Decree No. 74 / 2022 Coll.
Ordinance on the scope and manner of transmission of information to central registers by economic operators, competent authorities and administrations in the field of the marketing of timber and timber products
Valid
Order
Effective from 01.07.2022
Text versions:
01.07.2022
31.03.2022
74
DECLARATION
of 23 March 2022
on the scope and manner of transmission of information to central registers by economic operators, competent authorities and administrative authorities in the field of the marketing of timber and timber products
According to Article 3 (3) of Act No. 226 / 2013 Coll., on the marketing of timber and timber products, as amended by Act No. 206 / 2019 Coll., hereinafter referred to as "the Act ':
Scope of information transmitted by economic operators to the central register
The operator (1), which has an obligation to keep forest economic records on compliance with the mandatory provisions of the plan under the Forest Code (2), shall transmit to the central register information for the previous calendar year. The transmission to the central register is deemed to be completed by the operator by the transmission of forest economic records data under the Forest Code 2).
Scope of information transmitted by competent authorities and administrative authorities to the central register
(1) The competent authorities and administrative authorities shall transmit to the central register the information referred to in Article 3 (1) (b) of the Act to the following extent:
(a) the identification details of the economic operators, the name and, where applicable, the names and surnames, the place of residence or the number of the electronically legible identification document, in the case of legal persons, the identification number and, where applicable, the place of business, the business name or the name and address of the economic operator;
(b) the identification of the forestry operators, namely the name, code, area, economic operator who has rights and obligations of the owner to the forestry unit in question (3); and
(c) identification data of control organisation4), the name, address, identification number assigned by the European Commission.
(2) The Ministry shall send an annual report for the previous year to the Central Record for the European Commission5).
(3) The Regional Authority shall transmit to the central register, within the scope of point I. of the Annex to this Decree, information on the control and measures referred to in Article 6 (1) (a) to (e) of the Act.
(4) The municipal authority of the municipality with extended competence and the Military Forest Office shall transmit to the central register, to the extent specified in point II. of the Annex to this Decree, the information referred to in Section 6a of the Act.
(5) The inspection shall transmit to the central register the information referred to in Article 7 (b) and (c) of the Act to the extent specified in point III of the Annex to this Regulation.
Means of transmission to the central register by competent authorities and administrative authorities
(1) The competent authorities and administrative authorities shall transmit the information to the central repository as follows:
(a) the Ministry shall forward the information referred to in Article 2 (2) within 30 days of the submission of the report to the European Commission;
(b) the Regional Authority shall transmit the information referred to in Article 2 (3) within 30 days of the end of the inspection under the directly applicable European Union7), from the final imposition of corrective action under the directly applicable European Union6), from the acquisition of the legal power of a decision on an infringement or from the adoption of an immediate interim measure under the directly applicable European Union6),
(c) the municipal authority of the municipality with extended competence and the Military Forestry Office shall transmit the information referred to in Article 2 (4) within 30 days of the acquisition of the legal authority of the offence decision and the collected summary data from forest economic records by the end of April of the calendar year;
(d) the inspection shall transmit the information referred to in Article 2 (5) within 30 days of the finding of an infringement of the directly applicable European Union8), of the persons responsible for the infringement and of the final imposition of the fine.
(2) The competent authorities and administrative authorities shall transmit the information to the central register through the Internet application of the Ministry of Agriculture portal.
Repeal
Decree No. 285 / 2013 Coll., on the scope and manner of transmission of information to central registers by economic operators and public administrations in the field of the marketing of timber and timber products, is hereby repealed.
Efficacy
This Decree shall take effect on 1 July 2022.
Minister:
Ing. Nekula v. r.
Annex to Decree No 74 / 2022 Coll.
Scope of information registered by competent authorities and administrative authorities transmitted to the central register
I. Information transmitted by regional authorities to the central register
1. According to § 2 (3) [§ 6 (1) (a) of the Act]:
(a) the nature of the timber or timber products marketed (domestic production or import);
(b) the result of the check;
(c) in the event of deficiencies identified, information on the follow-up of the control by initiation of the action or infringement decision (6).
2. According to § 2 (3) [§ 6 (1) (b) of the Act]:
(a) the nature of the measures imposed (6);
(b) the time span of the measures imposed (6),
(c) the consequences of failure to comply with the measures imposed (6).
3. According to § 2 (3) [§ 6 (1) (c) and (d) of the Act]:
(a) the type and size of the administrative penalty (6);
(b) the payment of the fine if imposed (6).
4. According to § 2 (3) [§ 6 (1) (e) of the Act]:
(a) the extent of the measures imposed (6);
(b) the time range of the measures imposed (6);
(c) the consequences of failure to comply with the measures (6).
II. Information transmitted by the municipal authority of the municipality with extended competence and the Military Forest Office
According to Article 2 (4) (Article 6a of the Law):
(a) the extent of illegally harvested wood from domestic forest production, both in m3 of the volume of harvested wood and in ha of the area of production of the holin;
(b) the type of mining carried out - intentional, random, exceptional,
(c) the total annual volume of production by species.
III. Information transmitted by inspection
According to § 2 (5) [§ 7 (b) and (c) of the Act]:
(a) the extent of the infringement of the directly applicable European Union8);
(b) the type and size of the administrative penalty (6);
(c) the payment of the fine if imposed (6).
(1) Article 2 (c) of Regulation (EU) No 995 / 2010 of the European Parliament and of the Council of 20 October 2010 laying down the obligations of operators marketing timber and timber products, as amended.
2) Section 40 of Act No. 289 / 1995 Coll., on Forests and on the amendment and addition of certain laws (Forest Act), as amended.
3) Paragraph 58 (1) of Act No. 289 / 1995 Coll., as amended.
4) Article 8 of Regulation (EU) No 995 / 2010 of the European Parliament and of the Council, as amended.
5) § 5 (d) and (h) of Act No. 226 / 2013 Coll., as amended.
6) Article 10 (5) and Article 11 of Regulation (EU) No 995 / 2010 of the European Parliament and of the Council, as amended.
7) Article 10 (1) of Regulation (EU) No 995 / 2010 of the European Parliament and of the Council, as amended.
8) Article 5 of Regulation (EU) No 995 / 2010 of the European Parliament and of the Council, as amended.
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Regulation Information
| Citation | Decree No. 74 / 2022 Coll., on the scope and manner of transmission of information to central registers by economic operators, competent authorities and administrative authorities in the field of the marketing of timber and timber products |
|---|---|
| Regulation Type | Order |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 31.03.2022 |
|---|---|
| Effective from | 01.07.2022 |
| Effective until | - |
| Status | Valid |
Legal Areas:
Forests, Forestry
Administrative law
The regulation text is for informational purposes only.
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