Act No. 62 / 2000 Coll.
Law on certain measures for the export or import of products and on licensing and amending certain laws
Valid
Law
Effective from 01.07.2000
Text versions:
01.07.2000
28.03.2000
Contents
ČÁST PRVNÍ
§ 1
HLAVA I
Díl 1
§ 2
§ 3
§ 4
§ 5
§ 6
§ 7
§ 8
Díl 2
Oddíl 1
§ 9
§ 10
§ 11
§ 12
§ 13
§ 14
§ 15
§ 16
§ 17
§ 18
§ 19
§ 20
§ 21
§ 22
§ 23
§ 24
§ 25
§ 26
§ 27
Oddíl 2
§ 28
§ 29
§ 30
§ 31
§ 32
§ 33
Oddíl 3
§ 34
§ 35
Díl 3
§ 36
§ 37
§ 38
§ 39
§ 40
§ 41
§ 42
§ 43
§ 44
Díl 4
§ 45
§ 46
§ 47
§ 48
§ 49
Díl 5
§ 50
§ 51
§ 52
§ 53
§ 54
§ 55
§ 56
§ 57
§ 58
§ 59
§ 60
§ 61
§ 62
§ 63
§ 64
Díl 6
§ 65
HLAVA II
§ 66
§ 67
§ 68
§ 69
§ 70
§ 71
§ 72
§ 73
§ 74
§ 75
HLAVA III
§ 76
§ 77
§ 78
§ 79
§ 80
§ 81
ČÁST DRUHÁ
§ 82
ČÁST TŘETÍ
§ 83
ČÁST ČTVRTÁ
§ 84
ČÁST PÁTÁ
§ 85
§ 86
ČÁST ŠESTÁ
§ 87
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62
THE LAW
of 24 February 2000
on certain measures concerning the export or import of products and the licensing procedure and amending certain laws
Parliament has decided on this law of the Czech Republic:
MEASURES FOR EXPORT OR IMPORTATION OF PRODUCTS AND LICENCES MANAGEMENT
Subject matter
That law provides for certain measures to be taken when products are exported or imported, as well as licensing procedures for issuing official authorisations to export or import products.
MEASURES FOR EXPORTS OR IMPORTS OF PRODUCTS
General provisions
This law is without prejudice to the application of measures under specific legislation1) for reasons other than those covered by this law.
Definition of basic terms
Measures for the export or import of products ("measures') shall mean:
(a) a safeguard measure:
1. quantitative restrictions on exports or imports;
2. prohibition of export or import;
3. adjustment of customs duties or duties,
4. import premium,
5th import deposit,
6. restriction or prohibition of transit, 2)
7. other measures taken in accordance with the international obligations of the Czech Republic,
(b) any other measure:
1. monitoring of exports or imports;
2. an adjustment of import or export conditions affecting trade with the State concerned.
For the purposes of this Act:
(a) the importation of products under the customs procedure for free circulation, (3) unless otherwise provided for in this law;
(b) quantitative restrictions on exports or imports to determine the quantities of products which may be exported or imported during the period laid down;
(c) by an import premium, the amount of money collected on imports of the products and the percentage of customs value,
(d) by an import deposit, a cash amount which shall be composed free of interest on importation at a specified amount and for a specified period;
(e) restrictions on the transit of products to determine the quantity of products or means of transport or the way or direction of transport of products through the Czech Republic;
(f) domestic industry domestic producers of similar 4) or directly competing products as a whole or at least those producers whose combined production of similar or directly competing products accounts for more than 50% of the total domestic production of these products;
(g) a product which is not identical to the like product but may be used for the same purpose and to fulfil the same functions and, in view of its price, may be a substitute for the imported product,
(h) serious injury to the domestic industry;
(i) a threat of serious injury to a situation which may give rise to imminent serious injury.
General conditions for action
(1) The measure may be adopted on the basis of the conclusions of an investigation carried out by the Ministry of Industry and Trade (hereinafter referred to as the Ministry of Industry and Trade) or by any other procedure under this Act and in accordance with the international agreement, 5), which the Czech Republic is bound by and has been published in the Collection of Laws.
(2) The measure must be taken if it results in an obligation to take action from a decision of an inter-state body established under an international treaty which the Czech Republic is bound by and which has been published in the Collection of Laws.
Measures under this Act may be applied for protection
(a) before or threatening to cause serious injury to the domestic industry ("increased imports"),
(b) prior to import of certain agricultural products and foodstuffs,
(c) emerging industries;
(d) illicit barriers to trade; or
(e) other interests of the State.
(1) Measures may be taken only to the extent strictly necessary and for the period of time for which circumstances exist that justify their introduction.
(2) For the same reason, several safeguard measures under this Act may not be adopted simultaneously for the same product.
Monitoring of imports or exports
(1) If imports of a particular product reach the pace and extent which is threatening to cause injury to the domestic industry, or where the interests of the Czech Republic so require, or where an international treaty so requires, 5), the Ministry shall submit to the Government of the Czech Republic (Government) a proposal for the adoption of a government regulation to monitor the import or export of this product.
(2) Unless otherwise specified, the measures consisting of monitoring imports of the product at a pace and the extent to which imports are liable to cause injury to the domestic industry shall expire 18 months after the date on which the measure was applied.
Protection against increased imports
General provisions on increased imports
Conditions for the adoption of a safeguard measure
The Government may adopt a safeguard measure by regulation if the product is imported into the Czech Republic in such increased quantities and under such conditions as to cause or threaten to cause:
(a) serious injury to the domestic industry which produces like or directly competing products and where there is a causal link between such imports and or a threat thereof; or
(b) a serious disturbance in a sector of the economy or difficulties which could cause a serious deterioration of the economic situation in a region of the Czech Republic.
Incentive to initiate an investigation
(1) A natural person with a permanent residence or legal person established in the Czech Republic (hereinafter referred to as "the applicant") may initiate an investigation by the Ministry in order to take measures to protect a particular domestic industry from increased imports (hereinafter referred to as "the investigation").
(2) The complaint shall be lodged in writing and shall contain:
(a) in the case of a natural person, the name and surname and, where applicable, the business name, the birth number and the address of the permanent residence, the legal person's trade name or name, registered office and identification number;
(b) a detailed description of the imported product (labelling, technical data, characteristics and uses), including labelling according to the Combined Nomenclature, 6)
(c) a detailed description of the like or directly competitive product produced in the Czech Republic (labelling, technical data, characteristics and uses), including labelling in the combined nomenclature;
(d) proof that the domestic product is similar or directly competitive in relation to the product imported;
(e) the name of the manufacturer and the country of origin and the country of export of the imported product;
(f) evidence of support for the complaint from producers producing the like or directly competing product, the combined production volume of which is more than 50% of the total domestic production of the like or directly competing product;
(g) the quantity and customs value of the imported product for the previous 3 years and in the year in which the complaint is lodged, according to the statistics of the Czech Statistical Office;
(h) the quantity of the like or directly competing product produced in the country in the three preceding years and the estimated production volume in the year in which the complaint is lodged;
(i) data showing serious injury or threat caused by increased imports of the said product to the domestic industry, including a financial statement of its scale;
(j) data demonstrating the existence of a causal link between the increased imports of the same or similar products and the injury resulting therefrom.
Delay of the complaint
(1) The Ministry shall postpone the complaint if it finds, in its assessment, that the complaint contains manifestly false information or does not contain the elements laid down in this Act or if there is insufficient evidence that the increased imports cause or threaten to cause serious injury to the domestic industry.
(2) The Office shall inform the appellant in writing of the postponement of the complaint, stating the reason for the postponement, within 45 days of receipt of the complaint.
Investigation procedure
Initiation
(1) The Ministry shall initiate an investigation within 45 days of receipt of the complaint if the complaint has not been postponed pursuant to Article 11 (1) and if the data provided by the applicant provide sufficient evidence that the increased imports cause or threaten to cause serious injury to the domestic industry.
(2) The Ministry may initiate an own-initiative investigation where it finds in its activities that increased imports of certain products cause or threaten to cause serious injury to the domestic industry.
(3) The investigation shall begin on the date on which the Ministry publishes the notice of initiation of the investigation in the Commercial Bulletin. The Ministry will also publish information on the opening of the investigation via the Internet.
(4) The notice of initiation shall include:
(a) the appellant's designation if the investigation was initiated following a complaint;
(b) the indication of the imported product under investigation under the Combined Nomenclature, its description, characteristics and purpose of use;
(c) data submitted by the appellant on serious injury to the domestic industry or on its imminent threat;
(d) the period within which the interested parties may make their views known in writing or provide information to be taken into account during the investigation or make themselves known as an interested party to the proceeding; the period is 30 days and starts to run on the day of the initiation of the investigation,
(e) the address to which the opinions of the bodies concerned are to be sent.
(5) The entities concerned referred to in paragraph 4 (d) are:
(a) the producer, exporter and importer of the product for which the increased imports took place;
(b) domestic producers of the like product which supported or commented on the complaint and associations of such producers representing their interests;
(c) other persons who demonstrate a direct legal interest in the matters under investigation.
Interested parties
Interested parties are the applicant and those concerned referred to in Article 12 (5), which have explicitly made themselves known in writing to the investigation within the time limit referred to in Article 12 (4) (d) for further investigation.
Injury findings
(1) In examining whether an increase in imports caused or threatened to cause serious injury to the domestic industry, the Ministry shall take into account:
(a) the volume of imports of the product under investigation in absolute terms or in proportion to production or consumption in the Czech Republic;
(b) the conditions under which imports of the product under investigation are made, the price of the imported product and its relationship to the domestic prices of the like or directly competing product produced;
(c) the effect of the increased imports on the economic indicators of the domestic industry, including in particular production volume, utilisation of production capacity, stocks, sales, market share, profit (possibly loss), labour productivity, return on investment, employment,
(d) the causal link between the increased imports and the serious injury or threat of serious injury,
(e) other factors which cause or threaten to cause injury to the domestic industry;
(f) facts suggesting that the situation is not of a transitional nature.
(2) In assessing the threat of serious injury to the domestic industry, the Ministry shall take into account, in addition to the data referred to in paragraph 1, also:
(a) the rate of growth of imports into the Czech Republic of the product under investigation;
(b) the export capacity in the country of origin of the product or in the country of export and the likelihood that it will be used for export to the Czech Republic.
(3) Where serious injury or threat of serious injury to the domestic industry is caused at the same time by factors other than increased imports, such injury or threat shall not be attributed to increased imports.
Detection of evidence
(1) In order to assess whether there has been an increase in imports of a product resulting in serious injury, the Ministry will request the necessary information from interested parties, ministries and other administrative offices and other entities concerned by the nature of the case. The Ministry shall set a time limit for the provision of information which shall not be less than 10 working days. The period may be extended by a maximum of 20 working days at the reasoned request of the subject concerned.
(2) If the requested information is not submitted within the time limits set in accordance with paragraph 1, the Ministry shall carry out the investigation on the basis of the information available to it.
(3) At the request of the Ministry, the Czech Statistical Office shall submit data on the volume of the imported product and its customs value during the investigation.
Confidential treatment of information
(1) Where the information is identified as confidential by its provider, it shall not be disclosed or made available to interested parties without its consent. This is without prejudice to specific legislation governing trade secrets (7) and the handling of classified information. 8)
(2) The Ministry will ask the provider to provide a sufficiently detailed non-confidential lift. If the provider considers that processing of such an elevator is not possible, it shall duly justify it.
(3) The Ministry will disregard any information it finds that the request for confidential treatment is not justified. The Ministry shall inform the provider accordingly.
(4) Persons who come into contact with information found in the course of proceedings are required to maintain confidentiality, unless otherwise provided for in specific legislation.
Oral proceedings
(1) The Ministry shall order oral proceedings and notify the date and place of its holding in the Trade Journal whenever any interested party so requests. In this case, the Ministry will also publish this information via the Internet. If an interested party does not attend the oral hearing, the Ministry may act without the participation of that party, taking into account the data and information at its disposal.
(2) The oral information provided to the Ministry in the course of the oral hearing shall not be taken into account if the interested party which provided it does not submit it in writing and within a period specified by the Ministry; that period shall not be less than 5 working days.
In the course of the investigation, the Ministry will allow interested parties to be familiar with all relevant non-confidential documents submitted by one of the interested parties. Interested parties may comment on these documents within 7 working days of the date on which the interested party became aware of the documents.
Provisional safeguard measure
(1) If known facts show that the increased imports have caused or threaten to cause serious injury to the domestic industry and that delays would cause hard to repair damage, the Government may, on a proposal from the Ministry, provide for an interim safeguard measure in the form of a duty adjustment. The period of application of the government regulation on the application of the provisional measure shall be no more than 200 calendar days.
(2) If the Ministry withdraws an investigation pursuant to Paragraph 20, it shall submit a draft regulation to the Government to repeal the provisional safeguard measure.
(3) In the event that a provisional safeguard measure is repealed or lapsed by the Government by a regulation adopting a provisional safeguard measure with a period of 200 calendar days, the duty collected shall be refunded. 9)
Termination of the investigation
Stopping an investigation
(1) Where the applicant does not provide the necessary information within the time limit or otherwise delay the hearing, the investigation may be terminated with that justification.
(2) The Ministry will suspend the investigation if the conditions for the adoption of a safeguard measure under this Act are not fulfilled.
(3) The Ministry of Trade shall notify the termination of the investigation at the latest nine months after the date of initiation of the investigation. The date of publication shall be deemed to be the date of the notice of termination of the investigation to the interested parties. The Ministry will also publish information about the termination of the investigation via the Internet.
Adoption of a safeguard measure
(1) If the investigation provided for in Article 20 is not terminated and it is demonstrated that the increased imports of the product have caused or threaten to cause serious injury to the domestic industry, the Ministry shall submit to the Government, no later than 9 months after the initiation of the investigation, the findings of the investigation and the proposal for a regulation for a safeguard measure. At the same time, it will propose the termination of the provisional measures if applicable.
(2) The investigation is concluded on the date on which the Government approves or rejects a request for a safeguard measure by the Government. The measure will only be taken if the circumstances on the basis of which the proposal was submitted by the Ministry persist.
(3) If the Government does not decide on a safeguard measure within 12 months of the initiation of the investigation, the investigation is deemed to be terminated.
(1) The Ministry shall notify the completion of the investigation in the Trade Bulletin. The date of publication shall be considered as the date of notification of the termination of the investigation to the interested parties. The Ministry will also publish information on the termination of the investigation via the Internet.
(2) The notice of termination of the investigation in the event of the adoption of a safeguard measure shall include:
(a) the indication of the imported product under investigation under the Combined Nomenclature, its description, characteristics and purpose of use;
(b) facts demonstrating that the said product is imported into the Czech Republic in increased quantities,
(c) the facts found suggesting serious injury to the domestic industry or imminent threat thereof,
(d) an indication of the evidence showing a causal link between increased imports and serious injury or its imminent threat;
(e) information on the action taken.
Conditions and duration of application of the measure
(1) A safeguard measure is taken to the extent and for a period which is necessary to prevent or remedy serious injury or threat to the industry and is sufficient for the industry to create conditions that enable it to adapt to the circumstances that have arisen.
(2) Where a safeguard measure takes the form of a quantitative restriction, that measure shall not lower the volume of imports below the level of the average import volume in the last 3 years for which statistics are available, unless it is clearly demonstrated that a different level of reduction of import volume is needed to prevent or remedy serious injury or threat to the domestic industry.
(1) A safeguard measure may be taken for up to 4 years. To this end, the duration of the provisional measures shall be taken into account.
(2) Where a fixed period of application of a safeguard measure is longer than 1 year, the Government's regulation on the application of that safeguard measure shall include a timetable for reducing its scope at regular intervals so that the domestic industry can create conditions that allow it to adapt to the new circumstances affecting the situation of the industry.
(3) In the course of the application of a safeguard measure which has been adopted for more than 3 years, the Ministry will examine in the middle of its duration the need for its application. For the purposes of this review, the Ministry shall be entitled to request information from the bodies concerned which are obliged to provide it to the Ministry. If the requested information is not submitted, the Government may repeal the measure applied without review by the Regulation. If, in whole or in part, the reasons giving rise to the adoption of the measure have been waived, the Government shall issue a regulation repealing or reducing the scope of the measure in force.
Extension of the safeguard measure
(1) The period of application of the safeguard measure may be extended by a government regulation on the basis of an initiative pursuant to Article 10, not later than 9 months before the end of that period. The complaint may be lodged with the Ministry by an interested party on the basis of which the safeguard measure is applied. In addition to the elements set out in Section 10 (2), the complaint must contain data showing that the longer duration of the measures is still necessary to prevent or remedy the serious injury suffered by the domestic industry while adapting the industry to the new circumstances. Paragraph 11 to 18 shall apply to the investigation.
(2) The overall duration of the safeguard measure, including the extension, must not exceed 8 years.
(3) In the event that the Government has extended the application of the safeguard measure by a regulation, it must not be more restrictive than at the end of the original period and a timetable must be set for a further gradual reduction in its scope.
Re-adoption of measures
(1) The re-adoption of the safeguard measure is possible following the initiation of an investigation pursuant to Article 10. Paragraph 11 to 18 shall apply to the investigation.
(2) The measure cannot be re-adopted on the same product for a period equal to the period of previous application of the measure.
(3) Notwithstanding the length of the period during which the previous safeguard measure was applied to the same product, a safeguard measure may be adopted not earlier than 2 years, unless it is a measure lasting 180 days or less, provided that:
(a) at least 1 year has elapsed since the date of adoption of the safeguard measure on imports of this product; and
(b) this safeguard measure has not been applied to the same product more than twice in the five-year period immediately preceding the date of application of this measure.
Imports from developing countries
The measure shall not be adopted to limit imports of products from a developing country that is a member of the WTO, provided that the proportion of imports of such products from that country does not exceed 3% of the total volume of imported products to the Czech Republic, provided that imports from developing countries with a share of less than 3% do not represent more than 9% of the total volume of imported products to the Czech Republic.
Specific provisions on increased imports of textile products not yet incorporated
Save as otherwise provided in this Section, the general provisions on increased imports set out in Section 1 shall apply for the adoption of safeguard measures under this Section.
Increased imports of non-integrated textile products
Where textile products or clothing which are classified as not covered by GATT 199410 (hereinafter referred to as "textile product") and originate in a WTO Member State, they are imported into the Czech Republic in such increased quantities as to cause or threaten to cause serious injury to the domestic industry which produces like or directly competing products and where there is a causal link between such imports and the serious injury or the threat thereof, the Government may, by Regulation, adopt measures in respect of a single State or more States of origin.
Injury findings
(1) In determining the existence of serious injury or threat thereof, account shall also be taken in particular of the situation of the domestic industry concerned and of whether the increase in imports is sudden and substantial, actual or imminent. In so doing, the increase in imports originating in one or more States will be assessed individually and on the basis of the amount of imports compared with imports from other States, the market share of the products as well as the import prices and internal prices.
(2) In determining the existence of or threat to serious injury, technical modifications of textile products or changes in the interests of consumers shall not be taken into account.
Conditions and duration of application of the measure
(1) Where the safeguard measure on imports of non-integrated textile products takes the form of a quantitative restriction
(a) the quantity fixed may not be lower than the actual import amount of the textile product to the Czech Republic during the 12 months preceding the month of the initiation of the investigation;
Contents
ČÁST PRVNÍ
§ 1
HLAVA I
Díl 1
§ 2
§ 3
§ 4
§ 5
§ 6
§ 7
§ 8
Díl 2
Oddíl 1
§ 9
§ 10
§ 11
§ 12
§ 13
§ 14
§ 15
§ 16
§ 17
§ 18
§ 19
§ 20
§ 21
§ 22
§ 23
§ 24
§ 25
§ 26
§ 27
Oddíl 2
§ 28
§ 29
§ 30
§ 31
§ 32
§ 33
Oddíl 3
§ 34
§ 35
Díl 3
§ 36
§ 37
§ 38
§ 39
§ 40
§ 41
§ 42
§ 43
§ 44
Díl 4
§ 45
§ 46
§ 47
§ 48
§ 49
Díl 5
§ 50
§ 51
§ 52
§ 53
§ 54
§ 55
§ 56
§ 57
§ 58
§ 59
§ 60
§ 61
§ 62
§ 63
§ 64
Díl 6
§ 65
HLAVA II
§ 66
§ 67
§ 68
§ 69
§ 70
§ 71
§ 72
§ 73
§ 74
§ 75
HLAVA III
§ 76
§ 77
§ 78
§ 79
§ 80
§ 81
ČÁST DRUHÁ
§ 82
ČÁST TŘETÍ
§ 83
ČÁST ČTVRTÁ
§ 84
ČÁST PÁTÁ
§ 85
§ 86
ČÁST ŠESTÁ
§ 87
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Regulation Information
| Citation | Act No. 62 / 2000 Coll., on certain measures for export or import of products and on licensing and amending certain laws |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 28.03.2000 |
|---|---|
| Effective from | 01.07.2000 |
| Effective until | - |
| Status | Valid |
Legal Areas:
Customs law
Taxes
Finance
Economic (State)
International law
International public law
Commercial law
Fees
Industrial rights
Administration of state (national) property
Administrative authorities
Administrative law
Administrative procedure
State (official) control
Constitutional (state) law
Fundamental human rights
Agriculture
The regulation text is for informational purposes only.
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