Act No. 7 / 2005 Coll.
Act amending Act No. 185 / 2001 Coll., on Waste and on the amendment of certain other laws, as amended
Valid
Effective from 06.01.2005
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7
THE LAW
of 16 December 2004
amending Act No. 185 / 2001 Coll., on waste and amending certain other laws, as amended
Parliament has decided on this law of the Czech Republic:
Act No. 185 / 2001 Coll., on waste and amending certain other laws, as amended by Act No. 477 / 2001 Coll., Act No. 76 / 2002 Coll., Act No. 275 / 2002 Coll., Act No. 320 / 2002 Coll., Act No. 356 / 2003 Coll., Act No. 167 / 2004 Coll., Act No. 188 / 2004 Coll. and Act No. 317 / 2004 Coll., is amended as follows:
1. in Article 2 (1) (i), the words "on the agricultural land fund" shall be inserted after the words "for their use."
2. In Article 2 (3), the words "the details of the use and 'shall be inserted after the words" by decree'.
3. In the first sentence of Article 7 (6) and (7), the words "or whose competence has been recognised under special legislation 13a 'shall be inserted after the words" competence'.
Footnote 13a) reads as follows:
"13a) Act No. 18 / 2004 Coll., on the recognition of professional qualifications and other qualifications of nationals of Member States of the European Union and amending certain laws (Act on the Recognition of Professional Qualifications), as amended."
4. In Article 7, the following paragraphs 10 and 11 are inserted after paragraph 9:
"(10) The authorisation referred to in paragraph 2 shall not be required for a person established in another Member State of the European Union and within the territory of the Czech Republic to carry out the activities referred to in paragraph 2 on a temporary or isolated basis if he demonstrates that:
(a) is a national of a Member State of the European Union; and
(b) be entitled to carry out the activities referred to in paragraph 2 under the legislation of another Member State of the European Union.
(11) Evidence of compliance under paragraph 10 (a) and (b) shall be submitted to the Ministry of Health or to the Ministry of Health before the start of the activities listed in paragraph 2. Paragraph 9 shall apply mutatis mutandis to the activities of this person. '
Paragraph 10 shall become paragraph 12.
5. In the last sentence of Article 16 (4), the words "except for the obligations referred to in points (i) and (j) of paragraph 1 'are replaced by the words" in accordance with paragraph 1, except for points (i) and (j)'.
6. In Article 19, the following paragraph 3 is added:
"(3) The Ministry shall lay down technical requirements and conditions for the use of waste on the terrain surface (e.g. for landscaping, reclamation) by implementing legislation."
7. In Paragraph 25 (1), the dot at the end of point (g) is replaced by a comma and the following point (h) is added:
"(h) electrical and electronic equipment."
8. in Article 26 (d), the words "equipment which may contain PCBs' are replaced by the words" equipment which may contain PCBs and which are subject to registration ';
9. In Article 27 (1), the words "and subject to registration and to facilities which may contain PCBs and which are subject to registration 'are inserted after the words" equipment containing PCBs' and the first sentence is deleted and the words "unless it proves that the equipment does not contain PCBs' are added.
10. in § 36 (e) and (f), in § 37 (7) (a) and in § 37e (3), the word "part" is replaced by "part"; in § 37 (7) (b), the word "parts" is replaced by "parts."
11. in Paragraph 37 (3), the words "transfer after the expiry of 2 months of the municipal office" shall be replaced by the words "transfer after 2 months of the date on which he became aware of this fact."
12. in Paragraph 37 (7) (c), the word "car racing" is replaced by the word "vehicles."
13. in Paragraph 37 (8), "(a)" shall be replaced by "(b)";
14. the following footnote 31e is inserted after Article 37a:
"31e) § 2 (10) of Act No. 56 / 2001 Coll., on the Conditions for the Operation of Vehicles on the Road and amending Act No. 168 / 1999 Coll., as amended by Act No. 103 / 2004 Coll. '.
15. in Article 37c (2), the words "parts and" shall be deleted;
16. Article 37d, including the title, is deleted.
17. in Article 37e, the footnotes and references to them Nos 31e to 31j shall be renumbered as footnotes and references to them Nos 31g to 31l).
18. In Part Four, Title II, Part 8 is added after Part 7, which includes the title and footnotes Nos 31m to 31t:
Electrical and electronic equipment
(1) The provisions of this Part of the Act, in accordance with the law of the European Community31m, lay down the obligations of manufacturers, the last sellers and distributors of electrical and electronic equipment belonging to the groups listed in Annex 7 to this Act, unless it is part of another type of equipment not covered by that Part of the Act and the obligations of processors of such electrical and electronic equipment that has become waste.
(2) The Ministry sets out by implementing legislation a list of products falling within the groups of electrical and electronic equipment listed in Annex 7 to this Act.
Basic concepts
For the purposes of this Part of the Act:
(a) electrical or electronic equipment (hereinafter referred to as "electrical equipment") - equipment the function of which depends on the electrical current or on the electromagnetic field or equipment for the production, transmission and measurement of electrical current or electromagnetic field belonging to one of the groups listed in Annex 7 to this Act and which is intended for use at a voltage not exceeding 1000 V for AC and 1500 V for DC, except for equipment intended exclusively for the defence of the State;
(b) electrical waste - electrical equipment which has become waste, including components, components and consumables, which are part of the installation at that time;
(c) re-use - use of the electrical equipment or components of such electrical equipment withdrawn or taken separately without further processing for the same purpose for which they were originally intended,
(d) the treatment of electrical waste - any operation carried out after taking over electrical waste to an electrical waste treatment facility for the purpose of decontamination, dismantling, crushing, recovery or preparation for disposal or any other activity carried out with a view to the recovery or disposal of electrical waste;
(e) manufacturer - natural or legal person authorised to do business, who, regardless of the method of sale, including the use of means of communication for distance 31n)
1. produces and sells electrical equipment under its own brand; or
2. sells under its own brand of electrical equipment manufactured by other suppliers, unless the mark of the person referred to in point 1 appears on the device; or
3. in the course of its business, it imports electrical equipment into the Czech Republic, or it places such electrical equipment on the market in the Czech Republic,
(f) electrical equipment of domestic origin - used electrical equipment of domestic origin or by its nature and quantity similar to electrical waste by legal persons and natural persons authorised to do business,
(g) the withdrawal of electrical equipment - the removal from consumers of used electrical equipment originating from households without a right to payment on the spot by the manufacturer,
(h) separate collection of electrical waste - collection of used electrical equipment not from households from end-users on the spot to which specified by the manufacturer.
Basic obligations of electrical equipment manufacturers
(1) The manufacturer fulfils the obligations laid down for separate collection, recovery, treatment, recovery and disposal of electrical equipment and electrical waste
(a) separately, organisationally and technically at its own expense;
(b) together with another manufacturer or manufacturer on the basis of a contract concluded in writing; the contracting parties are responsible for carrying out the obligations laid down in this part of the Act in solidarity;
(c) the transfer of these obligations to another legal person, ensuring the joint fulfilment of the obligations of manufacturers under this Part of the Act; the responsibility of manufacturers for carrying out the obligations laid down in this Part of the Act, if the legal person fails to fulfil the obligations, shall not cease.
(2) The manufacturer shall draw up the annual report on compliance with the obligations referred to in paragraph 1 for the previous calendar year (hereinafter referred to as "the annual report ') and send it to the Ministry by 31 March each year. Where a manufacturer fulfils the obligations referred to in paragraph 1 together with another manufacturer, he may draw up a joint annual report with him. In the case referred to in paragraph 1 (c), the annual report shall be processed by the relevant legal person. This annual report replaces the annual report pursuant to Paragraph 38 (10).
(3) The Ministry shall lay down the implementing act specifying the conditions for the various arrangements for fulfilling the obligations of manufacturers referred to in paragraph 1 and the content of the annual report referred to in paragraph 2.
List of electrical equipment manufacturers
(1) An electrical equipment manufacturer subject to obligations under this Part of the Act is required to submit a proposal for registration in the List of Manufacturers of Electrical Equipment (hereinafter referred to as the List) within the scope of paragraph 3.
(2) The application for registration in the List shall be submitted by the manufacturer to the Ministry for a decision in duplicate and on the technical medium of the data, no later than 60 days after the obligation under paragraph 1 has been established.
(3) The application for entry in the List contains:
(a) the name and surname or business name, the address of the place of permanent residence, the place of business, the identification number, if any, and an officially certified copy of the business authorisation, such as the business register, if any; where the natural person is registered, also an extract from the commercial register not earlier than 3 months;
(b) a commercial firm, legal form, address of the registered office, identification number, if any, and an extract from the commercial register not more than 3 months old, if it is a legal person and if it is registered in that register,
(c) the list and description of the electrical equipment;
(d) the manner in which the obligations laid down in this Part of the Act are fulfilled;
(e) the way in which the financing is provided pursuant to § 37n and 37o and the documents relating thereto.
(4) The person entered in the List shall notify the Ministry of any changes to the data submitted pursuant to paragraph 3 within 14 days of their implementation. Within the same period, it shall notify the Ministry that the reasons for its management in the List have ceased to exist.
(5) The Ministry will, on the basis of a notification or its own findings, make a change to the listing or to the person for whom the statutory management reasons in the List have ceased to exist.
(6) The list is publicly available. The Ministry will make the List available on the Public Administration Portal.
(7) For the purposes of entry in the List, the Ministry shall lay down detailed rules for the implementation of the obligations and for the provision of financing pursuant to paragraph 3 (d) and (e).
Placing on the market of electrical equipment
(1) The manufacturer of electrical equipment shall ensure that electrical equipment is designed and manufactured in such a way as to facilitate dismantling and recovery, in particular the reuse of such electrical equipment and the material recovery of electrical waste, its components and materials in accordance with environmental and public health legislation. 31o)
(2) After 13 August 2005, the manufacturer of electrical equipment referred to in the market 31p will ensure that the marking of the electrical equipment shows that it was placed on the market after that date and it is possible to identify the manufacturer to whom the obligations under this part of the Act apply.
(3) The manufacturer of electrical equipment belonging to groups 1 to 7 or 10 of Annex 7 to this Act, including electrical equipment intended solely for defence purposes of the State, and the manufacturer of electric filament lamps or lamps intended for use in households, shall ensure that, when placed on the market after 30 June 2006, the electrical equipment does not contain lead, mercury, cadmium, hexavalent chromium, polybrominated biphenyls (PBBB) and polybrominated diphenylethers (PBDE), unless:
(a) the use of substances as listed in the implementing legislation; or
(b) spare parts intended for the repair or reuse of electrical equipment placed on the market before 1 July 2006.
(4) In the course of its business, those who sell electrical equipment not from producers registered in the List pursuant to § 37i are liable to the manufacturer for the performance of his obligations laid down in this part of the Act.
(5) The Ministry shall lay down, by means of implementing legislation, the means of marking the electrical equipment referred to in paragraph 2 and a list of substances not covered by the provisions of Paragraph 37j (3) under the conditions laid down by the Decree.
Recovery of electrical equipment and separate collection of electrical waste
(1) The manufacturer of electrical equipment shall ensure that electrical equipment originating from households is recovered. For electrical waste not originating in the household, the manufacturer of the electrical equipment shall ensure separate collection.
(2) The manufacturer of electrical equipment for the purpose of the recovery of electrical equipment and the separate collection of electrical waste shall mark the electrical equipment with a graphic symbol. If it is not possible to mark the electrical equipment in such a way, due to its size or function, the graphic symbol shall be marked with the packaging or instructions for use or the warranty sheet of the electrical equipment.
(3) The manufacturer shall, via distribution31p, ensure that the end-user is informed of the method of carrying out the separate collection. The distributor shall inform the end-user of the method of ensuring separate collection when selling the electrical equipment.
(4) The last retailer will ensure that 31r) when buying electrical equipment, the consumer has the possibility to hand back used electrical equipment at the point of sale or supply of new electrical equipment in the same number of pieces of electrical equipment sold of a similar type and use.
(5) Dispose of electrical waste or electrical equipment originating from households shall be allowed only by transmission to the processor pursuant to § 37l or to the point of collection or separate collection. Electrical equipment from the collection points and electrical waste from the separate collection points must be transmitted only to the processor according to § 37l, unless the electrical equipment as a whole is reused.
(6) The method of re-collection of electrical equipment and separate collection of electrical waste and their transmission to the processor shall not make it difficult to reuse or material recovery of electrical equipment or components thereof, or material recovery of electrical waste.
(7) The Ministry lays down, by means of implementing legislation, a design of the graphic symbol for the marking of electrical equipment for the purpose of the recovery of electrical equipment and the separate collection of electrical waste.
Treatment of electrical waste
(1) The electrical equipment manufacturer shall establish a system for the treatment of electrical waste using the best available technics31s) its processing, use and material use.
(2) The manufacturer of electrical equipment shall provide electrical waste processors with all the information necessary for its processing, in particular information on the hazardous substances contained, the possibilities for re-use of electrical equipment and the material recovery of electrical waste, and, where appropriate, the method of disposal. This information shall be provided by the electrical equipment manufacturer for each type of new electrical equipment within one year of the date of placing the product on the market. The information shall be provided in instructions for use or on a technical medium or means of remote communication.
(3) The electrical waste processor is obliged to:
(a) operate electrical waste facilities in accordance with its operating rules and fulfil other obligations of the authorised person;
(b) preferably remove from electrical waste all substances and components provided for in the implementing legislation;
(c) to store and process electrical waste in accordance with the technical requirements laid down in the implementing legislation;
(d) ensure the recovery of electrical waste in accordance with § 37m;
(e) keep, to the extent provided for in the implementing legislation, records of the electrical waste taken over and the way in which it is processed and send to the competent administrative authority data on the installation.
(4) The decision granting consent to the operation of an electrical waste treatment facility and its operating rules (Section 14 (1)) must include the conditions necessary to comply with the requirements of paragraph 3 (b) and (c) and § 37m.
(5) Electronic waste can be transported across borders for processing in accordance with European Community provisions governing the supervision of shipments of waste within the European Community (39) and in accordance with Part Nine. The treatment of electrical waste in a State which is not a Member State of the European Union may be included in the fulfilment of the requirements set out in Paragraph 37m, provided that the exporter demonstrates that the recovery, reuse or material recovery took place under conditions comparable to those laid down in this Law.
(6) This provision is without prejudice to the obligations of the processor laid down in specific legislation31t) for the treatment of controlled substances.
(7) The Ministry shall, by means of implementing legislation, lay down technical requirements for the priority disposal of substances and components from electrical waste, storage and treatment of electrical waste, the scope and manner of keeping records of the electrical waste taken over and the ways in which it is processed and recovered and the way in which it is reported.
Use of electrical waste
(1) The manufacturer of electrical equipment shall establish a system to ensure the recovery of electrical waste resulting from the recovery of electrical equipment or separate collection of electrical waste.
(2) The recovered and separately collected electrical equipment shall preferably be reused as a whole before being transferred to the processor. Only electrical equipment or components which meet the requirements of the relevant legislation may be reused. 31o)
(3) The electrical equipment manufacturer is obliged to ensure the recovery of electrical waste transmitted to processors in accordance with Section 37k (5) at least to this extent
(a) for electrical equipment listed in Groups 1 and 10 of Annex 7 to this Act, 80% of its average weight and re-use and material use of components, materials and substances, 75% of its average weight;
(b) for electrical equipment listed in Groups 3 and 4 of Annex 7 to this Act, 75% of its average weight and re-use and material use of components, materials and substances, 65% of its average weight;
(c) for electrical equipment listed in categories 2, 5, 6, 7 and 9 of Annex 7 to this Act, 70% of its average weight and re-use and material use of components, materials and substances, 50% of its average weight;
(d) in the case of discharge lamps and fluorescent lamps, the re-use and material use of components, materials and substances within 80% of their weight.
Financing of the treatment of household electrical equipment
(1) If the electrical equipment is placed on the market after 13 August 2005, the electrical equipment manufacturer is obliged to finance the recovery, processing, recovery and disposal of electrical equipment originating from households, which has been withdrawn pursuant to Sections 37k and 38 in the case of electrical equipment which is the manufacturer under this Act. Costs incurred under this paragraph shall not be separately reported when new electrical equipment is sold.
(2) Prior to the placing on the market of the electrical equipment referred to in paragraph 1, the manufacturer shall provide a guarantee showing that the management of all electrical waste will be financially ensured. This guarantee must be sufficient to cover the financing of the recovery, processing, recovery and disposal of electrical equipment originating from households which has been surrendered under the recovery system established and operated under § 37k and 38. The manufacturer who ensures compliance with the obligations under Section 37h (1) (a) shall provide the guarantee in the form of an assigned bank account or insurance under the conditions laid down in the implementing legislation. It shall report on the status and drawdown of the assigned account or the amount of the claims for the previous year. Funds deposited in an assigned bank account may be used only with the consent of the Ministry to ensure the financing of the recovery, processing, recovery and disposal of electrical equipment originating from households; the funds cannot be the subject of a regulation and enforcement or execution, or included in the producer's bankruptcy nature. A manufacturer which ensures compliance with the obligations under § 37h (1) (b) or (c) does not provide a guarantee.
(3) Where electrical equipment has been placed on the market by 13 August 2005, all persons who are active in business at the time the costs are incurred are obliged to establish a system to the extent that they contribute to the appropriate extent, in particular by market share, to ensure the recovery, processing, recovery and disposal of electrical equipment originating from households, which has been withdrawn pursuant to Sections 37k and 38. For a period of eight years from the effectiveness of this Act and for a period of ten years in the case of electrical equipment listed in Group 1 of Annex No 7 to this Act, from the effectiveness of this Act, these persons may separately indicate the costs of repurchasing, processing and removing electrical equipment placed on the market until 13 August 2005. Where the manufacturer, within the meaning of this provision, provides the costs separately, each seller shall be obliged to indicate them in the course of sales in the course of his business. Such costs may not exceed the costs actually incurred.
(4) The obligations referred to in paragraphs 1 and 2 shall also be fulfilled by the manufacturer trading using means of remote communication for electrical equipment delivered to the Member State of the European Union in which the buyer is resident or registered.
(5) The Ministry, after consulting the Ministry of Finance, lays down detailed financing conditions, in particular the method of calculating the minimum amount of funds deposited in the bank account assigned to it and the minimum amount of insurance benefits.
Financing of electrical waste management
(1) The electrical equipment manufacturer shall ensure the financing of separate collection, treatment, recovery and disposal of electrical waste as follows:
(a) where the electrical equipment is placed on the market after 13 August 2005, it shall provide for its own financing;
(b) where the electrical equipment has been placed on the market by 13 August 2005 and the products of the same type or the products which perform the same function are replaced, the financing of the manufacturer of such a new product at the time of their delivery shall, however, not exceed the number of electrical equipment supplied,
(c) if electrical equipment has been placed on the market by 13 August 2005, however, products of the same type or which perform the same function shall be replaced by end-users who are not consumers.
(2) The Ministry shall, after consulting the Ministry of Finance, lay down detailed financing conditions under paragraph 1.
31m) Directive 2002 / 96 / EC of the European Parliament and of the Council of 27 January 2003 on waste electrical and electronic equipment, as amended by Directive 2003 / 108 / EC of the European Parliament and of the Council. Directive 2002 / 95 / EC of the European Parliament and of the Council of 27 January 2003 on the restriction of the use of certain hazardous substances in electrical and electronic equipment.
31n) § 53 of Act No. 40 / 1964 Coll., Civil Code, as amended.
31o) For example, Act No. 102 / 2001 Coll., on General Product Safety, as amended, Act No. 258 / 2000 Coll., on the Protection of Public Health, as amended, Act No. 634 / 1992 Coll., on Consumer Protection, as amended, Act No. 22 / 1997 Coll., on Technical Requirements for Products and on the Amendment and Addition of Certain Acts, as amended.
31p) § 2 of Act No. 22 / 1997 Coll., on technical requirements for products and on amending and supplementing certain laws, as amended.
31r) § 2 of Act No. 634 / 1992 Coll., on Consumer Protection, as amended.
31s) Act No. 76 / 2002 Coll., on integrated pollution prevention and control, on integrated pollution register and on amending certain laws (Act on integrated prevention), as amended by Act No. 521 / 2002 Coll.
31t) Act No. 86 / 2002 Coll., on Air Protection and on the amendment of certain other laws (Air Protection Act), as amended. Regulation (EC) No 2037 / 2000 of the European Parliament and of the Council of 29 June 2000 on substances that deplete the ozone layer, as amended. '
19. in Paragraph 38 (1) (f):
"(f) electrical equipment originating from households [§ 37g (f)] '.
20. In Paragraph 38 (3), the word "importing 'is replaced by the words" placing on the market in the Czech Republic products of a foreign manufacturer' and the words "irrespective of the mark and up to the amount which they produce or import during the reporting period determined in accordance with paragraph 10. Article 37n shall apply to the recovery of electrical equipment originating in households. '
21. In Paragraph 38, at the end of paragraph 4, the sentence "The manufacturer of electrical equipment shall also ensure that the consumer is informed of:
(a) the requirement that electrical equipment is not removed together with mixed municipal waste, but is put away by natural persons in places designated for it or in places of its recovery;
(b) their role in the reuse of electrical equipment and the material or other recovery of electrical waste;
(c) the possible harmful effects of hazardous substances contained in electrical equipment on the environment and on human health. "
22. In Paragraph 38, the sentence "Recycling of the used product may be refused where the product used for contamination endangers the health of the persons carrying out the re-procurement. 31u) '.
Footnote 31u) reads as follows:
"31u) For example, Decree No. 184 / 1999 Coll., laying down a procedure for assessing the risk of hazardous chemicals to human health, Decree No. 89 / 2001 Coll., laying down the conditions for the classification of works by category, the limit values of biological exposure test indicators and the relevance of reporting of work with asbestos and biological agents."
23. In Article 39 (3), the words "operators of auto-train collection and processing facilities, operators of electrical waste collection, processing, recovery and disposal facilities (§ 37g) 'are inserted after the words" waste disposal or recovery'.
24. In Article 39 (5), the words "and the means of processing them 'shall be inserted after the words" and the operators of installations for the separate collection, treatment, recovery and disposal of electrical waste shall be required to keep records and send data on the type, quantity and method of treatment, recovery or disposal of the waste elektowaste to the extent specified by the implementing legislation'.
25. In Paragraph 39 (7), the words "the type, quantity and methods of treatment, recovery or disposal of electrical waste" shall be inserted after the words "the cars taken over and the means of processing them."
26. in Paragraph 39 (8), the words "or operate equipment which may contain PCBs and which are subject to registration pursuant to Paragraph 26 (d)" shall be inserted after the words "Article 26 (c)," at the end of the sentence of the first subparagraph, the dot shall be deleted and the words "notify the Ministry of this fact by 31 December 2004, unless they have done so." and at the end of paragraph 8, the sentence "This obligation shall not apply to laboratory standards."
27. in Paragraph 39 (12) (b), the words "the type, quantity of electrical waste and the methods of processing, recovery or disposal" shall be inserted after the words "their processing."
28. in Paragraph 47 (1):
"(1) If the operator of the landfill has not paid the levy to the municipality or the State Environmental Fund within the prescribed time limit, he shall be obliged to pay the charge by a regional authority which has given its consent to operate the landfill by decision, on a proposal from the recipient of the charge. A penalty of 0,5 ° per day shall be paid for the unpaid fee. The penalty is the income of the municipality. '
29. in Article 49 (2) last sentence and in Article 51 (2), the words "financial guarantees and" shall be deleted;
30. in Paragraph 51 (4), the words "waste stored as technological material for the provision of landfill and asbestos waste" shall be added at the end of the text in point (b).
31. in Paragraph 54, the heading shall be deleted and in paragraph 2, point (a), the designation (b) and footnote 40 shall be deleted;
32. In Article 54, paragraph 3 is added:
"(3) Waste generated in the Czech Republic is preferably used in the Czech Republic if it is not used in other Member States of the European Union."
33. In Paragraph 58, at the end of paragraph 3, the sentence "An appeal against this decision shall not have suspensory effect 'is added.
34. in Paragraph 66 (3), the dot is replaced by a comma at the end of point (h) and the following point (i) is added:
"(i) not classify as waste and not treat as waste with excavated soil, noise or sediments from river streams or water tanks which do not comply with the pollution limits laid down for their use in order to weigh underground areas and to adjust the surface area (terrain) by implementing legislation.";
35. in Article 72 (1) (i), the words "the type, quantity and method of processing, recovery or disposal of the waste elektowaste," shall be inserted after the words "taken over and the ways in which they are processed."
36. in Paragraph 72 (1), at the end of point (o), the dot is replaced by a comma and the following point (p) is added:
"(p) keeps the List according to Episode 8 of Part Four."
37. in Paragraph 76 (1), the dot at the end of point (f) is replaced by a comma and the following point (g) is added:
"(g) checks that persons using excavated soil, landfill or sediments from river streams or water tanks as material to bind underground spaces and to adjust the surface of the terrain have evidence that, according to the implementing legislation, excavated soil, noise or sediments from river streams or water tanks comply with the pollution limits for their use to weigh underground spaces and to adjust the surface of the terrain (terrain); may take samples of them and check the actual concentrations of pollutants whose pollution limits are laid down in the implementing legislation. ';
38. in § 77, paragraphs 7 to 11, including footnote 48, read:
"(7) Where the customs office finds that a cross-border shipment is an illegal shipment of waste pursuant to Article 26 of Council Regulation (EEC) No 259 / 93 on the supervision, to, and from the European Community of shipments of waste and their control (39), or that a cross-border shipment of waste is carried out in contravention of a permit, it may order the vehicle to be interrupted and unloaded to a place designated for that purpose.
(8) If the legislation referred to in paragraph 7 has been infringed, the customs office may provide for a deposit of between CZK 10,000 and CZK 50,000.
(9) If the driver who does not always represent the carrier for the purpose of the check, 48) the required bail-out, the customs authorities are entitled to order the driver to drive to the nearest, in terms of safety and continuity of traffic on the roads, a suitable place to unload the vehicle, detain the driver's vehicle and cargo documents and prohibit the continuation of the journey. The costs associated with the journey of the vehicle to the place of weaning shall be borne by the carrier. The responsibility of the carrier for the vehicle, cargo and persons carried is not affected.
(10) The driver of the vehicle may continue to drive after payment of the required bail by the driver or carrier, or after payment of the fine by inspection. At the place of payment of the bail or fine, the drivers will be issued the documents retained.
(11) In the selection of the bail, the customs authorities are required to issue a receipt for the receipt of the deposit to the driver, to draw up in four copies a record of the infringement found and to instruct the carrier that he is obliged to submit an inspection within two weeks at the latest, in the Czech language. One copy of the report shall be received by the driver of the vehicle, the other shall be retained by the customs office and the other two copies shall be forwarded together with the security deposit and the vehicle and cargo documents no later than the following working day of the inspection at the place of responsibility of the customs office. The model of the deposit receipt shall be laid down by the Ministry by implementing legislation.
48) Act No. 111 / 1994 Coll., on Road Transport, as amended. '
39. In Paragraph 77, the following paragraphs 12 to 15 are inserted after paragraph 11:
"(12) The proof of deposit shall be issued in the Czech language. The proof of deposit shall indicate where the administrative proceedings for the fine will be conducted.
(13) A vehicle which has been immobilized and unloaded by the customs authorities in the reserved parking lot shall be issued by the carrier only after payment of the required deposit or after payment of the fine imposed by inspection for the administrative offence detected in the control activities by the customs authorities.
(14) The bail procedure is conducted in Czech.
(15) The proceedings for the imposition of a fine referred to in paragraph 10 may be initiated within one year of the date on which the inspection became aware of the infringement of those obligations, but no later than three years after the date on which the infringement occurred. ';
Paragraphs 12 to 18 shall be renumbered paragraphs 16 to 22.
40. in Paragraph 77 (22), the words "the Ministry of Finance" shall be replaced by "the Directorate-General for Customs."
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Regulation Information
| Citation | Act No. 7 / 2005 Coll., amending Act No. 185 / 2001 Coll., on Waste and on the Amendment of Certain Other Acts, as amended |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 06.01.2005 |
|---|---|
| Effective from | 06.01.2005 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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