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Amendment Of The Act Concerning The Conditions Of Placing Of Biocidal Products On The Market

Original Language Title: změna zákona o podmínkách uvádění biocidních přípravků na trh

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125/2005 Sb.



LAW



of 22 March. February 2005,



amending the Act No 120/2002 Coll., on conditions for the placing of biocidal

products and the active substances on the market and on the amendment of certain related

laws, as amended by Act No. 186/2004 Coll., and some other laws



Change: 350/2011 Sb.



Parliament has passed the following Act of the Czech Republic:



PART THE FIRST



Amendment of the Act concerning the conditions of marketing of biocidal products and active substances

on the market



Article. (I)



Act No 120/2002 Coll., on conditions for the placing of biocidal products and

active substances on the market and amending certain related laws, in

the text of Act No. 186/2004 Coll., is hereby amended as follows:



1. In article 1 (1). 1, after the words "the law", the words



"in accordance with the law of the European Communities ' ^ 1 ')".



Footnote 1:



"1) of Commission Regulation (EC) No 2032/2003 of 4 April 2003. November 2003 on the second

stage of the 10-year work programme referred to in article. 16. 2 of Directive

European Parliament and Council Directive 98/8/EC of 16 December 2002. February 1998 concerning the placing of

biocidal products on the market, and amending Regulation (EC) no 1896/2000.

Council Regulation (EEC) no 2455/92 of 23 July 1992. July 1992 concerning the export and

import of certain dangerous chemicals. Directive Of The European

Parliament and Council Directive 98/8/EC of 16 December 2002. February 1998 concerning the placing of biocidal

products on the market. ".



Footnote No. 1 is referred to as a footnote

No 1a, and including a reference to a footnote.



2. In article 2 (2). 2 the words "the biocidal product is a preparation containing

one or more active substances intended for destruction "shall be replaced by the words

"The biocidal product the active substance or preparation containing one

or more active substances intended to be skinny. "



3. In article 2 (2). 6, the words "the basic substance is a substance that is not

a substance is not explicitly intended for use as biocidal

preparation "shall be replaced by" the basic substance is a substance specified on the list

basic substances issued by the Ministry under section 3 (3). 5, which is not

a substance and is not explicitly intended for use as biocidal

the product ".



4. In article 2, paragraph 9 is added:



"(9) an indication of the biocidal product or active substance on the market is the moment

When are the biocidal product or an active substance for the first time for consideration or

free of charge or offered to surrender for the purpose of distribution,

export, processing or storage, other than storage for

disposal, or when they are transferred to them for the first time

ownership rights. Placing on the market means and date of manufacture or import of the

biocidal product or an active substance for operational needs at the

own business person that the biocidal product or active substance

produced or imported. ".



5. In section 2 paragraph 10 is added:



"(10) for the purposes of this Act, import means a release of the biocidal

the product or active substance in customs procedure of free circulation, or

the inward processing drawback. ".



6. In section 2, paragraph 11 shall be deleted.



7. The heading of title II:



"PLACING THE BIOCIDAL PRODUCT OR ACTIVE SUBSTANCE ON THE MARKET IN THE CZECH

REPUBLIC ".



8. In section 3, paragraph 1 reads:



"(1) the active substance may place on the market in the Czech Republic by natural persons

legitimate business and legal person under the conditions provided for in §

8, and the biocidal product on the basis of the authorization of the Ministry, if

This law does not provide otherwise. ".



9. In section 8, paragraph 5, including the footnote No. 9a is added:



"(5) the list of identified active substances and a list of the notified

active substances determined immediately binding regulation of the European

^ 9a) community.



9A) Commission Regulation (EC) No 2032/2003. ".



10. In section 22, paragraph. 1, the words "the competent district or municipal

hygienikovi "shall be replaced by the words" competent regional hygiene station ".



11. In section 22, paragraphs 2 and 3 shall be deleted.



Paragraphs 4 and 5 shall be renumbered as paragraph 2 and 3.



12. In section 22 paragraph 2 is added:



"(2) the regional hygiene station shall forward each year to 30. September

the Ministry of the summary report on the cases of poisoning biocidal products

or active substances and on the results of checks carried out in accordance with § 27 a

imposed fines in its circumference. ".



13. In section 23 (d)):



"(d) the regional hygiene station)".



Footnote 16 is hereby repealed.



14. In section 24, paragraph. 1 (a). j), the words "at the regional health officer" shall be replaced by

the words "the regional hygiene station".



15. In section 27, in the title and the introductory part of paragraph 1, the words

"The district health officer" shall be replaced by "the regional hygiene station".



16. In section 27. 1 at the end of subparagraph (e)) the comma is replaced by a dot and the

the letter f) shall be deleted.



17. In article 27, paragraph 2, including the footnote No. 15 is deleted and

at the same time, paragraph 1 shall be deleted.



18. section 28, including the title.



19. In section 30 and the letter):



"and they won't release the biocidal product) proposed customs procedure without

authorization, unless the law provides otherwise, or without the written

a declaration of the importer that the biocidal product is intended exclusively for the needs of

scientific research and development or for testing purposes. In the case of

doubts may apply to the Ministry for technical assistance, ".



20. In section 30 at the end of the period is replaced by a comma and the following point (e)),

added:



"e) natural persons entitled to the business and legal persons

fines for infringements of the provisions of section 19 to 21. ".



21. In section 31, the words "§ 28 paragraph. 1 "shall be replaced by" section 27 ".



22. In § 32 paragraph. 1, the words "the protection of public health, the competent authority of the

pursuant to section 27 and 28 "are replaced by the words" the regional hygiene station "and the words

"under section 27. 1 (a). (b)), or (c)) "shall be replaced by the words" in accordance with section 27 of the

(a). (b)), or (c)) ".



23. In section 32, paragraph. 2, the word "may" shall be replaced by the words "or of the Customs authorities of the

can ".



24. In § 33 paragraph. 1 in the first sentence, the words "the protection of the public authority

health or the Czech environmental inspection shall take into account "shall be replaced by

the words "the regional hygiene station, the Czech environmental inspection

or the Customs authorities shall take into account, "in the second sentence, the words" protection authority

public health or the Czech environmental inspection "shall be replaced by

the words "the regional hygiene station of the Czech environmental inspection

or the Customs authorities "and the words" the authority to protect public health "

replaced by the words "the regional hygiene station".



25. In section 33, paragraph. 2 the words "the authority of the public health or the United

environmental inspection failure or breach of the obligation

found "shall be replaced by the words" the regional hygiene station, Czech inspection

of the environment or the Customs authorities of the non-compliance or violations of the

the obligation to identify ".



26. In section 33, paragraph. 3, the words "the authority of the public health or the United

environmental inspection "is replaced by" regional health

the station, the Czech environmental inspection or customs authorities "means the.



27. In § 33 paragraph. 4, the first sentence shall be inserted after the phrase "in the case, that it was

proceedings for the imposition of fines on the same day the Czech inspections

the environment, the regional hygiene station or by the Customs authorities,

carry out the procedure for the imposition of fines, the Czech environmental inspection. About

initiation with the Czech environmental inspection, County

the health station and the Customs authorities inform each other. ".



28. In § 33 paragraph. 5, the words "public health"

replaced by the words "the regional hygiene station or by the Customs authorities."



29. In section 35, paragraph. 3 (b). (b)), the words "until 31 December 2007. December 2005 "shall be replaced by

the words "until 31 December 2007. August 2006 ".



PART THE SECOND



cancelled



Article II



cancelled



PART THE THIRD



Amendment of the Act on the protection of public health



Article. (III)



Act No. 258/2000 Coll., on the protection of public health and amendment to certain

related laws, as amended by Act No. 254/2001 Coll., Act No.

274/2001 Coll., Act No. 13/2002 Coll., Act No. 76/2002 Coll., Act No.

86/2002 Coll., Act No. 120/2002 Coll., Act No. 309/2002 Coll., Act No.

320/2002 Coll., Act No. 274/2003 Coll., Act No. 356/2003 SB., law No.

362/2003 Coll., Act No. 167/2004 Coll., the Act No. 326/2004 Coll. and act

No 562/2004 Coll., is hereby amended as follows:



1. In paragraph 6 of section 44a is inserted:



"(6) Physical persons older than 15 years and under the age of 18 years may dispose of

hazardous chemicals or chemical products

classified as toxic or corrosive only in preparation for the

occupation and under the direct supervision of a responsible person. With chemicals

or chemical preparations classified as very toxic may

handle only in preparation for the occupation and under the direct supervision of a person with

competence under section 44b of paragraph 1. 1. ".



2. In section 44b, paragraph. 1 (a). and) point 3 the words "and in their statement of

the study confirmed the successful execution of the tests of Toxicology "shall be deleted.



PART THE FOURTH



Amendment of the Act concerning the conditions of the acquisition and recognition of professional competence and

specialized competence for the exercise of the medical professions of doctor,

dentist and pharmacist



Article IV



Law No. 95/2004 Coll., on conditions for the acquisition and recognition of professional

competence and specialized competence to perform medical

the professions of doctor, dentist and pharmacist, shall be amended as follows:



1. In section 3, paragraph 2:



"(2) in justified cases, on request of the employer, if the

the employee, and the administrative authority which issued the medical worker

permission to operate a medical facility under the Special

legislation, 3) in the case of the health care worker providing

health care on its own behalf, is a health care professional shall be required to

demonstrate medical fitness for the exercise of the profession of medical opinion,

which issues registering the practitioner or physician racing

preventive care. ".



2. In article 3, paragraph 3:



"(3) For integrity, for the purposes of this Act shall be considered as one who has not been

nepodmíněnému been sentenced to imprisonment for an intentional

the offence was committed in connection with the provision of health care, or

the one which looks as if it has not been sentenced. 4) the integrity of the

evidenced by a statement of convictions, which may not be older than 90

days. Document integrity is always required before the start of the performance

the medical profession, and in justified cases also on request

the employer, in the case of the employee, or administrative office, which


doctors, dentists, or farmaceutovi issued the permission to operate

medical devices under special legislation. 3) ".



3. In article 28, the words "and of the implementing legislation ' shall be deleted.



4. In section 37, the words "§ 3 (3). 2.0 ' shall be deleted.



PART THE FIFTH



Amendment of the law on the paramedical professions



Article. In



Law No 96/2004 Coll., on conditions for the acquisition and recognition of competence to

the exercise of paramedical professions and to pursue activities

related to the provision of health care and to change some of the

related laws (the law on the paramedical professions),

is amended as follows:



1. In section 3, paragraph 2:



"(2) a medical worker and another specialist upon request

the employer, in the case of the employee, and a medical worker who

provides health care on its own behalf, on request of the administrative authority,

that gave permission for the operation of medical equipment according to the

special legal regulation, 4) in justified cases, shall be obliged to

demonstrate medical fitness for the exercise of the profession of medical opinion, 3)

which issues registering the practitioner or physician racing

preventive care. ".



2. In article 3, paragraph 3:



"(3) For integrity, for the purposes of this Act shall be considered as one who has not been

nepodmíněnému been sentenced to imprisonment for an intentional

the offence was committed in connection with the provision of health care, or

the one which looks as if it has not been sentenced. 5) proof of good repute

always be required before the start of the profession of medical

the worker and the other a specialist or also in other justified

cases; a medical worker and another specialist upon request

the employer, in the case of the employee, and a medical worker who

provides health care on its own behalf, on request of the administrative authority,

that gave permission for the operation of medical equipment according to the

special legal regulation, 4) is required to prove his integrity

a statement from the criminal register, which must not be older than 3 months. ".



3. In section 79, the words "and of the implementing legislation ' shall be deleted.



4. In section 90 of the paragraph. 2, letter e) shall be deleted.



Letter f) is renumbered as paragraph (e)).



PART SIX



The EFFECTIVENESS of the



Čl.VI



This Act shall take effect on the first day of the calendar month

following the date of its publication.



Zaorálek in r.



Klaus r.



Gross v. r.