Decree No. 95 / 2023 Coll.
Decree amending Decree No. 30 / 2021 Coll., on the implementation of certain provisions of the Law on Packaging
Valid
Effective from 20.04.2023
Text versions:
20.04.2023
05.04.2023
95
DECLARATION
of 30 March 2023
amending Decree No. 30 / 2021 Coll., implementing certain provisions of the Law on Packaging
According to Article 50 (2) of Act No. 477 / 2001 Coll., on Packaging and on the amendment of certain laws (Act on Packaging), as amended by Act No. 149 / 2017 Coll., Act No. 545 / 2020 Coll. and Act No. 244 / 2022 Coll., ("the Act ') for the implementation of § 9a (3), § 10 (6), § 11 (4), § 15 (4) and § 23 (5) of the Act:
Decree No. 30 / 2021 Coll., on the implementation of certain provisions of the Law on Packaging, is amended as follows:
1. In the introductory sentence of the Decree, the words "§ 9a (3), § 10 (6), § 11 (4) 'are inserted after the words" for implementation'.
2. At the end of footnote 1, the sentences are added to separate rows
"Directive (EU) 2019 / 904 of the European Parliament and of the Council of 5 June 2019 on the limitation of the environmental impact of certain plastic products. Commission Implementing Decision (EU) 2021 / 1752 of 1 October 2021 laying down detailed rules for the implementation of Directive (EU) 2019 / 904 of the European Parliament and of the Council as regards the calculation, verification and reporting of data on sorted collection of waste from disposable plastic drinking bottles. Article 2
3. In Paragraph 1 (c), at the end of point 2, the word "a 'is replaced by a comma.
4. In Article 1, at the end of point (d), the dot is replaced by a comma and the following points (e) to (g) are added:
"(e) rules for the calculation of the level of recycling of waste from disposable plastic packaging listed in Part B of Annex 4 to the Act (hereinafter referred to as the" disposable plastic beverage bottle ");
(f) the minimum extent and manner of informing the consumer and the effect of changing its behaviour;
(g) the types of repayable back-up disposable packaging as provided for in Section 9a (1) of the Act. ';
5. In Paragraph 3 (1), "3 'is replaced by" 4'.
6. In Paragraph 3 (2), "4 'is replaced by" 5'.
7. in Article 3 (2), the following point (c) is inserted after point (b):
"(c) the quantities of disposable plastic packaging equipment listed in Part D of Annex 4 to the Act which have been placed on the market and to which the combined performance contracts have been concluded to it;"
Points (c) to (e) shall be renumbered as points (d) to (f).
8. in Paragraph 3 (2) (e), "a" is replaced by a comma.
9. In Article 3, at the end of paragraph 2, the dot is replaced by "a 'and the following point (g) is added:
"(g) the quantities of recycled plastic used by persons placing on the market or putting into circulation disposable plastic packaging as provided for in Article 12a (1) of the Act in those packages to which the combined performance contracts have been concluded to it."
10. In Article 4, the following paragraph 4 is inserted after paragraph 3:
"(4) A person who places on the market or puts into circulation disposable plastic drinking bottles shall report to the Ministry data on such packages in the form of the completed annual statements referred to in Annexes 1 and 5 to this Order."
Paragraph 4 shall become paragraph 5.
11. in Article 4 (5), the words "and 7" shall be deleted;
12. in Article 4 (5) (a), the words "and 7" and the number "5" shall be replaced by the words "6."
13. in Article 4 (5) (b), "up to 5" is replaced by "up to 6 and 8 to 11" and "5" is replaced by "6."
14. in Article 4 (5), the comma at the end of point (b) shall be replaced by a dot and points (c) and (d) shall be deleted;
15. in Article 7, the following paragraph 1 is inserted:
"(1) Waste from packaging which was created in the Czech Republic and was sent for use in another Member State of the European Union is considered to be used in the Czech Republic."
Paragraphs 1 to 4 shall be renumbered paragraphs 2 to 5.
16. In Article 7 (3), the words "originating in another Member State or in a State outside the European Union which is sent for use to the Czech Republic 'are replaced by the words" not originating in the Czech Republic and which was sent for use to the Czech Republic,'.
17. After Paragraph 11, the following Sections 11a to 11c are inserted:
Rules for the calculation of the level of recycling of waste from disposable plastic drinking bottles
(1) The level of recycling of waste from disposable plastic drinking bottles is calculated by dividing the mass of recovered waste from disposable plastic drinking bottles in a given calendar year by the weight of such disposable plastic drinking bottles placed on the market in the same calendar year. The resulting ratio shall be expressed as a percentage.
(2) Weight of recovered waste from disposable plastic drinking bottles
(a) includes the weight of their caps and lids;
(b) does not include the weight of any remaining beverages; and
(c) may cover the weight of labels and adhesives only if it is also included in the weight of disposable plastic drinking bottles placed on the market.
(3) Waste from disposable plastic drinking bottles may be counted as recovered if withdrawn
(a) separately from any other waste; or
(b) other waste from packaging or other plastic, metal, paper or glass parts of waste not derived from packaging; and
1. no waste which may contain hazardous substances shall be collected under the recovery system; and
2. recovery and subsequent sorting shall be designed and carried out to minimise contamination of recovered waste from disposable plastic drinking bottles with other waste.
(4) Mass of recovered waste from disposable plastic drinking bottles which has been recovered
(a) separately from any other waste shall be measured at the place where it was recovered or at the exit from the sorting plant; the weight of this bottle waste may be calculated by calculating the bottles if conversion factors are used to take account of the weight of the bottle of each size, the type of polymer of bottles and caps and the losses in subsequent sorting operations; or
(b) with other waste from packaging or other plastic, metal, paper or glass parts of waste not coming from packaging as referred to in paragraph 3 (b), shall be measured at the exit from the sorting plant.
(5) Where waste from disposable plastic drinking bottles and other waste is present at the exit from the sorting plant, the mass of waste from disposable plastic drinking bottles shall be proportional to the proportion of waste from disposable plastic drinking bottles at the entrance to the sorting plant. This proportion shall be determined on the basis of representative sampling and subsequent composition analysis.
(6) The weight of disposable plastic drinking bottles placed on the market shall comprise only the weight of bottles placed on the market after filling with beverages.
Minimum scope and manner of informing the consumer and the effect on changing its behaviour
(1) The person placing the packaging on the market or putting it into circulation shall use at least the following means of information and methods each year when informing the consumer:
(a) radio or television broadcasting;
(b) electronic communication, such as through social networks, Internet presentations or banners;
(c) personal communications, such as through school educational events, exhibitions or fairs; and
(d) periodical printing.
(2) Consumer information must stress the importance of its position on responsible management of packaging waste, in particular the importance of sorting packaging waste and the consumer's personal responsibility for the environmental impact of packaging waste.
(3) Consumer information must be carried out taking into account the population aged between 6 and 15.
(4) In carrying out the consumer information referred to in paragraph 1, the name of the person who organises it and ensures its financing or the brand or name of the information campaign shall be indicated.
(5) The costs of informing the consumer in a given year shall correspond to at least 2% of the total costs incurred in fulfilling the obligations laid down by law for the recovery and recovery of packaging waste, information activities and other obligations related thereto.
(6) The person placing on the market or putting into circulation the disposable plastic packaging listed in Part D of Annex 4 to the Act shall act to change the consumer's behaviour in order to reduce the consumption of such disposable plastic packaging by carrying out a permanent information campaign on the subject, using the means and methods referred to in paragraph 1.
Types of selected back-up disposable packaging according to § 9a (1) of the Act
The types of back-up disposable packaging which the consumer is entitled to pass as waste to the assembly site by the person who places such packaging on the market or put into circulation by sale to the consumer without the producer of the waste or its establishment being a waste facility in relation to them are listed in Annex 9 to this Decree. '
18. In Annex No 4 and Annex No 5, Table No 2, the word "cuke 'is replaced by" total'.
19. The following Annex 5 is inserted after Annex 4:
"Annex No 5 to Decree No 30 / 2021 Coll.
Annual statement for persons placing on the market or putting into circulation disposable plastic drinking bottles
The figures in the table are to be completed in tonnes (excluding those in columns 2 and 4)
| 1 | 2 | 3 | 4 | |
|---|---|---|---|---|
| Materiál použitý k výrobě nápojových lahví* | Uvedeno na trh | Podíl použitých recyklovaných plastů (%) | Zpětný odběr | Zpětný odběr (%) |
| PET | ||||
| PVC | ||||
| PE | ||||
| PP | ||||
| PS | ||||
| Jiné | ||||
| Celkem |
* Drinking bottles according to Part B of Annex 4 to the Law, according to the weight-predominant material
Data on disposable plastic drinking bottles must also be included in the annual declaration of disposable packaging (single-way packaging) and reusable packaging which do not comply with the criteria of Section 13 (3) of the Act (Annex 3 to this Decree) or the annual statement for persons placing on the market or putting into circulation less than 300 kg of packaging per year (Annex 4 to this Decree).
Column 1
Total weight of bottles marketed in the Czech Republic - total weight of bottles exported from the Czech Republic. Paragraph 11a (6) shall apply to the calculation.
Column 2
Mass share of recycled plastic used in bottles. Where bottles with different proportion of recycled plastics are placed on the market in a given commodity, the proportion of recycled plastics in that commodity must be determined as a weighted average according to the formula (M1 * R1 + M2 * R2 + Mn * Rn) / (M1 + M2 + Mn) where M represents the weight of bottles with a certain proportion of recycled plastics and R represents that proportion of recycled plastics.
Column 3
Total weight of recovered waste from disposable plastic drinking bottles. Paragraph 11a (2) to (5) shall apply in determining the weight.
Column 4
Columns (3 / 1) * 100. '
Annexes 5 to 8 to date shall be renumbered Annexes 6 to 9.
20. The heading of Annex 6 reads: "Statements of the authorized company on the registration data pursuant to § 23 (1) of the Act."
21. At the end of Annex 6, Tables 6 to 11 are added, including the headings and notes on the tables:
"Report of an authorized company on disposable plastic drinking bottles and waste thereof
Table 6
The figures in the table are to be completed in tonnes (excluding those in columns 2 and 4)
| 1 | 2 | 3 | 4 | |
|---|---|---|---|---|
| Materiál použitý k výrobě nápojových lahví* | Uvedeno na trh | Podíl použitých recyklovaných plastů (%) | Zpětný odběr | Zpětný odběr (%) |
| PET | ||||
| PVC | ||||
| PE | ||||
| PP | ||||
| PS | ||||
| Jiné | ||||
| Celkem |
* Drinking bottles according to Part B of Annex 4 to the Law, according to the weight-predominant material
Data on disposable plastic drinking bottles must also be included in the report of the authorized company on the registration data pursuant to Article 23 (1) of the Act (Tables 2 and 3).
Column 1
Total weight of bottles marketed in the Czech Republic - total weight of bottles exported from the Czech Republic. Paragraph 11a (6) shall apply to the calculation.
Column 2
Mass share of recycled plastic used in bottles. Where bottles with different proportion of recycled plastics are placed on the market in a given commodity, the proportion of recycled plastics in that commodity must be determined as a weighted average according to the formula (M1 * R1 + M2 * R2 + Mn * Rn) / (M1 + M2 + Mn) where M represents the weight of bottles with a certain proportion of recycled plastics and R represents that proportion of recycled plastics.
Column 3
Total weight of recovered waste from disposable plastic drinking bottles. Paragraph 11a (2) to (5) shall apply in determining the weight.
Column 4
Columns (3 / 1) * 100.
Statements of an authorized company on registration data pursuant to § 23 (1) (a) and (c) to (f) of the Act
Table 7 - Statement of Authorised Company on Persons pursuant to § 23 (1) (a) of the Act
| Výkaz byl vyhotoven ke dni …………… | ||
|---|---|---|
| Subjekt | Sídlo | IČO |
Table 8 - Statement of Authorised Companies on Persons pursuant to § 23 (1) (c) of the Act
| Výkaz byl vyhotoven ke dni ……………. | ||
|---|---|---|
| Subjekt | Sídlo | IČO |
Table 9 - Report of the authorized company on disposable plastic packaging products pursuant to § 23 (1) (d) of the Act
The figures in the table shall be completed in tonnes. The dark boxes shall not be completed.
| Uvedeno na trh (hmotnost plastů) | Uvedeno na trh (celková hmotnost) | |
|---|---|---|
| Nápojové kelímky* vyrobené pouze z plastu | ||
| Nádoby na potraviny** vyrobené pouze z plastu | ||
| Nápojové kelímky* vyrobené částečně z plastu | ||
| Nádoby na potraviny** vyrobené částečně z plastu |
* Drinking cups according to Section 1 of Part D of Annex 4 to the Act
* * Food containers referred to in point 2 of Part D of Annex 4 to the Act
Table 10 - Report of the authorised company on collection points pursuant to § 23 (1) (e) of the Act in case of cooperation of the authorised company with municipalities
| Obec | IČO | Počet sběrných míst | Podíl sběru obalů prostřednictvím veřejné sběrné sítě (%) | Podíl sběru obalů prostřednictvím individuální sběrné sítě (%) | Podíl sběru obalů ostatními způsoby sběru (%) | Celkový počet nádob v obci | Počet nádob určených k odkládání jednotlivých komodit | Počet sběrných automatů | |||||
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
| Papír | Plast | Sklo čiré | Sklo směsné | Kovy | Nápojový karton | ||||||||
Second part of the table
| Nádobový sběr | Pytlový sběr | Nádobový individuální sběr | Zálohový sběr | Sběrný dvůr | Zařízení k výkupu odpadů | Ostatní způsoby sběru |
|---|---|---|---|---|---|---|
Number of collection points: For the purposes of the table, the collection point is the average public collection point, i.e. a place with at least 1 container to which paper can be put, 1 container to which plastic can be put, and 1 container to which glass can be put. Containers are available without time limits to residents for sorted waste collection.
Share of packaging collection via public collection network: Share of the weight of packaging waste collected by means of sorted waste collection containers which are available to residents without a time limit in public places on the total weight of collected packaging waste in the municipality (to be reported in%).
Share of packaging collection via individual collection network: Share of the weight of packaging waste collected by means of containers available to residents at their place of residence and intended only for specific houses or households and by means of bags of the total weight of packaging waste collected in the municipality (to be reported in%).
Share of packaging collection by other means of collection: Share of the weight of packaging waste collected through collection yards, purchases and other collection methods on the total weight of packaging waste collected in the municipality (to be reported in%).
Total number of containers in the municipality: Number of natural containers for sorted waste collection in the municipality, both installed within the public collection network and individual collection networks, without including bags used for sorting collection.
Number of containers to be kept by each commodity: Number of containers in the municipality in which the commodity can be stored. This includes containers for the separate collection of the commodity and containers for the collection of the commodity in a mixture with another commodity. Containers installed within a public collection network and individual collection networks are included; the bags used for sorting collection are not included.
Number of automatic collection machines: To be filled only in case of collection in the backup system.
Container collection: It shall be indicated whether the municipality collects packaging waste through containers placed in public places.
Sack collection: It shall be indicated whether the municipality collects packaging waste through household bags.
Individual container collection: It shall be indicated whether the municipality collects packaging waste through containers intended for individual houses or households.
Backup collection: It shall be indicated whether the municipality collects packaging waste through a backup system (in the case of an authorized company which provides a combined supply exclusively for refundable backup packaging).
Collection yard: It shall be indicated whether the municipality collects waste from packaging on collection yards or in facilities similar to those of collection yards.
Purchaser: It shall be stated whether the municipality collects waste from packaging in waste purchases.
Other collection methods: To be indicated if the municipality collects packaging waste by other means of collection, such as irregular mobile transport by large containers, school collections etc.
Table 11 - Statement of Authorised Company on costs of consultancy and research projects pursuant to § 23 (1) (f) of the Act
| Název projektu | Celkové náklady na projekt* |
|---|---|
* without wage costs of employees of an authorized company '.
22. Annex No 7 is deleted.
Annexes 8 and 9 to date shall be renumbered Annexes 7 and 8.
23. the following Annex 9 is inserted after Annex 8:
"Annex No 9 to Decree No 30 / 2021 Coll.
Types of selected back-up disposable packaging according to § 9a (1) of the Act
1. Plastic drinking bottles of up to 3 litres, including caps and lids, with the exception of:
(a) glass or metal containers for beverages with caps and lids made of plastic; and
(b) drinking bottles intended and used for food for special medical purposes as referred to in Article 2 (g) of Regulation (EU) No 609 / 2013 of the European Parliament and of the Council which are in liquid form.
2. Drinking cans of up to three litres. '
Transitional provision
Persons placing packaging on the market or put into circulation and authorised companies shall report data pursuant to Decree No. 30 / 2021 Coll., as effective from the date of entry into force of this Order, for the first time for the reporting year 2023.
Efficacy
This Decree shall take effect on the 15th day following its publication.
Minister:
Mgr.
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Regulation Information
| Citation | Decree No. 95 / 2023 Coll., amending Decree No. 30 / 2021 Coll., implementing certain provisions of the Law on Packaging |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 05.04.2023 |
|---|---|
| Effective from | 20.04.2023 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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