What is Act No. 477 / 2001 Coll.?

Act No. 477 / 2001 Coll., on Packaging and on the Amendment of Certain Acts (Law on Packaging) — Law on packaging and amending certain laws (Law on packaging).

When it became Act No. 477 / 2001 Coll. effectiveness?

Act No. 477 / 2001 Coll. became effective 01.01.2002.

Is Act No. 477 / 2001 Coll. still valid?

Yes, Act No. 477 / 2001 Coll. is still valid and effective.

How many times was it Act No. 477 / 2001 Coll. amended?

Act No. 477 / 2001 Coll. has 30 time versions of the text.

Act No. 477 / 2001 Coll. - Law on packaging and amending certain la...

477

THE LAW

of 4 December 2001

on packaging and amending certain laws (Law on packaging)

Parliament has decided on this law of the Czech Republic:

ČÁST PRVNÍ

REQUEST

HLAVA I

BASIC PROVISIONS

§ 1

Purpose and subject matter of the law

(1) The purpose of this Act is to protect the environment by preventing waste from packaging, in particular by reducing the weight, volume and harm of packaging and chemical substances (1) (hereinafter referred to as "substances") in such packaging contained in accordance with European Union law. 2) That law lays down the rights and obligations of business legal and natural persons (hereinafter referred to as "the person ') and the powers of administrative authorities in preventing the generation of waste from packaging, placing on the market or putting into circulation, and in the management of packaging or packaging waste, and lays down fees and safeguards, remedies and infringements.

(2) This Act applies to the treatment of all packaging placed on the market or put into circulation in the Czech Republic, with the exception of containers used in road, rail or air transport or in maritime or inland navigation under international agreements by which the Czech Republic is bound and which have been declared in the Collection of Laws and International Contracts or in previous similar collection.3)

(3) Save as otherwise provided in this Act, the Waste Act (4) applies to the treatment of waste from packaging.

(4) This law is without prejudice to other packaging requirements laid down by specific legislation. 5)

§ 2

Basic concepts

For the purposes of this Act:

(a) a packaging of a product made of any material of any nature and intended to contain, protect, manipulate, supply or, where appropriate, presentation of a product or products intended for the consumer or other end-user, if it has at the same time:

1. at the point of purchase, constitute a sales unit for the consumer or other end-user (hereinafter referred to as the sales packaging),

2. at the point of purchase, form a group of a certain number of sales units, whether sold to the consumer or to another end user, or serve only as an aid for placing in shelves at the point of sale and may be removed from the product without affecting its characteristics (hereinafter referred to as "group packaging"); or

3. facilitate the handling of certain quantities of sales units or group packaging and facilitate their transport so as to prevent physical damage during handling and transport ("transport packaging"); criteria and illustrative examples specifying the concept of packaging are set out in Annex 1 to this Law;

(b) any item which has been manufactured, extracted or otherwise obtained, irrespective of the degree of processing thereof, and is intended to be placed on the market or put into circulation;

(c) the handling of packaging, the manufacture of packaging, the placing on the market or putting into circulation, the use of packaging, the treatment of packaging and the re-use of packaging;

(d) the placing on the market of the moment when the packaging or the packaging in the Czech Republic is, for the first time, handed over or offered for transmission for distribution or use, or when ownership rights are transferred to it for the first time; cross-border transport of packaging or packaging material from another Member State of the European Union to the Czech Republic or importation, with the exception of the placing on the market of inward processing or temporary importation procedure, in the event that the packaging or packaging products from the Czech Republic are exported in full abroad after the completion of that procedure;

(e) putting into circulation, whether alone or together with a product, for distribution or use, of a package, whether or not for free or free of charge in the Czech Republic, except for the placing on the market;

(f) the importation into the territory of the Czech Republic of the release into free circulation, inward processing or temporary importation of a packaging or packaging product from a State which is not a member of the European Union;

(g) a reusable packaging which has been designed, manufactured and placed on the market so that it can be used several times during its life cycle or can pass several cycles by being re-filled or re-used several times for the same purpose as it was originally intended for;

(h) a disposable packaging which is not a reusable packaging,

(i) a reversible packaging for which there is, in particular, a method of returning such packaging or waste from such packaging to the person who put it into circulation;

(j) a composite packaging consisting of at least two layers of different materials which cannot be separated manually and constitute a single integral unit forming an inner container and an outer container which is filled, stored, transported and emptied as such;

(k) plastic polymer-made material as referred to in Article 3 (5) of Regulation (EC) No 1907 / 200633 of the European Parliament and of the Council) to which additives or other substances may be added and which may be the main structural component of finished products; plastic is not a material consisting of chemically unmodified natural polymers,

(l) a disposable plastic packaging which is wholly or partly made of plastic and which is not a reusable packaging,

(m) an oxodegradable plastic packaging made of plastic materials containing additives which cause the plastic material to break down into microparticles or chemical decomposition by oxidation;

(n) biodegradation of aerobic or anaerobic decomposition of packaging waste; the oxodegradable plastic packaging is not considered to be biodegradable,

(o) re-collection of packaging or packaging waste from consumers in the Czech Republic for re-use of packaging or for recovery of 4) or disposal of 4) packaging waste;

(p) any other end-user engaged by a natural or legal person buying packaging for his business activity and not putting it into circulation;

(q) an industrial packaging intended exclusively for packaging of a product intended exclusively for another end-user,

(r) the packing product of the product from which the packaging is sold, the packaging is grouped or the packaging is transported directly or is part of a packaging consisting of several parts;

(s) a disposable plastic packaging device which is wholly or partly made of plastic and which is not made, designed or marketed in such a way that it can be made during its life cycle

1. use or be able to pass several cycles by returning to the person placing the container on the market or putting it into circulation, or

2. reused for the same purpose for which it was intended;

(t) plastic carrier bag with or without handles provided to the consumer at the point of sale of products made of plastic,

(u) a very light plastic carrier bag with a wall thickness of up to 15 microns, which is necessary for hygienic reasons or is provided as a bulk packaging if its use helps to prevent food waste;

(v) a drinking bottle used for any kind of drink, in particular beer, wine, drinking water, liquid snacks, juices and nectars, milk or instant drinks intended for direct consumption without the necessary mixing with any other product or preparation;

(w) a drinking bottle or a composite container for beverages used for any kind of drink, in particular beer, wine, drinking water, liquid snacks, juices and nectars, milk or instant beverages intended for direct consumption without the necessary mixing with another product or other treatment;

(x) by ecomodulating the impact of packaging on the environment, in particular its reusability, recyclability, content of hazardous substances and compliance with requirements laid down by other legislation34), in the context of its life cycle when determining the amount of money contribution authorised by the packaging company for a single packaging or group of similar packaging, paid by the person placing the packaging on the market or put into circulation in order to ensure the combined fulfilment of obligations under this law;

(y) the point of collection of waste from packaging.

HLAVA II

ESSENTIAL OBLIGATIONS IN THE DISCLOSURE AND WASTE FROM THE LIST

§ 3

Prevention

(1) The person placing the packaging on the market must ensure that the weight and volume of the packaging are as small as possible, while respecting the requirements laid down for the packaged product and maintaining its acceptability to the consumer or other end-user, in order to reduce the amount of packaging waste to be removed.

(2) Where the packaging for a particular product is made in accordance with harmonised Czech technical standards (7a), the requirements of paragraph 1 shall be deemed to be met.

(3) The plastic carry-on bag may be provided to the consumer at the point of sale of the products at least for reimbursement of costs corresponding to the cost of its acquisition. This does not apply if it is a very light plastic carry bag.

§ 4

Conditions for the placing on the market of packaging

(1) The person who places the packaging or the packaging on the market must ensure that:

(a) the concentration of substances listed in the List of previously classified hazardous chemical substances (8) in the packaging or packaging medium was in accordance with the limit values laid down by specific legislation, (9) due to the presence of these substances in emissions, ash or leaching in the case of incineration or landfilling of waste resulting from such packaging or packaging;

(b) the sum of the concentrations of lead, cadmium, mercury and chromium with the oxidizing number VI in the packaging or packaging product does not exceed 100 micrograms / g (hereinafter referred to as the limit value);

(c) the packaging or the packaging after use for which it was intended, after removal of the product or all its residues in the usual way, has been reusable or usable in a recycling, energy recovery or biodegradation process.

(2) If the packaging or packaging is made in accordance with harmonised Czech technical standards (7a), the requirements of paragraph 1 shall be deemed to be met.

(3) The limit value referred to in paragraph 1 (b) is not fixed for packaging and packaging products manufactured exclusively from lead crystal stock 9a.

(4) The excess limit value referred to in paragraph 1 (b) may be exceeded in glass packaging and packaging products if:

(a) during the manufacturing process, no lead, cadmium, mercury or chromium having an oxidative number VI is intentionally introduced into the packaging or packaging product; intentionally introduced for the purposes of this Act in accordance with European Union9b) means the process of intentionally using a substance to form a packaging or a packaging product so that the substance is present in a manufactured packaging or packaging product, bearing certain specific characteristics, appearance or quality of the packaging; the use of recycled materials for the manufacture of packaging or packaging materials in cases where a part of recycled materials may contain certain controlled quantities of heavy metals is not considered to be intentional introduction;

(b) the limit value is exceeded only as a result of the addition of recycled materials; and

(c) the manufacturer of the packaging or packaging device shall perform once a month measurements of the concentration of heavy metals in the production samples representing normal and regular production activity. These samples shall be taken from each individual melting unit. The measured concentration values of heavy metals shall be recorded and reported in the manner specified in Annex 5 to this Act.

(5) The excess limit value referred to in paragraph 1 (b) may be exceeded for plastic crates and plastic pallets if:

(a) no lead, cadmium, mercury or chromium with an oxidative number VI is intentionally introduced into such crates or pallets during the manufacturing process or during distribution;

(b) the limit value is exceeded only by the addition of recycled materials;

(c) the containers or pallets are produced by a recycling process into which only such recycled material is introduced which has been produced by recycling other plastic crates or pallets and the input of other material outside this recycling cycle is limited to the lowest permissible level and in no case exceeds 20% of the weight of the material used for the manufacture of such crates or pallets; and

(d) the material from which the crates or pallets are manufactured is visibly marked in accordance with European Union9c.

(6) The person placing on the market the disposable plastic packaging listed in Part A of Annex 4 to this Act shall only be obliged to place on the market such packaging by keeping the cap or cap made of plastic attached to the container for the period of use of the product for the intended purpose. A metal cap or plastic seal cap is not considered to be made of plastic.

§ 5

(1) The person who places the packaging on the market must:

(a) submit to the inspection authorities, upon request, the technical documentation necessary to demonstrate compliance with the obligations set out in paragraphs 3 and 4, with the information referred to in paragraph 2 (b) replacing, for inspection purposes, the documentation to demonstrate compliance with the obligations set out in paragraph 4,

(b) provide evidence to its customers that the packaging complies with the requirements set out in Sections 3 and 4.

(2) The person who places the device on the market shall:

(a) submit to the inspection authorities, on request, the technical documentation necessary to demonstrate compliance with the obligations laid down in Article 4;

(b) provide evidence to its customers that the packaging product complies with the requirements set out in Section 4.

§ 6

Labelling of packaging

Where the person placing the packaging on the market or putting it into circulation signs on the packaging the material from which the packaging is made, he shall carry out the marking in accordance with European Union9c).

§ 7

Reusable packaging

(1) A person who places on the market or puts into circulation products the packaging of which is reusable shall be required to take organisational, technical or financial measures corresponding to the criteria laid down in Annex 2 to this Act and which allow the re-use of packaging.

(2) The formalities for these measures and the method and procedure for re-use are laid down in the relevant harmonised Czech technical standard (7a).

§ 8

Returning packaging

A person who places on the market or puts into circulation products whose packaging is refundable shall be required to ensure that such packaging is re-used in accordance with point B.1 or B.2 of Annex 2 to this Act or the recovery of waste from such packaging pursuant to Section 12.

Reportable back-up packages

§ 9

(1) For the purposes of this Act, a refundable packaging which, as part of the measure provided for in Article 8, is charged a specific amount of money directly linked to the refundable packaging used for the sale of the product and the refund of which is guaranteed by the buyer on sale of the product after the return of such packaging or waste from that packaging, if it is a disposable packaging (hereinafter referred to as "advance payment").

(2) Persons are required to comply with the amount of the advance payment of repayable back-up packages provided for in the implementing legislation.

(3) The person who places the products on the market in back-up reusable packaging is required to designate those packages as back-up reusable packaging in a manner provided for in the implementing legislation.

(4) The person placing on the market or putting into circulation products in refundable back-up packages is obliged to purchase such packaging or waste from such packages, if the back-up disposable packaging is refundable, without limitation of the quantity and without binding such purchase for the purchase of the goods.

(5) The person placing on the market or putting into circulation products in back-up back-up packaging by sale to the consumer at the premises, (11) must ensure that such packaging or waste from such packaging, if it is for back-up disposable packaging, is purchased at that establishment throughout the operating period.

(6) The person placing on the market or putting into circulation products in back-up back-up packaging other than by selling to the consumer is required to inform the person who places the products on the market or puts them into circulation by selling to the consumer of the intended change in the type of back-up packaging or of the end of the buy-back of the back-up package or of the waste from the back-up disposable packaging at least 6 months before making the change or the end of the purchase; the purchase, during that period, of such repayable back-up packages or waste from such packages, if repayable back-up disposable packaging, must not be stopped.

(7) Where a person who has placed back-up packaging on the market or put into circulation has declared that he or she ceases to use the back-up packaging, he or she shall be obliged to purchase that back-up packaging or waste from such packaging, if it is a back-up disposable packaging, under the conditions applicable to the back-up packaging for at least 1 year after the last placing on the market or putting into circulation.

(8) The provisions of paragraphs 3 to 7 are without prejudice to the provisions of specific legislation. 6)

(9) The implementing act shall determine the amount of the advance for the selected types of back-up or back-up packages intended for the selected product types.

(10) A person who puts into circulation table beer, lager beer or lager in packages which are not back-up back-up packages shall be obliged to offer drinks belonging to those groups also in back-up back-ups, provided that they are marketed. This obligation shall not apply to persons putting those beverages into circulation on a sales space of less than 200 m2.

§ 9a

(1) The consumer is entitled to transfer the waste from the selected back-up disposable packaging to the collection site of the person who places the selected back-up disposable packaging on the market or put into circulation by sale to the consumer.

(2) The person referred to in paragraph 1 is not the producer of waste in relation to the waste taken over from the selected back-up disposable packaging and its premises need not be a waste facility.

(3) The implementing act shall establish the types of repayable disposable packaging as referred to in paragraph 1.

§ 10

Recovery

(1) If the person placing the packaging on the market or putting it into circulation does not demonstrate that such packaging has not become waste on the territory of the Czech Republic, he shall ensure that such packaging or waste is recovered from such packaging. Recovery shall be effected without payment for such recovery, subject to the conditions laid down in paragraphs 2 and 4. In doing so, it is obliged to take care of the sufficient frequency of collection points, their availability and sufficient coverage of the territory of the Czech Republic in view of the location of the settlements in the territory of the municipality. Availability means an adequate walking distance; This does not apply if the repayable back-up packaging is considered sufficient availability to be a purchase in an establishment where the repayable back-up packaging is sold to the consumer and purchased in accordance with Article 9 (4).

(2) The person placing the packaging on the market or putting it into circulation shall ensure that:

(a) the proportion of municipalities in whose territory it is obliged to carry out re-procurement through collection points in accordance with paragraph 1 was at least 90% of the total number of municipalities in the Czech Republic; and

(b) the proportion of residents living in municipalities in whose territory they are obliged to carry out re-procurement through collection points in accordance with paragraph 1 shall be at least 90% of the total population of the Czech Republic.

This obligation shall not apply to refundable back-up packages.

(3) When assessing compliance with the limits laid down by this Act in relation to the population of the Czech Republic, the number of municipalities and their population are based on the latest data published by the Czech Statistical Office.

(4) The collection sites for packaging waste forming the collection network of an authorised packaging company must be included in the municipal waste management system set up by the municipality (35), on the basis of a written contract with the municipality.

(5) The person placing on the market or putting into circulation the disposable plastic packaging listed in Part B of Annex 4 to this Act shall be required to achieve, in each calendar year, a minimum level of collection of waste from such packaging,

(a) from 1 January 2025 at least 77% of the weight of such packages placed on the market or put into circulation in a given calendar year; and

(b) from 1 January 2029, at least 90% of the weight of such packages which it has placed on the market or put into circulation in a given calendar year.

(6) The implementing act lays down rules for the calculation of the level of recovery of waste from disposable plastic packaging listed in Part B of Annex 4 thereto.

§ 10a

Reimbursement of costs for cleaning packaging waste

(1) The person placing on the market or putting into circulation disposable plastic packaging listed in Part C or D of Annex 4 to this Act is obliged to pay the municipalities, on the basis of a written contract, the costs incurred to clean up the waste from such disposable plastic packaging, which is disposed of outside the places for disposal and subsequent transport and treatment of such waste.

(2) The person placing on the market or putting into circulation the packaging referred to in paragraph 1 shall be obliged by contract to ensure that the share of the contracted municipalities to which the cost of cleaning the waste will be paid is at least 90% of the total number of municipalities in the Czech Republic and that the proportion of inhabitants living in these municipalities is at least 90% of the total population of the Czech Republic.

(3) The costs of cleaning the waste shall be borne by the person placing the packaging on the market or putting it into circulation in accordance with paragraph 1 in such a way as to reflect the actual costs of cleaning the waste and not to be set at a disproportionate level. The method of calculating the costs shall be published by that person on his website.

§ 11

Environmental activity

(1) Persons placing on the market or putting into circulation packaging by sale to the consumer are required to inform the consumer of:

(a) the method of ensuring the recovery pursuant to Article 10 (1);

(b) options for preventing waste from packaging;

(c) the role of consumers in contributing to the recovery and recovery of waste from packaging; and

(d) the negative effects of disposing of waste from packaging outside places intended to be placed on the environment.

(2) A person placing on the market or putting into circulation disposable plastic packaging listed in Part C or D of Annex 4 to this Act is required to inform consumers of the facts referred to in Section 9 (2) of the Act on the limitation of the environmental impact of selected plastic products.

(3) The person placing on the market or putting into circulation disposable plastic packaging listed in Part D of Annex 4 to this Act shall be obliged to act on a change in consumer behaviour in order to reduce the consumption of such packaging.

(4) The implementing legislation provides for a minimum scope and method

(a) informing the consumer in accordance with paragraphs 1 and 2; and

(b) the effect of changing consumer behaviour in accordance with paragraph 3.

§ 12

Use of packaging waste

(1) If the person placing the packaging on the market or putting it into circulation does not demonstrate that such packaging has not become waste on the territory of the Czech Republic, he shall ensure that packaging waste placed on the market or put into circulation is used to the extent specified in Annex 3 to this Act.

(2) (1) the obligation referred to in paragraph 1 shall apply at least to the extent specified in column B of Annex 3 to this law.

§ 12a

Compulsory content of recycled plastic in packaging

(1) The person placing on the market or putting into circulation disposable plastic packaging listed in Part B of Annex 4 to this Act shall ensure that:

(a) as from 1 January 2025, each disposable plastic packaging listed in Part B of Annex 4 to this Act, which is manufactured from polyethylene terephthalate as the main ingredient and which is placed on the market or put into circulation, contains at least 25% of recycled plastics; and

(b) as from 1 January 2030, each disposable plastic packaging listed in Part B of Annex 4 to this Act, which it places on the market or puts into circulation, contains at least 30% of recycled plastics.

(2) In the case of persons placing on the market or putting into circulation of disposable plastic packaging listed in Part B of Annex 4 to this Act who fulfil their obligations under § 10 to 12a in the manner provided for in § 13 (1) (c), the contained proportion of recycled plastics referred to in paragraph 1 shall be calculated as the average for the relevant authorised packaging company for all such packaging placed on the market or put into circulation for a given calendar year by those persons.

(3) A person placing on the market or putting into circulation disposable plastic packaging as referred to in paragraph 1, subject to the obligation to submit a registration application pursuant to Article 14 (1), shall report to the Ministry of the Environment the quantities of recycled plastic which he has used in such packaging by the submission of documents proving the content of recycled plastic in those packages placed on the market or put into circulation for the previous calendar year at the latest by 15 February of the following year. The notification shall be made by means of an integrated system of environmental reporting obligations or a data box of the Ministry of Environment intended to fulfil environmental reporting obligations under the Integrated Environmental Pollution Register Act and the Integrated Environmental Reporting System and amending certain laws.

§ 13

(1) The person who places the packaging on the market or puts it into circulation fulfils the obligations laid down in Sections 10 to 12a.

(a) separately organised and technically at its own expense;

(b) the transfer of such obligations to another person, together with the transfer of the right of ownership to the packaging to which they relate, for the purpose of further putting into circulation, provided that the transfer contract expressly provides for this; This does not apply in respect of the obligation under Paragraph 12a, unless the person to whom the obligations under Section 10 to 12 a are transferred by the transfer agreement fulfils those obligations in accordance with Section 13 (1) (c); or

(c) the conclusion of a contract to ensure compliance with the obligations set out in Articles 10 to 12a (hereinafter referred to as the "collective performance contract") with only one authorized packaging company (Article 16) in respect of all packaging placed on the market or put into circulation; This does not apply in respect of repayable back-up packages for which these obligations can also be fulfilled in accordance with Article 13 (1) (a) or through the conclusion of a mixed performance contract with an authorised packaging company providing the combined performance exclusively for repayable back-up packages.

(2) The person placing the packaging on the market or putting it into circulation by selling to the consumer shall not in any way affect the person placing the packaging on the market or putting it into circulation in the previous articles of the distribution chain which sells the packaging for resale ("the supplier ') in the choice of an authorised packaging company with which the supplier can conclude a contract for the combined supply.

(3) Where reusable packaging is placed on the market or put into circulation for which re-use is organised in accordance with points B.1 or B.2 of Annex 2 to this Act, it shall be understood that such packaging has been re-used if at least 70% by weight of such packaging newly placed on the market or put into circulation is reused.

§ 13a

Authorised representative

(1) If the person who places the packaging on the market or puts it into circulation is not established in the Czech Republic, he is entitled to appoint an authorised representative for the purpose of fulfilling the obligations laid down in this Act.

(2) An entrepreneur selling directly to consumers or other end-users in the Czech Republic from another country where he is established, disposable plastic packaging or packaging products listed in Part C or D of Annex 4 to this Act by means of means of communication (36), is obliged to appoint a representative to fulfil the obligations laid down in this Act.

(3) A person established in the Czech Republic who supplies disposable plastic packaging or packaging material listed in Part C or D of Annex 4 to this Act by means of means of distance communication 36) directly to consumers or other end-users in another Member State is required, in accordance with the laws of that Member State, to appoint his authorised representative to carry out the obligations arising from the legislation of that Member State in relation to such disposable plastic packaging or packaging.

(4) The authorised representative may be designated only under a written contract. The authorised representative referred to in paragraph 1 or 2 may only be a person authorised to do business established in the Czech Republic.

(5) The authorised representative referred to in paragraph 1 or 2 shall fulfil the obligations of the person placing the packaging on the market or putting it into circulation, with the exception of those referred to in paragraphs 3 to 6 of this Law.

§ 14

List of persons

(1) The person who places the packaging on the market or puts it into circulation and who carries a certain obligation set out in Sections 10 to 12 or in Section 12a (1) shall be required to submit an application for entry in the List of Persons (hereinafter referred to as "List") within the scope of paragraph 5.

(2) The person placing the packaging on the market or putting it into circulation shall not be required to submit an application for registration in the List if:

(a) an authorised representative is entered in the List; or

(b) the authorised representative has submitted an application for entry in the List on the basis of which he has not yet been entered in the List; This does not apply where a decision has been taken pursuant to Paragraph 14 (7).

(3) The authorised representative shall submit an application for entry in the List on his behalf instead of a person placing packaging on the market or putting it into circulation whose obligations under this Act are fulfilled.

(4) The application for registration in the List shall be submitted to the Ministry of the Environment no later than 60 days after the obligation under paragraph 1 has been established.

(a) in two paper copies and at the same time in electronic form on a technical medium; or

(b) in electronic form, signed in a manner to which the specific legislation links the effects of the handwritten signature 13a).

(5) The application for entry in the List contains:

(a) the name and surname, address of residence, place of business, identity number of the person (hereinafter referred to as "identification number"), if assigned, if any, to a natural person;

(b) a business firm or name, legal form, registered office, identification number, if assigned, if it is a legal person;

(c) identification details of a foreign person, where a request is made by his authorised representative, and the written mandate on the basis of which the authorised representative has been designated;

(d) a description of the readmission arrangements referred to in Article 10 (1);

(e) the way in which information activities are provided pursuant to Article 11;

(f) a description of the recovery of waste from packaging pursuant to Article 12;

(g) proof of payment of the registration fee (Section 30 (1)),

(h) the material from which the packaging which it places on the market or puts into circulation is made and whether it is intended for sale to the consumer.

(6) Where the applicant is a natural person residing or a legal person having its registered office outside the territory of the Czech Republic, he may submit the application referred to in paragraph 1 in English.

(7) If the application does not comply with the requirements laid down in paragraphs 4 and 5 or the particulars referred to in paragraph 5 (d), (e), (f) and (h) are not sufficient to assess whether the applicant is satisfied that the obligations laid down in this Law are fulfilled, the Ministry of the Environment shall invite the applicant to complete or specify the proposal within a time limit which it shall at the same time determine and which shall not be less than 30 days. It will also teach him how to do it. If the applicant does not complete or reject the proposal within the prescribed time limit, the Ministry of the Environment shall enter the List on the basis of the available data and if there is doubt as to whether the applicant is satisfied that the obligations laid down in this Act are fulfilled, the Ministry of the Environment shall invite the competent control authority to check. If the conditions laid down in this Act under which the authorised representative may be designated are not fulfilled, or if the applicant has not demonstrated the written mandate on the basis of which he was designated as the authorised representative, the Ministry of the Environment shall not enter the authorised representative in the List and take a decision thereon.

(8) The Ministry of the Environment shall record the applicant in the List within 30 days of the date of receipt of the application, which shall comply with all the requirements laid down in paragraphs 4 and 5 and which shall contain sufficient data to assess whether the applicant is satisfied that the obligations laid down by this Law are fulfilled and shall at the latest 14 days after the registration is carried out, notify the applicant of the implementation of that registration.

(9) The person entered in the List shall notify the Ministry of the Environment of any changes to the data submitted pursuant to paragraph 5 within 14 days of their implementation. Within the same period, it shall notify the Ministry of the Environment that the legal reasons for its management in the List have expired.

(10) The Ministry of the Environment shall, on the basis of the notification referred to in paragraph 9 or on the basis of its own findings, make an amendment to the listing or exclude from the List a person whose legal reasons for the listing management have ceased to exist. If changes are made to the Listing on the basis of its own findings or if changes are made to the Listing on the basis of a notification, it shall take a decision thereon. It shall also issue a decision to remove a person from the List on the basis of its own findings; That doesn't apply if it's the person who died or died.

(11) The list is a public list. Everyone has the right to access it or to make copies or extracts.

(12) The obligation referred to in paragraph 1 shall not apply to a person who:

(a) has a contract for the combined supply of all packaging which it places on the market or puts into circulation; or

(b) it places packaging on the market or put into circulation by sale to the consumer, provided that, in respect of all packaging placed on the market or put into circulation, another person clearly fulfils the obligations laid down in Sections 10 to 12 and 12a (1).

§ 14a

Proceedings in lists

(1) Issue of decisions pursuant to § 14 (7) and (10) is the first act in the proceedings.

(2) Only the applicant is a party to the decision-making procedure under Paragraph 14 (7). A party to a decision pursuant to Paragraph 14 (10) shall be the person concerned by the change or withdrawal from the List.

§ 15

Registration

(1) The person subject to the obligation to enter in the List under Paragraph 14 is obliged to:

(a) keep a continuous record of packaging and waste from packaging and how they are handled in accordance with the rules for calculating the recovery of packaging waste;

Date of Promulgation	31.12.2001
Effective from	01.01.2002
Effective until	-
Status	Valid

Act No. 477 / 2001 Coll.

Law on packaging and amending certain laws (Law on packaging)

Contents