118/2004 Sb.
LAW
of 20 December. February 2004,
amending Act No. 117/1995 Coll., on inland navigation, as amended by
amended
Parliament has passed the following Act of the United States:
Article. (I)
Act No. 114/1995 Coll. on inland navigation, as amended by Act No.
363/1999 Coll., Act No. 254/2001 Coll., Act No. 309/2002 Coll. and act
No. 320/2002 Coll., is amended as follows:
1. In article 3, paragraph 3. 4, the following point (c)), which read as follows:
"(c)) the water flow of the Morava from the mouth of the water flow after the junction with the Bečva water
Dyje flow, including Canal Otrokovice-Rohatec. ".
2. in article 3, the following paragraph 3a is inserted:
' section 3a
Development and modernization of the waterway as defined by the Elbe River watercourse
km 129.1 (Pardubice), on the border with the Federal Republic of Germany
and water flow of the Vltava River from RKM 91.5 (score from 19 reviews), including
channel Vraňany-Hořín after the confluence with the Elbe water including výústní
part of the water flow of the Berounka river after the port of Radotín, is in the public interest.
3. § 36 including the title reads as follows:
"§ 36
Transport of dangerous goods
(1) the dangerous goods are articles and substances, for which the nature,
property or status may be in connection with the transport of compromised
the safety of persons, animals and things, or threatened by the environment.
(2) inland waterways transport is permitted only
dangerous goods laid down by the implementing regulation, and to
with the permission of the authority, and provided that, in the context of the
their carriage will not endanger the safety of persons, animals and things, or
will not be threatened by the environment. Requirements for an application for authorisation and the
other terms of the transport of dangerous goods, for which you can enable
grant, lays down the law.
(3) the Office shall permit issued pursuant to paragraph 2
inform regional authorities, whose administrative circuit will transport
dangerous goods carried out, and the appropriate administrator to waterways.
(4) the operator of a water transport is entitled to apply to the carriage of
of dangerous goods by vessels that are only eligible for this transport
According to the conditions laid down in the implementing regulation.
(5) the sender is obliged to mark the dangerous goods and the concomitant
attach documents to their characteristics, the nature of the hazard and measures for
in case of emergency.
(6) in the personal water transport is authorized to be transported as passengers
baggage dangerous goods only to the extent and under the conditions laid down by
contractual conditions of transport. ".
4. under section 36 shall be inserted a new section 36a, including title and notes
line no. 7a) is inserted:
"§ 36a
Safety advisers for the transport of dangerous goods
(1) any natural or legal person carrying out activities associated with the
loading, unloading or transport of dangerous goods by inland
waterways is required to appoint safety advisers for the
transport of dangerous goods (hereinafter referred to as "Security Advisor").
(2) the main task of the safety adviser, while maintaining
responsibility of the person referred to in paragraph 1, to seek by all appropriate means
and measures to facilitate the transport of dangerous goods in accordance with
the rules in force, about what the best security conditions for this transport.
(3) Other tasks of the safety adviser in relation to the person under the
paragraph 1 shall, in particular,
and) to monitor the compliance for the transport of dangerous goods,
(b) provide recommendations to the) transport of dangerous goods,
(c) draw up an annual report on) activities in the transport of dangerous
things; These annual reports must be kept for a period of 5 years and shall be
presented at the request of the competent national authority,
(d)) to monitor the procedures for compliance with the rules relating to the identification of the
the transported dangerous goods,
(e)) to monitor the acquisition of means of transport for the transport of dangerous
things and substances with regard to specific requirements which must be fulfilled,
(f) monitor the performance of control device) used in the transport, loading
or unloading of dangerous goods,
g) to see whether they are properly trained employees, whether they are about this
training records kept in their folder, and whether they are available for detailed
operational procedures and instructions,
(h)) to monitor the application of appropriate emergency procedures in the event of any
accident or incident that may adversely affect the
the safety of the transport, loading or unloading of dangerous goods,
I) save serious accidents, incidents or serious disruptive interventions to
during the transport, loading or unloading of dangerous goods, and
the establishment of these
j) apply appropriate measures to prevent the recurrence of accidents, emergency
events or serious disturbances
to take account of the legislation and) specific requirements associated with the transport
dangerous goods in the choice and use of sub-contractors or third-
the parties,
l) to ensure that during the transport available to the accompanying documents, and
safety equipment in accordance with the law.
(4) safety adviser is a natural person who is the holder of
valid certificate of professional competence of a safety adviser.
As a condition of obtaining a certificate is training and pass the examination.
Certificate of professional competence issued navigational safety adviser
the Office.
(5) the Office keeps records of applications for the issue of a certificate of professional
the eligibility of the safety adviser and registration of physical persons to whom
This certificate is issued. The processing of personal data is governed by special
legislation. ^ 7a)
(6) the Office may, on request, after completion of the selection
grant control to a legal person with a registered office or with the organizational component of the
the territory of the Czech Republic or a natural person residing or
business on the territory of the United States permission to activities related to
ensuring the training and testing of applicants for the issue of a certificate of professional
the eligibility of a safety adviser. Permissions can grant ferry
authority to the person who proves
and their independence in security) consultants or persons
employing security consultant,
(b) to ensure equal access) the eligibility of applicants to be tested,
(c)) the competence of individuals to carry out training and testing
of the applicants.
Authorisation shall be granted for a fixed period, but no longer than for a period of 5 years, and
It lays down the conditions for the exercise of the activity. Before the expiration of
the permission can ferry authority at the request of the holder of the validity of the
to extend the permissions, but no longer than for a period of 5 years. Ferry Office may
to remove permissions, if the holder does not comply with the conditions in it
laid down.
(7) the conditions for the provisions of the safety adviser, obtaining the certificate of
professional competence of the safety advisers and the conditions under which it can be
other persons to entrust the performance of activities related to ensuring the
training and examinations of applicants for issue of a certificate of professional competence
safety adviser, lays down the law.
(8) the requirements for an application for permission to the activities referred to in paragraph 4
and requirements to the professional knowledge of the natural persons who carry out training
and testing of applicants for issue of a certificate of professional competence
safety adviser, lays down the law.
7A) Act No. 101/2000 Coll., on the protection of personal data and on amendments to certain
laws, as amended. ".
5. in part VI Part VII shall be inserted, including the title and notes
footnote No. 8a) up to 8 c) is added:
"PART VII
WATER TRANSPORT MARKET REGULATION
§ 37a
(1) Department of transportation
and the development of the menu) checks the capacity of vessels intended for the carriage
the cost of water transport registered in the shipping register,
(b)) evaluates the intensity of water transport in relation to the capacity of the vessels,
throughput and the State of the waterways,
(c) whether the development of) monitors the supply of capacity of the vessels and the intensity of the water
transport does not lead to serious disruption of the financial management of the operators
water transport.
(2) Water Transport Operators provide the Ministry of transport in
the months of January and July each year, a statement of the total
the results for the previous period in connection with the operation
water transport.
§ 37b
The provisions of § 37a does not apply to the capacity of the vessels
and operated exclusively on water) way unconnected with the waterways
another Member State of the European communities,
b) intended to push-drive to 300 kW,
(c)) that are operated for the purpose of the non-profit public transport,
(d)) whose load capacity is less than 450 tonnes,
(e)) which have the character of floating equipment or floating device, or
floating solids, or
f) Manager waterways.
§ 37 c
Water transport market failure occurs if the
and supply capacity of vessels) exceeds at least six
months of consecutive development of the demand, or
(b)) the intensity of the water transport causes over the long term, but at least six
months, neprůjezdnost waterways and threatening if for these reasons
a significant number of water transport operators file for bankruptcy under a special
legislation. ^ 8a)
§ 37 d
(1) if there is a market failure in water transport, asks the Ministry of
Transport Commission of the European Communities (hereinafter referred to as "the Commission") on the issue of
the decision to regulate the capacity of vessels. ^ 8b) in order to provide
Commission documents and information justifying the request, in particular, the average
costs and prices for the different modes of transport, rates for use of the ship's space
and demand estimation.
(2) the decision of the Commission to regulate the capacity of vessels shall publish
The Ministry of transport in the transport.
§ 37e
(1) if there is a failure of the water transport market, establish a Ministry of transport
for the purposes of regulation of water transport account ("account"). On the account
water transport, water transport operators to contribute under the terms of
stipulated by special provision. ^ 8b) are other Resources
financial resources of the State and are assigned. On management of
revenue and expenditure account and when his administration is governed by the Ministry of transport also
regulations of the European communities. ^ 8 c)
(2) on the use of funds from an account shall be decided by the Minister of transport under the conditions and
within the limits laid down in the Commission decision. The decision of the Minister
transport on the use of funds from an account are not covered by the administrative code.
The decision of the Minister of transport shall be published in the journal of the transport.
(3) the account balances at the end of the calendar year are transferred
in the following calendar year.
section 37f
(1) report on the management of resources account for the calendar year
the Transport Ministry will discuss with the relevant unions in the transport sector
representing the operators of water transport and publish it in the Gazette
transport.
(2) the operator of a water transport has the right to consult the data on the management
with the resources of the account and ask for an explanation, the Ministry of transport is to
reasonable doubt as to its relation to the billing account.
(3) the details of the account management and the allocation of financial
funds from the account lays down detailed legislation.
8A) Act No. 328/1991 Coll., on bankruptcy and settlement, as amended
regulations.
8B) Council Regulation (EC) No 718/1999 on a policy to promote inland waterway
water transport, with regard to the capacity of the Community fleet.
8 c) of Council Regulation (EC) No 718/1999 on a policy to promote inland waterway
water transport, with regard to the capacity of the Community fleet.
Council Regulation (EC) No 805/1999 laying down measures for the implementation
Council Regulation (EC) No 718/1999 on a policy to promote inland waterway
transport, with regard to the capacity of the Community fleet. ".
The existing part VII and VIII shall be renumbered as part VIII and IX.
Footnote No. 8a) is referred to as a footnote
# 8 d), including links to a footnote.
6. In section 52 is at the end of the sentence, after the words "§ 33a paragraph 1. 3 "the word" and "shall be replaced
comma, the words "§ 36 odst. 1 "shall be deleted and the following words" § 36 odst.
2, § 36 odst. 4, § 36a para. 7, § 36a para. 8 and section 37f para. 3. "
7. In annex 2, point 2 shall be deleted.
Points 3 to 7 are renumbered 2 to 6.
Article II
This Act shall take effect on the date of the Treaty of accession of the Czech
Republic to the European Union enters into force.
Fort Worth Star Telegram in r.
Klaus r.
in the Gross at the r..
