter the ‘Ministry’) prepared a draft act to introduce a special deposit return scheme to achieve a higher collection rate of waste from this packaging. This legislation also concerns the status of the Administrator of the Deposit Return Scheme for Disposable Beverage Containers (hereinafter the ‘administrator’). According to the draft act, the administrator is an entity serving as an umbrella organisation for the functioning of the entire deposit return scheme, which is used by packaging producers to fulfil their obligations in relation to disposable beverage containers placed by them on the market. The administrator is a non-profit organisation providing public benefit services, which is created by producers of disposable beverage containers specified by the Ministry. Legal entities authorised to establish the administrator will be selected on the basis of a public call and a technical assessment made by the Ministry. The administrator’s key roles include the creation and financing of the deposit return scheme, the clearing of deposits and promotion of the deposit scheme. In order to fulfil its roles, the administrator needs to enter into a contractual relationship with producers and distributors of disposable beverage containers.