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on the explosives precursors and amending Act No. 634/2004 Coll., on administrative fees, as amended later (the Act on explosives precursors)

Parliament has adopted the Act of the Czech Republic:

PART ONE
Explosives precursors

Art. 1
Subject Matter

  1. (1)This Act, in relation to the directly applicable Regulation of the European Union 1), lays down the conditions for placing on the market and use of explosives precursors (hereinafter "Regulation"), the rights and obligations when making available and importing of explosives precursors (hereinafter referred to as "making available "), in their possession, use, and licencing,2) registration3) and reporting4) of them.



(2) This Act does not apply to substances and articles referred to in Article 2, paragraph 2 of the Regulation.



Art. 2
Making available, possession and use of restricted explosives precursors


(1) Restricted explosives precursors shall be made ​​available to, or possessed or used by members of the general public, only on the basis of
a) the licencing regime according to Article 4, paragraph 2, and Article 7 of the Regulation, or
b) registration regime in the cases referred to in Article 4, paragraph 3 of the Regulation.

(2) Restricted explosives precursors can be also offered through the Internet, if
a) there are measures ensuring their making available only those members of the general public who are in possession of a valid licence if their making available is subject to the licencing regime, or


b) there is a registration regime under Article 6, paragraph 1, letter c) of the Act if their making available is subject to the registration regime.


(3) Economic operator6), which allows making available of explosives precursors subject via the Internet prior to its disclosure shall inform the member of the general public about
a) the prohibition of making available such goods without licence if their making available is subject to the licencing regime or


b) the fact that making available is subject to the registration regime if their making available is subject to the registration regime.


(4) The provisions of paragraphs 2 and 3 is valid mutatis mutandis for making available
by mail order.

 

(5) Restricted explosives precursors shall not be made ​​available to members of the general public under the age of 18 years; if this case for these persons can not be issued a licence or registered transactions.


Art. 3
Application for licence

The application for licence according to Article 4, paragraph 2, and Article 7 of the Regulation (hereinafter referred to as "licence") may submit a member of the general public at the District Mining Authority. The application shall include apart from to the general requirements laid down by the Administrative Code

a) the name or names of restricted explosives precursors for which the licence is apllied,

b) the purpose for which the restricted explosives precursors can be used, and

c) the justification for the using of the desired precursor.

 

Art. 4
The decision on licence


(1) The District Mining Authority shall decide about a licence. The District Mining Authority before issuing licence require the binding opinion from the Regional Directorate of the Police of the Czech Republic, according to the place of residence of members of the general public demanding for a licence. The Regional Directorate of the Police of the Czech Republic without delay send to the District Mining Authority its opinion, issued in terms of public order and safety with regard to the credibility of the applicant and the purpose for which they are restricted explosives precursors on use. If they disagree with the issuance of the licence, they justify its opposition. If there is no binding opinion received within 60 days of receipt of the request to the Regional Directorate of the Police of the Czech Republic to the District Mining Authority, there is valid the Regional Directorate of the Czech Republic agrese with issuing of the licence. The District Mining Authority sends decision on licence also to the Czech Mining Authority.


(2) The District Mining Authority shall reject the application in the case of binding dissenting opinions of the Regional Directorate of the Police of the Czech Republic. The decision to reject the application shall also be sent to the Czech Mining Authority.


(3) The licence is valid for 3 years from the coming into force and is not transferable. The name or names of restricted explosives precursors and the purpose for which the restricted explosives precursors will be used or other conditions from the point of view of public order and safety shall specify in licence in addition to the general requirements laid down therein the administrative order if the Regional Directorate in its approvals the following conditions shall specify.



(4) An owner of the license shall notify without undue delay, but no later than within 60 days, to the District Mining Authority that issued the licence, any substantial change in the facts under which the licence was issued.




Art. 5

Termination of and a withdrawal of the licence

  1. (1)The licence expires 3 years from the coming into force or the death of the holder.



(2) The District Mining Authority shall withdraw the issued licence if


a) was granted on the basis of false information,


b) has not complied with any of the conditions specified in the licence, or


c) there has been a substantial change in any of the facts under which the licence has been issued.

(3) The decision on withdrawal of licence shall also be sent to the Czech Mining Authority.



Art. 6
Obligations of economic operators and members of the general public

  1. (1)The operator, which makes available to members of the general public restricted explosives precursors shall


a) ensure fulfillment of the obligations under Article 5 of the Regulation,
b) verify, pursuant to Article 4, paragraph 6 and 7 of the Regulation validity of the licence, with the exception of explosives precursors, which are subject to registration regime,
c) to register the transactions referred to in Article 8 of the Regulation,
d) record every making avalilable restricted explosives precursors members of the general public made ​​pursuant to the licence, including the licence number and the identity card of the member of the general public; provisions of Art. 8 shall apply mutatis mutandis, and
e) issue the member of the general public certificate of registration of the transaction.

  1. (2)A member of the general public is required prior to the acquisition of precursors subject to present to the economic operator
  2. a)identification card and the licence, or


b) in the case of restricted explosives precursors under Article 4, paragraph 3 of the Regulation to allow the registration of transactions by providing data under Article 8, paragraph 2 of the Regulation.



(3) In the event that a member of the general public does not fulfill the obligation under paragraph 2, the economic operator may not make available of explosives precursors.


(4) The operator shall notify the Czech Mining Authority each launch of a new product type, containing restricted explosives precursors on the Czech market, including its chemical composition and the trade name.



(5) The economic operator, which produces substances a mixture of substances listed in the Annexes to the Regulation, shall immediately notify the Czech Mining Authority and the Police of the Czech Republic


a) suspicious transaktion7) pursuant to Article 9, paragraph 1 of the Regulation or attempted,
b) significant loss or theft of explosives precursors referred to in Article 9, paragraph 4 of the Regulation.



(6) The economic operator shall make a rekord about any making avalilable of rectricted explosives precusors on the basis of the licence on the pros of the licence.


(7) A member of the general public is required to deposit a certificate of registration pursuant to paragraph 1 letter e) over 5 years.





Art. 7
Unmarked products

The control authority finds that the packaging of a product containing restricted explosives precursors are not clearly stated that the management of such a product is available either on the basis of a valid licencet or on the basis of registration, it shall promptly notify it to the District Mining Authority.



Art. 8
Records of registered transactions

(1) The administrator of records of transaction registered under Article 6, paragraph 1, point. c) of the Act is the operator who makes available restricted explosives precursors to member of the general public.


(2) The records referred to in paragraph 1 shall be private; the administrator shall ensure the protection of data kept on file and provide data from the records at the request of the Czech Trade Inspection, State Mining Administration, the Czech Police and Intelligence Services.


(3) The operator processes the data to the extent and in the manner provided in Article 8, paragraph 2 to 4 of the Regulation.




Art. 9

Contact Point and registration of information on explosives precursors


(1) The Czech Mining Authority is within the meaning of Article 9, paragraph 2 of the Regulation contact point, which the operator is required to submit information pursuant to Article 6 paragraph 5 of the Act.

 

(2) The Czech Mining Authority shall maintain a central register of information on explosives precursors. These records are not open to the public and contains information about


a) suspicious transactions and attempted of them,

b) refusals of licences,
c) licences issued,
d) decision revoking the liecences, and
e) significant loss or theft of explosives precursors listed in Annexes I and II of the Regulation.

(3) Recorded data referred to in paragraph 2 provides the Czech Mining Authority, other public authorities, it is necessary to fulfill a specific task in ensuring
a) security of the Czech Republic,
b) defence of the Czech Republic,
c) public order and internal security, or
d) the prevention, search, crime detection and prosecution of criminal offenses.




Art. 10
Performance of the State Administration

(1) State administration under this Act shall be executed by
a) the District Mining Authotities,
b) the Czech Mining Authority,
c) the Czech Trade Inspection.

(2) The District Mining Authorities
a) make decision on permit applications and make decisions about its withdrawal in cases specified by law,
b) carry out checks on the basis of notifications pursuant to Article 7of the Act.


(3) The Czech Mining Authority
a) perform the tasks of the contact points, including keeping records of suspicious transactions
b) perform the duties of a Member State to the European Commission under the Regulation,
c) maintain a list of products containing precursors to explosives subject to restrictions and publishes it on its website,
d) maintain a central register of information on explosives precursors.


(4) The Czech Trade Inspectorate checks whether the operator
a) verifies with access to explosives precursors subject to the limitations of the authorization granted, if permission to access necessary
b) shall register the transaction with access to explosives precursors subject to restrictions set forth in Article 4, paragraph 3 of the Regulation
c) records the disclosure of precursors subject persons from the general public made ​​on the basis of a valid permit.

 

 

Art. 11
Offences


(1) A natural person as a person from the general public commits an offense that


a) holds or uses explosives precursors subject to restrictions in the Czech Republic in contravention of Article 2, paragraph 1of the Act, or has evidence of the registration in accordance with Article 6, paragraph 7 of the Act,
b) give false information in an application for a permit under Article 3 of the Act, or notifies material change in any of the factors under Article 4, paragraph 4 of the Act,
c) as the holder of the permit fails to fulfill any of the conditions specified in the licence.


(2) The offense is a fine of up to CZK 50,000 in ticket proceedings in 5000 CZK.




Art. 12
Administrative offenses of legal persons and entrepreneurs


(1) A legal person or a natural person as an economic entity commits an administrative offense by
a) allow access to explosives precursors subject to restrictions without valid permission or without authorization, or allow access to explosives precursors subject to restrictions person from the general public under the age of 18,
b) contrary to Article 6 paragraph 1 letter. a) of the Act comply with the obligation under Article 5 of the Regulation,
c) contrary to Article 6 paragraph 1 letter b) of the Act not validated in accordance with Article 4, paragraph 6 and 7 of the Regulation of validity of the licnece, with the exception of explosives precursors, which are subject to registration,
d) contrary to Article 6 paragraph 1 letter c) of the Act not register a transaction or contrary to Article 8 paragraph 3 of the Act does data on it under Article 8 of the Regulation, or leads them incompletely,
e) contrary to Article 6 paragraph 1 letter d) of the Act does not record disclosure precursors subject persons from the general public made ​​under permit or incomplete results,
f) contrary to Article 6 paragraph 1 letter e) of the Act fails to issue a certificate of registration transactions
g) contrary to Article 6 paragraph 4 of the Act notifies the launch of a new product type, containing explosives precursors subject to restrictions on the market, or fails of its chemical composition,
h) contrary to Article 6 paragraph 5 of the Act has notified without undue delay suspicious transaction or attempted suicide referred to in Article 9, paragraph 1 thereof, or significant loss or theft of explosives precursors referred to in Article 9, paragraph 4 of the Regulation
i) contrary to Article 8 paragraph 3 of the Act does not process the data of registered transactions in accordance with Article 8, paragraph 2, 3 and 4 of the Regulation or
j) contrary to Article 15 paragraph 2 of the Act does not pass the Czech Mining Authority a list of the types of products that are on the market and contain restricted explosive precursors.

 

(2) An administrative offense shall be fined up to 100,000 CZK.



Art. 13
Common provisions on administrative offenses


(1) A legal person or a natural person as an operator for an administrative delict if it proves that it made every effort that could be required to breach of legal duty.

(2)In determining the amount of the fine, it shall be taken into consideration the importace of the administrative offense, especially the manner of its commission and its consequences and the circumstances under which it was committed.



(3) The liability of legal persons for an administrative offense if the administrative authority has not initiated proceedings within 3 years from the date on which it learned about it, but not later than 5 years from the date on which it was committed.

(4) The liability for conduct that occurred in the business of a natural person or in direct connection with, the provisions of the law on liability and sanctions for legal persons.

(5) Administrative offenses under this Act shall be dealt Czech Trade Inspection, with the exception of administrative offenses pursuant to Article 12 paragraph 1 letter d), f) and h) of the Act , which discusses the Czech Mining Authority and in accordance with Article 11 of the Act offenses and administrative offenses pursuant to Article 12 paragraph 1 letter b) of the Act pending before the District Mining Authorities.

(6) Penalties are levied by the authority which appointed him. Revenue from fines is the income of the state budget.



(7) The administrative offense pursuant to Article 11 paragraph 1 letter a) of the Act or Article 12 paragraph 1 letter a) of the Act can be coupled with a fine save forfeiture of explosives precursors. Forfeiture of explosives precursors can be saved if the precursors to explosives belonged to the administrative offense and the offender was committing an administrative offense to use or intended, or administrative offense was obtained. The forfeited explosives precursors becomes the State to dispose of the forfeited precursor of explosives at the expense of the offender.


Art. 14
Transitional provisions

(1) Possession and using of restricted explosives precursors by members of the general public, made ​​available to such persons before the effective date of this Act, it is possible to 2 March 2016.

(2) The economic operator whose products containing restricted explosives precursors were on the market at the date of entry into force of this Act, shall submit to the Czech Mining Authority a list of the types of products, including their chemical composition and the trade name before 31 January 2015.




PART TWO
Amendment to the Act on Administrative Fees

Art. 15

Letter „l“ will be supply into section 1 item 60 of Annex to Act No. 634/2004 Coll., on administrative fees, as amended by Act No. 148/2010 Coll., which reads:
"l) licence for the handling of restricted explosives precursors CZK 300."



PART THREE
EFFICIENCY

Art. 16
This Act comes into force by 15th day after his publication.

Naposledy změněno čtvrtek, 08 leden 2015 09:28

Kontaktní místo pro oznamovaní podezřelých transakcí,
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