Act No. 281 / 2013 Coll.
Act amending Act No. 228 / 2005 Coll., on the control of trade in products whose possession is restricted for security reasons in the Czech Republic and on the amendment of certain laws, as amended, and on the amendment of certain other laws
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Effective from 30.09.2013
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281
THE LAW
of 21 August 2013
amending Act No. 228 / 2005 Coll., on the control of trade in products the possession of which is restricted for security reasons in the Czech Republic, and amending certain laws, as amended, and amending certain other laws
Parliament has decided on this law of the Czech Republic:
Amendment of the Act on the Control of Trade in Products whose possession is restricted in the Czech Republic for security reasons
Act No. 228 / 2005 Coll., 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, as amended by Act No. 378 / 2007 Coll., Act No. 227 / 2009 Coll. and Act No. 18 / 2012 Coll., is amended as follows:
1. Paragraph 1 (1), including footnotes 1 to 4, reads:
"(1) This Act implements the relevant European Unionregulations (1) and regulates 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 from a territory other than a Member State of the European Union into the territory of the Czech Republic (hereinafter referred to as "imports"); 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).
1) Article 346 of the Treaty on the Functioning of the European Union.
2) For example, Act No. 119 / 2002 Coll., on firearms and ammunition and amending Act No. 156 / 2000 Coll., on verification of firearms, ammunition and pyrotechnic articles and amending Act No. 288 / 1995 Coll., on firearms and ammunition (Firearms Act), as amended by Act No. 13 / 1998 Coll., and Act No. 368 / 1992 Coll., on administrative charges, as amended, and Act No. 455 / 1991 Coll., on business (Trade Act), as amended.
(3) Regulation (EU) No 258 / 2012 of the European Parliament and of the Council of 14 March 2012 implementing Article 10 of the United Nations Protocol against the illicit manufacture and trade of firearms, parts and ammunition, supplementing the United Nations Convention against Transnational Organised Crime (UN Firearms Protocol) and providing for export permits, arrangements for the import and transit of firearms, their parts, parts and ammunition.
4) For example, Act No. 38 / 1994 Coll., on Foreign Trade in Military Material and on Addition to Act No. 455 / 1991 Coll., on Commercial Business (Trade Trade Act), as amended, and Act No. 140 / 1961 Coll., Criminal Act, as amended, Act No. 61 / 1988 Coll., on Mining Activities, Explosives and State Mining Administration, as amended. '
2. In Article 1 (2), the words "and imports, including" shall be inserted after the word "transport," and at the end of the paragraph, the words "authorisations to transport and imports" shall be added (hereinafter referred to as "authorisations").
3. In Article 1 (3), the words "and imported 'shall be inserted after the word" transported' and the words "Exports of products destined for the directly applicable European Union provisions governing the trade in firearms and ammunition '(hereinafter referred to as" intended products') shall be added only on the basis of an export permit (hereinafter referred to as "export authorisation '). The permit and export permit shall be issued by the Ministry of Industry and Trade (hereinafter referred to as" the Ministry'). '.
4. In Article 1 (4), the words "and imports' shall be inserted after the words" Transport '.
5. In Article 2 (1), the words "Ministry of Industry and Trade (" Ministry ')' are replaced by the words "Ministry 'and the words" written' are deleted.
6. In Section 2 (2) of the Introductory Part of the provision, the words "in addition to the general requirements' shall be inserted after the word" authorisation '.
7. in Article 2 (2) (a), the words "the identity of the applicant, the name and surname, address, place of business and the identification number of the person (hereinafter referred to as" the identification number "), where assigned, the business name or the name, registered office and the legal person identification number," shall be deleted;
8. In Article 2 (2) (d), the words "or imports' shall be inserted after the words" transport '.
9. in Article 2 (2) (e), the word "producer" shall be replaced by "manufacturer," and the word "person" shall be replaced by "person."
10. in Paragraph 2 (2) (f), the word "partner" is replaced by "partner," and the word "person" is replaced by "person."
11. in Article 2 (2), the following point (g) is inserted after point (f):
"(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 contract 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, of the business firm, domicile or place of business, and the State, if any, of the natural person."
Points (g) to (l) shall be renumbered as points (h) to (m).
12. in Article 2 (2) (h), the word "user (" shall be replaced by "user, if known," and the word "person) shall be replaced by" person. "
13. in Article 2 (2) (i), the words "the product comes" are replaced by the words "the specified product is imported or transported or the name of the country to which the product is transported."
14. in Paragraph 2 (2), the words "or imports" shall be added at the end of the text in point (j).
15. in Paragraph 2 (2) (k), the words "or exported" shall be replaced by the words "or transported as specified."
16. in Article 2 (2) (l), the words "or import" shall be inserted after the word "transport" and the words "true" shall be inserted after the word "established."
17. in Article 2 (2), the comma at the end of point (l) is replaced by a dot and point (m) is deleted;
18. in Article 2 (3), point (a) is deleted;
Points (b) to (d) shall be renumbered as points (a) to (c).
19. in Article 2 (3) (b), the words "and the transport of specified products" shall be inserted after the words "import."
20. Paragraph 2 (4) reads:
"(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. ';
21. In Paragraph 4 (1) of the introductory part of the provision, the words "except for general requirements," shall be inserted after the words "contain."
22. in Paragraph 4 (1), point (a) is deleted;
Points (b) to (h) shall be renumbered (a) to (g).
23. in Paragraph 4 (1) (f), the words "security reasons" are replaced by the words "reasons for fulfilling the international obligations of the Czech Republic or its foreign political or security interests."
24. in Paragraph 4 (1) (g), the word 'transported' is replaced by 'and the quantity transported or imported';
25. in Paragraph 4 (2), the words "Decision to grant an authorisation" shall be replaced by the words "Authorisation," after the words "partner," the words "details of the beneficiary, if different from the foreign contractual partner," and the words "provided for in the Government's regulation," shall be replaced by the words "if the international obligations of the Czech Republic or its foreign political or security interests so require."
26. in Paragraph 4 (3):
"(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. ';
27. in Article 5 (2), the words "free zones and free warehouses" shall be replaced by "free zones and free warehouses."
28. In Section 6, the words "or export 'are deleted, the words" or the police of the Czech Republic in the case of transport' are inserted after the words "declarant 'and the words" direct' are deleted.
29. in Paragraph 7 (1) (b), the words "the security interests of the Czech Republic" are replaced by the words "the international obligations of the Czech Republic or its foreign political or security interests."
30. the following Section 7a is inserted after Section 7, including the title:
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. ';
31. in Paragraph 8 (1) (c), the words "the security interests of the Czech Republic" are replaced by the words "the international obligations of the Czech Republic or its foreign political or security interests."
32. in Article 8 (2), the first sentence is deleted;
33. in Article 8 (3), the word "possible" shall be deleted;
34. The following Sections 8a to 8e are inserted after Section 8, including the headings and footnotes No 15:
"Export authorisation
(1) The Ministry shall decide on the granting of the export authorisation on the basis of an application submitted by the exporter. 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). A model application for an export permit shall be established by the Government by a regulation.
(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.
(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.
15) For example, Article 11 (1) (a) of Regulation (EU) 258 / 2012 of the European Parliament and of the Council. Article 2 (2) of Council Framework Decision 2002 / 548 / JHA of 13 June 2012 on the European arrest warrant and surrender procedures between Member States. ';
Article 35 (9) shall be deleted;
36. In Paragraph 10 (1), the words "and intended products' shall be inserted after the words" or export authorisations' and the words "and third 'shall be deleted, including footnote 10.
37. in Paragraph 10 (2):
"(2) During transport or import, specified products must be accompanied by the original of the authorisation provided for in the Specific Law (11) and during export. 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. The authorisation referred to in the first and second sentences shall be submitted to the customs authorities on request during the inspection. ';
38. In Article 10 (3), the words "or export permit 'shall be inserted after the words" original authorisation' and the words "these 'shall be inserted after the words" entry into'.
(39) In Article 10 (4), the words "or intended products" shall be inserted after the words "this Act"; the words "or directly applicable European Union provisions governing the trade in firearms and ammunition" shall be inserted after the words "with other products," shall be replaced by "with special"; the words "or export permit" shall be inserted after the words "Section 14 or 15"; the words "Section 11a to 11c and Section 14 to 16" shall be replaced by ";
40. In Article 11, the words "specified products' are replaced by the words" and imports of specified products and exports of specified products', the words "authorities' are replaced by the words" authorities', the words "and designated products' are replaced by the words" customs supervision 'and the words "regulations' are replaced by the words" regulations'.
41. The following Sections 11a to 11c are inserted after Section 11, including the title and footnote 16:
"Securing specified products and securing specified products
The customs office may arrange for specified products or intended products (hereinafter referred to as "collateral ') where it is reasonable to assume that the specified products or intended products have been used or intended to commit an administrative offence or have been obtained by administrative delicacy or have been acquired for another cause by an administrative delicacy obtained. The customs office of guarantee shall proceed in such a way that the rights of third parties are not limited to the extent necessary to fulfil the purpose of the security (16).
(1) The customs office shall issue a decision to ensure that the decision is taken. The appeal against this decision shall not have suspensory effect.
(2) The freezing decision shall state the reasons for the provision of the specified products or intended products and shall indicate that the guaranteed products or intended products may, as a rule, be sold in a public auction for payment of the amount due on the fine imposed if the fine is not paid. Where appropriate, the customs office may provide that the specified products or intended products are to be kept by the person who owns them or holds them; that person may not use, transfer or otherwise dispose of the specified products or products.
(3) The person to whom the freezing decision has been served shall be obliged to issue to the customs office the products for which the freezing decision has been made, unless the customs office has acted in accordance with the second sentence of paragraph 2; Where such products are not issued at the request of the customs office, the customs office may withdraw them to the person carrying them.
(4) An official record shall be drawn up of the issue or withdrawal of the products or products provided for, including a description of the products or intended products. The customs office of departure shall issue a certificate of issue or withdrawal to the person who has issued the specified products or to the designated products.
Where the established products or intended products for further proceedings are no longer necessary and are not considered to be forfeited or prevented by administrative proceedings or by the procedure provided for in Article 15c, they shall be returned to the person who was secured.
16) Article 17 (3) of Regulation (EU) No 258 / 2012 of the European Parliament and of the Council. '
42. In Article 12 (1), the words "and export authorisations' shall be inserted after the words" and the words "pursuant to Article 4 '.
43. In § 12 (2), the words "and § 8b (3)" shall be inserted after the words "pursuant to § 4."
44. Paragraph 13, including the title, reads:
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. ';
45. Sections 14 and 15, including the title, read:
"Administrative offences
(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) in contravention of Article 6, it shall not return the authorisation or return the export authorisation pursuant to Article 8b (5);
(d) in breach of Article 8 (2), shall not return the withdrawn authorisation or shall not return the withdrawn export authorisation pursuant to Article 8e (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 the obligation under Paragraph 10 (2);
(h) as the person who received the freezing decision, in breach of Paragraph 11b (3), shall not issue the specified products or intended products to the customs office; or
(i) in contravention of the directly applicable European Union provisions governing the trafficking of firearms and ammunition, it shall not provide a translation of all documents provided as evidence.
(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 where the offence referred to in paragraph 1 (c), (d), (g) and (i) is committed;
(c) 3 000 000 CZK if the offence referred to in paragraph 1 (h) is committed.
(1) A legal person or an undertaking natural person commits an administrative 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) in contravention of Article 6, it shall not return the authorisation or return the export authorisation pursuant to Article 8b (5);
(d) in breach of Article 8 (2), shall not return the withdrawn authorisation or shall not return the withdrawn export authorisation pursuant to Article 8e (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 the obligation under Paragraph 10 (2);
(h) as the person who received the freezing decision, in breach of Paragraph 11b (3), shall not issue the specified products or intended products to the customs office; or
(i) in contravention of the directly applicable European Union provisions governing the trafficking of firearms and ammunition, it shall not provide a translation of all documents provided as evidence.
(2) A fine shall be imposed for the administrative 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 where the offence referred to in paragraph 1 (c), (d), (g) and (i) is committed,
(c) 5 000 000 CZK if the offence referred to in paragraph 1 (h) is committed. "
46. After Paragraph 15, the following Sections 15a to 15c are inserted:
Falling of specified products or intended products
(1) The forfeiture of specified products or specified products may be imposed either separately or together with a fine where such products belong to the perpetrator of an administrative offence and those products were:
(a) to commit an administrative offence used or intended; or
(b) an administrative delicacy acquired or acquired by an administrative delicacy.
(2) The forfeiture of specified products or specified products may not be imposed if the value of such products is clearly disproportionate to the nature of the administrative offence.
(3) The owner of the products or intended products forfeited becomes the State.
Preventing specified products or intended products
(1
(a) belong to the perpetrator of an administrative offence which cannot be punished for an administrative offence; or
(b) it does not belong to the perpetrator of the administrative offence or it does not belong to him entirely.
(2) It shall not be possible to decide to prevent the specified products or intended products if their value is in a conspicuous proportion to the nature of the administrative offence or if 6 years have elapsed since acts having the characteristics of the administrative offence.
(3) The owner of the products or intended products which have been seized becomes the State.
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. Where such 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 penalised or prevented from being controlled by the specified products or products. ';
47.Paragraph 16 (2) reads as follows:
"(2) In determining the amount of the fine to a legal person, account shall be taken of the seriousness of the administrative offence, in particular the manner in which it was committed and the consequences thereof and the circumstances in which it was committed. ';
48. in Paragraph 16 (6):
"(6) The fine imposed is the income of the state budget of the Czech Republic."
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Regulation Information
| Citation | Act No. 281 / 2013 Coll., amending 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, as amended, and on the amendment of certain other laws |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 12.09.2013 |
|---|---|
| Effective from | 30.09.2013 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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