HR zakonodavstvo, Zakonodavstvo
29. May 2024.
Opis (tag)
Fulfillment of EPR obligations for foreign companies in the Republic of Croatia – disposable packaging

At the beginning of the year, the Fund issued an instruction that prescribes the method and deadlines for the delivery of information related to packaging, which authorized representatives on behalf of the foreign producers are obliged to submit to the Fund for the purpose of calculating the management fees.

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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