Act No. 19 / 1997 Coll.
Act on certain measures related to the prohibition of chemical weapons and on the amendment and amendment of Act No. 50 / 1976 Coll., on Territorial Planning and Construction Regulations (Construction Act), as amended, Act No. 455 / 1991 Coll., on Commercial Enterprise (Trade Act), as amended, and Act No. 140 / 1961 Coll., Criminal Act, as amended
Valid
Law
Effective from 26.02.1997
Contents
ČÁST PRVNÍ
§ 1
§ 2
ČÁST DRUHÁ
§ 3
§ 4
§ 5
ČÁST TŘETÍ
HLAVA I
§ 6
§ 7
HLAVA II
§ 8
§ 9
§ 10
§ 11
§ 12
§ 13
§ 14
§ 15
§ 16
§ 17
§ 18
§ 19
HLAVA III
§ 20
§ 21a
§ 22
HLAVA IV
§ 23
§ 25
HLAVA V
§ 25a
HLAVA VI
§ 26
HLAVA VII
§ 27
ČÁST ČTVRTÁ
§ 28
§ 29
§ 32
§ 33
§ 34
ČÁST PÁTÁ
§ 35
ČÁST SEDMÁ
§ 37
ČÁST DEVÁTÁ
§ 39
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19
THE LAW
of 24 January 1997
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 Business (Trade Act), as amended, and Act No. 140 / 1961 Coll., Criminal Act, as amended
Parliament has decided on this law of the Czech Republic:
BASIC PROVISIONS
Subject matter
(1) This law regulates the rights and obligations of natural or legal persons related to the prohibition of chemical weapons and the treatment of toxic chemicals and their precursors, which are inalienable to the violation of the prohibition of chemical weapons.
(2) The exercise of state administration and control in this field is carried out by the State Nuclear Safety Authority (hereinafter "the Office"), which also exercises the responsibilities of the Chemical Weapons Control Office and ensures international cooperation in this field.
Definition of terms
For the purposes of this Act:
(a) chemical weapon
1. a toxic chemical and its precursor, except those intended for an unbanned purpose and of which the species and quantities correspond to that purpose,
2. munitions or devices intended to kill or cause any other harm to the health of humans or animals or to harm plants or ecosystems (1) by the toxic effects of toxic chemicals referred to in point 1 which would be released as a result of the use of such ammunition or equipment; or
3. equipment specially designed for use in the direct connection with the use of ammunition or devices referred to in point 2;
(b) a toxic chemical, any chemical which may cause death, temporary incapacity or permanent harm to humans or animals or destruction of plants by its chemical action on life processes;
(c) by precursor, any chemically reactive substance involved in any stage in the manufacture of a toxic chemical;
(d) a specified substance is a toxic chemical or its precursor listed in the chemical lists in the Annex to the Convention on the Prohibition of the Development, Production, Stocks and Use of Chemical Weapons and on their Destruction (2) (hereinafter referred to as "the Convention"); the scheduled substances listed in the chemical lists in the Annex to the Convention are subdivided into:
1. specified substances listed in List 1 of the Annex to the Convention (hereinafter referred to as "List 1 substance");
2. specified substances listed in List 2 of the Annex to the Convention (hereinafter referred to as "List 2 substance"); and
3. specified substances listed in List 3 of the Annex to the Convention (hereinafter referred to as "List 3 substance");
(e) any organic chemical consisting of carbon compounds other than its oxides, sulphides and metal carbonates;
(f) chemicals used to ensure the internal order and safety of any chemical which are capable of rapidly causing short-term irritation of the sensory organs in humans or rapid and short-term physical incapacity;
(g) the production of specified substances by chemical reaction, including specified substances which are an intermediate or by-product or waste product in the manufacture of a chemical, if such a product exists long enough to be isolated, even if it is not isolated under normal conditions;
(h) the processing of specified substances by a physical process in which they are not transformed into another substance;
(i) the consumption of the specified substances by their chemical reaction to another substance;
(j) the management of the development, production, consumption, holding, other acquisition, processing or transfer of a toxic chemical or its precursor; the treatment is not a service under the Law on the Free Movement of Services;
(k) the operation of the premises where the facilities used for the production, processing or consumption of the specified substances are located and the storage places and the places where they are handled or the production of certain organic chemicals;
(l) the destruction of chemical weapons by their complete and irreversible destruction;
(m) the treatment of chemical weapons by the transfer of ownership, as well as any other disposition with chemical weapons resulting in a change in the holder, place or method of use;
(n) by transferring the output of specified substances from the territory of the Czech Republic or by entering the territory of the Czech Republic;
(o) non-prohibited purpose
1. industrial, agricultural, research, medical, pharmaceutical or other peaceful purposes,
2. a protective purpose directly related to the protection against toxic chemicals and to the protection against chemical weapons (the "protective purpose"),
3. a military purpose without the use of a chemical weapon which does not depend on the use of toxic properties of chemicals as means of combat; or
4. the purpose of maintaining internal order.
_
(1) The development, manufacture, possession, use and handling of chemical weapons are prohibited.
(2) The transfer of chemical weapons to or transit through the Czech Republic is prohibited.
(3) Treatment with a toxic chemical or its precursor for a non-prohibited purpose shall be prohibited.
(4) The disclosure or reasonable suspicion of the promotion or financing of the activities referred to in paragraphs 1 to 3 shall be notified without delay to the Police of the Czech Republic, which shall immediately communicate this information to the Office.
Chemical weapons findings
(1) The finding or reasonable suspicion of the finding of chemical weapons must be notified without delay to the police of the Czech Republic, who shall immediately communicate this information to the Fire Department of the Czech Republic and the Office.
(2) A natural or legal person who is the owner or holder of a chemical weapon is required to deal with it in a manner and within a time limit to be determined by the Office. If this person is not known, the destruction of the chemical weapon will be ensured by the Office.
(3) The costs associated with the activity referred to in paragraph 2 shall be borne by those who have infringed the prohibition provided for in Article 3 (1) or (2). If this person is not known or cannot claim and recover costs against him and is not voluntarily paid by another person, the costs shall be borne by the State.
Chemical weapons equipment
(1) The development, manufacture, transfer, assembly and other acquisition and possession of chemical weapons equipment or the design, construction and use of chemical weapons plants are prohibited.
(2) Paragraph 4 shall apply mutatis mutandis to the finding of chemical weapons equipment.
ACTIVE SUBSTANCE (S)
GENERAL CONDITIONS FOR PRESENTATION OF CERTAIN SUBSTANCES
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.
Any person who hands a specified substance into the possession of another person shall be obliged to provide evidence of its type and concentration.
LIST 1
(1) The substance listed in list 1 can only be handled on the basis of a licence granted by the Authority and for research, medical, pharmaceutical or protective purposes only.
(2) The aggregate quantity of list 1 substances on the territory of the Czech Republic may not exceed one tonne per year in accordance with the Convention.
(3) The licence does not need to be used for rescue operations aimed at deterring or limiting the immediate effects of risks arising from an emergency or for disposal operations to eliminate the consequences of an emergency. The person performing the rescue or liquidation work shall immediately notify the police of the Czech Republic of their implementation, which shall immediately communicate this information to the Office.
Conditions for granting licences
(1) Licences may be granted only to a legal person.
(2) The condition for granting a licence to a legal person is:
(a) the place of establishment in the territory of one of the Member States of the European Union or of another Contracting State of the Agreement on the European Economic Area;
(b) the provisions of the representative responsible.
(3) The Authority will grant a licence if the aggregate quantity of list 1 substances in the territory of the Czech Republic does not exceed the amount referred to in Section 8 (2) and if the treatment of list 1 substances is carried out in objects which are clearly defined in terms of location, composition from operating units and construction solutions and which ensure the management of that substance for the purposes referred to in Section 8 (1). The implementing legislation sets out the types of objects fulfilling the characteristics required for the treatment of list 1 substance according to the first sentence.
(4) The Office will 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 or information on whether the granting 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 their written observations on the application for a licence within 30 days of the date on which they received the copy of the application from the Office.
Responsible representative
(1) For the purposes of this Act, the responsible representative shall be the natural person responsible for the proper conduct of the activities for which the licence is granted, as established by the legal person.
(2) The condition for the provision of a responsible representative shall be:
(a) 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 a special legislature3);
(b) the fact that he is permanently present in the Czech Republic,
(c) full independence;
(d) integrity,
(e) competence for the management of hazardous chemicals and chemical products classified as highly toxic in accordance with specific legislation4);
(f) 3 years of experience in chemistry fields.
(3) The function of the responsible representative may always be performed for one legal person. The legal person appointing the responsible representative shall establish the conditions for the performance of his duties, including ensuring access to information on the activities to which the licence is granted.
(4) The responsible representative of a legal person may not be a member of the Supervisory Board or any other supervisory body of that legal person.
(5) If, during the course of the activity for which a licence is granted, the responsible agent ceases to perform his duties, the legal person to whom the licence is granted shall immediately request the change of the licence.
integrity
(1) For the purposes of this law, a person who has been convicted of a final sentence shall not be deemed to be righteous.
(a) for an offence the facts of which relate to the activity for which the licence is to be granted;
(b) for another offence committed intentionally if, in view of the nature of the activity to which the licence is to be granted, and to the person responsible, there is a concern that he or she will commit the same or similar act in the performance of the performance of the agent responsible, unless he or she is regarded as not being convicted.
(2) In order to demonstrate integrity, the Office shall request, in accordance with a special legislature5) an extract from the Register of Penalties. 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.
Licence application
(1) The application for a licence, in addition to the general requirements laid down in the Administrative Rules, contains:
(a) the name and, where appropriate, the name, surname, birth number, if assigned, and the date of birth of the representative responsible and the address of his place of residence;
(b) an indication of the intended use of the substance in List 1 for which the licence is required;
(c) the specification of the establishments and facilities for production, where the application for a licence to manufacture or put into service of the establishment is concerned;
(d) the name of the substance list 1, its quantity, the use purpose and its final destination,
(e) for each object in which the substance of list 1 is handled, a description in the range of location, composition of operating units and constructional solution.
(2) The applicant shall add to the application referred to in paragraph 1:
(a) in the case of a representative who has remained continuously in the territory of a foreign State for more than 3 months, a document similar to that of the record of the Register of Penalties of that State, which may not be more than 6 months old, or a declaration of the integrity of the agent, with his officially certified signature, in the event that that State does not issue such document; the responsible representative who is or has been a national of another Member State of the European Union or has or has had an address in another Member State of the European Union may, instead of a proof of integrity issued by a competent authority of another Member State of the European Union, provide proof of integrity by an extract from the Register of Penalties (5) with an annex containing information entered in the criminal record of another Member State of the European Union,
(b) evidence of the professional competence of the responsible agent or, where appropriate, of the decision to recognise the professional qualification in accordance with the specific legislation3);
(c) proof of the purpose of handling the substance of List 1,
(d) the data from the list 1 substance register, if the applicant is obliged to keep such a register in accordance with § 25a;
(e) drawing documentation to support the data referred to in paragraph 1 (c) and (e).
(3) The applicant for a licence shall submit an application for a licence to the Office in respect of an application for a licence
(a) the manufacture or putting into service of a substance listed in list 1, not later than 7 months before the intended start of production;
(b) other activities, no later than 4 months before the scheduled start of the treatment of list 1 substance.
Licence decision
(1) The decision to grant a licence, in addition to the general requirements laid down in the Administrative Rules, contains:
(a) the name and, where appropriate, the name, surname and date of birth of the representative responsible and the address of his place of residence;
(b) the subject-matter and scope of the licence;
(c) the purpose of the use of the substance in list 1 and its authorised quantity;
(d) other conditions of the licence resulting from the international obligations of the Czech Republic,
(e) the name and address of the object handling the substance of list 1.
(2) The Office shall decide on the granting of a licence within 90 days of the initiation of the procedure.
Termination of licences
(1) The licence expires
(a) the date on which the legal person holding the licence (hereinafter referred to as "the licence holder") ceases to exist;
(b) a decision by the Office to withdraw the licence;
(c) a decision by the Office to revoke the licence.
(2) The Office shall withdraw the licence if it finds that:
(a) the licence holder no longer fulfils the conditions of the licence under this law;
(b) the holder of the licence has not applied for a new decision, despite the grounds given for it,
(c) the licence has been granted on the basis of false information; or
(d) the exercise of the licence holder's authorisation is contrary to the security interests of the Czech Republic, according to the opinion of the Ministry of the Interior or the Information Security Information Services, Military Intelligence or the Office for Foreign Relations.
(3) The Office shall revoke the licence if the licence holder requests its cancellation.
(4) The licence holder shall, in accordance with this Law, terminate the licensed activity within the period specified by the decision of the Office to withdraw the licence or the decision of the Office to revoke the licence.
(5) An appeal against a decision to withdraw a licence shall not have suspensory effect.
New licensing decision
(1) Where changes are made to the information contained in the decision to grant a licence which is relevant for the exercise of the licensed activity or other facts relevant for the exercise of the licensed activity, the Authority shall, upon application by the licence holder, take a new decision. The Ministry of the Interior, the Security Information Service, Military Intelligence and the Office for Foreign Relations and Information shall communicate to the Office the opinion or information on whether the issue of a new decision is in line with the security interests of the Czech Republic. Those authorities shall be required to make their views known within 30 days of the date of receipt of the Office's request for observations.
(2) The application for a new decision shall state the number of the original decision granting the licence.
(3) The reasons for the new decision must be duly substantiated by the licence holder in the application for a new decision.
(4) A new decision issued pursuant to paragraph 1 shall be repealed.
(5) Where the Authority has been informed of a change to the particulars contained in the decision to issue a licence relevant to the exercise of the licensed activity or of any other facts relevant to the exercise of the licensed activity and the licence holder has not submitted an application for a new decision, the Authority shall invite it to submit an application; to this end it shall set a time limit which shall not be less than 5 working days from the date of receipt of the call.
Location of control devices
Holders of a licence for the handling of list 1 substances and their production facilities shall be obliged to allow:
(a) international inspectors of the Organisation for the Prohibition of Chemical Weapons (hereinafter referred to as "International Inspectors") the location of control devices allowing permanent and continuous monitoring of list 1 substances in plants and equipment for their production;
(b) immediate access to such instruments at any time to the inspection authorities.
Transfer of List 1 substances and change of their holder
(1) The transfer of list 1 substance is only possible between the Member States of the Convention and only under the conditions laid down by the Convention.
(2) The licence holder is required to report to the Authority the information on the anticipated transfer of the substance of list 1 not later than 40 days before it is carried out.
(3) In the event of a change of the holder of the substance list 1 within the Czech Republic, the licence holder shall report to the Authority the details of the change before it is implemented.
Notification of List 1 substances
The licence holder shall report to the Authority the data on the treatment of list 1 substance for the previous calendar year by 31 January of the following year and the data on the intended use for the following calendar year by 31 August. The details to be reported by the licence holder shall be laid down in the implementing legislation.
Loss, theft or finding of list 1 substances
(1) The loss or alienation of the substance list 1 must be reported immediately to the nearest department of the Police of the Czech Republic and the Office. At the same time, it is required to communicate all the information necessary for the leakage of list 1 substance into the environment or for affecting living organisms.
(2) The finding of the substance list 1 must be reported immediately to the nearest department of the Police of the Czech Republic, which will immediately communicate this information to the Fire Department of the Czech Republic and the Office.
STATEMENT 2
Treatment of list 2 substances
(1) A natural or legal person handling a list 2 substance and exceeding a specified quantity of list 2 substance or its established concentration is required to report to the Authority data on the treatment of list 2 substance for the previous calendar year by 31 January of the following year and data on the intended use of list 2 substance for the following calendar year by 31 August.
(2) The reporting obligation also applies to the installation of a new plant for the production, processing or consumption of list 2 substance.
(3) The implementing act shall determine the amount of list 2 substance, the concentration of list 2 substance mixed with other substances and the content of the reports referred to in paragraphs 1 and 2.
(4) In the event of
(a) the natural or legal person referred to in paragraph 1 is obliged to comply with the reporting obligation not later than 14 days before the date of implementation of the forecast data for the following calendar year;
(b) in order to modify the identification data of a natural or legal person referred to in paragraph 1, that person shall immediately notify the Office of the change; or
(c) in order to modify or terminate the treatment of the substance listed in list 2, the natural or legal person referred to in paragraph 1 shall be required to notify the Office without delay.
(5) Where the natural or legal person referred to in paragraph 1 does not intend to continue the treatment of the substance listed in list 2, he shall report this fact to the Office; and
(a) in the case of the transfer of a substance to another holder of list 2, it shall:
1. inform the new holder in writing of the obligations relating to the handling of list 2; and
2. not later than 20 days before the date of transfer inform the Office in writing of the change of the holder; or
(b) in the event of disposal of the substance listed in list 2, it shall:
1. ensure disposal by the person authorised to dispose of hazardous waste; and
2. inform the Office in writing of the liquidation or send the Office a certificate of liquidation, if issued, no later than 20 days after the date of liquidation.
Transport
The transport of a specified substance may only be carried in transport packages and in a manner laid down by specific legislation.6)
Transfer of List 2 substances
(1) A natural or legal person may transfer substances listed in list 2 from or to Member States of the Convention.
(2) List 2 substances may only be transferred from or to non-Member States of the Convention provided that the substances listed in list 2 do not exceed a specified concentration in a mixture with other substances and fulfil the specified method of packaging of products. The implementing act provides for the concentration of list 2 substance mixed with other substances and the method of packaging of products containing list 2 substances.
LIST 3
Management of list 3 substances
(1) A natural or legal person handling the substance of list 3 and exceeding the specified amount of substance of list 3 or its established concentration is required to report to the Authority the data on the treatment of the substance of list 3 for the previous calendar year by 31 January of the following year and the data on the estimated production of the substance of list 3 for the following calendar year by 31 August.
(2) The reporting obligation also applies to the installation of a new equipment for the production of list 3 substance.
(3) The implementing act shall determine the quantity of list 3 substance, the concentration of list 3 substance mixed with other substances and the content of the reports referred to in paragraphs 1 and 2.
(4) Paragraph 20 (4) and (5) shall apply mutatis mutandis to the treatment of list 3 substances.
Transfer of List 3 substances from the Czech Republic
Contents
ČÁST PRVNÍ
§ 1
§ 2
ČÁST DRUHÁ
§ 3
§ 4
§ 5
ČÁST TŘETÍ
HLAVA I
§ 6
§ 7
HLAVA II
§ 8
§ 9
§ 10
§ 11
§ 12
§ 13
§ 14
§ 15
§ 16
§ 17
§ 18
§ 19
HLAVA III
§ 20
§ 21a
§ 22
HLAVA IV
§ 23
§ 25
HLAVA V
§ 25a
HLAVA VI
§ 26
HLAVA VII
§ 27
ČÁST ČTVRTÁ
§ 28
§ 29
§ 32
§ 33
§ 34
ČÁST PÁTÁ
§ 35
ČÁST SEDMÁ
§ 37
ČÁST DEVÁTÁ
§ 39
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Regulation Information
| Citation | 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), as amended, and Act No. 140 / 1961 Coll., Criminal Act, as amended |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 26.02.1997 |
|---|---|
| Effective from | 26.02.1997 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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