Packaging (packaged products) and packaging waste

Draft Act amending Act No 477/2001 on packaging and on amendments to certain acts (Packaging Act), as amended

The subject of regulation of the draft Act is, among other things, the establishment of conditions for fulfilling take-back obligations, including the establishment of the minimum density of the collection network, the introduction of the possibility of appointing an authorised representative for foreign entities placing packaging on the market or into circulation in the Czech Republic, regulation of the means of establishing the amount of fees for joint fulfilment of take-back obligations and packaging waste utilisation on the part of an authorised packaging company (APC) or the establishment of new obligations for APCs (such as conducting ‘eco-modulation’ or data verification, or creating financial reserves). Furthermore, the amendment revises definitions such as the addition of definitions of composite packaging or oxo-degradable plastic packaging, and at the same time harmonises several definitions with the Waste Act. The draft Act additionally regulates potential future situations in which multiple APCs operate in the Czech Republic, establishes a means of offsetting the costs of individual APCs and the ‘coordination’ process associated with doing so. It also establishes new long-term goals for recycling and the overall use of packaging waste resulting from Directive (EU) 2018/852. The goal of the proposed changes based on application practice which go beyond the scope of transposition is primarily to achieve greater transparency and efficiency of the functioning of the APCs. These include banning APCs from fulfilling the obligations of other entities or guaranteeing their fulfilment on the part of an APC, as well as a ban on favouring entities which have concluded a joint fulfilment agreement with an APC.

Keywords: waste, packaging waste, authorised packaging company