About The Details Of The Implementation Of The Take-Back Of Tires

Original Language Title: o podrobnostech provádění zpětného odběru pneumatik

Read the untranslated law here: https://portal.gov.cz/app/zakony/download?idBiblio=84723&nr=248~2F2015~20Sb.&ft=txt

248/2015 Sb.



DECREE



of 23 December 2003. September 2015



about the details of the implementation of the take-back of tires



Ministry of the environment shall establish in accordance with § 38 paragraph 1(a). 11, section 38b

paragraph. 11, § 38d para. 6 and section 38e para. 9 of Act No. 185/2001 Coll.

waste and amending certain other acts, as amended by Act No.

188/2004 Coll., Act No. 169/2013 Coll. and Act No. 223/2015 Coll. (hereinafter referred to

"the Act"):



§ 1



The subject of the edit



This Decree lays down the



and the design pattern) entry in the list of persons in the area of reverse

collection of tyres (hereinafter referred to as "list of obliged entities"),



(b)) model applications for permission to operate collective system,



(c)) the contents of the annual reports on implementation of the obligations of the take-back of the tires for the

the previous calendar year,



(d) details of the method execution) taking back tires and



e) financing conditions return tires and waste

waste tyres in the collective performance of the obligations.



§ 2



The design pattern on the entry on the list of the obliged entities



Mandatory person pursuant to § 38 paragraph 1(a). 3 of the Act, which sets on the market of tyres

or vehicles, which include tyres, serves for registration

to the list of obliged entities on a form, a specimen of which is given in annex

No 1 to this notice.



§ 3



Model application for issue of permission to operate collective system



Model application for issue of permission to operate collective system is

listed in annex 2 to this Decree.



§ 4



The contents of the annual reports on implementation of the obligations of the take-back of the tires for the

the previous calendar year



The annual report on the implementation of the obligations of the take-back of tires for the past

calendar year contains



and in the case of) a natural person, the name or names, and surname or

business name, address and identification number of the person, if it was

allocated,



(b)) in the case of a legal person, company or business name, legal form,

the address of the registered office and identification number of the person, if it has been allocated, the



c) period (calendar year), for which the message is processed,



(d)) of the table in the range and with the particulars referred to in annex 3 to this

the decree and the



(e)) the name or name, surname and contact details of the person who

the message to process.



§ 5



How to perform the take-back of tires



When the sampling of the tyres must be secured, that backward taken

the tires will be all the time on Assembly

places or in the Assembly of transport up to the moment of their

the handover of the person authorized to use or delete protected from

the theft or unwanted spoilage, in a manner consistent

needs and possibilities in a given time and place.



§ 6



Funding conditions for the take-back and disposal of waste tires

the tyres when the collective performance of the obligations



(1) the operator of a collective system of fixed the amount of the contribution to the

ensure the operation and financing of the take-back of used tyres,

processing and utilization of waste tyres and information campaigns,

in order to ensure coverage of all the financial risks, including the risk of

the demise of the obliged entities with which it has concluded a contract on the joint performance.



(2) the operator of a collective system provides a way for BB to post

under section 38e para. 3 of the Act, and in particular the time period for which the

post conveyed, its maturity, and the method of determining the rate of contribution

the current amount of the contribution required of the person.



(3) the payment of a contribution to the authorised collective system operator

It is considered that the person required to ensure coverage of all financial

the risks associated with the collection of used tyres and the processing and

using waste tires.



(4) the amount of the contribution required of a person shall be determined as a multiple of the amount of

kilograms of tires on the market listed mandatory person in a time period

provided for under paragraph 2, and the rate of contribution.



(5) the rate of contribution is determined with regard to the amount of expected

the cost of the retroactive collection, processing and usage of one kilogram

tires and a share of the information campaigns about the obliged entities attributable

for every kilogram of tyres.



§ 7



Transitional provisions



(1) the annual report on the implementation of the obligations of the take-back of tires per year

2015 shall be drawn up in accordance with section 2 of Decree No. 465/2013 Coll., on the establishment of the model

application for registration in the list of persons in the area of mandatory take-back

tires and the content of the annual reports on implementation of the obligations of the take-back

tyres.



(2) the provisions of § 4 of this order shall be used for the first time on the processing of the annual

reports on implementation of the obligations of the take-back of tires for the year 2016.



§ 8



Regulation (EEC)



Decree 465/2013 Coll., establishing a model application for registration in the list of

the obliged entities in the field of the return of the tyres and the content of the annual

reports on implementation of the obligations of the take-back of the tyres, is hereby repealed.



§ 9



The effectiveness of the



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



Minister:



Mgr. Vratislav Brabenec in r.



Annex 1



The design pattern on the entry on the list of the obliged entities in the area of reverse

collection of tyres



Explanatory notes

:



Attachment no 1 of the obliged entities shall apply for the purposes of the submission form

the application for registration or for notification of changes to the data referred to in writing to

List of obliged entities. For the purpose of notification of changes to the data referred to in

write to the List of required people to form always fills in the volume

lines 1 to 7 and only the data that has changed.



Lines 8 through 11-filled with the names of the attachments, always in a line to the prescribed

the requested data. Instead of a name can refer to a number of the attachment. Details

required in the lines 9 through 11 can be processed into common attachments with

a breakdown according to the requirements listed on separate lines.



Line 9-putting the manner of taking back used tyres

under section 38 (a) of paragraph 1. 3 of the Act, a description of the logistics of the return, including

the shipping method, the method of cooperation with municipalities, measures to

the fulfilment of the conditions of availability of places take-back due to the density of the

the sales network of the tyres, and regardless of the mark, the current list of

take-back locations and projected development plan system

subscription, etc.



Line 10-description ensure the treatment and recovery of waste tyres

Overview of processing plants, their qualification and qualitative

assumptions, the activity of the processing plants, facilities and equipment

the contract with the devices.



Line 11-content information for the last dealer and end user,

the way in which they will be informed of the last sellers and end users,

and a link to the website where the list of places the reverse

the subscription.



Line 16-registration number mandatory people (12 characters) will be allocated in the

the form: sequence number (5 digits)/the last two digits of the calendar

year-PCZ, where P denote the tyres (for instance 00001/14-PCZ).



Annex 2



Model application for issue of permission to operate collective system



Explanatory notes

:



Attachment no. 2 it's the collective system operator as a form

for the purposes of filing an application for the issue of permission to engage in collective

System (article 38d, paragraph 1, of the Act) or for notification of changes to the data referred to

in the application for authorisation to operate collective system (section 38d

paragraph. 3 of the Act). For the purpose of notification of changes to the data referred to in the application for

release permission to operate collective system on a form

always fills the volume lines 1 to 9 and only those details that are

have changed.



Explanatory notes to part II.



Rows 10 to 19-fill out the names of the attachments, always in a line to the prescribed

the requested data. Instead of a name can refer to a number of the attachment. Details

required in rows 10 to 19 can be processed in the joint annex

with a breakdown according to the requirements listed on separate lines.



Description of the technical, organisational and financial measures

provide a common implementation of the obligations of the obliged entities when the subscription

used tyres, processing and utilization of waste tyres



Line 10-contains a description of the logistics of taking back used tyres

including the shipping method, the method of cooperation with municipalities, measures to

the condition is the availability of places, the current list of take-back locations

take-back and plan envisaged the development of take-back

(mandatory in the first year of issue), design, how collaboration with the

persons, ensuring the common implementation.



Line 11-ways of processing of waste tires (with an overview of contract

the secured processing plants, their qualification and

qualitative assumptions, the main activity of the processing plants,

used equipment).



Description of the method, and provide information to the end user and the last

dealer



Line 12-content information for the last dealer and for municipalities, way

they will be informed latest vendors and end users, and link

on a Web page, where you will find a list of places take-back

tires, a description of the information campaigns (the medium used, the frequency, the number of

citizens affected by the campaign, the amount of resources dedicated to the binding

financing information campaigns).




A detailed description of the financial security of common obligations

the obliged entities in individual years of validity of the permission and documents

proving its veracity



Line 16-description of the method (methodology), which will be followed when calculating

the amount of the contribution of the obliged entities with which the operator of a collective

the system has signed a contract on joint implementation. It is reported the method of removal

the post and its maturity, the period for which the allowance is levied, the rate

the post and the method of determining the current amount for each species

tyres.



Line 17-description of the method (methodology), which will be followed when calculating

the amount of the contribution of the obliged entities with which the operator of a collective

the system has signed a contract on the joint performance and that States the tire on the

the market as part of the functional unit (along with the vehicle).



Line 18-a description of how the management of the contribution to joint implementation,

for example, the payment collection points provided, svozovým companies, processors,

ensure the information obligations, putting administrative costs

the system. The cost structure is mandatory for first-year permission to

operation of a collective system.



Line 19-tools implementation of the control with a contribution to the

joint implementation, in order to prevent the use of the contribution for other purposes,

than that to which it is intended. Presenting the plan to the take-back of used

tyres and financing their processing and utilization for the period

not more than 5 years. The extent of control by the obliged entities

involved in the collective system.



Lines 31 to 33 do, is used for the records of the Ministry.



Row 33-the registration number of the operator (collective system 12

characters) will be allocated in the form of: the letter "K" and the serial number of the registration

(4 places)/the last two digits of the calendar year-PCZ, where P stands for

tires (for example, K0001/14-PCZ).



Annex 3



The annual report on the implementation of the obligations of the take-back of tires



Explanatory notes

:



In the "party of no" shall indicate the order of parties out of a total ' fill-in '

the number of sides.



In the section "the total number of Parties reporting" is the number of all parties,

that the annual report contains, i.e.. the sum of all of the parties filled in to

each of the tables. This number should be the same as the number referred to

on the last page of the order in the table # 3.



Data in tables are expressed in tonnes to three decimal places.



Registration number of the obliged entities-list-enter the number assigned to the

the Ministry (in the form specified in annex No. 1) on the basis of the decision on the

write to the List of obliged entities in the field of the return of the tyres.

Not applicable in the case of the fulfilment of obligations by the operator

the collective system.



The registration number of the operator system-list-enter the

number assigned by the Department (in the form specified in annex No. 2) on the basis of

issue of permissions to operate collective system.



IČZÚJ-fills with the identification number of the basic territorial unit of the municipality,

in which the registered office of the person/collective operators required

the system. It is reported by the single dial municipalities of the CZECH REPUBLIC issued by the Czech

the Statistical Office.



In the event that the annual report serves a collective system operator,

It is reported in tables 1 and 2 of the total figures for all obliged entities

fulfilling its obligations through the operator

collective system in the required breakdowns.



To table 1

:



The quantity of tires marketed-the quantity of tires

actually put on the market in the Czech Republic within the meaning of § 4 para. 2 (a).

and) Act, regardless of whether they are of own production, imported from the

non-Member States of the EU, or transported from the Member States of the EU.



The values shown in the table must correspond to the following equation:



custom production + imports-exports = put on the market in the Czech Republic



For the purposes of this equation in the import means the importation within the meaning of § 4 para. 2

(a). (c)) of the Act and putting tires acquired from another Member

State of the EU on the market in the Czech Republic and the exportation of the means how to export to countries outside the EU, so

the placing on the market in another EU Member State.



The obliged entity included in the quantity of tyres placed on the market

the tires that were passed to the vehicle manufacturers, to be together with the

the vehicle listed on the market in the Czech Republic or in a Member State of the EU or

exported to a country outside the EU. The tires that are placed on the market in the Czech Republic

along with the vehicle, be included in the quantity of tyres placed on the market

the obliged entity, that such a vehicle on the market in the Czech Republic.



The level of the take-back-is a percentage of the total weight of the

tires collected in the framework of the return in a given calendar year

required by a person or persons with whom the operator of collective

the system has signed a contract on joint implementation, to the total weight

the tyres referred to by the person or persons liable on the market in the same

calendar year.



The treatment shall be retrospectively collected the tyres-it is reported the total

the amount with which it was handled. Encoding methods of handling lists

According to the table set out in annex No. 20 of Decree No 383/2001 Sb.



The amount of waste transferred from last year-conversion of a warehouse at 31.

December of the previous year-indicate the quantity used

the tires, which have remained in the warehouse from the previous year C00.



Reuse-the sum of the quantities referred to under the codes of the N8, N15.



Material utilization-the sum of the quantities referred to under R3, R4, R5,

R11, N1, N7, N10, N17.



Energy recovery-the quantity referred to under code R1.



The removal of combustion-the quantity referred to under code D10.



Other means of disposal-other ways of dealing with reverse

taken from the tyres, if it has not been handled with them ways

specified in table 1; You can use the codes for the management of waste as

table in annex No. 20 Decree No. 383/2001 Coll., in addition to codes

R2, R6, R7, R8, R9, R10, D1, D2, D3, D4, D5, D8, D12, N2, N13, N14, N9,

N18.



The inventory balance at 31 December 2002. December reporting year-total

the quantities referred to under codes R13, D15, N5.



To table 2

:



In column 1 loading codes-lists according to the table of waste management

(annex No. 20 of Decree No. 383/2001 Coll.) by actually carried out

each partner of the waste referred to in column

3.



2-column lists the total quantity of waste by

the waste referred to in column 1 and the partners referred to in

column # 3 to which the waste was passed. The quantity is expressed in tonnes to three

decimal places.



In column 3-partner means a natural person authorized to do business

or legal person (including foreign persons), which was retroactively

removed tire passed for re-use or further

loading.



When the delivery of the waste, where the partner is the owner of the plant according to § 14

paragraph. 1 or 2 of the Act, States and the identification number of the device (IČZ)

allocated to the regional authority. In the case of export or shipment

waste code of the State according to the standard ISO-3166 codes for country names,

section 1, 2 and the name of the State of export or the cross-border transport.



To the table No 3

:



Line 1-the list of places the take-back of waste tires-if

the required person or the operator of a collective system exposes and

keep up to date a list of places to return, it is only

information about where and how this list is published. Otherwise,

It is necessary to include in the annex a complete and up-to-date list of places the reverse

the subscription.



Line 4-list of the obliged entities with which the operator of a collective

the system has signed a contract on the joint performance-only person, that

It was given permission to operate collective system under section 38d

the law. List of required people contains data at least to the extent section 38b

paragraph. 8 (a). a) and b) of the Act and the registration number assigned to the mandatory

the person of the operator of a collective system.



Line 5-the annex presents only the operator of a collective

system, which provides a common implementation of the obligations of the obliged entities

under section 38 (a) of paragraph 1. 3 (b). (b)) of the Act. An overview of the management of the operator

the collective system for the previous calendar year shall be attached to the annual

even if the report has not yet been accounts of operators

collective system audited and approved by

authority in accordance with the law No. 563/1991 Coll., on accounting, as amended by

amended. It is sufficient if it is handled in this overview

the structure of the profit and loss account in accordance with the Act on accounting, which

part of the financial statements of the operator of a collective system. Additionally,

Appends a table showing costs and benefits related to the

ensuring the fulfilment of the obligations of the obliged entities with which the operator

collective system has signed a contract on the joint fulfilment thereunder

pattern.



Line 6-other attachments-attachment may be given, for example,

comment by characterizing the main problems in complying with the obligation

Subscribe to the tires, or other comments to the message.



To a separate annex of the annual report

:



-The costs and revenues associated with ensuring compliance with the obligations


the obliged entities with whom the operator has entered into a collective system

the joint fulfilment agreement (table)



It is reported the percentage of costs, respectively, of the proceeds relating

the individual items of the total costs, respectively, the proceeds

operator of the collective system for the previous calendar year.



In the case of total accounting complex services for the collection, storage,

treatment, recovery and removal of tyres shall indicate only the share of

the total cost to ensure the take-back and disposal

pneumatic tyres, or in addition to the share of the total cost shall be specified in

each child fields share their respective costs based on

a qualified estimate. The sum of these items must be equal to the said

the proportion of the total costs to ensure the take-back and disposal

tyres.



Under the heading "Additional comment", indicating the operator system

For more information from the management of funds intended for the financial

ensure fulfilment of the obligations of the obliged entities with which it has concluded a contract

the joint fulfilment (e.g. scheme of financial flows, the revision of the methodology for the

the calculation of the contribution of the obliged entities to ensure the operation and financing of the

collecting, processing and use of the tires, the information about the processing of

and the use of waste tyres and information campaigns and the way levy

the contribution, if the methodology has changed, and the scale of contributions, etc.).