Act No. 187 / 2004 Coll.
Act amending Act No. 13 / 1993 Coll., Customs Act, as amended
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Law
Effective from 01.05.2004
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187
THE LAW
of 1 April 2004
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., Act No. 265 / 2001 Coll., Act No. 1 / 2002 Coll., Act No. 309 / 2002 Coll., Act No. 322 / 2003 Coll., Act No. 354 / 2003 Coll. is amended as follows:
1. the first title, including the title and footnote 1, shall read:
PURPOSE AND OBJECTIVE OF THE LAW
This law regulates certain legal relations in the field of customs, unless it is governed by the provisions of the European Communities which are directly binding. 1)
1) Council Regulation (EEC) No 2913 / 92 of 12 October 1992 establishing the Community Customs Code, published in the Official Journal of the EC L 302 19.10.1992, p. 1 - 50. Commission Regulation (EEC) No 2454 / 93 of 2 July 1993 laying down provisions for the implementation of Council Regulation (EEC) No 2913 / 92 establishing the Community Customs Code, published in the Official Journal of the EC L 253, p. 1 - 776. COUNCIL REGULATION (EEC) No 918 / 83 of 28 March 1983 establishing a Community system of reliefs from customs duties, as amended. Council Regulation (EEC) No 3330 / 91 of 7 November 1991 on statistics relating to the trading of goods between Member States, as amended. Council Regulation (EEC) No 2658 / 87 of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariff, as amended. '
(2) The heading of Title II is read as follows: "PROCESSING OF PERSONAL DATA AND SERVICE AMENDMENT OF CUSTOMS DUTIES."
3. Sections 3 and 4 are deleted.
4. In Paragraph 4a (1), the following footnote (1a) is inserted after the words "customs authorities':
"(1a) Act No. 185 / 2004 Coll., on the Customs Administration of the Czech Republic. '
footnotes 1), 1a), 1b) shall be renumbered as footnotes 1b), 1c), 1d), including the footnotes.
5. in Article 4a (2) (a), the words "customs supervision" shall be replaced by the words "supervision by the customs authorities under the legislation of the European Communities (1e)."
Footnote 1e) reads as follows:
"(1e) Article 4 of Council Regulation (EEC) No 2913 / 92 of 12 October 1992 establishing the Community Customs Code, as amended."
Footnotes 1 (c) and 1 (d) shall be renumbered as footnotes 1 (f) and 1 (g), including the footnotes.
6. in Paragraph 4a (2) (b), the words "customs and tax legislation" shall be replaced by the words "legislation to which the customs authorities are responsible."
7. In Paragraph 4a, paragraphs 4 and 5 are added:
"(4) The customs authorities shall verify at least every three years that the personal data processed remain necessary for the performance of their tasks. Where the personal data processed are no longer necessary for the performance of customs duties, the customs authorities shall immediately dispose of them.
(5) The customs authorities shall transmit the processed personal data to other national authorities or persons,
(a) where specific legislation or international agreement so provides; or
(b) if the person to whom the personal data relate agrees to transmit such data. ";
8. in Article 4b (1) (a), the words "customs and tax legislation" are replaced by the words "legislation to which the customs authorities are responsible."
9. in Paragraph 4b (1) (b), the words "preparations containing, precursors and auxiliary substances" shall be inserted after the words "psychotropic substances."
10. in Article 4b (4), the word "Ministry" shall be replaced by "Directorate-General for Customs."
11. in § 4b (5) (a), the words "customs administrations" are replaced by the words "the customs administrations of the Czech Republic1a) (hereinafter referred to as" the customs administration ")."
12. Article 5 to 11 shall be deleted, including the headings and footnotes 1g) to 3k);
13. Paragraph 12, including footnote 3l, reads:
The law on the service ratio of members of the Police of the Czech Republic (3l) shall apply with the derogations provided for in Sections 13 and 15 to 19b;
(a) where the law on the service relationship of members of the Police of the Czech Republic refers to the Police of the Czech Republic, this includes customs administration,
(b) where, in the law on the service relationship of members of the Police of the Czech Republic, a member of the Police of the Czech Republic is referred to, this also means the customs officer,
(c) the jurisdiction which, under the Law on the Service Ratio of Members of the Police of the Czech Republic, is for the Minister of the Interior, is for the Minister of Finance ("the Minister"),
(d) Article 2 (2) of the Law on the employment relationship of members of the Police of the Czech Republic with regard to the Director-General of the Customs Administration and its representatives shall be exercised by the Minister and, in respect of other customs officers, by the Director-General and, to the extent provided by the latter, by other officials;
(e) The scope of the Ministry of Finance (hereinafter referred to as "the Ministry of Finance"), which according to the Act on the service relationship of members of the Police of the Czech Republic, belongs to the Ministry of Interior.
3l) Act No. 186 / 1992 Coll., on the service ratio of members of the Czech Police, as amended. '
14. in Paragraph 13 (1), the words "(hereinafter referred to as" the service ")" shall be added at the end of the text of point (c).
15. in Paragraph 14 (2):
"(2) The functions referred to in paragraph 1 shall mean:
(a) the Director General, the Deputy Director General, the Director of the Department, the Deputy Director of the Department and the Head of Unit at the Directorate-General for Customs,
(b) the Director of the Customs Directorate, the Deputy Director of the Customs Directorate, the Director of the Department, the Deputy Director of the Department and the Head of Department of the Customs Directorate,
(c) the Director of the Customs Office, the Deputy Director of the Customs Office and the Director of the Department of Customs. "
16. Article 19 shall be deleted;
17. Paragraph 19c is deleted, including the title.
18.
Provision of health care in customs administration
(1) Health care facilities provide customs and civil servants with preventive care in customs administration and assess the medical fitness of a person requesting the service of a customs officer, for the duration of their service or employment and for the termination of the service, provided that such authorisation is not for the medical commission. Racing preventive care is also provided to customs and civil servants in the customs administration by authorised doctors.
(2) The Ministry, in agreement with the Ministry of Health, lays down, by means of implementing legislation, requirements for the medical fitness of customs officers, defects and conditions which exclude the admission of a candidate to the service of a customs official, or exclude or restrict the performance of a service, and types of services which are particularly difficult or harmful.
(3) The health assessment shall be carried out by:
(a) doctors taking preventive care for racing, when it comes to assessing medical fitness for work;
(b) medical practitioners of preventive care, when it comes to assessing the medical fitness of customs officials for the purpose of providing a compensatory allowance.
(4) The treating doctor is obliged to report to the health care facility a preventive care disease or even suspicion of a disease that limits the performance of the service.
(5) The Directorate-General of Customs establishes the conditions for the provision of preventive care for customs officials and civil servants in customs and, to this end, it concludes contracts for the provision of preventive care for competitions with medical facilities which are professionally competent to provide preventive care for competitions.
(6) The costs of ensuring the performance of preventive farm care in customs administration are part of the management of the Directorate-General for Customs.
5b) Sections 18a, 35a and 40 of Act No. 20 / 1966 Coll., on the Care of People, as amended. '
19. In Article 23, the following paragraph 3 is added:
"(3) A service operation under a single command shall mean a service operation as referred to in paragraph 2 involving more than one interacting customs officer, where the use of coercive or weapon is decided by the customs officer in charge of the management of the service. The decision to use coercive or weapon shall be documented on sound or written record. ';
20. In Article 30 (1), the words "breach of customs legislation or of tax and charge rules' are replaced by the words" infringement of the legislation to which the customs authorities are responsible '.
21. In Paragraph 30, the following paragraph 2 is inserted after paragraph 1:
"(2) The customs officer is entitled to request the necessary explanations also from a person who may contribute to the clarification of the facts relevant to the detection of a criminal offence, offence or other administrative offence related to the infringement of the legislation to which the customs authorities are responsible and their perpetrators, who have occurred outside the territory of the Czech Republic in the territory of the European Communities or in a State with which the Czech Republic has concluded an international agreement on cooperation and mutual assistance in the customs field."
Paragraphs 2 to 10 shall become paragraphs 3 to 11.
22. in Paragraph 30 (3), the words "paragraph 1" shall be replaced by "paragraphs 1 and 2."
23. in Paragraph 30 (6), "paragraphs 3 and 4" shall be replaced by "paragraphs 4 and 5."
24. In Paragraph 30 (7), "Ministry 'is replaced by" Directorate-General for Customs'.
25. in Paragraph 30 (8), "paragraph 6" is replaced by "paragraph 7."
26. in Paragraph 30 (8), the words "paragraph 1 'are replaced by the words" paragraphs 1 and 2';
27. in Paragraph 30 (9), "paragraph 1" is replaced by "paragraphs 1 and 2."
28. in Paragraph 31 (2):
"(2) The customs officer is entitled to call upon the person to prove his identity
(a) found in an act having the characteristics of a criminal offence or offence in connection with a breach of the laws in force by the customs authorities;
(b) from which an explanation is required pursuant to Paragraph 30;
(c) which it shall demonstrate in accordance with the provisions of this Law or at the request of the territorial financial authorities,
(d) for which surveillance or control of goods is carried out by the customs authorities in accordance with European Community legislation, 1e)
(e) entering the premises, rooms and facilities used by the customs authorities or the territorial financial authorities in which the customs authorities ensure compliance with public policy;
(f) which is the notifier, 5e)
(g) ensuring payment by the customs authorities of cash transactions in accordance with specific legislation.
The person shall comply with the call. ';
29. Paragraph 31 (4) is deleted.
Paragraphs 5 and 6 shall be renumbered paragraphs 4 and 5.
30. in Article 32 (1) (b), "Article 30 (8)" is replaced by "Article 30 (9)."
31. in Article 32 (1) (b), the words "and Article 31 (4)" shall be deleted;
32. in Article 32 (1) (c):
"(c) in the rooms or premises intended for use by the customs authorities or by the territorial financial authorities in which the customs authorities ensure compliance with public policy, they shall behave violently or verbally to insult the customs officer or any other person, or intentionally pollute or harm the establishment or property of the State;"
33. in Paragraph 32 (4), "Paragraph 30 (3)" is replaced by "Paragraph 30 (4)";
34. in Paragraph 34 (1):
"(1) If there is a reasonable suspicion, the customs officer shall be entitled to ensure that a person does not carry a weapon which could endanger the life or health of his or her or another person and to withdraw it if it is for a person
(a) presented or secured by the customs authorities;
(b) for which surveillance or control of goods is carried out by the customs authorities in accordance with European Community legislation, 1e)
(c) entering the premises, rooms or facilities intended for use by the customs authorities or the territorial financial authorities in which the customs authorities ensure compliance with public policy; or
(d) for which payment is made by the customs authorities in accordance with specific legislation. "
35. in Article 34 (3), the words "on release of the person presented or secured," shall be replaced by the words "to the person to whom the weapon has been taken if the reasons for the removal of the weapon have ceased."
36. In Article 35, the words "customs supervision 'are replaced by the words" supervision and control by the customs authorities under European Community law'.
37.The following Section 36a is inserted after Section 36:
(1) The customs officer is entitled to carry out the tasks arising from the customs authorities' competence in the territory of another State in the manner, to the extent and under the conditions laid down by the international Treaty.
(2) A customs officer of another State is entitled to carry out the duties arising from the competence of the customs authorities in the Czech Republic in the manner, to the extent and under the conditions laid down by the international treaty. "
38. In Section 37, the words "free customs supervision 'are replaced by the words" free supervision of customs authorities under the legislation of the European Communities'.
39. In Paragraph 37, the words "customs supervision 'are replaced by the words" supervision'.
40. In Paragraph 37, the words "to carry out customs checks on baggage 'are replaced by the words" to carry out checks on baggage'.
41.In Article 37a (2), the words "customs legislation" shall be replaced by the words "legislation to which the customs authorities are responsible for implementing it."
42. in Paragraph 38 (1) (j), the words "in the air" shall be deleted;
43.Paragraph 38 (2) reads as follows:
"(2) In order to protect public order in the rooms or premises used by the customs authorities or the territorial financial authorities in which the customs authorities ensure compliance with public policy, and in the interest of protecting the security of persons, their own and their property, the customs authorities shall be entitled to use the means of enforcement. ';
44.
Carrying of arms
Customs are authorized to carry a service weapon. "
45. in Paragraph 40 (1), the words "entitled to carry a weapon under Paragraph 39" shall be deleted.
46. in Paragraph 40 (1) (f):
"(f) to avert a dangerous attack which endangers the protected object of the customs administration or the object of the territorial financial authorities in which the customs authorities ensure compliance with public policy, following a futile call to abandon the attack;"
47. in Article 44 (2) (a), "Article 30 (3)" is replaced by "Article 30 (4)."
48. In Paragraph 44 (3), "Ministry 'is replaced by" Directorate-General for Customs'.
49. in Article 45 (5), the word "customs" shall be deleted;
50. In Paragraph 45 (6), "Ministry 'is replaced by" Directorate-General for Customs'.
51. The title of Title Five shall read: "SURVEILLANCE AND HIS PERFORMANCE."
52. In Title Five, Part One, including the title and footnotes 6f) to 7) is deleted.
53. In the title of the fifth title of the second part is: "SURVEILLANCE AND HIS PERFORMANCE."
54. Article 47 shall be deleted;
55. The heading of Section 48 reads: "Supervision by customs authorities."
56. In Paragraph 48 (1), the words "customs' and" customs' are deleted.
57. in Article 48 (2), the word "customs" shall be deleted;
58. In Paragraph 48 (3), the word "customs' is deleted.
59. In the first sentence of Paragraph 48 (4), the words "customs' and" crossing national borders' are deleted.
60. In the first sentence of Paragraph 48 (5), the word "customs' shall be deleted.
61. In the second sentence of Paragraph 48 (5), the words "internal customs control 'are replaced by" internal control';
62. In Paragraph 48 (6), the word "customs" shall be deleted.
63. In Article 48 (7), the words "the performance of customs supervision 'are replaced by the words" the exercise of supervision'.
64. In Paragraph 48, at the end of paragraph 7, the sentence "The customs authorities shall issue a written certificate in respect of the documents retained."
65. The heading of Section 49 reads: "Exemption from control by customs authorities."
66. In Paragraph 49 (1), the words "Customs control 'are replaced by the words" controls carried out by customs authorities'.
67.In Article 49 (2), the words "Customs control" are replaced by the words "controls carried out by customs authorities."
68. The heading of Section 50 reads: "Obligation to cooperate with persons supervised by the customs authorities."
69. in Paragraph 50 (1), the words "customs" and "customs" shall be deleted;
70. In Paragraph 50 (2), the first words "customs' and" customs' shall be deleted in the sentence.
71. in the first sentence of Paragraph 50 (3), the words' customs' and 'domestic' shall be deleted.
72. In Paragraph 50, paragraph 4 is deleted.
Paragraph 5 shall become paragraph 4.
73.In Paragraph 51 (3), "customs and tax proceedings" is replaced by "proceedings before customs authorities and tax proceedings."
74. In Paragraph 51 (4), the words "public carriers" are replaced by the words "public carriers."
75. in Paragraph 51 (5), the word "customs" shall be deleted;
76. in Paragraph 52 (2) (b), the word "customs" shall be deleted;
77. In Paragraph 52 (3), "customs duties' is replaced by" customs duties and taxes' and "customs' is replaced by" customs and tax '.
Article 78 (53) is deleted;
79. The sixth Title, including footnotes 7g to 7j, shall be deleted.
80.
81. In Title Eight, Part One and Part Two, including the headings, are deleted.
82. In my head, the eighth title of episode three reads: "RELIABILITY FOR SCHOOL."
83.
84. Sections 85 and 86 are deleted.
85. In Title Eight, Part Four and Part Five, including the headings, are deleted.
86. In my head, the eighth title of episode six reads, "GOOD."
Article 87 (93) and (94) are deleted.
88. In Paragraph 95, paragraphs 1 and 2 are deleted and paragraph 3 is deleted.
89. In Title 8, part seven and part eight, including the headings, are deleted.
90. In Title Nine, Part One, including the title, is deleted.
91. In the title of Title Nine of Part Two, the heading reads: "CUSTOMS-APPROVED ALLOCATION PROCEDURE '.
Article 99 to 101 shall be deleted.
93.In Paragraph 102 (1):
"(1) The procedure for assigning a customs-approved design1e) shall be carried out at the customs office or in the customs territory. Only the person who carries out the activity as an object of his business may be a direct representative in the procedure for the allocation of a customs-approved designation. ';
94.Paragraph 102 (3) reads as follows:
"(3) At the initiative of the customs office or at the request of a person, the procedure for the allocation of a customs-approved treatment or use may also be carried out outside the customs territory. The costs of such proceedings shall be borne by the person who requested the procedure to be carried out outside the customs territory. '.
95.In Paragraph 102 (4), the words "customs procedure" are replaced by the words "procedure for the allocation of a customs-approved designation1e)."
96. In Article 102 (5), "customs procedure 'is replaced by" procedure for the allocation of a customs-approved treatment or use';
97. In the first sentence of Paragraph 102 (6), "customs procedure 'is replaced by" procedure for the allocation of a customs-approved treatment or use'.
(98) In Article 102 (6), the sentence "The border customs office shall, as a priority, also carry out customs procedures in respect of the regular units or formations of the armed forces of the Parties to the North Atlantic Treaty, if the crossing of the borders is notified in advance." shall be replaced by the sentence "The customs office shall carry out the procedure for the allocation of a customs-approved destination in respect of goods imported, exported and goods in transit which are imported, exported or accompanied by regular units or formations of the armed forces of the Parties to the North Atlantic Treaty."
99. In Paragraph 102 (7), the words "customs procedure" are replaced by the words "procedure for the allocation of a customs-approved treatment or use."
100. The heading of Section 104 reads: "Decisions to place goods under the customs procedure or to terminate the procedure."
101. Paragraph 104 (1) reads as follows:
"(1) The essential elements of the decision are:
(a) the identification of the customs office which issued the decision;
(b) the registration number of the decision;
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Regulation Information
| Citation | Act No. 187 / 2004 Coll., amending Act No. 13 / 1993 Coll., Customs Act, as amended |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 23.04.2004 |
|---|---|
| Effective from | 01.05.2004 |
| Effective until | - |
| Status | Valid |
Legal Areas:
Customs law
Finance
The regulation text is for informational purposes only.
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