Decree of the Ministry of Industry and Trade No. 115 / 2002 Coll.
Decree of the Ministry of Industry and Trade on details of packaging handling
Valid
Order
Effective from 09.04.2002
Text versions:
09.04.2002
115
DECLARATION
Ministry of Industry and Trade
of 22 March 2002
on details of packaging handling
The Ministry of Industry and Trade, in agreement with the Ministry of the Environment and the Ministry of Health, provides pursuant to § 50 (3) of Act No. 477 / 2001 Coll., on Packaging and on the amendment of certain laws (the Act on Packaging) (hereinafter referred to as the Act) for the implementation of § 3 (2), § 4 (1) (b), § 4 (3) and (4), § 6 (3) and § 7 (2) of the Act:
This decree provides
(a) the procedure for determining the minimum weight and the minimum volume of packaging;
(b) the method of assessing the concentration of substances listed in the list of still classified hazardous chemical substances (1) (hereinafter referred to as the List) in the packaging; these substances are identified in the List as N or R 50 to R 59,
(c) the limit value of the sum of the quantities of lead, cadmium, mercury and chromium with the oxidation number VI in the packaging;
(d) how to assess the applicability of packaging;
(e) the scope and manner of labelling of packaging with regard to the packaging material used;
(f) the details of the measures enabling re-use of the packaging and the method and procedure for re-use of the packaging.
The minimum weight and minimum packaging volume shall be determined according to technical standards ČSN EN 13427 (Packaging - Requirements for the use of European standards for packaging and packaging waste) and ČSN EN 13428 (Packaging - Specific requirements for production and composition - Prevention by reducing resources).
The evaluation of the concentration of substances in the packaging listed in the List shall be carried out according to technical standard CSN EN 13428.
(1) The limit value of the sum of the quantities of lead, cadmium, mercury and chromium with the oxidation number VI in the packaging must not exceed 100 μg / g (hereinafter referred to as the limit value).
(2) The limit value referred to in paragraph 1 is not fixed for packaging manufactured exclusively from lead crystal store.2)
(3) Glass packaging shall be permitted to exceed the limit value referred to in paragraph 1 if:
(a) during the manufacturing process, no lead, cadmium, mercury or chromium with an oxidative number VI is intentionally introduced into the packaging; intentionally introduced for the purposes of this decree in accordance with European Community law (3)) means the process of intentionally using a substance to form a packaging or a component of a packaging so that it is present in a manufactured packaging or in a component thereof, bearing a specific characteristic, appearance or quality of the packaging. The use of recycled materials for packaging production in cases where a part of recycled materials may contain certain controlled quantities of heavy metals is not considered to be a deliberate introduction,
(b) the limit value is exceeded only as a result of the addition of recycled materials; and
(c) the packaging glass manufacturer shall perform once a month measurements of the concentration of heavy metals in production samples representing normal and regular production activity. These samples shall be taken from each individual glass furnace. Measured concentration values of heavy metals shall be recorded and reported in accordance with a special regulatory regulation.4)
(4) For plastic crates and plastic pallets it is permitted to exceed the limit values referred to in paragraph 1 if:
(a) no lead, cadmium, mercury or hexavalent chromium is intentionally introduced into the product during the manufacturing process or during distribution;
(b) the limit value is exceeded only by the addition of recycled materials;
(c) containers and pallets are manufactured on the basis of a controlled recycling process, at least 80% by weight of the material used to produce new crates and pallets must be made of recycled old pallets and crates; and
(d) containers and pallets made of recycled material are only used in a closed system of re-use of packaging in accordance with Annex 2 to the Act.
(5) The verification of limit values shall be carried out according to technical standard CSN CR 13695 - 1 Packaging - Requirements for the measurement and verification of four heavy metals and other hazardous substances present in the packaging and their release into the environment - Part 1: Requirements for the measurement and verification of four heavy metals present in the packaging.
(1) Assessment of the usability of packaging by recycling is carried out according to technical standard ČSN EN 13430 Packaging - Requirements for packaging available for material recycling.
(2) The evaluation of the energy recovery of packaging waste is carried out in accordance with technical standard ČSN EN 13431 Packaging - Requirements for packaging usable as an energy source, including specification of the lowest calorific value.
(3) Evaluation of organic recycling of packaging waste is carried out according to technical standard ČSN EN 13432 Packaging - Requirements for packaging usable for composting and biodegradation - Test scheme and evaluation criteria for final acceptance of packaging.
(1) The material from which the packaging is made is marked according to technical standard CSN 77 0052 - 2.
(2) The method of handling the packaging used shall be marked according to technical standard CSN 77 0053.
(3) Where boxes and pallets have been made from recycled material, this shall also be clearly indicated.
The technical standard ČSN EN 13429 - Packaging - Repeated use is laid down in the arrangements for re-use of packaging and the method and procedure for re-use of packaging.
This decree shall take effect on the day of its publication.
Minister:
Doc.
1) Act No. 157 / 1998 Coll., on Chemicals and Chemicals and amending certain other laws, as amended by Act No. 352 / 1999 Coll., Act No. 132 / 2000 Coll., Act No. 258 / 2000 Coll., Act No. 458 / 2000 Coll. and Act No. 185 / 2001 Coll. Government Regulation No. 25 / 1999 Coll., laying down a procedure for the evaluation of the hazards of chemicals and chemical products, the method of classification and labelling and issuing a List of previously classified hazardous chemicals, as amended by Government Regulation No. 258 / 2001 Coll.
2) Decree No. 379 / 2000 Coll., laying down the conditions for determining the different types of crystal glass, their characteristics and the methods of marking of crystal glass products.
3) Commission Decision 1999 / 177 / EC of 8 February 1999 laying down the conditions for granting a derogation from Directive 94 / 62 / EC on packaging and packaging waste for plastic crates and pallets concerning the level of concentration of heavy metals. Commission Decision 2001 / 171 / EC of 19 February 2001 laying down the conditions for derogation for packaging glass in relation to the levels of heavy metal concentrations laid down in Directive 94 / 62 / EC on packaging and packaging waste.
4) Decree No. 117 / 2002 Coll., on the scope and manner of keeping the records of packaging and reporting the data from this register.
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Regulation Information
| Citation | Decree of the Ministry of Industry and Trade No. 115 / 2002 Coll., on details of packaging handling |
|---|---|
| Regulation Type | Order |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 09.04.2002 |
|---|---|
| Effective from | 09.04.2002 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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