Government Decree No. 36 / 2003 Coll.
Government Regulation amending Government Decree No. 462 / 2000 Coll., implementing Sections 27 (8) and 28 (5) of Act No. 240 / 2000 Coll., on Crisis Management and on the Amendment of Certain Acts (Crisis Act)
Valid
Effective from 11.02.2003
36
GOVERNMENT REGULATION
of 8 January 2003
amending Government Decree No. 462 / 2000 Coll., implementing Sections 27 (8) and 28 (5) of Act No. 240 / 2000 Coll., on Crisis Management and on the Amendment of Certain Laws (Crisis Act)
The Government orders the implementation of Act No. 240 / 2000 Coll., on Crisis Management and on the Amendment of Certain Acts (Crisis Act), as amended by Act No. 320 / 2002 Coll.:
Government Decree No 462 / 2000 Coll. is amended as follows:
1. In Article 1, the following paragraph 1 is inserted:
"(1) The specific facts are information in the area of crisis management that could lead to a threat to the life, health, property, environment or business interest of a legal person, or to a natural person engaged in a business activity under special legislation1 (hereinafter referred to as" the person involved ').
1) For example trade law, trade code. '
Paragraphs 1 and 2 shall be renumbered paragraphs 2 and 3 and footnote 1 shall be renumbered footnote 1), including the reference to this footnote.
2. The heading of Section 2 reads as follows: "Determination of the system for the registration of documents."
3. The heading of Section 4 reads as follows: "Determination of the procedure for storing documents."
4. The heading above Section 6 reads as follows: "Content of the activities and composition of the Security Council and of the Regional Crisis Staff and the Municipality designated by the Fire Department of the Region."
5. in Article 6 (1), the following point (c) is inserted after point (b):
"(c) a regional emergency plan,"
Points (c) to (j) shall be renumbered (d) to (k).
6. in Article 6 (1) (e), the word 'method' is replaced by 'concept' and, at the end of the text of (e), the words' and its elaboration in the plans for each safeguard measure 'are added.
7. In Article 6 (1) (f), the words "level of action 'are replaced by" status report' and the words "and proposals for the development of such systems' are added at the end of the text (f).
8. in Article 6 (1) (g):
"(g) financial security of the preparation and management of emergency and emergency situations within the territory of the region, including information on compensation for the limitation of the right to property or use and the provision of assistance and compensation for damage arising from rescue and disposal operations or training in the intervention of the integrated rescue system;"
9. in Article 6 (1) (h), the words "regional authorities" shall be replaced by "other regions."
10. in Article 6 (1) (j):
"(j) documents related to the crisis preparedness of the county and the activities of the integrated rescue system in the county,"
11. in Article 6 (1), at the end of point (k), the dot is replaced by "a" and the following point (l) is added:
"(l) the way in which municipalities, legal and natural persons with the nature of threats within the territory of the region and crisis measures are introduced.";
12. in Paragraph 6 (2) of the introductory part of the provision, the word 'further' is replaced by 'always'.
13. in Paragraph 6 (2) (a), the word "assesses" shall be deleted;
14. in Article 6 (2) (b) and (c), including footnote (10a) and (11):
"(b) documentation of the municipalities to which the district fire brigade has imposed an obligation to develop selected tasks of the regional crisis plan (10a) (hereinafter referred to as" designated municipalities "); and
(a) annual reports on the activities and preparedness of the components of the integrated rescue system11) in the county and, where appropriate, proposes strengthening those components.
10a) § 15 paragraph 4 (a) of Act No. 240 / 2000 Coll., as amended by Act No. 320 / 2002 Coll.
11) Article 4 of Act No. 239 / 2000 Coll., on the Integrated Rescue System and on the amendment of certain laws, as amended by Act No. 320 / 2002 Coll. '
15.
"(c) a member of the Police of the Czech Republic designated by the Police President,"
16. in Article 7 (e):
"(e) a member of the Czech Army designated by the Chief of Staff of the Czech Army,"
17.
Content of the activities of the Security Council of the designated municipality
The Security Council of the designated municipality shall discuss:
(a) ensuring the readiness of the administrative district designated by the municipality to crisis situations, including proposals for measures;
(b) the development of the tasks of the regional crisis plan imposed by the Fire Rescue Corps;
(c) an annual report on the status of persons warning devices in the administrative district of the designated municipality and the way in which the replacement warning is ensured;
(d) a plan to evacuate persons from the vulnerable territory of the administrative district of the designated municipality;
(e) a report on the operation and readiness of the components of the integrated rescue system located in the administrative district of the designated municipality;
(f) a proposal for the volume of funding in the budget of the designated municipality, dedicated to ensuring preparation for crisis situations in the administrative district of the designated municipality;
(g) information on the financing of crisis measures in the administrative district of the designated municipality in the declared crisis situation during the previous financial year;
(h) the way in which legal and natural persons are informed of the nature of the potential threat to the administrative district of the designated municipality, the crisis measures prepared and the manner in which they are implemented;
(i) the method of collecting the necessary data on persons who temporarily change residence at a time of crisis;
(j) a report on the assessment of the crisis situation and the measures taken;
(k) an external emergency plan; and
(l) conditions for the emergency survival of the population. ';
18.
Composition of the Security Council of the designated municipality
The Security Council of the designated municipality shall have a maximum of 8 members and the Mayor of the designated municipality shall appoint its members at all times.
(a) the Deputy Mayor,
(b) the Secretary of the Municipal Office, where this function is established,
(c) a member of the Police of the Czech Republic designated by or designated by the Police President;
(d) a member of the fire brigade of the county designated by the Director of the fire brigade of the region or appointed by the official of the region;
(e) the commander of a voluntary fire department designated by the municipality, where that body is established; and
(f) the staff member of the designated municipality, who shall at the same time be appointed as Secretary of the Security Council of the designated municipality. ';
19. Sections 10 and 11 shall be deleted, including the headings.
20. The heading of § 12 reads: "Content of the activities of the crisis staff of the county and designated municipalities."
21. Paragraph 12 (1) to (3), including footnote 12, reads:
"(1) The Regional Crisis Staff shall be convened by the Governor and the Regional Crisis Staff shall be convened by the Mayor if:
(a) a state of crisis is declared for the whole or part of the territory of the State falling within the competence of the crisis management authority;
(b) a state of danger is declared for the whole or part of the territory falling within the competence of the crisis management authority;
(c) use it to coordinate rescue and disposal operations;
(d) is called upon by the Ministry of the Interior in the central coordination of rescue and disposal operations, 12); or
(e) it is a task performed during the exercise.
(2) The Regional Crisis Staff or the designated municipality shall be convened operationally, in particular to discuss essential issues relating to the resolution of the crisis situation and the adoption of crisis measures linked to the necessary limitation of fundamental rights and freedoms.
(3) The Regional Crisis Staff shall assess the adequacy of the crisis measures taken in the designated municipalities and propose their suspension, amendment or cancellation. In the event of serious deficiencies at a time of crisis, it recommends the transfer of the mayor's duties to agents.
12) Sections 7 (3), 11 (c) and 13 (a) of Act No. 239 / 2000 Coll., as amended by Act No. 320 / 2002 Coll. '.
22. in Article 12 (4) (d):
"(d) organizes connections with crisis staff of designated municipalities, counties and crisis staff of the Ministry of Interior,"
23. The heading of Section 13 reads: "Composition of the crisis staff of the county and designated municipalities."
24. In Section 13 (1) of the introductory part of the provision, the word "district 'is deleted.
25. in Paragraph 13 (2) (b):
'(b) the staff of the Regional Office or the municipal office designated by the municipality; and';
26. In Article 13, the following paragraph 3 is added:
"(3) The Head of Crisis Staff shall decide, depending on the type of crisis or incident, to put the working group or part of it on alert and the profession of persons referred to in paragraph 2 (b) and (c). ';
27. in Paragraph 14, the following paragraph 2 is inserted after paragraph 1:
"(2) If the mayor of the municipality sets up a crisis management staff of the municipality, 12a) applies mutatis mutandis § 12 and 13.
12a) § 23 (2) of Act No. 240 / 2000 Coll. '
Paragraph 2 shall become paragraph 3.
28. footnote 13 shall read:
"13) § 9 (1) (b), § 13 (2), § 15 (2) (b) and § 28 (2) of Act No. 240 / 2000 Coll., as amended by Act No. 320 / 2002 Coll. '
29. in Article 15 (3), including footnotes 14) to 16):
"(3) The Annex to the Crisis Plan shall consist of the documents necessary to deal with the crisis situation, in particular:
(a) an overview of the forces and resources, including their number and usability;
(b) a catalogue of crisis measures, containing the principles and procedure for implementing crisis measures;
(c) the type plans by which the Central Administrative Office shall determine, in accordance with its competence, the recommended type procedures, principles and arrangements for dealing with each type of crisis situation;
(d) flood and emergency plans prepared under specific legislation14) and other operational plans which establish procedures, principles, measures, forces and means for its resolution, deployment and security for a particular type of crisis situation within the territory;
(e) the plan for the necessary deliveries, prepared under specific legislation, 15)
(f) a plan for economic mobilisation drawn up in accordance with specific legislation, 16)
(g) an action plan for the processor of a crisis plan setting out the procedures and deadlines for ensuring preparedness for the performance of tasks in crisis situations and measures to ensure its own protection against the consequences of crisis situations; and
(h) connection plans, material technical and medical security and topographical maps with identified risks and threat management.
14) For example, water law and energy law.
15) Paragraph 2 (1) (c) of Act No. 241 / 2000 Coll., on economic measures for crisis situations and amending certain related laws.
16) § 2 (1) (e) of Act No. 241 / 2000 Coll. '.
30. In Article 15, the following paragraph 4 is added:
"(4) The development of a regional crisis plan by the municipal authority designated by the municipalities shall be broken down in accordance with paragraph 1 and shall include in the annex the documents designated by the fire department of the county. ';
31. Paragraph 16, including the title, reads:
Method of processing the regional crisis plan
The Fire Department of the Region before processing the regional crisis plan and the municipal authority designated by the municipality before developing the regional crisis plan shall discuss the relevant security council in the territory
(a) the focus and scope of the regional crisis plan;
(b) the identification of the person responsible for coordinating the regional crisis plan;
(c) the allocation of responsibilities for the processing of parts of the regional crisis plan or its development between the members of the Security Council and the timetable for its processing;
(d) the scope of cooperation with other actors involved in the regional crisis plan;
(e) the date of the discussion of the regional crisis plan or the development of the regional crisis plan for the conditions determined by the municipality in the Security Council;
(f) the rules governing the handling of the regional crisis plan during its processing; and
(g) the dates of the ongoing checks and the dates for the processing of the regional crisis plan or the development of the regional crisis plan into the conditions of the designated municipality. ';
32. in Article 17 (2) (a), the words "competence and responsibility" shall be replaced by the words "business subject," and at the end of the text in point (a), the words "tasks and measures which were the reason for the crisis preparedness plan."
33.In Article 17 (2), the words "and emergency preparedness" shall be added at the end of the text of point (b).
34. In Article 17 (3), at the end of the introductory part of the provision, the words "the documents necessary to deal with the crisis situation, in particular 'shall be added.
35. in Article 17 (3) (a), the words "competent authority of crisis management" shall be inserted after the words "crisis plan."
36. in Article 17 (3) (d) and (e), including footnotes (16a) and (17):
"(d) an internal emergency plan, where it is processed by a legal or business natural person under special legislation, 16a)
(e) economic mobilization measures plan for designated economic mobilization entities, 17)
16a) For example, Decree No 8 / 2000 Coll., laying down the principles for the assessment of the risks of a major accident, the scope and manner of processing of the security programme for the prevention of a major accident and safety reports, the processing of internal emergency plan, the processing of documentation for the establishment of an emergency planning zone and the development of an external emergency plan and the extent and manner of information to be provided to the public and the procedure for ensuring information to the public in the emergency planning zone, Decree No 219 / 1997 Coll., on details to ensure emergency preparedness of nuclear installations and sites with sources of ionising radiation, and on requirements for the content of the internal emergency plan and emergency order.
17) § 16 of Act No. 241 / 2000 Coll. '.
37. in Article 17 (3) (f), the words "threats," and "are replaced by" situations, "
38. in Article 17 (3), the following point (g) is inserted after point (f):
"(g) an overview of the contracts concluded and other documents between the legal or undertaking natural person and the competent authority of the crisis management or processor of the crisis plan; and"
Point (g) shall be renumbered as point (h).
Efficacy
This Regulation shall enter into force on the day of its publication.
Prime Minister:
PhDr. Špidla v. r.
1. Deputy Prime Minister and Minister of the Interior:
Mgr. Gross v. r.
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Regulation Information
| Citation | Government Decree No. 36 / 2003 Coll., amending Government Decree No. 462 / 2000 Coll., implementing Sections 27 (8) and 28 (5) of Act No. 240 / 2000 Coll., on Crisis Management and on the Amendment of Certain Laws (Crisis Act) |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 11.02.2003 |
|---|---|
| Effective from | 11.02.2003 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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