Decree No. 83 / 2016 Coll.
Decree amending Decree No. 383 / 2001 Coll., on Details of Waste Management, as amended
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Effective from 21.03.2016
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83
DECLARATION
of 14 March 2016
amending Decree No 383 / 2001 Coll., on details of waste management, as amended
According to Article 13 (4), § 14 (6), § 16 (5), § 18 (11), § 29 (2), § 39 (14), § 40 (5) of Act No. 185 / 2001 Coll., on waste and on amending certain other laws, as amended by Act No. 7 / 2005 Coll., Act No. 186 / 2006 Coll., Act No. 25 / 2008 Coll., Act No. 227 / 2009 Coll., Act No. 281 / 2009 Coll., Act No. 297 / 2009 Coll. and Act No. 223 / 2015 Coll.:
Decree No. 383 / 2001 Coll., on Details of Waste Management, as amended by Decree No. 41 / 2005 Coll., Decree No. 294 / 2005 Coll., Decree No. 353 / 2005 Coll., Decree No. 351 / 2008 Coll., Decree No. 478 / 2008 Coll., Decree No. 170 / 2010 Coll., Decree No. 61 / 2010 Coll., Decree No. 35 / 2014 Coll. and Decree No. 27 / 2015 Coll., are amended as follows:
1. in Articles 1 (1) (a), 2 (a) and 4 (2) (d) (3), the words ", residence and place of business, if different from residence," shall be replaced by the words "and seat."
2. in Paragraph 1 (1) (c):
"(c) the designation and address of the establishment where the recovery, disposal, collection or purchase of the waste is being carried out, the address of the applicant's registered office, if the mobile device is concerned, including proof of the applicant's legal relationship to the establishment concerned, the geographical coordinates of the establishment in the format set out in Annex 22, ';
3. In Paragraph 1 (1), at the end of the text in point (g), the words "the waste management methods set out in Annexes 3 and 4 to the Act 'shall be added.
4. In Article 1 (1) (h), the words "to be handled in an establishment 'are replaced by the words" entering and leaving the establishment and, where products are manufactured in an establishment, the description of the products leaving the establishment'.
5. in Article 1 (1), the following points (i) and (j) are inserted after point (h):
"(i) waste management methods at the establishment referred to in Annex No 20, Table 1;
(j) the annual design capacity of the installation and other capacities corresponding to the type of installation concerned relating to its operation as set out in Table 1 of the installation capacity contained in Annex 22, ';
Points (i) to (n) shall be renumbered as points (k) to (p).
6. in Article 1 (1) (p):
"(p) the identification number of the establishment where the consent to operate the establishment is issued to an existing establishment; in the case of mobile devices, the identification number of the installation assigned by the county authority responsible for the premises, ';
7. The following points (q) to (s) are added at the end of paragraph 1, including footnote 19:
"(q) a paper and electronic design of the operating rules and a proposal for the establishment of an operating logbook, the content of which for the different types of equipment is set out in Annex 1 and the specific legislation19);
(r) measures to put an end to the operation of the waste facility and a way of ensuring that it does not endanger human health and the environment after the closure of operations;
(s) the statement of the public health authority on the operating rules pursuant to § 75 (d) of the Act.
19) Decree No 352 / 2005 Coll., on details of the management and financing of electrical equipment and electrical waste (on the management of electrical equipment and electrical waste). Decree No 341 / 2008 Coll., on the details of the management of biodegradable waste and amending Decree No 294 / 2005 Coll., on the conditions for the disposal and use of waste on the ground and amending Decree No 383 / 2001 Coll., on the details of the management of biodegradable waste. Decree No 352 / 2008 Coll., on the details of the management of waste from cars, selected cars, the way in which they are kept and the evidence of waste generated in the facilities for the collection and processing of cars and the information system for the monitoring of the flows of selected cars (details of the handling of cars). '
8. in Article 1 (2) (a) and (b):
"(a) the total capacity of the landfill in cubic metres as defined in Table 1 of the equipment capacity contained in Annex 22;
(b) project documentation; ';
9. In Paragraph 1 (3), the words "or landfill project documentation 'shall be inserted after the words" installation order' and the words "or landfill project documentation 'shall be added at the end of the text of paragraph 3.
10. In Article 1, the following paragraph 4 is added:
"(4) Where justified for technical and economic reasons, the provision of map, image and graphic documents which are part of the design of the operating order referred to in paragraph 1 (q) shall be sufficient only in paper form. ';
11. in Article 4 (2), the following point (2) is added at the end of the text in point (a): ', the establishment for determining the mass of waste received' and in point (d) is inserted after point (1):
"2. device identification number, ';
Points 2 to 5 shall be renumbered 3 to 6.
12. in Article 4 (3), the word "(owner)" shall be deleted;
13. in Article 5 (5):
"(5) The collection device of hazardous waste must be identified in accordance with Section 26 and, where appropriate, the name and surname of the person responsible for the operation and maintenance of the collection device."
14. in Article 5 (7), the words "Annex No 2" shall be replaced by the words "Annex to the directly applicable European Union legislation on the hazardous properties of waste 20)";
Footnote 20 reads:
"(20) Commission Regulation (EU) No 1357 / 2014 of 18 December 2014 replacing Annex III to Directive 2008 / 98 / EC of the European Parliament and of the Council on waste and repealing certain Directives.";
15. in Article 7 (5), the words "Annex No 2" shall be replaced by the words "Annex to the directly applicable European Union Regulation on the hazardous properties of waste 20)";
16. Paragraph 7 becomes paragraph 6.
17. in Paragraph 8 (2):
"(2) The following types of waste are defined as waste from which the operator of the waste collection or recovery facility is obliged to identify the persons from whom the waste is intended to be removed or redeemed, identify the waste collected or purchased and keep records of such facts:
| Kód druhu odpadu | Název druhu odpadu |
|---|---|
| 02 01 10 | Kovové odpady |
| 15 01 04 | Kovové obaly |
| 16 01 04* | Autovraky |
| 16 01 06 | Autovraky zbavené kapalin a jiných nebezpečných součástí |
| 16 01 17 | Železné kovy |
| 16 01 18 | Neželezné kovy |
| 16 08 01 | Upotřebené katalyzátory obsahující zlato, stříbro, rhenium, rhodium, paladium, iridium nebo platinu (kromě odpadu uvedeného pod číslem 16 08 07) |
| 17 04 01 | Měď, bronz, mosaz |
| 17 04 02 | Hliník |
| 17 04 03 | Olovo |
| 17 04 04 | Zinek |
| 17 04 05 | Železo a ocel |
| 17 04 06 | Cín |
| 17 04 07 | Směsné kovy |
| 17 04 11 | Kabely neuvedené pod 17 04 10 |
| 20 01 40 | Kovy.“. |
18. in Paragraph 8 (5) (e), the words "(g)" shall be inserted after the words "(c)" and at the end of the text the words "except for a complete car battery which in this case is not considered to be part of the car train."
19. In Article 8, paragraph 6 is added:
"(6) In the case of the collection or redemption of waste as defined in paragraphs 2 and 5, the operator of the installation for the collection or redemption of waste may only pay in the manner set out in Article 18 (5) of the Act. ';
20. Paragraph 13 (2) is deleted and paragraph 1 is deleted.
21. in Paragraph 14, paragraph 2 is deleted;
Paragraphs 3 and 4 shall become paragraphs 2 and 3.
22. Part Five shall be deleted, including the title.
23. The heading of Part Six reads as follows: "METHOD OF THE MANAGEMENT OF THE TRANSFER EVIDENCE OF WASTE, NOTIFICATION OF THE EVIDENCE OF WASTE, DATA ON EQUIPMENT, ACTIVITIES OF WASTE CARRIERS, DATA ON THE GENERAL SYSTEM OF COMPETITION, COLLECTION, TRANSPORT, TRAINING, USE AND DESIGNATION OF THE IDENTIFICATION NUMBER, TRANSPORT OF UNSAFETY DATA, INFORMATION ON DECISIONS, AND EXAMINATION AND ALLOCATION METHOD '.
24. In Article 21 (1), the words "or equipment 'shall be inserted after the words" separate establishment'.
25. in Article 22 (1) (b):
"(b) the municipality details of the collection, collection, transport, sorting, recovery and disposal of municipal waste (" municipal municipal waste management system ") on sheet No 5 of Annex 20."
26. In the first sentence of Article 22 (3), the words ", establishment 'and" or establishment which ensures their operation' shall be inserted after the words "separate establishment '.
27. in Paragraph 22 (4):
"(4) The municipal authority of the municipality with extended scope shall send the reports referred to in paragraphs 1 and 2 to the Ministry and the Regional Authority in electronic form in the transmission standard of waste data to the e-mail address of the competent public authorities, which shall be published in a manner enabling remote access. ';
28. Paragraph 22 (5) and (6) are deleted.
Article 29 (23) and (24), including the headings, read:
Scope and method of reporting data on installations for the collection and recovery, recovery and disposal of waste, installations under Section 14 (2) of the Act, small installations under Section 33b (1) of the Act and activities of waste carriers
(1) Operators of installations for the collection, purchase, recovery or disposal of waste, operators of installations under Section 14 (2) of the Act and operators of small installations under Section 33b (1) of the Act, including mobile equipment, shall send data on the operation of installations in accordance with Annex 22.
(2) Waste landfill operators shall send data on the state of the financial reserve created, data on the spare capacity of the landfill and data on the charges for the landfill on sheet No 4 of Annex 20.
(3) Waste carriers shall send data on their activities in accordance with Annex 27.
(4) The reports referred to in paragraphs 1 to 3 shall be sent by the Regional Office to the Ministry in electronic form in the transmission standard of waste data to the electronic address, which shall be published in a way that allows remote access.
Scope and manner of transmission of information on decisions and observations issued under the law
(1) The municipal authority of the municipality with extended competence sends to the Ministry information on decisions and observations made by the Ministry pursuant to Article 79 (4) (e) of the Act in accordance with Annex 25 electronically in the transmission standard of waste data to an electronic address which is published in a manner that allows remote access.
(2) The Regional Office shall send to the Ministry information on decisions made by it under the law referred to in Annex 25 electronically in the transmission standard of waste data to an electronic address which is published in a manner that allows remote access. '
30. The following Section 24a is inserted after Section 24:
Method of allocation of the installation identification number
(1) The format of the installation identification number is CZXYYYYYY, where X is the county designation and YYYY is the serial number of the registered establishment within the respective region. The name of the region is as follows: A - Capital Prague, S - Central Bohemian, U - Ústecký, L - Liberecký, K - Karlovy Vary, H - Královéhradecký, E - Pardubický, P - Plzeň, C - Jihočeský, J - Vysočina, B - Jihomoravský, M - Olomoucký, T - Moravskoslezský, Z - Zlínský.
(2) The allocation of the installation identification number shall include its establishment in the format referred to in paragraph 1 and communication to the operator of the installation.
(3) In the case of mobile devices, the installation identification number shall be assigned by the regional authority in whose territory the mobile device operator has its registered office.
(4) The Regional Authority which is conducting the procedure for the application for authorisation to operate a mobile device which has not yet been assigned an installation identification number and whose operator does not have its registered office in the region shall inform the Regional Authority in whose administrative district the mobile device operator has its registered office of such consent within 5 days of its issue. The regional authority in whose administrative district the mobile device operator has its registered office shall send a communication of the mobile device identification number to the regional authority which has given its consent to operate the device.
(5) An already assigned installation identification number cannot be changed, removed or assigned to another installation.
(6) If the use right is transferred or transferred to an installation, the installation identification number shall not be changed.
(7) The separate installation identification number shall be assigned to each establishment designated for the management of selected products that have become waste referred to in Section 25 (1) (g) of the Act and to each establishment designated for the management of selected products that have become waste referred to in Section 25 (1) (h) of the Act. ';
31. Paragraph 25, including the title, reads:
Notification of shipments of hazardous waste
(1) The notification form for the notification of shipments of hazardous waste from one consignor to one consignee from one or more loading points to one place of unloading is set out in Annex 26.
(2) Where a shipment of hazardous waste is carried out several times on one day by one means of transport from one place of loading to one place of unloading, it may be declared in accordance with Annex 26 on a single reporting sheet indicating that it is a shuttle service.
(3) The document accompanying the consignment of hazardous waste in paper form shall contain information to the extent of the reporting sheet set out in Annex 26.
(4) In the case of shipments of hazardous waste arising from the activities of the Ministry of Defence, the Ministry shall be reported only in paper form. The consignor shall complete two reporting sheets, one of which shall be retained by the consignor as confirmed. The second reporting sheet of the consignor shall accompany the consignment of hazardous waste and shall be retained by the consignee upon completion of the shipment. ';
32. the following Section 26 is inserted after Section 25:
The method and scope of labelling of hazardous waste is set out in Annex 29. ';
(33) Part seven, including the title, shall be deleted.
34. In Annex 1, point 5.2, the words "and list of hazardous waste 'are deleted.
35. In Annex 2, point 1 (c), the words "including the installation identification number of authorised persons' shall be inserted after the words" waste supplier 'and the words "collection' shall be inserted after the words" including the installation identification number '.
36. In Annex 2, point 1, the words "and their retention for 5 years' shall be added at the end of the text in point (d).
37. In Annex No 2, point 1, at the end of the text in point (e), the words "including the identification number of that establishment 'shall be added.
38. in Annex 2 (2) (a):
"(a) The IČO, if assigned, business name / name and surname of the supplier of waste, identification number of the establishment, if the supplier is the beneficiary, identification number of the establishment, if the supplier is the producer of the waste, name, address and identification number of the basic territorial unit (hereinafter referred to as" IČZUJ ") of the establishment. In the case of waste generated outside the premises, the ORP / SOP code shall be given from the code lists of administrative districts issued by the Czech Statistical Office according to the place of generation of waste and a brief indication of the activity at which the waste was generated, address and IČZUJ according to the place of generation of waste; in this case, the identification number of the establishment and the name of the establishment shall not be indicated; ';
39. Annex 3, including the title and footnotes 15 and 21, reads as follows:
"Annex No 3 to Decree No 383 / 2001 Coll.
Content of hazardous waste identification data sheet
40. Annex No 14 is deleted.
41. in Annex 15 (n):
"(n) water,"
(42) Annex No 19 is deleted.
43. Annex No 20, including the title and footnote 22, reads as follows:
"Annex No 20 to Decree No 383 / 2001 Coll.
Production and waste management reports
44. Annex No 22, including the title:
"Annex No 22 to Decree No 383 / 2001 Coll.
Reporting of data on installations for the collection and recovery, recovery and disposal of waste, installations under Section 14 (2) of the Act and small installations under Section 33b (1) of the Act
45. Annexes 23 and 24 are deleted.
46. Annex No 25, including the title and footnote 23, reads as follows:
"Annex No 25 to Decree No 383 / 2001 Coll.
Regional office reports of decisions issued under the law, including reported data on facilities and assigned installation identification numbers and reports of the municipality's municipal authority with extended scope of decisions and expressions issued under the law
The report shall include:
(1) identification of the notifier:
(a) the identification number of the regional office or municipal office of the municipality with extended scope;
(b) the name of the Office;
(c) the full and precise address of the Office;
(d) the name and surname of the reporting person, including contact details (telephone, e-mail),
(2) information on decisions taken and valid and expressed, including:
(a) the reference number;
(b) the case (subject matter),
(c) the date of application, the date of the decision and the date of the acquisition of legal authority;
(d) the period of validity if the decision is given for a fixed period;
(e) the identification of the participants in the management23) according to the condition in force at the time of the decision, including: the identity number of the person, the identification number of the basic territorial unit, the business name and the registered office in respect of the legal person, the business name and the surname and registered office in respect of the natural person authorised to do business;
(f) a list of the waste listed in the decision, entering and leaving the technology and other waste to be treated in the establishment according to the operating rules or waste referred to in Article 16 (3) of the Act, including the catalogue number of the waste, the actual category of waste and the name of the waste according to the Waste Catalogue;
(g) name, code of the equipment for cataloguing the types of equipment according to the code list, which is part of the Ministry's transmission data standard, published on the public administration portal. To be reported only for decisions concerning the operation and reporting of equipment,
(h) the annual capacity of the installation in tonnes per year or the total capacity of the landfill in cubic metres;
(i) additional capacity data according to Table 1 of Annex 22;
(j) the description of the provisions of the Waste Act under which the procedure was decided, according to the code list, which is part of the Ministry's transmission data standard, published on the public administration portal,
(3) the decision, the legal statement and the operating rules of the establishment in the format set out in the Ministry's transmission data standard published on the public administration portal. If justified for technical and economic reasons, it is possible to refrain from the electronic form of map, image and graphic materials which are part of the operating order,
(4) data from the records of installations for the collection, purchase, recovery or disposal of waste, installations referred to in Article 14 (2) and small installations referred to in Article 33b (1) to which the Regional Authority has assigned the installation identification number, including those numbers, including PID for installations authorised under the Integrated Authorisation Act under the Integrated Prevention Act (22), to the required extent of data according to the Ministry's transmission data standard published on the public administration portal,
5) data from the reported data records according to § 23 to the required data range according to the Ministry's transmission data standard published on the public administration portal.
23) Paragraph 27 (1) of Act No. 500 / 2004 Coll., Administrative Regulations, as amended. '
47. Annex No 26, including the title, reads:
"Annex No 26 to Decree No 383 / 2001 Coll.
Announcement sheet for the transport of hazardous waste in the Czech Republic
48.
"Annex No 27 to Decree No 383 / 2001 Coll.
Waste carrier
50. The following Annex 29 is inserted after Annex 27:
"Annex No 29 to Decree No 383 / 2001 Coll.
Labelling of hazardous waste
1. The means and locations for the concentration of hazardous waste (collection, collection, warehouses, packaging, sinks and tanks) containing waste with dangerous properties listed in the Annex, directly applicable European Union legislation on hazardous properties of waste (20), shall be identified in writing by the name of the waste, its catalogue number and by the code and the name of the hazardous properties, the inscription "hazardous waste" and the warning graphic symbol based on the directly applicable European Union regulation on classification, labelling and packaging of substances and mixtures (21) and the graphic symbol of the hazardous properties HP 9 under the European Agreement ADR2).
2. The code and the name of the hazardous properties, the indication "hazardous waste 'and the warning graphic symbol shall be indicated on the label, which shall be so placed as to be visible to the person handling hazardous waste during normal handling. The name of the waste and its catalogue number shall be visible to the person handling the hazardous waste during normal handling and may be part of the label. Where the name of the waste and its catalogue number are part of the label, it shall be indicated in the same font size as the inscription" hazardous waste'. The part of the label with the name of the waste and its catalogue number shall not be counted against the minimum dimensions of the label referred to in point 4.
3. In the case where the waste has at the same time more hazardous properties, the device and the location for concentration of hazardous waste shall be labelled with two or more graphic symbols of all such hazardous properties.
4. The lowest possible dimensions of hazardous waste labelling (labels) are set out in the following table:
| Velikost obalu (l) | Nejmenší rozměr štítku (mm) | Rozměry každého z výstražných symbolů (v milimetrech) |
|---|---|---|
| menší nebo rovno 3 | pokud možno alespoň 52 × 74 | větší než 10 x 10 pokud možno alespoň 16 x 16 |
| větší než 3 a menší nebo rovno 50 | alespoň 74 × 105 | alespoň 23 x 23 |
| větší než 50 a menší nebo rovno 500 | alespoň 105 x 148 | alespoň 32 x 32 |
| větší než 500 | alespoň 148 x 210 | alespoň 46 x 46 |
5. Use of graphic symbols according to the table:
Graphic symbols have a black character on a white background with a red frame that is wide enough to be clearly visible.
| Pořadové číslo | Grafický symbol | Nebezpečná vlastnost |
|---|---|---|
| 1 | HP 1 Výbušné | |
| 2 | HP 2 Oxidující | |
| 3 | HP 3 Hořlavé | |
| 4 | HP 4 Dráždivé a) HP 8 Žíravé | |
| 5 | HP 4 Dráždivé b) HP 15 Následně nebezpečný | |
| 6 | HP 6 Akutní toxicita HP 12 Uvolňování akutně toxického plynu | |
| 7 | HP 5 Toxicita pro specifické cílové orgány/Toxicita při vdechnutí HP 7 Karcinogenní HP 10 Toxické pro reprodukci HP 11 Mutagenní HP 13 Senzibilizující | |
| 8 | HP 9 Infekční | |
| 9 | HP 14 Ekotoxický | |
| 10 | Grafický symbol se doplní podle projevující se nebezpečné vlastnosti, kterou v době vzniku neměl | HP 15 Odpad schopný vykazovat při nakládání s ním některou z výše uvedených nebezpečných vlastností, kterou v době vzniku neměl c) Na štítku se uvede název nebezpečné vlastnosti následovně: Následně nebezpečný |
Explanatory notes to the table:
(a) For hazardous wastes containing substances (or mixtures) classified by one of the following hazard classes and categories and hazard statements codes: Skin corr skin corrosion 1A, (H314 Causes severe skin corrosion and eye damage) and Eye dam eye damage 1, (H318 Causes severe eye damage).
(b) For hazardous wastes containing substances (or mixtures) classified by one of the following hazard classes and categories and hazard statements codes: Skin irritability to skin irrit. 2 (H315 irritates skin) and Eye irrit. 2 (H319 Causes severe eye irritation). Where waste contains or is suspected to contain hazardous substances or mixtures referred to in (a) and (b), the graphic symbol referred to in (a) shall be used.
(c) In the event that the waste does not show any of the above hazardous properties at the time of its formation but will release in the aqueous leaching of the pollutants in quantities exceeding the limit concentration values in the leachate set out in Table 2 of Annex No 1 to the Waste Risk Assessment Ordinance, or if it contains a substance that can be assigned at least one of the hazard statements or additional hazard statements listed in Table 9 of the Annex directly applicable to the European Union Waste Hazard Features Regulation (20), the graphic symbol under Order No 5 and the name of the hazardous characteristic "Subsequently hazardous."
Transitional provisions
1. The hazardous waste may not be labelled in accordance with Section 26 of Decree No. 383 / 2001 Coll., as effective from the date of entry into force of this Decree, until 31 May 2016, if it is labelled as "hazardous waste 'at least.
2. The collection device of hazardous waste need not be labelled in accordance with Section 5 (5) of Decree No 383 / 2001 Coll., as effective from the date of entry into force of this Order, if it is marked in accordance with Section 5 (5) of Decree No 383 / 2001 Coll., as effective before the date of entry into force of the Decree.
3. By 31 May 2016, the hazardous waste identification sheet may not contain the data referred to in Annex 3 to Decree No 383 / 2001 Coll., as effective from the date of entry into force of this Order, provided that it contains the data referred to in Annex 3 to Decree No 383 / 2001 Coll., as effective before the date of entry into force of that Order.
4. In the context of the written information referred to in Annex 2 (2) (a) to Decree No 383 / 2001 Coll., as effective from the date of entry into force of this Order, the supplier of waste shall provide the person authorised to operate the relevant waste facility with the establishment identification number from 1 May 2016.
5. In keeping on-going records and in the annual report on the production and management of waste and in the reporting of shipments of hazardous waste pursuant to Section 25 of Decree No. 383 / 2001 Coll., as effective from the date of entry into force of this Decree, the producers of waste and authorised persons shall use the establishment identification number for waste data to be transmitted and taken over after 30 June 2016.
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Regulation Information
| Citation | Decree No. 83 / 2016 Coll., amending Decree No. 383 / 2001 Coll., on Details of Waste Management, as amended |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 21.03.2016 |
|---|---|
| Effective from | 21.03.2016 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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