Act No. 60 / 2005 Coll.
Act amending Act No. 440 / 2003 Coll., on the Treatment of Raw Diamonds, on the Conditions of Import, Export and Transit and on the Amendment of Certain Acts, and Act No. 40 / 2004 Coll., on Public Procurement, as amended
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Effective from 08.02.2005
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60
THE LAW
of 5 January 2005
amending Act No. 440 / 2003 Coll., on the Treatment of Raw Diamonds, on the Conditions of Import, Export and Transit and amending certain Acts, and Act No. 40 / 2004 Coll., on Public Procurement, as amended
Parliament has decided on this law of the Czech Republic:
Amendment to the Raw Diamond Management Act
Act No 440 / 2003 Coll., on the treatment of rough diamonds, on the terms and conditions of their import, export and transit and on the amendment of certain laws, is amended as follows:
1.
Subject matter
This Act provides for the treatment, import, export and transit conditions of rough diamonds and lays down the conditions for carrying out certification, registration and control of rough diamonds ("the Kimberley certification scheme ') to the extent provided for in Council Regulation (EC) No 2368 / 2002 of 20 December 2002 implementing the Kimberley certification scheme for the international trade in rough diamonds (" the Regulation'). '
2. The heading above Section 2 is deleted.
3. Paragraph 2, including the title and footnotes 1, 1a and 1b, reads as follows:
Definition of terms
For the purposes of this Act:
(a) container (1) an infringement-resistant container, suitable for sealing against unauthorised opening;
(b) the treatment of rough diamonds by any treatment of rough diamonds not contained in an intact container with a closure;
(c) Secretariat body responsible for the participants (1a) by coordinating the Kimberley system for certification of rough diamonds;
(d) irrefutable evidence
1. a certificate or an authorised copy thereof, issued by the competent authority which, on importation, accompanied rough diamonds for which a certificate of the European Communities (hereinafter referred to as "the Community") 1b is required (hereinafter referred to as "the certificate"),
2. An invoice or other document showing that the particulars of the seller, donor or deceased and the transferee of rough diamonds are available in the territory of the Community in accordance with the principles of the Kimberley Process certification scheme 1b),
3. a document certifying the certification of stocks or, where appropriate, the confirmation referred to in Article 6 of Regulation (EEC) No 1b); or
4. the written declaration referred to in Article 13 of the Regulation.
1) Article 3 (b) of Council Regulation (EC) No 2368 / 2002 of 20 December 2002 implementing the Kimberley Process certification scheme for the international trade in rough diamonds.
(1a) Article 12 (c) of Council Regulation (EC) No 2368 / 2002.
(1b) Article 12 of Council Regulation (EC) No 2368 / 2002. "
(4) Paragraph 3, including footnote 1 and the reference thereto, shall be deleted.
5. Paragraph 4, including footnotes 2 and 2a, reads as follows:
(1) The competent authority of the Community2) is the Directorate-General for Customs.
(2) The Directorate-General for Customs shall cooperate with the European Commission, the competent foreign authorities, the State authorities of other States responsible for carrying out the tasks of the system of certification of rough diamonds, Secretariat and international organisations which carry out the tasks in relation to the system of certification of rough diamonds and provide them with the information to which the Czech Republic has undertaken.
(3) The officials of the Directorate-General for Customs, who carry out the tasks of the system of certification of rough diamonds (hereinafter referred to as the "competent staff"), shall cooperate in the performance of their tasks with the customs office of Prague D1 (hereinafter referred to as the "designated customs office"), who carry out the tasks of the system of certification of rough diamonds (hereinafter referred to as the "competent customs officer").
(4) If the Directorate-General for Customs or a designated customs office finds facts justifying suspicion of the financing of organised crime or terrorism, it shall immediately communicate them to the Police of the Czech Republic ("Police ') or to the intelligence services of the Czech Republic (" Intelligence Services') 2a.
(5) The police and intelligence services provide the Directorate-General for Customs and the designated customs office with the necessary information in the exercise of their duties under this Act and the Regulation; This does not apply if the provision of information would jeopardise the important interest pursued by the police or the relevant intelligence service.
2) Article 19 of Council Regulation (EC) No 2368 / 2002.
2a) Act No. 153 / 1994 Coll., on intelligence services of the Czech Republic, as amended. '.
(6) Paragraph 5, including footnotes 3 and 3a, reads as follows:
Directorate-General for Customs
(a) checks and confirms the authenticity of the certificate on importation; the certificate's authenticity is a public instrument;
(b) where exported, issue a Community certificate which is a public instrument;
(c) compare the contents of the consignment with the data in the certificate by physical inspection, including the determination of the physical and chemical characteristics of rough diamonds necessary for their identification;
(d) establish whether the numerical value of the activity of rough diamonds does not exceed the value permitted by the specific legislaturem3),
(e) procure documentation of the consignment and its contents;
(f) keep records of the import, export and transit of rough diamonds, the registration of persons (Sections 28 and 29), the annual reports (Section 32), the checks carried out and the results thereof (Section 33), the persons subject to penalties for infringements of this law or regulation and the persons who infringed the principles of the Kimberley system of certification of rough diamonds and this fact has been officially communicated to the Directorate-General of Customs by the competent authority; the processing of personal data for the purposes of registration without the consent of the relevant person (3a),
(g) evaluate the data relating to the treatment of rough diamonds.
3) Act No. 18 / 1997 Coll., on the Peaceful Use of Nuclear Energy and Ionizing Radiation (Atomic Law) and on the amendment and addition of certain laws, as amended. Decree No. 307 / 2002 Coll., on Radiation Protection.
3a) Paragraph 5 (2) (a) of Act No. 101 / 2000 Coll., on the protection of personal data and on the amendment of certain laws. '
7. Paragraph 6 (1) reads as follows:
"(1) The competent staff member and the competent customs officer shall be obliged to maintain confidentiality as to what they have learned in or in connection with their activities, in particular the proportion of persons handling rough diamonds, both personal and related to their business. Both the competent staff member and the competent customs officer shall be obliged to maintain confidentiality under this Act even after the performance of their duties has ceased. '
8. In Article 6 (2), the word "staff 'is deleted.
9. In Article 6 (4) (c), "Ministry 'is replaced by" Ministry of Finance'.
10. in Article 6, paragraph 5 is deleted;
Paragraphs 6 to 8 shall become paragraphs 5 to 7.
11. in Article 6 (7), footnote 2 is replaced by footnote 5a;
Footnote 5a:
"(5a) Act No. 148 / 1998 Coll., on the Protection of classified information and on the amendment of certain laws, as amended. '
12. In Article 6, the following paragraph 8 is added:
"(8) The obligation to remain silent shall also not apply to Community institutions which carry out tasks related to the implementation of the Kimberley certification scheme. ';
(13) Title III, including the title and footnotes 6, 6a, 7, 8, 8a and 9 shall read as follows:
COLLECTION OF RAW DIAMANTS IN THE CUSTOMS SCHEME
Customs declaration (6) for the release of rough diamonds under customs procedure 6a) shall be lodged by declarant7) in writing or through a data-processing facility at the designated customs office, unless otherwise provided for in this law or regulation. At the same time as the customs declaration, the declarant shall submit the consignment to the designated customs office. The declarant shall ensure the transport of the consignment to the designated customs office at his / her expense and risk.
Imports
(1) Customs procedure (8) shall be carried out by the designated customs office, unless otherwise provided for in this law or regulation.
(2) The designated customs office shall verify the accuracy and completeness of the declarations accepted.
(3) From the time of submission of the consignment to the designated customs office until the date of issue of the customs procedure decision, that consignment shall be under direct customs control.
(1) Crude diamonds which do not have the status of goods in the Community (8a) can only be transported by air or postal transport to the territory of the Czech Republic to selected Community international airports, Prague-Ruzyně, Brno-Tuřany and Ostrava-Mošnov or to the Customs Office Prague 1.
(2) The person who delivered the rough diamonds by mail or air to the selected international airport is obliged to submit them to the Customs office of Prague 1 or to the customs office in whose territory the selected international airport is located (hereinafter referred to as the "selected customs office") without delay.
(3) The selected customs office will check when the rough diamonds are entered in the territory of the Czech Republic if the consignment is accompanied by a certificate, check the integrity of the container and its conclusions, attach its customs conclusion to the container and release the consignment into transit. The customs office of destination shall be the designated customs office.
(4) If the consignment is not accompanied by a certificate or if the container or its seal is broken, the customs office selected shall not open the consignment, carry out the damage documentation and make an official record thereof. The customs office selected shall attach its seals and transport the consignment under direct customs control at the expense of the declarant to the designated customs office.
(5) The selected customs office shall immediately notify the entry and all details of the consignment to the customs office and to the Directorate-General for Customs.
(6) Raw diamonds which do not have Community status, transported to the territory of the Czech Republic by means of transport other than those referred to in paragraph 1, must be presented to the designated customs office.
(1) The customs officer and the staff member concerned shall jointly check the status of the container and its conclusions when submitting the consignment and subsequently open the container and each package contained therein.
(2) The declarant has the right to be present when checking the state of the container and its conclusions and subsequently opening each package.
(1) The procedure for the conformity of imported rough diamonds with the certificate accompanying them will be initiated by the Directorate-General for Customs by opening the container.
(2) During the procedure referred to in paragraph 1, the customs procedure shall be suspended.
(3) The competent staff member shall check the authenticity and validity of the certificate and compare the contents of the consignment with the particulars given in the certificate.
Where the conditions laid down in this Act, Regulation and Special Legislation 9 are met, the designated customs office shall issue a decision placing rough diamonds under the proposed customs procedure.
Export
(1) The designated customs office shall verify the accuracy and completeness of the customs export declarations accepted.
(2) After the opening of the customs procedure, the customs officer and the staff member concerned shall check the container, the rough diamonds, the irreversible proof referred to in Article 2 (d) and whether the declarant has provided all the information necessary for the issue of the Community certificate.
(3) The declarant shall have the right to be present at the inspection referred to in paragraph 2.
(1) The General Directorate of Customs is responsible for the procedure for issuing the Community certificate.
(2) The procedure referred to in paragraph 1 shall be initiated as soon as the Directorate-General for Customs has taken over the container, the rough diamonds, the irrefutable evidence and the information necessary for issuing the Community certificate.
(3) During the procedure referred to in paragraph 1, the customs procedure shall be suspended.
(4) The staff member concerned shall check that the declarant has provided irrefutable evidence in accordance with Article 2 (d) and the correct and complete information required to issue a Community certificate, that the container presented by the declarant corresponds to the transport of rough diamonds under this law and the Regulation, and shall compare the raw diamonds submitted with those provided by the declarant, including their approximate current price.
(1) The competent staff member and the customs officer concerned shall, together with an authorised copy of the Community certificate, insert rough diamonds or packages containing them in the container and seal the container. The declarant shall receive a Community certificate.
(2) The declarant has the right to be present when entering the contents into the container and its measures by closing them.
(1) Only the designated customs office may, subject to the conditions laid down in this Act, Regulation and Special Legislation (9), place rough diamonds under the export arrangements.
(2) A person who has been released for export of rough diamonds must ensure at his own expense and risk of being transported to the Community customs office of exit approved by the designated customs office. The designated customs office shall set a time limit for the submission of the consignment to the customs office of exit, route and mode of transport of the consignment. The consignment shall be under customs control during transport.
(3) If rough diamonds released from export leave the territory of the Community from a place situated in the territory of the Czech Republic, they must leave it only at a selected customs office.
(4) The selected customs office shall check the integrity of the container and its conclusions and check that the consignment is accompanied by a certificate in accordance with the Regulation. Where the container or its closure is infringed or the consignment is not accompanied by a certificate under the Regulation, the customs office selected shall not open the consignment, carry out the documentation of the condition of the consignment, including the documents accompanying it, and make an official record thereof, affix the consignment with its seals and send it to the designated customs office under direct customs control at the expense of the declarant. The designated customs office and the Directorate-General for Customs shall treat the consignment mutatis mutandis in accordance with the provisions of Sections 13 to 16 and paragraphs 1 to 3.
(5) The customs office selected shall immediately notify the exit of the consignment and all details of the consignment to the customs office and to the Directorate-General for Customs.
6) Article 4 (17) of Council Regulation (EEC) No 2913 / 1992 of 12 October 1992 establishing the Community Customs Code.
(6a) Article 4 (16) of Council Regulation (EEC) No 2913 / 1992.
7) Article 4 (18) of Council Regulation (EEC) No 2913 / 1992.
8) Article 37 et seq. of Council Regulation (EEC) No 2913 / 1992.
(8a) Article 4 (6) of Council Regulation (EEC) No 2913 / 1992.
9) Council Regulation (EEC) No 2913 / 1992. '
14. § 17, § 18 including the title and § 19 are deleted.
15.
(1) Raw diamonds may be placed under the external transit procedure (10) only at selected customs offices.
(2) When rough diamonds enter the territory of the Czech Republic at a customs office other than that selected, they must be transported under transit procedure to the customs office designated by them. In justified cases, in particular where there is a risk that rough diamonds might escape customs supervision or otherwise jeopardise the basic objectives of the Kimberley certification scheme, the customs office shall ensure the transport of the consignment to the designated customs office under direct customs control at the expense of the declarant.
(3) The customs office shall check the integrity of the container and its conclusions and check that the consignment is accompanied by a certificate under the Regulation. Where the container or its closure is infringed or the consignment is not accompanied by a certificate under the Regulation, the customs office shall not open the consignment, carry out documentation of the condition of the consignment, including the documents accompanying it, and make an official record thereof. The customs office shall affix the consignment to the designated customs office and shall carry it at the expense of the declarant. The designated customs office and the Directorate-General for Customs shall treat the consignment mutatis mutandis in accordance with Title III.
10) Article 91 et seq. of Council Regulation (EEC) No 2913 / 1992. '
16. Article 21 to 25 shall be deleted, including the headings.
17. in Paragraph 26 (1), including footnote 10a:
"(1) Only the designated customs office and the selected customs offices are entitled to release rough diamonds under the common transit customs procedure 10a, provided that the conditions laid down by this law, regulation and special legislation9 are met. The transit customs offices in the Czech Republic for transporting consignments of rough diamonds under the common transit procedure are only selected customs offices.
10a) Council Decision (EEC) No 415 / 1987 of 15 June 1987 on the conclusion of the Convention between the European Community, the Republic of Austria, the Republic of Finland, the Republic of Iceland, the Kingdom of Norway, the Kingdom of Sweden and the Swiss Confederation on a common transit procedure, as amended. ';
18.Paragraph 26 (2) reads as follows:
"(2) The office of departure shall, when the rough diamonds are placed under the common transit procedure (10a), check the integrity of the container and its conclusions, attach its customs conclusion to the container, set a time limit for the shipment to the office of destination and, if the conditions laid down by the special legislature9 are met, release the consignment into the common transit procedure. The customs office of exit shall be the customs office selected. ';
19. in Paragraph 26 (4), the word "Ministry" shall be replaced by "Directorate-General for Customs."
20. In Paragraph 26 (5), "domestic 'is replaced by" Community'.
21. in Article 26 (5), the word "legislation1)" shall be replaced by "legislation9";
22. in Paragraph 26 (6), the word "Ministry" shall be replaced by "Directorate-General for Customs."
23. in Paragraph 26 (7), the words "from the Czech Republic" are replaced by the words "from the territory of the Czech Republic" and the words "to the Ministry" are replaced by the words "to the Directorate-General for Customs."
24. in Paragraph 26 (8), the words "Domestic transit office" are replaced by the words "Transit office" and the words "to domestic country" are replaced by the words "in the Czech Republic."
25. in Article 26 (8), the word "law (1)" is replaced by the words "law9)."
26. in Paragraph 26 (9):
"(9) Where the container or its closure is infringed, the transit office shall not open the consignment, carry out documentation of the condition of the consignment, including the documents accompanying it, and make an official record thereof. The transit office shall affix the consignment with its seals and send it to the designated customs office at the expense of the declarant. Furthermore, the designated customs office and the Directorate-General for Customs shall treat the consignment mutatis mutandis in accordance with Title III. ';
27. in Article 26 (10), the words "Domestic transit office" are replaced by the words "Transit office" and the words "to domestic country" are replaced by "on the territory of the Czech Republic" and the words "Ministry" are replaced by the words "Directorate-General for Customs."
28. in Article 27 (2) (c), including footnote 10b:
"(c) in the case of nationals of the Czech Republic, the place of permanent residence in the territory of the Czech Republic, the place of residence in the territory of the Czech Republic or, where applicable, the habitual residence in or outside the territory of the Community10b).
(10b) Article 3 of Council Regulation (EEC) No 2913 / 1992. "
29. in Article 27 (3) (a), the words "or its name" shall be deleted;
30. in Article 27 (3) (c):
"(c) in the case of nationals of the Czech Republic, the place of permanent residence in the territory of the Czech Republic, the place of residence in the territory of the Czech Republic or, where applicable, the habitual residence in or outside the territory of the Community10b),"
31. in Paragraph 27 (3) (e):
"(e) the place of business, registered office, permanent establishment or organisational component of the undertaking, if established, and ';
32. in Paragraph 27 (4) (b), "registered office" is replaced by "identification number a."
33.In Article 27 (4) (c), the words "identification number and" shall be replaced by the words "registered office, head office, permanent establishment or organisational component of the undertaking, if established."
34. in Article 27 (4), point (d) is deleted;
35. in Article 28 (2) (a), the words "or any other document authorising it in the territory of the Community to do business in the activities referred to in paragraph 1, not more than one month old," shall be inserted after the words "trade certificate."
36. in Paragraph 28 (2) (b), the words "or equivalent document," shall be inserted after the words "from the Register of Penalties Register."
37. in Paragraph 28 (3), the words "or" after the words "tax legislation" shall be replaced by a comma and the words "or Regulation" shall be inserted after the words "the law." The words "officially notified to the Ministry 'shall be replaced by the words" officially notified to the Directorate-General for Customs by another'.
38. In Paragraph 28 (4), the words "or 'after the words" tax legislation' are replaced by a comma and the words' or Regulation 'are inserted after the words' this law '.
39. in Paragraph 28 (5), the words' or 'after the words' tax legislation 'shall be replaced by a comma and the words' or Regulation 'shall be inserted after the words' this law ';
40. In Paragraph 29 (1), "Ministry 'is replaced by" Directorate-General for Customs'.
41. in Paragraph 29 (3), the word "Ministry" shall be replaced by "Directorate-General for Customs."
42. In Paragraph 29 (4), "Ministry 'is replaced by" Directorate-General for Customs'.
43. In Paragraph 29 (5), the word "Ministry 'is replaced by" Directorate-General for Customs'.
44. In Paragraph 29 (6), "Ministry 'is replaced by" Directorate-General for Customs'.
45. in Paragraph 29 (7), the word "Ministry" shall be replaced by "Directorate-General for Customs."
46. In Paragraph 31 (4), "Ministry 'is replaced by" Directorate-General for Customs'.
47. in Paragraph 32 (1), the word "Ministry" shall be replaced by "Directorate-General for Customs."
48. In Paragraph 32 (2), "Ministry 'is replaced by" Directorate-General for Customs'.
49. In Paragraph 32 (3), the word "Ministry 'is replaced by" Ministry of Finance'.
50. In Paragraph 33 (1), the words "a certification scheme for rough diamonds' are replaced by the words" a Kimberley certification scheme '.
51. in Article 33 (2), the words "service pass of the Ministry" shall be replaced by the words "card of a civil servant of the customs administration."
2. in Paragraph 33 (4) (f), the words "commercial and accounting documents and other documents" shall be replaced by "commercial documents, accounting documents and other accounting records, or other documents."
53.In Paragraph 33 (8) (f), the word "Ministry" is replaced by "Directorate-General for Customs."
54. Paragraph 33 (10) (g) reads as follows:
"(g) the imprint of the official stamp,"
55. The heading of Title VII shall read: "ADMINISTRATIVE DEPARTMENTS AND IMPLEMENTATION OF THINGS."
56. In Paragraph 34 (1), the words "or a natural person in business shall commit an infringement 'shall be replaced by" shall commit an administrative offence'.
57. in Paragraph 34 (1) (a), the words "or Regulation" shall be added at the end of the text.
58. in Paragraph 34 (1), point (b) is deleted;
Points (c) to (i) shall be renumbered (b) to (h).
(59) In Paragraph 34 (1) (h), the word "Ministry" is replaced by "Directorate-General for Customs."
60. In Paragraph 34 (2), the words "a fine shall be imposed on a legal person or a natural person in the course of business for the infringement referred to in paragraph 1 'shall be replaced by the words" a fine shall be imposed until'.
61. in Paragraph 34 (2) (a), the word "to" shall be deleted;
62.In Paragraph 34 (2) (a), "to (c)" is replaced by "and (b)."
63.In Paragraph 34 (2) (b), the word "to" shall be deleted.
64. in Paragraph 34 (2) (b), "(d) to (f)" is replaced by "(c) to (e)."
65.In Paragraph 34 (2) (c), the word "to" shall be deleted.
66.In Paragraph 34 (2) (c), "(g) to (i)" is replaced by "(f) to (h)."
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Regulation Information
| Citation | Act No. 60 / 2005 Coll., amending Act No. 440 / 2003 Coll., on the Treatment of Raw Diamonds, on the Conditions of Import, Export and Transit and on the Amendment of Certain Acts, and Act No. 40 / 2004 Coll., on Public Procurement, as amended |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 08.02.2005 |
|---|---|
| Effective from | 08.02.2005 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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