240/2006 Sb.



DECREE



of 12 October. in May 2006,



amending Decree No. 298/2005 Coll. on technical requirements

qualifications and competence when mining activity or activities

by using mining techniques and on amendments to certain laws



The Czech mining Office lays down pursuant to § 5 para. 3 of Act No. 61/1988 Coll.

mining activities, explosives and the State Mining Administration, as amended by

Act No. 542/1991 Coll., and in accordance with § 29 para. 2 (a). (e)) and section 38 of Act No.

18/2004 Coll., on the recognition of professional qualifications and other eligibility

nationals of the Member States of the European Union and amending certain

laws (law on the recognition of professional qualifications):



Article. (I)



Decree 298/2005 Coll. is amended as follows:



1. In paragraph 1 (b). a), the words "(hereinafter referred to as" relevant regulated activities ")"

deleted and the words "regulated activity" shall be replaced by the words "when

mining activity or activities carried out using mining techniques ".



Footnote 1 shall be deleted.



2. In paragraph 1 (b). (d)), the words "relevant regulated activities" shall be deleted.



3. In paragraph 1, at the end of subparagraph (d)) the dot replaces the comma and the following

letters e) and (f)), which read as follows:



"e) management of mining and underground works-the process of creating or liquidation

mine workings in the mining or underground workings in the activities

by using mining techniques (includes punching, reinforcement, maintenance,

reconstruction, establishing, safeguarding and disposal of mining or

underground workings and mining of deposits of minerals, mining overburden dumps and cuts,

deck hoppers),



f) sample documentation-technical documents to the required file

professional competence, to ensure the safety and health at

the work safety and the work conditions in the mining

the activity or activities carried out using mining techniques. ".



4. In article 2 (2). 1 (b). and (b)). (b) point 2 (a)). e) and (f)), the words "in the

regulated activities "shall be replaced by the words ' in mining activities, or

activities carried out using mining techniques ".



5. In article 2 (2). 1 (b). (b)) points 1 and 2, subparagraph (a). (c)), d) to (j)), the words "in the

the relevant regulated activities "shall be replaced by the words ' in mining activities

or activities carried out using mining techniques ".



6. In article 2 (2). 1 (b). k) including footnote # 8 reads as follows:



"to) technical supervision ^ 8) is the natural person designated to review the performance of the

Professional and safe activities of employees, compliance with technological

legislation, regulations governing the safety and health protection at work,

safety and working conditions. Technical supervision for the management

mining and underground workings must have expertise in the range of

at least secondary education, with GCSE and professional practice

mining activity or activities carried out using at least

six months. Technical supervision for the performance of special activities (in particular

mechanical, electrical, chemical, construction) must have at least secondary education

with a GCSE in a relevant field.



8) section 7 of Decree No. 22/1989 Coll. on safety and health at

work and safety in mining activities and mining

non-reserved minerals underground, as amended.



section 6 of Decree No. 55/1996 Coll., on the requirements to ensure the safety and

occupational health and safety in the work carried out by the

using mining techniques in the underground, in the wording of later regulations.



section 7 of Decree No. 239/1998 Coll. on safety and health at work

and safety in the mining and processing of oil and gas and

drilling and geophysical work and amending certain provisions of the

ensure the safety and health at work and the safety of operations

When mining activities and activities carried out using mining techniques, as

amended.



section 7 of Decree No. 26/1989 Coll. on safety and health at work and the

traffic safety in mining activities and in the activities carried out by the

using mining techniques on the surface, as amended.



section 7 of Decree No. 51/1989 Coll. on safety and health at work and the

the safety of operations when editing and refining of minerals, as amended by

amended. ".



Footnote 9 is deleted.



7. In article 2 (2). 1, point l) repealed.



8. In section 3, paragraph 2, including footnote No. 10 shall be deleted.



The former paragraph 3 shall become paragraph 2.



9. in paragraph 4 of the letter k):



"the technical supervision for the leadership) of mining and underground works".



10. In paragraph 4, at the end of the letter l) a comma is replaced by a dot and the letter m)

repealed.



11. in § 5 para. 2 the words "regulated activity" shall be replaced by

"mining activity or activities carried out using mining techniques".



12. in § 5 para. 4 is added:



"(4) a natural person referred to in section 4 (b). a) to i) with the application form on

the master shall submit documentation to obtain the requisite technical

eligibility, which have processed or the processing involved. ".



13. In article 6, paragraphs 1 and 2, including the footnotes 11 and 12

be deleted and paragraph 3 shall be deleted.



14. section 7, including the title reads as follows:



"section 7 of the



Verification of the technical competence of organizations



(1) the competence of the individuals providing the Organization

Professional and safe performance of mining activities, or activities carried out

"mining" means the test organization, which are in the

or a similar proportion, if it does not verify the State Mining Authority.



(2) the competence of the individuals providing the organization when

mining activity or activities carried out using mining techniques technical

supervision of professional and safe performance of special activities, in particular

electrical, mechanical, chemical, construction, validates the test organization.



(3) knowledge of safety regulations for individuals whose professional

verifies the eligibility of the Organization and of individuals, which do not

repeated verification of professional competence shall be checked before the Commission

the organization. Tests are repeated within a period of three years from the previous

test. ".



15. section 8 including the title reads as follows:



"section 8



Periodic exams



(1) natural persons whose professional competence referred to in article 4

(a). a) to (i)) and l) is validated by the authorities of the State Mining Administration, must

be subjected to the repeated verification of professional competence (hereinafter referred to as "periodic

the test ") to the extent necessary for the performance of activities.



(2) the periodic test is conducted within a period of three years from the previous

of the test.



(3) Periodic examination is held before the Commission, fixed by the President of the Czech

Mining Authority. The request for a periodic exam must be submitted to the competent

authority of the State Mining Authority no later than 60 days before the expiry of the period

in accordance with paragraph 2.



(4) a periodic test in accordance with paragraph 2 may be repeated a maximum of

Once in the time provided for the evaluation by the Commission, after the expiry of the

the period of 3 months, at the latest within 6 months, otherwise the certificate shall cease to be

into force (section 6).



(5) on the periodic test shall be the record that contains the information referred to in

the provisions of § 5 para. 6. ".



16. section 9 reads as follows:



"section 9



Recognition of professional qualifications, competence and other eligibility

nationals of the Member States of the European Union and certain State

nationals of non-Member States for the performance of the relevant regulated

the activity is carried out under a special legal předpisu14), if it is

validate the State Mining Authority. ".



Footnote 13 is repealed.



17. in annex No. 1, in paragraph 4, after the words "technical supervision" shall be inserted after

the words "for the conduct of mining and underground works".



18. Annex 2 shall be deleted.



Article II



Transitional provisions



1. The requirements of this Decree provided for the competence of the

technical supervision for the management of mining and underground workings shall be construed as

to be fulfilled by the natural persons who carry out this work on 1 January 2007. August

2005, their expertise has been validated by the Decree No.

340/1992 Coll., about the requirements for qualifications and competence and of

verification of the technical competence of workers to the mining activities and

activities carried out using mining techniques and amending certain regulations

issued by the Czech Mining Authority to ensure the safety and protection of health

at work and the safety of operations in mining activities and activities

by using mining techniques, in wording of later regulations, and after a day

entry into force of this Decree shall perform this function for the same

the organization.



2. The competence of the race of the mine is also authorized to exercise

regulated activities referred to in paragraph 4 (b). c) to (e)), i) and k) of the Decree

No. 298/2005 Coll., as amended by this Ordinance. The competence of the race

the quarry with annual extraction of greater than 500 000 tonnes shall entitle to exercise

regulated activities referred to in paragraph 4 (b). c) to (e)) and k) Decree No.

298/2005 Coll., as amended by this Ordinance. The competence of the race

the quarry with annual extraction of less than 500 000 tonnes entitles to exercise

controlled activity referred to in section 4 (b). k) Decree No. 298/2005 Coll., in

the text of this Ordinance.



Article. (III)



This Decree shall take effect on the date of 15. June 2006.



President:



Prof. JUDr. Ing. Makarius, CSc. v. r.