Decree No. 459 / 2020 Coll.
Decree on the implementation of measures related to the prohibition of chemical weapons
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23.11.2020
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459
DECLARATION
of 10 November 2020
on the implementation of measures related to the prohibition of chemical weapons
According to Article 35 (5) of Act No. 19 / 1997 Coll., on certain measures related to the prohibition of chemical weapons and on the amendment and addition of Act No. 50 / 1976 Coll., on the zoning and construction rules (Construction Act), as amended, Act No. 455 / 1991 Coll., on Commercial Business Act (Trade Code Act), as amended, and Act No. 140 / 1961 Coll., Criminal Act, as amended, as amended, Act No. 138 / 2008 Coll. and Act No. 336 / 2020 Coll., § 25 (2) and § 26 (4) to implement § 6, § 9 (3), § 18 § 20 (3), § 22 (2), § 23 (3), § 25 (2), § 25a § 2) and § 26 (4):
Content of reports on protective activities
(To implement § 6 of the Act)
The content of the reports on activities carried out for protective purposes in the previous calendar year is set out in Annex 1 to this Decree.
Objects for the treatment of list 1 substance
(To implement § 9 (3) of the Act)
The types of objects meeting the characteristics required for the treatment of the list 1 substance are:
(a) the only single-purpose low-tonnage object in which a list 1 substance is manufactured and the reactors in production lines are not adapted for continuous operation, the volume of each reactor does not exceed 100 litres and the total volume of all reactors is not more than 500 litres;
(b) a single protective object in which a list 1 substance is manufactured and in which the aggregate production does not exceed 10 kg per year;
(c) a set of objects for research, medical or pharmaceutical purposes in which the substance listed in list 1 is manufactured and in which the actual aggregate production exceeds 100 g per year but does not exceed 10 kg per year per object;
(d) a set of laboratories for research, medical or pharmaceutical purposes in which a list 1 substance is manufactured and in which the aggregate production does not exceed 100 g per year per laboratory; and
(e) a set of objects in which a list 1 substance is not produced but which are treated for research, medical, pharmaceutical, medical or protective purposes.
List 1 substance management report
(To implement Article 18 of the Act)
The information which the licence holder is required to report to the Authority on the treatment of list 1 substance for the previous calendar year and on the intended use of that substance for the following calendar year are set out in Annex 2 to this Decree.
List 2 substance management report
(To implement § 20 (3) of the Act)
(1) The quantity of list 2 substance which establishes an obligation to report to the Authority the data on the treatment of that substance for the preceding calendar year and the data on the intended use of that substance for the following calendar year are:
(a) 0,1 kg of list 2 substance, marked "*" in Part A of this list,
(b) 10 kg of list 2 referred to in Part A of that list, other than that referred to in (a); or
(c) 100 kg of list 2 substance listed in Part B of that list.
(2) The concentration of a list 2 substance in a mixture with other substances which establishes an obligation to report to the Authority data on the treatment of that substance over the previous calendar year and data on the intended use of that substance for the following calendar year are:
(a) 30% by weight of the substance list 2 listed in Part B of that list; or
(b) 300 kg of the total quantity of list 2 in a mixture with other substances.
(3) The content of the report on the treatment of list 2 substance for the previous calendar year, the intended treatment of that substance for the following calendar year and the installation of a new establishment for the production, processing or consumption of list 2 substance is set out in Annex 3 to this Decree.
Transfer of List 2 substance
(To implement § 22 (2) of the Act)
(1) The concentration of a list 2 substance in a mixture with other substances which are a condition for the transfer of that substance from or into non-Member States of the Convention shall not exceed:
(a) 1% by weight of the substance listed in list 2 in Part A of that list; or
(b) 10% by weight of the substance listed in Part B of List 2.
(2) A product containing a substance of list 2 in the concentration referred to in paragraph 1 must be packed simultaneously in a manner intended for retail sale or for individual use.
List 3 substance management report
(To implement Article 23 (3) of the Act)
(1) The quantity of list 3 substance which establishes an obligation to report to the Authority the data on the treatment of that substance over the previous calendar year and on the estimated production of that substance for the following calendar year is 1 000 kg.
(2) The concentration of the substance list 3 in a mixture with other substances which makes it necessary to report to the Authority the data on the treatment of the substance for the previous calendar year and the data on the expected production of the substance for the following calendar year are:
(a) 30% by weight of the substance listed in list 3; or
(b) 3,000 kg of the total quantity of list 3 in a mixture with other substances.
(3) The content of the report on the treatment of list 3 substance for the previous calendar year, the expected production of that substance for the following calendar year and the installation of a new plant for the manufacture of list 3 substance is set out in Annex 4 to this Decree.
Transfer of List 3 substance
(To implement § 25 (2) of the Act)
The condition for the transfer of a substance to or from a list of 3 States or States other than Member States of the Convention without the obligation to provide a declaration from the beneficiary shall be:
(a) the concentration of this substance in a mixture with other substances not exceeding 30% by weight of the substance list 3; or
(b) packaging of a product containing that substance in a manner intended for retail sale or for individual use.
Registration of specified substances
(To implement Section 25a (2) of the Act)
(1) The register of specified substances is composed of:
(a) paper form from individual registers, which must be bound and numbered on a continuous basis in such a way that the particulars given therein cannot be amended retrospectively; the model of the register is set out in Annex 5 to this Decree,
(b) by electronic means from the records in the registration system, which allows for monitoring and tracing of any changes, including the originator.
(2) Registration of specified substances contains:
(a) the name and, where applicable, the name, surname, date of birth and address of the place of residence of the natural person or the name, identification number and address of the registered office of the legal person to whom the specified substance is situated;
(b) the name and location of the object dealing with the list 1 substance or the name and location of the operation dealing with the list 2 substance or list 3 substance;
(c) the date from which the alerts are made;
(d) the signature of the natural person who is treated with the specified substance or who is the statutory authority of the legal person who is treated with the specified substance or of a member thereof;
(e) the name and, where appropriate, the name, surname, date of birth and address of the place of residence of the natural person to be kept in the register and its signature;
(f) the name of the specified substances for which the registration of the specified substances is kept;
(g) for licence holders, the number of the decision to grant the licence, and
(h) a list of specified substances containing the serial number of the specified substance and the first page or an identification of the entry where that substance is present in the register of specified substances.
(3) For each specified substance, records shall be kept separately in the register of specified substances. The data referred to in paragraph 2 (a) to (g) shall be entered in the register of specified substances in the case of:
(a) paper forms on the front page,
(b) the electronic form of the package; signatures of natural persons shall not be entered.
(4) Correction of erroneous data in the register of specified substances shall be made in the case of:
(a) paper forms in such a way that the original registration remains legible and each repair is signed by the person referred to in paragraph 2 (e), indicating the date of the repair;
(b) electronic forms such that each change of data is supported by the date of its implementation and by an indication of who made the change.
(5) Registration of scheduled substances for list 1 substances, list 2 substances and list 3 substances must be kept separately.
(6) The storage period for scheduled substances is 5 years from the date of end of treatment with the specified substance.
Report on the production of certain organic chemicals
(To implement § 26 (4) of the Act)
The content of the production reports of certain organic chemicals, the establishments in which they are produced and their exact location is given in Annex 6 to this Decree.
Notification
This Decree was notified in accordance with Directive (EU) 2015 / 1535 of the European Parliament and of the Council of 9 September 2015 laying down a procedure for the provision of information in the field of technical and information society services.
Repeal
Decree No. 208 / 2008 Coll., implementing the Act on certain measures related to the prohibition of chemical weapons, is hereby repealed.
Efficacy
This Decision shall enter into force on 1 January 2021.
President:
Ing. Drábová, Ph.D., v. r.
Příloha č. 1
Annex No 1 to Decree No 459 / 2020 Coll.
Content of the report on activities carried out for protective purposes in the previous calendar year
1. Data on the reporting person
1.1. The name and, where applicable, the name of the natural person, or the name of the legal person or organisational entity of the State which is treated with the specified substance for protection purposes,
1.2. Identification number, if assigned,
1.3. Address of the place of residence of the natural person or of the registered office or place of establishment of the legal person,
1.4. The calendar year for which the report is submitted;
1.5. the date of drawing up the report, the name and, where applicable, the names and surnames of the natural person authorised to act for the person referred to in point 1.1 and its signature in the case of a paper form of the report.
2. Data on the provision of chemical weapons protection programmes
2.1. Information on the provision of chemical weapons protection programmes, including the general characteristics of those programmes, indicating whether they relate to:
2.1.1. protection of the armed forces against chemical weapons attack,
2.1.2. protection of the population against chemical weapons attack,
2.2. Means of providing protective equipment for the armed forces or the population, in particular:
2.2.1. officially supported research and development,
2.2.2. tendering procedures,
2.2.3. foreign resources.
3. Data on major research and development activities relating to protective purposes in each area, in particular:
3.1. Respiratory protection,
3.2. Protective clothing,
3.3. collective protection,
3.4. Decontamination of terrain, persons and materials,
3.5. detection or identification of combat chemicals,
3.6. Laboratory analysis of combat chemicals,
3.7. Medical countermeasures,
3.8. Modelling risk situations.
4. Information on military units whose primary function may be to protect against chemical weapons, including a brief definition of their tasks (in particular collective protection, decontamination, detection or medical countermeasures).
5. Data on training programmes relating to protective purposes
5.1. Information on training of military units using real combat chemicals or simulants;
5.2. information on training of military units in the following areas:
5.2.1. use of personal protective equipment,
5.2.2. decontamination,
5.2.3. detection,
5.2.4. health aspects of protection,
5.3. Information on the provision of training of military units or of the population of other states in the protection against possible chemical weapons attacks in the past year.
6. Data on the protection of the population
6.1. Information on programmes for the protection of the population against chemical weapons in case of use or threat of use of chemical weapons,
6.2. Information on exercises involving a response to chemical weapons attack against the population,
6.3. Information on training the population to protect against the effects of chemical weapons attacks;
6.4. Information on training documentation regarding protection against chemical weapons attacks (e.g. leaflets, websites).
7. Additional information on publicly available scientific publications issued in the reporting calendar year concerning the purpose of protection against chemical weapons.
Příloha č. 2
Annex No 2 to Decree No 459 / 2020 Coll.
Data to be reported by the licence holder to the Authority on the treatment of list 1 substance for the preceding calendar year and on the intended use of that substance for the following calendar year
IDENTIFICATION DATA ON DECLARATION
1. Calendar year for which reporting is made
2. Date of reporting
3. Data on the reporting person
3.1. Name, if any, and surname of natural person, or name of legal person,
3.2. Identification number, if assigned,
3.3. the address of the place of residence of the natural person or the registered office or place of establishment of the legal person,
3.4. the date of drawing up the report, the name and, where applicable, the names and surnames of the natural person authorised to act for the person referred to in point 3.1 and its signature in the case of a paper form.
4. Details of the object handling the substance of list 1
4.1. name of the object,
4.2. details of the owner of the object,
4.3. The exact location of the object and its geographical coordinates,
4.4. Name, if any, and surname of the agent responsible and his contact details.
I. REPORTING ON MINUTE ACTIVITIES
5. Annual report on the treatment of list 1 substance
For each list 1 substance, the following information shall be provided:
5.1. Chemical name, CAS registration number (if not allocated, structural formula of the substance) and list number of the Convention,
5.2. the quantity produced,
5.3. the quantity processed,
5.4. the quantity consumed in the object and the purpose of consumption,
5.5. Maximum quantities held during the year,
5.6. Quantity held at the end of the year,
5.7. other acquisitions,
5.8. transfer from other objects in the Czech Republic,
5.9. transfer to other objects in the Czech Republic,
5.10. transfer to the Czech Republic,
5.11. transfer from the Czech Republic.
6. Detailed annual report on the production of the substance list 1 and on the consumption of precursors for its production
For each list 1 substance manufactured, the following information shall be provided:
6.1. Chemical name, CAS registration number (if not assigned, structural formula of the substance) and list number under the Convention,
6.2. The quantity produced,
6.3. Purpose of production,
6.4. Method of production used (production reaction scheme).
For each precursor used for the manufacture of list 1 substance, which is a specified substance, the following information shall be provided:
6.5. Chemical name, CAS registration number (if not assigned, structural precursor formula) and Convention list number,
6.6. Quantity of precursor used.
7. Detailed annual report on each transfer of the substance list 1 between objects in the Czech Republic
For each individual transfer of list 1 substance, the following information shall be provided:
7.1. Chemical name of the transferred substance, CAS registration number (if not assigned, structural formula of the substance) and Convention list number,
7.2. the quantity of substances received or supplied to List 1,
7.3. the name of the object to or from which list 1 substance has been transferred,
7.4. the address of the object.
8. Detailed annual reports on transfers of List 1 substances to or from another Contracting State
Transfers of List 1 substances by Contracting States
For each Contracting State and each transferred substance listed in list 1, the following information shall be provided:
8.1. the name and code of the Contracting State,
8.2. Chemical name of the substance, CAS registration number (if not assigned, structural formula of the substance) and list number of the Convention,
8.3. the quantity of list 1 substance accepted,
8.4. the quantity of list 1 substance provided.
Detailed annual report on each transfer of the substance list 1 to or from other Contracting States
For each individual transfer of list 1 substance, the following information shall be provided:
8.5. the chemical name of the substance, the CAS registration number (if not assigned, the structural formula of the substance) and the list number of the Convention,
8.6. the quantity of list 1 substance accepted,
8.7. the quantity of list 1 substance provided,
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Regulation Information
| Citation | Decree No. 459 / 2020 Coll., on the implementation of measures related to the prohibition of chemical weapons |
|---|---|
| Regulation Type | Order |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 23.11.2020 |
|---|---|
| Effective from | 01.01.2021 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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