Act No. 201 / 2015 Coll.
Act amending Act No 158 / 2000 Coll., on the Search, Exploration and Mining of Mineral Resources from the Sea Bottom beyond the State's competences and amending certain laws, as amended
Valid
Law
Effective from 17.08.2015
Text versions:
17.08.2015
201
THE LAW
of 23 July 2015
amending Act No 158 / 2000 Coll., on the search, exploration and extraction of mineral resources from the seabed beyond the limits of national competence and amending certain laws, as amended
Parliament has decided on this law of the Czech Republic:
Act No 158 / 2000 Coll., on the search, exploration and extraction of mineral resources from the seabed beyond the limits of the powers of States and amending certain laws, as amended by Act No 296 / 2007 Coll., Act No 124 / 2008 Coll., Act No 227 / 2009 Coll. is amended as follows:
1. The title of the law is "Law on the exploration, exploration and extraction of mineral resources from the seabed and on the safety of offshore oil and gas activities'.
2. The heading of Part One reads:
"SEARCH, SURVEILLANCE AND NERVOUS RESOURCES FROM SEA DNA AND SAFETY OF ACTIVITIES IN THE OIL AND GAS SECTOR IN THE SEA '.
3. In Section 1, the following paragraph 3 is added:
"(3) This Act also implements the relevant European Union11) and regulates the obligations of business individuals with a place of business in the Czech Republic and of legal persons based in the Czech Republic as regards the safety of offshore oil and gas activities, the exclusive economic zone or the continental shelf under State competence (3) and the exercise of state administration.
11) Directive 2013 / 30 / EU of the European Parliament and of the Council of 12 June 2013 on the safety of offshore oil and gas activities and amending Directive 2004 / 35 / EC. ';
4. In Article 2, at the end of point (e), the dot is replaced by a comma and the following points (f) to (j) are added:
"(f) major accident
1. an accident involving an explosion, a fire, a loss of control over a well or a spill of oil, natural gas or a dangerous substance which has, or is very likely to, caused by loss of life or serious injury to persons;
2. an accident which results in serious damage to an installation or interconnected infrastructure in which, or very likely to have, a person's death or severe injury,
3. any other accident which results in the killing or severe injury of five or more persons on installations at sea where the source of the danger is located or involved in offshore oil or gas operations in connection with equipment or associated infrastructure; or
4. any serious environmental accident resulting from the accidents referred to in points 1 to 3, where it has occurred in connection with, or in connection with, an installation or related interconnected infrastructure used in offshore oil or gas activities, an exclusive economic zone or a continental shelf (hereinafter referred to as the "sea");
(g) activities in the oil or gas sector at sea, all activities linked to equipment or interconnected infrastructure, including design, planning, construction, operation and unbundling of equipment or interconnected infrastructure, and related to the exploration and extraction of oil or natural gas, with the exception of the transport of oil or natural gas from one shore to another;
(h) fixed, fixed or mobile equipment or a set of devices which are permanently interconnected by bridges or other structures used for or related to offshore oil or gas activities; mobile offshore drilling units are considered as installations only if they are anchored in coastal waters for drilling of drilling, extraction or other offshore oil or gas activities;
(i) linked infrastructure
1. wells and related structures, additional units and equipment associated with equipment,
2. accessories or parts on or attached to the main construction of equipment; or
3. attached tube or pipe fittings, located in a safety zone,
(j) a safety zone within 500 metres of any part of the installation. ';
5. In Article 2, the current text becomes paragraph 1 and the following paragraph 2 is added:
"(2) For the purposes of determining whether an accident is a major accident as referred to in paragraph 1 (f), a device which is normally unattended shall be considered to be a device operated. ';
6. in Paragraph 4 (b):
"(b) full independence,"
(7) footnotes 1 and 2 shall read:
"1) Act No. 40 / 2009 Coll., Criminal Code, as amended.
2) § 4 of Decree No. 33 / 2005 Coll., on Language Schools with the Law of State Language Examinations and State Language Tests. '.
8. In Article 6 (2), "§ 7 (1) to (3) 'is replaced by" § 7 (1) and (2)';
9. Paragraph 7 (2) is deleted.
Paragraphs 3 to 6 shall become paragraphs 2 to 5.
10. in Article 7 (4), "Article 7 (1) to (3)" is replaced by "paragraphs 1 and 2";
(11) footnotes 6 and 7 shall read:
"6) Item No 15 (b) of the Annex to Act No. 634 / 2004 Coll., on Administrative Charges.
7) Act No. 21 / 2006 Coll., on the verification of the conformity of a copy or copy with the instrument and on the verification of the authenticity of the signature and on the amendment of certain laws (the Verification Act), as amended. '
12. in Paragraph 8 (2) of the introductory part of the provision, the words "except for the general procedural requirements laid down in the administrative rules" shall be inserted after the words "the declaration."
13. in Articles 8 (2) (a) and 10 (1) (a), the words "first name, last name, residence," shall be deleted;
14. in Articles 8 (2) (a) and 10 (1) (a), the words "and the birth number or identification number" shall be deleted;
15. in Article 8 (2), point (b) is deleted;
Points (c) to (l) shall be renumbered (b) to (k).
16. in Articles 8 (2) (b) and (d) and 10 (1) (c), the words "the birth number or" shall be deleted;
17. in Articles 8 (2) (b) and 10 (1) (c), the words "the statutory body" shall be replaced by the words "members of the statutory body."
18. in Paragraph 8 (2) (g), "(g)" shall be replaced by "(f)";
19. In Article 10 (1) of the Introductory Part of the provision, the words "except for the general procedural requirements of the Administrative Rules' shall be inserted after the words" consent '.
20. in Paragraph 10 (1), point (b) is deleted;
Points (c) to (k) shall be renumbered (b) to (j).
21. in Article 10 (1) (f), "(f)" is replaced by "(e)";
22. in Article 10 (2) (c), (d) and (g) and in Article 10 (5), "(h)" is replaced by "(g)."
23. in Paragraph 10 (5), "(b), (e), (f), (h) and (k)" shall be replaced by "(d), (e), (g) and (j)";
24. in Part One, the following Title IV is inserted after Title III:
OBLIGATIONS OF LEGAL AND UNDERTAKING PHYSICAL PERSONS
Obligations of legal and business natural persons in the exercise of sea activities under the jurisdiction of a State outside the European Union
(1) At the request of the Ministry, a legal person based in the territory of the Czech Republic and an undertaking having a place of business in the territory of the Czech Republic engaged in offshore oil or gas activities within the jurisdiction of a State outside the European Union shall, without undue delay, provide the Ministry with a report on the circumstances of the major accident affecting them.
(2) The obligation laid down in paragraph 1 shall apply mutatis mutandis to a person controlled by a legal person established in the Czech Republic. "
Titles IV and V to date shall be renumbered Titles V and VI.
25. in Article 15, the words "and 18a" shall be added at the end of the text of point (g).
26. in Article 15, at the end of point (g), the dot is replaced by a comma and the following points (h) and (i) are added:
"(h) requests a report on the circumstances of a major accident under Paragraph 14a;
(i) forward a report on the circumstances of the major accident to the European Commission. ';
27. in Paragraph 16 (1), the word "authorised" is replaced by "controlled."
28. Paragraph 16 (2) is deleted.
Paragraph 3 shall become paragraph 2.
29. in Paragraph 16 (2), the words "special legislation (10)" shall be replaced by the words "the Control Act."
footnote 10 is deleted.
30. in Article 17 (1) (a), "(f)" is replaced by "(e)";
31. Paragraph 18, including the title, reads:
Transfers
(1) A natural person commits an offence by:
(a) carry out a search without a certificate or a responsible representative in accordance with Article 7;
(b) carry out activities in the Area without a contract with the Office pursuant to Article 9 (1);
(c) as a beneficiary in breach of Paragraph 22 (1), does not have, in the employment relationship, a person holding a certificate under this law; or
(d) as a member of an international association conducting searches or activities in the Area within the prescribed time limit, it shall not adapt its legal circumstances to this law.
(2) A fine of up to CZK 10 000 000 may be imposed for an offence referred to in paragraph 1 (a), (c) or (d) and a fine of up to CZK 100 000 000 for an offence referred to in paragraph 1 (b). "
32. The following Section 18a is inserted after Section 18, including the title:
Administrative offences of legal and business natural persons
(1) A natural person, whether legal or legal, commits an administrative offence by:
(a) carry out a search without a certificate or a responsible representative in accordance with Article 7;
(b) carry out activities in the Area without a contract with the Office pursuant to Article 9 (1);
(c) as a beneficiary, contrary to Paragraph 22 (1), does not have, in the employment relationship, a person holding a certificate under this law;
(d) does not provide, at the request of the Ministry, a report on the circumstances of a major accident under Paragraph 14a; or
(e) as a member of an international association conducting searches or activities in the Area within the prescribed time limit, it shall not adapt its legal circumstances to this law.
(2) A fine of up to 10 000 000 CZK shall be imposed for the administrative offence referred to in paragraph 1 (a), (c), (d) or (e). A fine of up to 100 000 000 CZK shall be imposed for the administrative offence referred to in paragraph 1 (b). "
33.
(1) The legal person shall not be liable for an administrative offence if he proves that he has made every effort to prevent an infringement.
(2) In determining the amount of the fine to a legal person, account shall be taken of the seriousness of the administrative offence, in particular the manner in which it was committed and the consequences thereof and the circumstances in which it was committed.
(3) Liability for an administrative offence shall cease if the administrative authority has not initiated proceedings concerning it within 2 years of the date on which it became aware of it, but no later than 10 years after the date on which the infringement occurred.
(4) Administrative offences under this Act are dealt with by the Ministry at first instance.
(5) The provisions of this Act on liability and sanctions of a legal person shall apply to liability for acts which have taken place in or directly related to the business of a natural person.
(6) Fines imposed under this Act are collected by the Ministry and enforced by the competent customs office. "
34. The heading of Title VI shall read as follows: "COMMON, POWER AND TRANSITIONAL PROVISIONS."
Article 35 (21) reads:
By decree, the Ministry may determine the scope and content of the report on the circumstances of a major accident in accordance with Paragraph 14a if the European Commission sets out uniform reporting forms on the circumstances of a major accident. '
Efficacy
This Act shall take effect on the day of its publication.
z. Jerman v. r.
Zeman v. r.
Sobotka v. r.
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Regulation Information
| Citation | Act No. 201 / 2015 Coll., amending Act No. 158 / 2000 Coll., on the Search, Exploration and Mining of Mineral Resources from the Seabed beyond the State's competences and amending certain laws, as amended |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 17.08.2015 |
|---|---|
| Effective from | 17.08.2015 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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