FREEDOM OF ESTABLISHMENT
If you are already established in any EU/EEA state, you are free to provide services as a natural or legal person, on a permanent basis by means of an establishment in Croatia, along with fulfilling the following requirements:
- Entry in the Register of Collectors and Recovery Operators:
- as a collector of waste start to perform the activity of collecting waste by means of waste collecting processes within the territory of the Republic of Croatia, and
- as recovery operator start to perform the activity of waste recovery by means of operations which do not require waste management permit;
2) Entry in the Record of Waste Brokers, Carriers, Dealers, and Recycling Centres:
- as a broker in the waste management, start to perform the activity of waste management brokers
- as a waste carrier, start to perform the activity of waste transport
- as a waste dealer, start to perform the activity of waste trading, and
- as a recycling centre, start to perform the activity of collecting waste through waste collecting operations in the recycling centre;
3) Legal person running the Reuse Centre has to be entered in the Record of Reuse Centres;
4) Waste to be granted the end-of-waste status has to be entered in the End-of-Waste Status Register;
5) Substances or objects derived from the manufacturing process, construction of a building or a technological process, the primary purpose of which is not manufacture of those substances and objects, have to be entered in the Register of By-Products. Thus, they will not be regarded as waste but as by-products.
Required documents
A) Legal or natural persons – craftsmen will be entered in the Register of the Waste Collectors and Recovery Operators provided that they submit an application for the entry by means of the online application of the Register of Waste Management Activities (the Register) or in writing, if they are:
- waste collectors who have a waste storage facility at their disposal, for which a document on the approval of use has been issued and a financial guarantee; and
- recovery operators who have the waste recovery devices and equipment at their disposal as well as a building in which the recovery is being performed, for which the document on the approval of use has been issued pursuant to the Act on Construction, and a financial guarantee.
B) Application for the entry in the Record of Waste Brokers, Carriers, Dealers, and Recycling Centres is submitted by means of online application of the Register or in writing.
C) The following requirements have to be met by the waste for the entry in the End-of-Waste Status Register:
- substances or objects will be used only for the specified purpose;
- there is a market demand for such substances or objects;
- substances or objects meet the technical requirements for the specified purpose and meet the applicable standards and regulations for products; and
- use of the substances or objects will not result in adverse effects on the environment or human health.
Special criteria that the particular substance or object generated during waste recovery has to meet in order to obtain the end-of-waste status include the following:
- types of waste subjected to the recovery operation;
- permitted procedures and treatment techniques;
- quality criteria in line with the product standards for the substances or objects created by following the granting of the end-of-waste status, after applying the appropriate recovery treatment, which includes limit values for pollutants, where necessary;
- quality management system requirements regarding compliance with criteria for the end-of-waste status, which includes the quality control requirements, internal inspection and so on; and
- declaration of conformity requirement.
Exceptions:
- Substances or objects derived as a result of the recovery of waste, with the criteria established at the EU level, will be entered in the End-of-Waste Status Register if the waste is recycled or adequately recovered and if it meets the criteria regulated at the EU level.
- If the criteria for the end-of-waste status have not been defined for specific substances or objects neither at the EU level nor at the level of the Republic of Croatia, the substances or objects will be entered in the Register, provided that the following requirements are met:
- substances or objects will be used for the specified purpose;
- there is market demand for those substances or objects;
- substances or objects meet the technical requirements for the specified purpose and meet the existing regulations and standards applicable to products; and
- use of the substances or objects does not overall result in adverse effects on the environment or human health.
The particulars are regulated by the Ordinance on by-products and the end-of-waste status.
D) Substances or objects not having criteria established at the EU level will be entered in the Register of By-Products provided that:
- further use of the substances or objects is certain;
- substances or objects can be used directly without any further processing other than normal industrial practice;
- substances or objects are produced as an integral part of a production process; and
- further use is lawful, i.e. the substances or objects fulfil all relevant product, environmental and health protection requirements for the specific use and will not lead to overall adverse environmental or human health impacts.
If the criteria for specific substances or objects in terms of the by-products have been defined at the EU level, the substances or objects will be entered in the Register of By-Products, provided that the following requirements are met:
- further use of the substances or objects is certain;
- substances or objects can be used directly without any further processing other than normal industrial practice;
- substances or objects are produced as an integral part of a production process; and
- further use is lawful, i.e. the substances or objects fulfil all relevant product, environmental and health protection requirements for the specific use and will not lead to overall adverse environmental or human health impacts.
If the criteria for specific substances or objects in terms of the by-products have not been defined at the EU level or at the level of the Republic of Croatia, the substances or objects will be entered in the Register, provided that the following requirements are met:
- further use of the substances or objects is certain;
- the substances or objects can be used directly without any further processing other than normal industrial practice;
- substances or objects are produced as an integral part of a production process; and
- further use is lawful, i.e. the substances or objects fulfil all relevant product, environmental and health protection requirements for the specific use and will not lead to overall adverse environmental or human health impacts.
Exceptions:
- The Waste Management Act is not applicable to animal by-products, hence they are not entered in the Register of By-Products.
The particulars are regulated by the Ordinance on by-products and on the end-of-waste status.
Registers/Decisions
- The Record of Reuse Centres contains information on the legal person, contact details and location of the facility of the reuse centre.
- The Record of Waste Brokers, Carriers, Dealers, and Recycling Centres contains information on persons providing services of the waste transport, dealing and collection of waste at the recycling centre. Entry in the Record is not an administrative procedure.
- Producers of substances and objects entered in the End-of-Waste Status Register have to attach the declaration of conformity to every shipment of substances or objects for which the end-of-waste status has been revoked. Entry in the Register is an administrative procedure.
- Entry in the Register of By-Products is an administrative procedure.
The Record of Reuse Centres is under the responsibility of competent authorities of counties, i.e. of the City of Zagreb.
Competent authorities of counties, i.e. of the City of Zagreb keep the Register of the Waste Collectors and Recovery Operators according to the address of the warehouse or the facility for the recovery of waste.
Competent authorities of counties, i.e. of the City of Zagreb keep the Record of Waste Brokers, Carriers, Dealers, and Recycling Centres.
The request for the entry in the End-of-Waste Status Register is submitted to the Ministry.
Competent authorities of local (regional) self-government, i.e. the City of Zagreb decide on the request for entry in the Register of By-Products generated at the location under their competence.
Fees
None
Application
Competent authority and regulations
Ministry of Economy
Radnička cesta 80, 10000 Zagreb
+385 1 3717 125
okolis.otpad@mingor.hr
Waste Management Act (NN 84/21)
Ordinance on waste management (NN 106/22)
Ordinance on by-products and end-of-waste status (NN 117/14)
REGULATION (EU) 2019/1009 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 5 June 2019 laying down rules on the making available on the market of EU fertilising products and amending Regulations (EC) No 1069/2009 and (EC) No 1107/2009 and repealing Regulation (EC) No 2003/2003
All other relevant regulations
Legal remedies
The decision for entering in Registers (end-of-waste status, by-products) may not be appealed, but administrative proceedings may be initiated before the Administrative Court of the Republic of Croatia having territorial jurisdiction, within 30 days of the decision. Submissions are delivered to the Administrative Court of the Republic of Croatia having territorial jurisdiction directly in writing, in form of minutes, or by post and by electronic means.
The decision for entering in the Register of the Waste Collectors and Recovery Operators may be appealed to the Ministry of the Economy and Sustainable Development at the following address: Radnička cesta 80, or by email pisarnica@mingor.hr.
Last updated on 7 November 2024