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Changes In Laws In Connection With The Adoption Of The Atomic Act

Original Language Title: změny zákonů v souvislosti s přijetím atomového zákona

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264/2016 Sb.



LAW



of 14 July 1999. July 2016,



amending certain laws in connection with the adoption of the Atomic Act



Parliament has passed the following Act of the United States:



PART THE FIRST



Amendment to the criminal procedure code



Article. (I)



Act No. 141/1961 Coll., on criminal court proceedings (code of criminal procedure), in

amended by Act No. 59/1965 Coll., Act No. 58/1969 Coll., Act No. 149/1969

Coll., Act No. 48/1973 Coll., Act No. 29/1978 Coll., Act No. 43/1980

Coll., Act No. 159/1989 Coll., Act No. 175/1990 Coll., Act No. 303/1990

Coll., Act No. 563/1991 Coll., Act No. 25/1993 Coll., Act No. 115/1993

Coll., Act No. 293/1993 Coll., Act No. 154/1994 Coll., constitutional

the Court declared under no. 214/1994 Coll., Constitutional Court,

declared under the No. 8/1995 Coll., Act No. 152/1995 Coll., Act No.

150/1997 Coll., Act No. 209/1997 Coll., Act No. 148/1998 Coll., Act No.

166/1998 Coll., Act No. 191/1999 Coll., Act No. 29/2000 Coll., Act No.

30/2000 Coll., Act No. 227/2000 Coll., Constitutional Court,

declared under the No. 77/2001 Coll., Act No. 143/2001 Coll., Act No.

265/2001 Coll., Constitutional Court, declared under no. 424/2001 Coll.

Act No. 200/2002 Coll., Act No. 227/2002 Coll., Act No. 320/2002 Coll.

Act No. 218/2003 Coll., Act No. 279/2003 Coll., Act No. 235/2004 Coll.,

Act No. 257/2004 Coll., Act No. 283/2004 Coll., Act No. 539/2004 Coll.

Act No. 585/2004 Coll., Constitutional Court, declared under no.

45/2005 Coll., Constitutional Court, declared under no 239/2005 Coll.

Act No. 394/2005 Coll., Act No. 413/2005 Coll., Act No. 79/2006 Coll.

Act No. 112/2006 Coll., Act No. 115/2006 Coll., Act No. 115/2006 Coll.

Act No. 165/2006 Coll., Act No. 253/2006 Coll., Act No. 321/2006 Coll.

Act No. 170/2007 Coll., Act No. 179/2007 Coll., Act No. 345/2007 Coll.

Constitutional Court, declared under no. 90/2008 Coll., Act No.

121/2008 Coll., Act No. 129/2008 Coll., Act No. 135/2008 Coll., Act No.

177/2008 Coll., Act No. 274/2008 Coll., Act No. 301/2008 Coll., Act No.

384/2008 Coll., Act No. 457/2008 Coll., Act No. 480/2008 Coll., Act No.

7/2009 Coll., Act No. 41/2009 Coll., Act No. 52/2009 Coll., Act No.

218/2009 Coll., Act No. 272/2009 Coll., Act No. 306/2009 Coll., the award

The Constitutional Court declared under no 163/2010 Coll., Act No. 197/2010

Coll., Constitutional Court, declared under no 219/2010 Coll., Act No.

150/2007 Coll., Act No. 181/2007 Coll., Act No. 207/2007 Coll., Act No.

330/2011 Coll., Act No. 341/2011 Coll., Act No. 348/2007 Coll., Act No.

357/2011 Coll., Act No. 459/2011 Coll., Constitutional Court,

declared under the No 43/2009 Coll., Act No. 193/2009 Coll., Act No.

273/2009 Coll., Act No. 390/2009 Coll., Act No. 45/2013 Coll., Act No.

105/2013 Coll., Act No. 141/2014 Coll., Act No. 77/2015 Coll., Act No.

86/2015 Coll., Act No. 150/2016 Coll. and Act No. 163/2016 Coll., is amended

as follows:



1. In section op.81B paragraph. 1, the words "or radioactive material" shall be replaced by

the words "nuclear material or radioactive substance".



2. In Section 87a paragraph 1. 1 the words "radioactive material" shall be replaced by

"the nuclear material or radioactive substances".



PART TWO



Amendment of the Act on the State vocational safety surveillance work



Article II



In section 3, paragraph 3. 2 (a). (b)) of the Act No. 174/1968 Coll., on the State vocational

the safeguards work, as amended by Act No 253/2005 Coll. and act

No 341/2007 Coll., the words "subject to the according to a special legal

Regulation of the supervision of the State Office for nuclear safety "shall be replaced by

"that is the selected devices or their parts under the Atomic

the law ".



PART THREE



Change of the Mining Act



Article. (III)



In section 18 of Act No. 44/1988 Coll., on the protection and utilization of mineral resources

(Act), as amended by Act No. 553/1991 Coll., Act No. 186/2006 Sb.

and Act No. 85/2009 Coll., the following paragraph 4 is added:



"(4) in a protected territory for specific interventions in the Earth's crust provided for

for the storage of radioactive wastes in underground spaces cannot be

to enable activities that could lead to the disruption of insulating barriers

storage space and the contamination of persons or the environment

radioactive substance. ".



PART FOUR



Amendment of the Act on weights and measures



Article IV



Act No. 506/1990 Coll., on weights and measures, as amended by Act No. 121/2000 Coll.,

Act No. 13/2002 Coll., Act No. 134/2002 Coll., Act No. 228/2003 Coll.

Act No 444/2005 Coll., Act No. 482/2008 Coll., Act No. 223/2009 Coll.,

Act No. 155/2010 Coll., Act No. 18/2009 Coll. and Act No. 85/2015 Sb.

is amended as follows:



1. in paragraph 3 of the text at the end of paragraph 6, the words ", in the case of

measuring instruments intended or used for the measurement of ionizing radiation and

radioactive substances in the agreement with the State Office for nuclear

safety ".



2. § 14a, including title and footnote No 2d repealed.



3. in article 23, paragraph 2, including footnote No 2d repealed.



Paragraphs 3 to 5 shall become paragraphs 2 to 4.



PART FIVE



Amendment of the law on the peaceful uses of nuclear energy and ionizing radiation



Article. In



Act No. 18/1997 Coll. on peaceful uses of nuclear energy and

ionizing radiation (the Atomic Act), and amending and supplementing certain

laws, as amended by Act No. 82/1998 Coll., Act No. 71/2000 Coll., Act

No 132/2000 Coll., Act No. 13/2002 Coll., Act No. 312/2002 Coll., Act

No. 320/2002 Coll., Act No. 279/2003 Coll., Act No. 186/2004 Coll., Act

No 1/2005 Coll., Act No. 251/2005 Coll., Act No. 413/2005 Coll., Act

No 186/2006 Coll., Act No. 342/2006 Coll., Act No. 296/2007 Coll., Act

No 124/2008 Coll., Act No. 189/2008 Coll., Act No. 274/2008 Coll., Act

No 158/2009 Coll., Act No. 223/2009 Coll., Act No. 227/2009 Coll., Act

No 249/2007 Coll., Act No. 250/2007 Coll., Act No. 375/2007 Coll., Act

No 350/2012 Coll., Act No. 64/2014 Coll. and Act No. 250/2014 Sb,

be amended as follows:



1. in the title of part I is the first to fourth and sixth including the title and head

footnotes 1, 1b, 1 c, 2, 2a, 3, 3a, 4b, 5, 6, 6a, 6a, 7, 8,

9, 10, 11, 11a, 11b, 11 c, 11 d, 11e, 12, 13, 13a, 13b, 13 c, 13d, 13e,

13F, 14, 15, 16, 17, 18, 19, 19a, 20, 21, 22, 24, 25, 41 and 41 are deleted.



2. The title of part I is deleted.



3. In § 32 para. 2 the words "the general laws ^ 27) ^ 28) about

liability for damage "are replaced by the words" civil code ".



4. In section 34 para. 1, the words ' general legislation on liability

for damage ^ 27) "shall be replaced by the words" civil code ".




5. In section 34 para. 3 the words "implementing regulation lay down" shall be replaced by

"The State Office for nuclear safety (hereinafter referred to as ' the authority ') lays down the

the Decree ".



6. § 36 odst. 1 and 2, the words "liability for nuclear damage"

replaced by the words "the emergence of the obligation to compensate nuclear damage".



7. § 36 odst. 3 the words "insured amount" shall be replaced by "Limit

insurance benefits ".



8. § 36 odst. 5 the first sentence be deleted.



9. In article 38 paragraph 2. 1, the words ", where appropriate, after expiry of the

insurance, if insurance has a longer "shall be replaced by the words"; in

If these time limits begin to run insurance expiry of one year from the

the date of contingency ".



10. In article 38 paragraph 2. 2 the words "pursuant to § 3 (2). 3 (b). (j)), that for nuclear

the damage caused by this event corresponds to the "shall be replaced by the words" that it has

the obligation to compensate nuclear damage caused by this event. "



11. section 46 to 48, including headings and footnotes # 39 to 40

shall be deleted.



12. the annex to the Act is repealed.



PART SIX



Amendment to the law on budgetary rules



Čl.VI



In section 10, paragraph 1. 5 of law No 218/2000 Coll. on budgetary rules and the

changes to some related acts (budgetary rules), as amended by

Act No. 320/2002 Coll. and Act No. 25/2015 Sb., after the word "debt"

the words "and with the exception of the expenditure financed by the funds

According to the account of the nuclear Atomic law ".



PART SEVEN



Amendment of the Act on property in the Czech Republic and its representation in legal

relations



Article. (VII)



In section 11 (1) 1 (b). b) of Act No. 219/2000 Coll., on the Czech property

Republic and its representation in legal relations, the words "with the

radioactive waste management ", the words" and the sources of ionizing radiation ".



Footnote 9 is deleted, including a link to the note under

line.



PART EIGHT



Amendment of the Act on the State to help rebuild the territory



Article. (VIII)



Law No 12/2002 Coll., on the State to help rebuild the territory affected

a natural or other disaster, and on the amendment of Act No. 363/1999 Coll., on the

insurance and amending certain related laws (the law on the

the insurance industry), as amended, (the law on State aid

When you restore the territory), as amended by Act No. 347/2005 Coll. and Act No. 278/2009

Coll., is amended as follows:



1. In article 3, paragraph 3. 2, the number "3" by "4".



2. In section 4, paragraph 2, the following paragraph 3 is added:



"(3) in the event of a radiation accident, the State Office for nuclear

the safety involved in preparing a draft strategy for territory in accordance with

paragraph (2) ".



The former paragraph 3 shall become paragraph 4.



PART NINE



Amendment of the Act on administrative fees



Article. (IX)



Items 106 and 107 of the annex to the Act No 634/2004 Coll., on administrative

fees, as amended by law No 249/2007 Coll., including footnote

# 65:



"Item 106

1. Receipt of the application for authorisation of a ^ 65)

and the location of the nuclear facility) $5,000

(b)) to the construction of a nuclear device CZK 5 000

(c)) the first physical startup

the nuclear reactor of a nuclear installation-$ 3,000

(d)) the first energy startup

the nuclear reactor of a nuclear installation-$ 3,000

(e)) to the commissioning of a nuclear installation

without a nuclear reactor CZK 3 000

(f)) for the operation of a nuclear installation-$ 5,000

(g)) to make changes that affect the nuclear

security, technical security

and the physical protection of nuclear installation CZK 3 000

(h)) to the management of nuclear material CZK 1 000

I) for imports or exports of nuclear items

or transit of nuclear material

and the selected items in the nuclear field $1 000

(j)) to the construction site (IV). category;

In addition to the site of the nuclear installation CZK 5 000

to operate the site to) III. category £ 3,000

l) to operate the site (IV). $5,000 category

m) to the release of radioactive substances

$1,000 from the workplace

n) to the management of radioactive waste

with the exception of the gathering, sorting

and storage of radioactive waste

right next to the originator of the radioactive waste,

who is authorized to deal with it as a

with the open source of the radionuclide Czk 1 000

about to close the storage of radioactive)

waste of $1 000

p) for the full decommissioning of the Eur 1 000

q) to imports of radioactive waste

the resulting in material processing

exported from the United States or its

reverse the transfer from a Member State

Euratom Treaty Eur 1 000

r) to imports of radioactive waste to

The United States, or its transfer

from Euratom Member State for the purposes of

its processing or reuse of CZK 1 000



2. Receipt of the application for authorisation of a ^ 65)

and the individual stages of the eviction)

from the operation of a nuclear installation-$ 1,000

(b)) to each of the stages of decommissioning

from the operation of the workplace III. category

and (IV) workplace. -$ 1,000 category

(c)) to dispose of the radioactive source

radiation-$ 1,000

(d)) for the carriage of radioactive or fissile

Czk 1 000 substances

(e) to perform the relevant service)

in terms of radiation protection of CZK 1 000

(f)) to add radioactive substances into the

consumer product when its manufacture, or

preparation or for the import and export of such

consumer product CZK 1 000

g) to provide the service in a controlled

zone operator workplace IV.

-$ 1,000 category

(h)) to supply building materials on the market of Eur 1 000

I) vocational training and further vocational

preparation of the personnel performing

activities of particular importance in terms of

nuclear safety and radiation protection, Eur 1 000

(j)) to prepare individuals to ensure

the radiation protection of persons whose registration

was carried out according to the Atomic Act, Eur 1 000



3. Receipt of the application for registration-$ 500



Exemption



From the fees referred to in this item is exempt State enterprise, in

the subject of activity is the mining of radioactive minerals or

removal of consequences after extraction of radioactive minerals.

Item 107

1. the decision on approval

packaging files

and) types for the spent nuclear

fuel from nuclear power plants-$ 100 000

(b)) types for the irradiated nuclear fuel

from the research $100 000 nuclear facilities

c) types for the fresh nuclear fuel

for nuclear power plants of 50 000 Czk


d) types for the fresh nuclear fuel

for research nuclear installations 10 000 Czk

e) types for the other radioactive

or a fissile substance CZK 5 000

(f)) in cases of repeated editions

the decision referred to in (a))

up to Czk 1 000 e)



2. Issuance of the document of special professional

eligibility under the Atomic Act Czk 500



3. the issue of the decision on approval

and very significant sources of ionizing)

radiation Czk 5 000

(b)) other sources of ionizing radiation CZK 1 000



4. the issue of personal radiation card € 50



65) Law No 263/2016 Coll., Atomic law. ".



PART TEN



Change to the building Act



Article. X



Act No. 183/2006 Coll., on zoning and the building code (the building

Act), as amended by Act No. 68/2007 Coll., Act No. 191/2008 Coll., Act

No 223/2009 Coll., Act No. 227/2009 Coll., Act No. 281/2009 Coll., Act

No 345/2009 Coll., Act No. 379/2009 Coll., Act No. 424/2010 Coll., Act

No 420/2007 Coll., Act No. 142/2009 Coll., Act No. 167/2009 Coll., Act

No 350/2012 Coll., Act No. 257/2013 Coll., Act No. 39/2015 Coll. and act

No 91/2016 Coll., is amended as follows:



1. In section 13(2). 2 and § 16 para. 2 (a). (d)), after the word "containing"

inserted the word "exclusively".



2. In § 13 para. 2 and § 16 para. 2 (a). (d)), the words ' belonging to the

production units, which includes a nuclear device "shall be replaced by

"nuclear facilities or belonging to a production systems

that are nuclear facilities ".



3. In § 79 paragraph 2. 2 (a). about), the words "nuclear device" shall be replaced by

"construction of storage-related radioactive waste containing

exclusively natural radionuclides or construction, which is nuclear facilities

or belong to the production units, which are nuclear facilities ".



4. In § 103 para. 1 (b). (e)), point 1, the words "nuclear facilities"

replaced by the words "works related to the storage of radioactive waste

containing exclusively natural radionuclides or buildings that are

nuclear facilities or belonging to a production units that are

nuclear facilities ".



5. In section 194 (a). (d)), after the words "containing the word" exclusively "and

the words "pertaining to the operating units, which includes nuclear

device "shall be replaced by the words" that are nuclear facilities or

they belong to the production units, which are nuclear facilities ".



PART ELEVEN



Amendment of the labour code



Article. XI



Act No. 262/2006 SB., labour code, as amended by Act No. 585/2006 Coll.

Act No. 181/2007 Coll., Act No. 261/2007 Coll., Act No. 296/2007 Coll.

Act No. 362/2007 Coll., Constitutional Court, declared under no.

116/2008 Coll., Act No. 121/2008 Coll., Act No. 126/2008 Coll., Act No.

294/2008 Coll., Act No. 305/2008 Coll., Act No. 306/2008 Coll., Act No.

382/2008 Coll., Act No. 286/2009 Coll., Act No. 320/2009 Coll., Act No.

326/2009 Coll., Act No. 347/2010 Coll., Act No. 427/2010 Coll., Act No.

73/2007 Coll., Act No. 180/2007 Coll., Act No. 185/2007 Coll., Act No.

341/2011 Coll., Act No. 364/2007 Coll., Act No. 365/2010 Coll., Act No.

367/2011 Coll., Act No. 375/2007 Coll., Act No. 458/2007 Coll., Act No.

466/2011 Coll., Act No. 167/2012 Coll., Act No. 385/2012 Coll., Act No.

396/2009 Coll., Act No. 399/2009 Coll., Act No. 155/2013 Coll., Act No.

303/2013, Act No. 101/2014 Coll., Act No. 182/2014 Coll., Act No.

250/2014 Coll., Act No. 205/2015 Coll., Act No. 298/2015 Coll., Act No.

377/2015 Coll. and Act No. 47/2016 Coll., is amended as follows:



1. In paragraph 303 paragraph. 1 (b). (b)), the following paragraph 7 is added:



"19. Manage repositories of radioactive waste".



2. In § 347 of paragraph 1. 3 the words "Decree on radiological protection" shall be replaced by

the words "Atomic Act".



Footnote # 99a is hereby repealed.



PART TWELVE



Amendment of the Act on health services



Article. (XII)



Law No. 372/2007 Coll., on health services and conditions of

provision (law on health services), as amended by Act No. 167/2012

Coll., Constitutional Court, declared under no 437/2012 Coll., Act No.

66/2013 Coll., Act No. 303/2013 Coll., Act No. 60/2014 Coll., Act No.

205/2015 Coll., Act No. 47/2016 Coll., Act No. 126/2016 Coll. and Act No.

147/2016 Coll., is amended as follows:



1. In article 16(1). 1 the letter i) including footnote # 15

repealed.



Letters j to l)) are known as letters) to).



2. In article 16(1). 2 (a). and the words ' and) l) "are replaced by the words" and to) ".



3. in article 16 paragraph 1. 2 (a). (c)), the words "to)" shall be replaced by "to j)".



4. In article 16(1). 3 (b). (c)), the words "to)" shall be replaced by "to j)".



5. in section 18 para. 2 (a). and point 7) is repealed.



The former items 8 through 12 shall become points 7 to 11.



6. in the section 18 para. 2 (a). (b) point 1), the words "paragraphs 2, 11 and 12"

replaced by the words "paragraphs 2, 10 and 11".



7. in section 18 para. 2 (a). (b)) point 2, the words "paragraphs 4 to 9" shall be replaced by

the words "paragraphs 4 to 8".



8. in section 18 para. 2 (a). (c)), paragraph 4, the words "paragraphs 3 to 11 are replaced by the

the words "paragraphs 3 to 10".



9. In section 27 para. 3 the words "§ 16 para. 1 (b). l) "are replaced by the words" §

Article 16(1). 1 (b). k) ", the words" § 16 para. 1 (b). (f))) "shall be replaced by

the words "§ 16 para. 1 (b). f) to (j)) ", the words" or permits referred to in §

Article 16(1). 1 (b). h) or (i)) "shall be replaced by" referred to in § 16 para. 1

(a). (h)) ", the words" § 16 para. 1 (b). (j)) "shall be replaced by the words" § 16 para.

1 (b). I) "and the words" section 6, 7 or 9 "shall be replaced by ' paragraph 6 or

8. "



10. In paragraph 108, the following paragraph 4 is added:



"(4) the State Office for nuclear safety checks for compliance with the rules

medical exposure by the provider. ".



PART THIRTEEN



Amendment of the Act on specific health services



Article. XIII



Law No 373/2007 Coll., on specific health services, as amended by

Act No. 167/2009 Coll., Act No. 47/2013 Coll., Act No. 82/2015 and

Act No. 205/2015 Coll., is amended as follows:



1. In § 71 para. 1 (b). e), the words ", irradiating for

medical-legal purposes "shall be deleted.



2. In article 72, paragraph 1 reads:



"(1) medical exposure of patients as part of a non-authentication methods with

medical exposure for which the State is not bound by the opinion is issued

the Office for nuclear safety under section 36, can be carried out in a particularly

justified cases and for use of appropriate techniques to

used only by the corresponding national radiological procedures

standards. ".




3. § 72 para. 3 (b)) shall be deleted.



Subparagraph (c)) to (h)) shall be renumbered as subparagraph (b)) to (g)).



PART OF THE FOURTEENTH



The EFFECTIVENESS of the



Article. XIV



This Act shall take effect on 1 January 2000. January 2017.



in Humble-Arvind from. v. r.



Zeman in r.



Sobotka in r.