Act No. 179 / 2023 Coll.
Act amending Act No. 61 / 1988 Coll., on Mining Activities, Explosives and State Mining Administration, as amended
Valid
Law
Effective from 01.07.2023
Text versions:
01.07.2023
23.06.2023
179
THE LAW
of 31 May 2023
amending Act No. 61 / 1988 Coll., on Mining Activities, Explosives and the State Mining Administration, as amended
Parliament has decided on this law of the Czech Republic:
Act No. 61 / 1988 Coll., on Mining Activities, Explosives and State Mining Administration, as amended by Act No. 250 / 1990 Coll., Act No. 542 / 1991 Coll., Act No. 169 / 1993 Coll., Act No. 128 / 1999 Coll., Act No. 71 / 2000 Coll., Act No. 124 / 2000 Coll., Act No. 3 / 2005 Coll., Act No. 386 / 2005 Coll., Act No. 186 / 2006 Coll., Act No. 313 / 2006 Coll.
1. in Article 21 (1) (i) and (j), including footnote 13f:
"(i) the export of explosives
1. release for the customs procedure of export, the special customs procedure of outward processing or their re-export under the directly applicable European Union13f Regulation; or
2. actual transfer from the territory of the Czech Republic to the territory of a State which is not a Member State of the European Union, unless the explosives released under point 1 or the transit are involved,
(j) the importation of explosives
1. entry for the customs procedure for free circulation, the special customs procedure for storage, temporary importation, end-use or inward processing under the directly applicable European Union13f Regulation; or
2. actual transfer from the territory of a State which is not a Member State of the European Union to the territory of the Czech Republic, in the absence of explosives released under point 1 or of transit,
(f) Regulation (EU) No 952 / 2013 of the European Parliament and of the Council of 9 October 2013 laying down the Union Customs Code, as amended. '
2. in Paragraph 25 (1) (b), including footnotes 31 and 32, the following shall be added:
"(b) the acquisition of explosives into State tangible reserves; the explosive may be provided by the Administration of State tangible reserves to the authorities and bodies referred to in Article 1 (3) (a) or by the supplier or subcontractor of mobilising supplies at a state of threat to the state or to the state of war on the basis of the Government's assice.31) or in the context of replacement or substitution of state tangible reserves (32);
31) Article 5 of Act No. 241 / 2000 Coll., on economic measures for crisis situations and amending certain related laws, as amended.
32) § 3 of Act No. 97 / 1993 Coll., on the Jurisdiction of the Administration of State Material Reserves, as amended. '
3. in Article 25c (5) (b):
"(b) if export is concerned, the international import certificate of the competent authority of the State in whose territory the explosive is exported from the Czech Republic or the declaration by the foreign end-user of the final use of the explosive certified by the competent authority of the State of end-use of the explosive, in the original of not more than 90 days old or in a certified copy thereof, together with an officially certified translation into the Czech language; the declaration shall contain:
1. the name of the State in whose territory the place of final use of the explosive is situated;
2. the business name, name or forename or, where applicable, name, surname and registered office of the end-user;
3. a full description of the explosive referred to in Article 25a (1) (h);
4. information on the end-use of the explosive;
5. an anti-re-export clause containing the condition of consent of the competent authorities of the Czech Republic with possible re-export to third countries; and
6. the date of issue of the end-use declaration and, where applicable, its period of validity, the name of the authority which endorsed the end-use declaration and its stamp, the name and, where applicable, the name, surname and signature of the authorised representative who issued the end-use declaration; and ';
4. Paragraph 25c (7) reads as follows:
"(7) The request for authorisation shall be addressed within 20 days of the date of receipt of the request for expression by the Ministry of Foreign Affairs from the point of view of the foreign political interests of the Czech Republic in the case of export and the Ministry of Interior in the context of the internal order and security of the Czech Republic in the case of import; where the disapproval of these authorities is given, no authorisation may be granted. The competent intelligence service of the Czech Republic shall also comment on the application for authorisation in respect of its competence under the specific legislation within 20 days of the date on which the request for comments was received. If the Ministry or Intelligence of the Czech Republic does not comment within that period, it shall be deemed to agree to the issue of the authorisation. '.
5. Paragraph 25c (8) is deleted.
Paragraphs 9 and 10 shall be renumbered paragraphs 8 and 9.
6. Paragraph 25d (5) reads as follows:
"(5) In the authorisation of transit, the Czech Mining Office provides for the transit of explosives through the territory of the Czech Republic or the transit of explosives through the territory of the Czech Republic, where justified by the security or foreign political interests of the Czech Republic, as expressed by the Office for Foreign Relations and Information, the Security Information Services or the Ministry of Interior. If the Czech Mining Office does not receive observations within 20 days of the date of receipt of the request for an opinion from the Office for Foreign Relations and Information, the Security Information Service or the Ministry of Interior shall be deemed to agree to the issue of the authorisation."
7. Paragraph 25f (6) reads as follows:
"(6) An organisation which has been authorised to acquire, transfer or transit explosives and has carried out them on the basis of such an authorisation shall, after the end of each calendar year, within 30 days, notify the Czech Mining Office in writing of the quantities and trade names of explosives which it has acquired during the previous calendar year, or which have been the subject of transit. '
8. In Paragraph 25f, paragraphs 8 and 9 are added:
"(8) The Directorate-General for Customs provides the Czech Mining Authority with information on the import and export of explosives from
(a) Customs decision
1. the registration number of the decision in the customs procedure and its item number,
2. the date of release for the customs procedure or the date of release for re-export;
3. identification number of importer or exporter,
4. god code,
5. description of the goods,
6. country of dispatch or destination code,
(b) import or export authorisation
1. the reference number of the import or export authorisation and the entry number,
2. the quantity imported or exported,
3rd unit of measurement from the permit.
(9) The disclosure referred to in paragraph 8 shall not constitute a breach of confidentiality under the tax rules. ';
9. In Article 25g (1) (a), the words "Customs administrations of the Czech Republic, the authorities of the Czech Police or the authorities of the State Mining Administration" are replaced by the words "Police of the Czech Republic or the authorities of the State Mining Administration," and, in the case of authorisation to import or export, the authorities of the Czech Customs Administration. "
10.Paragraph 25h (3) reads as follows:
"(3) Data from the issued authorisations for the import or export of explosives are provided by the Czech Mining Office to the Directorate-General for Customs. The permit to export explosives is sent by the Czech Mining Office without undue delay to the Ministry of Foreign Affairs and informs it of its suspension and withdrawal. The Czech Mining Authority shall provide the Security Information Service with information on the outcome of the administrative procedure for the application for authorisation to export, import or transit of explosives and inform it of the suspension of such authorisation and of the withdrawal of such authorisation. ';
11. in Article 25j (1), the words "as declarant" shall be deleted;
12. In Article 27 (3), the words "the seat of the district mining office which issued the decision 'are replaced by the words" the place of execution of the shredding works'.
13. In Paragraph 34 (2), the words "firearms, ammunition or explosives," shall be replaced by the words "weapons, ammunition, explosives, explosives, explosives precursors or pyrotechnic articles, if necessary for their handling, and ';
14.Paragraph 34 (4) reads as follows:
"(4) The document proving integrity shall also be a document similar to the extract from the record of the Register of Penalties issued by the State in which the person concerned has remained continuously for more than 3 months in the last 3 years before the date on which proof of integrity is made, or the extract from the record of the Register of Penalties with an annex containing information entered in the record of penalties of the Member State of the European Union in which the person concerned has remained continuously for more than 3 months in the last 3 years before the date on which proof of integrity is proved; a document verifying the integrity of a foreign natural person shall also be a document similar to the extract from the Register of Penalties issued by the State of which that person is a citizen or an extract from the Register of Penalties with an annex containing the information entered in the criminal record of a Member State of the European Union or of the United Kingdom of Great Britain and Northern Ireland, if it is a citizen of that State. Where a State does not issue an extract of a similar extract from the Register of Penalties, the document verifying the integrity of a person may be replaced by a declaration of honour made before the competent authority of that State. The documents proving integrity in the application for a Part Three authorisation shall not be more than 3 months old at the date of the application. ';
15. In Paragraph 34, the sentence "When assessing the medical fitness of a non-employed person shall be added at the end of paragraph 5, it shall be treated mutatis mutandis under the legislation governing occupational medical services33)."
Footnote 33 reads as follows:
"33) Act No. 373 / 2011 Coll. Decree No. 79 / 2013 Coll., on the implementation of certain provisions of Act No. 373 / 2011 Coll., on Specific Health Services, (Decree on occupational medical services and certain types of assessment care), as amended. '
16. in Paragraph 34 (6), the last sentence is deleted;
17. in Paragraph 38 (1) (b) (5), the words "and Pardubice" are replaced by the words "Pardubice, Liberec and Vysočina."
18. in Paragraph 38 (1) (b), at the end of point 7, comma is replaced by a dot and point 8 is deleted;
Transitional provisions
1. The obligation to notify data on the export and import of explosives pursuant to Article 25f (6) of Act No. 61 / 1988 Coll., as effective before the date of entry into force of this Act, shall apply even after the entry into force of this Act, for the period of the last calendar period preceding the date of entry into force of that Act.
2. Proceedings initiated before the date of entry into force of this Act by the Regional Mining Office for the Region of Liberec and Vysočina and which were not completed before the date of entry into force of this Act shall be completed by the District Mining Office for the Region of Králové Hradec, Pardubický, Liberecký and Vysočina. The controls initiated by the Regional Mining Office for the Territories of Liberec and Vysočina, which were not completed before the date of entry into force of this Act, shall be completed by the District Mining Office for the Territories of Králové Hradec, Pardubice, Liberec and Vysočina.
Efficacy
This Act shall take effect on 1 July 2023.
z. Kovářová v. r.
Pavel v. r.
Fiala v. r.
Sign in for notes, favorites and notifications
Regulation Information
| Citation | Act No. 179 / 2023 Coll., amending Act No. 61 / 1988 Coll., on Mining Activities, Explosives and State Mining Administration, as amended |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 23.06.2023 |
|---|---|
| Effective from | 01.07.2023 |
| Effective until | - |
| Status | Valid |
Parliamentary Paper:
Paper No. 297
Public Contracts 2
Úprava agendového informačního sytému
ČBÚ-Registr-smluv (Český báňský úřad)
Asseco Central Europe, a.s.
210 843 CZK
09.08.2023
Úprava ISÚ
ČBÚ-Registr-smluv (Český báňský úřad)
Software602 a.s.
170 368 CZK
02.08.2023
Source:
Hlídač státu
(CC BY 3.0 CZ)
The regulation text is for informational purposes only.
Comments 0