Law on packaging and packaging waste management.

This Law regulates the requirements for protection of environment and human health that should be met by packaging during production, placing on the market and handling of packaging waste that covers the obligations of economic operators and other entities participating in related processes. This text defines necessary procedural rules and obligations as regards the production and placing on the market of packaging, requirements for collection, reuse, processing, recycling and disposal, as well as other conditions for handling packaging waste, reporting and economic instruments for achieving the objectives of collection, processing and recycling of such packaging. Main goals of this Law are: reduction of the negative impact of packaging and packaging waste on environment and human health; promotion of environmental protection standards by economic operators during the life cycle of packaging, and in particular treatment, reuse, processing and disposal of packaging waste. In addition to these basic objectives, the following goals should be achieved: to prevent the generation of packaging waste; to reduce and limit the use of harmful metals and substances and other toxins substances in the packaging, and thus achieve a reduction in the toxicity of the waste from packaging; to achieve a separate collection of packaging waste at its place creation; to achieve a high level of reuse, recycling and other types of processing of packaging waste, thereby reducing the disposal of wastes deriving from packaging; to provide favorable conditions for the establishment and development of the market of related reuse, recycling and other ways of processing of packaging waste; to ensure the functioning of the market without barriers to trade and ensuring an equal position on the market of domestic and foreign legal entities and individuals, as well as avoiding trade barriers that may disrupt the necessary market competition; to reduce energy consumption and use of primary raw materials in the production of packaging and encouraging the treatment of packaging waste; to encourage the use of the best available treatment technologies, processing and recycling of packaging waste; to encourage the production of reusable packaging that is biodegradable. The packaging in terms of its convenience for processing of materials that are used, should meet the following requirements: 1) packaging that can be recycled through recycling operations made in such a way that when it becomes packaging waste it will be possible to recycle a certain weight percentage of materials used in the manufacture of the product that are intended for sale, in accordance with applicable standards (determining this percentage may vary depending on the type of material of the package); 2) packaging that can be processed through energy operation processing, when it becomes packaging waste should have a minimum caloric value to enable optimal energy production; 3) packaging that can be processed through composting operations, must be made in such a way that when it becomes packaging waste there is biodegradable property that will not interfere with the individual collection and processing of composting or other activity in which it is involved; 4) packaging produced from biodegradable materials must be made in such a way that when it becomes packaging waste it is of such nature that it can be subjected to physical, chemical, thermal or biological decomposition so that most of the final compost will decompose into carbon dioxide, biomass and water. In terms of this point, oxo-degradable plastic packaging is not considered biodegradable.
This Law is divided into eight main thematic Chapters and a total of 58 articles. Titles of Chapters are here listed: I. General provisions; II. Environmental protection requirements; III. Obligations of the manufacturers; IV. Obligations of traders (and sub-chapter “Obligations of other affected parties”); V. Liabilities of the state bodies; VI. Supervision and competent authorities; VII. Misdemeanor provisions; VIII. Transitional and final provisions.
This text is also harmonized with the provisions contained in several EU legislative documents, as follows: European Parliament and Council Directive 94/62/EC on packaging and packaging waste; Directive 2004/12/EC of the European Parliament and of the Council amending Directive 94/62/EC on packaging and packaging waste; Commission Directive 2013/2/EU amending Annex I to Directive 94/62/EC of the European Parliament and of the Council on packaging and packaging waste; Directive (EU) 2015/720 of the European Parliament and of the Council amending Directive 94/62/EC as regards reducing the consumption of lightweight plastic carrier bags (also Directive (EU) 2018/852 of the European Parliament and of the Council of 30 May 2018 amending Directive 94/62/EC on packaging and packaging waste).