Act No. 34 / 2008 Coll.
Act amending Act No. 185 / 2001 Coll., on Waste and on the amendment of certain other laws, as amended
Valid
Law
Effective from 12.02.2008
Text versions:
01.10.2008
12.02.2008
34
THE LAW
of 16 January 2008
amending Act No. 185 / 2001 Coll., on waste and amending certain other laws, as amended
Parliament has decided on this law of the Czech Republic:
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. 296 / 2007 Coll., is amended as follows:
1. Paragraph 24, including the title, reads:
Obligations on shipments of waste
(1) Legal persons and natural persons authorised to do business involved in shipments of waste are obliged to:
(a) to secure shipments of waste in accordance with the requirements laid down in specific legislation30);
(b) submit, at the request of the inspection authorities, documents relating to the shipment of waste and provide complete and true information on it;
(c) keep documents relating to shipments of waste for a period of 3 years from the date of commencement of the shipment;
(d) indicate the means of transport transporting waste as provided for in the implementing legislation;
(e) in the case of shipments of hazardous waste, keep records and report the transported hazardous waste to the extent provided for by this law.
(2) The carrier shall inform the driver of the vehicle of the fact that it will transport waste inland or across borders, equip the driver with documents according to the type of waste transported and the purpose of the shipment and ensure that such documents are provided throughout the transport.
(3) The Ministry shall determine by decree the means of identifying the means of transport transporting waste. "
2. in Article 25 (1) (a):
"(a) wastes of persistent organic pollutants and PCBs,"
3. Part Four, Title II, Part 1 reads: "Wastes of persistent organic pollutants and PCBs'.
4. in § 26 (e), "§ 27 (8) (c)" is replaced by "§ 27 (10) (c)";
5. In the first sentence of Article 27 (1), the words "PCB and 'shall be inserted after the words" Owners'.
6. Paragraph 27 (3) reads:
"(3) The disposal of PCBs, PCB waste and PCB-containing equipment shall only be possible in equipment designated for this purpose. ';
7. Paragraph 27 (7) reads as follows:
"(7) If, by 31 December 2009, owners or operators of establishments which may contain PCBs [§ 26 (d)] do not demonstrate to the Ministry by means of implementing legislation that their equipment does not contain PCBs, those establishments shall be considered as containing PCBs. ';
8. In Paragraph 27, the following paragraphs 8 and 9 are inserted after paragraph 7:
"(8) PCB owners, PCB waste and owners and, where appropriate, PCB plant operators shall, by 31 March 2009, draw up and send to the Ministry a plan for the gradual disposal of PCB, PCB waste and PCB equipment or a plan for the decontamination of PCB waste or PCB equipment for the period 2009 to 2010. These plans shall be implemented by 31 December 2010 at the latest.
(9) Natural persons authorised to do business and legal persons who are owners and, where appropriate, operators of non-listed PCB facilities shall draw up lists of such establishments, set time limits for the decommissioning and disposal of such facilities, transmit the lists drawn up to the Ministry by 31 December 2008 and follow them. ';
Paragraph 8 shall become paragraph 10.
9. In Paragraph 27 (10) (c), "a 'is deleted.
10. In Paragraph 27, at the end of paragraph 10, the dot is replaced by a comma and the following point (e) is added:
"(e) details of the lists of establishments containing PCBs and not subject to registration and details of the collection and disposal of such establishments.";
11. The following Section 27a is inserted after Section 27, including footnote 30a:
(1) Waste of persistent organic pollutants means waste containing at least one of the substances listed in Annex 8 to this Act.
(2) The management of waste of persistent organic pollutants is governed by the directly applicable European Communities regulation on persistent organic pollutants (30a).
(3) The Ministry is the competent authority in accordance with Article 15 of the directly applicable Regulation of the European Communities on persistent organic pollutants (30a) and the Regional Authority is the competent administrative authority for the procedure for granting consent or exemption under Article 7 (4) (b) of the directly applicable Regulation of the European Communities on persistent organic pollutants (30a).
(a) Regulation (EC) No 850 / 2004 of the European Parliament and of the Council of 29 April 2004 on persistent organic pollutants and amending Directive 79 / 117 / EEC. Council Regulation (EC) No 1195 / 2006 of 18 July 2006 amending Annex IV to Regulation (EC) No 850 / 2004 of the European Parliament and of the Council on persistent organic pollutants. ';
12. in Paragraph 36 (f), the words "(f)" are replaced by the words "(e)";
13. In the second sentence of Paragraph 39 (7), the words "to the Czech Statistical Office" shall be inserted after the word "Ministry."
14. in Paragraph 39 (8):
"(8) Entrepreneurs operating equipment containing PCBs and subject to registration pursuant to § 26 (b). (c) or operate facilities which may contain PCBs and are subject to registration under § 26 (d), or own or hold PCBs as defined in § 26 (a), or own wastes of persistent organic pollutants as defined in § 27a (1), are required to keep separate records of such plants, PCBs and waste of persistent organic pollutants within the scope of the implementing legislation and to notify the Ministry of this fact no later than 1 year after the date of entry into force of this Act, unless they have already done so. Changes in the recorded facts are required to notify the Ministry immediately after the change has occurred. The procedure for reporting changes in the recorded facts shall be laid down in the implementing legislation. This obligation shall not apply to laboratory standards used in research, development, testing or health care. ';
15. in Article 39 (12) (b), the words "persistent organic pollutants waste" shall be inserted after the words "waste carriers," and the words "containing PCBs" shall be inserted after the words "and the means of reporting changes in their records."
16. Paragraph 53, including footnote 39, reads:
(1) This section provides for shipments of waste to the Czech Republic, the Czech Republic and via the Czech Republic ("cross-border shipments of waste ') following the directly applicable regulation of the European Communities.
(2) The competent authority for cross-border shipments of waste for the Czech Republic is the Ministry.
(39) Regulation (EC) No 1013 / 2006 of the European Parliament and of the Council of 14 June 2006 on shipments of waste. "
17. Sections 55 and 56, including the headings, read:
Notification of cross-border shipments of waste
(1) The notification of cross-border shipments of waste is submitted by the notifier in accordance with the directly applicable Regulation of the European Communities on shipments of waste (39) in the Czech, Slovak or English language. A party to proceedings initiated by a notification under this paragraph shall be the notifier only.
(2) By decree, the Ministry shall determine the scope of the information and documentation referred to in Part 3 of Annex II, directly applicable to the European Communities legislation on shipments of waste (39) for each type of shipment.
Consent, prohibitions and objections
(1) Following notification of cross-border shipments of waste, the Ministry will decide whether to grant consent or objections under Article 9, 10, 11 or 12 of the directly applicable European Communities Regulation on shipments of waste (39).
(2) Where the notifier, consignee or carrier has been convicted of an offence committed in connection with the management of waste (41), or where, in the five years prior to the notification, a final penalty has been imposed on him for infringement of legislation on the waste management section, the Ministry shall prohibit the notified cross-border shipments of waste related to that person.
(3) Decomposition against a decision of the Ministry which has been given pursuant to paragraphs 1 and 2 shall not have suspensory effect. "
18. After Paragraph 56, the following Section 56a is inserted:
Changes in transport after approval and withdrawal of consent
(1) Following notification of a change in cross-border shipments of waste pursuant to Article 17 (1) of the directly applicable Regulation of the European Communities on shipments of waste (39), the Ministry shall decide on a change or objection to that change pursuant to Article 56.
(2) In the cases referred to in Article 9 (8) and (9) of the directly applicable Regulation of the European Communities on shipments of waste (39), the Ministry shall, by decision, withdraw the consent issued pursuant to Article 9 (1) of the directly applicable Regulation of the European Communities on shipments of waste (39). "
19. Paragraph 57, including the title, and Paragraph 58, read:
Financial guarantee and insurance
(1) The financial guarantee pursuant to the directly applicable European Communities Regulation on the transport of waste (39) must be lodged or the corresponding insurance under this Regulation must be demonstrated at the time of the notification pursuant to Paragraph 56 (1). The Ministry may authorise the establishment of a financial guarantee or proof of equivalent insurance at the latest at the time of the start of the shipment. The funds of the financial guarantee may only be used in accordance with Article 6 of the directly applicable Regulation of the European Communities on shipments of waste (39).
(2) The financial guarantee or insurance is approved by the Ministry. Where the Ministry has reasonable doubts as to whether the financial guarantee or insurance provided is sufficient in accordance with the directly applicable European Communities legislation on shipments of waste (39), it shall determine the amount and type of financial guarantee or determine the type of insurance and the amount of the insurance amount for that purpose.
(1) The Ministry may impose an obligation by decision
(a) recovery by the notifier pursuant to Article 22 (2) of the directly applicable Regulation of the European Communities on shipments of waste (39);
(b) recovery or disposal pursuant to Article 22 (3) of the directly applicable European Communities Regulation on shipments of waste (39);
(c) the recovery of waste by the notifier pursuant to Article 24 (2) (a) of the directly applicable European Communities Regulation on shipments of waste (39);
(d) the recovery of waste by the notifier pursuant to Article 24 (2) (b) of the directly applicable Regulation of the European Communities on shipments of waste (39);
(e) recovery or disposal by the consignee pursuant to Article 24 (3) (a) of the directly applicable Regulation of the European Communities on shipments of waste (39);
(f) recovery or disposal by a person other than the notifier or consignee pursuant to Article 24 (5) of the directly applicable European Communities Regulation on shipments of waste (39).
(2) Where the Ministry ensures that obligations under Article 22 or Article 24 of the directly applicable European Communities Code on the Carriage of Wastes (39) are fulfilled, it may, by decision, impose an obligation on persons responsible for shipments which cannot be completed or for illegal shipments to pay the costs of transport, recovery, disposal and storage of waste. The Ministry may require that these costs be paid in advance. Persons responsible for illegal carriage shall be jointly and severally liable for the costs.
(3) The safe storage of waste referred to in Articles 22 (9) and 24 (7) of the directly applicable Regulation of the European Communities on shipments of waste (39) shall ensure that, if damage to or the environment is imminent, the municipal authority of the municipality with extended scope in whose territorial area the waste has been detected. The municipal authority of the municipality, with extended scope, shall, by decision, impose the payment of the costs thus incurred on persons responsible for the uncompleted or illegal carriage. These persons shall be jointly and severally liable for the costs.
(4) Decomposition against a decision of the Ministry under paragraphs 1 and 2 shall not have suspensory effect. "
20. In Article 59, the words "consignment note 'are replaced by the words" accompanying document' and the words "the legislation of the European Communities governing the supervision, control and control of shipments of waste within, into and out of the European Community 'are replaced by the words" the directly applicable European Communities legislation on shipments of waste (39)'.
21. in Paragraph 66 (2), the word "or" shall be deleted at the end of point (c).
22. In Paragraph 66, at the end of paragraph 2, the dot is replaced by "or 'and the following point (e) is added:
"(e) as the owner of PCB, PCB waste or as the owner or operator of a PCB-containing installation, in breach of Article 27 (8), the Ministry shall not send a plan for the gradual disposal of PCB, PCB waste and PCB-containing equipment, a plan for the decontamination of PCB-containing equipment for the period 2009 to 2010 or, in breach of Article 27 (9), it shall not draw up a list of owned or, where applicable, operated equipment containing PCB and not subject to registration or shall not send it to the Ministry by 31 December 2008.";
23. in Paragraph 66 (3), the word "or" shall be deleted at the end of point (g).
24. in Paragraph 66 (3), the word "or" shall be added at the end of point (i).
25. in Paragraph 66 (3) (j):
"(j) shall not cause decontamination or removal of the equipment referred to in Article 27 (1) by 31 December 2010.";
26. in Paragraph 66 (4), the word "or" shall be deleted at the end of point (f).
27. in Article 66 (4) (g):
"(g) in cross-border shipments of waste, the obligation laid down in the directly applicable European Communities Regulation on shipments of waste (39) or does not comply with the conditions laid down in the Ministerial Decision issued in accordance with the directly applicable European Communities Regulation on shipments of waste (39) or Part Nine, or ';
28. in Paragraph 66 (4), the following point (h) is added:
"(h) dispose of waste of persistent organic pollutants in contravention of the directly applicable European Communities regulation on persistent organic pollutants (30a) or does not keep records of waste of persistent organic pollutants or report data pursuant to Article 39 (8).";
29. In Article 69 (2) (b), the words "carry out illegal shipments of waste as referred to in Article 26 of Council Regulation (EEC) No 259 / 93 on the supervision, to and from the European Community of shipments of waste within, into and out of the European Community" shall be replaced by the words "transports waste in contravention of the directly applicable European Communities Regulation on shipments of waste (39)."
30. in Paragraph 72 (1) (d):
"(d) carry out the functions of the competent authority and the contact body for cross-border shipments of waste and the function of the contact body for persistent organic pollutants;"
31. in Paragraph 72 (1) (e):
"(e) issue decisions pursuant to the directly applicable Regulation of the European Communities on shipments of waste (39) and Part Nine,"
32. in Article 72 (1) (i), the words "waste of persistent organic pollutants," shall be inserted after the words "waste carriers,"
33. In Paragraph 76, the dot is replaced by a comma at the end of paragraph 1 and the following point (h) is added:
"(h) checks that the waste of persistent organic pollutants is managed in accordance with the directly applicable European Communities regulation on persistent organic pollutants (30a) and the law.";
34. in Article 77 (4) (a) and (b), paragraphs 6, 16 and 17 (b), the words "the legislation of the European Communities governing the supervision, control and control of shipments of waste within, into and out of the European Community" shall be replaced by the words "the directly applicable Regulation of the European Communities on shipments of waste (39),"
35. in Article 77 (4) (d), the words "the legislation of the European Communities relating to the supervision, control and control of shipments of waste within, into and out of the European Community" shall be replaced by the words "the directly applicable regulation of the European Communities on shipments of waste (39)."
36. in Article 77 (7), the words "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" shall be replaced by "the directly applicable Regulation of the European Communities on shipments of waste (39)";
37. In Paragraph 78, at the end of paragraph 2, the dot is replaced by a comma and the following point (v) is added:
"(v) decide, pursuant to Article 7 (4) (b), the directly applicable European Communities Regulation on persistent organic pollutants (30a); the decision may lay down conditions; inform the Ministry of Decisions issued by 30 April of the following year each year. ';
38. In Paragraph 79, at the end of paragraph 1, the dot is replaced by a comma and the following point (k) is added:
"(k) ensure the safe storage of waste in accordance with Paragraph 58 (3)."
39. the following Annex 8 is inserted after Annex 7:
"Annex No 8 to Act No. 185 / 2001 Coll.
Substances that refer to wastes as persistent organic pollutants
| Látka | Číslo CAS | Číslo ES |
|---|---|---|
| Aldrin | 309-00-2 | 206-215-8 |
| Chlordan | 57-74-9 | 200-349-0 |
| Dieldrin | 60-57-1 | 200-484-5 |
| Endrin | 72-20-8 | 200-775-7 |
| Heptachlor | 76-44-8 | 200-962-3 |
| Hexachlorbenzen | 118-74-1 | 200-273-9 |
| Mirex | 2385-85-5 | 219-196-6 |
| Toxafen | 8001-35-2 | 232-283-3 |
| Polychlorované bifenyly (PCB) | 1336-36-3 a jiné | 215-648-1 |
| DDT (1,1,1-trichloro-2,2-bis(4-chlorofenyl) ethan) | 50-29-3 | 200-024-3 |
| Chlordekon | 143-50-0 | 205-601-3 |
| Polychlorované dibenzo-p-dioxiny a dibenzofurany (PCDD/PCDF) | ||
| suma alfa-, beta- a gama-HCH | 58-89-9, 319-84-6, 319-85-7 | 206-270-8, 206-271-3, 200-401-2 |
| Hexabrombifenyl | 36355-01-8 | 252-994-2 |
Efficacy
This Law shall take effect on the day of its publication, with the exception of Article I (1) as regards Article 24 (1) (d), which shall take effect on 1 October 2008.
Wolf
Klaus v. r.
Topolánek v. r.
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Regulation Information
| Citation | Act No. 34 / 2008 Coll., amending Act No. 185 / 2001 Coll., on Waste and on the Amendment of Certain Other Laws, as amended |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 12.02.2008 |
|---|---|
| Effective from | 12.02.2008 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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