Act No 407 / 2001 Coll.
Act amending Act No. 167 / 1998 Coll., on addictive substances and amending some other laws, as amended
Valid
Law
Effective from 01.01.2002
Text versions:
01.01.2002
20.11.2001
407
THE LAW
of 24 October 2001
amending Act No. 167 / 1998 Coll., on addictive substances and amending certain other laws, as amended
Parliament has decided on this law of the Czech Republic:
Act No. 167 / 1998 Coll., on addictive substances and amending certain other laws, as amended by Act No. 354 / 1999 Coll., Act No. 117 / 2000 Coll., Act No. 132 / 2000 Coll., Act No. 57 / 2001 Coll. and Act No. 185 / 2001 Coll., are amended as follows:
1. In Article 5 (6), the words "and the Customs Administration of the Czech Republic 'shall be inserted after the words" the letter' and 'the comma'.
2. In Article 5, the following paragraph 7 is added:
"(7) No treatment is required for the activities of legal or natural persons setting up judicial toxicology laboratories, hygienic laboratories, specialised diagnostic, research and teaching institutes of universities and specialised diagnostic and scientific research institutes of the Czech Academy of Sciences, the list of which is established by the Ministry of Health by decree. An application for inclusion in this list shall be made using a form issued by the Ministry of Health. ';
3. In Article 6 (2), the words "and the Customs Administration of the Czech Republic 'shall be inserted after the words" The Army of the Czech Republic'.
4. In Article 6, the following paragraph 3 is added:
"(3) No authorisation for treatment is required for the activities of persons referred to in Article 5 (7)."
5. In Article 8, the following paragraphs 8 and 9 are inserted after paragraph 7:
"(8) The person who terminates the treatment permit and intends to continue to handle addictive substances, preparations and precursors shall be required to submit to the Ministry of Health an application for a new treatment permit no later than 6 weeks before the expiry of the treatment permit.
(9) Any changes to the information contained in the application for a treatment permit shall be made in writing to the Ministry of Health without delay. ';
Paragraphs 8 and 9 shall be renumbered paragraphs 10 and 11.
6. In Paragraph 8, the following sentence is added at the end of paragraph 10: "The Ministry of Health shall withdraw the authorisation for treatment if the holder of the authorisation has been convicted of a criminal offence the nature of which is linked to that activity. 5b) '.
footnote 5b is replaced by the following:
"5b) § 187, 187a, 188 and 188a of Act No. 140 / 1961 Coll., Criminal Act. '.
7. In Section 8, paragraph 12 is added:
"(12) Where the Ministry of Health decides not to issue a treatment permit or to issue a new treatment permit or to revoke a treatment permit by its decision, it shall specify in the decision the time limit for carrying out the cessation of operations and the way in which addictive substances, preparations and precursors are to be handled. ';
8. In Article 9 (4), the first sentence after the word "assessment 'is replaced by the words" which is not more than 3 months old on the day of the provision of the person responsible'.
9. In Article 12 (2), the words "treatment of them 'are replaced by the words" treatment of them under special legislation 5c)'.
footnote 5c is replaced by the following:
"(5c) Act No. 157 / 1998 Coll., on Chemicals and Chemicals and amending certain other laws, as amended."
10. In the first sentence of Paragraph 16, the words "produce or 'are deleted.
11. In Article 16, the current text becomes paragraph 1 and the following paragraphs 2, 3 and 4 are added:
"(2) A registration may be issued only to natural or legal persons who fulfil the conditions laid down in Paragraph 8 (5) and those laid down in a specific legislation. (c)
(3) Any changes to the data contained in the registration shall be communicated in writing to the Ministry of Health without delay.
(4) If a natural or legal person ceases to carry out an activity which has been the subject of registration, he shall immediately notify the Ministry of Health which shall cancel the registration. ';
12. in Article 21 (2), the following shall be added at the end of point (b): "or preparations containing ephedrine or pseudoephedrine."
13. In Paragraph 25 (2), the following sentence is inserted after the second sentence: "Authorisation to import macaquin may be issued for a period intended for several imports therein."
14. in Paragraph 26 (1) (b), the words "except for the products listed in Annex 8," shall be replaced by the words "; for the products listed in Annex 8 to this Act only the production estimate shall be given."
15. in Article 26 (1), the following shall be added at the end of point (c): "or preparations containing ephedrine or pseudoephedrine."
16. In Paragraph 26, the following paragraph 2 is inserted after paragraph 1:
"(2) The reporting obligation shall also apply to persons dealing with addictive substances, preparations and precursors referred to in Sections 5 (7) and 6 (3). These persons shall be required to transmit to the Ministry of Health the data referred to in paragraph 1. ';
Paragraph 2 shall become paragraph 3.
17. in Article 26 (3), the words "or, in the case of persons referred to in Articles 5 (7) and 6 (3)" shall be inserted after the word "treatment."
18.
Persons operating a pharmacy shall be required to transmit to the district office by the end of February an annual report for the previous calendar year on the state and movement of stocks of addictive substances listed in Annex 1 or 5 to this Act, as well as preparations containing them, with the exception of the products listed in Annex 8 to this Law. ';
19.
Persons registered with the Ministry of Health (§ 16), with the exception of sales of auxiliary substances, are required to transmit to the Ministry of Health
(a) by the end of February, for the previous calendar year, a report on the production, export and import of the excipients listed in Annexes 10 and 11 to this Act;
(b) by the 15th day of the following month, monthly export reports of the excipients listed in Annexes 10 and 11 to this Act in cases for which an export authorisation is required. 10b)
10b) Paragraph 1 of Decree No 304 / 1998 Coll., which provides for cases where no export authorisation for the export of excipients is required, details of the registration of addicts, preparations and precursors and the documentation of addicts, as amended by Decree No 143 / 2000 Coll. '
20.In the first sentence of Paragraph 32 (1), the words "as defined in 10c) 'shall be inserted after the words" lead'.
Footnote 10c) reads as follows:
"10c) Decree No. 304 / 1998 Coll., as amended by Decree No. 143 / 2000 Coll. '.
21. In the second sentence of Paragraph 32 (1), the following words shall be added after the word "care," "the clutch" and "at the end of the paragraph:" and persons referred to in § 5 (7) and 6 (3). "
22. In Paragraph 37 (1) (a), the amount "100 000 CZK" is replaced by "500 000 CZK," the clutch "a" is replaced by a comma and the words "and reporting obligations" are inserted after the word "documentation."
23. In Paragraph 39 (1), the last sentence is: "The Ministry of Health shall impose a fine pursuant to Paragraph 37 (1) (d) in respect of activities carried out on the basis of a permit for treatment, in other cases the fine shall be imposed by the District Office."
24. in Paragraph 43 (1), the words "Central government bodies" are replaced by the words "Ministry and other central administrative offices."
25. In Annex No 4, the word "4-MTA 'and the word" 2-amino-1- (4-methylthio-phenyl) propane' are inserted after the entry "MDMA '.
26. In Annex 5, the word "2C- B 'and the word" 4-bromo-2,5-dimethoxyphenethylamine' are added after the entry "Amfetamine '.
27. In Annex 7, the word "GHB 'and the word" 4-hydroxybutanoic acid' are added after the entry "Flurazepam '.
28. In Annex 7, the word "Zolpidem 'is added after the entry" Vinylbital' in the column "International non-proprietary name (INN) in the Czech language 'and under the column" Chemical name' in the word "N, N, 6-trimethyl-2- (4-methylphenyl) imidazo [1,2-a] pyridine-3-acetamide '.
The Prime Minister is hereby authorised to declare in the Collection of Laws the full text of Act No. 167 / 1998 Coll., on addictive substances and on the amendment of certain other laws, as is apparent from later laws.
Efficacy
This Act shall take effect on 1 January 2002.
Klaus v. r.
Havel v. r.
Zeman v. r.
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Regulation Information
| Citation | Act No. 407 / 2001 Coll., amending Act No. 167 / 1998 Coll., on addictive substances and amending some other laws, as amended |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 20.11.2001 |
|---|---|
| Effective from | 01.01.2002 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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