What is Act No. 186 / 2004 Coll.?

Act No. 186 / 2004 Coll., amending certain laws in connection with the adoption of the Act on Customs Administration of the Czech Republic — Act amending certain laws in connection with the adoption of the Customs Act of the Czech Republic.

When it became Act No. 186 / 2004 Coll. effectiveness?

Act No. 186 / 2004 Coll. became effective 01.05.2004.

Is Act No. 186 / 2004 Coll. still valid?

Yes, Act No. 186 / 2004 Coll. is still valid and effective.

How many times was it Act No. 186 / 2004 Coll. amended?

Act No. 186 / 2004 Coll. has 8 time versions of the text.

Act No. 186 / 2004 Coll. - Act amending certain laws in connection...

186

THE LAW

of 1 April 2004

amending certain laws in connection with the adoption of the Customs Act of the Czech Republic

Parliament has decided on this law of the Czech Republic:

ČÁST PRVNÍ

Amendment to Act No. 13 / 1997 Coll., on Road

Čl. I

Act No. 13 / 1997 Coll., on roads, as amended by Act No. 102 / 2000 Coll., Act No. 132 / 2000 Coll., Act No. 489 / 2001 Coll., Act No. 256 / 2002 Coll., Act No. 259 / 2002 Coll., Act No. 320 / 2002 Coll. and Act No. 358 / 2003 Coll., is amended as follows:

1. Paragraph 20 (2) reads as follows:

"(2) The fee may be paid for a calendar year, two months or 15 days, and for a motor vehicle or combination of vehicles with a gross weight of more than 12 tonnes, even per day. '

2. In the second sentence of Paragraph 20 (4): "The amount of the fees for two months, 15 days and one day shall be fixed in proportion to the amount of the fee per calendar year applicable to the motor vehicle or combination according to their total weight. '

3. Paragraph 20a (3) reads as follows:

"(3) The period of validity of a coupon proving payment for two months shall begin on the day indicated on the coupon and end on the day of the second immediately following month, which shall be the same as that indicated on the coupon. If it is not such a day in the relevant calendar month, it shall expire on its last day. ';

4. Paragraph 20a (4) reads as follows:

"(4) The term" coupon "proving the payment of the fee for 15 days shall begin on the day indicated on the coupon and end on the 15th calendar day."

5. In Paragraph 20a (6), the first sentence is: "On a coupon proving the payment of a fee for two months, 15 days or one day, it shall indicate the beginning of the term of the coupon of the seller when selling it."

6. Paragraph 21 (3) reads as follows:

"(3) The police of the Czech Republic and customs authorities check the payment of the fee."

7. In Article 21, at the end of paragraph 4, the words "or to a member of the Customs Administration of the Czech Republic in a service uniform 'are added.

8. Paragraph 38a, including footnote 10, reads:

„§ 38a

(1) Road vehicles of categories N2, N310 and their trailers of categories O2, O3 and O410 are to be checked and measured on motorways, roads, local roads.

(2) Control weighing

a) Provides infrastructure manager in cooperation with the Czech Police or customs authorities;

(b) by the Police of the Czech Republic or by customs.

(3) Control weighing includes checking the maximum authorised mass of a road vehicle, checking the maximum authorised mass of the axle and group of axles, other vehicle mass ratios and checking the maximum authorised dimensions of vehicles and combinations. 10)

10) Act No. 56 / 2001 Coll., on the conditions of operation of vehicles on the road and amending Act No. 168 / 1999 Coll., on insurance of liability for damage caused by the operation of a vehicle and amending certain related laws (Act on Insurance of Liability from the operation of a vehicle), as amended. Decree No 341 / 2002 Coll., on the approval of technical competence and on technical conditions for the operation of vehicles on the road, as amended. '

9. In Article 38b (1), the words "or a member of the Customs Administration of the Czech Republic 'shall be inserted after the words" a member of the Police of the Czech Republic'.

10. In Paragraph 38c, the following paragraph 3 is added:

"(3) If the conditions for continuing the journey referred to in paragraph 1 or 2 are not fulfilled, the member of the Customs Administration of the Czech Republic in the service uniform shall be entitled to prevent the driver from continuing the journey."

11. in the first sentence of Paragraph 40 (1), the words "and customs office" shall be inserted after the words "with extended application."

12. In Paragraph 40, paragraphs 7 to 9 are added:

"(7) The customs office may:

(a) subject the vehicle to control weighing;

(b) prevent the driver from driving again if he refuses to submit the vehicle to the inspection weighing or if the vehicle exceeds the authorised mass at the control weighing according to § 38a.

(8) The customs office also controls the payment of the charge pursuant to § 21, imposing fines and dealing with infringements 17) on motorways and roads pursuant to § 42.

(9) The Customs Directorate shall decide on appeals against decisions of customs offices. "

13. In Paragraph 42, paragraphs 4 to 6 are added:

"(4) The customs office shall impose a fine on a legal person up to the amount of:

(a) 500 000 CZK if it refuses to submit the vehicle to the weighing check or exceeds the authorised weight for the weighing check in accordance with § 38a; or

b) 30 000 CZK if the fee is not paid according to § 21.

(5) The customs office shall examine the offence in accordance with the special regulation17) with a natural person who does not have a fee paid in accordance with § 21.

(6) The customs office shall proceed with the procedure referred to in paragraph 4 in accordance with the general rules on administrative procedures. 19). "

14. In Article 43 (1), the words "the customs office 'shall be inserted after the words" the administrative office of the road'.

15. in Article 43 (2), the words "the customs office" shall be inserted after the words "the administrative office of the road";

ČÁST DRUHÁ

Amendment to Act No. 111 / 1994 Coll., on Road Transport

Čl. II

Act No. 111 / 1994 Coll., on Road Transport, as amended by Act No. 38 / 1995 Coll., Act No. 304 / 1997 Coll., Act No. 132 / 2000 Coll., Act No. 150 / 2000 Coll., Act No. 361 / 2000 Coll., Act No. 175 / 2002 Coll., Act No. 320 / 2002 Coll., Act No. 577 / 2002 Coll. and Act No. 103 / 2004 Coll., is amended as follows:

1. In the first sentence of Article 34 (1), the words "customs offices' shall be inserted after the words" customs offices' and the words "customs offices' shall be inserted after the words" customs offices'; at the end of paragraph 1, the words "the customs offices shall carry out the official professional supervision of the work of vehicle crews in international road freight transport and in the case of international passenger transport and shall submit proposals to the transport authorities to initiate proceedings for the imposition of a fine pursuant to Article 35 ';

2. In Article 35a (1), the words ", customs office" shall be inserted after the words "Transport office."

3. In Article 35b (1), the words "or customs offices' shall be inserted after the words" Police of the Czech Republic '.

4. In Article 35b (2), the words "or customs offices' shall be inserted after the words" Police of the Czech Republic '.

5. In Article 35b (3), the words "or customs offices' shall be inserted after the words" Police of the Czech Republic '.

6. Paragraph 35b (6) reads as follows:

"(6) A vehicle which has been immobilized and unloaded by the authorities of the Czech Police or customs authorities in the reserved parking lot shall be issued by the carrier only after payment of the required deposit or payment of the fine imposed by the Transport Authority for the commission of an administrative offence detected in the control activity by the authorities of the Czech Police or customs authorities."

7. In Paragraph 37 (1), the words "or customs offices' shall be inserted after the words" pursuant to a special Regulation (8) '.

8. In Paragraph 38 (1), the words "at national borders' are deleted.

9. In Paragraph 38 (2), the words "at national borders' are deleted.

10.Paragraph 38 (3) reads as follows:

"(3) In the event of failure to comply with the conditions laid down, the customs authorities shall be entitled to proceed in accordance with Article 35b. '

ČÁST TŘETÍ

Amendment to Act No. 20 / 1987 Coll., on State Memorial Care

Čl. III

Act No. 20 / 1987 Coll., on State Heritage Care, as amended by Act No. 425 / 1990 Coll., Act No. 242 / 1992 Coll., Act No. 361 / 1999 Coll., Act No. 122 / 2000 Coll., Act No. 132 / 2000 Coll., Act No. 146 / 2001 Coll. and Act No. 320 / 2002 Coll., is amended as follows:

1. The following Section 27a is inserted after Section 27:

„§ 27a

(1) Customs offices

a) check that the prior approval of the Ministry of Culture or the prior approval of the Government of the Czech Republic is respected (§ 20 (1)) and whether the cultural monument or national cultural monument exhibited, borrowed or exported abroad for other purposes has been returned from abroad and in good condition;

(b) check for items showing the characteristics of the cultural monument referred to in Article 2 (1) and are to be permanently transported from abroad to the Czech Republic whether their transport is carried out with the prior consent of the competent authority of the State from which they are to be imported, if reciprocity is guaranteed, 16)

(c) participate in documentation, research and surveys, in particular of movable cultural monuments.

(2) The customs authorities shall cooperate in the performance of their duties with the State Heritage Services, which, in their jurisdiction, shall, in the event of a finding of deficiencies, provide incentives for the adoption of corrective measures or proposals to initiate proceedings pursuant to paragraphs 35 and 39. In addition, they cooperate with the professional organisation of the State Monument Care and Monument Inspection. '.

2. In Paragraph 34 (1), the word "issued 'is replaced by" issued by the customs authorities'.

ČÁST ČTVRTÁ

Amendment to Act No. 122 / 2000 Coll., on the Protection of Collections of Museums and on the Amendment of Certain Other Laws

Čl. IV

Act No. 122 / 2000 Coll., on the Protection of Collections of Museum Nature and on the Amendment of Certain Other Laws, is amended as follows:

1. Paragraph 11 (6) reads as follows:

"(6) The customs office shall confirm part C of the form both on release of the collection or individual items for the export or outward processing arrangements and on re-importation. The owner is obliged to send part after re-import The customs office of departure shall, within 15 days of the date of expiry of the authorisation, provide proof to the Ministry or the customs office which has placed the collection or individual items under the export or outward processing arrangements (hereinafter referred to as" the competent customs office "), upon request, that the collected or individual items imported are the same as those exported by virtue of the authorisation and, where appropriate, allow them to be examined. ';

2. In Paragraph 13, the current text becomes paragraph 1 and the following paragraphs 2 and 3 are added:

"(2) The competent customs office shall also be authorised to check the obligations laid down in Article 11.

(3) If the competent customs office finds that the collection or individual collection items have not been re-imported into the Czech Republic within the time limit laid down in the authorisation or that articles which are not the same as those which have been exported under the authorisation have been imported, it shall submit a proposal to the Ministry to initiate the procedure provided for in Article 14 (1) (d). ';

ČÁST PÁTÁ

Amendment to Act No. 309 / 2002 Coll., on the amendment of laws related to the adoption of the Act on the Service of Civil Servants in Administrative Offices and on the Remuneration of These Employees and Other Servants in Administrative Offices (Staff Act)

Čl. V

In Part Ninth Article IX of Act No. 309 / 2002 Coll., on the amendment of the laws relating to the adoption of the Act on the Service of Civil Servants in Administrative Offices and on the remuneration of such staff and other servants in Administrative Offices (Staff Act), points 1 and 2 are deleted.

ČÁST SEDMÁ

Amendment to Act No. 589 / 1992 Coll., on Social Insurance and Contribution to State Employment Policy

Čl. VII

In Article 25 (3) (a) of Act No. 589 / 1992 Coll., on Social Security Insurance and Contribution to State Employment Policy, as amended by Act No. 10 / 1993 Coll., Act No. 307 / 1993 Coll., Act No. 241 / 1994 Coll., Act No. 160 / 1995 Coll., Act No. 113 / 1997 Coll. and Act No. 238 / 2000 Coll., the words "Ministry of Finance 'are replaced by the words" Directorate General of Customs'.

ČÁST OSMÁ

Amendment to Act No. 21 / 1997 Coll., on control of exports and imports of goods and technology subject to international control regimes

Čl. VIII

Act No. 21 / 1997 Coll., on the control of exports and imports of goods and technology subject to international control regimes, as amended by Act No. 204 / 2002 Coll., is amended as follows:

1. In Paragraph 22 (1), the words "controlled goods' are replaced by the words" the transfer of dual-use software and technology by electronic means, fax or telephone to a destination outside the European Union '.

2. In Article 22, the following paragraph 3 is added:

"(3) In addition, the customs office shall be authorised to check the transfer of dual-use software and technology by electronic means, fax or telephone to a destination outside the territory of the European Union when carrying out a preliminary and continuous check and under conditions laid down by specific regulations, 10). ';

ČÁST DEVÁTÁ

Amendment to Act No. 634 / 1992 Coll., on Consumer Protection

Čl. IX

In Article 23 of Act No. 634 / 1992 Coll., on Consumer Protection, as amended by Act No. 104 / 1995 Coll., Act No. 356 / 1999 Coll., Act No. 64 / 2000 Coll., Act No. 145 / 2000 Coll., Act No. 258 / 2000 Coll., Act No. 320 / 2002 Coll. and Act No. 227 / 2003 Coll., paragraph 7, including footnotes No. 21a) and 21b), the following text is added:

"(7) The customs authorities shall also supervise compliance with the obligations laid down in Article 8 (2); (b) they are subject to specific legislation.

21a) Act No. 191 / 1999 Coll., on measures concerning the import, export and re-export of goods infringing certain intellectual property rights and amending certain other laws, as amended.

21b) Act No. 185 / 2004 Coll., on the Customs Administration of the Czech Republic. '

ČÁST DESÁTÁ

Amendment to 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

Čl. X

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 Acts, as amended by Act No. 83 / 1998 Coll., Act No. 71 / 2000 Coll., Act No. 132 / 2000 Coll., Act No. 13 / 2002 Coll., Act No. 310 / 2002 Coll., Act No. 320 / 2002 Coll. and Act No. 279 / 2003 Coll., are amended as follows:

Article 20 (2) to (4), including footnotes 13a, 13b, 13c and 13d, read:

"(2) The transporter or the holder of the authorisation referred to in Article 9 (1) (i), (j), (k), (l), (o) or (p) shall ensure that the person carrying out the transport is presented to the customs office when carrying out the surveillance (13a) or when carrying out the inspection activity in transport.

(a) nuclear items, radioactive substances or radioactive waste, a certified copy of the relevant authorisation of the Office, if required, and declared their entry or exit from the Czech Republic to the customs office,

(b) radioactive substances or radioactive waste within the European Union, except for the documents referred to in (a), a written declaration by the recipient of radioactive substances or radioactive waste, 13b) certified by the competent authority of the recipient State;

(c) nuclear materials, selected items and radioactive substances exported through the Czech Republic from the territory of the European Union, except for the documents referred to in points (a) and (b), a certified copy of the valid authorisation of the State to which the nuclear materials, selected items or radioactive substances are to be exported;

(d) international shipments of radioactive waste as referred to in Article 9 (1) (p), except for the documents referred to in points (a), (b) and (c) of the form required by the specific legislation. (c)

The information contained in these documents in the case of nuclear items shall be notified immediately by the customs authorities to the Office; in the case of radioactive substances or radioactive waste, the customs authorities shall notify the Office of the required data cumulatively once a month.

(3) Where they are imported into or exported from the territory of a Member State of the European Union of radioactive substances or radioactive waste, the consignee or consignor of which has its registered office or permanent residence in the Czech Republic, the customs declaration for release to the appropriate regime 13d) shall be lodged with a customs office located in the Czech Republic.

(4) Where the customs authorities detect deficiencies in the operation of persons checked in accordance with paragraph 2, they shall be obliged to detain the nuclear items, radioactive substances or radioactive waste and inform the Authority immediately thereof.

13a) Article 4 / 13 of Council Regulation (EEC) No 2913 / 92 of 12 October 1992 establishing the Community Customs Code, as amended.

13b) Article 4 of Council Regulation (Euratom) No 1493 / 93 of 8 June 1993 on the transport of radioactive substances between Member States.

13c) Paragraph 10 of Decree No. 317 / 2002 Coll., on the type approval of packaging sets for the transport, storage and storage of nuclear materials and radioactive substances, on the type approval of sources of ionising radiation and on the transport of nuclear materials and designated radioactive substances (on type approval and transport).

13d) Article 4 (p) of Council Regulation (EEC) No 2913 / 92 of 12 October 1992 establishing the Community Customs Code, as amended. '

Footnotes 13 (a) and 13 (b) shall be renumbered as footnotes 13 (e) and 13 (f), including the footnotes.

ČÁST JEDENÁCTÁ

Amendment to Act No. 281 / 2002 Coll., on certain measures related to the prohibition of bacteriological (biological) and toxin weapons and on the amendment of the Trade Act

Čl. XI

Act No 281 / 2002 Coll., on certain measures related to the prohibition of bacteriological (biological) and toxin weapons and the amendment of the Trade Act, is amended as follows:

1. In Article 2 (l), the words "including transit 'are deleted.

2. In Article 6 (1), the comma at the end of point (c) is replaced by a dot and point (d) is deleted.

3. in Article 10 (2), point (e) shall be deleted;

Points (f) and (g) shall be renumbered as (e) and (f).

4. In Section 13, point (f) is deleted.

Point (g) shall be renumbered as point (f).

5. the following Section 13a is inserted after Section 13, including footnote 5a:

„§ 13a

Transport

The transport of high-risk biological agents or toxins and hazardous biological agents or toxins may only be carried in transport packages and in a manner laid down by specific legislation. (a)

(5a) For example, the European Agreement on the International Carriage of Dangerous Goods by Road (ADR), adopted in Geneva on 30 September 1957, published under No. 4 / 1987 Coll., as amended by No. 159 / 1997 Coll., No. 186 / 1998 Coll., No. 54 / 1999 Coll., No. 93 / 2000 Coll., No. 6 / 2002 Coll. s. and No. 65 / 2003 Coll. '

6. the following paragraph 5 is added to Article 14, including footnotes 6a and 6b:

"(5) The authorisation holder referred to in Article 11 shall ensure that the person who carries out the transport of high-risk biological agents or toxins near the territory of the Czech Republic or the territory of the Czech Republic, the customs office when carrying out the surveillance (6a) or when carrying out a control activity in the transport of high-risk biological agents or toxins.

(a) submit a certified copy of the relevant authorisation to the Office;

(b) declare in writing their entry or exit from the territory of the Czech Republic. The notification shall include the identification data of the authorisation holder, the name and quantity of high-risk biological agents or toxins carried, the identification data of the recipient of the high-risk biological agents and toxins, the name of the State to which the export is to be made or from which import is to be made, and the date of entry or exit,

(c) submit a certified copy of the licence issued under a special legislation, 6b) or, where the licence is not required by law,

1. a purchase agreement concluded between the exporter or importer and his foreign contractual partner with an accurate specification of controlled high risk biological agents or toxins, including their quantities;

2. for exports, a declaration by the foreign end-user that high-risk biological agents or toxins will not be used for the production or development of biological weapons, indicating the specific purpose of their use;

3. for exports, a declaration that high-risk biological agents or toxins will not be re-exported without the consent of the exporting country;

4. upon importation of a declaration by the end-user that specified high risk biological agents or toxins will be used only for the authorised purpose.

(6a) Article 4 / 13 of Council Regulation (EEC) No 2913 / 92 of 12 October 1992 establishing the Community Customs Code, as amended.

6b) For example Act No. 21 / 1997 Coll., on the control of exports and imports of goods and technology subject to international control regimes. '

7. Article 15 shall be deleted;

8. In Article 17, the following paragraph 8 is added:

"(8) The legal or natural person shall ensure that the person who carries out the transport of hazardous biological agents or toxins from or within the territory of the Czech Republic, the customs office when carrying out customs supervision (6a) or when carrying out control activities for the transport of hazardous biological agents or toxins

(a) submit a certified copy of the declaration referred to in paragraph 1 or 3, certified by the Office;

(b) declare in writing their entry or exit from the territory of the Czech Republic. The notification shall include the identification data of the legal or natural person, the name and quantity of the risk biological agents and toxins carried, the identification data of the recipient of the risk biological agents and toxins, the name of the State to which the export is to or from which the import is to be made and the date of entry or exit,

(c) submit a certified copy of a licence issued under a special legislation, (6b) or, where the licence is not required by law, a purchase contract concluded between the exporter or importer and his foreign contractor with a precise identification of the risk biological agents or toxins checked, including their quantities, and indicating the purpose of their use. "

9. In Article 19, the following paragraph 3 is added:

"(3) The customs authorities shall notify the Office of the information referred to in Articles 14 (5) and 17 (8) in January and July of each of the preceding six months. If the customs authorities detect shortcomings in the activity of persons controlled under § 14 or § 17, they shall detain the transported high-risk or hazardous biological agents or toxins and inform the Authority immediately thereof. ';

10. in Article 21 (1) (d), the words "and 15" shall be deleted;

ČÁST DVANÁCTÁ

Amendment to Act No. 19 / 1997 Coll., on certain measures related to the prohibition of chemical weapons and on the amendment and amendment of Act No. 50 / 1976 Coll., on Territorial Planning and Construction Regulations (Construction Act), as amended, Act No. 455 / 1991 Coll., on Business Enterprise (Trade Code), as amended, and Act No. 140 / 1961 Coll., Criminal Act, as amended

Čl. XII

Act No. 19 / 1997 Coll., on certain measures related to the prohibition of chemical weapons and amending and supplementing Act No. 50 / 1976 Coll., on Territorial Planning and Construction Regulations (Construction Act), as amended, Act No. 455 / 1991 Coll., on Commercial Enterprise (Trade Code Act), as amended, and Act No. 140 / 1961 Coll., Criminal Act, as amended, as amended, Act No. 249 / 2000 Coll. and Act No. 356 / 2003 Coll., is amended as follows:

1. in Article 2 (j), the words ", export or transit 'are replaced by the words" or export;' and the words "import 'are deleted;

2. In Article 17, the following paragraph 4 is added, including footnote 2a:

"(4) The licence holder shall ensure that the person who carries out the transport of highly dangerous substances from or within the territory of the Czech Republic, to the customs office when carrying out the surveillance (2a) or when carrying out the control activity in the transport of highly dangerous substances

(a) submit a certified copy of the licence to the Office;

(b) declare in writing their entry or exit from the territory of the Czech Republic. The notification shall include the identification data of the authorisation holder, the name and quantity of dangerous substances transported, the identification data of the recipient of the highly dangerous substances, the name of the country to which the export is to be made or from which import is to be made, and the date of entry or exit,

(c) submit a certified copy of a licence issued under a special legislation, 2b) or, where the licence is not required by law,

1. a purchase contract concluded between the exporter or importer and his foreign contractual partner with a precise identification of controlled highly hazardous substances, including their quantities;

2. for exports, a declaration by the foreign end-user that highly dangerous substances will not be used for the manufacture or development of chemical weapons, indicating the specific purpose of their use;

3. on importation of a declaration by the end-user in writing that specified highly dangerous substances will be used only for the authorised purpose.

(2a) Article 4 / 13 of Council Regulation (EEC) No 2913 / 92 of 12 October 1992 establishing the Community Customs Code, as amended. '

3. the following Section 21a is inserted after Section 21, including footnote 2b:

„§ 21a