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.

Do you have additional questions?

Have you come across any irregularities in the text?

Contact us at info@oro.hr!

The producer / importer when putting products on Croatian market is obliged to:

The Register of Producers with Extended Responsibility is an electronic database containing data on product producers who are obliged to fulfill the obligations prescribed by the Waste Management Act on  products and quantities of products placed on the market and on fulfilling the obligation to contribute to waste management.

Most often, producers and importers have obligations regarding packaging, WEEE and batteries.

According to the principles of EPR and the Ordinance on Packaging and Waste Packaging, the obligation of the producers is to fulfill the objectives of waste packaging, WEEE and batteries management in proportion to the amount that have been placed on the market, by paying a management fee to the Fund’s bank account, as prescribed by the Regulation.

If You are foreign company, you will need an Authorized representative to fulfill these obligations, Interseroh d.o.o. is the first compliance specialist in this area. Long-term knowledge and experience in the field of waste management, allows them to approach each client individually, finding the best solutions, considering clients specific needs.

Do you have some additional questions?
Did you come across any irregularities in the text?
Contact us at info@oro.hr!

In order to strengthen the re-use and the prevention, recycling and other recovery of waste, EU enabled Member States to prescribe measures to ensure that any natural or legal person who professionally develops, manufactures, processes, treats, sells or imports products (producer of the product) has extended producer responsibility.

In Republic of Croatia in force is the Waste Management Act (OG 84/2021), which prescribes that the producer of the product from which the waste is generated, ie the producer of the waste, bears the costs of managing that waste. In doing so, the principles of environmental protection are respected and are prescribed by law.

Croatia has also established a system for the management of special categories of waste, managed by the Fund for Environmental Protection and Energy Efficiency.

Special waste categories include:
Packaging waste
Electrical and electronic waste
Waste tires
Waste oils
Waste vehicles
Waste batteries and accumulators
Waste containing asbestos
Other special categories of waste

Interseroh d.o.o. for foreign companies checks obligations, consults and fulfills obligations in clients name to the Fund.

For example – a webshop that delivers to the Republic of Croatia also have obligations, but even 2 webshops don’t have to have the same obligations.

Liabilities vary depending on the specific category of waste, but also depending on the amount placed on the market – e.g. a producer who places a quantity of packaging less than the prescribed limit values on the Croatian market is obliged to report annually, while producers who place a larger quantity of packaging on the market are obliged to make quarterly applications of packaging placed on the market and paying the associated fees.

If you are looking for an authorized representative for EPR in the Republic of Croatia or you are not sure whether you have obligations in the Republic of Croatia and what they are – contact Interseroh d.o.o.

Do you have additional questions?
Did you come across any irregularities in the text?
Contact us at info@oro.hr!

Photo by Nataliya Vaitkevich from Pexels

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