Unauthorized translation by CECED Slovakia
733
ACT
from December 2, 2004
by which the Act No. 223/2001 of Coll. On Waste and On Amendment of
Certain Acts as amended by subsequent provisions and On Amendement of Certain
Acts is amended
The National Council of the Slovak Republic has adopted the following Act:
Article I
Act No. 223/2001 of Coll. On Waste and on Amendment of Certain Acts in version of
Act No. 553/2001 of Coll., Act No. 96/2002 of S. b., Act No. 261/ of Coll., Act No.
393/2002 of Coll., Act No. 529/2002 of Coll., Act No. 188/2003 of Coll., Act No.
525/2003 of Coll., Act No. 24/2004 of Coll. and Act No. 443/2004 of Coll. is amending
as following:
1. In Section 1 par. 3 is complemented with letter f) which says:
“f) handling of electrical and electronic appliances (hereinafter only “electrical
appliance”) and of waste from them that are entirely intended for purposes of armed
forces or connected with defence of important concerns related to safety of Slovak
republic.”.
2. In Section 2 par. 15 following words are attached at the end: “and take-back place of
electrical appliance according to Section 54a par. 14”
3. In Section 7 par. 1 is complemented with letter r) which says:
“r) collection or treatment of waste of Electrical Appliances.”.
4. In Section 7 par. 2 letter a) conjunction “or” is replaced with comma and after word
“l)” words “p) or r)” are inserted.
5. In Section 7 par. 3 the conjunction “and” in the introductory sentence is replaced with
comma and after letter “h)” comma and words “l) and r)” are inserted.
6. In Section 8 par. 3 letter d) is released.
Existing letter e) is as letter d).
7. In Section 18 par. 3 letter i) is released.
Existing letters j) to o) are as letters i) to n).
8. In Section 39 par. 4 words “and electric waste from households” are inserted after
words “minor construction waste”.
9. In Section 39 par. 6 following words are attached at the end of the first sentence: “and
except for costs of separated collection system of Electrical Appliances’ waste
(hereinafter only “electric waste”) from households (Section 54a par. 4)”.
The original text of the Section 39 par. 6 is as following: Municipality uses for
financing of the costs of handling of municipal waste and small building waste local fees
except for cases under section 18 par. 7 or par 9. The yield of local fee is solely used for
financing of the costs of handling of municipal waste and small building waste, in
particular for collection, transport, recovery and dispose.
10. In Section 39 par. 12 letter a) words „and minor construction waste“ are released.
11. Section 39 is complemented with par. 15 which says:
“(15) Municipality is obliged to allow to the producer of electric appliances to set up
and operate a separated collection system of electric waste on its territory and to use
equipments intended for collection of municipal waste in the extent required for this
purpose; if municipality does not have this ability, it is obliged to allow to the producer
of electric appliances to set up in mentioned extent equipments intended for collection
of electric waste from households on its territory. Municipality has a claim for cost
compensation resulted from the procedure according to the first sentence”.
12. In Section 44 par.2 second sentence, Section 44a par. 1 second sentence, Section 46
par.1 second sentence, Section 46 par. 2 second sentence, Section 48 par. 1 second
sentence and Section 48 par- 2 second sentence words “for which” are replaced by
word “which”.
13. Section 45 is released.
14. Section 47 is released.
15. In Section 49 par. 7 words “preparation for recovery or disposal” are replaced by
words “recovery or preparation for disposal”.
16. In Section 51 par. 3 letter. a) following words are attached at the end: “confirmed by
authorized local council of environment.
17. In Section 51 par. 3 letter c) is released.
Existing letter d) is as letter c).
18. New part seven is inserted after part six which says:
PART SEVEN
ELECTRICAL APPLIANCES AND ELECTRIC WASTE
Section 54a
Basic provisions
(1) General provisions of this Act regulates the treatment of electric waste, handling of
electric waste and handling of waste from electric waste treatment, if it is not set
down differently in this part of the Act.
(2) Electrical Appliances mean devices which need electric current or electromagnetic
field for their functioning and devices designated to produce, transmit and meter
electric current or electromagnetic field falling under the categories set out in Annex
3a and designed for use under electric current not exceeding 1000 V for alternating
current and 1500 V for direct current.
(3) Electric Waste means any Electrical Appliance which is waste within the meaning of
Section 2 par. 1 including all components, construction parts and consumable parts
which are part of the product at the time of discarding.
(4) Electric Waste from private households means any Electric Waste which comes from
private households and from commercial, industrial, institutional and other sources
which, because of its nature and quantity, is similar to that from households.
(5) Prevention means measures aimed at reducing the quantity and harmfulness to the
environment of Electric Waste and materials and substances contained therein.
(6) Reuse of Electric Waste means any operation by which Electrical Waste or
components thereof are used for the original purpose without foregoing recycling.
(7) Recycling of Electric Waste means the reprocessing in a production process of the
waste materials for the original purpose or for other purposes. Recycling does not
mean the recovering of Electric Waste by the operation R1 within the Annex 2.
(8) Treatment of Electric Waste means any activity carried out after Electric Waste has
been delivered to subject processing Electric Waste for depollution, disassembly and
shredding for the purpose of retrieving components, construction parts, consumable
parts, materials and substances and any other activity carried out in order to
recovery, reuse or disposing in an environmentally sound way.
(9) Subject processing Electric Waste means any entrepreneur who was given an
authorization for treatment of Electric Waste by the ministry according to Section 8
par.3 letter d).
(10) Producer of Electrical Appliances means any person who, irrespective of the selling
technique used, including by means of electronic communication with the exception
of person acting entirely in accordance with finance agreement.
a) manufactures and sells Electrical Appliance under his own brand
b) resells under his own brand equipment produced by other suppliers, a reseller
not being regarded as the producer if the brand of the producer appears on the
equipment, as provided for in letter a) or
c) imports Electrical Appliance into Slovak republic.
(11) Distributor means for the purpose of this Act corporate body or private individual –
entrepreneur who sells Electrical Appliance to consumer.
(12) Market introduction of the Electrical Appliance means for the purposes of this Act a
moment when the Electrical Appliance produced in Slovak republic is offered for the
first time for selling, distribution or using to be paid or free of charge, or when
Electrical Appliance is an object of the transfer of property rights for the first time;
import of Electrical Appliance is also regarded as market introduction.
(13) Finance agreement means for the purpose of this Act any loan, lease, hiring or
instalment selling agreement or other deferred sale arrangement relating to any
Electrical Appliance whether or not the terms of that agreement or arrangement or
any collateral agreement or arrangement provide that a transfer of ownership of that
Electrical Appliance will or may take place.
(14) Re-collection means the recapturing of Electrical Appliance from households from
the owner when the new Electrical Appliance is sold on the basis of the exchange
unit per unit if the returned Electrical Appliance is same category and functionality
as sold Electrical Appliance.
(15) Separate collection means the collection of Electric Waste according to classification
within Annex 3a; special category for the purposes of separate collection is formed
by lighting equipments containing mercury.
Section 54b
Obligations of Producers of Electrical Appliances
(1) Each producer is obliged
a) to ensure that each Electrical Appliance is designed and produced in a way
facilitating its disassembly and recovery, particularly its reuse and recycling, in
particular producer is not allowed to use specific structural components or
production methods which would prevent from the reuse of Electric Waste
whereas these specific structural components or production methods do not
provide significant advantages with respect to environment protection or requests
for ensuring safety and health,
b) while being introduced to the market mark the Electric Appliance or its packaging
or mark the tax or any other similar document issued by selling process with data
from which it is possible to identify person who introduced Electrical Appliance
to the market and data whether Electrical Appliance was introduced to the market
before or after August 13, 2005; this obligation is not referred to the lighting
equipments,
c) to introduce to the market for the purpose of recollection or separate collection
Electrical Appliance identified by graphic symbol set down by generally binding
legal act [Section68 par. 3 letter u)]; this obligation is not referred to the lighting
equipment; if such identification is not possible due to the size or function of the
given appliance, packing, user manual or warranty certificate shall be identified,
d) to ensure that no Electrical Appliance falling under categories 1 to 7 and 10 set
out in Annex 3a and fluorescent lamps or home lighting devices contain materials
or components containing lead, cadmium, mercury, polybromic biphenyl (PBB),
polybromic diphenylether (PBDE) or six valency chromium, except for set down
cases [Section 68 par. 3 letter. u)] while being introduced to the market ; this
request is not referred to spare components designated for repairs or reuse of
Electrical Appliances whose original materials and components might contain
lead, cadmium, mercury, polybromic biphenyl (PBB), polybromic diphenylether
(PBDE) or six valency chromium,
e) to ensure recollection of Electrical Appliance and separate collection of Electric
Waste from originator individually or collectively with the exception of historical
waste which is not regarded as Electric Waste from households
f) to carry out obligations according to Section 54e par. 1, Section 54g par. 1 in
order to follow-up the system of recollection and separate collection,
g) to preferentially reuse recollected Electrical Appliance and Electric Waste from
separate collection as a whole otherwise deliver it to subject processing Electric
waste or to collection facilities if this facility provides collection of Electric Waste
only for subject processing Electric Waste,
h) to carry out separate collection and delivery of collected Electric Waste to subject
processing Electric Waste in order not to aggravate reuse or recycling of Electric
Waste,
i) to provide at least performance of the set down limits for recovery of Electric
Waste and reuse and recycling of components, materials and substances set down
by provision of the Government of Slovak republic,
j) to provide all information necessary for treatment of Electric Waste in
environmentally sound way to subject processing Electric Waste, particularly all
information concerning dangerous substances6969, reusing and recycling
possibilities or disposal methods; the said information must be made available for
every single Electrical Appliance within one year following its market
introduction and published in user manuals, provided on electronic data carrier or
via means of electronic communication.
k) to inform consumers about the requirement no to dispose Electric Waste together
with unsorted municipal waste but deliver it to for that intended facilities and
about their role in reuse and material or other way of recovery of Electric Waste
and about potential impacts of Electric Waste on environment and human health
as a result of contained dangerous substances therein and about graphic symbols’s
significance stated in letter c),
l) to apply in ministry for its inclusion to Register of producers of Electric
Appliances within 30 days after getting started,
m) to state in the application for registration to the Register of producers of Electric
Appliances if he acts as private individual – entrepreneur, the following:
1. business name and business address
2. first name and surname, birthday, permanent address
3. identification number
4. information about joining collective system of recollection, separate
collection or handling of Electric Waste, if he is not carrying out his
obligations individually
5. amount and type of guarantee in case of individual performance of
obligations of producer of Electrical Appliances.
6. the category of Electric Appliance being introduced to the market by him
n) to state in the application for registration to the Register of producers of Electric
Appliances if he acts as corporate body, the following:
1. business name and registered office
2. identification number
3. information about joining collective system of recollection, separate
collection or handling of Electric Waste, if he is not carrying out his
obligations individually
4. amount and type of guarantee in case of individual performance of
obligations of producer of Electrical Appliances.
Section 3 par. 3 of Act No. 163/2001 on chemical substances and chemical preparations
as amended
69
5. the category of Electric Appliance being introduced to the market by him
o) to inform of any change of information stated in the application for registration to
the Register of producers of Electric Appliances within 30 days after the change
occurs,
p) to keep record and on the basis of the record report for the previous year till
March 31 of next year to the Ministry the following:
1. amount of Electrical Appliances by category introduced to the market,
amount of Electrical Appliance sold for use in households respectively,
2. amount of Electric Waste collected by category, amount and category of
Electric Waste from households respectively,
3. amount and category of Electric Waste collected and reused,
4. amount and category of Electric Waste recycled and recovered,
5. amount and category of Electric Waste collected and exported,
6. performance of the set down limits according to letter i);
r) to publish within a year following market introduction information about reuse
and treatment of each new type of Electrical Appliance.
(2) The amount under par. 1 letter p) is stated in kilograms.
(3) Confirmed recovery, reuse or recycling of Electric Waste even on the territory of
another Member State of European Union are considered as performance of the set
down limits according to par. l letter i). In case of export of Electric Waste to the
territory of non-member state of European Union, recovery, reuse or recycling are
considered as performance of the set down limits if exporter is able to prove that
these activities were carried out under conditions comparable with conditions set
down by this Act.
Section 54c
Distributor’s obligations and consumer’s right
(1) Distributor carrying out recollection is obliged to inform consumer about it in
common way.
(2) Distributor is obliged to carry out recollection free of charge. Distributor is able to
refuse recollection if delivered Electrical Appliance does not contain basic
components, contains Electric Waste, or presents a health and safety risk for
personnel.
(3) Distributor who carries out recollection is obliged to carry out recollection of
Electrical Appliances and delivery them to subject processing Electric Waste in
order not to aggravate reuse or recycling of Electric Waste.
(4) Consumer is authorized to deliver Electrical Appliance to the recollection system or
Electric Waste to the system of separate collection free of charge.
Section 54d
Obligations of subject processing Electric Waste
Subject processing Electric Waste is except for obligations according to Section 19 of
this Act obliged
a) to choose the best available technologies for construction of new facilities
processing Electric Waste or for modernization of existing facilities taking
appropriate expenses for procurance and operation into account,
b) to put into operation and operate machines and appliances processing Electric
Waste in compliance with effective documentation and terms defined by
approval of local authority of environment published under Section 7 par. 1.
letter r),
c) to take remedial measures imposed by appropriate state administration authority
of waste management (Section69),
d) to keep operating documentation about processing of Electric Waste,
e) to keep and store record of amount and categories of accepted processed
Electric Waste and methods of processing in specified extent,
f) to report specified record information to the producer of Electrical Appliance
and Recycle fund quarterly,
g) to handle Electric Waste in order mainly to eliminate substances harmful for
environment, exclude all liquids and components from Electric Waste
preferentially, take measures to reduce negative impacts on environment,
h) to ensure entire processing of Electric Waste including reuse of parts of Electric
Waste and recovery of waste from processing of Electric Waste mainly by
recycling as well as disposing of useless residues,
i) to publish terms of accepting of Electric Waste for processing,
j) to accept Electric Waste for processing from households free if charge or
without requiring of any charge from final user in its own operation point,
k) to meet the obligations of the originator of waste with respect to produced waste
by himself,
l) to store and process Electric Waste according to specified technical
requirements.
Section 54e
Handling of WEEE from households
(1) Producer of Electrical Appliances is obliged bearing all costs to ensure individual
or collective management of collected Electrical Waste from households when this
originate from Electrical Appliances of his production, sale or import introduced
to the market after August 13, 2005.
(2) Producer of Electrical Appliances is obliged bearing all costs to ensure collective
management of Electrical Waste from Electrical Appliances introduced on the
market before 13th August 2005 (hereinafter referred as the “historical waste”)
from households which was handed in during the previous calendar year and
according to market share of producers of Electrical Appliances set by the ministry
for each category of Electrical Appliances in calendar year. This is done based on
reports as stated in Section 54b par. 1 letter p).
(3) When selling an electrical appliance, producer of Electrical Appliances is
authorized to indicate the amount of recycling fee intended for cost compensation
of handling of historical Electric Waste from household originated from these
Electrical Appliances on the electrical appliance or on its packaging or label or on
tax or other similar document issued by selling procedure. Amount of recycling
fee must reflect real costs of management of WEEE. After stated deadline (Section
8 par. 21) it is forbidden to indicate recycling fees on Electrical Appliances.
(4) Obligations according to par. 1 apply also to producers of Electrical Appliances
who introduce Electrical Appliances on the market by means of electronic
communication in case that site of benefits or destination is in Slovak Republic.
(5) Specifications of Section 39 except par. 4 and 5 (applicable accordingly) and par.
15 do not apply to Electrical Waste from households which is a municipal waste.
Section 54f
Handling of Electrical Waste which is not Electrical Waste from households
(1) Producer of Electrical Appliances is obliged bearing all costs to ensure individual
or collective management of collected Electrical Waste which is not Electrical
Waste from households when this comes from Electrical Appliances of his
production, sale or import introduced to the market after August 13, 2005.
(2) Producer of Electrical Appliances is obliged bearing all costs to ensure individual
management of collected Electrical Waste which is not Electrical Waste from
households if this Electrical Waste comes from electrical appliance of the same
category or the same functional specification as the substitutional electrical
appliance at the moment of the sale.
(3) Management of historical Electrical Waste, which is not Electrical Waste from
households and is not mentioned in par. 2, shall be ensured by its owner.
Section 54g
Handling of Electrical Waste from light sources
(1) Management of Electrical Waste according to Annex 3a point 5 shall be assured
by producer of light sources with no difference in place of waste origin or date of
light source’s launched on the market. This can be done individually or
collectively.
(2) Section 54 par. 4 applies on producer of light sources as well.
Section 54h
Common provision
(1)
Producer of Electrical Appliances, who fulfill their obligations individually
according to Section 54e par. 1 and Section 54f par. 1 and producer of light
sources who fulfill their obligation individually according to Section 54g par. 1 is
obliged when introducing electrical appliance on the market to provide a guarantee
for ensuring these responsibilities. Guarantee has to have a form of blocked bank
account or appropriate insurance. Amount of the guarantee shall be set as a sum of
number of appliances in categories and adequate rate.
(2) Collective assurance of re-collection, separated collection and handling of
Electrical Waste does not free producer of responsibility for fulfilling stated limits.
(3) Producer of Electrical Appliances can sign a contract with municipalities about
establishment and operation of system for separated collection on their territories.
Section 54i
Contribution to Recycle Fund for Electrical Waste
(1)
Producer of Electrical Appliances is obliged to contribute to Recycle Fund for
Electrical Appliances of amount equal to Electrical Waste for which he did not
ensure collection of Electric Waste and its recovery, reuse or recycling
individually or collectively according stated limits [Section 54b par. 1 letter i)];
fee is payable according to Section 56 par. 1 per quarter.
(2) Producers of Electrical Appliances who introduce products on Slovak market
have to pay the fee and are responsible for correctness of its calculation.
(3)
Producer of Electrical Appliances pays the fee according to Section 41 par. 13
and 14.
(4)
Producer is obliged to register in Recycle Fund not later than 30 days from the
beginning of his activities, notify Recycle Fund of changes in data required for
registration and enable authorities of state surveillance in waste industry (Section
73) to control their registration in Recycle Fund, correctness of fee calculations
and its payment.
(5)
Producer of Electrical Appliances is obliged to
a) keep and store files about amount of his production, import, export and reexport,
b)
report stated information of the evidence to Recycle Fund and to
competent Regional Office of Environment and to do this per quarter.
Existing 7th to 10th parts are as 8th to 11th.
19. In Section 55 par. 1 letter e) is as: „e) Electrical Appliances (Section 54i)“.
20. In Section 55 par. 1 letter g) is released.
Existing letters from h) to k) are as letters g) to j).
21. In Section 55 par. 2 letter g) is released.
Existing letters from h) to l) are as letters g) to k).
22. In Section 58 par. 2 the word „seventeen“ is replaced by the word „sixteen” and in
letter a) the word „eleven“ is replaced by the word „ten“ and words “letter a) to k)
are replaced by words “letter a) to k)”.
23. In Section 62 par. 1 letter a) 5 is as following: „5. introducing Electrical Appliance on
the market (Section 54a par. 12), “.
24. In Section 62 par. 1 letter a) point 7 is released.
Existing points 8. to 11. are as points 7. to 10.
25. In Section 67 par. 2 the conjunction “and“ is replaced with comma and words “and
Slovak Inspection of Commerce (Section 72b) are added at the end.
26. In Section 68 par. 2 letter d) words “and Register of producers of Electrical
Appliances [Section 54b par. 1 letter l)]“ are added after words “(Section 40a par. 3)“.
27. In Section 68 par. 2 is completed with letters u) to z) as follows:
„u) register producer of Electrical Appliances in the Register of producers of
Electrical Appliances and issue certificate about this registration,
v) administer the evidence of information stated in accordance with Section 54b par.
1 letter p),
z) set market share of producers of Electrical Appliances based on data reported in
accordance with Section 54b par. 1 letter p) point 1.
28. In Section 68 par. 3 letter p) words “letter m)“ are replaced with words “letter l)“.
29. In Section 68 par. 3 is completed with letters u) and v) as follows:
„u) details about handling Electrical Appliances and Electrical Waste, about treatment
and storage of Electrical Waste, about marking of Electrical Appliances
introduced on the market by graphic symbol, about notification obligation of
producer of Electrical Appliances and treatment company of Electrical Waste,
about requirements of application to Register of producers of Electrical
Appliances, then about subject and administration of Register of producers of
Electrical Appliances and about sample for certificate of registration in Register
of producers of electrical, list of appliances covered by 7th part of the act and
cases when usage of lead, mercury, cadmium, polychlorinated biphenyls (PCB),
polybromided biphenyls and six valency chromium,
v) details about fee amount and about way of guarantee’s calculation when fulfilling
the obligations of producer of Electrical Appliances individually. “
30. Section 68 is completed with par. 4 as following:
„(4) In the relation to the European Communities The Ministry is a notification
authority for issues of handling of Waste and notify especially
a) data from the files administrated in accordance with Section 68 par. 2 letter
v), this is done once in two years
b) data according to questionnaire of the European Commission, this is done
every third year“.
31. In Section 71 par. 2 letter f) words ”transport notes” are replaced with words
“carriage notes “.
32. Section 71 is completed with letter r) as following:
„r) confirms correctness of information stated in statutory declaration about
keeping the old vehicle [Section 51 par. 3 letter a)].“
33. Section 72b is added after Section 72a as following:
„Section 72b
(1) Slovak Inspection of Commerce as for issues of Civil Service for waste industry
a) is a body of state surveillance in waste industry (Section 73) for purpose of
control of obligations fulfilling as stated in Section 41 par. 3 to 6 and par. 9,
Section 54b par. 1 letter. a) to d), g), j), k),
b) award fines (Section 78) for breaking obligations in accordance with letter a).
(2) Supervisors of Slovak Inspection of Commerce are entitled to do the following
while accomplishing state surveillance
a) take samples of appliances for testing ,
b) require carriage lists of appliances ,
c) control marking of appliances introducing to the market,
d) give notice to producers on found deficiencies and to obligate them to
eliminate
these deficiencies in set period,
e) inhibit transport or sale of appliances and their usage if these do not meet
provisions of this act,
f) obligate to call in Electrical Appliances if proved that they do not meet
provisions of this act.“.
34. In Section 78 par. 1 is completed with letters s) to u) as following:
„s) does not fulfill obligation in accordance with Section 54b par. 1 letters a) to
c), g), h) and Section 54c par. 2,
t) break the obligation in accordance with Section 19 par. 8,
u) does not notify data according to Section 21 par. 1letter n).“.
35. In Section 78 par.2 is completed with letters zm) and zn) as following:
„zm) does not fulfill the obligation according to Section 54b par. 1 letter e) and
f), i) to r), Section 54c par. 1 and 3, Section 54d par. a) to l), Section 54e
par. 1 to 3, Section 54f par. 1 and 2 , Section 54g par. 1 and Section 81
par. 19,
zn) breaks restriction in accordance with Section 18 par. 3 letter l).“.
36. In Section 78 par. 3 letter f) is as following:
„f) does not fulfill the obligation according to Section 54b par. 1 letter d),“.
37. In Section 78 par. 3 letter g) words “letter k)“ are replaced with words “letter
j)“.
38. Section 81 is completed with par. 19 to 23 as following:
„(19) Being a producer of Electrical Appliances on 1st January 2005, everybody
is obliged to provide the Ministry with their application to the Register of
producers of Electrical Appliances until 30th June 2005.
(20) Being a producer of Electrical Appliances on 1st January 2005, everybody
is obliged to realize first notice according to Section 54b par. 1 letter p) for the
year 2004 based on estimations of amounts stated in Section 54b par. 1 letter p)
point 1 to 5.
(21) Obligation of producer of Electrical Appliances according to Section 54e
par. 3 is to be enforced in case of electrical appliance from category 2 to 10 of
Annex 3a until 13th February 2011 and in case of electrical appliance from
category 1 of Annex 3a until 13th February 2013.
(22) The Ministry meet notification requirement in accordance with Section 68
par. 4 letter a) by sending information to the European Commission first time
for years 2005 and 2006, this is done not later than on 30th June 2008 and then
every two years.
(23) The Ministry meet notification requirement in accordance with Section 68
par. 4 letter b) by sending information to the European Commission first time
for years 2004 and 2006, this is done not later than on 30th September 2007 and
then every tree years.
39. Annex 1 is completed with letters 8 and 10 as following:
„8. Directive 2002/96/EC of the European Parliament and of the Council of 27th
January 2003 on waste electrical and electronic equipment (EU L 037,
13.02.2003) as amended by Directive 2003/108/EC of the European Parliament
and the Council of 8th December 2003 (EU L 345, 31.12.2003),
9. Directive 2002/95/EC of the European Parliament and of the Council of 27th
January 2003 on the restriction on the use of certain hazardous substances in
electrical and electronic equipment (EU L 037, 13.02.2003).“.
10. Directive 91/692/EEC of the Council of 23rd December 1991 standardizing and
rationalizing reports on performing certain directives related to environment (ES
L 377, 31.12.1991)
40. In Annex 2 code R12 is as follows: „R12 Conditioning of waste intended for
treatment by one of activities R1 to.“
41. After Annex 3 is added Annex 3a as following:
„Annex 3a
CATEGORIES OF ELECTRICAL AND ELECTRONIC EQUIPMENT
COVERED BY PART 7 OF ACT
1.
Large home appliances
2.
Small home appliances
3.
IT and telecommunication 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 exception of all implanted and infected products)
9.
Monitoring and control instruments
10.
Automatic dispensers
Article II
Act No. 582/2004 of Coll. on local taxes and local fees for municipal waste and minor
construction waste is amended as following:
1. In Section 77 par. 1 words “pay for municipal waste” are replaced by words “pay for
municipal waste except for electric waste26a).
26a
Section 54a par.4 of Act No. 223/2004 on waste as amended and on amendment of
Act no …/2004
2. In Section 77 par. 3 the last sentence is: That’s not valid if quantity collection in
appropriate part of municipality is related to ratepayer.
3. In Section 77 par 5 letter a) second sentence after second semicolon is released.
4. Par. 3 is added to Section 78 as follows:
“(3) If municipality does not state fee charge by generally obligatory provision, the
fee is paid according to par. 1 in the lowest charge.”
5. In Section 79 par. 3 letter b) point three is al letter c) and words “for appointed period”
are added after word “employees”.
6. “b) if it is not possible to act according letter a)
1. number of calendar days in period from the date of beginning of obligation
to pay the fee till the end of the week preceding the week in which the
payer has carried out his obligation according to Section 80 on fact whose
result is termination of fee obligation, or
2. number of calendar days in period from the date of beginning of obligation
to pay the fill till the end of appointed period.”
7. Section 81 is as follows:
“Section 81
Imposing the fee and way of paying the fee
(1) Municipality impose the fee by payment assessment an if payer proves that he
uses quantity collection, municipality does not impose the fee by payment
assessment.
(2) If payer proves that he uses quantity collection, he pays the fee in the way stated
by generally obligatory provision of municipality.11)
(3) If municipality on its own or on the basis of announcement ascertains that the fee
was imposed to the payer in wrong amount or some matters occurred which
influence the change of amount of the fee, municipality adjusts the amount of the
fee in the following appointed period according to arisen conditions.”
8. Section 82 is as following:
“Section 82
Repayment of the fee
(1) Municipality reduces the fee according to the lowest charge or forgives it for a period,
payer proves on the basis of documents appointed by generally obligatory provision of
municipality, 11)
a) that he is staying or was staying in the long term abroad during the appointed period,
b) his absence in the municipality because of compulsory military service or,
c) that he does not use the real estate he is authorized to use, more than 90 straight days
(2) If payment obligation of the payer imposed by payment assessment terminates during
the appointed period, municipality is obliged to repay proportional amount by decision
till 30 days from the date of delivery of additional payment assessment or from the date
of ascertainment of this condition, at the latest 60 days from the termination of appointed
period stated by municipality, for which the fee was paid. Municipality is not obliged to
repay overpayment lower than 100 Sk.
(3) Municipality may in the cases stated by generally obligatory provision11) from the
reason to moderate or terminate strictness of the law reduce the fee even below the lowest
charge in individual cases or forgive the fee.”
9. In Section 83 par. 1 and 3 are released. In the same time mark of par. 2 is cancelled.
Article III
Act No. 529/2002 of Coll. On Packaging and on amendment of certain acts as amended
by Act No. 245/200 Of Coll., Act No. 525/2003 of Coll., Act No. 24/2004 of Coll., Act
No. 443/2004 of Coll. and Act No 587/2004 of Coll. is amended as following:
1. In Section 2 par. 3 letter b) is as follows:
“b) obligatory person is packer, filler and entrepreneur introducing packagings or
products in packaging to the market except for producers of packagings,”
2. In Section 5 par. 8 are words “Obligatory person producing packagings from glass or
products in packaging from glass gives an announcement” are replaced by words
“Obligatory person and producer of packagings producing packagings from glass or
products in packaging from glass give an announcement”
3. In Section 7 par. 3 is as follows:
“(3) There is imposed a deficit on packagings that are not reusable and are dangerous
for environment in terms of their quantity or characteristics or structure.”
4. In Section 8 par. 2 is as follows:
“(2) Obligatory person ensure collection of waste from packagings and their recovery
or recycling at least in extent obligatory limits stated by provision of government of
Slovak republic according to par. 1; this obligation can be ensured by authorized
organization set up by obligatory persons (hereinafter “authorized organization” while the
responsibility of obligatory person for accomplishing the obligatory limits retains. This
obligation does not refer to reusable packagings.”
5. Title under the Section 9 is as following: “Register”
6. In Section 9 par. 1 are words “and authorized organizations” added after words
“register of obligatory persons”.
7. In Section 9 par 7 is number “15” replaced by number “30”.
8. In Section 10 par. 1 letter b) is word “15” replaced by word “of end”
9. In Section 10 par. 2 is as follows:
“(2) Authorized organization keeps on file according to par. 1 letter a) for each
obligatory person for which the authorized organization ensures collection of
waste from packagings, their recovery or recycling, reports numbered data
according to par. 1 letter b) and it accomplishes for obligatory persons other
provisions of par. 1.”
10. Section 20 is amended by par. 4 and 5 as follows:
“(4) Obligatory persons to whom the obligation according to Section 9 par. 1 begins
from 1st January 2005 are obliged to accomplish this obligation till 28 February
2005.
(5) Producers of packagings who were concerned as obligatory persons till 31
December 2004 are obliged to accomplish obligation according to Section 10 par. 1
for a period they were concerned as obligatory persons.”
Article IV
Act No. 572/2004 on trading with emission quotas and on amendments of certain acts is
amended as following:
In Section 9 par. 5, Section 10 par. 6 and Section 19 par. 7 words “state budget” are
replaced by words “Environmental fund”.
Article V
Chairman of the National Council of the Slovak Republic is empowered to publish in the
Statutes of the Slovak Republic the full wording of Act no. 223/2001 Coll. on Waste and
on changes and amendments of some acts as ensue from changes and amendments
implemented by act no. 553/2001 Coll., act no.96/2002 Coll., act no. 261/2002 Coll., act
no. 393/2002 Coll., act no. 529/2002 Coll., act no. 188/2003 Coll., act no. 245/2003 Coll.,
act no. 525/2003 Coll., act no. 24/2004 Coll., act no. 443/2004 Coll. and act no. 587/2004
and this act.
Article VI
This act shall be executed on 1st January 2005 except for points 11, 13, 14 point 18
Section 54b par. 1 letter b), c), e) to h), Section 54c to 54i, points 19 to 22 that shall be
executed on 13th August 2005, point 18 Section 54b par. 1 letter d) that shall be executed
on 1st July 2006.