Act No. 467 / 2011 Coll.
Act amending 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
Valid
Law
Effective from 01.02.2012
Text versions:
01.02.2012
30.12.2011
467
THE LAW
of 6 December 2011
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
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 and other measures for the protection of those species and amending certain laws (Act on Trade in Endangered Species), as amended by Act No. 444 / 2005 Coll., Act No. 227 / 2009 Coll. and Act No. 346 / 2009 Coll., is amended as follows:
1. In the first sentence of Paragraph 1 (1), the words "and marketing 'shall be inserted after the words" from cetacean'.
2. in Paragraph 1 (2) (b), including footnote 61:
"(b) seal and seal products (hereinafter" seal product ") 61;
61) Regulation (EC) No 1007 / 2009 of the European Parliament and of the Council of 16 September 2009 on trade in seal products. Council Directive 83 / 129 / EEC. '
3. In Article 2 (c), the words "European Community law on the protection of endangered species (5) 'are replaced by the words" Annex A to the directly applicable European Union regulation on the protection of species of wild fauna and flora by regulating trade in nimi5'.
4. In Article 2, at the end of point (i), the dot is replaced by a comma and the following point (j) is added, including footnote 62:
"(j) a product of some seal cubs 62) a seal product listed in Annex 1 to this Act.
62) Council Directive 83 / 129 / EEC. ';
5. In Article 19 (1), the words "and transit of seal products' are replaced by the words" products from certain seal pups'.
6. In Article 19 (2), the word "seals' is replaced by the words" certain seal pups'.
7. In Section 19, the following paragraph 3 is added:
"(3) The provisions of paragraphs 1 and 2 are without prejudice to other obligations arising from the directly applicable European Union law on trade in seal products (63).
(63) Regulation (EC) No 1007 / 2009 of the European Parliament and of the Council of 16 September 2009 on trade in seal products. ';
8. In Article 23d (7), the words "making this register available to the public 'are replaced by the words" publishing the contents of this register in a way that allows remote access'.
9. in Paragraph 25 (2) (g), including footnote 64,
"(g) grants an exemption from the ban on cetacea fishing provided for in Article 20 (2), verifies the proof of origin of seal products under the directly applicable European Union law on trade in seal products (64), decides in the cases provided for in paragraphs 18 and 19, or decides on other matters provided for in the Regulation on trade in endangered species (9);
64) Commission Regulation (EU) No 737 / 2010 of 10 August 2010 laying down detailed rules for the application of Regulation (EC) No 1007 / 2009 of the European Parliament and of the Council on trade in seal products. '
10. in Article 25 (2) (o), "database" is replaced by "register" and "database" is replaced by "register."
11. in Paragraph 25 (2) (p), the words "making it available to the public" shall be replaced by the words "publishing its content in a way that allows remote access."
12. in Article 25 (2) (r), the words "in a way that allows remote access" shall be inserted after the words "published."
13. In Article 26 (8), the words "and whether the importation and marketing of seal products are carried out in accordance with the directly applicable European Union rules on trade in seal products (63) 'shall be added at the end of the first sentence; in the second sentence, the words" this Regulation' shall be replaced by the words "or transit '; in the third sentence, the words" transit or marketing' shall be replaced by the words "those rules';
14. In the first and second sentences of Paragraph 26 (9), the words "or transit 'are deleted, in the third sentence the words" or transit' are deleted and in the fourth sentence the words "or transit 'are deleted.
15. in Article 29c (d) and (e), the word "written" shall be deleted;
16. In Paragraph 29c, the current text becomes paragraph 1 and the following paragraph 2 is added:
"(2) The level of reimbursement of the costs of care for a group of specimens including the cost of animal feed, energy and breeding, with the exception of veterinary care costs, shall be laid down in implementing legislation. ';
17. At the end of paragraph 1, the sentence "The inspection shall also check the issuing of certificates by a recognised body established and operating in the Czech Republic under the directly applicable European Union law on trade in seal products 64). '
18. In the second sentence of Article 34a (4), the words "data provided by the rescue centre 'are replaced by the words" their accounts by the operator of the rescue centre'.
19. in Paragraph 34c (2) (g), the words "or attempt to export" shall be inserted after the word "export."
20. in § 34c (2) and § 34d (2) (h):
"(h) imports the seal product in contravention of Article 19 or the directly applicable European Union regulation on trade in seal products 63),"
21. In Article 34c (2) (i), the words "or 17" shall be inserted after the words "or" shall attempt to export them. "
22. in Article 34c (3) (a), the words "or re-export of a specimen" shall be replaced by the words "attempt to export, re-export or re-export the specimen."
23. In Article 35 (1), second and third sentences, the word "database" shall be replaced by "register," in the fourth sentence, the word "database" shall be replaced by "registration" and the last sentence shall be replaced by "data from the registration of applicants for import, export or re-export of specimens, including file material, and data from other registration and registration under this law shall be kept for a period of 5 years from the submission of the application, other data in the register shall be kept for a period of 10 years."
24. In the first sentence of Paragraph 35 (2), "database 'is replaced by" register'.
25. In the first sentence of Paragraph 35 (4), the word "archiving 'is replaced by" saving' and in the second sentence, the words "central database maintained 'are replaced by" central register maintained'.
26. In the first sentence of Paragraph 35 (5), "archived 'is replaced by" stored' and "database 'is replaced by" registration'.
27. in Paragraph 35 (7), the word "archived" shall be replaced by "stored."
28. Paragraph 38 (1) is deleted.
Paragraphs 2 and 3 shall be renumbered paragraphs 1 and 2.
29. in Paragraph 38 (2), "paragraphs 1 and 2" shall be replaced by "paragraphs 1."
30. In Article 42, the words "§ 1 (2) (c)," shall be inserted after the words "§ 15c (3)," shall be inserted after the words "§ 16, § 16b (8)," shall be inserted after the words "§ 18 (1)," and the words "§ 22 (5), § 23 (1) (a)," shall be replaced by "§ 25 (2) (m)," shall be inserted after the words "§ 29c (2)," and the words "§ 34a (7)" shall be replaced by "§ 34a (8)."
31. Annex 1 shall read as follows:
"Annex No 1 to Act No. 100 / 2004 Coll.
Products of certain seal pups referred to in § 2 (j)
| Číslo | Číslo nadpisu CCT | Popis |
| 1 | ex 43.01 | Kožešinové kůže surové a vyčiněné či vydělané, včetně kožešinových kůží sestavených do plátů, křížů a podobných forem: |
| ex 43.02 A | - bílých kožešin mláďat tuleňů grónských (Pagophilus groenlandicus) | |
| - mláďat s modrými zády čepcolů hřebenatých (Cystophora cristata) | ||
| 2 | ex 43.03 | výrobky a jejich části z kožešin uvedených pod položkou 1“. |
32. In Annex No 2 (b), the word "ochre 'is replaced by" steppic' and the word "steppic 'is replaced by the word" ochre'.
Efficacy
That law shall take effect on the first day of the second calendar month following its publication.
Germany
Klaus v. r.
Nausea v. r.
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Regulation Information
| Citation | Act No. 467 / 2011 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 |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 30.12.2011 |
|---|---|
| Effective from | 01.02.2012 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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