Act No. 88 / 1987 Coll.
State Energy Inspection Act
Valid
Effective from 01.01.1988
88
THE LAW
of 10 November 1987
on State Energy Inspection
The Federal Assembly of the Czechoslovak Socialist Republic decided on this law:
Preliminary provisions
(1) The management of an efficient energy economy is a leading task of the socialist state and a precondition for the intensive development of the national economy. All organisations and bodies must reduce energy performance in their activities and make continuous use of the knowledge of science and technology for the rationalisation of the energy economy.
(2) For the purposes of this Act, an energy economy means the acquisition, processing, modification, conversion, transport, storage and consumption of all types of fuels and energy.
Tasks of the State Energy Inspection, Status and Organisation of its Bodies
(1) The State Energy Inspection is a specialised control of fuel and energy management in the energy economy. The task of the State Energy Inspection is to detect deficiencies and their causes, to promote continued correction and compliance with the principles of the State Fuel Energy Policy.
(2) The State Energy Inspection Authorities are the State Energy Inspection for the Czech Socialist Republic and the State Energy Inspection for the Slovak Socialist Republic. The State Energy Inspection for the Czech Socialist Republic and the State Energy Inspection for the Slovak Socialist Republic are bodies of state administration subordinate to the Minister of Fuel and Energy of the Czechoslovak Socialist Republic.
(3) The Head of the State Energy Inspection for the Czech Socialist Republic and State Energy Inspection for the Slovak Socialist Republic are the main inspectors appointed and withdrawn by the Minister of Fuel and Energy of the Czechoslovak Socialist Republic.
(4) The State Energy Inspection for the Czech Socialist Republic and the State Energy Inspection for the Slovak Socialist Republic have their branches in each region, the headquarters of which are determined by the main inspectors. The main inspectors may set up a branch with competence for several regions. The regional offices are headed by regional inspectors, which are established, managed and withdrawn by the competent chief inspector.
(5) The control tasks of the State Energy Inspection Authorities are carried out by chief inspectors, regional inspectors and inspectors ("inspectors"). Regional inspectors and inspectors are staff of the State Energy Inspection for the Czech Socialist Republic and State Energy Inspection for the Slovak Socialist Republic, mandated by the main inspectors.
(1) The national energy inspection authorities shall, in particular, check the organisations:
(a) the use of all types of fuels and energy;
(b) the provision of rationalisation programmes and the application of science and technology knowledge to save fuel and energy consumption;
(c) the use of operational facilities and systems for the management and measurement of fuel and energy consumption, reduction and elimination of energy losses;
(d) production and compliance with fuel and energy consumption standards;
(e) the efficiency of the production, distribution, transport and consumption of fuels and energy;
(f) compliance with regulatory measures in fuel and energy consumption;
(g) the state of storage and treatment of solid fuels in landfills, liquid fuels and heating gases in tanks.
(2) The national energy inspection authorities shall carry out their tasks on a planned basis, in cooperation with the competent authorities or central bodies of the audited organisations. In carrying out the check, they shall cooperate with the inspection services of the audited organisations and, where appropriate, with the external control authorities and shall take advantage of the initiatives of the workers and their social organisations.
(1) The bodies of the State Energy Inspection shall be expressed:
(a) the cost-effective use of fuels and energy and the design of an energy solution in project documents1) of selected buildings;
(b) the planning documentation or the planning documentation including the development of fuel and energy supply systems. (2)
(2) The national energy inspection authorities shall cooperate:
(a) when creating technical norem3) affecting the energy economy;
(b) assessing the development, production and import of energy-intensive products and appliances;
(c) in developing and improving tools to guide the rational consumption and use of fuels and energy.
(1) On the basis of the generalisation of control knowledge and in order to prevent deficiencies in the energy economy, the national energy inspection authorities
(a) provide professional assistance and consultation to bodies, organisations and citizens;
(b) disseminate scientific, technological and economic information;
(c) provide specialised non-school staff training.
(2) Professional assistance to the institutions, organisations and citizens is provided for remuneration and consultation is provided free of charge.
Experts
(1) In the implementation of this law, the chief inspectors are entitled to recruit experts from other bodies and organisations to participate in the inspection, where justified by the specific nature of the activity checked and require their release for a maximum period of 10 working days a year. The participation of these workers shall be considered as an activity of general interest.
(2) The conditions for the participation of the expert shall be discussed in advance by the chief inspector with the competent authority or organisation. If the expert agrees to participate in the inspection and if this does not prejudice the performance of the essential tasks of the institution or organisation, the authority or organisation shall release the expert. The discharge authority or organisation shall provide the professional with compensation for the salary of the average wage, which shall not be reduced in its rights arising from its employment or similar relationship.
(3) Experts recruited for inspection shall have the rights and obligations under this Act, within the scope of the mandate given to them by the Chief Inspector. This delegation shall be demonstrated in the performance of its tasks.
Rights and obligations of inspectors
(1) Inspectors in the audited organisations and, depending on the nature of the case, with their superior bodies shall establish:
(a) decisive facts affecting the energy economy;
(b) the underlying causes of the deficiencies, their harmful consequences and the persons responsible for their existence or duration, imposing measures to remedy the deficiencies permanently, where appropriate proposing their imposition and checking their implementation.
(2) Where deficiencies are identified, the inspector shall draw up a protocol to discuss with the head of the audited organisation or its superior body.
(3) In carrying out the tasks under this Act, inspectors shall demonstrate the State Energy Inspection for the Czech Socialist Republic or State Energy Inspection for the Slovak Socialist Republic.
(1) The inspector shall be authorised to inspect:
(a) to require a controlled organisation to remedy the deficiencies identified or to develop measures with a time-frame for the removal of the causes of the deficiencies identified within the time limit set;
(b) require the relevant staff of the audited organisations and their superior authorities to require the necessary documents, data and information;
(c) enter premises of controlled organisations and their superior bodies.
(2) Where an inspector finds that there is a significant seriousness in checking, or that the removal of which is not within the scope or scope of the organisation checked, he shall, depending on the nature of the case, discuss with the competent supervisor or central authority a request for the removal of the inspector or regional inspector.
(3) Where a check has been made on the inefficiency of fuel and energy consumption of such an extent that it is not proportionate to the result achieved by operation or production and cannot be remedied by other measures, the competent chief inspector shall propose to the superior or central authority of the controlled organisation the cessation of operation of the installation, production or import.
(4) When carrying out the inspection activity, inspectors shall proceed in accordance with the general rules and principles governing the control activity, (5) unless otherwise provided for by this law.
(5) If the inspector finds, when checking the facts on the basis of which measures should be taken which are within the competence of other authorities, he shall notify those authorities.
Obligations of the institutions and organisations
(1) The institutions and organisations and their staff are required to cooperate with inspectors and experts and to enable them to carry out the tasks of carrying out the inspection activity, in particular to provide them with supporting documents, data and other information, even if it is a matter of economic and professional secrecy. Where the subject matter of state secrecy is concerned, the inspector and the expert shall be shown by special delegation. 6)
(2) Controlled organisations and their personnel are required to create conditions enabling inspectors and experts to fully identify and evaluate all the facts relating to the energy economy, in particular to allow immediate access to all areas and to all installations affecting fuel and energy management.
(3) The management of the audited organisations shall cooperate in identifying the causes of deficiencies with inspectors and experts, taking an opinion on the deficiencies identified and their causes and taking the necessary measures to eliminate them without undue delay.
(4) The heads of the audited organisations shall, within a specified period, report in writing to the relevant Regional Inspector or Chief Inspector on the measures taken to address the deficiencies identified and their causes.
(5) The competent authority or the central authority of the audited organisation shall, within 30 days of the request for the removal of the deficiencies referred to in Article 8 (2) or after the submission of the application referred to in Article 8 (3), communicate to the competent chief inspector or regional inspector what measures have been taken.
Fines
(1) The Chief Inspector or Regional Inspector may impose fines on controlled organisations of up to 200 000 Kns for deficiencies in the energy economy where their existence or duration have been caused by:
(a) waste or degradation of fuels and energy;
(b) unjustified failure to comply with fuel and energy consumption standards;
(c) failure to comply with declared regulatory measures in fuel and energy consumption;
(d) unjustifiable failure to comply with operational directs7)
(e) by late or inconsistent removal of the deficiencies identified and their causes.
(2) The chief inspector or regional inspector may impose a fine on a controlled organisation of up to CZK 400 000 if he finds that the same deficiencies in fuel and energy management have already been imposed and three years have not elapsed since the imposition of the fine.
(3) The Chief Inspector or Regional Inspector may impose a fine on a staff member of a controlled organisation of up to 10 000 Kčs if he has caused deficiencies in the energy economy in the cases referred to in paragraph 1, in the absence of a criminal offence or offence.
(4) The Chief Inspector or Regional Inspector may impose an order-by-order fine on the responsible staff of the institutions and organisations up to 500 Kns for failure to fulfil the obligations referred to in § 9.
(5) In imposing fines, account shall be taken of the extent and duration of the deficiencies, their importance and seriousness in relation to the overall fuel energy situation and, for workers, the extent of their fault. The fine shall be imposed in such a way that the amount of the fine is effective to remedy the deficiencies.
(6) The fine or order fee may not be imposed on persons subject to military disciplinary powers under specific provisions. 8)
Time limits for imposing fines
(1) The fines provided for in Article 10 (1), (2) and (3) may be imposed within one year of the date of the finding of the infringement, but not later than three years after the date on which the infringement occurred.
(2) Order fines provided for in Article 10 (4) may be imposed within one year of the date on which the infringement occurred.
Proceeds from fines
Fines and order fines are the income of the Federation State Budget. Their administration is carried out by the State Energy Inspection for the Czech Socialist Republic and the State Energy Inspection for the Slovak Socialist Republic.
Provisions common and final
(1) Inspectors and experts are required to keep the national, economic and professional secrets they learn in the course of their activities. This obligation of confidentiality shall continue after the expiry of the authorisation to carry out the inspection. The Minister of Fuel and Energy of the Czechoslovak Socialist Republic decides on a proposal from the Chief Inspector.
(2) In the premises and facilities under the responsibility of the Federal Ministry of National Defence, the Federal Ministry of Interior, the Ministry of Interior of the Czech Socialist Republic and the Ministry of Interior of the Slovak Socialist Republic, designated by the relevant Ministers, the Ministry of Energy shall carry out the tasks of the State Inspection.
The general rules on administrative management9), with the exception of the proceedings on the imposition of fines and order fines, are not applicable to proceedings under this Act, with the fact that the appeal against their imposition by the Regional Inspector is decided by the Minister of Fuel and Energy of the Czechoslovak Socialist Republic.
Authorisation provisions
(1) The Federal Ministry of Fuel and Energy will issue a general binding legislation, which will further lay down the tasks of the State Energy Inspection Authorities and the conditions for the creation of the assets of professionals and their participation in controls.
(2) The Federal Ministry of Fuel and Energy will issue, in agreement with the Federal Ministry of Communications, the Ministry of Justice of the Czech Socialist Republic and the Ministry of Justice of the Slovak Socialist Republic, a generally binding legislation which will further regulate the implementation of controls on premises and facilities within their jurisdiction.
Repeal
_
1. Act No. 64 / 1962 Coll., extending the scope of the State Energy Inspection;
2. § 59 of Act No. 133 / 1970 Coll., on the jurisdiction of federal ministries;
3. Decree of the Ministry of Fuel and Energy No 314 / 1952 Ú. l. (No 366 / 1952 Ú. v.) on the control of the management of solid coal fuels.
Efficacy
This Law shall take effect on 1 January 1988.
Husák v. r.
Indra v. r.
Strougal v. r.
1) Decree of the State Commission for Scientific, Technical and Investment Development No. 5 / 1987 Coll., on documentation of buildings.
2) Act No. 50 / 1976 Coll., on Territorial Planning and Construction Regulations (Construction Act). Decree of the Federal Ministry of Technical and Investment Development No. 84 / 1976 Coll., on Territorial Planning Documentation and Territorial Planning Documentation. Decree of the State Planning Commission No. 104 / 1985 Coll., on Fuel and Energy Base.
3) Order of the Office for Standardisation and Measurement No. 97 / 1964 Coll., implementing Act No. 96 / 1964 Coll., on Technical Standardisation.
4) Paragraph 124 (1) of the Labour Code.
5) Decree No 75 / 1959 of the Minister of State Control, Ú. l. (Ú. v.), which issues guidelines for control activities. Principles of control in the national economy and in the administration declared under No 66 / 1982 Coll.
6) Act No. 102 / 1971 Coll., on the Protection of State Secrets.
7) Act No. 79 / 1957 Coll., on the production, distribution and consumption of electricity (Electricity Act). Act No. 67 / 1960 Coll., on the production, distribution and use of heating gases (Gas Act).
8) Act No. 76 / 1959 Coll., on certain service conditions of soldiers, as amended (full text published under No. 122 / 1978 Coll.). Act No. 100 / 1970 Coll., on the service relationship of members of the National Security Corps, as amended by Act No. 63 / 1983 Coll.
9) Act No. 71 / 1967 Coll., on Administrative Procedure (Administrative Regulations).
Sign in for notes, favorites and notifications
Regulation Information
| Citation | Act No. 88 / 1987 Coll., on State Energy Inspection |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 17.11.1987 |
|---|---|
| Effective from | 01.01.1988 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
Comments 0