Amendment Of The Act On Waste And The Amendment To Act No. 169/sb.

Original Language Title: změna zákona o odpadech a změna zákona č. 169/2013 Sb.

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now

Read the untranslated law here: https://portal.gov.cz/app/zakony/download?idBiblio=84595&nr=223~2F2015~20Sb.&ft=txt

223/2015 Sb.



LAW



of 12 October. August 2015,



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

other laws, in wording of later regulations, and Act No. 169/Sb.

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

other laws, as amended, law No. 25/2008 Coll., on

integrated pollution registry and integrated

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

amending certain laws, as amended, and Act No.

56/2001 Coll., on conditions for the operation of vehicles on the road,

as amended



Parliament has passed the following Act of the United States:



PART THE FIRST



Amendment of the Act on waste



Article. (I)



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

as amended by Act No. 477/2001 Coll., the Act No. 76/2002 Coll., Act No.

275/2002 Coll., Act No. 320/2002 Coll., Act No. 356/2003 Coll., Act No.

167/2004 Coll., Act No. 186/2004 Coll., Act No. 317/2004 Coll., Act No.

7/2005 Coll., Act No 444/2005 Coll., Act No. 186/2006 Coll., Act No.

222/2006 Coll., Act No. 314/2006 Coll., Act No. 296/2007 Coll., Act No.

25/2008 Coll., Act No. 34/2008 Coll., Act No. 383/2008 Coll., Act No.

9/2009 Coll., Act No. 157/2009 Coll., Act No. 223/2009 Coll., Act No.

228/2009 Coll., Act No. 281/2009 Coll., Act No. 291/2009 Coll., Act No.

297/2009 Coll., Act No. 326/2009 Coll., Act No. 154/2010 Coll., Act No.

31/2011 Coll., Act No. 77/2010 Coll., Act No. 264/2007 Coll., Act No.

457/2011 Coll., Act No. 18/2009 Coll., Act No. 85/2009 Coll., Act No.

165/2012 Coll., Act No. 167/2012 Coll., Act No. 69/2013 Coll., Act No.

169/2013 Coll., legal measures the Senate no 344/2013 Coll., Act No.

64/2014 Coll., Act No. 184/2014 Coll. and Act No. 229/2014 Coll., is amended

as follows:



1. In article 2 (2). 1, letter a) including the footnotes 2 and 61:



"and waste water) ^ 2) to the extent that they apply to other legal

regulations ^ 61),



2) section 38 of the Act No. 254/2001 Coll. on waters and on amendments to certain laws

(the Water Act), as amended.



61) Act No. 254/2001 Coll., as amended.



Act No. 273/2001 Coll., on the water supply and sewerage networks for public use

and on amendments to certain acts (the Act on water supplies and sewerage Act), in

as amended. ".



2. In article 2 (2). 1, point (b)) including footnote # 4 be deleted.



Subparagraph (c))) to (i) shall become point (b)) to (h)).



3. In article 2 (2). 1 (b). (d)), and (h)), section 4, paragraph 4. 1 (b). and, § 6 (1)). 1 (b).

and § 7 (1)). 1, 5 and 6 (a). and) the words "annex 2 to this

the law "is replaced by" annex directly applicable regulation

Union on the hazardous properties of the waste ^ 62) ".



Footnote # 62:



"62) Commission Regulation (EC) no 1357/2014 of 18. December 2014

is replaced by Annex III to Directive of the European Parliament and of the Council

2008/98/EC on waste and repealing certain directives. ".



4. In article 2 (2). 1 letter f) including footnote # 9 is added:



"(f)) of discarded explosives and decommissioned ammunition ^ 9),



9) Act No. 61/1988 Coll. on mining activities, explosives and the State

Mining Administration, as amended.



Act No 119/2002 Coll., on firearms and ammunition (law on

weapons), as amended. ".



5. In article 2 (2). 1, point g) repealed.



Letter h) is renumbered as paragraph (g)).



6. In section 4, paragraph 4. 1 (b). (e)) before the word "collecting" the words

"trading facility".



7. in section 4, paragraph 4. 1 the letter m) is added:



"m) waste collection-waste merger entity or

a natural person authorized to conduct business from other people, including their

the preliminary sorting and preliminary storage for the purpose of their carriage

to a waste treatment facility, ".



8. In section 4, paragraph 4. 1 for the letter m) the following point (n)), which read as follows:



"n) separate collection-the collection of the waste flow is separated according to species,

the categories and the nature of the waste with the aim of facilitating the specific processing ".



Letters n) to y) are known as letters of) a to z).



9. in section 4, paragraph 4. 1 at the end of the text of a letter from) the following words "including

people that do not have waste actually in possession ".



10. In paragraph 4, at the end of paragraph 2, the period is replaced by a comma and the following

subparagraph (f)), which read as follows:



"(f)) preventing waste-the measures taken before the

substance, material or product has become waste, that reduce



1. the quantities of waste, including through the re-use of products

or by extending the life of products,



2. adverse effects resulting from the waste on the environment and human

health, or



3. the content of harmful substances in materials and products. ".



11. In paragraph 6 (1). 2, after the word "person" the words "or a person".



12. in section 6 (1). 4, after the words "designated person" the words "or

the person ".



13. in section 7 (2). 1 and 5, the words "H1, H2, H3, H3-and-B, H12 H14, H15 and"

shall be replaced by "HP 1 to 3 HP, HP 12 HP, HP 14 and 15".



14. in section 7 (2). 6, the words "H4 to H8, H10, H11 and H13" shall be replaced by

"HP 4 to 11 HP and HP 13".



15. in section 7 (2). 6 (a). and the word "H9)" is replaced by "code HP 9".



16. in § 9 para. 1, the first sentence shall be replaced by the sentences of up to five "dangerous

characteristics of the waste evaluates one or more designated individuals based on

the application of the originator or the beneficiary. The application shall be submitted via the

an integrated system of performance reporting obligations in the area of

environment ^ 54). If it finds the person or persons responsible for the waste

no dangerous property does not have, shall issue the applicant a certificate of exclusion

the hazardous properties of the waste (hereinafter referred to as the "certificate"). In the opposite

If the designated person or persons shall communicate the grounds to the applicant that the

waste has one or more of the hazardous properties (hereinafter referred to as "the communication").

Certificates and communication shall be issued through the integrated system

the fulfilment of reporting obligations in the field of the environment and the ^ 54)

at the same time in documentary form. In the event that the hazardous properties of the waste

evaluate multiple certificates shall be issued by the authorised persons or of a communication together.

The certificate must be clear that the designated person is responsible for the evaluation

specific dangerous properties. ".



17. in § 9 para. 2, after the words "designated person" the words "or

the person ".



18. in § 9 para. 6 (a). (b)) after the word "certificate", the words "and

the communication ".



19. In Article 9a, paragraph 2 reads as follows:



"(2) From the waste hierarchy it is possible to derogate

the case of waste, for which this is based on an assessment of the total impact

life cycle involving waste and handling appropriate with

the best overall result in terms of the protection of the

environment. ".



20. In paragraph 9a, the following paragraph 3 is added:



"(3) in the application of the hierarchy into account



and) the entire life cycle of products and materials, in particular with regard to the

reducing the impact of waste on the environment and human

health,



(b) the technical feasibility and economic) in sustainability



(c)) the protection of sources of raw materials, the environment, human health and

Economic and social impacts. ".



21. in section 13, paragraphs 1 and 2, including the footnote # 19 and 69:



"(1) the Packaging of hazardous waste shall be governed, mutatis mutandis, by a specific legislative

regulations ^ 19).



(2) the originator and beneficiary, which disposes of hazardous wastes,

are required to ensure that the hazardous waste be labelled in writing

manner and to the extent the implementing legislation and

a graphic symbol according to the directly applicable European Union legislation

classification, labelling and packaging of substances and mixtures ^ 69) within the scope of

an implementing regulation. Hazardous waste with dangerous properties

HP 9 Infectious is referred to a graphic symbol provided for in the implementing

legal regulation.



19) European Parliament and Council Regulation (EC) no 1272/2008 of 16 June.

December 2008 on classification, labelling and packaging of substances and mixtures, amending

and repealing directives 67/548/EEC and 1999/45/EC, and amending Regulation (EC) No.

1907/006, as amended.



European Agreement on international road transport of dangerous goods by road

(Geneva, 1957), renowned in the collection of laws under no. 64/1987 Coll., as amended

the text of the.



Regulations concerning the international carriage of dangerous goods by rail (RID), which

is přípojkem C to the Convention concerning international carriage by rail (COTIF),

renowned in the collection of laws under no. 8/1985 Coll., as amended.



69) European Parliament and Council Regulation (EC) no 1272/2008 of 16 June.

December 2008 on classification, labelling and packaging of substances and mixtures, amending

and repealing directives 67/548/EEC and 1999/45/EC, and amending Regulation (EC) No.

1907/2006, as amended. ".



22. in article 13, paragraph 4 reads:



"(4) the Ministry shall issue a decree



content identification sheet) of hazardous waste,



(b)) the manner and scope of labelling of hazardous wastes ".



23. in section 18 para. 5, the word "may" shall be replaced by the word "may" and the words "in the


cash "are replaced by the words" transfer of funds only

through a payment service provider or operator of the

postal services in the form of a postal voucher ".



24. in paragraph 11 of section 18 reads as follows:



"(11) the Ministry shall lay down by decree a list of waste, which is

the authorized person shall be required to purchase when you subscribe or keep records

people, from which the waste removed or buy out, the list of waste, which

the authorized person must be bought from individuals, and the list of waste for

that the person entitled to provide consideration only in the manner specified in the

paragraph (5) ".



25. in section 29, paragraph 2 shall be deleted.



The former paragraph 3 shall become paragraph 2.



26. in § 31a para. 1 (b). and) the words ", with the exception of button

articles with content not exceeding 2% by weight of mercury, ' shall be deleted.



27. in § 31a of paragraphs 2 and 3 shall be added:



"(2) the prohibition provided for in paragraph 1 (b). (b)) does not apply to portable

batteries or rechargeable batteries that are intended for use in



and emergency or alarm systems), including emergency lighting,

or



(b) medical devices.)



(3) the manufacturer of the electrical equipment or other products that require

installation of batteries or accumulators shall be obliged to propose these products

so that they can be used or waste batteries or accumulators

easily and safely remove the ultimate user or qualified

professional independent of the manufacturers. To electrical equipment or other

products in which they are incorporated batteries or accumulators, the manufacturer

required to connect instruction, how can the batteries or rechargeable batteries safely

cut the end user or qualified professional independent of the

manufacturers, including information on the type of the incorporated batteries or accumulators.

The manufacturer, distributor and retailer of last are required to ensure that the

This manual is forwarded together with the product. ".



28. in § 31a para. 5, the words "after 26. September 2008 "are deleted.



29. in section-31j paragraph 3 reads:



"(3) the manufacturer shall ensure that the equipment referred to in paragraph 1 has made

the minimum recycling efficiency of waste recycling processes



and) 65% by average weight of lead-acid batteries and accumulators, including

recycling of the lead content to the highest degree that is technically

feasible while avoiding excessive costs,



(b)) 75% by average weight of nickel-cadmium batteries and accumulators, including

recycling of the cadmium content to the highest degree that is technically

feasible while avoiding excessive costs, and



c) 50% of the average weight of the other spent batteries and accumulators ".



30. in paragraph 6 of section-31j including footnote # 63:



"(6) the rules for the calculation of the recycling efficiency of recycling processes

provides for the directly applicable European Union ^ 63).



63) Commission Regulation (EC) No 493/2012, laying down detailed

the rules for calculating the effectiveness of recycling of waste recycling processes

batteries and accumulators by Directive of the European Parliament and of the Council

2006/66/EC ".



31. in section 32 letters and) and (b)):



"a) sludge



1. sewage sludge from urban waste water processing

or waste water from households and other wastewater treatment plants, which

handle the waste water of the same composition as the urban waste water and the

waste water from households, even in the case that the wastewater treatment plant

process also biodegradable wastes on the basis of the decision of the

the regional authority, which is granted approval to operate the equipment for the

waste management and its operating rules, or biologically

biodegradable waste falling within the scope of the regulation on the side

products of animal origin ^ 6)



2. sludge from septic tanks that are used for the treatment of waste water from households before the

their discharge to surface water or groundwater,



3. the sludge from wastewater treatment plants processing waste water and

materials to their properties correspond to the waste waters and

materials referred to in point 1, in particular waste water and materials that have

the origin of the food industry and agriculture,



b) treated sludge-sludge which has undergone biological, chemical or

heat treatment, long-term storage or any other

a suitable process so that it will significantly decrease the content of pathogenic organisms

in the sludge, and the health risks associated with its applications based on

Verify the effectiveness of sludge treatment technology in accordance with the requirements of

laid down in the implementing regulation, ".



32. In § 33 paragraph 1 and 2 shall be added:



"(1) a legal person and a natural person who uses land, is required to

use only the modified sludge with regard to the nutritional needs of plants and in

According to the programme the use of sludge to the use of sludge was not aggravated by

quality of the soil and of surface and groundwater quality.



(2) if the operator of a wastewater treatment plant does not perform adjustment of sludge

alone, it shall transmit the sludge directly or through a carrier of waste

the operators of the sludge treatment installations. The operator of a waste

water or sludge treatment installations the operator that made the adjustment

sludge, is obliged to provide for the program using the Lees and in this program

to demonstrate compliance with the conditions of use laid down by law and the sludge

an implementing regulation. The person who conducted the adjustment of sludge, is

required to pass a modified sludge to a person referred to in paragraph 1 referred to in the program

the use of sludge or operator of a facility for the collection and storage of sludge

operated on the basis of consent pursuant to § 14 para. 1, directly or

through the carrier. The operator of a facility to collect and

storage of sludge is required to pass the modified sludge to the person referred to in paragraph 1

specified in the programme the use of sludge, and it directly or through

the carrier of the waste. Modified sludge must not be mixed with other modified

sludges or with other waste. ".



33. In paragraph 33, the dot at the end of paragraph 4 is replaced by a comma and the following

letter h) and (i)), which read as follows:



"h) technical requirements for adjustment of the sludge and the requirements for verification of the effectiveness of the

treatment technology of sludge,



I) storage conditions modified sludge and conditions of temporary storage

the adapted sludge before they are applied. ".



34. In paragraph paragraph 1 m 37s 3, letter e) is added:



"e) types of electrical equipment the electrical equipment according to subsets of the subscribed

laid down by the Decree pursuant to section 37f para. 6. "



35. In part four, title II, the following parts 9 and 10, including

the headings and footnotes # 64 to 66 shall be added:



"Part 9



Sediments taken from the troughs of water streams and reservoirs



§ 37t



(1) the sediments taken from the troughs of water flows and water tanks, if

waste, can be used on the agricultural soil Fund in accordance with the

§ 14 para. 2 only for the fulfillment of the requirements of the specific legal

regulations ^ 64).



(2) the sediments taken from the troughs of water flows and water tanks, if

waste, can be used on the surface of the ground and to fill the

Underground spaces in accordance with § 14 para. 2 subject to the conditions for

recovery of waste on the surface of the terrain laid down by the Decree pursuant to § 19

paragraph. 3.



(3) the sediments taken from the troughs of water flows and water tanks, if

waste can be used as a building material in accordance with § 14

paragraph. 2 for the fulfilment of the requirements laid down by a specific legislative

^ Regulations 65).



(4) If the sediments are taken from the troughs of water streams and water reservoirs

intended for use on the lands that make up the agricultural soil Fund, does not

of the originator, or the person who is on the land that make up the agricultural

land uses, for these sediments register pursuant to § 39 para. 1 and

does not pick up reports pursuant to § 39 para. 2 and 3. For these sediments with leads

registration under special legislation ^ 64).



Episode 10



Recycling of ships



§ 37u



(1) this part modifies the following a directly applicable regulation

The European Union on ship recycling ^ 66) the conditions for the implementation of the recycling

ships in ship recycling.



(2) the competent authority in accordance with regulation directly applicable in the European Union

ship recycling ^ 66) for the Czech Republic is the Ministry, with the exception of

in cases where this law confers on the scope of the competent authority, the regional

the Office.



§ 37-in



(1) on ship recycling is a device to use or

disposal of waste.



(2) the regional office shall forward the request for authorisation to operate the equipment on

ship recycling to express authority to protect public health.



(3) permission to operate the equipment on the recycling of ships shall be issued for a period of

a maximum period of 5 years. The period of validity of the consent to the operation

the device will extend the regional authority at the request of the operator, always

not more than 5 years if the conditions are met for his extradition.



§ 37w



(1) the operator of a ship recycling is required to submit before

each ship recycling regional authority for approval a plan ship recycling

According to the article. 7 directly applicable European Union legislation on recycling

^ 66 ships).



(2) the regional authority shall immediately forward of the ship recycling plan to express

authority to protect public health.



64) Act No. 337/1992 Coll., on the protection of agricultural land resources in

as amended.



Act No. 157/1998 Coll., on fertilisers, soil conditioners,

auxiliary plant products and substrates and agrochemical


testing of agricultural soil (fertilizers Act), as amended

regulations.



65) Act No. 183/2006 Coll., as amended.



Government Decree No. 163/2002 Coll., laying down technical requirements

the selected construction products, as amended.



66) Regulation of the European Parliament and of the Council (EC) No 1257/2013 of 20 December.

November 2013 on the recycling of ships and amending Regulation (EC) No 1013/2006 and

Directive 2009/16/EC ".



36. in the heading of part five shall be inserted the new title I, including

Title:



' TITLE I



COMMON PROVISIONS '.



37. In § 38 paragraph 1(a). 1, letter a) is repealed.



Subparagraph (b)) to d) are known as a) to (c)).



38. In the fifth for the section 38 added new title II, including the

Title:



"TITLE II



THE TAKE-BACK OF TIRES ".



39. In paragraph 38 (a), the following paragraphs 3 to 5 shall be added:



"(3) a mandatory person pursuant to § 38 paragraph 1(a). 3 shall carry out their obligations laid down for

take-back of used tyres, waste treatment and recovery

tyres, informing the end user and processing of annual reports on the

the performance of take-back obligations



and) system, and it separately, organisationally and technically

own expense, or



(b)) in the collective system, and ensure the performance of the contract of

the obligation to take back used tyres, processing and use

waste pneumatic tyres, (hereinafter referred to as "the joint fulfilment agreement") with the

a legal person authorized to operate collective system pursuant to section

38 c (hereinafter referred to as the "scheme operator").



(4) the tyre shall be for the purposes of this part of the Act means a flexible component

wheel assembly that is made of natural or synthetic rubber and

reinforcing materials without the rim, with the exception of the wheels for use on

devices of towed or pressed by foot going person on the bike

rounds and on personal medical devices or rehabilitation and

compensatory AIDS.



(5) the obliged entity, and the distributor, including the last dealer, are

required to indicate the cost when selling the tires on the take-back of used

tires and the processing and utilization of waste tires separately. By

not affect the obligations of the last dealer under the price

^ law 59). ".



40. In section 38b para. 2 (a). and), the word "or" is deleted.



41. In section 38b para. 2 (a). (b)), the words "marked an accepted electronic

mark or "shall be deleted.



42. In paragraph 2 of section 38b. 2 at the end of subparagraph (b)), the dot is replaced by ",

or ' and the following subparagraph (c)), which read as follows:



"(c)) through a data box operated by a special

^ Law 58). ".



43. In section 38b para. 3 (b). a), the words "place of business" is replaced by

the word "headquarters".



44. Under section 38b para. 3 (b). (d)), after the words "take-back"

the words "used tires" and the words ", recovery and disposal"

replaced by the words "and use".



45. In paragraph 8 of section 38b is inserted:



"(8) the Ministry makes available an up-to-date list of the obliged entities to

Portal of the public administration in this range



and) the name or names, and surname or business name, if it is a

a natural person; business name or the name and legal form, in the case of

the legal entity,



(b)) identification number, if assigned,



(c)) brand of tyre, which required a person places on the market,



(d) carry out the duties required) the way of the person under section 38 (a) of paragraph 1. 3, including the

indication of legal persons authorised to operate collective system

According to section 38 c, which shall carry out their obligations. ".



46. In section 38b is inserted after paragraph 8 new paragraphs 9 and 10, which

shall be added:



"(9) non-mandatory tyre Distributor, those

in the list of obliged entities or from the obliged entities that carry out their

obligations through the collective scheme under section 38 (a) of paragraph 1. 3

(a). (b)), has the rights and obligations of the obliged entities provided for in this section

the law.



(10) If an obligor performs all its obligations through

collective scheme under section 38 (a) of paragraph 1. 3 (b). (b)), it does not apply to it

the obligation referred to in paragraph 1. Details of the obliged entities failing

obligations in the collective system, which the Ministry receives from the

system operator under section 38 c, referred to in paragraph 8. ".



The former paragraph 9 shall become paragraph 11.



47. under section 38b, the following new section 38 c to 38 h, including headings and

footnotes 70 and 30f are added:



"§ 38 c



System operator



(1) the operator of the system can only be a joint-stock company or

company with limited liability, which was issued by the Ministry

permission to operate collective system under section 38d.



(2) if the operator of a system of joint-stock company may issue

only common stock, as shares in the name.

The statutes may not allow for the issuance of shares with different weight of votes. If

is the operator of private limited companies must have

services set up the Supervisory Board and the partnership agreement or the memorandum

they may not tolerate the emergence of other than basic shares, specify a different

the number of votes in relation to the amount of the deposit, and to permit the issuance of

stem leaves. Stocks and shares can be subscribed for by cash only.



(3) a shareholder or member ("Companion") operator

the system may be only required a person who places on the market. To

the day of application for the issue of permission to engage in collective

the system must be the companions of the system operator of the obliged entities,

each marketed tires at least 3 preceding

years and for the previous 3 calendar years launched the tires in

volume of not less than 1 000 tonnes.



(4) the profit of the operator system must not be divided among the partners,

members of the institutions or the System Manager's staff. It can be used

solely on the operation, development and streamlining of provision of

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

used tyres, treatment and recovery of waste tires and

informing the end user and the end-seller. The operator

the system must not reduce its capital for purposes other than to pay for the

of loss or to the fulfilment of the obligations laid down by law, and may not increase your

the conditional capital.



(5) the system operator shall not be a member of the corporate authorities of other

people, or to participate in their business.



(6) in addition to the activities associated with ensuring compliance with the obligations

the obliged entities, tires on the market, laid down in this

part of the Act, an operator shall not carry out activities other than system

consultancy in the field of prevention of waste tyres

or research, lecturing, educational or promotional activities

areas of the take-back and disposal of waste tires

tyres.



(7) the system operator shall not close with the legal person, or

a natural person who has a special relationship to it pursuant to paragraph 8,

the contract, which due to their nature, intended purpose or risk would not be

closed when the diligence with another physical or

a legal person shall not act as debts of the legal person, or

natural persons or free of charge to transfer assets.



(8) legal entities or natural persons, which are to the

the system of special relationship, shall be considered as



and) statutory authority and the Board members of the operator

the system, members of the Supervisory Board or Board of Directors and staff

system operator on the heads of the places from which it can be

an employee under employment law revoked the statutory

authority ^ 30e),



(b)) the members of the statutory bodies of legal persons that are companions

system operator,



c) relatives ^ 30f) persons referred to in point (a)), or (b)),



(d)) of a legal entity in which any of the persons referred to in point (a)), or

b) has, directly or indirectly in the capital or voting

the rights of more than 33%,



(e) the system operator) the shareholders who are legal persons, and

other legal entity controlled by them.



(9) with a companion system operator, with a legal entity by

the controlled entity or person controlling one of the partners

the system operator shall not enter into another agreement, the operator system

than on the basis of paragraph 6 of the agreement or contract under section 38e para. 1.



(10) the market share of an individual shareholder, or shareholders acting in concert

in the capital or the voting rights system operator

shall not exceed 33%. If that happens, this companion

obliged to or these companions are obliged to immediately notify the

the Ministry and to reduce its stake to no more than 33% of the boundary by

6 months from the date of its excess.



(11) the shareholder of the operator system must not do business in the field of

management, with the exception of the management of other wastes than waste

tyres, and act in the interests of other persons, whose business

waste management, or whose activity is directly related to the management of

waste. This applies mutatis mutandis to the members of the statutory body of the operator


the system, members of the Supervisory Board or Board of Directors and staff

system operator on the heads of the places from which it can be

an employee under employment law revoked the statutory

authority ^ 30e).



§ 38d



The issue of permissions to operate collective system



(1) the Ministry shall issue a permission to operate collective system to

the basis of the request of the person (hereinafter referred to as "the applicant"), which proves compliance with

the conditions laid down for the operator of this Act.



(2) the request for the issue of permissions to operate collective system

submitted to the Ministry in two paper copies, and at the same time in

electronic form or in electronic form, signed by a recognized

electronic signature under special legislation ^ 30 c) or

through a data box operated under a special legal

prescription ^ 58). The request contains business name, legal form, address of the

the registered office of the applicant's identification number has been assigned, and a list of all

the shareholders of the applicant together with their share of the capital and on the

voting rights or a list of all of the shareholders of the applicant, including the amount of

their share of capital and voting rights. To the application

connects



and) the partnership agreement or the memorandum, when the applicant is

limited liability company, or statutes, when the applicant is a joint-stock

the company,



(b)), the certificate of incorporation of the applicant and issue of book-entry listing

shares of the applicant should not be older than 7 days, if the applicant is a corporation,



(c)) the latest annual report of the applicant, if any,



d) affidavit the applicant of the conditions under section 38 c of paragraph 1. 5,

6, 7 and 9 and members about the fulfilment of the conditions under section 38 c of paragraph 1. 3, 10 and 11,



(e) the model contract)



1. the joint fulfilment,



2. establishing the place of take-back tires and



3. about the use of municipal waste collection and separation set

municipalities in the case that to ensure the common implementation of the obligations of the mandatory

persons who tyre market, the cooperation with

the municipalities,



(f) a description of how the provision of common) implementation, including in particular



1. Description of the technical, organisational and financial measures

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

used tyres, treatment and recovery of waste tires,



2. contracts with processors and devices for the use of waste

tires,



3. a description of the manner of informing the end user and the last

the dealer,



4. Description of how the evidence under section 38f,



5. a detailed description of the anticipated financial collateral common

carry out the duties required of persons who tyre on the market, in

individual years of validity of the permission,



6. a detailed description of the method and frequency of checks the functionality of the collective

the system,



7. the estimated number of contracts about joint fulfilment and

the anticipated quantity of tyres, for which will be ensured by the joint

the performance in the first three years of validity of the permission to operate

the collective system, and



8. estimated quantities of waste tyres, which will ensure

processing and utilization in the first three years of validity of the permission to

operation of a collective system.



(3) a person which has been granted permission to operate a collective

the system is required to notify the Department of any changes to the information

submitted in accordance with paragraph 2, within 30 days from the moment occurred. If it is to

change affect the contents of the permission to operate collective system, issue

the Ministry decision to change this permission.



(4) the list of issued permissions to operate collective system with

an indication of their validity, and decisions about their cancellation, as well as

the contents of these permissions and the decision except for the data that are

the subject of a trade secret or which are covered by the law on the

protection of personal data, the Ministry of the public Portal publishes

Administration.



(5) the party to the proceedings on the issue of permission to engage in collective

the system is the only applicant. A participant in proceedings for modifying permissions on

the operation of the collective system is the only person to whom permission has been

released.



(6) the Ministry shall issue a decree pattern applications for permission to

operation of a collective system.



§ 38e



Obligations of system operator



(1) the system operator shall organise joint fulfilment of the obligations of the mandatory

persons who tyre market, on the basis of agreements on the common

the performance with each of the obliged entities. The terms of these contracts must

operator of the system to provide for all of these required the person consistently and

so that no person is required, the type or brand of tires have not been

unjustifiably benefit from or placed at a disadvantage in the competition.



(2) the system operator shall be obliged to conclude a contract on the joint implementation of

with each required a person who on the conclusion of the contract and has no interest

against the operator of outstanding debts, and for all

the tires that the obliged entity on the market.



(3) the system operator ensures the operation and financing of the return

used tyres, treatment and recovery of waste tires and

information campaigns on the basis of the contributions of the obliged entities that show

the tires on the market and which have, in the time when the relevant costs with the

by the operator, joint fulfilment agreement. Posts are

established by the system operator in particular according to the proportion of the relevant

the obliged entities on the market.



(4) the operator of a system if that tire proven

does not happen on the territory of the Czech Republic-waste returns received by post on

ensure the management of this tyre to the person who proves that the

tire after placing on the market in the Czech Republic exported or delivered to

other Member countries of the European Union.



(5) the system operator shall not disclose information about the quantity of tires

indicated on the individual market obliged entities, with which it has concluded

the contract referred to in paragraph 1, third parties, with the exception of their communication

to the relevant administrative authority.



(6) the system operator shall be obliged to declare in order to ensure

processing and utilization of waste pneumatic tyres, a public competition for the best

quote ^ 70). The conditions of competition must be based on open,

non-discriminatory criteria for the treatment and recovery of waste

tyres. In the conditions of competition must be determined by the method of selection

the best deals.



(7) the system operator shall ensure that the auditor



and checked the accounts and) annual report of the system operator,



b) verify the accuracy and completeness of keeping records of the persons with whom it has concluded

the contract referred to in paragraph 1, the quantities and the inventory of tires in the range

laid down for the purposes of the annual report provided for in § 38 paragraph 1(a). 10,



(c) draw up a report on validation) based on letters and) and (b)).



(8) the system operator shall be obliged to provide verification and development

the reports referred to in paragraph 7 in each year in which the permissions apply to the

operation of the system; report on the verification of the operator

the system shall demonstrate in writing the Ministry always within 6

months from the end of the period being authenticated. Verification of the facts referred to in

paragraph 7 shall not for the system operator to perform the auditor to

It has a special relationship under section 38 c of paragraph 1. 8. This also applies To the physical

persons carrying out on behalf of the auditor the audit function.



(9) the Ministry shall issue a decree financing conditions return

used tyres and the disposal of waste tires.



§ 38f



Evidence and information to the end user



(1) the system operator shall be obliged to keep a register of



and) the obliged entities with which it has concluded a contract on the joint implementation, in

scope according to section 38b para. 3 (b). a) to (c)) and implementing the legal

prescription and



(b) the quantity of tyres) to which they relate it entered into the contract of

joint fulfilment, quantity and flow backward from the point of tyre were removed.

return to the processing and usage of waste tyres

within the limits set for the processing of annual reports on implementation of the obligations of the

the take-back.



(2) the system operator shall be obliged to



and his Ministry) to provide the information referred to in paragraph 1 upon request

(a). and) and (b)),



(b) to report to the Ministry of information from) the evidence of the obliged entities with which it has

joint fulfilment agreement, to the extent under section 38b para. 8

(a). a) to (c)), including their amendments within 30 days from the date of the conclusion of this

of the contract or from the day when about this fact, and that in the

electronic form in the transmittal of the standard data on waste,



(c)) and send to the Ministry to handle a comprehensive annual report on the implementation

take-back obligations for the previous calendar year pursuant to § 38 paragraph 1(a).

10 for all obliged entities with which it has concluded a contract on the joint

the performance.



(3) the system operator is obliged to inform end users

in particular through information campaigns about how to ensure

taking back used tyres, waste treatment and recovery

tyres, including publication of the current list of places take-back.



(4) the Ministry shall issue a decree a register for range.



§ 38 g



Supervision of the activity of the operator system




(1) the system operator shall supervise the activities of the Ministry.



(2) if the Ministry in the occupation of system deficiencies,

may according to the severity and the nature of the observed lack of



and save the operator) system within the prescribed period, fix



(b) initiate an inspection to) initiate proceedings for the imposition of a fine

the system operator.



§ 38 h



The decision to cancel the permission to operate collective system



(1) the Ministry may decide to revoke the permission to operate

the collective system, if



and) was released on the basis of false information given in the application or in the

documents attached to the application or subsequently stopped the operator

the system must fulfil the conditions for its issue,



(b) the operator has not completed the remedy system) imposed pursuant to section 38 g of paragraph 1. 2

(a). and) within a specified period, or



(c) the system operator has breached one) of the obligations laid down in this

by law.



(2) if the operator of the system decides that it will no longer be

operate, is obliged to immediately notify the

the Ministry. The Ministry on the basis of this notification, shall issue a decision on the

cancellation of permission to operate collective system for at least 30 days

After the operator has demonstrated that the system of the intended termination of the

the activities reported 6 months in advance of the obliged entity, with which it has concluded

the joint fulfilment agreement, municipalities, with which it has concluded a contract on the use of

the system of municipal waste collection and separation provided for municipalities and other

persons who, for the operators of the system provide the take-back of used

tires, processing and utilization of waste tires.



(3) a participant in the proceedings about the cancellation of the privilege to operate a collective

the system is the only operator of the system.



70) § 1772-1779 of the civil code.



30F) § 22 para. 1 of the civil code. ".



48. In paragraph 39 of paragraphs 3 and 4 are added:



"(3) the operators of installations for the collection, purchase, use or

disposal of waste, the operators of the equipment referred to in § 14 para. 2,

operators of small devices under section 33b, para. 1 and carrier of waste,

who are not at the same time the person entitled to take to their

ownership according to § 12 para. 3, are required to submit traffic data

the device or on the activities of the carrier to the competent regional authority waste

According to the site facilities and for mobile devices and carriers of or

residence of the operator or carrier of waste, within 15 days from the

Start, stop, or resume the carrier interruption of waste

or operation of the equipment, including the commissioning according to the changing

the operation of the device.



(4) by landfill operators are required to send each year to the 15. February

the calendar year following the calendar year for which they are

the data sent to the data on the State created the financial reserve, supported by

bank account statement of the operator of the landfill, and the data and on the free

the capacity of the landfill and further details of the charges for storing the waste at the

of the landfill to the competent regional authority according to the site. ".



49. In section 39 paragraph 6 to 14, including footnote # 55:



"(6) the municipality that is required to file a report pursuant to paragraph 2, shall be sent by

each year the municipal authority municipalities with extended powers to the 15. February

the calendar year following the calendar year for which it is

Declaration, report on the system of collecting, collection, transport,

sorting, recovery and disposal of municipal waste in the scope of

laid down by Decree.



(7) the local authority of ORP processes based on

report pursuant to paragraphs 2, 5 and 6, records of waste and waste

them, accepted and processing of car wrecks, the type, quantity

and the types of processing, use, or deletion of electronic waste, data on

system for the collection, the collection, transport, sorting, recovery and

disposal of municipal waste. These records shall be sent annually to the 15.

April of the calendar year following the calendar year for which it is

Declaration, the Ministry and the competent regional authority.

The Ministry of the Czech Statistical Office shall provide access to the message

administered by waste and beneficiaries by 1. may

year in which the report was submitted.



(8) persons who operate equipment containing PCBs and subject to

registration in accordance with section 26 (b). (c)), or devices that may contain PCBs and

are subject to registration in accordance with section 26 (b). (e)), or owned or held by PCB

defined in section 26 (b). and waste), or a persistent

organic pollutants in accordance with § 27a para. 1, or operate

or custom equipment slightly contaminated by PCBS pursuant to section 26 (b). (d)), are

obliged to keep records of these devices separately, PCB and waste

persistent organic pollutants. Changes in registered

the facts are these persons are obliged to report immediately to the Ministry

After the change occurred. Persons carrying devices that can

contain PCBs and are subject to registration in accordance with section 26 (b). (e))

the operator has demonstrated the absence of PCBS, the changes in the register of the Ministry

not reported. Obligations under this paragraph shall not apply to

laboratory standards used in the research, development, testing, or

the health sector.



(9) the registration of waste, waste management, PCB, PCB wastes, and

equipment containing PCBs, and subject to the register and the registration and

reporting of shipments of hazardous waste generated within the framework of the activities of the

The Department of Defense provides the Department of Defense, in cooperation with the

the Ministry.



(10) the local authority of with extended powers and regional authority shall send to the

the Ministry of information of any decision issued under this Act,

within 15 days of the effective date of its legal power. The local authority of a

expanded authority is obliged to send to the Ministry of information about

each representation issued pursuant to § 79 paragraph 2. 4 (b). (e)), and that within 15 days

from the day of its release. Be sent to the Regional Office of the Ministry of information about

the operation of devices and carriers of waste referred to in paragraph 3, within 15 days from the date of

they are received, and in accordance with paragraph 4 to 15. March of the calendar year

following the calendar year for which the report is made.

The Ministry of the Czech Statistical Office shall provide access to the message

in accordance with paragraphs 3 and 4.



(11) unless otherwise provided by this Act, they are legal persons,

natural person entitled to business and public authorities, which are

required to keep records in accordance with paragraphs 1 to 10 to this register

kept for at least 5 years.



(12) For the purposes of the filing and reporting obligations allocates

regional office facilities for the collection, purchase, use or disposal of

waste facilities according to § 14 para. 2 and a small device under section 33b

paragraph. 1 not later than fifteen days from the date of issue of the approval in accordance with § 14

paragraph. 1, edition of the integrated permit under the law on integrated

prevention, notification of commencement of operation of the device in accordance with § 14 para. 2 and section 33b

paragraph. 1 the identification number of the device. In the performance of accounting and

reporting obligations under section 39 and 40 are each required to allocated

use the device identification numbers.



(13) information on individual persons sent in accordance with paragraphs 2, 4, 5 and

8 shall only provide public authorities and for the needs of the solution

incidents under special legislation ^ 55).



(2) the Ministry shall issue a decree



and) range and conduct ongoing evidence of waste,



(b)), the scope and reporting of waste facilities in accordance with paragraph 3,

system for the collection, the collection, transport, sorting, recovery and

disposal of municipal waste in accordance with paragraph 6, the waste of persistent

organic pollutants, PCB, PCB wastes and equipment

containing PCBs and the method of reporting changes in their register, way

reporting the number and condition of car wrecks and taken over

processing, the type and amount of waste Eee and ways of its processing,

recovery or disposal,



(c)), the scope and reporting of data under paragraph 4,



(d)), the scope and the sending of information referred to in paragraphs 7 and 10,



(e)) the method for allocating the identification numbers of the device.



55) Act No. 239/2000 Coll., on the integrated rescue system and amending

certain acts, as amended.



Act No. 133/1985 Coll., on fire protection, as amended.



Act No. 240/2000 Coll., on crisis management and amending certain acts

(emergency law), as amended. ".



50. section 40 including the title reads as follows:



"§ 40



The transport of dangerous waste reporting



(1) transportation of hazardous waste is the Ministry of

through an integrated system of performance reporting obligations in

environmental ^ 54).



(2) the sender is obliged to



and each shipment of hazardous waste) report prior to its initiation in

the scope of the reporting sheet



(b)) each consignment of hazardous waste to enclose in paper format

a document containing the information referred to in the reporting sheet



c) in the case of the transport of dangerous waste is not initiated by the sponsor


the term cancel notification to transport hazardous waste within 3 working

days from the date of the announced start of the shipment,



(d)) at the latest within 3 working days from the completion of the transport of dangerous

waste repair data on carriage and transported the waste generated

the discrepancy between the actual and reported information. These data can correct

only in the case that was ohlašovatelem.



(3) in the carriage of hazardous waste from a mobile device to collect waste

the sender may be the only operator of this equipment.



(4) the originator of the transported hazardous waste when it transports these

the waste between its establishments, and the operator to collect,

to purchase, use or disposal of waste or equipment referred to in section 14

paragraph. 2, which is a hazardous waste after completion of carriage of physically

transmitted (hereinafter referred to as "the recipient") is required to



and) not later than within 3 working days from the receipt of hazardous waste

confirm receipt of hazardous waste from the reported traffic

integrated system of performance reporting obligations in the field of

environment ^ 54); After the acknowledgement of receipt is no longer possible to carry out the repair,



(b) to enter into the system) data on the transport of dangerous waste which has not been

reported in the scope of the reporting sheet, and at the latest within 3 working

days from the end of the carriage,



(c) cancel the announcement of transport) of hazardous waste within 3 working days from the

the date of the announced start of the shipment in the case that was ohlašovatelem

the transport of dangerous waste and the transport is not initiated by the sponsor

the term,



d) in the case that the transport of dangerous waste has been ohlašovatelem,

at the latest within 3 working days of the end of transportation to repair the data on

carriage and transported the waste, where the conflict between actual

and the reported data. These data can correct only in the case that was

ohlašovatelem.



(5) the obligations referred to in paragraph 2 (a). a) and b) can a sender

meet the recipient.



(6) the sender is subject to the obligations in the handling of hazardous

waste established by this Act until the transfer of hazardous waste

recipients of the device.



(7) the transport of dangerous waste in the development process, if the area does not exceed

establishment, or in the case that the sender is the nonentrepreneurial natural

person.



(8) in the case of interruption of the operation of the integrated system performance

reporting obligations in the field of the environment ^ 54) is possible

carriage of hazardous waste to be effected, if the sender fills in the

reporting sheet, one confirmed shall be retained as proof of transmission

of hazardous waste and the other attached to the shipment, and after the completion of the transport

the recipient shall keep it. After the restore operation of the integrated system

the fulfilment of reporting obligations in the field of the environment ^ 54) is

the recipient within 3 working days required to complete the information on the transport of

hazardous waste in the scope of reporting the worksheet into an integrated

system of fulfilment of the reporting obligations in the field of

environment ^ 54).



(9) information about the individual persons involved in the carriage of

hazardous waste in the integrated system of performance reporting

obligations in the field of the environment ^ 54) shall be provided only to the authorities

the public administration and in resolving incidents according to the specific

the legislation of ^ 55).



(10) the Ministry of the environment Decree lays down the scope of the

the reporting sheet subject to reporting in accordance with paragraph 2 (a). a) and

the range of information under the reporting sheet that must contain a document

attached to the consignment referred to in paragraph 2 (a). b).“.



51. in paragraph 41, the following paragraph 41a, that including the title reads as follows:



' paragraph 41a



Waste prevention program



(1) waste prevention Program the United States handles

the Ministry, in cooperation with relevant public authorities and

the public.



(2) the waste prevention Programme of the Czech Republic includes



and) the objective of waste prevention in accordance with the waste management Plan

the economy of the United States,



b) measures to prevent the generation of waste,



(c) the system of indicators for evaluation) of the implementation of the objectives and measures to prevent

the generation of waste, which will allow the monitoring and assessment of progress

they achieved.



(3) evaluation of the implementation of the waste prevention Programme of the Czech

of the Republic, the Ministry carries out using the system of indicators to 31.

December of the calendar year following that of 2 calendar years, for

that an assessment is carried out, within the framework of the evaluation of the implementation of the objectives

The waste management plan of the Czech Republic.



(4) the waste prevention Programme of the Czech Republic and its changes

the Ministry shall publish on the portal of the public administration. ".



52. section 42 including title and footnotes # 67:



"§ 42



The waste management plan of the Czech Republic



(1) a draft waste management plan the United States handles

the Ministry, in cooperation with relevant public authorities and

public ^ 67). The draft waste management plan of the Czech Republic

the Ministry will discuss with the County in a separate jurisdiction.



(2) a waste management plan in the United States consists of a part

analytical, binding and guideline.



(3) the analytical part of the waste management plan of the Czech Republic

contains the evaluation of the status of waste management in the Czech Republic,

that includes



and species) to enumerate the quantity and source of waste generated and the assessment of

development of production and management, including cross-border flows of waste,



(b) assessment of the existing collection systems) and waste management on the territory of the

The United States at least for municipal wastes, mixed municipal waste,

biodegradable waste, packaging waste, hazardous waste,

building waste, end-of life products, waste as part of the

the fourth law, including separate collection material usable folders

waste,



(c) network equipment for) the evaluation of the management of waste in the territory of the United

States, including the assessment of capacity for the different ways of loading,

assessment of the necessary changes and additions to the collection systems and waste management

and end-of life products with a view to their improvement, in accordance

with the principles of self-sufficiency and proximity,



(d) to obtain) documents the information necessary for drawing up the criteria

for the location and capacity of the equipment for waste management supported by the

public resources, if it is with regard to the implementation of the objectives set

necessary.



(4) a binding part of the waste management plan of the Czech Republic

by regulation, the Government Announces.



(5) the Binding part of the waste management plan of the Czech Republic includes

the objectives and measures for the prevention of waste according to annex No 1

This Act and sets out the objectives, principles and measures to achieve them

including the preferred methods of loading and the system of indicators to

evaluation of the objectives of the waste management plan for the



and the management of communal waste), in particular, the mixed household waste and

biodegradable waste



(b) the management of construction waste),



(c)) the management of packaging waste,



(d)) dealing with end-of life products and wastes according to the selected

part four of this Act,



(e) waste with other waste), in particular, hazardous,



f) preparing for re-use, recycling, recovery and disposal

waste to minimize the adverse impact on the environment,



g) reduction of the quantity of waste going to landfill, in particular biological

decomposable waste,



h) reducing the biodegradable ingredients in mixed

municipal waste.



(6) the indicative part of the waste management plan of the Czech Republic includes



and tools) to enumerate the fulfilment of the objectives of the waste management plan of the Czech

Republic,



(b)) the evaluation criteria changes in conditions on the basis of the plan was

waste management is handled by the Czech Republic,



(c) the information necessary for drawing up) criteria for location and capacity

equipment for waste management supported by public funding, if

It is with regard to the fulfilment of the objectives laid down,



d) proposals for the necessary facilities for the waste management of supranational

meaning, if it is with regard to the fulfilment of the set objectives.



(7) a waste management Plan the United States is processed on time

at least 10 years and must be changed immediately after each major change

the conditions under which was processed.



(8) the Binding part of the waste management plan of the Czech Republic, including

its changes, is a binding basis for the processing of the waste management plans

the economy of the regions, decision making and other activities of the competent

administrative offices in the field of waste management and the basis for

processing of spatial planning documentation of the counties and municipalities.



(9) the Ministry annually evaluates the using system indicators

meeting the objectives of the waste management plan of the Czech Republic and up to 15.

December of the calendar year following that of 2 calendar years, for

that an assessment is carried out, processes the message of the objectives of the plan

waste management of the Czech Republic.



(10) the waste management Plan of the Czech Republic and its changes


the Ministry shall publish on the portal of the public administration.



67) Act No. 100/2001 Coll., on the assessment of the effects on the environment and on the

changes to some related laws (Act on environmental impact assessment

the environment), as amended. ".



53. section 43, including the title reads as follows:



"§ 43



Waste management plan for the region



(1) Region in a separate scope handles the waste plan

the economy of the region, in cooperation with the competent authorities of the public administration and

^ 65) for the public relations it managed the territory and its changes.



(2) a waste management plan for the region must be in accordance with the binding

parts of the waste management plan of the Czech Republic and its changes.



(3) waste management Plan of the county consists of the part of the analytical,

binding and guideline.



(4) the analytical part of the waste management plan of the region contains

to evaluate the status of waste management region, which includes



and species) to enumerate the quantity and source of waste generated and the assessment of

development of production and management,



(b) assessment of the existing collection systems) and waste management on the territory of the

the County at least for municipal wastes, mixed municipal waste,

biodegradable waste, packaging waste, hazardous waste,

building waste, end-of life products, waste as part of the

the fourth law, including separate collection material usable folders

waste,



(c) network equipment for) the evaluation of the management of waste in the territory of the region

including the assessment of capacity for the different ways of loading, the assessment

the necessary amendments and additions to the collection systems and waste management and products

end-of life with a view to improving them, in accordance with

the principles of self-sufficiency and proximity,



(d) to obtain) documents the information necessary for drawing up the criteria

for the location and capacity of the equipment for waste management supported by the

public resources, if it is with regard to the implementation of the objectives set

necessary.



(5) the Binding part of the waste management plan of the County contains the objectives and

measures for waste prevention, and sets out the objectives, principles and

the measures to achieve them, including preferred methods of loading and

a system of indicators to evaluate the implementation of the objectives of the waste management plan

the economy of the County for



and the management of communal waste), in particular, the mixed household waste and

biodegradable waste



(b) the management of construction waste),



(c)) the management of packaging waste,



(d)) dealing with end-of life products and wastes according to the selected

part four of this Act,



(e) waste with other waste), in particular, hazardous,



f) preparing for re-use, recycling, recovery and disposal

waste to minimize the adverse impact on the environment,



g) reduction of the quantity of waste going to landfill, in particular biological

decomposable waste,



h) reducing the biodegradable ingredients in mixed

municipal waste.



(6) the indicative part of the waste management plan of the region contains



and tools) to enumerate the fulfilment of the objectives of the waste management plan of the County



(b)) the evaluation criteria changes in conditions on the basis of the plan was

waste management region is processed,



c) criteria for types, location and capacity of the waste

waste is supported from public sources,



(d) the plans for the necessary equipment) for waste management, if it is with

regard to the fulfilment of the set objectives.



(7) there is a need to set up the device to the waste facility or to address

the movement of wastes across regions, the regions are in a separate

the scope of the required in the processing of plans of waste management region

interact with each other and their amendments.



(8) in the region of the individual is required to process and approve proposal

the waste management plan of the county or its changes within 18 months from the

the effective date of the regulation of the Government promulgating or amended

the mandatory part of the waste management plan of the Czech Republic.



(9) a waste management plan for the region is being processed for a period of at least 10

years of age and must be changed whenever the fundamental change in the conditions on which

the basis has been processed, and not later than 1 year after the changes to the terms.



(10) in a separate region of the scope of the proposal is required to send a plan

waste management region or its changes in electronic form

the Ministry for examination. In the event that the draft waste management plan

the economy of the region does not contain the particulars set out in this Act or the

It is not in accordance with the waste management plan, the United States and its

the change, the Ministry within 2 months from the date of receipt of the plan

waste management region or its amendment shall be communicated the County its

the comments. County waste management plan or change before

the announcement by the Ministry of edits and comments in electronic form

shall send the Ministry.



(11) a binding part of the waste management plan of the County and its change

announce the region generally binding Decree. The mandatory part of the waste management plan

the economy of the region is a binding basis for the processing of plans

waste management of municipalities and for the decision-making and conceptual activities

the competent administrative authorities, counties and municipalities in the area of waste management

economy and the basis for the processing of territorial planning documentation

region.



(12) the decisions and observations of the bodies of State administration in the field of waste management

economy issued under this Act shall be in accordance with the

binding parts of the waste management plan of the respective region.



(13) the Region annually evaluates the using system of indicators objectives

the waste management plan of the County and until 31 December 2006. October of the calendar year

the next 2 calendar years for which the evaluation of the

carried out, processes the message of the objectives of the waste management plan

region, and this message will send up to 15. November Ministry.



(14) the waste management Plan of the County and its region of the changes will be published on

Portal of the public administration. ".



54. section 44, including the title reads as follows:



"§ 44



The waste management plan of the village



(1) the municipality, which produces annually more than 10 tonnes of hazardous waste, or

more than 1 000 t other waste is processed in a separate scope

the waste management plan of the municipality for the waste it produces, and

waste which is treated.



(2) the municipality, which, on the date of publication of the mandatory parts of the waste management plan

the economy of the region or its changes produces quantities of waste over the limit

provided for in paragraph 1, the draft plan of waste management processes to

12 months from the publication of the mandatory parts of the waste management plan

the county or its changes. Other municipalities shall process the waste management plan proposal

the economy in the 12 months after achieving the waste generation over the limit

provided for in paragraph 1.



(3) waste management Plan of the municipality must be in accordance with the binding

parts of the waste management plan of the County and its changes.



(4) the waste management Plan of the village consists of a part of the analytical,

binding and guideline.



(5) the analytical part of the waste management plan of the village contains the

waste management to evaluate the status of municipality, which includes



and the assessment of the species, quantity) and emerging sources of municipal waste,



(b) assessment of the existing municipal systems) collection and treatment

municipal waste in the territory of the municipality at least for mixed municipal waste,

biodegradable municipal wastes, paper, plastic, glass, metals,

packaging waste, hazardous components of municipal waste, and compliance

the mandatory parts of the waste management plan of the County



(c)) and the addition of changes necessary to the assessment of the municipal collection system and

the management of communal waste.



(6) the Binding part of the waste management plan of the village contains measures

for waste prevention in accordance with the waste management plan

the economy of the region and sets out the objectives and measures to achieve them within the

the municipal waste management system and the system of indicators to

evaluation of the objectives of the waste management plan of the municipality for



and the management of communal waste), in particular, the mixed household waste and

biodegradable municipal waste



(b)) the management of packaging waste,



(c) the hazardous components of municipal waste),



(d) management of construction waste), if laid down a system handling

construction waste,



e) dealing with end-of life products and wastes according to the selected

part four of this Act in the case that runs instead of the reverse

in the framework of cooperation with the obliged entities,



f) preparing for re-use, recycling, recovery and disposal

municipal waste to minimize the adverse impact on the

environment,



g) reduction of the quantity of waste going to landfill, in particular biological

decomposable waste,



h) reducing the biodegradable ingredients in mixed

municipal waste.



(7) the indicative part of the waste management plan of the village contains the



and) suggestions to improve municipal municipal waste management system,



(b)) the evaluation criteria changes in conditions on the basis of the plan was

waste management is handled by the village.




(8) a waste management Plan is processed in the village for at least 5

years of age and must be changed whenever the fundamental change in the conditions on which

the basis was processed, and at the latest within 6 months of changes to the terms.



(9) the municipality in a separate scope with the exception of the city of Prague is

required to send a proposal from its waste management plan or its

changes in electronic form to the competent regional authority. In the case that

the draft waste management plan of the municipality does not contain the particulars

established by this Act or is not in accordance with the mandatory parts of the plan

waste management and its change, the competent regional authority to

3 months from the date of receipt of the draft waste management plan of the village

communicate to the village of their comments. Village waste management plan or

change it according to the region's edits and comments in electronic form, it shall send the

region.



(10) the Binding part of the waste management plan of the municipality is binding

the basis for its activities in the field of waste management and

the basis for the elaboration of territorial planning documentation of the village.



(11) the municipality assesses, using the system of indicators objectives

the waste management plan of the municipality, and shall provide to the authority on request

the State administration.



(12) the waste management Plan of the village and its changes, the municipality shall publish on the

Portal of the public administration.



(13) the municipalities to secure their obligations in the handling of

municipal waste have formed voluntary villages, on the basis of

a written agreement to handle common waste management plan of the village,

that replaces the individual plans of waste management community. ".



55. In § 45 para. 3 last sentence, after the words "dump" the words "

for which a fee is payable ".



56. In paragraph 66, the dot at the end of paragraph 3 is replaced by a comma and the following

the letter l) and m) are added:



"l) operates the equipment on ship recycling in breach of directly applicable

the EU regulation on the recycling of ships ^ 66),



m) contrary to the directly applicable European Union law on recycling

^ 66 ships) by recycling the ship without an approved plan of ship recycling

or in conflict with it. ".



57. In section 66 paragraph 1. 4 (b). I) after the word "third-party", the words "or

the obliged entities ".



58. In section 66 paragraph 1. 4 (b). I) and (j)), after the words "pursuant to section 31"

the words "or 38 c".



59. In article 66, the following paragraph 7 is added:



"(7) a fine up to $ 500 000 saves the inspection to a natural person authorised to

business or legal entity as a processor of waste

batteries or accumulators does not fulfil the obligation to submit to the Ministry a report on the

the recycling efficiency of processes of recycling waste batteries and accumulators

According to the applicable European Union legislation directly governing the detailed

the rules for calculating the effectiveness of recycling of waste recycling processes

batteries and accumulators ^ 63). ".



60. In § 72 para. 1 (b). I) at the end of the text of paragraph 5, the words "and

proposals for entry on the list of the obliged entities under section 38b ".



61. In § 72 para. 1 (b). I) at the end of the text of point 6, the words "and

38d ".



62. In § 72 para. 1 (b). I) paragraph 10, the words "and article 38 shall be replaced by

§ 38 and 38b ".



63. In § 72 para. 1 (b). I) at the end of the text in point 11, the words "and

information on recycling účinnostech processes of recycling of waste batteries and

accumulators ".



64. In § 72 para. 1 (b). j) in point 3, the words "and junkyards, to

which the consent is issued according to § 14 para. 1 "shall be deleted.



65. In § 72 para. 1 (b). (j)) at the end of the text of paragraph 7, the words "and

38d ".



66. In § 72 para. 1 (b). j) point 11 is added:



"11. the list of obliged entities under section 38b".



67. In § 72 para. 1 (b). (j)), the following paragraph 12, which reads as follows:



"12. the list of carriers of waste".



68. In § 72 para. 1, the letter p) the following new point q) is added:



"q) shall be the competent authority for sending messages about recycling

the effectiveness of the processes of recycling waste batteries and accumulators by directly

of the applicable legislation of the European Union ^ 63) ".



69. In § 72 para. 1 letter u) is added:



"u) gives the permission to operate collective system and shall decide on the

renewal or change permissions to operate collective

system under section 31 and the 38d, shall decide on cancellation of permission to operate

collective scheme under section 31r and 38 h, ".



70. in § 72 para. 1 at the end of the text of the letter v), the words "and

38 g. ".



71. In paragraph 72, the following paragraph 3, including the footnotes.

68 reads as follows:



"(3) the Ministry of



and drafts of the plans) waste management regions and their suggestions

changes in terms of their compliance with the waste management Plan of the Czech

Republic and its amendments,



(b)) shall be the competent authority for the recycling of ships



(c)) shipments of waste control plans approved by the directly applicable

Regulation of the European Union ^ 68).



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

June 2006 on shipments of waste, as amended by regulation of the European Parliament

and Council Regulation (EU) no 660/2014 of 15. may 2014. ".



72. In § 76 para. 1 the letter g) is added:



"g) handles control plans according to the directly applicable to shipments of waste

Regulation of the European Union ^ 68) ".



73. In paragraph 76, the dot at the end of paragraph 1 is replaced by a comma and the following

the letter m) is added:



"m) checks that are device on the recycling of ships operated in the

accordance with the directly applicable European Union law on recycling

^ 66 ships) and the law. ".



74. In paragraph 78, the dot at the end of paragraph 2 is replaced by a comma and the following

the letter y), which read as follows:



"y) approve plan ship recycling under art. 7 directly applicable

Regulation of the European Union on the recycling of ships ^ 66). ".



75. In section 82 para. 3, after the words "paragraph 20 (a). (e)) "the words" §

31F "and the words" § 39 para. 2, 3, 5 and 8 "are replaced by the words" § 39 para. 2

up to 6 and 8 ".



76. Annex 2 shall be deleted.



77. Annex 3:



"Annex 3 to the Act No. 185/2001 Coll.



Use of waste



R 1 use of waste in a manner similar as a fuel or other means to výroběenergie

R 2 solvent reclamation/regeneration

R 3 recycling/reclamation of organic substances which are not used as

solvents (including composting and other biological transformation processes)

R 4 recycling/reclamation of metals and metal compounds

R 5 recycling/reclamation of other inorganic materials

R 6 Regeneration of acids or bases

R 7 recovery of substances used for pollution abatement

R 8 recovery of components from catalysts

R 9 oil re-refining or other reuses of oil

R 10 application to the land resulting in benefit to agriculture or improves the ecology

R 11 use of wastes obtained from any of the operations numbered R 1 to R 10

12 waste r Adjustment before using any of the methods listed under the designation R1 to r11

R 13 storage of waste prior to recovery of any of the operations numbered R 1 to R 12

(except for temporary storage at the site where it is produced)



Notes



To the point of R 3-includes gasification and pyrolysis in the case that are produced by folder

used as a chemical.



To the point R 5-includes cleaning the Earth for their new use and recyklacianorganických

building materials.



To the point R 12-If there is no other R code appropriate, this can include preliminary

operations prior to recovery including pre-processing such as disassembly, sorting,

crushing, compacting, pelletising, drying, shredding, conditioning, repackaging, separating,

blending or mixing, prior to using any of the operations numbered R1 to R11.



To the point R 13-Temporary storage means preliminary storage. ".



78. Appendix 4:



"Appendix No. 4 to Act No. 185/2001 Coll.



Ways of waste disposal



(D) 1 in Storage at or below ground level (for example, landfill)

D 2 land treatment processes (e.g., biodegradation of liquid or sludgy discards in soils)

D 3 deep injection (e.g. injection of pumpable discards into wells, salt domes or naturally

area of natural origin)

D 4 surface impoundment (e.g. discharge of liquid or sludgy discards in

pits, ponds or lagoons)

D 5 specially engineered landfill (e.g. storing in sealed

separated by a space, which are capped and isolated from one another and from the external environment)

D 6 release into a water body except seas/oceans

D 7 release into seas/oceans including sea-bed storage

D 8 Biological treatment not specified elsewhere in this annex which results in final products are

compounds or mixtures which are discarded by means of any of the methods listed under the designation

D 1 to D 12

D 9 physico-chemical treatment not specified elsewhere in this annex, the final product

compounds or mixtures which are discarded by means of any of the methods listed below

numbered D 1 to D 12 (e.g. evaporation, drying, calcination)


D 10 incineration on land

D 11 incineration at sea

D 12 permanent storage (for example, storing in containers to the bottom)

D 13 blending or mixing prior to submission to any of the methods listed under the designation

D 1 to D 12

D 14 Repackaging prior to submission to any of the operations numbered D 1 to D 13

D 15 storage prior to submission to any of the methods listed under D1 to D 14

(except for temporary storage at the site where it is produced)



Notes



To the point D 11-this method is prohibited by EU legislation and international conventions.



To the point D 13-If there is no other D code appropriate, this can include preliminary

operations prior to disposal including pre-processing such as, for example, sorting, crushing,

compacting, pelletising, drying, shredding, conditioning or separating prior to using any

of the operations numbered D1 to D12.



To the point D 15-Temporary storage means preliminary storage. ".



79. Annex No 9 shall be deleted.



80. Annex 12 reads as follows:



"Appendix 12 to the Act No. 185/2001 Coll.



The formula for calculating the energy efficiency of



Energy efficiency = (Ep-(Ef + Ei))/(0.97 × (Ew + Ef))



EP means annual quantity produced energy in the form of heat or

electricity. It is calculated so that energy in the form of electricity being multiplied by the

the value of the 2.6 and heat produced for commercial use-value 1.1

(GJ/year).



EF means annual energy input to the system from fuels contributing

for the production of steam (GJ/year).



EW means annual energy contained in the treated waste

calculated using the lower net calorific value of the waste (GJ/year).



EI means annual energy supplied without Ew and Ef (GJ/year).



0.97 is a factor for energy losses due to bottom ash and

exposure.



This formula shall be applied in accordance with the reference document on the best

available techniques for waste incineration.



The lowest required amount of energy efficiency for the use of waste

way R1



For devices that have received approval to operate the unit and was

operated from 1. January 2009:0.60.



For devices that have received approval to operate the unit after 31 December 2006. December

2008:0.65. ".



Article. (II)



Transitional provisions



1. the Ministry of environment and the Ministry of health shall communicate to the

persons who have been or will be mandated to evaluate the hazardous

the properties of the waste pursuant to § 9 para. 1 of Act No. 185/2001 Coll., as amended by

effective before the date of entry into force of this law 1. January 2016,

the login details to an integrated system of performance reporting

obligations in the field of the environment to the 31. December 2015.



2. the batteries or accumulators, that it is prohibited to place on the market or

circulation pursuant to § 31a para. 1 of Act No. 185/2001 Coll., in the version in force from

the effective date of this Act, may be put into circulation up to

While supplies last, as regards the



and) button cells that contain more than 0.0005% and less than 2%

Mercury by weight placed on the market in 30. September 2015,



b) portable batteries or accumulators intended for use in Cordless

electrical instruments that contain more than 0.002% of

cadmium, placed on the market until 31 December 2006. December 2016, or



(c)) other batteries or accumulators placed on the market up to 26. September 2008.



3. The municipalities are obliged to file a report pursuant to § 39 para. 6 of law No.

185/2001 Coll., on waste, in the version in force from the date of entry into force of

This Act, for the first time for the calendar year 2016.



4. device identification numbers assigned before the effective date of this Act,

and published on the portal of the public administration are considered as identification

device numbers assigned pursuant to § 39 para. 12 Act No. 185/2001 Coll., on the

the waste, in the version in force from the date of entry into force of this Act.



5. operators of installations for the collection, purchase, use or disposal of

waste operators pursuant to § 14 para. 2 and operators

small devices under section 33b, para. 1 of Act No. 185/2001 Coll., on waste,

in the version in force before the date of entry into force of this Act, the

the operation was initiated before the effective date of this Act, and the identification number

the device was not assigned to them, or is not published on the portal

the public administration of the Regional Office of the space device, and

mobile devices according to the operator's registered office or residence of the device,

Similarly, the regional authority shall notify pursuant to § 39 para. 3 of Act No.

185/2001 Coll., on waste, in the version in force from the date of entry into force of

This Act, until 31 December 2006. January 2016, whether the device is operating. Regional

the competent authority in accordance with the manufacturing plant and headquarters for mobile devices

or residence operator allocates these devices

device identification numbers to 30. April 2016. In the conduct of ongoing

registration and annual reporting on the production and management of waste are

by waste and authorized persons are obliged to device identification numbers

use for data on waste, which will be transmitted to and taken after 30.

June 2016.



6. persons engaged in, or own equipment slightly contaminated with PCBS

pursuant to section 26 (b). (d)) under Act No. 185/2001 Coll., on waste, as amended by

effective before the date of entry into force of this Act, are required to submit the

his records to the Ministry pursuant to § 39 para. 8 of law No 185/2001 Coll.

in the version in force from the date of entry into force of this law, to 30. June

2016.



7. Before the date of 31. December 2016, the sender and the recipient are not required to

ushering in the carriage of dangerous wastes, pursuant to section 40 of Act No. 185/2001

Coll., in the version in force from the date of entry into force of this Act, if

shall keep a register in accordance with section 40 of Act No. 185/2001 Coll., as amended effective

before the date of entry into force of this Act.



8. waste management Plans adopted pursuant to sections 42 to 44 of the Act No.

185/2001 Coll., in the version in force before the date of entry into force of this

the law will remain in force for a specified period of their validity. On

changes to these plans, waste management section 42 shall apply up to 44 of the Act

No. 185/2001 Coll., in the version in force from the date of entry into force of this

the law.



9. the annual report on the implementation of the obligations of the take-back of oils for the past

calendar year pursuant to § 38 paragraph 1(a). 10 of Act No. 185/2001 Coll., as amended by

effective before the date of entry into force of this law, with handles

last for the year 2014.



10. Until 31 December 2006. December 2015 are not the originators of and authorized persons are obliged to

to ensure that hazardous waste is identified in accordance with § 13 para. 2 of the Act

No. 185/2001 Coll., on waste, in the version in force from the date of entry into force of

This law, provided that they ensure that hazardous wastes have been identified as

§ 13 para. 2 Act No. 185/2001 Coll., on waste, in the version in force prior to the

the effective date of this Act.



11. The persons in charge for the evaluation of the hazardous properties of waste listed

in annex 2 to the Act No. 185/2001 Coll., on waste, as amended by the effective

before the date of entry into force of this law, under the designation code H1, H2,

H3-A, H3-B, H12 H14, H15, and are considered to be the person responsible for the reviews

the hazardous characteristics listed in annex directly applicable legislation

The European Union on the hazardous properties of the waste ^ 1) under the name HP 1

up to 3 HP, HP 12 HP, HP 14 and 15. The person responsible for the evaluation of hazardous

properties of wastes listed in annex 2 to the Act No. 185/2001 Coll., on the

the waste, in the version in force before the date of entry into force of this Act,

under the designation code H4 to H11 and H13 are regarded as persons responsible for the

evaluation of the hazardous characteristics listed in annex directly

of the applicable legislation of the European Union on the hazardous properties

waste ^ 1) under the name HP HP 4 to 11 and 13 HP.



12. the exclusion of the hazardous properties of the waste issued before

the effective date of this Act pursuant to § 9 para. 1 of law No.

185/2001 Coll., on waste, in the version in force before the date of entry into force of

This Act shall be construed as a certificate of exclusion of dangerous

properties listed in the annex to the regulation directly applicable European

Union on the hazardous properties of the waste ^ 1) and shall remain in force until

until the expiry of the validity period, which is laid down in them. This does not apply,

the conditions have been met for immediate expiry of the certificate of

the exclusion of the hazardous properties of the waste referred to in § 9 para. 2 of the Act

No. 185/2001 Coll., on waste, in the version in force from the date of entry into force of

of this Act.



1) of Commission Regulation (EU) no 1357/2014 of 18. December 2014

is replaced by Annex III to Directive of the European Parliament and of the Council

2008/98/EC on waste and repealing certain directives.



PART TWO



Amendment of the Act No. 169/2013 Coll., amending Act No. 185/2001 Coll., on the

waste and amending certain other acts, as amended

legislation, law No. 25/2008 Coll., on integrated pollution registry

the environment and integrated system of performance reporting

obligations in the field of the environment and amending certain acts, in

as amended, and Act No. 56/2001 Coll., on conditions for the operation of

vehicles on the road, as amended



Article. (III)




In the law No 169/2013 Coll., amending Act No. 185/2001 Coll., on the

waste and amending certain other acts, as amended

legislation, law No. 25/2008 Coll., on integrated pollution registry

the environment and integrated system of performance reporting

obligations in the field of the environment and amending certain acts, in

as amended, and Act No. 56/2001 Coll., on conditions for the operation of

vehicles on the road, in the wording of later regulations, in

amended by Act No. 184/2014 Coll., in the article. # 24 points, 58 to 67 and 104

shall be deleted.



PART THREE



The EFFECTIVENESS of the



Article. (IV)



This Act shall take effect on the first day of the calendar month

following the date of its publication, with the exception of article I, points 26 and 28,

that will become effective on 1 January 2004. October 2015, points 11, 12, 16 and 17 points

48, 49 § 39 para. 6 to 10 and 12 and section 50, which shall take effect on the date

January 1, 2016, points 31, 32 and 33, which will become effective on 1 January 2004.

March 2016, and paragraph 27 of section 31a of paragraph 1. 2, which shall take effect on 1 January 2000.

January 2017.



in from Arvind v. r..



Zeman in r.



Sobotka in r.