He Integrated Pollution Register

Original Language Title: On Integrated Pollution Register

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Read the untranslated law here: https://portal.gov.cz/app/zakony/download?idBiblio=66513&nr=25~2F2008~20Sb.&ft=txt

25/2008 Sb.



LAW



of 16 June. January 2008



on the integrated pollution registry and integrated

system of fulfilment of the reporting obligations in the field of the environment and

on the amendment of certain laws



Change: 227/2009 Sb.



Change: 281/2009 Sb.



Change: 77/2011 Sb.



Change: 201/2012 Sb.



Change: 169/2013 Sb.



Parliament has passed the following Act of the Czech Republic:



PART THE FIRST



INTEGRATED POLLUTION REGISTRY AND INTEGRATED

SYSTEM OF FULFILMENT OF THE REPORTING OBLIGATIONS IN THE FIELD OF THE ENVIRONMENT



The integrated pollution register



§ 1



This law regulates the following on directly applicable provision

Of the European communities "^ 1"), the integrated pollution register

the environment (hereinafter referred to as "the integrated pollution register") in the form of

a publicly accessible information system releases and transfer

substances whose outputs are part of the pollutant release and transfer

pollutants on the level of the European communities ^ 2).



§ 2



Integrated pollution register is hereby established as a publicly accessible

information system of public administration ^ 3), which leads the Ministry of

the environment (hereinafter referred to as "the Ministry").



§ 3



(1) the operator referred to in the regulation of the European Parliament and of the Council (EC)

No 166/2006 ^ 4) reports to the Ministry of



and) releases and transfers of pollutants and waste transfers by directly

Regulation of the European communities applicable ^ 5),



b) releases of pollutants exceeding their thresholds;

the Government shall determine by regulation the list of pollutants and their threshold

the values and



c) transfers of pollutants exceeding their thresholds

the values in the waste outside of the establishment, which arise directly or in direct

the context of the activities carried out by the device; the Government shall determine by regulation

list of pollutants and their threshold values.



(2) the operator of a business, which is a natural person or legal

the person operating the establishment, which consists of one or more

stationary technical units operated in one location, in

which is another activity than is set out in annex I to Regulation

The European Parliament and of the Council (EC) No 166/2006 of the ^ 1), or an activity with a lower

capacity than is listed in this annex, marks the releases and transfers

the polluting substances referred to in paragraph 1 and keep records of the data for

reporting in the manner referred to in the article. 5 (3). 5 of the regulation of the European

Parliament and of the Council (EC) No 166/2006 of the ^ 1).



(3) the information required for reporting into an integrated registry

the Government shall determine by regulation the pollution.



(4) the operator reports the information required under paragraphs 1 to 3 of the always

until 31 December 2006. March of the current year for the previous calendar year.



(5) reporting to the integrated pollution register is served in

electronic form through an integrated system of performance

reporting obligations in the field of the environment, or

via data boxes intended for the performance of the Department of

reporting obligations in the field of the environment, let it

the Ministry set up.



An integrated system for the fulfilment of reporting obligations in the field of

environment



§ 4



(1) there is hereby established an integrated system for the fulfilment of reporting obligations in the

the area of the environment, which is used for performance reporting

the obligations referred to in section 3 and in accordance with the specific legislation ^ 6) for other

capacity, establishes a special legal regulation ^ 9). An integrated system

fulfilment of the reporting obligations in the field of the environment leads

the Ministry.



(2) an integrated system of performance reporting obligations in the area of

the environment is the information system of public administration ^ 3) and is

part of a unified information system for the environment.



(3) the information reported through the integrated system performance

reporting obligations in the field of the environment, or

via data boxes intended for the performance of the Department of

reporting obligations in the field of the environment are to be transmitted

electronically, in the data published by the Ministry for each standard

reporting obligation.



(4) data standard for the transmission of data through an integrated

system of fulfilment of the reporting obligations in the field of the environment

or via data boxes intended for the performance of the Department of

reporting obligations in the field of the environment describes the for

individual obligation filled through data

the structure and the data format of the electronic document and the automated

control of the content of the submitted information.



(5) to the integrated system, the implementation of the reporting obligations in the area of

the environment shall enter the required body filling the seed

duty through designated electronic services.



(6) the condition for the use of an integrated system of performance reporting

obligations in the field of the environment or the data boxes

the Ministry intended to fulfil the reporting obligations in the area of

of the environment to the submission of the report is to the previous registration in the

implementation of the integrated system of reporting obligations in the field of

environment.



(7) the statutory body for the representation of the filling of the reporting

the obligation to prove the power of Attorney in electronic form, or the output of the

resulting from converting a power of Attorney in paper form authorized conversion

^ document 6a) by using the integrated system performance

reporting obligations in the field of the environment, or

via data boxes intended for the performance of the Department of

reporting obligations in the field of the environment.



(8) an integrated system of performance reporting obligations in the area of

environmental processes personal data.



Administrative offences



§ 5



(1) the operator referred to in section 3, paragraph 3. 1 is guilty of misconduct

by



and does not report the escape or transfer) of pollutants or waste transfers

pursuant to section 3,



(b)) shall, on fulfilment of the reporting obligations under section 3 of the incorrect information,

or



(c)) does not register data for reporting in accordance with the requirements of the right

applicable European Community regulation ^ 1).



(2) the operator referred to in section 3, paragraph 3. 2 the administrative tort

by



and does not report the escape or transfer) of pollutants or waste transfers

pursuant to section 3,



(b)) shall, on fulfilment of the reporting obligations under section 3 of the incorrect information,

or



(c)) does not register data for reporting in accordance with the requirements of section 3 (3).

2.



(3) for the administrative offence referred to in paragraph 1 or 2 shall be imposed to the 500

USD.



§ 6



(1) a legal person under the administrative tort does not match, if he proves that

made every effort, that it was possible to require that the infringement of the

a legal obligation.



(2) in determining the acreage of the fine legal person shall take into account the seriousness of the

the administrative tort, in particular to the way a criminal offence and its consequences, and

the circumstances under which it was committed.



(3) liability of legal persons for the administrative offence shall cease, if the

the administrative authority about him has commenced proceedings to 1 year from the date on which it

learned, but no later than 3 years from the day when it was committed.



(4) administrative offences under this Act shall discuss Czech inspection

the environment (hereinafter referred to as "the inspection").



(5) The liability for the acts, which took place in the business of physical

person ^ 7) or in direct connection with the applicable provisions of the Act

on the liability of legal persons and sanctions.



(6) income from fines of 50% falls into the budget of the municipality in which the land

It is operated by the activity of the operator, and this income is assigned to the specified

protection of the environment, and of 50% of the income of the State Fund

the environment of the Czech Republic.



The performance of State administration in the field of integrated pollution registry and

implementation of the integrated system of reporting obligations in the area of

of the environment



section 7 of the



The Ministry of



and reported to the data) publishes integrated pollution registry for

calendar year to 30. September of the following calendar year, on the portal

public administration ^ 8) and secures their transmission to the European Commission in the

accordance with the requirements of European Community regulation directly applicable

and in accordance with international obligations,



(b)) provides data transfer in the framework of an integrated system of performance

reporting obligations in the field of the environment to the public

the competent administration pursuant to specific legislation,



c) published on the portal of the public administration ^ 8) for at least six months before the

term of performance of the various reporting obligations data standard

for the transmission of data through an integrated system of performance

reporting obligations in the field of the environment,



(d) manages and co-ordinates methodologically) an integrated system of performance reporting

obligations in the field of the environment in relation to other

information systems of public administration in the field of the environment,



e) provides administrators with the information systems of the public administration in the area of

environmental information on the form and structure of the outputs of the
implementation of the integrated system of reporting obligations in the area of

of the environment.



§ 8



Inspection



and) checks the compliance with the obligation to register

pollution and keeping the information necessary for reporting to the

the integrated pollution register



(b)) shall decide on administrative offenses under section 5.



§ 8a



(1) the Ministry of the Interior or the police of the Czech Republic provides

the Ministry and the inspection of



and data from Basic) reference population register,



(b)) the data from the agendového information system of the population register,



(c)) the data from the agendového information system for foreigners.



(2) Information Provided pursuant to paragraph 1 (b). and) are



and, where applicable, names) the name, surname,



(b)) of the date, place and County of birth; for the data subject, who was born in

abroad, the date, the place and the State where he was born,



(c)) date and place of death; in the case of the death of the data subject outside the territory of the Czech

Republic, the date of death, place and the State on whose territory the death occurred;

If the decision of the Court on the declarations for the dead, the day which is in

decision given as the day of death or the day that the data subject

declared dead survived, and the date of the entry into force of this

the decision,



(d) the address of the place of stay)



e) citizenship, or more of State citizenship.



(3) Provided the information referred to in paragraph 1 (b). (b))



and, where applicable, names) the name, surname, maiden name,



(b)) of the date, place and County of birth; for the data subject, who was born in

abroad, the date, the place and the State where he was born,



(c) the social security number),



(d) the address of the place of residence),



e) citizenship, or more of State citizenship.



(4) the information Provided under paragraph 1 (b). (c))



and, where applicable, names) the name, surname, maiden name,



(b)) of the date, place and County of birth; for the data subject, who was born in

abroad, the date, the place and the State where he was born,



(c)), or more citizenship nationality,



(d)) kind of place of residence and address,



(e)) the beginning of the stay, where appropriate, the date of their stay.



(5) data that are kept as reference in the principal registry

the population recovered from the agendového information system registration

of the population or agendového information system for foreigners only if they are

in the shape of the previous status quo.



(6) the data provided can be used in a particular case only

such information, which are necessary to fulfil that task.



Transitional and final provisions



§ 9



(1) the operator referred to in section 3, paragraph 3. 1 fulfilling the obligation under

section 3 (3). 1 (a). and for the first time) for the year 2007 and the obligation under section

3 (3). 1 (a). (b)), and (c)) for the first time for the year 2009.



(2) the operator referred to in section 3, paragraph 3. 2 fulfils the obligation under

This law for the first time for the year 2009.



§ 10



Shall be repealed:



1. Government Regulation No. 368/2003 Coll. on integrated registry

the pollution.



2. Government Regulation No. 304/2005 Coll., amending Decree-Law No.

368/2003 Coll. on integrated pollution registry.



3. Decree No. 572/2004 Coll., laying down the form and method of leadership

registration documents necessary for reporting into an integrated registry

the pollution.



PART THE SECOND



Amendment of the Act on integrated prevention



§ 11



Act No. 76/2002 Coll. on integrated pollution prevention and control,

integrated pollution registry and amendment of certain laws (the law on the

integrated prevention), as amended by Act No. 521/2002 Coll., Act No.

437/2004 Coll., Act No. 695/2004 Coll., Act No. 444/2005 Coll. and act

No 222/2006 Coll., is hereby amended as follows:



1. In article 1 (1). 1 the words "and to set up and operate an integrated register

pollution of the environment "shall be deleted.



2. In article 1 (1). 2, points (c) and (d))) shall be deleted.



Letters e) to (g)) are renumbered as paragraphs (c) to (e)).)



3. In article 2, points (e)), i), and (l)) shall be deleted.



Letters f) to (h)) are referred to as the letters e) to (g)), the current

the letters j and k)) shall become letters (h)) and i) and the letter m)

is referred to as the letter j).



4. In the first section of title III, including title and footnotes.

up to 18 repealed.



5. In section 29, the letter i) is repealed.



Subparagraph (j)) and to) are known as letters i) and (j)).



6. In section 33 (a). (c)), the words "paragraph. 2 to 4 "are deleted.



7. In article 34 (b)) shall be deleted.



The present subparagraph (c)) to e) shall become letters (b)) to (d)).



8. In section 35 (b). (d)), the words "paragraph. 2 to 4 "are deleted.



9. In article 37, paragraph 1 shall be deleted.



Paragraphs 2 to 5 shall be renumbered as paragraphs 1 to 4.



10. In article 37, paragraph 4 reads:



"(4) in the administrative offence is imposed



to 1 0000 0000 Czk), with respect to the administrative offence referred to in paragraph 1,



(b)) to 7 0000 0000 CZK in the case of an administrative offence referred to in paragraphs 2 and 3. ".



11. In section 38, paragraph. 5, the words "2-4" is replaced by "1-3".



12. In section 47, paragraphs 1 and 2 shall be deleted and shall be deleted at the same time indication

of paragraph 3.



13. In section 47, the words "and article 25 paragraph. 1 "shall be deleted.



§ 12



The transitional provisions of the



The user registered the substance referred to in section 22 of the law on integrated

prevention, as effective until the date of entry into force of this Act,

the obligation to the extent provided for in section 22 of the law on integrated

prevention, as effective until the date of entry into force of this law, for the

year 2007 until 31 December 2007. in March 2008 and for the year 2008 to 31. March 2009;

the operator referred to in section 3, paragraph 3. 1 (a). and the law on integrated registry)

the pollution of the environment and the implementation of the integrated system

reporting obligations in the field of the environment and amending

Some laws shall carry out the obligation as a registered user

agents only to the extent that it exceeds the reporting obligation under the

Regulation of the European Parliament and of the Council (EC) No 166/2006

establishes a European pollutant release and transfer of pollutants and which

the Council amending Council Directive 91/689/EEC and 96/61/EC.



PART THE THIRD



The change of the Water Act



section 13



In section 126 of the Act No. 254/2001 Coll. on waters and on amendment to certain laws

(the Water Act), as amended by Act No. 76/2002 Coll., Act No. 186/2006 Coll.

Act No. 222/2006 Coll., the following paragraph 6 is added:



"(6) the obligation to declare to authorities or authorized vodoprávním

entities pursuant to section 10, paragraph 1. 1, section 22, paragraph. 2, § 38 paragraph. 3, § 88, paragraph. 5

and 10, section, paragraph 93. 1 and section 94, paragraph. 1 shall be implemented through the integrated

system of fulfilment of the reporting obligations in the field of the environment

under the law on integrated pollution registry and

implementation of the integrated system of reporting obligations in the field of

environment and amending some laws. ".



§ 14



Transitional provisions



1. required bodies filling the obligation specified in § 126, paragraph.

6 of Act No. 254/2001 Coll. on waters and on amendments to certain acts (the water

the text of the Act), effective from the date of entry into force of this Act, which

they are also required to fulfil the obligation of the operator according to

Regulation of the European Parliament and of the Council (EC) No 166/2006 and in accordance with the law on the

integrated pollution registry and integrated

system of fulfilment of the reporting obligations in the field of the environment and

on the change of certain acts, be reported to the information required by

implementation of the integrated system of reporting obligations in the area of

the environment for the first time for the year 2009.



2. The obligatory subjects performing the obligation specified in § 126, paragraph.

6 of Act No. 254/2001 Coll. on waters and on amendments to certain acts (the water

the text of the Act), effective from the date of entry into force of this Act, which

are operators of activities referred to in annex I to the regulation of the European

Parliament and of the Council (EC) No 166/2006 and are not involved in the integrated

system of fulfilment of the reporting obligations in the field of the environment

referred to in point 1, shall declare the mandatory information through an integrated

system of fulfilment of the reporting obligations in the field of the environment

for the first time for the year 2010. When reporting the required data for the year 2008 and 2009

proceed according to the existing legislation.



3. The obligatory subjects performing the obligation specified in § 126, paragraph.

6 of Act No. 254/2001 Coll. on waters and on amendments to certain acts (the water

the text of the Act), effective from the date of entry into force of this Act, which

they are not involved in the implementation of the integrated system of reporting obligations

in the field of the environment in accordance with section 1 or 2, shall declare the mandatory

information through an integrated system of performance reporting

obligations in the field of the environment for the first time for the year 2011. When

mandatory reporting of data for the year 2008 to 2010, according to the

the existing legislation.



PART THE FOURTH



cancelled



§ 15



cancelled



section 16 of the



cancelled



PART THE FIFTH



Amendment of the Act on waste



§ 17



In § 82 of Act No. 185/2001 Coll., on waste and amending certain other

laws, as amended by Act No. 76/2002 Coll., Act No. 188/2004 Coll. and act

No 222/2006 Coll., the following paragraph 3 is added:



"(3) the reporting or notification requirement to public authorities in the

the waste management under section 16(1). 1 (a). (g)), section 18, paragraph.
1 (a). (j)), section 19, paragraph. 1 (a). (e)), section 20 (a). (e)), § 37a paragraph. 4 (b).

(b)) § 37b, paragraph. 1 (a). (g)), section 37 c of paragraph 1. 1 (a). (h)), section 37, paragraph. 2, §

37l paragraph. 3 (b). (e)), section 38, paragraph. 10 and § 39, paragraph. 2, 3, 5 and 8 shall be fulfilled

through an integrated system of performance reporting obligations in the

the area of the environment in accordance with the law on integrated registry

the pollution of the environment and the implementation of the integrated system

reporting obligations in the field of the environment and amending

some of the laws. ".



section 18



Transitional provisions



1. required bodies filling the obligation set out in section 82, paragraph.

3 of Act No. 185/2001 Coll., on waste and amending certain other

law, in the version effective as from the date of entry into force of this Act, which

they are also required to fulfil the obligation of the operator according to

Regulation of the European Parliament and of the Council (EC) No 166/2006 and in accordance with the law on the

integrated pollution registry and integrated

system of fulfilment of the reporting obligations in the field of the environment and

on the change of certain acts, be reported to the information required by

implementation of the integrated system of reporting obligations in the area of

the environment for the first time for the year 2009.



2. The obligatory subjects performing the obligation set out in section 82, paragraph.

3 of Act No. 185/2001 Coll., on waste and amending certain other

law, in the version effective as from the date of entry into force of this Act, which

are operators of activities referred to in annex I to the regulation of the European

Parliament and of the Council (EC) No. 166/2006, and are not involved in the integrated

system of fulfilment of the reporting obligations in the field of the environment

referred to in point 1, shall declare the mandatory information through an integrated

system of fulfilment of the reporting obligations in the field of the environment

for the first time for the year 2010. When reporting the required data for the year 2008 and 2009

proceed according to the existing legislation.



3. The obligatory subjects performing the obligation set out in section 82, paragraph.

3 of Act No. 185/2001 Coll., on waste and amending certain other

law, in the version effective as from the date of entry into force of this Act, which

they are not involved in the implementation of the integrated system of reporting obligations

in the field of the environment in accordance with section 1 or 2, shall declare the mandatory

information through an integrated system of performance reporting

obligations in the field of the environment for the first time for the year 2011. When

mandatory reporting of data for the year 2008 to 2010, according to the

the existing legislation.



PART SIX



Amendment of the Act on packaging



§ 19



In section 15, paragraph. 1 Act No. 477/2001 SB., on packaging and on the amendment of certain

laws (law on the packaging), as amended by law No 66/2006 Coll., on the end of the

the text of the letter b), the words "through the integrated system

fulfilment of the reporting obligations in the field of the environment according to

the law on integrated pollution registry and

implementation of the integrated system of reporting obligations in the field of

environment and amending some laws ".



section 20



The transitional provisions of the



The person to whom the obligation to enroll in the list of persons, which

they are bearers of the obligation to return or recovery of waste from packaging

under section 14 of Act No. 477/2001 SB., on packaging and on amendments to certain laws

(law on the packaging), in the version effective as from the date of entry into force of this

the law, first obligation through an integrated

system of fulfilment of the reporting obligations in the field of the environment for the

the year 2011. When reporting the required data for the year 2008 to 2010

in accordance with the existing legislation.



PART SEVEN



The EFFECTIVENESS of the



section 21



This Act shall take effect on the date of its publication.



Vaidya in the r.



Klaus r.



Topolanek in r.



1) European Parliament and Council Regulation (EC) No 166/2006 of 18 May 2006.

in January 2006, which establishes a European pollutant release and transfer

pollutants and amending Council Directive 91/689/EEC and

96/61/EC.



2) Article. 1 regulation of the European Parliament and of the Council (EC) No 166/2006.



3) section 3 of the Act No. 365/2000 Coll., on public administration information systems

and amending certain other acts, as amended.



4) Article. 2 point 6, article. 5, article. 9 (2). 1 and annex I to the regulation of the European

Parliament and of the Council (EC) No 166/2006.



5) Article. 5 and 9 (2). 1 annex II regulation of the European Parliament and of the Council

(EC) No 166/2006.



6) Act No. 86/2002 Coll., on the protection of the atmosphere and some of the other

laws (the law on the protection of the atmosphere), as amended.



Act No. 185/2001 Coll., on waste and on amendments to certain other laws,

in the wording of later regulations.



Act No. 477/2001 SB., on packaging and on the amendment of certain laws (the law on the

packages), as amended.



Act No. 254/2001 Coll. on waters and on amendments to certain acts (the water

Act), as amended.



6a) section 22 of Act No. 300/2008 Coll., on electronic acts and

automated conversion of documents, as amended by Act No 190/2009 Sb.



7) § 2 (2). 2 of the commercial code.



8 § 2 (b)). q) Act No. 365/2000 Coll., as amended by Act No 81/2006 Sb.



9), for example, Act No. 185/2001 Coll., on waste and amending certain

other laws, as amended.