Decree No. 374 / 2008 Coll.
Ordinance on shipments of waste and amending Decree No. 381 / 2001 Coll., laying down the Waste Catalogue, List of Hazardous Waste and List of Waste and States for the purpose of export, import and transit of waste and the procedure for granting consent to export, import and transit of waste (Waste Catalogue), as amended
Valid
Order
Effective from 01.11.2008
374
DECLARATION
of 3 October 2008
on shipments of waste and amending Decree No. 381 / 2001 Coll., laying down the Waste Catalogue, List of Hazardous Waste and List of Waste and States for the purpose of exporting, importing and transporting waste and the procedure for granting consent to the export, import and transit of waste (Waste Catalogue), as amended
The Ministry of the Environment provides pursuant to § 24 (3) and § 55 (2) of Act No. 185 / 2001 Coll., on waste and on the amendment of certain other laws, as amended by Act No. 188 / 2004 Coll. and Act No. 34 / 2008 Coll., ("the Act '):
Preliminary provisions
This decree regulates the scope of the information and documentation referred to in Part 3 of Annex II for the different types of shipments and markings of a waste vehicle, following the directly applicable European Community legislation on shipments of waste (1) (hereinafter referred to as the "directly applicable regulation ').
Labelling of motor vehicles transporting waste
(1) Motor vehicles carrying waste on publicly accessible roads must be marked with two rectangular reflective white warning signs of a width of 40 cm and a height of at least 30 cm, marked "A" with a height of 20 cm and a thickness of 2 cm. The reflective characteristics of the warning plates shall comply with the requirements of the United Nations Economic Commission for Europe's approval Regulation on the marking of heavy and long vehicles and their trailers, and shall be visibly located in front and rear of the vehicle perpendicular to its longitudinal axis during transport. In the case of combinations, the rear table shall be attached to the rear side of the trailer.
(2) The warning plates shall be so attached to the vehicle that, when the vehicle is in operation, it cannot be released spontaneously without covering the other mandatory markings of the vehicle, lighting and registration plate plates.
(3) Paragraph 1 does not apply to M1 and N12 vehicles.
Transport of non-green waste from the Czech Republic to another EU country or export from the Czech Republic to third countries
(1) For shipments of waste not listed in the Green List from the Czech Republic to another EU country or exports from the Czech Republic to third countries, the documentation and information referred to in points 7, 8, 10, 11 and 12 shall be required from Part 3 of Annex II to the Regulation directly applicable.
(2) In accordance with paragraph 14 of Part 3 of Annex II to the Regulation directly applicable, a further requirement shall be
(a) a copy of the extract from the commercial register of the notifier corresponding to the state in which the contract was signed pursuant to Article 5 of the directly applicable regulation;
(b) proof of ownership of the waste to which it is
1. a copy of the consent to the management of hazardous waste granted to the notifier under Article 16 (3) of the Act or an integrated authorisation under the Specific Legislative Act (3), where waste is generated in the course of the activity of the notifier and is assigned a category of hazardous waste;
2. a declaration by the notifier that the category of other waste concerned is generated by its activity and that, in the cases referred to in Articles 22 and 24 of the directly applicable regulation, the premises for the storage of returned waste are secured; or
3. a copy of the consent granted to the notifier under Article 14 of the Act on the operation of the installation, including a copy of the relevant operating order of the installation or an integrated permit under the special legislature (3), if the waste is not generated in the activity of the notifier,
(c) the address of the stationary warehouse in which the waste will be stored before the start of cross-border transport and the address of the stationary warehouse in the Czech Republic to which the waste would be returned in the cases referred to in Articles 22 and 24 of the directly applicable regulation;
(d) the documents referred to in (a) and (b) of the warehouse operators referred to in (c), unless their operator is the notifier;
(e) a copy of the contract between the notifier and the warehouse operator referred to in point (c) on the disposal of waste before the start of the cross-border shipment, unless the warehouse operator is the notifier;
(f) a copy of the contract between the notifier and the warehouse operator referred to in point (c) on securing the capacity reserve in the warehouse, corresponding to at least the amount of waste transported, covering the financial guarantee referred to in Article 6 of the directly applicable regulation, in cases referred to in Articles 22 and 24 of the directly applicable regulation, where the operator of the warehouse is not the notifier; and
(g) the particulars and documents needed to calculate the financial guarantee referred to in Article 6 (1) of the Regulation directly applicable.
Shipments of wastes on the green list from the Czech Republic to Member States subject to the transitional provisions laid down in Article 63 of the directly applicable regulation
(1) For shipments of waste on a green list from the Czech Republic to Member States subject to the transitional provisions laid down in Article 63 of the Regulation directly applicable, the documentation and information referred to in points 7, 8 and 12 of Part 3 of Annex II shall be required.
(2) In accordance with paragraph 14 of Part 3 of Annex II to the Regulation directly applicable, a further requirement shall be
(a) a copy of the extract from the commercial register of the notifier corresponding to the state in which the contract was signed pursuant to Article 5 of the directly applicable regulation;
(b) proof of ownership of the waste to which it is
1. a declaration by the notifier that the waste in question of the category of the others is generated by its activity and that, in the cases referred to in Article 5 (3) (a) of the directly applicable regulation, the storage facilities of the returned waste are secured where the waste is generated by the activity of the notifier; or
2. a copy of the consent granted to the notifier under Article 14 of the Act on the operation of the installation, including a copy of the relevant operating order of the installation or an integrated permit under the special legislature3) if the waste is not generated in the activity of the notifier,
(c) the address of the stationary warehouse in which the waste will be stored before the start of the cross-border shipment and the address of the stationary warehouse in the Czech Republic to which the waste would be returned in the cases referred to in Article 5 (3) (a), directly applicable, and the identification of the operator;
(d) a copy of the contract between the notifier and the warehouse operator referred to in point (c) on the disposal of waste before the start of the cross-border shipment, where the warehouse operator is not the notifier; and
(e) a copy of the contract between the notifier and the warehouse operator referred to in point (c) for the purpose of securing the warehouse in the cases referred to in Article 5 (3) (a) of the directly applicable Regulation, unless the warehouse operator is the notifier.
Waste transport to the Czech Republic for material recovery
(1) For shipments of waste to the Czech Republic for material recovery, the documentation and information referred to in paragraphs 7, 8, 9 and 12 shall be required from Part 3 of Annex II directly applicable.
(2) In accordance with paragraph 14 of Part 3 of Annex II to the Regulation directly applicable, a further requirement shall be
(a) a copy of the extract from the commercial register of the consignee corresponding to the condition in which the contract referred to in Article 5 of the directly applicable regulation was signed;
(b) proof that the consignee is entitled to carry out the recovery of the waste in an establishment which is operated by him:
1. a copy of the consent granted under Paragraph 14 (1) of the Act for the operation of the installation and a copy of the operating order or of the corresponding part thereof; or
2. a copy of the integrated permit under the special legislature3), including the operating rules, or, where appropriate, the corresponding part of those documents; or
3. a copy of the data sent pursuant to § 39 (3) of the Act to the municipal authority of the municipality with extended scope by the operator of the installation, which is operated under § 14 (2) of the Act,
(c) information on how the financial guarantee referred to in Article 6 of the directly applicable regulation is secured; and
(d) information on the current annual operational capacity of the installation referred to in point (b) with regard to waste to be transported to the Czech Republic.
Waste transport to the Czech Republic for energy recovery
(1) For shipments of waste to the Czech Republic for energy recovery, the documentation and information referred to in paragraphs 7, 8, 9 and 12 shall be required from Part 3 of Annex II to the directly applicable regulation.
(2) In accordance with paragraph 14 of Part 3 of Annex II to the Regulation directly applicable, a further requirement shall be
(a) a copy of the extract from the commercial register of the consignee corresponding to the condition in which the contract referred to in Article 5 of the directly applicable regulation was signed;
(b) proof that the consignee is entitled to carry out the recovery of the waste in an establishment which is operated by him:
1. a copy of the consent granted under Paragraph 14 (1) of the Act for the operation of the installation and a copy of the operating order or of the corresponding part thereof; or
2. a copy of the integrated permit under the special legislature3), including the operating rules and, where appropriate, the corresponding part of these documents;
(c) a report on the result and progress of the combustion test;
(d) the authorisation of the competent authority of air protection for the incineration or co-incineration of waste under the specific legislation4);
(e) information on the arrangements for securing the financial guarantee referred to in Article 6 of the Regulation directly applicable; and
(f) information on the current annual operational capacity of the installation referred to in (b) with regard to waste to be transported to the Czech Republic.
Waste transport for pre-recovery with subsequent non-interim recovery in the Czech Republic
(1) For shipments of waste for interim recovery with subsequent non-interim recovery in the Czech Republic, the documentation and information referred to in paragraphs 7, 8, 9 and 12 shall be required from Part 3 of Annex II to the directly applicable regulation.
(2) The documentation and information referred to in paragraph 9 of Part 3 of Annex II to the Regulation directly applicable is required for a pre-use device and for a non-pre-use device in the Czech Republic.
(3) In accordance with paragraph 14 of Part 3 of Annex II to the Regulation directly applicable, a further requirement shall be
(a) a copy of the extract from the commercial register of the consignee and operator of each downstream pre-use facility and other than pre-use corresponding to the condition in which the contract was signed in accordance with Article 5 of the directly applicable regulation;
(b) proof that the consignee and the operator of each downstream facility for pre-recovery and other than pre-recovery are entitled to carry out recovery of the waste in the establishment which it operates:
1. a copy of the consent granted under Paragraph 14 (1) of the Act for the operation of an installation and a copy of the operating order or its corresponding part;
2. a copy of the integrated authorisation under specific legislation, including the operating rules, or, where appropriate, a corresponding part of those documents; or
3. a copy of the data sent pursuant to § 39 (3) of the Act to the municipal authority of the municipality with extended scope by the operator of the installation, which is operated under § 14 (2) of the Act,
(c) a report on the result and course of the combustion test where the downstream installation for non-preliminary use is an energy recovery installation;
(d) the authorisation of the competent authority of air protection for the incineration or co-incineration of waste pursuant to a specific legislation (4) where the downstream installation for non-preliminary recovery is an energy recovery installation;
(e) information on the arrangements for securing the financial guarantee referred to in Article 6 and, where appropriate, the additional financial guarantee referred to in Article 6 (6), directly applicable; and
(f) information on the current annual operational capacity of the installations referred to in (b) with regard to waste to be transported to the Czech Republic.
Common provisions
The documentation and information required for shipments of waste pursuant to § 3 to 7 shall not be required:
(a) chemical analysis in accordance with paragraph 7 of Part 3 of Annex II, directly applicable if the composition of the waste results from the information and documentation referred to in paragraph 16 of Part 1 or paragraph 8 of Part 3 of Annex II directly applicable;
(b) a description of the process of generation of waste referred to in point 8 of Part 3 of Annex II, directly applicable if the information and documentation referred to in point 16 of Part 1 of Annex II result from the directly applicable Regulation.
Third country shipments of waste
For shipments of waste to the Czech Republic from a third country, Part 3 of Annex II to the directly applicable regulation requires documentation and information pursuant to Sections 5, 6 and 7, as well as data and documents necessary for the calculation of the financial guarantee referred to in Article 6 (1) of the directly applicable regulation, unless the Ministry of the Environment provides for its own amount under Section 57 (2) of the Act.
Transit shipments of waste through the Czech Republic
For transit shipments of waste through the Czech Republic, the documentation referred to in point 12 of Part 3 of Annex II shall be required directly applicable.
Efficacy
This Decree shall take effect on 1 November 2008.
Minister:
RNDr. Bursík v. r.
1) Regulation (EC) No 1013 / 2006 of the European Parliament and of the Council of 14 June 2006 on shipments of waste.
2) Act No. 56 / 2001 Coll., on the conditions of the operation of vehicles on the road and amending Act No. 168 / 1999 Coll., on the insurance of liability for damage caused by the operation of the vehicle and on the amendment of certain related laws (Act on the insurance of liability from the operation of the vehicle), as amended by Act No. 307 / 1999 Coll.
3) Act No. 76 / 2002 Coll., on Integrated Pollution Prevention and Control, on Integrated Pollution Register and on the Amendment of Certain Laws (Integrated Prevention Act), as amended by Act No. 521 / 2002 Coll., Act No. 437 / 2004 Coll., Act No. 695 / 2004 Coll., Act No. 444 / 2005 Coll., Act No. 222 / 2006 Coll. and Act No. 25 / 2008 Coll.
4) Paragraph 17 (2) (c) of Act No. 86 / 2002 Coll., on Air Protection and on the amendment of certain other laws (Air Protection Act), as amended by Act No. 92 / 2004 Coll. and Act No. 186 / 2006 Coll.
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Regulation Information
| Citation | Decree No. 374 / 2008 Coll., on shipments of waste and amending Decree No. 381 / 2001 Coll., laying down the Waste Catalogue, List of Hazardous Waste and List of Waste and States for the purpose of export, import and transit of waste and the procedure for granting consent to the export, import and transit of waste (Waste Catalogue), as amended |
|---|---|
| Regulation Type | Order |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 13.10.2008 |
|---|---|
| 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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