Act No. 242 / 2008 Coll.
Act amending Act No. 561 / 2004 Coll., on Pre-School, Basic, Medium, Higher Vocational and Other Education (Education Act), as amended
Valid
Effective from 04.07.2008
Text versions:
01.09.2009
04.07.2008
242
THE LAW
of 4 June 2008
amending Act No 561 / 2004 Coll., on pre-school, primary, secondary, higher vocational and other education (Education Act), as amended
Parliament has decided on this law of the Czech Republic:
Amendment of the Education Act
Act No. 561 / 2004 Coll., on pre-school, primary, secondary, higher vocational and other education (Education Act), as amended by Act No. 383 / 2005 Coll., Act No. 112 / 2006 Coll., Act No. 158 / 2006 Coll., Act No. 161 / 2006 Coll., Act No. 165 / 2006 Coll., Act No. 179 / 2006 Coll., Act No. 342 / 2006 Coll., Act No. 624 / 2006 Coll., Act No. 217 / 2007 Coll., Act No. 296 / 2007 Coll., Act No. 343 / 2007 Coll., and Act No. 58 / 2008 Coll., is amended as follows:
1. In Paragraph 73, the words "skills and attitudes' are replaced by the words" and skills'.
2. Paragraph 78, including the title, reads:
Common part of the graduation exam
(1) The experimental subjects of the common part of the graduation examination are:
(a) Czech language and literature,
(b) the foreign language chosen by the pupil from the tender provided for in the implementing legislation; the pupil may choose only a foreign language which is taught at the school to which he is a pupil,
(c) mathematics,
(d) the civil and social background;
(e) informatics; and
(f) articles provided for in the implementing legislation as test articles for optional tests.
(2) The common part of the graduation examination consists of three compulsory tests, namely tests on the test subjects referred to in paragraph 1 (a) and (b) and one of the test subjects referred to in paragraph 1 (c) to (e). Within the common part of the graduation examination, a pupil may continue to take up to 3 optional examinations, from the test subjects referred to in paragraph 1 (f). A pupil may not perform an optional examination of the test subject from which he performs the compulsory examination.
(3) For each compulsory examination, the pupil has the right to choose either the basic level of difficulty or the higher level of difficulty of the test subject within the time limit set by the implementing legislation. The chosen level of difficulty of the test subjects of the compulsory test as well as the selected test subjects of the optional test shall be indicated in the application in accordance with Paragraph 81 (1). The school is responsible for preparing the pupil for examinations at least at the basic level of difficulty in all test subjects from which compulsory examinations can be held.
(4) Testing of the test subject Czech language and literature and testing of the test subject Foreign language consist of partial tests conducted
(a) by means of a didactic test;
(b) written work; and
(c) oral before the Trial Graduate Committee.
(5) Tests on test subjects referred to in paragraph 1 (c) to (f) shall take the form of a didactic test. For the purposes of this Act, a didactic test means a written test which is uniformly entered and centrally evaluated, in accordance with the criteria laid down in the implementing legislation.
(6) The school director may, in accordance with the framework training programme and the school training programme of the relevant field of education:
(a) decide from which test subject, as referred to in paragraph 1 (c) to (e), pupils shall perform a compulsory examination; or
(b) identify the test subjects referred to in paragraph 1 (c) to (e) from which pupils may choose the test subject from which they shall perform the compulsory examination.
(7) The Director of the School shall publish the decision referred to in paragraph 6 in a publicly accessible place at the School and in a way that allows remote access, no later than 3 months before the deadline for submitting the application for secondary school education referred to in Article 60 (3), by those candidates concerned by the latter. If the Director does not publish his decision in the manner and within the time limit specified in the first sentence, the student shall have the right to choose from the test subjects referred to in paragraph 1 (c) to (e). ';
3. The following Section 78a is inserted after Section 78:
(1) The scope of the knowledge and skills that can be verified by the examination of the common part of the graduation examination is set out in the catalogues of the requirements of the common part of the graduation examination (hereinafter referred to as the "catalogue") for the relevant test subject and the level of difficulty of the examination. The Ministry shall publish the catalogues no later than 24 months before the date of the tests in a way that allows remote access.
(2) The examinations and sub-tests of the common part of the graduation examination in the form of a didactic test and written work are private. Attendance is permitted for pupils performing an examination, a teaching staff responsible for the function of the test sponsor (hereinafter referred to as "the contracting authority '), a school graduation commissioner (hereinafter referred to as" the Commissioner'), a school director and school inspectors of the Czech School Inspection.
(3) The subtests of the common part of the oral graduation exam are public.
(4) The student takes a common part of the graduation exam in due course at the school of which he is a pupil. The replacement and repair examination shall be held at the school established by the Centre for the Survey of the Results of Education (hereinafter referred to as the Centre), with the exception of the part of the oral examination held by the pupil at the school in which he was to perform or perform the graduation examination in due course.
(5) Prior to each of the examinations of the joint part of the graduation exam, the student shall submit his photo identity card to the contracting authority or to the chairman of the probationary graduation committee. Non-submission of an identity card or reasonable doubt as to the identity of the student submitting it may constitute grounds for not allowing the pupil to be tested. The reasons for not allowing the pupil to be tested shall be recorded by the contracting authority or by the chairman of the Trial Graduation Board in the Trial Report.
(6) The pupil shall successfully perform a common part of the final exam if he successfully performs all compulsory examinations, which shall consist of a common part of the final examination. '
4. Paragraph 79 (1) to (3) reads as follows:
"(1) The profile part of the graduation exam consists of 2 or 3 compulsory examinations. The number of compulsory examinations for the field of education shall be determined by the framework training programme. In schools and classes with the language of the national minority, one of the compulsory examinations is the examination of the language of the national minority.
(2) In addition, the pupil may take up a maximum of 2 optional examinations within the profile part of the graduation examination. The student may choose optional examinations from an offer set by the school director. The optional tests selected shall be indicated in the application pursuant to Paragraph 81 (1).
(3) The school director shall determine, in accordance with the implementing legislation, the offer of compulsory and optional examinations under the framework and school curriculum, including the form, subjects and dates of such examinations, and publish this decision in a publicly accessible place at the school and in a way that allows remote access, no later than 12 months before the first test of the profile part of the graduation exam. ';
5. In Paragraph 79 (4), the words "the profile part of the graduation examination 'shall be inserted after the words" the examinations'.
6. In Paragraph 79 (5), the words "and the oral examinations referred to in paragraph 4 (a) and (b) 'are replaced by the words" in paragraph 4 (a) and the oral examinations referred to in paragraph 4 (b)'.
7. Paragraph 79 (6) is deleted.
Paragraphs 7 to 9 shall be renumbered paragraphs 6 to 8.
8. Paragraph 79 (6) reads as follows:
"(6) The profile part of the graduation examination shall be public, except for examinations conducted in the form of a written examination and the examination committee's deliberations on the evaluation of the pupil; tests conducted in the form of practical examinations shall be non-public in cases where this is necessary for the protection of health, safety of work and for the protection of the patient's privacy in the field of health. ';
9. In Paragraph 79 (7), the second sentence is deleted.
10. Paragraph 80, including the title and footnotes No 25 and 25a, reads as follows:
Graduate examination bodies
(1) The Ministry is responsible for the preparation and methodological management of the course of the joint part of the graduation examination, for the keeping of registration of applications and records of the results of the graduation examinations. The Ministry determines the content of the examinations of the common part of the graduation exam, for which it issues and publishes catalogues. The Ministry is the administrator of 25) the register of pupils enrolled for the graduation exam and the results of the graduation examinations. The register shall contain, for the purposes of identifying the pupil, the student's birth number and, if no birth number has been assigned, the student's name and surname and the date and place of birth.
(2) The Ministry establishes the Centre as an organisational component of the State. The center is an entity.
(3) Centre
(a) prepare catalogues and enumeration of the common part of the graduation examination;
(b) ensure the production of tests for the common part of the graduation examination and their distribution to schools;
(c) the award of the examination of a common part of the graduation examination or parts thereof shall be deemed to be publicly unavailable;
(d) ensure the processing and central evaluation of the results of the common part of the examination, with the exception of the part-examinations carried out in writing and oral form;
(e) provide training for pedagogical staff appointed by the school director for training for the performance of the duties of contracting authority, commissioner or evaluator;
(f) ensure that tests are carried out to verify the knowledge of the legislation governing the organisation, content and conduct of the graduation examination;
(g) issue a certificate of competence for the performance of the duties of contracting authority, commissioner or evaluator to educational staff who have passed the examination referred to in (f);
(h) appoint a Commissioner;
(i) it is a processor of 25a) the register referred to in paragraph 1;
(j) is the maintain25) register of teaching staff authorised to perform the duties of Commissioner, contracting authority and evaluator; the register also contains the birth numbers of the pedagogical staff, and if the birth number was not assigned, the name and surname and the date and place of birth.
(4) On a proposal from the school director, the Regional Office will appoint the Chairpersons of the Examination Grades.
(5) In particular, the School Director
(a) be responsible for ensuring the conditions for the proper conduct of the school graduation exam;
(b) appoint contracting entities and evaluators for the common part of the graduation examination;
(c) appoint the other members of the examination committee, except its chairman; and
(d) propose pedagogical staff who should undertake training for the performance of the functions of contracting authority, commissioner or evaluator as referred to in paragraph 3 (e).
25) § 4 (j) of Act No. 101 / 2000 Coll.
25a) § 4 (k) of Act No. 101 / 2000 Coll. '.
11. the following Sections 80a and 80b are inserted after Section 80:
(1) The oral sub-exam and the profile part of the graduation exam shall be held before the examination committee. The Trial Graduation Board is appointed for each class and field of education or for several classes if pupils are trained in the same field of education. In the case of a joint oral examination, the evaluator shall also be a member of the examination committee. An expert from practice, from a university or higher vocational school, may also be appointed as a member of the examination committee. Paragraph 74 (6) to (10) shall apply mutatis mutandis to the Examination Graduation Board.
(2) The Chairman of the Trial Graduate Board shall ensure the proper conduct of the part of the Trial Trial Trial held before the Trial Trial Trial Board at the School.
(3) The Commissioner ensures the proper conduct of the common part of the school graduation exam, with the exception of the oral part-examinations.
(4) The contracting authority shall ensure the proper conduct of the tests of the common part of the graduation examination in the classroom, except for the part-examinations held orally. The contracting authority shall enter the examinations of the common part of the graduation examination, except for the part of the oral examinations. The contracting authority shall be entitled to exclude the pupil from the examination if the pupil has seriously or repeatedly infringed the rules for carrying out such tests or otherwise seriously impeded the conduct of the tests; excluding a pupil from the test shall be decided by the contracting authority immediately. The reasons for the exclusion of the pupil shall be recorded by the contracting authority in the senior exam report.
(5) The evaluator assesses the sub-examinations of the common part of the graduation examination in writing.
(6) The Commissioner, the evaluator and the contracting entity for the subject may be appointed only if, in accordance with the Education Labour Act (2), he fulfils the conditions for the performance of the activities of the pedagogical staff, fulfils the professional qualifications laid down for the performance of the duties in question in the implementing legislation and holds a valid certificate of competence for the performance of the duties in question, issued by the Centre.
Information not publicly available and obligation to maintain confidentiality
(1) The award of the common part of the examination and any part thereof shall be made publicly inaccessible from the moment the Centre identifies them as such until it is published in accordance with the procedure laid down in the implementing legislation.
(2) The Centre shall take the necessary measures to ensure that information identified as publicly accessible is made available only to persons who are entitled to make known to them.
(3) The staff of the Centre, as well as other natural persons who come into contact with information which is not publicly accessible, are obliged to maintain confidentiality of such information and not to allow access to that information to unauthorised persons.
(4) The Centre's staff may be relieved only by the Head of the Centre, in the case of the Centre's Head and other natural persons, by the Minister. ';
12. In Paragraph 81 (1), the second sentence is replaced by the following: "The school director shall ensure the transmission of data from the Centre's applications, including the pupils' birth numbers, and if the student's birth number has not been assigned, the name and surname of the pupil and the date and place of birth. '
13. in Paragraph 81 (2):
"(2) In the event that the pupil has passed the compulsory examination of the common part or the profile part of the graduation examination unsuccessfully, he or she may take the corrective test no more than twice from each test. In the event that the pupil has passed an unsuccessfully optional test, the correction test shall not take place. The pupil may perform a joint examination of the graduation exam at a level of difficulty other than that at which he performed the examination in due course. If the student does not show up for the examination and duly excuse his absence within 3 working days of the date of the examination, he shall be entitled to take a replacement examination within the time limit laid down by the implementing legislation. Failure to comply with the time limit may in serious cases be waived by the school director. The performance of the replacement test shall be without prejudice to the right of the pupil to perform the repair test. ';
14. In Paragraph 81 (6), the words "or previous legislation 'are inserted after the words" under this law' and the second sentence is deleted.
15. In Paragraph 81, the following paragraph 7 is inserted after paragraph 6:
"(7) Pupils are entitled to five free teaching days to prepare for the completion of the graduation examination, within the deadline set by the school director. '
Paragraphs 7 to 10 shall be renumbered paragraphs 8 to 11.
16. In Paragraph 81 (8), the words "from the Czech language 'are replaced by the words" from the test subject Czech language and literature'.
17. in Paragraph 81 (9), the words "from the Czech language" are replaced by the words "from the test subject Czech language and literature."
18.Paragraph 81 (11) reads as follows:
"(11) The Ministry provides for an implementing act
(a) the dates, form, course rules and the method and criteria for the assessment of the common part of the graduation examination, the course rules and the method and criteria for the evaluation of the profile part of the graduation examination, the rules for entering and evaluating didactic tests; the supply of foreign languages and the offer of optional test subjects of the common part of the senior exam, the rules for determining the offer of the profile part of the senior examination, including the form, topics and periods of such examinations, the dates for selecting the level of difficulty of the common part of the senior examination, the dates and rules for carrying out the repair and replacement examination, the dates and rules for repeating the part of the joint part of the senior examination in writing;
(b) the procedure and dates for preparing the examination of the common part of the graduation examination, the method of marking the examination of the common part or part thereof for information which is not publicly accessible and the publication procedure, the range of persons authorised to acquaint themselves with information in the public domain, the rules for the preparation, organisation and management of the common part and the profile part of the graduation examination, the conditions for their conduct and the evaluation of the results, the detailed definition of the activities of the bodies and natural persons carrying out the examination, the identification of the subjects for which the teaching must be a qualified contracting authority, the evaluator or the Commissioner, the content and form of the certificate to perform the function of the contracting authority, the evaluation committee and the number, the selection and appointment of its members and the rules and the deadlines for the appointment of the chairperson of the examination committees, the commissioners and evaluators;
(c) more detailed rules on the content, form, manner and dates of filing of the application for a graduation, replacement or repair test, the content, terms, form and manner of transmission of data from those applications, the scope, content, manner and form of keeping records pursuant to Article 80 (1) and (3), the manner in which the data are to be transmitted to those records, the method of data protection contained therein and the formalities for the graduation protocols and their processing and publication;
(d) the conditions and manner in which pupils with disabilities, medical handicaps and foreigners are to have their exams in the language of a national minority. "
19. Paragraph 82 (1) to (3) reads as follows:
"(1) Everyone who acted
(a) final examination,
(b) the profile part of the graduation exam; or
(c) a partial examination of the joint part of the examination in writing and oral form;
or has been excluded from such tests, may request in writing the Regional Authority to review the course and outcome of the test or the decision to exclude it, within 8 days of the date on which it was notified of the result of the test or the decision to exclude it.
(2) The Regional Authority shall decide on the application referred to in paragraph 1 within 30 days of its receipt by changing the test result or cancelling and ordering a repeat test if it finds that there have been infringements of the legislation or other serious deficiencies which may have had an impact on the proper course or test result. Otherwise, the test result shall be confirmed. The Czech School Inspections and the Centre, in carrying out the tasks referred to in Section 80 (3), provide the Regional Authority with synergies in the examination of the application. The re-examination, with the exception of the partial examination of the common part of the graduation examination in writing, shall take place no later than 15 days after the date of the decision, before the examination committee appointed by the Regional Office. Repeating the partial examination of the common part of the graduation examination in writing shall take place as soon as possible, as provided for in the implementing legislation.
(3) Anyone who has carried out a joint examination of the graduation examination, with the exception of a partial examination in writing and oral form, may apply in writing to the Ministry within 5 days of the date on which the result of the examination was notified or the decision on exclusion from the examination was notified to him, the examination of the outcome of that examination or the examination of the decision on exclusion from the examination. The Ministry shall send the applicant a written notification of the outcome of the examination no later than 10 days after the date of receipt of the application. ';
20. Paragraph 113 to 113b, including the headings and footnotes 26a, read:
Individual test
(1) In the course of continuing education, any person who has obtained at least basic education and is not a student of a secondary school may, under the conditions laid down in paragraphs 2 to 7 in a secondary or higher vocational school, take an individual examination which corresponds to the final examination, discharge, the profile part of the final examination of the relevant test subject or the common part of the examination of the relevant test subject, carried out at the school.
(2) Individual examination may be carried out on the basis of an application submitted by:
(a) to the Head of the Centre if the tenderer intends to conduct an individual examination corresponding to the content and form of the common part of the graduation examination;
(b) the principal of the school referred to in paragraph 1 in other cases; The principal of the school shall inform the applicant in writing no later than 20 days after receipt of the application whether the required examination can be carried out.
The application shall contain the applicant's birth number, if any, or the date and place of birth.
(3) For the holding, organisation, course and evaluation of individual tests corresponding to their content and form
(a) the provisions of this law governing the final examination shall apply mutatis mutandis;
(b) discharge, the provisions of this Act governing discharge shall apply mutatis mutandis;
(c) the final examination, the provisions of this Law governing the final examination shall apply mutatis mutandis, except:
1. Appointment of the President of the Examination Graduate Committee; the chair shall be appointed by the Head of the Centre in the cases referred to in paragraph 2 (a), in the cases referred to in paragraph 2 (b), the Director of the School or the Director authorised by the pedagogical staff;
2. the dates of the individual examination which, in accordance with the implementing legislation, shall be determined and published in the cases referred to in paragraph 2 (b). (a) The Centre and, in the cases referred to in paragraph 2 (b), the school director.
(4) The individual examination referred to in paragraph 2 (a) shall take place at a school designated by the Centre. Before carrying out an individual examination, the applicant shall demonstrate with the school director an identity card with a photograph. Non-submission of an identity card or reasonable doubt as to the identity of the tenderer submitting it may constitute grounds for not allowing the tenderer to be tested.
(5) In the case of a practical examination in vocational training or in the course of a final examination or of a final examination in the form of a practical examination, the condition of an individual examination referred to in paragraph 1 shall be that the practical course is completed within the scope of the framework training programme. The Director of the School may, in part or in full, forgive the completion of practical training if the applicant demonstrates appropriate practice in the activity covered by the practical course.
(6) The Centre and, in the cases referred to in paragraph 2 (b), the school director shall inform the candidate of the outcome of the individual examination within 20 working days of the date of the examination.
(7) If the candidate fails to perform a single test, the test may be repeated no more than twice, at the earliest at the end of 1 year after the previous examination. The application shall be submitted in accordance with paragraph 2.
(8) A certificate of each test issued in the cases referred to in paragraph 2 (a) shall be evidence of successful completion of the individual test. (a) the Centre and, in the cases referred to in paragraph 2 (b), the School. The successful completion of an individual examination shall not give rise to a degree of education and, in the case of an individual examination of the medical field of education or to the competence of the medical profession.
(1) The performance of individual examinations shall be granted for remuneration, which, in the case of § 113 (2) (a), is the income of the State Budget, in other cases, the income of the legal person performing the school's activities. The legal person operating a school in which the examination referred to in Article 113 (2) (a) has been carried out shall be entitled to the grant of funds from the State Budget equivalent to the proportion of the remuneration of the examination provided for in the implementing legislation.
(2) The Ministry shall, by implementing legislation, lay down the rules on the determination and publication of the dates of the individual examination, the form, content and dates of the application for the individual examination, the form and content of the documentation and the certificate of completion of the individual examination, as well as the highest possible remuneration for the examination provided for in Article 113 (2) (a), the highest possible remuneration for the examination provided for in Article 113 (2) (b), held at a school established by the State, the county, the municipality or the municipality, and the proportion of the payment for the examination for the purposes of providing the State budget to a legal person operating in accordance with the second sentence of paragraph 1.
Recognition of further education and partial education
(1) A certificate of qualification issued under special legislation 26a) shall be considered as evidence of prior training for the purposes of Section 63.
(2) A certificate of semi-qualification, issued under the special legislature26a), shall be considered as proof of a pupil's partial education for the purposes of Paragraph 70.
26a) Act No. 179 / 2006 Coll., on the verification and recognition of the results of continuing education and on the amendment of certain laws (Act on the Recognition of the Results of Continuing Education), as amended. '.
21. In Article 113c, at the end of the text of paragraph 1, the sentence "In the case of partial oral examinations and tests of the common part of the final examination, the pupil shall take the examination at the dates laid down in the implementing legislation."
22. the following Article 113d is inserted after Article 113c:
The degree of education may be obtained without prior education in a secondary or higher vocational school after successful completion of examinations of all subjects or other comprehensive sections of the school set up by the Framework and School Education Programme or an accredited curriculum of the relevant field of education for all years of education and successful completion of the final examination, final examination or discharge under this Act. '.
23. In Article 172 (5), the words "unless the appointment of the chair of the Examination Graduation Board and the review of the course and outcome of the partial examination in writing and oral form are not taken after the words" graduation examinations, "shall be inserted after the words" unless the appointment of the President of the Examination Graduation Board is made, "
24. Article 176 shall be deleted;
25. the following part 18 is inserted after Part 17:
TRANSFERS
(1) A natural person commits an offence by:
(a) as a person who has come into contact with information which is not publicly accessible, infringes the obligation of confidentiality of information which is not publicly accessible pursuant to Article 80b (3);
(b) as the person responsible for taking or fulfilling the measures to remedy deficiencies identified in the inspection activity referred to in Article 174 (2) (b), (c) and (d) within the time limit laid down by the Czech School Inspection Office, it shall not take or fail to take such measures.
(2) A fine of up to 500 000 CZK may be imposed for the offence referred to in paragraph 1 (a). A fine of up to 50 000 CZK may be imposed for the offence referred to in paragraph 1 (b).
(3) The transfers referred to in paragraph 1 (a) shall be discussed at first instance by the Ministry.
(4) The transfers referred to in paragraph 1 (b) shall be discussed at first instance by the Czech School Inspectorate. Fines for these offences are collected and enforced by the Czech School Inspectorate. '
Parts 18 and 19 shall be renumbered as Parts 19 and 20.
Transitional provisions
1. The examination provided for in § 78 (1) (c) to (e) of Act No. 561 / 2004 Coll., as effective from 1 September 2009, shall be carried out by the pupil for the first time in calendar year 2012, namely the student who is due to complete secondary education through the graduate examination in the school year 2011 / 2012, and by the student who was due to complete secondary education through the school year 2009 / 2010 and 2010 / 2011, provided that for the first time a common part of the graduate examination in calendar year 2012.
2. A pupil who is due to complete secondary education through a graduate examination in the school year 2009 / 2010 or 2010 / 2011 may take the place of a foreign language examination in accordance with § 78 (1) (b) of Act No. 561 / 2004 Coll., as effective from 1 September 2009, a mathematics examination in accordance with § 78 (1) (c) of Act No. 561 / 2004 Coll., as effective from the date of entry into force of Article 78 (1) of the Act. I point 2 of this law.
3. Paragraph 78 (2) of Act No 561 / 2004 Coll., as effective from 1 September 2009, shall apply from 1 September 2011.
4. For the performance of the graduation exam in the school year 2009 / 2010, the catalogues of the examination requirements of the common part of the graduation exam issued under the current legislation are effective.
5. In accordance with Section 185 (1) of Act No. 561 / 2004 Coll., the school director shall determine the number of compulsory examinations of the profile part of the graduation exam in accordance with the first sentence of the Act No. 561 / 2004 Coll., as effective from the date of entry into force of the Act.
Efficacy
This law shall take effect on the day of its publication, with the exception of the provisions of Article 5 (1) (a) and (b). I (2) to (9), (10) as regards § 80 (3) and (4), (11) as regards § 80a, (12) to (17) and (19) as regards § 82 (3), which take effect on 1 September 2009.
Wolf
Klaus v. r.
Topolánek v. r.
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Regulation Information
| Citation | Act No. 242 / 2008 Coll., amending Act No. 561 / 2004 Coll., on pre-school, primary, secondary, higher vocational and other education (Education Act), as amended |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 04.07.2008 |
|---|---|
| Effective from | 04.07.2008 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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