Government Decree No. 416 / 2002 Coll.
Government regulation setting out the amount of the levy and the way it is paid to the source of radioactive waste to the nuclear account and the annual amount of the contribution to municipalities and the rules governing its provision
Valid
Regulation
Effective from 01.01.2003
416
GOVERNMENT REGULATION
of 28 August 2002
determining the amount of the levy and the way in which it is paid to the source of radioactive waste to the nuclear account and the annual amount of the contribution to municipalities and the rules governing its provision
The Government orders pursuant to § 27 (4) (a) and § 27 (7) and (11) of Act No. 18 / 1997 Coll., on the peaceful use of nuclear energy and ionising radiation (Atomic Act) and on the amendment and addition of certain laws, as amended by Act No. 13 / 2002 Coll.:
Departure paid to nuclear reactor radioactive waste producers
(1) The basis of the levy paid by the producers of radioactive waste operating nuclear power plants is the annual electricity generation measured at generator terminals. The rate of the levy is CZK 50 for each megawatt hour from the base of the levy.
(2) The basis of the levy paid by the radioactive waste agents operating research nuclear reactors with a heat output higher than 0,1 megawatt hours is the annual heat energy production. The rate of the levy is CZK 15 for each heat megawatt hour from the base of the levy.
(3) The levy referred to in paragraph 1 or 2 shall be paid in advance for each calendar month. Advances shall be payable at the latest by the end of the following calendar month at the amount determined as the product of the rate of contribution and the amount of electricity or heat produced in that calendar month.
(4) The admission to the levy referred to in paragraph 1 or 2 shall be submitted by the producer of radioactive waste to the Radioactive Waste Management Board (hereinafter referred to as "the Administration ') no later than 31 January following the year for which the levy is made, on a form issued by the Administration; it shall indicate the electricity or thermal energy actually produced for the previous calendar year and calculate the amount of the levy for that year. If the advances paid pursuant to paragraph 3 are less than the amount of the levy calculated in the return, the difference shall be due on the date fixed for the submission of the return.
Payment paid to the producer of small amounts of radioactive waste
(1) The originators of radioactive waste, not referred to in Section 1, are considered to be the source of small amounts of radioactive waste. 1)
(2) The payment paid to the originator of a small amount of radioactive waste shall be payable on a one-off basis on receipt of radioactive waste by the Administration and shall:
(a) CZK 30 906 per standard storage unit of 216 l (hereinafter referred to as the "keg"), meeting at the date of acceptance of the condition for storage of radioactive waste established by the State Office for Nuclear Safety (hereinafter referred to as "the Office"), 2
b) CZK 344,488 per barrel, which at the date of acceptance of the condition for storage of radioactive waste determined by the Office but meeting the conditions for storage.
(3) The amounts of the levy referred to in paragraph 2 (a) and (b) shall be increased by 2% each calendar year as from 1 January 2016 compared to the year immediately preceding.
(4) If radioactive waste is produced by the originators of a small amount of radioactive waste when taken over by the Administration in an unmodified form or if it is placed in a barrel which does not meet the storage conditions, the Administration of the levy shall determine, in each case, individually and in determining the amount of the levy, the amount determined in accordance with paragraph 2 (b), taking into account the size, volume or weight of the radioactive waste received.
Receipts
(1) The person requesting authorisation from the Authority under the Atomic Act, (3) where radioactive waste is to be generated, shall also register with the Administration as a future source of radioactive waste.
(2) The form issued by the Administration for the purposes of the records referred to in paragraph 1 shall contain:
(a) the name and surname or, where appropriate, the business name, the birth number, if any, and, if not allocated, the date of birth, permanent residence, place of business, identification number, if allocated, the activity from which the radioactive waste would have been generated in the event of an authorisation by the Authority and the estimated type and quantity of such waste, if any, of the natural person; or
(b) the business name or name, registered office, identification number, if assigned, the name and surname and permanent residence of persons who are a statutory authority or a member of a statutory authority, details of the activity from which, in the event of an authorisation being granted by the Authority, the radioactive waste would be generated and of the type and quantity envisaged, if it is a legal person.
(3) The Administration shall examine the information provided by the person requesting registration and invite it to supplement it, if necessary, within a specified time limit and shall then assign to it a registration number which that person will indicate in all cases in contact with the Administration.
(4) The account of the payer shall be kept by the Administration as long as the payer transfers the funds to the nuclear account and the records shall be kept for at least 5 years after the payment of the contributions has been completed.
Annual amount and rules for the grant to municipalities
(1) The municipality receives a contribution of CZK 4 000 000 per year from the nuclear account on the basis of the government's approved annual activity plan and budget, if it is located in its cadastral territory
(a) radioactive waste storage sites; or
(b) a protected area for special intervention in the earth's crust for the storage of radioactive waste in underground areas (hereinafter referred to as "protected territory").
(2) The municipality in whose cadastral territory an exploratory area is established for special intervention in the earth's crust for the storage of radioactive waste in underground areas (hereinafter referred to as the "exploratory area") will receive a contribution of CZK 600,000 per year from the nuclear account, on the basis of a decision issued by the Council under another legislation, and a contribution of CZK 0,30 per year for each m2 of the cadastral territory of the municipality in which the survey area is established.
(3) The administration shall inform each of the municipalities referred to in paragraph 1 by the end of June of the calendar year preceding the calendar year for which the contribution is to be granted, that the contribution will be granted to it and to what extent. The contribution to the municipalities will be transferred by the Administration to their account in the first half of the year to which the Government approved the annual activity plan and budget of the Administration. Within 30 days of receipt of the contribution, the municipality shall inform the Administration in writing of the beneficial activities of the municipality of the contribution; By the end of May for the previous calendar year, the municipality shall also inform the Administration of the activity for which the contribution has been used. In its annual activity and budget plan submitted to the Government for approval, the administration shall indicate the municipalities receiving the contribution, the amount of the contribution required and the way in which the contribution is used by municipalities for the immediately preceding period.
(4) The administration shall inform each of the municipalities referred to in paragraph 2 within 3 months of the date of the decision on the establishment of the exploratory territory of the grant and of the amount of the grant. The first contribution to the municipality shall be transferred by the Administration to its account no later than 120 days after the date of the decision; However, if the court has given the action against a decision of an administrative authority a suspensive effect, the administration shall transfer the first contribution to the municipality to its account no later than 30 days after the date of the end of the proceedings, unless the court withdraws the decision of the administrative authority. For the second and each subsequent contribution, the Administration shall, by the third month of the calendar year, inform the municipality of the grant and the amount referred to in paragraph 2 for the year in question. The Administration shall transfer the second and each subsequent contribution to the municipality within the sixth month of the year to which the contribution is granted. Within 30 days of receipt of the contribution, the municipality shall inform the Administration in writing of the beneficial activities of the municipality of the contribution; By the end of May for the previous calendar year, the municipality shall also inform the Administration of the activity for which the contribution has been used. The management of its annual activity and budget plan, submitted to the Government for approval, shall indicate the municipalities receiving the contribution, the amount of the contribution required and the way in which the contribution is used by municipalities during the immediately preceding period.
(5) The calculation of the area in square metres in the cadastral territory of the municipality where the survey area is situated shall be carried out in accordance with the decision establishing that territory.
(6) The contribution to municipalities whose cadastral territory is established by the exploratory territory or protected territory may be paid only during the period of validity of the relevant decision establishing the exploratory territory or protected territory.
Transitional provision
The registration of debtors of contributions to a nuclear account in accordance with the existing rules shall be deemed to be a registration under this Regulation.
Repeal
Government Decree No. 224 / 1997 Coll., on the amount and method of disposal of radioactive waste agents into a nuclear account, is hereby repealed.
Efficacy
This Regulation shall enter into force on 1 January 2003, with the exception of Article 4, which shall take effect on the day of its publication.
Prime Minister:
PhDr. Špidla v. r.
Minister for Industry and Trade:
Ing. Rusnok v. r.
1) Paragraph 27 (5) of Act No. 18 / 1997 Coll., on the Peaceful Use of Nuclear Energy and Ionizing Radiation (Atomic Act) and amending and supplementing certain laws, as amended by Act No. 13 / 2002 Coll.
2) § 31 of Act No. 18 / 1997 Coll.
3) Article 9 of Act No. 18 / 1997 Coll., as amended by Act No. 13 / 2002 Coll.
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Regulation Information
| Citation | Government Decree No. 416 / 2002 Coll., establishing the amount of the levy and the way in which it is paid to the source of radioactive waste to the nuclear account and the annual amount of the contribution to municipalities and the rules governing its provision |
|---|---|
| Regulation Type | Regulation |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 27.09.2002 |
|---|---|
| Effective from | 01.01.2003 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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