376/2007 Sb.



LAW



of 6 May 1999. December 2007,



amending Act No 61/1988 Coll. on mining activities, explosives and the

the State Mining Administration, as amended, and Act No.

200/1990 Coll. on offences, as amended



Parliament has passed the following Act of the United States:



PART THE FIRST



Amendment to Act No. 61/1988 Coll. on mining activities, explosives and

the State Mining Administration



Article. (I)



Act No. 61/1988 Coll. on mining activities, explosives and the State

Mining Administration, as amended by Act No. 425/1990 Coll., Act No. 542/1991 Coll.,

Act No. 171/1993 Coll., Act No. 128/1999 Coll., Act No. 71/2000 Coll.

Act No. 124/2000 Coll., Act No. 313/2001 Coll., Act No. 206/2002 Coll.

Act No. 320/2002 Coll., Act No. 228/2003 Coll., Act No 227/2003 Coll.

Act No. 3/2005 Coll., Act No. 386/2005 Coll., Act No. 186/2006 Coll.

Act No. 309/2006 Coll. and Act No 342/2006, is amended as follows:



1. § 1, including title and footnotes # 1 and # 1b-1 h:



"§ 1



The subject of the edit



(1) this Act incorporates the relevant provisions of the European

Community ^ 1) and edits



and conditions for carrying out mining) activities and activities carried out by the

using mining techniques,



(b) the conditions for the disposal of) explosives and explosive articles,



(c)) the conditions for safe operation of underground objects



(d)) conditions for the safety and protection of people's health, safety and

the protection of the working environment in the activities referred to in points) and

(b)),



(e) the Organization and responsibilities of the institutions) of the State Mining Administration.



(2) this law shall also apply to explosives, if passed from the possession of the

the armed forces of the Czech Republic ^ 1b), armed security

Corps ^ 1 c), the intelligence services of the Czech Republic ^ 1 d), General

Directorate of customs ^ 1e), the fire brigade of the United States or

The Czech Office for the testing of weapons and ammunition in the possession of the ^ 1f) organizations

authorized explosives to dispose of pursuant to this Act.



(3) this Act does not apply to



a) explosives, explosive objects and widgets that hold for your needs

the Czech Republic's armed forces, armed security corps,

the intelligence service of the Czech Republic, the Directorate-General of customs, Czech

the authority for the testing of weapons and ammunition or the Czech fire brigade

States for the performance of services ^ 1 g),



b) explosives, explosive objects and widgets that hold for your needs

the armed forces and Corps of other States during their stay on the territory of the United

Republic, in transit through the territory of the Czech Republic or when crossing over

the territory of the Czech Republic, where it is clear from the international treaty, which is

Czech Republic tied,



c) ammunition, pyrotechnic articles and military ammunition ^ 1 h),



d) underground objects that are subject to the supervision of the Ministry of defence,

The Ministry of the Interior, the Ministry of transport and the Ministry of Justice,

unless this Act provides otherwise.



(4) this Act has been notified in accordance with the directive of the European Parliament

and Directive 98/34/EC of 22 December 2004. June 1998 on the procedure for the provision of information

in the field of technical standards and regulations and of rules on information

the company, as amended by Directive 98/48/EC.



1) Council Directive 93/15/EEC on the harmonisation of the provisions relating to the placing

on the market and supervision of explosives for civil use. Commission Directive

2004/57/EC on the definition of pyrotechnic articles and certain ammunition for

the purposes of Council Directive 93/15/EEC on the harmonisation of the provisions relating to the

the placing on the market and supervision of explosives for civil uses. Directive

European Parliament and Council Directive 2005/36/EC of 6 May 1999. July 2005 on

recognition of professional qualifications.



1B) Act No. 219/1999 Coll., on the armed forces of the United States, in the

as amended.



1 c) Act No. 283/1991 Coll., on the police of the Czech Republic, as amended by

amended.



Act No. 555/1992 Coll., on the prison service and judicial guard of the Czech

Republic, as amended.



1 d) Law No 289/2005 Coll. on Military Intelligence.



Act No. 154/1994 Coll., on the intelligence services of the Czech Republic, in the

as amended.



Act No. 154/1994 Coll., on the Security information service, as amended by

amended.



1E) Law No 185/2004 Coll., the customs administration of the Czech Republic, as amended by

amended.



1F) 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.



1 g) Act No. 133/1985 Coll., on fire protection, as amended

regulations.



1 h) Act No. 119/2002 Coll., on firearms and ammunition, and amending

Act No. 155/2000 Coll., 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.



Act No. 155/2000 Coll. ".



2. In paragraph 4, the second sentence shall be deleted.



3. In section 5a paragraph 1 including the footnotes # 4a and 4b is inserted:



"(1) If this Act or the regulations issued by the top law to their

^ design 4a) requirements for qualifications, competence or other

requirements for the performance of the activities referred to in this Act shall be deemed or

These requirements have been met if the natural person shall submit to the

evidence of professional qualifications, or other documents issued by the

the competent authority of the Member State of the European Union or another Contracting Party

State to the agreement on the European economic area (hereinafter referred to as "the Member State

The European Union ") or the Swiss Confederation, in accordance with the law on

recognition of professional qualifications ^ 4b).



4A) such as 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, as

amended by Decree No. 240/2006 Sb.



4B) 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), as amended by

amended. ".



4. In article 5a, the following paragraph 3, including footnote # 4 c

added:



"(3) the Organization cannot refuse to verify the competence of physical

the person that intends to employ, if that person has acquired the professional

eligibility in the Member State of the European Union or the Swiss Confederation.

If it was the competence of individuals obtained outside the Member States

The European Union, the organization is entitled to require the natural person

proof of the recognition of the validity or the equivalence of foreign

education in the Czech Republic ^ 4 c). The right of a natural person contact

with applications for recognition of professional competence, the competent authority of the State

Mining Authority under special legislation ^ 4b) shall remain unaffected.



4 c) section 108 of the Act No. 561/2004 Coll. on pre-school, primary, secondary,

higher vocational and other education (the Education Act), as amended

regulations.



sections 89 and 90 of Act No. 111/1998 Coll., on universities and amending and

supplement other laws (the law on universities). ".



5. In paragraph 6 of the dot at the end of paragraph 3 is replaced by a comma and the following

letter h) including footnote # 4 d is added:



"h) use only products that were under the Special

legislation ^ 4 d) verified as safe.



4 d), for example, Act No. 22/1997 Coll., on technical requirements for

products and amending and supplementing certain acts, as amended

regulations. ".



6. In article 7 (2). 2, the first sentence of the following sentence, "the Commander of the intervention in

the underground objects referred to in section 37, if the intervention involved

fire protection units, the unit commander fire protection ^ 5a). ".



Footnote No. 5a is added:



"5a) section 19 of Act No. 239/2000 Coll., on the integrated rescue system and about the

change some of the laws. ".



7. In paragraph 7, at the end of paragraph 4, the following sentence "the Czech mining Office may

also require the owner or operator of underground objects

referred to in section 37, in view of their nature or the local

conditions to ensure the mining rescue service. ".



8. In paragraph 8, the following paragraph 7 is added:



"(7) for testing and expert advice, carried out in a Member

State of the European Union, in Turkey or in the State of the European

free trade, which is a Contracting Party to the agreement on the European

economic area, the Czech mining Office will take into account when issuing

the authorisation referred to in paragraph 3. '.



9. section 21 including title and footnotes # 13a and 13b:



"section 21



Basic concepts



(1) for the purposes of this Act, means the



and the explosive substances and articles) that are listed in the annex and the European


the agreement on the international carriage of dangerous goods by road (ADR) ^ 13a)

classified in class 1 of those substances, except for ammunition and military

ammo ^ 1 h),



b) plastic explosives such explosives, which



1. are prepared from one or more of the explosives, which they clean

the form of a vapour pressure of less than 10-4 Pa at 25 degrees Celsius, in particular

oktogen (HMX), penthrite and hexogene as active components (AS PETN) (RDX) and



2. are prepared with binders and



3. as a mixture of malleable or flexible at normal room temperature,



(c) the management of explosives) research, development and testing of explosives, their

production and processing, use, destruction and disposal, storage,

the acquisition, transfer, import, export or transit, and transport



(d) such use of the work trhacími) of explosives, in which it is used

energy conversion of explosives and explosive chemicals that include file

workflows, in particular charge of explosives, preparing and charging

roznětných cartridge, making roznětné network, launch the load (hit)

and the explosion of explosives (blasting),



(e) the transport of explosives in transit of explosives) under special laws

^ 13b) legislation through the territory of the Czech Republic from the point of entry into the territory of the

The United States, and the point of exit from the territory of the Czech Republic,



(f) the acquisition of explosives each) authorized to obtain from subjects on

the territory of the Czech Republic,



g) transfers each of their transfer to the territory of the community, with

the exception of relocation in the territory of the Czech Republic,



h) person responsible for the transit carrier, which on the basis of the Treaty

or other forms of cooperation ensures the transport of explosives,



I) export of explosives to their actual relocation from the territory of the Czech Republic

on the territory of a State which is a Member State of the European Union,



j) importation of explosives to their actual transfer of the territory of a State

not a Member State of the European Union, on the territory of the Czech Republic,



to work work, ohňostrojnými) which uses chemical conversion

pyrotechnic articles considered to be explosive articles to invoke

lighting, or sound effects,



l) AIDS to the use of explosives (hereinafter referred to as "AIDS") means or

devices that come into contact with explosives, and can act on them

its chemical and physical properties and or are needed to

implementation of blasting or fireworks work.



(2) in case of doubt, whether it is an explosive or pyrotechnic

products, decides the Ministry of industry and trade. In case of doubt, whether

as for blasting or ohňostrojné work, or about AIDS, decides

The Czech mining Office.



13A) European Agreement concerning the international carriage of dangerous goods

(ADR), the renowned under no. 64/1987 Coll., as amended.



13B) for example, the European Agreement concerning the international carriage of

of dangerous goods by road (ADR), of Council Regulation (EEC) No 2913/92 establishing the

the Community customs code, as amended. ".



Footnote No. 13b is referred to as a footnote

# 13, including a link to a footnote.



10. section 22, including title and footnote No. 13 c:



"§ 22



General obligations in the handling of explosives



(1) any person who comes into contact with explosives, is obliged to proceed with the

the biggest caution and adhere to the regulations on the management of explosives and

tutorials on the use of explosives to endanger your safety and

the safety of other persons and property.



(2) the organization is required to ensure the safety in our activities

working environment and working conditions in the handling of explosives

and for their application to ensure sufficiently easy to understand guides.



(3) the organisation shall make the necessary preventive measures in a timely manner, and

Delete without delay and conditions that could compromise its safe

operations or interests protected by specific legislation, in particular

health and safety in the handling of explosives.

The organization is obliged to secure the explosives against misuse, loss or

theft in accordance with the provisions of paragraph 6.



(4) the Organization must in the handling of explosives, to fulfil obligations also

referred to in § 6 (1). 3 (b). b) to (f)), and (h)).



(5) the organisation shall report to the relevant district mining authority

8 days in advance of the start of production of explosives, their processing, destruction and

the disposal, storage, research, development and testing. The organization is also

required to report interruption of these activities for a period longer than 30 days, and

termination of such activities. The announcement of the initiation, suspension or termination of

the above activities must include the business name, if applicable, the name,

registered office and identification number, if it is a legal entity, and business

company or name and surname, address of place of business and

the identification number, if assigned, if it is about doing business

a natural person, the indication of the type of activity and the signature of the statutory body

or its designee.



(6) the organisation shall objects or spaces in them in which is

find explosives, to ensure against theft of explosives and blast them.

Way to ensure objects and space must be included already in the project

the documentation. The Czech mining Office shall issue a decree of class of danger

explosives, construction requirements and to ensure the stores of explosives on

the surface and below the surface, construction requirements and ensure stores

explosives manufacturers and customers, traffic and safety requirements

health at work in the warehouses of explosives and storage requirements

explosives and their methods of storage.



(7) the Organization, carrying out research, development and testing of explosives,

their production, storage, destruction and disposal, are required to establish

Department or to identify the person responsible for carrying out the tasks in the field of safety

and occupational health and safety.



(8) in the handling of explosives may be used only for technical

equipment and AIDS, which correspond to the regulations to ensure the safety

and occupational health and safety. Fitness equipment

the organization assesses their regular inspection, testing and

revisions that can perform only authorized and qualified

of the person; AIDS is assessed by organizations according to their nature and use.



(9) the organisation shall promptly notify the police of the Czech Republic

theft, loss or breach of cargo or transport package explosives

you are treated.



(10) each is obliged to immediately notify the theft, loss or find

explosives or violation of cargo or transport package explosives Police

The United States, or your organization, in the case of explosives, with which

Organization of loading.



(11) in the handling of explosives are persons non-participating in these

activities are required to follow the instructions of the person who handles explosives,

and respect her instructions to ensure the safety of life, health of people and

asset protection.



(12) when blasting works or when fireworks are the owners of the works

real estate, or their administrators or users to be required to tolerate measures

to ensure the safety of life, health of people and the protection of property, including

position of the warning or informative boards.



(13) it is prohibited to transfer, acquire, transport, import or export

or placing on the market of plastic explosive, which do not contain the detection

substance ^ 13 c); This prohibition does not apply to plastic explosives, which are



and) prepared or held in limited quantities exclusively for the purposes of

duly approved scientific research, development or testing of new or

the amended explosives



(b)) prepared or held in limited quantities exclusively for the purposes of

duly approved training in the detection of explosives or manufacture or

testing equipment for detection of explosives,



c) prepared or held in limited quantities exclusively for duly

the approved purposes of investigative and judicial Sciences.



(14) the approval process of plastic explosives referred to in paragraph 13 (b). and)

to c) and the types of detection of substances modifies the Czech mining Office by Decree.



13 c) Convention on the marking of plastic explosives for the purpose of detection,

renowned as no. 6/2003 Coll. ".



The existing footnote. 13 c-13f are referred to as notes

footnote No. 13d 13 g up to, and including references to footnotes.



11. section 23, including the title and footnote No 13d:



"article 23 of the



Manufacture of explosives and accessories



(1) the Ministry of trade and industry issued a binding opinion on the application

on the issue of franchised businesses in research, development, production, destruction,

disposal, processing, buying and selling of explosives under a special

^ According to the law). In the opinion of the Ministry of industry and

assesses whether the Trade Organization for the pursuit of activities

It owns or has access to the agreed facilities and equipment

needed for the execution of this activity, and owns or has provided

access to objects that were required for the operation of the activities of the

enabled by a special Act ^ 3 c).



(2) an organization that produces, processes, manufactures or imports

explosives or tools, is required to the customer



and proof of performance) to pass and the quality of the delivered equipment,




b) attach to the supplied výbušnině a proof of its properties and instructions

using it.



(3) the requirement to attach instructions referred to in paragraph 2 (a). (b)), and the Subscriber has

that supplies explosives and equipment next to the customer.



(4) the customer is obliged to comply with the instructions for the use of explosives, and

AIDS, familiar with the contents of the relevant staff and about this

getting to record.



(5) High schools can carry out research, development, testing, laboratory

the production, processing, disposal and destruction of explosives to carry out their

the pedagogical tasks within an accredited study programme and

scientific research and the tasks of the expert's testimony. High schools can these

activities on condition that the



and shall notify the competent district mining Office) Office within 30 days from the start of

the academic year of the types and quantities of explosives is planned, which will be

According to the study, and scientific and research plans and implied expertise

activities in a given academic year,



b) within 15 days after the end of the academic year shall notify the competent district

a motion for authority to the actual quantities and types of explosives referred to in subparagraph (a)),

including how it was loaded with them.



(6) the Czech mining Office shall issue a decree requirements to ensure

safety and health at work and the safety of operations at

the production, processing, development, research and testing, use, destruction

or disposal of explosives.



13D) § 52 para. 1 of Act No. 455/1991 Coll., on trades

(Trade Act), as amended. ".



Former footnote No. 13d 13 h to become notes

footnote # 13e-13i, including references to footnotes.



12. section 24 including title and footnotes # 13e:



"§ 24



The placing on the market of explosives and accessories



(1) of the explosives and equipment placed on the market under special laws

^ 13e) rules, unless this Act provides otherwise. Thereto to the designated

to waste on the territory of the United States must be accompanied by instructions for use

in the Czech language. If this law or another law provides

the requirements on the instructions for the use of explosives, these requirements shall not apply to

products which have been manufactured or marketed in one Member

State of the European Union in accordance with its legislation, provided,

the enclosed instructions ensures protection for the legitimate interest of the corresponding

extent to which the achievement of tracks by this Act or other legislation.

If the instructions for the use of explosives does not match the requirements of

the laws of the United States, the organization is obliged to remove the detected

shortcomings and instructions for the use of explosives brought into line with these

regulations. Pyrotechnic articles shall be marketed under a special

the law.



(2) if the person authorized to conformity assessment of conformity,

that does not have a registered office in the territory of the Czech Republic, must be before the first

the use on the territory of the United States validated the compliance manual

with the requirements laid down by the legislation of the Czech Republic

a legal entity, which is also responsible for the assessment of conformity

explosives and equipment under special legislation ^ 13e). By the time of

the removal of deficiencies in the instructions for use of explosives cannot be with explosives

on the territory of the Czech Republic.



13E) Law No. 22/1997 Coll.



Government Decree No. 358/2001 Coll., laying down technical requirements

on explosives for civil use in their marketing, as amended by

Government Regulation No 416/2003 Coll. ".



13. section 25, including the title reads as follows:



"§ 25



The transmission and acquisition of explosives



(1) the organization may transfer or acquire explosives without a permit. On the issue of

the authorization shall be decided by the competent authority of the State mining authority based on

a written request from an organization that is the recipient of explosives (hereinafter referred to as

"the applicant"). Authorizations for the transfer or acquisition is not required for

smokeless powders, black powder and matches, if they are intended for

use by a special legal regulation ^ 1 h).



(2) an application for an authorisation to acquire explosives between organizations served

the applicant referred to in paragraph 1 to the competent authority in accordance with the district mining Office

the headquarters of the organization or the location of the branch. On the issue of a permit

district mining Office. The applicant may request a one-time

a permit to acquire explosives or for permission to repeat the acquisition

the explosives, but no longer than for a period of 3 years. Repeated transfers of explosives is

may be allowed only in the case of transmission between the same

organisations.



(3) a request for authorisation to acquire explosives from a Member State of the European

Union in the territory of the Czech Republic the Czech Mining Authority, the applicant served. About

authorisation shall be decided by the Czech mining Office. The applicant may request the

a one-time authorization to acquire explosives or for permission to repeatedly

the transmission, but no longer than for 3 years. Recurring transfer may be permitted

only in the case of transmission between the same organisations.



(4) the applicant is the only party to the proceedings. ".



Former footnote No. 13f and 13 g are deleted, including the

references to footnotes.



14. under section 25, the following new section 25a to 25 k, including headings and

footnotes # 13f and 13 g shall be added:



"§ 25a



Requirements for an application for an authorisation for the transfer and acquisition of explosives



(1) the request contains



and according to the applicant) details of the administrative code, telephone and fax number,

or electronic address (hereinafter referred to as "identification data"),



(b)) identification of an organization that passes or acquires explosives,



(c)) the identification of the carrier,



(d)) method of passing or acquisition of explosives and putting the projected

shipments of explosives,



e) expected date of transfer or acquisition of explosives,



f) the period for which the permit is sought,



g) quantity (kg, pieces, m) of explosives, to be transmitted,



h) full description of explosives, which shall consist of the identification number

The United Nations (UN) number, classification code, the trade name

explosives, whether explosive or does not have the "CE" marking, the names and

the address of the manufacturer or supplier,



I) purpose, place of use and place of storage of explosives.



(2) in the case of a permit to a recurring transfer or acquisition of explosives

the application may not contain the information referred to in paragraph 1 (b). (c)), d) and (e)).



(3) the applicant shall attach to the request



and) an extract from the commercial register or, if the applicant is entered in the

trade register extract from the trade register or any other

like the register, not older than 90 days or a similar document from another

State and a certified copy of the concession of the Charter,



(b)) Declaration of conformity, the explosive is to be placed on the market in the Czech

Republic for the first time.



§ 25b



The decision to grant an authorisation for the transfer and acquisition of explosives



The decision contains



and) identification of the applicant for the transfer of explosives referred to in § 25a

paragraph. 1 (b). and)



(b) the transferor) the identification referred to in section 25a paragraph 1. 1

(a). (b)),



(c) the period of validity of the authorisation, the)



(d) the quantity of explosives to be transmitted) (kg, pieces, m)



(e)) the data referred to in section 25a paragraph 1. 1 (b). (h)),



f) name and address of manufacturer or vendor data, whether explosive or

does not have the "CE" marking, the commercial name of the explosive,



g) purpose, instead of using explosives and place of storage of explosives,



h) additional conditions, if necessary from the security interests of the United

of the Republic.



section 25 c



Exports and imports of explosives



(1) the export of explosives and explosives import permit is required. On the issue of

authorisation to decide on the basis of the request, the Czech mining Office. To the application for

granting an export permit shall be expressed in the authorities referred to in paragraph 7.



(2) an application for an export permit of explosives from the United States, or about

import permits for explosives served an organization that has the authority to

business in the territory of the Czech Republic under this law or other

^ According to the legislation). The permit can be issued for single or

repeatedly export or import, but no longer than for 3 years. Authorisation to

repeated imports or exports may be issued, in the case of the import or

exports between the same organisations.



(3) in the application, the applicant shall indicate the



and) identification of an organization that explosives or

imports, its telephone and fax numbers, e-mail address, if applicable,



(b) the identity of the receiving) Organization,



(c) the final) the identification of the user, if known,



d) identification of the carrier of explosives,



e) full description of imported or exported explosives, which consists of

the United Nations identification number (UN number) and classification

code,



(f) the name and address of the registered office), the manufacturer or supplier of the explosives,



(g)) the presumed mode of export or import of explosives and putting the

the projected transport routes,



h) expected date of start of export or import explosives,



I) period of validity of the authorisation,



j) quantity (kg, pieces, m) of explosives, to be exported, or

imported,



to) the purpose, instead of using explosives and place of storage of explosives,



l) Declaration by the applicant that the information given in the application is true,




m) copies of the application and the date of signature of the applicant on the export or import of

explosives.



(4) in the case of a permit for repeated imports or exports explosives application

may not contain the information referred to in paragraph 3 (b). (d)), and (f)).



(5) the applicant shall attach to the request



and) an extract from the commercial register or, if the applicant is entered in the

trade register extract from the trade register or any other

like the register, not older than 90 days or a similar document from another

State and a certified copy of the concession of the Charter,



(b)) in the case of exports, the international import license (International Import

Certificate) or the certificate of the final user (End User

Certificate),



c) a certified copy of a valid proof of the safety of natural

person or a valid certificate of a natural person under a special legal

prescription for all persons carrying out sensitive activities for the Organization

According to paragraph 10,



(d) a statement as to whether it was) an explosive, marked "CE" and which by the notified body

person ^ 13e), where appropriate, Declaration of conformity, the explosive is to be listed

on the market in the Czech Republic for the first time.



(6) the decision to grant an export or import explosives contains



and) identification of an organization that exports or imports explosives,

telephone and fax number, e-mail address, if applicable,



(b) the carrier) identification of explosives,



(c) the period of validity of the authorisation, the)



(d)) the quantity of explosives imported or exported (kg, pieces, m)



(e)) for a complete description of explosives, which shall consist of the identification number

The United Nations (UN) number and classification code, name and address

the manufacturer or supplier, the trade name and, in the case of imports of "CE"

indicate the explosive is to be placed on the market in the Czech Republic for the first time,



f) in the case of exports, transit countries through which the shipment does not allow of

because of the international situation (the embargo, war, etc.),



g) additional conditions, if this is necessary for security or foreign

the political interests of the United States.



(7) an application for the issue of permits and the opinion without undue

delay, at the latest, however, within 25 days of the date on which the application for

opinion delivered to the Ministry of Foreign Affairs shall issue from the perspective of

the foreign policy interests of the United States and the Ministry of the Interior of the

the internal order and security of the Czech Republic; authorisation can be

issue just by an affirmative opinion of the Ministry of Foreign Affairs and

The Ministry of the Interior. The application for authorisation shall be further expressed

the appropriate intelligence agency in terms of its competence as laid down

special legislation ^ 13 g), within 25 days of the date on which they were

request for opinions delivered, otherwise, it is considered that with the issue of a permit

agrees.



(8) unless the authority referred to in paragraph 7 of its opinion within the time limit specified by the

This Act, it shall be deemed that the export of explosives agrees.



(9) the opinion of the authorities referred to in paragraph 7 shall be kept separately outside the

the file.



(10) the Sensitive activities under a special legal regulation is performance

a member of the statutory body, the performance of the function and performance of authorized

Member of the Supervisory Board of the organization that performs the export or import of

explosives referred to in paragraph 1.



§ 25 d



The transit of explosives



(1) the transit of explosives through the territory of the Czech Republic is required

authorisation can be issued by the Czech mining Office.



(2) the authorization referred to in paragraph 1 asks the organisation responsible for transit. In

the request shall indicate



and) identification of an organization that is the recipient of a number of explosives,

phone and fax numbers, e-mail address, where appropriate



(b)) identification of an organization that passes the explosives, the number

phone and fax numbers, e-mail address, where appropriate



(c)) the identification of the carrier, telephone and fax number, where appropriate

e-mail address,



d) the expected date and route the transit of explosives, an indication of the date and place

entry into the territory of the Czech Republic and of the date and point of exit from the territory of the United

Republic,



(e) the period of validity of the authorisation, the)



f) quantity (kg, pieces, m) of explosives to be transported,



g) a complete description of explosives, UN identification number, classification code,

the manufacturer's marking of explosives, and the trade name,



h) Declaration of the person responsible for the transit of explosives that the information referred to in

application is true,



I) copies of the application and date of the signature of the natural person authorized to act on

on behalf of the person responsible for the transit of explosives.



(3) the application shall be accompanied by the consent of neighboring state with access to its

in the point of exit from the territory of the Czech Republic.



(4) authorisations for transit contains



and) the identification of the carrier,



(b)) the identification of the carrier,



(c) the period of validity of the authorisation, the)



d) quantity (kg, pieces, m) of explosives to be transported,



e) full description of explosives, UN identification number, classification code,

the manufacturer's marking of explosives, and the trade name,



f) indication of the point of entry into the territory of the Czech Republic and the point of exit from the territory of

The Czech Republic; the obligation of notification according to § paragraph 25f. 2 remains

unaffected,



g) data on the route to transit explosives via the territory of the Czech Republic.



(5) the Czech mining Office in may allowing the transit route of transit

of explosives through the territory of the Czech Republic or the transit of explosives through the territory of

The United States, to prohibit, if this is justified by the safety or

the foreign policy interests of the United States according to the opinion of the authority for

foreign relations and information and opinions of the Ministry of the Interior and

Security information service.



section 25e



Rejection of the application for authorization, suspension and withdrawal of authorisation

authorizations for the transfer, acquisition, export, import or transit of explosives



(1) the authority of the State Mining Authority shall reject the application for authorisation



and in the case of transit), unless the person responsible for transit

the original of the document of approval of explosives, a neighboring country with access to the

within its territory,



(b)) if the organization or person acting on its behalf, asking

for authorization repeatedly or seriously violated the obligations

laid down in part III of this Act at the time of less than 12 months ago

submission of the application for authorisation,



(c)) if the organization applying for authorisation, in less than

12 months preceding the application withdrawn,



(d) if it is not passing), acquisition or transit in accordance with the safety

the interests of the United States,



(e)) if the export or import of explosives in accordance with the safety or

the foreign policy interests of the United States,



(f)) If your organization does not have permission to use explosives on

the territory of the Czech Republic.



(2) the competent authority of the State Mining Authority shall decide on the suspension of the

the validity of the authorisation, if in connection with the transfer and

the acquisition of explosives or their export, import or transit finds

a serious threat or disruption of the health and safety of persons or the protection of

asset. The validity of the permit may be suspended for a period of time adequate to

removal of serious danger or disruption to the health and safety of people

or the protection of property but no longer than 6 months. The competent authority of the State

Mining Authority of their decision on the suspension of the authorization cancels,

as soon as the reasons for which the decision to suspend

the validity of the authorisation, if the authorisation has not expired.



(3) the authorities of the State mining authority granted permission may by decision of the

withdraw it if



and) the authorisation was granted on the basis of false or incomplete information, the



(b)) have not been met the conditions laid down in the authorization,



(c)) in the period laid down in the decision on the suspension of authorisation

does not delete the deficiencies for which the authorisation

suspended,



(d)) after the issue of permits for which barriers have arisen could not be

authorisation to be granted.



§ 25f



Information and reporting obligations



(1) the Czech mining Office shall inform the Commission of the European Communities (hereinafter referred to

' the Commission ') rejecting an application for an authorisation for the transfer of

explosives from States which are Member States of the European Union, or

the rejection of the request for allowing the transit of explosives from the Member States

The European Union through the territory of the Czech Republic or the suspension of the

authorisation to acquire explosives or to withdraw an issued

authorizations for the transfer of explosives.



(2) the Organization shall be obliged to transfer or export of explosives outside the territory

The United States, or a transfer or importation of explosives on the territory of the United

States, or transit of explosives to the Czech Mining Authority and notify the

at the same time indicate the quantities and types of explosives and the destination of the explosives

at least 5 days in advance. This notification obligation also applies when

transfers of explosives into the Member States of the European Union. The notification

the obligation also applies in the case that the explosives are transported within the

The United States within one organization.



(3) a permit issued by the district mining Office for the transfer of explosives between

organisations that have their head office in the territory of the Czech Republic, will send this

the authority shall, without undue delay to the police of the Czech Republic. Authorisation to

transfers of explosives within the European Union, to export, import or

the transit of explosives issued by the Czech Mining Authority shall forward to the Office without

undue delay to the Police Presidium of the police of the Czech Republic,

The Directorate-General of customs and the Ministry of the Interior. A copy of the authorisation to


export of explosives also shall send the Ministry of Foreign Affairs. Similarly,

the rejection of the application for authorization, suspension

permit or withdrawal of an authorisation, and in the case of notification under paragraph

2.



(4) an organization that has been granted permission to repeat the acquisition

explosives on the territory of the Czech Republic, shall after the end of each

the calendar half-year, current year within 15 days notify the district in writing

a motion for authority which issued the authorisation, quantities and types of explosives

have been on this permit in the course of the calendar half-year acquired.



(5) where the bodies referred to in paragraph 2, the means of transport for

movement of explosives fitted with a device which allows for continuous

monitoring of their movements, and they are logged on to the system to track their

motion and it registered, it shall be sufficient to notify the movement of explosives

no later than 24 hours before its beginning.



(6) the Department of transportation shall issue for the implementation of paragraph 5, the competent

implementing regulation.



§ 25 g



The obligations of the Organization in the management of explosives



(1) the Organization shall be required to



and) ensure that authorizations for the transfer, acquisition, export, import, or

the transit of explosives was transported along with the explosives, all the time

transport carried out under special legislation ^ 13a) out of place

departure up to destination and, upon request, to the customs

authorities or the police of the Czech Republic or the authorities of the State mining

Administration,



(b) conclusive evidence) to keep the transmission, acquisition, export or import of

explosives,



c) keep authorizations for the transfer, acquisition, export or import of

explosives, and other related documents for at least three years from the

end of the calendar year in which the last transmission, acquisition,

export or import explosives there.



(2) the organization involved in the handling of explosives are required to

the authorities referred to in paragraph 1 (b). and) on their request to all

information relating to the transmission, export, import or transit of explosives

and submit them to the documents authorizing the Organization to waste

explosives in these activities.



(3) the organization is required about how the security of explosives in accordance with § 22

paragraph. 6, or changes to this in writing, without delay, notify the security

Police of the Czech Republic.



(4) the Organization shall, on the basis of the State Mining Authority challenges

provide management the authority free of charge explosives in quantities

appropriate to their assessment.



(5) organizations that handle explosives, are obliged to notify

district mining offices of changes to the information about the Organization in the range of data

referred to in section 25a paragraph 1. 1 and 2, and at the latest within 5 working days from the

date of the change.



section 25 h



Superintendence and the supervision of the transfer, acquisition, import, export or

the transit of explosives



(1) the authorities of the State Mining Authority in the performance of surveillance and police Chief

The United States, in the exercise of supervision is to verify whether the transmission and acquisition of

explosives, their importation or exportation, or transit only thereof

organizations which have been granted an authorisation pursuant to this Act, and that

It is performed to the extent and under the conditions laid down by law and issued by the

the permit. The authorities of the State Mining Authority exercise Superintendence over the

the transport of explosives carried out under special legislation

governing the international transport of dangerous goods ^ 13a).

The authorities of the State Mining Authority in the performance of the Chief supervision and police of the Czech

the Republic in the exercise of supervision shall be entitled to require the submission of

authorizations for the transfer, acquisition, export, import or transit of explosives and

write to the annex to decision indication of the facts, which are related to

its use.



(2) the Czech Republic Police is authorized to carry out inspection of transport

means of transporting explosives, the completeness of the cargo and transport and

the accompanying documents.



(3) for the supervision of the transport of explosives security will provide without

undue delay, the Czech mining Office Police Member, police of the Czech

Republic and the Directorate-General of customs in a manner allowing

electronic transmission of data, data on permits for the transfer, acquisition,

export, import or transit of explosives issued under this Act

not later than 5 days before the estimated date of the transport of explosives.

The police headquarters of the police of the Czech Republic shall provide, without undue

the postponement means that allow the electronic transmission of data to the Czech

a motion for authority data on detected cases of violation of the conditions in

the authorisations granted under this Act.



(4) when the security supervision of the transport of explosives is the police of the Czech

States shall be entitled to prohibit the driver of the vehicle that is transporting the explosives,

ride on as long as necessary, or to determine driving directions, if required

safety of the transport of explosives or other public interest.



section 25i CKS



Secure and prevents explosives



(1) if the police of the Czech Republic establishes the fact that

suggest that the transmission, acquisition, export, import or transit of explosives

is not carried out in accordance with this Act or with the terms of

set in the permit, it is entitled to such explosives ensure.



(2) the police of the Czech Republic orally notify the decision to ensure the

explosives explosives holder or its carriers and without undue

delay, shall draw up a written decision, which will be given and the reason

ensure the explosives, explosives and secured their description quantity.



(3) the police of the Czech Republic will issue its holder or carrier

acknowledgement of receipt secured explosives and ensure its transport to the

Police of the Czech Republic or warehouse to another warehouse eligible for

the storage of explosives.



(4) ensure the explosives shall notify the police of the Czech Republic without delay

the authority of the State Mining Administration, which issued the authorization to transfer,

the acquisition, importation, exportation, or transit. If explosives are secured and

If you cannot remove the deficiencies for which it was provided, it shall initiate the

the competent authority of the State mining authority of management prevents explosives.



(5) ensure the explosives it takes until the final decision of the

prevents the explosives referred to in § 44 c, or until it shall be decided that the

It is not a violation of this Act.



section 25j



(1) Organization, which was the authorization to export or import is granted, it must

This authorisation should provide Customs office as declarant, alone or

through the direct representative ^ 13f).



(2) Organization, by the competent authority of the State Mining Administration has suspended

the validity of the authorizations for the transfer, acquisition, export, import or transit

explosives, is obliged to suspend this activity and enable save for

the competent authority of the State Mining Authority within 7 days of the suspension

the validity of the permit.



(3) Organization, by the competent authority of the State Mining Authority withdrawn

authorizations for the transfer, acquisition, export, import or transit of explosives,

is required to terminate the enabled activity and enable save to the competent

authority of the State Mining Authority within 7 days since the withdrawal of an authorisation.



§ 25 k



The Czech mining Office shall issue a decree granting the authorisation request patterns to

the transmission, acquisition, export, import and transit of explosives.



13F) Article. 5 of Council Regulation (EEC) No 2913/92 establishing the Community customs code

The community, as amended.



13 g) Act No. 153/1994 Coll. ".



15. in section 29, paragraph 1 reads:



"(1) to produce, process, carry out research, development, testing, experimental

production, carry out the destruction and disposal of explosives and their storage

It is possible to only the objects that have been authorised for that purpose by the

a special law ^ 3 c). ".



16. In article 33, paragraph 1 reads:



"(1) the organization handling explosives shall keep a register of

explosives, so that was an overview of how the explosives were obtained, where

located, in what quantity, and to whom they were sent or how they

loaded. ".



17. In article 33, paragraph 3 is added:



"(3) the organisations referred to in paragraph 1 shall keep a register of explosives throughout the

the time that the explosives and keep holding for at least 3 years after the

end of the calendar year in which the explosives manufactured, consumed

or is transmitted to another entity or organization. This obligation

extinguished nor the termination of activities of the organization. In the event of the Organization ceasing

passes insolvency trustee or liquidator registration of explosives to the competent

the district mining Office. ".



18. section 34 including title and footnotes # 18a and 18b is inserted:



"§ 34



Eligibility for the handling of explosives



(1) to dispose of explosives, unless this Act provides otherwise, may

only persons over 18 years of age, eligible legal capacity, good repute and

physically and technically qualified.



(2) the integrity for the purposes of this Act, does not consider the one who was

convicted for a crime committed intentionally or for

negligent criminal act committed in connection with the treatment of military

material, firearms, ammunition or explosives, if the

It does not look as if he has been convicted.



(3) the medical fitness of a person to dispose of explosives shall be assessed in the

the case of the employee's medical opinion physician preventive


care ^ 18a), in other cases, the practitioner providing primary

care ^ 18b).



(4) the competence of the people to the handling of explosives, with the exception of

the activities referred to in section 35, the organization assesses that these persons are

in the work, or in another Contracting employment. The Organization has an obligation to these

the person in advance demonstrably familiar with the properties of the substances, which are

works, in terms of their explosive and fire safety and public health

protection to the extent necessary to ensure the safe execution of the works. Microsoft product support services

the eligibility of other persons to the management of explosives is assessed by the district

mining Office competent according to the place of residence of such persons, where these

the person is not the holder of the authorization referred to in section 36.



18A) § 21 of Act No. 48/1997 Coll., on public health insurance, and about

amendments to some related laws, as amended

regulations.



§ 18a Act No. 20/1966 Coll., on the health care of the people, as amended

regulations.



18B) section 18 and 19 of Act No. 48/1997 Coll. ".



Former footnote No. 18a-18i are referred to as notes

footnote 18 c to 18 k, including references to footnotes.



19. § 36a, including the title.



20. section 36b including title and footnotes # 18 c is inserted:



' paragraph 36b



Information about organizations that handle explosives



(1) the district mining offices shall keep a register of issued authorizations for the transfer

explosives on the territory of the United States and organizations on the territory of the United

States handle explosives. Evidence leads to the extent

identifying information about the Organization, asking for authorisation to acquire

explosives. This evidence must be continuously updated and transmitted

The Czech Mining Authority.



(2) the Czech mining Office keeps records of issued authorizations for the transfer

explosives, their export, import and transit and the organizations to which this

the permit was issued. Evidence leads to the extent of identification data

the Organization, which seeks permission to transfer, export or import of

explosives. Such a register must be kept up to date.



(3) the central register referred to in paragraphs 1 and 2, leads the Czech mining Office.



(4) the Czech mining Office shall, at the request of the Police Presidium of the Police

The United States, the Office for foreign relations and information and security

information services provide access to the information in it conducted

the registers referred to in paragraph 3.



(5) the district mining offices are obliged to allow access to information

maintained pursuant to paragraph 1 to the police Member, Police of the Czech Republic.



(6) the Czech mining Office is obliged to submit, at the request of the Commission or

Member States of the European Union the current information regarding

organizations that are authorized to dispose of explosives, if this

the submission shall not preclude a special law ^ 18 c).



18 c) for example, Act No. 412/2005 Coll., on the protection of classified information and

about security, as amended, law No.

513/1991 Coll., the commercial code, as amended, law No.

101/2000 Coll., on the protection of personal data and on amendments to certain laws, as

as amended. ".



Former footnote No. 18 c to 18 k are referred to as notes

footnote 18 d up to 18 l, including references to footnotes.



21. in part three, part four shall be inserted, including title and

footnote # 18 d:



"PART FOUR



UNDERGROUND STRUCTURES



§ 37



Underground structures



(1) for underground structures for the purposes of this Act, the following shall be considered as

the underground spaces created by embossing



and) tunnels and galleries, if their length exceeds 50 m, and the tunnels and galleries

Metro,



b) collectors, including their assessment of parts and connecting shafts,



(c) other spaces on the volume) of more than 1000 m3 available to the public

or used for business activities,



(d)) for the purposes of protection of the population building,



e) sewer of cross-section greater than 2 m2, if their

length exceeds 50 m,



(f)) water drainage and stoles of cross-section greater than 2 m2,

If their length exceeds 50 m,



g) old or abandoned mine workings is made available to the public.



(2) the operator of underground objects referred to in paragraph 1, or

owner, unless the operator is obliged to maintain the underground objects

in a safe state, appoint a person to ensure their safe state

and to carry out inspections to verify the safe condition of underground objects

through an organization that has the right to pursue mining

emergency services [§ 2 (b), (h))].



(3) maintaining the safe state of underground objects for the purposes of this

Act means securing the underground space from file

technological elements against the pressure, against the release of overburden rock and

similar influences that can undermine the building structural design of underground space.



(4) the Czech mining Office shall issue a decree deadlines for periodic inspection

the underground objects referred to in paragraph 1 and the method of verification of their

safe state.



(5) the authority of the State Mining Authority is entitled to impose obligations on the spot

leading to the removal of hazardous conditions, especially if there is an immediate

danger to life or health of persons or significant damage to property, or

If there is a sudden accident. In doing so, it shall proceed according to a special legal

prescription ^ 18 d).



(6) the provisions of the specific regulations governing the performance of the

the fire supervision are not affected.



18 d) section 143 of the Act No. 500/2004 Coll., the administrative code, as amended

regulations. ".



Former footnote No. 18 d up to 18 l are referred to as notes

footnote # 18e up to 18 m, including references to footnotes.

The existing parts of the fourth and fifth are referred to as part of the fifth and sixth.



22. in § 38 paragraph 2 reads as follows:



"(2) the scope of the district mining offices Circuits are laid down in

the annex to this Act. ".



23. In article 39, paragraph 1 reads:



"(1) the authorities of the State mining authority exercised by the Superintendence



and compliance with the Mining Act), this law and the regulations issued on

based on this, if regarding the protection and exploitation of deposits of minerals,

the safety of operation, ensure the protected objects and interests from the effects of

mining activities and the management of explosives,



(b)), compliance with the Act, this Act and the regulations issued on

based on this and other generally binding legal regulations, which

regulating safety and health at work, the safety of technical

equipment, fire protection and working conditions in organizations

When carrying out mining activity or activities carried out by mining

in the manner and in the handling of explosives,



(c) ensuring the safe state) over the underground objects. ".



24. in section 40 is at the end of the text of paragraph 2, the words "and permits

the transmission and acquisition of explosives, export or import of explosives and transit

of explosives through the territory of the Czech Republic. "



25. In paragraph 40, the dot at the end of paragraph 3 is replaced by a comma and the following

the letter d), which read as follows:



"d) stores the measures to ensure the safety and health at work

and safety in the handling of explosives and for this purpose

organizes, directs, and performs special screening. ".



26. in section 40 para. 5 letter e) including footnote # 18f:



"e) to perform the tasks of the supervisory authority under the special law ^ 18f), if it is

about explosives and equipment, and performs supervision over whether for explosives was

the EC issued a certificate on conformity assessment, on the basis of which it is the

výbušnině "CE" designation,



18F) section 18 and 19 of law No. 22/1997 Coll., as amended by law No 71/2000 Coll. ".



27. in paragraph 40, the following shall be added at the end of paragraph 5, points (f) and (g)))

shall be added:



"(f)), lays down special conditions to ensure the safety and protection of health

at work and safety, including the safety of

reserved and other technical devices in the management of

explosives,



g) manages and coordinates research and development and enables the test operation of the device

and systems in the framework of research and development and provides for the conditions to

ensure the safety and occupational health and safety

operation. ".



28. in paragraph 40, the dot at the end of paragraph 6 is replaced by a comma and the following

the letter g) is added:



"g) cooperates with the competent authorities of the European communities or

European Union Member States in the exchange of information relating to the

organizations that are authorized to dispose of explosives, if

specific legislation does not prevent ^ 18). ".



29. in § 41 para. 1 (b). and the words "production of explosives and the use of

explosives for blasting and ohňostrojným works "shall be replaced by the words" loading

with explosives ".



30. In paragraph 41, the dot at the end of paragraph 1 is replaced by a comma and the following

the letter l) is added:



"l) shall keep a register of underground objects.".



31. the heading of part six reads: "administrative offences".



32. section 44 and 44a, including headings:



"§ 44



Misdemeanors



(1) a natural person has committed the offence by



and mining) or activity conducted using mining techniques

without permission according to § 5 para. 2,



(b)) neglects or abuses the warning sign, warning, or informational


signs or warning signal when blasting or

Fireworks work or is intentionally destroyed, damaged, or improperly

removes,



(c)), he shall keep unauthorized or uses explosive or otherwise

improperly handling explosives,



d) manufactures or processes the explosives illegally, or conducts research,

development or experimental production of explosives, or each other, or other affixes

resources for the production, research and development of explosives,



e) contrary to section 22 paragraph 1. 10. theft, loss, without delay, notify, or

find explosives or violation of cargo or transport package explosives

Police of the Czech Republic or of the organisation, in the case of explosives, with which

the Organization treats, or



(f)) provide the explosive or a widget on the market contrary to section 24.



(2) a natural person as a person designated by the Organization for the performance of the mining

the activity or activities carried out using mining techniques commits an offence

the fact that breach of the requirement to ensure the safety and health at

work and safety, including the safety of technical

and fire protection equipment in the underground of determined in accordance with section 6 (1). 6, with

which the Organization met him.



(3) a fine may be imposed for the offense to



and) $ 50,000, in the case of an offense referred to in paragraph 1 (b). and), b) or (e))

or paragraph 2,



(b)) 100 000 CZK in the case of an offense referred to in paragraph 1 (b). c), (d)) or

(f)).



§ 44a



Administrative offences of legal entities and natural persons-entrepreneurs



(1) a legal entity or individual entrepreneur is committed by the administrative

tort by



and mining) or activity conducted using mining techniques

without permission according to § 5 para. 2,



(b)), or holding any unauthorized uses explosive or otherwise

improperly handling explosives,



(c) unlawfully manufactured or processed) explosives or conducts research,

development or experimental production of explosives, or each other, or other affixes

resources for the production, research and development of explosives,



d) contrary to section 22 paragraph 1. 10. theft, loss, without delay, notify, or

find explosives or violation of cargo or transport package explosives

Police of the Czech Republic or of the organisation, in the case of explosives, with which

the Organization treats,



(e)) provide the explosive or the widget on the market contrary to section 24, or



(f)) as the owner or operator of underground objects specified in § 37

paragraph. 1, bringing the mining rescue service, if the Czech mining Office

This obligation pursuant to § 7 para. 4 order.



(2) is guilty of an administrative offense, by



and mining) or activity conducted using mining techniques

without authorisation or declaration according to § 5 para. 2,



(b)) performs a mining operation or operation by using mining techniques

in accordance with the conditions laid down in the mining activity permit issued

According to § 5 para. 2,



c) contrary to section 6 (1). 1 does the race of the mine or occupational

the quarry or acquiesces in matters relating to the safe or expert management

mining activity or activities carried out using another

the head of the staff of the Organization,



d) contrary to section 6 (1). 2 fails to do so in a timely manner preventive or precautionary

measures or the condition or does not do not delete measures in the framework of

emergency prevention,



(e) fails to comply with the obligation to) according to § 6 paragraph 1. 3,



f) does not comply with a request for assistance pursuant to § 7 para. 5,



g) contrary to section 6 (1). 2 fails to fire prevention measures

and explosions, průvalů water and mud, rescuer of rock, coal and gas, as well as

the emergence of mining tremors and eruptions,



h) when mining activity or activities carried out using mining techniques

It's the technical apparatus or equipment in violation of § 8 para. 1,



I) contrary to section 8 (2). 3 and 4, the first time the selected mining machine

devices, apparatus or underground utility without permission or does not

his exam,



j) contrary to section 8a of the paragraph. 3 (b). a) and (c)) and by a decree issued under section

paragraph 8A. 8 (a). a) or b) does not ensure during commissioning and when

operation of dedicated technical devices perform the surveys,

revisions and tests of professionally competent persons,



k) mounts, repairs or makes revisions, tests and examinations

dedicated technical equipment satisfies the containers manufactured gases, or

reserved pressure equipment contrary to section 8a of the paragraph. 3 (b). (b)), and

by a decree issued in accordance with section 8a of the paragraph. 8 (a). a) or (b)), or



l) fails to comply with a binding order or action of the mining inspector under section 42

paragraph. 2 (a). (b)), or does not comply with a ban on overtime, night work

or the work of women and minors under § 42 para. 2 (a). (c)).



(3) the Organization has committed misconduct by



and) contrary to section 22 paragraph 1. 5 does not report processing, destruction and

the disposal, storage, research, development and testing of explosives or

reports no interruption or termination of such activities,



(b)) does not ensure objects and spaces in which are loaded with explosives,

against theft of explosives and blast them pursuant to § 22 para. 6,



c) stored explosives in a manner or in the area or object in conflict with

the requirements laid down pursuant to § 22 para. 6,



d) contrary to section 22 paragraph 1. 9. theft, loss or has not notified the violation of

cargo or transport package explosives with which it treats,



(e) violates the prohibition of transfer), acquire, transport, import, export or

placing on the market of plastic explosive, which do not include the detection of the substance, or

manufacture and processing of plastic explosive, which are not tag your tracks for

detection purposes under section 22(2). 13,



(f)) as an organization that manufactures, processes, manufactures or imports

explosives or fails to comply with the obligation to AIDS pursuant to § 23 para. 2,



g) passes the explosive without permission according to § 25 para. 1, or forward it

though the validity of this permit pursuant to section 25e para. 2

suspended,



h) or takes the explosive without a permit under section 25 c of paragraph 1. 1, or

take it or take though the validity of the authorizations under section 25e

paragraph. 2 suspended,



I) carried out the transit of explosives through the territory of the United States without authorization

under section 25 d of paragraph 1. 1, or contrary to the conditions laid down in the authorisation

under section 25 d of paragraph 1. 4 (b). c, d), (f)) or g) or transit of explosives

through the territory of the Czech Republic take place though the authorisation has been

under section 25e para. 2 suspended,



j) fails to comply with the obligation of notification according to § 25f para. 2,



k) as an organization that has been granted permission to repeat the transmission

explosives on the territory of the Czech Republic does not fulfil the obligation of notification according to §

paragraph 25f. 4,



l) contrary to section 25 para. 1 (b). and) does in the carriage of

the explosives were produced upon request of the relevant permits,



m) does not keep supporting records under section 25 g para. 1 (b). (b)), or

the evidence does not retain pursuant to § 25 para. 1 (b). (c)),



n) contrary to section 25 does not keep a register of explosives or conclusive reports

the differences in the records of explosives the police of the Czech Republic,



about to waste) determine the explosives the person that do not meet the requirements of the

pursuant to § 34,



p) are designated to assist transportation of explosives to blast, to their disposal and destruction

persons in violation of § 35 para. 1 and 4, or in violation of § 35 para. 2 and 4

determined to prepare, launch, disposal or destruction of the explosives for

ohňostrojným works by another person than the Fireworks operators or

, or the destruction or disposal of explosives in the process of their

manufacturing or processing, including research, development or experimental production determines the

the person in violation of § 35 para. 3 and 4.



(4) an administrative offense shall be fined in the



1 000 000 Czk), in the case of an administrative offence referred to in paragraph 2 (a). c), (d)),

(f)), i), (j)) or k),



(b) 2 000 000 Czk), in the case of an administrative offence referred to in paragraph 1 (b). (d)) or

(f)), or in accordance with paragraph 3 (b). a), b), c), (d)), f), (j)), k), (l)), m), (n)),

about) or p)



(c)) $ 5 000 000 in the case of an administrative offence referred to in paragraph 1 (b). and), (b)),

(c)), or (e)), in accordance with paragraph 2 (a). a), b), (e)), g), (h)), or l) or

in accordance with paragraph 3 (b). (e)), g), (h)), or as well).



(5) an administrative offence can be used separately or together with a fine save

the confiscation of explosives. "



Footnote No. 20 and 20a, including links to footnotes

shall be deleted.



33. under § 44a is inserted after section 44b to 44d, including headings and

footnote No 20:



"section 44b



The confiscation of explosives



(1) the confiscation of explosives can be saved, if explosive belongs

the perpetrators of the administrative offense and was for committing an administrative offense taken

or intended, or administrative tort was obtained.



(2) the owner of a forfeited things becomes a State.



§ 44 c



Prevents explosives



(1) if it has not been saved the confiscation of explosives referred to in section 44b para. 1, you can

decide that such explosive occupies, if



and belongs to the offender which) cannot be considered an administrative offence to prosecute, or



(b)) do not belong to the offender of the administrative offense or it does not belong completely and

If it takes the safety of persons or property.



(2) prevents things cannot decide if the hearing holding signs

the administrative offense two years passed.



(3) the owner of the seized things becomes a State.



§ 44d



Common provisions on 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 of the seriousness of the

the administrative offense, in particular, 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

administrative authority about him has not initiated proceedings within 3 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 district mining Office. If it finds a breach of duty in the exercise of

the supervision of the Czech mining Office, administrative offence in the first degree shall be discussed by Czech

mining Office.



(5) The liability for the acts, which took place in the business

person ^ 20) or in direct connection with the applicable provisions of the Act

on the liability of legal persons and sanctions.



(6) the Fines collected and enforced by the authority that is saved. Income from fines is

State budget revenue.



20) § 2 (2). 2 of the commercial code. ".



34. Over the designation of § 45, the following title is inserted:



"PART SEVEN



Common, transitional and final provisions ".



35. In paragraph 45 of paragraphs 3 and 4 are added:



"(3) the authority of the State Mining Authority can



and the manufacturer or distributor) requires the download of explosives or explosive

the subject of the market in the event that an explosive or an explosive item may

endanger the safety of persons, animals or property; in the event of unauthorized

marking of the explosive or an explosive item mark "CE" or other

laid down marking shall be followed by a special Act ^ 20b),



(b)) requires the imposition of explosives or explosive subject to the warehouse of explosives

or their disposal,



(c)) to require controlled organizations supply

an adequate number of samples of explosives to assess the safety of these

products,



(d)) to ensure implementation of the sample analyses to verify quality and safety

products for the purposes of checks provided for in special legislation ^ 13e);

with regard to the explosive, which comply, shall be borne by

the cost of the analyses of the samples of the organization.



(4) in the cases referred to in paragraph 3 (b). a) and b) passes the authority of the State

Mining Authority which issued a decision under paragraph 3, the police of the Czech

the Republic, if not decided that explosives stored or disposed of. ".



36. the following section is inserted after section 45 45a, including footnotes.

20 c:



"§ 45a



(1) If this Act or the regulations issued by the top law to their

the implementation sets out requirements that do not report the requirements laid down

the relevant provisions of Community law, does not apply to these

the requirements for a product which has been manufactured or placed on the market in a

Member State of the European Union or Turkey, in accordance with their laws,

provisions, provided that this product ensures a level of protection

legitimate interest, to the extent appropriate, the achievement of watching this

by law, the top Act or regulations issued in implementation thereof ^ 20 c).



(2) if the competent authority of the State Mining Authority in proceedings under section 8

paragraph. 3 the technical device does not provide a level of protection equivalent

protect the tracks reached the top of the law this law or the regulations

issued in implementation thereof, shall decide on the refusal of requests for extradition

permission to use the underground, after



and the organization wishing to use) will be the technical equipment in the underground

informed in writing of the reasons for which the use of such technical

equipment in the underground,



(b)), the competent authority of the State Mining Administration on the basis of available

technical or scientific evidence has established that the predominant

reasons a legitimate interest and that less restrictive measures cannot be used,



(c) the organization wishing to use) equipment in the underground will be

granted a period of 20 working days to comment on the findings according to the

(a)), or (b)).



20 c) for example, Decree No. 12/1994 Coll., laying down the requirements for the

insulating protective devices with chemically bound with oxygen, Decree

No 74/2002 Coll. on selected electric devices, Decree No.

293/2003 Coll., on detailed conditions and properties of explosives intended

for use in hazardous conditions or in risk environment and the

checking the properties of these explosives, Decree No 415/2003 Coll.

laying down the conditions to ensure the safety and health at

work and safety operation in the vertical transport and walking. ".



Former footnote No. 20 c-20e is referred to as notes

footnote No. 20 d up to 20f, including references to footnotes.



37. section 46 is repealed.



38. the following annex is added:



"Appendix to Act No. 61/1988 Coll.



The scope of the district mining offices circuits



The scope of the district mining offices circuits shall be as follows:



and) the district mining Office in Kladno for the territory of the city of Prague and to

the territory of the region of Central Bohemia,



(b)) the district mining Office in Příbram region South Bohemia for the territory,



(c)) the district mining Office in Pilsen region Pilsen for the territory,



(d)) the district mining Office in Sokolov district in the Karlovy Vary, for



(e)) the district mining Office in most of the region's territory, Ústí nad Labem



(f)) the district mining Office in Trutnov and Hradec Králové for the region's territory

for the territory of the region of Pardubice,



(g)) the district mining Office in Brno for the territory of the Vysočina region and for the territory of the

region of South Moravian,



h) the district mining Office in Ostrava for the Moravian-Silesian region, for

the territory of the region of Olomouc and Zlín for the territory of the region,



I) the district mining Office in Liberec for the territory of the region of Liberec. ".



Article. (II)



Transitional provisions and repeals



1. If the organization do not meet on the date of entry into force of this Act

the conditions for the disposal of explosives laid down by Act No. 61/1988 Coll.

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

effective from the date of entry into force of this Act, are required to the

obligations to meet within 12 months from the date of entry into force of this Act.



2. the authorization issued by the Czech Mining Authority based on § 23 para. 2 of the Act

No 61/1988 Coll. on mining activities, explosives and the State mining

manage, in the version in force until the date of entry into force of this Act,

are to lapse on the expiry of 6 months from the date of entry into force of this

the law.



3. the existing authorisations under part III of Act No. 61/1988 Coll., on

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

effective until the date of entry into force of this Act, applies to the time of the end of

their validity.



4. the Organization, which before the effective date of this Act with

plastic explosives, which does not contain a specified substance, detection

within 3 months from the effective date of this Act to ensure its

the kitchenette or destruction.



5. Decree No 307/2002 Coll., which will determine the scope of the circuits

the district mining offices, is hereby repealed.



PART TWO



Changing the law on misdemeanors



Article. (III)



In Act No. 200/1990 Coll. on offences, as amended by Act No. 337/1992

Coll., Act No. 344/1992 Coll., Act No. 357/1992 Coll., Act No. 67/1993

Coll., Act No. 290/1993 Coll., Act No. 133/1994 Coll., Act No. 84/1995

Coll., Act No. 237/1995 Coll., Act No. 283/1995 Coll., Act No. 288/1995

Coll., Act No. 111/1998 Coll., Act No. 168/1999 Coll., Act No. 360/1999

Coll., Act No. 29/2000 Coll., Act No. 121/2000 Coll., Act No. 132/2000

Coll., Act No. 151/2000 Coll., Act No. 258/2000 Coll., Act No. 361/2000

Coll., Act No. 366/2000 Coll., Constitutional Court declared under no.

52/2001 Coll., Act No. 164/2001 Coll., Act No. 273/2001 Coll., Act No.

254/2001 Coll., Act No. 265/2001 Coll., Act No. 273/2001 Coll., Act No.

312/2001 Coll., Act No. 6/2002 Coll., Act No. 62/2002 Coll., Act No.

78/2002 Coll., Act No. 218/2002 Coll., Act No. 259/2002 Coll., Act No.

285/2002 Coll., Act No. 312/2002 Coll., Act No. 320/2002 Coll., Act No.

218/2003 Coll., Act No. 274/2003 Coll., Act No. 361/2003 Coll., Act No.

47/2004 Coll., Act No. 435/2004 Coll., Act No. 501/2004 Coll., Act No.

559/2004 Coll., Act No. 585/2004 Coll., Act No. 95/2005 Coll., Act No.

379/2005 Coll., Act No. 392/2005 Coll., Act No. 411/2005 Coll., Act No.

57/2006 Coll., Act No. 76/2006 Coll., Act No. 80/2006 Coll., Act No.

115/2006 Coll., Act No. 135/2006 Coll., Act No. 182/2006 Coll., Act No.

213/2006 Coll., Act No. 216/2006 Coll., Act No. 225/2006 Coll. and act

No 226/2006 Coll., section 40 including the title.



PART THREE



The EFFECTIVENESS of the



Article. (IV)



This law shall enter into force on the thirtieth day after the date of its publication.



Vaidya in the r.



Klaus r.



Topolanek in r.