Legislation which regulates handling of waste agricultural plastic
- Waste Act (in English. Definition of producer and product of concern, general obligations for producer)
- Regulation of Government No 30, 15.02.2013 (in Estonian. Requirements for take back and collection of waste agricultural plastic)
- Regulation of Government No 135, 23.07.2009 (in Estonian. Register of Product of Concern and registration of producers)
- Regulation of Minister of Environment No 12, 16.02.2011 (in Estonian. Registration and reporting format for Register of Products of Concern)
- Regulation of Minister of Environment No 57, 22.07.2013 (in Estonian. Information to the users and public information campaigns) »
Agricultural plastic is a plastic used in agriculture or gardening – any plastic for silage, plastic for greenhouse and plastic string.
Producer of agricultural plastic is a person who regardless of the method of sale manufactures agricultural plastic or imports them into Estonia on the professional basis.
Producer is not a person who finances under or pursuant to any finance agreement unless person also acts as a producer.
Product of concern is a product the waste resulting from which causes or may cause health or environmental hazards, environmental nuisances or excessive pollution of environment.
Products of concern are batteries and accumulators, motor vehicles and their parts, tyres, electrical and electronical equipments (EEE) and their parts and agricultural plastic.
Place on the market: Product is placed on the Estonian market if that product is made available for the first time for the purpose of distribution or putting it into service (made available for the third parties). Putting it into service means an activity which involves the use of product for the first time for its intended purpose. If product is brought for example from China or USA then the product is placed on the market after that when all procedures related with Customs are done (filled declarations etc.) and it is possible to start to sell or use it. If product is just in bonded warehouse, that product is not placed on the market yet. The same if product is brought from Member State - product is placed on the market, if all relevant procedures are made and it is possible to start to sell or use it.
Collection of waste agricultural plastic
By Waste Act producer is required to ensure the collection, recycling, recovery or disposal of waste resulting from products of concern placed to the market and shall have a sufficient financial guarantee for these obligations.
Guarantee can be:
- participation in collective schemes,
- recycling insurance or
- closed bank account.
Producer must bear all costs of collection and treatment of waste agricultural plastic.
Producers have also obligation to collect and treat all waste agricultural plastic irrespective when these plastic were placed on the market.
The producer must build collection points for accepting waste agricultural plastic in each county in Estonia, considering the population density and the requirement that handover of the waste agricultural plastic as convenient as possible. There should be at least one collection point in a county. Additionally, it is allowed to collect waste agricultural plastic by user of agricultural plastic.
Collection rate and recycling target
Producer has to ensure that 70% of waste agricultural plastic will be collected comparing with agricultural plastic placed on the market in previous calendar year.
Producer has to recover all collected waste agricultural plastic, including 50% of recycling of all collected waste agricultural plastic.
Producer has requirement to register in Register of Product of Concern and introduce data about amounts of products of concern placed on the market and amounts of waste generated from products of concern collected and treated. With the Register of Product of Concern must register all producers who place on the market EEE, motor vehicles and (their) spare parts, tyres, batteries and accumulators and/or agricultural plastic.
There is 2 ways to submit application:
- through Internet or
- digitally signed file via e-mail (possible only for persons having Estonian ID-card).
There is no fee for registration and any other annual fee.
For registration producer must besides introducing data what kind of brands (s)he represents give affirmation about financial guarantee, description of how information is given for users and waste management plan in which (s)he describes how (s)he collects waste agricultural plastic and handles waste onward. Producer must also report amounts how much plastic (s)he manufactures, imports and/or place on the Estonian market. Data needs to be introduced quarterly. Producer also has to introduce every year waste report (it has to be introduced quarterly).
In Register can only register those producers who have registered in Estonian Central Commercial Register. When producer are located permanently outside Estonia, (s)he cannot register directly in Register. Such producer has 2 options:
- make branch office or subsidiary in Estonia or
- appoint authorised representative.
Such solution solves the problem where we have to guarantee to foreign producers (distant sellers) possibility to register and in the same time it forecloses necessity in case of infringement to turn to Court of that state where that producer is located. If producer from outside Estonia (for example in Germany) do not fulfill some of his/her obligations (proportionally with his/her market share) then that Estonian producer who has some claims (for example financial) does not need to go to the Court of other Member State where that producer is located. And other reason is that our enforcement authorities can not supervise these producers who have responsibilities in Estonia, but they are located in other location outside Estonia.
All the data in Register are public according to Public Information Act. It means data are attainable with restrictions for everyone in form of request for information. For example, it is not possible to get an information about market shares, financial guarantees or contracts and any other information containing commercial secret. Public are general data about amounts placed on the market and waste handling (summary of all data reported by all producers), description of information campaigns and waste management plans (except parts which contain commercial secret).
In Estonia, there is no Clearing House System. Producers have to divide the costs themselves and communicate with each other. For example if someone has collected more waste agricultural plastic than (s)he placed on the market, then it means that someone collected less than his/her market share is. And that producer who collected more presents a bill for payment to that one that collected less. If they do not get an agreement then the Court solves the problem.
Requirements for treatment facilities and collection sites
There are general requirements for collection points and treatment facilities.
Requirements for information for users
Every producer has to ensure together with retailers that in every selling point are available information where are located nearest collection points for waste agricultural plastic and how users can participate in collection of waste agricultural plastic.