Act No. 229 / 2016 Coll.
Act amending Act No. 119 / 2002 Coll., on firearms and ammunition (Act on Weapons), as amended, and other related laws
Valid
Law
Effective from 01.08.2017
229
THE LAW
of 15 June 2016
amending Act No. 119 / 2002 Coll., on firearms and ammunition (Law on Weapons), as amended, and other related laws
Parliament has decided on this law of the Czech Republic:
Amendment of the Fire Protection Act
Act No. 133 / 1985 Coll., on fire protection, as amended by Act No. 425 / 1990 Coll., Act No. 40 / 1994 Coll., Act No. 203 / 1994 Coll., Act No. 163 / 1998 Coll., Act No. 71 / 2000 Coll., Act No. 237 / 2000 Coll., Act No. 320 / 2002 Coll., Act No. 413 / 2005 Coll., Act No. 186 / 2006 Coll., Act No. 267 / 2006 Coll., Act No. 281 / 2009 Coll., Act No. 341 / 2011 Coll., Act No. 350 / 2011 Coll., Act No. 350 / 2012 Coll., Act No. 303 / 2013 Coll., Legislative Act No. 344 / 2013 Coll., Act No. 64 / 2014 Coll., Act No. 320 / 2015 Coll., is amended as follows:
1. Sections 6a and 6b, including the headings, read:
Assessment of fire hazard
(1) Legal persons and natural persons engaged may engage in high fire risk activities provided that the authority of the State fire surveillance approves the assessment of the fire hazard.
(2) The assessment of the fire hazard shall include:
(a) a description and assessment of the risks with regard to the possibility of fire and the spread of fire and threats to persons, animals and property;
(b) an assessment of the possibility of carrying out rescue work and the effective disposal of the fire, including a description of its possible consequences;
(c) a fire protection management system; and
(d) proposals for measures to reduce the risk of fire being created and spread and threats to persons, animals and property, proposals for emergency work and proposals for measures to be taken to eliminate fire effectively, including the setting of deadlines for their execution.
(3) The legal person and the undertaking natural person shall submit an assessment of the fire hazard processed by the person referred to in Article 11 (1) in 2 copies for approval by the State Fire Surveillance Authority.
(4) In the absence of deficiencies in the assessment of the fire risk, the Authority shall approve the assessment of the fire risk.
(5) If the State Fire Supervision Authority finds that the submitted fire hazard assessment shows material deficiencies for which it cannot be approved, it shall return them to the petitioner, indicating the deficiencies identified, and at the same time setting a reasonable time limit for the re-submission of the re-assessment following the removal of the identified deficiencies. The procedure may be interrupted for a period fixed for the removal of deficiencies and re-submission.
(6) If the promoter fails to address the deficiencies within the time limit set in accordance with paragraph 5, the State fire surveillance authority shall take a decision not to approve the assessment of the fire hazard.
(7) Before a change in an activity that affects the content of an approved fire hazard assessment, a legal person or an undertaking shall submit to the State Fire Supervision Authority for approval, supplemented or, in view of the extent of the change, the necessary new fire hazard assessment. Until the material submitted has been approved, changes in the activity carried out may not be made.
(8) Changes in the volume of annual production shall not justify the submission of a re-assessment of the fire hazard if this is approved solely for the activity referred to in Paragraph 4 (3) (b).
Documentation of firefighting
(1) Legal persons and natural persons engaged may carry out a high fire hazard activity or an increased fire hazard activity for which there are no normal conditions of intervention, provided that the State Fire Supervision Authority approves the fire control documentation.
(2) The fire-fighting documentation shall include an operational fire-fighting plan and an operational fire-fighting card covering the principles of rapid and effective fire-fighting and rescue of persons, animals and property.
(3) The legal person and the undertaking natural person shall submit documentation of the firefighting operation by the person referred to in Article 11 (1) or (2) in two copies for approval by the State Fire Surveillance Authority.
(4) If the authority of the State fire surveillance does not find deficiencies in the firefighting documentation, it shall approve the firefighting documentation.
(5) If the State Fire Supervision Authority finds that the documentation submitted shows material deficiencies for which it cannot be approved, it shall return it to the petitioner, indicating the deficiencies identified and setting a reasonable time limit for re-submission following the removal of the deficiencies found. The procedure may be interrupted for a period fixed for the removal of deficiencies and re-submission.
(6) If the promoter fails to address the deficiencies within the time limit set in accordance with paragraph 5, the State Fire Supervision Authority shall take a decision not to approve the fire-fighting documentation.
(7) Before a change in an activity which affects the content of approved fire fighting documentation, a legal person or an undertaking natural person shall submit for approval to the State Fire Supervision Authority a new fire fighting documentation. No changes in the operational activity may be made until the documentation submitted has been approved.
(8) Paragraphs 1 to 7 shall also apply where the processing of fire-fighting documentation provides for fire protection documentation. ';
2. The following Section 6c is inserted after Section 6b:
Implementing legislation provides for:
(a) the values of the random fire load for the purpose of classifying activities by fire hazard;
(b) defining complex conditions for intervention;
(c) the quantity, types and manner of fitting-out of the premises of legal persons and business natural persons by means of means of fire protection and fire safety equipment, as well as their design, installation, operation, inspection, maintenance and repair requirements;
(d) types of dedicated fire equipment, means of fire protection and fire safety equipment;
(e) the method of creating conditions for extinguishing fire and rescue operations;
(f) time limits and manner of carrying out checks on compliance with fire protection regulations;
(g) the procedure for the provision of products and samples to the State Fire Supervision Authority for carrying out fire-related technical expertise in order to determine the causes of the fire;
(h) the method of determining the conditions for fire safety in activities with increased fire risk and high fire risk; and
(i) the way in which the fire hazard is assessed. ';
3. In the first sentence of Article 11 (1), the words "Paragraph 6a (1)," shall be deleted.
4. in Paragraph 31 (1) (e):
'(e) by approving the assessment of the fire hazard and the approval of the fire fighting documentation,';
5. in Paragraph 76 (2), point (a) shall be deleted;
Points (b) to (s) shall be renumbered as points (a) to (q).
6. In Paragraph 76 (2) (f), the word "fixed 'is replaced by" or the time limit laid down'.
7. § 76c reads:
(1) A fine of up to 10 000 000 CZK shall be imposed on a legal person or an undertaking operating a high fire hazard activity without an agreed fire hazard assessment or a change affecting the content of an approved fire hazard assessment, contrary to § 6a (7).
(2) A legal person or a natural person operating an activity with a high fire hazard or an activity with an increased fire hazard for which there are no normal conditions for intervention, without the approval of the fire-fighting documentation or an amendment affecting the content of the approved fire-fighting documentation, shall be imposed up to CZK 10 000 000. '
8. The following Section 76d is inserted after Section 76c:
A fine under § 76a to 76c is imposed by the Fire Department of the Region. In order to determine the amount of the fine, it shall take account in particular of the gravity and duration of the infringement. ';
9. In Paragraph 77, at the end of paragraph 1, the sentence "The period during which criminal proceedings have taken place shall not be taken into account."
10. Paragraph 77 (2) is deleted. At the same time, the designation of paragraph 1 shall be deleted.
11. in Paragraph 79 (2), the words "and to be selected" shall be deleted.
12.
(1) In the case of:
(a) the security corps department or facilities of the relevant security corps;
(b) military object, military unit, military equipment, military rescue or legal entity, founded or set up by the Ministry of Defence of the Ministry of Defence;
(c) the establishment, installation, work or activities in the underground area falling within the competence of the State Mining Authority of the Czech Mining Authority;
(d) seagoing ships and civil aircraft of the Ministry of Transport;
(e) the railway vehicle or river vessel, the Ministry of Transport, except for the detection of the causes of the fires; or
f) Object of the Ministry of Foreign Affairs located outside the Czech Republic Ministry of Foreign Affairs.
(2) Special fire surveillance shall be carried out to the extent set out in Section 31, with the exception of paragraph 1 (d). Special fire surveillance shall be treated in a similar manner to the State fire surveillance.
(3) The authority carrying out the special fire surveillance shall decide on administrative delicacies pursuant to Sections 76 and 76c established in the exercise of such supervision by a legal or commercial natural person, with the exception of Section 76 (4).
(4) Before a change in ownership or transfer of the right to farm by which responsibility for the exercise of supervision over state fire surveillance is transferred, the authority carrying out the special fire surveillance shall notify the competent fire department of the county and shall subsequently notify it without undue delay of the date on which the event occurred. In the event of a change in ownership or transfer of the right to farm by which responsibility for carrying out special fire surveillance on behalf of another authority is delegated, the authority carrying out the special fire surveillance shall notify the district fire brigade of this fact and shall subsequently notify it without undue delay of the date on which that fact occurred and who shall carry out the special fire surveillance from that date.
(5) Special fire surveillance may be carried out by persons with competence in accordance with Article 11 (1). "
13. Article 85a is deleted.
14. in Article 101 (a), "§ 6b" is replaced by "§ 6c";
Transitional provisions
1. The assessment of the fire hazard approved prior to the date of entry into force of this Act shall be deemed to have been approved under Section 6a of Act No. 133 / 1985 Coll., as effective from the date of entry into force of this Act.
2. Documentation of firefighting approved before the date of entry into force of this Act shall be deemed to have been approved pursuant to Section 6b of Act No. 133 / 1985 Coll., as effective from the date of entry into force of this Act.
3. The administration of the payment of fines imposed before the date of entry into force of this Act shall be governed by existing legislation.
Amendment of the Trade Act
Act No. 1 / 2006, Act No. 1 / 2006, Act No. 1 / 2006, Act No. 5 / 2006, Act No. 5 / 2006, Act No. 5 / 2006, Act No. 5 / 2006, Act No. 6 / 2006, Act No. 6 / 1999, Act No. 6 / 1999, Act No. 6 / 1999, Act No. 6 / 1996 Coll.
1. In Annex 3 to CONCESSIVE LIFE for the subject-matter "Research, development, production, destruction, disposal, processing, purchase and sale of explosives and the execution of shredding works', the first column of the text reads:
"Research, development, production, destruction, purchase, sale and storage of explosives and ammunition, processing and disposal of explosives, degradation and delaboration of ammunition and the execution of explosive works'.
2. In Annex 3 to CONCESTED LIFE for the subject-matter "Research, development, production, destruction, purchase, sale and storage of explosives and ammunition, processing and disposal of explosives, destruction and delaboration of ammunition and execution of shredding works', in the second column, the text reads:
"for research, development, production and processing of explosives and research, development and production of ammunition:
higher education in the study programme and in the field of technical science or technology;
for the destruction and disposal of explosives:
pyrotechnics approval *);
for the purchase, sale and storage of explosives:
(a) the approval of the pyrotechnician or marksman (*); or
(b) the approval of the technical leader of the shots *);
for the degradation, destruction and delaboration of ammunition:
(a) minimum secondary education with a degree in education with technical focus and approval of pyrotechnician *),
(b) the certificate of professional competence of the applicant for the issue of a pyrotechnic survey certificate * *) and 3 years of experience in the field; or
(c) a certificate of competence of the applicant for the issue of a higher ammunition licence * *) and 5 years of experience in the field;
for the purchase, sale and storage of ammunition:
(a) a minimum secondary education with a degree in education with a technical, economic, military or police focus;
(b) the certificate of professional competence of the applicant for the issue of a pyrotechnic survey certificate * *) and 3 years of experience in the field; or
(c) a certificate of competence of the applicant for the issue of a higher ammunition licence * *) and 5 years of experience in the field;
for carrying out shredding works:
(a) the authorisation of the gunman (*); or
(b) the authorisation of the technical leader of the shots *) ';
3. In Annex 3 to the CONCESTED LIFE for the subject-matter "Research, development, production, destruction, purchase, sale and storage of explosives and ammunition, processing and disposal of explosives, degradation and delaboration of ammunition and execution of shredding works', the third column of the text reads:
"the reliability of the entrepreneur or statutory body or members of the statutory body * * *);
research, development, production, degradation, destruction, delaboration, purchase, sale and storage of ammunition may be operated only at the premises indicated in the ammunition licence * * *) '.
4. In Annex 3 to CONCESTED LIFE for the subject-matter "Research, development, production, destruction, purchase, sale and storage of explosives and ammunition, processing and disposal of explosives, degradation and delaboration of ammunition and execution of shredding works', the fourth column of the text reads:
"for research, development, production, processing, destruction, disposal, purchase, sale and storage of explosives by the Czech Mining Authority * * * * *)."
5. In Annex 3 TO CONCESTED LIFE for the subject-matter of "Research, development, production, destruction, purchase, sale and storage of explosives and ammunition, processing and disposal of explosives, degradation and delaboration of ammunition and execution of shredding works', in the fifth column, the text reads:
"*) § 35 and 36 of Act No. 61 / 1988 Coll., on Mining Activities, Explosives and State Mining Administration, as amended
* *) § 70f of Act No. 119 / 2002 Coll., on firearms and ammunition (Act on Weapons), as amended by Act No. 229 / 2016 Coll.
* * *) § 1 paragraph 5 of Act No. 451 / 1991 Coll., laying down certain additional conditions for the performance of certain functions in the state bodies and organizations of the Czech and Slovak Federal Republic, Czech Republic and Slovak Republic
* * * *) § 70i of Act No. 119 / 2002 Coll., as amended by Act No. 229 / 2016 Coll.
* * * * *) § 23 of Act No. 61 / 1988 Coll., as amended. "
6. In Annex 3 TO CONCESTED LIFE for the subject-matter of "Implementation of pyrotechnic research ', in the second column, the text reads:
'(a) the approval of a pyrotechnician (*) issued by the Circular Mining Authority; or
(b) the certificate of professional competence of the applicant for the issue of a pyrotechnic survey licence * *) ';
7. In Annex 3 TO CONCESTED LIFE for the subject-matter of the pyrotechnic survey, the word "authority * 'in the third column is replaced by" authority * * *'.
8. In Annex 3 TO CONCESTED LIFE for the subject matter of the pyrotechnic survey, in the fifth column, the text reads:
"*) § 35 and 36 of Act No. 61 / 1988 Coll., as amended
* *) § 70f of Act No. 119 / 2002 Coll., as amended by Act No. 229 / 2016 Coll.
* * *) § 1 paragraph 5 of Act No. 451 / 1991 Coll. '
Transitional provisions
1. An entrepreneur authorised on the date of entry into force of this Act to carry out research, development, production, degradation, destruction, delaboration, storage, purchase, sale and storage of ammunition may continue that activity for a period of 6 months from the date of entry into force of this Act. If it intends to continue to operate these activities even after the expiry of the period specified in the first sentence, it shall apply for a concession or amendment to the decision granting the concession and provide evidence required under Act No. 455 / 1991 Coll., as effective from the date of entry into force of this Act, unless it is available from previous proceedings. If an application is submitted within 6 months of the date of entry into force of this Law, it may continue to operate the business until the date of the acquisition of the legal authority of the decision granting the concession or amending the decision granting the concession or rejecting the application for the concession. If he does not do so within the prescribed time limit, his business licence to carry on the activity shall cease to exist on the expiry of the last day of that period.
2. Proceedings initiated under Act No. 455 / 1991 Coll., as effective before the date of entry into force of the Act, shall be completed under Act No. 455 / 1991 Coll., as effective from the date of entry into force of the Act.
3. The acceptance of an application for a concession or an amendment to the award decision referred to in point 1 shall not be subject to an administrative charge.
Amendment of the Administrative Charges Act
Act No. 100 / 2009, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2008, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2008, Act No. 100 / 2008, Act No. 100 / 2008, Act No. 2011, Act No. 100 / 2008, Act No. 100, Act No. 2011, Act No. 100, Act No. 2011, Act No. 100, Act No. 2011, Act No. 100, Act No. 2011, Act No. 2011, Act No. 2011, Act No. 2011, Act No. 2011, Act No. 2011, No. 2011, No. 2011, No. 2011, No. 2011, No. 2011, No. 2011, Act No. 2011, Act No. 2011, Act No. 2011, No. 2011, Act No. 2011, No. 2011, Act No. 31 / 2015 / 2015, Act No. 13 / 2015, Act No. 13 / 2013, Act No. 13 / 2013, Act No. 13 / 2013, Act No. 13 / 2013, Act No. 13 / 2013, Act No. 13 / 2013, Act No. 13 / 2013, Act No. 13 / 2013, Act No. 13 / 2013, Act No. 13 / 2013, Act No. 13 / 2013, Act No. 13 / 2013 Coll., Act No. 11 / 2013 Coll.
1. in entry 30, the following points (f) and (g) are added:
| „f) Přijetí žádosti o vydání muničního průkazu za každý druh muničního průkazu | Kč | 700 |
| g) Přijetí žádosti o vydání muniční licence za každý druh muniční licence | Kč | 1 500“. |
2. In entry 30 of the "or (c) 'in point 1," (c) or (f)',
3. In entry 30 of the "or (c) 'in point 2, the words", (c) or (g)' are replaced by ", (c) or (g) '.
4. In entry 30, in point 3, the words "or ammunition licence 'shall be inserted after the words" new arms licence' and the words "or ammunition licence 'shall be added at the end of the text of the point.
5. in entry 30, in the section Empowerment in point 4, the word "association 'is replaced by" associations';
6. in entry 30 in the part of the Notes in point 1, the words ", (f) and (g) 'shall be inserted after the words" (c)';
7. in entry 30 in the part of the Notes in point 2, the words "or ammunition 'are inserted after the word" card'.
8. In item 31, points (b) to (d) read:
| „b) Přijetí žádosti o vydání povolení k provozování střelnice na dobu neurčitou, střelnice pro munici, trhací jámy pro ničení munice nebo zvláštního zařízení pro odpalování, střelbu nebo ničení munice | Kč | 1 500 |
| c) Přijetí žádosti o vydání povolení ke znehodnocení, zničení nebo výrobě řezu zbraně za každou zbraň nebo za všechny hlavní části jedné zbraně, je-li o povolení znehodnocení, zničení nebo výrobu řezu těchto hlavních částí zbraně podána žádost současně | Kč | 1 000 |
| d) Přijetí přihlášky ke zkoušce odborné způsobilosti žadatele o vydání zbrojního průkazu nebo muničního průkazu | Kč | 100“. |
9. in entry 31, the following part of "Empowerment 'is added:
"Empowerment
The Administrative Office may reduce the fee referred to in point (c) of this item to CZK 300 for each weapon, if the arms of a natural person seeking authorisation to degrade, destroy or produce the cutting of the weapon in which he holds, after the expiry of his or her gun licence or arms accompanying certificate for the permanent export of a weapon or ammunition or in other cases where the natural person is required to comply with § 64 of the Arms Act, or if he or she submits an application for the improper technical condition of the weapon. The administrative office may reduce the fee referred to in point (c) to CZK 300 to the holder of the arms licence for the main parts of a single weapon if the reason is the request for the destruction, destruction or manufacture of the cut of those essential parts of the weapon in connection with the repair or modification of a category A, B or C weapon. '
10. In entry 33 (b), the words "or an application for a single document authorising the transport of ammunition 'shall be inserted after the word" ammunition'.
11. In entry 33 (c), the words "or applications for authorisation to carry ammunition 'shall be inserted after the words" ammunition'.
Amendment to the Act on the Management of Safety Material
In Article 2 (1) (b) of Act No. 229 / 2013 Coll., on the treatment of certain items usable for defence and security purposes in the Czech Republic (Law on the Management of Security Material), the words "or military ammunition including ammunition for weapons' are deleted.
Amendment of the pyrotechnic Act
Act No. 206 / 2015 Coll., on pyrotechnic articles and on the treatment and modification of certain laws (pyrotechnic Act) is amended as follows:
1. in Paragraph 2 (2) (g), the words' including ammunition 'shall be replaced by' and ammunition ';
2. In Paragraph 38, the following paragraph 5 is added:
"(5) The costs of providing professional training of CZK 10,000 shall be borne by the applicant for a certificate of professional competence for handling the Office's pyrotechnic articles. The applicant shall provide proof of payment of the costs at the start of the training. Submission of proof of payment of costs is a prerequisite for professional training. ';
EFFECTIVE
This Law shall take effect on the first day of the thirteenth calendar month following its publication, with the exception of Article I, points 22, 25 to 27, 33, 40 to 43, 61, 62, 66, 71, 83, 103, as regards Article 73a (9), 116, 117, 121, 124, 126, 127, 129, 130, 132 and 140 and Article IX, which shall take effect on the 15th day following its publication.
Hamlet v. r.
Zeman v. r.
Sobotka v. r.
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Regulation Information
| Citation | Act No. 229 / 2016 Coll., amending Act No. 119 / 2002 Coll., on firearms and ammunition (Act on Weapons), as amended, and other related laws |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 22.07.2016 |
|---|---|
| Effective from | 01.08.2017 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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