259/2014 Sb.
LAW
of 22 March. October 2014
the precursors of explosives and on the amendment of Act No 634/2004 Coll., on administrative
fees, as amended (the law on precursors
explosives)
Parliament has passed the following Act of the Czech Republic:
PART THE FIRST
PRECURSORS OF EXPLOSIVES
§ 1
The subject of the edit
(1) This Act regulates the following on directly applicable provision
^ 1 of the European Union), which lays down the conditions for the marketing of precursors
explosives on the market and their use (hereinafter referred to as "the regulation"), the rights and
the obligation to make and import of precursors of explosives (hereinafter referred to as
"making available") in their possession, use, and also in their
authorization ^ 2) ^ 3) registration and notification ^ 4).
(2) this Act does not apply to the substances and articles referred to in the article. 2 (2).
2 Regulation.
§ 2
Making, possession and use of explosives precursors subject to
restrictions
(1) the precursors of explosives subject to the restrictions may be persons from among the
^ 5) for the general public, and may be held by or
used only on the basis of
the authorisation referred to in article). 4 (4). 2 and article. 7 of the regulation, or
(b) in the cases referred to) registration in the article. 4 (4). 3 of the regulation.
(2) the Precursors of explosives subject to the restriction, you can offer also the
through the Internet, if
and to ensure that measures are taken) to make them accessible only to persons of
the general public, who are holders of a valid authorisation, if
their disclosure is subject to authorisation, or
(b)) is ensured by the registration under section 6 (1). 1 (a). (c)), if their
disclosure is subject to registration.
(3) the operator ^ 6), which allows the disclosure of precursors
explosives subject to restrictions through the Internet, is before the
their disclosure shall inform a person from the general public
and make this) to ban goods without a permit, if their
disclosure is subject to authorisation, or
(b)) about the fact that disclosure is subject to registration if their
disclosure is subject to registration.
(4) for the mail order disclosure of the provisions of paragraphs 2 and 3 apply mutatis mutandis.
(5) the Precursors of explosives subject to restrictions shall be made available
persons from the general public under the age of 18 years; in the case of such persons
You cannot issue a permit nor register transaction.
§ 3
The application for authorisation
The request for authorisation referred to in article. 4 (4). 2 and article. 7 of the Regulation (hereinafter referred to as
"authorisation") may be made by a person from the general public for the district
Mining Authority. The request must contain, in addition to the General requirements
laid down in the administrative regulations of the
and) the name or names of precursors of explosives subject to restrictions, for
which permission is requested,
(b)) the purpose for which they are to be precursors of explosives subject to restrictions
used, and
(c) a justification for the use of a required precursor).
§ 4
The decision on authorisation
(1) a permit shall be decided by the district mining Office. District mining Office
before issuing the authorisation requests a binding opinion of the Regional Directorate
The police of the Czech Republic, the competent according to the place of residence of persons from among the
the general public, which asks for authorization. The Regional Directorate
The police of the Czech Republic without undue delay shall send to the district mining
the Office of its opinion, issued in terms of the public order and security
with regard to the credibility of the applicant and the purpose for which they are to be
precursors of explosives subject to restrictions applied. If you do not agree with the
granting of an authorisation, shall give reasons for its disagreement. If it is not bound by the opinion of the
the district mining Office delivered within 60 days from the date of receipt of the request
the regional directorates of the police of the Czech Republic, the regional
the Directorate of the police of the Czech Republic agrees with the issue of a permit.
The decision on authorisation shall send the district mining Office also to the Czech mining
the Office.
(2) in the case of mismatch binding opinion of the Regional Directorate
The police of the Czech Republic the district mining Office shall reject the application. The decision of the
the rejection of the application shall be sent to the Czech Mining Authority also.
(3) a permit is valid for 3 years from the entry into force and is non-transferable. In
the authorisation is in addition to the General requirements laid down by the administrative decision
the order of the name or names of the precursors of explosives subject to restrictions
and the purpose for which they are to be precursors of explosives subject to restrictions
used, or other conditions in terms of public order and
security, if the Regional Directorate in its affirmative opinion
These conditions shall specify.
(4) the holder of a permit shall, without undue delay, but within
60 days to report to the district mining Office, which issued the authorisation, each
a substantial change in the reality in which the authorization was granted.
§ 5
The demise of the validity and the withdrawal of authorisations
(1) the validity of the permit shall lapse on the expiry of three years from the entry into force or
the death of the holder.
(2) the district mining office permit issued shall be withdrawn if the
and it has been granted on the basis of) a false information,
(b)) are not complied with any of the conditions laid down in the authorization, or
(c)) material change in any of the facts which it was
permit issued.
(3) the decision to withdraw an authorisation shall be sent also to the Czech mining
the Office.
§ 6
Obligations of economic operators and individuals from the general public
(1) an operator who exposes persons of the General
precursors of explosives subject to restrictions to the public, must
and to ensure fulfilment of the obligations under) article. 5 of the regulation,
(b)) to verify pursuant to article. 4 (4). 6 and 7 of regulation force authorization, with the
the exception of explosives precursors, which are subject to registration,
(c)) to register the transaction in accordance with article. 8 of the regulation,
(d) register each disclosure precursors) subject to the limitations of the persons
from the general public effected on the basis of the authorisation, and including
the authorisation number and the identity card of a person from the general public;
the provisions of section 8 shall apply mutatis mutandis and
(e) a person from among the) issue the general public proof of registration of the transaction.
(2) a person from the general public is required before the acquisition of precursors
subject to the limitations of present economic operator
and identification and authorization), or
(b)) in the case of precursors of explosives subject to registration pursuant to article.
4 (4). 3 of the regulation, to allow registration of transaction data
According to the article. 8 (2). 2 Regulation.
(3) in the event that a person from the general public fails to fulfil the obligations
in accordance with paragraph 2, the operator shall not her precursors of explosives
to make available.
(4) the operator is required to notify the Czech Mining Authority of each
launch of a new product type, containing the precursors of explosives
subject to the restrictions on the market of the Czech Republic, including its
the chemical composition and the trade name.
(5) the operator supplies to the market of the substances and mixtures as referred to in
the annexes to the regulation, it is obliged to immediately notify the Czech mining
the Office and the police of the Czech Republic
and the suspicious transaction) ^ 7) according to the article. 9 (2). 1 of regulation or the attempt to
NI,
(b)) a significant loss or theft of explosives precursors pursuant to article. 9 (2). 4
of the regulation.
(6) whenever disclosure of precursors subject to restrictions based on the
the operator performs the authorization record on the reverse of the authorization.
(7) a person from the general public is required to document referred to in paragraph 1
(a). (e)) for a period of 5 years.
section 7 of the
Unmarked products
Supervisory authority finds that the packaging of the product containing
precursors of explosives subject to restrictions not clearly stated that the
dealing with such a product can be either on the basis of a valid residence document,
or on the basis of registration, it shall forthwith notify the district
Mining Authority.
§ 8
The registration of the registered transactions
(1) the Transaction Manager registered under section 6 (1). 1 (a).
(c)) is an operator that exposes the precursors of explosives
subject to the restrictions on persons from the general public.
(2) the register referred to in paragraph 1 is non-public; the administrator shall ensure the protection of the
the data held in the register and the data from the register at the request of the Czech
commercial inspection, the authorities of the State Mining Authority, the police of the Czech
Republic and the intelligence services.
(3) the operator handles the data to the extent and in the manner
laid down in article 4(1). 8 (2). 2 to 4 of regulation.
§ 9
Point of contact and registration information on precursors of explosives
(1) the Czech mining Office is within the meaning of article. 9 (2). 2 Regulation contact
the place to which the operator is obliged to transmit the information referred to in
section 6 (1). 5.
(2) the Czech mining Office keeps the central register of information on precursors
explosives. This evidence is open to the public and contains information about the
a) suspicious transaction reports, and experiments on them,
b) denials about the issue of the permit,
c) authorizations issued,
(d) decisions on the withdrawal of authorisation) and
(e) significant loss or theft) precursors of explosives referred to in
Annexes I or II to the regulation.
(3) the Registered particulars referred to in paragraph 2 provides the Czech mining Office other
public authorities, if this is necessary for the performance of a particular task when
the provision of
and the security of the Czech Republic),
(b) the defence of the Czech Republic),
(c)) of the public order and internal security, or
(d)) the prevention, search, detection and prosecution of crime
criminal offences.
§ 10
The performance of State administration
(1) the State administration under this Act shall be exercised by
and the district authorities, mining)
(b)), the Czech mining Office,
(c)), the Czech trade inspection.
(2) the district mining offices
and decide on applications for) authorisation and shall decide on its withdrawal in the
cases provided for in this Act,
(b)) shall exercise control on the basis of notification submitted under section 7.
(3) the Czech mining Office
and) perform the tasks of a contact point, including the keeping of records of suspects
transactions,
(b)) shall perform the tasks of a Member State to the European Commission as laid down by regulation,
(c)) leads the list of products containing precursors of explosives subject to
restrictions and exposes it on their website,
(d)), a central repository of information on precursors of explosives.
(4) the Czech trade inspection checks if the operator
and when disclosure) authenticates the precursors of explosives subject to restrictions
the validity of the authorisation, if the authorisation necessary for disclosure,
(b) the registration of transactions in) making the precursors of explosives
subject to the restrictions listed in the article. 4 (4). 3 of the regulation,
(c) precursors subject to disclosure) records the limitation to persons from among the
the general public carried out on the basis of a valid authorisation.
§ 11
Misdemeanors
(1) a natural person as a person from the general public commits
offence by
and) holds or uses a precursor of explosives subject to the restrictions on the territory of the
The Czech Republic in contravention of section 2 (2). 1, or does not have a document about
registration under section 6 (1). 7,
(b)) forged in the application for the authorization under section 3, or fails to notify
a substantial change in some of the facts referred to in section 4, paragraph 4. 4,
(c) the permit holder fails to meet) as one of the conditions referred to in
the authorization.
(2) for the offence is a fine of up to 50 stores the USD, in block management
up to CZK 5 000.
§ 12
Administrative offences of legal persons and natural persons-entrepreneurs
(1) a legal person and a natural person-entrepreneur as the economic
body committed misconduct by
and the disclosure) will allow the precursor of explosives subject to the limit without
a valid authorization or without registration, or allow the disclosure of
the precursor of explosives subject to the limitations of a person from the general public
under the age of 18 years,
(b)) in contravention of section 6 (1). 1 (a). and the obligation under article fails). 5
Regulation,
(c)) in contravention of section 6 (1). 1 (a). (b)) in accordance with article verifies the. 4 (4). 6 and 7
the validity of the regulation permits, with the exception of explosives precursors, which
subject to registration,
(d)) in contravention of section 6 (1). 1 (a). (c) registration or transaction does not)
contrary to section 8 (2). 3 does the information referred to in article about her. 8 of the regulation, or
leads an incompletely,
(e)) in contravention of section 6 (1). 1 (a). (d)) did not make the precursors
subject to the restrictions on persons from the general public in the
the basis of the authorization, or leads them incompletely,
(f)) in contravention of section 6 (1). 1 (a). (e)) shall not issue a proof of registration
the transaction,
(g)) in contravention of section 6 (1). 4 notifies the launch of a new product type,
containing the precursors of explosives subject to the restrictions on the market, or
does its chemical composition,
(h)) in contravention of section 6 (1). 5 notifies the suspect without undue delay
transaction or attempted by the article. 9 (2). 1 of regulation, or significant
the loss or theft of precursor of explosives according to the article. 9 (2). 4 of regulation,
I) in contravention of section 8 (2). 3 does not handle the registered
the transactions according to the article. 8 (2). 2 to 4 of the regulation, or
j) in contravention of section 14, paragraph. 2 does not pass the list of types to the Czech mining Office
products that are on the market and contain the precursors of explosives subject to
the restrictions.
(2) for the administrative offence is imposed to the above 100 000 CZK.
section 13
Common provisions in administrative deliktům
(1) a legal person and a natural person-entrepreneur as an economic
body for administrative offence does not match, if the shows that made
all the effort that it was possible to require that the infringement of the legal
the obligation to prevent.
(2) in determining the amount of the fine to take account of the seriousness of the misconduct,
in particular, the way a criminal offence and its consequences and to the circumstances in
which it was committed.
(3) liability of legal persons for the administrative offence shall cease, if the
the administrative authority about him has commenced proceedings in the 3 years of the date on which it
learned, but not later than 5 years from the day when it was committed.
(4) The responsibility for acts that occurred during the physical business
person or in direct connection with the applicable provisions of the law on
the liability of legal persons and sanctions.
(5) administrative offences under this Act shall discuss the Czech trade
inspection, with the exception of administrative offences according to section 12 paragraph. 1 (a). d), (f))
and (h)), which discusses the Czech mining Office and the offences under sections 11 and
administrative offences according to section 12 paragraph. 1 (a). (b)), which are discussed
the district mining offices.
(6) the Fines collected and enforced by the authority, which is saved. Revenue from fines is
income of the State budget.
(7) for the administrative offence under section 11 (2). 1 (a). and section 12) or paragraph. 1
(a). and along with the fine), you can save the confiscation of explosives precursor.
Confiscation of the precursor of explosives can be saved, if the precursor of explosives
belonged to the perpetrators of the misconduct, and he was to commit the administrative tort
used or designed, or administrative deliktem was obtained. The owner of the
the precursor of explosives confiscated becomes State, carrying out the liquidation
confiscated precursor of explosives shall be made at the expense of the offender.
§ 14
Transitional provisions
(1) the possession and use of explosives precursors subject to restrictions
persons from the general public, the following persons made available prior to the date
the entry into force of this law, it is possible to 2. March 2016.
(2) the operator whose products containing precursors of explosives
subject to the restrictions on the market on the date of entry into force of this Act,
passes to the 31. January 2015 to the Czech Mining Authority a list of the types of
the products, including their chemical composition and a business name.
PART THE SECOND
Amendment of the Act on administrative fees
§ 15
In point 1 of the annex to the Act 60 Item No. 634/2004 Coll., on administrative
fees, as amended by law No 148/2010 Coll., shall be added to letter l),
added:
"l) authorization for the handling of precursors of explosives subject to the limit of CZK
300. "
PART THE THIRD
The EFFECTIVENESS of the
section 16 of the
This law shall enter into force on the fifteenth day following its publication.
In r. hamáček.
Zeman in r.
Sobotka in r.
1) European Parliament and Council Regulation (EU) No 98/13 of 15 April.
January 2013 on the placing on the market of explosives precursors and their use.
2) Article. 4 (4). 2 Regulation.
3) Article. 4 (4). 3 of the regulation.
4) Article. 9 (2). 1 and 4 of the regulation.
5) Article. 3 (3). 7 of the regulation.
6) Article. 3 (3). 9 of the regulation.
7) Article. 3 (3). 8 of the regulation.
