Act No. 206 / 2019 Coll.
Act amending Act No. 226 / 2013 Coll., on the Marketing of Wood and Wood Products, as amended by Act No. 183 / 2017 Coll., and Act No. 17 / 2012 Coll., on the Customs Administration of the Czech Republic, as amended
Valid
Law
Effective from 01.10.2019
Text versions:
01.10.2019
22.08.2019
206
THE LAW
of 24 July 2019
amending Act No. 226 / 2013 Coll., on the Marketing of Wood and Wood Products, as amended by Act No. 183 / 2017 Coll., and Act No. 17 / 2012 Coll., on the Customs Administration of the Czech Republic, as amended
Parliament has decided on this law of the Czech Republic:
Amendment of the Act on the marketing of timber and timber products
Act No. 226 / 2013 Coll., on the Marketing of Wood and Wood Products, as amended by Act No. 183 / 2017 Coll., is amended as follows:
1. In Article 1, the current text becomes paragraph 1 and the following paragraph 2 is added, including footnote 30:
"(2) Following the directly applicable European Union30, this Act also provides for the competence of administrative offices (hereinafter referred to as" the competent authority ') and the State's organisational units in the field of FLEGT import licensing (hereinafter referred to as "timber import licences').
30) Council Regulation (EC) No 2173 / 2005 of 20 December 2005 establishing a FLEGT licensing scheme for imports of wood into the European Community, as amended. Commission Regulation (EC) No 1024 / 2008 of 17 October 2008 laying down detailed measures for the implementation of Council Regulation (EC) No 2173 / 2005 establishing a FLEGT licensing scheme for imports of timber into the European Community. '
2. In Article 2, at the end of point (c), the dot is replaced by a comma and the following point (d) is added:
"(d) by an authorised person, an organisational body of a State which, in the course of the performance of its specified activity, fulfils the professional and technical conditions for carrying out the professional activities referred to in Article 10 and in respect of which the Ministry of Agriculture (hereinafter referred to as" the Ministry ") exercises the function of founder."
3. footnotes 4 to 6 are deleted, including the footnotes.
4. In Article 3 (1) (b), the words "public authorities' are replaced by the words" competent authorities pursuant to Article 4 and administrative authorities referred to in Article 6a '.
5. In Article 3 (2), the words "Ministry of Agriculture (" Ministry ')' are replaced by the words "Ministry '.
6. In Article 3 (3), the words "and government bodies' are replaced by the words", competent authorities pursuant to § 4 and administrative authorities referred to in § 6a '.
7. The heading above the sign § 4 is deleted.
8. Paragraph 4, including the title and footnote 31 to 33, reads as follows:
Competent authorities
(1) The competent authorities are the Ministry, the Regional Authorities and the Czech Trade Inspectorate (hereinafter referred to as "inspections"), in accordance with the directly applicable European Union Regulation laying down the obligations of operators marketing timber and timber products31.
(2) The competent authorities referred to in paragraph 1:
(a) with the exception of the inspection, accept a notification (32) from the inspection organisation13) of significant or repeated infringements by operators using the due diligence system established by the control organisations;
(b) send to the central register information to the extent and in the manner laid down by the Ministerial Decree;
(c) cooperate in accordance with Article 12 of the directly applicable European Union Regulation laying down the obligations of operators marketing timber and timber products.
(3) The competent authorities are the Ministry, the Directorate-General for Customs and the customs offices, in accordance with the directly applicable European Union Regulation establishing a licensing scheme for imports of timber (33).
31) Article 7 (1) of Regulation (EU) No 995 / 2010 of the European Parliament and of the Council.
32) Article 8 (1) (c) of Regulation (EU) No 995 / 2010 of the European Parliament and of the Council.
33) Article 7 (1) of Council Regulation (EC) No 2173 / 2005. '
9. The following Section 4a is inserted after Section 4:
Use of data from public administration information systems
(1) The competent authorities referred to in Article 4 (1) and the authorised person shall, in the exercise of their powers under this Act, use data from the population base register to the following extent:
(a) the name and, where appropriate, the name and surname;
(b) the address of the place of stay and, where appropriate, the address to which the documents are to be served;
(c) date, place and district of birth; for a natural person born outside the territory of the Czech Republic, the date, place and state of birth,
(d) the date, place and district of death; if there is a death of a natural person outside the territory of the Czech Republic, the date of death, the place and the State in whose territory the death occurred; if the court's decision on the declaration of death is given, the date indicated in the decision as the date of death or the date on which the natural person did not survive and the date on which the decision became final,
(e) citizenship and, where appropriate, multiple citizenship.
(2) The competent authorities referred to in Article 4 (1) and the authorised person shall, in the exercise of their powers under this Act, use data from the population information system to the following extent:
(a) the name and / or the names, surnames and surnames,
(b) the date of birth;
(c) place and district of birth; for a natural person born outside the territory of the Czech Republic, the place and state of birth,
(d) citizenship and, where appropriate, multiple citizenship;
(e) the address of the place of permanent residence, including the previous addresses of the place of permanent residence and, where appropriate, the address to which the documents are to be served;
(f) the beginning of the permanent residence or, where applicable, the date of cancellation of the permanent residence or the date of termination of the permanent residence in the Czech Republic;
(g) date, place and district of death; if there is a death of a natural person outside the territory of the Czech Republic, the date of death, the place and the State in whose territory the death occurred; where the court's decision on the declaration of death is given, the date indicated in the decision as the date of death or the date on which the natural person did not survive and the date on which the decision was acquired.
(3) The competent authorities referred to in Article 4 (1) and the authorised person shall, in the exercise of their powers under this Act, use data from the alien information system to the following extent:
(a) the name and / or the names, surnames and surnames,
(b) the date of birth;
(c) the place and state of birth; where the alien was born in the territory of the Czech Republic, the place and district of birth,
(d) citizenship and, where appropriate, multiple citizenship;
(e) the type and address of the place of residence in the Czech Republic;
(f) the beginning of the stay or the date of termination of the stay in the Czech Republic,
(g) date, place and district of death; if there is a death of a natural person outside the territory of the Czech Republic, the date of death, the place and the State in whose territory the death occurred; where the court's decision on the declaration of death is given, the date indicated in the decision as the date of death or the date on which the natural person did not survive and the date on which the decision was acquired.
(4) The competent authorities referred to in Article 4 (1) and the designated person shall, in the exercise of their powers under this Law, use data from the basic register of legal persons, commercial natural persons and public authorities in addition to publicly available data to the extent:
(a) the name and, where appropriate, the name of the natural person or foreign person involved; and
(b) the address of the place of residence in the Czech Republic or, where applicable, the place of residence abroad of the trading natural person or foreign person.
(5) Data kept as reference data in the population base register or in the basic register of legal persons, natural persons and public authorities shall be used from the population information system or the alien information system only if they are in the form preceding the current situation. "
10. in Article 5 (a):
"(a) entrusts the authorised person to carry out the professional activities referred to in Article 10;"
footnote 15 is deleted.
11. in Article 5 (b), the word "Commission" is replaced by "European Commission (" Commission ")" and the word "recognition" is replaced by "recognition 17";
Footnote 17 reads:
"(17) Commission Delegated Regulation (EU) No 363 / 2012. ';
12. in Article 5, at the end of point (f), the dot is replaced by a comma and the following points (g) to (i) are added:
"(g) notify the Commission of any information that a directly applicable European Union law on the introduction of a system of licences for the import of timber is being or has been infringed;
(h) process and send to the Commission an annual report for the previous year in accordance with the provisions of the directly applicable regulation of the European Union establishing a system of licences for the import of wood;
(i) in case of doubt as to the validity of the timber import licence, the licensing authority of the exporting partner country, in accordance with the Partnership Agreement concluded with the exporting partner country, shall require additional verification of the validity of the timber import licence and further explanations; inform the Directorate-General of the results without undue delay. ';
13. in Section 6, the introductory part of the provision reads: "Regional Office."
14. in Article 6 (a), the words "on the initiative of an inspection or of an authorised person" shall be replaced by the words "carry out an inspection."
15. in Article 6 (b), the words "in the framework of the checks referred to in (a) may impose the introduction of corrective measures" shall be replaced by the words "impose corrective measures."
16. in Paragraph 6 (c), the word "provide" is replaced by the word "provide."
17. in Article 6 (d), the word 'negotiating' is replaced by 'negotiating';
18. in Article 6, at the end of point (d), the dot is replaced by a comma and the following point (e) is added:
"(e) adopt the immediate interim measures referred to in Article 10 (5) of the directly applicable European Union Regulation laying down the obligations of operators marketing timber and timber products.";
19. In Paragraph 6, the current text becomes paragraph 1 and the following paragraphs 2 and 3 are added:
"(2) The mandated officials of the Regional Office shall, when carrying out the inspection activities, be shown by means of a document showing their mandate to control them.
(3) The Ministry shall determine by decree the model of the licence referred to in paragraph 2. ';
20. The following Section 6a is inserted after Section 6, including footnote 34:
The municipal authority of the municipality with extended competence and the Military Forestry Office shall send:
(a) information to the Regional Office and the authorised person on the final decision on the offence for illegally harvested timber from domestic forest production in its administrative district;
(b) data from forest accountancy to the person responsible (34) to the extent and in the manner laid down by the Decree pursuant to Article 3 (3).
34) § 40 of Act No. 289 / 1995 Coll. '.
21. In Section 7, the introductory part of the provision reads: "Inspections."
footnote 20 is deleted.
22. in Paragraph 8 (1) of the introductory part of the provision, the words "on request by the competent authorities or by an authorised person of a controlled economic operator who places timber or timber products from other production on the market" shall be replaced by the words "to the competent authorities or to the person responsible for importing timber or timber products."
23. in Article 8 (1) (a), the words "controlled economic operator" shall be replaced by the words "declarant or importer," the words "place of business," shall be deleted, after the word "firm," the words "registered office and identification number of the person, if assigned," and the word "consignee" shall be replaced by the word "consignee."
24. in Article 8 (1) (c), the words "where necessary" shall be deleted and the words "or wood products" shall be added at the end of the text of the letter;
25. in Paragraph 8, the following paragraph 2 is inserted after paragraph 1:
"(2) The Directorate-General for Customs shall transmit to the Ministry the information necessary for the preparation of the annual report in accordance with the provisions of Sections 5 (g) and 5 (h)."
Paragraph 2 shall become paragraph 3.
26. in Paragraph 8 (3), "paragraph 1" is replaced by "paragraphs 1 and 2."
Article 27 (9), including the title and footnotes Nos 35 to 39, reads:
Customs office
Customs office
(a) on importation, accept and check licences for imports of timber (35);
(b) in case of doubt as to the type of wood used in imported timber products36), request the authorised person for professional cooperation and expert assessment pursuant to § 10 (h);
(c) in case of doubt as to the validity of the timber import licence, the Ministry shall, through the Directorate-General for Customs, request verification of the validity of the timber import licence with the licensing authority37) pursuant to § 5 (i);
(d) in case of doubt as referred to in (b) or (c), the timber products may be detained in accordance with the procedure laid down in the Customs Code (38) until they have received the expert assessment referred to in (h) or the validity of the import licence referred to in (i) of the timber,
(e) in cases where the result of the inspection of the type of wood used in timber products or the result of the verification of the validity of the import licence by the Ministry pursuant to Article 5 (i) indicates that the type of wood used in imported timber products does not correspond to or is invalid, it shall decide on the destruction of timber products under the Customs Regulations (39);
(f) in cases where the import of timber products subject to licences for the importation of wood is not subject to a licence for the importation of wood or an invalid licence for the import of wood is presented, it shall decide on the destruction of timber products in accordance with the Customs Regulation39).
35) Article 5 (1) of Council Regulation (EC) No 2173 / 2005.
36) Article 5 (4) of Council Regulation (EC) No 2173 / 2005.
37) Article 5 (5) of Council Regulation (EC) No 2173 / 2005.
38) Article 39 of Act No. 242 / 2016 Coll., Customs Act, as amended by Act No. 183 / 2017 Coll. Article 5 (7) of Council Regulation (EC) No 2173 / 2005.
39) Articles 197 and 198 of Regulation (EU) No 952 / 2013 of the European Parliament and of the Council laying down the Union Customs Code. '
footnotes 24 to 26 are deleted, including the footnotes.
28. in Article 10 (b), the words "to be checked in accordance with Article 6 (a)" shall be replaced by the words "to impose corrective action, to discuss an infringement or to take immediate interim action";
29. In Article 10, at the end of point (g), the dot is replaced by a comma and the following point (h) is added:
"(h) in the field of the timber import licence scheme, it shall, in accordance with Article 9 (b), process a technical assessment of the type of wood used in the timber product in accordance with Annexes II and III to the directly applicable European Union Regulation on the introduction of a timber import licensing scheme.";
30. The heading of Section 12 reads "Transfers."
31. in Article 12 (1), point (b) shall be deleted;
Point (c) shall be renumbered (b).
32. In Paragraph 12, the dot is replaced by a comma at the end of paragraph 1 and the following points (c) and (d) are added:
"(c) fails to comply with the corrective action referred to in Article 6 (1) (b); or
(d) fail to comply with the immediate interim measures provided for in Article 6 (1) (e). "
33.In Article 12 (3) (a), the words "paragraph 1 (b) or" shall be deleted.
34. in Article 12 (3), the words "or (c)" shall be added at the end of the text of point (b).
35. in Article 12 (3) (c), "(c)" is replaced by "(b) or (d)."
36. in Article 12 (4), point (a) is deleted;
Points (b) and (c) shall become points (a) and (b).
37.In Article 12 (4) (b), the text "(c)" is replaced by "(b)."
38. In Article 12, paragraphs 6 to 9 are added:
"(6) An administrative penalty may be imposed for the offence referred to in paragraph 1 (b), together with the fine, for the publication of the infringement decision and for the administrative penalty for the prohibition of activity within 1 year. The administrative penalty for the prohibition of activity may be imposed only if the offence referred to in paragraph 1 (b) has been committed repeatedly.
(7) An administrative penalty of up to 1 year may be imposed for the offence referred to in paragraph 1 (d), together with the fine.
(8) Where the offence referred to in paragraph 1 (a) is committed by a natural person, the administrative penalty shall be imposed on him. Upon the repeated execution of the offence, the natural person shall be fined in accordance with paragraph 3 (b).
(9) The competent decision on the offence shall be published in the central register referred to in Article 3 and entered in the criminal record kept by the Register of Penalties. '
Amendment to the Customs Act of the Czech Republic
In Article 8 (6) of Act No. 17 / 2012 Coll., on the Customs Administration of the Czech Republic, as amended by Act No. 243 / 2016 Coll., point (e) reads:
'( e) checks the catch certificate and decides on its verification on the import or re-export of marine fisheries products under the directly applicable European Union Regulation (4), ';
footnote 5 is deleted.
EFFECTIVE
That law shall take effect on the first day of the second calendar month following its publication.
z. Filip v. r.
Zeman v. r.
v. Schiller v. r.
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Regulation Information
| Citation | Act No. 206 / 2019 Coll., amending Act No. 226 / 2013 Coll., on the Marketing of Wood and Wood Products, as amended by Act No. 183 / 2017 Coll., and Act No. 17 / 2012 Coll., on the Customs Administration of the Czech Republic, as amended |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 22.08.2019 |
|---|---|
| Effective from | 01.10.2019 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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