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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 IV: Recognised Body
Section A: Recognition
Recognition of a company as a recognised body§
12.
(a)The Administrator 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 met:
(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 performance of the actions required for that purpose;
(3)if it was incorporated for profit-making purposes — its articles 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 date of commencement of this Law, the Administrator 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 satisfaction of the Administrator, under which, close to 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 percent 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 percent of the said total (hereinafter — the service scope rate 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 the packaged products or from the 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 shareholders' equity, to the satisfaction of the Administrator, and has furnished securities to ensure compliance with the purpose referred to in paragraph (2);
(7)the chief executive officer of the company and a controlling shareholder therein 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 determined by the Minister.
(b)The Administrator may refuse to grant recognition to an applicant, stating reasons to be communicated to the applicant and after having given the applicant an opportunity to state arguments, even if the conditions set out in subsection (a) are met in respect of the applicant, if the Administrator finds that there are circumstances by reason of which the applicant is not fit to receive recognition, or if the Administrator is satisfied that there is a substantial concern that granting recognition to the applicant will 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 connected 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 of each 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 of each 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 Administrator 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 service scope rate for the purposes of recognition is lower than the rate referred to in subsection (a)(4), if the Administrator is satisfied that exceptional circumstances exist by reason of which it is appropriate that the company be responsible for the fulfilment of the obligations of manufacturers or importers as aforesaid with regard to packaging waste of a particular type or particular types only; recognition as aforesaid shall be given 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 compliance by the recognised body with the purpose referred to in subsection (a)(2), the Administrator may prescribe in the recognition conditions to be fulfilled during the whole or part of the period of validity of the recognition, including conditions relating to public awareness activities for the promotion of the purposes of the Law, and may amend such conditions, after having given the recognised body an opportunity to state 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 Administrator.
(g)The Administrator shall publish in Reshumot (Official Gazette) and on the website of the Ministry 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 seeking to obtain recognition shall submit to the Administrator an application containing the following documents and particulars:
(1)the incorporation documents of the company;
(2)a business plan and a budget plan for the recognition period, including planned arrangements regarding the marking of packaging;
(3)a planned geographical spread of its activity during the recognition period;
(4)a specimen contract for engagement between the applicant and a manufacturer or importer;
(5)a specimen contract for engagement between the applicant and a person responsible for waste removal;
(6)additional particulars and information as determined by the Minister.
(b)The Administrator may require an applicant for recognition to furnish additional particulars and documents as the Administrator sees fit, for the purpose of examining the application.
(c)The Administrator's decision on an application under this section shall be given within three months of the date on which the Administrator received the application documents, including the particulars or documents required under subsection (b).
Revocation of recognition§
14.
(a)The Administrator, with the approval of the Director General of the Ministry, may revoke a recognition, after having given the recognised body an opportunity to state arguments, upon the occurrence of one of the following:
(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 fulfilled by the recognised body;
(3)the recognised body has breached a condition of the recognition or a provision of the provisions 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 any of the foregoing has been filed, or it has resolved to wind itself up voluntarily.
(b)Where the Administrator has revoked a recognition, the Administrator may give directions to the company whose recognition has been revoked and to any manufacturer or importer who was party to an engagement contract 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 date and manner in which such manufacturers and importers are required to perform the actions necessary for that purpose.
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Contact Us →Section B: Obligations of a Recognised Body
Performance of actions for the fulfilment of obligations of manufacturers or importers§
15.
(a)A recognised body shall perform all the 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 enter into contracts with manufacturers and importers and obligation to report to them§
16.
(a)A recognised body shall enter into an engagement contract with every manufacturer or importer who approaches it for the purpose of fulfilling obligations that are consistent with the recognition conditions of that recognised body, on equal terms; the engagement shall be made in accordance with the specimen contract approved by the Administrator 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 Administrator, to every manufacturer and importer with whom it has entered into a contract, on the actions it has performed for the purpose of fulfilling their obligations, including the recycling rate of packaging waste that it has carried out during the reporting period, out of the recycling targets under section 6.
Obligation to enter into contracts with persons responsible for waste removal and performance of 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 financing all the costs required for the treatment of packaging waste that has been separated and collected within the area of each person responsible for waste removal with whom it has entered into a contract, except for packaging waste collected from a business under section 26, including the financing 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 financing 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 to enter into an engagement contract with it, regarding the separation of packaging waste and the collection and removal of packaging waste within the person's area, on equal terms; the engagement contract shall be worded in a manner consistent with the specimen contract approved by the Administrator in the recognition and in accordance with the conditions prescribed therein.
(d)A recognised body shall enter into an engagement contract as referred to in subsection (c) with every person responsible for waste removal who approaches it, regarding the separation of packaging waste and the collection and removal of packaging waste within that person's area, that are consistent with the recognition conditions of that recognised body.
(e)A recognised body shall be responsible for the implementation of an arrangement for the collection and removal of packaging waste within the areas of all the persons responsible for waste removal with whom it has entered into a contract, in accordance with the terms of engagement and the conditions of recognition; such collection and removal shall be carried out on equal terms, at a frequency and in a manner that ensure regular and publicly available 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 Administrator may give directions regarding 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, as well as regarding the removal of packaging waste from a business under section 26, including the setting of standards for collection and removal; the Administrator's directions under this section shall be published in Reshumot (Official Gazette).
(g)The Administrator, with the approval of the Director General of the Ministry, may exempt a recognised body that has received recognition under the provisions of section 12(c) from the provisions under this section, in whole or in part, if satisfied that even after granting such exemption, the collection and removal of packaging waste will be carried out on a nationwide scale.
Obligation of a recognised body to report to the Administrator§
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 an engagement contract 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 so connected;
(3)the persons responsible for waste removal with whom it is party to an engagement contract 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 from the packaged products or from the service packaging that it has collected, recycled or recovered.
(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 after 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 preceding year.
(c)A recognised body shall report to the Administrator at the end of each year, no later than two months after 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 any information that served for the preparation of a report under this section; where a recognised body is required to furnish such information, it shall furnish it at the time and in the manner specified in the demand.
(e)Where a recognised body has not submitted a semi-annual report or an annual report, or where it 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 arguments, determine by a reasoned decision the rates of packaging waste in respect of which recognised recycling or recognised recovery 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 of January to June or July to December of each year.
Obligation of a recognised body to maintain records§
19.
(a)A recognised body shall maintain a full and detailed record of the matters included in the reporting obligation under section 18.
(b)The Administrator or a person authorised by the Administrator for that purpose may inspect the records referred to in this section and obtain a true copy thereof.
Determination of a reduced weight of packaging waste due to 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 regarding the collection and removal of packaging waste from the person's area under section 34(b), the Administrator 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 Administrator shall determine the proportionate 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 party to an engagement contract 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 Administrator under section 18, except for the particulars referred to in subsection (a)(2) thereof.
(d)Where 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 connected with it as referred to in section 9 and in the engagement contract, or other obligations imposed on it under any law, or that there is a concern that it will not fulfil such obligations, it may demand the convening of a special meeting of the board of directors of the recognised body, within a period to be determined by it which 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 Administrator and the decision of the board of directors shall be brought to the attention of the assembly of manufacturers and importers and of the Administrator.
(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 for a distribution if it is of the opinion that there is a substantial concern that carrying out the distribution will impair the ability of the recognised body to fulfil the obligations of the manufacturers and importers as referred to in section 9 and in the engagement contract when they fall due;
(2)A decision of the assembly of manufacturers and importers regarding a distribution may be appealed to a 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 determined under subsection (h); a recognised body shall bring to the attention of the Administrator the decisions adopted at the assembly of manufacturers and importers.
(h)The Minister may prescribe provisions regarding this section, including regarding the procedures for convening, deliberating and conducting business of 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 proxy forms.
(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 party to an engagement contract 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 party to an engagement contract 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 Administrator§
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 delivered to the Administrator, who may send to any such meeting a representative on the Administrator's behalf, who shall be entitled to participate in the meeting but shall have no voting right thereat.
(b)The representative referred to in subsection (a) shall be entitled to demand the convening of a meeting of the board of directors, a board of directors committee or an assembly of manufacturers and importers, and to request the inclusion of a matter on the agenda of the meeting, as well as to inspect the documents, records and assets of the recognised body, and to obtain copies under sections 98(b)(2) and (d), 99(3) and 265 of the Companies Law, 5759-1999, mutatis mutandis.
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