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Packaging Treatment Regulation Law, 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
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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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Despite these checks, it may contain errors, omissions, or imprecise renderings of legal terminology and cross-references, and it may not yet reflect the latest amendments. It cannot be relied upon as a legal text.

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.

This translation is provided for informational purposes only and does not constitute legal advice. For use in legal proceedings, request a certified Expert Legal Opinion.

Chapter I: Purpose and Definitions

Purpose§

1.

The purpose of this Law is to establish arrangements regarding the manufacture of packaging and the treatment of packaging waste, designed to reduce the quantity of packaging waste, to prevent its landfilling and to encourage the reuse of packaging, in order to diminish the negative environmental impact of packaging and packaging waste, including —

(1)empowering the Minister to establish arrangements regarding source reduction measures that manufacturers of packaging are required to implement;
(2)imposing extended responsibility on manufacturers of packaged products, on manufacturers of service packaging and on importers of such products and packaging, with regard to the marking of packaging and the performance of recognised recycling of the packaging waste arising therefrom, including the setting of binding recycling targets for such recycling, and the regulation of recognised bodies that will act on behalf of the said manufacturers and importers;
(3)imposing responsibility on persons responsible for waste removal to establish arrangements regarding the separation of packaging waste and regarding the collection and removal of packaging waste, and establishing a prohibition on the littering of packaging waste and on the collection or removal of packaging waste otherwise than in accordance with the said arrangements;
(4)establishing a prohibition on the landfilling of packaging waste.

Definitions§

2.

In this Law —

"person responsible for waste removal" means a local authority, and any person who is obligated under any law, other than an obligation by virtue of a by-law, to collect and remove waste from an area in his ownership or possession;

"source reduction measures" means measures to be taken during the stages of manufacture of packaging, designed to reduce any of the following:

(1)the quantity of packaging waste, including by adapting the materials from which the packaging is made for reuse;
(2)the negative — environmental and health — effects of packaging waste, including adapting the materials from which the packaging is made for recycling or recovery;
(3)the content of hazardous materials in the packaging;

"packaging" means an object and any material whatsoever that serves or is intended to serve as a wrapper or receptacle for a product, or that serves or is intended to serve for carrying, displaying or protecting a product, and in respect of which the following conditions are fulfilled:

(1)it does not constitute an integral part of the product and is not essential for the purpose of using the product;
(2)it is one of the following:
(a)sales packaging — packaging intended for the purpose of sale to a final user or to a consumer, at a point of sale;
(b)grouped packaging — packaging intended to consolidate at a point of sale several products for sale, which can be separated from the products without affecting the properties of each product or its sales packaging, whether the products are sold at the point of sale to a final user or to a consumer together with the grouped packaging or whether it serves to replenish the stock of products at the point of sale;
(c)transport packaging — packaging intended to enable the carrying or transport of several products for sale or of grouped packaging, as an alternative to their manual handling and in order to prevent damage resulting from their transport, all except containers intended for transport by land, air or sea;

"single-use packaging" means packaging that is not multi-use packaging;

"multi-use packaging" means packaging intended for reuse by a manufacturer or importer;

"service packaging" means packaging intended for sale or marketing in Israel, the use of which for packaging the product takes place other than at the time of manufacture;

"recognised body" means a company recognised by the Administrator pursuant to the provisions of section 12;

"arrears fees" and "shekel interest" — as defined in the Interest and Linkage Law;

"recognition" means recognition of a company as a recognised body pursuant to the provisions of Section A of Chapter IV;

"separation, collection and removal arrangements" means an arrangement for the separation of packaging waste and an arrangement for the collection and removal of separated packaging waste, established pursuant to section 23;

"recovery" means the extraction of energy from packaging waste or a processing operation on packaging waste to produce a material used for the extraction of energy;

"recognised recovery" means recovery at a recovery plant licensed under any law;

"hazardous material" — as defined in the Hazardous Substances Law, 5753-1993;

"Companies Law" means the Companies Law, 5759-1999;

"Interest and Linkage Law" means the Interest and Linkage Law, 5721-1961;

"importer" means an importer of service packaging or an importer of packaged products;

"importer of service packaging" means a person who imports service packaging;

"importer of packaged products" means a person who imports packaged products;

"recycling targets" means recycling targets by type of material and an overall recycling target, as the terms are used in section 6;

"manufacturer" means a manufacturer of service packaging or a manufacturer of packaged products;

"manufacturer of service packaging" means a person who manufactures service packaging;

"manufacturer of packaged products" means a person who manufactures, by himself or through another, packaged products;

"packaged product" means a product packed in packaging that is not service packaging, intended for sale, marketing or the manufacture of another product in Israel;

"recycling" means a processing operation on packaging waste to produce products, materials or raw materials, for the purpose for which the packaging was originally intended or for another purpose, including organic material recycling, but excluding recovery;

"recognised recycling" means recycling at a recycling plant licensed under any law;

"sale" includes transfer to a final user, for consideration or without consideration;

"the Administrator" means the person appointed as responsible for the area of packaging in the Ministry, pursuant to section 47;

"the defence establishment" means any of the following:

(1)the Ministry of Defence and units attached to the Ministry of Defence;
(2)the Israel Defence Forces;
(3)the General Security Service and the Institute for Intelligence and Special Operations;
(4)the nuclear research centres under the responsibility of the Atomic Energy Commission and the Biological Institute;
(5)suppliers and plants that develop or manufacture defence equipment for a body listed in paragraphs (1) to (4), of which the Minister of Defence has notified the Administrator; for this purpose, "defence equipment" — as defined in the Defence Corporations (Protection of Defence Interests) Law, 5766-2006;
(6)the Israel Police and the Israel Prison Service;

"the Ministry" means the Ministry of Environmental Protection;

"packaging waste" means packaging after its use for the purpose for which it was originally intended, and in the case of multi-use packaging — after the end of its reuse;

"the Fund for the Maintenance of Cleanliness" means the Fund for the Maintenance of Cleanliness established pursuant to section 10 of the Maintenance of Cleanliness Law, 5744-1984;

"local authority" means a municipality, local council or municipal association among whose functions is the collection and removal of waste;

"reuse" means further use of packaging for the purpose for which it was originally intended;

"the Minister" means the Minister of Environmental Protection.

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Chapter II: Adoption of Source Reduction Measures

Provisions regarding Source Reduction Measures§

3.

The Minister, after consultation with the Minister of Industry, Trade and Employment and with the approval of the Interior and Environmental Protection Committee of the Knesset, may establish provisions regarding source reduction measures.

Manufacture of Packaging in Accordance with Source Reduction Measures§

4.

Where the Minister has established provisions pursuant to section 3, no person shall manufacture packaging except in accordance with those provisions, unless the packaging is intended for export.

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Chapter III: Obligations of Manufacturers and Importers of Packaged Products or of Service Packaging

Obligation to Mark Packaging§

5.
(a)The Minister, with the approval of the Interior and Environmental Protection Committee of the Knesset, may establish provisions regarding the marking of packaging, including the manner of marking, its content, size and location.
(b)Where the Minister has established provisions pursuant to subsection (a) —
(1)no manufacturer shall manufacture and no importer shall market a packaged product or service packaging, unless they have been marked in accordance with those provisions;
(2)no person whose business is the sale of packaging, packaged products or products sold in service packaging shall sell a packaged product or a product in service packaging, unless they have been marked in accordance with those provisions.

Obligation to Recycle Packaging Waste§

6.
(a)A manufacturer and an importer shall perform recognised recycling of the packaging waste of the packaged products or of the service packaging, as the case may be, that they manufactured or imported as aforesaid, at the following rates, at minimum, in accordance with the type of packaging material, out of the total weight of the single-use packaging of products of the same type of material sold by the manufacturer or importer in that year (in this Chapter — recycling targets by type of material):
(1)glass, paper or cardboard — 60 per cent;
(2)metal — 50 per cent;
(3)plastic — 22.5 per cent;
(4)wood — 15 per cent.
(b)The total packaging waste recycled by a manufacturer or importer pursuant to the provisions of subsection (a) shall not be less than 60 per cent of the total weight of the single-use packaging of all the products sold by the manufacturer or importer in that year (in this Chapter — overall recycling target).
(c)Notwithstanding the provisions of subsections (a) and (b), during the period from the 29th day of Sivan 5771 (1 July 2011) until the 9th day of Tevet 5775 (31 December 2014), the recycling targets by type of material and the overall recycling target shall be as set out below:
(1)during the period from the 29th day of Sivan 5771 (1 July 2011) until the 5th day of Tevet 5772 (31 December 2011) — the recycling targets by type of material shall be as set out below, provided that the rate of the overall recycling target shall not be less than 30 per cent:
(a)glass, paper or cardboard — 30 per cent;
(b)metal — 20 per cent;
(c)plastic — 15 per cent;
(d)wood — 15 per cent;
(2)in 2012 — the recycling targets by type of material shall be as set out below, provided that the rate of the overall recycling target shall not be less than 40 per cent:
(a)glass, paper or cardboard — 40 per cent;
(b)metal — 30 per cent;
(c)plastic — 22.5 per cent;
(d)wood — 15 per cent;
(3)in 2013 — the recycling targets by type of material shall be as set out below, provided that the rate of the overall recycling target shall not be less than 50 per cent:
(a)glass, paper or cardboard — 50 per cent;
(b)metal — 40 per cent;
(c)plastic — 22.5 per cent;
(d)wood — 15 per cent;
(4)in 2014 — the recycling targets by type of material shall be as set out below, provided that the rate of the overall recycling target shall not be less than 55 per cent:
(a)glass, paper or cardboard — 55 per cent;
(b)metal — 45 per cent;
(c)plastic — 22.5 per cent;
(d)wood — 15 per cent.
(d)Where a manufacturer or importer has performed recognised recovery of packaging waste, the rate of packaging waste in respect of which the recovery was performed as aforesaid shall be deemed to have had recognised recycling performed in respect of it pursuant to subsections (b) and (c), for the purpose of the overall recycling target, up to a rate of 10 per cent of the total weight of the single-use packaging of all the products sold by the manufacturer or importer in that year.
(e)
(1)Where a manufacturer or importer has exported, in accordance with the provisions of any law, packaging waste for the purposes of recycling or recovery, the Administrator may recognise the weight of such packaging waste, in whole or in part, as packaging waste in respect of which recognised recycling has been performed pursuant to subsections (a) to (c), up to a rate of 20 per cent of the recycling targets by type of material, for each type of material;
(2)Where the Administrator is satisfied, in special circumstances, that there are no reasonable recycling or recovery alternatives in Israel and that reasonable efforts have been made to create such alternatives, he may recognise the export of packaging waste beyond the rate referred to in paragraph (1).

Obligation of Manufacturer and Importer to Report to the Administrator§

7.
(a)A manufacturer and an importer shall report to the Administrator, twice a year (in this section — semi-annual 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 sold by them and their weight, the types of material from which the packaging of the packaged products or the service packaging as aforesaid is made, their capacity, their weight and whether they are single-use or multi-use packaging, and in respect of the packaging of packaged products — also whether they are sales packaging, grouped packaging or transport packaging;
(2)the weight of packaging waste of the packaged products or of the service packaging collected by them, by themselves or through another, as well as the details of persons responsible for waste removal or another party from whom it was collected, and the types of material from which the packaging waste as aforesaid is made;
(3)the weight of packaging waste of the packaged products or of the service packaging sold by them that was recycled or recovered by them, as well as the manner of its recycling or recovery and the details of the recycling or recovery plant, and the types of material from which the packaging waste as aforesaid is made.
(b)A semi-annual report shall be submitted to the Administrator within two months of the end of the period in respect of which the report is submitted, in the format directed by the Administrator.
(c)An annual report shall be submitted to the Administrator no later than six months after the end of each financial year, audited by an auditor, in the format directed by the Administrator.
(d)The Administrator or a person authorised by him for that purpose may require a manufacturer or importer to furnish him with any information that served in the preparation of the report pursuant to this section and any information in his possession that served in the preparation of a report pursuant to section 18 by a recognised body with which the manufacturer or importer has contracted in accordance with the provisions of section 9; where a manufacturer or importer is required to furnish information as aforesaid, the manufacturer or importer shall furnish it at the time and in the manner specified in the requirement.
(e)Where a manufacturer or importer has not submitted a semi-annual report or an annual report, or has submitted such a report but the Administrator has reasonable grounds to believe that the report is incorrect, the Administrator may, after affording the manufacturer or importer an opportunity to present his arguments, determine by a reasoned decision the rates of packaging waste in respect of which the manufacturer or importer performed recognised recycling or recognised recovery 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.
(g)In this section, "types of material" means the types referred to in section 6.

Obligation of Manufacturer and Importer to Maintain Records§

8.
(a)A manufacturer and an importer shall maintain full and detailed records of the matters included in the reporting obligation pursuant to section 7.
(b)The Administrator or a person authorised by him for that purpose may inspect the records referred to in this section and obtain a true copy thereof.

Obligation to Contract with a Recognised Body§

9.
(a)For the purpose of fulfilling the obligations of manufacturers or importers under this Chapter, except for the obligation to mark packaging pursuant to section 5, a manufacturer and an importer are required to enter into a contract with a recognised body; where a manufacturer or importer has contracted with a recognised body, the recognised body shall be responsible for fulfilling the obligations of the manufacturer or importer as aforesaid, for as long as the contract remains in force.
(b)A manufacturer and an importer shall be responsible for financing all the costs of the recognised body with which they have contracted in accordance with the provisions of subsection (a), on equal terms, taking into account, inter alia, their share of the weight and type of material and the recyclability of the packaging manufactured or imported by all the manufacturers and importers who have contracted with that recognised body.
(c)Without prejudice to the provisions of the latter part of subsection (a), a manufacturer or importer who has contracted with a recognised body shall maintain full and detailed records of the information referred to in section 7(a)(1), and the Administrator or a person authorised by him for that purpose shall be entitled to inspect such records and to obtain a true copy thereof.
(d)Where a manufacturer or importer finds that a recognised body with which he has contracted in accordance with the provisions of subsection (a) is not fulfilling the obligations of manufacturers or importers as referred to in that subsection, in whole or in part, or believes that there is a concern that the recognised body will not fulfil those obligations, the manufacturer or importer shall take all reasonable measures available to him to ensure the fulfilment of those obligations by the recognised body.
(e)The Administrator may exempt a manufacturer or importer from the obligations under this section, if satisfied that the manufacturer or importer is able to fulfil his obligations under this Chapter other than through a recognised body, on terms to be set out in the exemption direction; the Administrator may establish a format for the submission of an application for an exemption as aforesaid, and may direct that an applicant for an exemption be regarded as an applicant for recognition pursuant to section 13, with the necessary modifications.

Exemption for Minimum Packaging Weight§

10.

The provisions under this Chapter shall not apply to a manufacturer or importer whose annual weight of packaging of the packaged products or of the service packaging sold by him does not exceed 1,000 kilograms; the manufacturer or importer shall give the Administrator notice that the said condition is met in respect of him, provided however that he may notify the Administrator that he requests that the provisions under this Chapter apply to him.

Levy on Exempt Manufacturers or Importers§

11.

The Minister, with the consent of the Minister of Finance, may establish a levy to be imposed on a manufacturer or importer who is exempt from the provisions under this Chapter in accordance with the provisions pursuant to section 10, and may establish different levy rates for types of packaging of packaged products, for types of service packaging or for types of material from which the packaging is made, as well as, inter alia, provisions regarding the linkage of the levy, the manner of its payment, the methods of its collection and reports that a manufacturer or importer is required to submit in respect of the levy; the setting of the levy rate and its linkage require the approval of the Interior and Environmental Protection Committee of the Knesset.

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