Act No. 146 / 2010 Coll.
Law on the labelling and traceability of explosives for civil use
Valid
Effective from 05.04.2012
146
THE LAW
of 21 April 2010
on the labelling and traceability of explosives for civil use
Parliament has decided on this law of the Czech Republic:
General provisions
Subject matter
(1) This law implements the relevant provisions of the European Community1) and provides for
(a) a system for unequivocal marking and traceability of explosives for civil uses2 ("explosives"); and
(b) the competence of public authorities in the field of the labelling and traceability of explosives.
(2) This law does not apply to:
(a) explosives transported and delivered without packaging or in service vehicles for their direct loading into a corkscrew;
(b) explosives manufactured at the point of shot and to explosives which are directly charged after manufacture;
(c) ammunition, pyrotechnic articles and military ammunition;
d) Explosives, explosive items and equipment which are held for their needs by the armed forces of the Czech Republic, armed security forces, intelligence services of the Czech Republic, the Czech Office for the Testing of Weapons and Ammo and the Czech Fire Rescue Corps for the performance of the service,
(e) explosives, explosive articles and equipment which are held for their needs by the armed forces and forces of other States when they are present in the Czech Republic, when they cross the territory of the Czech Republic or when crossing over the territory of the Czech Republic, if this results from an international treaty which the Czech Republic is bound by.
Labelling of explosives
Unique indication
(1) Legal persons and business natural persons who:
(a) produce or assemble explosives (hereinafter referred to as "manufacturers");
(b) import explosives ("importers"); or
(c) handle explosives in a manner other than that referred to in (a) or (b) (hereinafter referred to as "persons handling explosives");
they are required to designate explosives and each smallest packaging thereof in such a way that the marking is clearly legible, unmistakable and that it complies with the requirements set out in the Annex to this Act ("the unambiguous marking '), provided that the explosives have not already been clearly labelled in accordance with that Act.
(2) Where the explosive is subject to further production and assembly processes, the persons referred to in paragraph 1 who carry out those processes shall not be required to re-identify it unambiguously, provided that the original unambiguous marking still complies with the requirements set out in Section 3 and the Annex thereto.
(3) Paragraph 1 shall not apply where an explosive is manufactured for export and marked in accordance with the requirements of the importing country allowing the explosive to be monitored.
(4) For each place of manufacture of explosives, the Czech Mining Office allocates a three-digit code upon request
(a) a manufacturer established on the territory of the Czech Republic if the place of manufacture of explosives is situated on the territory of the Czech Republic;
(b) a manufacturer established in the territory of the European Union where the place of manufacture of explosives is situated outside the territory of the European Union and the explosives are imported into the Czech Republic;
(c) an importer of explosives to the Czech Republic, unless the manufacturer is established in a Member State of the European Union and the place of manufacture of explosives is located outside the territory of the European Union.
(5) Where the persons referred to in paragraph 1 repack explosives, they shall be responsible for the unambiguous marking of the explosive and of each of its smallest packages.
Method of labelling explosives
(1) The unique marking shall be made directly on or permanently attached to the explosive.
(2) In addition to the unambiguous marking, the explosive may also be marked with a passive inert electronic identifier and each package containing the explosives by the associated identifier.
Means of identifying explosives in the form of charges and explosives in bags
Explosives in the form of stickers and explosives packed in bags shall be clearly labelled or printed on the label or bag. Each package containing labels shall bear the same marking.
Means of identification of two or more component explosives
Packed two and multi-component explosives shall be clearly labelled or printed on each smallest package containing the components.
Method of marking positive ignition detonators and igniters
The ignition detonators or igniters shall be clearly marked with a label or direct print or shall be stamped directly on the detonator cavity. Each smallest package containing spark detonators or igniters shall bear the same marking.
Method of marking electrical, non-electric and electronic detonators
The electrical, non-electric and electronic detonators shall be clearly labelled on the supply wires or on the detonation tube, or on the label, direct printing or embossing directly on the detonator cavity. Each smallest package containing detonators shall bear the same marking.
Method of identification of priming and amplifying charges
The effective and amplifying charges shall be clearly marked with a label or direct printing on the device. Any smallest package containing the initial or reinforcing charges shall bear the same marking.
Method of marking of fuses and matches
The flashbulbs and matches shall be clearly marked with a label or direct print on the coil. The unambiguous marking shall be marked on each five metres either on the outer packaging of a flash stick or a matchstick, or on the inner plastic layer immediately below the outer packaging of a flash box or a matchbook. Any smallest package containing flashbulbs or matches shall bear the same marking.
Means of identifying containers and drums containing explosives
Explosives packed in containers or barrels shall be clearly labelled or printed directly on the container or barrel containing explosives.
Copy of the original label
Where the manufacturer, importer or person handling explosives identifies the explosive with a self-adhesive removable sticker which is a copy of the original label and which the customer can use, it shall be visibly marked as a copy.
Registration
Collection of data
(1) The manufacturer, importer and person handling explosives are required to establish and maintain a system for the unequivocal labelling and traceability of explosives (3) within the scope of the application for authorisation to transfer and acquire explosives, including unambiguous marking, up to the time of consumption or destruction of explosives and at all stages of the supply chain.
(2) The system referred to in paragraph 1 must allow the monitoring of the explosive in such a way that the identification of the persons in respect of whom the explosives are found is possible at any time.
(3) The data collected, including unambiguous markings, must be stored by the manufacturer, importer and person handling explosives for a period of 10 years after delivery, consumption or destruction of the explosive, even if they no longer use explosives. In the event of the disappearance of the manufacturer, importer or person handling explosives, the insolvency administrator or liquidator shall transmit the data referred to in paragraph 1 to the competent district mining office; the data will be stored here until the end of the specified period.
Obligations of manufacturers, importers and persons handling explosives
The manufacturer, importer and person handling explosives shall:
(a) keep records of all the information referred to in paragraph 12, together with data on persons who have acquired the explosive, to whom the explosive has been transmitted or to whom it has been imported;
(b) keep records of the location of each explosive they dispose of before being further transmitted or used;
(c) regularly, at least once per calendar year, verify the data collection system in order to ensure the effectiveness of the system and the quality of the data recorded;
(d) have stored the collected data, including those from the unambiguous labelling, for the period referred to in Article 12 (3);
(e) protect the data collected from accidental or arbitrary damage or destruction;
(f) provide, at the request of the authorities referred to in Section 14, the authorities of the Police of the Czech Republic or of the law enforcement authorities, information on the origin and location of the explosive until its consumption or destruction and at all stages of the supply chain; and
(g) to provide the authorities referred to in (f) with the name and contact details of the person who may supply the information referred to in (f) outside the working hours.
Performance of state administration
Scope of public authorities
(1) The State Administration pursuant to this Act shall:
(a) the Czech Mining Authority; and
(b) district mining authorities.
(2) Czech Mining Authority
(a) assigns a three-digit code to the place of production under this Act; and
(b) decide on appeals against decisions of the district mining authorities under this law;
(c) supervise compliance with obligations under this law.
(3) District Mining Offices
(a) supervise compliance with obligations under this law;
(b) impose the necessary measures to remedy the deficiencies relating to labelling, data collection and the fulfilment of obligations under Article 13;
(c) conduct administrative delicacies proceedings; and
(d) keep the data in the cases referred to in Article 12 (3).
Performance of surveillance
(1) When carrying out surveillance, the supervisory authorities shall check compliance with obligations under this law and other legislation as far as they relate to the labelling and traceability of explosives. The supervisory authorities shall also impose measures to remedy the deficiencies identified under this Act, in particular measures to carry out the necessary work. For the purpose of supervision, persons exercising the powers of supervisory authorities shall be entitled to enter all premises where explosives are located, including stores, production and storage facilities and other premises.
(2) The person subject to supervision under this Act shall be required to submit documentation to those authorities for supervisory purposes and to provide them with information on the activities related to the marking and movement of explosives.
Administrative offences of legal and business natural persons
(1) The manufacturer, importer or person handling explosives shall commit an administrative offence by:
(a) not establish or maintain a system for the unambiguous labelling and traceability of explosives pursuant to Article 12 (1);
(b) maintain a system for the unambiguous marking and traceability of explosives in such a way that it does not allow the tracking of explosives or the identification of the persons to whom the explosive is located;
(c) treat explosives which do not comply with the requirements of the unambiguous marking laid down in this Act in Sections 2 to 11;
(d) as a manufacturer or importer, keeps records in breach of Article 13 (a);
(e) in breach of Paragraph 13 (b), does not keep records of the location of the explosive;
(f) in breach of Article 13 (c), it does not regularly verify a system for the unambiguous labelling and traceability of explosives in order to ensure its effectiveness and quality of the recorded data;
(g) it does not have stored data collected under this law to the extent specified or within the time limits laid down by the law;
(h) does not protect the collected data from accidental or arbitrary damage;
(i) does not, at the request of the supervisory authorities, provide information on the origin and location of the explosive during its life and at all stages of the consumer chain;
(j) does not provide the supervisory authorities with the name and contact details of the person who may provide the information referred to in Article 13 (f); or
(k) fails to comply with the remedies imposed under Paragraph 14 (3).
(2) A fine may be imposed for an administrative offence up to the amount of:
(a) 1 000 000 CZK if it is an administrative offence under paragraph 1 (a) to (h);
(b) 500 000 CZK, if it is an administrative offence under paragraph 1 (i) to (k).
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) The determination of the amount of the fine shall take into account the seriousness of the administrative offence, in particular the manner in which it was committed and the consequences thereof and the circumstances in which it was committed.
(3) The liability of a legal person for an administrative offence shall cease if the administrative authority has not initiated proceedings against him within 3 years of the date on which he became aware of it, but not later than 5 years, and for the offence referred to in Article 16 (1) (g) no later than 10 years from the date on which he was committed.
(4) Administrative offences under this law are dealt with at first instance and fines are imposed by the District Mining Office.
(5) The provisions of this Act on liability and sanctions of a legal person shall apply to liability for acts which have taken place in or directly related to the business of a natural person.
(6) The fines are collected and enforced by the authority which imposed them. The income from fines is the income of the state budget.
(7) In addition to the fine, in the case of an administrative offence under Article 16 (1) (c) or (k), forfeiture of an explosive may be imposed if it belongs to a person who has committed an administrative offence by using or intending to use the explosive to commit an administrative offence. The failure cannot be imposed if the value of the explosive is in a conspicuous proportion to the nature of the administrative offence. The owner of the dropped explosive becomes.
Transitional provision
The obligations of the manufacturer, importer or person handling explosives which consist of the registration and labelling of explosives manufactured by the date of entry into force of this Act shall be governed by existing legislation.
Efficacy
This Act shall take effect on 5 April 2012.
Wolf
Klaus v. r.
Fischer v. r.
Annex to Act No. 146 / 2010 Coll.
Unambiguous marking of explosives
The unique designation shall consist of:
I. the legible part of the marking containing the following information:
(a) the name, business name or designation of the person referred to in Article 2 (1);
(b) alphabetical code comprising:
1. a total of 2 letters identifying the Member State (place of production or import on the Community market as referred to in point IV),
2. a total of 3 digits indicating the place of production (assigned by the Czech Mining Office),
3. the product code allocated by the manufacturer and the manufacturer's logistical information;
II. electronically readable identification in the form of a barcode or matrix code format which directly corresponds to an alphabetical and numerical identification code.
Example of matrix code:
Example of barcode:
III. For articles which are too small to include the information referred to in Part I (b) (3), the information referred to in Part I (b) (1) and (2) and Part II shall be considered sufficient.
IV. Designation of EU Member States
| Belgie | BE |
| Bulharsko | BG |
| Česká republika | CZ |
| Dánsko | DK |
| Estonsko | EE |
| Finsko | FI |
| Francie | FR |
| Irsko | IE |
| Itálie | IT |
| Kypr | CY |
| Litva | LV |
| Lotyšsko | LT |
| Lucembursko | LU |
| Maďarsko | HU |
| Malta | MT |
| Německo | DE |
| Nizozemsko | NL |
| Polsko | PL |
| Portugalsko | PT |
| Rakousko | AT |
| Rumunsko | RO |
| Řecko | GR |
| Slovensko | SK |
| Slovinsko | SI |
| Spojené království | GB |
| Španělsko | ES |
| Švédsko | SE |
1) Commission Directive 2008 / 43 / EC of 4 April 2008 establishing, pursuant to Council Directive 93 / 15 / EEC, a system for the identification and traceability of explosives for civil use.
2) Article 21 of Act No. 61 / 1988 Coll., on Mining, Explosives and the State Mining Administration, as amended.
3) Article 25a of Act No. 61 / 1988 Coll., as amended.
*) the three-digit number code assigned by the Czech Mining Office shall be entered at the places marked "0"
* *) in places marked with "x" the combination of numbers and letters is given
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Regulation Information
| Citation | Act No. 146 / 2010 Coll., on Labelling and Traceability of Explosives for Civil Use |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 20.05.2010 |
|---|---|
| Effective from | 05.04.2012 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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