Act No. 61 / 2014 Coll.
Act amending Act No. 350 / 2011 Coll., on Chemicals and Chemical Mixtures and on the amendment of certain laws (Chemical Act), as amended by Act No. 279 / 2013 Coll., and certain other laws
Valid
Effective from 07.04.2014
61
THE LAW
of 19 March 2014
amending Act No. 350 / 2011 Coll., on Chemicals and Chemical Mixtures and amending certain laws (Chemical Act), as amended by Act No. 279 / 2013 Coll., and certain other laws
Parliament has decided on this law of the Czech Republic:
Amendment of chemical law
Act No. 350 / 2011 Coll., on Chemicals and Chemical Mixtures and on the Amendment of Certain Laws (Chemical Act), as amended by Act No. 279 / 2013 Coll., is amended as follows:
1. in Article 15 (1) (b) (1), "(b) to (f) and (j)" shall be replaced by "(b) to (e), (h) and (j)";
2. Paragraph 18 (1) reads as follows:
"(1) For the purposes of this Act and directly applicable European Union20, 21) only a person who has a certificate of compliance (hereinafter referred to as" certificate ") shall carry out testing of dangerous properties of a substance or mixture within the range of dangerous properties set out in Parts 3 and 4 of Annex I to Regulation (EC) No 1272 / 200821 of the European Parliament and of the Council."
3. in Paragraph 25 (1), point (c) shall be deleted;
Points (d) and (e) shall be renumbered (c) and (d).
4. Article 32 shall be deleted, including the title.
5. In Article 33 (1), the words "the competent administrative authority is entitled to order 'are replaced by the words" the competent administrative authorities under Article 23 (d) to (h) are entitled to order'.
6. in Paragraph 33 (1) (a):
"(a) a person who has placed a substance or mixture on the market contrary to the requirements for classification, packaging or labelling laid down by the directly applicable European Union Regulation on classification, packaging and labelling (21) in order to suspend their further placing on the market until such time as classification, packaging and labelling comply with those requirements,"
7. In Article 33, at the end of paragraph 1, the dot is replaced by a comma and the following points (g) to (i) are added:
"(g) a person who has placed a substance or mixture on the market contrary to the classification, packaging or labelling requirements laid down in Title II in order to suspend their further placing on the market until such time as they comply with those requirements,
(h) a person who has placed on the market a surfactant or detergent containing a surfactant that does not meet the biodegradability criteria laid down by the directly applicable European Union detergenation28), their withdrawal from the market; or
(i) to a person who has placed on the market a detergent which does not comply with the restrictions on the content of phosphates and other phosphorus compounds laid down by the directly applicable European Union regulation on detergenitech28), its withdrawal from the market.
28) Regulation (EC) No 648 / 2004 of the European Parliament and of the Council of 31 March 2004 on detergents, as amended. '
8. in Paragraph 34 (2) (a):
"(a) produce or import a substance or substance in a mixture or article without registration or notification pursuant to a directly applicable European Union Regulation on the Registration, Evaluation, Authorisation and Restriction of Chemicals (20); or"
9. Paragraph 34 (3) reads as follows:
"(3) The manufacturer commits an administrative offence by placing on the market on the territory of the Czech Republic, contrary to the directly applicable European Union regulation on detergenitech28
(a) a surfactant or detergent containing a surfactant that does not comply with the biodegradability criteria laid down by the directly applicable European Union detergento28); or
(b) consumer detergent or detergent intended for automatic dishwashers. "
10. in Paragraph 34 (6) (b), the words "directly applicable regulation" shall be replaced by the words "Title VIII of the Regulation directly applicable."
11. in Article 34 (6) (c) and (d):
"(c) places on the market a substance or mixture classified as dangerous without ensuring its labelling and packaging in accordance with the directly applicable European Union Regulation on classification, labelling and packaging of substances and mixtures (21);
(d) it shall place on the market a mixture which is classified as dangerous or a mixture which may present a specific danger to health or the environment without securing its designation and packaging in accordance with Sections 11 to 16; ';
12. in Paragraph 34 (6), the word "or" shall be deleted at the end of point (f).
13. In Paragraph 34, at the end of paragraph 6, the dot is replaced by "or 'and the following point (j) is added:
"(j) in contravention of the directly applicable European Union Regulation on the Registration, Evaluation, Authorisation and Restriction of Chemicals (20), it shall not retain all the information it requires for the performance of its duties, for as long as the substance or mixture is placed on the market and for a period of 10 years from the last placing on the market.";
14. in Article 34 (10) and (11):
"(10) A downstream user commits an administrative offence by contravening the directly applicable European Union Regulation on the Registration, Evaluation, Authorisation and Restriction of Chemical Substances 20)
(a) not produce a chemical safety report or provide the European Chemicals Agency with the information specified; or
(b) does not identify or apply appropriate measures to adequately limit the risks identified:
1. in the safety data sheets provided to him,
2. in its own chemical safety assessment, or
3. in any information on the risk management measures provided to it.
(11) The registrant commits an administrative offence in contravention of the directly applicable European Union Regulation on the Registration, Evaluation, Authorisation and Restriction of Chemicals 20)
(a) does not provide the European Chemicals Agency with the specified information;
(b) does not establish or apply appropriate measures to adequately control the risks identified in the chemical safety assessment or recommend them in safety data sheets;
(c) does not maintain or update a chemical safety report; or
(d) does not update its registration data by supplementing or submitting to the European Chemicals Agency. "
15. Paragraph 34 (13) reads:
"(13) A manufacturer or distributor who places a detergent on the market in the Czech Republic shall commit an administrative offence by:
(a) it shall place on the market a detergent without ensuring that it is labelled in accordance with the directly applicable European Union law on detergenitech28),
(b) placing on the market a detergent which does not comply with the restrictions on the content of phosphates and other phosphorus compounds in accordance with the directly applicable European Union regulation on detergents (28); or
(c) does not provide the Ministry of Health with information pursuant to § 22 (3) or (4). ';
16. In Article 34 (15), the words "directly applicable regulation 'are replaced by the words" established directly by the applicable regulation' and the words "contrary to the decision of the competent administrative authority referred to in Article 33 (1), no remedy 'are replaced by the words" shall not suspend the placing on the market of the substance or mixture in accordance with Article 33 (1) (a)'.
17. in Article 34 (16), the words "Title II" shall be replaced by the words "Title II" and the words "contrary to the decision of the competent administrative authority referred to in Article 33 (1) (a) shall not be corrected" shall be replaced by the words "shall not suspend the further placing on the market of the substance or mixture under Article 33 (1) (g)."
18. In Paragraph 34, the following paragraphs 20 and 21 are inserted after paragraph 19:
"(20) A person who has placed on the market a surfactant or detergent containing a surfactant that does not meet the biodegradability criteria laid down in the directly applicable European Union detergention28) shall commit an administrative offence by not withdrawing such a surfactant or detergent containing a surfactant from the market pursuant to Article 33 (1) (h).
(21) A person who has placed on the market a detergent that does not comply with the restrictions on the content of phosphates and other phosphorus compounds laid down by the directly applicable European Union detergention28) shall commit an administrative offence by not withdrawing such detergent from the market pursuant to Article 33 (1) (i). "
Paragraph 20 shall become paragraph 22.
19. in § 34 (22) (c):
"(c) up to CZK 3 000 000, if the administrative offence referred to in paragraph 4 (b), paragraph 6 (a), (h), (i) or (j), paragraph 7 (a), paragraph 8, paragraph 10 (b), paragraph 11 (b), paragraph 13 (a) or (b) or paragraphs 20 or 21,"
20. in Paragraph 34 (22), the following point (d) is inserted after point (c):
"(d) up to CZK 2,500,000 if it is an administrative offence under paragraph 11 (a) or (d),"
Points (d) to (f) shall be renumbered as points (e) to (g).
21. in Paragraph 34 (22) (e) and (f):
"(e) up to CZK 2 000 000, if the administrative offence referred to in paragraph 5 (b), paragraph 6 (e) or (f) or paragraph 19,
(f) up to CZK 1 000 000 000 where the administrative offence referred to in paragraph 1 (a), paragraph 2 (b), paragraph 3, paragraph 7 (b), paragraph 9, paragraph 10 (a), paragraph 11 (a), (c) or (d), paragraph 12 or paragraph 13 (c), ';
22. In Article 35, the following paragraph 5 is added:
"(5) The income from fines imposed by the Czech environmental inspection is the income of the State Environmental Fund and the income from fines imposed by other administrative authorities is the income of the state budget."
23. In Article 49 (2), the words "Article 33 (1) (g)," and the words "paragraph 20 (b) and (d) 'shall be replaced by the words" paragraph 22 (b) and (e)';
Transitional provisions
1. A check initiated before the date of entry into force of this Act shall be completed in accordance with Act No. 350 / 2011 Coll., as effective before the date of entry into force of this Act.
2. Proceedings which were not final before the date of entry into force of this Act shall be completed in accordance with Act No. 350 / 2011 Coll., as effective before the date of entry into force of this Act.
Amendment of the Water Law
Act No. 254 / 2001 Coll., on the Water and Amendment of Certain Laws (Water Act), as amended by Act No. 76 / 2002 Coll., Act No. 320 / 2002 Coll., Act No. 274 / 2003 Coll., Act No. 20 / 2004 Coll., Act No. 413 / 2005 Coll., Act No. 167 / 2005 Coll., Act No. 186 / 2006 Coll., Act No. 222 / 2006 Coll., Act No. 350 / 2012 Coll., Act No. 342 / 2006 Coll., Act No. 25 / 2008 Coll., Act No. 150 / 2010 Coll., Act No. 77 / 2011 Coll., Act No. 157 / 2009 Coll., Act No. 157 / 2009 Coll., Act No. 227 / 2009 Coll.
1. In Article 9 (8), "Paragraph 39 (13) 'is replaced by" Paragraph 39 (12)';
2. Paragraph 39 (10) is deleted.
Paragraphs 11 to 13 shall be renumbered paragraphs 10 to 12.
3. Paragraph 122 (5) is deleted.
Paragraphs 6 and 7 shall become paragraphs 5 and 6.
4. In Paragraph 122 (5) (c), "paragraphs 3 and 5 'are replaced by" paragraph 3'.
5. Paragraph 125g (5) is deleted.
Paragraphs 6 and 7 shall become paragraphs 5 and 6.
6. in Article 125g (5) (c), the words "under paragraphs 3 and 5, or" shall be replaced by the words "under paragraph 3, or";
Transitional provision
Proceedings which were not final before the date of entry into force of this Act shall be completed in accordance with Act No. 254 / 2001 Coll., as effective before the date of entry into force of this Act.
EFFECTIVE
This Law shall take effect on the day of its publication, with the exception of the provisions of Article I (9) and (13), (14) as regards Articles 34 (10) (b) and 34 (11) (b) to (d), (15) as regards Article 34 (13) (a) and (b), (18) and Article V, which shall take effect on 1 July 2014.
Hamlet v. r.
Zeman v. r.
Sobotka v. r.
Contents
Sign in for notes, favorites and notifications
Regulation Information
| Citation | Act No. 61 / 2014 Coll., amending Act No. 350 / 2011 Coll., on Chemicals and Chemical Mixtures and on the Amendment of Certain Laws (Chemical Act), as amended by Act No. 279 / 2013 Coll., and certain other laws |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 07.04.2014 |
|---|---|
| Effective from | 07.04.2014 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
Comments 0