Ecomodulation and change of registration of packaging placed on the market

21. 10. 2022

Ecomodulation is the obligation to adjust the financial means paid by the manufacturer of a reserved product to take account in particular of their durability, reparability, reusability, recyclability and the presence of hazardous substances, i.e. to be ecomodulated.

This obligation is based on Article 8a(4)(b) of Directive 2008/98/EC of the European Parliament and of the Council on waste. The Directive sets the obligation to introduce ecomodulation by 5 January 2023. This requirement has been transposed into Act No 79/2015 Coll. However, its date of coming into effect has been repeatedly postponed.

The introduction of ecomodulation is a complicated process, as it requires a change in the registration of packaging placed on the market and therefore the cooperation of the Ministry of the Environment and the amendment of Decree 366/2015 Coll. on the registration and reporting obligation is necessary for its implementation.

The Ministry of the Environment of the Slovak Republic was waiting for the guidance of the European Commission, i.e. the criteria valid for all Member States, which have not yet been adopted at the EU level, and therefore the Ministry of the Environment of the Slovak Republic started to address with stakeholders, including OZV ASEKOL SK, the conditions for setting ecomodulation, so that the necessary legislative amendment could be adopted as soon as possible.

The preliminary announced deadline for the modification of the registration decree or the methodological guidance of the Ministry of the Environment of the Slovak Republic for the introduction of the new structure of the registration of packaging and non-packaging products is until 31 December 2022. Following the new registration structure, the quarterly reporting of the quantities of packaging and non-packaging products will also be adjusted. 

We will keep you informed of further developments.