Amendment to the Packaging Act enters into force on 1 May, as a result of which the concessions for small packaging undertakings will disappear from the Packaging Act. This means that in the future small packaging companies will have to comply with a number of obligations under the Packaging Act, from which they are today exempt. For example, in the future, they will have to fulfil their obligations to take back packaging and ensure that the targets for the recovery of packaging waste are met. 

Exemption for small packaging undertakings to disappear 
The current Packaging Act (subsection 20 (7)) offers several concessions to packaging undertakings who place up to 100 kg of plastic packaging and 200 kg of other types of packaging material on the market per year. For example, such small packaging undertakings are not required to submit a packaging report to the packaging register and ensure a target for the recovery of packaging waste. Small packaging companies are also not obliged to take back sales packaging and sales packaging waste from the consumer free of charge.   

According to the Packaging Act (section 10), a packaging undertaking is a person who, within the framework of economic or professional activities, packages goods and sells them on the Estonian market, imports or sells (including intermediates) packaged goods in Estonia.

From 1 May, the specifications for small packaging companies will be removed. This means that small packaging companies will have to comply with a number of new obligations. 

New obligations for small packaging companies 
Firstly, from 1 May, packaging undertakings placing up to 100 kg of plastic packaging and 200 kg of other types of packaging material on the market are obliged to take back free of charge the transport and grouped packaging of their goods (subsection 20 (1) of the Packaging Act). 

In addition, small packaging undertakings selling packaged goods to end-users or consumers must take back sales packaging and sales packaging waste of the goods sold from them free of charge. The withdrawal requirement applies only to packaging the type, shape and size of which correspond to the packaging of the goods sold at that point of sale and to the packaging of the goods delivered by the seller of the goods (subsection 20 (2) of the Packaging Act). 

Thirdly, small packaging undertakings who do not sell their goods to the end-user or consumer are obliged to ensure that the packaging and packaging waste of their goods is taken back free of charge from the end-user or consumer (subsection 20 (2²) of the Packaging Act).

As an exception, packaging and packaging waste need not be taken back by the person selling packaged goods if the size of the point of sale is less than 20 square metres and it is located in a densely populated area (subsection 20 (41) of the Packaging Act).

In the future, small packaging undertakings must recycle the packaging of goods placed on the market by themselves in Estonia and the quantities of packaging waste generated therefrom in such a way that the recovery targets are met and the resulting costs are borne (section 36 of the Packaging Act). To this end, packaging undertakings shall re-use the types of packaging material at least annually to the following extent:   

• 70 per cent of the total weight of glass waste recycled; 
• 70 per cent of the total weight of paper and cardboard waste, with 60 per cent of the total weight recycled; 
• 60 per cent of the total mass of metal waste recycled; 

• 55 per cent of the total mass of plastic waste, 45 per cent of the total mass of plastic waste recycled and 22.5 per cent of the total mass of plastic waste recycled into plastic; 
• 45 per cent of the total weight of wood waste, with 20 per cent of the total weight recycled. 

Small packaging undertakings may transfer their new obligations to a recovery organisation
Small packaging undertakings may subsequently transfer the above obligations to a recovery organisation on the basis of a written contract by paying a service fee to the recovery organisation. If a packaging undertaking has transferred the aforementioned obligations to a recovery organisation, the recovery organisation shall be liable for the performance of the obligations (subsection 20 (4) of the Packaging Act).

If a small packaging undertaking places packaged goods on the market and has not transferred obligations to a recovery organisation, the small packaging undertaking shall submit to the packaging register once a year information concerning the quantities of packaging of goods placed on the Estonian market by the small packaging undertaking and the recovery of packaging waste generated therefrom (subsection 24 (4) of the Packaging Act).   

The Chamber opposed the abolition of concessions 
The Chamber did not support the abolition of incentives for small packaging companies, as this increases the costs for honest packaging undertakings, but may not achieve its objective if supervisory authorities do not start carrying out more effective controls. Neither the Ministry of the Environment nor the Environment Committee of the Riigikogu took into account the position of the Chamber with regard to this amendment.

A more detailed overview of the amendments to the Packaging Act and the Waste Act, which will enter into force on 1 May, can be found HERE.

If you have any questions about the amendments to the Packaging Act, please contact the lawyers of the Chamber by e-mail at juristid@koda.ee. 

sTARTUp Day, the largest business festival in the Baltic States, will be held in Tartu for the seventh time on 15.-17. March. The first day of the festival is devoted to side events. During the next two days, more than 100 well-known entrepreneurs and experts in their fields from Estonia and abroad will appear on stage. In addition to the stage program, you can take part in a practical seminar program, get to know innovative organisations on the demo-are, listen to the elevator pitches of the best start-ups at the sTARTUp Pitching stage, make useful contacts and enjoy the unique festival vibe.

We believe that innovation is born where start-ups, traditional companies and science meet. That’s why we have paid special attention to bringing them together. We have put together a stage program for leaders and managers of traditional companies, which focuses on corporate innovation and cooperation with start-ups.

You will hear experience leaders and innovation experts on the Executive Day stage on March 15:

Ϟ Tarun Sharma, Nokia Ventures 

Ϟ Siim Lepisk,  Net Group Ltd

Ϟ Paulius Kozlovas, Ignitis Group 

Ϟ Erik Juhani Kolehmainen, Metsä Spring Oy.

The main program of the festival 16.-17. March, top performers from various fields will be on stage to discuss about the intersections where business and science meet, psychology, health technology and more, and share stories of the startup mindset, successes and failures. 

Among the more than 100 speakers are Martin Villig, co-founder of Bolt, Taavi Kotka, co-founder and head of Koos.io, investor and entrepreneur Taizo Son and many others.

In addition to the Executive Day event and awesome stage program during the main days, we treat Executive ticket holders with networking events, where they can exchange ideas and make new contacts in a cosy and trusting atmosphere. The Executive ticket grants you access to the VIP area where you can rest your feet and mind and stimulate your body, and you are also invited to a VIP reception at the Kammivabrik and much more.

All Executive ticket benefits can be found HERE.

Exclusive offer for all Estonian Chamber members – ask for a discount code for purchasing a ticket.

See you in Tartu!