Pakendiseadus (PakS)

§ 1. Scope of application of Act

(1) This Act provides the general requirements for packaging and the use of packaging, the measures for preventing or reducing the generation of packaging and the waste resulting from packaging, the organisation of a system for recovery of packaging and packaging waste, the requirements for audit and recycling targets, the requirements for audit of the data to be submitted to the packaging register and the bases for state supervision over the requirements, and the liability for failure to comply with the established requirements.

(2) This Act covers all packaging placed on the market in the Republic of Estonia and all packaging waste, whether it is used or released at industrial, commercial, household, office or any other level, regardless of the material used.

(3) This Act regulates the handling of packaging waste insofar as this is not regulated by the Waste Act. In cases where packaging is subject to requirements established by other legislation such as those regarding safety, the protection of health or transport, the Packaging Act applies with the specifications arising from such legislation.

(4) The provisions of the Administrative Procedure Act apply to the administrative proceedings prescribed in this Act, taking account of the specifications provided in this Act.

(5) The General Part of the Economic Activities Code Act applies to the activity licence procedure provided in this Act, taking account of the specifications provided in this Act.

(6) The provisions of the Product Conformity Act also apply to the provisions of this Act, taking account of the specifications arising from this Act.

§ 2. Packaging

(1) Packaging means products made of any materials to be used for the housing, protection, handling, delivery and presentation of goods during the life cycle of such goods: from raw materials to processed goods and from the producer to the consumer. Non-reusable packaging to be used for the same purposes shall also be considered to constitute packaging.

(2) The determination of a product as packaging is based on the following criteria:

1) a product is considered to be packaging if it meets the definition provided in subsection 1 of this section, without prejudice to other possible features of use of the packaging, with the exception of the situation where the packaging is an integral part of the product and must contain, support or preserve the product and its components throughout their lifetime and where the packaging and the product therein are indented to be used, consumed or disposed of together;

2) a product which is designed and designated to be filled at the place of sale and a product intended for single use which is being sold or which has been filled or which is designated to be filled at the place of sale is considered to be packaging if this product serves the function of packaging;

3) packaging components and additional elements permanently attached to the packaging are considered to be parts of the packaging to which they are attached. An additional element which hangs directly on a product or is attached to a product and serves the function of packaging is also considered to be packaging, unless such element is an integral part of the product and is intended to be consumed or disposed of together with the product.

(3) In determining whether a product is to be considered as packaging, explanatory examples provided in Annex I to Commission Directive 2013/2/EU amending Directive 94/62/EC of the European Parliament and of the Council on packaging and packaging waste (OJ L 37, 8.2.2013, p. 10–12) shall be taken into account, where appropriate.

§ 3. Types of packaging

(1) For the purposes of this Act, the types of packaging are:

1) sales packaging or primary packaging means part of a sales unit designated to be handed over to the end user or consumer at the place of sale. The packaging specified in clause 2 of subsection 2 of § 2 of this Act is also considered to be sales packaging;

2) grouped packaging or secondary packaging is meant for grouping a certain number of sales units at the place of sale regardless of whether the grouped packaging is sold as such to the end user or consumer or whether it serves only as a means to facilitate the handling of goods, or protection or presentation of goods, whereas grouped packaging can be removed from the product without affecting its characteristics;

3) transport packaging or tertiary packaging is meant for handling and transport of a certain number of sales units or goods in grouped packaging in order to prevent transport damage, whereas transport packaging does not include road, rail, sea and air containers.

(2) Depending on the number of use of packaging, the subtypes of the types of packaging specified in subsection 1 of this section are the following:

1) reusable packaging means packaging which is designed, prepared and placed on the market for re-transport or reuse within its life cycle and which is refilled or reused for the same purpose for which it was prepared;

2) non-reusable packaging is meant only for single use.

(3) The types of packaging material are the following:

1) glass means all fused inorganic glass types which belong to Chapter 70 of the Combined Nomenclature pursuant to Council Regulation (EEC) No 2658/87 on the tariff and statistical nomenclature and on the Common Customs Tariff (OJ L 256, 7.9.1987, p. 1–675);

2) plastic means polymer within the meaning of Article 3(5) of Regulation (EC) No 1907/2006 of the European Parliament and of the Council concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH), establishing a European Chemicals Agency, amending Directive 1999/45/EC and repealing Council Regulation (EEC) No 793/93 and Commission Regulation (EC) No 1488/94 as well as Council Directive 76/769/EEC and Commission Directives 91/155/EEC, 93/67/EEC, 93/105/EC and 2000/21/EC (OJ L 396, 30.12.2006, p. 1–850) and all natural and artificial polymer-based materials in both single and multi-layer embodiment which belong to Chapter 39 of the Combined Nomenclature pursuant to Council Regulation (EEC) No 2658/87;

3) ferrous metal means steel which belongs to Chapter 73 of the Combined Nomenclature pursuant to Council Regulation (EEC) No 2658/87;

3¹) non-ferrous metal means aluminium which belongs to Group 76 of the Combined Nomenclature, and other metals which are used as packaging materials and belong to Section XV (Base metals and articles of base metal) of the Combined Nomenclature pursuant to Council Regulation (EEC) No 2658/87;

4) paper and paperboard, including composite paperboard, which belong to Chapter 48 of the Combined Nomenclature pursuant to Council Regulation (EEC) No 2658/87;

5) wood;

6) other material.

(3¹) Composite packaging means packaging made of two or more layers of different materials which cannot be separated by hand and form a single integral unit, consisting of an inner receptacle and an outer enclosure, that is filled, stored, transported and emptied as such.

(3²) Oxo-degradable plastic means plastic material within the meaning of subsection 3 of § 7³ of the Waste Act.

(3³) Biodegradable plastic means plastic material within the meaning of subsection 4 of § 7³ of the Waste Act.

(4) Plastic carrier bag means a carrier bag, with or without handles, made of plastic which is supplied to the consumer at the place of sale of goods.

(5) The types of plastic carrier bags are as follows:

1) lightweight plastic carrier bag means a plastic carrier bag with a wall thickness below 50 microns;

2) very lightweight plastic carrier bag means a plastic carrier bag with a wall thickness below 15 microns which is used for ensuring hygiene or for primary packaging of loose food when this helps to prevent food wastage;

3) oxo-degradable plastic carrier bag means a plastic carrier bag made of plastic materials that include additives which catalyse the fragmentation of the plastic material into micro-fragments.

(6) Single-use plastic product means a plastic product within the meaning of § 22² of the Waste Act.

(7) The types of single-use plastic products are as follows:

1) beverage container – a receptacle for drinks which can hold up to three litres of liquid, including its cap or lid;

2) beverage bottle – a beverage container with a narrower neck or mouth which can hold up to three litres of liquid, including its cap or lid;

3) cup for beverages – a receptacle for drinks, either for filling at the point of sale or sold separately for private use, including its cover or lid;

4) food container – a receptacle, with or without a cover, used to contain ready-to-eat food, for consumption on-the-spot or take-away, and is typically consumed from the same receptacle without further cooking, boiling or heating;

5) packet or wrapper made from flexible material – a packet or wrapper used to contain ready-to-eat food intended for immediate direct consumption;

6) lightweight plastic carrier bag.

(8) Containers containing food in more than single-serve portions or single-serve portion-sized food containers sold in more than one unit are not deemed to be food containers specified in clause 4 of subsection 7 of this section.

§ 4. Packaging waste

For the purposes of this Act, packaging waste means any packaging or packaging material which after use of packaging turns into waste within the meaning of § 2 of the Waste Act. Waste from the production of packaging and packaging material is not considered to be packaging waste.

§ 4¹. Foreign matter

For the purposes of this Act, foreign matter means a material or object which by its nature does not form part of packaging waste or which is not collected together with packaging waste on the basis of this Act.

§ 5. Prevention of packaging and packaging waste and restriction on placing on market of single-use plastic products

(1) Prevention of packaging and packaging waste means prevention of waste generation within the meaning of § 22 of the Waste Act.

(2) At the place of sale of a packaging undertaking:

1) lightweight and very lightweight plastic carrier bags shall not be supplied to consumers free of charge, except for very lightweight plastic carrier bags which are used for ensuring hygiene or for primary packaging of loose food when this helps to prevent food wastage;

2) besides lightweight plastic carrier bags, including very lightweight plastic carrier bags, other possibilities for packaging goods shall be offered to consumers;

3) the sale or free of charge supply of oxo-degradable plastic carrier bags shall be avoided.

4) information must be provided to the end user and consumer on the availability of reusable food containers and cups for beverages, including the conditions under which the point of sale agrees to sell non-prepacked ready-to-eat food and beverages using the end user’s or consumer’s reusable food container or cup for beverages.

(3) It is prohibited to place on the market packaging made of oxo-degradable plastic and the following single-use plastic products made of expanded polystyrene:

1) food containers;

2) beverage containers, including beverage containers which can hold more than three litres of liquid;

3) cups for beverages.

(4) Placing on the market in subsection 3 of this section is deemed to have the meaning provided in subsection 1⁸ of § 23 of the Waste Act.

(5) A packaging undertaking takes measures to achieve an ambitious and sustained reduction in the consumption of single-use plastic products specified in clauses 3 and 4 of subsection 7 of § 3 of this Act in accordance with the general objectives of waste policy, in particular waste prevention, which should significantly reverse the trend of increasing consumption.

(6) The measures specified in subsection 5 of this section must achieve a measurable reduction in the consumption of single-use plastic products specified in clauses 3 and 4 of subsection 7 of § 3 of this Act by 2026 compared to the calendar year for which the packaging undertaking is obliged for the first time to submit data on single-use plastic products to the packaging register.

(7) To describe the measures specified in subsection 5 of this section, a packaging undertaking must prepare an action plan, which is published on the undertaking’s website, if it has one.

(8) At public events, only reusable receptacles and cutlery may be used to serve food and beverages.

§ 5¹. Handling of packaging waste

Handling of packaging waste means waste handling within the meaning of § 13 of the Waste Act.

§ 5². Packaging waste collection

Packaging waste collection means waste collection within the meaning of subsection 1 of § 14 of the Waste Act.

§ 5³. Separate collection of packaging waste

Separate collection of packaging waste means separate collection of waste within the meaning of subsection 1¹ of § 14 of the Waste Act.

§ 6. Reuse of packaging

Reuse of packaging means reuse within the meaning of § 14¹ of the Waste Act.

§ 6¹. Treatment of packaging waste

Treatment of packaging waste means treatment of waste within the meaning of § 16 of the Waste Act.

§ 7. Recovery of packaging waste

(1) Recovery of packaging waste means waste recovery within the meaning of § 15 of the Waste Act.

§ 8. Recycling of packaging waste

(1) Recycling of packaging waste means waste recycling within the meaning of subsection 4 of § 15 of the Waste Act.

§ 8¹. Packaging waste disposal

Packaging waste disposal means waste disposal within the meaning of subsection 1 of § 17 of the Waste Act.

§ 9. Energy recovery of packaging waste

Energy recovery of packaging waste means the use of combustible packaging waste as a means to produce energy through direct incineration of packaging waste with or without other waste, with recovery of the generated heat.

§ 9¹. Placing of packaged goods on market

For the purposes of this Act, placing of packaged goods on the market means making the goods packaged in Estonia or imported packaged goods available for distribution or use in Estonia for the first time. If goods are re-packaged, the making of re-packaged goods available in Estonia for the first time is also considered as placing of packaged goods on the market.

§ 10. Packaging undertaking

Packaging undertaking means any person who packages, imports or sells packaged goods within their economic or professional activities.

§ 10¹. Recovery organisation

(1) Recovery organisation means a legal person which founders and members are packaging undertakings or legal persons formed by packaging undertakings which members, partners or shareholders are packaging undertakings.

(2) The function of a recovery organisation is to organise, on the national level, the collection and recovery of the packaging and packaging waste of packaging undertakings who have transferred their obligations thereto pursuant to subsection 2 of § 12¹ of this Act and to develop the recovery system for ensuring the recovery of packaging waste at least to the extent of the recovery targets provided in § 36 of this Act.

(3) Where a local authority has organised the collection of packaging waste without deposit pursuant to subsections 3 and 11 of § 15 of this Act, the function of a recovery organisation is to organise the recovery of the collected packaging waste.

§ 10². Authorised representative

An authorised representative within the meaning of this Act is a person who performs the obligations of a packaging undertaking in the territory of a Member State in relation to extended producer responsibility schemes where the packaging undertaking does not have a seat in the Member State. The authorities are valid only if they have been approved in writing by the authorised representative. The authorised representative performs the tasks specified in the authorisation received from the packaging undertaking.

§ 11. Economic operator

For the purposes of this Act, economic operator means any packaging undertaking, packaging producer, a person who supplies, produces or processes packaging material, a recovery organisation, a packaging waste handler and administrative authority.

§ 12. Consent to voluntary cooperation

Consent to voluntary cooperation means a cooperation agreement which is entered into between the Ministry of Climate and an economic operator in order to improve the implementation of the objectives of this Act and is open for signing to all persons who want to comply with the conditions of cooperation. The obligations and liability arising from this Act cannot be transferred by the specified cooperation agreement.

§ 12¹. Principle of extended producer responsibility

(1) A packaging undertaking is required to ensure the acceptance of return and handling of the packaging of its packaged goods placed on the market and the waste resulting from the packaging and to bear the costs of these operations.

(2) A packaging undertaking may choose whether to fulfil the obligations individually or to transfer them to a recovery organisation by written contract. If a packaging undertaking transfers the obligations provided in subsection 1 of this section to a recovery organisation, the recovery organisation is responsible for the performance of these obligations.

(2¹) In order to organise the handling of waste resulting from sales packaging, except reusable packaging, a packaging undertaking is required to enter into a written contract with a recovery organisation.

(2²) A packaging undertaking which sells packaging with deposit to the end user or consumer cannot transfer the obligation to accept the return of packaging with deposit to a recovery organisation.

(3) A packaging undertaking and recovery organisation must ensure the necessary financial means or financial and organisational means to meet the obligations provided in subsection 1 of this section.

(4) A packaging undertaking is required to bear at least the costs of handling packaging and packaging waste which arise from:

1) separate collection and subsequent transport of packaging and packaging waste, taking into account the provisions of subsection 7 of § 15² of this Act, and their treatment, including treatment necessary to attain the targets provided in § 36 of this Act, taking into account revenues from the re-use or sale of secondary raw materials obtained from the products concerned and from unclaimed deposit fees;

2) information activities, collection and submission of data.

(4¹) A packaging undertaking is required to bear, in addition, the costs related to the single-use plastic products specified in 7 of § 3 of this Act in connection with:

1) the waste collection for the packaging concerned that is discarded in public collection systems, including the infrastructure and its operation, and the subsequent transport and treatment of that packaging waste;

2) the cleaning up of litter resulting from the packaging concerned and the subsequent transport and treatment of that litter.

(4²) The costs described in subsection 4¹ of this section shall not exceed the costs of providing the services described in the specified subsection in a cost-effective manner. Such costs shall be established in a transparent way between the actors concerned. The costs of cleaning up litter shall be limited to the activities carried out or authorised by public authorities.

(4³) The methodology for uniform calculation of the costs provided in subsection 4¹ of this section and the procedure for determination of the costs are established by a regulation of the minister in charge of the policy sector.

(5) The costs specified in subsection 4 of this section must not exceed the costs that are necessary to provide waste handling services in a cost-efficient way. Such costs shall be established in a transparent way between the actors concerned.

(6) A packaging undertaking is required to bear the costs provided in clause 1 of subsection 4 of this section only if the acts which caused the costs have been performed by the packaging undertaking itself, they have been performed with the authorisation of the packaging undertaking or the packaging undertaking has previously refused to perform such acts or grant such authorisation without a legal basis or if the costs arise from § 152 of this Act.

(7) A packaging undertaking whose seat is not in Estonia, but who places packaging on the market in Estonia in the course of its commercial or professional activity, irrespective of the selling technique used, must appoint an authorised representative, being a natural or legal person with residence or seat in Estonia, who performs the obligations imposed on packaging undertakings by this Act therefor.

(8) A packaging undertaking that places in the course of its commercial or professional activity single-use plastic products specified in subsection 7 of § 3 of this Act on the market of another Member State of the European Union where it does not have a seat appoints an authorised representative who is a natural or legal person with residence or seat in that Member State who performs the obligations imposed on packaging undertakings in that Member State on its behalf.

§ 13. General requirements for production and use of packaging

(1) Packaging must serve its purpose with as small volume and mass as possible, ensure the required level of safety and hygiene, be suitable for the packaged goods and acceptable for the consumer.

(2) Packaging must be designed, produced and sold in such a way as to permit its reuse or the recovery of packaging waste, including recycling in compliance with the waste hierarchy specified in § 22¹ of the Waste Act, and to eliminate adverse impact on the environment when packaging waste or residues from the processing of packaging waste are disposed of.

(3) Packaging must be produced in such a way that the content and harmful effect of hazardous substances in the packaging material and other components of the packaging would be reduced to such level that would minimise their presence in emissions, ash or leachate when the packaging or residues of its processing are incinerated or landfilled.

(4) The following requirements apply concurrently to reusable packaging:

1) the physical properties and technical solution of packaging shall enable the intended number of transport operations and use;

2) the processing of used packaging must be possible in compliance with occupational health, occupational safety and other safety requirements;

3) the requirements specific to recoverable packaging provided in subsection 5 of this section must be complied with when the packaging is no longer reused and becomes waste.

(5) The following requirements apply to recoverable packaging:

1) the packaging which waste is recoverable by the recycling of its material must be produced in a way that enables a certain portion of its material to be recycled and used in the production of marketable goods, whereas the proportion of the recycled material may depend on the material used in the production of packaging;

2) if the purpose of recovery of the waste of packaging is energy recovery, the packaging must have a minimum calorific value to allow optimisation of energy recovery;

3) the packaging which waste is composted for the purpose of recovery must be biodegradable, but this must not hinder separate collection, composting or other operations prescribed for the handling of the waste of such packaging;

4) biodegradable packaging must be produced in such a way that the majority of the compost created during physical, chemical, thermal or biological decomposition would decompose into carbon dioxide, biomass and water.

(6) Oxo-degradable plastic packaging is not deemed to be biodegradable packaging.

§ 13¹. Assumption of conformity to requirements for design and production of packaging

(1) If packaging is designed and produced in compliance with the harmonised standard, concerning which a notice has been published in the Official Journal of the European Union, it is assumed that the packaging which complies with such standard conforms to the requirements of § 13 of this Act with regard to the requirements covered by the standard.

(2) Information concerning the Estonian standards transposing the standards specified in subsection 1 of this section and the standards specified in Article 9 (3) of the European Parliament and Council Directive 94/62/EC on packaging and packaging waste (OJ L 365, 31.12.1994, p. 10–23) shall be published by the standards body Estonian Centre for Standardisation in an official publication made available on its website.

§ 14. Concentration levels of heavy metals in packaging

(1) The sum of concentration levels of lead, cadmium, mercury and hexavalent chromium as heavy metals present in packaging or packaging components shall not exceed 100 milligrams per kilogram.

(2) Subsection 1 of this section does not apply to packaging produced from the type of crystal glass containing lead specified in Annex 2 to Council Directive 69/493/EC on the approximation of the laws of the Member States relating to crystal glass (OJ L 326, 29.12.1969, p. 36).

(3) Subsection 1 of this section does not apply to plastic crates and plastic pallets in accordance with Commission Decision 1999/177/EC establishing the conditions for a derogation for plastic crates and plastic pallets in relation to the heavy metal concentration levels established in Directive 94/62/EC on packaging and packaging waste (OJ L 056, 4.3.1999, p. 47–48) and to glass packaging in accordance with Commission Decision 2001/171/EC establishing the conditions for a derogation for glass packaging in relation to the heavy metal concentration levels established in Directive 94/62/EC on packaging and packaging waste (OJ L 62, 2.3.2001, p. 20–21).

§ 15. Obligations of local authority upon organisation of collection and recovery of packaging and packaging waste

(1) Local authorities determine, within their administrative territories, the methods for collection of packaging and packaging waste and provide such methods in the waste management rules.

(2) The waste management plan of a local authority provides specific guidelines for the organisation and development of the collection and recovery of packaging and packaging waste, and sets out the measures to be implemented for achieving the established goals.

(3) The collection of municipal packaging waste without deposit is organised by a local authority within the framework of organised waste transport pursuant to the Waste Act, taking into account the specifications provided in this Act.

(4) In a densely populated area, municipal packaging waste without deposit is collected at source in separate collection containers as follows:

1) paper and cardboard packaging waste together with paper and cardboard waste;

2) beverage cartons together with plastic and metal packaging waste.

(5) In a densely populated area, glass packaging waste is collected separately in accordance with the plan specified in clause 14 of subsection 3 of § 42 of the Waste Act either in a public container for glass packaging waste or in a container for glass packaging waste at source.

(6) Outside a densely populated area, a local authority organises the collection of municipal packaging waste without deposit in accordance with the plan specified in clause 14 of subsection 3 of § 42 of the Waste Act, either at source or through public containers, in separate collection containers as follows:

1) paper and cardboard packaging waste together with paper and cardboard waste;

2) beverage cartons together with plastic and metal packaging waste;

3) glass packaging waste.

(7) A local authority ensures the collection of municipal packaging waste without deposit in public spaces within the framework of organised waste transport, both in densely populated areas and outside densely populated areas, taking into account the plan specified in clause 14 of subsection 3 of § 42 of the Waste Act and the comprehensive collection system for packaging waste.

(8) In addition to the organised collection of waste under subsections 4–7 of this section, a local authority must enable separate collection of municipal packaging waste without deposit at source as an optional additional service the transport costs of which are paid by the waste holder to the local authority or, on the basis of clause 9 of subsection 3 of § 67 of the Waste Act, to the packaging waste transport operator.

(9) The activities of a local authority upon the collection of municipal packaging waste without deposit in the framework of organised waste transport must not hinder the performance of the obligations by a packaging undertaking or recovery organisation, including the attainment of the recovery targets specified in § 36 of this Act.

(10) Collected packaging waste is transferred to recovery organisations in proportion to their market shares at the waste management facility prior to treatment operations. A waste management facility is deemed to be a waste management facility within the meaning of § 19 of the Waste Act.

(11) In low-density areas of the administrative territory specified in subsection 3 of § 66 of the Waste Act and in a local authority where waste transport has not been organised in accordance with subsection 2 of § 135 of the Waste Act, a local authority ensures the collection of municipal packaging waste without deposit and its transfer to recovery organisations in accordance with subsections 3 and 4 of § 15¹ of this Act.

(12) The function of a local authority is to inform the waste holder of the organisation of the collection of municipal packaging waste without deposit and the requirements for separate collection.

§ 15¹. Agreements between local authority and recovery organisations on transfer of packaging waste

(1) Before organising the waste transport specified in subsection 1 of § 66 of the Waste Act, a local authority and all recovery organisations dealing with municipal packaging waste without deposit agree in writing on a common waste management facility for the transfer of packaging waste.

(2) A local authority and recovery organisations may agree on several common waste management facilities for the transfer of packaging waste or on places for the transfer of glass packaging waste.

(3) A local authority and recovery organisations agree in writing on the transfer of packaging and packaging waste collected pursuant to subsection 11 of § 15 of this Act to recovery organisations through a waste management facility and on the bearing of the costs of transport and storage of the collected packaging and packaging waste by recovery organisations.

(4) Where the agreement specified in subsections 1–3 of this section is not reached, a waste management facility for the transfer of waste and the division of packaging waste in proportion to the market shares of recovery organisations are determined by the local authority.

(5) A local authority may organise the conclusion of the written agreement specified in this Act through a form of co-operation with other local authorities provided in § 62 of the Local Government Organisation Act or on the basis of an administrative contract through a company, non-profit association or foundation established by and under the direct control of the local authority.

§ 15². Obligations of recovery organisation upon collection of packaging and packaging waste and organisation of recovery in organised waste transport and division of costs

(1) A common waste management facility to be used for the transfer of packaging waste is provided and the related costs are borne by the recovery organisations in proportion to their market shares.

(2) A recovery organisation may refuse to accept packaging waste that has been separately collected on the order of a local authority if the proportion of foreign matter in the separately collected packaging waste exceeds five per cent of the weight of the collected packaging waste.

(3) Where a recovery organisation estimates that the proportion of foreign matter exceeds the percentage provided in subsection 2 of this section by weight, the recovery organisation must prove it.

(4) Where a recovery organisation proves that the proportion of foreign matter in the packaging waste that has reached a common waste management facility exceeds the percentage provided in subsection 2 of this section by weight of the collected packaging waste, the local authority compensates the recovery organisation for the handling costs related to such waste to the extent of the excess percentage of the foreign matter.

(5) The costs of collecting municipal packaging waste without deposit in the course of waste transport organised by a local authority are compensated for by a recovery organisation to the extent determined in the public contract, taking account of the agreement provided in subsections 1 and 2 of § 151 of this Act and subsections 4 and 7 of this section.

(6) A recovery organisation compensates the packaging waste transport operator specified in subsection 3¹ of § 67 of the Waste Act through the local authority for the costs specified in subsection 5 of this section and subsection 3 of § 15¹ of this Act once per calendar month.

(7) A waste holder pays 0.50 euros of the transport cost of collecting packaging waste without deposit at source for the emptying of each collection container during a collection round to the local authority or, on the basis of clause 9 of subsection 3 of § 67 of the Waste Act, to the packaging waste transport operator. If collection bags are used, the waste holder pays 0.50 euros of the transport cost per collection round.

§ 16. Obligations of packaging undertaking upon collection and recovery of packaging and packaging waste and upon prevention of generation of packaging waste

(3) A packaging undertaking which places on the market packaged goods with a packaging weight of more than five tonnes per year and does not transfer the obligations specified in subsection 1 of § 12¹ of this Act to a recovery organisation and is not required to do so pursuant to subsection 2¹ of § 12¹ of this Act must organise the collection of packaging waste of its goods at each point of sale of its goods, inform consumers of the possibility to return packaging waste to the point of sale and keep records of the collection and recovery of packaging waste of its goods at each point of sale separately.

(3¹) The packaging undertaking specified in subsection 3 of this section shall submit the following information and documents at the request of a person with supervisory authority:

1) the mass of waste resulting from the packaging of goods placed on the market in terms of types of packaging material;

2) the list of places of sale;

3) information concerning the organisation of collection of packaging waste at each place of sale and the locations of the collection sites;

5) written agreements entered into with the undertaking recovering packaging waste.

(6) The procedure for reuse of packaging and recovery of packaging and packaging waste, including calculation of recycling targets, shall be established by a regulation of the minister in charge of the policy sector, taking account of the provisions of Article 6a of the European Parliament and Council Directive 94/62/EC.

(7) A packaging undertaking which sells packaged goods to the end user or consumer provides information on the prevention of waste generation and littering.

(8) A packaging undertaking which sells single-use plastic products to the end user or consumer communicates information on the impact of littering with those products and other inappropriate disposal of such waste on the environment, in particular on the marine environment.

(9) A packaging undertaking which sells packaged goods and uses for the delivery thereof a postal service or another person who delivers goods in the course of its commercial or professional activities may organise the acceptance of return of packaging and packaging waste free of charge from the end user or consumer through the person delivering the goods, informing the end user or consumer of such possibility in advance.

(10) A packaging undertaking is required to avoid mixing returnable packaging and packaging waste collected separately or sorted by packaging materials with other waste or packaging materials.

(11) A packaging undertaking is required to provide the end user and consumer with a possibility to return its packaging and packaging waste containing hazardous substances, taking account of the handling requirements provided in the Waste Act and the Chemicals Act and legislation established on the basis thereof.

§ 17. Activity licence of recovery organisation

A recovery organisation shall hold an activity licence.

§ 17¹. Requirements for collection of packaging waste without deposit outside organised waste transport

(1) Where a local authority has not organised the collection of municipal packaging waste without deposit on the basis of subsections 3 and 11 of § 15 of this Act, the recovery organisation must ensure that the density of collection sites for each recovery organisation is as follows:

1) if, in a densely populated area, population density is more than 1,000 residents per square kilometre – at least one collection site within 500 metres from the waste holder;

2) if, in a densely populated area, population density is more than 500 residents per square kilometre – at least one collection site within 1,000 metres from the waste holder;

3) if population density is less than 500 residents per square kilometre – in settlements in the territory of the local authority such that there is one collection site per 500 residents.

(1¹) Upon assessment of compliance with the conditions listed in subsection 1 of this section, only such collection sites of the waste of packaging without deposit are taken into account which are intended for and available to the general public for the delivery of packaging waste.

(1²) Densely populated areas specified in subsection 1 of this section have been designated on the basis of the Spatial Planning Act.

(1³) A recovery organisation and a local authority determine the collection sites specified in subsection 1 of this section in a written agreement.

(2) The local authority shall enable the recovery organisations to comply with the conditions provided in subsection 1 of this section.

(3) To comply with the conditions listed in subsection 1 of this section, the recovery organisations may enter into agreements between themselves or with the packaging undertaking specified in subsection 3 of § 16 of this Act, whereas the collection of all types of packaging material must be ensured in each collection site.

(4) The locations of the collection sites specified in subsection 1 of this section, the minimum number and minimum capacities of the collection containers per each collection site and their emptying frequency are agreed on between the recovery organisation and the local authority. Upon agreement with the local authority, the collection of packaging waste may also be organised as collection at the place generation of waste. In this case the density of packaging waste collection sites and the number and capacities of collection containers prescribed for collection may be reduced with the consent of the local authority.

(4¹) A local authority may organise the handling of overfilled public packaging waste containers and the packaging waste accumulated around them at the collection sites specified in subsection 1 of this section.

(4²) A local authority must, before commencing the activity specified in subsection 4¹ of this section, provide the recovery organisation with an opportunity to perform its obligations. If the recovery organisation fails to perform its obligations, the local authority shall organise the handling of packaging waste and present an invoice for the activity specified in subsection 4¹ of this section to the recovery organisation.

(5) Upon collection of packaging waste without deposit in accordance with subsection 1 of this section, a recovery organisation must ensure the collection of all types of packaging materials at each collection site.

(6) A recovery organisation must ensure that packaging waste which is not collected on the order of the local authority on the basis of subsections 3 and 11 of § 15 of this Act is received free of charge at least through the waste treatment plants of the local authority.

(7) The end user or consumer is required to return packaging and packaging waste such that the packaging is empty and sorted by type pursuant to the procedure established in the waste management rules of the local authority specified in subsection 1 of § 15 of this Act and in accordance with the requirements of the packaging undertaking or recovery organisation.

§ 17². Subject of review of activity licence

(1) In order to obtain an activity licence, a person shall:

1) be able to perform the obligations provided in subsection 1 of § 12¹, subsection 1 of § 21¹ and § 36 throughout the country;

2) have an activity plan concerning the performance of the obligations of packaging undertakings provided in subsection 1 of § 12¹ and § 24 of this Act;

3) be able to perform the obligations provided in subsection 1 of § 17¹ and § 17⁴ of this Act.

(2) The parts of the activity plan specified in clause 2 of subsection 1 of this section are:

1) a plan for involving different regions throughout the country in the collection system of such packaging and packaging waste which is not collected on the basis of subsections 3 and 11 of § 15 of this Act;

2) a financial plan which sets out the sources of funding, investments in the infrastructure for packaging waste collection and increasing of capacity and capability, money held for future investments and service charges payable to other persons involved in the collection of packaging waste;

3) conditions for buying services related to the handling of packaging and packaging waste;

4) a strategy for involving other packaging undertakings in the recovery organisation;

5) a sample contract to be entered into between the recovery organisation and a packaging undertaking whereas the contract shall ensure transfer of the obligations of the packaging undertaking specified in subsection 1 of § 12¹ of this Act to the recovery organisation, performance of the obligations by the recovery organisation and compensation for costs, including a notation on how the charge payable by the packaging undertaking is calculated;

6) a communication strategy which contains key messages concerning the activities specified in clause 11 of subsection 1 of § 17⁴ of this Act, an overview of the collection and recovery system, target groups, the possibilities and methods of reaching them and a timetable.

(3) No member, partner or shareholder of a recovery organisation may hold more than 25 per cent of the voting rights determined by their membership or shares.

§ 17³. Application for activity licence

In order to obtain an activity licence, the applicant must, in addition to the information specified in subsection 2 of § 19 of the General Part of the Economic Activities Code Act, submit the following information and documents to the Environmental Board:

1) a copy of the articles of association;

2) a list of members, partners or shareholders;

3) a bank statement concerning the account balance;

4) a copy of the activity plan specified in clause 2 of subsection 1 of § 17² of this Act;

5) copies of contracts entered into with the operators engaged in collecting, transporting and processing packaging.

§ 17⁴. Obligations of recovery organisation

(1) The function of a recovery organisation is to ensure:

1) collection of packaging and packaging waste throughout the country, except collection on the basis of subsections 3 and 11 of § 15 of this Act;

2) re-use of collected reusable packaging and recovery of packaging waste, ensuring recycling of recyclable packaging;

3) access of all packaging undertakings to the services of the recovery organisation;

4) collection of charges on equal terms from the packaging undertakings who have transferred their obligations pursuant to subsection 2 of § 12¹ of this Act and offering of services to them based on the mass of packaging waste of packaged goods placed on the market by the packaging undertakings and the service charges rates disclosed by the recovery organisation;

4¹) calculation of the waste handling service charge pursuant to subsection 4 of § 12¹ of this Act;

4²) that the durability, reparability, reusability and recyclability of packaging and the presence of hazardous substances are taken into account upon calculating waste handling service charges for packaging undertakings, thereby taking a life-cycle approach;

5) purchase of the service related to the handling of packaging and packaging waste on the basis of competition by requesting at least three tenders submitted on equal terms, unless there is no plurality of tenderers on the market, proceeding from the principles of economical use of resources, transparency and controllability of the procurement and equal treatment of service providers, and proof of recovery through the service provider selected on the basis of competition;

5¹) publication of the selection procedure provided in clause 5 of this subsection on the website of the recovery organisation;

6) if the recovery organisation is engaged in the purchase of packaging material, disclosure of such price list on its website;

7) presentation of the price of the service charge for the obligations transferred pursuant to subsection 2 of § 12¹ of this Act per one tonne of packaging placed on the market, including, where appropriate, in terms of different types of plastic and other materials;

8) availability of the information concerning the packaging undertakings who have transferred their obligations pursuant to subsection 2 of § 12¹ of this Act and information related to the collection and recovery of packaging and packaging waste to the Ministry of Climate and persons with supervisory authority;

9) reinvestment of profit of the recovery organisation in the operation of the recovery organisation and no distribution of profit among the members, partners or shareholders;

10) transparency of financial relations between the recovery organisation and its members, partners or shareholders;

11) informing the public and consumers of the rules and requirements for return of packaging and packaging waste specified in clause 1 of this subsection and of prevention of waste generation and littering, including the impact of littering with single-use plastic products and other inappropriate disposal of such waste on the environment, in particular on the marine environment;

13) making the annual report available on its website by 31 July each year;

14) publication of information on the packaging waste collected, recovered and recycled during the previous calendar year on its website by 31 July each year;

15) publication of information on the return of packaging with deposit and on information activities and their cost on its website;

16) publication of a communication plan containing the activities specified in clause 11 of this subsection planned to be undertaken in the next calendar year on its website no later than by 1 November each year;

17) advising packaging undertakings and raising awareness of compliance with the requirements provided in this Act;

18) publication of the conditions for the purchase of services related to the handling of packaging and packaging waste on its website;

19) publication of the strategy for involving other packaging undertakings in the work of the recovery organisation and an overview of new packaging undertakings involved in the previous calendar year on its website by 31 July each year.

(4) A recovery organisation is obliged to submit information concerning the transactions which have been made by its members, partners or shareholders and have been necessary for the purpose of verifying performance of the obligations provided in clause 9 of subsection 1 of this section to the minister in charge of the policy sector if so requested by the latter.

(5) The expenses on the informing specified in clause 11 of subsection 1 of this section must make up at least two percent of the turnover of the recovery organisation for the calendar year; whereas deposit is not taken into account for the purposes of calculating turnover.

(6) The informing of the public and consumers specified in clause 11 of subsection 1 of this section must be provided at least through the national media, county and municipal newspapers, and outdoor advertising.

§ 17⁵. Issue of activity licence

The Environmental Board issues an activity licence within 63 days as of the receipt of a proper application. Where the Environmental Board fails to process the application within the specified time limit or extended time limit, the activity licence is not deemed to be granted to the undertaking by default upon expiry of the time limit.

§ 18¹. Self-checking system of packaging undertakings and recovery organisations

(1) Packaging undertakings and recovery organisations must implement a self-checking system which ensures availability of at least the data concerning:

1) correctness of financing of the obligations provided in subsection 1 of § 12¹ of this Act;

2) correctness of compliance with the requirements on calculation of waste handling service charges for packaging undertakings in accordance with clause 4² of subsection 1 of § 17⁴ of this Act;

3) correctness of data submitted to the packaging register;

4) correctness of data collected about waste shipments pursuant to Regulation (EC) No 1013/2006 of the European Parliament and of the Council on shipments of waste (OJ L 190, 12.7.2006, p. 1–98).

(2) Persons who have an eco-management and audit scheme compliant with the requirements of Regulation (EC) No 1221/2009 of the European Parliament and of the Council on the voluntary participation by organisations in a Community eco-management and audit scheme (EMAS), repealing Regulation (EC) No 761/2001 and Commission Decisions 2001/681/EC and 2006/193/EC (OJ L 342, 22.12.2009, p. 1-45) are released from the obligation specified in subsection 1 of this section.

(3) The data of the self-checking system must be documented and updated at least once every 12 months.

§ 19. Economic measures

The economic measures to be implemented in order to guarantee the functioning of the system for the collection and recovery of packaging and packaging waste are the acceptance of return of packaging obligation, deposit and excise duty on packaging.

§ 21. Deposit

(1) A deposit is assigned to a packaging for the value of one packaging which is added to the price of one sales unit.

(2) A deposit is established for the following reusable packaging of beer, alcoholic beverages with low ethanol content, cider, perry and soft drinks:

1) glass packaging;

2) plastic packaging.

(3) A deposit is established for the following non-reusable packaging of beer, alcoholic beverages with low ethanol content, cider, perry and soft drinks:

1) glass packaging;

2) plastic packaging;

3) metal packaging.

(3¹) In addition to the provisions of subsections 2 and 3 of this section, deposit may also be applied to non-reusable and reusable packaging of strong alcoholic beverages, low-alcohol beverages and syrup.

(3²) In addition to the provisions of subsections 2–3¹ of this section, deposit may also be applied to other packaging.

(4) Beer and alcoholic beverages with low ethanol content specified in subsections 2 and 3 of this section are deemed to be beer and alcoholic beverages with low ethanol content within the meaning of the Alcohol Act, cider and perry are deemed to be cider and perry within the meaning of the requirements established on the basis of subsection 2 of § 4 of the Alcohol Act, and soft drinks are deemed to be beverages for which the Combined Nomenclature code established by Council Regulation (EEC) No 2658/87 is 2009, 2201 or 2202. Strong alcoholic beverages and low-alcohol beverages specified in subsection 31 of this section are deemed to be strong alcoholic beverages and low-alcohol beverages within the meaning of the Alcohol Act and syrup is deemed to be juice concentrate or a beverage made from sugar syrup or other syrup.

(4¹) A packaging undertaking does not add a deposit to:

1) exported packaging if export thereof is certified by an export customs declaration;

2) packaging that is taken from Estonia to another Member State or to a vessel or aircraft engaged in international travel to be consumed or as goods sold to be taken away;

3) the packaging specified in subsections 2–3¹ of this section with a capacity of more than 3.0 litres and the packaging with a capacity of less than 0.1 litres;

4) the packaging specified in subsections 2–3¹ of this section if acceptance of its return is technically impossible.

(4²) In the case of packaging provided in clauses 1 and 2 of subsection 4¹ of this section, the marking for the deposit amount established on the basis of subsection 6 of § 23 of this Act may only be used with the approval of the holder of the marking.

(5) The amount of the deposit shall be established by a regulation of the minister in charge of the policy sector.

(6) A deposit shall not be less than 0.03 euros.

(7) The deposit amount may be amended if at least 12 months have passed from the previous amendment.

(8) A deposit does not include the costs of acceptance of return of the packaging and packaging waste and the costs related to its organisation.

(9) Upon the sale of packaging with deposit, the amount of the deposit is disclosed taking account of the requirements provided in § 7 of the Consumer Protection Act.

(10) A deposit paid is returned when the end user or consumer delivers a reasonable quantity of packaging on which deposit has been established to the place of sale of the goods or to a place prescribed for this purpose in the close proximity thereof. A deposit is not returned:

1) in the cases provided in subsections 2 and 2¹ of § 23 of this Act;

2) if more than 24 months have passed from termination of placing the packaging on the market.

(11) A packaging undertaking shall ensure that the established deposit is added to the price of packaged goods during the entire sales cycle of the goods, and that the accounts are settled upon each return transaction.

§ 21¹. Acceptance of return of packaging with deposit

(1) A packaging undertaking which sells packaged goods to the end user or consumer is required to accept the return of sales packaging and packaging waste of the sold goods from the end user or consumer free of charge. The requirement to accept the return applies only to the packaging, the type, shape and size of which correspond to the type, shape and size of the packaging of the goods sold at that point of sale or of the packaging of the goods transferred by the seller of these goods.

(2) A person selling packaged goods has no obligation to accept the return of packaging and packaging waste if the size of the point of sale is less than 20 square metres and it is located in a densely populated area.

(3) If the size of the point of sale of a seller of packaged goods is 200 square metres or more than 200 square metres, the seller must organise acceptance of the return of such packaging on which deposit has been established at the point of sale or in its service area during trading hours of the point of sale.

(4) A seller of packaged goods whose point of sale is smaller than 200 square metres may organise acceptance of the return of such packaging on which deposit has been established outside the boundaries of the service area of its point of sale, but during trading hours of the point of sale and only with the consent of the local authority. It should be taken into account, however, that in an area where the population density is less than 500 residents per square kilometre, there should be at least one point for acceptance of the return of packaging in a settlement located in the territory of the local authority.

(5) The obligation established in subsections 3 and 4 of this section is deemed to be complied with by a seller of packaged goods where two or more points of sale are in close proximity to each other and the sellers of packaged goods have agreed to organise acceptance of the return of packaging with deposit jointly at the point of sale or in the service area of one of the sellers of packaged goods or elsewhere in close proximity to the point of sale.

(6) The sellers of packaged goods acting jointly as specified in subsection 5 of this section are jointly and severally liable for the functioning of the point of acceptance of the return of packaging with deposit.

§ 22. Excise duty on packaging

The packaging subject to packaging excise duty and the corresponding excise duty rates are provided by the Packaging Excise Duty Act.

§ 23. Marking of packaging

(1) A packaging undertaking who places packaged goods on the market equips the packaging on which deposit has been established on the basis of subsections 2–3¹ of § 21 of this Act or the label of such packaging with a deposit marking. A packaging undertaking who has transferred its obligations to a recovery organisation pursuant to subsection 2 of § 12¹ of this Act equips the packaging or label with a bar code registered in the recovery organisation in addition to the deposit marking. A packaging undertaking who has not transferred its obligations to a recovery organisation may not use a bar code registered in a recovery organisation.

(2) Where the packaging on which deposit has been established on the basis of subsections 2–3¹ of § 21 of this Act lacks the deposit marking or bar code or it is not clearly visible or legible on the packaging or label or it is physically damaged, the return of the packaging is accepted in accordance with the rules provided in §§ 15 and 17¹ of this Act and no deposit is returned for such packaging.

(2¹) Where a deposit marking changes for the packaging on which deposit has been established on the basis of subsections 2–3¹ of § 21 of this Act, deposit is returned for the packaging with the previous marking within 24 months from the date the new marking takes effect, after which the return of the packaging is accepted in accordance with the rules provided in §§ 15 and 17¹ of this Act and no deposit is returned for such packaging.

(3) In order to facilitate the collection, reuse and recovery of packaging and packaging waste, a packaging undertaking may specify the following information on the packaging or label:

1) a marking that indicates the transfer of the obligations of the packaging undertaking pursuant to subsection 2 of § 12¹ of this Act;

2) indication of the nature of the packaging material pursuant to Commission Decision 97/129/EC establishing the identification system for packaging materials pursuant to European Parliament and Council Directive 94/62/EC on packaging and packaging waste (OJ L 50, 20.2.1997, p. 28–31) and information on the natural decay time of such packaging;

3) other data deemed to be relevant by the packaging undertaking if presentation of such data is not in conflict with law and does not hinder comprehension of the main text.

(4) Markings entered on packaging and labels shall be clearly visible, easily legible, appropriately durable and lasting, including when the packaging is opened.

(5) The sale of goods in packaging which lacks the required markings specified in subsection 1 of this section is prohibited.

(6) The minister in charge of the policy sector shall establish deposit markings which the packaging undertakings who have transferred their obligations to a recovery organisation are obliged to use, taking account of proposals of a recovery organisation.

(8) If the deposit marking for the packaging on which deposit has been established on the basis of subsections 2–3¹ of § 21 of this Act changes, a packaging undertaking who sells packaged goods to the end user or consumer terminates the sale of the packaging with the previous marking when 12 months have passed from the establishment of the new marking.

§ 23¹. Marking of single-use plastic cups for beverages

A marking is added to single-use plastic cups for beverages in accordance with the requirements established by Commission Implementing Regulation (EU) 2020/2151 laying down rules on harmonised marking specifications on single-use plastic products listed in Part D of the Annex to Directive (EU) 2019/904 of the European Parliament and of the Council on the reduction of the impact of certain plastic products on the environment (OJ L 428, 18.12.2020, p. 57–67).

§ 24. Keeping records on packaging and packaging waste

(1) A packaging producer, an importer or exporter of empty packaging, a packaging undertaking who places packaged goods on the market, a person who exports packaged goods and a packaging waste handler are obliged to keep consistent records on the mass of packaging material by the types of packaging and packaging material specified in subsections 1–3 of § 3 of this Act, including separately concerning packaging provided in the Packaging Excise Duty Act, as follows:

1) produced empty packaging and imported and exported empty packaging;

2) packaging of packaged goods and imported and exported packaging of packaged goods;

3) packaging of goods placed on the market;

4) generated packaging waste;

5) reusable packaging;

6) packaging waste recovered in Estonia and imported and exported packaging waste;

7) packaging containing heavy metals.

(3) The source documents serving as the basis for the records specified in subsection 1 of this section and the consolidated data compiled on the basis thereof shall be preserved for a period of at least seven years. For the purposes of this Act, the source documents are the following:

1) accounting source documents concerning the production, sale, import and export of packaging;

2) documents concerning the sale, import and export of packaged goods;

3) documents proving the acquisition of packaging;

4) accounting source documents, receipt documents and deeds as well as recovery certificates in a format that can be reproduced in writing issued by the undertakings recovering packaging and packaging waste;

5) customs declarations accepted by the customs as well as the accompanying documents on import and export of packaging, packaged goods and packaging waste pursuant to Regulation (EC) No 1013/2006 of the European Parliament and of the Council.

(4) A packaging undertaking who places packaged goods on the market and has not transferred its obligations to a recovery organisation is obliged to submit the following verified data per calendar year by the types of packaging and packaging material, including separately concerning packaging provided in the Packaging Excise Duty Act, for the purpose of entry in the packaging register:

1) the mass of reusable packaging;

2) the mass of packaging of the goods placed on the market;

3) data on the recovery of packaging waste;

4) data on the content of recycled plastic in the composition of plastic beverage bottles placed on the market in Estonia, calculated as an average for plastic bottles placed on the market.

(4¹) In addition to the data listed in subsection 4, the packaging undertaking specified in subsection 4 of this section also submits data to the packaging register on the quantity of single-use plastic products.

(5) A packaging undertaking that has transferred its obligations to a recovery organisation pursuant to subsection 2 of § 12¹ of this Act submits the data specified in clauses 1, 2 and 4 of subsection 4 of this section per calendar year to the recovery organisation.

(6) A recovery organisation submits the data specified in clauses 1, 2 and 4 of subsection 4 of this section per calendar year concerning each packaging undertaking that has transferred its obligations thereto for the purpose of entry in the packaging register and the data specified in clause 3 as consolidated data.

(7) Undertakings recovering packaging waste and undertakings intermediating recovery of packaging waste prepare a certificate on recovery of packaging waste per calendar year to the packaging register in respect of each packaging undertaking or recovery organisation or undertaking intermediating recovery of packaging waste who has entered into a contract therewith.

§ 24¹. Audit of financial management of packaging undertaking and recovery organisation and of data to be submitted to packaging register

(1) The purpose of the audit of financial management of a packaging undertaking and a recovery organisation and of data to be submitted to the packaging register (hereinafter audit) is to provide an assessment about:

1) existence of sufficient funds for financing the obligations provided in subsection 1 of § 12¹ of this Act;

2) compliance with the requirements for calculation of waste handling service charges for packaging undertakings in accordance with clause 4²of subsection 1 of § 17⁴ of this Act;

3) correctness of data submitted to the packaging register;

4) correctness of data collected about waste shipments pursuant to Regulation (EC) No 1013/2006.

(2) Audit shall be carried out by a sworn auditor within the meaning of the Auditors Activities Act to the extent indicated in subsection 1 of this section.

(3) A packaging undertaking who places on the market packaged goods with a mass of packaging of more than twenty tonnes per year and a recovery organisation shall organise the audit as a limited assurance engagement within the meaning of the Auditors Activities Act.

(3¹) A packaging undertaking whose audit report summary is presented without modifications shall be released from organising audits in the three following calendar years.

(5) A packaging undertaking shall submit the assurance engagement summary of the independent sworn auditor to the packaging register. If a packaging undertaking has transferred the obligations to a recovery organisation, the packaging undertaking shall forward the assurance engagement summary of the independent sworn auditor to the recovery organisation who shall submit it to the packaging register.

(6) Upon verification of the data of a recovery organisation to be submitted to the packaging register, the summary of the sworn auditor of the packaging undertaking who has transferred its obligations is taken into account.

§ 24². Maintenance of records concerning consumption of lightweight plastic carrier bags

A packaging undertaking is required to maintain records at the point of sale concerning lightweight and very lightweight plastic carrier bags sold and supplied free of charge to consumers and to submit the data to the packaging register.

§ 25. Packaging register

(1) The packaging register is a database the purpose of which is to keep records of the packaging of goods placed on the market, packaging waste generated in Estonia, re-use of packaging, recovery of packaging waste, attainment of recovery targets and single-use plastic packaging for the performance of the functions arising from the Packaging Act and the Packaging Excise Duty Act, for exercising supervision and for submission of information on packaging waste and single-use plastic packaging to the European Commission.

(2) The packaging register is established and its statutes are approved by a regulation of the Government of the Republic, setting out:

1) the data processor;

2) the duties of the data controller and data processor;

3) data providers, detailed composition of the data to be collected, and the procedure for their entry in the database;

4) rules for access to data and issue of data;

5) detailed rules for the preservation of data and the retention periods of logs;

6) other organisational matters.

(3) The data to be entered in the packaging register, the procedure for their submission, the access to the data in the register and to the source documents serving as the basis for the records as well as the procedure for forwarding data arising from international commitments shall be established by the statutes specified in subsection 2 of this section.

(4) The controller of the packaging register is the Ministry of Climate.

(5) The controller of the packaging register, the Environmental Board and the Tax and Customs Board have the right, upon performance of the functions assigned to them by law, to examine the source documents of records specified in subsections 1, 3, 4 and 6 of § 24 of this Act and the consolidated data prepared on the basis thereof.

(7) The following personal data are processed in the packaging register:

1) identification data: personal identification code, given name and surname;

2) contact details, including email address, telephone number and address.

(8) The data in the packaging register are retained for seven years. The logs are retained in accordance with the provisions of the statutes of the register.

§ 26. State supervision

(1) State supervision over compliance with this Act is exercised by the Environmental Board, the Consumer Protection and Technical Regulatory Authority, the Tax and Customs Board, the Agriculture and Food Board, and rural municipality and city governments.

(2) The Consumer Protection and Technical Regulatory Authority supervises compliance with the obligation to accept the return and the requirements for accepting the return of packaging and packaging waste in accordance with the rules provided in the Consumer Protection Act.

(3) The rural municipality and city governments are entitled to exercise supervision in their administrative territory over the acceptance of return, collection and recovery of packaging and packaging waste and the restriction on the placing on the market of single-use plastic products.

(4) The Environmental Board and the Tax and Customs Board have the right to inspect the places of business of packaging undertakings and of persons engaged in the collection and recovery of packaging and packaging waste.

(5) Supervision over compliance with the requirements provided in Chapters 2 and 5 of this Act shall be exercised taking account of the specifications provided in Regulation (EC) No 765/2008 of the European Parliament and of the Council setting out the requirements for accreditation and market surveillance relating to the marketing of products and repealing Regulation (EEC) No 339/93 (OJ L 218, 13.8.2008, p. 30–47).

§ 26¹. Special state supervision measures

Law enforcement authorities may apply the special state supervision measures provided in §§ 30, 31, 32, 49, 50, 51, 52 and 53 of the Law Enforcement Act for exercising the state supervision provided in this Act on the basis of and pursuant to the procedure provided by the Law Enforcement Act.

§ 26². Non-compliance levy rate

Upon failure to comply with a precept, the maximum rate of a non-compliance levy imposed pursuant to the procedure provided by the Substitutional Performance and Non-Compliance Levies Act is 32,000 euros.

§ 26⁴. Audit for purposes of supervision

(1) The Environmental Board may require an audit at the expense of a packaging undertaking or recovery organisation the purpose of which is to provide an assessment about:

1) existence of sufficient funds for financing the obligations provided in subsection 1 of § 12¹ of this Act;

2) compliance with the requirements for calculation of waste handling service charges for packaging undertakings in accordance with clause 4² of subsection 1 of § 17⁴ of this Act;

3) correctness of data submitted to the packaging register;

4) correctness of data collected about waste shipments pursuant to Regulation (EC) No 1013/2006.

(2) The audit specified in subsection 1 of this section shall be carried out by a sworn auditor as a limited assurance engagement within the meaning of the Auditors Activities Act.

§ 29. Failure to perform obligation to recover packaging waste

(1) Failure to perform the obligation to recover packaging waste, including failure to achieve the recovery target,

is punishable by a fine of up to 300 fine units.

(2) The same act, if committed by a legal person,

is punishable by a fine of up to 200,000 euros.

§ 30. Failure to perform obligation to accept, and violation of requirements for acceptance, of return of packaging and packaging waste

(1) Failure to perform the obligation to accept, and violation of the requirements for acceptance of, the return of packaging and packaging waste

is punishable by a fine of up to 300 fine units.

(2) The same act, if committed by a legal person,

is punishable by a fine of up to 200,000 euros.

§ 30¹. Violation of requirements for maintenance of records on packaging and packaging waste and failure to implement self-checking system

(1) Violation of the requirements for maintenance of records on packaging and packaging waste or failure to implement a self-checking system

is punishable by a fine of up to 200 fine units.

(2) The same act, if committed by a legal person,

is punishable by a fine of up to 100,000 euros.

§ 30². Failure to perform obligation to prevent packaging and packaging waste and to restrict placing on market of single-use plastic products

(1) Failure to perform the obligation to prevent packaging and packaging waste or to restrict the placing on the market of single-use plastic products

is punishable by a fine of up to 300 fine units.

(2) The same act, if committed by a legal person,

is punishable by a fine of up to 200,000 euros.

§ 33. Proceedings

(2) Extra-judicial proceedings concerning the misdemeanours specified in §§ 29–30² of this Act are conducted by the Environmental Board.

(4) Extra-judicial proceedings concerning the misdemeanours specified in §§ 29 to 301 of this Act are also conducted by the Tax and Customs Board.

(5) Extra-judicial proceedings concerning the misdemeanour specified in § 30 of this Act are also conducted by the Consumer Protection and Technical Regulatory Authority.

(6) Extra-judicial proceedings concerning the misdemeanours specified in §§ 29, 30 and 30² of this Act are also conducted by the rural municipality and city governments.

§ 34

–

§ 35

[Omitted from this text.]

§ 36. Recovery targets

(1) As of 1 May 2004, a packaging undertaking, except for a person who sells packaged goods, shall ensure the recovery of the packaging waste generated from the packaging of the goods packaged thereby and from imported packaged goods to the following extent:

1) at least 50 per cent annually of the total mass of packaging waste;

2) by way of recycling at least 25 per cent annually of the total mass of packaging waste and at least 15 per cent annually of the total mass of each type of packaging.

(2) As of 1 January 2009, packaging waste shall be recovered as follows:

1) at least 60 per cent of the total mass of packaging waste per calendar year;

2) by way of recycling at least 55 per cent and not more than 80 per cent of the total mass of packaging waste per calendar year.

(2¹) At least 65 per cent of the total mass of packaging waste must be recycled by 31 December 2025 at the latest.

(2²) At least 70 per cent of the total mass of packaging waste must be recycled by 31 December 2030 at the latest.

(3) To ensure compliance with the recovery targets established in subsection 2 of this section, a packaging undertaking shall recover packaging material types as of 1 January 2009 at least to the following extent per calendar year:

1) 70 per cent of the total mass of glass waste by way of recycling;

2) 70 per cent of the total mass of paper and paperboard waste, whereas 60 per cent of the total mass by way of recycling;

3) 60 per cent of the total mass of metal waste by way of recycling;

4) 55 per cent of the total mass of plastic waste, whereas 45 per cent of the total mass of plastic waste by way of recycling and 22.5 per cent of the total mass of plastic waste by way of reprocessing into plastic;

5) 45 per cent of the total mass of wood waste, whereas 20 per cent of the total mass by way of recycling.

(3¹) To ensure the achievement of the target established in subsection 2¹ of this section, a packaging undertaking must recycle different types of packaging materials per calendar year at least to the following extent by 31 December 2025 at the latest:

1) plastic – 50 per cent;

2) wood – 25 per cent;

3) ferrous metal – 70 per cent;

4) aluminium – 50 per cent;

5) glass – 70 per cent;

6) paper and paperboard – 75 per cent.

(3²) To ensure the achievement of the target established in subsection 2² of this section, a packaging undertaking must recycle different types of packaging materials per calendar year at least to the following extent by 31 December 2030 at the latest:

1) plastic – 55 per cent;

2) wood – 30 per cent;

3) ferrous metal – 80 per cent;

4) aluminium – 60 per cent;

5) glass – 75 per cent;

6) paper and paperboard – 85 per cent.

(4) Other packaging material not specified in subsections 3 to 3² of this section shall be recovered in as large quantities as possible in accordance with the existing technical means and economic justification.

(5) A packaging undertaking that places on the market single-use plastic beverage bottles must ensure separate collection of beverage bottles for recycling purposes to the following extent:

1) by 2025 at the latest, 77 percent of the quantities placed on the market;

2) by 2029 at the latest, 90 percent of the quantities placed on the market.

§ 36¹. Marking of packaging

Subsection 5 of § 23 and § 31 of this Act apply as of 1 October 2005.

§ 36². Requirements for single-use plastic beverage containers

(1) From 3 July 2024, the placing on the market of single-use plastic beverage containers with a cap or lid made of plastic is permitted only if the cap or lid remains attached to the container during the product’s intended use phase.

(2) For the purposes of subsection 1 of this section, metal caps or lids with plastic seals are not deemed to be made of plastic.

(3) From 1 January 2025, beverage bottles which are manufactured from polyethylene terephthalate as the major component must contain at least 25 percent recycled plastic, calculated as an average for polyethylene terephthalate bottles placed on the market.

(4) From 1 January 2030, beverage bottles must contain at least 30 percent recycled plastic, calculated as an average for beverage bottles placed on the market.

(5) The requirements provided in subsections 1, 3 and 4 of this section do not apply to glass or metal beverage containers and bottles with a cap or lid made of plastic and to the beverage containers and beverage bottles intended for use for food in liquid form for special medical purposes and used in this way specified in Article 2(g) of Regulation (EU) No 609/2013 of the European Parliament and of the Council on food intended for infants and young children, food for special medical purposes, and total diet replacement for weight control and repealing Council Directive 92/52/EEC, Commission Directives 96/8/EC, 1999/21/EC, 2006/125/EC and 2006/141/EC, Directive 2009/39/EC of the European Parliament and of the Council and Commission Regulations (EC) No 41/2009 and (EC) No 953/2009 (EC) No 41/2009 and (EC) No 953/2009 (OJ L 181, 29.6.2013, p. 35–56).

§ 37. Obligation to accept return

The obligation to accept the return of packaging provided in § 20, and § 30 of this Act enter into force on 1 May 2005.

§ 37¹. Requirements for packaging waste collection sites

§ 17¹ of this Act enters into force on 1 January 2009.

§ 38. Establishment of deposit

§ 21 of this Act enters into force on 1 May 2005.

§ 39. Packaging register

The register established pursuant to subsection 1 of § 15 of the Packaging Act is considered as the register specified in subsection 1 of § 25 of this Act until a register is established under subsection 2 of § 25 of this Act.

§ 39¹. Requirements for accredited recovery organisation

(1) An accredited recovery organisation which does not comply with the conditions specified in clause 2¹of subsection 2 of § 17 of this Act is brought into compliance with the conditions specified in clause 2¹ of subsection 2 of § 17 of this Act no later than by 1 July 2010.

(2) If an accredited recovery organisation is not brought into compliance with the conditions specified in clause 2¹of subsection 2 of § 17 of this Act no later than by 1 July 2010, the Minister of the Environment shall repeal the accreditation decision.

§ 39². Implementation of audit of data to be submitted to packaging register

§ 24¹ of this Act enters into force on 1 January 2015.

§ 39³. Reduction and analysis of consumption of lightweight plastic carrier bags

(1) The Ministry of the Environment shall analyse the efficiency and purposefulness of the measures provided in subsection 2 of § 5 of this Act by 31 March 2018, taking into account that the annual consumption of lightweight plastic carrier bags shall be less than 90 lightweight plastic carrier bags per person by 31 December 2019 and less than 40 lightweight plastic carrier bags per person by 31 December 2025 and if necessary shall make proposals for amendment of legislation.

(2) Very lightweight plastic carrier bags shall be excluded from the consumption objectives specified in subjection 1 of this section.

§ 39⁴. Implementation of release of packaging undertaking from audit

Subsection 3¹of § 24¹ of this Act is applied to packaging undertakings as of submission of the audit report summary prepared for 2020 to the packaging register.

§ 39⁵. Implementation of transition to reusable packaging at public events

The requirements contained in subsection 8 of § 5 of this Act apply from 1 January 2024.

§ 39⁶. Ex-post evaluation of reduction of consumption of single-use plastic food containers and cups for beverages

The Ministry of Climate analyses the efficiency and purposefulness of the measures provided in subsections 5–8 of § 5 of this Act by 31 December 2024, taking into account that the consumption of single-use plastic food containers and cups for beverages must decrease by 2026 compared to 2022 and, if necessary, submits proposals to amend the legislation.

§ 39⁷. Submission of data on quantity of single-use plastic products to packaging register

A packaging undertaking must submit the data specified in subsection 4¹ of § 24 of this Act to the packaging register for the year 2023, adding, if possible, the specified data for the year 2022.

§ 39⁸. Drawing up of action plan for measures to reduce consumption of single-use plastic products

The requirements contained in subsection 7 of § 5 of this Act are applied to packaging undertakings from 1 September 2023.

§ 39⁹. Implementation of organised waste transport requirements to collection of municipal packaging waste without deposit

A local authority must bring the separate collection of municipal packaging waste without deposit into conformity with the provisions of subsections 3–10 and 12 of § 15 of this Act as of a new public procurement for organised waste transport, but not later than by 31 December 2030.

§ 41. Entry into force of Act

This Act enters into force on 1 June 2004.