Decree No. 5 of the Ministry of Environment implementing some provisions of the Act on Packaging

5 D E C R E E of the Ministry of Environment of the Slovak Republic of 18 December 2002 implementing some provisions of the Act on Packaging Pursuant to §5(10), §6(4), §9(7), §10(2) of the Act No.529/2002 Coll. on Packaging and Amendments of Some Acts, the Ministry of Environment of the Slovak Republic (hereinafter referred to as the „Ministry“) has stipulated: §1 This Decree regulates a) details on requirements concerning the composition and characteristics of packaging, b) details on packaging marking, c) details on records of packaging and keeping such records, d) the contents and manner of keeping the Register of obliged persons (hereinafter refereed to as the „Register“) and the sample certificate of registration. §2 Details on requirements concerning the contents and characteristics of packaging are specified in Annex I. §3 (1) Packaging shall be marked by markers pursuant to Annex II except a) packaging with the area not exceeding 100 cm2 after unfolding, b) packaging with nominal volume not exceeding 50ml, c) internal fixed equipment, reglets and packaging shells if not suppressed, dead-ressed or ejected, d) packaging made of a contracted creeped foil or plastic foil if not suppressed and marked by the label, e) components of packaging such as labels, tags and strickers, f) components of packaging with weight not exceeding 5g. (2) The marker shall be placed on packaging so that it cannot be damaged or removed by opening or routine handling. Multiple use of the identification marker is allowed. (3) In case technical reasons prevent from placing the marker on packaging, the marker may be placed on goods in packaging if possible with regard to characteristics of goods, or on a special leaflet passed along with goods in packaging to a receiver of goods. (4) Reusable packaging and non-reusable packaging specified in special rules1 shall be marked as „Returnable Packaging“. (5)The marker’s size and marking of packaging as „Returnable Packaging“ shall be sufficiently readable. §4 (1) The obliged person shall keep records of packaging according to types of materials, quantities of reusable packaging and quantities of recovered packaging waste and recycled packaging waste on the form complying with the sample form pursuant to Annex III. (2) The obliged person shall continuously keep records in written or electronic form. (3) The obliged person shall report2 to the Ministry data concerning the volume of packaging production, import and exports and the volume of reusable, recovered and recycled packaging from records kept pursuant to paragraphs 1 and 2. The report shall be submitted on the form complying with the sample form pursuant to Annex IV. §5 (1) The Register of natural persons shall include: a) the registration number, b) the registration date, c) the business name and place of business, d) the first name and surname, date of birth, address of residence, e) the identification number, f) the manner in which the obligation of packaging waste collection is ensured, g) types of packaging for which the obligation of packaging waste re-taking is ensured, h) the manner in which packaging waste recovery and recycling is ensured. (2) The Register of legal entities shall include: a) the registration number, b) the registration date, c) the business name and registered office, d) the first name and surname, date of birth, address of residence of persons acting as statutory bodies of the obliged person or members of its statutory body, e) the identification number, f) the manner in which the obligation of packaging waste collection is ensured, g) types of packaging for which the obligation of packaging waste re-taking is ensured, h) the manner in which packaging waste recovery and recycling is ensured. (3) The Register shall be kept in written or electronic form and open to the public at the Ministry. (4) The certificate of entry into the Register shall be issued on the form complying with the sample form in Annex V. 1 Decree of the Ministry of Environment of the Slovak Republic No.732/2002 Coll. on the list of non-reusable deposit packaging and the amount of the deposit, and on the amount of deposit for reusable deposit packaging 2 §10(1)(b) of the Act No.529/2002 Coll. on Packaging and Amendments of Some Acts §6 This Decree shall become effective on 10 January 2003 except §3 that shall become effective on 1 January 2006. László Miklós