What is Act No. 243 / 2022 Coll.?

Act No. 243 / 2022 Coll., on limiting the environmental impact of selected plastic products — Act to limit the environmental impact of selected plastic products.

When it became Act No. 243 / 2022 Coll. effectiveness?

Act No. 243 / 2022 Coll. became effective 01.10.2022.

Is Act No. 243 / 2022 Coll. still valid?

Yes, Act No. 243 / 2022 Coll. is still valid and effective.

How many times was it Act No. 243 / 2022 Coll. amended?

Act No. 243 / 2022 Coll. has 7 time versions of the text.

Act No. 243 / 2022 Coll. - Act to limit the environmental impact of...

243

THE LAW

of 10 August 2022

on limiting the environmental impact of selected plastic products

Parliament has decided on this law of the Czech Republic:

ČÁST PRVNÍ

INTRODUCTORY PROVISIONS

§ 1

Subject matter

This law implements the relevant provisions of the European Union1) and provides for

(a) rules for preventing waste from selected plastic products;

(b) the rights and obligations of manufacturers when placing selected plastic products on the market;

(c) the rights and obligations associated with the management of waste from selected plastic products; and

(d) the competence of administrative authorities in the field of prevention of waste from selected plastic products and in the area of rights and obligations relating to waste management from selected plastic products.

§ 2

Scope of the law

(1) This Act shall apply to selected plastic products, whether placed on the market separately or as part or accessories of other products.

(2) Save as otherwise provided in this Act, the Waste Act shall apply to the prevention of the generation of waste from selected plastic products and to the management of selected plastic products that have become waste.

(3) Unless otherwise provided for in this law, the Packing Act shall apply to the selected plastic product, which is a packaging or packaging agent.

§ 3

Basic concepts

(1) Plastic is, for the purposes of this Act, a polymer-made material as referred to in Article 3 (5) of Regulation (EC) No 1907 / 20062) to which additives or other substances may be added and which may be the main structural component of finished products. Plastic is not a material consisting of chemically unmodified natural polymers.

(2) For the purposes of this Act, the selected plastic product means:

(a) a product listed in Parts A to D of the Annex to this Act which is wholly or partly made of plastic and which is not made, designed or marketed in such a way that it can be made during its life cycle

1. multiple uses or could have passed several cycles by being returned to the manufacturer for re-filling; or

2. reused for the same purpose for which it was intended;

(b) a fishing gear containing plastic; or

(c) a product of oxodegradable plastic.

(3) For the purposes of this Act:

(a) oxodegradable plastic plastic materials containing additives which cause the plastic material to disintegrate into microparticles or chemical decomposition by oxidation;

(b) manufacturer

1. an entrepreneur established in the Czech Republic who, irrespective of the method of sale, including the use of means of distance communication (3), produces, fills, sells or imports and places on the market selected plastic products, filled or unfilled, with the exception of a person engaged in fishing activities in accordance with Article 4 (28) of Regulation (EU) No 1380 / 20134 of the European Parliament and of the Council; or

2. an entrepreneur who, by using means of distance communication (3), sells directly to end-users in the Czech Republic from another country where he is established, selected plastic products, filled or unfilled, with the exception of a person engaged in fishing activities pursuant to Article 4 (28) of Regulation (EU) No 1380 / 20134 of the European Parliament and of the Council),

(c) fishing gear any part or part of any gear used in fishing or aquaculture for the purpose of affecting, capturing or rearing marine biological resources or floating on the sea surface and used to attract and catch or maintain such marine biological resources;

(d) the placing on the market of the first repayable or free-of-charge supply of the selected plastic product within the territory of the Czech Republic in the framework of business for distribution, consumption or use or import of the selected plastic product,

(e) by putting into circulation any bribery or free-of-charge supply of the selected plastic product on the territory of the Czech Republic for distribution, consumption or use after marketing;

(f) the importation into the Czech Republic for the customs procedure of free circulation, inward processing, temporary importation or storage in customs warehousing of a selected plastic product from a country outside the European Union;

(g) by the end user, the person using the selected plastic product before becoming waste and before being surrendered to the person authorised to take it;

(h) a collective system fulfilling the obligations of manufacturers created exclusively by manufacturers of selected plastic products listed in Part D of the Annex to this Act;

(i) an operator of a collective scheme, a legal person operating a collective scheme on the basis of an authorisation granted under this law;

(j) a Member State of the European Union or another Contracting State of the Agreement on the European Economic Area.

§ 4

Means of carrying out the obligations of the manufacturer

(1) The manufacturer shall carry out the obligations under Paragraph 7, 8 or 10a separately, on his behalf and at his own expense, unless otherwise specified.

(2) The manufacturer fulfils the obligations under § 9 or 10

(a) separately, on its behalf and at its own expense; or

(b) in the collective scheme, on the basis of a written contract to ensure compliance with the obligations of the manufacturer ("collective performance contract") with the collective scheme operator; This shall not apply if it is the manufacturer referred to in paragraph 3. The manufacturer's responsibility for carrying out these obligations shall not cease if the collective scheme operator does not ensure that they are carried out.

(3) The manufacturer of the selected plastic products referred to in point 4 of Part C of the Annex to this Act or the fishing gear containing plastic fulfils the obligations set out in Article 9 separately, in his name and at his own expense.

§ 5

Authorised representative

(1) If the manufacturer is not established in the Czech Republic, he is entitled to appoint an authorised representative in order to fulfil the obligations laid down by this Act.

(2) The manufacturer referred to in Article 3 (3) (b) (2), who sells selected plastic products listed in Part D of the Annex to this Act or fishing gear containing plastic directly to end-users in the Czech Republic from another State where he is established, is obliged to appoint a representative to carry out the obligations laid down in this Act.

(3) A person established in the Czech Republic who supplies the selected plastic products listed in Part D of the Annex to this Act or fishing gear containing plastic by means of distance communication (3) directly to end-users in another Member State shall, in accordance with the legislation of that Member State, be required to appoint an authorised representative to carry out the obligations arising from the legislation of that Member State in respect of those selected plastic products.

(4) The authorised representative may be designated only under a written contract. The authorised representative referred to in paragraph 1 or 2 may only be a person authorised to do business established in the Czech Republic. The authorised representative referred to in paragraph 1 or 2 may not be designated by the collective scheme operator; This shall not affect the performance of the obligations of the manufacturer by the authorised representative in the collective system.

(5) The authorised representative referred to in paragraph 1 or 2 shall fulfil all the obligations of the manufacturer laid down by this Law.

ČÁST DRUHÁ

MEASURES TO LIMIT THE IMPACT OF SELECTED PLASTIC PRODUCTS ON THE ENVIRONMENT

§ 6

Prohibition of placing on the market and putting into circulation of certain selected plastic products

The legal or business natural person may not place on the market or put into circulation selected plastic products listed in Part And the annexes to this Act or the products of oxodegradable plastic.

§ 7

Registration of selected plastic products placed on the market

(1) The manufacturer of the selected plastic products listed in Parts B to D of the Annex to this Act or the fishing gear containing the plastic is obliged to keep a register of the quantities of such selected plastic products placed on the market in mass units. The registration shall not lead to this Act for the selected plastic products listed in point 5 of Part B of the Annex.

(2) The manufacturer referred to in paragraph 1 shall:

(a) keep the records referred to in paragraph 1 for 5 years;

(b) to report the records referred to in paragraph 1 for the previous calendar year by 15 February of the following year at the latest to the Ministry of the Environment (hereinafter referred to as "the Ministry"), unless it has concluded a collective performance contract with the collective scheme operator for the selected plastic products; and

c) present, on request by the Czech Environmental Inspectorate ("the inspection"), documents showing the trueness and completeness of the data contained in the register.

(3) By decree, the Ministry shall determine the scope and manner of keeping the records referred to in paragraph 1 and the reporting of data from that register.

§ 8

Labelling of selected plastic products

(1) The manufacturer shall ensure that each selected plastic product listed in Part B of the Annex to this Act which he places on the market is accompanied, on its packaging or on the product itself, by a visible, clearly legible and indelible label providing final users with information on:

(a) appropriate procedures for the management of a selected plastic product that has become waste or for the disposal of such waste, to be avoided in accordance with the waste hierarchy of the selected plastic product; and

(b) the presence of plastics in a selected plastic product and the resulting negative effects of disposing of waste from that selected plastic product outside the places to put waste on the environment.

(2) The labelling of the selected plastic products referred to in paragraph 1 shall be ensured by the manufacturer in accordance with Commission Implementing Regulation (EU) 2020 / 21515.

§ 9

Environmental activity

(1) The manufacturer of the selected plastic products listed in Part C of the Annex to this Act or of the fishing gear containing plastic is obliged to conduct an awareness-raising activity aimed at informing the end user and changing consumer behaviour in order to reduce the amount of waste from the selected plastic products placed on the market by him, which end-users are to dispose of outside the places intended for disposal.

(2) The manufacturer referred to in paragraph 1 shall, in the context of an awareness-raising activity, inform end-users in particular through information campaigns on:

(a) the availability of reusable alternatives and re-use systems for selected plastic products, suitable waste management methods from selected plastic products and good practices for good waste management which do not endanger human health and do not harm the environment;

(b) the negative effects of disposing of waste from selected plastic products outside places intended to be placed on the environment, in particular the marine environment; and

(c) the impact of inappropriate ways of disposing of waste from selected plastic products on the sewerage network.

(3) By decree, the Ministry shall determine the minimum scope and manner of the manufacturer's awareness-raising activities referred to in paragraphs 1 and 2 and its focus on specific target groups of end users.

§ 10

Reimbursement of municipal costs by the producer

(1) Manufacturer of selected plastic products referred to in point 1 of Part D an annex to this Act is required

(a) to cover costs incurred by municipalities under a written contract

1. the cleaning of waste from these selected plastic products, which end-users dispose of outside the places for disposal, and the subsequent transport and treatment of such waste; and

2. the concentration of waste from these selected plastic products within the municipal waste management system in common collection containers for mixed municipal waste, including special collection containers for waste from these selected plastic products placed in public spaces ("mixed collection containers for mixed municipal waste"), its transport and processing; and

(b) send data to the Ministry, if the manufacturer can reasonably request such data, on the amount of waste from these selected plastic products concentrated within municipal waste management systems in common collection containers for mixed municipal waste in municipalities with which he has a contract as referred to in (a) for the previous calendar year by 30 June of the following year.

The municipality with which the manufacturer has a contract to pay the costs to the municipality referred to in point (a) shall provide the producer with synergies to obtain this information.

(2) Manufacturer of selected plastic products referred to in point 2 or 3 of Part D of the Annex to this Act is required, under a written contract, to cover the costs incurred by municipalities to clean up the waste from these selected plastic products, which end-users dispose of outside the places for disposal and the subsequent transport and treatment of such waste.

(3) Manufacturer of selected plastic products referred to in points 1 to 3 of Part D of the Annex to this Act shall be obliged to conclude a contract of reimbursement of costs to the municipality referred to in paragraph 1 or 2 with a number of municipalities so that the proportion of municipalities with which the producer has concluded a contract of reimbursement of costs to the municipality pursuant to paragraph 1 or 2 shall be:

(a) within 1 year from the date of the entry into force of this Act, at least 30% of the total number of municipalities in the Czech Republic and at least 30% of the total population of the Czech Republic,

(b) within 2 years from the date of the entry into force of this Act, at least 60% of the total number of municipalities in the Czech Republic and at least 60% of the total population of the Czech Republic, and

(c) within 3 years of the date of the entry into force of this Act, at least 90% of the total number of municipalities in the Czech Republic and at least 90% of the total population of the Czech Republic.

In the case of the manufacturer of the selected plastic products referred to in points 1 to 3 of Part D of the Annex to this Act, which first places those products on the market after the entry into force of this Act, shall run from the first placing on the market of the selected plastic products in accordance with points (a) to (c) of this paragraph.

(4) If the application for the conclusion of a cost compensation contract to the municipality referred to in paragraph 1 or 2 submitted to the municipality by the manufacturer complies with the requirements laid down in this Act, in particular with regard to the amount of the costs paid by the manufacturer to the municipality, the municipality shall provide the producer with the cooperation that the municipality may reasonably be required to conclude a contract between the municipality and the producer.

(5) The reimbursement of costs must be negotiated in the contract for the reimbursement of costs to the municipality referred to in paragraph 1 or 2 and the manufacturer must pay it to the municipality at an amount equal to the actual and effectively incurred costs incurred by the municipalities for the provision of the activities specified in paragraphs 1 and 2. The method of calculating the cost reimbursement shall be published by the manufacturer on its website; the method of calculating costs is required by the manufacturer regularly, at least once per calendar year, to update and take into account price developments in the Czech Republic.

§ 10a

Recovery and treatment of waste fishing gear

(1) The producer of plastic-containing fishing gear shall ensure, without connection to the purchase of new products and without entitlement to payment, the recovery of plastic-containing waste gear.

(2) The manufacturer referred to in paragraph 1 shall keep data on the recovered quantities of waste from fishing gear containing plastic in mass units and report these data for the previous calendar year no later than 15 February of the following year to the Ministry. Such data shall be kept for a period of 5 years and provided, upon request, by the inspection, with documents showing their trueness and completeness.

(3) By decree, the Ministry shall determine the scope of the data kept and reported under paragraph 2.

ČÁST TŘETÍ

COLLECTIVE SYSTEM

§ 11

General provisions

Where, for the purposes of this Title, the law on end-of-life products (6) applies mutatis mutandis, the following definitions shall apply:

(a) the product selected, the plastic product selected, and

(b) end-of-life product waste from selected plastic products.

§ 12

Operation of the collective scheme

(1) A collective system may be operated only on the basis of an authorisation issued by the Ministry.

(2) A collective scheme operator may operate only one collective system to fulfil the obligations of manufacturers of the selected plastic products listed in Part D of the Annex to this Act which members or shareholders (hereinafter referred to as "shareholder ') of the collective scheme operator as manufacturers market.

§ 13

Authorisation to operate a collective scheme

(1) The Ministry shall issue an authorisation to operate a collective scheme at the request of the person who fulfils the conditions for granting such authorisation. Paragraph 35 of the End-of-Life Act shall apply mutatis mutandis to the conditions for the authorisation to operate a collective scheme, with the exception of Article 35 (2) (b) and (h). The members of the applicant may be exclusively producers of the selected plastic products listed in Part D of the Annex to this Act for which the applicant intends to ensure the collective fulfilment of obligations under this Act.

(2) Paragraph 36 of the End-of-Life Act shall apply mutatis mutandis to an application for authorisation to operate a collective scheme, with the exception of paragraphs 36 (3) (f) (2) to (5), 36 (3) (h) and 36 (3) (i) (3). The application shall include:

(a) the models of cost-reimbursement contracts referred to in Article 15 (6); the model of the cost-recovery contract referred to in Article 15 (4) (b) shall be submitted only by the applicant who intends to ensure the collective fulfilment of the obligations of the manufacturers of the selected plastic products referred to in point 1 of Part D of the Annex to this Act; and

(b) a proposal for a method of calculating the costs of municipalities pursuant to Article 15 (9).

(3) Paragraph 37 (1) and (2) of the End-of-Life Act shall apply mutatis mutandis to the decision on the application for authorisation to operate a collective scheme. The decision to issue an authorisation to operate a collective scheme shall include an indication of the type of plastic products selected for which the collective fulfilment of the obligations of manufacturers will be ensured and the conditions for the collective performance provided for under the collective performance scheme of the applicant.

(4) Paragraph 38 of the End-of-Life Act shall apply mutatis mutandis to the amendment of the authorisation to operate a collective scheme, with the exception of Paragraph 38 (1) (c).

(5) Paragraph 39 (1) and (2) of the End-of-Life Act shall apply mutatis mutandis to the authorisation to operate a collective scheme.

(6) Where a collective scheme operator or a member of a collective scheme operator ceases to comply with any of the conditions necessary for the authorisation to operate a collective scheme, with the exception of the conditions set out in Article 35 (2) (i) and (j) of the end-of-life product law, the collective scheme operator shall notify the Ministry without undue delay of this fact, at the same time as it informs the Ministry how the correction will be made.

(7) An application for authorisation to operate a collective scheme shall be made using a form laid down by the Ministry by the Order.

§ 14

Subject matter and limitations of the collective scheme operator

(1) Paragraph 40 (1) of the end-of-life Act shall apply mutatis mutandis to the definition of the activity of the collective scheme operator.

(2) Paragraph 41 (2), (3) and (5) to (8) of the End-of-Life Act shall apply mutatis mutandis to the restriction of the collective scheme operator.

(3) A collective scheme operator may not conclude a contract with a person who has a special relationship with him or his partner in accordance with paragraph 4 which, due to its nature, purpose or risk, would not have been concluded in the course of the care of a proper operator, shall not provide for the debt of that person or the transfer of the property free of charge. Legal action which is contrary to this does not have legal effects.

(4) Paragraph 43 of the End-of-Life Act shall apply mutatis mutandis to the definition of persons having a special relationship with a collective scheme operator or a member of a collective scheme operator.

§ 15

Obligations of the collective scheme operator

(1) Paragraph 44 (1) to (3) and (6) of the End-of-Life Act shall apply mutatis mutandis to the obligations of the collective scheme operator.

(2) The collective scheme operator shall publish on its website at the latest on the date on which it first applies the model of the collective performance contract, including the rates for calculating the cash performance under this contract.

(3) The collective scheme operator shall submit to the Ministry within 30 days of the decision of the general meeting or the decision taken outside the general meeting

(a) a copy of the current version of the list of members of the collective scheme operator, indicating their share of the capital and voting rights, on the date of this Decision, if the operator of the collective scheme of limited liability companies;

(b) an extract from the record of the issue of the listed securities or an extract from the record of the immobilized securities in respect of the issue of the shares of the collective scheme operator on the relevant date for the adoption of this decision by the general meeting (7), or a copy of the list of all shareholders who own the shares in the name, on the relevant date for the adoption of this decision, if the collective scheme operator is a public limited company; and

(c) the minutes of the meetings of the general meeting, at least to the extent that the meetings of the general meeting concerned the facts recorded in the trade register and the clearance of accounts decision, the payment of the loss or the approval of the transfer, the payment or the cessation of the business establishment, or the text of the decision taken outside the general meeting.

(4) The collective scheme operator shall ensure that the amount of cash contributions paid by manufacturers in order to ensure collective performance covers:

(a) the costs actually and effectively incurred by municipalities for cleaning waste from selected plastic products listed in Part D of the Annex to this Act, which are disposed of by end-users outside the places for disposal and for the subsequent transport and treatment of such waste; This obligation applies only to the type of plastic products selected for which a collective scheme operator has been authorised to operate a collective scheme,

(b) the costs actually and effectively incurred by municipalities for concentrating waste from selected plastic products referred to in point 1 of Part D of the Annex to this Act under the municipal waste management system in common collection containers for mixed municipal waste, transport and processing; This applies only to collective system operators ensuring the collective fulfilment of the obligations of manufacturers of these selected plastic products,

(c) costs of information activities pursuant to Article 9;

(d) the cost of creating a reserve pursuant to Paragraph 18 (1);

(e) the costs of keeping records, processing and sending annual reports and their retention pursuant to Article 21; and

(f) the normal administrative costs necessary to ensure the activities of the collective scheme operator.

(5) The collective scheme operator is obliged to determine for the different size groups of municipalities the amount of the average actual and effective cost of municipalities

(a) the treatment of waste referred to in paragraph 4 (a) and the subsequent transport and treatment of such waste; This obligation applies only to the type of plastic products selected in Part D of the Annex to this Act for which a collective scheme operator has been authorised to operate a collective scheme; and

(b) the concentration and transport and processing of waste from selected plastic products referred to in point 1 of Part D of the Annex to this Act pursuant to paragraph 4 (b); This applies only to operators of a collective system ensuring the collective fulfilment of the obligations of manufacturers of these selected plastic products.

Each municipality shall provide the collective scheme operator with data on the costs incurred by municipalities in accordance with the first sentence.

(6) The collective scheme operator shall enter into a contract with each interested municipality in accordance with paragraph 4 (a) or (b) under conditions similar to those with other municipalities; for the conclusion of a contract, the collective scheme operator shall not require any form of remuneration from the municipality with which the contract is concluded. The cost compensation contract referred to in paragraph 4 (b) shall only be concluded with the municipality by a collective scheme operator fulfilling the obligations of manufacturers of selected plastic products referred to in point 1 of Part D of the Annex to this Act.

(7) The collective scheme operator ensuring the collective fulfilment of the obligations of the manufacturer pursuant to Article 10 (1) or (2) shall be obliged to conclude a cost compensation contract to the municipality in accordance with paragraph 4 (a) or (b) with a number of municipalities so that the proportion of municipalities with which the producer has concluded a cost reimbursement contract to the municipality is:

(a) within 1 year of the date on which the decision to grant a collective scheme authorisation is taken, at least 30% of the total number of municipalities in the Czech Republic and that the proportion of inhabitants living in these municipalities is at least 30% of the total population of the Czech Republic;

(b) within 2 years from the date of the acquisition of legal power, a decision to grant a collective scheme authorisation of at least 60% of the total number of municipalities in the Czech Republic and to make the proportion of inhabitants living in these municipalities at least 60% of the total population of the Czech Republic; and

(c) within 3 years of the date of the acquisition of legal power, a decision to issue a collective system authorisation of at least 90% of the total number of municipalities in the Czech Republic and to make the proportion of inhabitants living in these municipalities at least 90% of the total population of the Czech Republic.

(8) Where the proposal to conclude a cost compensation contract to a municipality pursuant to paragraph 7 submitted to a municipality by a collective scheme operator complies with the requirements laid down by that law, in particular with regard to the amount of compensation paid by the collective scheme operator to the municipality, the municipality shall provide the collective scheme operator with the cooperation that can be reasonably required of the municipality to conclude a contract between the municipality and the collective scheme operator.

(9) The collective scheme operator shall draw up a method for calculating the costs of the municipalities for the provision of the activities referred to in paragraph 4 (a) and (b) on the basis of the average actual and effective costs determined in accordance with paragraph 5, in order to correspond to the actual and effective costs of the municipalities for those activities. This method of calculation shall be published by the collective scheme operator on its website; the method of calculating the costs is required by the collective system operator to regularly, at least once per calendar year, update and take into account price developments in the Czech Republic.

§ 16

Obligations of the members of the collective scheme operator

A member of a collective scheme operator shall enter into a collective performance agreement with the collective scheme operator of which he is a member, for all selected plastic products marketed by that member and for which at the same time the collective scheme operator has been authorised to operate the collective scheme.

§ 17

Obligations of manufacturers in collective transactions

(1) Paragraph 45 (1) and (3) of the End-of-Life Act shall apply mutatis mutandis to the fulfilment of the obligations of producers in the collective scheme. The manufacturer shall report to the collective system operator the quantity of plastic products he has placed on the market only in mass units.

(2) A manufacturer may conclude a collective performance contract for a given type of selected plastic products listed in Part D of the Annex to this Act which he places on the market with only one collective scheme operator.

§ 18

Management of the collective scheme operator and reserve

(1) Paragraph 46 (1) to (4) and Article 48 (1) to (5) of the End-of-Life Act shall apply mutatis mutandis to the management of the collective scheme operator and to the creation of a reserve to cover future costs. The collective scheme operator shall spend the costs in a way that allows control by the Ministry.

(2) The collective scheme operator shall ensure that the amount of cash contributions determined by manufacturers in order to ensure the collective fulfilment of their obligations does not exceed the costs necessary to fulfil those obligations in an economic manner. The collective scheme operator shall send a report to the Ministry on the fulfilment of this obligation for the previous calendar year drawn up by its supervisory authority no later than 6 months after the end of that calendar year.

§ 19

Repayment of the money contribution

(1) In the event that the selected plastic product does not become waste on the territory of the Czech Republic, the collective system operator shall return the money contribution received by the manufacturer to ensure the cleaning of waste from selected plastic products pursuant to Article 15 (4) (a) or to concentrate, transport and treatment of such waste in accordance with Article 15 (4) (b) to a person who proves that he has delivered the selected plastic product after placing on the market in the Czech Republic to another Member State or exported it to another Member State. If that person is not a manufacturer, the collective scheme operator may require proof of the manufacturer's consent to return the contribution.

(2) Paragraph 47 (2) and (3) of the End-of-Life Act shall apply mutatis mutandis to the refund of the money contribution referred to in paragraph 1.

§ 20

Mutual cooperation between collective system operators

(1) The collective system operator may conclude a written sharing agreement with one or more collective system operators for the same type of plastic products selected

(a) the cost of cleaning, concentrating, transporting or processing waste from selected plastic products; or

(b) costs or other cooperation in the field of information activities referred to in Article 9.

(2) The contracting parties to the contract referred to in paragraph 1 shall submit a copy or an officially certified copy of the contract to the Ministry within 30 days of the date of its conclusion; if one of the Contracting Parties meets this obligation.

§ 21

Records kept by the collective scheme operator and annual report

(1) The collective scheme operator is obliged to keep a register

(a) producers with whom they have a collective performance contract; Article 26 (a) to (d), (f) and (g) of the End-of-Life Act shall apply mutatis mutandis to the range of data maintained; and

(b) the quantities of plastic products placed on the market by producers with which they have a collective performance contract, in mass units.

(2) The collective scheme operator shall, upon request, provide the Ministry with the records referred to in paragraph 1.

(3) The collective system operator shall process the annual report on selected plastic products and send it to the Ministry by 30 June of the following year. Article 48 (6) and 51 (2), (3), (5) and (6) of the End-of-Life Act shall apply mutatis mutandis to the processing of the annual report on selected plastic products, with the understanding that end-of-life products are selected plastic products.

(4) The collective scheme operator shall:

(a) keep the records referred to in paragraph 1 and the annual report on selected plastic products for 5 years; and

(b) submit, in the context of an on-demand inspection or by the Ministry, documents demonstrating the veracity and completeness of the data contained in the records referred to in paragraph 1 and the annual report on selected plastic products.

(5) By decree, the Ministry shall determine the scope and manner of keeping records referred to in paragraph 1 and the content of the annual report on selected plastic products.

§ 22

Verification of data

(1) The collective scheme operator is required to have sound or exceptional financial statements certified by the auditor.

(2) The collective scheme operator is obliged to ensure that the auditor carries out a verification of the accuracy and completeness

(a) data on the quantities of plastic products placed on the market which have been declared by manufacturers by the collective scheme operator; and

(b) keeping records pursuant to Article 21 (1).

(3) The collective scheme operator shall ensure the verification referred to in paragraph 2 in each calendar year in which it is entitled to operate the collective scheme. The report on the verification of accounts referred to in paragraph 1 and the report or verification reports referred to in paragraph 2 shall be sent to the Ministry by the collective scheme operator no later than 6 months after the end of the verification period.

(4) Manufacturers shall be obliged to provide the collective scheme operator with the necessary synergies in order to fulfil its obligation under paragraph 2.

Citation	Act No. 243 / 2022 Coll., on limiting the environmental impact of selected plastic products
Regulation Type	Law
Author	-
Collection	Code of Laws

Date of Promulgation	31.08.2022
Effective from	01.10.2022
Effective until	-
Status	Valid

Act No. 243 / 2022 Coll.

Act to limit the environmental impact of selected plastic products

Contents