Act No. 376 / 2007 Coll.
Act amending Act No. 61 / 1988 Coll., on Mining Activities, Explosives and State Mining Administration, as amended, and Act No. 200 / 1990 Coll., on Infringements, as amended
Valid
Law
Effective from 30.01.2008
Zobrazeno prvních 200 z celkem 501 ustanovení tohoto předpisu.
Zobrazit celý předpis →
Pro stažení celého znění použijte tlačítko Stáhnout výše.
376
THE LAW
of 6 December 2007
amending Act No. 61 / 1988 Coll., on Mining, Explosives and State Mining Administration, as amended, and Act No. 200 / 1990 Coll., on Infringements, as amended
Parliament has decided on this law of the Czech Republic:
Amendment of Act No. 61 / 1988 Coll., on Mining Activities, Explosives and State Mining Administration
Act No. 61 / 1988 Coll., on Mining Activities, Explosives and State Mining Administration, as amended by Act No. 425 / 1990 Coll., Act No. 542 / 1991 Coll., Act No. 169 / 1993 Coll., Act No. 128 / 1999 Coll., Act No. 71 / 2000 Coll., Act No. 124 / 2000 Coll., Act No. 315 / 2001 Coll., Act No. 206 / 2002 Coll., Act No. 320 / 2002 Coll., Act No. 226 / 2003 Coll., Act No. 227 / 2003 Coll., Act No. 227 / 2003 Coll., Act No. 3 / 2005 Coll., Act No. 386 / 2005 Coll., Act No. 186 / 2006 Coll., Act No. 313 / 2006 Coll., Act No. 342 / 2006 Coll., is amended as follows:
1. Paragraph 1, including the title and footnotes Nos 1 and 1b to 1h, reads:
Subject matter
(1) This law implements the relevant provisions of the European Community1) and provides for
(a) the conditions for carrying out mining and mining activities;
(b) the conditions for handling explosives and explosive articles;
(c) conditions for the safe operation of underground objects;
(d) conditions for the safety and health of persons, safety of operation and protection of the working environment in the activities referred to in (a) and (b);
(e) the organisation and competence of the authorities of the State Mining Administration.
(2) This Act also applies to explosives when they have been transferred from the possession of the armed forces of the Czech Republic (1b), the armed security corps (1c), the intelligence services of the Czech Republic (1d), the General Directorate of the Cel1e (1), the Czech Fire Rescue Corps or the Czech Office for the Testing of Weapons and Artillery (1f) to the possession of organisations authorised to dispose of explosives under this Act.
(3) This law does not apply to:
(a) explosives, explosive articles and equipment which are held for their needs by the armed forces of the Czech Republic, armed security forces, intelligence services of the Czech Republic, the Directorate-General of Customs, the Czech Office for the Testing of Weapons and Ammunition or the Czech Fire Rescue Corps for the performance of the service 1g),
(b) explosives, explosive articles and equipment which are held for their needs by the armed forces and forces of other States when they are present in the territory of the Czech Republic, when passing through the territory of the Czech Republic or when crossing over the territory of the Czech Republic, where this results from an international agreement which the Czech Republic is bound by,
(c) ammunition, pyrotechnic articles and military munitions (1h);
(d) underground objects under the supervision of the Ministry of Defence, the Ministry of Interior, the Ministry of Transport and the Ministry of Justice,
unless otherwise provided for in this law.
(4) That law was notified in accordance with Directive 98 / 34 / EC of the European Parliament and of the Council of 22 June 1998 laying down a procedure for the provision of information in the field of technical standards and rules and of rules on information society services, as amended by Directive 98 / 48 / EC.
1) Council Directive 93 / 15 / EEC on the harmonisation of the provisions relating to the placing on the market and supervision of explosives for civil use. Commission Directive 2004 / 57 / EC on the definition of pyrotechnic articles and certain ammunition for the purposes of Council Directive 93 / 15 / EEC on the harmonisation of the provisions relating to the placing on the market and supervision of explosives for civil use. Directive 2005 / 36 / EC of the European Parliament and of the Council of 6 July 2005 on the recognition of professional qualifications
1b) Act No. 219 / 1999 Coll., on the Armed Forces of the Czech Republic, as amended.
1c) Act No. 283 / 1991 Coll., on the Police of the Czech Republic, as amended. Act No. 555 / 1992 Coll., on the Prison Service and the Judicial Guard of the Czech Republic, as amended.
1d) Act No. 289 / 2005 Coll., on Military Intelligence. Act No. 153 / 1994 Coll., on Intelligence Services of the Czech Republic, as amended. Act No. 154 / 1994 Coll., on the Security Information Service, as amended.
1e) Act No. 185 / 2004 Coll., on the Customs Administration of the Czech Republic, as amended.
1f) Act No. 156 / 2000 Coll., on the verification of firearms, ammunition and pyrotechnic articles and amending Act No. 288 / 1995 Coll., on firearms and ammunition (Firearms Act), as amended by Act No. 13 / 1998 Coll., and Act No. 368 / 1992 Coll., on administrative fees, as amended, as amended.
1g) Act No. 133 / 1985 Coll., on Fire Protection, as amended.
1h) Act No. 119 / 2002 Coll., on firearms and ammunition and amending Act No. 156 / 2000 Coll., on verification of firearms, ammunition and pyrotechnic articles and amending Act No. 288 / 1995 Coll., on firearms and ammunition (Firearms Act), as amended by Act No. 13 / 1998 Coll., and Act No. 368 / 1992 Coll., on administrative fees, as amended, and Act No. 455 / 1991 Coll., on business (Trade Act), as amended. Act No. 156 / 2000 Coll. '.
2. In Article 4, the second sentence is deleted.
3. Paragraph 5a (1), including footnotes 4a and 4b, reads as follows:
"(1) Where such a law, upper law or regulations issued for their implementation (4a) lays down requirements for the qualification, competence or other requirements for the pursuit of activities under this or the upper law, those requirements shall also be deemed to be fulfilled if the natural person submits evidence of professional qualifications or, where appropriate, other documents issued by the competent authority of a Member State of the European Union or another Contracting State of the Agreement on the European Economic Area (hereinafter referred to as" a Member State of the European Union ') or the Swiss Confederation, in accordance with the law on the recognition of professional qualifications (4b).
4a) For example, 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.
4b) 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. '
4. In Section 5a, paragraph 3 is added, including footnote 4c:
"(3) The organisation may not refuse to verify the competence of the natural person it intends to employ if that person has acquired competence in a Member State of the European Union or the Swiss Confederation. Where the competence of a natural person has been acquired outside the Member States of the European Union, the organisation shall be entitled to require the natural person to provide proof of the recognition of the validity or equivalence of the foreign educational document in the Czech Republic4c). The right of a natural person to apply for the recognition of professional competence to the competent authority of the State Mining Administration under the special legislation (4b) is without prejudice to this.
4c) § 108 of Act No. 561 / 2004 Coll., on pre-school, primary, secondary, higher vocational and other education (Education Act), as amended. § 89 and 90 of Act No. 111 / 1998 Coll., on Higher Education and on the amendment and addition of other laws (Act on Higher Education). '
5. In Article 6, at the end of paragraph 3, the dot is replaced by a comma and the following point (h) is added:
"(h) use only products which have been verified as safe under specific legislation4d.
4d) For example Act No. 22 / 1997 Coll., on Technical Requirements for Products and on the Amendment and Addition of Certain Laws, as amended. '
6. In Paragraph 7 (2), the sentence "The commander of the intervention in the underground objects referred to in Paragraph 37, if the fire protection unit is involved, shall be inserted after the first sentence: 5a)."
Footnote 5a:
"(5a) § 19 of Act No. 239 / 2000 Coll., on the Integrated Rescue System and on the amendment of certain laws."
7. In Article 7, the sentence "The Czech Mining Authority may also order the owner or, where appropriate, the operator of the underground buildings referred to in Article 37 to provide the mining rescue service due to their nature or local conditions."
8. In Article 8, the following paragraph 7 is added:
"(7) The tests and expert assessments carried out in a Member State of the European Union, Turkey or in a State of the European Free Trade Association which is a Contracting Party to the Agreement on the European Economic Area shall be taken into account by the Czech Mining Authority when issuing the authorisations referred to in paragraph 3. ';
9. Paragraph 21, including the title and footnotes 13a and 13b, reads as follows:
Basic concepts
(1) For the purposes of this Act:
(a) explosive substances and articles listed in Annex A to the Europe Agreement on the International Carriage of Dangerous Goods by Road (ADR) 13a) classified in Class 1 of these substances, except for ammunition and military munitions 1h;
(b) plastic explosives such as:
1. are prepared from one or more explosives having a vapour tension of less than 10-4 in pure form Pa at 25 degrees Celsius, in particular octogen (HMX), pentrite (PETN) and hexogen (RDX), and
2. are prepared with binders and
3. are as a mixture malleable or flexible at normal room temperature,
(c) the treatment, manufacture and processing, use, destruction and disposal of explosives, storage, acquisition, transfer, import, export or transit, and transport of explosives;
(d) the use of explosives by shredding operations using the energy of the chemical explosive transformation of explosives, which include a set of operating procedures, in particular the charging of explosives, the preparation and charging of igniting charges, the making of an igniting net, the detonation of charges (detonation) and the explosion of charges (blast);
(e) transit of explosives by transport of explosives under special legislation 13b) through the territory of the Czech Republic between the point of entry into and exit from the territory of the Czech Republic;
(f) the acquisition of explosives of any authorised acquisition by entities within the Czech Republic;
(g) transfer of explosives to the territory of the Community, with the exception of transfer to the territory of the Czech Republic,
(h) the person responsible for transit of the carrier who, by contract or other form of cooperation, ensures the transport of explosives;
(i) the export of explosives by their actual transfer from the territory of the Czech Republic to the territory of a State which is not a Member State of the European Union;
(j) the importation into the Czech Republic of explosives from the territory of a State not a Member State of the European Union;
(k) fireworks works where the chemical transformation of pyrotechnic articles regarded as explosive articles is used to produce light or, where appropriate, sound effects;
(l) devices for the use of explosives (hereinafter referred to as "devices") by means or devices which come into contact with explosives and which may have their chemical and physical characteristics on them or which are necessary to carry out explosive or fireworks.
(2) The Ministry of Industry and Trade will decide whether it is explosives or pyrotechnic articles. The Czech Mining Office will decide in doubt whether it is a shredding or fireworks work or an aid.
13a) European Agreement on the International Carriage of Dangerous Goods by Road (ADR), published under No 64 / 1987 Coll., as amended.
13b) For example, the European Agreement on the International Carriage of Dangerous Goods by Road (ADR), Council Regulation (EEC) No 2913 / 92 establishing the Community Customs Code, as amended. '
footnote 13b shall be renumbered footnote 13c, including the footnote reference.
10. Paragraph 22, including the title and footnote 13c, reads as follows:
General obligations for the handling of explosives
(1) Anyone who comes into contact with explosives is required to proceed with the utmost care and comply with the provisions on the handling of explosives and instructions for the use of explosives in such a way as not to jeopardise the safety and safety of other persons and property.
(2) The organisation is required to ensure the safety of the working environment and working conditions in the handling and use of explosives.
(3) The organisation shall take the necessary preventive measures in a timely manner and shall immediately eliminate situations which could jeopardise its safe operation or interests protected under specific legislation, in particular the safety and health of persons when handling explosives. The organisation shall ensure explosives against misuse, loss or theft in accordance with paragraph 6.
(4) When handling explosives, the organisation must also fulfil the obligations referred to in Article 6 (3) (b) to (f) and (h).
(5) The organisation shall report to the competent district mining office 8 days in advance the start of the manufacture, processing, destruction and disposal, storage, research, development and testing of explosives. The organisation shall also report the interruption of such activities for more than 30 days and the cessation of such activities. The notice of initiation, interruption or termination of the above activities shall include a business name, registered office and identification number, if any, if any, if it is a legal person, and a business name and surname, address of the place of business and identification number, if any, if any, in the case of an operating natural person, a description of the type of activity and the signature of the statutory authority or of the authorised person.
(6) The organisation shall ensure that the objects or premises in which explosives are found prevent the theft and explosion of explosives. The method of securing objects and space must already be contained in the project documentation. The Czech Mining Office shall establish by decree the explosive hazard class, the requirements for the construction and securing of explosives warehouses on and under the surface, the requirements for the construction and securing of explosives warehouses at manufacturers and customers, the requirements for safety of operation and health at work in explosives warehouses and the requirements for the storage of explosives and the ways in which they are stored.
(7) Organisations carrying out research, development and testing of explosives, their production, storage, destruction and disposal are required to establish a unit or designate a responsible person for carrying out tasks in the field of occupational safety and health and safety at work.
(8) Only technical equipment and equipment which complies with the regulations to ensure safety and health at work and safety of operations may be used in the handling of explosives. The organisation shall assess the eligibility of the equipment by regular inspections, tests and revisions which may be carried out only by authorised and competent persons; the aids are assessed by the organisation according to their nature and use.
(9) The organisation shall immediately notify the Police of the Czech Republic of the theft, loss or breach of cargo or transport packaging of the explosive it is handling.
(10) Everyone is required to notify immediately the theft, loss or discovery of an explosive or the breach of cargo or transport packaging of an explosive to the police of the Czech Republic or to the organisation, if it is an explosive which the organisation is handling.
(11) In the handling of explosives, persons not involved in such activities shall follow the instructions of the person handling the explosives and comply with its instructions to ensure the safety of life, health of persons and the protection of property.
(12) In the case of shredding or fireworks, owners of real estate, or their managers or users, shall be obliged to take measures to ensure the safety of life, the health of persons and the protection of property, including the location of warning or information boards.
(13) It is prohibited to transmit, acquire, transport, import or export or place on the market plastic explosives which do not contain detection substances 13c); This prohibition does not apply to plastic explosives which are:
(a) prepared or kept in limited quantities solely for the purposes of appropriately approved scientific research, development or testing of new or modified explosives;
(b) prepared or kept in limited quantities solely for the purposes of appropriately approved explosive detection or production or testing equipment;
(c) prepared or kept in limited quantities solely for the purposes of criminal and judicial sciences duly approved.
(14) The procedure for the approval of plastic explosives referred to in paragraph 13 (a) to (c) and the types of detection substances will be adapted by the Czech Mining Office by decree.
13c) Convention on the labelling of plastic explosives for detection purposes, published under No 6 / 2003 Coll. s. "
Footnotes 13c to 13f to date shall be renumbered as footnotes 13d to 13g, including references to footnotes.
11. Article 23, including the title and footnote 13d, reads:
Manufacture of explosives and equipment
(1) The Ministry of Industry and Trade gives a binding opinion on the application for the issue of a licensed trade for research, development, production, destruction, disposal, processing, purchase and sale of explosives under special legislation 13d). When giving an opinion, the Ministry of Industry and Trade shall assess whether the organisation for the operation of the requested activity owns or has access to the approved equipment and equipment required for the pursuit of that activity and owns or has access to the objects which have been authorised for the operation of the requested activity under the Specific Law 3c).
(2) An organisation which manufactures, processes, manufactures or imports explosives or equipment shall be obliged to the customer:
(a) provide proof of the characteristics and quality of the aid delivered;
(b) attach proof of its characteristics and instructions for its use to the explosive supplied.
(3) The obligation to attach the instructions referred to in paragraph 2 (b) also lies with the customer who supplies explosives and supplies to the next customer.
(4) The collector is obliged to follow the instructions for the use of explosives and devices, to familiarise the relevant personnel with their content and to make an alert on this.
(5) Universities may carry out research, development, testing, laboratory production, destruction, disposal and processing of explosives in the performance of their teaching tasks under an accredited study programme and scientific research and expertise. Higher education institutions may carry out these activities on condition that:
(a) notify the competent district mining authority within 30 days of the beginning of the academic year of the types and planned quantities of explosives to be handled according to the study and scientific research plans and the expected expertise activities in that academic year;
(b) within 15 days of the end of the academic year, notify the competent district mining authority of the actual quantities and types of explosives referred to in (a), including how they have been handled.
(6) By decree, the Czech Mining Authority sets out requirements to ensure safety and health at work and safety of operations in the manufacture, processing, development, research and testing, use, destruction or disposal of explosives.
13d) § 52 (1) of Act No. 455 / 1991 Coll., on Business Business (Trade Act), as amended. '
Footnotes 13d to 13h are renumbered as footnotes 13e to 13i, including the footnotes references.
12.
Placing on the market of explosives and devices
(1) Explosives and equipment shall be placed on the market in accordance with specific legislation13e), unless otherwise provided for in this Act. Explosives intended for loading on the territory of the Czech Republic shall be accompanied by instructions for use in the Czech language. Where that law or other legislation lays down requirements for instructions on the use of explosives, those requirements shall not apply to products which have been manufactured or placed on the market in a Member State of the European Union in accordance with its law, provided that the accompanying instruction guarantees a level of protection of the legitimate interest appropriate to the extent to which that law or other legislation is sought. If the instructions for the use of explosives do not comply with the requirements of the Czech legislation, the organisation shall remove the identified deficiencies and bring the instructions for the use of explosives into compliance with those regulations. Pyrotechnic articles are marketed under a special law.
(2) Where conformity has been assessed by a person authorised for conformity assessment which is not established on the territory of the Czech Republic, the compliance of the instructions for the use of explosives with the requirements laid down in the legislation of the Czech Republic, which is also responsible for assessing the conformity of explosives and devices under the specific legislation13e, must be verified before the first use in the territory of the Czech Republic. Pending the removal of the deficiencies in the instructions for the use of explosives, explosives in the Czech Republic cannot be handled.
13e) Act No. 22 / 1997 Coll. Government Decree No 358 / 2001 Coll., laying down technical requirements for explosives for civil use when they are placed on the market, as amended by Government Decree No 416 / 2003 Coll. '
13. Paragraph 25, including the title, reads:
Transmission and acquisition of explosives
(1) The organisation shall not transmit or acquire an explosive without authorisation. The competent authority of the State Mining Administration shall decide on the granting of the authorisation on the basis of a written request from the recipient organisation (the applicant). Authorisation for transfer or acquisition shall not be required for powder, black powder and matches, provided that they are intended for use in accordance with a specific legal provision (1h).
(2) An application for authorisation to acquire explosives between organisations shall be submitted by the applicant in accordance with paragraph 1 to the Central Mining Office responsible for the organisation's headquarters or location of the organisational component. The district mining office shall decide on the granting of the authorisation. The applicant may apply for a single permit for the acquisition of explosives or for the re-acquisition of explosives for a maximum period of 3 years. Repeated transfer of explosives may only be authorised if it is made between the same organisations.
(3) The application for authorisation to transfer explosives from a Member State of the European Union to the Czech Republic is submitted by the applicant to the Czech Mining Authority. The Czech Mining Authority decides to issue a permit. The applicant may apply for a single permit for the transfer of explosives or for a re-transfer permit for a maximum period of 3 years. Repeated transfers may be authorised only if they are made between the same organisations.
(4) Only the applicant is a party to the proceedings. "
footnotes 13f and 13g are deleted, including the footnotes.
14. The following Sections 25a to 25k are inserted after Section 25, including the headings and footnotes 13f and 13g:
Details of the application for authorisation for the transfer and acquisition of explosives
(1) The application contains:
(a) details of the applicant in accordance with the administrative rules, telephone and fax numbers and, where appropriate, an electronic address (hereinafter referred to as "identification details");
(b) identification details of the organisation which transmits or obtains explosives;
(c) identification of the carrier;
(d) the method of transfer or acquisition of explosives and the indication of the intended route of transport of explosives;
(e) the estimated date of transfer or acquisition of explosives;
(f) the period for which authorisation is requested;
(g) the quantity (kg, pieces, m) of explosives to be transferred;
(h) a full description of the explosives, consisting of the United Nations identification number (UN number), the classification code, the trade name of the explosive, whether or not the explosive has a "CE" marking, the name and address of the manufacturer or supplier;
(i) the purpose, place of use and place of storage of explosives.
(2) In the case of an authorisation for the re-transfer or acquisition of explosives, the application need not contain the information referred to in paragraph 1 (c), (d) and (e).
(3) The applicant attaches to the application:
(a) an extract from the commercial register or, if the applicant is not registered, an extract from the trade register or, where appropriate, another similar register, not earlier than 90 days or a similar document from another State and a certified copy of the concession note;
(b) a declaration of conformity when the explosive is first placed on the market in the Czech Republic.
Decision granting an authorisation for the transfer and acquisition of explosives
The decision shall include:
(a) the applicant's identification data on the transfer of explosives referred to in § 25a (1) (a);
(b) identification data of the transferring organisation referred to in Article 25a (1) (b);
(c) the period of validity of the authorisation,
(d) the quantity of explosives transferred (kg, pieces, m),
(e) the information referred to in Section 25a (1) (h);
(f) the name and address of the manufacturer or supplier, whether or not the explosive has a "CE" mark, the trade name of the explosive;
(g) the purpose, the place of use of explosives and the place of storage of explosives;
h) other conditions, if necessary from the security interests of the Czech Republic.
Exports and imports of explosives
(1) An authorisation is required for the export of explosives and the import of explosives. The Czech Mining Office decides on the issue of the permit upon request. The authorities referred to in paragraph 7 shall comment on the application for an export authorisation.
(2) The application for authorisation to export explosives from the Czech Republic or for authorisation to import explosives is submitted by an organisation authorised to do business in the Czech Republic pursuant to this Act or other legislation13d). Authorisations may be issued for single or repeated exports or imports, but for a maximum period of three years. A re-import or export permit may be issued in respect of imports or exports between the same organisations.
(3) The applicant shall indicate in the application:
(a) identification details of the organisation which exports or imports explosives, their telephone and fax numbers and, where appropriate, an electronic address;
(b) identification of the receiving organisation;
(c) identification of the end-user of explosives, if known;
(d) identification of the explosives carrier;
(e) a complete description of the imported or exported explosives, consisting of the United Nations identification number (UN number) and the classification code;
(f) the name and address of the manufacturer or supplier of explosives;
(g) the intended method of export or import of explosives and the indication of the intended route of transport;
(h) the estimated date of commencement of the export or import of explosives;
(i) the period of validity of the authorisation;
(j) the quantities (kg, pieces, m) of explosives to be exported or imported;
(k) the purpose, place of use of the explosives and the place of storage of the explosives;
(l) a declaration by the applicant that the information provided in the application is true,
(m) the date of the application and the signature of the applicant for the export or import of explosives.
(4) In the case of authorisation to re-import or export explosives, the application need not contain the particulars referred to in paragraph 3 (d) and (f).
(5) The application shall be accompanied by:
(a) an extract from the commercial register or, if the applicant is not registered, an extract from the trade register or, where appropriate, another similar register, not earlier than 90 days or a similar document from another State and a certified copy of the concession note;
(b) if export is concerned, the International Import Certificate or the End User Certificate;
(c) a certified copy of the valid evidence of the safety competence of a natural person or a valid certificate of a natural person under a specific legislation for all persons carrying out a sensitive activity with an organisation in accordance with paragraph 10;
(d) a statement as to whether the explosive has been marked "CE" and by a notified person (13e) or, where appropriate, a declaration of conformity if the explosive is to be placed on the market in the Czech Republic for the first time.
(6) The decision to authorise the export or import of explosives contains:
(a) identification details of the organisation which exports or imports explosives, telephone and fax numbers and, where appropriate, an electronic address;
(b) identification details of the explosives carrier;
(c) the period of validity of the authorisation,
(d) the quantity of explosives imported or exported (kg, pieces, m);
(e) a full description of the explosives, consisting of the United Nations identification number (UN number) and the classification code, the name and address of the manufacturer or supplier, the trade name and, in the case of imports of "CE", the designation if the explosive is to be placed on the market in the Czech Republic for the first time,
(f) in the case of exports of a transit country through which transport is not authorised because of an international situation (embargo, war status, etc.),
(g) other conditions, if necessary from the security or foreign political interests of the Czech Republic.
Sign in for notes, favorites and notifications
Regulation Information
| Citation | Act No. 376 / 2007 Coll., amending Act No. 61 / 1988 Coll., on Mining Activities, Explosives and State Mining Administration, as amended, and Act No. 200 / 1990 Coll., on Infringements, as amended |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 31.12.2007 |
|---|---|
| Effective from | 30.01.2008 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
Comments 0