Basic definitions

Packaging / Non-packaging products

Packaging / Non-packaging products - Basic definitions


means a product used for the containment, protection, handling, delivery and presentation of goods, from raw materials to processed goods, from the producer to the user or the consumer, which
meets the criteria listed in Annex 7; non-returnable items of packaging that are used for the same purposes shall also be considered to constitute packaging.


of packaging means a sole trader or a legal person who

  1. uses packaging for the packaging of goods or putting goods into packaging and places these goods on the market under his or her trade name or mark, i.e. packer / filler
  2. is a person for whom goods are packaged or filled and under whose trade name or mark these goods are placed on the market, i.e. customer of packing / filling service
  3. places on the market goods packaged in a manner other than referred to in a) or b), i.e. the importer of the packaging, respectively. packer / filler without trademark
  4. as a distributor, delivers, for payment or free of charge, packaging to end-users to be used directly for packaging of goods, i.e. e.g. a merchant providing packaging to pack the purchased goods – paper, plastic bags, bags and the like for the consumer’s needs
  5. as a distributor, uses the packaging to package the distributed goods or part thereof, or fills the packaging with the distributed goods, or i.e. e.g. packaging used in the shop for packaging of purchased goods – plastic cups, bowls, cellophane, aluminium foil and the like
  6. places packaging on the market, except persons supplying empty packaging to persons referred to in a), b), d) and e) or to a person who packages or fills the goods for a person referred to in b). i.e. producer / importer of packaging intended directly for consumers

Placing of packaging on the market in the Slovak Republic means the moment when packaging or packaged goods are transferred for the first time, for payment or free of charge, from the stage of production, cross-border transport from another Member State to the Slovak Republic or import to the stage of distribution or use.

Distribution of packaging means the handing over, for payment or free of charge, of packaging or packaged goods to another person for the purposes of delivery, sale or use of the packaging or packaged goods in the commercial network, including sale to end-users, except the placing on the market thereof.


According to §73 of the Waste Act no.79/2015 Coll.:

Producer of non-packaging products means a person who, in the context of his or her commercial activity, irrespective of the selling technique used, including sales on the basis of distance contracts, places on the market non-packaging products.

Non-packaging product for the purpose of the Waste Act is product which is not a packaging or not intended to be used for packaging, and belongs to one of the following groups of products and waste from which will become a part of municipal waste,

  1. articles of plastics consisting of polyethylene terephthalate, except raw materials, preforms and fibres intended for industrial use, and articles of plastics consisting of polyethylene, polypropylene, polystyrene, polyvinyl chloride or polyamide except raw materials, fibres and products intended for industrial use
  2. paper and paperboard, imported articles of paper and paperboard, including printing products, except
    • hygienic and sanitary paper,
    • articles of paper used for hygiene and sanitary purposes,
    • cigarette paper,
    • carbon copy paper,
    • filter paper,
    • paper and paperboard for the production of tarred or asphalted paper,
    • fiscal stamps
  3. glass, including sheet window glass,
  4. multilayer combined paperboard-based materials.

The list of products which may become non-packaging product is stated in Annex no.16 of Decree No. 373/2015 Coll.