Change Of The Chemical Act And Amendment Of Certain Other Acts

Original Language Title: změna chemického zákona a změna některých dalších zákonů

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Read the untranslated law here: https://portal.gov.cz/app/zakony/download?idBiblio=81911&nr=61~2F2014~20Sb.&ft=txt

61/2014 Sb.



LAW



of 19 December 2003. March 2014,



amending the law no 350/2007 Coll., on chemical substances and chemical

mixtures and amending some laws (legislation), as amended by Act No.

279/2013 Coll., and some other laws



Change: 224/2015 Sb.



Parliament has passed the following Act of the United States:



PART THE FIRST



Change of the chemical law



Article. (I)



Law No. 350/2007 Coll., on chemical substances and chemical mixtures and

amendments to certain laws (legislation), as amended by Act No. 279/2013

Coll., is amended as follows:



1. in article 15, paragraph 2. 1 (b). (b)), point 1, the words "(a). b) to (f)), and (j)) "

replaced by the words "(a). b) to (e)), h) and (j)) ".



2. section 18 (1):



"(1) for the purposes of this Act and the regulations directly applicable European

Union ^ 20) ^ 21) performs the testing of hazardous properties of the substance or

mixtures in the range of hazardous characteristics set out in parts 3 and 4

Annex I to the regulation of the European Parliament and of the Council (EC) no 1272/2008 ^ 21)

only a person who has a certificate of compliance with the policy (hereinafter referred to as

the "certificate"). ".



3. § 25 para. 1, point (c)) shall be deleted.



Subparagraph (d)), and (e)) shall become points (c) and (d)).)



4. section 32, including the title.



5. In § 33 para. 1 the words "the competent authority is entitled to

order "shall be replaced by" the competent authorities referred to in article 23 (a). (d))

to (h)) are entitled to order the ".



6. In § 33 para. 1, letter a) is added:



") to the person who stated on the market a substance or mixture is contrary to the requirements of the

their classification, packaging or labelling laid down directly

applicable to the EU regulation on classification, labelling and

^ 21) labelling, to suspend their placing on the market by the time

before stating their classification, packaging and labelling in accordance with the following

requirements ".



7. In paragraph 33, the dot at the end of paragraph 1 is replaced by a comma and the following

points (g) to (i))), including footnote # 28:



"(g)) to the person who stated on the market a substance or mixture is contrary to the requirements of the

their classification, packaging or labelling laid down in title II, to

suspended their placing on the market, pending, stating their

the classification, packaging and labelling in accordance with these requirements,



(h)) to the person who launched the surfactant or detergent

containing surfactants that meet the criteria of biological

the biodegradability of a directly applicable provision provided for the European Union of

^ 28) detergents, their withdrawal from the market, or



I) to the person who stated detergent on the market that does not meet the content restrictions

phosphates and other phosphorus compounds provided for directly applicable

the EU regulation on detergents ^ 28), its withdrawal from the market.



28) European Parliament and Council Regulation (EC) No 648/2004 of 31 March 2004.

March 2004 on detergents, as amended. ".



8. In section 34 para. 2 letter a) is added:



"and produces or imports the substance) or the substance in the mixture or article without

registration or notification in accordance with regulation directly applicable European

Union on the registration, evaluation, authorisation and restriction of chemicals

substances ^ 20), or ".



9. In § 34 paragraph 3 reads:



"(3) the manufacturer is guilty of an administrative offense by that, contrary to directly

applicable to the EU regulation on detergents ^ 28) launches on

the territory of the Czech Republic



and) surfactant or detergent containing surface active

substance which does not meet the criteria biodegradability established

directly applicable EU regulation on detergents ^ 28), or



b) detergent or detergent intended for the consumer for

Automatic dishwasher detergents for consumers. ".



10. In section 34 para. 6 (a). (b)), the words "directly applicable regulation"

replaced by the words "title VIII directly applicable prescription".



11. in section 34 para. 6 c) and (d)):



"(c)) shall appear on the market a substance or mixture classified as hazardous, without

to ensure its labelling and packaging according to the directly applicable legislation

The European Union on the classification, labelling and packaging of substances and mixtures ^ 21),



d) launches a blend that is classified as hazardous, or

the mixture, which can pose a specific danger to the health or

the environment without ensuring its marking and packaging according to § 11

up to 16, ".



12. in section 34 para. 6 at the end of subparagraph (f)), the word "or" is deleted.



13. in paragraph 34, the dot at the end of paragraph 6 shall be replaced by "or", and

the following point (j)), which read as follows:



"j) contrary to the directly applicable European Union regulation concerning the registration,

evaluation, authorisation and restriction of chemicals) does not retain the 20 ^ ^

all information that it requires for the performance of their duties, for a period,

This is a substance or mixture is placed on the market, and for a period of 10 years from the

the last entry on the market. ".



14. in § 34 paragraph 10 and 11 read as follows:



"(10) the downstream user is guilty of an administrative offense by that, in contrast

with a directly applicable EU regulation on registration, evaluation,

authorisation and restriction of chemical substances ^ 20)



and) a chemical safety report is not produced or does not provide the European

Chemicals Agency certain information, or



(b)) unless the or not apply appropriate measures to adequately control risks

identified



1. the safety data sheet supplied to him,



2. in his own chemical safety assessment, or



3. any information on risk management measures, that have been

provided.



(11) the registrant is committed by the administrative offense to the fact that

contrary to the directly applicable European Union regulation concerning the registration,

evaluation, authorisation and restriction of chemicals ^ 20)



and does not provide the European Agency for the) chemical substances set out information,



(b) it provides for or does not apply), appropriate measures to adequately control the risks

identified in the chemical safety assessment or is not in

the safety data sheets



(c)) does not maintain a chemical safety report or it does not update, or



(d)) does not update your registration data by adding information that the newly

found, or does not submit the European Chemicals Agency.



15. In § 34 paragraph 13 reads:



"(1) the manufacturer or distributor who places on the market in the territory of the United

Republic of detergent, is guilty of an administrative offense, by



and) launches a detergent without ensuring its name according to directly

applicable European Union legislation on detergents ^ 28),



(b)) launches a detergent that does not meet the restriction of phosphate content

and other compounds of phosphorus by directly applicable regulation

Union of detergents ^ 28), or



(c)) does not provide the Ministry of health information pursuant to section 22 paragraph 1. 3

or (4) ".



16. in section 34 para. 15, the words "directly applicable regulation"

shall be replaced by a directly applicable regulation laid down "and the words" in the

contrary to the decision of the competent administrative authority according to § 33 para. 1

fails to remedy "shall be replaced by the words" does not suspend any further marketing of the

substances or mixtures in accordance with § 33 para. 1 (b). and) ".



17. in section 34 para. 16 the words "under Title II" shall be replaced by

"provided for in title II" and the words "contrary to the decision of the competent

the administrative authority according to § 33 para. 1 (b). and fails to remedy ")

replaced by the words "does not suspend any further marketing of the substance or preparation on the market

According to § 33 para. 1 (b). (g)). "



18. in § 34 paragraph be inserted after paragraph 19, 20 and 21, which

shall be added:



"(8) a person who has launched a surfactant or a detergent

containing surfactants that meet the criteria of biological

the biodegradability of a directly applicable provision provided for the European Union of

detergents ^ 28), is guilty of an administrative offense that does not download such

surfactant or detergent containing surface active

substance from the market in accordance with § 33 para. 1 (b). (h)).



(21) a person who launched the detergent that does not meet the restrictions

phosphates and other phosphorus compounds provided for directly

applicable to the EU regulation on detergents ^ 28), is guilty of an

the administrative offense that does not download such detergent from the market in accordance with § 33

paragraph. 1 (b). i).“.



The present paragraph 8 shall become paragraph 10.



19. in section 34 para. 22 letter c) is added:



"(c)) to $3 000 000, in the case of an administrative offence referred to in paragraph 4 (b). (b)),

paragraph 6 (a). a), h), (i)) or (j)), paragraph 7 (b). a), paragraph 8,

paragraph 10 (a). (b)), paragraph 11 (a). (b) paragraph 13 (a)). and) or

(b)) or paragraphs 20 or 21 ".



20. in section 34 para. 22 letter c) the following point (d)), which read as follows:



"(d)) to 2 500 000 CZK in the case of an administrative offence under paragraph 11 (b). and)

or (d)) ".



Subparagraph (d)) to (f)) are known as the letters e) to (g)).



21. in section 34 para. 22 letters e) and (f)):



"e) to 2 000 000 CZK in the case of an administrative offence under paragraph 5 (b). (b)),

paragraph 6 (a). e) or (f)) or paragraph 7,



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

paragraph 2 (a). (b)), paragraph 3, paragraph 7 (b). (b)), paragraph 9,

paragraph 10 (a). and paragraph 11 (a)). and), (c)) or (d)), paragraph 12

or (b) of paragraph 13. c),“.



22. in paragraph 35, the following paragraph 5 is added:



"(5) the income from the fines imposed on the Czech environmental inspectorate is


income the State Environmental Fund and income from the fines imposed

in other administrative bodies is income of the State budget. "



23. in section 49 (2) of title II, the words "and", the words "§ 33 para. 1

(a). (g)), "and the words" paragraph. 20 (a). (b)), and (d)) "shall be replaced by" paragraph.

22 (a). (b)), and (e)) ".



Article. (II)



Transitional provisions



1. Review initiated before the date of entry into force of this Act shall be

finishes according to law No. 350/2011 Coll., in the version in force before the date of

entry into force of this Act.



2. the procedure, which has not been lawfully terminated before the date of entry into force of

This law shall be completed in accordance with Act No 350/2007 Coll., as amended by

effective before the date of entry into force of this Act.



PART TWO



cancelled



Article. (III)



cancelled



Article. (IV)



cancelled



PART THREE



Change the Water Act



Article. In



Act No. 254/2001 Coll. on waters and on amendments to certain acts (the water

Act), as amended by Act No. 76/2002 Coll., Act No. 320/2002 Coll., Act

No 274/2003 Coll., Act No. 20/2004 Coll., Act No. 413/2005 Coll., Act

No 444/2005 Coll., Act No. 186/2006 Coll., Act No. 222/2006 Coll., Act

No 342/2006 Coll., Act No. 25/2008 Coll., Act No. 167/2008 Coll., Act

No 181/2008 Coll., Act No. 157/2009 Coll., Act No. 227/2009 Coll., Act

No 281/2009 Coll., Act No. 150/2010 Coll., Act No. 77/2010 Coll., Act

No 151/2007 Coll., Act No. 85/2012 Coll., Act No. 350/2012 Coll., Act

No 501/2009 Coll., Act No. 275/2013 Coll. and Act No. 303/2013 Coll.,

be amended as follows:



1. in § 9 para. 8, the words "§ 39 para. 13 "are replaced by the words" § 39 para.

12. "



2. In section 39, paragraph 10 shall be deleted.



Paragraphs 11 to 13 shall become paragraph 10 to 12.



3. In article 122, paragraph 5 shall be deleted.



Paragraphs 6 and 7 are renumbered as paragraphs 5 and 6.



4. In § 122 para. 5 (b). (c)), the words "referred to in paragraphs 3 and 5" are replaced by

the words "paragraph 3".



5. In paragraph 125, paragraph 5 shall be deleted.



Paragraphs 6 and 7 are renumbered as paragraphs 5 and 6.



6. In section 125 g of paragraph 1. 5 (b). (c)), the words "referred to in paragraphs 3 and 5, or"

shall be replaced by "referred to in paragraph 3, or".



Article. (VI)



Transitional provision



The procedure, which has not been lawfully terminated before the date of entry into force of

This Act shall be completed pursuant to Act No. 254/2001 Coll., as amended by

effective before the date of entry into force of this Act.



PART FOUR



The EFFECTIVENESS of the



Article. (VII)



This Act shall take effect on the date of its publication, with the exception of the provisions

article. I, points 9 and 13, paragraph 14, concerning section 34 para. 10 (a). (b)) and section 34

paragraph. 11 (a). b) to (d)), section 15, in terms of section 34 para. 13 (a). a) and

(b)), point 18 and article. In, which will become effective on 1 January 2004. July 2014.



Hamáček in r.



Zeman in r.



Sobotka in r.