Decree No. 170 / 2010 Coll.
Decree on batteries and accumulators and amending Decree No. 383 / 2001 Coll., on Details of Waste Management, as amended
Valid
Effective from 15.06.2010
Contents
170
DECLARATION
of 21 May 2010
on batteries and accumulators and amending Decree No. 383 / 2001 Coll., on details of waste management, as amended
According to § 31b (4), § 31c (2), § 31e (11), § 31f (2), § 31g (1) (c), § 31h (4), § 31m (5) and § 31n (8) of Act No. 185 / 2001 Coll., on waste and on the amendment of certain other laws, as amended by Act No. 188 / 2004 Coll., Act No. 314 / 2006 Coll. and Act No. 297 / 2009 Coll. (hereinafter "the Act '):
Subject matter
This decree implements the relevant provisions of the European Union1) and provides for:
(a) the way in which persons importing batteries or accumulators demonstrate compliance with the prohibition on placing on the market or putting into circulation batteries or accumulators with an excess quantity of mercury and cadmium at the customs office;
(b) details of the labelling of batteries and accumulators;
(c) a model of the application for registration in the list of manufacturers;
(d) the content and scope of the annual report on batteries and accumulators;
(e) the technical requirements for the point of collection of used automotive batteries or accumulators;
(f) a model application for authorisation to operate a collective scheme; and
(g) conditions for financing the management of portable batteries and accumulators.
Means of proving compliance with the conditions laid down for placing batteries or accumulators on the market or putting into circulation at the customs office
The person importing batteries or accumulators shall demonstrate to the customs office compliance with the conditions for placing batteries or accumulators on the market or putting into circulation by submitting a technical dossier.
Details of battery or accumulator labelling
(1) Batteries, accumulators and power sets shall be marked with the graphic symbol set out in Annex 1 to this Decree for the purpose of recollection and separate collection.
(2) The graphic symbol referred to in paragraph 1 shall occupy at least 3% of the area of the largest side of the battery, battery or supply set, but not more than 5 × 5 cm and, in the case of cylindrical cells, at least 1,5% of the total area of the battery or battery and not more than 5 x 5 cm.
(3) Batteries, accumulators and supply sets need not be marked in accordance with paragraphs 1 and 2 if the dimensions of the graphic symbol are less than 0,5 × 0,5 cm; in this case they must be marked with the graphic symbol referred to in paragraph 1 with dimensions of at least 1 × 1 cm of their sales packaging (2) and in the case of batteries or accumulators incorporated into or attached to the electrical equipment (2).
(4) The presence of heavy metal in batteries, accumulators and button cells is known as the chemical symbol Hg for mercury, Cd for cadmium and Pb for lead. The chemical symbol shall be printed under the graphic symbol and shall cover at least one quarter of the area of the graphic symbol.
(5) The marking referred to in paragraphs 1 to 4 shall be made by means of a label or durable printing, or by means of plastic as a depth or pitch, visible, legible and indelible in the normal use of batteries or accumulators and the colour of the marking and its contrast to the ground shall be chosen in such a way that the marking is visible and identifiable.
Model of application for registration in the List of Manufacturers
The model of the application for registration in the List of Manufacturers is set out in Annex 2 to this Order.
Content elements and scope of annual report on batteries and accumulators
The contents and the scope of the annual report on batteries and accumulators are set out in the template for the annual report on the fulfilment of the obligations for the re-collection and separate collection of batteries and accumulators set out in Annex 3 to this Regulation.
Technical requirements for the point of collection of used automotive batteries or accumulators
Instead of recalculating used automotive batteries or accumulators, they shall be at least roofed and have an impermeable surface resistant to electrolyte action or be equipped with containers or containers for disposal of used automotive batteries or accumulators, which shall be resistant to chemical, atmospheric and mechanical damage and shall be mechanically secured against opening, displacement or rollover.
Model application for authorisation to operate a collective scheme
The model of the application for authorisation to operate a collective scheme is set out in Annex 4 to this Decree.
Conditions for financing the management of portable batteries and accumulators
(1) A manufacturer fulfilling the obligations under § 31k (1) (a) or (b) of the Act shall provide a guarantee under § 31g (1) (c) of the Act by setting up a tied bank account to which it will deposit cash equivalent to the expected costs of the recovery, processing, recovery and disposal of waste portable batteries and accumulators to be withdrawn in the period from the manufacturer's registration to the manufacturer's list by the end of the calendar year. The estimated quantity of batteries and accumulators withdrawn shall not be less than the quantity corresponding to the level of recovery referred to in Article 31 (o) of the Act from the quantities marketed for the same period.
(2) The manufacturer shall deposit in the tied bank account referred to in paragraph 1 each subsequent calendar year, no later than 15 March at the latest, cash equivalent to the expected cost of the recovery, processing, recovery and disposal of waste portable batteries or accumulators to be recovered in that calendar year. The estimated quantity of batteries and accumulators withdrawn shall not be less than the quantity corresponding to the level of recovery referred to in Article 31 (o) of the Act from the quantities marketed for the previous calendar year.
(3) The amount of funds in the manufacturer's tied bank account shall not exceed five years from the date of the manufacturer's entry in the List, at the latest, reach the expected cost of the re-collection, processing, recovery and disposal of portable waste batteries or accumulators in a quantity corresponding to the level of re-collection referred to in Article 31 (o) of the Act, should the manufacturer have ceased to exist.
(4) The manufacturer shall submit to the Ministry no later than 31 March of each calendar year a quantification of the quantities of portable batteries or accumulators recovered in the preceding calendar year and the amount of the costs necessary for their recovery, processing, recovery and disposal, including the identification of the records from which that information was obtained and an indication of the application for the release of a specific amount of funds in a tied bank account, taking into account the fulfilment of paragraph 3. The Ministry may invite the manufacturer to supplement the data or to demonstrate the facts indicated.
(5) Interest on funds in the manufacturer's bank account is also cash to ensure the financing of the recovery, processing, recovery and disposal of waste portable batteries or accumulators.
(1) The financing of the costs of the recovery, treatment, recovery and disposal of waste portable batteries or accumulators by means of a collective system pursuant to § 31k (1) (c) of the Act is provided by means of contributions from manufacturers in order to ensure that all financial risks which would otherwise be covered by the producer under § 31k (1) and (2) of the Act are covered, including the risk of the disappearance of the producer under § 8 (3).
(2) The collective system operator may, in order to ensure the financing of any future obligations relating to the financing of the recovery, processing, recovery and disposal of waste portable batteries or accumulators placed on the market by the manufacturers concerned and the corresponding share of the information campaigns referred to in paragraph 7, collect from the producers the contribution referred to in Article 31n (3) of the Act before the placing on the market of portable batteries or accumulators.
(3) The collective scheme operator shall determine the method of payment of the contribution under Paragraph 31n (3) of the Act, in particular the period for which the contribution is paid, its maturity, the rate of contribution and the method for determining the actual amount of the contribution of the manufacturer.
(4) The payment of the contribution to the eligible collective scheme operator shall be considered to ensure that the manufacturer covers all financial risks associated with the recovery, processing, recovery and disposal of waste portable batteries or accumulators.
(5) The amount of the manufacturer's contribution shall be determined by multiplying the estimated number of units or kilograms of portable batteries or accumulators placed on the market by the manufacturer during the period determined in accordance with paragraph 3 and the rate of the contribution.
(6) The rate of the allowance shall be determined taking into account the amount of the estimated costs of the recovery, processing, recovery and disposal of one piece or kilogram of portable batteries or accumulators and the proportion of the manufacturer's information campaigns per unit or kilogram of portable batteries or accumulators and the time period for which the contribution is paid.
(7) Any revenue from funds obtained from contributions from manufacturers shall be used to finance the recovery, processing, recovery and disposal of portable batteries or accumulators.
Transitional provisions
(1) Manufacturers registered in the List of Manufacturers before the date of entry into force of this Order shall draw up an annual report on batteries and accumulators for the period from the beginning of 2010 to the date of entry into force of this Order in accordance with existing legislation.
(2) Manufacturers that were entered in the List of Manufacturers before the date of entry into force of this Order shall, pursuant to Article 8 (1) of this Order, deposit in a bank account a cash equivalent to the expected cost of the recovery, processing, recovery and disposal of waste portable batteries or accumulators, which shall be recovered within the period from the date of entry into force of this Order until the end of the calendar year, and shall submit for that period in the following calendar year the quantity of portable batteries or accumulators recovered and the amount of the costs necessary for their recovery, processing, recovery and disposal pursuant to Article 8 (4).
Amendment of the Waste Details Order
In Decree No 383 / 2001 Coll., on the details of waste management, as amended by Decree No 41 / 2005 Coll., Section 16, including the title and footnotes No 10, 10a and 10b, is deleted.
Efficacy
This Decree shall take effect on the 15th day following its publication.
Minister:
Bízková v. r.
Příloha č. 1
Annex No. 1 to Decree No. 170 / 2010 Coll.
Model of graphic symbol for marking batteries and accumulators for the purpose of recollection and separate collection
Příloha č. 2
Annex No 2 to Decree No. 170 / 2010 Coll.
Model of application for registration of manufacturers in the List of Manufacturers
Příloha č. 3
Annex No. 3 to Decree No. 170 / 2010 Coll.
Annual report on the fulfilment of the obligations for the recovery and separate collection of batteries and accumulators
Příloha č. 4
Annex No. 4 to Decree No. 170 / 2010 Coll.
Model application for authorisation to operate a collective scheme
1) Directive 2006 / 66 / EU of the European Parliament and of the Council of 6 September 2006 on batteries and accumulators and waste batteries and accumulators and repealing Directive 91 / 157 / EU.
2) Paragraph 2 (a) (1) of Act No. 477 / 2001 Coll., on Packaging and on the Amendment of Certain Acts (Law on Packaging), as amended by Act No. 94 / 2004 Coll. and Act No. 66 / 2006 Coll.
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Regulation Information
| Citation | Decree No. 170 / 2010 Coll., on batteries and accumulators and amending Decree No. 383 / 2001 Coll., on details of waste management, as amended |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 31.05.2010 |
|---|---|
| Effective from | 15.06.2010 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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