Area: Okolje in prostor
Competent authority: MF, MOP
EZU URL: .nan
Initiative ID: 517
Initiative accepted and completed: '2015-05-05'
Initiative classified in EZU: .nan
Initiative forwarded in response: '2015-04-02'
Initiative published: '2015-04-02'
Initiative submitted: '2015-03-25'
Response from the competent authority: "Answer from the Ministry of the Environment\
  \ and Spatial Planning:The Regulation on Packaging and Packaging Waste Management\
  \ (Official Journal of the Republic of Slovenia No 84/06, 106/06, 110/07, 67/11,\
  \ 68/11 - corrected and 18/14; hereinafter: the EOE Regulation) in Chapter 3 lays\
  \ down the Rules of Conduct for the Placing on the Market of Packaging. Thus, Article\
  \ 11 of the EOE Regulation provides that information on the placing on the market\
  \ of packaging must be communicated to the Ministry responsible for environmental\
  \ protection for each quarter separately and no later than 20 days after the end\
  \ of the quarter:\r\n- the packer of the packaging in which the goods are packed,\
  \ who uses the goods himself as the end user of the packaged goods or places them\
  \ on the market,\r\n- the acquirer of the goods for the packaging in which the packaged\
  \ goods are packed and which he himself uses as end-user or places on the market,\r\
  \n- the manufacturer of the packaging, in the case of packaging which is not intended\
  \ for a packer referred to in the first indent of this paragraph and which he places\
  \ on the market or uses himself,\r\n- the transferee of packaging for packaging\
  \ not intended for the packager referred to in the first indent of this paragraph\
  \ and placing on the market or using it himself.\r\nThe first notification of this\
  \ information shall be accompanied by the name, registered office, tax number, registration\
  \ number, description of the packaging and the type of business carried on in relation\
  \ to the packaging.\r\nIn accordance with Article 13 of the EOE Regulation, the\
  \ Ministry shall keep a record of the placing on the market of packaging on the\
  \ basis of this information. The information contained in the records shall be used\
  \ for the control of packaging producers and packaging acquirers or packers and\
  \ acquirers of goods with regard to compliance with the requirements under this\
  \ Regulation and for the annual reporting to the European Commission on the management\
  \ of packaging waste in accordance with Directive 94/62/EC and Decision 2005/270/EC\
  \ .\r\nArticle 13(4) of the EOE Regulation provides that, in order to reduce administrative\
  \ burdens, where an environmental charge is payable for environmental pollution\
  \ caused by packaging waste, the reporting obligation referred to in Article 11\
  \ shall be implemented in accordance with the Regulation on the environmental charge\
  \ for environmental pollution caused by packaging waste (Official Journal of the\
  \ Republic of Slovenia, No ...........................................................................\
  \ Obliged persons liable for the payment of the environmental levy therefore report\
  \ data on packaging placed on the market only to the Financial Administration (formerly\
  \ Customs), and since 2007 the Ministry has received the data necessary for reporting\
  \ to the European Commission from this authority.\r\nHowever, this reporting is\
  \ not related to the obligations of the aforementioned persons to ensure the management\
  \ of packaging waste under Article 25 of the EOE Regulation in accordance with the\
  \ principle of extended producer responsibility. According to Article 26 of the\
  \ EWW Regulation, in order to comply with their obligations to finance the management\
  \ of municipal packaging waste, these persons have to participate in one of the\
  \ common packaging waste management schemes by concluding a contract with a packaging\
  \ waste management company (hereinafter referred to as 'DROE') which, as a commercial\
  \ company, provides packaging waste management in accordance with the rules. The\
  \ EOE Regulation sets out the obligations of the DROE to provide packaging waste\
  \ management, but does not specify how the relationship with the DROE is to be regulated\
  \ by the individual obliged party, as this is determined by contract. The contract\
  \ also regulates the way in which the data on the placing on the market of packaging\
  \ is reported to the DROE, on the basis of which the DROE calculates the amount\
  \ of the payment for the management of packaging waste for each individual obligor,\
  \ in accordance with its terms and conditions. Contrary to the Austrian rules, which\
  \ is also the subject of Petition 517, the EOE Regulation does not regulate at all\
  \ how each packaging waste management obligor reports to the DROE (to which the\
  \ Austrian ARA corresponds) the quantities of packaging placed on the market. Thus,\
  \ Initiative 517 cannot be used to modify the system of reporting of the quantities\
  \ of packaging placed on the market implemented under the OD Regulation.\r\nAccording\
  \ to Decision 2005/270/EC, Member States are required to report annually to the\
  \ European Commission information on the management of packaging waste, including\
  \ information on the quantities of packaging waste generated. For the purposes of\
  \ this Decision, 'packaging waste generated' is considered to be the amount of packaging\
  \ which becomes waste on the territory of a Member State. However, Decision 2005/270/EC\
  \ also provides for the possibility that the 'packaging waste generated' in a Member\
  \ State is equal to the amount of packaging placed on the market in that Member\
  \ State in the same year. When the packaging waste management system was set up\
  \ under Directive 94/62/EC more than ten years ago, data on the quantities of packaging\
  \ waste generated were less reliable than they are today, and this second definition\
  \ was therefore considered more appropriate. This led to the introduction of reporting\
  \ to the competent ministry on the amount of packaging placed on the market. In\
  \ order to reduce the administrative burden, this reporting was replaced by reporting\
  \ according to the OD Regulation when the environmental charge was introduced, which\
  \ in turn is implemented and supervised by the Financial Administration in accordance\
  \ with its competences.\r\n "
Text file: 517.txt
Title: Reporting to Customs - OE
URL: https://www.stopbirokraciji.gov.si/pobuda/?st=517
