Act No. 229 / 2013 Coll.
Act on the treatment of certain items used for defence and security purposes in the Czech Republic (Act on the management of safety material)
Valid
Law
Effective from 01.01.2014
229
THE LAW
of 20 June 2013
on the handling of safety material
Parliament has decided on this law of the Czech Republic:
Subject matter
(1) This Act regulates the handling of security material and the competence of the Ministry of Defence, the Ministry of Interior and the Police of the Czech Republic (hereinafter the "police ') in this field, unless another law or international treaty, which is part of the legal system, provides otherwise.
(2) This law does not apply to security material handled by an exempted public body under the Arms and Ammo Act.
Safety material
(1) The safety material is the items referred to in paragraphs 2 and 3 which, due to their characteristic technical and structural characteristics, are considered to be designed or adapted for use in the armed forces or in the security corps, or are widely used in these components to ensure the defence and security of the State. Security material shall be classified into important security material and military security material.
(2) Significant safety material includes:
(a) electronic countermeasures equipment and protection against them, which are equipment for sending fault and error signals to radar or radio communications receivers or for any other interference with the reception, operation or effectiveness of enemy electronic receivers, including jamming and counter-jamming equipment;
(b) cameras and electrooptical imaging equipment and equipment for unmanned aerial vehicles; and
(c) systems and sub-systems of missile control and guidance and special components necessary for their operation.
(3) Military security material includes:
(a) combat and special vehicles and their essential parts without weapons systems or with inactive weapons under the Arms and Ammo Act, to which the Treaty on Conventional Armed Forces in Europe applies,
1. combat tanks, combat armoured vehicles including infantry combat vehicles, armoured transporters and heavy-duty combat vehicles and artillery systems incorporating cannons and howitzers, mortars, rocket launchers and systems joining their characteristics; and
2. bridge tanks and other armoured combat vehicles derived from infantry combat vehicles and armoured transporters with special superstructure or equipped with weapons or equipment for laying mines or firing ammunition; and
(b) aeroplanes and helicopters and their essential parts to which the Treaty on Conventional Armed Forces in Europe applies, and military unmanned vehicles without weapons systems or with inactive weapons, under the arms and ammunition law covering:
1. combat aeroplanes and helicopters including impact helicopters, combat support helicopters and unarmed helicopters and training aeroplanes; and
2. military unmanned aeroplanes or helicopters.
(4) Not considered as safety material
(a) the equipment and its components referred to in paragraph 2, if they have become permanently and irreversibly unfit for defence or military purposes; or
(b) combat and special-purpose vehicles, aeroplanes and helicopters referred to in paragraph 3 on which adjustments have been made under the Protocol on procedures for the reduction of conventional equipment and techniques limited by the Treaty on conventional forces in Europe; These modifications are assessed by the Ministry of Defence.
(5) In doubt whether the case is
(a) significant security material, by decision of the Ministry of the Interior; or
(b) military security material, decided by the Ministry of Defence.
Handling of safety material
(1) Handling of safety material means the acquisition of ownership, possession, purchase, sale, lending, development, production, repair, modification, storage, transport, destruction or brokering of security material.
(2) A natural person who is fully independent, mature and has a place of residence in the Czech Republic, or a legal person with a registered office or plant in the Czech Republic, is entitled to dispose of the safety material. In the course of business, only the holder of a state licence to operate a business in the field of security material, which has its registered office, fissile plant or place of residence in the Czech Republic, is entitled to dispose of security material.
(3) Person handling significant safety material
(a) keep an appropriate record of the relevant safety material referred to in Article 9 in order to ensure the availability of such data;
(b) ensure significant safety material in a manner appropriate to its nature and local conditions;
(c) submit significant security material, including relevant documents, at the request of the Ministry of the Interior or the police; and
(d) may not transfer significant security material to a person who may not dispose of it pursuant to paragraph 1.
(4) Person handling military security material
(a) immediately notify the Ministry of Defence in writing of the acquisition and disposal of ownership, location, purpose of disposal, loss or destruction of military security material; the notification shall indicate, to the extent specified in Section 9, its identification data and data identifying the specific piece of military security material to which the notification relates;
(b) ensure military security material in a manner appropriate to its nature and local conditions;
(c) submit military security material, including relevant documents, for inspection by the Ministry of Defence or foreign inspection teams accompanied by a soldier or a civil servant or an employee included in the Ministry of Defence;
(d) maintain and make available to the Ministry of Defence a record of military security material pursuant to Section 9;
(e) notify the Ministry of Defence in writing no later than 10 working days in advance that it intends to destroy military security material, date, place and manner of destruction and the specific type and quantity of such military security material; and
(f) may not transfer military security material to a person who is not allowed to dispose of it pursuant to paragraph 1; such legal proceedings shall be void and the court shall take into account its own motion.
Safety material records
(1) The content of the security material registration is:
(a) where the person handling the security material is a natural person, his name and, where applicable, his name, surname, surname, date and place of birth, address of the place of permanent residence or residence and birth number, if any, and the person's identification number, if any, if any, if any, if the natural person is involved;
(b) where the person handling the security material is a legal person, its name or business name, its legal form, the address of the registered office and the identification number of the person, if assigned,
(c) identification details of each piece of safety material and, where available, the name, serial number, chassis number, body number, barrel number, body or carrier number, type and engine number, if any, or any other number or mark enabling the relevant piece to be identified accurately;
(d) the identification of the permanent location of the security material, of the military security material, of the entry from the control of its destruction carried out by the Ministry of Defence or by a foreign inspection team accompanied by a soldier or a civil servant or an employee included in the Ministry of Defence, or other data and information required by specific legislation or international treaties which form part of the legal order (12); and
(e) the identification details referred to in (a) or (b) of the persons from whom the security material was obtained or to whom it was transferred or transferred.
(2) The person handling the security material shall keep the register of the security material for at least 10 years from the end of the calendar year in which the security material was transferred to another person, lost or destroyed. In the event of the disappearance of a legal person, the insolvency administrator or the liquidator shall transmit the record of:
(a) significant security material to the Ministry of the Interior; or
(b) military security material to the Ministry of Defence.
Military security inventory
(1) The Ministry of Defence shall, in carrying out its tasks under this Act, keep an inventory containing data to the extent provided for in Section 9 on military security material and persons handling it.
(2) The information referred to in paragraph 1 shall be kept in the military security inventory for 10 years from the date of demonstrable destruction of the military security material to which it relates.
Performance of state administration
State administration in matters relating to the handling of safety material under this law
(a) the Ministry of Defence, if it is military security material; or
b) Ministry of Interior and Police, if it is important security material.
Control
(1) Control 13)
(a) the Ministry of Defence, if it is military security material; or
b) Ministry of Interior and Police, if it is important security material.
(2) The powers of control of the physical and recorded status of military security material are, to the extent that they arise from the Convention on the Conventional Armed Forces in Europe, as well as the foreign inspection teams, accompanied by a soldier or a civil servant or an employee included in the Ministry of Defence.
Transfers
(1) The person handling the safety material shall commit an offence if he or she infringes any of the obligations under Section 6.
(2) A penalty of up to 500 000 CZK may be imposed for an offence.
Common provisions
Transfers under this law shall be dealt with by the supervisory authority responsible for carrying out the checks referred to in Article 15 (1).
Transitional provisions
(1) Persons who, at the date of entry into force of this Act, dispose of security material shall be required to apply for registration by the competent police department within 6 months of the date of entry into force of this Act.
(2) Any person handling security material of Group 5 or 6 on the date of entry into force of this Act shall ensure that he or she or the statutory authority or members of the statutory body, members of the Supervisory Board or of another supervisory authority, procurers and responsible representatives, if provided for, apply within 6 months of the date of entry into force of this Act for the issue of a document on the security of a natural person under the law governing the protection of classified information, if it is no longer its holder.
(3) Proceedings initiated before the date of entry into force of this Act and pending by that date shall be completed in accordance with existing legislation.
Repeal
The following shall be deleted:
1. Part of the First Act No. 310 / 2006 Coll., on the treatment of certain items used for defence and security purposes in the Czech Republic and on the amendment of some other laws (Act on the Management of Security Material).
2. Part 100th Fourth Act No. 296 / 2007 Coll., amending Act No. 182 / 2006 Coll., on Decrease and Methods of Solutions (Insolvency Act), as amended, and certain laws relating to its adoption.
3. Part 11 of Act No. 274 / 2008 Coll., amending certain laws in connection with the adoption of the Law on the Police of the Czech Republic.
4. Act No. 156 / 2009 Coll., amending Act No. 310 / 2006 Coll., on the Treatment of Certain Things Usable for Defence and Security Purposes in the Czech Republic and on the Amendment of Certain Other Acts (Act on the Management of Security Material), as amended.
5. Part of the 186th Act No. 227 / 2009 Coll., amending certain laws in connection with the adoption of the Law on Basic Registers.
6. Part of the 177th Act No. 281 / 2009 Coll., amending certain laws in connection with the adoption of the Tax Code.
7. Part 42nd Act No. 420 / 2011 Coll., on the amendment of certain laws in connection with the adoption of and proceedings against the Criminal Liability Act.
Efficacy
This Law shall enter into force on 1 January 2014.
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Rusnok v. r.
1) For example, Act No. 119 / 2002 Coll., on firearms and ammunition (Law on Weapons), as amended, Treaty on Conventional Armed Forces in Europe, published under No. 94 / 2003 Coll.
2) Act No. 38 / 1994 Coll., on Foreign Trade in Military Material and on the Addition of Act No. 455 / 1991 Coll., on Business Business (Trade Act), as amended, and Act No. 140 / 1961 Coll., Criminal Act, as amended, as amended.
3) Act No. 219 / 1999 Coll., on the Armed Forces of the Czech Republic, as amended.
4) Act No. 361 / 2003 Coll., on the service ratio of members of the Security Corps, as amended.
5) 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 fees, as amended, as amended.
12) For example, 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 Act), as amended, and Act No. 140 / 1961 Coll., Criminal Act, as amended, Act No. 305 / 1999 Coll., on Prohibition of Use, Storage, Transfer and Destruction of Anti-Infantry Mines and on Their Destruction, and on Amendment to Act No. 140 / 1961 Coll., as amended, as amended.
13) Act No. 255 / 2012 Coll., on Control (Control Regulations).
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Regulation Information
| Citation | Act No. 229 / 2013 Coll., on the Treatment of Certain Goods Useable for Defence and Security Purposes in the Czech Republic (Act on the Management of Security Material) |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 02.08.2013 |
|---|---|
| Effective from | 01.01.2014 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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