Bosnia and Herzegovina is committed to harmonize its legislation with the Acquis Communautaire, ie. Acquis during the process of EU integration. The harmonization of legal obligations is represented in all segments, including the segment of Environmental Protection, Waste Management, which is implemented in the Directive 94/62 / EC and 2004/12 / EC on packaging and packaging waste management in the national legislation of both entities of Bosnia and Herzegovina (sets forth the principle that "the polluter pays").
In order to establish a system of packaging waste in accordance with this Directive, the Federation Ordinance on the management of packaging and packaging waste was published in 28.12.2011. defining the rules of establishing a system for the management of packaging and packaging waste, based on the EPR Principle.
According to the Ordinance, manufacturers, importers, fillers, packers, distributors and final suppliers are required to enter the packaging waste management system and are responsible for achieving the settled recycling/recovery targets. Its obligations can be transferred to Ekopak as licensed packaging recovery organisation, who needs to provide packaging waste management and to meet recycling/recovery targets.
REQUIREMENTS BY THE ORDINANCE ON PACKAGING WASTE MANAGEMENT OF FEDERATION BiH, No. 88/11
- The operator of the system is a non-for-profit; all of its profit invests in development of infrastructure for packaging waste management; its primary goal is to fulfil the legal requirements prescribed by the Ordinance
- Its founders are legal entities that conduct their business activities by putting into circulation packaging or packaged products at the territory of the country
- The operator of the system cannot possess its own infrastructure for waste management
- Fees are to be determined by the operator of the system and should be equal for the founders and the clients of the operator
- In the system of collecting, selecting and recycling of packaging and packaging waste, the operator of the system plays a key role for the general social responsibility in which the system of selective waste collection is done in a sustainable and harmonized manner and all stakeholders have the opportunity to develop and strengthen the material and technical basis of the system
- The operator of the system plays a key role in promotional and educational activities for successful functioning of the system
- Requirements set for the authorization of operator of the system by the Ministry:
- Contracts with at least 30 companies, who place at least 30.000 tons of packaging on an annual basis on the market,
- Preliminary contracts with authorized collectors from all cantons, or recyclers for all types of packaging materials (plastic, paper, cardboard, metal, glass, wood, laminated materials),
- Waste management plan,
- Statute of the packaging recovery organisation,
- Other evidence upon request.
- Producers of packaging materials, importers, fillers, packers, distributors, final suppliers, who put packaging or packaged products into circulation on the territory of the Federation of B&H, shall pay much higher packaging fees to the entity Eco Fund for untransferred obligations to the packaging recovery organisation. The fees shall be used for packaging waste management
- Until the packaging recovery organisation is not authorized by the Ministry, producers of packaging materials, importers, fillers, packers, distributors and final suppliers, will fulfil their obligations through the Eco Fund
- If packaging recovery organisation has not fulfilled targets for reporting year, Eco Fund shall determine decision to pay a penalties for unfulfilled targets
- Founders of packaging recovery organisation put into circulation packaging totaling 5,000 t min.
- Minimum founding capital of 100,000 KM
- The share in the equity of the packaging recovery organisation shall not exceed 33%
- Ownership of the operator must be structured in such a way that it avoids conflict of interest with companies and individuals who provide services to it and receive financial compensation for it. Owners of the packaging recovery organisation, board members and employees are not allowed to work in the interests of natural or legal entities who are engaged in waste management, especially in packaging waste management.
- Packaging recovery organisation must meet requirements and criteria in terms of staff and work space for performing activities, as follows:
- To have at least three (3) full-time employees, with a university degree, and with regularly settled contributions and health insurance to the competent authorities
- To have at least 50 m2 of working space owned or leased for its operations