On Some Measures Related To The Apart Of Chemical Weapons

Original Language Title: On Some Measures Related To The Prohibition Of Chemical Weapons

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Read the untranslated law here: https://portal.gov.cz/app/zakony/download?idBiblio=44907&nr=19~2F1997~20Sb.&ft=txt

19/1997 Coll.



LAW



of 24 June. January 1997



on certain measures connected with the prohibition of chemical weapons and on the

changing and supplementing Act No. 50/1976 Coll., on the territorial planning and building

Code (the building Act), as amended, Act No 455/1991

Coll., on trades (Trade Act), as amended by

amended, and Act No. 140/1961 Coll., the criminal code, as amended by

amended



Change: 249/2000 Sb.



Change: 356/2003 Coll., 186/2004 Sb.



Change: 186/2006 Sb.



Change: 124/2008 Coll., 138/2008 Sb.



Change: 223/2009 Sb.



Change: 41/2009 Sb.



Change: 227/2009 Sb.



Change: 281/2009 Sb.



Change: 64/2014 Sb.



Parliament has passed the following Act of the Czech Republic:



PART THE FIRST



BASIC PROVISIONS



§ 1



The subject of the edit



(1) this Act regulates the rights and obligations of natural or legal

persons related to the prohibition of chemical weapons and toxic waste

chemical substances and their precursors, zneužitelnými to violations

the prohibition of chemical weapons.



(2) the performance of State administration and control in this area carried out State Office

for nuclear safety (hereinafter "the Office"), which at the same time carries out

the scope of Authority for the control of the prohibition of chemical weapons.



§ 2



Definition of terms



For the purposes of this Act, means the



and) chemical weapons:



1. toxic chemicals and their precursors, which can be given

for their toxic properties and the quantity used as resource management

combat action, with the exception of those which are intended for the purpose

nezakázané this Act,



2. ammunition and devices intended to kill or cause injury to the health of

human or animal or plant, or damage to the ecosystems, ^ 1) section 3 of the

Act No. 17/1992 Coll., on the environment. If these effects

occur as a result of toxic properties toxic chemicals,

that are released from the ammunition or equipment,



3. any equipment specifically designed for the use of ammunition and resources

referred to in point 2;



(b)) the toxic chemical: any chemical that may

chemical action on life processes cause death, temporary

zneschopnění or permanent injury to people or animals, or

the destruction of the plants;



(c) any chemically reacting) precursor substance, which is involved in

any stage of the production of toxic chemicals;



(d)) laid down the substance toxic chemical substance and its precursors in the breakdown

pursuant to section 7;



(e)) a certain organic chemical: any chemical substance made up of

compounds of carbon, outside its oxides, sulphides and metal carbonates;



f) chemical substances used to ensure the internal order and the

the safety of any chemical substances that are able to quickly invoke

in humans, the short-term irritation of sensory organs or the quick and

short-term physical zneschopnění;



(g)) the production of substances set out creating a chemical reaction;



h) processing of substances provided for the physical process by which are not

Re-linked in another substance;



I) consumption set by the substances to their conversion into a chemical reaction in a different

substance;



j) handling of substances laid down their development, production, consumption,

possession, other acquisition, processing or converting; the treatment of

laid down by law, not by the substance of the freedom to provide services;



the space where the operation) are a device used to manufacture,

processing or consumption prescribed substances, as well as space for their

storage and space, in which experiencing them or space to

production of certain organic chemicals;



l) chemical weapons destruction of their disposal;



m) handling of chemical weapons, the transfer of ownership, as well as

other dispositions with chemical weapons, resulting in a change of the holder,

the place or manner of use;



n) transfer the output provided for substances from the territory of the Czech Republic or the input

specified substances on the territory of the Czech Republic.



PART THE SECOND



PROHIBITION OF CHEMICAL WEAPONS



§ 3



(1) the development, production, possession, use and disposal of chemical weapons,

prohibit.



(2) the transfer of chemical weapons to the Czech Republic or their transit through the

prohibit.



§ 4



Find chemical weapons



(1) Finding or reasonable suspicion to find chemical weapons, each

shall be obliged to immediately notify the police of the Czech Republic, which the

information shall immediately communicate the most well-liked Relief Corps of the Czech Republic

and the Office.



(2) natural or legal person who is the owner or holder of

chemical weapons, it is obliged to deal with it in the manner and within the time limit,

be determined by the authority. If this person is not known, shall ensure the destruction of chemical weapons

The Office.



(3) the costs associated with the activities referred to in paragraph 2 shall be borne by the person who

violated the prohibition under section 3. If this is not known or cannot be against it

reimbursement of costs to apply and enforce and does not pay voluntarily to other

the person bearing the costs of the State.



§ 5



Equipment for the production of chemical weapons



(1) the development, production, conversion, fitting, as well as other acquisition and possession of

equipment for the production of chemical weapons, or the design, construction and

the use of plants for the production of chemical weapons is prohibited.



(2) To find equipment for the production of chemical weapons shall be used mutatis mutandis

the provisions of section 4.



PART THE THIRD



SPECIFIED SUBSTANCES



TITLE I OF THE



MANAGEMENT OF SUBSTANCES AND THEIR BREAKDOWN LAID DOWN



§ 6



(1) to dispose of substances can only be laid down under the conditions laid down

This Act and only



and for industrial, agricultural), research, medical, pharmaceutical

and other peaceful purposes,



(b)) to the protective purposes directly related to protection against chemical

Weapons (hereinafter referred to as "protective purposes").



(2) the natural or legal person, which shall be laid down by the substances

for protective purposes, is required to report on the activities of the Office of the information

carried out for these purposes in the past calendar year to 31.

January of the following year. Contents of the report sets out the Authority implementing the legal

the code.



section 7 of the



(1) set out the substance for the purposes of this Act from the standpoint of danger

its toxic properties, or the possibilities for abuse in violation of the prohibitions

intended this law to be broken down to



and highly dangerous substances),



b) dangerous substances,



c) less dangerous substances.



(2) the lists of the substances set out in paragraph 1, broken down by the Office

by Decree.



Section 7a



(1) before the first transfer or otherwise acquiring specified substances are

the manufacturer or importer required to determine whether the substance is provided for 1 or

more of the hazardous properties, and on the basis that it classified under

This law and under special legislation. ^ 1a)



(2) the substances are subject to the obligation to register in accordance with the Special

legislation. ^ 1a)



(3) in the event that the specified substances are not subject to the obligation to register

According to paragraph 2, a person who manufactures or imports, is required to meet the

the obligation of notification under special legislation. ^ 1a)



(4) the first paid or unpaid transfer provided for substances, as well as

in return for payment or other forwarding provided substance to the next person is

possible only if they are packaged, marked and equipped with safety

sheet under special legislation. ^ 1a)



TITLE II



HIGHLY DANGEROUS SUBSTANCES



§ 8



(1) to dispose of highly hazardous substances can only be on the basis of a licence

granted by the Office and only for research, medical, pharmaceutical or

protective purposes.



(2) the aggregate quantity of highly hazardous substances located on the territory of the

The Czech Republic shall not exceed, in accordance with the Convention on the prohibition of the development,

the production, Stockpiling and use of chemical weapons and on their destruction

(hereinafter referred to as "the Convention") ^ 2) for one year to one tonne.



§ 9



The conditions for the grant of a licence



(1) a licence may be granted only to a legal person.



(2) condition for the granting of the licence is a legal person



and) instead of the establishment on the territory of a Member State of the European Union

or another Contracting State to the agreement on the European economic area,



(b) the provisions of the responsible representative).



(3) the Office shall grant a license, if the aggregate quantity of highly dangerous substances

on the territory of the Czech Republic does not exceed the amount referred to in section 8 (2). 2 and if

production of highly hazardous substances takes place in premises provided for

the implementing legislation.



(4) the authority shall not grant a license,



and if the applicant has been) in the past ten years before the date of submission of the

applications for licences are withdrawn, or



(b)) if it is contrary to the security interests of the Czech Republic;

the opinion that the granting of the licence in accordance with these interests, shall communicate to the

The Office of the Ministry of the Interior, the security information service, Military

the news and the Office for foreign relations and information; These authorities are

required to the application for issue of a licence to express, in writing, within 30 days from

the date on which they were delivered a copy of the application to the Office, otherwise, it is considered that the

with the granting of the licence agreement.



§ 10



Responsible representative of the



(1) the responsible agent for the purposes of this Act, means the natural

the person who is responsible for the proper performance of the activities to which the grants

license, provided for a legal person.



(2) condition for the provision of the responsible representative is
and) the nationality of a Member State of the European Union, of another Contracting

the State of the agreement on the European economic area, and the Swiss Confederation

or another State, in terms of the person authorized to the recognition of professional

qualifications under special legislation ^ 2a),



(b)), the fact that permanently resides in the territory of the Czech Republic,



(c) the eligibility of legal capacity),



d) integrity,



e) competence for the management of hazardous chemical substances

and chemical preparations classified as very toxic in accordance with

special legal regulation ^ 2b),



f) 3 years of experience in the fields of chemistry.



(3) the function of a responsible representative may be exercised only for one

a legal person.



(4) the responsible representative of the legal person cannot be a member of the Supervisory Board,

where applicable, another supervisory body of the legal person.



(5) if in the course of the performance of the activities to which grants the licence,

a representative of the responsible exercise of their function, must be a legal person, to which the

grants a licence, shall immediately request the amendment of the licence.



§ 11



Integrity



(1) For integrity, for the purposes of this Act shall not be the one who was

been sentenced



and for an offence) which is related to the merits of the activities

the licence is to be granted,



(b)) for another criminal offence committed intentionally, if due to the nature of the

the activities for which a licence is to be awarded, and the person responsible

the representative's concern that the same or a similar offence in the

the performance of the responsible representative of the operation, if it does not look like

would not be convicted.



(2) in order to demonstrate the integrity Office's requests under the Special

the law ^ 2a) an extract from the criminal register. The request for

the release of the statement from the criminal register and the excerpt from the register Index

penalties shall be communicated in electronic form, in a way that allows

remote access.



§ 12



Application for grant of license



(1) a written request for the granting of the license contains



and) the name or business name, place of establishment of the legal person, who asks the

about the grant of the licence, the identification number of the person, if any,



(b)), the name and surname, date of birth and address of the responsible representative, on the

that are permanently resident,



(c) an indication of the expected loading) with highly dangerous substances

which is the license required



d) specification of plants and equipment for the production, if a request for

the granting of the licence the production or marketing of the device into operation,



(e)) name of the highly dangerous substances referred to in the list, its quantity, data on

purpose of use and its final destination.



(2) the application referred to in paragraph 1 shall be accompanied



and a copy of the contract) or the establishment or establishment of the legal person and

in the case of persons registered in the commercial register extract from the commercial register,



(b)) in the case of foreign national document similar to the statement of

criminal record of the foreign State in which he has resided continuously for longer

than 3 months, which must not be older than 6 months, or a solemn declaration with

officially certified signature in the case of that State such a document

does not issue.



(c) proof of professional competence) of the responsible representative, where appropriate,

the decision on the recognition of professional qualifications, according to a special legal

code ^ 2a),



(d) proof of the purpose of the dealing) with the highly dangerous substances,



(e)) the data from the record held by the highly dangerous substances, where

the applicant is obliged to keep such records in accordance with section 25a,



(f)) to authenticate the drawing documentation of the data referred to in paragraph 1 (b). (d)),



g) proof of the financial statements audited by an auditor who is not older than

six months from the submission of the application,



(h) a copy of the decision of the authority) the protection of public health, on the inclusion of

the workplace into the category in terms of risk to health by

special legal regulation ^ 2 c).



(3) an applicant for a grant of a license shall submit a written application for the grant of

the licence Authority, if the application for grant of license



and production of highly hazardous substances) or placing on their

in the operation, not later than seven months prior to the scheduled

the production,



(b)) other activities, at the latest four months before the beginning of the

the calendar year in which it is to be a highly dangerous substance

usage.



(4) in the event that the activities referred to in paragraph 1 shall be made

the Treaty, it is necessary to apply for a licence not later than seven months prior to the

conclusion of the contract.



section 13



Grant of license



(1) the Office shall grant a license to a legal person (hereinafter referred to as the "licensee"),

the conditions are fulfilled for the grant under section 9.



(2) where the Office finds, before taking a decision that the application is not complete,

will provide anyone who asks a reasonable deadline to correct the deficiencies.



(3) the decision to grant the license contains



and) the name or business name and the place of establishment of a legal person, to which the

licence is granted, and the identification number of the person provided by the administrator

the basic registry of persons ^ 2d)



(b)), the name and surname, date of birth and address of the responsible representative, on the

that are permanently resident,



(c) the object and scope of the license),



(d) the purpose of the use of highly dangerous) substance and its permissible quantities,



(e) other conditions of licence) resulting from international commitments.



(4) a Licence is not required for rescue operations, aiming to prevent or

the limitations of the immediate effects of the risks resulting from extraordinary events

or the winding-up operations, aiming at the Elimination of consequences caused by

an extraordinary event ^ 2e); the person performing salvage or scrap

the work shall immediately report their implementation of the police of the Czech Republic and

The Office.



§ 14



Termination of licence



(1) a Licence shall expire



and the date of dissolution of a legal person), which is the holder of the licence,



(b) the decision of the Board of the withdrawal) license.



(2) the authority shall withdraw the licence, if it finds that the



and the licensee no longer meets the) conditions of the licence pursuant to this

the law,



(b)) licence was granted on the basis of false data, or



(c) the authorisation of the holder) is contrary to the security interests

The Czech Republic; opinion on whether the permission of the licence holder's performance in

contrary to these interests, the Office shall notify the Ministry of the Interior, security

information service, military intelligence or the Office for foreign

contacts and information.



(3) in the case of withdrawal of the licence shall not be entitled to compensation for the damage

such detention was established.



§ 15



Change of licence



(1) the authority may decide to change the license



and) on the basis of a reasoned request of the licence holder,



(b)) If you have to change the facts on the basis of which the licence was

granted.



(2) in the case where there is a change in the facts referred to in section 13 (3). 3,

is the holder of the licence shall apply in writing to the Office of her change,

immediately after its discovery, but not later than



and seven months) before the changes the subject of the license, if a

change the license production of the highly dangerous substances or the placing on the

their production into operation,



(b)) in the four months before the beginning of the calendar year, if a change

other facts referred to in section 13 (3). 3.



(3) in the application for amendment of a licence must be a reference to the number of the original

the decision on the grant of the licence and the reasons for the changes, which must be

properly documented.



section 16 of the



The location of the control apparatus



Holders of a licence for the handling of highly dangerous substances and

devices for their production are required to allow the



and the International Organization for the inspectors) prohibition of chemical weapons

(hereinafter referred to as "international inspectors") the location of the control apparatus

allowing for permanent and continuous monitoring of highly hazardous substances in

plants and equipment for their manufacture,



(b)) the supervisory authorities at any time instant access to those devices.



§ 17



The transfer of highly dangerous substances



(1) the transfer of highly dangerous substances is possible only between the Member States

The Convention and only under the conditions laid down in this Convention.



(2) data on the expected transfer of highly dangerous substances is the holder of the

the licence shall be obliged to report to the Office no later than 40 days before his

the implementation of the.



section 18



Reporting of highly dangerous substances



The licence holder is obliged to report to the Office information on the management of high

hazardous substances, for the previous calendar year to 31. January

the following year, and data on the projected waste for the following

calendar year to 31 December each year. in August of the current year. The data that is

the licensee shall be obliged to report, lays down the detailed legal prescription.



§ 19



The loss, theft or discovery of highly dangerous substances



(1) the Loss or theft of highly dangerous substances is each obliged to

immediately report to the nearest Department of the Police of the Czech Republic and the Office.

At the same time is obliged to inform all data, which is necessary for the

in case of leakage of highly hazardous substances into the environment, or

contact with living organisms.



(2) Find the highly dangerous substances is required to promptly each

report to the nearest Department of the Police of the Czech Republic, which the

the information shall immediately communicate the most well-liked Relief Corps of the Czech Republic

and the Office.



TITLE III



DANGEROUS SUBSTANCES



section 20



Reporting of hazardous substances
(1) a natural or legal person who disposes of hazardous substances

and exceeds the specified quantities of dangerous substances or their fixed

concentration is required to report to the Office information on the production, processing,

consumption and transfer of hazardous substances for the previous calendar year to 31.

January of the following year and the details of the anticipated production, processing and

consumption of dangerous substances for the following calendar year, annually

until 31 December 2006. in August of the current year.



(2) the obligation to declare applies to the installation of new equipment

the production, processing or consumption of dangerous substances.



(3) Implementing legislation lays down the quantities of dangerous substances,

the concentration of dangerous substances in a mixture with other substances and the contents of the

reporting in accordance with paragraphs 1 and 2.



(4) in the event that there is a change of the anticipated data for the following

the calendar year is a natural or legal person referred to in paragraph 1

required to comply with the notification obligation within 14 days prior to its implementation.



section 21



cancelled



§ 21a



Transport



Transport the highly dangerous, hazardous and less hazardous substances can be

only in containers and in the manner laid down by specific legal

^ 2f).



section 22



The transfer of hazardous substances



(1) a natural or legal person may transfer the dangerous substances from the

the Member States or to the Member States of the Convention.



(2) hazardous substances can be transferred from States or States which are not

the Member States of the Convention, only under the condition that dangerous substances

do not exceed the prescribed concentration in mixtures with other substances and meet the

the method of packaging products. The implementing legislation provides for

the concentration of dangerous substances in a mixture with other substances and packaging

products containing hazardous substances.



TITLE IV



LESS DANGEROUS SUBSTANCES



section 23



Reporting of less dangerous substances



(1) a natural or legal person who is treated with less dangerous

substances and exceeds the amount of less dangerous substances or

their determined concentration is required to report the data on production Office

and the transfer of less dangerous substances for the previous calendar year to 31.

January of the following year and the details of the projected production of less

dangerous substances for the following calendar year to 31 December each year.

in August of the current year.



(2) the obligation to declare applies to the installation of new equipment

the production of less hazardous substances.



(3) Implementing legislation lays down the quantities of less hazardous substances,

the concentration of less dangerous substances in a mixture with other substances and the contents of the

reporting in accordance with paragraphs 1 and 2.



(4) in the event that there is a change of the anticipated data for the following

the calendar year is a natural or legal person referred to in paragraph 1

required to comply with the notification obligation within 14 days prior to its implementation.



section 24



cancelled



§ 25



The transfer of less dangerous substances from the territory of the Czech Republic



(1) when the transfer of less dangerous substances to States which are not members of the

The Convention is the natural or legal person shall be obliged to ensure that the Declaration

the recipient, who has to take these substances, that is not transferred to the next

the State and will be used only for the purposes set out in section 6.



(2) the Less dangerous substances, which do not exceed the prescribed concentration in

mixtures with other substances or meet the established way of packaging products,

can be transferred to the States that are not members of the Convention, without any obligation

ensure the recipient of the statement referred to in paragraph 1. The implementing legislation

sets out the concentration of less dangerous substances in a mixture with other substances and

packaging of products containing less hazardous substances.



THE HEAD OF THE



THE EVIDENCE PROVIDED FOR SUBSTANCES



§ 25a



(1) the holder of a licence, a natural or legal person who treated with

hazardous substances, and any natural or legal person who treated with

less hazardous substances, are required to



and keep a record set) of the substances in a written or electronic

the form,



(b)) available on request for inspection by the authority records,



(c)) when the management of substances to registration laid down without

undue delay to pass the Office.



(2) the content, method and form of keeping lays down detailed legal

prescription.



TITLE VI OF THE



CERTAIN ORGANIC CHEMICALS



section 26



(1) a natural or legal person who produces in total in a calendar

year, more than 200 tonnes of certain organic chemicals, which

they are not laid down by the substances, or more than 30 tonnes of certain organic

the chemical, which is not provided for, but contains phosphorus, sulfur

or fluorine, is obliged to report this fact to the Office until 31 December 2006. January

the following year.



(2) the obligation to declare applies to the individual businesses, in which

These are certain organic chemical substances produced, and their exact

the location of the.



(3) the provisions of paragraphs 1 and 2 shall not apply to the production of explosives and

hydrocarbons.



(4) Implementing legislation lays down the contents of the report referred to in paragraphs 1 and

2.



TITLE VII



THE CHEMICAL SUBSTANCES USED TO ENSURE THE INTERNAL ORDER AND SECURITY



section 27 of the



If the police of the Czech Republic, the military, the police or the prison service

The Czech Republic used in its chemical activities to ensure

public order and safety, are required to report the name of the used

chemical substances. These particulars and amendments in them shall be reported to the Office in 10 days

from the date when the formation or change data.



PART THE FOURTH



SUPERVISION OF COMPLIANCE WITH THE LAW



section 28



(1) Surveillance shall be subject to all natural or legal persons that

handle set out substances that produces a specific organic

chemical substances, or for which there is reason to suspect that with such

substances.



(2) Controlling are inspectors, appointed by the President of the Office.



section 29



(1) the performance of supervision, together with inspectors may participate in international

inspectors shall, in accordance with the inspection mandate, Organization for the prohibition of

chemical weapons. ^ 2) on the basis of the inspection mandate shall have

international inspectors the right of access to the requested place of supervision with

to determine the facts relating to the Convention.



(2) the Controlled persons are obliged to make available to the international

the inspectors all the documents relating to the control, as well as their

allow the operation and sampling, where appropriate, take

Photo documentation.



(3) the Controlled person is entitled to retain portions of all samples taken

samples or remove the duplicate samples.



(4) the authority shall notify the person checked the term surveillance performance international

inspectors immediately after it receives the information from the Organization for the

prohibition of chemical weapons.



section 30



cancelled



section 31



cancelled



Administrative offences



§ 32



Misdemeanors



(1) a natural person has committed the offence by



and notifies the Police of the Czech Republic) award or reasonable suspicion on

find chemical weapons or equipment for the production of chemical weapons, or

find highly dangerous substances,



(b) the owner or holder) as a chemical weapons joined with this weapon

in the manner and within the time limit, the designated Office, or



(c) violate the ban) development, production, conversion, fitting or other acquisition and

possession of equipment for the production of chemical weapons, or the design,

the construction and the use of plants for the production of such weapons.



(2) for the offence referred to in paragraph 1 (b). and you can impose a fine to) 50 000

And for the offence referred to in paragraph 1 (b). (b)), and (c) a fine of up to 1 0000 0000)

CZK.



section 33



Administrative delicts of legal entities and natural persons-entrepreneurs



(1) Legal or natural person established by the administrative

tort by



and notifies the Police of the Czech Republic) award or reasonable suspicion on

find chemical weapons or equipment for the production of chemical weapons, or

find highly dangerous substances,



(b) the owner or holder) as a chemical weapons joined with this weapon

in the manner and within the time limit determined by the authority,



(c) violate the ban) development, production, conversion, fitting or other acquisition and

possession of equipment for the production of chemical weapons, or the design,

the construction and the use of plants for the production of such weapons,



(d)) shall be treated with highly hazardous substances without a licence granted by the authority,



(e)) as a person who disposes of hazardous substances, the notification fails to comply with

the obligation under section 20,



(f)) as a person who is treated with less hazardous substances, fail

the obligation under section 23, or



(g)) as the person who produces in total in a calendar year, more than 200

tonnes of certain organic chemicals, which are not laid down

substances, or more than 30 tonnes of certain organic chemicals, which

It is not fixed, but it contains phosphorus, sulfur or fluorine, fail

the obligation referred to in section 26.



(2) the licence holder has committed misconduct by



and does not allow the location of the control equipment) under section 16 (a). and)



(b)) fails to comply with the obligation under section 18, or



(c) requested a change of licence) under section 15, paragraph. 2.



(3) the holder of a license, the legal person or natural person-entrepreneur

that disposes of hazardous substances, or a legal person, or

entrepreneurial natural person who treated with less hazardous substances,

is guilty of misconduct, contrary to section 25a paragraph. 1 (a). and)
does not register the substances with which it is treated, in contravention of section 25a, paragraph. 1 (a). (b))

do not submit the Registration Authority for inspection, or in contravention of section 25a, paragraph. 1

(a). (c) does not pass the registration provided for Office) of the substances after the end of

loading.



(4) in the administrative offence is imposed



to 30 0000 0000 Czk), with respect to the administrative offence referred to in paragraph 1 (b). (d)),



(b)) to 1 0000 0000 CZK in the case of an administrative offence referred to in paragraph 1 (b). (b)) and

(c)),



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



(d)) to 100 000 CZK in the case of an administrative offence referred to in paragraph 1 (b). (e))

(g)) and paragraph 3,



e) to 50 000 CZK in the case of an administrative offence referred to in paragraph 1 (b). and).



§ 34



Common provisions in administrative deliktům



(1) a legal person under the administrative tort does not match, if he proves that

made every effort, that it was possible to require that the infringement of the

a legal obligation.



(2) in determining the amount of the fine, the legal person shall take into account the seriousness of the

the administrative tort, in particular to the way a criminal offence, the circumstances in

which it was committed and its consequences.



(3) liability of legal persons for the administrative offence shall cease, if the

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

learned, but not later than within ten years from the day when it was committed.



(4) administrative offences under this law are heard at first instance

The Office.



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

person ^ ^ ^ 6) or in direct connection with it, shall be subject to the provisions of this

the law on liability of legal persons and sanctions.



(6) the Fines collected by the authority. Income from fines is the income of the State budget.



PART THE FIFTH



COMMON PROVISIONS AND TRANSITIONAL



section 35



(1) an application for the grant of a license, as well as the fulfilment of the obligation to

According to this law, are natural or legal persons that operate

the activities referred to in this law, shall be obliged to forward to the Office no later than

one month from the date of entry into force of this Act.



(2) subject to compliance with the obligation to maintain the right to continue to make

the activities referred to in this Act.



(3) natural or legal persons, that have the obligation to apply for a grant

licence or to fulfil the reporting obligation under this law, are

required to submit an initial report within 20 days after the entry into force of the Convention

for the Czech Republic.



(4) by adjusting the transfer of highly hazardous substances, hazardous substances and

less dangerous substances referred to in this law shall not prejudice adjustment

carried out by a special legislation ^ 7).



(5) the Office shall issue a decree for the implementation of section 6 (1). 2, § 7 (2). 2, § 9 (2).

3, section 18, section 20 (2). 3, section 22, paragraph. 2, section 23, paragraph. 3, § 25 paragraph. 2, § 25a

paragraph. 2 and § 26 paragraph. 4.



(6) the authority and the Ministry of industry and trade shall provide data on

with the granting of licences and permits for specified substances. Each other

shall immediately inform about facts relevant to the granting of licences,

authorisation and monitoring of compliance with the Convention and the Act.



PART SIX



cancelled



section 36



cancelled



PART SEVEN



ADDITIONS TO LAW NO. 455/1991 Coll., on TRADES

(TRADE ACT), AS AMENDED



§ 37



Act No. 455/1991 Coll., on trades (Trade Act),

as amended by law no 231/1992 Coll., Act of the Czech National Council No. 591/1992

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., the Act No. 136/1994

Coll., Act No. 200/1994 Coll., Act No. 237/1995 Coll., Act No. 286/1995

Coll., Act No. 94/1996 Coll., Act No. 95/1996 Coll. and Act No. 147/1996

Coll., shall be added as follows:



In section 3, paragraph 3. 3 (b). in the dot at the end) of the sentence is replaced by a comma and

attached to the letter x), including notes no ^ 23e) is added:



"x) handling of highly dangerous substances. ^ 23e)



23e) Act No. 19/1997 Coll., on certain measures connected with the

the prohibition of chemical weapons and on the amendment and supplement of Act No. 50/1976 Coll., on the

land use planning and the building code (the building Act), as amended by

amended, law No 455/1991 Coll., on trades

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

140/1961 Coll., the criminal code, as amended. ".



PART EIGHT



cancelled



section 38



cancelled



PART NINE



THE EFFECTIVENESS OF THE LAW



section 39



This Act shall take effect on the date of publication.



Zeman in r.



Havel in r.



Klaus r.



Selected provisions of the novel



Article II of Act No. 249/2000 Sb.



Transitional provisions



1. the existing legal regulations, issued in implementation of Act No. 19/1997 Coll.,

on certain measures connected with the prohibition of chemical weapons and on the

changing and supplementing Act No. 50/1976 Coll., on the territorial planning and building

Code (the building Act), as amended, Act No 455/1991

Coll., on trades (Trade Act), as amended by

amended, and Act No. 140/1961 Coll., the criminal code, as amended by

amended, and license and other decisions issued on the basis

of this law, shall be construed as legal, regulations, licences and other

the decision issued pursuant to Act No. 19/1997 Coll., on certain measures

related to the prohibition of chemical weapons and on the amendment and supplement of the law

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

in the wording of later regulations, and 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

of this law.



2. the proceedings initiated before the date of entry into force of this law will complete the

The State Office for nuclear safety.



Article. XXI of law No 223/2009 Sb.



The transitional provisions of the



The proceedings initiated before the date of entry into force of this law, and to this

the unfinished March completes and the rights and obligations related to

be assessed in accordance with the existing legislation.



1) section 3 of Act No. 17/1992 Coll., on the environment.



1A) Act No. 356/2003 SB., on chemical substances and chemical

products and amending some other acts.



2) Convention on the prohibition of the development, production, Stockpiling and use of chemical

weapons and on their destruction, known for under no 94/1997.



2A) Law No. 269/1994 Coll., on criminal records, as amended

regulations.



2A) 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

change some of the laws (law on the recognition of professional qualifications), as amended by

amended.



2B) section 44b of Act No. 258/2000 Coll., on the protection of public health and

some related laws, as amended.



2 c) Act No. 258/2000 Coll., on the protection of public health and

some related laws, as amended.



2D) Law No 111/2009 Coll., on basic registers.



2E) Law No. 239/2000 Coll., on the integrated rescue system and amending

certain acts, as amended.



2F) communication from the Ministry of Foreign Affairs No. 6/2002 Coll., m.

s., supplementing communication No. 159/1997 Coll., no 186/1998 Coll., no.

54/1999 Coll. and no. 93/2000 Sb. m. s. for publication and adoption of amendments and supplements

"Annex A-general provisions and provisions concerning dangerous

substances and articles "and" Annex B – provisions concerning means of transport and

the "European Agreement concerning the international carriage of

of dangerous goods (ADR).



4) Law No. 71/1967 Coll., on administrative proceedings (administrative code).



the CZECH NATIONAL COUNCIL Act No. 5) 337/1992 Coll., on administration of taxes and fees, in the text of the

amended.



6) § 2 (2). 2 of the commercial code.



7) Act No. 38/1994 Coll., on foreign trade with military material and

the addition of Act No. 455/1991 Coll., on trades

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

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

amended.



Law No. 594/2004 Coll., which implements the scheme of the European communities

for the control of exports of dual-use goods and technologies.