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The Law On Fireworks

Original Language Title: zákon o pyrotechnice

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206/2015 Sb.



LAW



of 23 December 2003. July 2015



on pyrotechnic articles and their treatment and amending certain

laws (the law on Fireworks)



Parliament has passed the following Act of the United States:



PART THE FIRST



PYROTECHNIC ARTICLES



TITLE I OF THE



INTRODUCTORY PROVISIONS



§ 1



The subject of the edit



(1) this Act incorporates the relevant provisions of the European Union (^ 1)

"Union"), are governed by rules designed to achieve the free movement of

pyrotechnic products on the internal market, basic safety

requirements which pyrotechnic articles must meet before they are

at the market, and with other requirements to ensure the protection of human

life, health, property, public security, including the protection and

consumer safety, and taking into account the interests of the protection of

of the environment.



(2) this Act regulates the



and) the rights and obligations of manufacturers, importers, distributors of pyrotechnic

products and people with professional qualifications,



(b)) in the exercise of State administration of pyrotechnic articles,



(c)) the assessment of conformity of pyrotechnic articles.



§ 2



The scope of the



(1) this Act applies to certain pyrotechnic products, their

storage and handling.



(2) this Act does not apply to



a) pyrotechnic articles, which are intended for non-commercial use

the armed forces of the Czech Republic, armed security corps

The United States, or firemen Corps of the Czech Republic,



b) pyrotechnic articles manufactured or imported for the purposes of the Czech

the authority for the testing of weapons and ammunition (hereinafter referred to as "the authority") for the purpose of

the activities set out in section 52,



c) marine equipment under other legislation ^ 2)



d) pyrotechnic articles intended for use in the aerospace

industry,



e) caps intended specifically for toys under other legislation ^ 3),



f) explosives under other legislation ^ 4),



g) ammunition including ammo ^ 5),



h) Fireworks produced for own use manufacturer based

on the territory of the United States, that authority shall approve for use exclusively on

the territory of the United States and which remain on the territory of the Czech Republic,



as well as editing duties in production) pyrotechnic articles.



§ 3



Definition of terms



For the purposes of this Act, means the



and the bomb the product product) containing explosive substances or a mixture of

explosive substances designed to produce heat, light, sound, gas, smoke,

or a combination of such effects through self-sustained exothermic is

chemical reactions,



b) Fireworks pyrotechnic article intended for entertainment

purposes,



c) theatrical pyrotechnics pyrotechnical product designed for use on

the scenes inside the buildings and the outdoor scenes, including the film and

television productions,



d) bomb product for use in a vehicle component

safety equipment in the vehicle, which contains pyrotechnic substances

used to activate this or other device,



e) by a person with professional qualifications, the person that was the Czech mining

authority of the certificate of professional competence issued under this Act,



(f) free-market delivery) a pyrotechnic product for distribution, consumption

or use on the Union market in the course of a commercial activity, whether in return for payment

or free of charge,



g) placing on the market the first delivery of the pyrotechnic article on the Union market,



h) manufacturer of entrepreneurial natural or legal persons placing on the market

under his name or trademark, the pyrotechnic article,

manufactures, or which has designed or manufactured,



I) importer business natural or legal person established within the Union

which lists the pyrotechnic article from a third country on the Union market,



j) distributor of the natural or legal person established in the

the supply chain is different from the manufacturer or importer, which supplies

on the market of pyrotechnic article,



to) the economic operator the manufacturer, importer or distributor,



l) technical specification document, which specifies the technical requirements,

to comply with the pyrotechnic article,



the EU harmonisation of legislation-m) to Regulation harmonising the conditions for the Union

product marketing ^ 6)



n) harmonised standard harmonised standard provided for harmonisation

Law Union ^ 7),



on the conformity assessment procedure) to establish whether they have met the basic

safety requirements for pyrotechnic article,



p) of the notified body an authority or a person who performs activities

conformity assessment activities including calibration, testing, certification

pyrotechnic articles and supervision under this Act,



q) by downloading from the circulation measure aimed at achieving the return of a pyrotechnic

a product that has already been made available to the user,



r) by downloading from the market measures whose aim is to prevent

pyrotechnic article, which is located in the supply chain, delivered

on the market,



with) the CE marking marking by which the manufacturer indicates that the pyrotechnic article

the product is in conformity with the relevant requirements laid down in the harmonisation

Union law, which regulates the affixing of this marking ^ 8),



t) hand in stock warehouse building separate from the sales room,



u) handling of pyrotechnic articles of their research, development, purchasing,

the sale, importation, use, destruction, disposal, carrying out of fireworks and

Fireworks work



in the EU certificate certificate) the type-examination certificate of conformity and the

approval of the quality system.



TITLE II



CATEGORIES OF PYROTECHNIC ARTICLES



§ 4



Categories of pyrotechnic articles



(1) the manufacturer shall include pyrotechnic articles into categories according to annex No.

1 to this Act, and according to the manner of use or according to their purpose and

the degree of hazard, including noise levels. The notified body within the

the conformity assessment shall confirm that the pyrotechnic article correctly classified

into categories according to annex No 1 to this Act.



(2) pyrotechnic articles are classified in the following categories:



and) Fireworks into the category of F1, F2, F3 or F4,



(b) the category of theatrical pyrotechnics) T1 or T2,



(c)) other pyrotechnic articles in category P1 or P2.



§ 5



Age limits and other limitations



(1) an operator or person with competence, make available

pyrotechnic article only to a person who has reached the age of



and) 15 years for pyrotechnic articles of category F1,



(b)) 18 years for pyrotechnic articles of category F2, T1 or P1,



c) 21 years for pyrotechnic articles of category F3 or acquired

certificate of professional competence according to § 37.



(2) pyrotechnic articles of category F1, F2, T1, P1 or F3 may

the operator or the person with the expertise available to

a legal entity or a natural person-entrepreneur only through

a person who satisfies the conditions referred to in paragraph 1.



(3) pyrotechnic articles of category F4, T2 or P2 can marketing

organisation or person with competence to deliver on the market or otherwise

made available only to persons with competence.



(4) pyrotechnic articles of category P1 for the use in vehicles including

airbags and belt tensioners may not be available to the General

public, if these pyrotechnic articles are not built into the

of the vehicle or the detachable part of the vehicle.



TITLE III



CONFORMITY ASSESSMENT AND MARKING OF PYROTECHNIC ARTICLES



§ 6



Presumption of conformity



(1) pyrotechnic articles, which are in conformity with harmonised

standards or parts thereof, the references which have been published in the official

Journal of the European Union, shall be regarded as products which are in conformity with the

the essential safety requirements covered by those standards or their

section applies.



(2) the basic safety requirements for pyrotechnic articles are

listed in annex 2 to this Act.



§ 7



The conformity assessment procedures



(1) the conformity assessment procedures are



the EU type-examination),



(b)) a match based on the assessment of the conformity of each product, or



c) conformity based on full quality assurance, as regards the

Fireworks of category F4.



(2) If a conformity of the pyrotechnic article assessed the EU

type-examination, it shall be for the purposes of placing on the market

supplemented by conformity assessment procedure with the type that is based on the



and internal control) manufacturing and testing of the product under the supervision of the randomly

intervals,



(b) quality assurance of the production process), or



(c) the product-quality assurance).



(3) the Government regulation for a description of the procedures and content of

conformity assessment, including documentation, to be kept for

the various conformity assessment procedures, and the procedure of the manufacturer and the notified

the body of each conformity assessment procedures.



§ 8



Submission of pyrotechnic articles to the notified body



(1) the manufacturer shall, before placing on the market of pyrotechnic article

submit the product to a notified body to assess compliance.



(2) the application for conformity assessment must be in writing and must contain the



and) the business name and address or name, surname and address of the place of residence

the manufacturer, or the importer,



(b)), place of residence, or any other address for service,



(c) the required conformity assessment procedure),



d) a declaration that the same application has not been lodged with another notified

entity.




(3) the manufacturer of the application shall be accompanied by the documentation belonging to each of the

conformity assessment procedures. The scope and description of this documentation for

the various conformity assessment procedures lays down the Government.



(4) the manufacturer shall attach to the application on a sample of the pyrotechnic article.

The manufacturer shall, on request of a notified body to provide additional

samples of pyrotechnic articles, if they are needed for the assessment of their

of conformity. Samples of pyrotechnic articles, the manufacturers do not return.



§ 9



The procedure of the notified body



(1) the notified body shall draw up on the basis of the assessment of conformity assessment

the report, which evaluates the documentation pertaining to specific procedures

conformity assessment, submitted samples and any examinations and tests.

The contents of this report may be published only with the consent of the manufacturer.



(2) if it is established on the basis of an assessment of the conformity of the pyrotechnic article

complies with the essential safety requirements, the notified body shall issue a manufacturer



and the EU type-examination certificate), if the procedure under § 7 para. 1

(a). and)



(b)), the certificate of conformity with respect to the procedure under § 7 para. 1 (b). (b)),



(c)) the certificate of approval of the quality system with respect to the procedure under § 7

paragraph. 1 (b). (c)),



(d)) of the certificate of conformity assessment, as regards the procedure under § 7 para. 2 (a).

(b)), or (c)).



(3) unless it is based on an assessment of the conformity of the pyrotechnic article

the product complies with the essential safety requirements, the notified body

the certificate or the certificate referred to in paragraph 2 shall not issue and pyrotechnical

the product cannot be put on the market.



(4) the Government regulation for a description of and requirements for an EU certificate

type-examination and certificate of conformity assessment.



§ 10



EU Declaration of conformity



(1) the EU Declaration of conformity, the manufacturer shall draw up, in cases where it

provided by law.



(2) the EU Declaration of conformity the manufacturer shall state that the fulfilment of demonstrated

the basic safety requirements laid down in annex 2 to this

the law.



(3) the EU Declaration of conformity contains the requirements for the

the conformity assessment procedure and must be continuously updated. The Manufacturer Of The EU

Declaration of conformity translated into the official language of the requested Member

State of the Union, in which the pyrotechnic article is placed or made available on the

the market. EU Declaration of conformity model provides for government regulation.



(4) If a pyrotechnic article should be in conformity with the requirements of more

the manufacturer shall draw up the legislation for all those laid down

the requirements of the single EU Declaration of conformity. In the single EU Declaration of

conformity must be given all the legal regulations, which set out

the requirements of the product is in compliance.



(5) the drawing up of the EU Declaration of conformity the manufacturer shall take upon himself the responsibility of

for the conformity of the pyrotechnic article with the requirements laid down in this

by law.



(6) a copy of the EU Declaration of conformity the manufacturer shall provide on request to the competent

authorities.



§ 11



The register of pyrotechnic articles



(1) a notified body is required to keep a register of pyrotechnic articles

which issued the certificate.



(2) the register of pyrotechnic articles is a list of publicly accessible, to

where a notified body writes



and manufacturer identification data) in accordance with § 19 para. 3,



(b)) in the case of imports, the identification particulars of the importer under section 20 (2). 5,



(c)) the registration number of the pyrotechnic article,



(d) the date of issue of the certificate), or the date of its expiration,



e) type of pyrotechnic article, or partial type,



(f)) in a conformity assessment procedure pursuant to § 7 para. 2



1. the conformity assessment procedure for the production phase, and



2. the notified body carrying out the assessment of conformity for the production phase.



(3) the information referred to in paragraph 2 shall be kept for at least 10 years

the date when the pyrotechnic article was put on the market, unless the

the manufacturer or importer of the product a longer shelf life. The notified body

is obliged to regularly update the register of pyrotechnic articles and

make it available in a way allowing remote access.



(4) the notified body converts the register of pyrotechnic articles to another

the notified body under this Act, if he is cleared of the notification;

If there is such an entity, then converts it to a notifying authority under section 42

paragraph. 1.



(5) the model format register pursuant to paragraph 1 provides for the Ministry of

trade and industry (hereinafter referred to as "the Ministry") by Decree.



§ 12



The labelling of pyrotechnic articles and their traceability



(1) for the purposes of traceability of pyrotechnic articles the manufacturer's marks

These products registration number which shall be allocated by the notified body

conformity assessment bodies pursuant to section 7. The registration number consists of

the following parts:



and the four-digit identification number) the notified body which issued the

certificate,



(b)) the categories of the pyrotechnic article in which to certify conformity, in

abbreviated format



1. F1, F2, F3 or F4 for Fireworks,



2. the T1 or T2 for the theatrical Fireworks category



3. P1 or P2 other pyrotechnic articles of category, and



c) serial number assigned to the notified body pyrotechnickému

of the product.



(2) the registration number referred to in paragraph 1 must have the following structure:

"XXXX-YY-ZZZZ-" where XXXX is the four-digit identification number according

paragraph 1 (b). and), YY is category of pyrotechnic article based on

paragraph 1 (b). (b)) and ZZZZ-is the serial number of the pyrotechnic article

referred to in paragraph 1 (b). (c)).



(3) the producer or importer of pyrotechnic articles shall keep records of

all registration numbers for pyrotechnic articles that will produce or

imports, along with the name of the product, type, product type and, where appropriate, substep

the place of its production, at least for a period of 10 years after placing the product on the

the market.



(4) the manufacturer or importer of pyrotechnic articles converts records by

in the case of paragraph 3,



and alterations) under other legislation) on acquiring ^ 9

a legal person, or



(b) their demise on) the notified body pursuant to § 42 para. 1.



(5) in the event of the death or dissolution of the manufacturer or importer of pyrotechnic

products, if the heir or successor in title does not continue in the subject

business, the heir or legal successor transfers the records referred to in paragraph 3

the notified body pursuant to § 42 para. 1 to 2 months from the

the final completion of the succession.



(6) the manufacturer or importer of pyrotechnic articles to the notified

the operator and the Czech trade inspection on the basis of their instructions

referred to in the records referred to in paragraph 3.



section 13 of the



Marking of pyrotechnic articles which are not intended for use in

vehicles



(1) the manufacturer shall ensure that the pyrotechnic article, which is not intended for

use in vehicles, was visibly, legibly and indelibly marked in

the official language of the Member State of the Union, in which the pyrotechnical

product available to consumers. This marking must be clear,

understandable and recognizable.



(2) the designation of the pyrotechnic article, which is not intended for use in

vehicles must contain the



and details of manufacturer) referred to in § 7 para. 3, if the manufacturer is established in the Union,

or details of manufacturer referred to in § 7 para. 3 and the particulars of the importer referred to in

section 20 (2). 5, when the manufacturer is not established in the Union,



(b)) name, type, number and the lot or a series of pyrotechnic article,



(c)) the registration number of the pyrotechnic article,



(d)) the minimum age limit under section 5,



(e)) the category of the pyrotechnic article in accordance with § 4 para. 2,



f) instructions for use,



g) net contents of explosive substances,



h) the expiry date,



I) for fireworks of categories of F3 and F4, year of production and



j) data on the safe distance for pyrotechnic articles, for which the

It's a good idea.



(3) The Fireworks must be in addition to the indications referred to in paragraph 2

Furthermore, given in the



and the F1 category is) where appropriate, the indication "for outdoor use only" and

the minimum safety distance,



(b)) the categories of F2, the indication "for outdoor use only" and, where appropriate, the minimum

safe distance,



(c) category F3) the indication "for outdoor use only" and minimum safety

distance,



(d) indication of category F4 ") for use only by persons with professional

competences "and minimum safety distance.



(4) to the theatrical pyrotechnics must be in addition to the indications referred to in paragraph 2

Furthermore, given in the



and T1 is category) where appropriate, the indication "for outdoor use only" and

the minimum safety distance,



(b) the indication "category T2) only for use by persons with specialist

competences "and minimum safety distance.



(5) if there is no enough space on the display of the product, in order to

meet the labelling requirements referred to in paragraphs 2 to 4, the following shall be

information on the smallest packaging of the pyrotechnic article intended for

sale.



§ 14



The labelling of pyrotechnic articles for use in vehicles



(1) an operator shall ensure that the indications on the display of the product

for use in the vehicles included



and details of manufacturer) referred to in § 7 para. 3,



(b)) title and type of pyrotechnic article,



(c)) the registration number and product number, lot or series and



d) safety instructions, if necessary.



(2) if it is not on the display of the product for use in vehicles with enough

sites for designation under paragraph 1, it shall indicate this on the packaging.



(3) the operator shall deliver to the user that pyrotechnic articles for


in-vehicle use in the course of its business to the incorporated

of the vehicle or the detachable part of the vehicle, the safety data sheet for

pyrotechnic article for use in vehicles, that compiles

According to the EU legislation directly applicable ^ 10) and takes into account the

specific needs of those users. The safety data sheet will add in the language

that the user requests, and in paper form, or in the

electronic form, if the user requests it.



TITLE IV



THE CE MARKING



§ 15



Rules and conditions for affixing the CE marking and other markings



In addition to the General principles referred to in regulation directly applicable Eu ^ 8) must be

the CE marking shall be stamped in accordance with the following requirements:



and the CE marking visibly), legibly and indelibly attached to

pyrotechnickému product; If due to the nature of the pyrotechnic

the product is not possible or not warranted, the mark must be affixed to the packaging

and to the accompanying documents,



(b)) of the CE marking shall be accompanied before placing on the market of pyrotechnic article,



(c)) the CE marking is followed by the identification number of the notified body,

If that body is involved in the production control phase; identification

the number of the notified body connects the notified body or is connected

under its instructions, by the manufacturer,



(d)) the CE marking, or the identification number of the notified

operator may be followed by any other mark indicating a special

risk or use.



TITLE V OF THE



ECONOMIC OPERATOR



section 16 of the



The obligations of the operator



(1) an economic operator can supply on the market of pyrotechnic

products that meet the requirements of this Act.



(2) the operator shall keep a list in which shall be entered the information about the

any economic operator who has supplied to him or which he added

pyrotechnic article. The list is written the name, business name,

the identification number and the date of delivery of the pyrotechnic article. These

information about the economic operator and the delivery of the pyrotechnic article,

shall be kept for at least 10 years after its delivery.



(3) the operator shall furnish on request to the competent control

authority of the information from the list referred to in paragraph 2.



§ 17



The obligations of the operator when issuing



(1) when issuing on trade fairs, exhibitions and demonstrations for

the purpose of the placing of pyrotechnic articles on the market, the operator may

perform and use pyrotechnic devices that do not match

the requirements of this Act or the regulation directly applicable ^ 8)

conditions that are visibly marked, which bears the name and

date of trade fair, exhibition or demonstration events and that

informs that pyrotechnic articles do not comply with this Act

or directly applicable law and are not for sale.



(2) when issuing the economic operator shall ensure that the safety

measures. Requirements on safety measures to ensure fire protection

measures, marking, storage and use of pyrotechnic articles

the definition and provide the affected area and conditions for issuance

pyrotechnic articles shall lay down by Decree of the Ministry.



The manufacturer's obligations



section 18



(1) the manufacturer may only be placed on the market of pyrotechnic articles, for which

considered a match.



(2) for the placing on the market of pyrotechnic articles the manufacturer shall ensure

that these products have been designed and manufactured in compliance with the essential

the safety requirements.



(3) the manufacturer shall draw up a documentation set out for each of the procedures

conformity assessment in the Government regulation and ensure the implementation of the relevant

the conformity assessment procedure. Where compliance of a pyrotechnic article with

the requirements laid down in the conformity assessment procedure established in accordance with section 7 of the

paragraph. 1 (b). b) or c) or § 7 para. 2, the manufacturer must draw up the EU

Declaration of conformity and affix the CE marking.



(4) the manufacturer shall keep the documentation set out for each of the procedures

conformity assessment in the Government regulation and EU Declaration of conformity for at least

period of 10 years following the placing on the market of the pyrotechnic article.



(5) the manufacturer shall ensure that the manufacturing process and its monitoring were in conformity with the

the type listed in the certificate and with the requirements of this Act.



(6) the manufacturer must operate an approved quality system for production,

final inspection, construction and testing and to inform the notified changes

entity.



(7) in the case of mass production is required to use the manufacturer's procedures

to ensure compliance with this Act.



§ 19



(1) the manufacturer, in order to protect consumer health and safety,

carried out on the basis of the instruction of the supervisory body tests and verification

placed on the market of pyrotechnic articles. Of these tests,

authentication and their results will keep the distributors.



(2) the Producer keeps records of complaints for pyrotechnic articles

defective pyrotechnic articles and pyrotechnic articles

withdrawn from circulation.



(3) the manufacturer shall indicate on the display of the product, or if this is not possible, to

packaging or in a document accompanying the product your name and surname,

business name or trade mark and the contact address. The address of the

must contain a single point at which the manufacturer can be contacted.



(4) the manufacturer shall ensure that the product is accompanied by instructions thereto to

use in an intelligible form. These instructions for use and other markings

It must also be clear, recognizable and indelible.



(5) a producer who believes or has reason to believe that

pyrotechnic article, which stated on the market is not in conformity with this

by law, it shall immediately take the corrective measures, or in the case of

necessary measures to withdraw it from the market or from circulation. Represents a

the risk of such pyrotechnic article shall inform the manufacturer immediately of

This fact, the competent authorities of the Member States of the Union, in which

pyrotechnic article added to the market, and give the details, in particular on the

non-compliance with the requirements established by this Act (hereinafter referred to as "non-compliance") and

of the corrective measures.



(6) the manufacturer shall submit to the competent control authority based on its

instruction in paper or electronic form in an intelligible form

all the information and documentation necessary to demonstrate the conformity. On the basis of

the instruction of the supervisory authority with it the manufacturer works every time

the measures adopted in order to remove the risk posed by

pyrotechnic article, which he introduced on the market.



(7) the manufacturer is obliged to cooperate with the notified body involved in the performance of

surveillance as specified in § 49 paragraph 1. 4.



Obligations of importers



section 20



(1) the importer may place on the market only pyrotechnic articles, for which

considered a match.



(2) imports of selected of pyrotechnic articles shall be subject to an import permit,

If provided for by other legislation ^ 11). The Ministry will provide the Office

the necessary information on import authorisations issued and carried out

imports.



(3) prior to the placing on the market of pyrotechnic article, the importer shall ensure that the

the manufacturer has carried out the appropriate conformity assessment procedure pursuant to § 7. If it was

conformity of the pyrotechnic article with the requirements laid down in the procedure

conformity assessment established under section 7 (2). 1 (b). b) or c), or section 7 of the

paragraph. 2, the importer shall ensure that the manufacturer has issued EU Declaration of conformity to

pyrotechnic article was affixed to it were accompanied by

required documents and also ensuring that the manufacturer has complied with the requirements of

provided for in § 18 para. 7 and § 19 para. 3 and 4.



(4) where an importer considers or has reason to believe that

pyrotechnic article is not in conformity with the essential safety

the requirements set out in annex 2 to this Act, shall place

a pyrotechnic product on the market until it is corrected.

If the pyrotechnic article presents a risk, it shall inform without delay

the manufacturer and the competent control authority.



(5) the importer shall indicate in an intelligible form on the display of the product, or

If this is not possible, on its packaging or in a document accompanying the product, its

first and last name, business name or trade mark and the

contact address.



(6) the importer shall ensure that the product is accompanied by instructions thereto to

use in an intelligible form.



section 21



(1) the importer, in order to protect consumer health and safety,

made on the basis of the order of the competent authorities of the test samples and verification

placed on the market of pyrotechnic articles. Of these tests,

authentication and their results will keep the distributors.



(2) the importer keeps records of complaints for pyrotechnic articles

defective pyrotechnic articles and pyrotechnic articles

withdrawn from circulation.



(3) the importer considers or has reason to believe that

pyrotechnic article, which stated on the market is not in conformity with this

by law, it shall immediately take the corrective measures necessary to bring

the pyrotechnic article to match or, if necessary, measures to

withdrawal from the market or from circulation. If such pyrotechnical

product risk, it shall notify the competent control authority of the

the facts and give the details, in particular about the non-compliance and of any

corrective measures taken.



(4) the importer for a period of ten years after the introduction of the pyrotechnic article to

the market keeps a copy of EU Declaration of conformity at the disposal of the competent


the inspection authority and the guarantees that the documentation provided in each of the

the conformity assessment procedures in the regulation of the Government may be these authorities to

the request has been made.



(5) the importer shall submit to the competent control authority based on its

instruction in paper or electronic form in an intelligible form

all the information and documentation necessary to demonstrate the conformity. On the basis of

the instruction of the supervisory authority, the importer shall cooperate with it each time

the measures adopted in order to remove the risk posed by

pyrotechnic article placed on the market.



section 22



Obligations of the Distributor



(1) the Distributor can supply on the market of pyrotechnic articles

which was evaluated by the match and have not exceeded their time

usability.



(2) prior to delivery of the pyrotechnic article to market the distributor verifies whether the

was a pyrotechnic article bears the CE marking, whether they are in

intelligible form accompanied by the required documents and that the manufacturer, or

the importer to ensure that the pyrotechnic article contained indications in the

accordance with this Act.



(3) where a distributor considers or has reason to believe that

pyrotechnic article is not in conformity with the essential safety

the requirements set out in annex 2 to this Act, shall not deliver

a pyrotechnic product on the market until it is corrected. If

pyrotechnic article presents a risk, it shall inform without delay

Distributor the manufacturer or importer and the competent control authority.



(4) a Distributor who believes or has reason to believe that

pyrotechnic article, which he added to the market is not in conformity with this

by law, shall ensure that the necessary remedial measures have been taken to bring

the pyrotechnic article to match or, if necessary, measures to

withdrawal from the market or from circulation. If such pyrotechnical

the risk of the product, it shall inform without delay the competent control authority and stating the

details of non-compliance and of any corrective measures taken.



(5) a Distributor shall submit to the competent control authority based on its

instruction in paper or electronic form in an intelligible form

all the information and documentation necessary to demonstrate the conformity of the

the pyrotechnic article with the technical requirements. On the basis of the order

This supervisory authority with it the distributor interacts when receiving

measures in order to eliminate the risks posed by pyrotechnic

products supplied to the market.



Article 23 of the



Other obligations of the importer, the Distributor



If an importer or distributor shall indicate the pyrotechnic article on the market under

his own name or trademark or modifies a pyrotechnical

the product, which was already placed on the market in such a way that it can

affect its compliance with the requirements in this case is considered

the manufacturer and subject to the obligations of the manufacturer under section 18 and 19.



TITLE VI OF THE



THE HANDLING OF PYROTECHNIC ARTICLES



section 24



The sale of pyrotechnic articles



(1) an operator or person with competence can

only sell pyrotechnic articles



and in respect of which has been assessed) match,



(b)) that are identified in accordance with the provisions of § 15 of this Act,



(c)) in the original manufacturer's packaging,



(d)) in compliance with the age limits in accordance with § 5 para. 1,



(e)) which are marked in accordance with section 13 or section 14 and



(f)) for which the expiry date is not exceeded.



(2) If a pyrotechnic articles are sold through

the Internet, the operator or the person with competence

required to take measures to ensure the



and make them available to a provable way) only to persons meeting the

the age limit referred to in § 5 para. 1,



(b)) and delivery of a verifiable fulfillment shipping

conditions arising from other legislation ^ 12).



§ 25



The disposal and destruction of pyrotechnic articles



(1) an economic operator or a person with professional qualification are required to

to ensure the urgent destruction or destruction of damaged or obviously

defective pyrotechnic articles in accordance with the instructions for use.



(2) the operator or person with competence shall ensure that

destruction and disposal of pyrotechnic articles of category F4, T2 and P2

It was carried out only by a person with competence.



section 26



General requirements for the storage of pyrotechnic articles



(1) an economic operator or a person with professional qualification are required to

store the pyrotechnic articles



and) according to the instructions for use and labelling and instructions on the product or

on the smallest packaging of the pyrotechnic article available for sale or

According to the requirements of the manufacturer, or if the pyrotechnic articles

stored in containers, so under the safety indications and

the instructions on the transport packaging,



b) separately from the combustion of fuels and supporting substances,



(c)) in such a way to prevent their spontaneous collapse and to

avoid their inadvertent initiation or ignition,



(d)) in a dry place and in such a way that the temperature does not exceed 40 ° c,

If it is not in the designation under section 13 or safety guidelines referred to

on the product or on the smallest packaging of the pyrotechnic article intended for

unless otherwise stated, sales



(e)) in the original transport packaging manufacturer or the importer or the

the smallest packaging of the pyrotechnic article available for sale and



f) in such a way that their unintentional empowerments or burn it

minimized the threat to the life and health of persons or property and to

storage conditions do not jeopardise its compliance of the product with the essential

safety requirements for pyrotechnic articles.



(2) unless otherwise noted, stored in a warehouse, pyrotechnic articles

handy warehouse or in the sales room. The operator can

store the pyrotechnic articles in hand or sell and

store in the sales room, only if these spaces to this

the purpose of the authorised under other legislation ^ 13).



(3) an operator or person with competence lead

register storage of pyrotechnic articles. The contents of the evidence establishes

Ministry decree.



(4) in all areas where they are stored for pyrotechnic articles,

shall ensure that the operator or the person with competence ban

smoking, open flames and manipulation-baked items and further

the ban on other activities that could result in placing the pyrotechnic

product to function, with the exception of pyrotechnic products whose instructions for

This does not preclude the use of.



section 27 of the



Storage in the sales rooms and cabin storage



(1) in the sales room can be stored in the pyrotechnic articles

the amount of up to 80 kg net mass of explosive substances.



(2) in the hand of a warehouse can store the pyrotechnic articles in

amount of up



and) 300 kg net mass of explosive substances, if all are in

the original transport packaging manufacturer or the importer, as identified in the

accordance with the European Agreement concerning the international carriage

of dangerous goods (ADR) classification code 1.4 G, of which no more than

one such packaging of each product type can be opened,



(b)) 200 kg net mass of explosive substances if they are not met

the conditions of point (a)), or



c) 750 kg net mass of explosive substances, during storage in combination

According to subparagraph (a)), or (b)) together with the pyrotechnic articles

situated in the original transport packaging manufacturer or importer

that are marked in accordance with the European Agreement concerning the international

transport of dangerous goods by road (ADR), classification code 1 .4S.



section 28



Storage in warehouses



Unless otherwise noted, stored in warehouses of pyrotechnic articles

allowed for this purpose under any law ^ 13) and at the same time

meeting the requirements, which lays down the implementing Ministry

provision. Ministry decree shall establish the adjustment of individual

construction parts warehouse, warehouse equipment electronic equipment

security signalization, construction of walls, bulkheads, frames, doors,

exhaust surfaces and roof constructions, surface treatment of the internal

the walls, ceiling, floors, around the warehouse requirements, safety

distance and obložnost, fire security, inventory, including the prohibition of

smoking and protect the stock from the effects of external influences.



section 29



Storage and sale of pyrotechnic articles of category F1



(1) Excluding a warehouse or store, an operator or a person

with expertise outside the store or sales room to sell

and store only pyrotechnic articles of category F1.



(2) when storage or sale under paragraph 1, the economic

organisation or person with competence shall have available

at least one portable fire extinguisher or a fire-extinguishing foam with water

capabilities at least 13A or a portable fire-extinguisher powder extinguisher with

capabilities at least 21A.



section 30



Research, development and testing



Pyrotechnic articles manufactured for the purpose of research, development and testing,

that are not in accordance with the provisions of this Act, an authorized

the holder use only for research, development and testing, and only if they are

visibly marked with information that do not comply with this

law and are intended only for research, development and testing.



section 31




Issuance of pyrotechnic articles



Economic operator that exposes the pyrotechnic articles is required to

report of the Office and the fire department or the relief Corps region at least 5 working

days before the opening date of issuance



and) instead, the date and time of issuance of pyrotechnic articles



(b)) duration of issuance of pyrotechnic articles



c) business name, address of the registered office and identification number or name,

full name, address and identification number of the exhibitors and



(d) the quantity and type of the exhibited) pyrotechnic articles.



§ 32



Fireworks



(1) the Fireworks means current or within a short time of the sequence

following the firing of pyrotechnic articles of category F2, F3, or

T1. For Fireworks is not firing of pyrotechnic articles to the

weight of 10 kg of net explosive content in total.



(2) the operator or a person with professional qualification are required to

report the implementation of the relevant municipal Council and Fireworks to the competent

the fire department or the relief Corps region, no later than 2 working days before the

its implementation.



(3) the Notification referred to in paragraph 2 of the fireworks must be in writing and

along with it will be presented as well as the written consent of the owner of the land on which the

the land will bat, where appropriate, the consent of the owners, administrators or

users of other affected real estate with the fireworks.

The Declaration contains



and details of the person conducting the) Fireworks and contact phone,



(b)) instead of doing Fireworks,



(c)) date and time of the beginning of training, the date and time of the fireworks and

its duration,



(d) the quantities and types of used) pyrotechnic articles



e) way to ensure protection of health and life of persons and property, including maps

or schemes, portraying the tee and the territory affected, the effects

fired pyrotechnic articles, notably rozletem and parts and

impact of dangerous residues after their launch.



(4) Fireworks must be carried out by an operator or a person with

competence, in accordance with which the data referred to in paragraph

3 (b). a) to (d)) and in compliance with the measures notified under paragraph 3

(a). (e)).



§ 33



Fireworks displays work



(1) Ohňostrojnou work is an activity that uses a pyrotechnic

products in category F4 or T2, possibly in combination with the pyrotechnic

products referred to in § 32 para. 1, for the production of light, sound, smoke or

the combination of these effects, including the preparation and implementation of this activity.

These activities are usually performed on one workplace and during one

the conclusion of the safety circuit.



(2) a safety circuit means a circuit of the territory, which is the territory of the

the affected surface effects of pyrotechnic articles, notably rozletem

their parts and the impact of hazardous residues after their launch.

The safety circuit is determined with regard to the type of surface

pyrotechnic articles in terms of their functions and hazard, with

given the way their batting and the predicted weather

terms and conditions.



(3) Ohňostrojné work is authorised to carry out only by a person with professional

competences in accordance with § 36 odst. 1 (b). b). For each ohňostrojnou work

must be from persons with competence determined by the head of the firing pin

Fireworks, which ensures compliance with the technological procedure for

custom design Fireworks work.



(4) the Technological procedure is a procedure ohňostrojné that

draws up the leading fireworks operators for each individual

ohňostrojnou work. The general process is the procedure

Fireworks works that can be used only for the purposes of teaching people to

get the professional competence to the handling of pyrotechnic articles for

repeated Fireworks work, to be carried out under the same

or similar conditions. In the case of the processing of the

the routing of the work may not be Fireworks review

a separate technological process Fireworks work for each

ohňostrojnou work.



(5) before the start of the temporary or occasional implementation

Fireworks works in the Czech Republic is a natural person, which is in a different

Member State of the European Union or the Swiss Confederation authorized to

the performance of similar activities, validates the Czech mining Office Professional qualifications

According to the law on the recognition of professional qualifications ^ 14).



(6) the method of implementation of the fireworks work, as far as safety and

health at work and the protection of life, health and property and the contents of the

a separate or general technological procedure provides for the Czech

mining Office by Decree.



§ 34



Ohňostrojné work permit



(1) Ohňostrojné work can only be done on the basis of the decision on the

enable ohňostrojné works issued by the district mining Office, which

enables to perform a ohňostrojnou work by the technological procedure pursuant to §

33 para. 4.



(2) an application for authorization ohňostrojné work served the one who will do the job

perform. Request addition to the General requirements under the administrative code

contains



and the head of the launchers) designation of fireworks,



(b)), the technological process



(c) the written consent of the owner of the land), on which the fireworks displays

work is done, with the ohňostrojné work.



(3) the proceedings for the authorization Fireworks works are the applicant and the

the village, in whose territorial jurisdiction the work performed should be fireworks displays,

the owners of the real estate, which is located in the safety circuit, or

their administrators or users.



(4) the costs of any expert opinion is required in the authorisation procedure for

ohňostrojné work shall be borne by the applicant for authorisation of the fireworks work.



(5) the authorisation decisions ohňostrojné work in addition to the General requirements

laid down in the administrative regulations, contains the



a) date, place and expected time of implementation of ohňostrojné work,



(b)), the conditions to ensure the safe execution of ohňostrojné

work.



(6) the final decision referred to in paragraph 5 is also sent to the competent

the Regional Directorate of the police of the Czech Republic and the fire department or rescue

the choir of the region.



(7) when performing the fireworks work are the owners of the real estate,

is located in the safety circuit or their administrators or users

obliged to tolerate the measures to ensure the safety of life, health of people and

asset protection, including compliance with the warning signals.



(8) the authorisation obligation according to paragraph 1 shall not apply to ohňostrojné

the work carried out by means of pyrotechnic articles specified in

Annex No. 3 of this Act; implementation of the fireworks work

through these pyrotechnic articles shall be subject to reporting under section

32 paragraph 2.



§ 35



Registration of pyrotechnic articles used in the implementation of the Fireworks

the work of the



(1) a person with competence in accordance with § 36 odst. 1 (b). (b))

obliged to keep records of the data about all of the pyrotechnic articles category

F4 and T2 used when performing Fireworks work.



(2) the register shall be stated



and) registration number of the pyrotechnic article, used in the implementation of the

Fireworks work



b) quantity and category of the pyrotechnic article, used in the implementation of the

Fireworks works and



(c)) name, surname, address and identification number of the person with professional

competences in accordance with § 36 odst. 1 (b). (b)).



(3) a person with professional qualification is required to keep records of information on

pyrotechnic articles of category F4 and T2 used in the implementation of the

Fireworks work for at least 1 year after their swing or their

transfer to another person.



(4) On the basis of the instruction of the supervisory bodies, is a person with professional

competences required to submit records of inspection and to permit acquisition

copies of copies or extracts.



TITLE IX OF THE



THE COMPETENCE OF THE



section 36



The competence of the



(1) for the person with competence is considered to be the natural person who

has the certificate of professional competence for the handling of pyrotechnic

products



and) category P2, with regard to the purchase, sale, destruction or disposal

pyrotechnic articles of category P2, or



(b)) category T2 or F4, with regard to the purchase, sale, destruction or

disposal of pyrotechnic articles category T2 or F4 and implementation

Fireworks work.



(2) For a person with professional qualifications will be considered on legal and

entrepreneurial natural person who treats the pyrotechnic articles

by a person who has a certificate of professional competence for

the handling of pyrotechnic articles in the range referred to in paragraph 1.



(3) specimens of the certificate of professional competence shall lay down the Czech mining Office

by Decree.



(4) the operator of a business with the subject-bound business "buying, selling,

destruction and disposal of pyrotechnic articles of category P2, T2 and F4 and

implementation of the fireworks work "keeps records of certificates of professional

the competence of its employees.



§ 37



Certificate of professional competence



(1) a certificate of professional competence for the handling of pyrotechnic

products shall be issued for an indefinite period, with the holder of the certificate is

obliged to submit to the Czech Mining Authority medical report every 5 years

the medical fitness to work or activities, which is treated with

pyrotechnic articles of category P2, T2 or F4 (hereinafter referred to as "medical

testimonial ").




(2) the applicant for obtaining the certificate of professional competence referred to in paragraph 1

must



and natural person) be 18 years or older,



b) have at least secondary education with leaving exam,



(c)) to be fully enjoys the



(d)) to be blameless,



(e)) to be medically eligible.



(3) for an impeccable, is not the one who was convicted for

an intentional offence or for an offence committed in a negligent

connection with the use, or the use of explosives or pyrotechnic

products, if it does not look as if he has been convicted. For the purpose of

the determination of whether a person meets the condition of integrity, the Czech mining Office

will require an extract from the criminal register ^ 15). If the applicant is a foreigner,

the Czech mining Office shall request an extract from the criminal register, including

the annex containing the cizozemská conviction ^ 15). An application for a statement of

criminal records and an extract from the criminal register with

to be transmitted in electronic form, in a manner allowing remote

access.



(4) the applicant shall submit the application to obtain a certificate of professional competence

for the handling of pyrotechnic articles of category P2, T2 or F4

The Czech Mining Authority. In the application for obtaining the certificate shall indicate next to the

the General requirements according to the code of administrative procedure, proof of education,

address of employer, job title and type of work to be performed in the

If the applicant is an employee. The applicant shall attach to the request

Photo size 35 x 45 mm, proof of payment of the administrative fee

and the medical report.



(5) the Czech mining Office decides on the issue of a certificate of professional

eligibility, if the applicant satisfies the conditions referred to in paragraph 2 and, if

undergo training and pass an examination under section 38.



§ 38



Training to obtain a certificate of professional competence



(1) professional training for applicants to obtain a certificate of professional

eligibility for the handling of pyrotechnic articles the relevant category

the Office ensures, in cooperation with the Czech Mining Authority, which shall be approved by

professional training and ensure their own filling teaching in training. A member of the

the Evaluation Commission is always the person in charge of the Office. President of the Commission is

person in charge of the Czech Mining Authority.



(2) the scope and duration of vocational training and theoretical and practical plan

part of the vocational training provides for the Ministry by Decree.



(3) the name and contact details of the supervising Department, date and place

vocational training and the organisational instructions, the authority shall publish in the manner

allowing remote access. Vocational training is initiated, if it is

at least the number of 5 applicants.



(4) professional training culminating in an, which acquired the professional

knowledge. The exam consists of a written test, oral and practical

the test according to the test procedure. Trial order provides for the Ministry of

by Decree.



§ 39



Medical requirements for issuing a certificate of professional competence



(1) medical fitness of the applicant for obtaining a certificate of professional

eligibility under § 36 odst. 1 or the holder of this certificate,

illustrated by medical opinion. Unless this Act provides otherwise, the

proceed when medical assessment and the issuance of

medical assessments under the Act on specific health services.



(2) for the purposes of eligible for a certificate of professional

eligibility under § 36 odst. 1 you cannot recognize who has so reduced

the ability to see, sense, or to move, they cannot safely dispose

pyrotechnic products. Medical requirements, in particular

the content of medical examinations, medical opinion, conditions, requirements

for the assessment of medical fitness and disease, defects or conditions that

exclude or limit the medical requirements for the treatment of

pyrotechnic articles, establishes the Ministry decree.



(3) if the examining physician for the holder of a certificate of professional

eligibility under § 36 odst. 1 change in State of health, which has the

result in the restriction or loss of medical fitness to treatment with

pyrotechnic articles shall be obliged to issue a new medical report and

send it without delay to the Czech Mining Authority and the

the employer of the holder of the certificate.



(4) every physician who discovers or acquires a reasonable suspicion that the holder

certificate of professional competence referred to in § 36 odst. 1 suffering from illness, disease

or condition which exclude or limit the medical fitness to

the handling of pyrotechnic articles pursuant to § 36 odst. 1 (b). and) or

(b)), it shall inform him of this fact and shall notify it without delay

assessing doctors. Examining doctor will then proceed in accordance with paragraph 3.



(5) the holder of a certificate of professional competence referred to in § 36 odst. 1, the

considered medically ineligible for the handling of pyrotechnic

products, if you do not submit the medical report or fails to submit to the Czech

a motion for the Office of the medical report within a period of 5 years from the date of issue

prior to medical opinion, or if there has been a change in the State that has

in the loss of his medical competence.



section 40



Cancellation of the certificate of professional competence



(1) the Czech mining Office shall decide on the cancellation of a certificate of professional

eligibility under § 36 odst. 1 if the holder



and ceases to meet the conditions required) for its acquisition, or



(b) fails to submit the medical report) 5 years from the date of issue of the prior

medical opinion.



(2) the decision to cancel the certificate of professional competence referred to in § 36

paragraph. 1 that is enforceable, notify the Czech mining Office to the competent

the Trade Office or employer.



§ 41



List of persons with professional qualifications and certificates issued and withdrawn

professional competence



(1) the Czech mining Office keeps a list of people with competence in accordance with §

paragraph 36. 1, including data on issued and revoked certificates;

This list is not publicly available.



(2) the list of persons with competence and issued and withdrawn

certificate of professional competence shall include the following



and) name and surname, date of birth and home address, or other

address for service of the person who has obtained the certificate of professional

eligibility under § 36 odst. 1,



(b)) the number of certificates of professional competence,



(c)) the categories of pyrotechnic articles, for which a certificate of professional

eligibility is issued,



(d)) date of issue of certificate of professional competence,



(e) the date of the withdrawal of the certificate).



(3) a person with professional qualification is required to report to the Czech mining Office

the Office of the change of data in the certificate of professional competence referred to in § 36 odst.

1, as well as loss, theft, damage or destruction of her issued

certificate, and at the latest within 1 month of the date when the fact

has occurred.



(4) a person with competence is further obliged without undue

delay report the Czech Mining Authority that no longer meets the conditions

to obtain a certificate of professional competence referred to in § 36 odst. 1.



(5) the Czech mining Office will provide from the list provided for in paragraph 2 on the

the request of the Office, the Office of the district mining Office, the police of the Czech Republic, or

authority of the law in criminal proceedings to the extent necessary for the performance of their

the scope of the.



TITLE X



THE NOTIFIED BODY



§ 42



Notification of bodies



(1) Office for standards, metrology and testing

(hereinafter referred to as "notifying authority") provides the definition and implementation

the necessary procedures for the notification of bodies notified to the European Commission

(hereinafter referred to as "the Commission") and the other Member States of the Union under this Act, and

performs monitoring of notified bodies.



(2) the notifying authority of the notified bodies must be independent,

objective and impartial, and in the cases referred to in § 11 (1) 4 from the

of the notified body to take the register of pyrotechnic products and for

of 10 years from the date of receipt to make available a manner allowing remote

access.



§ 43



Requirements for notified bodies



(1) a notified body must be independent of the operator and

a person with competence and must not have a relation thereto

the product it assesses. The notified body may only be legal

person created under the laws of the United States or the authority

the State administration.



(2) the members of the organs of the notified body, if the notified body

legal person, or the management authority of the State administration, if notified

body of government authority, and persons of the notified body to ensure

perform the tasks in the framework of the conformity assessment



and) shall not be the designer, manufacturer, supplier, Installer,

buy, own, or maintainer of the pyrotechnic articles or

explosive substance, or the representative of any of those parties. This does not preclude

the use of explosive substances or pyrotechnic articles which are

necessary for the activities of the notified body or the use of pyrotechnic

products for personal use,



(b)) shall not become directly involved in the design, manufacture or construction,

the marketing, installation, use or maintenance of the pyrotechnic

products or explosive substances, nor represent the parties that these

activities dealing with. Also may not engage in any activity that would


could affect their independence of judgement or trust in relation to the

the conformity assessment activities for which they have been notified. This is true

in particular for consultancy services.



(3) the notified body and the person to ensure the implementation of tasks within the

conformity assessment are required to carry out conformity assessment to the highest

level of professional integrity and requisite technical competence

in the specific field and must not be exposed to financial pressures and, in particular,

inducements, that might influence their judgement or the results of their

conformity assessment activities, especially from persons or groups of persons,

that have an interest in the results of those activities.



(4) the notified body shall be obliged to



and) be able to perform all tasks in the framework of the conformity assessment

This entity stores this law and for which it has been notified, whether those

tasks are carried out by the body itself or on its behalf and on its

responsibility,



(b)) to ensure that the activities of its subsidiaries or subcontractors

do not threaten the confidentiality, objectivity and impartiality of its activities

conformity assessment,



(c)) have always and for each conformity assessment procedure and each kind or

the category of pyrotechnic articles, for which it has been notified, available



1. persons with the necessary expertise and who possess experience

necessary for the performance of tasks related to conformity assessment,



2. the necessary procedures in accordance with which conformity assessment is carried out,

in order to ensure the transparency of these procedures, and the possibility of their

Repeat; must apply proper procedures to distinguish between tasks

which carries out as a notified body and other activities,



3. the procedures for the exercise of activities which properly reflect the range and

the structure of the business, in which the body acts under consideration, the degree of complexity of

the product technology in question and the mass or serial nature of the production

process,



(d)) have the means necessary for the proper implementation of the technical and

administrative tasks connected with conformity assessment and have access to

all necessary equipment or facilities,



(e)) to be impartial, including members of its organs, is a legal

the person, or the leadership of the Government authority, if the authority of Government,

and persons responsible for carrying out the conformity assessment tasks;

the remuneration of the top leadership and the people of the notified body responsible for the

the implementation of the conformity assessment tasks shall not depend on the number of

assessments carried out or on the results.



(5) persons to ensure the implementation of the tasks in the framework of the conformity assessment are

required to



and) have the technical and vocational training covering all the activities of the

connected with the conformity assessment tasks for which the conformity assessment body

notified,



(b)) have knowledge of the requirements related to the assessment, which shall be carried out,

and the corresponding authority to carry out this assessment,



(c)) have knowledge of the basic safety requirements laid down in

Annex 2 to this Act, the relevant harmonised standards and

the provisions of Community harmonisation of the laws of the Union and related community

regulations,



(d)) to be able to draw up the certificates, records and reports demonstrating

that was the assessment made.



(6) the notified body shall take out liability insurance for damage

his actions may cause, according to the degree of risk of the products,

that will be as notified body to assess.



(7) the notified body shall ensure that the persons to ensure the implementation of the tasks in

conformity assessment will maintain confidentiality, if

all information obtained in carrying out their tasks with a

exception of the competent authorities of the Member State of the Union, in which

pursue their activities. The notified body shall ensure the protection of confidential

business information.



(8) a notified body is involved in the relevant standardisation activities

the Forum and the activities of notified bodies to pyrotechnic articles

established by regulation of the Union ^ 16).



§ 44



The presumption of conformity of the notified bodies



In the event that a notified body establishes that meets the criteria set out

relevant harmonised standards or parts thereof which have been

published references in the official journal of the European Union, it shall be deemed that the

complies with the requirements provided for in § 43 to the extent in which the harmonised

the standards cover those requirements.



§ 45



Subsidiaries and subcontractors of notified bodies



(1) if the notified body subcontracts specific tasks connected with the assessment of the

compliance by subcontractors or subsidiaries, shall ensure that

subcontractor or the subsidiary meet the requirements provided for in §

43. To enter these tasks adequately informs the notifying

authority.



(2) a notified body is fully responsible for the tasks performed by subcontractors

or subsidiaries, regardless of where they are

subcontractors or subsidiaries established.



(3) the Activity, you can specify the subcontractor or the subsidiary only with

the consent of the applicant for conformity assessment.



(4) the notified body shall keep the relevant documents concerning the assessment of the

qualifications of the subcontractor or the subsidiary and the work carried out

the subcontractor or the subsidiary.



§ 46



The notification request



(1) an application for notification to the notifying authority the applicant served.



(2) the application for notification is the description of the activity, the assessment procedure

conformity and the description of the pyrotechnic article, for which the body claims

for the technically competent. Furthermore, the request contains an accreditation certificate ^ 17)

issued by a national accreditation body ^ 18), certifying that the

the notified body meets the requirements set out in section 43.



(3) if the applicant does not submit the notification by an accreditation certificate, it shall provide

notifying authority with all documentary evidence necessary for the assessment, recognition and

regular monitoring of its compliance with the requirements set out in section 43.



(4) If the applicant has demonstrated compliance with the requirements referred to in paragraph 2 and shall make

notifying authority within 90 days of initiation of the notification and shall inform the

of the applicant; otherwise, the request will be rejected. The period shall be extended by

another 30 days in the event that the applicant proves its professional

competence in any way other than through an accreditation certificate.



(5) if the Commission or any of the Member States of the Union does not, within the period

provided for in § 47 para. 4 against the notice of objection, the notified body

starts to operate conformity assessment based on the publication of the notified

body Commission ^ 19). The notifying authority shall issue to the applicant not later than 2

working days of publication of the notified body the Commission proof of incorporation

permissions. A notifying authority shall publish in the Gazette subsequently notifying

authority of permissions, including the permissions, date range, from

which the body may perform the activities of a notified body,

the identification number of the notified body and the numbers and dates of issue of the document

of permissions.



(6) if the Commission or a Member State of the Union raises within the time limit

provided for in § 47 para. 4 against the notification, the notifying authority shall invite the

the applicant, to take appropriate measures to remedy deficiencies, and

provide it with a reasonable period to do so. Delete-if the deficiencies in the

the specified time limit, it shall inform without delay the notifying

authority. Where a notifying authority comes to the conclusion that the applicant weaknesses

removed again, carry out the notification. If the applicant fails within the specified time

deficiencies does not remove, the notifying authority shall reject the application.



§ 47



The notification procedure



(1) notification to the Commission and the other Member States of the Union will carry out that States

authority electronically in the manner designated by the Commission.



(2) the notification contains all the details of the relevant activities

the conformity assessment procedure or conformity assessment procedures and

display of the product and the relevant certificate of professional competence.



(3) If a notification is not based on an accreditation certificate referred to in §

46 para. 2, the notifying authority shall provide the Commission and the other Member States

Union documents proving the competence of a notified body

and established measures to ensure that the body has been regularly

checked and in the future must meet the requirements provided for in § 43.



(4) a legal person or Government authority may engage in activities

the notified body, have not raised only if the Commission or the other Member

States of the Union against the objections within two weeks after the announcement, if the

It's an accreditation certificate, or within 2 months following the notification, unless the

accreditation is not used. Only such a body shall, for the purposes of this Act

considered as a notified body.



(5) the notifying authority shall notify the Commission and the other Member States of the Union

any subsequent significant changes to the notification.



§ 48



Changes in the notices



(1) where a notifying authority has ascertained that a notified body no longer meets the

the requirements provided for in § 43 or fulfil its obligations, shall decide on the

limitation, suspension or revocation of the effectiveness of permission under section 46,

Depending on the failure to meet those requirements or fulfil those obligations.



(2) appeals against decisions of the notifying authority of the suspension

the effectiveness of permission, the permission restrictions or cancellation does not have suspensory


effect. A notifying authority shall decide on the suspension of permission,

to restrict permissions or its cancellation also at the request of a notified body.

Notice of the suspension, limitation of the authorisations or permissions of the

cancellation shall be published in the journal of the notifying authority of the notifying authority.



(3) the decision on the suspension or limitation of authorisations shall establish

notifying authority the deadline to rectify the situation. If the notified body shall

remedy, shall communicate this fact without undue delay to the notifying

authority. If the notifying authority sufficient redress,

the decision on the suspension or limitation of authorisations.

If the notified body within a specified reasonable time remedy

they do not, the notifying authority shall decide on the revocation of permissions.



(4) in the event that it has been legally cleared to a notified body,

suspended or restricted permissions, this body shall

commit the notifying authority with all documents relating to the implementation of the

the activities of the notified body. In the case of a final decision on the

the suspension of privileges is the notified body shall transmit the

documents referred to in the first sentence, the notifying authority, if it is

the notifying authority asked.



§ 49



Obligations relating to the activities of notified bodies



(1) the notified body shall carry out conformity assessments in accordance with the procedures

assessment of conformity under section 7. When assessing the conformity of the notified body

shall follow the technical regulations and perform technical findings

objectively with professional care at the level of knowledge of science and

techniques known at the time when they are executed.



(2) the notified body shall carry out the conformity assessment so as to avoid

unnecessary burdens for economic operators; in the performance of its activities

taking into account the scope and structure of the company and the sector in which they operate, peace

of complexity of the product technology in question and the mass or serial nature of the

of the production process.



(3) a notified body which conducts conformity assessment shall

pyrotechnical products which comply with the assessment of conformity, registration

numbers to identify these products and their manufacturers, and leads

Register of registration numbers for pyrotechnic articles, which granted the

certificate.



(4) the notified body shall carry out monitoring in the manufacturer, whether duly fulfils the

the obligations arising from the relevant conformity assessment procedure.



(5) where a notified body finds that the manufacturer has failed to fulfil the basic

the safety requirements set out in annex 2 to this Act or in

relevant harmonised standards and/or technical specifications,

ask the manufacturer to take corrective measures and shall not issue a certificate.



(6) If in the course of supervision after release of certificate, a notified body

It finds that the pyrotechnic article no longer meets the requirements, it shall invite the

immediately the manufacturer to take corrective action, and, if necessary,

may suspend the validity of the certificate.



(7) if the manufacturer has not taken corrective measures, or if these measures

they do not have the required effect, the notified body must force the relevant

the certificate shall be suspended.



§ 50



Repeal and amendment of the validity of the issued certificate



(1) a notified body is entitled to cancel or change its issued

certificate if it is established that circumstances have significantly changed, for

which has been issued, in particular where it is found that the product does not meet the

the requirements under this Act.



(2) the notified body shall be obliged to provide copies of certificates, including the

related documents and information on the issue, refusal, amendment or

cancellation of certificates the competent control authority or notified

the bodies of the Union.



TITLE XI



STATE ADMINISTRATION



§ 51



The State administration under this Act shall exercise the authority, the Czech mining Office,

the district mining offices, Czech trade inspection and notifying authority.



§ 52



The Office of the



(1) the authority shall



and participation in) for international cooperation in the field of

pyrotechnic articles



b) decide on the ban on the further handling of pyrotechnic articles,

If you do not meet the conditions for the placing on the market in accordance with this law, according to

where the conformity assessment has been carried out, and immediately threaten

safety,



(c)) shall decide on the withdrawal from the market of pyrotechnic articles due

technical defects, if it detects a demonstrable risk to the health or

the security of their users,



(d)) performs additional professional activities related with the pyrotechnic articles

and equipment for their use, and issues about the findings,



e) performs or provides training to obtain a certificate of professional

eligibility and approves textbooks and cooperate with the authorities of the State

Mining Authority in the area of pyrotechnic articles



(f) the importation of materials) provides a professional activity,



g) cooperates in the field of pyrotechnic articles with similar

foreign offices and laboratories,



h) organizes, coordinates and carries out research activities and

secures the system of scientific and technical information, in particular the processing of

technical literature, research reports, thematic reports and translations,



even the ensures with pyrotechnic articles) inter-laboratory testing

reference materials,



j) provides expert information, observations and opinions,



k) participates in the formation of Czech technical standards and technical regulations

in the area of pyrotechnic articles



l) approved Fireworks produced by the manufacturer for its own use

with its headquarters on the territory of the Czech Republic.



(2) the Office shall keep a register of pyrotechnic products and explosives including

the necessary equipment, which is used to professional services.



(3) on the basis of the instruction of the Ministry performs a test detonation

the characteristics of the pyrotechnic article to demonstrate that this is a

explosive or pyrotechnic article. The Ministry shall issue a decree

Description and content of the test characteristics of detonation.



(4) the authority shall ensure that its employees who perform professional

activities under this Act, maintain the confidentiality of all

the facts, which they learned in connection with the implementation of professional

or control activities under this Act, for a period of 5 years after the

What ceased to be employees of the Office, unless otherwise provided by other legislation

otherwise. The preceding sentence does not apply to information that must be

published in the interest of the safety or in order to ensure the effective

control of the market and the activities of the Office as a supervisory body.



§ 53



The Czech mining Office



The Czech mining Office



and) works with the Office in providing training for obtaining the

of professional competence under this Act,



(b)) performs the examination of professional competence under this Act,



c) keeps a list of people with the expertise to handle

pyrotechnic articles,



(d)) shall decide on the issue and the withdrawal of the certificate of professional competence to

the handling of pyrotechnic articles category T2 and F4 and the certificate of

professional competence to the handling of pyrotechnic articles category

P2,



(e)) performs a methodological activity in the exercise of State administration for the treatment of

pyrotechnic articles.



§ 54



The district mining Office



The district mining Office



and Fireworks to perform work),



(b) implementation of the Fireworks) checks the work.



TITLE XII



section 55



Control authorities



(1) inspection bodies under this law are the Office, the notifying authority,

The Czech trade inspection and the relevant district mining Office.



(2) the Office shall monitor whether the pyrotechnic article meets the requirements referred to in

This Act, fulfils the conditions for the placing on the market, does not have the technical

the defect and does not endanger the health, safety, property or the environment.

The Office shall monitor compliance with the obligations laid down in this Act,

If not stated otherwise.



(3) the notifying authority shall check whether the notified bodies meet the conditions

referred to in section 43.



(4) the district mining Office is the control body in the field of fireworks

the work, in particular, checks whether the persons performing the work ohňostrojné

comply with the requirements and carries out duties under this Act.



(5) the Czech trade inspection checks compliance with the obligations

laid down in § 5 para. 1 when making pyrotechnic articles

consumers and the obligations set out in sections 26, 27 and in section 29. Czech

the better Business Bureau carries out wholesale distributors of checking compliance with the

obligations under section 28.



§ 56



The procedure of the Office during the inspection of pyrotechnic articles



(1) where the authority in the exercise of control pursuant to § 55 para. 2 finds that

pyrotechnic article does not meet the requirements established by this Act,

without delay, will prompt the operator or person with professional

competence, to take appropriate corrective action to bring

the pyrotechnic article to comply with these requirements, or

withdrawal from the market or from circulation within the time limit specified by the Office, that is

appropriate to the nature of the risk.



(2) an operator shall ensure that corrective measures have been taken

regarding all the pyrotechnics, which added to the market in the

across the Union.



§ 57



Protection of the public interest



(1) where the authority in the exercise of control pursuant to § 55 para. 2 finds that

Although the pyrotechnic article in accordance with this Act, represents a

the risk to the health or safety of persons, or for the protection of another


public interest, invite without delay the relevant economic operator or

the person with the competence to take appropriate corrective action to

ensure that the pyrotechnic article if it was mentioned on

the market did not pose a risk, or to withdraw it from the market or

circulation within the time limit specified by the Office, that is appropriate to the nature of the risk.



(2) an operator shall ensure that corrective measures have been taken

regarding all the pyrotechnics, which added to the market in the

across the Union.



§ 58



How to detect non-compliance



(1) without prejudice to section 57 and 60, the Office will invite the relevant economic operator

to correct the non-compliance and provides a reasonable period to do so, if within the

their inspection activity to one of the following shortcomings it detects:



and) the CE marking has been affixed in violation of article 15 or with harmonisation

Law Union ^ 20),



(b)) the CE marking could not be connected



(c)) the identification number of the notified body, if that body

involved in the control of production, has been affixed in violation of article 15 or not

connected,



(d)) has not been drawn up for the EU Declaration of conformity, is given to the competent

the conformity assessment procedure required



e) EU Declaration of conformity has not been drawn up correctly,



(f) the necessary documentation by) the conformity assessment procedures

According to § 7 set out in government regulation is missing or incomplete,



(g)) the information referred to in § 7 para. 3 or section 20 (2). 5 missing, are

incorrect or incomplete, or



h) has not been fulfilled another requirement referred to in section 18, 19, 20 and 21.



(2) if the non-compliance referred to in paragraph 1 persists, the authority will limit or

disables the making available on the market of pyrotechnic article or impose economic

the body which said the pyrotechnical product on the market that it withdrew from the

market or circulation.



§ 59



Protective measures



(1) If, after the start of the inspection authority has reasonable grounds to believe

the pyrotechnic article presents a risk to health or safety

people or for another public interest, that is subject to this Act,

disables the entry or delivery of the pyrotechnic article to the market after

the time required to perform the check.



(2) if they are identified on the basis of the checks carried out, the pyrotechnic

products that do not meet the requirements for the placing on the market, it disables the

pyrotechnic articles to rectify State or available on the market.



(3) the measures provided for in paragraphs 1 and 2 shall notify an inspector orally controlled

to the person and shall immediately make a written record of it, a copy of which delivers

the controlled person.



(4) if the controlled person with the stored measures, against

subject to the objections which shall be entered in the record referred to in paragraph 3, or

may be filed in writing at the latest within 3 working days from the date of introduction to

the imposed measures. The opposition submitted without delay to the President of the

The Office. A written copy of the decision on the objection shall be served on

the controlled person and is final.



(5) If the economic operator concerned within the time limit set out under § 57

paragraph. 1 or § 58 para. 1 does not take adequate corrective actions, the Office

decide on the prohibition of the placing on the market of pyrotechnic articles.



(6) in the event that the pyrotechnic articles immediately threaten

the safety or health of persons or represent another serious risk,

the authority shall decide on the withdrawal of these products from the market and pyrotechnic about

prohibit the placing on the market of pyrotechnic articles. The appeal against the

This decision does not have suspensory effect.



(7) the authority may, if it is necessary to ensure safety at the same time

decide on the destruction of pyrotechnic articles or a series of pyrotechnic

products or other form of impairment. Appeals against this decision

does not have suspensory effect.



(8) the authority is obliged to persons who may be exposed to serious risk

as a consequence of the bomb product to inform about this risk in a timely and

in an appropriate manner.



section 60



Protective measures at the time about suspected serious danger to safety



If the supervisory authority has reasonable grounds for believing that a violation of the obligations

under this Act has occurred or may occur to a serious threat

the safety of persons or property, it shall immediately prohibit the person to the controlled

remedy treatment of pyrotechnic articles or orders

without delay to remedy the partial or complete closure of the premises,

where a breach of such an obligation has occurred. About how to save

measures and of objections, § 59, mutatis mutandis.



§ 61



Information obligation when you store the protective measures



(1) the authority shall inform without delay the competent notified body that

the operator or the person with competence have been invited to

the adoption of appropriate corrective measures necessary to bring the pyrotechnic article

in accordance with the requirements under this Act or to withdrawal from the market

or out of circulation within the time limit fixed by the Office.



(2) if the Authority considers that non-compliance does not concern only the territory of the United

States, shall inform the Ministry of the results of the evaluation and the

the measures that the economic operator has to accept his application.



(3) the Ministry shall inform the Commission and the other Member States

The Union of any provisional measures to prohibit or restrict the

the supply of pyrotechnic product on the market in the Czech Republic, or

pyrotechnic article download from the market or from circulation.



(4) the information referred to in paragraphs 2 and 3 are all

available details, in particular the data necessary for the identification of

disorder of the pyrotechnic article, the origin of the pyrotechnic

the product, the nature of the non-compliance and of the risk involved, the nature and duration of

the measures taken at national level and on the opinion of the competent

economic operator.



(5) the Ministry shall inform the Commission and the other Member States

The Union of any measures taken against the product, for pyrotechnickému

to which another Member State initiating the procedure under the EU directive governing the

the harmonisation of the laws of the Member States relating to the making available

on the market of pyrotechnic articles ^ 21) and of any additional information about the

the non-conformity of the pyrotechnic article, which has available; in

event of disagreement with the adopted national measure of another Member

the State Union Ministry raises objections.



(6) the Ministry shall inform the Commission and the other Member States

Union on the finding that the pyrotechnic article, which is in accordance with this

by law, constitutes a risk to the health or safety of persons or for

Another protection of the public interest and to the adoption of measures which control

the authority called on the relevant economic operator. The information must contain the

all available details, in particular the data necessary for the identification of

of the pyrotechnic article, data on the origin and the supply chain

string, the nature of the risk involved and the nature and duration of

measures taken at the national level.



(7) If, within 3 months from the receipt of the information referred to in paragraph 6

that no Member State of the Union or the Commission in respect of the adopted

the measures will apply this measure of efficiency.



TITLE XIII



THE COLLECTION AND PROVISION OF INFORMATION



§ 62



Information obligation



(1) the notifying authority



a) informs the Commission of the procedures for the assessment and notification of notified

bodies and the monitoring of notified bodies, and of any changes in

in respect of such information,



(b)) shall inform the Commission about the fact that a notified body no longer meets the requirements of the

provided for in § 43 or fulfil its obligations,



(c)) shall, on request to the Commission all the information relating to the documents

for notifications or the fact that it is the notified body concerned continue to professionally

eligible.



(2) if the Department receives information from the Commission concerning the adoption of measures

about the pyrotechnic article, which presents a serious risk, it shall transmit

This information without delay to the authority for further steps.



(3) the notified body shall communicate to the notifying authority



and to all the circumstances) having a bearing on the scope or terms of the notice,



(b)) the adoption of any request for information about conformity assessment activities,

received from the competent supervisory authority,



(c)) on-demand information about conformity assessment activities undertaken in

within the scope of their notification and any other activities carried out

the activities, including cross-border activities and subcontracting,



(d)) for information about each issue, refusal, restriction, suspension

or withdrawal of certificates.



(4) the notified body shall inform the other notified bodies which have been

The Commission and the carrying out similar conformity assessment activities similar

pyrotechnic articles, about the negative and, on request, positive

the results of conformity assessment of these pyrotechnic articles.



TITLE XIV



ADMINISTRATIVE OFFENCES



§ 63



Misdemeanors



(1) a natural person as a person with competence commits

violation by



and pyrotechnical products) shall make available to persons who have not reached the age

the boundaries according to § 5 para. 1,



(b)) on the market will deliver or otherwise make available the pyrotechnic articles in contradiction with the

§ 5 para. 2 and 3,



(c) takes measures to ensure disclosure) pyrotechnic articles

only persons meeting the age limit in accordance with § 24 para. 2,



(d)) does not ensure immediate destruction or disposal of pyrotechnical


products referred to in section 25 para. 1 or does not ensure that the destruction or

disposal of pyrotechnic articles shall be made only by a person with

competence pursuant to § 25 para. 2,



e) stores or sell pyrotechnic articles in violation of § 26 para. 1

or 2, the



(f)) does not register the storage of pyrotechnic articles pursuant to section 26

paragraph. 3,



(g)) does not ensure the prohibition of activities in areas where they are stored

pyrotechnic articles, pursuant to section 26 paragraph 1. 4,



h) stores or sell pyrotechnic articles inconsistent with section 27,



I) stores pyrotechnic products in a warehouse in violation of § 28,



j) stores or sell pyrotechnic articles contrary to section 29,



k) contrary to section 32 does not report the holding of fireworks,



l) does not make a fireworks display in accordance with the information under § 32 para. 4,



m) as the leading fireworks operators fail to comply with technological process in

the implementation of ohňostrojné of work according to § 33 para. 3,



n) does not keep a register of pyrotechnic articles used in the implementation of the

Fireworks work according to § 35 para. 1, 2 and 3,



about) does not report within the prescribed period to the Czech mining Office of changes in

certificate of professional competence referred to in § 41 para. 3, or



p) does not report to the Czech mining Office changes that no longer meets the conditions

to obtain a certificate of professional competence referred to in § 41 para. 4.



(2) is guilty of an offence by the heir of that does not convert to the notified body

records in accordance with § 12 para. 5.



(3) for the offense shall be fined in the



and 500 000 CZK), if it is a misdemeanor pursuant to paragraph 1. a), b), c),

k), l) or (m)),



b) 200 000 CZK in the case of an offense referred to in paragraph 1 (b). d), (e)), f), (g)),

(h)), i) or (j)),



(c)) $ 50,000, in the case of an offense referred to in paragraph 1 (b). n), o) or (p))

or pursuant to paragraph 2.



(4) in block management can impose a fine of up to CZK 5,000.



§ 64



Administrative offences of legal entities and natural persons-entrepreneurs



(1) a legal and entrepreneurial natural person has committed the administrative offence

by



and wrongly applied CE marking), certificate, or other document

issued under this Act,



b) exposes a pyrotechnic articles to persons who have not reached the age

the boundaries according to § 5 para. 1,



(c)) shall supply to the market, or otherwise make available the pyrotechnic articles in contradiction with the

§ 5 para. 2 and 3,



(d)) does not ensure the marking of pyrotechnic articles for use in vehicles

under section 14,



e) fails to deliver the professional user a safety data sheet according to § 14 para.

3,



(f) fails to comply with any of the requirements), pursuant to section 16,



g) showing off or used in the issuance of pyrotechnic articles in

contrary to section 17 para. 1,



(h)) does not ensure the adoption of safeguard measures in accordance with section 17 para. 2,



I) stores or sell pyrotechnic articles in violation of § 24 para.

1,



(j) has not taken measures to ensure disclosure) pyrotechnic articles

only persons meeting the age limit in accordance with § 24 para. 2,



does not guarantee the immediate destruction) or destruction of pyrotechnic

products referred to in section 25 para. 1,



l) stores pyrotechnic products in violation of § 26 para. 1 and 2,



m) does not register the storage of pyrotechnic articles pursuant to section 26

paragraph. 3,



n) does not ensure the prohibition of activities in areas where they are stored

pyrotechnic articles, pursuant to section 26 paragraph 1. 4,



o) stores or sell pyrotechnic articles inconsistent with section 27,



p) stores pyrotechnic products in a warehouse in violation of § 28,



q) stored or sold pyrotechnic articles contrary to section 29,



r) does not report to the Office and the fire department or the relief Corps by the County information

section 31,



with the) contrary to section 32 does not report the holding of fireworks,



t) does not make a fireworks display in accordance with the information under § 32 para. 4.



(2) the manufacturer is guilty of an administrative offense, by



and does not retain the necessary documentation by) individual procedures

assessment of conformity under section 7,



(b)) does not mark the pyrotechnic products registration number in accordance with § 12 para.

1,



(c)) does not keep a record of all registration numbers of pyrotechnic

products that produce, along with the name of the product, type, where appropriate, substep

the product type and the place of its production, at least for a period of 10 years under section

12 paragraph 1. 3,



(d)) does not convert the records pursuant to § 12 para. 4,



(e)) does not provide the notified body and the Czech trade inspection on the basis of

their instruction information pursuant to § 12 para. 6,



(f)) does not ensure the marking of pyrotechnic articles pursuant to section 13,



g) pyrotechnic articles on the market shall, in respect of which has not been evaluated by the match

According to § 18 para. 1,



(h)) does not retain the EU Declaration of conformity for at least 10 years after the

a pyrotechnic product on the market referred to in section 18 para. 4,



I) does not ensure that the manufacturing process and its monitoring were in conformity with the type

listed in the certificate and with the requirements of this Act pursuant to § 18 para. 5,



(j)) does not use approved quality system for production, final inspection,

design and test or does not inform the notified body of any changes

According to § 18 para. 6,



in the case of to) does not use mass production procedures to ensure compliance with this

law referred to in § 18 para. 7,



l) contrary to section 18 does not use an approved quality system for production,

final inspection, design and test or does not inform the notified

body of its amendments,



m) does not perform tests of pyrotechnic products placed on the market and

authentication and about these tests, verifications and their results

does not inform distributors pursuant to § 7 para. 1,



n) does not display their contact details to the product under § 19

paragraph. 3,



about) does not ensure that the product is accompanied by instructions thereto to

use in an intelligible form, pursuant to section 19 para. 4, or



p) does not present the competent control authority, on the basis of his order

all the information and documentation necessary to demonstrate the conformity of the

the pyrotechnic article with the technical requirements provided for in § 19 para. 5.



(3) the importer is guilty of an administrative offense, by



and does not keep a record of all) registration numbers of pyrotechnic

products that produce, along with the name of the product, type, where appropriate, substep

the product type and the place of its production, at least for a period of 10 years from the

placing the product on the market in accordance with § 12 para. 3,



(b)) does not convert the records pursuant to § 12 para. 4,



(c)) shall not provide to the notified body and the Czech trade inspection on the basis of

their instruction information pursuant to § 12 para. 6,



(d)) shall appear on the market of pyrotechnic articles which have not been evaluated by the match

under section 20 (2). 1,



(e)) does not ensure that the manufacturer has made the appropriate conformity assessment procedure

prepared the documentation needed by individual assessment procedures

conformity according to § 7, called the pyrotechnic article and put the CE marking

documents referred to in section 20 (2). 3,



(f)) does not display their contact details to the product under section 20

paragraph. 5,



g) does not ensure that the product is accompanied by instructions thereto to

use in an intelligible form, pursuant to section 20 (2). 6,



(h)) does not perform tests of pyrotechnic products placed on the market and

authentication and about these tests, verifications and their results

does not inform distributors pursuant to § 21 para. 1,



I) does not register of complaints, non-conforming and pyrotechnic articles

withdrawn from circulation of pyrotechnic articles pursuant to § 21 para. 2,



(j)) does not retain a copy of the EU Declaration of conformity at the disposal of the competent

the supervisory authority pursuant to § 21 para. 4, or



k) fails to provide the competent control authority, on the basis of his order

all the information and documentation necessary to demonstrate the conformity of the

the pyrotechnic article with technical requirements pursuant to § 21 para. 5.



(4) the Distributor commits an administrative offense, by



and delivers on the market) pyrotechnic articles in violation of § 22 para. 1,



b) contrary to section 22 paragraph 1. 2 does not verify whether the pyrotechnic article

CE marked, whether they are to him in an intelligible form, accompanied by the

the required documents and that the manufacturer or importer to ensure that the

pyrotechnic article was marked under this Act, or



(c)) does not present the competent control authority, on the basis of his application

all the information and documentation necessary to demonstrate the conformity of the

the pyrotechnic article with the technical requirements provided for in § 22 para. 5.



(5) a notified body is guilty of an administrative offense, by



a) fails to comply with the procedure under section 9,



(b)) does not register of pyrotechnic articles pursuant to § 11 (1) 1 and 3,



(c)) does not convert the register of pyrotechnic articles to another notified body

under section 11 (1) 4,



(d)) does not ensure that the subcontractor or the subsidiary company have met the

the requirements pursuant to § 45,



(e)) does not pass the documents relating to the implementation of the activities of the notified body

pursuant to § 48 para. 4,



(f) fails to comply with any of the requirements) related to the activities of a notified

body referred to in section 49, or



g) breach of information duties according to § 62 para. 3 or 4.



(6) the legal successor of the notified body is guilty of an administrative offense

the fact that it does not convert the notified body pursuant to section 12 paragraph 1 records. 5.



(7) the operator of a business with the subject-bound business "buying, selling,

destruction and disposal of pyrotechnic articles of category P2, T2 and F4 and

implementation of the fireworks work "committing an administrative offense, by

does not register the certificate of professional competence of its staff

under this Act.



(8) For administrative offence is imposed in the



and 5 0000 0000 Czk), in the case of an administrative offence referred to in paragraph 1 (b). b), c)

or r), referred to in paragraph 2 (a). (g)), in accordance with paragraph 3 (b). (d)) or

in accordance with paragraph 4 (b). and)




(b)) 1 0000 0000 CZK in the case of an administrative offence referred to in paragraph 1 (b). (d)), and)

(j)), with), or t)



c) 500 000 CZK in the case of an administrative offence referred to in paragraph 1 (b). and), (e)),

g), (h)), k), (l)), o), p) or q), referred to in paragraph 2 (a). (b)), i), (j))),

l), m), n), o) or p), referred to in paragraph 3 (b). (e)), f), (g)), h), (j)) or

k), in accordance with paragraph 4 (b). (b)), or (c)) or under paragraph 5 (b). and)

d) or (f)),



d) 100 000 CZK in the case of an administrative offence referred to in paragraph 1 (b). (f)), m)

or n), referred to in paragraph 2 (a). a), c), (e)), f) or (h)), in accordance with paragraph

3 (b). and), (c)) or i) or under paragraph 5 (b). b), c), (e)), or (g)),



(e)) $ 50,000, in the case of an administrative offence referred to in paragraph 2 (a). (d)), in accordance with

paragraph 3 (b). (b)), referred to in paragraph 6 or pursuant to paragraph 7.



§ 65



Provisions common to administrative offences



(1) a legal person for an administrative offence is not liable if he proves that

made every effort, that it was possible to require that the infringement of the

a legal obligation is prevented.



(2) in determining the amount of fines into account in particular the seriousness of the administrative

offense, the way a criminal offence and its consequences and to the circumstances in

which it was committed.



(3) the responsibility for the administrative offence shall cease, if the administrative authority about him

has commenced proceedings within 2 years from 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 are heard at first instance

inspection bodies under its jurisdiction for the performance of the checks provided for in §

55.



(5) penalties for administrative offences Authority chooses to take. Income from

the fines is the State budget revenue.



TITLE XV



TRANSITIONAL PROVISIONS



§ 66



Transitional provisions



(1) verification of pyrotechnic articles, begun before the date of the acquisition of

the effectiveness of this law shall be completed pursuant to Act No. 155/2000 Coll., on the

the validation of firearms, ammunition, and pyrotechnical items and on the

treatment with some pyrotechnic articles, in the version in force prior to the

the effective date of this Act. Storage and handling

pyrotechnic products placed on the market until the date of entry into force of this

the Act is governed by existing laws.



(2) the validity of certificates provided for pyrotechnic articles issued by the

pursuant to Act No. 156/2000 Coll., in the version in force prior to the date of acquisition

the effectiveness of this law, will end on the expiry of the period for which they were issued.



(3) pyrotechnic articles categorized and tagged test

tags for pyrotechnic articles pursuant to Act No. 155/2000 Coll., on the

the version in force before the date of entry into force of this law, shall be construed as

certified under this Act.



(4) pyrotechnic articles which have been placed on the market before the date of application

the effectiveness of this Act and which are in conformity with this law, the

considered to be marketed in accordance with this Act.



(5) the certificates for pyrotechnic articles for use in vehicles

released before the 4. July 2013 pursuant to Act No. 155/2000 Coll., as amended by

effective before the date of entry into force of this Act, shall remain in

force after the period for which they were issued.



(6) the type-examination certificates issued before 4. July 27th, 2010 by

Act No. 155/2000 Coll., in the version in force before the date of entry into force of

This Act, for fireworks of categories 1, 2 and 3 remain on the

the territory of the United States in effect until the period for which they have been issued,

no later than 4. July 2017.



(7) the Certificates issued before 4. July 2013 pursuant to Act No. 156/2000

Coll., in the version in force before the date of entry into force of this law, for the

pyrotechnic articles of category 4, P1, P2, T1 and T2 remain on the territory of the

The United States in force during the period for which they are issued, at the latest,

However, to 4. July 2017.



(8) A certificate proving the competence for dealing with

pyrotechnic articles of category T2 and F4 for the purposes of this Act,

It also considers the permission or licence the launchers of fireworks released

district mining Office, or the Czech Mining Authority.



PART TWO



Amendment of the Act on the validation of firearms, ammunition and pyrotechnic

items and about the treatment of some pyrotechnic articles



§ 67



Act No 156/2000, on the validation of firearms, ammunition and

pyrotechnical items and on the treatment with some pyrotechnic

products, as amended by Act No 119/2002 Coll., Act No 227/2003 Coll.

Act No 444/2005 Coll., Act No. 36/2008 Coll., Act No. 281/2009 Coll.,

Act No. 148/2010 Coll., Act No. 155/2010 Coll., Act No. 18/2009 Coll.,

Act No. 170/2013 Coll., Act No. 217/2013 Coll., Act No. 64/2014 and

Law No 250/2014 Coll., is amended as follows:



1. in the title of the Act, the words "ammunition and pyrotechnical items and on the

treatment with some pyrotechnic articles "are replaced by the words" and

ammunition ".



2. In the title of part one, the words "AMMUNITION and PYROTECHNIC

AOZACHÁZENÍ ITEM with some PYROTECHNIC products "shall be replaced by

the words "and ammunition".



3. In article 1 (1). 1 the words "incorporates the relevant provisions of the European

the community and building on the directly applicable European regulation

Community ^ 1) "including the footnote 1 shall be deleted.



4. In section 1 (1). 1 (b). and) the words "ammunition or pyrotechnic

products ' shall be replaced by "add-ins" of arms and ammunition.



5. In section 1 (1). 1 (b). (b)), the words "ammunition and pyrotechnic articles"

replaced by the words "accessories of weapons and ammunition".



6. in article 1, paragraph 2, including footnote # 24 repeals and

at the same time, paragraph 1 shall be deleted.



7. In article 2 (2). 1 (b). a), the words "and fixed ammunition" shall be replaced by

the words "provided for ammunition and specified accessories".



8. In article 2 (2). 1, letter a) the following new subparagraph (b)) to (d)), which

including footnote # 26:



"(b)) specified firearm firearm or part ^ 4b), which

subject to verification,



c) laid down or part of the munition ammunition ^ 4 c), which are subject to

authentication,



(d)) laid down weapons supplement Supplement ^ 26), which is subject to verification,



26) § 4 (b). (c)) of the Act No 119/2002 Coll. on firearms and

ammunition (Firearms Act), as amended. ".



Subparagraph (b))) to (i) shall become point (e)) to (l)).



9. in section 2 (2). 1 (b). e), the words "as well as to verify whether it is a

explosive or pyrotechnic ^ 4a) ", including the footnotes.

4A shall be deleted.



10. In section 2 (2). 1 (b). f), the words "or pyrotechnic devices or"

shall be replaced by the word "or" and the words "these products" shall be replaced by

the words "set out in the main part of the firearm, or other

a controlled product performs essential technical design change ".



11. In paragraph 2 (2). 1 (b). (h)), the words "and pyrotechnic articles" are deleted.



12. in section 2 (2). 1 (b). (j)), after the words "weapons", the words "or

set the "add-ins.



13. in section 2 (2). 1 letter):



"placing on the market) each in return for payment or a transfer or

offer to pass the controlled product for the purpose of distribution or

the use of, or assignment of ownership of the controlled products

a manufacturer, importer, distributor or opravcem in the Czech Republic. ".



14. in section 2 (2). 1, point l) repealed.



15. in section 2, paragraphs 2 to 4 shall be added:



"(2) the test means a mark that certifies that

the controlled product was authorized in accordance with this Act or with the

the international treaty, which the Czech Republic is bound ^ 4), and meets the

set out the technical requirements, and



and the single test) means a test mark according to

the international treaty, which the Czech Republic is bound ^ 4),



(b)) the national test means a test mark that certifies

compliance with national technical requirements.



(3) other brand means a sign, that is located on a controlled

the product, however, neosvědčuje that the controlled product has been validated in the

accordance with this Act or with an international agreement binding on the Czech

Republic ^ 4), nor that it meets the technical requirements laid down;

the other marker is especially



and mark you) is a brand of certifying that the controlled

the product is marked with the identification data in the specified range,



(b) the identification mark) service, which is an identification mark in accordance with

the international treaty, which indicates the foreign service, which

Verify the controlled product,



(c)) the identification mark Office, which is an identification tag that

certifies that the controlled product has been verified by the Czech

arms and ammunition (hereinafter referred to as "the authority").



(4) the identification data means an indication or symbol that is not

test, inspection or identification mark, or

two digits or symbol indicating year test. ".



16. in article 2, paragraphs 5 and 6 shall be deleted.



17. in paragraph 2, the following new paragraph 2a, which including the title reads as follows:



"§ 2a



Guns, ammo and accessories of weapons subject to verification



(1) provided for the firearms are



and small arms), which are



1. shotguns,



2. ball weapons,



3. weapons equipped with shotgun gun,



4. guns with reduced kinetic energy,




5. for single use weapons,



6. historical weapons, replicas and imitations of historical weapons, which

are eligible for firing,



7. gauge intended for the detection of ballistic Ballistic values, in particular

pressure, variance, or velocity,



8. signal weapons



9. DART guns,



10. the expansion of the device, which is the primary source of energy explosive

the substance, which can be particularly apparatus for slaughter or metné,



11. expansion weapons which are acoustic weapons, arms and weapons

the granules,



(b)) gas guns, which are



1. air guns,



2. wind-jackets,



3. weapons to carbon dioxide or some other gas or an air cartridge,



4. the paintball guns,



5. metné weapons



6. DART guns,



7. expansion of the device, which is the primary source of energy, gas,



(c)) part of the set of firearms, which are the main part of the

weapons, as well as the bottom screws firearms nabíjených the mouth of the barrel.



(2) the Prescribed addition is suppressor for a weapon that uses the

ammunition with a central passion.



(3) laid down ammunition is



and industrially manufactured or industrial)-action ammunition for small arms

weapons,



b) ammunition for the expansion unit, which are



1. industrially manufactured work charge,



2. powder tablets,



c) ammunition for the weapons, which are of expansion



1. industrially produced acoustic charge,



2. industrially manufactured gas charge,



3. factory made charge with granules,



d) industrially manufactured projectiles for gas guns,



e) industrially manufactured parts of the ammunition required to build the hub or

charge ^ 4 c) if they are placed on the market separately,



f) industrial produced a primer designed for the filling of small arms, which

It is not part of the ammunition under (e)), if it is placed on the market separately.



(4) the Authentication are not subject to expansion devices, whose marketing

by special legislation ^ 25). ".



18. In paragraph 3 (b). and) the words "Czech arms and ammunition

(hereinafter referred to as ' the authority ') "shall be replaced by the word" authority ".



19. in paragraph 3 (b). (c)), and (d)), the words "or pyrotechnic articles" are deleted.



20. In paragraph 3, at the end of subparagraph (f)), the comma is replaced by a dot and the letter g)

including footnote # 5e repealed.



21. Section 4a is deleted.



22. in the title of title II of part one, the words "and PYROTECHNIC ARTICLES"

shall be deleted.



23. in section 6 (1). 3 the part of the sentence after the semicolon shall be replaced by "in this

If it is necessary to individually verify that each provided for a firearm

satisfies the requirements referred to in paragraph 1 (b). a) and (b)). "and at the end of paragraph

the sentence "the following shall be added to the verified set of firearms are referred to

in the same way as the weapons we verified. ".



24. in section 6 (1). 4, the words "implementation unit" shall be replaced by

the words "authentication" and at the end of the paragraph, the following sentence

"Specified firearms submitted by the Office to an individual for verification

the purpose of the renewal of the certificate of homologation marks Office

in the same way as the weapons we verified. ".



25. in paragraph 7, the words "test for the unit authentication" are replaced by

the words "appropriate symbol".



26. in paragraph 8, the words "for the unit authentication" are deleted.



27. in paragraph 8, the following new section 8a, which including the title reads as follows:



"§ 8a



Set authentication add-ins



(1) the verification shall be carried out by means of add-ins provided for unit verification.



(2) Verification is not performed on the imported set out for prior to its

placing on the market, if it is marked with a valid test based on

the international treaty, which the Czech Republic is bound ^ 4).



(3) Unit verification provided for is a procedure in which a

validates and illustrated by marking each laid down for the

test that the specified add-in matches the specified technical

requirements.



(4) the procedure provided for in the regular authentication add-in provides

Ministry decree. ".



28. in § 9 para. 2, after the word "marked" is inserted after the word "applicable".



29. under section 11 is added to § 11a, which including the title reads as follows:



"§ 11a



Check the indication of the products checked identification data



(1) Review the marking of the products checked identification data

(hereinafter referred to as the "check mark identification data") is the process by

which Office showing the inspection tag showing that controlled

the products are marked with identification data in the specified range.



(2) the procedure for control of designations identifying information, provides

Ministry decree.



(3) Check mark identifying information is not authenticated within the meaning of

of this title. '.



30. section 12-14a, including headings and footnotes # 17 c and 17 d

shall be deleted.



31. in article 15, paragraph 2. 1, the words "or of the pyrotechnic article ' shall be deleted, and for

the word "marker)" are the words "or action associated with the control

Mark identification data ".



32. In article 15, paragraph 2. 2 the words "firearms, ammunition,

pyrotechnic articles, explosive objects and materials for their

the use of "shall be replaced by" controlled products ".



33. In article 16(1). 1, letter a) is added:



"a) may be marketed only if the controlled products are validated and

accompanied by a valid test, ".



34. In article 16(1). 1, letter a) the following new subparagraph (b)), which read as follows:



"(b) the export controlled products) only if they are accompanied by a valid

test or check mark ".



Subparagraph (b)) to e) shall become letters (c)) to (f)).



35. In § 16 para. 1 (b). (d)), after the words "fixed ammunition"

the words "or its industrially manufactured parts, if it is placed on the market

separately, ".



36. In article 16(1). 3, after the word "marked" is inserted the word "valid".



37. In article 16(1). 4 (b). a) after the word "arms" the words "or

set the "add-ins.



38. In article 16(1). 5 after the word "weapon", the words ", such

set the "add-in.



39. section 16a is including the footnotes # 18 d up to f be deleted.



40. In part one, title III, including the title.



41. In § 17 paragraph 2. 3 (b). a), the words "or pyrotechnic articles"

deleted and the text at the end of subparagraph (a)), the following words "and performs

check the mark identifying information ".



42. In § 17 paragraph 2. 3 (b). (c)), the words "the test marks" shall be replaced by

the words "test and other marks under this Act".



43. In § 17 paragraph 2. 3 (b). (d)), the words "firearms, ammunition,

pyrotechnic articles, explosive objects and materials for their

the use of "shall be replaced by" controlled products ".



44. In § 17 paragraph 2. 3 (b). (e)), after the words "weapons", the words ",

for weapons "and after the word" gun "with the words" as determined

the add-in ".



45. In § 17 paragraph 2. 3 (f)):



' f) decisions pursuant to § 19 para. 5 and carries out other activities

provided for by specific legislation ^ 19 c) ".



46. In § 17 paragraph 2. 3, points (i) and (j))) shall be deleted.



To be repaced by) is referred to as the letter i).



47. In paragraph 17, the dot at the end of paragraph 3 is replaced by a comma and the following

the letter j) is added:



"j) State administration in the field of pyrotechnic articles pursuant to

the law governing the area of pyrotechnics. ".



48. In § 17 paragraph 2. 4 (b)) shall be deleted.



Subparagraph (c)) to) shall become point (b)) to (j)).



49. In section 17(2). 4 (b). (b)), the words "weapons that is presented"

replaced by the words "weapons or provided for, that are

submitted ".



50. in § 17 paragraph 2. 4 (b). (c)) and e), the words "or pyrotechnic

products ' shall be deleted.



51. In § 17 paragraph 2. 4 (b). I), the words "or pyrotechnic articles"

and are deleted at the end of paragraph (i)), the word "and" is replaced by a comma.



52. In paragraph 17, the dot at the end of paragraph 4 is replaced by the word "and" and the following

the letter k), which read as follows:



"to be published in Journal of the Office) for the technical standardization, metrology

and State testing International decision of the Standing Committee for the test of

small arms ^ 4). ".



53. In article 17, paragraph 5 shall be deleted.



Paragraphs 6 to 11 are renumbered as paragraphs 5 to 10.



54. In § 17 paragraph 2. 5, the words "firearms, ammunition,

pyrotechnics and explosives including all necessary equipment "shall be replaced by

the words "controlled products".



55. In section 5, paragraphs 8 to 10 shall be deleted.



56. In the heading of paragraph 18, the words "and pyrotechnic articles" are deleted.



57. In section 18 para. 1 introductory part of the provisions, the words "or pyrotechnic

products ' shall be deleted and the word "State" with the words "next to the

requirements laid down in the code of administration ".



58. In section 18 para. 1, letter a) is repealed.



Subparagraph (b)) to d) are known as a) to (c)).



59. In section 18 para. 1 (b). and) point 1 the word "for" is inserted after the word

"set" and at the end of the text of point 1, the words "and established by the

the add-in ".



60. in section 18 para. 1 (b). point 2) after the word "for" is inserted after the word

"laid down".



61. In section 18 para. 1 (b). and) point 3 shall be deleted.



62. In section 18 para. 1 (b). (c)), the words "11 or 12" shall be replaced by

"or 11".




63. In section 18 para. 2, after the words "weapons," the words "laid down

Add-ons, ", the words" or pyrotechnic articles tagged "are replaced by the

the words "marked with the identification" and the words "or a" pyrotechnic articles

shall be deleted.



64. In paragraph 4 of section 18 reads as follows:



"(4) for damage to or destruction of a firearm or provided for,

which authority took over for authentication, the Office. The authority has the responsibility

relieved, if he proves that the damage on the weapon or provided for

occurred in connection with a defect that had a gun or determined by the add-in

the time of submission. For any damages under the civil procedure

code. Samples of the ammunition will be refunded. ".



Footnote No. 20 is deleted.



65. In section 18 para. 5, the words "or pyrotechnic articles" are deleted.



66. paragraph 19, including the title reads as follows:



"§ 19



Labelling



(1) controlled products which meet established technical requirements and

have been verified by the authority are referred to the uniform test marks and

means of identification of the Office, or national test marks.



(2) firearms and provided for further Office marks the Add-ons

two digits of the year of the test or symbol, unless it is of the prescribed

firearms, for which he was issued a certificate of homologation.



(3) the Ministry of the Decree provides for the design, implementation and

the location of the marks provided for in paragraphs 1 and 2.



(4) the firearm or specific add-in that

does not meet the technical requirements laid down in the regular authentication, take your

the Office of the identification mark of the authority. The specified firearm or

set the add-in that does not meet the technical requirements laid down in

repeated regular authentication, take your Office through the previously marked tag

referred to in paragraphs 1 and 2 of the letter "X". Separate identification

mark or identification mark and the letter "X" the petitioner

is not permitted to use, and putting the labelled set fire

weapons or provided for on the market.



(5) at the request of the petitioner, who submitted to the validation set

a firearm or specific add-in, the gun or determined

Office add-in order to avoid disruption of their historical

or other values. The Office makes a mark in the appropriate place, due to the type of

set firearms or provided for.



(6) the Controlled products that are marked with identification data in

specified range, designates the Office of the control tag. Graphic design,

the design and location of the control markers shall set by Decree of the Ministry.

Mark is not a test, and the petitioner shall not entitle to

indication of the thus marked the controlled product on the market. ".



67. in paragraph 19, the following new section 19a, which including the title reads as follows:



"§ 19a



The evaluation of the brand



(1) test tag is considered valid if it is indicated in the

accordance with the terms of the labelling under this Act.



(2) For a valid test and the test is considered a brand mark that

is marked in accordance with an international treaty binding on the Czech

Republic.



(3) the Ministry shall publish the Decree graphic design of proofmarks

the States parties to the international treaties, which the Czech Republic is bound,

and which are recognized as valid. The Ministry also will publish a decree

graphic design services with the identification marks of the Contracting States

the international treaty, which the Czech Republic is bound, and, where appropriate,

other brands if their showing makes such international

into force of the Treaty of the tag in the first sentence.



(4) if the tag is not marked test in accordance with the terms of

under this Act, shall be assessed the validity of its designation under

law or international treaty, effective at the time of

the designation.



(5) in case of doubt about the validity of the test decides to brand authority.

The Office's decision on the validity of anonymised evaluation marks will publish

the Office in a manner allowing remote access. ".



68. In section 20 (2). 1, the words ", with the exception of checks on compliance with

obligations under section 16b by the Czech trade inspection "

shall be deleted.



69. In article 20, paragraph 2 shall be deleted.



The former paragraph 3 shall become paragraph 2.



70. in section 20a para. 1, the words "or pyrotechnic article ' shall be deleted.



71. In section 20a para. 2, the words "or otherwise make available the pyrotechnic

products ' shall be deleted.



72. In section 20a para. 3 and 5, the words "or pyrotechnic articles" are deleted.



73. In section 20a para. 6, the words "or pyrotechnic articles" and the words

"or pyrotechnic articles" are deleted.



74. In section 20a para. 7, the words "or pyrotechnic articles" are deleted.



75. In section 20b paragraph 1. 1, the words "or pyrotechnic devices", the words "or

pyrotechnic articles "and the second sentence shall be deleted.



76. In section 20b paragraph 1. 2, the words "or pyrotechnic articles" are deleted.



77. In section 20b paragraph 1. 2, the part of the sentence after the semicolon including the semicolon

repealed.



78. In section 20b paragraph 1. 3, the words "or the bomb product ' shall be deleted.



79. In section 20 c of paragraph 1. 1, the words "or of the pyrotechnic article" and the

the last deleted.



80. in the section 20 c of paragraph 1. 2, the words "or of the pyrotechnic article ' shall be deleted.



81. In section 20 c of paragraph 1. 4, the words "or pyrotechnickému product ' shall be deleted.



82. In § 21 para. 5, the words ", 9 or 12" shall be replaced by the words "or 9" and

the last sentence shall be replaced by the phrase "in the case of particularly complex event

or, if no other serious reasons, to comply with the time limit referred to in the sentence

First, this period shall be extended by a further 30 days. ".



83. section 22, including the title.



84. In § 22a para. 1 (b). a), the words "test mark, CE mark"

replaced by the words "trial or next marker".



85. In § 22a para. 1 (b). (b)), the words "otherwise makes a pyrotechnic

a product that does not meet the technical requirements laid down under section 4A(1).

1.0 ' shall be deleted.



86. In § 22a para. 1 at the end of subparagraph (c)) the comma is replaced by a dot and the

the letters d) to (f)) shall be deleted.



87. In § 22a para. 2 (a). a), the words "or take" are deleted.



88. In § 22a para. 2, letter a) the following new subparagraph (b)), which read as follows:



"(b)) in violation of § 16 para. 1 (b). (b) the controlled product). "



Subparagraph (b)) to (f)) shall become point (c)) to (g)).



89. In § 22a para. 2 (a). (c)), the words "§ 16 para. 1 (b). (b)) "are replaced by

the words "§ 16 para. 1 (b). (c)) ".



90. in § 22a para. 2 (a). (d)), the words "§ 16 para. 1 (b). (c)) "are replaced by

the words "§ 16 para. 1 (b). (d)) ".



91. In § 22a para. 2 (a). e), the words "§ 16 para. 1 (b). (d)), "

replaced by the words "§ 16 para. 1 (b). (e)), or ".



92. In § 22a para. 2 (a). f), the words "§ 16 para. 1 (b). (e)), or "

replaced by the words "§ 16 para. 1 (b). f).“.



93. In § 22a para. 2 g) repealed.



94. In section 22a, paragraphs 3 and 4 shall be deleted.



Paragraphs 5 to 10 shall be renumbered as paragraphs 3 to 8.



95. In Article 22a, paragraph 4 shall be deleted.



Paragraphs 5 to 8 shall become paragraphs 4 to 7.



96. In § 22a para. 4, after the word "marked" is inserted the word "valid".



97. In Article 22a, paragraph 5 shall be deleted.



Paragraphs 6 and 7 are renumbered as paragraphs 5 and 6.



98. In § 22a para. 6 (a). a), the words "d) and (f)), paragraph 4, 7 or 8"

replaced by the words "e) or paragraph 4".



99. In § 22a para. 6 (a). (b)), the words "paragraphs 3, 5 or 6" shall be replaced by

the words "paragraph 3".



100. In § 22a para. 6 (a). (c)), the words "paragraph 1 (b). d) to (f)),

paragraph 2 (a). (e)) or paragraph 9 shall be replaced by paragraphs 2 (a).

(e)), or to paragraph 5 ".



101. In section 22b para. 4, the words ", with the exception of the administrative offense under §

22A paragraph 2. 4, which dealt with the Czech trade inspection "shall be deleted.



102. section 24 of the title:



"§ 24



A mandate



The Ministry will issue a decree to implement paragraph 6 (1). 1, § 7, § 8a and 8 paragraph 1.

4, section 10, paragraph 1. 1 (b). (c)), section 11a. 2, article 15, paragraph 2. 2, § 16 para. 1

(a). (d)), § 16 para. 2 (a). and, § 18 paragraph 1). 2, § 18 para. 3 (b). a), §

19 para. 3 and 6, § 19 para. 3 and § 20 para. 1. ".



103. the annex to the Act is repealed.



104. The footnote No. 5a and 22 shall be deleted.



§ 68



Transitional provision



Fixed ammunition can be referred to in a manner according to law No.

156/2000 Coll., on the validation of firearms, ammunition and pyrotechnic

items and about the treatment of some pyrotechnic products, as amended by

effective until the date of entry into force of this Act, not later than 19. October

2016.



§ 69



Regulation (EEC)



Shall be repealed:



1. Government Regulation No. 32/2014 Coll., on treatment with pyrotechnic

products.



2. Government Regulation No. 208/2010 Coll., on technical requirements for

pyrotechnic articles and their placing on the market.



PART THREE



Amendment of the Act on weapons



section 70



Act No 119/2002 Coll., on firearms and ammunition (law on

weapons), as amended by Act No. 320/2002 Coll., Act No 227/2003 Coll.

Act No. 228/2003 Coll., Act No. 537/2004 Coll., Act No. 361/2005 Coll.

Act No 444/2005 Coll., Act No. 309/2006 Coll., Act No. 170/2007 Coll.

Act No. 124/2008 Coll., Act No. 189/2008 Coll., Act No. 274/2008 Coll.,

Act No. 484/2008 Coll., Act No. 41/2009 Coll., Act No. 227/2009 Coll.,


Act No. 281/2009 Coll., Act No. 148/2010 Coll., Act No. 375/2007 Coll.

Act No 420/2007 Coll., Act No. 167/2012 Coll., Act No. 170/Sb.

and Act No. 281/2013 Coll., is amended as follows:



1. in section 29 para. 3 (b). (c)) at the end of the word "or" is deleted.



2. in section 29 is a period at the end of paragraph 3 is replaced by a comma and the following

letters e) and (f)), which read as follows:



"e) to shoot a weapon fitted with a silencer firearm, if the weapon

for this purpose has not been verified by a special legal regulation ^ 3),

or



(f)) of the weapon with a silencer to shoot a firearm ^ 3), if such

suppressor is subject to verification by a special legal

prescription ^ 3) and is not provided with the appropriate a valid test. ".



3. In paragraph 63, the following shall be added at the end of paragraph 7, the phrase "when checking by the phrase

other relevant Department of police checks for compliance with the obligations of the legitimate

the person pursuant to § 39 para. 2. In the case that the relevant Department of police

finds misconduct an authorized person, shall confirm category change weapons in the

The Central arms register, otherwise, you may return the gun to the applicant and invite

to delete the control deficiencies found, if their

the nature of permits; without prejudice to the provisions on the liability of the authorized

person as the holder of the licence for the administrative offence. ".



4. In section 103 paragraph. 8 (a). (g)), section 2, the word "or" is deleted.



5. § 76a, the dot at the end of paragraph 8 shall be replaced by "or", and

the following letter i), which read as follows:



"i) shoots of weapons in violation of § 29 para. 3 (b). e) or (f)). ".



6. In section 103 paragraph. 14 (a). and) (a) after the words ". (h)) "the words

"or i)".



PART FOUR



Amendment of the Act on administrative fees



§ 71



The annex to the Act No 634/2004 Coll., on administrative fees, as amended by

Act No. 217/2005 Coll., Act No. 228/2005 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. 227/2006 Coll., Act No. 227/2006 Coll.

Act No. 235/2006 Coll., Act No. 309/2006 Coll., Act No. 575/2006 Coll.

Act No. 106/2007 Coll., Act No. 261/2007 Coll., Act No. 261/2007 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., Act 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. 297/2008 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 Coll., Act No. 41/2009, Coll.,

Act No. 141/2009 Coll., Act No. 197/2009 Coll., Act No. 207/2009 Coll.,

Act No. 227/2009 Coll., Act No. 281/2009 Coll., Act No. 291/2009 Coll.,

Act No. 301/2009 Coll., Act No. 346/2009 Coll., Act No. 420/2009 Coll.,

Act No. 132/2010 Coll., Act No. 148/2010 Coll., Act No. 153/2010 Coll.,

Act No. 160/2010 Coll., Act No. 343/2010 Coll., Act No. 427/2010 Coll.,

Act No. 30/2011 Coll., Act No. 105/2007 Coll., Act No. 133/2007 Coll.

Act No. 134/2007 Coll., Act No. 152/2007 Coll., Act No. 188/2007 Coll.

Law No 245/2007 Coll., Act No. 249/2011 Coll., Act No. 255/2007 Coll.

Law No. 262/2007 Coll., Act No. 300/2011 Coll., Act No. 308/2007 Coll.

Act No. 329/2011 Coll., Act No. 344/2007 Coll., Act No. 349/2007 Coll.

Act No. 350/2011 Coll., Act No. 357/2010 Coll., Act No. 375/2007 Coll.

Act No. 428/2007 Coll., Act No. 457/2011 Coll., Act No. 458/2007 Coll.

Act No. 472/2010 Coll., Act No. 19/2009 Coll., Act No. 37/2009 Coll.,

Act No. 53/2010 Coll., Act No. 119/2009 Coll., Act No. 169/2009 Coll.,

Act No. 172/2009 Coll., Act No. 202/2009 Coll., Act No. 221/2009 Coll.,

Act No. 225/2012 Coll., Act No. 274/2009 Coll., Act No. 350/2012 Coll.

Act No. 359/2012 Coll., Act No. 399/2009 Coll., Act No. 407/2009 Coll.,

Act No. 428/2009 Coll., Act No. 496/2012 Coll., Act No. 502/2012 Coll.

Act No. 503/2012 Coll., Act No. 50/2013 Coll., Act No. 69/Sb.

Act No. 102/2013 Coll., Act No. 170/2013 Coll., Act No. 185/Sb.

Act No. 186/2013 Coll., Act No. 232/2013 Coll., Act No. 239/Sb.

Act No. 241/2013 Coll., Act No. 257/2013 Coll., Act No. 273/Sb.

Act No. 279/2013 Coll., Act No. 281/2013 Coll., Act No. 306/Sb.

Act No. 313/2013 Coll., legal measures the Senate no 344/Sb.

Act No. 101/2014 Coll., Act No. 127/2014 Coll., Act No. 187/2014 Sb.

Act No. 249/2014 Coll., Act No. 257/2014 Coll., Act No. 259/2014 Sb.

Act No. 264/2014 Coll., Act No. 268/2014 Coll., Act No. 331/2014 Sb.

Act No. 81/2015 Coll. and Act No. 103/2015 Coll., is amended as follows:



1. In part I, item 22 in the letter r) shall be added:



"r) receipt of a request for the issue of a certificate of professional competence referred to in

the law on pyrotechnic articles and their treatment-$ 1, 000. ".



2. in part II, item 30 (a). (c) the words "acceptance of the application) on the issue of

the card weapons "shall be replaced by the words" acceptance of the notification of the acquisition of ownership

to arms ".



3. In part II, item 32 (a). (b)) after the word "authentication"

the words "weapons ^ 31) or add-in".



4. in item 32, part II, point g) repealed.



Subparagraph (h)) to (j)) are known as the letters g) to (i)).



5. In section XII in the 160 words "edition of the arms licence for the

permanent imports or for the transit of weapons or ammunition "shall be replaced by

"The acceptance of applications for the issue of the arms of the accompanying worksheet for permanent export,

import or transit of weapons or ammunition "and the number" 500 "is replaced by

"800".



PART FIVE



Amendment to the Trade Licensing Act



§ 72



Act No. 455/1991 Coll., on trades (Trade Act),

as amended by Act No. 234/1992 Coll., Act No. 586/1992 Coll., Act No.

600/1992 Coll., Act No. 273/1993 Coll., Act No. 303/1993 Coll., Act No.

38/1994 Coll., Act No. 42/1994 Coll., Act No. 133/1994 Coll., Act No.

200/1994 Coll., Act No. 237/1995 Coll., Act No. 283/1995 Coll., Act No.

94/1996 Coll., Act No. 95/1996 Coll., Act No. 147/1996 Coll., Act No.

19/1997 Coll., Act No. 49/1997 Coll., Act No. 61/1997 Coll., Act No.

79/1997 Coll., Act No. 217/1997 Coll., Act No. 277/1997 Coll., Act No.

15/1998 Coll., Act No. 82/1998 Coll., Act No. 157/1998 Coll., Act No.

167/1998 Coll., Act No. 159/1999 Coll., Act No. 359/1999 Coll., Act No.

363/1999 Coll., Act No. 360/1999 Coll., Act No. 363/1999 Coll., Act No.

27/2000 Coll., Act No. 29/2000 Coll., Act No. 121/2000 Coll., Act No.

122/2000 Coll., Act No. 121/2000 Coll., Act No. 128/2000 Coll., Act No.

149/2000 Coll., Act No. 151/2000 Coll., Act No. 155/2000 Coll., Act No.

247/2000 Coll., Act No. 247/2000 Coll., Act No. 258/2000 Coll., Act No.

308/2000 Coll., Act No. 367/2000 Coll., Act No. 406/2000 Coll., Act No.

458/2000 Coll., Act No. 100/2001 Coll., Act No. 120/2001 Coll., Act No.

164/2001 Coll., Act No. 257/2001 Coll., Act No. 273/2001 Coll., Act No.

477/2001 Coll., Act No. 483/2001 Coll., Act No. 501/2001 Coll., Act No.

86/2002 Coll., Act No. 119/2002 Coll., Act No. 174/2002 Coll., Act No.

281/2002 Coll., Act No. 312/2002 Coll., Act No. 320/2002 Coll., the award

The Constitutional Court declared under no. 476/2002 Coll., Act No. 88/2003

Coll., Act No. 130/2003 Coll., Act No. 161/2003 Coll., Act No. 228/2003

Coll., Act No. 228/2003 Coll., Act No. 274/2003 Coll., Act No. 356/2003

Coll., Act No. 441/2003 Coll., Act No. 38/2004 Coll., Act No. 119/2004

Coll., Act No. 167/2004 Coll., Act No. 256/2004 Coll., the Act No. 326/2004

Coll., Act No. 499/2004 Coll., Act No. 695/2004 Coll., Act No. 58/2005

Coll., Act No. 95/2005 Coll., Act No. 127/2005 Coll., Act No. 215/2005

Coll., Act No. 251/2005 Coll., Act No. 361/2005 Coll., Act No. 428/2005

Coll., Act No 444/2005 Coll., Act No. 62/2006 Coll., Act No. 76/2006

Coll., Act No. 109/2006 Coll., Act No. 115/2006 Coll., Act No. 131/2006

Coll., Act No. 159/2006 Coll., Act No. 165/2006 Coll., Act No. 179/2006

Coll., Act No. 186/2006 Coll., Act No. 191/2006 Coll., Act No. 212/2006

Coll., Act No. 216/2006 Coll., Act No. 225/2006 Coll., Act No. 310/2006

Coll., Act No. 315/2006 Coll., Act No. 160/2007 Coll., Act No. 269/2007

Coll., Act No. 270/2007 Coll., Act No. 296/2007 Coll., Act No. 130/2008

Coll., Act No. 189/2008 Coll., Act No. 230/2008 Coll., Act No. 254/2008

Coll., Act No. 274/2008 Coll., Act No. 227/2009 Coll., Act No. 285/2009

Coll., Act No. 145/2010 Coll., Act No. 155/2010 Coll., Act No. 160/2010

Coll., Act No. 424/2010 Coll., Act No. 427/2010 Coll., Act No. 73/2011

Coll., Act No. 152/2007 Coll., Act No. 350/2011 Coll., Act No. 351/2011

Coll., Act No. 355/2007 Coll., Act No. 375/2007 Coll., Act No. 420/2011

Coll., Act No. 428/2007 Coll., Act No. 458/2011 Coll., Act No. 53/2012

Coll., Act No. 119/2009 Coll., Act No. 167/2009 Coll., Act No. 169/2012

Coll., Act No. 199/2009 Coll., Act No. 201/2009 Coll., Act No. 202/2012

Coll., Act No. 221/2009 Coll., Act No. 407/2009 Coll., Act No. 234/2013


Coll., Act No. 241/2013 Coll., Act No. 279/2013 Coll., Act No. 303/2013

Coll., Act No. 308/2013 Coll., Act No. 309/2013 Coll., Act No. 127/2014

Coll., Act No. 140/2014 Coll. and Act No. 267/2014 Coll., is amended as follows:



1. in annex No. 2 TRADE for trade-BOUND "Implementation structures,

their changes and removal "business is business

"The purchase, sale, destruction and disposal of pyrotechnic articles

category P2, T2, and F4, and the implementation of works ' Fireworks; in the second

column, the text reads:



"for the purchase, sale, destruction and disposal of pyrotechnic articles

category P2, certificate of professional competence referred to in § 36 odst. 1 (b).

and) Act No. 206/2015 Sb.; for the purchase, sale, destruction and disposal of

pyrotechnic articles of category T2 and F4 and implementation of fireworks

the work of the certificate of professional competence referred to in § 36 odst. 1 (b). (b)) or

document referred to in section 66 paragraph 1. 8 of law No. 206/2015 Sb. ";



in the third column, the text reads: "Law No. 206/2015 Sb.".



2. in annex 3 of the FRANCHISED BUSINESS for business "research,

development, production, destruction, disposal, processing, buying and selling

explosives "at the end of the text in the first column, the words" and the implementation of the

blasting ";



in the second column, the text following the semicolon at the end and the words "for

blasting: permission or licence střelmistra issued by the

district mining Office, or with the permission of the technical head of the blasting,

issued by the Czech Mining Authority *) ";



in the fourth column, the text reads: "for research, development, production, destruction,

the disposal process, purchase and sale of explosives ", the Czech mining Office.



3. in annex 3 of the FRANCHISED BUSINESS for business "development,

manufacture, repair, modification, transfer, purchase, sale, renting,

retention, degradation and destruction of weapons and ammunition "in the fifth column

the words "§ 17 para. 3 (b). k) Act No. 155/2000 Coll., on the authentication

firearms, ammunition, and pyrotechnical items and on changing the law

No. 288/1995 Coll., on firearms and ammunition (the Firearms Act

weapons), as amended by Act No. 13/1998 Coll. and Act No 368/1992 Coll., on the

administrative fees, as amended, as amended by Act No.

155/2010 Sb. "shall be replaced by the words" § 17 para. 3 (b). I) of Act No 156/2000

Coll. on the validation of firearms and ammunition, as amended by Act No.

13/1998 Coll. and Act No 368/1992 Coll., on administrative fees, as amended by

amended, as amended by Act No. 155/2010 Coll., as amended by law

No 206/2015 Coll., on pyrotechnic articles and their treatment and about

amendments to certain laws (the law on Fireworks) ".



4. In annex 3 to the CONCESSION BUSINESS is business "blasting and

Fireworks works "is deleted.



section 73



Transitional provisions



(1) the existing license shall remain in effect, unless

unless otherwise provided for.



(2) entrepreneurs, which on the date of entry into force of Act No. 206/2015 Sb.

on pyrotechnic articles and their treatment and amending certain

laws (the law on Fireworks), it took the trade licence to

trade "blasting Fireworks and works" in

full extent or partial scope of business "implementation

blasting ", they are entitled to after the entry into force of Act No. 206/2015

Coll., on pyrotechnic articles and their treatment and amending certain

laws (the law on Fireworks), operate the "research, development,

production, destruction, disposal, processing, purchase and sale of explosives and

blasting "in the range of the subject of business" implementation

blasting ". Trade Licensing Office shall register the change in the trade

register within 5 days from the date of entry into force of Act No. 206/2015 Coll.

pyrotechnic articles and dealing with and amending some laws

(the law on Fireworks).



(3) businesses, which at the date of entry into force of Act No. 206/2015 Sb.

on pyrotechnic articles and their treatment and amending certain

laws (the law on Fireworks), it took the trade licence to

trade "blasting Fireworks and works" in

full extent or partial scope of business "implementation

Fireworks works ", they are entitled to after the date of entry into force of law No.

206/2015 Coll., on pyrotechnic articles and their treatment and amending

Some laws (the law on Fireworks), operate coupled business

"The purchase, sale, destruction and disposal of pyrotechnic articles

category P2, T2 and the F4 and the execution of the work "in the range of fireworks

business ' implementation of the fireworks work ". Trade Office

changes shall be entered in the trade register within 5 days from the date of acquisition

the effectiveness of Act No. 206/2015 Coll., on pyrotechnic articles and

dealing with and on amendments to certain acts (the Act on the Fireworks).



(4) businesses, which at the date of entry into force of Act No. 206/2015 Sb.

on pyrotechnic articles and their treatment and amending certain

laws (the law on Fireworks), it took the trade licence to

free trade, are authorized to engage in activities

consisting in the purchase, sale, destruction and disposal of pyrotechnical

products in category P2, T2 and F4 for a period of one year from the date of acquisition

the effectiveness of Act No. 206/2015 Coll., on pyrotechnic articles and

dealing with and on amendments to certain acts (the Act on the Fireworks).

If they are going to after the period referred to in the first sentence in the operation of

those activities continue, are required before the expiry of this period, the

report a trade office bound "purchase, sale, destruction and

disposal of pyrotechnic articles of category P2, T2, and F4, and implementation

Fireworks works "in full or in part the subject of business

and proof of professional competence required for the operation of the said

trades.



(5) the proceedings initiated pursuant to Act No. 455/1991 Coll., as amended effective

before the date of entry into force of Act No. 206/2015 Coll. on pyrotechnic

and handling of products and amendments to certain acts (the Act on

pyrotechnics), shall be completed pursuant to Act No. 455/1991 Coll., as amended by

effective from the date of entry into force of Act No. 206/2015 Coll.

pyrotechnic articles and dealing with and amending some laws

(the law on Fireworks).



(6) Acts carried out pursuant to paragraphs 2 to 4 shall be exempt from administrative

fees.



PART SIX



Amendment of the law on mining activities, explosives and the State Mining Administration



§ 74



Act No. 61/1988 Coll. on mining activities, explosives and the State

Mining Administration, as amended by Act No. 425/1990 Coll., Act No. 542/1991 Coll.,

Act No. 171/1993 Coll., Act No. 128/1999 Coll., Act No. 71/2000 Coll.

Act No. 124/2000 Coll., Act No. 313/2001 Coll., Act No. 206/2002 Coll.

Act No. 320/2002 Coll., Act No. 228/2003 Coll., Act No 227/2003 Coll.

Act No. 3/2005 Coll., Act No. 386/2005 Coll., Act No. 186/2006 Coll.

Act No. 309/2006 Coll., Act No. 342/2006 Coll., Act No. 296/2007 Coll.

Act No. 376/2007 Coll., Act No. 124/2008 Coll., Act No. 189/2008 Coll.,

Act No. 274/2008 Coll., Act No. 223/2009 Coll., Act No. 227/2009 Coll.,

Act No. 281/2009 Coll., Act No. 155/2010 Coll., Act No. 184/2011 Sb.

Law No 375/2007 Coll., Act No. 18/2009 Coll., Act No. 64/2014 and

Law No 250/2014 Coll., is amended as follows:



1. in section 21 para. 1, point k) repealed.



Letter l) is referred to as the letter k).



2. in section 21 para. 1 (b). k), the words "or fireworks work" shall be deleted.



3. in section 22 para. 12, the words "or when Fireworks works" shall be deleted.



4. in paragraph 1 of article 23. 1 the words "release of franchised businesses in research,

the development, production, destruction, disposal, processing, buying and selling

explosives "shall be replaced by" the concession for the operation of "research,

development, production, destruction, disposal, processing, buying and selling

explosives and blasting "in the scope of business

"research, development, production, destruction, disposal, processing, purchasing and

the sale of explosives ".



5. In section 27 para. 1, the words "or ohňostrojné work" shall be deleted.



6. In section 27 para. 2 the words "blasting in other activities and

ohňostrojné work "shall be replaced by the words" and blasting works in other

activities ".



7. In section 27 para. 3 the words "and Fireworks work" shall be deleted;



8. In section 27 para. 5, the words "ohňostrojné work" shall be deleted.



9. In section 27 para. 6, the words "and the Fireworks" are deleted.



10. in section 28 para. 1, the words "or fireworks work" shall be deleted.



11. in section 28 para. 2 (a). a), the words "or fireworks work"

shall be deleted.



12. in section 28 para. 3, the words "or fireworks work" shall be deleted.



13. In article 35, paragraph 2 shall be deleted.



Paragraphs 3 and 4 shall become paragraphs 2 and 3.



14. in section 35 para. 3 the words "man" and the words "Fireworks,

the launchers of Fireworks "are deleted.



15. § 36 odst. 2 the words "the imploders, Fireworks and" are deleted.



16. in § 36 odst. 6, the words ", Fireworks works" shall be deleted.



17. § 36 odst. 8, the words "the launchers of fireworks or


the bomb squad "are replaced by the words" or pyrotechnics ".



18. section 36 d including the title reads as follows:



"§ 36 d



Production of pyrotechnic articles



Production of pyrotechnic articles is considered handled explosives. ".



19. in section 40 para. 6 at the end of subparagraph (g)) is replaced by a comma and dot

the following point (h)), including footnotes, No 23:



"h) carries out activities provided for in special legislation ^ 23).



23) Law No. 206/2015 Coll., on pyrotechnic articles and the treatment

them and on amendments to certain laws (the law on Fireworks). ".



20. In § 41 para. 2 (a). I), the words "and ohňostrojné work" shall be deleted.



21. in § 41 para. 2 at the end of the letter m), the dot is replaced by a comma and

the following point (n)), which read as follows:



"n) performs the activities provided for in special legislation ^ 23).".



22. in section 44 para. 1 (b). (b)), the words "or fireworks work"

shall be deleted.



23. § 44a para. 2 (a). l), the words "storage, sale or

the use of ' shall be deleted.



24. In § 44a para. 3 (b). p), the words "paragraph. 1 and 4, or in violation of §

35 para. 2 and 4 are designated to prepare, launch, disposal or destruction

the explosives for ohňostrojným work by another person than the Blaster

Fireworks, or, or the destruction or disposal of explosives

in the process of their manufacture or processing, including research, development or

experimental production shall designate the person in violation of § 35 para. 3 and 4 "are deleted.



25. In § 45 para. 3 (b). a), the words "or explosive course" and the words

"or explosive subject" shall be deleted.



26. in § 45 para. 3 (b). (b)), the words "or an explosive item" are deleted.



§ 75



Regulation (EEC)



Decree No. 123/2014 Coll. on safety and technical requirements for

the handling of pyrotechnic articles, it is deleted.



PART SEVEN



Amendment of the Act on consumer protection



§ 76



In § 23 para. 8 of Act No. 634/1992 Coll. on consumer protection, as amended by

Act No. 103/1995 Coll., Act No. 146/2000 Coll., Act No. 229/2006 Coll.

Act No. 36/2008 Coll. and Act No. 356/2014 Sb., the words "ammunition and

pyrotechnic articles "are replaced by the words" and ammunition ".



PART EIGHT



FINAL PROVISION



§ 77



This Act has been notified in accordance with the directive of the European Parliament and of the

Directive 98/34/EC of 22 December 2004. June 1998 on the procedure for the provision

information in the field of standards and technical regulations and rules on services,

the information society, as amended.



PART NINE



The EFFECTIVENESS of the



§ 78



This Act shall take effect on the 15th day following its publication.



in from Arvind v. r..



Zeman in r.



Sobotka in r.



Annex 1



The basic definition of the types and categories of pyrotechnic articles



(1) Fireworks are divided into



F1 category), which includes Fireworks, which represents

a very low hazard and has negligible levels of noise, and which is intended

for use on areas including Fireworks intended for

use inside residential buildings,



(b)) category F2, which includes Fireworks, which represents

low hazard and low level of noise and that is designed for outdoor

the use of the areas,



(c)) the category F3, which includes Fireworks, which represents

medium risk, is intended for outdoor use on open

spaces and the noise level does not harm human health,



(d)) the category F4, which includes Fireworks, which represents

the great danger is intended for use only by persons with professional

competence and whose level of noise does not harm human health.



(2) the theatrical pyrotechnics are divided into



and) category T1, which includes theatrical pyrotechnics, which represents

low hazard,



(b)) the category T2, which includes theatrical pyrotechnics, which can

use only persons with competence.



(3) other pyrotechnic articles are divided into



and category P1), which includes other pyrotechnic products

represent little danger,



(b)) P2, which includes other pyrotechnic articles which are

intended for handling or use by persons with specialist

the comp.



Annex 2



Basic safety requirements for pyrotechnic articles



1.

Each pyrotechnic article must attain the functional properties

specified by the manufacturer and the notified body, in order to ensure

maximum security and reliability.



2.

Each pyrotechnic article must be designed and constructed so that the

can be securely defuse the appropriate procedure with minimal interruption to

the environment.



3.

Each pyrotechnic article must function properly when used to

their intended purpose.



4.

Each pyrotechnic article must be tested under real-world conditions.

If it is not possible to carry out in the laboratory, it is necessary to perform tests for

the conditions under which this product is to be used.



The information below and, where appropriate, the properties must be taken into account

or tested



and) the design, construction and characteristic properties, including a detailed

chemical composition (weight and the percentage of substances) and

dimensions,



(b)), the physical and chemical stability of the pyrotechnic article in all

normal, foreseeable environmental conditions,



c) sensitivity to normal, predictable handling and transport,



(d) compatibility of all components) with respect to their chemical stability,



e) resistance of the pyrotechnic article against humidity, if the pyrotechnic article

product designed for use in humid or wet conditions and when its safety

or reliability to be adversely affected by humidity,



f) resistance to low and high temperatures, is a pyrotechnic article

intended to be kept or used at such temperatures and when its

safety or reliability to be adversely affected by cooling or

heating of a component or of the pyrotechnic article as a whole,



g) safety features to prevent untimely or inadvertent initiation

or ignition,



h) suitable instructions and, where necessary, markings in respect of

safe handling, storage, use (including safe

distances) and disposal, in any language,



I) the ability of the pyrotechnic article, its smallest of the consumer

packaging and other components to withstand deterioration during storage under normal,

foreseeable conditions,



j) specification of all devices and accessories needed, and instructions for use

for reliable and safe functioning of the pyrotechnic article.



5.

During transportation and normal handling should not pyrotechnic articles

releasing the pyrotechnic put, unless the manufacturer's instructions to the contrary.



6.

Pyrotechnic articles must not contain other explosives and třaskaviny than

Black gunpowder and the Flash folder, excluding products of category P1,

P2, T2 and fireworks of category F4, satisfying the following conditions:



and explosives and třaskaviny cannot be) of the pyrotechnic article easily

extract;



(b) in the case of category P1) the product can not work a detonation way

nor can the way it was designed and manufactured, initiate a secondary

explosives to detonate;



(c) in the case of category F4), T2 and P2 is a product designed and intended to

a detonation way did not work, or if it is designed to detonoval,

not the way it was designed and manufactured, initiate secondary explosives to

detonation.



7. Different types of pyrotechnic articles must also meet the

at least the following requirements:



7.1 fireworks



Manufacturer divides Fireworks into categories according to the section 4, paragraph 4. 2

(a). and in particular, under the net) of explosive substances, safe content

distances and noise levels.



7.1.1 fireworks must meet the following criteria:



7.1.1.1., in the case of category F1



a) safety distance must be at least 1 m; Depending on the nature

the pyrotechnic article may be a safe distance is shorter,



(b) the maximum level of noise) at a safe distance shall not exceed 120 dB

(Imp.) or equivalent noise level measured by another appropriate

method,



(c)) must not include firecrackers, batteries, Flash Bangers and petard

battery Flash petard and



d) firecrackers may not include more than 2.5 mg firedamp silver



.2 in the case of category F2



the maximum noise level) at a safe distance shall not exceed 120 dB

(Imp.) or equivalent noise level measured by another appropriate

method,



b) safety distance must be at least 8 m; Depending on the nature

the pyrotechnic article may be a safe distance shorter.



7.1.1.3 If the category F3



a) safety distance must be at least 15 m; Depending on the nature

the pyrotechnic article may be a safe distance is shorter,



(b) the maximum level of noise) at a safe distance shall not exceed 120 dB

(Imp.) or equivalent noise level measured by another appropriate

method.



7.1.2 Fireworks may be manufactured only from such

materials that minimize the risk of damage to health, property or

the environment arising from the debris.



7.1.3. Method of initiation must be clearly visible or must be indicated

on the label or in the instructions.



7.1.4 Fireworks for their initiation, and the function must not move


an erratic and unpredictable ways.



7.1.5 fireworks of category F1, F2 and F3 must be protected

against inadvertent initiation either by a guard, the smallest

consumer packaging or design of the product. Fireworks

the F4 category must be protected against inadvertent initiation in a way that

specified by the manufacturer.



7.2 other pyrotechnic articles



7.2.1. Pyrotechnic Articles shall be designed so that during normal

use to minimise the risk of damage to health, property and the environment

environment.



7.2.2 method of initiation must be clearly visible or must be indicated

on the label or in the instructions.



7.2.3 pyrotechnic article must be designed so as to

minimize the risk of damage to health, property and the environment

arising from the debris in the event of accidental initiation.



7.2.4 pyrotechnic article must function properly until the manufacturer

date specified.



7.3 ignition devices



7.3.1 ignition devices must be used under normal,

foreseeable conditions able to reliably initiated and must have the

sufficient initiation capability.



7.3.2 ignition devices must be under normal, foreseeable conditions of

storage and use of protected against electrostatic discharge.



7.3.3 Electric igniters must be under normal, foreseeable conditions of

storage and use of protected from electromagnetic fields when you

storage and use under normal, foreseeable conditions.



7.3.4 the packaging of fuses must be of adequate mechanical strength and provide

corresponding to the protect the explosive filling when exposed to normal, predictable

mechanical stress.



7.3.5 for the pyrotechnic article burning time must be given its

Safety fuses into the function.



7.3.6 the pyrotechnic article must be given power

in particular, the characteristics of the current, resistance, spark-ignition pulse

Electric palníků.



7.3.7 the wires of electric palníků must be sufficiently

isolated and their mechanical strength including the solidity in the

palníku must match the intended use.



Annex 3



-----------------------------------------------------------------------------------------------------

Kind of pyrotechnic article product specifications

-----------------------------------------------------------------------------------------------------

Spherical bombs nominal diameter effect parts to

125 mm (5 inches) including, except ball bombs with

recurrent effect (spherical bombs multiple

------------------------------------------------------------

The cylindrical bombs nominal diameter 100 mm (4 in

inches including, except cylindrical bombs with recurrent

the effect (the cylindrical bombs multiple)

------------------------------------------------------------

Battery, and a combination of the total net weight of the

explosive substances "NEC" in one výrobkudo 4 000 g

including

------------------------------------------------------------

Roman candles on total net hmotnostivýbušných

Pyrotechnic articles of category F4 substances "NEC" in one product

-----------------------------------------------------------------------------------------------------

Pyrotechnic articles of category T2 on the net

weight of explosive substances "NEC" in one product

Pyrotechnic articles of category T2 to 250 g incl.

-----------------------------------------------------------------------------------------------------



1) directive of the European Parliament and of the Council/29/EU of 12. June

2013 on the harmonisation of the laws of the Member States relating to the

the supply of pyrotechnic articles on the market.



The implementing Commission directive 2014/58/EU of 16. April 2014, which is

According to the directive of the European Parliament and Council Directive 2007/23/EC establishes a system of

for traceability of pyrotechnic articles.



2) Act No 61/2000 Coll., on maritime navigation, as amended

regulations.



3) Government Regulation No. 86/2007 Coll. on technical requirements for toys,

in the wording of later regulations.



4) Act No. 61/1988 Coll. on mining activities, explosives and the State

Mining Administration, as amended.



5) Act No 119/2002 Coll., on firearms and ammunition (law on

weapons), as amended.



6) for example, European Parliament and Council Regulation (EU) no 1025/2012 of

on 25 April. October 2012 on European standardisation, changing of Council directives

89/686/EEC and 93/15/EEC and European Parliament and Council directives 94/9/EC,

94/25/EC, 95/16/EC, 97/23/EC, 98/34/EC, 2004/22/EC, 2007/23/EC,

2009/23/EC, and 2009/105/EC, repealing Council decision 87/95/EEC and

European Parliament and Council decision No 1673/2006/EC.



7) Article. 2, point 1 (b). c) European Parliament and Council Regulation (EU) No.

1025/2012.



8) European Parliament and Council Regulation (EC) no 765/2008/EC of 9 December 1999.

July 2008 setting out the requirements for accreditation and supervision of

market related to the marketing of products and repealing Regulation

(EEC) No 339/93.



9) § 174 of the Act No. 513/91 Coll., the civil code.



10) annex II to the regulation of the European Parliament and of the Council (EC) No. 1907/2006

of 18 May. December 2006 concerning the registration, evaluation, authorisation and

restriction of chemical substances and establishing a European Agency for chemical

the substance.



11) Law No 230/2005 Coll., on the control of trade in goods, possession of

in the Czech Republic restricts for security reasons, and amending

certain acts, as amended.



12) for example, the European Agreement concerning the international carriage of

of dangerous goods by road (ADR), the renowned under no. 64/1987 Coll., as amended.



13 for example, Act No.) 183/2006 Coll. on territorial planning and building

Code (the building Act), as amended, Decree No.

23/2008 Coll., on technical conditions of constructions, fire protection, as amended by

amended.



14) Law No 18/2004 Coll., on the recognition of professional qualifications and other

eligibility of nationals of the Member States of the European Union and the

some nationals of other States and on amendments to certain acts (the Act on

recognition of professional qualifications), as amended.



15) Act No. 266/1994 Coll., on criminal records, as amended

regulations.



16) directive of the European Parliament and of the Council/29/EU of 12. June

2013 on the harmonisation of the laws of the Member States relating to the

the supply of pyrotechnic articles on the market.



17) Article. 2 (2). 10 European Parliament and Council Regulation (EC) No.

765/2008.



18) Article. 2 (2). 11 of European Parliament and Council Regulation (EC) No.

765/2008.



19) Article. 30 paragraph 2. 2 of the directive of the European Parliament and of the Council/29/EU.



20) Article. 30 European Parliament and Council Regulation (EC) no 765/2008.



21) Article. 39 directive of the European Parliament and of the Council/29/EU.