1. Evolving Framework: Recent Changes to EPR Legislation in Croatia

Croatia recently implemented significant updates to its EPR regulations for packaging, WEEE (Waste Electrical and Electronic Equipment), batteries, and other products. These changes, effective November 2023, aim to align Croatia with EU standards and promote sustainable waste management.

Key Changes:

• Packaging Regulations:
  • Fully implements EU Packaging and Single-Use Plastics Directives.
  • Defines new producer responsibilities, including web platforms.
  • Requires foreign companies to appoint authorized representatives.
  • Introduces a mandatory deposit system for single-use beverage packaging.
  • Establishes new rules for deposit labels.
  • Mandates financing for anti-littering measures, prohibits lightweight plastic bags, and promotes beverage cup consumption reduction.
• Regulation on Special Waste Management:
  • Maintains most existing EPR requirements for WEEE and batteries.
  • Requires producers of automotive and industrial batteries to cover full end-of-life financing.
  • Imposes EPR obligations on web platforms.

2. Understanding EPR Policy: Shifting Responsibility and Design Incentives

The OECD defines EPR policies as those that:

• Shift Responsibility Upstream: Producers, not municipalities, take on the financial and logistical burden of waste management for their products.
• Incentivize Sustainable Design: Producers are encouraged to consider environmental impacts throughout the product lifecycle, promoting eco-design and resource efficiency.

3. Targeted Products: Prioritizing Waste Streams

While EPR can apply to any product, Croatia focuses on three core categories:

• WEEE (Waste Electrical and Electronic Equipment): High volume and often contain toxic components.
• Packaging: Significantly contributes to waste streams.
• Batteries: Contain hazardous materials and require specialized handling.

These categories pose environmental risks when improperly disposed of.

4. Who Needs to Comply? Identifying EPR Producers

Any business that manufactures, imports, sells, or brand-owns products or packaging covered by EPR regulations can be considered a producer. Companies meeting any of these criteria must review EPR legislation in every country they operate in to ensure compliance. Additionally, some countries may have thresholds, such as minimum turnover or product quantities, that determine if a business is subject to EPR obligations.

5. Navigating Compliance with Interzero

Interzero, a global waste management and recycling leader, offers expertise in EPR compliance across Europe. With over 30 years of experience and an international team, we can help your business understand its EPR obligations in Croatia.

Additionally, Interzero provides:

• An online portal to easily manage your EPR compliance in Croatia (https://epr.interzero.hr).
• Assistance in simplifying and digitizing the compliance process.

By partnering with Interzero, businesses can ensure compliance and contribute to a more sustainable future.

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Have you come across any irregularities in the text?

Contact us at info@oro.hr!

What does this mean for foreign producers and webshops that deliver to Croatia?

Foreign producers as well as webshops (online internet platforms) that have their business headquarters in another country are obliged to authorize in writing a registered person in Croatia who, as an authorized representative, is responsible for fulfilling their obligations.

In doing so, it is important to emphasize that foreign producers have obligations in Croatia only and exclusively if they place packaged products on the Croatian market by direct sale to a natural person – a citizen through a distance contract (online).

If a foreign producer sells directly to B2B end users or distributors, there is no obligation to fulfill EPR obligations. A Croatian company that buys products for its own use or resale has these obligations.

Why is that so?

Placing on the market is considered the first registration or first entry into the business records of a product by a company/trade registered in Croatia. As according to Croatian regulations, every purchase and sale between legal entities represents a business event that must be subject to accounting records, therefore every invoice must be entered in the business books, this means that the company/trade registered in Croatia, which first in Croatia, is liable for the payment of the management fee records the product and therefore puts the product on the market in the territory of Croatia.

As natural persons – citizens do not have this obligation of accounting records and the mentioned products as well as the associated packaging are not registered in the business books – the foreign producer is obliged to fulfill the EPR obligations for that part of the packaging, which, as we have already stated, fulfills its obligation through an authorized representative.

What about products sold through online platforms to citizens?

A network internet platform that provides a distance sales service to producers who have not registered in the Register/Fund as described above, is considered a producer for all quantities of products placed on the market by such a producer and is responsible for fulfilling the obligations of that producer. If the online platform is based outside Croatia, it is also obliged to appoint an authorized representative in Croatia.

Let’s go back to the ways and terms of data delivery

The legally prescribed deadlines for the delivery of packaging information is once a month by the 20th day of the month for the previous month.

Until the Registry is established (and currently is not established) these deadlines do not apply and data are sent quarterly by the 10th of the current month for the previous quarter.

Foreign producers send the data to the authorized representative as agreed, but before the deadline for submitting the data to the Fund, so that the authorized representative has enough time to prepare a report and fulfill obligations before the Fund on behalf of the foreign producer.

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Ordinance on the management of special categories of waste in the Fund system (OG 124/23)

It contains procedures and conditions for managing waste EE equipment, waste vehicles, waste batteries and accumulators, waste tires and waste oils, under one place.

It is important to define that the producer means producer of products that are placed on the market in the Republic of Croatia, regardless of the sales method, using remote communication, that sells EE equipment, B&A (portable B&A as stand-alone products) directly to households or non-household users in the Republic of Croatia, and has its business headquarters in another EU member state or a third country. But the obligation to authorize an authorized representative in the Republic of Croatia have only those that sell directly to a natural person, to a citizen (household or B2C). Others can fulfil their obligations by themselves, but they can also be supported in actions when help is needed.

The news is that it is defined also that a network (internet) platform that doesn’t have its business headquarters on the territory of the Republic of Croatia, is considered a producer and, relying on the above, must authorize an authorized representative in the Republic of Croatia.

Producer with business seat outside Croatia = an AR in Croatia

Ordinance on packaging and waste packaging, single-use plastic products and fishing gear containing plastic (OG 137/23)

Provisions apply to all packaging placed on the market and to all waste packaging, regardless of the material used.

The principle is the same… Producer of packaged products that has business headquarters in another EU member state or a third country and sells directly to a natural person, to a citizen (household or B2C) is obliged to authorize, in writing, an authorized representative in the Republic of Croatia. Also applies to a network (internet) platform that doesn’t have its business headquarters on the territory of the Republic of Croatia.

Producer with business seat outside Croatia = an AR in Croatia

Producers have an obligation to register and submit data to the Register of producers with extended responsibility. Management fee is calculated based on that data and paid monthly for the amount of products that the producer put on the market in the territory of the Republic of Croatia in the previous month. In order to implement the obligation, the producer (its authorized representative) is obliged to calculate and pay the management fee to the account of the Fund.

The obligations of the AR are unchanged and they include fulfilling the EPR obligations of the producer or the platform in accordance with the Ordinance, communication with the Fund, management fee, monitoring the Register of producers with extended responsibility.

Until now, registration and reporting of data for packaging and batteries and accumulators took place quarterly, and the new thing is that it will be reported monthly, as was the case with EE equipment so far.

Photo: xdfolio on pixabay

Do you have additional questions?

Have you come across any irregularities in the text?

Contact us at info@oro.hr!