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.