Pravano · Knowledge base · Packaging / PPWR

Joining EKO-KOM late: ČIŽP fines, limitation and past periods

Methodology: Marek Galetka, founder of Pravano. English translation of our Czech article, which a person approved before publication; every number, date and legal reference of the translation is checked automatically against the original.

Cross-checked as of 5 October 2026 · based on primary sources

Updated 5 October 2026. Based on Czech Act No. 477/2001 Coll. on Packaging. An informative readiness check, not a legal service or an official audit. Original: česká verze.

A company finds out that for years it has been placing packaging on the market – packing goods, importing them or sending them to customers in boxes – without having a contract with EKO-KOM or an entry in the List of Persons at the Ministry of the Environment. Two questions arise: what the Czech Environmental Inspectorate (ČIŽP) may impose and whether payment for past periods is possible or even required. The answers in brief:

• Fine: up to CZK 10,000,000 for failing to ensure the take-back or recovery of packaging waste, up to CZK 500,000 for failing to apply for entry in the List of Persons, up to CZK 1,000,000 for breaching the records obligation (Section 45(1) of Act No. 477/2001 Coll.). In 2025, 37 decisions of the ČIŽP under the Packaging Act became final, with fines totalling CZK 1,297,000; the highest fine was CZK 230,000.
• Past periods: under EKO-KOM's terms and conditions, the contract covers packaging from the first day of the calendar quarter in which it was concluded (unless a different period is agreed in the contract). It does not cover earlier quarters, and EKO-KOM's public documents do not regulate any back payment for them.
• Limitation: the limitation period is 3 years and liability as a rule expires at the latest 5 years after the offence was committed; for a continuing offence the period runs only from the cessation of the unlawful situation (Act No. 250/2016 Coll.).

General guidance, not legal advice on your case. Based on the version of the Packaging Act in effect from 1 December 2025 and on EKO-KOM's terms and conditions in effect from 1 July 2026 (status as at 25 September 2026).

Whom the obligations concern

The obligation to ensure the take-back of packaging (Section 10) and the recovery of packaging waste (Section 12) applies to everyone who places packaging on the market or puts it into circulation and does not prove that it did not become waste in the territory of the Czech Republic. Placing on the market also includes the cross-border transport of packaging from another EU state into the Czech Republic and import (Section 2(d)); putting into circulation is the handover of packaging in the Czech Republic to another person, on its own or with a product (Section 2(e)). Typically, therefore, this concerns a company that packs its own goods, an importer of packaged goods and an online shop that sends parcels in boxes with filling.

The obligations can be fulfilled in three ways (Section 13(1)): independently, by transferring them to another person together with ownership of the packaging, or by a contract on joint fulfilment with an authorised packaging company – according to the ministry, the only one in the Czech Republic is EKO-KOM, a.s. A company with a contract covering all its packaging does not register in the List of Persons (Section 14(12)(a)).

The only exemption applies to a company that in a calendar year places on the market or puts into circulation no more than 300 kg of packaging and at the same time has an annual turnover of up to CZK 25,000,000 (Section 15a(1)). It must be able to document this; without documents it is treated as if it had the obligations (Section 15a(3) and (4)). Details in the article EKO-KOM: who must register, fees and reports.

What fines apply under the Packaging Act

A company that did not fulfil its obligations at all may face penalties for several offences at once (Section 44(2), ranges under Section 45(1)):

If the offences are heard together, the authority may raise the upper limit of the range for the most severely punishable offence by up to one half, but not above the sum of the upper limits (Section 41(2) of Act No. 250/2016 Coll.). For the combination of points (g), (o) and (q) this theoretically gives a ceiling of CZK 11.5 million, and if point (k) is added, CZK 15 million (our calculation, not practice).

A fine is not the only tool. Taking into account the nature and seriousness of the breach, the ČIŽP may prohibit, until remedied, placing on the market or putting into circulation packaging for which take-back is not ensured under Section 10(1), or suspend it; an appeal against this has no suspensive effect (Section 43(1) and (2) of the Packaging Act). Failure to fulfil the obligations of an inspected person during an inspection is also a separate offence – under the Inspection Code with a fine of up to CZK 500,000 (Section 15 of Act No. 255/2012 Coll.).

Who imposes the fine and whom inspections target

Take-back and the recovery of packaging waste are inspected by the Czech Environmental Inspectorate, which also imposes administrative penalties and protective measures (Section 40). Ensuring take-back by companies that place packaging on the market by selling to consumers is inspected by the Czech Trade Inspection Authority (ČOI) (Section 36(b)) – this inspection is excluded from the competence of the ČIŽP (Section 40(1)(a)); the recovery of packaging waste is inspected by the ČIŽP for them as well. If several authorities are competent, the offence is heard by the one that first started proceedings (Section 46(2)). Customs offices are not among the authorities that hear offences under Section 46(2) – they inspect imported packaging and, in case of doubt, refer the matter to the inspection authority (Section 41(1)); in addition, the General Directorate of Customs provides the ministry and the ČIŽP on request with data on imports of packaging from third countries (Section 41(2)).

What inspections look like in figures (ČIŽP Annual Report for 2025):

• 86 inspections under the Packaging Act, of which 11 based on complaints,
• 37 decisions that became final, with fines totalling CZK 1,297,000, i.e. on average roughly CZK 35,000 per decision (our calculation, including all breaches of the Packaging Act),
• for “free riding”, i.e. complete non-fulfilment of the obligations, 33 final fines and in two cases a reprimand (these concerned very small quantities of packaging),
• the highest fine, CZK 230,000, for a company that in 2023 and 2024 placed on the market air-conditioning units imported from abroad, including their packaging,
• another 6 fines totalling CZK 385,000 for not allowing an inspection or not submitting the requested documents.

According to the report, the ČIŽP focuses mainly on companies that have neither a contract with an authorised packaging company nor an entry in the List of Persons: on importers of packaged goods (it identifies them, among other things, from data of the General Directorate of Customs) and on online shops that pack parcels for their customers. When setting the fine in one of the cases described, the inspectorate took into account in particular the volume of packaging not recovered and the fact that the company was not in the List of Persons and did not fulfil the reporting obligation either. The plan of activities for 2026 provides for 77 inspections in the task “Packaging and selected plastic products”. For packaging they are to target mainly free riders – importers and manufacturers of packaged goods identified, among other things, from customs data on imports (for example of food, cosmetics, clothing, toys and electrical equipment), operators of online shops and companies where a breach has already been found before.

How far into the past: limitation

Liability for an offence expires when the limitation period runs out (Section 29 of Act No. 250/2016 Coll.). For offences for which the law sets a fine with an upper limit of at least CZK 100,000, the limitation period is 3 years (Section 30) – this applies to all the breaches in the table above. Liability as a rule expires at the latest 5 years after the offence was committed, even if the limitation period is interrupted in the meantime, for example by notice of the start of proceedings (Section 32(2) and (3)).

The start of the period is important. The limitation period runs from the day after the offence was committed; for a continuing offence only from the day after the cessation of the unlawful situation (Section 31). We have not been able to document from case law on the specific provisions of the Packaging Act whether the ČIŽP and the courts treat non-fulfilment of obligations under the Packaging Act as a continuing offence or as separate offences for individual periods. In practice one thing follows: as long as the company has not joined the system, the unlawful state continues.

EKO-KOM and past periods: what the contractual documents say

From when the contract covers you. The contract on joint fulfilment becomes valid and effective on the day it is concluded, but it applies to packaging placed on the market or put into circulation from the first day of the period in which it was concluded; the period is a calendar quarter unless the contract provides otherwise (EKO-KOM terms and conditions in effect from 1 July 2026, Article III(6) and Article II(1)(v)). If the contract is concluded (signed by both parties), for example, on 29 September 2026, it covers packaging from 1 July 2026; if it is concluded only on 1 October, it covers it only from 1 October. The retroactive cover from the start of the quarter holds, however, only if you submit the first report and pay the first fee on time (see below). According to its text, the contract does not cover packaging from earlier quarters.

Back payment for the past. EKO-KOM's public documents (terms and conditions from 1 July 2026, model contracts, price list from 1 January 2026, frequently asked questions) do not contain a procedure for paying for packaging from the period before the contract was concluded. At the same time, the act requires the authorised packaging company to conclude a contract with anyone who expresses interest and has no outstanding debts towards it, and it may not demand any payment for concluding the contract other than the fees under Section 30 (Section 21(1)(b)). In our reading, therefore, a new applicant without debts should not have the conclusion of the contract made conditional on a back payment for past periods; the situation is different for a former client who owes EKO-KOM money. Ask EKO-KOM in writing for its position on how it proceeds in your case.

How joining works. Registration form → confirmation of registration by e-mail (it can be presented, for example, to customs authorities before the contract is concluded) → signature of the contract → invoice for the fee of CZK 1,600 + VAT (according to EKO-KOM, an administrative fee of CZK 800 and a fee of CZK 800 to the State Environmental Fund) → after payment, a certificate with an assigned EPR registration number. The contract always covers all the packaging the company places on the market or puts into circulation, except deposit-return packaging (Section 13(1)(c), Section 21(1)(c)).

What to watch out for after signing (EKO-KOM terms and conditions from 1 July 2026):

• you submit the report within 30 days of the end of the period, usually a quarter (Article V(3)); for delay with the first report there is a contractual penalty of CZK 1,000 (Article XXIII(1)),
• in case of delay with the report for the quarter in which the contract was concluded, EKO-KOM may withdraw from the contract, and the contract is then terminated with effect from the outset (ab initio); if you do not pay the first fee, the contract is presumed not to have come into existence (Article XXII(5)),
• for untrue or incomplete data that would reduce the fee, there is a contractual penalty of half the difference (Article XXIII(3)).

Step-by-step procedure

1. Check that you are an obliged person. Do you place packaging on the market or put it into circulation, including import, cross-border transport into the Czech Republic and handover to the customer? Assess the 300 kg and CZK 25 million exemption for each year separately and with documents.
2. Find out whether someone else fulfils the obligations for you. If a supplier has paid the EKO-KOM fee for specific packaging, according to EKO-KOM it states on the invoice its client number with the information that the fee for the packaging has been paid – but this concerns only that packaging. A seller to consumers does not register in the List if another person demonstrably fulfils the obligations for all its packaging (Section 14(12)(b)).
3. Choose the way of fulfilment. Either a contract with EKO-KOM, the only authorised packaging company in the Czech Republic, or individual fulfilment. The latter means an application for entry in the List of Persons within 60 days of the obligation arising (Section 14(4); data box of the Ministry of the Environment 9gsaax4), a registration fee of CZK 800 (Section 30(1)), your own take-back network to the extent set by Section 10(2) and records with a report by 15 February (Section 15).
4. Conclude the contract within the current quarter. The contract covers packaging from the first day of the quarter in which it was concluded, so concluding it just a few days after the end of a quarter means that the entire quarter just ended remains without cover.
5. Deal with past periods in writing. Ask EKO-KOM (info@ekokom.cz) how to handle packaging placed on the market earlier, and keep the answer.
6. Compile the documents. Quantities of packaging by material and weight for past years are useful in negotiations with EKO-KOM and during an inspection; a person fulfilling individually keeps the documents for at least 5 years (Section 15(1)(d)).
7. Cooperate during an inspection. Among the mitigating circumstances, the law lists, among others, that the offender helped to eliminate the harmful consequence, or that it reported the offence to the administrative authority itself and effectively helped to clarify it (Section 39(c) and (d) of Act No. 250/2016 Coll.). The authority may also impose only a reprimand (Section 35(a)) or refrain from imposing a penalty if the hearing of the case alone can be expected to be sufficient for correction (Section 43(2) of Act No. 250/2016 Coll.). Whether and by how much the ČIŽP reduces the fine if the company joins before an inspection could not be documented from public sources; we have not found a public methodology for setting fines under the Packaging Act.
8. Take the PPWR into account. From 12 August 2026 Regulation (EU) 2025/40 applies and the Packaging Act continues to apply. The register of producers under Article 44 does not exist yet; the Commission's implementing act, from whose entry into force Member States have an 18-month period to set up the register, had not been published as at 25 September 2026. Penalties under the regulation are described in our Czech article PPWR fines and penalties.

What is being prepared

The Ministry of the Environment is preparing an adaptation amendment to the Packaging Act for the PPWR. According to a ministry presentation from March 2026, the plan includes, among other things, a register of producers kept by the authorised packaging company, mandatory joint fulfilment through it and measures against an increase in free riding. As at 25 September 2026, however, there is no government bill in the Chamber of Deputies. Of the bills introduced by deputies, parliamentary print 193 is the furthest advanced: in the version submitted, it amends Section 2 and the provisions on the authorised packaging company (Sections 16 to 21), but does not change the obligations of persons placing packaging (Sections 10 to 15a) or the penalties (Sections 43 to 46). The second reading is possible from 1 October 2026, and amendments may change this.

Common misconceptions

“If I join now, the past is wiped out.” It is not. The contract covers packaging from the quarter in which it was concluded, and liability for earlier offences expires only with limitation (3 years, as a rule at the latest 5 years after the offence was committed).

“Customs officers impose the fines.” Customs offices inspect imports and refer cases for inspection. Offences are heard by the authorities listed in Section 46(2) of the Packaging Act – for take-back and recovery mainly the ČIŽP, for take-back when selling to consumers the ČOI.

“Nobody cares about a few boxes a year.” The exemption applies only up to 300 kg of packaging and at the same time a turnover of up to CZK 25 million, and only with documents. In 2025 the ČIŽP also dealt with very small quantities of packaging – in two cases involving very small quantities it imposed a reprimand instead of a fine.

Summary

A company that has not fulfilled its obligations under the Packaging Act (it has neither a contract with EKO-KOM nor an entry in the List of Persons) risks a fine of up to CZK 10 million for failing to ensure the take-back or recovery of packaging waste and further fines for the missing entry in the List of Persons and the records; in addition, the ČIŽP may prohibit placing such packaging on the market until it is remedied. In 2025, 37 decisions of the ČIŽP under the Packaging Act became final, with fines totalling CZK 1,297,000; the highest was CZK 230,000. The limitation period is 3 years and liability as a rule expires at the latest 5 years after the offence was committed. The EKO-KOM contract covers packaging from the start of the quarter in which it was concluded, not the past; ask EKO-KOM in writing how to handle earlier periods. The key is to conclude the contract within the quarter in which you discover the problem. General information, not legal advice.

This article is a general explanation, not individual legal advice. A specific overview for your company (Pravano Kompas) comes with the free check – in writing, within 2 working days.