EKO-KOM system
If you place packaging, packaged goods or packaging means on the market or in circulation in your business activities, you must comply with the obligations arising from Act No. 477/2001 Coll., on packaging, as amended by Act No. 94/2004 Coll.
If you want to take advantage of pooled performance, i.e. become a client of a.s. EKO-KOM, you must take into account that the authorised packaging company, which a.s. EKO-KOM is, is legally responsible for all packaging placed on the market or in circulation by the client and for which it has assumed responsibility in the Pooled Performance Contract. In practice, this means that the conclusion of a Contract of Consolidated Fulfillment does not exclude in principle the possibility of fulfilling take-back and recovery obligations in a combination of three ways pursuant to Section 13 of the Packaging Act.
That is, within the framework of the Co-performance Contract it is possible to transfer the take-back and recovery obligations between the individual persons who have concluded the Co-performance Contract, as allowed by the Act. This possibility is taken into account in the Combined Performance Contract and the statements on the amount of packaging put into circulation ensure that two or more obliged persons do not pay for the combined performance for the same packaging. In doing so, the client is responsible for proving the truthfulness of the reported quantity of packaging and also for proving that it has delegated the obligation to another client, if it states so.
In addition, if the client wishes to make use of the possibility to arrange for the take-back and recovery of part of the packaging placed on the market or in circulation independently at its own organisational and technical expense, which is allowed by the Act pursuant to Section 13(1)(a), then this is possible. However, it is necessary to conclude a special addendum to the contract which defines the way the take-back is to be carried out and, in particular, the way in which packaging waste (taken-back packaging) and its recovery are to be recorded. In this case, the client does not pay the authorised company for the take-back and recovery of this packaging, as it fulfils the obligations independently. However, it is the client's responsibility to be able to prove the amount of packaging waste actually collected and recovered from packaging placed on the market or in circulation by the client, as the final responsibility for the record keeping lies with the authorised company. In this case, the authorised company shall continue to keep the packaging and waste records for him in accordance with the terms of the contract and for a contractual fee. For the remaining packaging production for which take-back and recovery is ensured by the authorised company's pooling system, the client shall pay the appropriate fee according to the authorised company's fee structure.
Certificate of compliance for 2023
