What is Decree No. 30 / 2021 Coll.?

Decree No. 30 / 2021 Coll., on the implementation of certain provisions of the Law on Packaging — Decree on the implementation of certain provisions of the Packing Act.

When it became Decree No. 30 / 2021 Coll. effectiveness?

Decree No. 30 / 2021 Coll. became effective 16.02.2021.

Is Decree No. 30 / 2021 Coll. still valid?

Yes, Decree No. 30 / 2021 Coll. is still valid and effective.

How many times was it Decree No. 30 / 2021 Coll. amended?

Decree No. 30 / 2021 Coll. has 4 time versions of the text.

Decree No. 30 / 2021 Coll. - Decree on the implementation of certain...

30

DECLARATION

of 26 January 2021

on the implementation of certain provisions of the Packing Act

According to Section 50 (2) of Act No. 477 / 2001 Coll., on Packaging and on the amendment of certain laws (Act on Packaging), as amended by Act No. 94 / 2004 Coll., Act No. 149 / 2017 Coll. and Act No. 545 / 2020 Coll., ("the Act ') for the implementation of § 9a (3), § 10 (6), § 11 (4), § 15 (4), § 21b (7), § 23 (5) and § 23a (6) of the Act:

§ 1

Subject matter

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

(a) the scope of keeping records;

(b) the extent and manner of reporting of data from these registers;

(c) minimum scope of data verification

1. the quantity of packaging placed on the market or put into circulation by an authorised company; and

2. the declared authorised companies are the producers of waste and the persons carrying out certain activities for it;

(d) rules for the calculation of the recovery of packaging waste;

(e) rules for the calculation of the level of recycling of waste from disposable plastic packaging listed in Part B of Annex 4 to the Act ("disposable plastic beverage bottle");

(f) the minimum extent and manner of informing the consumer and the effect of changing its behaviour;

(g) the types of repayable back-up disposable packaging provided for in Section 9a (1) of the Act.

§ 2

Basic concepts

For the purposes of this decree:

(a) the materials concerned are materials of packaging waste which are processed under the recycling into products, materials or non-waste substances;

(b) untouched waste materials which are not processed into non-waste products, materials or substances under the recycling process;

(c) prior processing of any treatment to which materials of packaging waste are submitted before recycling; This includes control, sorting and other preparatory activities to remove intact materials and ensure high quality recycling,

(d) the place of calculation of the place where waste materials from packaging enter recycling, which is converted into products, materials or substances which are not waste, or where waste materials cease to be waste as a result of preparatory activities prior to reprocessing;

(e) the place of measurement of the mass of waste materials to determine the amount of waste at the place of calculation;

(f) a cycle of rotation carried out by the reusable packaging from the moment it is placed on the market with the goods it is intended to contain and protect and the handling, supply or presentation of which is intended to allow, until it is sent back for re-use to the reusable packaging system for re-marketing with the goods;

(g) an organisational, technical or financial measure for reusable packaging system to ensure that reusable packaging passes several cycles.

§ 3

Scope of keeping records

(1) The person who places the packaging on the market or puts it into circulation shall keep a record of the packaging to at least the extent of the information provided for in the reporting obligation provided for in Article 4 (1) to (4).

(2) The Authorised Society shall keep a register, at least to the extent of the information provided for in the reporting obligation provided for in Article 4 (5):

(a) the persons with whom he has concluded a contract for a joint transaction;

(b) the quantity of packaging and the amount of waste from packaging and the method of recovery;

(c) the quantities of disposable plastic packaging products listed in Part D of Annex 4 to the Act which have been placed on the market and to which the combined performance contracts have been concluded to it;

(d) persons who provide for an authorised company the collection, processing or other handling of packaging or waste from packaging and waste agents;

(e) collection points;

(f) the cost of consultancy and research projects; and

(g) the quantities of recycled plastic used by persons placing on the market or putting into circulation disposable plastic packaging as referred to in Article 12a (1) of the Act in those packages to which it is subject by the associated transaction contracts.

§ 4

Scope and manner of reporting of registration data

(1) A person who places packaging on the market or puts into circulation, unless he is a person referred to in paragraph 2 or 3, shall report to the Ministry of the Environment (hereinafter referred to as "Ministry") data from the packaging records referred to in Article 3 (1) in the form of the completed annual statements set out in Annexes 1 and 3 to this Decree; where the person also places reusable packaging in the market or put into circulation complying with the conditions laid down in Article 13 (3) of the Act, he shall also report the records in the form of the completed annual statement set out in Annex 2 to this Order.

(2) A person who places only reusable packaging on the market or put into circulation, complying with the conditions laid down in Article 13 (3) of the Act, shall report to the Ministry the data from the packaging records referred to in Article 3 (1) in the form of the completed annual statements set out in Annexes 1 and 2 to this Decree.

(3) A person who has proven to place on the market or put into circulation less than 300 kg of packaging per calendar year shall report to the Ministry data on the packaging records referred to in Article 3 (1) in the form of the completed annual statements set out in Annexes 1 and 4 to this Decree.

(4) A person who places on the market or puts into circulation disposable plastic drinking bottles shall report to the Ministry the records of such packages in accordance with Article 3 (1) in the form of the completed annual statements listed in Annexes 1 and 5 to this Decree.

(5) The Authorised Society reports to the Ministry the records referred to in Article 3 (2) in the form of the completed statements set out in Annexes 5 and 6 to this Decree. Completed statements

(a) Tables 1 to 3 and 7 of Annex 6 thereto shall be notified by the authorised company for each quarter no later than the end of the following quarter;

(b) Tables 1 to 6 and 8 to 11 of Annex 6 thereto shall be notified by the authorised company for the previous calendar year no later than 30 April of the following year.

§ 5

Minimum scope of verification of the quantity of packaging placed on the market or put into circulation of the authorised company declared

(1) The Authorised Society shall ensure that the auditor verifies the accuracy and completeness of the data on the quantities of packaging placed on the market or put into circulation declared by the authorised companies by the persons who have concluded a mixed performance contract with it, at least by:

(a) provide for an annual audit of at least 20% of the total packaging flow of disposable packaging which has been placed on the market or put into circulation and charged by an authorized company to persons who have concluded a contract with it for collective execution (hereinafter referred to as "single-way charging");

(b) for obliged persons who place on the market or put into circulation more than 3 000 tonnes per year of toll single-way packaging, they shall provide for an audit at least every 3 years;

(c) in the case of obliged persons who place on the market or put into circulation between 1 000 tonnes per year and 3 000 tonnes of charged single-way packaging, an audit shall be carried out at least once every 5 years; and

(d) for obliged persons who place on the market or put into circulation less than 1 000 tonnes per year of toll single-way packaging, audits shall cover at least 10% of the packaging flow of all such persons.

(2) For the definition of a group of audited obliged persons, including the required percentage of the packaging flow of the charged single-way packaging, they shall serve in the calendar year in which audits are carried out, the quantities of registered single-way packaging for the previous calendar year.

(3) Where the quantities of single-way packages which the debtor has placed on the market or put into circulation vary in each year and it is not possible to determine precisely whether they belong to the group of obliged persons referred to in paragraph 1 (a). (b) or (c), for its inclusion in the relevant group, the average quantity of single-way packages charged for the last 3 calendar years for the inclusion in the group referred to in paragraph 1 (b) or for the last calendar 5 years for the inclusion in the group referred to in paragraph 1 (c) shall be used.

(4) If the audit was started in one year and completed in the following year, the audit shall be deemed to have taken place in the year in which it began. An audit completed in another year shall be counted only in the year in which it began.

(5) The selection of the audited period by the auditor shall not affect the fact in which the audit was carried out.

(6) The auditor shall select a sample of at least two statements covering at least a calendar half-year, supplied by a obliged entity of an authorised company under a contract for collective transactions; the sample thus selected is considered sufficient to account for the annual amount of one-way packages charged to the total quantity of one-way packages verified.

§ 6

Minimum scope of verification of the data reported to the authorised company by the producers of waste and by persons providing certain activities for it

(1) The Authorised Society shall ensure that the auditor verifies the accuracy and completeness of the data reported by the Authorised Companies by persons who provide for the Authorised Society the collection, processing or other handling of packaging or packaging waste, and the producers of waste at least by:

(a) for producers of waste which provide the company with waste from packaging for recovery in excess of 200 tonnes during the calendar year, the audit shall take place at least once every 3 years;

(b) for producers of waste which provide for the company authorised to handle waste from packaging for recovery of between 20 and 200 tonnes during the calendar year, the audit shall take place at least once every 5 years;

(c) for producers of waste which provide the company with waste from packaging for recovery of less than 20 tonnes during a calendar year, the audits shall cover at least 5% of the waste from packaging which they have treated for recovery; and

(d) for persons authorised to dispose of waste which they carry out for an authorised company during the calendar year of treatment of packaging waste for recovery or recovery purposes

1. in quantities exceeding 5 000 tonnes, the audit shall take place at least once every three years;

2. in quantities of less than 5 000 tonnes, audits shall cover at least 10% of the waste from packaging which they have handled for recovery or the recovery of which they have ensured.

(2) For the definition of a group of audited persons and the determination of the percentage of the quantities of waste from packaging referred to in paragraph 1, the quantity of waste from packaging they have handled for recovery or the recovery of which they have been provided in the previous calendar year shall be determined in the calendar year in which the audits are carried out.

(3) Where the quantity of packaging waste for which recovery or recovery operations for an authorised company are carried out by the relevant person varies in each year and it is not possible to determine precisely whether it belongs to the group referred to in paragraph 1 (a), (b) or (d) (1), the average amount of packaging waste that has been treated for recovery or used under contracts with an authorised company for the previous 3 calendar years for inclusion in the group referred to in paragraph 1 (a) or (d) (1) or for the previous 5 calendar years for inclusion in the group referred to in paragraph 1 (b) shall be used for inclusion in the group.

(4) If the audit was started in one year and completed in the following year, the audit shall be deemed to have taken place in the year in which it began. An audit completed in another year shall be counted only in the year in which it began.

(5) The selection of the audited period by the auditor shall not affect the fact in which the audit was carried out. The audit shall also include checking whether the recovery of the same packaging waste is not included in the register of more than one obliged person or authorised company.

(6) In the event of multiple authorized companies operating in the Czech Republic, the value of the amount of packaging waste expressed in tonnes in paragraph 1 shall be adjusted according to the last declared market share of the authorised company.

§ 7

Rules for calculating the recovery of packaging waste

(1) Waste from packaging, which was produced in the Czech Republic and was sent for use in another Member State of the European Union, is considered to be used in the Czech Republic.

(2) Waste from packaging exported outside the European Union is considered to be used only where there is sufficient evidence that the recovery took place under conditions generally comparable to those laid down by the relevant directly applicable European Union legislation (2).

(3) Waste from packaging not produced in the Czech Republic and sent for use in the Czech Republic is not considered to be used in the Czech Republic.

(4) The weight of waste recovered from packaging is measured using the natural moisture level of packaging waste comparable to the moisture level of the packaging placed on the market.

(5) The weight of recovered packaging waste shall be reported without the weight of non-packaging materials collected together with packaging waste, where possible.

Rules for calculating the recycling of packaging waste

§ 8

(1) The quantity of recycled waste from packaging is the quantity of waste at the place of calculation. The amount of waste from packaging entering recycling includes the materials concerned. Non-affected materials may only include to the extent that their presence is permissible for a specific recycling method. The calculation sites to be used for certain packaging waste materials and certain recycling methods are listed in Annex 7 to this Decree.

(2) Where the measurement site is related to the output of an installation that dispatches waste from packaging for recycling without further prior processing or to the entry of an installation where waste from packaging enters recycling without further prior processing, the amount of sorted waste from packaging that is rejected by the recycling facility shall not be included.

(3) Where an installation carries out pre-treatment before the place of calculation at the installation, waste which is disposed of during pre-treatment shall not be included in the amount of recycled waste from packaging declared by the installation.

(4) Where the recycled quantity of the relevant waste material from packaging includes waste from packaging which is degradable by biodegradation subject to aerobic or anaerobic treatment, the amount of such waste from packaging in biodegradable waste shall be determined by analysing the composition of biodegradable waste entering those processes. Biodegradable waste from packaging which is disposed of before, during or after the recycling process shall not be included.

(5) Where the moisture level of packaging waste at the place of measurement differs from that of packaging placed on the market, the amount of packaging waste at the place of measurement shall be corrected to reflect the degree of natural moisture of packaging waste comparable to the moisture level of the packaging placed on the market.

§ 9

(1) The quantity of recycled packaging waste does not include non-packaging materials collected together with packaging waste, in particular waste from the same material not derived from packaging, and residues of products containing packaging.

(2) Where waste from packaging produced in the Czech Republic has been mixed with other waste or waste from another country before the place of measurement or the place of calculation, the proportion of waste from packaging originating in the Czech Republic shall be determined using appropriate methods, in particular electronic registers or sample surveys. If such waste undergoes further preliminary treatment, the amount of untouched materials removed by such treatment shall be deducted taking into account the proportion and, where appropriate, the quality of waste materials derived from packaging waste from the Czech Republic.

(3) Where materials of packaging waste enter recovery processes in which such materials are used primarily as fuel or as other means of producing energy, the output of such processes which are subject to recovery of the material, in particular mineral fractions of coincineration or co-incineration clinker, shall not be included in the amount of recycled packaging waste, except metals separated and recycled after incineration of packaging waste. Metals included in the mineral output of the process of co-incineration of packaging waste shall not be reported as recycled.

(4) Where waste materials from packaging enter recovery processes in which these materials are not used primarily as fuel or as other means of producing energy or for the recovery of materials, but result in an output that contains significant quantities of recycled materials, fuels or restocking materials, the amount of recycled waste shall be determined by means of a mass balance approach which will only take into account those waste materials which are subject to recycling.

§ 10

(1) In addition, the weight of the output from the sorting plant heading into the recycling process may also be considered to be the amount of recycled waste from packaging, provided that there is no significant decrease in the weight of the actual recycled waste from packaging compared to that from the sorting plant (3).

(2) The mass of the output from the sorting plant which is directed towards the recycling process may also be used to determine the amount of recycled waste from packaging when the mass of recycled waste from the recycling process, including recycling, decreases in the mass of recycled waste from the sorting plant, which cannot be clearly determined, but is determined by calculating the average losses and deducted from the mass of this output (3).

§ 11

(1) The quantity of recycled metal waste from packaging separated from the incineration scrap is the mass of metals separated from the scrap resulting from the combustion process of plants performing the energy recovery or incineration process and intended for further material recovery or recycling. This quantity does not include other materials contained in the chippings, in particular mineral clumps or metals not derived from packaging waste.

(2) The methodology set out in Annex No 8 to this Decree shall apply to the calculation of the mass of recycled metal waste from packaging separated from the incineration scrap.

§ 11a

Rules for the calculation of the level of recycling of waste from disposable plastic drinking bottles

(1) The level of recycling of waste from disposable plastic drinking bottles is calculated by dividing the mass of recovered waste from disposable plastic drinking bottles in a given calendar year by the weight of such disposable plastic drinking bottles placed on the market in the same calendar year. The resulting ratio shall be expressed as a percentage.

(2) Weight of recovered waste from disposable plastic drinking bottles

(a) includes the weight of their caps and lids;

(b) does not include the weight of any remaining beverages; and

(c) may cover the weight of labels and adhesives only if it is also included in the weight of disposable plastic drinking bottles placed on the market.

(3) Waste from disposable plastic drinking bottles may be counted as recovered if withdrawn

(a) separately from any other waste; or

(b) other waste from packaging or other plastic, metal, paper or glass parts of waste not derived from packaging; and

1. no waste which may contain hazardous substances shall be collected under the recovery system; and

2. recovery and subsequent sorting shall be designed and carried out to minimise contamination of recovered waste from disposable plastic drinking bottles with other waste.

(4) Mass of recovered waste from disposable plastic drinking bottles which has been recovered

(a) separately from any other waste shall be measured at the place where it was recovered or at the exit from the sorting plant; the weight of this bottle waste may be calculated by calculating the bottles if conversion factors are used to take account of the weight of the bottle of each size, the type of polymer of bottles and caps and the losses in subsequent sorting operations; or

(b) with other waste from packaging or other plastic, metal, paper or glass parts of waste not coming from packaging as referred to in paragraph 3 (b), shall be measured at the exit from the sorting plant.

(5) Where waste from disposable plastic drinking bottles and other waste is present at the exit from the sorting plant, the mass of waste from disposable plastic drinking bottles shall be proportional to the proportion of waste from disposable plastic drinking bottles at the entrance to the sorting plant. This proportion shall be determined on the basis of representative sampling and subsequent composition analysis.

(6) The weight of disposable plastic drinking bottles placed on the market shall comprise only the weight of bottles placed on the market after filling with beverages.

§ 11b

Minimum scope and manner of informing the consumer and the effect on changing its behaviour

(1) The person placing the packaging on the market or putting it into circulation shall use at least the following means of information and methods each year when informing the consumer:

(a) radio or television broadcasting;

(b) electronic communication, such as through social networks, Internet presentations or banners;

(c) personal communications, such as through school educational events, exhibitions or fairs; and

(d) periodical printing.

(2) Consumer information must stress the importance of its position on responsible management of packaging waste, in particular the importance of sorting packaging waste and the consumer's personal responsibility for the environmental impact of packaging waste.

(3) Consumer information must be carried out taking into account the population aged between 6 and 15.

(4) In carrying out the consumer information referred to in paragraph 1, the name of the person who organises it and ensures its financing or the brand or name of the information campaign shall be indicated.

(5) The costs of informing the consumer in a given year shall correspond to at least 2% of the total costs incurred in fulfilling the obligations laid down by law for the recovery and recovery of packaging waste, information activities and other obligations related thereto.

(6) The person placing on the market or putting into circulation the disposable plastic packaging listed in Part D of Annex 4 to the Act shall act to change the consumer's behaviour in order to reduce the consumption of such disposable plastic packaging by carrying out a permanent information campaign on the subject, using the means and methods referred to in paragraph 1.

§ 11c

Types of selected back-up disposable packaging according to § 9a (1) of the Act

The types of back-up, back-up, disposable packaging which the consumer is entitled to transfer as waste to a collection site to the premises of the person placing such packaging on the market or putting it into circulation by sale to the consumer without the producer of the waste or its establishment being a waste facility are listed in Annex 9 to this Decree.

§ 12

Transitional provisions

(1) Persons who place packaging on the market or put into circulation and authorised companies shall report data under this Decree for the first time for the reporting year 2021.

(2) In order to fulfil the reporting obligation for the reporting year 2020, the persons who place the packaging on the market or put into circulation and the authorised company pursuant to Decree No. 641 / 2004 Coll., on the scope and manner of keeping the packaging records and the reporting of the data from this registration, as effective before the date of entry into force of this decree.

§ 13

Repeal

They shall be deleted:

1. Decree No. 641 / 2004 Coll., on the scope and manner of keeping the records of packaging and reporting data from this register.

2. Decree No. 400 / 2017 Coll., amending Decree No. 641 / 2004 Coll., on the scope and manner of keeping the packaging records and reporting the data from this register.

§ 14

Efficacy

This decree shall take effect on the 15th day following its publication.

Minister of Environment:

Mgr. Brabec v. r.

Příloha č. 1

Annex No 1 to Decree No 30 / 2021 Coll.

Příloha č. 2

Annex No 2 to Decree No. 30 / 2021 Coll.

Příloha č. 3

Annex No. 3 to Decree No. 30 / 2021 Coll.

Příloha č. 4

Annex No. 4 to Decree No. 30 / 2021 Coll.

Příloha č. 5

Annex No 5 to Decree No. 30 / 2021 Coll.

Annual statement for persons placing on the market or putting into circulation disposable plastic drinking bottles

The figures in the table are to be completed in tonnes (excluding those in columns 2 and 4)

	1	2	3	4
Materiál použitý k výrobě nápojových lahví*	Uvedeno na trh	Podíl použitých recyklovaných plastů (%)	Zpětný odběr	Zpětný odběr (%)
PET
PVC
PE
PP
PS
Jiné
Celkem

* Drinking bottles according to Part B of Annex 4 to the Law, according to the weight-predominant material

Data on disposable plastic drinking bottles must also be included in the annual declaration of disposable packaging (single-way packaging) and reusable packaging which do not comply with the criteria of Section 13 (3) of the Act (Annex 3 to this Decree) or the annual statement for persons placing on the market or putting into circulation less than 300 kg of packaging per year (Annex 4 to this Decree).

Column 1

Total weight of bottles marketed in the Czech Republic - total weight of bottles exported from the Czech Republic. Paragraph 11a (6) shall apply to the calculation.

Column 2

Mass share of recycled plastic used in bottles. Where bottles with different proportion of recycled plastics are placed on the market in a given commodity, the proportion of recycled plastics in that commodity must be determined as a weighted average according to the formula (M1 * R1 + M2 * R2 + Mn * Rn) / (M1 + M2 + Mn) where M represents the weight of bottles with a certain proportion of recycled plastics and R represents that proportion of recycled plastics.

Column 3

Total weight of recovered waste from disposable plastic drinking bottles. Paragraph 11a (2) to (5) shall apply in determining the weight.

Column 4

Columns (3 / 1) * 100.

Příloha č. 6

Annex 6 to Decree No. 30 / 2021 Coll.

Statements of the authorized company on the registration data pursuant to Article 23 (1) of the Act

Table 1:

Table 2:

Quantity of packaging placed on the market, quantity of waste generated from packaging and method of handling (tonnes) - sales packaging intended for the consumer

Table 3:

Total quantity of packaging placed on the market, quantity of waste generated from packaging and handling (tonnes)

Authorised company report on lightweight plastic bags

Table 4

Počet lehkých plastových tašek uvedených na trh (kusů)
Z toho tašky < 15 mikronů (kusů)
Z toho tašky 15 < 50 mikronů (kusů)

Table 5

Hmotnost lehkých plastových tašek uvedených na trh (t)
Z toho tašky < 15 mikronů (t)
Z toho tašky 15 < 50 mikronů (t)

Report of an authorized company on disposable plastic drinking bottles and waste thereof

Table 6

The figures in the table are to be completed in tonnes (excluding those in columns 2 and 4)

	1	2	3	4
Materiál použitý k výrobě nápojových lahví*	Uvedeno na trh	Podíl použitých recyklovaných plastů (%)	Zpětný odběr	Zpětný odběr (%)
PET
PVC
PE
PP
PS
Jiné
Celkem

Citation	Decree No. 30 / 2021 Coll., on the implementation of certain provisions of the Law on Packaging
Regulation Type	Order
Author	-
Collection	Code of Laws

Date of Promulgation	01.02.2021
Effective from	16.02.2021
Effective until	-
Status	Valid

Decree No. 30 / 2021 Coll.

Decree on the implementation of certain provisions of the Packing Act

Contents

§ 1

§ 2

§ 3

§ 4

§ 5

§ 6

§ 7

§ 8

§ 9