Vláda schválila novelu zákona o výrobcích s ukončenou životností

Government Approves Amendment to the End-of-Life Products Act

The draft law presented by the Ministry of the Environment introduces key adjustments aimed primarily at aligning Czech legislation with the directly applicable Regulation (EU) 2023/1542 of the European Parliament and Council of July 12 2023, concerning batteries and waste batteries, thus ensuring improved conditions for the life-cycle management of all types of batteries. The proposal  also responds to the suggestions accepted within the so-called Eco-Audit and experiences gained from the practical application of the End-of-Life Products Act. The new obligations will affect not only manufacturers but may also have impacts on municipalities and consumers.

Similarly to the discussed amendment to the Packaging Act, an important part of the amendment includes proposed measures to address so-called free-riding, where the costs of waste processing are borne by someone other than the manufacturer (other manufacturers or public budgets), by clarifying and expanding the existing legal framework. Specifically, this includes increasing the deposit for individually fulfilling manufacturers to 25% of annual costs, elaborating on the regulation of separate cost reporting, more detailed regulation of the obligations of collective system operators, and mandatory collective fulfillment for certain types of products. The amendment also provides a more detailed regulation of industrial batteries, strengthens control mechanisms for compliance with rules, introduces stricter sanctions, and sets clear deadlines for the certification of waste processors.

The proposal will now be discussed by the Chamber of Deputies. Whether and in what form the law will be adopted will be determined by the upcoming legislative process.

For more information on the End-of-Life Products Act, we refer you to our alert from January 2021 HERE.

If you have any questions, please contact the authors of the article or other members of the EY Law firm or EY team you collaborate with.

Authors:

Jan Turek

Johanna Roháčková