148/2010 Sb.
LAW
of 21 June 1999. April 2010,
amending Act No 156/2000, on the validation of firearms,
ammunition and pyrotechnical items and on the amendment of Act No 288/1995 Coll., on
firearms and ammunition (the Firearms Act), as amended by
Act No. 13/1998 Coll. and Act No 368/1992 Coll., on administrative
fees, as amended, as amended,
and some of the related laws
Parliament has passed the following Act of the United States:
PART THE FIRST
Amendment of the Act on the validation of firearms, ammunition and pyrotechnic
articles
Article. (I)
Act No 156/2000, on the validation of firearms, ammunition and
pyrotechnical items and on the amendment of Act No 288/1995 Coll., on fire
weapons and ammunition (the Firearms Act), as amended by Act No.
13/1998 Coll. and Act No 368/1992 Coll., on administrative fees, as amended by
amended, as amended by Act No 119/2002 Coll., Act No.
309/2002 Coll., Act No 227/2003 Coll., Act No. 444/2005 Coll., Act No.
36/2008 Coll. and Act No. 281/2009 Coll., is amended as follows:
1. in the introductory part of the provisions of paragraph 1, the words "this Act"
the words "the relevant provisions of the European communities incorporates and
following the directly applicable European Community regulation ^ 1) ".
Footnote 1:
"1) directive of the European Parliament and Council Regulation No 2007/23/EC of 23 December 2003.
May 2007 concerning the placing on the market of pyrotechnic articles.
European Parliament and Council Regulation (EC) no 765/2008 of 9 July.
July 2008 setting out the requirements for accreditation and supervision of
market related to the marketing of products and repealing Regulation
(EEC) No 339/93 (Text with EEA relevance) ".
2. In article 2 (2). 1 (b). and) the words ", provided for ammunition and
pyrotechnic articles "are replaced by the words" and provided for ammunition ".
3. In article 2 (2). 1 (b). (b)), the words ", an explosive subject" shall be deleted.
4. In article 2 (2). 1 c) to (e)):
"(c)) by the manufacturer, the one who proposes or produced controlled products or
pyrotechnic articles or major parts, or who gave such a
product design or produce, in order to bring it to market under the name
your business name, name, name and last name, trademark
or other distinctive mark; for the manufacturer of the controlled products
and the one who regulates these products,
(d) the importer of the products checked) the one who places on the market in the Czech
Republic, controlled products from abroad, including
Member States of the European Union, or the manufacturer, who shall represent the
not located on the territory of the Czech Republic,
e) distributor of one who, in the course of its business
controlled products and pyrotechnic products sold, sale
mediates or otherwise available on the market or provides
users ".
5. In article 2 (2). 1 letter h) is added:
"h) placing on the market
1. for each of the products checked in return for payment or a transfer or
offer to pass the product with a view to distribution or use, or
assignment of ownership of the controlled products by the manufacturer,
importer, distributor or opravcem in the Czech Republic,
2. in the case of pyrotechnic articles the first delivery or other disclosure
individual product available on the market of the European Union in return for payment or
free of charge, with a view to its distribution or use, ".
6. In paragraph 2, at the end of paragraph 1, the period is replaced by a comma and the following
the letter i), which read as follows:
"i) importer of pyrotechnic articles person established on the territory of the European
the Union, which in the course of its business for the first time gives
pyrotechnic articles from States which are not members of the European Union (hereinafter referred to
"third country") on the market of the European Union. ".
7. in section 2, paragraphs 4 and 5 are added:
"(4) pyrotechnic articles shall be regarded as products containing explosive
of the substance or the mixture of explosive substances which are not explosive, or military
the explosives, with the exception of black powder or Flash com, intended for
the production of heat, light, sound, gas, smoke or a combination of these
effects using the self-sustained exothermic chemical reactions.
Pyrotechnic articles are broken down into
a) Fireworks of category 1, 2, 3 and 4,
b) theatrical Fireworks category T1, T2, or
(c)) other pyrotechnic articles of category P1, P2.
(5) the Person with competence under this Act is a natural person
18 years or older who is the holder osvědčeníoodborné eligibility
the handling of pyrotechnic articles pursuant to this Act for the category
4, T2 and P2. ".
8. In paragraph 3 (b). (c)), after the words "controlled products", the words
"or pyrotechnic articles".
9. In paragraph 3 (b). (d)), after the words "controlled products", the words
"or pyrotechnic articles".
10. At the end of section 3, the dot replaces the comma and the following of the letter g)
that including footnote No. 5e is added:
"g) pyrotechnic articles intended for
1. marine equipment covered by a special law ^ 5e),
2. equipment intended for use in the aerospace,
3. percussion caps intended only to Toys falling within the
the scope of the special legislation concerning the safety of
toys.
5E) Government Regulation No. 266/2009 Coll., on technical requirements for
marine equipment. ".
11. In the heading of section 4, the word "technical" words "and
safety ".
12. in section 4, paragraph 1 reads:
"(1) the technical and safety requirements for controlled products (hereinafter
"technical requirements") shall be deemed to be met if the
These products when placed on the market and for their distribution and use
comply with the requirements provided for by specific legislation, or if the
such specific legal provisions exist, comply with the requirements laid down
Czech technical standards. These products must be able to perform
the function for which they are intended, and must not be subject to the conditions specified
manufacturer or importer endanger the health, life or property of their
users or the natural environment (hereinafter referred to as "safety"). ".
13. in paragraph 4, the following paragraph 4a is inserted:
"§ 4a
(1) the manufacturer may place on the market of pyrotechnic article if it meets the
the basic safety requirements laid down in the implementing regulation.
(2) If a pyrotechnic article complies with the relevant provisions of the
a) harmonised European standards, which is published in the official
Journal of the European Union,
b) harmonised the Czech technical standards transposing standard
(a)), or
c) foreign technical standards in the Member State of the European Union, which
adopts the standard under (a)),
that applies to the basic safety requirement is
It is considered that this basic safety requirement is met. It
does not apply, if the link from the official journal of the European Union withdrawn. ".
14. in the first section in the title of title II, the word "PRODUCTS"
the words "and PYROTECHNIC ARTICLES".
15. section 12 reads as follows:
"section 12
(1) verification of pyrotechnic articles shall be carried out in the form of assessment
of conformity.
(2) conformity assessment means the process by which consensus is assessed
the pyrotechnic article shall set out the essential safety
requirements for pyrotechnic articles. Where the procedure laid down in the
paragraph 3, that the pyrotechnic articles meet the specified base
safety requirements, the authority shall issue a certificate to the petitioner.
(3) to assess the conformity of pyrotechnic articles shall apply one of the following
procedures:
a) the EC type-examination (module B), the manufacturer of pyrotechnic
the product also chooses a match to type (module C) or quality assurance
production (module D) or the product quality assurance (module E)
b) the unit verification (module G), or
(c)) the full product quality assurance (module H) when it comes to entertainment
Fireworks of category 4. ".
16. section 13 reads as follows:
"section 13
(1) On trade fairs, exhibitions and demonstrations can be used to perform and
the use of pyrotechnic articles that do not meet the requirements laid down
This Act and its implementing legislation on pyrotechnic products
only if they are visibly and legibly marked, that carries
the name of the trade fair, exhibition or demonstration events and that informs
that the products do not comply with the requirements established by this Act and the implementing
legislation on pyrotechnic products and that they are not for sale until
manufacturer or importer will not be brought into compliance with these regulations.
(2) pyrotechnic articles manufactured for the purpose of research, development and testing
It is possible to use for these purposes, if the product is labelled with a
information that do not meet the requirements established by this Act, and
the implementing legislation on pyrotechnic products and that are intended
only for the purpose of research, development and testing. "
17. section 14 including the title reads as follows:
"section 14
Age restrictions
(1) pyrotechnic articles on the market cannot deliver or otherwise
provide persons who have not reached the age limit
and) 15 years, when it comes to fireworks of category 1,
(b)) 18 years of age, when it comes to fireworks of category 2,
c) 21 years of age, when it comes to fireworks of category 3
d) 21 years of age, as regards other pyrotechnic articles of category P1 or
the theatrical Fireworks category T1.
(2) the age limit referred to in paragraph 1 shall not apply to persons with a professional
a device, which can be one of the pyrotechnic articles even before the
the achievement of the stipulated age. ".
18. under section 14 shall be added to § 14a, which including the title and notes
line # 17 c and 17 d is added:
"§ 14a
The competence of the
(1) the competence required for category 4, P2, and T2.
(2) the applicant for obtaining the certificate of professional competence referred to in this
the law, a person must be 18 years or older. The applicant shall submit an application to the district
a motion for authority to the competent according to the place of residence. The request shall indicate
name or first and last name, maiden name, date and place of
of birth, address of permanent residence, proof of education, and about the
vocational training, address, employer, job title
and the type of work to be performed in the event that the applicant is an employee. The applicant
Additionally, submit a photo size 35 x 45 mm, proof of payment
administrative fee and proof of medical fitness. Condition
obtain a certificate of professional competence is the integrity of the applicant.
(3) for the eligible is not one who has a reduced
the ability to see, sense and motion to the safe handling of
pyrotechnic articles. Medical fitness of the applicant for obtaining
certificate of professional competence or of the holder of a certificate of professional
eligibility for the handling of pyrotechnic articles shall be evidenced by the medical
opinion ^ 17 c), which is not older than 90 days from the date of issue. For
the disabled eligible will not be considered, nor the applicant that, pursuant to decision
the Court is not fully competent to perform legal acts, as well as the one who
oblige medical examination and does not justify the medical report by the phrase
the second. Doctor posuzujícím medical fitness of the applicant for the certificate
or of the holder, unless the employee means a general practitioner,
in which the person concerned is registered, if such a doctor,
any other practitioner.
(4) For integrity is not the one who was convicted for
an offense committed in connection with the use or to the use of
explosive substances or pyrotechnic articles. In order to determine whether a person
satisfies the condition of integrity, district mining Office will require a statement of
criminal records under a special legal regulation ^ 1 7 d).
An application for a statement of convictions, and the extract from the register
Criminal record shall be transmitted in electronic form, in a manner
allowing remote access.
(5) after graduating from vocational training, culminating in a successful completion
test the district mining Office shall issue to the applicant a certificate of professional
with the period of validity of 5 years. Expert guarantors of training are
The Czech mining Office and the authority, which in cooperation approved professional refill
training and provide custom training. A member of the examination Committee must be
person in charge of the Office. The Chairman of the Commission, the person in charge of the Czech
Mining Authority.
(6) the district mining Office shall withdraw an issued certificate of professional competence,
If a person with competence no longer fulfils the conditions required
to obtain a certificate of professional competence referred to in paragraphs 2 to 4.
(7) in a period of 3 months before the expiry of a certificate of professional
the eligibility of the holder of this certificate may request the extension of the period
its validity. The application shall be accompanied by a new health
eligibility. On the basis of the request is obliged to submit to the
examination of the form of the written test within the scope of regulation
the Government. The examination and assessment of the written test performs a trial
the Commission, which shall transmit the written tests with their evaluation done
examining the district mining Office by location
residence of the applicant. The district mining Office in case of a positive result for
validity of the certificate shall be extended for another 5 years; in the case of a negative
the outcome will decide the validity of the certificate expires.
(8) persons with professional qualifications are required to report to the district
a motion for authority changes to the information in the certificate of professional competence in the
one month from the date on which the change occurred. The district mining Office leads in
the extent of its jurisdiction under paragraph 2 of the list of persons with professional
a device, a list of issued and revoked certificates. Central
registration of persons with professional qualifications and certificates issued and withdrawn
leads the Czech mining Office.
17 c) section 77 of Act No. 20/1966 Coll., on the health care of the people, as amended by
amended.
17 d) Act No. 266/1994 Coll., on criminal records, as amended
regulations. ".
19. in article 15, paragraph 2. 1, after the words "controlled product" the words
"or the pyrotechnic article".
20. In article 16(1). 1, point (d)) shall be deleted.
Subparagraph (e)), and (f)) shall become points (d) and (e)).)
21. in section 16(1). 3, the second sentence shall be deleted.
22. In article 16(1). 4 (b). a), the words "; in case of doubt "
shall be replaced by the word "and".
23. in article 16, the following paragraph 5 is added:
"(5) a person who is registered in the licence set out firearms, is obliged to
use or may be abandoned to use only such specified
a firearm or ammunition to such set that are marked
a valid test. ".
24. in article 16, the following new section 16a, which including the footnotes No.
18 d up to 18f:
"§ 16a
(1) the manufacturer of pyrotechnic products before placing on the market of the European Union
is obliged to
and include pyrotechnic articles into) categories according to how they
use or their purpose and level of hazard, including level
the noise and by the individual modules request the authority for an assessment of this
the classification,
(b)) to ensure conformity of pyrotechnic articles
(c)) to provide to the authority as a notified body for pyrotechnic articles
the assistance needed for the assessment of their conformity in their premises, and
devices,
(d)) to issue the EC declaration of conformity, if so provided by the Government, by regulation,
e) for pyrotechnic articles intended for use in vehicles to provide
users with professional qualification based on request safety data sheet
developed in accordance with the regulation directly applicable European
Community ^ 18 d) in a language that required; safety data sheet can be
provide in printed or electronic form according to the requirements of the person
which is intended,
(f)) to mark each pyrotechnic article expiry date, and after
carrying out an assessment of the conformity of the CE mark and another mark to
determined by the Government Regulation.
(2) pyrotechnic articles the manufacturer is also required to keep the
technical documentation and other documents provided for in each
conformity assessment procedures.
(3) the Distributor can supply of pyrotechnic articles or otherwise
make available only pyrotechnic articles tagged under this Act, and
the implementing legislation, which may not be exceeded their time
usability.
(4) upon importation from third countries of pyrotechnic articles is the importer
pyrotechnic articles must follow specific legal
^ Regulation 18e). As to the issue of import permits and made imports
the Ministry will provide the authority with the necessary information to the extent provided
special legislation ^ 18f).
(5) the manufacturer, importer or distributor of pyrotechnic articles may
the placing on the market or to supply the fireworks of category 4, theatre
Fireworks of category T2 and other pyrotechnic articles of category P2
only persons with competence.
(6) in the case of pyrotechnic articles the manufacturer is not established in
Member State of the European Union, the importer of pyrotechnic articles
the manufacturer's obligations under this Act of pyrotechnic articles.
18 d) Article. 31 of the European Parliament and Council Regulation (EC) No 1907/2006 of the
on 18 July 2005. December 2006 concerning the registration, evaluation, authorisation and restriction of
chemicals, establishing a European Chemicals Agency,
amending Directive 1999/45/EC and repealing Council Regulation (EEC) No 793/93,
Commission Regulation (EC) No 1488/94, Council Directive 76/769/EEC and the directives
The Commission no 91/155/EEC, 93/67/EEC, 93/105/EC and 2000/21/EC.
18e) Act No. 228/2005 Coll., on the control of trade in products that have
held in the Czech Republic restricts for security reasons, and amending
certain acts, as amended.
18F) section 12 of Act No. 228/2005 Coll. ".
25. in section 17(2). 3 at the end of the text of subparagraph (a)) the following words "or
pyrotechnic articles ".
26. in section 17(2). 3, letter e) including footnote # 19b is added:
"e) decide on the inclusion of the weapons or ammunition into a weapon category and up
D ^ 19b), where they receive a fixed or provided for firearm ammunition to
verification or, on request,
19b) § 3 (1). 1 Act No 119/2002 Coll. ".
27. in paragraph 17, the dot at the end of paragraph 3 is replaced by a comma and the following
the letters i) and (j)) are added:
"i) assesses the inclusion of pyrotechnic articles into categories within the
assessment of their conformity in accordance with section 12,
j) performs or provides training competent person and approved by the
textbooks and, in the case of pyrotechnic articles shall cooperate with authorities
the State Mining Administration. ".
28. in § 17 paragraph 2. 4 letters) to c) including footnote # 19e
shall be added:
"and information obligations) from an international treaty,
the Czech Republic is bound ^ 4),
(b)) in accordance with the law of the European Communities shall inform the 19e) ^ ^
The European Commission (hereinafter referred to as "the Commission") on the
1. procedures for granting permissions to a technically competent persons,
2. the activities in the area of market surveillance and
3. accidents caused by pyrotechnic products; to the development of
information about these accidents to the authority competent to provide annual reports
public authorities, in particular, public health authorities, authorities of the
Police of the Czech Republic, authorities of the fire brigade,
c) before authentication each provided for a firearm that is presented
to verify after repair or modification, assesses the technological process of repair
or modifications
19E) directive of the European Parliament and Council Regulation No 2007/23/EC ".
The existing footnote. 19e and 19f are referred to as comments below
line no 19f and 19 g, including references to footnotes.
29. in § 17 paragraph 2. 4 (b). (d)), f), and (j)), after the words "controlled
products ", the words" or pyrotechnic articles ".
30. In paragraph 17, the dot at the end of paragraph 4 is replaced by the word "and" and the following
the letter k), which read as follows:
"k) selects administrative fees and remuneration (section 15).".
31. in § 17 paragraph 5 including the footnotes no 19f and 19 is:
"(5) in the case of a finding of an infringement ^ 19f)
controlled person committed in the territory of the European Union or in another State
the stand of the European economic area and which harms or can
damage the common interest of consumers ^ 19), the decision of such
the hearing disabled.
19F) Article. 3 (b). b) European Parliament and Council Regulation (EC) No.
2006/2004 on cooperation between national authorities responsible for the
enforcement of consumer protection laws (the regulation on
cooperation in the field of consumer protection).
19 g) Article. 3 (b). k) European Parliament and Council Regulation (EC) No.
2006/2004. ";
32. In paragraph 17, at the end of paragraph 7, the words ", with the exception of
the information that must be disclosed in order to protect the safety and
to ensure effective control of the market and the activities of the Office as an institution
surveillance ".
33. In paragraph 17, the following paragraph 8 to 10 are added:
"(8) the authority shall act as a notified body in accordance with the relevant
Regulation of the European communities ^ 19e) for pyrotechnic articles,
that fulfils the criteria laid down in the annex to this Act.
(9) the authority shall submit to the Ministry once a year a report on the compliance with the criteria
set out in the annex to this Act. The Ministry is authorised to
perform a check in order to verify the fulfilment of these criteria.
(10) if the Ministry on the basis of the inspection, the authority does not comply with
criteria referred to in the annex to this law, shall decide on the transition implementation
the rights and obligations of the notified body to the Ministry. In such a
the case of the Ministry to ensure the fulfilment of rights and obligations
of the notified body to conclude a public service contract with a person who is
technically competent to perform the conformity assessment. ".
34. In the heading of section 18, after the words "controlled products", the words
"and pyrotechnic articles".
35. In section 18 para. 1 the introductory part, the words ' the provisions of the controlled
products ", the words" or pyrotechnic articles ".
36. In section 18 para. 1 letter d) is added:
"(d)) the type of activities required under section 6 (1). 1, § 7, 8, 10, 11, or
12. ".
37. In section 18 para. 5, after the words "controlled products", the words
"or pyrotechnic articles".
38. In section 19 (1):
"(1) products that meet specified technical requirements
and have been verified by the authority, shall be marked by the examination of marks which
graphic design, design and location provides Ministry decree.
The Ministry also will publish a decree graphics test
brands of firearms and ammunition used in the Contracting States. ".
39. section 20 including the title reads as follows:
"section 20
Review
(1) the checking of compliance with the obligations laid down by this act performed
the authority and the Authority's inspectors credentials who demonstrate business
ID cards. The pattern of this licence sets out the Ministry decree. Review
shall be carried out without prior notice.
(2) the Office shall be carried out in the case of cross-border cooperation and supervision
in doing so, according to the relevant legislation of the European communities) and in the 19 d ^ ^
the extent of its material scope under special legislation.
(3) inspectors of the Office shall be entitled to
and in the exercise of control) to enter into objects and premises controlled
people, in which the activities are carried out in the field of controlled
products or pyrotechnic articles, in accordance with the safety
regulations,
(b) verify the identity of persons) and also the identity of the natural
people that when you check the controlled person, represent and permissions
These people to represent,
(c)) to request from the controlled persons necessary documents, provide
truthful and complete information, and written or oral explanations,
(d)) take samples to check for the replacement of the products checked or
pyrotechnic articles to the assessment of the conformity of these products with the requirements of
the Act and the implementing legislation.
(4) in the samples taken with the controlled person will provide, not later than 90
days after the examination by the Office refund equal to the price at which the product is in
the time of sampling. Compensation shall not be granted if the
controlled person gives up, or if the sample is returned in good
State. There is no entitlement to a refund in respect of a controlled product, or
pyrotechnic article which does not meet the technical requirements laid down;
the costs of the assessment of conformity to product requirements were removed.
the Law Office is entitled to request only if the assessment of the
found that the product does not meet the requirements of this Act. ".
40. under section 20, the following new section 20a to 20 c, including title and
footnotes # 20a, 20b & 20 c shall be added:
"section 20a
(1) if the Office of the Inspector has reasonable grounds to suspect that a controlled product
or pyrotechnic article does not meet the requirements of this law, it disables the
its placing on the market or supply for a period required to carry out
checks.
(2) the Inspector of the authority on the basis of the checks carried out to further their disables
remedies placing on the market or to supply controlled goods or
pyrotechnic articles which do not meet the requirements of the law or special
^ law 20a). These measures shall be notified to the person controlled by word of mouth and
shall immediately make a written record of it in the control log ^ 20b).
(3) if the controlled person with the stored measures, against
subject to the objections which shall be included in the inspection log, or is
may submit in writing to the authority within 10 days from the date of introduction to
measures. Lodged objections do not have suspensory effect. The President of the Office
decide on the objection without undue delay, but not later than within 5
working days, and his decision is final. A written copy
the decision on the objection shall be delivered to the controlled person.
section 20b
(1) if the controlled product or pyrotechnic articles
do not meet the conditions for the placing on the market or immediately endanger the
safety, the Office shall decide on the prohibition of other distribution of controlled
products or pyrotechnic articles.
(2) if the controlled product or pyrotechnic products have
a technical defect and proven to endanger the health or safety, Office of
shall decide on the withdrawal of these products from the market; an appeal against the
This decision does not have suspensory effect.
(3) the authority may, if it is necessary to ensure safety at the same time
decide on the destruction of the product or batch of products or other form of
depreciation; an appeal against this decision does not have suspensory
effect.
(4) the authority shall inform in good time and in an appropriate manner persons who
may be exposed to serious risk induced by controlling the product
or bomb the product about this risk.
§ 20 c
The obligation of notification
(1) the authority is obliged to notify the Ministry of the adoption of measures relating to
a controlled product or of the pyrotechnic article in cases where the
a product represents a serious risk. It is also obliged to notify the occurrence of
the pyrotechnic article provided with the CE marking, which can compromise the
health and safety of people even though it is used in accordance with the specified
the purpose of.
(2) the information provided by the Ministry must include all information
necessary for the identification of a controlled product or a pyrotechnic
the product, its origin, supply chain risk, which
a controlled product, the nature and duration of the measures adopted by the
the Office and also information about voluntary measures taken by the controlled
person.
(3) If the risk may exceed the territory of the Czech Republic is the Ministry of
obliged to inform about the occurrence of such a product to the Commission.
(4) if the Department receives information from the Commission concerning the adoption of measures against
the product or to the controlled product or their pyrotechnickému series
representing a serious risk, it shall transmit this information without undue delay
the authority to proceed.
(5) to ensure the functioning of the system for the exchange of information under paragraphs 1 to
4 shall apply by analogy the legislation governing the procedure, the content and form of
information on the occurrence of dangerous non-food products ^ 20 c).
20A), for example, Act No. 634/1992 Coll., as amended.
20b) Act No. 553/1991 Coll. on State control, as amended
regulations.
20 c) of Decree-Law No 396/2004 Coll., on the procedures, the content and form of
information on the occurrence of dangerous non-food products. ".
41. In article 21, paragraph 1 shall be deleted.
Paragraphs 2 to 5 shall be renumbered 1 to 4.
42. In paragraph 21 of the paragraph. 4, the words "§ 20 para. 4 "shall be replaced by" section 20a para.
2. "
43. In paragraph 21, the following paragraphs 5 and 6 are added:
"(5) on receipt of a request for verification of controlled products pursuant to section 6,
9 or 12, the Office shall inform the applicant authentication requirements under this
the Act and the implementing legislation, without undue delay, and
not later than 90 days shall issue a certificate or a decision according to the nature of things.
In justified cases, the Office will extend these deadlines.
(6) if the Office finds that the controlled person fulfils the conditions referred to in
certificate, decides to withdraw it. ".
44. section 22, including the title reads as follows:
"§ 22
Misdemeanors
(1) a natural person has committed the offence as competent
a person does not report the contrary to § 14a para. 8 the Office of the district mining Office changes
the information in the certificate of professional competence within the prescribed period.
(2) for the offense can impose a fine of up to CZK 5,000.
(3) in block management can impose a fine of up to $ 200. The fine in block
control stores the Inspector Office. ".
45. under section 22 the following is added to section 22a and 22b, which including headings and
footnotes # 23 and 24 are added:
"§ 22a
Administrative offences of legal persons and natural persons-entrepreneurs
(1) a controlled person is guilty of an administrative offense, by
and unduly used marker), a certificate or other document
issued by the authority under this Act,
(b)) to market or distribute a controlled product which does not meet the
set out the technical requirements referred to in section 4, paragraph 4. 1,
(c) fails to comply with the measures referred to in §) 20a para. 2,
d) showing off or used at trade fairs, exhibitions and demonstrations
the actions of pyrotechnic articles in violation of § 13 para. 1,
e) uses a pyrotechnic articles manufactured for the purpose of research, development and
testing in violation of § 13 para. 2, or
f) supplied or otherwise provides to pyrotechnic articles to persons who
they have not reached the age limit in accordance with § 14.
(2) the manufacturer, importer or exporter is committing an administrative offense, by
and) to market or to export the controlled product in violation of § 16 para.
1 (b). and)
(b)) does not mark at least one of the major parts of a firearm under section 16 of the
paragraph. 1 (b). (b)),
c) contrary to section 16 para. 1 (b). (c)) does not mark the outer side of the smallest
consumer packaging provided for ammunition testing the mark referred to in
certificate or does not ensure production control to determine whether they are in
the production complied with the technical requirements laid down or does not
Register,
(d)) would not leave the main part of the weapon, which is made of metal, soft
a place for the plunging of the relevant test marks according to § 16 para. 1 (b).
(d)),
(e)) does not inform the Office of any changes in the manufacture of controlled products pursuant to §
Article 16(1). 1 (b). (e)), or
f) launches a pyrotechnic article which does not meet the basic
safety requirements for pyrotechnic articles prescribed by regulation
the Government, contrary to section 4A(1). 1.
(3) the manufacturer, importer or distributor of pyrotechnic articles shall
committed an administrative offence, contrary to section 16a para. 5 adds or
otherwise, shall make available to a person without competence Fireworks
category 4 Fireworks, category T2 theatrical or other
pyrotechnic articles of category P2.
(4) the manufacturer is guilty of an administrative offense by neopatří controlled
product information according to § 16 para. 2 (a). and).
(5) a producer or importer placed on the market of pyrotechnic articles shall
committing an administrative offense that fails to meet any of the requirements under section
16A para. 1 or 2.
(6) the Distributor commits an administrative offense by that, contrary to section 16 of the
paragraph. 3 launches a controlled product that is not labeled test
mark.
(7) the Distributor of pyrotechnic articles is guilty of an administrative offense
the fact that contrary to section 16a para. 3 will deliver or otherwise make available
pyrotechnic article, which is not marked in accordance with this Act and the
implementing legislation, or pyrotechnic article, for which
the period of its application has been exceeded.
(8) the Repairer to whom the arms licence has been issued under a special
law, is guilty of an administrative offense, by
and) contrary to section 16 para. 4 (b). and does not repair or adjustment)
firearms so as to comply with the set of technical requirements, or
do not submit to the Office in writing how to repair or adjustment, or
(b) does not submit a revised authentication) a firearm which has been
replacement of some of the main sections according to § 16 para. 4 (b). (b)).
(9) an administrative offense shall be fined in the
and 5 000 000 Czk), in the case of an administrative offence referred to in paragraph 1 (b). a) to
(c)), paragraph 2. a) to (d)), and (f)), paragraph 6 or 7,
(b)) 1 000 000 CZK in the case of an administrative offence under paragraphs 3 to 5,
c) 500 000 CZK in the case of an administrative offence referred to in paragraph 1 (b). d) to (f)),
paragraph 2 (a). (e)), or to paragraph 8.
section 22b
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 in particular of the
the severity of the administrative offense, the way a criminal offence and its consequences
and the circumstances under which it was committed.
(3) the liability of a legal person for an administrative offense shall cease, if the
the administrative authority has commenced proceedings about him within 2 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 Office.
(5) The liability for the acts, which took place in the business
person ^ 23) or in direct connection with the applicable provisions of the Act
on the liability of legal persons and sanctions.
(6) the Proceeds of the fines is the State budget revenue. Fines collected and
the recovery of the Customs authorities pursuant to special legal regulation ^ 24), with the exception of
the fines imposed in block management.
23) § 2 (2). 2 of the commercial code.
24) Act No. 337/1992 Coll., on administration of taxes and fees, as amended by
amended. ".
46. In paragraph 24, the words "§ 13 para. 1 (b). (c)), "be deleted.
47. In paragraph 24 of the present text shall become paragraph 1 and the following
paragraphs 2 and 3 shall be added:
"(2) the Government shall determine by regulation
and basic safety requirements) pyrotechnic articles, which must
These products must meet in order to be placed on the market,
(b) details of the treatment) pyrotechnic articles.
(3) Further Government Regulation
and) the species and categories of pyrotechnic products placed on the market,
the breakdown of the various assessment procedures and their conformity with the essential
safety requirements,
(b)) the way the procurement of the CE marking of pyrotechnic articles and other
markings depending on the type and category of pyrotechnic articles
including the method of labelling of pyrotechnic articles for use in the
vehicles,
(c)) the requirements for education of persons with competence, form,
the content and scope of vocational training, the Organization of teaching, examination rules and
the method of issuing, registering and removing certificates of professional
eligibility,
(d) conformity assessment procedure) pyrotechnic articles with the requirements
This Act before placing them on the market. ".
48. the following annex is added:
"Appendix to Act No. 156/2000 Sb.
The minimum criteria which fulfils the notified body for the pyrotechnic
products
1. The body, its Director and the staff responsible for carrying out verification
shall not be the designer, manufacturer, supplier, or
importers of pyrotechnic devices which they inspect, nor the
the authorised representative of any of those parties. They shall not become either involved
directly or as authorised representatives in the design, manufacture, placing on the market,
maintenance or import these products. However, this does not preclude the possibility of exchanges of
technical information between the manufacturer and the body.
2. the body and its staff shall carry out the verification at the highest level
of professional integrity and technical competence and must be
exposed to pressures and inducements, particularly financial, which might
affect their judgment or the results of the inspection, especially from
persons or groups of persons on the results of the verification
with an interest.
3. the body must have at its disposal the necessary staff and possess the necessary
facilities to enable it to perform properly the administrative and technical tasks connected with
authentication. It must also have access to the equipment required for the
special authentication.
4. The staff responsible for inspection must have
a) sound technical and vocational training,
b) satisfactory knowledge of the requirements and the corresponding inspections
experience of such tests,
(c)) ability to draw up certificates, records and reports required to
proof of inspections carried out.
5. Must be guaranteed the impartiality of inspection.
Their remuneration must not depend on the number of tests carried out or on the
the results of these tests.
6. the body shall take out liability insurance unless liability
is assumed by the State in accordance with national law, or
It is not directly responsible for the Member State itself.
7. the staff of the body must observe professional confidentiality about all information gained
in carrying out its tasks (with the exception of the competent administrative authorities of the
the State where they perform those activities) in pursuance of this Act. "
Article. (II)
Transitional provisions
1. Pyrotechnic Articles for the entertainment purposes of classes I and II may be placed on
the market under the current rules, but not later than within 3. July 2013,
and even if it has been issued a certificate of type test.
Pyrotechnic articles for the entertainment purposes of classes III and IV and pyrotechnic
products for technical purposes subclasses T0, T1 and T2 can be placed on the market in accordance with
the existing rules, but not later than within 3. July 2016, even
If a certificate was issued for a type-test.
2. verification of pyrotechnic articles, begun before the date of the acquisition of
the effectiveness of this law shall be completed in accordance with the existing legislation.
3. Pyrotechnic Articles marked with the test marks according to present
the legislation shall be deemed certified under the Act No 156/2000 Coll.
in the version in force from the date of entry into force of this Act.
4. the procedure for fines initiated before the date of entry into force of this Act
the current completes the legislation.
PART TWO
Amendment of the Act on weapons
Article. (III)
Act No 119/2002 Coll., on firearms and ammunition and on the amendment of the law
No 156/2000, on the validation of firearms, ammunition and
pyrotechnical items and on the amendment of Act No 288/1995 Coll., on fire
weapons and ammunition (the Firearms Act), as amended by Act No.
13/1998 Coll. and Act No 368/1992 Coll., on administrative fees, as amended by
amended, and Act No. 455/1991 Coll., on trades
business (Trade Act), as amended, (the Act on
weapons), as amended by Act No. 320/2002 Coll., Act No 227/2003 Coll.
Act No. 228/2003 Coll., Act No. 537/2004 Coll., Act No. 361/2005 Coll.
Act No 444/2005 Coll., Act No. 309/2006 Coll., Act No. 170/2007 Coll.
Act No. 124/2008 Coll., Act No. 189/2008 Coll., Act No. 274/2008 Coll.,
Act No. 484/2008 Coll., Act No. 41/2009 Coll., Act No. 227/2009 Coll., and
Act No. 281/2009 Coll., is amended as follows:
1. in section 29 para. 1, the following point (e)) the following new subparagraph (f)), which read as follows:
"(f)) was formed when the appropriate service when checking for weapons the police reasonable grounds for
suspected bad technical condition of the weapon, the weapon on the challenge to present
the competent Department of the police to check the Czech Office for testing
weapons and ammunition, and within 20 working days from the date of notification
This challenges ".
Subparagraph (f)) and m) are known as the letters g) to (n)).
2. In § 39 para. 1, letter h) the following new subparagraph (i)), which read as follows:
"i) was formed when the appropriate service when checking for weapons the police reasonable grounds for
suspected bad technical condition of the weapon, the weapon on the challenge to present
the competent Department of the police to check the Czech Office for testing
weapons and ammunition, and within 20 working days from the date of notification
This challenges ".
Letters i) to o) shall become letters (j)) to (p)).
3. In § 39 para. 5, the words "(a). k) and (l)) "shall be replaced by" subparagraph (a). l) and
m) ".
4. In § 39 para. 6, the words "(a). and), (c)), i) and (l)) "shall be replaced by
"(b). and), (c)), j) and (m)) ".
5. In § 41 para. 4 the first sentence after the word "register" the words
"or control".
6. In section 103 paragraph. 3, the words "paragraph. 2 to 7 "shall be deleted.
7. in section 103 paragraph. 8 for the letter a) the following new subparagraph (b)), which read as follows:
"(b) does not submit to the prompt, competent) police under section 29 para. 1
(a). (f) A category A) weapon (B) or (C) that reasonable suspicion was
the bad technical condition to check for the Czech Office for the testing of weapons
and ammunition within the specified period ".
Subparagraph (b)) to (f)) shall become point (c)) to (g)).
8. In section 103 paragraph. 8 (a). (c)), the words "(a). I) "are replaced by the words" (a).
(j)) ".
9. in section 103 paragraph. 8 (a). (d)), the words "(a). (j)) "shall be replaced by" subparagraph (a).
k) ".
10. In section 103 paragraph. 15 (b). and the words "(a)). (f)) "shall be replaced by
"(b). (g)). "
11. in section 103 paragraph. 15 (b). (c)), the words "(a). a) to (e)) "shall be replaced by
"(b). a) to (f)) ".
12. in section 76 d of paragraph 1. 1 (b). (g)), the words "(a). I) "are replaced by the words" (a).
(j)) ".
13. in section 76 d of paragraph 1. 1 (b). (h)), the words "(a). (j)) "shall be replaced by" subparagraph (a).
k) ".
14. in section 76 d of paragraph 1. 1 (b). I), the words "(a). k) "are replaced by the words" (a).
l) ".
15. in section 76 d of paragraph 1. 1 (b). (j)), the words "(a). l) "are replaced by the words" (a).
m) ".
16. in section 76 d of paragraph 1. 1 (b). l) the words "(a). m) "are replaced by the words" (a).
n) ".
17. in § 76 d of paragraph 1. 1 (b). m), the words "(a). n) "are replaced by the words" (a).
about) ".
18. in section 76 d of paragraph 1. 1 (b). n), the words "(a). about) "shall be replaced by the words" (a).
p) ".
19. in § 76 d of paragraph 1. 1 at the end of the letter o), the word "or" shall be deleted,
the end of the letter p), the dot is replaced by a comma and the following letters q) and
r) are added:
"q) do not submit to the challenge of the competent Department of the police under section 39 paragraph 2. 1
(a). h) arms licence and weapon or ammunition, including
supporting documents for review, or
r) do not submit to the challenge of the competent Department of the police under section 39 paragraph 2. 1
(a). I) weapon category A, B or C, for which reasonable suspicion
the bad technical condition to check for the Czech Office for the testing of weapons
and ammunition within a specified period. “.
20. In § 76 d of paragraph 1. 10 (b)):
"(b)) 500 000 CZK in the case of an administrative offence referred to in paragraph 1 (b). and), (c)),
(e)), g), (h)), j), k), (l)), p), q) or r), paragraph 2 (a). (c)), paragraph 3
(a). (b)), paragraphs 4, 5 or 6, paragraph 7 (b). d), (e)), or (h)). ".
PART THREE
Amendment of the Act on administrative fees
Article. (IV)
The annex to the Act No 634/2004 Coll., on administrative fees, as amended by
Act No. 217/2005 Coll., Act No. 228/2005 Coll., Act No. 357/2005 Coll.
Act No. 361/2005 Coll., Act No 444/2005 Coll., Act No. 545/2005 Coll.
Act No. 553/2005 Coll., Act No. 48/2006 Coll., Act No. 56/2006 Coll.
Act No. 57/2006 Coll., Act No. 81/2006 Coll., Act No. 109/2006 Coll.
Act No. 112/2006 Coll., Act No. 130/2006 Coll., Act No. 135/2006 Coll.
Act No. 137/2006 Coll., Act No. 159/2006 Coll., Act No. 179/2006 Coll.
Act No. 186/2006 Coll., Act No 215/2006 Coll., Act No. 227/2006 Coll.
Act No 227/2006 Coll., Act No. 235/2006 Coll., Act No. 309/2006 Coll.
law no 575/2006 Coll., Act No. 106/2007 Coll., Act No. 261/2007 Coll.
Act No. 269/2007 Coll., Act No. 374/2007 Coll., Act No. 379/2007 Coll.
Act No. 38/2008 Coll., Act No. 130/2008 Coll., Act No. 140/2008 Coll.,
Act No. 182/2008 Coll., Act No. 189/2008 Coll., Act No. 230/2008 Coll.,
Act No. 239/2008 Coll., Act No. 254/2008 Coll., Act No. 297/2008 Coll.,
Act No. 297/2008 Coll., Act No. 301/2008 Coll., Act No. 309/2008 Coll.,
Act No 312/2008 Coll., Act No. 382/2008 Coll., Act No. 9/2009 Coll.,
Act No. 41/2009 Coll., Act No. 141/2009 Coll., Act No. 197/2009 Coll.,
Act No. 207/2009 Coll., Act No. 227/2009 Coll., Act No. 281/2009 Coll.,
Act No. 291/2009 Coll., Act No. 301/2009 Coll., Act No. 346/2009 Sb.
and Act No 420/2009 Coll., is amended as follows:
1. In part II, item 32) point (g), the following text at the end of the text
"or certificate of conformity assessment".
2. In part II, item 32 (h)), the words "for a type-test
the pyrotechnic article "shall be replaced by" decision on the confirmation of
the validity of the certificate of conformity of the pyrotechnic article ".
3. in part IV, item 60, point 1, point (c)):
"(c)) the authorisation to acquire, transfer, import, export or transit
$ 500 "explosives.
PART FOUR
The EFFECTIVENESS of the
Article. In
This Act shall take effect on the first day of the second calendar month
following its publication.
Vaidya in the r.
Klaus r.
Fischer v. r.
