Decree No 351 / 2008 Coll.
Decree amending Decree No. 383 / 2001 Coll., on Details of Waste Management, as amended
Valid
Order
Effective from 01.11.2008
Text versions:
01.11.2008
24.09.2008
351
DECLARATION
of 11 September 2008
amending Decree No 383 / 2001 Coll., on details of waste management, as amended
The Ministry of the Environment (hereinafter referred to as "the Ministry ') provides for the Act No. 185 / 2001 Coll., on Waste and on the amendment of certain other acts, as amended by Act No. 188 / 2004 Coll., Act No. 7 / 2005 Coll., Act No. 314 / 2006 Coll. and Act No. 34 / 2008 Coll.:
Decree No. 383 / 2001 Coll., on Details of Waste Management, as amended by Decree No. 41 / 2005 Coll., Decree No. 294 / 2005 Coll. and Decree No. 353 / 2005 Coll., is amended as follows:
1. In Paragraph 1 (1), at the end of point (n), the words "or in the Order on the details of the handling of the cars' shall be added.
2. in Paragraph 1 (2) (a):
"(a) the total capacity of the landfill according to the project documentation;"
3. in Article 5, the following paragraph 8 is added:
"(8) The requirements set out in paragraphs 1 to 7 shall also apply to the collection of waste by an originator who is not an operator of an installation. ';
4. In Paragraph 8 (2), the following waste type codes and waste type names are added:
"16 01 04 * Cars
16 01 06 Self-propelled trucks with no liquids or other dangerous parts. '
5. In Article 8, at the end of the text of paragraph 3, the sentence "In the case of self-propelled vehicles, this register shall be replaced by copies of the certificate of acceptance of the car train. ';
6. Paragraph 18, including the title, paragraphs 19 and 19a is deleted.
7. In Article 20, paragraphs 4 and 5 are added:
"(4) The annual return obligation report may be sent in electronic form in the transmission standard of waste data to an electronic address, which shall be published in a way that allows remote access.
(5) For the purposes of this decree, the transmission standard of waste data shall be the required data format and the minimum extent of mandatory verification of their formal and content correctness, which allows the reporting of data in electronic form and which is published by the Ministry in a way that allows remote access. ';
8. Paragraph 21 (1) reads as follows:
"(1) Waste originators and beneficiaries of waste management shall keep a continuous record of the waste and its management methods for waste own and for waste taken over for each separate establishment and for each type of waste separately. Continuous registration shall be kept in accordance with Annex 20 and shall always contain:
(a) the date and number of the registration;
(b) the name and surname of the person responsible for keeping the register. ';
9. Paragraph 21 (3) reads as follows:
"(3) Operators of an electrical waste treatment, recovery and disposal facility and operators of an electrical waste collection and processing facility which keeps a continuous register of waste pursuant to an electrical equipment and electrical waste management decree or to a directive on the details of the handling of cars do not keep an ongoing register of waste under that decree. '
10.
Reporting of waste records
(1) Waste originators and beneficiaries shall send annual production and management reports for the previous calendar year (hereinafter referred to as "annual reporting") in accordance with Annex 20. The annual report shall be accompanied by:
(a) operators of waste water treatment plants, data on the composition of sludge transmitted for their use on the agricultural land listed on sheet No 3 of Annex 20;
(b) operators of landfills of waste data on the financial reserve and spare capacity of the landfill according to sheet No 4 of Annex 20.
(2) Operators of an electrical waste treatment, recovery and disposal facility, as well as operators of an electrical waste collection and processing facility subject to reporting obligations under Paragraph 39 (2) of the Act, shall send annual production and waste management reports for the previous year in accordance with the regulation on the management of electrical equipment and electrical waste or with the regulation on the details of the management of automotive waste.
(3) The notification shall be made separately for each separate establishment, activity, mobile facility and for each type of waste to the municipal authority of the municipality with extended responsibility for the site of waste management, with the exception of the mobile waste collection facilities for which the notification is made to the municipal authority of the municipality with extended competence according to the location of the authorised person or establishment which ensures their operation. Where the originator or beneficiary carries out an activity in which waste is generated or carries out waste on the territory of the administrative districts of the different municipalities with extended scope and does not have specified separate establishments, he shall send to each of those authorities one summary annual report for all activities carried out in his administrative district.
(4) The municipalities shall send annual reports on the production of municipal waste and similar waste from the non-manufacturing activities of legal persons and natural persons authorised to do business that have been involved in the municipal waste management system established by the municipality by a generally binding decree and the management methods for them for the previous year as set out in Annex 20.
(5) The reports referred to in paragraphs 1 to 4 shall be sent, in accordance with Annex 20, by the producers of waste and by the municipality in paper form or electronically in the transmission standard of waste data, by the authorised persons, including those who carry out reporting obligations at the same time as the producers of waste, electronically in the transmission standard of waste data to an electronic address published by the local competent municipal authority with extended scope in a manner enabling remote access.
(6) The municipal authorities of the municipalities with extended scope shall check the completeness and accuracy of all reports received from waste producers and beneficiaries processed under this Decree or under specific legislation, supplement the missing data and send reports in electronic form in the transmission standard of waste data to the electronic address of the competent public authorities. ';
11. in Article 23, the following paragraph 5 is inserted after paragraph 4:
"(5) The reports referred to in paragraph 3 shall be sent in paper or electronic form in the waste data transmission standard, the reports referred to in paragraphs 1, 2 and 4 shall be sent in electronic form in the waste data transmission standard. The electronic reporting shall be sent to an electronic address published by the local municipal authority with extended scope in a way that allows remote access. ';
Paragraph 5 shall become paragraph 6.
12.Paragraph 23 (6) reads as follows:
"(6) The municipal authorities of the municipalities with extended scope shall check the completeness and accuracy of all reports sent to them pursuant to paragraphs 1 to 4, supplement the missing data and send them in electronic form in the waste data transmission standard to the electronic address of the competent public authorities. ';
13.
Method of keeping records of consent and other decisions issued under the law
The municipal authorities of the municipalities with extended competence and the regional authorities shall keep records of their consent and other decisions issued under the law separately according to the individual provisions of the law on the basis of which the decisions were issued. To the extent specified in Annex 25, the notifications shall be made in electronic form in the transmission standard of waste data to an electronic address published in a way that allows remote access. ';
14. In Annex 1, point 7, entry 7.7 is deleted.
15. in Annex 1, point 10 (a), the last indent shall be deleted;
16. Annexes 17 and 18 are deleted.
17. Annex No 19 reads as follows:
"Annex No 19 to Decree No 383 / 2001 Coll.
Annual report on compliance with the readmission obligation
18. Annex No 20 reads as follows:
"Annex No 20 to Decree No 383 / 2001 Coll.
Production and waste management reports
19. Annexes No 19A, 20A, 20B and 21 are deleted.
20. In the last row of Annex No 22, the words "Waste codes for which recovery or disposal in an installation has been issued consent (1) 'are replaced by the words" Catalogue numbers of waste for which recovery or disposal in an installation has been granted consent under Paragraph 14 (1) of the Act and the catalogue numbers of waste received for recovery in installations under Section 14 (2) of the Act'.
21. In the last paragraph of Annex 22, the words "Waste codes for which approval has been given for recovery or disposal in an installation - List the waste codes according to the Waste Catalogue, the treatment of which in an installation is approved in the operating order. 'are replaced by the words" Waste catalogs for which approval has been given for recovery or disposal in an establishment - Specify the waste catalogue numbers for which processing in an establishment is approved in the operating order, or waste catalogs accepted in an establishment under Paragraph 14 (2) of the Act.';
22. In Annex No 23, in the row headed "Registration completed ', the following is added after the word" fax:': "e-mail: '.
23. Annex 25 shall read as follows:
"Annex No 25 to Decree No 383 / 2001 Coll.
Report of the Regional Office or the Municipal Office of the Municipality with extended application of the agreements and other decisions issued
The report shall include:
(1) identification of the notifier:
(a) the identification number of the regional office or municipal office of the municipality with extended scope;
(b) the name of the Office;
(c) the full and precise address of the Office;
(d) the name and surname of the reporting person;
(2) the identification of the parties to proceedings according to the condition in force at the time of the decision, including: the identification number, the identification number of the basic territorial unit, the business name or the registered office in respect of the legal person, the business name and the surname and place of business, or, where applicable, the address of the place of permanent residence in respect of the natural person authorised to do business;
3) information on valid decisions
(a) the reference number;
(b) the case (subject matter),
(c) the date of acquisition of legal authority;
(d) the period of validity, if issued for a fixed period;
(e) the list of waste referred to in the Decision, including the waste catalogue number, the actual category of waste and the name of the waste pursuant to the Special Regulation (6);
(f) the means of recovery or disposal of waste in accordance with Annexes 3 and 4 to the Act;
(g) approved installation capacity;
(h) a list of approved establishments; and
(4) a description of the provisions of the Waste Act under which the procedure was decided. "
24. In Annex 26, in the text after Table 4 Instead of unloading, the sentence "Place of unloading is the place where the shipment of waste ends' is replaced by the sentence" Place of unloading is the place where the shipment of waste ends; in the case of shipments of waste by mobile waste collection facilities, the actual place of disposal of the waste shall be indicated with the final consignee. ';
Transitional provision
Persons subject to obligations under Paragraph 22 may report the 2008 waste records under existing legislation.
Efficacy
This Decree shall take effect on 1 November 2008.
Minister:
RNDr. Bursík v. r.
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Regulation Information
| Citation | Decree No. 351 / 2008 Coll., amending Decree No. 383 / 2001 Coll., on Details of Waste Management, as amended |
|---|---|
| Regulation Type | Order |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 24.09.2008 |
|---|---|
| Effective from | 01.11.2008 |
| Effective until | - |
| Status | Valid |
Legal Areas:
Administrative law
Environment
The regulation text is for informational purposes only.
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