Main information about the service

Waste which has been subjected to recycling or another form of recovery and is, at the same time, defined by directly applicable European Union legislation or an implementing legal regulation, shall cease to be waste at the moment specified by a directly applicable European regulation or an implementing legal regulation if it

 a) meets the criteria set out in directly applicable European Union legislation or in an implementing legal regulation and compliance with these criteria is verified by sampling and testing, or by another method set out in a directly applicable European Union regulation or in an implementing legal regulation, 

 b) meets other technical requirements for those specific purposes, provided these have been laid down in other legal regulations or technical standards applicable to the products, 

 c) meets the requirements of other legal regulations and its recovery will not result in adverse impacts to the environment or human health, and 

 d) accompanying documentation has been prepared for it. 

Waste which has been subjected to one of the recovery methods and is not defined by a directly applicable European Union regulation or an implementing legal regulation and, at the same time, is not waste intended for further processing using a method that is subject to special technical requirements and criteria shall cease to be waste at the moment specified in the permit issued by the Regional Authority pursuant to Section 10 para. 1, provided it meets the requirements of this permit, where compliance with these requirements is verified by the method set out in the permit and accompanying documentation has been prepared for it, containing the particulars stipulated by the Ministry and the Ministry of Industry and Trade in a Decree. 

At the request of the applicant for a permit to operate a waste recovery facility, the Regional Authority shall authorise the facility to recycle and recover waste, using processes whereby the given waste ceases to be waste, provided this is not waste.

In the decision the Regional Authority will define specific criteria and conditions of the permit to operate a waste recovery facility pursuant to Section 21 para. 2 to the Act on Waste.

The application must fulfil the conditions for the issue of the permit set out in Section 10 to the Act on Waste.

The applicant shall attach to the application a statement by the Ministry of Industry and Trade and a binding opinion from the Regional Hygiene Station. The binding opinion and statement are not required if the applicant attaches a final decision to the application authorising waste recycling or recovery the same treatment method, the same resulting thing and the same subsequent method of use of the resulting thing. 

The application is sent electronically to the relevant Regional Authority via a databox or a document with a recognized electronic signature.

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Does this apply to me?

You are the operator of a waste recovery facility.

Service outcome

Permit for recycling or other use of waste that ceases to be waste

Service benefit

By issuing this permit, maximum protection of the environment and people's health will be achieved.

When to address the service

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The service is part of the permit issued by the regional office for the operation of waste utilization facilities.

How to get the service

What do you need when solving the service electronically

Application for authorization of the regime when waste ceases to be waste.

In the application, it is necessary to prove that: 

  • This is not waste defined according to § 9 paragraph 1 of Act No. 541/2020 Coll., on waste. (criteria defining when certain types of metal scrap cease to be waste)
  • It is further proved that the resulting thing: 
  • is normally used for the specific purpose stated in its application,
  • is something for which there is a market or demand, meets the technical requirements for specific purposes, if they have been established by other legal regulations or technical standards applicable to the products,
  • and meets the requirements of other legal regulations and its use will not lead to adverse effects on the environment or human health.

And also submitted: 

Statement by the Ministry of Industry and Trade, whether the resulting item is normally used for the specific purpose stated in its application, whether there is a market or demand for it, and whether it meets the rules for placing products on the market

Binding opinion of the regional hygiene station in terms of impacts on people's health and health risk assessment

A binding opinion and statement are not required if the applicant attaches to the application a final decision that allowed him to recycle or other use of waste for the same type of waste entering the recycling or other use process, the same processing procedure, the same resulting item and the same subsequent method of using the resulting item .

Where and how to solve the service electronically

Send the request to the relevant regional office by data box or email with a recognized electronic signature.

Could be solved via e-identity

Yes

Is the service charged when solving electronically

No

Responsible Public Authority

Ministerstvo životního prostředí
Vršovická 1442/65
Vršovice
10000 Praha 10
Datová schránka: 9gsaax4
E-mail: info@mzp.cz
Web: www.mzp.cz

Additional information about the service

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Communication language

English

Last checked at 24.04.2024

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