Act No. 83 / 2013 Coll.
Law on the labelling and traceability of explosives for civil use
Valid
Law
Effective from 05.04.2013
83
THE LAW
of 13 March 2013
on the labelling and traceability of explosives for civil use
Parliament has decided on this law of the Czech Republic:
Subject matter
(1) This law implements the relevant provisions of the European Union1) and, in relation to the recording and traceability of explosives, regulates the obligations of organisations handling explosives and the competence of the public authorities.
(2) Explosives for the purposes of this Act are substances and articles which are thus provided for by the law governing the handling of explosives (2).
(3) This law does not apply to explosives which they hold for their needs
(a) the armed forces of the Czech Republic, the Military Police, the Security Corps or the Czech Office for the Testing of Weapons and Ammunition; or
(b) the armed forces or security forces of other States when they are present in the territory of the Czech Republic, when passing through the territory of the Czech Republic or when crossing over the territory of the Czech Republic, result from an international treaty which is part of the legal order.
(4) For the purposes of this Act, the organisation shall mean the legal and business natural person, which shall be provided for by the law governing the handling of explosives (4).
(5) The provisions of this Act concerning explosives and at the same time relations with the Member States of the European Union also concern relations with the Contracting States of the Agreement on the European Economic Area and the Swiss Confederation.
Allocation of a three-digit code
For the purposes of a unique marking in accordance with the regulations governing technical requirements for explosives (5), the Czech Mining Office allocates a three-digit code on request to each explosive manufacturing site
(a) the organisation which produces the explosive where the place of manufacture of the explosives is situated in the Czech Republic;
(b) an organisation which produces and is established in the territory of the European Union where the place of manufacture of explosives is situated outside the territory of the European Union and where explosives are imported into the Czech Republic; or
(c) an organisation which imports the explosive into the Czech Republic if the manufacturer of the explosive is not established in a Member State of the European Union and the place of manufacture of the explosive is located outside the territory of the European Union.
Registration and traceability of explosives
(1) The organisation is required to keep a record of the explosive it is handling in such a way that an overview is given,
(a) the quantity, the type, including the trade name, of which the explosive has been manufactured by the organisation or from which the person has been acquired and when it has been done so;
(b) the place in which the organisation is located, or, where appropriate, the staff member, before being transferred, consumed or destroyed; and
(c) which has been handed over to the person and when it has been done, or how it has been dealt with, and which staff member, when and where it has been done.
(2) If an explosive is subject to traceability under the rules governing technical requirements for explosives (5), the organisation handling it shall be obliged to supplement the register referred to in paragraph 1 with a unique designation of each such explosive.
(3) Each explosive shall be recorded separately according to its type and, if a trade name exists, according to its trade name, or the registration shall allow at least the classification of the records in that manner. The records shall be kept in paper or electronic form by means of means ensuring indelible recording and preventing unauthorised recording, or combinations thereof, so that the data are reproducible.
(4) Each record shall contain the date of its copy and, in the case of a record in paper form, it shall be signed by the person who made it; an electronic record must enable the person who prepared it to be identified. The correctness of the record shall be confirmed by the other person present or by another specified organisation. The record shall not be deleted or overwritten; in the case of rectification, the record shall be crossed out in such a way that it remains legible or, where appropriate, that the records kept in electronic form permit its display and the new record shall be entered in a new line. The records shall also include evidence of the receipt, supply or consumption of the explosive, in particular the transport document, the record of the gunshot or the record of the destruction of the explosive in accordance with specific legislation.
(5) The organisation shall keep a record as long as the explosive is handled and keep it for at least 10 years from the date of acquisition, manufacture, use of the explosive or any other last operation with the explosive, ensuring that the data stored in this way are still reproducible. The period referred to in the first sentence shall not apply to the retention of the record of an explosive which, after its manufacture, is subject to further manufacturing operations or processing, research, development, testing, destruction and disposal by the same organisation that manufactured it; the storage period for such records shall be determined by the organisation but shall not be less than 3 years after the last explosive operation.
(6) The organisation shall, by means of an internal regulation, lay down the means of recording the explosive referred to in paragraphs 1 to 5, in particular the method of drawing up the record, designate the persons authorised to draw up it and the period of retention of the record referred to in paragraph 5, second sentence, and comply with this internal rule.
Common provisions on the recording and traceability of explosives
(1) The organisation shall:
(a) the records referred to in Article 4 protect against loss, accidental or arbitrary damage or destruction, in particular to back it up for its renewal;
(b) at regular intervals established by the organisation, but at least once a month, compare the registered quantity of the explosive to the actual state and keep records of such comparison for at least 10 years after its acquisition;
(c) at regular intervals established by the organisation, but at least once a year, to check that the records referred to in Article 4, including the marking of explosives for traceability, are functional and reproducible and to keep records of such checks, and to keep those records for at least 10 years from their acquisition.
(2) The organisation is required to provide, at the request of the authorities of the State Mining Administration, of the Police of the Czech Republic or of the law enforcement authorities, without delay, information from the records referred to in Article 4 at any time; to this end, the organisation shall communicate to them, at their request, the name, surname and contact details of the person who may provide this information outside the working hours.
(3) Anyone who finds that a register does not comply with the requirements of this law must immediately notify the organisation which keeps or keeps such a register. If an organisation finds that the actual state of the explosive does not correspond to the state of the explosive according to the registration, it is obliged to notify the police of the Czech Republic immediately.
(4) In the event of the demise of the organisation, the insolvency administrator or liquidator shall transmit the records referred to in Section 4 to the competent district mining office, which shall keep them until the end of the period referred to in Section 4 (5). The obligation to transfer the registration to the competent district mining office shall apply mutatis mutandis to the person managing the estate in the event that, after the death of the operating natural person, he does not continue the business under the Commercial Law.
Scope of public authorities
(1) The State Administration pursuant to this Act shall:
(a) the Czech Mining Authority; and
(b) district mining authorities.
(2) Czech Mining Authority
(a) assigns a three-digit code to the place of production under this Act; and
(b) decide on appeals against decisions of the district mining authorities under this law.
(3) District Mining Offices
(a) supervise compliance with the obligations laid down by this law;
(b) impose measures to remedy deficiencies in the fulfilment of obligations under this law;
(c) conduct infringement proceedings; and
(d) keep the records transmitted to them in the cases referred to in § 4a (4).
(4) The supervision shall be carried out by the district mining authorities under the law governing control (3) by district mining inspectors who, in the performance of their activities, shall be shown by a service pass.
Transfers of legal and business natural persons
(1) The organisation commits an offence by:
(a) it does not keep records of the explosive referred to in Article 4 (1);
(b) keep records of the explosive contrary to § 4 (2), (3), (4) or (5);
(c) in contravention of Article 4 (6), it does not provide for the means of keeping records of explosives or for such internal rules;
(d) does not protect the register against loss, accidental or arbitrary damage or destruction pursuant to § 4a (1) (a);
(e) fails to fulfil any of the obligations under Paragraph 4a (1) (b) or (c);
(f) does not provide any of the information referred to in Article 4a (2) upon request;
(g) in contravention of Paragraph 4a (3), the police of the Czech Republic shall not report that the actual state of explosives does not correspond to that of the records; or
(h) fails to comply with the remedies imposed under Article 5 (3) (b).
(2) A fine of up to CZK 1 000 000 may be imposed for the offence referred to in paragraph 1.
Common provisions on infringements
(1) Transfers under this Act are discussed by the District Mining Office.
(2) The fines are collected by the authority which imposed them.
Transitional provisions
(1) The obligations of a person engaged in the field of explosives consisting of a clear designation and the conduct of an explosive traceability system do not apply to explosives manufactured or imported before 5 April 2013.
(2) Paragraph 2 (1) and (5) shall apply from 5 April 2013.
(3) Paragraphs 2 (4) and 4 shall apply from 5 April 2015.
Repeal
The following shall be deleted:
1. Act No. 146 / 2010 Coll., on the labelling and traceability of explosives for civil use.
2. Part 44 of Act No. 18 / 2012 Coll., amending certain laws in connection with the adoption of the Act on Customs Administration of the Czech Republic.
Efficacy
This Act shall take effect on the day of its publication.
Germany
Zeman v. r.
Nausea v. r.
1) Commission Directive 2008 / 43 / EC of 4 April 2008 establishing, pursuant to Council Directive 93 / 15 / EEC, a system for the identification and traceability of explosives for civil use. Commission Directive 2012 / 4 / EU of 22 February 2012 amending Directive 2008 / 43 / EC establishing, pursuant to Council Directive 93 / 15 / EEC, a system for the identification and traceability of explosives for civil use.
2) Paragraph 21 (1) (a) of Act No. 61 / 1988 Coll., on Mining Activities, Explosives and State Mining Administration, as amended.
3) Act No. 255 / 2012 Coll., on Control (Control Regulations).
4) Article 3a of Act No. 61 / 1988 Coll., on Mining Activities, Explosives and State Mining Administration, as amended.
5) Act No. 90 / 2016 Coll., on conformity assessment of specified products when making them available on the market. Government Decree No. 97 / 2016 Coll., on Technical Requirements for Explosives.
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Regulation Information
| Citation | Act No. 83 / 2013 Coll., on the Labelling and Traceability of Explosives for Civil Use |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 05.04.2013 |
|---|---|
| Effective from | 05.04.2013 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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