Rules and Terms

1. These rules have been developed with the aim of determining the responsibility and obligations of the Parties, including confidentiality and use of „Zaļā Josta” ECO mark, which the Parties have undertaken to fulfill by concluding the Agreement.
2. Definitions:
   2.1. Report – Report on the categories, types and volumes of textile products, electrical and electronic equipment or packaging and/or disposable tableware and accessories sold in the Latvian market or used for the purpose of own economic activity in the previous quarter, or on the sold in the Latvian market or used for the purpose of own economic activity in the previous month categories, types and amounts of environmentally harmful goods;
   2.2. Waste – waste of used packaging and/or disposable tableware collected in the territory of the Republic of Latvia, waste of environmentally harmful goods, waste of electrical and electronic equipment and waste of textile products;
   2.3. Service – State Environmental Service;
   2.4. ECO mark – ECO mark „Zaļā Josta”;
   2.5. Contractor – SIA “Zaļa Josta”;
   2.6. Procedure – “Terms of use of the electronic document circulation system and document circulation procedure” available on the Contractor’s website www.zalajosta.lv ;
   2.7. Parties – the Contractor and the Customer who concluded the Agreement;
   2.8. Agreement – the agreement concluded between the Contractor and the Customer on waste management of electrical and electronic equipment or packaging waste, or environmentally harmful goods, or textile;
   2.9. Register – Register of manufacturers of electrical and electronic equipment or Register of manufacturers of batteries or accumulators;
   2.10. Customer – a legal or natural person who has concluded an Agreement with the Contractor;
   2.11. Used packaging – the packaging and single-use tableware and accessories sold by the Customer in the Latvian market or used to ensure its economic activity.
   2.12. Environmentally harmful goods – Environmentally harmful goods sold by the Customer in the Latvian market or used to ensure its economic activity.
   2.13. Electrical and electronic equipment – electrical and electronic equipment sold by the Customer in the Latvian market or used to ensure its economic activity.
   2.14. Textile products – textiles sold by the Customer in the Latvian market or used to ensure its economic activity
3. Contractor rights and obligations:
   3.1. in accordance with the terms and procedures set forth in the laws and regulations, submit reports and information on behalf of the Customer to the competent state institutions on the types of used packaging or environmentally harmful goods or electrical and electronic equipment or types of textile products specified in the Agreement and placed by the Customer in the Latvian market with the relevant amounts of Waste managed;
   3.2. in accordance with the procedure and deadlines set by the laws and regulations, instead of the Customer, the Natural Resources Tax is paid by Contractor for the used recyclable/non-recyclable packaging specified in the Agreement placed by the Customer on the Latvian market, which is fully or partially composed of plastic (polymer) raw materials and has not been recycled or regenerated during the reporting period;
   3.3. informs the Customer about inclusion of the Customer in the agreement on management of environmentally harmful product waste or electrical and electronic equipment, or packaging and/or disposable tableware and accessories or textile products, concluded with the Service, as well as on the exemption or non-exemption of the Customer from the payment of natural resources tax, indicating number of the executed application, as well as categories of goods or equipment to which the exemption applies and the period for which exemption is granted;
   3.4. without prior coordination with the Customer, is entitled to transfer execution of certain waste management activities specified in the Agreement to subcontractors. The Contractor is responsible for all activities of the subcontractor, as well as for execution of the Agreement;
   3.5. the Contractor is not obliged to carry out waste collection specified in the Agreement in the places of Customer economic activity (in factories, places of sale or provision of services, etc.);
   3.6. without separate coordination with the Customer, is entitled to authorize any of his employees to perform the duties or activities specified in the Agreement;
   3.7. is not responsible for inappropriate control of information by the manager or keeper of the Register or implementation of measures that might be necessary for the keeper of the Register to prevent information from reaching third parties. The Contractor shall not have obligation to ensure that the Register holder protects the Customer data from reaching the third parties (including the Registry manager or the holder member organizations);
   3.8. upon prior agreement with the Customer, is entitled to instruct a sworn auditor or a certified expert to perform an examination of the Customer’s reports and payments for the last year of economic activity.
4. Customer rights and obligations:
   4.1. to register in the Register no later than 45 (forty-five) days before the start of Waste management specified in the Agreement. If the Customer is not registered in the relevant register 45 days before the time from which the Waste management specified in the Agreement starts, the Contractor in such case does not guarantee and is not responsible in any way for whether the Service will make a favorable decision to release the Customer from the payment of natural resources taxes (if applicable). Until the time when the Customer has fulfilled condition mentioned in this paragraph regarding registration in the Register, the Customer does not have any right of claim against the Contractor in connection with the concluded Agreement;
   4.2. transfer to the Contractor information requested in the Register, even if the Customer has determined the relevant information to be a trade secret or has undertaken not to disclose it (if applicable);
   4.3. submits to the Contractor Reports or other reports and information resulting from the Agreement, makes payments in accordance with the Agreement and Procedures, as well as submits other information necessary for  execution of the Agreement at the request of the Contractor;
   4.4. is responsible for the correctness and veracity of information provided in the Reports, as well as in other submitted documents. If data or information provided is inaccurate or incomplete, as a result of which the Contractor’s or the Customer’s liability is established according to the regulatory acts, then responsibility for such violation shall be assumed by the Customer;
   4.5. assumes full responsibility for the actions performed by the Customer’s authorized person or employees within the framework of the Agreement and pays invoices issued based on the Reports completed by the Customer’s authorized person;
   4.6. pays the natural resource tax specified in the regulatory enactments during the period of time when no agreement has been concluded between the Service and the Contractor for the management of waste of environmentally harmful goods or electrical and electronic equipment, or packaging and/or disposable tableware and accessories, or textile products;
   4.7. authorizes the Contractor to represent the Customer interest in receiving an exemption from the payment of natural resource taxes for the relevant type of Waste (waste of environmentally harmful goods or electrical and electronic equipment, or waste of packaging and/or disposable tableware and accessories, or textile products) and undertakes to submit all information necessary for this purpose within deadlines specified by the Contractor;
   4.8. authorizes the Contractor during the term of the Agreement to submit to the relevant state institutions and relevant registers (if applicable) information, including, but not limited to, submission of reports and information on the types of Waste managed and specified in the Agreement (waste of environmentally harmful goods or electrical and electronic equipment, or waste of packaging and/or disposable tableware and accessories, or textile products) placed on the Latvian market;
   4.9. complies with the Contractor’s recommendations and advices in management and accounting of used packaging specified in the Agreement.
5. The Parties agree that the Contractor shall calculate the types and amounts of Used Packaging or Environmentally Harmful Goods or Electrical and Electronic Equipment, or Textile products for the following year, taking into account data presented in the Customer’s Reports on the Used Packaging sold in the Latvian market or used for the provision of its economic activity during the previous period of time, or Type of goods or Electrical and electronic equipment harmful to the environment.
   5.1. In the event that the Customer’s planned amounts of used packaging or environmentally harmful goods or types of electrical and electronic equipment, or types of textile products specified in the Agreement in the following year will differ from the volume of the previous year by more than 20% (twenty percent), then the Customer is obliged to inform the Contractor by December of the current year;
   5.3. When concluding the Agreement, the planned types of used packaging or environmentally harmful goods or Electrical and electronic equipment, or textile products specified in the Agreement and their volume are determined based on the data specified in the Customer’s questionnaire.
6. Liability of the Parties:
   6.1. if the Contractor does not ensure fulfillment of the relevant waste collection, processing and regeneration norms set out in the environmental protection laws within a calendar year, then the Contractor is responsible for non-fulfillment or incomplete fulfillment of the assumed obligation;
   6.2. The Parties are responsible for damages they have caused to the other Party as a result of improper performance of their obligations;
   6.3. The Parties are released from responsibility for full or partial non-fulfillment of obligations provided for in the Agreement, if such non-fulfillment occurred as a result of force majeure circumstances that could not be predicted or prevented after the date of entry into force of the Agreement. Circumstances of force majeure include provisions that are beyond control and responsibility of the Parties, such as natural disasters, mass riots, hostilities, strikes, changes in regulatory acts, which limit or make impossible activities of the Parties without an alternative. A Party that is in circumstances of force majeure must inform the other Party in writing, no later than 3 (three) days after occurrence of circumstances of force majeure, attaching evidence containing confirmation of the said extraordinary circumstances and their description. A Party must notify the other Party in writing about the end of force majeure circumstances and indicate from which moment it resumes fulfilling its contractual obligations. If circumstances of force majeure continue for more than 3 (three) months, the Parties shall agree on future operation and validity of the Agreement.
7. The right to use ECO mark:
   7.1. Contractor grants the Customer the right to use ECO label so that the Customer can mark equipment or goods in the Customer’s possession specified in the Agreement with the ECO label;
   7.2. The Customer is granted the right to use ECO label for the term of the Agreement. The Customer may not transfer these rights to a third party;
   7.3. The Customer must place ECO mark in such a way that it is easily visible and clearly legible. The Customer must use ECO mark in accordance with the models of ECO mark and the terms of use, which are available on the Contractor’s website at www.zalajosta.lv.
8. Confidentiality:
   8.1. information relating to the Agreement, its conclusion and execution is confidential. The Parties do not disclose to third parties any information that they have learned about each other in connection with the conclusion and execution of the Agreement. The Parties have the right to disclose confidential information only with the written consent of the other Party or in those cases when information is requested by the competent authorities in cases specified in the regulatory acts;
   8.2. confidentiality provision is valid during the term of the Agreement, after its termination and also after the Parties have fulfilled all their obligations arising from the Agreement;
   8.3. Contractor has the right to inform third parties only about the fact of conclusion of the Agreement and summarized data of all Customer regarding waste management specified in the Agreement. This restriction does not apply to the provision of necessary information to the Registers.

General terms:

1. This procedure has been developed with the aim of providing the Customer with information about the terms of use of the System and the procedure for circulation of documents placed in the System (hereinafter referred to as the Procedure).
2. Definitions:
   2.1. Act – the act of acceptance-transfer prepared by the Contractor on the management of the relevant type of waste carried out in the previous quarter (or month – in the case of waste of environmentally harmful goods);
   2.2. Report – Report on the categories, types and volumes of electrical and electronic equipment or packaging and/or disposable tableware and accessories, or textile products sold on the Latvian market or used for the purpose of own economic activity in the previous quarter, or on the sold in the Latvian market or used for the purpose of own economic activity in the previous month categories, types and amounts of environmentally harmful goods;
   2.3. Contractor – SIA “Zaļa Josta”;
   2.4. Agreement – the agreement concluded between the Contractor and the Customer on waste management of electrical and electronic equipment or packaging waste, or environmentally harmful goods;
   2.5. Customer – a legal or natural person who has concluded an Agreement with the Contractor;
   2.6. Invoice – an invoice prepared by the Contractor for the services provided in the previous quarter or month in connection with waste management of electrical and electronic equipment, packaging and/or disposable tableware and accessories, or environmentally harmful goods, or textile products;
   2.7. System – the Electronic Document Circulation System created and maintained by the Contractor;
   2.8. System user – a person authorized by the Customer or an employee to whom the Customer has transferred the right to connect to the System on behalf of the Customer and, using the System, to fill in and submit Reports.

Terms of use of the system:

3. To start using the System, the Customer, after concluding the Agreement, sends a request for System access to the e-mail address info@zalajosta.lv , in which he indicates name, surname, e-mail address and telephone number of the System user/s. The Customer must submit a request to use the System using the Customer’s electronic mail address specified in the Agreement.
4. Upon receipt of the Customer’s request, if the request meets all the requirements specified in this procedure, the Contractor shall send an individual password for accessing the System to the e-mail address of the System user/s specified by the Customer within 7 (seven) days at the latest.
5. The System is accessed through the Contractor’s website www.dati.zalajosta.lv or www.zalajosta.lv. To connect to the System, the System user must enter electronic mail address (to which the Contractor has sent individual password) and the individual password. Access to the System granted to the Customer can only be used by the Customer or System user.
6. In case of losing or forgetting the individual password, the System user shall immediately inform the Contractor about it by sending information to the electronic mail address indicated in paragraph 3 of this procedure. After receiving information from the System user, the Contractor cancels existing password and sends a new individual password to the System user’s e-mail address.
7. If the Customer wishes to change the submitted System user data or add a new System user, the Customer shall comply with the requirements set forth in paragraph 3 of this procedure.
8. From the moment of assigning an individual password, the Customer and/or System user is responsible for safe storage of the password and its inaccessibility to third parties. The Contractor is not responsible for any losses that the Customer has incurred or may incur in connection with incorrect storage of the password, as a result of which a third party has accessed the System and the data contained therein.
9. The System user may not perform actions that could affect operation of the System or security of the data contained therein. As such actions shall be considered all actions, for the execution of which not only options allowed (available) in the System are used, or which are executed automatically, without direct participation of the System user in the process of information requests, regardless of the purpose of these actions.
10. The Customer undertakes to save and not disclose to third parties any data that may become known to the Customer during the term of the Agreement and during the process of using the System.

Procedure for circulation of documents placed in the system

11. Regarding the categories, types and quantities of electrical and electronic equipment or packaging and/or disposable tableware and accessories or types of textile products, the Customer shall submit to the Contractor a Report for the previous quarter by the 20th (twentieth) date of the first month of the current quarter. Regarding goods harmful to the environment, the Customer submits the Report for the previous month to the Contractor by the 10th (tenth) day of the current month. The Customer submits the Reports electronically in the System.
12. To fill out and submit the Report, the System user selects “Enter data” option in the System and fills out the Report. After completing the Report, selecting the “Send” option, the Report created and filled in by the System user is sent to the Contractor. Information provided in the report is considered a complete and true reflection of the Customer.
13.The Contractor sends back the submitted Report to the System user for clarifications and/or additions, if:
13.1. The Contractor detects obvious deficiencies or inaccuracies;
13.2. the Customer’s written submission on the withdrawal of the Report has been received.
14. After receiving a correct Report, the Contractor prepares and places the Act and Invoice in the System within 10 (ten) days. The Contractor sends a notification to the electronic mail address of the System user about placing the Act and the Invoice in the System. With the moment of sending the notification, it is considered that the Act and the Invoice have been delivered to the Customer. The Contractor has the right to send the Invoice also in paper form to the Customer’s legal address.
15. The Customer must approve the Act within 5 (five) days in accordance with paragraph 17 of the Procedure. If the Customer has justified objections to the content of the Act, the Customer must submit written objections to the Contractor within 3 (three) working days from the moment of receipt of the Act.
16. The Act is considered to be approved by the Customer, if the Customer confirms it in the System, or in accordance with pargraph 15 of this Procedure, has not expressed any objections to what is specified in the Act, or has missed the deadline for submission of objections specified in paragraph 15 of this Procedure. After its approval, the Act becomes an integral part of the Agreement.
17. Correspondence sent to the e-mail addresses of the Parties specified in the Agreement shall be considered received on the day after such e-mail was sent, which can be proven by the sender of the e-mail. If the Customer’s details, phone number, e-mail address, legal address, etc. are changed during the term of the Agreement, the Customer shall immediately notify the Contractor of this in writing. If the Customer does not fulfill provisions of this paragraph, it is considered that the Contractor has fully fulfilled his obligations by using information about the Customer contained in the Agreement. The Contractor’s e-mail messages to the Customer are considered to be information approved by the sender, and if the addressee has not raised objections to the information specified in the e-mail message within 2 (two) days of receiving the e-mail, the addressee has given his acceptance, which has consequences, defined in Section 1537 of the Civil Law ( offer and acceptance).