Act No. 288 / 2009 Coll.
Act amending Act No. 185 / 2004 Coll., on the Customs Administration of the Czech Republic, as amended
Valid
Law
Effective from 01.10.2009
Text versions:
01.10.2009
04.09.2009
288
THE LAW
of 22 July 2009
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 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. and Act No. 136 / 2008 Coll., is amended as follows:
1. in Article 2 (f), the word "Regulation 9" is replaced by "Regulation 9";
2. in § 2, the following points (g) to (i) are added:
"(g) by a law enforcement authority of the police, customs or other authority of a Member State which is entitled to prevent, detect and investigate and take action against crime, or Europol and Eurojust,
(h) operationally seeking activities of a law enforcement authority, prior to the initiation of a criminal prosecution in which the law enforcement authority is entitled to collect, process and analyse information on criminal offences or criminal activities in order to determine whether or not specific offences have been committed;
(i) operational information shall be used in the framework of operational search. ';
3. in Article 3 (5), the following point (f) is inserted after point (e), including footnote 21a:
"(f) shall act as a central office for the exchange of information between Member States and between Member States and the Commission of the European Communities in the procedure for the issue of a single authorisation or integrated authority21a);
(1a) Article 253i and 253m of Commission Regulation (EEC) No 2454 / 93 laying down provisions for the implementation of Council Regulation (EEC) No 2913 / 92 establishing the Community Customs Code, as amended. ';
Point (f) shall be renumbered as point (g).
4. In Article 5b (3), the words "from this law or 'shall be inserted after the word" resulting'.
5. The following Sections 5f to 5j are inserted after Section 5e, including the headings:
Exchange of information with Member States of the European Union in the framework of police cooperation
(1) Upon request, the authorised customs authority may provide the necessary operational information to the law enforcement authority in the framework of an operational search.
(2) With the exception of Europol and Eurojust, operational information may be transmitted only to the law enforcement authority referred to in the Member State declaration deposited with the General Secretariat of the Council of the European Union.
(3) Operational information obtained from another Member State or from a third country may be provided only with the consent of the State which provided it.
(4) The authorised customs authority may, within its scope, provide the necessary operational information: 12) to require the law enforcement authority if there is a reasonable presumption that such information is available to that authority. The model of the request for operational information is set out in Annex 5 to this Act.
Time limits for processing the application
(1) In the absence of serious reasons, the authorised customs authority shall provide the requested operational information to the law enforcement authority before:
(a) 14 days from the date of receipt of the application; or
(b) if this information is in the database directly available to the authorised customs authority and relates to offences referred to in Article 412 of the Code of Criminal Procedure, to:
1. 7 days from the date of receipt of the application; or
2. 8 hours after receipt of the request in urgent cases.
(2) If the requested operational information cannot be provided within the time limits laid down in paragraph 1, the authorised customs authority shall immediately inform the enforcement authority of the reasons for which it is not possible to do so. Where the provision of operational information is associated with a disproportionate burden, the authorised customs authority may extend the period provided for in paragraph 1 (b) (2). The extension shall not exceed 3 days from the date of receipt of the request and the enforcement authority shall be informed of the extension without delay.
(3) The model of the form by which the authorised customs authority shall communicate to the enforcement authority the required operational information or the reasons for which operational information cannot be provided within the prescribed time limit is set out in Annex 6 to this Act.
Spontaneous exchange of information
Operational information relating to selected offences shall be provided by the authorised customs authority without delay to the law enforcement authority, even if there is a reasonable assumption that such information may be used to prevent, detect, investigate or take action against crime.
Use of operational information
(1) The operational information received may be used by the authorised customs authority solely to carry out an operational search activity or to prevent an immediate and serious threat to public security. For other purposes, prior consent of the donor Member State is required; consent may be given at the time of transmission of the operational information.
(2) Where specific legislation so provides, conditions may be laid down for the provision of operational information to the law enforcement authority for the use of such information or for the notification of the results of the operational search activity in which the information was exchanged.
(3) Paragraph 2 shall not apply where:
(a) the operational information is used by the authority which is responsible for the supervision of the law of the Member State in which the law of the law enforcement authority is situated;
(b) the use of operational information has been consulted in advance by the authorised customs authority; and
(c) the use of operational information shall not jeopardise the interests of the Czech Republic.
(4) The authorised customs authority may, where justified, require a communication from the enforcement authority as to how the operational information transmitted by the enforcement authority has been used or further processed.
(5) Operational information received by the authorised customs authority may not be disclosed if the enforcement authority so requests or provides for specific legislation.
Failure to provide operational information
(1) The authorised customs authority shall not provide the law enforcement authority with operational information where it can reasonably be assumed that:
(a) has damaged the essential security interests of the Czech Republic;
(b) jeopardise the success of the operational search, investigation or safety of persons; or
(c) is clearly disproportionate or irrelevant in the light of the purpose for which the application was submitted.
(2) The provision of operational information to the law enforcement authority may be refused by the authorised customs authority if the application concerns a criminal offence for which a custodial sentence with a maximum criminal rate of up to 1 year may be imposed under Czech law.
(3) The authorised customs authority shall communicate to the law enforcement authority, using the form set out in Annex 6, the reasons for refusing to provide operational information within the time limits set out in Section 5g.
(4) Where the provision of operational information is subject to the consent or authorisation of a prosecutor or judge, the authorised customs authority shall provide the law enforcement authority with the operational information only after such consent has been given. ';
6. The following Annexes 5 and 6 are added:
"Annex 5 to Act No. 185 / 2004 Coll.
Příloha č. 6
Annex 6 to Act No. 185 / 2004 Coll.
"
Efficacy
That law shall take effect on the first day of the calendar month following its publication.
z.
Klaus v. r.
Fischer v. r.
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Regulation Information
| Citation | Act No. 288 / 2009 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 | 04.09.2009 |
|---|---|
| Effective from | 01.10.2009 |
| Effective until | - |
| Status | Valid |
Legal Areas:
Customs law
Finance
The regulation text is for informational purposes only.
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