Act No. 459 / 2022 Coll.
Act amending Act No. 276 / 2003 Coll., on Antarctica and amending certain laws, as amended
Valid
Law
Effective from 01.01.2023
Text versions:
01.01.2023
28.12.2022
459
THE LAW
of 14 December 2022
amending Act No. 276 / 2003 Coll., on Antarctica and amending certain laws, as amended
Parliament has decided on this law of the Czech Republic:
Act No. 276 / 2003 Coll., on Antarctic and amending certain laws, as amended by Act No. 124 / 2008 Coll., Act No. 41 / 2009 Coll., Act No. 227 / 2009 Coll., Act No. 281 / 2009 Coll., Act No. 183 / 2017 Coll., Act No. 609 / 2020 Coll. and Act No. 261 / 2021 Coll., is amended as follows:
1. In Paragraph 1 (1), the word "international 'is replaced by" international law'.
2. In Article 2, at the end of point (g), the dot is replaced by a comma and the following points (h) to (j) are added:
"(h) the operator is a natural or legal person who organises activities to be carried out in Antarctica;
(i) an environmental accident which results or is at imminent risk of having a significant and harmful impact on the environment of Antarctica;
(j) a corrective measure proportionate to the action taken following an environmental accident in order to prevent, suspend or minimise the impact of the accident, including the determination of the extent of the accident and its impact. ";
3. In Paragraph 3 (1), the word "international 'is replaced by" international'.
4. In Article 3, the following paragraph 5 is added:
"(5) An operator shall not organise the landing of persons in Antarctica from vessels carrying more than 500 passengers. In the case of vessels carrying a maximum of 500 passengers, the operator shall ensure that no more than one passenger vessel is present at any time at the place of landing, limit the number of shore passengers to a maximum of 100 persons at any time and ensure that the ratio of 1 guide to 20 passengers is maintained. ';
(5) Sections 6 and 7, including the title and footnotes No 10 to 14 and the references thereto shall be deleted.
6.
Authorisation
(1) The Czech person may enter Antarctica or carry out activities in Antarctica only on the basis of the permission of the Ministry of the Environment (hereinafter the Ministry). No authorisation is required for activities already authorised by another Contracting Party to the Treaty.
(2) The Ministry shall not issue authorisations if:
(a) the Czech person has not fulfilled the conditions laid down by this law;
(b) the activity planned by the Czech person would be contrary to the basic principles of environmental protection of Antarctica set out in Article 3 of the Protocol; or
(c) the Czech person seeking authorisation has seriously infringed the obligations or prohibitions laid down by this law or by a decision given on its basis during the last 10 years before the date of application.
(3) Authorisations for interference in stocks or habitats of geographically indigenous plants and animals in Antarctic may only be issued for:
(a) sample measures for scientific purposes;
(b) sample arrangements for museums, herbarium and botanical gardens or other educational institutions;
(c) measures for samples for zoos, but only in the case of geographical origin mammals or birds where such samples cannot be obtained from other existing captive collections or where there is a serious requirement for conservation;
(d) the removal of the inevitable consequences of scientific activities; or
(e) the preparation and operation of scientific support facilities.
(4) The Ministry will not issue an authorisation for the collection of specially protected Antarctic species if it is not necessary for a serious scientific purpose, would jeopardise the survival or recovery of those species or local populations, or if lethal techniques were used in the collection, although such a procedure would not be necessary. The list of specially protected Antarctic species shall be laid down in implementing legislation.
(5) Authorisations for the import of geographically non-native plant species, animals and micro-organisms may be issued only for the import of cultivated plants and their propagation propagations for controlled uses and species of live organisms for controlled experimental uses.
(6) The Ministry of Foreign Affairs is authorised after consulting the Ministry of Foreign Affairs.
(7) The Ministry shall decide on the application for authorisation within 60 days of its receipt. "
7. in Article 9 (2) (e):
"(e) the designation of the place where the activities in Antarctica will be carried out, the place of service of documents and the functional contact links in Antarctica;"
8. in Paragraph 9 (2) (f), "Article 8 (1) (e)" is replaced by "to enter a specially protected Antarctic territory."
9. In Article 9, at the end of paragraph 2, the dot is replaced by a comma and the following points (h) and (i) are added:
"(h) the contingency plan referred to in Article 23b, including information on health and safety measures, measures for search and rescue operations, medical care and evacuation, as well as the written consent of another person if the implementation of the plan depends on it; and
(i) a waste management plan for each permanent post, for field camps in general and for each vessel, except for small boats which are part of permanent habitats or vessels and taking into account existing waste management plans on board vessels; the details of the waste management plan and the requirements for its implementation shall be laid down in implementing legislation. ';
10. in Article 9 (3) (d):
"(d) evidence of the conclusion of an insurance contract or evidence of the creation of a sufficient financial reserve to guarantee reimbursement of the costs of emergency operations, medical care and evacuation in Antarctica, the elimination of environmental damage to Antarctica or the cost of corrective actions resulting from responsibility for environmental accidents,";
11. in Article 10 (2), the words "the survey procedure (§ 14)" shall be inserted after the words "issued on the basis of" and at the end of the text of the paragraph, the words "and the final residence report, which shall include a time and time course and a description of all the activities carried out and the results and objectives achieved," shall be added.
12. In Article 10, the following paragraphs 3 and 4 are inserted after paragraph 2:
"(3) The authorisation to intervene in the populations or habitats of geographically originating plants and animals in Antarctica or to collect specially protected Antarctic plant species shall contain conditions which ensure that:
(a) no more local mammals, birds, invertebrates or plants shall be collected than is strictly necessary for the purposes referred to in Article 8 (3);
(b) only small numbers of local mammals or birds will be killed and in no case more mammals or birds from local populations will be killed than can normally replace natural reproduction in the following season in conjunction with other authorised withdrawals; and
(c) the diversity of species, as well as the habitats essential to their existence, and the balance of ecosystems in Antarctica and ecosystems related and associated.
(4) The authorisation to import non-geographically originating plant species, animals and micro-organisms shall specify the species, number of species and, where appropriate, the age and sex of the individuals of the species to be planted, together with the justification for the planting and the indication of the preventive measures to be taken to prevent the escape or contact with fauna or flora in Antarctica. ';
Paragraphs 3 and 4 shall become paragraphs 5 and 6.
13. in Article 10 (5), the words "or in French" shall be deleted;
14. Paragraph 10 (6) is deleted.
15. In Paragraph 11 (1), the second sentence is replaced by the following: "The Ministry may, on its own initiative, amend or revoke a final authorisation if it finds that the activity authorised by it has an effect on the environment of Antarctica which is incompatible with the principles laid down in Article 3 of the Protocol or threatens to cause such effects."
16. Paragraph 11 (2) is deleted.
Paragraphs 3 and 4 shall become paragraphs 2 and 3.
17. In the first sentence of Article 11 (2), the words "leave the activities carried out immediately on the basis of the revoked authorisation 'shall be inserted after the words" are required'.
18. in Paragraph 11 (2), the second sentence is deleted;
19. In Paragraph 11, the following paragraph 3 is inserted after paragraph 2:
"(3) Czech persons are required to carry the original or a copy of the permit issued by the Ministry and its official translation into English or the original or a copy of the permit issued by another State during their stay in Antarctica."
Paragraph 3 shall become paragraph 4.
20.
(1) The Ministry of Foreign Affairs shall inform the Ministry of Foreign Affairs of the permit issued by it pursuant to Section 8 within 30 days of its issue.
(2) The authorisation provided for in Article 8 does not replace the authorisation or other authorisation for activities required by other legislation27).
27) For example, Act No. 263 / 2016 Coll., Atomic Act, as amended, Act No. 100 / 2004 Coll., on the Protection of Species of Wild Fauna and Flora by Regulating Trade in them and other measures to protect those species and amending certain laws (Act on Trade in Endangered Species), as amended. '
21.
Subject matter of impact assessment
The subject of the environmental impact assessment in Antarctica shall be all activities authorised under Section 8, including changes to those activities. ';
22. In Paragraph 18, paragraphs 4 to 6 are deleted.
23.
Imports into Antarctica of non-originating species of animals, plants and micro-organisms
(1) The introduction into Antarctica of geographical non-native species of plants, animals and micro-organisms, with the exception of imports by authorisation, is prohibited. In the case of unauthorised imports of geographically non-native species, Czech persons are obliged to remove them, except where this would result in a greater negative impact on the environment.
(2) The prohibition provided for in paragraph 1 does not apply to the importation of food (28), provided that live animals are not introduced into Antarctica for that purpose. Imported gutted poultry as food must be certified not to be affected by Newcastle disease, tuberculosis or yeast infections.
(3) It shall be prohibited to bring dogs to the mainland, to icebergs or to icebergs at sea in Antarctica.
(4) Imports of non-sterile land into Antarctica are prohibited.
28) Article 2 of Act No. 110 / 1997 Coll., on Food and Tobacco Products and amending and supplementing certain related laws, as amended. "
footnote 17 is deleted.
24. In Article 20, at the end of paragraph 1, the dot is replaced by "a 'and the following point (g) is added:
"(g) comply with the waste management plan processed in accordance with Article 9 (2) (i)."
25. in Article 21, the words "non-sterile land" and the words "under this law (§ 8 (1) (i)" shall be deleted.
Article 26 (23), including the title, reads:
Removal of waste into the sea
(1) In the Antarctic region, it is prohibited to dispose of plastic, including synthetic ropes, synthetic fishing nets and synthetic garbage bags.
(2) In the Antarctic region, it is prohibited to dispose of waste, including paper products, textiles, glass, metal, bottles, clay or porcelain dishes, ash from incineration, waste cutting and coating or packaging materials.
(3) In the Antarctic region, it is possible to remove food waste more than 12 nautical miles from the nearest country or ice cover if they have passed through a shredder or mill and are so finely crushed or ground that they can pass through a sieve with openings not exceeding 25 mm large. '
28. In Article 24 (a), the words "accept notification under this Act (Article 6) and" are deleted.
29. in Article 24 (b), the words "notifications accepted" shall be replaced by the words "applications";
30. in Article 24 (c), the words "the notifications received and the notifications received" shall be deleted;
31. in § 24 (g) and (h):
"(g) coordinate activities of Czech persons in Antarctica and participate in the preparation of research activities in Antarctica in cooperation with the relevant institutions of the Academy of Sciences of the Czech Republic, public research institutions, research organisations and public universities and in agreement with the Ministry of Education, Youth and Sports and with the Ministry of Foreign Affairs,
(h) in cases where the jurisdiction of the Ministry of Foreign Affairs is not given, it shall, in accordance with the relevant international treaties, provide information to their Contracting Parties or to the Committee. "
32. in Article 24, at the end of point (h), the dot is replaced by "a" and the following point (i) is added:
"(i) provides the Ministry of Foreign Affairs with the necessary synergies for the provision of information pursuant to Paragraph 25 (b)."
33.In Paragraph 25 (b):
"(b) in accordance with the Treaty and the Protocol and other international legal obligations, it shall provide information to the other Contracting Parties, the Advisory Assembly and the relevant international organisations."
34. In the heading of Part Ten, the words "ADMINISTRATIVE PRESENTS 'are replaced by" TRANSFERS'.
35. in the second sentence of Paragraph 26 (1), the words "in employment relations with the Czech Republic represented by the Ministry" shall be replaced by the words "an employee of the Czech Republic assigned to work in the Ministry or Ministry of Foreign Affairs."
36. In Article 26, at the end of paragraph 4, the sentence "The model of the special licence shall be governed by implementing legislation. 'is added.
37. in Paragraph 27 (1):
"(1) A natural, legal or business natural person commits an offence by:
(a) infringes the prohibition laid down in Article 3 (3);
(b) infringes the prohibition or any obligation under Article 3 (5);
(c) enter Antarctica and reside without an authorisation pursuant to Article 8 or does not comply with the conditions laid down in that authorisation;
(d) disclose false or distorted data in the application for authorisation pursuant to Article 8;
(e) in contravention of Paragraph 11 (3), the original or a copy of the authorisation issued by the Ministry or its official translation into English or the original or a copy of the authorisation issued by another State shall not be carried by him during his stay in Antarctica;
(f) infringes any of the prohibitions relating to the introduction into Antarctica of non-geographical species of animals, plants and micro-organisms referred to in Article 19 (1), (3) or (4);
(g) infringes any of the waste management obligations under Paragraph 20 (1);
(h) infringes any of the waste management prohibitions provided for in Article 20 (3);
(i) it shall not take precautionary measures contrary to Article 23a;
(j) in contravention of Paragraph 23b, it shall not draw up an contingency plan or update it for the entire duration of the Antarctic activity;
(k) in breach of Paragraph 23c, it shall not immediately and effectively act against an environmental accident caused by its activities or shall not inform the Ministry without delay of the environmental accident caused by its activities;
(l) in contravention of Paragraph 23d, it shall not terminate the permitted activity which causes or threatens to cause unforeseen damage to the Antarctic environment;
(m) in contravention of § 23h (3), does not secure or maintain financial collateral to cover liability under § 23e and 23f; or
(n) shall not allow inspections and checks carried out by observers pursuant to Article 26, shall not give them cooperation or shall not immediately implement measures to remedy the deficiencies identified by the observer. ";
38. in Paragraph 27 (2) (m):
"(m) in contravention of § 23, it shall remove any plastic or waste in the Antarctic region."
39. in Article 30 (2), the words "Article 7 (3) (e) and" shall be deleted;
40.
The Ministry shall issue a decree for implementation of Sections 8 (4), 9 (2) (i), 23b and 26 (4). The Ministry may issue a decree for implementation of Sections 14 (2), 15 (8) and 16 (12). '
41. Part 13 shall be deleted, including the title.
The 14th shall be renumbered as the 13th.
Transitional provision
Activities in Antarctica declared or authorised under Act No. 276 / 2003 Coll., as effective before the date of entry into force of this Act, shall be deemed to be authorised under Act No. 276 / 2003 Coll., as effective from the date of entry into force of the Act. Proceedings initiated and final before the date of entry into force of this Act shall be completed and the rights and obligations relating thereto shall be assessed in accordance with Act No. 276 / 2003 Coll., as effective before the date of entry into force of this Act.
Efficacy
This Law shall enter into force on 1 January 2023, with the exception of Article I (27), which shall take effect on the date of publication of Annex VI to the Protocol on environmental protection to the Treaty on Antarctic in the Collection of International Treaties.
Pekarová Adamová v. r.
Zeman v. r.
Fiala v. r.
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Regulation Information
| Citation | Act No. 459 / 2022 Coll., amending Act No. 276 / 2003 Coll., on Antarctica and amending certain laws, as amended |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 28.12.2022 |
|---|---|
| Effective from | 01.01.2023 |
| Effective until | - |
| Status | Valid |
Parliamentary Paper:
Paper No. 67
The regulation text is for informational purposes only.
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