Act No. 149 / 2017 Coll.
Act amending Act No. 477 / 2001 Coll., on Packaging and on the Amendment of Certain Acts (Law on Packaging), as amended
Valid
Effective from 01.07.2017
149
THE LAW
of 19 April 2017
amending Act No. 477 / 2001 Coll., on Packaging and on the Amendment of Certain Acts (Law on Packaging), as amended
Parliament has decided on this law of the Czech Republic:
Act No. 477 / 2001 Coll., on Packs and amending certain laws (Packing Act), as amended by Act No. 274 / 2003 Coll., Act No. 94 / 2004 Coll., Act No. 237 / 2004 Coll., Act No. 257 / 2004 Coll., Act No. 444 / 2005 Coll., Act No. 66 / 2006 Coll., Act No. 296 / 2007 Coll., Act No. 25 / 2008 Coll., Act No. 167 / 2012 Coll., Act No. 62 / 2014 Coll., Act No. 64 / 2014 Coll., Act No. 243 / 2016 Coll.
1. footnotes 1 and 2 shall read:
"1) Act No. 350 / 2011 Coll., on Chemicals and Chemical Mixtures and on the Amendment of Certain Laws (Chemical Act), as amended.
2) Directive 94 / 62 / EC of the European Parliament and of the Council of 20 December 1994 on packaging and packaging waste. Directive 2004 / 12 / EC of the European Parliament and of the Council of 11 February 2004 amending Directive 94 / 62 / EC on packaging and packaging waste. Directive 2005 / 20 / EC of the European Parliament and of the Council of 9 March 2005 amending Directive 94 / 62 / EC on packaging and packaging waste. Commission Directive 2013 / 2 / EU of 7 February 2013 amending Annex I to Directive 94 / 62 / EC of the European Parliament and of the Council on packaging and packaging waste. Directive (EU) 2015 / 720 of the European Parliament and of the Council of 29 April 2015 amending Directive 94 / 62 / EC as regards restrictions on the consumption of lightweight plastic carrier bags. ';
2. in Paragraph 2 (l):
"(l) the packaging material of the product from which the packaging is made, the packaging being grouped or the packaging being transported directly produced, or which is part of a packaging consisting of several parts,"
3. in Article 2, the following points (m) and (n) are added:
"(m) a plastic carrier bag with or without handles provided to the consumer at the point of sale of products made from polymers within the meaning of Article 3 (5) of Regulation (EC) No 1907 / 200633 of the European Parliament and of the Council) to which additives or other substances may be added and which are capable of performing the function of the main structural component of the carrier bags,
(n) a very light plastic carrier bag with a wall thickness of up to 15 microns, which is necessary for hygienic reasons or is provided as a bulk packaging if its use helps to prevent food waste.
33) Regulation (EC) No 1907 / 2006 of the European Parliament and of the Council of 18 December 2006 on the Registration, Evaluation, Authorisation and Restriction of Chemicals, establishing a European Chemicals Agency, amending Directive 1999 / 45 / EC and repealing Council Regulation (EEC) No 793 / 93, Commission Regulation (EC) No 1488 / 94, Council Directive 76 / 769 / EEC and Commission Directives 91 / 155 / EEC, 93 / 67 / EEC, 93 / 105 / EC and 2000 / 21 / EC. '
4. In Article 3, the following paragraph 3 is added:
"(3) The plastic carry-on bag may be provided to the consumer at the point of sale of the products at least for the costs corresponding to the cost of its acquisition. This does not apply if it is a very light plastic carry bag. '
5. In Paragraph 9 (10), the word "drink (12) 'is replaced by" table beer, beer or lager' and the words "same drinks' are replaced by" drinks belonging to those groups'.
footnote 12 is deleted.
6. In Article 23 (1) (b), the words "to the extent set out in Annex 4 to this Act 'are deleted.
7. In Article 23, the following paragraph 2 is inserted after paragraph 1:
"(2) The Authorised Society shall report to the Ministry of the Environment the data referred to in paragraph 1 through an integrated system of environmental reporting obligations or an environmental data box intended to fulfil environmental reporting obligations under the Act governing an integrated environmental pollution register and an integrated system of environmental reporting obligations. ';
Paragraphs 2 and 3 shall become paragraphs 3 and 4.
8. In Article 23, the following paragraph 5 is added:
"(5) The implementing act shall determine the extent to which packaging and packaging waste are to be kept and the manner in which they are to be used in accordance with paragraph 1 (b) and the extent of the reported data from that register. ';
9. Paragraph 30 (4) to (6) reads as follows:
"(4) In the case of arrears on registration and registration fees, interest on late payment shall be charged at 0,1%.
(5) The revenue of registration and registration fees is the income of the budget of the State Environmental Fund of the Czech Republic.
(6) The administrator of registration and registration fees is the State Environmental Fund of the Czech Republic. The administration of the payment of these fees shall be exercised by the customs office. The local jurisdiction of the customs office shall be governed by the registered office or place of residence of the tax entity. The Ministry of the Environment shall decide to waive interest on late payment. '
footnotes 21 and 22 are deleted.
10. in Article 32 (g), "Article 23 (2)" is replaced by "Article 23 (3)."
11. the following Section 41a is inserted after § 41:
For the purposes of the performance of the State administration in the field of packaging and packaging waste management, the Directorate-General for Customs shall, upon request, provide the Ministry of the Environment and the Czech Environmental Inspection of its records with the following information on imports of packaging from non-EU countries:
(a) identification details of the declarant and the consignee, the name or business name or, where applicable, the name, address of the registered office and the identification number, if assigned;
(b) the date of import;
(c) the gross and net weight of the consignment;
(d) the code of the goods;
(e) the type and number of packages;
(f) description of the goods,
(g) the State from which the packaging was imported; and
(h) the unit of measurement and its number. ';
12. in Article 44 (2), the text "paragraph 1" shall be added at the end of the text of point (a);
13. in Paragraph 44 (3) (q), "3" is replaced by "4."
14. In Paragraph 44, the following paragraph 5 is added:
"(5) A legal or operating natural person commits an administrative offence by providing a plastic carry-over bag to the consumer at the point of sale of the products, other than as referred to in § 3 (3). ';
15. in Article 45 (a), the words "or in accordance with paragraph 4" shall be replaced by "in accordance with paragraph 4 or 5."
16. In Article 50, the text "and Article 23 (5) 'shall be added at the end of the text of paragraph 2.
17. Annex 3 shall read as follows:
"Annex 3 to Act No. 477 / 2001 Coll.
Required recycling and total recovery of packaging waste
A: recycling B: total recovery
| Odpady z obalů | do 31. 12. 2016 | do 31. 12. 2017 | do 31. 12. 2018 | do 31. 12. 2019 | od 1. 1. 2020 | |||||
|---|---|---|---|---|---|---|---|---|---|---|
| A | B | A | B | A | B | A | B | A | B | |
| % | % | % | % | % | % | % | % | % | % | |
| Papírových a lepenkových | 75 | 75 | 75 | 75 | 75 | |||||
| Skleněných | 75 | 75 | 75 | 75 | 75 | |||||
| Plastových | 45 | 45 | 45 | 45 | 50 | |||||
| Kovových | 55 | 55 | 55 | 55 | 55 | |||||
| Dřevěných | 15 | 15 | 15 | 15 | 15 | |||||
| Prodejních určených spotřebiteli | 40 | 45 | 44 | 49 | 46 | 51 | 48 | 53 | 50 | 55 |
| Celkem | 60 | 65 | 65 | 70 | 65 | 70 | 65 | 70 | 70 | 75 |
The rate of recycling and the total use of sales packages for consumers shall be determined as a proportion of the amount of packaging waste recovered from consumers and the quantity of sales packaging placed on the market or put into circulation by the person. The denominator does not include sales packages which are simultaneously industrial packaging.
Packs of one material shall be regarded as packaging containing at least 70% by weight of the packaging.
Recycling and total recovery shall be determined as a percentage by weight and shall be included in the total recovery as one of its forms, together with energy recovery and organic recycling pursuant to Article 4 (1) (c). ';
18. Annex 4 shall be deleted;
Transitional provisions
1. Paragraph 23 (1) of Act No. 477 / 2001 Coll., as effective before 1 January 2018, shall apply to the reporting of data from the records of an authorized company for 2017 even if these data are reported after 31 December 2017.
2. Paragraph 23 (2) of Act No. 477 / 2001 Coll., as effective as of 1 January 2018, shall apply for the first time when reporting data from the records of the authorized company for 2018.
3. For the fee obligations for registration and registration fees, as well as for the rights and obligations relating thereto, arising before the date of entry into force of this Act, Act No. 477 / 2001 Coll., as effective before the date of entry into force of this Act, shall apply.
4. When managing the payment of registration and registration fees under Act No. 477 / 2001 Coll., as effective before the date of entry into force of this Act, which was not paid at the date of application of this Act, Paragraph 30 (6) of Act No. 477 / 2001 Coll., as effective from the date of entry into force of the Act, applies. The State Environmental Fund of the Czech Republic shall transmit to the customs office the necessary data on these unpaid charges within 30 days of the date of entry into force of this Act.
Efficacy
This Law shall take effect on the first day of the second calendar month following its publication, with the exception of Article I (4), (6) to (8), (10), (12) to (16) and (18), which shall take effect on 1 January 2018.
Hamlet v. r.
Zeman v. r.
Sobotka v. r.
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Regulation Information
| Citation | Act No. 149 / 2017 Coll., amending Act No. 477 / 2001 Coll., on Packaging and on the Amendment of Certain Acts (Law on Packaging), as amended |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 22.05.2017 |
|---|---|
| Effective from | 01.07.2017 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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