Decree No. 240 / 2006 Coll.
Decree amending Decree No. 298 / 2005 Coll., on requirements for professional qualifications and competence in mining or mining activities and amending certain legislation
Valid
Order
Effective from 15.06.2006
Text versions:
15.06.2006
31.05.2006
240
DECLARATION
of 12 May 2006
amending Decree No 298 / 2005 Coll., on requirements for professional qualifications and competence in mining or mining activities and amending certain legislation
The Czech Mining Authority determines, pursuant to § 5 (3) of Act No. 61 / 1988 Coll., on Mining Activities, Explosives and on State Mining Administration, as amended by Act No. 542 / 1991 Coll., and under § 29 (2) (e) and § 38 of Act No. 18 / 2004 Coll., on the Recognition of Professional Qualifications and Other Eligibility of Nationals of the Member States of the European Union and on the Amendment of Certain Acts (Act on the Recognition of Professional Qualifications):
Decree No 298 / 2005 Coll. is amended as follows:
1. in Article 1 (a), the words "(the regulated activity concerned)" shall be deleted and the words "in regulated activity" shall be replaced by the words "in mining or mining activities."
footnote 1 is deleted.
2. In Article 1 (d), the words "in the relevant regulated activity 'are deleted.
3. In Article 1, at the end of point (d), the dot is replaced by a comma and the following points (e) and (f) are added:
"(e) mining and underground works management - the process of creating or disposing of mining works in mining or underground works in mining activities (including stamping, strengthening, maintenance, rebuilding, setting up, securing and disposing of mining or underground works and mining of mineral deposits, hiding and mining cuts, drills),
(f) model documentation - a set of technical documents for the required professional competence, which ensure safety and health at work, safety of operation and required working conditions for mining or mining activities. ';
4. in Paragraph 2 (1) (a), (b) (2) (e) and (f), the words "in regulated activities" shall be replaced by "in mining or mining activities."
5. in Paragraph 2 (1) (b) (1) and (2) (c), (d) to (j), the words "in the relevant regulated activity" shall be replaced by the words "in the case of mining or mining activities."
6. in Paragraph 2 (1) (k), including footnote 8:
"(k) Technical Supervision 8) is a natural person appointed to control the performance of professional and safe activities of employees, compliance with technological regulations, regulations governing safety and health at work, safety of operations and working conditions. Technical supervision for the management of mining and underground works shall have a professional qualification in the range of at least secondary education with a graduate examination and professional experience in mining or mining activities for at least six months. Technical supervision for the performance of special activities (in particular machinery, electro, chemical, construction) must have at least a secondary education with a graduate examination in the relevant field.
8) § 7 of Decree No. 22 / 1989 Coll., on Safety and Health at Work and Safety at Operation in Mining Activities and Conquering Unreserved Minerals in Underground, as amended. § 6 of Decree No. 55 / 1996 Coll., on the requirements to ensure safety and health at work and safety of operations in the mining activity in the underground as amended. § 7 of Decree No. 239 / 1998 Coll., on safety and health at work and safety of operations in mining and treatment of oil and natural gas and in drilling and geophysical works and amending certain regulations to ensure safety and health at work and safety of operations in mining and mining activities, as amended. § 7 of Decree No. 26 / 1989 Coll., on safety and health at work and safety of operations in mining and mining activities on the surface, as amended. Section 7 of Decree No. 51 / 1989 Coll., on Safety and Health at Work and Safety of Operation in the Treatment and Processing of Minerals, as amended. '
footnote 9 is deleted.
7. in Article 2 (1), point (l) is deleted;
8. Paragraph 3 (2), including footnote 10, is deleted.
Paragraph 3 shall become paragraph 2.
9. in § 4 (k):
"(k) technical supervision for the management of mining and underground works,"
10. in Paragraph 4, at the end of point (l), the comma is replaced by a dot and point (m) is deleted;
11. in Paragraph 5 (2), "regulated activities" shall be replaced by "mining or mining activities."
12. in Article 5 (4):
"(4) The natural persons referred to in paragraphs 4 (a) to (i) with the application shall also submit a model documentation to obtain the required professional competence which they have established or participated in the processing of."
13. Paragraph 6 (1) and (2), including footnotes 11 and 12, are deleted and the designation of paragraph 3 is deleted.
14. Article 7, including the title, reads:
Verification of professional competence of organisations
(1) The professional competence of natural persons providing for the professional and safe exercise of mining activities or activities carried out in a mining manner shall be verified by an examination of an organisation for which they are in working or similar proportions, unless verified by the authorities of the State Mining Administration.
(2) The professional competence of natural persons providing technical supervision of the professional and safe performance of special activities, in particular electrical, mechanical, chemical, construction, testing of the organisation, in the organisation's mining or mining activities.
(3) Knowledge of the safety regulations for natural persons whose professional competence is verified by an organisation and natural persons who do not carry out repeated verification of professional competence shall be verified by examination before an organisation commission. The tests shall be repeated within three years of the previous test. ';
15.
Periodic tests
(1) Natural persons whose professional competence referred to in Sections 4 (a) to 4 (i) and 4 (l) is verified by the authorities of the State Mining Administration shall be subject to a repeated verification of professional competence (hereinafter referred to as "periodic examination") to the extent necessary for the performance of the activity.
(2) The periodical test shall be carried out within three years of the previous test.
(3) The periodical examination will be held before a committee appointed by the President of the Czech Mining Office. A request for a periodic examination shall be submitted to the competent authority of the State Mining Administration no later than 60 days before the expiry of the period referred to in paragraph 2.
(4) The periodical examination referred to in paragraph 2 may be repeated no more than once within the time limit set by the examination panel, only after a period of 3 months, but no later than 6 months, otherwise the certificate will expire (§ 6).
(5) An alert shall be made on the periodic test containing the particulars referred to in Section 5 (6). ';
16.
The recognition of professional qualifications, professional competence and other competence of nationals of Member States of the European Union and of certain nationals other than Member States for the exercise of the regulated activity concerned shall be carried out in accordance with special legislation14), as verified by the authorities of the State Mining Administration. ';
footnote 13 is deleted.
17. In Annex 1, point 4, the words "for the management of mining and underground works' shall be inserted after the words" technical surveillance '.
18. Annex No 2 is deleted.
Transitional provisions
1. The requirements of this decree set out for the competence of technical supervision for the management of mining and underground works shall be deemed to have been fulfilled by natural persons who carried out this activity on 1 August 2005, their professional competence has been verified in accordance with Decree No. 340 / 1992 Coll., on the qualification and competence requirements and on the verification of the professional competence of workers for mining activities and activities carried out in a mining manner and on the amendment of certain regulations issued by the Czech Mining Authority to ensure safety and health at work and safety of operations in mining activities and activities carried out in a mining manner, as amended, and after the date of entry into force of this decree, perform this function with the same organisation.
2. The professional competence of the race mine is also a right to perform the regulated activities referred to in § 4 (c) to (e), (i) and (k) of Decree No 298 / 2005 Coll., as amended by that decree. The professional competence of the factory quarry with annual mining of more than 500 000 tonnes also authorises the pursuit of the regulated activities referred to in § 4 (c) to (e) and (k) of Decree No 298 / 2005 Coll., as amended by that decree. The professional competence of the factory quarry with annual mining of less than 500 000 tonnes also authorises the exercise of the regulated activity referred to in § 4 (k) of Decree No 298 / 2005 Coll., as amended by that decree.
This Decree shall take effect on 15 June 2006.
Chairman:
Prof. JUDr. Makarius, CSc.
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Regulation Information
| Citation | Decree No. 240 / 2006 Coll., amending Decree No. 298 / 2005 Coll., on requirements for professional qualifications and competence in mining or mining activities and amending certain legislation |
|---|---|
| Regulation Type | Order |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 31.05.2006 |
|---|---|
| Effective from | 15.06.2006 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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