Act No. 227 / 2003 Coll.
Act amending Act No. 156 / 2000 Coll., on the Verification of Firearms, Ammings and Pyrotechnic Articles and amending Act No. 288 / 1995 Coll., on Firearms and Ammo (Firearms Act), as amended by Act No. 13 / 1998 Coll., and Act No. 368 / 1992 Coll., on Administrative Charges, as amended, as amended, as amended, and Act No. 119 / 2002 Coll. and Act No. 309 / 2002 Coll., and certain other laws
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Effective from 01.10.2003
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227
THE LAW
of 26 June 2003
amending Act No. 156 / 2000 Coll., on the Verification of Firearms, Ammings and pyrotechnic articles and amending Act No. 288 / 1995 Coll., on Firearms and Ammo (Firearms Act), as amended by Act No. 13 / 1998 Coll., and Act No. 368 / 1992 Coll., on Administrative Charges, as amended, as amended, as amended by Act No. 119 / 2002 Coll. and Act No. 309 / 2002 Coll., and certain other laws
Parliament has decided on this law of the Czech Republic:
Amendment to the Firearms, Ammo and Pyrotechnic Articles Verification Act
Act No. 156 / 2000 Coll., on the verification of firearms, ammunition, pyrotechnic articles and amending Act No. 288 / 1995 Coll., on firearms and ammunition (Firearms Act), as amended by Act No. 13 / 1998 Coll., and Act No. 368 / 1992 Coll., on administrative fees, as amended, as amended by Act No. 119 / 2002 Coll. and Act No. 309 / 2002 Coll., is amended as follows:
1. In the heading of Part One, the word "articles' is replaced by" products'.
2. in Paragraph 1 (a):
"(a) the rights and obligations of manufacturers, importers, exporters, distributors and repairers of firearms, ammunition or pyrotechnic articles (" controlled persons "), as well as the holders of gun licences for their verification,"
3. In Article 1 (b), "articles' is replaced by" products'.
4. in Paragraph 2 (1), including footnote (4a):
"(1) For the purposes of this Act:
(a) controlled products of specified firearms, specified ammunition and pyrotechnic articles;
(b) verification of the activity at which the technical tests, measurements and tests are carried out to identify the characteristics of the products checked, the conformity with the technical requirements laid down therein (§ 4) and the marking of those products by test marks (§ 19), as well as verification of whether they are explosive, explosive article or pyrotechnic article, 4a)
(c) by the manufacturer who makes controlled products or essential parts thereof, or is referred to as the manufacturer by providing them with his trading firm under which he is registered, or by the name, trade mark or other distinguishing sign, or by whoever modifies them;
(d) the importer who imports controlled products into the Czech Republic or represents the manufacturer if the manufacturer is not in the Czech Republic,
(e) by the distributor, the seller of the controlled products mediates their sale or otherwise provides them to users, even if its activities do not directly affect the characteristics of the controlled products;
(f) the exporter who exports the controlled products from the Czech Republic,
(g) by the repairer, who, in particular, removes defects in specified firearms, changes their characteristics by order or performs their maintenance, modification, assembly or adjustment;
(h) the placing on the market of controlled products at the moment when controlled products are handed over or offered for distribution or use by the manufacturer, importer, distributor or repairer in the Czech Republic on a fee or charge.
(4a) Paragraph 21 (8) of Act No. 61 / 1988 Coll., on Mining Activities, Explosives and State Mining Administration, as amended. '
5. In Article 2 (2), the reference to footnote 4b is inserted after the words "which are subject to verification '.
footnote 4b is replaced by the following:
"(4b) Part One of the First Annex to Act No. 119 / 2002 Coll., on firearms and ammunition and amending Act No. 156 / 2000 Coll., on verification of firearms, ammunition and pyrotechnic articles and amending Act No. 288 / 1995 Coll., on firearms and ammunition (Firearms and ammunition Act), as amended by Act No. 13 / 1998 Coll., and Act No. 368 / 1992 Coll., on administrative charges, as amended, and Act No. 455 / 1991 Coll., on business (Trade Code), as amended."
6. in Article 2 (2) (a) (7), the words "ballistic weapons intended" shall be replaced by the words "ballistic meters designated."
7. In Article 2 (2) (b), the words "or to air cartouche 'shall be added at the end of the text of point 3.
8. in Article 2 (2) (c):
"(c) parts of firearms, which are essential parts of weapons, as well as the days' propellers loaded with the muzzle."
9. In Article 2 (3), the reference to footnote 4c is inserted after the words "which are subject to verification '.
Footnote 4c) reads as follows:
"4c) Part Two of Act No. 119 / 2002 Coll. '.
10. in Article 2 (3), the words "if marketed separately" shall be added at the end of the text of point (f).
11. in Paragraph 2 (4), including footnote 5 (a):
"(4) Pyrotechnic articles subject to verification are articles which contain pyrotechnic articles or explosives and which are intended for entertainment or technical purposes and are classified in Class I of Annex A to the International Convention for the Transport of Dangerous Goods (5a).
5 (a) European Agreement on the International Carriage of Dangerous Goods by Road (ADR), published under No. 64 / 1987 Coll., as amended by No. 159 / 1997 Coll., No. 186 / 1998 Coll., No. 54 / 1999 Coll., No. 93 / 2000 Coll. s., No. 6 / 2002 Coll. s. and No. 65 / 2003 Coll. "
12. In Article 2, the following paragraph 5 is added:
"(5) The verification shall also be carried out on the main parts of pyrotechnic articles, in particular explosive charges, which are essential for their manufacture, provided that they are placed on the market separately. ';
13. footnotes 1), 2), 3), 5), 6), 7), 8), 9), 10) and 11) shall be deleted including the references to these footnotes.
14.
This law does not apply to:
(a) specified firearms and ammunition intended for research, development and testing purposes, provided that the Czech Office for the Testing of Weapons and Weapons (hereinafter referred to as the Office) confirms that designation;
(b) mechanical firearms;
(c) controlled products which are acquired into possession and held in the arms of the armed forces of the Czech Republic, 5b) armed security corps, armed customs services, intelligence services of the Czech Republic, or armed forces or consortia of other States when they are present in the territory of the Czech Republic, crossing the national borders of the Czech Republic and transit through the territory of the Czech Republic or crossing the territory of the Czech Republic under special legislation 5c) or under an international agreement binding the Czech Republic;
(d) controlled products manufactured or imported for the purposes of the Office in order to ensure its activities as provided for in Article 17;
(e) ammunition for firearms which, for their own use, have been manufactured by persons authorised to do so under special legislation, provided that they have been made up of parts of ammunition complying with the provisions of this law;
(f) firearms held for museum or collector's purposes or activities, 5d) which are not intended or used for shooting and have been registered for such purposes or activities by the competent police department.
5b) Act No. 219 / 1999 Coll., on the Armed Forces of the Czech Republic, as amended.
5c) For example Act No. 310 / 1999 Coll., on the residence of armed forces of other states in the Czech Republic.
5d) Articles 16 (2) (a) and 31 (i) of Act 119 / 2002 Coll. '.
(15) footnotes 12 to 14) shall be deleted, including the references to those footnotes.
16. The heading of Section 4 reads: "Technical requirements for controlled products."
17. in Article 4 (1), "specified firearms, specified ammunition and pyrotechnic articles" shall be replaced by "controlled products."
(18) footnotes 15) and 16) shall be deleted, including the references thereto.
19. in Paragraph 4 (2), the words "for specified firearms, specified ammunition and pyrotechnic articles" shall be replaced by "for controlled products."
20. The heading of Title II reads: "VERIFICATION OF CHECKED PRODUCTS."
21. Paragraph 5 (2) reads:
"(2) The verification referred to in paragraph 1 (a) to (c) shall not be carried out in respect of imported specified firearms before they are placed on the market, provided that they are marked on the basis of an international contract which is binding on the Czech Republic. 4) ';
(22) footnote 17) shall be deleted, including the reference to this footnote.
23. Paragraph 6 (1) reads:
"(1) Homologation of specified firearms is a procedure whereby, after verification of two pieces of each type of specified firearm, a certificate of approval is issued showing that:
(a) the type of specified firearm complies with the specified technical requirements;
(b) the technical and accompanying documentation is complete [Paragraph 18 (3) (a)]; and
(c) the checked person shall have calibrated meters and instruments and shall have a technical control system to the extent provided for in the Decree of the Ministry of Industry and Trade (hereinafter referred to as "the Ministry").
In the event that one of those requirements is not met, the Office shall refuse to issue a certificate of approval of a specified firearm. ';
24. in Article 6 (2) (a):
"(a) firearms intended for the firing of a flexert type hub with a bullet chamber diameter of up to and including 5 mm and a length of up to and including 15 mm, or which have a cartridge chamber with a diameter and length of up to and including 6 mm, with a single drive load of the projectile giving power to the mouth, principally up to and including 7,5 J, ';
25. In Paragraph 6 (2) (c), the words "at the mouth of the barrel" shall be inserted after the words "the energy of the bullet."
26. in Paragraph 6 (3):
"(3) Homologation shall not be subject to the specified firearms referred to in paragraph 2 if the same manufacturer or importer places on the market a maximum of five weapons in one year; in which case they shall be subject to unit verification. ';
27. in Article 6, the following paragraph 4 is added:
"(4) The validity of the certificate of approval shall expire, unless otherwise specified, on the date indicated on the certificate, but not later than two years from the date of issue. No later than three months before its expiry, the manufacturer or importer may apply for an extension of the certificate for a maximum period of two years. To this end, it shall request a partial verification of five pieces of each type of approved firearm to determine whether those types comply with the specified technical requirements. ';
28. In Article 7, the sentence "Details of the Office's progress in the mass verification of specified firearms shall be added at the end of the procedure, as laid down in the Decree. '
29.
Repeated partial verification of specified firearms is a procedure identical to that of unit verification and is carried out in cases where the specified firearm does not comply with the specified technical requirements for unit verification and is returned to the manufacturer or importer after marking the Authority's identification mark (§ 19). When the specified technical requirements are met, the specified firearm shall be marked with a test mark for unit verification. The Ministry shall determine the details of the Authority's progress in the re-verification of specified firearms by decree. '.
30. Paragraph 10 (1) reads:
"(1) Type-control of the specified ammunition is a procedure whereby it is verified and demonstrated by issuing a certificate of type-control of the ammunition that:
(a) the type of ammunition complies with the specified technical requirements;
(b) the technical and accompanying documentation is complete; and
(c) the checked person shall be required to carry out the production control to the extent provided for by the Ministerial Decree.
Where one of those requirements is not met, the Authority shall refuse to issue a type-control certificate for the specified ammunition. ';
31. In the title above Section 12 and in the introductory part of Section 12, the word "articles' is replaced by" products'.
32.
(1) The type test to be carried out on all pyrotechnic articles is a procedure whereby the sample of pyrotechnic articles is verified and demonstrated by the issue of a type test certificate that:
(a) the type of pyrotechnic article complies with the specified technical requirements;
(b) the technical and accompanying documentation is complete;
(c) the inspected person shall have a technical control system to the extent provided for by the Ministerial Decree.
Where one of those requirements is not met, the Authority shall not issue a type test certificate for a pyrotechnic article.
(2) The certificate of type-examination of a pyrotechnic article expires, unless otherwise specified, on the date stated on the certificate but no later than three years after its issue. No later than three months before its expiry, the manufacturer or importer may request re-verification of the pyrotechnic article and the extension of the certificate. ';
33.
Repeated verification of pyrotechnic articles is a procedure whereby it is verified on the type of pyrotechnic article whether it still complies with the specified technical requirements on the basis of which the type test certificate was issued. If this verification finds that it does not meet these requirements, the type test certificate shall be withdrawn in the administrative procedure. When the specified technical requirements are met, the validity of the certificate shall be extended by a maximum of three years. ';
34. Under Article 15, the heading "Reimbursement for verification 'is inserted.
35. in Article 15 (1), "specified firearms, specified ammunition and pyrotechnic articles" shall be replaced by "controlled product."
36. in Paragraph 15 (2), "pyrotechnic articles" is replaced by "pyrotechnic articles."
37.
Obligations of persons controlled and holder of a weapon pass
(1) The manufacturer, importer and exporter are obliged to:
(a) submit, before placing on the market or before export, controlled products for verification and placing on the market or exporting them only if they are verified and bearing a test mark;
(b) after issuing the certificate of approval, mark at least one of the essential parts of the firearm with the test mark specified in the certificate; where this is not possible, the Authority shall specify another appropriate means of identification,
(c) after issuing the certificate of type-control of ammunition, mark the external side of the smallest consumer packaging of the specified ammunition with the test mark indicated in the certificate and ensure, to the extent provided for by the Ministerial Decree, a production check to determine whether the technical requirements laid down in the manufacture are complied with and to keep a record thereof;
(d) after the type test certificate has been issued, mark the external side of the pyrotechnic article with the test mark given in the certificate and, if the dimensions of the pyrotechnic article do not allow it, the outer side of the smallest consumer packaging of pyrotechnic articles,
(e) leave a soft place to extract the appropriate test mark on the main parts of the weapons which are of metal; where this is not possible, the Authority shall establish an appropriate means of identification,
(f) inform the Authority in writing, within 30 days, of any changes in the manufacture of the products checked, provided that such changes may affect the characteristics of one of those products.
(2) The manufacturer is also obliged to:
(a) to procure controlled products by its trading firm or by its name, if it is a legal person, or by its name and surname, if it is a natural person, or by a trade mark and other particulars, provided that this is provided for in the Ministerial Order or in the Special Legislation, 18a)
(b) to allow the staff of the Office to enter the production premises and to provide them with the necessary synergies, including the use of test equipment, the provision of ammunition, test and administrative premises, provided that verification is carried out at his request at his premises. 18b)
(3) The distributor may only place on the market controlled products marked with a test mark. As regards pyrotechnic articles, their period of application shall not be exceeded.
(4) A repairer to whom an arms licence has been issued under a special law, 18c) is obliged to:
(a) carry out repairs and modifications to firearms in order to meet the technical requirements laid down; in the event of doubt, it shall submit to the Office in writing the procedure for the repair or modification of the firearms, unless otherwise specified below;
(b) present for verification a repaired firearm which has been replaced by one of the main components.
18a) Act No. 634 / 1992 Coll., on Consumer Protection, as amended.
18b) For example Act No. 455 / 1991 Coll., on Business Business (Trade Act), as amended.
18c) § 31 to 40 of Act No. 119 / 2002 Coll. '
(38) footnote 19) shall be deleted, including the reference to this footnote.
39. The heading of Title III shall read as follows: "STATE GOVERNANCE ON CHECKED PRODUCTS."
40. in Article 17 (3) (a), the words "specified firearms, specified ammunition and pyrotechnic articles," shall be replaced by the words "controlled products,"
(41) In Article 17 (3) (c), the words "specified firearms, specified ammunition and pyrotechnic articles" are replaced by the words "controlled products."
42. In Paragraph 17 (3) (e), footnote 19a is renumbered as footnote 19b.
43. In Paragraph 17 (3), at the end of point (e), the dot is replaced by a comma and the following points (f) and (g) are added:
"(f) carry out other activities provided for by specific legislation, 19c)
(g) cooperate with administrative and territorial authorities in the field of delegation, as well as with other State bodies and bodies whose cooperation is necessary for the Office's activities. Where the Office finds, in its activities, facts on the basis of which measures are to be taken which are within the competence of other institutions, it shall notify those authorities.
19c) For example § 74 paragraph 7 of Act No. 119 / 2002 Coll. '.
44. Paragraph 17 (4) to (7) reads as follows:
"(4)
(a) decide whether to withdraw controlled products from the market because of a technical defect if they identify a proven threat to the health or safety of their users;
(b) fulfil the information obligations arising out of an international contract to which the Czech Republic is bound, 4)
(c) before verifying any specified firearm submitted for verification after repair or modification, assess the technological process of repair or modification in accordance with Article 16 (4);
(d) cooperate in the field of controlled products and ballistic-resistant materials and structures with similar foreign offices and testing facilities;
(e) organise, coordinate and carry out scientific activities, research and development related to professional activities;
(f) ensure inter-laboratory testing of reference materials for controlled products;
(g) provide technical information and carry out professional training;
(h) involved in the certification of quality management systems;
(i) retains and compares reference ammunition and reference piezoelectric sensors in the framework of the fulfilment of obligations arising from an international contract to which the Czech Republic is bound, 4)
j) involved in the development of Czech technical standards and regulations in the field of controlled products and ballistically resistant materials and structures.
(5) The Office by its authorised staff ("the inspectors of the Office")
(a) check that the obligations imposed by this law are fulfilled;
(b) impose fines for infringements imposed by this law;
(c) decide to prohibit the further treatment of controlled products if they do not comply with the conditions for placing on the market under this law or the technical requirements laid down under which verification has been carried out, or directly threaten safety;
(d) collecting administrative fees, fees (§ 15) and block fines.
(6) The Office shall keep records of firearms, ammunition, pyrotechnic articles and explosives, including the necessary equipment used in carrying out the verifications and for professional services.
(7) The staff of the Office who carry out verifications, professional or control activities under this Act, are required to remain silent on all the facts which they have learned about in connection with the verification of the products checked or in carrying out professional or control activities under this Act, even if they have ceased to be staff of the Office for a period of five years, unless otherwise provided for in specific legislation. "
45. The heading of Section 18 reads: "Submission of controlled products to the Authority."
46. in Paragraph 18 (1), "specified firearms, specified ammunition and pyrotechnic articles" shall be replaced by "controlled products."
47. in Paragraph 18 (1) (b) (3), the word "article" is replaced by "product."
48. In Paragraph 18 (2), "articles' is replaced by" products' and "articles' is replaced by" products'.
49. in Paragraph 18 (4), "articles" is replaced by "products."
50. In Article 18 (5), the words "specified firearms, specified ammunition or pyrotechnic articles' are replaced by the words" controlled products'.
51. in Article 19 (1), the words "specified firearms, specified ammunition and pyrotechnic articles" shall be replaced by "controlled products."
52. Paragraph 20, including footnotes 20a, 20b and 20c, reads as follows:
Control
(1) The inspection of the obligations provided for in this Act shall be carried out by the Office and by the inspectors appointed by it to the Office, who shall prove themselves by means of service cards. The model of this licence shall be determined by the Ministry by a decree. The check may be carried out without prior notification.
(2) Inspectors of the Office shall be entitled to:
(a) enter the premises and premises of the persons checked in accordance with their internal safety regulations in which the operations of the controlled products are carried out;
(b) verify the identity of the persons checked, as well as the identity of the natural persons who represent the persons checked, and the authorisation to represent them;
(c) to require the necessary documents from the persons checked, to provide true and complete information and to provide written or oral explanations;
(d) take samples of the products checked for inspection to assess the conformity of the products with the requirements of the law and implementing rules; no later than 90 days after the examination of the Office, the person to be checked shall be compensated for the price at which the product is offered at the time of taking the sample. No refund shall be granted if the person checked surrenders to him or if the sample is returned in undamaged condition. The right to reimbursement shall not arise in respect of a controlled product which does not meet the specified technical requirements,
(e) impose fines for infringements of the obligations imposed by this law.
(3) The inspectors of the Authority shall check with the persons checked that:
(a) controlled products are placed on the market marked and comply with the specified technical requirements;
(b) the technical and accompanying documentation complies with all the requirements laid down by law;
(c) fulfil other obligations imposed by this law.
(4) The inspector of the Authority will, on the basis of the checks carried out, prohibit the purchase, supply, sale or use of products which do not comply with the requirements of the law or special legislation by means of measures pending the recovery. 20a) It shall notify the person checked orally and shall immediately enter it in the control report. 20b)
(5) If the person concerned does not agree to the measure imposed, he may object to it, 20c) which shall be indicated in the control protocol or may submit it to the Authority in writing no later than five working days after the date on which the measure was notified. The objections submitted have no suspensory effect. The President of the Office shall take a decision on the objections made. A written copy of the decision on objections shall be served on the person checked and no appeal shall be admissible.
(6) Where the Authority has decided, on the basis of the results of the market withdrawal check referred to in Article 17 (4) (a) or the prohibition of further treatment pursuant to Article 17 (5) (c), the persons checked shall, within the time limit laid down in the decision, immediately take the necessary measures and report to the Authority within that time limit on those measures and their results.
20a) For example, Act No. 634 / 1992 Coll., as amended, Decree No. 313 / 2000 Coll., implementing certain provisions of Act No. 156 / 2000 Coll., on the Verification of Firearms, Ammo and Pyrotechnic Articles and amending Act No. 288 / 1995 Coll., on Firearms and Ammo (Firearms Act), as amended by Act No. 13 / 1998 Coll., and Act No. 368 / 1992 Coll., on Administrative Charges, as amended.
20b) Act No. 552 / 1991 Coll., on State Control, as amended.
20c) § 17 of Act No. 552 / 1991 Coll. '
(53) footnote 21) shall be deleted, including the reference to this footnote.
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Regulation Information
| Citation | Act No. 227 / 2003 Coll., amending Act No. 156 / 2000 Coll., on the Verification of Firearms, Ammunition and pyrotechnic articles and amending Act No. 288 / 1995 Coll., on Firearms and Ammunition (Firearms Act), as amended by Act No. 13 / 1998 Coll., and Act No. 368 / 1992 Coll., on Administrative Charges, as amended, as amended, and Act No. 119 / 2002 Coll., and Act No. 309 / 2002 Coll. |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 31.07.2003 |
|---|---|
| Effective from | 01.10.2003 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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