Decree No. 229 / 2015 Coll.
Order on the method of processing the draft annual control plan and details of the content of the information on the outcome of the check and the control report
Valid
Effective from 01.10.2015
229
DECLARATION
of 24 August 2015
on the way in which the draft annual control plan and the details of the content of the information on the outcome of the check and the control report are prepared
According to Article 54 (1) of 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 fees, as amended, (Act on the Prevention of Major Accidents) ("the Act ') for the implementation of Sections 40 (8) and 41 (5) of the Act:
Subject matter
This decree implements the relevant European UnionRegulation (1) and provides for
(a) the way in which the draft annual control plan is prepared, the way in which the deadlines for carrying out the checks are determined, the criteria for assessing the results of the systematic assessment of major accident hazards and the procedure for discussing and approving the draft annual control plan;
(b) details of the content of the information on the outcome of the inspection, its structure and the way in which it is presented to the Czech Environmental Inspection Office; and
(c) the details of the content of the control report, its structure and the manner in which it is processed.
Preparation of the draft annual control plan
(K § 40 (8) of the Act)
(1) The Czech environmental inspection will prepare the draft annual control plan in accordance with the procedure described in Annex 1 to this Decree.
(2) In the draft annual control plan, the Czech environmental inspection will set out the dates at which the inspection will be carried out for each operator of the premises.
(3) Where the Czech Environmental Inspection Centre processes the draft annual control plan on the basis of a systematic assessment of major accident hazards by individual operators, the draft annual control plan shall also list the objects for which such assessment has been carried out and the result of that assessment. The criteria for assessing the results of the systematic assessment of major accident hazards are set out in Annex 2 to this Regulation.
Information on the outcome of the check
[Paragraph 41 (5) (a) of the Law]
(1) The elements of the content of the information on the outcome of the inspection and its structure are set out in Annex 3 to this decree.
(2) The Regional Authority and the authorities of the integrated inspection that carried out the inspection will deliver information on the outcome of the inspection to the Czech environmental inspection within 30 days of the date of the last inspection.
Control report
[K § 41 (5) (b) of the Act]
The report on the inspection of the Czech Environmental Inspection Office summarises the results of the checks carried out as they result from information on the outcome of the checks carried out by the Regional Authority and the integrated inspection authorities. The details of the content of the control report and its structure are set out in Annex 4 to this decree.
Efficacy
This Decree shall take effect on 1 October 2015.
Minister:
Mgr. Brabec v. r.
Příloha č. 1
Annex No 1 to Decree No. 229 / 2015 Coll.
Procedure for the preparation of the draft annual control plan
1. Processing
1.1. The draft annual control plan shall be drawn up in a table.
1.2. The elements of the content of the annual control plan referred to in Article 40 (2) (b), (c), (e) and (f) of the Act shall be processed in the form of annexes to this table.
2. Proposal for deadlines for checks
2.1. The preparation of the control plan shall be based on the frequency of checks carried out on individual operators referred to in Section 40 (3) of the Act, adjusted where appropriate on the basis of the results of the systematic assessment of major accident hazards under Section 40 (4) of the Act.
2.2. Where deficiencies or infringements of the law have been detected during the previous check or a major accident has occurred in the building since the previous check, the control interval may be reduced.
2.3. If, during one check, the inspection of all facilities cannot be carried out for large-scale objects, the inspection shall be focused in detail on their part, a specific technical or technological unit, as determined in the annual control plan.
3. Negotiating the control plan
3.1. The Regional Inspectorate shall draw up a draft annual control plan for the following calendar year by 31 August of the calendar year. The Regional Inspectorate shall discuss this proposal with the competent regional authority and integrated inspection bodies.
3.2. The Regional Inspectorate shall send a draft annual control plan for the following calendar year, with the comments of the Regional Authority and the Integrated Inspection Authorities of the Czech Environment Inspection Headquarters by 30 September of the calendar year.
4. Approval of the draft annual control plan
4.1. The head office of the Czech Environmental Inspection Centre will prepare the draft annual control plan for the following calendar year on the basis of the annual control plans sent by regional inspectors and send it to the Ministry by 31 October of the calendar year.
4.2. The headquarters of the Czech Environmental Inspection Centre shall inform the Regional Inspectorate of the approval of the draft annual inspection plan and the local competent regional authorities and integrated inspection bodies by 30 November of the calendar year.
Příloha č. 2
Annex No 2 to Decree No. 229 / 2015 Coll.
Assessment criteria for the results of the systematic assessment of major accident hazards
Příloha č. 3
Annex No. 3 to Decree No. 229 / 2015 Coll.
Details of the content of the information on the outcome of the check and its structure
1. Place and date of inspection.
2. Name and address of the control authority which carried out the inspection.
3. Name, surname and number of the service cards of the persons responsible for carrying out the inspection.
4. Identifying details of the operator and the object used by him in which the inspection was carried out.
5. Name, surname and function of the person authorised by the operator to participate in the inspection.
6. Persons invited to be checked.
7. Subject matter of control.
8. A brief description of the controlled object.
9. The result of the check on compliance with any previously imposed measures to remedy the deficiencies identified, including those imposed after a major accident, if any.
10. Result of control in the scope of its subject and focus.
11. A description of the deficiencies identified which have been remedied during the inspection.
12. A description of the deficiencies identified which have not been remedied during the inspection.
13. Proposal for measures to remedy the deficiencies identified, including the setting of conditions and deadlines for its implementation.
14. Data relating to the initiation of the administrative procedure.
15. Control findings.
16. Date of preparation of the information on the result of the check.
(17) Signature of the person who carried out the check, or, where appropriate, of the head of the control group, or stamp of the inspection authority.
Příloha č. 4
Annex No. 4 to Decree No. 229 / 2015 Coll.
Details of the content of the control report and its structure
1. Place and date of inspection.
2. Name and address of the control authorities which carried out the inspection.
3. Names, surnames and service pass numbers of persons responsible for carrying out the inspection.
4. Identifying details of the operator and the object used by him in which the inspection was carried out.
5. Name, surname and function of the person authorised by the operator to participate in the inspection.
6. Persons invited to be checked.
7. Subject matter of control.
8. A brief description of the controlled object.
9. The result of the check on compliance with any previously imposed measures to remedy the deficiencies identified, including those imposed after a major accident, if any.
10. Result of control in the scope of its subject and focus.
11. A description of the deficiencies identified which have been remedied during the inspection.
12. A description of the deficiencies identified which have not been remedied during the inspection.
13. Proposal for measures to remedy the deficiencies identified, including the setting of conditions and deadlines for its implementation.
14. Data relating to the initiation of the administrative procedure.
15. Control findings.
16. The operator's comments on the results of the check.
17. Date of completion of the inspection report.
18. Signature of the person who carried out the inspection, or the head of the control group, stamp of the Czech Environmental Inspection Office.
1) Directive 2012 / 18 / EU of the European Parliament and of the Council of 4 July 2012 on the control of major-accident hazards involving dangerous substances and amending and subsequently repealing Council Directive 96 / 82 / EC.
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Regulation Information
| Citation | Decree No. 229 / 2015 Coll., on the method of processing the draft annual control plan and details of the content of the information on the outcome of the inspection and the report on the inspection |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 11.09.2015 |
|---|---|
| Effective from | 01.10.2015 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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