Act No. 346 / 2009 Coll.
Act amending Act No. 100 / 2004 Coll., on the Protection of Species of Wild Fauna and Flora by Regulating Trade in and Other Measures for the Protection of These Species, and amending certain Acts (Act on Trade in Endangered Species), as amended, Act No. 634 / 2004 Coll., on Administrative Charges, as amended, Act No. 200 / 1990 Coll., on Transfers, as amended, and Act No. 388 / 1991 Coll., on the State Environmental Fund of the Czech Republic, as amended
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346
THE LAW
of 9 September 2009
amending Act No. 100 / 2004 Coll., on the Protection of Species of Wild Fauna and Flora by regulating trade therein and other measures to protect those species and amending certain laws (Act on Trade in Endangered Species), as amended, Act No. 634 / 2004 Coll., on Administrative Charges, as amended, Act No. 200 / 1990 Coll., on Infringements, as amended, and Act No. 388 / 1991 Coll., on the State Environmental Fund of the Czech Republic, as amended
Parliament has decided on this law of the Czech Republic:
Amendment of the Endangered Species Trading Act
Act No. 100 / 2004 Coll., on the protection of species of wild fauna and flora by regulating trade in them and other measures to protect those species and amending certain laws (Act on Trade in Endangered Species), as amended by Act No. 444 / 2005 Coll. and Act No. 227 / 2009 Coll., is amended as follows:
1. in footnote 2, "No 1808 / 2001 'is replaced by" No 865 / 2006';
2. In Article 1 (2) (b), the words "No 1 'shall be inserted after the words" in the Annex'.
3. In Article 2 (c), the words "or extinction (the species at risk of extinction) 'are inserted after the word" extinction'.
4. In Article 2 (f), the words "and the allocation of a customs-approved destination other than the transit procedure 'are replaced by the words" from the time of entry into the territory of the European Community, except for the transit procedure'.
5. In Article 2 (g), the words "and the allocation of a customs-approved destination other than the transit procedure. 'are replaced by the words" except for the transit procedure';
6. in Section 2, the following points (h) and (i) are added:
"(h) by another individual, an individual of a specially protected species of an animal or plant (4) which is not a specimen and which is defined by an implementing act pursuant to Article 1 (2) (c);
(i) export from the Czech Republic of a specimen, other individual, regulated fur or seal product from the European Community, excluding transit, and transport of an specimen, other individual, regulated fur or seal product from the Czech Republic to another Member State of the European Communities. "
7. The heading of Title II shall read as follows: "GENERAL CONDITIONS AND OBLIGATIONS OF REQUESTS FOR IMPORTS, EXPORT, RECURRENCE EXPORTS, TRANSMISSION OF EXEMPLOYERS AND OTHER PROCESSING WITH THEM."
8. Paragraph 3, including the title and footnotes No 9, 9a, 10, 11 and 11a, reads as follows:
"General conditions
(1) The procedure for importing, exporting, re-exporting and other means of regulating the handling of specimens is governed by the directly applicable provisions of the European Communities in the field of trade in endangered species (hereinafter referred to as the "Regulation on trade in endangered species") 9.
(2) An application for authorisation or certificate for the purpose of the import, export or re-export of a specimen in accordance with the Regulation in the field of trade in endangered species (9), or the certificate needed for the movement of a live specimen of an animal species directly threatened by extinction, with the exception of the plant health certificates referred to in Article 17 (1), shall be submitted by the legal person or natural person intending to import, export, re-export or relocate the specimen (the applicant), to the Ministry of the Environment (the Ministry), using the form provided for in the Regulations on trade in endangered species (9). Where a live specimen of the primate order (Primates spp.) is the subject of an application, the applicant shall demonstrate that he has fulfilled the conditions for trade in primates laid down by other legislation9a.
(3) An application for an exemption from the prohibition of commercial activities relating to specimens under the Endangered Species Regulation (10) shall be submitted to the competent regional authority on the basis of the form provided for in the Endangered Species Regulations (9), with the exception of the travelling exhibition certificate and sample file certificate (11), which are, at the same time, an exception to the prohibition of commercial activities for exclusive public exposition purposes. Where a live specimen of the primate order (Primates spp.) is the subject of an application, the applicant shall demonstrate that he has fulfilled the conditions for trade in primates laid down by other legislation9a.
(4) The applicant shall complete the application referred to in paragraph 2 or 3 and provide supporting evidence of the relevant data required by the Regulations in the field of trade in endangered species (9).
(5) An application for the issue of a travelling exhibition certificate, a sample collection certificate or a personal ownership certificate or, where appropriate, an additional permit or certificate under the Endangered Species Regulation (9) shall be submitted to the competent administrative authority using the form established by the Endangered Species Regulation (9).
(6) Further details on applications referred to in paragraphs 2, 3 or 5 shall be provided with proof of payment of the administrative fee, provided that such a fee is provided for by other legislation11a).
(7) Applications referred to in paragraph 2 or 5 shall be accompanied by a completed registration card. The registration card form shall be established by the Ministry by implementing legislation.
(8) The Ministry shall keep records of applicants in accordance with paragraphs 2 and 5 and the regional authorities shall keep records of applicants in accordance with paragraph 3.
(9) The procedure for completing the application, the management and the content of the registration of applicants, the submission of applications and the handling of the documents referred to in paragraphs 1 to 8 shall be laid down by the Ministry by implementing legislation.
9) Council Regulation (EC) No 338 / 97. Commission Regulation (EC) No 865 / 2006 of 4 May 2006 laying down detailed rules for the application of Council Regulation (EC) No 338 / 97 on the protection of species of wild fauna and flora by regulating trade in those species.
9a) For example, Act No. 166 / 1999 Coll., on Veterinary Care and the amendment of related laws (Veterinary Act), as amended, § 46 of Decree No. 382 / 2003 Coll., on animal health requirements for trade in animals and on animal health conditions for their importation from third countries.
10) Article 8 of Council Regulation (EC) No 338 / 97.
11) Chapter VII and VIIIa of Commission Regulation (EC) No 865 / 2006.
11a) Act No. 634 / 2004 Coll., on Administrative Charges, as amended. '
9. The following Section 3a is inserted after Section 3, including footnote 11b:
(1) Imports, exports, re-exports and transit of specimens may take place only via designated customs offices (11b).
(2) The Ministry may provide in the import authorisation decision that an importer importing a live specimen of an animal species shall be required to notify the Czech Environmental Inspection Office ("inspection") at least 24 hours in advance of the time of import and the customs office designated to place the consignment under the appropriate customs procedure or the allocation of the relevant customs-approved destination.
(3) If the importer does not accompany the imported specimen, the obligation referred to in paragraph 2 shall pass on to the carrier of the specimens or another accompanying person and the importer shall inform those persons of the related obligations.
11b) Article 12 of Council Regulation (EC) No 338 / 97. '
10. in Paragraph 8 (2) (g), including footnote 17:
'( g) for the export of a specimen born and bred in captivity or artificially propagated (17), a brief description of the breeding or culture from which the origin of the breeding or culture and of the filial generation obtained in human care will be evident.
17) Chapter XIII of Commission Regulation (EC) No 865 / 2006. '
11. in Article 11 (2) (f):
"(f) for exports of a specimen born and bred in captivity or artificially propagated (17), a brief description of the breeding or culture from which the origin of the breeding or culture and of the filial generation achieved in human care will be apparent.";
12. in Article 14 (2), point (c) is replaced by the dot and point (d) is deleted;
13. The following Sections 15a to 15c are inserted after Section 15, including the headings and footnotes No 20a to 20d:
Exemption from the prohibition on commercial activities
(1) An applicant for exemption from the prohibition of commercial activity 20b may be only the owner of the specimen, or a legal or natural person who holds the specimen on the basis of a long-term foreign loan for more than 90 days, or the person who legally holds the specimen if the specimen does not have the owner or the owner is not known (the "long-term holder"). The applicant shall submit an application for exemption from the prohibition of commercial activities to the competent regional authority pursuant to Article 3 (3) and (4).
(2) The application referred to in paragraph 1 shall be accompanied by:
(a) documents of the origin of the specimen required by regulations in the field of trafficking in endangered species (9) and by this law;
(b) for a compulsory registered specimen, a registration document (Section 23), unless the first registration of the specimen is simultaneously requested;
(c) for a specimen which is an individual of a specially protected species or a bird of a species living freely in the European territory of the Member States of the European Communities, proof of the authorisation of the holding, holding in captivity or cultivation of such a specimen under another legislation 20a).
(3) A certificate of exemption from the prohibition of commercial activity (20b) and a certificate of transfer (20c) may be issued by the Regional Authority after consultation with the Ministry for the same living specimen on a single form.
(4) The methods of completing the application form for an exemption from the prohibition of commercial activities shall be laid down by the Ministry by implementing legislation.
Certificate of travelling exhibition and sample collection
(1) An application for a travelling exhibition certificate or sample file certificate (11) is submitted by the applicant to the Ministry pursuant to § 3 (5) and (7). The application shall be accompanied by the corresponding particulars and documents referred to in Articles 4 (2), 6 (2), 8 (2) (a) to (d), (f) and (g) and 11 (2) and, mutatis mutandis, by Article 15a (2).
(2) The applicant for a travelling exhibition certificate or sample collection certificate, which is to be the exception to the prohibition of commercial activities for the exclusive purpose of public display, shall submit to the Ministry a previously issued exemption certificate from the prohibition of commercial activities if it has been granted and is in force; in the case of the issue of a travelling exhibition certificate or sample collection certificate, this earlier certificate is no longer valid and the applicant is obliged to submit it to the Ministry, unless otherwise provided for in the Regulation on trade in endangered species (11).
(3) The Ministry shall issue a travelling exhibition certificate or sample collection certificate only if the applicant has complied with the conditions required by the Regulations in the field of trade in endangered species (9).
(4) The Ministry shall keep a register of specimens on which a travelling construction certificate has been issued (11), indicating their holders.
Other types of certificates
(1) When issuing personal ownership certificates for specimens of 20d) or other certificates covered by regulations in the field of trade in endangered species (9), they shall be treated in accordance with these Regulations and, mutatis mutandis, in accordance with Sections 4, 6, 8, 11 and 14.
(2) The Ministry shall keep a register of specimens on which a certificate of personal ownership has been issued 20d, indicating their holders.
(3) The method of completing the application forms for a specimen's personal ownership certificate, for a sample collection certificate, for a travelling exhibition certificate, for a permit or certificate for import, export and re-export purposes, or for a certificate needed to transfer a live specimen of an animal species directly threatened by extinction shall be laid down by the Ministry by implementing legislation.
20a) Sections 56 and 5b of Act No. 114 / 1992 Coll., on Nature and Landscape Protection, as amended by Act No. 16 / 1991 Coll. and Act No. 218 / 2004 Coll.
20b) Article 8 (3) of Council Regulation (EC) No 338 / 97.
(c) Article 9 (2) of Council Regulation (EC) No 338 / 97.
20d) Chapter VIII of Commission Regulation (EC) No 865 / 2006. '
14. The following Sections 16a and 16b are inserted after Section 16, including the headings and footnotes No 22a to 22d:
Registration of simplified procedures for trade in biological samples
(1) The Ministry shall keep a register of persons who may benefit from simplified procedures under the Regulation in the field of trade in endangered species 22a) and a register of species whose samples may be traded in such a way. This register shall be reviewed and updated by the Ministry every 5 years.
(2) The application for registration for simplified procedures for trade in biological samples under the Regulation on trade in endangered species 22a) is sent to the Ministry. The applicant shall complete the application for a permit or certificate for the purpose of importing, exporting or re-exporting the specimen and the registration card and shall also accompany the application:
(a) the list of species of biological samples which are the subject of the application;
(b) a written justification that the expected trade in biological samples will have no or only minor impact on the conservation of the species concerned;
(c) an estimate of the estimated need for partially completed permits and certificates.
Licences for processors and caviar packers
(1) Licences for the processing, packaging or repackaging of sturgeon fish caviar (Acipenseriformes spp.) (hereinafter referred to as caviar) in the Czech Republic may be granted by the Ministry, in accordance with the Regulation on trade in endangered species (22b), to a natural or legal person at its request. The licence shall be granted for an indefinite period. The licence shall not replace the authorisation, approval (22c), consent or expression required for the processing, packaging or repackaging of caviar under other legislation.
(2) The Ministry will, upon request, approve the method of marking caviar containers for use by caviar packagings if the marking is in accordance with the Regulation in the field of trade in endangered drugs22d) and assign the register code of the processor or caviar packagings.
(3) The Ministry may decide to withdraw the licence granted under paragraph 1 if the processor or caviar packer infringes the obligations laid down in the Regulations on the trading of endangered species (9). A new licence may not be granted until two years after the legal power of the decision to withdraw the licence. The licence shall not be transferred to the legal successor of the processor or caviar packer. The Ministry shall keep an overview of the processors and caviar packers licensed.
(4) The processor or caviar packer shall report promptly to the Ministry the changes applicable to the use of the licence.
(5) Licence applications for processors and caviar packers and approval of the method of marking caviar containers shall be submitted to the Ministry. The licence application, in addition to the requirements of the Regulation in the field of trade in endangered species (9) contains:
(a) information on the envisaged way of obtaining, processing and storing caviar;
(b) the justification for the request under the Endangered Species Trading Regulation (9);
(c) a detailed description of the packaging methods for caviar used by the caviar packing centre, a description and samples of used or proposed disposable labels on the initial caviar containers;
(d) the applicant's written consent that the Ministry will provide information on the licensed caviar packing centre to the European Commission and the Secretariat of the Convention (1), to the extent provided for by the Regulations in the field of trade in endangered species (9).
(6) The Ministry's licence decision for caviar packagings serves only for the purpose of trade in caviar under the Endangered Species Regulation (10) and does not replace compliance with other legal requirements.
(7) The processor or caviar packer shall keep records of the handling of caviar and identify caviar containers.
(8) The Ministry shall, by means of implementing legislation, lay down the licence application form for the processing, packaging or repackaging of caviar, the content and manner of keeping records of the handling of caviar, the method of marking caviar containers and the method of allocating the caviar packing code.
22a) Article 18 of Commission Regulation (EC) No 865 / 2006.
22b) Article 66 (7) of Commission Regulation (EC) No 865 / 2006.
22c) § 22 of Act No. 166 / 1999 Coll., on Veterinary Care and on the amendment of certain related laws (Veterinary Act).
(22d) Articles 64 (2) and 66 (6) of Commission Regulation (EC) No 865 / 2006. '
15. in Articles 17 (1), 33 (2), 37 (2) and 40 (2), the word "special" is replaced by "other."
16. in Paragraph 18 (1):
"(1) Exports of another individual from the Czech Republic can be carried out only on permission of the Ministry. The model of the application for authorisation to export another individual from the Czech Republic shall be laid down by the Ministry by implementing legislation. '.
17. in Article 18 (3) (b) and (c), the words "special" are replaced by the words "with another."
18.Paragraph 21 (1) reads as follows:
"(1) The decision authorising the import, export and re-export of the specimen shall also include the completed and validated form of the relevant permit or certificate under the Regulation in the field of trade in endangered species (26) (hereinafter referred to as the CITES document). A certificate issued under the Regulation in the field of trade in endangered species (20) shall form part of the authorisation required for the movement of a specimen of a species directly endangered by extinction. The CITES document shall also be the import notification submitted to the customs authority under the Endangered Species Trade Regulation (27) and the phytosanitary certificate issued under § 17 or other permit or certificate under the Endangered Species Regulation (9). Furthermore, the CITES document shall be a copy of such document issued by the Ministry at the same time as the original CITES document (hereinafter referred to as" a copy of the CITES document ") and a certified copy of the CITES document issued by the Regional Office. ';
19. in Article 21 (3), the second sentence is deleted;
20. in Article 22 (1) and (2):
"(1) Import authorisation or document issued in the State of export for export or re-export of the specimen to the Czech Republic pursuant to the Convention (1), or CITES document replacing it, which was not withdrawn on importation by the customs authorities and should have been withdrawn under the Regulation in the field of trade in endangered species (2), must be submitted to the Ministry no later than 15 days after importation, together with a written justification as to why the documents had not been presented to the customs authorities.
(2) For the purpose of demonstrating the legal origin of a specimen imported under the Regulation in the field of trade in endangered species (9), the importer shall serve a copy of the CITES document which has been endorsed by the customs authority on importation of the specimen or a certified copy of the CITES document issued by the Regional Office. ';
21.
"Registration of certain specimens and exemption from the prohibition of commercial activities with specimens
(1) The owner or long-term holder of the specimen is required to register the specimen if:
(a) a specimen of a species directly threatened by extinction subject to a prohibition of commercial activity (10), with the exception of:
1. species of wild fauna and flora occurring naturally in the Czech Republic, including species specially protected under the legislation on nature conservation and landscape 31a); and
2. specimens of species for which the implementing legislation may provide that they are not subject to registration,
(b) specimens of species other than species directly threatened by extinction listed in Annex 2 to this Law.
(2) The registration requirement does not apply to a specimen of the owner or long-term holder with his registered office or permanent residence outside the territory of the Czech Republic, provided that the specimen is imported temporarily into the Czech Republic in accordance with this Act for a period of less than 90 days from import. For a specimen of the owner or long-term holder having his registered office or permanent residence in a Member State of the European Communities, the specimen shall be accompanied by the appropriate authorisation or certificate issued by the management authority of the Member State of the European Communities in which the owner or the long-term holder has his registered office or residence. The period of temporary stay without registration is in this case 12 months from the arrival of the specimen in the Czech Republic.
(3) The registration document of the specimen shall be that issued by the competent regional authority (hereinafter referred to as the "registration office '). The registration sheet is valid for the territory of the Czech Republic. A separate registration sheet shall be issued for each specimen subject to registration. At the same time, the Registration Office shall deposit a copy of the registration form. The registration certificate is not an official certificate of the legal origin of the specimen. The owner or long-term holder of the specimen shall ensure that the specimen is always accompanied by his or her registration form or other documents as referred to in paragraphs 4 and 8; this shall also apply to the transfer of the specimen to the new owner. The form of the registration form for the specimen shall be laid down by the Ministry by implementing legislation.
(4) Where a decision to grant an exemption from the prohibition of commercial activities provided for in Article 15a is taken on a previously unregistered specimen, the specimen which must be registered and has not yet been subject to such a procedure shall also be registered and issued to the owner or long-term holder of the registration certificate. Where the registration authority issues an exemption certificate from the prohibition of commercial activities for a registered specimen, it shall immediately, after issuing an exemption certificate, enter the number of that certificate in the registration certificate belonging to the same specimen and indicate in the certificate the number of the relevant registration certificate. This procedure shall apply mutatis mutandis to other certificates. A person living outside the Czech Republic is required to have the necessary certificates in accordance with the Regulation in the field of trafficking in endangered species when staying in the Czech Republic, if a specimen is present. The exemption certificate from the prohibition on sales (20b), unless otherwise provided for in the Regulation on trade in endangered species (9), shall also be transmitted with a specimen of its new owner or long-term holder.
(5) The owner or long-term holder of a specimen subject to registration shall request the registration authority to issue a registration document within 30 days of the acquisition of the specimen or from the expiry of the period referred to in paragraph 2 or from the date of application of the legislation in which the species to which the specimen belongs was included in the species subject to registration. The owner or the long-term holder who is obliged to apply for a registration document shall not transfer the specimen to another person before the registration office issues the document. In the application for a registration document, the applicant shall indicate the information proving his identity and submit all documents relating to the specimen at his disposal.
(6) In the event of the birth or hatching of own-bred pups for which the owner or the long-term holder records in the breeding records referred to in Article 24 (7), the period for the registration of the specimen referred to in paragraph 5 shall be extended by the period for which the owner or the long-term holder shall retain the pups, namely:
(a) in mammal pups during breast-feeding, but not more than 6 months old,
(b) in the case of eggs and young birds or reptiles, for as long as they remain on the nest or in the care of their parents, but no longer than 3 months of age,
(c) in the case of eggs, eggs, germ stages and pups other than those referred to in (a) or (b), no more than 3 months of age of the cub since hatching or, in the case of development through germ stages, within 15 days of reaching the last stage of development.
(7) The Registration Office which has carried out the registration of a specimen which, under other legislation30) is one of the animal species requiring special care shall notify the local competent animal protection authority without undue delay (31).
(8) The obligation to register shall not apply to specimens seized if they remain State property. In the case of a long-term loan of more than 90 days, the lease, sale or other transfer of a confiscated specimen which is the property of the State, the Ministry shall issue a certificate of origin of the seized specimen on the form provided for in the implementing legislation, the new acquirer having the same obligations as the owner for the specimen.
(9) The Ministry shall determine how the registration certificate is to be completed by means of implementing legislation.
31a) Act No. 114 / 1992 Coll., on Nature and Landscape Conservation, as amended. Decree No. 395 / 1992 Coll., implementing certain provisions of the Act on Nature and Landscape Conservation, as amended. '
22. footnote 29 is deleted.
23. The following Section 23a to 23d is inserted after Section 23, including the headings and footnote 32a:
(1) The information in the registration sheet must be consistent with the actual status of the specimen and it must be clear that they belong to each other.
(2) The owner or long-term holder of the specimen is required to report to the Registration Office changes concerning the registered specimen, which are the deaths, loss, borrowing, rental, transfer of ownership to the specimen, additional identification of the specimen or permanent export from the Czech Republic, within 30 days of the date on which the change occurred or the owner or the long-term holder became aware of it; in the case of borrowing, renting and additional marking of the specimen, it shall be required to submit a registration sheet to indicate the changes within the same period.
(3) In the event of death or loss of the specimen, the owner or the long-term holder shall submit the registration document to the registration office within 30 days of the date on which the specimen was killed or lost. The owner or the long-term holder shall be obliged to surrender the registration form within the same period in the case of permanent export of specimens from the Czech Republic; in the case of permanent transport of a specimen from the Czech Republic to another Member State, the owner shall hand over the registration form to the competent registration office, in the case of permanent export of the specimen to the Ministry.
(4) The owner or the long-term holder shall report changes to the specimen relevant for its identification, unless the specimen is individually and unmistakably identified in accordance with the requirements of the Regulation in the field of trade in endangered species (9).
(5) In the event of a change of owner or long-term holder, the new owner or the long-term holder of the acquisition of the specimen shall notify the competent registration office within 30 days of the date of the acquisition of the specimen; in that case, no new document shall be issued, but the relevant amendment shall be recorded in the existing registration document, unless otherwise provided for in this law. The registration office shall also record the changes in a copy of the registration sheet which it shall retain. The new owner or long-term holder shall not transfer the specimen to another person before the competent registration office has recorded this fact on the registration sheet following the receipt of the specimen.
(6) The method of making changes to the registration of specimens subject to labelling obligations shall be laid down by the Ministry by implementing legislation.
(1) Those who sell or offer for sale a specimen subject to registration or to a specimen subject to a prohibition on commercial activities under the Regulation in the field of trade in endangered geners10) are required to provide it with a written warning "CITES - compulsory documents" and to carry out the sale only with the relevant registration certificate and, in the case of a specimen subject to a prohibition on sale, also with an exemption certificate from this prohibition 20b) or a replacement certificate (hereinafter referred to as "compulsory documents linked to the transfer").
(2) In addition, those who sell or offer for sale the specimen referred to in paragraph 1 are required to inform the buyer or the buyer of the purchase of the obligation to register the specimen under this law and the prohibition of commercial activities with specimens (10). This applies mutatis mutandis to other modes of transfer of this specimen.
(3) The obligations referred to in paragraphs 1 and 2 also apply to those who sell or offer for sale by means of distance communication. The warning "CITES - Compulsory documents" is a mandatory part of the advertisement offering to sell a specimen subject to registration or a specimen subject to a prohibition on commercial activities.
(4) When trading in public accessible places where specimens are offered for sale and sold, or when operating means of distance communication through which they are offered for sale or sold, the operator of such a place, or means of distance communication, shall ensure that mandatory information relating to the transfer of the specimen is published in a visible place. The distance communication device operator shall ensure the publication of this information even in advertising or online sales; a reference to the mandatory information published by the Ministry shall be considered to be the publication of mandatory information in this case. The distance communication device operator shall immediately remove the advertisement at the request of the inspection which is contrary to this law or to the prohibition of commercial activity (10).
(5) The content of the mandatory information relating to the transfer of the specimen and the model of the reference to the mandatory information published by the Ministry is laid down in the implementing legislation.
Marking and identification of specimens
(1) The owner or the long-term holder of the specimen shall, at his or her expense, designate the specimen in accordance with the Regulation in the field of trade in endangered drug32a) for the purposes laid down by the Regulations in the field of trade in endangered species (9), and in the same way shall designate the specimen subject to registration pursuant to § 23. Unless otherwise provided for in this law, the specimen shall be marked at the time of the registration. For the purposes of individual identification of the specimen, its marking must be unmistakable. The same marking shall not be used for more than one specimen and no other specimen shall be marked with the used mark. The provisions of this paragraph shall not apply to specimens identified under the Regulation in the field of trade in endangered drug32a) outside the Czech Republic.
(2) If the specimen is not traded and there is no change in its owner or long-term holder and if the Regulation in the field of trade in endangered drug32a) does not provide for another period of time, the method of marking provided for in paragraph 1 shall not apply to:
(a) young mammals during breastfeeding, up to a maximum of 6 months;
(b) eggs and chicks of birds, if they remain on the nest or under the care of their parents, up to a maximum of 3 months of age;
(c) eggs, eggs, eggs, germ stages and young reptiles, up to a maximum of 3 months of age.
(3) A means of marking or identification of a specimen other than that referred to in paragraph 1 may be recognised by the competent management authority only if the prescribed marking referred to in paragraph 1 would cause harm to the health of a specimen of an animal species or if it is impracticable due to the physical characteristics of the specimen or species or due to the natural behaviour typical of such specimen or species. When recognising other means of marking or identification, the competent management authority may request the opinion of the scientific authority. If the marking is impracticable only temporarily and if the specimen has no individual distinguishing mark, the registration authority shall set a later date for the identification of the specimen.
(4) The method of identification and the number of the mark shall be recorded by the Office on the registration sheet. If the owner or the long-term holder of the specimen proves that the physical and medical condition of the specimen does not permit the safe application of any specified marking method at the time of the issue of the registration document, the registration authority shall record this fact on the registration sheet or, if the marking method can be used safely at a later date, it shall determine it as a condition with an indication of the date. For a specimen which cannot be marked in this way, the registration authority shall indicate on the registration document a description of the individual distinguishing features of the specimen supplemented by a photographic document which will be an integral part of the relevant registration sheet.
(5) The methods of carrying out the marking, the types and forms of the mark, the method of numbering and the allocation of the mark and other means of marking or identification of specimens are laid down by the Ministry by implementing legislation.
Licences for manufacturers and distributors of specimens marks
(1) Manufacturers and distributors of rings and other marks required for the marking of specimens pursuant to Section 23c (1), with the exception of microchip transponders, and with the exception of processors and caviar packers licensed under Section 16b, may produce and distribute such marks in the Czech Republic only on the basis of a licence granted by the Ministry, provided that they demonstrate compliance with the conditions laid down in the Regulation in the field of trade in endangered special32a).
(2) Licence applications for ring manufacturers or distributors and other marks for the marking of specimens other than those provided for by other legislation11a)
(a) samples of rings or other marks which the applicant intends to produce or distribute;
(b) written information on rings or other marks,
(c) the consent of the applicant that, after the licence has been granted, the Ministry may publish information on the applicant as a licensed manufacturer or distributor.
(3) The application for a licence for a ring manufacturer or distributor and other marks is also accompanied by proof of payment of the administrative fee under another legislation11b).
(4) The licence decision for the manufacturer or distributor of rings and other marks contains, in addition to the requirements of other legislation11a, the distributor's registration number, the types and parameters of rings and other marks approved by the Ministry.
(5) A manufacturer or a licensed distributor shall keep a register of manufactured or distributed marks, including the identification of the person assigned the mark. Data from the registry shall be made available to the Ministry and the inspection by the manufacturer or the licensed distributor. The performance of the obligations laid down by manufacturers and distributors of rings and other marks in the licence decision shall be controlled by inspections.
(6) The Ministry may decide to withdraw the licence or to amend the licence if the manufacturer or distributor infringes this law or regulation in the field of trade in endangered species (9) or the obligations arising from the licence, or if the legislation on marking of specimens is amended. The Ministry shall also withdraw the licence if the holder so requests.
(7) The Ministry maintains a register of licensed manufacturers and distributors and makes the register available to the public.
(8) The content and manner of keeping of the register of manufactured or distributed rings and other marks referred to in paragraph 5 and the content of the written information referred to in paragraph 2 (b) shall be laid down by the Ministry by implementing legislation.
32a) Chapter XVI of Commission Regulation (EC) No 865 / 2006. '
24.
"Proof of origin
(1) Those holding, rearing, breeding, transporting, publicly exhibiting, selling, exchanging, offering for sale or exchange or processing specimens, other individuals, cetacean products, seal or regulated fur products are required to demonstrate their origin at the request of inspection or customs authorities. Without such proof of origin, a specimen, another individual, a cetaceous product, a seal product or a controlled fur product shall be prohibited to hold, breed, grow, transport, publicly display, sell, exchange, offer for sale or exchange or process.
(2) Anyone acquiring for commercial purposes, publicly exhibiting for commercial purposes, using for business profit and sales, holding for sale, offering for sale, selling or transporting or transferring for sale a specimen, cetaceous product, seal or controlled fur product under this Act, is required to keep written records and allow inspection of their control pursuant to § 30. The formalities for such records and their management shall be laid down by the Ministry by implementing legislation.
(3) The purchase, sale, donation, exchange or other transfer of ownership (hereinafter referred to as "transfer"), the hire or hire of a specimen, another individual, a cetaceous product, a seal product and controlled fur shall be possible only with a written document of the original owner or the long-term holder or holder, such as a receipt or invoice of the seller, a lease contract, a loan contract, an exchange agreement, a donation contract which is of a paper form and on which the identification of the original holder, date, signature, marking and details of the origin of such specimens, other individuals, products or fur. The origin shall be demonstrated by data and documents certifying the acquisition of the specimen in accordance with the requirements of the Regulation in the field of trade in endangered species (9) and of this Act, in particular by indicating when and where the specimen was taken from nature, or whether, when and where it was born in captivity or artificially propagated, or by which State and on the basis of which CITES documents the specimen was imported.
(4) The owner or long-term holder of an imported specimen, other individual, cetaceous product, seal product or controlled fur shall, when transferring ownership of the specimen, borrowing or hiring the specimen, transmit to the new holder the original of the relevant CITES document or equivalent import document, if the Regulation in the field of trade in endangered drug9) or so require such documents.
(5) If the CITES import document is issued in several copies and they are split up when the transfer takes place, the Regional Office shall, upon written request, issue to the holder the appropriate number of numbered and certified copies of the CITES32b document. This officially confirmed copy shall be valid for each specimen, shall serve only as proof of the authorised introduction of the specimen and shall not replace other documents under this Act and under the Regulation in the field of trafficking in endangered drug9). The holder shall attach the original of the relevant CITES import document to the written request for confirmation. Unless otherwise provided for in the Regulation in the field of trade in endangered species (9), the Regional Authority shall withdraw the original of the relevant CITES import document which it sends to the Ministry and deposit a copy thereof.
(6) The documents referred to in paragraphs 3 to 5 shall be kept by the owner or long-term holder or holder of the specimen, other individual, cetaceous product, seal product and controlled fur for any control during the holding of such an individual. The original holder shall be obliged to keep copies of these documents for at least 24 months from the time of the transfer or during the period of the lease or lease and to allow them to be checked in accordance with Section 30 of this Act.
(7) Those who keep a specimen listed in Annex A or B to Council Regulation (EC) No 338 / 972 shall keep records of their breeding and allow for their control under Section 30.
(8) The obligation referred to in paragraph 7 shall not apply to zoos licensed under other legislation32c.
(9) The Ministry shall establish by means of implementing legislation a list of species, specimens or other individuals, cetaceous products, seal products and regulated fur products for which obligations under paragraphs 2 and 4 to 7 shall not be required. The Ministry shall, by means of implementing legislation, lay down the particulars of the documents of origin of specimens, other individuals, products or furskins referred to in paragraph 3, the specimen of the certified copy of the CITES document and the method of its confirmation referred to in paragraph 5, the particulars and format of the records referred to in paragraph 7, the manner in which they are kept, the period of mandatory storage and the manner in which the records are recorded.
32b) Article 51 of Commission Regulation (EC) No 865 / 2006.
32c) Act No. 162 / 2003 Coll., on the conditions for the operation of zoos and on the amendment of certain laws (Act on zoos), as amended. '
25. in Article 25 (1) (g), the words "outside the territory of national parks and protected landscapes" shall be deleted;
26. in Paragraph 25 (1), the comma at the end of point (g) is replaced by a dot and point (h) is deleted;
27. in Paragraph 25 (2):
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Regulation Information
| Citation | Act No. 346 / 2009 Coll., amending Act No. 100 / 2004 Coll., on the Protection of Species of Wild Fauna and Flora by Regulating Trade in and Other Measures for the Protection of These Species, and amending certain Acts (Act on Trade in Endangered Species), as amended, Act No. 634 / 2004 Coll., on Administrative Charges, as amended, Act No. 200 / 1990 Coll., on Transfers, as amended, and Act No. 388 / 1991 Coll., on the State Environmental Fund of the Czech Republic, as amended |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 09.10.2009 |
|---|---|
| Effective from | 01.01.2010 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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