Act No. 259 / 2014 Coll.
Act on explosives precursors and amending Act No. 634 / 2004 Coll., on Administrative Charges, as amended (Act on explosives precursors)
Valid
Law
Effective from 04.12.2014
259
THE LAW
of 22 October 2014
on explosives precursors and amending Act No. 634 / 2004 Coll., on Administrative Charges, as amended (Act on explosives precursors)
Parliament has decided on this law of the Czech Republic:
EXPLOSIVE PRECIOUS
Subject matter
(1) This Act regulates, following the directly applicable European Union1), the conditions for the placing on the market and use of explosives precursors (hereinafter referred to as "the Regulation"), the rights and obligations for making explosives precursors available and imported (hereinafter referred to as "making available"), their possession, use and their authorisation (2), registration (3) and notification4).
(2) This law shall not apply to substances and articles referred to in Article 2 (2) of the Regulation.
Access, possession and use of restricted explosives precursors
(1) Explosive precursors subject to restrictions may be made available to and used only by the general public (5).
(a) the authorisation referred to in Articles 4 (2) and 7 of the Regulation; or
(b) registration in the cases referred to in Article 4 (3) of the Regulation.
(2) Restricted explosives precursors may also be offered via the Internet, provided that:
(a) measures shall be taken to ensure that they are made available only to members of the general public who hold a valid permit, provided that such access is subject to authorisation; or
(b) the registration referred to in Article 6 (1) (c) shall be ensured where their making available is subject to registration.
(3) Economic subject6), which allows access to explosives precursors subject to Internet restrictions, is obliged to inform the general public before making them available
(a) prohibiting the making available of such goods without authorisation, provided that their making available is subject to authorisation; or
(b) the fact that disclosure is subject to registration where such disclosure is subject to registration.
(4) The provisions of paragraphs 2 and 3 shall apply mutatis mutandis to the making available of consignments.
(5) Explosive precursors subject to restrictions shall not be made available to members of the general public under 18 years of age; in the case of such persons, no authorisation or registration of the transaction may be granted.
Application for authorisation
An application for authorisation pursuant to Articles 4 (2) and 7 of the Regulation (hereinafter referred to as "authorisation ') may be lodged by a person from the general public at the Regional Mining Office. The application shall contain, in addition to the general requirements laid down in the administrative rules:
(a) the name or names of explosives precursors subject to restriction for which authorisation is sought;
(b) the purpose for which restricted explosives precursors are to be used; and
(c) a justification for using the required precursor.
Authorisation decision
(1) The authorisation is decided by the District Mining Authority. Before issuing a permit, the District Mining Office shall request a binding opinion from the Regional Directorate of the Police of the Czech Republic, responsible for the location of the person from the general public who requests the authorisation. The Regional Directorate of the Police of the Czech Republic shall, without undue delay, send its opinion to the Regional Mining Authority, which shall be issued in public order and security, taking into account the credibility of the applicant and the purpose for which the explosives precursors subject to restrictions are to be used. If they do not agree to an authorisation, they shall state the reasons for their disagreement. If the binding opinion of the Regional Mining Authority is not delivered within 60 days of the date of receipt of the request to the Regional Directorate of the Police of the Czech Republic, the Regional Directorate of the Police of the Czech Republic agrees to the authorisation. The decision on authorisation will also be sent by the District Mining Office to the Czech Mining Office.
(2) In the event of a dissent binding opinion from the Regional Directorate of the Police of the Czech Republic, the District Mining Office will reject the application. The decision to reject the application will also be sent to the Czech Mining Office.
(3) The authorisation is valid for 3 years from the acquisition of legal power and is non-transferable. The authorisation shall specify, in addition to the general requirements of the decisions laid down in the Administrative Rules, the name or names of the explosives precursors subject to restrictions and the purpose for which the explosives precursors subject to restrictions are to be used, and, where appropriate, other conditions in terms of public policy and security where the Regional Directorate provides for these conditions in its consent opinion.
(4) The holder of the authorisation shall, without undue delay, but not later than 60 days, notify the district mining office which issued the authorisation of any material change in the facts under which the authorisation was issued.
Termination and withdrawal of authorisation
(1) The validity of the authorisation shall expire 3 years after the acquisition of legal power or the death of its holder.
(2) The district mining office shall withdraw the authorisation issued if:
(a) was granted on the basis of false data,
(b) one of the conditions laid down in the authorisation is not complied with; or
(c) there has been a substantial change in one of the facts under which the authorisation was issued.
(3) The decision to withdraw the authorisation is also sent to the Czech Mining Authority.
Obligations of economic operators and persons from the general public
(1) An economic operator making explosives precursors subject to restrictions available to members of the general public shall:
(a) ensure compliance with the obligations referred to in Article 5 of the Regulation;
(b) verify, pursuant to Article 4 (6) and (7) of the Regulation, the validity of authorisations, except for explosives precursors subject to registration;
(c) to register the transaction in accordance with Article 8 of the Regulation;
(d) to register any access to precursors subject to restrictions to members of the general public made on the basis of an authorisation, including the authorisation number and identity card of the general public; Paragraph 8 shall apply mutatis mutandis; and
(e) issue to the general public a document of registration of the transaction.
(2) A member of the general public is required to submit to the economic operator before acquiring precursors subject to restrictions
(a) identity card and permit; or
(b) in the case of explosives precursors subject to registration in accordance with Article 4 (3) of the Regulation, allow registration of the transaction by providing the data referred to in Article 8 (2) of the Regulation.
(3) Where a member of the general public fails to comply with the obligations referred to in paragraph 2, the operator shall not make explosives precursors available to him.
(4) The operator is obliged to notify the Czech Mining Authority of any introduction of a new product type containing restricted explosives precursors to the market of the Czech Republic, including its chemical composition and trade name.
(5) An economic operator who makes available on the market substances and mixtures listed in the Annexes to the Regulation is obliged to notify the Czech Mining Authority and the Police of the Czech Republic without delay
(a) a suspected transaction (7) pursuant to Article 9 (1) of the Regulation or an attempted transaction;
(b) significant loss or theft of explosives precursors pursuant to Article 9 (4) of the Regulation.
(6) Where precursors subject to restrictions are made available on the basis of an authorisation, the operator shall record on the reverse of the authorisation.
(7) A member of the general public shall keep the document referred to in paragraph 1 (e) for 5 years.
Unlabelled products
A control authority which finds that the packaging of a product containing explosives precursors subject to restrictions is not visibly indicated that the handling of such a product is possible either on the basis of a valid authorisation or on the basis of a registration shall be obliged to notify the district mining authority without delay.
Registration of registered transactions
(1) The administrator of the transaction log registered under Article 6 (1) (c) is an economic operator who makes explosives precursors subject to restrictions available to members of the general public.
(2) The records referred to in paragraph 1 are non-public; the administrator ensures the protection of data kept in the records and provides data from the records on request of the Czech Trade Inspection Office, the authorities of the State Mining Administration, the Police of the Czech Republic and the intelligence services.
(3) The operator shall process the data to the extent and in the manner provided for in Article 8 (2) to (4) of the Regulation.
Contact point and record of information on explosives precursors
(1) The Czech Mining Authority is, within the meaning of Article 9 (2) of the Regulation, the point of contact to which the operator is obliged to transmit information pursuant to Article 6 (5).
(2) The Czech Mining Authority keeps a central record of information on explosives precursors. This register shall not be public and shall contain information on:
(a) suspicious transactions and attempted transactions;
(b) refused applications for authorisation;
(c) authorisations issued;
(d) decisions to withdraw the authorisation; and
(e) significant losses or theft of explosives precursors listed in Annexes I or II to the Regulation.
(3) The revised data referred to in paragraph 2 are provided by the Czech Mining Office to other public authorities, if this is necessary for the performance of a particular task in the provision of
(a) the security of the Czech Republic,
(b) defence of the Czech Republic,
(c) public policy and internal security; or
(d) preventing, searching, detecting and prosecuting crime.
Performance of state administration
(1) The State Administration pursuant to this Act shall:
(a) district mining authorities;
(b) the Czech Mining Office,
(c) Czech Trade Inspection.
(2) District Mining Offices
(a) decide on applications for authorisation and decide on its withdrawal in the cases provided for by this law;
(b) carry out checks on the basis of notifications submitted pursuant to Article 7.
(3) Czech Mining Authority
(a) perform the tasks of the contact point, including the keeping of suspicious transaction records;
(b) carry out the tasks of a Member State vis-à-vis the European Commission provided for in the Regulation;
(c) keep a list of products containing restricted explosives precursors and publish it on its website;
(d) keep a central record of information on explosives precursors.
(4) The Czech Trade Inspectorate checks whether the operator:
(a) when making explosives precursors subject to restrictions available, verify the validity of the permit issued if the authorization for making them available is necessary;
(b) register transactions when making explosives precursors subject to the restrictions referred to in Article 4 (3) of the Regulation available;
(c) records the availability of precursors subject to restrictions to members of the general public by means of a valid authorisation.
Transfers of natural persons
(1) A natural person, as a member of the general public, commits an offence by:
(a) hold or use an explosive precursor subject to restrictions on the territory of the Czech Republic in breach of Article 2 (1) or does not have proof of registration pursuant to Article 6 (7);
(b) give an incorrect indication in the application for authorisation referred to in Article 3 or do not notify a material change in any of the facts referred to in Article 4 (4);
(c) as holder of an authorisation, does not fulfil any of the conditions specified in the authorisation.
(2) A fine of up to CZK 50 000 may be imposed for the offence referred to in paragraph 1.
Transfers of legal persons and business natural persons
(1) A legal person and an undertaking natural person as an economic operator commit an offence by:
(a) make available a restricted precursor without a valid permit or registration, or make available a restricted precursor to a person of the general public under 18 years of age;
(b) in breach of Article 6 (1) (a), fails to fulfil the obligation under Article 5 of the Regulation;
(c) in contravention of Article 6 (1) (b), they shall not verify the validity of authorisations pursuant to Article 4 (6) and (7) of the Regulation, except for explosives precursors subject to registration;
(d) in contravention of Article 6 (1) (c), it does not register the transaction or, in contravention of Article 8 (3), it does not provide data on it pursuant to Article 8 of the Regulation, or it does not provide it in full;
(e) in contravention of Article 6 (1) (d), it does not register the making available of precursors subject to restrictions to members of the general public by virtue of an authorisation or leads them to an incomplete degree;
(f) in contravention of Article 6 (1) (e), issue a registration document for a transaction;
(g) in contravention of Article 6 (4), it shall not notify the placing on the market of a new product type containing explosives precursors subject to restrictions or shall not indicate its chemical composition;
(h) in contravention of Article 6 (5), notify without undue delay a suspected transaction or attempted transaction pursuant to Article 9 (1) of the Regulation or a significant loss or theft of an explosive precursor pursuant to Article 9 (4) of the Regulation;
(i) in breach of Article 8 (3), does not process data on registered transactions pursuant to Article 8 (2) to (4) of the Regulation; or
(j) contrary to Article 14 (2), the Czech Mining Authority shall not transmit to the Czech Mining Authority a list of product types which are on the market and contain restricted explosives precursors.
(2) A fine of up to CZK 100,000 may be imposed for the offence referred to in paragraph 1.
Common provisions on infringements
(1) The transfers under this law are discussed by the Czech Trade Inspection Office, with the exception of the offences referred to in § 12 (1) (d), (f) and (h), which are dealt with by the Czech Mining Office and the offences referred to in § 11 and § 12 (1) (b), which are dealt with by the District Mining Authorities.
(2) The fines are collected and enforced by the authority which imposed them.
(3) Where an administrative penalty is imposed for forfeiting an explosive precursor, the forfeited precursor shall be disposed of at the expense of the perpetrator; the amount of the actual costs shall be determined by decision of the authority which imposed the administrative penalty for forfeiting the precursor.
Transitional provisions
(1) The possession and use of explosives precursors, subject to restrictions by members of the general public, made available to them before the date of entry into force of this Act, is possible until 2 March 2016.
(2) An economic operator whose products containing restricted explosives precursors were on the market on the date of entry into force of this Act shall, by 31 January 2015, forward to the Czech Mining Authority a list of the types of such products, including their chemical composition and trade name.
Amendment of the Administrative Charges Act
In point 1 of entry 60 of the Annex to Act No. 634 / 2004 Coll., on Administrative Charges, as amended by Act No. 148 / 2010 Coll., the following point (l) is added:
"(l) permit for handling explosives precursors subject to restrictions CZK 300."
EFFECTIVE
This Act shall take effect on the 15th day following its publication.
Hamlet v. r.
Zeman v. r.
Sobotka v. r.
1) Regulation (EU) No 98 / 2013 of the European Parliament and of the Council of 15 January 2013 on the marketing and use of explosives precursors.
(2) Article 4 (2) of the Regulation.
3) Article 4 (3) of the Regulation.
(4) Article 9 (1) and (4) of the Regulation.
5) Article 3 (7) of the Regulation.
(6) Article 3 (9) of the Regulation.
7) Article 3 (8) of the Regulation.
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Regulation Information
| Citation | Act No. 259 / 2014 Coll., on explosives precursors and amending Act No. 634 / 2004 Coll., on administrative fees, as amended (Act on explosives precursors) |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 19.11.2014 |
|---|---|
| Effective from | 04.12.2014 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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