138/2008 Sb.
LAW
of 20 December. in March 2008,
amending the Act No. 19/1997 Coll., on certain measures
related to the prohibition of chemical weapons and on the amendment and supplement of the law
No. 50/1976 Coll., on territorial planning and the building code (the building Act),
in the wording of later regulations, and Act No. 455/1991 Coll., on trades
business (Trade Act), as amended by later regulations, and act
No. 140/1961 Coll., the criminal code, as amended by later regulations, as amended by
amended
Parliament has passed the following Act of the Czech Republic:
Article. (I)
Act No. 19/1997 Coll., on certain measures connected with the prohibition of
chemical weapons and amending and supplementing Act No. 50/1976 Coll., on the territorial
planning and building code (the building Act), as amended
the provisions of law No. 455/1991 Coll., on trades
(Trade Act), as amended, and Act No.
140/1961 Coll., the criminal code, as amended by later regulations, as amended by
Act No. 249/2000 Coll., Act No. 356/2003 Coll., Act No. 186/2004 Sb.
Act No. 186/2006 Coll., is hereby amended as follows:
1. In section 2 (a). (j)), the comma after the word "processing" shall be replaced by
"or", and the words, "the imports or exports" are deleted.
2. In section 2, at the end of the text of the letter k), the words "or space to
production of certain organic chemicals ".
3. In section 2, at the end of the letter m), the dot is replaced by a semicolon and the following
the letter n), which read:
"n) transfer the output provided for substances from the territory of the Czech Republic, or
input provided for substances on the territory of the Czech Republic. ".
4. In section 3, paragraph 3. 2 the word "Importation" shall be replaced by the word "Transfer".
5. In section 4, paragraph 4. 1, the words "of the award" be replaced by "find",
the word "communicate" with the words "the most well-liked Relief Corps of the Czech
Republic and ".
6. In section 5 (3). 1 the word "importation" shall be replaced by the word "transfer".
7. In section 6 paragraph 2 is added:
"(2) any natural or legal person who is treated with substances
for protective purposes, is required to report on the activities of the Office of the information
carried out for these purposes in the past calendar year to 31.
January of the following year. Contents of the report sets out the Authority implementing the legal
Regulation. ".
8. In section 7 (2). 2 the words "laid down Criteria for the classification of substances into the
the list including lists of "shall be replaced by the word" Lists ".
9. In Section 7a, paragraph. 1 the word "importation" is deleted.
10. In section 8 to the end of the text of paragraph 1, the words "and only to the
the research, medical, pharmaceutical or protective purposes ".
11. In section 8 (2). 2, after the words "weapons and" following the word "about".
12. the footnote No 2:
"2) Convention on the prohibition of the development, production, Stockpiling and use
of chemical weapons and on their destruction, known for under no 94/1997 Coll. ".
13. In section 9 (2). 2 (a). and the word ' seat) "shall be replaced by the words" instead of
establishment of "and the words" Czech Republic "shall be replaced by the words" any of the
the Member States of the European Union or another Contracting State to the agreement on
The European economic area ".
14. In section 9 (2). 3, the words ", or the number of operations in which the production
is conducted, shall not exceed the number of that Office shall decree "shall be replaced by
the words "and if the production of highly hazardous substances takes place in
the premises laid down by the implementing regulation. "
15. In article 9 paragraph 4 is added:
"(4) the authority shall not grant a license,
and if the applicant has been) in the past ten years before the date of submission of the
applications for licences are withdrawn, or
(b)) if it is contrary to the security interests of the Czech Republic;
the opinion that the granting of the licence in accordance with these interests, shall communicate to the
The Office of the Ministry of the Interior, the security information service, Military
the news and the Office for foreign relations and information; These authorities are
required to the application for issue of a licence to express, in writing, within 30 days from
the date on which they were delivered a copy of the application to the Office, otherwise, it is considered that the
with the granting of a license agrees. ".
16. In section 10, paragraph 1. 2 letter b) including footnote 2a is added:
"(b)) the nationality of a Member State of the European Union, of another Contracting
the State of the agreement on the European economic area, and the Swiss Confederation
or another State, in terms of the person authorized to the recognition of professional
qualifications under special legislation ^ 2a),
2A) Law No 18/2004 Coll., on the recognition of professional qualifications and other
eligibility of nationals of the Member States of the European Union and the
change some of the laws (law on the recognition of professional qualifications), as amended by
amended. ".
Former footnote No. 2a and 2b are renumbered as notes under
footnote No. 2b and 2 c, and including references to footnotes.
17. In section 10, paragraph 1. 2 (a). (c)), the words "permanent residence" be replaced by
"the fact that permanently resides".
18. In section 10, paragraph 1. 2 letter f) including footnote 2b is inserted:
"(f)), the competence for the management of hazardous chemical substances
and chemical preparations classified as very toxic in accordance with
special legal regulation ^ 2b),
2B) section 44b of Act No. 258/2000 Coll., on the protection of public health and
some related laws, as amended. ".
Former footnote No. 2b and 2 c are renumbered as notes under
line no 2 c and 2d, and including references to footnotes.
19. In section 10, at the end of paragraph 2, the period is replaced by a comma and the following
the letter g) is added:
"(g)), 3 years experience in the fields of chemistry.".
20. In section 12, paragraph. 1 (a). and the word ' seat) "shall be replaced by the words" instead of
of establishment "and at the end of the text of subparagraph (a)), the words", if
allocated ".
21. In section 12, paragraph. 1 (b)):
"(b)), the name and surname, date of birth and address of the responsible representative, on the
that are permanently resident, ".
22. In section 12, paragraph. 2 at the end of the text of subparagraph (c)), the words ",
where appropriate, the decision on the recognition of professional qualifications provided for in the specific
^ 2a) Act ".
23. In section 12, paragraph. 2 (a). (e)), the number "18" is replaced by "25a".
24. In section 12 at the end of paragraph 2, the period is replaced by a comma and the following
letter h), including a footnote No 2 c is inserted:
"(h) a copy of the decision of the authority) the protection of public health, on the inclusion of
the workplace into the category in terms of risk to health by
special legal regulation ^ 2 c).
2 c) Act No. 258/2000 Coll., on the protection of public health and
some related laws, as amended. ".
The existing footnote No 2 c and 2d are renumbered as notes under
line no 2d and 2e, including references to footnotes.
25. In section 13 (3). 3 (b). and the word ' seat) "shall be replaced by the words" instead of
of establishment "and at the end of the text of subparagraph (a)), the words", if
allocated ".
26. In section 13 (3). 3 (b)):
"(b)), the name and surname, date of birth and address of the responsible representative, on the
that are permanently resident, ".
27. In article 13, the following paragraph 4, including the footnote.
2D:
"(4) a Licence is not required for rescue operations, aiming to prevent or
the limitations of the immediate effects of the risks resulting from extraordinary events
or the winding-up operations, aiming at the Elimination of consequences caused by
an extraordinary event ^ 2d); the person performing salvage or scrap
the work shall immediately report their implementation of the police of the Czech Republic and
The Office.
2D) Law No. 239/2000 Coll., on the integrated rescue system and amending
certain acts, as amended. ".
Former footnote No. 2d and 2e are renumbered as notes under
footnote No. 2e and 2f, and including references to footnotes.
28. In section 14 is at the end of paragraph 2, the period shall be replaced by "or", and
the following point (c)), which read:
"(c) the authorisation of the holder) is inconsistent with the safety
the interests of the Czech Republic; opinion, that the performance of
licence contrary to these interests, the Office shall notify the Ministry of the Interior,
The security intelligence service, military intelligence or the Office for
foreign relations and information. ".
29. section 17 including title:
"§ 17
The transfer of highly dangerous substances
(1) the transfer of highly dangerous substances is possible only between the Member States
The Convention and only under the conditions laid down in this Convention.
(2) data on the expected transfer of highly dangerous substances is the holder of the
the licence shall be obliged to report to the Office no later than 40 days before his
implementation. ".
30. section 18 including the title:
"section 18
Reporting of highly dangerous substances
The licence holder is obliged to report to the Office information on the management of high
hazardous substances, for the previous calendar year to 31. January
the following year, and data on the projected waste for the following
calendar year to 31 December each year. in August of the current year. The data that is
the licensee shall be obliged to report, lays down the law. ".
31. In section 19 is at the end of the text of paragraph 2, the words "that this
the information shall immediately communicate the most well-liked Relief Corps of the Czech Republic
and the authority ".
32. In § 20 paragraph 1 reads:
"(1) a natural or legal person who disposes of hazardous substances
and exceeds the specified quantities of dangerous substances or their fixed
concentration is required to report to the Office information on the production, processing,
consumption and transfer of hazardous substances for the previous calendar year to 31.
January of the following year and the details of the anticipated production, processing and
consumption of dangerous substances for the following calendar year, annually
until 31 December 2006. in August of the current year. ".
33. Article 20, paragraph 2 shall be deleted.
The former paragraph 3 shall become paragraph 2.
34. In section 20, paragraph 2, the following paragraph 3 is added:
"(3) the detailed legislation lays down the quantities of dangerous substances,
the concentration of dangerous substances in a mixture with other substances and the contents of the
reporting in accordance with paragraphs 1 and 2. ".
35. section 21, including the title.
36. section 22, including the title:
"§ 22
The transfer of hazardous substances
(1) a natural or legal person may transfer the dangerous substances from the
the Member States or to the Member States of the Convention.
(2) hazardous substances can be transferred from States or States which are not
the Member States of the Convention, only under the condition that dangerous substances
do not exceed the prescribed concentration in mixtures with other substances and meet the
the method of packaging products. The implementing legislation provides for
the concentration of dangerous substances in a mixture with other substances and packaging
products containing hazardous substances. ".
37. In section 23 paragraph 1 reads:
"(1) a natural or legal person who is treated with less dangerous
substances and exceeds the amount of less dangerous substances or
their determined concentration is required to report the data on production Office
and the transfer of less dangerous substances for the previous calendar year to 31.
January of the following year and the details of the projected production of less
dangerous substances for the following calendar year to 31 December each year.
in August of the current year. ".
38. In article 23, paragraph 2 shall be deleted.
The former paragraph 3 shall become paragraph 2.
39. In section 23 paragraph 2, the following paragraph 3 is added:
"(3) the detailed legislation lays down the quantities of less hazardous substances,
the concentration of less dangerous substances in a mixture with other substances and the contents of the
reporting in accordance with paragraphs 1 and 2. ".
40. section 24, including the title.
41. section 25 including title:
"section 25
The transfer of less dangerous substances from the territory of the Czech Republic
(1) when the transfer of less dangerous substances to States which are not members of the
The Convention is the natural or legal person shall be obliged to ensure that the Declaration
the recipient, who has to take these substances, that is not transferred to the next
the State and will be used only for the purposes set out in section 6.
(2) the Less dangerous substances, which do not exceed the prescribed concentration in
mixtures with other substances or meet the established way of packaging products,
can be transferred to the States that are not members of the Convention, without any obligation
ensure the recipient of the statement referred to in paragraph 1. The implementing legislation
sets out the concentration of less dangerous substances in a mixture with other substances and
packaging of products containing less hazardous substances. ".
42. In the third for title IV inserted in the head, including the
Title:
"HEAD IN THE
THE EVIDENCE PROVIDED FOR SUBSTANCES
§ 25a
(1) the holder of a licence, a natural or legal person who treated with
hazardous substances, and any natural or legal person who treated with
less hazardous substances, are required to
and keep a record set) of the substances in a written or electronic
the form,
(b)) available on request for inspection by the authority records,
(c)) when the management of substances to registration laid down without
undue delay to pass the Office.
(2) the content, method and form of keeping lays down detailed legal
prescription. ".
Current titles V and VI shall be renumbered title VI and VII.
43. In section 26 paragraph 1 reads:
"(1) a natural or legal person who produces in total in a calendar
year, more than 200 tonnes of certain organic chemicals, which
they are not laid down by the substances, or more than 30 tonnes of certain organic
the chemical, which is not provided for, but contains phosphorus, sulfur
or fluorine, is obliged to report this fact to the Office until 31 December 2006. January
the following year. ".
44. In section 26, the following paragraph 4 is added:
"(4) the detailed legislation lays down the contents of the report referred to in paragraphs 1 and
2. ".
45. section 27:
the "section 27
If the police of the Czech Republic, the military, the police or the prison service
The Czech Republic used in its chemical activities to ensure
public order and safety, are required to report the name of the used
chemical substances. These particulars and amendments in them shall be reported to the Office in 10 days
from the date when the formation or change of data. ".
46. In section 28 paragraph. 1, after the words "laid down", the words ",
that produces a certain organic chemicals ".
47. section 32 to 34, including headings and footnotes, no 6:
"Administrative delicts
§ 32
Misdemeanors
(1) a natural person has committed the offence by
and notifies the Police of the Czech Republic) award or reasonable suspicion on
find chemical weapons or equipment for the production of chemical weapons, or
find highly dangerous substances,
(b) the owner or holder) as a chemical weapons joined with this weapon
in the manner and within the time limit, the designated Office, or
(c) violate the ban) development, production, conversion, fitting or other acquisition and
possession of equipment for the production of chemical weapons, or the design,
the construction and the use of plants for the production of such weapons.
(2) for the offence referred to in paragraph 1 (b). and you can impose a fine to) 50 000
And for the offence referred to in paragraph 1 (b). (b)), and (c) a fine of up to 1 0000 0000)
CZK.
section 33
Administrative delicts of legal entities and natural persons-entrepreneurs
(1) Legal or natural person established by the administrative
tort by
and notifies the Police of the Czech Republic) award or reasonable suspicion on
find chemical weapons or equipment for the production of chemical weapons, or
find highly dangerous substances,
(b) the owner or holder) as a chemical weapons joined with this weapon
in the manner and within the time limit determined by the authority,
(c) violate the ban) development, production, conversion, fitting or other acquisition and
possession of equipment for the production of chemical weapons, or the design,
the construction and the use of plants for the production of such weapons,
(d)) shall be treated with highly hazardous substances without a licence granted by the authority,
(e)) as a person who disposes of hazardous substances, the notification fails to comply with
the obligation under section 20,
(f)) as a person who is treated with less hazardous substances, fail
the obligation under section 23, or
(g)) as the person who produces in total in a calendar year, more than 200
tonnes of certain organic chemicals, which are not laid down
substances, or more than 30 tonnes of certain organic chemicals, which
It is not fixed, but it contains phosphorus, sulfur or fluorine, fail
the obligation referred to in section 26.
(2) the licence holder has committed misconduct by
and does not allow the location of the control equipment) under section 16 (a). and)
(b)) fails to comply with the obligation under section 18, or
(c) requested a change of licence) under section 15, paragraph. 2.
(3) the holder of a license, the legal person or natural person-entrepreneur
that disposes of hazardous substances, or a legal person, or
entrepreneurial natural person who treated with less hazardous substances,
is guilty of misconduct, contrary to section 25a paragraph. 1 (a). and)
does not register the substances with which it is treated, in contravention of section 25a, paragraph. 1 (a). (b))
do not submit the Registration Authority for inspection, or in contravention of section 25a, paragraph. 1
(a). (c) does not pass the registration provided for Office) of the substances after the end of
loading.
(4) in the administrative offence is imposed
to 30 0000 0000 Czk), with respect to the administrative offence referred to in paragraph 1 (b). (d)),
(b)) to 1 0000 0000 CZK in the case of an administrative offence referred to in paragraph 1 (b). (b)) and
(c)),
(c)) to 500 000 CZK in the case of an administrative offence referred to in paragraph 2,
(d)) to 100 000 CZK in the case of an administrative offence referred to in paragraph 1 (b). (e))
(g)) and paragraph 3,
e) to 50 000 CZK in the case of an administrative offence referred to in paragraph 1 (b). and).
§ 34
Common provisions in administrative deliktům
(1) a legal person under the administrative tort does not match, if he proves that
made every effort, that it was possible to require that the infringement of the
a legal obligation.
(2) in determining the amount of the fine, the legal person shall take into account the seriousness of the
the administrative tort, in particular to the way a criminal offence, the circumstances in
which it was committed and its consequences.
(3) liability of legal persons for the administrative offence shall cease, if the
the administrative authority about him has commenced proceedings within three years from the date on which it
learned, but not later than within ten years from the day when it was committed.
(4) administrative offences under this law are heard at first instance
The Office.
(5) The liability for the acts, which took place in the business of physical
person ^ ^ ^ 6) or in direct connection with it, shall be subject to the provisions of this
the law on liability of legal persons and sanctions.
(6) the Fines collected and enforced by the Office of the Customs Office. Income from fines is tv
the State budget.
6) § 2 (2). 2 of the commercial code. ".
48. In article 35, paragraphs 1, 5, 8 and 9, including a footnote No 4
shall be deleted.
Paragraphs 2 to 4 shall be renumbered as paragraphs 1 to 3, the present
paragraphs 6 and 7 are renumbered as paragraphs 4 and 5.
49. In section 35, paragraph. 4, the words "import and export" shall be replaced by the word
"transfer" and the words "special law" shall be replaced by the words "special
^ 7) law ".
Footnote 7 is added:
"7) Act No. 38/1994 Coll., on foreign trade with military material
and Act No. 455/1991 Coll., on trades
(Trade Act), as amended, and Act No.
140/1961 Coll., the criminal code, as amended by later regulations, as amended by
amended.
Law No. 594/2004 Coll., which implements the scheme of the European communities
for the control of exports of dual-use goods and technologies. ".
50. In § 35 paragraph 5 is added:
"(5) the Office shall issue a decree for the implementation of section 6 (1). 2, § 7 (2). 2, § 9 (2).
3, section 18, section 20 (2). 3, section 22, paragraph. 2, section 23, paragraph. 3, § 25 paragraph. 2, § 25a
paragraph. 2 and § 26 paragraph. 4. ".
51. In article 35, the following paragraph 6 is added:
"(6) the authority and the Ministry of industry and trade shall provide data on
with the granting of licences and permits for specified substances. Each other
shall immediately inform about facts relevant to the granting of licences,
authorisation and monitoring of compliance with the Convention and this Act. ".
Article. (II)
Cancellation provisions
Decree No. 50/1997 Coll., implementing Act concerning certain measures
related to the prohibition of chemical weapons, is hereby repealed.
Article. (III)
The effectiveness of the
This law shall enter into force on 1 January 2005. July 2008.
Vaidya in the r.
Klaus r.
Topolanek in r.
