156/2000 Sb.
LAW
of 18 July 2003. May 2000
on verification of firearms and ammunition
Change: 119/2002 Sb.
Change: 227/2003 Coll.
Change: 444/2005 Sb.
Change: 36/2008 Sb.
Change: 148/2010 Sb.
Change: 155/2010 Sb.
Change: 281/2009 Sb.
Modified: 18/2012 Sb.
Change: 217/2013 Sb.
Change: 170/2013 Sb.
Change: 64/2014 Sb.
Change: 250/2014 Sb.
Change: 206/2015 Sb.
Parliament has passed the following Act of the Czech Republic:
PART THE FIRST
VERIFICATION OF FIREARMS AND AMMUNITION
TITLE I OF THE
BASIC PROVISIONS
§ 1
The subject of the edit
This Act regulates the
and) the rights and obligations of producers, importers, exporters, distributors and opravců
firearms, weapons and ammunition (hereinafter referred to as "controlled
persons "), as well as the badge holders weapons in their verification,
(b) in the exercise of State Administration) verification of firearms, weapons and accessories
ammunition, quality assurance tasks arising from international agreements, which is
Czech Republic bound ^ 4) and control activities associated with it.
§ 2
The basic concepts
(1) for the purposes of this Act, means the
controlled products prescribed) firearms, ammunition laid down
and set accessories,
(b)) provided for firearm firearm or part ^ 4b), which
subject to verification,
(c) ammunition, or ammunition) laid down his part ^ 4 c), which are subject to
authentication,
(d)) laid down in addition to add-on weapons ^ 26), which is subject to verification,
e) authentication activity, in which the technical testing, measuring and
a test to detect the properties of the products checked by the shooting, compliance with
technical requirements for them set out (section 4) and labelling
product test marks (section 19)
(f)) by the manufacturer the one who proposes or producing controlled products or
their main parts, or who gave such a product design and manufacture,
in order to bring it to market under the name of their business name, name
name and last name, trade mark or other distinctive mark;
for the manufacturer of the products checked and is considered to be the one who on the main
parts provided for firearms or other controlled product
performs the essential technical design change
(g)) the importer of the products checked the one who places on the market in the Czech
Republic controlled products from abroad, including
the Member States of the European Union, or the manufacturer, who shall represent the
not on the territory of the Czech Republic,
h) distributor of one who, in the course of its business
controlled products sold, the sale provides, or is
it comes on the market in another way or provides users,
I) exporter to the one who controlled products are exported from the Czech Republic,
(j)) opravcem the one who established the firearms or laid down
Add-ins in particular eliminates the deficiencies, changing their properties according to
orders or performs their maintenance, adjustment, Assembly or adjustment,
the placing on the market) each in return for payment or a transfer or offer
to pass the controlled product for the purpose of distribution or use,
or transfer of ownership to a controlled product by the manufacturer,
importer, distributor or opravcem in the Czech Republic.
(2) test means a mark, which certifies that the controlled
the product has been verified in accordance with this Act or with the international
the Treaty, which the Czech Republic is bound by the ^ 4), and meets the specified
technical requirements and
and the single test mark) means a test mark according to
the international treaty, which the Czech Republic is bound by the ^ 4),
(b)) the national test means a test mark, which certifies
compliance with national technical requirements.
(3) other brand means a tag, which is placed on the controlled
the product, however, neosvědčuje that the controlled product has been verified in the
accordance with this Act or with the international treaty, which is the Czech
Republic ^ 4), nor that it meets the technical requirements laid down;
the other brand is particularly
and control brand) is a brand of certifying that the controlled
the product is marked with the identification data in the specified range,
(b) the identification mark) service, which is the identifying mark referred to in
the international treaty, which indicates the foreign service, which
Verify the controlled product,
(c) the identification mark) Office, which is an identification tag that
certifies that the controlled product has been verified by the Czech
arms and ammunition (hereinafter referred to as "the authority").
(4) the identifier: means an indication or symbol that is not
test, inspection or identification mark, or
two digits or symbol indicating year of execution of the test.
§ 2a
Guns, ammo and accessories of weapons subject to verification
(1) firearms are
and small arms), which are
1. shotgun weapon
2. ball weapons,
3. weapons equipped with spherical and brokovými gun,
4. guns with reduced kinetic energy,
5. for single use
6. historic weapons, replicas and imitations of historical weapons, which
are eligible for firing,
7. the ballistic meter designed to detect ballistic values, in particular
pressure, variance, or the speed of the projectile,
8. signal weapons
9. DART guns,
10. the expansion of the appliance, which is the primary source of energy explosive
the substance, which can be particularly apparatus for slaughter or metné,
11. expansion weapons which are acoustic weapons, and weapons::
the granules,
(b)) gas guns, which are
1. air rifle,
2. wind-jackets,
3. guns on carbon dioxide or some other gas or air cartridge,
4. the paintball guns,
5. metné weapons
6. DART guns,
7. the expansion of the appliance, which is the primary source of energy, gas,
(c)) part of the set of firearms, which are the main part of the
weapons, as well as the bottom screws firearms nabíjených the mouth of the barrel.
(2) the Prescribed addition is suppressor for a weapon that uses the
ammo is the Central passion.
(3) Fixed ammunition is
and industrially produced) or industrially-action shotguns ammunition for small arms
weapons,
b) ammunition for the expansion unit, which are
1. industrially produced work charge,
2. powder tablets,
c) ammunition for weapons that are in the expansion
1. industrially produced acoustic charge,
2. manufactured gas charge,
3. manufactured with little charge,
d) industrially produced missiles for the gas guns,
e) industrially produced part of the ammunition required to build the hub or
^ 4 c charge), if they are placed on the market separately,
f) industrial produced a primer designed for the filling of small arms, which
It is not part of the ammunition under (e)), if it is placed on the market separately.
(4) are not subject to Verification of the expansion unit, whose placing on the market
by special legislation ^ 25).
§ 3
This law shall not apply to
and) firearms and ammunition for the purpose of research, development
and testing, if the Office confirms this determination,
(b) mechanical weapons, firearms)
(c)) of the controlled products that are acquired and held in the
service with the armed forces of the Czech Republic, ^ 5b) of the armed
security forces, the intelligence services of the Czech Republic, or
the armed forces or the forces of other States during their stay on the territory of the
The Czech Republic, crossing the State borders of the Czech Republic and
transit through the territory of the Czech Republic or crossing over the territory of the Czech
Republic according to special legal regulation ^ 5 c) or pursuant to the international
the Treaty, which the Czech Republic is bound,
d) controlled products produced or imported for the purposes of the Office for
to ensure its activities set out in section 17,
e) cartridges for firearms for their own need to painstakingly
a person authorized to do so under special legislation, if
constructed from parts of ammunition that meet the provisions of this Act,
f) firearms held by the Museum or collector's item or
activities, ^ 5 d) which are not intended or used to shooting and were
the following purposes or activities registered by the competent Police Department.
§ 4
Technical and safety requirements for controlled products
(1) the technical and safety requirements for controlled products (hereinafter
"laid down the technical requirements") shall be deemed to be met if the
These products when placed on the market and for their distribution and use
comply with the requirements provided for by specific legislation, or if the
such specific legal provisions exist, comply with the requirements laid down
Czech technical standards. These products must be able to perform
the function for which they are intended, and must not be subject to the conditions specified
the manufacturer or importer to endanger the health, life or property of their
users or the natural environment (hereinafter referred to as "safety").
(2) fulfilling the technical requirements for controlled products
After authentication is expressed in their marking test
(section 19 (1)).
Section 4a
cancelled
TITLE II
VERIFICATION OF THE CONTROLLED PRODUCTS
The verification provided for firearms
§ 5
(1) the verification provided for firearms is carried out in the form of
and approval)
(b)), or by
(c) repeating the authentication piece).
(2) the verification referred to in paragraph 1 (b). and (c))) shall not be imported
set firearms before their placing on the market, if they are
marked on the basis of international agreements, which is the Czech Republic
^ 4).
§ 6
(1) Approval is a procedure laid down by the firearms, which after
Verify two pieces of each type provided firearms issues
the certificate of homologation, which demonstrates that
and set type firearms) meets the technical requirements laid down,
(b)) and the accompanying technical documentation is complete [section 18, paragraph 3 (a))] and
(c)) has controlled a person calibrated gauges and instruments and
has ensured system of technical control in the range, which provides
by a decree of the Ministry of industry and trade (hereinafter referred to as "the Ministry").
In the event that any of the above conditions is not satisfied, the Office shall reject the
issue the certificate of homologation provided for firearms.
(2) subject to the homologation of the firearms
and) small arms intended for shooting cartridge type flobert with nábojovou
Chamber diameter to 5 mm and length to 15 mm or those that
have a nábojovou Chamber diameter and a length of up to 6 mm, with
zápalková put the hub is the only driver filling granting energy shot
on the muzzle to 7.5 J including,
(b)) of the expansion arms and the expansion device designed for ammunition with Rimfire
ardour in caliber 6 mm with the length of the cartridge case and including up to 7 mm,
c) gas weapons, in which the kinetic energy of the projectile is at the mouth of the barrel
the 10 (J), inclusive.
(3) subject to the homologation provided firearms referred to in paragraph
2, where the same manufacturer or importer to market the most five pieces of weapons
in one year; in this case, it is necessary to verify whether, individually, each
firearm meets the requirements laid down in paragraph 1 (b). and) and
(b)). The following certified set of firearms shall be marked in the same way
as weapons on a one-off basis is verified.
(4) the validity of the certificate of homologation shall lapse, unless stated
otherwise, the date referred to in the certificate, and the expiry of two years from the
the date of its issue. No later than three months before the expiry of its period of validity
the manufacturer or importer may apply for an extension of the validity of the certificate
for a period not exceeding two years. To this end, requests the individual validation
five pieces of each type approved firearms to determine whether
These types correspond to established technical requirements. Set
firearms presented to an individual for the purpose of authentication
extension of validity of the certificate of homologation Office marks the same
way as weapons on a one-off basis is verified.
section 7 of the
The unit verification procedure is provided for firearms, in which
validates and illustrated by marking each provided firearms to the relevant
test that the firearm meets prescribed technical
the requirements. The unit authentication is performed for all laid down guns
weapons in addition to the weapons approved. Details on the progress of the Office in the
items provided for verification of firearms provides the Ministry of
by Decree.
§ 8
The repeated unit verification is the procedure provided firearms
the same as the lumpy authentication shall be carried out in cases where provided for
the firearm does not comply with the technical requirements laid down in items
authentication and is returned to the manufacturers or importers of the identification
Mark Office (§ 19). After fulfilling the technical requirements of the
provided for the firearm test marks. Details of the procedure
Office of authentication when you set items of firearms
the Ministry shall set by Decree.
§ 8a
The verification provided for accessories
(1) the verification shall be carried out in the form of supplements provided by authentication.
(2) Verification is not performed on the imported set for before his
placing on the market, if it is marked with a valid test mark on the basis of the
the international treaty, which the Czech Republic is bound by the ^ 4).
(3) Unit verification is the procedure provided for in that
validates and illustrated by marking each laid down for the
the test mark of the Supplement meets the specified technical
the requirements.
(4) the procedure for the items specified for authentication provides
Ministry decree.
Verification of fixed ammunition
§ 9
(1) verification of fixed ammunition shall be carried out in the form of
and) type checking, or
(b)), the inspection of control.
(2) Verification is not performed on the imported fixed ammunition prior to its
placing on the market, if it is marked valid test marks on
under the international treaty, which the Czech Republic is bound. "^ 4)
§ 10
(1) Type checking of fixed ammunition is a procedure in which a
validates and illustrated by issuing a certificate of type-checking of ammunition that
and the type of ammunition) meets all the technical requirements,
(b)) technical and accompanying documentation is complete and
(c) the person has checked the assumptions) to carry out production checks in
the range specified by Decree of the Ministry.
In the event that any of the above conditions is not satisfied, the Office shall reject the
issue a certificate of type-checking provided for ammunition.
(2) the validity of the certificate of type-checking of ammunition shall lapse if it is not
unless provided otherwise below, the date referred to in the certificate, and
the expiration of 3 years from the date of issue, if this has been requested before the expiry of the
certificate, the manufacturer or importer to carry out inspection checks
fixed ammunition.
§ 11
Inspection check provided for ammunition is a procedure in which a
verifies whether the specified technical requirements are met, according to which the
the certificate was issued for type checking of ammunition. If, during this
validation detects deviations from the defined technical requirements,
certificate in administrative proceedings shall be withdrawn. If they are provided for technical
requirements are fulfilled, the validity of a certificate shall be extended for a maximum of 3
years.
section 11a
Check the indication of the products checked identification data
(1) Check the indication of the products checked identification data
(hereinafter referred to as the "check mark identification data") is
which the Office indicating the inspection tag showing that controlled
the products are marked with identification data in a specified range.
(2) the procedure for the control of marking identification data provides
Ministry decree.
(3) Check mark identification information is not authenticated within the meaning of
of this title.
Authentication of pyrotechnic articles
§ 12
cancelled
section 13
cancelled
§ 14
cancelled
§ 14a
cancelled
§ 15
Remuneration for authentication
(1) the Act associated with the verification of the controlled product (in particular, the issue of
certificate, the designation of a product test) or action associated with
the control of labelling identification data shall be subject to the administrative fee
in accordance with the specific legislation. ^ 18)
(2) For technical activities related to the testing of controlled products
and the testing of balisticky resistant materials and structures is provided
remuneration. The amount of remuneration to be determined by Decree of the Ministry.
section 16 of the
The obligations of the controlled persons and holders of weapons
(1) the manufacturer, the importer and the exporter is obliged to
and) placed on the market only if the controlled products are validated and
accompanied by a valid test,
(b) export controlled products) only if they are accompanied by a valid
the test or inspection tag
(c)) after the release of the certificate of homologation mark at least one of the major
parts of firearms test specified in the certificate; If it
It is not possible, the Office shall provide other suitable means of identification,
(d)) after the release of the certificate of type-checking of ammunition to mark the outer
side of the smallest consumer packaging provided for ammunition or its
industrially manufactured parts, if it is placed on the market separately, trial
the mark referred to in the certificate and to ensure to the extent specified
Decree of the Ministry of production control to determine whether they are in production
compliance with the established technical requirements, and keep records,
(e) keep on the main parts of) weapons that are made of metal, soft place
for the excavation, the relevant test marks; If this is not possible, the Office
provides a convenient means of identification,
f) within 30 days, inform the authority in writing of any changes in production
controlled products, where such changes may affect the properties of the
one of these products.
(2) the manufacturer is also required to
and controlled products) his business name or the name
in the case of a legal person, or first and last name, in the case of physical
the person, or the trade mark, and other information, if so provided by the
Decree of the Ministry or a separate legal regulation, ^ 18a)
(b) to enable the Office's employees) entry to the premises and to provide
them with the assistance necessary, including the use of test equipment,
the provision of ammunition, testing and administrative spaces, if
authentication is carried out at its request in its premises. ^ 18b)
(3) the Distributor may place on the market only products marked with controlled
a valid test.
(4) the service provider, which was released under the arms licence of the Special
legislation, ^ 18 c) is required to
and to make corrections and adjustments) of firearms, or set of add-ins
so, in order to meet a specified technical requirements, and is obliged to the Office
submit in written form how to repair or adjustment of the firearm,
unless provided otherwise below,
(b)) to submit to the verification of corrected firearm which has been made
the exchange of some of the major parts.
(5) the person who is registered in the certificate provided for firearms, is obliged to
use or may leave to use only such fixed
firearm, such or such a fixed set add-on
the ammunition, which are marked with a valid test.
section 16a
cancelled
the title launched
section 16b
cancelled
TITLE IV
STATE ADMINISTRATION IN THE FIELD OF CONTROLLED PRODUCTS
§ 17
The Administrative Office of the
(1) there is hereby established the Czech Office for the testing of weapons and ammunition as the administrative
Office with statewide jurisdiction based in Prague, which is a child of the
the Ministry.
(2) the President of the Office; his selection, appointment and removal shall be governed by
the law on the civil service.
(3)
and) performs the authentication of the products checked and performs a check mark
identification data,
(b)) issues certificates in accordance with this law, shall decide on the withdrawal of or
refusal to issue the certificate,
(c) the labelling of the products checked) ensures the test and other
marks under this Act,
(d)) performs other professional activities related to the testing of
of the products checked and tested and balisticky resistant materials
the structure and issues about the findings,
(e)) decides on the inclusion of the weapons, for weapons or ammunition in the
categories of weapons and to D ^ 19b), will receive a specified firearm,
set the add-in or provided ammunition to validate, or on request,
(f)) decisions pursuant to section 19a, paragraph. 5 and performs other activities
provided for by specific legislation of ^ 19 c),
g) cooperates with the administrative offices and bodies of territorial self-government in the area
delegated jurisdiction, as well as with other public authorities and institutions,
whose cooperation is necessary for the operation of the Office. If the Office finds in
its activities on the basis it is necessary to take measures,
which are within the competence of other authorities, shall notify such fact to these
authorities,
h) in the case of cross-border cooperation carried out surveillance and follows
According to the regulation of the European communities) in the range 19 d ^ ^ g/l
the scope of the specific legislation, which is reflected in Directive
referred to in point 16 of the annex to this regulation,
I) give its opinion on the application of the concession provided for in other legal
^ 19) for regulation "development, production, repair, modification, transmission,
purchase, sale, lending, retention, and destruction and degradation
ammunition "in the scope of business" development, production, and degradation
the destruction of ammunition ". In giving its opinion, the authority shall consider whether the applicant for
the concession for the operation of the activity of their own or has provided
access to approved facilities and equipment needed for the exercise of
This activity, and own or have secured access to objects, which
for the operation of the activities authorised under the Special
the law ^ 19i). For applicants for the concession is the authority competent to verify the status of the
amenities in the scope of this provision; When this authentication
section 20 (2) shall apply mutatis mutandis. 3 (b). and (d)),)
(j)) in the field of State administration according to the pyrotechnic articles
the law governing the area of pyrotechnics.
(4) the Office shall also
and) information obligations resulting from international agreements, which
the Czech Republic tied ^ 4),
(b)) before authentication each provided firearms or provided for
for which they are submitted for verification after repair or modification,
assessing the technological process of repair or adjustment,
(c) cooperate in the area of controlled) products and balisticky resistant
materials and structures with similar foreign offices and laboratories,
d) organizes, coordinates and carries out scientific activities, research and development,
related professional activities,
(e) in the case of the products checked) ensures the interlaboratory testing
reference materials,
(f)) provides the technical information and carries out training,
(g)) involved in the certification of quality management systems,
h) stores and compares the reference ammunition and reference
piezoelectric sensors in the framework of the fulfilment of obligations arising from the
the international treaty, which the Czech Republic is bound, ^ 4)
I) participates in the formation of the Czech technical standards and technical regulations
in the area of controlled products and balisticky resistant materials and
structures,
j) selects the administrative fees and remuneration (section 15) and
to the Journal Office) for the technical standardization, metrology
categorized International decision of the Permanent Commission for the test
small arms ^ 4).
(5) the Office shall keep a register of controlled products used in the
the implementation of authentication and to specialized services.
(6) When carrying out the tasks of State administration under this Act, or the Special
the Office is authorised to act for the exercise of its competence to enter
the Central arms register, in which shall be kept data on weapons
and ammunition, and to make the records.
(7) the staff of the Office, who shall carry out the verification, professional or
control activities under this Act, are required to maintain
confidential all facts, which learned in connection with the
the implementation of the verification of the controlled product or to the implementation of the technical
or control the activities under this Act, even if it ceased to be
the staff of the Office, for a period of five years, unless specific legal
the regulations provide otherwise, with the exception of the information which must be
published in the interest of the protection of the safety and in the interest of ensuring effective
control of the market and the activities of the Office as a supervisory authority.
section 18
The presentation of the products checked Office
(1) every person who submits to the Office of controlled products (for authentication
"submitter") is required at the written request of the authentication noted next to the
the formalities laid down in the administrative regulations of the
and the type of product, including derivative) variant with the data
1. the type, make, model and caliber for firearms and provided for
the add-on
2. the type, brand and caliber ammunition for the set,
(b) in the case of imports) the name and address of the manufacturer,
(c) the nature of the activity), pursuant to section 6 (1). 1, § 7, 8, 10, or 11.
(2) the petitioner shall attach to the request provided for the firearms, set
Accessories provided for ammunition, including consumer packaging, marked
identification information, which sets out the scope and details of
Ministry decree. The number of pieces of ammunition in the sample submitted to the
authentication establishes the Ministry decree.
(3) the application shall be accompanied by also
and) technical and accompanying documentation to the extent provided for by Decree
the Ministry,
(b) documents that confirm) the accuracy of the data contained in the application.
(4) for damage or destruction of a firearm or provided for,
which authority took over, the Office for verification. The Office has responsibility
release, if it is proved that the damage on the weapon or set out for
occurred in connection with the defect, you should set gun or add-in
the time of submission. In compensation, according to the civil
code. Samples of the ammunition is non-refundable.
(5) the manufacturer or importer is obliged to request the Office to provide additional
samples of controlled products, if they are needed for authentication.
§ 19
Labelling
(1) a controlled products that meet specified technical requirements and
have been verified by the authority, shall indicate the uniform test marks and
identification mark Office, or national test marks.
(2) firearms and set the Office marks the further add-ons
two digits of the year of the test or symbol, if they are not on the set
firearms, for which he was awarded the certificate of homologation.
(3) the Ministry of the Decree provides for the design, implementation and
the location of the marks provided for in paragraphs 1 and 2.
(4) for a fixed or specified firearm add-on that
does not meet the technical requirements laid down in items, take your authentication
the Office of the identification tag of the Office. The specified firearm or
set the add-in that does not meet the technical requirements laid down in
repeated authentication, Office items out over the previously marked tag
referred to in paragraphs 1 and 2 of the letter "X". Separate identification
mark or identification mark and the letter "X" the petitioner
is not permitted to use the marks laid down and placing firearms
weapons or provided for on the market.
(5) at the request of the petitioner, who submitted to the validation set
firearm or laid down, this weapon will supplement or provided for
Office add-in order to avoid disruption of their historical
or other values. The Office shall make the designation in a suitable place due to the type of
set firearms or provided for.
(6) the Controlled products that are marked with identification data in the
extent, the Office of the control tag. Graphic design,
design and location of the control markers shall set by Decree of the Ministry.
Control mark is not a test, and the petitioner shall not entitle to
indication of the thus marked the controlled product on the market.
§ 19a
The trial of the brand
(1) the test mark is considered valid if it is indicated in the
accordance with the terms of the labelling in accordance with this Act.
(2) the test For a valid tag is treated as well as the test mark
is marked in accordance with the international treaty, which is the Czech
Republic is bound.
(3) the Ministry shall publish the Decree graphics test marks
the Contracting States of the international treaty, which the Czech Republic is bound,
and which are recognized as valid. The Ministry also will publish a decree
graphic design services identification marks of the Contracting States
the international treaty, which the Czech Republic is bound, and, where appropriate,
other brands if their showing makes such international
the validity of the marks provided for in the Treaty of the first sentence.
(4) if the mark is not indicated, the test in accordance with the conditions
under this Act, the validity of its designation under
law or international treaty, effective at the time of its
the designation.
(5) in doubt decides on the validity of the test of the brand Office.
The Office's decision on the validity of disidentified test marks will publish
the Office in a manner enabling remote access. ".
section 20
Check
(1) the control of compliance with the obligations laid down in this act performed
the authority and its authorized inspectors of the Office. Inspectors the authority to demonstrate
business model, which provides for the Ministry by Decree.
Inspection shall be carried out without prior notice.
(2) the reimbursement of the costs of the assessment of the compliance of the products with the requirements of the removed
the law, the Office may save only if an assessment found that the
the product does not meet the requirements of this Act.
section 20a
(1) If the Office of the Inspector has reasonable grounds to suspect that a controlled product
does not meet the requirements of this Act, prohibits the placing on the market or
the supply of the time required to perform the checks.
(2) the Inspector of the authority on the basis of the checks carried out to handle disables
axle of the placing on the market or deliver a controlled products that
do not meet the requirements of the Act or special legislation ^ 20a). This
the measures shall notify the controlled person orally and then about him will make a written
record to the log control ^ 20b).
(3) If the Office of the Inspector has reasonable grounds to suspect, that the controlled products
do not meet the requirements of this Act and at the same time threaten the health or
security, require their collateral until the authority of RES
decided to prevent their confiscation or, where appropriate, to the time when
It will be shown that this is not about products which could endanger health
or safety. These measures shall notify the Inspector of the controlled person
orally and subsequently make a written record of it in the Protocol on the
control ^ 20a) stating whether or not the reason ensuring secured description
the products and their quantities.
(4) if the controlled person with measures imposed by the
paragraph 2 or 3, may lodge objections against him, which shall be in the
Protocol on the control of, or may be made by the Office in writing no later than 10
days from the date of delivery of the Protocol on inspection. Lodged objections have
suspensory effect. The President of the Office shall decide on the objections without undue
delay, but within 5 working days, and his decision is
final. A written copy of the decision on the objections shall be forwarded to
the controlled person.
(5) the Controlled person is obliged, under the controlled products secured
paragraph 3 shall forthwith issue the Inspector's Office. In the event that the
guided by a person of their issue, refuses to carry out the Inspector
the withdrawal.
(6) the costs of the storage of the products checked and secured cost
the destruction of forfeited or seized controlled products shall be borne by
the controlled person. The controlled person is not obliged to pay the cost of
secured storage of the products checked, if it is proved that the
These products conform to the law and does not endanger the health or
the safety.
(7) If it is shown that secured the controlled products meet
the requirements of this Act and does not endanger the health or safety, Office of
decide on the termination of the measures for their security. If it has been cancelled
measures to ensure secured products must be controlled by a person without
undue delay returned intact, with the exception of the products
used for the assessment. The return of the products shall draw up a written record.
(8) Forfeited or seized products authority may destroy or otherwise
invalidate.
§ 20b
(1) in the event that a controlled products do not meet the conditions for the placing
on the market or immediately endanger the safety, the Office shall decide on the prohibition
the next distribution of controlled products.
(2) if the controlled products have a technical defect and demonstrably
endanger the health or safety of, the Office shall decide on the withdrawal of these products
from the market.
(3) the authority shall inform in good time and in an appropriate manner of the person that
may be exposed to serious risk due to a controlled product,
This risk.
§ 20 c
The obligation of notification
(1) the authority is obliged to notify the Ministry of the adoption of measures relating to
controlled product in cases where the product constitutes a serious
the risk.
(2) the information provided by the Ministry must contain all information
necessary to identify the controlled product, its origin,
supply chain risk that controlled product
represents, the nature and duration of the measures adopted by the authority and also the information
voluntary measures adopted by the controlled person.
(3) If a risk can exceed the territory of the Czech Republic is the Ministry of
obliged to inform the Commission about the existence of such a product.
(4) if the Department receives information from the Commission on the adoption of measures against
the controlled product or the series representing a serious risk,
shall transmit this information without delay to the authority for further steps.
(5) to ensure the functioning of the information exchange system referred to in paragraphs 1 to
4 shall apply mutatis mutandis the legislation governing the procedure, the content and form of
information on the occurrence of dangerous non-food products ^ 20 c).
section 21
The management of
(1) if the Office finds that the authentication controlled products meet
laid down the technical requirements shall be issued according to the nature of the matter to the administrative
the decision, the certificate or the mark of the product test marks.
(2) If the Authority refuses to issue a certificate based authentication or
refuses to label the product a test mark or withdraw the certificate, issue of
that decision.
(3) an appeal against a decision given under this Act has, with
exception of the procedure for the imposition of fines, suspensory effect.
(4) when issuing the measures referred to in section 20a, paragraph. 2 does not flow under the
of the administrative code.
(5) After receipt of the request for verification of the controlled products in accordance with § 6
the Office shall inform the applicant or 9 authentication requirements under this Act, and
implementing legislation, without undue delay and at the latest within 90
days to issue a certificate or a decision according to the nature of the matter. If this is about
a particularly complex case, or if there is no other serious reasons can be
to comply with the time limit referred to in the first sentence, this period shall be extended by a further 30
days.
(6) if the Office finds, that the controlled person fulfils the conditions referred to in
certificate, shall decide on its withdrawal.
section 22
cancelled
section 22a
Administrative offences of legal persons and natural persons-entrepreneurs
(1) Controlled a person commits misconduct by
and unduly uses test mark) or another brand certificate
or other document issued by the authority under this Act,
(b)) to market or distribute a controlled product which does not meet the
laid down the technical requirements referred to in section 4, paragraph 4. 1, or
(c) fails to comply with the measures referred to in §) 20a, paragraph. 2.
(2) the manufacturer, the importer or the exporter has committed misconduct by
and) to market the controlled product in conflict with section 16, paragraph. 1 (a). and)
(b)) in contravention of section 16. 1 (a). (b) the controlled product),
(c)) does at least one of the major parts of a firearm under section 16 of the
paragraph. 1 (a). (c)),
d) contrary to section 16. 1 (a). (d) does not mark the outer side of the smallest)
consumer packaging provided for ammunition testing the mark referred to in
certificate or will not provide production control to determine whether they are in
the production complied with the technical requirements laid down or does not
Register,
(e) the main part of the leaves) on weapons, which is made of metal, soft
instead of removing the tag for the relevant test under section 16(1). 1 (a).
(e)), or
(f)) does not inform the Office of any changes in the manufacture of controlled products pursuant to section
16. 1 (a). (f)).
(3) the manufacturer has committed misconduct by neopatří controlled
product information under section 16. 2 (a). and).
(4) the Distributor commits misconduct in breach of section 16 of the
paragraph. 3 launches a controlled product that is not marked with a valid
test mark.
(5) the service provider, which was released under the arms licence of the Special
the law, committed misconduct by
and) contrary to section 16. 4 (b). and does not repair or adjustment)
firearms so as to comply with the set of technical requirements, or
do not submit to the Office in writing how to repair or adjustment, or
(b) does not submit a revised authentication) of the firearm, which has been
replacement of some of the main parts in accordance with section 16. 4 (b). (b)).
(6) for the administrative offence is imposed in the
and 5 0000 0000 Czk), with respect to the administrative offence referred to in paragraph 1 (b). and)
(c) paragraph 2 (b)). and) to e) or paragraph 4
(b)) 1 0000 0000 CZK in the case of an administrative offence referred to in paragraph 3,
c) 500 000 CZK in the case of an administrative offence referred to in paragraph 2 (a). (e)), or
paragraph 5.
section 22b
Common provisions in administrative deliktům
(1) a legal person under the administrative tort does not match, if he proves that
made every effort, that it was possible to require that the infringement of the
a legal obligation.
(2) in determining the amount of the fine, the legal person shall be taken into account, in particular, to the
the severity of the misconduct, the way a criminal offence and its consequences
and the circumstances under which it was committed.
(3) liability of legal persons for the administrative offence shall cease, if the
the administrative authority about him has commenced proceedings in the 2 years of the date on which it
learned, but not later than 5 years from the day when it was committed.
(4) administrative offences under this law in the first instance hearing
the Office.
(5) The liability for the acts, which took place in the business of physical
person ^ 23) or in direct connection with the applicable provisions of the Act
on the liability of legal persons and sanctions.
(6) the Proceeds of the fines is the income of the State budget.
section 23
Transitional provisions
(1) the verification of the effectiveness of this Act commenced before he completes according
the existing legislation.
(2) the validity of certificates relating to the set of firearms,
fixed ammunition or pyrotechnic articles issued pursuant to
the existing legislation expires on the expiry of the period for which they were issued.
(3) provided for the firearms, ammunition or pyrotechnics set
items marked by signs according to present regulations
considered to be certified under this Act.
section 24
Empowerment
The Ministry will issue a decree for the implementation of section 6 (1). 1, § 7 and § 8, paragraph 8a.
4, section 10, paragraph 1. 1 (a). (c)), § 11a paragraph. 2, § 15 paragraph. 2, § 16. 1
(a). (d)), section 16. 2 (a). and, § 18 paragraph). 2, § 18 paragraph. 3 (b). a), §
19 paragraph. 3 and 6 of section 19(a)(1). 3 and article 20 (2). 1.
PART THE SECOND
cancelled
§ 25
cancelled
PART THE THIRD
Amendment of the Act on administrative fees
section 26
Act No 368/1992 Coll., on administrative fees, as amended by Act No.
10/1993 Coll., Act No. 72/1994 Coll., Act No. 85/1994 Coll., Act No.
273/1994 Coll., Act No. 36/1995 Coll., Act No. 118/1995 Coll., Act No.
160/1995 Coll., Act No. 301/1995 Coll., Act No. 151/1997 Coll., Act No.
305/1997 Coll., Act No. 148/1998 Coll., Act No. 157/1998 Coll., Act No.
167/1998 Coll., Act No. 63/1999 Coll., Act No. 167/1999 Coll., Act No.
167/1999 Coll., Act No. 223/1999 Coll., Act No. 326/1999 Coll., Act No.
352/1999 Coll., Act No. 357/1999 Coll., Act No. 360/1999 Coll., Act No.
363/1999 Coll., Act No. 46/2000 Coll., Act No. 62/2000 Coll., Act No.
117/2000 Coll., Act No. 133/2000 Coll., Act No. 151/2000 Coll., Act No.
153/2000 Coll., Act No. 155/2000 Coll. and Act No. 158/2000 Coll., amended
as follows:
1. In Tariff Item 30 administrative fees for the letter b)
subparagraph (c)) to (g)) are added:
"(c) the issue of the certificate of homologation) firearms 10-0.0 Czk
(d) the verification of weapons) verification items
1. short firearms or its main part of 60.0 CZK
2. long firearms or its main part of 100.0 CZK
e) authentication when you authenticate weapons
1. short firearms or its main part of 200.0 CZK
2. long firearms or its main part of 300.0 CZK
(f) the issuance of a type certificate) check the ammunition 10 0.0 CZK
(g) Issue a type certificate) exam
pyrotechnic subject 10 0.0-CZK ".
2. the following shall be added to item 30 Note No 1 to 4 shall be added:
"Notes:
1. the Tasks referred to in points (c)), zpoplatňované to (g)) are regulated by law No.
156/2000, on the validation of firearms, ammunition and pyrotechnic
the subjects and the amendment of the Act No 288/1995 Coll., on firearms and
ammunition (the Firearms Act), as amended by Act No. 13/1998 Coll.
and Act No 368/1992 Coll., on administrative fees, as amended
regulations.
2. the extension of the certificate, for which charges according to
letter f) and (g)), collects a fee in half.
3. the administrative authority will increase the rate of the fee referred to in subparagraph (d)), or (e))
the items in the unit or the repeated unit verification of historical firearms
weapons on the double.
4. the professional activities (service) prior to verification of firearms,
ammunition or pyrotechnic of the subject or related to the testing of
firearms, ammunition, pyrotechnic article, an explosive subject
and the facilities for their use and for the testing of balisticky resistant
materials and structures, the remuneration referred to in the Decree of the Ministry selects
of trade and industry. ".
PART THE FOURTH
The EFFECTIVENESS of the
section 27 of the
This Act shall take effect on the first day of the second month following
After the date of its publication.
Klaus r.
Havel in r.
in the from the. r. Spidla in
Annex
cancelled
Selected provisions of the novel
Article. (II) Act No. 148/2010 Sb.
Transitional provisions
1. Pyrotechnic Articles for entertainment purposes of classes I and II may be placed on
the market under the current rules, but not later than within 3. July 2013,
and even if it has been issued with the certificate of type test.
Pyrotechnic articles for entertainment purposes of classes III and IV, and pyrotechnic
products for technical purposes subclasses T0, T1 and T2 can be placed on the market in accordance with
the existing rules, but not later than within 3. July 2016, even
If a certificate was issued for a type-test.
2. Authentication of pyrotechnic articles commenced prior to the date
the effectiveness of this law shall be completed in accordance with existing legislation.
3. Pyrotechnic Products marked with the test marks according to the existing
the legislation shall be deemed certified under the Act No 156/2000 Coll.
in the version effective as from the date of entry into force of this law.
4. the procedure for fines initiated before the date of entry into force of this Act
the current complete legislation.
Article. XXXVIII. Act No. 64/2014 Sb.
The transitional provisions of the
The proceedings initiated before the date of entry into force of this law shall be completed
According to the existing legislation.
section 68 of Act No. 206/2015 Sb.
The transitional provisions of the
Fixed ammunition can be identified in the manner referred to in law No.
156/2000, on the validation of firearms, ammunition and pyrotechnic
subjects and treatment with some pyrotechnic products, as amended by
effective until the date of entry into force of this Act, not later than 19. October
2016.
1) directive of the European Parliament and of the Council no 2007/23/EC of 23 December 2003.
May 2007 concerning the placing on the market of pyrotechnic articles.
Regulation of the European Parliament and of the Council (EC) no 765/2008 of 9 July.
July 2008 setting out the requirements for accreditation and supervision of
market relating to the marketing of products and repealing Regulation
(EEC) No 339/93 (Text with EEA relevance).
4) Decree No. 70/1975 Coll., on the Convention on the mutual recognition of test
brands of small arms.
4B) the first Part of the annex to law No. 119/2002 Coll. on firearms and
ammunition and amending Act No 156/2000, on the validation of firearms
weapons, ammunition, and pyrotechnical items and on the amendment of Act No.
288/1995 Coll., on firearms and ammunition (the Firearms Act
weapons), as amended by Act No. 13/1998 Coll. and Act No 368/1992 Coll., on the
administrative fees, as amended, and Act No.
455/1991 Coll., on trades (Trade Act), as amended by
amended, (law on weapons).
4 c) part two of the annex to law No. 119/2002 Sb.
5B) Act No. 219/1999 Coll., on the armed forces of the Czech Republic, in the
as amended.
5 c) for example, Act No. 310/1999 Coll., on stay of armed forces other
States in the territory of the Czech Republic.
5 d) § 16. 2 (a). and section 31 (a)). I) of Act No 119/2002 Sb.
18) Act No 368/1992 Coll., on administrative fees, as amended
regulations.
18A) Act No. 634/1992 Coll. on consumer protection, as amended
regulations.
18B), for example, Act No. 455/1991 Coll., on trades
(Trade Act), as amended.
18 c) section 31 to 40 of Act No 119/2002 Sb.
19a) § 53 paragraph. 5 of law No. 218/2002 Coll., on the service of civil servants
in the administrative offices and the remuneration of these staff, and other
employees in the administrative offices (business law).
19b) section 3 (3). 1 Act No 119/2002 Sb.
19 c), for example, section 74, paragraph. 7 Act No 119/2002 Sb.
19 d) European Parliament and Council Regulation (EC) No 2006/2004 on
cooperation between national authorities responsible for the enforcement of
compliance with the consumer protection laws (regulation on cooperation
in the area of consumer protection).
19E) Article. 3 (b). (b)) European Parliament and Council Regulation (EC) No.
2006/2004 on cooperation between national authorities responsible for the
enforcement of the laws on the protection of consumers ' interests (regulation on the
cooperation in the field of consumer protection).
Article 19F). 3 (b). (b)) European Parliament and Council Regulation (EC) No.
2006/2004 on cooperation between national authorities responsible for the
enforcement of the laws on the protection of consumers ' interests (regulation on the
cooperation in the field of consumer protection).
19 g) Article. 3 (b). k) European Parliament and Council Regulation (EC) No.
2006/2004.
section 52, paragraph 19). 1 of Act No. 455/1991 Coll., on trades
(Trade Act), as amended by law No 315/2006 Sb.
19i) for example, Act No. 183/2006 Coll. on territorial planning and building
Code (the building Act), as amended.
20A), for example, Act No. 634/1992 Coll., as amended.
20b) section 12 of Act No. 255/2012 Coll., on the control (inspection).
20 c) Government Regulation No 396/2004 Coll., on procedures, content, and form
information on the occurrence of dangerous non-food products.
23) § 2 (2). 2 of the commercial code.
24) Act No 61/1988 Coll. on mining activities, explosives and the State
Mining Administration, as amended.
25) Law No. 22/1997 Coll., on technical requirements for products and on the
changing and supplementing certain acts, as amended.
Regulation of the Government No. 176/2008 Coll. on technical requirements on mechanical engineering
the device, in the wording of later regulations.
26) § 4 (b). (c)) of the Act No 119/2002 Coll. on firearms and
ammunition (Firearms Act), as amended.