224/2015 Sb.



LAW



of 12 June. August 2015



on the prevention of major accidents caused by selected hazardous

chemicals or chemical mixtures and amending Act No. 634/2004

Coll., on administrative fees, as amended, (the Act on

the prevention of major accidents)



Parliament has passed the following Act of the Czech Republic:



PART THE FIRST



PREVENTION OF MAJOR ACCIDENTS CAUSED BY SELECTED HAZARDOUS

CHEMICALS OR CHEMICAL MIXTURES



TITLE I OF THE



INTRODUCTORY PROVISIONS



§ 1



The subject of the edit



(1) this Act implements the European Union regulation ^ 1) and

major accident prevention scheme for objects in which it is

placed a dangerous substance, in order to reduce the likelihood of developing and

to limit the consequences of major accidents on the lives and health of people and animals,

the environment and property in the following objects and their surroundings.



(2) this Act provides for the



and legal obligations or operating) the natural persons who

used or will be used by the object, in which is placed a dangerous

the substance and the



(b)) the scope of the public authorities in the prevention of major accidents

caused by hazardous substances.



(3) if another law provides otherwise, the law

does not apply to



and) military objects and military equipment ^ 2)



(b)) the risk associated with ionizing radiation in ^ 3),



(c)), the rail, road, air and water transport of dangerous substances outside the

objects, including temporary storage, loading and unloading during the

transport of ^ 4),



(d)) the carriage of dangerous substances in pipelines, including associated

booster pump, compression and transfer stations to be built outside of the

object in the route of the pipeline ^ 5),



e) geological work, mining activities and the activities carried out by mining

way ^ 6) in mines, quarries, or by means of boreholes, with the exception of

surface objects, chemical and thermal adaptation and refinement of minerals,

storage and storage of materials in the tailings ponds, where they are in relation to the

These activities placed dangerous substances,



(f)), the exploration and mining of minerals on the sea, including hydrocarbons,



(g)) the storage of gas in underground reservoirs in coastal waters, and it

as in the places intended for storage, so the places where also

performs the exploration and mining of minerals, including hydrocarbons, with the exception of the

offshore underground gas storage facilities in natural layers,

made by layers, salt caverns and abandoned mines ^ 7),



h) waste land, including the underground storage of waste ^ 8).



§ 2



The basic concepts



For the purposes of this Act, means the



and the entire space, object) file spaces, in which the

placed one or more hazardous substances in one or more of the

the facilities used by the legal or natural person, operating

including common or related infrastructures or activities,



(b) technical or technological device) the unit in which it is

hazardous substance manufactured, processed, used, transported or

stored and which also includes all the parts necessary for the operation of the

the device, in particular building objects, the pipeline, storage tank,

machines, industrial railways and cargo spaces,



(c) the legal or business operator) any natural person who uses

or will be taking an object in which a hazardous substance is or will be

located in the quantity of the same or greater than the amount referred to in

Annex No 1 to this Act in column 2 of table I or II, or that

was included in the group or to the Group and (B) the decision of the regional office,



(d)) by the object or the entrepreneurial natural person

uses or will use the object in which a hazardous substance is or will be

located in a quantity less than the quantity indicated in annex No. 1 to the

This law in column 2 of table I or II, and which was not included in the

groups and Group B or by decision of the regional office,



e) dangerous substance selected hazardous chemical substance or chemical

the mixture according to the directly applicable European Union regulation governing

classification, labelling and packaging of substances and mixtures, ^ 9), meeting the criteria

provided for in annex 1 to this Act or in the table referred to in

Annex No 1 to this Act in table II and present in the object as

the raw material, product, by-product, intermediate or the rest, including the

for those substances for which we can reasonably assume that may arise in

the case of a major accident,



(f)) by placing a dangerous substance or projected quantities of dangerous substances,

which are or will be manufactured, processed, used, transported or

stored in the object, or which can reasonably be expected that the

loss of control over the progress of industrial chemical process, or when the

the emergence of a major accident may pile up in the object,



g) major accident emergency, partially or totally uncontrollable,

time and space enclosed by the event, in particular the serious leakage of dangerous

the substance, a fire or explosion that formed or which immediately

There is a risk in connection with the use of the object, leading to a serious threat or

to serious consequences on the lives and health of people and animals, the

environment or property and involving one or more dangerous substances,



h) source of risk property of a dangerous substance or physical or physical

the situation giving rise to the possibility of a major accident,



and the likelihood of unwanted risk) of a specific effect to

which will occur during the certain period of time or under certain circumstances,



j) storage location of a quantity of dangerous substances for the purposes of

warehousing, depositing in safe custody or keeping in stock,



the object object to) neighboring located in such proximity to another

object, as a result of which increases the likelihood of developing or

the consequences of a major accident,



l the domino effect of increasing) probability of occurrence or consequences

a major accident as a result of the mutual proximity equipment, objects, or

a group of objects and the location of dangerous substances,



m) emergency planning zone of the territory around the object in which they are

applied the requirements of the protection of the population and the requirements of territorial development

in terms of emergency planning in the form of an external emergency plan,



n) Variant scenario a description of the development of a major accident, a description of the development

causation and the subsequent, contiguous and adjacent to each other and sequentially

ongoing events, either spontaneously or in progress

ongoing activity of the people that are intended to manage the progress of the

a major accident.



TITLE II



GENERAL PROVISIONS



§ 3



A list of the



(1) the operator or the user of the object shall take all the measures necessary

to prevent major accidents and limit their effects on the lives and

human and animal health, the environment and property.



(2) the operator or the user object



and processes the list) which shall specify the type, quantity, classification and

the physical form of all hazardous substances located in the object (hereinafter referred to as

"the list"),



(b)) on the basis of the sum of the proportional quantity of dangerous

substances placed on the object according to the formula, and under the conditions referred to in

Annex No 1 to this Act, and



(c)) on the basis of the list, and the sum of the proportional quantity of dangerous substances

located in the object processes the Protocol referred to in section 4, paragraph 4. 1, or

proposes the inclusion of an object to A group or to the Group (B) under the conditions

set out in section 5 (3). 1 and 2.



§ 4



Protocol on non-inclusion



(1) the user object processes the Protocol, in which it shall record the fact

the quantities of hazardous substances located in the object is smaller than the quantity

referred to in annex 1 to this Act in column 2 of table I or II, and

the sum of the proportional quantity of hazardous substances located in the object

carried out according to a formula, and under the conditions referred to in annex 1 to this

the law is less than 1 (hereinafter referred to as "the Protocol on non-inclusion"), and the Protocol on

non-inclusion for the purposes of the checks carried out pursuant to section 39. Pattern

the Protocol on non-inclusion is given in annex 2 to this Act.



(2) the user shall provide refresh object protocol for the non-inclusion of after

any increase in the quantity of hazardous substances located in the object

exceeding 10% of the existing quantities of hazardous substances located in the

the object or the location of other dangerous substances in the building, which has not yet

not appear in the list.



(3) the user shall submit to the non-inclusion of a Protocol on the object or its

update of the regional office within 1 month of the date when the amount of

dangerous substances placed in the object exceeds 2% of the quantities referred to in the

Annex No 1 to this Act in column 2 of table I or II.



(4) the Protocol on non-inclusion has



and) identification data of the object and its user,



(b)) list



(c) a description of the calculation of the sum of the proportional) quantities of dangerous substances

located in the object and



(d)) the place, date and signature of the natural person authorized to act on behalf of

object.



§ 5



The proposal for the inclusion of



(1) the operator shall propose the inclusion of an object to a group and, if



and the quantity of dangerous substances) that are located in, the object is the same or greater,

than the amount indicated in the annex No 1 to this Act in column 2

table I or II, and at the same time is less than the quantity specified in the annex

No 1 to this Act in column 3 of the table I or II, or



(b) the sum of the proportional quantity) of the hazardous substances located in the object

carried out according to a formula, and under the conditions referred to in annex 1 to this

the law is equal to or greater than 1 in the case of that quantity is not reached

dangerous substances referred to in subparagraph (a)).



(2) the operator shall propose the inclusion of an object to a group (B), if the



and the quantity of dangerous substances) that are located in, the object is the same or greater,

than the amount indicated in the annex No 1 to this Act in column 3

table I or II, or



(b) the sum of the proportional quantity) of the hazardous substances located in the object

carried out according to a formula, and under the conditions referred to in annex 1 to this

the law is equal to or greater than 1 in the case of that quantity is not reached

dangerous substances referred to in subparagraph (a)).



(3) an operator shall submit the proposal for the inclusion of an object to A group or

in Group B (hereinafter "the proposal on the inclusion of") the regional office in 1 month

from the day when the quantity of dangerous substances placed in the object reaches the


at least the quantity referred to in annex 1 to this Act in column 2

table I or II, or the sum of the proportional quantity of dangerous substances

located in the object reaches a value of 1.



(4) a proposal for the classification contains



and the identification of the object and) operator



(b)) list



(c) a description of the existing or planned) activities of the operator,



(d)) and the graphic representation of the description around the object,



e) data on the quantities of hazardous substances used in the calculation of the sum of the

the proportional quantity of hazardous substances located in the object



(f) a description of the calculation of the sum of the proportional) quantities of dangerous substances

located in the object and



(g)) the place, date and signature of the natural person authorized to act for the

of the operator.



(5) a proposal for inclusion shall be submitted in electronic form in accordance with the model

referred to in annex 2 to this Act.



§ 6



The classification of the object to the appropriate group



(1) the regional office will examine the proposal on classification, submitted by the operator

under section 5 (3). 3 and shall decide on the inclusion of an object to a group or to the

Group (B).



(2) Regional Office will examine the Protocol on non-sent by

the object under section 4 (4). 3 and if it finds the fact

to justify the inclusion of an object to a group or to the Group (B), it shall initiate the

procedure for the classification of the object to the appropriate group.



(3) the regional office in the decision on the classification of an object to a group or to the

Group (B) provides, with regard to the number of the institutions concerned and the

municipalities, the number of portable technical data media, on which the

the operator shall submit a draft of the security program for the prevention of serious

crash (hereinafter referred to as "security program"), or the safety report in

electronic form together with his physical appearance.



section 7 of the



The classification of the object to the appropriate group for the case of domino effect



(1) the regional office shall be determined on the basis of the



and) information contained in the proposals for the inclusion of submitted pursuant to section 5 of the

paragraph. 3 and protocols of the non-inclusion of the submitted pursuant to section 4, paragraph 4. 3,



(b)), the additional information requested from the operators and users

the object, or



(c)) the information obtained in the inspections carried out pursuant to § 39



objects, which can cause a domino effect, and shall decide on the inclusion of the

These objects to the group or to the Group and (B) the classification of the object.

to the appropriate group for the case of the domino effect, the regional authority shall proceed

under section 6 (1). 3 apply mutatis mutandis.



(2) the regional office shall provide to the operator or the user object specified by the

in accordance with paragraph 1, information about the immediate surroundings of this object,

including information on neighboring buildings, established in accordance with paragraph 1.



(3) the regional office may to operators and users of designated objects

in accordance with paragraph 1, save the obligation of mutual exchange of data necessary for the

risk management in these buildings.



(4) the operator will use the data obtained on the basis of paragraphs 2 and 3 in

assessment of the risk of a major accident, the processing of the security program,

the safety report, the internal emergency plan, the basis for

determination of zones of emergency planning and processing of external emergency

the plan and the provision of information in accordance with this Act.



§ 8



Proposal to change the classification of the object



(1) an operator shall submit a proposal to amend the regional authority classification

the object of the Group and to group B or from Group B to group A (

"the proposal to change the classification") within 1 month of the date when such

the change in the type or quantity of dangerous substances placed in the object

may lead to a change in the classification of the object to a group or to the Group (B).

the forthcoming proposal for the amendment of the classification, the operator shall notify the County

the Office before making these changes. For the purposes of processing the proposal for the amendment of

classification and deciding it is section 5 (3). 4 and 5 and article 6 (1). 1 apply

Similarly.



(2) the operator shall propose to the Regional Office of the disposal of an object from the Group and

or (B) from the group within 1 month from the date when the



and activity in the object), or



(b)) for such a reduction in the quantities of hazardous substances located in the

object, after which this quantity is less than the amount referred to in

Annex No 1 to this Act in column 2 of table I or II and the sum of the

the proportional quantity of hazardous substances located in the object below

a value of 1; in this case the operator shall proceed according to the section 4, paragraph 4. 1 to

3 apply mutatis mutandis.



(3) the regional office will examine the design of the operator referred to in paragraph 2 and

decide on the disposal of an object from the group or from Group (B).



TITLE III



SAFETY DOCUMENTATION



Part 1



Security documentation processing



§ 9



Assessment of the risk of a major accident



(1) the operator of an object to a group or to the Group (B)

carry out an assessment of the risks of a major accident for the purposes of the processing

Security program or the security of the message.



(2) the assessment of the risk of a major accident, contains



and the identification of sources of risks)



(b)) risk analysis and



(c) risk assessment).



(3) Implementing legislation lays down the content of the risk assessment Essentials

a major accident, the scope of the assessment of the risk of a major accident of the processed

for the objects listed in the group or to the Group B and the manner of its

implementation.



Security program



§ 10



(1) the operator of an object included in the Group and processes on the basis of

assessment of the risk of a major accident safety program.



(2) safety program contains



and) basic information about the object,



(b)) the assessment of the risk of a major accident,



(c) a description of the policy objectives) and the major-accident prevention policy,



(d) a description of the safety management system) and



(e)) the final summary.



(3) for the purposes of the processing of the security program, you can make use of the documents

processed in accordance with other legislation ^ 10) or for internal use

the operator or their parts, if they correspond to its content

the requirements on the security program or are in terms of these requirements

added and modified.



(4) the operator on the basis of the decision of the regional office shall include in the

preventive security programme security measures relating

the possible emergence of a domino effect.



(5) an operator shall submit the proposal for approval by the security programme

the regional office within 6 months from the date of the entry into force of the decision

the Regional Office on the classification of the object to the group.



(6) the implementing legislation provides for the requirements of content security

the program and its structure.



§ 11



(1) the operator shall review the security program not later than 5 years from the

the date of the entry into force of the decision on its approval and then always at least

once every 5 years. The review of the security program takes

the record, which lists the changes made to the object and their

the description of the. A record of the review carried out by the security program for

inspection under section 39 and the regional authority shall send a copy of the record

on the note.



(2) If, on the basis of the results of the review carried out by the security

the program results in the need to update it, the operator is obliged to

This update to ensure without delay and submit it for approval to the

the regional office within 6 months from the date of sending of the copy of the record of the

carried out a review of the safety program, the regional authority.



(3) Implementing legislation lays down the requirements for the content of the record

carried out a review of the safety program.



§ 12



Safety report



(1) the operator of an object included in Group (B) processes on the basis of

assessment of the risk of a major accident, the safety message.



(2) the safety report includes



and) basic information about the object,



(b)) technical description of the object,



c) information on the components of the environment around the object,



d) risk assessment, accident,



(e) a description of the policy objectives) and the major-accident prevention policy,



(f) a description of the safety management system),



(g) a description of the preventive security measures) to the limitation of the generation and

the consequences of a major accident,



h) final summary and



I) namely referred to legal and natural persons involved in the

drafting safety reports.



(3) in the safety report, the operator on



and) lays down the principles of safety and the reliability of a reasonable magnitude

the danger in the construction, operation and maintenance of any installation, its

equipment and infrastructure connected with its operation which are

the risk of a major accident,



(b)) shall draw up guidelines and internal emergency plan will provide information

allowing the elaboration of an external emergency plan, which includes

the security measures relating to the potential formation of a domino effect, that

It was possible to implement the necessary measures in the event of a major accident and



(c)) shall ensure appropriate information to the competent authorities of the public administration and

the municipalities concerned for the adoption of the decision in terms of the development of new

activities or development around existing objects.



(4) for the purposes of the processing of the safety report, section 10, paragraph 1. 3 and 4

shall apply mutatis mutandis.



(5) an operator shall submit a draft of the safety report for approval

the regional office within 9 months from the date of the entry into force of the decision

the Regional Office on the classification of the object to the Group (B).



(6) the implementing legislation provides for the requirements of content security

the report and its structure.



section 13



Report on the assessment of the safety reports



(1) an operator shall ensure that the assessment of the safety report. On the basis of the

This assessment will include a report on the assessment of the safety report and

the draft of this report, the regional authority shall submit for approval to the



and) no later than 5 years from the date of the entry into force of the decision on

the approval of the safety report or the decision on the approval of the previous

the report on the assessment of



(b)) at any time on the basis of its own initiative or at the request of the regional

the authority in cases justified by new facts or with regard to

new technical knowledge concerning safety issues, analysis

incidents, accidents and skoronehod or knowledge in the evaluation of sources of risk.



(2) the operator shall specify in the report on the assessment of the safety reports



and changes in the list) of the object,



(b) the aggregate effect of the changes) on the safety of operation and



(c) conclusion on the need for) to update the safety report or factual and

professional justification, that the valid need to update

the safety report.



(3) Implementing legislation lays down the requirements for the content of the message

the assessment of the safety report and its structure.



§ 14




Update security program and security reports



(1) the operator of an object for which there is a change in classification under section 8

paragraph. 1, processes the security program or the safety message and

their proposal shall submit for approval to the regional authority within the time limits

laid down for its submission in section 10, paragraph 1. 5 or section 12, paragraph. 5.



(2) an operator shall ensure that the security update immediately

program or a safety report and submit the update to

the approval of the regional office within 6 months from the date when such



and the change in the nature or) quantity of dangerous substances placed in the object

exceeding 10% of the existing quantities of hazardous substances located in the

the object, which leads to a change of the safety of use of the object,



(b)) change the technology, in which a hazardous substance is used, which leads

to change the security of the use of the object, or



(c) organizational change), which affects the safety management system.



(3) the operator shall, without delay, shall ensure that the safety report and update

This update shall submit for approval to the regional office within 6 months from the

the date of the entry into force of the decision of the regional authority for the approval of the report on the

the assessment of the safety report, if necessary of its transposition shows

the conclusion of the report on the assessment of the safety report referred to in section 13 (3). 2

(a). (c)).



§ 15



Compliance with the security program and security reports



(1) the operator shall follow the safety program or

the safety report.



(2) the operator of a demonstrably acquainted their employees and other persons,

with his knowledge that resides in the object, to the extent necessary to

Security program or the safety message.



Part 2



The approval of the safety documentation



section 16 of the



How the Regional Office



Regional Office in proceedings for approval of a proposal for a safety program

the safety report, or update the draft assessment report

safety reports (hereinafter the ' draft safety documentation ")



and shall send the draft safety documentation) without delay to express concerned

authorities and the municipalities concerned, and



(b) ensure that the processing of the report immediately), design safety

documentation of the responsible legal entity (hereinafter referred to as "the processor

the report ").



§ 17



Expression of the institutions concerned, the municipalities and the public



(1) the regional authorities concerned shall forward to the Office of its observations on the draft

Security documentation within 60 days from the date on which they were delivered; If

the authority concerned has not sent its observations on the draft security documentation in the

This period of time, with the design of the safety documentation agrees.



(2) the municipality Concerned to announce to the public on the official notice board in the manner and at the place of

the usual within 15 days from the date of delivery of the safety documentation,

When and where can be seen in the design of the safety documentation, make

It extracts, copies or copies. Public inspection of safety design

the documentation must be made for a period of 30 days from the date of its notification. In

This time limit may apply to the design of each security documentation

written comments.



(3) the municipality shall send its observations and comments of the public on the draft

Security documentation within 15 days from the date of expiry of the period laid down for the

the inspection of the public in the design of the safety documentation provided for in paragraph

2; If the municipality concerned has not sent its observations and comments of the public to

the design of the safety documentation in this period, with the proposal

Security documentation agrees.



(4) regional office after consultation with the operator may deny the public

insight into the design of the safety documentation, or parts thereof, for reasons of

and for the conditions under which it may be according to the law on the right to information about the

environmental information disclosure denied ^ 11), or for reasons of

security of the State.



section 18



Draft opinion of the safety documentation



(1) the report Processor will process the draft safety assessment

documentation (hereinafter referred to as "the report") on the basis of security design

documentation and verification of the information contained therein performed on the

the operator object to a group or to the Group (B).



(2) the report Processor executes the report design safety evaluation

documentation, in particular the evaluation of the risk assessment, accident and

the preventive security measures. The report processor

It may be noted in the report recommendations to supplement the safety design

the documentation.



(3) the time limit for the processing of the report may not be longer than 60 days from the date of

delivery of the safety documentation to the processor. This

the period may be justified, in particular in complex cases, the extended

a maximum of 30 days.



(4) the processor shall send the opinion opinion within the regional authority

the term, form and number of copies. In the event that the assessment does not meet the

the requirements of this Act and legislation issued for its implementation,

Regional Office it within 10 working days from the date of its delivery returns

the report processor to complement or processing. Regional Office provides

processors report deadline for completion or revision of the report. This

period may not be longer than 30 days. The period laid down for the supply or

processing report are not counted into the period laid down for the issue of

the decision of the Regional Office of the approval of the security documentation according to §

20 (2). 1.



(5) Implementing legislation lays down the criteria for the evaluation of the proposal

Security documentation and requirements for the contents of the report.



§ 19



The rights and obligations of the processor report



(1) the processor shall assess the draft safety assessment documentation

objectively and in full. The report under consideration, the processor must not

the design of the safety documentation to duplicate or complement it.



(2) the processor's opinion may request documents to verify the data component

referred to in the draft safety documentation from other experts. This

the fact is, in the opinion of the report processor. The one who

He participated in the design of the safety documentation shall not participate in

the processing of the report.



(3) the report Processor is to verify the information given in the proposal

the safety documentation shall be entitled to request



and) entry to the object



(b)) documents used for processing the draft safety documentation,

or



(c)) for more information and documents necessary for the assessment of the proposal

the safety documentation.



(4) the operator is obliged to provide the processor object report

the assistance needed for the discharge of its permission referred to in paragraph 3.



(5) the report Processor is required to maintain the confidentiality of any

the facts, which are in connection with the processing of the report

learned. This does not apply if the information about these facts will require

the inspecting authority under section 39.



(6) the implementing legislation establishes the nature and range of information and

the documents that the manufacturer is entitled to request an opinion for the purposes of

the assessment of the design of the safety documentation.



section 20



The decision on the design of the safety documentation



(1) the regional authority decides on the basis of the report and the observations of interested

authorities, the municipalities and the public comments on the approval of the proposal

the safety documentation to 45 days from the date of delivery of the report.



(2) in the event that the proposal does not meet the requirements of the safety documentation

This Act and the legislation adopted for its implementation, the regional

Office prompts the operator to correct the identified deficiencies and provides

the deadline to remove them. Regional Office of safety design documentation

submitted after the deficiencies found, shall send

the processor of the opinion that the changes made in the design of security

documentation within the time limit laid down by the regional authority shall take into account in the processed

opinion. With the changes made in the design of the safety documentation

Regional Office introduces the authorities concerned and the municipality concerned.



(3) Regional Office sends a copy of its decision to the Ministry of the environment

the environment (hereinafter referred to as "the Ministry"), the authorities concerned and the affected municipalities.



TITLE IV



EMERGENCY PLANNING



Part 1



Physical protection plan



section 21



(1) the operator of an object to a group or to the Group (B)

processes for this object to a plan of physical protection.



(2) the operator shall specify in the physical protection plan safety measures,

which are the



and option analysis of irregular activities) and the implementation of a possible attack

on the object,



(b) the regime of measures)



(c)) and physical guarding



d) technical resources.



(3) the operator shall send a plan of physical protection and its changes to the district

the Office and the Regional Directorate of the police of the Czech Republic ^ 12) Note to

3 months from the date of the entry into force of the decision of the Regional Office of

the approval of the safety documentation according to § 20 paragraph. 1.



(4) the scope of the security measures being taken in the object provides

operator of the internal regulation.



(5) the implementing legislation provides for



and the range of requirements analysis) carried out in accordance with paragraph 2 (a). and)



(b)) and the nature of the category režimových measures,



(c) ensure the physical) requirements for surveillance,



(d)) category technical means and their definition and



(e) the method of determining the extent of safety) measures taken in the

object.



section 22



(1) the operator shall adopt and shall ensure that the security measures for the physical

protection of the object referred to in the plan of physical protection in order to prevent

occurrence of major accidents and to limit its effects on the lives and health of the

people and animals, the environment and property.



(2) the operator shall regularly, at least once a year, the

functional testing of security measures according to § 21. 2 (a). (b))

(d)) and on the tests raise the registration, which shall keep for a period of 3

years.



(3) every person who, in connection with the discharge of their duties,

He met with the security measures referred to in the plan of physical protection,

is required to maintain the confidentiality of such measures. The obligation to

confidentiality after termination of the employment or the performance of

job duties. For information about the security measures referred to

in the plan of physical protection, in accordance with the legislation governing access

public information ^ 13) do not provide.



Part 2



Internal emergency plan



section 23



(1) the operator of an object included in the B group of internal processes


emergency plan, which lays down the measures to be taken inside the object in

the emergence of a major accident, in order to mitigate its effects on the lives and

human and animal health, the environment and property.



(2) the internal emergency plan contains



and the names, forenames) and functional classification of natural persons who are

by the operator appointed to implement preventive security

the measures,



(b) the possible accident scenarios) scenario in response to possible accident scenarios

the management response to the possible accident and matrix of responsibility for each phase

in response to the possible crash,



(c) a description of the potential consequences of serious) accidents,



(d) a description of the activities necessary to) alleviate the effects of a major accident,



(e) an overview of protective intervention resources), with which the operator

It has,



(f) the method of notification) and warning the people,



(g)) the measures for training and plan emergency exercises,



h) measures to promote the mitigation of major accidents outside the object,

taking into account the traffic and the technical infrastructure, settlement services,

important landscape elements, specially protected territory and the territory system

NATURA 2000 and



I) overview of the forces and resources of the integrated rescue system and

other bodies involved in the solution of a major accident.



(3) the operator on the basis of the decision of the regional office shall include in the

the internal emergency plan preventive safety measures

relating to the potential formation of a domino effect.



(4) the operator handles the internal emergency plan in conjunction with their

staff and will discuss it with the staff of their long-term

suppliers.



(5) the operator shall specify in the internal plan overview documents

processed for emergencies in accordance with other legal

^ 10) legislation. For the purposes of the processing of the internal emergency plan, section 10

paragraph. 3 shall apply mutatis mutandis. The operator in the internal plan

indicate the date of the acquisition of its validity.



(6) an operator shall submit the internal emergency plan within 3 months from the date of

the entry into force of the decision of the regional authority for the approval of the security

the documentation referred to in section 20 (2). 1 Regional Office to register and save and

the most well-liked Relief Corps region for the purposes of the processing of the external

emergency plan.



(7) the operators of objects classified in Group (B), which are located

in the common space, defined on the basis of common agreement

to handle the internal emergency plan together.



(8) the implementing legislation provides for the requirements of the internal content

emergency plan and its structure.



section 24



(1) the operator shall follow the internal emergency plan in case

When a serious accident has already occurred, its origin can no longer be avoided or

its origin can be reasonably expected.



(2) the operator saves an internal emergency plan so that the available

persons entrusted with the implementation of measures of internal emergency plan,

folders of the integrated rescue system and exercising

inspection under section 39.



(3) the operator of a demonstrably acquainted their employees and other persons,

with his knowledge that resides in the object, including its

long-term suppliers, about the risks of a major accident, about preventive

safety measures and on the requisite behaviour in the event of

a major accident.



§ 25



(1) the operator shall examine the internal emergency plan in terms of its

timeliness within 3 years from the date of its submission to the regional office, and then

always at least once every 3 years.



(2) an operator shall ensure that the internal emergency plan update



and) change the type or quantity of dangerous substances placed in

the object of more than 10% of the existing quantities of dangerous substances placed

in the object, if this change leads to a change of the safety of use of the object,



(b)) after each change of the technology, which is a hazardous substance used,

If this change leads to a change of the safety of use of the object, or



(c)) in the organizational and technical change, if these changes affect

the safety management system and the effectiveness of the internal emergency plan.



(3) an operator shall submit to update the internal emergency plan to 1

months from the date of the occurrence of any of the facts referred to in paragraph

2, the regional authority to register and save the most well-liked and the relief Corps

region.



Part 3



External emergency plan and emergency planning zone



section 26



(1) for the objects listed in Group (B) shall be the emergency zone

planning and process the external emergency plan.



(2) the operator of an object included in Group (B) interacts with the

the regional authority and authorised organisations and institutions and with

the County Fire Department rescue squad to ensure emergency preparedness,

public information and educational activities in the area

defined outside the accident plan.



(3) the operator of an object included in Group (B) after consultation with the

the County Fire Department rescue squad, maintains and operates in the zone

emergency planning the end elements of warning. This obligation

It does not replace the obligation of the other bodies to make, maintain and

operate the end elements of warning provided for by other laws,

Regulations ^ 14).



section 27 of the



(1) the operator of an object included in the Group (B) to process the documents for

determination of zones of emergency planning and processing of external emergency

the plan.



(2) the supporting documents for the establishment of zones of emergency planning and processing

external emergency plan shall include



and operator identification data)



(b) the name and surname of the natural) person responsible for the processing of such

supporting documents,



(c) a description of the major accident,) which may arise in the object and the

the consequences may occur outside the object of the operator,



(d) the potential consequences of serious) an overview of the accident on the lives and health of people and the

the animals, the environment and property, including ways of effective protection against

These consequences,



(e) preventive security overview) mitigation

the consequences of a major accident,



(f)) list and description of technical resources available when deleting

the consequences of a major accident, which are located outside the object

the operator,



g) measures to promote corrective measures outside the object, including measures

to cope with possible scenarios set out in the safety report and

taking into account possible cumulative effects, including those which have consequences on the

the environment, specific information about neighboring objects,

the crash and on the requisite behaviour in the event of an accident to the public and



(h) other necessary information requested) by the regional office, in particular, a more detailed

the specification of the technical means for the removal of consequences of serious

the crash, the more detailed the plan of escape and evacuation areas, and further

the information requested by the County Fire Department rescue squad Act

the integrated rescue system ^ 15).



(3) an operator shall submit the supporting documents referred to in paragraph 2 of the regional authority and

the most well-liked Relief Corps region simultaneously with the presentation of the draft

the safety report referred to in section 12, paragraph. 5.



(4) Implementing legislation lays down the requirements for the content of the documents

determination of zones of emergency planning and processing of external emergency

the plan, their structure and their processing.



section 28



(1) the Regional Office provides emergency planning zone on the basis of the

submitted by an operator under section 27. 3.



(2) where the regional office, in whose area the source of risk

is that the emergency planning zone has intervened on the territory of another

the region, the regional office concerned shall invite to cooperation in establishing the zone

emergency planning. The regional office will provide synergies

necessary for the determination of the emergency planning zone.



(3) Implementing legislation lays down the principles for defining the zone

emergency planning and the procedure for its definition.



section 29



(1) fire brigade region processes procedure laid down by law,

on the integrated rescue system ^ 15) external emergency plan. Fire

rescue of the region requires when processing an external emergency plan

the assistance of the authorities of the region and the municipalities, and other bodies, if necessary.



(2) fire brigade region processes the external emergency plan in 2

years from the date of the determination of the emergency planning zone pursuant to section 28, paragraph. 1.



(3) the regional office shall ensure that the public discussion of the external emergency plan

and its updates. For the procedure for the public hearing of the outer

emergency plan and its updates shall apply the provisions of § 17

Similarly.



(4) fire brigade region examines the external emergency plan from

in terms of its timeliness, at least once every 3 years.



(5) the implementing legislation provides for the requirements of the external content

emergency plan and its structure.



section 30



(1) if the regional office is with regard to the information contained in the

the safety report and supporting documents for the establishment of zones of emergency

planning and processing of the external emergency plan to conclude that for

borders object to group (B) there is no risk of serious

the crash, may decide that, for this object will not set the zone

emergency planning and fire brigade region will not

handle the external emergency plan.



(2) Regional Office sends a copy of the decision referred to in paragraph 1 to the Ministry,

the most well-liked Relief Corps region, the authorities concerned and the affected municipalities.



(3) if the decision of the regional office referred to in paragraph 1 concerns the

object, which is located near the territory of the neighbouring State,

shall inform the Ministry about this decision this neighbouring State.



THE HEAD OF THE



NEW OBJECTS



section 31



(1) an operator who will set up a new object or its part

construction or change of use of the finished works (hereinafter referred to as "the new

the object "), processes under the conditions set out in section 5 (3). 1 and 2 of the draft on

the classification and assessment of the risk of a major accident and submit the regional

the Office concurrently with the filing of applications for the issue of a territorial decision about

the location of the new object, or application for the issue of a building permit

or request for additional construction in the case of the territorial

the decision is not issued, the building Office under the building Act ^ 16). For

processing of the proposal on classification and assessment of the risk of a major accident with

§ 5 (3) shall apply. 4 and 5, and section 9 (2). 1 and 2 apply mutatis mutandis.




(2) Regional Office will examine the proposal on classification, submitted by the operator

referred to in paragraph 1 and shall decide on the inclusion of an object to a group or to the

Group B for classification in Group A or group B, § 6 (1). 3

shall apply mutatis mutandis.



(3) Regional Office ensure that the processing of the report of the assessment of the risk of serious

an accident of the operator referred to in paragraph 1 by the rapporteur

a legal person. When processing expertise to assess the risks of serious

the accident proceed pursuant to section 18 and 19 of the analogy, the time limit for processing

the report, however, must not be longer than 20 days; in justified, in particular,

complex cases, this period may be extended to a maximum of

a further 20 days.



§ 32



(1) the operator of a new object qualified by section 31, paragraph. 2 processes

Security program or the safety message and submit their proposal

the regional authority for approval not later than 5 months before the new

the object to test operation; in the event that the trial operation

does not, the operator shall submit the proposal for the safety program or

a safety report for the approval of the regional authority in the same period before the

putting into use pursuant to the building Act ^ 16).



(2) an operator shall not bring to trial the new object service before

acquisition of the decision of the regional authority for approval

Security program or the safety report; in the event that the

test operation does, the operator shall submit the final decision

the Regional Office of the safety program or safety

report on the request for the issue of occupancy under construction

the law ^ 16). The operator must not be put into a new object use without

a final decision on the approval of the safety program or

the safety report.



(3) the operator of a new object to a group or to the Group

(B) the processes of physical protection plan and forward it to the regional office and the regional

the Directorate of the police of the Czech Republic note no later than the date of entry

the new object to the trial operation; in the event that the trial operation

the operator sends the plan does not do, the physical protection of the regional authority and

the regional directorates of the police of the Czech Republic note no later than

day of the launch of the new object to use in accordance with the building Act ^ 16).



(4) the operator of a new object to group (B) processes and in

the time limit referred to in paragraph 3 shall provide the regional authority and the most well-liked

the relief Corps region internal emergency plan and the basis for the determination of the

emergency planning zones and the processing of the external emergency plan.



TITLE VI OF THE



LIABILITY INSURANCE FOR DAMAGE INCURRED AS A RESULT OF A MAJOR ACCIDENT



section 33



(1) an operator shall ensure that liability insurance for damage caused by

as a result of a major accident (hereinafter referred to as "liability insurance") ^ 17) after

the entire period of use of the object, including the stage of trial operation. Insurance

the liability of the operator shall negotiate with the insurer authorized to operate

insurance activities according to the law on insurance ^ 18).



(2) the operator shall negotiate liability insurance



and) within 60 days from the date of the entry into force of the decision of the Regional Office of

the safety program or the safety report, or



(b)) before the new object to the trial operation; in the case where

the test operation, the operator does not perform in accordance with subparagraph (a)).



(3) the amount of the indemnity limit stipulated by the operator must

correspond to the extent of the possible consequences of a major accident as referred to in

approved security program or approved safety report; in

the case of liability insurance agreed to stage the test operation

in accordance with paragraph 2 (a). (b)) must correspond to the amount of the limit of indemnity

the extent of the potential consequences of a major accident laid down on the basis of

a major accident risk assessment submitted by the regional authority under section 31

paragraph. 1.



(4) the operator shall submit the regional office a certified copy of the Treaty of

liability insurance agreed in accordance with paragraph 2 (a). and insurance) and to

record and store within 30 days from the date of its conclusion; in the case of

liability insurance agreed in accordance with paragraph 2 (a). (b)) shall submit to the

the operator of a certified copy of the contract of insurance and liability insurance

before you begin the test operation. Insurance policy shall contain the information

allowing the identification of the object and its operator and must be

given the limit of indemnity the agreed within the range specified in paragraph

3.



(5) the operator shall, without delay, notify the Regional Office of each

change in liability insurance, or its demise.



TITLE VII



INFORMING THE PUBLIC



Part 1



Public access to information



§ 34



(1) anyone can turn to the regional office with requests for the provision of

information about the object which is covered by Group A or group B procedure

laid down by the law on the right to environmental information ^ 19).



(2) the regional office may, under the conditions laid down by the law on the right to

environmental information ^ 11) provide the information requested

deny. Regional Office provide a list of approved and refused

the safety documentation to the extent in which the public

denied the inspection pursuant to § 17 paragraph. 4.



section 35



(1) the regional office in collaboration with the County Fire Department and rescue squad

the operator will process for the objects listed in the group or to the

Group B clearly worded information about danger

the major accident, including the possible domino effect of the preventive

safety measures and on the requisite behaviour in the event of a population

the emergence of a serious accident, according to the law on the right to information on the

environment ^ 20). This information to regional office always makes a way

enabling remote access.



(2) the Regional Office provides to the public in the emergency planning zone

information prepared in accordance with paragraph 1 for the object included in the Group B

at least once every 5 years. If the information relates to object

(B) the designated groups at the same time according to § 7 (2). 1, the regional authority shall ensure

the provision of this information is also the operator of any buildings or

facilities visited by the public, in particular, educational, medical and

social facilities, and adjacent objects that are in the zone

emergency planning.



(3) Regional Office updates the information prepared in accordance with paragraph 1, after the

any change in the object, which may affect the safety of the outside of the object,

in particular, after each change in the object referred to in section 8 (2). 1 or in section 14

paragraph. 2.



(4) in cases where the consequences of a major accident in the vicinity of the object

included in Group (B), or as a result of the domino effect could exceed

the boundaries of the State, the Regional Office of the Ministry shall provide sufficient information

to the neighbouring States could, as appropriate, to comment when processing

changes to the safety reports, emergency plans or information processed

in accordance with paragraph 1.



(5) the Ministry provides to States that might be affected by the consequences of the

a major accident, the information processed and provided by the regional authority.



(6) the implementing legislation provides for



the content of the information and particulars) referred to in paragraph 1 and the extent to which the

handles for the objects listed in the Group and for the objects included in the

in Group B, and



(b) providing processed information) the method referred to in paragraph 1 for the object

included in Group (B) to the public.



Part 2



Provision of information on the occurrence and effects of a major accident



section 36



Report and final report on the occurrence and effects of a major accident



(1) an operator or user object in which there was a serious

the crash,



and promptly report the emergence of serious) accidents to the competent regional

the Office, the Czech environmental inspection, the competent operational and

information centre of integrated rescue system ^ 15) and concerned

municipalities and



(b) of the report) will process a major accident, and delivers it to the district

the Office within 24 hours from the occurrence of a serious accident.



(2) an operator object in which there was a serious accident, it processes

a final report on the occurrence and effects of a major accident, stating

also the corrective measures taken to mitigate the effects of a major accident and

the preventive measures proposed to prevent its recurrence.



(3) the operator object in which there was a major accident, no later than

within 3 months from the occurrence of a major accident shall submit a draft of the final report on the

the occurrence and effects of a major accident for the approval of the regional authority.



(4) the operator object updates the information contained in the final

the report on the occurrence and effects of a serious accident, if further investigation

reveals additional facts which alter that information or made

the conclusions. The operator shall submit the updated information without delay to the

the approval of the regional authority.



(5) the implementing legislation provides for



and the content of the reporting requirements) about the emergence of a serious crash, and the manner of its

processing and



(b) the content of the final report) the particulars of the occurrence and impact of severe

the accident and the way of its processing.



§ 37



Approval of the final report of the occurrence and impact of major accident



(1) the regional office shall decide on the approval of the draft final report of the occurrence and

the effects of a major accident.



(2) in the event that the draft final report of the occurrence and impact of severe

the accident did not meet the requirements of this Act and the legislation adopted by the

for its implementation, in particular as regards the corrective measures taken to

mitigate the effects of major accidents and the preventive measures proposed to

to prevent its repetition, the regional office will prompt the operator to

removal of detected deficiencies and set a time limit for their removal.



(3) the regional office in collaboration with the County Fire Department rescue squad

processes the recommendation for the operator concerning the future

preventive measures, which are not included in the final report of the

and the effects of a major accident, and that can lead to improved prevention,

a major accident.



(4) the regional office may, on the basis of the final report of the occurrence and impact of

a major accident to save the obligation to ensure the operator update

Security program or the safety report and the update

submit for approval by the regional authority and provide for a time limit to do so. Regional

the authority may also impose a duty to ensure the update operator


the internal emergency plan and submit it to the regional office to register and

Save the most well-liked and the relief Corps.



section 38



Information about the occurrence and impact of major accident



(1) the regional office will process and after discussion in the Security Council of the region of ^ 21)

provide public information in the emergency planning zone of the occurrence and

the consequences of a major accident and the corrective measures taken to

mitigate its consequences pursuant to the Act on the right to information on the

environment ^ 20). Regional Office always makes this information way

enabling remote access.



(2) Regional Office, without delay, deliver to the Ministry and the Ministry of the Interior

reports on the occurrence of a serious accident, according to § 36 odst. 1 (a). (b)) and

decision on the approval of the final report of the occurrence and impact of severe

the accident under section 37, paragraph. 1 including this message.



(3) the Ministry for the prevention and mitigation of the consequences of a major accident

without undue delay, but not later than 1 year after the emergence of serious

accident, notify the European Commission (hereinafter referred to as "the Commission") of serious

accidents that meet the criteria listed in part I of annex 3 to this

the law, to the extent arising out of part II of annex 3 to this

the law.



TITLE VIII



CHECK



section 39



Authorities checks and subject control



(1) Control under this Act shall be exercised by the State Labour Inspection Office

and the regional labour inspectorates, the Czech mining Office and the district mining

authorities, the regional hygiene stations and fire rescue counties

(hereinafter referred to as "the integrated inspection authorities"), Czech regional authorities and

environmental inspection.



(2) an inspection carried out pursuant to this Act covers all activities

carried out in order to verify compliance with the obligations laid down in this

law or imposed under this Act.



(3) subject to checks carried out under this Act are, in particular,



and an assessment of whether the information) contained in a security program or

the safety report actual conditions in the building,



(b)) the measures taken to prevent a major accident in the object



(c) the suitability and sufficiency of resources) mitigation possible consequences

a major accident,



(d) compliance with the preventive security measures) referred to in

the security program, or the safety report and in the internal

plan, and



(e) the supporting documents for the establishment of the zone) emergency planning and processing

external emergency plan submitted by the regional authority and the most well-liked

the relief Corps.



(4) subject to checks carried out under this Act is not a plan

the physical protection and security measures taken to ensure the physical

Protection object, subject to special checks organised

the regional authority in cooperation with the police of the Czech Republic.



(5) the person carrying out the inspection referred to in this law in its performance

show card issued by the competent control authority, which is

proof of their credentials for review.



section 40



Control plan



(1) the Czech environmental inspection processes in consultation with the

regional authorities and the authorities of the integrated inspection of the draft annual plan

checks compliance with this Act.



(2) the annual plan of inspections includes



and a list of objects), classified in Group A or group

(B) for which the check is carried out, indicating the objects specified by the

§ 7 (2). 1 and objects, which can increase the risk of a major accident

or the consequences of a specific external sources of risk,



(b) the procedures for regular checks) to be carried out for individual operators

objects listed in Group A or group B, including the program

These checks,



(c) the procedures for emergency checks),



(d) regional offices and) the designation of authorities, the integrated inspection, which will be

check the description of the collateral, and cooperation between them,



(e) monitoring the implementation of range) General conditions of prevention of major accidents

and



(f)) for more focus control by kind of activity of the individual

the operators of the objects listed in the group or to the Group (B).



(3) the Control of the operator object to the Group and are carried out

at least once every 3 years; check with the operator object included

in Group (B) shall be carried out at least once a year.



(4) the Czech environmental inspection may determine the frequency of inspections for

each of the operators of the objects listed in the group or to the

Group (B) by derogation from paragraph 3, if it shall draw up an annual plan of inspections on

the basis of a systematic assessment of the risk of a major accident for

the individual objects. Systematic assessment of the risk of serious

the crash will be assessed for individual objects



and their possible consequences) on human health and the environment,



(b) information on the results of previous) checks carried out in

operator object; Czech environmental inspection in may under the

the systematic assessment of the major-accident hazards into account also

the results of the checks carried out at the operator object in accordance with other

the legislation.



(5) the Czech environmental inspection shall submit draft annual plan

checks to the Ministry for approval.



(6) on the basis of the annual plan of inspections of the approved Ministry of processes

Czech environmental inspection programs normal checks planned

for each of the operators of the objects listed in the group or to the

in Group B, including the determination of the frequency of checks carried out on the individual

operators.



(7) the Czech environmental inspection, the regional offices and authorities

integrated inspection of the operator shall be entitled to perform extraordinary

check out the annual plan of inspections for the purpose of examination of complaints

giving rise to reasonable suspicion of serious violations of the obligations

laid down by this law, incidents, accidents and skoronehod, or on the basis of

knowledge resulting from own inspection activity.



(8) the implementing legislation provides for how to handle the draft annual

the plan controls, the method of determining the terms of the implementation of the checks, the criteria

evaluation of the results of a systematic assessment of the major-accident hazards,

procedure for the consideration of the draft annual plan of inspections and

the approval.



§ 41



The report on the control of



(1) the regional office and the authorities of the integrated inspection process information

the result of the checks carried out in accordance with this Act and the information

submit to the Czech environment inspection.



(2) the Czech environmental inspection processes the message on the control

carried out under this Act on the basis of the information received from the

the regional office and the integrated inspection bodies referred to in paragraph 1 and on the

the basis of its own findings.



(3) the Czech environmental inspection report on monitoring with

the operator within 30 days from the date of the last inspection of the Act

and within 15 days from the date of the consideration of the report of the inspection shall send the

operators, regional office and the Ministry.



(4) the Czech environmental inspection processes the annual summary report

the controls carried out under this Act and shall send this message

the Ministry.



(5) the implementing legislation provides for



and information about the content of the elements) of the result of the inspection, its structure and

the method of presentation of Czech environmental inspection and



(b)) of the control report content elements, its structure and its method of

processing.



section 42



Measures to remedy the



(1) the Regional Office on the basis of the report on the control saves the operator

measures to remedy shortcomings in the fulfilment of the obligations imposed by this

by law or on the basis of. The regional office may, in a decision imposing a

the remedy lay down the conditions and the deadline for redress.



(2) in the event that, during the inspection carried out pursuant to this Act was

serious breach of the obligations imposed by this Act or the

its basis, the operator shall be carried out within 6 months from the end

check for more control.



TITLE IX OF THE



THE PERFORMANCE OF THE PUBLIC ADMINISTRATION



§ 43



Public authorities



State administration in the field of prevention of major accidents in the

exercise



and Ministry)



(b) the Ministry of the Interior),



(c)), the Czech mining Office and the district mining offices,



(d)) the Czech environmental inspection,



(e)), the regional offices,



(f)), the State Bureau of labour inspection and the regional labour inspectorates,



g) Fire Rescue Corps of regions and



(h) the regional hygiene station).



The Ministry of



§ 44



(1) the Ministry of



and is the central administrative authority) on the prevention of major accidents

under this Act,



(b) shall exercise State supervision) the Chief of the State administration performed by

This law,



(c) reviewing the administrative decision issued) under this Act, the Czech

inspections of the environment and the regional authorities,



d) designate a legal person established by the Ministry of labour and social

things, which perform the tasks of vocational workplace for prevention of major

accidents, processing expertise and security design documentation

expertise to assess the risk of a major accident,



e) processes and leads a summary record of the non-inclusion of protocols, proposals

on the classification of the proposals on the amendment of the classification, safety programs,

safety reports, the reports on the assessment of the safety reports, the reports on the

the emergence of a major accident, the final report of the occurrence and impact of severe

the accident and the decision relating to these documents,



(f)) on the basis of the annual summary report on inspections carried out in accordance with

This Act shall inform international organizations and neighbouring States in accordance with

renowned international treaties by which the Czech Republic is bound,



g) shall inform the Commission and the other Member States of the European Union in accordance with

the provisions of the European Union in the field of the prevention of major industrial accidents.



(2) the Ministry may submit to the Commission to examine the notifications that certain

hazardous substance does not pose a risk of a major accident. In the notification

the Ministry shall indicate the information needed to assess the properties of this

dangerous substances, which operates its hazards for health, physical

the hazards and hazards to the environment; These information

set out in annex 4 to this Act.



(3) the Ministry may submit a notification pursuant to paragraph 2 of the Commission on

the initiative of the operator. Such complaint must be justified and must

contain the information needed to assess the properties of this dangerous


substances that Act its hazards for health, physical

the hazards and hazards to the environment in accordance with annex 4 to the

This law.



section 45



(1) the major accident prevention information system (hereinafter referred to as the "information

the system ") is a public information system of the public administration, which is used

to collect data about objects and related facts.



(2) the administrator and operator of an information system is the Ministry of.

The Ministry may instruct a legal operation of the information system

a person that entrusts the processing expertise design safety

documentation and expertise to assess the risk of a major accident.



(3) in the information system are the following:



and the object index), including information on their operators,

activities and dangerous substances in them that are located and documentation

processed on the basis of this law,



(b) the major accident) register,



(c)) and checks the registry envisaged,



d) spatial data about objects and their immediate surroundings,



e) information processed for the objects listed in the group or to the

Group B according to § 35 paragraph. 1.



(4) the user of the information system using data held in it

are public authorities exercising State administration in the field of prevention

major accidents, operators, users and the public object.



section 46



The Ministry of the Interior



The Ministry of the Interior



and) acts as the focal point for the notification of serious accidents by

renowned international treaties by which the Czech Republic is bound,



(b)) determines which regional office provides emergency planning zone, if

an object in which a hazardous substance is placed, is located in the administrative

the perimeter of two or more counties and county authorities have agreed,

which of them provides emergency planning zone, and



(c) records and stores the message) about the emergence of a serious crash, and the final report

of the occurrence and effects of a major accident.



section 47



The Czech mining Office and the district mining offices



(1) the Czech mining Office provides coordination between the obvodními mining

authorities and other authorities of the integrated inspection.



(2) the district mining Office is the institution concerned in the field of the prevention of major

accidents and ensures



and technical support for) the assessment and evaluation of the completeness and

support the correctness of documents processed according to § 10, 12 and 13,



(b) performance of the tasks of the authority) integrated inspection according to § 39, paragraph. 2.



section 48



Czech environmental inspection



(1) the Czech environmental inspection ensures the Organization of checks,

carried out in accordance with this Act and coordinates their implementation.



(2) the authorities of integrated inspections carried out within the scope of its competence

inspection under this Act, the term projednaném with the Czech inspections

of the environment.



section 49



The regional offices



(1) the regional offices shall send the Ministry drafts and other documents

presented to them by the operator under this Act, including their

a decision on these proposals and other documents and information

processed for the objects listed in the group or to the Group and (B) in accordance with

§ 35 paragraph. 1.



(2) Regional Office is the institution concerned in the field of the prevention of major

accidents when discussing planning documentation in the territorial

management, where appropriate, in construction management and in the management of removal of the construction

under the building Act ^ 16) if its subject is an ordinary version object

to A group or to the Group (B).



(3) regional office based on the assessment of the risk of a major accident and its

opinion binding opinion, which is the basis for the issuance of a decision in

territorial control or in construction management, in proceedings for the removal of buildings

or in the subsequent construction permit under the building Act ^ 16)

in the event that the territorial decision has not been issued, which lays down the conditions

for the location of the new object, or putting it into trial operation

or use in the case that the test run does not.



(4) the Regional Office provides to take account of the objectives of the prevention

major accidents and the limitation of their consequences in the



and the placement of new objects)



(b) make changes to existing objects) and



(c) maintaining the mutual distance between) objects and residential areas,

buildings and areas frequented by the public, the main means of

trails, recreational areas, and areas protected under other

^ 22) legislation, and regional planning under construction

the law ^ 16).



(5) in the case of existing objects ensures Regional Office, if necessary,

the adoption of additional measures to reduce the risk of

the emergence of a major accident.



(6) the regional authority decides on the prohibition of the use of the object or its parts,

If the measures taken by the operator for the prevention of major accidents and

limitation of their consequences for the lives and health of people and animals, the

environment or assets, including the corrective measures imposed

the operators referred to in § 42 paragraph. 1, have serious shortcomings. Regional Office

decides on the prohibition of the use of the object or its parts, if the operator

demonstrably fulfils the obligations laid down in this law or its

basis within the time limits and on the required level of expertise and if in the

as a result, there is a risk of serious damage or threat to the life and health

people and animals, the environment or damage to property or to the already

has occurred.



section 50



The provision of data



(1) the Ministry of the Interior or the police of the Czech Republic provides to the authorities of

the executing State administration in the field of prevention of major accidents



and data from Basic) reference population register,



(b)) the data from the information system of the population register,



(c)) the data from the information system.



(2) Information Provided pursuant to paragraph 1 (b). and) are



and, where applicable, names) the name, surname,



(b)) of the date, place and County of birth; for the data subject, who was born in

abroad, the date, the place and the State where he was born,



(c)) date and place of death; in the case of the death of the data subject outside the territory of the Czech

Republic, the date of death, place and the State on whose territory the death occurred;

If the decision of the Court on the declarations for the dead, the day which is in

decision given as the day of death or the day that the data subject

declared dead survived, and the date of the entry into force of this

the decision,



(d) the address of the place of stay)



e) citizenship, or more of State citizenship.



(3) Provided the information referred to in paragraph 1 (b). (b))



and, where applicable, names) the name, surname, maiden name,



(b)) of the date, place and County of birth; for the data subject, who was born in

abroad, the date, the place and the State where he was born,



(c) the social security number),



(d) the address of the place of residence),



e) citizenship, or more of State citizenship.



(4) the information Provided under paragraph 1 (b). (c))



and, where applicable, names) the name, surname, maiden name,



(b)) of the date, place and County of birth; for the data subject, who was born in

abroad, the date, the place and the State where he was born,



(c)), where appropriate, national citizenship, nationality,



(d)) the kind and address of the place of residence on the territory of the Czech Republic,



(e)) the beginning of the stay, where appropriate, the date of the end of the stay on the territory of the Czech

of the Republic.



(5) data that are kept as reference in the principal registry

of the population, make use of the information system of the population register or

information system to foreigners only if they are in the shape of the previous

the current state.



(6) the data provided can be used in a particular case only

such information, which are necessary to fulfil that task.



TITLE X



ADMINISTRATIVE OFFENCES



section 51



(1) the operator or the user object is guilty of misconduct

by



and processed pursuant to section list) 3 (3). 2 (a). and § 55 paragraph) or. 7,



(b)) nepřezkoumá list according to § 55 paragraph. 4 or 6,



(c)) in contravention of section 4, paragraph 4. 1 or § 55 paragraph. 7 does not process log

non-inclusion or not retained in this Protocol,



(d)) in contravention of section 4, paragraph 4. 2 or § 55 paragraph. 6 does not provide update

the Protocol on non-inclusion,



(e) the Protocol on non-inclusion) do not submit or update it within the

period of the regional authority, pursuant to section 4, paragraph 4. 3 or § 55 paragraph. 6,



(f)) does not provide the information necessary for risk management in buildings designed

the regional authority according to § 7 (2). 1 in the context of the mutual exchange of information pursuant to section

7. 3,



(g)) does not report the emergence of a serious accident, according to § 36 odst. 1 (a). and), or



h) contrary to § 36 odst. 1 (a). (b) of the report) does not process

a major accident or this message will not deliver the regional office within the

the time limit.



(2) the operator has committed misconduct by



and) contrary to section 5 (3). 3, section 31, paragraph. 1 or § 55 paragraph. 6 or 7

do not submit a proposal on the inclusion of regional office within the time limit,



(b)) in violation of § 8 paragraph. 1 or § 55 paragraph. 5 (a). and) do not submit a proposal

on the change of classification within the prescribed period the regional authority or realize

Regional Office on the forthcoming proposal for the amendment of the classification,



(c)) in contravention of section 9 (2). 1, section 31, paragraph. 1 or § 55 paragraph. 5 (a). and)

does not perform a risk assessment of a major accident,



(d)) do not submit risk assessment the major accident within a specified period

the regional authority in accordance with section 31, paragraph. 1,



e) contrary to § 21. 1 or § 32 paragraph. 3 does not process the physical plan

protection,



(f) physical protection plan does not send) the regional office or district

the Directorate of the police of the Czech Republic within a specified period according to § 21.

3 or § 32 paragraph. 3,



(g)) in contravention of section 22, paragraph. 1 does not accept or does not ensure safety

the measures for the physical protection of the object,



(h)) does not perform functional testing of security measures pursuant to section 22 paragraph 1(b).

2,



I object to) a new trial or to use in contradiction with the

§ 32 paragraph. 2,



(j)) does not provide liability insurance pursuant to section 33, paragraph. 1,



k) nesjedná liability insurance within the time limit under section 33, paragraph. 2 or it

entered into in violation of § 33 paragraph. 3,



l regional authority) do not submit in due time a certified copy of the Treaty

of liability insurance or insurance under section 33, paragraph. 4,



m) notifies the regional authority changes in liability insurance, or its

the demise of pursuant to section 33, paragraph. 5,



n) does not handle the final report on the occurrence and effects of a major accident by

§ 36 odst. 2,



about) do not submit a proposal of the final report and the effects of a major accident


the regional authority for approval within the time limit referred to in § 36 odst. 3,



p) contrary to § 36 odst. 4 does not update the information contained in the final

the report on the occurrence and effects of a major accident or the updated

do not submit information to the regional authority for approval,



q) in contravention of section 37, paragraph. 2 does not remove the deficiencies within the time

the draft final report on the occurrence and effects of a major accident, or



r) fails to fulfil an obligation within the time limit imposed by decision of the regional

the Office about measures to remedy under § 42 paragraph. 1.



(3) the operator of an object included in the Group and committed by the administrative

tort by



and) contrary to section 10, paragraph 1. 1, § 14 paragraph. 1, § 32 paragraph. 1 or § 55 paragraph.

5 (a). (b)) it has processed security program



(b) does not submit a proposal) security program within a specified period

the regional authority for approval under section 10, paragraph 1. 5, section 14, paragraph. 1, § 32

paragraph. 1 or § 55 paragraph. 5 (a). (b)),



(c)) in contravention of section 11 (1). 1 nepřezkoumá safety program, the Pact

This review of the record, this record is not retained or its copy of the

the Regional Office does,



(d)) in contravention of section 11 (1). 2, section 14, paragraph. 2, section 37, paragraph. 4 or § 55 paragraph.

4 does not provide security update program or fails to submit this

update of the regional authority for approval, or



e) refrain, in accordance with the safety program under section 15, paragraph. 1,



(f)) in contravention of section 15(1). 2 ascertains their employees and other persons,

with his knowledge that resides in the object, with the security program.



(4) the operator of an object included in Group (B) is guilty of an administrative

tort by



and) contrary to section 12 paragraph. 1, § 14 paragraph. 1, § 32 paragraph. 1 or § 55 paragraph.

5 (a). (b) does not process the message security)



(b) does not submit a proposal for a safety report) within the prescribed period the regional

the authority for approval in accordance with § 12 of the paragraph. 5, section 14, paragraph. 1, § 32 paragraph. 1 or

§ 55 paragraph. 5 (a). (b)),



(c) does not provide an assessment of the security of the message), it will not process report on the

the assessment of the safety report or fails to submit this report to the district

the authority for approval under section 13 (3). 1,



(d)) in contravention of section 14, paragraph. 2 or 3, section 37, paragraph. 4 or § 55 paragraph. 4

the update does not provide the safety report or fails to submit this

update of the regional authority for approval,



e) refrain, in accordance with the safety report under section 15(2). 1,



(f)) in contravention of section 15(1). 2 ascertains their employees and other persons,

with his knowledge that resides in the object with security news,



g) contrary to section 23, paragraph. 1, § 32 paragraph. 4 or § 55 paragraph. 5 (a). (b))

does not handle the internal emergency plan,



(h)) does not submit the internal emergency plan for the regional office within the time limit

and the most well-liked Relief Corps region pursuant to § 23 paragraph. 6, § 32 paragraph. 4

or § 55 paragraph. 5 (a). (b)),



I) refrain, in accordance with the internal emergency plan in accordance with section 24, paragraph.

1,



j) bottom of this internal emergency plan in accordance with § 25 paragraph. 1,



k) in contravention of section 25, paragraph. 2, section 37, paragraph. 4 or § 55 paragraph. 4 locks

update the internal emergency plan,



l) fails to update the internal emergency plan in the specified

period of the regional authority and the most well-liked Relief Corps region in accordance with § 25

paragraph. 3, section 37, paragraph. 4 or § 55 paragraph. 4,



m) in contravention of section 27. 1, § 32 paragraph. 4 or § 55 paragraph. 5 (a). (b))

processed documents for the establishment of zones of emergency planning and

the processing of the external emergency plan, or



n) do not submit supporting documents for the establishment of zones of emergency planning and

processing of external emergency plan within the prescribed period the regional

the Office and the most well-liked Relief Corps under section 27. 3, § 32 paragraph. 4

or § 55 paragraph. 5 (a). (b)).



(5) the operator or the user object is guilty of misconduct

the fact that, in proceedings concerning the classification of an object to a group or to the Group (B), of the

change the classification of the object to the appropriate group or about the disposal of the object of

groups and Group B, or of safety design approval

documentation or the draft report of the occurrence and impact of major accident

specifying false, or incomplete information, or conceal the.



(6) for the administrative offence is imposed in the



and 100 000 CZK), with respect to the administrative offence referred to in paragraph 1 (b). and (e)))

or (b). g) or (h) or paragraph 2 (b)). n) to q)



(b)) 700 000 CZK in the case of an administrative offence referred to in paragraph 2 (a). (c)), or

(d)), or (b). (j)) and m),



(c)) 1 0000 0000 CZK in the case of an administrative offence referred to in paragraph 1 (b). (f)) or

paragraph 2 (a). and (b))) or (b), or. e) to (i)),



d) 5 0000 0000 CZK in the case of an administrative offence referred to in paragraph 2 (a). r) or

paragraphs 3 to 5.



section 52



(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 acreage of a fine account of the seriousness of the administrative

tort, in particular, to the way its committing, its consequences, and to

the circumstances under which it was committed.



(3) the responsibility for the administrative offence shall cease, if the administrative authority about him

has commenced proceedings in the 2 years of the date on which it learned, no later than

However, within 5 years from the day when it was committed.



(4) administrative offences under this law in the first instance hearing

Regional Office, with the exception of administrative offences under section 51, paragraph. 3 (b). (e)),

§ 51 paragraph. 4 (b). (e)) and i), which dealt with the Czech environmental inspection

environment.



(5) The liability for the acts, which took place in the business of physical

person or in direct connection with it, shall be subject to the provisions of this

the law on liability of legal persons and sanctions.



(6) the financial penalty is payable within 30 days of the date when the decision on its imposition

has acquired power. The fine levied, the authority which it has stored.



(7) the fine imposed on the Czech Environmental Inspectorate are tv

the budget of the State Environmental Fund of the Czech Republic. The fine

stored the regional authority are income budget of the region, whose Office fine

saved by.



TITLE XI



THE ENABLING PROVISIONS OF THE COMMON, TRANSITIONAL AND FINAL



section 53



Common provisions



(1) the costs associated with the processing of the report design safety

documentation or assessment to assess the risk of a major accident shall be borne by the County.



(2) the scope of the established regional Office of this Act are

delegated jurisdiction.



§ 54



The enabling provisions



(1) the Ministry shall issue a decree for the implementation of § 9 (2). 3, section 10, paragraph 1. 6, §

11. 3, section 12 paragraph. 6, section 13 (3). 3, § 18 paragraph. 5, § 19 paragraph. 6, §

23 paragraph. 8, § 27, paragraph. 4, § 35 paragraph. 6, § 36 odst. 5, § 40 paragraph. 8 and §

paragraph 41. 5.



(2) the Ministry of industry and trade shall issue a decree for the implementation of section 21

paragraph. 5.



(3) the Ministry of the Interior issues a decree for the implementation of section 28 paragraph. 3 and section 29

paragraph. 5.



section 55



Transitional provisions



(1) the objects listed in the group or to the Group and (B) pursuant to the Act No.

59/2006 Coll. on the prevention of major accidents caused by selected

hazardous chemicals or chemical products and amending

Act No. 258/2000 Coll., on the protection of public health and amendment to certain

related laws, as amended, and Act No.

320/2002 Coll., amending certain laws in connection with the

the termination of the activities of the district offices, as amended,

(the law on the prevention of major accidents), in the version effective before the date

the entry into force of this law, shall be construed as the objects included in the

group or to the Group and (B) pursuant to this Act.



(2) judgments given before the date of entry into force of this Act pursuant to

Law No 59/2006 Coll., as amended effective before the date of entry into force of

of this law, shall be construed as a decision issued under this Act.



(3) proceedings instituted by law No 59/2006 Coll., as amended effective before the

date of entry into force of this law, which has not been completed

before the date of entry into force of this law shall be completed in accordance with Act No.

59/2006 Coll., as amended effective prior to the date of entry into force of this

the law.



(4) the operator shall review the list prepared pursuant to law No 59/2006

Coll., as amended effective prior to the date of entry into force of this Act, and

and submit the regional authority shall ensure that an update of the proposal on classification and

the safety program or a safety report and shall ensure and submit

the regional authority and the most well-liked Relief Corps region update

the internal emergency plan and the supporting documents for the establishment of zones of emergency

planning and processing of the external emergency plan to 1. June

2016, if these documents processed according to existing laws,

the regulations do not comply with the requirements of this Act and the conditions for the inclusion of

object to a group or to the Group and (B) pursuant to this Act is unchanged.



(5) If an operator is found on the basis of a review of the list of processed

According to the law No 59/2006 Coll., as amended effective prior to the date

the effectiveness of this law, carried out in accordance with paragraph 4, shall be amended

the conditions for the inclusion of an object to A group or to the Group B referred to in

§ 5 (3). 1 or 2 of this Act, and submit the regional authority processes



and a proposal to amend the classification) and the assessment of the risk of a major accident up to 1 year

from the date of entry into force of this Act, and



(b) the security program or safety) report and the regional authority, and

the most well-liked Relief Corps region internal emergency plan and supporting documents

for the determination of zones of emergency planning and for external processing

emergency plan for 2 years from the date of entry into force of this Act.



(6) the Legal or natural person-entrepreneur, which uses the object according to the

Law No 59/2006 Coll., as amended effective before the date of entry into force of

This law, examine the list of processed according to law No 59/2006 Coll.

in the version effective before the date of entry into force of this Act, and shall ensure

updating the Protocol on non-processed in accordance with law No 59/2006

Coll., as amended effective prior to the date of entry into force of this Act, if

does not meet the requirements of this law, and updated the Protocol on the

non-inclusion, subject to the conditions referred to in section 4, paragraph 4. 3 of this

law, shall provide the regional office within 1 year from the date of entry into force of

of this law. Detects if the legal or natural person established in the

the basis of a review carried out pursuant to the first sentence of the list that meets the


the conditions for the inclusion of an object to A group or to the Group B referred to in

§ 5 (3). 1 or 2 of this Act, and submit the regional authority processes

the proposal on the inclusion of up to 1 year from the date of entry into force of this Act, and

proceed in accordance with paragraph 5 (b). (b)).



(7) the user of the object that are not covered by law No 59/2006 Coll., in

the texts of the effective prior to the date of entry into force of this law, the processes

the list under this Act, and if it finds, on the basis that they are fulfilled

the conditions for the inclusion of an object to A group or to the Group B referred to in

§ 5 (3). 1 or 2 of this Act, and submit the regional authority processes

the proposal on the inclusion of up to 1 year from the date of entry into force of this Act, and

proceed in accordance with paragraph 5 (b). (b)). If it finds, on the basis

the list that do not meet the conditions for the inclusion of an object to A group

or to group (B) referred to in section 5 (3). 1 or 2 of this law, the processes

Protocol on non-inclusion under this Act and, if they are met

the conditions referred to in section 4, paragraph 4. 3 of this Act, submit it to the regional

the Office within 1 year from the date of entry into force of this Act.



section 56



Cancellation provisions



Shall be repealed:



1. Law No 59/2006 Coll. on the prevention of major accidents caused by

selected hazardous chemicals or chemical products and

Amendment of the Act No. 258/2000 Coll., on the protection of public health and

some related laws, as amended by later regulations, and act

No. 320/2002 Coll., amending certain laws in connection with the

the termination of the activities of the district offices, as amended,

(the law on the prevention of major accidents).



2. Part seven of law No 362/2007 Coll., amending Act No. 262/2006

Coll., the labour code, as amended, and other related

laws, as amended by Act No. 466/2001 Sb.



3. Part one hundred seventieth first Act No 227/2009 Coll., amending

Some laws in connection with the adoption of the law on basic registers.



4. Part of the hundred of sixties third Act No 281/2009 Coll., amending

Some laws in connection with the adoption of the tax code.



5. Law No 488/2009 Coll., amending Act No. 59/2006 Coll., on

the prevention of serious accidents caused by selected hazardous

chemicals or chemical preparations and on the amendment of Act No.

258/2000 Coll., on the protection of public health and amendment to certain

related laws, as amended, and Act No.

320/2002 Coll., amending certain laws in connection with the

the termination of the activities of the district offices, as amended,

(the law on the prevention of major accidents), in the wording of later regulations.



6. Part two of the Act No 61/2014 Coll., amending Act No. 350/2011

Coll., on chemical substances and chemical mixtures and amending certain

laws (chemical Act), as amended by Act No. 279/2013 Coll., and some

other laws.



7. the regulation of the Government No. 254/2006 Coll., on the control of dangerous substances.



8. Decree No. 103/2006 Coll., laying down the principles for defining the zone

emergency planning and the extent and method of the development of the external

emergency plan.



9. Decree No. 250/2006 Coll., laying down the scope and the content of the

security measures of physical protection of the object or device

classified in Group A or group B.



10. Decree No. 255/2006 Coll., on the extent and manner of processing

a major accident and the final report on the occurrence and effects of a major accident.



11. Decree No 256/2006 Coll., on details of the system of prevention

major accidents.



PART THE SECOND



Amendment of the Act on administrative fees



§ 57



In the annex to the Act No 634/2004 Coll., on administrative fees, as amended by

Law No. 217/2005 Coll., Act No. 228/2005 Coll., Act No. 357/2005 Coll.

Act No. 361/2005 Coll., Act No. 444/2005 Coll., Act No. 545/2005 Coll.

Act No. 553/2005 Coll., Act No. 48/2006 Coll., Act No. 56/2006 Coll.

Act No. 57/2006 Coll., Act No. 81/2006 Coll., Act No. 109/2006 Coll.

Act No. 112/2006 Coll., Act No. 130/2006 Coll., Act No. 137/2006 Coll.,

Act No. 137/2006 Coll., Act No. 159/2006 Coll., Act No. 179/2006 Coll.

Act No. 186/2006 Coll., Act No 215/2006 Coll., Act No. 226/2006 Coll.

Act No 227/2006 Coll., Act No. 235/2006 Coll., Act No. 309/2006 Coll.,

law no 575/2006 Coll., Act No. 106/2007 Coll., the Act No. 261/2007 Coll.

Act No. 269/2007 Coll., Act No. 374/2007 Coll., Act No. 379/2007 Coll.

Act No. 38/2008 Coll., Act No. 130/2008 Coll., Act No. 140/2008 Coll.,

Law No. 182/2008 Coll., Act No. 189/2008 Coll., Act No. 230/2008 Coll.,

Act No. 239/2008 Coll., Act No. 254/2008 Coll., Act No. 296/2008 Coll.,

Act No. 297/2008 Coll., Act No. 301/2008 Coll., Act No. 309/2008 Coll.,

Act No 312/2008 Coll., Act No. 382/2008 Coll., Act No. 9/2009 Sb.

Act No. 41/2009 Coll., Act No. 141/2009 Coll., Act No. 197/2009 Sb.

Law No. 206/2009 Coll., Act No. 227/2009 Coll., Act No. 281/2009 Sb.

Law No. 291/2009 Coll., Act No. 301/2009 Coll., Act No. 346/2009 Sb.

Act No 420/2009 Coll., Act No. 132/2010 Coll., Act No. 148/2010 Sb.

Act No. 153/2010 Coll., Act No. 160/2010 Coll., Act No. 343/2010 Sb.

Law No 427/2010 Coll., Act No. 30/2011 Coll., Act No. 105/2011 Sb.

Act No. 133/2011 Coll., Act No. 134/2011 Coll., the Act No. 152/2011 Sb.

Act No. 188/2011 Coll., Act No. 245/2011 Coll., Act No. 249/2011 Sb.

Act No. 255/2011 Coll., Act No. 262/2011 Coll., Act No. 300/2011 Sb.

Act No. 308/2011 Coll., Act No. 329/2011 Coll., the Act No. 344/2011 Sb.

Act No. 349/2011 Coll., Act No. 350/2011 Coll., Act No. 357/2011 Sb.

Law No 375/2011 Coll., Act No. 428/2011 Coll., Act No. 457/2011 Sb.

Law No. 458/2011 Coll., Act No. 472/2011 Coll., Act No. 19/2012 Sb.

Act No. 37/2012 Coll., Act No. 53/2012 Coll., Act No. 119/2012 Sb.

Act No. 169/2012 Coll., Act No. 172/2012 Coll., Act No. 202/2012 Sb.

Act No. 221/2012 Coll., Act No. 225/2012 Coll., Act No. 274/2012 Sb.

Law No. 350/2012 Coll., Act No. 359/2012 Coll., Act No. 399/2012 Sb.

Law No. 407/2012 Coll., Act No. 428/2012 Coll., Act No. 496/2012 Sb.

Act No. 502/2012 Coll., Act No. 503/2012 Coll., Act No. 50/2013 Sb.

Law No. 69/2013 Coll., Act No. 102/2013 Coll., Act No. 170/2013 Sb.

Act No. 185/2013 Coll., Act No. 186/2013 Coll., Act No. 232/2013 Sb.

Act No. 239/2013 Coll., Act No. 241/2013 Coll., Act No. 257/13 Sb.

Act No. 273/2013 Coll., Act No. 279/2013 Coll., Act No. 281/2013 Sb.

Act No. 306/2013 Coll., Act No. 313/2013 Coll., legal measures

The Senate no 344/2013 Coll., Act No. 101/2014 Coll., Act No. 127/2014 Sb.

Act No. 187/2014 Coll., Act No. 249/2014 Coll., Act No. 257/2014 Sb.

Act No. 259/2014 Coll., Act No. 264/2014 Coll., Act No. 268/2014 Sb.

Act No. 331/2014 Coll., Act No. 81/2015 Coll. and Act No. 103/2015 Sb.

for item 101 the following item 102, including notes below

line 80:



"Item 102



1. Receipt of the application for approval of a ^ 80)



and security programme) draft Prevention of major accidents Czk 40 000



(b) security update program) major accident prevention Czk 20 000



(c) the design of the safety report) Kč60 000



(d) security update message) Usd 30 000



(e)) the draft assessment report safety reports Czk 15 000



2. Receipt of the application for the issue of a binding opinion in accordance with the law

on the prevention of major accidents ^ 80) $ 25 000



80) Law No 224/2015 Coll. on the prevention of major accidents caused by

selected hazardous chemicals or chemical mixtures and

Amendment of the Act No. 634/2004 Coll., on administrative fees, as amended by

subsequent legislation (the law on the prevention of major accidents). ".



PART THE THIRD



The EFFECTIVENESS of the



section 58



This Act shall take effect on the first day of the calendar month

following the date of its publication.



in from Arvind at r..



Zeman in r.



Sobotka in r.



Annex 1



The minimum quantity of dangerous substances, which are authoritative for the inclusion of

object to group A or group B and for the addition of a proportional quantity

dangerous substances



1. Hazardous substances falling into categories of danger laid down in

column 1 of table I to this annex shall be subject to quantity qualifier

set out in columns 2 and 3.



2. Hazardous substance placed in the object only in the same or

less than 2% of the amount of the dangerous substances listed in table I or

Table II will be located for the purposes of calculating the total amount of

dangerous substances used, if its location is such that the

cannot act as an initiator of a major accident there on another site

object.



3. If a hazardous substance or more dangerous substances referred to in

Table II also belongs to a group with the selected hazardous

the properties listed in table I shall be applied for their inclusion in the

Group A or group B the quantities listed in table II.



4. If it is a dangerous substance, which has more of the hazardous properties

listed in table I shall be applied for its inclusion into the Group and or

in Group B the lowest amount of the quantities referred to in its dangerous

properties in table I.



5. Substances and mixtures are classified in accordance with Regulation (EC) no 1272/2008, the

as amended.



6. the qualifying quantities Mentioned always relate to the individual object

of the operator.



7. in the event that the hazardous substance is placed in multiple locations of the object,

shall be the sum of all partial quantities of one type of the dangerous

substances that are placed on the object. This sum is the default

the quantity of dangerous substances, according to which the object is assigned to the Group and

or (B) the Census rules for use, however, apply the lowest

the qualifying quantities for each group category (a)), (b)) and

(c)) to the appropriate qualifications.



8. The formula for counting of the proportional quantity of dangerous substances



For objects that do not present any individual substance or mixture in the

above or equal to the relevant qualifying

the quantities, the following rule is used to determine whether the

the object subject to the obligations of the operator under this Act:



n qi

N = SUM-----


I = 1, Qi



where:

Qi = the quantity of dangerous substance, and placed in the object

Qi = the quantity of dangerous substances mentioned in column 2 and (when assessing object classification in Group A)

or column 3 (when assessing object classification into Group B) of table I or table II,

n = the number of hazardous substances,

N = indicator expressing the sum of the ratios of qi ku Qi.



This rule is used in the assessment of health hazards,

physical hazards and hazards to the environment. It must be

Therefore, use three times:



and) to add hazardous substances listed in table I, which fall within the

acute toxicity, category, class 1, 2 or 3 (inhalation route)

or for specific target organ toxicity – single exposure

category 1, with dangerous substances falling within section (H) class H1 to

H3;



(b)), to add the dangerous substances listed in table I, which are

explosives, flammable gases, flammable aerosols, oxidizing gases, flammable

liquids, self-reactive substances and mixtures, organic peroxides,

autoignition of liquid and solid substances, oxidizing liquids and solids, with

hazardous substances falling within section P classes P1 to P8;



(c)), to add the dangerous substances listed in table I of that fall

hazardous to the aquatic environment, acutely, chronically, category 1

category 1 or category 2 with a chronically dangerous substances

falling within section E of classes E1 and E2.



The relevant provisions of this law shall apply, if any of the

the totals obtained for and), b) or c) is greater than or equal to 1.



The operator assigns the object to the



and if) group is the result of N is greater than or equal to 1,

use the quantity Q referred to in column 2 of table I or table II,



(b)) in Group B, if the result is N is equal to or greater than 1,

use the quantity Q referred to in column 3 of the table I or table II.



9. for the purposes of this Act, a gas is any substance whose

the absolute vapour pressure at the temperature of 20 ° C is equal to 101.3 kPa or is

larger, more liquid is any substance that is not defined as a gas and

that is not a solid substance at a temperature of 20 ° C and a standard pressure of 101.3

kPa.



10. in the event that, in column 2 of table II is not stated qualification

the quantity of dangerous substances, is for this substance, only the Group (B).



11. Mixtures shall be treated in the same way as with the pure substances, if

remain within the limits of concentration laid down by their properties

Regulation (EC) no 1272/2008 in note 1, or their latest

adapting to technical progress, if not explicitly indicate the percentage

composition or other description.



12. Dangerous substances which are not covered by Regulation (EC) No.

1272/2008, but nevertheless are or could be present in the object and have the

or could have, under the conditions existing in the object of equivalent

properties in terms of major-accident potential, including waste, will be

temporarily assigned to the most appropriate category or assigned to

the most appropriate notably referred to the category or dangerous substance

falling within the scope of this Act.



13. in the case of dangerous substances, whose properties have led to more than one

classification, for the purposes of this Act, applies the lowest qualifying

the quantity.



NOTES



1. Dangerous substances falling within class acute toxicity category 3

the oral route of exposure (H 301) fall within the hazard class H2 ACUTE

TOXICITY in those cases when you cannot derive or classification of acute

inhalation toxicity or acute dermal toxicity classification, for example,

as a result of the lack of credible data on inhalation and dermal

the toxicity.



2. the hazard Class of the explosive contains explosive items (see section

2.1 of annex I to Regulation (EC) no 1272/2008). If it is known quantity

explosive substances or mixtures contained in the subject, for the purposes of

This Act this quantity. If it is not the quantity of explosive substances or mixtures

contained in the subject known, it shall be deemed for the purposes of this Act, for the

the whole subject of the explosive.



3. Testing the explosive properties of substances and mixtures, it is necessary only if the

If a screening test in accordance with section 3 of annex 6 of the UN Recommendations

for the transport of dangerous goods: Manual of tests and criteria (hereinafter referred to as

"Manual of tests and criteria, UN") ^ 24) finds that the substance or the mixture can

to have explosive properties.



4. where explosives falling within section 1.4 unpacked from the packaging or

again packaged are classified in accordance with Regulation (EC) no 1272/2008 of the

entries will not be shown if the P1a, that their gravity will continue to

corresponds to section 1.4.



5.1. Flammable aerosols shall be classified according to Council Directive 75/324/EEC of

20 December. May 1975 on the approximation of the laws of the Member States

relating to aerosol dispensers ^ 25) (directive on aerosol

dispensers). "Extremely flammable" and "inflammable" aerosols under Directive

75/324/EEC correspond to flammable aerosols category 1 and 2 according to the regulation

(EC) no 1272/2008.



5.2 in order to use this item, you must prove that the

aerosol dispenser contains flammable gas of category 1 or 2 or

flammable liquid category 1.



6. In accordance with section 2.6.4.5 Annex I to Regulation (EC) no 1272/2008 may not be

liquids with a flash point greater than 35 ° c are classified in category 3,

If negative results are obtained in test burning support L 2,

Part III, section 32 of the UN Manual of tests and criteria. When Stringer

conditions, such as high temperature or pressure, however, this does not apply, and

Therefore these fluids are included in this category.



7. Ammonium nitrate (5000/10000): fertilisers capable of self-sustaining

decomposition this applies to compound or mixed fertilizers based on

ammonium nitrate (compound or mixed fertilizers containing

ammonium nitrate with phosphate and/or potash), which are

capable of self-sustaining decomposition according to the UN Trough Test (see UNITED NATIONS

Manual of tests and criteria, UN, part III, subsection 38.2) and for which the

the nitrogen content of ammonium nitrate



-15.75% ^ 26) to 24.5% ^ 27) by weight, and which contain not more than

0.4% total combustible/organic materials or fulfil the requirements of

Annex III-2 of Regulation (EC) No 2003/2003 of 13 May 2003. October 2003

fertilisers ^ 28),



-15.75% by weight or less and flammable substances are not limited.



8. Ammonium nitrate (1 250/5 000): fertiliser grade this applies

to straight ammonium nitrate-based fertilisers and to compound

or compound fertilizer based on ammonium nitrate, which meet the requirements of

Annex III-2 of Regulation (EC) No 2003/2003, and in which the nitrogen content of the

ammonium nitrate



-more than 24.5% by weight, except for mixtures of ammonium nitrate with

Dolomite, limestone and/or calcium carbonate with a purity of at least 90%,



-more than 15.75% by weight for mixtures of ammonium nitrate and sulphate

ammonium,



-more than 28% by weight in the ^ 29) mixtures of ammonium nitrate with

Dolomite, limestone and/or calcium carbonate with a purity of at least 90%.



9. Ammonium nitrate (350/2500): technical, this applies to

ammonium nitrate and mixtures of ammonium nitrate, the nitrogen content of the

ammonium nitrate is:



-24.5% and 28% by weight, and which contain not more than 0.4%

combustible substances,



-more than 28% by weight, and which contain not more than 0.2%

flammable substances.



This also applies to aqueous ammonium nitrate solutions in which the

its concentration exceeds 80% by weight.



10. Ammonium nitrate (10/50): "off-spec" (odd) and

fertilizer, fulfilling the detonation test this applies to:



-the material disposed during the manufacturing process and to ammonium nitrate and

a mixture of ammonium nitrate, a one-Pack-nitrate based fertilisers

ammonium compound or compound fertilizer based on ammonium nitrate

referred to in Notes 8 and 9 that are returned or have been returned

the ultimate user of the producers, in temporary storage, or in

processing equipment for the processing, use or processing for the

safe use, because they no longer meet the requirements referred to in

Notes 8 and 9,



-fertilisers referred to in notes 7 and the first indent in footnote 8 to this

the annex, which do not comply with the requirements of annex III-2 of Regulation (EC) No.

2003/2003.



11. Potassium nitrate (5000/10000):



This applies to composite potassium-nitrate based fertilisers with

potassium nitrate in prilled/granular form as granules, which have

the same dangerous characteristics as pure potassium nitrate.



12. Potassium nitrate (1 250/5 000):



This applies to composite potassium-nitrate based fertilisers with

potassium nitrate in crystalline form that have the same dangerous

properties as pure potassium nitrate.



13. Modified biogas



For the purposes of the implementation of this law is a modified biogas classifies in

item 18 of table II, if it was processed in accordance with the standards in force

for biogas is purified and modified by guaranteeing the same quality, as the

natural gas, including methane content, and if it contains no more than 1%

the oxygen.



14. Polychlorodibenzofurany and polychlorodibenzodioxiny Quantities

polychlorodibenzofuranů and polychlorodibenzodioxinů are calculated with

using the following factors:



-------------------------------------------------------------------

Who 2005 TEF

-------------------------------------------------------------------

2, 3, 7, 8-TCDD 1 2, 3, 7, 8-TCDF 0.1

1, 2, 3, 7, 8-PeCDD 1 2, 3, 4, 7, 8-PeCDF 0.3

1, 2, 3, 7, 8-PeCDF 0.03



1, 2, 3, 4, 7, 8-HxCDD 0.1

1, 2, 3, 6, 7, 8-HxCDD 0.1 1, 2, 3, 4, 7, 8-HxCDF 0.1

1, 2, 3, 7, 8, 9-HxCDD 0.1 1, 2, 3, 7, 8, 9-HxCDF 0.1

1, 2, 3, 6, 7, 8-HxCDF 0.1

1, 2, 3, 4, 6, 7, 8-HpCDD 0.01 2, 3, 4, 6, 7, 8-HxCDF 0.1



OCDD 0.0003 1, 2, 3, 4, 6, 7, 8-HpCDF 0.01

1, 2, 3, 4, 7, 8, 9-HpCDF 0.01



OCDF 0.0003

-------------------------------------------------------------------

(T = tetra, P = penta, Hx = hexa, Hp = hepta, O = OCTA) Source-Van den Berg: The etal 2005

World Health Organization Re-evaluation of Human and Mammalian Toxic Equivalency Factors for


Dioxins and Dioxin-like Compounds



15. If this dangerous substance falls into the category of the P5a flammable liquid

or P5b flammable liquid, shall apply for the purposes of this Act, the lowest

the qualifying quantities.



Annex 2



A model protocol for the non-inclusion of



Annex 3



PART I



Criteria for the notification of a major accident Commission



Each fatal accident referred to in paragraph 1 or having at least crash

one of the effects referred to in paragraphs 2 to 6 shall be notified to the Commission.



1. Hazardous substances



Any fire or explosion or accidental discharge of a dangerous substance in

the quantity of at least 5% of the qualifying quantity laid down in column 3

table I or table II in column 3 of the annex No 1 (hereinafter referred to as

hazardous substance).



2. Injury to persons and damage to property resulting in the



and death)



(b)), at least 6 injuries of employees or other individuals

staying in the building, if their hospitalization exceeded the period of 24

hours,



(c)), at least one person injured outside the object, if her hospitalization

exceeds 24 hours,



(d)) damage to one or more dwellings outside the object, which as a result

the crash became uninhabitable,



(e) the need to implement the evacuation) or hide people in the building for a longer period

than 2 hours, if the total duration of the evacuation converted or hidden people

(number of persons multiplied by time) exceed 500 hours



f) interruption in the supply of drinking water, electric and thermal energy, gas

or telephone connection for longer than 2 hours, if the total

translated at the time the interruption of supply (number of persons multiplied by time) exceeded

1 000 hours.



3. Fatal crash caused by a hazardous substance if it has the effect of

environmental harm



and protected territory) under other rules, that is. specially protected

territories and the territories of NATURA 2000, the renowned bands protection

water resources and mineral water sources protection zones covering an area of

equal to or greater than 0.5 ha,



(b)), the other territory of the same or larger than 10 ha,



(c) the length of the water flow) equal to or greater than 10 km,



d) artificial or natural body of surface water that do not have the status of

water tank under another law, of reaching

or exceeding 1 ha.



4. Fatal crash caused by a hazardous substance if it has the effect of

the ecological harm, i.e. collector. the rock environment in the zone of saturation

outside in the place of collection or accumulation of groundwater or pollution

the groundwater of the same or larger than 1 ha.



5. serious accidents caused by hazardous substance listed in the annex No. 1.

This law, if it has the effect of



and the object of the originator) damage major accident of the same or

in excess of 70 miles. CZK



b) damage to property outside the object of the originator of the crash of the same or

exceeding 7 million. CZK.



6. Fatal accidents caused by dangerous substance leading to consequences

outside the territory of the Czech Republic.



PART II



The extent to which the Ministry shall inform the Commission about the fatal crash

meeting the criteria listed in part I of this annex



The Ministry will provide the Commission of a serious crash, which occurred on the territory of the

The Czech Republic, the following information:



and) identification and contact information of the Ministry as the authority responsible

for the awareness of the Commission,



(b)), the date and time when the fatal crash occurred and place where the so

happened, including the identification of the data object, in which the creation of

a serious accident occurred, and its operator,



(c) a brief description of the circumstances) the major accident, including the present

dangerous substances and the immediate effects on human health and the

environment,



(d)), a brief description of the emergency measures taken and preventive measures

necessary to prevent the recurrence of a serious crash,



(e)) the results of their analysis and recommendations.



Annex 4



The information needed to assess a substance does not constitute a risk of

major accident



1. The assessment of whether a substance does not pose a risk of serious accidents,

contains one or more of the characteristics of this substance:



and the physical form of the dangerous substance) under normal conditions of processing or

manipulation or unplanned loss of the packaging and, if appropriate, is

should also take into account the packaging and packaging of dangerous substances, species, in particular

If you are covered by another law;



(b) the intrinsic property of a dangerous substance), in particular properties that

associated with incorporating a behavior when a major accident scenarios, as

for example, the molecular weight and the pressure of the saturated steam;



(c) the maximum concentration of the substances in) the case of mixtures.



2. For the purposes of point 1 letters and) and b) must the information needed to assess the

Properties causing health hazards, physical

the hazards and hazards to the environment of hazardous substances

or mixtures include:



and a comprehensive list of properties) is needed to assess the potential

hazardous substances cause physical or health damage or

damage to the environment;



(b)) the physical and chemical properties (for example, molecular weight, pressure

saturated steam, its own toxicity, boiling point, viscosity, reactivity,

solubility and other relevant properties);



(c)), that represent properties for health and physical hazards

the hazards (such as reactivity, flammability, toxicity, together with other

factors, as is the way of penetration into the body, the ratio of injuries to mortality,

the long term effects and other relevant properties);



d) properties, which represent a danger to the environment

(for example, Ecotoxicity, persistence, bioaccumulation, potential for

remote transmission in the environment, and other relevant properties);



e) if available, the classification of the substance or mixture according to the classification

According to another legal act;



(f)) for information about specific operating conditions of the substance (for example,

temperature, pressure, and other relevant conditions) under which the dangerous

the substance is stored, used or may be present in the case of

foreseeable emergency operating condition or in case of an accident,

for example, fire.



1) directive of the European Parliament and of the Council of 2012/18/EU of 4 June. July

2012 on the control of major-accident hazards involving dangerous

of substances and about the change and the subsequent annulment of Council Directive 96/82/EC.



2) Act No. 219/1999 Coll., on the armed forces of the Czech Republic, in the

as amended.



3) Law No. 18/1997 Coll. on peaceful uses of nuclear energy and

ionizing radiation (the Atomic Act) and amending and supplementing certain

laws, as amended.



4) for example, Act No 111/1994 Coll. on road traffic, as amended by

amended, law No 266/1994 Coll., on rail, as amended by

amended, law No 114/1995 Coll. on inland navigation, in

as amended, Decree No. 64/1987 Coll., on European Agreement concerning the

the international carriage of dangerous goods by road (ADR), as amended by

amended, Decree No. 8/1985 Coll., on the Convention on the international

Rail (COTIF), as amended.



5) for example, Act No. 458/2000 Coll., on conditions for business and performance

State administration in the energy sectors and on amendments to certain laws

(Energy Act), as amended.



6) Act No. 61/1988 Coll. on mining activities, explosives and the State

Mining Administration, as amended.



Act No. 62/1988 Coll., on geological works, as amended

regulations.



7) Act No. 44/1988 Coll., on the protection and utilization of mineral resources

(the top Act), as amended.



Act No. 458/2000 Coll., as amended.



8) Law No 185/2001 Coll., on waste and amending certain other

laws, as amended.



9) European Parliament and Council Regulation (EC) no 1272/2008 of 16 September.

December 2008 on classification, labelling and packaging of substances and mixtures, amending

and repeal directives 67/548/EEC and 1999/45/EC and amending Regulation (EC) No.

1907/2006.



10) for example, Act No. 254/2001 Coll., on the waters of and amendment to certain

laws (the Water Act), as amended by later regulations, and Act No. 133/1985

Coll., on fire protection, as amended.



11) section 8 of Act No. 123/1998 Coll., on the right to information on the

the environment, as amended.



12) Law No 273/2008 Coll., on the police of the Czech Republic, as amended by

amended.



13) Law No. 123/1998 Coll., as amended.



Act No. 106/1999 Coll., on free access to information in the text of the

amended.



for example, law No 14) 239/2000 Coll., on the integrated rescue system

and amending certain laws, as amended, law No.

240/2000 Coll., on crisis management and on amendments to certain acts (the crisis

Act), as amended.



15) Law No. 239/2000 Coll., as amended.



16) Act No. 183/2006 Coll. on territorial planning and building regulations

(the building Act), as amended.



17) Law No 89/2012 Coll., of the civil code.



18) Act No. 277/2009 Coll., on insurance, as amended

regulations.



19) Law No. 123/1998 Coll., as amended.



20) section 10a of Act No. 123/1998 Coll., as amended.



21) Law No 240/2000 Coll., as amended.



22), for example, Act No. 114/1992 Coll., on nature and landscape protection, in

as amended, Act No. 254/2001 Coll., as amended

regulations.



24) More instructions to the remission of the test, see the description of the method and 14, see

Commission Regulation (EC) no 440/2008 of 30 June. May 2008

lays down test methods pursuant to regulation of the European Parliament and of the Council

(EC) No 1907/2006 concerning the registration, evaluation, authorisation and restriction of

chemical substances (OJ. L 142, 31. 5.2008, p. 1).



25) OJ C. 25. L 147, 9. 6.1975, p. 40



26) the nitrogen content of ammonium nitrate corresponds to 45 15.75% by weight

% ammonium nitrate.



27) the nitrogen content of the ammonium nitrate 24.5% by weight corresponds to 70% of the

the concentration of ammonium nitrate.



28) Oj. 25. L 304, 21.11.2003, p. 1.



29) the nitrogen content of the ammonium nitrate is 28% by weight corresponds to 80% of the

the concentration of ammonium nitrate.