Act No. 118 / 2004 Coll.
Act amending Act No. 114 / 1995 Coll., on Inland Navigation, as amended
Valid
Law
Effective from 01.05.2004
Text versions:
01.05.2004
19.03.2004
118
THE LAW
of 20 February 2004
amending Act No. 114 / 1995 Coll., on Inland Navigation, as amended
Parliament has decided on this law of the Czech Republic:
Act No. 114 / 1995 Coll., on Inland Navigation, as amended by Act No. 358 / 1999 Coll., Act No. 254 / 2001 Coll., Act No. 309 / 2002 Coll. and Act No. 320 / 2002 Coll., is amended as follows:
1. in Article 3 (4), the following point (c) is added:
"(c) the water flow of Moravia from the mouth of the water stream of Bečva to the confluence with the water flow of Dyje, including the canal Otrokovice - Rohatec."
2. The following Section 3a is inserted after Section 3:
The development and modernisation of the waterway defined by the Elbe water flow from the river km 129,1 (Pardubice), on the national border with the Federal Republic of Germany and the Vltava water flow from the river km 91,5 (Třebenice) including the Vranany - Burin river to the water flow of the Elbe, including the upper part of the water flow of Berounka to the port of Radotín, is in the public interest.
3. Paragraph 36, including the title, reads:
Transport of dangerous goods
(1) Dangerous goods are objects and substances the nature, characteristics or condition of which may endanger the safety of persons, animals and goods or the environment in connection with their transport.
(2) On inland waterways, only dangerous goods provided for by implementing legislation are allowed to be carried, only on the basis of the authorisation of the navigational authority and on condition that the safety of persons, animals and goods is not compromised or the environment is not endangered in relation to their transport. The details of the application for authorisation and other conditions for the transport of dangerous goods under which authorisation may be granted shall be laid down in the implementing legislation.
(3) The sailing authority shall inform the regional authorities whose administrative perimeter will be the transport of dangerous goods and the competent water manager of the authorisation issued pursuant to paragraph 2.
(4) The water transport operator shall only be authorised to use vessels which are eligible for such transport under conditions laid down in the implementing legislation.
(5) The consignor shall indicate dangerous goods and attach to the accompanying documents their characteristics, nature of hazards and emergency measures.
(6) In the case of passenger water transport, passengers shall be entitled to carry dangerous goods as baggage only to the extent and under conditions laid down in the contractual transport conditions. ';
4. After Paragraph 36, the following Section 36a is inserted:
Security advisers for the transport of dangerous goods
(1) Any natural or legal person carrying out activities related to the loading, unloading or transport of dangerous goods on inland waterways is required to appoint a safety adviser for the transport of dangerous goods (hereinafter referred to as "safety adviser").
(2) The main task of the Security Advisor, while maintaining the responsibility of the person referred to in paragraph 1, is to seek, by all appropriate means and measures to facilitate the transport of dangerous goods under the rules in force, the best possible safety conditions for such transport.
(3) Other tasks of the Security Advisor in relation to the person referred to in paragraph 1 shall in particular:
(a) monitor compliance with the rules on the transport of dangerous goods;
(b) make recommendations for the transport of dangerous goods;
(c) draw up an annual report on activities in the transport of dangerous goods; the annual reports must be kept for a period of 5 years and must be submitted at the request of the competent authority;
(d) monitor the procedures for compliance with the rules on the identification of dangerous goods carried;
(e) monitor the procurement of means of transport for the transport of dangerous goods and substances, taking into account the specific requirements to be met;
(f) monitor the inspection of equipment used in the transport, loading or unloading of dangerous goods;
(g) monitor that staff are properly trained, that such training is recorded in their file and that they have detailed operational procedures and instructions;
(h) monitor the application of appropriate emergency procedures in the event of any accident or incident which may adversely affect the safety of transport, loading or unloading of dangerous goods;
(i) to investigate and report on serious accidents, incidents or serious disturbances occurring during transport, loading or unloading of dangerous goods;
(j) apply appropriate measures to prevent recurrence of accidents, incidents or serious interference;
(k) take into account legislation and specific requirements relating to the transport of dangerous goods in the selection and use of subcontractors or third parties;
(l) ensure that accompanying documents and security equipment are available during transport in accordance with legislation.
(4) The Security Advisor shall be the natural person holding a valid certificate of competence of the Security Advisor. The certificate shall be subject to completion of training and examination. The certificate of competence of the safety adviser shall be issued by the navigational authority.
(5) The sailing authority shall keep a record of applications for the issue of a safety adviser's certificate of competence and of the natural persons to whom that certificate has been issued. The processing of personal data shall be governed by specific legislation. 7a)
(6) Upon application following a selection procedure, the sailing authority may grant, on request, to a legal person with its registered office or organisational structure in the Czech Republic or to a natural person residing or being in business in the Czech Republic, an authorisation for activities relating to the provision of training and testing of applicants for the issue of a certificate of professional competence of a safety adviser. The authorisation may be granted by the Railway Authority to the person who proves:
(a) its independence from security advisors or persons employing security advisors;
(b) the ability to ensure equal access for applicants to tests;
(c) the competence of natural persons to conduct training and testing of applicants.
The authorisation shall be granted for a fixed period of no more than five years and shall lay down the conditions for the pursuit of the activity. Before the expiry of the authorisation, the navigational authority may, at the request of the holder, extend the authorisation for a maximum period of 5 years. The sailing authority may withdraw the authorisation if the holder of the authorisation does not comply with the conditions laid down therein.
(7) The conditions for the provision of a safety adviser, the acquisition of a certificate of competence of a safety adviser and the conditions under which other persons may be entrusted with carrying out activities related to the provision of training and testing of applicants for the issue of a safety adviser certificate shall be laid down in implementing legislation.
(8) The formalities for the application for an authorisation to operate referred to in paragraph 4 and the requirements for the expertise of natural persons carrying out training and testing of applicants for the issue of a safety adviser certificate shall be laid down in implementing legislation.
7a) Act No. 101 / 2000 Coll., on the protection of personal data and on the amendment of certain laws, as amended. '
5. the following Part VII is inserted after Part VI, including the title and footnotes Nos 8a to 8c:
REGULATION OF THE AQUATIC TRANSPORT MARKET
(1) Ministry of Transport
(a) checks the development of the capacity supply of vessels intended to carry water transport costs registered in the register;
(b) evaluate the intensity of water transport in relation to the capacity of vessels, the permeability and the status of waterways;
(c) monitor that the development of the capacity supply of vessels and the intensity of water transport does not lead to a serious distortion of the financial management of water transport operators.
(2) In the months of January and July of each year, water transport operators shall provide the Ministry of Transport with a declaration of the overall results of the previous period in relation to the operation of water transport.
Paragraph 37a does not apply to the capacity of vessels
(a) operated exclusively on a waterway not linked to the waterways of another Member State of the European Communities;
(b) intended for pushing up to 300 kW;
(c) which are operated for non-profit-making public transport;
(d) whose load capacity is less than 450 tonnes;
(e) which have the character of a floating machine or a floating device or a floating body; or
(f) a water path manager.
A market disturbance in water transport occurs when:
(a) the development of the capacity supply of vessels exceeds the evolution of demand for at least six months in succession; or
(b) the intensity of water transport causes long-term, but not less than six months, obstruction of waterways
and where, for these reasons, a significant number of water transport operators are facing bankruptcy under specific legislation. (a)
(1) If the market disturbance in water transport occurs, the Ministry of Transport shall request the Commission of the European Communities (hereinafter referred to as "the Commission") to take a decision on the regulation of the capacity of vessels. (b) To this end, it shall provide the Commission with documents and information justifying the request, in particular the average costs and prices of the different modes of transport, the rates for using the ship's premises and the estimate of demand.
(2) The Commission decision to regulate the capacity of vessels will be published by the Ministry of Transport in the Transport Bulletin.
(1) In the event of a breakdown of the water transport market, the Ministry of Transport shall, for the purposes of its regulation, set up an account of water transport (hereinafter referred to as "the account"). Water transport operators shall contribute to the account under the conditions laid down in the specific regulation. 8b) Account funds are other State funds and are assigned. In managing and managing the revenue and expenditure of the account, the Ministry of Transport shall also follow the rules of the European Communities. (c)
(2) The Minister for Transport shall decide on the use of the funds from the account under the conditions and within the limits laid down in the Commission Decision. The decision of the Minister for Transport to use the funds from the account shall not be subject to the administrative rules. The decision of the Minister for Transport shall be published in the Transport Bulletin.
(3) Unspent account funds are transferred to the following calendar year at the end of the calendar year.
(1) The report on the management of account funds for the relevant calendar year will be discussed by the Ministry of Transport with the relevant transport associations representing water transport operators and published in the Transport Bulletin.
(2) The water transport operator shall have the right to consult the data on the management of the account funds and to request clarification from the Ministry of Transport if there are reasonable doubts as to how the account is to be settled.
(3) The details of the account management and the allocation of funds from the account are laid down in the implementing legislation.
8a) Act No. 328 / 1991 Coll., on bankruptcy and settlement, as amended.
8b) Council Regulation (EC) No 718 / 1999 on a policy to promote inland waterway transport as regards the capacity of the Community fleet.
8c) Council Regulation (EC) No 718 / 1999 on a policy to promote inland waterway transport as regards the capacity of the Community fleet. Council Regulation (EC) No 805 / 1999 laying down measures for the implementation of Council Regulation (EC) No 718 / 1999 on a Community fleet capacity policy to promote inland waterway transport. ';
Parts VII and VIII shall become Parts VIII and IX.
footnote 8 (a) shall be renumbered footnote 8d, including the footnote references.
6. In Article 52, at the end of the sentence after the words "Paragraph 33a (3) ', the word" a' is replaced by a comma, the words "§ 36 (1) 'are deleted and the words" § 36 (2), § 36 (4), § 36a (7), § 36a (8) and § 37f (3)' are added.
7. In Annex 2, point 2 is deleted.
Points 3 to 7 shall be renumbered 2 to 6.
This Act shall take effect on the date of the entry into force of the Treaty of Accession of the Czech Republic to the European Union.
Zaoralek v. r.
Klaus v. r.
v z. Gross v. r.
Sign in for notes, favorites and notifications
Regulation Information
| Citation | Act No. 118 / 2004 Coll., amending Act No. 114 / 1995 Coll., on Inland Navigation, as amended |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 19.03.2004 |
|---|---|
| Effective from | 01.05.2004 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
Comments 0