Decree No. 412 / 2004 Coll.
Decree amending Decree No. 222 / 1995 Coll., on waterways, navigation in ports, common accident and transport of dangerous goods
Valid
Order
Effective from 02.08.2004
Text versions:
02.08.2004
15.07.2004
412
DECLARATION
of 23 June 2004
amending Decree No 222 / 1995 Coll., on waterways, navigation in ports, common accidents and the transport of dangerous goods
The Ministry of Transport provides pursuant to Section 52 of Act No. 114 / 1995 Coll., on Inland Navigation, as amended by Act No. 358 / 1999 Coll. and Act No. 118 / 2004 Coll., hereinafter referred to as "the Act ':
Decree No 222 / 1995 Coll., on waterways, navigation in ports, common accidents and the transport of dangerous goods, is amended as follows:
1. In § 35 the title reads:
"Transport of dangerous goods
(Articles 36 (2) and 36a (7) and (8) of the Law) '.
Paragraph 37 reads as follows:
(1) The sailing authority may delegate to a legal or natural person, in accordance with Paragraph 36a (6) of the Act (hereinafter referred to as the "authorised person,") the performance of the activities related to the provision of training and testing of applicants for the issue of a safety adviser's certificate of competence, provided that:
(a) approve by the delegate a detailed training programme, which is a condition for obtaining a certificate of competence of a safety adviser (hereinafter referred to as "training"), specifying the content of the teaching and indicating the timetable and the planned teaching methods; in the context of training, sufficient information shall be provided to its participants on the risks associated with the transport of dangerous goods, on inland waterway legislation and on the duties of the safety adviser, to the extent of the knowledge listed in Annex 3;
(b) approved by the authorised person a list of questions which are included in the test, the composition of which is a condition for obtaining a certificate of professional competence of a safety adviser (hereinafter referred to as the test);
(c) the authorised person undertakes to inform the navigational authority in due time of the time and place of the training and tests so that the navigation authorities' representatives can attend the training and examinations;
(d) the authorised person shall demonstrate that his business does not include activities related to the loading, unloading or transport of dangerous goods on inland waterways and that the natural persons who provide training for him have the required expertise in accordance with paragraph 2, by means of an extract from the commercial, commercial or similar register of another Member State of the European Union which is not more than 3 months old;
(e) approved by the authorised person the proposed method of organisation of the tests, which in particular ensures the impartiality of the tests, including the timetable.
(2) Natural persons carrying out training must have the expertise in the subjects they provide information on as part of the training, as confirmed by practice of two years. Natural persons carrying out tests shall have expertise within the scope of Annex 3, as confirmed by practice of two years. ';
footnote 4 is deleted.
3. Paragraph 38, including footnote 4, reads:
(1) A certificate of professional competence of a safety adviser (hereinafter referred to as "the certificate") shall be issued by the navigational authority on the basis of a request submitted to the navigation authority. The application shall contain the name, surname, address of residence and date and place of birth of the applicant and shall be accompanied by evidence of successful completion of the graduation examination or other comparable tests4), proof of completion of the training awarded by the authorised person and protocol of successful completion of the examination referred to in paragraphs 2 to 6.
(2) The test shall be organised by the authorised person. The sailing authority shall appoint and withdraw in writing a three-member examination committee composed of persons authorised to carry out the examinations referred to in Paragraph 37 (2), which shall act by a majority vote. The applicant for a certificate shall submit an application for a test to the authorised person. Upon receipt of the application, the authorised person shall inform the tenderer of the date, place of the examination and the amount of the cost of the examination to be paid by the tenderer before the examination. The reimbursement of test costs shall be determined on the basis of the cost effectively incurred associated with the organisation of the test.
(3) The test shall include a written test containing at least 20 questions at least to the extent of the knowledge listed in Annex 3. In the case of questions with several possible answers, such two questions shall be considered as one question. The questions must be aimed in particular at general protection and security measures, classification of dangerous goods, general packaging requirements, hazard marking and safety marks, transport documents, handling of dangerous goods, training of crews, ship lists, safety instructions and technical requirements for vessels. The examination shall include a written solution of the case study in accordance with the responsibilities of the Security Advisor. The written examination may be supplemented by an oral examination if necessary by further verification of the applicant's knowledge of certification. The test shall be conducted according to the test schedule approved by the sailing authority, which shall be published by the Ministry of Transport (hereinafter referred to as the Ministry) in the Transport Bulletin. In particular, the test schedule shall establish the procedure for announcing the dates of the tests, together with the time limits for applying for each test period, the method for applying for the test and the acceptance of the application for the test, the rules for the conduct of the test, including the participation of the persons concerned in the examination room during the examination, the method of evaluation of the whole test and the cases where the written examination must be supplemented by an oral examination.
(4) The recognition of professional qualifications or other qualifications acquired by nationals of the Member States in another Member State of the European Union shall be governed by a special law (4).
(5) If the test committee only partially recognises the professional qualifications, the candidate may pass the difference test. For the differential test, the candidate shall not be tested in those areas where he has been recognised as a professional qualification.
(6) A report signed by all members of the examination committee shall be issued by the authorised person to the applicant for the certificate. In the event that the applicant has failed the test, the whole or part of the test in which he has failed may be repeated only once, without undergoing a new training. Further repetition of the test is possible after new training.
(7) The safety adviser's certificate, the model of which appears in Annex 4, is valid for a period of 5 years from the date of issue. The period of validity of the certificate shall be extended by 5 years, provided that the safety adviser has attended the training provided for in Paragraph 37 (1) (a) during the last year before the expiry of the certificate or has passed the test successfully and has documented this fact.
4) 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). '.
4. The following Section 38a is inserted after Section 38, including the title and footnotes 5 and 6:
Water transport account
(K § 37f (3) of the Act)
(1) The Water Transport Account (hereinafter referred to as "Account") is established in the form of a special current account in which the Ministry records the operator's funds separately in three special sub-accounts: the sub-account of operators carrying out the transport of dry goods, the sub-account of operators carrying liquid goods and the sub-account of operators carrying out the transport by tugs.
(2) The revenue of the account is governed by the provisions of the European Communities governing Community policy on the capacity of the inland fleet and its renewal (5).
(3) The funds from the account may be allocated only on request, which shall include the following elements:
(a) identification details of the applicant (name, surname and surname, where applicable, business name, address of residence, place of business and identification number of the undertaking or firm or name, registered office and legal entity identification number),
(b) vessel identification data (name of vessel, type of vessel, registration mark, vessel owner identification data, place of registration and registration number),
(c) the amount of the scrapping premium applied for;
(d) the date of scrapping of the vessel.
(4) The application for the allocation of funds from the account shall be supported by:
(a) the ship's certificate in force at the time the vessel was scrapped;
(b) proof that the vessel has been scrapped by breaking the hull, destroying the hull and the engine, where appropriate;
(c) proof that the vessel has carried out at least 10 voyages during the 24 months preceding the application for transport of goods over 50 km at a cost capacity of at least 70%.
(5) If the Ministry has reasonable doubts as to the technical and operational competence of the vessel, the applicant shall, at the request of the applicant, also submit, within a specified time limit, a technical expert opinion demonstrating such competence, issued by the recognised classification organisation6).
(6) There is no legal claim to provide funds from an account.
5) Council Regulation (EC) No 718 / 1999 of 29 March 1999 on a policy to promote inland waterway transport as regards the capacity of the Community fleet.
6) Decree No. 223 / 1995 Coll., on the eligibility of vessels to operate on inland waterways, as amended by Decree No. 83 / 2000 Coll. '.
5. Annex No 2 is deleted "Note:" European Agreement on the International Carriage of Dangerous Goods by Road - ADR, Part 1, Annex A, a detailed list of dangerous goods is published in SEVT publications. "
6. In Annex 2, the following paragraph is inserted after "Other dangerous substances and articles':
"A safety consultant may not be required to carry:
1. fuel, lubricants and other substances necessary for the operation of the vessel and placed in prescribed tanks and spaces;
2. dangerous goods in quantities not exceeding 3 000 kg, except as regards:
(a) substances and goods of classes 1 and c;
(b) Class 2 substances,
(c) substances of Class 4.1 or 5.2;
(d) Class 7 substances,
(e) substances transported in tanks;
(f) Class 3 substances,
(g) substances of Class 4.2;
(h) substances of Class 4.3;
(i) substances of Class 5.1. ';
7. The following Annexes 3 and 4 are inserted after Annex 2, including the headings and footnotes 7 and 8:
"Annex No 3
Knowledge required for the issue of a safety adviser's proficiency certificate
I. General precautions and precautions:
- knowledge of the consequences of accidents in the transport of dangerous goods,
- knowledge of the main causes of accidents.
II. The provisions of national law, of the European Communities (EC) and of international conventions and agreements relating to inland waterway transport, namely:
1. classification of dangerous goods:
- procedures for classifying solutions and mixtures,
- the structure of the list of substances,
- the classes of dangerous goods and their classification principles,
- the characteristics of the dangerous substances and articles carried,
- their physical, chemical and toxicological characteristics;
2. general requirements for packaging including tanks, tank containers, etc.:
- types of packaging, coding and marking,
- packaging requirements and rules for the testing of packaging,
- the state of packaging and regular checks;
3. hazard marking and safety marks:
- data on safety marks,
- placing and removal of safety marks,
- labelling;
4. formalities for transport documents:
- information in the transport documents,
- the consignor's declaration of conformity;
5. means of transport and restrictions on dispatch:
- cargo,
- transport of bulk and bulk consignments,
- transport in large bulk containers,
- transport in containers,
- transport in non-removable and removable tanks;
6. passenger transport;
7. prohibitions and precautions for carriage concerning common loading;
8. the separation of substances;
9. restrictions on quantities carried and quantities exempted;
10. handling and loading of cargo:
- loading and unloading (degree of loading),
- storage and separation;
11. cleaning or degasification before loading and after unloading;
12. crew: training;
13. accompanying documents:
- the transport document,
- written instructions,
- shipping documents, including a certificate that the vessel is fit to carry dangerous goods,
- crew training certificates,
- other documents;
14. safety instructions: the application of instructions and crew protective equipment;
15. obligation to supervise vessels: anchoring and standing;
16. navigation regulations and restrictions under specific legislation7);
17. Pollutant leakage during operation and in accidents, accidents (8);
18. Requirements concerning vessels.
7) Decree No. 344 / 1991 Coll., which publishes the Order of Navigation Safety on Inland Waterways of the Czech and Slovak Federal Republic, as amended by Decree No. 223 / 1995 Coll. Act No. 254 / 2001 Coll., on waters and amending certain laws (Water Act), as amended. Decree No. 241 / 2002 Coll., on the determination of water tanks and watercourses on which navigation of vessels with combustion engines is prohibited and on the extent and conditions of use of surface water for navigation.
8) Sections 40 and 41 of Act No. 254 / 2001 Coll., as amended.
Příloha č. 4
Annex No 4
Model of certificate
EC certificate of professional competence of the safety adviser for the transport of dangerous goods in inland waterway transport
This Decree takes effect on 2 August 2004.
Minister:
Ing. Šimonovský v. r.
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Regulation Information
| Citation | Decree No. 412 / 2004 Coll., amending Decree No. 222 / 1995 Coll., on waterways, navigation in ports, common accident and transport of dangerous goods |
|---|---|
| Regulation Type | Order |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 15.07.2004 |
|---|---|
| Effective from | 02.08.2004 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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