Decree No. 302 / 1998 Coll.

Ordinance of the Ministry of the Environment laying down detailed conditions of professional competence and the procedure for its verification, the procedure for demonstrating medical fitness, the procedure for granting and withdrawing authorisation, the list of selected hazardous substances and preparations, the import and export of which is only possible with the approval of the Ministry of Environment, the content of the application for import and export and the manner and details of registration and notification of dangerous chemicals and preparations

Valid Order Effective from 01.01.1999
302
DECLARATION
Ministry of Environment
of 2 December 1998
laying down detailed conditions of professional competence and the procedure for its verification, the procedure for demonstrating medical fitness, the procedure for granting and withdrawing authorisations, the list of dangerous substances and preparations selected, the import and export of which are only possible with the consent of the Ministry of the Environment, the content of the application for import and export and the manner and details of the keeping of records and the notification of dangerous chemicals and preparations
According to § 19 (5), § 21 (1) and (2), § 22 (1) of Act No. 157 / 1998 Coll., on Chemicals and Chemical Products and on the amendment of certain other laws, hereinafter referred to as "the Act":

ČÁST PRVNÍ

BORDER CONDITIONS OF COMPETENT ELEMENTS AND PROCEDURE IN ITS VERIFICATION, HEALTH ELIGIBILITY PROFESSIONAL PROCEDURE AND PROCEDURE IN THE GRANTING AND WITHDRAWAL OF AUTORISATION
§ 1
(1) The content of the application for authorisation or extension is set out in Annex 1 to this Decree.
(2) The Ministry of the Environment (hereinafter referred to as "the Ministry ') shall issue a certificate of this fact following an authorisation decision.
§ 2
Persons who are competent for the management of dangerous chemicals (hereinafter referred to as "substances') and dangerous chemicals (hereinafter referred to as" preparations') shall be considered to be:
(a) have duly completed higher education1) and 3 years of experience in one of the relevant fields or fields of study
1. mining, metallurgy, engineering, construction, electrical engineering, fire protection, food, chemistry, medicine, veterinary medicine, pharmacy, natural sciences, agriculture, forestry or all branches of higher military schools and military universities, except military political academy, for substances and preparations classified under § 2 (8) (a), (b), (c) and (d) of the Act;
2. natural sciences, medicine, veterinary medicine, pharmaceuticals, chemistry, food industry, fire protection, agriculture and forestry or all branches of higher military schools and military universities, except military political academy, for substances and preparations classified under § 2 (8) (f), (g), (i), (l), (m), (n) and (o) of the Act; or
(b) have completed a full secondary vocational or higher vocational training 2) and 5 years of experience in one of the relevant fields
1. mining, metallurgy, engineering, construction, fire protection, electrical engineering, chemistry or all fields of military secondary schools and military training for substances and preparations classified under § 2 (8) (a), (b), (c) and (d) of the Act;
2. health, pharmacy, chemistry or veterinary science for substances and preparations classified under § 2 (8) (f), (g), (i), (l), (m) and (n) of the Act;
3. chemistry, veterinary science, agriculture or forestry for substances and preparations classified under Section 2 (8) (o) of the Act; or
(c) have completed a full secondary education or full secondary vocational education and a certificate of competence obtained on the basis of an examination under § 3 and 5 years of experience in the relevant field.
§ 3
(1) If the applicant does not fulfil the conditions set out in Section 2, he may request the Ministry to carry out the proficiency test.
(2) The proficiency tests shall be carried out before the panel. The President of the Commission and its other members shall be appointed by the Ministry.
(3) The examination shall take place before the panel with a combination of written and oral forms. The Commission shall have an odd number of members, but not less than three, with representatives of experts of the relevant fields.
(4) The Ministry shall publish no later than 30 days before the test date a series of test questions, a list of recommended literature and a list of the aids permitted during the test.
(5) The test shall show knowledge of:
(a) legislation relating to the treatment of selected categories of substances and preparations;
(b) the adverse effects of selected categories of substances and preparations on human health and the environment;
(c) the principles of health and environmental protection when dealing with selected categories of substances and preparations;
(d) the principles of pre-medical first aid for affecting substances or preparations belonging to the selected categories of substances and preparations.
(6) The test shall be assessed by "passed 'or" failed'. The Committee shall decide on the outcome of the examination by a majority of its members.
(7) The Ministry shall issue a certificate of proficiency for the treatment of substances and preparations to the applicant who has carried out an overall "passed" test no later than 30 days after the date of completion of the test.
(8) The applicant who has carried out the "failed" overall assessment shall be informed by the President of the Commission of the possibilities and conditions for repeating the test. The test may be repeated at the earliest after 30 days; the date of the examination shall be determined by the Ministry on the basis of a new request referred to in paragraph 1. Further repeat of the test is only possible following a new application for authorisation.
(9) An applicant who could not attend the test or repeat the test for a serious reason and duly apologized for his non-participation shall be given a replacement date by the Ministry. If the applicant did not show up for the test or repeat the test without a serious reason and a proper apology, he may only take the test on the basis of a new application for authorisation.
(10) If the applicant demonstrates that he has completed a qualification post-graduate, post-graduate or doctoral degree in the relevant field as referred to in § 2 (a) and (b), the Ministry may issue a certificate of competence for the treatment of substances and preparations without carrying out the examination.
§ 4
(1) The medical fitness of persons to carry out authorised activities for the management of dangerous substances and preparations is assessed and a medical assessment based on their own and other justified examinations is issued by a practitioner. 3) Persons suffering mainly from organic or symptomatic mental disorders shall not be considered medically fit if they restrict the ability to assess the possible extent of their action, those suffering from mental and behavioural disorders caused by the consumption of psychoactive substances, possibly by gemblerms, those suffering from severe personality disorders and those suffering from seizure diseases with impaired consciousness.
(2) On the basis of the results of the examination, the medical practitioner shall issue a written medical opinion to the person under examination on the medical fitness to carry out authorised activities in the field of the management of selected categories of substances and preparations. The medical opinion on medical fitness shall not be more than 3 months old on the day of the application for authorisation.

ČÁST DRUHÁ

CONDITIONS FOR CONFORMITY TO IMPORTS AND EXPORTS OF THE SELECTED SUBSTANCES AND PRODUCTS AND THEIR LIST
§ 5
(1) Selected substances and preparations which can only be imported into the Czech Republic with the consent of the Ministry are listed in Annex 3 to this Decree.
(2) Selected substances and preparations which can only be exported from the Czech Republic with the consent of the Ministry are listed in Annex 4 to this Decree.
§ 6
(1) The importer of the substances and preparations listed in Annex 3 to this Decree submits to the Ministry a written request for consent to the import of substances and preparations.
(2) The content of the request for authorisation to import substances and preparations is set out in Annex 5 to this Decree.
§ 7
(1) The exporter of the substances and preparations listed in Annex 4 to this Decree shall submit a written request to the Ministry for approval to export the substances and preparations.
(2) The content of the request for consent to export substances and preparations is set out in Annex 6 to this Decree.

ČÁST TŘETÍ

METHOD AND DETAILS OF EVIDENCE AND NOTIFICATION OF SUBSTANCES AND PRODUCTS
§ 8
(1) A manufacturer of a dangerous substance and an importer of a dangerous substance or chemical preparation which contains a dangerous substance at a concentration higher than that specified in Section 3 (3) of the Act shall keep a continuous record of it to the extent specified in Annex 7. The registration of the substance or preparation shall be kept separately for each substance or preparation and for each operation4) separately.
(2) The distributor of a substance or preparation classified in accordance with § 2 (8) (a), (c), (f), (g), (l), (m) and (n) of the Act shall keep continuously their records to the extent specified in Annex 7. Substances and preparations classified as carcinogenic, mutagenic and toxic for reproduction with a lower hazard for humans as defined in Category 3 of the Government Decree issued under Section 3 (2) of the Act shall not be subject to registration.
(3) The registration of substances or preparations referred to in paragraphs 1 and 2 per calendar year shall be kept for at least 5 years.
§ 9
(1) A manufacturer who manufactures and places on the market and an importer who imports a substance on its own or contained in a preparation of more than 10 tonnes and less than 1 000 tonnes per calendar year shall report to the Ministry the type and quantity of the dangerous substance to the extent indicated in the HEDSET programme (Sections 1 and 2) or in writing on the form set out in Annex 7 (Parts 1 and 2).
(2) The manufacturer who produces and places on the market and the importer who imports the substance on its own or contained in the preparation for a quantity of 1000 or more tonnes per calendar year shall report to the Ministry data on the type, quantity and characteristics of the dangerous substance to the extent specified in the HEDSET programme (Sections 1 to 5). The data required by the manufacturer or importer to notify the Ministry of the type and quantity of the substance are given in Parts 1 and 2 of Annex 7. The framework list of required data on the properties of the substance is set out in Part 3 of Annex No 7 for guidance; the full list of required data on the properties of the substance is given in the HEDSET programme (sections 3 to 5).
(3) The manufacturer and importer only notify the data specified in the HEDSET programme (sections 3 to 5) when the substance is first notified. Information which the manufacturer and importer may obtain without additional testing shall be reported, either from specialised literature or from other professional sources. When notifying an identical substance in subsequent years, only changes and additions to the data already notified shall be reported.
(4) The HEDSET programme, including the user manual, shall be provided free of charge by the Ministry to manufacturers and importers upon written request.
(5) The notification referred to in paragraph 1, made separately for each establishment and for each type of substance, shall be sent by the manufacturer or importer to the Ministry on a technical medium using the HEDSET programme or in writing using the form set out in Annex 7 (Parts 1 and 2).
(6) The notification referred to in paragraph 2, made separately for each establishment and for each type of substance, shall be sent by the manufacturer or importer to the Ministry on a technical medium using the HEDSET programme.
§ 9a
(1) Legal persons and natural persons authorised to do business who handle establishments listed in Annex 8 which may contain substances containing PCBs shall keep records of such substances or preparations contained in the equipment, including fillings, to the extent and on the required registration sheet set out in Annex 9.
(2) The term PCBs means:
(a) polychlorinated biphenyls;
(b) polychlorinated terphenyls;
(c) monomethyl tetrachlorodiphenylmethane;
d. Monomethyl dichlorodiphenylmethane;
(e) monomethyl dibromodiphenylmethane;
(f) any mixture containing any of the substances referred to in (a) to (e) at a total concentration greater than 0,005% by weight.
(3) Legal persons or natural persons authorised to do business shall send to the Ministry completed registers by 31 December 2001.
§ 10
This Decree shall take effect on 1 January 1999.
Minister:
RNDr. Kužvart v. r.

Příloha č. 1

Annex No 1 to Decree No 302 / 1998 Coll.
Content of the authorisation application
The application for authorisation shall contain:
(a) the name, surname, birth number and residence of the applicant;
(b) evidence of the applicant's professional competence;
(c) evidence of medical fitness of the applicant;
(d) an extract from the register of punishments which is not more than 3 months old;
(e) the category of substances under Section 2 (8) of the Act for which authorisation is sought;
(f) date and signature.
In the case of an application for an extension of authorisation, the number of the authorisation certificate or, where appropriate, a certified copy of the certificate shall be provided.

Příloha č. 2

Annex No 2 to Decree No 302 / 1998 Coll.
List of substances and preparations which can only be imported with the consent of the Ministry
Název chemické látkyČíslo CAS1)Číslo ES2)
Fluoracetamid640-19-7211-363-1
Chlordimeform6164-98-3228-200-5
2,4,5-T93-76-5202-273-3
Lindan58-89-9200-401-2
Chlorbenzilat510-15-6208-110-2
Pentachlorfenol87-86-5201-778-6
Monokrotophos
(Rozpustné kapalné přípravky, které obsahují více než 600 g účinné látky na litr)
6923-22-4230-042-7
Methamidophos
(Rozpustné kapalné přípravky, které obsahují více než 600 g účinné látky na litr)
10265-92-6233-606-0
Phosphamidon
(Rozpustné kapalné přípravky, které obsahují více než 1 000 g účinné látky na litr)
13171-21-6
(směs (E) a (Z) isomerů)
23783-98-4 (Z) - isomer 297-99-4 (E) - isomer
236-116-5
Methyl-parathion
(Emulgovatelné koncentráty obsahující 19,5 %, 40 %, 50 %, 60 % a prášky obsahující 1,5 %, 2 % a 3 % účinné látky)
298-00-0206-050-1
Parathion
(Všechny přípravky obsahující tuto látku - aerosoly, rozprašovací prášky, emulgovatelné koncentráty, granuláty a smáčitelné prášky s výjimkou kapslí obsahujících suspenzi)
56-38-2200-271-7
Polybromované bifenyly (PBB)36355-01-8
27858-07-7
13654-09-6
252-994-4
248-696-7 237-137-2
Tris(2,3-dibrompropyl)fosfát126-72-7204-799-9
Explanatory notes:
1) CAS - Chemical Abstract Service
2) According to the list of chemicals according to § 6 paragraph 2 (a) of Act No. 157 / 1998 Coll., as amended by Act No. 352 / 1999 Coll.

Příloha č. 3

Annex No. 3 to Decree No. 302 / 1998 Coll.
List of substances and preparations whose export is only possible with the agreement of the Ministry
Název chemické látkyČíslo CAS1)Číslo ES2)
Oxid rtuťnatý*)21908-53-2244-654-7
Chlorid rtuťný (kalomel)*)10112-91-1233-307-5
Další anorganické sloučeniny rtuti*)
Alkyl rtuťnaté sloučeniny*)
Alkoxyalkyl rtuťnaté - a aryl rtuťnaté sloučeniny*)
Aldrin*)309-00-2206-215-8
Chlordane*)57-74-9200-349-0
Dieldrin*)60-57-1200-484-5
Dichlordifenyltrichloretan (DDT)*)50-29-3200-024-3
Endrin*)72-20-8200-775-7
Hexachlorcyklohexan (HCH)*) s obsahem méně než 99,0 % gama isomeru608-73-1210-168-9
Heptachlor*)76-44-8200-962-3
Hexachlorbenzen*)118-74-1204-273-9
Camphechlor (toxafen)*)8001-35-2232-283-3
Tris(2,3-dibrompropyl)fosfát126-72-7204-799-9
Tris-aziridinyl-fosfinoxid545-55-1208-892-5
Polybromované bifenyly (PBB)36355-01-8
27858-07-7 13654-09-6
252-994-4
248-696-7 237-137-2
Nitrofen1836-75-5217-406-0
1,2-dibromethan*)106-93-4203-444-5
1,2-dichlorethan*)107-06-2203-458-1
Pentachlorfenol, jeho soli a estery87-86-5201-778-6
Ethylenoxid*)75-21-8200-849-9
Dinoseb,*) jeho acetát a soli88-85-7201-861-7
Binapacryf*)485-31-4207-612-9
Captafof*)2425-06-1219-363-3
Dicofof*) obsahující méně než 78 % p,p’-dicofolu nebo více než 1 g.kg-1 DDT a jemu příbuzných sloučenin115-32-2204-082-0
Maleinhydrazid*) a jeho soli, kromě jeho sodné, draselné a cholinové soli; sodná, draselná a cholinová sůl maleinhydrazidu obsahující více než 1 mg.kg-1 volného hydrazinu (vyjádřeno na základě ekvivalentu kyseliny)123-33-1204-619-9
Quintozen*) obsahující více než 1 g.kg-1 hexachlorbenzenu nebo více než 10 g.kg-1 pentachlorbenzenu82-68-8201-435-0
2-naftylamin91-59-8202-080-4
Benzidin92-87-5202-199-1
4-nitrodifenyl92-93-3202-204-7
4-aminodifenyl92-67-1202-177-1
Explanatory notes:
1) CAS - Chemical Abstract Service
2) According to the list of chemicals according to § 6 paragraph 2 (a) of Act No. 157 / 1998 Coll., as amended by Act No. 352 / 1999 Coll.
*) Consent is required only if the substance is to be used as part of a plant protection product pursuant to § 2 (7) of Act No. 147 / 1996 Coll.

Příloha č. 4

Annex No. 4 to Decree No. 302 / 1998 Coll.
Content of the application for consent to import substances and preparations
The request for consent to import substances and preparations into the Czech Republic contains:
(a) the name, surname, residence and identification number, if any, of the natural person authorised to do business, or the trade name (s), registered office and identification number, if the legal person is the legal person;
(b) the trade name of the substance and preparation,
(c) the name of the substance, the CAS number and the EINECS number in accordance with the list set out in Annex 3 to this Regulation;
(d) the quantity of the imported substance and preparation,
(e) the purpose of the application;
(f) a safety data sheet in accordance with Section 14 of the Act.

Příloha č. 5

Annex No. 5 to Decree No. 302 / 1998 Coll.
Application for consent to export of substances and preparations

Explanatory notes to the application for consent to export of substances and preparations
1. Identifying information shall be completed by the applicant; contain the name, surname, domicile and identification number, if any, of the natural person authorised to do business, or the trade name (s), registered office and identification number, if applicable, and the trade name (s) of the manufacturer of the substance and of the preparation.
2. The reference number shall be the indication under which the conduct of the proceedings is recorded. It shall be determined by the Ministry for the substance and preparation and for the importing country.
3. The applicant shall complete items 1 to 3
(a) under heading 1, the name of the substance, the EINECS number and the CAS number as indicated in the list set out in Annex 4 to this Regulation and the customs tariff code. The main impurities shall also be reported, if relevant.
(b) The trade name of the preparation and the names of the substances contained in the preparation shall be indicated under heading 2. For each substance contained in the preparation, contained in Annex 4 to this Decree, the content of the preparation shall be given as a percentage and the identification data specified in item 1.
(c) Item 3 shall show the country of destination and the country of origin of the substance. Furthermore, the estimated date of first export and the estimated quantity of substance to be exported to the country of destination in the year following the first export shall be indicated. This entry includes the intended use in the country of destination, if known, as well as the name, address and other identification details of the importer or import company.
4. The competent administrative authorities shall complete item 4. The name, address, telephone, fax, telex and e-mail of the administration office in the Czech Republic can be obtained. The name, address, telephone, fax, telex and e-mail of the administration in the importing country shall also be provided.
5. The comments on this form shall include information on the measures to be taken for the safe handling of the substance, including indication of the hazard category, identification of specific hazards and instructions for safe handling.
The commentary shall also state how the substance is used in the Czech Republic, a summary of the restrictive measures, including their justification and other information.

Příloha č. 6

Annex 6 to Decree No. 302 / 1998 Coll.
Continuous registration of hazardous chemicals and preparations
1. Continuous registration of hazardous substances shall include:
(a) the identification of the substance (chemical name, CAS number);
(b) identification of impurities (chemical name, CAS number, concentration),
(c) the classification of the substance (hazard symbol, specific risk, safe handling instructions) according to § 12 (2) (d), (e) and (f) of Act No. 157 / 1998 Coll., as amended by Act No. 352 / 1999 Coll.,
(d) for the manufacturer, the quantity of the substance produced, the quantity of the substance imported and the distributor, the quantity of the substance taken over, stored and issued (always in mass units).
2. Continuous registration of dangerous products shall include:
(a) identification of the product (trade name);
(b) identification of the ingredients of the preparation (chemical name, CAS number, concentration),
(c) the classification of the product (hazard symbol, specific risk, instructions for safe handling) according to § 12 (2) (d), (e) and (f) of Act No. 157 / 1998 Coll., as amended by Act No. 352 / 1999 Coll.,
(d) for the importer, the quantity of the product imported, the distributor, the quantity of the product taken over, stored and issued (always in mass units).

Příloha č. 7

Annex No 7 to Decree No 302 / 1998 Coll.
Notification of the production and import of hazardous chemicals

Method of completing the form in Annex 8
The notification of the production or import of hazardous chemicals for the year......... shall be ticked if production or import data are reported and the reported year shall be recorded.
Company (trade name) - the name of the manufacturer or importer shall be completed as recorded in the Commercial Register or in the Trade Register.
Street, municipality, postal code - the exact and complete address of the manufacturer or importer is completed.
IČO - the company identification number is completed; If the IČO is less than eight digits, make up from left zero to 8 seats.
The code of the district - the code of the district on whose territory the company is located is given according to the code list of the counties of the Czech Republic.
Code ZUJ - the code of the municipality in whose territory the company is located is given.
Name of separate establishment - the name of the establishment that is introduced within the firm is given.
Street, municipality, postal code - the exact and full address of the establishment is given.
The code of the district - the code of the district in whose territory the establishment is located is given according to the code list of the counties of the Czech Republic.
Code ZUJ - the code of the municipality in whose territory the establishment is located is given.
Person responsible - the name, surname and title of the worker of the establishment authorised to act on behalf of the firm are given.
The date of drawing up of the document - the date of manufacture shall be indicated (e.g. 25 January 2000 shall be written in the form of 250100).
IUPAC name - the chemical name of the substance is given according to the International Union of Pure and Applied Chemistry (IUPAC) system according to the list of substances according to § 6 (2) (a) of the Act.
CAS No - the CAS Chemical Abstract Service identification number is given.
EINECS number - the EINECS identification number according to the list of substances according to Section 6 (2) (a) of the Act is given.
Sum (molecular) formula - to be reported without empty characters (e.g. C3H6O).
The structural formula - drawing of the structural formula is set out in the Annex. In the case of a polymer, the number diameter of the molecular weight, monomers and substances bound in the polymer (IUPAC names, CAS numbers, percentages by weight) shall be given.
Group of substances - for petroleum substances, the group of substances shall be indicated.
Type of substance - one of the following options shall be given: element, inorganic, organic, organo-metallic, natural substance, petroleum product.
Molecular mass - the molecular mass of the substance shall be given.
A mass at 20 ° C and 101,3 kPa - indicate whether the substance is a solid, liquid or gas under the given conditions.
Quantity of substance produced or imported for the reporting year (t) - the quantity of substance in tonnes produced or imported for the reporting year shall be reported.
Purity level (% m / m) - the mean value, the lower and upper limit as a percentage shall be given.
Normal name or trade name, event. abbreviation - the name under which the substance is marketed in the Czech Republic and other names, e.g. trivial name.
Identification of impurities - in case of more than one number of impurities, the required data shall be given in a separate annex.
IUPAC Name - The name of the IUPAC of the pollutant shall be given.
CAS No - indicate the CAS number of the pollutant.
EINECS number - the EINECS identification number of the pollutant shall be provided.
The concentration of the pollutant (% m / m) - the mean concentration of the pollutant shall be given as a percentage.
Determination accuracy - indicate the lower and upper limit of the concentration of the pollutant as a percentage.
Identification of ingredients - in case of more than one number of ingredients, the required data shall be given in a separate annex.
IUPAC Name - The name of the IUPAC of the ingredient shall be given.
CAS number - the CAS identification number of the additive shall be provided.
EINECS number - the EINECS identification number of the ingredient shall be provided.
The concentration of the substance forming the ingredient (% m / m) - the mean concentration of the substance forming the ingredient as a percentage shall be given.
Accuracy of determination - the lower and upper concentration limits of the substance forming a percentage shall be given.
Hazard symbol - the hazard symbols referred to in Section 12 (2) (c) of the Act are given.
Specific risk - the standard R-phrases according to § 12 (2) (d) of the Act are given.
Instructions for safe handling - the standard S-phrases according to § 12 (2) (e) of the Act are given.
Method of application - one of the following options shall be provided: to a limited extent, to a large extent, in a closed system, incorporation into the product.
Type of application - the type of use, e.g. in agriculture, chemical industry, electrical industry, fuel industry, leather industry, metal production and processing, paint and varnish production, paper industry, printing industry, plastic and rubber products production, textile industry.

Příloha č. 8

Annex No 8 to Decree No. 302 / 1998 Coll.
List of equipment to be registered
The registration shall cover the following equipment or parts thereof containing more than 5 litres of liquid:
(a) oil transformers (power, instrument, special);
(b) silencers,
c. Small oil switches, switches, oil triggers, cable terminals, capacity dividers, oil passes,

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Regulation Information

CitationDecree No. 302 / 1998 Coll., laying down detailed conditions of professional competence and the procedure for its verification, the procedure for demonstrating medical fitness, the procedure for granting and withdrawing authorisations, the list of selected hazardous substances and preparations, the import and export of which is only possible with the agreement of the Ministry of Environment, the content of the application for import and export and the manner and details of the keeping of records and notification of dangerous chemicals and preparations
Regulation TypeOrder
Author-
CollectionCode of Laws
Date of Promulgation23.12.1998
Effective from01.01.1999
Effective until-
Status Valid
The regulation text is for informational purposes only.
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