Act No. 104 / 2011 Coll.
Act amending Act No. 13 / 1993 Coll., Customs Act, as amended, Act No. 185 / 2004 Coll., on the Customs Administration of the Czech Republic, as amended, and Act No. 99 / 2004 Coll., on the Pond, the exercise of fishing law, the Fisheries Guard, the Conservation of Marine Fishery Resources and amending certain laws (Act on Fisheries), as amended
Valid
Effective from 01.07.2011
104
THE LAW
of 17 March 2011
amending Act No. 13 / 1993 Coll., Customs Act, as amended, Act No. 185 / 2004 Coll., on the Customs Administration of the Czech Republic, as amended, and Act No. 99 / 2004 Coll., on Pond, the exercise of fishing law, fisheries guards, the conservation of marine fisheries resources and amending certain laws (Fisheries Act), as amended
Parliament has decided on this law of the Czech Republic:
Amendment of the Fisheries Act
Act No. 99 / 2004 Coll., on the Pond, the exercise of fishing law, the Fisheries Guard, the Conservation of Marine Fishery Resources and amending certain laws (Fisheries Act), as amended by Act No. 444 / 2005 Coll., Act No. 267 / 2006 Coll., Act No. 124 / 2008 Coll., Act No. 41 / 2009 Coll., Act No. 227 / 2009 Coll. and Act No. 281 / 2009 Coll., is amended as follows:
1. The first sentence of Paragraph 13 (8) reads: "The fishing ticket shall be issued to the citizens of the Czech Republic by the municipal authority of the municipality with an authorised municipal office in whose territory the applicant for the issue of the fishing ticket is permanently resident or, where appropriate, by foreigners who are staying in its territory."
2. In Article 22, at the end of paragraph 3, the dot is replaced by a comma and the following point (h) is added:
"(h) it shall deal with the offences referred to in Article 30 (5) and administrative offences referred to in Article 31 (4) on the marine fisheries conservation section and shall impose immediate enforcement measures, penalties and accompanying penalties under the directly applicable European Union31).
31) Chapter IX of Council Regulation (EC) No 1005 / 2008 establishing a Community system to prevent, deter and eliminate illegal, unreported and unregulated fishing. ';
3. In Article 22 (8), the words "referred to in Article 26 'are deleted.
(4) Paragraph 26, including footnotes 23 to 26, is deleted.
5. In Article 27 (1), the words "under Article 26 'are replaced by the words" under the protection of marine fisheries resources 32)'.
Footnote 32 reads:
"32) Council Regulation (EC) No 1005 / 2008 establishing a Community system to prevent, deter and eliminate illegal, unreported and unregulated fishing. Council Regulation (EC) No 1224 / 2009 establishing a Community control system for ensuring compliance with the rules of the common fisheries policy, amending Regulations (EC) No 847 / 96, (EC) No 2371 / 2002, (EC) No 811 / 2004, (EC) No 768 / 2005, (EC) No 2115 / 2005, (EC) No 2166 / 2005, (EC) No 388 / 2006, (EC) No 509 / 2007, (EC) No 676 / 2007, (EC) No 1098 / 2007, (EC) No 1300 / 2008 and (EC) No 1342 / 2008 and repealing Regulations (EEC) No 2847 / 1993, (EC) No 1627 / 1994 and (EC) No 1966 / 2006. Council Regulation (EC) No 2406 / 1996 laying down common marketing standards for certain fishery products. '
6. Paragraph 27 (2) is deleted and paragraph 1 is deleted.
7. In Article 28 (1), the words "referred to in Article 26 'are deleted and at the end of the text of paragraph 1 the words" and other particulars provided for directly applicable European Union32' are added.
8. Paragraph 29 (2) is deleted.
Paragraphs 3 and 4 shall become paragraphs 2 and 3.
9. In Article 29 (2), the words "referred to in Article 26 'are deleted.
10. in Article 29 (3), the word "Regulation (20)" shall be replaced by "Regulation (20)," unless the European Union Regulation directly applicable provides otherwise. "
Footnote 20 reads:
"20) Act No. 552 / 1991 Coll., on State Control, as amended. Act No. 13 / 1993 Coll., Customs Act, as amended. '
11. in Article 30 (5) (a) and Article 31 (4) (a), the words "Article 26 and Article 28 (1)" shall be replaced by the words "directly applicable European Union regulation on the conservation of marine fisheries resources 32)";
12. in Articles 30 (5) and 31 (4), point (b) shall be deleted;
Points (c) and (d) shall be renumbered (b) and (c).
13. in Articles 30 (5) (b) and 31 (4) (b), the words "the European Communities" shall be replaced by the words "the European Union."
14. "In § 30 (5) (c) and § 31 (4) (c)," § 29 (3) "is replaced by" § 29 (2). "
15. In Article 30, at the end of paragraph 5 and in paragraph 31, the dot is replaced by a comma and the following point (d) is added:
"(d) commit a serious infringement of the directly applicable European Union Regulation establishing a Community system to prevent, deter and eliminate illegal, unreported and unregulated fishing (33).
33) Article 42 of Council Regulation (EC) No 1005 / 2008. '
16. In Article 30 (6), the words "(a) to (c) 'shall be inserted after the words" paragraph 5' and at the end of paragraph 6, the sentence "For an offence referred to in paragraph 5 (d), a fine shall be imposed at the level specified in the directly applicable European Union Regulation establishing a Community system to prevent, deter and eliminate illegal, unreported and unregulated fishing (34) '.
Footnote 34 reads:
"34) Article 44 of Council Regulation (EC) No 1005 / 2008."
17. in Article 30 (7), the word "If not" shall be replaced by the words "Responsibility for an offence shall cease, if not"; the words "in the case of an offence referred to in paragraph 5 (d) shall be inserted after the words" 3 years "; in the case of an offence referred to in paragraph 5 (d)," and the words "the offence shall cease" shall be deleted.
18. Paragraph 30 (8), including footnote 29, is deleted.
19. in Paragraph 31 (6), the words "(a) to (c)" shall be inserted after the words "paragraph 4" and at the end of paragraph 6, the sentence "For any other administrative offence referred to in paragraph 4 (d), a fine shall be imposed at the level specified in the directly applicable European Union Regulation establishing a Community system for the prevention, control and elimination of illegal, unreported and unregulated fishing (34)."
20. In Article 31, the following paragraph 9 is added:
"(9) The liability for another administrative offence shall cease if the fine for another administrative offence has not been definitively decided within 3 years, in the case of another administrative offence referred to in paragraph 4 (d), within 5 years of the date on which another administrative offence was committed. ';
EFFECTIVE
That law shall take effect on the first day of the third calendar month following its publication.
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Regulation Information
| Citation | Act No. 104 / 2011 Coll., amending Act No. 13 / 1993 Coll., Customs Act, as amended, Act No. 185 / 2004 Coll., on the Customs Administration of the Czech Republic, as amended, and Act No. 99 / 2004 Coll., on the Pond, the exercise of fishing law, the fisheries guard, the conservation of marine fisheries resources and the amendment of certain laws (Law on fishing), as amended |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 22.04.2011 |
|---|---|
| Effective from | 01.07.2011 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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