Decree No. 285 / 2013 Coll.
Ordinance on the scope and manner of transmission of information to central registers by economic operators and public administrations in the field of the marketing of timber and timber products
Valid
Order
Effective from 01.10.2013
Text versions:
01.10.2013
17.09.2013
285
DECLARATION
of 10 September 2013
on the scope and manner of transmission of information to central registers by economic operators and public administrations in the field of the marketing of timber and timber products
The Ministry of Agriculture provides, pursuant to § 3 (3) of Act No. 226 / 2013 Coll., on the Marketing of Wood and Wood Products ("the Act '):
Scope of information transmitted by economic operators to the central register
The operator (1), which has an obligation to keep forest economic records on the fulfilment of the mandatory provisions of the plan and on the renewal of the forest under the Forest Act (2), shall transmit to the central register the information for the previous calendar year to the extent specified in the Annex to this Decree.
Scope of the information transmitted by the authorities in the field of the marketing of timber and timber products in the central register
(1) The authorities in the field of the marketing of timber and timber products shall transmit to the central register the information referred to in Article 3 (1) (f) of the Act to the following extent:
(a) identification details of the economic operators, the name and surname, the place of stay and, where applicable, the place of business, the firm, or the name and address of the addressee;
(b) the identification of forestry operators, namely the name, code, area, economic operator, who has rights and obligations of the owner to the forestry unit in question (3);
(c) identification details of control organisations, name, address, identification number assigned by the European Commission;
(d) information on the breach of obligations laid down directly by the European Union4) and on the imposition of corrective action to remedy this situation; and
(e) information on the results of the due diligence checks carried out (5).
(2) The authorities in the field of the marketing of timber and timber products shall transmit to the central register the information referred to in Article 3 (1) (c) of the Act to the following extent:
(a) data on the maximum total amount of extractions as a binding provision of the forestry economic plan; and
(b) information on compliance with the maximum total amount of mining for individual forest owners marketing wood or timber products from domestic forest production.
Means of transmission of information to the central register by economic operators
The economic operator shall transmit the information referred to in Article 1 with the aggregated forest account2) to the public authorities of the lesse6), which shall transmit it to the central register by the end of April of the calendar year.
Method of transmitting information to the central register by the authorities in the field of the marketing of timber and timber products
(1) The Regional Authority and the inspections shall transmit the information referred to in Article 2 (1) (d) to the central register no later than 30 days after the decision on infringement of the obligation directly applicable to the European Union4 has become final.
(2) The Regional Authority shall transmit the information referred to in Article 2 (1) (e) to the central register no later than 30 days after the end of this inspection.
(3) The Regional Authority shall transmit the information referred to in Article 2 (2) (a) to the central register no later than 30 days after the approval of the forestry plan.
(4) Other information referred to in Article 2 shall be transmitted by the authorities in the field of the marketing of timber and timber products to the central register on request of the authorised person within 30 days of the receipt of the request.
(5) The information provided for in Article 2 is transmitted by the authorities in the field of the marketing of timber and timber products to the central register in electronic form and format via the Ministry's website.
Transitional provision
The operator shall forward the information for the period from the date of application of this Order to the State Administration of the Forestry Authority by 31 March 2014.
Efficacy
This Decree shall take effect on 1 October 2013.
Minister:
Ing. Toman, CSc., v. r.
Annex to Decree No 285 / 2013 Coll.
Scope of information registered by economic operators and transmitted to the central register
I. Scope of information on forest economic records transmitted to the central register
1. Identifying information
1.1. Name (s) and surname (s) of forest owner (s)
1.2. Identification number and date of birth, if any
1.3. Address of permanent residence or registered office of operator
1.4. Name of forest economic unit
1.5 Code of forest economic unit
1.6 Name of property (only in the case of forest economic curriculum)
1.7 Property code (only in the case of forest economic curriculum)
1.8 Extent of forest property (ha)
1.9 Year of recognition of forest economic records
2. Mining of wood pursuant to § 2 (l) to (o) of Act No. 289 / 1995 Coll.
2.1. Intentional production (m3 bk)
2.2 Random production (m3 bk)
2.3 Exceptional mining (m3 bk)
2.4 Total mining amount (m3 bk)
The total amount of extractions is the sum of the extractions of intentional, random and extraordinary.
Note: Information may be provided either electronically or in paper form. Where the economic operator transmits the information in electronic form, the submission shall be accompanied by an electronic signature of the economic entity.
II. The forest owner shall record for each crop or crop group or ethage:
| 1. Evidované údaje: | jednotky*: |
| Druh provedené těžby: | kód podle části 2. |
| Datum provedení těžby: | rok |
| Objem provedené těžby podle jednotlivých dřevin: | m3 bk (bk ... bez kůry) |
* The area is recorded in hectares (ha) with precision to the hundredths. The volume shall be recorded in m3 without bark (m3 bk), rounded down to the integer.
2. Type of mining:
| KÓD | POPIS |
| 1 | Úmyslná |
| 2 | Nahodilá |
| 3 | Mimořádná |
III. Information publicly available to operators in the central register
A. Information to reduce the risk of the placing on the market of illegally harvested timber, including information on bodies in breach of the obligations referred to in the EP and Council (EU) No 995 / 2010.
1. Under Paragraph 2 (1) (a) of this Order
1.1. Name and / or surname or name of entity
1.2. Identification number or date of birth of the body referred to in point 1.1 (this information is published only in exceptional cases for protection against the placing on the market of illegally harvested timber and products from such wood).
2. Under Paragraph 2 (1) (b) of this Order
2.1. Name
2.2. Code
2.3. An economic operator having the rights and obligations of the owner with the data referred to in point 1 in respect of the forestry unit in question
3. Under Paragraph 2 (1) (d) of this Order
3.1. Information on the infringement under the directly applicable Regulation (EU) No 995 / 2010 of the European Parliament and of the Council in order to protect against the placing on the market of illegally harvested timber and timber products.
B. Information related to due diligence
1. Under § 2 (1) (e) of this Order
1.1. Information on the results of due diligence checks (including the most frequent deficiencies in the establishment and management of the due diligence system).
C. Methodological assistance to ensure and operate the due diligence system by control organisations.
1. Under Paragraph 2 (1) (c) of this Order
1.1. Identification details of the control organisation
1.2. Name
1.3. Address of permanent residence or registered office of operator
1.4. Identification number assigned by the European Commission.
Other information in the central register shall be kept publicly unavailable and shall be accessible only to the public authorities in the field of the marketing of timber and timber products with secure access.
1) Article 2 (c) of Regulation (EU) No 995 / 2010 of the European Parliament and of the Council.
2) § 40 of Act No. 289 / 1995 Coll., on Forests and on the amendment and addition of certain laws (Forest Act).
3) Paragraph 58 (1) of Act No. 289 / 1995 Coll., as amended by Act No. 186 / 2006 Coll. and Act No. 222 / 2006 Coll.
(4) Regulation (EU) No 995 / 2010 of the European Parliament and of the Council of 20 October 2010 laying down the obligations of operators marketing timber and timber products.
5) Article 6 (1) of Regulation (EU) No 995 / 2010 of the European Parliament and of the Council.
6) Paragraph 48 (2) (h) of Act No. 289 / 1995 Coll., as amended by Act No. 186 / 2006 Coll.
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Regulation Information
| Citation | Decree No. 285 / 2013 Coll., on the scope and manner of transmission of information to central registers by economic operators and public administrations in the field of the marketing of timber and timber products |
|---|---|
| Regulation Type | Order |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 17.09.2013 |
|---|---|
| Effective from | 01.10.2013 |
| Effective until | - |
| Status | Valid |
Legal Areas:
Forests, Forestry
Administrative law
The regulation text is for informational purposes only.
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