Notification Detail

Draft Decree amending certain decrees related to the Decree on occupational health and safety and the safety of the operation of specified electrical equipment during mining activities, mining-type activities and the handling of explosives

Notification Number: 2021/602/CZ (Czech Republic )
Date received: 16/09/2021
End of Standstill: 17/12/2021

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Message 002

Communication from the Commission - TRIS/(2021) 03410
Directive (EU) 2015/1535
Translation of the message 001
Notification: 2021/0602/CZ

No abre el plazo - Nezahajuje odklady - Fristerne indledes ikke - Kein Fristbeginn - Viivituste perioodi ei avata - Καμμία έναρξη προθεσμίας - Does not open the delays - N'ouvre pas de délais - Non fa decorrere la mora - Neietekmē atlikšanu - Atidėjimai nepradedami - Nem nyitja meg a késéseket - Ma’ jiftaħx il-perijodi ta’ dawmien - Geen termijnbegin - Nie otwiera opóźnień - Não inicia o prazo - Neotvorí oneskorenia - Ne uvaja zamud - Määräaika ei ala tästä - Inleder ingen frist - Не се предвижда период на прекъсване - Nu deschide perioadele de stagnare - Nu deschide perioadele de stagnare.

(MSG: 202103410.EN)

1. Structured Information Line
MSG 002 IND 2021 0602 CZ EN 16-09-2021 CZ NOTIF


2. Member State
CZ


3. Department Responsible
Úřad pro technickou normalizaci, metrologii a státní zkušebnictví
Biskupský dvůr 1148/5
110 00 Praha 1
tel: 221 802 212
e-mail: eu9834@unmz.cz


3. Originating Department
Český báňský úřad
Oddělení legislativy
Kozí 4, 110 01 Praha 1 - Staré Město
tel.: +420 221 775 350
e-mail: Ladislav.Sousa@cbusbs.cz


4. Notification Number
2021/0602/CZ - B20


5. Title
Draft Decree amending certain decrees related to the Decree on occupational health and safety and the safety of the operation of specified electrical equipment during mining activities, mining-type activities and the handling of explosives


6. Products Concerned
Occupational safety, mining activities, work on specified electrical equipment used in mining and mining-type activities


7. Notification Under Another Act
-


8. Main Content
The content of the proposed regulation is to clarify the regulation of safety signs in accordance with Government Regulation No 375/2017 on the appearance, positioning and implementation of safety signs and markings and the introduction of signals that regulate the appearance, positioning and implementation of safety signs and the harmonisation of nomenclature in the concept of accident control. Additional important content is the reduction of the maximum permitted concentration for carbon monoxide, or stricter limits for pollutants, laid down by Government Regulation No 361/2007, as amended by Government Regulation No 195/2021 laying down conditions for the protection occupational health, as amended. Government Regulation No 361/2007, as amended by Government Regulation No 195/2021, incorporates relevant European Union legislation and regulates certain risk factors of working conditions. These are mainly pollutants – carbon oxides, nitrogen oxides and hydrogen sulphide. The effectiveness of Article I(6) and (9) is limited to 21.8.2023 pursuant to Government Regulation No 195/2021 and Commission Directive (EU) 2017/164 of 31 January 2017 establishing a fourth list of indicative occupational exposure limit values pursuant to Council Directive 98/24/EC and amending Commission Directives 91/322/EEC, 2000/39/EC and 2009/161/EU. Requirements are also clarified for a second supply line, which must ensure the operation of all pumps, and the regulation of activities on specified electrical equipment, so that in the amended Decrees they comply with the wording of the new Decree on occupational safety and health and the safety of the operation of electrical equipment and on the requirements for specified electrical equipment during mining, mining-type activities and in the manufacture, processing and storage of explosives. This Decree is also notified (under No 2021/598/CZ). Two versions of the same provisions in the amendment to Decree Nos 22/1989 and 55/1996 are divided because Commission Directive (EU) 2017/164 allows for an exemption from its wording regarding pollutant limits until 2023.

Underlined provisions are implemented according to the CELEX numbers for the following provisions:
01992L0104 Council Directive 92/104/EEC of 3 December 1992 on the minimum requirements for improving the safety and health protection of workers in the surface and underground extractive industries (twelfth individual Directive within the meaning of Article 16(1) of Directive 89/391/EEC)
32017L0164 Commission Directive (EU) 2017/164 of 31 January 2017 establishing a fourth list of indicative occupational exposure limit values pursuant to Council Directive 98/24/EC and amending Commission Directives 91/322/EEC, 2000/39/EC and 2009/161/EU (Text with EEA relevance)

Keywords:
occupational safety, mining activities, mine air, work on electrical equipment during mining activities


9. Brief Statement of Grounds
The reason for the amendment to the Decrees is the need to modify their text, in particular in the definition of persons providing activities on electrical equipment during mining activities, in accordance with the draft new Decree on health and safety at work and the safety of the operation of specified electrical equipment during mining activities, mining-type activities and the handling of explosives and amending certain legislation. Another reason for this is the incorporation of underground air composition requirements in relation to Government Regulation No 361/2007, which is implementing legislation for Commission Directive (EU) 2017/164 of 31 January 2017 establishing a fourth list of indicative occupational exposure limit values pursuant to Council Directive 98/24/EC and amending Commission Directives 91/322/EEC, 2000/39/EC and 2009/161/EU.

Although there are references to certain Czech technical standards in the current version of the regulations, the draft Decree does not contain references to national technical standards, technical documents or company standards, European standards, harmonised standards or international standards containing a national annex or a national note or recommendations. Therefore, we do not ask for any technical standards to be passed on to the notification procedure.

The table of differences with highlighted implemented provisions will be notified as 'Other text'.


10. Reference Documents - Basic Texts
Reference(s) to basic text(s):- Act No 61/1988 on mining activities, explosives, and the State Mining Administration, as amended. The text of Act No 61/1988 is uploaded into the TRIS database, and is effective until 31.1.2022, until 30.6.2023 and from 1.7.2023.- the Act was transmitted as part of a prior notification – Notification 2021/598/CZ
- Decree No. 22/1989 on occupational safety and health and safety during mining and mining-type activities performed underground, as amended – the Decree was transmitted within the framework of a prior notification – Notification 2011/14/CZ
- Decree No 26/1989 on occupational safety and health and safety during mining and mining-type activities, as amended – the Decree was transmitted within the framework of a prior notification – Notification 2009/21/CZ
- Decree No 51/1989 on health and safety at work in the treatment and refinement of minerals, as amended – the Decree was transmitted within the framework of a prior notification – Notification 2012/396/CZ
- Decree No 55/1996 on requirements for ensuring occupational health and safety at work and safe operation during mining-type activities performed underground, as amended – the Decree was transmitted within the scope of a prior notification – Notification 2011/671/CZThe basic texts were forwarded within an earlier notification:2021/598/CZ:2011/14/CZ


11. Invocation of the Emergency Procedure
No


12. Grounds for the Emergency
-


13. Confidentiality
No


14. Fiscal measures
No


15. Impact assessment
The impact assessment study is included in RIA and Justification of the Decree_2021.


16. TBT and SPS aspects
Aspect of Technical barriers to trade (TBT)

NO – the Draft has no significant impact on international trade.

Sanitary and phytosanitary aspect (SPS)

NO – the Draft has no significant impact on international trade.

No – the Draft is not a sanitary or phytosanitary measure

**********
European Commission

Contact point Directive (EU) 2015/1535
Fax: +32 229 98043
email: grow-dir2015-1535-central@ec.europa.eu

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