Act No. 314 / 2006 Coll.
Act amending Act No. 185 / 2001 Coll., on waste and amending certain other laws, as amended, and Act No. 140 / 1961 Coll., Criminal Act, as amended
Valid
Law
Effective from 22.06.2006
314
THE LAW
of 23 May 2006
amending Act No. 185 / 2001 Coll., on waste and amending certain other laws, as amended, and Act No. 140 / 1961 Coll., the Criminal Act, as amended
Parliament has decided on this law of the Czech Republic:
Amendment of the Waste Act
Act No. 185 / 2001 Coll., on waste and amending certain other laws, as amended by Act No. 477 / 2001 Coll., Act No. 76 / 2002 Coll., Act No. 275 / 2002 Coll., Act No. 320 / 2002 Coll., Act No. 356 / 2003 Coll., Act No. 167 / 2004 Coll., Act No. 188 / 2004 Coll., Act No. 317 / 2004 Coll., Act No. 7 / 2005 Coll., Act No. 444 / 2005 Coll. and Act No. 186 / 2006 Coll., is amended as follows:
1. in § 4 (s):
"s) placing the product on the market in the Czech Republic (hereinafter referred to as" placing on the market ") - the first payment or free of charge of the product to another person in the Czech Republic by its manufacturer or person who acquired it from another Member State of the European Union. Imports of the product shall also be considered as placing on the market. ';
2. In Article 4, at the end of (s), the dot is replaced by a comma and the following points (t) to (v) are added:
"(t) by putting the product into circulation - any transfer of the product to another person in the Czech Republic after its placing on the market,
(u) import of the product - the release of the product from a country outside the European Communities into the territory of the Czech Republic for free circulation, customs warehousing, inward processing, processing under customs control or temporary importation;
(v) distributor - the one who carries out the following business in the supply chain after marketing. ';
3. In Paragraph 10 (3), the words "produced, imported or 'are deleted.
4. The following Section 10a is inserted after Section 10, including footnote 15a:
(1) For the purposes of this Part of the Act:
(a) community composting - a system for collecting and collecting plant residues from green maintenance and gardens on the territory of the municipality, their treatment and subsequent processing into green compost,
(b) green compost - substrate resulting from the composting of plant residues,
c) public greenery - parks, forest parks, sports grounds, children's playground and publicly accessible grassy areas in the village indolent.
(2) The municipality may, in its own competence, as a waste prevention measure, provide for a generally binding decree of the municipality for a Community composting system and a method of using green compost to maintain and restore public green within the municipality.
(3) The adaptation and composting of green residues must be carried out in such a way as to avoid disrupting environmental compartments beyond the limits laid down by specific legislation. The composting process shall be controlled in such a way as to ensure aerobic microbial degradation of organic matter without odour and methane emissions.
(4) The use of green compost other than that referred to in paragraph 2 may only be made subject to the conditions laid down in specific legislation15a).
15a) For example, Act No. 156 / 1998 Coll., on Fertilisers, Soil Auxiliary Substances, Auxiliary Plant Products and Substance and on Agrochemical Testing of Agricultural Soils (Fertilisers Act), as amended, Decree No. 474 / 2000 Coll., on Determination of Fertilisers Requirements, as amended. '
5. In Article 12 (3), the words "or the operator of the installation referred to in Article 33b (1) (b)" shall be inserted after the words "operator of the installation referred to in Article 14 (2)."
6. In Paragraph 14 (5), the dot at the end of point (d) is replaced by a comma and the following point (e) is added:
"(e) details of the sampling of waste for the purpose of determining its properties in the handling of such waste.";
7. In Paragraph 25 (1), the words "and other biodegradable waste 'shall be added at the end of the text in point (d).
8. Paragraph 31 (2) and (3) read:
"(2) Persons placing on the market batteries, accumulators or devices in which batteries or accumulators are incorporated shall:
(a) identify them with data concerning the possibility of their re-collection and the content of heavy metals contained therein;
(b) inform consumers of the dangers associated with the illegal disposal of spent batteries and accumulators.
(3) Persons placing on the market equipment requiring the installation of a battery or accumulator shall ensure that the consumer can easily remove the batteries or accumulators when used. If the device does not allow easy removal of batteries or accumulators, instructions for the user to remove them safely shall be attached to the device. '
9. Paragraph 31 (4) is deleted.
Paragraphs 5 to 8 shall be renumbered paragraphs 4 to 7.
10. In Paragraph 31 (4), the words "produce and import 'are replaced by the words" place on the market'.
11. The words "and other biodegradable waste 'shall be added to the heading of Part 4 above Section 32.
12. The following Sections 33a and 33b are inserted after Section 33:
For the purposes of this Part of the Act:
(a) biodegradable waste - any waste subject to aerobic or anaerobic decomposition;
(b) biodegradable waste facilities - equipment for aerobic or anaerobic degradation of biodegradable waste.
Obligations for biological treatment of biodegradable waste
(1) The operator of an installation for the collection, purchase or recovery of biodegradable waste shall:
(a) operate the plant with the agreement to operate the plant and its operating rules pursuant to Article 14 (1), with the exception of an installation which processes usable biodegradable waste for a single site in quantities not exceeding 10 tonnes of such waste per year ("small plant"); the annual quantity of biodegradable waste processed by small installations shall not exceed 150 tonnes;
(b) operate a small establishment on the basis of the positive expression of the municipal authority of the municipality with extended scope pursuant to § 79 (4) (e) and in accordance with the specific human and environmental health legislation in accordance with which the establishment and operation of the establishment are established;
(c) modified biodegradable wastes to evaluate and classify the procedures and methods laid down in the implementing legislation and to identify and equip them in accordance with it with instructions for use;
(d) treated biodegradable waste which cannot be classified in any of the groups laid down in the implementing legislation and the residual waste, after treatment of biodegradable waste which is no longer biodegradable waste, shall be disposed of for recovery or disposal to the authorised person pursuant to Article 12 (3).
(2) The classification of biodegradable waste according to its actual characteristics, composition and method of material recovery into one of the groups provided for in the implementing legislation, its labelling and its equipment as a guide for use is its final material recovery pursuant to Article 4 (m).
(3) The Ministry, in cooperation with the Ministry of Agriculture and the Ministry of Health, provides for implementing legislation
(a) a list of biodegradable waste;
(b) methods of biological treatment of biodegradable waste;
(c) technical requirements for the equipment and operation of biodegradable waste facilities, depending on the quantity and type of biodegradable waste covered by it;
(d) technological requirements for the treatment of biodegradable waste;
(e) the content of the operating schedule of the installation;
(f) requirements for the quality of waste entering material recovery technology for biodegradable waste;
(g) the method and criteria for assessing and classifying modified biodegradable waste into groups according to the methods of its material recovery;
(h) limit values for concentrations of foreign substances and indicator organisms at the outputs of the biological waste treatment plant, methods for determining concentrations of foreign substances;
(i) the frequency and methods of sampling, the labelling of groups according to their method of biological treatment and the criteria for evaluating treated biodegradable waste as biodegradable waste. ';
13. in Paragraph 36, point (d) is deleted;
Points (e) to (g) shall be renumbered (d) to (f).
14. in Paragraph 37 (7) (c), the word "importer" is replaced by the word "representative 31e";
Footnote 31e:
"31e) § 2 (10) of Act No. 56 / 2001 Coll., on the Conditions of Road Traffic, as amended by Act No. 103 / 2004 Coll. '.
15. In Section 37a, the word "importers' is replaced by" accredited representatives'.
16. in Article 37a (1), the word "importers" shall be replaced by "representatives" 31e and the words "where appropriate, their successors in title (" accredited importers ") shall be deleted;
17. in Article 37a (2) and (4), the word "importer" shall be replaced by "representative."
18. In Paragraph 37a (2), the word "importer 'is replaced by the word" representative'.
19. in Paragraph 37b, the dot is replaced by a comma at the end of paragraph 1 and the following point (h) is added:
"(h) to be involved in the information system for monitoring the flows of selected cars, as provided for in the implementing legislation.";
20. In Article 37b (2), the words "including the information system for the monitoring of the flows of selected cars" shall be inserted after the words "records taken over."
21. in Paragraph 37c, the dot is replaced by a comma at the end of paragraph 1 and the following point (j) is added:
"(j) to be involved in the information system for the monitoring of the flows of selected cars provided for in the implementing legislation. If he is not the last processor of the selected cars himself, he shall, together with the waste from the selected cars, transmit to each subsequent processor data on the partial processing in accordance with the implementing legislation. ';
22. in Article 37c (2), the word "importer" is replaced by "accredited representative."
23. In § 37i, the sentence "Only those producers referred to in § 37g (e) who are permanently in business in the Czech Republic shall be entered in the List at the end of paragraph 1."
24. In Paragraph 38, the sentence "The operator of the point of re-collection of the products used shall, upon request, issue a certificate of re-withdrawal to the consumer with the formalities laid down in the implementing legislation. 'is added at the end of paragraph 7.
25. In Paragraph 66 (2), "CZK 300,000" is replaced by "CZK 1 000 000."
26. in Paragraph 66 (3), "CZK 1 000 000" is replaced by "CZK 10 000 000."
27. in Article 66 (3), the following point (c) is inserted after point (b):
"(c) take over the waste, even if it is not entitled to take over under this law, '.
Points (c) to (i) shall be renumbered (d) to (j).
28. In Paragraph 66 (4), "10 000 000 CZK" is replaced by "50 000 000 CZK."
29.
(1) The Municipal Office shall impose a fine of up to CZK 20,000 on a natural person who is not an entrepreneur and commits an offence by:
(a) dispose of a car train or place a vehicle removed from the vehicle register in breach of this law;
(b) put the electrical equipment away from the designated places or points of retraction.
(2) The inspection will impose a fine of up to CZK 1 000 000 to a natural person who is not an entrepreneur and commits an offence by:
(a) take over the waste;
(b) carry out illegal shipments of waste pursuant to Article 26 of Council Regulation (EEC) No 259 / 93 on the supervision, control and control of shipments of waste within, into and out of the European Community (39) or transboundary shipments of waste contrary to authorisation;
(c) concentrate or otherwise dispose of waste in places or objects which are not, under this law, waste facilities or such sites or objects for the purpose of concentration or other waste management, lease to another person. "
30. in Article 71, the following point (g) is inserted after point (f):
"(g) Police of the Czech Republic,"
Points (g) to (j) shall be renumbered as points (h) to (k).
31. the following Section 77a shall be inserted after Section 77, including the title and footnotes 48b and 48c:
Police of the Czech Republic
(1) Police of the Czech Republic
(a) in the framework of border handling and within 25 km of the national border 48b) records and, where possible, documents suspicious phenomena and circumstances suggesting illegal transboundary shipments of waste to the Czech Republic;
(b) transmit the complaints found to the inspection and customs authorities for the implementation of their own corrective measures;
(c) cooperate and provide technical assistance and appropriate conditions to inspection and customs authorities as part of cooperation.
(2) The police of the Czech Republic, in cooperation and in obtaining the information necessary for the performance of the tasks referred to in paragraph 1, shall proceed and use the authorisation provided for in the relevant legislation48c).
(3) The police of the Czech Republic may request expert assistance from inspection authorities or customs offices in carrying out the tasks referred to in paragraph 1.
48b) § 2 of Act No. 216 / 2002 Coll., on the Protection of State Borders of the Czech Republic and on the amendment of certain laws (Act on the Protection of State Borders), as amended.
48c) For example Act No. 283 / 1991 Coll., on the Police of the Czech Republic, as amended, Act No. 216 / 2002 Coll., Act No. 200 / 1990 Coll., on Infringements, as amended. '
32. In Article 78 (2), the words "and the information system for the monitoring of the flows of selected cars as laid down in the implementing legislation 'shall be added at the end of the text in point (p).
33. In Paragraph 79, at the end of paragraph 4, the dot is replaced by a comma and the following point (e) is added:
"(e) to establish small facilities for the biological treatment of reusable biodegradable waste.";
EFFECTIVE
This Law shall take effect on the date of its publication, with the exception of the provisions of Article I (19), (20), (21) and (32), which shall take effect on 1 January 2007 and Article I (5), (12) and (33), which shall take effect on 1 April 2007.
Zaoralek v. r.
Klaus v. r.
Paroubek v. r.
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Regulation Information
| Citation | Act No. 314 / 2006 Coll., amending Act No. 185 / 2001 Coll., on waste and amending certain other laws, as amended, and Act No. 140 / 1961 Coll., Criminal Act, as amended |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 22.06.2006 |
|---|---|
| Effective from | 22.06.2006 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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