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.