Government Decree No. 254 / 2006 Coll.

Government regulation on the control of dangerous substances

Valid Regulation Effective from 01.06.2006
254
GOVERNMENT REGULATION
of 24 May 2006
on the control of dangerous substances
The Government hereby orders pursuant to Article 34 (5) of Act No. 59 / 2006 Coll., on the prevention of major accidents caused by selected hazardous chemicals or chemical products and amending Act No. 258 / 2000 Coll., on the Protection of Public Health and on the amendment of certain related acts, as amended, and Act No. 320 / 2002 Coll., on the amendment and repeal of certain acts in connection with the cessation of the activities of district authorities, as amended, (Act on the Prevention of Major Accidents):
§ 1
This Regulation (1) implements the relevant European CommunitiesRegulation (2) and regulates the way the security programme and safety report are assessed, the content of the annual control plan, the content of the information on the control carried out and the content of the resulting control report.
§ 2
The Ministry of the Environment shall, in its opinion on the Security Programme and the Security Report, indicate:
(a) identification of the operator's premises or facilities;
(b) an assessment of the analysis and assessment of the risks of a major accident and its possible impacts;
(c) an assessment of preventive security measures and means to mitigate the possible consequences of a major accident;
(d) recommendations to supplement the security programme or the safety report, including proposals to focus the checks carried out.
§ 3
(1) The annual control plan includes the framework annual control plan and detailed procedures for each planned check for each operator. The framework annual control plan shall include:
(a) the list of operators of the premises or installations included in Group A or Group B for which the inspection will be carried out;
(b) the dates on which the check will be carried out;
(c) the list of regional authorities and integrated inspection bodies to carry out the inspection;
(d) the scope of monitoring compliance with general conditions for major accident prevention;
(e) the further focus of the control by type of activity in controlled objects or facilities.
(2) On the basis of the framework annual control plan, prepared in accordance with paragraph 1, the Czech Environmental Inspection Agency shall, in writing for each planned annual inspection, process a detailed procedure for each operator
(a) identification of the operator and of the premises or facilities used by him to be inspected;
(b) the name of the regional authority and bodies of the integrated inspection which will carry out the inspection together with the Czech environmental inspection;
(c) the name and surname of the manager and members of the control group, indicating their employer;
(d) an indication of whether this is the first inspection after the approval of the security programme and the safety report, or a repeated check;
(e) the focus of control, in particular on the possibility of domino effects, the possible consequences of a major cross-border accident, the implementation of the recommendations of the Ministry of the Environment pursuant to § 2, the removal of deficiencies identified during the previous inspection, the report on a major accident of a controlled object or plant, the use of experience resulting from major accidents of similar objects or installations, the state and manner of handling complaints, changes in the ownership of an object or plant, significant changes in the composition or number of employees of an operator, the timeliness and content of the update of a security programme or safety report and the assessment of the security report provided by the operator with regard to the degree of scientific and technical development achieved;
(f) the dates by which the check will be carried out.
§ 4
(1) Each inspection carried out shall, to the extent of their competence, be processed by the Regional Authority and by the authorities of the integrated inspection which carried out the inspection in writing, the particulars of which are set out in Annex 1 to this Regulation.
(2) The Czech environmental inspection will draw up in writing a final report on the inspection, the contents of which are set out in Annex 2 to this Regulation.
§ 5
This Regulation shall enter into force on 1 June 2006.
Prime Minister:
Ing. Paroubek v. r.
Minister of Environment:
RNDr. Ambrozek v. r.

Příloha č. 1

Annex No. 1 to Government Decree No. 254 / 2006 Coll.
Content details of information on the outcome of the check
1. Name and address of the Regional Authority or Integrated Inspection Authority which carried out the inspection.
2. The name and, where appropriate, the names of the staff member who carried out the inspection as a member of the control group under the responsibility of the Regional Authority or the Integrated Inspection Authority.
3. Identifying details of the operator and of the object or equipment used by him for which the inspection was carried out.
4. Name and functional classification of the person authorised by the operator to participate in the inspection.
5. A brief description of the operator's controlled object or equipment.
6. The result of the inspection in the scope of its subject matter and focus.
7. 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.
8. A description of the deficiencies identified when checking the operator's premises or facilities.
(9) A description of the deficiencies identified which have been remedied during the inspection.
10. Proposal for measures to remedy the deficiencies identified, including the setting of conditions and deadlines for its implementation.
11. Data relating to the initiation of the administrative procedure.
12. The signature of the member of the control group, the stamp of the administrative office whose staff member carried out the inspection, the date of the inspection and the date of the report. This does not apply to an electronically processed control report.

Příloha č. 2

Annex No 2 to Government Regulation No 254 / 2006 Coll.
Content of the final control report
1. Name and address of the Regional Office, Czech Environmental Inspection and Integrated Inspection Bodies that carried out the inspection.
2. Name, if any, and surname and employer of the manager and members of the control group who carried out the check.
3. Identifying details of the operator and of the object or equipment used by him for which the inspection was carried out.
4. Name and functional classification of the person authorised by the operator to participate in the inspection.
5. A brief description of the operator's controlled object or equipment.
6. The result of the inspection in the scope of its subject matter and focus.
7. 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.
8. A description of the deficiencies identified when checking the operator's premises or facilities.
(9) A description of the deficiencies identified which have been remedied during the inspection.
10. Proposal for measures to remedy the deficiencies identified, including the setting of conditions and deadlines for its implementation.
11. Data relating to the initiation of the administrative procedure.
12. The operator's comments on the results of the check and any proposal to impose measures to remedy the deficiencies identified.
13. Signature of the head of the control group, stamp of the Czech Environmental Inspection Office, name or names, and surname and function of the person authorised by the operator to participate in the inspection and date of completion of the report.
1) It is issued on the basis and within the limits of the law in which the relevant directive of the European Communities has already been reflected.
2) Council Directive 96 / 82 / EC on the control of major-accident hazards involving dangerous substances, as amended by Directive 2003 / 105 / EC of the European Parliament and of the Council.

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Regulation Information

CitationGovernment Regulation No. 254 / 2006 Coll., on the Control of Dangerous Substances
Regulation TypeRegulation
Author-
CollectionCode of Laws
Date of Promulgation31.05.2006
Effective from01.06.2006
Effective until-
Status Valid
The regulation text is for informational purposes only.
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