Act No 151 / 2021 Coll.
Law on the implementation of special arrangements in the field of foreign trade
Valid
Law
Effective from 15.04.2021
Text versions:
15.04.2021
31.03.2021
151
THE LAW
of 17 March 2021
on the implementation of specific external trade arrangements
Parliament has decided on this law of the Czech Republic:
Subject matter
This law regulates, following directly applicable European Union1) the powers and powers of the institutions to implement specific external trade arrangements.
Specific regimes in the field of external trade
For the purposes of this Act, specific regimes in the field of external trade are those of trade control systems under Council Regulation (EC) No 2271 / 96 and Regulation (EU) 2017 / 821 of the European Parliament and of the Council.
Scope of the Ministry
Ministry of Industry and Trade ("Ministry ')
(a) is the competent authority for the application of Council Regulation (EC) No 2271 / 96;
(b) is the competent authority for the application of Regulation (EU) 2017 / 821 of the European Parliament and of the Council;
(c) be the authority responsible for ensuring uniform and effective implementation of Regulation (EU) 2017 / 821 of the European Parliament and of the Council pursuant to Article 10 (3) of this Regulation;
(d) carry out the follow-up checks referred to in Article 3 (2) and Article 11 of Regulation (EU) 2017 / 821 of the European Parliament and of the Council ("controls");
(e) imposes corrective measures pursuant to Article 5;
(f) maintain a public list of checks available on the Ministry's website;
(g) inform the European Commission and the competent authorities of the Member States of the deficiencies identified by the checks referred to in Article 13 of Regulation (EU) 2017 / 821 of the European Parliament and of the Council;
(h) submit to the European Commission a report on the implementation of Regulation (EU) 2017 / 821 of the European Parliament and of the Council pursuant to Article 17 (1) of Regulation (EU) 2017 / 821 of the European Parliament and of the Council.
Directorate-General for Customs
(1) The Directorate-General for Customs shall provide the Ministry, at its request, with the following information within 30 days from the date of its receipt in connection with the performance of the tasks referred to in § 3 (b) to (h):
(a) Union importer identification data (2) ("importer") and consignors of minerals or metals listed in Annex I to Regulation (EU) 2017 / 821 of the European Parliament and of the Council ("mineral or metal"),
1. name, names, and surname, place of residence, or place of business, business name or address of the registered office;
2. identification number, if assigned,
(b) a description of the mineral or metal, the trade name and type according to its classification in the Combined Nomenclature or, where appropriate, the TARIC codes,
(c) the quantity of mineral or metal imported, expressed in kilograms;
(d) the value of the imported mineral or metal; and
(e) the country of dispatch and the country of origin of the mineral or metal.
(2) The disclosure referred to in paragraph 1 shall not constitute a breach of confidentiality under the tax rules.
Measures to remedy
(1) Where, on the basis of the checks carried out, the Ministry finds that there are deficiencies in the implementation of the obligations of the importer laid down in Regulation (EU) 2017 / 821 of the European Parliament and of the Council, it shall, in particular:
(a) the provision of additional full internal records, materials or documents;
(b) the supply, addition or update of an audit report meeting the requirements of Article 6 of Regulation (EU) 2017 / 821 of the European Parliament and of the Council;
(c) updating the data on the year-round import of the relevant minerals or metals; or
(d) bringing internal management systems into line with the obligations of the importer pursuant to Article 4 to 6 of Regulation (EU) 2017 / 821 of the European Parliament and of the Council.
(2) The importer shall submit to the Ministry within 30 days of the date of receipt of the request for a corrective action specific in time and taking into account the nature of the measure to correct an adequate plan of implementation.
(3) Upon completion of the inspection, the Ministry will publish the name and identification number of the legal person or the name or, where appropriate, the names and surname, and, where appropriate, the business name and identification number of the undertaking and the result of the check, in the public list of checks available on the Ministry's website for 3 years. The control shall mean "the importer has complied with the obligations laid down in Regulation (EU) 2017 / 821 of the European Parliament and of the Council 'or" the importer has not complied with the obligations laid down in Regulation (EU) 2017 / 821 of the European Parliament and of the Council'.
(4) The Ministry shall keep records of checks for a period of 5 years from the end of the check.
Transfers
(1) A natural person, whether natural or legal, or an undertaking, as referred to in Article 11 of Council Regulation (EC) No 2271 / 96, which carries out operations in international trade or capital movements and the related trade activity between the European Union and third countries, shall commit an offence by:
(a) it shall not inform the European Commission or the Ministry of Justice of the facts referred to in Article 2 of Council Regulation (EC) No 2271 / 96 or provide the European Commission or the Ministry with all relevant information; or
(b) infringes the obligation referred to in Article 5 of Council Regulation (EC) No 2271 / 96.
(2) A fine may be imposed for the offence referred to in paragraph 1 until:
(a) 150 000 CZK if the offence referred to in paragraph 1 (a) is committed;
(b) 450 000 CZK if the offence referred to in paragraph 1 (b) is committed.
The transfers under this law are discussed by the Ministry.
Efficacy
This Act shall take effect on the 15th day following its publication.
Vondracek v. r.
Zeman v. r.
Babiš v. r.
(1) Regulation (EU) 2017 / 821 of the European Parliament and of the Council of 17 May 2017 laying down supply chain due diligence obligations for Union importers of tin, tantalum and tungsten, their ores and gold originating in conflict-affected and high-risk areas. Council Regulation (EC) No 2271 / 96 of 22 November 1996 on protection against the effects of legislation adopted by a third country applying outside its territory and against the effects of measures based on or resulting from it, as amended.
(2) Article 2 (l) of Regulation (EU) 2017 / 821 of the European Parliament and of the Council.
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Regulation Information
| Citation | Act No. 151 / 2021 Coll., on the Implementation of Special Procedures in the Field of Foreign Trade |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 31.03.2021 |
|---|---|
| Effective from | 15.04.2021 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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