Government Regulation No 352 / 2014 Coll.
Government Regulation on the Waste Management Plan of the Czech Republic for the period 2015- 2024
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Regulation
Effective from 01.01.2015
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01.01.2015
31.12.2014
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352
GOVERNMENT REGULATION
of 22 December 2014
concerning the Czech Waste Management Plan for the period 2015- 2024
The Government orders pursuant to Article 42 (4) of Act No. 185 / 2001 Coll., on Waste and on the Amendment of Certain Other Acts, as amended by Act No. 188 / 2004 Coll. and Act No. 154 / 2010 Coll., ("the Waste Act '):
A binding part of the Czech Waste Management Plan for the period 2015- 2024, as set out in the Annex to this Regulation, is hereby declared in accordance with European Union1.
Repeal
The following shall be deleted:
1. Government Decree No. 197 / 2003 Coll., on Waste Management Plan of the Czech Republic.
2. Government Regulation No. 473 / 2009 Coll., amending Government Regulation No. 197 / 2003 Coll., on Waste Management Plan of the Czech Republic.
3. Government Regulation No. 181 / 2013 Coll., amending Government Regulation No. 197 / 2003 Coll., on the Waste Management Plan of the Czech Republic, as amended by Government Regulation No. 473 / 2009 Coll.
Efficacy
This Regulation shall take effect on 1 January 2015.
Prime Minister:
Sobotka v. r.
Minister of Environment:
Mgr. Brabec v. r.
Annex to Government Regulation No 352 / 2014 Coll.
Binding part of the Czech Waste Management Plan for the period 2015- 2024
1 Binding part
The binding part of the Waste Management Plan of the Czech Republic is a binding basis for the treatment of waste management plans of regions and for decision-making and other activities of the relevant administrations, counties and municipalities in the field of waste management.
The binding part reflects the strategy and priorities set for the development of waste management for the next period.
The binding part contains objectives, principles and measures that take into account the environmental policy of the Czech Republic, the European commitments of the Czech Republic and the needs of the current waste management in the Czech Republic. The binding part of the Waste Management Plan of the Czech Republic is based on the principle of compliance with the waste hierarchy.
1.1 Strategic objectives of the waste management of the Czech Republic 2015 - 2024
1. Prevention of waste generation and reduction of specific waste production.
2. Minimising the adverse effects of waste generation and management on human health and the environment.
3. Sustainable development of society and approach the European recycling society.
4. Maximum use of waste as a substitute for primary sources and transition to circular economy.
1.2. Principles for waste management
In order to meet the strategic objectives of the waste policy of the Czech Republic, principles for waste management should be adopted.
Principles:
(a) Prevent waste generation by fulfilling the "Waste Prevention Programme" and other measures to promote waste reduction.
(b) In the management of waste, apply a waste hierarchy. Dispose of waste in order: prevention, preparation for reuse, recycling, other recovery (e.g. energy recovery) and the last disposal site (safe disposal), with all requirements, legislation, standards and rules to ensure the protection of human health and the environment. In applying the waste hierarchy, support the opportunities that represent the best overall environmental outcome. Take into account the entire life cycle of products and materials, and focus on reducing the environmental impact of waste management.
(c) Promote waste management methods using waste as raw materials resources to replace primary raw materials.
(d) Promote waste management leading to an increase in the economic recovery of waste.
(e) Promote preparation for reuse and recycling of waste.
(f) Do not encourage landfill or incineration of recyclable materials.
(g) For specific waste streams, a derogation from the established waste hierarchy may be allowed where justified by taking into account the overall life-cycle impacts of such waste and its management.
(h) In applying the waste hierarchy, reflect the precautionary principle and prevent adverse effects on human health and the environment.
(i) In applying the waste hierarchy, take into account the principle of sustainability, including technical feasibility and economic sustainability.
(j) In applying the waste hierarchy, ensure the protection of sources of raw materials, the environment, human health with regard to economic and social impacts.
k) Individual waste management methods within the Czech Republic must create a complex whole guaranteeing the least possible negative effects on the environment and the high protection of human health.
1.3 Principles for the management of selected types of waste
1.3.1. Priority waste streams
Furthermore, the proposed objectives, principles and measures are based on the requirements of European legislation, in particular the provisions of the Waste Framework Directive, the Packaging Directive, the end-of-life directives (electrical equipment, batteries and accumulators, cars) and the Landfill Directive and correspond to the applicable waste hierarchy.
In establishing the principles, objectives and measures, account is taken of the priorities of the waste management of the Czech Republic with regard to its state and possibilities.
1.3.1.1. Municipal wastes
In order to meet the objectives of Directive 2008 / 98 / EC of the European Parliament and of the Council on waste to meet these set objectives.
Objectives:
(a) by 2015, establish a sorted collection of at least paper, plastic, glass and metal waste.
(b) By 2020, increase to at least 50% by weight the total level of preparation for reuse and recycling at least for waste from materials such as paper, plastic, metal, glass originating from households and, where appropriate, wastes of other origin, where these waste streams are similar to household waste.
The objectives are based on Directive 2008 / 98 / EC of the European Parliament and of the Council on waste.
The method of pursuing the objective will be established in accordance with the provisions in force in the European Union (2).
Table 1: For Objective (b), it is proposed to establish sequential values in specified years.
| Rok | Cíl |
|---|---|
| 2016 | 46 % |
| 2018 | 48 % |
| 2020 | 50 % |
Principles:
(a) Maintain, support and develop separate commodity collection (paper, plastic, glass, metals, beverage cartons) with regard to the objectives set for each material and to the higher quality of the waste so collected.
(b) Maintain and develop the availability of separate collection of recovered waste in municipalities.
(c) In municipalities, it is mandatory to ensure (introduce) separate (sorted) collection of usable components of municipal waste, at least paper, plastics, glass and metals.
d) The municipal waste collection system in the municipality is defined by the municipality with regard to the requirements and availability of technological waste treatment. The collection system shall be laid down by the municipality in a generally binding decree within its own competence.
(e) The scope and method of separate collection of municipal waste components in the municipality shall be determined by the municipality with regard to the technical, environmental, economic and regional possibilities and conditions for further treatment of waste, the separate collection being sufficient to ensure the objectives of the waste management plan for municipal waste.
(f) The municipality is obliged to comply with the waste hierarchy, namely, in particular, to offer waste for recycling, then for other recovery and only if the waste cannot be used, to transmit it for disposal. The waste hierarchy may be derogated from only where justified in accordance with the applicable legislation and does not jeopardise or harm the environment or human health and is progressed in accordance with waste management plans.
(g) Prioritise environmentally beneficial, economically and socially viable technologies for the treatment of municipal waste.
(h) Maintain and develop participation and cooperation with packaging producers and other producers in accordance with the "polluter pays" and "extended responsibility of the manufacturer," to ensure collection (re-collection) and recovery of relevant municipal waste components.
(i) Before changing the collection and management system for municipal waste on a national scale, always carry out a thorough analysis, including environmental, economic, social aspects and subject it to a broad discussion of all stakeholders concerned.
j) The treatment of mixed municipal waste by sorting may be supported as a complementary technology of waste treatment before further material and energy recovery. This adjustment does not replace the separate collection of usable municipal waste components.
Measure:
(a) to establish legally the obligation and conditions for separate collection of municipal waste in municipalities.
(b) Close checks to ensure a separate collection of usable municipal waste components, at least for paper, plastics, glass and metals.
(c) Close monitoring of compliance with the waste hierarchy.
(d) continuously evaluate the municipal waste management system and its capacity and propose measures to improve it.
(e) Classification of sorted waste, obtained under separate collection in municipalities, as municipal waste (containing a packaging component), i.e. group 20 of the Waste Catalogue.
(f) Legally define the conditions under which a deviation from the waste hierarchy may occur. Those conditions should, in particular, monitor the protection of the environment and health, take into account the overall life cycle of waste and its environmental impact, technical feasibility, economic sustainability and possible social impacts.
(g) At the level of the municipality, inform citizens and other participants of the municipal waste management system once a year of the methods and extent of separate collection of municipal waste, recovery and disposal of municipal waste and of other waste management within the municipal system. Information on prevention and minimisation of municipal waste is also included. At least once a year to publish quantified results of the municipal waste management.
(h) continuously evaluate the municipal waste management system at municipal and regional level.
1.3.1.1.1. Compound municipal waste
Compound municipal waste is waste classified according to the Waste Catalogue under code 200301 and for the purpose of setting the target it is residual waste after sorting out material-usable components, hazardous components and biodegradable waste which will be used as a priority.
Fill:
Objective:
Compound municipal waste (after sorting material-usable components, hazardous components and biodegradable waste), in particular energy use in installations designated in accordance with the applicable legislation.
Principles:
a) Significantly reduce landfill of mixed municipal waste.
(b) reduce the production of mixed municipal waste by introducing or expanding the separate collection of usable municipal waste components, including biodegradable waste.
Measure:
(a) legislately define the possibilities and conditions for energy recovery of mixed municipal waste, in particular in relation to the Waste Framework Directive and the energy efficiency of the installation and with regard to air protection.
(b) to adjust the burden on the landfill of usable municipal waste so as to make it less difficult to landfill those types of waste which, since 2024, will be prohibited from landfilling, in accordance with the waste hierarchy, including mixed municipal waste, including with regard to the adaptation of the waste economy to external conditions such as European Union legislation, the application of new technologies, competitive environments and so on, while maintaining a high degree of diversification and market principles with a balanced cost for waste producers and with regard to social sustainability for citizens.
(c) Compound municipal waste is to be classified as waste which is expected to be banned from landfill since 2024.
(d) Support the building of the appropriate efficient infrastructure necessary to ensure and increase energy recovery of waste (in particular mixed municipal waste).
(e) To an adequate extent, use energy-efficient municipal waste in waste energy recovery facilities without prior treatment or after treatment by subsequent incineration / co-incineration for compliance with applicable legislation.
(f) continuously evaluate the mixed municipal waste management system at municipal and regional level.
1.3.1.2 Trade waste
For the purpose of economically balanced management of municipal waste in municipalities and to ensure compliance in particular with the requirement of the European Waste Framework Directive for the sorted collection of at least waste from paper, plastics, glass and metals and the recycling target of the Waste Directive, adopt and comply with:
Principles:
(a) To provide operators of commercial waste, i.e. legal persons and natural persons authorised to do business, producing municipal waste on the territory of the municipality (traders, entities from the non-industrial production sector, administration, services and trade) with the possibility of participating in the municipal waste management system in the municipality, provided that the municipality has an established municipal waste management system with the inclusion of commercial waste.
(b) In municipalities, also establish a municipal waste management system for municipal waste produced by legal persons and natural persons authorised to do business involved in municipal waste management. Determine the method of collecting individual types of waste, but at least separate collection of paper, plastics, glass, metals, biodegradable waste and mixed municipal waste produced by legal persons and natural persons authorised to do business in the municipal municipal waste management system.
(c) Charging the involvement of commercial legal persons and natural persons authorised to do business in the municipal waste management system.
(d) When managing municipal waste from involved legal persons and natural persons authorised to do business, apply the principles for the management of municipal waste in accordance with the waste hierarchy.
e) Enable municipalities to involve legal persons and natural persons authorised to do business in their municipal waste management systems as well as in their capacity and capacity.
Measure:
(a) the possibility of involving legal persons or natural persons authorised to do business in municipal municipal waste management systems;
(b) continuously evaluate the municipal waste management system in relation to the possibility of involving legal persons and natural persons authorised to do business with the municipal waste they produce in the municipal municipal waste management system.
(c) At the level of the municipality, to enable criteria to be set, for example, the maximum production limit of municipal waste, which will allow legal persons and natural persons authorised to do business to be involved in the municipal waste management system in the municipality of municipal waste they produce.
d) Continuously evaluate the criteria referred to in (c) and modify them according to the current conditions in the municipality.
(e) Extend the control powers of municipalities, in particular by sanctions against legal persons and natural persons using illegally municipal waste management systems.
(f) to allow the cooperation of municipalities with trade unions to improve the control of legal persons and natural persons authorised to do business in the territory of the municipality.
(g) Simplify the obligation to keep records of waste by legal persons and natural persons authorised to do business in the municipal waste management system.
(h) At the level of the municipality, inform, at least once a year, legal persons and natural persons authorised to do business and participants in the municipal waste management system of the methods and extent of separate waste collection and management.
1.3.1.3 Biodegradable wastes and biodegradable municipal wastes
In order to meet the objectives of Council Directive 1999 / 31 / EC on waste landfills, limit the amount of biodegradable municipal waste stored in landfills and achieve:
Objective:
Reduce the maximum quantity of biodegradable municipal waste stored in landfills so that the proportion of this component in 2020 is not more than 35% by weight of the total quantity of biodegradable municipal waste produced in 1995.
Principles:
(a) In municipalities, it is compulsory to provide for a separate collection and management system for biodegradable waste, at least for biodegradable waste of plant origin.
(b) Promote and develop a system for collecting biodegradable municipal waste.
(c) Promote the maximum use of biodegradable waste and products from its processing.
(d) To promote the construction and development of the infrastructure necessary to ensure the recovery of biodegradable waste.
Measures for the management of biodegradable municipal waste and other biodegradable waste:
(a) Legislative definition of terms in this area.
(b) For each group of biodegradable waste, determine their characteristics and the requirements for collecting and handling them.
(c) Legally, the obligation of municipalities to establish, by a generally binding decree of the municipality, a system of collection, separate collection and management of biodegradable waste on the territory of the municipality, at least for biodegradable waste of plant origin, and the obligation of municipalities to identify places where natural persons and agents connected to the municipal system may separately defer biodegradable waste, at least biodegradable waste of plant origin.
(d) Legally establish the obligation of natural persons and agents connected to the municipal system, biodegradable waste separately to collect, sort and transfer for recovery according to a system established by the municipality, provided that they do not use the waste themselves in accordance with the Waste Act.
(e) Legislative anchoring of the obligation of municipalities to provide for a generally binding decree of the municipality a system of collection and separate collection of paper, and the obligation of municipalities to determine the places where natural persons and agents connected to the municipality system may delay the paper they produce as waste.
(f) Legally establish the obligation for natural persons and agents connected to the municipal system, the paper separately to collect, sort and transmit for recovery according to the system established by the municipality, provided that the waste is not used themselves in accordance with the Waste Act.
(g) The system will be based on the technical possibilities and methods of using biodegradable waste in the municipality following the management of municipal waste in the region. In so doing, the mechano-biological treatment and energy recovery of biodegradable components contained in mixed municipal waste do not replace the obligation of the municipality to introduce a separate collection and recovery system for biodegradable waste.
(h) Close checks to ensure separate collection of biodegradable waste.
(i) At the municipality level, inform citizens and other participants of the municipal waste management system once a year of the methods and extent of separate collection and management of biodegradable waste. Information on prevention and minimisation of biodegradable waste is also included. At least once a year to publish quantified results of the municipal waste management.
j) Promote the technical and awareness campaigns of domestic, community and municipal composting of biodegradable waste in natural persons. The programme to promote and implement domestic, community and municipal composting in cooperation with municipalities is recommended to be incorporated into regional waste management plans.
k) Promote the construction of equipment for aerobic degradation, anaerobic degradation, energy recovery and preparation for energy recovery of biodegradable waste. Develop an adequate network of such facilities in regions for the management of separately collected biodegradable waste from municipalities and other agents, including sewage sludge.
(l) to lay down minimum requirements for technologies for the processing of biodegradable waste and for the characteristics of output products in order to achieve a high use of products and to meet all claims to protect human health and the environment.
m) Promote the recovery of compost produced from biodegradable municipal waste, i.e. biological waste obtained from separate collection of biodegradable municipal waste, for application to soil. Create conditions for the disposal of output products from processing separately collected biodegradable waste, i.e. compost and digestra, mainly for use in agricultural production and also in municipalities.
(n) In cooperation with the Ministry of Agriculture, encourage farmers to partially replace industrial fertilisers produced from waste which meet the qualitative requirements for common fertilisers.
(o) to allow and promote the energy recovery of biodegradable waste contained in mixed municipal waste, which is generally not suitable for direct composting, processing in biogas stations or other biological methods, taking into account the heterogeneity of the material and the concentration of risk substances and elements.
(p) Promote the construction of energy recovery facilities for mixed municipal waste.
q) Promote energy use of mixed municipal waste in installations for the energy recovery of waste without its prior modification or after its modification by subsequent incineration / co-incineration for compliance with applicable legislation.
(r) Close monitoring of the operation of the plant for the treatment and recovery of biodegradable waste in the waste landfill area in order to prevent the landfill of such waste which is prohibited from being dumped.
(s) Close monitoring of the management of food and animal by-products waste in accordance with Regulation (EC) No 1069 / 2009 of the European Parliament and of the Council.
(t) to make it legally possible to use biodegradable waste similar to targeted biomass (e.g. lawn mowers and the like) in agricultural biogas stations.
(u) continuously evaluate the biodegradable waste management system at regional level.
(v) Continuous adaptation of the municipal waste landfill charge so as to put the amount at a disadvantage in the landfill of recyclable and reusable waste types in accordance with the waste hierarchy, including those containing biodegradable components, including with regard to the adaptation of the waste economy to external conditions such as European Union legislation, the application of new technology, a competitive environment and so on, while maintaining a high level of diversification and market principles with a balanced cost for waste producers and citizens.
(w) Legislative provision has been made since 2024 to prohibit the landfill of mixed municipal waste, recyclable and reusable waste.
x) Ensure a high-quality data base on the production and management of biodegradable waste, including data on biodegradable waste facilities.
(y) In the case of agricultural waste (3), (4) promote their treatment by technologies such as anaerobic degradation (digestion, fermentation), aerobic degradation (composting) or other biological methods.
(z) to determine the parameters for the outputs from the biowaste treatment plant to be used in the environment legally.
1.3.1.4 Construction and demolition waste
In order to meet the recycling objective of the European Waste Framework Directive and approach the "recycling company ', ensure:
Objective:
To increase to at least 70% by 2020 the rate of preparation for re-use and recycling of construction and demolition waste and other types of material recovery, including dregs in which materials are replaced in accordance with the applicable legislation of construction and demolition waste categories other than those in nature present in the Waste Catalogue (5) under catalogue number 17 05 04 (soil and stone).
The objective is based on Directive 2008 / 98 / EC of the European Parliament and of the Council on waste.
Principles:
(a) Regulation on the development and management of construction and demolition waste with a view to protecting human health and the environment.
(b) to make maximum use of modified construction and demolition waste and recyclates from construction and demolition waste.
Measure:
(a) lay down the conditions for the management and management of construction and demolition waste, thereby minimising hazardous components and properties, ensuring the use and recycling of construction and demolition waste as a priority and ensuring a high quality of subsequent recycling.
(b) Follow European Union legislation on "end-of-waste" and, if the relevant legislative document at European Union level is not processed, draw up a document setting out precisely the transition of recycled construction and demolition waste to the product.
(c) The standards for the quality of recycling from construction and demolition waste are legally anchored.
(d) Ensure the mandatory use of recyclates meeting the required building standards as compensation for natural resources in the framework of a public-funded construction activity, where technically and economically possible.
(e) to prevent the use of unmodified construction and demolition waste, with the exception of excavation earth and noise without hazardous properties.
(f) Simplify the rules on the use of modified construction and demolition waste and recyclates from such waste on the ground surface while maintaining a high level of environmental protection and human health.
(g) Legally define the scope of types of construction and demolition waste suitable for use on the terrain surface.
h) Develop a document for waste management that will be present in the future in the commodity building waste - plastic windows, insulation materials from the heating of buildings and the like with a view to maximum use.
1.3.1.5. Hazardous wastes
In order to minimise the adverse effects of the generation and management of hazardous waste on human health and the environment, ensure:
Objectives:
(a) reduce the specific production of hazardous waste.
(b) To increase the proportion of material recovery of hazardous waste.
(c) Minimize the negative effects of hazardous waste management on human health and the environment.
d) Remove old loads where hazardous waste is found.
Principles:
(a) Promote the production of products in such a way as to reduce the generation of unrecoverable hazardous waste and thereby reduce the risk with a view to protecting human health and the environment.
(b) manage hazardous waste in accordance with the waste hierarchy.
(c) Promote technologies for the recycling and recovery of hazardous waste and technologies for the reduction of hazardous waste properties.
(d) To check consistently whether waste which has lost dangerous properties by treatment does not actually show those properties.
(e) Do not use hazardous waste and hazardous waste which has ceased to be waste on the terrain surface.
(f) Tighten the conditions for the use of hazardous waste as technological material for technical security of the landfill.
g) Reduce the amount of hazardous waste in mixed municipal waste.
Measure:
(a) continuously evaluate the hazardous waste management system at regional level.
(b) motivate the public to separate the collection of hazardous components of municipal waste.
(c) In cooperation with the competent authorities, carry out effective education on the impact of hazardous properties of waste on human health and the environment, including the development of methodologies.
(d) Increase the number of hazardous waste recovery and waste treatment plants, where necessary, to reduce and eliminate hazardous properties.
(e) Establish a support system for building new innovative technologies and modernising existing technologies for the recovery and treatment of hazardous waste.
(f) In cooperation with the Ministry of Industry and Trade, establish a system to promote innovative production technologies aimed at reducing the amount of hazardous waste generated and the waste performance of technological processes.
g) Promote safe removal of old loads.
h) Revise and adjust the charge for the landfill of hazardous waste to an appropriate level with regard to the real economic condition of the waste management.
(i) Close control of the quantity of hazardous waste used as technological material for the technical security of waste landfills.
(j) Legislative provision of stricter conditions for entrustment to the assessment of hazardous properties of waste - test of expertise.
(k) Legally establish requirements for a person taking samples of hazardous waste for testing to demonstrate the properties of waste.
1.3.1.6 End-of-life products with reverse mode
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Regulation Information
| Citation | Government Regulation No 352 / 2014 Coll., on Waste Management Plan of the Czech Republic for the period 2015- 2024 |
|---|---|
| Regulation Type | Regulation |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 31.12.2014 |
|---|---|
| Effective from | 01.01.2015 |
| Effective until | - |
| Status | Valid |
Legal Areas:
Administrative law
Environment
The regulation text is for informational purposes only.
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