Decree of the Ministry of Health of the Czech Socialist Republic No. 26 / 1972 Coll.
Decree of the Ministry of Health of the Czech Socialist Republic on the protection and development of natural medical baths and natural medical resources
Valid
Effective from 01.05.1972
26
DECLARATION
Ministry of Health of the Czech Socialist Republic
of 17 April 1972
on the protection and development of natural therapeutic baths and natural medicinal resources
The Ministry of Health of the Czech Socialist Republic provides in the agreement with the participating central authorities pursuant to § 70 paragraph 1 of Act No. 20 / 1966 Coll., on the care of the health of the people:
Establishment of natural spa treatments
The natural spa can be established by the Ministry of Health of the Czech Republic (hereinafter referred to as the Ministry),
(a) if they are in place
1. natural resources which have been declared as medicinal (Part II) and which are to be used on-site for spa care purposes;
2. climatic conditions declared favourable to treatment (Part IV); and
(b) if the specific hygiene requirements laid down by the Ministry are met on site.
Declaration of natural resources for medicinal
(1) Natural medicinal water sources may be declared as sufficiently robust sources of naturally occurring water if:
(a) have permanent scientifically proven medicinal effects due to their chemical composition or physical properties,
(b) comply with the necessary hygiene requirements;
(c) are usable for therapeutic purposes in the state in which they occur in nature or after treatment which does not interfere with their medicinal effects; and
(d) it is in the social interest that they be used for preventive care.
(2) The waters referred to in paragraph 1 (a) shall be those which differ substantially from other waters;
(a) a temperature above 25 ° C; or
(b) a content of dissolved insoluble solid compounds (at least 1 g per litre of water); or
(c) the content of gases such as carbon dioxide (at least 1 g per litre of water), hydrogen sulphide (at least 1 mg per litre of water) and radio emanation (at least 37 n / Ci / litre); or
(d) the content of other components not present in or present in ordinary waters, such as iodine (at least 5 mg per litre of water), arsenic (at least 0,7 mg per litre of water) and iron (at least 10 mg per litre of water); or
(e) other components containing pharmacodynamic effects.
The conditions laid down in Article 2 (1) for the declaration of natural gas sources and medicinal products shall apply mutatis mutandis.
The natural therapeutic sources of peat, salt, baths and other earths can be declared sufficiently robust deposits of these pelloids if:
(a) have the characteristics and effects referred to in Article 2 (1); and
(b) arise from natural geological or biological processes.
(1) The natural resource is declared by the Ministry of Health on a proposal from the Czech Inspectorate of Spa and Rays ("the Inspectorate ').
(2) A complaint to declare a natural resource as a medicinal product may be submitted by the national committee in whose district it is a source or by an organisation which intends to use the resources. The complaint is given to the Inspector.
(3) The complaint shall contain a description of the source and its surroundings, the way in which it is unveiled or captured, the characteristics and effects of its products and the design of its use. The complaint should be accompanied by a geological assessment, evidence of the eligibility of the source, the characteristics and effects of its products and the bacteriological assessment of the source.
(1) The Ministry shall, on a proposal from the Inspectorate, withdraw the declaration of natural resources as medicinal if the source of the prescribed characteristics and effects provided for in paragraphs 2 to 4 is no longer available for medical purposes. The complaint for cancellation is given to the Inspectorate.
(2) The complaint shall state the reason for cancelling the declaration of natural resources as medicinal products; in particular, it is necessary to describe to what extent or, where appropriate, how the loss of the source's worth or the characteristics and effects of its products occurred.
(3) The Ministry may determine in the measure referred to in paragraph 1 the manner and conditions for the further use of natural resources.
Declaration of water sources for natural mineral waters
(1) Resources of natural mineral waters of table water may be declared as sources of such waters which:
(a) have, in view of their chemical composition or physical properties, permanent scientific evidence and beneficial effects for human health;
(b) satisfy the hygiene requirements required; and
(c) are usable in the state in which they occur in nature.
(2) The waters referred to in paragraph 1 (a) shall be those containing at least 1 g of carbon dioxide and not more than 5 g of dissolved insoluble solid compounds in 1 litre of water, these components, whether or not individually, shall not be characterised by significant pharmacodynamic effects.
(3) Paragraph 5 and 6 apply mutatis mutandis to declaring natural resources as sources of natural mineral waters of table water and to abolishing declarations of such resources.
Declaration of climate conditions favourable to treatment
Climate conditions are favourable to treatment if they cause appropriate changes in the body's reactivity or other physiological functions. Such climatic conditions shall be demonstrated by a scientific survey of the physical and physico-chemical properties of the local climate and its biological effects on the human organism.
(1) Climate conditions may be declared favourable to treatment under § 8 if:
(a) the relative length of sunlight in the long term is at least 40% but not less than 1650 hours per year;
(b) the temperature load (temperature difference) does not exceed 13 ° C per 24 hours in the monthly average;
(c) the humidity in the monthly average is not more than 87%;
(d) dust fall does not exceed 5 g / m2 per month in the internal spa area.
(2) Not only the level of pollution by individual pollutants, but also the final content of the mixture of pollutants in the air, is decisive for declaring climate conditions favourable to treatment; au
(a) the mean value of the flying aerosol shall not exceed 0,15 mg / m3 per 24 hours and 0,5 mg / m3 per 30 minutes in the case of aerosol which does not contain more than 20% of free silicon dioxide;
(b) the mean value of sulphur dioxide shall not exceed 0,05 mg / m3 per 24 hours and 0,2 mg / m3 per 30 minutes;
(c) other pollutants may not exceed those determined by the Ministry in each case.
(1) The climate conditions for a certain location are declared favourable to treatment by the Ministry on a proposal from the Inspectorate.
(2) An incentive to declare climate conditions favourable to treatment may be given by the national committee in whose district the place where the natural spa is to be set up or by an organisation which intends to exploit climate conditions. The complaint is given to the Inspector.
(3) In particular, the complaint must contain an expert opinion demonstrating that the climatic conditions correspond to the values set out in Section 9 for at least one year before the complaint is lodged.
(1) The Ministry, acting on a proposal from the Inspectorate, abolishes the declaration of climate conditions under favourable treatment if climatic conditions lose their prescribed characteristics and effects or if they cannot be used for medical prevention purposes. The complaint for cancellation is given to the Inspectorate.
(2) The complaint shall state the reason for the withdrawal of the declaration of climatic conditions as medicinal products; in particular, the extent to which or the manner in which the loss of their prescribed properties and effects occurred.
Use of natural medical resources, sources of natural mineral waters of table and climatic conditions favourable to treatment
(1) Only natural resources which have been declared as medicinal products may be used for spa care purposes. The use of natural medical resources for these purposes is a priority of social concern.
(2) Natural medical resources may be used by authorities and organisations which are authorised to provide preventive care for treatment and which are permitted by the Ministry on a proposal from the Inspectorate.
(3) The authorisation for the use of a natural medical resource shall provide for:
(a) the scope, manner and conditions of use;
(b) conditions for hydrological and chemical monitoring of the source at the site of occurrence and at the site of application;
(c) the facilities to be built and maintained to use the resource.
The inspector shall supervise compliance with these conditions; If defects are detected, they shall order their removal.
(1) The use of natural medical resources must be planned and implemented in such a way as to reflect their capacity.
(2) The authority or organisation which makes use of the resources or intends to make use of them is required to draw up a plan for the use of natural sources of medicine in which the quantity of products of natural sources may also be used for purposes other than spa care. The plan is approved by the Inspectorate.
The sources of natural mineral waters of table water are mainly used in the care of the health of the people, particularly for dietetic purposes and in the fight against alcoholism. The use of these resources must be planned to correspond to their capacity. The plan to use the resources of natural mineral waters of the table shall be drawn up by the authority or organisation which uses or intends to use the resources. The plan is approved by the Inspectorate.
The treatment of products of natural medical resources and natural mineral waters of table water may only be carried out according to principles approved by the Inspectorate.
(1) Paragraph 12 (1) and (2) shall apply mutatis mutandis to the use of favourable climatic conditions.
(2) The authorities and organisations benefiting from favourable climatic conditions for treatment must submit to the Inspectorate every 10 years documentation on the climatic conditions at the spa site, assessing the medicinal properties of the climatic conditions and the results of the measurement of the values in accordance with § 9.
Protection of natural spa treatments
The protection of natural spa treatments is ensured by spa status, the setting of protection zones around the spa area and other protective measures.
(1) The spa statutes determine the measures to be taken at the spa site in order to protect the treatment regime and to maintain or create a spa environment.
(2) In particular, the spa statute issued by the Regional National Committee provides that:
(a) only spa facilities are established and operated in the defined internal territory of the spa (internal spa);
(b) in the rest of the spa area (external spa area), establishments and facilities shall be established and operated only if they do not act in a disruptive manner in the provision of spa care and in the spa environment;
(c) in the spa area, the necessary measures will be taken to protect the health of the air, water and soil, to protect against noise and shocks and to improve the climate and appearance of the spa area;
(d) economic and cultural educational activity will be developed in the spa area, creating favourable conditions for the provision of spa care;
(e) continuous infrastructure shall be conducted outside the internal spa area and routes of air flights outside the spa area; local infrastructure and transport facilities will be adapted to fully serve the needs and comfort of the spa visitors.
(1) If the measures provided for in the spa statutes are not sufficient to protect the natural spa treatments and if there is a need to prevent effects in the vicinity of the spa site that would jeopardise or make it difficult for the spa to take care and impair climatic conditions or air cleanliness, protection measures shall also be laid down outside the spa area. If it is for the protection of a wider range, it will be located around the spa area of the protection zone. Such protective measures shall prohibit or restrict the activity harmful to natural health care facilities or shall be imposed on economic activity in order to create favourable conditions for the provision of spa care.
(2) Where this is necessary to protect natural therapeutic baths, further protective measures shall also be laid down outside the protection zones. The third sentence of paragraph 1 shall apply mutatis mutandis.
If the issue of the spa status and the establishment of protection zones or other protection measures is not reserved for the Government, it shall issue the spa status, or provide for protection zones and other protection measures on the basis of a binding opinion from the Inspectorate, the competent Regional National Committee. If the Regional National Committee finds, when discussing draft statutes and, where appropriate, protection zones and other safeguard measures, that important economic interests would be affected by the protection of spa sites, it shall notify the Ministry. The Minister for Health will submit proposals for decision to the Government of the Czech Republic.
In order to prevent damage which could arise from natural medical baths prior to the issue of spa status, prior to the establishment of protection zones or other protective measures, the Inspectorate may provide for the necessary interim protective measures, including outside the spa site or protection zones. Paragraph 18 and 19 shall apply mutatis mutandis to the content of these measures.
The authorities and organisations in charge of the natural health spa shall establish and maintain weather stations in the internal spa territory and carry out the measurement of pollutants in accordance with the principles specified by the Inspectorate.
Protection of natural medical resources
(1) The protection of natural medicinal resources is ensured by the establishment of protection zones and other protective measures.
(2) Protection zones and other protective measures ensure the protection of natural sources from such activities, in particular economic ones, which may disturb or otherwise adversely affect the viability, physical characteristics, chemical composition or hygiene of natural sources. Such activities may include, in particular, works subject to the upper law, deep drilling, digging, excavation, filling, landfill, pollution, release, water and gas supply, rock breaking, rock tearing and wood extraction.
(1) The protection zones are generally established in three stages.
(2) The territory which immediately surrounds the natural source of medicine and in which the source or its products can be most easily and gravely damaged is a protective zone of the first degree. Strict measures shall be taken in this zone to ensure that the source and the quality of its products are permanently delivered; in particular, the work referred to in Article 23 (2) shall be prohibited, except for the work necessary for the operation of the natural spa or for the use of natural medical resources which may only be carried out with the consent of the Inspectorate.
(3) If there is a risk that the natural health source or its products may be damaged from more remote locations, a protective zone of the second degree shall be established around the protection zone of the first degree. In this zone, the work referred to in Article 23 (2) shall be allowed only with the agreement of the Inspectorate, which may bind the performance of such work to certain restrictions.
(4) In order to ensure the protection of the natural health source even in an area surrounding the 2nd degree protection zone and having a direct impact on the maintenance of the steady yield of the source or the quality of its products (e.g. the infiltration zone), a third degree protection zone may also be established. For this zone, it shall be established which of the works referred to in Article 23 (2) shall be permitted only with the agreement of the Inspectorate or, where appropriate, with certain restrictions.
Where this is necessary, individual protective measures shall be taken to protect the natural sources and their products against the disruptive effects of the work referred to in Article 23 (2) even outside the protection zones.
Paragraph 20 shall also apply to the establishment of protection zones and, where appropriate, other protection measures for the protection of natural medicinal products.
In order to prevent damage likely to arise from natural sources in the meantime before they are subject to protection zones and other protective measures, the Inspectorate may provide for the necessary interim protective measures, as a rule on a proposal from the Czech Geological Authority. Paragraph 23 to 25 shall apply mutatis mutandis to the content of these measures.
All interventions and adjustments on natural medical resources may be carried out only with the agreement of the Inspectorate.
The provisions on the protection of natural sources of mineral waters of table water shall apply mutatis mutandis.
Obligations of the institutions and organisations
(1) A binding opinion of the Inspectorate * must be requested in particular:
(a) prior to approval of the zoning documentation relating to spa sites or protection zones;
(b) prior to the issuing of territorial decisions and building permits
1. for buildings in the internal spa territory and in the protection zone of the natural medical resources of the 1st degree or the narrower provisional protection zone of the natural medical resources,
2. for construction in the external spa area and in the protection zone of natural medical resources of 2nd and 3rd degree or in the wider interim protection zone of natural medical resources which do not have the character of amenities and residential construction (except heating) carried out up to a maximum depth of 6 m and according to approved planning documentation;
3. for the construction of a cottage and recreation area of the spa site,
(c) prior to the issue of water permits in the protection and provisional protection zones of natural medical resources for the construction of sampling facilities and for the collection of groundwater; exemptions from this obligation shall be determined when the protection zones are established;
(d) prior to the issue of an authorisation for works subject to the Mining Act and similar activities in the protection zones of natural medical resources.
(2) The authorities which are entitled to take or approve the measures for which a binding opinion is required by the Inspectorate may not take or consent to such measures unless the Inspectorate has submitted a positive opinion on the measure or the conditions laid down in the opinion have been met.
(3) The issue of a binding opinion to the Inspectorate and the fulfilment of the conditions laid down in the opinion shall be noted by the competent authority in the decision approving the zoning documentation in the territorial decision, building permit, water permit or in the authorisation of works subject to the upper law.
(1) Organisations carrying out drilling, works subject to the Mining Act and other land works are required to notify the inspection of this occurrence within 15 days at the latest if the source of thermal water [§ 2 (2) (a)] or mineral water [§ 2 (2) (b) to (e)] is found to be present.
(2) The inspector shall keep records of sources of thermal and mineral water, gases and emanations which have been notified in accordance with paragraph 1 and which have not yet been declared as natural medicinal or natural mineral water sources of table water and propose the method of their use. In the proposal, the inspector shall also indicate an adequate method of protecting such a source.
Forestry in the spa area and in the protection zones of natural therapeutic baths and natural medical resources (forests of particular importance and destination) can be declared as suitable forests. The method of management of these forests will be determined in an agreement with the Inspectorate and laid down in forest plans. *)
Common and final provisions
The measures provided for in this Decree, where they could be affected by the search for and extraction of minerals, forestry and water management, the protection of the air from the point of view of technicoeconomic, agricultural production and hunting, railways and public roads (in particular roads), the creation and protection of healthy conditions and healthy living and working conditions, the interests of national nature protection or other general interests, must be discussed in advance with the competent authorities.
The cooperation of the Inspectorate with the sanitary services, the State Mining Administration and the State Technical Inspection of Air Protection, or with other inspection bodies, shall be governed by agreements between those authorities or between their superior central authorities and the Ministry.
The Decree of the Ministry of Health No 151 / 1956 of the Ú. l., on the protection of and the use of natural medical baths and natural medical resources, is hereby repealed.
This Decree shall take effect on 1 May 1972.
Minister:
Doc. MUDr. Prohlo, CSc., Rev.
*) § 50 paragraph 1 of Act No. 20 / 1966 Coll.
*) § 30 of Act No. 166 / 1960 Coll., on Forests and Forestry.
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Regulation Information
| Citation | Decree of the Ministry of Health of the Czech Socialist Republic No. 26 / 1972 Coll., on the protection and development of natural medical baths and natural medical resources |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 28.04.1972 |
|---|---|
| Effective from | 01.05.1972 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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