Definitions
Producers of packaging
The placing of packaging on the market in the Slovak Republic means the moment when packaging or packaged goods are transferred for the first time, for payment or free of charge, from the production stage, by cross-border transport from another Member State to the Slovak Republic or, imported to the stage of distribution or use.
Pursuant to § 52 of Act No 79/2015 on Waste, a producer of packaging is a person who:
a) packs or puts goods into packaging and places these goods on the market under his or her trade name or mark;
b) is a person for whom goods are packaged or filled and under whose trade name or mark these goods are placed on the market;
c) places on the market goods packaged in a manner other than referred to in (a) or (b), or transports them/has them transported across the national border or distributes them in the Slovak Republic;
d) distributes, for payment or free of charge, packaging to end-users to be used for the packaging of goods;
e) as a distributor, uses the packaging to package goods or any part thereof, or to fill the packaging with goods;
f) places, for payment or free of charge, empty packaging on the market for end-users.
Distribution of packaging means the handing over, for payment or free of charge, of packaging or packaged goods to another person for the purposes of delivery, sale or use of the packaging or packaged goods in a commercial network, including sale to end-users, except the placing on the market thereof.
Definition of packaging
Packaging is a product used for the packaging, handling and protection of goods, their presentation and delivery, from raw materials to products, from the producer to the user or consumer, which meets the criteria set out in Annex 7 of the Waste Act No. 79/2015 Coll.; non-returnable parts of packaging used for the same purposes are also considered to be packaging.
Packaging is divided into five categories:
- Consumer packaging – means packaging intended for the immediate protection of goods or a group of goods which, at the point of purchase, constitutes a unit of goods for the end user or for the consumer.
- Group packaging – means packaging designed to form a group of a certain number of units of goods at the point of purchase, whether sold to the end user or to the consumer, or used as a means of adding goods to the range of goods on offer at the time of sale. It may be removed from the goods without affecting their characteristics.
- Transport packaging – means packaging designed to facilitate the handling and transport of a certain quantity of units of goods or group packs in order to prevent physical damage during handling and transport.
- Reusable packaging – means packaging designed, constructed and placed on the market to undergo at least two trips or circulations during its service life, which is refillable or reusable for the same purpose for which it was designed.
- Returnable packaging – means packaging of goods, the sale of which, in addition to the price of the goods, is charged a specific monetary amount linked to the packaging of the goods, the purpose of which is to ensure the return of the used packaging. Reusable beverage containers shall be backed up.
A product is considered as packaging if it meets the following three criteria:
1. without prejudice to the other functions of the packaging, if
- it is a separable part of the product,
- it is not necessary for the storage, support or preservation of the product during its lifetime; and
- all its parts are not intended for common use, consumption or disposal.
For example:
- boxes (for tools) and small boxes (for sweets, matchboxes)
- plastic sleeve for CD and DVD packaging
- packaging used for mailing catalogues and magazines (with magazine inside)
- pipes, tubes and cylinders around which flexible material (e.g. cling-film, tinfoil wrap, paper) is wrapped
- flowerpots for use only in the sale and transport of plants and flowerpots for use throughout the lifetime of the plant
- glass bottles for injection solutions
- sterile barrier systems (bags, trays and materials needed to maintain product sterility)
- capsules used for the preparation of beverages (e.g. coffee, cocoa, milk) which remain empty after use
- refillable cylindrical steel containers used for various types of gases, except for fire extinguishers
- tea bags
- protective wax coatings on cheeses
- clothes hangers (sold separately or with clothes)
- coffee capsules, cling-film coffee bags and filter paper coffee pads
- printer cartridges
2. Items created for the purpose of filling at the point of sale and non-returnable items created, filled or sold at the point of sale shall be considered as packaging if they fulfil the function of packaging.
For example:
- paper or plastic bags
- disposable cups and plates
- cling-film and tinfoil
- snack bags
- mixing sticks
- disposable cutlery
- wrapping paper (sold separately)
- paper baking forms (sold empty)
3. Packaging components and auxiliary elements included in the packaging shall be considered as part of that packaging. Auxiliary elements directly hung or attached to the product which fulfil the function of the packaging shall be considered as packaging if
- they are a separable part of the product, and
- all their parts are not intended for common consumption and disposal.
For example:
- hanging labels attached or hung directly on the product
- parts of packaging
- mascara brush that forms part of the cap
- labels attached to another packaging item
- stapler clamps
- plastic packaging for paper
- measuring cups which form part of the detergent cap
Producers of non-packaging products
Placing a non-packaging product on the market means the first delivery of a non-packaging product to the stage of distribution, consumption or use on the market in the Slovak Republic in the context of commercial activity for payment or free of charge.
Pursuant to § 73 of Act No 79/2015 on Waste, a producer of non-packaging products is a person who:
a) produces a non-packaging product or has a non-packaging product produced and places it on the market in the Slovak Republic;
b) transports a non-packaging product or has a non-packaging product transported to the Slovak Republic from another Member State and places it on the market in the Slovak Republic;
c) imports a non-packaging product or has a non-packaging product imported to the Slovak Republic from a non-Member State and places it on the market in the Slovak Republic;
d) is a person for whom goods are packaged or filled and under whose trade name or mark these goods are placed on the market; (c) places on the market goods packaged in a manner other than referred to in (a) or (b), or transports them/has them transported across the national border or distributes them in the Slovak Republic.
A non-packaging product is a product which is not packaging or not intended to be used for packaging, and belongs to one of the following groups of products and waste from which will become a part of municipal waste.
Non-packaging products include
- paper and cardboard, imported articles of paper and cardboard, including printing products, except for:
- hygienic and sanitary paper;
- articles of paper used for hygiene and sanitary purposes;
- cigarette paper;
- carbon copy paper;
- filter paper;
- paper and cardboard for the production of tarred or asphalted paper;
- fiscal stamps;
- books;
- articles of plastics consisting of:
- polyethylene terephthalate except for raw materials, preforms and fibres intended for industrial use and articles of plastics consisting of polyethylene;
- polypropylene;
- polystyrene;
- polyvinyl chloride;
- polyamides except for raw materials, fibres and products intended for industrial use;
- glass, including sheet window glass.
Industrial use of raw materials, preforms, fibres or products should be understood as their firm incorporation in another product of a different nature of which they become an inseparable part , or as components or parts intended for assembly or compilation of other products.