412/2004 Sb.
DECREE
of 23 December 2003. June 2004,
amending Decree No. 222/1995 Coll., on waterways, nautical
traffic in the ports, common crash and transport of dangerous goods
The Ministry of transport shall be determined according to § 52 of Act No. 114/1995 Coll., on
inland waterway, as amended by Act No. 359/1999 Coll. and Act No.
118/2004 Coll. (hereinafter the "Act"):
Article. (I)
Decree No. 222/1995 Coll., on waterways, shipping traffic in the
ports, common accident and transport of dangerous goods is amended
as follows:
1. In section 35 title:
"Transport of dangerous goods
(Section 36 (2) and § 36a para. 7 and 8 of the Act) ".
2. section 37 reads as follows:
"§ 37
(1) the Office may delegate activities related to
ensuring the training and testing of applicants for the issue of a certificate of professional
the eligibility of the safety adviser to the legal or natural person
According to § 36a para. 6 of the Act (hereinafter referred to as the "designated officer"), provided that the
and) has approved the detailed programme of the proposed designated person training
It is a condition of obtaining a certificate of professional competence of the safety
Consultant (hereinafter referred to as "training"), advanced lessons and stating the
the time schedule and planned teaching methods; in the framework of the training must be
its participants given sufficient information about the risks associated with
transport of dangerous goods, on legislation in the field of
inland waterway vessels and of the duties of a safety adviser, to the extent
the knowledge referred to in annex 3,
(b)) has approved the Commissionaire created a list of questions that are in the
the form of the test included in the test, which is a condition for obtaining
certificate of professional competence (hereinafter referred to as safety adviser
"the test"),
(c)) the designated officer will undertake to inform the Office on the
the time and venue of training and tests, so that the training and exams
representatives of the Office to attend,
(d)) the authorized person listing from commercial, trade, or the like
the register of another Member State of the European Union, which is not older than 3
month, showing that the business does not include activities related to the
loading, unloading or transport of dangerous goods by inland
waterways and natural persons who provide training for it,
have the requisite expertise referred to in paragraph 2,
(e)) has approved the proposed method of organization of Commissionaire tests that
in particular, ensures fairness of the tests, including the test procedure.
(2) the natural persons who carry out training, must have the professional knowledge of the
articles that provide information in the context of training, certified
practice in two years. Natural persons carrying out tests, must
have expertise in the range according to annex No 3 confirmed the practice in
duration of two years. ".
Footnote # 4 is deleted.
3. section 38, including the footnotes # 4:
"§ 38
(1) a certificate of professional competence, safety adviser (hereinafter referred to as
the "certificate") shall issue to the Office on the basis of the applications submitted by shipping
the Office. The request must contain the name, surname, home address, and the date and
place of birth of the applicant and shall be accompanied by proof of successfully carried out
the matriculation examination or other comparable test ^ 4), proof of
completion of training issued by the responsible person and the Protocol on the successful
the composition of the tests referred to in paragraphs 2 to 6.
(2) an exam organised by the designated officer. Office in writing his name and
Revokes a test Commission consisting of the persons authorized to
to perform tests in accordance with § 37 para. 2, which shall act by a majority of votes.
The applicant shall submit an application for issue of the certificate to the person in charge of the test. After
receipt of the application, the designated person shall inform the applicant of the date, place
the venue of the test and the amount of reimbursement of the costs per test, which the Tenderer shall pay the
before it takes place. Reimbursement of the costs for the tests is determined by purposefully
incurred costs associated with the Organization of the test.
(3) the Examination shall include a written test consisting of at least 20 questions at least
the extent of knowledge referred to in annex 3. In case of questions
several possible answers to these two questions are considered one
the question. Questions must be focused in particular on the general safeguard and
the security measures, the classification of dangerous goods, General requirements
on the packaging, labelling and safety signs, Essentials
the transport documents, handling the dangerous goods training
crew, boat Charter, the safety instructions and the technical requirements for
the vessel. Part of the exam is a written solution case studies in accordance
with the duties of a safety adviser. Written exam can be in
If necessary, additional knowledge of the applicant for the issue of certificates
supplemented by an oral examination. As part of the test is followed by
regulations approved by the Office, which shall publish nautical
The Ministry of transport (hereinafter referred to as "the Ministry") in the transport sector.
Examination regulations shall determine in particular the way the announcement of rehearsal dates
together with the time limits for the submission of applications for the individual terms of the venue
the tests, how to log on to the test and receiving applications for the test,
rules for the conduct of the test, including the participation of the persons concerned in the trial
the room during the tests, the whole test and evaluation method
cases where the written exam must be supplemented by an oral examination.
(4) the recognition of professional qualifications, or other fitness, which
nationals of the Member States have obtained in another Member State
The European Union, shall be treated by a special Act ^ 4).
(5) If the examination Board shall recognise professional qualifications only partially,
applicants may consist of differential test. For differential tests is not
the candidate tested of those areas in which he has been recognized by professional
qualification.
(6) the successful completion of the test, the designated officer shall issue to the applicant for the issue of
certificate Protocol, signed by all members of the Evaluation Commission. In the case that
the applicant for the test failed, the whole or part of the test, in which
He failed, retry only once, without passing the new training. For more
repeating the test is possible after completion of the new training.
(7) the certificate of a safety adviser, a specimen of which is given in annex No.
4, is valid for a period of 5 years from the date of issue. The period of validity of the certificate
extend Office about 5 years if the Security Advisor during
the last year before the expiry date of the certificate took part in training
in accordance with § 37 para. 1 (b). and successfully passed the exam) or the
the fact showed.
4) 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
amendments to certain laws (law on the recognition of professional qualifications). ".
4. section 38 shall be added to § 38a, including title and notes
line no. 5 and 6:
"§ 38a
Water transport account
(Section 37f (3) of the Act)
(1) water transport Account ("account") is established in the form of a specific
the current account, which records the Ministry of resources of the operators
separately on three separate sub-accounts: subaccount operators
carrying out the transport of dry goods, operators of the sub-account
engaged in the transport of liquid goods and subaccount operators
engaged in transport by tugs.
(2) income account are governed by the regulations of the European communities, which
Community policy in the field of capacity of inland
fleet and its recovery ^ 5).
(3) the funds from your account can be granted only on application,
that contains the following elements:
and the identification of the applicant) (the name or first and last name,
where appropriate, the business name, address, place of business and
identification number of the entrepreneurial natural person or company or
name, address and identification number of the legal entity),
b) vessel identification information (name of vessel, type of vessel,
the records indicate the identity of the owner of the vessel, instead of
registration and registration number),
(c) the amount of required scrap premium),
(d) the date of the scrapping of the vessel.)
(4) an application for the allocation of funds from the account must be accompanied by:
and the ship's certificate) valid at the time scrapping vessels,
b) proof that the vessel was scrapped breakage of the hull,
where appropriate, the destruction of the fuselage and the engine,
c) proof that the vessel carried out over 24 months
prior to the submission of the application at least ten voyages carrying
goods at a distance of 50 km at a cost of at least 70% of the capacity.
(5) if the Ministry Has reason to doubt that the technical and operational
vessels, the applicant is obliged on his call within the set
the deadline to submit a technical opinion also proving this
fitness, issued by a recognised classification organizations ^ 6).
(6) The provision of funds from an account is not a legal right.
5) of Council Regulation (EC) No 718/1999 of 29. March 1999 on the politics of aid
inland waterway transport in respect of the capacity of the Community fleet.
6) Decree No. 223/1995 Coll., on the eligibility of the vessels to operate on
inland waterways, as amended by Decree No 83/2000 Coll. ".
5. In annex 2 is deleted the "Note:" the European Agreement concerning the international
carriage of dangerous goods by road, the 1. part of Annex A for a detailed
list of dangerous goods is uveřejňován in the publications of SEVT ".
6. in annex No. 2, after the words "other dangerous substances and articles" is inserted
a new paragraph is added:
"Security Advisor may not be appointed for the transport of:
1. fuel, lubricants and other substances needed to operate
the vessel and placed in tanks and spaces,
2. dangerous goods in quantities not exceeding 3 000 kg, if
does not apply to:
and) substances and goods of class 1, and (c),
b) substances of class 2,
(c) substances of class 4.1) or 5.2,
d) substances of class 7,
e) substances which are transported in tanks,
f) substances in class 3,
g) substances class 4.2,
substances of class 4.3 in),
I) substances of class 5.1. ".
7. Annex 2 shall be added to annex No. 3 and no. 4, including
the headings and footnotes 7 and 8 are added:
"Appendix No. 3
Knowledge required for the issue of certificates of professional competence
safety adviser
I. General preventive and safety measures:
-knowledge of the consequences of accidents during the transport of dangerous goods,
-knowledge of the main causes of accidents.
II. Provisions of national law, legislation
Of the European Communities (EC) and international conventions and agreements, which are
apply to inland waterway transport, in particular, that:
1. the classification of dangerous goods:
-the procedures for the classification of solutions and mixtures,
-structure of the enumeration of the substances,
-classes of dangerous goods and principles for their classification,
-properties of the dangerous substances and articles transported,
-their physical, chemical and toxicological properties;
2. General packaging requirements, including tanks, tank-containers
etc:
-types of packaging, coding and marking,
-packaging requirements and prescriptions for testing packaging,
-the State of packaging and periodic checks;
3. the labelling of the hazards and safety signs:
-the data on safety signs,
-placing and removal of safety signs,
-labelling;
4. the elements of the transport documents:
-information in transport documents,
-sender's Declaration of conformity;
5. the method of consignment and restrictions on dispatch:
-celolodní cargo,
-transport of bulk and general cargo,
-transport in large bulk containers, cargo,
-transport in containers,
-transport in fixed and removable tanks;
6. carriage of passengers;
7. the prohibitions and precautions relating to the common
of loading;
8. the segregation of substances;
9. restrictions on the quantities carried and quantities exempt;
10. handling and stowage:
-loading and unloading (filling),
-storage and segregation;
11. cleaning and/or degassing before loading and after unloading;
12. crews: vocational training;
13. accompanying documents:
-the transport document,
-written instructions
-boat Charter including the certificate that the vessel is eligible for transport
of dangerous goods,
-certificate of training of the crew,
-other documents;
14. safety instructions: implementation of the instructions and protective equipment
crew;
15. the obligation of surveillance of vessels: anchoring and standing;
16. navigation rules and restrictions under special legislation ^ 7);
17. the escape of pollutants during operation and in cases of accidents, accident ^ 8);
18. the requirements relating to vessels.
7) Decree No. 344/1991 Coll. issuing the order of ferry safety
on the inland waterways of the Czech and Slovak Federal
Republic, as amended by Decree No. 223/1995 Sb.
Act No. 254/2001 Coll. on waters and on amendments to certain acts (the water
Act), as amended.
Decree No. 244/2002 Coll., on the establishment of water reservoirs and water courses, the
disabled sailing vessels with internal combustion engines, and the extent to
and terms of use surface water for navigation.
8) 40 of the Act No. 254/2001 Coll. and 41 of the Act No. 254/2001 Coll., as amended by
amended.
Annex No. 4
Model of the certificate
The EC certificate of training as safety adviser for the transport of eligibility
dangerous goods in inland waterway transport
Osvědčení č.: ..................................................................
The distinguishing sign of the Member State issuing the certificate:.....................
Příjmení: ......................................................................
Jméno (jména): .................................................................
Date and place of birth:......................................................
Nationality:............................................................
Podpis držitele: ...............................................................
Valid to..........................., in relation to operators flying
dangerous goods and persons carrying out related loading or unloading:
in inland waterway transport
Vydáno (kým): ..................................................................
Datum: .........................................................................
Podpis: ........................................................................
Prodlouženo do: ................................................................
Kým: ...........................................................................
Datum: .........................................................................
Podpis: ........................................................................ ".
Article II
This Decree shall take effect on the day of 2. in August 2004.
Minister:
Ing. Šimonovský in r.
