Plastics and packaging laws in Slovenia

The general legislative framework in Slovenia consists, in particular, of the Environmental Protection Act, Act on the prohibition of placing certain single-use plastic products on the market in the Republic of Slovenia, Decree on the prohibition of placing certain single-use plastic products on the market in the Republic of Slovenia and on the labelling of certain plastic products, Decree on the reduction of the impact of certain plastic products on the environment,  the updated Decree on waste, Decree on waste landfill, Decree on packaging and packaging waste, Decree on packaging and packaging waste handling (partly in force), Decree on the environmental tax on packaging waste pollution and Decree on the environmental tax on pollution from the landfilling of waste. All these acts implement relevant EU legislation.

Note that there are certain provisions of the Environmental Protection Act that deal with extended producer responsibility (hereinafter "EPR"), which were proposed to be in force from 1 January 2023. In accordance with the provisions, the activity of joint fulfilment of the EPR obligation would be carried out by only one entity, on a non-profit basis. In order to fulfil their obligations, the law would require producers themselves to set up such an organisation. However, the Slovenian Constitutional Court has suspended in a unanimous decision the implementation of these provisions.

Slovenia has also adopted the waste management programme and a prevention waste programme in accordance with the updated Decree on waste, Decree on waste landfill, and Decree on packaging and packaging waste.

Slovene law sets out a number of requirements to be met in relation to packaging, which are aimed at ensuring environmental protection. Different requirements and obligations are prescribed for entities at each step of the supply chain.

As a general rule, the number of substances used for the production of packaging should be limited, and their adverse effects on the environment and the quantity of packaging waste generated.

By adopting the Act on the prohibition of placing certain single-use plastic products on the market in the Republic of Slovenia in 2021, Slovenia implemented the Directive (EU) 2019/904 of the European Parliament and of the Council of 5 June 2019 on the reduction of the impact of certain plastic products on the environment. According to the said Act it is prohibited to place single-use plastic products and products made from oxo-degradable plastic (Part B of the Annex to the Directive) on the market. This is monitored by the Market Inspectorate that can impose an administrative fine of up to 15,000 EUR on a produced for violating this prohibition.

Furthermore, Slovenian law requires producers to ensure that each single-use plastic product (from Part D of the Annex to the Directive) bears a conspicuous, clearly legible and indelible marking on its packaging or on the product itself, informing consumers of (i) appropriate waste management options for the product or waste disposal means to be avoided for that product and (ii) the presence of plastics in the product and the resulting negative impact of littering or other inappropriate means of waste disposal of the product on the environment. An administrative fine can also be imposed for violating this requirement.

Slovene law sets out a number of requirements to be met in relation to packaging, which are aimed at ensuring environmental protection. Different requirements and obligations are prescribed for entities at each step of the supply chain. See the most relevant below.

As a general rule, producers should limit the number of substances used for the production of packaging, their adverse effects on the environment, and the quantity of packaging waste generated.

Business entities that trade packaged products are obliged to ensure the recovery, including the recycling of packaging waste of the same type as the packaging in which each entity introduced its products to trade. Management of waste should be either performed by the entity itself or an authorised waste-management company (and financed by the entity).

Slovenia requires entities to fulfil their EPR obligations for the several waste products, including packaging and products from single-use plastic.

Packaging producers are required to keep records on the quantity of packaging, organised to reflect the types of materials from which this packaging is made and registered with the Slovene Environmental Agency (“ARSO”). Reports for the previous year need to be submitted to ARSO by 31 March.

As environmental duty is levied on introduction of packaging on the Slovenian market, registration with financial authorities is required as well. The environmental duty based on environmental impact is payable quarterly.

These obligations can be complied with either:

1. directly by the entities that produce waste;
2. by another entity through transferring these obligations along with the ownership rights to packaging; or
3. via an “authorised company” based on a contract with this company.

The Slovene Committee for Infrastructure, the Environment and Spatial Planning supports the goal to expand producers' responsibilities for the entire lifespan of a product in a cost-efficient manner.

In accordance with new provisions, the activity of joint fulfilment of the EPR obligation would be carried out by only one entity, on a non-profit basis. In order to fulfil their obligations, the law would require producers themselves to set up such an organisation. However, the Slovenian Constitutional Court has suspended in a unanimous decision the implementation of these provisions. Until the final decision of the Court, the old regime which allows the establishment of several such entities within a certain type of products is used.

The new Environmental Protection Act enables the establishment of DRS and it authorises the government to adopt a decree that would establish a duty of collecting waste in such manner. No decree has been adopted as of yet, but there are some initiatives in relation to this concept, so it is possible to expect such a scheme in the following years.

In accordance with the Decree on the environmental tax on packaging waste pollution, a legal person or a sole trader who is (i) a packager, (ii) the acquirer of the packaged goods, (iii) a manufacturer of packaging not intended for the packaging of goods, and (iv) an acquirer of packaging not intended for the packaging of goods, is obliged to pay an environmental tax for environmental pollution caused by the use of packaging and packaged goods and the resulting packaging waste. The environmental tax is payable when the packaged goods are first placed on the market in Slovenia, regardless of whether they were packaged in Slovenia or imported from another Member state or third state. The tax is calculated as a product of the unit of environmental burden per kilogram of packaging, the number of units and the quantity of packaging (in kg). The unit of environmental burden for plastics (polymers of vinyl chlorides or other halogenated olefins) is 300-times higher than for other packaging materials.

The Slovene Value Added Tax Act stipulates that the tax base does not include the costs of returnable packaging, which are kept in the records of the supplier of goods.

Furthermore, the Decree on the environmental tax on pollution from the landfilling of waste stipulates that the basis for calculating the environmental tax is the annual compensation for keeping records of those liable to pay the environmental tax, and the unit of environmental burden due to the generation of packaging waste per kilogram of packaging.

At the moment, there is no specific regulation regarding micro-plastics or the use of microbeads in products in Slovenia.

The only regulation is that of products made from oxo-degradable plastic (ie. plastic materials that include additives which, through oxidation, lead to the fragmentation of the plastic material into micro-fragments or to chemical decomposition). Placing of these products on the Slovenian market is prohibited and the violation can be sanctioned by an administrative fine.

The Slovene waste management programme and a prevention waste programme (adopted in accordance with the Decree on waste, Decree on waste landfill, Decree on packaging and packaging waste) adopted general targets, namely:

1. to prevent or reduce the harmful effects of waste generation and management of waste prevention and the prevention of illegal dumping of waste; 
2. to ensure waste management in a priority order of waste prevention and waste management; and 
3. to ensure Slovenia's autonomy in waste disposal (taking into account the possibility of cooperation with other Member States).

In accordance with the above-mentioned programme, there are also some specific targets in regard to recycling and waste reduction, such as the prevention of household-plastic bags. Plans and programmes should be regularly reviewed and evaluated at least every six years.

Regarding recycling, Slovenia’s main target is to achieve 70 % recycling of all waste packaging until 2030, while the minimum target for plastic packaging recycling is 55 %. When it comes to single-use plastic, Slovenia’s goal is to reduce its consumption for 20 % until 2026. It is also a goal to reduce the use of plastic carrier bags so that their annual consumption rate is 40 plastic carrier bags per citizen.

The use of recycled materials in food packaging is regulated primarily on the EU level by Commission Regulation (EU) 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 and Commission Regulation (EU) No. 10/2011 of 14 January 2011 on plastic materials and articles intended to come into contact with food, respectively.

Slovene law then regulates the powers of the Slovene authorities, particularly the Food Safety, Veterinary Sector and Plant Protection Administration, to inspect compliance with these rules.

In March 2023, ARSO unexpectedly changed its interpretation of who is obliged to report waste. The amendment relates to the interpretation of Article 29 of the Waste Decree. The interpretation, which has been valid until recently, has now been changed. Therefore, those waste producers who meet all conditions (no longer just one condition) must report waste. Under the new interpretation of ARSO, the obligation to report is only for those waste producers that exceed all three conditions from point two of the seventh paragraph of Article 29 of the Waste Decree, namely: (i) they employed ten or more people in the previous year; (ii) generated 10 tonnes or more of waste in the previous year; and (iii) generated 5 kilograms or more of hazardous waste in the previous year.

The producers of packaging must ensure conformity with essential requirements regarding the production and structure, labelling and certain thresholds for heavy metals and plastics.

This chapter was last updated on December 2023 and does not reflect any subsequent developments in the law.