packaging management law 5771 - המשרד להגנת...
TRANSCRIPT
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This is an unofficial translation. The binding version is the official Hebrew text. Readers are consequently advised to consult qualified professional counsel before making any decision in connection with the enactment, which is here presented in translation for their general information only.
Packaging Management Law 5771 ‐ 2011∗
Chapter A: Objectives and Definitions
Objective 1. The objectives of this law are to establish measures regarding
manufacturing of packaging and handling of packaging waste, intended to reduce the quantity of packaging waste, to prevent landfilling of packaging waste and to encourage re‐use of packaging, in order to reduce the negative environmental effects of packaging and packaging waste, including ‐
(1) To authorize the Minister to establish measures regarding means for reduction at source, which will be applicable to packaging producers;
(2) To impose extended responsibility on producers of packaged products, on producers of service packaging and on importers of products and packaging as stated, with regard to all that pertains to the marking of the packaging and the implementation of approved recycling of the derived packaging waste , including setting obligatory targets for recycling as stated, and arranging for accredited bodies that shall act on behalf of the stated producers and importers;
(3) To impose responsibility on parties responsible for waste removal to establish measures regarding separation of packaging waste and regarding collection and removal of packaging waste, and to prohibit the discarding of packaging waste and the collection or removal of packaging waste in contravention to such measures;
(4) To prohibit landfilling of package waste.
Definitions 2. In this law ‐ "Party responsible for waste removal" – A local authority, as
well as anyone obligated under any statute, excluding an obligation under a by‐law, to collect and to remove waste from a property in its ownership or possession;
"Means of reduction at source" – Means which should be taken in the production stages of the packaging, intended to reduce one of the following:
(1) The quantity of packaging waste, including
∗ Passed by the Knesset on 14 Shvat 5771 (19 January 2011), Bill and Explanatory Note were
published in the Hazaot Chok Hamemshala – 514, dated 9 Tamuz 5771 (21 June 2010), p. 1116.
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through adapting the materials from which the packaging is made for reuse;
(2) The negative effects – environmental and health‐related – of packaging waste, including adapting the materials from which the package is made for recycling or for recovery;
(3) Content of the hazardous substances in the packaging;
"Packaging" – An object and any material whatsoever, used or designated for use as wrapping or containment for a product, or used or designated for carrying a product, for its presentation or for its protection, and to which the following conditions apply :
(1) It does not constitute an inseparable part of the product and is not essential for the use of the product;
(2) It constitutes one of the following:
(a) Sales packaging – packaging conceived so as to constitute a sales unit to the final user or consumer, at the point of purchase;
(b) Grouped packaging – packaging conceived so as to constitute at the point of purchase a grouping of a certain number of sales units, which can be separated from the products without affecting the characteristics of any product or its sales packaging, whether the products are sold at the point of sale to the final user or consumer together with the grouped packaging or whether it serves only as a means to replenish the stock of products at the point of sale;
(c) Transport packaging – packaging conceived so as to facilitate handling or transport of a number of sales products or grouped packaging as an alternative to their manual handling and for prevention of transport damage, and all to the exclusion of containers intended for transport by land, air or sea;
“Single‐use packaging” – packaging which is not multiple use packaging;
“Multiple use packaging” – packaging conceived for reuse by a producer or importer;
"Service packaging" – packaging conceived for sale or marketing in Israel, whose use for packaging the product is
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not conducted during the production;
"Accredited body" – a company which was accredited by the administrator under the provisions of Section 12;
"Accreditation" – accrediting of a company as an accredited body under the provisions of Article A in Chapter D;
"Separation, collection and removal measures" – measures for separation of packaging waste and measures for collection and removal of separated packaging waste, established under Section 23;
"Recovery" – production of energy from packaging waste or procedure of processing packaging waste into a material used to produce energy;
"Approved recovery" – recovery in a recovery plant which is accredited under any law;
"Hazardous substance" – as defined in the Hazardous Substances Law, 5753 ‐ 19931;
"The Companies Law" – The Companies Law, 5759 ‐ 19992;
"Importer" – importer of service packaging or importer of packaged products;
"Importer of service packaging" – anyone who imports service packaging;
"Importer of packaged products " – anyone who imports packaged products;
"Recycling targets" – recycling targets by type of material and total recycling target, as per their meaning in Section 6;
"Producer" –producer of service packaging or producer of packaged products;
"Producer of service packaging" – anyone producing service packaging;
"Producer of packaged products" – anyone producing packaged products, on his own or through others;
"Packaged product" – a product which is packaged in a packaging which is not service packaging, which is intended for sale, for marketing or for production of another product in
1 Codex 5753, p. 28. 2 Codex 5759, p. 189.
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Israel;
"Recycling" – processing of packaging waste into products, materials or raw materials, for the purpose for which the package was initially conceived or for another purpose, including recycling of organic material, and excluding recovery;
"Approved recycling" – Recycling in an accredited recycling plant under any law;
"Sale" – including transfer to an end user, whether with or without compensation;
"The Administrator" – a person appointed as responsible for the field of packaging in the Ministry, under Section 47;
"The defense system" – each of the following:
(1) Ministry of Defense and units of the Ministry of Defense;
(2) Israel Defense Forces; (3) General Security Service and the Institute for
Intelligence and Special Operations; (4) Nuclear research centers under the responsibility
of the Atomic Energy Commission and the Biological Institute;
(5) Suppliers and factories developing or producing security equipment for a body stated in paragraphs (1) to (4), regarding which the Administrator was informed by the Minister of Defense; regarding this matter, "security equipment" – as defined in the Security Corporations (Defending Security Interests) Law, 5766 ‐ 20063;
(6) The Israel Police and Prison Service;
"The Ministry" – The Ministry of Environmental Protection;
"Packaging waste" – Packaging after their use for the purpose for which they were initially conceived, and regarding multiple use packaging – after their reuse;
"Maintenance of Cleanliness Fund" – The Maintenance of Cleanliness Fund established under Section 10 of the Maintenance of Cleanliness Law, 5748 ‐ 19944
"Local authority" – Municipality, local council or association of local authorities whose functions include collection and removal of waste;
3 Codex 5766, p. 174. 4 Codex 4748 , p. 142.
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"Reuse" – Additional use of packaging for the purpose for which it was initially conceived;
"The Minister" – The Minister of Environmental Protection.
Chapter B: Taking Reduction at Source Measures
Provisions regarding measures for reduction at source
3. The Minister, following consultation with the Minister of Industry Trade and Labor and with approval of the Knesset Economics Committee, may prescribe provisions regarding measures for reduction at source.
Production of packaging according to the measures for reduction at source
4. Where the Minister prescribes provisions according to Section 3, no packaging shall be manufactured unless in accordance with these provisions, except packaging intended for export.
Chapter C: Duties of Producers and Importers of Packaged Products or of Service
Packaging
Packaging labeling requirement
5. (a) The Minister, with the approval of the Knesset Economics Committee, may prescribe provisions regarding packaging labeling, including the manner of labeling, its content, size and location.
(b) Where the Minister prescribes provisions under subsection (a) ‐
(1) No producer shall produce and no importer shall market a packaged product or service packaging, unless they were labeled in accordance with these provisions;
(2) No person whose occupation is the sale of packaging, of packaged products or of products which are sold in service packaging, shall sell a packaged product or a product in service packaging, unless they were labeled in accordance with these provisions.
Packaging waste recycling requirement
6. (a) A producer and importer shall perform approved recycling of the packaging waste of the packaged products or of the service packaging, as applicable, that were produced or imported by them as stated, at the rates specified below, at least, in accordance with the type of the packaging material, out of the total weight of the single use packaging of the products of the same type of material sold by the producer or importer during that same year (in this Chapter – recycling targets in accordance with type of material):
(1) Glass, paper or cardboard – 60 percent; (2) Metal – 50 percent; (3) Plastic – 22.5 percent; (4) Wood – 15 percent.
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(b) The total packaging waste to be recycled by a producer or importer in accordance with the provisions of subsection (a) shall not be less than 60 percent of the total weight of the single use packaging of the total products sold by the producer or importer that same year (in this Chapter – total recycling target).
(c) Notwithstanding the provisions of subsections (a) and (b), in the time period between 29 Sivan 5771 (July 1st 2011) until 9 Tevet 5775 (December 31st 2014) the recycling targets shall be in accordance with the material type and the total recycling target, as specified below:
(1) In the period between 29 Sivan 5771 (July 1st 2011) until 5 Tevet 5772 (December 31st 2011) – the recycling targets in accordance with type of material shall be as specified, below, provided that the rate of the total recycling target shall not be less than 30 percent:
(1) Glass, paper or cardboard – 30 percent; (2) Metal – 20 percent; (3) Plastic – 15 percent; (4) Wood – 15 percent. (2) In the year 2012 – the recycling targets in
accordance with type of material shall be as specified below, provided that the rate of the total recycling target shall not be less than 40 percent:
(1) Glass, paper or cardboard – 40 percent; (2) Metal – 30 percent; (3) Plastic – 22.5 percent; (4) Wood – 15 percent. (3) In the year 2013 – the recycling targets in
accordance with type of material shall be as specified below, provided that the rate of the total recycling target shall not be less than 50 percent:
(1) Glass, paper or cardboard – 50 percent; (2) Metal – 40 percent; (3) Plastic – 22.5 percent; (4) Wood – 15 percent. (4) In the year 2014 – the recycling targets in
accordance with type of material shall be as henceforth specified, provided that the rate of the total recycling target shall not be less than 55 percent:
(1) Glass, paper or cardboard – 55 percent; (2) Metal – 45 percent; (3) Plastic – 22.5 percent; (4) Wood – 15 percent. (d) Where a producer or an importer performs approved
recovery of packaging waste, the rate of stated approved recovery of packaging waste shall be considered as if approved
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recycling under subsections (b) and (c) was performed for it, with regard to the total recycling target, up to a rate of 10 percent of the total weight of the single use packaging of the total products sold by the producer or the importer that same year.
(e) (1) Where a producer or importer exports, under the provisions of any law, packaging waste for recycling or recovery purposes, the Administrator may recognize the weight of such packaging waste, in whole or in part, as packaging waste for which approved recycling was performed under subsections (a) to (c), up to the rate of 20 percent of the recycling targets in accordance with type of material, for each material type. (2) Where the Administrator is convinced, under special circumstances, that there are no reasonable recycling or recovery alternatives in Israel and reasonable efforts were taken to create such alternatives, he may approve the export of packaging waste beyond the rate stated in paragraph (1).
Producer's and importer's reporting duty to the Administrator
7. (a) A producer and importer shall report to the Administrator twice a year (in this Section – semiannual report) and at the end of each year (in this Section – annual report), on all of the following:
(1) The number of packaged products or service packaging they sold and their weight, types of material of which the packaging of the packaged products or the service packaging are made, their capacity, their weight and whether they are single use or multiple use packaging, and in relation to the packaging of the packaged products – whether they constitute sales packaging, grouped packaging or transport packaging as well;
(2) The weight of the packaging waste of the packaged products or of the service packaging they collected, on their own or through another, as well as the details of the parties responsible for removal of waste or of another party from which they were collected and the types of materials of which such packaging waste is made;
(3) The weight of the packaging waste of the packaged products or of the service packaging they sold, which they recycled or recovered, and also the manner of its recycling or recovery and the details of the recycling or the recovery plant, and the types of material of which such packaging waste is made.
(b) A semiannual report shall be submitted to the
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Administrator within two months of the end of the period for which the report is submitted, in the format prescribed by the Administrator.
(c) An annual report, which is audited by an accountant, shall be submitted to the Administrator not later than six months from the end of each financial year, in the format prescribed by the Administrator.
(d) The Administrator or any party he authorized for that purpose may demand that a producer or importer provide him with any information used for preparing the report under this Section as well as any information in his possession which was used for preparing a report under Section 18 of an accredited body with whom he contracted in accordance with the provisions of Section 9; where a producer or importer is required to provide such information, he shall provide it at the time and in the manner noted in the demand.
(e) Where a producer or importer does not provide a semiannual report or an annual report, or where he provides such a report but the Administrator has reasonable grounds to assume that the report is incorrect, the Administrator may, after providing the producer or importer with an opportunity to present his arguments, determine by a well‐reasoned decision the rate of the packaging waste for which the producer or importer performed approved recycling or approved recovery during the report period.
(f) For purposes of this Section, a semiannual report shall be submitted for a period of six months which includes the months of January to June, or July to December, of each year.
(g) In this Section, "types of material" – the types stated in Section 6. (a) A producer and importer shall keep full and detailed records of the matters included in the reporting duty under Section 7.
Producer's and importer's recordkeeping duty
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(b) The Administrator or any party he authorized for that purpose may review the records as stated in this Section and may receive a true copy of them.
Duty to contract with an accredited body
9. (a) For the purpose of fulfilling the duties of producers or importers under this Chapter, excluding the duty to label packaging under Section 5, a producer and importer are required to contract with an accredited body by a contractual agreement; where a producer or importer contracts with an accredited body, the accredited body shall be responsible for fulfilling the stated duties of the producer or importer, for as long as the contract is valid.
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(b) A producer and importer shall be responsible for financing the entire costs of the accredited body with which they contracted under the provisions of subsection (a), in equitable conditions, and taking into account, inter alia, their share of the weight and type of material and the possibility for recycling the packaging which was produced or imported by all the producers and importers who contracted with that same accredited body. (c) Without derogating from the provisions of the final clause of subsection (a), a producer or importer who contracted with an accredited body, shall keep full and detailed records of the information stated in Section 7(a)(1), and the Administrator or the party he authorized for that purpose may review such records and receive a true copy of them. (d) Where a producer or importer finds that an accredited body with which he contracted under the provisions of subsection (a) does not fulfill the duties of producers or importers as stated in that same subsection, in whole or in part, or he believes that concern exists that the accredited body shall not fulfill such duties, the producer or importer shall take all reasonable measures available to him in order to assure fulfillment of such duties by the accredited body.
(e) The Administrator may exempt a producer or importer from the duties under this Section, if convinced that the same producer or importer can fulfill his duties under this Chapter not through the accredited body, under conditions he shall prescribe in the exemption order; the Administrator may prescribe a format for submission of such an application for exemption, and may instruct that an exempted applicant shall be considered as a party applying for accreditation under Section 13, mutatis mutandis.
Exemption for negligible weight of packaging
10. Provisions under this Chapter shall not apply to a producer or importer where the weight of the packaging of the packaged products or of the service packaging he sold during the year does not exceed 1000 kg; the producer or importer shall notify the Administrator that he fulfills the stated condition, but he may notify the Administrator that he requests that the provisions under this Chapter shall apply to him.
Levy on exempted producers or importers
11. The Minister, with the consent of the Minister of Finance, may set a levy to be imposed on a producer or importer who are exempted from the provisions under this Chapter in accordance with the provisions under Chapter 10, and he may set different levy rates for types of packaging of packaged products, for types of service packaging or for types of material of which the packaging is made, and also, inter alia, provisions regarding linking of the levy, manner of its payment, manner of its collection and reports which a producer or importer is obligated to submit regarding the levy; setting the levy's rate and its linkage requires approval by the
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Economic Committee of the Knesset.
Chapter D: Accredited Body
Article A: Accreditation
Accreditation of a company as an accredited body
12. (a) The Administrator may accredit a company as a body responsible for fulfilling the duties of producers or importers who shall contract with it under this Law, if all of the following are fulfilled:
(1) It is a company as defined in the Companies Law; (2) Its exclusive objective is fulfilling duties of
producers or importers under this Law and performing the actions required for that purpose;
(3) If established for profit purposes – its articles of association limit the possibility of distributing profits if it did not comply with the recycling targets of the producers or importers for whose fulfillment of duties it is responsible or if the provisions of Section (21)(f)(1) were not fulfilled; notwithstanding the provisions of this paragraph, during the three year period from the commencement of this Law, the Administrator may only accredit a company for public benefit as defined in the Companies Law; the Minister may, by an order, shorten such period or extend it by periods of a year each time, provided that the total of the extension period shall not exceed two consecutive years.
(4) It presented a business plan to the Administrator's satisfaction according to which in close proximity to the time of accreditation it shall provide services to producers and importers so that the weight of the packaging materials which they shall produce or import shall not be less than 10 percent of the total weight of the packaging material that was produced or imported by all of the producers and importers to whom the provisions of Chapter C to the Law applies, and within three years from the time of accreditation it shall provide services to producers and importers so that the weight of the packaging materials which they shall produce or import shall not be less than 25 percent of the said total (hereinafter – the rate of scope of services regarding accreditation);
(5) It undertook to provide services to producers and importers who shall contract with it, under the provisions of Sections 9(a) and 16(a), for the totality of packaging waste of the packaged products or the service products, as applicable,
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that each producer or importer who shall contract with it as stated shall produce or import;
(6) It owns sufficient equity capital, to the Administrator's satisfaction, and provided guarantees to assure its compliance with the target stated in paragraph (2);
(7) The general manager of the company and its controlling shareholder were not convicted of an offense, by virtue of whose nature, severity, or circumstances, the company is not entitled to be an accredited body; regarding this matter, "control" – as defined in the Securities Law, 5728 ‐ 19685;
(8) Additional conditions as the Minister shall establish.
(b) The Administrator may refuse to provide accreditation to the applicant, for reasons he shall give to the applicant and after providing him with an opportunity to present his arguments, even if the conditions in subsection (a) are fulfilled in relation to him, if he found that circumstances exist which preclude him from receiving accreditation, or if convinced that there is real concern that providing the accreditation to the applicant shall harm the implementation of the objectives of this Law taking into consideration, inter alia, the following:
(1) The number of accredited bodies operating in Israel;
(2) The share of the producers or importers contracted with accredited bodies in the production or import of the type of packaging material produced or imported by all of the producers and importers to which the provisions of Chapter C of the Law apply (in this subsection – share in production or import of the total type of packaging material);
(3) The type of packaging which producers or importers as stated in paragraph (2) produce or import;
(4) The number of producers or importers who shall contract with the applicant, their share in production or import out of the total type of packaging material , or the type of packaging they produce or import.
(c) Notwithstanding the provisions of subsection (a)(4) and (5), the Administrator may accredit a company as the body responsible for fulfilling the duties of producers or importers under this Law who shall contract with it although the rate of its scope of service regarding the accreditation is lower than the rate stated in subsection (a)(4), if it was convinced that exceptional circumstances exist which deem it appropriate that the company shall be responsible for fulfilling such duties
5 Codex 5728, p. 234.
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of producers or importers in all that pertains to packaging waste of a specific type or of specific types only; such accreditation shall be effected in a manner which shall not damage the economic viability of the company and the attainment of the recycling targets of the total packaging waste.
(d) In order to assure the compliance of the accredited body with the target stated in subsection (a)(2), the Administrator may prescribe conditions in the accreditation which should be fulfilled during the term of the accreditation's validity, in whole or in part, including conditions regarding information activity to promote the objectives of the Law, and may alter the stated conditions, after providing the accredited body with an opportunity to present its arguments.
(e) Accreditation shall be provided for a period of five years (in this Chapter – the accreditation period).
(f) The articles of association of the accredited body and any modification of them require the Administrator's approval.
(g) The Administrator shall publish a notice regarding accreditation of a company as an accredited body and regarding the accreditation's date in the Official Gazette (Reshumot) and on the Ministry's website.
Application for accreditation
13. (a) A company seeking to receive accreditation shall submit to the Administrator an application which shall include the following documents and details:
(1) The company's articles of association; (2) A business plan and a budget plan for the
accreditation period, including the planned measures regarding package labeling;
(3) Planned geographical distribution of its activity during the accreditation period;
(4) Sample contract of agreement between the applicant and a producer or importer;
(5) Sample contract of agreement between the applicant and a party responsible for waste removal;
(6) Additional details and information as established by the Minister.
(b) The Administrator may demand from the applicant additional details and documents as he shall deem necessary, for the purpose of examining the application.
(c)The Administrator's decision in an application under this Section shall be provided within three months from the day in which the application documents were received, including the details or the documents requested under the provisions of subsection (b).
Revocation of accreditation
14 (a) The Administrator, with approval of the Ministry's Director General, may revoke accreditation, after providing the accredited body an opportunity to present its arguments,
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upon the fulfillment of one of the following: (1) The accreditation was provided based on false or
misleading information; (2) One of the conditions for providing the
accreditation under Section 12 ceased to exist in the accredited body;
(3) The accredited body violated any of the accreditation conditions or any provision under this Chapter or it violated any provision of any other legislation in connection with its activity;
(4) A temporary liquidation order was issued regarding the accredited body or a receiver was appointed for it or an application for any of the above was filed, or it voluntarily decided to liquidate.
(b) Where the Administrator revokes an accreditation, he may provide the company in relation to which the accreditation was revoked as well as any producer or importer who was contracted to it by a contractual agreement under this Law immediately prior to the revocation, instructions in order to assure the continued fulfillment of duties by the producers or importers under this Law, including the date and the manner in which such producers and importers are obligated to perform activities which are required for that purpose.
Article B: Duties of an Accredited Body
(a) An accredited body shall perform all the activities required for fulfillment of the duties of producers or importers who contracted with it for this purpose as stated in Section 9, and shall act in accordance with the provisions under this Article.
Implementing activities to fulfill the duties of producers or importers
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(b) An accredited body may, for purpose of fulfilling the duties of producers or importers under Section 6, recycle or recover packaging waste of packaged products or of service packaging which was sold by producers or importers who did not engage with it.
Duty to contract with producers and importers and reporting duty towards them
16. (a) An accredited body shall contract by a contractual agreement with any producer or importer who shall approach it for the purpose of fulfilling his duties, which correspond to the accreditation conditions of that particular accredited body, in equitable conditions; the agreement shall be made in accordance with the sample contract approved by the Administrator in the accreditation and in accordance with the conditions established in it.
(b) An accredited body shall report, at least twice each year, in the format prescribed by the Administrator, to each producer and importer with whom it contracted, on the activities it performed for the purpose of fulfilling their duties, including the rate of recycling of packaging waste it performed during the report period, out of the recycling targets under
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Section 6.
Duty to contract with a party responsible for waste removal and performing collection and removal activities of packaging waste
17. (a) Without derogating from the duties of an accredited body under the provisions of this Law, an accredited body is responsible for financing the total costs required for handling the packaging waste that was separated and collected in the property of each party responsible for waste removal with whom it contracted, excluding packaging waste which was collected from a business under Section 26, including financing of ‐
(1) Separation of packaging waste; (2) Collection and removal of packaging waste; (3) Sorting of packaging waste; (4) Recycling, recovery or removal of packaging
waste, under any law. (b) If packaging waste was not separated from other waste, an
accredited body shall be responsible for financing the costs specified in subsection (a)(1) and (2) in relation to the packaging waste only.
(c) An accredited body shall propose to each party responsible for waste removal to contract with it by contractual agreement, regarding separation of packaging waste and collection and removal of packaging waste in its property, under equitable conditions; the contractual agreement shall be drafted in a manner corresponding with the sample contract approved by the Administrator in the accreditation and in accordance with its conditions.
(d) An accredited body shall contract by contractual agreement as stated in subsection (c), with each party responsible for waste removal that shall approach it, regarding the matter of separating packaging waste and collection and removal of packaging waste in its property, which correspond to the accreditation conditions of that accredited body.
(e) An accredited body shall be responsible for the implementation of measures for the collection and removal of packaging waste in the property of all parties responsible for waste removal with whom it contracted, in accordance with the contractual conditions and the accreditation conditions; such collection and removal shall be implemented in an equitable manner, in a frequency and manner which shall assure collection and removal which are regular and available to the public and prevent accumulation of packaging waste, all in accordance with the sorting, collection and removal measures established by the parties responsible for waste removal under Section 23(a) and subject to any law.
(f) The Administrator may issue instructions regarding the frequency of collection and removal of packaging waste under subsection (e) and the quantities of the packaging waste to be collected and removed as stated, as well as regarding removal of packaging waste from a business under Section 26, including setting criterions for collection and for removal; the
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Administrator's instructions under this Section shall be published in the Official Gazette (Reshumot).
(g) The Administrator, with the approval of the Director General of the Ministry, may exempt an accredited body which received accreditation under the provisions of Section 12(c), from the provisions under this Section, in whole or in part, if convinced that also after granting such exemption, collection and removal of packaging waste shall be performed nationwide.
Reporting duty to the Administrator of an accredited body
18. (a) An accredited body shall report to the Administrator, twice a year (in this Section – semiannual report), after the end of two months from the period for which the report is filed, in the format prescribed by the Administrator, regarding all of the following:
(1) The producers and importers with whom it contracted by a contractual agreement in the period for which the report is filed;
(2) The details as stated in Section 7(a)(1), regarding each of the producers and importers with whom it contracted as stated;
(3) The parties responsible for waste removal with whom it contracted by a contractual agreement in the period for which the report is filed;
(4) The details as stated in Section 7(a)(2) and (3), in relation to the packaging waste of the packaged products or of the service packaging it collected, recycled or recovered.
(b) An accredited body shall report to the Administrator at the end of each year (in this Section – an annual report), not later than six months from the end of the year for which the audited report is filed by an accountant, in the format prescribed by the Administrator regarding all of the following:
(1) The matters as stated in subsection (a); (2) The financial balance of the accredited body for
the passing year. (c) An accredited body shall report to the Administrator at the
end of each year, not later than two months from the end of any financial year, in the format prescribed by the Administrator, regarding a budget plan and work plan for the coming year.
(d) The Administrator or any party he authorized for that purpose may demand that an accredited body provide him with any information which was used for preparing the report under this Section; if an accredited body was required to provide such information, it shall provide it at the time and in the manner noted in the demand.
(e) Where an accredited body did not provide a semiannual report or an annual report, or where it provided such a report but the Administrator has reasonable grounds to assume that the report is incorrect, the Administrator may, after providing
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the accredited body with an opportunity to present its arguments, determine by a well‐reasoned decision the rate of the packaging waste for which the approved recycling or approved recovery were performed during the report period.
(f) For purposes of this Section, a semiannual report shall be submitted for a period of six months which includes the months of January to June, or July to December, of each year. (a) An accredited body shall conduct full and detailed records of the matters which are included in the reporting duty under Section 18.
Recordkeeping duty of an accredited body
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(b) The Administrator or any party he authorized for that purpose may review such records as stated in this Section and receive a true copy of them.
Determination of reduced weight of packaging waste due to violation of instructions by a party responsible for waste removal
20. (a) Without derogating from the provisions of Section 18(e), where an order under Section 24(a) was issued against a party responsible for waste removal or a financial sanction was imposed due to the absence of a contractual agreement with at least one accredited body regarding collection and removal of packaging waste from its property under Section 34(b), the Administrator may determine, regarding the packaging waste in the property of the party responsible for waste removal, a weight which shall be reduced from the weight of the packaging waste regarding which an accredited body is required to recycle under Section 6.
(b) In the case of several accredited bodies, the Administrator shall determine the relative share of the reduced weight of packaging waste as stated in subsection (a), which can be reduced for each accredited body in relation to the total weight of packaging waste which was produced or imported by all the producers and importers to whom the provisions of Chapter C apply.
Meeting of producers and importers
21. (a) An accredited body shall convene, at least once each year, a meeting of producers and importers who are contracted by a contractual agreement with it and which are not shareholders in the accredited body (in this Chapter – meeting of producers and importers).
(b) A meeting of producers and importers shall be an organ of the accredited body, and its resolutions shall bind the accredited body in the matters detailed in this Section.
(c) In a meeting of producers and importers the accredited body shall present the matters which were reported to the Administrator under Section 18, excluding the details stated in its subsection (a)(2).
(d) Where a meeting of producers and importers finds, in accordance with reports presented to it under subsection (c), that the accredited body does not fulfill the duties of the producers and importers contracted with it as stated in Section 9 and in the contractual agreement or other duties
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which are imposed on it under any law, or that there is concern that it shall not fulfill such duties, it may demand the convening of an extraordinary meeting of the directorate of the accredited body, within a period it shall establish and which shall not be less than seven days, in which the matters detailed in the demand shall be considered; the demand shall be brought to the attention of the Administrator and the directorate's decision shall be brought to the attention of the producers and importers and the Administrator.
(e) In an accredited body which is not a public company two directors shall be appointed who fulfill the conditions of Section 240 (b) of the Companies Law, as if they were external directors, who shall hold office in the directorate of the accredited body, and their nomination requires the approval of the meeting of producers and importers.
(f) (1) The decision of an accredited body regarding distribution requires the approval of the meeting of producers and importers; a meeting of producers and importers may not approve distribution if there is real concern that implementing the distribution shall harm the ability of the accredited body to fulfill the duties of the producers and importers as stated in Section 9 and in the contractual agreement when their date of fulfillment arrives.
(2) The decision of a meeting of producers and importers regarding distribution can be appealed to the District Court.
(g) The decisions of the meeting of producers and importers shall be taken by majority vote of the producer and importer members participating in the vote, unless it was otherwise decided under subsection (h); an accredited body shall bring the decisions taken in a meeting of producers and importers to the attention of the Administrator.
(h) The Minister may prescribe provisions regarding this Section, including the manner of convening a meeting of producers and importers, its deliberations and work, the times of its convening, the legal quorum in its meetings, dispatch of notices to the producers and importers who are authorized to participate in its meetings and the manner of voting, including by proxy.
(i) The Minister may exempt an accredited party from the provisions of this Section, in whole or in part, if he found that under the articles of association of that accredited body, each producer or importer which is contracted with it by a contractual agreement can be a shareholder in it, under reasonable conditions in the circumstances of the matter, and that most of the producers and importers who are contracted with it by a contractual agreement are shareholders.
(j) In this Section, "public company", "distribution" and "office
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holder" – as defined in the Companies Law.
Representative of the Administrator
22. (a) An invitation to the directorate meetings of the accredited body and the directorate committees as well as to meetings of the producers and importers, shall be delivered to the Administrator, and he may send a representative on his behalf to any such meeting, who may participate in the meeting but not have voting rights.
(b) The representative mentioned in subsection (a) may demand the convening of a directorate meeting, directorate committee meeting or meeting of producers and importers and request the inclusion of a subject in the agenda of the meeting and also examination of the documents of the accredited body, its records and assets, and receipt of copies under Sections 98(b)(2) and (d), 99(3) and 265 of the Companies Law, respectively.
Chapter E: Instructions regarding Separation, Collection, Removal, and Landfilling of
Packaging Waste Determining separation, collection and removal measures and duty to contract with an accredited body
23.
(a) A party responsible for waste removal shall prescribe, subject to provisions under subsection (d), measures regarding the separation of packaging waste from other waste in its property, and it may allow within such measures the mixing of packaging waste with waste of similar characteristics to those of the packaging waste (in this Law – measures for separation of packaging waste), as well as measures regarding collection and removal of packaging waste which was separated as stated (in this Law – measures for collection and removal of separated packaging waste); however, the prescribed measures regarding the mixing of waste, do not increase the financing of an accredited body beyond the financing duty under Section 17(a) and (b).
(b) (1) A party responsible for waste removal shall be responsible for separation of packaging waste and collection and removal of packaging waste from its property, in accordance with the measures for separation, collection and removal it prescribed regarding this matter under subsection (a) and the provisions under this Law.
(2) for purpose of fulfilling its duty as stated in paragraph (1), a party responsible for waste removal shall contract by contractual agreement with at least one accredited body; nevertheless the provisions of this subsection do not prevent the party responsible for waste removal to also contract with a producer or with an importer who received an exemption from a contractual duty under Section 9(e), for the purpose of implementing collection and removal of the packaging waste of the packaged products or of
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the service packaging it produced or imported. (c) A party responsible for waste removal shall transfer the
packaging waste collected from its property in accordance with its duties under this Section to an accredited body with whom it contracted, without additional compensation beyond the cost of financing as stated in Section 17(a) or (b), as applicable.
(d) (1) The Minister may establish criteria regarding the separation, collection and removal measures, and may not allow in such arrangements the mixing of packaging waste with waste of similar characteristics to those of the packaging waste.
(2) In establishing provisions under this subsection, the Minister shall consider, inter alia, whether significant damage can be caused to the quantity and quality of packaging waste and waste of similar characteristics to those of the packaging waste that was recycled prior to the commencement of this Law.
(3) Regulations under this subsection in all that pertains to local authorities shall be promulgated with the consent of the Minister of the Interior.
(e) (1) The Minister, in accordance with the recommendation of the pricing committee and with approval of the Minister of Finance, may set prices regarding contracting with an accredited body for the purpose of implementing separation, collection and removal measures under the provisions of subsection (b).
(2) The pricing committee shall include eight members, of which four are employees of the Ministry of Finance to be appointed by the Director General of the Ministry of Finance, and one of which shall be the chairperson, an employee of the Ministry of Industry Trade and Labor to be appointed by the Director General of the Ministry of Industry Trade and Labor, an employee of the Ministry of the Interior to be appointed by the Director General of the Ministry of the Interior and two employees of the Ministry to be appointed by the Director General of the Ministry.
(3) Within 90 days of the day the Administrator initially accredited the accredited body under Section 12, the pricing committee shall submit a recommendation to the Minister as stated in paragraph (1).
(f) The authorities granted to the Minister of the Interior regarding bylaws under Section 258 of the Municipalities Ordinance6, Section 22 of the Local Authorities Ordinance7,
6 Laws of the State of Israel, new version 8, p. 197
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and Section 14 of the Municipal Corporations Law, 5715 ‐ 19558, shall be granted to the Minister for the matter of a bylaw regarding separation, collection and removal measures, determined by the party responsible for waste removal which is a local authority under the provisions of this Section.
Order regarding establishment of separation, collection and removal measures or contracting with an accredited body
24. (a) Where a party responsible for waste removal does not establish separation, collection and removal measures or does not contract with at least one accredited body, in accordance with the provisions under Section 23, the Administrator may, in consultation of the Director of the Local Government Administration in the Ministry of the Interior, order it, to establish such measures or to contract with an accredited body, as applicable, under the provisions it shall establish by an order, including the manner, the date and the price for establishing such measures or contractual agreement; the provisions of the order under this subsection shall be established subject to the instructions of the Minister under Section 23(d) and (e), inasmuch as they shall be established; where the Director of the Local Government Administration in the Ministry of the Interior did not respond to the Administrator within 14 days of the date of approaching him under this Section, the Administrator shall be deemed to have fulfilled the stated duty of consultation.
(b) The provisions of Section 23(f) shall apply regarding the bylaw on separation, collection and removal measures, which were established by a party responsible for waste removal which is a local authority under the provisions in this Section.
Prohibition on discarding, collection or removal of packaging waste not in accordance with separation, collection and removal measures
25. (a) Where a party responsible for waste removal establishes measures for separation of packaging waste, no person shall dispose of packaging waste in the property of the party responsible for waste removal except in accordance with those measures. (b) Where a party responsible for waste removal establishes measures for collection and removal of separated packaging waste, no person shall collect packaging waste in the property of the party responsible for waste removal and shall not remove packaging waste from its property, except in accordance with those provisions.
Collection and removal of packaging waste from a business
26. (a) In this Section – "Business" – a place where packaging waste accumulates during the course of the work or business; "Business owner" – a holder of a permit or license required under any law for operation of a business or its management or for work in the business, or any party which is required to receive a permit or license for the purpose of such operation or management.
7 Laws of the State of Israel, new version 9, p. 256 8 Codex 5715, p. 48.
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(b) Notwithstanding that stated in this Chapter, a business owner may contract with an accredited body regarding collection and removal of packaging waste which accumulates in the business, in whole or in part, in accordance with the conditions of accreditation of that accredited body.
(c) A business owner who contracted with an accredited body as stated in subsection (b), shall keep full and detailed records of the weight of the packaging waste of the packaged products or of the service packaging which accumulated in the business and which is intended for removal and the types of materials stated in Section 6 of which the packaging waste consists, and shall supply such information to the accredited body, according to its demand.
(d) The Administrator or any party he authorized for that purpose may review the records in the business as stated in subsection (c) and receive a true copy of them, and also demand that the business owner provide him with any information pertaining to this Section; if a business owner was required to supply such information, he shall supply it on the date and manner noted in the demand.
(e) Collection and removal from a business under this Section shall be performed in a frequency and manner that assures regular collection and removal and shall prevent accumulation of packaging waste, and subject to any law.
(f) Regarding packaging waste which was not collected by an accredited body or at any time when the contract with the accredited body is not valid, the prohibitions stated in Section 25 shall apply to the business owner.
Prohibition on landfilling packaging waste
27. (a) As of 4 Tevet 5780 (1 January 2020) a person shall not landfill packaging waste, including in a location that serves for removal and disposal of waste.
(b) Notwithstanding that stated in subsection (a), the Administrator may, with the Ministry's approval, approve, in writing, the landfilling of packaging waste in a specific place, if convinced, in specific cases, that there are no reasonable recycling or recovery alternatives available; such approval shall be provided for a period not exceeding one year.
Chapter F: Inspectors
(a) The Minister may authorize from among his Ministry employees, inspectors in whom the powers under this Article, in whole or in part, shall be vested.
Authorizing inspectors
28.
(b) An inspector shall not be authorized under the provisions in subsection (a), unless he fulfills all of the following:
(1) The Israel Police gave notice, not later than three months from the day it received the employee's details, that it does not object to his authorization for reasons of public safety, including his criminal record;
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(2) He received suitable training in the field of the powers to be vested in him under this Chapter, as ordered by the Minister, with approval of the Minister of Public Security;
(3) He meets additional qualification conditions, as ordered by the Minister, in consultation with the Minister of Public Security.
Inspector's authorities
29. (a) For purpose of supervising the implementation of the provisions under this Law, an inspector may ‐
(1) require any person to provide him with his name and address and to present him with an identification card or another official document that identifies him;
(2) require of any relevant person to provide him with any information or document that can assure or facilitate the implementation of the provisions under this Law or facilitate their implementation; in this paragraph, "document" – including a computer printout, as defined in the Computers Law, 5755 ‐ 19959;
(3) take measurements or samples of materials, and also deliver the measurements and samples to a laboratory, keep them or deal with them in some other manner;
(4) enter a place, including a vehicle when stationary, provided that he shall not enter a place used for residence, except under court order.
(b) Where suspicion of an offense under this law arises, an inspector may ‐
(1) interrogate any person connected to the stated offense, or who may have information about the stated offense; the provisions of Sections 2 and 3 to the Criminal Procedure Law (Testimony)10 shall apply to an interrogation under this paragraph, mutatis mutandis;
(2) seize any object connected to the stated offense; the provisions of Chapter Four of the Criminal Procedure Ordinance (Arrest and Search) [New Version], 5729 ‐ 196911 shall apply to seizure under this paragraph, mutatis mutandis;
(3) request a search warrant from the court under Section 23 of the Arrest and Search Ordinance, and implement it; the provisions of Sections 24(a)(1), 26 to 28 and 45 of the Arrest and Search Ordinance shall apply to a search under this paragraph, mutatis mutandis;
9 Codex 5755, p. 366 10 Laws of the Land of Israel, Volume A, p. (H) 439, (E) 467. 11 Laws of the State of Israel, New Version 12, p. 284.
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(c) Where a person refuses to comply with the demand of an inspector, according to his authority under the provisions of this Section, and where there is concern that he shall escape or where his identity is unknown, the inspector may detain that person until the arrival of a policeman, and the provisions of Section 75(b) and (c) of the Criminal Procedure Law (Power of Enforcement – Arrest), 5756 ‐ 199612 shall apply to a detention, as stated, mutatis mutandis.
Identification of an inspector
30. (a) An inspector shall not make use of the authorities vested in him under this Article, except while on duty and when the following two apply:
(1) He openly wears a badge that identifies him and his position and wears an inspector's uniform, in the color and form prescribed for this purpose by the Minister, provided that such uniform does not appear to be a police uniform;
(2) He holds a certificate signed by the Minister that testifies to his position and the authorities of an inspector, which he shall present upon demand;
(b) The obligation to identify himself under subsection (a) shall not apply if it might cause one of the following:
(1) thwarting the exercise of the authority of the inspector;
(2) endangering the safety of the inspector or the safety of another person.
(c) Where the circumstance due to which an inspector did not fulfill the identification duty as stated in subsection (b) pass, the inspector shall fulfill such duty, as soon as possible.
Chapter G: Penalties
Penalties 31. (a) A person who committed one of the following shall be liable to a fine as stated in Section 61(a)(2) of the Penal Law, 5737 ‐ 197713 (in this Law – the Penal Law), and in case of a corporation – double the said fine:
(1) discarded packaging waste in the property of the party responsible for waste removal not in accordance with the measures for separation of packaging waste as established by the party responsible for waste removal, in violation of the provisions under Section 25(a);
(2) collected or removed packaging waste in the property of the party responsible for waste removal not in accordance with the measures for collection and removal of separated packaging waste as established by the party responsible for waste removal, in violation of the provisions under Section 25(b).
12 Codex 5756, p. 338. 13 Codex 5737, p. 226.
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(b) A person who committed one of the following shall be liable to a fine as stated in Section 61(a)(3) of the Penal Law, and in case of a corporation – double the said fine:
(1) produced a packaging not in accordance with the provisions prescribed by the Minister regarding means of reduction at source, in violation of the provisions under Section 4.
(2) produced or marketed a packaged product or a service packaging, or sold a packaged product or a product in service packaging, without labelling in accordance with the provisions under Section 5;
(3) failed to submit a report to the Administrator or did not provide information to the Administrator or to the party it authorized for that purpose, in violation of the provisions under Sections 7 or 18;
(4) failed to keep full and detailed records of the matters contained in the reporting duty under Sections 7 or 18 or did not allow the Administrator or the party he authorized for that purpose to review such records or to receive a true copy of them, in violation of the provisions under Sections 8 or 19;
(5) failed to contract with an accredited body in violation of the provisions under Section 9(a);
(6) failed to keep full and detailed records of the information stated in Section 7(a)(1) or did not allow the Administrator or the party he authorized for that purpose to review such records or to receive a true copy of them, in violation of the provisions under Section 9(c);
(7) failed to pay a levy he was obligated to pay, in violation of the provisions under Section 11;
(8) failed to fulfill a condition established by the Administrator in the accreditation under the provisions of Section 12(d);
(9) failed to work toward the implementation of the measures for collection and removal of separated packaging waste in the property of the party responsible for waste removal with whom it contracted in accordance with the provisions under this Section 17(h);
(10) did not establish separation, collection and removal measures in accordance with one of the following:
(a) provisions under Section 23(a); (b) an order by the Administrator under
Section 24(a); (11) failed to contract with at least one accredited
body in violation of the provisions of Section 23(b)(2).
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(c) A person committed one of the following shall be liable to six months imprisonment or a fine as stated in Section 61(a)(4) of the Penal Law, and if it was a corporation – double such fine:
(1) failed to fulfill the recycling targets under Section 6;
(2) landfilled packaging waste, in violation of the provisions of Section 27;
(3) revealed information or made use thereof, in violation of the provisions under Section 52(b).
(d) A party responsible for waste removal shall not bear criminal liability for an offense under subsection (c)(2), if it proved that the conditions henceforth specified exist and that it took reasonable means to prevent landfilling of packaging waste, including it established separation, collection and removal measures, and took supervision and enforcement measures to assure their implementation:
(1) The packaging waste was landfilled, without its knowledge, jointly with other waste and constitutes a negligible portion of the total waste that was landfilled;
(2) The packaging waste was discarded jointly with the other waste, prior to its landfilling, by a party who is not its employee and who does not provide waste services to it.
Liability of an office holder in a corporation
32. (a) An office holder in a corporation must supervise and do everything possible to prevent offenses under Section 31, by the corporation or by any of its employees; anyone who violated this duty shall be liable to – a fine as stated in Section 61(a)(3) of the Penal Law.
(b) Where an offense was committed under this Law by a corporation or by any of its employees, the presumption is that the office holder in the corporation violated his duty under this Section, unless he proved that he did everything possible to fulfill his duty.
(c) In this Section, "office holder in a corporation" – an active manager in the corporation, partner other than a limited partner, or a holder of another position in the corporation who is responsible on behalf of the corporation for the field in which the violation was committed, and regarding violations under paragraphs (1), (3), (5), (6), (9), (10) or (11) of Section 31(b) and violations under Section 31(c) – a director as well.
Fine rates 33. Notwithstanding the provisions of Section 221(b) to the Criminal Procedure Law [Integrated Version], 5742 ‐ 198214, the Minister of Justice may, with the consent of the Minister, set a fine rate exceeding the fine rate set in the foregoing Section, for an offense under this Law that was designated as a finable offense as well as for an additional or continued finable
14 Codex 5742, p. 43
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offense which was committed by the same party, taking the type of offense and the circumstances under which it was committed into consideration, provided that the rate of such fine shall not exceed ten percent of the maximal fine rate which is set for that offense. Chapter H: Financial Sanction
Financial sanction 34. (a) Where a person violates a provision under this Law as
henceforth detailed, the Administrator may impose a financial sanction on him under the provisions of this Chapter, in the sum of 75,000 New Shekels, and in case of a corporation – in the sum of 150,000 New Shekels:
(1) violated the provisions of Section 9(d); for this purpose it is presumed that a producer or importer who fulfilled his duties under Sections 7(d) and 9(a) to (c), did not violate the provisions of Section 9(4), unless proven otherwise;
(2) failed to contract by means of a contractual agreement with a producer or importer who approached him, in violation of the provisions of Section 16(a);
(3) failed to contract by means of a contractual agreement with a party responsible for waste removal who approached him, in violation of the provisions of Section 17(d);
(4) discarded packaging waste in the property of a party for waste removal not in accordance with the measures for separation of packaging waste as established by the party responsible for waste removal, in violation of the provisions under Section 25(a);
(5) collected or removed packaging waste from the property of a party responsible for waste removal not in accordance with the measures for collection and removal of separated packaging waste, in violation of the provisions under Section 25(b);
(6) violated a provision established in Section 31(b), except under Section 31(b)(10)(b) and (11).
(b) Where a party responsible for waste removal fails to contract with at least one accredited body regarding separation of packaging waste and collection and removal of separated packaging waste in its property, in violation of the provisions of Section 23(b)(2), or where it failed to establish measures in accordance with an order by the Administrator under Section 24(a), the Administrator may impose a financial sanction on it under the provisions of this Chapter in the sum of 500,000 New Shekels.
(c) Where a person landfills packaging waste, in violation of the provisions of Section 27, the Administrator may impose a financial sanction on him under the provisions of this Chapter
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in the sum of 226,000 New Shekels, and in case of a corporation – in the sum of 452,000 New Shekels.
(d) Where a producer, an importer or an accredited body does not fulfill the recycling targets under Section 6, the Administrator may impose a financial sanction on it under the provisions of this Chapter in the sum of 2,500 New Shekels for each ton of packaging waste for which it did not implement approved recycling in accordance with such targets; nevertheless, where a person does not fulfill the recycling targets in accordance with type of material and the total recycling target, together, a financial sanction for violating the total recycling target only shall be imposed.
(e) Notwithstanding the provisions of subsection (d), in the years 2011 and 2012 the sum of the financial sanction which the Administrator may impose for each ton of packaging waste for which no approved recycling was implemented in accordance with the recycling targets under Section 6, shall be as henceforth detailed:
(1) In the year 2011 – 1,500 New Shekels; (2) In the year 2012 – 2,000 New Shekels. (f) In subsections (a)(4) and (5) and (c), "packaging waste" –
packaging waste created due to an activity of a corporation or due to activity of a business or the occupation of an individual, excluding occupation of an individual which is performed in a residential apartment used by the dealer.
Notice of intention to charge
35. (a) Where the Administrator has reasonable grounds to assume that a person violated a provision under this Law, as stated in Section 34 (in this Chapter – violator), and he intends to impose a financial sanction on him under that Section, he shall deliver notice to the violator regarding the intention to impose a financial sanction (in this Chapter – notice of intention to charge).
(b) In the notice of intention to charge the Administrator shall note, inter alia, the following:
(1) The deed or omission (in this Chapter – the deed) which constitutes the violation;
(2) The sum of the financial sanction and the period of its payment;
(3) The right of the violator to present his arguments before the Administrator under the provisions in Section 36;
(4) The rate of increment to the financial sanction for a continued violation or recurring violation under the provisions in Section 38.
Right to present arguments
36. A violator to whom a notice of intention to charge under the provisions of Section 35 was delivered may submit his arguments, in writing, before the Administrator, regarding the intention to impose a financial sanction on him and regarding its sum, within 30 days of the date of delivery of the notice.
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Decision of the Administrator and demand for payment
37. (a) Where the violator submits his arguments before the Administrator under the provisions of Section 36, the Administrator shall decide, after considering the arguments submitted, whether to impose a financial sanction on the violator, and he may reduce the sum of the financial sanction under the provisions of Section 39.
(b) (1) Where the Administrator decides under the provisions of subsection (a) to impose a financial sanction on the violator, he shall deliver a demand for payment of the financial sanction (in this Chapter – demand for payment) to him; in the demand for payment the Administrator shall note, inter alia, the reasons for his decision, the sum of the updated financial sanction and the period for its payment.
(2) Where the Administrator decides under the provisions of subsection (a) not to impose a financial sanction on the violator, he shall so notify him.
(c) Where the violator does not request to present his arguments under the provisions of Section 36, within 30 days of the day the notice of intention to charge was delivered to him, this notice shall be regarded, at the end of the said 30 days, as a demand for payment which was delivered to the violator at the stated date.
Continuing violation and recurring violation
38. (a) In case of a continuing violation the fiftieth part of the financial sanction shall be added to the financial sanction for each day the violation continues.
(b) In case of a recurring violation, the financial sanction that could have been imposed, had this been a first violation, shall be increased by an amount equal to the financial sanction; regarding this matter, "recurring violation" – violation of a provision under this Law as established in Section 34, within two years of the previous violation of that same provision, for which a financial sanction was imposed on the violator or for which he was convicted.
Reduced sums 39. (a) The Administrator may not impose a financial sanction in a sum less than the sums established in this Chapter, except under the provisions in subsection (b).
(b) The Minister, with the consent of the Minister of Justice, may designate instances, circumstances and considerations, due to which it shall be possible to reduce the sum of the financial sanction which is established in Section 34, in the rates he shall determine.
Updated sum of the financial sanction
40. (a) The financial sanction shall be in accordance with its updated sum on the date of delivery of the demand for payment, and regarding a violator who did not present his arguments before the Administrator as stated in Section 36 – on the day of delivery of the notice of intention to charge;
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where an appeal was submitted on the demand for payment and the payment of the financial sanction was delayed under Section 43(c), the sum of the financial sanction shall be in accordance with its updated sum on the day of decision on the appeal.
(b) The sum of the financial sanction as stated in Section 34, shall be updated on the 1st of January of each year (in this subsection – date of update), in accordance with the rate of increase of the index known on the date of update compared with the index which was known on the date of update in the preceding year, and regarding the first date of update – compared with the index which was known on the date of the commencement of this Law; the stated sum shall be rounded to the nearest sum that is a multiple of 10 New Shekels; regarding this matter, "index" – the Consumer Price Index published by the Central Bureau of Statistics.
(c) The Administrator shall publish in the Official Gazette (Reshumot) a notice regarding the updated financial sanction under subsection (b).
Date of payment of the financial sanction
41. The financial sanction shall be paid within 30 days of the date of delivery of the demand for payment as stated in Section 37.
Linkage differentials and interest
42. If a financial sanction was not paid on time, linkage differentials and interest as defined in the Adjudication of Interest and Linkage Law, 5721 ‐ 196115 (in this Chapter – linkage differentials and interest), shall be accrued to it for the period of arrears until its payment.
Appeal to the Magistrates Court
43. (a) A demand for payment can be appealed to the Magistrates Court, within 30 days of the date of delivery of the demand to the violator.
(b) Filing an appeal under this Section, shall not delay payment of the financial sanction unless agreed by the Administrator or otherwise ordered by the Court.
(c) Where the Court decides to accept an appeal which was submitted under this Section, after the financial sanction was paid under the provisions of this Chapter, the financial sanction or any part thereof which was reduced by the Court shall be refunded, with the addition of linkage differentials and interest from the date of its payment until the date of its refund.
Publication regarding imposition of a financial sanction
44. (a) Where a financial sanction is imposed under the provisions of this Chapter, the Administrator shall publish on the Ministry's website details as hereinafter established, in a manner that assures transparency regarding his discretion in deciding to impose the financial sanction:
(1) The fact that the financial sanction was imposed and its sum, the nature of the violation due to which it was
15 Codex 5721, p. 192.
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imposed and its circumstances, the reduction rate of the financial sanction – if reduced under the provisions of Section 39 and the circumstances due to which it was reduced as stated;
(2) Details regarding the violator's occupation and the name of the business;
(3) The name of the violator, except in the case of an individual, but the Administrator may publish the name of a violator who is an individual if convinced that this is necessary for the purpose of warning the public, and the financial sanction was imposed due to a violation which is connected with providing service to the public by the violator.
(b) The provisions of Section 9 to the Freedom of Information Law, 5758 ‐ 199816, shall apply regarding publication under this Section, mutatis mutandis.
(c) Publication as stated in subsection (a) in relation to a financial sanction imposed on a corporation shall be for a period of four years, and in relation to a financial sanction imposed on an individual – two and a half years.
(d) Where a financial sanction is imposed under the provisions of this Chapter and an appeal was submitted, the Administrator shall publish the fact of submission of the appeal and its outcomes.
(e) The Minister may establish additional means for publication of the details stated in paragraphs (1) to (3) in subsection (a).
Saving of criminal liability
45. (a) Payment of a financial sanction shall not derogate from criminal liability for violating a provision under this Law, as stated in Section 31.
(b) Where an indictment is submitted against a violator for a violation of a provision under this Law, as stated in Section 31, the Administrator shall not initiate proceedings against him under this Chapter, and if the violator paid a financial sanction – the sum of the financial sanction paid shall be refunded to him, with the addition of linkage differentials and interest from the date of its payment to the date of its refund.
Chapter I: Miscellaneous Provisions
Fees 46. The Minister, with the consent of the Minister of Finance and with the approval of the Knesset Economics Committee may set a fee for submitting an application for exemption from the duty of contracting with an accredited body under Section 9(e) and for an application for accreditation of an accredited body under Section 13, as well as an annual fee to be paid by a producer, importer and accredited body for the actions of the Administrator for the purpose of implementing the provisions under this Law.
16 Codex 5758, p. 226.
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Appointing the Administrator
47. The Minister shall appoint, from amongst the employees of his Ministry, an Administrator who shall be responsible for the field of packaging in the Ministry, whose duties shall be in accordance with the provisions of this Law.
Designation of funds for the Maintenance of Cleanliness Fund
48. Any levy, fine and financial sanction imposed under this Law shall be paid to the Maintenance of Cleanliness Fund.
49. (a) The Tax Ordinance (Collection)17 shall apply to the collection of any fine, levy or financial sanction under this Law.
(b) A fine or financial sanction imposed on an accredited body under this Law and not paid (in this Section – debt), may be collected from any producer and importer who contracted with the accredited body by means of a contractual agreement at the time of committing the deed constituting the offense or the violation due to which they were imposed; the sum to be collected from each producer and importer under this subsection shall be twice the sum equal to his share in the debt in accordance with his relative share in the total weight of the packaging waste which was produced or imported by all of the producers and importers who contracted with the same accredited body.
Restriction of application
50. This Law shall not apply regarding ‐
(1) A beverage container as defined in the Deposit for Beverage Containers Law, 5729 ‐ 199918;
(2) Packaging of a product which is a hazardous substance, including radioactive material and cytotoxic material, unless intended for domestic use;
(3) Packaging of explosive material as defined in the Explosive Materials Law, 5714 ‐ 195419;
(4) Packaging regarding which the Prime Minister or the Minister of Defense, as applicable, with the consent of the Minister, established, by an order, that the provisions of this Law, in whole or in part, shall not apply for reasons of harm to the state's security or its foreign relations; such an order does not require publication in the Official Gazette (Reshumot).
(a) This Law shall apply to the State. Application to the state
51.
(b) Notwithstanding the provisions of subsection (a), the Minister, with the consent of the Prime Minister, the Minister of the Defense or the Minister of Public Security, as applicable, shall establish procedures for implementing the powers of an
17 Laws of the Land of Israel, Volume B, p. (H) 1374, (E) 1399. 18 Codex 5729, p. 170. 19 Codex 5714, p. 64.
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inspector under Chapter F towards the defense system, in whole or in part; where the Minister established such procedures, an inspector shall implement his powers as stated towards the defense system under these procedures; initial procedures under this subsection shall be established within 90 days from the date of the commencement of this Law, and in the absence of consent among the Ministers – by the Prime Minister, within 30 days from the end of such period; the provisions of this subsection shall apply until the end of three years from the date of commencement of this Law.
(c) An inspector shall not make use of his authorities towards the defense system under Chapter F, until his security suitability is established as defined in Section 15 of the General Security Service Law, 5762 ‐ 200220 (in this Section – appropriate security suitability).
(d) Applications, documents and any other information which the defense system must deliver to the Administrator under the provisions of this Law (in this Section – information), and which are classified, shall only be delivered to an Administrator who has the appropriate security suitability, and if he did not have such suitability – to the Director General of the Ministry, provided that he has appropriate security suitability.
(e) A person shall not publish information whose publication can damage the state security.
Prohibition to disclose information
52. (a) The Administrator or someone on his behalf shall not disclose reports or information as stated in Sections 7(a)(1) and 18(a)(1) and (2), (b)(2) and (c) unless one of the following was fulfilled:
(1) Disclosure of the information is required for purpose of implementing the provisions of this Law;
(2) Disclosure of the information is to a public body that requires the information for the purpose of implementing its duties under any law.
(b) An accredited body or a party on its behalf shall not disclose and shall not make any use of the reports or information that reache it from a producer or importer under this Law, unless one of the following was fulfilled:
(1) Disclosure of the information or its use are required for the purpose of implementing the provisions of this Law;
(2) Disclosure of the information is to a public body that requires the information for the purpose of implementing its duties under any law.
(c) Regarding this Section, "public body" – government ministries and other state institutions.
Saving of laws 53. The provisions of this Law are intended to add to and not derogate from the provisions of any other law, excluding the provisions of Section 7 of the Collection and Removal of Waste
20 Codex 5762, p. 179.
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for Recycling Law, 5753 ‐ 199321.
Implementation and regulations
54. The Minister is charged with the implementation of the provisions of this Law and he may make regulations on any matter that relates to its implementation, and inter alia, on the following matters:
(1) With the consent of the Ministry of Finance and with the approval of the Knesset Economics Committee – increasing the rates of the recycling targets and changing the maximal rate of approved recovery which shall be considered as approved recycling under the provisions of Section 6(a) to (d);
(2) Conditions for recognizing export of packaging waste for purposes of recycling or recovery as approved recycling, under the provisions of Section 6(h);
(3) With the approval of the Knesset Economics Committee, modification, by an order, of the following:
(a) The negligible weight of packaging regarding which a producer or importer shall be exempted from the provisions of Chapter C, as stated in Section 10;
(b) The rate of scope of the services regarding accreditation as stated in Section 12(a)(4).
Reporting to the Knesset
55. The Minister shall report to the Knesset Economics Committee, once a year, on the implementation of the provisions of this Law, including on the recycling and recovery targets achieved in the year preceding the date of the report; such report shall be published on the Ministry's website. In the Maintenance of Cleanliness Law, 5744 ‐ 198422 (in this Chapter – the Maintenance of Cleanliness Law) ‐
Amendment of the Maintenance of Cleanliness Law – No. 17
56.
(1) In Section 10(e), instead of "from levy under Section 11, levy" shall come "from levy";
(2) Section 11 – annulled; (3) In Section 13(a), paragraph (4) – shall be deleted; (4) In Section 19, instead of "10, 11" shall come "10".
In the Courts for Administrative Matters Law, 5770 ‐ 200023, in the First Supplement, in Detail 23, the following shall come after paragraph (6):
Amendment of the Courts for Administrative Matters Law – No. 52
57.
"(7) The decision of the Administrator under the Packaging Management Law, 5771 ‐ 201124".
21 Codex 5751, p. 116. 22 Codex 5744, p. 142; 5770, p. 425. 23 Codex 5770, p. 190; 5771, p. 49 24 Codex 5771, p. 278.
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In the Local Authorities Law (Environmental Enforcement – Authorities of Inspectors), 5768 ‐ 200825, in the Supplement, after Detail 17 shall come:
Amendment of the Local Authorities Law (Environmental Enforcement – Authorities of Inspectors) – No. 3
58.
"18. Offenses under Section 31(a)(1) or (2), (b)(2) and (c)(2) to the Packaging Management Law, 5771 – 201124, as well as offenses under Section 32 of the said Law regarding said offenses." In the Deposit for Beverage Containers Law, 5729 – 1999 (Amendment No. 4), 5770 ‐ 201026 ‐
(1) In Section 8, in Section 7H therein, anywhere, instead of "50 percent" shall come "55 percent";
Amendment of the Deposit for Beverage Containers Law – (Amendment No. 4)
59.
(2) In Section 23(d), instead of "on 19 Tevet 5784 (January 1st 2014)" shall come "20 Tevet 5776 (January 1st 2016).
Commencement 60. (a) Subject to the provisions of subsections (b) to (d), the commencement of this Law is on 25 Adar A, 5771 (March 1st 2011).
(b) The commencement of Sections 12 to 14 on the day of publication of this Law.
(c) The commencement of these Sections on 29 Sivan 5771 (July 1st 2011):
(1) Sections 6 and 7(a)(2) and (3), and Section 8 regarding records of the matters included in the reporting duty under Section 7(a)(2) and (3);
(2) Sections 9, 23(b)(2), 31(b)(5) and (11), and 34(a)(1) and (b) regarding the duty to contract with an accredited body;
(3) Sections 23(c), 25(b), 26, 31(a)(2) and 34(a)(5) regarding collection and removal of packaging waste.
(d) The commencement of Section 20 on 10 Tevet 5775 (January 1st 2015).
Transitional provisions
61. Duties which applied to producers and importers of beverage containers, under Section 11 of the Maintenance of Cleanliness Law in its version prior to its revocation in this Law, shall continue to apply regarding beverage containers which were sold prior to the commencement of this Law.
25 Codex 5768, p. 534, 5769, p. 146. 26 Codex 5770, p. 330.