CZECH REPUBLIC Law and Practice Contributed by: Martin Řanda, Jan Lexa, Vít Fišer and Adam Vopelka, act legal
• the producer transfers waste to an unauthorised person (ie, a person who does not hold a valid per- mit to operate a facility for the management of the specific type of waste); • the producer is unable to prove that the waste was duly transferred (ie, the producer fails to keep documentation in accordance with the legal requirements); and • the producer knows that the third party will handle the waste illegally (which may constitute complicity in a criminal offence or an administrative offence). 15.3 Circular Economy Requirements Duties in Product Design On 18 July 2024, Regulation (EU) 2024/1781 on estab- lishing a framework for setting ecodesign requirements for sustainable products (the “Ecodesign Regulation”) entered into force. The purpose of this Regulation is to ensure greater product sustainability by establish- ing, in the future, requirements for individual products regarding – for example – their durability, improved energy efficiency, repairability and recyclability. The Regulation itself does not yet establish any spe- cific ecodesign requirements. It merely provides a legal framework under which specific requirements for individual product categories will be set through implementing acts issued by the European Commis- sion. The Regulation should then be implemented within the Czech legal system. Obligation of Take-Back (Extended Producer Responsibility – EPR) Act No 542/2020 Coll, on End-of-Life Products, as amended This Act establishes that producers are required to arrange for the collection and management of certain waste streams. Household waste electrical and electronic equipment (WEEE) Producers must provide free take-back for household WEEE, with no obligation for the consumer to pur- chase a new product. Producers must also arrange for the take-back of non-household WEEE, although this may be subject to charges.
Waste batteries and accumulators Producers must accept end-of-life portable or auto- motive batteries and accumulators from end users at their own cost, regardless of brand, date of market placement or any link to the purchase of a new prod- uct, and without requiring payment for collection. The take-back of industrial batteries or accumulators is also required, although not necessarily free of charge. Waste tyres Producers must ensure the collection of end-of-life tyres from users, irrespective of brand or date of mar- ket placement, without requiring the purchase of a new tyre or payment for collection. Act No 477/2001 Coll, on Packaging, as amended This Act imposes an obligation of take-back of pack- aging, requiring persons who place packaging on the market or into circulation (ie, manufacturers, import- ers, distributors and retailers) to ensure the take-back of packaging and, for this purpose, to establish an adequate network of take-back points. 15.4 Rights and Obligations Applicable to Waste Operators The basic framework is established by Act No 541/2020 Coll, on Waste, and its implementing decrees. In particular, a waste facility operator is obligated to operate the facility in accordance with the permit issued by the regional authority. Upon receiving waste, except for waste already owned by the operator prior to receipt, the operator is obligated to: • record information about the waste, the transfer- ring person and the facility or site from which the waste is transferred; • weigh the waste and carry out a visual inspection; • verify the classification of the waste by type and category, except when receiving waste from a non- commercial individual; • classify the waste by type and category when receiving it from a non-commercial individual; and • refuse to accept waste into the facility if not author- ised to handle that type or category of waste.
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