About Antarctica And On Amendments To Certain Laws

Original Language Title: o Antarktidě a o změně některých zákonů

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Read the untranslated law here: https://portal.gov.cz/app/zakony/download?idBiblio=55828&nr=276~2F2003~20Sb.&ft=txt

276/2003 Coll.



LAW



of 6 May 1999. August 2003



about Antarctica and on amendments to certain laws



Change: 124/2008 Sb.



Change: 41/2009 Sb.



Change: 227/2009 Sb.



Change: 281/2009 Sb.



Parliament has passed the following Act of the United States:



PART THE FIRST



INTRODUCTORY PROVISIONS



§ 1



The purpose and object of the Act



(1) the purpose of this Act is to ensure compliance with international obligations

The United Kingdom relating to the Antarctic, in particular to ensure the all-round

environmental protection of Antarctica as a natural reserve

devoted to peace and science in accordance with the Treaty on Antarctica ^ 1) (hereinafter referred to as

The "Treaty") and the Protocol on environmental protection to the Treaty ^ 2)

(hereinafter referred to as "the Protocol").



(2) this Act regulates the



and the rights and obligations of State) of the citizens of the United States, ^ 3) legal

people with offices located on the territory of the Czech Republic and stateless persons,

that have a permanent residence in the territory of the Czech Republic, if involved

activities in Antarctica,



(b) the rights and obligations of foreigners), ^ 4) who do not belong to the category of persons

referred to in article VIII. the Treaty, if involved in

Antarctica, which is organized in the Czech Republic or the place of

the final departure is in the Czech Republic,



c) related exercise of State administration.



§ 2



Definition of basic terms



For the purposes of this Act, means the



and the Antarctic area to the South) from 60. the parallel of South latitude, including the

floating glaciers,



(b)) the environment of Antarctica everything creates natural conditions

the existence of organisms, including humans, in Antarctica and is a prerequisite for

their further development. Its ingredients are, in particular, the air, the water in the

all physical States, rocks, soil, organisms, energy and ecosystems ^ 5)

including the dependent and associated ecosystems,



(c) protected the Antarctic Territory) in particular, the area of Antarctica, which was

marked as such in accordance with the Protocol,



(d) the historical place or monument) a place or object that were

registered in accordance with the Protocol,



e) harmful liquid substance harmful liquid substance as defined in the

Annex II to the Convention on the prevention of pollution from ships, ^ 6)



f) oil oil raw material occurring in nature,



g) fresh water system flowing and stagnant fresh water.



PART TWO



THE PRINCIPLES OF PROTECTION AND EXPLOITATION OF ANTARCTICA



§ 3



The basic principles of the protection of Antarctica



(1) a person referred to in section 1 (1). 2 (a). a) and b) (hereinafter referred to as "the Czech people")

are required to behave in accordance with the Treaty, the Protocol, and with other

international obligations relating to the Antarctic, which is

Republic.



(2) persons wishing to participate in the activities in the Antarctic, the

is to plan and implement so as to be at the lowest possible rate limited

adverse effects on the environment of Antarctica.



(3) it is prohibited to harm the environment of Antarctica over peace

established by the Protocol, and this Act.



(4) it shall be prohibited to endanger, damage, or destroy historic sites or

monuments in Antarctica.



§ 4



Antarctica can be used only for peaceful purposes. ^ 7)



§ 5



Activities relating to mineral resources in Antarctica



(1) prohibited to prospecting, exploration and mining of mineral resources in the

With the exception of the Antarctic scientific research of mineral resources ^ 8)

carried out on the basis of an authorisation pursuant to this Act. ^ 9)



(2) it is further prohibited the collection of minerals and fossils of the findings and their

exports with the exception of their collection and exports carried out in the framework of scientific

Research of mineral resources permitted by this Act.



PART THREE



THE CONDITIONS FOR THE IMPLEMENTATION OF ACTIVITIES IN THE ANTARCTIC



The announcement of



§ 6



(1) persons may carry out activities in Antarctica after their

the previous notification, unless otherwise provided by this Act, it is necessary to permit (§

8).



(2) the Notification referred to in paragraph 1 is not required for the navigation maritime

vessels and pleasure yachts ^ 10) for the purpose of crossing the Antarctic and for

the aircraft flew over Antarctica.



§ 7



(1) the activities in Antarctica shall be reported to the Ministry of the environment

(hereinafter referred to as "the Ministry") no later than 60 days before the date of the planned

entry to the Antarctic.



(2) the activities in Antarctica--heralded Czech person will perform.

Activities in Antarctica might report and several of the Czech people, if

activities in Antarctica will be carried out jointly (hereinafter "the joint

report "); in this case, choose a common representative for

delivery.



(3) the report shall bear the



a) for natural persons name, surname, date of birth, nationality

and the place of permanent residence or a place for foreign natural persons

residence,



b) for legal persons name and legal form, address, identification number

person, if allocated, and identifying information (a)) in

natural persons who carry out activities in Antarctica will be on behalf of the

legal persons,



c) in the case of a joint application in addition to the requirements referred to in letters a and b))

also a list of people that will undertake activities in Antarctica together,



(d) a description of the activities) will be carried out by the Czech people in Antarctica,



e) mark the places where the activities will be carried out in the Antarctic, and places

for the service of documents,



(f) the period of the intended stay) the definition and implementation of activities in the

Antarctica.



(4) the Declaration must be accompanied by an

and the Joint Declaration), in case a written power of attorney or Attorney

declared in the log about the mandate to represent, ^ 11) b) permission

or the enabling activities under special legislation. ^ 12)



(5) if the Court finds that the Ministry's announcement does not meet the conditions laid down

This Act or that the ohlašovaná activity requires authorization under section 8

paragraph. 1, without undue delay, notify the notifier accordingly. In

warning indicating the shortcomings in the report found.



(6) if the Department finds that the report complies with the conditions laid down

This Act shall issue about it within 15 days from notification of the confirmation to the reporter.

In confirmation of the announcement (the "confirmation") the Ministry in accordance with the

announcement shall state the



and) identification of natural persons referred to in paragraph 3 (b). and) or

legal persons referred to in paragraph 3 (b). (b)), which will carry out the activity

in Antarctica,



(b)) description of activities that will be carried out in Antarctica,



(c)) the designation of places where the activities will be carried out in Antarctica,



(d) the period of the intended stay) and the implementation of activities in the Antarctic.



(7) the certificate issued by the Ministry in the Czech language and at the same time ensures

its official translation into the language of the English or in the language

French. ^ 13)



(8) persons are required to have with you during your stay in Antarctica, a copy of the

the relevant certificates issued by the Ministry and their official translations.



(9) Furthermore, Czech persons are obliged to submit to the Ministry within 30 days from the

their activities in Antarctica, a final report on during your stay in the

Antarctica.



§ 8



Enable



(1) the Czech people must have



and) to stay in Antarctica for more than 30 days, or in a group of more than

five people,



(b)) to carry out scientific research in the Antarctic,



(c)) to subscribe to the minerals or fossils in Antarctica and their

exports within the framework of scientific research of mineral resources of Antarctica



(d)) for the construction, reconstruction or removal of the Czech station and other

objects and installations in Antarctica,



e) admission to specially protected Antarctic Territory,



f) to interfere with the Habitat of the indigenous populations or geographically

flora and fauna in Antarctica,



g) to subscribe to specially protected Antarctic species of plants and animals,



(h)) to import geographically alien species of plants, animals and

micro-organisms to Antarctica



I) to import pesticides, polychlorinated biphenyls (PCBs), polystyrene

balls or chips, non-sterile soil and other substances or products

dangerous to the environment of Antarctica and laid down in the implementing

legislation to Antarctica.



(2) the authorization referred to in this law shall have the further South, the person who

organizes tourist trips to Antarctica.



(3) the authorisation referred to in paragraph 1 (b). a) and in paragraph 2 to be issued

the Ministry, after consultation with the Ministry of Foreign Affairs. Enable

the activities referred to in paragraph 1 (b). (b)) to (i)) is issued by the Ministry of. In

the procedure for the issue of permits, the Ministry is based on the fundamental principles of the

environmental protection of Antarctica laid down in article 3

Protocol.



(4) the authorisation referred to in paragraphs 1 and 2 shall not be required for the activities referred to in

paragraphs 1 and 2, which have already been United allowed one of the other person

Contracting Party to the agreement or Protocol.



(5) the Ministry shall not issue the authorisation, if



and the person has not fulfilled conditions) Czech established by this Act, or



(b) the planned Czech person) activities would be contrary to the fundamental

the principles of environmental protection of Antarctica laid down in article 3

The Protocol, or



(c)) the Czech person applying for the issue of permits, seriously

infringed the obligations or prohibitions established by this Act, or

decisions made on the basis of the period of the last 10 years before the

the date of submission of the application.



(6) the Ministry shall decide on the request within a period of 60 days.



§ 9



Application for authorisation



(1) an application for a permit under section 8 (2). 1 (hereinafter referred to as "the application")


Czech person will undertake activities in Antarctica. The application may

submit a few of Czech people, which will be carried out jointly by the activity in

(Hereinafter referred to as the "common application"); in this case, choose

a common agent for service.



(2) the request shall contain the



a) for natural persons name, surname, date of birth, nationality

and the place of permanent residence or a place for foreign natural persons

residence,



(b) for legal persons) and legal form, name, registered office, registration number

person, if allocated, and identifying information (a)) in

natural persons who carry out activities in Antarctica will be on behalf of the

legal persons,



c) in the case of a joint application in addition to the requirements referred to in letters a and b))

also a list of people that will undertake activities in Antarctica together,



(d) a description of the activities) will be carried out by the Czech people in Antarctica,



e) mark the places where the activities will be carried out in the Antarctic, and places

for the service of documents,



(f) designation of Antarctic specially protected) territory in the event of a request for

authorization under section 8 (2). 1 (b). (e)),



(g) the period of the intended stay) the definition and implementation of activities in the

Antarctica.



(3) the request shall be accompanied by



and) listing from commercial or other register, when the applicant is

legal person that writes to a business or another register,



(b)), pursuant to section 14 of the written conclusion paragraph. 5, the opinion to the starting

evaluation of the effects under section 15 or the opinion of diverse assessment

effects pursuant to section 16,



c) proof of payment of an administrative fee,



(d)) the proof of conclusion of the insurance contract or proof of creation

sufficient financial reserves to guarantee the reimbursement of the costs of any

rescue operations in the Antarctic or the damage to the

the Antarctic environment,



e) in the case of a joint application by a written power of attorney or Attorney

declared in the log about the mandate to represent, ^ 11)



(f)) or by enabling the activities according to the specific legal

legislation. ^ 12)



§ 10



The particulars of the authorisation



(1) the Ministry shall indicate in the permit the



and) identification of natural persons according to § 9 para. 2 (a). and) or

legal person in accordance with § 9 para. 2 (a). (b)), which will carry out the activity

in Antarctica,



(b) the conditions for the implementation of activities),



(c) the period of validity of the permit).



(2) a permit issued on the basis of the initial assessment

environmental effects (section 15) or comprehensive assessment of the environmental effects (section 16), Ministry of

lays down the obligation to monitor and verify the effects of planned activities on the

the environment of Antarctica and the obligation to submit within 30 days from the date of

their activities in Antarctica, the final report on the progress of the monitoring and

verification of these influences.



(3) a permit issued by the Ministry in the Czech language and at the same time ensures

its official translation into the language of the English or in the language

French. ^ 13)



(4) persons are required to have with you during your stay in Antarctica, a copy of the

the relevant authorizations issued by the Ministry and the official translation.



§ 11



(1) the Ministry may, at the request of the Czech people, the final

permission to modify or cancel. The initiative of the Ministry

the final authorisation to change or withdraw only under the conditions laid down

the administrative regulations. Authorisation period can be extended by not more than one

year.



(2) the Ministry on its own initiative may prohibit the declared activities

carried out in the Antarctic, which results or is likely to lead to effects on

the environment of Antarctica, which are incompatible with the principles of

laid down in article 3 of the Protocol. The persons to whom it was announced

decision on the prohibition of the activities these activities are obliged to immediately

leave a.



(3) any person who has been notified of the decision on the revocation of the authorisation to

stay in Antarctica, are obliged to leave the territory of Antarctica, immediately

as soon as practicable. The Czech people was announced

the decision on the cancellation of authorizations pursuant to section 8 (2). 1 and § 8 para.

2, such activities are required to leave immediately.



(4) the authorisation shall expire



and death or declaration) for dead individuals, released

the authorization,



(b) dissolution of a legal person) the date on which authorisation was granted,



(c)) date of expiry of the period for which it was granted.



§ 12



(1) the Ministry shall inform the Ministry of Foreign Affairs about the entitlements allocated

According to § 6 paragraph 1. 1 and authorisations pursuant to § 8 para. 1 it adopted or

issued, within 30 days of their adoption or release.



(2) Notification according to § 6 paragraph 1. 1 and an authorisation pursuant to § 8 paragraph. 1 do not replace

authorisation or permission to the activities required by a specific legislative

legislation. ^ 12)



PART FOUR



ASSESSMENT OF THE EFFECTS ON THE ENVIRONMENT OF ANTARCTICA



section 13 of the



The subject of the environmental assessment



The subject of environmental impact assessment in Antarctica are

all planned activities in Antarctica, including changes in these

activities for which the permit is required under section 8 (2). 1.



§ 14



Notification and investigation



(1) the Czech person (hereinafter referred to as "the notifier") is required to submit

the Ministry notice of intended activities in Antarctica. Notification

It always contains the identification of the Czech people to participate in

activities in Antarctica, and a description of the proposed activity, including its purpose,

the location, duration, and intensity. The Czech people who will carry out the

activities in Antarctica together may submit a joint notification; in this

If you can choose a common representative for service.



(2) the notification shall be submitted in writing and on a technical medium, or

electronic mail ("email"). Detailed legal

the regulation may lay down additional requirements of the notification.



(3) the Ministry shall be based on the investigation, notification when

which provides for the possible influence of preliminary activities or changes in activity on the

the environment of Antarctica (hereinafter referred to as "discovery procedure").



(4) the Ministry within five working days from the date of receipt of the notification

shall publish the notice in a manner allowing remote access. The concerned

administrative offices may submit their written observations to the Ministry

notification within 15 days from the date of publication of the notice. In this period of time to be able to

notification of each comment.



(5) the Ministry shall issue the notifier within 30 days from the date of receipt of the notification

a written conclusion of the fact-finding procedure, and at the same time publish a written conclusion

the discovery of the proceedings in a manner allowing remote access.



(6) if the conclusion of the fact-finding procedure implies that the activity or change

activities will have less than a minor or transitory impact on the

environment of Antarctica, that conclusion at the same time professional basis for the

the issue of permits under section 8.



§ 15



The initial evaluation of the effects of



(1) where, on the conclusion of the fact-finding procedure implies that the activity or change

the activity will have a minor or transitory impact on the environment

Antarctica, the Ministry at the end of the fact-finding procedure also provides for the

the scope and content of the documentation for the initial evaluation of the effects on the

the Antarctic environment (hereinafter referred to as the "initial evaluation of the effects of") with a view

the nature of the activity or activities and changes the State of the environment

Antarctica, which may be performing activities or changes of activity

affected. Documentation for the initial evaluation of the effects always contains

a description of the proposed activity, including its purpose, location, duration and

the intensity and the assessment of alternatives to the proposed activity and all the effects that

can the activity be, including the assessment of cumulative effects with respect to

ongoing and known planned activities.



(2) the notifier shall ensure that processing of documentation for the initial

evaluation of the effects that you must submit to the Ministry in written and

electronic form. Documentation for the initial evaluation of the effects of

processes the person who is the holder of the authorization, according to a special legal

prescription. ^ 14) Documentation for the initial evaluation of the effects of the Ministry of

publish the manner allowing remote access and at the same time it shall within 10

working days from the date on which it was delivered, the administrative authorities concerned,

and the relevant international organizations and asks them to submit their observations within 30 days

from the delivery of the documentation for the initial evaluation of the effects. In that period,

can anyone comment on the documentation.



(3) If the Ministry considers that the documentation for the initial

EIA does not contain the prescribed particulars, return it within 10 days

from the receipt of the notifier to supplement or to rework along with

specifying the required formalities or additional requests from it's

details.



(4) the notifier shall provide to the Department of documents at their own expense,

that were used for the processing of documentation for initial evaluation

the effects, and within five working days from the date of their request.



(5) the Ministry shall issue an opinion on the initial evaluation of the effects within 30

days from the date of expiry of the period for expression of the concerned government departments and

the competent international organisations referred to in paragraph 2. The Ministry of

can ensure the processing of the documents for the opinion on the initial

evaluation of the effects of a person who is the holder of the authorization referred to in

special legislation. ^ 14)




(6) the Ministry shall forward the opinion to the initial evaluation of the effects of the

five working days from the date of issue of the notifier and the

administrative authorities and at the same time it shall publish in a way allowing remote

access.



(7) opinion on the initial EIA is a basis

for the issue of a permit under section 8. The opinion shall be presented by the notifier as

one of the bases for a follow-up procedure for issuing a permit under section 8.

The validity of opinions is one year from the date of its issue. The validity of the

opinion at the request of the notifier may be extended by one year, and

even repeatedly, if there were no substantial changes in the implementation of activities and the

conditions in Antarctica, to obtain new knowledge related to the material

the content of the documentation for the initial evaluation of the effects or to develop

new approaches, processes and technologies related to the activities.



(8) the implementing legislation may lay down additional requirements

documentation and formalities of the opinion for the initial evaluation of the effects.



section 16 of the



Versatile evaluation of environmental effects



(1) where, on the conclusion of the fact-finding procedure implies that the activity or change

activities will have more than a minor or transitory impact on the

environment of Antarctica, the Ministry at the end of the fact-finding procedure at the same time

the scope and content of the documents to the environmental impact assessment

the environment of Antarctica (hereinafter referred to as "versatile assessment of environmental impact") with the

given the nature of the activity, or changes to the activities and status of the

environment of Antarctica, which may be performing activities or changes to

the activities affected.



(2) the notifier shall ensure that processing of documentation for an all-in-one

assessment of the effects that you must submit to the Ministry in written and

electronic form. An all-in-one documentation evaluation of environmental effects

contains details of at least the extent pursuant to § 15 para. 1 the last sentence.



(3) the Ministry within five working days from the date of receipt of documentation

the general assessment of the effects of this documentation shall be published in the manner

allowing remote access and send it within 10 days of its delivery to the

the administrative authorities concerned and other parties to the Protocol,

requests for observations within 90 days from the date of its delivery. Within this period, the

can anyone comment on the documentation.



(4) the Ministry shall send the documentation to the Committee on environmental protection

the Antarctic environment (hereinafter referred to as "the Committee"), at least 120 days prior to the

the start of the consultative meeting of the parties to the contract (hereinafter referred to as

"Consultative Assembly").



(5) If the Ministry considers that the dossier to

evaluation of environmental impact does not set out the elements, it returns

the notifier to supplement or processing together with specification

the required formalities or shall request additional information from him.



(6) following the observations of the Consultative Assembly, the Ministry of

ensure that the processing of an opinion on the effects of the activity, or changes of activity on the

the environment of Antarctica (hereinafter referred to as "testimonial") by a person who is

holder of authorization by a special legal regulation ^ 14) (hereinafter referred to as

"the opinion"), and delivers to him and all the documentation received by the

the observations. The one who was involved in the processing of documentation, cannot even

participate in the part of the report.



(7) the report Processor processes the opinion on the basis of the documentation,

where appropriate, the notice and all representations to them. The time for processing the report

must not be longer than 60 days from the date on which the dossier was all-around

evaluation of the effects of including all the observations received to the processor report

delivered.



(8) the notifier shall provide at his own expense to processors report

documents that have been used for the processing of documentation for an all-in-one

evaluation of the effects, and within five working days of the date on which it received the

the request from the processor.



(9) the Ministry shall forward the opinion within five working days from the date of its

receipt of the notifier and the administrative authorities and at the same time it shall publish

manner allowing remote access.



(10) the Ministry shall issue an opinion on the General appreciation of the effects within 30

days from the date of receipt of the opinion. Opinion on the General appreciation of the

the environmental impact is a basis for issue of the permit referred to in section 8. The opinion of the

the notifier shall be presented as one of the bases for the follow-up proceeding on

the issue of permits under section 8. The validity of opinions is one year from the date of

its release. The validity of the opinion may be at the request of the notifier

extended by one year, even repeatedly, if there were no significant

changes in the implementation of activities and conditions in Antarctica, to new knowledge

related to the material content of the documentation for the initial evaluation and

the development of new approaches, processes and technologies related to the activities.



(11) if the documentation has not been discussed in the Advisory Assembly, may

the Ministry issued an opinion on the General appreciation of the effects only after

the expiration of 15 months from the date of sending the dossiers referred to in paragraph 4.



(12) detailed implementing legislation may lay down additional requirements

documentation and requirements for an report and the opinions of the diverse

evaluation of the effects.



§ 17



For the costs associated with the environmental impact assessment

Antarctica shall apply mutatis mutandis special legislation. ^ 15)



PART FIVE



THE PROTECTION OF THE FAUNA AND FLORA OF ANTARCTICA



section 18



Protection of local flora and fauna



(1) prohibits any interference with the populations and habitats

geographically the indigenous plants and animals, with the exception of hits and subscriptions

carried out on the basis of the authorization.



(2) the prohibition in paragraph 1 shall not apply to catching fish for their own use,

in which, however, must not be jeopardized the survival of individual fish species.



(3) all taking of local mammals and birds is done in a way that

minimizes the viable level of pain and suffering in accordance with special

legislation. ^ 16)



(4) the authorisation pursuant to § 8 para. 1 (b). (f)) may be issued only



and to measure samples) for scientific purposes,



(b)) to measure the samples for the museums, herbária, Zoological and Botanical

gardens or other educational or cultural institutions,



(c)) to remove the inevitable consequences of scientific activities,



(d)) to prepare for the construction and operation of scientific equipment.



(5) a permit under section 8 (2). 1 (b). f) and (g)) contains the conditions governing

will ensure that



and not removed more local) mammals, birds or plants than

absolutely necessary,



(b)), will be killed only a small number of local mammals or birds and in no

the case will not be killed more local mammals or birds from local

populations can, in conjunction with other voluntary subscriptions usually

replace the natural reproduction in the following season, and



c) preserves the diversity of species, as well as habitats that are

essential to their existence, and the balance of ecosystems in Antarctica and

dependent and associated ecosystems.



(6) in particular, the protected Antarctic species, which are all kinds of

seals of the species Arctocephalus and Ross seal (Ommatophoca Rossii)

provides extra protection. Authorization for collection of specially protected

Antarctic species, pursuant to section 8 (2). 1 (b). (g)) the Ministry will not issue,

If the subscription is not needed for a scientific purpose, would restore those

species or the local population or if it would be for the collection of used deadly

techniques, although such a procedure was not necessary.



§ 19



The importation of non-native species of animals, plants and micro-organisms to

Antarctica



Prohibits the importation of geographically alien species of plants, animals and

micro-organisms in the Antarctic, with the exception of imports on the basis of the authorization.

This prohibition shall not apply to imports of the foodstuffs ^ 17) to Antarctica. To

Antarctica may not be imported no live poultry or other living birds.

Imported dressed poultry as food must be provided with

a certificate that is not affected by the disease, tuberculosis and Newcastlovou

infections caused by yeast.



PART SIX



WASTE MANAGEMENT



section 20



Obligations for waste management



(1) the Czech people are in particular obliged to



and) prevent the formation of and the disposal of waste in the Antarctic,



(b)) to clean up the former or existing places intended for storage or

disposal of waste on land and abandoned places of work in Antarctica,

If they are the originators of such waste or users of such sites,



(c)) to be stored waste in order to prevent their dispersal into the

the environment of Antarctica



(d)) of Antarctica, all wastes that are subject to a ban on their

storage or disposal in the Antarctic



e) burn combustible wastes, which may not be removed from the Antarctic

referred to in subparagraph (d)), in the respective devices which minimise

emissions,



(f) take all of Antarctica) the unused poultry imported as

food item, or delete it by burning or other equivalent

resources, which eliminate the hazards for the local fauna and flora.



(2) waste which have been removed from the Antarctic under paragraph 1 (b). (d))

and (f)), are transported into the United States or another State, in which the

There are preventive measures for their disposal in accordance with the

the relevant international conventions. On the management of waste, which are

imported into the United States, under the specific legislation. ^ 18)



(3) it is prohibited to



and import to the Antarctic wastes),




(b)) to dispose of waste in areas free of ice and in freshwater systems;

in freshwater systems is prohibited and their storage,



(c)) remove or store radioactive waste ^ 19) in Antarctica,

If an international agreement, which is the Czech Republic is bound, unless otherwise provided in

otherwise,



d) remove or store in Antarctica, electric batteries, rigid and

liquid fuels, waste containing harmful degree of heavy metals or

acutely toxic or harmful to a durable mixture of polyvinyl chloride derivatives

(PVC), polyurethane foam, polystyrene, rubber and lubricating oils, treated

lumber, products containing ingredients that can produce when you

the burning of harmful emissions, plastic waste in addition to polyethylene packaging

low density, barrels of fuel, other solid non-combustible wastes,

the remains of corpses of the imported animals, laboratory cultures of micro-organisms and

pathogens of plants, imported products from birds.



(4) the prohibition of storage or disposal referred to in paragraph 3, the remains of the

the corpses of the imported animals, laboratory cultures of micro-organisms and pathogens

diseases of plants and imported products from birds does not apply, provided that the

they will be burned, autoklávovány or otherwise sterilovány. For barrels

on fuel and other solid non-combustible waste storage or ban

delete does not apply if their removal would result in greater

the negative effects on the environment of Antarctica than to leave them on the

place.



section 21



Imports of certain substances into the Antarctic



Prohibits the importation of pesticides, polychlorinated biphenyls (PCBs),

polystyrene balls or chips, non-sterile soil and hazardous

substances or preparations ^ 20) to Antarctica, with the exception of imports on the basis of

permits for scientific, medical or health needs under this

the law (§ 8 paragraph 1 (b) (i)).



PART SEVEN



PROTECTION AGAINST POLLUTION OF THE SEA IN THE AREA OF ANTARCTICA



section 22



Discharge of harmful substances into the sea



(1) in the area of Antarctica is prohibited discharged into the sea



and petroleum, petroleum mixture), polluted ballast water, contaminated material,

water from the rinse tray and other oily residues and mixtures,



(b)) chemical substances and preparations ^ 21) or other harmful liquid substances.



(2) in an area of Antarctica is further prohibits the discharge into the sewage sludge

the sea at a distance of 12 nautical miles from the nearest land or ice

Cap. This distance can be discharged sewage sludge in relation to the

the amount of sea-going vessels, which have a cruising speed of at least

four knots. This prohibition applies to seagoing vessels that have

certification for the transport of more than ten people.



Article 23 of the



Waste disposal in the sea



In the area of Antarctica is prohibited to store the waste into the sea. To the sea is

You can throw away the remains of food at a distance of more than 12 nautical

miles from the nearest land or ice cap if the disposer or have passed

and they are so finely crushed or ground, that can pass through a sieve

with openings not exceeding 25 mm large.



PART EIGHT



PERFORMANCE OF STATE ADMINISTRATION



section 24



The Ministry of



The Ministry of



and) receives notification under this Act (section 6) and decides on the issue of

authorisation in accordance with this Act (section 8) and their change or cancellation (§

11),



(b)) keeps records of received notification and decisions,



c) informs about taken decisions and issued will

Ministry of Foreign Affairs (article 12, paragraph 1),



(d)) performs control activities and for this purpose shall appoint an observer after

consultation with the Ministry of Foreign Affairs (section 26),



e) sanctions,



(f) environmental impact assessment) ensures that the environment of Antarctica according to the

This law,



g) coordinating the activities of the Czech people in Antarctica and secures the preparation

The concept of the Czech research activities in Antarctica, in cooperation with the

the competent institutions of the Academy of Sciences of the Czech Republic and Czech universities

schools and in agreement with the Ministry of education, youth and sports, and with

Ministry of Foreign Affairs,



(h)), the implementing regulation lays down the model of the special card

the observer (article 26, paragraph 4).



§ 25



Ministry of Foreign Affairs



Ministry of Foreign Affairs



and the supporting documents required for) provides the decisions of the Ministry and provides it

other necessary cooperation,



(b)) in accordance with the Treaty and the Protocol provides the information to the other

the Contracting Parties, the Committee and other relevant international

organizations.



§ 25a



(1) the Ministry of the Interior or the police of the Czech Republic provides

The Ministry of the environment for the purposes of the scope of performance

This Act



and from the base) a reference population register,



(b)) the data from the agendového information system of population register,



(c)) the data from the agendového information system for foreigners.



(2) Information Provided pursuant to paragraph 1. and) are



and) the name or name, last name,



(b)) of the date, place and County of birth; for the data subject, who was born in

abroad, the date, place and the State where he was born,



(c)) date and place of death; in the case of the death of the data subject outside the United

Republic, date of death, place and the State on whose territory the death occurred;

If it is issued the Court's decision on the Declaration of death, the date that is in the

decisions listed as the day of death or the date on which the data subject

declared dead have survived, and the date of acquisition of legal power of this

the decision,



(d) the address of the place of stay)



e) nationality, or more of State citizenship.



(3) Information Provided pursuant to paragraph 1. (b)) are



and the name or names), surname, maiden name,



(b)) of the date, place and County of birth; for the data subject, who was born in

abroad, the date, place and the State where he was born,



(c) the social security number),



(d) the address of the place of residence),



e) nationality, or more of State citizenship.



(4) Information Provided pursuant to paragraph 1. (c)) are



and the name or names), surname, maiden name,



(b)) of the date, place and County of birth; the body which was born in

abroad, the date, place and the State where he was born,



c) country of citizenship or more of State citizenship,



(d)) the type and address of the place of stay



(e)) the beginning of the stay, where appropriate, the date of their stay.



(5) the data which are kept as reference data in the principal registry

the population recovered from the agendového information system registration

of the population or agendového information system for foreigners only if they are

in the shape of the previous status quo.



(6) of the provided data that can be used in a particular case only

such data, which are necessary for the performance of the task.



PART NINE



CHECKING AND SANCTIONS



section 26



(1) the Ministry checks the compliance with this Act, both on the territory of the

The United States and, secondly, in the Antarctic through the observer.

The observer is in the employment relationship to the Czech Republic represented by the

the Ministry.



(2) a condition of the appointment of the observer referred to in paragraph 1, the State

Czech citizenship, integrity, reaching the age of 21 years and

competence to perform legal acts.



(3) an observer, for the purposes of this Act, be deemed to be an impeccable,

If it has not been convicted for an offense committed by negligence,

the facts of which relates to the activities of the observer, or for

offence committed intentionally. The integrity of an observer shows listing

from criminal records, which at the time of the establishment of an observer to a may not

be older than three months.



(4) an observer has the right to enter at any time into all areas of

Antarctica and maintain control. When carrying out checks,

the observer shows a special ID card issued by the Ministry.



(5) a person shall be obliged to tolerate the inspections and controls carried out by the

observers in the Antarctic, to provide observers to the necessary

synergies and promptly perform corrective measures identified

the deficiencies leading to the protection of the environment and averting damage.



(6) on the territory of the Czech Republic is governed by the Ministry of audit procedure

the activities of the special legislation, ^ 22) unless otherwise provided by this law

otherwise.



section 27 of the



(1) a natural person who



and) enters the Antarctica and is staying here without the appropriate notification (section 6)

or permit (section 8) or does not comply with the conditions laid down in the authorization,



(b) shall be given in the announcement) (section 6) or permit (section 8) deliberately false or

distorted data,



(c)) enters the especially protected Antarctic territory without permission, or

does not comply with the conditions laid down in the authorization,



(d)) to the Antarctic geographically non-indigenous plants, animals and

micro-organisms without permission or fails to comply with the conditions laid down in

the authorization,



e) won't the places intended for storage or disposal of waste in

(Section 20),



(f) does not carry away wastes from the Antarctic) in contravention of this Act (section 20),



g) burn combustible wastes in contravention of this Act (section 20),



(h)) does not allow the inspections and controls carried out by observers, does not provide them

synergy or does not make the corrective measures identified by the observer

deficiencies,



I) carried out in Antarctica, another activity without a permit or

does not comply with the conditions laid down in the authorization,

You can impose a fine of up to $200 000, unless it is a criminal offence.



(2) a natural person who



and) performs a search, the exploration or exploitation of mineral resources in the


Antarctica in contravention of this Act (section 5),



(b)) performs scientific research of mineral resources without the permission of or fails to comply with

the conditions laid down in the authorization,



c) removes or takes from the Antarctic minerals or paleontological findings

without the permission of or fails to comply with the conditions laid down in the authorization,



(d)) would threaten, damage or destroy historic site or monument,



e) interferes in the stocks or the habitats of native plants and geographically

animals without permission or fails to comply with the conditions laid down in the authorization,



f) removes the specially protected Antarctic plants and animals without

authorisation, or fails to comply with the conditions laid down in the authorization,



g) removes wastes in areas with no ice or in freshwater systems

(section 20),



h) removes or stowed in the radioactive waste in Antarctica, in breach of

This law,



I) to Antarctica, pesticides, polychlorinated biphenyls,

styrofoam balls, sliced, non-sterile soil, hazardous substances

or in contravention of this Act (section 21),



j) launch into the sea in the area of the Antarctic petroleum, petroleum mixtures, polluted

ballast water, contaminated materials, water from the rinse tray and other

oily residues and mixtures,



to the storage facility in the Antarctic) in contravention of this Act (section 20),



l) launch into the sea in the area of the Antarctic chemical substances and preparations or

other noxious liquid substances, sewage sludge or in contravention of this

the law (section 22),



m) stores the waste into the sea in the Antarctic area in contravention of this Act

(section 23),

You can impose a fine of up to Czk 1 000 000, unless it is a criminal offence.



(3) the legal entity that will fill one of the constituent elements of

referred to in paragraph 1 shall be fined up to 500 000 CZK.



(4) the legal entity that will fill one of the constituent elements of

referred to in paragraph 2 shall be fined up to $1 500 000.



(5) if as a result of the offence referred to in paragraph 1 or 2, committed

natural person, the permanent or long-term damage to the environment

The Antarctic, can be a fine save of up to 2 000 000 CZK. If as a result of

the offence referred to in paragraph 3 or 4 committed by a legal person, Permanent

or long term damage to the environment of the Antarctic, can be fine

Save up to 6 000 000 CZK.



(6) the Offences referred to in paragraphs 1 to 5 shall examine the Ministry, unless the

This law provides otherwise.



(7) the Offences committed by natural persons referred to in paragraph 2 (a). (j)), l) and

m) and similar offences committed by legal persons that occurred on

sea vessel or recreational yachts, which are operated under

the national flag of the United States, the maritime authority. ^ 23)



(8) the General conditions of liability for offences referred to in paragraph 1 or 2 shall be

assess and procedures shall be carried out according to the law about violations. ^ 24)

determine the amount of the fine the Czech person will take into consideration the severity, the importance and

duration of the infringement and to the extent caused by the consequences to

timeliness and effective synergy of the person who committed the infringement

discussions, troubleshooting. The fine can be United to a person save to three

years from the date on which the infringement has been found, up to 10

years from the date on which it occurred.



(9) the fine imposed in accordance with paragraphs 1 to 5 selects and enforced by the Ministry.

The proceeds of fines are State budget revenue.



section 28



Remove things obtained in violation of the law



(1) the Ministry will initiate proceedings to remove minerals, fossils

the findings, animals, plants or products (hereinafter referred to as "things"),

which can reasonably be expected to have been obtained by the person in the Czech Republic

Antarctica in contravention of this Act. At the same time the Ministry or

Czech environmental inspection on its request to order to ensure

things.



(2) the written decision about removing things shall issue the Ministry within 30 days from

the date of commencement of the proceedings, otherwise the procedure stops. The appeal does not have suspensory

effect. If the proceedings are stopped, locked the thing returns to its owner.



(3) the costs of hedging of the case and subsequent care of her to

termination of the proceeding on its removal be paid based on the final

the decision to remove the things a person thing was removed.



(4) the owner of the things removed on the basis of a final decision

becoming a State.



(5) the decision on the imposition of a fine under section 27 shall not affect the right of

decide to remove things.



PART TEN



COMMON AND TRANSITIONAL PROVISIONS



section 29



Cases of emergency



In cases of emergencies referred to in Protocol ^ 26) shall not apply

the relevant provisions of this law. In these cases, the Czech people

required to



and) Act in a manner that leads to the least possible effects on the

the Antarctic environment,



(b) report immediately to the Ministry) data relating to the case status

emergency, which are necessary to inform the Committee and the other Contracting

the parties to the agreement and the Protocol.



section 30



(1) in a proceeding under this Act, with the exception of the fourth section progresses

According to the code of administrative procedure, unless this Act provides otherwise.



(2) service of a document in a day to the Antarctic to the destination pursuant to § 7

paragraph. 3 (b). (e)) and § 9 para. 2 (a). e) is considered to be the last day

60-day period beginning on the date of transmission of the document to a

carriage.



section 31



The Ministry will issue a decree to implement section 8 (2). 1 (b). I) and section 24

(a). h). The Ministry may issue a decree to implement section 2 para. 2, §

15 paragraph 1. 8 and § 16 para. 12.



§ 32



Transitional provisions



Czech persons who on the date of entry into force of this law shall be carried out

activities in Antarctica, may carry out these activities without a permit

for a maximum period of one year from the date of entry into force of this Act.



§ 33



The scope of the Czech law



The Czech people in Antarctica subject to the provisions of laws and other

the legislation of the United Kingdom as well as on its national territory,

unless otherwise provided in this or any other law or international treaty, which is

Czech Republic tied, otherwise.



PART ELEVEN



cancelled



§ 34



cancelled



PART TWELVE



AMENDMENT OF THE ACT ON ADMINISTRATIVE FEES



§ 35



In Act No 368/1992 Coll., on administrative fees, as amended by Act No.

10/1993 Coll., Act No. 72/1994 Coll., Act No. 85/1994 Coll., Act No.

273/1994 Coll., Act No. 36/1995 Coll., Act No. 118/1995 Coll., Act No.

160/1995 Coll., Act No. 301/1995 Coll., Act No. 151/1997 Coll., Act No.

305/1997 Coll., Act No. 148/1998 Coll., Act No. 157/1998 Coll., Act No.

167/1998 Coll., Act No. 63/1999 Coll., Act No. 167/1999 Coll., Act No.

167/1999 Coll., Act No. 222/1999 Coll., Act No. 326/1999 Coll., Act No.

353/1999 Coll., Act No. 359/1999 Coll., Act No. 360/1999 Coll., Act No.

363/1999 Coll., Act No. 46/2000 Coll., Act No. 62/2000 Coll., Act No.

117/2000 Coll., Act No. 133/2000 Coll., Act No. 151/2000 Coll., Act No.

153/2000 Coll., Act No. 155/2000 Coll., Act No. 155/2000 Coll., Act No.

158/2000 Coll., Act No. 227/2000 Coll., Act No. 242/2000 Coll., Act No.

242/2000 Coll., Act No. 308/2000 Coll., Act No. 367/2000 Coll., Act No.

140/2001 Coll., Act No. 231/2001 Coll., the Act No. 76/2002 Coll., Act No.

120/2002 Coll., Act No. 146/2002 Coll., Act No. 150/2002 Coll., Act No.

173/2002 Coll., Act No. 312/2002 Coll., Act No. 320/2002 Coll., Act No.

129/2003 Coll., Act No. 131/2003 Coll., Act No. 148/2003 Coll., Act No.

149/2003 Coll., Act No. 218/2003 Coll. and Act No. 274/2003 Coll.,

Administrative fees tariff, annexed to Act No. 368/1992

Coll., shall be added to section XVII, which reads:



"PART XVII



PROCEEDINGS UNDER THE LAW ON ANTARCTICA

Item 167

a) submitting an application for a residence permit in the Antarctic Eur 5000.0--

b) an application for authorization to carry out scientific

Research of mineral resources in Antarctica-$ 200.0-

c) an application for authorization to the collection of minerals, or

paleontological findings in Antarctica and their

$ export 200.0-a-

d) an application for authorization to construct, remodel

or delete objects in Antarctica-$ 200.0-

e) applying for permission to enter on the particular

protected Antarctic territory-$ 200.0-

f) an application for authorization to interfere with stocks

or habitats geographically native plants

and fauna in Antarctica-$ 200.0-

(g)) of the request for authorisation to receive especially

protected Antarctic species of plants and animals

$200.0-in Antarctica-

h) applying for import permits for geographically

non-native species of plants, animals and micro-organisms

$200.0-Antarctica-

I) an application for authorization to import of dangerous

substances and preparations-$ 200.0-Antarctica-".



PART THIRTEEN



The EFFECTIVENESS of the



section 36



This Act shall take effect on the date of its publication in the collection of Log

international treaties.



Fort Worth Star Telegram in r.



Klaus r.



Spidla in r.



1) contract for Antarctica, renowned as no. 76/1962 Coll.



2) the Protocol on environmental protection to the Antarctic Treaty

done at Madrid on 4. October 1991.



3) Act No. 40/1993 Coll. on acquisition and loss of citizenship

The Czech Republic, as amended.



4) Act No. 326/1999 SB. on residence of aliens in the territory of the Czech Republic and

amendments to certain laws, as amended.




5) section 2 of the Act No. 17/1992 Coll., on the environment.



6) Protocol of 1978 to the International Convention for the prevention of pollution from ships

(MARPOL) 1973, promulgated under Act No. 73/1995 Coll.



7) Article. Even the Antarctic Treaty.



8) § 2 (2). 2 of the Act No. 62/1988 Coll., on geological works, as amended by

amended.



9) Article. 7 of the Protocol on environmental protection to the Treaty on

Antarctica.



10) Act No 61/2000 Coll., on maritime navigation.



11) § 17 para. 5 of law No. 71/1967 Coll., on administrative proceedings (administrative

order).



12) for example, Act No. 18/1997 Coll. on peaceful uses of nuclear energy

and ionizing radiation (the Atomic Act), and amending and supplementing certain

laws, as amended, Act No. 61/1988 Coll. on mining

activities, explosives and the State Mining Administration, as amended

legislation, law No 16/1997 Coll., on conditions for the import and export of endangered

species of wild fauna and flora and other

measures to protect these species and amending and supplementing Act No.

114/1992 Coll., on nature and landscape protection, as amended

the regulations, as amended by Act No. 320/2002 Coll.



13) Act No. 36/1967 Coll. on experts and interpreters.



14) section 19 of the Act No 100/2001 Coll. on environmental impact assessment

environment and amending some related laws (Act on the assessment of

effects on the environment).



15) section 18 of Act No 100/2001 Coll.



16) Act No 246/1992 Coll., on the protection of animals against cruelty, as amended by

amended.



Law No 16/1997 Coll., as amended by Act No. 320/2002 Coll.



17) section 2 of the Act No. 110/1997 Coll. on foodstuffs and tobacco products and

amending and supplementing certain related laws, as amended by Act No.

306/2000 Sb.



18) Act No. 185/2001 Coll., on waste and amending certain other

laws, as amended.



19) § 2 (b). r) Act No. 18/1997 Coll., as amended by Act No. 13/2002 Sb.



20) for example Act No. 157/1998 Coll., on chemical substances and chemical

preparations and amending certain other acts, as amended

legislation, Act No. 167/1998 Coll., on addictive substances and amending

certain other laws, as amended, law No.

79/1997 Coll., on pharmaceuticals and on amendments and additions to certain related

laws, as amended, Act No. 91/1996 Coll., on feedstuffs

as amended, Act No. 110/1997 Coll., as amended by

amended, Act No 147/1996 Coll., on phytosanitary care and

amendments to some related laws, as amended,

Act No. 157/1998 Coll., on fertilisers, soil conditioners,

auxiliary plant products and substrates and agrochemical

testing of agricultural soil (fertilizers Act), as amended

regulations.



21) § 2 (2). 1 and 2 of Act No. 157/1998 Coll., as amended by Act No. 349/1999

SB.



22) Act No. 553/1991 Coll. on State control, as amended

regulations.



23) § 3 of the law No 61/2000 Sb.



24) Act No. 200/1990 Coll. on offences, as amended.



26) Article. Annex I, article 7. Annex II, article 2. 12 of annex III, article. 7

Annex IV and article. 11 of annex V of the Protocol on environmental protection

to the Antarctic Treaty as agreed in Madrid on June 4. October 1991.