Carrying out pyrotechnic surveys

Carrying out pyrotechnic surveys is a licensed (concession) trade focused on searching for unexploded ordnance, explosives and other pyrotechnic items in the terrain, on land and in structures. A concession granted by the Trade Licensing Office in administrative proceedings is required to do business; the trade licence comes into existence only on the day the decision granting the concession becomes final.

Conditions for operating

General conditions under Section 6 of the Trade Licensing Act: full legal capacity and a clean criminal record (a clean criminal record is demonstrated, Section 6 of Act No. 455/1991 Coll.).

A licensed (concession) trade under Section 27 of Act No. 455/1991 Coll. – the Trade Licensing Office decides on granting the concession in administrative proceedings. In addition to the general conditions and the professional qualification, under Annex No. 3 (to Section 27(3)) the reliability of the entrepreneur or of the statutory body or a member of the statutory body is also assessed (Section 1(5) of Act No. 451/1991 Coll.).

Professional qualification under Annex No. 3 to the Trade Licensing Act (Section 27(1) and (2)), demonstrated by one of the options:
a) a pyrotechnician's authorisation issued by the district mining authority, or
b) a certificate of professional competence of the applicant for the issue of a permit for carrying out pyrotechnic surveys.

Experience is not required.

The legal regulation of professional and other competence is based on Sections 6 to 8 and 27 of Act No. 455/1991 Coll.

The Act does not require medical fitness or liability insurance for this trade.

The professional qualification may be met through a responsible representative under Section 11 of the Trade Licensing Act.

Examples of activities

searching for unexploded ordnance (UXO) in the terrain
pyrotechnic survey of land intended for development
survey of a construction site for the presence of explosives and ordnance
detection of ordnance before earthworks and excavation works
pyrotechnic survey of water surfaces and riverbeds
survey of former military areas and shooting ranges
verification of an area before mineral extraction or cable routing
preparation of a report on the results of a pyrotechnic survey

What the trade is and what it is for

The trade Carrying out pyrotechnic surveys (a licensed/concession trade) involves the systematic searching for unexploded ordnance, explosives, incendiary and pyrotechnic items and their remnants in a given area. The aim is to determine whether dangerous items are present in the ground, in water or in structural constructions, and thereby to enable other works – for example construction, earthworks, extraction or reclamation – to be carried out safely.

A pyrotechnic survey is a high-risk activity, which is why Act No. 455/1991 Coll., on trade licensing (the Trade Licensing Act), classifies it among the most strictly regulated licensed (concession) trades. You may do business in it only on the basis of the grant of a concession, that is a state permit.

What falls under this trade (and what does not)

The trade covers in particular:

searching for and locating unexploded ordnance (UXO) and explosives in the terrain,
pyrotechnic survey of land, construction sites, water surfaces and riverbeds,
survey of former military areas, shooting ranges and battlefields,
detection works before earthworks, excavation and extraction works,
preparation of a report and documentation on the results of the survey.

What does not belong here: the actual neutralisation, destruction or removal of ordnance and explosives found (disposal is carried out by authorised entities, generally the pyrotechnic service of the Police of the Czech Republic or the Army of the Czech Republic under special regulations). Handling explosives in mining activities falls under mining regulations and separate authorisations. Likewise, firework displays and entertainment pyrotechnic works are governed by different legislation. If you are unsure about the classification of a specific activity, verify its scope with the Trade Licensing Office.

Conditions for obtaining it under the law

The applicant must meet the general conditions under Section 6 of the Trade Licensing Act, that is full legal capacity and a clean criminal record. A clean criminal record is demonstrated for this trade (Section 6 of Act No. 455/1991 Coll.).

Because it is a licensed (concession) trade under Section 27, the Trade Licensing Office assesses, in addition to the general conditions and the professional qualification, also the reliability of the entrepreneur or of the statutory body (or a member of the statutory body) under Annex No. 3 to the Trade Licensing Act, linked to Section 1(5) of Act No. 451/1991 Coll.

The professional qualification is assessed under Annex No. 3 to the Trade Licensing Act (Section 27(1) and (2)) and is demonstrated by one of the following options:

a) a pyrotechnician's authorisation issued by the district mining authority, or
b) a certificate of professional competence of the applicant for the issue of a permit for carrying out pyrotechnic surveys.

Experience is not required. The legal regulation of professional and other competence and of the concession proceedings themselves is based on Sections 6 to 8 and 27 of Act No. 455/1991 Coll. (Section 6 – general conditions, Section 7 – professional qualification, Section 8 – obstacles to operating a trade, Section 27 – professional and other special competence for concessions).

If you do not personally meet the professional qualification, you may ensure it through a responsible representative under Section 11 of the Trade Licensing Act – a natural person who is responsible for the proper operation of the trade and meets both the professional and the general qualification. One person may act as responsible representative for no more than four entrepreneurs.

How to notify or obtain the trade step by step

For a licensed (concession) trade you do not submit a notification but an application for a concession. Proceed as follows:

Complete the Unified Registration Form (URF) – it serves as the application for a concession and at the same time as a notification to the tax office, the social security administration and the health insurance company.
Submit the application at any municipal Trade Licensing Office, electronically via the rzp.gov.cz portal, or at a Czech POINT contact point.
Document the professional qualification (a pyrotechnician's authorisation or a certificate of professional competence) and other documents.
The Trade Licensing Office will assess whether the conditions of the concession are met. The central body of state administration responsible for this trade is the Ministry of Industry and Trade, Na Františku 32, 110 15 Prague 1 – Staré Město.
The office will decide on the application in administrative proceedings, generally within 30 days.

The trade licence comes into existence only on the day the decision granting the concession becomes final – not on submission of the application. You will find a detailed general procedure in the guide How to set up a trade.

Documents and fees

Application for a concession submitted on the Unified Registration Form (URF).
Document evidencing professional qualification – a pyrotechnician's authorisation issued by the district mining authority, or a certificate of professional competence for a pyrotechnic survey.
Identity document; the office will obtain the extract from the Criminal Records Register itself.
Where applicable, documents relating to the responsible representative (Section 11).
Administrative fee: CZK 1,000 for the application for a concession on first entry into business, CZK 500 for the application for a further concession.
Time limit for the decision: generally 30 days from submission of the application.

Frequently asked questions

Can I start doing business immediately after submitting the application?

No. Unlike notifiable trades, the licence comes into existence only on the day the decision granting the concession becomes final. Until then you must not carry out a pyrotechnic survey.

Is a pyrotechnician's authorisation from the mining authority enough for me?

Yes, a pyrotechnician's authorisation issued by the district mining authority is one of the two recognised options of professional qualification. The other is a certificate of professional competence of the applicant for the issue of a permit for carrying out pyrotechnic surveys.

Is professional experience required?

No, experience is not required for this trade. It is sufficient to provide one of the prescribed options of professional qualification.

What if I do not have the professional qualification?

You may appoint a responsible representative under Section 11 of the Trade Licensing Act, who meets the prescribed qualification and is responsible for the proper operation of the trade.

How much will I pay for the application for a concession?

The administrative fee is CZK 1,000 on first entry into business. For the application for a further concession you will pay CZK 500.