Plastics and packaging laws in Croatia

There are several legislative acts that regulate packaging and plastics waste. The most important include the Waste Management Act, the Bylaw on Waste Management, the Bylaw on Packaging and Packaging Waste, Single-use Plastic Products and Fishing Gear Containing Plastic, the Regulation on Management of Packaging Waste.

The Waste Management Act regulates measures for preventing or reduction of harmful effects of waste on human health and environment by way of reducing the amount of waste. This Act regulates waste management without the use of processes, which pose a risk to human health and the environment, while using the valuable properties of waste.

The Act regulates measures for preventing and reducing impact of certain plastic products on the environment and promotes the transition to circular economy, as well as measures aimed at fulfilling the goals of the European Green Deal.

The Bylaw on Waste Management regulates the content of various reports (on by-products, of the waste reuse centre), performance of waste management procedures and list of procedures for which a waste management permit is issued and similar.

 The Bylaw on Packaging and Packaging Waste, Single-use Plastic Products and Fishing Gear Containing Plastic regulates the processes and goals for packaging waste management, requirements regarding collecting, storing, and processing packaging waste and similar. It provides for measures aimed at preventing packaging waste, reuse, recycling and other recovery processes as well as reduction in final disposal of packaging waste. Additionally, it envisages measures aimed at preventing and reducing the effect of certain plastic products on the environment and health as well as promoting the transition to a circular economy.

The Regulation on Management of Packaging Waste details the manner of achieving the prescribed targets for management of packaging waste, the packaging waste management fee and the return fee.

The Waste Management Act prescribes a ban on:

1. single-use plastics (cotton bud sticks, straws, cutlery, plates, beverage stirrers, sticks to be attached to and support balloons, food containers made of expanded polystyrene, beverage containers and cups for beverages made of expanded polystyrene);
2. products made from oxo-degradable plastic;
3. lightweight plastic carrier bags except for very lightweight plastic carrier bags.
4. beverage (liquid) containers with capacity of up to 3 liters including their plastic caps or lids and multi-layer (composite) beverage packaging including their plastic caps and lids if the caps or lids do not remain attached to the containers during the products’ intended usage (metal caps/ lids with a plastic seal are not considered plastic; point (iv) will come into force on 03 of July 2024)

Moreover, the Act prescribes that single-use plastics (pads, tampons, tampon applicators, wet tissues, tobacco products with filter or filters that are used with tobacco products) must have a clear, readable and inerasable label on their packaging or in case of drinking cups, on the product itself. The mark is there to notify the users of the existence of plastic in the product, negative impacts on the environment in case of littering and waste management of the product.

The Bylaw on Packaging and Packaging Waste, Single-use Plastic Products and Fishing Gear Containing Plastic prescribes that vending machines for beverages should be set up without single-use plastic cups. However, when such vending machines are put in public places where the use of reusable cups is not possible, either single-use plastic cups that are not entirely made of plastic or single-use cups made from other materials can be used.

Furthermore, all natural and legal persons in hospitality industry providing services in e.g. restaurants, hotels, camps, bars and similar where food and beverages are prepared and served, are obliged to use reusable cups and food containers. In cases where such services are provided in e.g. carts, vehicles, tents, kiosks, and similar there is an obligation to provide the consumer with alternative reusable cups and food containers or single-use cups and food contains made from other materials besides plastic. If the services are provided in catering objects, there is an obligation to ensure the delivery and service of food in single use plastic food containers, reusable food containers or single use food containers made from other materials.

Additionally, the sellers must charge consumers for single-use plastic cups at the place of sale.

The relevant legislative framework provides for several producer obligations. The following describes some of these obligations.

A producer of a product is obligated to ensure (and evidence) that the product that is being put on the Croatian market meets the conditions prescribed for said product, that it has the prescribed label and information, as well as the prescribed notifications are put in the place of sale. The producer also has to have a correct and complete record of the subject products as well as to deliver data on the products to the authorities. 

To encourage re-use, recycling and generally waste recovery, and prevention of waste the producer is obligated to:

• take over the used products,
• ensure takeover of waste which arises from the use of product,
• ensure implementation of waste management services,
• pay the wase management fee,
• provide publicly available information on how the product can be reused and recycled,
• label the product i.e., its packaging and provide instructions, and
• finally register in the Register Extended Producer Responsibility.

By labeling the packaging, a producer is obligated to inform the seller and consumer on the relevant properties of the product and its packaging regarding dangerous and harmful substances they contain and on the manner of handling the product and packaging when they become waste.

A producer who puts on the market returnable packaging is obligated to ensure the return and repeated use of all returnable packaging which they put on the market.

The Bylaw on Packaging and Packaging Waste, Single-use Plastic Products and Fishing Gear Containing Plastic sets a reporting duty for producers of plastic products. For example, they are obligated to annually report the mass and number of single use plastic products and mass of fishing tools containing plastic which they put on the market. Such producers (but only those with more than 50 employees) are also obliged to set quantitative targets and take measures to reduce the placing on the market of single-use plastic products.

Yes, there is a refund fee system in place, which is a system for management of single-use packaging made of plastic, metal and glass, with a volume equal to and lesser than 3 l and intended for beverages. The refund fee is paid as an incentive measure encouraging the waste holder to separate beverage packaging waste from other waste and hand it over to the seller or the person who manages the recycling yard and receive a refund amount for it.

From 2027 onwards the refund fee system will include multilayer packaging with a predominantly paper-cardboard component, packaging of plastic not made of polyethylene terephthalate (PET) as the main component and packaging with a volume of less than 0.2 l.

The refund fee is the amount of money that beverage producers pay to the Environmental Protection and Energy Efficiency Fund. The producer charges the amount of the refund fee to the buyer by selling the product. The end user or consumer is entitled to a refund of the fee amount from the seller or the person operating the recycling yard by returning the beverage packaging waste. The Fund refunds to the seller or the person operating the recycling yard the amount of the refund fee paid to the end user or consumer from the amount of the refund fee paid by the producer to the Fund.

Paying the refund fee is not considered waste trading, and there isn’t tax charge on the refund fee.

Currently, the refund fee is set at HRK 0.5 (approx. EUR 0.07) per beverage packaging.

There is no specific tax regarding packaging or plastics. However, it should be noted that the Income Tax Act defines income arising from disposing of special types of property. Waste is considered a special type of property. In this case, waste does not include returnable packaging or waste collected during organised actions and activities aimed at protecting the environment.  

Additionally, the VAT Bylaw states that return of packaging is not subject to taxation (i.e. it is not a taxable transaction). The Bylaw also gives more detail regarding situations of unreturned returnable packaging, situations when the business relationship between the supplier of goods in returnable packaging and the user is terminated and similar.

The measures concerning microplastics are the ones banning products made from oxo-degradable plastic (please see answer under answer 2. above).

Additionally, measures from new Commission Regulation (EU) 2023/2055 of 25 September 2023 apply.

For the purpose of contributing to the circular economy of the European Union, the Waste Management Act sets out some additional goals:

1. at least 50 % of the total mass of waste produced in households and waste from other sources whose waste streams are similar to those of household waste, including at least paper, metal, plastic and glass, must be recovered by recycling and preparation for reuse
2. at least 55% by weight of municipal waste must be recovered by recycling and preparation for reuse by 2025, at least 60% by 2030 and at least 65% by 2035.
3. at least 70% by weight of non-hazardous building waste, other than nature materials determined by the key waste number 17 05 04 - soil and stones not listed in 17 05 03, must be recovered by recycling, preparation for reuse and other material recovery operations.

Furthermore, the same Act sets out the goal for the use of single-use plastic product waste. It is said that beverage containers with capacity of up to 3 liters including the caps or lids (excluding the containers that are made out of glass or metal and have plastic caps or lids or food and beverage containers used for food for special medical purposes) must be collected separately for recycling. The goal is to collect 77% of the mass share of product placed on the marker in a year by 2025 and 90% by 2029.

The Act says that previously mentioned beverage containers which are made out of polyethylene terephthalate as the main component of the container (PET bottles) should as of year 2025 contain at least 25% and as of year 2030 at least 30% recycled plastic calculated as an average for all PET bottles placed on the market in the Republic of Croatia.

It is necessary to achieve a measurable quantitative reduction in the consumption of single-use plastic products such as plastic cups including caps and lids or plastic food containers with or without lids by the year 2026 in comparison to 2022.

The Act also provides that by 31 December 2025 at least 65% of mass of the total packaging waste must be recycled, while until 31 December 2030 this percentage must be at least 70%. The Waste Management Act also gives the percentages of mass of specific materials in packaging waste (e.g. plastic, wood, glass, etc.) that must be recycled by the above deadlines.

The use of recycled materials in food packaging is regulated at the EU level. The relevant legislation is the Commission Regulation (EU) No. 10/2011 of 14 January 2011 on plastic materials and articles intended to come into contact with food and new Commission Regulation No. 2022/1616 of 15 September 2022 on recycled plastic materials and articles intended to come into contact with foods, and repealing Regulation (EC) No. 282/2008.

Croatian law additionally regulates details in accordance with Regulation No. 10/2011, such as bodies competent for the implementation of Regulation and fines for manufacturing and putting on the market objects and materials intended for direct contact with food, which are not in line with the mentioned Regulation.

The Act on materials and objects that come into contact with food that regulates the above-mentioned details has not been amended since 2018. Thus, does not regulate details in accordance with the Regulation No. 2022/1616. The subject act does, however, regulate details in accordance with Regulation No. 282/2008 on recycled plastic materials and articles intended to come into contact with foods which has been repealed by Regulation No. 2022/1616. 

However, in February 2024, the Government adopted amendments to the current legislation in the context of Regulations No. 10/2011 and No. 2022/1616 and they should enter into force this year. 

As mentioned previously, amendments to the current legislation in the context of Regulations No. 10/2011 and No. 2022/1616 were adopted in February 2024, but have not yet entered into force..

Currently, there are no other related measures of major interest.

This chapter was last updated on March 2024 and does not reflect any subsequent developments in the law.