297/2009 Coll.
LAW
Dated 22 July 2009
Amending Act no. 185/2001 Coll., On waste and amending some
other laws, as amended, and Act no. 56/2001 Coll., On
conditions for operating vehicles on roads roads and amending Act No.
. 168/1999 Coll., On liability insurance for damage caused by
vehicle and amending some related laws (Act on insurance
vehicle liability), as amended by Act no. 307/1999 Coll.
Parliament has passed this Act of the Czech Republic:
PART ONE
Change Waste Act
Art. I
Act no. 185/2001 Coll., On waste and amending certain other laws,
amended by Act no. 477/2001 Coll., Act no. 76/2002 Coll., Law no. 275
/ 2002 Coll., Act no. 320/2002 Coll., Act no. 356/2003 Coll., Act no. 167/2004 Coll
., Act no. 188/2004 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
., Law no. 314 / 2006 Coll., Act no. 296/2007 Coll., Act no.
25/2008 Coll., Act no. 34/2008 Coll., Act no. 383/2008 Coll. and Act no.
9/2009 Coll., is amended as follows:
First In § 26 after the letter c) the following point d) shall be added:
"D) lightly contaminated devices - devices referred to in subparagraph c)
which contains, or which may be based on available data
reasonable to assume that operating liquids contain 50 to 500 mg / kg of PCBs.".
Existing letters d) to g) shall be designated as letters e) to h).
Second In § 27 para. 1 last sentence, the words "contains 50 to 500 mg / kg of PCBs
" the words "and slightly contaminated equipment according to § 26 point.
D). "
Third In § 27 paragraph 4 reads:
"(4) Operators of equipment containing PCBs and subject to registration, except
lightly contaminated equipment are obliged to label such
facilities, including the premises where the equipment is located,
manner specified in the implementing legislation .
Decontaminated equipment operators are obliged to label these devices
manner stipulated by the implementing legislation.
Lightly contaminated equipment and access to the buildings in which they are located, can be labeled only
entry "PCBs contaminated <500 mg / kg". ".
Fourth In § 27 paragraph 7 reads:
"(7) If the owners or operators of facilities that may contain PCBs
[§ 26 point. e)], 31 December 2009
manner prescribed by the implementing regulation ministry prove that their devices
does not contain PCBs, considered these devices for equipment containing PCBs.
This does not apply to owners or operators
lightly contaminated equipment. ".
Fifth In § 27 at the end of paragraph 8 is replaced by a semicolon and the following
with the text "this obligation does not apply to owners or operators
lightly contaminated equipment. Reasoned assumption of lower
PCB lightly contaminated sites demonstrates
owner or operator, on request of the control authority
based on the results of analyzes of samples taken so far by the ratio of 1: 500, one analysis
with a result of 50 - 500 mg / kg of PCB to pětistům analysis result with lower
than 50 mg / kg of PCB. ".
6th § 30 and 31, including footnote no. 30b added:
"§ 30
(1) The provisions of this part of the law in accordance with the law of the European Community ^
30b) establishes the obligations of manufacturers, distributors, retailers and final
system operators batteries or accumulators and processors
batteries or accumulators, which become waste and
down the requirements for placing batteries and accumulators on the market and the requirements
for the return, separate collection, treatment, recovery and disposal
waste batteries and accumulators.
(2) The provisions of this part of the law apply to all types of batteries and accumulators
, with the exception of batteries and accumulators used
A) equipment connected with the protection of the essential security interests of Member States
in arms, munitions and war material, except
products that are not intended for specifically military purposes, or
B) in equipment designed to be sent into space.
§ 31
For the purposes of this part of the law means
A) battery or accumulator - the source of electrical energy generated
direct conversion of chemical energy, which consist of one or more
Primary cells non-rechargeable or one or more secondary battery cells
rechargeable;
batteries or accumulators are further divided into groups of portable batteries or accumulators
industrial batteries or accumulators and automotive batteries or accumulators
,
B) portable battery or accumulator - battery, button cell,
battery pack or accumulator that are hermetically sealed and can be hand-carried
if not also an industrial battery or accumulator or
automotive battery or accumulator
C) industrial battery or accumulator - any battery or accumulator
designed exclusively for industrial or professional use
or used in any type of electric vehicle,
D) automotive battery or accumulator - battery or accumulator used for
starter, lighting or ignition systems for motor vehicles and
batteries or accumulators used for the same purposes in other
articles, if not also an industrial battery or accumulator
E) battery pack - set of batteries or accumulators that are connected
or encapsulated within an outer casing so as to form a complete unit
whose use does not expect the end-user
split up or open,
F) button cell - a small round portable battery or accumulator
with a diameter greater than its height, which are used in devices for
special purposes such as hearing aids, watches, small portable equipment
and back-up power,
G) waste battery or accumulator - battery or accumulator that
become waste under § 3,
H) treatment - any activity carried out on waste batteries and accumulators
after acceptance to a facility for sorting, preparation for
material recovery or preparation for disposal,
I) the producer - legal entity or natural person authorized to enterprise
that regardless of the method of sale shall first marketed in the Czech Republic
in the course of his business or rechargeable batteries, including batteries or
accumulators incorporated into vehicles, up
electrical appliances or other products or attached to them,
J) the latest retailer - legal entity or natural person authorized to
business that supplied in the course of business end-user
batteries or accumulators, including batteries or accumulators
built into vehicles to electrical or into other products or
attached to them,
K) cordless power tools - handheld device with a battery or accumulator
designed for handicraft, construction or gardening activities
,
L) taking back - collection of used portable batteries or accumulators
automotive batteries and accumulators from end-users
no financial consideration at the site of the producer,
M) instead of return - the place designated manufacturer of portable batteries or accumulators
automotive batteries or accumulators in
which are collected waste portable or automotive batteries or accumulators
,
N) separate collection - removal of waste batteries or accumulators, with the exception
portable batteries or accumulators from end-users for
order processing,
O) the level of return - percentage obtained by dividing the total weight
used portable batteries or accumulators
acquired by their manufacturer take-back in the calendar year
multiplied by the number of years during which within three years
period culminating in a given year featured portable batteries or accumulators on the market, divided by the total
weight of portable batteries or accumulators placed on the market in the Czech Republic
their manufacturer in a calendar year and the preceding two calendar years
, if not re-exported outside the territory of the Czech Republic,
P) end user - legal or natural person using a battery or accumulator
before the end of their life, before handing
appropriate recycling or separate collection.
30b) Directive of the European Parliament and Council Directive 2006/66 / EC of 6 September
2006 on batteries and accumulators and waste batteries and accumulators
repealing Directive 91/157 / EEC. ".
7th Under § 31, the following new § 31a to 31r, which
including headings and footnotes. 30c to 30f added:
"Conditions for placing batteries or accumulators on the market or into circulation
§ 31a
(1) on the market or into circulation shall be prohibited
A) batteries or accumulators containing more than 0.0005% mercury by weight
, regardless of whether or not incorporated into
electrical appliances or other products, with the exception of button cells
with a mercury content not exceeding 2% by weight, and
B) portable batteries or accumulators containing more than 0,002
% cadmium by weight, including batteries and accumulators incorporated into
electrical appliances or other products.
(2) The prohibition set out in paragraph 1. b) does not apply to portable batteries and accumulators
intended for use in
A) emergency and alarm systems, including emergency lighting,
B) medical equipment or
C) cordless power tools.
(3) Producers of electrical or other products that require installation
batteries or accumulators shall design these products
so as not to be able to used or waste batteries and accumulators
easily and safely removed . The electrical equipment or other
products in which they are incorporated batteries or accumulators, the manufacturer shall attach
how can the battery or batteries
safely removed, including information on the type of the incorporated batteries.
Manufacturer, distributor and seller of last are obliged to ensure that this instruction
passed with the product.
(4) The obligations referred to in paragraph 3 shall apply to producers
electrical appliances or other products for which it is for safety reasons,
performance, medical reasons or because of data retention
necessary to ensure continuity of power
stream requires a permanent connection between the electrical device or another product and the battery or accumulator
.
§ 31b
(1) The manufacturer shall, on request, to the inspection authorities
technical documentation demonstrating that they have complied with the conditions set out in § 31a
paragraph. 1st
(2) Distributor batteries or accumulators, including batteries or accumulators incorporated into
electrical appliances or other products
is obliged to request the inspection authorities
technical documentation demonstrating that complying with the conditions set out in § 31a paragraph. 1st
(3) A person who imports batteries or accumulators is obliged
compliance with the conditions set out in § 31a paragraph. 1 prove to the office.
(4) The Ministry shall issue a decree way of proving compliance with the conditions
customs office pursuant to paragraph 3
§ 31c
Labeling of batteries or accumulators
(1) The manufacturer shall ensure that
A) batteries, rechargeable batteries and battery packs were labeled
graphic symbol for separate collection and return,
B) portable batteries or accumulators and automotive batteries or accumulators
were visible, legible and indelible indication of their capacity and
C) batteries, accumulators and button cells containing more than 0,0005
% mercury by weight, more than 0.002% cadmium or more than 0,004
% lead by weight, were marked with the chemical symbol for this
metal.
(2) The Ministry shall issue a decree details the labeling of batteries and accumulators
.
§ 31d
Information obligations on take-back and separate collection
(1) The manufacturer shall, at its own expense to inform in writing the final
users
A) method of securing the return or separate collection; To this end, the manufacturer
means available to the end user
publish a current list of places back and separate collection
containing at least the name and address
B) the potential adverse effects of the substances used in batteries or accumulators
on the environment and human health and
C) of the importance of the graphic symbol for separate collection or take-back and
importance of labeling in accordance with § 31c paragraph. 1 point. C).
(2) A person, for which the manufacturer has set up a place of return or separate
collection is required at the expense of the manufacturer to ensure that the site back
collection or separate collection was for the end user visibly and legibly marked
sign announcing this fact.
(3) Last retailer where the manufacturer has not set a place and return
who sells batteries or accumulators placed on the market by the manufacturer is obliged
visibly placed information about the possibility of handing batteries and accumulators
in their sales or locations on where you can
batteries or accumulators, to return to the municipality, city or
part of the city district by area. If
on their territory back point not on the place back
collection in the nearest village, district or municipal district since its
point of sale.
§ 31e
List of producers of batteries and accumulators
(1) List of batteries and accumulators (hereinafter "the list of producers') is
public list kept by the Ministry. The proposal for entry in the List
manufacturers are required to submit each manufacturer.
(2) The application for registration in the List of manufacturers submitted to the Ministry within 60 days
date of first entry batteries or accumulators, including batteries or accumulators incorporated into
vehicles, electric devices or other products or
attached to them, the market
A) two copies and in electronic form, or
B) in electronic form identified with an electronic mark based on
qualified certificate issued by an accredited
provider of certification services or signed with a recognized electronic signature
under a special legal regulation 30c).
(3) The application for registration in the List of manufacturers includes
A) in the case of a natural person, the name or names and surname or
business name, place of residence, place of business,
identification number, if assigned, and a copy of the business || | authorization; if a natural person registered in the Commercial Register, also
copy of the certificate of incorporation not older than 3 months
B) in the case of a legal person, company or name, legal form,
seat, identification number, if assigned, and an extract from the Commercial
register not older than three months, if entered therein,
C) of batteries or accumulators, which the manufacturer places on the market
D) brand batteries or accumulators are classified into different groups
batteries or accumulators
E) the method of fulfilling the obligations of the manufacturer under § 31k paragraph. 1 point. a) or b
) and
F) a description of the manner of return, separate collection,
processing, material recovery of waste batteries or accumulators and
inform the final user.
(4) The Ministry shall register the producer to the list of producers within 30 days of receipt of
proposal that meets all the requirements set out in paragraph 3
, and no later than 30 days after enrollment disclose that fact
on the official board of the Ministry.
(5) If the proposal does not meet the registration requirements referred to in paragraph 3, invite
Ministry producer within the time limit, which also determines
which may not be less than 15 working days, the draft specify or supplement,
and while it learns as it has done.
(6) A manufacturer who is required to apply for registration in the List of manufacturers
is obliged to notify the Ministry of any changes to the information submitted under paragraph 3
within 30 days of their completion. In the same period of time they are required to notify the Ministry
cessation of the reasons for his leadership in
list of manufacturers.
(7) The Ministry on the basis of a notification pursuant to paragraph 6 or based on its own findings
modifies the inscription on the List of manufacturers or
removal from the list of manufacturers.
(8) The Ministry provide an updated list of manufacturers on the portal
government in this range
A) the name or names and surname or business name, if it is a
a natural person; business name or, in the case of a legal person,
B) identification number, if assigned,
C) brand batteries or accumulators, which the manufacturer places on the market
D) a group of batteries or accumulators, which the manufacturer places on the market
E) the method of fulfilling the obligations of the manufacturer under § 31k, including putting
legal entity authorized to operate a collective system pursuant to §
31 liters, which means complied with their obligations
F) information regarding the obligation to send annual reports and
G) reach the level of return if it is a manufacturer of portable batteries or accumulators
.
(9) Distributor batteries or accumulators, including batteries or
Accumulators incorporated into vehicles, electric devices or other products or
attached to them, not originating from producers registered in the List
manufacturers or from manufacturers who fulfill their obligations
through a collective system pursuant to § 31k paragraph . 1 point. c) has
rights and obligations of the manufacturer set out in this part of the law.
(10) If the manufacturer has complied with all its obligations through
collective system pursuant to § 31k paragraph. 1 point. c) does not apply to him
obligation referred to in paragraph 1. Product Information
performing their duties through the system operator pursuant to § 31k paragraph. 1
point. c) that the ministry receives from a person authorized to operate a collective system
according to § 31 l, made available under clause 8.
(11) The Ministry shall issue a decree pattern design registration in the List
manufacturers.
§ 31f
Annual Report
(1) The manufacturer shall
A) prepare an annual report on how the performance of duties under this Part
Act (hereinafter the "annual report on batteries and accumulators")
for the previous calendar year to the extent determined by the implementing legal
regulation and this report 31 March sent to the Ministry in written form and
electronic transmission of standard data on waste
B) an annual report on batteries and accumulators kept for at least 5
years
C) at the request of control bodies to prove the truthfulness and completeness of the data
mentioned in the annual report on batteries and accumulators.
(2) The Ministry shall issue a decree content requirements and scope
annual report on batteries and accumulators.
§ 31 g
Requirements for the return of used portable batteries or accumulators
(1) Producers of portable batteries or accumulators must ensure
A) at his own expense take back portable batteries or accumulators
from the end user, regardless of their make, regardless
on the date of their placing on the market and no ties to buy a new battery or || | battery
B) a minimum level of take-back portable batteries or accumulators
,
C) before placing portable batteries or accumulators on the market
provide assurances to demonstrate that waste portable batteries or accumulators
will be financed. This guarantee must be sufficient to cover
financing of collection, treatment, recovery and disposal
portable batteries or accumulators that were surrendered within
back system set up and operated pursuant to § 31k.
The manufacturer shall provide a guarantee in the form of escrow bank account or insurance
under the conditions laid down by decree. Data on the status and utilization of
escrow account or the amount of indemnity for the past year
manufacturer states in its annual report. The funds deposited in a blocked bank account
may be used only with the consent of the Ministry to ensure
financing of collection, treatment, recovery and disposal
portable batteries or accumulators. These funds can not be
subject to regulation and the enforcement
not included in the assets of the manufacturer. Producers who provide fulfillment of obligations
according to § 31k paragraph. 1 point. c) this is no guarantee.
(2) In order to meet the obligations under paragraph 1, the manufacturer must
A) establish an appropriate recycling in every village, city districts or
quarters with a workforce of more than 1,500 people and in which
portable batteries or accumulators put on the market, sold;
number of inhabitants is assessed based on the population balance of the Czech Republic
processed by the Czech Statistical Office on January 1 of the calendar year
B) conclude an agreement on use of the system of collection and sorting of municipal waste
provided municipalities with each municipality that its conclusion is interested and
in which portable batteries or accumulators, which it markets
sold under conditions similar to those of other municipalities,
C) establish at their own expense under conditions similar to those of other vendors
last place of return at each point of sale
last seller of portable batteries or accumulators, whose
economic activity is listed in Annex no. 10 to this Act, and where
portable batteries or accumulators placed on the market by the manufacturer offered
as a permanent part of the sales range, if it is to do this
Last retailer invited and
D) to establish at their own expense under conditions similar to those of other vendors
last place of return at each point of sale
last seller of portable batteries or accumulators, where
portable batteries or accumulators placed on the market by the manufacturer
sold and where it was for the previous calendar year and put into circulation, at least 2,000 pieces
or 50 kg of portable batteries or accumulators, if it is to do this last
dealer asked.
(3) Last seller of portable batteries or accumulators is obliged to remove
portable batteries or accumulators from the end user
directly at the point of sale throughout the operating period, no claim for payment for this
collection, regardless to the brand, regardless of the date of their placing on the market and
no ties to buy a new battery or accumulator
A) if it is a selling point of the last seller, whose
economic activity is listed in Annex no. 10 hereto and
portable batteries or accumulators are offered as a permanent part
sales range, | ||
B) if they allow the end user submission
used portable batteries or accumulators, and not with him established place of return, or
C) if the information does not fulfill the obligation under § 31d paragraph. 3rd
(4) For another person, for which the manufacturer has set up a collection point,
the terms of withdrawal of portable batteries or accumulators according
paragraph 3, the first sentence accordingly. Last seller pursuant to paragraph 3.
A) until there there will be a place of return and the last
seller pursuant to paragraph 3. b) and c) are obliged to pass
collected portable batteries or accumulators only place to return.
(5) before you use a portable battery or accumulator is obliged
end user only last resellers on the back point,
appropriate place to contractually designated pursuant to paragraph 2. b).
Portable batteries or accumulators must be back points
passed only person authorized to handle or for material
recovery of waste batteries or accumulators according to § 31j.
(6) Costs for take-back of portable batteries or accumulators, their
processing and material usage and information may not be final
users when selling new portable batteries or accumulators
shown separately.
(7) portable batteries or accumulators become waste their transmission
person authorized to processing or waste material utilization
batteries.
§ 31h
Requirements for the collection of spent automotive batteries or accumulators
(1) The manufacturer of automotive batteries and accumulators must ensure
at his own expense take back automotive batteries or accumulators
from the end user, regardless of their make, regardless of their date
launch on the market and no ties to buy a new battery or accumulator
.
(2) In order to meet the obligations under paragraph 1, the manufacturer must establish
appropriate recycling in every village, city districts or parts
where automotive batteries and accumulators, which it markets || | sold. To meet this requirement, the manufacturer pursuant to a written agreement with the municipality
use the system for the collection and sorting of municipal waste
determined by the municipality.
(3) Prior to the used automotive batteries or accumulators can
final user only has to place take-back or person entitled to
takeover under this Act. Automotive batteries or accumulators of
back points can only be transmitted person authorized to
processing or material utilization of waste batteries and accumulators
according to § 31j.
(4) Instead of the return of used automotive batteries or accumulators
meet the technical requirements laid down
ministry decree.
(5) taken back a car battery or accumulator become
waste being transmitted person authorized to process or
material utilization of waste batteries and accumulators.
§ 31i
Requirements for separate collection of waste industrial batteries or accumulators
(1) Manufacturer of industrial batteries or accumulators is obliged to provide at their own expense
separate collection of industrial batteries or accumulators
Same type and determine what he marketed, regardless of their
chemical composition, regardless of the date of their placing on the market and no ties
to buy a new battery or accumulator. This obligation will ensure
manufacturer of industrial batteries or accumulators at their own expense or
concluding agreements with end users about the different ways of financing.
(2) Get rid of the industrial batteries or accumulators, which are not subject
recollection is obligated end user just sending them
person entitled to receive them under this Act.
Industrial batteries or accumulators from places separate collection may only be transmitted
person authorized to process or material utilization of waste batteries and accumulators
according to § 31j.
§ 31j
Processing and recycling of waste batteries and accumulators
(1) The manufacturer shall, at its own expense to ensure
treatment and material recovery of waste batteries or accumulators using
BAT-31s) in facilities that comply with the conditions
referred to in paragraphs 2 and 3 .
(2) The processor of waste batteries and accumulators is obliged
A) remove the waste batteries or accumulators
all fluids and acids
B) any processing and storage in the processing facilities
store batteries or accumulators at sites with impermeable surfaces
and suitable weatherproof covering or in suitable containers and
C) conclusively demonstrate an exemption for burning
portable batteries or accumulators.
(3) The manufacturer shall ensure that the equipment referred to in paragraph 1
achieve a minimum efficiency of material utilization processes
A) 65% of the average weight of lead-acid batteries or accumulators, including
material utilization of lead content to the highest degree that is technically feasible
without excessive costs,
B) 75% of the average weight of nickel-cadmium batteries or accumulators, including material recovery
cadmium content to the highest degree that is technically feasible
without excessive costs, and
C) 50% of the average weight of other waste batteries and accumulators
.
(4) batteries or rechargeable batteries may not be landfilled all
groups. Industrial batteries or accumulators, or automotive batteries and accumulators
portable batteries or accumulators, where it is possible
before treating them visually determine their electrochemical type or
their brand, they may not be disposed of by incineration.
This prohibition does not apply to portable batteries or accumulators withdrawn from the market on the basis
special legislation 30d) and portable batteries containing lithium metal
. Waste from batteries or accumulators, which originated
processing and material usage in accordance with this Act may be
disposed of in landfills or by incineration respective groups.
(5) If the waste batteries and accumulators transported across the border to
processing and material use in accordance with regulations of the European Communities
^ 39) and in accordance with section nine of this Act, shall be included in
fulfillment of obligations and efficacy according to paragraph 3,
only if there is sound evidence that the process of material recovery took place under conditions equivalent
requirements laid down by this Act.
Retrospectively collected batteries and accumulators are for the purpose of cross-border shipments and exports
processing and material utilization regarded as waste.
(6) The Ministry shall issue a decree rules for the calculation of the efficiency of material utilization
processes.
§ 31k
Ways of carrying out the obligations of producers of batteries and accumulators
(1) A producer may fulfill its obligations set for the return,
separate collection, treatment and recycling of waste batteries and accumulators
, information processing and annual reports on batteries and accumulators
A) in an individual system, individually, organizationally and technically to
own expense
B) the solidarity system, together with other producer or producers
on the basis of a written agreement; Parties responsible for the implementation
obligation to return, separate collection, processing and material usage
waste batteries or accumulators, jointly and severally, or
C) exemption system, by concluding a contract on providing the performance
Obligation to take back portable batteries or accumulators
treatment and reuse of waste portable batteries or accumulators
under this part of the Act (hereinafter the "agreement on joint
Performance") with a legal entity authorized to operate a collective
system according to § 31 l (hereinafter referred to as "system operator").
(2) Producers of electrical equipment, which includes built-in or attached
batteries or accumulators, and which ensures the fulfillment of obligations under
part of the eighth this Title Act in accordance with § 37h.
1 point. c) any legal person must ensure compliance with all obligations
under this part of the Act, in accordance with paragraph 1, the manufacturer
batteries. In the case of built-in or attached
portable batteries or accumulators manufacturer is obliged to contract
pursuant to paragraph 1. C).
§ 31 l
System Operator
(1) The system may only be a limited company or
limited liability company, which was issued by the Ministry
authorization to operate a collective system pursuant to § 31 meters.
(2) If the operator of a joint stock company may issue
only ordinary shares, as a book-entry registered shares.
Stocks and shares can be subscribed for only by monetary contributions.
(3) The Companions of the system operator can only be
producers of batteries and accumulators.
(4) Profit system operator shall be divided between the partners.
System operator must reduce its share capital for purposes other than
to cover losses or to fulfill the obligations stipulated by law and
not increase its registered capital by a contingent manner.
(5) The system must not be member of any other legal
persons, nor may participate in their business.
(6) In addition to activities related to ensuring compliance with the obligations of producers
batteries or accumulators specified in this section of the Act shall
system operator to perform activities other than consultancy in the field of prevention
waste batteries and accumulators and labeling
batteries or accumulators or research, lectures, educational or
promotional activity in the back of batteries or accumulators
or separate collection of waste batteries and accumulators and waste
waste batteries and accumulators.
(7) The system operator must not conclude with a legal or natural person
that it has a special relationship under paragraph 8
contract, which due to their nature, purpose or risk, would not be closed
by exercising due diligence with any other natural or legal person
, must secure the obligations of the legal entity or natural person
or her transfer assets without consideration.
(8) legal entities or natural persons who have
operator of a special relationship, are considered
A) the statutory body and members of the statutory body of the operator
system, supervisory board members and employees of the system
leading positions, one of which may be an employee under labor law revoked
statutory authority-30e) | ||
B) members of statutory bodies of legal entities which are partners
system operator
C) persons close-30f) to persons referred to in subparagraph a) or b)
D) legal entities in which any of the persons referred to in subparagraph a) or b
) has a direct or indirect stake in the share capital exceeding 33%
E) associates operators that are legal persons and other entities controlled by them
legal entities.
(9) with a companion system operator with a legal entity controlled by him
or a person controlling any of the partners
system operator, the system operator must not conclude a contract other than a contract
pursuant to paragraph 6 or contract according to § 31n paragraph. 1st
(10) System Operator concludes with the juridical persons for
manufacturer of electrical ensuring compliance with obligations under Part eighth
this Title Act in accordance with § 37h. 1 point. c) contracts whose
object cooperation in ensuring the fulfillment of the obligations of manufacturers
electrical equipment with embedded or enclosed batteries or accumulators
set for the return of used batteries or accumulators
and the treatment and material recovery including
Inform end users and processing annual reports on
system operator. The system operator establishes the conditions for closure
contracts for all people united and conclude this agreement with each
legal entity to ensure compliance with obligations under this part of the eighth
Title Act in accordance with § 37h. 1 point. c) that the conclusion of the contract
interested and not to the operator due
unfulfilled commitments.
(11) share of an individual shareholder or shareholders acting in concert
of the capital or voting rights of a system operator
not exceed 33%. If that happens, this companion
obligated or these partners must immediately notify the Ministry
and reduce its share to a maximum 33% within 6
months of its crossing.
(12) Companion system operator may not conduct business in the field of waste management
, with the exception of waste with other wastes than waste
batteries or accumulators, and act in the interest of other persons whose principal business is
waste management or whose activity is directly
related to waste management. This applies mutatis mutandis to the members of the statutory body
system operator, board members and employees of the system
managerial positions, all of which can be
employee under employment legislation removed the statutory authority
^ 30e).
§ 31 meters
Issue of permission to operate a collective system
(1) The Ministry shall issue authorization to operate a collective system
application from a person ( 'the applicant'), which demonstrates compliance
conditions set for the system operator by this Act.
(2) Applications for authorization to operate a collective system
filed with the Ministry in two copies and in electronic form
. The request includes the business name, legal form,
registered address, identification number of the applicant, if allocated, and a list of all partners
applicants indicating their share in the
capital and the voting rights of all shareholders or applicant ,
including the amount of the share capital. The application connects
A) social contract, or memorandum, if the applicant
limited liability company, or statutes, if the applicant is a joint stock
company,
B) the certificate of incorporation and listing applicant
issue of dematerialized shares of the applicant not older than 7 days, if the applicant is a joint stock company,
C) the latest annual report of the applicant, if any,
D) an affidavit of the applicant to meet the conditions pursuant to § 31 l paragraph. 5
6, 7 and 9 and associates of fulfillment of conditions pursuant to § 31 l paragraph. 3, 11 and 12
E) contract template
First on joint performance,
Second takeover obligation manufacturer of electrical equipment with built
batteries and accumulators or appended to them being concluded according to § 31 l
paragraph. 10
Third establishing appropriate recycling of batteries and accumulators and
Fourth the use of a system of collection and sorting of municipal waste set
municipalities in the event that the securing joint fulfillment of obligations
manufacturers will use co-operation with municipalities,
F) a description of the method of providing joint transactions involving particular
First description of the technical, organizational and financial measures to ensure
joint performance of the duties of producers during the collection of waste batteries and accumulators
, processing and recycling of waste batteries and accumulators
,
Second concluded contracts with processors and devices for material
recovery of waste batteries or accumulators
Third description of the method of providing information to the end user and the last
retailer
Fourth description of the method of keeping records under § 31o,
Fifth A detailed description of the anticipated financial security
joint performance of the duties of producers of batteries and accumulators in individual years
validity of the authorization
6th A detailed description of the method and frequency of controls functionality collective
system
7th the anticipated number of agreements on joint performance and
expected quantities of batteries or accumulators for which will be provided
associated performance in the first three years of
authorization to operate a collective system, and
8th the estimated quantity of waste batteries or accumulators, for which
Will ensure processing and material utilization in the first three years
validity of the authorization to operate a collective system.
(3) A list of issued authorization to operate a collective system
indication of their validity and the decision on their abolition, and
content of these rights and decisions with the exception of data that are
trade secret or covered by the law on personal data protection
, published on the ministry website
public administration.
(4) the parties about the issue of authorization to operate a collective
system or its extension is the only applicant.
(5) The Ministry shall issue a decree specimen application for an authorization to operate a collective system
.
Obligations of system operator
§ 31n
(1) The system ensures joint fulfillment of the obligations of manufacturers
under agreements on joint performance of manufacturers of batteries or accumulators
. Terms of these agreements, the operator must establish a system
for all manufacturers and uniformly so that any type of battery or accumulator
was unjustified advantage or disadvantage in the economic
competition.
(2) The system operator is obliged to conclude an agreement on joint performance
with every person who by contract and does not show interest towards
system operator's outstanding liabilities due, and for all batteries and accumulators
placed on the market or into circulation, whose
providing joint performance of the duties of manufacturers is entitled.
(3) The system operator responsible for running and financing of the
collection, treatment, recovery and disposal of portable batteries or accumulators
and information campaigns based on contributions from manufacturers who have
at the time the relevant costs to the operator
signed an agreement on collective performance. Contributions are set by the operator
system, especially by the proportion of their respective manufacturers in the market.
(4) The operator of the system in the event that the battery or accumulator
demonstrably not happen in the Czech Republic Waste returns received
contribution for dealing with this battery or accumulator
person who proves that battery or battery pack after its launch in
Czech Republic exported or delivered to another Member State.
(5) The system operator may not disclose information about the amount
batteries or accumulators placed on the market by individual manufacturers of batteries or accumulators
, with which it has concluded an agreement pursuant to paragraph 1
third parties, with the exception of their respective communication administrative office.
(6) The system operator is obliged to ensure that the auditor
A) verify the correctness and completeness of financial statements and annual reports
system operator
B) verify the correctness and completeness of records of persons with whom
concluded an agreement under paragraph 1, and recording the quantities of batteries and accumulators in
extent provided for an annual report pursuant to § 31f paragraph. 1 point. a)
C) a report on verification under a) and b).
(7) The system operator is obliged to ensure verification and elaboration
report pursuant to paragraph 6 of each year, under which authorization to operate a collective system
; the verification report, the operator
system operator shall provide written ministry always
later than six months after the end of the tested period. Verification of the facts by paragraph 6
not for the system operator to perform the auditor that the
it has a special relationship according to § 31 l paragraph. 8. This also applies to natural persons performing
behalf of the auditor's audit activities.
(8) The Ministry shall issue a decree financing conditions
waste portable batteries and accumulators.
§ 31o
(1) The system operator is obliged to keep records
A) producers with whom it has concluded an agreement on joint performance by the
§ 31k paragraph. 1 point. c) manufacturers, including those for which ensures compliance
on the basis of agreements pursuant to § 31 l paragraph. 10 persons
ensuring compliance with the obligations under § 37h. 1 point. c) the extent pursuant to § 31e paragraph. 3
point. a) to d) and the implementing law and
B) the quantity of batteries or accumulators and the amount of waste batteries and accumulators
, they are referring to the concluded agreement on joint
performance, the flow of collected batteries or accumulators from the site
return or separate collection after processing and their
Use the extent provided for processing an annual report on batteries and accumulators
.
(2) The system operator is obliged
A) provide the Ministry at its request information pursuant to paragraph 1
point. a) and b)
B) report to the Ministry information from the register of producers with whom it has
contract on joint performance, including manufacturers involved
through a legal entity to ensure compliance with the obligations of manufacturers of electrical equipment
under § 37h. 1 point. c) under an agreement pursuant §
paragraph 31 l. 10, in the range according to § 31e paragraph. 8 point. a) to d)
including their amendments within 30 days of the date of this contract or the date on which
to learn of this fact, and in electronic form in the transmission
standard data on waste || |
C) prepare an annual report on batteries and accumulators for the past
calendar year to the extent determined by the implementing legislation and this report
31 March send the ministry in two paper
copies and in electronic form in the transmission standard data
waste.
(3) The system operator is obliged to inform the end user
particular through information campaigns on
A) the possible negative effects of the substances used in batteries and accumulators
on the environment and human health,
B) the manner of taking back or separate collection and processing
and material use batteries or accumulators, including disclosure
current list back points and
C) the importance of the graphic symbol for separate collection or take-back and
importance of labeling in accordance with § 31c paragraph. 1 point. C).
(4) The Ministry shall issue a decree range of registers.
§ 31p
Supervision of the system operator
(1) The activities of the operator of the system supervised by the Ministry.
(2) If the Ministry in the operation of the system deficiencies may
according to the severity and nature of the shortcoming
A) order that the system operator within the time remedying the
B) file a motion to inspect the initiation of proceedings to impose a fine
system operator.
§ 31r
Decision to cancel the authorization to operate a collective system
(1) The Ministry may decide to revoke the authorization to operate a collective system
if
A) was issued on the basis of false information in the application or in
documents attached to the application or subsequently ceased operator
system to meet the conditions for his release,
B) the system operator has failed to remedy imposed by § 31p paragraph. 2
point. a) within the prescribed period, or
C) the system operator has violated any of the obligations stipulated by this law
.
(2) If the system operator decides that it will no longer be
exercise is required to immediately notify the ministry.
Ministry pursuant to this notice will issue a decision to cancel
authorization to operate a collective system earlier than 30 days after his
system operator has demonstrated that it intended to end the activities
informed six months beforehand manufacturer of batteries or accumulators with whom
entered into an agreement pursuant to § 31k paragraph. 1 point. c) municipalities, with whom
system operator has concluded an agreement pursuant to § 31 g Sec. 2 point. b)
and other persons for the system operator provide takeback and
processing and recycling of waste batteries.
(3) participate in proceedings to cancel authorization to operate a collective
system is the only system operator.
30c) § 11 of Act no. 227/2000 Coll., On electronic signature, as amended
.
30d) For example Act no. 191/1999 Coll., On measures concerning
import, export and re-export of goods infringing certain intellectual property rights
and amending certain other acts, as amended
.
30e) § 73 par. 3 of Law no. 262/2006 Coll., The Labour Code, as amended
.
30f) § 116 of the Civil Code. ".
8th § 37e including footnotes. 31f, 31 g, 31h and 31i reads:
"§ 37e
Fees to support the collection, treatment, recovery and disposal of car wrecks
(1) The registrant of M1 and N1
road vehicle register pursuant to another legal regulation 31f)
is obliged to pay a fee to support the collection, treatment, recovery and
Disposal of car wreckage. The fee is payable on first registration
of M1 and N1 in the Czech Republic. If you are already
vehicle in the Czech Republic registered, payment is due on the first
re-registration of vehicles.
(2) The fee is waived for applicants with severe physical disabilities
who are holders of ZTP or ZTP-P, followed by applicants, where the
re-registration under paragraph 1 occurs due to the acquisition and settlement
inheritance or as a result of the termination of marital property.
(3) The fee referred to in paragraph 1 is determined by the performance limits
exhaust emissions in accordance with the laws of the European Community
^ 31 g) in the amount
A) 3,000 CZK if the emission limit values EURO 2
B) 5,000 CZK if the emission limit values EURO 1
C) CZK 10 000 in the event of failure of emission limit values referred to in subparagraph a) or b
).
Fee does not apply to vehicles that comply with the minimum emission limit values
EURO 3, and in the case of historic vehicles under another
legal regulation 31h) and vehicles registered in the register of road
vehicles that it is a valid proof of recognition testing
road vehicle for historical authenticity pursuant to another legal regulation 31i).
(4) Degree of filling the relevant emission levels for the purposes of determining
fee pursuant to paragraph 3 shows an entry in the registration certificate
vehicle. Unless the certificate of registration of vehicle registration has been
pays the fee determined pursuant to paragraph 3. C).
(5) The fee referred to in paragraph 3 the registrant of
M1 and N1 in the registry of motor vehicles on the road
local municipal authority of a municipality with extended powers.
Municipal authority with extended powers conducting the registration issue the applicant after paying
document certifying that the fee has been paid. The document must be stated
vehicle identification number (VIN) or chassis number, possibly
chassis.
(6) Charges are revenue of the State Environmental Fund. Selected
charges transferred by the municipal authority with extended powers
the last day of the following calendar month from the date of their withdrawal
State Environmental Fund of the Czech Republic.
31f) § 4 para. 2 of Act no. 56/2001 Coll., On conditions for operating vehicles on
roads and amending Act no. 168/1999 Coll., On insurance
liability for damage caused by operation vehicle and amending some
related laws (Act on liability insurance for operating a vehicle
), as amended.
31 g) For example, the European Parliament and Council Directive 94/12 / EC of
23rd March 1994 on measures against air pollution from
motor vehicles and amending Directive 70/220 / EEC;
Directive of the European Parliament and Council Directive 98/69 / EC of 13 October 1998 on measures against
air pollution from motor vehicles and amending Directive
70/220 / EEC; Regulation of the European Parliament and Council Regulation (EC) no. 715/2007 of
20 June 2007 on type approval of motor vehicles with regard
emissions from light passenger and commercial vehicles (Euro 5 and Euro 6
) and in terms of access to information on vehicle repair and maintenance.
31h) § 2 para. 4 of Law no. 56/2001.
31i) § 79c paragraph. 3 of Law no. 56/2001 Coll., As amended by Act no. 297/2009 Coll
. ".
9th In § 38 par. 1, letters b) and c) are deleted.
Existing letters d) to f) shall become letters b) to d).
10th In § 39 paragraph 2 reads:
"(2) Waste Producers are required in the event that produce or handle
with more than 100 kg of hazardous waste per calendar year, or more than
100 tonnes of other waste per calendar year, or in a given calendar
year they produce or handle waste established in an implementing regulation
regardless of the amount of waste sent every year to
15th February of the following year, truthful and complete reporting of the species
quantities of waste and waste management methods municipal authority with extended powers
competent according to the place of business.
Eligible persons are required in the event that handled in a calendar year with
waste sent every year to February 15 next year
true and complete report on the species, quantity of waste and waste management methods and
On the waste municipal authority with extended powers
jurisdiction over the place of establishment. ".
11th In § 39 paragraph 8 reads:
"(8) Persons who operate equipment containing PCBs and subject
records pursuant to § 26 point. c) or operate equipment that may contain PCBs and
subject to registration pursuant to § 26 point. e), or own or hold
PCB defined in § 26 point. a) or private waste
persistent organic pollutants under § 27a paragraph. 1
are obliged to keep separate records of this equipment, PCBs and waste
persistent organic pollutants to the extent determined by the implementing legislation
and to notify the Ministry
within 1 year from the effective date of this Act, if they have not already done
. Changes in the recorded facts are these entrepreneurs
obliged to notify the Ministry immediately after the change occurs.
Way of reporting changes in the recorded facts
implementing legal regulation. This does not apply to laboratory standards
used in research, development, testing and healthcare. Persons
who operate or own equipment slightly contaminated by PCBs §
26 point. d) lead on these devices simplified records
in accordance with the implementing regulation without putting
amount or concentration of PCBs contained in the equipment and data and methods
performed or anticipated inspections or replacements. ".
12th In § 57 at the end of paragraph 2 the following sentence, "The method and conditions
determine the amount of financial guarantees, documents and evidence necessary for its
calculation are set out in Annex no. 11 hereto.
Calculating the amount of waste in accordance with paragraph 7.2 of Annex no. 11 hereto
not be performed if the three years preceding the submission of the new notification
violation of the conditions laid down in the decision by the Ministry
this point and new and prior notification is given the same
notifier and recipient. ".
13th In § 66 para. 4, at the end of subparagraph g) the word "or" is deleted.
14th In § 66 at the end of paragraph 4 is replaced by a comma and
letters i) and j) are added:
'I) ensure joint performance of the obligations of manufacturers to which it is needed
authorization to operate a collective system pursuant to § 31 l, without this
permission or without authorization to operate a collective system offers
third party contracts , which include the activities for which authorization
performance is required, or
J) as the operator of the system according to § 31 l breaches any obligation
by the system operator of the law requires. ".
15th In § 71 after subparagraph d) a new point e), added:
"E) the Czech Trade Inspection."
Existing letters e) to k) are renumbered f) to l).
16th In § 72 at the end of paragraph 1 is replaced by a comma and
letters) to w), added:
'S) keep a list of manufacturers according to § 31e and makes the list of manufacturers
on public administration portal
T) gives authorization to operate a collective system and decides
extension of authorization to operate a collective system
according to § 31 meters, decides to cancel the authorization to operate a collective system
according to § 31r,
U) leads the list of authorizations issued to operate a collective system
indication of their validity and the decision to suspend the
publish it on the public administration portal
V) oversees the operation of the system operator imposes remedial measures
inspection and makes suggestions to initiate proceedings to impose a fine
system operator pursuant to § 31p,
W) decide whether a certain type of battery or battery belongs to a group
portable batteries or accumulators, industrial batteries or accumulators or
automotive batteries. ".
17th In § 76 at the end of paragraph 1 is replaced by a comma and
letter i), which reads:
"I) can be disabled to remedy the placing on the market or into circulation
batteries or accumulators that do not meet the requirements set out in Part
Four, Title II, Part 3 or suspend the marketing of such batteries or accumulators
market or into circulation; if there is damage to human health or the environment
or has already occurred, it can order the same
manufacturers of batteries or accumulators that do not meet the requirements set out in
Part Four, Title II, Part 3, to ensure the withdrawal of such
batteries or accumulators on the market. ".
18th Under § 76 the following § 76a, including the heading reads:
"§ 76a
Czech Trade Inspection
Czech Trade Inspectorate supervises the fulfillment of obligations concerning
placing batteries and accumulators on the market or into circulation, labeling and providing return
manufacturer and the last seller;
these persons are obliged to demonstrate, on request way to ensure the return. ".
19th In § 77 par. 2, the words "§ 31 para. 5" is replaced by "§ 31a paragraph.
1" and the words "§ 31 para. 2" is replaced by "§ 31c".
20th Annexes no. 10 and 11 are added:
"Annex no. 10 to the Act no. 185/2001 Coll.
Economic activities sellers last paragraph according to § 31 g. 2 point. c)
---------------------------------------------- | || 47.11 Fast foods,
beverages and tobacco
Real Estate,
if the size of the sales area
exceeds 200 m2
47.19 Wholesale
Real Estate,
if the size of the sales area
exceeds 200 m2
47.29 Other retail sale of food in
specialized stores, if
the size of the sales area exceeds
200 m2
47.41 Retail sale of computers,
peripheral equipment and software
47.42 Retail sale of telecommunications
equipment
47.43 Retail sale of audio and video
47.52 Retail sale of hardware,
paints and glass
DIY
47.54 Retail sale of electrical and
electronics
47.59 Retail sale of furniture, lighting and
other products mainly
household equipment in specialized
stores, if the size of the sales
area exceeds 200 m2
47.64 Retail sale of sporting equipment
if the size of the sales area
exceeds 200 m2
47.65 Retail sale of games and toys, if
the size of the sales area exceeds
200 m2
47.77 Retail sale of watches and
jewelry
47.78 Other retail sale
Retailing,
if the size of the sales area
exceeds 200 m2
47.78.1 Retail sale of photographic and
Optical equipment and supplies -------------------------------------------
---
Economic activity last vendors listed in the table in the first column
specified by the European Parliament and
Council Regulation (EC) no. 1893/2006 of 20 December 2006 establishing the statistical
classification of economic activities NACE Revision 2 and fixing
amending Council Regulation (EC) no. 3037/90 and certain EC regulations on specific statistical domains
, as amended, and
to the Czech statistical Office 18 September 2007 on the establishment
Classification of economic activities (CZ-NACE)
Annex no. 11 to the Act no. 185/2001 Coll.
Method and conditions for determining the amount of the financial guarantee within the meaning of Article 6
directly applicable European Community regulation on waste shipments,
documents and evidence necessary for its calculation
First GENERAL PRINCIPLES
Financial security is provided or the indemnity is paid
payable to the Ministry. The Ministry of financial guarantees
funded alternative disposition of the waste, including an eventual return to
Czech Republic, if the notifier, the consignee or other responsible person fails
own expense respective obligations under Articles 22 to 25
directly applicable of the European Communities on shipments of waste
^ 39). The financial guarantee or equivalent insurance must meet the following requirements
:
First The warranty deed or a written statement of the agreed insurance
must be mentioned that it is a financial guarantee or equivalent insurance
within the meaning of Article 6 of the directly applicable legal
European Communities regulation on shipments of waste ^ 39).
Second Composite financial guarantee, or the amount of indemnity must
at least the value approved by the Ministry.
Third Part or all of the amount of money must be after the invitation of the Ministry
provided immediately without any conditions and examination because by
bank, insurance company or other financial institution. Financial amount may be
Instructed the Ministry in accordance with Article 6 paragraph. 7
directly applicable European Communities regulation on shipments of waste ^ 39)
granted to any other competent authority within the meaning of Article 2. 18
directly applicable legal European Community regulation on shipments of waste
^ 39).
Fourth If a financial guarantee or insurance guarantee agreed for
particular, must be valid for at least 16 months after the expiry of the relevant
Ministry's decision to consent to the shipment of waste.
This period may exceptionally be appropriately shortened in cases under Article 9, paragraph
. 7 directly applicable legal rule of the European Communities on
waste shipment. In case the waste is transported to the preliminary
operation must be adequately extended validity vice versa.
Fifth Financial guarantee of a certain amount can in principle be covered by a single notification form
.. "
Art. II Transitional provisions
first obligation established in § 27 paragraph . 4 of the Act no. 185/2001 Coll., as amended
effective from the date of entry into force of this Act, the operators or owners
lightly contaminated equipment required to meet the latest
1 year from the effective date of this Act.
2nd Level return according to § 30 point. o) of the Act no. 185/2001 Coll., as amended
effective from the date of entry into force of this Act, for the years 2009 and 2010
means percentage obtained by dividing the total weight
used portable batteries or accumulators
taken back by the manufacturer in a calendar year divided by the total
weight of portable batteries or accumulators placed on the market in the Czech Republic
their manufacturer in given calendar year.
third Proceedings on fines relating to § 31 and § 38 par. 1 point. b) and c)
Act no. 185/2001 Coll., as amended effective on the effective date
this Act, initiated before the effective date of this Act shall be completed
under the existing legislation.
Fourth Obligation stipulated in § 31c paragraph. 1 point. b) Law no. 185/2001
Coll., as amended, effective from the date of entry into force of this Act, is
manufacturer must meet no later than 26 September 2009.
Fifth The obligations set out in § 31d, paragraph § 31 g. 2 point. b) and d), § 31 g
paragraph. 3 point. a) and b), § 31 g Sec. 5, § 31h paragraph. 2 and 4, § 31i paragraph.
1 and § 31j paragraph. 1 of Act no. 185/2001 Coll., as amended, effective from the date of acquisition || | force of this Act, the manufacturer or seller of last
required to begin to implement within 6 months from the effective date of this Act
.
6th For registration in the List of Producers according to § 31e Para. 2 Act no.
185/2001 Coll., As amended, effective from the date of entry into force of this Act,
the manufacturer must submit within 90 days from the date of entry into force | || this Act.
7th The Ministry of Environment shall make the list of producers pursuant to §
31e paragraph. 8 of the Act no. 185/2001 Coll., As amended, effective from the date of entry into force of this Act
on public administration portal within 6 months from the date of acquisition
of this Act.
8th The annual report on batteries and accumulators according to § 31f paragraph. 1 point.
A) or § 31o paragraph. 2 point. c) of the Act no. 185/2001 Coll., as amended, effective
effective date of this Act, processed
manufacturer or system operator for the first time for the calendar year 2009.
9th The minimum level of take-back portable batteries or accumulators according to § 31 g
paragraph. 1 point. b) Act no. 185/2001 Coll., as amended, effective
effective date of this Act, must reach 25% by 26 September
2012 and 45% by 26 September 2016.
10th The manufacturer is obliged to establish a place of return in accordance with § 31 g paragraph. 2
point. a) Act no. 185/2001 Coll., as amended, effective from the date of entry into force of this Act
, within 6 months from the date of entry into force of this Act
.
11th The manufacturer is obliged to establish a place of return in accordance with § 31 g paragraph. 2
point. c) of the Act no. 185/2001 Coll., as amended, effective from the date of entry into force of this Act
, within 6 months from the date of entry into force of this Act
.
12th The minimum efficiency of material utilization processes specified in § 31j
paragraph. 3 point. a) to c) of the Act no. 185/2001 Coll., as amended, effective from the date of
commencement of this Act, the manufacturer of devices to achieve
later than 26 September 2011.
13th The provisions of § 31j par. 4 Act no. 185/2001 Coll., As amended, effective
Effective date of this Act shall apply to portable batteries or accumulators
since September 26, 2009.
PART TWO
Amendment of the conditions for operating vehicles on roads
Art. III
Law no. 56/2001 Coll., On conditions for operating vehicles on roads
roads and amending Act no. 168/1999 Coll., On liability insurance for damage caused
operation of a vehicle and amending some related || | acts (vehicle insurance), as amended
Act no. 478/2001 Coll., Act no. 175/2002 Coll., Act no. 320/2002 Coll., Act No.
. 193/2003 Coll., Act no. 103/2004 Coll., Act no. 186/2004 Coll.
Act no. 237/2004 Coll., Act no. 411/2005 Coll., Law no. 226 / 2006 Coll.
Act no. 311/2006 Coll., Act no. 342/2006 Coll., Act no. 170/2007 Coll.
Act no. 124/2008 Coll., Act no. 137 / 2008 Sb. and Act no. 383/2008
Coll., is amended as follows:
First Under § 79b is inserted § 79c, added:
"§ 79c
(1) The operator of a road vehicle, which is registered in the registry
road vehicles, and that is by regular technical inspections
technically eligible for use on the road, it may request
perform testing of road vehicles.
(2) Testing road vehicle referred to in paragraph 1 shall be
legal entity referred to in § 79b paragraph. 2. The results of the testing shall be reported
testing that legal entity shall
operators of road vehicles. Testing Result paid later than 31 May
calendar year following the calendar year in which testing is conducted
historic vehicles.
(3) The operator of a road vehicle referred to in paragraph 1 may
a protocol for testing as road vehicles locally
competent authority for registration of old vehicles specified in § 79a paragraph
. 1 and request recognition of road vehicle testing.
Locally competent authority shall verify the validity of the protocol on testing and issue
road vehicle operator certificate of recognition testing
road vehicle on the historical originality. Proof of recognition testing
road vehicle on the historical originality is valid until expiry of the Protocol
a valid test that is recognized by it, but until
31st May calendar year following the calendar year in which testing
historic vehicles carried.
(4) The implementing regulation lays down the method and the conditions of testing
road vehicle referred to in paragraph 1, pattern recognition applications for testing
road vehicle model and proof of recognition testing
road vehicle for historical authenticity. ".
Second In § 91, after the words "§ 79b paragraph. 7," the words "Article 79c §. 4".
PART THREE
EFFICIENCY
Art. IV
This Act shall take effect on the fifteenth day following its publication.
Pp. Nemcova vr
Klaus vr
Fischer vr
