Decree No. 200 / 2014 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
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Order
Effective from 01.10.2014
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200
DECLARATION
of 19 September 2014
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
According to § 37f (6), § 37h (4), § 37i (8), § 37l (7), § 37m (4), § 37n (5), § 37r (7) and § 39 (11) 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. 7 / 2005 Coll., Act No. 34 / 2008 Coll., Act No. 165 / 2012 Coll., Act No. 169 / 2013 Coll.
Decree No 352 / 2005 Coll., on 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., Decree No 249 / 2012 Coll. and Decree No 178 / 2013 Coll., is amended as follows:
1. In Paragraph 1 (1) of the Introductory Part of the Provisions, the words "European Community1) 'are replaced by the words" European Union1'.
Footnote 1:
"(1) Directive 2012 / 19 / EU of the European Parliament and of the Council of 4 July 2012 on waste electrical and electronic equipment (WEEE).";
2. in Article 1 (1) (a), "the list of products" shall be replaced by "the sub-group of electrical equipment."
3. in Article 1 (1), the following point (d) is inserted after point (c):
"(d) the extent and manner of keeping records of the flow of electrical equipment recovered and of the electrical waste collected separately;"
Points (d) to (i) shall be renumbered as points (e) to (j).
4. In Paragraph 1, the dot is replaced by a comma at the end of paragraph 1 and the following point (k) is added:
"(k) the method of calculating the level of recovery of electrical waste."
5. in Article 1, the following paragraph 3 is added:
"(3) Furthermore, for the purposes of cross-border transport of used electrical equipment, this decree provides:
(a) the method of verification and demonstration of the functionality of the electrical equipment used;
(b) the scope of the documentation referred to in Article 37r (4) of the Act and the list of other documents attached to the cargo of the electrical equipment used, including the method of its attachment;
(c) a list of electrical equipment containing dangerous substances which must not be transported as used. ';
6.
Electrical equipment sub-groups
(1) The sub-groups of electrical equipment falling within the different groups set out in Annex 7, Part I to the Act are listed in Annex 1, Part I, to this Decree.
(2) The sub-groups of electrical equipment falling within the different groups set out in Annex 7, Part II, to the Act are listed in Annex 1, Part II, to this Decree.
(3) In case of doubt as to the classification of electrical equipment in groups, it shall be decisive for which purpose the manufacturer has determined the use of the electrical equipment or for which purpose the electrical equipment is or was normally intended if the electrical equipment manufacturer no longer exists or no accompanying documentation exists that determines the purpose of the use of the electrical equipment. ';
7. Paragraph 5 (1) reads as follows:
"(1) Manufacturers of electrical equipment carrying out obligations under an individual or solidarity system shall submit an application for registration using a form the model of which is given in Annex 2 to this Decree. Manufacturers of electrical equipment who perform their duties through a collective system operator not yet registered in the List for a given group of electrical equipment shall submit a registration proposal together with that operator on a form, a model of which is given in Annex 3 to this Decree. For the purposes of this provision, the manufacturer shall also be the authorised representative under Section 37q of the Act. '
8. Paragraph 5 (7) reads as follows:
"(7) The entry of a collective system operator which provides financing for the management of historical electrical equipment shall be made to the List in the same way as the entry of a collective system operator which provides financing for the management of electrical equipment from households placed on the market after 13 August 2005. ';
9. In Article 5, paragraphs 8 and 9 are deleted.
Paragraphs 10 and 11 shall be renumbered paragraphs 8 and 9.
10. The following Section 5a is inserted after Section 5:
(1) Upon registration in the List, the collective system operator and the manufacturers, or authorised representatives who perform their duties under the individual or solidarity system, shall receive login data allowing remote access to the List. Login details are not part of the entry decision.
(2) In the event that the Ministry of the Environment (hereinafter referred to as "the Ministry ') invites the person registered in the List to provide evidence that the performance of its duties is ensured, the person entered in the List for this purpose shall use a form, a model of which is set out in Annex 2 to this Decree, in which he shall complete only those data which have changed. Where that person is a collective scheme operator, he shall use a form the model of which is set out in Annex 3 to this Order, in which he shall fill in only those data that have changed.';
11. in Article 6 (2) (b), "address of residence, place of business or registered office" shall be replaced by "address of registered office";
12. the following Section 7 is inserted after Section 6, including the title:
Record the flow of recovered electrical equipment and separately collected electrical waste
(1) The manufacturer or operator of the collective system shall keep a record of the flow of electrical equipment recovered and of the electrical waste collected separately from the point of recovery or the point of separate collection to the following extent:
(a) the date and number of the registration;
(b) the name and surname of the person responsible for keeping the register;
(c) the groups of electrical equipment referred to in Annex 7 to the Act for retrofitted electrical equipment and separately collected electrical waste;
(d) the address of the point of collection, the address of the point of collection, or the address of the premises of the last seller, where the electrical equipment 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 electrical equipment has been recovered or the electrical waste has been collected separately, unless the address of one of those places can be indicated,
(e) the total mass of electrical equipment which has been recovered in the place or territory referred to in (d);
(f) the total weight of electrical waste collected separately in the place or territory referred to in (d);
(g) the total mass of electrical equipment reused;
(h) the identification details of the person who has been transferred back to the electrical equipment or to the separately collected electrical waste, to the extent set out in Table 3, column 7 of Annex 4 to this Decree;
(i) the total weight of electrical equipment recovered which has been transmitted to the person referred to in (h) for processing, recovery or disposal;
(j) the total weight of the electrical waste collected separately which has been transmitted to the person referred to in (h) for processing, recovery or disposal; and
(k) the total weight of electrical waste processed by individual processors to the extent specified in Table 3 of Annex 4 to this Decree.
(2) The records referred to in paragraph 1 shall be kept at the time of taking back the electrical equipment from the point of recovery or the last seller or at the time of taking away the electrical waste from the place of separate collection or from the originator and at the time of transmission of the electrical equipment or electrical waste to the person authorised for processing, recovery or disposal. Records of the quantities of electrical waste processed by individual processors shall be kept at monthly intervals. ';
13. in Paragraph 10 (2), the word 'removed' shall be replaced by 'excluded';
14. Article 11, including the title, reads:
Method of keeping continuous records and reporting of electrical waste
(1) Operators of an electrical waste treatment, recovery and disposal facility shall keep a continuous record of electrical waste and other waste and of the ways in which it is treated for electrical waste and other waste is owned and taken over, for each separate establishment and for each type of electrical waste and other waste separately. Continuous registration shall be carried out in accordance with Annex 8 to this Order and shall include:
(a) the date and number of the registration; and
(b) the name and surname of the person responsible for keeping the register.
(2) Continuous waste records shall be kept for each individual waste production. An individual production shall be considered to be the filling of a collection or collection device or the taking of waste from the originator or beneficiary or the transfer of waste to another authorised person. In cases where there is continuous generation of waste and in the case of periodic collection of municipal waste, continuous records shall be kept at monthly intervals.
(3) Operators of an electrical waste treatment, recovery and disposal facility shall send annual production and management reports for the previous year on the form set out in Annex 8 to this Decree. The form set out in Annex 8 to this Order shall also be used for reporting on the annual production and management of waste other than electrical waste, the reporting of which is compulsory under Section 39 (2) of the Act.
(4) The notification shall be made separately for each separate establishment and for each type of waste. In the case of a mobile waste collection facility, the report shall be sent to the municipal authority of the municipality with extended competence competent according to the location of the operator of the installation or establishment which ensures its operation.
(5) Operators of an electrical waste collection facility shall keep the continuous records referred to in paragraph 1 and shall send the annual production and management reports referred to in paragraph 3 in the event that the facility is also used for the treatment, recovery or disposal of electrical waste. ';
15. The following Section 11a is inserted after Section 11:
Method for calculating the level of recovery of electrical waste
(1) The level of use of electrical waste for the purpose of complying with the obligation laid down in Article 37m (3) of the Act is calculated for each group of electrical equipment as a proportion of the weight of waste which, after the proper selective treatment of electrical waste in accordance with Article 10 (2), enters a recycling or recovery facility, including preparation for reuse, and the total mass of recovered electrical equipment and separately collected electrical waste in each group of electrical equipment. The percentage thus calculated shall be expressed as a percentage.
(2) The level of recovery of electrical waste referred to in paragraph 1 shall not include activities prior to recycling or recovery of electrical waste, such as storage, sorting or treatment. ';
16. Paragraph 13 (1) is deleted and paragraph 2 is deleted.
17. the following Part Four is inserted after Part Three, including the title and footnotes 17 to 21:
TRANSPORT OF USED ELECTRATION
Method of verification and demonstration of functionality of the electrical equipment used
(1) The functionality of the electrical equipment used shall be verified by performing a performance test. The performance test shall always at least verify the functionality of the main functions of the electrical equipment used.
(2) The performance test shall be carried out by a person who is competent and holds the relevant authorisation and certificate under the legislation governing state professional safety oversight (17) and by the holder of a business licence in the field of "Installation, repair, revision and testing of electrical equipment ', in accordance with the procedure laid down in Annex 11 to this Regulation, if the electrical equipment used is transported from the Czech Republic.
Documentation and other supporting documents attached to cargo carried by used electrical equipment
(1) The documentation referred to in Section 37r (4) of the Act consists of a performance test report carried out in accordance with Section 14d and a proof of the content of hazardous substances in the electrical equipment being transported.
(2) Where the electrical equipment used is transported from a State other than the Czech Republic and the performance test has not been carried out in accordance with Section 14d (2), the documentation shall include a performance test report carried out under comparable conditions in another Member State of the European Union or in another State constituting the European Economic Area.
(3) The dossier shall specify:
(a) the name of the electrical equipment and its manufacturer, if known;
(b) an indication of the group and sub-group of electrical equipment referred to in Annex 1 to this Decree;
(c) identification or type number of the item, if any;
(d) the year of manufacture, if known;
(e) the name and, where applicable, the names and surname or business name of the person responsible for carrying out the performance test and the address of the person's registered office;
(f) the result of the performance test carried out pursuant to § 14d, its type and the date of its execution; and
(g) data on the content of hazardous substances in electrical equipment.
(4) Where the electrical equipment used is imported from a State outside the European Union or from the European Economic Area, the documentation shall be accompanied by documents demonstrating compliance with the requirements laid down in the Regulation on the restriction of the use of certain hazardous substances in electrical and electronic equipment18).
(5) Each consignment of used electrical equipment transported, consisting in particular of a transport container or a freight vehicle, shall be accompanied by:
(a) the relevant transport document, such as the consignment note under the Convention on the Transport Contract in International Road Freight Transport (CMR) or the Convention on International Rail Transport (COTIF) 19);
(b) a list of electrical equipment transported;
(c) a list of hazardous substances contained in electrical equipment transported; and
(d) a declaration by the holder of the transported electrical equipment on his responsibility for fulfilling his obligations under Section 37r of the Act.
(6) If the electrical equipment used is transported from the Czech Republic, it shall be used for the preparation of the documentation and documents referred to in paragraph 5 (b). (b) to (d) the forms of which appear in Annex 12 to this order.
(7) The documentation shall be securely, but not permanently, attached either directly to unpacked electrical equipment or to its packaging in such a way that it is legible without the need for unpacking. The documents referred to in paragraph 5 shall be provided with the driver of the vehicle, train driver, skipper or commander throughout the journey.
Prohibition of cross-border transport of used electrical equipment containing certain hazardous substances
As used, electrical equipment containing:
(a) controlled substances under specific legislation for the treatment of substances that deplete the ozone layer (20);
(b) PCB21),
(c) structural components containing asbestos; or
(d) radioactive substances.
17) Act No. 174 / 1968 Coll., on State Professional Safety Supervision, as amended. Decree No. 50 / 1978 Coll., on competence in electrical engineering, as amended by Decree No. 98 / 1982 Coll.
18) Paragraph 8 (1) of Regulation No 481 / 2012 Coll., on the restriction of the use of certain hazardous substances in electrical and electronic equipment.
19) Convention on the Transport Contract in International Road Freight Transport (CMR), adopted in Geneva on 19 May 1956, published under No 11 / 1975 Coll., as amended by the Protocol adopted in Geneva on 5 July 1978, published under No 108 / 2006 Coll. s. Additional Protocol to the Convention on the Transport Contract in International Road Freight Transport (CMR), issued in Geneva on 20 February 2008, published under No 66 / 2011 Coll., adopted in Bern on 29 December 1980, published under No 8 / 1985 Coll., as amended and supplemented.
20) Act No. 73 / 2012 Coll., on substances that deplete the ozone layer and on fluorinated greenhouse gases. Regulation (EC) No 1005 / 2009 of the European Parliament and of the Council of 16 September 2010 on substances that deplete the ozone layer, as amended.
21) § 26 (a) of Act No. 185 / 2001 Coll. '.
Parts four and five shall be renumbered as parts five and six.
18. Paragraph 15 (3) is deleted.
Paragraph 4 shall become paragraph 3.
19.
"Annex No 1 to Decree No 352 / 2005 Coll.
Sub-groups of electrical equipment falling within the categories set out in Annex 7 to the Act
I. Sub-groups of electrical equipment falling within the categories of electrical equipment listed in Annex 7, Part I, to the Act *
1. Large domestic appliances
1.1 Large refrigeration equipment
1.2 Refrigerator, refrigerator and freezer combination
1.3 Freezers
1.4. Other large equipment used for the cooling, storage and storage of food
1.5 Washing machines
1.6 Drying machines
1.7 Dishwasher
1.8 Baking appliances
1.9 Electrical stoves
1.10 Electric plates
1.11 Microwave ovens
1.12. Other large equipment for cooking and other food processing
1.13 Electric space heaters
1.14 Electric radiators
1.15 Other large heating equipment for rooms, beds and seats
1.16 Large electric fans
1.17 Air conditioning equipment
1.18 Other ventilation, suction and air conditioning equipment
1.19. Other large domestic appliances in other sub-groups not specified
2. Small domestic appliances
2.1 Vacuum cleaners
2.2 Cleaning machinery for carpets
2.3 Other cleaning equipment
2.4. Equipment used for sewing, knitting, weaving and other textile processing
2.5. Iron and other appliances used for ironing, aligning and other clothing care
2.6 Toasters
2.7 Frying pots
2.8 Grinders, coffee makers and equipment for opening or closing containers or containers
2.9 Electric knives
2.10 Appliances for hair cutting, hair drying, teeth cleaning, shaving, massage or other body care
2.11 Clock, alarm clock and equipment for measuring, indicating or time recording
2.12 Weights
2.13 Small electric fans
2.14. Other small domestic appliances in other sub-groups not specified
3. Information technology and telecommunications equipment
3.1 Large mainframe computers, servers
3.2 Minicomputers
3.3 Printing units (separate central printers)
3.4 Personal computers (including basic processor unit, mouse, monitors and keyboards)
3.5 Laptops (including basic processor unit, mouse, monitor and keyboard)
3.6 Notebook
3.7 Electronic diaries
3.8 Printers
3.9 Copying equipment
3.10 Electrical and electronic typewriters
3.11 Pocket and table calculators
3.12 Other products or equipment for the collection, storage, processing, presentation or communication of information by electronic means in another sub-group
3.13 User terminals and systems
3.14 Remote
3.15 Fax
3.16 Phones
3.17 Telephone machines
3.18 Wireless phones
3.19 Mobile phones
3.20 Receivers
3.21 Other articles or equipment for the transmission of sound, images and other information by telecommunications in other sub-groups
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
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Regulation Information
| Citation | Decree No. 200 / 2014 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 | 26.09.2014 |
|---|---|
| Effective from | 01.10.2014 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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