451/2016 Sb.
LAW
of 30 March 2004. November 2016,
amending Act No 61/1988 Coll. on mining activities, explosives and the
the State Mining Administration, as amended, and Act No.
83/2013 Coll., on labelling and traceability of explosives for civil
the use of the
Parliament has passed the following Act of the United States:
PART THE FIRST
Amendment of the law 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., Act No. 342/2006 Coll., Act No. 296/2007 Coll.
Act No. 376/2007 Coll., Act No. 124/2008 Coll., Act No. 189/2008 Coll.,
Act No. 274/2008 Coll., Act No. 223/2009 Coll., Act No. 227/2009 Coll.,
Act No. 281/2009 Coll., Act No. 155/2010 Coll., Act No. 184/2011 Sb.
Law No 375/2007 Coll., Act No. 18/2009 Coll., Act No. 64/2014 Sb.
Law No 250/2014 Coll., Act No. 204/2015 Coll., Act No. 206/2015 Sb.
Act No. 320/2015 Coll., Act No. 91/2016 Coll. and Act No. 243/2016 Coll.
is amended as follows:
1. In article 1 (1). 1 the introductory part, the words ' the provisions of the European
Community ^ 1) "shall be replaced by the words" European Union "^ 1") ".
Footnote 1:
"1) directive of the European Parliament and of the Council of the EU of 28/26. February
2014 on the harmonisation of the laws of the Member States relating to the
the delivery of explosives for civilian use on the market and supervision of
(recast).
European Parliament and Council Directive 2005/36/EC of 6 May 1999. July
2005 on the recognition of professional qualifications. ".
2. In article 1 (1). 1 (b). (b)), the words "and with explosive articles" are deleted.
3. In article 1 (1). 3 (b). a), the words "explosive objects and widgets"
be deleted and the words "armed forces of the United States," are the words
"Military police".
4. In section 1 (1). 3 (b). (b)), the words "explosive objects and widgets"
shall be deleted.
5. In section 1 (1). 3 (c)), including footnote # 24:
"(c)) of the explosive found the bomb the exploration, and smokeless
dust, black powder and matches, which are kept in accordance with the law on
weapons ^ 24) a natural or legal person for the purpose of reloading bullets
for your own personal use or use in arms or entrepreneur in the field of
weapons and ammunition for the purpose of sale,
24) Act No 119/2002 Coll., on firearms and ammunition (law on
weapons), as amended. ".
Footnote # 1 h shall be deleted, and that including a link to the note under
line.
6. In article 7 (2). 2, the last sentence, including footnote No 6
repealed.
7. in article 10, paragraph 7, including footnote No. 8b shall be deleted.
Paragraphs 8 to 10 shall be renumbered as paragraph 7 to 9.
8. in article 15, paragraph 2. 1, after the words "dispose of old mine workings"
the words "as well as during the inspection or maintenance of dismantled mining
works ".
9. in section 18 para. 1 the words "investor, owner of the mining works and citizens"
replaced by the words "legal and natural persons".
10. in section 21 para. 1 (b). a), the words "and military ammunition ^ 1 h)" are replaced by
the words "^ 24), ammunition and pyrotechnic articles ^ 23)."
11. In paragraph 21, the dot at the end of paragraph 1 is replaced by a comma and the following
the letter l) is added:
"l) processing of explosives manufacturing operations or their sequence, which
the explosive shall be subject to, if the final product is not explosive, in particular
production of the pyrotechnic article, ammunition or ammunition containing
explosive. ".
12. in article 21 paragraph 2 reads as follows:
"(2) in case of doubt, whether it is blasting, is decided by the Czech mining
the Office. In case of doubt, whether it is an explosive, is decided by the Czech mining
the Office, which also will require to do so, in particular, representation of the Ministry of the Interior,
The Ministry of defence and the Czech Office for arms and ammunition. "
13. in section 22 paragraph 2 reads as follows:
"(2) the organization is required to ensure the safety of the work environment and
working conditions in the handling of explosives or tools and
to provide for their application sufficiently easy to understand guides;
the organization is also obliged to demonstrably familiar with the content of these instructions
the relevant workers. The Organization, which supplies aid on the market, shall transmit to the
help document on its properties and how to use it in
Czech language. ".
14. in section 22 para. 5, the last sentence is replaced by the phrases "Report
the initiation, suspension or termination of the above activities must
contain, in addition to the General requirements for filing pursuant to the administrative code also
indicate the type of activities and the identification of the establishment or the place of implementation of the
the activities of the organizations. The announcement of their activities are not required in
the case of activities carried out by the Organization on the basis of the concession in the range
business "research, development, production, processing, destruction,
disposal, purchase, sale and storage of explosives "in the establishment
which features in the trade register, if the business
permission was repealed. ".
15. in section 22 paragraph 13 and 14 read as follows:
"(13) Organizacemůže handled with plastic explosives, which
contains the detection of ^ 13 c) substance, whose nature and quantity laid down detailed
legislation, and just such a mad can supply on the market
or otherwise provide.
(14) the limits referred to in paragraph 1 shall not apply to mad,
that is manufactured or kept exclusively for the
and) purposes of scientific research, development or testing of new or modified
explosives,
(b) training in the detection of) the purposes of explosives or manufacture or testing of equipment
for the detection of explosives, or
(c)), judicial and forensic science purposes. ".
16. in section 22, the following paragraph 15 to 18 shall be added:
"(3) an organization that has to produce or hold by mad
paragraph 14, shall be issued to the activity agreement. Consent issues
The Czech mining Office. The request of the Organization on the issue of consent must
In addition to the General requirements according to the code of administrative procedure and documents
justification showing that the conditions referred to in paragraph 14 (a). a) to
(c)), the indication of the quantity and type of the relevant plastic explosives and documents
about the fact that after their activity has ensured that the Organization
proven track record of destruction or tagging your unused plastic
explosives. On the issue of consent is not a legal right.
(16) organization is in the production, processing, research, development, testing,
storage, destruction or disposal of explosives required to further
and) establish and comply with the operating documentation for each activity,
b) prevent the entry of unauthorized persons to places where you shall be treated with
explosives, and to prevent illegal carrying of explosives from them,
(c) to provide support and safe) the handling of explosives,
(d)) to lay out the work in such a way that they were not employees exposed to
increased risk of injury to health, or to avoid risks
the safety and health of workers,
e) maintain order and cleanliness in the workplace and in its immediate
around,
(f)) use of open flames, hot objects, as well as
prevent the introduction of objects, which could cause adverse
the explosive conversion of explosives, to places where the explosives are handled,
If it eliminates the character of the activity, and
g) ensure the protection against dangerous effects of external influences.
(17) the types and quantities of detection of substances referred to in paragraph 1, as well as the contents of the
operational documentation, requirements to ensure the safety and protection of the
occupational health and safety in accordance with paragraph 16 provides for the Czech
mining Office by Decree.
(6) development, production, repair, modification, degradation and destruction of ammunition
or ammunition, including demilitarization of ammunition, which are treated with
explosives, also means for the manufacture or processing of explosives according to
This Act. ".
17. section 23, including the title reads as follows:
"article 23 of the
Additional terms and conditions for the disposal of explosives
(1) the Czech Mining Authority can issue a binding opinion on the application for the concession
"Research, development, production, destruction, purchase, sale and storage of explosives, and
processing and disposal of ammunition, explosives, and degradation
demilitarization of ammunition and blasting "in the scope of the subject
"research, development, production, processing, destruction, disposal,
purchase, sale and storage of explosives, "according to the Trades Licensing Act ^ 13d).
When issuing binding opinions in the first sentence, the Czech mining Office
assesses whether the Organisation for the operation you want to do your own
or under a contract secured
and the building or area used) for this activity, in accordance with the building
by law, and
(b)) equipment needed for the exercise of this activity.
(2) the management of explosives is in terms of this Act
shall be entitled to
and) organization based in the territory of the United States or a foreign person
established or resident in a Member State of the European Union, which is
She holds the concession for the operation of business in the total or partial
the range of "research, development, production, processing, destruction, disposal,
purchase, sale and storage of explosives and blasting "
(b)) organization based in another Member State of the European Union temporarily
providing services in the territory of the Czech Republic under the conditions of the law on freedom of
movement of services, if it is in the Member State of the European Union, in which the
registered office, entitled to the handling of explosives,
(c)) of the Organization, referred to in the decision under Section 25b, 25 c or 25 d as
the carrier, operating in the field of franchised business road
motor transport or in the trades and technical activities in freight forwarding
transport or equivalent foreign person established or resident in another
Member State of the European Union in the case of the carriage of explosives in accordance with this
the law,
(d)) the administration of State material reserves, in the case provided for in § 25 para. 1
(a). (b)),
e) public university or a legal person established under the law and aimed
research and development is based in the Czech Republic or established by the public
research institutions in carrying out their educational tasks within the
an accredited program of study and research and expert's testimony
tasks, or
(f)) of the organization that is the notified body located in the territory of the United
Republic or with a registered office in a Member State of the European Union with
a branch within the territory of the Czech Republic in the case of performance of the tasks in the framework of the
conformity assessment according to the law on conformity assessment of specified products
or by an accredited person established on the territory of the Czech Republic in the area of
State testing. ".
18. section 24, including footnote No 25:
"§ 24
If the conformity of the explosive from the notified body which does not have a registered place of
on the territory of the Czech Republic according to the legislation governing
conformity assessment of specified products ^ 25), the notified body for
explosives based on the territory of the Czech Republic before first use
the explosives on the territory of the Czech Republic at the request of an organisation to verify compliance
the instructions for using it with the requirements laid down by the legislation of the
Of the Czech Republic.
25) Act No. 90/2016 Coll., on conformity assessment of specified products
made available on the market.
Government Regulation No. 97/2015 Coll. on technical requirements for
explosives. ".
Footnote # 13e shall be deleted, and that including a link to the note
below the line.
19. In article 25, paragraphs 1 and 2, including the footnote # 26 and 27 are added:
"(1) acquisition or transfer of explosives is possible only on the basis of the authorization.
On the issue of the permit shall be decided by the Czech mining Office on the basis of submitted
request. The applicant can only be the organization that will be the recipient
the explosives. A permit is not required for
and acquisition and transmission) of smokeless powders, black powder and matches
If they are intended for the manufacture of ammunition or use in arms
the law on weapons ^ 24) to be acquired or transmitted under the terms and
not exceeding in amount or its appointed under the terms of the law governing
control of trade in products that have a holding in the Czech Republic restricts
for security reasons, ^ 26),
(b)) the acquisition of explosives into State material reserves; this explosive can
Administration of State material reserves to provide only the institutions and bodies
referred to in article 1 (1). 3 (b). and)
(c)) the acquisition of explosives as part of its withdrawal from the market or from circulation
saved by a decision of the supervisory authority referred to in the rules relating to
conformity assessment of specified products ^ 25) or directly applicable
the rules relating to market surveillance ^ 27), as well as for the acquisition of
explosives notified body or an accredited person, for the purpose of
tests ordered by the supervisory authority, in accordance with these legal
legislation or this Act, or in the case of regulation measures in accordance with §
paragraph 45. 3.
(2) the applicant may apply for an authorisation for single or repeated
the acquisition or transfer of explosives. One permit can be repeated
the acquisition or transfer of explosives only allow between one applicant and
one vendor. Authorization shall be valid for a maximum period of 3 years, if not in it
set time will be less.
26) Act No. 228/2005 Coll., on the control of trade in goods, possession of
in the Czech Republic restricts for security reasons, and amending
certain acts, as amended.
27) European Parliament and Council Regulation (EC) no 765/2008 of 9 July.
July 2008 setting out the requirements for accreditation and supervision of
market related to the marketing of products and repealing Regulation
(EEC) No 339/93 '.
20. In article 25, paragraph 3 shall be deleted.
Paragraph 4 becomes paragraph 3.
21. Section 25a including title:
"§ 25a
Requirements for an application for an authorisation for the transfer and acquisition of explosives
(1) the applicant in the application, in addition to the General requirements under the administrative code
shall indicate the
and your phone number), if applicable, fax number or e-mail address,
(b) the vendor's) identification of explosives, according to the administrative code and number
his phone or fax number or e-mail address,
(c)) identification of explosives, according to the carrier's administrative code and number
his phone or fax number or e-mail address,
(d)) method of passing or acquisition of explosives and the route of transportation of explosives,
e) expected date of transfer or acquisition of explosives,
(f) the period of validity of the permit),
g) quantity of explosives to be subject to a permit,
h) full description of explosives, which consists of UN numbers, classification
code, a trade name or Naming Convention under Annex A of the European Agreement
concerning the international carriage of dangerous goods by road (ADR), name, or
business name and registered office of the manufacturer and the details about whether the explosive
bear the CE mark ^ 25), and
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). (d)), and (e)). ".
22. § 25b including title:
"§ 25b
The decision to grant an authorisation for the transfer and acquisition of explosives
The decision on authorisation to acquire or transfer of explosives in addition to General
requirements under the administrative code contains
information on the applicant) pursuant to section 25a paragraph 1. 1 (b). and)
b) details of the supplier pursuant to section 25a paragraph 1. 1 (b). (b)),
(c)) the data on the carrier under section 25a paragraph 1. 1 (b). (c)),
(d)) the data according to § 25a paragraph 1. 1 (b). (d)), if this law
required,
(e)) the data according to § 25a paragraph 1. 1 (b). (e)), if this law
required,
f) the period for which the authorisation is issued,
(g) the quantity of explosives) and their full description under section 25a paragraph 1. 1 (b). (h)),
h) purpose, instead of using explosives and place of storage of explosives,
I) additional conditions, if necessary from the security interests of the United
Republic. ".
23. in section 25 c, paragraphs 1 to 6, including footnote # 28:
"(1) to the export and import of explosives explosives, requires a permit. On the issue of
the authorization shall be decided on the basis of the request, the Czech mining Office. Authorisation to
export is not required for smokeless powder, black powder and matches
If they are intended for the manufacture of ammunition or use in arms,
exported under the conditions directly applicable European Union legislation
governing the export authorisation measures for the import and transit of firearms
weapons, their parts, components and ammunition ^ 28). An import permit shall
not required for smokeless powder, black powder and matches, if they are
intended for the production of ammunition or use in arms, are imported under
the terms of the law governing the control of trade in goods, possession of
in the Czech Republic restricts for security reasons ^ 26).
(2) an application for an export permit of explosives from the United States, or about
import permits for explosives serves the exporter or importer, that is
entitled to dispose of explosives in accordance with § 23 para. 2 (a). a), b), (d)) to
(f)). the applicant may apply for an authorisation for single or repeated
export or import explosives. One can re-export or permit
the importation of explosives only allow between one applicant and one
by the supplier. Authorization shall be valid for a maximum period of 3 years, if not in it
set time will be less.
(3) the applicant in the application for the authorization to export or import, in addition to the General
requirements under the administrative code shall be
and your phone number), if applicable, fax number or e-mail address,
(b)) in the case of export, the name or business name and registered office of the acquiring
the Organization and its phone number, or fax number, or
e-mail address, and the same information to the end-user, if known,
c) in the case of imports, the name or business name and address of the supplier and
his phone number, or fax number, or e-mail address, and
the purpose, place of use and place of storage of explosives,
d) identification of the carrier of explosives and his phone number
where applicable, fax number or e-mail address,
(e)) how to export or import of explosives and explosives shipment route,
f) expected date of export or import explosives,
(g)) the period for which you want to permit,
h) full description of the explosive in accordance with section 25a paragraph 1. 1 (b). (h)), and
I) quantity of explosives to be exported or imported.
(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). e) and (f)).
(5) the applicant shall attach to the request
and a certified copy of the document of) safety for natural persons
performance sensitive activities or physical person in accordance with a valid certificate
rules relating to the protection of classified information,
(b)) in the case of exports, the document of the final use in the original no
older than 90 days, or a certified copy thereof, and at the same time in his officially
certified translation into the Czech language; This document contains
1. the name of the State in whose territory the place of final use
explosives,
2. the name of the authority which issued it
3. the trade name or name and address, or the name or names,
last name and address of the end user,
4. a full description of the explosive substances pursuant to section 25a paragraph 1. 1 (b). (h)),
5. information on the final use of explosives,
6. antireexportní clause containing the condition of consent of State authorities
The United States with the possible re-export to third countries and
7. date of issue of the document of the final use, and the possible duration of its
force, the name or names, surnames and stamp and signature
authorised representative to the authority of the foreign State, which issued the document, and
c) safety data sheet explosives, develops the right
of the applicable legislation of the European Union governing the registration, evaluation,
authorisation and restriction of chemical substances, where appropriate, the information allowing the
safe use of the article, not to the safety data sheet,
does not have when the Czech mining Office of the request for permission to export
lodged in the past 3 years.
(6) the decision to grant an export or import of explosives in addition to General
requirements under the administrative code contains
and) identification of the applicant in accordance with the administrative procedure and, pursuant to paragraph 3
(a). and)
(b)) in the case of export, the particulars provided for in paragraph 3 (b). (b)),
c) in the case of imports, the data referred to in paragraph 3 (b). (c)),
d) details of the carriers referred to in paragraph 3 (b). (d)),
e) the period for which the authorisation is issued,
(f)) for a complete description of exported or imported explosives referred to in § 25a paragraph 1. 1
(a). (h)),
g) quantity of explosives, to be exported or imported,
(h)) the data referred to in paragraph 3 (b). e) and (f)), if this law
required,
I) in the case of export transit countries through which the shipment does not allow of
because of the international situation, particularly the embargo or State of war,
j) in the case of exports, the antireexportní clause containing the condition of consent
the State authorities of the Czech Republic with possible re-export to third countries
and
for other conditions, it is) if it is necessary for security or foreign
the political interests of the United States.
28) European Parliament and Council Regulation (EU) No 257/2012 of 14.
March 2012 on the implementation of article 10 of the Protocol of the United
Nations Convention against the illicit manufacturing of firearms, their parts, components
and ammunition and trafficking, supplementing
the United Nations against transnational organised crime (Protocol
The UN Firearms Protocol), which provides for an export permit and the measures
for the import and transit of firearms, their parts and components and
ammunition. ".
24. in section 25 c, paragraph 9 is added:
"(9) if the opinion of the authorities concerned in accordance with paragraph 7 of the classified
information, shall be kept part of the file in which the information is
contained, separately outside the file. ".
25. In section 25 c of paragraph 1. 10, the words "Supervisory Board" shall be replaced by "of the supervisory
the authority ".
26. in section 25 d at the end of paragraph 1, the following sentence "the authorisation shall
not required in the case of transit smokeless black powder and dust
matches according to the law on weapons ^ 24), if they are intended for the manufacture of
arms or ammunition, or under the law governing the control of trade in
products, possession of which is in the Czech Republic restricts for security
the reasons ^ 26). ".
27. in section 25 d, paragraphs 2 to 4 shall be added:
"(2) the authorization referred to in paragraph 1 requests the organization referred to in paragraph
23 para. 2 (a). a) to (c)). In addition to the General requirements under the request
administrative order shall state the
and your phone number), if applicable, fax number or e-mail address,
(b) the recipient) identification of explosives and his phone number
where applicable, fax number or e-mail address,
(c)) the identification of the supplier of explosives and his phone number
where applicable, fax number or e-mail address,
d) identification of the carrier of explosives and his phone number
where applicable, fax number or e-mail address,
e) expected date and route of 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,
f) the period for which you want to permit,
g) quantity of explosives to be transported, and
h) full description of the explosive in accordance with section 25a paragraph 1. 1 (b). (h)).
(3) to the application, the applicant shall be accompanied by the consent of neighboring state with access to the
its territory, if that State requires it.
(4) authorisations for transit contains
and) identification of the applicant in accordance with the administrative procedure and, pursuant to paragraph 2
(a). and)
(b)) information referred to in paragraph 2. (b)),
(c) the information referred to in paragraph 2) (a). (c)),
d) information referred to in paragraph 2. (d)),
e) the period for which the authorisation is issued,
(f) the quantity of explosives), which are to be transported, and their full description
pursuant to section 25a paragraph 1. 1 (b). (h)),
g) date and place of entry into the territory of the Czech Republic and the date and place
exit from the territory of the Czech Republic; obligations under paragraph 25f are not
without prejudice to,
h) route of transit of explosives through the territory of the United States. ".
28. in section 25e para. 1 introductory part of the provisions, the words "the authority of the State
Mining Authority "shall be replaced by the words" the Czech mining Office. "
29. in section 25e para. 2 the words "the competent authority of the State Mining Administration"
replaced by the words "the Czech mining Office."
30. In section 25e para. 3 of the introductory part of the provisions, the words "authorities of the State
mining authority granted permission may "shall be replaced by" Czech mining
the Office may permit granted ".
31. in paragraph 25f paragraph 1 reads:
"(1) the organization that is carrying the explosive in the case brought by the
on the territory of the Czech Republic, or organization that is the holder of the authorisation
of transit, transfer or import in the case of Unstarted to
the territory of the United States, is required to notify the Police transport of explosives
Presidium of the Czech Republic through the electronic system
enabling remote access. The notification shall contain
and) number of the authorisation to acquire, transfer, import, export or transit
explosives, its date of issue, as regards transport policy implemented in
the framework of such an authorization,
(b)) identification of organisations, among which or within which the
the transmission is carried out, acquisition, export, import, transit and transport
explosives,
(c) the shipment route and address) of the places from where the explosives are to be
transported,
d) quantity of explosives to be transported, and their description
It consists of a UN number, classification code and commercial name of the explosive
or the naming of the annex and the European Agreement concerning the international carriage of
transport of dangerous goods by road (ADR),
e) means of transport, means of transport, the particulars of the carrier, the connection to the
operation of means of transport or the person responsible for the transport of
explosives on the territory of the United States, and the identification data of the transport
resource, in particular location data and registration marks that
the police of the Czech Republic will allow continuous monitoring of its current
position, and
(f)) of the date, place and time of departure of the transport, or the date, place and time of the entry
on the territory of the Czech Republic.
The announcement is to be made at least 24 hours before loading or
the entry of means of transport within the territory of the Czech Republic. If there is a
vehicle equipped with a device referred to in paragraph 2, the notification is
must be made at least 1 hour before or entering
means of transport within the territory of the Czech Republic. Transport of explosives
nespotřebovaných during blasting works, you can notify by phone, and it
at least 1 hour prior to its implementation, regardless of the fact whether the
the means of transport is or is not equipped with a device referred to in paragraph 2. '.
32. In paragraph 25f para. 6, after the words "types of explosives", the words "including
their trade names ".
33. In section 25 paragraphs 1 and 2, including footnote # 29:
"(1) the organization is required to
and) to ensure that an authorisation to acquire, transfer, export, import or
the transit of explosives was transported along with the explosives, all the time
transportation ^ 13a) from place of departure to the place of destination and, upon request,
presented to the authorities of the customs administration of the Czech Republic, the authorities of the police of the Czech
Republic or the authorities of the State Mining Authority; obligation referred to in the first sentence,
also applies to the permit issued by the authority of the Member State of the European Union ^ 29),
and
(b)) keep authorizations for the transfer, acquisition, export, import or
the transit of explosives, and other related documents for at least 10 years
Since the last transmission, acquisition, export, import or transit
explosives under the permit.
(2) the organization is further required to the authorities referred to in paragraph 1 (b). and)
at their request, to disclose information relevant to the acquisition, transmission,
export, import or transit of explosives and present them with papers entitling the
Organization to use explosives in these activities.
29) Article. 11 of the directive of the European Parliament and of the Council 28/EU. ".
34. In section 25 g para. 5, the words "district mining offices" are replaced by the words
"The Czech Mining Authority" and the words "data on the organisation in the range of data
referred to in section 25a paragraph 1. 1 and 2 "shall be replaced by the words" their identification
data, phone, fax numbers or e-mail addresses provided in the
the request for authorization to acquire, transfer, transit,
export or import of explosives ".
35. In section 25 h of paragraph 1. 3, after the words "Foreign Affairs", the words "and
The security intelligence service ".
36. section 25 k:
"§ 25 k
Request for authorisation to acquire, transfer, export, import or transit
explosives shall be made on a form, a model of the Czech mining Office shall publish
manner allowing remote access. ".
37. section 29 reads:
"§ 29
(1) to produce, process or store explosives or to carry out research,
development, testing, destruction or disposal of explosives can be used only in
the construction, which may be used for this purpose in accordance with the final building approval,
certificate of occupancy or a consent or permit changes in the purpose of use
construction works under the building Act, or on the areas designated in accordance with
the decision to change land use pursuant to the building Act. The obligation to
in the first sentence shall not apply to the manufacture of explosives and a mobile unit
preparing explosives in the place of consumption for their direct charge to the
the bore hole.
(2) when blasting works of large-scale explosives that may have
be used on a one-time basis, temporarily stored in the open air,
However, for a period of not more than 48 hours before the blasting. Organization
preparation for blasting explosives is stored in the first sentence
shall take the necessary measures against adverse action of
weather effects, against theft of explosives and to ensure the protection
of persons and property from unwanted explosion of explosives. Storage of explosives
in the open air and the measures carried out, the organisation shall immediately
notify the Regional Directorate of the police of the Czech Republic the
places of storage of explosives.
(3) After the period strictly necessary for the execution of blasting explosives can be
keep even in special úschovnách set up at the workplace.
Conditions of operation, location, and perform special vaults of explosives
down by a decree of the Czech mining Office. ".
38. The heading above section 30 is repealed.
39. section 30 to 32, including footnotes # 17 and 18 shall be added:
"section 30
(1) a Building for the storage of explosive substances (hereinafter referred to as "warehouse of explosives"), as well as
the building intended for the research, development, production, processing, testing, destruction
or disposal of explosives, or area designated for these purposes,
must be located and constructed so that they do not compromise the safety and
occupational health and safety in the handling of
explosives and ensure the security around these buildings,
and by ensuring that the construction or desktop) against theft or misuse of explosives,
(b)) using the appropriate design of the building or area,
(c) the design and construction) using materials with surface treatment
meeting the technical requirements depending on the nature of the construction,
(d) provision of safe escape routes),
e) ensuring safe heating, ventilation, and the supply of technological
raw materials,
(f) ensuring protection against unsafe) effects of external influences and
g) protection around the barricades or other equivalent protection,
If it is necessary, and keeping the safety distance between the
individual buildings or areas, which are intended for the management of
explosives under this paragraph, and by observing the safety
the distance of these structures or areas from other structures.
(2) the technical requirements for the location and design of the buildings and areas referred to in
paragraph 1 shall be determined by a decree of the Czech mining Office.
(3) the organisation shall provide the authority with data on spatial planning
the protection of the area pursuant to paragraph 1. (f)), when it comes to security
distance.
section 31
(1) the UK explosives placed
and) in the mining area the district mining Office,
(b)) in other cases, the competent authority in accordance with the building Act ^ 17)
accordance with the opinion of the district mining Office.
(2) the documentation ^ 18) warehouse of explosives in mining activities in mining
the space below the surface, shall be accompanied by (i) sketch the location of the warehouse
explosives designating the adjacent groundwater and surface of objects,
ventilation system and protection against fire, explosion and manifestations of the mountain
pressures.
(3) the Structures for the production, processing, research, development, testing, destruction or
disposal of explosives placed in the Building Authority in accordance with the
a binding opinion of the district mining Office.
§ 32
(1) warehouse of explosives according to § 31 para. 1 (b). and), as well as its modification,
use, change of use or removal of permits at the request of the district
mining Office; the district mining Office may also in cases provided for
zoning laws ^ 17) require ex officio, must be safety work
the necessary adjustments, perform maintenance work, clearing or deleting
warehouse of explosives.
(2) a warehouse of explosives according to § 31 para. 1 (b). (b)), its change of use,
change in the use of permits at the request of or in the cases provided for by the construction
the law directs ex officio the authority competent under construction
^ 17) Act in accordance with the opinion of the district mining Office.
The binding opinion of the district mining Office shall not be required in the case of
the removal of the building regulation magazine.
(3) the application for authorisation of a warehouse of explosives referred to in paragraph 1 shall
it attaches to the
and) project documentation in accordance with the legislation on the documentation of buildings,
b) sketch the location of the warehouse of explosives on the surface, indicating the
distance from neighbouring buildings, underground from neighbouring mines.
(4) the structures for the production, processing, research, development, testing, destruction and
disposal of explosives, their changes of use or change of use
enables on-demand or in cases provided for by zoning laws
directs ex officio the authority competent under the building Act ^ 17)
accordance with the opinion of the district mining Office. Binding
the opinion of the district mining Office shall not be required in the case of regulation
delete listed buildings.
17) Law No 183/2006 Coll., on zoning and the building code
(the building Act), as amended.
18) Decree No 499/2006 Coll., on documentation of buildings, as amended by Decree
No 62/Sb. ".
40. section 33 is repealed.
41. In § 36 odst. 6, after the words "production and processing of explosives"
the words "as well as the requirements for qualifications and competence
workers in their manufacture, processing, research, development, testing,
storage, "and the words" generally binding legal regulation "are replaced by the
the word "Decree".
42. In section 36, paragraph 7 shall be deleted.
The present paragraph 8 shall become paragraph 7.
43. section 36b:
' paragraph 36b
(1) the district mining offices shall maintain a register of organisations in their
territorial districts on the territory of the United States loaded with explosives.
Evidence leads to the extent pursuant to § 22 para. 5. The central register of
organisations that on the territory of the United States are engaged in explosives,
leads the Czech mining Office, which the district mining offices for these purposes
continuously provide data from their records.
(2) the Czech mining Office keeps records of issued and valid authorisation to
the acquisition, transfer, export, import and transit of explosives, as well as
Register of revoked and permissions with suspended. Details
It also provides for the exercise of their activities to the district mining offices.
(3) the Evidence referred to in paragraphs 1 and 2 are non-public; the authorities of the State mining
management of them provide information on request to the Member States of the European Union,
The Commission, the police of the Czech Republic, the Office for foreign relations and information
and security information services. ".
44. section 36 c and 36 d, including title deleted.
45. In section 40 para. 2, after the word "allow" is inserted after the word "acquisition".
46. In paragraph 2 of section 40. 5 letter e) including footnote # 30:
"e) is the supervisory authority under the law governing the assessment of the
the conformity of the product and the technical requirements laid down for the products ^ 30),
or by directly applicable European Union legislation governing
market surveillance ^ 27), in the case of explosives and accessories,
30) Act No. 90/2016 Coll., on conformity assessment of specified products
made available on the market.
Act No. 22/1997 Coll., on technical requirements for products and amending and
supplementing certain acts, as amended.
Act No. 102/2001 Coll., on general product safety and amending certain
laws (law on general product safety), as amended
regulations. ".
Footnote # 18f is hereby repealed.
47. In section 40 para. 6 the letter g) is added:
"g) cooperate with the Commission and the Member States of the European Union in the field of
explosives, in particular on Exchange of information relating to organizations that
have the authority to dispose of the explosives and which permit
the acquisition, transfer, transit, import and export of explosives. "
48. In paragraph 40, the dot at the end of paragraph 6 is replaced by a comma and the following
the letter i), which read as follows:
"i) deliver opinions on the politics of territorial development and urban policy
development. ".
49. In § 41 para. 2 the letter j) is added:
"j) carry out the scope of the other building authorities in cases
laid down by law, issued binding opinions under this Act, and
In addition to formulate opinions on zoning and regulatory plans ".
50. the heading of section 44 is repealed.
51. In section 44 para. 1 letter f) is added:
"(f)) in contravention of section 22 paragraph 1. 1 does not flow when in contact with explosives with
the utmost caution, or fails to comply with regulations on the management of explosives
or instructions on the use of explosives to do anything to jeopardize your safety
or safety of other persons or property. ".
52. In § 44a para. 1 letter e) is added:
"(e)) will not pass along with proof of its properties and instructions
its use in accordance with section 22 paragraph 1. 2, ".
53. In § 44a is at the end of paragraph 1, the period is replaced by a comma and the following
the letter g) is added:
"(g)) be treated with explosives with the instructions for use in violation of § 24.".
54. In § 44a para. 3 (b). a) after the word "reports" is added to the word
"production".
55. In § 44a para. 3 letters e) and (f)):
"e) is treated with plastic explosives, which does not include the substance in the detection
contrary to section 22 paragraph 1. 13 or 14,
(f) breach of the requirement to ensure the) safety and health at work
or safety in the handling of explosives in accordance with the implementing
the legislation issued on the basis of § 22 para. 17 or section 27 para.
6. "
56. In § 44a para. 3 letters j) to (n)) shall be added:
"j) fails to comply with the obligation of notification according to § 25f para. 1, 4 or 6,
k) contrary to section 25f para. 2 does not ensure that the means of transport
for the carriage of explosives by road was laid down by the
cases, equipped with a device that allows a continuous monitoring of its
motion, or throughout the transport equipment has been entered into the system
motion tracking and it registered,
l) contrary to section 25 para. 1 (b). and) does in the carriage of
together with the explosive was carried or presented
appropriate authorization,
m) contrary to section 25 para. 1 (b). (b) does not retain the authorisations provided for)
period of time,
n) contrary to section 28a of the paragraph. 2 uses in risk conditions or
explosive risk environment without a permit, ".
57. In § 44a of the dot at the end of paragraph 3 is replaced by a comma and the following
the letter q) is added:
"q) contrary to section 25 para. 2 do not notify the competent authorities of the requested
information or fails to submit the required documents. ".
58. In § 44a para. 4 (b). (b)), the words "d) or (f))" shall be replaced by "d)
f) or (g)) "and the words") or p), "are replaced by the words"), p) or q), ".
59. In paragraph 44d paragraph. 5, footnote No. 20 be deleted, including the
a reference to a footnote.
60. In paragraph 45 of paragraphs 3 and 4 are added:
"(3) the authority of the State Mining Authority may order the destruction or destruction
the explosives, which does not meet the requirements established by this Act.
The Organization, which holds such explosives, it is required to carry out as follows
ordered measures at his own expense.
(4) the provisions of this Act relating to explosives and at the same time relationships to
the Member States of the European Union regarding whether or not relations to Contracting States
The agreement on the European economic area and the Swiss Confederation ".
Footnote b is deleted.
61. section 46 reads as follows:
"§ 46
(1) the Czech mining Office may, at the request of an organisation to consent to
departures from the technical requirement provided for by the implementing
Regulation issued under this Act, if a sufficient
level of safety and health at work and the safety of operations, and
at the same time if the
and compliance with technical requirement is) due to the local conditions
demanding and unreasonable target that technical requirement or
(b)) new knowledge in science and technology allow you to fulfill the objective pursued
technical requirement in any other way.
(2) the request shall, in addition to the General requirements under the administrative code
contain
and) the reasons for granting approval referred to in paragraph 1 and
(b)) the draft replacement measures to ensure the safety and health protection
at work and the safety of operations.
(3) the Czech mining Office may, in a decision pursuant to paragraph 1 save
conditions, if it is necessary to ensure the safety and protection of health
at work and the safety or the protection of legally protected interests,
in particular, the protection of life, health and property. On the issue of the decision referred to in
paragraph 1 is a legal claim. ".
Article II
Transitional provisions
1. Authorisation to acquire, transfer, export, import and transit certificates issued
According to Act No. 61/1988 Coll. on mining activities, explosives and
the State Mining Administration, in the version in force before the date of entry into force of
This Act shall remain in force for a period of time in them.
2. the suspension and withdrawal of authorisation to acquire explosives
issued under section 25e para. 2 and 3 of Act No. 61/1988 Coll., as amended by
effective before the date of entry into force of this Act, is entitled to the district
mining Office, which issued the permit.
3. The accounting records kept pursuant to section 33 of Act No. 61/1988 Coll., as amended by
effective before the date of entry into force of this law, the Organization continues to
shall keep for a period of 3 years from the date of entry into force of this Act.
4. the proceedings initiated before the date of entry into force of this law shall be completed
According to Act No. 61/1988 Coll., in the version in force prior to the date of acquisition
the effectiveness of this Act.
PART TWO
Amendment of the Act on the labelling and traceability of explosives for civil
the use of the
Article. (III)
Act No. 83/2013 Coll., on the labelling and traceability of explosives for
civilian use, is hereby amended as follows:
1. In article 1, paragraphs 1 and 2 shall be added:
"(1) this Act incorporates the relevant provisions of the European Union), and in ' ^ 1 '
relation to recording and traceability of explosives governs the obligations of
organizations handling explosives and the scope of the bodies of State
Administration.
(2) Explosives for the purposes of this Act, the substances and articles of
where so provided by the law governing the handling of explosives ^ 2). ".
2. In article 1 (1). 3 (b). and), after the words "armed forces of the United States,"
the words "military police".
3. in section 1, paragraph 4, including footnote No. 4 reads as follows:
"(4) for the purposes of this Act, the legal and
individual entrepreneur, the law governing the
waste explosives ^ 4).
4) § 3a of Act No. 61/1988 Coll. on mining activities, explosives and
the State Mining Administration, as amended. ".
4. In section 1, the following paragraph 5 is added:
"(5) the provisions of this Act relating to explosives and at the same time relationships to
the Member States of the European Union regarding whether or not relations to Contracting States
The agreement on the European economic area and the Swiss Confederation ".
5. section 2 is repealed.
6. In paragraph 3, the words "an unequivocal indication ' shall be replaced by" unique
designations under the provisions governing technical requirements for
explosive ^ 5) "and the words" persons active in the explosives sector ' shall be replaced by
the word "organization".
Footnote # 5 reads as follows:
"5) Act No. 90/2016 Coll., on conformity assessment of specified products
made available on the market.
Government Regulation No. 97/2016 Coll. on technical requirements for
explosives. ".
7. paragraph 4, including the title reads as follows:
"§ 4
Record-keeping and traceability of explosives
(1) the organisation shall keep a register of explosives, with which it treats, and
in such a way that it is an overview of how
and in what amount) out of the species including the trade name has been
the explosive made from that organisation or person has been obtained, and when
This was done,
(b)) at what point in your organization is located or for which
employees than the next, passed, consumed or destroyed, and
(c)) that the person was passed and when it was made, or how it was
loaded and which the employee, when and at what point this was done.
(2) subject to the traceability of explosives under the provisions governing
technical requirements for explosives ^ 5), is an organization that treated her,
required to register pursuant to paragraph 1 is supplemented with unique identification of each
such explosives.
(3) each explosive is registered separately according to its nature, and
If there is a trade name, as well as the trade name, or must
registration allow at least sort records in this manner. Evidence is
results in paper or electronic form means ensuring
the indelible registration record and to prevent the unauthorised recording,
or a combination of them, so that the data are reproducible.
(4) each accounting record contains the date of its completion and, in the case
an accounting record in documentary form must be signed by the person to
establish; registration record in electronic form shall allow
identify the person who made it. The accuracy of an accounting record
must be confirmed by the next present or in any other way
laid down by the organization. Registration record shall not delete or
rewrite; in the case of repairs, the registration record shall be crossed out so that
remained readable, or to register in electronic form
allow his views, and a new registration record shall indicate to the new
line. Part of the evidence are also evidence receipt, issue, or
consumption of explosives, in particular in the transport document, write about the blast, or
write about the destruction of explosives under special legislation.
(5) the organisation shall keep a register of all the time, that with
the device disposes of, and keep it for a period of at least 10 years from the date of
the acquisition, manufacture, the use of explosives or any other of the last act with the
explosives, and is required to ensure that data retained
were still reproducible. Period referred to in the first sentence shall not apply to
retention of records of the explosives, which after its manufacture is subject to additional
the manufacturing or processing operations, research, development, testing, destruction and
the disposal of the same organization that produced it; time for storage
such evidence provides for the Organization, but may not be less than 3 years
Since the last act with the explosive.
(6) the organisation shall establish an internal regulation of the way management
evidence of explosives under paragraphs 1 to 5, in particular, how the preparation
an accounting record, determine the persons entitled to its completion and time for
retention of records referred to in paragraph 5, second sentence, and this internal
prescription to follow.
8. in paragraph 4, the following new paragraph 4a, which including the title:
"§ 4a
Common provisions for recording and traceability of explosives
(1) the organization is required to
and registration in accordance with § 4) to protect against the loss, accidental or malicious
damage to, or destruction of, in particular, to back it up for its renewal,
(b)) at regular intervals established by the organisation, but at least
Once a month, to compare the registered amount of explosive with the actual
the status and result of this comparison, and writes these entries after
for at least 10 years after their acquisition,
(c)) at regular intervals established by the organisation, but at least
Once a year, check whether the evidence referred to in paragraph 4, including
marking of explosives for the purpose of the traceability of functional and
reproducible, and on these checks, lead, and writes these entries
store for at least 10 years of their acquisition.
(2) the organisation shall provide without delay at the request of the authorities of the
the State Mining Administration, the authorities of the police of the Czech Republic or the authorities
law enforcement information from the register under section 4, in
any period of time; for this purpose the organization is required to tell them to
request the name or names, surnames and contact details of the person
that can provide this information even outside working hours.
(3) any person who finds that the evidence does not meet the requirements of this Act,
It is obliged to immediately notify the organization that such records
maintains or stores. If the Organization finds that the actual condition of the explosive
does not match the condition specified by evidence, it is obliged to immediately report
Police of the Czech Republic.
(4) in the case of the demise of the Organization passes the insolvency administrator or the
the liquidator registration in accordance with article 4 the competent authority with the district mining Office,
that it keeps until the expiry of the period referred to in section 4, paragraph 4. 5. the obligation
pass the registration to the competent authority shall apply mutatis mutandis with the district mining Office
also apply to the person who manages the estate in the event that after the death of
entrepreneurial natural persons in trade pursuant to the trade
the law does not continue. "
9. in § 5 para. 3 (b). (d)), the words "the data collected they passed in
the cases referred to in section 4, paragraph 4. 3 "shall be replaced by the words" register them
passed in the cases referred to in section 4A(1). 4. "
10. In article 6, paragraphs 1 and 2 shall be deleted.
Paragraphs 3 to 5 shall be renumbered 1 to 3.
11. In paragraph 6 of paragraph 1 reads:
' (1) is guilty of an administrative offense, by
and does not register the explosives), pursuant to section 4, paragraph 4. 1,
(b)) keeps records of explosives in violation of § 4 para. 2, 3, 4, or 5,
c) contrary to section 4 (4). 6 does not provide for internal regulation of the manner of keeping
evidence of explosives or such internal regulations,
(d)) does not protect against loss of records, accidental or malicious damage
or destruction under section 4A(1). 1 (b). and)
(e) fails to fulfil any of the obligations) under section 4A(1). 1 (b). b) or c)
(f)) does not provide, at the request of any of the information referred to in section 4A(1). 2,
g) contrary to section 4A(1). 3 does not report the Police of the Czech Republic, the
the actual condition of explosives does not match the State according to the evidence, or
h) fail to comply with corrective measures imposed pursuant to § 5 para. 3 (b). b).".
12. in section 6 (1). 2, the words "paragraphs 1 to 3 shall be replaced by" paragraph
1. "
13. in section 6 (1). 3, the words "paragraphs 1, 2 or of paragraph 3 (b). and) or
g) "shall be replaced by" paragraph 1 (b). and), b) or (h)) ".
Article IV
Transitional provision
The retention of data on explosives collected under section 4 of Act No.
83/2013 Coll., in the version in force before the date of entry into force of this
law, shall continue to be governed by Act No. 83/2013 Coll., in the version in force prior to the
the effective date of this Act.
PART THREE
COMMON PROVISIONS
Article. In
This Act has been notified in accordance with the directive of the European Parliament and of the
Directive 98/34/EC of 22 December 2004. June 1998 on the procedure for the provision
information in the field of standards and technical regulations and rules on services,
the information society, as amended.
PART FOUR
REGULATION (EEC)
Čl.VI
Shall be deleted:
1. Decree No 153/2008 Coll., on the forms of applications for Community designs
authorizations for the transfer, acquisition, export, import and transit of explosives.
2. Decree No. 378/2008 Coll., laying down the approval process
plastic explosives that do not include the detection of the substance.
3. Government Regulation No. 84/2013 Coll., on the unique requirements
the marking of explosives for civilian use.
PART FIVE
The EFFECTIVENESS of the
Article. (VII)
This Act shall take effect on the 15th day following its publication.
Hamáček in r.
Zeman in r.
Sobotka in r.
