Government Decree No. 452 / 2004 Coll.
Government Regulation laying down the method of evaluation of the major accident prevention and safety report safety programme, the content of the annual control plan, the procedure for carrying out checks, the content of information and the content of the resulting control report
Valid
Regulation
Effective from 16.08.2004
Text versions:
16.08.2004
04.08.2004
452
GOVERNMENT REGULATION
of 16 June 2004
laying down how to evaluate the security programme for major accident prevention and safety reports, the content of the annual control plan, the procedure for carrying out the check, the content of the information and the content of the resulting control report
The Government hereby mandates, pursuant to Article 22 (8) of Act No 353 / 1999 Coll., on the prevention of major accidents caused by selected hazardous chemicals and chemical products and amending Act No 425 / 1990 Coll., on District Offices, the modification of their responsibilities and on certain other measures related thereto, as amended, (Act on the Prevention of Major Accidents), as amended by Act No 82 / 2004 Coll.:
Method of evaluation of the major accident prevention programme and safety report
(1) The Ministry of the Environment (hereinafter referred to as "the Ministry"), when assessing the analysis and assessment of major accident risks and preventive security measures (1), controls compliance with the principles set out for their evaluations (2).
(2) The Ministry in its observations (3) on the security programme for the prevention of a major accident (hereinafter referred to as "the programme") and on the safety report,
(a) identification of the operator's premises or facilities (4);
(b) an assessment of the analysis and assessment of the risks of a major accident and its possible consequences;
(c) an assessment of preventive safety measures and the suitability and adequacy of means to mitigate the possible consequences of a major accident;
(d) recommendations to supplement the programme or the safety report, including proposals to focus the checks carried out).
(3) The statement of the Ministry, the content of which is set out in paragraph 2, is the basis for the decision on the approval of the programme or safety reports and their updates (6) and for the preparation of the annual control plan by the Czech Environmental Inspection5).
Method of processing and content of the annual control plan
(1) The Czech environmental inspection will process the draft annual plan for inspection (5) for the following calendar year immediately and send it by 31 August of the current year to the regional authorities and other administrative offices (7) to carry out the inspection.
(2) The Regional Authorities and other administrative offices to carry out the inspection will send their possible comments on the draft annual control plan in writing by 30 September of the current year.
(3) The Czech environmental inspection will send it to the Ministry for approval by 15 October of the current year following the modification of the draft annual control plan on the basis of the comments received. The Ministry will approve and send by 15 November of the current year to the Czech Environmental Inspection Office, which will send the approved annual control plan by 20 November of the current year to the regional authorities and other administrative authorities which will carry out the inspection by the Ministry for the immediately following calendar year. Those authorities shall include checks from the approved annual control plan in their annual control plan.
(4) The annual control plan shall include:
(a) a plan for checking compliance with the general conditions of major accident prevention (8);
(b) the list of operators of objects or installations included in groups A and B9) for which control will be carried out;
(c) the days on which the check will be carried out;
(d) the list of administrative offices to carry out the inspection;
(e) the further focus of the control by type of activity in controlled objects or facilities;
f) the date of transmission of information on the control of the Czech Environmental Inspection Agency,
(g) the date of transmission of the report on the outcome of the inspection to the Regional Office and the Ministry.
Procedure for carrying out checks
(1) For each planned annual inspection by operators (4) The Czech Environmental Inspection Office shall, within 20 working days of the date of commencement of the inspection, process, focus and deadline in writing, including:
(a) identification of the operator and of the premises or facilities used by him to be inspected;
(b) the name of the Regional Office and other administrative offices which will carry out the inspection together with the Czech Environmental Inspection11),
(c) the name, surname and employer of the manager and members of the control group;
(d) an indication of whether this is the first check after approval of the programme or the safety report or a repeated check;
(e) the focus of the control, taking into account also the possibility of domino effects, possible consequences of a major cross-border accident, the Ministry's recommendation referred to in the statement referred to in Article 1 (2), the results of previous checks, reports on any major accident of a controlled object or plant, experience of major accidents of similar objects or equipment, complaints received, changes in ownership of the object or plant, serious changes in the composition or number of staff of the operator, reports of major changes in the object or plant, results of the examination of the programme or safety report provided by the operator, the degree of scientific and technical development achieved;
(f) the days on which the check will be carried out.
(2) Within 30 working days of the date of commencement of the inspection referred to in paragraph 1, the Regional Office and the other administrative offices to carry out the inspection shall send the Czech Environmental Inspection Office the names and surnames of the members of the control group and the Czech Environmental Inspection Office shall designate the head of the control group.
(3) The check shall include:
(a) compliance with the obligation to negotiate liability insurance for damage caused by a major accident (12);
(b) fulfilment of obligations related to the assessment of the risk of a major accident (13);
(c) compliance with the obligation to propose the inclusion of an object or installation in the relevant group 14),
(d) an assessment of the accuracy, completeness and timeliness of the security report programme, including the incorporation of the recommendations in the Ministry's observations (§ 1 (2));
(e) the requirements laid down in the internal emergency plan;
(f) completeness of the documentation for the determination of the emergency planning zone and for the processing of the external emergency plan;
(g) other elements specified in the operator's control and the object or equipment used by him.
If a repeated check is carried out, compliance with the conditions set out in the decision imposing measures to remedy the deficiencies identified shall also be assessed. 15
(4) The Czech environmental inspection will communicate to the operator of the premises or facilities to be inspected the dates on which the inspection will be carried out at least 10 working days before the date of commencement of the inspection. Each member of the control group shall be demonstrated by an authorisation specifying the purpose of the check, the name and surname and the employer of the members of the control group. The notification of the date of the check shall not be made when the quantities of dangerous substances are unplanned.
Content of information and content of the final control report
(1) On each control carried out (5), the Regional Office and the other administrative offices carrying out the inspection shall process the information in writing (11), the contents of which are set out in Annex 1 to this Regulation. Representatives of the Regional Authority and other administrative offices carrying out the inspection will send the Czech Environmental Inspection Information on the partial inspection carried out within 10 working days of its finalisation.
(2) On the basis of the information processed in accordance with paragraph 1 and on the basis of its own findings, the Czech Environmental Inspection Office shall draw up in writing a final report on the controls16), the content of which is set out in Annex 2 to this Regulation.
Repeal
Government Regulation No 6 / 2000 Coll., laying down the method of evaluation of the major accident prevention and safety report, the content of the annual control plan, the procedure for carrying out the check, the content of the information and the content of the resulting control report, is hereby repealed.
Efficacy
This Regulation shall enter into force on 16 August 2004.
Prime Minister:
PhDr. Špidla v. r.
Minister of Environment:
RNDr. Ambrozek v. r.
Příloha č. 1
Annex No. 1 to Government Decree No. 452 / 2004 Coll.
Content details of information on the outcome of the check
1. Name and address of the administrative office which carried out the inspection.
2. The name and surname of the employee who carried out the check under the authority of the administrative authority as a member of the control group.
3. Identifying details of the operator and the object or equipment used by him for which the inspection has been carried out.
4. Name and functional classification of the person authorised by the operator to participate in the inspection.
5. A brief description of the operator's controlled object or equipment.
6. The result of the inspection in the scope of its subject matter and focus.
7. The result of the check on compliance with any previously imposed measures to remedy the deficiencies identified, including those imposed after a major accident, if any.
8. A description of the deficiencies identified when checking the operator's premises or facilities.
(9) A description of the deficiencies identified which have been remedied during the inspection.
10. Proposal for measures to remedy identified deficiencies, including the setting of conditions and deadlines for its implementation.
11. Information on the possible initiation of proceedings under special legislation.
12. The signature of the member of the control group, the stamp of the administrative office whose staff member carried out the inspection and the signature and functional classification of the person authorised by the operator to participate in the inspection.
Příloha č. 2
Annex No 2 to Government Decree No. 452 / 2004 Coll.
Content details of the report on the outcome of the check
1. Names and addresses of the administrative offices which carried out the inspection.
2. Name, surname and employer of the manager and members of the control group who carried out the check.
3. Identifying details of the operator and the object or equipment used by him for which the inspection has been carried out.
4. Name and functional classification of the person authorised by the operator to participate in the inspection.
5. A brief description of the operator's controlled object or equipment.
6. The result of the inspection in the scope of its subject matter and focus.
7. The result of the check on compliance with any previously imposed measures to remedy the deficiencies identified, including those imposed after a major accident, if any.
8. A description of the deficiencies identified when checking the operator's premises or facilities.
(9) A description of the deficiencies identified which have been remedied during the inspection.
10. Proposal for measures to remedy identified deficiencies, including the setting of conditions and deadlines for its implementation.
11. Information on the possible initiation of proceedings under special legislation.
12. The operator's comments on the results of the check and any proposal to impose measures to remedy the deficiencies identified.
13. Signature of the Head of Control Group, stamp of the Czech Environmental Inspection Office and signature and functional classification of the person authorised by the operator to participate in the inspection.
1) Paragraph 17 (e) of Act No 353 / 1999 Coll., on the prevention of major accidents caused by selected hazardous chemicals and chemical products and amending Act No. 425 / 1990 Coll., on District Offices, the modification of their responsibilities and on certain other measures related thereto, as amended, (Act on the Prevention of Major Accidents), as amended by Act No. 82 / 2004 Coll.
2) Sections 1, 2 and Annexes 1 to 3 to Decree No 366 / 2004 Coll., on certain details of the major accident prevention system.
3) Paragraph 17 (f) of Act No. 353 / 1999 Coll., as amended by Act No. 320 / 2002 Coll. and Act No. 82 / 2004 Coll.
4) § 2 (g) of Act No. 353 / 1999 Coll., as amended by Act No. 82 / 2004 Coll.
5) § 22 of Act No. 353 / 1999 Coll., as amended by Act No. 258 / 2000 Coll., Act No. 320 / 2002 Coll. and Act No. 82 / 2004 Coll.
6) Paragraph 13 (9) of Act No. 353 / 1999 Coll., as amended by Act No. 320 / 2002 Coll. and Act No. 82 / 2004 Coll.
7) Section 21 of Act No. 353 / 1999 Coll., as amended by Act No. 258 / 2000 Coll. and Act No. 82 / 2004 Coll.
8) Section 3 of Act No. 353 / 1999 Coll., as amended by Act No. 320 / 2002 Coll. and Act No. 82 / 2004 Coll.
9) § 3 paragraphs 3 and 4 of Act No. 353 / 1999 Coll., as amended by Act No. 82 / 2004 Coll.
10) Paragraph 22 (3) of Act No. 353 / 1999 Coll., as amended by Act No. 258 / 2000 Coll., Act No. 320 / 2002 Coll. and Act No. 82 / 2004 Coll.
11) Paragraph 22 (4) of Act No. 353 / 1999 Coll., as amended by Act No. 258 / 2000 Coll., Act No. 320 / 2002 Coll. and Act No. 82 / 2004 Coll.
12) Article 4 of Act No. 353 / 1999 Coll., as amended by Act No. 320 / 2002 Coll. and Act No. 82 / 2004 Coll.
13) Article 5 of Act No. 353 / 1999 Coll., as amended by Act No. 82 / 2004 Coll.
14) Article 6 of Act No. 353 / 1999 Coll., as amended by Act No. 320 / 2002 Coll. and Act No. 82 / 2004 Coll.
15) Paragraph 22 (5) of Act No. 353 / 1999 Coll., as amended by Act No. 320 / 2002 Coll. and Act No. 82 / 2004 Coll.
16) § 19 (e) of Act No. 353 / 1999 Coll., as amended by Act No. 320 / 2002 Coll.
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Regulation Information
| Citation | Government Regulation No. 452 / 2004 Coll., laying down how to evaluate the security programme for major accident prevention and safety reports, the content of the annual control plan, the procedure for carrying out checks, the content of information and the content of the resulting control report |
|---|---|
| Regulation Type | Regulation |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 04.08.2004 |
|---|---|
| Effective from | 16.08.2004 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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