On The Labelling And Traceability Of Explosives For Civil Uses

Original Language Title: o označování a sledovatelnosti výbušnin pro civilní použití

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Read the untranslated law here: https://portal.gov.cz/app/zakony/download?idBiblio=79734&nr=83~2F2013~20Sb.&ft=txt

83/Sb.



LAW



of 13 October. March 2013



on the labelling and traceability of explosives for civil uses



Parliament has passed the following Act of the United States:



§ 1



The subject of the edit



(1) this Act incorporates the relevant provisions of the European Union), and in ' ^ 1 '

relation to the labelling and traceability of explosives for civil uses

modifies the



and obligations of persons engaged in) the field of explosives and



(b)) the scope of the public authorities.



(2) this law shall apply to explosives ^ 2) with the exception of the pyrotechnic

products.



(3) this Act does not apply to explosives, which are kept for their needs



and) the armed forces of the United States, the Security Corps, or Czech Office

for the testing of weapons and ammunition, or



b) armed forces or security corps of other States when they

stay on the territory of the Czech Republic, in transit through the territory of the United

Republic or when crossing over the territory of the Czech Republic, where it is clear from the

the international treaty, which is part of the legal order.



(4) the Government regulation of explosives, on the list that don't apply

requirements for clear labelling and traceability requirements laid down in this

by law.



§ 2



Marking of explosives



(1) a person operating in the explosives sector, which produced explosive or

imports, is required to procure the explosive and each of its smallest packages

the designation for the purposes of traceability, so that this marking be well

readable, unique and unmistakable, and in order to comply with the requirements of

laid down in the implementing Regulation (hereinafter referred to as the ' clear

the designation "), if the explosive was not already marked that these

meets the requirements.



(2) in the event that the explosive is subject to additional manufacturing and Assembly

processes, a person involved in the explosives sector that these processes

done, is not required to obtain a clear indication it again for

provided that the original unique identification still complies with the requirements

established by this Act.



(3) paragraph 1 shall not apply where an explosive is made for export to the

States which are not Member States of the European Union, and a person doing business

in the field of explosives, explosive produced in the manufacture of it shall bear

in accordance with the requirements of the importing State, enabling this

the explosive track.



(4) in the event that the person doing business in the field of explosives and explosive again

packaged, is responsible for the explosive and each of its smallest packages are

accompanied by a clear indication.



(5) a person operating in the explosives sector shall not hold the explosive, which

does not meet the requirements for a clear indication or designation by

to paragraph 3.



(6) the Government regulation requirements for the clear labelling of

explosives.



§ 3



Three seat allocation code number



For the purposes of a clear designation of the Czech mining Office allocates to each

the place of manufacture of explosives three-digit numeric code on the request of the



and entrepreneurs in the industry) explosives, which produced explosive, if

the place of manufacture of explosives within the territory of the Czech Republic,



b) entrepreneurs in the field of explosives, which the explosive is manufactured and is

established in the territory of the European Union, if the place of manufacture of explosives located

outside the European Union, and explosives are being imported into the United States,

or



c) entrepreneurs in the field of explosives, which the explosive is imported into the United

Republic, if the manufacturer of the explosives is not established in the Member State

The European Union and the place of manufacture of explosives is located outside the territory of the European

Union.



§ 4



System for traceability of explosives



(1) a person operating in the explosives sector is required to establish and maintain a system

for the traceability of explosives held.



(2) the system pursuant to paragraph 1 must allow the monitoring of explosives so that

identify



a) explosives according to data from a unique marking, including the name of the

and the quantity,



(b)) the person from whom it was acquired, the explosive



c) person explosive passed,



(d)) the place where the explosive is located, than the later passed, consumed

or destroyed,



(e)) of the employee, where the explosive is located, than the later passed,

consumed or destroyed, and



f) date on which the explosive is to be made, obtained, transferred, consumed

or destroyed.



(3) data collected from the system for the monitoring of explosives must have the person

doing business in the field of explosives stored for a period of 10 years after the handover,

consumption or destruction of the explosives. In the case of the demise of this person passes

the insolvency administrator or the liquidator of the collected data to the competent

the district mining authority; These data will be kept here until the expiry of

specified amount of time. Obligation to transmit the collected information to the district

a motion for authority applies, mutatis mutandis and the administrator of the inheritance or the heirs in

the case that after the death of entrepreneurial natural persons in the trade

under the Trade Act do not go on.



(4) a person operating in the explosives sector is required to further



and periodically, but at least) once per calendar year, to verify the

system for monitoring of explosives in order to ensure its effectiveness and

the reproducibility of the data collected,



(b)) to protect collected data from accidental or malicious damage

or destruction,



(c) at the request of authorities) to provide the State Mining Administration, Police authorities

The United States, or to law enforcement information from the

the collected data and



(d)) to provide at the request of the authorities referred to in point (c)) the name or

name, surname and contact details of the person who can supply information from

the collected data and outside working hours.



§ 5



The scope of the public authorities



(1) the State administration under this Act shall exercise



and the Czech mining Office) and



(b) the district mining offices).



(2) the Czech mining Office



and the three-digit code point) is assigned under this Act and production



(b)) decides on appeals against the decisions of the district mining offices

issued pursuant to this Act.



(3) the district mining offices



and exercise supervision over the performance of) the obligations laid down by law,



(b)) measures to remedy the shortcomings related to the performance of the

obligations under this Act,



(c) the procedure for) administrative offences and



(d) data collected them) passed in the cases referred to in § 4

paragraph. 3.



(4) the Supervision exercised by the district mining offices under the law governing

control ^ 3) obvodními mining inspectors, who in the performance of their

activities demonstrate the staff ID card.



§ 6



Administrative offences of legal entities and natural persons-entrepreneurs



(1) a person operating in the explosives sector, which produced explosive or

imports, is guilty of an administrative offense by that, contrary to § 2 (2). 1

neopatří unequivocally identifying the explosive.



(2) any person doing business in the field of explosives, which the explosive is manufactured,

committing an administrative offense by the explosive intended for export to the United States,

that are not Member States of the European Union, neopatří in the production of

a designation under section 2 (2). 3.



(3) a person conducting business in the field of explosives, committing an administrative offense

by



and fails to comply with any of the requirements), pursuant to section 2,



b) contrary to section 4 (4). 1 and 2 has not established or does not keep a system for

traceability of explosives, or it does not result in the desired range,



c) contrary to section 4 (4). 3 does not have stored the data collected for a specified

period of time,



d) contrary to section 4 (4). 4 (b). and does not verify the traceability system)

explosives in order to ensure its efficiency and the quality of the recorded data,



e) contrary to section 4 (4). 4 (b). (b)) does not protect the data collected before the

accidental or malicious damage or destruction,



(f)) does not provide any information on the request pursuant to section 4, paragraph 4. 4 (b). (c))

or (d)), or



g) fails to comply with corrective measures imposed pursuant to § 5 para. 3 (b). (b)).



(4) for the administrative offence under paragraphs 1 to 3 shall be fined up to 1

000 000 CZK.



(5) an administrative offence referred to in paragraph 1, 2 or of paragraph 3 (b). and) or

g) can be combined with a fine save and the confiscation of explosives. Confiscation of the

explosives can be saved, if the perpetrator belongs to an explosive, the administrative

the offence was committed and the administrative offense taken or intended, or

the administrative tort was obtained. The owner of the sunken explosives becomes

State.



§ 7



Provisions common to administrative offences



(1) a legal person for an administrative offence is not liable if he proves that

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

a legal obligation is prevented.



(2) in determining the amount of the fine on a legal person shall take account of the seriousness of the

the administrative offense, in particular, to the manner of its perpetration, its consequences, and to

circumstances in which it was committed.



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

administrative authority about him has not initiated proceedings within 3 years from the date on which it

learned, but not later than 5 years from the day when it was committed.



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

the district mining Office.



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

person or in direct connection with him, subject to the provisions of the law on

liability and sanctions legal persons.



(6) the Fines collected and enforced by the authority that is saved. Income from fines is


State budget revenue.



§ 8



Transitional provisions



(1) the obligations of persons operating in the explosives sector consisting in

the identity of the mark and in the management of the system for the traceability of explosives

do not apply to explosives produced or imported before the date of 5. April

2013.



(2) the provisions of § 2 (2). 1 and 5 shall apply from 5 April 2002. April 2013.



(3) the provisions of § 2 (2). 4 and section 4 shall apply from 5 April 2002. April 2015.



§ 9



Regulation (EEC)



Shall be repealed:



1. Act No. 146/2010 Coll., on the labelling and traceability of explosives for

civilian use.



2. Section XLVII of Act No. 18/2012 Coll., amending certain

laws in connection with the adoption of the law on the customs administration of the Czech Republic.



§ 10



The effectiveness of the



This Act shall take effect on the date of its publication.



Němcová in r.



Zeman in r.



Nečas in r.



1) Commission Directive 2008/43/EC of 4 April 2003. April 2008, which according to the

Council Directive 93/15/EEC establishes a system for the identification and

traceability of explosives for civil use.



Commission directive 2012/4/EU of 22 December 2004. February 2012, amending

Directive 2008/43/EC in accordance with Council Directive 93/15/EEC establishes

a system for the identification and traceability of explosives for civil use.



2) § 21 para. 1 (b). and) Act No. 61/1988 Coll. on mining activities,

explosives and the State Mining Administration, as amended.



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