Draft

ACT

of ..........................2021,

amending Act No 79/2015 on waste and on amendments to certain acts, as amended, and amending Act No 302/2019 on a deposit return scheme for disposable beverage containers and on the amendment of certain acts, as amended
COLLECTION OF LAWS

OF THE SLOVAK REPUBLIC

Volume 2021

Promulgated:26.11.2021 Time version of the legislation effective from:1.01.2030

The content of the document is legally binding.

430

A C T

of 02 November 2021,

amending Act No 79/2015 on waste and on amendments to certain acts, as amended, and amending Act No 302/2019 on a deposit return scheme for disposable beverage containers and on the amendment of certain acts,

as amended

The National Council of the Slovak Republic has passed the following Act:

Article I

Act No 79/2015 on waste and on amendments to certain acts, as amended by Act No. 91/2016, Act N. 313/2016, Act No 90/2017, Act No 292/2017 , Act No 106/2018, Act No 177/2018, Act No 208/2018, Act No 312/2018, Act No 302/2019, Act No 364/2019, Act No 460/2019, Act No 74/2020, Act No 218/2020, Act No 285/2020, Act No 9/2021 and Act No 46/2021, is amended as follows:

1.In § 27(1), the word ‘seventh’ is replaced by ‘eighth’.

2.In § 52, paragraphs 29 and 30 are deleted.
Act No 79/2015 on waste and on amendments to certain acts, as amended by Act No. 91/2016, Act N. 313/2016, Act No 90/2017, Act No 292/2017, Act No 106/2018, Act No 177/2018, Act No 208/2018, Act No 312/2018, Act No 302/2019, Act No 364/2019, Act No 460/2019, Act No 74/2020, Act No 218/2020, Act No 285/2020, Act No 9/2021

46/2021, Act No 128/2021, Act No 216/2021 and Act No 372/2021, is amended as follows:

In § 27(1), the word ‘seventh’ is replaced by ‘eighth’.

In § 52, paragraphs 29 and 30 are deleted.

Paragraphs 31 to 35 become paragraphs 29 to 33.

3.§ 53a reads:

‘ 53a

State administration bodies shall not use beverages purchased in single-use packaging in their activities.’.

4.§ 73a is deleted.

5.After § 75, a new section eight is inserted, which, including the title, reads:
After § 53, § 53aa is inserted, which reads as follows:

'§ 53aa

State administration bodies shall not arrange the purchase of beverages in single-use packaging for their activities.’.

§ 53a is deleted.

§ 73a is deleted.

After § 75, a new section eight is inserted, which, including the title, reads:

“Section eight

Special plastic products
Special plastic products

§ 75a

Basic provisions

(1) This Section regulates requirements and measures to prevent the environmental impact of certain single-use plastic products, in particular on the aquatic environment, on human health, in order to reduce that impact and to support the transition to a circular economy with innovative and sustainable business models, products and materials.

(2) The provisions of this Section shall apply to single-use plastic products listed in Annex 7a, oxo-degradable plastic products and fishing gear containing plastic.

(3) Unless otherwise provided in this Section, the general provisions of this Act shall apply to all single-use plastic products and fishing gear containing plastic placed on the market or for distribution in the Slovak Republic and to the management of waste from them.

(4) For the purposes of this Section, plastic means a material consisting of a polymer, 72(a) to which additives or other substances may have been added and which may function as the main constituent of the finished products, except for natural polymers that have not been chemically modified.

(5) Single-use plastic product means a product that is made wholly or partly from plastic and that is not designed, manufactured or placed on the market to accomplish, within its life span, multiple cycles or rotations by being returned to a producer for refill or re-used for the same purpose for which it was manufactured;

(6) Oxo-degradable plastic is a plastic material that contains additives that through oxidation break down the plastic material into microfragments or chemically decompose it.

(7) Fishing gear means any article or piece of equipment used in fishing or aquaculture to target, catch or raise marine biological resources or that floats on the sea surface, and is deployed with the objective of attracting and capturing or of raising such marine biological resources.

(8) Waste fishing gear means any fishing gear that has become waste, including all separate components, substances or materials that were part of or attached to such fishing gear when it was discarded, including when it was abandoned or lost.

(9) Placing on the market is the initial making available on the market of a single-use plastic product or fishing gear containing plastic in the Slovak Republic.

(10) Making available on the market means any supply of a single-use plastic product or fishing gear containing plastic intended for distribution, consumption or use on the market of the Slovak Republic as part of business activities, in return for payment or free of charge.

(11) A harmonised standard is a harmonised standard according to special legislation.96(a)

(12) The manufacturer of a single-use plastic product or fishing gear containing plastic is any sole trader or corporate entity that, regardless of the sales techniques used, including mail order and internet sales, except for an entity carrying out fishing activities under special legislation, 96(b)

a) has its registered office or place of business in the Slovak Republic and manufactures single-use plastic products and fishing gear, or has single-use plastic products and fishing gear manufactured, and places them on the market;

b) has its registered office or place of business in the Slovak Republic and sells single-use plastic products and fishing gear in the Slovak Republic;

c) has its registered office or place of business in the Slovak Republic and fills single-use plastic products or has single-use plastic products filled, and places them on the market;

d) has its registered office or place of business in the Slovak Republic and places single-use plastic products and fishing gear from another member state or from non-member state on the market of the Slovak Republic as part of business activities;

e) sells single-use plastic products and fishing gear in the Slovak Republic by means of distance communication directly to households or non-household users and has its registered office or place of business in another Member State or in another non-Member State;

f) has its registered office or place of business in the Slovak Republic and, as part of its business activities, sells single-use plastic products and fishing gear directly to a user in another Member State on the basis of a distance contract.

(13) Biodegradable plastic means plastic capable of undergoing physical and biological decomposition, such that it ultimately decomposes into carbon dioxide (CO2), biomass and water, and is, in accordance with European standards for packaging, recoverable through composting and anaerobic digestion.

(14) Port reception facilities are port reception facilities according to special legislation. 96(c)

(15) Tobacco products are tobacco products defined according to special legislation. 96(d)
Basic provisions

This Section regulates requirements and measures to prevent the environmental impact of certain single-use plastic products, in particular on the aquatic environment, on

human health, in order to reduce that impact and to support the transition to a circular economy with innovative and sustainable business models, products and materials.

The provisions of this Section shall apply to single-use plastic products listed in Annex 7a, oxo-degradable plastic products and fishing gear containing plastic.

Unless otherwise provided in this Section, the general provisions of this Act shall apply to all single-use plastic products and fishing gear containing plastic placed on the market or for distribution in the Slovak Republic and to the management of waste from them.

For the purposes of this Section, plastic means a material consisting of a polymer, 72(a) to which additives or other substances may have been added and which may function as the main constituent of the finished products, except for natural polymers that have not been chemically modified.

Single-use plastic product means a product that is made wholly or partly from plastic and that is not designed, manufactured or placed on the market to accomplish, within its life span, multiple cycles or rotations by being returned to a producer for refill or re-used for the same purpose for which it was manufactured.

Oxo-degradable plastic is a plastic material that contains additives that through oxidation break down the plastic material into microfragments or chemically decompose it.

Fishing gear means any article or piece of equipment used in fishing or aquaculture to target, catch or raise marine biological resources or that floats on the sea surface, and is deployed with the objective of attracting and capturing or of raising such marine biological resources.

Waste fishing gear means any fishing gear that has become waste, including all separate components, substances or materials that were part of or attached to such fishing gear when it was discarded, including when it was abandoned or lost.

Placing on the market is the initial making available on the market of a single-use plastic product or fishing gear containing plastic in the Slovak Republic.

Making available on the market means any supply of a single-use plastic product or fishing gear containing plastic intended for distribution, consumption or use on the market of the Slovak Republic as part of business activities, in return for payment or free of charge.

A harmonised standard is a European standard adopted based on the Commissions requirements for the application of harmonised EU legislation.96a)

The manufacturer of a single-use plastic product or fishing gear containing plastic is any sole trader or corporate entity that, regardless of the sales techniques used, including mail order and internet sales, 96b) except for an entity carrying out fishing activities under special legislation, 96b)

has its registered office or place of business in the Slovak Republic and manufactures single-use plastic products and fishing gear, or has single-use plastic products and fishing gear manufactured, and places them on the market;

has its registered office or place of business in the Slovak Republic and sells single-use plastic products and fishing gear in the Slovak Republic;

has its registered office or place of business in the Slovak Republic and fills single-use plastic products or has single-use plastic products filled, and places them on the market;

has its registered office or place of business in the Slovak Republic and places single-use plastic products and fishing gear from another member state or from non-member state on the market of the Slovak Republic as part of business activities;

sells single-use plastic products and fishing gear in the Slovak Republic by means of distance communication directly to households or non-household users and has its registered office or place of business in another Member State or in another non-Member State;

has its registered office or place of business in the Slovak Republic and, as part of its business activities, sells single-use plastic products and fishing gear directly to a user in another Member State on the basis of a distance contract.

Biodegradable plastic means plastic capable of undergoing physical and biological decomposition, such that it ultimately decomposes into carbon dioxide (CO2), biomass and water, and is, in accordance with European standards for packaging, recoverable through composting and anaerobic digestion.

Port reception facilities are port reception facilities according to special legislation.96d)

Tobacco products are tobacco products defined according to special legislation.96e)

§ 75b

Reducing consumption

(1) A manufacturer of single-use plastic product who provides single-use plastic products listed in Annex no. 7a of Part A to the final consumer for the consumption of food and beverages at a place other than the place of sale is obliged to

a) provide them in return for payment; it shall inform the final consumer of this fact;

b) offer a reusable alternative to the final consumer; or

c) offer a biodegradable alternative.

(2) The following may not be provided to consumers for consumption of food and drink at the point of sale:

a) single-use plastic products in permanent establishments of public and fast-food catering;

b) single-use plastic dishes at public events.

(3) In addition to the prohibition under paragraph 2(b) the organiser of a public event is obliged in the case of the provision of biodegradable products to ensure their subsequent separate collection.

(4) The manufacturer of single-use plastic product listed in Annex 7a, Part A shall keep and maintain records on individual products placed on the market of the Slovak Republic and report data from it to the Ministry to the specified extent and shall keep the reported data.

(5) The manufacturer of a single-use plastic product listed in Annex 7a, Part A shall draw up a report on the measures taken to reduce consumption and notifies the Ministry by 30 April at the latest of the progress made in reducing consumption.
A manufacturer of single-use plastic product who provides single-use plastic products listed in Annex no. 7a of Part A to the final consumer for the consumption of food and beverages at a place other than the place of sale is obliged to

provide them in return for payment; it shall inform the final consumer of this fact;

offer a reusable alternative to the final consumer; or

offer a biodegradable alternative.

The following may not be provided to consumers for consumption of food and drink at the point of sale:

single-use plastic products in permanent establishments of public and fast-food catering;

single-use plastic dishes at public events.