Bearing in mind that the management systems for packaging waste as well as waste from electronic and electrical products were established and developed on the basis of the Rulebook for these special categories adopted by this ministry in 2012, i.e. for 2013, we consider that the adoption of the Regulation is a step forward. Taking in account that these regulations are made by the Government and regulations by ministries in charge of these issues, with this Regulation, importance was given to established systems.

The essence of this Regulation is that the system operator is defined as a legal entity that works according to the principle of "producer's responsibility" and that it can be established exclusively by legal entities dealing with the marketing of packaging. The obligation to register packaging for online sales has been also introduced.

The submission of Annual Report from system operator has been streamlined: instead of collecting certified and signed reports of all taxpayers who have a contract with the operator, this Regulation defines the system operator's obligation to submit a list of taxpayers with the specified amounts of packaging they have reported.

The Regulation introduces stricter control of system payers who have not joined the system and who do not pay their obligations on time: the system operator will be obliged to indicate in its Annual Report for the Ministry the payers who, as of 31.03. have not settled their obligations, i.e. who have not paid fees. Also, it is the system operator's obligation is to mark taxpayers who do not pay fee in the Fund's information system. In addition, the current Rulebook stipulates that taxpayers who avoid paying fees cannot avoid it, because failure to fulfill obligations means their accumulation and retroactive payment to the Fund in a significantly larger amount.

Also, another obligation has been introduced for system payers in form of sending to operator, with whom they have a contract and the Fund, all information related to a change in their business (closure, change of activity, etc.) and to report the packaging for the period up to the specified changes,

Obligees who terminate the contract with one operator and switch to another will from now on be obliged to settle all their obligations first and they should submit proof of settled obligations to the new operator and the Fund.

An obligation to pay a general fee was introduced, which all system payers will pay to the Fund in a lump sum of 30 KM, once a year when submitting their annual report.

Multi-layer materials will no longer be treated as a separate category of packaging material, neither when reporting by the obligee, nor with recycling targets but will be reported in the dominant material category (for Tetra Pak - where cardboard dominates - the report goes to the paper-cardboard category, etc. .).

Fines are defined from 6,000 KM to 8,000 KM for a legal entity and in the case of a repeated offense from 9,000 KM to 10,000 KM and for a responsible person in a legal entity from 2,000 KM to 4,000 KM or from 4,500 KM to 5,000 KM in a case of repeated offense, if he does not submit annual report to the system operator or the Fund, if he does not enter data into the Fund's information system and if he submits a faulty or incorrect report.

Administrative supervision will be carried out by the Federal Market Inspectorate and the Federal Urban-Environmental Inspectorate of the Federal Administration for Inspection Affairs.
The regulation applies from 01.01.2023. 

You can download Bosnian version of this Regulation here.