Decree No. 384 / 2024 Coll.
Industrial Safety Order
Valid
Order
Effective from 01.01.2025
384
DECLARATION
of 6 December 2024
on industrial security
The National Security Authority shall establish, pursuant to § 15a (7), § 64, § 75a (4) and § 135 (b), (d), (f), (h) to (j) of Act No. 412 / 2005 Coll., on the Protection of classified information and on security competence, as amended by Act No. 255 / 2011 Coll. and Act No. 267 / 2024 Coll., (hereinafter "the Act '):
Model for industrial security
(1) The model of the application of an entrepreneur pursuant to § 96 (1) and § 96 (3) and (4) of the Act is set out in Annex 1 to this Decree.
(2) The model of the business certificate provided for in Section 54 (3) of the Act is set out in Annex 2 to this Decree.
(3) The model of the application for a certificate of a foreign power entrepreneur pursuant to Paragraph 57 (2) of the Act is set out in Annex 3 to this Decree.
(4) The model of the application for the recognition of the security authorization of an entrepreneur pursuant to Section 62 (2) of the Act is set out in Annex 4 to this Decree.
(5) The model of the business questionnaire under Section 97 of the Act is set out in Annex 5 to this Decree.
(6) The model of the declaration of non-compliance provided for in Article 96 (2) (d) of the Act is set out in Annex 6 to this Decree.
(7) The formalities for the declaration of an entrepreneur under Section 15a of the Act are set out in Annex 7 to this Order.
(8) The electronic templates of the models listed in Annexes 1 and 3 to 7 to this Regulation are published on its website by the National Security Authority (hereinafter referred to as the Office).
Justification of the business application pursuant to § 96 (1) of the Act
The reasons for the application of an entrepreneur shall include information on the subject of the business in which the entrepreneur requests access to classified information and the circumstances justifying the required form of access under Section 20 of the Act, as well as information on:
(a) a contract requiring access to classified information, its contracting authority and the estimated duration of the procurement procedure;
(b) a concession contract under which access to classified information is requested, to its contracting authority and the envisaged duration of the concession procedure;
(c) a public contract or concession contract prior to the start of a procurement or concession procedure for which the entrepreneur intends to apply and within which access to classified information, contracting authority or contracting entity is envisaged and the envisaged date for the start of the procurement or concession procedure;
(d) a public contract or concession contract in which access to classified information has been requested, to its contracting authority or to a contracting authority, if the procurement or concession procedure has been initiated no more than five years before the date of the application of the entrepreneur to issue the certificate of the entrepreneur and the subject matter of the contract corresponds to the subject matter of the undertaking's business;
(e) the contract, or any other legal fact on the basis of which access to classified information is requested, the subject matter of this contract and the provider of classified information; or
(f) the facts on the basis of which classified information will be generated from an entrepreneur.
Documents to verify compliance with the conditions for the issue of a business certificate pursuant to § 96 (2) (c) of the Act
(1) An entrepreneur who is a natural person shall accompany the application of the entrepreneur
(a) a silent partnership contract;
(b) lease contracts for premises, buildings and land referred to in § 97 (e) of the Act;
(c) proof of the issue of bonds, stating the reason for the issue and the total amount of bonds issued;
(d) sound financial statements, if they keep accounts and are not a person incorporated in the Commercial Register, or tax returns, if they keep a tax register or apply expenditure by a percentage of income under the Income Tax Act for the last 5 tax periods;
(e) the auditor's reports on the statutory audit of the accounts referred to in point (d) if he is not a person incorporated in the business register;
(f) an overview of business liabilities that are more than 180 days after maturity, indicating the individual creditors and the reason for the non-payment;
(g) an extract from the owner's account in the separate registration of investment vehicles;
(h) an overview of all holdings in public limited-liability companies and a percentage holding;
(i) an overview of other investment securities (1), provided that they are not included in the central register, shares and capital injections of a public commercial company, limited partnership and limited liability companies and member deposits in cooperatives;
(j) an overview of the contributions to the capital of a foreign company.
(2) Entrepreneurs who are not a natural person shall accompany the request of an entrepreneur:
(a) evidence of decisions taken by its authorities on facts which are entered in the Commercial Register and are not yet entered in the Register;
(b) a silent partnership contract;
(c) contracts for the lease of premises, buildings and land referred to in § 97 (e) of the Act;
(d) proof of the issue of bonds indicating the reason for the issue and the total amount of bonds issued;
(e) a statement of profit and loss for the last 5 completed financial years, provided that, in at least one of those periods, a small entity or a micro entity which is not required to have financial statements certified by the auditor and that the obligation to publish that statement is not provided for in the Accounting Act or where that statement has not been published in the instrument collection under the law governing public registers;
(f) an overview of business liabilities that are more than 180 days after maturity, indicating the individual creditors and the reason for the non-payment;
(g) an extract from the owner's account in the separate registration of investment vehicles;
(h) an overview of all holdings in public limited-liability companies and a percentage holding;
(i) an overview of other investment securities (1), provided that they are not included in the central register, shares and capital injections of a public commercial company, limited partnership and limited liability companies and member deposits in cooperatives;
(j) an overview of the contributions to the capital of a foreign company.
(3) The documents referred to in paragraphs 1 and 2 shall be submitted by the entrepreneur where the evidence is given to him.
(4) The documents referred to in paragraphs 1 (a) to (e) and 2 (a) to (e) shall be supplied by the trader in a copy.
(5) The documents referred to in paragraph 1 (f) to (j) and paragraph 2 (f) to (j) shall be submitted by the entrepreneur in the original or in an officially certified copy in accordance with the Verification Act and their particulars shall be the date of issue, which shall not be more than 60 days before the date of presentation of the document to the Office.
(6) The signature of the person responsible by the entrepreneur is also an essential part of the surveys referred to in points (f) and (h) to (j) of paragraph 1 and paragraph 2.
(7) Paragraph 5 (1) provides for the manner and form of submission of the documents referred to in paragraphs 1 and 2.
Entrepreneur's request pursuant to § 96 (3) and (4) of the Act
The application of an entrepreneur submitted pursuant to § 96 (3) and (4) of the Act shall be accompanied by a questionnaire from the entrepreneur to complete the identification data to the extent that the name or business name or surname, if not a business name, and the identity number of the person and shall indicate the information which has changed and has not been notified under § 68 (c) and (d) of the Act; the data of the entrepreneur is evidenced by the documents referred to in Article 3 and in the manner and form provided for in Article 5.
Method and form of application by the entrepreneur
(1) A request by an entrepreneur and its annexes pursuant to Paragraph 96 (2) of the Act, with the exception of the business questionnaire, is made:
(a) in paper form; or
(b) in electronic form:
1. delivery to the Office's data box,
2. to the electronic address of the Office using recognised electronic signatures (2); or
3. through an online service using the means of a qualified electronic identification system.
(2) The business questionnaire shall be submitted electronically in .xml format
(a) by delivery to the Office's data box;
(b) to the electronic address of the Office using recognised electronic signatures (2);
(c) on a technical data medium; or
(d) through an online service using the means of a qualified electronic identification system.
Scope of data according to § 97 (j) of the Act
(1) The entrepreneur in the business questionnaire provided for in § 97 (j) of the Act shall provide information on the Czech business partners and trading partners from the Member States of the European Union with whom he has carried out transactions with which he has achieved at least
(a) 20% of the share of income (3) or income (4) of the entrepreneur;
(b) 20% of the cost share (3) or expenditure (4) of the entrepreneur; or
(c) 10% of the share in the income of the entrepreneur and at the same time at least 10% of the share in the costs of the entrepreneur.
(2) The data referred to in paragraph 1 shall be presented by the entrepreneur on the basis of the results of the end-tax period and broken down by tax period.
Scope, manner and form of notification of changes
(1) The entrepreneur shall, in accordance with Section 103 (3) of the Act, notify changes to the data in the application of the entrepreneur, which took place from the date of the application of the entrepreneur.
(2) Pursuant to Article 68 (c) and (d) of the Act, the entrepreneur shall notify changes to the information in the application of the entrepreneur that occurred after the certificate of the entrepreneur was issued during its period of validity.
(3) If the law provides that the entrepreneur shall provide details for the last 5 years, the entrepreneur shall notify the changes to that information which have occurred to:
(a) from the time of the application for notification of amendments pursuant to Article 103 (3) of the Act;
(b) each year, from a date which corresponds to the date of issue of the business certificate, to the date preceding that which corresponds to the date of issue of the business certificate in the event of notification of changes under Paragraph 68 (d) of the Act.
If the entrepreneur holds more than one business certificate, the date determining the time period for notification of changes pursuant to § 68 (d) of the Act shall be the date of issue of the valid certificate first issued; no account shall be taken of the issue of a business certificate pursuant to Article 54 (4) or Article 56 (4) of the Act.
Changes in data pursuant to § 68 (c) of the Act
(1) In the case of notification of changes to the data referred to in § 98 (c) of the Act in the security documentation of an entrepreneur pursuant to § 68 (c) of the Act, the entrepreneur shall only notify changes in the nature of the protection of classified information for which a change has occurred.
(2) The notification of the establishment or cancellation of a secure category area The Reserved contains the address and description of the dislocation of the secured area and information on the determination of the category and class of the secured area according to § 25 of the Act.
Changes to the data pursuant to § 68 (d) of the Act
(1) Changes in data in the business questionnaire pursuant to § 97 (a) to (i) and (o) to (r) of the Act shall be notified by the entrepreneur to the extent of the changes made during the period laid down in § 7.
(2) Changes in the data in the business questionnaire pursuant to § 97 (j) of the Act will be notified by the entrepreneur on the basis of the results of the completed tax period.
(3) The Entrepreneur is not obliged to notify changes to the data in the Entrepreneur's questionnaire pursuant to § 97 (k) to (n) of the Act.
(4) In the notification of amendments pursuant to § 68 (d) of the Act, the entrepreneur does not mention changes which have been notified under § 68 (c) of the Act.
(5) If there is a coincidence in time between the obligation to notify changes to the data in the business questionnaire pursuant to § 68 (c) and (d) of the Act, the entrepreneur shall notify the changes under § 68 (d) of the Act.
(6) In the event of changes in the business security documentation, the entrepreneur shall notify the changes only in the part affected by the changes.
Method and form of notification of amendments
(1) Changes to the data in the Entrepreneur Questionnaire shall be notified by the Entrepreneur through the Entrepreneur Questionnaire and documented by the documents provided for in Section 3. The change in the information provided for in Section 97 (f) of the Act shall be notified only by the entrepreneur registered in the Commercial Register.
(2) In the case of notification of changes pursuant to § 68 (c) of the Act, changes by an entrepreneur who is a natural person shall be supported by documents within the scope of § 3 (1) (a) and by other entrepreneurs within the scope of § 3 (2) (a) and (b).
(3) The setting-up or cancellation of a secured category category Reserved shall be notified by the entrepreneur in the manner and form set out in Section 5 (1).
(4) Paragraphs 3 (3) to (6) and 5 shall apply mutatis mutandis to the notification of amendments pursuant to paragraphs 7 to 10.
(5) Where an entrepreneur holds more than one business certificate, he shall notify the amendments only in one copy. The business questionnaire shall indicate all levels of secrecy and forms of access.
Security instructions pursuant to § 75a (4) of the Act
(1) Safety instructions shall include in particular:
(a) the designation of the central administrative office which approves the security instructions;
(b) rules and arrangements for the control of classified information;
(c) conditions for the protection of classified information and restrictions on access to classified information of a classified level of Top Secret;
(d) the list of classified information provided and the specification of classified information to be generated in the course of the performance of the contract, including its classification level;
(e) the identification of the information system which is certified or accredited for the management of classified information of a foreign authority to which access is required in the performance of the contract;
(f) the rules of contact of the Contracting Parties requiring access to classified information;
(g) rules on the classification of classified information arising from the contract;
(h) the manner and form of the provision and transport of classified information;
(i) the rules governing the notification of cases of disclosure, misuse or loss of classified information or where such action is suspected;
(j) rules for visits requiring access to classified information;
(k) the rules governing the handling of classified information after termination of the contract; and
(l) the rules governing the communication of the Contracting Parties.
(2) The attached safety instructions are:
(a) for the main contract of the directive on the allocation of classified degrees within the project;
(b) for subcontracting contracts, a list of classification grades.
Repeal
They shall be deleted:
1. Decree No. 405 / 2011 Coll., on Industrial Safety.
2. Decree No. 416 / 2013 Coll., amending Decree No. 405 / 2011 Coll., on Industrial Safety.
Efficacy
This Decree shall take effect on 1 January 2025.
Director:
Mgr. Čureín v. r.
Příloha č. 1
Annex No 1
Model
Příloha č. 2
Annex No 2
Model
Příloha č. 3
Annex No 3
Model
Příloha č. 4
Annex No 4
Model
Příloha č. 5
Annex No 5
Model
Příloha č. 6
Annex No 6
Model
Příloha č. 7
Annex No 7
1) Act No. 89 / 2012 Coll., Civil Code, as amended. Act No. 256 / 2004 Coll., on Capital Market Business, as amended.
2) Act No. 297 / 2016 Coll., on Trust Services for Electronic Transactions, as amended.
3) Act No. 563 / 1991 Coll., on Accounting, as amended.
4) Law No 586 / 1992 on income taxes, as amended.
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Regulation Information
| Citation | Decree No. 384 / 2024 Coll., on Industrial Safety |
|---|---|
| Regulation Type | Order |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 12.12.2024 |
|---|---|
| Effective from | 01.01.2025 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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