Full text of Act No. 349 / 2004 Coll.
Full text of Act No 353 / 1999 Coll., on the prevention of major accidents caused by selected hazardous chemicals and chemical products and amending Act No 425 / 1990 Coll., on District Offices, the modification of their responsibilities and on certain other measures related thereto, as amended (Act on the Prevention of Major Accidents), as resulting from subsequent amendments
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07.06.2004
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349
PRESIDENT OF THE GOVERNMENT
Announces
full text of Act No 353 / 1999 Coll.,
on the prevention of major accidents caused by selected hazardous chemicals and chemical products and amending Act No. 425 / 1990 Coll., on District Offices, the modification of their scope and on certain other measures related thereto, as amended (Act on the Prevention of Major Accidents), as resulting from the amendments made by Act No. 258 / 2000 Coll., Act No. 320 / 2002 Coll. and Act No. 82 / 2004 Coll.
THE LAW
on the prevention of major accidents caused by selected hazardous chemicals and chemical products (Law on the prevention of major accidents)
Parliament has decided on this law of the Czech Republic:
PREVENTION OF SERIOUS HAVARIES
INTRODUCTORY PROVISIONS
Subject matter
(1) The Act provides for a major accident prevention system for objects and equipment in which a selected hazardous chemical or chemical preparation is located in quantities equal to or greater than that listed in Annex 1 to this Act.
(2) The Act governs:
(a) the obligations of legal persons and business natural persons who own or use the object or installation referred to in paragraph 1, as well as the obligations of other legal persons and of commercial natural persons when ensuring the prevention of major accidents under this law;
(b) the manner in which the object or plant is to be classified in the relevant groups by type of plant and quantity of dangerous chemical or chemical preparation selected;
(c) the provision of information to the public in the prevention of major accidents in the premises or facilities where the selected hazardous chemical or chemical preparation is located;
(d) the performance of administrative offices in the major accident prevention section caused by selected hazardous chemicals or chemical products;
(e) the means of providing information on the occurrence and impact of a major accident.
(3) This law does not apply to:
(a) military objects and military equipment, 1a)
(b) landfill sites, (2)
(c) road, rail, air and water transport outside the premises and facilities, including temporary storage, loading and unloading during transport, 3)
(d) transport in pipelines, including related pumping stations built outside the facility and facility, 4)
(e) geological work, mining activities and activities carried out in a mining way, except for the storage of hazardous chemicals and preparations in objects or equipment on the surface; this exception is without prejudice to the provisions of specific provisions, 5)
(f) the risks associated with ionising radiation.6)
Basic concepts
For the purposes of this Act:
(a) prevention of organisational and technical measures or activities aimed at preventing a major accident and creating conditions to ensure mitigation measures for potential major accident and emergency preparedness;
(b) a dangerous substance selected by a chemical or chemical preparation which has one or more dangerous properties classified under a specific Regulation (7) and which are listed in Annex 1 to this Act;
(c) a major accident is an exceptional, partly or completely uncontrollable, time and space-bound event, such as a serious spill, fire or explosion that has arisen or is imminent in connection with the use of an object or device in which a dangerous substance is manufactured, processed, used, transported or stored and which results in a serious threat or serious impact on the lives and health of humans, livestock (8) and the environment or damage to property;
(d) the object of the whole space or, where appropriate, a set of spaces in which a dangerous substance is placed in one or more facilities, including common or related infrastructures and activities, in the use of the operator;
(e) a technical or technological unit in which a dangerous substance is manufactured, processed, used, transported or stored and which also includes all the parts necessary for operation, such as construction objects, pipelines, storage tanks, machinery, tugs and cargo spaces;
(f) the risk of developing specific effects in the specified period or under specified circumstances;
(g) by the operator, any legal person or an undertaking natural person who, on the date of application of this Act, uses or uses an object or device in which a dangerous substance is or will be placed in a quantity equal to or greater than that specified in column 1 of Table I or Table II of Annex 1 to this Act, or has been included in Group A or B by decision of the Regional Authority pursuant to Article 3 (5);
(h) the location of a dangerous substance of the intended quantity of the dangerous substance which is or will be produced, processed, used, transported or stored in an object or device or which may accumulate in an object or installation upon the occurrence of a major accident;
(i) the domino effect of the possibility of increasing the likelihood of a major accident arising from the location of undertakings or groups of undertakings and their hazardous substances;
(j) by expressing to the public, in writing, any natural or legal person's observations on the security programme for the prevention of a major accident or a security report or an external emergency plan, or by updating them during their public consultation (Section 13),
(k) State supervision of the Ministry of the Environment (hereinafter referred to as "Ministry") of compliance with the obligations laid down by this Act by the State in the major accident prevention sector;
(l) the emergency planning zone of the area surrounding the premises or facilities in which the regional authority, in whose territorial area the object or facility where the dangerous substance is located, (hereinafter referred to as the "Regional Authority") applies the emergency planning requirements in the form of an external emergency plan and in which it ensures public consultation of the specified documents,
(m) a source of risk (danger) the essential property of the dangerous substance and possible specific situations which may cause a major accident;
(n) emergency preparedness to prepare measures to prevent or at least mitigate the impact of accidents. It includes the development of scenarios for potential major accidents, response to potential major accidents, management of response to potential major accidents, as well as preparation of the means and tools necessary for response to major accidents,
(o) by a scenario a variant description of the development of a major accident, a description of the development of causative and sequential events and sequentially occurring events, both spontaneously occurring and events taking place as activities of people to manage the course of the accident.
GENERAL PROVISIONS
General conditions for the prevention of major accidents
(1) Any legal person or undertaking natural person who uses or will own or use an object or plant in which a dangerous substance is or will be placed shall be required to include an object or plant in the relevant group where the quantity of dangerous substance placed in an object or plant is equal to or greater than that specified in column 1 of Table I or Table II of Annex 1 to this Act.
(2) Where more dangerous substances are placed in an object or installation in quantities less than those indicated in column 1 of Table I or Table II of Annex 1 to this Act, each legal person or undertaking natural person using such an object or installation shall carry out the sum of the relative quantities of dangerous substances placed in accordance with the formula set out in Annex 1 to this Act.
(3) A legal person or an undertaking natural person referred to in paragraphs 1 and 2 shall propose the inclusion of an object or installation in Group A as set out in Annex 1 to this Act (hereinafter referred to as Group A) if:
(a) the quantity of dangerous substance placed on the premises or equipment is equal to or greater than that indicated in column 1 and is less than that indicated in column 2 of Table I or Table II of Annex 1 to this Act; or
(b) the sum of the relative quantities of dangerous substances determined in accordance with the formula and under the conditions set out in Annex 1 to this Law is equal to or greater than 1.
(4) A legal person or an undertaking natural person referred to in paragraphs 1 and 2 shall propose the inclusion of an object or installation in Group B as referred to in Annex 1 to this Law if:
(a) the quantity of dangerous substance placed on the premises or equipment is equal to or greater than that indicated in column 2 of Table I or Table II listed in Annex 1 to this Act (group B); or
(b) the sum of the relative quantities of dangerous substances determined in accordance with the formula and under the conditions set out in Annex 1 to this Law is equal to or greater than 1.
(5) The Regional Authority shall assess and evaluate the design of the classification of an object or device in Group A or B and the possibilities of developing a domino effect arising from the location of the surrounding objects or equipment and the type and quantity of hazardous substances placed therein. On the basis of the draft classification and assessment of the possibility of domino effect, the Regional Authority shall issue a decision on the classification of the object in Group A or Group B to a legal person or an undertaking using a designated object or installation, and shall not be bound by whether or not the legal persons or entities involved have proposed to include at least one of the objects or facilities under Group A in accordance with paragraph 3 or Group B in accordance with paragraph 4.
(6) Legal persons or legal entities whose object or establishment has been assigned to Group A or B by a decision of the Regional Authority pursuant to paragraph 5 shall be required to fulfil all obligations of the operators of objects or installations who have proposed their classification in Group A pursuant to paragraph 3 or Group B pursuant to paragraph 4 and shall cooperate with each other in the risk analysis and assessment, in the processing of a major accident prevention security programme (the programme) or safety reports and emergency plans under this law.
(7) A legal person or an undertaking natural person whose object or establishment has been assigned to group A or B by a decision of the Regional Authority pursuant to paragraph 6 shall be required to fulfil all obligations of the operators of objects or equipment listed in group A pursuant to paragraph 3 or group B pursuant to paragraph 4.
(8) Where a legal person or an operating natural person who has fulfilled obligations under paragraphs 1 and 2 finds that it is not subject to obligations under this law, he shall be obliged to record this fact on a protocol basis, send a copy to the Regional Office and submit to the inspection authorities pursuant to § 22, including the identification and quantity of hazardous substances placed.
Insolvency insurance
(1) The operator is obliged to negotiate liability insurance for damage caused by a major accident (9) within 100 days of the entry into force of the decision of the Regional Authority to approve documentation. This provision is without prejudice to statutory insurance under a specific regulation. 10)
(2) An operator shall be required to be insured in accordance with paragraph 1 as long as it fulfils the conditions for the classification of an object or installation in Group A or B pursuant to § 3.
(3) The operator shall negotiate the insurance referred to in paragraph 1 before putting the new object or equipment into testing operations; if the test operation is not carried out before being put into permanent use.
(4) The amount of the insurance amount proposed by the operator shall correspond to the extent of the potential impact of the major accident expressed in the approved programme or in the approved safety report referred to in paragraphs 7 to 9.
(5) The operator shall submit to the Regional Authority a certified copy of the liability insurance contract which may result from a major accident no later than 30 days after the date of its conclusion.
(6) The operator shall notify the Regional Authority without delay of any change in the insurance referred to in paragraph 1.
OBLIGATIONS OF THE OPERATOR
Analysis and assessment of major accident risks
(1) An operator is required to carry out a major accident risk analysis and assessment.
(2) The analysis and assessment of the risks of a major accident must include in particular:
(a) identification of sources of risk (danger);
(b) identification of the causes and possible accident scenarios which may result in a major accident;
(c) an assessment of the impact of major accident scenarios on human health and lives, livestock, environment and property;
(d) an estimate of the likelihood of major-accident scenarios;
(e) risk assessment;
(f) assessing the acceptability of major accident risks;
(g) draft technical security measures to reduce the risk of major accidents.
(3) The Ministry lays down by implementing legislation the principles for the analysis and assessment of major accident risks.
Classification of an object or installation in a group A or B
(1) The application for the inclusion of an object or plant in the relevant group shall be a document by which the operator shall notify the Regional Authority of the basic identification details of the object or equipment, listing the dangerous substances placed according to their type and quantity and the design of the inclusion of the object or equipment in Group A or B pursuant to § 3 (3) or (4). The design of the classification shall be drawn up by the operator in accordance with the model set out in Annex 2 to this Act and submitted to the Regional Authority in one written copy and in electronic form.
(2) The application for inclusion referred to in paragraph 1 shall be submitted by the operator of the new building or installation to the Regional Authority at the same time as the declaration of the submission of the application for the opening of the territorial procedure for its location, or, where appropriate, the submission of an application for a building permit or an application for an additional building permit pursuant to a special Regulation (11), in the absence of a territorial decision.
(3) An application for inclusion after a change in the conditions of an object or installation shall be submitted by the operator to the Regional Authority within 1 month of any change in the type or quantity of dangerous substances placed in excess of 10% of the existing quantity or any change in the technology in which the dangerous substance is used, provided that such changes result in a change in the safety of the use of the object or equipment. This notification shall be delivered by the operator to the Regional Authority within 1 month of the termination of the establishment or establishment or of the date on which it ceases to be subject to obligations under this Act.
(4) The Regional Authority shall issue to the operator a decision on the inclusion of an object or plant in Group A or B or the decommissioning of an object or plant from Group A or B. The Regional Authority shall determine in this Decision the number of copies, including an electronic version of the dossier, in respect of the number of administrative offices or units concerned.
Major accident prevention security programme
(1) The major accident prevention programme (hereinafter referred to as the programme) is a document prepared by the operator setting out a safety management system in the building or installation.
(2) Operator of a group object or installation And he is obliged to process the program and follow it in such a way as to ensure that the Ministry provides a level of protection of the life and health of persons and the environment by appropriate means, components and management systems.
(3) In the programme, the operator shall specify:
(a) the overall objectives and principles for preventing a major accident;
(b) a description of the safety management system ensuring that the objectives set are met.
(4) The Ministry shall establish by implementing legislation the structure of the safety management system, the scope and manner of processing of the programme and the level of protection of life and health of persons and the environment.
(5) The operator shall, on the basis of a communication from the Regional Authority to the Programme, include preventive safety measures relating to the possible emergence of a domino effect.
(6) An operator of an existing facility or facility shall submit a programme for approval to the Regional Authority. An operator who will set up a new building or a new installation by building or changing use shall submit a programme for the approval of the Regional Authority, together with a declaration of the submission of a proposal for a territorial decision on the location of the building or installation, where appropriate, on the submission of an application for a building permit or an application for an additional building permit (11) where a territorial decision has not been issued.
(7) The Regional Authority shall send a programme or update thereof containing the required particulars without delay to the Ministry, the administrative departments concerned and the municipalities concerned for the purpose of informing the public. The Ministry and the administrative authorities concerned shall send their observations to the Regional Office on the programme or on its updating no later than 60 days after the date of receipt. Within the same time limit, the county authorities of the municipality concerned shall send their observations and observations to the public (§ 13).
(8) The Regional Office, on the basis of the opinion of the Ministry, the administrative offices concerned, the municipalities concerned and the public, shall, within 90 days of the submission of the programme, issue a decision approving the programme or updating it, or invite the operator to remedy the deficiencies identified in the programme. The Regional Office shall send a copy of its decision to the Ministry for information.
(9) The operator shall provide evidence of staff with an approved programme and other natural persons present at the premises or in the case of an installation with evidence of major accident risks, preventive safety measures and their desirable behaviour in the event of a major accident.
(10) The operator shall ensure that the programme is updated without delay after any change in the type or quantity of dangerous substance placed above 10% of the existing quantity or any change in the technology in which the hazardous substance is used, if such change results in a change in the safety of the use of the object or equipment. The update shall be submitted by the operator to the Regional Authority for approval within one month of the date of the change in accordance with the first sentence.
(11) The use of a new object or installation shall not commence until the decision to approve the programme has been taken by the Regional Authority. The operator of the new building or installation is obliged to submit a final decision to the Regional Authority on the approval of the programme for approval to the approval procedure. This Decision shall also be submitted by the operator to the application for authorisation of changes in the use of the construction site, (11) if the new purpose of the use of the building would be related to the location of the dangerous substance listed in Annex 1 to this Act.
Security report
(1) The safety report is an operator-processed document in which the operator shall indicate in each chapter:
(a) information on the management system and organisation of the undertaking with regard to the prevention of a major accident (the security programme referred to in Section 7);
(b) information on environmental components at the site of the object or installation;
(c) a technical description of the object or equipment;
(d) the procedure and results of the identification of the sources of risk (hazards), risk analysis and assessment and prevention methods;
(e) measures to protect and intervene to limit the impact of a major accident.
(2) An operator of an object or installation shall process and follow a safety report in case of inclusion of an object or installation in Group B.
(3) The content of the chapters referred to in paragraph 1 is laid down by the Ministry by implementing legislation.
(4) The operator of the existing building or installation shall submit a safety report to the Regional Authority for approval. An operator setting up a new building or a new installation by building or changing its use shall submit a safety report for approval, together with a declaration of application for a territorial decision on the location of the building or installation, where appropriate, on the submission of an application for a building permit or an additional building permit (11) where a territorial decision has not been issued.
(5) The Regional Authority shall send a security report or an update thereof containing the required formalities without delay to the Ministry, the administrative departments concerned and the municipalities concerned for the purpose of informing the public. The Ministry and the administrative authorities concerned shall send their observations to the Regional Office on the safety report or its update no later than 60 days after the date of receipt. Within the same time limit, the county authorities of the municipality concerned shall send their observations and observations to the public (§ 13).
(6) The Regional Authority, on the basis of the opinion of the Ministry, the administrative authorities concerned, the municipalities concerned and the public concerned, shall, within 90 days of the submission of the safety report, issue a decision approving the safety report or updating it, or invite the operator to remedy the identified deficiencies in the safety report. The Regional Office shall send a copy of its decision to the Ministry for information.
(7) The use of a new object or equipment shall not commence until the decision to approve the safety report has become final by the Regional Authority. The operator of the new building or installation is obliged to submit a final decision to the Regional Authority on the approval of the safety report for approval for approval of the approval procedure. This Decision shall also be submitted by the operator to the application for authorisation of changes in the use of the construction site, (11) if the new purpose of the use of the building would be related to the location of the dangerous substance listed in Annex 1 to this Act.
(1) An operator shall ensure, without delay, an update of the safety report after any change in the type or quantity of dangerous substances placed in excess of 10% of the existing quantity or any change in the technology in which the hazardous substance is used if such changes result in a change in the safety of the use of the object or equipment. The update shall be submitted by the operator to the Regional Authority for approval within one month of the date of the change in accordance with the first sentence.
(2) The operator shall ensure the assessment of the safety report no later than 5 years after the date of its approval, update or prior assessment and submit to the Regional Authority within that period a report on the outcome of that assessment for registration and archiving.
(3) An operator shall, on the basis of a communication from the Regional Authority, include in the safety report preventive safety measures relating to the possible occurrence of a domino effect due to the location of an object or device in relation to another object or device in which a dangerous substance is placed in a quantity equal to or less than that specified in Annex 1 to this Act, or by the interaction of such objects or equipment.
Physical protection plan
(1) An operator of an object or installation which is classified in Group A or B as referred to in Section 3 is obliged to process the physical protection plan of an object or installation (hereinafter referred to as the physical protection plan).
(2) The physical protection plan shall specify the security measures:
(a) an analysis of the possibilities of unauthorised activities and any attack on objects or equipment referred to in paragraph 1;
(b) arrangements;
(c) physical surveillance;
(d) technical means; and
(e) a record of the performance of the functional tests of the alarm system.
(3) The physical protection plan and its changes are sent by the operator of the premises or facilities to the Regional Office and the local authorities of the Police of the Czech Republic.
(4) The operator shall take and ensure security measures for the physical protection of objects or equipment as specified in the physical protection plan.
(5) The performance of the security measures referred to in paragraph 2 (b) to (d) must be checked by the operator at least once a year. A record of the functional tests carried out shall be kept for three years.
(6) The security measures contained in the physical protection plan must be kept confidential by the operator's staff, administrative staff and other persons who have become acquainted with them in the context of the performance of their duties and do not provide information on them under the Specific Law 11a). The obligation of confidentiality shall continue after the termination of the employment or work concerned.
(7) Details of the security measures referred to in points (b) to (d) of paragraph 2 shall be laid down by the operator by an internal regulation to the extent provided for in the Decree issued by the Ministry of Industry and Trade in cooperation with the Ministry of Interior and the Ministry.
_
The emergency plan is a document detailing the activities and measures carried out in the event of a major accident to mitigate its impact, in particular the major accident response scenarios, modified to local specifics and, where appropriate, the timescale of several events.
(a) within or in the case of an installation (the internal emergency plan); or
(b) in the vicinity of the building or facility ("the external emergency plan").
Internal emergency plan
(1) An operator processing a safety report pursuant to Sections 8 and 9 is obliged to process an internal emergency plan. The internal emergency plan shall provide for measures within the facility or facility to prevent a major accident and to mitigate its impact when a major accident occurs. 12)
(2) In the internal emergency plan, the operator shall indicate:
(a) the names, surnames and functional classifications of natural persons to be authorised by the operator to implement the preventive safety measures referred to in the internal emergency plan and which are related to the Regional Authority and its designated authorities and organisations;
(b) scenarios of possible accidents, scenarios of response to possible accidents, scenarios of management of response to possible accidents and matrix of responsibility for each phase of response to possible accidents;
(c) a description of the possible consequences of a major accident and the expression of the damage that may be caused by a major accident;
(d) a description of preventive safety measures to protect human life and health, livestock, environment and property;
(e) a description of the activities necessary to mitigate the impact of a major accident;
(f) an overview of the means of intervention available to the operator;
(g) the way in which the administrative authorities concerned are notified and the warnings of people;
(h) emergency exercise plan.
(3) Other emergency management plans prepared by the operator and approved under the Specific Regulations (13) form part of the internal emergency plan and form a separate annex.
(4) The operator of an existing building or installation shall submit an internal emergency plan for registration and archiving and, where appropriate, for further use for the purpose of establishing an external emergency plan for the Regional Authority. The operator of the new building or installation shall draw up and submit an internal emergency plan to the Regional Authority for registration and archiving no later than 6 months before the establishment or installation is put into test operation; in the case where the test operation is not carried out, within the same period before being put into permanent use. 11)
(5) The operator is obliged to:
(a) ensure that the internal emergency plan is updated within 1 month of any change in the type or quantity of dangerous substances in excess of 10% of the existing quantity or any change in the technology in which the hazardous substance is used, where such changes result in a change in the safety of the use of the object or equipment and in organisational changes affecting the safety assurance system;
(b) submit to the Regional Authority without delay an update of the internal emergency plan for registration and archiving and, where appropriate, for further use for the purpose of drawing up the external emergency plan;
(c) include, on the basis of a communication from the Regional Authority in the internal emergency plan, preventive safety measures relating to the possibility of a major accident domino effect due to the location of the object or device in relation to another object or installation in which a dangerous substance is placed in quantities equal to or less than the amount specified in Annex 1 to this Act, or by the interaction of such objects or equipment;
(d) consider, in the internal emergency plan, measures to mitigate the impact of a major accident and the associated location of an object or installation in relation to transport or technical infrastructure, residential services or significant landscape elements;
(e) ensure that the internal emergency plan is examined in the light of its current nature at least every 3 years from the date on which the internal emergency plan became a valid document. This date must be indicated in the document including the signature of the authorised person,
(f) inform employees and other natural persons present at the premises or in the case of installations of the risks of a major accident, of preventive security measures and of their desirable behaviour in the event of a major accident;
(g) follow an internal emergency plan where a major accident cannot be averted or a major accident has already occurred;
(h) to impose an internal emergency plan in such a way as to make it available to persons authorised to implement the measures of the internal emergency plan and to authorised representatives of administrative offices.
(6) The Ministry provides for the scope and manner of processing of the internal emergency plan by implementing legislation.
External emergency plan
(1) An operator processing a safety report is required to:
(a) draw up and submit to the Regional Authority written documentation for the establishment of the emergency planning zone and for the development of an external emergency plan at the same time as the submission of a safety report;
(b) to cooperate with the Regional Office and with its designated organisations and institutions to ensure emergency preparedness in the emergency planning zone.
(2) The written documentation for the establishment of the emergency planning zone and for the development of an external emergency plan shall include in particular:
(a) name and surname (s), place of residence of foreigners and permanent residence with citizens of the Czech Republic (registered office), operator identification number if assigned,
(b) the name and surname of the natural person responsible for processing the supporting documents;
(c) a description of the major accident which may occur in the building or installation and the effects of which may be manifested outside the object or installation;
(d) an overview of the possible impacts of a major accident on human life and health, livestock, the environment and property, including ways of effectively protecting against such impacts;
(e) an overview of preventive safety measures to mitigate the impact of a major accident;
(f) a list and a description of the technical means available to remove the consequences of a major accident which are located outside the operator's premises or facilities;
(g) other necessary data requested by the Regional Authority (e.g. a more detailed specification of technical means for the disposal of major accidents, a more detailed plan of escape routes and evacuation areas), as well as data requested under a specific regulation. 13a)
(3) The operator shall submit to the Regional Authority documentation for the establishment of the emergency planning zone and for the development of an external emergency plan no later than 6 months before the start of the use of the new facility or facility where the hazardous substance will be placed.
(4) The Regional Authority shall establish an emergency planning zone and draw up an external emergency plan for it. When drawing up an external emergency plan, it shall evaluate the possibility of a domino effect and take into account the legitimate comments made by the public and municipalities in the emergency planning zone as well as the comments made by the administrations concerned. The development of an external emergency plan shall be carried out in accordance with specific legislation. 13a)
(5) The Regional Authority shall update the external emergency plan no later than 4 months after receiving the updated data from the operator on any change in the type or quantity of dangerous substance placed or any change in the technology in which the hazardous substance is used, provided that such changes result in a change in safety in the emergency planning zone.
(6) The Regional Authority shall ensure that the external emergency plan is examined in the light of its current nature at least every 3 years from the date of its approval, prior verification and, where appropriate, updating.
(7) According to the external emergency plan, the Regional Authority shall proceed when a major accident cannot be averted or a major accident has already occurred.
(8) Where an object or plant containing a dangerous substance is located in the territory of two or more regions and the competent regional authorities do not agree on which one of them sets an emergency planning zone and draws up an external emergency plan for it, the Ministry of the Interior shall determine which, in such a case, an emergency planning zone shall be established and an external emergency plan drawn up for it. The competent regional authorities shall cooperate with each other in setting the emergency planning zone and in drawing up the external emergency plan. The Regional Authority which has drawn up the external emergency plan shall provide it to the other regional emergency planning authorities.
(9) The Regional Authority shall send the external emergency plan after its approval to the relevant essential components of the integrated rescue system.
(10) The Ministry shall establish the scope and manner of processing of the documentation for the establishment of the emergency planning zone and for the development of an external emergency plan.
(11) The Ministry of the Interior shall lay down by implementing legislation principles for the establishment of an emergency planning zone and the scope and manner of drawing up an external emergency plan.
PUBLIC PARTICIPATION
Public participation in the discussion of the programme, the security report and the external emergency plan
(1) The Regional Authority will ensure public consultation of the programme, the security reports and the external emergency plan, including updates thereof.
(2) The Regional Authority will send a programme, a security report and an external emergency plan or update them to the authorities concerned and to the municipalities concerned. The municipality shall notify the public, in a manner that is normal within 15 days of the date of receipt of the programme, of the security report, of the external emergency plan or of any updates thereof, when and where the programme, the security report and the external emergency plan can be consulted, of extracts, copies or copies, as appropriate. Public consultation of the programme, safety reports, external emergency plans or updates thereof shall be allowed for a period of 30 days from the date of notification. Within that period, any natural or legal person may apply written observations to the programme, the security report, the external emergency plan or update them.
(3) An operator may omit only information from the programme, the security reports or any updates thereof to which public consultation will be allowed, the disclosure of which could lead to the disclosure of business secrets, 13b) classified information 13c) or special facts. (13d) This information shall be provided in a copy bearing the date and signature of the statutory authority which the operator sends to the Regional Authority for the purposes of obtaining consent pursuant to Article 20 (1) (b).
(4) The subject matter of commercial secrecy, 13b) classified information (13c) or special facts (13d) for the purposes of public consultation shall not be identified as the type or quantity of dangerous substance placed in the premises or facilities listed in Annex 1 thereto.
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Regulation Information
| Citation | Full text of Act No. 349 / 2004 Coll., Act No. 353 / 1999 Coll., on the prevention of major accidents caused by selected hazardous chemicals and chemical products and amending Act No. 425 / 1990 Coll., on district offices, the modification of their responsibilities and on certain other measures related thereto, as amended (Act on the prevention of major accidents), as resulting from subsequent amendments |
|---|---|
| Regulation Type | Declared full text |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 07.06.2004 |
|---|---|
| Effective from | - |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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