Recent Development
The Packaging Waste Control Regulation (“Regulation“) was published in the Official Gazette dated 26 June 2021 and it entered into force on the same date. The previous Packaging Waste Control Regulation published in the Official Gazette dated 27 December 2017 was repealed by the Regulation. The text of the Regulation is available online here (in Turkish).
The Regulation sets out the collection of wastes according to the zero waste management system within the framework of the Zero Waste Regulation published in the Official Gazette dated 12 July 2019 and the prioritization of the material recycling of packaging waste. If this is not possible, waste should be used as an energy source; and if this is not possible, as a last resort, other recycling processes should be applied.
What’s New?
Pursuant to Article 4(1)(t) of the Regulation, “market supplier” (piyasaya süren) refers to the following:
Any natural or legal person who packs/fills a product with packages within the scope of this Regulation, regardless of the method of place on the market, including distance contracts and deliveries made via electronic media; if the manufacturer/filler is not directly supplied/released to the market, the natural or legal person who uses its name and/or trademark on the package; if the manufacturer is outside of Turkey, the representative and/or the importer authorized by the manufacturer.
The obligations of market suppliers within the scope of the Regulation are set out under Article 10. In this context, new obligations have been introduced for market suppliers, such as the following:
- Market suppliers are obliged to fulfill obligations to be determined by the Ministry of Environment and Urbanization (“Ministry“) in this regard, including carrying out and/or contributing to training activities within the scope of extended producer responsibility and/or covering the costs for this purpose.
- Market suppliers are obliged to give priority to packaging suitable for reuse, to choose the most economical packaging that will create the least waste after the use of the product, and to prefer marking and labeling or to carry out such marking and labeling when necessary.
- All stakeholders, including market suppliers, are obliged to register with the Packaging Information System and with the Turkish Environment Agency (“Agency“) for packages within the scope of the deposit management system.
- Market suppliers are required to fulfill the obligations under the Recycling Contribution Share Regulation for the packages placed on the market after 1 January 2020 and to comply with the procedures and principles determined by the Ministry for transactions relating to packages supplied to the market before 1 January 2020.
- Market suppliers must comply with the regulations determined by the Agency for their packages within the scope of the deposit management system and carry out activities by fulfilling the relevant terms and responsibilities. For the packaged products to be included in the deposit management system to be placed on the market, it is obligatory to obtain the approval of the Agency. Packaged products not approved by the Agency cannot be placed on the market.
Extended Manufacturer Responsibility
Packaging manufacturers and their suppliers, market suppliers, suppliers that perform contract manufacturing for them and sales points will share responsibility within the scope of expanded manufacturer responsibility pursuant to the Regulation.
Deposit Management System
The Regulation sets out the establishment of a deposit management system (Depozito Yönetim Sistemi), as mentioned above. A deposit management system is defined as a system based on the return after consumption/use, and the refund of the deposit amount of the products determined by the Ministry and placed on the market with a certain deposit fee. The Agency will establish and manage the system. In this respect, glass, pet and aluminum beverage packaging manufacturers and their suppliers, packaging market suppliers, suppliers that perform contract manufacturing for them and sales points will be obliged to register with the system as of 1 January 2022 and to fulfill the obligations stipulated by the Agency. The applicable deposit fee must be marked on the packaging. In this context, the deposit fees of the products to be placed on the market should be paid to the Agency before the packages are placed on the market.
Transitional Provisions
The Regulation regulates some transitional provisions. In this context, in accordance with Temporary Article 1, the recycling/recovery targets of the market supplier enterprises and the existing authorized organizations set in accordance with the abolished Packaging Waste Control Regulation will be fulfilled in line with the procedures and principles to be set out by the Ministry.
Similarly, in accordance with Temporary Article 4, organizations that have obtained a certificate of authorization from the Ministry to fulfill obligations of market supplier entities relating to packaging wastes will be able to continue their duties within the framework of the provisions of the Regulation until their authorization expires.
Conclusion
While the Regulation introduces a wide scope of provisions on the recycling and reuse of waste, market suppliers must consider the recent deposit-related obligations.
