In order to protect their business and protection the interests of its clients Ekopak undertook a number of activities related to the publication of the Ordinance on termination of the Ordinance on packaging and packaging waste (Official Gazette of FBiH n
The Federal Ministry of Environment and Tourism is in secret, and although it is a legal obligation, without any discussion with the interested parties, and above all with the operator of the system which in its fifth year on the ground implements Ordinance on behalf of the packaging economy fulfills all the obligations that it prescribes, published Ordinance on termination of the Ordinance on packaging and packaging waste (Official Gazette of FBiH no. 16/08).
As a responsible operator of the system on the occasion of the publication of the Ordinance on termination of the Ordinance on packaging and packaging waste Ekopak has taken a series of activities in order to protect their business and protect the interests of its clients:
- the lowest sustainable packaging
fees and that these fees spend for the purposes for which they are intended
- establishment of a system of
separate collection and recycling of packaging waste based on the best European
practices.
The taken actions are already
yielding results.
Acting on the request of Ekopak
Competition Council BiH ordered the Federal Ministry of Environment and Tourism
temporary measure to revoke the application of the Ordinance on termination of
the Ordinance on packaging and packaging waste (Official Gazette of FBiH no.
8/16)
Given the fact that the
publication of the Ordinance on termination of the Ordinance on packaging and
packaging waste (Official Gazette of FBiH no. 08/16), Federal Ministry of
Environment and Tourism grossly violated the provisions of the Law on
competition BiH: closed the market, eliminated competition and gave monopoly to
Environmental protection Fund FBiH, Ekopak addressed the Competition Council of
Bosnia and Herzegovina, which is acting upon the request of Ekopak on the day
30.03.2016.g. issued a Decision number 06-26-3-007-3-II / 16 on interim
measures which:
- Orders the Federal Ministry of
Environment and Tourism to temporarily revoke the application of the Ordinance
on termination of the Ordinance on packaging and packaging waste (Official
Gazette FBiH No. 8/16)
- The temporary measure is
determined for a period of three months and the same can be extended if
necessary and justified in terms of Article 40 of the Law.
- The decision is final and will
be published in the Official Gazette of BiH, the official gazettes of entities
and Brcko District.
The reasoning of the Decision
states: "Competition Council has preliminarily determined that the Federal
ministry of environment and tourism violated the provision of Article 4
paragraph (1) of the competition for the terms of the Ordinance limiting the
market in a way that imposes the obligation for the operators of the system to
all obligations including all contracts which the operators have concluded with
other undertakings (polluters and collectors), and the remaining unspent funds transferre
to PU Environmental protection Fund FBiH, which directly closes the market and
eliminate competition or disables businesses that possessed Decision on the
authorization of system operator of packaging waste management. "In Annex
III of this notice please find the most important parts of the Decision of the
Competition council of Bosnia and Herzegovina.
The decision of the Competition Council
of Bosnia and Herzegovina was published in:
- BiH Official Gazette number 35/16
of 05/13/2016. year, which can be downloaded here.
- Official Gazette of BiH no.
41/16 of 05/27/2016. year, which can be downloaded here.
This means that the application
of the Ordinance on packaging and packaging waste continued (Official Gazette
of FBiH no. 88/11 and 28/13).
We invite all system taxpayers which
are not yet included in the system of Ekopak to do so in order to reinforcing
your support, continue to actting in the direction in which we started: to
develop a sustainable system of packaging and packaging waste legally,
expertly, professionally, transparently, with the highest ethical standards and
at the lowest sustainable cost, with the least impact on consumer prices and
the greatest benefits for the environment in the Federation of Bosnia and
Herzegovina, in which Ekopak will persist.