Decree No. 390 / 2024 Coll.
Decree amending Decree No. 428 / 2001 Coll., implementing Act No. 274 / 2001 Coll., on Water and Sewerage for Public Use and amending certain laws (Water and Sewerage Act), as amended
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390
DECLARATION
of 9 December 2024
amending Decree No. 428 / 2001 Coll., implementing Act No. 274 / 2001 Coll., on water and sewage for public use and amending certain laws (Water and Sewerage Act), as amended
The Ministry of Agriculture provides pursuant to Article 40 of Act No. 274 / 2001 Coll., on Water and Sewerage for Public Use and on the amendment of certain laws (Act on Water and Sewerage), as amended by Act No. 76 / 2006 Coll., Act No. 275 / 2013 Coll., Act No. 152 / 2023 Coll. and Act No. 167 / 2023 Coll., ("the Act ') for the implementation of § 4 (9), § 5 (6), § 6 (13), § 11 (3), § 12 (1), § 13 (5) and § 36 (9):
Decree No. 428 / 2001 Coll., implementing Act No. 274 / 2001 Coll., on Water and Sewerage for Public Use and on the amendment of certain laws (Water and Sewerage Act), as amended by Decree No. 146 / 2004 Coll., Decree No. 515 / 2006 Coll., Decree No. 120 / 2011 Coll., Decree No. 48 / 2014 Coll., Decree No. 448 / 2017 Coll., Decree No. 244 / 2021 Coll. and Decree No. 256 / 2023 Coll., shall be amended as follows:
1. in Article 1, point (f) is deleted;
Points (g) to (n) shall be renumbered as points (f) to (m).
2. In Article 1 (f), the words "requirements for waste water treatment project documentation," and the words "and requirements for their project documentation 'are deleted.
3. In Paragraph 1 (g), the word "collected 'is replaced by the word" taken'.
4. In Article 3, the following paragraph 3 is added:
"(3) The development plan for the water pipelines and sewerage of the district shall be processed separately for individual municipalities, if the municipality is divided into parts of the municipality under the water pipelines and sewerage plan, then the development plan shall be processed separately for individual parts of the municipality. '
5. In Article 4 (1), the words "geographical information system 'are replaced by the words" data maintained in the digital technical map of the county drawn up under the law governing the surveyor'.
6. in Article 4 (2) (e), the words "existing" shall be inserted after the words "existing"; the words "on the geographical information system including all the underlying maps, at least the digital technical maps of the processed region," shall be replaced by the words "on the digital technical map of the processed region," and the words "with an indication of the proposed intentions of water supply systems and sewerage systems" shall be inserted after the words "surveying."
7. In Paragraph 4, at the end of paragraph 3, the sentence "Together with the proposal to update the development plan is evidenced by:
(a) a request for a change in the development plan and a justification for a proposed change in the supply of drinking water, sewerage and sewage treatment or a change in the economic data of the technical solution set out in the approved plan and the proposed technical solution; a calculation of the value of the property at the replacement cost for the proposed specific object parameters is included in the application for a change to the development plan,
(b) the statement by the relevant river basin management authority pursuant to Article 4 (5) of the Act on the proposed amendment of the development plan;
(c) the opinion of the owner of the operating tap and the opinion authorised from the collection of surface water or groundwater in the event that the proposed pipeline is connected to another owner's water infrastructure;
(d) the opinion of the owner of the operationally related sewerage and authorised from the discharge of waste water into surface or groundwater waters in the event that the proposed sewerage is connected to the water infrastructure of another owner; and
(e) data on the salinity and full analysis of raw water within the scope of Table 1 of Annex 9 to this Regulation by an accredited laboratory which is not more than 1 year old and, where such evidence is available, information on the method of protecting the water source (38), in the case of planned use of the water source. ';
Footnote 38 reads:
"38) § 30 of Act No. 254 / 2001 Coll., as amended."
8. In Article 4, the following paragraph 4 is added:
"(4) The Regional Authority shall transmit to the Ministry on an ongoing basis the draft amendments to the development plan for discussion and opinion in the scope of Section 4 (3)."
9. Paragraph 4 (3) and (4), including footnote 38, read:
"(3) The map part referred to in paragraph 2 (e) shall be processed in digital form in the framework of the update of the development plan in the uniform data structure and scope referred to in Annex 25 to this Regulation. The uniform data structure contains spatial, technical and identification parameters of individual objects, which are line lines of water ducts and sewerage and point objects ensuring the functionality of water management infrastructure.
(4) The municipalities shall submit to the Regional Authority, pursuant to Article 4 (4) of the Act, a draft update of the development plan through the Water Information System and sewerage in the same formats and content as referred to in paragraphs 2 (b) to (e) and 3; together with a proposal for an update of the development plan shall be documented:
(a) a request for a change in the development plan and a justification for a proposed change in the supply of drinking water, sewerage and sewage treatment or a change in the economic data of the technical solution set out in the approved plan and the proposed technical solution; a calculation of the value of the property at the replacement cost for the proposed specific object parameters is included in the application for a change to the development plan,
(b) the statement by the relevant river basin management authority pursuant to Article 4 (5) of the Act on the proposed amendment of the development plan;
(c) the opinion of the owner of the operating tap and the opinion authorised from the collection of surface water or groundwater in the event that the proposed pipeline is connected to another owner's water infrastructure;
(d) the opinion of the owner of the operationally related sewerage and authorised from the discharge of waste water into surface or groundwater waters in the event that the proposed sewerage is connected to the water infrastructure of another owner; and
(e) data on the salinity and full analysis of raw water within the scope of Table 1 of Annex 9 to this Regulation by an accredited laboratory that is not more than 1 year old and, where such evidence is available, information on the method of protecting watersource 38), in the case of planned use of water source.
38) Article 30 of Act No. 254 / 2001 Coll., as amended. '
10. In Article 4, the following paragraph 5 is added:
"(5) The Regional Office shall transmit to the Ministry of Agriculture on an ongoing basis individual proposals for amendments to the development plan for discussion and opinion within the scope of Section 4 (4)."
11. in Articles 6 (1) and 7 (1), the words "database file structure" shall be replaced by the words "register" and the words "Annex No 22" shall be replaced by the words "part of the Water and Sewerage Information System";
12. Paragraph 6 (3) reads as follows:
"(3) The owner of the water duct or sewage system shall transmit the selected data from the property records to the competent building office via the Water and Sewerage Information System. ';
13. in Paragraph 6 (4), "Water law" is replaced by "Construction."
14. Paragraph 6 (5) reads:
"(5) The collection of collected data from property records shall be available to regional authorities for the territory of the region and river basin managers under their territorial responsibility within the framework of the Water and Sewerage Information System. ';
15. in Article 7 (2) of the introductory part of the provision, the words "these functional units" shall be inserted after the words "separately for."
16. in Paragraph 7 (3):
"(3) The owner of the pipeline or sewerage shall transmit the selected data from the operating log to the competent building office via the Water and Sewerage Information System. ';
17. in the first sentence of Article 7 (4), the words "the Water Authority" shall be deleted and the last sentence shall be deleted;
18. in Article 7 (5) and (6):
"(5) The construction office shall transmit the data processed under Section 5 (4) of the Act to the Ministry through the Water and Sewerage Information System.
(6) A set of selected data from the register of operations is available to regional authorities for the territory of the region and river basin managers under their territorial competence within the framework of the Water and Sewerage Information System. "
19. in Article 7, paragraphs 7 and 8 are deleted;
20. In the title of Part Four, the words "FORM K 'shall be inserted after the word" FORMATE'.
21. In the text under the heading of Part Four, "12 'is replaced by" 10'.
22. In the first sentence of Article 12 (1), the words "issue, amendment or cancellation 'shall be inserted after the words" request for'.
23. In the first sentence of Article 12 (2), the words "to register the issue, modification or cancellation of an operating permit, including a copy of the decision issued," shall be replaced by the words "The structure of the register is part of the water supply and sewage information system."
24. Part seven is deleted.
(25) footnotes 10 to 12 and 34 are deleted.
26. In Part Eight of the heading of Section One, the words "INCLUDING PROJECT DOCUMENTATION REQUIREMENTS 'are deleted.
27. in Article 17 (3) (a), the words "under § 38 (11) (b) of the Water Act" shall be replaced by the words "and from the possibility of reuse of waste water under § 38 (10) (b) of the Water Act."
28. Article 18 shall be deleted;
29. In Part Eight, the words "PROJECT DOCUMENTATION 'are deleted.
30.
(1) In the case of a single sewer network, the relief chamber shall reliably divide the waste water design inflow in proportion to the hydrotechnical calculation and safely transfer the design flow to the sewage treatment plant. The design flow rates and dilution ratio of waste water shall be determined in accordance with Articles 4.1.5 and 4.1.6. of the Czech Technical Standard ČSN 75 6262 of the Relief chambers issued on 1 December 2019. The newly built or modified existing lightening chambers shall be equipped with effective removal of gross impurities.
(2) The assessment of existing relief chambers shall be carried out in accordance with Table 2 of Czech Technical Standard CSN 75 6262 of the Relief chambers issued on 1 December 2019. '.
(31) footnotes 18 to 20 are deleted.
32. In the heading of Part Nine, the word "UNDESTROYED 'is replaced by" UNDESTROYED'.
33.Paragraph 21 (4) reads as follows:
"(4) The operator may transmit the results of the analyses to the Regional Authority and to the competent river basin administrator within the scope of Tables 1 and 2 of Annex 9 to this Decree on an ongoing basis, but shall transmit the results by 31 March of the previous year at the latest, including data on the quantities of raw water collected annually through a database managed by the Czech Hydrometeorological Institute. The operator will use the electronic application published on the website of the Czech hydrometeorological institute to enter the results into the database."
34. in Article 35a (5), the words "and in the structure of the database file listed in Annex 24" shall be deleted;
35. § 36a reads:
(Paragraph 36 (9) of the Law)
The data published under Section 36 (9) of the Act are:
(a) to the owner of the pipeline or sewerage and to the operators of the duct or sewerage which are:
1. the name and, where applicable, the name, surname and address of the place of residence of the person, or the registered office, if any, if it is a natural person, or the name or business name and address of the registered office, if it is a legal person;
2. the identification number of the person, if assigned; and
3. telephone connection, e-mail address and data box identifier,
(b) technical requirements for:
1. internal water supply, including the indication of prohibited materials for internal distribution and information on the prohibition of the interconnection of water supply lines with another water source;
2. internal sewage including the introduction of prohibited materials for internal distribution,
3. water connections including the indication of the conditions for the location of the water meter for measuring the water delivered and the requirements for the location of the water shaft and the requirements for the water assembly and pressure conditions and recommendations; and
4. sewer connections,
(c) method for determining quantities
1. delivered drinking water by measuring the water-meter or guide numbers where the water is not collected;
2. discharges of waste water, by measuring the discharge of waste water into the sewerage, provided that this is provided for by the sewerage system, by measuring the collected water which may subsequently be discharged into the sewerage, or by reference numbers of the annual water requirement, in the absence of measuring the amount of waste water discharged into the sewerage or the measurement of the collected water; and
3. discharges of withholding waters, by calculation as provided for in Annex 16 to this Decree, or by measurement, where the sewerage system so provides;
(d) the possibility of interruption or limitation of the supply of drinking water and waste water, indicating the method of replacement water supply and disposal of waste water and, where appropriate, the planned withdrawal period and the restrictions on the supply of drinking water and the disposal of waste water associated with maintenance or planned repairs and their notification;
(e) the quality of the drinking water supplied under the Public Health Protection Act;
(f) the obligation to comply with the sewerage rules, including the publication of general mandatory provisions and limits on maximum permitted pollution from the approved sewerage system and the maximum level of pollution of the treated waste water including the indication of substances whose discharge into the sewerage is prohibited;
(g) the extent, conditions and manner of exercise of the rights arising from the liability for defective performance referred to in the complaint rules, in particular:
1. where the claim can be claimed,
2. form and methods of application of the claim,
3. requirements for content requirements of claims,
4. time limit for the application of the claim,
5. the way in which the complaint is handled;
6. Method of handling the claim; and
7. Jurisdiction of administrative bodies in the field of customer protection,
(h) the possibility of reducing water consumption and its efficient use in accordance with local conditions, the reduction of the risks posed by water leakage and the health risks associated with water stagnation, the possible threat to human health, including recommendations on health and consumption, or an indication of where information on potential threats to human health, including health and consumption, can be found on the website;
(i) the possibility of limiting the draining of withholding water into the sewerage, such as by accumulation and subsequent use, by seeping on land or by evaporation. ';
36. § 36a reads:
(Paragraph 36 (9) of the Law)
(1) The data published under Paragraph 36 (9) of the Act are:
(a) to the owner of the pipeline or sewerage and to the operators of the duct or sewerage which are:
1. the name and, where applicable, the name, surname and address of the place of residence of the person, or the registered office, if any, if it is a natural person, or the name or business name and address of the registered office, if it is a legal person;
2. the identification number of the person, if assigned; and
3. telephone connection, e-mail address and data box identifier,
(b) the extent of the operator's authorisation by the owner pursuant to Article 8 (2) of the Act, namely whether:
1. the operator shall be obliged to allow connection to the water duct or sewerage and to supply drinking water or to drain waste water and to clean waste water pursuant to Article 8 (5) of the Act, or whether this obligation has not been transferred to the operator by the owner;
2. the operator is obliged to enter into a contract with the customer for the supply of water or waste water pursuant to Article 8 (6) of the Act or whether this obligation has not been transferred to the operator by the owner; information with valid data relating to the supply of drinking water and the supply and treatment contract with the customer shall be published; and
3. the right to payment of water or water charges pursuant to § 8 (13) and (14) of the Act shall be exercised by the owner or operator;
(c) the location of the water duct system or sewerage system, the name of the respective municipality, part of the municipality and the cadastral territory;
(d) a water supply system or sewerage system which is:
1. the jurisdiction of the water line to the water duct system referred to in point 1 (b). C Annex No 1 to this Decree or the relevance of sewerage to the sewerage system referred to in point 1 (b). C of Annex 3 to this Decree,
2. the population data referred to in point 3 of Annexes 1 and 3 to this Decree; and
3. the technical information referred to in point 3 (b). A, point 3 (B), point 3 (C). B1 of Annex 2 to this Decree, including data on water losses per km of the converted length of the water supply line and the percentage of water losses in the pipe network referred to in point 3.3 of Annex 5 to this Decree or an indication of the purposeful inclusion of the sewer network as referred to in point 4.1 of Annex 3 to this Decree,
(e) technical requirements for:
1. internal water supply, including the indication of prohibited materials for internal distribution and information on the prohibition of the interconnection of water supply lines with another water source;
2. internal sewage including the introduction of prohibited materials for internal distribution,
3. water connections including the indication of the conditions for the location of the water meter for measuring the water delivered and the requirements for the location of the water shaft and the requirements for the water assembly and pressure conditions and recommendations; and
4. sewer connections,
(f) method for determining quantities
1. delivered drinking water by measuring the water-meter or guide numbers where the water is not collected;
2. discharges of waste water, by measuring the discharge of waste water into the sewerage, provided that this is provided for by the sewerage system, by measuring the collected water which may subsequently be discharged into the sewerage, or by reference numbers of the annual water requirement, in the absence of measuring the amount of waste water discharged into the sewerage or the measurement of the collected water; and
3. discharges of withholding waters, by calculation as provided for in Annex 16 to this Decree, or by measurement, where the sewerage system so provides;
(g) the possibility of interruption or limitation of the supply of drinking water and the disposal of waste water, indicating the method of replacement water supply and the disposal of waste water, where appropriate, the planned withdrawal period and the restrictions on the supply of drinking water and the disposal of waste water associated with maintenance or planned repairs and their notification;
(h) the quality of the drinking water supplied under the Public Health Protection Act;
(i) the obligation to comply with the sewerage rules, including the publication of general mandatory provisions and limits on maximum permitted pollution from the approved sewerage system and the maximum level of pollution of treated waste water including the indication of substances whose discharge into the sewerage is prohibited;
(j) the calculation of the price for the water and bilge for the current calendar year as set out in Annex 19b to this Decree;
(k) the extent, conditions and manner of exercise of the rights arising from the liability for defective performance referred to in the complaint rules, in particular:
1. where the claim can be claimed,
2. form and methods of application of the claim,
3. requirements for content requirements of claims,
4. time limit for the application of the claim,
5. the way in which the complaint is handled;
6. Method of handling the claim; and
7. Jurisdiction of administrative bodies in the field of customer protection,
(l) the possibility of reducing water consumption and its efficient use in accordance with local conditions, the reduction of the risks posed by water leakage and the health risks associated with water stagnation, the possible threat to human health, including recommendations on health and consumption, or an indication of where information on potential threats to human health, including health and consumption, can be found on the website;
(m) the possibility of limiting the draining of withholding water into the sewerage, such as by accumulation and subsequent use, seeping on land or evaporation; and
(n) complaints and complaints made by the customer to the owner of the pipeline or sewerage or operator, and statistics on such complaints and complaints.
(2) The format and structure of the database data set referred to in paragraph 1 (a) to (d) and (n) are set out in Annex No 26 to this Regulation. ';
37. Annex 11 shall read as follows:
"Annex No 11
STATEMENT OF REQUEST AND DOCUMENTS SUBMITTED BY THE SPOL WITH REQUEST FOR ISSUES, AMENDMENTS AND REPEAL OF AUTHORISATIONS FOR THE CONDUCT OF WATER OR CANALIZATION REFERRED TO IN ARTICLE 6 OF THE WATER AND CANALISATION LAWS
FORM OF THE APPLICATION FOR PERFORMANCE FOR WATER OR CANALISATION
"
38. Annex No 19b is deleted.
39. The following Annex 19b is inserted after Annex 19a:
"Annex No 19b
CALCULATION OF PRICE FOR AQUATIC AND STOCKS FOR CALENDAR YEAR XXXX (t) broken down by unit costs
Table 1
| I. | Příjemce vodného a stočného | |
| II. | Provozovatel – název a IČO | |
| III. | Vlastníci – název a IČO |
| Řádek podle tabulky č. 1 a 2 přílohy č. 19 | Kalkulační položky v Kč/m3 (tedy v Kč na 1 000 litrů) | Voda pitná | Voda odpadní |
|---|---|---|---|
| xxxx (t) | xxxx (t) | ||
| Kalkulace | Kalkulace | ||
| 1. | Materiál | ||
| 2. | Energie | ||
| 3. | Osobní náklady | ||
| 4. | Ostatní přímé náklady1) | ||
| 5. | Jiné provozní náklady | ||
| 6. | Finanční náklady | ||
| 7. | Ostatní výnosy | ||
| 8. | Výrobní režie | ||
| 9. | Správní režie | ||
| 11. | Jednotkové náklady z úplných vlastních nákladů | ||
| 12. | Vyrovnávací položky | ||
| 12.1 | Vyrovnávací položka z roku t-2 podle platných pravidel cenové regulace | ||
| 12.2 | Finanční vypořádání rozdílu kalkulací prováděných podle metodiky Operačního programu Životní prostředí | ||
| 14. | Kalkulační zisk/ ztráta | ||
| 16. | - z ř. 14 prostředky na obnovu infrastrukturního majetku | ||
| 17. | - zisk k použití/ ztráta | ||
| 20. | UPLATŇOVANÁ CENA pro vodné, stočné bez DPH | ||
| 21. | UPLATŇOVANÁ CENA pro vodné, stočné + DPH |
1) These include, in particular, calculation items enabling the reproduction of water-based assets - depreciation, restoration of the repair of infrastructure assets and the hire or hire of infrastructure assets.
Table 2
| Řádek podle tabulky č. 4 přílohy č. 19 | Text | Měrná jednotka | Voda pitná | Voda odpadní |
|---|---|---|---|---|
| Kalkulace | Kalkulace | |||
| 1 | 2 | 2a | 4b | 7b |
| 25. | UPLATŇOVANÁ CENA pohyblivé složky | Kč.m-3 | ||
| 26. | UPLATŇOVANÁ CENA pohyblivé složky + DPH | Kč.m-3 | ||
| UPLATŇOVANÁ CENA pevné složky za odběrné místo | Kč.m-3 | |||
| UPLATŇOVANÁ CENA pevné složky za odběrné místo + DPH | Kč.m-3 |
40. Annexes No 22 to 24 are deleted.
41.
"Annex No 25
MAP PART OF WATER AND CANALISATION
MAPLE PARTS STRUCTURE
On the basis of the authorisation in Section 4 (9) of the Act, the content and format of the map part of the water pipelines and sewerage are defined as follows:
Layers will be transmitted in ESRI Shapefile format in the coordinate system of the single trigonometric network of the cadastral S-JTSK (EPSG: 5514).
The list of required geoviruses is as follows:
| • vodovody | |||||
| ■ | V_rady: | vodovodní řady | linie | ||
| ■ | V_zdroj: | zdroje vody (studny, vrty, jímací zářezy) | body | ||
| ■ | V_uv: | úpravny vody | body | ||
| ■ | V_v: | vodojemy | body | ||
| ■ | V_csv: | čerpací stanice | body | ||
| • kanalizace | |||||
| ■ | K_stoky: | kanalizační stoky | linie | ||
| ■ | K_cov: | čistírny odpadních vod | body | ||
| ■ | K_cs: | čerpací stanice | body | ||
| ■ | K_v: | kanalizační výusti | body | ||
| ■ | K_ok: | odlehčovací komory | body | ||
Attributes and format of written data for each layer are as follows:
(N - integer, T - text, D - real number in double accuracy, DT date in format day, month, year "DD.MM. YYYY").
WATER:
Attribute table to the V _ council layer - contains additional information on water lines:
| • | datum | DT | identifikátor změny, datum změny, | |
| • | dn | N | dimenze řadu (DN), | |
| • | material | N | číselník | |
| • | 1 - kov, | |||
| • | 2 - plasty, | |||
| • | 3 - litina | |||
| • | 4 - jiný, | |||
| • | 5 - nespecifikováno, | |||
| • | stav | N | číselník | |
| • | 1 - stávající stav, | |||
| • | 2 - návrh, | |||
| • | IČME | T | evidenční číslo záměru v evidenci editora je identifikační číslo majetkové evidence z VÚME (vybrané údaje z majetkové evidence vodovodů a kanalizací podle Přílohy č. 1, tabulka VUME_VOD). | |
Attribute table to the V _ source layer - contains additional information on water sources:
| • | datum | DT | identifikátor změny, datum změny, | |
| • | stav | N | číselník | |
| • | 1 - stávající stav, | |||
| • | 2 - návrh, | |||
| • | IČME | T | je identifikační číslo majetkové evidence z VÚME (vybrané údaje z majetkové evidence vodovodů a kanalizací podle Přílohy č. 1, tabulka VUME_UV), | |
| • | icoc | N | evidenční číslo záměru v evidenci editora je identifikační číslo v systému podniku Povodí nebo IS surová voda spravované Českým hydrometeorologickým ústavem. | |
Attribute table to the V _ uv layer - contains additional information on water treatment plants (UV):
| • | datum | DT | identifikátor změny, datum změny, | |
| • | stav | N | číselník | |
| • | 1 - stávající stav, | |||
| • | 2 - návrh, | |||
| • | IČME | T | je identifikační číslo majetkové evidence z VÚME (vybrané údaje z majetkové evidence vodovodů a kanalizací podle Přílohy č. 2, tabulka VUME_UV). | |
Attribute table to the V _ v layer - contains additional information to the waterjet:
| • | datum | DT | identifikátor změny, datum změny, | |
| • | typ | N | číselník | |
| • | 1 - věžový, | |||
| • | 2 - zemní, | |||
| • | 3 - ostatní, | |||
| • | stav | N | číselník | |
| • | 1 - stávající stav, | |||
| • | 2 - návrh. | |||
Attribute table to the V _ csv layer - contains additional information to the water supply service stations (CSV):
| • | datum | DT | identifikátor změny, datum změny, | |
| • | stav | N | číselník | |
| • | 1 - stávající stav, | |||
| • | 2 - návrh. | |||
Attribute table to the V _ rs layer - contains additional information to another water network technological object (RS):
| • | datum | DT | identifikátor změny, datum změny, | |
| • | stav | N | číselník | |
| • | 1 - stávající stav, | |||
| • | 2 - návrh. | |||
CANALISATION
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Regulation Information
| Citation | Decree No. 390 / 2024 Coll., amending Decree No. 428 / 2001 Coll., implementing Act No. 274 / 2001 Coll., on water and sewage for public use and amending certain laws (Water and Sewerage Act), as amended |
|---|---|
| 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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