Act No. 488 / 2009 Coll.
Act amending Act No. 59 / 2006 Coll., on the prevention of major accidents caused by selected hazardous chemicals or chemical products and amending Act No. 258 / 2000 Coll., on the Protection of Public Health and on the amendment of certain related acts, as amended, and Act No. 320 / 2002 Coll., on the amendment and repeal of certain laws in connection with the cessation of the activities of district authorities, as amended (Act on the Prevention of Major Accidents), as amended
Valid
Law
Effective from 01.03.2010
Text versions:
01.03.2010
31.12.2009
488
THE LAW
of 11 December 2009
amending Act No. 59 / 2006 Coll., on the prevention of major accidents caused by selected hazardous chemicals or chemical products and amending Act No. 258 / 2000 Coll., on the Protection of Public Health and on the amendment of certain related acts, as amended, and Act No. 320 / 2002 Coll., on the amendment and repeal of certain acts in connection with the cessation of the activities of the District Offices, as amended (Act on the Prevention of Major Accidents), as amended
Parliament decided on this law of the Czech Republic
Act No. 59 / 2006 Coll., on the prevention of major accidents caused by selected hazardous chemicals or chemical products and amending Act No. 258 / 2000 Coll., on the Protection of Public Health and on the amendment of certain related acts, as amended, and Act No. 320 / 2002 Coll., on the amendment and repeal of certain acts in connection with the cessation of the activities of the district authorities, as amended, (Act on the Prevention of Major Accidents), as amended, and Act No. 227 / 2009 Coll., and Act No. 281 / 2009 Coll., is amended as follows:
1. in Paragraph 1 (3) (e), the comma after the word "objects" shall be deleted;
2. In Paragraph 10 (4) of the Introductory Part of the provision, the words "approval of its update or prior assessment 'are replaced by the words" or prior assessment, and on its own initiative or at the request of the Regional Authority in cases justified by new facts or in the light of new technical knowledge concerning safety issues, accident analysis or hazard assessment'.
3. In the first sentence of Article 11 (1), the words "the update of the report 'shall be inserted after the words" its update and the words "their' shall be replaced by" their '.
4. Paragraph 22 (3) reads as follows:
"(3) The Regional Authority shall ensure the availability of an approved safety programme, safety report, external emergency plan under special legislation (18) and final written reports on the occurrence and effects of a major accident or their updating to the public.";
5. In the first sentence of Article 23 (1), the words "and the external emergency plan 'are replaced by the words", the external emergency plan and the final written report on the occurrence and impact of a major accident'.
6. Paragraph 26, including the title and footnote 19a, reads:
Provision of information on the occurrence and impact of a major accident
(1) A legal person or an undertaking natural person in whose object or establishment a major accident has occurred shall:
(a) to notify a major accident without delay to the competent regional authority, the Czech Environmental Inspection Office, the public authorities concerned under the special legislature15) and the municipalities concerned;
(b) deliver a written report of a major accident to the competent regional authority within 24 hours of its occurrence; This provision is without prejudice to obligations imposed under specific legislation14).
(2) The operator shall:
(a) deliver a draft final written report on the occurrence and impact of a major accident, including the corrective and preventive measures taken and proposed, to the competent regional authority for approval no later than 3 months after the occurrence of the major accident;
(b) update the information submitted pursuant to point (a) where further investigations reveal, in addition, facts which alter the information or conclusions made, and re-submit it to the competent regional authority for approval.
(3) The Regional Authority will issue a decision approving the draft final written report on the occurrence and impact of a major accident or inviting operators to remedy the deficiencies identified in the adopted and proposed medium and long-term corrective and preventive measures and setting a deadline for their removal. In addition, the Regional Authority shall develop recommendations for operators concerning future preventive measures which are not included in the final written report on the occurrence and impact of a major accident and which may lead to improved major accident prevention.
(4) The Regional Authority shall deliver to the Ministry and the Ministry of the Interior without delay a written report on the occurrence of a major accident as referred to in paragraph 1 (b) and the decision to approve the final written report on the occurrence and impact of a major accident, which also contains that report.
(5) In order to prevent and mitigate the consequences of major accidents, the Ministry shall, as soon as possible, inform the Commission of major accidents meeting the criteria set out in Annex 3 to this Act, to the extent and in the manner laid down by Commission Decision 19a establishing a form for reporting major accidents under Directive 96 / 82 / EC.
(6) The Ministry provides for the scope and manner of processing of major accident reports and final written reports on the occurrence and impact of a major accident by implementing legislation.
(19a) Commission Decision C (2008) 7530 of 2.12.2008 establishing a major accident reporting form pursuant to Council Directive 96 / 82 / EC on the control of major-accident hazards involving dangerous substances. '
7. in Paragraph 28 (f):
"(f) records and evaluates the final written reports on the occurrence and impact of a major accident on behalf of the Czech Republic, collects the results of the inspection, investigation and other information necessary for the full analysis of the technical, organisational and management aspects of the major accident and fulfils the function of responsible place for the exchange of information on major accidents across borders;"
8. in Article 31 (e), the words "the Regional Office" shall be inserted after the words "(Article 33)."
9. In Article 32 (1), the words "and the final written reports on the occurrence and impact of a major accident, updating it and making recommendations to the operator concerning future preventive measures (Article 26 (3)) 'shall be added at the end of the text in point (b).
10. in Article 32 (1) (k), the word "service" is replaced by "service" and the words "final report on the occurrence and impact of a major accident (§ 26 (3))" shall be replaced by the words "decision to approve the final written report on the occurrence and impact of a major accident, which also contains that report (§ 26 (4))."
11. in Article 32 (1) (m), the words "according to a control plan approved by the Ministry" and the words "operators" shall be deleted;
12. in Article 32 (1) (o), the words "Article 26 (3)" shall be inserted after the words "Article 11 (2)."
13. In the second sentence of Paragraph 32 (2), the words "in its draft security programme or draft safety report 'are deleted.
14. in Paragraph 32 (3) (c), including footnote 19b:
"(c) maintaining the separation between objects and facilities covered by this Act and residential areas, buildings and areas visited by the public, main transport routes, recreational areas and territories protected under special legislation26), in the context of spatial planning under special legislation19b).
19b) Act No. 183 / 2006 Coll., on Territorial Planning and Construction Regulations (Construction Act), as amended. '
15. in Article 36 (1) (c), the words "or update thereof" shall be inserted after the words "major accident" and the words "or" shall be added at the end of the text of point (c). "
16. in Article 36 (2) (a):
"(a) fails to meet the insurance under § 12 (a) and (b), does not notify the change under § 12 (d) or is not insured under § 12 (e),"
17. in Paragraph 36 (2) (g), the words "or under an internal emergency plan shall not be deleted."
18. In Article 36 (3), the words "or does not comply with an approved security programme in accordance with Article 9 (3) 'are deleted.
19. in Paragraph 36 (4) (a), the words "or does not comply with an approved safety report" shall be deleted;
20. In Paragraph 36, the following paragraph 6 is added:
"(6) An operator of an object or installation shall commit an administrative offence by failing to comply with an approved safety programme or an approved safety report and an internal emergency plan. ';
21. in Paragraph 37 (d), "3, 4 and 5" is replaced by "3 to 6";
22. in Paragraph 38 (4):
"(4) Administrative offences under this Act are dealt with at first instance by the Regional Office, with the exception of administrative offences under Section 36 (6), which is discussed by the Czech Environmental Inspection Office. '
23. In Annex No 1, Part 1, note 1 to Table I, the word "no 'is inserted after the word" total'.
24. In Annex No 1, Part 1, note 1 to Table II, the word "establishment 'is replaced by the words" object or establishment'.
25. In Annex 3, the heading reads: "Criteria for notification of an accident to the Commission '.
26. In Annex 3, the first sentence is replaced by the sentence "Accidents referred to in point 1 or accidents which contain at least one of the consequences referred to in points 2 to 6 shall be notified to the Commission. '.
That law shall take effect on the first day of the third calendar month following its publication.
Wolf
Klaus v. r.
Fischer v. r.
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Regulation Information
| Citation | Act No. 488 / 2009 Coll., amending Act No. 59 / 2006 Coll., on the prevention of major accidents caused by selected hazardous chemicals or chemical products and amending Act No. 258 / 2000 Coll., on the Protection of Public Health and on the amendment of certain related acts, as amended, and Act No. 320 / 2002 Coll., on the amendment and repeal of certain acts in connection with the cessation of the activities of district offices, as amended (Act on the Prevention of Major Accidents), as amended |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 31.12.2009 |
|---|---|
| Effective from | 01.03.2010 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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