Packaging and non-packaging products

Packaging is a product used for the packaging, handling, and protection of goods, as well as for their presentation and delivery, from raw materials to finished products, from the manufacturer to the user or consumer, which meets the criteria set forth in Annex 7 of the Waste Act No. 79/2015 Coll.; Non-returnable parts of packaging used for the same purposes are also considered packaging.

Packaging is divided into five categories:

1. Consumer packaging - packaging intended for the immediate protection of goods or a group of goods, which, at the point of purchase, constitutes a sales unit for the end user or consumer.
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2. Group packaging - is packaging intended to form a group of a certain number of product units at the point of sale, regardless of whether it is sold to the end user or consumer, or serves as a means of replenishing goods during sales. It can be removed from the goods without impairing their properties.
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3. Transport packaging - is packaging intended to facilitate the handling and transport of a certain quantity of product units or group packages in order to prevent physical damage during handling and transport.
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4. Reusable packaging - packaging designed, constructed, and placed on the market to undergo at least two trips or cycles during its service life, which is refilled or reused for the same purpose for which it was designed.
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5. Returnable packaging - packaging for goods for which, upon sale, a separate monetary amount linked to the packaging is charged in addition to the price of the goods, the purpose of which is to ensure the return of the used packaging. Deposits are charged on reusable beverage containers.

A product is considered packaging based on three criteria:

1. without prejudice to the other functions of the packaging, if

1. t is a separable part of the product,
2. it is not necessary for the storage, support, or preservation of the product during its lifetime, and
3. all of its parts are not intended for joint 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

1. they are a separable part of the product, and
2. 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

The introduction of packaging onto the Slovak market refers to the moment when the packaging or the goods contained therein first pass, whether for consideration or free of charge, from the stage of production, cross-border transport from another Member State to the Slovak Republic, or import from a non-Member State to the Slovak Republic, to the stage of distribution or use.

A producer of non-packaging products is any person who:

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a) manufactures or has manufactured a non-packaging product and places it on the market in the Slovak Republic

b) transports or has transported a non-packaging product into the territory of the Slovak Republic from another Member State and places it on the market in the Slovak Republic

c) imports or has imported a non-packaging product into the territory of the Slovak Republic from a non-Member State and places it on the market in the Slovak Republic

d) is the person for whom the goods are packaged or filled and under whose trade name they are placed on the market; c) places goods in packaging on the market in a manner other than a) and b), or transports or has transported them across the state border or distributes them within the Slovak Republic

A non-packaging product is a product that is not packaging or is not intended for packaging and falls into one of the following product groups; when it becomes waste, it will form part of municipal waste.

• 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.

The placing of an unpackaged product on the market means the first supply of an unpackaged product into the distribution, consumption, or use stage on the market of the Slovak Republic as part of a business activity, whether for a fee or free of charge.

Act No. 79/2015 Coll. on Waste and on Amendments to Certain Acts, as amended

Decree of the Ministry of the Environment of the Slovak Republic No. 365/2015 Coll., establishing the Waste Catalogue

Decree of the Ministry of the Environment of the Slovak Republic No. 366/2015 Coll. on record-keeping and reporting obligations

Decree of the Ministry of the Environment of the Slovak Republic No. 371/2015 Coll., implementing certain provisions of the Act on Waste

Decree of the Ministry of the Environment of the Slovak Republic No. 372/2015 Coll. on the Landfilling of Waste and the Temporary Storage of Metallic Mercury

Decree of the Ministry of the Environment of the Slovak Republic No. 373/2015 Coll. on the Extended Producer Responsibility for Designated Products and on the Management of Designated Waste Streams

Decree of the Ministry of the Environment of the Slovak Republic No. 465/2013 Coll. on technical requirements for electrical equipment

Act No. 17/2004 Coll. on Fees for Waste Disposal

Act No. 127/2006 Coll. on Persistent Organic Pollutants

Act No. 582/2004 Coll. on Local Taxes and Local Fees for Municipal Waste and Separately Collected Waste

• register in the Register of Producers maintained by the Ministry of the Environment and report any changes to the registered data
• maintain and keep records and report data from them to the Ministry to the extent specified, and retain the reported data
• fulfill the duty to provide information to the public and to the processor of the designated waste stream in accordance with the special section of this part of the Act
• bear all financial costs associated with the collection, transport, preparation for reuse, recovery, recycling, treatment, and disposal of separately collected waste belonging to a designated waste stream
• ensure that the packaging is labeled with information on the material composition of the packaging; if the producer decides to label the packaging, they may also include information on how to dispose of it
  ensure that the labeling is visible and easily legible, and that it remains sufficiently durable and intact even after the packaging is opened
• ensure the collection, transport, recovery, and recycling of waste from packaging that it has placed on the market or distributed, in full, at least to the extent of the recovery and recycling rate
• the collection, transport, recovery, and recycling of packaging waste that is part of separately collected municipal waste streams, in full, at least to the extent of the collection targets
• ensure that consumers are informed about the method of ensuring the collection of packaging waste
• if they decide to mark the packaging, mark the packaging with information about the material composition of the packaging; information about management of the packaging may also be indicated;
• collection, transport, recovery and recycling of waste originating from packaging placed on the market or distributed by them, to the full extent or at least to the extent of the binding limits for recovery and recycling;

• register in the Register of Producers maintained by the Ministry of the Environment and report any changes to the registered data,
• maintain and keep records and report data from them to the Ministry to the extent specified, and retain the reported data
• fulfill the duty to provide information to the public and to the processor of the designated waste stream in accordance with the special section of this part of the Act
• bear all financial costs associated with the collection, transport, preparation for reuse, recovery, recycling, treatment, and disposal of separately collected waste belonging to a designated waste stream
• ensure the collection, transport, recovery, recycling, and disposal of waste from non-packaging products that they have placed on the market and that are part of separately collected municipal waste streams in full, at least to the extent of the collection targets
• inform end users about the method of ensuring the collection of waste from non-packaging products that are part of municipal waste

If a manufacturer of non-packaging products cannot demonstrate that the non-packaging products it places on the market will not become part of municipal waste after their use, such waste shall be considered part of municipal waste.