Act No. 59 / 2006 Coll.

Act 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)

Valid Effective from 01.06.2006
59
THE LAW
of 2 February 2006
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 authorities, as amended (Act on the Prevention of Major Accidents)
Parliament has decided on this law of the Czech Republic:

ČÁST PRVNÍ

PREVENTION OF SERIOUS HAVARIES

HLAVA I

INTRODUCTORY PROVISIONS
§ 1
Subject matter
(1) This Act implements the relevant provisions of the European Community1) and establishes a major accident prevention system for objects and equipment in which the selected hazardous chemical or chemical preparation is located in order to reduce the likelihood of major accidents occurring and to reduce the consequences of major accidents on the health and lives of humans, livestock, the environment and property in and around buildings and facilities.
(2) The Law provides for:
(a) the obligations of legal persons and business natural persons who own, use or will make use of the object or equipment referred to in paragraph 1;
(b) the competence of public authorities in the major-accident prevention sector caused by selected hazardous chemicals or chemical products.
(3) This law does not apply to:
(a) military facilities and facilities (2);
(b) hazards associated with ionising radiation m3),
(c) road, rail, air and water transport of selected hazardous chemicals or chemical preparations outside the premises and facilities, including temporary storage, loading and unloading during transport (4);
(d) the transport of selected hazardous chemicals or chemical preparations in pipelines, including related pumping, compression and transfer stations built outside the facility and equipment in the pipeline route (5);
(e) mining and quarrying of mineral deposits in mines, quarries or through wells, with the exception of surface bodies and equipment for chemical and thermal treatment and treatment of minerals, storage and storage of materials on the effluent, provided that the selected hazardous chemicals or chemical preparations listed in Annex 1 to this Act are located in Part 1 of Table I and Table II in connection with these activities; this adaptation is without prejudice to the provisions of specific legislation6);
(f) exploration and quarrying at sea;
(g) waste lands7).
§ 2
Basic concepts
For the purposes of this Act:
(a) the object of the entire space or, where appropriate, a set of spaces in which one or more hazardous substances are placed in one or more installations, including common or related infrastructures and activities, in the use of legal persons and business individuals;
(b) a technical or technological unit in which a dangerous substance is manufactured, processed, used, transported or stored and which also includes all the parts necessary for operation, such as construction facilities, pipelines, storage tanks, machinery, industrial installations and cargo spaces;
(c) an operator, a legal person or an undertaking natural person, who uses or will use an object or plant in which a dangerous substance is or will be manufactured, processed, used, transported or stored in quantities equal to or greater than that specified in Annex 1 to this Act in column 1 of Part 1 of Table I or Table II, or which has been assigned to Group A or Group B by decision of the Regional Authority;
(d) a dangerous substance selected by a hazardous chemical or chemical preparation listed in Annex 1 to this Act in Part 1 of the table I or meeting the criteria set out in Annex 1 to this Act in Part 1 of Table II and present in the building or plant as raw material, product, by-product, remainder or intermediate product, including those substances which can reasonably be expected to occur in the event of an accident,
(e) a major accident is an exceptional, partly or totally uncontrollable, time and space-bound event, such as a serious spill, fire or explosion that has arisen or is imminent in connection with the use of an object or plant in which a dangerous substance is manufactured, processed, used, transported or stored and resulting in a serious threat or serious impact on the lives and health of humans, livestock (8) and the environment or damage to property;
(f) a source of risk (danger) of the property of a dangerous substance or of a physical or physical situation causing the possibility of a major accident;
(g) the risk of an adverse specific effect occurring within a certain period or under certain circumstances;
(h) storage of certain quantities of hazardous substances for storage, storage in safe custody or storage;
(i) by domino effect, the possibility of increasing the likelihood of a major accident arising or the magnitude of the impact due to the mutual proximity of objects or equipment or group of objects or equipment and the location of dangerous substances;
(j) by placing a dangerous substance in a design quantity of a dangerous substance which is or will be produced, processed, used, transported or stored in an object or device or which may accumulate in an object or installation in the event of a loss of control of the industrial chemical process or of a major accident;
(k) the emergency planning zone of the area surrounding the facility or facility in which the regional authority under whose jurisdiction the object or installation is situated applies emergency planning requirements in the form of an external emergency plan;
(l) by the scenario, a variant description of the development of a major accident, a description of the development of causative and sequential events and sequential events, either spontaneously taking place or taking place as activities of people designed to manage the course of a major accident.

HLAVA II

GENERAL PROVISIONS
§ 3
Conditions for inclusion of an object or installation in a group A or Group B
(1) A legal person or an undertaking natural person using an object or installation is required to:
(a) to draw up a list indicating the type, quantity, classification and physical form of all hazardous substances present in the establishment or establishment (hereinafter referred to as the list);
(b) take all necessary measures to prevent major accidents and limit their consequences to the health and lives of people, livestock, environment and property;
(c) on the basis of the list, propose the inclusion of an object or plant in the relevant group where the quantity of dangerous substance placed in an object or plant is equal to or greater than that listed in Annex 1 to this Act in Part 1, column 1 of Table I or Table II;
(d) where more dangerous substances are placed in an object or installation in quantities less than those specified in Annex 1 to this Act in Part 1, column 1 of Table I or Table II, carry out the sum of the relative quantities of dangerous substances placed in accordance with the formula set out in Annex 1 to this Act in Part 2.
(2) A legal person or an undertaking who uses an object or installation shall propose the inclusion of an object or installation in Group A (group A) if:
(a) the quantity of dangerous substance placed in an object or plant is equal to or greater than that listed in Annex 1 to this Act in Part 1, column 1 of Table I or Table II and is less than that listed in Annex 1 to this Act in Part 1, column 2 of Table I or Table II; or
(b) where the quantity of dangerous substance referred to in (a) is not achieved, the sum of the relative quantities of dangerous substances determined in accordance with Annex 1 to this Law in Part 1 of Table I and Table II in accordance with the formula and under the conditions set out in Annex 1 to this Act in Part 2 is equal to or greater than 1.
(3) A legal person or an operating natural person using an object or installation shall propose the inclusion of an object or installation in Group B (group B) if:
(a) the quantity of dangerous substance placed on the premises or equipment is equal to or greater than that listed in Annex 1 to this Law in column 2 of Part 1 of Table I or Table II; or
(b) where the quantity of dangerous substance referred to in (a) is not achieved, the sum of the relative quantities of dangerous substances determined in accordance with Annex 1 to this Law in Part 1 of Table I and Table II in accordance with the formula and under the conditions set out in Annex 1 to this Act in Part 2 is equal to or greater than 1.
§ 4
Protocol on non-inclusion
(1) Where a legal person or an operating natural person using an object or plant finds that it is not subject to the obligation to propose the inclusion of an object or plant in Group A or Group B, but the quantity of dangerous substance placed in an object or plant is greater than 2% of the quantity of the dangerous substance listed in Annex 1 to this Act in Part 1, column 1 of Table I or Table II, it shall be required to record this fact by protocol, the protocol including the list to be submitted to the inspection authorities (Sections 33 and 34) and a copy of the report including the list to the Regional Authority.
(2) Where a legal person or an operating natural person using an object or plant finds that it is not subject to the obligation to propose the inclusion of an object or plant in Group A or Group B, but the quantity of dangerous substance placed in an object or plant is less than or equal to 2% of the quantity of the dangerous substance listed in Annex 1 to this Act in Part 1, column 1 of Table I or Table II, it shall be required to record this fact by protocol and to deposit the report, including the list, for the purposes of submission to the inspection authorities (Sections 33 and 34).
(3) In the Protocol referred to in paragraphs 1 and 2, a legal person or an undertaking natural person shall indicate:
(a) identification of the object or establishment;
(b) a declaration of non-inclusion;
(c) the list,
(d) the place, date and signature of the natural person authorised to act on behalf of the legal person or the undertaking natural person.

HLAVA III

OBLIGATIONS OF THE OPERATOR
Classification of an object or installation in a group A or Group B
§ 5
(1) An application for the inclusion of an object or plant in Group A or Group B (hereinafter referred to as "the application for inclusion") shall be submitted by the operator to the Regional Authority in writing and by electronic means in accordance with the model set out in Annex 2 to this Act.
(2) The application for inclusion contains:
(a) identification of the object or installation and of the natural person authorised to act on behalf of the operator;
(b) the list,
(c) a description of the operator's current or planned activities;
(d) a description and graphic representation of the surrounding area of the object or installation;
(e) information on the quantity of hazardous substances in the object or equipment used in the calculation in the proposal for classification, supplemented by the quantity of dangerous substances listed in Annex 1 to this Act in Part 1 of Table I and Table II;
(f) a description of the calculation according to Annex 1 to this Law in Part 2;
(g) the signature of the natural person authorised to act on behalf of the operator.
(3) The Regional Authority will, after considering the proposal for inclusion in Group A or Group B, issue a decision to include an object or installation in Group A or Group B.
(4) The Regional Authority shall examine the non-inclusion protocol and, if the facts justify the inclusion of an object or plant in Group A or Group B, shall initiate the classification procedure.
§ 6
(1) The Regional Authority shall determine, on the basis of proposals sent for inclusion and non-inclusion protocols, objects or equipment where the likelihood or consequences of a major accident may increase as a result of a domino effect, and shall include such objects or equipment by decision in Group A or Group B.
(2) The Regional Authority may impose an obligation on operators of objects and equipment designated in accordance with paragraph 1 to exchange the data necessary for risk management in such objects or facilities.
(3) The operator shall use the data referred to in paragraph 2 in the analysis and risk assessment, in the processing of a major accident prevention safety programme (hereinafter referred to as the "security programme '), in the safety report, in the internal emergency plan, in the documentation for the processing of the external emergency plan and in the provision of information under this law.
(4) In the decision to be included in Group A or Group B, the Regional Authority, taking into account the number of public authorities and municipalities concerned, sets out the number of written copies in which the operator submits a draft security programme or safety report, including their electronic form.
§ 7
Analysis and assessment of major accident risks
(1) An operator is required to carry out, for the purposes of processing a security programme (§ 8) or a safety report (§ 10), an analysis and assessment of the risks of a major accident, indicating:
(a) identification of the sources of risk (danger);
(b) identifying possible scenarios of events and their causes which may result in a major accident;
(c) an estimate of the impact of possible major accident scenarios on the health and lives of people, livestock, environment and property;
(d) an estimate of the likelihood of major accident scenarios;
(e) determining the level of risk;
(f) an assessment of the acceptability of the risk of major accidents.
(2) The Ministry of the Environment (hereinafter referred to as "the Ministry") lays down, by means of implementing legislation, the method of analysing and evaluating the risks of a major accident.
Major accident prevention security programme
§ 8
(1) The operator of the building or equipment listed in Group A is obliged to process the security programme.
(2) The operator shall process the draft security programme on the basis of the results of the analysis and assessment of the major accident risks and shall indicate in it:
(a) the principles of preventing a major accident;
(b) the structure and safety management system ensuring the protection of the health and lives of humans, livestock, the environment and property.
(3) The operator shall, upon a decision of the Regional Authority, include in the draft safety programme preventive safety measures relating to the possible emergence of a domino effect.
(4) The operator shall submit a draft safety programme or update it for approval by the Regional Authority.
§ 9
(1) The Regional Authority shall send a draft security programme or update it without delay to the Ministry, the public authorities concerned and the municipalities concerned for the purpose of informing the public9). The Ministry and the public authorities concerned shall send their observations to the Regional Office on the draft security programme or on its update no later than 60 days after the date of receipt. Within the same time limit, the municipalities concerned shall send their observations and comments to the Regional Office.
(2) The Regional Authority, on the basis of comments from the Ministry, the public authorities concerned and the municipalities concerned and the public, shall, within 90 days of the submission of the draft security programme or its update, issue a decision approving the draft security programme or updating it, or invite the operator to remedy the deficiencies identified and set a time limit for their removal. The Regional Authority shall send a copy of its decision to the Ministry, the public authorities concerned and the municipalities concerned.
(3) Operator of a group object or installation And he is obliged to follow the security program so that the life and health of humans, livestock, environment and property are not compromised.
(4) An operator shall be required to provide evidence to the staff to the extent necessary with the approved safety programme and other natural persons present at the premises or in the case of equipment to the extent necessary with information on the risks of a major accident, on preventive safety measures and on their desired behaviour in the event of a major accident.
(5) The Ministry provides for a method of processing and updating the security programme by implementing legislation.
Security report
§ 10
(1) The operator of an installation or installation classified in Group B is required to prepare a safety report indicating:
(a) information on the operator's management system with regard to the prevention of a major accident;
(b) information on environmental components at the site of the object or installation;
(c) a technical description of the object or equipment;
(d) the procedure and results of the identification of the sources of risk (hazards), risk analysis and assessment and prevention methods;
(e) measures to protect and intervene to reduce the impact of a major accident;
(f) the updated list,
(g) namely those legal persons and natural persons involved in the preparation of the security report.
(2) In the safety report, the operator of the building or installation included in Group B is also obliged to:
(a) establish a major accident prevention policy and establish a safety management system for its implementation;
(b) evaluate the danger of a major accident and propose and introduce the necessary measures to prevent such accidents and to limit their consequences on the health and lives of humans, livestock, the environment and property;
(c) establish principles of safety and reliability appropriate to the identified hazards in the construction, operation and maintenance of any equipment, equipment and infrastructure associated with its operation which constitute a major accident hazard;
(d) develop the principles of the internal emergency plan (§ 17) and provide information enabling the development of an external emergency plan (§ 18 to 20) in order to implement the necessary measures in the event of a major accident;
(e) ensure adequate information to the competent public authorities and municipalities for the adoption of decisions in relation to the development of new activities or developments in the vicinity of existing buildings or facilities.
(3) Documents and parts of documents processed under other legislation or for the internal needs of the operator may be used for the processing of the safety report, provided that they comply with their content or are supplemented and modified within the meaning of those requirements.
(4) The operator shall ensure that the safety report is assessed no later than 5 years after the date on which the decision on its approval or prior assessment takes effect, and on his own initiative or at the request of the Regional Authority in cases justified by new facts or in the light of new technical knowledge on safety issues, accident analysis or hazard assessment. In the assessment report, the operator shall indicate:
(a) a list of changes made to the premises or installations;
(b) the cumulative effect of the changes made on operational safety;
(c) a factual and technical justification for the absence or absence of need to update the safety report.
(5) The operator shall submit the draft safety report, its update and the assessment report to the Regional Authority for approval.
§ 11
(1) The Regional Authority shall send the draft safety report, its updates and the assessment reports of the safety report without delay to the Ministry, the public authorities concerned and the municipalities concerned for the purpose of informing the public9). The Ministry and the public authorities concerned shall send their comments to the Regional Office no later than 60 days after their receipt. Within the same time limit, the Regional Office shall send its observations and observations to the public of the municipality concerned.
(2) The Regional Authority, on the basis of comments from the Ministry, the public authorities concerned, the municipalities concerned and the public, shall, within 90 days of the submission of the draft safety report, update it and the assessment of the safety report, issue a decision approving the draft safety report, update it and the assessment of the safety report, or invite the operator to remedy the deficiencies identified and set a time limit for their removal. The Regional Authority shall send a copy of its decision to the Ministry, the public authorities concerned and the municipalities concerned.
(3) The operator shall follow the safety report in such a way that the life and health of humans, livestock, environment and property are not jeopardised.
(4) The operator shall be required to provide evidence to the staff to the extent necessary with an approved safety report and other natural persons present at the premises or in the case of an installation with evidence to the extent necessary of the risks of a major accident, of preventive safety measures and of their desirable behaviour in the event of a major accident.
(5) The Ministry shall determine, by means of implementing legislation, the method of processing and the structure of the safety report, its updating and the way in which the safety assessment report is processed.
§ 12
Insurance against damage caused by a major accident
The operator shall:
(a) negotiate liability insurance for damage caused by a major accident (hereinafter referred to as "insurance") 10 within 100 days of the acquisition of legal authority by the Regional Authority of a decision approving a security programme or safety report; the level of the insurance performance limit agreed by the operator must correspond to the extent of the potential impact of the major accident as specified in the approved safety programme or in the approved safety report;
(b) negotiate insurance before putting a new object or equipment into test operation; If the test operation is not carried out, the operator shall proceed in accordance with point (a); the level of the insurance performance limit agreed by the operator for the stage of the test operation shall correspond to the extent of the potential impact of the major accident determined on the basis of the result of the risk analysis and assessment submitted to the Regional Authority for the purposes of the zoning or the issue of a building permit (§ 21 (1)),
(c) to forward to the Regional Office a certified copy of the insurance contract agreed under (a) and its amendments no later than 30 days after the date of its conclusion; the operator is obliged to forward to the Regional Authority a certified copy of the insurance contract agreed in accordance with point (b) before the start of the test operation of the building or installation;
(d) immediately notify the Regional Office in writing of any change in insurance,
(e) be insured throughout the period of use of the establishment or establishment referred to in (a) and test operations referred to in (b).
§ 13
Restriction of information on hazardous substances in the safety report
(1) The Regional Authority may, on a proposal from the operator, decide to limit the information on a particular hazardous substance required in the safety report if the operator provides sufficient evidence that a specific dangerous substance, located in an object or installation or any part of it, is in a state which is unable to create a major accident hazard and at least one of the following criteria is met:
(a) the dangerous substance is in a solid state and under normal or any exceptional conditions that may be assumed, the release of material or energy which would constitute a source of risk is not possible;
(b) the dangerous substance is packaged or modified in such a way and is present in such quantities that even the maximum leakage of the substance in any circumstances does not constitute a source of risk;
(c) the dangerous substance is located in such a quantity and distance from other dangerous substances in the establishment or establishment that it cannot itself constitute a source of risk or cause a major accident with the presence of other dangerous substances;
(d) the substance is selected on the basis of its general classification as set out in Annex 1 to this Act, Part 1, Table II, but cannot constitute a source of risk under the given conditions and therefore that classification is not appropriate for it.
(2) The Regional Office shall send a copy of its decision issued pursuant to paragraph 1 to the Ministry, the public authorities concerned and the municipalities concerned.
(3) The Ministry shall prepare once a year a report on operators for which the information required in the safety report referred to in paragraph 1 has been limited, including an indication of the criteria for that restriction.
(4) The Ministry shall send a copy of the report prepared in accordance with paragraph 3 once a year to the public authorities concerned, to the municipalities concerned and to the European Commission ("the Commission ').
Physical protection plan of the object or equipment
§ 14
(1) An operator of an object or installation that is classified in Group A or Group B is required to process a physical protection plan for an object or installation (hereinafter referred to as a physical protection plan).
(2) In the physical protection plan, the operator shall specify the security measures which are:
(a) an analysis of the possibilities of unauthorised activities and any attack on objects or equipment;
(b) arrangements;
(c) physical surveillance; and
(d) technical means.
(3) The physical protection plan and its changes are sent to the Regional Authority and the Police of the Czech Republic11 by the operator of the building or installation.
(4) The operator shall take and ensure security measures for the physical protection of objects or equipment, as specified in the physical protection plan, to prevent major accidents and to limit their consequences on the health and lives of humans, livestock, the environment and property.
§ 15
(1) The operation of the security measures referred to in Article 14 (2) (b) to (d), including the functional tests of the alarm system, is required by the operator to check at least once a year. The functional tests carried out shall be recorded and kept for 3 years.
(2) The security measures contained in the physical protection plan shall be subject to the obligation of the staff of the operator, the staff of the public authorities and other persons who have become acquainted with them in the context of the performance of their duties, to maintain confidentiality and not to provide information on them under the Specific Law (12). The obligation to remain silent shall continue after the termination of the service or the relevant work13).
(3) The requirements of the security measures provided for in Article 14 (2) (b) to (d) shall be determined by the operator by internal regulation to the extent provided for in the implementing legislation.
(4) The Ministry of Industry and Trade, after consulting the Ministry of the Interior and the Ministry of the Interior, provides for the scope and content of security measures by implementing legislation.
§ 16
Changes in the object or device
(1) An application for inclusion after any change in the type or quantity of dangerous substance placed, if such change results in the change in the classification of an object or plant in Group A or Group B, the operator is obliged to deliver immediately to the Regional Office within 1 month at the latest. This application for inclusion shall also be submitted by the operator to the Regional Authority within 1 month of the end of the establishment or establishment or from the date on which the obligations under this Act ceased to apply to it.
(2) An operator shall ensure that the safety programme and the safety report are updated without delay after any change in the type or quantity of dangerous substances in excess of 10% of the existing quantity, after any change in the technology in which the hazardous substance is used, or after organisational changes where such changes lead to a change in the safety of the use of the object or equipment.
(3) An operator is required to process and submit to the Regional Authority for approval the update of the safety programme and the safety report within 3 months of the date of the acquisition of legal authority of the decision of the Regional Authority on classification following a change in the conditions of the establishment or establishment referred to in paragraph 1.

HLAVA IV

_
§ 17
Internal emergency plan
(1) The operator is obliged to process an internal emergency plan in conjunction with the staff of the building or plant included in Group B and to provide for arrangements within the building or installation when a major accident occurs to mitigate its effects. The internal emergency plan shall include:
(a) the names, surnames and functional classifications of natural persons designated by the operator to implement preventive safety measures;
(b) scenarios of possible accidents, scenarios of response to possible accidents, scenarios of management of response to possible accidents and matrix of responsibility for each phase of response to possible accidents;
(c) a description of the possible consequences of a major accident;
(d) a description of the activities necessary to mitigate the impact of a major accident;
(e) an overview of the means of intervention available to the operator;
(f) the manner in which the public authorities concerned are informed and the warnings of persons;
(g) training arrangements and emergency exercise plan;
(h) measures to promote mitigation of the effects of a major accident outside the object and cooperation with the components of the integrated rescue system.
(2) Other emergency management plans, prepared by the operator and approved under the Specific Regulations (14), constitute separate annexes to the Internal Emergency Plan.
(3) The operator shall submit an internal emergency plan to record and store the Regional Authority.
(4) The operator shall also:
(a) ensure that the internal emergency plan is updated within 1 month of any change in the type or quantity of dangerous substances in excess of 10% of the existing quantity or any change in the technology in which the hazardous substance is used, where such changes result in a change in the safety of the use of the object or equipment and in organisational changes affecting the safety assurance system;
(b) submit to the Regional Authority without delay an update of the internal emergency plan for registration and storage;
(c) include, by decision of the Regional Authority, preventive security measures relating to the possibility of a domino effect in the internal emergency plan;
(d) consider, in the internal emergency plan, measures to mitigate the impact of a major accident and the associated location of an object or installation in relation to transport or technical infrastructure, residential services or significant landscape elements, in particular the protected territory and territory of NATURA 2000;
(e) ensure that the internal emergency plan is examined in the light of its current nature at least every 3 years from the date on which the internal emergency plan became a valid document; that date must be indicated in the document, including the signature of the authorised natural person,
(f) it can be demonstrated that employees and other natural persons present at the premises or in the case of installations, including long-term subcontractors, on the risks of a major accident, on preventive security measures and on desirable behaviour in the event of a major accident;
(g) to impose an internal emergency plan in such a way as to make it available to persons entrusted with implementing the internal emergency plan measures and to carry out checks;
(h) follow an internal emergency plan where a major accident cannot be averted or a major accident has already occurred.
(5) The Ministry provides for the manner and structure of the internal emergency plan and its updating by implementing legislation.

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Regulation Information

CitationAct 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)
Regulation Type-
Author-
CollectionCode of Laws
Date of Promulgation08.03.2006
Effective from01.06.2006
Effective until-
Status Valid
The regulation text is for informational purposes only.
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