Act No. 16 / 1997 Coll.
Act on the conditions of import and export of endangered species of wild fauna and flora and other measures to protect these species and amending and supplementing the Act of the Czech National Council No. 114 / 1992 Coll., on the Conservation of Nature and Landscape, as amended
Valid
Law
Effective from 01.04.1997
16
THE LAW
of 22 January 1997
on the conditions of import and export of endangered species of wild fauna and flora and other measures to protect these species and amending and supplementing the Act of the Czech National Council No. 114 / 1992 Coll., on the conservation of nature and landscape, as amended
Parliament has decided on this law of the Czech Republic:
AMENDMENT AND IMPLEMENTATION OF THE CZECH NATIONAL COUNCIL Act No. 114 / 1992 Sb., ON NATURAL PROTECTION AND COUNTRIES, IN RESPECT OF LATER RULES
The Act of the Czech National Council No. 114 / 1992 Coll., on the Conservation of Nature and Landscape, as amended by the Act of the Czech National Council Bureau No. 347 / 1992 Coll., Act No. 289 / 1995 Coll. and the finding of the Constitutional Court of the Czech Republic No. 3 / 1997 Coll., is amended as follows:
1. In Article 5 (6), the words "Czech and Slovak Federal Republic 'are replaced by the words" Czech Republic' and at the end, the sentence, including footnote (4a), is added, with the exception of exports and imports of endangered species of wild fauna and flora, which is regulated by a specific regulation. (4a)
(4a) Act No. 16 / 1997 Coll., on the conditions of import and export of endangered species of wild fauna and flora and other measures for the protection of these species and amending and supplementing Act No. 114 / 1992 Coll., on the conservation of nature and landscape, as amended. '
2. the following paragraph 2 shall be added to Article 56:
"(2) In the exemption decision, the nature conservation authority shall be entitled to provide for an obligation to designate an animal of a specially protected species with an unmistakable and non-removable mark, indicating, where appropriate, that no identification mark is necessary. ';
3. In Paragraph 80 (1), the following sentence is added at the end: "The inspection is authorised, as well as the district authorities and administrations, to require proof of origin pursuant to § 54, to impose measures pursuant to § 66 and to remove illegally held individuals pursuant to § 89. '
4. In Paragraph 87 (1) (g), the following words are added at the end: "or plants or animals protected under international conventions or specific legislation, 4a)."
5. The following words shall be added at the end of Paragraph 87 (3) (i): "or illegally export specially protected species; (a) this provision shall not apply; ';
6. In Paragraph 88 (1), point (m) is replaced by the following:
"(n) it does not demonstrate, in the prescribed manner, the origin of a specially protected plant or animal, or of a plant or animal protected under international conventions or specific legislation, as appropriate. 4a) '.
7. The following words shall be added at the end of Paragraph 88 (2) (k): "or illegally export specially protected species; (a) this provision shall not apply; ';
8. Paragraph 88 (4) reads as follows:
"(4) The fine referred to in paragraphs 1 and 2 may be imposed no later than three years after the date of the infringement. ';
9. In Paragraph 89 (1), the second sentence is: "It may also remove individuals of specially protected plants, animals or plants and animals protected under international conventions, provided that the holder of such an individual does not prove its origin in accordance with Article 54 (1) or where trade in them is restricted or prohibited under international conventions. '; the following sentence is added at the end:" In the case of withdrawal under special Regulation (4a), this provision shall not apply.';
Efficacy
This Act shall take effect on 1 April 1997.
Zeman v. r.
Havel v. r.
Klaus v. r.
Annex to Act No. 16 / 1997 Coll.
Information to be included in the CITES document
(Paragraph 20 (1) of the Law)
1. the full name of the international conventions (1) or the abbreviation CITES (in the title of the document);
2. the registration number and type of the document (export, import, re-export, others);
3. name of the exporting country, name of the country of destination;
4. the names and addresses of the exporter and importer;
5. Latin scientific name of the specimen species;
6. description of the specimen (e.g. living specimen, sex, age, body or product);
7. the means of identification and the number of the mark if the specimen concerned is marked;
8. the number of the Annex to the International Convention, (1) which indicates the type of specimen;
9. the origin of the specimen (e.g. wild specimens, captive animals or a plant grown by man, a specimen multiplied by man in the first generation, a State seized specimen, an unknown origin indicating the date on which it is demonstrably held by man) and the country of origin (where the specimen was taken from nature, born or bred);
10. a specified quantity of specimens (preferably the number of pieces and the weight of the consignment, if the number of pieces cannot be determined);
11. for re-export, the name of the State from which the specimen was previously imported and the export authorisation number of the competent authority of that country;
12. Specifications of the purpose for exports, re-exports or imports other than commercial (e.g. zoos, botanical gardens, circus, scientific, hunting trophy, personal, biomedical research, education, reintroduction or introduction into nature, captive breeding or culture);
13. The date of issue and the last date of validity of the permit or certificate;
14. the name and signature of the authorised official of the issuing office;
15th stamp of the issuing office.
1) Communication from the Federal Ministry of Foreign Affairs No 572 / 1992 Coll., on the negotiation of the Convention on International Trade in Endangered Species of Wild Fauna and Plants.
2) Paragraph 139 (8) of the ČNR Act No. 13 / 1993 Coll., Customs Act, as amended.
3) § 75 paragraph 1 (c) of the ČNR Act No. 114 / 1992 Coll., on Nature and Landscape Conservation, as amended.
4) For example Act No. 23 / 1962 Coll., on hunting, as amended.
5) § 48 of ČNR Act No. 114 / 1992 Coll.
6) For example, Act No. 114 / 1992 Coll., as amended, Act No. 87 / 1987 Coll., on Veterinary Care, as amended, Act No. 140 / 1961 Coll., as amended.
7) Act No. 111 / 1994 Coll., on Road Transport, as amended by Act No. 38 / 1995 Coll. Act No. 246 / 1992 Coll., on the protection of animals against abuse, as amended. Act No. 87 / 1987 Coll., as amended.
8) § 53 of ČNR Act No. 114 / 1992 Coll.
9) Act No. 87 / 1987 Coll., as amended. Section 13 of Act No. 246 / 1992 Coll. Decree of the Ministry of Agriculture No. 75 / 1996 Coll., which provides for dangerous animal species.
10) § 52 of ČNR Act No. 114 / 1992 Coll.
11) § 47 of ČNR Act No. 13 / 1993 Coll.
12) § 54 of ČNR Act No. 114 / 1992 Coll.
13) For example, Act No. 246 / 1992 Coll., as amended, Act No. 87 / 1987 Coll., as amended.
14) Sections 3 and 10 of the ČNR Act No. 13 / 1993 Coll.
15) Act No. 87 / 1987 Coll., as amended. Act No. 147 / 1996 Coll., on Phytosanitary Care and Changes to Certain Related Laws.
16) § 309 of ČNR Act No. 13 / 1993 Coll.
17) § 300 and 303 of the ČNR Act No. 13 / 1993 Coll.
18) § 13 of Act No. 246 / 1992 Coll. Decree of the Ministry of Agriculture No. 75 / 1996 Coll.
19) Act No. 13 / 1993 Coll., as amended.
20) Act ČNR No. 388 / 1991 Coll., on the State Environmental Fund of the Czech Republic, as amended by Act No. 334 / 1992 Coll.
21) Act No. 200 / 1990 Coll., on Infringements, as amended.
22) For example, Act No. 114 / 1992 Coll., as amended, Act No. 13 / 1993 Coll., as amended, Act No. 87 / 1987 Coll., as amended.
23) § 56 of ČNR Act No. 114 / 1992 Coll.
24) Act No. 71 / 1967 Coll., on Administrative Procedure (Administrative Regulations).
25) Act No. 114 / 1992 Coll., as amended.
Contents
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Regulation Information
| Citation | Act No. 16 / 1997 Coll., on the conditions of import and export of endangered species of wild fauna and flora and other measures to protect these species and amending and supplementing the Act of the Czech National Council No. 114 / 1992 Coll., on the conservation of nature and landscape, as amended |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 24.02.1997 |
|---|---|
| Effective from | 01.04.1997 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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