Implementation plan for the Council Directive 78/176/EEC, on waste from titanium dioxide industry, amended by the
Council Directive 82/883/EEC, Council Directive 83/29/EEC and Council Directive 92/112/EEC
IMPLEMENTATION PLAN FOR THE COUNCIL DIRECTIVE 78/176/EEC, ON WASTE
FROM TITANIUM DIOXIDE INDUSTRY, AMENDED BY THE COUNCIL DIRECTIVE
82/883/EEC, COUNCIL DIRECTIVE 83/29/EEC AND COUNCIL DIRECTIVE
92/112/EEC
I.
Responsible Ministry (division of responsibilities)
Responsible Ministry:
Ministry of the Environment (hereinafter as ME)
Expert responsible :
Mrs. Vlastimila Mikulová, Head of the Waste
Management Department, ME
Mrs. Věra Dubanská, Waste Management Department,
ME
II.
Main objectives of the Directive
The main objectives of the directive on titanium dioxide industry are:
 Prevention and progressive reduction of the pollution caused by waste from the
titanium dioxide industry (hereinafter as waste) aiming at its full elimination,
 Approximation of the conditions for waste management and observing its impact on
the environment in the Member States,
 Unification of the definitions and of the concepts used for the description of the
disposal of wastes and its effect on environment pollution, laying down limits for
characterisation of undertakings and for emission of pollution in the environment.
Waste from the titanium dioxide industry is not included separately in the current legislation
of waste management in the Czech Republic. All individual provisions of the legislation on
the disposal of hazardous waste apply to this waste. The disposal of waste from titanium
dioxide industry will be provided separately in the new Act on Waste.
III.
Plan for meeting the requirements of the Directive
A.
Main requirements of the Directive 78/176/EEC (hereinafter as Directive)
1. Taking the measures to ensure that waste is disposed of without endangering human
health and without harming the environment (Article 2 of Directive)
2. Taking the measures to encourage the prevention, recycling and re-use of waste (Article 3
of Directive)
3. Taking the measures to fulfil the obligation of disposal of waste only when the pertinent
body of state administration, which respects set conditions, gives a permission with a
validity limited to a certain time period (articles 4, 5, 6 of the Directive)
4. Ensuring the periodic monitoring of waste and of the environment concerned having
regard to the environmental aspects of its disposal and taking the measures for the
improvement on the basis of the assessment of the monitoring (articles 7, 8 of the
Directive). The procedures of supervision and monitoring are defined in the Council
Directive 82/883/EEC.
5. Drawing up the programmes of progressive reduction and perspective elimination of the
pollution caused by the waste from titanium dioxide industry in the existing undertakings
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Implementation plan for the Council Directive 78/176/EEC, on waste from titanium dioxide industry, amended by the
Council Directive 82/883/EEC, Council Directive 83/29/EEC and Council Directive 92/112/EEC
and submitting these programmes to the Commission (articles 9, 10 of the Directive, the
Council Directive 83/29 EEC) under the provisions of the Council Directive 92/112.
6. New technological facilities for the manufacture of titanium dioxide must obtain an
authorisation before the start of their construction and a permit according to the new
prepared act on integrated prevention and reduction of the pollution (with expected effect
from 01/2003). The assessment of the impact on the environment (EIA) shall precede this
procedure (Article 11 of the Directive).
7. Horizontal requirements:
7.1 Appointment of competencies
7.2 Representation of the Czech Republic in the committee
7.3 Reporting
B.
Plan for implementation of the requirements
It is necessary to draw our attention to the fact that the Directive equivalently lays down
requirements for management and disposal of waste, wastewater and of the emissions of
harmful substances into the atmosphere. In the Czech Republic, the protection of the
environment from pollution by these waste products of manufacture is legally covered by the
following acts – Act on Water, Act on Waste, Act on Air and the respective implementing
decrees.
The head authority of the state authority, which is responsible for waste management
according to current legal regulations and according to the legislation intention of the Act on
Waste, is Ministry of Environment. The new Act on Waste shall lay down the responsibility
for the implementation of the Council Directive 78/176/EC.
1.
2.
a)
To take the necessary measures for disposal of waste by means, which are not
dangerous for human health and which are not harmful to the environment
To take the necessary measures to support prevention, recycling and recovery of
waste
Summary of the objective
The Council Directive 75/442/EC generally lays down the disposal of waste. Because
of major effects caused by uncontrollable disposal of waste (discharge, damping) and
throwing waste down into waters – releasing wastes into the environment – a new directive
has been adopted which requires building up of a new system protecting human health and
environment from harmful effects of waste. The directive requires adoption of provisions to
support prevention, recycling and recovery of waste in accordance with the strategy of waste
management in EU.
b)
Identification of implementation steps
Preparatory phase of implementation
 Analysis of the current state of legal regulations in the Czech Republic in compliance with
the requirements of the directive
The current and especially the newly proposed legislation require everyone generally to
prevent creation of new waste, to reduce its quantity and dangerous properties. Waste, which
cannot be prevented, must be recovered or disposed in a way, which does not endanger human
health or the environment.
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Implementation plan for the Council Directive 78/176/EEC, on waste from titanium dioxide industry, amended by the
Council Directive 82/883/EEC, Council Directive 83/29/EEC and Council Directive 92/112/EEC
Implementation phase
 Specification of objectives:
Include the requirements into the article wording of the new Act on Waste
Responsibility:
ME
Date:
06/2000, fulfilled

Periodical ensuring of data (collection, storage, evaluation) through keeping records finding out rate of waste recovery and disposal
Responsibility:
ME (CEI)
Date:
ongoing yearly
Enforcement
 Establishment and implementation of revision and enforcement system (under the act –
sanctions)
Responsibility:
ME (inspection bodies of the state administration)
Date:
ongoing

Training and information activities, public awareness – on the set priorities of the waste
management and meeting principles of the protection of the environment and the human
health.
Responsibility:
ME (CEI)
Date:
ongoing
Reporting
 Reporting to the Czech competent authorities – to the Czech Government
Responsibility:
ME
Date:
yearly on the basis of Report on the State of Environment
 Reporting to the EC
Responsibility:
ME
Date:
After accession to EU
3. Taking the measures to ensure that waste is disposed of only on the basis of the
authorisation, which is granted by competent body of the state administration, and
which respects the given conditions and its validity has a limited period
a)
Summary of the objective
In order to protect human health and environment from the harmful effects of
uncontrolled disposal of waste, a system of prior authorisations bound with special conditions
has to be introduced. Authorisation must be issued by the competent authority of the Member
State in whose territory the waste is disposed of and by the competent authority of the
Member State in whose territory the waste is discharged or dumped into watercourses.
The authorisation for the disposal of waste may be granted by the competent body of
the state administration under the Article 4 and Article 2 pursuant only to the information
submitted by the applicant in compliance with the Annex 1 of the Directive (Necessary
conditions for obtaining authorisation under Article No. 4, 5 and 6) and assuming that:
 The waste cannot be disposed of by more appropriate means
 An assessment carried out in the light of available scientific and technical knowledge
shows that there will be no deleterious effect, either immediate or delayed, on the aquatic
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Implementation plan for the Council Directive 78/176/EEC, on waste from titanium dioxide industry, amended by the
Council Directive 82/883/EEC, Council Directive 83/29/EEC and Council Directive 92/112/EEC
environment (in the case of discharge or dumping into the watercourses – Article No. 5),
that there will be no deleterious effects, either immediate or delayed, on the ground water,
soil, atmosphere (in the case of storage, tipping or injecting)
 There will be no deleterious effects on boating, fishing, leisure activities, the extraction of
raw materials, desalination, fish and shellfish breeding, on regions of special scientific
importance or on other legitimate uses of the waters or environment in question (Article
No. 5, 6).
Authorisation can only be granted for a limited time, authorisation can be renewed (Article
No. 4 (2) of the Directive).
b)
Identification of implementation steps
Preparatory phase of the implementation
 Analysis of the current state of legislation of the Czech Republic with respect to the
requirements of the Directive
Both the current and the newly proposed legislation for waste management lays down the
following requirements for producers and authorised persons – operators of the equipment for
disposal and recovery of any hazardous waste, to treat and operate the above mentioned
equipment only pursuant to an authorisation granted by the competent state administrative
authority for “all waste” (under the legislation intention of the Act on Waste). There is no laid
down duty for the state administrative authorities to issue the above-mentioned authorisations
for a limited period. It is supposed under the new proposed legislation, that the authorisation
for the disposal of waste and for the operating of the equipment in which waste is disposed of
shall expire if the yearly increase in manufacture of Titanium Oxide exceeds 15 000 tonnes.
For the purposes of discharge of waste into the atmosphere (polluting agents) the used
technologies have to be authorised by the authority for protection of the atmosphere (see
section11 of the Air Act) and the discharge of polluting agents has to be in compliance with
the existing emission limits set by a special decree (Decree No. 117/1997 Coll.).
A discharge of waste effluent (liquid waste) has to be realised only on the basis of
authorisation by authority for water management (section 8(1), letter c) of the Act on Water).
This authorisation has a specific expiration date and lays down the conditions under which the
authorisation is issued.
Dumping waste into water courses and other waters is not prohibited by the Act on
Waste, but is regulated (everyone is bound to take such measures as to prevent them from
leaking into surface water or ground water or endangering their quality) by means of special
regulations for protection of surface and underground waters (see section 25 of Act on Water,
Decree No. 6/1977 Coll.). The implementation regulations lay down the prohibited ways of
treatment of waste coming from the manufacture of TiO2. For this type of manufacture, there
will be a requirement for an integrated authorisation in compliance with newly prepared Act
on Integrated Prevention and Reduction of Pollution. It is also supposed that a request for
authorisation will have to be presented by the current operators until 01/04.
Implementation phase

Include the requirement of the directive into the new Act on Waste, i.e. not to link
duty to treat waste only on the basis of an authorisation issued by a pertinent authority of the
state administration to quantitative limits, to lay down a duty for the pertinent authorities of
the State Administration to issue authorisations for managing wastes and for operating the
equipment for waste management with a limited expiration date. Concurrently requirements
(in the implementation decree of the new Act on Waste) on the content of the waste disposal
authorisation request have to be laid down.
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Implementation plan for the Council Directive 78/176/EEC, on waste from titanium dioxide industry, amended by the
Council Directive 82/883/EEC, Council Directive 83/29/EEC and Council Directive 92/112/EEC
The requirements on the content of the authorisation request for waste disposal have to
comply with the Annex I of the Directive.
Responsibility:
Date:
ME
06/2000
Revision phase
 The authorisations for management and running of equipment for disposal of waste issued
by pertinent authorities to producers and to authorised persons has to be in compliance
with the requirements of the Directive, which shall be included into the provisions of the
new Act on Waste and into its legal regulation.
Responsibility:
ME
Date:
06/2000

Drawing up / modifying methodologies – methodology tool for execution of the state
administration (proformas of authorisations)
Responsibility: ME
Date:
01/2002
Enforcement
 Establishment and implementation of revision and enforcement regime (under the act –
sanctions)
Responsibility: ME (inspection bodies of the state administration)
Date:
after coming of the new Act on Waste into force

Laying down the instruments to encourage the implementation of the objectives – not
necessary
Responsibility: ME
Date:
yearly ongoing

Training and information activities, public awareness
Responsibility: ME
Date:
yearly ongoing
Reporting
 Reporting to the Czech competent authorities – to the Czech Government
Responsibility: ME
Date:
yearly on the basis of Report on the State of Environment

Reporting to the European Commission (EC)
Responsibility: ME
Date:
After accession to EU
4. Providing regular monitoring of waste and of environment, which has been affected
during the waste disposal process, and adopting measures to put it right on the basis
of its evaluation. The methods of supervision and monitoring are specified in the
Council Directive 82/883/EEC
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Implementation plan for the Council Directive 78/176/EEC, on waste from titanium dioxide industry, amended by the
Council Directive 82/883/EEC, Council Directive 83/29/EEC and Council Directive 92/112/EEC
a)
Summary of the objective
The article 7 lays down a requirement for Member States to take measures to ensure
supervision on disposal of waste and a requirement to monitor waste and the environment
affected by disposal of waste under the provision of the Annex II to the Directive. The
monitoring may be provided by one or more subjects authorised according to the Article 4 of
the Directive. In the case of transboundary pollution between Member States, the subject
providing monitoring shall obtain an approval from all the concerned countries.
The Directive 82/883/EC lays down procedures of supervision and monitoring of impacts on
environment from a physical, chemical, biological and environmental point of view. The
article 4 of this directive lays down duties of supervision of environment concerned and of the
nearby zone, which is considered as unaffected, and monitoring of part of the environment,
with a particular regard to concrete examples and conditions, periodically or continually. In
the directive and its annexes there are included following details concerning:
 Sampling (allocation and characteristic of the sampling point, frequency of
samples and their testing) and storage, transport and preparation for analysis of
samples
 Reference methods of analysis
 Summary of provided indicators (obligatory and facultative) for monitoring of
individual parts of the environment depending on the way of disposal
Content of a report (which has to be submitted to the Commission under Article 14 of
Directive 78/176/EC) and summary of information on every part of environment affected by
waste management is included in the Article 7. Member states are not obliged to act according
to the provision of this Directive in case of flood or other natural catastrophe or under
exceptional wind conditions.
The article 8 lays down duties for pertinent state authority to impose corrective measures or to
temporarily interrupt disposal of waste based on negative results of the monitoring, if
 The results of monitoring according to Annex II(A)(1) show that the conditions on the
authorisation for disposal of wastes under articles 4, 5, 6 of the Directive were not met
 The results of eco-toxicological analysis for acute toxicity under Annex II (A)(2) exceed
the given limit
 The results of monitoring under Annex II(B) show deterioration of the pertinent
environment
 The disposal of waste has deleterious effects on boating, fishing, leisure activities, the
extraction of raw materials, flora, fauna, desalination, fish, shellfish breeding and on areas
of scientific importance or other legal use of pertinent waters, of pertinent environment
If the matter concerns more than one member state, the provisions shall be adopted after a
consultation.
b)
Identification of implementation steps
Preparatory phase of the implementation
 Analysis of the current state of legislation of the Czech Republic with respect to the
requirements of the Directive:
In current legal regulations, there is no set duty for monitoring of parts of the environment
affected by disposal of waste. The amendment proposes that equipment for waste treatment
can be operated only with an authorisation of pertinent authority of state administration,
which shall also contain an authorisation of operating procedures of the equipment, which
shall also compulsorily contain a plan of monitoring of concerned parts of the environment.
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Implementation plan for the Council Directive 78/176/EEC, on waste from titanium dioxide industry, amended by the
Council Directive 82/883/EEC, Council Directive 83/29/EEC and Council Directive 92/112/EEC
The requirements of monitoring will be laid down in the implementing regulation to the new
act on waste. Neither current waste management legislation nor proposed legislation lays
down a duty to monitor by an authorised subject (who meets the set requirements) and the
consent of the pertinent body of the state administration. The procedures for supervision of
monitoring of parts of the environment affected by waste treatment are not established.
Methods of monitoring of the individual parts of the environment are laid down based on
other special regulations.
Implementing phase
 Specification of objectives:
Incorporation of the requirements of above mentioned directives into the article wording of
the new Act on Waste and its implementation regulations.
Responsibility:
ME
Date:
06/2000, fulfilled
Revision phase
 Authorisations issued by the pertinent bodies of the state administration for the subjects
monitoring the environment affected by waste disposal, shall meet the requirements of the
new Act on Waste. The requirements of the Directive pursuant to the procedures of
supervision and monitoring will be incorporated into the implementing regulations to the
new Act on Waste.
Responsibility:
ME
Date:
01/2002

Drawing up / modifying methodologies:
 Methodology tool for operation of the State Administration (samples of authorisations)
 Proposal of the monitoring networks and sampling programmes
Responsibility:
ME
Date:
01/2002
 Regular providing of data from monitoring (collection, storage, evaluation)
Responsibility:
ME
Date:
after adoption of the new Act on Waste

Yearly periodical revision of the extent of monitoring, allocation of territory and objects,
and of the adopted measures
Responsibility:
ME (competent authorities of the state administration)
Date:
after coming of the new Act on Waste into force, ongoing
 Realisation of the revised programmes of measures
Responsibility:
pertinent bodies of the state administration
Date:
after coming of the new Act on Waste into force, ongoing
Enforcement
 Lay down and implement the revision and enforcement regime (under the act – sanctions)
Responsibility:
ME (competent authorities of the state administration)
Date:
after coming of the new Act on Waste into force
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Implementation plan for the Council Directive 78/176/EEC, on waste from titanium dioxide industry, amended by the
Council Directive 82/883/EEC, Council Directive 83/29/EEC and Council Directive 92/112/EEC

Lay down instruments to support the implementation targets – fines for not meeting the
conditions for monitoring, which shall be included in the new Act on Waste
Responsibility:
ME
Date:
after coming of the new Act on Waste into force
 Training and information activities for the workers at the administration
Responsibility:
ME
Date:
yearly ongoing
Reporting
 Reporting to the Czech competent authorities – to the Czech Government
Submitting the information from monitoring of a competent body of state administration by
the means of regular reports on the results of monitoring and their evaluation
Responsibility:
ME
Date:
yearly after coming of the new Act on Waste into force (01/2002)

Reporting to the European Commission (EC) under the provision of the Article 13 of the
Directive
Responsibility:
ME
Date:
after accession to EU
5. Drawing up programmes for a gradual reduction and prospective elimination of
pollution by waste from the manufacture of Titanium Dioxide at the existing industrial
undertakings, and submitting them to the Commission under the procedures laid down
by the Directive 92/112/EEC
a)
Summary of the objective
Under article 9 of the directive Member states are obliged to draw up programmes for a
gradual reduction and prospective elimination of pollution by waste from the manufacture of
Titanium Dioxide by the existing industrial undertakings, and to implement it at latest until
1.1.1982. Programmes for protection of the environment have to contain information on its
conditions, the measures for reduction of pollution and ways of modification and disposal of
waste coming from the manufacture processes and also the general aims of reducing the
pollution by waste in solid, liquid (including waste effluent) or gas (emissions of polluting
agents in the atmosphere) state, which should have been reached at the latest until 1.7.1987.
Programmes have to include all of the existing industrial undertakings manufacturing
Titanium Dioxide and have to lay down reparative measures for every one of them.
Programmes should have been submitted to the Commission until 1.7.1980 and the
Commission (under Directive 78/176/EEC) should have submitted suitable proposals for
harmonisation of these programmes until 15.3.1983.
Commission considers the submitted programmes and provides authorisations for
some specific undertakings, where the state decided that corrective measures are not
necessary for compliance with the Directive. This authorisation is regularly reviewed on the
basis of the results of monitoring committed in compliance with the Directive and with regard
to any alteration of manufacture procedures or of the aims of programme on protection of the
environment. If the Commission does not agree to the views of the pertinent state, the state
has to include supplementary measures for this undertaking into the programme.
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Implementation plan for the Council Directive 78/176/EEC, on waste from titanium dioxide industry, amended by the
Council Directive 82/883/EEC, Council Directive 83/29/EEC and Council Directive 92/112/EEC
The procedures for harmonisation of programmes for reduction and prospective elimination of
pollution from the existing industrial undertakings aiming at improving conditions of competition in
the area of Titanium Dioxide industry are laid down by the Directive 92/112/EEC, whose
requirements are as follows”
 Provision of article 3 prohibits disposal of solid waste (strongly and weakly acidic as
defined by the Directive) by means of dumping into water capacities with operation from
15.6.1993 and provision of article 4 prohibits a discharge of waste (solid waste, strongly
acidic waste from a sulphate and chlorine processes and a waste formed from a
modification during the sulphate process) into inland surface waters, inland coastal waters,
territorial waters and into an open sea;
 Provisions of article 6 relate to protection of waters as follows: waste effluent from
manufacture of Titanium Dioxide discharged into surface waters may contain maximum:
 Sulphate process
800 kg SO42- per tonne of Titanium Dioxide
manufactured since 1.1.1994
 Chlorine process
130 kg Cl- per tonne of manufactured Titanium
Dioxide when using neutral rutile
228 kg Cl- per tonne of manufactured Titanium
Dioxide when using synthetic rutile
450 kg Cl- per tonne of manufactured Titanium
Dioxide when using slag since 16.6.1993
 Provisions of article 9 relate to protection of atmosphere as follows: emissions of polluting
agents in atmosphere from manufacture of Titanium Dioxide must not exceed:
 By sulphate process
 Solid matter – for large sources 50 mg/Nm3, for other sources 150
mg/Nm3 since 1.1.1994,
 SOx (coming from digestion and calcining operations) 10 kg equivalent to
SO2 per tonne of manufactured Titanium Dioxide since 2.1.1995,
 SOx (coming from thickening of acidic waste) 500 mg/Nm3 equivalent to
SO2 per tonne of manufactured Titanium Dioxide)
 By chlorine process
 Solid matter – for large sources 50 mg/Nm3, for other sources 150
mg/Nm3 since 16.6.1993,
 Cl- 5 mg/Nm3 – average daily concentration since 16.6.1993
 Cl- 40 mg/Nm3 – maximum daily concentration since 16.6.1993
Provisions of Article 10 imply responsibility for Member States to monitor the above values
for waste effluent and emissions into air in accordance with the real production of each
undertaking. Method of reference measurement of emissions of SOx is laid down in the annex
of the Directive.
b)
Identification of implementation steps
Preparatory phase of implementation
 Analysis of the current situation in compliance with the requirements of the Directive:
Current legislation misses a duty to prepare any programmes. In newly proposed legislation, it
is proposed that the manufacturer of Titanium Dioxide, who shall as a generator of the waste
prepare the plan for waste management, should also include solutions (procedures) for
disposal of pollutants in the atmosphere, reducing pollution of discharged waste effluent,
including the way of monitoring of parts of environment affected be these wastes, into the
plan. The manufacturer of Titanium Dioxide is bound to check the above-mentioned values
for discharged effluent waste and values for emission of polluting atmosphere by the means
and in the extent laid down by the implementation decree and by the plan for waste
management. The producer shall report the obtained information to the competent body of
state administration as often as laid down by the implementing decree.
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Implementation plan for the Council Directive 78/176/EEC, on waste from titanium dioxide industry, amended by the
Council Directive 82/883/EEC, Council Directive 83/29/EEC and Council Directive 92/112/EEC
Implementation phase
 Specification of objectives:
Include the requirements of the Directive into the article wording of the new Act on Waste
and its implementation decrees. Not to restrict duty of the producer of waste from
manufacture of Titanium Dioxide to draw up a plan for waste management by any
quantitative limits. Plans for waste management shall generally also contain, for all types of
waste, solutions (procedures) for preventing generation of new waste, emissions of polluting
agents into atmosphere and reducing pollution of discharged effluent waste, including a
method of monitoring of parts of environment affected by these outputs. This approach is not
only generalisation of the requirements of the Directive 92/112/EC, but also an application of
Decision of the Government on cleaner production. Commission demands information on
meeting of the requirements of the programmes for waste management once every three years
– this frequency should be accounted for in brief programmes of waste management.
Revision phase
 Revision of manufacturers and authorised persons by competent bodies of the state
administration
Responsibility:
ME
Date:
01/2002

Regular provision (collection, storage, evaluation) of data – evaluation of monitoring of
the set values for discharge of effluent waste and of values for emissions of polluting
agents into the air
Responsibility:
pertinent body of the state administration (ME)
Date:
yearly after coming of the Act on Waste into force
 Periodic revision of aims, specification of territory, objects and of adopted measures
Responsibility:
(competent body of the state administration) ME
Date:
yearly after coming of the Act on Waste into force
 Realisation of revised programmes of measures
Responsibility:
ME
Date:
yearly after coming of the Act on Waste into force
Enforcement
 Lay down and implement revision and enforcement regime (under the act – sanctions)
Responsibility:
ME (control bodies of the state administration)
Date:
after coming of the Act on Waste into force
 Training and information activity for workers at the state administration
Responsibility:
ME
Date:
ongoing every year
Reporting
 Reporting to the Czech competent authorities – to the Czech Government
Responsibility:
ME
Date:
yearly after coming of the new Act on Waste into force
 Reporting to the European Commission (EC)
Responsibility: ME
Date:
after accession to EU
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Implementation plan for the Council Directive 78/176/EEC, on waste from titanium dioxide industry, amended by the
Council Directive 82/883/EEC, Council Directive 83/29/EEC and Council Directive 92/112/EEC
6. New technological facilities for manufacture of Titanium Dioxide have to be
authorised before start of the construction. The authorisation has to be preceded by an
evaluation of the effects on the environment
a)
Summary of the objective
New technological facilities (new industrial undertakings) must obtain a special
authorisation (an authorisation of pertinent body of the state department), which has to be
preceded by a study on the effects on the environment and may be only issued to the objects,
which shall use such materials, procedures and techniques that are commercially reasonable
and are least harmful to the environment.
b)
Identification of implementation steps
Preparatory phase of implementation
 Analysis of the current situation with regard to the requirements of the Directive:
Both current and new legislation on waste management do not contain any institute, which
would influence the start of construction of the selected technologies.
Legal regulations for waste management lay down a duty for the state administration, which
issues an authorisation on use of the construction, or on equipment for waste treatment under
special regulations (Construction Act), not to issue the authorisation, unless the applicant
would submit an authorisation for operation of the equipment, which is also an authorisation
of the operation regulations of the equipment.
Environment impact assessment (hereinafter as EIA) is covered by Act No. 244/1992 Coll.
and is included in construction procedures for laid down objects. Manufacture of Titanium
Dioxide is not exclusively included among constructions, activities and technologies under
the act, but is subject to point 6.3 of the Annex 1 of the mentioned act, which makes chemical
manufacture with production exceeding 200 t/year subordinate to the procedures of evaluating
the impacts on environment.
With regard to the protection of air both pertinent technologies and the construction of
equipment for manufacture of Titanium Dioxide is included in the Act on Atmosphere in the
provisions of section 11, which specifies the area of activities subordinate to the authorisation
of body for protection of atmosphere, which contains the conditions for protection of air. The
mentioned authorisation of a body for protection of atmosphere under par.1 letter a), b), c), f)
of the Air Act is fully in compliance with the Directive.
Both current and new legislation on waste management do not contain any institute for
authorisation of construction and location of new technologies by a pertinent authority.
Bodies of state department for protection of environment (including the bodies of state
department for waste management) are these bodies under the procedures of evaluation of
EIA. 'Land use decision’ in the frame of construction procedures which is based on EIA
procedures complies with the requirement of the Directive. The new institute included in the
Act on Waste seems as redundant from this point.
Implementation phase
 Specification of objectives:
To ensure under the amendment of act No. 244/1992 Coll. that manufacture of Titanium
Dioxide is exclusively included among the technologies subordinate to the EIA procedures
and most of all to include it in the Act on Integrated Prevention and Reducing Pollution.
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Implementation plan for the Council Directive 78/176/EEC, on waste from titanium dioxide industry, amended by the
Council Directive 82/883/EEC, Council Directive 83/29/EEC and Council Directive 92/112/EEC
Responsibility:
Date:
ME
06/2000
Revision phase
 Authorisations issued by pertinent bodies of state department to the applicants requesters,
who are preparing a construction of new technological facilities manufacture of Titanium
Dioxide, have to be in compliance with the requirement of the Directive, which shall be
included in the provisions of new Act on Waste.
Responsibility:
ME
Date:
1/2002

Drawing up / modifying methodologies– methodological tool for execution of the state
administration (examples of authorisations)
Responsibility:
ME
Date:
01/2002
Enforcement
 Laying down and implementing revision and enforcement regime (under the Act –
sanctions)
Responsibility:
ME (control bodies of the state administration)
Date:
after coming of the new act into force
 Training and information activity for workers at the state administration
Responsibility:
ME
Date:
ongoing every year
Reporting
 Reporting to the Czech competent authorities – to the Czech Government
Responsibility:
ME
Date:
yearly with Report on the State of Environment

Reporting to the European Commission (EC) under the provisions of the Article 13 of the
Directive
Responsibility:
ME
Date:
after accession to EU
7.
Horizontal requirements
7.1
C1c
Responsibilities
Apart from the responsible authority – ME – generally responsible for meeting the
requirements of the Directive it is also necessary to lay down an institution(s) –
(region as an institution with delegated authority), that will implement the separate
requirements of the Directive (evaluation and monitoring of the environment
affected by the waste from the manufacture Titanium Dioxide and of programmes
for gradual reducing and prospective elimination of pollution by waste from
manufacture of Titanium Dioxide), and which shall also supervise the meeting of
the requirements.
Responsibility:
ME
Date:
06/2000
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Implementation plan for the Council Directive 78/176/EEC, on waste from titanium dioxide industry, amended by the
Council Directive 82/883/EEC, Council Directive 83/29/EEC and Council Directive 92/112/EEC
IV.



V.
7.2
Representation of the CR in the Committee
It implies from the provisions of article 10 of the Directive 82/883/EC that a
committee for adaptation to technical progress is being formed, which shall consist
of delegates from member states and chairman is a representative of the
Commission. It shall be required to ensure representation of CR in the Committee.
Responsibility:
ME
Date:
after accession to EU
7.3
Reporting
Member states shall submit all the necessary information to the Commission in
compliance with article 13 of the Directive 78/176/EC. Article 14 of the mentioned
directive lays down a duty for member states to draw up once in three years a report
on prevention and gradual reducing of pollution from waste from manufacture of
Titanium Dioxide and shall submit it to the Commission, which shall inform other
member states. In compliance with article 15 member states shall submit a report on
measures necessary to meet the requirements of the Directive and shall provide
information to the Commission on the newly adopted national acts concerning the
areas covered by this Directive.
Responsibility:
ME
Date:
after accession to EU
Requirements to the date of accession
Transposition of all the requirements of the Directive into new Act on Waste and into its
implementing decrees
Coming of the new Act on Waste into force (presumably from 1.1.2002)
Reporting to the Commission
Current state
Provisions of the Act on Waste No. 125/1997 Coll. as amended and its implementing
decrees do not mention exclusively the problem of treatment of waste coming from
manufacture of Titanium Dioxide (the same for Act on Water and Air Act), but are generally
60-70% in compliance with the requirements of the Directive.
Only one undertaking operates in the Czech Republic that manufactures TiO2 –
Precheza Přerov. To ensure a competitive strength on the world markets, where it is necessary
to comply with respective directives, Precheza proceeds with technological measures to meet
the requirements of directives in such a way that the limits for discharge of pollution shall be
fully met in 2000. Requirements of directives shall be transposed into the new Act on Waste
and its implementing decree. Manufacture of TiO2 shall also be subordinate to the
authorisation procedures under the Act on Integrated Prevention and Reducing Pollution. The
undertaking uses a sulphate manufacture process, yearly capacity is 30 000 tonnes/year.
Arising solid wastes are mostly recovered by the undertaking or are handed over for use.
C1c
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Implementation plan for the Council Directive 78/176/EEC, on waste from titanium dioxide industry, amended by the
Council Directive 82/883/EEC, Council Directive 83/29/EEC and Council Directive 92/112/EEC
VI.
Identification of problem areas, proposed measures
Problematic area 1
- Disposal of all waste from manufacture of Titanium Dioxide on the basis of an authorisation
from a pertinent body of state administration
Solution proposal: adoption of the new Act on Waste and of its implementing decrees with
included requirement of the Directive, and further meeting of provisions of the act and of its
implementing decrees concerning this requirement by the subjects concerned.
Problematic area 2
- Ensure regular monitoring of waste and affected environment during waste disposal,
evaluation of results of monitoring and during laying down measures for remedy.
Solution proposal: adoption of the new Act on Waste and of its implementing decrees with
included requirements of the Directive, implementation of monitoring by authorised subjects,
evaluation of the monitoring by a pertinent body of state administration, and laying down
measures for remedy if necessary.
Problematic area 3
- Drawing up programmes for gradual reduction and prospective elimination of pollution by
waste from manufacture of Titanium Dioxide at the existing industrial undertakings.
Solution proposal: adoption of the new Act on Waste and of its implementing decrees with
included requirement of the Directive, and further drawing up of the above mentioned
programme by the subject concerned (Precheza, a.s.). This is already almost done.
VII. Identification of stakeholders and their involvement in the
approximation process
Group of interest, which is affected by the implementation of the Directive, consists of
producers of waste from manufacture of Titanium Dioxide (Precheza, a.s.), persons authorised
for treating these waste and competent bodies of state administration. Their involvement in
the approximation process is enabled by their presence in the entire consultation process
during the preparation and ratification of new legislation on waste management and during
preparation of the basis for drawing strategy of waste treatment on national level.
Implementation of the Directive requirements is not difficult with both respect to personnel
and factual point of view, because of a narrow specialisation of the Directive to a closed range
of waste, because of only one manufacturer - Precheza, a.s., Přerov and because of current
compliance of the existing legal regulation with the Directive. The matter to deal with is
mostly revision during enforcement of the new legal regulation and ensuring reporting to the
Commission.
VIII. Institutional, material and personnel needs
a)
Institutional and material needs
Implementation of the requirements of the Directive with regard to a narrow specification of
the Directive on a limited type of waste and to current compliance of existing legal
regulations with the Directive is not difficult, not even from personnel or practical point of
view. It mainly represents a revision activity during enforcement of a new legislation and
during securing of communication with the Commission.
C1c
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Implementation plan for the Council Directive 78/176/EEC, on waste from titanium dioxide industry, amended by the
Council Directive 82/883/EEC, Council Directive 83/29/EEC and Council Directive 92/112/EEC
Incidental requirements on strengthening of personnel are covered in the implementation plan
of the Directive 75/442/EC on waste.
IX.
Costs and financial resources
a)
Estimated requirements for additional expenditures of the State budget (million CZK)
– see the Implementation plan of the framework Council Directive 75/442/EC, amended by
the Council Directive 91/156/EC. The Implementation plan is necessary to be considered with
regard to the altered organisation of state administration.
Note: because provisions of the Directive are closely related to the framework Council
Directive on Waste 75/442/EC, amended by a Council Directive 91/156/EC, all financial
requirement shall be included in the Implementation plan of this Directive. The
implementation of directives on waste from manufacture of Titanium Dioxide itself requires
permanently, apart from new legislation, only expenditures of 1/4 of an average salary of a
regular state official.
b)
Estimated required investments into private sector – no further increase of the current
state is expected (in 2000 the requirements of the Directive will be met).
X.
Economic impacts
Are not specified, further specification of economic and investment impacts shall be covered
by PHARE CZ 9811-02-02 “Implementation / Investment Strategies for EC Waste
Directives”
XI.
Project identification
A. Authorised projects
EC-PHARE Project CZ 9811-02-02 “Implementation / Investment Strategies for EC Waste
Directives”
B. Prepared projects
There are no projects being prepared.
List of Acronyms
CEI
CR
CZK
DWM
EIA
ME
C1c
Czech Environmental Institute
Czech Republic
Czech crown
Department of Waste Management of ME
Environmental Impact Assessment
Ministry of the Environment
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