Contract

The Government appointed the NHKV National Coordination of Waste Management and Asset Management Plc to be the Co-ordinating Organisation for the tasks that are defined in Section 32/A of Act CLXXXV of year 2012 on wastes and in Section 3 (1) of Government Decree 69/2016 (III. 31.) on the appointing, task scope and data management method of the organisation established for carrying out the state waste management public task and on the detailed rules of data service providing obligations (hereinafter referred to as Government Decree).

Based on the mandate received from the government the Co-ordinating Organisation is present as a named player in the legal relationships that are established between the public service provider and the real estate user.

Those provisions of the contracts concluded by and between the public service provider and the real estate user directed at carrying out the waste management public service tasks that are not in harmony with the regulations that are effective as of April 1, 2016 have to be modified. However, these modifications refer to the legal relationship that exist between the contracting parties (the public service provider and the real estate user), the Co-ordinating Organisation is not included therein as a contractual partner, in view of the fact that it is present in the legal relationship as “ex lege”.

In the specific contracts, according to our opinion, it is advisable to indicate among the stipulations concerning the payment of the public service fee the following:

• The waste management public service fee due for the services performed is collected by the Co-ordinating Organisation starting with April 1, 2016.
• The Co-ordinating Organisation issues the invoices on the public service fees to its Clients with 15-day payment deadlines.

Please turn to your local public service provider if you wish to use the waste management public service mandatory for the user of the real estate.

Starting with April 1, 2016, NHKV as the beneficiary of the fee that is to be invoiced for the waste management public service performed, performs its invoicing and collection tasks on the basis of the data that are provided by the public service providers Due to the above, we ask you to turn to your current public service provider in the interest of suspending the waste management public service or in the interest of modifying the frequency of the service. They will be pleased to be at your disposal.