Government Decree No. 6 / 2000 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
Effective from 29.01.2000
6
GOVERNMENT REGULATION
of 12 January 2000
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 orders, pursuant to Article 22 (7) of Act No 353 / 1999 Coll., on the prevention of major accidents caused by selected hazardous chemicals and chemical preparations 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):
Method of evaluation of the major accident prevention programme and safety report
(1) The Ministry of the Environment (hereinafter referred to as "the Ministry"), in assessing the risk assessment of major accidents and preventive safety measures (1), controls compliance with the principles set out for their evaluation.2)
(2) The Ministry shall state in its observations 3)
(a) identification of the operator's premises or facilities, 4)
(b) the assessment of the risk of a major accident and its possible consequences;
(c) assessment of preventive security measures;
(d) recommendations to supplement the security programme for the prevention of a major accident (hereinafter referred to as "the programme") or the safety report or to focus the checks carried out. 5)
(3) The statement of the Ministry, the content of which is set out in paragraph 2, is the basis for the decision to approve the programme or safety report and their updates (6) and for the preparation of the annual control plan by the Czech Environmental Inspection Agency. 5)
Method of processing and content of the annual control plan
(1) By 15 October of the current year, the Czech environmental inspection will process the draft annual plan (5) for the immediately following calendar year. The first draft annual control plan shall be prepared for 2001.
(2) The draft annual control plan will be sent by the Czech Environmental Inspection Office to the district authorities and other public authorities, 7) which will carry out the inspection by 31 October of the current year.
(3) The county authorities and other public authorities which will carry out the inspection will send their comments on the draft annual control plan in writing by 30 November of the current year.
(4) The Czech environmental inspection will send it to the Ministry for approval by 5 December 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 December of the current year the Czech Environmental Inspection Centre, which will send an approved annual control plan to the district authorities and other public authorities which will carry out the inspection by 20 December of the current year, after considering and making possible modifications to the draft annual control plan. Those authorities shall include checks from the approved annual control plan in their annual control plan.
(5) The annual control plan shall include:
(a) plan for checking compliance with general conditions for major accident prevention, 8)
(b) the list of operators of objects or installations included in groups A and B, 9) for which inspection will be carried out;
(c) the days on which the check will be carried out;
(d) the list of public authorities to carry out the check;
(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 District 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) name of the district office and other bodies of state administration which will carry out the inspection together with the Czech environmental inspection, 11)
(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 the possibility of cumulative and synergistic phenomena, the possible consequences of a major accident crossing the border, the Ministry's recommendation referred to in the statement referred to in Paragraph 1 (2), the results of the previous inspection, the report on any major accident of a controlled object or installation, the experience of major accidents of similar objects or installations, complaints received, changes in the ownership of the object or plant, serious changes in the composition or number of the operator's staff, reports of major changes in the object or equipment, the results of the examination of the programme or safety reports 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 district office and the other public authorities which will carry out the inspection shall send the Czech environmental inspection the names and surnames of the members of the control group and the Czech environmental inspection shall designate the head of the control group.
(3) The implementation of the inspection shall include an assessment of:
(a) 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 notify the inclusion of an object or installation in the relevant group, 14)
(d) the accuracy, completeness and up-to-date of the programme and of the security report, including the incorporation of the recommendations in the Ministry's observations (§ 1 (2));
(e) the formalities laid down in the internal emergency plan;
(f) the completeness of the documentation for the determination of the emergency planning zone and for the processing of the external emergency plan;
(g) the other elements specified in the operator's control focus and the object or equipment used by him.
Where 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 when carrying out the check. 15)
(4) The Czech environmental inspection will inform the operator of the premises or facilities to be inspected in writing, the dates on which the inspection will be carried out, as well as the names, surnames and employers of the manager and members of the control group, at least 10 working days before the date of commencement of the check.
Content of information and content of the final control report
(1) On each control carried out (5), the county authority and the other public authorities which carried out the inspection shall process the information in writing, (11) the content of which is set out in Annex 1 to this Regulation.
(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 inspection, 16) whose contents are listed in Annex 2 to this Regulation.
Efficacy
This Regulation shall enter into force on 29 January 2000.
Prime Minister:
Ing. Zeman v. r.
Minister of Environment:
RNDr. Kužvart v. r.
Příloha č. 1
Annex No 1 to Decree No 6 / 2000 Coll.
Content details of information on the outcome of the check
1. Name and address of the authority which carried out the inspection.
2. The name and surname of the employee who carried out the check under the responsibility of the administration body 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 authority whose staff member carried out the inspection and the signature and functional classification of the person authorised by the operator to participate in the control.
Příloha č. 2
Annex No 2 to Decree No 6 / 2000 Coll.
Content details of the report on the outcome of the check
1. Names and addresses of the authorities 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 preparations and amending Act No. 425 / 1990 Coll., on District Offices, the modification of their responsibilities and certain other measures related thereto, as amended (Act on the Prevention of Major Accidents).
(2) Annexes No 1 to 3 to Decree No 8 / 2000 Coll., laying down the principles for the risk assessment of a major accident, the scope and manner of processing of the security programme for the prevention of a major accident and safety reports, the processing of internal emergency plans, the processing of documents for the establishment of the emergency planning zone and for the development of an external emergency plan and the scope and manner of information to the public and the procedure for ensuring public information in the emergency planning zone.
3) § 17 (f) of Act No 353 / 1999 Coll.
4) § 2 (g) of Act No 353 / 1999 Coll.
5) § 22 of Act No 353 / 1999 Coll.
6) Paragraph 13 (9) of Act No 353 / 1999 Coll.
7) § 21 of Act No 353 / 1999 Coll.
8) § 3 of Act No 353 / 1999 Coll.
9) § 3 paragraphs 3 and 4 of Act No 353 / 1999 Coll.
10) Paragraph 22 (3) of Act No 353 / 1999 Coll.
11) Paragraph 22 (4) of Act No 353 / 1999 Coll.
12) § 4 of Act No 353 / 1999 Coll.
13) Article 5 of Act No 353 / 1999 Coll.
14) § 6 of Act No 353 / 1999 Coll.
15) Paragraph 22 (5) of Act No 353 / 1999 Coll.
16) § 19 (e) of Act No 353 / 1999 Coll.
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Regulation Information
| Citation | Government Regulation No. 6 / 2000 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 | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 27.01.2000 |
|---|---|
| Effective from | 29.01.2000 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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