What is Act No. 224 / 2015 Coll.?

Act No. 224 / 2015 Coll., on the prevention of major accidents caused by selected hazardous chemicals or chemical mixtures and amending Act No. 634 / 2004 Coll., on Administrative Charges, as amended, (Act on the Prevention of Major Accidents) — Act on the prevention of major accidents caused by selected hazardous chemicals or chemical mixtures and amending Act No. 634 / 2004 Coll., on Administrative Charges, as amended, (Act on the Prevention of Major Accidents).

When it became Act No. 224 / 2015 Coll. effectiveness?

Act No. 224 / 2015 Coll. became effective 01.10.2015.

Is Act No. 224 / 2015 Coll. still valid?

Yes, Act No. 224 / 2015 Coll. is still valid and effective.

How many times was it Act No. 224 / 2015 Coll. amended?

Act No. 224 / 2015 Coll. has 8 time versions of the text.

Act No. 224 / 2015 Coll. - Act on the prevention of major accidents...

224

THE LAW

of 12 August 2015

on the prevention of major accidents caused by selected hazardous chemicals or chemical mixtures and amending Act No. 634 / 2004 Coll., on Administrative Charges, as amended, (Act on the Prevention of Major Accidents)

Parliament has decided on this law of the Czech Republic:

ČÁST PRVNÍ

PREVENTION OF SERIOUS HALLS BY ELIGIBLE CHEMICAL OR CHEMICAL ASSETS

HLAVA I

INTRODUCTORY PROVISIONS

§ 1

Subject matter

(1) This Act implements the relevant European Union Regulation (1) and provides for a major accident prevention system for objects in which a dangerous substance is placed, in order to reduce the likelihood of major accidents occurring and to limit the consequences of major accidents to the lives and health of humans and animals, the environment and property in and around these objects.

(2) That law provides for:

(a) the obligations of legal or business natural persons who use or will use an object in which a dangerous substance is placed; and

(b) the competence of public authorities in the major-accident prevention sector caused by dangerous substances.

(3) Unless otherwise provided in other legislation, this law shall not apply to:

(a) military facilities and facilities (2);

(b) hazards associated with ionising radiation m3),

(c) road, rail, air and water transport of dangerous substances outside the premises, including temporary storage, loading and unloading during transport (4);

(d) the transport of dangerous substances in pipelines, including related pumping, compression and transfer stations built outside the facility in the pipeline route (5);

(e) geological work, mining activity and mining activity (6) in mines, quarries or through drilling, with the exception of surface bodies of chemical and thermal treatment and treatment of minerals, storage and storage of materials on the effluent, if dangerous substances are present in relation to these activities;

(f) exploration and quarrying at sea, including hydrocarbons;

(g) storage of gas in underground containers in coastal waters, both in places intended for storage and in places where mineral exploration and quarrying, including hydrocarbons are also carried out, with the exception of land-based underground gas tanks in natural layers, waterborne layers, salt caverns and abandoned doll7);

(h) landfills of waste, including underground waste storage (8).

§ 2

Basic concepts

For the purposes of this Act:

(a) the object of the whole space or, where appropriate, a set of spaces in which one or more hazardous substances are placed in one or more facilities used by a legal or commercial person, including common or related infrastructures and activities;

(b) a technical or technological unit in which a dangerous substance is manufactured, processed, used, transported or stored and which also includes all the parts necessary for the operation of the equipment, in particular construction facilities, pipelines, storage tanks, machinery, industrial installations and cargo spaces;

(c) an operator of a legal or business natural person who uses or will use an object in which a dangerous substance is or will be placed in a quantity equal to or greater than that specified in Annex 1 to this Act in column 2 of Table I or II, or which has been assigned to Group A or Group B by decision of the Regional Authority;

(d) a user of an object by a legal or business natural person who uses or will use an object in which a dangerous substance is or will be placed in a quantity less than that specified in Annex 1 to this Act in column 2 of Table I or II and which has not been assigned to Group A or Group B by decision of the Regional Authority;

(e) a dangerous substance chosen by a hazardous chemical or chemical mixture in accordance with a directly applicable European Union Regulation on classification, labelling and packaging of substances and mixtures (9), meeting the criteria set out in Annex 1 to this Act in Table I or listed in Annex 1 to this Act in Table II and present in the building as a raw material, product, by-product, intermediate product or residue, including those substances which can reasonably be expected to occur in a major accident;

(f) by placing a dangerous substance in place of a proposed quantity of a dangerous substance which is or will be produced, processed, used, transported or stored in an object or which can reasonably be expected to accumulate in an object in the event of a loss of control over the course of an industrial chemical process or a major accident;

(g) a major accident, an exceptional, partly or totally uncontrollable, time and space-bound event, in particular a serious spill of a dangerous substance, a fire or explosion which has arisen or is imminent in connection with the use of an object, resulting in serious hazards or serious consequences for the lives and health of humans and animals, the environment or property and involving one or more dangerous substances;

(h) a source of risk of the property of a dangerous substance or of a physical or physical situation causing the possibility of a major accident;

(i) the risk of an adverse specific effect occurring within a certain period or under certain circumstances;

(j) storage of certain quantities of hazardous substances for storage, storage in safe custody or storage;

(k) an object located in the vicinity of another object which increases the likelihood or consequences of a major accident;

(l) the domino effect of the possibility of increasing the likelihood of a major accident arising from the mutual proximity of equipment, objects or groups of objects and the location of dangerous substances;

(m) the emergency planning zone of the area around the building where the requirements for the protection of the population and the requirements for territorial development in terms of emergency planning are applied in the form of an external emergency plan;

(n) a scenario of a variable description of the development of a major accident, a description of the development of causative and sequential, consecutive and sequential events, either spontaneously taking place or taking place as activities of people who are intended to manage the progress of a major accident.

HLAVA II

GENERAL PROVISIONS

§ 3

List

(1) The operator or user of the premises shall take all necessary measures to prevent major accidents and limit their consequences to the lives and health of humans and animals, the environment and property.

(2) Operator or user of the object

(a) it shall draw up a list indicating the type, quantity, classification and physical form of all hazardous substances present in the premises (hereinafter referred to as the list);

(b) on the basis of the list, carry out the sum of the relative quantities of hazardous substances placed in the building according to the formula and under the conditions set out in Annex 1 to this Act; and

(c) on the basis of the list and the sum of the relative quantities of hazardous substances present in the premises, it shall process the protocol referred to in Section 4 (1) or propose the inclusion of the object in Group A or Group B under the conditions laid down in Section 5 (1) and (2).

§ 4

Protocol on non-inclusion

(1) The user of the object shall process a protocol in which he records that the quantity of dangerous substance placed in the object is less than the quantity listed in Annex 1 to this Act in column 2 of Table I or II, and the sum of the relative quantities of dangerous substances placed in the object made in accordance with the formula and under the conditions set out in Annex 1 to this Act is less than 1 ("non-inclusion protocol") and shall retain the non-inclusion protocol for the purposes of the inspection carried out in accordance with § 39. The model of the non-inclusion protocol is set out in Annex 2 to this Act.

(2) The user of the object shall ensure that the non-inclusion protocol is updated after each increase in the amount of dangerous substances placed in an object exceeding 10% of the existing quantity of dangerous substances placed in an object or when another dangerous substance is placed in an object which has not yet been listed.

(3) The user of the object shall submit a protocol of non-inclusion or updating it to the Regional Authority within 1 month of the date on which the quantity of dangerous substance placed in the object exceeds 2% of the quantity specified in Annex 1 to this Act in column 2 of Table I or II.

(4) The Protocol on non-inclusion contains:

(a) identification of the object and its user;

(b) the list,

(c) a description of the calculation of the sum of the relative quantities of hazardous substances present in the premises; and

(d) the place, date and signature of the natural person authorised to act for the user of the object.

§ 5

Application for inclusion

(1) An operator shall propose the classification of an object in Group A if:

(a) the quantity of dangerous substance placed on the premises is equal to or greater than that listed in Annex 1 to this Act in column 2 of Table I or II and is less than that listed in Annex 1 to this Act in column 3 of Table I or II; or

(b) the sum of the relative quantities of hazardous substances present in an object, made in accordance with the formula and under the conditions set out in Annex 1 to this Act, shall be equal to or greater than 1 if the quantity of dangerous substance referred to in (a) is not achieved.

(2) An operator shall propose the classification of an object in group B if:

(a) the quantity of dangerous substance placed on the premises is equal to or greater than that listed in Annex 1 to this Law in column 3 of Table I or II; or

(b) the sum of the relative quantities of hazardous substances present in an object, made in accordance with the formula and under the conditions set out in Annex 1 to this Act, shall be equal to or greater than 1 if the quantity of dangerous substance referred to in (a) is not achieved.

(3) An operator shall submit a proposal for the inclusion of an object in Group A or Group B (hereinafter referred to as "the proposal for inclusion ') to the Regional Authority within 1 month of the date on which the quantity of dangerous substance placed in an object reaches at least the quantity referred to in Annex 1 to this Act in column 2 of Table I or II or the sum of the relative quantities of dangerous substances placed in an object reaches 1.

(4) The application for inclusion contains:

(a) identification of the object and operator;

(b) the list,

(c) a description of the operator's current or planned activities;

d) description and graphic representation of the surrounding area of the building,

(e) the quantity of dangerous substances used in the calculation of the sum of the quantities of dangerous substances present in the premises;

(f) a description of the calculation of the sum of the relative quantities of hazardous substances present in the premises; and

(g) the place, date and signature of the natural person authorised to act as operator.

(5) The application for inclusion shall be submitted in electronic form in accordance with the model set out in Annex 2 to this Law.

§ 6

Classification of the object in the appropriate group

(1) The Regional Authority shall examine the application for inclusion submitted by the operator pursuant to Article 5 (3) and decide on the inclusion of the object in Group A or Group B.

(2) The Regional Authority shall examine the non-inclusion protocol sent by the user of the object pursuant to § 4 (3) and, if it finds facts justifying the classification of the object in Group A or Group B, initiate the procedure for classification of the object in the relevant group.

(3) In the decision to include an object in Group A or Group B, the Regional Authority, taking into account the number of authorities concerned and the municipalities concerned, sets out the number of portable technical data media on which the operator submits to it a proposal for a major accident prevention safety programme (hereinafter referred to as the "security programme") or a safety report in electronic form, together with its paper form.

§ 7

Classification of the object into the appropriate domino effect group

(1) The Regional Authority shall determine:

(a) the information contained in the proposals for classification submitted pursuant to Article 5 (3) and the non-inclusion protocols submitted pursuant to Article 4 (3);

(b) additional information requested from operators and users of the premises; or

(c) information obtained from checks carried out pursuant to § 39

objects that may have a domino effect and decide to include these objects in Group A or Group B. When entering an object into the appropriate domino effect group, the Regional Authority shall proceed mutatis mutandis in accordance with Section 6 (3).

(2) The Regional Authority shall provide the operator or user of an object designated in accordance with paragraph 1 with information on the immediate surroundings of that object, including information on neighbouring objects, established in accordance with paragraph 1.

(3) The Regional Authority may impose an obligation on operators and users of objects designated in accordance with paragraph 1 to exchange data necessary for risk management in such objects.

(4) The operator shall use the data obtained under paragraphs 2 and 3 to assess the risks of a major accident, the processing of the security programme, the security reports, the internal emergency plan, the documentation for the determination of the emergency planning zone and the processing of the external emergency plan and the provision of information under this Act.

§ 8

Proposal to change the classification of the object

(1) An operator shall submit to the Regional Authority a proposal to change the classification of an object from Group A to Group B or Group B to Group A (hereinafter referred to as "the amendment proposal") within 1 month from the date on which such change occurs in the type or quantity of dangerous substance placed in an object which may lead to a change in the classification of an object into Group A or Group B. The proposed amendment shall be notified by the operator of the Regional Authority before such amendments are implemented. Article 5 (4) and (5) and Article 6 (1) shall apply mutatis mutandis for the purposes of processing a proposal to amend and decide on the classification.

(2) An operator shall propose to the Regional Authority the decommissioning of an object from Group A or Group B within 1 month from the date on which:

(a) has ceased operations in an object; or

(b) there shall be such a reduction in the quantity of dangerous substances placed in an object after which that quantity is below the quantity specified in Annex 1 to this Act in column 2 of Table I or II and the sum of the relative quantities of dangerous substances placed in an object is below 1; in this case the operator shall proceed mutatis mutandis in accordance with § 4 (1) to (3).

(3) The Regional Authority shall examine the operator's proposal in accordance with paragraph 2 and decide on the decommissioning of an object from Group A or Group B.

HLAVA III

SECURITY DOCUMENTATION

Díl 1

Processing of security documentation

§ 9

Risk assessment of a major accident

(1) Operator of an object in the group A or carry out a serious accident risk assessment in Group B for the purpose of processing a security programme or safety report.

(2) The risk assessment of a major accident contains:

(a) identification of sources of risk;

(b) risk analysis;

(c) risk assessment; and

d) evaluation of the extent of emergency manifestations.

(3) The implementing act lays down the details of the content of the major accident risk assessment, the extent of the risk assessment of the major accident processed for the objects listed in Group A or Group B and the manner in which it is implemented.

Security programme

§ 10

(1) Operator of an object in the group And it will process a security program based on a major accident risk assessment.

(2) The security programme shall contain:

(a) basic information about the object,

(b) a serious accident risk assessment;

(c) a description of the principles, objectives and policies for the prevention of major accidents;

(d) a description of the safety management system; and

(e) a final summary.

(3) Documents processed under other legislation10), or for the internal needs of the operator or parts thereof, may be used for the purposes of the processing of the security programme, provided that they comply with or are supplemented and adapted to the requirements of the security programme.

(4) The operator shall include in the security programme, based on a decision of the Regional Authority, preventive safety measures relating to the possible emergence of a domino effect.

(5) An operator shall submit a draft security programme for approval to the Regional Authority within 6 months of the date of the acquisition of the authority of the Regional Authority of the decision to include the object in Group A.

(6) The implementing legislation provides for the content and structure of the security programme.

§ 11

(1) An operator shall review the security programme no later than 5 years after the date on which the decision on its approval is taken and at least every 5 years thereafter. The security programme review carried out shall be subject to an alert indicating the list of changes made to the premises and their description. The record of the security programme review carried out shall be kept for inspection in accordance with Section 39 and shall send a copy of the alert to the Regional Authority.

(2) If, on the basis of the results of the safety programme review carried out, it is necessary to update the safety programme, the operator shall immediately ensure such update and submit it for approval to the Regional Authority within 6 months of the date of transmission of the copy of the record of the safety programme review carried out to the Regional Authority.

(3) The implementing act lays down the details of the content of the alert on the safety programme review carried out.

§ 12

Security report

(1) An operator of an object classified in Group B shall prepare a safety report on the basis of a major accident risk assessment.

(2) The safety report shall include:

(a) basic information about the object,

(b) a technical description of the object,

(c) information on environmental aspects around the premises;

(d) a serious accident risk assessment;

(e) a description of the principles, objectives and policies for the prevention of major accidents;

(f) a description of the safety management system;

(g) a description of the preventive safety measures to limit the occurrence and consequences of a major accident;

(h) a final summary; and

(i) the listed legal and natural persons involved in the preparation of the security report.

(3) In the safety report, the operator further:

(a) establish principles of safety and reliability appropriate to the identified hazards in the construction, operation and maintenance of any installation, equipment and infrastructure associated with its operation which constitute a major accident hazard;

(b) develop the principles of an internal emergency plan and provide information enabling the development of an external emergency plan, including security measures relating to the possible emergence of a domino effect in order to implement the measures necessary in the event of a major accident; and

(c) ensure that the competent public authorities and the municipalities concerned are adequately informed to take decisions on the development of new activities or developments in the vicinity of existing buildings.

(4) Paragraph 10 (3) and (4) shall apply mutatis mutandis for the purposes of processing the safety report.

(5) An operator shall submit a draft safety report for approval to the Regional Authority within 9 months of the date of the acquisition of the authority of the Regional Authority of the decision to include the object in Group B.

(6) The implementing legislation shall lay down the details of the content of the safety report and its structure.

§ 13

Security report assessment report

(1) An operator shall ensure that the safety report is assessed. On the basis of that assessment, it shall prepare a report on the assessment of the safety report and submit the draft report to the Regional Authority for approval

(a) no later than 5 years after the date of the adoption of the decision approving the safety report or the decision approving the previous assessment report;

(b) at any time on its own initiative or at the request of the Regional Authority, in cases justified by new facts or in the light of new technical knowledge concerning safety issues, accident analysis, accidents and accidents or knowledge in the assessment of risk sources.

(2) The operator shall indicate in the assessment report the safety report:

(a) a list of changes made to the premises,

(b) the cumulative impact of the changes made on operational safety; and

(c) the conclusion on the need to update the safety report or the factual and technical justification that there was no need to update the safety report.

(3) The implementing act shall specify the content of the safety report and its structure.

§ 14

Update of the security programme and safety reports

(1) An operator of an object whose classification is changed pursuant to Paragraph 8 (1) shall prepare a security programme or safety report and submit their proposal for approval to the Regional Authority within the time limits set for its submission in § 10 (5) or § 12 (5).

(2) The operator shall immediately ensure that the security programme or safety report is updated and shall submit it for approval to the Regional Authority within 6 months of the date on which such an update takes place.

(a) a change in the type or quantity of dangerous substance present in an object exceeding 10% of the existing quantity of dangerous substance present in an object leading to a change in the safety of the use of the object;

(b) a change in the technology in which the hazardous substance is used which results in a change in the safety of the use of the object; or

(c) an organisational change affecting the safety management system.

(3) An operator shall immediately ensure that the safety report is updated and shall submit that update for approval to the Regional Authority within 6 months of the date of the receipt of the decision of the Regional Authority to approve the safety report if the need for its implementation results from the conclusion of the safety report assessment report referred to in Article 13 (2) (c).

§ 15

Compliance with the security programme and safety report

(1) The operator shall proceed according to the security programme or safety report.

(2) An operator shall clearly identify its staff and other persons who are aware of it, to the extent necessary, with the security programme or safety report.

Díl 2

Approval of safety documentation

§ 16

Regional Authority procedure

In the procedures for the approval of the draft safety programme, the safety report, their updates or the draft safety assessment report (hereinafter referred to as the "draft safety file '), the Regional Authority shall:

(a) send the draft safety file without delay to the authorities and municipalities concerned; and

(b) ensure, without delay, the processing of the opinion of the draft safety file by a legal person (hereinafter referred to as "the processor").

§ 17

Observations of the authorities, municipalities and the public concerned

(1) The authorities concerned shall send their comments on the draft safety documentation to the Regional Authority within 60 days from the date on which it was delivered to them; if the authority concerned does not send its comments on the draft safety file within that period, it shall agree to the draft safety file.

(2) The municipality concerned shall notify the public, on the official record and in a manner that is customary within 15 days of the date of receipt of the draft safety file, where and where the draft safety file can be consulted, of extracts, copies or copies thereof. Public consultation of the draft safety documentation shall be allowed for a period of 30 days from the date of their notification. Within this period, everyone may make written comments on the draft safety file.

(3) The municipalities concerned shall send their comments and comments to the public on the draft safety file within 15 days of the date of expiry of the period laid down for public consultation in the draft safety file referred to in paragraph 2; if the municipality concerned does not send its comments and comments to the public on the draft safety file within that period, it shall agree with the draft safety file.

(4) The Regional Authority, after consulting the operator, may refuse public consultation of the draft safety documentation or parts thereof for reasons and under conditions under which the right to information on the environment can be denied), or for reasons of state security.

§ 18

Assessment of design of safety documentation

(1) The assessor shall process the opinion of the draft safety documentation (hereinafter referred to as the "assessment") on the basis of the draft safety documentation and the verification of the data contained in it by the operator of the building classified in Group A or Group B.

(2) The processor shall carry out the assessment in the assessment of the draft safety documentation, in particular the assessment of the risk assessment of the major accident and the preventive safety measures taken. The assessor may make recommendations in the opinion to supplement the draft safety documentation.

(3) The Regional Office shall provide the processor with an assessment period for the processing of the assessment which shall not exceed 60 days. The time limit set for the processing of the opinion shall not be counted against the time limit set for the decision of the Regional Authority to approve the safety documentation referred to in Article 20 (1).

(4) The processor shall send the opinion to the Regional Office within the prescribed time, form and number of copies. In the event that the opinion does not comply with the requirements of this law and the legislation issued for its implementation, the Regional Office shall return it to the processor within 10 working days of its delivery. The Regional Office shall set the time limit for the processor to complete or revise the assessment. This period shall not exceed 15 days. The period set for the completion or revision of the opinion shall not be counted against the period set for the decision of the Regional Authority on the approval of the safety documentation referred to in Article 20 (1).

(5) The implementing legislation sets out the criteria for the evaluation of the draft safety documentation and the details of the content of the assessment.

§ 19

Rights and obligations of the processor of the opinion

(1) The assessor of the assessment shall not revise or supplement the draft safety documentation.

(2) The opinion processor may request partial supporting documents to verify the data contained in the draft safety documentation from other experts. This fact shall be indicated in the opinion by the processor. Those involved in the preparation of the draft safety documentation shall not participate in the preparation of the assessment.

(3) In order to verify the data contained in the draft safety documentation, the assessor shall be entitled to require:

Citation	Act No. 224 / 2015 Coll., on the prevention of major accidents caused by selected hazardous chemicals or chemical mixtures and amending Act No. 634 / 2004 Coll., on Administrative Charges, as amended, (Act on the Prevention of Major Accidents)
Regulation Type	Law
Author	-
Collection	Code of Laws

Date of Promulgation	11.09.2015
Effective from	01.10.2015
Effective until	-
Status	Valid

Act No. 224 / 2015 Coll.

Act on the prevention of major accidents caused by selected hazardous chemicals or chemical mixtures and amending Act No. 634 / 2004 Coll., on Administrative Charges, as amended, (Act on the Prevention of Major Accidents)

Contents