What is Decree No. 16 / 2022 Coll.?

Decree No. 16 / 2022 Coll., on the details of handling certain end-of-life products — Order on details of handling certain end-of-life products.

When it became Decree No. 16 / 2022 Coll. effectiveness?

Decree No. 16 / 2022 Coll. became effective 01.02.2022.

Is Decree No. 16 / 2022 Coll. still valid?

Yes, Decree No. 16 / 2022 Coll. is still valid and effective.

Decree No. 16 / 2022 Coll. - Order on details of handling certain end...

16

DECLARATION

of 21 January 2022

on details of handling certain end-of-life products

The Ministry of the Environment shall determine, pursuant to Articles 13 (4), 15 (4), 17 (2) (c), 21 (6), 23 (7), 27 (4), 27 (28) (3), 31 (1), 32 (5), 36 (4), 50 (6), 51 (7), 53 (6), 57 (7), 59 (2), 62 (3) (a) and (b), 67 (3) (c), 68 (2) (a) and (c), 69 (5) (a), 72 (6), 74 (7) (a) and 80 (2) (a), and (b) of Law No 542 / 2020 Coll.

ČÁST PRVNÍ

INTRODUCTORY PROVISIONS

§ 1

Subject matter

(1) This decree implements the relevant provisions of the European Union( 1), following the directly applicable provisions of the European Union( 2), and provides for

(a) the minimum scope and manner of conducting information campaigns in the context of awareness-raising activities and their focus on specific target groups of end users;

(b) requirements for the concentration and transport of end-of-life products, including their temporary storage;

(c) the requirements for the collection facilities and areas at the points of re-collection and the design of the re-collection points in respect of end-of-life products with dangerous properties or the handling of which may be associated with health or safety risks;

(d) the form for filing the application for registration in the list of manufacturers and the way in which the remote access for entering data into the list of manufacturers is ensured, changes and deletion of the registered data;

(e) the extent and manner of keeping records of the manufacturer and the collective scheme operator;

(f) the content and scope of the annual report on end-of-life products for producers and operators of the collective scheme;

(g) the method of determining the minimum amount of bail for producers of solar panels placed on the market as from 1 January 2013 and the application form for approval of the use of bail-making funds from a special tied account;

(h) the form for the application for authorisation to operate the collective scheme;

(i) the minimum level of data verification by the auditor;

(j) sub-groups of electrical equipment falling within the categories of electrical equipment referred to in Annex 1 to the End-of-Life Act ("the Act");

(k) details of the labelling of waste electrical equipment;

(l) the method of verifying the functionality and safety of the use of the retrofitted electrical equipment;

(m) the method of calculating the level of use of waste electrical equipment for the purpose of fulfilling the obligation to use recovered waste electrical equipment to at least the extent set out in Annex 3 to the Act;

(n) substances and components for the preferred removal from waste electrical equipment;

(o) technical requirements for dismantling, concentration, storage and treatment of waste electrical equipment and a list of selected technical standards;

(p) a list of selected technical standards for accreditation by a qualified third party ensuring verification of compliance with the technical standards of the waste electrical equipment processor;

(q) the scope of continuous recording and the way of reporting waste electrical equipment;

(r) the content of the operating order of equipment for the treatment of waste electrical equipment;

(s) a list of investment vehicles in which the funds obtained from contributions paid by and revenues from the solar power plant operator can be temporarily invested;

(t) conditions for the cross-border transport of electrical equipment used;

(u) details of the labelling of batteries or accumulators.

(2) This decree regulates the details of the management of end-of-life products with regard to waste electrical equipment, waste batteries or accumulators and waste tyres.

ČÁST DRUHÁ

DETAILS OF RESEARCH, COMPONENTS, STORAGE AND TRANSPORT OF PRODUCTS WITH TERMINATION OF LIFE AND ASSOCIATED OBLIGATIONS

§ 2

Requirements for information campaigns in the framework of information activities

(1) The manufacturer is obliged to use at least the following means of information and methods each year when carrying out information campaigns:

(a) radio or television broadcasting;

(b) electronic communication, such as through social networks, Internet presentations or banners;

(c) personal communications, such as through school educational events, exhibitions or fairs; and

(d) periodical printing.

(2) Information campaigns must stress the importance of end-users' attitude towards end-of-life products. In particular, they must emphasise the importance of sorting and the personal responsibility of end-of-life users for the environmental impact of the end-of-life product.

(3) Information campaigns must be carried out with regard to the population aged between 6 and 15; This does not apply to information campaigns concerning:

(a) electrical equipment not intended for domestic use;

(b) automotive or industrial batteries or accumulators;

(c) tyres.

(4) When carrying out the information campaigns referred to in paragraph 1, the name of the manufacturer or the collective system operator which organises them and ensures their financing, or the brand or name of the information campaign shall be indicated.

(5) The scope of the management of information campaigns in a given year must correspond to at least 2% of the total costs incurred in fulfilling the obligations laid down by law for the recovery, processing, recovery and disposal of end-of-life products, informing the end-user of the recovery and other obligations relating thereto.

§ 3

General requirements for the concentration and transport of end-of-life products, including their temporary storage

(1) End-of-life products taken back must always be concentrated separately from other waste at the disposal points. Any further management of end-of-life products must be carried out separately from other wastes.

(2) Should unintended mixing or contamination occur during the joint shipment of end-of-life products with other waste types, they shall be separated by appropriate means.

(3) The re-collection of end-of-life products shall ensure that the re-taken products are protected from alienation or undesirable deterioration throughout their storage at the point of re-collection or at the collection device until they are removed.

(4) End-of-life products shall be concentrated in such a way that the quality of surface or groundwater is not jeopardised. End-of-life products containing dangerous defective substances, particularly dangerous defective substances or priority dangerous defective substances (3) shall be treated in accordance with the requirements for the management of these substances laid down in waterlaw (4) and by the regulation governing the management of defective substances (5).

§ 4

Specific requirements for recovery points of waste automotive or industrial batteries or accumulators

The place of recovery of waste automotive or industrial batteries and accumulators shall be:

(a) covered and shall have an impermeable surface resistant to electrolyte action; or

(b) equipped with means to store waste automotive or industrial batteries or accumulators which are resistant to chemical and atmospheric effects and are protected against overflow.

Specific requirements for waste batteries or accumulators containing lithium

§ 5

(1) Withdrawal points and all other places where waste batteries or accumulators are handled and where more than 30 kg of lithium-containing waste batteries or accumulators are present or are expected to occur shall comply with the requirements laid down in paragraphs 2 to 5 and § 6.

(2) Waste batteries or lithium-containing accumulators shall be concentrated in a dry, cold, well ventilated place resistant to atmospheric effects such as direct sun or rain.

(3) Waste batteries or accumulators containing lithium shall be concentrated at a safe distance from the sources of heat and technical gas storage.

(4) Where waste batteries or lithium-containing accumulators have been transferred to the point of collection in the original sales packaging (6), they shall not be removed from these packaging. This shall be without prejudice to the possibility of checking the state of the waste battery or accumulator at the point of recovery.

(5) Waste batteries or accumulators containing lithium shall be stored in solid packaging, such as barrels, crates or cans, and shall be protected against any change in heat during storage:

(a) individual protection of metal parts;

(b) an internal packaging to prevent contact between cells or batteries; or

(c) the use of non-conductive, non-flammable fixation material such as sand or vermiculite to fill the empty space between cells and batteries.

§ 6

(1) Waste batteries or accumulators with a lithium content exceeding 30 kg shall be concentrated in a separate non-conductive outer packaging.

(2) When concentrating a damaged or defective waste battery or accumulator with a lithium content of less than 30 kg, each battery or accumulator shall be individually packaged in its inner packaging and stored in its outer packaging. The outer packaging shall be filled with non-flammable, non-conductive material and shall be tightly closed. The outer packaging shall be equipped with a ventilation device if necessary. Appropriate measures shall be taken to minimise the effects of vibration and impact.

(3) Waste batteries or accumulators containing lithium shall be stored in collection boxes or containers marked with "waste lithium batteries and accumulators for recycling" or "waste lithium batteries and accumulators for disposal." Damaged or defective lithium-containing waste batteries or accumulators shall be stored in collection boxes or containers marked "Damaged / defective lithium-ion batteries" or "Damaged / defective lithium metal batteries."

§ 7

Specific requirements for waste electrical storage by the processor

(1) Places where waste electrical equipment is stored must be equipped with:

(a) a reinforced floor which is not impermeable to the leakage of dangerous substances with a device for the receipt of releases of dangerous substances or impermeable containers in which the electrical equipment must be safely stored when hazardous substances are contained in waste electrical equipment;

(b) cleaning aids, substances for the absorption of leaked operating fluids, equipment for the removal of leakage fluids, if any, in waste electrical equipment and collection agents for the resulting waste.

(2) Storage and handling of waste electrical equipment containing dangerous substances, controlled substances or fluorinated greenhouse gases under other legislation7) must be carried out in such a way as to avoid damage to and escape parts containing these substances. Waste electrical equipment containing hazardous substances, controlled substances or fluorinated greenhouse gases shall be transported in such a way as to prevent damage or breakage and escape of these substances (8).

§ 8

Application form for registration in the List of Manufacturers

(1) The manufacturer or authorised representative shall submit an application for registration in the List of Manufacturers using the form set out in Annex 1 to this Order.

(2) The application for registration referred to in paragraph 1 shall be submitted separately for each type of product selected.

§ 9

Method of ensuring remote access to the List of Manufacturers for the purpose of amending and deleting the registered data and for entering data into the List of Manufacturers

(1) Upon registration in the List of Manufacturers, the manufacturer or the authorised representative shall receive, for the purpose of amending and deleting the registered data, individual login details enabling remote access to the List of Manufacturers.

(2) Following the issue of an authorisation to operate a collective system, the collective system operator shall receive login data enabling remote access to the List of Manufacturers for the purposes of entering product data and authorised representatives in the List of Manufacturers and for the purpose of amending and deleting registered data.

(3) Where, in accordance with the procedure laid down in Article 23 (1) of the Act, the Ministry of the Environment (hereinafter referred to as "the Ministry ') invites a person registered in the List of Manufacturers to provide evidence of the accuracy, trueness or completeness of the data changed, the person registered in the List of Manufacturers shall use a form, a model of which is set out in Annex 1 to this Order, in which he shall complete only those data which have changed.

(4) Login details referred to in paragraphs 1 and 2 shall not be included in the notification of registration in the list of manufacturers or in the issue of a collective scheme authorisation.

Scope and method of keeping records by the manufacturer and the collective scheme operator

§ 10

(1) The manufacturer shall keep a register of the quantities of selected products which he has placed on the market to at least the following extent:

(a) the quarter in which the selected product was placed on the market;

(b) the weight of one piece of the selected product placed on the market;

(c) the quantities of products marketed in pieces;

(d) a group of electrical equipment referred to in Annex 1 to the Act, stating that, in the case of electrical equipment belonging to Group 4, the register is kept separately as sub-groups 4a and 4b in accordance with Annex 5 to this Decree, a group of batteries or accumulators in accordance with Section 76 of the Act or a group of tyres in accordance with Annex 6 to the Act.

(2) In the case of portable batteries or accumulators weighing less than 5 grams, it is not necessary to keep a record within the scope of paragraph 1 (b); in that case, the record shall indicate that the battery or battery complies with this condition.

(3) The collective scheme operator shall keep a register of the quantities of selected products marketed by producers having a collective performance contract with it, to the minimum, as referred to in paragraphs 1 and 2, with the exception of paragraph 1 (b), where the collective scheme operator keeps records of the weight of products placed on the market which have been reported to it by each producer with which it has a collective performance contract.

(4) The manufacturer of retreaded tyres or a collective system operator which ensures the collective fulfilment of the obligations of tyre manufacturers shall keep the records referred to in paragraph 1 separately for new tyres placed on the market when the manufacturer places such tyres on the market and separately for retreaded tyres placed on the market by the manufacturer. This register also includes the quantities of tyres and waste tyres imported from abroad for the purpose of retreading them; the scope of keeping records referred to in paragraph 1 shall apply mutatis mutandis in this case.

(5) The first sentence of paragraph 4 of the retreaded tyre register shall not include tyres which are retreaded to the order of their owner.

§ 11

(1) A manufacturer carrying out obligations under the law in an individual scheme or collective scheme operator shall keep records of the flow of end-of-life retaken products from the point of recovery to the end-use point, including preparation for reuse, or disposal to the following extent:

(a) the date and number of the registration;

(b) the name and, where appropriate, the names of the person responsible for keeping the register;

(c) electrical equipment groups as referred to in Annex 1 to the Act for retrofitted electrical equipment, battery or accumulator groups as referred to in Section 76 of the Act for retrofitted batteries or accumulators or tyre groups as referred to in Annex 6 to the Act for retreaded tyres;

(d) the address of the removal point or the address of the premises of the last seller, where the end-of-life product has been withdrawn by the last seller or, where applicable, the name of the municipality, city district or part of the territorial division of the statutory town in whose territory the end-of-life product has been withdrawn, cannot indicate the address of any of those places,

(e) the weight of each end-of-life product group withdrawn from the site or territory referred to in (d);

(f) the weight of each end-of-life product group prepared for reuse;

(g) the identification details of the person who has been transferred to the extent specified in column 8 of Table 5 of Annex 2 to this Decree;

(h) the total weight of end-of-life products which have been passed on to the person referred to in (g) for processing, recovery or disposal; and

(i) the total mass of waste electrical equipment processed by individual processors in accordance with Table 5 of Annex 2 to this Decree.

(2) The records referred to in paragraph 1 shall be kept by manufacturers carrying out obligations under the law in an individual system and by operators of collective systems when they take back the end-of-life product from the point of collection, from the last seller or from the originator and when they hand over the end-of-life product to the processor. The quantity of end-of-life products processed by each processor shall be recorded by the manufacturer or the collective system operator at monthly intervals.

§ 12

Content elements and scope of the annual report on end-of-life products

(1) The model and content of the annual report on end-of-life products are set out in Annex 2 to this Regulation.

(2) The manufacturer of an electrical equipment that fulfils his obligations under an individual system or a collective system operator authorised to operate a collective system to ensure compliance with the obligations for the recovery, processing, recovery and disposal of waste electrical equipment shall send an annual report to the extent of Tables 1, 2A, 3A, 4A, 5, 6A, 7A, 8 and 10 of Annex 2 to this Decree.

(3) The collective system operator, which is entitled to operate a collective system to ensure the fulfilment of the obligations of solar power operators under Section 72 of the Act, or the person providing exclusively the fulfilment of the obligations of solar power operators with solar panels placed on the market until 1 January 2013, shall send an annual report to the extent specified in paragraph 2 and Tables 9 and 10 of Annex 2 thereto.

(4) The manufacturer of batteries and accumulators who perform his duties in an individual system or a collective system operator authorised to operate a collective system to ensure compliance with the obligations for the recovery, processing, recovery and disposal of waste batteries or accumulators shall send an annual report to the extent of Tables 1, 2B, 3B, 4B, 5, 6B, 7B, 8 and 10 of Annex 2 to this Regulation.

(5) The tyre manufacturer fulfilling its obligations in an individual system or a collective system operator authorised to operate a collective system to ensure compliance with the obligations for the recovery, treatment, recovery and disposal of waste tyres shall send an annual report within the scope of Tables 1, 2C I, 2C II, 3C, 4C, 5, 6C, 7C, 8 and 10 of Annex 2 to this Decree.

(6) Where a manufacturer places on the market several types of selected products and at the same time becomes obliged to send an annual report for several types of selected products, he shall report separately for each type of selected products.

§ 13

Minimum amount of bail for producers of solar panels fulfilling obligations in an individual system

The producer of solar panels placed on the market after 1 January 2013, which fulfils the obligation to recover, process and recover or dispose of the solar panels within an individual system, provides a deposit of at least CZK 8.50 per kilogram of solar panels before placing solar panels on the market.

§ 14

Application form for permission to draw funds from a special binding account

The application form for the permission of the Ministry to draw funds from a special binding account is set out in Annex 3 to this Order.

§ 15

Form for the application for authorisation to operate a collective scheme

The application form for authorisation to operate a collective scheme is set out in Annex 4 to this Decree.

§ 16

Verification of the accuracy and completeness of the data on the quantities of selected products placed on the market and declared by individual producers to the collective scheme operator

(1) The collective scheme operator is obliged to provide an annual audit of at least 15% by weight of the total quantity of selected products declared by the collective scheme operator by each manufacturer pursuant to Section 45 (1) (a) of the Act.

(2) The collective system operator shall ensure an audit of at least every 5 years for producers of electrical equipment, batteries or accumulators or tyres who place more than 1% of the selected products on the market annually of the total quantity reported by all producers of the type of product selected by the collective system operator for that year.

(3) The collective scheme operator shall not carry out the audit referred to in paragraphs 1 and 2 in relation to solar panels placed on the market until 1 January 2013.

§ 17

Verification of the accuracy and completeness of the data on the quantities of end-of-life products that have been withdrawn, picked up, processed or otherwise handled

The collective system operator shall ensure the verification of the accuracy and completeness of data on the quantities of end-of-life products that have been withdrawn, seduced, processed or otherwise handled, including data on the handling of such end-of-life products, reported by the collective system operator by persons under Section 50 (1) (c) of the Act, with the exception of the operators of the disposal sites, by ensuring an annual audit of at least 15% of the weight of processed end-of-life products. The audit shall also include verification of the level of use achieved.

ČÁST TŘETÍ

ELECTRICITY, ELECTRICITY NOTIFICATION AND CALCULATION OF LEVELY USE OF THE LEVEL ELECTRATION

§ 18

Electrical equipment sub-groups

(1) The sub-groups of electrical equipment which fall within the different categories of electrical equipment referred to in Annex 1 to the Act are listed in Annex 5 to this Decree.

(2) In case of doubt as to the classification of electrical equipment in groups, it is crucial for which purpose the electrical equipment is intended or for which purpose similar electrical equipment is usually intended if the purpose of the use cannot be determined or there is no accompanying documentation which determines the purpose of the use of the electrical equipment.

§ 19

Means of labelling of electrical equipment

(1) Electrical equipment placed on the market after 13 August 2005 shall bear the identification of the manufacturer and the symbol of placing on the market.

(2) The manufacturer's identification on the electrical equipment is carried out

(a) by marking the name and surname of the company;

(b) an indication of the mark under which the manufacturer imports or places the electrical equipment on the market and which he indicates in the application for registration; or

(c) the manufacturer's registration number in the list of manufacturers.

(3) The labelling shall be made by means of the symbol for placing on the market after 13 August 2005.

(a) dates of manufacture or placing on the market;

(b) the symbol "8 / 05"; or

(c) the graphic symbol in accordance with model No 1 in Annex 6 to this Decree.

(4) The marking of the electrical equipment for the purpose of the re-collection of the electrical equipment shall be made by marking the graphic symbol in accordance with the model No 1 or No 2 in Annex No 6 to this Decree.

(5) The marking of the electrical equipment referred to in paragraphs 1 to 4 shall be placed on the electrical equipment in such a way that it is visible, legible and indelible during normal use.

(6) Where the marking referred to in paragraphs 1 to 4 cannot be placed directly on the electrical equipment, it shall be indicated in the accompanying documentation.

§ 20

Method for calculating the level of use of waste electrical equipment

(1) For the purpose of complying with the obligation laid down in Article 68 (1) (c) of the Act, the level of use of waste electrical equipment shall be calculated for each group of electrical equipment as a proportion of the weight of waste which, after the proper selective treatment of waste electrical equipment pursuant to Article 21 (3), enters a recycling or recovery facility, including preparation for reuse, and the total weight of recovered electrical equipment in each group of electrical equipment. The percentage thus calculated shall be expressed as a percentage.

(2) The use of waste electrical equipment referred to in paragraph 1 shall not include activities prior to the recycling or recovery of waste electrical equipment, such as storage or treatment.

ČÁST ČTVRTÁ

REQUIREMENTS FOR PROCESSERS AND PROCESSING OF WASTE ELECTRATION

§ 21

Technical requirements for disassembly, concentration, storage and treatment of waste electrical equipment

(1) Equipment for the treatment of waste electrical equipment must be equipped with:

(a) appropriate equipment to determine the mass of waste electrical equipment processed;

(b) a reinforced floor which is impermeable to the leakage of dangerous substances and, where waste electrical equipment is concentrated on the floor's open surface, also a device to collect the leakage of dangerous substances when contained in waste electrical equipment;

(c) suitable containers for concentrating batteries, accumulators and capacitors containing polychlorinated bipheny9) and other hazardous wastes such as radioactive waste (10);

(d) an appropriate storage area for the parts and components being dismantled; and

(e) equipment for the treatment of waste water in accordance with the requirements of the legislation governing the indicator and the values of the permissible pollution of surface water and waste water, the formalities for the authorisation to discharge waste water into surface water and sewerage and sensitive areas 11).

(2) Waste electrical plant processors are required to:

(a) to proceed with the concentration, storage, dismantling and treatment of waste electrical equipment in accordance with the procedures laid down by the selected technical standards of the Office for Technical Standardisation, Metrology and State Testing in accordance with Annex 7 (1) to this Decree;

(b) to classify and classify excluded and disassembled parts of waste electrical equipment under the individual numbers set out in Table 1 of Annex 8 to this Regulation by species;

(c) use only technologies intended for the treatment of waste electrical equipment to ensure that environmental substances are not leaked.

(3) During the dismantling of waste electrical equipment, waste electrical equipment processors shall continue to operate in accordance with the operating order of the equipment and, preferably, remove the following parts and materials from the waste electrical equipment:

(a) capacitors containing polychlorinated biphenyls;

(b) components containing mercury, such as switches or fluorescent lamps for underwater display lighting;

(c) batteries and accumulators,

(d) printed communications from mobile phones in general or from other devices, if the surface of the printed connection is more than 10 cm2;

(e) ink cartridges, toner cartridges for liquid and paste cartridges, as well as colour toners,

(f) plastics containing brominated flame retardants;

(g) asbestos waste and components containing asbestos;

(h) screens,

(i) controlled substances (12), fluorinated greenhouse gases (13) and hydrocarbons and parts and materials thereof,

(j) ammonia and water solution for absorption refrigerators;

(k) all other liquids, in particular oils and corrosive substances;

(l) discharge lamps and fluorescent lamps,

(m) liquid crystal displays with an area of more than 100 cm2, preferably together with a housing, and all displays backlit with lamps;

(n) external electrical cables,

(o) components containing refractory ceramic fibres,

(p) components containing radioactive substances which are further handled under the atomic code (10);

(q) electrolytic capacitors with a height of 25 mm and a diameter of 25 mm or a comparable volume.

(4) Parts, components and materials preferably disassembled from waste electrical equipment referred to in paragraph 3 must be recovered or disposed of in accordance with the directly applicable European Union and other legislation governing the management of hazardous substances contained therein (14). The above parts, materials and components shall be removed or used in accordance with the Waste Act or the ODP and fluorinated greenhouse gas Act (15).

(5) For selected waste electrical equipment, processors are required to:

a) remove from the screens a layer of luminophores, getter plates and electron source;

(b) from waste electrical equipment containing controlled substances or fluorinated greenhouse gases in insulating foams or cooling circuits, properly suck these gases out and dispose of them in accordance with the law on substances that deplete the ozone layer and on fluorinated greenhouse gases (16);

Citation	Decree No. 16 / 2022 Coll., on the details of handling certain end-of-life products
Regulation Type	-
Author	-
Collection	Code of Laws

Date of Promulgation	28.01.2022
Effective from	01.02.2022
Effective until	-
Status	Valid

Decree No. 16 / 2022 Coll.

Order on details of handling certain end-of-life products

Contents