Act No. 226 / 2013 Coll.
Law on the marketing of timber and timber products
Valid
Law
Effective from 01.09.2013
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226
THE LAW
of 20 June 2013
on the making available on the market and export of wood, timber products and certain other commodities
Parliament has decided on this law of the Czech Republic:
Subject matter
(1) This law provides for the direct application of the European Union1) the marketing, making available on the market or export of timber, timber products and certain other commodities and provides for a central register of due diligence systems in the field of the marketing, making available on the market or export of timber, timber products and certain other commodities (hereinafter referred to as "central registration '), and the competence and powers of national administrations and administrative penalties for infringements in the field.
(2) Following the directly applicable regulation of the European Union30, this Act also provides for the competence of administrative offices in the field of FLEGT licensing schemes for imports of timber (hereinafter referred to as "timber import licences").
National Forestry Institute
(1) A National Forestry Institute (hereinafter referred to as the Institute) is hereby established.
(2) The Institute is an administrative office subordinate to the Ministry of Agriculture (hereinafter referred to as the Ministry).
(3) The seat of the Institute is Brandýs nad Labem - Stará Beleclav.
(4) Head of the Institute is the Director; its selection, appointment and appeal are governed by the Civil Service Act.
(5) The Institute, as a competent authority under Regulation (EU) 2023 / 1115 of the European Parliament and of the Council of 31 May 2023 concerning the making available on the Union market and exports from the Union of certain commodities and products associated with deforestation and repealing Regulation (EU) No 995 / 2010 (the "deforestation Regulation"), is competent to exercise the powers laid down in the deforestation Regulation as regards the relevant commodities and the relevant products listed in Annex I to the deforestation Regulation. The provisions of the first sentence shall not apply where the jurisdiction of the Ministry or of another administrative office is established by this Act for the demarcated areas.
(6) The Institute further
(a) carry out professional activities under the Forest Law in the area of:
1. regional forest development plans and when land is included in the typology system;
2. forest plans and forest economic curricula,
3. forest inventory,
4. invasive non-indigenous species;
5. forest economic records; and
6th licence,
(b) monitor and evaluate the state and development of forest ecosystems;
(c) provide information on forests and hunting,
(d) carry out professional activities and technical activities under the Act on trade in forest reproductive material in the field of genetic resources;
(e) carry out professional activities in the field of licences for the import of wood;
(f) carry out professional activities in the field of forest support provided under the Forest Act, the Law on trade in forest reproductive material and the directly applicable European Union rules;
(g) maintain, update and supplement a network of demonstration facilities in the forestry sector and manage information on that network;
(h) information technology
1. ensure the management, development and distribution of control software intended to check compliance of forest economic plans and forest economic curriculum outputs with the forestry information standard;
2. carry out a check of compliance of the transmitted exchange format of forest plans and forest economic curriculum data with the forestry information standard and a list of mandatory items;
3. Provides the function of an information data centre for the forestry, hunting and fishing sector;
4. manages the portal of the Hunting Client and
5. Provides management of forest categories;
i) represents the Czech Republic in international and intergovernmental organisations and participates in domestic and international forestry projects, carries out advisory, methodological, training, publishing and awareness-raising activities in its field of competence, processes statistical reports, expert assessments, analyses, concepts and forecasts, evaluates the basis for periodic reports on forest status, provides and performs activities related to the implementation of Forest pedagogy.
Central records
(1) The central register serves for the needs of checking the due diligence system for operators and is an information system for public administrations (9), which contains information
(a) provided by the competent authorities pursuant to Article 4 (1) in application of the anti-deforestation Regulation;
(b) for an overall assessment of the application of the deforestation regulation;
(c) to plan checks on economic operators on the basis of risk analysis;
(d) for a comprehensive assessment and assessment of the risks associated with marketing or export of wood, timber products and certain other commodities.
(2) The information from the central register referred to in paragraph 1 shall be made available to the competent authorities as referred to in Article 4 (1) on the Ministry's website. The information shall be kept for at least 10 years.
(3) By decree, the Ministry shall determine the scope of the information and the manner in which it is to be transmitted to the central register by the competent authorities in accordance with Article 4 (1) when applying the deforestation regulation.
Competent authorities
(1) The competent authorities under the anti-deforestation Regulation are:
(a) the Ministry;
(b) secondary competent authorities:
1. The Institute, unless the Act provides that it is the principal competent authority,
2. State Agricultural and Food Inspection,
3. State Veterinary Administration; and
4. The Central Control and Testing Institute of Agriculture, and
(c) other competent authorities:
1. Czech Trade Inspection,
2nd Regional Sanitation Station,
3. Ministry of Health,
4. Czech Environmental Inspection; and
5. Ministry of the Environment.
(2) The competent authorities referred to in paragraph 1 shall carry out checks in respect of the relevant products listed in Annex I to the deforestation Regulation and shall be responsible for the general enforcement of the deforestation regulation in accordance with their substantive scope under other legislation40) as follows:
(a) the Institute, if it is wood in relation to the relevant products listed in Annex I to the deforestation Regulation;
(b) State agricultural and food inspection
1. bovine animals in relation to the relevant products listed in the Annex to this Act;
2. cocoa in relation to the relevant products listed in Annex I to the deforestation Regulation;
3. coffee in relation to the relevant products listed in Annex I to the deforestation Regulation;
4. palm oil in relation to the relevant products listed in the Annex to this Law; and
5. Soya with regard to the relevant products listed in the Annex I on the anti-deforestation regulation,
(c) State veterinary administration, if bovine animals are related to the relevant products listed in Annex I to the deforestation Regulation;
(d) Central control and testing institutes of agriculture
1. palm oil in relation to the relevant products listed in the Annex to this Act;
2. soybean in relation to the relevant products listed in Annex I to the deforestation Regulation;
e) Czech Trade Inspection
1. palm oil in relation to the relevant products listed in the Annex to this Act;
2. wood in relation to the relevant products listed in Annex I to the deforestation Regulation; and
3. rubber in relation to the relevant products listed in Annex I to the deforestation Regulation;
(f) regional health centres,
1. cocoa in relation to the relevant products listed in the Annex to this Act,
2. coffee in relation to the relevant products listed in the Annex I on the anti-deforestation regulation,
3. palm oil in relation to the relevant products listed in the Annex to this Law; and
4. Wood in relation to the relevant products listed in the Annex to this Act; and
(g) Czech environmental inspection, in relation to the relevant products listed in the Annex to this Act.
(3) The competent authorities referred to in paragraph 1:
(a) receive and assess, within the scope of their notification to economic operators and natural and legal persons referred to in Articles 4 (5) and 31 of the deforestation Regulation, and within 30 days, communicate to them the measures taken, including their justification;
(b) send to the central register the information referred to in Article 3 to the extent and in the manner laid down by the Order;
(c) cooperate and exchange information with each other, the customs authorities of the Czech Republic, the competent authorities referred to in paragraph 1 and the customs authorities of other Member States, the European Commission (the Commission) and, where necessary, the administrative authorities of third countries referred to in Article 21 and 27 of the deforestation Regulation;
(d) conclude an agreement with the Commission on the transmission of information pursuant to Article 21 (2) of the deforestation Regulation;
(e) provide technical and other support and give instructions to operators in accordance with Article 15 (1) of the Regulation against deforestation.
(4) The competent authorities under the directly applicable regulation of the European Union on the introduction of a timber licensing scheme (33) are the Ministry, the Institute, the Directorate-General for Customs and customs offices.
Ministry
(a) ensure, in cooperation with the Institute, the exchange of information pursuant to Article 15 of the Regulation against deforestation;
(b) is a central register administrator under another legislation18),
(c) is an appeal body against the decision of the Institute under this law;
(d) notify the Commission of any information concerning the infringement or infringement of the directly applicable regulation of the European Union establishing a system of licences for the import of wood;
(e) prepare 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;
(f) 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 customs of the outcome without undue delay,
(g) make available annually, by 30 April of the calendar year, information on the application of the anti-deforestation Regulation during the previous calendar year to the extent provided for in Article 22 of the deforestation Regulation; inform the Commission within the same time limit,
h) represents the Czech Republic in the expert groups of the Commission and ensures compliance with the obligations under Article 30 (1), (4) and (5) of the Regulation against deforestation.
(1) The Institute, as the main competent authority,
(a) imposes interim measures in accordance with Article 23 of the Regulation against deforestation;
(b) imposes corrective measures in accordance with Article 24 of the Regulation against deforestation;
(c) to deal with offences pursuant to § 12 (1) to (4);
(d) ensure the methodological management of the competent authorities referred to in Article 4 (1) (b) and (c), as well as of economic operators and traders, in order to promote the proper implementation of the deforestation regulations;
e) provides the Czech Trade Inspection, Regional Sanitation Stations and the Czech Environmental Inspection upon request an assessment for the geolocation referred to, whether deforestation or deforestation has occurred pursuant to Article 3 (a) of the Regulation;
f) represents the Czech Republic in Commission expert groups;
(g) ensure, in cooperation with the Ministry, the exchange of information pursuant to Article 15 of the Regulation against deforestation;
(h) continuously monitor and evaluate changes in the pattern of trade in relevant products which may lead to circumvention of the deforestation regulation and inform the Ministry of Forestry of the findings pursuant to Article 15 (3) of the deforestation Regulation;
(i) keep a central register;
(j) in the field of the timber import licence scheme, it shall, in accordance with Article 9 (1) (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 establishing a system of licences for the import of wood;
(k) determine the situations under Article 17 of the deforestation Regulation which require immediate action; publish such situations in a way that allows remote access and register them in the information system referred to in Article 33 of the deforestation Regulation;
(l) submit to the Ministry by 31 March of the calendar year each year a report on the application of the anti-deforestation regulation pursuant to Article 22 of the deforestation regulation, which it processes on the basis of information from other competent authorities referred to in Article 4 (1),
(m) prepare the annual control plan referred to in Article 16 (5) and Article 16 (8) to (10) of the deforestation Regulation on the basis of draft annual control plans for secondary and other competent authorities;
(n) inform the Commission in accordance with Article 16 (7) of the deforestation Regulation.
(2) The staff of the Institute shall, when carrying out the inspection activities, be shown by means of a document showing their mandate to carry out the inspection.
(3) The Ministry shall determine by decree the model of the licence referred to in paragraph 2.
Provisional measures under Article 23 of the Regulation against deforestation
(1) Provisional measures under Article 23 of the deforestation regulation may be imposed by the Institute, the Czech Trade Inspectorate, the Regional Health Station and the Czech Environmental Inspection Office in the event of a potential non-compliance with the deforestation regulation, which means a potential non-compliance with the requirements of Chapter 2 of the deforestation regulation, on the basis of:
(a) carrying out evidence or examining other relevant information pursuant to Article 21 or 27 of the deforestation Regulation obtained from the competent authorities referred to in Article 4 (1);
(b) an initiative by persons expressed in accordance with Article 31 of the deforestation Regulation;
(c) checks carried out in accordance with Article 4 (2); or
(d) the identification of risks in the central register.
(2) The decision on interim measures under Article 23 of the Regulation against deforestation may be the first act in the proceedings. Where such interim measures are issued on the spot in respect of checks carried out under the control rules, they shall be notified by the transmission of a copy of the copy to the person checked by the operator, trader or their authorised representative, by means of the person authorised to take over the documents under the administrative rules. Where the person authorised to take over the documents referred to in the second sentence refuses to take over the copy of the document or otherwise makes it impossible to transmit it, an entry shall be made on the file and the measure shall be deemed to be notified. Where the circumstances of the case so require, the measure may be notified to the person empowered to take over the documents referred to in the second sentence in accordance with the procedure laid down in Article 143 (2) of the Administrative Regulation.
(3) An appeal against an interim measure pursuant to Article 23 of the Regulation against deforestation shall not have suspensory effect.
(4) An economic operator, trader or their authorised representative against whom an interim measure is directed against deforestation pursuant to Article 23 of the Regulation may lodge a written appeal against the measure. Where third sentences are referred to in paragraph 2, the period for lodging the appeal shall begin to run from the date of receipt of the copy of the original of the provisional measure decision referred to in Article 23 of the Regulation against deforestation. Where a provisional measure provides for a relevant perishable product, the period for lodging an appeal shall be 5 working days from the date of notification of the provisional measure.
(5) The appeal lodged in the event of an appeal against an interim measure pursuant to Article 23 of the Regulation against deforestation imposed on:
(a) by the Institute, the Ministry shall decide:
b) The Czech Trade Inspection Authority will decide by the Central Inspectorate of the Czech Trade Inspection,
(c) the Ministry of Health shall decide by the Regional Health Station; and
d) Czech environmental inspection will be decided by the Ministry of the Environment,
not later than 15 days after the date on which the appeal was submitted to the appeal authority in accordance with the procedure laid down in Paragraph 88 (1) of the Administrative Regulation.
(6) Where interim measures are imposed pursuant to Article 23 of the Regulation against deforestation in order to ensure the relevant products, the safeguard shall continue until such interim measures are repealed or, where appropriate, until a final decision is taken to forfeit or prevent the relevant products covered. The competent authority referred to in paragraph 1 which has imposed interim measures pursuant to Article 23 of the deforestation Regulation shall be entitled to store the relevant products secured outside the reach of the operator, trader or their authorised representative to whom the interim measures have been imposed. Where it is demonstrated that the relevant products secured are not in accordance with the requirements of the deforestation Regulation, storage costs shall be borne by the operator, trader or their authorised representative to whom the interim measure has been imposed.
(7) If the reasons for the provision of the relevant products are omitted, the competent authority referred to in paragraph 1 which has imposed the interim measures shall withdraw the interim measures referred to in paragraph 6 by decision of the economic operator, trader or their authorised representative to whom the interim measures have been imposed pursuant to Article 23 of the deforestation Regulation, or by decision of forfeiture or by preventing the relevant products secured. The owner of the failed or prevented relevant products becomes the owner. In the event of the repeal of the interim measure referred to in Article 23 of the deforestation Regulation, the products secured shall be returned without undue delay to the operator, trader or their authorised representative to whom the interim measure has been imposed pursuant to Article 23 of the Regulation.
(8) The competent authority referred to in paragraph 1, which has taken a final decision to forfeit or prevent the relevant products covered, shall provide that such products are to be transferred as waste for processing in accordance with the Waste Act (34). The costs of destruction of the products forfeited or prevented shall be borne by the operator, trader or their authorised representative with whom they have been secured.
(9) It shall immediately inform the authorities of the other Member States and the Ministry of the provisional measures provided for in Article 23 of the Regulation against deforestation of the Institute, if necessary, which shall subsequently inform the Commission. If the interim measures have been imposed by the Czech Trade Inspection Office, the Regional Health Station or the Czech Environmental Inspection Office, they shall immediately inform the Institute.
Corrective measures under Article 24 of the deforestation Regulation
(1) The Institute, Czech Trade Inspectorate, Regional Health Station and Czech Environmental Inspection may impose corrective measures on economic operators or traders under Article 24 of the deforestation Regulation.
(2) The decision on a corrective action under Article 24 of the deforestation Regulation may be the first act in the proceedings. Where such a remedy is issued on the spot in relation to the control carried out, it shall be notified by the transmission of a copy of the copy to the economic operator, trader or their authorised representative by means of the person authorised to take over the documents in accordance with the administrative rules. Where, in accordance with the second sentence, a person refuses to take over a copy of the document or otherwise makes it impossible to transmit it, an entry shall be made on the file and the measure shall be deemed to be notified. Where the circumstances of the case so require, the measure may be notified to the person empowered to take over the documents referred to in the second sentence in accordance with the procedure laid down in Article 143 (2) of the Administrative Regulation.
(3) An appeal against a corrective measure pursuant to Article 24 of the deforestation Regulation shall not have suspensory effect.
(4) An economic operator or trader against whom a corrective measure is directed pursuant to Article 24 of the deforestation Regulation may lodge a written appeal against the measure in question with the authority which issued the corrective measure pursuant to Article 24 of the deforestation Regulation. Where third sentences are referred to in paragraph 2, the period for lodging an appeal shall begin to run from the date of receipt of the written copy of the decision on the measure.
(5) The appeal lodged in the event of an appeal against a corrective measure pursuant to Article 24 of the Regulation against deforestation imposed
(a) by the Institute, the Ministry shall decide:
b) The Czech Trade Inspection Authority will decide by the Central Inspectorate of the Czech Trade Inspection,
(c) the Ministry of Health shall decide by the Regional Health Station; and
d) Czech environmental inspection will be decided by the Ministry of the Environment,
not later than 15 days after the date on which the appeal was submitted to the appeal authority in accordance with the procedure laid down in Paragraph 88 (1) of the Administrative Regulation.
(6) The authority referred to in paragraph 5 of this Article shall withdraw the measure under review by decision and terminate the procedure if it concludes that it should not have been issued; otherwise, it shall amend the defective measure or reject the appeal and confirm the measure.
Directorate-General for Customs
(1) The Directorate-General for Customs shall provide the competent authorities referred to in Section 4 (1) on the import and export of the relevant products listed in Annex I to the deforestation Regulation with the following information:
(a) identification details of the declarant, importer or exporter, the name and, where applicable, the names, and surnames, the place of residence, and, where appropriate, the business name, registered office and identification number of the person, if any, or the name and address of the consignee;
(b) a description, including the trade name and type of product, according to its classification in the Combined Nomenclature listed in Annex I to the deforestation Regulation,
(c) information on the country of dispatch and the country of origin of the relevant product; and
(d) the quantity expressed in volume, weight or number of units.
(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 (d) and 5 (e).
(3) The provision of the information referred to in paragraphs 1 and 2 is not a breach of confidentiality under the tax rules (23).
Customs office
(1) 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), the Institute shall request professional cooperation and expertise pursuant to § 6 (1) (j);
(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 (f);
(d) in case of doubt referred to in (b) or (c), the timber products may be detained in accordance with the procedure laid down in the Act governing the Customs Administration of the Czech Republic until they have received the expert assessment referred to in Article 6 (1) (b). (j) or before the validity of the import licence referred to in Article 5 (f) is checked;
(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 (f) 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 pursuant to the Customs Regulation39);
(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).
(2) Furthermore,
(a) carry out checks on the customs declarations referred to in Article 26 (3) of the Regulation against deforestation;
(b) in case of doubt as to whether the relevant product complies with the regulation against deforestation, it shall be detained in accordance with the procedure laid down in the Law governing the Customs Administration of the Czech Republic and shall request the opinion of the competent authority referred to in Article 4 (1);
(c) release the relevant product under the proposed customs procedure unless the competent authority has expressed its views within 15 days;
(d) in the event that the relevant product has not been placed under the customs procedure for free circulation, it shall decide on the destruction of the relevant product under the customs legislation (39), except for live bovine animals to be returned to the importer under the customs legislation (39); and
(e) where the relevant product has not been placed under the customs export procedure, it shall return the relevant product to the exporter in accordance with the Customs Regulation39).
Additional competent authorities
Additional competent authorities
(a) in accordance with Article 16 of the deforestation Regulation, within the scope of its scope set out in Article 4 (2) and in the Annex to this Act, carry out checks on the proper management of the due diligence system, the submission of declarations of due diligence and the collection of information pursuant to Article 4 and Article 5 of the deforestation Regulation, except for an assessment of whether deforestation or deforestation has occurred for that geolocation, as referred to in Article 3 (a) of the deforestation Regulation;
(b) in the case of identified deficiencies in the control referred to in point (a), initiate the Institute to impose, where appropriate, interim measures in accordance with Article 23 of the Regulation against deforestation, corrective action in accordance with Article 24 of the Regulation against deforestation or the negotiation of an infringement;
(c) provide the Institute
1. information to evaluate the change in the pattern of trade in relevant products which may lead to circumvention of the de-deforestation Regulation;
2. the information and synergies needed to draw up the report on the application of the anti-deforestation regulation referred to in Article 22 of the deforestation Regulation by 28 February of the calendar year preceding,
3. draft annual control plans pursuant to Article 16 (5) and Article 16 (8) to (10) of the deforestation Regulation; and
4. the information referred to in Article 16 (7) of the deforestation Regulation.
Other competent authorities
Czech Trade Inspection, Regional Sanitation Station and Czech Environmental Inspection
(a) in accordance with Article 16 of the anti-deforestation Regulation, carry out, within the scope of their scope set out in Article 4 (2) and the Annex thereto, checks on the proper management of the due diligence system, the submission of declarations of due diligence and the collection of information pursuant to Article 4 and Article 5 of the deforestation Regulation;
(b) to the extent of their scope laid down in Article 4 (2) and in the Annex thereto, impose provisional measures under Article 23 of the deforestation Regulation;
(c) impose, within the scope of their scope set out in Article 4 (2) and in the Annex thereto, corrective measures under Article 24 of the deforestation Regulation;
(d) within the scope of their jurisdiction set out in § 4 (2) and in the Annex thereto, they shall deal with infringements under § 12 (1) to (4);
(e) provide the Institute with:
1. information to evaluate the change in the pattern of trade in relevant products which may lead to circumvention of the de-deforestation Regulation;
2. the information and synergies needed to draw up the report on the application of the anti-deforestation regulation referred to in Article 22 of the deforestation Regulation by 28 February of the calendar year preceding,
3. draft annual control plans pursuant to Article 16 (5) and Article 16 (8) to (10) of the deforestation Regulation; and
4. the information referred to in Article 16 (7) of the deforestation Regulation.
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Regulation Information
| Citation | Act No. 226 / 2013 Coll., on the Marketing of Wood and Wood Products |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 02.08.2013 |
|---|---|
| Effective from | 01.09.2013 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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