Zakonodavstvo
objavljeno:
20. December 2023.
Opis (tag)
Autor
New Ordinances – Current legal EPR obligations of producers in Croatia

Two new Ordinances came into force in Croatia, Ordinance on the management of special categories of waste in the Fund system (OG 124/23) and Ordinance on packaging and waste packaging, single-use plastic products and fishing gear containing plastic (OG 137/23).

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!