On Shipments Of Waste And Amending The Waste Catalogue

Original Language Title: o přepravě odpadů a o změně Katalogu odpadů

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Read the untranslated law here: https://portal.gov.cz/app/zakony/download?idBiblio=67469&nr=374~2F2008~20Sb.&ft=txt

374/2008 Sb.



DECREE



of 3 July 2003. October 2008



on shipments of waste and amending Decree No. 381/2001 Coll., laying down the

Waste catalogue, a list of hazardous wastes, and the lists of wastes and the States for

the purpose of export, import and transit of waste and the procedure for granting consent

export, import and transit of waste (waste catalogue), as amended by

amended



Ministry of the environment shall establish in accordance with § 24 para. 3 and § 55

paragraph. 2 Act No. 185/2001 Coll., on waste and amending certain other

laws, as amended by Act No 188/2004 Coll. and Act No. 34/2008 Coll. (hereinafter referred to

"the Act"):



PART THE FIRST



§ 1



Introductory provisions



This Decree regulates the following a directly applicable regulation

European Community waste shipment ^ 1) (hereinafter referred to as "directly

the applicable prescription ") the scope of the information and documentation referred to in part 3

Annex II for the individual modes of transport and identification of motor vehicle

transporting the waste.



§ 2



Designation of motor vehicles transporting waste



(1) motor vehicles transporting the waste after the publicly available

the road must be marked with two rectangular reflective

White warning tables on 40 cm width, and a height of at least 30 cm with

Black says "and" the height of 20 cm and a thickness of 2 cm. Reflective

properties of alert tables must meet the requirements of the certification

Regulation of the United Nations Economic Commission for

signs of heavy and long vehicles and their trailers, and during the

the transport must be visibly placed front and rear on the vehicle perpendicular to the

its longitudinal axis. For combinations of the rear table must be attached

on the back of the trailer.



(2) the warning plates must be attached to the vehicle so as to

service of vehicles to avoid their own relief, while

do not cover the other mandatory marking of vehicles, lighting and tables

license plate.



(3) paragraph 1 shall not apply to vehicles of M1 and N1 ^ 2).



§ 3



Shipments of waste not included on the green list from the United States to

another EU country or export from the United States to third countries



(1) when a shipment of waste not included on the green list from the United

the Republic in another EU country or export from the United States to third countries

of part 3 of annex II directly applicable legislation requires

documentation and information referred to in paragraphs 7, 8, 10, 11 and 12.



(2) in accordance with point 2 of part 3 of annex II to the regulation directly applicable

further requires



and a copy of the extract from the commercial) register corresponding to the State, the notifier

When the contract was signed under art. 5 directly applicable legislation



(b)) document proving ownership of the waste, which is



1. a copy of the consent to the handling of hazardous waste issued by

the notifier pursuant to § 16 para. 3 of the Act or the integrated permission according to the

special legal regulation ^ 3), where the waste is produced in the activities

the Notifier is assigned the category of hazardous waste,



2. the Declaration of the notifier that the waste category other arises

in its activities and that, in the cases referred to in article 12(2). 22 and 24 directly applicable

the regulation has provided premises for the storage of returned waste, or



3. a copy of the consent granted by the notifiers in accordance with § 14 of the law to

operation of the device, including a copy of the relevant operating regulations equipment

or integrated permits under a special legal regulation ^ 3),

If the waste does not arise in the activities of the notifier,



c) address a stationary store at which waste will be stored before

the start of cross-border transport, and address a stationary store in the United

Republic, to which the waste was returned in the cases under art. 22 and 24

directly applicable legislation



d) documents referred to in letters and) and (b)) of the operators of warehouses as referred to under

(c)), if the operator is not the notifier, e) copy

the contract between the notifier and the operator of warehouse referred to in

(c)) of the deposit of the waste before the start of the cross-border transport,

If the warehouse operator is not the notifier,



(f)) a copy of the contract between the notifier and the operator of warehouse

under (c)) to provide the surplus capacity in the warehouse, the corresponding

the least amount of waste shipped, which covers the financial guarantee

under article 6 of the regulation, directly applicable in cases under art. 22 and

24 directly applicable legislation, if the warehouse operator is not

the notifier and



(g)) the data and documents necessary for calculating the financial guarantee according to art. 6

paragraph. 1 directly applicable regulation.



§ 4



Shipments of waste mentioned in the green list from the Czech Republic to the

the Member States, subject to the transitional provisions pursuant to art. 63

directly applicable legislation



(1) when a shipment of waste on the green list provided from the United States

in the Member States, subject to the transitional provisions pursuant to art.

63 directly applicable provision of section 3 of annex II requires

documentation and information referred to in paragraphs 7, 8 and 12.



(2) in accordance with point 2 of part 3 of annex II to the regulation directly applicable

further requires



and a copy of the extract from the commercial) register corresponding to the State, the notifier

When the contract was signed under art. 5 directly applicable legislation



(b)) document proving ownership of the waste, which is



1. the Declaration of the notifier that the waste category other arises

in its activities and that, in the cases referred to in article 12(2). 5 (3). 3 (b). and) directly

the applicable prescription has provided premises for the storage of the returned

waste if the waste is produced in the activities of the notifier, or



2. a copy of the consent granted by the notifiers in accordance with § 14 of the law to

operation of the device, including a copy of the relevant operating regulations equipment

or integrated permits under a special legal regulation ^ 3),

If the waste does not arise in the activities of the notifier,



c) address a stationary store at which waste will be stored before

the start of cross-border transport, and address a stationary store in the United

Republic, to which the waste was returned in the cases under art. 5 (3).

3 (b). and directly applicable) legislation and identifying information about his

the operator,



(d)) a copy of the contract between the notifier and the operator of warehouse

under (c)) of the deposit of the waste before the start of the cross-border transport,

If the warehouse operator is not the notifier, and e), copy of the contract between the

by the developer and operator of warehouse referred to under (c))

ensure warehouse for cases referred to in article. 5 (3). 3 (b). and) directly

the applicable prescription, if the operator of the warehouse is not the notifier.



§ 5



Shipments of waste into the Czech Republic to material usage



(1) when transporting the waste to the United States to use the material from the

Part 3 of annex II directly applicable legislation requires documentation and

the information referred to in points 7, 8, 9 and 12.



(2) in accordance with point 2 of part 3 of annex II to the regulation directly applicable

further requires



and a copy of the extract from the commercial) register of the corresponding State, when the recipient

a contract was signed under art. 5 directly applicable legislation



(b)) document proving that the recipient is entitled to make use of waste in

It operated the device, which is



1. a copy of the consent granted pursuant to § 14 para. 1 of the law to operate a

establishment and a copy of the operational order or its corresponding part, or



2. a copy of the integrated permit under special legislation ^ 3)

including rules, where appropriate, the relevant parts of these documents, or



3. a copy of the information transmitted under § 39 para. 3 of the Municipal Council of the municipality

with extended competence by the operator of the device, which is powered by:

According to § 14 para. 2 of the Act,



(c) information on the means of ensuring) financial guarantees according to art. 6 directly

the applicable prescription and



d) information about the current annual operating capacity of the equipment referred to under

(b)) with regard to the waste to be transported into the United

of the Republic.



§ 6



Shipments of waste to the United States to energy recovery



(1) when transporting the waste to the United States to the energy use of

Part 3 of annex II directly applicable legislation requires documentation and

the information referred to in points 7, 8, 9 and 12.



(2) in accordance with point 2 of part 3 of annex II to the regulation directly applicable

further requires



and a copy of the extract from the commercial) register of the corresponding State, when the recipient

a contract was signed under art. 5 directly applicable legislation



(b)) document proving that the recipient is entitled to make use of waste in

It operated the device, which is



1. a copy of the consent granted pursuant to § 14 para. 1 of the law to operate a

establishment and a copy of the operational order or its corresponding part, or



2. a copy of the integrated permit under special legislation ^ 3)

including rules, where appropriate, the relevant parts of these documents,



c) report on the outcome and the course of combustion tests,



(d) the authorisation of the competent authority) air protection for incineration or

co-incineration of waste under special legislation ^ 4),



e) for information about how to ensure financial guarantees according to art. 6 directly

the applicable prescription and



f) information about the current annual operating capacity of the equipment referred to under


(b)) with regard to the waste to be transported into the United

of the Republic.



§ 7



Shipments of waste for interim recovery and subsequent other than a preliminary

in the Czech Republic



(1) when a shipment of waste for interim recovery and subsequent other than

interim recovery in the Czech Republic is in part 3 of annex II directly

of the applicable legislation requires documentation and information referred to in paragraphs 7, 8,

9 and 12.



(2) the documentation and information referred to in point 9 of part 3 of annex II directly

the applicable prescription is required for the device to an interim recovery and

for devices other than an interim recovery in the Czech Republic.



(3) in accordance with point 2 of part 3 of annex II to the regulation directly applicable

further requires



and a copy of the extract from the commercial) index of the recipient and the operator of each

the subsequent preliminary device usage and non-interim recovery

the corresponding State, when a contract was signed under art. 5 directly

the applicable prescription



(b)) document proving that the consumer and the operator of each subsequent

equipment for interim recovery and non-interim recovery is entitled to

make use of waste in facilities operated by the device, which is



1. a copy of the consent granted pursuant to § 14 para. 1 of the law to operate a

establishment and a copy of the operational order or relevant components thereof,



2. a copy of the integrated permit under special legislation

including rules, where appropriate, the relevant parts of these documents, or



3. a copy of the information transmitted under § 39 para. 3 of the Municipal Council of the municipality

with extended competence by the operator of the device, which is powered by:

According to § 14 para. 2 of the Act,



c) report on the outcome and the course of combustion tests in the case that

downstream equipment for non-interim recovery is a device for

energy utilization,



(d) the authorisation of the competent authority) air protection for incineration or

co-incineration of waste under special legislation ^ 4) in the case

that followed a device for non-interim recovery is a device for

energy utilization,



e) for information about how to ensure financial guarantees according to art. 6 and any

additional financial guarantees according to art. 6 (1). 6 directly applicable

prescription and



f) information about the current annual operating capacity of the equipment referred to under

(b)) with regard to the waste to be transported into the United

of the Republic.



§ 8



Common provisions



From the documentation and information requested in the carriage of waste in accordance with § 3

up to 7 is not required



and) chemical analysis referred to in point 7 of part 3 of annex II directly applicable

Regulation, if the composition of the waste from the information and documentation referred to in

item 16 of part 1 or point 8 of part 3 of annex II directly applicable

prescription,



(b) a description of the process) of waste referred to in point 8 of part 3 of annex II directly

the applicable regulation, where it is clear from the information and documentation referred to in point

16 part 1 of annex II to the regulation directly applicable.



§ 9



Shipments of waste from a third country



When transporting the waste to the United States from a third country is in part 3

Annex II directly applicable legislation requires documentation and information

According to § 5, 6 and 7 and further information and documents needed to calculate the financial

guarantees referred to in article 14(2). 6 (1). 1 directly applicable provision

The Ministry of the environment, pursuant to § 57 para. 2 of the Act does not provide for

the amount itself.



§ 10



Transit shipments of waste through the territory of the Czech Republic



When the waste shipment in transit through the territory of the Czech Republic is required

the documentation referred to in section 12 of part 3 of annex II directly applicable

prescription.



PART TWO



§ 11



Amendment to Decree No. 381/2001 Coll.



In the Decree No. 381/2001 Coll., laying down the waste catalogue, list of

hazardous waste and waste lists and States for the purpose of export, import and

transit of waste and the procedure for granting consent for the export, import and

transit of waste (waste catalogue), as amended by Decree No 503/2004 Coll. and

Decree No. 168/2007 Coll., section 5 and Appendix 3 shall be deleted.



PART THREE



§ 12



The effectiveness of the



This Decree shall enter into force on 1 January 2000. November 2008.



Minister:



RNDr. "in r.



1) European Parliament and Council Regulation (EC) No 1013/2006 of 14 December.

June 2006 on shipments of waste.



2) Act No. 56/2001 Coll., on conditions for the operation of vehicles on the road

roads and on the amendment of the Act No. 168/1999 Coll., on liability insurance

for damage caused by operation of the vehicle and amending certain related

laws (the law on the liability insurance of the vehicle), as amended by

Act No. 309/1999 Coll.



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

on the integrated pollution registry and amending some laws (law

on 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., Act No.

222/2006 Coll. and Act No. 25/2008 Sb.



4) § 17 para. 2 (a). c) of Act No. 86/2002 Coll., on the protection of the atmosphere and of the

amendments to certain other laws (law on the protection of the atmosphere), as amended by

Act No. 92/2004 Coll. and Act No. 186/2006 Sb.