Decree No. 178 / 2013 Coll.
Decree amending Decree No 352 / 2005 Coll., on the details of the management and financing of electrical equipment and electrical waste (Ordinance on the management of electrical equipment and electrical waste), as amended
Valid
Order
Effective from 28.06.2013
Text versions:
28.06.2013
178
DECLARATION
of 24 June 2013
amending Decree No 352 / 2005 Coll., on the details of the management and financing of electrical equipment and electrical waste (Ordinance on the management of electrical equipment and electrical waste), as amended
The Ministry of the Environment, after consulting the Ministry of Finance, provides pursuant to Sections 37h (3), 37i (7) and 37p (4) of Act No. 185 / 2001 Coll., on Waste and on the amendment of certain other laws, as amended by Act No. 7 / 2005 Coll. and Act No. 165 / 2012 Coll., ("the Act '):
Decree No 352 / 2005 Coll., on the details of the management and financing of electrical equipment and electrical waste (Ordinance on the Management of Electrical Equipment and Electrical Waste), as amended by Decree No 65 / 2010 Coll., Decree No 285 / 2010 Coll., Decree No 158 / 2011 Coll. and Decree No 249 / 2012 Coll., is amended as follows:
1. In the introductory sentence of the Decree, the words ", Article 37p (4) 'shall be inserted after the words" Paragraph 37o (2)'.
2. in Article 1 (1), point (f) is deleted;
Points (g) to (j) shall be renumbered as points (f) to (i).
3. In Article 1, at the end of paragraph 2, the dot is replaced by a comma and the following points (d) and (e) are added:
"(d) the detailed conditions for financing the separate collection, processing, recovery and disposal of electrical waste from solar panels pursuant to Article 37p (1) of the Act, including the method for calculating the minimum amount of funds deposited in the dedicated bank account and the way in which they are drawn up, and the method for calculating the minimum amount of contributions and their handling;
(e) closer financing conditions under Article 37p (2) of the Act, including how to calculate the minimum amount of contributions and how to handle them. "
4. In Article 5, the following paragraph 10 is inserted after paragraph 9:
"(10) In the proposal for the inclusion of a collective scheme operator in the List for the financing of the management of solar panel electrical waste, it shall be demonstrated that the contributions to the proposed amount include all expected future costs of ensuring the transfer for processing, recycling and separate collection, processing, recovery and disposal of solar panels. '
Paragraph 10 shall become paragraph 11.
5. In Article 5 (11), the words "except for the fulfilment of obligations under Article 37p of the Act 'shall be inserted after the words" through a collective scheme'.
6. In Article 6, the current text becomes paragraph 1 and the following paragraph 2 is added:
"(2) A separate annex to the annual report referred to in paragraph 1 processed by the collective system operator which provides financing for the transfer for the processing, recovery and disposal of electrical waste from solar panels pursuant to Section 37p (2) of the Act, including the fulfilment of these obligations, shall be a list of the operators of solar power stations for which the collective system operator ensures compliance with the obligations under Section 37p (2) of the Act. That list shall include:
(a) the name and surname, name or business name of the solar power station operator;
(b) the address of the owner of the solar power plant;
(c) the identification number and licence number of the solar power plant operator for the production of electricity;
(d) the mass and installed power of all solar panels placed on the market until 1 January 2013 in each solar power plant for which its operator has agreed to fulfil its obligations under Section 37p (2) of the Act under a contract with a collective scheme operator;
(e) the amount of contributions collected in a given calendar year from the solar power plant operator;
(f) the weight of electrical waste from solar panels placed on the market until 1 January 2013 which has been recovered or separately collected in a given calendar year from each solar power station for which the collective system operator ensures that the obligations of the solar power plant operator under Section 37p (2) of the Act are fulfilled;
(g) the weight of electrical waste from solar panels placed on the market until 1 January 2013, which has been processed in a given calendar year from each solar power plant for which the collective system operator ensures compliance with the obligations of the solar power plant operator under Section 37p (2) of the Act;
(h) the amount of money spent in a given calendar year in discharging obligations under Article 37p (2) of the Act under the collective scheme. ';
7. Article 7 shall be deleted;
8. The following Sections 14a to 14c are inserted after Section 14, including the headings and footnotes No 14 to 16:
Further financing conditions for the management of electricity from solar panels placed on the market after 1 January 2013
(1) A manufacturer who fulfils the obligations laid down for the management of electrical waste from solar panels placed on the market after 1 January 2013 under an individual or solidarity system imposes money into an earmarked bank account under Section 37p (1) of the Act before the solar panel is placed on the market. The minimum amount of these funds shall be calculated by the manufacturer as a multiple of the weight of the solar panels that he places on the market during the period and the rates calculated in accordance with Annex 10 to this Decree.
(2) The model of the request for the approval of the Ministry for the use of funds from an assigned bank account is set out in Annex 9 to this decree.
(3) In the annual report referred to in Article 6, the manufacturer shall specify the accounts of the deposited and collected funds from the assigned bank account.
(4) The minimum amount of the contributions of producers fulfilling the obligations laid down for the management of electricity from solar panels placed on the market after 1 January 2013 under the collective scheme shall be determined by the collective scheme operator in such a way as to correspond to a multiple of the mass of solar panels placed on the market by the manufacturer during the period in question and to the rates calculated in accordance with Annex 10 to this Regulation. The funds collected by the collective scheme operator from producers which, under this collective scheme, fulfil the obligations under Article 37p (1) of the Act and the proceeds thereof may be used exclusively to ensure the financing of the recovery, separate collection, processing, recovery and disposal of electrical waste from solar panels that has been recovered and separately collected in the Czech Republic, including the necessary administrative costs associated with the fulfilment of these obligations. Cross-financing between the activities of the management of electricity from solar panels placed on the market after 1 January 2013 and the other activities of the collective scheme operator is not permitted.
(5) In the event of the cancellation of a collective scheme operator not taking over the obligations relating to the management and financing of electrical waste from solar panels pursuant to Article 37p (1) of the Act, the funds collected from manufacturers who fulfil the obligations under Article 37p (1) of the Act, including their revenues, may be transferred only to another collective system which takes over the performance of those obligations of the manufacturer or to the manufacturer established an assigned bank account in respect of the funds collected from that producer.
Further financing conditions for the management of electricity from solar panels placed on the market until 1 January 2013
(1) The minimum aggregate amount of the contributions to the financing of the management of electricity from solar panels placed on the market until 1 January 2013 is calculated as a multiple of the weight of all solar panels in each solar power plant for which its operator has a contract with the collective scheme operator pursuant to Article 37p (2) of the Act and the rates calculated in accordance with Annex 10 to this Decree.
(2) The funds collected from the solar power plant operators in the framework of the performance of their obligations under Article 37p (2) of the Act and the proceeds of their temporary investment may be used exclusively to ensure the financing of the transfer for the processing, recovery and disposal of electricity from those solar panels for which the funds were intended, including the necessary administrative costs associated with the fulfilment of these obligations. Cross-financing between the activities of the management of electricity from solar panels placed on the market until 1 January 2013 and other activities of the collective scheme operator is not permitted.
(3) The collective scheme operator shall manage the funds obtained from contributions under Article 37p (2) of the Act in order to ensure the controllability of their management, in particular separately from other funds and separately from the funds obtained from contributions to the financing of the management of electricity from solar panels placed on the market after 1 January 2013. The collective system operator imposes all contributions collected from the solar power plant operators pursuant to Section 37p (2) of the Act on a special bank account in a bank located in the Czech Republic or in a branch of a foreign bank in the Czech Republic. An overview of the status of this account is part of the annual report according to Section 6.
(4) The funds deposited in the bank account referred to in paragraph 3 may be temporarily invested before being used for the direct fulfilment of obligations under Paragraph 37p (2) of the Act in:
(a) bonds issued by the Czech Republic or the Czech National Bank;
(b) bonds or similar securities representing the right to repayment of an amount due, the issuer of which is another Member State of the European Union or a Member State of the Organisation for Economic Cooperation and Development (OECD) or a central bank of that State, and whose rating or rating of their issuer, as the case may be, is among the five best rating categories of long-term liabilities at the investment grade of a reputable credit rating agency (14) or among comparable rating categories of other recognised credit rating agencies (15) and is issued by a recognised credit rating agency;
(c) bonds or similar securities representing the right to repayment of the amount due, the European Financial Stability Fund, the European Central Bank, the World Bank, the International Monetary Fund or any other international financial institution whose liabilities are guaranteed by the States that are its members, and which the Czech National Bank shall enter on the list it maintains;
(d) money market instruments the issuer of which is the Czech Republic or the Czech National Bank.
(5) The description of the investment, its amount and its duration are part of the annual report referred to in Article 6. The funds temporarily invested in accordance with paragraph 4, including the proceeds thereof, shall be transferred back to the bank account referred to in paragraph 3.
(6) In the event of the cancellation of a collective system operator, in which the liabilities relating to the management and financing of electricity waste from solar panels are not taken over under Section 37p (2) of the Act, the funds collected from the solar power plant operators, including the proceeds from their temporary investment, may be transferred only to another collective system which takes over the provision of the obligations of the solar power plant operator under Section 37p (2) of the Act.
(7) On the basis of the above, the Commission concludes that the measures provided for in this Decision are compatible with the internal market. Any difference shall be settled between the collective system operator and the solar power plant operator by returning to the solar power plant operator, within one month of the submission of the interim financial settlement, the surplus on the part of the contributions received and the proceeds from their temporary investment, or by charging a supplement to cover the costs incurred with maturity within the same period. In the same way, the collective system operator and the solar power plant operator shall carry out the following interim financial settlement after ensuring compliance with the first sentence to two thirds of the total weight of all solar panels placed on the market until 1 January 2013 from each solar power station and final financial settlement after full compliance with those obligations.
Breakdown of costs and revenues related to the financing of the management of electrical waste from solar panels
(1) The collective scheme operator shall break down costs and revenues according to the purpose for which they have been incurred or related. This breakdown is at least detailed enough to allow
(a) separate monitoring of the financing of the management of electricity from solar panels and other activities of the collective scheme operator;
(b) verification that there is no cross-financing between the activity of the management of electricity from solar panels and other activities of the collective system operator;
(c) separate monitoring of the revenues from the contributions of individual producers and separate monitoring of the revenues from the contributions of each solar power plant operator;
(d) separate monitoring of the costs of transmission for the processing of solar panels from individual operators of solar power stations which fulfil the obligations under Section 37p (2) of the Act; and
(e) separate monitoring of the performance of obligations under § 37p (1) and § 37p (2) of the Act.
(2) For the breakdown of costs and revenues referred to in paragraph 1, the collective scheme operator shall base its valuation under the Accounting Act (16).
14) Paragraph 93 (6) (g) of Act No. 427 / 2011 Coll., on Supplementary Pension Savings, as amended.
15) Paragraph 93 (6) (h) of Act No. 427 / 2011 Coll., as amended.
16) Act No. 563 / 1991 Coll., on Accounting, as amended. '
9. In Annex 1, point 4, including the title:
"4 Consumer equipment and solar panels
4a Consumer facilities
4.1 Radio sets (radio-telephones, radio-recorders)
4.2 Television
4.3 Video cameras
4.4 Video recorders
4.5 Hi- fi recorders
4.6 Audio amplifiers
4.7 Musical instruments
4.8 Other articles or equipment for recording or reproducing sound or images, including signals or technology for the dissemination of sound or images other than telecommunications (consumer devices) in other sub-groups
4b Solar panels'.
10. Annex 2 shall read as follows:
"Annex No 2 to Decree No 352 / 2005 Coll.
Application for registration of manufacturers in the list for individual and solidarity system
"
11. Annex 3 shall read as follows:
"Annex No 3 to Decree No 352 / 2005 Coll.
Application for registration of producers in the collective system list
"
12. Annex 5 shall be deleted;
13. Annex 9 shall read:
"Annex 9 to Decree No 352 / 2005 Coll.
Model application for approval of the Ministry of Environment using funds from a dedicated bank account established by the manufacturer for the purpose of financing the management of electrical waste
"
14. the following Annex 10 is added:
"Annex No 10 to Decree No 352 / 2005 Coll.
How to calculate the minimum amount of contributions and how to calculate the minimum amount of funds deposited in the dedicated bank account to finance the management of solar panel electrical waste
The minimum amount of the contribution of the manufacturer which fulfils the obligations under Section 37p (1) of the Act under the collective scheme and the minimum amount of the total contribution of the solar power plant operator which fulfils the obligations under Section 37p (2) of the Act (hereinafter referred to as the "minimum amount of contributions') and the minimum amount of the money deposited on the dedicated bank account to ensure the financing of the management of electricity from solar panels shall be determined in such a way as to cover all the expected costs of the transfer for processing, recovery, separate collection, transport, processing, recovery and disposal of the expected amount of electrical waste from solar panels and of associated records, depending on the weight of electricity from solar panels. For solar panels placed on the market after 1 January 2013, their weight shall be determined by the actual weight of these panels. For solar panels placed on the market until 1 January 2013 which form part of a solar power plant, their weight shall be determined using the formula:
M = P × K
in which:
M represents the mass of solar panels installed in a solar power station for the purpose of calculating the minimum amount of the contribution in kg.
The power of the solar power plant under the licence for the production of electricity in this solar power plant issued by the Energy Regulatory Authority indicated in watts (Wp).
K represents the average weight of the solar panel per unit of power; This average mass is 0,11 kg.
The actual amount of the anticipated costs of the manufacturer and the collective scheme operator shall be evidenced by:
• the estimated total quantity of solar panels recovered and collected separately,
• the estimated number of points of collection and separate collection,
• contracts with operators of the points of collection and separate collection, indicating the price for ensuring the recovery and separate collection;
• contracts with processors indicating the price for processing solar panels,
• contracts with carriers with an indication of the price of shipping panels.
The rate for calculating the minimum amount of contributions and the minimum amount of funds deposited in an assigned bank account shall be calculated using the formula:
S = Nose + Npr + Nadm- Pds
in which:
S is equal to the rate for calculating the minimum amount of contributions and the minimum amount of money deposited on the assigned bank account per kilogram of the weight of the electrical waste from the solar panels.
The nose is equal to the expected cost of
• the recovery and separate collection of 1 kilogram of electrical waste from solar panels, including the cost of setting up and operating the collection and collection sites in sufficient availability within the Czech Republic in accordance with Section 37k (6) of the Act as regards solar panels placed on the market after 1 January 2013,
• transmission for processing as regards solar panels placed on the market by 1 January 2013. The point of transmission for processing shall be the point of recirculation and / or separate collection or a solar power plant, where this is provided for by a contract between the collective system operator and the solar power plant operator, and where, in the case of the collection (concentration) of solar panels intended to be transferred for processing at the point of the solar power plant, the requirements for collecting (concentration) waste pursuant to a special legislation2 are met.
For example, the expected costs of transporting 1 kilogram of electrical waste from solar panels from the point of collection and separate collection or from the point of transmission for processing as regards solar panels placed on the market until 1 January 2013 to the processor of electrical waste from solar panels, including the provision of storage of electrical waste from solar panels before processing, loading and unloading, and the cost of operating sites where solar panels will be collected and stored before transmission to the processor.
It is equal to the estimated cost of processing 1 kilogram of electrical waste from solar panels using the best available techniques, including the cost of recovery and disposal of recovered material components, including cabling, junction boxes and voltage converters.
The costs of processing electrical waste from solar panels shall be determined in such a way that:
• the use of electricity from solar panels in the range of at least 85% of its average weight and the preparation for reuse and recycling of electricity from solar panels in the range of at least 80% of its average weight;
• The management of electrical waste from solar panels has been financially ensured even if secondary raw materials and energy prices fall.
The above is equal to the expected administrative costs associated with the direct fulfilment of the obligations of the manufacturer or the solar power plant operator pursuant to the provisions of Part Four, Title II, Section 8 of the Act per kilogram of the electrical waste from solar panels (e.g. the operation of a control centre for the removal of panels from the point of collection and separate collection, reporting and accounting, and the provision of control mechanisms for the system and its participants - producers, solar power operators, collective system operators, operators of electrical waste treatment facilities).
Pds is equal to the expected revenue from the sale of secondary raw materials obtained from the processing of 1 kilogram of electrical waste from solar panels.
The minimum rate for the calculation of the minimum aggregate amount of contributions of the solar power plant operator, which fulfils the obligations under Section 37p (2) of the Act, and the minimum amount of money deposited in the bank account assigned to it is CZK 8.50. "
Transitional provisions
1. Settlement of deposited and collected funds from an assigned bank account pursuant to § 14a (3) of Decree No 352 / 2005 Coll., as effective after the date of entry into force of this Order, shall be indicated for the first time by the manufacturer in the annual report on the fulfilment of obligations for the calendar year 2013.
2. The person registered in the List of Manufacturers of Electrical Equipment under the legislation, as effective before the date of entry into force of this Decree, as the operator of the collective system for the financing of the management of electrical waste from solar panels or the producer of solar panels shall notify the Ministry of the change of the data resulting from the adoption of this Decree in accordance with the procedure laid down in Article 37i (4) of the Act, and shall be deemed to be the date of implementation of this amendment on 31 October 2013.
Efficacy
This decree shall take effect on the day of its publication.
Minister:
Mgr. Chalupa v. r.
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Regulation Information
| Citation | Decree No 178 / 2013 Coll., amending Decree No 352 / 2005 Coll., on the details of the management and financing of electrical equipment and electrical waste (Ordinance on the management of electrical equipment and electrical waste), as amended |
|---|---|
| Regulation Type | Order |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 28.06.2013 |
|---|---|
| Effective from | 28.06.2013 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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