Act No. 1 / 2002 Coll.
Act amending Act No. 13 / 1993 Coll., Customs Act, as amended
Valid
Effective from 01.07.2002
Contents
Čl. I
㤠4a
§ 4b
㤠20
㤠23
㤠28
㤠33b
§ 33c
§ 33d
§ 33e
§ 33f
§ 46
㤠46a
§ 46b
§ 46c
㤠47
㤠51a
㤠86
㤠92
㤠118a
㤠127
㤠128
㤠128a
§ 128b
§ 128c
§ 132a
§ 132b
§ 132c
§ 132d
§ 132e
§ 132f
§ 132g
§ 132h
§ 132i
§ 132j
§ 132k
§ 132l
§ 132m
㤠138a
㤠139
㤠139a
§ 139b
§ 139c
§ 139d
§ 139e
§ 139f
§ 139g
§ 139h
㤠141a
§ 141b
§ 141c
§ 141d
§ 141e
§ 141f
㤠142a
§ 142b
§ 142c
㤠144
§ 144a
§ 144b
§ 144c
§ 144d
§ 144e
§ 144f
§ 144g
§ 144h
§ 144i
§ 144j
§ 144k
§ 144l
§ 144m
§ 144n
§ 144o
§ 144p
§ 144r
§ 144s
§ 144t
§ 144u
§ 144v
§ 144w
§ 144x
§ 144y
§ 144z
§ 144aa
§ 144bb
144cc
§ 144dd
§ 144ee
§ 144ff
§ 144gg
§ 144hh
§ 144ii
§ 144jj
§ 144kk
§ 144ll
§ 144mm
§ 144nn
§ 144oo
§ 144pp
§ 144rr
㤠146a
㤠148a
㤠149a
㤠152a
㤠153
㤠154a
㤠156
㤠158
㤠162a
§ 162b
§ 162c
§ 162d
§ 162e
§ 162f
§ 162g
§ 162h
§ 162i
§ 162j
§ 162k
§ 162l
㤠169a
㤠171
㤠172a
㤠174
㤠178a
㤠180
㤠181
㤠183
㤠184a
㤠186
㤠186a
§ 186b
§ 186c
§ 186d
§ 186e
§ 186f
§ 186g
§ 186h
㤠188
㤠192a
㤠195
㤠196a
§ 196b
§ 196c
§ 196d
§ 196e
㤠200a
㤠201a
㤠212a
§ 212b
§ 212c
§ 212d
§ 212e
§ 212f
§ 212g
§ 212h
§ 212i
§ 212j
§ 212k
§ 212l
㤠214a
㤠215a
§ 215b
㤠216a
§ 216b
§ 216c
§ 216d
§ 216e
㤠219a
㤠236
㤠241a
㤠245a
§ 245b
㤠249a
㤠254
㤠256
㤠257
㤠258
㤠259
㤠259a
㤠260a
§ 260b
§ 260c
§ 260d
§ 260e
§ 260f
§ 260g
§ 260h
§ 260i
§ 260j
§ 260k
§ 260l
㤠263a
§ 264
§ 265
§ 266
§ 267
§ 268
§ 269
§ 270
§ 271
§ 272
§ 273
§ 274
§ 275
§ 276
㤠305
㤠319
㤠320
㤠322
㤠322a
㤠323a
Čl. II
Čl. III
Čl. IV
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1
THE LAW
of 5 December 2001
amending Act No. 13 / 1993 Coll., Customs Act, as amended
Parliament has decided on this law of the Czech Republic:
Act No. 13 / 1993 Coll., Customs Act, as amended by Act No. 35 / 1993 Coll., Act No. 113 / 1997 Coll., Act No. 63 / 2000 Coll., Act No. 256 / 2000 Coll. and Act No. 265 / 2001 Coll., is amended as follows:
1. In Article 2, at the end of point (c) comma, the following is replaced by a semicolon and the following is added: "A foreign person operating in the Czech Republic through an organisational component in matters relating to this business shall be regarded as a Czech person."
2. in § 2 (e) (3), the words "point 1" are replaced by the words "point 2";
3. In Article 2 (f), the words "Czech goods are to be exported abroad, unless they are placed under transit arrangements' are replaced by the words" Czech goods which have been exported abroad in accordance with this Act are to be lost status of Czech goods at the time of their actual export abroad, except where they have been placed under transit procedure and the customs offices of departure and destination are located in the country '.
4. In Article 2 (g), the words "importing or exporting them 'shall be inserted after the words" recipient or traveller'.
5. In Article 2 (h), the word "Statute 'is replaced by" Statute'.
6. in Article 2, the following point (q) is inserted after point (p):
"(q) the presentation of the goods to the customs office of notification to the customs office of delivery of the goods to the customs office or to a place designated or approved by the customs authorities, in the manner determined by the customs office,"
Points (q) and (r) shall be renumbered as points (r) and (s).
7. In Article 2, at the end of the dot, the text is replaced by the following:
"(t) by the debtor, the person who is obliged to pay the customs duty.";
8. the following Articles 4a and 4b are inserted after Article 4, including footnotes 1), 1a), 1b) and 1c):
Processing of personal data by customs
(1) The customs authorities shall process (1) personal data (1a) without the consent of the person (1b), including data relating to criminal offences, where this results from their jurisdiction under law or from an international treaty which the Czech Republic is bound by and which has been published in the Collection of Laws or in the Collection of International Treaties ("the International Treaty").
(2) The customs authorities are authorised to process the personal data referred to in paragraph 1 for natural persons,
(a) where customs supervision, official action or official action is or has been carried out;
(b) which have infringed customs and tax legislation or are reasonably suspected of infringing it; or
(c) which are parties to or otherwise have taken part in the procedure before the customs authorities.
(3) Where the customs authorities transmit personal data to other States, they may do so without authorisation from the Office for Personal Data Protection. 1c)
False or inaccurate personal data
(1) The customs authorities are also authorised to process false, inaccurate or unverified personal data and to collect personal data when it comes to the personal data of the entities
(a) reasonably suspected of criminal activity or other forms of violation of customs and tax legislation;
(b) which may reasonably be expected to be involved in illicit trafficking in narcotic drugs, psychotropic substances or other forms of illicit imports or exports of goods the international treaty obliges to detect and prosecute.
(2) Upon written request, the customs authorities shall communicate to the applicant, free of charge, personal data relating to the applicant's person within 30 days of his receipt.
(3) Upon written request, the customs authorities shall carry out free disposal or repair of false or inaccurate personal data relating to the person of the applicant, without delay after his service.
(4) Applications under paragraphs 2 and 3 shall be decided by the Ministry. A new application may be made at the earliest one year after the previous application.
(5) The customs authorities will not comply with the requests referred to in paragraphs 2 and 3 if there is a risk
(a) the performance of the customs administration tasks in connection with the performance of the tasks arising from paragraph 1;
(b) the legitimate interests of the third party.
If the applicant fails to comply, the decision on the application shall be justified in writing.
(6) Where the customs authorities do not process any personal data relating to the applicant's person, or where the communication of the reasoned decision would jeopardise the performance of the customs administration's tasks in connection with the performance of the tasks arising from paragraph 1, the applicant shall be informed in writing that the customs authorities do not process any personal data relating to the applicant.
(7) The procedure for processing an application shall not be subject to the administrative rules.
1) § 4 (e) of Act No. 101 / 2000 Coll., on the protection of personal data and on the amendment of certain laws, as amended.
1a) § 4 (a) of Act No. 101 / 2000 Coll., as amended.
1b) § 4 (d) of Act No. 101 / 2000 Coll., as amended.
1c) § 2 of Act No. 101 / 2000 Coll., as amended. '
footnote 1 shall be renumbered footnote 1d, including the footnote reference.
9. in Article 5 (1), the words "unless otherwise provided for in a special law, 2a)" shall be added at the end of point (e).
footnote 2a is replaced by the following:
"(2a) Act No. 18 / 1997 Coll., on the Peaceful Use of Nuclear Energy and Ionizing Radiation (Atomic Act) and on the Amendment and Addition of Certain Laws, as amended."
10. in Article 5 (1), point (f) is deleted;
Points (g) to (i) shall be renumbered as points (f) to (h).
11. in Article 5 (1) (h):
"(h) decide on the authorisation to secure the customs debt by a global guarantee for the common transit procedure and an individual guarantee using a guarantee document and on the authorisation not to secure the customs debt in the common transit and customs procedures outside national transit,";
12. In Article 5, at the end of paragraph 1, the dot is replaced by a comma and the following points (i), (j), (k) and (l) are added:
"(i) decide to grant authorisation to be a guarantor and issue customs and guarantee documents under an international agreement, 3a)
j) deliver opinions on the Czech persons who intend to carry out international carriage of goods under cover of the TIR carnet and decide to exclude persons from this system, if the international contract so provides, 3b)
(k) decide to authorise the placing of goods under the common transit procedure or to terminate the procedure with several customs offices without presentation of the goods;
(l) may, on the basis of the outcome of the selection procedure under special legislation (3c), entrust the legal person with the determination of the axle load and the mass of the goods vehicle or combination entering or leaving the country.
(3a) Article 6 of Decree No 144 / 1982 Coll., on the Customs Convention concerning the International Carriage of Goods under cover of a TIR Carnet (TIR Convention). Article 1 of Decree No 89 / 1963 Coll., on the Customs Convention on the Carnet of A. T.A. for the import of goods (ATA Convention). Article 1 Annexes A to the Communication of the Ministry of Foreign Affairs No. 33 / 2000 Coll. on the adoption of the Convention on Temporary Use.
3b) Article 38 of Decree No 144 / 1982 Coll.
3c) Act No. 199 / 1994 Coll., on Public Procurement, as amended. '
Notes (3a), (3b) and (3c) are renumbered as footnotes (3d), (3e) and (3f), including footnote references.
13. In the introductory sentence of Section 6, the words "by which the Czech Republic is bound (hereinafter referred to as the" International Treaty ") 'are deleted.
14. in § 8 (b):
"(b) decide, on the basis of an application for authorisation to secure a customs debt, a global guarantee for operations other than the common transit procedure and an authorisation not to secure a customs debt in national transit,";
15. in § 8, the following points (f), (g), (h) and (i) are replaced at the end of the dot:
"(f) decide on the basis of an application for authorisation to certify the origin of the goods on an invoice or other commercial document;
(g) keep records and statistics necessary for the performance of its tasks;
(h) may, for reasons of due consideration, delegate to certain operations other than the competent customs office responsible, or carry out such operations itself, or may participate in such operations;
(i) carry out other tasks laid down by specific provisions. ";
16. In Article 8, the current text becomes paragraph 1 and the following paragraphs 2, 3, 4 and 5 are added:
"(2) In addition to the scope referred to in paragraph 1, the Customs Directorate:
(a) reveals the offences provided for by special law 3g) and ascertains persons suspected of committing them;
(b) search for goods released from customs supervision.
(3) The Customs Directorate shall also carry out the tasks arising from international agreements,
(a) in the manner set out in Sections 33b to 33f and 37a to 37c, supervise persons for whom there are serious reasons to believe that they have infringed or infringed the customs legislation of the other Contracting Party;
(b) supervise the movement of goods known to cause a material breach of the customs legislation of the other Contracting Party;
(c) supervise means of transport and containers for which there is a serious presumption that they have been, are or may be used in breach of the customs legislation of the other Contracting Party;
(d) take the necessary measures for the supply of narcotic drugs and psychotropic substances to be monitored to ensure supply, to permit the continuation of supply in an intact form or to make a partial or complete substitution or transfer thereof. 3e)
(4) The Customs Directorate may, with the agreement of the Ministry, carry out the duties referred to in paragraphs 2 and 3 even outside its territorial area.
(5) Information from the records and statistics kept by the Customs Directorate is provided by the Customs Directorate to the other customs authorities; other national authorities may be provided with this information only if it is necessary for the performance of their tasks. 3d)
3g) § 12 (2) of the Code of Criminal Procedure. '
footnote 3g shall be renumbered footnote 3l, including the footnote reference.
17. in Article 10 (1) and (2), including footnote (3h) and (3i):
"(1) Customs offices are hereby established. The territorial scope of customs offices is set out in the Annex to this Act. The territorial competence of the customs office shall not be altered if the division or merger of the municipalities (3h) or the military exits occur. 3i)
(2) If the Ministry decides to establish a branch of the customs office in order to exercise its competence as referred to in Article 11 (1), it shall publish the decision by means of a communication in the Collection of Laws.
3h) Act No. 128 / 2000 Coll., on municipalities (municipal establishment), as amended.
3i) Act No. 222 / 1999 Coll., on securing the defence of the Czech Republic. '.
18. In Article 10 (3), the words "and 3 'and the words in brackets' (supervisory and search services) are deleted.
19. in Article 11 (1) (c), in the sentence after the semicolon, the words "if processing operations" are replaced by "if processing operations" and the words "first processing operations" are replaced by "first processing operations."
20. in Article 11 (1) (l):
"(l) checks the documents necessary for the export, import or transit of goods issued under special regulations, 3f) in particular the official authorisation to import and export products (licences), to import and export military material, including compliance with the conditions laid down therein, and checks that the obligations laid down in specific regulations are complied with; (f) in order to ensure these tasks, it shall carry out all necessary actions and take appropriate measures if deficiencies are identified; ';
21. in Paragraph 11 (1) (s):
"(s) checks compliance with the maximum permissible axle load and the maximum permissible mass of the goods vehicle or combination entering or leaving the country;"
22. the following points (t) and (u) are added at the end of Paragraph 11 (1):
"(t) decide on the authorisation to use the simplified procedure provided for in Article 124 (1) (a) to (d), in the absence of the Ministry's competence;
(u) carry out other tasks laid down by specific legislation. ";
23. in Article 11 (2), points (d), (e) and (i) are deleted;
Points (f), (g) and (h) shall be renumbered as points (d), (e) and (f).
24. In Article 11 (2), at the end of the dot, the text is replaced by the following:
"(g) establish the organisational conditions for the entry of vehicles into the customs territory in the application of logistical systems which replace the waiting of means of transport on access roads to the border crossing for customs clearance.";
25. in Article 11, paragraph 3 is deleted;
Paragraph 4 shall become paragraph 3.
(26) footnotes (3d) and (3e) shall become footnotes (3j) and (3k), including the footnotes.
27. in Paragraph 12 (1), at the end of the sentence, the second word "Ministry" shall be replaced by the words "Czech Republic, on whose behalf the Ministry acts."
28. in Paragraph 12 (2):
"(2) Customs officers carrying out the duties referred to in Articles 8 (2) and (3) and 11 (2) shall be included in the armed office of the customs administration."
29. in Article 13 (1), point (e) is replaced by the dot and point (f) is deleted;
30. in Article 17 (1) (c), including footnote 5,
"(c) a customs assistant if he has a university education. 5)
5) Sections 45 to 47 of Act No. 111 / 1998 Coll., on Higher Education and on the amendment and addition of certain other laws (Act on Higher Education), as amended by Act No. 210 / 2000 Coll. '.
31st Paragraph 19b (a) reads:
"(a) the period of service of years in rank,"
32. Paragraph 19c (2) is deleted and paragraph 1 is deleted.
33.
Health of customs officers and provision of racing preventive care in customs administration
(1) In order to assess the medical or mental fitness of a person seeking the service of a customs officer and in connection with the termination of his or her service and during the duration of his or her service, the competent medical practitioner for racing preventive care shall, unless such authorisation is attributable to a medical commission.
(2) The Ministry, in agreement with the Ministry of Health, lays down requirements for the physical, medical and mental fitness of customs officers, defects and conditions which exclude the admission of a candidate to service or exclude or restrict the performance of a service and the types of services which are particularly difficult or harmful.
(3) In addition to the tasks referred to in paragraph 1, doctors shall provide preventive care to customs and civil servants for preventive care. Racing preventive care is also provided to customs and civil servants by authorised doctors, on the basis of agreements on work outside employment. (a)
(4) The treating physician shall report to the doctor referred to in paragraph 3 a disease or suspicion of a disease which limits the performance of the service.
(5) The Ministry creates conditions for the provision of racing preventive care, (5b) for customs officials and civil servants of the customs administration, and to this end it concludes contracts for the provision of racing preventive care with medical facilities professionally competent to provide racing preventive care.
(6) The costs of ensuring the performance of preventive farm care in customs administration are part of the Ministry's management.
5 (a) § 232 of Act No. 65 / 1965 Coll., Labour Code, as amended.
5b) § 18a, 35a, 40 of Act No. 20 / 1966 Coll., on the care of the health of the people, as amended. '
34. The footnotes 5a, 5b, 5c, 5d and 5e shall be renumbered as footnotes 5c, 5d, 5e, 5f and 5g, including the footnotes.
35.
(1) A service act means the conduct of a customs officer seeking to fulfil the duties of the customs administration.
(2) A service operation means a service operation in which the obligation or the protection of rights and other legitimate interests is directly enforced, using coercive or weapon. "
36. in Paragraph 24 (2):
"(2) Where a service operation or a service operation involves interference with the rights or freedoms of persons, the customs office responsible for carrying out the service or the service shall, where the nature or circumstances of the service or service so permit, be obliged to inform those persons of the reasons for the service or service and of their rights; otherwise it shall instruct them accordingly. ';
37.
(1) In the course of the service, the customs officer is required to demonstrate his / her competence with the customs administration.
(2) A customs officer who wears a uniform in the course of the service shall be responsible for the customs administration, which shall bear the identification mark of the customs administration.
(3) Where the customs officer does not wear a uniform in the course of the service, he shall prove his competence to the customs administration by means of a service card, the specimen and the particulars of which are laid down by the Ministry by decree and by oral declaration "customs administration."
(4) In exceptional cases where the circumstances of the procedure do not permit proof of such competence by a service uniform or by a service pass, the customs officer shall, by oral declaration "customs administration ', demonstrate the customs jurisdiction of administration. In such cases, the customs officer shall prove himself with a service pass as soon as the circumstances of the service permit.'
38. in Paragraph 31 (2) (a), the word "committing" shall be replaced by the words "conduct having characteristics" and in point (d), the words "point (f)" shall be replaced by "point (d)."
39. in Paragraph 31 (4), the word 'commit' shall be replaced by 'conduct having characteristics';
40. in Paragraph 32 (1) (d):
"(d) has been caught in an act which has the characteristics of an offence, if there is a reasonable concern that the infringement will continue or thwart proper clarification of the matter,"
41. in Article 32 (1), the following point (e) is added:
"(e) is less than 15 years old and has been caught in an act which has the characteristics of a criminal offence if there is a reasonable fear that the infringement will continue or thwart proper clarification of the matter."
42. In Paragraph 32 (4), at the end of the second sentence, the dot is replaced by a semicolon and the words "when a person under the age of 15 is involved, he shall always inform the social protection authority without delay."
43. The following Sections 33b to 33f are inserted after Section 33a, including footnotes 5h) and 5i):
Authorisation to use operational support means of search
(1) The customs officer is entitled to use operational means of support in the prevention of criminal offences, in the context of criminal proceedings and in the performance of the tasks arising from the international agreement (5h).
(2) For the purposes of this Act, means of operational support shall be:
(a) cover documents and means of cover;
(b) safety and safety equipment;
(c) specific funds;
(d) the use of an informant.
Cover documents and means of cover
(1) For the purposes of this Act:
(a) a cover document of the document or, where appropriate, another document to cover up the real identity of the person or for other similar purposes;
(b) a means of covering up the actual activities of the customs authorities referred to in Article 33b (1).
(2) The cover document must not include a Member's or Senator's card, a member of the Government, the Governor of the Czech National Bank, a member of the Supreme Audit Office and a judge of the Constitutional Court, a judicial and state's attorney's card and a document of a living or deceased person.
(3) The cover document is issued by the Ministry of the Interior at the decision of the Minister.
Safety and safety equipment
Security and safety equipment means the technical means, equipment and their files used to ensure the protection of property and to prevent unauthorised handling of goods. The use of safety and safety equipment shall not infringe the integrity of the dwelling, the keeping secret or otherwise interfere with the constitutional rights and freedoms guaranteed.
Specific funding
(1) Specific funds means earmarked funds used to cover certain expenditure relating to the use of operationally search funds (5i) and other support operationally search funds. The management of special funds shall not be subject to legislation governing the management of State funds.
(2) A customs officer handling special funds is obliged to treat them economically and properly in accordance with the purpose for which they are provided.
(3) The rules governing the management of specific funds shall be laid down by the Minister on a proposal from the Director-General.
Informator
(1) An informant means a natural person providing information and services to the customs administration in such a way that its cooperation with the customs administration is not divulged.
(2) Financial or material remuneration may be granted to the informant for his activities.
5h) For example: Agreement between the Government of the Czech Republic and the Government of the State of Israel on Mutual Assistance in Customs Matters, published under No. 228 / 1998 Coll., European Agreement establishing an Association between the Czech Republic, of the one part, and the European Communities and their Member States, of the other part, published under No. 7 / 1995 Coll.
Contents
Čl. I
㤠4a
§ 4b
㤠20
㤠23
㤠28
㤠33b
§ 33c
§ 33d
§ 33e
§ 33f
§ 46
㤠46a
§ 46b
§ 46c
㤠47
㤠51a
㤠86
㤠92
㤠118a
㤠127
㤠128
㤠128a
§ 128b
§ 128c
§ 132a
§ 132b
§ 132c
§ 132d
§ 132e
§ 132f
§ 132g
§ 132h
§ 132i
§ 132j
§ 132k
§ 132l
§ 132m
㤠138a
㤠139
㤠139a
§ 139b
§ 139c
§ 139d
§ 139e
§ 139f
§ 139g
§ 139h
㤠141a
§ 141b
§ 141c
§ 141d
§ 141e
§ 141f
㤠142a
§ 142b
§ 142c
㤠144
§ 144a
§ 144b
§ 144c
§ 144d
§ 144e
§ 144f
§ 144g
§ 144h
§ 144i
§ 144j
§ 144k
§ 144l
§ 144m
§ 144n
§ 144o
§ 144p
§ 144r
§ 144s
§ 144t
§ 144u
§ 144v
§ 144w
§ 144x
§ 144y
§ 144z
§ 144aa
§ 144bb
144cc
§ 144dd
§ 144ee
§ 144ff
§ 144gg
§ 144hh
§ 144ii
§ 144jj
§ 144kk
§ 144ll
§ 144mm
§ 144nn
§ 144oo
§ 144pp
§ 144rr
㤠146a
㤠148a
㤠149a
㤠152a
㤠153
㤠154a
㤠156
㤠158
㤠162a
§ 162b
§ 162c
§ 162d
§ 162e
§ 162f
§ 162g
§ 162h
§ 162i
§ 162j
§ 162k
§ 162l
㤠169a
㤠171
㤠172a
㤠174
㤠178a
㤠180
㤠181
㤠183
㤠184a
㤠186
㤠186a
§ 186b
§ 186c
§ 186d
§ 186e
§ 186f
§ 186g
§ 186h
㤠188
㤠192a
㤠195
㤠196a
§ 196b
§ 196c
§ 196d
§ 196e
㤠200a
㤠201a
㤠212a
§ 212b
§ 212c
§ 212d
§ 212e
§ 212f
§ 212g
§ 212h
§ 212i
§ 212j
§ 212k
§ 212l
㤠214a
㤠215a
§ 215b
㤠216a
§ 216b
§ 216c
§ 216d
§ 216e
㤠219a
㤠236
㤠241a
㤠245a
§ 245b
㤠249a
㤠254
㤠256
㤠257
㤠258
㤠259
㤠259a
㤠260a
§ 260b
§ 260c
§ 260d
§ 260e
§ 260f
§ 260g
§ 260h
§ 260i
§ 260j
§ 260k
§ 260l
㤠263a
§ 264
§ 265
§ 266
§ 267
§ 268
§ 269
§ 270
§ 271
§ 272
§ 273
§ 274
§ 275
§ 276
㤠305
㤠319
㤠320
㤠322
㤠322a
㤠323a
Čl. II
Čl. III
Čl. IV
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Regulation Information
| Citation | Act No. 1 / 2002 Coll., amending Act No. 13 / 1993 Coll., Customs Act, as amended |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 04.01.2002 |
|---|---|
| Effective from | 01.07.2002 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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