Act No. 37 / 2000 Coll.

Act amending Act No. 125 / 1997 Coll., on Waste, as amended by Act No. 167 / 1998 Coll.

Valid Effective from 29.02.2000
37
THE LAW
of 18 January 2000
amending Act No. 125 / 1997 Coll., on Waste, as amended by Act No. 167 / 1998 Coll.
Parliament has decided on this law of the Czech Republic:
Čl. I
Act No. 125 / 1997 Coll., on Waste, as amended by Act No. 167 / 1998 Coll., is amended as follows:
1. in Article 5 (1), the following point (e) is inserted after point (d):
"(e) to transfer hazardous waste for recovery or disposal only to the person authorised to operate a facility for the treatment, recovery or disposal of waste pursuant to Article 7 (4) (a) or a facility for the collection and recovery of hazardous waste pursuant to Article 6 (1) (f).";
Points (e) to (i) shall be renumbered as points (f) to (j).
2. In Article 5 (1), the dot is replaced by a comma at the end of the paragraph and the following point (k) is added:
"(k) to process the waste management plan (hereinafter referred to as" POH "). The formalities shall be laid down by the Ministry by decree. The processed POH shall be sent by the originator to the competent district office without undue delay. ';
3. In Article 6 (1) (f), the words "or operate a facility for the collection and purchase of hazardous waste may be inserted after the words" dealing with hazardous waste. "
4. Articles 9 and 10, including the headings and footnotes 17, 17a and 25 shall read:
„§ 9
Treatment of municipal waste in the municipality
(1) On the territory of the municipality, the municipality or the beneficiary (§ 2 (13)) is handling municipal waste (§ 2 (3)), which has received the municipality's written consent to handle municipal waste. Written consent is granted by the municipality under separate jurisdiction. The municipality may specify the specific conditions under which consent may be granted. The administrative rules shall apply to the procedure for the issue of consent.
(2) The municipality may, within its own competence, provide for a local collection, collection, sorting, recovery and disposal system, including the management of construction waste, by a generally binding decree. By decree, the municipality may determine the amount of the levy on the collection, sorting, recovery and disposal of waste, including the way in which it is collected.
(3) The municipality is obliged to identify places where natural persons can put municipal waste that they produce and to provide places where natural persons can put hazardous components of municipal waste (e.g. batteries, paint residues and consumer chemistry, fluorescent lamps, solvents). The obligation to provide sites for the disposal of hazardous components of municipal waste shall be fulfilled by the municipality if it ensures that such waste is regularly collected by an authorised person.
(4) Natural persons shall be obliged to put waste away in places designated for this purpose and from the date on which the generally binding decree referred to in paragraph 2 provides for the collection, sorting and transfer of municipal waste separately for recovery or disposal under the system established by the municipalities.
(5) Originators or beneficiaries who produce waste classified under the Waste Catalogue as municipal waste may, by written agreement with the municipality, use the municipal waste management system established by the municipality.
§ 10
Municipal waste charge
(1) The municipality may provide for a general binding decree (Paragraph 9 (2)) and collect a charge for municipal waste ("the levy") arising from its territory.
(2) The payer shall be any natural person whose activity produces municipal waste. The fee is paid by the owner or manager of the building or property where municipal waste is generated. The payer shall charge the fee to the individual taxpayers. The rules governing the price of services associated with the rent of an apartment shall apply mutatis mutandis to the breakdown. 17a) Owners of flats defined as units under a special law, 17) who do not have a designated administrator are both taxpayers and payers.
(3) Charge25) is carried out by the municipality which introduced it in its territorial district.
(4) If the fee is not paid in time or at the correct amount, the municipality shall charge the fee by means of payment.
(5) The maximum amount of the fee shall be determined on the basis of the estimated eligible costs of the municipality resulting from the municipal waste management scheme and allocated to the individual taxpayers by reference to the number and volume of containers intended for disposal of individual real estate waste or by reference to the number of users of flats and to the level of sorting of such waste. The fee may also reflect the costs of renting containers for disposal. The fee is the income of the municipality.
(6) Originators or beneficiaries who produce waste under the Waste Catalogue classified as communal and who have participated in a system established by the municipality by written agreement shall pay the price agreed in this written agreement.
17) Paragraph 2 (f) of Act No. 72 / 1994 Coll., which regulates certain joint ownership relations with buildings and certain ownership relations with apartments and non-residential premises and complements certain laws (the Housing Act).
17a) For example, Decree No. 176 / 1993 Coll., on the rental of an apartment and the payment of services provided with the use of an apartment, as amended, Decree No. 85 / 1997 Coll., on the rental of apartments purchased in cooperative housing construction and the payment of services provided with the use of such apartments.
25) Act No. 337 / 1992 Coll., on the Administration of Taxes and Fees, as amended. '
5. Paragraph 18 (4) reads as follows:
"(4) With effect from 1 January 2008, it shall be prohibited to manufacture and import packaging made of polyvinyl chloride (PVC) and products in such packages. '
6. in Paragraph 27 (1), points (a) and (f), including footnote 17, shall be deleted;
Points (b) to (e) shall be renumbered (a) to (d) and (g) shall be renumbered (e).
Čl. II
Transitional provision
Unless otherwise provided for in this law, the provisions of this law shall also apply to legal relationships arising before the date of its entry into force; However, the existence of such legal relations and the claims arising from them before the law is effective shall be assessed in accordance with the existing rules.
Čl. III
Efficacy
This Act shall take effect on the day of its publication.
Klaus v. r.
Zeman v. r.

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Regulation Information

CitationAct No. 37 / 2000 Coll., amending Act No. 125 / 1997 Coll., on Waste, as amended by Act No. 167 / 1998 Coll.
Regulation Type-
Author-
CollectionCode of Laws
Date of Promulgation29.02.2000
Effective from29.02.2000
Effective until-
Status Valid
The regulation text is for informational purposes only.
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