Act No. 66 / 2006 Coll.
Act amending Act No. 477 / 2001 Coll., on Packaging and on the Amendment of Certain Acts (Law on Packaging), as amended
Valid
Effective from 15.03.2006
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66
THE LAW
of 1 February 2006
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 on the Amendment of Certain Acts (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. and Act No. 444 / 2005 Coll., is amended as follows:
1. At the end of footnote 2, the sentence "Directive 2004 / 12 / EC of the European Parliament and of the Council of 11 February 2004 amending Directive 94 / 62 / EC on packaging and packaging waste shall be added to the new line. '
2. In Paragraph 1 (2), the word "water 'is deleted.
3. in § 2 (a) (1) and § 2 (l), the word "consumer" shall be replaced by "sales."
4. In Section 2 (a), at the end of the text in point 3, the words "criteria and illustrative examples specifying the concept of packaging are set out in Annex 1 to this Act '.
5. In Article 2 (d), the words "the cross-border transport of packaging or packaged product from another Member State of the European Union to the Czech Republic or 'shall be inserted after the words" also considered'.
6. In Article 2 (e), the words "in the Czech Republic 'shall be inserted after the words" transmission of packaging'.
7. In Article 2 (f), the words "for the free circulation procedure 'are replaced by the words" from a State which is not a member of the European Union to the territory of the Czech Republic for the customs procedure for free circulation'.
8. In Article 3 (1), the words "or other end-user 'shall be inserted after the word" consumer'.
9. Paragraph 3 (2), including footnote 7a, reads as follows:
"(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.
7a) § 4a of Act No. 22 / 1997 Coll., on technical requirements for products and amending and supplementing certain laws, as amended. '
10. in Article 4 (1) (b):
"(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" limit value ");"
11. in Article 4 (3) and (4), including footnote 9a,
"(3) 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.
(4) The limit value referred to in paragraph 1 (b) is not fixed for packaging and packaging products manufactured exclusively from lead crystal stock 9a.
9a) Decree No. 379 / 2000 Coll., laying down the conditions for determining the different types of crystal glass, their characteristics and the methods of marking of crystal glass products. ';
12. In Article 4, paragraphs 5 and 6 are added, including footnotes 9b and 9c:
"(5) 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 Community law (9b) means the process of intentionally using a substance to form a packaging or a packaging product in such a way that it is present in a manufactured packaging or packaging product, bearing 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.
(6) 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 Community law 9c).
9b) Commission Decision 2001 / 171 / EC of 19 February 2001 laying down the conditions for a derogation for glass packaging relating to the levels of heavy metal concentrations laid down in Directive 94 / 62 / EC on packaging and packaging waste.
(c) Annexes I to VII to Commission Decision 97 / 129 / EC of 28 January 1997 establishing an identification system for packaging materials pursuant to Directive 94 / 62 / EC of the European Parliament and of the Council on packaging and packaging waste. ';
13.
Labelling of packaging
Where the person who places the packaging or the packaged product on the market or puts it into circulation indicates on that packaging or packaged product the material from which the packaging is made, he shall carry out such marking in accordance with European Community law 9c. ';
14. in Paragraph 7 (2):
"(2) The formalities for such measures and the method and procedure for re-use are laid down in the relevant harmonised Czech technical standard (7a)."
15. In Paragraph 10 (1), the first sentence is replaced by the following: "If a person who places packaging or packaged products on the market or puts into circulation does not prove that such packaging has not become waste on the territory of the Czech Republic, he shall ensure the recovery of such packaging or waste from such packaging."
16. In the second sentence of Paragraph 10 (1), the words "directly from the consumer 'are deleted.
17. in Paragraph 12 (1):
"(1) If the person placing on the market or putting into circulation packaging or packaged products does not demonstrate that such packaging has not become waste on the territory of the Czech Republic, he shall ensure that waste from packaging placed on the market or put into circulation is used to the extent specified in Annex 3 to this Act. '
18. In Paragraph 14 (1), "a 'is replaced by" or'.
19. Paragraph 14 (2), including footnote 13a, reads as follows:
"(2) 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 marked with an electronic mark based on a qualified system certificate issued by an accredited certification service provider or signed by a recognised electronic signature in accordance with a special legislature13a).
13a) Act No. 227 / 2000 Coll., on Electronic Signature, as amended. '
20. In Section 14 of the introductory part of the provisions of paragraph 3, the words "and to this proposal is attached 'are deleted.
21. in Article 14 (3) (g), the words "or put into circulation" shall be inserted after the words "on the market."
22. in Article 14 (5) and (6):
"(5) If the application does not comply with the requirements laid down in paragraphs 2 and 3 or the particulars referred to in paragraph 3 (c), (d), (e) and (g) 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.
(6) The Ministry of the Environment shall enter the applicant in the List within 30 days of the date of receipt of the proposal, which shall comply with all the requirements laid down in paragraphs 2 and 3 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 same time notify the applicant of the implementation of that registration within 14 days of the date of the application. ';
23. in Article 15 (1) (a) to (c):
"(a) keep a continuous record of packaging and waste from packaging and of handling operations;
(b) to report data from this register for the previous calendar year by 15 February of the following year at the latest to the Ministry of the Environment;
(c) demonstrate, at the request of the Ministry of the Environment or the Czech Environmental Inspection, the trueness of the data kept and reported under (a) and (b). "
24. in Article 15 (1), the dot is replaced by a comma at the end of point (c) and the following point (d) is added:
"(d) keep documents containing the data kept in that register and reported from that register for at least five years.";
25. in Article 15 (2), "(a)" is replaced by "(b)";
26. The following Section 15a is inserted after Section 15:
(1) Persons who place packaging on the market or put into circulation need not comply with the obligations set out in Sections 10 to 15 if they fulfil the condition that:
(a) the total quantity of packages placed on the market or put into circulation for a calendar year shall not exceed 300 kg, and
(b) their annual turnover shall not exceed CZK 4,500,000.
(2) A person making use of the derogation provided for in paragraph 1 shall be required to ensure compliance with the obligations set out in paragraphs 10 to 15 immediately after it becomes clear that the conditions laid down in paragraph 1 will not be met in a given calendar year.
(3) A person making use of the exemptions provided for in paragraph 1 must, upon request, demonstrate compliance with the conditions set out in paragraph 1 to the inspection authorities referred to in Section 31.
(4) A person who does not demonstrate compliance with the conditions referred to in paragraph 1 for a specific period shall be regarded as having all the obligations set out in paragraphs 10 to 15 during that period. ';
27. in Article 16 (1), the words "based in the Czech Republic" are deleted.
28. In Article 17, at the end of paragraph 4, the words "or if the combined performance project does not provide sufficient guarantees that the combined performance will be properly and sufficiently long-term, that the combined performance project is sufficiently financially secured and that it will not jeopardise the performance of the recovery and recovery obligations undertaken by other persons pursuant to Article 13 (1) 'shall be added.
29. in Article 30 (1), "2000" is replaced by "800," the word "calendar" is inserted after the word "following," and "31 December of the current year at the latest" is replaced by "15 February of the following year at the latest";
30. Paragraph 30 (2) reads:
"(2) The applicant pays a registration fee of CZK 2,000 for the authorisation decision pursuant to § 17. In each subsequent calendar year, an authorized company shall pay a registration fee of CZK 800 for each person with whom the authorised company has a contract for the combined performance for at least part of the calendar year, for the previous calendar year at the latest by 15 February of the following year."
31st Paragraph 30 (3) reads:
"(3) The authorised company shall not be obliged to pay the registration fee referred to in paragraph 2 for a person with whom it has only had a mixed transaction for part of a calendar year, provided that that person has placed less than 300 kg of packaging on the market or put into circulation for that part of the calendar year. ';
32. in Sections 38 and 39, the word "consumer" shall be deleted;
33. Paragraph 41, including the title, reads:
Customs
Customs authorities are entitled to check whether packaging or packaged products imported into the Czech Republic or transported from Member States of the European Union to the Czech Republic comply with the requirements of this Act. In case of doubt as to whether the conditions of this Act are fulfilled, the customs authorities shall release the goods to the appropriate customs procedure or to further transport and handling, invite the competent inspection authority to check and at the same time inform the Ministry of the Environment of this call. The checks shall be carried out in accordance with specific legislation7. ';
Article 44 to 46, including the title and footnote 29, read:
"Administrative offences of legal and business natural persons
(1) A legal or legal person commits an administrative offence by carrying out an activity for which authorisation is required pursuant to Paragraph 17, without such authorisation, or by offering to third parties, without authorisation, the content of which is the activity for which authorisation is required.
(2) A natural person, whether legal or legal, commits an administrative offence by:
(a) as the person who places the packaging on the market, infringes the obligation laid down in Article 3;
(b) as a person who places on the market packaging, packaged product or packaging material, does not provide for any of the conditions of placing on the market of packaging, packaged products or packaging products in accordance with Article 4;
(c) as a person who places the packaging on the market, does not submit to the inspection authority, on request, the technical documentation referred to in Article 5 (1) (a), or provide evidence to his customers in accordance with Article 5 (1) (b);
(d) as a person who places a means of packaging on the market, does not, on request, submit to the inspection authority the technical documentation referred to in Article 5 (2) (a) or inform his customers as evidenced in accordance with Article 5 (2) (b);
(e) as a person who places on the market or puts into circulation products the packaging of which is reusable or refundable, shall not take measures to permit the re-use of reusable packaging pursuant to Article 7 or to ensure that reusable packaging or recovery of waste from such packaging pursuant to Article 8;
(f) as a person referred to in Section 9, infringes one of the obligations relating to repayable back-up packages under Section 9;
(g) as a person who places on the market or puts into circulation packaging or packaged products, does not ensure the recovery of such packaging or waste from such packaging pursuant to Article 10 (1);
(h) as a person who places packaging or packaged products on the market or put into circulation, does not ensure recovery of packaging waste pursuant to Article 12;
(i) as a person who places on the market or puts into circulation packaging or packaged products, infringes the obligation to submit an application for entry in the List pursuant to Article 14 (1);
(j) as a person entered in the List fails to comply with the obligation to notify changes to data pursuant to Paragraph 14 (7); or
(k) as a person subject to the obligation to register in the List, infringes one of the registration obligations under Paragraph 15.
(3) An authorised company commits an administrative offence by:
(a) fails to comply with any of the conditions of authorisation laid down in the authorisation decision under Article 17 (6) (c) to (f);
(b) infringes the restrictions on the treatment of shares provided for in Article 20 (1);
(c) infringes the prohibition on the distribution of profits among shareholders pursuant to Paragraph 20 (2);
(d) infringes the prohibition to reduce or increase its capital pursuant to Paragraph 20 (3);
(e) infringes the prohibition to participate in the authorities or business of another legal person pursuant to Article 20 (4);
(f) infringes the prohibition to hold a general meeting without submitting an extract from the register of the issuer of the listed shares pursuant to Article 20 (5);
(g) in contravention of Paragraph 20 (6), allow participation in the general meeting of a person who has been suspended by the Ministry of the Environment by shareholder rights or a person who has not been included in the issue statement;
(h) infringes the prohibition on the conclusion of a contract, to ensure obligations or to transfer property free of charge pursuant to Paragraph 20 (7);
(i) infringes the prohibition to conclude a contract under Paragraph 20 (9);
j) does not seek the consent of the Ministry of the Environment to issue an order to the General Assembly in the cases referred to in Paragraph 20 (10);
(k) lay down the conditions for the conclusion of a contract for collective transactions in breach of Article 21 (1) (a);
(l) infringes the obligation to conclude a contract under Paragraph 21 (1) (b) or (c);
(m) infringes the prohibition on disclosure to third parties pursuant to Article 21 (2);
n) conclude a contract with the municipality in breach of § 21 (3) or refuse to conclude a contract with the municipality in breach of § 21 (3);
(o) infringes the prohibition on the pursuit of activities under Paragraph 22;
(p) infringes the obligation to maintain and report the records of persons with whom he has concluded a contract for the combined supply or registration of the quantities of packaging and packaging waste and the manner in which they are recovered, or to ensure, by means of an auditor, the verification of the keeping of such records, the quantity of packaging and packaging waste and the manner in which they are recovered in accordance with Article 23 (1); or
(q) it shall not publish the economic results referred to in Article 23 (3).
(4) An authorised company or legal person or an undertaking, as a person who places products on the market or puts them into circulation by selling to the consumer, commits an administrative offence by failing to comply with the obligation to inform customers and consumers pursuant to Article 10 (2).
A fine shall be imposed for the administrative offence referred to in Article 44:
(a) up to CZK 500,000 if it is an administrative offence under paragraph 2 (a), (c) to (f) and (i) and (j) or under paragraph 4;
(b) up to CZK 1 000 000, if it is an administrative offence referred to in paragraph 2 (k),
(c) up to 10 000 000 CZK if the administrative offence referred to in paragraph 1, paragraph 2 (b), (g) or (h) or paragraph 3 (a) to (q) applies.
(1) The legal person shall not be liable for an administrative offence if he proves that he has made every effort to prevent an infringement. Where an administrative offence is committed pursuant to Article 44 (2) (g) and (h), a legal person shall be exempt from liability if the infringement takes place within 3 months of the date on which the authorised company with which the legal or business natural person has entered into a contract for the joint fulfilment of obligations laid down in Article 10 (1) or Article 12 has ceased to be authorised.
(2) In determining the amount of the fine to a legal person, account shall be taken of the seriousness of the administrative offence, in particular the manner in which it was committed and the consequences thereof and the circumstances in which it was committed.
(3) The liability of a legal person for an administrative offence shall cease if the administrative authority has not initiated proceedings against him within 1 year of the date on which he became aware of it, but no later than 3 years from the date on which he was committed.
(4) Administrative offences under this Act are discussed at first instance by the Regional Sanitary Station, the Czech Trade Inspection, the State Agricultural and Food Inspection, the State Institute for Drug Control, the Institute for State Control of Veterinary Bioprafts and Drugs or the Czech Environmental Inspection, within the scope of its scope defined in § 35 to 40. Where there is more than one administrative authority, according to the scope of its competence to deal with an administrative offence, the administrative offence shall be dealt with by the competent administrative authority which first initiated the proceedings. The administrative authority which initiates proceedings shall inform all administrative authorities responsible for dealing with administrative offences under this law.
(5) The provisions of this Act on liability and sanctions of a legal person are applicable to liability for acts which have taken place in the course of or directly related to the business of a natural person (29).
(6) The fine shall be payable within 30 days of the date on which the decision to impose it became final.
(7) The fines shall be collected by the authority which imposed them and enforced by the customs office.
(8) The revenue from the fines is the revenue from the budget from which the activity of the body which imposed the fine is covered, with the exception of the fines imposed by the Czech Environmental Inspection Office, which is the income of the State Environmental Fund.
29) § 2 (2) of the Commercial Code. '
35. in Article 49, the words "and Article 32 (m)" shall be inserted after the words "Paragraph 14."
36. Paragraph 50 (3) is deleted.
Paragraph 4 shall become paragraph 3.
37.
"Annex No 1 to Act No. 477 / 2001 Coll.
Criteria and examples specifying the concept of packaging
Criterion 1
A product which meets the definition of packaging referred to in Section 2 (a) and which also fulfils or can fulfil a function other than that of packaging shall be considered as packaging only if:
(a) is not an integral part of another product;
(b) it is not necessary for it to close, carry or store the product for its lifetime; and
(c) all parts are not intended to be used together, consumed or removed.
Indicative examples illustrating the application of criterion 1
Packaging
Candy boxes
Film cover around CD case
Non-packaging product
Florist intended for the whole life of plants
Cases, cases and cases for tools
Tea bags
Wax layers on cheese
Syringe of sausages
Criterion 2
Articles designed and intended to be filled at the point of sale shall be considered as packaging if they function as packaging.
Indicative examples illustrating the application of criterion 2
Packaging
Sacks and bags, of paper or plastic
Disposable plates and cups
Adhesive film
Sandbags
Aluminium foil
Non-packaging products
Mixing device
Disposable cutlery
Criterion 3
Auxiliary elements which are suspended directly on the product or are attached to the product and fulfil the function of the packaging shall be considered as packaging only if:
(a) are not an integral part of this product; and
(b) if all parts are not intended to be used together or removed.
Indicative examples illustrating the application of criterion 3
Packaging
Labels, labels and tags which are directly suspended on or attached to the product
Packaging components and auxiliary elements included in the packaging which are considered as parts of the packaging in which they are incorporated
A mascara brush which is part of the mascara cap
Self-adhesive labels which are applied to another part of the packaging
Clasps, clips, clamps
Plastic shrink labels
The dispenser, which is part of the container cap with cleaning agents. '
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Regulation Information
| Citation | Act No. 66 / 2006 Coll., amending Act No. 477 / 2001 Coll., on Packaging and on the Amendment of Certain Acts (Law on Packaging), as amended |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 15.03.2006 |
|---|---|
| Effective from | 15.03.2006 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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