Act No. 336 / 2020 Coll.
Act amending Act No. 19 / 1997 Coll., on certain measures related to the prohibition of chemical weapons and amending and supplementing Act No. 50 / 1976 Coll., on Territorial Planning and Construction Regulations (Construction Act), as amended, Act No. 455 / 1991 Coll., on Business Enterprise (Trade Act), as amended, and Act No. 140 / 1961 Coll., Criminal Act, as amended, as amended, and other related laws
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Effective from 01.01.2021
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01.01.2021
06.08.2020
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336
THE LAW
of 23 July 2020
amending Act No. 19 / 1997 Coll., on certain measures relating to the prohibition of chemical weapons and amending and supplementing Act No. 50 / 1976 Coll., on the zoning and construction rules (Construction Act), as amended, Act No. 455 / 1991 Coll., on business entrepreneurship (Trade Act), as amended, and Act No. 140 / 1961 Coll., Criminal Act, as amended, as amended, and other related laws
Parliament has decided on this law of the Czech Republic:
Amendment of the Act on certain measures related to the prohibition of chemical weapons
Act No. 19 / 1997 Coll., on certain measures related to the prohibition of chemical weapons and amending and supplementing Act No. 50 / 1976 Coll., on Territorial Planning and Construction Code (Construction Act), as amended, Act No. 455 / 1991 Coll., on Commercial Enterprise (Trade Code Act), as amended, and Act No. 140 / 1961 Coll., Act No. 124 / 2008 Coll., as amended, Act No. 138 / 2008 Coll., Act No. 41 / 2009 Coll., Act No. 223 / 2009 Coll., Act No. 227 / 2009 Coll., Act No. 121 / 2009 Coll.
1. In Article 1, the words "and ensures international cooperation in this field 'shall be added at the end of the text of paragraph 2.
2. in Article 2 (a):
"(a) chemical weapon
1. a toxic chemical and its precursor, except those intended for an unbanned purpose and of which the species and quantities correspond to that purpose,
2. munitions or devices intended to kill or cause any other harm to the health of humans or animals or to harm plants or ecosystems (1) by the toxic effects of toxic chemicals referred to in point 1 which would be released as a result of the use of such ammunition or equipment; or
3. equipment specially designed for use in the direct connection with the use of ammunition or equipment referred to in point 2; ';
3. in Article 2 (d):
"(d) a specified substance is a toxic chemical or its precursor listed in the chemical lists in the Annex to the Convention on the Prohibition of the Development, Production, Stocks and Use of Chemical Weapons and on Their Destruction (" the Convention "); the scheduled substances listed in the chemical lists in the Annex to the Convention are subdivided into:
1. specified substances listed in List 1 of the Annex to the Convention (hereinafter referred to as "List 1 substance");
2. specified substances listed in List 2 of the Annex to the Convention (hereinafter referred to as "List 2 substance"); and
3. specified substances listed in List 3 of the Annex to the Convention (hereinafter referred to as "List 3 substance"); ';
4. footnote 2 shall read:
"(2) The Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on Their Destruction, published under No 14 / 2009 Coll. s."
5. in Article 2 (g):
'(g) the production of specified substances by chemical reaction, including specified substances which are an intermediate or by-product or waste product in the manufacture of a chemical, if such a product exists long enough to be isolated even if it is not isolated under normal conditions;';
6. Paragraph 2 (j) reads as follows:
"(j) the management of the development, production, consumption, holding, other acquisition, processing or transfer of a toxic chemical or its precursor; the treatment is not a service under the Law on the Free Movement of Services; ';
7. In Article 2 (l), the words "complete and non-refundable 'shall be inserted after the words" their'.
8. In Article 2, at the end of point (n), the dot is replaced by a semicolon and the following point (o) is added:
"(o) non-prohibited purpose
1. industrial, agricultural, research, medical, pharmaceutical or other peaceful purposes,
2. a protective purpose directly related to the protection against toxic chemicals and to the protection against chemical weapons (the "protective purpose"),
3. a military purpose without the use of a chemical weapon which does not depend on the use of toxic properties of chemicals as means of combat; or
4. the purpose of maintaining internal order. ';
9. In Article 3, paragraphs 3 and 4 are added:
"(3) Treatment with a toxic chemical or its precursor for a non-prohibited purpose shall be prohibited.
(4) The disclosure or reasonable suspicion of the promotion or financing of the activities referred to in paragraphs 1 to 3 shall be immediately notified to the Police of the Czech Republic, which shall immediately communicate this information to the Office. '
10. in Article 4 (3), the words "paragraphs 1 or 2" shall be inserted after the words "Article 3";
11. In Part Three of Title I:
"GENERAL CONDITIONS FOR PRESENTATION OF CERTAIN SUBSTANCES '.
12. Paragraph 6 (1) is deleted and paragraph 2 is deleted.
13.
Any person who hands a specified substance into the possession of another person shall be required to provide evidence of its type and concentration. ';
14. Article 7a, including footnote 1a, shall be deleted.
15. In Part Three of Title II:
"SUBSTANCES OF ANNEX 1 '.
16. in Paragraph 8 (1), the words "highly dangerous substances" are replaced by the words "list 1 substance."
17. in Paragraph 8 (2), the words "highly dangerous substances" shall be replaced by the words "list 1 substances" and the words "ban the development, production, stockpiling and use of chemical weapons and their destruction (" Convention ") 2" shall be deleted;
18. In Article 8, the following paragraph 3 is added:
"(3) The licence is not required for rescue operations intended to avert or reduce the immediate effects of risks arising from an emergency or for disposal operations to eliminate the consequences of an emergency. The person performing the rescue or liquidation work shall immediately notify the police of the Czech Republic of their implementation, which shall immediately communicate this information to the Office. ';
19. Paragraph 9 (3) reads:
"(3) The Authority shall grant a licence if the aggregate quantity of listed 1 substances in the territory of the Czech Republic does not exceed the amount referred to in Section 8 (2) and if the treatment of list 1 substance is carried out in objects which are clearly defined in terms of their location, composition and construction solutions and which ensure the management of that substance for the purposes referred to in Section 8 (1). The implementing legislation shall specify the types of objects fulfilling the characteristics required for the treatment of the substance of List 1 according to the first sentence. ';
20. in Article 9 (4) (b), the words "or information" and the words "otherwise it is considered that they agree to the grant of a licence" shall be deleted;
21. footnotes 2a, 2b, 2c, 2d, 2e, 2f, 4 and 5 are deleted.
22. in Article 10 (2) (a), "Regulation 2a)" is replaced by "Regulation (3)."
Footnote 3:
"3) Act No. 18 / 2004 Coll., on the recognition of professional qualifications and other competence of nationals of Member States of the European Union and amending certain laws (Act on the Recognition of Professional Qualifications), as amended."
23. in Article 10 (2) (c):
"(c) full independence,"
24. in Article 10 (2) (e), the word "Regulation (2b)" is replaced by "Regulation (4)."
footnote 4:
"4) § 44b of Act No. 258 / 2000 Coll., on the Protection of Public Health and on the amendment of certain related laws, as amended."
25. In Article 10, at the end of paragraph 3, the sentence "The legal person appointing the representative shall be required to create conditions for the performance of his duties, including to ensure access to information on the activities for which the licence is granted."
26. in Article 11 (2), the word "Regulation 2a)" is replaced by the word "Regulation (5)."
footnote 5:
"5) Act No. 269 / 1994 Coll., on the Register of Penalties, as amended."
27. Sections 12 to 15, including the headings, read:
Licence application
(1) The application for a licence, in addition to the general requirements laid down in the Administrative Rules, contains:
(a) the name and, where appropriate, the name, surname, birth number, if assigned, and the date of birth of the representative responsible and the address of his place of residence;
(b) an indication of the intended use of the substance in List 1 for which the licence is required;
(c) the specification of the establishments and facilities for production, where the application for a licence to manufacture or put into service of the establishment is concerned;
(d) the name of the substance list 1, its quantity, the use purpose and its final destination,
(e) for each object in which the substance of list 1 is handled, a description in the range of location, composition of operating units and constructional solution.
(2) The applicant shall add to the application referred to in paragraph 1:
(a) in the case of a representative who has remained continuously in the territory of a foreign State for more than 3 months, a document similar to that of the record of the Register of Penalties of that State, which may not be more than 6 months old, or a declaration of the integrity of the agent, with his officially certified signature, in the event that that State does not issue such document; the responsible representative who is or has been a national of another Member State of the European Union or has or has had an address in another Member State of the European Union may, instead of a proof of integrity issued by a competent authority of another Member State of the European Union, provide proof of integrity by an extract from the Register of Penalties (5) with an annex containing information entered in the criminal record of another Member State of the European Union,
(b) evidence of the professional competence of the responsible agent or, where appropriate, of the decision to recognise the professional qualification in accordance with the specific legislation3);
(c) proof of the purpose of handling the substance of List 1,
(d) the data from the list 1 substance register, if the applicant is obliged to keep such a register in accordance with § 25a;
(e) drawing documentation to support the data referred to in paragraph 1 (c) and (e).
(3) The applicant for a licence shall submit an application for a licence to the Office in respect of an application for a licence
(a) the manufacture or putting into service of a substance listed in list 1, not later than 7 months before the intended start of production;
(b) other activities, no later than 4 months before the scheduled start of the treatment of list 1 substance.
Licence decision
(1) The decision to grant a licence, in addition to the general requirements laid down in the Administrative Rules, contains:
(a) the name and, where appropriate, the name, surname and date of birth of the representative responsible and the address of his place of residence;
(b) the subject-matter and scope of the licence;
(c) the purpose of the use of the substance in list 1 and its authorised quantity;
(d) other conditions of the licence resulting from the international obligations of the Czech Republic,
(e) the name and address of the object handling the substance of list 1.
(2) The Office shall decide on the granting of a licence within 90 days of the initiation of the procedure.
Termination of licences
(1) The licence expires
(a) the date on which the legal person holding the licence (hereinafter referred to as "the licence holder") ceases to exist;
(b) a decision by the Office to withdraw the licence;
(c) a decision by the Office to revoke the licence.
(2) The Office shall withdraw the licence if it finds that:
(a) the licence holder no longer fulfils the conditions of the licence under this law;
(b) the holder of the licence has not applied for a new decision, despite the grounds given for it,
(c) the licence has been granted on the basis of false information; or
(d) the exercise of the licence holder's authorisation is contrary to the security interests of the Czech Republic, according to the opinion of the Ministry of the Interior or the Information Security Information Services, Military Intelligence or the Office for Foreign Relations.
(3) The Office shall revoke the licence if the licence holder requests its cancellation.
(4) The licence holder shall, in accordance with this Law, terminate the licensed activity within the period specified by the decision of the Office to withdraw the licence or the decision of the Office to revoke the licence.
(5) An appeal against a decision to withdraw a licence shall not have suspensory effect.
New licensing decision
(1) Where changes are made to the information contained in the decision to grant a licence which is relevant for the exercise of the licensed activity or other facts relevant for the exercise of the licensed activity, the Authority shall, upon application by the licence holder, take a new decision. The Ministry of the Interior, the Security Information Service, Military Intelligence and the Office for Foreign Relations and Information shall communicate to the Office the opinion or information on whether the issue of a new decision is in line with the security interests of the Czech Republic. Those authorities shall be required to make their views known within 30 days of the date of receipt of the Office's request for observations.
(2) The application for a new decision shall state the number of the original decision granting the licence.
(3) The reasons for the new decision must be duly substantiated by the licence holder in the application for a new decision.
(4) A new decision issued pursuant to paragraph 1 shall be repealed.
(5) Where the Authority has been informed of a change to the particulars contained in the decision to issue a licence relevant to the exercise of the licensed activity or of any other facts relevant to the exercise of the licensed activity and the licence holder has not submitted an application for a new decision, the Authority shall invite it to submit an application; to this end it shall set a time limit which shall not be less than 5 working days from the date of receipt of the call. ';
28. In Section 16 of the Introductory Part of the Provisions, the words "highly dangerous substances' are replaced by the words" list 1 substances'.
29. in Article 16 (a), the words "high-risk substances" are replaced by the words "list 1 substances."
30.
Transfer of List 1 substances and change of their holder
(1) The transfer of list 1 substance is only possible between the Member States of the Convention and only under the conditions laid down by the Convention.
(2) The licence holder is required to report to the Authority the information on the anticipated transfer of the substance of list 1 not later than 40 days before it is carried out.
(3) In the event of a change of the holder of the substance list 1 within the Czech Republic, the licence holder shall report to the Authority the details of the change before it is implemented. '.
31. In Section 18, the words "highly hazardous substances' are replaced by the words" list 1 substances'.
32. In Section 18, the words "highly dangerous substances' are replaced by the words" list 1 substance 'and the words "annual' and the words" current year 'are deleted.
33. In Section 19, the words "highly hazardous substances' are replaced by the words" list 1 substances'.
34. in Article 19 (1) and (2), the words "highly dangerous substances" are replaced by the words "list 1 substances."
35. In Part Three of Title III:
"SUBSTANCES OF ANNEX 2 '.
36. Paragraph 20, including the title, reads:
Treatment of list 2 substances
(1) A natural or legal person handling a list 2 substance and exceeding a specified quantity of list 2 substance or its established concentration is required to report to the Authority data on the treatment of list 2 substance for the previous calendar year by 31 January of the following year and data on the intended use of list 2 substance for the following calendar year by 31 August.
(2) The reporting obligation also applies to the installation of a new plant for the production, processing or consumption of list 2 substance.
(3) The implementing act shall determine the amount of list 2 substance, the concentration of list 2 substance mixed with other substances and the content of the reports referred to in paragraphs 1 and 2.
(4) In the event of
(a) the natural or legal person referred to in paragraph 1 is obliged to comply with the reporting obligation not later than 14 days before the date of implementation of the forecast data for the following calendar year;
(b) in order to modify the identification data of a natural or legal person referred to in paragraph 1, that person shall immediately notify the Office of the change; or
(c) in order to modify or terminate the treatment of the substance listed in list 2, the natural or legal person referred to in paragraph 1 shall be required to notify the Office without delay.
(5) Where the natural or legal person referred to in paragraph 1 does not intend to continue the treatment of the substance listed in list 2, he shall report this fact to the Office; and
(a) in the case of the transfer of a substance to another holder of list 2, it shall:
1. inform the new holder in writing of the obligations relating to the handling of list 2; and
2. not later than 20 days before the date of transfer inform the Office in writing of the change of the holder; or
(b) in the event of disposal of the substance listed in list 2, it shall:
1. ensure disposal by the person authorised to dispose of hazardous waste; and
2. inform the Office in writing of the liquidation or send the Office a certificate of liquidation, if issued, no later than 20 days after the date of liquidation. ';
37. in Article 21a, the words "highly dangerous, dangerous and less dangerous substances" shall be replaced by the words "specified substance" and the words "prescription.2f)" shall be replaced by the words "prescription6."
footnote 6:
"6) For example, the Communication of the Ministry of Foreign Affairs No 6 / 2002 Coll. p., supplementing Communication No 159 / 1997 Coll., No 186 / 1998 Coll., No 54 / 1999 Coll. and No 93 / 2000 Coll. on the publication and acceptance of amendments and additions" Annexes A - General provisions and provisions concerning dangerous substances and articles "and" Annexes B - Provisions on means of transport and transport "of the European Agreement on the International Carriage of Dangerous Goods by Road (ADR)."
38. In Section 22, the words "hazardous substances' are replaced by the words" list 2 substances'.
39. in Article 22 (1) and (2), the words "dangerous substances" are replaced by the words "list 2 substances."
40. in Paragraph 22 (2), the words "Dangerous substances" are replaced by the words "List 2 substances";
41. In Part Three, Title IV reads:
"SUBSTANCES OF ANNEX 3 '.
Article 42 (23), including the title, reads:
Management of list 3 substances
(1) A natural or legal person handling the substance of list 3 and exceeding the specified amount of substance of list 3 or its established concentration is required to report to the Authority the data on the treatment of the substance of list 3 for the previous calendar year by 31 January of the following year and the data on the estimated production of the substance of list 3 for the following calendar year by 31 August.
(2) The reporting obligation also applies to the installation of a new equipment for the production of list 3 substance.
(3) The implementing act shall determine the quantity of list 3 substance, the concentration of list 3 substance mixed with other substances and the content of the reports referred to in paragraphs 1 and 2.
(4) Paragraph 20 (4) and (5) shall apply mutatis mutandis to the treatment of list 3 substance. ';
43. In Section 25, the words "less dangerous substances' are replaced by the words" list 3 substances'.
44. In Article 25 (1), the words "less dangerous substances' are replaced by the words" list 3 substances' and the words "purposes referred to in Article 6 'are replaced by the words" non-prohibited purpose'; the declaration shall also contain an indication of the type and quantity of the substances transferred, their end-use and the name or name or, where applicable, the names and surname and address of the end-user. ';
45. in the first sentence of Article 25 (2), the words "less dangerous substances" shall be replaced by "List 3 substances."
46. In the second sentence of Article 25 (2), "less dangerous substances' is replaced by" list 3 substances'.
47. In Part Three, Title V, the words "specified substances' are deleted.
48. § 25a reads:
(1) The licence holder and the natural or legal person handling List 2 substance and the natural or legal person handling List 3 substance are required to:
(a) keep and keep records of scheduled substances in paper or electronic form;
(b) submit, on request, the register referred to in (a) to the Office for inspection; and
(c) at the end of the treatment of a specified substance, transmit the register referred to in (a) without undue delay to the Office.
(2) The content, manner and form of keeping records referred to in paragraph 1 (a) and its retention shall be determined by implementing legislation.
(3) The Office shall keep a register:
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Regulation Information
| Citation | Act No. 336 / 2020 Coll., amending Act No. 19 / 1997 Coll., on certain measures related to the prohibition of chemical weapons and amending and supplementing Act No. 50 / 1976 Coll., on Territorial Planning and Construction Regulations (Construction Act), as amended, Act No. 455 / 1991 Coll., on Commercial Business (Trade Code), as amended, and Act No. 140 / 1961 Coll., Criminal Act, as amended, as amended, and other related laws |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 06.08.2020 |
|---|---|
| Effective from | 01.01.2021 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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