188/2004 Sb.
LAW
of 26 March. March 2004,
amending Act No. 185/2001 Coll., on waste and amending certain
other laws, as amended
Changed: 7/2005 Sb.
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. and Act No. 167/2004 Coll., is amended
as follows:
1. In paragraph 1, at the end of the introductory part of the text, the words "in accordance with the
the law of the European Communities ' ^ 1 ') ".
Footnote 1) reads as follows:
"1) Council directive of 15 October 1968. July 1975 on waste (75/442/EEC).
Council directive of 18 March 2004. March 1991, amending Directive
75/442/EEC on waste (91/156/EEC).
Council directive of 16 June 1992. June 1975 on the disposal of waste oils
(75/439/EEC).
Council directive of 22 May 2001. November 1986 amending Directive
75/439/EEC on the disposal of waste oils (87/101/EEC).
Council directive of 20 December 2002. February 1978 on waste from the oxide industry
titanium dioxide (78/176/EEC).
Article. Council directive of 17 May. December 1979 on the protection of groundwater
against pollution caused by certain dangerous substances (80/68/EEC).
Council directive of 12 June. June 1986 on the protection of the environment and
in particular of the soil, when the use of sewage sludge in agriculture
(86/278/EEC).
Council directive of 19 December. March 1987 on the prevention and control of
environmental pollution by asbestos (87/217/EEC).
Council directive of 18 March 2004. March 1991 on batteries and accumulators
containing certain dangerous substances (91/157/EEC).
Commission Directive 98/101/EC of 22 December 2004. in December 1998, which
adapting to technical progress Council Directive 91/157/EEC on batteries and
accumulators containing certain hazardous substances.
Council directive of 12 June. December 1991 on hazardous waste
(91/689/EEC).
Council directive of 23 October 1962. December 1991 standardising and
rationalising reports on the implementation of certain directives relating to the
the environment (91/692/EEC).
Council Directive 96/59/EC of 16 December 2002. September 1996 on the disposal of
polychlorinated biphenyls and polychlorinated terphenyls (PCB/PCT).
Council Directive 1999/31/EC of 26 July 2000. April 1999 on the landfill of waste.
Directive 2000/53/EC of the European Parliament and of the Council of 18 June 2003. September 2000 on the
ELV. ".
Footnote # 1) is referred to as a footnote
No. 1a), including the reference to this footnote.
2. In article 2 (2). 1 letter e) including footnote No 6) reads as follows:
"e) of the dead human bodies, including still births and miscarriages, parts
bodies including amputovaných limbs and organs and remains. ^ 6)
6) Act No. 20/1966 Coll., on the health care of the people, as amended
regulations.
Act No. 257/2001 Coll., on the funeral industry and amending certain acts, in
as amended.
Law no 289/2002 Coll., on the donation, subscriptions and transplantation of tissues and
bodies and amending certain acts. ".
3. In article 2 (2). 1, the following point (i)), which read as follows:
"i) depleted soils and hlušin, including sediments from rivers and
water reservoirs suitable for pollution limits their use to the
the delivery of the underground space and to modify the surface of the terrain (terrain
Edit), laid down in the implementing regulation. ".
4. In section 2, the following paragraph 3 is added:
"(3) the Ministry of the environment and Ministry of agriculture
the Decree lays down the limit values for pollutants in depleted koncetrací
soils and hlušinách, including the dredging of sediments from rivers and
water reservoirs, which are not covered by the law on waste. ".
5. In paragraph 4 (b). (b)), after the words "in the activities of natural persons ' shall be
the words "and which is listed as a municipal waste in the implementing
prescription ".
6. In article 7 (2). 3, after the word "always" is inserted after the word "maximum".
7. In § 8 para. 2 (a). (d)), after the words "issued," the words "If
extension of the mandate has not been sought within the meaning of § 7 para. 4. "
8. In article 14, the following shall be added at the end of paragraph 1, the sentence "the consent for the operation
landfill of hazardous waste shall be granted for a fixed period, for a maximum of 4
for years. Period of validity of the consent of the regional office shall be extended on request
the operator of the landfill of hazardous waste up to the next 4 years,
If the conditions are met and fulfilled the obligations in the operation of the landfill
established by this Act and the implementing regulation. ".
9. in § 14 para. 5 (b). (b)), the connector "a" shall be deleted and at the end of subparagraph (c))
the dot is replaced by a comma and the following point (d)), which read as follows:
"(d)) the content of the landfill plan.".
10. In article 16(1). 1 (b). g), the words "devices and substances containing PCBS"
replaced by the words "of PCBs and equipment containing PCBs and subject to
Register ".
11. In article 16(1). 2, the words "with the consent of the competent regional authority
the refrain "shall be replaced by the words" with the consent of the Office concerned, to refrain
Government authority with regard to the changes in competences ".
12. In paragraph 16, at the end of paragraph 3, the words ", if this
activity no longer has approval to operate the equipment referred to in section 14, "and at the end of
paragraph 3, the following sentence "transport of hazardous waste is not subject to
consent. ".
13. in section 17a, the following paragraph 6, including footnotes.
25B):
"(6) in proceedings concerning municipal waste fees apply
specific legislation. ^ 25b)
25B) Act No. 337/1992 Coll., on administration of taxes and fees, as amended by
amended. ".
14. in section 18 para. 1 (b). j), the words "devices and substances containing PCBS"
replaced by the words "of PCBs and equipment containing PCBs and subject to
Register ".
15. in section 19 para. 1 (b). e), the words "devices and substances containing PCBS"
replaced by the words "of PCBs and equipment containing PCBs and subject to
Register ".
16. in section 20 (a). e), the words "devices and substances containing PCBS" are replaced by
the words "of PCBs and equipment containing PCBs and subject to registration".
17. in section 21 para. 1, at the beginning of subparagraph (a)), the words "before the
the start of operation of the landfill demonstrate that it does not have debts to locally
the competent tax authority and that has set up a special account pursuant to § 50 ".
18. in section 26 (b). a), the words "any of these substances in a concentration
more "shall be replaced by the words" one or more of the listed substances in the total
concentration of these substances is higher. "
19. in section 26 (b). (b)), the words "(eg. Transformers, capacitors,
the remains of the tank refills) ' are deleted.
20. in section 26 c) and (d)):
"c) equipment containing PCBs and subject to register-equipment
containing PCBs [(b))] with the total volume of PCBS greater than 5 cartridges
litres,
d) devices that may contain PCB-oil transformers,
liquid dielectric capacitors, resistors, inductors and other
electrical equipment filled with dielectric fluid, hydraulic
mining equipment, vacuum pumps, industrial equipment with heating
the liquid (Duplicators, road grit and so on)
or parts of the device that contains more than 5 liters of liquids ".
21. in paragraph 26, the following point (e)) to (g)), which read as follows:
"e) device without PCB-equipment according to point (b)), which was successfully
decontaminated and equipment according to subparagraph (d)), in which it has been demonstrated
the absence of PCBS according to § 27 para. 8 (a). (c)),
(f)) decontamination-all procedures that will enable equipment, objects
and materials containing PCBs to be after you demonstrate the absence of PCBS
the manner prescribed by the implementing regulation again used,
recycled or disposed of. Decontamination may be the replacement PCB
other appropriate substances not containing PCBs,
g) removing PCB-waste disposal methods referred to under codes D8,
D9, D10, D12, and D15 of annex 4 to this Act. ".
22. In the title of section 27 of the word "waste", the words "with the content" shall be deleted.
23. in section 27, paragraph 1 reads:
"(1) PCB waste Owners are required to remove them and the owners,
where appropriate, the operators of equipment containing PCBs are bound to this
device to decontaminate or delete in accordance with this Act in the
as soon as possible, but no later than the end of 2010.
Transformers, for which the operating liquid contains 50-500 mg/kg of PCBS
their owners, or operators of decontaminated or
Delete to end of life. ".
24. In section 27 para. 3, the word "substances" is deleted.
25. In section 27 para. 5 at the end of the first sentence, following the word "PCBS".
26. in section 27 para. 7, the words "containing PCBs and subject to registration"
replaced by the words "which may contain PCBS [section 26 (b). d)],".
27. in section 27 para. 8, at the beginning of subparagraph (a)), the words "the conditions
for decontamination, ".
28. in section 27 para. 8 (a). (c)), the word "absence" is replaced by
"the absence".
29. In article 31, paragraph 6, the following paragraph 7 is added:
"(7) the importer has to the matters referred to in paragraphs 5 and 6
show the Customs Office by presenting the document referred to in paragraph 8. ".
The present paragraph 7 shall become paragraph 8.
30. In paragraph 31, at the end of paragraph 8, the words "and the form and content
the document, which certifies the compliance with the conditions and criteria referred to in
paragraphs 5 and 6 ".
31. in section 34 to the beginning of paragraph 2, the following sentence "consent to treatment
hazardous wastes from titanium dioxide production, the competent authority of the public
grant management, if the environmental impact assessment ^ 8a) proves
immediate or later assumed the harmful effects of production on the
the environment. ".
Footnote No. 8a):
"8a) 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
environment). ".
32. In section 34 is at the end of paragraph 4, the words "and requests the
monitoring of the components of the environment ".
33. In article 35, the following paragraph 3 is added:
"(3) the Ministry of the implementing regulation lays down the requirements for the
waste from asbestos landfill. ".
34. sections 36 and 37, including headings and footnotes no 31a) up to 31 d)
shall be added:
"Part 7
Car wrecks
section 36
For the purposes of this Act, means the
and autovrakem-each) complete or incomplete motor vehicle, which was
intended for use on the road for the carriage of people, animals
or things (hereinafter referred to as "vehicle") and became a waste pursuant to § 3,
(b)) the selected autovrakem-each complete or incomplete motor vehicle
defined special legislation ^ 31a) as a vehicle of category M1,
or N1 or three-wheel motor vehicle ^ 31b) with the exception of motor
tricycle ^ 31b) (hereinafter referred to as "vehicle"), which became a waste
pursuant to § 3,
(c)) by the manufacturer-the ultimate vehicle manufacturer that it said in the United
Republic on the market, or its legal successor,
(d) individual importer-importer) vehicle that is not accredited
the importer,
e) reuse-use part of car wrecks without their
processing for the same purpose for which they were originally intended,
f) processing-operations carried out after the takeover of wreck cars for the purpose of
removal of hazardous components of wreck cars, removing, cutting, shredding
(shredding), preparing for the disposal or recovery of waste from shredding and
the implementation of all other operations necessary for the recovery or disposal
of wreck cars and its components,
g) processor of wreck cars-legal or natural person authorized to
the business, which carries out one or more of the operations referred to in points (f)) on the
the basis of the consent referred to in § 14 para. 1.
§ 37
Obligations in the handling of the car wrecks
(1) anyone who deprives of wreck cars, is obliged to autovrak pass only
persons who are the operators of installations for the collection, purchase, processing,
recovery or disposal of scrap cars.
(2) the owner of the vehicle before passing it in accordance with paragraph 1 shall be obliged to
place the vehicle on the place where damage or do not endanger the environment
neither impairs the aesthetic appearance of the municipality or the nature or the countryside. ^ 31 c)
(3) the vehicle in contravention of paragraph 2 (hereinafter referred to as "ghost
the vehicle "), after the expiry of 2 months at the expense of his municipal office
the owner of the selected car park. Information about the location of an abandoned
of the vehicle on the selected parking shall be published by the local authority on its notice board.
About the location of the vehicle shall inform the owner if it is possible
identify.
(4) if the owner does not take the vehicle from the car park after a futile
the expiry of 2 months of informing the owner and in case of impossibility to
his identification of the publication of the information referred to in paragraph 3, it shall be deemed
that the vehicle is autovrak. Municipal Office disposed of autovrakem according to the
of paragraph 1.
(5) the costs associated with the procedure laid down in paragraphs 3 and 4 shall pay the
the last owner of the village abandoned the registry of motor vehicles referred to in
vehicles.
(6) in cases where the abandoned vehicle placed on the ground
communication, proceed in accordance with the specific legislation. ^ 31 d)
(7) the person authorized to collect, purchase, processing, use and
the removal of scrap vehicles are required to
and establish a system for the collection of selected) car wrecks and their components
reasonable density of collection points,
(b)) to dispose of the selected car wrecks and their components so as to
achieved that
1. not later than 1. January 2006 will be used once the selected car wrecks
and used to the extent of at least 85% of the average weight of all selected
vehicles accepted for the calendar year and reused and material
used to the extent of at least 80% of the average weight of all the selected vehicles
accepted for the calendar year, with the exception of selected vehicles produced
1. in January 1980, for that is the rate of re-use and recovery
set at 75% and the rate of re-use and material recovery on
70%,
2. by 1. January 2015 will be used once the selected car wrecks
and used to the extent of at least 95% of the average weight of all the selected
vehicles accepted for the calendar year and reused and material
used to the extent of at least 85% of the average weight of all the selected vehicles
accepted for the calendar year,
(c)) to meet the obligations laid down in points) and (b)) close
written agreement with accredited importers and manufacturers of selected
car wrecks.
(8) the obligations referred to in paragraph 7 (a)) shall not apply to three-wheeled
motor vehicles and special purpose vehicles. ^ 31b)
(9) the Ministry shall lay down technical implementing regulation
the requirements on the handling of the car wrecks.
31A) Annex A of Act No. 56/2001 Coll., on conditions for the operation of vehicles on
the road and amending Act No. 168/1999 Coll.
31B) the annex No. 1 of Decree No. 341/2002 Coll., on the approval of the technical
eligibility and technical conditions of the use of vehicles on the road
safety, as amended by Decree No. 100/2003 Coll.
31 c) of section 14 of Act No. 114/1992 Coll., on nature and landscape protection.
31 d) § 2, 19 and 40 of Act No. 13/1997 Coll., on the road,
as amended. ".
35. in paragraph 37, the following new section 37a-37e, which including headings and
footnotes # 31e) up-31j) shall be added:
"§ 37a
Obligations of producers and importers upon recovery of the selected car wrecks
(1) Accredited importers ^ 31e) or their legal successor (hereinafter
"accredited importers") and producers are required to
and all processors) to provide information that is necessary for the substantive
a proper and ecologically gentle processing selected of wreck cars in the form of
manuals or technical data carrier within six months after the
the placing on the market of vehicles,
(b) at their own expense) to ensure the collection, treatment, recovery and disposal
selected car wrecks with effect from the effective date of this Act for the new
the selected vehicles put on the market in the Czech Republic from 1 January 2002. July
2002 and 1 January 2004. January 2007 for new vehicles put on the market in
The Czech Republic before 1 May 2004. July 2002,
(c)) ensure that requirements set out in § 37 para. 7 (b). (b)).
(2) each manufacturer and importer is obliged to remove accredited selected
the vehicle's own brand for the first time put on the market in the Czech Republic after the date
on July 1, 2002, and from 1 January 2006. January 2007 and selected vehicles listed on the
the market in the Czech Republic before 1 May 2004. July 2002, if those selected
the vehicle is handed over to a collection point provided by the manufacturer or
accredited by the importer.
(3) the obligations referred to in paragraph 1 (b). (b)) shall not apply to vehicles
Special purpose. ^ 31b)
(4) the manufacturer and the importer is obliged to accredited
and) to meet the obligations laid down in paragraph 1 (b). (b)) close
written contract with persons authorized to collect, purchase, processing,
Alternatively, use and disposal of the selected car wrecks, if they do not
alone,
(b)) to handle the annual report on the implementation of the objectives set out in § 37 para. 7
(a). (b)) for the previous calendar year to the extent provided for in the implementing
legal regulation and this report annually send to the Ministry until 31 December 2006.
March.
§ 37b
The obligations of the operator to collect scrap cars
(1) the operator shall be obliged to collect scrap cars
and) fulfil the obligations according to § 14 para. 1 and section 18,
(b)) to take, in accordance with the operating regulations all the car wrecks or their
section and take over all the used parts removed when repairing vehicles,
(c)) free of charge to take the selected car wrecks of vehicles for the first time referred to the
market after the date 1. July 2002, if they contain must be part of the vehicle,
in particular, drive and transmission units, the body, the catalyst according to
homologation, bumpers and if they do not contain part of the non-approved by the manufacturer and
waste not having the origin in the selected vehicle; for the selected car wrecks from
vehicles placed on the market before 1 July 2006. July 2002 applies this
duty from 1 January 2003. January 2007,
(d) upon receipt of wreck cars free of charge) to expose the acknowledgement of receipt,
the formalities laid down detailed legal prescription,
e) handover of wreck cars to handle exclusively processors
car wrecks, if it is not itself,
(f)) to store the car wrecks in accordance with the conditions laid down in the implementing
by law,
g) keep a register of accepted autovracích and autovracích sent to you
processing and send the data to the competent administrative authority to the extent and
the manner prescribed by the implementing regulation.
(2) the Ministry shall determine the implementing regulation requirements
acknowledgement of receipt of wreck cars in installations for the collection of scrap cars, terms and conditions
for the storage of car wrecks and the extent and method of keeping records taken
car wrecks.
§ 37 c
Obligations of the processor of scrap cars
(1) the processor is required to scrap cars
and) fulfil the obligations according to § 14 para. 1 and section 19,
(b)) before the start of processing operations of wreck cars ensure drain
and separate collection of fluids,
(c) disassemble the implementing regulation) a defined part of car wrecks before
their further processing, so as to reduce the negative impact on the
the environment,
(d)) to destroy the selected identification number (VIN) of wreck cars in a way that
excludes any re-use,
(e)) and separate part of car wrecks and materials containing lead,
Mercury, cadmium and hexavalent chromium specified by an implementing regulation and
to use or remove them separately,
f) store and disassemble the car wrecks to be part again
use or material use,
g) materials and parts of car wrecks as far as possible reuse,
use the delete or, where appropriate, in order to pass to another person,
h) keep a register of accepted autovracích and about the ways their
processing and send the data to the competent administrative authority to the extent and
the manner prescribed by the implementing regulation,
I) with materials and parts of the selected car wrecks to dispose of in accordance with § 37
paragraph. 7 (b). (b)).
(2) the processor can offer parts and parts of wrecked cars manufacturers, importers,
or other qualified candidates for reuse. For
qualified candidates will be considered legal or natural person
authorized to do business in the field of repair and servicing of motor vehicles according to
special legislation. ^ 12)
§ 37 d
Certification
Consent pursuant to § 14 para. 1 to operate the equipment to collect or
processing of the selected car wrecks the regional office to grant, under the conditions
laid down by this Act only the legal entity or natural person
entitled to a business that has been issued a certificate to this action by
special legislation. ^ 31f) the validity of the consent shall also cease
along with the expired certificate.
§ 37e
Fees to support the collection, treatment, recovery and disposal of selected
car wrecks
(1) Accredited importers and individual importers are obliged to pay the
on imported second-hand vehicles a fee to support the collection,
treatment, recovery and deletion of the selected car wrecks in the amount of CZK 5,000.
Where the importer or the individual accredited by the importer that imported
the selected vehicle used complies with the technical conditions for emission limits in the
exhaust gases, which are in accordance with the provisions of the European
Community ^ 31e) required for the manufacture of the same category of the new
the vehicle is exempt from the payment of this fee. The degree of implementation of emission
the level is determined on the basis of a technical Protocol on emission test according
emission/ECE regulations issued by an authorized technical service.
(2) the Fee referred to in paragraph 1
and of the selected vehicles), meeting the conditions for the approval of
the technical competence of the vehicle to the road safety
According to a special legal regulation, ^ 31f) is charged on the basis of
a technical Protocol on the fulfilment degree of emission levels emission UN/ECE text
issued by an authorized technical service before issuing the registration certificate ^ 31 g)
selected vehicle
(b)) of the selected vehicles not complying with the conditions for approval
the technical competence of the vehicle to the road safety
According to a special legal regulation, ^ 31f) intended for their
reconstruction, ^ 31i) is paid before showing the changes in the registration certificate
the selected vehicle, ^-31j)
(c)) of the selected vehicles not complying with the conditions for approval
the technical competence of the vehicle to the road safety
under special legislation ^ 31f) even after their conversion, ^ 31i)
imported as car wrecks for the disassembly of parts,
apply before the release of the consent of the Ministry to import of waste by law
of the European communities law governing the supervision of transport
waste within the European communities, into and out of him and their
control. ^ 39)
(3) the Fee referred to in paragraph 1 shall be paid into the special account of the State Fund
the environment of the Czech Republic ^ 31 h) intended for the treatment of
selected car wrecks. The resources of the special account shall be used
exclusively to promote the collection, treatment, recovery and disposal of selected
wrecked cars and their components.
(4) details of the payment of the fees referred to in paragraph 1 shall provide the Ministry of
an implementing regulation.
31E) for example, Commission Directive 98/77/EC of 2 October 1998. October 1998
adapting to technical progress Council Directive 70/220/EEC on the
measures against air pollution by emissions for motor vehicles;
Directive 2001/1/EC of the European Parliament and of the Council of 22 July 2003. January 2001 on the
amending Council Directive 70/220/EEC concerning measures against air pollution
motor vehicle emissions.
31F) section 34 and 35 of the Act No. 56/2001 Coll., on conditions for the operation of vehicles on
the road and amending Act No. 168/1999 Coll.
31 g) § 3 and 7 of Decree No. 241/2001 Coll., on registration of vehicles, as amended by
amended.
31 h) Act No. 389/1991 Coll., on the State Environmental Fund of the Czech
Republic, as amended.
31I) section 73 and 74 of the Act No. 56/2001 Coll.
-31j) section 4 of Decree No. 241/2001 Coll., as amended. ".
12) for example, Act No. 455/1991 Coll., on trades
(Trade Act), as subsequently amended, Act No. 513/1991
Coll., the commercial code, as amended, Act No. 138/1973
Coll., as subsequently amended, Act No. 309/1991 Coll., as amended by
amended.
36. In § 38 paragraph 1(a). 1, letter a) is added:
") other than crude mineral oils and crude oils from bituminous
minerals, preparations not elsewhere specified or included, containing not less than 70
% oils, these oils are an essential component of these
products ".
37. In § 38 paragraph 1(a). 1 letter f) is added:
"(f)) refrigerators, freezers and their combinations, intended for use
in the home. ".
38. In § 38 paragraph 1(a). 3 the first sentence, the words ' intended for recovery of the subscription "
replaced by the words "offered to back".
39. In § 38 paragraph 1(a). 7, the last sentence shall be deleted.
40. In article 38, after paragraph 7, the following paragraph 8 is added:
"(8) removed the product becomes waste at the moment of handing over the person
authorized to its use or delete. ".
Paragraphs 8 to 10 shall be renumbered as paragraphs 9 to 11.
41. In paragraph 38, at the end of paragraph 9, the words ", and in the end
the calendar year following the calendar year in which they were
removed ".
42. in the title of section 39, the words "and the equipment and substances containing PCBS" are replaced by
the words ", PCB, equipment containing PCBs and PCB wastes".
43. In article 39, paragraph 3 reads:
"(3) the operators of installations for the disposal or recovery of waste, and
the operators of the equipment referred to in § 14 para. 2 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 send data about this
device or the transport company to the municipal authority of the municipality with extended
application to the competent according to the place of the device, the mobile device and
carriers under the operator's registered office or residence, within 2 months of the
start or stop the operation of this device or transport companies or
for devices to the effective date of this Act, no longer operated within 6 months
from the entry into force of this Act. The method of reporting provides detailed
legislation. ".
44. In article 39, paragraph 4, the following paragraph 5 is added:
"(5) the operators of installations for the collection and processing of car wrecks are
required to keep records and to send data on the number and condition of the grants
car wrecks and how they are processed each year by 15. February
the following year the municipal office municipality with extended competence
the competent according to the place of establishment ".
Paragraphs 5 to 11 are renumbered 6 to 12.
45. In § 39 para. 7, the number "5" shall be replaced by the number "6", the words "warehouses
waste "with the words" taken over by car wrecks and the ways
processing and haulers of waste "and after the word" Ministry ", the following
the words "and to the competent regional authority".
46. In section 39 paragraph 8 reads as follows:
"(8) legal persons and physical persons entitled to a business that
operate equipment containing PCBs and subject to registration in accordance with section 26
(a). (c)), or owned or held by PCB as defined in section 26 (b). and), are
obliged to keep records of this device separately and PCB in the range
provided for in the implementing legislation. Changes in registered
the facts are these persons are obliged to report immediately to the Ministry
After the change occurred. The method of reporting changes in registered
the facts lays down implementing legislation. ".
47. In § 39 para. 9, the words "devices and substances containing PCBS" are replaced by
the words "PCBS, waste PCBs and equipment containing PCBs and subject to
Register ".
48. In paragraph 39, at the end of paragraph 10, the following sentence "the local authority of a
extended powers and the regional office shall be published on the portal public
management, or other appropriate means, the current list of devices
operated pursuant to § 14 para. 1 and according to § 14 para. 2. ".
49. In § 39 para. 11 is the number "9" is replaced by "10".
50. in § 39 para. 12 (a). (b)), after the words "warehouses of waste", the words
"carriers of waste" and the words "and the equipment and substances containing PCBS"
replaced by the words ", PCBs, waste PCBs and equipment containing PCBs, the number of
and the State taken over by car wrecks and ways to handle them. "
51. In § 41 para. 1 the words "and implementing regulation" shall be deleted.
52. In paragraph 41, paragraphs 3 and 4 shall be deleted.
Paragraphs 5 and 6 shall be renumbered 3 and 4.
53. In § 42 para. 1 the words "and announces it to the Government, by regulation"
shall be deleted.
54. In § 42 para. 2, after the word "contains" the words "evaluation
the status of waste management, "and the word" resolution "is deleted.
55. In article 42, paragraph 2, the following paragraph 3 is added:
"(3) a mandatory part of the waste management plan of the Czech Republic
Announces government regulation. ".
Paragraphs 3 to 5 shall become paragraphs 4 to 6.
56. In § 42 paragraph 4 is added:
"(4) the mandatory part of the waste management plan of the Czech Republic provides for the
framework objectives, framework measures to achieve them, and adjusts the system
indicators of their reviews for
and) waste prevention, reducing their quantity and hazardous
properties,
(b) the management of selected waste) under part four of this Act,
(c) waste with other waste), in particular, hazardous,
(d)), management of waste from packaging,
(e)) the recovery of waste,
f) reducing waste going to the landfill and the proportion of biologically
biodegradable ingredients contained therein,
g) towards an integrated waste management system. ".
57. In § 42 paragraph 6 is added:
"(6) 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 regions and for decision-making and other activities of the competent
administrative offices, regions and municipalities in the area of waste management. ".
58. In paragraph 42, the following paragraph 7 and 8 are added:
"(7) evaluation of the implementation of the waste management plan of the Czech Republic
the Ministry performs with the system of indicators each year to 31.
December of the following year.
(8) the waste management Plan of the Czech Republic and its changes
the Ministry shall publish on the portal of the public administration, or some other appropriate
way. ".
59. In § 43 para. 2 and 3 and § 44 para. 2, 4 and 5, the word "resolution" is deleted.
60. In article 43, paragraph 4 reads:
"(4) the mandatory part of the waste management plan of the region lays down specific
objectives, concrete measures to achieve them for
and) waste prevention, reducing their quantity and hazardous
properties,
(b) management of municipal wastes),
(c) the management of selected waste) under part four of this Act,
(d) waste with other waste), in particular, hazardous,
(e)), management of waste from packaging,
(f)) the recovery of waste,
g) reducing waste going to landfill and the proportion of biologically
biodegradable ingredients contained therein,
h) towards an integrated waste management system. ".
61. In § 43 para. 6, the words "1 year" shall be replaced by "18 months" and
the words "waste management plan of the Czech Republic and its changes"
replaced by the words "binding part of the waste management plan of the Czech
of the Republic ".
62. In section 43 shall be added at the end of paragraph 8, the phrase "the County is required to
comments to deal and this settlement public. ".
63. In section 43 paragraph 9 is added:
"(9) Region in a separate scope are required to send a copy of the plan
waste management region or its changes to the Ministry within 1 month
After its approval. ".
64. In section 43 paragraph 10 to 12 as follows:
"(10) a binding part of the waste management plan of the County and its change
announce the region generally binding Decree. ^ 32) Mandatory part of plan
waste management is a binding basis for processing
waste management plans of waste producers and for decision-making and
conceptual activities of competent administrative authorities, counties and municipalities in the area of
waste management.
(11) evaluation of the implementation of the plan be sent to County waste management region
the Ministry annually to 15. November of the following year.
The evaluation carried out by the system of indicators laid down in binding
part of the waste management plan of the Czech Republic.
(12) the waste management Plan of the County and its region of the changes will be published on
Portal of the public administration, or other suitable means. ".
65. In § 44 para. 5 the first sentence, the word "region" is replaced by
"regional authority" and the words "registered office or domicile" shall be replaced by
"the headquarters of the establishment", and in the second sentence, the words "County within 2 months"
replaced by the words "the regional office within 3 months".
66. In article 44 paragraph 6 is added:
"(6) the producer shall, within 3 months from the date of receipt of the comments
the competent regional office send this regional authority modified plan
waste management is built-in comments. ".
67. In paragraph 44, the following paragraph 9 is added:
"(9) the Ministry shall determine the implementing legislation, the content of the plan
waste producer. ".
68. In section 45 at the end of paragraph 3 the following sentence "the Ministry shall determine
an implementing regulation of waste storage requirements as
technological material to ensure landfill. ".
69. In § 46 para. 5 after the word "village", the words "and regional authority" and
the word "which" shall be replaced by the words "on whose".
70. In paragraph 48, the following paragraph 5 is added:
"(5) the Management of asbestos are charged at the rate for the other
waste. ".
71. In paragraph 49, at the end of paragraph 2 the following sentence "the interest on the cash
resources financial guarantees and cash reserves are part of it. ".
72. In § 49 paragraph 3 reads:
"(3) the funds of the reserve is stored in a special account in the
the Bank. The financial resources of the reserve cannot be the subject of regulation and
enforcement, not included in the bankruptcy estate
the landfill operator, owner or their legal
successors. ".
73. In § 50 para. 2, the word "i" shall be replaced by "an indication that the landfill is
the financial reserve refers to and "and the words" within the meaning of paragraph 1 "are replaced by the
the words "that is managed by the Bank under section 49 to 51".
74. In article 51, paragraph 2 reads as follows:
"(2) the termination of the operator of the site before the termination of care and
its legal successor is not known or does not exist, the Bank shall levy
the undrawn part of financial guarantees and the financial reserves of the State Fund
the environment of the Czech Republic and inform the Regional Office of
territorial jurisdiction according to the location of the landfill. These funds will be A
Environmental Fund remitted to the special account referred to in-bound
of this Act, a person who secures the rehabilitation, care and rehabilitation
After the end of operation, the drains on this landfill. The method of drawing
means of financial guarantees and the financial reserve from this account is done
in accordance with paragraph 1. ".
75. In § 51 para. 4 (b). and the words ") with the exception of waste
asbestos ".
76. In § 54 para. 4 (b). (b)), the following words "and waste of asbestos".
77. the heading of part of the ninth added:
"CROSS-BORDER SHIPMENTS OF WASTE".
78. section 53, including footnote No. 39):
"section 53
(1) the cross-border shipment of waste to the Czech Republic from the United States
and through the Czech Republic (hereinafter referred to as "cross-border shipments of waste")
European Community legislation governing the supervision of
shipments of waste within the European Community, into and out of it, and
their control. ^ 39) this law contains the provisions necessary for their
implementation.
(2) the competent administrative authority for cross-border shipment of waste, and
correspondent for the Czech Republic is the Ministry of.
39) Council Regulation (EEC) No 259/93 on the supervision of shipments of waste within
The European Community, into and out of it, and of their control, as amended by
Council Regulation (EC) No 120/97 amending Council Regulation (EEC) No.
259/93, as amended by Commission decision 1999/816/EC, adapting,
in accordance with article 6(1). Article 16(1). 1 and article. paragraph 42. 3, annexes II, III, IV and V
Council Regulation (EEC) No 259/93, as amended by Commission Regulation (EC) No.
2557/2001 amending Annex V to Council Regulation (EEC) No 259/93.
Council Regulation (EC) No 1420/1999 establishing common rules and
procedures for the transport of certain types of waste to certain non-member
OECD countries, as amended by Commission Regulation (EC) no 1208/2000, amending
Council Regulation (EC) No 1420/1999 and Council Regulation (EC) No 1547/1999,
the texts of Commission Regulation (EC) no 2630/2000 amending Council regulation
(EC) No 1420/1999, as amended by Commission Regulation (EC) No 77/2001 laying
Council Regulation (EC) No 1420/1999 and Council Regulation (EC) No 1547/1999,
as amended by Commission Regulation (EC) no 1800/2001, amending Regulation
Council Regulation (EC) No 1420/1999 and Council Regulation (EC) No 1547/1999, as amended by
Commission Regulation (EC) no 2243/2001 amending Council Regulation (EC) No.
1420/1999 and Council Regulation (EC) No 1547/1999.
Commission Regulation (EC) No 1547/1999, laying down the control procedures
According to Council Regulation (EEC) No 259/93, to shipments of certain types of waste
to certain countries to which OECD decision C (92) 39 in
final, as amended by Commission Regulation (EC) No 334/2000
Council Regulation (EC) No 1547/1999, as amended by Commission Regulation (EC) No.
354/2000 amending Council Regulation (EC) No 1547/1999, as amended by
Commission Regulation (EC) no 1208/2000 amending Council Regulation (EC) No.
1420/1999 and Council Regulation (EC) No 1547/1999, as amended by Commission Regulation
(EC) No 1552/2000 amending Council Regulation (EC) No 1547/1999,
the texts of Commission Regulation (EC) No 77/2001 amending Council regulation
(EC) No 1420/1999 and Council Regulation (EC) No 1547/1999, as amended by regulation
Commission Regulation (EC) no 1800/2001 amending Council Regulation (EC) No.
1420/1999 and Council Regulation (EC) No 1547/1999, and as amended by Commission Regulation
(EC) no 2243/2001 amending Council Regulation (EC) No 1420/1999 and
Council Regulation (EC) No 1547/1999.
Commission decision 94/774/EC on standard accompanying document within the meaning of
Council Regulation (EEC) No 259/93 on the supervision of shipments of waste within the
The European Community, into and out of it, and of their control.
Commission decision 1999/412/EC concerning a questionnaire for the information obligation
the Member States referred to in article 41 paragraph 2 of Council Regulation (EEC) No.
259/93 ".
79. § 54 including the title reads as follows:
"§ 54
Cross-border shipments of waste in order to remove
(1) waste generated in the Czech Republic are preferably resolves in the Czech
Republic.
(2) the cross-border shipment of waste to the United States for the purpose of
delete is disabled except
and waste arising in the State), which is a Member State of the European Union,
When processing the goods or waste exported from the United States to this
State in accordance with the 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) and in accordance with this
by law, under the Customs outward processing procedure, ^ 40) or
(b)) of the waste arising in the neighbouring countries as a result of natural disasters
or during a State of emergency.
40) Act No. 13/1993 Coll., the Customs Act, as amended. ".
80. section 55 including the title reads as follows:
"§ 55
Notification of cross-border shipments of waste
(1) a notice of cross-border shipments of waste serves the notifier pursuant to
of the European communities law governing the supervision of
shipments of waste within the European Community, into and out of it, and
their control. ^ 39) a participant in the proceedings brought by a notification under
This paragraph is the only notifier.
(2) the procedure provided for by the 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) and this Act for
wastes listed in annex III and IV to 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 apply mutatis mutandis to waste set out
by the implementing regulation referred to in paragraph 6. Notification of cross-border transport
of those wastes to the United States the consignee. Party to the proceedings
initiated notification pursuant to this paragraph is the only recipient.
(3) in addition to the requirements laid down by 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 submit to the
the notifier to the Ministry
and environmentally-friendly) contract on the recovery or disposal of waste; in
the case of cross-border shipments of waste from a State which is not a Member
State of the European Union, the Treaty must contain a commitment by the notifier to take
the waste back if the shipment will not be possible to carry out cross-border or
finish expected,
(b) in the case of cross-border) shipments of waste to the State which is not a Member
State of the European Union, permit to operate equipment or
the use of wastes and
(c) the respective addresses) the necessary administrative offices.
(4) notice and particulars shall be submitted to the Ministry of in c
Czech, Slovak or English, or with a notarized translation into the
one of those languages.
(5) in the case of cross-border shipments of waste from the United States
the Ministry shall forward the notification to the competent administrative authority to receive and
a copy of it to the consignee and to the competent administrative authority or authorities for
transit. The notification will not be promoted if the Court finds a reason for objection
against cross-border shipments of waste from the United States for the purpose of
delete in accordance with article 4 (3) 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)
(6) the Ministry shall issue a decree about the details of the notification, the
the particulars and documents accompanying the cross-border shipment of waste.
The Ministry may lay down by Decree of the wastes listed in annex II
Council Regulation (EEC) No 259/93 on the supervision of shipments of waste within
The European Community, into and out of it, and of their control ^ 39)
the cross-border transport in the United Kingdom and from the United States,
for reasons of environmental protection or the protection of health by
the procedure referred to in paragraph 2. '.
81. § 56 including title and footnote No. 41):
"§ 56
Bans and objections
(1) if the notifier or the consignee was finally convicted for
an offense committed in connection with the management of hazardous
^ 41) waste the Ministry may ban all cross-border transport
waste on these people.
(2) an appeal against a decision of the Ministry of objections against
cross-border shipments of waste does not have suspensory effect.
41) § 181e para. 2 of Act No. 140/1961 Coll., the criminal act, as
amended. ".
82. paragraph 57, including the title reads as follows:
"§ 57
The financial guarantee and insurance
(1) the financial guarantee in accordance with the 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) must be lodged
or equivalent insurance under these regulations must be demonstrated
before the start of the cross-border shipment of waste.
(2) if the Department Has reasonable doubt about whether the granted
the financial guarantee or insurance is in accordance with the legislation of
Of the European communities applicable to the supervision of shipments of waste within
The European Community, in and out of him and their control ^ 39)
sufficient, shall lay down the amount and type of financial guarantees or determine the type of
insurance and the amount of the sum insured for this purpose. ".
83. section 58 including title:
"§ 58
The obligation to return waste
(1) the notifier shall in accordance with article 25 of Council Regulation (EEC) No.
259/93 on the supervision of shipments of waste within the European Community,
into and out of it, and of their control ^ 39) to return the waste to the United
of the Republic, the Ministry imposed the time limit to comply with the decision of this
obligations and provides for a place in the Czech Republic, where the waste is to be returned.
An appeal against this decision does not have suspensory effect.
(2) If an illegal shipment of waste from the United Kingdom within the meaning of
Article 26 (1) of Council Regulation (EEC) No 259/93 on the supervision of the transport of
waste within the European Community, into and out of it, and on their
check ^ 39) the responsibility of the notifier, saves him by decision of the Ministry
the time limit to comply with the duty to return the waste to the United States and provides for
place in the Czech Republic, where the waste is to be returned. Appeal
This decision does not have suspensory effect.
(3) If an illegal shipment of waste to the United States within the meaning of
Article 26 (1) of Council Regulation (EEC) No 259/93 on the supervision of the transport of
waste within the European Community, into and out of it, and on their
check ^ 39) the responsibility of the recipient, it saves him the Ministry decision
the time limit to comply with the obligation to delete or make use of the waste shipped in
accordance with this Act.
(4) to comply with the mandatory of the person referred to in paragraphs 1, 2 and 3 of your
the obligation within the time specified by the Department, shall ensure compliance with these
obligations of the Ministry. To ensure fulfilment of obligations, the
the Ministry used resources financial guarantees or insurance under section
57 of this Act. If the financial guarantee was not composed or
the amount of the insurance or financial guarantee or indemnity
It is not enough, saves the Ministry required the person to pay the cost of decision
before ensuring the fulfilment of the obligation by the Ministry.
(5) for the return of waste in accordance with paragraphs 1 and 2 does not require the consent of
the Ministry under the 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) ".
84. § 59 including the title reads as follows:
"section 59
The initiation of cross-border shipments of waste
At the moment when the Ministry receives a copy of the mailing sheet with the completed
the date of shipment and other relevant information in accordance with the laws
Community legislation governing the supervision of transport
waste within the European Community, in and out of him and their
control ^ 39) before expiry of the period for lodging an appeal, a notifier
waiving all appeals (decomposition) against the approval of the Ministry. ".
85. section 60, including the title reads as follows:
"section 60
Cross-border shipments of waste to countries that are not Member States of the
The European Union, and of those States
The Ministry of finance may lay down by Decree of the Customs offices for
cross-border shipments of waste to countries that are not Member States of the
The European Union, and of those States. ".
86. section 61 to 65, including the headings are deleted.
Footnote # 42) is deleted, including links to a comment
below the line.
87. In section 66 paragraph 1. 2, in the introductory sentence, the word "inspection", the words
"or the competent municipal office municipality with extended powers", and the letter a)
added:
"and in the range and does not lead) in the manner prescribed in this Act, part six
the registration of waste and equipment or fails within a specified range of reporting
the obligation or has not sent within a specified period or in specified range
to the relevant administrative authority information relating to the management of equipment
waste, or register for a fixed period does not archive ".
88. In section 66 paragraph 1. 3, letter e) is added:
"e) does not result in a specified range of records of PCB waste, PCBs and equipment
containing PCBs and subject to a register ".
89. In section 66 paragraph 1. 3, the following point (h)), which read as follows:
"h) shall issue a certificate concerning the exclusion of the hazardous properties of the waste for
waste, under the responsibility of the originator or the beneficiary, as, or
evaluate the hazardous properties, which was entrusted with the evaluation. ".
90. in section 66 paragraph 1. 4 the letter g) is added:
"(g)) the obligations laid down by the legislation breaches 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) and this Act for
transboundary shipments of waste, fulfils the conditions laid down by the Ministry in
decision in the matter of the cross-border shipment of waste, or fails to comply with the obligation to
imposed by decision pursuant to § 58. ".
91. In paragraph 68, at the end of paragraph 3, the following sentence is added: "the fine
inspections of stored village is income of the State Fund for the environment. ".
92. In article 68, paragraph 4 reads:
"(4) a fine imposed on municipal authority municipality with extended powers are from the
50% of the income of the municipality in whose territory in violation of the
obligations, and of 50% of the income of municipalities with extended powers to fine
the Council imposed. The fine imposed on municipal authority municipality with extended competence
the village is 50% of the income of the State Fund for the environment and 50%
tv shtetls. ".
93. In paragraph 69, the words "gets rid of wreck cars" the words "or places
the vehicle dropped from the registry of vehicles ".
94. In § 71 letter i) reads as follows:
"i) municipal offices and the municipal authorities.".
95. In § 72 para. 1 (b). (c)), the words "and of a competent authority for export,
import and transit of wastes "are deleted.
96. In § 72 para. 1 letter d) is added:
"(d)) shall be the competent administrative authority and to the contact body
for cross-border shipment of waste, ".
97. In § 72 para. 1 letter e) is added:
"e) decide on the imposition of the duty to return the waste to the United States, on the
the obligation to ensure environmentally friendly disposal or recovery
waste pursuant to section 58 and of the obligation to pay the cost of return and
environmentally sound disposal or recovery of waste ".
98. In § 72 para. 1 (b). I), after the words "storage of waste"
the words "taken over autovracích and methods of their processing, carriers
of waste "and the words" devices and substances containing PCBS "are replaced by the words
"The PCB, PCB waste and PCB-containing devices and subject to
Register ".
99. In § 72 para. 1 (b). j), the words "devices and substances containing PCBS"
replaced by the words "PCBS, waste PCBs and equipment containing PCBs and
subject to the registration of ".
100. In § 72 para. 1 (b). k), the words "and an implementing regulation"
shall be deleted.
101. In § 72 para. 1 (b). l) after the word "proposal" shall be replaced
"binding the".
102. In § 72 para. 1 the letter m) be deleted.
Letters n) to (p)) shall become letters (m)) up to).
103. In § 76 para. 2 the words "imports, exports and transits of wastes"
replaced by the words "cross-border shipments of waste" and after the word "documents"
the words "in accordance with the 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) and ".
104. section 77 including footnotes # 46) and 47):
"§ 77
The Customs authorities of the
(1) the Customs authorities ^ 46)
and control domestic and cross-border) shipments of waste,
(b)) control the import of batteries or accumulators from States which are not
the Member States of the European Union,
(c)) to be transmitted to the Ministry to exercise the high incentives State supervision,
(d) impose corrective measures) in breach of the obligations relating to the
shipments of waste.
(2) the Customs authorities shall check whether the import of batteries or accumulators
is not violated by the prohibition in § 31 para. 5 and that the imported goods
marked in accordance with § 31 para. 2.
(3) in the national transport of dangerous wastes, the Customs authorities
check whether the waste is equipped with documents under this Act, and
implementing legislation and whether the waste corresponds to the data in the documents
referred to.
(4) when the cross-border shipment of waste on the Customs authorities shall check:
and is equipped with a waste) whether the documents referred to in 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) of this Act, and
implementing legislation,
(b)) that the waste corresponds to the data indicated on the accompanying document referred to in
of the European communities law governing the supervision of
shipments of waste within the European Community, into and out of it, and
their control, ^ 39) this Act and the implementing legislation,
(c)) that transported goods, which is not equipped with the documents required for
the shipment of waste, is not waste
(d)) whether cross-border shipment of waste is not in conflict with the law
Of the European communities applicable to the supervision of shipments of waste within
The European Community, in and out of him and their control ^ 39) and this
by law.
(5) the checks referred to in paragraphs 3 and 4 are customs offices authorised to
stop the vehicle, directing the vehicle in a suitable place,
check the documents accompanying the goods, waste, and the documents proving the
the identity of the persons transporting wastes, physical checking of the waste and
goods, remove, and analyze the samples and make photo documentation.
(6) if the Customs authorities find when checking traffic violations
of the European communities law governing the supervision of
shipments of waste within the European Community, into and out of it, and
their control ^ 39) or of this Act, the proceedings are entitled to
investigation on the site where the waste is also the producer, holder or
the notifier and to the place of destination by the consignee.
(7) if the Office finds that the cross-border transportation is illegal
shipments of waste referred to in article 26 of Council Regulation (EEC) No 259/93 on the supervision
over shipments of waste within the European Community, into and out of it, and
about their control ^ 39) or that cross-border shipments of waste is
carried out in breach of or threat to the transport
the immediate environment, directs the Office of interruption of the journey and the
the vehicle to a place intended for that purpose and at the same time give rise to
the initiation of proceedings for the imposition of a fine. The Customs Office may also use
the technical means to prevent the departure of the vehicle. The customs authority shall act with
the driver of the vehicle until the carrier designates another person entitled to
acting on its behalf.
(8) if the Customs office determined that the shipment immediately
risk to the environment, the Customs Office shall lay down the arrangements and time limits for
rectify the decision.
(9) If, in the case of the infringements established in accordance with paragraph 7 of the
immediately threatened the environment, the Office may decide to
the determination of deposit in the amount of from $ 10,000 to $ 50,000. After payment of the deposit
the Office is entitled to cancel the interruption of the journey and to issue a vehicle. About
payment of the deposit is the Customs Office shall give the driver a confirmation. Pattern
acknowledgement of receipt of the deposit, the Ministry shall determine the implementing
provision.
(10) If the Office proceeded in accordance with paragraph 7, shall be the procedure for
the imposition of fines is terminated within 15 days from the date of initiation of the proceeding. In the case of
When the deposit has been lodged in accordance with paragraph 9, the decision on the imposition of
fine credit bail on this fine.
(11) vehicle, which was parked on the site for that purpose, the carrier
issues
and after the payment of the fine imposed) inspections or the payment of a security deposit referred to in
paragraph 9,
(b)) on the basis of a final judgment on the imposition of corrective action
referred to in paragraph 8,
c) in the case referred to in article procedure. 26 paragraph 2. 2 and 4 of Council Regulation (EEC) No.
259/93 on the supervision of shipments of waste within the European Community,
into and out of it and about their control. ^ 39)
(12) the identified violations of the 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) or of this Act,
When a shipment of waste the Customs authorities shall immediately inform the Ministry and
inspection.
(1) the Customs authorities do not release the goods to the proposed scheme under the Special
^ 47 law) if the
and) goods which are not declared as waste is waste,
(b)) the goods declared as waste is not equipped with the documents referred to in the legal
of the European communities law governing the supervision of transport
waste within the European Community, in and out of him and their
control ^ 39) under this Act and the implementing legislation or
the waste does not match the data referred to in those documents,
(c)) the export of goods, declared as waste, to States which are not
the Member States of the European Union, or the importation of goods from these States
is disabled, or
d) importation of batteries or accumulators from States which are not Member
States of the European Union, is a breach of the prohibition in § 31 para. 5 or not
complied with the marking of batteries or accumulators pursuant to § 31 para. 2.
(14) the Customs offices of the inspection pursuant to the preceding paragraphs may
to request technical support.
(15) in case of doubt, whether transported goods is not waste, it asks
the Customs Office about the decision of the Regional Office of the locally competent place of execution
checks.
(4) if the Office decides to not releasing to the proposed
the regime referred to in paragraph 1 shall be required to export the natural and legal persons
immediately the waste back to the State which is not a Member State of the European
Union. By not releasing the goods under the procedure referred to in paragraph 1, the customs
the authorities shall immediately notify the Ministry.
(17) the Ministry of Finance shall provide to the Ministry of information from their
records and information systems on waste, which have been exported from the United
States to the States which are not Member States of the European Union, or
which of these States were imported into the United States, about batteries
or accumulators, which were imported to the Czech Republic from the States,
that are not Member States of the European Union.
(18) the Ministry of the Ministry of finance gives incentives for carrying out the checks
under special legislation.
46) Law No 185/2004 Coll., the customs administration of the Czech Republic.
47) Act No. 13/1993 Coll. ".
105. In § 78 para. 1 (b). a), the words "and implementing the law"
shall be deleted.
106. In § 78 para. 1 (b). (b)), the word "proposal" shall be replaced by
"approved" and after the first time the words "Ministry", the following
the comma and the remaining part of the sentence is deleted.
107. In § 78 para. 1, point (e)) repealed.
108. In § 78 para. 2 (a). a) after the word "device", the words "and to
the landfill plan ".
109. In § 78 para. 2 (a). (h)), after the words "shall, in cases of doubt"
the words "except as provided for in § 77 para. 5. "
110. In § 78 para. 2 (a). I) at the end of a sentence, a comma is replaced by
a semicolon and the following words "consent can bind to
the terms ".
111. In § 78 para. 2 the letter j) is added:
"j) grants approval for the abandonment of the sorting or the separate collection
waste according to § 16 para. 2 the originators, which disposes of waste in quantities
more than 100 tonnes of hazardous waste per year. Consent may
bind to the conditions. "
112. In § 78 para. 2, letter j) the following new subparagraph to), which read as follows:
"to) grants approval for the abandonment of the sorting or the separate collection
waste pursuant to § 18 para. 2. Consent may be bound to the terms ".
Letters to) and m) are known as the letter l) to (n)).
113. In § 78 para. 2 (a). l), after the words "paragraph. 1 "be deleted and the semicolon
shall be inserted after the words "2 and 3".
114. In § 78 para. 2 for the letter m) the following point (n)), which read as follows:
"n) may restrict or prohibit the operation of installations for the management of waste from
titanium dioxide production, if the elements of the monitoring
environment proves the acute toxicity in excess of the limit values set out
the implementing regulation or other, equally serious deterioration
of the environment ".
Letter n) is referred to as the letter o).
115. In § 78 para. 2, the following points (p)), and r) are added:
"p) results, updated regularly and publish a list of the persons authorized to
to process car wrecks,
r) tells his observations on the draft waste management plan
originator. ".
116. In § 78 para. 2 the following letter s) is added:
"with the landfill operators) checks paying storage fees
landfill. ".
117. In paragraph 78, in the introductory part of paragraph 4, and section 78 para. 5 words
"a legal person or a natural person authorized to conduct business granted"
replaced by the words "falls within its competence under this Act".
118. In § 78 para. 4 (b). (b)), after the word "regulations" shall be replaced
"or operator of the site does not have created a financial reserve pursuant to § 49
up to 51 ".
119. In § 79 paragraph 2. 1, point (b)) the following new point (c)), which read as follows:
"c) grants approval for the abandonment of the sorting or the separate collection
waste according to § 16 para. 2, unless the case under § 78 para. 2 (a).
(j)) can bind to the consent conditions ".
Subparagraph (c)) to (h)) shall be renumbered as subparagraph (d)) to (i)).
120. In § 79 paragraph 2. 1 (b). (d)), after the words "of the waste and the waste
them, "the words" car wrecks and ways to handle them, "and for the
the words "warehouse the waste," with the words "carriers of waste".
121. In paragraph 79, after paragraph 1 the following paragraph 2 is added:
"(2) the local authority of ORP cancels the decision on
consent, which falls within its competence pursuant to paragraph 1.
(b)), in the case of that person, that the consent was given, repeatedly violates the
the obligations laid down in this law or repeatedly fail to comply with the conditions
that consent is bound. ".
Paragraphs 2 to 6 shall become paragraphs 3 to 7.
122. In § 79 paragraph 2. 5 and 6, the number "5" shall be replaced by the number "4".
123. In the heading of section 80 and the introductory part of the text at the end of words "and
Municipal Office ".
124. In § 80 at the end of subparagraph (d)), the period is replaced by a comma and the following
the letter e), which reads as follows:
"e) checks with the operator of the landfill charges for storing
landfill. ".
125. In paragraph 80, the current text shall become paragraph 1 and the following
paragraph 2, which, including footnote No. 49):
"(2) the public administration in the scope of § 78 para. 2 (a). a) to (f)), § 78 para.
3, 4, 5 and 6, § 79 paragraph 2. 1 (b). a) to (e)), g) to (i)) k) to (n)), section 79
paragraph. 2 to 7 and § 80 para. 1 for the purposes of ensuring the defence of the State and
the training of the armed forces on the territory of military poverty ^ 49) performs the district
the Office. The provisions of § 17 and 17a of the municipal authority and the residents of the surrounding district
do not apply.
49) Act No. 222/1999 Coll., on ensuring the defence of the Czech Republic, in the
amended by Act No. 320/2002 Coll. ".
126. In § 81 para. 3 the words "import, export and transit of wastes"
replaced by the words "cross-border shipments of waste" and the words
"arising out of", 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) ".
127. In § 82 para. 2 with the number "5" shall be replaced by the number "4".
128. In paragraph 83, paragraph 2 shall be deleted.
Paragraphs 3 to 13 shall become paragraphs 2 to 12.
129. in annex 2, point (H) 12 the word "air" is deleted.
130. in annex 2, point H 13 after the word "when" the words "or
After ".
Article II
Transitional provisions
1. canceled
2. operators of transport companies already operated by the effective date of
This law shall be obliged to send information about this company, the municipal authority
municipalities with extended powers to the competent according to the registered office or residence
the operator, within 6 months from the date of entry into force of this Act.
3. Landfill operated by the date of entry into force of this Act, which
do not meet the conditions for the operation of landfill sites under this law and the
the implementing regulation, it can be up to 16. July 2009 to operate on
the basis of the landfill plan, approved by the regional
authority, after consultation with the relevant public authorities. The operator
landfills the landfill plan, submit a proposal to the competent regional authority
for approval within six months from the date of entry into force of this Act.
4. evaluation of the credentials of the hazardous properties of waste released into the 1.
January 2002 and shall expire on the expiry of 6 months from the date of acquisition
the effectiveness of this Act.
5. Approvals issued according to § 16 para. 2 prior to the effective date of this Act,
shall be construed as consent under this Act.
Article. (III)
The effectiveness of the
This Act shall take effect on the date of its publication, with the exception of article. I, points
up to 86-77 section nine, which shall take effect on the date of entry of the Treaty on
accession of the Czech Republic to the European Union enters into force.
Fort Worth Star Telegram in r.
Klaus r.
Spidla in r.
31F) section 34 and 35 of the Act No. 56/2001 Coll., on conditions for the operation of vehicles on
the road and amending Act No. 168/1999 Coll.
