Act No 187 / 2014 Coll.
Act amending Act No. 114 / 1995 Coll., on Inland Navigation, as amended, Act No. 254 / 2001 Coll., on Water and amending certain laws (Water Act), as amended, and Act No. 634 / 2004 Coll., on Administrative Charges, as amended
Valid
Effective from 01.01.2015
Text versions:
01.01.2015
02.09.2014
Contents
ČÁST PRVNÍ
Čl. I
㤠1
§ 2
㤠5a
„ČÁST III
§ 6
§ 6a
§ 6b
§ 6c
§ 7
§ 8
§ 8a
㤠9
㤠14a
㤠15a
㤠16
㤠22
㤠22a
§ 22b
㤠23a
㤠24
㤠25a
§ 25b
㤠28
§ 29
㤠29a
§ 29b
§ 29c
§ 29d
§ 29e
§ 29f
§ 29g
§ 29h
§ 29i
§ 29j
§ 29k
§ 29l
㤠30a
㤠30b
㤠43
§ 44
㤠49
㤠52
Čl. II
ČÁST DRUHÁ
Čl. III
ČÁST TŘETÍ
Čl. IV
ČÁST ČTVRTÁ
Čl. V
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187
THE LAW
of 31 July 2014
amending Act No. 114 / 1995 Coll., on inland navigation, as amended, Act No. 254 / 2001 Coll., on waters and amending certain laws (Water Act), as amended, and Act No. 634 / 2004 Coll., on administrative charges, as amended
Parliament has decided on this law of the Czech Republic:
Amendment to the Inland Navigation Act
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., Act No. 320 / 2002 Coll., Act No. 118 / 2004 Coll., the Constitutional Court Act No. 327 / 2005 Coll., Act No. 186 / 2006 Coll., Act No. 342 / 2006 Coll., Act No. 124 / 2008 Coll., Act No. 309 / 2008 Coll. and Act No. 227 / 2009 Coll., is amended as follows:
1. paragraphs 1 and 2, including the headings and footnotes 1 to 3 shall read as follows:
Subject matter
This law implements the relevant provisions of the European Union( 1), as well as the directly applicable provisions of the European Union( 2) and provides for
(a) the definition and management of waterways;
(b) conditions for the operation of vessels on inland waterways;
(c) rules on navigation,
(d) the conditions for the operation of inland waterway transport; and
(e) the competence and competence of the administrative authorities in the field of navigation.
Basic concepts
For the purposes of this Act:
(a) the watercourses or other body of surface water3) on which vessels may operate and the watercourses components of the waterworks and other structures and equipment listed in Annex 1 thereto;
(b) by sailing the movement or standing of the vessel on a waterway;
(c) the operation of a vessel shall be carried out by sailing and other activities directly related to it, in particular loading and unloading of cargo, boarding and disembarkation of persons, supplies of operating material or maintenance of the vessel;
(d) a vessel operated by a body intended to move or stand on water, in particular for the purpose of transporting passengers and cargo or carrying machinery and equipment;
(e) the assembly of vessels linked by several vessels, at least one of which is self-propelled;
(f) by means of navigational marking, signal signs placed on the surface, on the banks and on the structures on the waterway, light and sound signals issued for this purpose by a designated device located outside the vessel and a kilometer of the waterway;
(g) by port, a set of land, buildings, facilities including floating facilities, roads or their parts and installations directly and functionally related to and downstream of the adjacent part of the waterway (hereinafter referred to as the "land part of the port") and the port pool, the water areas necessary for the standing of vessels, waterfront walls with the levelling equipment and, where appropriate, the sloping bank and the pavilions enabling the standing, loading and unloading of vessels, the entry and exit of persons, the repair, maintenance and protection of vessels (hereinafter referred to as the "water part of the port");
(h) a landing site, a place to stand and serve vessels when boarding and leaving persons and equipped with fixed or floating landing gear;
(i) a loading and unloading site, equipped with a fixed or mobile transhipment facility and, where appropriate, a short-term storage facility,
(j) a bulking yard, a place equipped with a tie-up device intended for standing vessels by means of ties;
(k) the berth of a place intended for standing vessels on anchorages.
1) Council Directive 91 / 672 / EC of 16 December 1991 on the mutual recognition of national vessel leaders' certificates for the carriage of goods and passengers by inland waterway. Council Directive 96 / 50 / EC of 23 July 1996 on the harmonisation of the conditions for the acquisition of national vessel leaders' certificates for the carriage of goods and passengers on inland waterways in the Community. Directive 2005 / 33 / EC of the European Parliament and of the Council of 6 July 2005 amending Directive 1999 / 32 / EC as regards the sulphur content of marine fuels. Directive 2005 / 44 / EC of the European Parliament and of the Council of 7 September 2005 on harmonised river information services (RIS) on inland waterways in the Community. Directive 2006 / 87 / EC of the European Parliament and of the Council of 12 December 2006 laying down technical requirements for inland waterway vessels and repealing Council Directive 82 / 714 / EEC. Council Directive 87 / 540 / EEC of 9 November 1987 on access to the profession of freight transport operator by inland waterway in national and international transport and on the mutual recognition of diplomas, certificates and other formal qualifications for that profession. Directive 2008 / 68 / EC of the European Parliament and of the Council of 24 September 2008 on the inland transport of dangerous goods. Commission Directive 2010 / 61 / EU of 2 September 2010 adapting for the first time the Annexes to Directive 2008 / 68 / EC of the European Parliament and of the Council on the inland transport of dangerous goods to scientific and technical progress.
2) Council Regulation (EEC) No 2919 / 85 of 17 October 1985 laying down the conditions for access to the regime under the Revised Convention for the Navigation of the Rhine applicable to vessels for navigation on the Rhine. Council Regulation (EEC) No 3921 / 91 of 16 December 1991 laying down the conditions under which a non-resident carrier may operate the carriage of goods and passengers by inland waterway within a Member State. Regulation (EU) No 1177 / 2010 of the European Parliament and of the Council of 24 November 2010 on the rights of passengers travelling by sea and inland waterway and amending Regulation (EC) No 2006 / 2004.
3) Act No. 254 / 2001 Coll., on waters and amending certain laws (Water Act), as amended. '
2. In Paragraph 3 (1), the word "others' is replaced by" unmonitored '.
3. Paragraph 3 (4) reads as follows:
"(4) Waterways of transport relevant are listed in Annex 2 to this Act. '
4. Paragraph 3 (5) is deleted.
5. In Article 5 (1), the words "owner or 'are deleted.
6. In Article 5, the following paragraphs 2 to 4 are inserted after paragraph 1:
"(2) The Waterway Manager shall be:
(a) the water flow manager or the person who manages it under the Water Law, in the case of water flow;
(b) the owner of the land which forms the bottom of a body of surface water, if it is a body of surface water other than water flow; or
(c) an operator of a gravel pit on which extraction from water takes place when such gravel yard is concerned.
(3) The owner is the manager of the waterway component.
(4) Waterway manager is not liable for damage caused by:
(a) by stopping or restricting navigation on a waterway due to its modernisation or maintenance; or
(b) the state of the waterway, if he has demonstrated that he has made every effort to fulfil his obligations under this law. "
Paragraphs 2 to 4 shall be renumbered paragraphs 5 to 7.
7. In Article 5 (5), the words "signs of navigation 'are replaced by the words" signs of navigation and to maintain such markings unless otherwise provided for in this law'.
8. Paragraph 5 (6) reads as follows:
"(6) The scope and content of the activities carried out in the management of the monitored waterway and the method of proper marking of the monitored waterway by means of a navigation sign shall be laid down in the implementing legislation."
9. Paragraph 5 (7), including footnotes 2a and 2b, is deleted.
10. the following Section 5a is inserted after Section 5, including the title and footnote 17:
Construction on the monitored waterway
For the purposes of the declaration of construction, the issuing of a territorial decision, the territorial consent, the building permit or the approval of the approval procedure, the navigational authority shall issue a binding opinion on the placing, implementation or use of structures which go beyond the monitored waterway and the construction of transport and technical infrastructure (17) at a distance of up to 50 metres from the shore line of the monitored waterway designated by the highest water level before its discharge into the adjacent territory. The sailing authority shall issue a consensual binding opinion if it does not jeopardise the location, execution or use of the construction of compliance with the navigational conditions for the operation of the voyage, management of the monitored waterway or fulfilment of the obligations of the cruise users on the monitored waterway.
17) Paragraph 2 (1) (k) of Act No. 183 / 2006 Coll., on Territorial Planning and Construction Regulations (Construction Act), as amended. "
11. Part III, including the headings, reads as follows:
PORTS, PORTS, TRANSLATION, EXPORTS AND BOTTLE
Types of ports, their use and permits to operate the land part of the port
(1) Ports are divided into public and non-public ports. A public port shall be authorised to use each vessel operator where:
(a) the port is designated by its construction for the vessel;
(b) the port capacity is not exceeded; and
(c) it is not a vessel which is clearly technically ineligible, or unless the specific legislation provides otherwise.
(2) The port shall perform a protective function if it provides safe standing for the vessel by its location on the waterways or by building modifications and the possibility of safe access to the vessel in the event of high water condition, icing or ice operation.
(3) The territorial part of the port may only be operated on the basis of an authorisation of a navigational authority issued at the request of a natural or legal person intending to operate the land part of the port. The territorial part of the port may also include land, buildings and facilities enabling the waterway to be connected to other types of transport infrastructure.
(4) The application for authorisation to operate the land part of the port shall contain, in addition to the general requirements of the submission, an indication of whether the applicant will operate the port as public or non-public. The application shall be accompanied by:
(a) documentation containing the identification of the land, buildings, equipment, infrastructure or parts thereof and the runways which form the land part of the port, including a sketch of the situation drawn up according to the cadastral map, indicating their location, with the exception of movable equipment;
(b) a situation sketch showing the boundaries of the port's water part and the consent of the water path manager to that marking;
(c) the written consent of the Waterway Manager to operate the land part of the port; and
(d) proof of ownership or other right of use for land, buildings or equipment forming part of the land part of the port.
(5) The sailing authority shall authorise the operation of the land part of the port, provided that its construction arrangements and facilities with which it is equipped allow the safe operation of the port and do not jeopardise the safety of the voyage.
(6) In the authorisation, the Authority sets out the conditions for the operation of the land part of the port to ensure the safety and continuity of navigation and to protect the environment. The sailing authority shall also indicate in the authorisation:
(a) an indication of whether the port will be operated as public or non-public; and
(b) an indication of whether it is a port with a protective function.
(7) The requirements for the construction and installation of the land part of the port are laid down in the implementing legislation.
Withdrawal of the permit to operate the land part of the port
(1) The sailing authority shall decide to withdraw the permit to operate the land part of a public port where:
(a) the operator of the land part of the public port has requested the cancellation of the authorisation;
(b) public water transport operators do not use the port in the long term and its use cannot be expected in the future either; and
(c) it is not a port carrying out a protective function; This does not apply if the operation of its land part is not terminated to disrupt the capacity of ports required to protect vessels on a given waterway section.
(2) At the request of the operator of the land part of a public port, the sailing authority shall also decide to withdraw the permit to operate it if the permit to operate the same land part of a public port can be issued to another person who has requested it. In that case, the navigational authority shall decide on the withdrawal of the existing authorisation and the issue of a new authorisation in joint proceedings.
(3) The sailing authority shall decide to withdraw the permit to operate the land part of a non-public port if the operator of the land part of a non-public port:
(a) seriously or repeatedly infringes the conditions laid down in the authorisation;
(b) seriously or repeatedly infringes the obligations laid down by this law; or
(c) request the withdrawal of the authorisation.
(4) The application for withdrawal of the permit to operate the land part of the port shall be submitted at least 6 months before the planned date of termination of the land part of the port, otherwise the navigational authority shall reject it. This shall not apply if the applicant demonstrates that he has failed to comply with the first sentence for obstacles which have occurred independently of his will and which cannot be overcome by his own means.
(5) The sailing authority shall make public information on the initiation of the withdrawal procedure without delay on its official record. Persons who are interested in the operation of the land part of a public port and who make themselves known in writing to the office of departure within 14 days of the date of publication of the information initiating the procedure shall be parties to the proceedings.
Price for use of the land part of the public port
(1) For the use of the land part of a public port, the price shall be negotiated in accordance with price regulations.
(2) The operator of the land part of a public port shall not discriminate against individual users when negotiating the price for its use.
(3) A price list containing prices for the use of the land part of a public port must be published by its operator through the river information service system.
(4) The price is not agreed for use of the land part of the public port
(a) the standing position of the vessel and safe access to the vessel under high water conditions, frost or ice, if it is a port with a protective function; or
(b) a water path manager in the course of an activity directly related to the management of the waterway.
List of public ports
(1) A list of public ports is hereby established to make an overview of all public ports available to the public. The list of public ports shall be managed by the navigation authority. The sailing authority shall publish a list of public ports through the river information service system.
(2) Within 3 days of the date on which the decision on the authorisation to operate its land part is taken, the port shall be entered in the list of public ports. The VMC shall delete the public port from the list of public ports within 3 days of the date on which the decision to revoke the permit to operate its land part is taken, unless the public port is operated by another operator.
(3) The following information shall be entered in the list of public ports:
(a) details of the public port,
1. the name of the public port;
2. defining the location of the public port;
3. an indication of whether a public port carries out a protective function;
4. the date of registration,
5. Date of deletion, and
(b) details of the operator of the land part of the port,
1. the trading firm or the name or, where applicable, the names and surnames, and, where applicable, the distinguishing addendum, the address of the place of business and the identification number of the person, if assigned, in the case of the natural person involved; or
2. the business name or name, address of the registered office and identification number of the person, if assigned, in the case of a legal person.
Rights and obligations of the port operator and the waterway manager to ensure safe operation of the port
(1) The operator of the land part of the port shall:
(a) operate the land part of the port throughout the period of validity of the authorisation and maintain it in a state which allows safe navigation in the port;
(b) to publish in an appropriate manner:
1. rules on the untying of vessels at each site;
2. conditions for the storage of solid and liquid waste from vessels;
3. Conditions of water and electricity collection,
4. information on the type and extent of services provided;
(c) indicate by appropriate means:
1. places for handling flammable or dangerous goods;
2. places for storage of solid and liquid waste from vessels;
3. points for water and electricity collection,
(d) keep records of vessels loaded and landed, including the type and quantity of cargo transhipped; and
(e) after consultation with the Waterway Manager, mark the navigational mark of the place designated for the long-term standing of vessels, for the standing of certain vessels, vessels of certain operators or vessels carrying certain cargo.
(2) If the operator of the land part of the port is not authorised to dispose of hazardous waste under the Waste Act, he shall be obliged to allow the removal of hazardous waste from vessels by the person authorised to dispose of such waste.
(3) The operator of the land part of the port and the waterway manager shall cooperate with each other in ensuring safe operation of the port.
(4) Operator of land part of a private port
(a) ensure, in agreement with the waterways manager, the management of the water part of the port it operates within the scope of the obligations of the waterway manager in the management of the monitored waterways; or
(b) the waterways manager shall bear the costs actually incurred in connection with the management of the port of water operated by him.
(5) The operator of the land part of the port shall be authorised to instruct the operators and skippers, crew members, passengers and other persons present in the port to ensure its safe operation. Those persons shall comply with the instructions of the operator of the port land area, provided that they do not jeopardise the safety of the vessel or persons present on it.
Obligations of port users
(1) The person responsible for leading and qualified to conduct a vessel or a set of vessels operating on a waterway (hereinafter referred to as' the skipper ') must ensure that, when operating a vessel in port, the safety of persons on board a vessel and other seafarers is not compromised and that there is no danger or damage to vessels or structures on a waterway or to the environment, in particular:
(a) entry into and exit from port,
(b) the standing and manoeuvring of the vessel at and during handling;
(c) boarding and leaving a vessel in port;
(d) loading and unloading from a vessel in a port; or
(e) special events which are high water status, fire, frost, infection or suspicion of its occurrence, injury or death.
(2) The operator of the vessel shall use only the places designated by the operator of the land part of the port for long-term standing.
(3) Where a master of a vessel uses a port with a high water, frost, ice or in the event of a restriction or suspension of a voyage, he shall be obliged to ensure that the obligations referred to in paragraph 1 are fulfilled only if this does not jeopardise the safety of persons or property.
(4) The master of the vessel shall report the entry of the vessel into a public port and the departure from a public port to the operator of the land part of the port. This does not apply to
(a) the head of the sailing vessel, the police of the Czech Republic, the municipal police and the water manager,
(b) the master of the vessel of an integrated rescue system operating at the site of the rescue or disposal operations;
(c) a master of a vessel transporting persons under a public timetable; and
(d) a leader of a small vessel using a public port for long-term standing.
(5) In a public port, the following shall be prohibited:
(a) unjustifiably use sound and optical signaling and unduly disturb calm;
(b) the unauthorised use of port facilities;
(c) to extract sand, gravel or soil from the waterways, unless it is a port maintenance operation; and
(d) repair vessels in a way that makes it difficult to operate in port.
(6) The procedure for ensuring the safe operation of the vessel in the port and the content and the method of notification of the vessel entering and leaving the public port shall be laid down in the implementing legislation.
Landing, loading and unloading
(1) The port, transhipment, landing or berth on the monitored waterway may be operated only on the basis of the authorisation of the navigational authority issued at the request of a natural or legal person wishing to operate the port, transhipment, landing or berth.
(2) The port, transhipment or loading point shall act as a protected site, provided that it ensures safe standing by its construction arrangements and the possibility of safe access to the vessel in the case of high water, frost or ice. The sailing authority shall keep a list of the protected sites it publishes through the river information service system.
(3) The sailing authority shall authorise the operation of a port, transhipment, ballast or berth where:
(a) this will not jeopardise the safety of navigation operations; and
(b) the applicant shall demonstrate the agreement of the water path manager with the operation of the port, transhipment, ballast or berth.
(4) In order to permit the operation of a port, transhipment or unloading, the applicant shall demonstrate that he has the ownership or other right of use for the land and buildings necessary for their operation.
(5) The sailing authority shall specify in the authorisation the conditions for operation of the port, transhipment, loading or berth to ensure the safety and continuity of the voyage and for the protection of the environment and shall indicate whether the port, transhipment or unloading is a protected place.
(6) The sailing authority shall withdraw the authorisation to operate the port, transhipment, landing or berth if the conditions for its issue are no longer met. The sailing authority shall also withdraw the authorisation if the operator of the port, transhipment, ballast or berth:
(a) seriously or repeatedly infringes the conditions laid down in the authorisation;
(b) seriously or repeatedly infringes the obligations laid down by this law; or
(c) request the withdrawal of the authorisation.
(7) The operator of the port, transhipment, ballast or berth shall:
(a) mark the navigational marking of the port, transhipment, bulkyard or berth; and
(b) provide on request to the navigational authority information on the manner and extent of use of the port, transhipment, ballast or berth.
(8) The operator of the port, transhipment, landing or berth shall be entitled to issue instructions to operators and skippers, crew members of vessels, passengers and other persons located in the port area, the transhipment, the loading or berth to ensure safe operation; Such persons shall be required to follow the instructions of the port operator, transhipment point, bulkyard or berth.
(9) Paragraphs 1 and 3 to 7 shall not apply to the operation of a bulkyard for small vessels not subject to registration under this Act. ';
footnotes 5 and 6 are deleted.
12.
(1) A vessel subject to registration under this Act may be operated on a waterway if its technical competence has been approved and if:
(a) registered:
1. in the register of navigation of the Czech Republic (hereinafter referred to as the register of navigation), the register of small vessels or similar records of another Member State of the European Union, of another Contracting State of the Agreement on the European Economic Area or of the Swiss Confederation; or
2. in the register or similar register of a State other than that referred to in point 1, if it is a foreign vessel whose operator has been authorised to operate; and
(b) operated in the waterway navigation zone for which its technical competence has been approved.
(2) Vessels subject to registration under this Act may also be operated on a waterway when their technical seagoing capacity has been approved by the competent authority of the Czech Republic or by the competent authority of another State and is registered
(a) in the maritime register of the Czech Republic or in a similar register of another Member State of the European Union or another Contracting State of the Agreement on the European Economic Area or the Swiss Confederation; or
(b) in a maritime register or similar register of a State other than that referred to in (a), if it is a foreign vessel whose operator has been authorised to operate.
(3) A vessel not subject to registration under this Act may be operated on a waterway if its construction and technical condition meet the conditions of safe operation and does not endanger the environment.
(4) The vessels are divided into:
(a) ships;
(b) small vessels having a hull length not exceeding 20 metres; a small vessel is
Contents
ČÁST PRVNÍ
Čl. I
㤠1
§ 2
㤠5a
„ČÁST III
§ 6
§ 6a
§ 6b
§ 6c
§ 7
§ 8
§ 8a
㤠9
㤠14a
㤠15a
㤠16
㤠22
㤠22a
§ 22b
㤠23a
㤠24
㤠25a
§ 25b
㤠28
§ 29
㤠29a
§ 29b
§ 29c
§ 29d
§ 29e
§ 29f
§ 29g
§ 29h
§ 29i
§ 29j
§ 29k
§ 29l
㤠30a
㤠30b
㤠43
§ 44
㤠49
㤠52
Čl. II
ČÁST DRUHÁ
Čl. III
ČÁST TŘETÍ
Čl. IV
ČÁST ČTVRTÁ
Čl. V
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Regulation Information
| Citation | Act No. 187 / 2014 Coll., amending Act No. 114 / 1995 Coll., on Inland Navigation, as amended, Act No. 254 / 2001 Coll., on Water and amending certain laws (Water Act), as amended, and Act No. 634 / 2004 Coll., on Administrative Charges, as amended |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 02.09.2014 |
|---|---|
| Effective from | 01.01.2015 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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