156/2000 Coll. ACT of 18 May 2000 on the checking of firearms

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156/2000 Coll.

ACT of 18 May 2000 on the checking of firearms, ammunition and pyrotechnic articles and on amending the Act No

288/1995 Coll., on firearms and ammunition (the Firearms Act), as amended by Act No 13/1998 Coll. and by Act No 368/1992 Coll., on administrative fees, as amended

Amendment: 119/2002 Coll.

Amendment: 227/2003 Coll.

Amendment: 444/2005 Coll.

Amendment: 36/2008 Coll.

Amendment: 148/2010 Coll.

Amendment: 281/2009 Coll.

Amendment: 18/2012 Coll.

The Parliament has resolved to pass this Act of the Czech Republic:

PART ONE

CHECKING OF FIREARMS, AMMUNITION

AND PYROTECHNIC PRODUCTS

TITLE I

BASIC PROVISIONS

Section 1

Subject Matter

This Act incorporates the relevant Regulations of the European Communities and, following the directly applicable Regulation of the European Communities, 1) it governs a) the rights and responsibilities of the manufacturers, importers, exporters, distributors and repairers of firearms, ammunition or pyrotechnic products (hereinafter referred to as “monitored persons”), as well as the rights and responsibilities of the holders of firearms certificates when they are being checked, b) the performance of state administration while checking firearms, ammunition and pyrotechnic products, the allocations of the tasks arising from an international treaty binding on the Czech

Republic, 4) and the related inspection activity.

Section 2

Basic Terms

(1) For the purposes of this Act, the terms below have the following meanings: a) examined products mean the defined firearms and defined ammunition, b) checking means the activity that, through technical testing, measuring and test shooting, ascertains the characteristics of the products examined, the conformity with technical requirements laid down for

them (Section 4) and the proof mark labelling of the products specified (Section 19), as well as checks whether the product is an explosive or a pyrotechnic product, 4a) c) manufacturer is the one who designs or manufactures the examined products or pyrotechnic products or their essential components, or the one who has had such a product designed or manufactured, in order to place it on the market under his business name, name, first name and surname, trademark or other distinctive marking; even the one who modifies such products is deemed to be the manufacturer of examined products, d) importer of examined products is the one who places the examined products coming from abroad, including Member States of the European Union, on the market in the Czech Republic, or who represents a manufacturer that is not based in the territory of the Czech Republic, e) distributor is the one who, under his business activities, sells the examined products and pyrotechnic products, acts as an agent in selling them, or otherwise supplies them to the market or provides them to users, f) exporter is the one who exports the examined products from the Czech Republic, g) repairer is the one who primarily rectifies defects of the firearms defined, alters their characteristics according to an order, or carries out their maintenance, modification, assembly or adjustment, h) placing on the market

1. for examined products, this means every handover or an offer of handover, made for consideration or for free, of the product for it to be distributed or used, or a transfer of the title to the examined products by the manufacturer, importer, distributor or repairer in the Czech Republic,

2. for pyrotechnic products, this means delivering an individual product or otherwise making it available, for the first time, to the market of the European Union, for consideration or for free, for it to be distributed or used, i) importer of pyrotechnic products is a person established in the territory of the European Union who, under his business activities, supplies, for the first time, pyrotechnic products from non-Member States of the European Union (hereinafter referred to as “third countries”) to the market of the European

Union.

(2) The types of firearms and their components that are subject to checking 4b (hereinafter referred to as “defined firearms”) include: a) shooting arms, which include

1. shotguns,

2. rifles,

3. arms equipped with rifle barrels and shotgun barrels (hereinafter referred to as “combined arms”),

4. arms with limited kinetic energy,

5. disposable arms,

6. historical arms, replicas and imitations of historical arms that are fit for shooting,

7. ballistic measuring devices designed to ascertain ballistic values (such as pressure, dispersion, velocity of the projectile),

8. flare guns,

9. soporific darting equipment,

10. expansion devices where the primary source of energy is an explosive substance (slaughterhouse devices, riveting devices, forming devices, hurling devices, etc.),

11. expansion weapons, which include acoustic weapons, gas guns and granule guns, b) gas arms, which include

1. air guns,

2. pneumatic air guns,

3. guns using carbon dioxide or other gas or an air cartridge,

4. paintball guns,

5. hurling weapons,

6. soporific darting equipment,

7. expansion devices with gas as the primary source of energy, c) firearm parts that constitute the essential components of the arms as well as bottom screws of firearms loaded from the muzzle of the barrel.

(3) The types of ammunition and its components that are subject to checking 4c) (hereinafter referred to as “defined ammunition”) include a) ammunition for shooting arms, which includes

1. factory-made or factory-recharged rounds,

2. factory-made projectiles,

3. factory-made cartridge cases,

4. factory-made primers, b) ammunition for expansion devices, which includes

1. factory-made working cartridges,

2. gunpowder tablets, c) ammunition for expansion weapons, which includes

1. factory-made acoustic cartridges,

2. factory-made gas cartridges,

3. factory-made granule cartridges, d) ammunition for gas arms – factory-made projectiles, e) propellant powder – propellant (smokeless and black powder) designed for use in ammunition and in firearms, f) ammunition parts required for assembling a round or a cartridge if supplied to the market separately.

(4) Pyrotechnic products mean products containing explosive substances or a mixture of explosive substances that do not include blasting agents or military explosives except black powder or flash composition designed to produce heat, light, sound, gas, smoke or a combination of such effects through self-sustained exothermic chemical reactions. Pyrotechnic products are divided into a) fireworks of categories 1, 2, 3 and 4, b) theatrical pyrotechnic products of categories T1, T2, or c) other pyrotechnic products of categories P1, P2.

(5) The person with expertise under this Act is a natural person of at least 18 years of age who is a holder of the certificate of expertise to handle pyrotechnic products under this Act for categories 4,

T2 and P2.

Section 3

This Act does not apply to a) the defined firearms and ammunition designed for research, development and testing if the Czech

Proof House for Arms and Ammunition (hereinafter referred to as the “Proof House”) confirms such determination,

b) mechanical firearms, c) the examined products or pyrotechnic products that are taken into ownership by and kept in the arsenal of the armed forces of the Czech Republic, 5b) armed security forces, intelligence services of the

Czech Republic, or armed forces or corps of other countries when these are stationed on the territory of the Czech Republic, are crossing the Czech Republic’s state border and passing through the territory of the Czech Republic or flying over the territory of the Czech Republic under specific legislation 5c) or under an international treaty binding on the Czech Republic, d) the examined products or pyrotechnic products made or imported for the Proof House’s needs for it to carry out the activities laid down in Section 17, e) the firearm rounds created by persons, authorised thereto under specific legislation, for their own needs if created from parts of the ammunition complying with the provisions of this Act, f) the firearms kept for museum or collection purposes or activities, 5d) not intended or used for shooting, and been registered for these purposes or activities by the relevant police unit, g) the pyrotechnic products designed for

1. marine equipment subject to specific legislation 5e) ,

2. equipment intended for use in the aerospace industry,

3. percussion caps intended specifically for toys and falling within the scope of specific legislation concerning the safety of toys.

Section 4

Technical and Safety Requirements for Examined Products

(1) The technical requirements for examined products (hereinafter referred to as “defined technical requirements”) are deemed to have been met if these products, when placed on the market and as long as being in use, meet the requirements laid down by legislation or, unless such legislation exists, meet the requirements laid down by Czech technical standards. These products must be able to function in the way they are intended, and must not, if the conditions set out by the manufacturer or importer are followed, endanger the health, life or property of their respective users or the natural environment (hereinafter referred to as “safety”).

(2) Conformity with the defined technical requirements for examined products is expressed by labelling the product with a proof mark after it has been checked (Section 19(1)).

Section 4a

(1) The manufacturer may place a pyrotechnic product on the market if it meets the essential safety requirements specified in the implementing legislation.

(2) If the pyrotechnic product meets the relevant provision a) of the harmonised European standard to which a reference is published in the Official Journal of the

European Union, b) of the harmonised Czech technical standard that adopts the standard pursuant to a), or c) of the foreign technical standard in a Member State of the European Union that adopts the standard pursuant to a), which refers to the relevant essential safety requirement, it is understood that such essential safety requirement has been met. This does not apply if the reference has been withdrawn from the Official Journal of the European Union.

TITLE II

CHECKING OF EXAMINED PRODUCTS AND PYROTECHNIC PRODUCTS

Checking of Defined Firearms

Section 5

(1) The defined firearms are checked by a) approval, b) unit verification, or c) repeated unit verification.

(2) The check pursuant to paragraph 1)(a) to (c) is not to be performed for the defined imported firearms before they are placed on the market if these are labelled under an international treaty binding on the Czech Republic.

4)

Section 6

(1) The approval of the defined firearms is the process where, after checking two units of each type of the defined firearm, a certificate of approval is issued to certify that a) the type of the defined firearm complies with the defined technical requirements, b) the technical and accompanying documentation is complete [Section 18(3)(a)] and c) the monitored person has the calibrated measuring devices and tools available and has the technical inspection system in place to the extent to be determined by a Decree of the Ministry of Industry and

Trade (hereinafter referred to as the “Ministry”).

If some of the above requirements is not met, the Proof House will refuse to issue the certificate of approval for the defined firearm.

(2) Of the defined firearms, the following ones are subject to approval a) shooting arms designed for shooting with Flobert-type rounds with a chamber diameter of up to 5 mm inclusive and a length of up to 15 mm inclusive, or those with a chamber diameter and length of up to 6 mm inclusive, where the primer composition of the round is the only propelling charge, providing the projectile with an energy of up to 7.5 J inclusive at the muzzle of the barrel, b) expansion weapons and expansion devices designed for rimfire percussion ammunition of a calibre of up to 6 mm inclusive and a cartridge case length of up to 7 mm inclusive, c) gas arms with a projectile’s kinetic energy of up to 10 J inclusive at the muzzle of the barrel.

(3) The approval is not required for the defined firearms stated in paragraph 2 if the same manufacturer or importer places no more than five units of the arms on the market in one year; in that event, the arms are subject to unit verification.

(4) Unless hereinafter provided otherwise, the certificate of approval expires on the date stated in the certificate, but no later than two years after its date of issue. No later than three months prior to the expiry of the certificate, the manufacturer or importer may apply for extending the certificate for no longer than two years. To this end, the manufacturer or importer will apply for checking five units of each type of the approved firearm by the unit verification method in order to ascertain whether these types comply with the defined technical requirements.

Section 7

The checking of the defined firearms by the unit verification method is a process to check and provide evidence, by means of labelling each defined firearm with a unit verification proof mark, that the firearm meets the defined technical requirements. Unit verification is carried out for all defined firearms except approved arms. The details of the Proof House’s procedure of checking the defined firearms by the unit verification method will be set out by the Ministry’s Decree.

Section 8

The repeated checking of the defined firearms by the unit verification method is a process identical to the unit verification, and is carried out if the defined firearm fails to meet the defined technical requirements when checked by the unit verification method and is returned to the manufacturer or importer after being labelled with the Proof House’s identification mark (Section 19).

After meeting the defined technical requirements, the defined firearm will be labelled with a unit verification proof mark. The details of the Proof House’s procedure of repeatedly checking the defined firearms by the unit verification method will be set out by the Ministry’s Decree.

Checking of Defined Ammunition

Section 9

(1) The defined ammunition is checked by a) type examination, or b) inspection.

(2) The check is not to be performed for the defined imported ammunition before it is placed on the market if the ammunition is labelled with proof marks under an international treaty binding on the Czech Republic.

4)

Section 10

(1) The type examination of the defined ammunition is a process to check and provide evidence, by issuing a certificate of type examination of the ammunition, that a) the ammunition type meets the defined technical requirements, b) the technical and accompanying documentation is complete and c) the monitored person qualifies for conducting the manufacture checks to the extent defined by the

Ministry’s Decree.

If some of the above requirements is not met, the Proof House will refuse to issue the certificate of type examination for the defined ammunition.

(2) Unless hereinafter provided otherwise, the certificate of type examination of ammunition expires on the date stated in the certificate, but no later than three years after the date of issue unless the manufacturer or importer applies for an inspection of the defined ammunition before the certificate expires.

Section 11

The inspection of the defined ammunition is a process to check conformity with the defined technical requirements under which the certificate of type examination of the ammunition was issued.

If this check detects deviations from the defined technical requirements, the certificate will be

withdrawn in an administrative procedure. If the defined technical requirements are met, the certificate will be extended for no longer than 3 years.

Checking of Pyrotechnic Products

Section 12

(1) Pyrotechnic products are checked by conformity assessment.

(2) Conformity assessment means a process to assess the pyrotechnic product’s conformity with the defined essential safety requirements for pyrotechnic products. If the procedure according to paragraph 3 demonstrates that the pyrotechnic products meet the defined essential safety requirements, the Proof House will issue the certificate to the proposer.

(3) The conformity of pyrotechnic products will be assessed by one of the following procedures: a) the EC type-examination (Module B), with the pyrotechnic product manufacturer to choose subsequently from among the conformity to type (Module C) or the production quality assurance

(Module D) or the product quality assurance (Module E), b) the unit verification (Module G), or c) the full product quality assurance procedure (Module H), insofar as it concerns fireworks of category 4.

Section 13

(1) At trade fairs, exhibitions and demonstrations, it is only allowed to show and use the pyrotechnic products not in conformity with the requirements laid down for pyrotechnic products by this Act and by the implementing legislation provided that a visible sign clearly indicates the name of the trade fair, exhibition or demonstration in question and non-conformity with the requirements laid down for pyrotechnic products by this Act and by the implementing legislation and non-availability for sale until brought into conformity by the manufacturer or importer.

(2) Pyrotechnic products manufactured for the purpose of research, development and testing may be used for those purposes provided that a visible sign indicates their non-conformity with the requirements laid down for pyrotechnic products by this Act and by the implementing legislation and non-availability for purposes other than research, development and testing.

Section 14

Age Limit

(1) Pyrotechnic products placed on the market shall not be supplied or otherwise made available to people below the following age limits a) 15 years for fireworks of category 1, b) 18 years for fireworks of category 2, c) 21 years for fireworks of category 3, d) 21 years for other pyrotechnic products of category P1 or theatrical pyrotechnic products of category T1.

(2) The age limits pursuant to paragraph 1 do not apply to people with expertise, who may acquire pyrotechnic products even before they reach the age defined.

Section 14a

Expertise

(1) Expertise is required for categories 4, P2 and T2.

(2) The applicant for a certificate of expertise under this Act must be a person of at least 18 years of age. The applicant will submit the application to the District Mining Authority locally relevant according to the applicant’s residence. The application will include the name or, where applicable, the first names and surname, birth name, the date and place of birth, permanent residential address, a proof of education achieved and of the completion of a vocational training, employer’s address, job position and the type of work performed if the applicant is an employee. The applicant will also submit a photograph of the size of 35 x 45 mm, a proof of the administrative fee payment and a proof of medical fitness. A precondition of obtaining the certificate of expertise is the applicant’s impeccable character.

(3) A person suffering from the reduced ability to see, perceive and move as concerns the safe handling of pyrotechnic products is not considered medically fit. The medical fitness of an applicant for or a holder of the certificate of expertise to handle pyrotechnic products is demonstrated by a medical assessment 17c) , which is not older than 90 days from the date of issue. An applicant who, according to a court decision, does not have full legal capacity, as well as an applicant who has not undergone a medical examination and has not submitted a medical assessment according to the second sentence is not considered medically fit either. The physician assessing the medical fitness of the applicant for or the holder of the certificate, unless he or she is an employee, means the general practitioner with whom the person assessed is registered and, if the applicant has no such physician, it may be any other general practitioner.

(4) A person of impeccable character does not mean a person who has been finally sentenced for a crime committed in relation to the use or usage of explosives or pyrotechnic products. To make sure whether the person meets the condition of impeccable character, the District Mining Authority will apply for an excerpt from the Criminal Register under specific legislation 17d) . The application for the excerpt from the Criminal Register and the excerpt from the Criminal Register is to be transmitted electronically, in a manner that allows remote access.

(5) After finishing a vocational training, completed with a successful examination, the District

Mining Authority will issue the certificate of expertise, which will expire in 5 years, to the applicant.

The technical supervisors of the training are the Czech Mining Authority and the Proof House, which jointly approve the technical content of the training and arrange the training. A person authorised by the Proof House must be a member of the examination committee. A person authorised by the Czech

Mining Authority is to be the chairperson of the committee.

(6) The District Mining Authority will withdraw the issued certificate of expertise if the person with expertise no longer meets the conditions required for obtaining the certificate of expertise pursuant to paragraphs 2 to 4.

(7) Three months prior to the expiry of the certificate of expertise, its holder may apply for extending the certificate. A new certificate of health fitness is to be enclosed with the application.

Based on this application, the holder shall undergo a re-examination in the form of a written test to the extent laid down by a Government Order. The re-examination and the evaluation of the written test are the responsibility of the examination committee, which will transmit the written tests, including their evaluations signed by the examination committee, to the District Mining Authority locally relevant according to the applicant’s residence. If the applicant succeeds, the District Mining Authority will

extend the certificate to another 5 years; if the applicant fails, the Authority will decide that the certificate shall expire.

(8) The persons with expertise shall notify the District Mining Authority of changes to the data in the certificate of expertise within one month from the date of the change. To the extent of its competence pursuant to paragraph 2, the District Mining Authority maintains the list of persons with expertise and the list of issued and withdrawn certificates. The Czech Mining Authority maintains the central register of persons with expertise and of the issued and withdrawn certificates.

Section 15

Payments for Verification

(1) The operation related to checking the examined product or pyrotechnic product (notably the issuance of the certificate, the labelling of the product with a proof mark) is subject to an administrative fee under specific legislation.

18)

(2) The technical activities related to the testing of firearms, ammunition, pyrotechnic products, explosive articles and the accessories for using them, and to the testing of ballistic resistant materials and constructions are subject to payment. The amount to be paid is set by the Ministry’s

Decree.

Section 16

Obligations of the Monitored Persons and of the Firearms Certificate Holder

(1) The manufacturer, importer and exporter shall a) prior to placing the examined products on the market or exporting them, submit the examined products for checks, and only place them on the market or export them if they have been checked and provided with a proof mark, b) after the certificate of approval is issued, label at least one of the essential components of the firearm with a proof mark stipulated in the certificate; if this is impossible, the Proof House will choose another appropriate marking method, c) after the certificate of type examination of ammunition is issued, label the outside of the smallest consumer packaging of the defined ammunition with a proof mark stated in the certificate, and ensure that, to the extent laid down by the Ministry’s Decree, a manufacture check is performed to ascertain whether the defined technical requirements are observed in the manufacturing process, and keep records thereof, d) leave a soft spot for punching a proof mark on the essential components of the arms that are made of metal; if this is impossible, the Proof House will choose another appropriate marking method, e) notify the Proof House, within 30 days and in writing, of any changes to the manufacture of the examined products if these changes may influence the characteristics of some of those products.

(2) In addition, the manufacturer shall a) indicate, on the examined products, his business name or his name, if the manufacturer is a legal person, or his first name and surname, if the manufacturer is a natural person, or a trademark and other data, if so stipulated by the Ministry’s Decree or by specific legislation, 18a) b) enable the Proof House employees to enter the manufacturing premises and assist them as necessary, including the use of test equipment, the provision of ammunition and of the testing and administrative premises, if the check is being performed on his request in his establishments.

18b)

mark.

(3) The distributor may only place on the market the examined products labelled with a proof

(4) The repairer who has obtained an arms licence under specific legislation 18c) shall a) carry out repairs and modifications of firearms so that they meet the defined technical requirements, and shall submit a written description of the firearm repair or modification to the Proof House, unless hereinafter provided otherwise, b) submit the repaired firearm for a check if some of its essential components has been replaced.

(5) The person registered in the certificate of a defined firearm shall use or may allow someone else to use only such defined firearm or such defined ammunition that is labelled with a valid proof mark.

Section 16a

(1) Prior to placing his products on the market of the European Union, the manufacturer of pyrotechnic products shall a) assign the pyrotechnic products to categories according to their type of use, or their purpose and level of hazard, including their noise level and, in line with the individual modules, request that the

Proof House make an assessment of such categorisation, b) ensure that the conformity of the pyrotechnic products is assessed, c) assist the Proof House, as a notified entity in respect of pyrotechnic products, to the extent necessary to assess the conformity of the products in his premises and facilities, d) issue an EC declaration of conformity, if so stipulated by a Government Order, e) for pyrotechnic products designed for use in vehicles, provide a safety data sheet, compiled according to a directly applicable Regulation of the European Communities, 18d) to users with expertise, upon request, in the language they require; the safety data sheet can be provided in a printed or electronic form, depending on the requirements of the person it is intended for, f) indicate the useful life of each pyrotechnic product and, after the conformity assessment is complete, affix the CE marking and other marking, as stipulated by a Government Order.

(2) The manufacturer of pyrotechnic products shall also keep technical documentation and other documents as set out in the individual conformity assessment procedures.

(3) The distributor of pyrotechnic products may only supply or otherwise make available the pyrotechnic products marked according to this Act and according to the implementing legislation, if their period of useful life must not be exceeded.

(4) For pyrotechnic products imported from third countries, the importer of the pyrotechnic products shall proceed according to specific legislation 18e) . The Ministry will provide the Proof House with the necessary information about the import licences issued and the imports carried out to the extent set out by specific legislation 18f) .

(5) The manufacturer, importer or distributor of pyrotechnic products may only place on the market or supply fireworks of category 4, theatrical pyrotechnic articles of category T2 and other pyrotechnic products of category P2 to persons with expertise.

(6) If the manufacturer of pyrotechnic products is not established in a Member State of the

European Union, the importer of the pyrotechnic products shall fulfil the obligations of the manufacturer of the pyrotechnic products under this Act.

TITLE III

STATE ADMINISTRATION IN RESPECT OF EXAMINED PRODUCTS

Section 17

Administrative Authority

(1) The Czech Proof House for Arms and Ammunition is hereby established as a national administrative authority, based in Prague and operating under the authority of the Ministry.

(2) The Proof House is led by chairperson, appointed and dismissed by the Minister of

Industry and Trade. The organisation of the Proof House is governed by the Proof House Rules, which are subject to approval of the Ministry.

(3) The Proof House a) checks the examined products or pyrotechnic products, b) issues certificates under this Act, decides on the withdrawal of or the refusal to issue a certificate, c) ensures that the examined products are labelled with proof marks, d) carries out other technical activities related to the testing of firearms, ammunition, pyrotechnic articles, explosive articles and the accessories for using them, and tests ballistic resistant materials and constructions, and issues findings about these, e) decides on assigning arms or ammunition to the arms categories of A to D 19b) if it receives a defined firearm or defined ammunition to check it, or upon request, f) carries out other activities set out by specific legislation, 19c) g) cooperates with administrative authorities and local and regional authorities in the area of delegated powers, as well as with other state authorities and institutions whose cooperation is necessary for the

Proof House’s activities. If, while doing its activities, the Proof House detects facts on the basis of which such measures need to be taken that lie within the competence of other authorities, it will notify such facts to those authorities, h) in cross-border cooperation, it carries out supervision in compliance with the relevant Regulation of the European Union 19d) to the extent of material scope of specific legislation, which reflects the

Directive stated in item 16 of the Annex to this Regulation, i) assesses the categorisation of pyrotechnic products, taking account of their conformity pursuant to

Section 12, j) carries out or arranges trainings of persons with expertise and approves teaching texts and, for pyrotechnic products, cooperates with the bodies of the State Mining Authority.

(4) In addition, the Proof House a) fulfils the notification obligations arising from an international treaty binding on the Czech

Republic 4) ,

b) in compliance with a Regulation of the European Communities, 19e) it notifies the European

Commission (hereinafter referred to as the “Commission”) of

1. the procedures of granting authorisations to persons with expertise,

2. market supervision activities and

3. accidents caused by pyrotechnic products; to prepare information about these accidents, the Proof

House receives annual overviews from the relevant state administration authorities, notably from public health protection authorities, bodies of the Police of the Czech Republic, bodies of the Fire

Brigade, c) prior to checking every defined firearm submitted for a check after a repair or modification, it assesses the technological procedure of the repair or modification, d) cooperates in the area of examined products or pyrotechnic products as well as ballistic resistant materials and constructions with similar foreign authorities and test facilities, e) organises, coordinates and carries out scientific activities, research and development related to technical activities, f) ensures that the examined products or pyrotechnic products are subjected to the inter-laboratory tests of reference materials, g) provides technical information and carries out vocational trainings, h) participates in the certifications of quality control systems, i) keeps and compares reference ammunition and reference piezoelectric sensors under the performance of obligations arising from an international treaty binding on the Czech Republic, 4) j) participates in the creation of Czech technical standards and technical regulations for the examined products or pyrotechnic products, and ballistic resistant materials and constructions, and k) collects administrative fees and payments (Section 15).

(5) If it detects an infringement 19f) which has been committed by a monitored person in the territory of the European Union or in another country comprising the European Economic Area and which harms or may harm the collective interests of consumers 19g) , the Proof House will prohibit such infringement by its decision.

(6) The Proof House keeps records of firearms, ammunition, pyrotechnic products and explosives, including the required accessories, which it uses for checks and technical services.

(7) The Proof House employees engaged in checking, in technical or examination activities under this Act shall not disclose any facts they have become aware of in relation to checking the examined products or while carrying out the technical or examination activities under this Act even if they are no longer the Proof House employees, and shall observe this obligation for five years unless specific legislation provides otherwise, except for information that must be published for the sake of safety protection and for the sake of ensuring effective market control and the activities of the Proof

House as a surveillance authority.

(8) The Proof House performs the function of a notified entity pursuant to the relevant

Regulation of the European Communities 19e) in respect of pyrotechnic products while meeting the criteria laid down in the Annex to this Act.

(9) The Proof House submits a report on compliance with the criteria laid down in the Annex to this Act to the Ministry on an annual basis. The Ministry is entitled to carry out an inspection to see whether the criteria are being met.

(10) If, based on the inspection, the Ministry finds that the Proof House fails to meet the criteria stated in the Annex to this Act, it will decide to transfer the exercise of the notified entity’s rights and responsibilities to the Ministry. In that event, the Ministry may, in order to ensure that the notified entity’s rights and responsibilities are exercised, enter into a public contract with a person that possesses the expertise to carry out conformity assessments.

Section 18

Submission of Examined Products and Pyrotechnic Products to the Proof House

(1) Everyone who submits examined products or pyrotechnic products to the Proof House to check them (hereinafter referred to as the “proposer”) shall specify the following data in his written application for a check a) his personal identification data, b) type of product, including derived variants, with the following data

1. type, brand, model and calibre for firearms,

2. type, brand and calibre for ammunition,

3. type and type number for a pyrotechnic product, c) for imported items, the name and registered office of the manufacturer, d) type of requested activity according to Section 6(1), Sections 7, 8, 10, 11 or 12.

(2) When submitting his application, the proposer will enclose the defined firearms, defined ammunition, including the consumer packaging, or pyrotechnic products, with the indication of data the extent and details of which will be laid down by the Ministry’s Decree. The number of units of the ammunition or pyrotechnic products in the sample submitted for a check will be laid down by the

Ministry’s Decree.

(3) The following shall also be enclosed with the application a) the technical and accompanying documentation to the extent laid down by the Ministry’s Decree, b) the documents that certify the correctness of the data stated in the application.

(4) The Proof House is held liable for damage to or destruction of the firearm it has received to check it. The Proof House will be released from the liability if it provides evidence that the damage to the arm was due to a defect that the arm had when it was submitted. Compensation for damage is governed by specific legislation.

20) Samples of ammunition and pyrotechnic products will not be returned.

(5) Upon Proof House’s request, the manufacturer or importer shall provide more samples of examined products or pyrotechnic products if they are required for checking the products.

Section 19

Markings

(1) The examined products that meet the defined technical requirements and have been checked by the Proof House will be labelled with proof marks, the artwork, design and location of which will be laid down by the Ministry’s Decree. By its Decree, the Ministry will also publish the artwork of the proof marks for firearms and ammunition used in States Parties.

(2) The Proof House will punch its identification mark on a defined firearm that fails to meet the defined technical requirements during unit verification. The Proof House will punch letter “X” over the previously granted proof marks or next to them on a defined firearm that fails to meet the defined technical requirements during repeated unit verification. The identification mark and the letter

“X” do not authorise the proposer to use the defined firearm marked in this way and to place it on market.

(3) Upon request by the proposer who has submitted a defined firearm to be checked, the

Proof House will mark the firearm in such a way as to prevent any adverse effect on its historical or other value. The Proof House will mark it on an appropriate spot in view of the type of the defined firearm.

Section 20

Inspection

(1) The Proof House and inspectors authorised by it, who can present their service cards, supervise compliance with the obligations laid down by this Act. The specimen of that card will be laid down by the Ministry’s Decree. The inspections are carried out without prior notification.

(2) In cross-border cooperation, the Proof House carries out supervision in accordance with the relevant Regulation of the European Communities 19d) and to the extent of its material scope pursuant to specific legislation.

(3) The Proof House inspectors are entitled to a) enter those premises and establishments of the monitored persons, while carrying out the inspection, where the activities in respect of the examined products or pyrotechnic products are carried out, in accordance with safety regulations, b) check the identity of the monitored persons as well as the identities of the natural persons who represent the monitored persons during the inspection, as well as check the representation authorisations of those persons, c) request the required documents, the provision of true and complete information, and written or oral explanations from the monitored persons, d) receive samples, in exchange for compensation, of the examined products or of pyrotechnic products to be examined in order to check conformity of those products with the requirements of the

Act and of the implementing legislation.

(4) Within no later than 90 days from the assessment by the Proof House, the monitored person will receive compensation for the taken samples in the amount of the price at which the product is available when taken. The compensation will not be provided if the monitored person waives it or if the sample is returned undamaged. The right to the compensation does not apply if the examined product or pyrotechnic product fails to meet the defined technical requirements; the Proof House is only entitled to claim compensation for the costs of assessing the conformity of the taken samples with the requirements of the Act if the assessment finds that the product fails to meet the requirements of this Act.

Section 20a

(1) If a Proof House inspector has a well-founded suspicion that the examined product or pyrotechnic product fails to meet the requirements of this Act, the inspector will prohibit placing the product on the market or supplying it for the period required for the check.

(2) On the basis of an inspection performed, a Proof House inspector will prohibit placing the examined products or pyrotechnic products on the market or supplying them if they fail to meet the requirements of the Act or of specific legislation until the situation is rectified 20a) . The inspector will notify such measure to the monitored person orally and will immediately make a written record about this in the inspection report 20b) .

(3) A monitored person who disagrees with the measure imposed may raise objections, which will be included in the inspection report, or may submit the objections to the Proof House in writing within no later than 10 days from the date of becoming aware of the measure. The objections raised have no suspensory effect. The Proof House chairperson will decide on the objections without undue delay, within no later than 5 business days, and the chairperson’s decision will be final. The written copy of the decision on objections will be delivered to the monitored person.

Section 20b

(1) If the examined products or pyrotechnic products fail to meet the conditions for being placed on the market or if they directly endanger safety, the Proof House will decide to prohibit further distribution of the examined products or pyrotechnic products.

(2) If the examined products or pyrotechnic products have a technical defect and demonstrably endanger health or safety, the Proof House will decide to withdraw those products from the market; a remedy against this decision has no suspensory effect.

(3) If required by safety considerations, the Proof House may also decide to destroy the products or a batch of products or to deactivate them otherwise; a remedy against this decision has no suspensory effect.

(4) The Proof House shall notify, in a timely and appropriate manner, the persons who may be exposed to a serious risk posed by the examined product or pyrotechnic product, of such a risk.

Section 20c

Notification Obligation

(1) The Proof House shall notify a measure taken in respect of the examined product or pyrotechnic product to the Ministry if the product poses a serious risk. It shall also notify the occurrence of a pyrotechnic product bearing a CE marking that may endanger the health and safety of persons even if it is used in accordance with its intended purpose.

(2) The information provided to the Ministry must include all the data required for the identification of the examined product or pyrotechnic product, its origin, supply chain, the danger that the examined product poses, the nature and duration of the measure taken by the Proof House, as well as information about a voluntary measure taken by the monitored person.

(3) If the risk may outreach the territory of the Czech Republic, the Ministry shall immediately notify the occurrence of such a product to the Commission.

(4) If the Ministry receives information from the Commission about the adoption of a measure against an examined product or pyrotechnic product or a batch thereof that poses a serious risk, it will transmit such information, without undue delay, to the Proof House to take further steps.

(5) To ensure that the information exchange system pursuant to paragraphs 1 to 4 works, the legislation that governs the procedure, content and form of information about the occurrence of hazardous non-food products will be similarly applied 20c) .

Section 21

Proceedings

(1) If the Proof House finds, during the check, that the examined products meet the defined technical requirements, it will issue, depending on the nature of the case, an administrative decision, a certificate or will label the product with a proof mark.

(2) If, on the basis of a check, the Proof House refuses to issue a certificate or refuses to label the product with a proof mark or withdraws its certificate, it will issue a relevant decision.

(3) An appeal against a decision issued under this Act has no suspensory effect, except for the procedure to impose fines.

(4) Issuing a measure pursuant to Section 20a(2) is not governed by the Code of

Administrative Procedure.

(5) After receiving a request in respect of checking the examined products pursuant to

Sections 6, 9 or 12, the Proof House will let the applicant know of the requirements for the check under this Act and under the implementing legislation without undue delay and, within no later than

90 days, it will issue the certificate or the decision, depending on the nature of the case. The Proof

House will extend those deadlines in justified cases.

(6) If the Proof House finds that the monitored person fails to meet the conditions stated in the certificate, it will decide to withdraw the certificate.

Section 22

Offences

(1) A natural person commits an offence if, as a person with expertise, fails to notify the

District Mining Authority, in contravention of Section 14a(8), of a change to the data in the certificate of expertise within the defined deadline.

(2) A fine of up to CZK 5,000 may be imposed for the offence.

(3) A fine of up to CZK 2,000 may be imposed on the spot. Fines on the spot are imposed by a

Proof House inspector.

Section 22a

Administrative Offences of Legal Persons and of Self-Employed Natural Persons

(1) The monitored person commits an administrative offence if he a) uses a proof mark, a certificate or other document issued by the Proof House under this Act without authorisation, b) places on the market or distributes an examined product that fails to meet the defined technical requirements pursuant to Section 4(1), c) fails to comply with the measures pursuant to Section 20a(2), d) shows or uses pyrotechnic products at trade fairs, exhibitions and demonstrations in contravention of Section 13(1), e) uses the pyrotechnic products manufactured for the purpose of research, development and testing in contravention of Section 13(2), or

f) supplies or otherwise provides pyrotechnic products to persons who have not reached the age limit pursuant to Section 14.

(2) The manufacturer, importer or exporter commits an administrative offence if he a) places on the market or exports an examined product in contravention of Section 16(1)(a), b) fails to label at least one of the essential components of a firearm pursuant to Section 16(1)(b), c) in contravention of Section 16(1)(c), fails to label the outside of the smallest consumer packaging of the defined ammunition with a proof mark stated in the certificate, or fails to ensure that a manufacture check is performed to ascertain whether the defined technical requirements are observed in the manufacturing process, or fails to keep records thereof, d) fails to leave a soft spot for punching a proof mark on an essential component of the arm that is made of metal pursuant to Section 16(1)(d), e) fails to notify the Proof House of changes to the manufacture of examined products pursuant to

Section 16(1)(e), or f) places a pyrotechnic product on the market even though the product fails to meet the essential safety requirements for pyrotechnic products laid down by a Government Order, in contravention of Section

4a(1).

(3) The manufacturer, importer or distributor of pyrotechnic products commits an administrative offence if, in contravention of Section 16a(5), supplies or otherwise makes available the fireworks of category 4, theatrical pyrotechnic articles of category T2 or other pyrotechnic products of category P2 to a person without expertise.

(4) The manufacturer commits an administrative offence if he fails to indicate the data in respect of the examined product pursuant to Section 16(2)(a).

(5) The manufacturer or importer of pyrotechnic products placed on the market commits an administrative offence if he fails to meet some of the obligations pursuant to Section 16a(1) or (2).

(6) The distributor commits an administrative offence if, in contravention of Section 16(3), he places an examined product on the market even though it is not labelled with a proof mark.

(7) The distributor of pyrotechnic products commits an administrative offence if, in contravention of Section 16a(3), he supplies or otherwise makes available a pyrotechnic product not labelled according to this Act and according to the implementing legislation, or a pyrotechnic product the useful life of which has expired.

(8) The repairer who has obtained an arms licence under specific legislation commits an administrative offence if a) in contravention of Section 16(4)(a), he fails to repair or modify a firearm for it to meet the defined technical requirements, or fails to submit a written description of the repair or modification to the

Proof House, or b) fails to submit a repaired firearm for a check if some of its essential components has been replaced pursuant to Section 16(4)(b).

(9) A fine of up to the following amounts will be imposed for an administrative offence

a) CZK 5,000,000 for an administrative offence under paragraph 1)(a) to (c), paragraph 2)(a) to (d) and (f), paragraph 6 or 7, b) CZK 1,000,000 for an administrative offence under paragraphs 3 to 5, c) CZK 500,000 for an administrative offence under paragraph 1)(d) to (f), paragraph 2)(e) or paragraph 8.

Section 22b

Common Provisions on Administrative Offences

(1) The legal person is not held liable for an administrative offence if he provides evidence that he has made every effort that could be reasonably expected to prevent the infringement of the legal obligation.

(2) In setting the amount of fine to be imposed on a legal person, the seriousness of the administrative offence, the way it was committed and its consequences, and the circumstances under which it was committed will be taken into account in particular.

(3) The legal person’s liability for an administrative offence expires if the administrative authority failed to initiate the proceedings in respect of the offence within 2 years from the date when it became aware of it, but no later than 5 years after the date when it was committed.

House.

(4) In the first instance, the administrative offences under this Act are dealt with by the Proof

(5) The liability for activities that happened during natural person’s business activities 23) or in the direct connection therewith is governed by the liability and penalty provisions of the Act applicable to legal persons.

(6) The fines collected are state budget revenue.

Section 23

Transitional Provisions

(1) The checks commenced before this Act took effect will be completed according to existing regulations.

(2) The certificates pertaining to the defined firearms, defined ammunition or pyrotechnic articles issued under existing regulations will expire by the elapse of the period for which they have been issued.

(3) The defined firearms, defined ammunition or pyrotechnic articles labelled with proof marks under existing regulations are deemed to have been checked under this Act.

Section 24

Authorisation

(1) The Ministry will issue a Decree to implement Section 6(1), Sections 7 and 8, Section

10(1)(c), Section 15(2), Section 16(1)(c), Section 16(2)(a), Section 18(2), Section 18(3)(a), Section

19(1) and Section 20(1).

“(2) The Government will determine by its Order

a) the essential safety requirements for pyrotechnic products that these products have to meet in order to be placed on the market, b) the details of handling the pyrotechnic products.

(3) In addition, the Government will determine by its Order a) the types and categories of pyrotechnic products placed on the market, their classification and the individual procedures of assessing their conformity with the essential safety requirements, b) the method of affixing a CE marking and other markings to pyrotechnic products, depending on the type and category of the pyrotechnic products, including the method of labelling the pyrotechnic products for use in vehicles, c) the requirements for the achieved education of persons with expertise, the form, content and extent of the vocational training, organisation of the lessons, examination rules, and the method of issuing, registering and withdrawing certificates of expertise, d) the procedure to ensure that the conformity of pyrotechnic products with the requirements of this

Act is assessed before these are placed on the market.”.

PART TWO

Repealed

Section 25

Repealed

PART THREE

Amendment to the Act on Administrative Fees

Section 26

The Act No 368/1992 Coll., on administrative fees, as amended by Act No 10/1993 Coll., Act

No 72/1994 Coll., Act No 85/1994 Coll., Act No 273/1994 Coll., Act No 36/1995 Coll., Act No

118/1995 Coll., Act No 160/1995 Coll., Act No 301/1995 Coll., Act No 151/1997 Coll., Act No

305/1997 Coll., Act No 149/1998 Coll., Act No 157/1998 Coll., Act No 167/1998 Coll., Act No

63/1999 Coll., Act No 166/1999 Coll., Act No 167/1999 Coll., Act No 223/1999 Coll., Act No

326/1999 Coll., Act No 352/1999 Coll., Act No 357/1999 Coll., Act No 360/1999 Coll., Act No

363/1999 Coll., Act No 46/2000 Coll., Act No 62/2000 Coll., Act No 117/2000 Coll., Act No

133/2000 Coll., Act No 151/2000 Coll., Act No 153/2000 Coll., Act No 154/2000 Coll., and Act No

158/2000 Coll., is amended as follows:

1. In item 30 of the List of Administrative Fees, letters c) to g) are added behind letter b), and read as follows:

“c) Issuance of a certificate of a firearm approval

CZK 10,000.00 d) A check on an arm by the unit verification method

1. Short firearms or their essential components

2. Long firearms or their essential components e) A check on an arm by the repeated verification method

1. Short firearms or their essential components

2. Long firearms or their essential components f) Issuance of a certificate of a type examination of ammunition

CZK 60.00

CZK 100.00

CZK 200.00

CZK 300.00

CZK 10,000.00

g) Issuance of a certificate of a type test of a pyrotechnic article

2. Notes 1 to 4 are added to item 30, and read as follows:

“Notes:

CZK 10,000.00”.

1. The operations charged according to letters c) to g) are governed by Act No 156/2000 Coll., on the checking of firearms, ammunition and pyrotechnic articles and on amending the Act No

288/1995 Coll., on firearms and ammunition (the Firearms Act), as amended by Act No 13/1998 Coll. and by Act No 368/1992 Coll., on administrative fees, as amended.

2. The extension of a certificate issued for a fee pursuant to f) and g) will be charged at the fee equivalent to a half of the amount.

3. The administrative authority will increase the rate of the fee pursuant to d) or e) of this item for unit verification or repeated unit verification of a historical firearm to a double.

4. The technical activities (services) preceding the checking of a firearm, ammunition or a pyrotechnic article or relating to the testing of a firearm, ammunition, pyrotechnic article, explosive article and accessories for using them, and the testing of ballistic resistant materials and constructions will be charged according to a Decree by the Ministry of Industry and Trade.”.

PART FOUR

EFFECTIVENESS

Section 27

This Act takes effect on the first day of the second month following the date of its promulgation.

Klaus, with his own hand

On behalf of Špidla, with his own hand

Havel, with his own hand

Annex

Minimum Criteria to Be Met by the Notified Entity for Pyrotechnic Products

1. The entity, its chief and employees responsible for the checks can be neither the persons who design, manufacture, supply, use or import the pyrotechnic products that they inspect nor an authorised representative of some of those parties. They must not participate, whether directly or as authorised representatives, in the design, manufacture, placing on the market, maintenance or import of those products. However, this does not preclude the exchange of technical information between the manufacturer and the entity.

2. The entity and its employees shall carry out the checks at the highest level of professional credibility and technical expertise, and must not be exposed to any pressures and stimuli, notably pecuniary ones, that might influence their decisions or the inspection results, especially by the persons or the groups of persons for whom the results of the checks are relevant.

3. The entity must have the necessary workforce available and possess the necessary equipment to carry out duly the administrative and technical operations related to the checks. It must also have access to the equipment required for special checks.

4. The members of staff responsible for inspections must have a) proper technical and vocational education, b) sufficient knowledge of the requirements to carry out the inspections and the adequate experience in those inspections, c) the ability to prepare certificates, records and reports required for providing evidence of the inspections made.

5. The impartiality of the members of staff who carry out inspections must be guaranteed.

Their remuneration must not depend on the number of tests performed or on the results of those tests.

6. The entity shall effect a civil liability insurance, unless the state has assumed such liability in accordance with national law, or unless the Member State itself is directly liable for the inspections.

7. Members of the entity’s staff shall not disclose the information acquired in performing their tasks (except for dealings with the relevant administrative authorities of the state in which they carry out their activities) under this Act.

Selected Provisions from Amendments

Article II of Act No 148/2010 Coll.

Transitional Provisions

1. The fireworks of classes I and II can be placed on the market pursuant to existing legislation; however, this is possible within no later than 3 July 2013, even if a certificate of a type test has been issued. The fireworks of classes III and IV and the pyrotechnic products for technical purposes of subclasses T0, T1 and T2 can be placed on the market pursuant to existing legislation; however, this is possible within no later than 3 July 2016, even if a certificate of a type test has been issued.

2. The checking of pyrotechnic products commenced before the date when this Act took effect will be completed according to existing legislation.

3. The pyrotechnic products labelled with proof marks pursuant to existing legislation are deemed to have been checked under Act No 156/2000 Coll., as applicable from the date when this Act took effect.

4. The proceedings in respect of fines commenced before the date when this Act took effect will be completed according to existing legislation.

____________________

1) Directive 2007/23/EC of the European Parliament and of the Council of 23 May 2007 on the placing on the market of pyrotechnic articles.

Regulation (EC) No 765/2008 of the European Parliament and of the Council of 9 July 2008 setting out the requirements for accreditation and market surveillance relating to the marketing of products and repealing

Regulation (EEC) No 339/93 (Text with EEA relevance).

4) Decree No 70/1975 Coll., on the Convention on Reciprocal Recognition of Proof Marks on Small Arms.

4a) Section 21(8) of Act No 61/1988 Coll., on mining activities, explosives and on the State Mining Authority, as amended.

4b) Part One of Annex to Act No 119/2002 Coll., on firearms and ammunition and on amending the Act No

156/2000 Coll., on the checking of firearms, ammunition and pyrotechnic articles and on amending the Act No

288/1995 Coll., on firearms and ammunition (the Firearms Act), as amended by Act No 13/1998 Coll., and by

Act No 368/1992 Coll., on administrative fees, as amended, and by Act No 455/1991 Coll., on trade licensing

(the Trade Licensing Act), as amended, (the Arms Act).

4c) Part Two of Annex to Act No 119/2002 Coll.

5a) European Agreement concerning the International Carriage of Dangerous Goods by Road (ADR) promulgated under No 64/1987 Coll., as amended by changes promulgated under No 159/1997 Coll., No

186/1998 Coll., No 54/1999 Coll., No 93/2000 of Collection of International Treaties, No 6/2002 of Collection of International Treaties and under No 65/2003 of Collection of International Treaties

5b) Act No 219/1999 Coll., on armed forces of the Czech Republic, as amended.

5c) For example Act No 310/1999 Coll., on the stationing of foreign troops on the territory of the Czech

Republic.

5d) Section 16(2)(a) and Section 31(i) of Act No 119/2002 Coll.

5e) Government Order No 266/2009 Coll., on technical requirements for marine equipment.

17c) Section 77 of Act No 20/1966 Coll., on public healthcare, as amended.

17d) Act No 269/1994 Coll., on Criminal Register, as amended.

18) Act No 368/1992 Coll., on administrative fees, as amended.

18a) Act No 634/1992 Coll., on consumer protection, as amended.

18b) For example Act No 455/1991 Coll., on trade licensing (the Trade Licensing Act), as amended.

18c) Sections 31 to 40 of Act No 119/2002 Coll.

18d) Article 31 of Regulation (EC) No 1907/2006 of the European Parliament and of the Council of 18

December 2006 concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH), establishing a European Chemicals Agency, amending Directive 1999/45/EC and repealing Council Regulation

(EEC) No 793/93 and Commission Regulation (EC) No 1488/94 as well as Council Directive 76/769/EEC and

Commission Directives 91/155/EEC, 93/67/EEC, 93/105/EC and 2000/21/EC.

18e) Act No 228/2005 Coll., on the control of trade in products whose possession is restricted in the Czech

Republic for security reasons and on amending certain Acts, as amended.

18f) Section 12 of Act No 228/2005 Coll.

19a) Section 3 of Act No 119/2002 Coll., on firearms and ammunition and on amending the Act No 156/2000

Coll., on the checking of firearms, ammunition and pyrotechnic articles and on amending the Act No 288/1995

Coll., on firearms and ammunition (the Firearms Act), as amended by Act No 13/1998 Coll., and by Act No

368/1992 Coll., on administrative fees, as amended, and by Act No 455/1991 Coll., on trade licensing (the Trade

Licensing Act), as amended, (the Arms Act).

19b) Section 3(1) of Act No 119/2002 Coll.

19c) For example Section 74(7) of Act No 119/2002 Coll.

19d) Regulation (EC) No 2006/2004 of the European Parliament and of the Council on cooperation between national authorities responsible for the enforcement of consumer protection laws (the Regulation on consumer protection cooperation).

19e) Article 3(b) of the Regulation (EC) No 2006/2004 of the European Parliament and of the Council on cooperation between national authorities responsible for the enforcement of consumer protection laws (the

Regulation on consumer protection cooperation).

19f) Article 3(b) of the Regulation (EC) No 2006/2004 of the European Parliament and of the Council on cooperation between national authorities responsible for the enforcement of consumer protection laws (the

Regulation on consumer protection cooperation).

19g) Article 3(k) of the Regulation (EC) No 2006/2004 of the European Parliament and of the Council.

20) Act No 40/1964 Coll., the Civil Code, as amended.

20a) For example Act No 634/1992 Coll., as amended.

20b) Act No 552/1991 Coll., on state inspection, as amended.

20c) Government Order No 396/2004 Coll., on procedures, content and form of information about occurrence of hazardous non-food products.

22) Act No 71/1967 Coll., on administrative proceedings (the Code of Administrative Procedure), as amended by Act No 29/2000 Coll.

23) Section 2(2) of the Commercial Code.

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