Decree No. 86 / 2021 Coll.
Decree amending Decree No. 471 / 2001 Coll., on Technical Safety Surveillance of Water Parts, as amended by Decree No. 255 / 2010 Coll.
Valid
Order
Effective from 01.03.2021
Text versions:
01.03.2021
25.02.2021
86
DECLARATION
of 19 February 2021
amending Decree No. 471 / 2001 Coll., on Technical Safety Supervision of Water Parts, as amended by Decree No. 255 / 2010 Coll.
According to § 61 paragraphs 5, 10, 14 and 16 and § 62 paragraph 2 of Act No. 254 / 2001 Coll., on Water and on the amendment of certain laws (Water Act), as amended by Act No. 150 / 2010 Coll. and Act No. 544 / 2020 Coll.:
Decree No. 471 / 2001 Coll., on Technical Safety Supervision of Water Parts, as amended by Decree No. 255 / 2010 Coll., is amended as follows:
1.
Subject matter
This Decree defines technical safety oversight of water components (hereinafter referred to as "supervision ') and provides for:
(a) criteria and procedures for classifying water works into categories;
(b) the scope and frequency of supervision of each category of water works and at each stage of their preparation, construction, modification of the finished construction of the water works or operation;
(c) the elements of the surveillance programme;
(d) the formalities for processing the scope of the supervisory measurement;
(e) processing of the results of observations and measurements;
(f) the conditions for qualified oversight;
(g) the extent of the data and the manner in which the supervisory records are kept; and
(h) the details of the application for a supervisory mandate. ";
2. In Article 2 (b), the words "fixed limit values for quantities' are replaced by the words" fixed limit value for quantities', the words "phenomena and facts' are replaced by the words" phenomenon or reality 'and the words "their time evolution' are replaced by the words" its time development '.
3. In Paragraph 2 (c), the word "quantity 'is replaced by" quantities', the words "phenomena and facts' are replaced by the words" phenomenon or reality 'and the words "signaling stocks' are replaced by the words" signaling state '.
4. In Article 2 (d), the word "construction 'is replaced by the word" construction' and the words "management 'are inserted after the word", documentation for the issue of a common authorisation'.
5. in Article 2 (e), the words "completed buildings" shall be inserted after the word "by amendment."
6. In Article 2 (f), the word "construction 'is replaced by the word" construction', the word "amendment 'is replaced by the words" amendments to the completed construction' and the words "after completion 'are deleted.
7. in Article 2 (i), "Article 61 (5)" is replaced by "Article 61 (7)."
8. Article 3, including the title, shall be deleted.
(9) footnote 3 is replaced by the following:
"3) Paragraph 61 (11) of Act No. 254 / 2001 Coll., on Water and on the amendment of certain laws (Water Act), as amended."
10. in Paragraph 4 (5), the word "carried out" shall be replaced by the word "processing," the word "construction" shall be replaced by the word "construction," and at the end of the text of paragraph 5 the words "or the documentation of the joint facilities plan (11) shall be added and shall include the determination of the degree of safety of the water works in the case of floods and the design and assessment of the parameters of safety and discharge devices according to the related regulations (12), (13)."
footnotes 11, 12 and 13 read:
"11) Act No. 139 / 2002 Coll., on land and land offices and amending Act No. 229 / 1991 Coll., on the treatment of property relations with land and other agricultural property, as amended, as amended.
12) Decree No. 590 / 2002 Coll., on Technical Requirements for Water Works, as amended by Decree No. 367 / 2005 Coll.
13) ČSN 75 29 35 - Assessment of the safety of water works in floods. "
11. in Article 4 (6), the words "completed construction" and "after completion" shall be inserted after the words "also amended";
12. in Article 5 (1) of the introductory part, the word "implementation" shall be inserted after the word "frequency" and the dot shall be replaced by a comma at the end of paragraph 1 and the following point (d) shall be added:
"(d) the technical state of the water works."
13. in Paragraph 5 (2), including footnote 1:
"(2) At the stage of preparation of the construction or modification of the finished construction of the water works, supervision is ensured for the designated water works from Category I to Category III by processing the scope of the supervision measurement according to Section 6. This document shall be processed for a designated Category IV waterwork at the stage of the preparation of the construction or modification of the finished waterwork if the obligation to submit the scope of the surveillance measurement is imposed on the owner or, where applicable, the builder by the relevant water law authority as a condition for the implementation of the surveillance (1).
1) Paragraph 61 (7) of Act No. 254 / 2001 Coll., on Water and on the amendment of certain laws (Water Act), as amended. '
14. in Paragraph 5 (3) of the introductory part of the provision, the word "construction" shall be replaced by the word "construction," the words "completed construction" shall be inserted after the word "changes," and the words "after completion" shall be deleted;
15. in Article 5 (5), the word "construction" shall be replaced by the word "construction," the words "completed construction," the words "after completion" shall be deleted, the words "where phenomena are collected and evaluated and the facts to the extent specified in Annex 2 to this Decree" shall be replaced by the words "monitoring and recording of water levels," and at the end of the paragraph the phrase "In cases of unusual phenomena or facts, measurements shall be carried out of the surveillance values referred to in Annex 2 to this Regulation."
16. in Article 5 (6), the words "rake system" shall be inserted after the word "load," and at the end of the paragraph the sentence "This shall also apply to the recovery of the draught until its complete completion."
17. The heading of Section 6 reads:
"Processing of the scope of supervisory measurement."
18. in Paragraph 6 (1), the words "the measuring project" shall be replaced by the words "the scope of the surveillance measurement," the word "related" shall be inserted after the word "the proposal," and at the end of the paragraph the sentence "it shall be processed by the authorised person (3) at the latest at the stage of the documentation for the construction permit or modification of the finished construction of the water works."
19. in Paragraph 6 (2) of the Introductory Part, the words "Measurement project" shall be replaced by the words "Scope of surveillance measurement" and the following points (a) and (b) shall be inserted:
"(a) a description and analysis of the risks associated with the existence of a water work or a change in the finished construction of a water work in a given environment and operation;
(b) requirements for research and project work in excess of the project documentation already drawn up or the change in the construction of the finished water work, ';
Points (a) to (h) shall be renumbered as points (c) to (j).
20. in Paragraph 6 (2) (c), the word "relevant" and the word "permanent" shall be replaced by the words "construction or"
21. in Article 6 (2) (d), the word "species," shall be replaced by the words "methods of measurement and observation," and the words "methods of measurement," shall be deleted;
22. in Article 6 (2) (g) and Article 10 (1), the words "completed buildings" and the words "after completion" shall be inserted after the words "amendments";
23. in Paragraph 6 (2) (j), the word 'instruments' is replaced by 'equipment';
24. In Article 7, at the end of paragraph 1, the sentence "Serves for the supervision of water works at each stage. 'is added.
25. in Article 7 (2) (a), the words "physical" and "surveillance 2" shall be inserted after the words "authorised persons"; and the words "supervisory 2" shall be replaced by "supervisory 2";
footnote 2:
"2) Paragraph 62 (5) of Act No. 254 / 2001 Coll., on Water and on the amendment of certain laws (Water Act), as amended."
26. in Article 7 (2) (l), the words "discharge and tidal devices on the designated water works" shall be replaced by the words "designated water works, failure to seal or cover its security overflows and discharge devices."
27. in Article 8 (3), the words "shall be deleted and the words" shall be inserted after the words "work."
28. In Article 10 (2), the word "construction 'is replaced by the word" construction', the words "completed construction 'are inserted after the word" completed construction', the words "after completion 'are deleted and the words" continuous operation' are inserted after the word "surveillance reports'.
29. in Article 11 (1), the text "Paragraph 62 (4)" is replaced by "Paragraph 62 (5)."
30. The following Sections 12a and 12b are inserted after Section 12:
Presumption for qualified supervisory performance
(1) The application for a supervisory mandate (hereinafter referred to as "the application") shall include, in addition to the general requirements of the submission, evidence of integrity or evidence of professional and personnel equipment which:
(a) proof of the integrity of the requesting legal person, of all members of the statutory body and of the competent natural person responsible for exercising supervision;
(b) a consensual statement by a competent natural person designating him as the person responsible for the exercise of supervision or the processing of assessments for the classification of water works in Category I to Category IV in terms of supervision;
(c) documents for the exercise of supervision by a competent natural person where the applicant applies for a mandate to supervise Category I and Category II parts.
(2) The application shall also be accompanied by documents proving the material and technical equipment used to carry out supervision.
(3) The application may also be accompanied by other documents proving the certificate of professional qualifications in the field of the safety of water works, in particular the certificate of authorisation, the certificate of expert activity, the introduction of a quality system or the certificate of membership and activities in professional associations.
(4) The competence of a natural person to carry out supervision shall be subject to:
(a) above Category III water parts
1. at least a complete secondary education with a technical training course aimed at water works; and
2. professional experience of at least 8 years in conducting supervision of Category IV waterworks or at least 10 years in designing or operating water works III. or a higher category if the natural person has received the training referred to in point 1; or
3. professional experience of at least 5 years in conducting supervision of Category IV waterworks or at least 8 years in designing or operating water works III. or a higher category where a natural person has obtained higher education in a master's or doctoral study programme in the field of education of construction with a focus on water management and water structures or similar higher education obtained by studying at a university not in the field of education,
(b) for Category I and Category II waterworks and for the processing of assessments for the classification of waterworks as surveillance category
1. higher education in a master's or doctoral study programme in the field of education of construction with a focus on water management and water structures or similar higher education obtained by a university not in the field of education; and
2. professional experience of a duration of at least 10 years in the performance of Category II waterworks supervision and assessment tasks; or
3. professional experience of at least 10 years in conducting Category III water surveillance for the performance of Category II water surveillance mandate.
(5) The documents referred to in paragraph 4 (a) and (b) must demonstrate the continuous performance of the required practice until the application has been lodged.
(6
(a) natural persons who have remained continuously in a foreign State for more than 3 months in the last 3 years, an extract from the criminal record or an equivalent document issued by the competent judicial or administrative authority of that State, or an extract from the criminal record of the criminal record in the Annex thereto;
(b) a natural person who is not a national citizen of the Czech Republic, an extract from the criminal record or an equivalent document issued by the competent judicial or administrative authority of the State of which he is a citizen, or an extract from the criminal record of which the information is included;
(c) legal persons having their registered office outside the territory of the Czech Republic by means of a similar extract from the Register of Penalties issued by the competent judicial or administrative authority of the State in which the person was acting in such a way that he had his registered office or, at least, had his or her business there or had his or her property there, as well as the States in which he or she was continuously active for more than 3 months in the last 3 years before the date on which he or she was proven to be righteous; This applies mutatis mutandis to a legal person based in the Czech Republic who has been operating abroad for a continuous period of 3 months in the last 3 years prior to the date of proof of integrity.
(7) An extract from the criminal record or equivalent document referred to in points (a) to (c) of paragraph 6 shall be presented where that State issues it in that provision.
(8) The extract from the record of the Register of Penalties and other documents proving integrity must not exceed 3 months.
(9) A person who has not been lawfully convicted of a criminal offence committed out of negligence, the nature of which relates to the exercise of supervision, design, operation or conduct of waterworks structures, or to a criminal offence committed intentionally, or to whom he is regarded as not being convicted, shall be deemed to be righteous.
Surveillance records
(1) Surveillance records cover water works classified in category I to IV in terms of supervision. The surveillance record shall contain the information set out in Annex 5 to this Regulation.
(2) Authorised persons who supervise the designated water part shall keep a register of the surveillance in electronic form and to the extent set out in Annex 5 to this Regulation, with the exception of information to be completed by the competent water authority.
(3) The Water Authority for Category IV water works not supervised by the authorised person shall keep a register of surveillance in electronic form and to the extent set out in Annex 5 to this Regulation, except for information which is mandatory only for Category I to III water works.
(4) The water authorities and authorised persons remove any discrepancies found in the surveillance record immediately after they have been established. "
31. In Annex 2, the last sentence is deleted.
32. In Annex 3, point 1 (a), the words "completed buildings' and the words" after completion 'are inserted after the words "amendments'.
33.In Annex 3 (4) (d):
"(d) control of the duties imposed and proposals for corrective measures.";
34. In Annex 3, point 5, at the end of the text in point (a), the words "and previous summary phase reports' shall be added.
35. in Annex 3, point 5 (g), the word "background 10)" is replaced by "supporting documents and related regulation12), 13) ';
36.
"Forms of registration from inspection."
37. In Annex 4, point 3 (b), "organisation 'is replaced by" person'.
38. In Annex 4, point 3 (c), the words "other organisations or persons, where appropriate. 'are deleted.
39. In Annex 4, point (d) is added at the end of point 3:
"(d) where appropriate, other organisations or persons."
40. In Annex 4, point 8, the words "and proposals for corrective measures' shall be added at the end of the text in point (b).
41.In Annex 4 (8), point (c) is deleted.
Point (d) shall be renumbered (c).
42. The following Annex 5 is added:
"Annex No 5 to Decree No 471 / 2001 Coll.
Scope of the data kept and transmitted in the supervisory register
| Identifikační číslo | |
| Název VD | |
| Prvek kritické infrastruktury | |
| Kategorie TBD | |
| Druh VD | |
| Typ vzdouvací konstrukce u VD I. až III. kategorie | |
| Souřadnice VD | |
| Obec | |
| ID Obce | |
| Kraj | |
| Okres | |
| Obec s rozšířenou působností (ORP) | |
| Katastrální území (k.ú.) | |
| Vodoprávní úřad | |
| Vodní tok (název, IDVT) | |
| Číslo hydrologického pořadí (ČHP) | |
| Vlastník | |
| Osoba/y odpovědná/é za TBD | |
| Posudek bezpečnosti VD při povodních | Požadovaná míra bezpečnosti VD |
| Posudek zpracován (kdy, kým) /nezpracován | |
| VD vyhovuje/nevyhovuje | |
| Program TBD pro VD I. až III. kategorie | Datum zpracování |
| Zpracovatel PTBD | |
| *Prohlídka VD podle § 61 a 62 zákona | Datum prohlídky |
| Zpracovatel zápisu z prohlídky (jméno osoby) | |
| Uložené úkoly a návrhy nápravných opatření | |
| Výsledek prohlídky VD | VD je bezpečné (ANO/NE) |
| VD je stabilní (ANO/NE) | |
| VD je provozuschopné (ANO/NE) | |
| *Poslední zpráva o TBD pro VD I. až III. kategorie | Název zprávy |
| Datum zpracování zprávy | |
| Jméno zpracovatele zprávy | |
| *Plán ochrany území pod VD před zvláštními povodněmi pro VD I. až III. kategorie | |
| Datum dokončení stavby vodního díla pro VD I. až III. kategorie | |
| Historie změn údajů | |
* These documents shall be entered in the technical safety surveillance register by the competent water authority. '
Transitional provisions
1. The authorised persons shall transmit to the Ministry of Agriculture the data from the technical security surveillance records maintained pursuant to Section 61 (12) of the Water Act for Category I and Category II by 1 January 2023 at the latest.
2. The authorised persons shall transmit to the Ministry of Agriculture the data from the technical security surveillance records maintained pursuant to Section 61 (12) of the Water Act for Category III water works by 1 January 2024 at the latest.
3. Authorised persons or bodies of water law shall transmit to the Ministry of Agriculture the data from the technical security surveillance records maintained pursuant to § 61 (12) and (13) of the Water Act for Category IV waterworks, which are owned by State enterprises of the Water and Forests of the Czech Republic, a state enterprise, no later than 1 January 2025.
4. The authorised persons or bodies of water law shall transmit to the Ministry of Agriculture the data from the technical security surveillance records carried out pursuant to § 61 (12) and (13) of the Water Act for other Category IV water works by 1 January 2028 at the latest.
Efficacy
This Decree shall take effect on 1 March 2021.
Minister:
Ing. Toman, CSc., v. r.
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Regulation Information
| Citation | Decree No. 86 / 2021 Coll., amending Decree No. 471 / 2001 Coll., on Technical Safety Surveillance of Water Parts, as amended by Decree No. 255 / 2010 Coll. |
|---|---|
| Regulation Type | Order |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 25.02.2021 |
|---|---|
| Effective from | 01.03.2021 |
| Effective until | - |
| Status | Valid |
Legal Areas:
Administrative law
Water, Water management
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