The Law On The Management Of Safety Material

Original Language Title: zákon o nakládání s bezpečnostním materiálem

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Read the untranslated law here: https://portal.gov.cz/app/zakony/download?idBiblio=80311&nr=229~2F2013~20Sb.&ft=txt

229/Sb.



LAW



of 20 December. June 2013



on the management of some things usable to defence and security

purposes within the territory of the Czech Republic (law on the management of safety

material)



Change: 64/2014 Sb.



Change: 266/2014 Sb.



Parliament has passed the following Act of the United States:



§ 1



The subject of the edit



(1) this Act regulates the handling of goods usable for defence and

safety purposes (hereinafter referred to as the "material") and the performance of the State

Administration in this area if other legislation or international

the contract, which is part of the legal order, unless otherwise specified in the ^ 1).



(2) this Act does not apply to



and) exports and imports of military goods based on other legal

prescription ^ 2)



b) intended for defence and security purposes, which are acquired

the property of the State and kept in service with the armed forces of the United

States ^ 3) ^ 4) security forces or are stored in State

material reserves,



c) intended for defence and security purposes that are in the

State ownership and which are competent to manage or have

possession of the Czech Office for the testing of weapons and ammunition ^ 5) or legal

persons or organizational units of the State-based or established

The Ministry of Defense, Ministry of Interior, the Ministry of finance or

The Ministry of Justice, and only to the extent of their capital

business or the main subject of activity



d) intended for defence and security purposes, which are

The Ministry of Defense, Ministry of Interior, the Ministry of

of Justice, the Ministry of finance or security councils intended

to the item, or research and development purposes,



e) model aircraft and flying toys, for which, for the purposes of this

the law shall be considered drones without weapons systems, designed and

used solely for sporting or recreational purposes, which do not contain

a device capable of automatic flight control and navigation and that

do not allow the driven years outside the range of direct nezprostředkovaného

Visual contact of the human operator.



§ 2



Breakdown of safety material



(1) the safety material is broken down into



and material group 1) security, which covers military weapons, to

not covered by the law regulating firearms and ammunition ^ 6)



(b) Group 2) safety material, which includes components for

military weapons or military ammo including ammo for weapons,



(c) Group 3) safety material, which includes systems and subsystems

fire control and their components and accessories,



(d) Group 4) safety material, which includes military vehicles and

their components, if they have such properties, which increase resistance

of the vehicle,



(e) Group 5) safety material, which includes combat and special

vehicles without weapons systems and their components, which are covered by

The Treaty on conventional armed forces in Europe, under the famous No.

94/2003 Coll. m. s.,



(f) Group 6) the safety material, which includes military aircraft,

helicopters and drones without weapons systems, aircraft

engines or equipment of aircraft or helicopters,



g) safety material group 7, which includes electronic

equipment specially designed for the use of the security forces and

specially designed parts,



h) safety material groups of 8, which includes special equipment

for military training, simulation and evaluation of military situations,

specially designed components and accessories for these devices and

special computer hardware and software equipment for these devices,

the production and use of the products referred to in this specification,



and safety material group 9), which includes military equipment,

technology, materials, and specially designed components therefor, including

equipment and technology for production of products referred to in this paragraph,



j) safety material groups of 10, which includes the weapons systems

directed energy or kinetic energy, laser devices and

passive surveillance systems, and specially designed components therefor,

the associated test and evaluation facilities, operations, diagnostic

equipment and apparatus



to Group 11) safety material, which includes photographic and

elektrooptická display devices and equipment of UAVs

and their components.



(2) in case of doubt, whether the case is or is not a safety material

groups of 5 or 6 shall be decided by the Ministry of defence; in other cases, the

doubt whether the case is or is not a safety material, shall be decided by

The Ministry of industry and trade.



(3) the enumeration of the safety material referred to in paragraph 1, broken down by

each group shall lay down by Decree of the Ministry of industry and trade.



§ 3



Management of safety material



(1) for the management of safety material is deemed to be the acquisition of

the ownership, possession, purchase, sale, lending, development, production, repair,

treatment, storage, warehousing, transport, degradation or destruction

safety material. Handling also means mediation

These activities.



(2) dispose of the security material may only person you

registers pursuant to § 7 of the Regional Directorate of the police of the Czech Republic

competent pursuant to



and) of residence of a natural person, or of the registered office, in the case of

entrepreneurs,



b) residence, if it is a citizen of a Member State of the European Union or its

family member who is not on the territory of the Czech Republic enabled

permanent residence, or the location of the organizational units of the company, if it is a

the entrepreneur, or



(c)) of the legal entity that is the holder of the concession



(hereinafter referred to as "the relevant Department of police").



§ 4



Permit to operate a business



(1) the management of safety in business activities

natural or legal persons shall be subject to the permit (concession) according to the

the Trade Act and the register under section 7. In the application for a licence shall notify the

the applicant in addition to the formalities established by the trade law ^ 7) group

safety material, with which it intends to dispose of, and evidence of

eligibility for the management of safety material under § 5. Later in

the request shall state the address of the establishment and provide proof of the legal reason for taking

space, where an establishment is located.



(2) the Trade Licensing Office shall issue opinions on the basis of a binding contract

the competent Department of the police. In the opinion of the competent Police Department

indicating which groups of safety material, the applicant may

to dispose of and that the establishment of the applicant eligible to operate the

trades under this Act.



(3) the Trade Licensing Office shall inform the relevant department within 7 days of the police about

the outcome of the procedure for grant of concessions and other changes after its

release.



§ 5



Eligibility for the management of safety material



(1) as eligible for the purposes of this Act, a natural person shall be deemed to

21 years or older, which is fully enjoys impeccable and reliable.



(2) the integrity for the purposes of this Act, does not consider the one who was

convicted for an offense committed



and) intentionally, or



(b)) of negligence, if it was committed in connection with the treatment of

safety material, firearms, munitions or

explosives or military equipment, goods and technology

dual-use items, if he does not look as if he has been convicted of ^ 9).



(3) reliable for the purposes of this Act, does not consider the



and) whose prosecution for an intentional criminal act were

conditionally stopped and has not yet expired trial period, or the period, after

which has to be decided whether the works or



(b)) who for internal order and security represents a serious risk

an act for which he was in the last three years has been finally recognised

guilty of having committed more than one offence



1. in the field of weapons and ammunition,



2. in the field of the use of explosives,



3. in the field of protection against alcoholism and other addictions or

of the like offence against the security and the flow of traffic on the road

roads,



4. in the field of defence of the Czech Republic,



5. against public order,



6. against civil coexistence,



7. against the property, or



8. under paragraph 16,



(c)) who was in the last 3 years has been finally



1. declared bankrupt,



2. denied insolvency petition for lack of assets of the debtor, or



3. the cancelled due to bankruptcy, the debtor's property that is totally inadequate.



(4) a legal person under this Act shall be deemed as eligible,

If its statutory authority or members of its statutory authority,

members of the Supervisory Board or another supervisory body, proxy,

the responsibility of the representative, if appointed, and the head of its organizational folder

fulfil the conditions referred to in paragraphs 1 to 3.



(5) the integrity of the certifying statement of criminal records.

The Police Department will require an extract from the criminal record

under another law ^ 10). The competent Department of the police may

to request a copy of the judgment, the applicant also to assess whether this is the case

in accordance with paragraph 2. An application for a statement of convictions, and


an extract from the criminal register shall be communicated in electronic form, and

This way allowing remote access. If the registrant

in the last 10 years preceding the application continuously delayed more

than 6 months outside the territory of the Czech Republic, is also obliged to submit

document comparable to extract from the criminal register of the State in which the

He, with a translation into the Czech language, fashioned an interpreter

registered in the list of experts and interpreters or other document proving

the integrity of the person; If such a document is present, because it is this

the State does not issue, shall submit a declaration stating that the abroad

has not been convicted for any offence for which cannot be

considered to be an impeccable pursuant to paragraph 2, or has been finally convicted

of the offence, for which cannot be considered reliable according to

to paragraph 3.



(6) the reliability of proof by affidavit of the person; the reliability of the

in accordance with paragraph 3 (b). and to prove the statement) records

the sentencing guidelines.



(7) the competent Police Department is authorized to ask the local authority and the authority

the State Mining Administration, as regards the offence of use

explosives, on the information to assess the reliability of the natural persons referred to in

paragraph 3 (b). (b)). The local authority and the authority of the State Mining Administration application

meet without undue delay.



§ 6



Obligations of persons when dealing with safety material



The person handling the safety material under this Act is

required to



and) ensure that the security we take only the physical material

persons who are holders of a certificate of registration under section 7, or are

the holder of the certificate of registration in the work, Member or other similar

the ratio,



(b) place the safety material) which owns or holds, to an approved

the establishment or to a specified place pursuant to § 7 para. 2 and secure the

against theft or misuse,



(c)) in the case of loss or theft of safety material this

the fact without undue delay, notify the competent Department

the police,



(d)) to provide safety material to use or transfer the ownership of the

the right to the safety of the material only to a person who is

holder of a certificate of registration for the management of the Group

safety material or the authorisation pursuant to other legal

prescription ^ 2)



(e)) at the invitation of the competent Police Department, submit the confirmation of

registration, documents certifying the fact, according to the letter a) to (d)), and

safety material, including the relevant documents for review,



(f)) for safety material groups 5 and 6 present the confirmation of

registration for the management of the Group safety material

and safety material, including the relevant documents, to check whether or not

The Ministry of Defense or foreign inspection teams, accompanied by

employees of the Ministry of defence; for this purpose, it is required to allow entry

to the object or establishments and inspections



g) keep a register of safety material pursuant to § 9 (hereinafter referred to as

"evidence"), which has owned or held, and to make this

registration of the control authority; at the same time is obliged to secure data

contained in the register against unauthorised use by a third party,



h) in the case of the holder of the concession to operate its business only in

an establishment approved in accordance with paragraph 4,



even in the case of the demise of the permission) to the management of safety material in

the case of suspension or interruption of the operation of the relevant trades for a period

longer than 2 months or, in the case of cancellation of registration to pass within 30 days

from this fact the safety material that owned or held to the

the possession of the person entitled to dispose of the security or

transfer ownership to the safety of the material on the person authorized

to dispose of the security or ensure the destruction of the material in this

safety material and return the confirmation of registration to the competent

the Police Department,



j) notify the competent police department within 10 working days

the acquisition of the ownership, transfer of ownership or the destruction of the safety

material; the notification shall contain the identification data of the persons of the

the contractual relationship, the data acquisition of the ownership, transfer or destruction of

safety material and a list of the destroyed safety material in

scope according to § 9 para. 1 (b). (c)); in the notification of destruction shall be

the method of destruction; in the case of the destruction of the safety material

groups of 5 or 6 to 10 working days to announce details of the destruction

safety material whether or not the Ministry of defence,



k) in the case that it intends to destroy the safety material, notify in writing the

date, place, and a particular kind of group and the quantity of such

safety material and the method of destruction to the competent Police Department

no later than 10 working days in advance; in the case of the destruction of the safety

material groups of 5 or 6 in writing no later than 10 working days

the same data in advance whether or not the Ministry of defence,



l) to carry out the destruction of the safety material only through a person,

that is entitled,



m) in writing within 10 working days, change the storage location

safety material.



§ 7



Registration



(1) an application for registration shall in addition to the requirements laid down by the administrative

the regulations contain a group of safety material, with which it intends to

the applicant to dispose of, and the treatment of the relevant safety

material. If the applicant intends to dispose of the material in the safety

the framework of the business activity, the request shall be accompanied by a statement from also

trade register or a final decision on the award of the concession.



(2) the applicant shall state in the request the storage location and security method

safety material those groups for which the is requested.



(3) if the applicant meets the conditions of § 5, the relevant Department of police

the applicant registers and shall issue to him a certificate of registration ^ 11).



§ 8



(1) the competent Police Department will decide on the cancellation of registration, if the

It finds that the person



a) ceased to be concession-holder, died or was declared

of the dead,



(b) does not meet or no longer meets the) conditions of eligibility for the management of

the security provided for in § 5 of the material, or



(c)) one of the obligations referred to in paragraph 6.



(2) the competent Police Department also cancels the registration, if the

registered person so requests.



§ 9



Registration of safety material



(1) the contents of the register shall be



and natural persons) in the name, or names, surname, maiden name,

date and place of birth, address of the place of residence or domicile and

social security number, if it has been allocated, the identification number of the person, if it is a

entrepreneurial natural person



(b)) in the legal entity name or business name, its legal form,

registered address and identification number of the person, the name or names,

surname, maiden name, date and place of birth, permanent address

stay or residence, and social security number of a natural person, which is its

a statutory body or a member of its statutory authority,

head, a member of the Supervisory Board or another supervisory body, and

Representative, if appointed,



(c)) the identification of each piece of safety material in accordance with

each of the groups referred to in § 2, and if these data are

available, whether or not the name, serial number, chassis number, hull number,

the serial number of the barrel, serial number of the body or type of conclusion and carriers

engine number, or any other number or mark enabling the exact

identify the appropriate piece of the group,



d) designations of permanent storage safety material, address

another place to save, if this safety material for longer

than 7 days outside the place of storage, and the method of its security, in

the case of its destruction also the procedure used for the destruction and disposal of

the destroyed security material safety material group

5 or 6 minutes of also checking its destruction carried out by the Ministry of

Defense or foreign inspection teams, accompanied by staff

The Ministry of defence or other data and information that require

specific legislation or international agreements that are part of the

^ legal order 12),



e) identification of referred to in point (a)), or (b)), the persons from

which the security material obtained or to which it was passed or on the

It has been converted,



(f) other data loading) with safety equipment, for example,

deterioration or destruction.



(2) each piece of the applicable Group safety material must be

recorded separately. The differences between the recorded and actual

the status of safety material is the person who handles security

material under this Act, shall without delay inform the competent

the Police Department.



(3) registration of safety material must be kept for at least 5 years

from the end of the calendar year in which the safety material passed to the

another person, lost or destroyed. In the case of dissolution of a legal person shall transmit to the

the insolvency administrator or liquidator registration of competent service

the police.



§ 10



Security safety material




(1) the person handling the safety material to appropriately

secure against theft or misuse.



(2) the security referred to in paragraph 1 and its technical implementation shall

correspond to the nature, quantity and zabezpečovaným risks

safety material. To secure safety material

It is primarily to ensure that security was not an unauthorized material

the person abused to danger to life, health, property or the

environment.



§ 11



Information system



(1) the Czech Republic Police in the performance of duties under this Act leads

the public administration information system containing information on the



and applications for registration)



(b) registered persons)



(c) the safety of material)



d) lost, stolen or cancelled certificates of registration,



e) your lost or stolen safety material.



(2) the information system maintained pursuant to paragraph 1 contains data in the range

data to be given in the request, obtained on the basis of notifications or data

obtained in a proceeding under this Act.



(3) the Ministry of the Interior and the Ministry of defence is authorised to use

data from the information system, and, if technically possible, preferably

manner allowing remote access.



§ 12



The retention of data and documentation



(1) the data in the information system can be kept in paper form

or in electronic form to the technical data carriers or in combination

both forms and transmitted in the same way.



(2) the information referred to in paragraph 1, in the information system shall be kept for 20 years

from the date of termination of the validity of the documents to which they relate.



section 13 of the



The provision of data



(1) the police of the Czech Republic provides data from the information system

conducted under this Act, the security forces and the military

News for the performance of their duties arising from this Act and of the

other legislation.



(2) the police of the Czech Republic published on its website

the number of lost, stolen or cancelled certificate of registration, and

even in a manner allowing remote access.



§ 14



Performance of State administration



(1) State administration in matters dealing with safety material in accordance with

This Act is exercised by the Ministry of the Interior, the police of the Czech Republic,

The Ministry of defence and the Ministry of industry and trade.



(2) the Ministry of the Interior shall carry out in administrative proceedings against the Police

Presidium of the Czech Republic superior authority tasks.



(3) the Ministry of defence



and in their leads) information systems, evidence of the results of controls,

including the checks carried out by foreign inspection teams



(b) without undue delay) announces the Police Presidium of the Czech Republic

a violation of this Act, recorded during the performance of the inspection.



§ 15



Review



(1) Control ^ 13) compliance with the obligations under this Act

performs under the inspection order ^ 13)



and the relevant Department of police) or



(b) the Police Presidium of the Czech Republic) with the person



1. be treated with safety material in the context of business activities and

It has an establishment in the territory of exceeding the territorial scope of the appropriate service

the police, or



2. carry out foreign trade with military material ^ 2).



(2) the control body referred to in paragraph 1 shall, in the exercise of control

fulfilment of the obligations under this Act shall be entitled to



and obligations) to inspect listed in section 6,



(b)) require the submission of safety material, its registration and

the relevant evidence about his acquisition to check and control the physical and

registration status of safety material to the site store,



c) require the production of documents entitling holders to hold the safety

material,



(d)) to control the destruction of safety material,



(e)) at the time about a suspected violation of this or another act

safety material; of receipt issued by the competent inspection

authority of its owner or the holder of the certificate.



(3) the Ministry of defence is entitled to check the physical and accounting

the status of safety material groups of 5 or 6 on the spot to save it and

for this purpose is authorized to require the production of security

material, its evidence and relevant documents of the acquisition to

inspection and control of the destruction of the safety material. This permission

to the extent the liability arising from an international treaty ^ 14)

foreign inspection teams, accompanied by staff of the Department of Defense.



section 16 of the



Misdemeanors



(1) a natural person has committed the offence, contrary to section 3 (2). 2

disposes with security material without registration.



(2) a natural person as a person handle with safety material

under this Act commits an offence that fail to comply with any of the

obligations under section 6 (a). a) to (g)) and i) to m).



(3) a fine may be imposed for the offense



and the 100 000 CZK), if the offence referred to in paragraph 2,



(b)) to the 200 000 CZK in the case of the offence referred to in paragraph 1.



§ 17



Administrative offences of legal entities and natural persons-entrepreneurs



(1) a legal entity or individual entrepreneur is committed by the administrative

the fact that the offence contrary to section 3 (2). 2 disposes with security

material without registration.



(2) a legal entity or individual entrepreneur as a person loading

with safety material under this Act commits an administrative

tort by fails to fulfil any of the obligations under paragraph 6.



(3) for the administrative offence can save the forfeiture of safety material

or a fine



and the 200 000 CZK), in the case of an administrative offence referred to in paragraph 1,



(b)) to 500 000 CZK in the case of an administrative offence referred to in paragraph 2.



section 18



Forfeiture of safety material



(1) confiscation of safety material under § 17 can be saved, if

safety material belongs to the offender and was



and) for committing an administrative offense taken, or



(b) an administrative crime obtained or) has been acquired as a matter of administrative tort

obtained.



(2) confiscation of safety material cannot be saved if its

the value in the prominent disproportionate to the nature of the administrative offense. The owner of the

forfeited safety material becomes a State.



§ 19



Prevents safety material



(1) if it has not been saved the confiscation of safety material under section 17,

It may be decided that the safety material occupies, if



and belongs to the offender which) cannot be considered an administrative offence, or



(b)) do not belong to the offender of the administrative offense or it does not belong completely and

If required by the safety of persons or property or another general interest.



(2) decide to prevent safety material cannot, if the

its value in striking disproportionate to the nature of the administrative offense or

If the negotiations having characters of the administrative offense 2 years have elapsed.



(3) the owner of the seized safety material becomes a State.



section 20



Common provisions



(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 the fine on a legal person shall take account of the seriousness of the

the administrative offense, in particular, the way a criminal offence and its consequences, and

the circumstances under which it was committed.



(3) the liability of a legal person for an administrative offense shall cease, if the

the administrative authority has commenced proceedings about him within 2 years from the date on which it

learned, but not later than within 3 years from the date on which it was committed.



(4) administrative offences and offences under this law in the first instance

discusses the supervisory authority competent to execute the checks referred to in article 15, paragraph 2.

1.



(5) The liability for the acts, which took place in the business

person ^ 7) or in direct connection with him, subject to the provisions of

liability and sanctions legal persons.



(6) the authority which levied the fine is imposed. Income is income from fines

the budget from which is covered by the activities of the authority, which imposed the fine.



section 21



Transitional provisions



(1) persons who on the date of entry into force of this Act shall

safety material, shall within 6 months from the date of acquisition

the effectiveness of this Act apply to the competent Department of the police.



(2) any person who, on the date of entry into force of this Act shall be treated with

safety material groups of 5 or 6, is required to ensure that they

itself or a statutory body or Board members, members of the

the Supervisory Board or another supervisory body, prokuristé and responsible

Representative, if appointed, within 6 months from the date of acquisition

the effectiveness of this law on the issue of the proof of security

natural persons under the law governing the protection of classified information,

If they are not already in its holder.



(3) the proceedings initiated before the date of entry into force of this Act and to

that date shall be completed by the executor of the existing legislation.



section 22



Regulation (EEC)



Shall be repealed:



1. the first Part of Act No. 309/2006 Coll., on dealing with some things

usable to defense and security purposes in the territory of the Czech Republic

and amending certain other acts (law on the management of safety

material).



2. the portion of the net the fourth Act No. 296/2007 Coll., amending Act No.

182/2006 Coll., on bankruptcy and the ways of its solution (insolvency law), in

as amended, and certain laws in connection with its

the adoption.




3. Part Eleven of Act No. 274/2008 Coll., amending certain laws

in connection with the adoption of the Act on the police of the Czech Republic.



4. Act No. 156/2009 Coll., amending Act No. 309/2006 Coll.

dealing with some things usable for defence and security

purposes within the territory of the Czech Republic and amending some other acts

(law on the management of safety material), as amended

regulations.



5. Part of one hundred eighty-sixth Act No 227/2009 Coll., amending

Some laws in connection with the adoption of the law on basic registers.



6. Part of one hundred 77th Act No 281/2009 Coll., amending

Some laws in connection with the adoption of the tax code.



7. Section XLII of Act No 420/2007 Coll., amending certain

laws in connection with the adoption of the law on criminal responsibility

legal persons and proceedings against them.



Article 23 of the



The effectiveness of the



This Act shall take effect on 1 January 2000. January 2014.



Němcová in r.



Zeman in r.



Samantha r in r.



Selected provisions of the novel



Article. (II) Act No. 266/2014 Sb.



Transitional provisions



1. the proceedings initiated before the date of entry into force of this law shall be completed

According to the law on the management of the safety equipment, as amended by this

the law.



2. a certificate of registration issued pursuant to the Act on the management of

safety material before the date of entry into force of this Act shall be

considered as confirmation of registration under the Act on the management of

safety equipment, as amended by this Act.



for example, Act No 1) 119/2002 Coll., on firearms and ammunition

(law on weapons), as amended, Treaty on conventional

armed forces in Europe, the renowned under no 94/2003 Coll. m. with.



2) Act No 38/1994, on foreign trade with military material and

In addition to Act No. 455/1991 Coll., on trades

(Trade Act), as subsequently amended, and Act No.

140/1961 Coll., the criminal code, as amended by later regulations, as amended by

amended.



3) Act No. 219/1999 Coll., on the armed forces of the United States, in the

as amended.



4) Act No. 361/2003 Coll., on the service relationship of members of security staff

choirs, as amended.



5) Act No 156/2000, on the validation of firearms, ammunition and

pyrotechnical items and on the amendment of Act No 288/1995 Coll., on fire

weapons and ammunition (the Firearms Act), as amended by Act No.

13/1998 Coll. and Act No 368/1992 Coll., on administrative fees, as amended by

amended, as amended.



6) Act No 119/2002 Coll., as amended.



7) Act No. 455/1991 Coll., on trades (trade licensing

Act), as amended.



8) Act No. 412/2005 Coll., on the protection of classified information and on the

security, as amended.



9) for example, § 105 and 106 of the Act No. 40/2009 Coll., the criminal code.



10) Act No. 266/1994 Coll., on criminal records, as amended

regulations. Act No. 412/2005 Coll., on the protection of classified information and on the

security, as amended.



11) § 151 of Act No. 500/2004 Coll., the administrative code.



12) for example, law No. 19/1997 Coll., on certain measures

related to the prohibition of chemical weapons, and amending and supplementing Act

No. 50/1976 Coll., on zoning and the building code (the building Act),

as amended, Act No. 455/1991 Coll., on trades

business (Trade Act), as amended by later regulations, and act

No. 140/1961 Coll., the criminal code, as amended by later regulations, as amended by

amended, law No 308/1999 Coll., on the prohibition of the use,

Stockpiling, production and transfer of anti-personnel mines and on their destruction and the

Amendment of the Act No. 140/1961 Coll., the criminal act, as amended

the regulations, as amended.



13) Act No. 255/2009 Coll., on the control (control code).



14) the Treaty on conventional armed forces in Europe, under the famous No.

94/2003 Coll. m. with.