Act No. 252 / 2011 Coll.
Act amending Act No. 185 / 2004 Coll., on the Customs Administration of the Czech Republic, as amended
Valid
Law
Effective from 30.08.2011
Text versions:
30.08.2011
252
THE LAW
of 22 July 2011
amending Act No. 185 / 2004 Coll., on the Customs Administration of the Czech Republic, as amended
Parliament has decided on this law of the Czech Republic:
Act No. 185 / 2004 Coll., on the Customs Administration of the Czech Republic, as amended by Act No. 635 / 2004 Coll., Act No. 669 / 2004 Coll., Act No. 80 / 2006 Coll., Act No. 230 / 2006 Coll., Act No. 575 / 2006 Coll., Act No. 170 / 2007 Coll., Act No. 130 / 2008 Coll., Act No. 136 / 2008 Coll., Act No. 218 / 2009 Coll., Act No. 227 / 2009 Coll., Act No. 288 / 2009 Coll., Act No. 104 / 2011 Coll., and Act No. 150 / 2011 Coll., is amended as follows:
1. In Article 2, at the end of point (i), the dot is replaced by a comma and the following points (j) to (m) are added:
"(j) the customs information system common to the European Union's automated information system for customs purposes, allowing for faster access to data which strengthens the effectiveness of the cooperation and control procedures of the customs authorities of the Member States in preventing and investigating and prosecuting serious infringements of the legislation;
(k) the identification databases of the customs files of the specific database within the customs information system, enabling the authorities of the Member States responsible for the customs investigation, where they initiate or conduct investigations of certain persons, as well as of Europol and Eurojust, to ascertain which competent authorities of the other Member States are conducting or have investigated certain persons;
(l) a serious infringement of the legislation which may be punishable by a custodial sentence or a protective measure involving deprivation of liberty of at least 1 year or a financial penalty of at least EUR 15 000;
(m) by an investigation file, an administrative or criminal file kept by the competent authority in connection with a suspicion or detection of a serious infringement. ';
2. in Article 3 (4), the following points (h) and (i) are inserted after point (g):
"(h) be responsible for the proper functioning of the Customs Information System in the Czech Republic and take the measures necessary to ensure compliance with the relevant legislation when it is used and to maintain its security;
(i) enter the data into the Customs Information System, have direct access to the data contained therein, consult, copy and amend, supplement, correct or delete the data entered into the Customs Information System; ';
Points (h) to (m) shall be renumbered (j) to (o).
3. In § 5c, the current text becomes paragraph 1 and the following paragraph 2 is added:
"(2) When applying the exemption provided for in paragraph 1 in relation to personal data contained in the Customs Information System, the legitimate interests of the person concerned shall be taken into account. ';
4. After § 5l, the following § 5m to 5s is inserted:
"Customs Information System
(1) The Directorate-General for Customs shall enter into the Customs Information System exclusively the data necessary for the performance of its purpose, including personal data,
(a) goods,
(b) means of transport;
(c) natural and legal persons;
(d) methods of carrying out fraud;
(e) availability of expertise;
(f) goods secured, seized or forfeited;
(g) secured, seized or forfeited cash.
(2) Data are entered into the Customs Information System according to:
(a) paragraphs 1 (a) to (f) shall only be used for observation and reporting purposes, hidden surveillance, specific controls and strategic or operational analysis;
(b) paragraph 1 (g) only for the purpose of strategic or operational analysis.
(3) Personal data may be included in the data entered into the Customs Information System for the purposes referred to in paragraph 2 only if there is actual knowledge, in particular on the basis of previous illegal activity, that the person has committed, committed or threatened to commit serious infringements. However, personal data referring to racial or ethnic origin, political attitudes, religious or philosophical beliefs, membership of trade unions, health or sexual life of persons shall not be included in the data entered into the Customs Information System.
(4) Personal data shall not be included in the data referred to in paragraph 1 (d).
(5) The data referred to in paragraph 1 (a) to (c) may only include personal data to the extent that:
(a) surname, maiden name, first name or, where applicable, names, former surname and pseudonym or alias;
(b) the date and place of birth;
(c) nationality,
(d) sex,
(e) the number, place and date of issue of the identity document, which means the passport, identity card or driving licence;
(f) the address of the place of stay;
(g) specific objective and permanent physical signs;
(h) the reason for entering the data;
(i) the proposed measures;
(j) warning codes for previous experience related to armed, violent or escape;
(k) the registration number of the means of transport.
(6) The data referred to in paragraph 1 (e) may only include personal data to the extent of surname and surname and, where appropriate, the names of experts.
(7) The data referred to in paragraph 1 (f) and (g) may only include personal data to the extent that:
(a) surname, maiden name, first name or, where applicable, names, former surname and pseudonym or alias;
(b) the date and place of birth;
(c) nationality,
(d) sex,
(e) the address of the place of stay.
(1) Data obtained from the Customs Information System may benefit from:
(a) the Directorate-General of Customs for administrative or other purposes only with the prior agreement of the Member State which entered the information into the Customs Information System and under the conditions laid down therein;
(b) an authorised customs authority for the purposes of police cooperation under the conditions laid down in (a) and in accordance with the provisions of this Law on the processing of personal data in the framework of police cooperation;
(c) the national member at Eurojust, his representative or his assistant to the extent necessary for the performance of his duties at Eurojust.
(2) The Directorate-General for Customs may transmit:
(a) to other authorities, third countries and international or regional organisations, the data obtained from the Customs Information System which are necessary for the exercise of their powers under specific legislation, only with the prior consent of the Member State which entered the Customs Information System and under the conditions laid down therein;
(b) information to the Member State which entered the data into the Customs Information System on the facts established in the activities referred to in Section 5m (2); Only data concerning:
1. the identification of goods, means of transport and legal or natural persons;
2. the place, time and reason for the inspection;
3. routes and destinations of travel of persons or means of transport;
4. persons accompanying the person concerned or using means of transport;
5. means of transport used,
6th goods transported.
(3) If the Directorate-General of Customs finds that the information entered into the Customs Information System by him does not comply with the conditions laid down in this Act, it shall immediately amend, supplement, correct or dispose of the data and inform the other Member States, Europol and Eurojust of the measures taken. Where those deficiencies are identified in the data entered into the Customs Information System by another Member State, it shall immediately inform that Member State thereof.
(4) Where the data collected by a national member in Eurojust, his representative or assistant are recorded in the Customs Information System, the national member in Eurojust shall, without undue delay, inform the State which entered the data in the Customs Information System. The data recorded may only be transmitted to a Member State other than a Member State with the consent of the State referred to in the first sentence.
(1) The Directorate-General for Customs shall enter in the customs files identification database exclusively the data necessary for the purpose of the investigation, including personal data,
(a) details of natural and legal persons on whom the investigation file is or has been kept by the competent authority; and
1. which are suspected or suspected of being involved in a serious infringement;
2. where the infringement referred to in point 1 has been detected; or
3. to whom a penalty has been imposed by a court or by a competent administrative authority for infringement of the legislation referred to in point 1;
(b) details of the area concerned by the investigation file;
(c) the name, nationality and contact details of the authority of the Member State responsible for the customs investigation;
(d) the file number of the customs file.
(2) The data referred to in paragraph 1 shall be entered separately in the data entry for each person. The creation of mutual links between these data records is prohibited.
(3
(a) surname, maiden name, first name or, where applicable, names, former surname and pseudonym or alias;
(b) the date and place of birth;
(c) nationality,
(d) sex.
(4) The data referred to in paragraph 1 (a), if it relates to a legal person, may only include:
(a) the name or business name and, where appropriate, any other description used in its activities;
(b) the address of the registered office;
(c) the tax identification number.
(5) The Directorate-General for Customs shall not enter the data referred to in paragraph 1 in the customs files identification database if:
(a) other important interests, in particular the immediate and serious threat to the security of the Czech Republic, another Member State or a third State, or to their other important public interest, have been affected by this, or
(b) such data may seriously harm the rights of natural persons or adversely affect ongoing investigations.
(1) The data contained in the Customs Information System shall be kept only for the period necessary to achieve the purpose for which they are entered.
(2) Personal data entered into the Customs Information System by another Member State shall not be copied into other national information systems, except for the acquisition of copies for the purposes of Article 5n (1) and for risk analysis.
(3) Personal data copied from the Customs Information System shall be kept only for the period necessary to achieve the purpose for which the copies were made, but not more than 10 years.
(4) The Directorate-General for Customs shall examine at least once a year the need to preserve the data entered into the Customs Information System by him. On the basis of the outcome of that review, it may decide to maintain the data until further review if this is necessary to achieve the purpose for which it was commissioned.
(5) The Directorate-General for Customs shall examine at least once a year the need for the preservation of personal data, copies of which have been acquired from the Customs Information System. Personal data which are not necessary for operational analysis shall be immediately disposed of or removed from them any elements enabling the identification of persons.
(6) The data contained in the customs files identification database shall be kept only for a period beginning to run from the date of entry of the data in the file and which is necessary to achieve the purpose for which the data were entered in that database, but not for a maximum period of
(a) 3 years if they relate to data of ongoing customs investigations for which no infringement has yet been detected; The Directorate-General for Customs shall dispose of the data entered in the customs files identification database before the expiry of 3 years, if 12 months have elapsed since the last investigation,
(b) 6 years in respect of data relating to customs investigations which have led to evidence of infringement but have not yet led to a conviction or to the imposition of a financial penalty;
(c) 10 years if the data relate to the investigation which led to the conviction or the imposition of a financial penalty.
(7) The Directorate-General for Customs shall dispose of the data which he has entered into the customs files identification database as soon as he finds that the reason for which he has entered the database has been lost.
For the purposes of this Act, the amount of the possible cash penalty in Czech currency shall be converted into the currency of the euro at the exchange rate of the foreign exchange market declared by the Czech National Bank and in force on the date of the establishment of the investigation file, which relates to the suspicion of a serious infringement or the detection of a serious infringement for which such penalty may be imposed.
Unless otherwise provided for in this law, the protection of the exchange of data entered into the Customs Information System or the provisions of this Act on the processing of personal data in the framework of police cooperation shall apply. ';
Efficacy
This Act shall take effect on the day of its publication.
Germany
Klaus v. r.
Nausea v. r.
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Regulation Information
| Citation | Act No. 252 / 2011 Coll., amending Act No. 185 / 2004 Coll., on the Customs Administration of the Czech Republic, as amended |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 30.08.2011 |
|---|---|
| Effective from | 30.08.2011 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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