Act No. 545 / 2020 Coll.
Act amending Act No. 477 / 2001 Coll., on Packaging and on the Amendment of Certain Acts (Law on Packaging), as amended
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Effective from 01.01.2021
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01.01.2021
23.12.2020
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545
THE LAW
of 1 December 2020
amending Act No. 477 / 2001 Coll., on Packaging and on the Amendment of Certain Acts (Law on Packaging), as amended
Parliament has decided on this law of the Czech Republic:
Act No. 477 / 2001 Coll., on Packs and amending certain laws (Packing Act), as amended by Act No. 274 / 2003 Coll., Act No. 94 / 2004 Coll., Act No. 237 / 2004 Coll., Act No. 257 / 2004 Coll., Act No. 444 / 2005 Coll., Act No. 66 / 2006 Coll., Act No. 296 / 2007 Coll., Act No. 149 / 2008 Coll., Act No. 183 / 2017 Coll., Act No. 126 / 2008 Coll., Act No. 62 / 2014 Coll., Act No. 64 / 2014 Coll., Act No. 243 / 2016 Coll.
1. In the second sentence of Article 1 (1), the words "and packaged products' are deleted.
2. At the end of footnote 2, the sentences are added to the separate rows
"Directive (EU) 2018 / 851 of the European Parliament and of the Council of 30 May 2018 amending Directive 2008 / 98 / EC on waste.
Directive (EU) 2018 / 852 of the European Parliament and of the Council of 30 May 2018 amending Directive 94 / 62 / EC on packaging and packaging waste. ';
3. Paragraph 1 (3), including footnote 4, reads:
"(3) Save as otherwise provided in this Act, the Waste Act (4) shall apply to waste management.
4) Act No. 541 / 2020 Coll., on Waste. '.
4. In Article 2 (c), the words "or packaged products' are deleted.
5. in Article 2 (d) and (f), the words "or packaged product" shall be deleted;
6. in Sections 2 (d) and (j), 10 (1), 12 (1), 14 (1), 36 (b) and 44 (2) (g) to (i), the words "or packaged products" shall be deleted;
7. in Article 2 (g):
"(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, '.
8. in Article 2, the following points (i) to (k) are inserted after point (h):
"(i) 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 internal container and an outer shell which is filled, stored, transported and emptied as such;
(j) 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;
(k) biodegradation of aerobic or anaerobic decomposition of packaging waste; an oxodegradable plastic packaging is not considered to be degradable by biodegradation, ';
Points (i) to (n) shall be renumbered as points (l) to (q).
9. In Section 2, at the end of point (q), the dot is replaced by a comma and the following points (r) and (s) are added:
"(r) 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, in determining the amount of the money contribution authorised by the packaging company to a single packaging company or group of similar packaging, paid by the person placing the packaging on the market or put into circulation in order to ensure compliance with the obligation to recover and recover packaging waste under this law;
(s) the place of collection of waste from packaging.
34) For example, Act No. 378 / 2007 Coll., on Medicines and on Amendments to Certain Related Acts (the Law on Medicines), as amended, Act No. 110 / 1997 Coll., on Food and Tobacco Products and on the Amendment and Addition of Certain Related Acts, as amended, Act No. 22 / 1997 Coll., on Technical Requirements for Products and on the Amendment and Addition of Certain Other Acts, as amended. "
10. in Paragraph 4 (1) of the introductory part of the provision, the words "packaged product" shall be deleted;
11. in Article 4 (1) (c):
"(c) after the use for which it was intended, after removal of the product or all of its residues in the usual manner, the packaging or packaging has been reusable or usable in a recycling, energy recovery or biodegradation process."
12. in Article 4, paragraph 2 is deleted;
Paragraphs 3 to 6 shall become paragraphs 2 to 5.
13. in Article 6, the words "or packaged product" and "or packaged product" shall be deleted;
14. In Paragraph 10 (1), the last sentence is replaced by the sentences: "In doing so, it must take particular care about the sufficient frequency of collection points, their availability and sufficient coverage of the territory of the Czech Republic, in particular with regard to the location of the seats in the municipality. Availability means an adequate walking distance; This is not the case 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). ';
15. In Article 10, the following paragraphs 2 to 4 are inserted after paragraph 1, including footnote 35:
"(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 points for packaging waste 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.
35) Article 59 of Act No. 541 / 2020 Coll., on Waste. '.
Paragraph 2 shall become paragraph 5.
16. In Article 10 (5), the word "products' is replaced by" packaging 'and at the end of the text of the paragraph, the words "the possibility of preventing the generation of waste from packaging and the negative consequences of the illegal disposal of packaging waste outside the places intended to put it on the environment' are added.
17. in Paragraph 13 (1) (c):
"(c) the conclusion of a contract to ensure compliance with the obligation to recover and recover packaging waste under this Act (hereinafter referred to as the" collective performance contract ") with only one authorized packaging company (Section 16) in respect of all packaging placed on the market or put into circulation by it; This shall not apply in respect of refundable back-up packages, for which these obligations may also be fulfilled in accordance with Article 13 (1) (a) or by concluding a joint delivery agreement with an authorized packaging company providing the combined supply exclusively for refundable back-up packaging. ';
18. In Paragraph 13, the following paragraph 2 is inserted after paragraph 1:
"(2) The person placing the packaging on the market or putting it into circulation by sale 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 selection of an authorised packaging company with which the supplier may conclude a contract for the combined supply.';
Paragraph 2 shall become paragraph 3.
19. in Article 13 (3), "55" is replaced by "70."
20. After Paragraph 13, the following Section 13a is inserted:
Authorised representative
(1) If the person who places the packaging on the market or put into circulation is not established in the Czech Republic, he is entitled to appoint an authorised representative on the basis of a written contract in order to fulfil the obligations laid down by this law.
(2) The authorised representative may only be a person authorised to do business established in the Czech Republic.
(3) The authorised representative fulfils the obligations of the person placing the packaging on the market or putting it into circulation, with the exception of the obligations set out in Sections 3 to 6 of this Act. "
21. in Paragraph 14 (1), "3" is replaced by "5."
22. In Paragraph 14, the following paragraphs 2 and 3 are inserted after paragraph 1:
"(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 in place of the person placing the packaging on the market or putting it into circulation whose obligations under this Act are fulfilled. "
Paragraphs 2 to 10 shall be renumbered paragraphs 4 to 12.
23. in Article 14 (5) (a), the words "and an officially certified copy of the business licence, such as a trade certificate, if it is a natural person; where a natural person is registered, also an extract from the commercial register of not more than 3 months old 'shall be replaced by" if it is a natural person'.
24. in Article 14 (5) (b), the words "and an extract from the Commercial Register not more than 3 months old, if it is a legal person and if it is entered in that Register," shall be replaced by "if it is a legal person."
25. in Article 14 (5), the following point (c) is inserted after point (b):
"(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;"
Points (c) to (g) shall be renumbered as points (d) to (h).
26. in Paragraph 14 (5) (e), "2" is replaced by "5."
27. In the first sentence of Article 14 (7), the words "2 and 3 or the particulars referred to in paragraph 3 (c), (d), (e) and (g) 'are replaced by the words" 4 and (5) or the particulars referred to in paragraph 5 (d), (e), (f) and (h)' and at the end of the paragraph the sentence "If the conditions laid down by this law under which the authorised representative may be designated can not be fulfilled and a decision has not been taken by the applicant in writing on the basis of which he has been designated as the authorised representative, the Ministry of the environment shall be added to the register. '.
28. In Paragraph 14 (8), "2 and 3 'is replaced by" 4 and 5';
29. in Paragraph 14 (9), "3" is replaced by "5."
30. In Paragraph 14 (10), the number "7 'is replaced by" 9' and at the end of the paragraph the sentence "If changes to the entry in the List are made on the basis of its own findings or if changes to the entry in the List are not made on the basis of a notification, it shall take a decision on that. It shall also issue a decision to remove a person from the List on the basis of its own findings; This does not apply if it is the person who died or died. '
31. after Paragraph 14, the following Section 14a is inserted:
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 exclusion from the List. ';
32. in Article 15 (1), the words "in accordance with the rules for calculating the recovery of waste from packaging" shall be added at the end of the text of point (a).
33.Paragraph 15 (3) reads as follows:
"(3) The records of packaging waste referred to in paragraph 1 (a) shall be kept from the producer of the waste to its recovery or to its exit from the sorting plant, provided that such output is delivered to the recovery process without significant losses. In the case of energy recovery or biodegradation, records shall be kept up to the waste facility where the waste has been recovered by the process of energy recovery or biodegradation. ';
34. In Article 15, the following paragraph 4 is added:
"(4) The implementing act shall specify the scope of keeping records referred to in paragraph 1 (a), the scope and manner of reporting the data from that register and the definition of the rules for calculating the recovery of waste from packaging. ';
35. in Paragraph 15a (1) (b), the amount "4 500 000 CZK" is replaced by "25 000 000 CZK."
36. In Article 16 (1), the first sentence is replaced by the following: "Authorised packaging company (hereinafter referred to as" authorised company ") is a public limited company which is entitled to operate under the authorisation decision under Article 17. '
37. Paragraph 16 (2), including footnote 14, is deleted and the designation of paragraph 1 is deleted.
38. In Article 17 (1), the words "and with the Ministry of Agriculture 'are deleted.
39. in Paragraph 17 (2), the second sentence is deleted;
40. In Paragraph 17 (3) of the Introductory Part of the provision, the words "and the share of voting rights, indicating the shareholders acting in agreement ', shall be inserted after the words" on the capital'.
41.In Paragraph 17 (3) (a):
"(a) the current version of the statutes of the public limited liability company, if they are not deposited in a collection of authentic instruments;"
42.In Article 17 (3), point (b) is deleted.
Points (c) to (e) shall be renumbered (b) to (d).
43. In Article 17 (3) (b), the text "§ 20 (4) and (9)" is replaced by "§ 20 (7) and § 20a (5)."
44. in Article 17 (3) (c), the words "or if there is no, the founding contract or the instrument of incorporation and the detailed information on the applicant's activities since its establishment" shall be replaced by "if it exists."
45. in Paragraph 17 (3) (d) (1), the words "the description of the collection network" shall be inserted after the words "including."
46. in Article 17 (3) (d) (4), the words "ensure recycling, energy recovery, organic recycling" shall be replaced by "ensure recovery by recycling, energy recovery, biodegradation."
47. in Article 17 (3) (d) (6), the words "the first year" shall be replaced by the words "the first 3 years," at the end of the point the dot shall be replaced by a semicolon and the words "such financial collateral shall be independent of the solvency of persons placing packaging on the market or putting it into circulation," shall be added;
48. In Article 17 (3), the following point 7 is added at the end of point (d):
'7. a detailed description of the functional mechanism to compensate for the costs of ensuring the recovery of waste from packaging at collection points, which the applicant will not have contracted until the date of attaining the shares referred to in Article 10 (2), and to ensure the recovery of waste from packaging, including proof of the functionality and reality of the implementation of the proposed mechanism. ';
49. In Article 17, the following paragraph 4 is inserted after paragraph 3:
"(4) An authorisation decision may be issued only if:
(a) by way of derogation from Paragraph 10 (2), the applicant shall have a contracted number of collection points to ensure that the proportion of residents living in the municipalities in whose territory the applicant will be obliged to carry out the recovery pursuant to Section 10 is at least 25% of the total population of the Czech Republic and that the proportion of municipalities in whose territory the applicant will be obliged to carry out the recovery is at least 25% of the total number of municipalities in the Czech Republic; This is not the case if the applicant's intention is to provide the combined supply exclusively for repayable back-up packages,
(b) by way of derogation from Paragraph 10 (2), an applicant whose intention is to provide the combined supply exclusively for repayable back-up packaging has contractually ensured the involvement of establishments where the repayable back-up packaging is sold to the consumer in the buy-back system referred to in Article 9 (4);
(c) the applicant shall consult with the authorized companies in accordance with the procedure laid down in Article 21c all the coordinated areas and conclude a written agreement between the applicant and the authorised companies; the coordinated areas in which there is no agreement within 9 months of the date of the opening of the negotiations shall be decided by the Ministry of the Environment, at the request of the applicant, the content of which shall be a proposal for the resolution of the coordinated areas in which there is no agreement between the applicant and the authorised companies, with the exception of the area of ecomodulation which the applicant is required to establish by taking over the manner in which the ecomodulation of the authorised companies is carried out, and shall provide evidence of such takeover to the Ministry of the environment,
(d) the statutes of the applicant, which is a public limited company with a monistic internal structure system, require that the Management Board have at least three members and that its management and control powers are distributed among the various members of the Management Board. "
Paragraphs 4 to 7 shall be renumbered paragraphs 5 to 8.
50. In the second sentence of Article 17 (5), "1, 4 or 9 'is replaced by" 4 or 7 or § 20a (5)' and at the end of the paragraph the sentence "An application for authorisation shall also be rejected if the applicant has not complied with the requirements laid down in Article 17 (4) '.
51. in Article 17 (6), the words "legal or natural person" shall be replaced by the words "person nor can it be transferred to another person."
52. in Article 17 (7) (a), the words "if allocated," shall be deleted;
53.In Article 17 (7) (d), "organic recycling" is replaced by "biodegradation."
54. In Paragraph 18 (3), the words "or the voting rights of an authorised company" shall be inserted after the words "on the capital of an authorized company."
55. In Paragraph 18, the following paragraphs 5 and 6 are inserted after paragraph 4:
"(5) The shares of an authorised company may only be transferred to a person who fulfils the requirements laid down in this Act.
(6) The shareholder of an authorised company must not be a shareholder of another authorised company. This shall also apply to persons controlling shareholders or persons controlled by the shareholder or its loved ones. '
Paragraph 5 shall become paragraph 7.
56. Paragraph 18 (7) reads:
"(7) In the event of non-compliance with the conditions set out in paragraphs 1 to 6, the Ministry of the Environment may decide to suspend the voting right of the share owner or the right to request the General Meeting to be convened. ';
57. In Article 19 (1), the words "or its member 'shall be inserted after the words" a statutory body authorised by a company' and the words "a statutory body or 'and" under the Commercial Code' shall be deleted.
58. In Article 19, the words "or trading in secondary raw materials' shall be added at the end of the text of paragraph 2.
59. The heading "Some restrictions on an authorized company 'is inserted above the designation of § 20.
60. Paragraph 20 reads:
(1) In addition to activities related to the provision of the combined supply, the authorised company shall not engage in activities other than advisory activities in the prevention of waste from packaging and labelling of packaging, or in advisory, research, information or promotion activities in the field of the recovery and recovery of packaging waste.
(2) An authorised company is entitled to conclude contracts for research or verification purposes with persons entitled to dispose of waste only if the conclusion of such a contract does not result in the advantage or disadvantage of the person entitled to dispose of waste in competition with the waste services market.
(3) Authorised companies must not engage in waste management or participate in any other person's business. Authorised company shall not trade in packaging waste or secondary raw materials derived from packaging waste, brokerage in packaging waste or secondary raw materials derived from packaging waste, or determine to whom persons who ensure the recovery and recovery of packaging waste or secondary raw materials derived from packaging waste are to be transferred.
(4) Authorised company may issue only shares with which no special rights are attached, and only shares which are registered. The share issue rate can only be paid in cash. An authorised company may not request the admission of its shares to trading on a regulated market.
(5) The authorised company must not distribute profits or other own resources. The decision taken in contravention does not give rise to legal effects.
(6) An Authorised Company must not reduce its capital for any purpose other than to pay the loss or to fulfil the obligations laid down by this Act and must not increase its capital in a conditional manner. Legal action which is contrary to this does not have legal effects.
(7) Authorised company must not be an unlimited liability partner. Furthermore, he may not be a member of the institutions or participate in the establishment or activity of another legal person, except in the case of a legal person associated with a similar subject of activity to that of an authorised company. Legal action which is contrary to this does not have legal effects.
(8) The authorised company must not, in any way, provide for the debts of other persons and must not, from the selected contributions, grant a gift, loan, loan or guarantee its debt. Legal action which is contrary to this does not have legal effects.
(9) The authorised company shall manage the money obtained from the contributions of persons placing packaging on the market or putting it into circulation and the proceeds thereof separately from any other funds and in such a way as to ensure that they are controlled.
(10) The authorised company must not engage in the activities of an authorised representative pursuant to Article 13a. "
61. The following Section 20a is inserted after Section 20, including footnotes 15 and 16:
(1) Authorised company may not hold a general meeting without submitting an extract of the issued shares to the Ministry of the Environment. This extract, taken on the day preceding the day of the general meeting, shall be submitted to the Ministry of the Environment on the same day it was issued. The Ministry of the Environment shall indicate in the shareholder statement those shareholders whose shareholder rights have been suspended pursuant to Paragraph 18 (7) and return the registered company's statement within 6 days of its receipt. If the Ministry of the Environment does not return the extract within that period, it shall not object to the exercise of the rights of participation and voting in the general meeting of shareholders mentioned in the extract. The Authorised Society shall transmit to the Ministry of the Environment the resolutions of each General Meeting within 30 days of the meeting.
(2) An Authorised Society may not allow a vote at a general meeting to a person not listed in the extract referred to in paragraph 1 and may not allow a vote at a general meeting or per roll decision to a person who has been suspended by the Ministry of the Environment by the voting rights of the owner of the shares or the right to ask for a general meeting to be convened pursuant to Paragraph 18 (7).
(3) An authorised company may not enter into any contract with a person having a special relationship to it pursuant to paragraph 4 other than a contract of collective execution, a contract of performance, a contract in which shares of an authorised company are subscribed or a contract for the grant of a premium to an authorised company. Another contract which is contrary to this does not produce legal effects.
(4) Persons having a special relationship with an authorised company shall be considered as:
(a) members of the Board of Directors, members of the Supervisory Board and employees of an authorised company appointed as the statutory body of the authorised company or its member;
(b) shareholders of an authorised company which is natural persons and members of statutory bodies of legal persons which are shareholders of an authorised company;
(c) persons close to 15) persons referred to in (a) or (b);
(d) legal persons in which one of the persons referred to in (a) or (b) has a share in the capital or voting rights exceeding 33%;
(e) shareholders of an authorised company which is legal persons and other companies controlled by them;
(f) employees of the Ministry of the Environment, the Ministry of Industry and Trade and employees of the organisational bodies of the State set up by these minister16).
(5) A legal person controlled by a shareholder or a person controlling one of the shareholders of an authorised company shall not enter into a contract other than a joint transaction or a contract in which shares of an authorised company are subscribed. Another contract which is contrary to this does not produce legal effects.
(6) The decision of the competent authority of the authorised company to cancel, convert, transfer, plant or stop the business or change the object of its business will not become effective unless it is approved by the Ministry of the Environment after consultation with the Ministry of Industry and Trade. The decision of the competent authority of the authorised company shall be revoked unless consent is given within six months of its adoption.
(7) The agreement of the Ministry of the Environment, after consultation with the Ministry of Industry and Trade, is required to ensure the effectiveness of the transfer, pacht or termination of the authorised company's business facility.
15) § 22 of Act No. 89 / 2012 Coll., Civil Code.
16) Act No. 219 / 2000 Coll., on the property of the Czech Republic and its representation in legal relations, as amended. "
62. Paragraph 21, including the title, reads:
Conditions for the provision of combined services
(1) The Authorised Company is obliged to:
(a) lay down the terms and conditions for the conclusion of a contract for collective transactions for all persons in a uniform manner and in such a way that no person or any type of packaging is unjustifiably disadvantaged in competition;
(b) to conclude a contract for a combined transaction with any person having an interest in the conclusion of the contract and having no outstanding debts to the authorized company; for the conclusion of a contract, the authorised company may not require any form of remuneration, except for registration and registration fees under Paragraph 30;
(c) conclude a contract with the person referred to in point (b) for all packages placed on the market or put into circulation by that person for which the authorisation decision authorises the provision of the combined supply; This does not apply in respect of refundable back-up packaging,
(d) with the exception of the combined supply provided exclusively for industrial packaging, to conclude a cooperation agreement with each municipality showing interest in the closure, ensuring the recovery and inclusion of the collection point in the municipal waste management system set up by the municipality (35), under conditions similar to those of other municipalities; the authorised company may not require any form of remuneration for the conclusion of the contract;
(e) ensure, in accordance with the authorisation decision, the recovery and recovery of waste from packaging covered by the combined performance contracts concluded by it in accordance with the conditions laid down by this law and in the authorisation decision;
(f) by way of derogation from Paragraph 10 (2), have contracted a number of collection points in order to:
1. within 6 months of the date on which the authorisation decision was taken, the proportion of residents living in the municipalities in whose territory the authorised company is obliged to carry out the recovery of the total population of the Czech Republic was at least 50%, and that the proportion of municipalities in whose territory the authorised company is obliged to carry out the recovery of the total number of municipalities in the Czech Republic was at least 50%, and
2. within 9 months of the date on which the authorisation decision was taken, the proportion of residents living in municipalities in whose territory the authorised company is obliged to carry out the recovery of the total population of the Czech Republic was at least 75%, and that the proportion of municipalities in whose territory the authorised company is obliged to carry out the recovery of the total number of municipalities in the Czech Republic was at least 75%;
(g) have contracted a number of collection points in order to reach within 12 months of the date on which the authorisation decision is taken, the shares provided for in Article 10 (2);
(h) to determine the level of municipal costs for the operation of the packaging waste recovery system for the different size groups of municipalities, taking into account the different levels of their costs; when more than one authorised company is operating in the Czech Republic, one authorized company determined in accordance with § 21c (3),
(i) to determine the proportion of packaging waste in sorted municipal waste; in the operation of several authorised companies in the Czech Republic, one authorised company is identified in accordance with § 21c (4),
(j) ensure that the amount of cash contributions paid by persons placing packaging on the market or putting into circulation in order to ensure the combined performance covers the costs of the recovery of packaging and packaging waste, their subsequent transport and processing, the achievement of the required recycling and total recovery of packaging waste under the authorisation decision, taking into account the economic value of materials derived from packaging waste and the outstanding advances pursuant to Article 9 (1), as well as the costs of providing information to customers and consumers pursuant to Article 10 (5), the costs of keeping records and reporting pursuant to Article 23 (1), the costs of creating a reserve pursuant to Article 21a and the normal administrative costs necessary to ensure the activities of an authorised company;
(k) carry out, on the basis of studies, in particular studies on life cycle assessment, ecomodulation in packaging or types of packaging for which this is possible, while the ecomodulation does not constitute an unjustified competitive disadvantage as referred to in (a); in the case of multiple authorised companies in the territory of the Czech Republic, the ecomodulation for each species or group of similar packaging must be carried out by all authorized companies in accordance with the conditions laid down by this Act or by a written contract pursuant to § 17 (4) (c) or § 21c (1) and any modification of the ecomodulation must be carried out in accordance with the procedure laid down in § 21c (5);
(l) ensure that the amount of cash contributions to be made to persons placing packaging on the market or putting it into circulation in order to ensure the combined performance does not exceed the cost-effective costs of providing waste services; These costs shall be distributed between municipalities and persons providing waste services in a manner that allows for control by the Ministry of the Environment,
(m) ensure that the monetary contributions linked to the costs of the combined supply charged to the person placing the packaging on the market or putting it into circulation for reusable packaging complying with the conditions of Paragraph 13 (3) are lower than the money contributions charged by the authorised company for the placing on the market or putting into circulation of packaging which is not reusable;
(n) publish on its website information on the ownership structure, indicating the shareholders' shares in the capital as a percentage, the names and surnames of the members of the bodies authorised by the company, the cash contribution tariffs associated with the provision of the combined transactions paid by persons placing packaging on the market or putting into circulation for a single packaging or weight unit of packaging placed on the market or put into circulation, and information on the conditions for the involvement of waste management operators in the combined performance system of the authorised company; the authorised company is obliged to update the published data no later than 30 days after the date of their amendment;
(o) publish, on its website, contracts concluded between it and persons with whom it has concluded a contract for a combined transaction, provided that such contracts are the subject of a communication with the consumer and that the contract includes a remuneration or discount for the combined transaction provided; an authorised company shall publish such contracts no later than 30 days after their conclusion.
(2) The Authorised Society shall send to the Ministry of the Environment a report on the fulfilment of the obligation laid down in paragraph 1 (l) for the previous calendar year drawn up by its supervisory authority no later than 6 months after the end of that calendar year.
(3) Authorised company must not disclose information on the quantities of packages placed on the market or put into circulation by individual persons with whom it has concluded a contract for collective transactions to third parties; This provision shall not apply to the communication of information to the competent administrative authority.
(4) In the event that the authorised company provides the combined services exclusively for refundable back-up packaging, it shall not be subject to the obligations set out in Sections 10 (2), 21 (1) (f) and (g) and 21b. ';
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Regulation Information
| Citation | Act No. 545 / 2020 Coll., amending Act No. 477 / 2001 Coll., on Packaging and on the Amendment of Certain Acts (Law on Packaging), as amended |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 23.12.2020 |
|---|---|
| Effective from | 01.01.2021 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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