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.
