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Law for the Regulation of the Treatment of Packaging, 5771-2011
חוק להסדרת הטיפול באריזות, תשע"א-2011
Published: 2011-01-31Consolidated Hebrew text as of 2026-09-03 · Last amended 2023-11-19✓ Amendment status checked against the Knesset legislation record on 2026-09-29
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Unofficial English translation — for reference only. It may contain errors or omissions and cannot be relied on as a legal text. Only the Hebrew text published in Reshumot is legally binding.More
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The Hebrew text as published in Reshumot (ספר החוקים) and on the Knesset website is the sole authoritative and legally binding version. In any discrepancy, the Hebrew text prevails.
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Chapter IV: Recognised Body
Section A: Recognition
Recognition of a company as a recognised body§
12.
(a)The Director may recognise a company as the body responsible for the fulfilment of the obligations of manufacturers or importers under this Law who enter into a contract with it, if all of the following conditions are satisfied:
(1)it is a company as defined in the Companies Law, 5759-1999;
(2)its sole purpose is the fulfilment of the obligations of manufacturers or importers under this Law and the carrying out of the actions required for that purpose;
(3)if it was incorporated for profit-making purposes — its articles of association restrict the possibility of distributing profits if it has not met the recycling targets of the manufacturers or importers whose obligations it is responsible for performing, or if the provisions of section 21(f)(1) have not been complied with; notwithstanding the provisions of this paragraph, during a period of three years from the commencement date of this Law, the Director may recognise only a public benefit company as defined in the Companies Law, 5759-1999; the Minister may, by Order, shorten the said period or extend it by periods of one year at a time, provided that the total of the extension periods does not exceed two consecutive years;
(4)it has presented a business plan to the Director's satisfaction, pursuant to which, shortly after the date of recognition, it will provide services to manufacturers and importers whose packaging material weight produced or imported will not be less than 10 per cent of the total weight of packaging material produced or imported by all manufacturers and importers to whom the provisions of Chapter III of the Law apply, and within three years of the date of recognition it will provide services to manufacturers and importers whose packaging material weight produced or imported will not be less than 25 per cent of the said total (hereinafter — the rate of service scope for the purposes of recognition);
(5)it has undertaken to provide services to manufacturers and importers who enter into a contract with it, in accordance with the provisions of sections 9(a) and 16(a), in respect of all packaging waste from packaged products or from service packaging, as the case may be, produced or imported by each manufacturer or importer who enters into a contract with it as aforesaid;
(6)it has sufficient equity capital, to the Director's satisfaction, and has furnished securities to ensure its compliance with the purpose referred to in paragraph (2);
(7)the general manager of the company and a controlling shareholder thereof have not been convicted of an offence which, by reason of its nature, gravity or circumstances, renders the company unfit to be a recognised body; for this purpose, "control" — as defined in the Securities Law, 5728-1968;
(8)additional conditions as the Minister may prescribe.
(b)The Director may refuse to grant recognition to an applicant, stating reasons to the applicant and after giving the applicant an opportunity to present arguments, even if the conditions set out in subsection (a) are satisfied in respect of the applicant, if the Director has found that circumstances exist by reason of which the applicant is not fit to receive recognition, or if the Director is satisfied that there is a real concern that granting recognition to the applicant would prejudice the implementation of the purposes of this Law, having regard, inter alia, to the following:
(1)the number of recognised bodies operating in Israel;
(2)the share of manufacturers or importers associated with recognised bodies in the production or importation of the type of packaging material produced or imported by all manufacturers and importers to whom the provisions of Chapter III of the Law apply (in this subsection — the share in the production or importation of the total type of packaging material);
(3)the type of packaging that manufacturers or importers referred to in paragraph (2) produce or import;
(4)the number of manufacturers or importers who will enter into a contract with the applicant, their share in the production or importation of the total type of packaging material, or the type of packaging that they produce or import.
(c)Notwithstanding the provisions of subsection (a)(4) and (5), the Director may recognise a company as the body responsible for the fulfilment of the obligations of manufacturers or importers under this Law who enter into a contract with it, even if its rate of service scope for the purposes of recognition is lower than the rate referred to in subsection (a)(4), if the Director is satisfied that exceptional circumstances exist by reason of which it is appropriate for the company to be responsible for the fulfilment of the obligations of manufacturers or importers as aforesaid with respect to packaging waste of a particular type or particular types only; recognition as aforesaid shall be effected in a manner that does not prejudice the economic viability of the company or the attainment of the recycling targets for all packaging waste.
(d)In order to ensure the recognised body's compliance with the purpose referred to in subsection (a)(2), the Director may prescribe conditions in the recognition that are to be fulfilled during the whole or part of the period of validity of the recognition, including conditions concerning public awareness activities to promote the purposes of the Law, and the Director may amend those conditions, after giving the recognised body an opportunity to present arguments.
(e)Recognition shall be granted for a period of five years (in this Chapter — the recognition period).
(f)The articles of association of the recognised body and any amendment thereto require the approval of the Director.
(g)The Director shall publish in Reshumot (Official Gazette) and on the Ministry's website a notice of the recognition of a company as a recognised body and of the date of recognition.
Application for recognition§
13.
(a)A company applying to receive recognition shall submit to the Director an application that includes the following documents and particulars:
(1)the incorporation documents of the company;
(2)a business plan and budget plan for the recognition period, including planned arrangements concerning the labelling of packaging;
(3)a planned geographical distribution of its activity during the recognition period;
(4)a specimen contract for a contract between the applicant and a manufacturer or importer;
(5)a specimen contract for a contract between the applicant and a person responsible for waste removal;
(6)additional particulars and information as the Minister may prescribe.
(b)The Director may require an applicant for recognition to furnish additional particulars and documents as the Director sees fit, for the purpose of examining the application.
(c)The Director's decision on an application under this section shall be given within three months of the date on which the Director received the application documents, including the particulars or documents required under subsection (b).
Revocation of recognition§
14.
(a)The Director, with the approval of the Director General of the Ministry, may revoke a recognition, after giving the recognised body an opportunity to present arguments, if any one of the following applies:
(1)the recognition was granted on the basis of false or misleading information;
(2)a condition of the conditions for the grant of recognition under section 12 has ceased to be satisfied in respect of the recognised body;
(3)the recognised body has breached a condition of the recognition or a provision under this Chapter, or has breached a provision of another enactment in connection with its activity;
(4)a provisional winding-up order has been made in respect of the recognised body, or a receiver has been appointed to it, or an application for either of these has been filed, or it has resolved to wind itself up voluntarily.
(b)Where the Director has revoked a recognition, the Director may give directions to the company whose recognition has been revoked and to any manufacturer or importer who was a party to a contract of engagement with it under this Law on the eve of the revocation, for the purpose of ensuring the continued fulfilment of the obligations of the manufacturers or importers under this Law, including the time and manner in which those manufacturers and importers are to carry out the actions required for that purpose.
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Contact Us →Section B: Obligations of a Recognised Body
Carrying out actions for the fulfilment of the obligations of manufacturers or importers§
15.
(a)A recognised body shall carry out all actions required for the fulfilment of the obligations of manufacturers or importers as referred to in section 9 who have entered into a contract with it for that purpose, and shall act in accordance with the provisions under this Section.
(b)A recognised body may, for the purpose of fulfilling the obligation of manufacturers or importers under section 6, recycle or recover packaging waste from packaged products or from service packaging sold by manufacturers or importers who have not entered into a contract with it.
Obligation to contract with manufacturers and importers and obligation to report to them§
16.
(a)A recognised body shall enter into a contract of engagement with every manufacturer or importer who approaches it for the purpose of fulfilling its obligations, which conform to the conditions of recognition of that recognised body, on equal terms; the engagement shall be made in accordance with the specimen contract approved by the Director in the recognition and in accordance with the conditions prescribed therein.
(b)A recognised body shall report, at least twice a year, in the format directed by the Director, to every manufacturer and importer with whom it has contracted, on the actions it has carried out for the purpose of fulfilling their obligations, including the recycling rate of packaging waste carried out during the reporting period, out of the recycling targets under section 6.
Obligation to contract with persons responsible for waste removal and to carry out collection and removal of packaging waste§
17.
(a)Without derogating from the obligations of a recognised body under the provisions of this Law, a recognised body is responsible for funding all costs required for the treatment of packaging waste that has been separated and collected within the area of every person responsible for waste removal with whom it has contracted, other than packaging waste collected from a business premises under section 26, including the funding of —
(1)the separation of packaging waste;
(2)the collection and removal of packaging waste;
(3)the sorting of packaging waste;
(4)the recycling, recovery or disposal of packaging waste, in accordance with the provisions of any law.
(b)Where packaging waste has not been separated from other waste, a recognised body shall be responsible for funding the costs specified in subsection (a)(1) and (2) in relation to the packaging waste only.
(c)A recognised body shall offer every person responsible for waste removal a contract of engagement concerning the separation of packaging waste and the collection and removal of packaging waste within its area, on equal terms; the contract of engagement shall be drafted in a manner consistent with the specimen contract approved by the Director in the recognition and in accordance with the conditions prescribed therein.
(d)A recognised body shall enter into a contract of engagement as referred to in subsection (c) with every person responsible for waste removal who approaches it, concerning the separation of packaging waste and the collection and removal of packaging waste within its area, which conform to the conditions of recognition of that recognised body.
(e)A recognised body shall be responsible for implementing the arrangement for the collection and removal of packaging waste within the areas of all persons responsible for waste removal with whom it has contracted, in accordance with the terms of the engagement and the terms of the recognition; such collection and removal shall be carried out on an equal basis, at a frequency and in a manner that ensure regular and publicly accessible collection and removal and prevent the accumulation of packaging waste, all in accordance with the separation, collection and removal arrangements prescribed by the persons responsible for waste removal under section 23(a) and subject to any law.
(f)The Director may give directions concerning the frequency of collection and removal of packaging waste under subsection (e) and the quantities of packaging waste to be collected and removed as aforesaid, and also concerning the removal of packaging waste from a business premises under section 26, including the setting of criteria for collection and removal; the Director's directions under this section shall be published in Reshumot (Official Gazette).
(g)The Director, with the approval of the Director General of the Ministry, may exempt a recognised body that received recognition under the provisions of section 12(c) from the provisions of this section, in whole or in part, if satisfied that, even after granting the said exemption, the collection and removal of packaging waste will be carried out on a nationwide scale.
Duty of Reporting to the Administrator by a Recognised Body§
18.
(a)A recognised body shall report to the Administrator, twice a year (in this Section — a semi-annual report), within two months of the end of the period in respect of which the report is submitted, in the format directed by the Administrator, on all of the following:
(1)the manufacturers and importers with whom it is party to a contract of engagement during the period in respect of which the report is submitted;
(2)the particulars referred to in section 7(a)(1), in respect of each of the manufacturers and importers with whom it is party to a contract as aforesaid;
(3)the persons responsible for waste removal with whom it is party to a contract of engagement during the period in respect of which the report is submitted;
(4)the particulars referred to in section 7(a)(2) and (3), in respect of the packaging waste of the packaged products or of the service packaging that it has collected, recycled or returned.
(b)A recognised body shall report to the Administrator at the end of each year (in this Section — an annual report), no later than six months from the end of the year in respect of which the report is submitted, audited by an auditor, in the format directed by the Administrator, on all of the following:
(1)the matters referred to in subsection (a);
(2)the financial balance sheet of the recognised body for the past year.
(c)A recognised body shall report to the Administrator at the end of each year, no later than two months from the end of each financial year, in the format directed by the Administrator, on a budget plan and a work plan for the coming year.
(d)The Administrator or a person authorised by the Administrator for that purpose may require a recognised body to furnish to the Administrator any information that was used in the preparation of a report under this Section; where a recognised body is required to furnish information as aforesaid, it shall furnish it at the time and in the manner specified in the requirement.
(e)Where a recognised body has not submitted a semi-annual report or an annual report, or has submitted such a report but the Administrator has reasonable grounds to assume that the report is incorrect, the Administrator may, after having given the recognised body an opportunity to state its arguments, determine by a reasoned decision the rates of packaging waste in respect of which recognised recycling or recognised return was carried out during the reporting period.
(f)For the purposes of this Section, a semi-annual report shall be submitted in respect of a period of six months comprising the months January to June, or July to December, in each year.
Obligation of a recognised body to keep records§
19.
(a)A recognised body shall maintain full and detailed records of the matters included in the reporting obligation under section 18.
(b)The Director or a person authorised by the Director for this purpose may inspect the records referred to in this section and receive a true copy thereof.
Determination of reduced weight of packaging waste on account of breach of provisions by a person responsible for waste removal§
20.
(a)Without derogating from the provisions of section 18(e), where an Order has been issued under section 24(a) against a person responsible for waste removal, or a monetary sanction has been imposed on that person for failure to enter into a contract with at least one recognised body concerning the collection and removal of packaging waste from its area under section 34(b), the Director may determine, in respect of packaging waste within the area of that person responsible for waste removal, a weight to be deducted from the weight of packaging waste in respect of which a recognised body bears a recycling obligation under section 6.
(b)Where there are several recognised bodies, the Director shall determine the proportional share of the reduced weight of packaging waste referred to in subsection (a) that may be deducted for each recognised body in relation to the total weight of packaging material produced or imported by all manufacturers and importers to whom the provisions of Chapter III apply.
Assembly of manufacturers and importers§
21.
(a)A recognised body shall convene, at least once a year, an assembly of manufacturers and importers who are parties to a contract of engagement with it and are not shareholders in the recognised body (in this Chapter — the assembly of manufacturers and importers).
(b)The assembly of manufacturers and importers shall be an organ of the recognised body, and its decisions shall be binding on the recognised body in the matters specified in this section.
(c)At the assembly of manufacturers and importers, the recognised body shall present the matters reported to the Director under section 18, other than the particulars referred to in subsection (a)(2) thereof.
(d)If the assembly of manufacturers and importers finds, on the basis of reports presented before it under subsection (c), that the recognised body is not fulfilling the obligations of the manufacturers and importers who are associated with it as referred to in section 9 and in the contract of engagement, or other obligations imposed on it under any law, or that there is a concern that it will not fulfil the said obligations, the assembly may demand that a special meeting of the board of directors of the recognised body be held within a period that it shall determine and that shall not be less than seven days, at which the matters specified in the demand shall be discussed; the demand shall be brought to the attention of the Director and the decision of the board of directors shall be brought to the attention of the assembly of manufacturers and importers and the Director.
(e)In a recognised body that is not a public company, two directors who satisfy the conditions of section 240(b) of the Companies Law, 5759-1999, as if they were external directors, shall be appointed to serve on the board of directors of the recognised body, and their appointment requires the approval of the assembly of manufacturers and importers.
(f)
(1)A decision of a recognised body on a distribution requires the approval of the assembly of manufacturers and importers; the assembly of manufacturers and importers may withhold approval of a distribution if it considers that there is a real concern that carrying out the distribution will prejudice the ability of the recognised body to fulfil the obligations of the manufacturers and importers as referred to in section 9 and in the contract of engagement when they fall due;
(2)A decision of the assembly of manufacturers and importers concerning a distribution may be appealed to the District Court.
(g)Decisions of the assembly of manufacturers and importers shall be adopted by a majority of votes of the manufacturer and importer members participating in the vote, unless otherwise prescribed under subsection (h); a recognised body shall bring the decisions adopted at the assembly of manufacturers and importers to the attention of the Director.
(h)The Minister may prescribe provisions concerning this section, including concerning the procedures for convening, deliberating and conducting the assembly of manufacturers and importers, the dates of its meetings, the quorum at its meetings, the dispatch of notices to manufacturers and importers entitled to participate in its meetings and the manner of voting, including by means of voting instruments.
(i)The Minister may exempt a recognised body from the provisions of this section, in whole or in part, if the Minister finds that, under the articles of association of that recognised body, every manufacturer or importer who is a party to a contract of engagement with it may be a shareholder therein on reasonable terms in the circumstances of the matter, and that a majority of the manufacturers and importers who are parties to a contract of engagement with it are shareholders therein.
(j)In this section, "public company", "distribution" and "office holder" — as defined in the Companies Law, 5759-1999.
Representative of the Director§
22.
(a)An invitation to meetings of the board of directors of the recognised body and of board of directors committees, as well as to meetings of the assembly of manufacturers and importers, shall be given to the Director, who may send a representative on the Director's behalf to any such meeting; the representative shall be entitled to participate in the meeting but shall not have a right to vote thereat.
(b)The representative referred to in subsection (a) shall be entitled to demand that a meeting of the board of directors, a board of directors committee or an assembly of manufacturers and importers be held, to request that a matter be included on the agenda of the meeting, and also to inspect the documents, records and assets of the recognised body and to receive copies under sections 98(b)(2) and (d), 99(3) and 265 of the Companies Law, 5759-1999, with the necessary modifications.
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