Act No. 244 / 2022 Coll.
Act amending certain laws in connection with the adoption of a law limiting the environmental impact of selected plastic products
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Effective from 01.10.2022
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244
THE LAW
of 10 August 2022
amending certain laws in connection with the adoption of a law limiting the environmental impact of selected plastic products
Parliament has decided on this law of the Czech Republic:
Amendment of the Trade Business Act
Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011 / 2011, Act No. 100 / 2011, Act No. 100 / 2011 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100, Act No. 100 / 2011, Act No. 100 / 2011, p.
"(am) the activity of operators of collective systems under the end-of-life and environmental legislation on reducing the environmental impact of selected plastic products."
Amendment of the Income Tax Act
Act No. 20 / 2006, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 15 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2006, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20, Act No. 20 / 2011, Act No. 15, Act No. 20 / 2011, Act No. 20, Act No. 20, Act No. 20 / 2011,
"(zc) cash contributions
1. Solar power plant operators and producers under the Law on end-of-life products resulting from a collective scheme operator, provided that they are used to ensure the collective fulfilment of the obligations of the producers or solar power plant operators, with the exception of the costs of setting up a recovery site for the solar power plant operator;
2. persons who place their packaging on the market or put into circulation by authorised packaging companies, provided that they are used to ensure the collective fulfilment of the obligations of persons who place packaging on the market or put into circulation; and
3. producers under a law governing the limitation of the environmental impact of selected plastic products by a collective system operator, provided that they are used to ensure the collective fulfilment of the obligations of manufacturers, '.
Amendment to the Packaging Act
Act No. 477 / 2001 Coll., on Packs and on the Amendment of Certain Laws (Packing Act), as amended by Act No. 274 / 2003 Coll., Act No. 94 / 2004 Coll., Act No. 237 / 2004 Coll., Act No. 257 / 2004 Coll., Act No. 444 / 2005 Coll., Act No. 66 / 2006 Coll., Act No. 296 / 2007 Coll., Act No. 149 / 2008 Coll., Act No. 183 / 2008 Coll., Act No. 126 / 2008 Coll., Act No. 62 / 2014 Coll., Act No. 64 / 2014 Coll., Act No. 243 / 2016 Coll., Act No. 238 / 2011 Coll., Act No. 167 / 2012 Coll., Act No. 62 / 2014 Coll.
1. In the last sentence of Article 1 (1), the words "the disposal of packaging and the placing on the market or putting into circulation, the re-collection and recovery of packaging waste 'are replaced by the words" the prevention of waste from packaging, the placing on the market or the putting into circulation of packaging and the handling of packaging or packaging waste'.
2. At the end of footnote 2, the sentence is added to the separate line:
"Directive (EU) 2019 / 904 of the European Parliament and of the Council of 5 June 2019 on the limitation of the environmental impact of certain plastic products. '.
3. in Article 2 (d):
'(d) the placing on the market of the moment when the packaging or packaging material in the Czech Republic is, for the first time, handed over or offered for transmission for distribution or use, or when ownership rights are transferred to it for the first time; the cross-border transport of packaging or packaging material from another Member State of the European Union to the Czech Republic or the importation, with the exception of the placing on the market of inward processing or temporary importation procedure, in the event that the packaging or packaging products from the Czech Republic are exported in full abroad after the completion of that procedure, shall also be considered as being marketed;';
4. In Article 2 (f), the word "packaging 'is deleted and the words" packaging or packaging' are inserted after the word "release '.
5. in Article 2, the following point (h) is inserted after point (g):
"(h) a disposable packaging which is not a reusable packaging;"
Points (h) to (s) shall be renumbered as points (i) to (t).
6. In Section 2 (i), the words "used packaging 'are replaced by the words" such packaging or waste packaging'.
7. in Article 2, the following points (k) and (l) are inserted after point (j):
"(k) plastic material made up of polymer as referred to in Article 3 (5) of Regulation (EC) No 1907 / 200633 of the European Parliament and of the Council) 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,
(l) a disposable plastic packaging which is wholly or partly made of plastic and which is not a reusable packaging, '.
Points (k) to (t) shall be renumbered as points (m) to (v).
8. In Article 2 (o), the words "used packaging 'are replaced by the words" packaging or packaging waste'.
9. in Article 2, the following point (s) is inserted after point (r):
"(s) a disposable plastic packaging device which is wholly or partly made of plastic and which is not manufactured, designed or placed on the market in such a way that it can be made during its life cycle
1. use or be able to pass several cycles by returning to the person placing the container on the market or putting it into circulation, or
2. reused for the same purpose for which it was intended, ';
Points (s) to (v) shall be renumbered as points (t) to (w).
10. In Article 2 (t), the words "polymers as defined in Article 3 (5) of Regulation (EC) No 1907 / 200633 of the European Parliament and of the Council) to which additives or other substances may be added and which are able to perform the function of the main structural component of the carrier bags" are replaced by the words "plastic."
11. in Article 2, the following points (v) and (w) are inserted after point (u):
"(v) a beverage bottle used for any kind of drink, in particular beer, wine, drinking water, liquid snacks, juices and nectars, milk or instant drinks intended for direct consumption without the necessary mixing with another product or preparation,
(w) a drinking bottle or a composite container for beverages used for any kind of drink, in particular beer, wine, drinking water, liquid snacks, juices and nectars, milk or instant drinks intended for direct consumption without the necessary mixing with any other product or preparation, ';
Points (v) and (w) shall be renumbered as points (x) and (y).
12. in Article 2 (x), the word "associated" and the words "recovery and recovery of packaging waste" shall be inserted after the words "for reinsurance purposes";
13. In Article 4, the following paragraph 6 is added:
"(6) The person placing on the market the disposable plastic packaging listed in Part A of Annex 4 to this Act shall only be obliged to place on the market such packaging by keeping the cap or cap made of plastic attached to the container for the period of use of the product for the intended purpose. The metal cap or plastic seal cap shall not be considered to be made of plastic. '
14. The heading "Repayable back-up packages' is inserted above the designation of Section 9.
15. The title of Section 9 is deleted.
16. in Paragraph 9 (1):
"(1) For the purposes of this Act, a back-up back-up package shall mean a repackaging for which, as part of a measure under Section 8, a specific cash amount is charged, which is directly linked to the reputable packaging used for the sale of the product and whose return to the buyer is guaranteed when the product is sold after it has been returned or the waste from that package, if it is a one-off package (" advance ').'
17. in Article 9 (4) and (5), the words "repayable back-up packages" shall be replaced by the words "packaging or waste from such packages, if it is repayable back-up disposable packaging,";
18. In Article 9 (6), the words "or waste from the back-up disposable packaging" shall be inserted after the words "the purchase of the back-up packaging," and the words "or waste from such packaging, if the back-up disposable packaging is returned," shall be inserted after the words "the back-up packaging."
19. in Paragraph 9 (7), the words "take back" shall be replaced by the words "or waste from such packaging, if it is a refundable, back-up disposable packaging, to be purchased."
20. the following Section 9a is inserted after Section 9:
(1) The consumer is entitled to transfer the waste from the selected back-up disposable packaging to the collection site of the person who places the selected back-up disposable packaging on the market or put into circulation by sale to the consumer.
(2) The person referred to in paragraph 1 is not the producer of waste in relation to the waste taken over from the selected back-up disposable packaging and its premises need not be a waste facility.
(3) The implementing legislation lays down the types of repayable disposable packaging as referred to in paragraph 1. '
21. In Paragraph 10 (1), the words "under the conditions laid down in paragraphs 2 and 4" shall be added at the end of the second sentence.
22. In the third sentence of Article 10 (1), the words' in particular 'and', in particular 'shall be deleted.
23. In Article 10 (4), the words "which form the collection network of an authorised packaging company 'shall be inserted after the words" for packaging waste';
24th Paragraph 10 (5) reads:
"(5) The person placing on the market or putting into circulation the disposable plastic packaging listed in Part B of Annex 4 to this Act shall be required to achieve, in each calendar year, a minimum level of collection of waste from such packaging,
(a) from 1 January 2025 at least 77% of the weight of such packages placed on the market or put into circulation in a given calendar year; and
(b) from 1 January 2029 at least 90% of the weight of such packages placed on the market or put into circulation in a given calendar year. "
25. In Article 10, the following paragraph 6 is added:
"(6) The implementing act lays down rules for the calculation of the level of recovery of waste from disposable plastic packaging listed in Part B of Annex 4 thereto. '
26. The following Section 10a is inserted after Section 10:
Reimbursement of costs for cleaning packaging waste
(1) The person placing on the market or putting into circulation disposable plastic packaging listed in Part C or D of Annex 4 to this Act is obliged to pay the municipalities, on the basis of a written contract, the costs incurred to clean up the waste from such disposable plastic packaging, which is disposed of outside the places for disposal and subsequent transport and treatment of such waste.
(2) The person placing on the market or putting into circulation the packaging referred to in paragraph 1 shall be obliged by contract to ensure that the share of the contracted municipalities to which the cost of cleaning the waste will be paid is at least 90% of the total number of municipalities in the Czech Republic and that the proportion of inhabitants living in these municipalities is at least 90% of the total population of the Czech Republic.
(3) The costs of cleaning the waste shall be borne by the person placing the packaging on the market or putting it into circulation in accordance with paragraph 1 in such a way as to reflect the actual costs of cleaning the waste and not to be set at a disproportionate level. The method of calculating the costs shall be published by that person on his website. ';
27. Article 11, including the title, reads:
Environmental activity
(1) Persons placing on the market or putting into circulation packaging by sale to the consumer are required to inform the consumer of:
(a) the method of ensuring the recovery pursuant to Article 10 (1);
(b) options for preventing waste from packaging;
(c) the role of consumers in contributing to the recovery and recovery of waste from packaging; and
(d) the negative effects of disposing of waste from packaging outside places intended to be placed on the environment.
(2) A person placing on the market or putting into circulation disposable plastic packaging listed in Part C or D of Annex 4 to this Act is required to inform consumers of the facts referred to in Section 9 (2) of the Act on the limitation of the environmental impact of selected plastic products.
(3) The person placing on the market or putting into circulation disposable plastic packaging listed in Part D of Annex 4 to this Act shall be obliged to act on a change in consumer behaviour in order to reduce the consumption of such packaging.
(4) The implementing legislation provides for a minimum scope and method
(a) informing the consumer in accordance with paragraphs 1 and 2; and
(b) the effect on the change in consumer behaviour referred to in paragraph 3. ';
28. The following Section 12a is inserted after Section 12:
Compulsory content of recycled plastic in packaging
(1) The person placing on the market or putting into circulation disposable plastic packaging listed in Part B of Annex 4 to this Act shall ensure that:
(a) as from 1 January 2025, each disposable plastic packaging listed in Part B of Annex 4 to this Act, which is manufactured from polyethylene terephthalate as the main ingredient and which is placed on the market or put into circulation, contains at least 25% of recycled plastics; and
(b) as from 1 January 2030, each disposable plastic packaging listed in Part B of Annex 4 to this Act, which it places on the market or puts into circulation, contains at least 30% of recycled plastics.
(2) In the case of persons placing on the market or putting into circulation of disposable plastic packaging listed in Part B of Annex 4 to this Act who fulfil their obligations under § 10 to 12a in the manner provided for in § 13 (1) (c), the contained proportion of recycled plastics referred to in paragraph 1 shall be calculated as the average for the relevant authorised packaging company for all such packaging placed on the market or put into circulation for a given calendar year by those persons.
(3) A person placing on the market or putting into circulation disposable plastic packaging as referred to in paragraph 1, subject to the obligation to submit a registration application pursuant to Article 14 (1), shall report to the Ministry of the Environment the quantities of recycled plastic which he has used in such packaging by the submission of documents proving the content of recycled plastic in those packages placed on the market or put into circulation for the previous calendar year at the latest by 15 February of the following year. The notification shall be made by means of an integrated system of environmental reporting obligations or a data box of the Ministry of the Environment intended to fulfil environmental reporting obligations under the Act on the Integrated Environmental Pollution Register and the Integrated System of Reporting obligations in the field of the environment and amending certain laws. ';
29. in Paragraph 13 (1) of the introductory part of the provision, the words "and 12" are replaced by the words "to 12a."
30. in Article 13 (1) (a), the word "or" shall be deleted;
31. in Paragraph 13 (1) (b), the words' shall be inserted after the words' expressly provided '; this shall not apply in respect of the obligation under Article 12a, unless the person to whom the obligations under paragraphs 10 to 12a are transferred by the transfer agreement fulfils those obligations in accordance with Article 13 (1) (c)';
32. in Paragraph 13 (1) (c), the words "the obligation to recover and recover packaging waste under this Act" shall be replaced by the words "the obligations laid down in paragraphs 10 to 12a."
33. in Article 13a (1), the words "under a written contract" shall be deleted;
34. in Article 13a, the following paragraphs 2 and 3 are inserted after paragraph 1, including footnote 36:
"(2) An entrepreneur who, by using means of distance communication (36), sells directly to consumers or other end-users in the Czech Republic from another State where he is established, disposable plastic packaging or packaging products listed in Part C or D of Annex 4 to this Act, is obliged to appoint a representative to carry out the obligations laid down by this Act.
(3) A person established in the Czech Republic who supplies disposable plastic packaging or packaging material listed in Part C or D of Annex 4 to this Act by means of means of distance communication 36) directly to consumers or other end-users in another Member State is required, in accordance with the laws of that Member State, to appoint his authorised representative to carry out the obligations arising from the legislation of that Member State in relation to such disposable plastic packaging or packaging.
36) § 1820 of Act No. 89 / 2012 Coll. '.
Paragraphs 2 and 3 shall be renumbered paragraphs 4 and 5.
35. in Paragraph 13a, at the beginning of paragraph 4, the sentence "The authorised representative may be designated only by written contract."
36. in the last sentence of Article 13a (4), the words "in accordance with paragraph 1 or 2" shall be inserted after the words "the representative."
37. in Article 13a (5), the words "under paragraph 1 or 2" shall be inserted after the word "representative."
38. in Paragraph 14 (1):
"(1) The person who places the packaging on the market or puts it into circulation and who carries a certain obligation laid down in Articles 10 to 12 or in Article 12a (1) shall be required to submit an application for entry in the List of Persons (hereinafter referred to as" the List ") within the scope of paragraph 5."
39. in Article 14 (5) (e), the words "informing consumers pursuant to Article 10 (5)" shall be replaced by the words "providing information under Article 11."
40. in Article 14 (12) (b), the words "and 12" are replaced by the words "to 12 and Article 12a (1)";
41. The following Section 15b is inserted after Section 15a, which includes the title:
Specific provisions on means of packaging
(1) The rights and obligations of the person placing on the market or putting into circulation the disposable plastic packaging referred to in Part D of Annex 4 to this Act shall apply mutatis mutandis to those packaging products.
(2) For the person placing on the market or putting into circulation the means of packaging referred to in paragraph 1, the obligations laid down in Article 15 (1) shall apply mutatis mutandis in respect of such packaging; those obligations shall not apply to the person who has concluded a contract of collective execution for all means of packaging which he places on the market or puts into circulation. The person placing on the market or putting into circulation the means of packaging referred to in paragraph 1 shall keep an interim register in accordance with Article 15 (1) (a) by keeping only records of the quantities of packaging products placed on the market or put into circulation.
(3) For the purposes of Titles III to VII of this Act, with the exception of Section 23, the means of packaging referred to in paragraph 1 shall be treated as packaging. ';
42. In the last sentence of Paragraph 16, the words "the obligation to recover and recover waste from packaging 'are replaced by the words" the obligations laid down in Sections 10 to 12a'.
43. In Article 17 (3), at the end of point (d), the dot is replaced by "and 'and the following point 8 is added:
'8. a proposal for a methodology for the calculation of the costs of cleaning waste from disposable plastic packaging listed in Parts C and D of Annex 4 to this Act pursuant to Paragraph 21 (3), together with the current calculation of those costs, and ';
44. In Article 17, the following point (e) is added at the end of paragraph 3:
"(e) model contracts for:
1. combined performance,
2. cooperation to ensure the recovery and inclusion of the recovery point in the municipal waste management system set up by the municipality; This does not apply if the applicant intends to provide the combined supply only for industrial packaging; and
3. the reimbursement of the costs of cleaning waste from disposable plastic packaging as referred to in Article 21 (1) (d), if it intends to provide associated supplies for such packaging; This shall not apply if the arrangements for reimbursement of such costs are included in the contract referred to in point 2. ';
45. in Article 17 (7) (f), the words "informing consumers of their role in contributing to the recovery and recovery of packaging waste" shall be replaced by the words "information activities under Article 11."
46. in Article 21 (1) (d) and (e):
"(d) conclude, under conditions similar to those of the other municipalities, a cooperation agreement with each municipality, ensuring the recovery and inclusion of the collection point in the municipal waste management system set up by the Municipality (35) and a contract to cover the costs of cleaning disposable plastic packaging waste referred to in paragraph 1 (b). (k) point (3) where it provides the combined supply for such packaging and the arrangements for the reimbursement of such costs are not part of the cooperation contract in order to ensure recovery; the authorised company may not require any form of remuneration for the conclusion of the contract;
(e) ensure the joint fulfilment of the obligations of persons placing packaging on the market or putting into circulation with whom they have entered into a contract for collective execution in accordance with the conditions laid down in this Act and in the authorisation decision; ';
47. in Article 21 (1), the following point (h) is inserted after point (g):
"(h) to achieve the minimum level of recovery of waste from packaging listed in Part B of Annex 4 to this Act covered by the associated contracts concluded by it pursuant to Article 10 (5);"
Points (h) to (o) shall be renumbered as points (i) to (p).
48. in Article 21 (1) (i):
"(i) to determine the average cost of municipalities for the different size groups of municipalities of:
1. the operation of the packaging recycling and recovery system; and
2. the cleaning of waste from disposable plastic packaging referred to in Parts C and D of Annex 4 to this Act, which is disposed of outside of the places for disposal and for the subsequent transport and treatment of such waste;
in the operation of several authorized companies in the Czech Republic, one authorized company is determined in accordance with § 21c (3), "
49. in Article 21 (1) (j), the words "and in waste which is handled in waste treatment plants before their recovery by sorting waste" shall be inserted after the words "to determine the proportion of packaging waste in sorted municipal waste."
50. in Article 21 (1) (k):
"(k) to ensure that the amount of cash contributions paid by persons placing packaging on the market or putting it into circulation in order to ensure the combined performance covers:
1. the cost of the re-collection, transport and processing of packaging and waste from packaging;
2. the cost of achieving the required level of recycling and the total recovery of packaging waste under the authorisation decision, taking into account the economic value of materials derived from packaging waste and the outstanding advances referred to in Article 9 (1);
3. the costs incurred by municipalities for the cleaning of waste from disposable plastic packaging referred to in Parts C and D of Annex 4 to this Act, which are disposed of outside the places for disposal and for the subsequent transport and treatment of such waste,
4. costs of information activities pursuant to Article 11;
5. the costs of keeping records pursuant to Article 23 (1);
6. the cost of creating a reserve pursuant to Paragraph 21a; and
7. normal administrative costs necessary to ensure the activities of an authorised company; ';
51. in Paragraph 21 (1) (m), the words "the provision of waste services to cost-effective" shall be replaced by the words "the performance of these obligations shall be replaced by the words" economic "and the words" these "shall be deleted;
52. In Article 21, the following paragraphs 2 and 3 are inserted after paragraph 1:
"(2) The authorised company providing the joint fulfilment of the obligation under § 10a is obliged to have, within 1 year of the date of the acquisition of legal power, a contract of at least such number of municipalities as the share of contracted municipalities to which the costs will be borne is 90% of the total number of municipalities in the Czech Republic and 90% of the total population of the Czech Republic.
(3) Methodology for the calculation of waste cleaning costs as referred to in paragraph 1 (b) (k) point (3) must be drawn up by the authorised company on the basis of the average costs determined in accordance with paragraph 1 (i) (2) in order to reflect the real costs of cleaning the waste and not to be set at a disproportionate level. The authorised company shall publish this methodology on its website. ';
Paragraphs 2 to 4 shall be renumbered paragraphs 4 to 6.
53.In Article 21 (4), the text "l)" is replaced by the text "m)."
54. Paragraph 21 (6) reads:
"(6) Where the authorised company provides the combined services exclusively for:
(a) the repayable back-up packaging is not subject to the obligations referred to in paragraph 1 (f) and (g), Article 10 (2) and (3) and Article 21b; or
(b) industrial packaging shall not be subject to the obligations referred to in paragraph 1 (d), (i) and (j), paragraph 1 (k) (1) and (3) and paragraphs 21b and 21c. ';
55. in Paragraph 21c (2):
"(2) Authorised companies are required to act in the context of coordination in order to reach agreement on the volume of funds
(a) provided to operators of waste sorting facilities, for each packaging material listed in Annex 3 to this Act separately; after reaching agreement on the volume of funds provided to the operators of waste sorting facilities for each packaging material, individual authorised companies shall contribute to the volume of funds according to their market share established for the relevant packaging material in accordance with Article 21b (1); and
(b) incurred to ensure the mandatory content of recycled plastic in packaging pursuant to Article 12a in the framework of the combined supply. ";
56. In the first sentence of Article 21c (3), the words "the costs of municipalities operating the packaging waste collection scheme referred to in Article 21 (1) (h) 'are replaced by the words" the average costs of municipalities under Article 21 (1) (i)'.
57. In Paragraph 21c (4), the words "and in the waste which it is disposed of in waste treatment plants before their recovery in the sorting of waste" shall be inserted after the words "Share of packaging waste in sorted municipal waste."
58. in Article 21c (6) (b), the words "the recovery and recovery of waste from packaging" shall be replaced by the words "the fulfilment of obligations" and the words "the 12" shall be replaced by the words "to 12a."
(59) In Article 23 (1), the following point (d) is inserted after point (c):
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Regulation Information
| Citation | Act No. 244 / 2022 Coll., amending certain laws in connection with the adoption of the law on the limitation of 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 |
Legal Areas:
Economic (State)
Administrative law
Parliamentary Paper:
Paper No. 56
Public Contracts 2
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