Act No. 223 / 2015 Coll.
Act amending Act No. 185 / 2001 Coll., on Waste and on the amendment of certain other laws, as amended, and Act No. 169 / 2013 Coll., amending Act No. 185 / 2001 Coll., on Waste and on the amendment of certain other laws, as amended, Act No. 25 / 2008 Coll., on the Integrated Register of Environmental Pollution and the Integrated System of Implementation of Environmental Reporting Obligations, and on the amendment of certain acts, as amended, and Act No. 56 / 2001 Coll., on the Conditions of Operation of Vehicles on the Road, as amended
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Effective from 01.10.2015
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223
THE LAW
of 12 August 2015
amending Act No. 185 / 2001 Coll., on waste and amending certain other laws, as amended, and Act No. 169 / 2013 Coll., amending Act No. 185 / 2001 Coll., on waste and amending certain other laws, as amended, Act No. 25 / 2008 Coll., on an integrated register of environmental pollution and an integrated system of environmental reporting obligations and amending certain laws, as amended, and Act No. 56 / 2001 Coll., on the conditions of operation of vehicles on the ground, as amended
Parliament has decided on this law of the Czech Republic:
Amendment of the Waste Act
Act No. 5 / 2002 Coll., Act No. 320 / 2002 Coll., Act No. 1 / 2009 Coll., Act No. 6 / 2006 Coll., Act No. 5 / 2004 Coll., Act No. 25 / 2008 Coll., Act No. 34 / 2008 Coll.
1. in Article 2 (1) (a), including footnotes 2 and 61:
"(a) waste water (2) to the extent that other legislation61 applies;
2) § 38 of Act No. 254 / 2001 Coll., on Water and on the amendment of certain laws (Water Act), as amended.
61) Act No. 254 / 2001 Coll., as amended. Act No. 274 / 2001 Coll., on water and sewage for public use and on the amendment of certain laws (Water and Sewerage Act), as amended. '
2. in Paragraph 2 (1), point (b), including footnote 4, shall be deleted;
Points (c) to (i) shall be renumbered (b) to (h).
3. in Articles 2 (1) (d) and (h), 4 (1) (a), 6 (1) (a) and 7 (1), (5) and (6) (a), the words "Annex No 2 to this Act" shall be replaced by the words "Annex to the directly applicable European Union Regulation on the hazardous properties of waste 62)."
Footnote 62 reads:
"(62) Commission Regulation (EU) No 1357 / 2014 of 18 December 2014 replacing Annex III to Directive 2008 / 98 / EC of the European Parliament and of the Council on waste and repealing certain Directives. ';
4. in Article 2 (1) (f), including footnote 9:
"(f) explosives and ammunition discarded (9);
9) Act No. 61 / 1988 Coll., on Mining Activities, Explosives and State Mining Administration, as amended. Act No. 119 / 2002 Coll., on firearms and ammunition, as amended. '
5. in Paragraph 2 (1), point (g) shall be deleted;
Point (h) shall be renumbered as point (g).
6. in Article 4 (1) (e), the words "waste trading" shall be inserted before the word "collection."
7. in Article 4 (1) (m):
"(m) collection of waste - concentration of waste by a legal person or a natural person authorised to do business from other persons, including their pre-sorting and pre-storage for the purpose of transporting them to a waste treatment facility;";
8. in Article 4 (1), the following point (n) is inserted after point (m):
"(n) sorted collection - collection where the waste flow is separated by type, category and nature of waste in order to facilitate specific treatment, ';
Points (n) to (y) shall be renumbered as points (o) to (z).
9. In Paragraph 4 (1), the words "including persons who do not actually hold waste 'shall be added at the end of the text of point (z).
10. In Article 4, the dot is replaced by a comma at the end of paragraph 2 and the following point (f) is added:
"(f) prevention of waste generation - measures taken before the substance, material or product has become waste which restrict:
1. the quantity of waste, including by re-use of the products or by extending the life of the products;
2. the adverse effects of generated waste on the environment and human health; or
3. the content of harmful substances in materials and products. ';
11. in Article 6 (2), the words "or persons" shall be inserted after the word "person."
12. in Article 6 (4), the words "or persons" shall be inserted after the words "authorised person."
13. in Article 7 (1) and (5), the words "H1, H2, H3A, H3-B, H12, H14 and H15" shall be replaced by "HP 1 to HP 3, HP 12, HP 14 and HP 15."
14. in Paragraph 7 (6), "H4 to H8, H10, H11 and H13" is replaced by "HP 4 to HP 11 and HP 13."
15. in Article 7 (6) (a), "H9" is replaced by "HP 9";
16. In Paragraph 9 (1), the first to fifth sentences are replaced by the following: "The hazardous properties of the waste shall be evaluated by one or more authorised persons at the request of the originator or authorised person. The application shall be submitted through an integrated environmental reporting system (54). If the authorised person or persons find that the waste has no dangerous property, they shall issue the applicant a certificate of the exclusion of hazardous waste properties (hereinafter referred to as the certificate). Otherwise, the authorised person or persons shall inform the applicant, stating with justification that the waste has one or more dangerous properties (hereinafter referred to as" communications'). Certificates and communications shall be issued through an integrated system of environmental reporting obligations (54) and in paper form. Where the hazardous properties of waste are assessed by more than one authorised person, they shall issue certificates or communications together. The certificate shall show which person is responsible for evaluating the particular dangerous property. ';
17. in Article 9 (2), the words "or persons" shall be inserted after the words "the person responsible."
18. in Paragraph 9 (6) (b), the words "and communications" shall be inserted after the words "certificates."
19. in Paragraph 9a (2):
"(2) A derogation from the waste hierarchy may be made in the case of waste for which, according to the assessment of the overall environmental impact of the waste generation and management, this is appropriate in view of the best overall environmental outcome. '
20. In Paragraph 9a, the following paragraph 3 is added:
"(3) The implementation of the hierarchy shall take into account:
(a) the entire life cycle of products and materials, in particular with a view to reducing the environmental and human health impact of waste management;
(b) technical feasibility and economic sustainability;
(c) the protection of sources of raw materials, the environment, human health and economic and social impacts. "
21. Paragraph 13 (1) and (2), including footnotes 19 and 69, read:
"(1) The packaging of hazardous waste is subject to appropriate specific legislation19).
(2) The originator and the authorised person handling hazardous waste are required to ensure that hazardous waste is marked in writing and to the extent specified by the implementing legislation and the graphic symbol in accordance with the directly applicable European Union legislation on classification, labelling and packaging of substances and mixtures (69) to the extent specified by the implementing legislation. Hazardous waste with hazardous characteristics HP 9 Infectious is identified by the graphic symbol provided for by the implementing legislation.
19) Regulation (EC) No 1272 / 2008 of the European Parliament and of the Council of 16 December 2008 on classification, labelling and packaging of substances and mixtures, amending and repealing Directives 67 / 548 / EEC and 1999 / 45 / EC and amending Regulation (EC) No 1907 / 2006, as amended. European Agreement on the International Carriage of Dangerous Goods by Road - ADR (Geneva 1957), published in the Collection of Laws under No. 64 / 1987 Coll., as amended. The Order for the International Carriage of Dangerous Goods by Rail (RID), which is the connection C to the Convention on International Carriage by Rail (COTIF), published in the Collection of Laws under No 8 / 1985 Coll., as amended.
69) Regulation (EC) No 1272 / 2008 of the European Parliament and of the Council of 16 December 2008 on classification, labelling and packaging of substances and mixtures, amending and repealing Directives 67 / 548 / EEC and 1999 / 45 / EC and amending Regulation (EC) No 1907 / 2006, as amended. '
22. in Paragraph 13 (4):
"(4) The Ministry shall determine by decree:
(a) the content of the hazardous waste identification note;
(b) the manner and extent of labelling of hazardous waste. ';
23. In Paragraph 18 (5), "may not 'is replaced by" may' and "in cash 'is replaced by" only by the transfer of funds through a payment service provider or postal service operator in the form of a postal voucher'.
24. in Paragraph 18 (11):
"(11) The Ministry shall, by decree, establish a list of wastes for which the beneficiary is required to keep records of the persons from whom he has withdrawn or redeemed the waste, a list of wastes which the beneficiary may not buy from natural persons, and a list of wastes for which the beneficiary may only pay in the manner referred to in paragraph 5. ';
25. in Paragraph 29, paragraph 2 is deleted;
Paragraph 3 shall become paragraph 2.
26. in Article 31a (1) (a), the words "except button cells with a mercury content not exceeding 2% by weight," shall be deleted;
27. in Article 31a (2) and (3):
"(2) The prohibition laid down in paragraph 1 (b) shall not apply to portable batteries or accumulators intended for use in:
(a) emergency or alarm systems, including emergency lighting; or
(b) medical devices.
(3) The manufacturer of electrical equipment or other products requiring the installation of batteries or accumulators shall design such products so that they can easily and safely remove the end-user or qualified professional independent of the manufacturer. Electrical equipment or other products in which batteries or accumulators are incorporated shall be accompanied by instructions on how the batteries or accumulators can safely be removed by the end user or by a qualified professional independent of the manufacturer, including information on the type of built-in batteries or accumulators. The manufacturer, distributor and the last seller shall ensure that the instructions are transmitted together with the product. '
28. in Article 31a (5), the words "after 26 September 2008" shall be deleted;
29. in Paragraph 31j (3):
"(3) The manufacturer shall ensure that the equipment referred to in paragraph 1 achieves minimum recycling efficiency of waste recycling processes.
(a) 65% of the average weight of lead batteries and accumulators, including the recycling of lead content at the highest level technically feasible without excessive cost;
(b) 75% of the average weight of nickel cadmium batteries and accumulators, including the recycling of cadmium content at the highest level technically feasible without excessive cost; and
(c) 50% of the average weight of the other batteries and accumulators used. "
30. Paragraph 31j (6), including footnote 63, reads:
"(6) The rules for calculating the recycling efficiency of recycling processes are laid down in the directly applicable European Union63).
(63) Commission Regulation (EU) No 493 / 2012 laying down detailed rules for the calculation of the recycling efficiency of waste battery and battery recycling processes pursuant to Directive 2006 / 66 / EC of the European Parliament and of the Council. ';
31. in Article 32 (a) and (b):
"(a) sludge
1. sludge from waste water treatment plants treating urban waste water or waste water from households and other waste water treatment plants which process waste water of the same composition as urban waste water and domestic waste water, even if they also process biodegradable waste treatment plants under a decision of the Regional Authority granting consent to the operation of waste facilities and their operating order, or biodegradable waste falling within the scope of the Animal by-products Regulation (6);
2. sludge from septics used for domestic sewage treatment before discharge into surface or underground waters;
3. sludge from waste water treatment plants treating waste water and materials which, by their characteristics, correspond to the waste water and materials referred to in point 1, in particular waste water and materials originating in the food and agriculture industry,
(b) treated sludge - sludge which has undergone biological, chemical or heat treatment, long-term storage or any other appropriate process by significantly reducing the content of pathogenic organisms in sludge and thereby the health risk associated with its application by verifying the effectiveness of the sludge treatment technology in accordance with the requirements laid down in the implementing legislation; ';
32. in Article 33 (1) and (2):
"(1) The legal person and the natural person using the soil shall use only treated sludge with regard to plant nutritional needs and in accordance with the sludge application programme, so that the soil quality and surface and groundwater water quality are not impaired by the use of sludge.
(2) If the sewage treatment plant operator does not perform the sludge treatment itself, it shall transmit the sludge directly or via the waste carrier to the sludge treatment plant operator. A sewage treatment plant operator or a sludge treatment plant that has undergone sludge treatment shall establish a sludge application programme and demonstrate in that programme compliance with the conditions of use of sludge laid down by this Act and the implementing legislation. The person who has carried out the sludge treatment shall be obliged to forward the treated sludge to the person referred to in paragraph 1, as specified in the sludge application programme or to the operator of the sludge collection and storage facility operated on the basis of the consent provided for in Article 14 (1), directly or through a waste carrier. The operator of the sludge collection and storage facility shall transmit the treated sludge to the person referred to in paragraph 1 referred to in the sludge recovery programme, directly or via the waste carrier. Modified sludges shall not be mixed with other treated sludges or other waste. '
33. In Paragraph 33, at the end of paragraph 4, the dot is replaced by a comma and the following points (h) and (i) are added:
"(h) technical requirements for sludge treatment and requirements for verifying the effectiveness of sludge treatment technology;
(i) the conditions for storage of treated sludge and the conditions for temporary storage of treated sludge before use. "
34. in § 37s (3) (e):
"(e) the types of electrical equipment collected according to the sub-groups of electrical equipment provided for in the Decree pursuant to Article 37f (6),"
35. In Part Four, Title II, Parts 9 and 10 are added, including the headings and footnotes 64 to 66:
Sediments extracted from watercourses and tanks
(1) Sediments extracted from watercourses and water tanks, if waste, may only be used on the agricultural soil fund in accordance with Article 14 (2) for compliance with the requirements of specific legislation64).
(2) Sediments extracted from watercourses and water tanks, if they are waste, may be used on the surface of the terrain and to weigh underground areas in accordance with § 14 (2), subject to the conditions for the recovery of waste on the surface of the terrain laid down by the Decree pursuant to § 19 (3).
(3) Sediments extracted from watercourses and water tanks, if waste, may be used as building material in accordance with Paragraph 14 (2), subject to compliance with the requirements laid down in specific legislation65).
(4) Where sediments extracted from watercourses and water tanks are intended for use on parcels forming an agricultural land fund, neither the originator nor the person making up the agricultural land fund shall keep a register for such sediments in accordance with § 39 (1) and shall not report pursuant to § 39 (2) and (3). For these sediments, records shall be kept in accordance with the specific legislation64).
Ship recycling
(1) This part regulates the conditions for ship recycling in a ship recycling facility following the directly applicable European Union Regulation on ship recycling (66).
(2) The competent authority under the directly applicable European Union Regulation on ship recycling (66) is the Czech Republic, except where this law entrusts the competent authority to the regional authority.
(1) A ship recycling facility is a recovery or disposal facility.
(2) The Regional Authority will send a request for consent to operate a ship recycling facility to express to the public health authority.
(3) The consent to operate a ship recycling facility is issued for a fixed period of up to five years. The period of validity of the consent to operate an installation shall be extended by the Regional Authority at the request of the operator for a maximum period of five years, provided that the conditions for its issue are fulfilled.
(1) The ship recycling facility operator shall submit a ship recycling plan to the Regional Authority for approval in accordance with Article 7 of the directly applicable European Union Regulation on ship recycling (66) prior to each ship recycling operation.
(2) The Regional Authority shall immediately send a ship recycling plan to the public health authority for comments.
64) Act No. 334 / 1992 Coll., on the Protection of the Agricultural Soil Fund, as amended. Act No. 156 / 1998 Coll., on Fertilisers, Soil Aid, Auxiliary Plant Products and Substance and on Agrochemical Testing of Agricultural Soils (Fertilisers Act), as amended.
65) Act No. 183 / 2006 Coll., as amended. Decree No. 163 / 2002 Coll., laying down technical requirements for selected construction products, as amended.
66) Regulation (EU) No 1257 / 2013 of the European Parliament and of the Council of 20 November 2013 on ship recycling and amending Regulation (EC) No 1013 / 2006 and Directive 2009 / 16 / EC. ';
36. The following title shall be inserted after the title of Part Five:
COMMON PROVISIONS '.
37. in Paragraph 38 (1), point (a) is deleted;
Points (b) to (d) shall be renumbered as points (a) to (c).
38. In Part Five, the following title is inserted after Section 38:
RESEARCH OF TYRES '.
39. In Article 38a, paragraphs 3 to 5 are added:
"(3) The mandatory person referred to in Article 38 (3) shall comply with his obligations for the re-procurement of used tyres, the processing and use of waste tyres, the information of the end-user and the processing of the annual report on the fulfilment of the obligation to withdraw
(a) in an individual system at its own expense, individually, organisationally and technically; or
(b) in the collective system, by concluding a contract to ensure compliance with the obligation to recover used tyres, to process and use waste tyres (hereinafter referred to as the "joint performance contract") with a legal person authorised to operate a collective system pursuant to § 38c (hereinafter referred to as the "system operator").
(4) For the purposes of this Part of the Act, pneumatic tyres are a flexible part of a wheel assembly which is made of natural or synthetic rubber and non-rim-free reinforcing materials, with the exception of a wheel for use on devices drawn or pushed by a walking person, on bicycles and on personal medical devices or rehabilitation and compensation aids.
(5) The obliged entity and the distributor, including the last seller, are required to indicate separately the costs of the retreading of used tyres and the treatment and use of waste tyres when selling tyres. This is without prejudice to the obligations of the last seller under the price regulations (59). '
40. in Paragraph 38b (2) (a), the word "or" shall be deleted;
41. in Article 38b (2) (b), the words "marked with a recognised electronic mark" shall be deleted;
(42) In Paragraph 38b (2), at the end of point (b), the dot is replaced by "or" and the following point (c) is added:
"(c) by means of a data box operated under special legislation58."
43. In Article 38b (3) (a), the words "place of business" are replaced by the words "registered office."
44. in Article 38b (3) (d), the words "used tyres" and the words "use and disposal" shall be replaced by the words "and use."
45. in Paragraph 38b (8):
"(8) The Ministry makes available the current list of mandatory persons on the public administration portal to this extent
(a) the name and, where applicable, the names and surname or business name, if any, if any; a business firm or name and legal form, if it is a legal person,
(b) an identification number, if assigned,
(c) the mark of the tyres placed on the market by the mandatory person;
(d) the manner in which the obligations of the obliged entity pursuant to Article 38a (3) are fulfilled, including an indication of the legal person authorised to operate a collective scheme pursuant to Article 38c through which he fulfils his obligations. "
46. In Paragraph 38b, the following paragraphs 9 and 10 are inserted after paragraph 8:
"(9) A tyre distributor not coming from mandatory persons registered in the list of obliged persons or from obliged persons carrying out their obligations through a collective system pursuant to Paragraph 38a (3) (b) shall have the rights and obligations of the obliged person set out in this Part of the Act.
(10) Where a obliged entity fulfils all of its obligations through a collective scheme under Paragraph 38a (3) (b), it shall not be subject to the obligation referred to in paragraph 1. It shall make available the information on the obliged entities carrying out their duties in the collective system obtained by the Ministry from the system operator in accordance with Section 38c in accordance with paragraph 8. ';
Paragraph 9 shall become paragraph 11.
47. The following Sections 38c to 38h are inserted after Section 38b, including the headings and footnotes No 70 and 30f:
System operator
(1) Only a limited liability company or a limited liability company authorised by the Ministry to operate a collective scheme pursuant to § 38d may be the operator of the scheme.
(2) If the system operator is a public limited liability company, only ordinary shares may be issued as registered shares. The statutes shall not allow the issue of shares with different votes. Where the operator of a limited liability company's system must have a supervisory board and a social agreement or a charter must not allow the formation of shares other than basic shares, determine a different number of votes in relation to the amount of the contribution of the shareholder and allow the issue of individual certificates. Shares and shares may only be subscribed by cash deposits.
(3) Only the mandatory person who places tyres on the market may be a shareholder or member (hereinafter referred to as "partner") of the system operator. At the date of the application for authorisation to operate a collective scheme, the members of the operator of the compulsory scheme, each of which has placed on the market tyres for at least 3 previous years and has marketed tyres of at least 1 000 tonnes over the previous 3 calendar years.
(4) The profits of the system operator must not be distributed among the members of the system operator's bodies or staff. It may be used exclusively for the operation, development and streamlining of the system of ensuring the joint fulfilment of the obligations of obliged persons when retreading used tyres, processing and use of waste tyres and informing the end user and the last seller. The system operator shall not reduce its core capital for any purpose other than loss or performance of the obligations laid down by law and shall not increase its core capital in a conditional manner.
(5) The system operator shall not be a member of or participate in the business of other legal entities.
(6) In addition to the activities related to the performance of the obligations of mandatory persons placing on the market of tyres provided for in this Part of the Act, the system operator shall not carry out any activity other than advisory activities in the field of prevention of waste tyres or research, lecture, awareness or promotion activities in the areas of tyre recycling and waste tyre management.
(7) The system operator shall not conclude with a legal person or a natural person having a special relationship to it pursuant to paragraph 8 a contract which, by reason of its nature, purpose or risk, would not have been concluded in the course of the care of a proper operator with another natural or legal person, shall not provide for the debts of that legal person or natural person or the transfer of property free of charge.
(8) Legal persons or natural persons having a special relationship with the system operator shall be considered as:
(a) the statutory body and the members of the statutory body of the system operator, the members of the supervisory board or the management board and the staff of the system operator at the heads of posts from which the staff member may be removed by the statutory authority under the labour law 30e);
(b) members of statutory bodies of legal persons that are members of the system operator;
(c) persons close to 30f (a) or (b);
(d) legal persons in which one of the persons referred to in (a) or (b) has, directly or indirectly, an interest in capital or voting rights exceeding 33%;
(e) members of the system operator who are legal persons and other legal persons controlled by them.
(9) A system operator's member, a legal person controlled by him or a person controlling one of the system operator's members shall not enter into a contract other than a contract under paragraph 6 or a contract under Paragraph 38e (1).
(10) The share of an individual member or members acting in agreement with the capital or voting rights of the system operator shall not exceed 33%. If this is the case, that member or those members shall immediately notify the Ministry of that fact and reduce their share of the border by no more than 33% within 6 months of the date of its crossing.
(11) A system operator shall not engage in waste management activities, except in the management of waste other than waste tyres, and shall act in the interest of other persons whose business is waste management or whose activity is directly related to waste management. This applies mutatis mutandis to members of the statutory body of the system operator, members of the supervisory board or of the management board and staff of the system operator at the heads of post from which the staff member may be removed by the statutory authority under the labour law 30e).
Issue of a collective scheme authorisation
(1) The Ministry shall issue an authorisation to operate a collective scheme at the request of a person (hereinafter referred to as "the applicant") who will demonstrate compliance with the conditions laid down for the system operator by this Act.
(2) An application for authorisation to operate a collective scheme shall be submitted to the Ministry in two paper copies and at the same time in electronic form, or in electronic form signed by a recognised electronic signature in accordance with a special legislature30c) or via a data box operated under a special legislature58). The application shall contain a commercial firm, legal form, address of the registered office, the applicant's identification number, if any, and a list of all the members of the applicant, indicating their share of the capital and voting rights or the list of all shareholders of the applicant, including their share of the capital and voting rights. The application shall be accompanied by:
(a) a social contract or charter, if the applicant is a limited liability company or a statute, if the applicant is a public limited company;
(b) an extract from the applicant's business register and an extract from the applicant's recorded shares not earlier than 7 days if the applicant is a public limited liability company;
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Regulation Information
| Citation | Act No. 223 / 2015 Coll., amending Act No. 185 / 2001 Coll., on waste and amending certain other laws, as amended, and Act No. 169 / 2013 Coll., amending Act No. 185 / 2001 Coll., on waste and amending certain other laws, as amended, Act No. 25 / 2008 Coll., on an integrated register of environmental pollution and an integrated system for the performance of environmental reporting obligations and amending certain laws, as amended, and Act No. 56 / 2001 Coll., on the conditions of operation of vehicles on land roads, as amended |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 10.09.2015 |
|---|---|
| Effective from | 01.10.2015 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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