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.
