Act No. 228 / 2005 Coll.
Act on the control of trade in products whose possession is restricted in the Czech Republic for security reasons and on the amendment of certain laws
Valid
Law
Effective from 16.06.2005
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228
THE LAW
of 18 May 2005
on the control of trade in products the possession of which is restricted for safety reasons in the Czech Republic and on the amendment of certain laws
Parliament has decided on this law of the Czech Republic:
CHECKS ON TRADE WITH PRODUCTS TO BE LIMITED IN THE CZECH REPUBLIC FOR SAFETY REASONS
Subject matter
(1) This Act implements the relevant European Union1) and provides for the control of trade in products the possession of which is restricted by special legislation in the Czech Republic for security reasons (2),
(a) when they are transported from the territories of the other Member States of the European Union to the territory of the Czech Republic or from the territory of the Czech Republic to the territory of the other Member States of the European Union (hereinafter referred to as "transport"),
(b) on importation of goods for free circulation, including re-importation, inward processing, end-use, temporary importation, customs warehousing or free zone, from a territory other than a Member State of the European Union in the Czech Republic (hereinafter referred to as "import"); or
(c) when exported from the Czech Republic to a Member State other than the European Union following the directly applicable regulation of the European Union governing the trade in firearms and ammunition (hereinafter referred to as "exports").
This is without prejudice to procedures under specific legislation4).
(2) The Government of the Government of the Republic of Moldova establishes a list of products (hereinafter referred to as "specified products"), their transport and import conditions, including in relation to the States defined in this Regulation, as well as further details of the requirements set out in Sections 2 to 4.
(3) The specified products can only be transported and imported on the basis of the authorisation of the Ministry of Industry and Trade (hereinafter referred to as "the authorisation"). Exports of products intended for the direct application of the European Union Firearms and Firearms Trading Regulation (hereinafter referred to as "designated products') may only be made on the basis of an export permit (hereinafter referred to as" export permit '). The authorisation and export permit shall be issued by the Ministry of Industry and Trade (hereinafter referred to as "the Ministry').
(4) The transport and import of specified products of a non-commercial nature under the directly applicable European Union Regulation implementing the Union Customs Code (5) is not subject to authorisation.
Authorisation
(1) At the request of a natural or legal person authorised in the Czech Republic (hereinafter referred to as "the applicant '), the Ministry shall decide to grant the authorisation in writing using an electronic form published in a manner laid down by the law governing the right to digital services (hereinafter referred to as" the electronic form').
(2) The application for authorisation, in addition to the general requirements, must contain:
(a) the function, name and surname of the processor of the application, telephone or fax number or electronic address;
(b) the proposed period of validity of the authorisation but not more than one year;
(c) the name of the specified product, its quantity or volume, expressed in units as specified in the Government Regulation and, where appropriate, other product specifications;
(d) the subheading and, in the case where it is not specified, the heading of the combined nomenclature of the Common Customs Tariff (6) indicating the specified products for which authorisation is requested,
(e) the identification details of the manufacturer, namely the company or name, the address of the registered office and the State, if any, if any, of the legal person, name and surname, business name, place of business or place of business, and the State, if any, of the natural person;
(f) identification details of the foreign contract partner, namely the business firm or name, the address of the registered office and the State, if any, if it is a legal person, the name and surname or, where applicable, the business firm, the place of residence or the place of business, and the State, if it is a natural person;
(g) identification details of the consignee when transporting specified products from the territory of the Czech Republic to the territory of the other Member States of the European Union, if different from the foreign contractual partner, namely the business firm or name, address of the registered office and State, if any, of the legal person, name and surname or, where applicable, business firm, place of residence or place of business, and the State, if the natural person,
(h) identification of the end-user, if known, the business firm or the name, address of the registered office and state, if any, of the legal person, name and surname, or business firm, domicile or place of business, and the State, if any, of the natural person;
(i) the name of the country from which the specified product is imported or transported or the name of the country to which the product is transported;
(j) the purpose of the transport or import;
(k) the total price of imported or transported specified products in Czech crowns according to the accompanying documents,
(l) a declaration by the applicant that the information provided for in the application for authorisation for transport or import complies with the documents submitted and that all the above information is true and that the specified products will be sold only for the authorised purpose.
(3) The application for authorisation must be accompanied by:
(a) authorisation or other document under specific legislation2);
(b) in the case of imports and shipments of specified products by means of a declaration of identification of the marking (7) or by a declaration by the applicant of non-labelling of the product by a test mark;
(c) other documents as laid down in the Government Decree.
(4) The applicant shall indicate in the application for authorisation, in addition to the requirements referred to in paragraph 2, the States by which he intends to accompany the goods.
(1) The submission of applications for authorisation shall not be limited in time unless otherwise provided for in the Government Regulation.
(2) The Ministry shall decide on the application for authorisation without undue delay, no later than 30 days, in particularly complex cases, that period may be 60 days from the date of receipt of the application. The Ministry will decide on the application on the basis of the binding opinion of the Ministry of Interior in terms of internal order and security.
(3) A binding opinion is issued by the Ministry of the Interior within 20 working days of the date of receipt of the Ministry's request; in particularly complex cases and at the reasoned request of the Ministry of Interior, this period may be extended accordingly.
(1) The authorisation contains, in addition to the general requirements,
(a) the registration number of the authorisation,
(b) a subheading of the combined nomenclature of the Common Customs Tariff (6) identifying the specified products for which authorisation is granted,
(c) the name of the specified product, its quantity or volume expressed in units of measurement, including the total price in CZK,
(d) the period of validity of the authorisation, for a maximum period of one year;
(e) the name of the end-user country in the case of the transfer of the product from the Czech Republic, the name of the country from which the product comes in the case of the transfer to the Czech Republic,
(f) any other conditions, if necessary for the fulfilment of the international obligations of the Czech Republic or its foreign policy or security interests;
(g) an obligation to return the authorisation within 20 working days of its exhaustion or termination to the Ministry, including a notification of the price and quantity of goods transported or imported.
(2) The authorisation may include, in addition to the information referred to in paragraph 1, the names of the States to which the goods may be accompanied, the details of the foreign contractual partner, the details of the recipient, if different from the foreign contractual partner, the end-user data and the commercial case data, where required by the international obligations of the Czech Republic or its foreign political or security interests.
(3) In the case of imports, the authorisation shall specify the place for the customs authorities to record the use of the authorisation granted; in the case of transport, the authorisation shall specify the location of the applicant's records of the use of the authorisation granted.
(1) The authorisation which is otherwise necessary for the placing on the customs procedure or re-export of specified products is not required for placing on the customs procedure
(a) transit;
(b) customs warehousing.
(2) Authorisation is not required for the placing of specified products under the free zone customs procedure.
(1) The authorisation may not be transferred or transferred to the successor in title. The person who has been granted an authorisation must therefore submit the authorisation to the customs office, in the case of importation together with the customs declaration, as the declarant, or to the Police of the Czech Republic in the case of transport. The person authorised shall return the authorisation to the Ministry within 20 working days of its exhaustion or termination.
(2) The person who has been granted an authorisation shall be required to inform the Ministry in writing, by the 10th day of the month following the end of the calendar semester, of the use of the authorisation in this previous calendar semester, using an electronic form in which, in addition to the general procedural requirements, the information contained in the application for authorisation and the authorisation granted in respect of transactions executed on the basis of that authorisation, the scope of which is provided for in the implementing legislation.
(1) No authorisation shall be granted by the Ministry if:
(a) the formalities laid down in Article 2 are not fulfilled;
(b) international commitments of the Czech Republic or its foreign political or security interests require this;
(c) the applicant has substantially infringed the obligations laid down by that law at a time from which no more than 1 year has elapsed; or
(d) the applicant has withdrawn the authorisation within a period of less than one year prior to the application pursuant to Article 8 (1) (a) and (b).
(2) In the event of failure to grant the authorisation referred to in paragraph 1, the State shall not be liable to a natural or legal person for any damage caused to it by the non-granting of the authorisation.
Suspension of authorisation
(1) Where necessary for the protection of the international obligations of the Czech Republic or its foreign political or security interests, the Ministry shall suspend the exercise of the rights and obligations of the permit (hereinafter referred to as "the drawing of the permit '). Decomposition against the decision to suspend the use of authorisations shall not have suspensory effect. If those reasons are omitted and there is no reason to proceed under Paragraph 8 (1), the Ministry shall revoke the decision to suspend the withdrawal.
(2) In the event of suspension of the authorisation referred to in paragraph 1, the State shall not be liable to any natural or legal person for any damage caused to it by the suspension of the authorisation.
Withdrawal of authorisation
(1) The Ministry shall withdraw the authorisation if:
(a) the authorisation was granted on the basis of false or incomplete data;
(b) the conditions or scope laid down therein are not complied with; or
(c) international commitments of the Czech Republic or its foreign political or security interests require this.
(2) The natural or legal person who has withdrawn the authorisation must return the original authorisation to the Ministry no later than 10 calendar days after taking the decision to withdraw the authorisation.
(3) In the cases referred to in paragraph 1, the State shall not be liable to the natural or legal person authorised for any damage caused to him by his authorised withdrawal.
Export authorisation
(1) The Ministry shall decide on the granting of the export authorisation on the basis of a request made by the exporter in writing using an electronic form. Paragraph 2 (2), (3) and (4) shall apply mutatis mutandis to the details of the application for export authorisation, the end-user being the final beneficiary in accordance with the directly applicable regulation of the European Union governing the trafficking of firearms and ammunition).
(2) Where the intended products are located in one or more Member States of the European Union other than the State in which the application for export authorisation has been lodged, this shall be indicated in the application.
(1) The Ministry shall decide on the application for authorisation to export without undue delay, but no later than 30 days after the date of receipt of the application, in particularly complex cases this period may be extended by up to 60 days. In deciding on the application, the requirements (15) set out in the directly applicable European Union regulation governing the trafficking of firearms and ammunition shall be met and documented; The Ministry shall decide on the application on the basis of binding opinions of the authorities concerned, which shall:
a) Ministry of Foreign Affairs in terms of the foreign political interests of the Czech Republic and respect for the international obligations of the Czech Republic, in particular those arising from the declared international treaties by which the Czech Republic is bound and the membership of the Czech Republic in international organisations,
b) Ministry of Interior in terms of internal order and security.
(2) The binding opinion referred to in paragraph 1 shall be delivered by the authority concerned within 20 days of receipt of the copy of the application for export authorisation; in particularly complex cases and upon reasoned request, that period may be extended accordingly. A binding opinion shall contain the consent or disagreement of the authority concerned, which shall be justified.
(3) The Ministry will grant an authorisation with a maximum duration of 1 year. The export permit shall be issued using the form set out in the directly applicable European Union provisions governing the trafficking of firearms and ammunition.)
(4) The Ministry will inform the Czech Mining Office of the granting of an export permit authorising the export of matches and free or black dust.
(5) The provisions on authorisations provided for in Articles 5 and 6 apply mutatis mutandis to export authorisations. The provisions on the provision of information referred to in Article 6 (2) shall apply mutatis mutandis to the provision of information by persons authorised to export.
(1) The Ministry shall not grant export authorisations if:
(a) the applicant has not complied with the requirements laid down in § 8a;
(b) a dissenting binding opinion has been issued pursuant to Article 8b;
(c) the exporter does not use adequate and appropriate means and procedures to ensure compliance with the provisions and objectives of the directly applicable European Union law governing the trafficking of firearms and munitions), this law and the terms of the export permit, and aspects relating to the intended end-use, the consignee, the designated final consignee and the risk of abuse;
(d) a Member State informed pursuant to a directly applicable European Union regulation governing the trafficking of firearms and munition15) objected to the granting of an export permit;
(e) the applicant does not fulfil the conditions for authorisation to export (15) under the directly applicable European Union regulation governing the trafficking of firearms and ammunition; or
(f) the applicant has been withdrawn within a period of less than 1 year prior to the submission of the application pursuant to Article 8e (1) (a), (b).
(2) The provisions on the non-authorisation provided for in Article 7 (1) (c) shall apply mutatis mutandis to the non-authorisation for export. Paragraph 7 (2) shall apply mutatis mutandis to liability in the event of non-granting of export permits in accordance with the directly applicable European Union provisions governing the trafficking of firearms and ammunition.
Suspension of use of export permits
(1) In cases provided for in a directly applicable European Union regulation governing the trafficking of firearms and ammunition, the Ministry, acting on a proposal from the institution concerned, shall suspend the use of export permits. Decomposition against the decision to suspend the use of export authorisations shall not have suspensory effect.
(2) If the reasons referred to in paragraph 1 are omitted and if there is no reason to proceed under Paragraph 8e, the Ministry, acting on a proposal from the authority concerned, decided on the basis of which it was proposed to suspend the use of the export permit, shall revoke the decision to suspend the use of the export permit.
(3) Article 7a (2) shall apply mutatis mutandis to liability in the event of suspension of the use of an export permit in accordance with the directly applicable European Union provisions governing the trading of firearms and ammunition.
Withdrawal of export authorisation
(1) The Ministry shall withdraw the export authorisation granted if:
(a) the authorisation was granted on the basis of false or incomplete data;
(b) the conditions or scope laid down therein are not complied with;
(c) international commitments of the Czech Republic or its foreign political or security interests require this; or
(d) if the person who received the authorisation has ceased to fulfil the conditions for granting the export authorisation.
(2) The provisions on the repayment of the authorisation referred to in Article 8 (2) and the provisions on liability referred to in Article 8 (3) apply mutatis mutandis to export authorisations.
International import certificate
International import certificate for specified products imported into the Czech Republic is issued by the Ministry for the needs of foreign natural and legal persons. An application for an international import certificate shall be made in writing using an electronic form. The application may require, in addition to the general requirements of the application, information contained in the application for authorisation and in the authorisation granted, the scope of which is provided for in the implementing legislation.
Customs inspection
(1) The customs office shall check that the import and transport of specified products and the export of specified products are carried out only by natural or legal persons who have been granted an authorisation or an export authorisation under this Act and that it is carried out to the extent and under the conditions laid down in this authorisation.
(2) The customs office shall enter in the original of the authorisation or the original of the export authorisation the essential information relating to the facts relating to their use. The entries on the original in those authorisations shall indicate the date of the entry and an indication clearly identifying the person who made the entry.
(3) Where the customs office finds that imports of specified products or exports of specified products are not carried out in accordance with this Act or the European Union provisions directly applicable to the trade in firearms and ammunition) in the case of designated products or with specific legislation or with the conditions laid down in the authorisation or export authorisation, it shall not release those specified or intended products into the proposed customs procedure and shall immediately inform the Ministry thereof.
During transport, import or export, the specified products and the intended products shall be accompanied by the original of the authorisation in respect of transport or import or the original of the export authorisation in respect of exports. Such authorisation shall be submitted by the holder to the customs office.
Securing specified products and securing specified products
Detention of specified products and intended products
(1) The customs office shall, in accordance with the procedure laid down in the Act governing the customs administration of the Czech Republic, retain specified products or specified products where there are reasonable grounds for suspecting that imports of specified products or exports of specified products are not carried out under that Act or other legislation, under the conditions laid down in the authorisation or export authorisation or, in the case of specified products, under the directly applicable European Union provisions governing the trade in firearms and ammunition).
(2) If the customs office finds, in the exercise of its other competence, that the transport of the specified products is not carried out under this law or other legislation, or under the conditions laid down in the authorisation, it shall retain the specified products in accordance with the law governing the Customs Administration of the Czech Republic.
(3) If the customs office leaves the specified products or intended products to a person who has been detained by the specified products or intended products and that person treats them in contravention of the procedure laid down by the law governing the customs administration of the Czech Republic, the legal act which infringed the prohibition of disposal shall be void.
The customs office shall also return the products or specified products retained if they are not necessary for further proceedings under this law.
Provision of data for the purposes of this Act
(1) The Ministry and the Directorate-General of Customs provide each other with information concerning the authorisation and export authorisation and the customs procedure, to the extent specified in the decisions referred to in Articles 4 and 8b (3); the provision of data by the Directorate-General of Customs does not constitute a breach of confidentiality under the tax rules. They shall immediately inform each other of the facts relevant to the administrative procedure under this Act, of the monitoring of compliance with the conditions laid down in the authorisation and the authorisation to export and to impose administrative penalties.
(2) The Ministry and the administrator of the Central Register of Weapons provide each other with data relating to the weapons and ammunition which are the subject of export and permit applications.
(3) The Ministry shall, on a case-by-case basis, provide, on request under a special legislature12) data to the extent specified in the Decisions pursuant to Sections 4 and 8b (3).
Preservation of information
The Ministry shall keep decisions or orders concerning the transport and import of specified products and decisions or orders concerning the export of specified products for a period of 30 years from the date of:
(a) a decision rejecting an application for an authorisation and an application for an export permit;
(b) issuing a order terminating the proceedings;
(c) the decision withdrawing the authorisation and export authorisation;
(d) the expiry of the authorisation and export authorisation; or
(e) exhaustion of authorisation and export authorisation.
Transfers
(1) A natural person commits an offence by:
(a) contrary to § 1 (3)
1. transports or imports a specified product without authorisation; or
2. export the intended product without authorisation to export;
(b) fails to fulfil one of the obligations laid down in the permit or export permit;
(c) as a person who has been granted an export permit, he shall not return the export permit in breach of Article 6 (1) or Article 8 (2),
(d) as a person who has been granted an export permit, does not comply with the obligation to inform the Ministry pursuant to Article 6 (2);
(e) carry out the transport or import of specified products in breach of Article 7a (1);
(f) carry out exports of the specified products contrary to Article 8d (1);
(g) fails to fulfil an obligation under Article 11; or
(h) does not provide a translation of all documents provided as evidence, contrary to the directly applicable regulation of the European Union governing the trafficking of firearms and ammunition.
(2) A penalty may be imposed in respect of an offence:
(a) 3 000 000 CZK or up to five times the price of the specified products or specified products, if five times the price of the specified products or specified products exceeds CZK 3 000 000, if the offence referred to in paragraph 1 (a), (b), (e) and (f) is committed,
(b) 100 000 CZK if the offence is referred to in paragraph 1 (c), (d), (g) and (h).
(1) A legal person or an undertaking natural person commits an offence by:
(a) contrary to § 1 (3)
1. transports or imports a specified product without authorisation; or
2. export the intended product without authorisation to export;
(b) fails to fulfil one of the obligations laid down in the permit or export permit;
(c) as a person who has been granted an export permit or an export permit, he shall, contrary to Article 6 (1) or Article 8 (2), return the export permit or permit,
(d) as a person who has been granted a permit or export permit, he does not comply with the obligation to inform the Ministry pursuant to Article 6 (2);
(e) carry out the transport or import of specified products contrary to § 7a;
(f) carry out exports of the specified products contrary to Article 8d (1);
(g) fails to fulfil an obligation under Article 11; or
(h) does not provide a translation of all documents provided as evidence, contrary to the directly applicable regulation of the European Union governing the trafficking of firearms and ammunition.
(2) A penalty may be imposed in respect of an offence:
(a) 5 000 000 CZK, or up to five times the price of the specified products or specified products, if five times the price of the specified products or specified products exceeds 5 000 000 CZK, if the offence referred to in paragraph 1 (a), (b), (e) and (f) is committed,
(b) 500 000 CZK if the offence is referred to in paragraph 1 (c), (d), (g) and (h).
The controlled specified products or specified products which have been forfeited or prevented by final decision shall, as a general rule, be sold by the competent organisational body of the State in a public auction; the proceeds from the sale after deduction of the cost of the sale are the income of the state budget of the Czech Republic. If these products cannot be sold, the competent organisational body of the State of destruction shall ensure that they are destroyed at the expense of those who have been forfeited or prevented from being controlled by the specified products or products.
Common provisions
(1) The offence referred to in Article 14 shall be dealt with by the customs office in whose territory the offence has been detected; the competent customs office may refer the matter to the customs office in whose territory the person who committed the offence lives or works. The offence referred to in Article 15 shall be dealt with by the customs office in whose territory the legal person is established; If the legal person is not established in the Czech Republic, the offence shall be dealt with by the customs office in whose territory the offence has been detected.
(2) The attempt to commit an infringement under Articles 14 (1) (a) (1) and (2) and 15 (1) (a) (1) and (2) is criminal.
Transitional provisions
(1) Valid official authorisations (licences) granted pursuant to Act No. 62 / 2000 Coll., on certain arrangements for the export or import of products and on licensing procedures and on the amendment of certain laws are deemed to be authorisations issued under this Act.
(2) Licensing procedures initiated before the date of entry into force of this Act shall be completed under this Act.
Authorisation provisions
The Government will issue a Decree implementing § 1 (2), § 6 (2), § 8a (1) in conjunction with § 2 (2), (3) and (4) and § 9.
Repeal
The following shall be deleted:
1. Act No. 152 / 1997 Coll., to protect against imports of dumped products and to amend and supplement certain laws.
2. Act No. 62 / 2000 Coll., on certain arrangements for the export or import of products and on licensing procedures and amending certain laws.
3. Decree of the Government No. 185 / 2000 Coll., laying down products which can be imported into or exported from the Czech Republic only on the basis of a licence pursuant to Act No. 62 / 2000 Coll., on certain arrangements for export or import of products and on licensing procedures and amending certain laws.
4. Government Decree No. 446 / 2000 Coll., amending Government Decree No. 185 / 2000 Coll., laying down products that can be imported into or exported from the Czech Republic only on the basis of a licence under Act No. 62 / 2000 Coll., on certain measures for the export or import of products and on licensing procedures and amending certain laws.
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Regulation Information
| Citation | Act No. 228 / 2005 Coll., on the control of trade in products whose possession is restricted in the Czech Republic for security reasons and on the amendment of certain laws |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 16.06.2005 |
|---|---|
| Effective from | 16.06.2005 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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