Act No. 451 / 2016 Coll.
Act amending Act No. 61 / 1988 Coll., on Mining Activities, Explosives and State Mining Administration, as amended, and Act No. 83 / 2013 Coll., on Labelling and Traceability of Explosives for Civil Use
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Effective from 13.01.2017
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13.01.2017
29.12.2016
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451
THE LAW
of 30 November 2016
amending Act No. 61 / 1988 Coll., on Mining Activities, Explosives and the State Mining Administration, as amended, and Act No. 83 / 2013 Coll., on Labelling and Traceability of Explosives for Civil Use
Parliament has decided on this law of the Czech Republic:
Amendment of the Mining Act, 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. 3 / 2005 Coll., Act No. 386 / 2005 Coll., Act No. 186 / 2006 Coll., Act No. 313 / 2006 Coll.
1. In Paragraph 1 (1) of the Introductory Part of the Provisions, the words "European Community1) 'are replaced by the words" European Union1'.
Footnote 1:
"(1) Directive 2014 / 28 / EU of the European Parliament and of the Council of 26 February 2014 on the harmonisation of the laws of the Member States relating to the making available on the market and supervision of explosives for civil use (recast). Directive 2005 / 36 / EC of the European Parliament and of the Council of 6 July 2005 on the recognition of professional qualifications. ';
2. in Paragraph 1 (1) (b), the words "and with explosive articles" shall be deleted;
3. in Paragraph 1 (3) (a), the words "explosive articles and equipment," shall be deleted and after the words "armed forces of the Czech Republic," shall be inserted the words "Military Police,"
4. In Paragraph 1 (3) (b), the words "explosive articles and equipment 'are deleted.
5. in Paragraph 1 (3) (c), including footnote 24:
"(c) explosives sought by pyrotechnics research, as well as free dust, black dust and matches, which are held under the terms of the Arms Act (24), by a natural or legal person for the purpose of overtaking ammunition for his own use or use in arms or by an arms and ammunition dealer for the purpose of their sale;
24) Act No. 119 / 2002 Coll., on firearms and ammunition (Act on Weapons), as amended. '
footnote 1h is deleted, including the footnote reference.
6. In Article 7 (2), the last sentence, including footnote 6, is deleted.
7. Paragraph 10 (7), including footnote 8b, is deleted.
Paragraphs 8 to 10 shall be renumbered paragraphs 7 to 9.
8. In Article 15 (1), the words "as well as in the control or maintenance of destroyed mining works," shall be inserted after the words "the disposal of old mining works."
9. In Paragraph 18 (1), the words "investor, owner of the mining work and citizens' are replaced by" legal and natural persons'.
10. in Paragraph 21 (1) (a), the words "and military munition1h)" shall be replaced by the words ", munici24) and pyrotechnic products23) ';
11. in Article 21, at the end of paragraph 1, the dot is replaced by a comma and the following point (l) is added:
"(l) the processing of explosives by a manufacturing operation or sequence thereof to which the explosive is subject, unless the final product is an explosive, in particular the manufacture of a pyrotechnic article, ammunition or ammunition containing the explosive.";
12. in Paragraph 21 (2):
"(2) In doubt whether it is a tearing job, the Czech Mining Office decides. In doubt whether it is an explosive, the Czech Mining Office will decide, which will also require the expression of the Ministry of Interior, the Ministry of Defence and the Czech Office for the Testing of Weapons and Ammunition."
13. in Paragraph 22 (2):
"(2) The organisation shall ensure the safety of the working environment and working conditions in the handling of explosives or equipment and ensure that instructions are sufficiently understandable for their use; the organisation is also required to provide evidence of the content of these instructions to the relevant personnel. The organization that makes the device available on the market shall provide proof of its properties and instructions for its use in the Czech language."
14. In Article 22 (5), the last sentence is replaced by the following: "The notification of the start, interruption or termination of the above activities shall include, in addition to the general procedural requirements of the Administrative Rules, the identification of the type of activity and the identification of the establishment or place of implementation of that activity by the organisations. The notification of termination shall not be required in the case of an activity carried out by an organisation on the basis of a concession in the scope of the business" research, development, production, processing, destruction, disposal, purchase, sale and storage of explosives "in an establishment listed in its trade register, where such trade authorisation has been revoked. '.
15. in Article 22 (13) and (14):
"(13) The organisation may only handle a plastic explosive containing the detection substance 13c), the type and quantity of which are provided for by implementing legislation, and only such plastic explosive may be made available on the market or otherwise provided.
(14) The restriction referred to in paragraph 13 shall not apply to plastic explosives manufactured or held exclusively for:
(a) the purpose of scientific research, development or testing new or modified explosives;
(b) the purpose of training in the detection of explosives or the production or testing of explosive devices; or
(c) judicial and criminal purposes. ';
16. In Paragraph 22, paragraphs 15 to 18 are added:
"(15) An organisation to produce or hold plastic explosives as referred to in paragraph 14 shall have the consent to the activity in question. Consent is issued by the Czech Mining Office. In addition to the general requirements laid down in the Administrative Rules, the organisation's application for such consent shall include documents and justifications demonstrating compliance with the conditions set out in points (a) to (c) of paragraph 14, an indication of the quantity and type of relevant plastic explosives and evidence that, after the completion of the activity, the organisation has demonstrated destruction or marking of unconsumed plastic explosives. There is no legal claim for consent.
(16) The organisation shall also be obliged to:
(a) develop and maintain operational documentation for each activity;
(b) prevent unauthorised persons from entering and carrying out explosives;
(c) ensure professional and safe handling of explosives;
(d) arrange the work in such a way that workers are not exposed to an increased risk of harm to health or that the safety and health of workers are not jeopardised;
(e) maintain order and cleanliness in and around the workplace;
(f) to prevent the use of open fire, hot objects, as well as the introduction of objects capable of causing undesirable explosive transformations into places where explosives are handled, excluding the nature of the activity; and
(g) ensure protection against the dangerous effects of external influences.
(17) The types and quantities of the detection substances referred to in paragraph 13, as well as the content of the operational documentation, the requirements for ensuring the safety and health of the work and safety of the operations referred to in paragraph 16, are laid down in a decree.
(18) The development, manufacture, repair, modification, degradation and destruction of ammunition or ammunition, including the delaboration of ammunition, in which explosives are handled, is also considered to be the manufacture or processing of explosives under this Act. "
17.
Additional conditions for handling explosives
(1) The Czech Mining Authority issues a binding opinion on the application for a concession "Research, development, production, destruction, purchase, sale and storage of explosives and ammunition, processing and disposal of explosives, degradation and delaboration of ammunition" within the scope of the subject-matter of the enterprise "research, development, production, processing, destruction, disposal, purchase, sale and storage of explosives" according to the Trade Code 13d). When issuing a binding opinion according to the first sentence, the Czech Mining Authority assesses whether the organisation owns or has the required activity under contract
(a) the buildings or areas used for such activities in accordance with the construction law; and
(b) the equipment necessary for carrying out this activity.
(2) The handling of explosives is authorised under the conditions laid down by this Law
(a) an organisation established in the territory of the Czech Republic or a foreign person established or resident in another Member State of the European Union holding a licence for the pursuit of trade in the full or partial extent "research, development, production, processing, destruction, destruction, purchase, sale and storage of explosives and the execution of explosive works,"
(b) an organisation having its registered office in another Member State of the European Union temporarily providing services within the territory of the Czech Republic under the terms of the Law on the free movement of services, provided that it is authorised in the Member State of the European Union in which it has its registered office to handle explosives;
(c) the organisations referred to in the decision referred to in Article 25b, 25c or 25d as carriers of explosives, engaged in the licensed trade in road transport or in the trade of mail and technical activities in transport or a similar foreign person having his registered office or residence in another Member State of the European Union in the case of the transport of explosives under this law;
(d) the management of material State reserves in the case provided for in Paragraph 25 (1) (b);
(e) a public university or legal person set up by law and aimed at research and development, based in the Czech Republic, or a public research institution established by them, in the performance of its teaching tasks in the framework of an accredited study programme and research and expertise tasks; or
(f) an organisation which is a notified body having its registered office in the territory of the Czech Republic or having its registered office in another Member State of the European Union with a branch in the territory of the Czech Republic in the case of carrying out conformity assessment tasks under the Act on conformity assessment of specified products or by an accredited person having its registered office in the territory of the Czech Republic in the field of state testing. "
18.
If the conformity of an explosive has been assessed by a notified body which does not have its registered office on the territory of the Czech Republic under the legislation governing conformity assessment of specified products25), the notified body for explosives having its registered office on the territory of the Czech Republic must, at the request of the organisation, verify compliance of the instructions for its use with the requirements laid down by the legislation of the Czech Republic.
25) Act No. 90 / 2016 Coll., on conformity assessment of specified products when making them available on the market. Government Decree No. 97 / 2015 Coll., on Technical Requirements for Explosives. '
footnote 13e is deleted, including the footnote reference.
19. Paragraph 25 (1) and (2), including footnotes 26 and 27, read:
"(1) The acquisition or transfer of explosives shall be possible only on the basis of an authorisation. The Czech Mining Office shall decide on the issue of the authorisation upon application. The applicant may only be the organisation receiving the explosive. No authorisation is required for:
(a) the acquisition and transfer of powder, black dust and matches provided that they are intended for the production of ammunition or use in arms pursuant to the Weapons Act (24), acquired or transferred under its conditions and within the maximum amount laid down by it or under the terms of the law governing the control of trade in products the possession of which is restricted for safety reasons in the Czech Republic (26);
(b) the acquisition of explosives into State tangible reserves; the explosive may be provided by the Administration of State tangible reserves only to the authorities and bodies referred to in Article 1 (3) (a);
(c) the acquisition of an explosive within the framework of its withdrawal from the market or recall by a decision of the supervisory authority pursuant to a Regulation governing conformity assessment of specified products25) or a directly applicable regulation governing market surveillance (27), as well as the acquisition of an explosive by a notified body or an accredited person for the purpose of carrying out tests ordered by the supervisory authority under this legislation or this law, or, in the case of a regulation of a measure pursuant to Article 45 (3).
(2) The applicant may request authorisation for the single or repeated acquisition or transfer of explosives. A single permit may allow the re-acquisition or transfer of explosives only between one applicant and one supplier. The authorisation shall be valid for a maximum period of 3 years, unless a shorter period is specified therein.
26) Act No. 228 / 2005 Coll., on the control of trade in products whose possession is restricted in the Czech Republic for security reasons and on the amendment of certain laws, as amended.
(27) Regulation (EC) No 765 / 2008 of the European Parliament and of the Council of 9 July 2008 laying down requirements for accreditation and market surveillance relating to the marketing of products and repealing Regulation (EEC) No 339 / 93. "
20. Paragraph 25 (3) is deleted.
Paragraph 4 shall become paragraph 3.
21.
Details of the application for authorisation for the transfer and acquisition of explosives
(1) The applicant shall indicate in the application, in addition to the general requirements laid down in the Administrative Rules:
(a) their telephone number, fax number or e-mail address, where appropriate;
(b) the identification details of the explosive supplier in accordance with the administrative rules and the number of his telephone, fax number or e-mail address, where appropriate;
(c) the identification of the explosives carrier in accordance with the administrative rules and the number of his telephone, fax number or e-mail address, where appropriate;
(d) the way in which explosives are transferred or acquired and the route of transport of explosives;
(e) the estimated date of transfer or acquisition of explosives;
(f) the required period of validity of the authorisation,
(g) the quantity of explosives to be authorised;
(h) a full description of the explosive, consisting of the UN number, classification code, trade name or designation in accordance with Annex A to the Europe Agreement on the International Carriage of Dangerous Goods by Road (ADR), the name or business name and registered office of the manufacturer and details of whether the explosive is bearing the designation CE25); and
(i) the purpose, place of use and place of storage of explosives.
(2) In the case of authorisations for the re-transfer or acquisition of explosives, the application may not contain the information referred to in paragraph 1 (d) and (e). ';
22. § 25b, including the title reads:
Decision granting an authorisation for the transfer and acquisition of explosives
The decision authorising the acquisition or transfer of explosives, other than the general requirements of the Administrative Rules, shall include:
(a) details of the applicant as referred to in Article 25a (1) (a);
(b) information on the supplier pursuant to Article 25a (1) (b);
(c) details of the carrier pursuant to Article 25a (1) (c);
(d) the data referred to in Article 25a (1) (d), where required by this law;
(e) the information referred to in Article 25a (1) (e), where required by that law;
(f) the period for which the authorisation is issued;
(g) the quantity and full description of explosives referred to in Article 25a (1) (h);
(h) the purpose, place of use and place of storage of explosives;
(i) other conditions, if necessary for the security interests of the Czech Republic. "
23. Paragraph 25c (1) to (6), including footnote 28, read:
"(1) An authorisation shall be required for the export of explosives and the import of explosives. The Czech Mining Authority will decide on the issue of the permit upon request. The authorisation to export shall not be required for free powder, black dust and matches if they are intended for the production of ammunition or use in arms, exported under the conditions of the directly applicable European Union export authorisation regulation, the arrangements for the import and transit of firearms, their components, parts and ammunition (28). No import permit shall be required for free dust, black dust and matches if they are intended for the production of ammunition or use in a weapon, imported under the conditions of the Act governing the control of trade in products whose possession is restricted from safety reasons in the Czech Republic (26).
(2) An application for authorisation to export explosives from the Czech Republic or for authorisation to import explosives shall be submitted by an exporter or importer authorised to dispose of explosives pursuant to Article 23 (2) (a), (b), (d) to (f). The applicant may request authorisation for single or repeated export or import of explosives. A single authorisation may allow the re-export or import of explosives only between one applicant and one supplier. The authorisation shall be valid for a maximum period of 3 years, unless a shorter period is specified therein.
(3) The applicant shall indicate in the application for authorisation to export or import, in addition to the general requirements laid down in the Administrative Rules:
(a) their telephone number, fax number or e-mail address, where appropriate;
(b) in the case of exports, the name or business name and registered office of the receiving organisation and the number of its telephone or fax number or e-mail address, and, if known, the same end-user information,
(c) in the case of import, name or business name and registered office of the supplier and his telephone number, fax number or e-mail address, and purpose, place of use and place of storage of explosives,
(d) identification of the explosives carrier and his telephone number, fax number or e-mail address, if any;
(e) the method of exporting or importing explosives and the route of transporting explosives;
(f) the estimated date of export or import of explosives;
(g) the required period of authorisation;
(h) a full description of the explosive referred to in Section 25a (1) (h); and
(i) the quantity of explosives to be exported or imported.
(4) In the case of authorisation to re-import or export explosives, the application need not contain the particulars referred to in paragraph 3 (e) and (f).
(5) The applicant shall accompany the application:
(a) a certified copy of the document of security of a natural person for carrying out a sensitive activity or a valid certificate of a natural person under the rules governing the protection of classified information;
(b) if export is concerned, the end-use document in its original version not more than 90 days old or a certified copy thereof, together with its officially certified translation into the Czech language; This document shall contain:
1. the name of the State in whose territory the place of final use of explosives is situated;
2. the name of the issuing authority;
3. the trading firm or name and registered office, or the name or, where applicable, the name, surname and registered office of the end-user,
4. a full description of the explosives referred to in Article 25a (1) (h);
5. Information on the end-use of explosives,
6. an anti-re-export clause containing the condition of the consent of the state authorities of the Czech Republic to any re-export to third countries; and
7. the date of issue of the end-use document and, where applicable, its period of validity, the name and, where applicable, the name, surname and stamp and the signature of the authorised representative of the issuing authority of the foreign State; and
(c) the explosive safety data sheet, if it is drawn up in accordance with a directly applicable European Union regulation governing the registration, evaluation, authorisation and restriction of chemicals, or information enabling the safe use of the article, if the safety data sheet is not available from the export authorisation application submitted by the Czech Mining Authority in the past 3 years.
(6) The decision authorising the export or import of explosives, other than the general requirements of the Administrative Rules, shall include:
(a) the applicant's identification data in accordance with the administrative rules and paragraph 3 (a);
(b) in the case of exports, the particulars referred to in paragraph 3 (b);
(c) in the case of imports, the particulars referred to in paragraph 3 (c);
(d) details of the carrier referred to in paragraph 3 (d);
(e) the period for which the authorisation is issued;
(f) a full description of the explosives exported or imported pursuant to Article 25a (1) (h);
(g) the quantity of explosives to be exported or imported;
(h) the particulars referred to in paragraph 3 (e) and (f), where required by this law;
(i) in the case of exports of a transit country through which transport is not authorised because of an international situation, in particular an embargo or a war situation;
(j) in the case of exports, an anti-re-export clause containing the condition of the consent of the state authorities of the Czech Republic to any re-export to third countries; and
k) other conditions, if necessary from the security or foreign political interests of the Czech Republic.
28) Regulation (EU) No 258 / 2012 of the European Parliament and of the Council of 14 March 2012 implementing Article 10 of the United Nations Protocol against the illicit manufacture and trade of firearms, parts and ammunition, supplementing the United Nations Convention against Transnational Organised Crime (UN Firearms Protocol), which provides for export permits and arrangements for the import and transit of firearms, their components, parts and ammunition. ';
24. in Paragraph 25c (9):
"(9) Where the opinions of the authorities concerned referred to in paragraph 7 contain classified information, parts of the file in which that information is contained shall be kept separately from the file. ';
25. in Article 25c (10), the words "Supervisory Board" shall be replaced by "Supervisory Authority."
26. In Article 25d, the sentence "Authorisation shall not be required in the case of transit of free dust, black dust and matches under the Weapons Act 24), if they are intended for the production of weapons or ammunition, or under the law governing the control of trade in products whose possession is restricted from safety reasons in the Czech Republic (26)."
27. in Article 25d (2) to (4):
"(2) The organisation referred to in Article 23 (2) (a) to (c) shall apply for authorisation under paragraph 1. The application shall specify, in addition to the general requirements laid down in the Administrative Rules:
(a) their telephone number, fax number or e-mail address, where appropriate;
(b) identification details of the consignee of the explosives and his telephone number, fax number or e-mail address, where appropriate;
(c) identification details of the explosives supplier and his telephone number, fax number or e-mail address, where appropriate;
(d) identification of the explosives carrier and his telephone number, fax number or e-mail address, if any;
(e) estimated date and route of transit of explosives, the date and place of entry into the Czech Republic and the date and place of exit from the Czech Republic,
(f) the required period for which authorisation is to be granted;
(g) the quantity of explosives to be carried; and
(h) a full description of the explosive referred to in Article 25a (1) (h).
(3) The application shall be accompanied by the consent of the neighbouring State to enter its territory if that State so requires.
(4) The transit authorisation contains:
(a) the applicant's identification data in accordance with the administrative rules and paragraph 2 (a);
(b) the particulars referred to in paragraph 2 (b);
(c) the particulars referred to in paragraph 2 (c);
(d) the particulars referred to in paragraph 2 (d);
(e) the period for which the authorisation is issued;
(f) the quantity of explosives to be carried and their full description as referred to in Article 25a (1) (h);
(g) the date and place of entry into the Czech Republic and the date and place of exit from the Czech Republic; the obligations under Article 25f are without prejudice to this;
(h) the route of transit of explosives through the Czech Republic. ';
28. in § 25e (1) of the introductory part of the provision, the words "Authority of the State Mining Administration" are replaced by the words "Czech Mining Authority."
29. in Paragraph 25e (2), the words "Competent Authority of the State Mining Administration" are replaced by the words "Czech Mining Authority."
30. In § 25e (3) of the introductory part of the provision, the words "The authorities of the State Mining Administration may grant an authorisation" shall be replaced by "The Czech Mining Authority may grant an authorisation."
31. in Article 25f (1):
"(1) An organisation that transports an explosive in the case of a shipment initiated on the territory of the Czech Republic, or an organisation that holds a permit for transit, transfer or import in the case of a shipment not commenced on the territory of the Czech Republic, is required to notify the transport of explosives to the Czech Republic via an electronic system enabling remote access. The notification shall include:
(a) the number of the permit for the acquisition, transfer, import, export or transit of explosives, the date of its issue as regards the shipment carried out under such an authorisation;
(b) the identification details of the organisations between which, or within which, the transfer, acquisition, export, import, transit or transport of explosives takes place;
(c) the transport route and the address of the places from and to which the explosives are to be transported;
(d) the quantity of explosives to be carried and their description, consisting of the UN number, classification code and trade name of the explosive or the designation in accordance with Annex A to the Europe Agreement on the International Carriage of Dangerous Goods by Road (ADR);
(e) means of transport, means of transport, details of the carrier, connections to the service of the means of transport or to the person responsible for transporting explosives on the territory of the Czech Republic and identification of the means of transport, in particular location data and registration marks, enabling the police of the Czech Republic to monitor its current location continuously; and
(f) the date, place and time of departure or the date, place and time of entry into the Czech Republic.
The notification must be made at least 24 hours before the start of transport or entry into the Czech Republic. If the means of transport is equipped with the equipment referred to in paragraph 2, the notification shall be made at least 1 hour before the start or entry of the means of transport into the Czech Republic. The transport of explosives not consumed in the shredding works may be notified by telephone at least 1 hour before it is carried out, irrespective of whether or not the means of transport is equipped with the equipment referred to in paragraph 2. ';
32. in Article 25f (6), the words "including their trade names" shall be inserted after the words "explosives";
(33) Paragraph 25g (1) and (2), including footnote 29, read:
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Regulation Information
| Citation | Act No. 451 / 2016 Coll., amending Act No. 61 / 1988 Coll., on Mining Activities, Explosives and State Mining Administration, as amended, and Act No. 83 / 2013 Coll., on Labelling and Traceability of Explosives for Civil Use |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 29.12.2016 |
|---|---|
| Effective from | 13.01.2017 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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