34/2008 Sb.
LAW
of 16 December 2002. January 2008,
amending Act No. 185/2001 Coll., on waste and amending certain
other laws, as amended
Parliament has passed the following Act of the United States:
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. and Act No. 296/2007 Coll., is amended
as follows:
1. section 24 of the title:
"§ 24
Obligations upon the shipment of waste
(1) legal persons and natural persons authorized to conduct business in
shipments of waste are required to
and to secure shipments of waste) in accordance with the requirements laid down in
specific legislation ^ 30),
(b)) on request of the inspection authorities to submit the documents related to the
shipments of waste and provide for her full and truthful information,
(c)) keep supporting documents related to the transport of waste over a period of 3 years from the
the date of departure of the transport,
(d)) mark means carrying the waste in the manner prescribed
the implementing regulation,
(e)) in the carriage of hazardous waste to keep records and report
hazardous waste is transported to the extent provided by law.
(2) the carrier is obliged to inform the driver of the vehicle on the fact that
the inland or cross the border to transport waste, furnish the driver
the documents according to the type of waste shipped and the purpose of transport and to ensure
These documents were the waste shipped equipped with all of the time
transport.
(3) the Ministry shall issue a decree the means of identification of the transport
carrying the waste resource. ".
2. In § 25 para. 1, letter a) is added:
"a) persistent organic pollutants wastes and PCBs".
3. In part four, title II, the heading of part 1 as follows: "Wastes of persistent
organic pollutants and PCBs ".
4. in section 26 (b). e), the words "section 27 para. 8 (a). (c)) "shall be replaced by the words" §
27 para. 10 (a). (c)) ".
5. In section 27 para. 1 the first sentence after the word "Owners", the words
"The PCB and".
6. in section 27, paragraph 3 reads:
"(3) the disposal of PCBs, waste PCBs and equipment containing PCBs is possible
only in facilities intended for that purpose. ".
7. in section 27, paragraph 7 is added:
"(7) if the owners or operators of facilities that can
contain PCB [section 26 (b), (d))], to 31. December 2009 in the manner prescribed
an implementing regulation to the Ministry can show that their device
does not contain PCBS, those devices for equipment containing PCBs. ".
8. In section 27 shall be inserted after paragraph 7, paragraphs 8 and 9 are added:
"(8) the owners of PCB, PCB wastes and the owners or operators of
equipment containing PCBs shall be required until 31 December 2006. March 2009 to draw up and
send the Ministry plan for the gradual elimination of PCB waste PCBs and
equipment containing PCBs or PCB waste decontamination plan or device
with the content of PCBS for the period 2009-2010. These plans must be met
not later than 31 December 2006. December 2010.
(9) of the natural person entitled to business and legal persons that are
the owners or operators of equipment containing PCBs that
are not subject to registration shall be required to draw up lists of these devices,
establish time limits for the disposal of such equipment in use and for
their removal, pass drawn up lists to 31. December 2008
Ministry and follow them. ".
The present paragraph 8 shall become paragraph 10.
9. In section 27 para. 10 (a). (c)), the word "and" shall be deleted.
10. In section 27 is at the end of paragraph 10, the dot is replaced by a comma and the following
the letter e), which reads as follows:
"(e)) the details of the lists of equipment that contains PCBs and are not subject to
records, and details about the collection and removal of these devices. ".
11. under section 27 shall be added to § 27a, which including the footnotes.
30A is inserted:
"§ 27a
(1) Waste persistent organic pollutants means
waste containing at least one of the substances listed in annex 8 to
This Act.
(2) waste management of persistent organic pollutants
modifies the directly applicable European Community regulation on the
persistent organic pollutants ^ 30a).
(3) the Ministry is the competent authority referred to in article. 15 directly applicable
Regulation of the European communities on persistent organic
pollutants ^ 30a) and the regional office is the competent administrative
the Office for the procedure for granting consent or exemption under article 87(3)(c). 7 (2). 4
(a). (b)) usable regulation of the European communities directly on the
persistent organic pollutants ^ 30a).
30A) European Parliament and Council Regulation (EC) No 850/2004 of 29 April 2004.
April 2004 on persistent organic pollutants and on the
amending Directive 79/117/EEC.
Council Regulation (EC) no 1195/2006 of 18 May. July 2006 laying
amended annex IV to the regulation of the European Parliament and of the Council (EC) No 850/2004
on persistent organic pollutants ".
12. In paragraph 36 (b). f), the words "pursuant to subparagraph (f))" shall be replaced by "referred to in
points (e)) ".
13. in § 39 para. 7 the second sentence after the word "Ministry", the words
"The Czech Statistical Office".
14. in section 39 paragraph 8 reads as follows:
"(8) the Entrepreneurs who run the equipment containing PCBs and subject to
registration in accordance with section 26 (b). (c)) or operate devices that may
contain PCBs and are subject to registration in accordance with section 26 (b). (d)), or custom
or hold the PCB as defined in section 26 (b). and waste) or custom
persistent organic pollutants in accordance with § 27a para. 1,
are required to keep records of this device separately, PCB and waste
persistent organic pollutants in the scope of
the implementing regulation and notify the Ministry of
not later than 1 year after the date of entry into force of this Act, if
not already done so. Changes in registered facts are these entrepreneurs
required to report to the Ministry immediately after the change occurred. Way
reporting changes in the registered facts lays down detailed legal
prescription. This obligation shall not apply to laboratory standards
used in research, development, testing or health. ".
15. In § 39 para. 12 (a). (b)), after the word "hauliers waste,"
the words "waste persistent organic pollutants," and for the
the words "containing PCBs" are the words "and the method of reporting changes in
their record ".
16. section 53, including footnote No. 39:
"section 53
(1) this section governs the following a directly applicable regulation
European Community waste shipment ^ 39) shipments of waste to the United
the Republic of the United States and across the Czech Republic (hereinafter referred to as
"cross-border shipments of waste").
(2) the competent authority for cross-border shipment of waste for the Czech
the Republic is the Ministry of.
39) European Parliament and Council Regulation (EC) No 1013/2006 of 14 December.
June 2006 on shipments of waste. "
17. section 55 and 56, including the following titles:
"§ 55
Notification of cross-border shipments of waste
(1) a notice of cross-border shipments of waste serves the notifier pursuant to
directly applicable European Community legislation on the carriage of
waste ^ 39), in Czech, Slovak or English language. A participant in the
proceedings brought by notification pursuant to this paragraph is the only notifier.
(2) the Ministry shall issue a decree the scope of information and documentation referred to in
Part 3 of annex II to the regulation of the European communities directly applicable
the waste shipment ^ 39) for individual types of transport.
§ 56
Consent, bans and objections
(1) on the basis of the notification of a cross-border shipment of waste, the Ministry of
shall decide on the grant of consent or of objections pursuant to article. 9, 10, 11, or
12 directly applicable European Community legislation on the carriage of
waste ^ 39).
(2) if the notifier, the consignee or the carrier has been finally
convicted of a crime committed in connection with the treatment of
waste ^ 41), or if at the time of 5 years before submitting a notification was
legally imposed sanctions for violation of the legislation governing the
waste management, the Ministry reported disables cross-border
the shipment of waste on this person.
(3) the decision of the Ministry against the Decomposition, which was issued by the
paragraphs 1 and 2, has no suspensory effect. ".
18. in paragraph 56, the following new section 56a, which including the title reads as follows:
"section 56a
Changes in the shipment after consent and withdrawal of consent
(1) on the basis of notification of the change in the cross-border shipment of waste referred to in article.
Article 17(1). 1 directly to the applicable legislation of the European communities on
shipments of waste ^ 39) the Ministry shall decide to amend or objections against
This change under section 56.
(2) in the cases under art. 9. 8 and 9 directly applicable legislation
European Community waste shipment ^ 39) Ministry decision
revoke consent according to art. 9. 1 directly applicable legislation
European Community waste shipment ^ 39). ".
19. paragraph 57, including the title and section 58 shall be added:
"§ 57
The financial guarantee and insurance
(1) the financial guarantee according to the directly applicable European legislation
Community waste shipment ^ 39) must be lodged with, or appropriate
insurance under this regulation must be shown when making a report
pursuant to § 56 para. 1. The Ministry may allow the deposit of a financial guarantee
or proof of appropriate insurance at the latest at the time of the initiation of the
transport. The resources of the financial guarantee may be used only in accordance with art. 6
directly applicable European Community legislation on the carriage of
waste ^ 39).
(2) a financial guarantee or insurance approved by the Ministry. If it is to
Ministry of reasonable doubt about whether the financial guarantee provided
or the insurance is in accordance with the directly applicable European law
Community waste shipment ^ 39) sufficient, shall lay down the amount and type of
financial guarantees or insurance, and stipulate the type of amount of the sum insured for
this purpose.
§ 58
(1) the Ministry may by decision impose the obligation to
and the taking back by the developer) according to art. 22 paragraph 1. 2 directly
of the applicable legislation of the European communities the waste shipment ^ 39),
(b)) the use of or disposal pursuant to article. 22 paragraph 1. 3 directly
of the applicable legislation of the European communities the waste shipment ^ 39),
(c) the taking back by the developer) according to art. 24 paragraph 2. 2 (a). and) directly
of the applicable legislation of the European communities the waste shipment ^ 39),
(d) the taking back by the developer) according to art. 24 paragraph 2. 2 (a). (b))
of the applicable legislation of the European communities the waste shipment ^ 39),
e) recovery or disposal of the waste by the consignee referred to in article. 24 paragraph 2. 3 (b).
and directly applicable legislation) of the European communities of carriage
waste ^ 39),
f) recovery or disposal facility by a person other than the notifier, or
the recipient under art. 24 paragraph 2. 5 the regulation directly applicable European
Community waste shipment ^ 39).
(2) if the Ministry shall ensure compliance with the obligations referred to in article. 22 or 24
directly applicable European Community legislation on the carriage of
waste ^ 39) can save by decision of the persons who are responsible for
a shipment that cannot be completed or an illegal shipment,
the obligation to reimburse the costs of transport, use, removal, and on
storage of waste. The Ministry may save the payment of these
the cost in advance. Persons responsible for the illegal shipment,
they are responsible for the costs jointly and severally.
(3) safe storage of the waste according to the article. 22 paragraph 1. 9 and article. 24 paragraph 2. 7
directly applicable European Community legislation on the carriage of
^ 39) shall ensure that the waste, threatening to damage to human health or the
environment, or has already occurred, the local authority of the municipality with extended
scope, in whose territorial jurisdiction the waste was detected. The local authority of
with extended powers saves the reimbursement decision thus incurred
the cost of people who work or illegal traffic
they are responsible. These persons are responsible for the payment of costs together and
severally liable.
(4) the decision of the Ministry against the Decomposition under paragraphs 1 and 2 should not
suspensory effect. ".
20. In paragraph 59, the words "the mailing sheet" is replaced by "movement
the document "and the words" legislation of the European communities
governing the supervision of shipments of waste within the European
the community, into and out of it and their control ^ 39) "are replaced by the words
"directly applicable European Community law on the carriage of
waste ^ 39) ".
21. in section 66 paragraph 1. 2 at the end of subparagraph (c)), the word "or" is deleted.
22. in paragraph 66, the dot at the end of paragraph 2 is replaced by a comma and the word
"or" and the following point (e)), which read as follows:
"e) as the owner of the PCB, PCB wastes, or as the owner or operator of the
equipment containing PCBs has not sent in violation of § 27 para. 8 the Ministry of
the plan for the gradual elimination of PCB waste PCBS and equipment containing PCBs
plan for the decontamination of PCB-containing equipment for the period from 2009 to 2010, or
contrary to section 27 para. 9 has failed to list owned or
operated equipment that contains PCBs and are not subject to registration, or
It has not sent until 31 December 2006. December 2008 Ministry. ".
23. in section 66 paragraph 1. 3 at the end of subparagraph (g)) the word "or" is deleted.
24. in section 66 paragraph 1. 3 at the end of paragraph (i)) the following the word "or".
25. In section 66 paragraph 1. 3 the letter j) is added:
"(j)) does not make the decontamination or does not remove the equipment referred to in section 27 para. 1
until 31 December 2006. December 2010. ".
26. in section 66 paragraph 1. 4 at the end of subparagraph (f)), the word "or" is deleted.
27. in section 66 paragraph 1. 4 the letter g) is added:
"g) in violation of cross-border shipments of waste obligation directly
the applicable law of the European communities the waste shipment ^ 39)
or does not comply with the conditions laid down in the decision of the Ministry issued pursuant to
directly applicable European Community legislation on the carriage of
waste ^ 39) or a part of the ninth, or ".
28. in section 66 paragraph 1. 4, the following point (h)), which read as follows:
"h) disposes of the waste management of persistent organic pollutants in
contrary to the directly applicable European Community law on the
persistent organic pollutants ^ 30a) or does not
register on waste persistent organic pollutants
or development details according to § 39 para. 8. ".
29. in § 69 para. 2 (a). (b)), the words "carried out illegal traffic
the waste referred to in article. 26 of Council Regulation (EEC) No 259/93 on the supervision of
shipments of waste within the European Community, into and out of the
their control ^ 39) "shall be replaced by the words" transporting the waste in violation of
directly applicable European Community law on the carriage of
waste ^ 39) ".
30. In § 72 para. 1 letter d) is added:
"(d)) shall be the competent authority, and the contact body for
the cross-border shipment of waste, and the function of the contact body for waste
persistent organic pollutants ".
31. in § 72 para. 1 letter e) is added:
"e) directly applicable decisions pursuant to regulation of the European
Community waste shipment ^ 39) and by the ninth, "section.
32. In § 72 para. 1 (b). I), after the words "carriers of waste,"
the words "waste persistent organic pollutants".
33. In paragraph 76, the dot at the end of paragraph 1 is replaced by a comma and the following
letter h) is added:
"h) checks whether the management of persistent organic
pollutants treated in accordance with a directly applicable regulation
Of the European communities on persistent organic pollutants
substances ^ 30a) and the law. ".
34. In § 77 para. 4 (b). a) and b), para. 6, 16 and 17 (b). (b)), the words
"the legislation of the European communities concerning the supervision of the
shipments of waste within the European Community, into and out of it, and
their control, ^ 39) "shall be replaced by the words" directly applicable legislation
European Community waste shipment ^ 39) ".
35. In § 77 para. 4 (b). (d)), the words "the legislation of the European
the community governing the supervision of shipments of waste within the European
the community, into and out of it and their control ^ 39) "shall be replaced by
"directly applicable European Community law on the carriage of
waste ^ 39) ".
36. In § 77 para. 7, the words ' article 26 of Council Regulation (EEC) No 259/93 on the
the supervision of shipments of waste within the European Community, into and out of
him and about their control ^ 39) "shall be replaced by the words" directly applicable
Regulation of the European communities the waste shipment ^ 39) ".
37. In paragraph 78, the dot at the end of paragraph 2 is replaced by a comma and the following
in the letter), which read as follows:
"in) decides according to art. 7 (2). 4 (b). (b)) usable code directly
Of the European communities on persistent organic pollutants
substances ^ 30a); the decision may impose conditions; about issued
decisions shall inform the Ministry of each year to 30. April
the following year. ".
38. In paragraph 79, the dot at the end of paragraph 1 is replaced by a comma and the following
the letter k), which read as follows:
"to ensure safe storage of waste) according to § 58 para. 3. ".
39. After annex # 7, the following appendix 8, including the title reads as follows:
"Appendix 8 to Act No. 185/2001 Coll.
Substances that indicate a waste waste persistent organic
the pollutants
-------------------------------------- -------------------------------------------
Substance CAS Number, Ec Number
-------------------------------------- -------------------------------------------
Aldrin 309-00-2 206-215-8
-------------------------------------- -------------------------------------------
Chlordane 57-74-9 200-349-0
-------------------------------------- -------------------------------------------
Dieldrin 60-57-1 200-484-5
-------------------------------------- -------------------------------------------
Endrin 72-20-8 200-775-7
-------------------------------------- -------------------------------------------
Heptachlor 76-44-8 200-962-3
-------------------------------------- -------------------------------------------
Hexachlorobenzene 118-74-1 200-273-9
-------------------------------------- -------------------------------------------
Mirex 2385-85-5, 219-196-6
-------------------------------------- -------------------------------------------
Toxaphene 8001-35-2, 232-283-3
-------------------------------------- -------------------------------------------
Polychlorinated biphenyls (PCBs) 1336-36-3 and others 215-648-1
-------------------------------------- -------------------------------------------
DDT (1, 1, 1-trichloro-2.2-bis (4-50-29-3 200-024-3
chlorofenyl) ethane)
-------------------------------------- -------------------------------------------
Chlordekon 143-50-0 205-601-3
-------------------------------------- -------------------------------------------
Polychlorinated dibenzo-p-dioxins and
dibenzofurans (PCDD/PCDF)
-------------------------------------- -------------------------------------------
the sum of Alpha-, beta-and gamma-HCH 58-89-9, 319-84-6, 206-270-8, 206-271-3
319-85-7 200-401-2
-------------------------------------- -------------------------------------------
Hexabrombifenyl 36355-01-8 252-994-2 "
-------------------------------------- -------------------------------------------
Article. (II)
The effectiveness of the
This Act shall take effect on the date of its publication, with the exception of the provisions
article. I, point 1 in terms of § 24 para. 1 (b). (d)), which shall become effective
on 1 January 2004. October 2008.
Vaidya in the r.
Klaus r.
Topolanek in r.