Decree No 352 / 2005 Coll.
Ordinance on the details of the management and financing of electrical equipment and electrical waste (Ordinance on the management of electrical equipment and electrical waste)
Valid
Order
Effective from 15.09.2005
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352
DECLARATION
of 5 September 2005
on the details of the management and financing of electrical equipment and electrical waste (Ordinance on the management of electrical equipment and electrical waste)
The Ministry of the Environment, in an agreement with the Ministry of Finance, provides pursuant to § 37f (2), § 37h (3), § 37i (7), § 37j (5), § 37k (7), § 37l (7), § 37n (5), § 37o (2), § 37p (4) and § 39 (12) of Act No. 185 / 2001 Coll., on waste and on the amendment of certain other laws, as amended by Act No. 477 / 2001 Coll., Act No. 76 / 2002 Coll., Act No. 275 / 2002 Coll., Act No. 7 / 2005 Coll., (hereinafter "Act No 356 / 2003 Coll., Act No. 167 / 2004 Coll., Act No. 188 / 2004 Coll., Act No. 317 / 2004 Coll., and Act No. 7 / 2005 Coll.,"):
BASIC PROVISIONS
Subject matter
(1) This Decree implements the relevant provisions of the European Union1) and provides for:
(a) sub-groups of electrical equipment falling within the categories of electrical equipment listed in Annex 7 to the Act;
(b) the detailed conditions for the various arrangements for fulfilling the obligations of manufacturers;
(c) the content of the annual report;
(d) the extent and manner of keeping records of the flow of electrical equipment recovered and of the electrical waste collected separately;
(e) the detailed conditions for the fulfilment of obligations and the provision of financing for the purposes of listing;
(f) the means of marking electrical equipment placed on the market after 13 August 2005;
(g) the design of the graphic symbol for the marking of electrical equipment for the purpose of the recovery of electrical equipment and the separate collection of electrical waste;
(h) technical requirements for the priority disposal of substances and components from electrical waste, storage and treatment of electrical waste;
(i) the extent and manner of keeping records and reporting of data on electrical waste taken over and the ways in which it is processed, recovered and disposed of and the way in which electrical waste is reported;
(j) details of the way in which electrical equipment originating from households is withdrawn;
(k) the method for calculating the level of recovery of electrical waste.
(2) The order also provides for:
(a) closer financing conditions for the treatment of electrical equipment from households placed on the market after 13 August 2005;
(b) closer financing conditions for the disposal of electrical equipment from households placed on the market until 13 August 2005;
(c) closer financing conditions for the management of non-domestic electrical waste;
(d) the detailed financing conditions for the separate collection, processing, recovery and disposal of electrical waste from solar panels pursuant to Article 37p (1) of the Act, including the method of calculating the minimum amount of the funds deposited in the bank account and the way in which they are drawn up and the way in which they are used;
(e) closer financing conditions under Section 37p (2) of the Act, including how to calculate the minimum amount of contributions and how to handle them.
(3) Furthermore, for the purposes of cross-border transport of used electrical equipment, this decree provides:
(a) the method of verification and demonstration of the functionality of the electrical equipment used;
(b) the scope of the documentation referred to in Article 37r (4) of the Act and the list of other documents attached to the cargo of the electrical equipment used, including the method of its attachment;
(c) a list of electrical equipment containing dangerous substances which must not be transported as used.
Basic concepts
For the purposes of this decree:
(a) historical electrical equipment - household electrical equipment, put on the market until 13 August 2005, intended for re-collection;
(b) historical electrical waste - non-domestic electrical equipment put on the market until 13 August 2005, which became waste pursuant to Article 3 of the Act;
(c) the system - the network of electrical waste collection facilities, the points of recovery of electrical equipment and the facilities for treatment, recovery and disposal of electrical waste and electrical equipment, and the contractual relations between their operators and the electrical equipment manufacturers to ensure the processing and recovery of electrical equipment and the separate electrical waste collected;
(d) individual system - system created and operated separately and at its own expense by one manufacturer,
(e) a solidarity system - a system created and operated by two or more manufacturers,
(f) collective system - a system created by a manufacturer or manufacturer authorised by a legal person and operated by a legal person different from that of the manufacturer or manufacturer authorised by the legal person,
(g) collective scheme operator - a legal entity established as a trading company or cooperative or organisational part of a foreign legal entity located in the territory of the Czech Republic operating a collective scheme,
(h) the registration number of the manufacturer - the serial number of the manufacturer's registration in the List (Section 37i of the Act),
(i) the registration number of the collective scheme operator - the serial number of the entry of the collective scheme operator into the List;
(j) contribution - the financial amount which the manufacturer contributes to the collective scheme for the management of a piece or a kilogram of electrical equipment originating from households and for the management of a piece or a kilogram of electrical waste,
(k) contribution to historical electrical equipment - the financial amount which the manufacturer contributes to the collective system to ensure the recovery, processing, recovery and disposal of a piece or kilogram of historical electrical equipment;
(l) homogeneous material - material which cannot be mechanically divided into various material components and which has an immutable composition in all its parts, in particular plastics, ceramics, glass, metals, alloys, paper, rubber.
DETAILS OF ELECTRORANGEMENTS AND ELECTROLATION
Electrical equipment sub-groups
(1) The sub-groups of electrical equipment falling within the different groups set out in Annex 7, Part I to the Act are listed in Annex 1, Part I, to this Decree.
(2) The sub-groups of electrical equipment falling within the different groups set out in Annex 7, Part II, to the Act are listed in Annex 1, Part II, to this Decree.
(3) In case of doubt as to the classification of electrical equipment in groups, it is crucial for which purpose the manufacturer has determined the use of the electrical equipment or for which purpose the electrical equipment is or was normally intended if the electrical equipment manufacturer no longer exists or no accompanying documentation exists that determines the purpose of the use of the electrical equipment.
Closer conditions for the various ways of fulfilling the obligations of manufacturers
(1) Manufacturers of electrical equipment ensure that they fulfil their obligations under Part Four, Title II, of the Eighth Act within an individual, solidarity or collective system.
(2) Where a manufacturer decides to fulfil his obligations under an individual system, he shall comply with the obligation to finance the management of historical electrical equipment under Part Three of this Ordinance, together with producers of the same group of electrical equipment through a collective system.
(3) If the manufacturer decides to fulfil his obligations under the solidarity system, the manufacturer shall comply with the obligation to submit an application for registration in the List (hereinafter referred to as the "registration proposal ') and the obligation to indicate the electrical equipment separately. The obligation to finance the management of historical electrical equipment under Part Three of this Decree shall be fulfilled jointly with producers of the same group of electrical equipment through a collective system.
(4) Where the manufacturer is involved in a collective system, the manufacturer shall be obliged to designate the electrical equipment separately.
More detailed conditions for the performance of duties and financing for the purposes of listing
(1) Manufacturers of electrical equipment fulfilling their obligations under an individual or solidarity system shall submit an application for registration on a form the model of which is set out in Annex 2 to this Decree. Manufacturers of electrical equipment who perform their duties through a collective system operator not yet registered in the List for a given group of electrical equipment shall submit a registration proposal together with that operator on a form, a model of which is given in Annex 3 to this Decree. For the purposes of this provision, the manufacturer is also the authorised representative under Section 37q of the Act.
(2) Where manufacturers fulfil the obligations laid down by law for individual groups or sub-groups of electrical equipment within several systems, they shall submit the application for registration referred to in paragraph 1 separately for each system in which they are involved.
(3) The draft minutes shall include a description of the financing of the management of household and non-household electrical equipment, regardless of the date of placing on the market, which shall include a detailed financing methodology, the method and the monitoring of the use of contributions, in particular the limits of wage resources and the management of the declared economic result, in such a way that no producer directly or indirectly benefits from the participation in the scheme.
(4) Manufacturers who carry out an individual household electrical equipment management obligation after 13 August 2005 and placed on the market after 13 August 2005 also attach to the registration proposal a cash deposit plan for an already established dedicated bank account or a copy of a valid insurance contract.
(5) Manufacturers carrying out, within the framework of a solidarity system, the management of electrical equipment from households placed on the market after 13 August 2005 attach to the application for registration an agreement on the method of solidarity with other or other producers associated therewith. the agreement shall include in particular the share of the producers in the financing, the control mechanisms of the solidarity system and the way in which the financing of the treatment of electrical equipment is provided in the event of the disappearance of the solidarity system.
(6) The collective system operators in the draft registration also indicate the method for calculating contributions or contributions to historical electrical equipment and the way in which manufacturers will make contributions to the collective system. The contributions and contributions to historical electrical equipment include the costs of manufacturers to set up and start up the system, with the exception of the costs of acquiring ownership of the collective scheme.
(7) The entry of a collective system operator which provides financing for the management of historical electrical equipment shall be carried out in the list in the same way as the entry of a collective system operator which provides financing for the management of electrical equipment from households placed on the market after 13 August 2005.
(8) In the proposal for the inclusion of a collective scheme operator in the List for the financing of the management of solar panel electrical waste, it must be demonstrated that the contributions of the proposed amount cover all expected future costs of ensuring the transmission for processing, recycling and separate collection, processing, recovery and disposal of solar panel electrical waste.
(9) In order to fulfil obligations by means of a collective system, with the exception of the fulfilment of obligations under Article 37p of the Act, an agreement may be concluded that the collective system will ensure the fulfilment of the obligations of manufacturers for all electrical equipment within a given group of electrical equipment, whether or not they originate from households or not, and regardless of the date on which the electrical equipment was placed on the market. The agreement concluded in accordance with the first sentence shall form part of the application for registration.
(1) Upon registration in the List, the collective system operator and the manufacturers, or authorised representatives who perform their duties under the individual or solidarity system, shall receive login data allowing remote access to the List. Login details are not part of the entry decision.
(2) In the event that the Ministry of the Environment (hereinafter referred to as "the Ministry ') invites the person registered in the List to provide evidence that the performance of its duties is ensured, the person entered in the List for this purpose shall use a form, a model of which is set out in Annex 2 to this Decree, in which he shall complete only those data which have changed. Where that person is a collective scheme operator, he shall use a form the model of which is set out in Annex 3 to this Decree, in which he shall complete only those data that have changed.
Content of the annual report on compliance with manufacturers' obligations for the previous calendar year
(1) The model and content of the annual report on the fulfilment of the obligations laid down for the separate collection, recovery, processing, recovery and disposal of electrical equipment and electrical waste for the previous calendar year are set out in Annex 4 to this Decree.
(2) A separate annex to the annual report referred to in paragraph 1 processed by the collective system operator, which provides financing for the transfer for the processing, recovery and disposal of electrical waste from solar panels pursuant to Section 37p (2) of the Act, including the fulfilment of these obligations, is a list of the operators of solar power stations for which that collective system operator ensures compliance with the obligations under Section 37p (2) of the Act. That list shall include:
(a) the name and surname, name or business name of the solar power station operator;
(b) the address of the registered office of the solar power plant operator;
(c) the identification number and licence number of the solar power plant operator for the production of electricity;
(d) the mass and installed power of all solar panels placed on the market until 1 January 2013 in each solar power plant for which its operator has agreed to fulfil its obligations under Section 37p (2) of the Act under a contract with a collective scheme operator;
(e) the amount of contributions collected in a given calendar year from the solar power plant operator;
(f) the weight of electrical waste from solar panels placed on the market until 1 January 2013 which has been recovered or separately collected in a given calendar year from each solar power station for which the collective system operator ensures that the obligations of the solar power plant operator under Section 37p (2) of the Act are fulfilled;
(g) the weight of electrical waste from solar panels placed on the market until 1 January 2013, which has been processed in a given calendar year from each solar power plant for which the collective system operator ensures compliance with the obligations of the solar power plant operator under Section 37p (2) of the Act;
(h) the amount of money spent in a given calendar year in discharging obligations under Section 37p (2) of the Act under the collective scheme.
Record the flow of recovered electrical equipment and separately collected electrical waste
(1) The manufacturer or operator of the collective system shall keep a record of the flow of electrical equipment recovered and of the electrical waste collected separately from the point of recovery or the point of separate collection to the following extent:
(a) the date and number of the registration;
(b) the name and surname of the person responsible for keeping the register;
(c) the groups of electrical equipment referred to in Annex 7 to the Act for retrofitted electrical equipment and separately collected electrical waste;
(d) the address of the point of collection, the address of the point of collection, or the address of the premises of the last seller, where the electrical equipment has been withdrawn by the last seller or, where applicable, the name of the municipality, city district or part of the territorial division of the statutory town in whose territory the electrical equipment has been recovered or the electrical waste has been collected separately, unless the address of one of those places can be indicated,
(e) the total mass of electrical equipment which has been recovered in the place or territory referred to in (d);
(f) the total weight of electrical waste collected separately in the place or territory referred to in (d);
(g) the total mass of electrical equipment reused;
(h) the identification details of the person who has been transferred back to the electrical equipment or to the separately collected electrical waste, to the extent set out in Table 3, column 7 of Annex 4 to this Decree;
(i) the total weight of electrical equipment recovered which has been transmitted to the person referred to in (h) for processing, recovery or disposal;
(j) the total weight of the electrical waste collected separately which has been transmitted to the person referred to in (h) for processing, recovery or disposal; and
(k) the total weight of electrical waste processed by individual processors to the extent specified in Table 3 of Annex 4 to this Decree.
(2) The records referred to in paragraph 1 shall be kept at the time of taking back the electrical equipment from the point of recovery or the last seller or at the time of taking away the electrical waste from the place of separate collection or from the originator and at the time of transmission of the electrical equipment or electrical waste to the person authorised for processing, recovery or disposal. The quantity of electrical waste processed by individual processors shall be recorded at monthly intervals.
Means of labelling of electrical equipment
(1) Electrical equipment placed on the market after 13 August 2005 shall bear the symbol of the manufacturer and the symbol of the placing on the market.
(2) The marking of the manufacturer of the electrical equipment shall be carried out by:
(a) by marking the name and surname of the company;
(b) an indication of the mark under which the manufacturer imports or places the electrical equipment on the market and which he indicates in the application for registration; or
(c) the manufacturer's registration number in the List.
(3) The labelling by the symbol for placing on the market after 13 August 2005 shall be carried out by:
(a) indicating the date of placing on the market;
(b) the symbol "8 / 05," or
(c) marking the graphic symbol in accordance with model No 1 set out in Annex 6 to this Decree.
(4) The marking of the electrical equipment for the purpose of the recovery of the electrical equipment and the separate collection of the electrical waste shall be carried out by marking the graphic symbol in accordance with the model No 1 or No 2 set out in Annex No 6 to this Decree.
(5) The marking of the electrical equipment referred to in paragraphs 1 to 3 shall be placed on the electrical equipment in such a way that it is visible, legible and indelible during normal use.
(6) Where the marking referred to in paragraphs 1 to 3 cannot be placed directly on the electrical equipment, it shall be indicated in the accompanying documentation. In the case of very small electrical equipment which is replaced by a piece per piece and is not accompanied by accompanying documentation, the procedure referred to in paragraphs 1 to 3 shall not apply and the manufacturer shall indicate this in the application for registration.
Technical requirements for electrical waste storage
(1) The storage of electrical waste must comply with the general requirements for the collection (concentration) of waste under the specific legislation2. Furthermore, electrical waste storage facilities shall be equipped in accordance with the technical requirements set out in Annex 7 to this Decree and operated according to the operating rules.
(2) In the storage and handling of electrical waste containing dangerous or controlled substances under special legislation3), parts containing hazardous or controlled substances must not be damaged and the release of such substances. Electrowaste containing hazardous or controlled substances shall be transported in such a way as to prevent damage or breakage and leakage of dangerous or controlled substances (4).
(3) Warehouse operators shall keep a continuous record of the electrical waste taken over or parts thereof sent for processing.
Technical requirements for the priority disposal of substances and components from electrical waste and for the treatment of electrical waste
(1) Electric waste processors shall keep a continuous record of the electrical waste taken over and the ways in which it is processed in accordance with Section 11, shall proceed according to the operating rules and shall keep the establishment's operating log in accordance with Annex 7 to this Decree.
(2) The dismantling of electrical waste shall be carried out in accordance with the operating rules and shall preferably exclude parts and materials listed in Annex 7 to this Decree.
Method of keeping continuous records and reporting of electrical waste
(1) Operators of an electrical waste treatment, recovery and disposal facility shall keep a continuous record of electrical waste and other waste and of the ways in which it is treated for electrical waste and other waste is owned and taken over, for each separate establishment and for each type of electrical waste and other waste separately. Continuous registration shall be carried out in accordance with Annex 8 to this Order and shall include:
(a) the date and number of the registration; and
(b) the name and surname of the person responsible for keeping the register.
(2) Continuous waste records shall be kept for each individual waste production. An individual production shall be considered to be the filling of a collection or collection device or the taking of waste from the originator or beneficiary or the transfer of waste to another authorised person. In cases where there is continuous generation of waste and in the case of periodic collection of municipal waste, continuous records shall be kept at monthly intervals.
(3) Operators of an electrical waste treatment, recovery and disposal facility shall send annual production and management reports for the previous year on the form set out in Annex 8 to this Decree. The form set out in Annex 8 to this Order shall also be used for reporting on the annual production and management of waste other than electrical waste, the reporting of which is compulsory under Section 39 (2) of the Act.
(4) The notification shall be made separately for each separate establishment and for each type of waste. In the case of a mobile waste collection facility, the report shall be sent to the municipal authority of the municipality with extended competence competent according to the location of the operator of the installation or establishment which ensures its operation.
(5) Operators of an electrical waste collection facility shall keep the continuous records referred to in paragraph 1 and shall send the annual production and management reports referred to in paragraph 3 in the event that the facility is also used for the treatment, recovery or disposal of electrical waste.
Method for calculating the level of recovery of electrical waste
(1) The level of use of electrical waste for the purpose of complying with the obligation laid down in Article 37m (3) of the Act is calculated for each group of electrical equipment as a proportion of the weight of waste which, after the proper selective treatment of electrical waste in accordance with Article 10 (2), enters a recycling or recovery facility, including preparation for reuse, and the total mass of recovered electrical equipment and separately collected electrical waste in each group of electrical equipment. The percentage thus calculated shall be expressed as a percentage.
(2) The level of recovery of electrical waste referred to in paragraph 1 shall not include activities prior to the recycling or recovery of electrical waste, such as storage, sorting or treatment.
BLIER FUNDING CONDITIONS
Further conditions for financing the treatment of electrical equipment from households placed on the market after 13 August 2005
(1) Manufacturers fulfilling the obligations laid down for the treatment of household electrical equipment placed on the market after 13 August 2005 under an individual system provide a guarantee for the purpose of its financing to ensure the management of all electrical waste from such facilities by:
(a) establish and deposit the funds referred to in paragraph 2 in an assigned bank account; or
(b) conclude an insurance contract in accordance with paragraph 4.
(2) Where a financial guarantee is provided in the form of an assigned bank account, manufacturers shall deposit money in that account in accordance with the deposit plan, but at least once per calendar quarter. The minimum amount of such funds shall be calculated as the sum of the multiples of contributions to historical electrical equipment and the quantity of electrical equipment marketed by the manufacturer in the previous year, expressed in pieces or kilograms. In the framework of the annual report on the performance of obligations, manufacturers shall carry out the bill and indicate the plan for securing deposits of funds for the following year. Interest on the funds in the bank account shall become part of the hedge funds.
(3) The model of the request for the approval of the Ministry for the use of funds from an earmarked bank account is set out in Annex 9 to this Decree.
(4) Where the financial guarantee is provided in the form of insurance, the insurance performance shall be agreed at least at the level of the funds deposited in the tied bank account referred to in paragraph 2. A copy of the valid insurance contract is annexed to the application for registration.
(5) Manufacturers shall make contributions to the treatment of electrical equipment from households placed on the market after 13 August 2005 to the collective scheme in a manner established by the collective scheme operator pursuant to Article 5, which is assessed by the Ministry before entry into the List.
Further conditions for the financing of the treatment of electrical equipment from households placed on the market until 13 August 2005
Manufacturers pay contributions to historical electrical equipment to a collective system in a manner established by the collective system operator pursuant to Section 5, which is assessed by the Ministry before entering the List.
Further financing conditions for the management of electrical waste
Manufacturers carrying out obligations under the collective scheme for the management of electrical waste shall pay contributions in a manner determined by the operator of the collective scheme in accordance with Section 5, which is assessed by the Ministry before the listing.
Further financing conditions for the management of electricity from solar panels placed on the market after 1 January 2013
(1) A manufacturer who fulfils the obligations laid down for the management of electrical waste from solar panels placed on the market after 1 January 2013 under an individual or solidarity system imposes money into an earmarked bank account under Section 37p (1) of the Act before the solar panel is placed on the market. The minimum amount of these funds shall be calculated by the manufacturer as a multiple of the weight of the solar panels that he places on the market during the period and the rates calculated in accordance with Annex 10 to this Decree.
(2) The model of the request for the approval of the Ministry for the use of funds from an assigned bank account is set out in Annex 9 to this decree.
(3) In the annual report referred to in Article 6, the manufacturer shall specify the accounts of the deposited and collected funds from the assigned bank account.
(4) The minimum amount of the contributions of producers fulfilling the obligations laid down for the management of electricity from solar panels placed on the market after 1 January 2013 under the collective scheme shall be determined by the collective scheme operator in such a way as to correspond to a multiple of the mass of solar panels placed on the market by the manufacturer during the period in question and to the rates calculated in accordance with Annex 10 to this Regulation. The funds collected by the collective scheme operator from producers which, under this collective scheme, fulfil the obligations under Article 37p (1) of the Act and the proceeds thereof may be used exclusively to ensure the financing of the recovery, separate collection, processing, recovery and disposal of electrical waste from solar panels that has been recovered and separately collected in the Czech Republic, including the necessary administrative costs associated with the fulfilment of these obligations. Cross-financing between the activities of the management of electricity from solar panels placed on the market after 1 January 2013 and the other activities of the collective scheme operator is not permitted.
(5) In the event of the cancellation of a collective scheme operator not taking over the obligations relating to the management and financing of electrical waste from solar panels pursuant to Article 37p (1) of the Act, the funds collected from manufacturers who fulfil the obligations under Article 37p (1) of the Act, including their revenues, may be transferred only to another collective system which takes over the performance of those obligations of the manufacturer or to the manufacturer established an assigned bank account in respect of the funds collected from that producer.
Further financing conditions for the management of electricity from solar panels placed on the market until 1 January 2013
(1) The minimum aggregate amount of the contributions to the financing of the management of electricity from solar panels placed on the market until 1 January 2013 is calculated as a multiple of the weight of all solar panels in each solar power plant for which its operator has a contract with the collective scheme operator pursuant to Article 37p (2) of the Act and the rates calculated in accordance with Annex 10 to this Decree.
(2) The funds collected from the solar power plant operators in the framework of the performance of their obligations under Article 37p (2) of the Act and the proceeds of their temporary investment may be used exclusively to ensure the financing of the transfer for the processing, recovery and disposal of electricity from those solar panels for which the funds were intended, including the necessary administrative costs associated with the fulfilment of these obligations. Cross-financing between the activities of the management of electricity from solar panels placed on the market until 1 January 2013 and other activities of the collective scheme operator is not permitted.
(3) The collective scheme operator shall manage the funds obtained from contributions under Article 37p (2) of the Act in order to ensure the controllability of their management, in particular separately from other funds and separately from the funds obtained from contributions to the financing of the management of electricity from solar panels placed on the market after 1 January 2013. The collective system operator imposes all contributions collected from the solar power plant operators pursuant to Section 37p (2) of the Act on a special bank account in a bank located in the Czech Republic or in a branch of a foreign bank in the Czech Republic. An overview of the status of this account is part of the annual report according to Section 6.
(4) The funds deposited in the bank account referred to in paragraph 3 may be temporarily invested before being used for the direct fulfilment of obligations under Paragraph 37p (2) of the Act in:
(a) bonds issued by the Czech Republic or the Czech National Bank;
(b) bonds or similar securities representing the right to repayment of an amount due, the issuer of which is another Member State of the European Union or a Member State of the Organisation for Economic Cooperation and Development (OECD) or a central bank of that State, and whose rating or rating of their issuer, as the case may be, is among the five best rating categories of long-term liabilities at the investment grade of a reputable credit rating agency (14) or among comparable rating categories of other recognised credit rating agencies (15) and is issued by a recognised credit rating agency;
(c) bonds or similar securities representing the right to repayment of the amount due, the European Financial Stability Fund, the European Central Bank, the World Bank, the International Monetary Fund or any other international financial institution whose liabilities are guaranteed by the States that are its members, and which the Czech National Bank shall enter on the list it maintains;
(d) money market instruments the issuer of which is the Czech Republic or the Czech National Bank.
(5) The description of the investment, its amount and its duration are part of the annual report referred to in Article 6. The funds temporarily invested in accordance with paragraph 4, including the proceeds thereof, shall be transferred back to the bank account referred to in paragraph 3.
(6) In the event of the cancellation of a collective system operator, in which the liabilities relating to the management and financing of electricity waste from solar panels are not taken over under Section 37p (2) of the Act, the funds collected from the solar power plant operators, including the proceeds from their temporary investment, may be transferred only to another collective system which takes over the provision of the obligations of the solar power plant operator under Section 37p (2) of the Act.
(7) On the basis of the above, the Commission concludes that the measures provided for in this Decision are compatible with the internal market. Any difference shall be settled between the collective system operator and the solar power plant operator by returning to the solar power plant operator, within one month of the submission of the interim financial settlement, the surplus on the part of the contributions received and the proceeds from their temporary investment, or by charging a supplement to cover the costs incurred with maturity within the same period. In the same way, the collective system operator and the solar power plant operator shall carry out the following interim financial settlement after ensuring compliance with the first sentence to two thirds of the total weight of all solar panels placed on the market until 1 January 2013 from each solar power station and final financial settlement after full compliance with those obligations.
Breakdown of costs and revenues related to the financing of the management of electrical waste from solar panels
(1) The collective scheme operator shall break down costs and revenues according to the purpose for which they have been incurred or related. This breakdown is at least detailed enough to allow
(a) separate monitoring of the financing of the management of electricity from solar panels and other activities of the collective scheme operator;
(b) verification that there is no cross-financing between the activity of the management of electricity from solar panels and other activities of the collective system operator;
(c) separate monitoring of the revenues from the contributions of individual producers and separate monitoring of the revenues from the contributions of each solar power plant operator;
(d) separate monitoring of the costs of transmission for the processing of solar panels from individual operators of solar power stations which fulfil the obligations under Section 37p (2) of the Act; and
(e) separate monitoring of the performance of obligations under § 37p (1) and § 37p (2) of the Act.
(2) For the breakdown of costs and revenues referred to in paragraph 1, the collective scheme operator shall base its valuation under the Accounting Act (16).
TRANSPORT OF USED ELECTRATION
Method of verification and demonstration of functionality of the electrical equipment used
(1) The functionality of the electrical equipment used shall be verified by performing a performance test. The performance test shall always at least verify the functionality of the main functions of the electrical equipment used.
(2) The performance test shall be carried out by a person who is competent and holds the relevant authorisation and certificate under the legislation governing state professional safety oversight (17) and by the holder of a business licence in the field of "Installation, repair, revision and testing of electrical equipment ', in accordance with the procedure laid down in Annex 11 to this Regulation, if the electrical equipment used is transported from the Czech Republic.
Documentation and other supporting documents attached to cargo carried by used electrical equipment
(1) The documentation referred to in Section 37r (4) of the Act consists of a performance test report carried out in accordance with Section 14d and a proof of the content of hazardous substances in the electrical equipment being transported.
(2) Where the electrical equipment used is transported from a State other than the Czech Republic and the performance test has not been carried out in accordance with Section 14d (2), the documentation shall include a performance test report carried out under comparable conditions in another Member State of the European Union or in another State constituting the European Economic Area.
(3) The dossier shall specify:
(a) the name of the electrical equipment and its manufacturer, if known;
(b) an indication of the group and sub-group of electrical equipment referred to in Annex 1 to this Decree;
(c) identification or type number of the item, if any;
(d) the year of manufacture, if known;
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Regulation Information
| Citation | Decree No 352 / 2005 Coll., on the details of the management and financing of electrical equipment and electrical waste (Ordinance on the management of electrical equipment and electrical waste) |
|---|---|
| Regulation Type | Order |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 15.09.2005 |
|---|---|
| Effective from | 15.09.2005 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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