Act No. 213 / 2011 Coll.
Act on the prohibition of the use, development, production, storage and transfer of cluster munitions and its destruction (Act on the prohibition of cluster munitions)
Valid
Law
Effective from 01.03.2012
213
THE LAW
of 21 June 2011
on the prohibition and destruction of the use, development, production, storage and transfer of cluster munitions (Act on the prohibition of cluster munitions)
Parliament has decided on this law of the Czech Republic:
Subject matter
This Act regulates the obligations of natural and legal persons related to the prohibition of the use, development, production, storage and transfer of cluster munitions provided for in the Convention on cluster munitions (hereinafter referred to as the Convention).
Prohibition of cluster munitions
(1) It is prohibited to use cluster munitions or components thereof.
(2) Unless otherwise provided for in this law, the following shall be prohibited:
(a) develop and produce cluster munitions or components thereof;
(b) to acquire, possess, hold, store and collect cluster munitions or components thereof;
(c) to transfer and trade cluster munitions or components thereof;
(d) assist, support or compel anyone to deal with prohibited activities under paragraph 1 or points (a) to (c).
(3) It shall be prohibited to use and transfer patent rights for the production of cluster munitions or components thereof and patent rights for manufacturing processes intended for the production of cluster munitions or components thereof.
Allowed handling of cluster munitions
The Czech Republic, represented by the Ministry of Defence ("the Ministry '), may acquire, hold or transfer to another Party to the Convention an essential quantity of cluster munitions for the purpose of developing or training the detection, removal or destruction of cluster munitions and for the purpose of developing devices against cluster munitions.
Destruction of cluster munitions
(1) The Ministry shall ensure the destruction of all cluster munitions located in the Czech Republic within 8 years of the date of entry into force of this Act; This does not apply if it is a cluster munitions pursuant to § 3.
(2) Legal or commercial natural persons may, with the consent of the Ministry, hold and store the cluster munitions which the Ministry has transmitted to them for the purpose of destroying them in accordance with paragraph 1 for 8 years from the date of entry into force of this Act.
Transfers of legal and business natural persons
(1) A natural person who is a legal or commercial person commits an offence by violating any of the prohibitions laid down in Section 2.
(2) A fine of up to 50 000 000 CZK may be imposed for the offence referred to in paragraph 1.
Common provisions on infringements
The transfers under this law are discussed by the Ministry.
Reporting obligation
The holders of patents for the production of cluster munitions or components thereof and the holders of patents for production processes intended for the production of cluster munitions or components thereof shall be obliged to notify the Ministry within 90 days of the date of entry into force of this Act; if they have become owners of patents after the entry into force of this Act, within 90 days of becoming owners of patents.
Efficacy
This Act shall take effect on the date of entry into force of the Convention for the Czech Republic.
Germany
Klaus v. r.
Nausea v. r.
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Regulation Information
| Citation | Act No. 213 / 2011 Coll., on the prohibition of the use, development, production, storage and transfer of cluster munitions and on its destruction (Act on the prohibition of cluster munitions) |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 19.07.2011 |
|---|---|
| Effective from | 01.03.2012 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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