Act No. 138 / 2008 Coll.
Act amending Act No. 19 / 1997 Coll., on certain measures related to the prohibition of chemical weapons and amending and supplementing Act No. 50 / 1976 Coll., on Territorial Planning and Construction Regulations (Construction Act), as amended, Act No. 455 / 1991 Coll., on Business Enterprise (Trade Code), as amended, and Act No. 140 / 1961 Coll., Criminal Act, as amended, as amended
Valid
Law
Effective from 01.07.2008
Text versions:
01.07.2008
25.04.2008
138
THE LAW
of 20 March 2008
amending Act No. 19 / 1997 Coll., on certain measures relating to the prohibition of chemical weapons and amending and supplementing Act No. 50 / 1976 Coll., on the zoning and construction rules (Construction Act), as amended, Act No. 455 / 1991 Coll., on business entrepreneurship (Trade Act), as amended, and Act No. 140 / 1961 Coll., Criminal Act, as amended
Parliament has decided on this law of the Czech Republic:
Act No. 19 / 1997 Coll., on certain measures related to the prohibition of chemical weapons and amending and supplementing Act No. 50 / 1976 Coll., on Territorial Planning and Construction Regulations (Construction Act), as amended, Act No. 455 / 1991 Coll., on Commercial Enterprise (Trade Code Act), as amended, and Act No. 140 / 1961 Coll., Criminal Act, as amended, Act No. 249 / 2000 Coll., Act No. 356 / 2003 Coll., Act No. 186 / 2004 Coll., and Act No. 186 / 2006 Coll., is amended as follows:
1. In Article 2 (j), the comma after the word "processing 'is replaced by" or' and the words "import or export 'are deleted.
2. In Article 2, at the end of the text in point (k), the words "or space for the production of certain organic chemicals' shall be added.
3. In Article 2, at the end of point (m), the dot is replaced by a semicolon and the following point (n) is added:
"(n) by transferring the output of specified substances from the territory of the Czech Republic or by entering the territory of the Czech Republic."
4. In Paragraph 3 (2), the word "import 'is replaced by the word" transfer'.
5. In Article 4 (1), the words "found 'are replaced by the words" found'; the words "communicated 'shall be inserted after the words" to the Fire Department of the Czech Republic and'.
6. In Article 5 (1), the word "import 'is replaced by" transfer'.
7. Paragraph 6 (2) reads as follows:
"(2) The natural or legal person handling scheduled substances for protective purposes shall report to the Office on the activities carried out for those purposes in the previous calendar year by 31 January of the following year. The content of the report shall be laid down by implementing legislation. ';
8. In Article 7 (2), the words "Criteria for the listing of specified substances, including lists' are replaced by the words" Lists'.
9. In Paragraph 7a (1), the word "import 'is deleted.
10. In Article 8, the words "and only for research, medical, pharmaceutical or protective purposes' shall be added at the end of the text of paragraph 1.
11. in Paragraph 8 (2), the word "o" shall be inserted after the words "weapon and";
12. Footnote 2:
"(2) Convention on the Prohibition of the Development, Production, Stocks and Use of Chemical Weapons and on Their Destruction, published under No 94 / 1997 Coll. '.
13. in Article 9 (2) (a), the word "seat" shall be replaced by "place of establishment" and the words "Czech Republic" shall be replaced by "one of the Member States of the European Union or another Contracting State of the Agreement on the European Economic Area."
14. In Article 9 (3), the words "or the number of establishments in which production takes place shall not exceed the number laid down by the Office by decree 'shall be replaced by the words" and where the production of highly hazardous substances takes place in the premises provided for in the implementing legislation'.
15. in Paragraph 9 (4):
"(4) The Office shall not grant a licence,
(a) if the applicant has been withdrawn during the previous 10 years before the date on which the licence application was lodged; or
(b) if this is contrary to the security interests of the Czech Republic; the opinion as to whether the grant of the licence is consistent with those interests shall be communicated to the Office by the Ministry of the Interior, the Security Information Service, Military Intelligence and the Office for Foreign Relations and Information; those authorities shall be required to make written observations on the application for a licence within 30 days from the date on which they received the copy of the application from the Office, otherwise they shall be deemed to agree to the grant of the licence. ';
16. in Paragraph 10 (2) (b), including footnote 2a,
"(b) citizenship of a Member State of the European Union, of another Contracting State of the Agreement on the European Economic Area, of the Swiss Confederation or of another State, as regards a person entitled to the recognition of professional qualifications under special legislation2a),
(2a) Act No. 18 / 2004 Coll., on the recognition of professional qualifications and other competences of nationals of Member States of the European Union and amending certain laws (Act on the Recognition of Professional Qualifications), as amended. '
Footnotes 2a and 2b to date are referred to as footnotes 2b and 2c, including the footnotes.
17. in Paragraph 10 (2) (c), the words "permanent residence" shall be replaced by the words "permanent residence."
18. in Paragraph 10 (2) (f), including footnote 2b:
"(f) professional competence for the management of hazardous chemicals and chemical products classified as highly toxic in accordance with the specific legislation (2b);
2b) § 44b of Act No. 258 / 2000 Coll., on the Protection of Public Health and on the amendment of certain related laws, as amended. '
Footnotes 2b and 2c are renumbered as footnotes 2c and 2d, including the footnotes.
19. In Paragraph 10, the dot is replaced by a comma at the end of paragraph 2 and the following point (g) is added:
"(g) 3 years of experience in chemistry fields."
20. in Article 12 (1) (a), the word "seat" shall be replaced by the words "place of establishment" and, at the end of the text in point (a), the words "when assigned."
21. in Article 12 (1) (b):
"(b) the name and surname, the date of birth and the address of the representative on whom he is permanently present;"
22. in Article 12 (2), the words "or, where appropriate, the decision on the recognition of professional qualifications in accordance with the specific legislation (2a)" shall be added at the end of the text in point (c).
23. in Article 12 (2) (e), "18" is replaced by "25a."
24. In Paragraph 12, the dot is replaced by a comma at the end of paragraph 2 and the following point (h) is added:
"(h) a copy of the decision of the public health authority to classify the workplace as a health hazard category under the specific legislation (2c).
2c) Act No. 258 / 2000 Coll., on the Protection of Public Health and on the amendment of certain related laws, as amended. '
Footnotes 2c and 2d are referred to as footnotes 2d and 2e, including the footnotes.
25. in Article 13 (3) (a), the word "seat" shall be replaced by "place of establishment" and the words "allocated" shall be added at the end of the text of point (a).
26. in Paragraph 13 (3) (b):
"(b) the name and surname, the date of birth and the address of the representative on whom he is permanently present;"
27. In Section 13, the following paragraph 4 is added, including footnote 2d:
"(4) The licence is not required for rescue operations intended to avert or reduce the immediate exposure of risks arising from an emergency or for disposal operations intended to eliminate the consequences of exceptional occurrences 2d); the person performing the rescue or liquidation work shall immediately notify the police of the Czech Republic and the Office of their implementation.
2d) Act No. 239 / 2000 Coll., on an integrated rescue system and amending certain laws, as amended. '
Footnotes 2d and 2e are referred to as footnotes 2e and 2f, including the footnotes.
28. In Paragraph 14, at the end of paragraph 2, the dot is replaced by "or 'and the following point (c) is added:
"(c) the exercise of the licence holder's authorisation is contrary to the security interests of the Czech Republic; the opinion on whether the exercise of the licence holder's authorisation is contrary to those interests shall be communicated to the Office by the Ministry of the Interior, the Security Information Service, Military Intelligence or the Office for Foreign Relations and Information. ';
29.
Transfer of highly hazardous substances
(1) The transfer of highly hazardous substances is only possible between the Member States of the Convention and only under the conditions laid down in this Convention.
(2) The licence holder is required to report to the Authority the information on the anticipated transfer of highly hazardous substances within 40 days of the date of implementation. '
30. Paragraph 18, including the title, reads:
Notification of highly hazardous substances
The licence holder shall report to the Authority data on the handling of highly dangerous substances for the previous calendar year by 31 January of the following year and on the intended use for the following calendar year by 31 August of the current year. The details to be reported by the licence holder shall be laid down in the implementing legislation. ';
31. In Paragraph 19, at the end of paragraph 2, the words "which shall immediately communicate this information to the Fire Department of the Czech Republic and the Authority 'shall be added.
32. in Paragraph 20 (1):
"(1) A natural or legal person handling dangerous substances and exceeding a specified amount of dangerous substances or their concentration shall be required to report to the Authority data on the production, processing, consumption and transfer of dangerous substances for the previous calendar year by 31 January of the following year and on the expected production, processing and consumption of dangerous substances for the following calendar year by 31 August of the current year."
33. Paragraph 20 (2) is deleted.
Paragraph 3 shall become paragraph 2.
34. In Paragraph 20, the following paragraph 3 is inserted after paragraph 2:
"(3) The implementing act shall determine the quantity of dangerous substances, the concentration of dangerous substances mixed with other substances and the content of the reports referred to in paragraphs 1 and 2. ';
35. Paragraph 21 shall be deleted, including the title.
36. Paragraph 22, including the title, reads:
Transfer of dangerous substances
(1) A natural or legal person may transfer dangerous substances from or to Member States of the Convention.
(2) Dangerous substances may only be transferred from or to non-Member States of the Convention provided that dangerous substances do not exceed a specified concentration in a mixture with other substances and fulfil the specified method of packaging of products. The implementing legislation provides for the concentration of a dangerous substance in a mixture with other substances and the method of packaging of products containing dangerous substances. ';
37. in Paragraph 23 (1):
"(1) A natural or legal person handling less dangerous substances and exceeding a specified amount of less dangerous substances or their concentration shall be required to report to the Authority data on the production and transfer of less dangerous substances for the previous calendar year by 31 January of the following year and the estimated production of less dangerous substances for the following calendar year by 31 August of the current year."
38. Paragraph 23 (2) is deleted.
Paragraph 3 shall become paragraph 2.
39. In Article 23, the following paragraph 3 is inserted after paragraph 2:
"(3) The implementing act shall determine the amount of less dangerous substances, the concentration of less dangerous substances in a mixture with other substances and the content of the reports referred to in paragraphs 1 and 2. ';
40. Paragraph 24 shall be deleted, including the title.
41. Paragraph 25, including the title, reads:
Transfer of less dangerous substances from the Czech Republic
(1) When transferring less dangerous substances to States not members of the Convention, a natural or legal person shall ensure a declaration by the consignee to acquire those substances that will not be transferred to another State and will be used only for the purposes set out in Section 6.
(2) Less dangerous substances which do not exceed a specified concentration in a mixture with other substances or comply with a specified method of packaging of products may be transferred to States which are not members of the Convention without the obligation to ensure the declaration of the consignee referred to in paragraph 1. The implementing legislation provides for the concentration of a less dangerous substance in a mixture with other substances and the method of packaging of products containing less dangerous substances. '
42. in Part Three, the following Title V is inserted after Title IV:
EVIDENCE OF CERTAIN SUBSTANCES
(1) The licence holder, the natural or legal person handling dangerous substances and the natural or legal person handling less dangerous substances are required to:
(a) keep a permanent record of the scheduled substances in written or electronic form;
(b) submit to the Office, upon request, for inspection;
(c) at the end of the treatment of specified substances, transmit the register to the Office without undue delay.
(2) The content, manner and form of keeping records shall be laid down in the implementing legislation. ';
Current Heads V and VI shall be referred to as Titles VI and VII.
43.Paragraph 26 (1) reads as follows:
"(1) A natural or legal person who produces more than 200 tonnes in a calendar year of certain organic chemicals that are not specified substances, or more than 30 tonnes of an organic chemical that is not a specified substance but contains phosphorus, sulphur or fluorine, shall report this to the Authority by 31 January of the following year. ';
44. In Article 26, the following paragraph 4 is added:
"(4) The implementing act lays down the content of the reports referred to in paragraphs 1 and 2. ';
45. § 27 reads:
If the Police of the Czech Republic, the Military Police or the Prison Service of the Czech Republic use chemicals in their activities to ensure public order and security, they are required to report the name of the chemical used. Such data and amendments thereto shall be reported to the Office within 10 days of the date on which the data were created or changed. ';
46. In Article 28 (1), the words "which produce certain organic chemicals' shall be inserted after the words" specified substances'.
47. Paragraph 32 to 34, including the headings and footnotes 6, read:
"Administrative offences
Transfers
(1) A natural person commits an offence by:
(a) not to notify the police of the Czech Republic of the finding or reasonable suspicion of the finding of a chemical weapon or equipment for the manufacture of chemical weapons or of the finding of a highly dangerous substance;
(b) as owner or holder of a chemical weapon, does not dispose of that weapon in the manner and within a time limit specified by the Office; or
(c) infringes the prohibition on the development, manufacture, transfer, assembly or otherwise of equipment for the manufacture of chemical weapons or the design, construction and use of facilities for the production of such weapons.
(2) A fine of up to 50 000 CZK may be imposed for the offence referred to in paragraph 1 (a) and for the offence referred to in paragraph 1 (b) and (c) for the fine up to 1 000 000 CZK.
Administrative offences of legal and business natural persons
(1) A natural person, whether legal or legal, commits an administrative offence by:
(a) not to notify the police of the Czech Republic of the finding or reasonable suspicion of the finding of a chemical weapon or equipment for the manufacture of chemical weapons or of the finding of a highly dangerous substance;
(b) as owner or holder of a chemical weapon, shall not dispose of that weapon in a manner and within a time limit to be determined by the Office;
(c) infringes the prohibition on the development, manufacture, transfer, assembly or other acquisition and holding of chemical weapons equipment or the design, construction and use of equipment for the production of such weapons;
(d) treat highly dangerous substances without a licence granted by the Office;
(e) as a person handling dangerous substances, does not comply with the reporting requirement of Paragraph 20;
(f) as a person handling less dangerous substances, fails to comply with the reporting requirement of Paragraph 23; or
(g) as a person who produces more than 200 tonnes in the calendar year of certain organic chemicals which are not specified substances, or more than 30 tonnes of an organic chemical which is not a specified substance but contains phosphorus, sulphur or fluorine, does not comply with the reporting requirement of Section 26.
(2) The licence holder commits an administrative offence by:
(a) make it impossible to place control devices in accordance with Article 16 (a);
(b) fails to fulfil the reporting obligation under Paragraph 18; or
(c) not apply for a change of licence pursuant to Article 15 (2).
(3) The licence holder, a legal person or an undertaking natural person handling dangerous substances, or a legal person or an undertaking natural person handling less dangerous substances, shall commit an administrative offence by failing to register the substances in breach of Article 25a (1) (a) in breach of Article 25a (1) (b) in breach of Article 25a (1) (b) in respect of which the registration of the Office is not submitted for inspection or in breach of Article 25a (1) (c) in breach of Article 25a (1) (c) in respect of which it does not transmit to the Office the register of specified substances after the end of the treatment.
(4) A fine shall be imposed for the administrative offence:
(a) up to 30 000 000 CZK, if it is an administrative offence referred to in paragraph 1 (d),
(b) up to CZK 1 000 000, if it is an administrative offence under paragraph 1 (b) and (c),
(c) up to CZK 500,000 if it is an administrative offence as referred to in paragraph 2,
(d) up to CZK 100,000 if it is an administrative offence under paragraphs 1 (e) to (g) and 3,
(e) up to 50 000 CZK if the administrative offence referred to in paragraph 1 (a) applies.
Common provisions on administrative offences
(1) The legal person shall not be liable for an administrative offence if he proves that he has made every effort to prevent an infringement.
(2) In determining the amount of the fine to a legal person, account shall be taken of the seriousness of the administrative offence, in particular the manner in which it was committed, the circumstances in which it was committed and the consequences thereof.
(3) The liability of a legal person for an administrative offence shall cease if the administrative authority has not initiated proceedings against him within three years of the date on which he became aware of it, but no later than ten years after the date on which he was committed.
(4) Administrative offences under this law shall be dealt with at first instance by the Office.
(5) The provisions of this Act on liability and sanctions of a legal person are applicable to liability for acts which have taken place in the course of or directly related to the business of a natural person (6).
(6) Fines are collected by the Office and enforced by the customs office. The income from fines is the income of the state budget.
6) Paragraph 2 (2) of the Commercial Code. '
48. in Paragraph 35, paragraphs 1, 5, 8 and 9, including footnote 4, are deleted;
Paragraphs 2 to 4 shall become paragraphs 1 to 3, paragraphs 6 and 7 shall become paragraphs 4 and 5.
49. In Paragraph 35 (4), the words "export and import 'are replaced by the words" transfer' and the words "special law 'are replaced by the words" special legislation (7)'.
footnote 7:
"7) Act No. 38 / 1994 Coll., on Foreign Trade in Military Material and on the Addition of Act No. 455 / 1991 Coll., on Business Business (Trade Act), as amended, and Act No. 140 / 1961 Coll., Criminal Act, as amended. Act No. 594 / 2004 Coll., implementing the European Community regime for the control of exports of dual-use goods and technology. '
50. Paragraph 35 (5) reads as follows:
"(5) The Office will issue an order for implementation of Articles 6 (2), 7 (2), 9 (3), 18, 20 (3), 22 (2), 23 (3), 25 (2), 25a (2) and 26 (4)."
51. In Article 35, paragraph 6 is added:
"(6) The Authority and the Ministry of Industry and Trade shall provide each other with information concerning licensing and authorisation for specified substances. They shall immediately inform each other of the facts relevant to the licensing, authorisation and monitoring of compliance with the Convention and this Law. ';
Repeal
Decree No. 50 / 1997 Coll., implementing the Act on certain measures related to the prohibition of chemical weapons, is hereby repealed.
Efficacy
This Act shall take effect on 1 July 2008.
Wolf
Klaus v. r.
Topolánek v. r.
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Regulation Information
| Citation | Act No. 138 / 2008 Coll., amending Act No. 19 / 1997 Coll., on certain measures related to the prohibition of chemical weapons and amending and supplementing Act No. 50 / 1976 Coll., on the zoning and construction rules (Construction Act), as amended, Act No. 455 / 1991 Coll., on business entrepreneurship (Trade Code), as amended, and Act No. 140 / 1961 Coll., Criminal Act, as amended |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 25.04.2008 |
|---|---|
| Effective from | 01.07.2008 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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