Parliament has adopted the following Act as a law of the Czech Republic:

Transcription

1 25 THE ACT of January 16th, 2008 on the Integrated Environmental Pollution Register and the Integrated System of Compliance with Reporting Duty in Environmental Areas, and on amendments to other acts Parliament has adopted the following Act as a law of the Czech Republic: PART ONE THE INTEGRATED ENVIRONMENTAL POLLUTION REGISTER AND THE INTEGRATED SYSTEM OF COMPLIANCE WITH REPORTING DUTY IN ENVIRONMENTAL AREAS The Integrated Pollution Register Section 1 This Act regulates for, in relation to a directly applicable regulation of the European Community 1, the Integrated Environmental Pollution Register (here-in-after called the Integrated Pollution Register ), in the form of a publicly accessible information system of pollutant releases and transfers, the outputs of which are a part of the Pollutant Release and Transfer Register at the level of the European Community 2. Section 2 The Integrated Pollution Register is hereby established as a publicly accessible information system of the public administration 3 which is administered by the Ministry of Environment (here-in-after called the Ministry ). Section 3 (1) The operator mentioned in Regulation No. 166/2006 of the European Parliament and of the Council 4 shall report to the Ministry: (a) releases and transfers of pollutants according to the directly applicable legal regulation of the European Community 5, 1 Regulation (EC) No. 166/2006 of the European Parliament and of the Council of 18 January 2006 concerning the establishment of a European Pollutant Release and Transfer Register and amending Council Directives 91/689/EEC and 96/61/EC (with EEA relevance) 2 Article 1 of the Regulation (EC) No. 166/2006 of the European Parliament and of the Council 3 Section 3 of the Act No. 365/2000 Coll., on the information systems of public administration and on amendments to other laws, as amended 4 Article 2 (6), Article 5, Article 9 (1) and Annex I of Regulation No. 166/2006 of the European Parliament and of the Council (EC) 5 Articles 5 and 9 (1), Annex II of Regulation No. 166/2006 of the European Parliament and of the Council (EC)

2 (b) releases of pollutants in the case of their threshold values being exceeded; the Government shall provide a list of the pollutants and their threshold values in an order and (c) transfers of pollutants in the case of their threshold values being exceeded in waste outside a facility, which arise directly or in direct connection with the activities of the facilities operated; the Government shall provide a list of the pollutants and their threshold values in an order. (2) The operator, being a sole entrepreneur or legal entity in business, who operates a production facility which comprises one or more stationary technical units operated in one locality in such activity other than that listed in Annex I to Regulation No. 166/2006 of the European Parliament and of the Council, or an activity with a capacity lower than the one listed in this Annex is carried out shall report the pollutant releases and transfers according to par. 1 and keep files of reporting data in a way described in Art. 5 (5) of Regulation No. 166/2006 of the European Parliament and of the Council. (3) The data required for reporting to the Integrated Pollution Register shall be provided by the Government in a order. (4) The operator shall report the required data in accordance with paragraphs 1 to 3 always by March 31 of the regulatory year for the previous calendar year. (5) The report to the Integrated Pollution register shall be submitted in an electronic form through the Integrated System of Compliance with Reporting Duty in Environmental Areas. The Integrated System of Compliance with Reporting Duty in Environmental Areas Section 4 (1) The Integrated System of Compliance with Reporting Duty in Environmental Areas is hereby established in order to comply with the reporting duty according to Section 3 and according to special legal regulations 6. The System shall be administered by the Ministry. (2) The Integrated System of Compliance with Reporting Duty in Environmental Areas is an information system of the public administration and it is a part of a unified environmental information system. (3) The data reported through the Integrated System of Compliance with Reporting Duty in Environmental Areas are provided in an electronic form and in the data standard published by the Ministry for each reporting year. Administrative Offences Section 5 (1) The operator mentioned in Section 3 (1) commits an administrative legal offence by: (a) not reporting a release or transfer of a pollutant according to Section 3, (b) providing incorrect data when complying with the reporting duty according to Section 3 or 6 Act No. 86/2002 Coll., on the protection of air and amendments to other laws (the Air Protection Act), as amended. Act No. 185/2001 Coll., on waste and amendments to other laws (The Waste Act), as amended. Act No. 477/2001 Coll., on packaging and amendments to other laws (The Packaging Act), as amended. Act No. 254/2001 Coll., on water and amendments to other laws (The Water Act), as amended.

3 (c) not keeping files of reporting data in accordance with the requirements of the directly applicable regulation of the European Community. (2) The operator mentioned in Section 3 (2) commits an administrative legal offence by: (a) not reporting a release or transfer of a pollutant according to Section 3, (b) providing incorrect data when complying with the reporting duty according to Section 3 or (c) not keeping files of reporting data in accordance with the requirements of Section 3 (2). (3) A penalty of CZK shall be imposed for an administrative offence according to paragraph 1 or 2. Section 6 (1) A legal subject shall not be responsible for an administrative offence if the person is proved to have exerted all possible efforts that could have been required to prevent the breach of the legal obligations. (2) When determining the fine for a legal subject, the authorities shall take into consideration the significance of the administrative offence, especially the manner in which the offence was committed, its consequences, and the circumstances under which the offence was committed. (3) A legal subject s liability for an administrative offence terminates if the respective authority does not begin proceedings concerning the legal subject within 1 year after the day the authority learnt about the offence, but within 3 years after the offence was committed. (4) Administrative offences according to this Act shall be dealt with by the Czech Environmental Inspection (here-in-after called the Inspection ). (5) Provisions of the acts concerning the liability and penalty of a legal subject shall apply to liability for acts related to the business of a sole entrepreneur 7 or in direct connection with this business. (6) The Customs Office shall collect and enforce penalties. The income from the penalties shall be divided as follows: 50% for the budget of the local authority within the locality of which the operator s activity is carried out, and this income shall be dedicated to the protection of the environment, and 50% as income of the National Environmental Fund of the Czech Republic. Execution of the State Administration in the area of the Integrated Pollution Register and the Integrated System of Compliance with Reporting Duty in Environmental Areas Section 7 The Ministry (a) Shall publish on the public administration server 8 the data reported to the Integrated Pollution Register for a calendar year not later than September 30 th of the following year and it shall ensure that the data is provided to the European Commission in accordance with the requirements of the directly applicable regulation of the European Community as well as in harmony with international obligations, (b) Shall ensure data transfer within the Integrated System of Compliance with Reporting Duty in Environmental Areas towards public administration bodies in accordance with special legal regulations, 7 Section 2 (2) of the Commercial Code 8 Section 2 (q) of the Act No. 365/2000 Coll., as amended by Act No. 81/2006 Coll.

4 (c) Shall publish on the public administration server, by December 31 st of a calendar year at the latest, the data standard concerning handing over of the data within the Integrated System of Compliance with Reporting Duty in Environmental Areas in the next reporting year, (d) Shall manage and coordinate methodology of the Integrated System of Compliance with Reporting Duty in Environmental Areas in relation to other public administration information systems concerning the environment, (e) Shall provide information on the form and structure of outputs from the Integrated System of Compliance with Reporting Duty in Environmental Areas to the administrators of public administration information systems concerning the environment. Section 8 The Inspection (a) Shall check compliance with Reporting Duty for the Integrated Pollution Register and the keeping of files necessary to report to the Integrated Pollution Register, (b) Shall rule on administrative offences according to Section 5. Transitional and repealing provisions Section 9 (1) An operator listed in Section 3 (1) shall comply with the reporting duty according to Section 3 (1) (a) for the year 2007 for the first time, and with the reporting duty according to Section 3 (1) (b) and (c) for the year 2009 for the first time. (2) An operator listed in Section 3 (2) shall comply with the reporting duty according to this Act for the year 2009 for the first time. Section 10 The following regulations shall be hereby repealed: (1) Government order No. 368/2003 Coll., on the Integrated Pollution Register. (2) Government order No. 304/2005 Coll., which amends Government order No. 368/2003 Coll., on the Integrated Pollution Register. (3) Decree No. 572/2004 Coll., which provides for the form and method of keeping the files and databases necessary for reporting to the Integrated Pollution Register. PART TWO Amendment to the Integrated Prevention Act Section 11 Act No. 76/2002 Coll., on the integrated pollution and prevention control, on the Integrated Pollution Register and amendments to other acts (The Integrated Prevention Act), as amended by Act No. 521/2002 Coll., Act No. 437/2004 Coll., Act No. 695/2004 Coll., Act No. 444/2005 Coll. and Act No. 222/2006 Coll., is hereby changed as follows:

5 (1) In Section 1 (1), the words and to establish and operate the Integrated Pollution Register are hereby repealed. (2) In Section 1 (2), the letters (c) and (d) are hereby repealed. The existing letters (e) to (g) are marked as letters (c) to (e). (3) In Section 2, the letters (e), (i) and (l) are hereby repealed. The existing letters (f) to (h) are marked as letters (e) to (g), the existing letters (j) and (k) are marked as letters (h) and (i), and the existing letter (m) is marked as letter (j). (4) In Part One, Chapter III is hereby repealed, including the title and footnotes no. 15 to 18. (5) In Section 29, the letter (i) is hereby repealed. The existing letters (j) and (k) are marked as letters (i) and (j). (6) In Section 33 (c), the words par. 2 to 4 is hereby repealed. (7) In Section 34, the letter (b) is hereby repealed. The existing letters (c) to (e) are marked as letters (b) to (d). (8) In Section 35 (d), the words par. 2 to 4 is hereby repealed. (9) In Section 37, the paragraph 1 is hereby repealed. The existing paragraphs 2 to 5 are marked as paragraphs 1 to 4. (10) In Section 37 (4) shall be as follows: (4) a penalty shall be imposed for an administrative offence as follows: (a) Up to 1,000,000 CZK, if an administrative offence according to par. 1 is concerned, (b) Up to 7,000,000 CZK, if an administrative offence according to par. 2 and 3 is concerned. (11) In Section 38 (5), the words 2 to 4 are hereby replaced with the words 1 to 3. (12) In Section 47, the paragraphs 1 and 2 are hereby repealed and marking of the paragraph 3 is hereby also repealed. (13) In Section 47, the words and Section 25 (1) are hereby repealed. Section 12 Transitional provision A user of a registered substance listed in Section 22 of the Integrated Prevention Act, in the wording of the Act that is effective till the day this Act becomes effective, shall comply with the reporting duty to the extent that is provided for in Section 22 of the Integrated Prevention Act, in the wording of the Act that is effective till the day this Act becomes effective, for the year 2007 until March 31 st, 2008, and for the year 2008 until March 31 st, An operator according to Section 3 (1) (a) of the Act on the Integrated Environmental Pollution Register and the Integrated System of Compliance with Reporting Duty in Environmental Areas, and on amendments to other acts shall comply with the reporting duty as a user of a registered substance only to the extent which goes beyond the reporting duty according to Regulation (EC) No. 166/2006 of the European Parliament and of the Council of 18 January 2006 concerning the establishment of a European Pollutant Release and Transfer Register and amending Council Directives 91/689/EEC and 96/61/EC. PART THREE Amendment to the Water Act Section 13 In Section 126 of Act No. 254/2001 Coll., on water and amendments to other acts (The Water Act), as amended by Act No. 76/2002 Coll., Act No. 186/2006 Coll., and Act No. 222/2006 Coll., the following paragraph (6) shall be hereby added: (6) The reporting duty towards the water authorities or other authorised bodies according to Section 10 (1), Section 22 (2), Section 38 (3), Section 88 (5) and (10), Section 93 (1) and Section 94 (1) shall be complied with through the Integrated System of Compliance with Reporting Duty in Environmental Areas, in accordance with the Act on the Integrated Environmental Pollution Register and the

6 Integrated System of Compliance with Reporting Duty in Environmental Areas, and on amendments to other acts. Section 14 Transitional provisions 1. The subjects obliged to comply with the reporting duty provided for in Section 126 (6) of Act No. 254/2001 Coll., on water and amendments to other acts (The Water Act), in the wording of the Act that is effective from the day this Act becomes effective, that are also operators obliged to comply with the reporting duty according to Regulation No. 166/2006 of the European Parliament and of the Council and according to the Act on the Integrated Environmental Pollution Register and the Integrated System of Compliance with Reporting Duty in Environmental Areas, and on amendments to other acts, shall report the obligatory data through the Integrated System of Compliance with Reporting Duty in Environmental Areas for the year 2009 for the first time. 2. The subjects obliged to comply with the reporting duty provided for in Section 126 (6) of Act No. 254/2001 Coll., on water and amendments to other acts (The Water Act), in the wording of the Act that is effective from the day this Act becomes effective, that are also operators of activities listed in Annex I to Regulation No. 166/2006 of the European Parliament and of the Council and are not involved in the Integrated System of Compliance with Reporting Duty in Environmental Areas according to item (1), shall report the obligatory data through the Integrated System of Compliance with Reporting Duty in Environmental Areas for the year 2010 for the first time. When reporting the obligatory data for the years 2008 and 2009, they shall comply with the existing legal regulations. 3. The subjects obliged to comply with the reporting duty provided for in Section 126 (6) of Act No. 254/2001 Coll., on water and amendments to other acts (The Water Act), in the wording of the Act that is effective from the day this Act becomes effective, that are not involved in the Integrated System of Compliance with Reporting Duty in Environmental Areas according to items (1) or (2), shall report the obligatory data through the Integrated System of Compliance with Reporting Duty in Environmental Areas for the year 2011 for the first time. When reporting the obligatory data for the years 2008 to 2010, they shall comply with the existing legal regulations. PART FOUR Amendment to the Air Protection Act Section 15 Act No. 86/2002 Coll., on the Protection of Air and amendments to other acts (The Air Protection Act), as amended by Act No. 521/2002 Coll., Act No. 92/2004 Coll., Act No. 186/2004 Coll., Act No. 695/2004 Coll., Act No. 180/2005 Coll., Act No. 385/2005 Coll., Act No. 444/2005 Coll., Act No. 186/2006 Coll., Act No. 212/2006 Coll., Act No. 222/2006 Coll., Act No. 230/2006 Coll., Act No. 180/2007 Coll. and Act No. 296/2007 Coll. Shall be changed as follows: 1. In Section 11 (1) (e), the words and to prepare summarising files from the data of the operational files and to hand them over to the respective air protection bodies are hereby replaced with the words and to prepare summarising files from the data of the operational files for a calendar year and to hand them over to the respective air protection bodies through the Integrated System of Compliance with Reporting Duty in Environmental Areas, in accordance with the Act on the Integrated Environmental Pollution Register and the Integrated System of Compliance with Reporting Duty in Environmental Areas, and on amendments to other acts by March 31 st of the next calendar year. Operational files shall be kept for at least 5 years. 2. In Section 11, paragraph 4 is hereby added and it shall be as follows:

7 (4) The implementation legal regulation shall provide for all elements, form and procedure for formulating rules of operation, reporting of an accident in a stationary source, keeping of operational files and the preparation of the summarising operational files and their reporting. 3. In Section 12 (1) (c), the words to keep files of volatile compounds and to provide a summary of their consumption to the local authorities every year are hereby repealed. 4. In Section 13, paragraphs 4 to 8 are hereby repealed. 5. In Section 19 (10), the words by February 15 th are hereby replaced with the words through the Integrated System of Compliance with Reporting Duty in Environmental Areas, in accordance with the Act on the Integrated Environmental Pollution Register and the Integrated System of Compliance with Reporting Duty in Environmental Areas, and on amendments to other acts by March 31 st. 6. In Section 19 (16), the words by February 15 th are hereby replaced with the words by March 31 st. 7. In Section 40 (2) and (3), the word (e) is hereby repealed. 8. In Section 40, a new paragraph 14 is hereby added after paragraph 13 and it is as follows: (14) The Inspection shall impose a penalty of up to 1,000,000 CZK on an operator of an especially large, large or medium source which, in contradiction to Section 11 (1) (e), does not keep operational files or does not submit the summarising operational files to the respective air protection authorities, or provides incorrect data in the summarising operational files.. The existing paragraphs 14 to 18 are marked as paragraphs 15 to In Section 46 (1), letter (c) is hereby repealed. The existing letters (d) to (o) are marked as letters (c) to (n). 10. In Section 46 (2), letter (e) shall be as follows: (e) complying with the duties related to the operational files and summarising operational files according to Section 11 (1) (e), 11. In Section 49, letter (b) is hereby repealed. The existing letters (c) and (d) are marked as letters (b) and (c). 12. In Section 55 (3), the words Section 11 (4) are hereby added after the words Section 10 (2). Section 16 Transitional provisions 1. Subjects obliged to comply with the reporting duty according to Section 11 (1) (e) of Act No. 86/2002 Coll., on the Protection of Air and amendments to other acts (The Air Protection Act), that are also operators obliged to comply with the reporting duty according to Regulation No. 166/2006 of the European Parliament and of the Council and according to the Act on the Integrated Environmental Pollution Register and the Integrated System of Compliance with Reporting Duty in Environmental Areas, and on amendments to other acts, shall report the obligatory data through the Integrated System of Compliance with Reporting Duty in Environmental Areas for the year 2009 for the first time. 2. Subjects obliged to comply with the reporting duty according to Section 11 (1) (e) of Act No. 86/2002 Coll., on the Protection of Air and amendments to other acts (The Air Protection Act), in the wording of the Act that is effective from the day this Act becomes effective, that are not involved in the Integrated System of Compliance with Reporting Duty in Environmental Areas according to item (1), shall report the obligatory data through the Integrated System of Compliance with Reporting Duty in Environmental Areas for the year

8 2010 for the first time. When reporting the obligatory data for the years 2008 and 2009, they shall comply with the existing legal regulations. PART FIVE Amendments to the Waste Act Section 17 In Section 82 of Act No. 185/2001 Coll., on waste and amendments to other acts, as amended by Act No. 76/2002 Coll., Act No. 188/2004 Coll., and Act No. 222/2006 Coll., the following paragraph 3 is hereby added which is as follows: (3) The reporting or announcing duty towards public administration bodies concerning waste management according to Section 16 (1) (g), Section 18 (1) (j), Section 19 (1) (e), Section 20 (e), Section 37a (4) (b), Section 37b (1) (g), Section 37c (1) (h), Section 37h (2), Section 37l (3) (e), Section 38 (10) and Section 39 (2), (3), (5) and (8) shall be complied with through the Integrated System of Compliance with Reporting Duty in Environmental Areas, in accordance with the Act on the Integrated Environmental Pollution Register and the Integrated System of Compliance with Reporting Duty in Environmental Areas, and on amendments to other acts. Section 18 Transitional provisions 1. Subjects obliged to comply with the reporting duty provided for in Section 82 (3) of e Act No. 185/2001 Coll., on waste and amendments to other acts, in the wording of the Act that is effective from the day this Act becomes effective, that are also operators obliged to comply with the reporting duty according to Regulation No. 166/2006 of the European Parliament and of the Council and according to the Act on the Integrated Environmental Pollution Register and the Integrated System of Compliance with Reporting Duty in Environmental Areas, and on amendments to other acts, shall report the obligatory data through the Integrated System of Compliance with Reporting Duty in Environmental Areas for the year 2009 for the first time. 2. Subjects obliged to comply with the reporting duty provided for in Section 82 (3) of Act No. 185/2001 Coll., on waste and amendments to other acts, in the wording of the Act that is effective from the day this Act becomes effective, that are also operators obliged to comply with the reporting duty according to Annex I to Regulation No. 166/2006 of the European Parliament and of the Council and are not involved in the Integrated System of Compliance with Reporting Duty in Environmental Areas according to item (1), shall report the obligatory data through the Integrated System of Compliance with Reporting Duty in Environmental Areas for the year 2010 for the first time. When reporting the obligatory data for the years 2008 and 2009, they shall comply with the existing legal regulations. 3. Subjects obliged to comply with the reporting duty provided for in Section 82 (3) of Act No. 185/2001 Coll., on waste and amendments to other acts, in the wording of the Act that is effective from the day this Act becomes effective, that are not involved in the Integrated System of Compliance with Reporting Duty in Environmental Areas according to item (1) or (2), shall report the obligatory data through the Integrated System of Compliance with Reporting Duty in Environmental Areas for the year 2011 for the first time. When reporting the obligatory data for the years 2008 to 2010, they shall comply with the existing legal regulations.

9 PART SIX Amendment to the Packaging Act Section 19 In Section 15 (1) of Act No. 477/2001 Coll., on packaging and amendments to other acts (The Packaging Act), as amended by Act No. 66/2006 Coll., the following words are hereby added after the end of letter (b): through the Integrated System of Compliance with Reporting Duty in Environmental Areas according to the Act on the Integrated Environmental Pollution Register and the Integrated System of Compliance with Reporting Duty in Environmental Areas, and on amendments to other acts. Section 20 Transitional provision A subject that is obliged to register in the List of Persons Obliged to Return or Use Packaging Waste according to Section 14 of Act No. 477/2001 Coll., on packaging and amendments to other acts (The Packaging Act), in the wording of the Act that is effective from the day this Act becomes effective, shall comply with the reporting duty through the Integrated System of Compliance with Reporting Duty in Environmental Areas for the year 2011 for the first time. When reporting the obligatory data for the years 2008 to 2010, they shall comply with the existing legal regulations. PART SEVEN ENTRY INTO FORCE Section 21 This Act shall enter into force on the day of its publication. Vlček, by his own hand Klaus, by his own hand Topolánek, by his own hand