1. ------IND- 2016 0358 CS- EN- ------ 20160728 --- --- IMPACT
IV.
REGULATORY IMPACT ASSESSMENT – FINAL REPORT SUMMARY
Name of the draft implementing decree:
IMPLEMENTING DECREE
of
2016,
amending Implementing Decree No 392/2003 on the safe operation of technical installations and
on requirements for dedicated technical pressure, hoisting, and gas equipment used during mining
activities and activities undertaken using mining methods, as amended by Implementing Decree No
282/2007
Author/representative of the submitter:
Czech Mining Authority
Expected date of entry into force; if this
involves more than one date, please specify
the first day of the third calendar month following
its promulgation
Implementation of EU law: NO
2. Objective of the draft implementing decree
The objective of the amendment is to identify the scope of authority of machinery installation
planners; this professional qualification was introduced by Implementing Decree No 378/2012,
amending Implementing Decree No 298/2005 on requirements for professional qualifications and
professional competence in the performance of mining activities or activities performed
underground and on amendments to certain legislation, as amended by Implementing Decree No
240/2006. It primarily deals with clearly stipulating content and other essentials of their designs.
The amendment also eliminates some inaccuracies in formulations, permitting misinterpretation.
The implementing decree has also been amended in reaction to emergencies, injuries, and findings
regarding new technical solutions.
3. Aggregate impact of the draft implementing decree
3.1 Impacts on the state budget and other public budgets: NO
The draft implementing decree has no effect on the state budget or on regional or municipal
budgets.
3.2 Impacts on international competitiveness: NO
3.3 Impacts on the business environment: YES
The impact on the business environment will be on the organisational level. Machinery installation
planners had already participated in the development and installation of machinery complexes in
the past. The amendment precisely specifies the scope of activities involved in their work and the
content and form of the resulting design. Other changes concern operation and inspection of
specified equipment. However, these changes are not fundamental ones, and will simply correct
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existing practices. No financial costs are expected.
3.4 Impacts on local government (municipalities, regions): NO
3.5 Social impacts: NO
3.6 Impacts on consumers: NO
3.7 Environmental impacts: NO
3.8 Impacts with regard to non-discrimination and equality between men and women: NO
3.9 Impacts on the performance of the state statistics service: NO
3.10 Corruption risks: NO
3.11 Impacts on state security or defence: NO
FINAL REGULATORY IMPACT ASSESSMENT REPORT
1.
Reason for submission and objectives
1.1
Title
An implementing decree amending Implementing Decree No 392/2003 on the safe operation
of technical installations and on requirements for dedicated technical pressure, hoisting, and gas
equipment used during mining activities and activities undertaken using mining methods, as
amended by Implementing Decree No 282/2007.
1.2
Definition of the issue
The current version of the implementing decree has been in force for 12 years now, and
reflects the knowledge and technical abilities of the time during which it was issued. Given
technical progress, emergencies, and injuries related to machinery, especially specified pressure,
hoisting, and gas devices, the need for amendment of some provisions arose. In addition, practical
experience showed that in some cases formulations used in the implementing decree could be
misinterpreted due to their ambiguity. Amendment of Implementing Decree No 298/2005 on
requirements for professional qualifications and professional competence in the performance of
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mining activities or activities performed underground and on amendments to certain legislation, as
amended, stipulated a new professional qualification, that of machinery installation planner.
Planners have been tested in all areas within the competence of the State Mining Administration,
have received their professional qualification certificates, and are currently performing appropriate
activities. However, the equipment for which they should create designs, including the content and
formal aspect thereof, is missing.
1.3
Description of the existing legal situation in this area
Currently, the issue of equipment (mechanical, not electrical) in general and especially
specified pressure, hoisting, and gas devices, within the scope of authority of the State Mining
Administration is addressed by Implementing Decree No 392/2003 on the safe operation of
technical installations and on requirements for dedicated technical pressure, hoisting, and gas
equipment used during mining activities and activities undertaken using mining methods, as
amended by Implementing Decree No 282/2007.
1.4
Identification of stakeholders
Stakeholders include:
- organisations performing mining activities and activities undertaken using mining
methods;
- organisations performing activities (installation, maintenance, checks and
inspections) on machinery on contract for the above organisations;
- persons with professional qualifications for inspecting specified pressure, hoisting,
and gas devices;
- persons with the professional qualifications of a machinery installation planner;
- the State Mining Administration.
1.5
Description of the objective
The main objective of the submitted draft is to eliminate the shortcomings stated in point 1.2
and update the original implementing decree to correspond to the current state of knowledge, thus
increasing the operating safety of equipment.
1.6
Risk assessment
If the implementing decree is not issued, the interpretation of some provisions will continue
to be disputed, especially in the interpretation of the term 'machinery design', which shall remain
undefined in legislation. Emergencies and injuries that have occurred in the meantime shall also not
meet with an adequate reaction, and thus the likelihood of their re-occurrence shall not be reduced
in an adequate manner.
2.
Proposed solution options
2.1
Option I
The 'zero option', meaning not issuing an implementing decree and preserving the status
quo, does not take into account the existence of a machinery installation planner as a professional
qualification, and does not react to changes in knowledge and technical abilities that have occurred
since the time Implementing Decree No 392/2003 was issued.
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2.2
Option II
Issue of a new implementing decree that eliminates the shortcomings listed in point 1.2.
3.
Assessment of costs and benefits
3.1
Identification of costs and benefits
The draft implementing decree has no financial impact on public budgets as it does not grant
any new competences to administrative authorities; it clarifies only those that have already been
stipulated by the Act. The competences that have already been granted will be exercised by
administrative authorities within the limits of their budgets.
3.2
Costs
The draft implementing decree has no financial impact on the business environment.
Stipulated obligations that organisations performing mining activities and activities undertaken
using mining methods must uphold will remain practically unchanged, with only minor changes and
refinements.
3.3
Benefits
Option I
The zero option, i.e. not issuing the implementing decree, provides no benefits. Questionable
interpretations of individual provisions will continue to occur, and thus corresponding different
approaches by individual organisations. Especially the part of the amendment that defines the
content of a machinery installation design will be interpreted in various ways, in most cases on the
minimalist side. If the content and all essentials of a design are not defined similarly as in
Implementing Decree No 75/2002 on the safe operation of electrical equipment used in mining
activities and activities undertaken using mining methods, for electrical equipment installation
designs, in many cases organisations will tend to create a document they will issue as a design and
that will be subject to one sole requirement – a minimum of work involved. For these reasons, there
is reason to fear that legally protected interests, i.e. the protection of human health and safety and
the safety of equipment operation, will not be fulfilled to the extent required without adequate
changes to the provisions being amended.
Option II
Issue of the implementing decree will contribute to increasing the safe operation of
machinery under the demanding conditions of mining activities or activities undertaken using
mining methods, as it will eliminate the disadvantages described in Option I. All amendments to
individual provisions followed from information obtained by the State Mining Administration
during its inspection activity.
3.4
Evaluation of the costs and benefits of the options
Option I
The zero option is not acceptable, as it does not react to changes that have occurred during
the 12 years Implementing Decree No 392/2003 has been in effect, especially as far as the creation
of the new professional qualification of a machinery installation designer is concerned. It is thus
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necessary to define the scope of authority of a designer and the essentials of the design
documentation he or she creates, which is required to commission machinery. The shortcomings
listed in point 3.3, found during the State Mining Administration's inspection activity, will continue
to exist.
Option II
Issue of the amendment will improve the interpretation of individual provisions, the system
of inspections, maintenance and tests of equipment will also now include a requirement for
stipulating inspections, maintenance and testing for necessary accessories, such as hoisting cables,
drainage devices, relief valves, etc.
In the submitter's opinion, a reduction of the risk of incorrect interpretation and definition of
the essentials of design documentation created by a machinery installation planner will help
increase the safety of operation of machinery. In particular, installation of production lines was not
hitherto adequately addressed within the scope of authority of the State Mining Administration, yet
is very frequent during mining activities and activities undertaken using mining methods. Every
such activity is basically unique, and all production lines are adapted to local natural conditions. In
practice this means that a miner purchases individual products approved pursuant to Act No
22/1997 on technical product requirements and on changes and amendments to some acts, as
amended, but how they connect to each other, and limits and especially safe values must be
addressed on a site-specific basis.
4.
Ranking of the options and selection of the most suitable option
The most expedient option, in accordance with the evaluation of costs and benefits as per
Chapter 1.3, is option II, which means the issue of an amended implementing decree on the safe
operation of technical installations and on requirements for dedicated technical pressure, hoisting,
and gas equipment used during mining activities and activities undertaken using mining methods.
The draft implementing decree has no effect on the environment, the equality of men and
women, the state budget, or regional or municipal budgets. Impacts on businesses are assumed only
on the organisational level – the scope of activity of machinery installation planners will be
specified more closely, as will the content and form of the resulting design. Businesses are not
expected to incur any costs in connection with the amendment. The proposed legislation also has no
impact with regard to protection of privacy and personal information, or with regard to the
performance of the state statistics service, presents no risk of corruption, and shows no indication of
discriminating against any social or community group. Impact on security or state defence is not
relevant for the draft amendment to the implementing decree.
5.
Implementation of the recommended option and enforcement
The Czech Mining Authority and relevant district mining offices will supervise compliance
with obligations stipulated by the draft implementing decree to the extent stipulated in § 39(1)(b) of
Act No 61/1988 on mining activities, explosives, and on the State Mining Administration, as
amended.
6.
Review of efficiency of the legislation
A review of the efficiency of the requirements arising from the present draft implementing
decree will be carried out by State Mining Administration authorities in the context of supreme
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oversight. If serious shortcomings are found in the draft implementing decree, amending legislation
will be drawn up.
7.
Consultation
The proposed version is based on findings of central mining inspectors responsible for
machinery and electrical equipment at the Czech Mining Authority and at individual district mining
offices.
8.
Contact details of the author of the regulatory impact assessment
Ing. Jiří Fiedor, Czech Mining Authority, Department of Mining, tel. 221 775 346, e-mail:
[email protected].
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III.
JUSTIFICATION
A.
General part
1. An explanation of the necessity of the proposed legislation, justification of its
main principles
The objective of the amendment is to identify the scope of authority of machinery
installation planners; this professional qualification was introduced by Implementing Decree No
378/2012, amending Implementing Decree No 298/2005 on requirements for professional
qualifications and professional competence in the performance of mining activities or activities
performed underground and on amendments to certain legislation, as amended by Implementing
Decree No 240/2006. It primarily deals with clearly stipulating content and other essentials of their
designs. The amendment also eliminates some inaccuracies in formulations, permitting
misinterpretation. The implementing decree has also been amended in reaction to emergencies,
injuries, and findings regarding new technical solutions.
2. Assessment of the draft legislation's conformity with the constitutional order of
the Czech Republic and with the act it is to implement, including conformity with
the statutory empowerment for its issue
The present implementing decree complies with the constitutional rule of the Czech
Republic and the act for the implementation of which it has been proposed. It stems from the
principles set out in the Constitution of the Czech Republic and the Charter of Fundamental Rights
and Freedoms, in particular the principle of legality, referred to in Article 2(3) of the Constitution
and Article 4 of the Charter, and the principle of legitimate exercise of public authority, referred to
in Article 2 of the Charter. Empowerment for the issue of the implementing decree and its limits are
stipulated in §§ 5(3), 6(6)(a) and 8a(8) of Act No 61/1988 on mining activities, explosives and the
State Mining Administration, as amended.
3. Assessment of compatibility of the proposed legislation with the law of the
European Union and international treaties binding the Czech Republic
In the submitter's opinion, the proposed legislation is in compliance with international
treaties binding the Czech Republic and with EU law, especially with Directive 2014/68/EU of the
European Parliament and of the Council of 15 May 2014 on the harmonisation of the laws of the
Member States relating to the making available on the market of pressure equipment, and Council
Directive 92/104/EEC of 3 December 1992 on the minimum requirements for improving the safety
and health protection of workers in surface and underground mineral-extracting industries.
European Union case-law does not concern the area addressed in the implementing decree. This
implementing decree will be 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. This
ensures compliance with this directive.
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4. Assessment of the current legal situation and justification of the need to change
it
Implementing Decree No 392/2003 on the safe operation of technical installations and on
requirements for dedicated technical pressure, hoisting, and gas equipment used during mining
activities and activities undertaken using mining methods, was amended only once during the
course of the 12 years it was in effect, by Implementing Decree No 282/2007. Given technical
progress, emergencies, and injuries related to machinery, especially specified pressure, hoisting, and
gas devices, the need for amendment of some provisions arose. In addition, practical experience
showed that in some cases formulations could be interpreted in two ways. It is also necessary to
clearly define the scope of responsibility of a machinery installation planner and the content and
essentials of the designs he or she creates.
5. Expected economic and financial impact of proposed legislation on the state
budget, other public budgets, on the business environment in the Czech Republic,
social impacts, including impacts on families and impacts on specific population
groups; environmental impacts
The draft implementing decree has no financial impact on the state budget or other public
budgets as it does not grant any new competences to administrative authorities; it clarifies only
those that have already been stipulated by the Act. The competences that have already been granted
will be exercised by administrative authorities within the limits of their budgets. The draft has no
financial impact on the business environment. Stipulated obligations that organisations performing
mining activities and activities undertaken using mining methods must uphold will remain
practically unchanged, with only minor changes and refinements. Given the technical nature of the
given legislation, the submitter does not expect any social impacts or environmental impacts.
6. Evaluation of the current situation and the impacts of the proposed solution in
relation to the prohibition of discrimination and in relation to the equality of men
and women
The draft implementing decree contains no provision that would be contrary to the
prohibition of discrimination. The impact on the equality of men and women is neutral.
7. Assessment of impacts of the proposed solution in relation to the protection of
privacy and personal data
The proposed legislation complies with Act No 101/2000 on the protection of personal data
and on amendments to certain other acts, as amended. The material does not increase the amount of
personal data processed and does not change the method of handling the data.
8. Assessment of corruption risks
The proposed legislation contains no provisions that would be subject to a risk of corruption.
The draft does not broaden the competences of public authorities.
9. Assessment of impacts on state security or defence
Impact on state security or defence is not relevant for the draft amendment to the
implementing decree.
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B.
SPECIAL PART
Re Article I
Re point 1 [§ 3(3)(a)]
The system of inspections, maintenance and tests of equipment will also now include a requirement
for stipulating inspections, maintenance and testing for necessary accessories that are an essential
part of the use of equipment and can affect safety just as much as the main equipment. These are,
for example, hoisting gear, drainage devices, relief valves, etc.
Re point 2 (§ 3a)
Subsection (1) stipulates a requirement for creating a design for production complexes, lines and
similar units that comprise individual products manufactured pursuant to Act No 22/1997 on
technical product requirements and on changes and amendments to some acts, as amended. The
design then stipulates how they connect to each other, their limit states, blocks, load-bearing
structure calculations, the locations of safety elements, their settings and prescribed post-installation
tests, etc. They are primarily site-specific settings that must be configured at the installation location
that the manufacturer either does not address or addresses differently. It also stipulates formal
design essentials that are binding for machinery installation planners.
Subsection (3) now contains a requirement for specifying a technician responsible for managing the
installation, operation and maintenance of machinery, who must at least have completed uppersecondary education [maturitní zkouška] with a technical focus. Current legislation requires, in
Implementing Decree Nos 22/1989, 26/1989 and 51/1989, that a technician be specified for
managing the installation, operation and maintenance of equipment only for individual types of
machine transport. However, especially in the case of small quarries, there are cases where the
quarried mineral is loaded using equipment pursuant to Act No 22/1997 directly on a means of
transport regulated by Act No 56/2001 on operating conditions for vehicles on roadways, and based
on Implementing Decree No 341/2014 on approval of technical fitness and on technical operating
conditions for vehicles on roadways. Thus, these organisations do not have a clearly designated
individual responsible for the operation of specified equipment (especially hoisting and pressure
devices) who is responsible for ensuring prescribed inspections of this equipment, which in the
given case is contracted out.
Re point 3 [§ 6(3)]
The definition of gas equipment was clarified in the text so that it could not obviously include gas
management of inert gases such as nitrogen, for example. The fact that the specified equipment is
not classified among specified gas equipment has no effect on the eventual classification of pressure
vessels used in these inert systems among specified pressure equipment.
Re points 4 and 5 [§ 7(5)]
In this provision, transport equipment in vertical underground structures was moved from Class II
to the stricter Class I. The change was decided on based on experience with the operation of mining
and transport equipment, especially due to the increase in emergencies and injuries occurring during
the operation of this equipment.
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Re point 6 [§ 12(9)]
This subsection was clarified due to the reclassification of transport equipment in vertical
underground structures from Class II to Class I in the aforementioned § 7(5).
Re points 7 to 9 (§ 17 and Annex 7, Part II, point 2)
§ 17 and Annex 7 stipulate conditions for issuing a certificate for the operation of gas equipment.
The certification requirement was cancelled on account of it being too strict after practical
experience with a significant number of applicants in 2007. However, references to conditions for
issuing these certificates were not deleted at that time, and are thus superfluous in the current
version of the implementing decree.
Re Article II
Given the technical nature of the legislation, the implementing decree must be 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.
Re Article III
It is proposed that entry into force be stipulated with a three-month vacatio legis period.
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