Decree No. 302 / 2024 Coll.
Decree amending Decree No. 298 / 2005 Coll., on requirements for professional qualifications and competence in mining or mining activities and amending certain legislation, as amended
Valid
Order
Effective from 01.01.2025
Text versions:
01.01.2025
17.10.2024
302
DECLARATION
of 4 October 2024
amending Decree No 298 / 2005 Coll., on requirements for professional qualifications and competence in mining or mining activities and amending certain legislation, as amended
The Czech Mining Authority provides, pursuant to § 5 (3) of Act No. 61 / 1988 Coll., on Mining Activities, Explosives and State Mining Administration, as amended by Act No. 542 / 1991 Coll., and under § 38 (1) of Act No. 18 / 2004 Coll., on the Recognition of Professional Qualifications and Other Eligibility of Nationals of Member States of the European Union and of Certain Members of Other States and on the Amendment of Certain Acts (Act on the Recognition of Professional Qualifications), as amended by Act No. 189 / 2008 Coll.:
Decree No. 298 / 2005 Coll., on requirements for professional qualifications and competence in mining or mining activities and amending certain legislation, as amended by Decree No. 240 / 2006 Coll., Decree No. 378 / 2012 Coll. and Decree No. 549 / 2020 Coll., is amended as follows:
1. in Paragraph 1 (f):
"(f) the management of mining works in underground and underground works, the process of producing or disposing of mining works in underground and underground works in mining or mining activities (including mining, mining, mining, strengthening, maintenance, reconstruction, establishment, securing and disposal of mining works in underground or underground works and mining of mineral deposits in underground),";
2. in Paragraph 2 (1) (k), including footnote 8,
"(k) person carrying out technical surveillance activities 8)
1. for the management of mining works in underground and underground works, they must be qualified to the extent specified in Paragraph 2a (1);
2. in the absence of the management of mining works in underground or underground works, they must be qualified to the extent specified in Paragraph 2a (2);
8) § 7 of Decree No. 22 / 1989 Coll., on Safety and Health at Work and Safety at Operation in Mining Activities and Conquering Unreserved Minerals in Underground, as amended. § 6 of Decree No. 55 / 1996 Coll., on the requirements to ensure safety and health at work and safety of operations in the mining activity in the underground as amended. § 7 of Decree No. 26 / 1989 Coll., on safety and health at work and safety of operations in mining and mining activities on the surface, as amended. Section 7 of Decree No. 51 / 1989 Coll., on Safety and Health at Work and Safety of Operation in the Treatment and Processing of Minerals, as amended. § 9 of Decree No. 239 / 1998 Coll., on safety and health at work and safety of operations in the extraction and treatment of oil and natural gas and in drilling and geophysical works and amending certain regulations to ensure safety and health at work and safety of operations in mining and mining activities, as amended. '
3. The following Section 2a is inserted after Section 2, including footnotes 9, 10, 11, 12 and 13:
(1) The person carrying out the technical surveillance activities for the management of mining works in underground and underground works must be qualified to at least:
(a) secondary education with a graduate examination in the theoretical and practical fields listed in Annex 1 (7) and professional experience in mining or mining activities for at least six months; or
(b) secondary education with a degree in technical disciplines under other legislation9) and professional experience in mining or mining activities for at least three years.
(2) A person carrying out technical surveillance activities in the absence of the management of mining works in underground or underground works must have a professional qualification of at least:
(a) secondary education with a technical examination (9) and professional experience in the relevant technical fields for at least six months; or
(b) secondary education in technical disciplines (9) and professional experience in the relevant technical fields for at least two years.
(3) Medium education with a graduate examination in accordance with paragraph 1 and paragraph 2 (a) may be replaced by:
(a) by supporting the acquisition of a group of all professional qualifications as set out for the corresponding full professional qualification in a qualification level of at least EQF 4 in the field of qualification of Mining and Mining Geology, Metallurgical and foundry, or in the field of qualification of Construction, Geodesia and Cartography published in the National Qualifications System under other legislation10), and to meet the requirements of paragraph 2 (a), the acquisition of a group of professional qualifications in other technical disciplines of qualification (11);
(b) by supporting the acquisition of an adequate professional qualification in the qualification level of at least EQF 4 of the field of qualification of Mining and Mining Geology, Meteorological and foundry, or in the field of qualification of Construction, Geodesia and Cartography published in the National Qualifications System under other legislation12) and in order to meet the requirements of paragraph 2 (a), the acquisition of a group of professional qualifications in other technical disciplines of qualification (11); or
(c) by passing an individual examination which, in its content and form, corresponds to the profile part of the graduation examination (13) in the field of education in the group 21 Mining and mining geology, metallurgy and foundries, or in the field of education in the group 36 Construction, geodesy and cartography and in the case of professional qualifications as referred to in paragraph 2 (a) and other technical disciplines of education9).
(4) Medium education with a graduate examination as referred to in paragraph 1 (a) may be replaced in accordance with paragraph 3 only if the professional qualification, full professional qualification or individual examination contains the theoretical and practical areas listed in Annex 1 (7).
9) Annex No 1 to Government Regulation No. 211 / 2010 Coll., on the system of fields of education in basic, secondary and higher vocational education, as amended. (Education group 21 Mining and mining geology, metallurgy and foundries, 16 Ecology and environmental protection, 23 Engineering and engineering, 26 Electronics, telecommunications and computing, 28 Technical chemistry and silicon chemistry, 36 Construction, geodesy and cartography, 37 Transport and connections, 39 Special and interdisciplinary disciplines, 41 Agriculture and forestry and 53 Health).
10) Article 4 of 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 Further Education), as amended.
11) Act No. 179 / 2006 Coll., as amended. (Group of fields Ecology and Environmental Protection, Engineering and Engineering, Electronics, Telecommunications and Computer Technology, Technical Chemistry and Silicates, Transport and Communications and Special and Interdisciplinary disciplines).
12) Article 5 of Act No. 179 / 2006 Coll., as amended.
13) § 113 of Act No. 561 / 2004 Coll., on Pre-School, Basic, Medium, Higher Vocational and Other Education (Education Act), as amended. '
4. in Article 4 (k):
"(k) persons carrying out technical surveillance activities for the management of mining works in underground and underground works,"
5. Paragraph 7 (2) reads as follows:
"(2) The professional competence of persons carrying out technical surveillance activities in an organisation shall be verified by an examination of the organisation in the absence of the maintenance of mining works in underground or underground works. ';
6. In Annex 1, point 7:
"7. Theoretical and practical areas which constitute the content of education and training required in the Czech Republic for carrying out the technical supervision activities for the management of mining works in underground and underground works under Paragraph 2a (1) (a) of this Decree:
(a) mining or quarrying of bearings or the foundations of underground and civil engineering construction or stamping of underground works or study objects of similar content;
(b) machinery or machinery;
(c) tearing work;
(d) security regulations. ';
Transitional provision
Certificates issued pursuant to Article 5 (7) of Decree No. 298 / 2005 Coll., on requirements for professional qualifications and competence in mining or mining activities and amending certain legislation, as amended, before the date of entry into force of this Order shall be considered as certificates under Decree No. 298 / 2005 Coll., as effective from the date of entry into force of the Decree.
Efficacy
This Decree shall take effect on 1 January 2025.
Chairman:
Ing. Štemberka, Ph.D., v. r.
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Regulation Information
| Citation | Decree No. 302 / 2024 Coll., amending Decree No. 298 / 2005 Coll., on requirements for professional qualifications and competence in mining or mining activities and amending certain legislation, as amended |
|---|---|
| Regulation Type | Order |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 17.10.2024 |
|---|---|
| Effective from | 01.01.2025 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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