CZECH REPUBLIC Law and Practice Contributed by: Martin Řanda, Jan Lexa, Vít Fišer and Adam Vopelka, act legal
15. Waste 15.1 Key Laws and Regulatory Controls Act No 541/2020 Coll, on Waste, as Amended This implements the requirements of EU Directive 2008/98/EC. The Waste Act defines fundamen- tal concepts (waste, producer, waste management hierarchy), establishes the rights and obligations of all entities and sets out the powers of supervisory authorities. Implementing Decrees The Waste Act is supplemented by several key decrees – in particular, as follows. Decree No 8/2021 Coll, on the Waste Catalogue, as amended This defines and classifies individual types of waste, distinguishing between “other” and “hazardous” waste. Proper classification of waste is a fundamental duty of the producer. Decree No 273/2021 Coll, on Details of Waste Management, as amended This regulates technical aspects such as collection, storage, record-keeping, reporting and documenta- tion. Related Legislation Other regulations also apply to this area – for example, the following. Act No 477/2001 Coll, on Packaging, as amended This establishes the rights and obligations of entities placing packaging on the market or in circulation. Act No 542/2020 Coll, on End-of-Life Products, as amended This regulates the take-back of selected products (electrical equipment, batteries or accumulators, and tyres) and the disposal of end-of-life vehicles. 15.2 Retention of Environmental Liability In general, waste producers are no longer responsible for the waste if they have transferred their ownership to an authorised person in accordance with the law. The producer of waste may be held liable if:
Under Act No 258/2000 Coll, on the Protection of Public Health, as amended, the relevant public health authority must be notified by the employer of any work in which employees are, or may be, exposed to asbestos. PCBs The policies and principles focus mainly on prevent- ing polychlorinated biphenyls (PCBs) from entering the environment, establishing a strict procedure for handing over PCBs, PCB waste or PCB-containing equipment for disposal or decontamination in special- ised facilities, and defining requirements for reporting. The Czech Republic is a party to the Stockholm Convention on Persistent Organic Pollutants. For its implementation, the Ministry of the Environment has prepared the National Implementation Plan of the Stockholm Convention on Persistent Organic Pollut- ants in the Czech Republic for the period 2024–2029. The Czech Republic thus adheres to the principles of this Convention. At the EU level, Directive 96/59/EC is relevant. The Czech Republic has implemented the Directive, there- by fulfilling its obligations concerning the controlled disposal of PCBs, as well as the decontamination or removal of equipment containing PCBs. The Czech Republic also fully complies with Regu- lation (EU) 2019/1021 and its core principles aimed at minimising and, where possible, eliminating PCB releases, as well as regulating waste that contains or is contaminated by them. The Regulation particularly takes into account the precautionary principle. In Czech legislation, the management of PCBs as hazardous waste is primarily regulated by Act No 541/2020 Coll, on Waste. More detailed conditions are laid down in Decree No 273/2021 Coll, on Detailed Waste Management. These include the determination of total PCB concentrations, requirements for decon- tamination and methods for labelling equipment con- taining PCB or decontaminated equipment.
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