Act No. 82 / 2004 Coll.
Act amending 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 the District Offices, the modification of their responsibilities and certain other measures related thereto, as amended (Act on the Prevention of Major Accidents), as amended
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Effective from 01.04.2004
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82
THE LAW
of 22 January 2004
amending Act No 353 / 1999 Coll., on the prevention of major accidents caused by selected hazardous chemicals and chemical products and amending Act No 425 / 1990 Coll., on the District Offices, the modification of their responsibilities and certain other measures related thereto, as amended (Act on the Prevention of Major Accidents), as amended
Parliament has decided on this law of the Czech Republic:
Act No 353 / 1999 Coll., on the prevention of major accidents caused by selected hazardous chemicals and chemical products 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), as amended by Act No. 258 / 2000 Coll. and Act No. 320 / 2002 Coll., is amended as follows:
1. In Paragraph 1 (1), the words "in accordance with the law of the European Communities (1) 'shall be inserted after the words" laid down'.
footnote 1 is replaced by the following:
"(1) Council Directive 96 / 82 / EC on the management of major-accident hazards involving hazardous chemicals."
footnote (1) shall be renumbered footnote (1a), including the footnote reference.
2. in Paragraph 1 (2) (a):
"(a) the obligations of legal persons and business natural persons who own or use the object or installation referred to in paragraph 1, as well as the obligations of other legal persons and of commercial natural persons when providing for the prevention of major accidents under this law;"
3. In Article 1 (2) (d), the words "government 'are replaced by the words" administrative offices' and at the end of the sentence the dot is replaced by a comma and the following point (e) is added:
"(e) the means of providing information on the occurrence and effects of a major accident.";
4. In Article 1 (3) (c), the word "railway 'is replaced by the words" railway, air' and the words "and air transport 'are deleted.
5. In Article 1 (3), the words "except for the storage of hazardous chemicals and preparations in objects or equipment on the surface shall be added at the end of point (e); This exception is without prejudice to the provisions of specific legislation, 5) '.
6. In Article 2 (a), the words "measures to mitigate the effects of a potential major accident 'are inserted after the words" reinsurance'.
7. In Article 2 (b), the word "dangerous' is deleted.
8. in Article 2 (c):
"(c) a major accident is an exceptional, partly or completely 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 which results in a serious threat or serious impact on the lives and health of humans, livestock (8) and the environment or damage to property;"
9. In Article 2 (d), the words "owned or 'are deleted.
10. in Article 2, the words "and which also includes all parts necessary for operation, such as construction buildings, pipelines, storage tanks, machinery, tugs and cargo spaces," shall be added at the end of point (e).
11. in Article 2 (f):
"(f) the risk of developing specific effects in the specified period or in specified circumstances;"
12. in Article 2 (g), the word "business" shall be inserted before the words "natural person" and, at the end of point (g), the words "or have been added to Group A or B by decision of the Regional Office pursuant to Article 3 (5)," shall be added;
13. in Article 2 (i):
"(i) the domino effect of the possibility of increasing the likelihood of a major accident arising from the location of undertakings or groups of undertakings and their hazardous substances,"
14. in Article 2, at the end of point (l), the dot is replaced by a comma and the following points (m) to (o) are added:
"(m) a source of risk (danger) the essential property of a dangerous substance and possible specific situations which may cause a major accident;
(n) emergency preparedness to prepare measures to prevent or at least mitigate the impact of accidents. It includes the development of scenarios for potential major accidents, response to potential major accidents, management of response to potential major accidents, as well as preparation of the means and tools necessary for response to major accidents,
(o) a variant description of the development of a major accident, a description of the development of causative and sequential events, on the one hand, and sequentially occurring, on the other hand, and events taking place as activities of the people intended to manage the course of the accident. "
15. in Article 3 (1) and (2), the words "and a natural person" shall be replaced by the words "or an undertaking natural person," and after the words "which" shall be deleted.
16. in Paragraph 3 (3), the words "persons mentioned" shall be replaced by the words "legal person or an undertaking natural person referred to," the words "classify an object" shall be replaced by the words "propose the classification of an object" and the words "group A" shall be inserted after the word "law";
17. in Paragraph 3 (4), the words "persons referred to" shall be replaced by the words "legal person or an undertaking natural person referred to," the words "classify an object" shall be replaced by the words "propose the inclusion of an object" and the words "group B" shall be inserted after the word "law";
18. Paragraph 3 (5) to (8) reads as follows:
"(5) The Regional Authority shall assess and evaluate the design of the classification of an object or device in Group A or B and the possibilities of developing a domino effect arising from the location of the surrounding objects or equipment and the type and quantity of hazardous substances placed therein. On the basis of the draft classification and assessment of the possibility of domino effect, the Regional Authority shall issue a decision on the classification of the object in Group A or Group B to a legal person or an undertaking using a designated object or installation, and shall not be bound by whether or not the legal persons or entities involved have proposed to include at least one of the objects or facilities under Group A in accordance with paragraph 3 or Group B in accordance with paragraph 4.
(6) Legal persons or legal entities whose object or establishment has been assigned to Group A or B by a decision of the Regional Authority pursuant to paragraph 5 shall be required to fulfil all obligations of the operators of objects or installations who have proposed their classification in Group A pursuant to paragraph 3 or Group B pursuant to paragraph 4 and shall cooperate with each other in the risk analysis and assessment, in the processing of a major accident prevention security programme (the programme) or safety reports and emergency plans under this law.
(7) A legal person or an undertaking natural person whose object or establishment has been assigned to group A or B by a decision of the Regional Authority pursuant to paragraph 6 shall be required to fulfil all obligations of the operators of objects or equipment listed in group A pursuant to paragraph 3 or group B pursuant to paragraph 4.
(8) Where a legal person or an operating natural person who has fulfilled obligations under paragraphs 1 and 2 finds that it is not subject to obligations under this law, he shall be obliged to record this fact on a protocol basis, send a copy to the Regional Office and submit to the inspection authorities pursuant to § 22, including the identification and quantity of hazardous substances placed. ';
19. in Paragraph 3, paragraph 9 is deleted;
20. In Article 4 (1), the words "within 100 days of the entry into force of the decision of the Regional Authority approving the dossier 'shall be added at the end.
21. Paragraph 4 (4) reads as follows:
"(4) The amount of the insurance amount proposed by the operator shall correspond to the extent of the potential impact of the major accident expressed in the approved programme or in the approved safety report referred to in paragraphs 7 to 9. ';
22.
Analysis and assessment of major accident risks
(1) An operator is required to carry out a major accident risk analysis and assessment.
(2) The analysis and assessment of the risks of a major accident must include in particular:
(a) identification of sources of risk (danger);
(b) identification of the causes and possible accident scenarios which may result in a major accident;
(c) an assessment of the impact of major accident scenarios on human health and lives, livestock, environment and property;
(d) an estimate of the likelihood of major-accident scenarios;
(e) risk assessment;
(f) assessing the acceptability of major accident risks;
(g) draft technical security measures to reduce the risk of major accidents.
(3) The Ministry lays down the principles of analysis and assessment of major accident risks by implementing legislation. "
23.
Classification of an object or installation in a group A or B
(1) The application for the inclusion of an object or plant in the relevant group shall be a document by which the operator shall notify the Regional Authority of the basic identification details of the object or equipment, listing the dangerous substances placed according to their type and quantity and the design of the inclusion of the object or equipment in Group A or B pursuant to § 3 (3) or (4). The design of the classification shall be drawn up by the operator in accordance with the model set out in Annex 2 to this Act and submitted to the Regional Authority in one written copy and in electronic form.
(2) The application for inclusion referred to in paragraph 1 shall be submitted by the operator of the new building or installation to the Regional Authority at the same time as the declaration of the submission of a proposal for the opening of a territorial procedure for its location, or, where appropriate, of an application for a building permit or an application for an additional building permit pursuant to a special legislature11), where no territorial decision has been given.
(3) An application for inclusion after a change in the conditions of an object or installation shall be submitted by the operator to the Regional Authority within 1 month of any change in the type or quantity of dangerous substances placed in excess of 10% of the existing quantity or any change in the technology in which the dangerous substance is used, provided that such changes result in a change in the safety of the use of the object or equipment. This notification shall be delivered by the operator to the Regional Authority within 1 month of the termination of the establishment or establishment or of the date on which it ceases to be subject to obligations under this Act.
(4) The Regional Authority shall issue to the operator a decision on the classification of an object or plant in Group A or B or the decommissioning of an object or plant in Group A or B. The Regional Authority shall determine in this Decision the number of copies, including an electronic version of the documentation, of the number of administrative offices or units concerned. ';
24. in Paragraph 7 (1), the word "Programme" shall be replaced by the words "Security Programme for the Prevention of a Major Accident (" Programme ")."
25. Paragraph 7 (2) reads:
"(2) Operator of a group object or installation It is obliged to process the programme and follow it in such a way as to ensure that the Ministry provides a level of protection of the life and health of persons and the environment by appropriate means, components and management systems. '
26. in Paragraph 7 (4):
"(4) The Ministry shall establish by implementing legislation the structure of the safety management system, the scope and manner of processing of the programme and the level of protection of the life and health of persons and the environment. '.
27. in Article 7 (5), the words "cumulative and synergistic effects of a major accident arising from the position of nearby objects or equipment and the type and quantity of hazardous substances present therein" shall be replaced by the words "domino effect."
28. In Article 7 (6), the words "use a new object or plant 'are replaced by the words" establish a new object or plant by building or changing its use'.
29. in Articles 7 (7) and 8 (5), the words "administrative authorities" shall be replaced by the words "administrative authorities";
30. in Paragraph 7 (8), the words "government bodies" shall be replaced by the words "administrative offices" and the words "issued" shall be added after the words "within 90 days of the submission of the programme."
31st Paragraph 7 (9) reads as follows:
"(9) The operator shall provide evidence of staff with the approved programme and other natural persons present at the premises or at the premises of the installation with evidence of the risks of a major accident, preventive safety measures and their desirable behaviour in the event of a major accident. ';
32. in Article 7 (10), the words "or its characteristics" shall be replaced by the words "exceeding 10% of the current quantity" and the words "without delay" by the words "within one month of the date of the change referred to in the first sentence."
33.Paragraph 7 (12) shall be deleted;
34. in Paragraph 8 (1):
"(1) The safety report shall be an operator-processed document in which the operator shall indicate in each chapter:
(a) information on the management system and organisation of the undertaking with regard to the prevention of a major accident (the security programme referred to in Section 7);
(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 effects of a major accident. "
35. in Paragraph 8 (2), the words "in case an object or device is assigned to group B pursuant to Section 3 (4)" shall be replaced by "in case of inclusion of an object or installation in group B."
36. in Paragraph 8 (3):
"(3) The content of the chapters referred to in paragraph 1 shall be laid down by the Ministry by implementing legislation."
37. in Article 8 (4), the words "use a new object or plant" shall be replaced by the words "establish a new object or plant by building or changing its use."
38. in Paragraph 8 (6), the words "public authorities" shall be replaced by the words "administrative offices," the words "to be published" shall be inserted after the words "to be published" within 90 days of the submission of the safety report, "and the words" District "shall be replaced by" Regional. "
39. in Paragraph 8 (7), the word "programme" shall be replaced by the words "security reports."
40. Paragraph 8 is deleted.
41. in Paragraph 9 (1), the words "or its characteristics" shall be replaced by the words "exceeding 10% of the current quantity" and the words "without delay" by the words "within one month of the date of the change referred to in the first sentence."
42. Paragraph 9 (3) reads:
"(3) An operator shall, on the basis of a communication from the Regional Authority, include in the safety report preventive safety measures relating to the possible occurrence of a domino effect due to the location of an object or device in relation to another object or device in which a dangerous substance is placed in quantities equal to or less than that specified in Annex 1 to this Act, or by the reciprocal action of such objects or equipment. ';
43. The following Section 9a is inserted after Section 9, including footnote 11 (a):
Physical protection plan
(1) An operator of an object or installation which is classified in Group A or B as referred to in Section 3 is obliged to process the physical protection plan of an object or installation (hereinafter referred to as the physical protection plan).
(2) The physical protection plan shall specify the security measures:
(a) an analysis of the possibilities of unauthorised activities and any attack on objects or equipment referred to in paragraph 1;
(b) arrangements;
(c) physical surveillance;
(d) technical means; and
(e) a record of the performance of the functional tests of the alarm system.
(3) The physical protection plan and its changes are sent by the operator of the premises or facilities to the Regional Office and the local authorities of the Police of the Czech Republic.
(4) The operator shall take and ensure security measures for the physical protection of the objects or equipment specified in the physical protection plan.
(5) The performance of the security measures referred to in paragraph 2 (b) to (d) must be checked by the operator at least once a year. The functional tests carried out shall be recorded and kept for 3 years.
(6) The security measures contained in the physical protection plan must be kept confidential by the operator's staff, administrative staff and other persons who have become acquainted with them in connection with the performance of their duties and do not provide information on them under a special law. 11a) The obligation to remain silent shall continue after the termination of employment or work.
(7) Details of the security measures referred to in points (b) to (d) of paragraph 2 shall be laid down by the operator by an internal regulation to the extent provided for in the Decree issued by the Ministry of Industry and Trade in cooperation with the Ministry of Interior and the Ministry.
11a) § 2 (3) of Act No. 106 / 1999 Coll., on Free Access to Information, as amended by Act No. 101 / 2000 Coll. '
44. In Article 10, the words "to minimise its consequences' are replaced by the words" to mitigate its effects, in particular the major accident response scenarios, modified to local specifics and, where appropriate, to the timescale of several events'.
45. in Article 11 (1), the words "preventive safety measures to minimise the consequences of a major accident which must be carried out within or in the case of an installation" shall be replaced by the words "measures within the building or installation to prevent a major accident and to mitigate its impact upon a major accident."
46.Paragraph 11 (2) reads as follows:
"(2) In the internal emergency plan, the operator shall indicate:
(a) the names, surnames and functional classifications of natural persons to be authorised by the operator to implement the preventive safety measures referred to in the internal emergency plan and which are related to the Regional Authority and its designated authorities and organisations;
(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 and the expression of the damage that may be caused by a major accident;
(d) a description of preventive safety measures to protect human life and health, livestock, environment and property;
(e) a description of the activities necessary to mitigate the impact of a major accident;
(f) an overview of the means of intervention available to the operator;
(g) the way in which the administrative authorities concerned are notified and the warnings of people;
(h) emergency exercise plan. ';
47. in Paragraph 11 (3), the words "and form separate annexes" shall be added at the end.
48. In the first sentence of Article 11 (4), the words "and, where appropriate, for further use for the purpose of drawing up an external emergency plan 'shall be inserted after the word" archiving'.
49.Paragraph 11 (5) reads:
"(5) The operator shall:
(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 archiving and, where appropriate, for further use for the purpose of drawing up the external emergency plan;
(c) include, on the basis of a communication from the Regional Authority in the internal emergency plan, preventive safety measures relating to the possibility of a major accident domino effect due to the location of the object or device in relation to another object or installation in which a dangerous substance is placed in quantities equal to or less than the amount specified in Annex 1 to this Act, or by the interaction of such objects or equipment;
(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;
(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. This date must be indicated in the document including the signature of the authorised person,
(f) inform employees and other natural persons present at the premises or in the case of installations of the risks of a major accident, of preventive security measures and of their desirable behaviour in the event of a major accident;
(g) follow an internal emergency plan where a major accident cannot be averted or a major accident has already occurred;
(h) to impose an internal emergency plan in such a way that it is accessible to persons authorised to implement the measures of the internal emergency plan and to authorised representatives of the administrative authorities. ";
50. In Article 11 (6), the word "implementing 'shall be inserted after the word" laying down'.
51. in Article 12 (1) (b), the words "and the organisations and institutions entrusted to it" shall be inserted after the words "the Regional Office."
52. Paragraph 12 (2), including footnote 13a, reads:
"(2) The written documentation for setting the emergency planning zone and for drawing up the external emergency plan shall include in particular:
(a) name and surname (s), place of residence of foreigners and permanent residence with citizens of the Czech Republic (registered office), operator identification number if assigned,
(b) the name and surname of the natural person responsible for processing the supporting documents;
(c) a description of the major accident which may occur in the building or installation and the effects of which may be manifested outside the object or installation;
(d) an overview of the possible impacts of a major accident on human life and health, livestock, the environment and property, including ways of effectively protecting against such impacts;
(e) an overview of preventive safety measures to mitigate the impact of a major accident;
(f) a list and a description of the technical means available to remove the consequences of a major accident which are located outside the operator's premises or facilities;
(g) other necessary data requested by the Regional Authority (for example, a more detailed specification of the technical means to eliminate the effects of a major accident, a more detailed plan of escape routes and evacuation areas), as well as data requested under specific legislation. 13a)
13a) Act No. 239 / 2000 Coll., on an integrated rescue system and amending certain laws, as amended by Act No. 320 / 2002 Coll. '
53. In Article 12 (4), the words "cumulative and synergistic effects of a major accident" shall be replaced by the words "domino effect" and the words "public authorities" shall be replaced by the words "administrative authorities" and at the end of the paragraph the sentence "The external emergency plan shall be drawn up in accordance with a specific legislation.13a)."
54. In Article 12 (5), the words "change in its characteristics or" shall be deleted.
55. In Paragraph 12 (7), the words "serious accident 'are replaced by the words" serious accident' and the words "already 'are inserted after the words" accident'.
56. In Paragraph 12, the following paragraph 9 is inserted after paragraph 8:
"(9) The Regional Authority shall send an external emergency plan after its approval to the relevant essential components of the integrated rescue system. ';
Paragraphs 9 and 10 shall become paragraphs 10 and 11.
57. in Articles 12 (10), 12 (11) and 14 (4), the word "implementing" shall be inserted after the word "laying down."
58. In Article 13 (2), the words "public authorities and the municipalities concerned in the emergency planning zone 'are replaced by the words" administrations and municipalities concerned'.
(59) Paragraph 13 (3) and (4), including footnotes 13b to 13d, read:
"(3) An operator may omit only information from the programme, the security reports or any updates thereof to which public consultation will be allowed, the disclosure of which could lead to the disclosure of business secrets, 13b) classified information 13c) or special facts. (13d) This information shall be provided in a copy bearing the date and signature of the statutory authority which the operator sends to the Regional Authority for the purposes of obtaining consent pursuant to Article 20 (1) (b).
(4) The subject matter of commercial secrecy, 13b) classified information (13c) or special facts (13d) for the purposes of public consultation shall not be identified as the type or quantity of dangerous substance placed in the premises or facilities listed in Annex 1 thereto.
13b) § 17 to 20 of the Commercial Code.
13c) Act No. 148 / 1998 Coll., on the Protection of classified information and on the amendment of certain laws, as amended.
13d) § 27 of Act No. 240 / 2000 Coll., on Crisis Management and on the Amendment of Certain Laws (Crisis Act), as amended by Act No. 320 / 2002 Coll. '
60. In Paragraph 13 (6), the words "public authorities' are replaced by the words" administrative authorities'.
61.In Paragraph 13 (7), the words "public administration 'are replaced by the words" administrative authority';
62. In Paragraph 13 (9), the words "public authorities" are replaced by the words "administrative offices."
63.In Paragraph 14 (1):
"(1) The Regional Authority shall process and provide information14) to the public in the emergency planning zone on major accident hazards, including possible domino effects, preventive security measures, mitigation measures and desirable behaviour of the population in the event of a major accident.";
64. In Section 15 and paragraphs 2 to 4 of Section 15, the word "consequences' is replaced by" impacts'.
65. In Paragraph 15 (1), the words "Operator" shall be replaced by the words "Legal person or business natural person who" and the word "obliged" shall be replaced by the word "obliged."
66. In Article 15 (2), the words "the operator is obliged 'are replaced by the words" a legal person or an undertaking natural person is obliged' and the word "obliged 'is replaced by the word" obliged'.
67. The heading of Section 16 reads: "Administrative offices."
68. in Paragraph 16 (f), the words "State authorities" are replaced by the words "administrative authorities."
69. in Article 16 (g) and (h):
"(g) administrative offices in the fire protection, population protection, civil emergency planning and integrated rescue system,
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Regulation Information
| Citation | Act No. 82 / 2004 Coll., amending Act No. 353 / 1999 Coll., on the Prevention of Major Accidents Caused by Selected Dangerous Chemicals and Chemical Products 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), as amended |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 25.02.2004 |
|---|---|
| Effective from | 01.04.2004 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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