1 1. ------IND-  2020 0520 CZ-  EN- ------ 20200907 --- --- PROJET 
II. 
Draft  
IMPLEMENTING DECREE 
of [date] [month] 2020  
on the implementation of certain measures related to the prohibition of chemical 
weapons  
In accordance with Section  35(5) of Act No  19/1997, on certain measures related to the 
prohibition of chemical weapons and on amendments to Act No 50/1976, on spatial planning 
and the Building Code (the Building Act), as amended, Act No 455/1991, on trade licensing (the Trading Act), as amended,  and Act No  140/1961, the Criminal Code, as amended, as 
amended by Act No  138/2008 and Act No 336/2020 (hereinafter referred to as the ‘Act’), in 
order to implement Section  6, Section 9(3), Section 18, Section 20(3), Section 22(2), 
Section  23(3), Section 25(2), Section 25a(2) and Section 26(4), the State Office for Nuclear 
Safety lays down the following:  
Section  1 
Contents of the reports on activities for protective purposes  
(to implement Section  6 of the Act)  
The content of the report on activities carried  out for protective purposes during the 
preceding calendar year is provided in Annex  1. 
Section  2 
Facilities to handle Schedule  1 chemicals  
(to implement Section  9(3) of the Act)  
The following are the types of facilities that fulfil the characteristics req uired for handling 
Schedule  1 chemicals:  
a) a single one- purpose low -tonnage facility, in which a Schedule  1 chemical is produced and 
whose reactor vessels in production lines are not configured for continuous operation; the volume of each reactor vessel does  not exceed 100  litres and the total volume of all reactor 
vessels is not more than 500 litres,  
b) a single facility for protective purposes in which a Schedule  1 chemical is produced and 
whose own aggregate production does not exceed 10 kg per year,  
c) a set of  facilities for research, medical and pharmaceutical purposes, in which a Schedule  1 
chemical is produced and whose aggregate production exceeds 100 g per year, but does not 
exceed 10  kg per year per facility,  
d) a set of laboratories for research, medical an d pharmaceutical purposes, in which a 
Schedule  1 chemical is produced and whose aggregate production does not exceed 100 g 
per year per laboratory, and 
e) a set of facilities in which a Schedule 1 chemical is not produced, but it is handled for research, medi cal, pharmaceutical, medical or protective purposes.  2 Section  3 
Report on the handling of a Schedule  1 chemical  
(to implement Section  18 of the Act)  
The data that licence holders are to report to the Office on the handling of a Schedule  1 
chemical during the preceding calendar year and the expected handling of that chemical in the 
next calendar year are provided in Annex  2. 
Section  4 
Report on the handling of a Schedule  2 chemical  
(to implement Section  20(3) of the Act)  
(1) The quantities of a Schedule  2 chemi cal that trigger the obligation to report to the 
Office data on the handling of that chemical during the preceding calendar year and data on the expected handling of that chemical in the next calendar are as follows:  
a) 0.1 kg of a Schedule  2 chemical marked with the symbol ‘*’ in Part  A of this Schedule,  
b) 10 kg of a Schedule  2 chemical listed in Part A of this Schedule, other than that referred to 
in subparagraph (a), or  
c) 100 kg of a Schedule  2 chemical listed in Part B of this Schedule. 
(2) The concentration of a Schedule  2 chemicals mixed with other chemicals that triggers the 
obligation to report to the Office data on the handling of that chemical during the preceding calendar year and data on the expected handling of that chemical in the next calendar are as fol lows:  
a) 30 per cent by weight of a Schedule 2 chemical listed in Part B of this Schedule or  
b) 300 kg of the total quantity of a Schedule  2 chemical mixed with other chemicals.  
(3) The content of the report on the handling of a Schedule  2 chemical during the preced ing 
calendar year, the expected handling of that chemical in the next calendar year and the installation of new equipment for the production, processing or consumption of a Schedule  2 
chemical is provided in Annex  3. 
Section  5 
Transfer of a Schedule 2 chem ical 
(to implement Section  22(2) of the Act)  
(1) The maximum concentrations of a Schedule  2 chemical mixed with other chemicals 
that must not be exceeded in order for  a chemical to be transferred from or to States that are not 
States Parties to the Convention are as follows:  
a) 1 per cent by weight of a Schedule 2 chemical listed in Part A of this Schedule or  
b) 10 per cent by weight of a Schedule 2 chemical listed in Part B  of this Schedule. 
(2) At the same time, a product containing a Schedule  2 chemical in the concentration 
referred to in paragraph  1 shall be packaged in retail packaging or for individual use. 3 Section  6 
Report on the handling of a Schedule  3 chemical  
(to imple ment Section  23(3) of the Act)  
(1) The quantity of a Schedule  3 chemical that triggers the obligation to report to the Office 
data on the handling of that chemical during the preceding calendar year and data on the 
expected production of that chemical in the next calendar is 1  000 kg.  
(2) The concentration of a Schedule  3 chemical mixed with other chemicals that triggers the 
obligation to report to the Office data on the handling of that chemical during the preceding calendar year and data on the expected production of that chemical in the next calendar is as follows:  
a) 30 per cent by weight of the Schedule  3 chemical or  
b) 3 000 kg of the total quantity of the Schedule  3 chemical mixed with other chemicals.  
(3) The content of the report on the handling of a Schedule  3 chemi cal during the preceding 
calendar year, the expected production of that chemical in the next calendar year and the installation of new equipment for the production of a Schedule  3 chemical is provided in Annex  4. 
Section  7 
Transfer of a Schedule 3 chemical  
(to implement Section  25(2) of the Act)  
The transfer of a Schedule  3 chemical from or to States that are not States Parties to the 
Convention without the obligation to obtain the recipient’s declaration is subject to the following:  
a) the concentration of this chemical mixed with other chemicals does not exceed 30  per cent 
by weight of the Schedule  3 chemical or  
b) the packaging of the product containing this chemical is retail packaging or packaging for individual use. 
Section  8 
Record -keeping of scheduled chemicals  
(to implement Section  25a(2) of the Act)  
(1) The records of scheduled chemicals comprise  
a) if kept in paper form, the individual record- keeping sheets that shall be bound together and 
numbered consecutively so that the data provided therein cannot be changed subsequently; a model record -keeping sheet is provided in Annex  5, 
b) if kept in electronic form, records in the record- keeping system that enables monitoring 
and tracing of any changes, including the originator of the changes.  
(2) The records of schedule d chemicals shall contain  
a) the name(s), surname, date of birth and place of residence of the natural person or the name, identification number and registered office of the legal person handling the scheduled chemical,  
b) the date from which the records are bei ng kept,  
c) signature of the natural person who is handling the scheduled chemical or who is the statutory body or a member of the statutory body of the legal person handling the scheduled chemical,  
d) the name(s), surname, date of birth and place of residence of the natural person designated to keep the records and the person’s signature,  4 e) the names of the scheduled chemical for which the records of scheduled chemicals are 
being kept, 
f) in the case of licence holders, the reference number of the decision granting t he licence, and  
g) a list of scheduled chemicals containing the sequence number of the scheduled chemical 
and the first page or identification of the record where that chemical appears in the records of scheduled chemicals.  
(3) In the records of scheduled chemica ls, separate records shall be kept for each scheduled 
chemical. In the records of scheduled chemicals, the data referred to in paragraph  2(a)–(f) shall 
be provided, in the case of  
a) records in paper form, on the title page,  
b) records in electronic form, collectively; signatures of natural persons are not provided. 
(4) Corrections of erroneous data in the records of scheduled chemicals shall be made, in 
the case of  
a) records in paper form, in such a manner that the original entry remains legible and every correction i s signed by the person referred to in paragraph 2(d) stating the date of the correction,  
b) records in electronic form, in such a manner that every change in the data is accompanied by the date on which the change was made and an indication of who made it. 
(5) Separate records of scheduled chemicals shall be kept for Schedule 1 chemicals, 
Schedule  2 chemicals and Schedule 3 chemicals.  
(6) The records of scheduled chemicals shall be retained for a period of 5 years from the 
date when the handling of the scheduled chemi cal ended.  
Section  9 
Report on the production of certain organic chemicals  
(to implement Section  26(4) of the Act)  
The content of the report on the production of certain organic chemicals, the plants in which 
the chemicals are produced  and the precise location of the plants is provided in Annex  6. 
Section  10 
Notification  
This Implementing Decree was notified in accordance with Directive (EU)  2015/1535 of 
the European Parliament and of the Council of 9 September  2015 laying down a procedure for 
the provision of information in the field of technical regulations and of rules on Information Society services.  
Section  11 
Repealing provisions  
Implementing Decree No  208/2008, implementing the Act on certain measures related to 
the prohibition of  chemical weapons, is repealed.  5 Section  12 
Entry into force 
This Implementing Decree shall enter into force on... . 
 
   
Chairperson:  
 Drábová, Ph.D., m. p.  6 Annex  1 to Implementing Decree  No .../2020  
Content of the report on activities carried out for protective purposes during the 
preceding calendar year  
1. Details of the person submitting the report  
1.1. the name(s) and surname of the natural person or the name of the legal person or 
organisational unit of the State handling the scheduled chemical for protective purposes,  
1.2. identification number, if assigned,  
1.3. the place of residence of the natural person, or the registered office or place of establishment of the legal person, 
1.4. the calendar year for which the report is submitted,  
1.5. the reporting date, the name(s) and sur name of the natural person authorised to act on 
behalf of the person referred to in point 1.1. and the person’s signature, if the report is in paper form.  
2. Details of the implementation of programmes relating to protection against chemical weapons  
2.1. information on the implementation of programmes for protection against chemical weapons, including the general characteristics of these programmes indicating whether they relate to  
2.1.1. the protection of the armed forces against chemical weapons attacks,  
2.1.2. the protection of the population against chemical weapons attacks,  
2.2. the means of providing protective equipment for the armed forces or the population, in particular  
2.2.1. State -supported research and development,  
2.2.2. tender procedures,  
2.2.3. foreign sources.  
3. Details of the main research  and development activities related to protective purposes in the 
individual areas, in particular  
3.1. respiratory protection,  
3.2. protective clothing,  
3.3. collective protection,  
3.4. decontamination of the terrain, persons and materials, 
3.5. detection or identification of chem ical warfare agents,  
3.6. laboratory analysis of chemical warfare agents,  
3.7. medical countermeasures,  
3.8. modelling of risk situations.  
4. Details of the military units whose primary function may be the protection against chemical weapons, including a concise definition of their roles (in particular collective protection, decontamination, detection or medical countermeasures).  7 5. Details of training programmes related to protective purposes  
5.1. information about training of military units using real chemical warfare agents or 
simulants,  
5.2. information about training of military units in the following areas:  
5.2.1. use of personal protective equipment,  
5.2.2. decontamination,  
5.2.3. detection,  
5.2.4. medical aspects of protection, 
5.3. information about training for military units or civilians from other States on p rotection 
against a chemical weapons attack provided in the preceding year.  
6. Details of protection of the population 
6.1. information about programmes to protect the population against chemical weapons in 
the event of the use or threat of use of chemical weapons , 
6.2. information about exercises comprising the response to a chemical weapons attack 
against the population, 
6.3. information about training for the population on protection against the effects of chemical weapons attacks,  
6.4. information about training documentation relating to protection against chemical 
weapons attacks (e.g. leaflets, websites).  
7. Additional details, namely information about publicly available scientific publications published in the reporting calendar year concerning the purposes of the protection a gainst 
chemical weapons.  8 Annex  2 to Implementing Decree No  …/2020  
Data that licence holders are to report to the Office on the handling of a Schedule 1 
chemical during the preceding calendar year and the expected handling of that chemical 
in the next calen dar year 
REPORT IDENTIFICATIO N DATA 
1. The calendar year for which the report is submitted  
2. The reporting date  
3. Details of the person submitting the report  
3.1. the name(s) and surname of the natural person or the name of the legal person, 
3.2. identification number, if assigned,  
3.3. the place of residence of the natural person, or the registered office or place of 
establishment of the legal person, 
3.4. the reporting date, the name(s) and surname of the natural person authorised to act on behalf of the person referred to in point 3.1. and the person’s signature, if the report is in paper form.  
4. Details of the facility in which Schedule  1 chemical are handl ed 
4.1. name of the facility,  
4.2. details of the facility’s owner,  
4.3. the precise location of the facility and its geographical coordinates,  
4.4. the name(s) and surname of the responsible representative and his or her contact details.  
I. REPORT ON PAST ACTIVITIES  
5. Annual repo rt on the handling of a Schedule  1 chemical  
For each Schedule  1 chemical, the following information shall be provided:  
5.1. chemical name, the CAS registration number (if not assigned, the structural formula of the substance) and the schedule number according t o the Convention,  
5.2. the quantity produced,  
5.3. the quantity processed,  
5.4. the quantity consumed in the facility and the purpose of consumption, 
5.5. the maximum quantity held during the year,  
5.6. the quantity held at the end of the year,  
5.7. other forms of acquisition, 
5.8. transfers from other facilities in the Czech Republic,  
5.9. transfers to other facilities in the Czech Republic,  
5.10. transfers to the territory of the Czech Republic, 
5.11. transfer from the territory of the Czech Republic.  9 6. Detailed annual report on the production of a Schedule  1 chemical and on the 
consumption of precursors for the production thereof  
For each Schedule  1 chemical produced, the following information shall be provided:  
6.1. chemical name, the CAS registration number (if not assigned, the structural formula 
of the substance) and the schedule number according to the Convention,  
6.2. the quantity produced,  
6.3. the purpose of production, 
6.4. the production method used (the reaction scheme of production).  
For each precursor used for the production of a Schedule  1 chemical that is a scheduled 
chemical, the following information shall be provided:  
6.5. chemical name, the CAS registration number (if not assigned, the precursor’s structural formula) and the schedule number according to the Convention,  
6.6. the quantity of precursor used. 
7. Detailed annual report on every transfer of a Schedule 1 chemical between facilities in the Czech Republic  
For each individual transfer of a Schedule  1 chemical, the following information shall be 
provided:  
7.1. chemical name of the substance being transferred,  the CAS registration number (if 
not assigned, the structural formula of the substance) and the schedule number according to the Convention, 
7.2. the quantity of the Schedule  1 chemical received or provided,  
7.3. the name of the facility to or from which the Schedul e 1 chemical was transferred,  
7.4. the facility’s address.  
8. Detailed annual report on transfers of Schedule  1 chemicals to or from another State 
Party  
Part a)  Transfers of Schedule 1 chemicals broken down by State Party  
The following shall be provided for each S tate Party and for each Schedule 1 chemical 
transferred:  
8.1. the name and code of the State Party,  
8.2. chemical name of the substance, the CAS registration number (if not assigned, the structural formula of the substance) and the schedule number according to the Convention, 
8.3. the quantity of the Schedule  1 chemical received,  
8.4. the quantity of the Schedule  1 chemical provided.  
Part b)  Detailed annual report on every transfer of a Schedule 1 chemical to or from 
facilities in other State Parties  10 For each individual transfer of a Schedule 1 chemical, the following information shall be 
provided:  
8.5. chemical name of the substance, the CAS registration number (if not assigned, the 
structural formula of the substance) and the schedule number according to the Convention, 
8.6. the quantity of the Schedule  1 chemical received,  
8.7. the quantity of the Schedule  1 chemical provided,  
8.8. the code of the State Party,  
8.9. the name and address of the facility to or from which the chemical was transferred,  
8.10. the purpose and date of the transfer.  
II. REPORT ON PLANNED ACTIVITIES  
9. Detailed annual report on the production of a Schedule  1 chemical  
For each Schedule 1 chemical which is planned to be produced, the following information 
shall be provided:  
9.1. chemical name, the CAS registration number (if not assigned, th e structural formula 
of the substance) and the schedule number according to the Convention,  
9.2. the expected quantity of the Schedule  1 chemical to be produced,  
9.3. the expected date of production of the Schedule  1 chemical,  
9.4. the purpose of production. 
10. Notification  of a planned transfer of Schedule  1 chemicals to or from facilities in other 
State Parties  
For each planned transfer of a Schedule  1 chemical, the following information shall be 
provided:  
10.1. chemical name, the CAS registration number (if not assigned, the structural formula of the substance) and the schedule number according to the Convention,  
10.2. the quantity of the Schedule  1 chemical received,  
10.3. the quantity of the Schedule  1 chemical provided,  
10.4. the code of the State Party,  
10.5. the name and address of the facility to or from which the chemical will be transferred,  
10.6. the purpose and date of the planned transfer.  11 Annex  3 to Implementing Decree No  .../2020  
Content of the report on the handling of a Schedule  2 chemical during the preceding 
calendar year, the expected hand ling of that chemical in the next calendar year and the 
installation of new equipment for the production, processing or consumption of a 
Schedule  2 chemical  
1. Details of the person submitting the report  
1.1. the name(s) and surname of the natural person or the na me of the legal person 
handling the Schedule  2 chemical,  
1.2. identification number, if assigned,  
1.3. the place of residence of the natural person, or the registered office or place of 
establishment of the legal person, 
1.4. the reporting date, the name(s) and surname of the natural person authorised to act 
on behalf of the person referred to in point 1.1. and the person’s signature, if the 
report is in paper form.  
2. Details of the plants  
2.1. the number of plants subject to the reporting obligation, 
2.2. the name or identification of the plant, 
2.3. precise location, including geographical coordinates, 
2.4. specification whether the plant  
2.4.1. produces, processes or consumes a Schedule  2 chemical,  
2.4.2. is intended exclusively for these activities or is multi- purpose plant, 
2.4.3. carries out other activities with regard to the notified Schedule  2 chemical, 
including specification of these activities (for example storage),  
2.5. the plant’s production capacity for each Schedule  2 chemical.  
3. Details of the Schedule 2 chemical  
3.1. the chemical name of the Schedule 2 chemical, the common or trade name used by 
the person submitting the report and the CAS registration number (if the CAS 
registration number has not been assigned, its structural formula),  
3.2. annual report on past activities containing the total quantity of the Schedule  2 
chemical produced, processed, consumed or transferred by the person submitting the report in the preceding calendar year,  
3.3. annual report on expected activities containing the total estimated quantity of the Schedule 
2 chemical to be produced, processe d or consumed in the following calendar year, 
3.4. specification of the purposes for which the Schedule  2 chemical was or will be 
produced, processed or consumed, namely  
3.4.1. on-site processing and consumption with indication of product types,  
3.4.2. sales within the Czech  Republic with an indication of whether the Schedule  2 
chemical is intended for another industrial sector or another natural or legal person, 
and the final product type, 
3.4.3. direct transfer from the territory of the Czech Republic indicating the 
participating States,  
3.4.4. other purposes, including their precise specification. 12 Annex  4 to Implementing Decree No  …/2020  
Content of the report on the handling of a Schedule  3 chemical during the preceding 
calendar year, the expected production of that chemical in the next calendar year and 
the installation of new equipment for the production of a Schedule  3 chemical  
1. Details of the person submitting the report  
1.1. the name(s) and surname of the natural person or the name of the legal person handling 
the Schedule  3 chemical,  
1.2. identification number, if assigned,  
1.3. the place of residence of the natural person, or the registered office or place of 
establishment of the legal person, 
1.4. the reporting date, the name(s) and surname of the natural person authorised to act on behalf of the p erson referred to in point 1.1. and the person’s signature, if the report is 
in paper form.  
2. Details of the plants  
2.1. the number of plants subject to the reporting obligation, 
2.2. the name or identification of the plant, 
2.3. precise location, including geographical coordinates, 
2.4. specification whether the plant  
2.4.1. produces a Schedule  3 chemical,  
2.4.2. is intended exclusively for this activity or is multi- purpose plant,  
2.4.3. carries out other activities with regard to the notified Schedule  3 chemical, 
including specification of these  activities,  
2.5. the plant’s production capacity for each Schedule  3 chemical.  
3. Details of the Schedule 3 chemical  
3.1. the chemical name of the Schedule  3 chemical, the common or trade name used by the 
person submitting the report and the CAS registration number, 
3.2. annual report on past activities containing the total quantity of the Schedule  3 chemical 
produced by the person submitting the report in the preceding calendar year, 
3.3. annual report on expected activities containing the total estimated quantity of the Schedu le 3 chemical to be produced in the following calendar year,  
3.4. specification of the purposes for which the Schedule  3 chemical was or will be produced  
3.4.1. on-site processing and consumption with indication of the product type,  
3.4.2. direct transfer from the territory of the Czech Republic indicating the 
participating States,  
3.4.3. other purposes, including their precise specification. 13 Annex  5 to Implementing Decree No  …/2020  
Model sheet for record -keeping of scheduled chemicals  
Trade name of the scheduled chemical……………………………………CAS………………………….Unit of recorded quantity…..  
Chemical name of the scheduled chemical……………………………………………………………………………….page……..  
Sequential 
number of  
the record  Date of 
entry  In Out Stock  Supplier  
(name, place 
of 
establishment, 
ID) Document 
type and 
number  Recipient  
(name, place 
of 
establishment, 
ID) Recipient’s 
signature  Note 
1 2 3 4 5 6 7 8 9 10 
          
          
          
          
          
          
  
14 Annex  6 to Implementing Decree No  …/2020  
Content of the report on the production of certain organic chemicals, the plants in which 
the chemicals are produced and the precise location of the plants  
1. Details of the person submitting  the report  
1.1. the name(s) and surname of the natural person or the name of the legal person 
producing certain organic chemicals,  
1.2. identification number, if assigned,  
1.3. the place of residence of the natural person, or the registered office or place of establishment of the legal person, 
1.4. the reporting date, the name(s) and surname of the natural person authorised to act on behalf of the person referred to in point 1.1. and the person’s signature, if the report is in paper form.  
2. Details of the plants  
2.1. the number of plants that used synthesis to produce more than 200  tonnes of a certain 
organic chemical during the preceding calendar year or that used synthesis to produce more than 30 tonnes of a certain organic chemical containing phosphorus, sulphur or fluorine 
(herei nafter referred to as a ‘PSF -chemical’) during the preceding calendar year,  
2.2. precise location, including geographical coordinates, 
2.3. the quantity of the organic chemical produced,  
2.4. the quantity of the PSF -chemical produced by each plant referred to in point 2.2, 
2.5. the group of the organic chemicals produced, including PSF -chemicals.