**106**

**THE PRIME MINISTER**

**promulgates**

**full wording of Act No. 185/2001 Coll., on waste and amending some
other laws,**

**as follows from amendments introduced by Act No. 477/2001 Coll., Act
No. 76/2002 Coll.,**

**Act No. 275/2002 Coll., Act No. 320/2002 Coll., Act No. 167/2004
Coll.,**

**Act No. 188/2002 Coll., Act No. 317/2004 Coll. and Act No. 7/2005
Coll**.

**ACT**

**on waste**

The Parliament has passed the following Act of the Czech Republic:

# PART ONE

# BASIC PROVISIONS

#### Section 1

## Subject of the Act

In accordance with the law of the European Communities[^1]^)^, this Act
stipulates

a\) the rules for the prevention of waste production and for waste
management in compliance with protection of the environment and human
health, and sustainable development,[^2]^a^)

b\) the rights and duties of persons in the waste management sector, and

c\) the competence of public administrative bodies.

#### Section 2

## Scope of the Act

\(1\) The Act applies to the management of all wastes, except for:

a\) waste water,[^3])

b\) waste generated from mining activities and activities performed by
mining methods, deposited in tips, waste dumps and sludge beds,[^4])

c\) waste from precious metals,[^5])

d\) radioactive waste,[^6])

e\) dead human bodies including dead-born and aborted babies, parts of
bodies including amputated limbs and organs, and remains,[^7])

f\) confiscated materials of animal origin,[^8])

g\) uncaptured air-polluting emissions,[^9])

h\) waste from explosive agents, explosives and ammunition,[^10])

i\) excavated soil and gangue, including sediments from river courses
and water reservoirs complying with the pollution limits for their use
within the agricultural land fund, for filling underground areas and
land surface modifications (terrain modifications), stipulated by an
implementing regulation.

\(2\) Unless stipulated otherwise by a special legal regulation, this
Act also applies to depositing of wastes not generated in mining
activities in underground spaces and in sludge beds^3^), and management
of unusable dependency-producing substances, preparations and precursors
and unusable pharmaceuticals.[^11]^0^)

\(3\) The Ministry of the Environment and the Ministry of Agriculture
shall stipulate in a decree the details of management and the limit
values for concentration of harmful substances in excavated soil and
excavated gangue, including sediments from river courses and water
reservoirs that are not subject to the Act on Waste.

#### Section 3

## Definition of Waste

\(1\) Waste shall be every movable thing that a person discards or
intends to discard or is obliged to discard and that is assigned to any
of the waste categories stipulated in Annex No. 1 to this Act.

\(2\) Waste is discarded whenever a person submits a movable thing
classified in any of the waste categories stipulated in Annex No. 1 to
this Act for recovery or disposal in the sense of this Act or if (s)he
submits it to a person licensed to collect or purchase waste under this
Act irrespective of whether the transfer is effected without
consideration or for consideration. Waste is also discarded when a
movable thing classified in any of the waste categories set forth in
Annex No. 1 to this Act is disposed of by the relevant person
him(her)self.

\(3\) Unless the owner demonstrates otherwise in a procedure to remove
doubt pursuant to Section 78 (2) (h), the intention shall be presumed to
discard a movable thing classified in any of the waste categories
stipulated in Annex No. 1 to this Act

a\) that is generated by legal persons or natural persons authorized to
operate a business as a by-product in the production or conversion of
energy, in the production or management of substances or products, or in
the use thereof or in the provision of services, or

b\) whose original purpose of use has ended or ceased.

\(4\) A person shall be obliged to discard a movable thing classified in
any of the waste categories stipulated in Annex No. 1 to this Act if
(s)he does not use the thing for its original purpose and the thing
endangers the environment or has been removed from use pursuant to a
special legal regulation.[^12]^1^)

#### Section 4

## Other Basic Terms

For the purposes of this Act:

a\) hazardous waste means waste included in the List of Hazardous Waste
stipulated in an implementing regulation and any other waste exhibiting
one or more of the hazardous properties set forth in Annex No. 2 to this
Act,

b\) municipal waste means all waste generated in the territory of a
municipality in connection with activities of natural persons that is
referred to as municipal waste in an implementing regulation[^13]^1a^),
with the exception of waste generated by legal persons or natural
persons authorized to operate a business,

c\) waste management sector includes activities aimed at waste
prevention, waste management and follow-up care for sites where waste is
permanently deposited, and control of these activities,

d\) waste management means the accumulation, concentration, collection,
purchase, separation, shipment and transport, storage, treatment,
recovery and disposal of waste,

e\) facility means technological equipment, a site, structure or part of
a structure,

f\) accumulation of waste means short-term concentration of waste in
waste-accumulation equipment at the place of its generation prior to
further management of the waste,

g\) waste storage means temporary storage of concentrated waste
(accumulated, collected, purchased) in a facility designed for such
purpose and retaining waste in that facility,

h\) waste landfill means a technological facility designed for disposal
of waste by means of its permanent and controlled deposit onto or into
land,

i\) waste collection means the concentration of waste by a legal person
or natural person authorized to operate a business from other entities
for the purpose of its submission for further recovery or disposal,

j\) purchase of waste means the collection of waste in case where the
waste is purchased for an agreed price by a legal person or a natural
person authorized to operate a business,

k\) waste treatment means every activity resulting in a change in the
chemical, biological or physical properties of waste (including
separation) for the purpose of enabling or facilitating the transport,
recovery or disposal thereof, or for the purpose of reducing the volume
thereof, or reducing the hazardous properties thereof, if appropriate,

l\) waste recovery means activities set forth in Annex No. 3 to this
Act,

m\) material recovery of waste means the replacement of primary raw
materials by substances obtained from waste which may be considered to
be secondary raw materials, or utilization of the material properties of
the waste for their original purpose or other purposes, except for
immediate obtaining of energy,

n\) energy recovery of waste means the use of waste primarily in a
manner similar to fuels8) for the purpose of obtaining their energy
content or in some other manner for energy production,

o\) waste disposal means activities set forth in Annex No. 4 to this
Act,

p\) waste generator means a legal person in whose activities waste is
generated or a natural person authorized to operate a business in whose
business activities waste is generated. A municipality shall be
considered to be the waste generator in relation to municipal waste that
is generated in the territory of a municipality and that originates in
the activities of natural persons who are not subject to the duties of a
waste generator. A municipality becomes the municipal waste generator
when a natural person discards waste at the place designated therefor;
the municipality simultaneously becomes the owner of such waste,

r\) licensed person means every person licensed to manage waste pursuant
to this Act or pursuant to special legal regulations,[^14]^2^)

s\) putting a product into circulation means submission of a product to
some other person, for consideration or without consideration, for the
purpose of its distribution or use. Import of a product shall also be
considered to be putting into circulation.

# 

# PART TWO

# CLASSIFICATION OF WASTE AND EVALUATION OF HAZARDOUS PROPERTIES OF WASTE

### TITLE I

### CLASSIFICATION OF WASTE

#### Section 5

## Classification of Waste Pursuant to the Catalogue of Waste

\(1\) For the purposes of waste management, the waste generator and the
licensed person shall be obliged to classify waste pursuant to the
Catalogue of Waste issued by the Ministry of the Environment
(hereinafter the "Ministry") in an implementing regulation.

\(2\) In cases where waste cannot be unambiguously classified pursuant
to the Catalogue of Waste, the waste shall be classified by the Ministry
on the basis of a proposal by the competent municipal authority of a
municipality with extended competence. The Code of Administrative
Procedure shall not apply to this procedure.[^15]^3^)

\(3\) The Ministry shall stipulate in a decree

a\) the Catalogue of Waste,

b\) the procedure for classification of waste pursuant to the Catalogue
of Waste, and

c\) the requisites of a proposal by the municipal authority of a
municipality with extended competence for classification of waste
pursuant to the Catalogue of Waste.

#### Section 6

## Classification of Waste in Categories

\(1\) For the purpose of waste management, a waste generator and a
licensed person shall obliged to classify waste in the hazardous waste
category if it is

a\) included in the List of Hazardous Waste stipulated in an
implementing regulation, or

b\) mixed with or contaminated by any of the components referred to in
the List of Components Rendering Waste Hazardous, as set forth in Annex
No. 6 to this Act, or

c\) mixed with or contaminated by any of the wastes included in the List
of Hazardous Waste stipulated in an implementing regulation.

\(2\) If waste has one ore more hazardous properties set forth in Annex
No. 2 to this Act, the waste generator and the licensed person who
manages the waste shall be obliged to classify such waste as hazardous
and manage it as hazardous waste, even if it does not meet the
conditions set forth in paragraph 1 above.

\(3\) Mixed municipal waste shall not be classified in the hazardous
waste category and the waste generator and the licensed person shall not
be obliged to manage the waste as hazardous even if it meets conditions
set forth in paragraph 1 or 2 above.

\(4\) If the waste generator or the licensed person demonstrates through
a certificate of absence of hazardous properties of waste that the waste
referred to in paragraph 1 (b) or (c) above does not have any of the
hazardous properties, then (s)he shall not be obliged to comply with the
regime stipulated for hazardous waste; however, (s)he shall be obliged
to verify from time to time that the waste does not have such hazardous
properties. The authorized person shall stipulate the manner and
frequency of verification in the certificate of absence of hazardous
properties of waste.

\(5\) The Ministry shall stipulate in a decree the List of Hazardous
Waste.

### TITLE II

### EVALUATION OF HAZARDOUS PROPERTIES OF WASTE

## Section 7

## Authorization for Evaluation of Hazardous Properties of Waste

\(1\) If a waste generator or a licensed person who manages waste is of
the opinion that waste that meets the conditions set forth in Section 6
(1) (b) or (c) has no hazardous properties, (s)he may request evaluation
of the hazardous properties of this waste.

\(2\) The hazardous properties of wastes set forth in Annex No. 2 to
this Act under designations H1, H2, H3-A, H3-B, H12, H13 and H14 shall
be evaluated by a legal person or natural person authorized by the
Ministry; other hazardous properties set forth in Annex No. 2 to this
Act shall be evaluated by a legal person or natural person authorized by
the Ministry of Health (hereinafter the "authorized person").

\(3\) Authorization for evaluation of the hazardous properties of waste
shall be granted for a fixed term not exceeding 5 years. The term of the
authorization for evaluation of the hazardous properties of waste shall
be prolonged by the Ministry or the Ministry of Health on the basis of a
proposal of the authorized person for another term not exceeding 5 years
if the conditions for prolonging the term of authorization stipulated by
this Act are met.

\(4\) If the authorized person submits a proposal for prolonging the
term of authorization for evaluation of the hazardous properties of
waste at the latest 6 month before expiry of the original term, for
which the authorization was granted, the authorization for evaluation of
the hazardous properties of waste shall not expire, until a final
decision is made on the proposal.

\(5\) A granted authorization shall not pass to any other legal person
or natural person.

\(6\) The Ministry shall grant authorization to or prolong the term of
authorization of a legal person or natural person who demonstrates
his/her professional qualification or whose professional qualification
has been recognized pursuant to the special legal regulation.[^16]^3a^)
Professional qualification for evaluation of the hazardous properties of
wastes set forth in Annex No. 2 to this Act under designations H1, H2,
H3-A, H3-B, H12, H13 and H14 shall be demonstrated a document

a\) of university education in a technical field or in natural science,

b\) of at least 10 years of experience in chemistry or in the waste
management sector; and

c\) of the fact that, during the last 6 months prior to submission of an
application for authorization or a proposal for prolonging the term of
authorization, the applicant has undergone training in evaluation of the
hazardous properties of waste, whose curriculum was approved by the
Ministry.

\(7\) The Ministry of Health shall grant authorization to or prolong the
term of authorization of a legal person or a natural person who
demonstrates his/her professional qualification or whose professional
qualification has been recognized pursuant to the special legal
regulation.^13a^) Professional qualification shall be demonstrated

a\) for evaluation of the hazardous properties of wastes set forth in
Annex No. 2 to this Act under designations H4 to H8, H10 and H11, by
submitting a document of completion of university study in the study
field of medicine, veterinary medicine or pharmacy, or in some other
field of study at a different university if the natural person has
completed post-graduate study with the specialization of industrial
toxicology and, if other professional workers in health care are
involved, a special preparation whose subject matter includes
toxicology, pursuant to the special regulations;[^17]^4^) for evaluation
of the hazardous properties of wastes set forth in Annex No. 2 to this
Act under designation H9, by submitting a document of completion of
university study in the study field of medicine or veterinary medicine,

b\) by a document of at least 10 years of experience in the given field,
and

c\) by a document of the fact that, during the last 6 months prior to
submission of an application for authorization or a proposal for
prolonging the term of authorization, the applicant has undergone
training in evaluation of the hazardous properties of waste, whose
curriculum was approved by the Ministry of Health.

\(8\) For a legal person or natural person authorized to operate a
business, the requirements set forth in paragraphs 6 and 7 above must be
met by the person who is responsible for proper evaluation of the
hazardous properties of waste (hereinafter the "professional
representative").

\(9\) In case of cessation of activities of the professional
representative for the authorized person, the authorized person shall be
obliged to appoint a new professional representative and notify his/her
appointment to the ministry that granted its authorization, at the
latest within 15 days of cessation of activities of the professional
representative. Simultaneously, the authorized person shall be obliged
to submit to this ministry documents indicating the professional
qualification of the new professional representative.

\(10\) Authorization pursuant to paragraph 2 above shall not be required
for a person who is established in some other Member State of the
European Union and intends to temporarily or occasionally pursue
activities set forth in paragraph 2 above, if (s)he demonstrates that

a\) (s)he is a citizen of a Member State of the European Union; and

b\) (s)he is authorized to pursue the activities set forth in paragraph
2 above pursuant to the legal regulations of another Member State of the
European Union.

\(11\) This person shall be obliged to submit the documents on meeting
the conditions pursuant to paragraph 10 (a) and (b) above to the
Ministry or to the Ministry of Health prior to commencing activities
listed in paragraph 2 above. Section 9 shall apply to activities of this
person *mutatis mutandis*.

\(12\) The Ministry and the Ministry of Health shall stipulate in a
decree the contents of an application for authorization for evaluation
of the hazardous properties of waste, the contents of a proposal for
prolonging the term of authorization and the curriculum of training in
evaluation the hazardous properties of waste.

#### Section 8

## Withdrawal and Expiry of Authorization for Evaluation of Hazardous Properties of Waste

\(1\) In a decision, the Ministry or the Ministry of Health, within its
respective competence, shall withdraw an authorization for evaluation of
the hazardous properties of waste from an authorized person if the
authorized person fails to follow the procedures stipulated for
evaluation of hazardous properties of waste or fails to meet the
conditions under which the authorization was granted or issues a
certificate for waste that has any of the hazardous properties.

\(2\) A decision on authorization for evaluation of the hazardous
properties of waste shall expire

a\) upon the death of a natural person;

b\) upon termination of a legal person,

c\) by declaring of bankruptcy in relation to the assets of the
authorized person,

d\) upon expiry of the term, for which it was issued, unless a request
has been lodged for prolonging the term of the authorization in the
sense of Section 7 (4), or

e\) on the date of delivery of notification by the authorized person of
cessation of his/her activities as a person authorized to evaluate the
hazardous properties of wastes to the ministry that authorized the given
person.

#### Section 9

## Certificate of Absence of Hazardous Properties of Waste

\(1\) The authorized person shall evaluate the hazardous properties of
waste on the basis of an application by the waste generator or licensed
person. If the authorized person ascertains that the waste does not have
any hazardous properties, (s)he shall issue to the applicant a
certificate on absence of the hazardous properties of waste (hereinafter
a "certificate"). Otherwise, the authorized person shall notify the
applicant in writing that the waste has one or more hazardous properties
(hereinafter "notification"), and state the reasons for this finding.
The waste generator or the licensed person shall send a copy of the
certificate or notification forthwith to the Czech Environment
Inspection (hereinafter "the Inspection") and the regional authority
that competent pursuant to the place of waste management. The
certificate shall not relieve the waste generator and the licensed
person from the duty to manage the waste in a manner preventing damage
to the environment or from liability for damage caused by inappropriate
waste management. The Code of Administrative Procedure shall not apply
to issuance of a certificate and notification.

\(2\) In the certificate, the authorized person shall always specify the
type and origin of waste covered by the certificate and include
evaluation of the hazardous properties of the waste, and stipulate the
conditions and term of the certificate; this term may not exceed 4
years. The certificate shall expire immediately in case of a change in
technology or input raw materials at the premises of the waste generator
or licensed person that affects the composition of the waste or its
properties.

\(3\) The Inspection or the regional authority competent pursuant to the
place of waste management may suspend the validity of a certificate
issued by an authorized person for a period not exceeding 60 days if
doubts arise with respect to compliance with the proper methods or
procedure set for evaluation of the hazardous properties of waste or the
manner and frequency of control of the hazardous properties, or if
doubts arise with respect to the result of evaluation of the hazardous
properties of waste. An appeal against a decision on suspending the
validity of a certificate shall not have suspensory effect.

\(4\) The Inspection or the regional authority competent pursuant to the
place of waste management may withdraw a certificate if the methods or
procedure set for evaluation of the hazardous properties of waste have
not been maintained or the hazardous properties of waste have not been
evaluated correctly. An appeal against a decision on withdrawal of a
certificate shall not have suspensory effect.

\(5\) An authorized person may not issue a certificate with respect to
waste, for which (s)he is responsible as the generator or licensed
person and may not evaluate hazardous properties, for the evaluation of
which (s)he is not authorized.

\(6\) The Ministry and the Ministry of Health shall stipulate in a
decree

a\) the contents of an application for evaluation of the hazardous
properties of waste,

b\) the contents of a certificate,

c\) the criteria, methods and procedures involved in the evaluation of
hazardous properties of waste.

# PART THREE

# DUTIES IN WASTE MANAGEMENT

### TITLE I

### GENERAL DUTIES

#### Section 10

## Prevention of Waste Generation

\(1\) Every person shall be obliged, within his/her activities or within
his/her competence, to prevent waste generation and to limit the
quantity and hazardous properties thereof; waste whose generation cannot
be avoided must be recovered or disposed of, as appropriate, in a manner
that does not endanger human health and the environment and that is in
accordance with this Act and with the special legal
regulations.[^18]^5^)

\(2\) A legal person and a natural person authorized to operate a
business, who manufactures products, shall be obliged to manufacture the
products in a manner limiting the generation of unrecoverable waste from
these products, particularly of hazardous waste.

\(3\) A legal person and a natural person authorized to operate a
business, who manufactures or imports products or places products on the
market, shall be obliged to provide, in the accompanying documentation
of the product, on the packaging, in the instructions for use or in some
other appropriate manner, information on the manner of recovery or
disposal of unused parts of the products.

#### Section 11

## Priority of Waste Recovery

\(1\) Every person shall be obliged, within his/her activities or within
his/her competence, within the limits stipulated by this Act, to ensure
that recovery of waste has priority over its disposal. Material recovery
of waste shall have priority over any other recovery of waste.

\(2\) The duty stipulated in paragraph 1 above need not be fulfilled if
technical or economic preconditions are lacking at the given time and
location for its fulfillment and if waste management plans pursuant to
Part Seven of this Act are complied with.

\(3\) When assessing the suitability of the manners of waste disposal,
priority shall always be given to the manner that ensures greater
protection of human health and is environmentally sounder. Only wastes,
for which no other manner of disposal is available or which would entail
a greater risk for the environment or risk for human health, may be
deposited in a landfill provided that landfilling of the waste is not
contrary to this Act or implementing regulations.

#### Section 12

## General Duties

\(1\) Every person shall be obliged to manage waste and discard it only
in a manner stipulated by this Act and other legal regulations issued
for environmental protection. Management of hazardous waste management
is also governed by special legal regulations[^19]^6^) valid for
products, substances and preparations with the same hazardous
properties, unless specified otherwise by this Act or regulations for
its implementation.

\(2\) Unless hereinafter stipulated otherwise, waste pursuant this Act
may only be managed in facilities designed for waste management pursuant
to this Act. Such waste management must not endanger human health or
endanger or damage the environment, and the pollution limits stipulated
by special legal regulations[^20]^7^) must not be exceeded.

\(3\) Only a legal person or a natural person authorized to operate a
business, who operates a facility for recovery or disposal or for
collection or purchase of a certain type of waste, or a person, who is
the operator of a facility pursuant Section 14 (2), or, under the
conditions stipulated in Section 17, also a municipality, shall be
authorized to accept waste to his/her ownership.

\(4\) Every person shall be obliged to ascertain whether the person, to
whom (s)he submits waste, is authorized to accept the waste pursuant to
this Act. If that person fails to demonstrate such authorization, the
waste may not be submitted to him/her.

\(5\) Diluting or mixing of wastes aimed at meeting the criteria for
their acceptance to a landfill and mixing hazardous wastes with other
hazardous wastes or with other wastes shall be prohibited. In
exceptional cases, mixing hazardous wastes with other hazardous wastes
or other wastes shall be permissible only with the consent of the
regional authority competent pursuant to the place of waste management.
The regional authority shall grant this consent only if the mixing of
the hazardous wastes will not result in endangering of human health or
the environment and if the purpose of mixing hazardous wastes is to meet
the requirements of the technology of recovery or disposal of wastes and
increasing safety in management thereof.

\(6\) If hazardous wastes have already been mixed with other hazardous
wastes or other wastes, these wastes must be separated provided that
this is technically or economically feasible and required to ensure
protection of the environment and human health. This duty does not apply
to mixing of hazardous wastes, for which the consent has been granted by
the regional authority pursuant to paragraph 5 above.

\(7\) The duties of waste generators and licensed persons do not apply
to fire-protection units and other legal persons and natural persons
authorized to operate a business that are designated by special legal
regulations[^21]^8^) for dealing with accidents and extinguishing fire,
within the scope of these activities.

#### Section 13

## Packaging and Labeling of Hazardous Waste

\(1\) Packaging of hazardous waste shall be governed by special legal
regulations *mutatis mutandis*.[^22]^9^)

\(2\) A waste generator and a licensed person who manages hazardous
waste shall be obliged to ensure that hazardous wastes are labeled as
follows:

a\) wastes with a hazardous property set forth in Annex No. 2 to this
Act under designations H1, H2, H3, H6, H8, H9 and H14, with a graphic
symbol pursuant to the special legal regulation,19)

b\) hazardous waste other than set forth in subparagraph a) above, with
the sign "hazardous waste".

\(3\) A waste generator and a licensed person who manages hazardous
waste shall be obliged to draw up an identification sheet for hazardous
waste and display this sheet at the place of management of the hazardous
waste.

\(4\) The Ministry shall stipulate in a decree the contents of the
identification sheet for hazardous waste.

#### Section 14

## Consent to Operation of a Facility for Waste Recovery, Disposal, Collection or Purchase

\(1\) A facility for waste recovery, disposal, collection or purchase
may be operated only on the basis of a decision issued by a regional
authority, through which the consent is granted to operate such a
facility and for its rules of operation (hereinafter the "consent to
operate a facility"). In the proceedings preceding issuance of this
decision, the regional authority must assess all facilities related to
this activity. The consent to operate landfills for hazardous waste
shall be granted for a fixed term not exceeding 4 years. The regional
authority shall prolong the term of the consent on the basis of an
application of the operator of a landfill for hazardous waste always by
an additional term not exceeding 4 years if all the conditions are met
and the duties are fulfilled in operation of the landfill, as stipulated
by this Act and the implementing regulation.

\(2\) Facilities that are not designed for waste management pursuant
this Act may recover only waste that meets the conditions stipulated for
input raw materials and the management of this waste must not be
contrary to the special legal regulations, in accordance with which the
facility is operated, and the legal regulations for the protection of
human health and the environment.[^23]^0^) The consent to operate a
facility pursuant to paragraph 1 above shall not be required for the
operation of such facilities.

\(3\) If the new operator of a facility applies to the regional
authority for a new consent to operate the facility at the latest within
30 calendar days of the date of transfer or passage of the right to use
the facility, the existing consent to operate the facility shall also
apply to the new operator until a final decision is issued on the
application of this operator.

\(4\) A construction-approval decision issued pursuant to the special
legal regulation[^24]^1^) for structures designed for waste recovery,
disposal, collection or purchase may not be issued without a decision on
granting the consent to operate a facility under paragraph 1 above.

\(5\) The Ministry shall stipulate in a decree

a\) the requisites of an application for the consent to operate a
facility,

b\) the contents of the rules of operation of a facility for waste
recovery, disposal, collection or purchase,

c\) the technical requirements for these facilities,

d\) the contents of the plan of modification of a landfill.

#### Section 15

## Waste Manager

\(1\) A waste generator and a licensed person, who have managed
hazardous waste in a quantity exceeding 100 t of hazardous waste
annually during the last 2 years, and the operator of a landfill for
hazardous waste or municipal waste, shall be obliged to provide for
professional management of waste through a professionally qualified
person (hereinafter a "waste manager").

\(2\) If an independent establishment meets the conditions set forth in
paragraph 1 above, the waste generator or the licensed person shall be
obliged to appoint a waste manager also for this independent
establishment.

\(3\) The waste manager shall be responsible to the waste generator or
the licensed person, who appointed him/her as the waste manager, for
ensuring professional waste management. The waste manager shall
represent the waste generator or the licensed person in negotiations
with the public administrative bodies in the area of waste management,
particularly in the performance of their control activities.

\(4\) A waste manager may act in this capacity for no more than five
waste generators and licensed persons or five independent
establishments.

\(5\) The duty to appoint a waste manager does not apply to carriers
even if they meet the conditions set forth in paragraph 1 above.

\(6\) Only a natural person who has completed university education and
has at least 3 years of experience in the waste management sector
obtained during the last 10 years or has secondary education completed
by a graduation examination and has at least 5 years of experience in
the waste management sector obtained during the last 10 years, may be
appointed as a waste manager.

\(7\) If the waste generator or the licensed person meets the conditions
set forth in paragraph 1 above, the appointment of a waste manager in
accordance with this Act shall be a precondition for granting the
consents pursuant to Sections 14 and 16 (3).

\(8\) If activities of a waste manager for the waste generator or the
licensed person are ceased and the conditions set forth in paragraph 1
above continue to exist, the waste generator or the licensed person
shall be obliged to appoint a new waste manager and to notify his/her
appointment to the administrative authority that issued the consent to
operate the facility or the consent to manage hazardous waste, within 30
days of the date of cessation of activities of the waste manager.
Simultaneously, the waste generator or the licensed person shall be
obliged to submit to this administrative authority documents indicating
compliance with the requirements set forth in paragraph 6 above.

\(9\) The provisions of paragraph 8 above shall also apply when the
conditions pursuant to paragraph 1 above are met for the waste generator
or the licensed person.

### TITLE II

### DUTIES IN THE INDIVIDUAL PHASES OF WASTE MANAGEMENT

##### Chapter 1

##### Waste Generators

#### Section 16

## Duties of Waste Generators

\(1\) A waste generator shall be obliged to:

a\) classify waste according to the types and categories pursuant to
Sections 5 and 6,

b\) provide for the priority of recovery of waste in accordance with
Section 11,

c\) transfer the ownership title to waste that (s)he cannot recover or
dispose of him/herself in accordance with this Act and the implementing
regulations only to a person authorized to accept the waste pursuant to
Section 12 (3), either directly or through a legal person established to
this end,[^25]^2^)

d\) verify the hazardous properties of waste pursuant to Section 6 (4)
and manage waste according to its actual properties,

e\) accumulate waste separated according to the individual types and
categories,

f\) safeguard waste against undesirable devaluation, theft or escape,

g\) keep continuous records of waste and the manner of its management,
report waste and send to the competent authority other data within the
scope stipulated by this Act and an implementing regulation, including
keeping records of and reporting PCBs and equipment containing PCBs
subject to inventory as defined in Section 26. These records must be
filed for a period stipulated by this Act or an implementing regulation,

h\) allow the control bodies to enter buildings, premises and facilities
and, on request, submit documents and provide truthful and complete
information related to waste management,

i\) draw up a waste management plan in accordance with this Act and an
implementing regulation and ensure its implementation,

j\) perform control of the impact of waste management on human health
and the environment in accordance with the special legal regulations and
the waste management plan,

k\) appoint a waste manager under the conditions stipulated by this Act
pursuant to Section 15,

l\) pay fees for depositing waste on landfills in the manner and within
the scope stipulated by this Act.

\(2\) If separation or separate accumulation is not necessary with
respect to the subsequent manner of recovery or disposal of the waste,
the waste generator may refrain from separation or separate accumulation
with the consent of the locally competent state administrative body,
subject to subsequent changes in competence.

\(3\) The waste generator may manage hazardous waste only on the basis
of the consent of the competent state administrative body, subject to
subsequent changes in competence, unless the consent for operation of a
facility pursuant to Section 14 already covers this activity. Shipment
of hazardous waste shall be subject to consent.

\(4\) The waste generator shall be responsible for management of waste
until its recovery or disposal if (s)he provides for recovery or
disposal him(her)self as a licensed person, or until the ownership title
to the waste is transferred to a person authorized to accept the waste
pursuant to Section 12 (3). The carrier shall be responsible for
transport of waste.[^26]^3^) The duties of the generator pursuant to
paragraph 1 above, except for subparagraphs i) and j), shall pass to
each licensed person who accepts waste from the waste generator into
his/her ownership.

\(5\) The Ministry shall stipulate in a decree the requisites of an
application for the consent to manage hazardous waste.

#### Section 17

## Rights and Duties of Municipalities and Natural Persons in Managing Municipal Waste

\(1\) The duties of waste generators pursuant to Section 16 apply to
municipalities, unless the Act hereafter stipulates otherwise.

\(2\) Within its independent competence, a municipality may stipulate,
in a generally binding edict of the municipality, the system of
accumulation, collection, shipment, separation, recovery and disposal of
municipal waste generated within its cadastral territory, including the
system of management of construction waste.

\(3\) In accordance with the special legal regulations[^27]^4^), a
municipality shall be obliged to designate places where natural persons
may discard municipal waste generated by them and provide for places
where natural persons may discard hazardous components of municipal
waste (e.g. residues of paints and consumer chemicals, discharge lamps,
solvents). A municipality shall fulfill the duty to provide for places
for discarding hazardous components of municipal waste by designating a
place for accumulation of hazardous components of municipal waste at the
set dates, however, at least twice a year, and by providing for
transport of this waste by a licensed person. If required, a
municipality may supplement this system by regular mobile waste
collection ensured by a licensed person.

\(4\) Natural persons shall be obliged to discard municipal waste at
places designated therefor and, from the date when the municipality so
stipulates in a generally binding edict, to separately accumulate and
separate municipal waste and submit municipal waste for recovery and
disposal according to the system stipulated by the municipality, unless
they recover the waste themselves in accordance with this Act and
special legal regulations.[^28]^5^)

\(5\) A municipality may collect a fee for accumulation, collection,
transport, separation, recovery and disposal of municipal wastes from
natural persons on the basis of an agreement. The agreement must be
executed in writing and must specify the amount of the fee. If a
municipality collects such a fee, it may not stipulate a fee for
municipal waste pursuant to Section 17a or a local fee for operation of
a system of accumulation, collection, shipment, separation, recovery and
disposal of municipal waste pursuant to the special law.[^29]^5a^)

\(6\) Waste generators who generate waste classified according to the
Catalogue of Waste as waste similar to municipal waste generated in
activities of legal persons and natural persons authorized to operate a
business may, on the basis of an agreement with the municipality,
utilize the system established by the municipality for management of
municipal waste The agreement must be executed in writing and must
always specify the amount of the agreed price for this service.

#### Section 17a

## Fee for Municipal Waste

\(1\) A municipality may stipulate, in a generally binding edict
(Section 17 (2)), and collect a fee for municipal waste (hereinafter the
"fee") generated within its jurisdiction. The fee may not be stipulated
simultaneously with a local fee for operation of a system of
accumulation, collection, shipment, separation, recovery and disposal of
municipal waste pursuant to the special law.^25a^)

\(2\) The contributor of the fee shall be every natural person who
generates municipal waste in his/her activities. The payer of the fee
shall be the owner of the real estate where municipal waste is
generated. With respect to a building where an association of owners of
units has been established pursuant to the special law the payer of the
fee shall be this association. The payer of the fee shall charge the fee
to the individual contributors *pro rata*.

\(3\) The fee shall be administered by the municipality that established
the fee within its jurisdiction.

\(4\) If the contributor fails to reimburse the fee to the payer in time
or in the correct amount, the payer of the fee shall notify this fact to
the municipality, which shall consequently charge the fee by means of a
payment order.

\(5\) The maximum amount of the fee shall be set according to the
expected justified costs of the municipality following from the regime
of management of municipal wastes, allocated to the individual
contributors according to the number and volume of containers designed
for discarding waste per individual piece of real estate or according to
the number of persons using an apartment and in relation to the degree
of separation of this waste. The fee may also reflect the costs related
to lease of containers intended for discarding the waste. The fee shall
be an income for the municipality.

\(6\) Special legal regulations shall apply to the proceedings concerned
with fees for municipal waste.[^30]^5b^)

##### Chapter 2

##### Collection and Purchase of Waste

#### Section 18

## Duties in Collection and Purchase of Waste

\(1\) The operator of a facility for the collection or purchase of waste
shall be obliged to

a\) classify waste according to the types and categories pursuant to
Sections 5 and 6,

b\) provide for the priority of recovery of waste in accordance with
Section 11,

c\) appoint a waste manager under the conditions stipulated by this Act
pursuant to Section 15,

d\) transfer the ownership title to the collected or purchased waste
only to a person authorized to accept the waste pursuant to Section 12
(3),

e\) operate the facility for collection or purchase of waste in
accordance with its approved rules of operation,

f\) publish the collected or purchased types of waste and the conditions
for their collection or purchase, and collect or purchase the published
types of collected or purchased waste under the set conditions,

g\) verify the hazardous properties of waste pursuant to Section 6 (4)
and manage waste according to its actual properties,

h\) accumulate the collected or purchased waste separated according to
the individual types and categories,

i\) safeguard waste against undesirable devaluation, theft or escape,

j\) keep continuous records of waste and the manner of its management,
report waste and send to the competent authority other data within the
scope stipulated by this Act and an implementing regulation, including
keeping records of and reporting PCBs and equipment containing PCBs
subject to inventory as defined in Section 26. These records must be
filed for a period stipulated by this Act or an implementing regulation,

k\) allow the control bodies to enter buildings, premises and facilities
and, on request, submit documents and provide truthful and complete
information related to waste management.

\(2\) If separation or separate accumulation is not necessary with
respect to the subsequent manner of recovery or disposal of the waste,
the operator of a facility for collection or purchase of waste may
refrain from separation or separate accumulation with the consent of the
competent state regional authority.

\(3\) The operator of a facility for collection or purchase of waste
carrying out the collection or purchase of waste stipulated by an
implementing regulation shall be obliged, in acceptance or purchase of
this waste, to keep records of persons from whom (s)he accepted or
purchased the waste; in order to fulfill this obligation, (s)he shall be
entitled to request their personal identification cards for inspection.
Without verifying their identity, the operator shall not accept or
purchase the waste. In management of personal data of natural persons,
the operator shall proceed pursuant to the special law.[^31]^6^)

\(4\) The Ministry shall stipulate in a decree the list of wastes with
respect to which a licensed person shall be obliged, upon their
acceptance or purchase, to keep records of the persons from whom the
waste was accepted or purchased.

##### Chapter 3

##### Waste Recovery

#### Section 19

## Duties in Waste Recovery

\(1\) The operator of a facility for waste recovery shall be obliged to

a\) appoint a waste manager under the conditions stipulated by this Act
pursuant to Section 15,

b\) publish a list of wastes for the recovery of whish (s)he is
licensed,

c\) operate the facility for waste recovery in accordance with its
approved rules of operation,

d\) safeguard waste against undesirable devaluation, theft or escape,

e\) keep continuous records of waste and the manner of its management,
report waste and send to the competent authority other data within the
scope stipulated by this Act and an implementing regulation, including
keeping records of and reporting PCBs and equipment containing PCBs
subject to inventory as defined in Section 26. These records must be
filed for a period stipulated by this Act or an implementing regulation,

f\) allow the control bodies to enter buildings, premises and facilities
and, on request, submit documents and provide truthful and complete
information related to waste management,

g\) verify the hazardous properties of waste pursuant to Section 6 (4)
and manage waste according to its actual properties,

h\) notify the competent municipal authority of a municipality with
extended competence, without undue delay, of the unfavorable effects of
waste management on human health or the environment that are contrary to
those expected or described in the rules or operation of the facility or
that exceed the set limit values.

\(2\) The operator of a facility pursuant to Section 14 (2) shall be
subject to the duties set forth in paragraph 1 (e) and (f).

\(3\) The Ministry shall stipulate in an implementing regulation the
technical requirements and conditions for the recovery of waste on the
land surface (e.g. for terrain modifications, reclaiming).

##### Chapter 4

##### Waste Disposal

#### Section 20

## Joint provisions

The operator of a facility for waste disposal shall be obliged to

a\) appoint a waste manager under the conditions stipulated by this Act
pursuant to Section 15,

b\) publish a list of wastes for the disposal of whish (s)he is
licensed,

c\) operate the facility for waste disposal in accordance with its
approved rules of operation,

d\) safeguard waste against undesirable devaluation, theft or escape,

e\) keep continuous records of waste and the manner of its management,
report waste and send to the competent authority other data within the
scope stipulated by this Act and an implementing regulation, including
keeping records of and reporting PCBs and equipment containing PCBs
subject to inventory as defined in Section 26. These records must be
filed for a period stipulated by this Act or an implementing regulation,

f\) dispose of waste in extraordinary cases on the basis of a decision
of the municipal authority of a municipality with extended competence if
this is necessary from the viewpoint of protection of the environment
and if this is technically feasible for the operator; any expenses
incurred through this decision shall be paid by the municipal authority
of the municipality with extended competence that issued the decision;
the person responsible for the waste shall be obliged to reimburse the
costs thus expended to the municipal authority of the municipality with
extended competence,

g\) allow the control bodies to enter buildings, premises and facilities
and, on request, submit documents and provide truthful and complete
information related to waste management,

h\) verify hazardous properties of waste pursuant to Section 6 (4) and
manage waste according to its actual properties,

i\) notify the competent municipal authority of a municipality with
extended competence, without undue delay, of the unfavorable effects of
waste management on human health or the environment that are contrary to
those expected or described in the rules or operation of the facility or
that exceed the set limit values.

#### Section 21

## Special Provisions on Landfilling of Waste

\(1\) A landfill operator shall also be obliged to:

a\) demonstrate, prior to commencement of operation of the landfill,
that (s)he has no outstanding debts towards the locally competent
financial authority and that (s)he has established a special account
pursuant to Section 50 and, in operation of the landfill, create and
maintain a financial reserve for reclamation, maintenance of the
landfill and decontamination after cessation of its operation, within
the scope stipulated by this Act and implementing regulations,

b\) after cessation of operation of the landfill, provide for its
decontamination, reclaiming and subsequent care and prevent the
detrimental impact of the landfill on the environment; (s)he shall
provide for these activities from his (her) own means and the means of
the financial reserve for a period of at least 30 years,

c\) collect fees for waste landfilling, transfer the fees to the
recipient of the fee and inform the recipient of any outstanding fees,

d\) file the records of deposited waste over the entire period of
operation of the landfill and the subsequent maintenance of the landfill
pursuant to subparagraph b) above.

\(2\) The location and technical design of the landfill must ensure
protection of the environment over the entire period of operation of the
landfill and also after cessation thereof and conditions for reclaiming
of the landfill and subsequent utilization of the landfill area in
accord with the approved land-use planning documents.[^32]^7^)

\(3\) Waste may be deposited only in landfills whose technical design
complies with the requirements for landfilling such waste. The decisive
factor in landfilling wastes shall be their chemical composition, their
mixability, hazardous properties and the content of harmful substances
in an aqueous extract.

\(4\) It shall be prohibited to landfill waste stipulated in an
implementing regulation, waste that could have a detrimental impact on
the environment when mixed, and untreated waste, except for waste
stipulated in an implementing regulation, and also waste, the treatment
of which cannot ensure reduction of its volume or reduction or
elimination of its hazardous properties.

\(5\) The Ministry shall stipulate in a decree

a\) a list of wastes that may not be deposited in landfills or that may
be landfilled only under certain conditions,

b\) the technical requirements for landfills and the conditions for
their operation,

c\) the manner of evaluation of wastes according to their extractability
and mixability.

## 

## Special Provisions on Waste Incineration

#### Section 22

\(1\) Waste may be incinerated only if the conditions stipulated by
legal regulations on air protection[^33]^8^) and on energy
management[^34]^9^) are met.

\(2\) The Ministry shall stipulate in a decree the technical
requirements for management of wastes generated in incineration of
hazardous waste in incinerators.

#### Section 23

\(1\) Incineration of waste shall be considered to constitute energy
recovery of waste only if

a\) the utilized waste does not require for its incineration, after
ignition, any auxiliary fuels and the generated heat is utilized for own
needs or for the needs of third persons, or

b\) the waste is used as a fuel or as an additive fuel in facilities for
production of energy or materials under the conditions stipulated by the
legal regulations on air protection.

\(2\) Waste incinerators that do not meet the conditions of incineration
set forth in paragraph 1 above are waste disposal facilities.

##### Chapter 5

##### Shipment of Waste

#### Section 24

## Duties in Waste Shipment

\(1\) Legal persons and natural persons authorized to operate a business
involved in waste shipment shall be obliged to

a\) provide for shipment of waste in accordance with the requirements
stipulated in the special legal regulations,[^35]^0^)

b\) at request of control bodies, submit documentation and provide
truthful and comprehensive information related to the shipment of waste,

c\) in the shipment of hazardous waste, keep records and report the
shipped hazardous waste within the scope stipulated by this Act and an
implementing regulation.

\(2\) A carrier who is not simultaneously a person licensed to accept
waste pursuant to Section 12 (3) may not accept waste to his/her
ownership.

# PART FOUR

# DUTIES IN MANAGEMENT OF SELECTED PRODUCTS, SELECTED WASTES AND SELECTED FACILITIES

### TITLE I

### JOINT PROVISIONS

#### Section 25

\(1\) For the purposes of this Act, selected products, selected wastes
and selected equipment mean

a\) PCBs defined in Section 26 and equipment containing PCBs,

b\) waste oils,

c\) batteries and accumulators,

d\) sludge from waste water treatment plants,

e\) waste from the production of titanium dioxide,

f\) waste asbestos,

g\) end-of life vehicles,

h\) electrical and electronic equipment.

\(2\) The duties of generators and licensed persons shall apply to
generators of selected waste and the licensed persons who manage
selected waste, unless hereinafter stipulated otherwise.

\(3\) Legal persons and natural persons authorized to operate a
business, who manage selected products or waste or operate selected
facilities, shall be obliged to provide the administrative authorities
performing competence in the waste management sector pursuant to Part
Eleven, at their request, with comprehensive and truthful information
concerning management of selected products and selected wastes and
information concerning operation of selected facilities.

### TITLE II

### SPECIAL PROVISIONS ON SELECTED PRODUCTS, SELECTED WASTE AND SELECTED FACILITIES

##### Chapter 1

##### PCBs

#### Section 26

For the purposes of this Part of the Act

a)  PCBs means polychlorinated biphenyls, polychlorinated terphenyls,
    monomethyl-tetrachlorodiphenyl methane, monomethyl-dichloro-diphenyl
    methane, monomethyl-dibromo-diphenyl methane and any mixture
    containing any of the above substances with a concentration
    exceeding 50 mg/kg,

b)  equipment containing PCBs means any equipment containing PCBs or
    having contained PCBs which has not been decontaminated,

c\) equipment containing PCBs subject to inventory means equipment
containing PCBs (subparagraph b) above) with an overall content of PCBs
exceeding 5 liters,

d\) equipment that may contain PCBs and is subject to inventory means
oil transformers, capacitors with fluid dielectric, resistors, induction
coils and other electrotechnical equipment filled with electrical
insulation fluid,, hydraulic mining equipment, vacuum pumps, industrial
equipment using heat-conducting fluids (duplicators, road gravel
pre-coating facilities, etc.) or parts of such equipment containing more
than 5 liters of fluids,

e\) equipment without PCBs means equipment pursuant to subparagraph b)
above that has been successfully decontaminated and equipment pursuant
to subparagraph d) above, for which absence of PCBs has been
demonstrated pursuant to Section 27 (8) (c),

f\) decontamination means all operations which enable equipment, objects
and materials containing PCBs to be reused, recycled or disposed of in a
manner stipulated in an implementing regulation, after the absence of
PCBs is demonstrated. Decontamination may also include replacement of
PCBs by suitable fluids not containing PCBs,

g\) disposal of PCBs means the manners of disposal of wastes designated
D 8, D 9, D 10, D 12 and D 15 of Annex No. 4 to this Act.

#### Section 27

## Duties in Management of PCBs, PCB Wastes and Equipment Containing PCBs

\(1\) The owners of PCB waste shall be obliged to dispose of this waste
and the owners or operators of equipment containing PCBs subject to
inventory and equipment that may contain PCBs and is subject to
inventory shall be obliged to decontaminate this equipment or dispose of
it in accordance with this Act as soon as possible, but not later than
by the end of 2010, unless they demonstrate that the equipment does not
contain PCBs. The owners or operators of transformers whose operational
fluid contains 50 to 500 mg/kg of PCBs may decontaminate these
transformers or dispose of them at the end of their lifetime.

\(2\) Separation of PCBs from other substances for the purpose of
reusing the PCBs shall be prohibited.

\(3\) Disposal of PCBs shall be permissible only in facilities designed
therefor.

\(4\) The operators of equipment containing PCBs subject to inventory
shall be obliged to designate such equipment, including the premises
where this equipment is located, in a manner stipulated in an
implementing regulation. The operators of decontaminated equipment shall
be obliged to designate such equipment in a manner stipulated in an
implementing regulation.

\(5\) The operators of equipment containing PCBs subject to inventory
may not supplement PCBs to this equipment. Until it is taken out of
service, they may only maintain such equipment so that the PCBs they
contain comply with technical standards, that the equipment is in good
working order and that their filling does not leak.

\(6\) Equipment containing PCBs that is not subject to inventory and
that is part of some other equipment that is taken out of service must
be, if feasible, removed from such equipment and disposed of in
accordance with the Act and an implementing regulation.

\(7\) If the operators or owners of equipment that may contain PCBs
(Section 26 (d)) demonstrate in the set manner to the Ministry that
their equipment does not contain PCBs, they need not fulfill the duties
set forth in paragraphs 1, 4 and 5 above. The manner of demonstrating
this fact shall be stipulated in an implementing regulation.

\(8\) The Ministry, in agreement with the Ministry of Health, shall
stipulate in a decree

a\) the conditions for decontamination, technical requirements for
management of PCBs and technical requirements for equipment containing
PCBs including measures for the protection of human health and the
environment,

b\) the decisive methods for determining the overall concentration of
PCBs in substances containing PCBs,

c\) the details of the manner of demonstrating the absence of PCBs, and

d\) the manner of designation of equipment containing PCBs subject to
inventory and the manner of designation of decontaminated equipment.

##### Chapter 2

##### Waste oils

#### Section 28

For the purposes of this Part of the Act

a\) waste oils means any mineral-based or synthetic lubrication or
industrial oils which have become unfit for the use for which they were
originally intended, and in particular used combustion engine oils and
gearbox oils, and also mineral or synthetic lubricating oils, oils for
turbines and hydraulic oils,

b\) processing of waste oils means operations designed to permit the
re-use of waste oils, i.e. their regeneration or combustion,

c\) regeneration of waste oils means any process whereby base oils can
be produced by refining waste oils, in particular by removing the
contaminants, oxidation products and additives contained in such oils,

d\) combustion of waste oils means only their energy recovery as fuel
pursuant to the special regulation.

#### Section 29

## Duties in Management of Waste Oils

\(1\) A generator of waste oils and a licensed person who manages waste
oils shall be obliged to

a\) provide for the priority of regeneration of waste oils,

b\) provide for combustion of waste oils in accordance with the
requirements of Sections 22 and 23 if regeneration is not possible,

c\) provide for storage or disposal of waste oils in accordance with the
requirements of this Act and other legal regulations if regeneration or
combustion is not possible for technical reasons,

d\) ensure that, during management of waste oils, these oils are not
mixed with other waste oils or with substances containing PCBs or with
other hazardous wastes.

\(2\) In order to fulfill the duties set forth in paragraph 1 (a) to (c)
above, the generator or licensed person may utilize the take-back system
pursuant to Part Five.

\(3\) The Ministry shall stipulate in a decree the technical
requirements for management of waste oils.

##### Chapter 3

##### Batteries and Accumulators

#### Section 30

For the purposes of this Part of the Act

a\) batteries or accumulators means sources of electrical energy
generated by direct conversion of chemical energy and consisting of one
or more batteries or cells,

b\) spent batteries or accumulators means batteries or accumulators
which are not re-usable and are intended for recovery or disposal.

#### Section 31

## Duties in Management of Batteries and Accumulators

\(1\) Legal persons and natural persons authorized to operate a business
who manage alkaline manganese batteries containing more than 0.025 % of
mercury by weight or batteries or accumulators containing

a\) more than 0.0005 % of mercury by weight, except for alkaline
manganese batteries, or

b\) more than 25 mg of mercury per cell, except for alkaline manganese
batteries, or

c\) more than 0.025 % of cadmium by weight, or

d\) more than 0.4 % of lead by weight,

shall be obliged to provide for their separate accumulation,
concentration, recovery and disposal.

\(2\) The manufacturers and importers shall be obliged to label
batteries, accumulators and appliances into which batteries and
accumulators are incorporated with information concerning the
possibility of taking back thereof and concerning the content of heavy
metals.

\(3\) The manufacturers and importers of appliances into which batteries
and accumulators are incorporated or appliances requiring incorporation
thereof shall be obliged to ensure that the batteries or accumulators
can be readily removed, when spent, by the consumer. If the appliance
does not permit ready removal of batteries or accumulators, an
instruction for the consumer concerning their safe removal must be
attached to the appliance.

\(4\) The manufacturers and importers of batteries or accumulators or
appliances containing batteries or accumulators shall be obliged to
inform the consumer of the dangers connected with illegal disposal of
spent batteries and accumulators.

\(5\) It shall be prohibited to manufacture and import batteries and
accumulators containing more than 0.0005 % of mercury by weight,
including those cases where these batteries and accumulators are
incorporated into appliances.

\(6\) The prohibition set forth in paragraph 5 above shall not apply to
button cells and batteries composed of button cells with a mercury
content of no more than 2 % by weight.

\(7\) The importers shall be obliged to demonstrate the facts set forth
in paragraphs 5 and 6 above to the customs authority by submitting a
document pursuant to paragraph 8 hereof.

\(8\) The Ministry shall stipulate in a decree the technical
requirements for the management of batteries and accumulators and the
form and contents of the document demonstrating compliance with the
conditions and criteria set forth in paragraphs 5 and 6 above.

##### Chapter 4

##### Sludge from Waste Water Treatment Plants

#### Section 32

For the purposes of this Part of the Act:

a\) sludge means

> 1\. sludge from waste water treatment plants treating urban waste
> waters or domestic waste waters and from other waste water treatment
> plants treating waste waters of the same composition as urban waste
> waters and domestic waste waters,
>
> 2\. sludge from septic tanks and other similar installations,
>
> 3\. sludge from waste water treatment plants other than those set
> forth above,

b\) treated sludge means sludge which has undergone biological, chemical
or heat treatment, long-term storage or any other appropriate process so
as to significantly reduce its pathogen organisms content and the health
hazards resulting from its use,

c\) use of sludge means land treatment with sludge,

d\) sludge use program means the documentation drawn up within the scope
stipulated by an implementing regulation.

#### Section 33

## Duties in the Use of Sludge

\(1\) A legal entity and a natural person using soil shall be obliged to
use only treated sludge taking into account the nutritional requirements
of plants, under the conditions stipulated in this Act and an
implementing regulation and in accordance with the sludge use program
stipulated by the producer of sludge so that the quality of soil and the
quality of surface waters and groundwater is not impaired.

\(2\) The producer of sludge shall be obliged to stipulate a sludge use
program and, within this program, to demonstrate compliance with the
conditions for use of sludge stipulated by this Act and an implementing
regulation. The producer of sludge shall be obliged to submit the sludge
use program to the person set forth in paragraph 1 above.

\(3\) The use of sludge shall be prohibited

a\) on agricultural land which is part of protected areas of nature and
the landscape pursuant to the special legal regulation,[^36]^1^)

b\) on forest land normally used for classical forest-growing
activities,

c\) within the protection zone of water sources, on wet soil and in
areas exposed to flooding,

d\) on permanent grasslands and on grass grown on arable land during the
vegetation season until after the last mowing,

e\) in intensive fruit-producing orchards,

f\) on properties used for growing field vegetables during the year when
vegetables are grown and during the preceding year,

g\) during the vegetation of fodder crops, corn and sugar beet if the
leaves are used as feedstuffs,

h\) if soil analyses indicate that the risk substance content in an
average sample exceeds one of the values stipulated in an implementing
regulation,

i\) on soils having the exchange soil reaction value below pH 5.6,

j\) on surfaces used for recreation and sports and in publicly
accessible areas, or

k\) if the sludge does not meet the microbiological criteria stipulated
by an implementing regulation. Microbiologically contaminated sludge may
only be used after the sludge has been demonstrably hygienically
modified.

\(4\) The Ministry, in cooperation with the Ministry of Agriculture and
the Ministry of Health, shall stipulate in a decree

a\) the technical conditions for use of treated sludge on agricultural
soil,

b\) the limit values for concentration of selected risk substances in
soil,

c\) the limit values for concentration of heavy metals that may be added
to agricultural soil over a period of 10 years,

d\) the limit values for concentration of selected risk substances in
sludge to be applied on agricultural soil,

e\) the microbiological criteria for use of sludge,

f\) the procedures for analysis of sludge and soil including the
sampling methods,

g\) the contents of the sludge use program.

##### Chapter 5

##### Wastes from Production of Titanium Dioxide

#### Section 34

## Duties in Management of Waste from Production of Titanium Dioxide

\(1\) The generator of waste from the production of titanium dioxide who
draws up a waste management plan shall be obliged to include in this
plan the manner of reducing emissions of harmful substances into the
air,^8^) the manner of reducing pollution of discharged waste waters
including the manner of an effective waste water treatment, and the
manner of monitoring of environmental components.

\(2\) The competent public administrative body shall not grant the
consent to manage hazardous waste from the production of titanium
dioxide if environmental impact assessment[^37]^a^) demonstrates direct
or anticipates future harmful impact of the production on the
environment. If the production of titanium dioxide increases by more
than 15 thousand tons per year, the generator of waste from such
production shall be obliged to draw up a new waste management plan and
apply to the competent authority for new consent to manage waste from
the production of titanium dioxide or for new consent to operate a
facility for the recovery or disposal of waste from the production of
titanium dioxide, as appropriate.

\(3\) A manufacturer of titanium dioxide shall be obliged to monitor the
set indicators for the discharged waste water and indicators for
emissions of pollutants into the air in the manner and within the scope
stipulated by the special legal regulation and the waste management
plan, and to report this information to the competent regional authority
with the frequency stipulated in an implementing regulation.

\(4\) The Ministry shall stipulate in a decree the requirements for
management of waste from the production of titanium dioxide and the
requirements for monitoring of the environmental components.

##### Chapter 6

##### Waste Asbestos

#### Section 35

## Obligations in Management of Waste Asbestos

\(1\) The generator of waste containing asbestos and a licensed person
who manages waste containing asbestos shall be obliged to ensure that
asbestos fibres or asbestos dust is not released into the air in
management of such waste and that liquids containing asbestos fibres are
not spilled.

\(2\) Waste containing asbestos fibres or asbestos dust may be deposited
only in landfills designed for this purpose. The waste must be treated,
packed or, after depositing in the landfill, immediately covered. The
operator of the landfill shall be obliged to ensure that asbestos
particles cannot be released into the air.

\(3\) The Ministry shall stipulate in an implementing regulation the
requirements for landfilling asbestos waste.

##### Chapter 7

##### End-of Life Vehicles

#### Section 36

For the purposes of this Act

a\) end-of life vehicle means a motor vehicle, or part thereof, that was
used for operation on roadways for transport of persons, animals or
things (hereinafter a "vehicle") and has become waste pursuant to
Section 3,

b\) selected end-of life vehicle means each motor vehicle, or part
thereof, designated in a special regulation[^38]^1a^) as category M1 or
N1 or three wheel motor vehicle31b), excluding motor tricycles[^39]^1b^)
(hereinafter a "selected vehicle") that has become waste pursuant to
Section 3;

c\) producer means the final vehicle manufacturer who introduced the
vehicle to the market in the Czech Republic or his legal successor;

d\) individual importer means an importer of a vehicle who is not a
registered importer,

e\) reuse means the use of components of end-of life vehicles, without
modification, for the same purpose for which they were originally
conceived,

f\) treatment means operations carried out after the end-of life vehicle
has been handed over for depollution, dismantling, shearing, shredding,
preparation for disposal or recovery of the shredder wastes, and all
other operations carried out for the recovery or disposal of the end-of
life vehicle and its components;

g\) person treating end-of life vehicles means a legal or natural person
authorized to operate a business who carries out one or more operations
pursuant to subparagraph g) above on the basis of authorization pursuant
to Section 14 (1).

#### Section 37

## Obligations in Management of End-of Life Vehicles

\(1\) Every person who discards an end-of life vehicle shall be obliged
to hand over the end-of life vehicle exclusively to persons who are
operators of a facility for collection, purchase, treatment, recovery or
disposal of end-of life vehicles.

\(2\) Prior to handing over of a vehicle pursuant to paragraph 1 above,
the owner of the vehicle shall be obliged to place the vehicle on a site
where it will not damage or endanger the environment or interfere with
the esthetic appearance of the municipality or nature or the
landscape.[^40]^1c^)

\(3\) A vehicle that is placed at variance with paragraph 2 above
(hereinafter an "abandoned vehicle") shall be transported by the
municipal authority, after expiry of 2 months from the date when it
learnt of this fact, to a selected parking lot at the expense of its
owner. The municipal authority shall publish information on location of
an abandoned vehicle on its official board. The municipal authority
shall notify the owner of the vehicle, if the owner can be identified,
of the location of the vehicle.

\(4\) If the owner fails to remove the vehicle from the selected parking
lot within a deadline of 2 months from notifying the owner and, if
identification of the owner is not possible, from publishing information
pursuant to paragraph 3 above, it shall hold that the vehicle is an
end-of life vehicle. The municipal authority shall manage the end-of
life vehicle pursuant to paragraph 1 above.

\(5\) The last owner of the abandoned vehicle, as specified in the
register of motor vehicles, shall be obliged to reimburse the
municipality for any and all costs connected with the procedure pursuant
to paragraphs 3 and 4 above.

\(6\) A procedure pursuant to a special regulation[^41]^1d^) shall apply
in cases where an abandoned vehicle is located on a roadway.

\(7\) Persons entitled to collect, purchase, treat, recover and dispose
of end-of life vehicles shall be obliged to

a\) introduce a collection system for selected end-of life vehicles and
their components with an appropriate density of collection sites,

b\) manage selected end-of life vehicles and their components in order
to ensure that

> 1\. no later than January 1, 2006, selected end-of life vehicles are
> reused and recovered in a rate of at least 85 % of the average weight
> of all end-of life vehicles accepted during a calendar year, and
> reused and subjected to material recovery in a rate of at least 80 %
> of the average weight of all end-of life vehicles accepted during a
> calendar year, except for selected vehicles manufactured before
> January 1, 1980, where the rate of reuse and recovery has been set at
> 75 % and the rate of reuse and material recovery at 70 %,
>
> 2\. no later than January 1, 2015, selected end-of life vehicles are
> reused and recovered in a rate of at least 95 % of the average weight
> of all end-of life vehicles accepted during a calendar year, and
> reused and subjected to material recovery in a rate of at least 85 %
> of the average weight of all end-of life vehicles accepted during a
> calendar year,

c\) conclude a written contract with registered importers and
manufacturers of selected vehicles for the purpose of fulfillment of the
duties set forth in subparagraphs a) and b) above.

\(8\) The obligations pursuant to paragraph 7 (b) above do not apply to
three wheel motor vehicles and special-purpose vehicles.^31b^)

\(9\) The Ministry shall stipulate in an implementing regulation the
technical requirements for management of end-of life vehicles.

#### Section 37a

## Obligations of Producers and Importers in Recovery of Waste from Selected End-of Life Vehicles

\(1\) Registered importers[^42]^1e^), or their legal successors, as
appropriate (hereinafter "registered importers") and producers shall be
obliged to

a\) provide persons treating end-of life vehicles with all information
that is required for substantively correct and environmentally sound
treatment of a selected end-of life vehicle in the form of manuals or on
technical data carriers within six months of introducing the relevant
vehicle to the market;

b\) provide, at their own expense, for collection, treatment, recovery
and disposal of selected end-of life vehicles with effect as of the date
of legal force of this Act for new selected vehicles introduced to the
market in the Czech Republic after July 1, 2002, inclusive, and, as of
January 1, 2007, for new selected vehicles introduced to the market in
the Czech Republic prior to July 1, 2002,

c\) provide for fulfillment of the requirements stipulated in Section 37
(7) (b).

\(2\) Each producer and registered importer shall be obliged to accept
selected vehicles of his own make that were introduced to the market in
the Czech Republic for the first time after July 1, 2002, inclusive,
and, as of January 1, 2007, also selected vehicles introduced to the
market in the Czech Republic prior to July 1, 2002, provided that such
vehicles are handed over to a collection site stipulated by the producer
or registered importer.

\(3\) The obligations pursuant to paragraph 1 (b) do not apply to
special-purpose vehicles.31b)

\(4\) The manufacturer and certified importer shall be obliged

a\) to comply with obligations laid down in paragraph 1 (b), to conclude
a written agreement with persons authorized for collection, purchase,
treatment and, as appropriate, also recovery and disposal of selected
end-of life vehicles, if he is not himself such person,

b\) to prepare an annual report on meeting the targets laid down in
Section 37 (7) (b) for the previous calendar year in the extent laid
down by the implementing regulation and to send this report to the
Ministry by March 31.

#### Section 37b

## Obligations of Operators of Collection Facilities for End-of Life Vehicles

\(1\) Operators of collection facilities for end-of life vehicles shall
be obliged to

a\) fulfill the obligations pursuant to Section 14 (1) and Section 18,

b\) accept all end-of life vehicles or parts thereof in accordance with
the operational rules and accept all used components removed during
repairs of vehicles,

c\) accept, without consideration, selected end-of life vehicles that
were introduced to the market after July 1, 2002, provided that they
contain the necessary components of a vehicle, particularly the driving
generators and gear-boxes, body, catalyst according to the
homologization, and bumpers, and unless they contain components that
were not approved by the producer and waste whose origin is other than
the selected vehicle; for selected end-of life vehicles introduced to
the market before July 1, 2002, this obligation shall apply as of
January 1, 2007,

d\) upon acceptance of an end-of life vehicle, issue a certificate of
acceptance, whose requisites are stipulated in an implementing
regulation,

e\) provide for delivery of the end-of life vehicle for treatment
exclusively to persons treating end-of life vehicles, unless the
operator is himself such a person,

f\) store end-of life vehicles in accordance with the conditions
stipulated in an implementing regulation,

g\) keep records of accepted end-of life vehicles and end-of life
vehicles dispatched for treatment and send the information to the
competent authority within the scope and in the manner stipulated in an
implementing regulation.

\(2\) The Ministry shall stipulate in an implementing regulation the
requisites for a certificate of acceptance of an end-of life vehicle to
a collection facility for end-of life vehicles, the conditions for
storage of end-of life vehicles, and the scope and manner of keeping
records of accepted end-of life vehicles.

#### Section 37c

## Obligations of Persons Treating End-of Life Vehicles

\(1\) Persons treating end-of life vehicles shall be obliged to

a\) fulfill the obligations pursuant to Section 14 (1) and Section 19,

b\) prior to commencement of treatment operations related to an end-of
life vehicle, provide for removing and separate collection of
operational fluids,

c\) dismantle components of end-of life vehicles stipulated by an
implementing regulation prior to further treatment to ensure limitation
of unfavorable environmental impact,

d\) destroy the identification number of the selected end-of life
vehicle (VIN) in a manner excluding any repeated use thereof,

e\) d) remove and separate from end-of life vehicles components and
materials containing lead, mercury, cadmium and hexavalent chromium
stipulated in an implementing regulation, and recover or dispose of
these parts and materials separately,

f\) store and dismantle end-of life vehicles so that the individual
components can be reused or subjected to material recovery,

g\) reuse or recover materials and components of end-of life vehicles to
a maximum possible extent, or dispose of these materials and components,
if appropriate, or hand them over to some other person to this end,

h\) keep records of accepted end-of life vehicles and on the manners of
their treatment and send the information to the competent authority
within the scope and in the manner stipulated in an implementing
regulation,

i\) manage materials and components of selected end-of life vehicles in
accordance with Section 37 (7) (b).

\(2\) A person treating end-of life vehicles may offer components of
end-of life vehicles to the producer, importer or some other qualified
interested person, as appropriate, for reuse. A qualified interested
person shall be a legal or natural person authorized to operate a
business in the sector of repairs and service of motor vehicles pursuant
to the special regulation.^12^)

#### Section 37d

## repealed

#### Section 37e

## Fees to Support Collection, Treatment, Recovery and Disposal of Selected End-of Life Vehicles

\(1\) Registered importers and individual importers shall be obliged to
pay a fee of 5,000 CZK for the import of selected vehicles to promote
the collection, treatment, recovery and disposal of selected end-of life
vehicles. If a registered importer or individual importer demonstrates
that the imported used selected vehicle complies with the technical
conditions for the emission limits in exhaust gases that are in
accordance with the valid regulations of the European
Communities[^43]^1g^) required for the manufacture of the same category
of vehicle, he shall be exempt from payment of this fee. The level of
compliance with emission limits shall be determined on the basis of a
technical protocol on an emission test pursuant to the ECE emission
regulations issued by an authorized testing facility.

\(2\) A fee pursuant to paragraph 1 above

a\) shall be paid, for selected second-hand vehicles that meet the
conditions for approval of roadworthiness of the vehicle pursuant to the
special legal regulation,[^44]^1h^) on the basis of the technical
protocol on compliance with the emission level according to the ECE
emission test issued by the authorized testing facility prior to
issuance of a certificate of registration[^45]^1i^) of the selected
vehicle,

b\) shall be paid, for selected second-hand vehicles that do not meet
the conditions for approval of roadworthiness of the vehicle pursuant to
the special legal regulation,^31h^) intended for
reconstruction,[^46]^1k^) prior to marking the change in the certificate
of registration of the selected vehicle,[^47]^1l^)

c\) shall be paid, for selected second-hand vehicles that do not meet
the conditions for approval of roadworthiness of the vehicle pursuant to
the special legal regulation,^31h^) even after their
reconstruction,^31k^) imported as end-of life vehicles for the purpose
of their dismantling to spare parts, prior to issuance of the consent of
the Ministry to import waste pursuant to the legislation of the European
Communities concerning supervision of shipments of waste within, into
and out of the European Community.[^48]^9^)

\(3\) The fee pursuant to paragraph 1 above shall be paid into a special
account of the State Environmental Fund of the Czech Republic[^49]^1j^)
intended for management of selected end-of life vehicles. The funds in
the special account must be used exclusively to support collection,
treatment, recovery and disposal of selected end-of life vehicles and
components thereof.

\(4\) The Ministry shall lay down details of payment of fees pursuant to
paragraph 1 above in an implementing regulation.

##### Chapter 8

##### Electrical and Electronic Equipment

#### Section 37f

\(1\) In accordance with the law of the European Communitites[^50]^1m^),
the provisions of this Chapter of the Act stipulate the duties of
producers, ultimate sellers and distributors of electrical and
electronic equipment falling under the categories set forth in Annex No.
7 to this Act, unless they are part of a different type of equipment
that is not subject to this Chapter of the Act, and the duties of the
treatment operators for such electrical and electronic equipment that
has become waste.

\(2\) The Ministry shall stipulate in an implementing regulation a list
of products that fall under the categories of electrical and electronic
equipment set forth in Annex No. 7 to this Act.

#### Section 37g

## Basic Terms

For the purposes of this Act:

a\) electrical or electronic equipment (EEE) means equipment which is
dependent on electric currents or electromagnetic fields in order to
work properly and equipment for the generation, transfer and measurement
of such currents and fields falling under the categories set out in
Annex No. 7 to this Act and designed for use with a voltage rating not
exceeding 1 000 Volt for alternating current and 1 500 Volt for direct
current, except for equipment intended exclusively for the purposes of
state defense,

b\) waste electrical and electronic equipment (WEEE) means electrical
and electronic equipment which has become waste, including all
components, subassemblies and consumables, which are part of the product
at the time of discarding,

c\) reuse means the use of returned or separately collected electrical
and electronic equipment or components of such electrical and electronic
equipment without their further reworking for the same purpose as they
were originally intended,

d\) treatment of waste electrical and electronic equipment means any
activity after waste electrical and electronic equipment has been handed
over to a facility for depollution disassembly, shredding, recovery or
preparation for disposal and any other operation carried out for the
recovery or disposal of waste electrical and electronic equipment;

e\) producer means any natural or legal person authorized to operate a
business who, irrespective of the selling technique used, including by
means of distance communication[^51]^1n^)

> 1\. manufactures and sells electrical and electronic equipment under
> his own brand, or
>
> 2\. resells under his own brand electrical and electronic equipment
> produced by other suppliers, unless the brand of the person pursuant
> to point 1 appears on the equipment, or
>
> 3\. imports electrical and electronic equipment to the Czech Republic
> or puts such electrical and electronic equipment on the market in the
> Czech Republic within his/her business activities,

f\) electrical and electronic equipment from private households means
used electrical and electronic equipment which comes from private
households or waste electrical and electronic equipment of a similar
character and amount which comes from legal persons and natural persons
authorized to operate a business,

g\) take-back of electrical and electronic equipment means the
withdrawal of used electrical and electronic equipment which comes from
private households from consumers without the right to consideration at
a point designated for this purpose by the producer,

h\) separate collection of waste electrical and electronic equipment
means the withdrawal of used electrical and electronic equipment which
does not come from private households from end users at a point
designated for this purpose by the producer.

#### Section 37h

## Basic Duties of Producers of Electrical and Electronic Equipment

\(1\) The producer shall fulfill the duties stipulated for separate
collection, taking-back, treatment, recovery and disposal of electrical
and electronic equipment and waste electrical and electronic equipment

a\) independently, at his own expense from organizational and technical
viewpoints,

b\) together with some other producer or producers on the basis of a
written agreement; the parties shall be responsible for the performance
of the duties stipulated in this Chapter of the Act jointly and
severally,

c\) by means of assignment of these duties to some other legal person
providing for joint performance of the duties of producers pursuant to
this Chapter of the Act; the responsibility of producers for performance
of the duties stipulated in this Chapter of the Act shall not expire if
the legal person fails to perform the duties.

\(2\) The producer shall be obliged to draw up annual reports on the
performance of the duties pursuant to paragraph 1 above for the previous
calendar year (hereinafter the "annual report") and send it to the
Ministry by March 31 of each year. If the producer performs the duties
set forth in paragraph 1 above together with another producer, he may
draw up a joint annual report with the other producer. In the case
specified in paragraph 1 (c), the annual report shall be drawn up by the
relevant legal person. This annual report shall not replace the annual
report pursuant to Section 38 (10).

\(3\) The Ministry shall stipulate in an implementing regulation more
detailed conditions of individual manners of performance of the duties
of producers pursuant to paragraph 1 above and the contents of the
annual report pursuant to paragraph 2 above.

#### Section 37i

## List of Producers of Electrical and Electronic Equipment

\(1\) A producer of electrical and electronic equipment who is subject
to the duties pursuant to this Chapter of the Act, shall be obliged to
submit a proposal for registration in the List of Producers of
Electrical and Electronic Equipment (hereinafter the "List") within the
scope pursuant to paragraph 3 hereof.

\(2\) The producer shall submit a proposal for registration in the List
to the Ministry in two counterparts and on a technical data carrier, at
the latest within 60 days of incurring the duty pursuant to paragraph 1
above.

\(3\) A proposal for registration in the List shall include

a\) the name and surname, or business name, address of the place of
residence, place of business, identification number, if assigned, and
officially authenticated copy of the business license, e.g. the trade
license, for a natural person; if the natural person is registered in
the Commercial Register, also an extract from the Commercial Register
which may not be older than 3 months,

b\) the business name, legal form, address of the registered office,
identification number, if assigned, and an extract from the Commercial
Register which may not be older than 3 months, for a legal person,
provided that it is registered in that register,

c\) a list and description of the electrical and electronic equipment,

d\) the manner of performance of the duties set forth in this Chapter of
the Act,

e\) the manner of providing financing pursuant to Sections 37n and 37o
and documents thereon.

\(4\) A person registered in the List shall be obliged to notify the
Ministry of any changes in the information submitted pursuant to
paragraph 3 above within 14 days of the date of effecting the change.
Within the same deadline, this person shall be obliged to notify the
Ministry of cessation of the reasons for registration thereof in the
List.

\(5\) On the basis of a notice or its own finding, the Ministry shall
make a change in the entry in the List through a decision or shall
delete a person, with respect to whom the legal reasons for registration
in the List have ceased to exist.

\(6\) The List shall be publicly accessible. The Ministry shall make the
List available on the public administration website.

\(7\) For the purposes of registration in the List, the Ministry shall
stipulate in an implementing regulation more detailed conditions of the
manner of performance of the duties and provision of financing pursuant
to paragraph 3 (d) and (e) above.

#### Section 37j

## Placement of Electrical and Electronic Equipment on the Market

\(1\) Producers of electrical and electronic equipment shall ensure that
electrical and electronic equipment is designed and produced so that its
dismantling and recovery, in particular the reuse of electrical and
electronic equipment and recycling of waste electrical and electronic
equipment, its components and materials in accordance with the
regulations for environmental protection and the regulations for the
protection of public health,[^52]^1o^) is facilitated.

\(2\) Producers of electrical and electronic equipment that is placed on
the market31p) later than August 13, 2005 shall ensure that it clearly
follows from the labeling of the electrical and electronic equipment
that it was placed on the market after this date and that it is possible
to ascertain the producer, to whom the duties pursuant to this Chapter
of the Act apply.

\(3\) The producer of electrical and electronic equipment that falls
under categories 1 to 7 or 10 pursuant to Annex No. 7 to this Act,
including electrical and electronic equipment intended exclusively for
the purposes of state defense, and the producer of electrical light
bulbs or lighting equipment intended for use in private households shall
ensure that electrical and electronic equipment, which is placed on the
market after June 30, 2006, does not contain lead, mercury, cadmium,
hexavalent chromium, polybrominated biphenyls (PBB) and polybrominated
diphenyl ethers (PBDE), unless this includes

> a\) use of substances pursuant to the list set forth in an
> implementing regulation, or
>
> b\) spare parts intended for repair or reuse of electrical and
> electronic equipment placed on the market prior to July 1, 2006.

\(4\) Any person who, in the framework of his/her business activities,
sells electrical and electronic equipment that does not originate from
producers registered in the List pursuant to Section 37i shall bear the
responsibility of a producer for performance of his/her duties set forth
in this Chapter of the Act.

\(5\) The Ministry shall stipulate in an implementing regulation the
manner of labeling electrical and electronic equipment pursuant to
paragraph 2 above and the list of substances that are not subject to the
provision of Section 37j (3) under the conditions stipulated in a
decree.

#### Section 37k

## Taking-Back of Electrical and Electronic Equipment and Separate Collection of Waste Electrical and Electronic Equipment

\(1\) Producers of electrical and electronic equipment shall provide for
taking-back of electrical and electronic equipment that comes from
private households. For waste electrical and electronic equipment that
does not come from private households, the producer of electrical and
electronic equipment shall provide for separate collection thereof.

\(2\) Producers of electrical and electronic equipment shall label
electrical and electronic equipment with a graphic symbol for the
purposes of taking-back electrical and electronic equipment and separate
collection of waste electrical and electronic equipment. Where it is not
possible to label electrical and electronic equipment in the above
manner due to its size or function, the graphic symbol shall be placed
on the packaging or the instructions for use or the warranty certificate
of electrical and electronic equipment.

\(3\) Through the distributors[^53]^1p^), producers shall ensure that
the end users are informed of the manner of separate collection. Upon
sale of electrical and electronic equipment, the distributor shall
inform the end users of the manner of separate collection.

\(4\) The ultimate sellers shall ensure that the consumers[^54]^1r^) are
able, upon their purchase of electrical and electronic equipment, to
return used electrical and electronic equipment at the point of sale or
supply of new electrical and electronic equipment, on a one-to-one basis
as long as the equipment is of a similar type and has fulfilled similar
functions as the supplied equipment.

\(5\) Waste electrical and electronic equipment or electrical and
electronic equipment that comes from private households may be discarded
by its holder only by means of its submission to a treatment operator
pursuant to Section 371 or to a take-back point or point of separate
collection. Electrical and electronic equipment from take-back points
and waste electrical and electronic equipment from the points of
separate collection must be submitted only to a treatment operator
pursuant to Section 37l, unless the electrical and electronic equipment
is reused as a whole.

\(6\) The manner of taking-back electrical and electronic equipment and
of separate collection of waste electrical and electronic equipment and
its submission to the treatment operator may not hinder the reuse or
recycling of the electrical and electronic equipment or its components
or recycling recovery of the waste electrical and electronic equipment.

\(7\) The Ministry shall stipulate in an implementing regulation the
graphic symbol for labeling electrical and electronic equipment for the
purposes of taking-back of electrical and electronic equipment and
separate collection of waste electrical and electronic equipment.

#### Section 37l

## Treatment of Waste Electrical and Electronic Equipment

\(1\) Producers of electrical and electronic equipment shall set up a
system for treatment of waste electrical and electronic equipment with
the use of the best available techniques[^55]^1s^) of its treatment,
recovery and recycling.

\(2\) Producers of electrical and electronic equipment shall provide
operators carrying out treatment of waste electrical and electronic
equipment with all information that is required for its treatment,
particularly information on dangerous substances contained in the
equipment, the possibilities of reuse of electrical and electronic
equipment and recycling of waste electrical and electronic equipment, or
the manner of disposal thereof. Producers of electrical and electronic
equipment shall provide this information for each type of new electrical
and electronic equipment within one year of the date when the product is
placed on the market. Producers shall provide information within
instructions for use or on a technical data carrier or by means of
distance communication.

\(3\) Operators carrying out treatment of waste electrical and
electronic equipment shall be obliged to

a\) operate the facility for treatment of waste electrical and
electronic equipment in accordance with its operational rules and
perform other duties of an authorized person,

b\) preferentially remove from waste electrical all substances and parts
stipulated in an implementing regulation,

c\) store and treat waste electrical and electronic equipment in
accordance with the technical requirements stipulated in an implementing
regulation,

d\) provide for recovery of waste electrical and electronic equipment in
accordance with Section 37m,

e\) keep, within the scope stipulated in an implementing regulation,
records of accepted waste electrical and electronic equipment and the
manner of treatment thereof and send to the competent authority
information on the equipment.

\(4\) The decision on granting the consent to operation of a facility
for treatment of waste electrical and electronic equipment and its
operational rules (Section 14 (1)) must include the conditions required
for compliance with the requirements pursuant to paragraph 3 (b) and (c)
above and Section 37m.

\(5\) Waste electrical and electronic equipment may be transported
across the border for treatment in accordance with the regulations of
the European Communities providing for supervision of the transport of
waste in the framework of the European Communities^39^) and in
accordance with Part Nine hereof. Treatment of waste electrical and
electronic equipment in a country that is not a Member State of the
European Union may be taken into account for the purposes of compliance
with the requirements stipulated in Section 37m provided that the
producer demonstrates that recovery, reuse or recycling has taken place
under conditions comparable to the conditions stipulated by this Act.

\(6\) This provision shall in no way prejudice the duties of the
treatment operator stipulated by the special regulation[^56]^1t^) for
handling of controlled substances.

\(7\) The Ministry shall stipulate in an implementing regulation the
technical requirements for preferential removal of substances and parts
from waste electrical and electronic equipment, storage and treatment of
waste electrical and electronic equipment, the scope and manner of
keeping records of accepted waste electrical and electronic equipment
and the manners of its treatment and recovery, and the manner of
notifying facilities for collection, treatment and recovery of waste
electrical and electronic equipment.

#### Section 37m

## Recovery of Waste Electrical and Electronic Equipment

\(1\) Producers of electrical and electronic equipment shall set up a
system to provide for recovery of waste electrical and electronic
equipment related to taking-back electrical and electronic equipment or
separate collection of waste electrical and electronic equipment.

\(2\) Prior to handing over to the treatment operator, the returned and
separately collected electrical and electronic equipment shall be
preferentially reused as a whole. Only electrical and electronic
equipment or its components that comply with the requirements of the
relevant regulations^31o^) may be reused.

\(3\) Producers of electrical and electronic equipment shall be obliged
to provide for recovery of waste electrical and electronic equipment
handed over to treatment operators in accordance with Section 37k (5),
at least at the following rate:

a\) for waste electrical and electronic equipment falling under
categories 1 and 10 of Annex No. 7 to this Act, at the rate of 80 % of
its average weight and, for the reuse and recycling of components,
materials and substances, at the rate of 75 % of its average weight,

b\) for waste electrical and electronic equipment falling under
categories 3 and 4 of Annex No. 7 to this Act, at the rate of 75 % of
its average weight and, for the reuse and recycling of components,
materials and substances, at the rate of 65 % of its average weight,

c\) for waste electrical and electronic equipment falling under
categories 2, 5, 6, 7 and 9 of Annex No. 7 to this Act, at the rate of
70 % of its average weight and, for the reuse and recycling of
components, materials and substances, at the rate of 50 % of their
average weight,

d\) for gas discharge lamps and fluorescent lamps, for the reuse and
recycling of components, materials and substances, at the rate of 80 %
of their average weight.

#### Section 37n

## Financing of Management of Electrical and Electronic Equipment from Private Households

\(1\) Where electrical and electronic equipment is placed on the market
later than August 13, 2005, the producer of electrical and electronic
equipment shall be obliged to finance the collection, treatment,
recovery and disposal of electrical and electronic equipment from
private households that has been taken back pursuant to Sections 37k and
38, with respect to electrical and electronic equipment of which (s)he
is the producer pursuant to this Act. The costs expended pursuant to
this paragraph shall not be stated separately within the sale of new
electrical and electronic equipment.

\(2\) Prior to placing electrical and electronic equipment pursuant to
paragraph 1 above on the market, the producer shall be obliged to
provide a guarantee showing that the management of all waste electrical
and electronic equipment will be financed. This guarantee must be
sufficient to cover financing of collection, treatment, recovery and
disposal of electrical and electronic equipment from private households
that has been handed over within a take-back system set up and operated
pursuant to Sections 37k and 38. Producers who provide for performance
of the duties pursuant to Section 37h (1) (a) shall provide the
guarantee in the form of a blocked bank account or insurance under the
terms stipulated by the special regulation. The producers shall provide
information on the balance of and withdrawals from the blocked account
or the amount of the insurance benefits for the previous year in an
annual report. The funds deposited in the blocked account may be used
only with the consent of the Ministry to provide for financing of
collection, treatment, recovery and disposal of electrical and
electronic equipment from private households; these funds may not be
subject to an order for and implementation of enforcement of a decision
or execution, and may not be included in the bankruptcy assets of the
producer. Producers who provide for the performance of the duties
pursuant to Section 37h (1) (b) or (c) shall not provide a guarantee.

\(3\) Where electrical and electronic equipment is placed on the market
by August 13, 2005, the producers shall be obliged to set up a system to
provide for collection, treatment, recovery and disposal of electrical
and electronic equipment from private households that has been taken
back pursuant to Sections 37k and 38, to which contributions shall be
provided, within an appropriate scope, particularly according to the
market share, by all persons who operate a business at the instant of
incurring the relevant costs. For a period of eight years from the date
of effect of this Act and, for electrical and electronic equipment
falling under category 1 of Annex No. 7 to this Act, for a period of ten
years from the date of effect of this Act, these persons may separately
state the costs of collection, treatment and disposal of electrical and
electronic equipment placed on the market by August 13, 2005 upon sale
of new electrical and electronic equipment. If a producer states the
costs separately in the sense of this provision, these costs shall be
stated in this manner by each seller upon sale within his/her business
activities. The stated costs may not exceed the actually incurred costs.

\(4\) The duties pursuant to paragraphs 1 and 2 above shall also be
performed by producers pursuing trade by means of distance communication
for electrical and electronic equipment supplied to a Member State of
the European Union, where the purchaser has his place of residence or
registered office.

\(5\) After consultation with the Ministry of Finance, the Ministry
shall stipulate in an implementing regulation the terms of financing,
particularly the manner of calculating the minimum amount of deposited
funds in a blocked bank account and the minimum amount of an insurance
benefit.

#### Section 37o

## Financing of Management of Waste Electrical and Electronic Equipment

\(1\) Producers of electrical and electronic equipment shall provide for
financing of separate collection, treatment, recovery and disposal of
electrical and electronic equipment as follows:

a\) where electrical and electronic equipment is placed on the market
later than August 13, 2005, they shall provide for its financing
themselves,

b\) where electrical and electronic equipment is placed on the market by
August 13, 2005 and if it is being replaced by products of an equivalent
type or products that fulfill the same functions, the financing shall be
ensured by the producer of the new product upon its supply, however, not
exceeding a one-to-one basis,

c\) where electrical and electronic equipment is placed on the market by
August 13, 2005 and is not being replaced by products of an equivalent
type or products that fulfill the same functions, the financing shall be
ensured by the end users who are not consumers.

\(2\) After consultation with the Ministry of Finance, the Ministry
shall stipulate in an implementing regulation more detailed conditions
of financing pursuant to paragraph 1 above.

# PART FIVE

# TAKING BACK OF CERTAIN PRODUCTS

#### Section 38

\(1\) The take-back duty applies to

a\) oils other than raw mineral oils and raw oils produced from
bituminous minerals, preparations not specified or included elsewhere
containing a minimum of 70 % of oils by weight if these oils represent a
significant component of such preparations,

b\) electrical accumulators,

c\) galvanic cells and batteries,

d\) discharge and fluorescent lamps,

e\) tires,

f\) electrical and electronic equipment from private households (Section
37g (f)).

\(2\) Within the limits of the applicable regulations of the European
Communities, the Government may stipulate in a regulation additional
products to those set forth in paragraph 1 above that are subject to the
take-back duty after their use.

\(3\) The duty to provide for taking back of used products, offered for
taking back, shall be borne by the legal person or natural person
authorized to operate a business who manufactures the products set forth
in paragraph 1 above or places on the market in the Czech Republic
products of a foreign manufacturer (hereinafter the "obliged person"),
without respect to the product brand and up to the quantity manufactured
or imported by that person during the relevant period set pursuant to
paragraph 10 hereof. Section 37n shall apply to taking back of
electrical and electronic equipment from private households.

\(4\) Through a legal person or natural person authorized to operate a
business who sells products set forth in paragraph 1 above to the
consumers (hereinafter the "ultimate seller"), the obliged person must
ensure that the consumers are informed of the manner of taking back
these used products. Furthermore, the manufacturer of electrical and
electronic equipment shall provide for informing the consumers of

a\) the requirement that electrical and electronic equipment not be
disposed of together with mixed municipal waste, but rather that it be
discarded by natural persons at places intended therefor or at take-back
sites,

b\) their role in contributing to reuse of electrical and electronic
equipment and recycling and other forms of recovery of waste electrical
and electronic equipment,

c\) the potential harmful effects of dangerous substances contained in
electrical and electronic equipment on the environment and human health.

\(5\) In the sale of products that are subject to the take-back duty,
the ultimate seller shall inform the consumers of the manner of ensuring
the taking back of these used products. If (s)he fails to do so, (s)he
shall be obliged to accept such used products directly on the business
premises, without the right to consideration from the consumers,
throughout the hours of operation and without binding the acceptance of
used products intended for take-back on purchase of goods.

\(6\) On the basis of a written agreement with the municipality, the
obliged person may use for fulfillment of its duty the system of
collection and separation of municipal waste established by the
municipality.

\(7\) Taking back of used products set forth in paragraph 1 above must
be carried out without the right to consideration for acceptance of
these products from the consumers and, in the case set forth in
paragraph 6 above, also from the municipality. The take-back sites must
be as accessible for the consumers as the sites of the sale of the
products that are subject to the take-back duty. The obliged person
shall be obliged to provide for the taking back in a manner
corresponding to the normal capabilities of the consumers, without their
excessive burdening. Used products may be refused if they endanger
health of persons who provide for the taking-back due to their
contamination.[^57]^1u^)

\(8\) A product that is taken back becomes waste upon its submission to
the person licensed to recover or dispose of this product.

\(9\) The obliged person must provide for recovery or disposal of used
products that have been taken back in accordance with this Act and
implementing regulations, by the end of the calendar year following
after the calendar year, during which they were accepted.

\(10\) The obliged person shall be obliged to draw up an annual report
on fulfillment of the take-back duty for the previous calendar year
within the scope stipulated in an implementing regulation and to send
this report to the Ministry by March 31.

\(11\) The Ministry shall stipulate in a decree the details of the
manner of taking back products and the contents of the annual report on
fulfillment of the take-back duty for the previous calendar year.

# PART SIX

# KEEPING RECORDS AND REPORTING OF WASTE AND FACILITIES

#### Section 39

## Keeping Records and Reporting of Waste, Waste Management Facilities, Accumulation and Collection Sites, Waste Storage Areas, PCBs, Equipment Containing PCBs and PCB Wastes

\(1\) Waste generators and licensed persons managing waste shall be
obliged to keep continuous records of waste and the manners of waste
management. The records shall be kept for each independent establishment
and for each type of waste separately. The manner of keeping records for
individual types of waste shall be stipulated in an implementing
regulation.

\(2\) The waste generators and licensed persons, if they generate or
manage more than 50 kg of hazardous waste during a calendar year or more
than 50 tons of other waste during a calendar year, shall be obliged to
send annually, by February 15 of the following year, a true and
comprehensive report on the types, quantity and manners of management of
waste and the waste generators to the municipal authority of the
municipality with extended competence competent pursuant to the place of
the establishment. Reports on generation and management of waste
generated within the activities of the Ministry of Defense shall be
submitted by the Ministry of Defense directly to the Ministry. The
manner of reporting shall be stipulated in an implementing regulation.

\(3\) The operators of facilities for disposal and recovery of waste,
the operators of facilities for collection and treatment of end-of life
vehicles, the operators of facilities for collection, treatment,
recovery and disposal of waste electrical and electronic equipment
(Section 37g) and the operators of facilities set forth in Section 14
(2), and carriers of waste, who are not a person authorized to accept
waste pursuant to Section 12 (3), shall be obliged to send information
on their facility or transport company to the municipal authority of the
municipality with extended competence competent pursuant to the location
of the facility or, for mobile facilities and carriers, pursuant to the
registered office or place of residence of the operator, within 2 months
of commencement or cessation of operation of the facility or transport
company or, for facilities that are in operation on the date of effect
of this Act, within 6 months of the date of effect of this Act. The
manner of reporting shall be stipulated in an implementing regulation.

\(4\) The operators of landfills shall be obliged to send annually, by
February 15 of the following year, information on the balance of the
created financial reserve as of December 31 of the previous year, to the
municipal authority of the municipality with extended competence
competent pursuant to the location of the landfill. This information
must be documented by a statement of the bank account of the operator of
the landfill.

\(5\) The operators of facilities for collection and treatment of end-of
life vehicles shall be obliged to keep records of and send information
on the number and state of accepted end-of life vehicles and the manners
of their treatment, and the operators of facilities for separate
collection, treatment, recovery and disposal of waste electrical and
electronic equipment shall be obliged to keep records of and send
information on the type, quantity and the manners of treatment, recovery
or disposal of waste electrical and electronic equipment within the
scope stipulated in an implementing regulation annually by February 15
of the following year to the municipal authority of the municipality
with extended competence competent pursuant to the location of the
establishment.

\(6\) Municipalities and persons licensed to collect or purchase waste
shall be obliged to send information on the accumulation sites for
hazardous waste and the waste collection sites and waste storage areas
used by them to the municipal authority of the municipality with
extended competence competent pursuant to the location of the
accumulation or collection site or the waste storage area, within 2
months of commencement or cessation of operation of the accumulation or
collection site or waste storage areas or, for accumulation or
collection sites or storage areas that are already in operation on the
date of effect of this Act, within 6 months of the date of effect of
this Act. The scope and requisites of the information shall be
stipulated in an implementing regulation.

\(7\) On the basis of reports pursuant to paragraphs 2 to 6 above, the
municipal authority of a municipality with extended competence shall
keep records of waste and the manners of its management, waste
management facilities, facilities set forth in Section 14 (2),
accumulation sites for hazardous waste, waste collection sites and waste
storage areas, accepted end-of life vehicles and the manners of their
treatment, the type, quantity and manners of treatment, recovery or
disposal of waste electrical and electronic equipment, and carriers of
waste within the scope stipulated in an implementing regulation. The
municipal authority shall send these records annually, by April 30 of
the following year, to the Ministry and the competent regional authority
through data transfer equipment or on a technical data carrier.

\(8\) Legal persons and natural persons authorized to operate a business
who operate equipment containing PCBs subject to inventory pursuant to
Section 26 (c) or operate equipment that may contain PCBs and is subject
to inventory pursuant to Section 26 (d), or own or hold PCBs defined in
Section 26 (a) shall be obliged to keep separate records of this
equipment and PCBs within the scope stipulated in an implementing
regulation and notify this fact to the Ministry by December 31, 2004,
unless they have already done so. These persons shall be obliged to
notify the Ministry of any changes in the recorded facts promptly after
the change occurs. The manner of reporting changes in the recorded facts
shall be stipulated in an implementing regulation. This duty shall not
apply to laboratory standards.

\(9\) The Ministry of Defense, in cooperation with the Ministry, shall
provide for keeping records of waste, waste management facilities,
accumulation sites for hazardous waste, waste collection sites, waste
storage areas and PCBs, PCB wastes and equipment containing PCBs subject
to inventory generated within activities of the Ministry of Defense.

\(10\) The municipal authority of a municipality with extended
competence and a regional authority shall be obliged to keep records of
consents granted by them and other decisions issued pursuant to this
Act. The municipal authority of a municipality with extended competence
and a regional authority shall send these records to the Ministry by
April 30 of the following year through data transfer equipment or on a
technical data carrier. The scope and requisites of reporting shall be
stipulated in an implementing regulation. The municipal authority of a
municipality with extended competence and a regional authority shall
publish the current list of facilities operated pursuant to Section 14
(1) and pursuant to Section 14 (2) on the public administration website
and also in some other suitable manner, if appropriate.

\(11\) Unless this Act or an implementing regulation stipulates
otherwise, legal persons, natural persons authorized to operate a
business and administrative authorities that are obliged to keep records
pursuant to paragraphs 1 to 10 above shall be obliged to file these
records for a period of at least 5 years.

\(12\) The Ministry shall stipulate in a decree

a\) the manner of keeping continuous records of waste and the period of
filing these records for certain types of waste,

b\) the manner of reporting waste, waste management facilities,
accumulation sites for hazardous waste, waste collection sites, waste
storage areas, carriers of waste, PCBs, PCB wastes and equipment
containing PCBs, the number and state of accepted end-of life vehicles
and the manners of their treatment, and the type, quantity and manners
of treatment, recovery or disposal of waste electrical and electronic
equipment,

c\) the manner of keeping records of granted consents and other
decisions issued pursuant to this Act.

#### Section 40

## Keeping Records in Shipment of Hazardous Waste

\(1\) In shipment of hazardous waste, the consignor and the consignee
shall be obliged to complete a consignment note within the scope
stipulated in an implementing regulation. Records of shipped hazardous
waste shall not be kept in case of internal shipment carried out by own
means of transport provided that the shipment is effected within the
premises of an establishment.

\(2\) The consignor of the waste shall be obliged to:

a\) enclose with the consignment of hazardous waste a completed
consignment note,

b\) send the consignment note to the municipal authority of the
municipality with extended competence that is competent pursuant to the
place of dispatch of the shipment, within 10 days of its commencement,

c\) notify the municipal authority of the municipality with extended
competence that is competent pursuant to the place of dispatch of the
shipment and the Inspection if (s)he does not receive from the consignee
the confirmed consignment note on acceptance of the hazardous waste
within 20 days of dispatch of the waste.

\(3\) The consignee of the shipment shall be obliged to send the
consignment note concerning the shipment of hazardous waste with
confirmation of acceptance of the waste to the consignor and the
municipal authorities of municipalities with extended competence that
are competent pursuant to the place of dispatch and place of destination
of the shipment within 10 days of its acceptance.

\(4\) The consignor of the waste and the consignee of the waste shall be
obliged to file the records pursuant to paragraphs 1 to 3 above for a
period of at least 5 years.

\(5\) The Ministry shall stipulate in a decree the manner of keeping
records of waste in shipment of waste.

# PART SEVEN

# WASTE MANAGEMENT PLANS

#### Section 41

## Joint provisions

\(1\) The Ministry, regions within independent competence and waste
generators shall draw up a waste management plan.

\(2\) The waste management plan shall be drawn up for the purpose of
creating preconditions for prevention of waste generation and management
of waste pursuant to this Act.

\(3\) The Code of Administrative Procedure shall not apply to
processing, discussion and approval of draft waste management plans.

\(4\) The Waste Management Plan of the Czech Republic and waste
management plans of the regions shall be publicly available for
inspection and for making excerpts or copies thereof.

#### Section 42

## Waste Management Plan of the Czech Republic

\(1\) The Ministry shall draw up the draft Waste Management Plan of the
Czech Republic. The Ministry shall discuss the Waste Management Plan of
the Czech Republic with the regions within their independent competence.

\(2\) The Waste Management Plan of the Czech Republic shall contain
evaluation of the state of the waste management sector, a binding part
and a directive part.

\(3\) The Government shall promulgate the binding part of the Waste
Management Plan of the Czech Republic in its regulation.

\(4\) The binding part of the Waste Management Plan of the Czech
Republic shall stipulate the framework objectives and framework measures
for achieving thereof, and a set of indicators for evaluation thereof
with respect to

a\) prevention of waste generation, and reduction of the quantity and
hazardous properties thereof,

b\) management of selected waste pursuant to Part Four of this Act,

c\) management of other waste, particularly hazardous waste,

d\) management of packaging waste,

e\) recovery of waste,

f\) reduction of the share of waste deposited in landfills and the share
of the biologically degradable component thereof,

g\) establishment of an integrated waste management system.

\(5\) The Waste Management Plan of the Czech Republic shall be drawn up
for a period of at least 10 years and must be amended immediately after
each fundamental change in the conditions, on the basis of which it was
drawn up.

\(6\) The binding part of the Waste Management Plan of the Czech
Republic, including amendments thereto, shall be a binding basic
document for drawing up waste management plans of the regions and for
decision-making and other activities of the competent authorities,
regions and municipalities in the waste management sector.

\(7\) The Ministry shall evaluate implementation of the Waste Management
Plan of the Czech Republic on the basis of a set of indicators annually
by December 31 of the following year.

\(8\) The Ministry shall publish the Waste Management Plan of the Czech
Republic and amendments thereto on the public administration website or
in some other suitable manner.

#### Section 43

## Waste Management Plan of a Region

\(1\) Regions, within their independent competence, shall draw up a
waste management plan of a region for their jurisdiction and make
amendments thereto.

\(2\) The waste management plan of a region must be in accordance with
the binding part of the Waste Management Plan of the Czech Republic and
amendments thereto.

\(3\) The waste management plan of a region shall consist of a binding
part and a directive part.

\(4\) The binding part of the waste management plan of a region shall
stipulate the specific objectives and specific measures for achieving
thereof, with respect to

a\) prevention of waste generation, and reduction of the quantity and
hazardous properties thereof,

b\) municipal waste management,

c\) management of selected waste pursuant to Part Four of this Act,

d\) management of other waste, particularly hazardous waste,

e\) management of packaging waste,

f\) recovery of waste,

g\) reduction of the share of waste deposited in landfills and the share
of the biologically degradable component thereof,

h\) establishment of an integrated waste management system.

\(5\) If it is necessary to establish a waste management facility or
deal with movement of waste across boundaries of the regions, the
regions, within their independent competence, shall be obliged to
cooperate with one another in drawing up waste management plans of the
regions and amendments thereto.

\(6\) Regions, within their independent competence, shall be obliged to
draw up and approve the draft waste management plan of a region or
amendments thereto within 18 months of the legal force of a Government
regulation promulgating the binding part of the Waste Management Plan of
the Czech Republic or amendment thereto in the Collection of Laws.

\(7\) The waste management plan of a region shall be drawn up for a
period of at least 10 years and must be amended upon each fundamental
change in the conditions, on the basis of which it was drawn up.

\(8\) Regions, within their independent competence, shall be obliged to
notify, in a locally usual manner, within 10 days of the date of drawing
up the draft waste management plan or amendment thereto, when and where
this draft may be inspected and excerpts and copies thereof may be
acquired. Public inspection of the draft waste management plan of a
region or amendment thereto must be allowed for a period of at least 30
calendar days from the date of notification of the possibility of public
inspection; written standpoints on the draft waste management plan of a
region or amendment thereto may also be lodged within this deadline. The
region shall be obliged to respond to the comments and publish the
response.

\(9\) Regions, within their independent competence, shall be obliged to
send a copy of the waste management plan of a region or amendment
thereto to the Ministry within 1 month of approval thereof.

\(10\) Regions shall promulgate the binding part of the waste management
plan of a region or amendment thereto in a generally binding
edict.[^58]^2^) The binding part of the waste management plan of a
region shall be a binding basic document for drawing up waste management
plans of waste generators and for decision-making and strategic
activities of the competent authorities, regions and municipalities in
the waste management sector.

\(11\) Regions shall send an evaluation of implementation of the waste
management plan of a region to the Ministry annually by November 15 of
the following year. The evaluation shall be carried out on the basis of
a set of indicators stipulated in the binding part of the Waste
Management Plan of the Czech Republic.

\(12\) The regions shall publish the waste management plan of a region
and amendments thereto on the public administration website or in some
other suitable manner.

#### Section 44

## Waste Management Plan of a Waste Generator

\(1\) The waste management plan of a waste generator shall be drawn up
by waste generators who generate more than 10 tons of hazardous waste or
more than 1000 tons of other waste annually.

\(2\) The waste management plan of a waste generator must be in
accordance with the binding part of the waste management plan of the
region and amendments thereto.

\(3\) The waste management plan of a waste generator shall be drawn up
for a period of at least 5 years and must be amended upon each
fundamental change in the conditions, on the basis of which it was drawn
up, at the latest within 3 months of the change in the conditions.

\(4\) A waste generator who generates waste in a quantity exceeding the
limit value stipulated in paragraph 1 above on the date of promulgation
of the binding part of the waste management plan of the region or
amendment thereto shall be obliged to draw up a draft waste management
plan within 1 year of promulgation of the binding part of the waste
management plan of the region or amendment thereto. Other generators
shall be obliged to draw up a draft waste management plan within 1 year
of the date when the quantity of waste generated exceeds the limit
stipulated in paragraph 1 above.

\(5\) A waste generator shall be obliged to send a copy of his/her draft
waste management plan or draft amendment thereto to the regional
authority competent pursuant to the address of the establishment of the
waste generator within 3 months of drawing up thereof. If the draft
waste management plan of the waste generator lacks the requisites
stipulated by this Act and an implementing regulation or is at variance
with the binding part of the waste management plan of the region or
amendment thereto, the competent regional authority shall communicate to
the waste generator its comments within 3 months of the date of receipt
of the draft waste management plan of the waste generator.

\(6\) Within 3 months of the date of delivery of the comments of the
competent regional authority, the waste generator shall be obliged to
send to this regional authority a modified waste management plan with
incorporated comments.

\(7\) The waste management plan of a waste generator shall be a binding
basic document for activities of the waste generator.

\(8\) Municipalities that have established a voluntary association of
municipalities for the purpose of fulfillment of their duties in
management of municipal waste[^59]^4^) may, on the basis of a written
agreement, draw up a common waste management plan of a waste generator,
defining the scope and manner of management of the municipal waste.

\(9\) The Ministry shall stipulate in an implementing regulation the
contents of the waste management plan of a waste generator.

# PART EIGHT

# ECONOMIC INSTRUMENTS

### TITLE I

### FEES FOR DEPOSITING WASTE

#### Section 45

\(1\) Waste generators shall be obliged to pay a fee for depositing
waste in landfills.

\(2\) The fee shall also be paid by a waste generator who is the
landfill operator and this landfill is located on his/her own property.

\(3\) Fees shall not be paid for depositing waste as technological
materials for securing the landfill for the purpose of technical
securing of the landfill in accordance with the approved project and
rules of operation of the landfill. Waste that is deposited over and
above the framework of the project specifying the required amount shall
not considered a technological material. The Ministry shall stipulate in
an implementing regulation the requirements for depositing waste as a
technological material for securing a landfill.

#### Section 46

\(1\) The fee for depositing waste in landfills shall consist of two
components. The basic component of the fee shall be paid for depositing
waste and an additional risk component shall be paid for depositing
hazardous waste.

\(2\) The fee shall be collected from the waste generator by the
landfill operator upon depositing the waste in the landfill. The
landfill operator shall certify the collection of the fee to the waste
generator. The landfill operator shall levy the collected fees to the
recipient of the fee, always by the last day of the subsequent calendar
month, and shall simultaneously inform the recipient of any outstanding
fees. If the waste generator fails to pay the fee in the set amount, the
duty to pay the fee shall be imposed thereon by the regional authority
that granted the consent to operate the landfill, through a decision
issued on the basis of a proposal of the recipient of the fee.

\(3\) Within the scope stipulated by this Act, the fee shall be an
income for the municipality, within whose cadastral territory the
landfill is located, and the State Environmental Fund of the Czech
Republic.[^60]^5^)

\(4\) Where the generator is a municipality, which deposits the waste in
a landfill that is located within its cadastral territory, the basic
component of the fee shall not be collected from this municipality.

\(5\) Payment of fees by the landfill operator shall be controlled by
the municipality and the regional authority, within whose cadastral
territory the landfill is located.

#### Section 47

\(1\) If the landfill operator has failed to levy to the municipality or
the State Environmental Fund the collected fee within the set deadline,
the duty to pay the fee shall be imposed thereon by the regional
authority that has issued the consent to operate the landfill, by means
of a decision adopted on the basis of a proposal of the recipient of the
fee. A fine of 0.5 % of the withheld amount per day shall be payable in
case of failure to levy the fee. The fine shall be an income for the
municipality.

\(2\) Fees and fines shall be exacted by the financial authorities that
are locally competent for the cadastral territory, where the landfill is
located; in this, they shall proceed pursuant to the special
regulations,[^61]^6^) unless this Act stipulates otherwise.

#### Section 48

\(1\) The basic component of the fee shall be an income for the
municipality, within whose cadastral territory the landfill is located.
If the landfill is located in cadastral territories of several
municipalities, this income shall be divided pro rata according to the
size of the parts of the landfill located in the cadastral territories
of these municipalities.

\(2\) The amount of the basic component of the fee is stipulated in
Annex No. 6 to this Act.

\(3\) The risk component of the fee shall be an income for the State
Environmental Fund.

\(4\) The amount of the risk component of the fee is stipulated in Annex
No. 6 to this Act.

\(5\) Fees for asbestos waste shall be imposed in an amount applicable
to depositing of other waste.

### TITLE II

### FINANCIAL RESERVE FOR RECLAIMING AND DECONTAMINATION OF LANDFILLS

#### Section 49

\(1\) A landfill operator shall be obliged to create a financial reserve
for recovery and maintenance of the landfill and for its decontamination
after cessation of its operation (hereinafter the "financial reserve").

\(2\) Creation of the financial reserve shall be included in the costs
of the landfill operator and creation of this reserve shall constitute
an expenditure provided for obtaining, maintaining and securing
income.[^62]^7^) Interest accrued on the financial reserve shall be part
thereof.

\(3\) The funds constituting this reserve shall be deposited in a
special bank account. The financial reserve may not be subject to an
order for and implementation of enforcement of a decision or included in
the bankruptcy assets of the landfill operator, landfill owner or their
legal successors.

#### Section 50

\(1\) As of the date of effect of this Act, the landfill operator shall
be obliged to create a special escrow account for the purposes of
depositing funds for creation of the financial reserve. A separate
special escrow account must be created for each landfill, for which a
separate decision has been issued pursuant to the special
regulation.^24^)

\(2\) The agreement with the bank on establishment of a special escrow
account must indicate which landfill is covered by the financial reserve
and must contain a provision that the relevant account is a special
escrow account managed by the bank pursuant to Sections 49 to 51. This
account may be disposed of, after the date of its establishment, only
with the consent of the regional authority competent pursuant to the
location of the landfill.

\(3\) The landfill operator shall transfer the funds constituting the
financial reserve to the special escrow account established pursuant to
paragraph 1 above always by the last day of the subsequent calendar
month.

\(4\) An agreement on transfer of the financial reserve to a new
landfill operator shall be an essential requisite of a contract for the
transfer of the right to use the waste landfill to the new landfill
operator. Without such agreement on transfer of the financial reserve,
the contract for the transfer of the right to use the waste landfill to
the new landfill operator shall be void.

#### Section 51

\(1\) Funds may be drawn from the financial reserve only with the
consent of the competent regional authority for work related to
reclamation, maintenance of the landfill after cessation of its
operation and decontamination. The regional authority shall grant the
consent on the basis of a decision on commencement of reclamation work
issued pursuant to the special legal regulations.[^63]^8^)

\(2\) If the landfill operator expires prior to termination of
maintenance of the landfill and the legal successor of the operator is
not known or does not exist, the bank shall transfer the unused part of
the financial reserve to the State Environmental Fund of the Czech
Republic and notify the regional authority that is locally competent
pursuant to the location of the landfill of this fact. The State
Environmental Fund shall assign these funds to a special escrow account
pursuant to this Act in favor of the person who will provide for the
mandatory reclamation, maintenance of the landfill and decontamination
after cessation of its operation. The financial reserve shall be drawn
from this account pursuant to paragraph 1 above.

\(3\) After termination of maintenance of the landfill, the unused part
of the financial reserve shall be released in favor of the landfill
operator or his/her legal successor; if the legal successor is not known
or does not exist, this unused part shall be transferred to the budget
of the municipality, within whose cadastral territory the landfill is
located. If the landfill is located in cadastral territories of several
municipalities, this income shall be divided pro rata according to the
size of the parts of the landfill located in the cadastral territories
of these municipalities.

\(4\) The amount of the financial reserve shall equal

a\) CZK 100 per 1 ton of deposited hazardous waste or municipal waste,
except for waste asbestos,

b\) CZK 35 per 1 ton of deposited other waste, waste deposited as
technological materials for securing the landfill and waste asbestos.

\(5\) The Ministry shall stipulate in a decree the manner of creation
and withdrawal of the financial reserve.

#### Section 52

The competent regional authority shall stipulate the period and
conditions of maintenance of a landfill after cessation of its
operation, reclamation and decontamination separately for each landfill
within its rules of operation. This period may not be less than 30
years.

# PART NINE

# TRANSBORDER SHIPMENT OF WASTE

#### Section 53

\(1\) Transborder shipments of waste into, from and via the Czech
Republic (hereinafter "transborder shipment of waste") is regulated by
the legislation of the European Communities on the supervision of
shipments of waste within, into and out of the European Community.^39^)
This Act stipulates provisions required for its implementation.

\(2\) The Ministry shall be the competent authority for transborder
shipments of waste and the focal point for the Czech Republic.

#### Section 54

\(1\) Waste generated in the Czech Republic shall be preferentially
disposed of in the Czech Republic.

\(2\) Transborder shipments of waste to the Czech Republic for the
purpose of disposal shall be prohibited, except for wastes generated in
the neighboring countries as a consequence of natural disasters or state
of emergency.

\(3\) Waste generated in the Czech Republic shall be preferentially
recovered in the Czech Republic, unless it is recovered in other Member
States of the European Union.

#### Section 55

## Notification of Transborder Shipment of Wastes

\(1\) A notification of transborder shipment of wastes shall be lodged
by the notifier pursuant to the legislation of the European Communities
on the supervision of shipments of waste within, into and out of the
European Community.^39^) Only the notifier shall be a party to the
proceedings initiated by a notification pursuant to this paragraph.

\(2\) The procedure stipulated by the legislation of the European
Communities on the supervision of shipments of waste within, into and
out of the European Community^39^) and this Act for waste listed in
Annexes III and IV of Council Regulation (EEC) No. 259/93 on the
supervision and control of shipments of waste within, into and out of
the European Community^39^) shall also apply to waste stipulated in an
implementing regulation pursuant to paragraph 6 *mutatis mutandis*. The
notification of transborder shipment of these wastes to the Czech
Republic shall be submitted by the consignee. Only the consignee shall
be a party to the proceedings initiated by notification pursuant to this
paragraph.

\(3\) In addition to the requisites stipulated by the legislation of the
European Communities on the supervision of shipments of waste within,
into and out of the European Community^39^), the notifier shall submit
to the Ministry

a\) an agreement on environmentally sound recovery or disposal of waste;
in case of transborder shipment of waste from a non-Member State of the
European Union, the agreement must contain the obligation of the
notifier to take the waste back if the transborder shipment cannot be
carried out or completed in the anticipated manner,

b\) in case of transborder shipment of wastes to a non-Member State of
the European Union, a license to operate a facility for disposal or
recovery of wastes, and

c\) the required addresses of the competent authorities.

\(4\) The notification and its requisites shall be submitted to the
Ministry in the Czech, Slovak or English language, or with an officially
verified translation to one of the above languages.

\(5\) In case of transborder shipment of waste from the Czech Republic,
the Ministry shall forward the notification to the competent authority
of destination and send a copy thereof to the competent authority or
authorities for transit. It shall not forward the notification if it
ascertains a reason for raising an objection against the transborder
shipment of waste from the Czech Republic for disposal pursuant to
Article 4 (3) of Council Regulation (EEC) No. 259/93 on the supervision
and control of shipments of waste within, into and out of the European
Community.^39^)

\(6\) The Ministry shall stipulate in a decree the details of a
notification, its requisites and accompanying documents in transborder
shipment of waste. The Ministry may stipulate in a decree wastes listed
in Annex II to Council Regulation (EEC) No. 259/93 on the supervision
and control of shipments of waste within, into and out of the European
Community^39^) whose transborder shipment into the Czech Republic and
from the Czech Republic shall be subject to the procedure pursuant to
paragraph 2 above for the reason of environmental protection or
protection of health.

#### Section 56

## Bans and Objections

\(1\) If the notifier or consignee has been validly convicted of a
criminal offense committed in relation to management of hazardous
waste,[^64]^1^) the Ministry may ban all transborder shipments of waste
concerning these persons.

\(2\) An appeal against a decision of the Ministry on objections against
transborder shipment of waste shall not have suspensory effect.

#### Section 57

## Financial Guarantee and Insurance

\(1\) A financial guarantee pursuant to the legislation of the European
Communities on the supervision of shipments of waste within, into and
out of the European Community^39^) must be provided or the corresponding
insurance pursuant to that legislation must be documented prior to
commencement of the transborder shipment of waste.

\(2\) If the Ministry has a justified doubt as to whether the provided
financial guarantee or insurance is adequate in accordance with the
legislation of the European Communities on the supervision of shipments
of waste within, into and out of the European Community^39^), it shall
stipulate the amount and type of financial guarantee or specify the type
of insurance and the insured amount for this purpose.

#### Section 58

## Duty to Return Waste

\(1\) If the notifier is obliged pursuant to Article 25 of Council
Regulation (EEC) No. 259/93 on the supervision and control of shipments
of waste within, into and out of the European Community^39^) to return
the waste to the Czech Republic, the Ministry shall stipulate in a
decision a deadline for fulfillment of this duty and specify a place in
the Czech Republic, to which the waste is to be returned. An appeal
against the decision shall not have suspensory effect.

\(2\) If the notifier is responsible for illegal traffic of waste from
the Czech Republic in the sense of Article 26 (1) of Council Regulation
(EEC) No. 259/93 on the supervision and control of shipments of waste
within, into and out of the European Community^39^), the Ministry shall
stipulate in a decision a deadline for fulfillment of the duty to return
the waste to the Czech Republic and specify a place in the Czech
Republic, to which the waste is to be returned. An appeal against the
decision shall not have suspensory effect.

\(3\) If the consignee is responsible for illegal traffic of waste to
the Czech Republic in the sense of Article 26 (1) of Council Regulation
(EEC) No. 259/93 on the supervision and control of shipments of waste
within, into and out of the European Community^39^), the Ministry shall
stipulate in a decision a deadline for fulfillment of the duty to
dispose of or recover the shipped waste in accordance with this Act. An
appeal against the decision shall not have suspensory effect.

\(4\) If the obliged persons set forth in paragraphs 1, 2 and 3 above
fail to fulfill their duty within the deadline stipulated by the
Ministry, the Ministry shall provide for fulfillment of these duties. To
ensure fulfillment of the duties, the Ministry may use the financial
guarantee or insurance pursuant to Section 57 of this Act. If the
financial guarantee has not been provided or if an insurance has not
been established, or if the amount of the financial guarantee or of the
insurance benefit does not suffice, the Ministry shall impose on the
obliged person, through a decision, the efit does not suffice, theMh the
and send the ially verifiduty to pay the costs, before the duty is
fulfilled by the Ministry.

\(5\) Returning of waste pursuant to paragraphs 1 and 2 above does not
require the consent of the Ministry pursuant to the legislation of the
European Communities on the supervision of shipments of waste within,
into and out of the European Community.^39^)

#### Section 59

## Commencement of Transborder Shipment of Waste

Upon receipt by the Ministry of a copy of the consignment note with the
stated date of shipment and other relevant data in accordance with the
legislation of the European Communities on the supervision of shipments
of waste within, into and out of the European Community^39^) prior to
expiry of the deadline for lodging an appeal, the notifier waives the
right to appeal (lodge a remonstrance) against the consent granted by
the Ministry.

#### Section 60

## Transborder Shipment of Waste to and from Non-Member States of the European Union

The Ministry may stipulate in a decree the competent customs authorities
for transborder shipment of waste to and from non-Member States of the
European Union.

#### Sections 61 to 65

**repealed**

# PART TEN

# PENALTIES

### TITLE I

### FINES FOR NATURAL PERSONS AUTHORIZED TO OPERATE A BUSINESS AND LEGAL PERSONS

#### Section 66

\(1\) The municipal authority shall impose a fine of up to CZK 300,000
on a natural person authorized to operate a business or a legal person
who utilizes the system established by the municipality for management
of municipal waste without a written contract with the municipality or
who has not provided for recovery and disposal of waste in accordance
with this Act.

\(2\) The Inspection or the competent municipal authority of a
municipality with extended competence shall impose a fine of up to CZK
300,000 on a natural person authorized to operate a business or a legal
person who

a\) fails to keep records of waste and facilities within the scope and
manner stipulated in Part Six of this Act or fails to fulfill the
reporting duty within the set scope or fails to send to the competent
authority information concerning the waste management facility within
the set deadline or within the set scope, or fails to file the records
for the set period of time,

b\) fails to safeguard waste against undesirable devaluation, theft or
escape,

c\) fails to allow control bodies to perform control activities or fails
to provide truthful or comprehensive information related to waste
management, or

d\) fails to draw up an identification sheet for hazardous waste or
display this sheet at the places of management of hazardous waste.

\(3\) The Inspection shall impose a fine of up to CZK 1,000,000 on a
natural person authorized to operate a business or a legal person who

a\) fails to classify waste pursuant to the Catalogue of Waste,

b\) submits waste to a person who is not licensed to accept the
submitted waste pursuant to this Act,

c\) operates a facility for recovery or disposal of waste without the
required consent of the competent administrative authority or at
variance with this consent or operates a facility for recovery or
disposal of waste at variance with the approved rules of operation of
the facility,

d\) operates a facility for collection or purchase of waste without the
required consent of the competent administrative authority or at
variance with this consent or operates a facility for collection or
purchase of waste at variance with the approved rules of operation of
the facility,

e\) fails to keep records of PCBs, PCB wastes and equipment containing
PCBs subject to inventory within the set scope,

f\) fails to provide for taking back of used products intended for
taking back or fails to fulfill some other duty related to taking back
of products, or

g\) fails to appoint a waste manager under the conditions stipulated by
this Act,

h\) issues a certificate of absence of the hazardous properties of
waste, for which (s)he is responsible as the generator or licensed
person, or evaluates hazardous properties, for the evaluation of which
(s)he is not authorized,

i\) fails to classify as waste and manage as waste extracted soil,
gangue or sediment from river courses or water reservoirs that does not
comply with the pollution limit values set in an implementing regulation
for its use for filling underground areas and land surface modifications
(terrain modifications).

\(4\) The Inspection shall impose a fine of up to CZK 10,000,000 on a
natural person authorized to operate a business or a legal person who

a\) classifies waste set forth in Section 6 (1) (a), (b) or (c) as other
waste or manages such waste as other waste without having a certificate
issued by an authorized person pursuant to Section 9 that the waste does
not have hazardous properties,

b\) manages waste in facilities where management of waste is prohibited
or is not permitted,

c\) dilutes or mixes wastes for the purpose of complying with the
criteria for their acceptance to a landfill or mixes hazardous wastes
with other hazardous wastes or other wastes without the consent of the
competent authority,

d\) manages hazardous waste without the required consent of the
competent authority or at variance therewith,

e\) deposits in a landfill wastes, the landfilling of which is
prohibited by this Act or an implementing regulation, or fails to comply
with the conditions stipulated in an implementing regulation in
depositing waste in a landfill,

f\) fails to fulfill the duties stipulated by this Act in management of
selected products or wastes or equipment pursuant to Part Four, or

g\) breaches the duties stipulated by the legislation of the European
Communities on the supervision of shipments of waste within, into and
out of the European Community^39^) and by this Act for transborder
shipment of wastes, fails to meet the conditions stipulated by the
Ministry in a decision with respect to transborder shipment of wastes or
fails to fulfill a duty imposed through a decision pursuant to Section
58.

\(5\) The competent municipal authority of a municipality with extended
competence or the Inspection shall impose a fine of up to CZK 1,000,000
on a natural person authorized to operate a business or a legal person
who breaches some other duty stipulated by this Act or a duty imposed
through a decision on the basis of this Act.

#### Section 67

\(1\) A procedure on imposing a fine may be commenced at the latest
within 1 year of the day when the competent authority learned of the
breach of duties; however, a fine may be imposed at the latest within 3
years from the day when the breach of duties occurred.

\(2\) In determining the amount of the fine, account shall be taken of
the seriousness of the danger for the environment or the degree of
environmental damage, as appropriate.

\(3\) If a legal person or a natural person authorized to operate a
business again breaches the same duty, for which a fine has been
imposed, within 1 year from the legal force of the decision on imposing
a fine pursuant to this Act, the competent authority shall impose
another fine of up to two times the upper limit of the fine.

\(4\) The period pursuant to paragraph 1 above shall not include the
period of the criminal proceedings held pursuant to the special legal
regulation with respect to the same act.

#### Section 68

\(1\) Fines shall be imposed, collected and exacted by the
administrative authority that commenced proceedings on imposing the fine
first; fines imposed by the Inspection shall be exacted by the competent
financial authority. If proceedings were commenced on the same day by
the Inspection and a municipal authority of a municipality with extended
competence, the proceedings on imposing of the fine shall be held by the
Inspection. The Inspection and the municipal authority of a municipality
with extended competence shall inform each other of commencement of
proceedings on imposing a fine. The procedure pursuant to the special
legal regulation[^65]^3^) shall apply to payment and exacting of imposed
fines.

\(2\) The Ministry shall make decisions on appeals against decisions of
the Inspection on imposing fines. The regional authority shall make
decisions on appeals against decisions of municipal authorities of
municipalities with extended competence.

\(3\) 50 % of fines imposed by the Inspection shall be an income for the
municipality, within whose cadastral territory the legal regulations
were breached, and 50 % of fines imposed by the Inspection shall be an
income for the State Environmental Fund.[^66]^4^ A fine imposed by the
Inspection on a municipality shall be an income for the State
Environmental Fund.

\(4\) 50 % of fines imposed by the municipal authority of a municipality
with extended competence shall be an income for the municipality, within
whose cadastral territory the legal regulations were breached, and 50 %
of these fines shall be an income for the municipality with extended
competence that imposed the fine. 50 % of fines imposed by the municipal
authority of a municipality with extended competence on a municipality
shall be an income for the State Environmental Fund and 50 % of these
fines shall be an income for the municipality with extended competence.

\(5\) Imposing of a fine for breach of duties following from this Act
shall in no way prejudice the applicable provisions of the Criminal
Code.

### TITLE II

### MISDEMEANORS

#### Section 69

The municipal authority shall impose a fine of up to CZK 20,000 on a
natural person who is not an entrepreneur and commits a misdemeanor in
that (s)he discards an end-of life vehicle removed from the register of
vehicles at variance with this Act.

#### Section 70

\(1\) A fine imposed by the municipal authority shall be an income for
the municipality, within whose cadastral territory the duty was
breached.

\(2\) Unless this Act stipulates otherwise, the legal regulations on
misdemeanors shall apply to misdemeanors and discussion
thereof.[^67]^5^)

# PART ELEVEN

# EXECUTION OF PUBLIC ADMINISTRATION IN THE WASTE MANAGEMENT SECTOR

#### Section 71

## Public Administrative Bodies in the Waste Management Sector

Public administration in the waste management sector shall be executed
by

a\) the Ministry,

b\) the Ministry of Health,

c\) the Ministry of Agriculture,

d\) the Inspection,

e\) the Central Agricultural Control and Testing Institute,

f\) customs authorities,

g\) bodies for protection of the public health,

h\) regional authorities,

i\) municipal authorities of municipalities with extended competence,

j\) municipal authorities and domain authorities.

#### Section 72

## Ministry

\(1\) The Ministry shall

a\) be the central public administrative body in the waste management
sector,

b\) execute supreme state supervision in the waste management sector,
with the exception of protection of the public health in waste
management,

c\) perform the duties of a focal point for the Basel Convention,

d\) perform the duties of the competent authority and contact body for
transborder shipment of waste,

e\) make decisions on imposing the duty to return wastes to the Czech
Republic, on the duty to provide for environmentally sound disposal or
recovery of waste pursuant to Section 58 and on the duty to pay the
costs of returning and environmentally sound disposal or recovery of
waste,

f\) authorize legal persons or natural persons to evaluate hazardous
properties of waste, prolong the term of this authorization and withdraw
this authorization pursuant to Sections 7 and 8,

g\) approve the curriculum of training in evaluation of hazardous
properties of waste,

h\) classify waste in cases where waste cannot be unambiguously
classified pursuant to the Catalogue of Waste pursuant to Section 5 (2),

i\) draw up and keep summary records of the types of waste, its quantity
and the manners of its management, waste management facilities,
facilities set forth in Section 14 (2), accumulation sites for hazardous
waste and waste collection sites, waste storage areas, accepted end-of
life vehicles and the manners of their treatment, the type, quantity and
manners of treatment, recovery or disposal of waste electrical and
electronic equipment, carriers of waste, PCBs, PCB wastes and equipment
containing PCBs subject to inventory, and consents and other decisions
issued pursuant to this Act and make these records available to the
public,

j\) cooperate with the Ministry of Defense in keeping records of waste,
waste management facilities, accumulation sites for hazardous waste and
waste collection sites, waste storage areas and PCBs, PCB wastes and
equipment containing PCBs subject to inventory generated within
activities of the Ministry of Defense,

k\) draw up the Waste Management Plan of the Czech Republic within the
scope stipulated by this Act and, where the conditions stipulated by
this act are met, draw up amendments thereto,

l\) submit to the Government for approval the draft binding part of the
Waste Management Plan of the Czech Republic and draft amendments
thereto,

m\) provide to the relevant units of the European Commission and bodies
of international treaties and protocols in the waste management sector,
to which the Czech Republic has acceded, within the required scope and
form, and with the required frequency, information on the state of the
waste management sector in the Czech Republic,

n\) appoint representatives of the Czech Republic to committees,
commissions, expert and working groups and other panels established on
the basis of the legislation of the European Communities in the waste
management sector or in the framework of international conventions in
this area, to which the Czech Republic has acceded,

o\) make decisions on appeals against decisions of the Inspection and
regional authorities,

p\) keep the List pursuant to Chapter 8 of Part Four.

\(2\) Supreme state supervision in the waste management sector shall
consist in supervision of how administrative authorities executing state
administration in the waste management sector comply with the legal
regulations in this area and also in supervision of compliance with the
provisions of the legal regulations and decisions of the competent
authorities in the area of waste management.

#### Section 73

## Ministry of Agriculture

The Ministry of Agriculture shall coordinate the performance of control
of compliance with the duties in the use of treated sludge on
agricultural soil.

#### Section 73a

## Central Agricultural Control and Testing Institute

The Central Agricultural Control and Testing Institute shall perform
control of compliance with the duties in the use of treated sludge on
agricultural soil and impose penalties for breach of these duties
pursuant to Act No. 156/1998 Coll., on fertilizers, auxiliary soil
substances, auxiliary plant preparations and substrates and on
agro-chemical testing of agricultural land (Act on Fertilizers), as
amended by Act No. 308/2000 Coll., Act No. 147/2002 Coll. and Act No.
317/2004 Coll.

#### Section 74

## Ministry of Health

The Ministry of Health shall

a\) execute supreme state supervision and direct the execution of state
administration in the area of protection of public health in waste
management,

b\) authorize legal persons or natural persons to evaluate the hazardous
properties of waste, prolong the term of this authorization and withdraw
this authorization pursuant to Sections 7 and 8.

#### Section 75

## Bodies for Protection of Public Health

The bodies for protection of public health shall

a\) be the affected administrative authority in decision-making on
matters concerning the interests protected pursuant to this Act in the
area of protection of human health,

b\) evaluate and control health risks and issue professional standpoints
from the viewpoint of protection of human health on proposals related to
waste management, particularly on recovery, treatment and disposal of
waste,

c\) cooperate with other administrative authorities in the area of
protection of human health in waste management,

d\) express their standpoint on operational rules for recovery,
disposal, collection or purchase of waste.

#### Section 76

## Inspection

\(1\) The Inspection

a\) shall control how legal persons, natural persons authorized to
operate a business and municipalities comply with the provisions of the
legal regulations and decisions of the Ministry and other administrative
authorities in the waste management sector and whether the authorized
persons comply with the set manner of evaluation of the hazardous
properties of wastes,

b\) at least once annually, shall control how the generator of waste
from the production of titanium dioxide complies with the provisions of
the legal regulations and decisions of the Ministry and other
administrative authorities in the waste management sector,

c\) shall impose fines on legal persons and natural persons authorized
to operate a business for breach of the set duties pursuant to Section
66 (2) to (5); simultaneously, in a separate decision, it may stipulate
measures and deadlines for ensuring a remedy,

d\) may suspend the validity of a certificate of absence of hazardous
properties of waste issued by an authorized person or withdraw the
certificate pursuant to Section 9 (3) and (4),

e\) shall give instigations to the Ministry for execution of the supreme
state supervision,

f\) shall give instigations to a regional authority to prohibit the
operation of a facility for disposal of waste if the operator of the
facility does not comply with the legal regulations concerning waste
management and if this could result in serious environmental harm,

g\) shall control whether the persons using excavated soil, gangue or
sediments from river courses or water reservoirs as a material for
filling underground areas and land surface modifications have documents
certifying, pursuant to the implementing regulation, that the excavated
soil, gangue or sediment from river courses or water reservoirs complies
with the pollution limit values for their use for filling underground
areas and land surface modifications (terrain modifications); it may
take samples thereof and control the actual concentrations of harmful
substances, whose pollution limit values are stipulated in an
implementing regulation.

\(2\) In the framework of transborder shipment of waste, the Inspection
shall be authorized to perform control at the place of generation of the
waste, at the notifier and the consignee and at border crossings. It
shall also be authorized to perform control of documents pursuant to the
legislation of the European Communities on the supervision of shipments
of waste within, into and out of the European Community^39^) and
pursuant to this Act and physical control of waste, and take and analyze
samples.

\(3\) The Inspection shall cooperate with the municipal authorities,
bodies for protection of the public health, customs authorities, the
Fire Rescue Service, the Police of the Czech Republic and territorial
financial bodies and other administrative authorities, regions and
municipalities, and provide them with professional assistance.

\(4\) The tasks of the Inspection shall be carried out by inspectors.
Inspectors shall prove their identity in control work using Inspection
identity cards.

#### Section 77

## Customs Bodies

\(1\) The customs authorities[^68]^6^) shall

a\) control domestic and transborder shipment of waste,

b\) control import of batteries or accumulators from non-Member States
of the European Union,

c\) give instigations to the Ministry for execution of the supreme state
supervision,

d\) impose remedial measures in cases of violation of obligations
related to the transport of wastes.

\(2\) The customs authorities shall control whether the ban set forth in
Section 31 (5) is not breached in import of batteries or accumulators
and whether the imported goods are labeled pursuant to Section 31 (2).

\(3\) In domestic shipment of hazardous waste, the customs authorities
shall control whether the waste is accompanied by documents pursuant to
this Act and implementing regulations and whether the waste corresponds
to the information stated in the documents.

\(4\) In transborder shipment of waste, the customs authorities shall
also control

a\) whether the waste is accompanied by documents pursuant to the
legislation of the European Communities on the supervision of shipments
of waste within, into and out of the European Community^39^), this Act
and implementing regulations,

b\) whether the waste corresponds to the data stated in the accompanying
documents pursuant to the legislation of the European Communities on the
supervision of shipments of waste within, into and out of the European
Community^39^), this Act and implementing regulations,

c\) that the shipped goods that are not accompanied by documents
required for shipment of goods are not waste,

d\) that the transborder shipment of waste is not at variance with the
legislation of the European Communities on the supervision of shipments
of waste within, into and out of the European Community^39^) and this
Act.

\(5\) In performing control pursuant to paragraphs 3 and 4 above, the
customs authorities shall be authorized to stop vehicles, order that a
vehicle is parked at a suitable place, control documents accompanying
the waste and goods, documents proving the identity of the person
shipping the waste, perform physical control of the waste and goods,
take and analyze samples and draw up photographic documentation.

\(6\) If the customs authorities ascertain during control of shipment of
waste that the legislation of the European Communities on the
supervision of shipments of waste within, into and out of the European
Community^39^) or this Act has been violated, they shall be authorized,
within the proceedings, to perform investigation also at the place of
generation of the waste on the premises of the waste generator, holder
or notifier and at the place of destination on the premises of the final
consignee.

\(7\) If the customs office ascertains that the cross-border
transportation is an illegal traffic of waste pursuant to Article 26 of
Council Regulation (EEC) No 259/93 of 1 February 1993 on the supervision
and control of shipments of waste within, into and out of the European
Community^39^) or that the cross-border transportation of waste is
implemented at variance with the permit, it may order that the
transportation be interrupted and the vehicle placed on a site intended
therefor.

\(8\) In case of breach of regulations specified in paragraph 7 above,
the customs office may stipulate a deposit in an amount from CZK 10 000
to CZK 50 000.

\(9\) If the driver, who shall always represent the carrier for the
purposes of collection of deposits during control,[^69]^7^) fails to
provide the required deposit, the customs offices shall be authorized to
order that the driver park the vehicle at the nearest place that is
suitable from the viewpoint of safety and smoothness of traffic, seize
the documents for the vehicle and the load from the driver and prohibit
the driver from continuing his journey. The costs connected with driving
the vehicle to the parking place shall be borne by the carrier. This
shall in no way prejudice the liability of the carrier for the vehicle,
load and transported persons.

\(10\) The driver of the vehicle may continue his journey after paying
the required deposit by the driver or carrier, or after payment of a
fine to the Inspection. The seized documents shall be submitted to the
driver at the place of payment of the deposit or fine.

\(11\) Upon collection of the deposit, the customs offices shall be
obliged to submit to the driver a receipt of acceptance of the deposit,
draw up four counterparts of a protocol on the ascertained breach and
advise the carrier that (s)he is obliged to provide the Inspection with
his/her standpoint in the Czech language on the relevant matter at the
latest within two weeks. One counterpart of the protocol shall be
submitted to the driver of the vehicle, the other shall be retained by
the customs office and the remaining two counterparts, together with the
deposit and the documents for the vehicle and the load, shall be
delivered to the Inspection within the jurisdiction of the customs
office at the latest on the following working day. In an implementing
regulation, the Ministry shall stipulate the form of the receipt on
acceptance of the deposit.

\(12\) The document on acceptance of the deposit shall be issued in the
Czech language. The document on acceptance of the deposit must specify
the place of the administrative proceedings on the fine.

\(13\) The vehicle that has been immobilized and parked by the customs
offices on the designated parking lot shall be handed over to the
carrier after payment of the required deposit or after payment of the
fine imposed by the Inspection for the commitment of the administrative
tort during control activities by the customs offices.

\(14\) The proceedings concerned with the deposit shall be held in the
Czech language.

\(15\) The proceedings on imposing of a fine pursuant to paragraph 10
above may be commenced within one year of the day when the Inspection
learnt of the breach of the relevant obligations, however, not later
than three years of the day when the breach of obligations occurred.

\(16\) The customs authorities shall promptly notify the Ministry and
the Inspection of the ascertained violation of the legislation of the
European Communities on the supervision of shipments of waste within,
into and out of the European Community^39^) or this Act in shipment of
wastes.

\(17\) The customs authorities shall not release the goods to the
proposed procedure pursuant to the special legal regulation,[^70]^8^) if

a\) goods that are not declared as waste are waste,

b\) goods declared as waste are not accompanied by documents pursuant to
the legislation of the European Communities on the supervision of
shipments of waste within, into and out of the European Community^39^)
and pursuant to this Act and implementing regulations, or the waste does
not correspond to the information stated in these documents,

c\) exportation of goods declared as waste to non-Member States of the
European Union or importation of these goods from these States is
prohibited, or

d\) importation of batteries or accumulators from non-Member States of
the European Union breaches the ban stipulated in Section 31 (5) or
batteries or accumulators are not labeled pursuant to Section 31 (2).

\(18\) In control pursuant to the previous paragraphs, customs
authorities may request professional assistance from the Inspection.

\(19\) In case of doubt as to whether or not the shipped goods are
waste, the customs authority shall request that the decision be made by
the regional authority that is locally competent pursuant to the place
of the control.

\(20\) If the customs authority makes a decision on not releasing the
goods to the proposed procedure pursuant to paragraph 13 above, the
relevant natural and legal persons shall be obliged to promptly export
the waste back to the non-Member State of the European Union. The
customs authorities shall promptly notify the Ministry of not releasing
the goods to the proposed procedure pursuant to paragraph 13 above.

\(21\) The Ministry of Finance shall provide the Ministry with
information from its records and information systems concerning waste
exported from the Czech Republic to non-Member States of the European
Union or imported from these countries to the Czech Republic, and also
concerning batteries or accumulators imported to the Czech Republic from
non-Member States of the European Union.

\(22\) The Ministry shall given instigations to the General Directorate
of Customs to perform controls pursuant to the special legal
regulations.

\(23\) Fines imposed by the Inspection and forfeited deposits shall be
an income for the State Environmental Fund.

#### Section 78

## Regions

\(1\) A region shall

a\) draw up a waste management plan of a region for its jurisdiction
within the scope stipulated by this Act; make amendments to the plan,

b\) send a copy of the approved waste management plan of a region to the
Ministry,

c\) promulgate in a generally binding edict of the region the binding
part of the waste management plan of a region and amendments thereto,

d\) state its comments on the draft Waste Management Plan of the Czech
Republic.

\(2\) The regional authority

a\) shall grant its consent to operate a facility and to the plan of
modification of a landfill; it may bind the consent on certain
conditions,

b\) shall control how legal persons, natural persons authorized to
operate a business and municipalities comply with the provisions of the
legal regulations and decisions of the Ministry and other administrative
authorities in the waste management sector and whether the authorized
persons comply with the set manner of evaluation of hazardous properties
of wastes,

c\) shall grant the consent to mixing of hazardous wastes with other
hazardous wastes or with other wastes; it may bind the consent on
certain conditions,

d\) shall impose through a decision on the waste generator the duty to
pay a fee for depositing waste in a landfill if the waste generator
failed to pay this fee within the set deadline,

e\) shall stipulate the period and conditions of maintenance of a
landfill after cessation of its operation, reclamation and
decontamination pursuant to Section 52,

f\) shall draw up and continuously keep records of consents granted by
it and other decisions issued pursuant to this Act,

g\) shall make decisions on appeals against decisions of municipal
authorities of municipal authorities of municipalities with extended
competence,

h\) shall make decisions in case of doubt as to whether a movable thing
belonging to a waste category stipulated in Annex No. 1 to this Act is
considered to be waste, on the basis of a proposal of the owner of the
movable thing or of the administrative authority that holds the
proceedings during which this issue was raised or that requires a
decision on this issue for its further activities,

i\) shall grant its consent to manage hazardous waste pursuant to
Section 16 (3) in a quantity exceeding one hundred tons of hazardous
waste per annum; it may bind the consent on certain conditions,

j\) shall grant its consent to waiver of separation or separate
accumulation of waste pursuant to Section 16 (2) to the waste generator
who manages waste in a quantity exceeding 100 tons of hazardous waste
per annum. It may bind the consent on certain conditions,

k\) shall grant its consent to waiver of separation or separate
accumulation of waste pursuant to Section 18 (2). It may bind the
consent on certain conditions,

l\) shall grant its consent to disposal of a special escrow account and
to withdrawal of the financial reserve pursuant to Section 50 (2) and
Section 51 (1), (2) and (3). It may bind the consent on certain
conditions,

m\) may prohibit the operation of a facility for disposal of waste if
the operator of the facility does not comply with the conditions
stipulated in the special legal regulations for waste management and if
this could result in serious environmental harm,

n\) may limit or prohibit the operation of a facility for management of
waste from the production of titanium dioxide if monitoring of
environmental components shows acute toxicity exceeding the limit values
stipulated in an implementing regulation or a different deterioration of
the state of the environment, which is as serious as the aforementioned
excess of the limit values,

o\) may suspend the validity of a certificate of absence of hazardous
properties of waste issued by an authorized person or withdraw the
certificate pursuant to Section 9 (3) and (4),

p\) shall keep, regularly update and publish the list of persons
licensed to treat end-of life vehicles,

r\) shall state its comments on the draft waste management plan of a
waste generator,

s\) shall control that the landfill operators pay fees for depositing
waste in landfills,

t\) shall impose through a decision on the operator of a landfill the
duty to pay the collected fee for depositing waste on the landfill, if
(s)he has failed to levy this fee within the set deadline to the
recipient.

\(3\) When assessing an application for granting a consent pursuant to
paragraph 2 above, the regional authority shall evaluate particularly
its compliance with the duties following from this Act and implementing
regulations and compliance with the binding parts of the waste
management plan of a region and the Waste Management Plan of the Czech
Republic.

\(4\) A regional authority shall cancel or change a decision on granting
the consent that falls within its competence pursuant to this Act if

a\) there is a change in the conditions decisive for issuance of a
decision on granting the consent,

b\) the operator of a facility for recovery, disposal, collection or
purchase of wastes is not able to ensure the conditions for
environmental protection stipulated in the legal regulations or if the
operator of a landfill has not created a financial reserve pursuant to
Sections 49 to 51 and a remedy is not provided within the set deadline,
or

c\) a legal regulation or a natural person authorized to operate a
business, to whom the consent has been granted, repeatedly breaches the
duties stipulated by this Act or repeatedly fails to fulfill the
conditions, on which the consent is bound.

\(5\) A regional authority may cancel a decision on granting the consent
that falls within its competence pursuant to this Act if a new waste
manager is not appointed at the latest within 30 days of the date of
cessation of activities of the waste manager and the appointment of the
new waste manager is not notified to the regional authority or if the
new waste manager does not meet the conditions for professional
qualification.

\(6\) Unless this Act or a special legal regulation stipulates
otherwise, a decision pursuant to paragraph 2 above shall be made by the
regional authority, within whose jurisdiction the facility or activity,
with which the decision is concerned, is operated or where the thing,
with which the decision is concerned, is located.

\(7\) The activities set forth in paragraphs 2 to 5 above may be
performed by employees of the competent regional authority after
demonstrating their special professional qualification.[^71]^8a^)

#### Section 79

## Municipal Authorities of Municipalities with Extended Competence

\(1\) A municipal authority of a municipality with extended competence

a\) shall submit to the Ministry a proposal for classification of waste
pursuant to the Catalogue of Waste pursuant to Section 5 (2),

b\) shall grant its consent to management of hazardous waste pursuant to
Section 16 (3), except for cases set forth in Section 78 (2) (i); it may
bind the consent on certain conditions,

c\) shall grant its consent to waiver of separation or separate
accumulation of waste pursuant to Section 16 (2), except for cases set
forth in Section 78 (2) (j); it may bind the consent on certain
conditions,

d\) shall keep and process records of waste and the manners of its
management, end-of life vehicles and the manners of their treatment, the
type, quantity and manner of treatment, recovery or disposal of waste
electrical and electronic equipment, equipment set forth in Section 14
(2), accumulation sites for hazardous waste and waste collection sites
and waste storage areas, carriers of waste, consents issued by it and
other decisions issued pursuant to this Act, and, at request, provide
information to applicants concerning the location of facilities suitable
for disposal or recovery of waste generated by the applicants,

e\) shall control how legal persons, natural persons authorized to
operate a business and municipalities comply with the provisions of the
legal regulations and decisions of the Ministry and other administrative
authorities in the waste management sector and whether the authorized
persons comply with the set manner of evaluation of hazardous properties
of wastes,

f\) if there is a danger of harm to human health or the environment or
if such harm has already occurred, may provide for protection of human
health and the environment at the expense of the responsible person,

g\) shall impose on the operator of a facility for waste disposal, in
extraordinary cases, if this is required from the viewpoint of
environmental protection and if this is technically feasible for the
operator, the duty to dispose of waste. The costs incurred as a
consequence of this decision shall be paid by the municipal authority of
the municipality with extended competence that issued the decision; the
person who is responsible for this waste pursuant to this Act shall be
obliged to reimburse the thus expended costs to the municipal authority
of the municipality with extended competence,

h\) shall impose fines on legal persons and natural persons authorized
to operate a business for breach of the set duties pursuant to Section
66 (2) to (5); simultaneously, in a separate decision, it may stipulate
measures and deadlines for ensuring a remedy,

i\) may prohibit the waste generators from performing activities causing
generation of waste if the waste generator has not provided for recovery
or disposal of waste and if the waste generated as a consequence of
continuation of this activity could cause environmental damage.

\(2\) The municipal authority of a municipality with extended competence
shall cancel a decision on granting the consent that falls within its
competence pursuant to paragraph 1 (b) if the person to whom the consent
was granted repeatedly breaches the duties stipulated by this Act or
repeatedly fails to meet the conditions, on which the consent is bound.

\(3\) Unless this Act or a special legal regulation stipulates
otherwise, a decision pursuant to paragraph 1 above shall be made by the
locally competent municipal authority of the municipality with extended
competence, within whose jurisdiction the activity, with which the
decision is concerned, is performed or where the thing, with which the
decision is concerned, is located.

\(4\) A municipal authority of a municipality with extended competence
shall provide its standpoint particularly

a\) on the establishment of facilities for waste disposal,

b\) in land-use and construction proceedings from the viewpoint of waste
management,

c\) on the prepared changes in the production process or production that
have effect on waste management,

d\) on introduction or extension of production of titanium dioxide.

\(5\) The standpoint pursuant to paragraph 4 above shall include
assessment of the application from the viewpoint of its compliance with
the duties following from this Act and implementing regulations. A
standpoint shall not replace consents granted pursuant to this Act.

\(6\) Standpoints pursuant to paragraph 4 (a) to (d) above shall be
issued by the municipal authority of the municipality with extended
competence, within whose jurisdiction a facility designed for waste
management is located.

\(7\) The activities set forth in paragraphs 1 to 4 above may be
performed by employees of the municipal authority of a municipality with
extended competence after demonstrating their special professional
qualification.

#### Section 80

## Municipal Authority and Domain Authority

\(1\) A municipal authority and domain authority shall

a\) control whether legal persons and natural persons authorized to
operate a business utilize the system established by a municipality for
management of municipal waste only on the basis of a written contract
with the municipality and whether natural persons who are not
entrepreneurs discard waste only in accordance with this Act,

b\) impose fines on legal persons and natural persons authorized to
operate a business for breach of the duties pursuant to Section 66 (1);
simultaneously, in a separate decision, they may stipulate measures and
deadlines for ensuring a remedy,

c\) impose on natural persons fines for misdemeanors set forth in
Section 69; simultaneously, in a separate decision, they may stipulate
measures and deadlines for ensuring a remedy,

d\) control whether legal persons and natural persons authorized to
operate a business have provided for recovery or disposal of waste in
accordance with this Act,

e\) control that the landfill operators pay fees for depositing waste in
landfills.

\(2\) The domain authorities shall execute public administration within
the scope of Section 78 (2) (a) to (f), Section 78 (3), (4), (5) and
(6), Section 79 (1) (a) to (e), (g) to (i), (k) to (n), Section 79 (2)
to (7), and Section 80 (1) for the purposes of providing for defense of
the State and training of military forces in the territory of a military
domain[^72]^9^). The provisions of Sections 17 and 17a shall not apply
to domain authorities and inhabitants of a military domain.

#### Section 81

## Rights and Duties of Inspectors and Authorized Employees of the Ministry and other Administrative Authorities

\(1\) Inspectors and authorized employees of the Ministry and other
administrative authorities and employees of the regions and
municipalities assigned to regional and municipal authorities executing
competence in the waste management sector shall be authorized, within
the performance of their control activities

a\) to the necessary extent, to enter or drive onto properties of other
persons or enter buildings of other persons used for business activities
or operation of other economic activities, unless this requires a permit
pursuant to the special legal regulations.. Buildings important for
state defense[^73]^0^) may be entered only with the consent of the
statutory body or head of an organizational unit of the state or persons
authorized by this body or head of a unit, within whose competence the
building important for state defense falls. The State shall be liable
for any damage caused in the performance of control activities; it
cannot be relieved from this liability,

b\) to request the required documents, information and written or oral
explanations concerning the subject of the control,

c\) to take samples and draw up photographic documentation.

\(2\) Inspectors and authorized employees of the Ministry and other
administrative authorities and employees of the regions and
municipalities assigned to regional and municipal authorities executing
competence in waste management shall be obliged, within the performance
of their control activities

a\) to prove their identity by means of an identity card,

b\) to maintain confidentiality of facts subject to commercial or
service secrecy, of which they learned in relation to the performance of
their control activities,

c\) to inform the relevant operator prior to entering his premises,

d\) to respect operational, safety and other regulations concerning the
activities of the operator,

e\) to draw up a protocol of the performed control,

f\) to save the property of the controlled entity.

\(3\) At request of the customs authorities and in their presence, the
inspectors may enter places where they perform control and carry out
professional control activities aimed at fulfillment of duties in the
area of transborder shipment of waste following from the legislation of
the European Communities on the supervision of shipments of waste
within, into and out of the European Community,^39^) this Act and legal
regulations issued for its implementation.

#### Section 81a

The competence of regional authorities, municipal authorities of
municipalities with extended competence or municipal authorities
pursuant to this Act shall constitute performance of delegated
competence.

# PART TWELVE

# JOINT AND TRANSITORY PROVISIONS

#### Section 82

## Joint provisions

\(1\) Unless this Act stipulates otherwise, the Code of Administrative
Procedure13) shall apply to the proceedings pursuant to this Act.

\(2\) The consent to operation of a facility pursuant to Section 14 (1)
and Section 16 (3), and standpoints pursuant to Section 79 (4) (b) to
(e) shall not be issued pursuant to this Act if the issuing thereof is
replaced by a procedure in proceedings on issue of an integrated permit
pursuant to the Act on integrated pollution prevention and control, on
the integrated pollution register and on amendment to some laws (Act on
Integrated Prevention). This shall in no way prejudice other provisions
of this Act.

#### Section 83

## Transitory Provisions

\(2\) The term of decisions issued to date pursuant to Section 5 (2) and
(5), Section 6 (1) (f) and (2), Section 7 (1), Section 11 (3) and (4),
Section (15) (1) and Section 34 (1) of Act No. 125/1997 Coll., on waste,
as amended, is limited to 2 years from the date of effect of this Act.

\(2\) A certificate of properties of waste issued pursuant to the former
legal regulations shall be considered to be a certificate of absence of
hazardous properties of waste pursuant to this Act.

\(3\) Persons who operate, as of the date of effect of this Act, a
facility for disposal or recovery of waste, whose operation pursuant to
Act No. 125/1997 Coll., on waste, as amended, did not require the
consent of the competent state administrative body, may operate this
facility after expiry of 1 year from the date of effect of this Act only
with the consent to operate these facilities pursuant to this Act.

\(4\) Persons who pursue, as of the date of effect of this Act,
collection or purchase of waste and intend to continue this activity
shall be obliged to acquire the consent to operate a facility for
collection or purchase of waste pursuant to this Act, at the latest
within 1 year of the date of effect of this Act.

\(5\) The duty to appoint a waste manager pursuant to Section 15 of this
Act shall also apply to the waste generator and licensed persons who
have managed hazardous waste in a quantity exceeding 100 tons of
hazardous waste annually during the last 2 years, also entirely or
partly prior to the legal force of this Act. The waste generators and
licensed persons who have managed hazardous waste in a quantity
exceeding 100 tons of hazardous waste annually during the last 2 years
before the legal force of this Act shall be obliged to appoint a waste
manager within 3 months of the legal force of this Act.

\(6\) The types and quantity of waste and the manners of management
thereof for the year 2001 shall be reported pursuant to the former
regulations.

\(7\) A financial reserve for reclaiming, maintenance of a landfill and
decontamination after cessation of its operation created by the landfill
operator pursuant to the former legal regulations shall be considered to
be a financial reserve created pursuant to this Act. An escrow account
created for depositing funds within the financial reserve established by
the landfill operator pursuant to Section 32 of Act No. 125/1997 Coll.,
on waste, as amended, shall be considered to be a special escrow account
established pursuant to this Act.

\(8\) Proceedings on fines commenced before the date of effect of this
Act shall be completed pursuant to the former regulations. Other
commenced proceedings shall be completed pursuant to this Act.

\(9\) The Ministry shall submit to the Government for approval the draft
Waste Management Plan within 1 year of the date of effect of this Act.

\(10\) The management of packages and packaging waste shall be governed
by the former regulations, including Sections 18 and 19, Section 39 (1)
(g) (h), (l) and (m) and Section 39 (3) (i) of Act No. 125/1997 Coll.,
on waste, as amended, until the legal force of the new statutory
regulation of management of packages and packaging waste.

\(11\) If a duty is incurred to pay a fee for municipal waste prior to
the legal force of this Act, the former legal regulations shall apply.
The fee for municipal waste shall be paid (assessed) pro rata for the
period until December 31, 2001. If the fee for municipal waste has been
paid prior to the date of effect of this Act also for a period after the
date of effect of this Act, the part exceeding the proportional part of
the fee corresponding to the period until December 31, 2001 shall be
considered to be an advance payment for the local fee that has not yet
fallen due. If this procedure is not applicable, the relevant part of
the fee shall be considered to be overpayment.

\(12\) The provisions of this Act shall also apply to legal relations
arisen prior to the date of effect of the Act, whose subject consists in
payment for accumulation, collection, shipment, separation, recovery and
disposal of municipal waste from natural persons; the arising of such
legal relations and the rights arising therefrom shall be governed by
the former legal regulations.

# PART SEVENTEEN

# REPEALING PROVISIONS

#### Section 88

The following shall be repealed:

1\. Act No. 125/1997 Coll., on waste, as amended.

2\. Act No. 37/2000 Coll., amending Act No. 125/1997 Coll., on waste, as
amended by Act No. 167/1998 Coll.

# PART EIGHTEEN

# LEGAL FORCE

#### Section 89

This Act entered into effect on January 1, 2002, except for Section 31
(5) and Section 38 (3), (4), (5), (6), (7), (8) and (9) which enter into
effect on January 1, 2003.

\* \* \*

Act No. 477/2001 Coll., on packaging and amending some laws (the
Packaging Act), entered into effect on January 1, 2003.

Act No. 76/2002 Coll., on integrated pollution prevention and control,
the integrated pollution register and amending some laws (Act on
Integrated Prevention), entered into effect on January 1, 2003.

Act No. 275/2002 Coll., amending Act No. 185/2001 Coll., on wastes and
amending some other laws, as amended, entered into effect on January 1,
2003.

Act No. 320/2002 Coll., on amending and repealing certain laws in
connection with termination of the work of the district authorities,
entered into effect on January 1, 2003.

Act No. 167/2004 Coll., amending Act No. 455/1991 Coll., on business in
trade (the Trade Act), as amended, and certain related laws, entered
into effect on the date of entry into force of the Agreement on
Accession of the Czech Republic to the European Union (May 1, 2004).

Act No. 188/2004 Coll., amending Act No. 185/2001 Coll., on waste and
amending some other laws, as amended, entered into effect on the date of
its promulgation (April 23, 2004), except for Art. I (77) to (86) --
Part Nine, which entered into effect on the date of entry into force of
the Agreement on Accession of the Czech Republic to the European Union
(May 1, 2004).

Act No. 317/2004 Coll., amending Act No. 156/1998 Coll., on fertilizers,
auxiliary soil substances, auxiliary plant preparations and substrates
and on agro-chemical testing of agricultural land (Act on Fertilizers),
as amended, Act No. 185/2001 Coll., on waste and amending some other
laws, as amended, Act No. 147/2002 Coll., on the Central Agricultural
Control and Testing Institute and on amendment to some other laws (the
Act on the Central Agricultural Control and Testing Institute), as
amended, and Act No. 252/1997 Coll., on agriculture, as amended, entered
into effect on the date of its promulgation (May 27, 2004).

Act No. 7/2005 Coll., amending Act No. 185/2001 Coll., on waste and
amending some other laws, as amended, entered into effect on the date of
its promulgation (May 6, 2005), except for Art. I (18), with respect to
Sections 37i, 37k, 37n and 37o, and Art. I (19), (21) and (22), which
enter into effect on August 13, 2005, and Art. I (18), with respect to
Section 37m (3), which enters into effect on January 1, 2009.

Prime Minister:

JUDr. Gross, in his own hand

**Annex No. 1 to Act No. 185/2001 Coll.**

**WASTE CATEGORIES**

  ------ ----------------------------------------------------------------
  Code   Waste Category

  Q1     Residues from production and consumption, further unspecified

  Q2     Products that do not correspond to the required quality

  Q3     Products with expired use-before date

  Q4     Products that are used, lost or devalued by some other
         accidental event, including all materials, components of
         equipment, etc. that have been contaminated as a result of an
         accident

  Q5     Materials contaminated or polluted as a consequence of normal
         activities (e.g. waste following from cleaning operations,
         packaging materials, containers, etc.)

  Q6     Unusable components (e.g. spent batteries, used catalysts, etc.)

  Q7     Substances that have lost the required properties (e.g.
         contaminated acids, solvents, tempering salts, etc.)

  Q8     Waste from industrial processes (e.g. slag, distillation
         residues, etc.)

  Q9     Waste from processes reducing pollution (e.g. sludge from gas
         scrubbers, dust from filters, used filters, etc.)

  Q10    Residues from machine turning and surface treatment of materials
         (e.g. chips from lathes and milling, scale, etc.)

  Q11    Waste from transportation and processing of raw materials (e.g.
         from mining, petroleum transportation, etc.)

  Q12    Contaminated materials (e.g. oil contaminated with PCBs, etc.)

  Q13    Any materials, substances or products whose use has been
         prohibited by law

  Q14    Products that the owner does not use or will no longer use (e.g.
         in agriculture, in households, offices, sales outlets,
         workshops, etc.)

  Q15    Contaminated materials, substances or products formed in
         decontamination of the soil

  Q16    Any materials, substances or products that do not belong to the
         above categories
  ------ ----------------------------------------------------------------

**Annex No. 2 to Act No. 185/2001 Coll.**

**LIST OF HAZARDOUS PROPERTIES OF WASTE**

  ------ ----------------------------------------------------------------
  Code   Hazardous Property of Waste

  H1     Explosiveness

  H2     Oxidation ability

  H3-A   High flammability

  H3-B   Flammability

  H4     Irritation ability

  H5     Detrimental to health

  H6     Toxicity

  H7     Carcinogenicity

  H8     Causticity

  H9     Infectiousness

  H10    Teratogenicity

  H11    Mutagenicity

  H12    Ability to release highly toxic or toxic gases in contact with
         water, air or acids

  H13    Ability to release dangerous substances into the environment
         during or after disposal

  H14    Ecotoxicity
  ------ ----------------------------------------------------------------

**Annex No. 3 to Act No. 185/2001 Coll.**

**MANNERS OF RECOVERY OF WASTE**

  ------ ----------------------------------------------------------------
  Code   Manner of Recovery of Waste

  R1     Recovery of waste in a manner similar to fuels or in some other
         manner for energy production

  R2     Recovery/regeneration of solvents

  R3     Recovery/regeneration of organic substances that are not used as
         solvents (including composting and other biological processes)

  R4     Recycling/recovery of metals and metal compounds

  R5     Recycling/recovery of other inorganic materials

  R6     Regeneration of acids or bases

  R7     Recovery of components used for pollution abatement

  R8     Recovery of components from catalysts

  R9     Re-refining of used oil or some other manner of re-use of oils

  R10    Land treatment resulting in agriculture or ecological
         improvement

  R11    Recovery of waste generated by any of the operations numbered R1
         to R 10

  R12    Preliminary treatment of waste for any of the operations
         numbered R1 to R 11

  R13    Storage of materials prior to any of the operations numbered R1
         to R12 (except for temporary storage at the place of generation
         prior to collection)
  ------ ----------------------------------------------------------------

**Annex No. 4 to Act No. 185/2001 Coll.**

**MANNERS OF DISPOSAL OF WASTE**

  ------ ----------------------------------------------------------------
  Code   Manner of Disposal of Waste

  D1     Deposit into or onto land (e.g. landfill, etc.)

  D2     Land treatment (e.g. biodegradation of liquid waste or sludge in
         soils, etc.)

  D3     Deep injection (e.g. injection of pumpable liquid waste into
         wells, salt domes or natural occurring repositories, etc.)

  D4     Surface impoundment (e.g. placement of liquid waste or sludge
         into pits, ponds or lagoons, etc.)

  D5     Depositing in specially engineered landfills (e.g. placement
         into lined discrete cells which are capped and isolated from one
         another and the environment, etc.)

  D6     Release into a water body, except seas and oceans

  D7     Release into seas and oceans including sea-bed insertion

  D8     Biological treatment not specified elsewhere in this Annex which
         results in final compounds or mixtures which are discarded by
         means of any of the operations numbered D1 to D 12

  D9     Physico-chemical treatment not specified elsewhere in this Annex
         which results in final compounds or mixtures which are discarded
         by means of any of the operations numbered D1 to D 12 (e.g.
         evaporation, drying, calcination, etc.)

  D10    Incineration on land

  D11    Incineration at sea

  D12    Final or permanent storage (e.g. emplacement in containers in
         mines)

  D13    Modification of the composition or mixing of waste prior to its
         disposal by any of the operations numbered D1 to D12

  D14    Modification of other properties of waste (except for
         modification included in D13) prior to its disposal by any of
         the operations numbered D1 to D13

  D15    Storage of waste pending its disposal by any of the operations
         numbered D1 to R14 (except for temporary storage at the place of
         generation prior to accumulation of the required quantity)
  ------ ----------------------------------------------------------------

**Annex No. 5 to Act No. 185/2001 Coll.**

**LIST OF COMPONENTS RENDERING WASTE HAZARDOUS**

  ------ ----------------------------------------------------------------
  Code   Component rendering waste hazardous pursuant to this Act

  C1     beryllium, beryllium compounds

  C2     vanadium compounds

  C3     chromium (VI) compounds

  C4     cobalt compounds

  C5     nickel compounds

  C6     copper compounds

  C7     zinc compounds

  C8     arsenic; arsenic compounds

  C9     selenium; selenium compounds

  C10    silver compounds

  C11    cadmium; cadmium compounds

  C12    tin compounds

  C13    antinomy antimony compounds

  C14    tellurium; tellurium compounds

  C15    barium compounds, with the exception of barium sulfate

  C16    mercury; mercury compounds

  C17    thallium; thallium compounds

  C18    lead; lead compounds

  C19    inorganic sulfides

  C20    inorganic compounds of fluorine, with the exception of calcium
         fluoride

  C21    inorganic cyanides

  C22    the following alkaline metals and alkaline earth metals:
         lithium, sodium, potassium, calcium, unbonded magnesium

  C23    acidic solutions of acids in solid form

  C24    alkaline solutions of alkalies in solid form

  C25    asbestos (dust and fibres)

  C26    phosphorus, phosphorus acids, with the exception of mineral
         phosphates

  C27    metal carbonyls

  C28    peroxides

  C29    chlorates

  C30    perchlorates

  C31    azides

  C32    PCBs or PCTs

  C33    pharmaceutical or veterinary preparations

  C34    biocides and phytopharmaceutical preparations (e.g. pesticides,
         etc.)

  C35    infectious substances

  C36    creosotes

  C37    isocyanates thiocyanates

  C38    organic cyanides (e.g. nitriles, etc.)

  C39    phenols phenol compounds

  C40    halogenated solvents

  C41    organic solvents with the exception of halogenated solvents

  C42    organohalogen compounds, with the exception of inert polymer
         materials and other substances referred to in this Annex

  C43    aromatic compounds polycyclic and heterocyclic organic compounds

  C44    aliphatic amines

  C45    aromatic amines

  C46    ethers

  C47    substances of explosive nature, with the exception of substances
         referred to in this Annex

  C48    organic compounds of sulfur

  C49    any form of polychlorinated dibenzofuran

  C50    any form of polychlorinated dibenzo-p-dioxine

  C51    hydrocarbons and their compounds with oxygen, nitrogen or
         sulfur, if not referred to elsewhere in this Annex
  ------ ----------------------------------------------------------------

**Annex No. 6 to Act No. 185/2001 Coll.**

**Rate of the Basic Fee for Depositing Waste**

**CZK/t**

**(calendar year)**

  -------------- -------------- -------------- -------------- --------------
  Waste Category 2002 to 2004   2005 to 2006   2007 to 2008   2009 and
                                                              following
                                                              years

  Hazardous      1100           1200           1400           1700

  Municipal and  200            300            400            500
  other                                                       
  -------------- -------------- -------------- -------------- --------------

**Rate of the Risk Fee for Depositing Hazardous Waste**

**CZK/t**

**(calendar year)**

  -------------- -------------- -------------- -------------- --------------
  Waste Category 2002 to 2004   2005 to 2006   2007 to 2008   2009 and
                                                              following
                                                              years

  Hazardous      2000           2500           3300           4500
  -------------- -------------- -------------- -------------- --------------

**Annex No. 7 to Act No. 185/2001 Coll.**

**[Categories of Electrical and Electronic Equipment]{.underline}**

1\. Large household appliances

2\. Small household appliances

3\. IT and telecommunications equipment

4\. Consumer equipment

5\. Lighting equipment

6\. Electrical and electronic tools (with the exception of large-scale
stationary industrial tools)

7\. Toys, leisure and sports equipment

8\. Medical devices (with the exception of all implanted and infected
products)

9\. Monitoring and control instruments

10\. Automatic dispensers

[^1]: ^1^ ) Council Directive of 15 July 1975 on waste (75/442/EEC).

    Council Directive of 18 March 1991 amending Directive 75/442/EEC on
    waste (91/156/EEC).

    Council Directive of 16 July 1975 on the disposal of waste oils
    (75/439/EEC).

    Council Directive of 22 November 1986 amending Directive 75/439/EEC
    on the disposal of waste oils (87/101/EEC).

    Council Directive of 20 February 1978 on waste from the titanium
    dioxide industry (78/176/EEC).

    Art. 11 of Council Directive of 17 December 1979 on the protection
    of groundwater against pollution caused by certain dangerous
    substances (80/68/EEC).

    Council Directive of 12 June 1986 on the protection of the
    environment, and in particular of the soil, when sewage sludge is
    used in agriculture (86/278/EEC).

    Council Directive of 19 March 1987 on the prevention and reduction
    of environmental pollution by asbestos (87/217/EEC)

    Council Directive of 18 March 1991 on batteries and accumulators
    containing certain dangerous substances (91/157/EEC)

    Commission Directive 98/101/EEC of 22 December 1998 adapting to
    technical progress Council Directive 91/157/EEC on batteries and
    accumulators containing certain dangerous substances.

    Council Directive of 12 December 1991 on hazardous waste (91/689/EEC
    ).

    Council Directive of 23 December 1991 standardizing and
    rationalizing reports on the implementation of certain Directives
    relating to the environment (91/692/EEC)

    Council Directive 96/59/EC of 16 September 1996 on the disposal of
    polychlorinated biphenyls and polychlorinated terphenyls (PCB/PCT).

    Council Directive 1999/31/EC of 26 April 1999 on the landfill of
    waste.

    Council Directive 2000/53/EC of the European Parliament and of the
    Council of 18 September 2000 on end-of life vehicles.

[^2]: ^1\ a^) Act No. 17/1992 Coll., on the environment, as amended.

[^3]: ^2^ ) Act No. 138/1973 Coll., on waters (the Water Act), as
    amended.

[^4]: ^3^ ) Act No. 44/1988 Coll., on the protection and utilization of
    mineral resources (the Mining Act), as amended.

[^5]: ^4^ ) Act No. 539/1992 Coll., on hallmarking and precious metals
    testing (the Hallmarking Act), as amended by Act No. 19/1993 Coll.

[^6]: ^5^ ) Act No. 18/1997 Coll., on peaceful use of nuclear energy and
    ionizing radiation (the Atomic Act) and amending and supplementing
    some Acts, as amended.

[^7]: ^6^ ) Act No. 20/1966 Coll., on care for the health of the
    population, as amended.

    Act No. 256/2001 Coll., on funeral service on amendment to some
    laws, as amended.

    Act No. 285/2002 Coll., on donation, withdrawal and transplantation
    of tissues and organs and on amendment to certain laws.

[^8]: ^7^ ) Act No. 166/1999 Coll., on veterinary care and amending some
    related laws (the Veterinary Act), as amended.

[^9]: ^8^ ) Act No. 309/1991 Coll., on protection of the air and
    amending some other laws (the Clean Air Act), as amended.

    Act No. 389/1991 Coll., on state administration in air protection
    and fees for pollution thereof, as amended.

[^10]: ^9^ ) Act No. 61/1998 Coll., on mining activities, explosives and
    the state mining administration, as amended.

[^11]: ^1\ 0^) Act No. 167/1998 Coll., on dependency producing
    substances and on amendment to some other laws, as amended.

    Act No. 79/1997 Coll., on pharmaceuticals and amending and
    supplementing some related laws, as amended.

[^12]: ^1\ 1^) E.g. Act No. 258/2000 Coll., Act No. 634/1992 Coll., on
    the protection of consumers, as amended.

[^13]: ^1\ 1a^) Decree of the Ministry of the Environment No. 381/2001
    Coll., laying down the Catalogue of Waste, List of Hazardous Waste
    and List of Waste for the purposes of export, import and transit of
    wastes and the procedure in granting consent to the export, import
    and transit of wastes (Catalogue of Waste).

[^14]: ^1\ 2^) E.g. Act No. 455/1991 Coll., on business in trade (the
    Trade Act), as amended, Act No. 513/1991 Coll., the Commercial Code,
    as amended, Act No. 138/1973 Coll., as amended, and Act No. 309/1991
    Coll., as amended.

[^15]: ^1\ 3^) Act No. 71/1967 Coll., on administrative proceedings (the
    Code of Administrative Procedure), as amended.

[^16]: ^1\ 3a^) Act No. 18/2004 Coll., on recognizing professional
    qualification and other qualifications of citizens of the Member
    States of the European Union and on amendment to some laws (Act on
    Recognizing Professional Qualification), as amended.

[^17]: ^1\ 4^) Section 45 of Act No. 77/1981 Coll., on health-care
    workers and other professional workers in health care, as amended by
    Act No. 425/1990 Coll.

[^18]: ^1\ 5^) E.g. Act No. 114/1992 Coll., on nature conservation and
    landscape protection, as amended, Act No. 289/1995 Coll., on forests
    and amending and supplementing some laws (the Forest Act), as
    amended.

[^19]: ^1\ 6^) E.g. Act No. 138/1973 Coll., as amended, Act No. 133/1985
    Coll., of fire protection, as amended, and Act No. 258/2000 Coll.

[^20]: ^1\ 7^) E.g. Act No. 309/1971 Coll., as amended, Act No. 138/1973
    Coll., as amended.

[^21]: ^1\ 8^) E.g. Act No. 133/1985 Coll., as amended.

[^22]: ^1\ 9^) Sections 11 and 12 of Act No. 157/1998 Coll., on chemical
    substances and chemical preparations, as amended.

    The European Agreement Concerning the International Carriage of
    Dangerous Goods by Road - ADR (Geneva 1957), promulgated in the
    Collection of Laws under No. 64/1987 Coll.

    Rules for International Carriage of Dangerous Goods by Rail (RID).

[^23]: ^2\ 0^) E.g. Act No. 138/1973 Coll., as amended, Act No. 309/1991
    Coll., as amended, and Act No. 258/2000 Coll.

[^24]: ^2\ 1^) Act No. 50/1976 Coll., on land-use planning and the
    construction procedure (the Construction Code), as amended.

[^25]: ^2\ 2^) E.g. Act No. 229/1992 Coll., on commodity exchanges, as
    amended.

[^26]: ^2\ 3^) Act No. 111/1994 Coll., on highway transport, as amended.

[^27]: ^2\ 4^) Act No. 50/1976 Coll., as amended.

[^28]: ^2\ 5^) E.g. Act No. 309/1991 Coll., as amended, Act No. 389/1973
    Coll., as amended.

[^29]: ^2\ 5a^) Section 10b of Act No 565/1990 Coll., on local fees, as
    amended.

[^30]: ^2\ 5b^) Act No. 337/1992 Coll., on administration of taxes and
    fees, as amended.

[^31]: ^2\ 6^) Act No. 101/2000 Coll., on personal data protection, as
    amended.

[^32]: ^2\ 7^) Section 8 of Act No. 50/1976 Coll., as amended.

[^33]: ^2\ 8^) Act No. 309/1991 Coll., as amended.

    Act No. 389/1991 Coll., as amended.

[^34]: ^2\ 9^) Act No. 406/2000 Coll., on energy management.

[^35]: ^3\ 0^) E.g. Act No. 111/1994 Coll., as amended, the European
    Agreement Concerning the International Carriage of Dangerous Goods
    by Road - ADR (Geneva 1957), promulgated in the Collection of Laws
    under No. 64/1987 Coll., the Rules for International Carriage of
    Dangerous Goods by Rail (RID).

[^36]: ^3\ 1^) Act No. 114/1992 Coll., as amended.

[^37]: ^8\ a^) Act No. 100/2001 Coll., on environmental impact
    assessment and on amendment to some related laws (the Act on
    Environmental Impact Assessment), as amended.

[^38]: ^3\ 1a^) Annex A to Act No. 56/2001 Coll., on the conditions for
    operation of vehicles on roadways and on amendment to Act No.
    168/1999 Coll.

[^39]: ^3\ 1b^) Annex No. 1 to Decree No. 341/2002 Coll., on approval of
    the road worthiness and on technical conditions for operation of
    vehicles on roadways, as amended by Decree No. 100/2003 Coll.

[^40]: ^3\ 1c^) Section 14 of Act No. 114/1992 Coll., on nature
    conservation and landscape protection.

[^41]: ^3\ 1d^) Sections 2, 19 and 40 of Act No. 13/1997 Coll., on
    roadways, as amended.

[^42]: ^3\ 1e^) Section 2 (10) of Act No. 56/2001 Coll., on the
    conditions for operation of vehicles on roadways and on amendment to
    Act No. 168/1999 Coll., as amended by Act No. 103/20001 Coll.

[^43]: ^3\ 1g^) E.g. Commission Directive 98/77/EC of 2 October 1998
    adapting to technical progress Council Directive 70/220/EEC on the
    approximation of the laws of the Member States relating to measures
    to be taken against air pollution by emissions from motor vehicles;
    Directive 2001/1/EC of the European Parliament and of the Council of
    22 January 2001 amending Council Directive 70/220/EEC concerning
    measures to be taken against air pollution by emissions from motor
    vehicles.

[^44]: ^3\ 1h^) Sections 34 and 35 of Act No. 56/2001 Coll., on the
    conditions for operation of vehicles on roadways and on amendment to
    Act No. 168/1999 Coll.

[^45]: ^3\ 1i^) Section 3 and Section 7 of Act No. 243/2001 Coll., on
    registration of vehicles, as amended.

[^46]: ^3\ 1k^) Section 73 and Section 74 of Act No. 56/2001 Coll.

[^47]: ^3\ 1l^) Section 4 of Decree No. 243/2001, as amended.

[^48]: ^3\ 9^) Council Regulation (EEC) No 259/93 of 1 February 1993 on
    the supervision and control of shipments of waste within, into and
    out of the European Community, 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, pursuant to Articles 16(1)
    and 42(3), Annexes II, III, IV and V to 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 of 29 April 1999 establishing
    common rules and procedures to apply to shipments to certain
    non-OECD countries of certain types of waste, 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 2630/2000 amending Council
    Regulation (EC) No 1420/1999, as amended by Commission Regulation
    (EC) No 77/2001 amending Council Regulation (EC) No 1420/1999 and
    Council Regulation (EC) No 1547/1999, as amended by 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 Regulation (EC) No 1547/1999 of 12 July 1999 determining
    the control procedures under Council Regulation (EEC) No 259/93 to
    apply to shipments of certain types of waste to certain countries to
    which OECD Decision C(92)39 final does not apply, as amended by
    Commission Regulation (EC) No 334/2000 amending 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, as amended by
    Commission Regulation (EC) No 77/2001 amending Council Regulation
    (EC) No 1420/1999 and Council Regulation (EC) No 1547/1999, as
    amended by 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 concerning the standard consignment
    note referred to in Council Regulation (EEC) No 259/93 on the
    supervision and control of shipments of waste within, into and out
    of the European Community.

    Commission Decision of 3 June 1999 concerning a questionnaire for
    the reporting obligation of Member States pursuant to Article 41(2)
    of Council Regulation (EEC) No 259/93.

[^49]: ^3\ 1j^) Act No. 388/1991 Coll., on the State Environmental Fund
    of the Czech Republic, as amended.

[^50]: ^3\ 1m^) Directive 2002/96/EC of the European Parliament and of
    the Council of 27 January 2003 on waste electrical and electronic
    equipment, as amended by Directive 2003/108/EC of the European
    Parliament and of the Council.

    Directive 2002/95/EC of the European Parliament and of the Council
    of 27 January 2003 on the restriction of the use of certain
    hazardous substances in electrical and electronic equipment.

[^51]: ^3\ 1n^) Section 53 of Act No 40/1964 Coll., the Civil Code, as
    amended.

[^52]: ^3\ 1o^) E.g. Act No. 102/2001 Coll., on general safety of
    products, as amended, Act No. 258/2000 Coll., on protection of
    public health, as amended, Act No. 634/1992 Coll., on protection of
    consumers, as amended, Act No. 22/1997 Coll., on technical
    requirements for products and amending and supplementing some laws,
    as amended.

[^53]: ^3\ 1p^) Section 2 of Act No. 22/1997 Coll., on technical
    requirements on products and amending and supplementing some laws,
    as amended.

[^54]: ^3\ 1r^) Section 2 of Act No. 634/1992 Coll., on the protection
    of consumers, as amended.

[^55]: ^3\ 1s^) Act No. 76/2002 Coll., on integrated pollution
    prevention and control, the integrated pollution register and
    amending some laws (Act on Integrated Prevention), as amended by Act
    No. 521/2002 Coll.

[^56]: ^3\ 1t^) Act No. 86/2002 Coll., on protection of the air and
    amending some other laws (the Clean Air Act), as amended.

    Regulation (EC) No. 2037/2000 of the European Parliament and of the
    Council of 29 June 2000 on substances that deplete the ozone layer,
    as amended by subsequent regulations.

[^57]: ^3\ 1u^) E.g. Decree No. 184/1999 Coll., laying down the
    procedure for evaluation of the risk of dangerous chemical
    substances for human health, Decree No. 89/2001 Coll., laying down
    the conditions for classification of works in categories, limit
    values of indicators of biological exposure tests and requisites for
    reporting work with asbestos and biological agents.

[^58]: ^3\ 2^) Act No. 129/2000 Coll., on regions (the regional order).

[^59]: ^3\ 4^) Act No. 128/2000 Coll., on municipalities (the Municipal
    Order).

[^60]: ^3\ 5^) Act No. 388/1991 Coll., on the State Environmental Fund
    of the Czech Republic, as amended by Act No. 334/1992 Coll.

[^61]: ^3\ 6^) Act No. 337/1992 Coll., on administration of taxes and
    fees, as amended.

[^62]: ^3\ 7^) Act No. 586/1992 Coll., on income taxes, as amended.

[^63]: ^3\ 8^) E.g. Section 76 et seq. of Act No. 50/1971 Coll., as
    amended, Act No. 44/1988 Coll., as amended.

[^64]: ^4\ 1^) Section 181e (2) of Act No. 140/1961 Coll., the Criminal
    Code, as amended.

[^65]: ^4\ 3^) Part Six of Act No. 337/1992 Coll., as amended.

[^66]: ^4\ 4^) Section 2 of Act No. 388/1991 Coll., as amended by Act
    No. 334/1992 Coll.

[^67]: ^4\ 5^) Act No. 200/1990 Coll., on misdemeanors, as amended.

[^68]: ^4\ 6^) Act No. 185/2004 Coll., on the Customs Administration of
    the Czech Republic.

[^69]: ^4\ 7^) Act No. 111/1994 Coll., on highway transport, as amended.

[^70]: ^4\ 8^) Act No 13/1993 Coll.

[^71]: ^4\ 8a^) Section 72 of Act No. 129/2000 Coll.

[^72]: ^4\ 9^) Act No. 222/1999 Coll., on the provision for defense of
    the Czech Republic, as amended by Act No. 320/2002 Coll.

[^73]: ^5\ 0^) Section 29 (3) of Act No. 222/1999 Coll., on the
    provision of defense of the Czech Republic.