Act No. 148 / 2010 Coll.
Act amending Act No. 156 / 2000 Coll., on the Verification of Firearms, Ammunition and Pyrotechnic Articles, and amending Act No. 288 / 1995 Coll., on Firearms and Ammo (Firearms Act), as amended by Act No. 13 / 1998 Coll., and Act No. 368 / 1992 Coll., on Administrative Charges, as amended, and certain related laws
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148
THE LAW
of 21 April 2010
amending Act No. 156 / 2000 Coll., on the Verification of Firearms, Ammings and Pyrotechnic Articles and amending Act No. 288 / 1995 Coll., on Firearms and Ammo (Firearms Act), as amended by Act No. 13 / 1998 Coll., and Act No. 368 / 1992 Coll., on Administrative Charges, as amended, as amended, and certain related laws
Parliament has decided on this law of the Czech Republic:
Amendment to the Firearms, Ammo and Pyrotechnic Articles Verification Act
Act No. 156 / 2000 Coll., on the verification of firearms, ammunition and pyrotechnic articles and amending Act No. 288 / 1995 Coll., on firearms and ammunition (Firearms Act), as amended by Act No. 13 / 1998 Coll., and Act No. 368 / 1992 Coll., on Administrative Charges, as amended, as amended by Act No. 119 / 2002 Coll., Act No. 309 / 2002 Coll., Act No. 227 / 2003 Coll., Act No. 444 / 2005 Coll., Act No. 36 / 2008 Coll. and Act No. 281 / 2009 Coll., is amended as follows:
1. In Section 1 of the Introductory Part of the provision, the words "incorporating the relevant provisions of the European Communities and following the directly applicable regulation of the European Community1 'shall be inserted after the words" This Act'.
Footnote 1:
"(1) Directive 2007 / 23 / EC of the European Parliament and of the Council of 23 May 2007 on the marketing of pyrotechnic articles. Regulation (EC) No 765 / 2008 of the European Parliament and of the Council of 9 July 2008 laying down requirements for accreditation and market surveillance relating to the marketing of products and repealing Regulation (EEC) No 339 / 93 (Text with EEA relevance). ';
2. in Article 2 (1) (a), the words ", specified ammunition and pyrotechnic articles" shall be replaced by the words "and specified ammunition."
3. in Article 2 (1) (b), the words "explosive article" shall be deleted;
4. in Article 2 (1) (c) to (e):
"(c) by the manufacturer, who designs or manufactures controlled products or pyrotechnic articles or essential parts thereof, or who has had such a product designed or manufactured, with a view to placing it on the market under the name, name, and surname, trade mark or other distinguishing mark; the manufacturer of the products checked shall also be considered to be the producer of the products,
(d) the importer of the products checked who places on the market in the Czech Republic controlled products originating in the Czech Republic, including the Member States of the European Union, or represents a producer not located in the Czech Republic;
(e) by the distributor, who, in the course of his business, sells controlled products and pyrotechnic products, brokers them, or otherwise makes them available on the market or provides them to users; ';
5. in Paragraph 2 (1) (h):
"(h) placing on the market:
1. in the case of controlled products, any transfer or offer for sale for distribution or use or transfer of title to controlled products by the manufacturer, importer, distributor or repairer in the Czech Republic,
2. in the case of pyrotechnic articles, the first delivery or other making available on the market of an individual product, whether for consideration or free of charge, for distribution or use, ';
6. In Article 2, at the end of paragraph 1, the dot is replaced by a comma and the following point (i) is added:
"(i) an importer of pyrotechnic articles, a person established in the territory of the European Union, who, in the course of his business, first supplies pyrotechnic articles from States not members of the European Union (" third countries ") to the European Union market.";
7. Paragraph 2 (4) and (5) reads as follows:
"(4) Products containing explosive substances or a mixture of explosive substances other than explosive substances or military explosives, with the exception of black dust or flash compounds, intended for the production of heat, light, sound, gas, smoke or a combination of these effects by means of self-sustaining exothermic chemical reactions shall be regarded as pyrotechnic articles. Pyrotechnic articles are subdivided into:
(a) fireworks of categories 1, 2, 3 and 4;
(b) theatrical pyrotechnics of categories T1, T2; or
(c) other pyrotechnic articles of categories P1, P2.
(5) A person with professional competence under this Act shall be a natural person over 18 who holds a certificate of professional competence for the treatment of pyrotechnic articles under this Act for categories 4, T2 and P2. '
8. In Article 3 (c), the words "or pyrotechnic articles' are inserted after the words" controlled products'.
9. the words "or pyrotechnic articles" shall be inserted after the words "controlled products."
10. At the end of § 3, the dot is replaced by a comma and the following point (g) is added:
'(g) pyrotechnic articles intended for:
1. Marine equipment subject to special legislation (5e),
2. equipment intended for use in the aerospace industry;
3. gun capsules intended only for toys falling within the scope of specific toy safety legislation.
5e) Government Decree No. 266 / 2009 Coll., on Technical Requirements for Marine Equipment. '
11. In Section 4, the words "and security 'shall be inserted after the words" Technical'.
12. in Paragraph 4 (1):
"(1) The technical and safety requirements for controlled products (hereinafter referred to as" specified technical requirements ") shall be deemed to be met if, when placed on the market and during their distribution and use, they comply with the requirements laid down by specific legislation or, in the absence of such specific legislation, comply with the requirements laid down by Czech technical standards. Such products shall be able to fulfil the function for which they are intended and shall not endanger the health, life or property of their users or the natural environment (hereinafter referred to as" safety "), subject to conditions specified by the manufacturer or importer. ';
13. The following Section 4a is inserted after Section 4:
(1) The manufacturer may place the pyrotechnic article on the market if it complies with the essential safety requirements laid down in the implementing legislation.
(2) If the pyrotechnic article complies with the relevant provisions
(a) harmonised European standards to which a reference is published in the Official Journal of the European Union;
(b) harmonised Czech technical standards transposing the standard referred to in (a); or
(c) foreign technical standards in a Member State of the European Union which transforms the standard referred to in (a);
which relates to the relevant essential safety requirement shall be deemed to be satisfied. This shall not apply if the reference from the Official Journal of the European Union has been withdrawn. ';
14. In Part One, in Title II, the words "AND PYROTECHNIC PRODUCTS 'shall be inserted after the words" PRODUCTS'.
15.
(1) Verification of pyrotechnic articles is carried out by conformity assessment.
(2) Conformity assessment means the procedure whereby the conformity of a pyrotechnic article with the essential safety requirements for pyrotechnic articles is assessed. Where it is demonstrated, in accordance with the procedure laid down in paragraph 3, that pyrotechnic articles comply with the essential safety requirements laid down, the Authority shall issue a certificate to the petitioner.
(3) One of the following procedures shall be used to assess the conformity of pyrotechnic articles:
(a) EC type-examination (Module B), the manufacturer of the pyrotechnic article further choosing conformity to type (Module C) or quality assurance of production (Module D) or product quality assurance (Module E);
(b) verification of each product (module G); or
(c) full product quality assurance (module H) as regards category 4 fireworks. ';
16.
(1) At trade fairs, exhibitions and demonstration events, pyrotechnic articles which do not comply with the requirements laid down in this Act and the implementing legislation on pyrotechnic articles may be presented and used only if they are visibly and legibly marked bearing the name of the trade fair, exhibition or demonstration action and which inform that the products do not comply with the requirements laid down in this Act and the implementing legislation on pyrotechnic articles and that they are not sold until they are brought into conformity by the manufacturer or importer.
(2) Pyrotechnic articles manufactured for the purpose of research, development and testing may be used for such purposes provided that they are clearly provided with information that they do not comply with the requirements laid down in this Act and the implementing legislation on pyrotechnic articles and are intended only for research, development and testing purposes. "
17.
Age restrictions
(1) Pyrotechnic articles placed on the market must not be supplied or otherwise provided to persons who have not reached the age limit
(a) 15 years as regards Category 1 fireworks;
(b) 18 years as regards Category 2 fireworks;
(c) 21 years as regards Category 3 fireworks;
(d) 21 years for other pyrotechnic articles of category P1 or theatre pyrotechnics of category T1.
(2) The age limits referred to in paragraph 1 shall not apply to persons with professional competence who may acquire pyrotechnic articles even before the age specified. ';
18. The following Section 14a is inserted after Section 14, including the title and footnotes No 17c and 17d:
Professional competence
(1) Professional competence is required for categories 4, P2 and T2.
(2) The applicant for a certificate of competence under this Act must be a person over 18 years of age. The applicant shall submit an application to the district mining office responsible for its place of residence. The application shall indicate the name, surname and surname, surname, date and place of birth, address of permanent residence, evidence of the education achieved and training completed, employer's address, job title and type of work carried out where the applicant is an employee. In addition, the applicant shall provide a photograph of 35 x 45 mm, proof of payment of the administrative fee and proof of his medical fitness. The integrity of the applicant is a condition for obtaining a certificate of competence.
(3) A person with a reduced ability to see, perceive and move safe handling of pyrotechnic articles shall not be regarded as unfit. The medical fitness of the applicant for a certificate of proficiency or holder of a certificate of proficiency for the handling of pyrotechnic articles shall be demonstrated by a medical assessment17c) which shall not exceed 90 days from the date of issue. An applicant who, according to the court's decision, is not fully eligible for legal action shall not be considered to be eligible as well as one who has not undergone a medical examination and has failed to provide a medical opinion in accordance with the second sentence. A medical assessor assessing the medical fitness of an applicant for a certificate or his / her holder, if not for a staff member, shall be understood as a medical practitioner with whom the person concerned is registered, unless he / she has such a doctor, any other medical practitioner.
(4) A person who has been convicted of a criminal offence committed in connection with the use or use of explosives or pyrotechnic articles shall not be deemed to be righteous. In order to determine whether a person fulfils the condition of integrity, the District Mining Office shall obtain an extract from the Register of Penalties under the special legislation 17d). An application for an extract from the Register of Penalties and an extract from the Register of Penalties shall be sent in electronic form in a way that allows remote access.
(5) Upon completion of the professional training completed by successful completion of the examination, the district mining office shall issue the applicant with a certificate of competence with a period of validity of 5 years. The professional guarantee of training is the Czech Mining Office and the Office which, in cooperation, approve the professional content of training and provide their own training. The member of the Examination Board shall be the person authorised by the Office. The chairman of the commission is the person appointed by the Czech Mining Office.
(6) The Circular Mining Office shall withdraw the certificate of professional competence issued if the person with competence no longer fulfils the conditions necessary to obtain the certificate of competence referred to in paragraphs 2 to 4.
(7) In the period 3 months before the expiry of the certificate of competence, the holder of that certificate may request an extension of its period of validity. The application shall be accompanied by a new medical certificate. Upon this request, he shall be required to submit to the examination by means of a written test to the extent laid down by the Government Regulation. The examination and evaluation of the written test shall be carried out by an examination panel which shall transmit written tests, together with an evaluation by the examination panel to the district mining office responsible for the applicant's place of residence. In the event of a positive outcome, the Circular Mining Authority shall extend the period of validity of the certificate for a further 5 years; in the case of a negative result, decide that the certificate expires.
(8) Persons with competence shall be required to report changes in the data in the certificate of competence to the Central Mining Office within one month of the date of the change. The District Mining Office shall keep, to the extent of its competence under paragraph 2, a list of persons with competence, a list of certificates issued and withdrawn. The central register of persons with professional competence and issued and withdrawn certificates shall be kept by the Czech Mining Office.
17c) § 77 of Act No. 20 / 1966 Coll., on the Care of People's Health, as amended.
17d) Act No. 269 / 1994 Coll., on the Register of Penalties, as amended. '
19. in Article 15 (1), the words "or pyrotechnic article" shall be inserted after the words "controlled product."
20. in Article 16 (1), point (d) is deleted;
Points (e) and (f) shall be renumbered as points (d) and (e).
21. in Article 16 (3), the second sentence is deleted;
22. in Article 16 (4) (a), the words "where doubts arise" shall be replaced by the words "and."
23. In Article 16, the following paragraph 5 is added:
"(5) Those who are registered in the licence of a specified firearm shall use or may leave only such a specified firearm or such specified ammunition marked with a valid test mark. ';
24. The following Section 16a is inserted after Section 16, including footnotes 18d to 18f:
(1) The manufacturer of pyrotechnic articles must:
(a) classify pyrotechnic articles in accordance with their method of use or their purpose and hazard levels, including noise level levels, and request the Authority to assess such classification by modules;
(b) ensure conformity assessment of pyrotechnic articles;
(c) provide the Authority, as a notified body for pyrotechnic articles, with the synergies needed to assess their conformity at its premises and facilities;
(d) issue an EC declaration of conformity, if the Government so provides by regulation;
(e) for pyrotechnic articles intended for use in vehicles, provide to users with competence upon request a safety data sheet drawn up in accordance with the directly applicable European Commonwealth Regulation (18d) in the language required; the safety data sheet may be provided in paper or electronic form, as required by the person to whom it is addressed;
(f) mark each pyrotechnic article with a period of validity and, after conformity assessment has been carried out, mark the CE mark and the additional marking laid down by the Government by the Regulation.
(2) The manufacturer of pyrotechnic articles shall also keep the technical documentation and other documents provided for in each conformity assessment procedure.
(3) The distributor of pyrotechnic articles may only supply or otherwise make available pyrotechnic articles designated under this Act and implementing legislation for which their period of application may not be exceeded.
(4) When importing pyrotechnic articles from third countries, the importer of pyrotechnic articles shall be required to comply with the special legislation 18e). The Ministry shall provide the Authority with the necessary information on import permits issued and imports effected, to the extent provided for by specific legislation18f.
(5) The manufacturer, importer or distributor of pyrotechnic articles may place on the market or supply category 4 fireworks, category T2 theatre pyrotechnic and other pyrotechnic articles of category P2 only to persons with professional competence.
(6) Where a pyrotechnic article manufacturer is not established in a Member State of the European Union, the importer of pyrotechnic articles shall fulfil the obligations of the pyrotechnic article manufacturer under this law.
18d) Article 31 of Regulation (EC) No 1907 / 2006 of the European Parliament and of the Council of 18 December 2006 on the Registration, Evaluation, Authorisation and Restriction of Chemicals, establishing a European Chemicals Agency, amending Directive 1999 / 45 / EC and repealing Council Regulation (EEC) No 793 / 93, Commission Regulation (EC) No 1488 / 94, Council Directive 76 / 769 / EEC and Commission Directives 91 / 155 / EEC, 93 / 67 / EEC, 93 / 105 / EC and 2000 / 21 / EC.
18e) Act No. 228 / 2005 Coll., on the control of trade in products whose possession is restricted in the Czech Republic for security reasons and on the amendment of certain laws, as amended.
18f) § 12 of Act No. 228 / 2005 Coll. '.
25. in Article 17 (3), the words "or pyrotechnic articles" shall be added at the end of the text of point (a).
26. in Paragraph 17 (3) (e), including footnote 19b:
"(e) decide to include a weapon or ammunition in the category of weapons A to D19b, if it receives a specified firearm or ammunition for verification or upon request;
19b) § 3 (1) of Act No. 119 / 2002 Coll. '.
27. In Article 17, at the end of paragraph 3, the dot is replaced by a comma and the following points (i) and (j) are added:
"(i) assess the classification of pyrotechnic articles in the framework of the assessment of their conformity under Article 12;
(j) conduct or provide training for competent persons and approve teaching texts and cooperate with the authorities of the State Mining Administration in the case of pyrotechnic articles. "
28. in Article 17 (4) (a) to (c), including footnote 19e, the following shall be added:
"(a) fulfils the information obligations arising from the international treaty, which is the Czech Republic vazan4),
(b) inform the European Commission (hereinafter referred to as "the Commission"), in accordance with the European Communities Regulation 19e.
1. the procedures for granting authorisations to competent persons;
2. market surveillance activities; and
3. accidents caused by pyrotechnic articles; to provide the Office with annual summaries of the relevant authorities, in particular public health authorities, the police authorities of the Czech Republic, the authorities of the Fire Department,
(c) before verifying any specified firearm submitted for verification after repair or modification, assess the technological process of repair or modification;
(e) Directive 2007 / 23 / EC of the European Parliament and of the Council. '
The existing footnotes No 19e and 19f are referred to as footnotes No 19f and 19g, including the footnotes references.
29. in Article 17 (4) (d), (f) and (j), the words "or pyrotechnic articles" shall be inserted after the words "controlled products."
30. In Article 17, at the end of paragraph 4, the dot is replaced by "a 'and the following point (k) is added:
"(k) collect administrative fees and fees (§ 15)."
31. Paragraph 17 (5), including footnotes 19f and 19g, reads:
"(5) In the event of a finding of unlawful conduct 19f) committed by a controlled person in the territory of the European Union or in another State constituting the European Economic Area and which damages or may harm the common interest of consumers 19g), the Office shall prohibit such conduct by decision.
(19f) Article 3 (b) of Regulation (EC) No 2006 / 2004 of the European Parliament and of the Council on cooperation between national authorities responsible for the enforcement of consumer protection laws (Consumer Protection Cooperation Regulation).
(19g) Article 3 (k) of Regulation (EC) No 2006 / 2004 of the European Parliament and of the Council. '
32. In Article 17, at the end of the text of paragraph 7, the words "except for information which must be published in the interests of security and in order to ensure effective market control and the activities of the Authority as a supervisory authority 'shall be added.
33. In Article 17, paragraphs 8 to 10 are added:
"(8) The Office shall act as a notified body in accordance with the relevant Regulation of the European Communities (19e) for pyrotechnic articles, meeting the criteria laid down in the Annex to this Act.
(9) The Office shall report annually to the Ministry on compliance with the criteria set out in the Annex to this Act. The Ministry is entitled to carry out a check to verify compliance with these criteria.
(10) If the Ministry finds, on the basis of an inspection, that the Authority does not comply with the criteria set out in the Annex to this Act, it shall decide on the transfer of compliance with the rights and obligations of the notified body to the Ministry. In such a case, the Ministry may conclude a public contract with a person who is competent to carry out conformity assessment to ensure compliance with the rights and obligations of the notified body. '.
34. In Section 18, the words "and pyrotechnic articles' shall be inserted after the words" controlled products'.
35. the words "or pyrotechnic articles" shall be inserted after the words "controlled products."
36. in Paragraph 18 (1) (d):
"(d) the type of activity required pursuant to § 6 (1), § 7, 8, 10, 11 or 12."
37. in Article 18 (5), the words "or pyrotechnic articles" shall be inserted after the words "controlled products."
38. in Paragraph 19 (1):
"(1) Controlled products which meet the specified technical requirements and have been verified by the Authority shall be marked with test marks the graphic design, design and location of which shall be determined by the Ministry by a decree. The Ministry shall also publish by decree the graphical form of test marks of firearms and ammunition used in the Contracting States. ';
39. Paragraph 20, including the title, reads:
Control
(1) The inspection of compliance with the obligations laid down by this law shall be carried out by the Office and by the inspectors authorised by it, who shall be shown by service cards. The model of this licence shall be determined by the Ministry by a decree. The check shall be carried out without prior notification.
(2) In the case of cross-border cooperation, the Office shall supervise and act in accordance with the relevant Regulation of the European Communities (19d) and to the extent of its substantive competence under specific legislation.
(3) Inspectors of the Office are authorised to:
(a) enter the premises and premises of controlled persons in which operations are carried out on the section of controlled products or pyrotechnic articles in accordance with the safety regulations;
(b) verify the identity of the persons checked, as well as the identity of the natural persons who represent the persons checked, and the authorisation to represent them;
(c) to require the necessary documents from the persons checked, to provide true and complete information and to provide written or oral explanations;
(d) take samples of controlled products or pyrotechnic articles for inspection to assess the conformity of such products with the requirements of law and implementing legislation.
(4) The samples shall be taken at the latest 90 days after the examination by the Office at the price at which the product is offered at the time of sampling. No refund shall be granted if the person checked surrenders to him or if the sample is returned in undamaged condition. The entitlement to the refund shall not arise in respect of a controlled product or pyrotechnic article which does not meet the specified technical requirements; the cost of assessing the conformity of the products collected with the requirements of the Act shall be claimed by the Office only if the assessment has established that the product does not comply with the requirements of the Act. ';
40. The following Sections 20a to 20c are inserted after Section 20, including the title and footnotes No 20a, 20b and 20c:
(1) Where the inspector of the Authority has reasonable grounds to suspect that the controlled product or pyrotechnic article does not comply with the requirements of this Act, he shall prohibit its placing on the market or making available for the period necessary to carry out the inspection.
(2) The inspector of the Authority shall, on the basis of the checks carried out, prohibit the placing on the market or the supply of controlled products or pyrotechnic articles which do not comply with the requirements of the law or special legislation20a) until the remedy is put into effect. This measure shall be notified orally to the person checked and shall immediately be recorded in the control protocol 20b.
(3) If the person concerned does not agree to the action imposed, he may object to it, which shall be indicated in the control report, or he may submit it to the Authority in writing no later than 10 days after the date on which the measure was notified. The objections submitted have no suspensory effect. The President of the Office shall decide on the objections without undue delay but within a maximum of five working days, and its decision shall be final. The written copy of the objection decision shall be served on the person checked.
(1) In the event that controlled products or pyrotechnic articles do not comply with the conditions for placing on the market or imminent danger to safety, the Authority shall decide to prohibit the further distribution of controlled products or pyrotechnic articles.
(2) Where controlled products or pyrotechnic articles have a technical defect and prove to be a risk to health or safety, the Authority shall decide to withdraw such products from the market; an appeal against that decision shall not have suspensory effect.
(3) The Authority may at the same time decide, where necessary to ensure safety, to destroy products or series of products or any other form of deterioration; an appeal against that decision shall not have suspensory effect.
(4) The Authority is to inform, in a timely and appropriate manner, persons who may be exposed to a serious risk caused by a controlled product or pyrotechnic article of that risk.
Notification obligation
(1) The Office is required to notify the Ministry of Justice of the adoption of measures concerning a controlled product or pyrotechnic article where the product presents a serious risk. It shall also notify the occurrence of a pyrotechnic article bearing the CE marking which may endanger the health and safety of persons even if it is used in accordance with the intended purpose.
(2) The information provided to the Ministry must contain all the information necessary for the identification of the controlled product or pyrotechnic article, its origin, the supply chain, the threat posed by the controlled product, the nature and duration of the action taken by the Authority, as well as information on the voluntary measure taken by the controlled person.
(3) If the risk may exceed the territory of the Czech Republic, the Ministry shall immediately inform the Commission of the presence of such a product.
(4) Where the Ministry receives information from the Commission on the adoption of measures in respect of a controlled product or pyrotechnic article or a series thereof presenting a serious risk, it shall forward that information to the Authority without undue delay for further action.
(5) In order to ensure the functioning of the information exchange system referred to in paragraphs 1 to 4, the legislation governing the procedure, content and form of information on the occurrence of dangerous non-food products20c) shall apply mutatis mutandis.
20a) For example Act No. 634 / 1992 Coll., as amended.
20b) Act No. 552 / 1991 Coll., on State Control, as amended.
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Regulation Information
| Citation | Act No. 148 / 2010 Coll., amending Act No. 156 / 2000 Coll., on the Verification of Firearms, Ammo and Pyrotechnic Articles, and amending Act No. 288 / 1995 Coll., on Firearms and Ammo (Firearms Act), as amended, and certain related laws |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 20.05.2010 |
|---|---|
| Effective from | 01.07.2010 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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