About The Customs Administration Of The Czech Republic

Original Language Title: o Celní správě České republiky

Read the untranslated law here: https://portal.gov.cz/app/zakony/download?idBiblio=76570&nr=17~2F2012~20Sb.&ft=txt

17/2012 Sb.



LAW



of 8 March. December 2011



about the customs administration of the Czech Republic



Change: 407/2009 Sb.



Change: 164/Sb.



Change: 308/Sb.



Change: 344/Sb.



Parliament has passed the following Act of the United States:



PART THE FIRST



THE CUSTOMS ADMINISTRATION OF THE CZECH REPUBLIC



TITLE I OF THE



GENERAL PROVISIONS



§ 1



Authorities of the customs administration of the Czech Republic



(1) the customs administration of the Czech Republic (hereinafter referred to as "Customs Administration") is a system of

administrative authorities and armed security corps.



(2) the Customs authorities shall be established the Directorate-General of customs and

the Customs offices which are the administrative offices and departments of the State.



(3) the Directorate-General of Customs is subordinate to the Ministry of Finance (hereinafter

' the Ministry '). The Customs authorities are subordinate to the Directorate-General

Customs duties.



(4) the Directorate-General of Customs is the entity. The Customs authorities are not

business units and for the purposes of the management of State assets

accounting and labor relations have the status of internal

organizational units of the Directorate General of customs.



(5) the Income and expenses of the General Directorate of customs are part of the

the budgetary chapter of the Ministry.



TITLE II



THE DIRECTORATE-GENERAL OF CUSTOMS



§ 2



The territorial scope and registered office



(1) the Directorate-General of customs carries out the scope for the whole territory of the United

of the Republic.



(2) the seat of the General Directorate of Customs is the capital city of Prague.



§ 3



The Director-General



(1) the Directorate-General of customs controls ceo. General

the Director shall represent the Deputy Director-General.



(2) the Minister of Finance (the "Minister") appoints and removes the



and) Executive Director,



(b)) the head of the internal audit service of the Directorate General of customs.



(3) the Director General and his Deputy may only be a customs officer.



(4) the Director approves the organizational order of the customs administration.



§ 4



Material scope



(1) the Directorate-General of customs



and the scope of administrative authority) performs the closest superior customs

the authorities,



(b) the duty referred to in) converts directly applicable European Union regulation ^ 1)



(c)) provides that matters in the field of competence of the authorities of the Customs Administration

as for the cases of national or international importance,



(d) the customs authority), that has defined criminal matters

the order of the position of the police authority (hereinafter referred to as "authorized Customs authority '),

with regard to cases of national or international importance,



e) serves as the central unit of analysis for the purposes of risk analysis.



(2) the Directorate-General of customs duties is involved in the



and the preparation of draft legislation),



(b) the assurance of analytical and conceptual) tasks



(c)) the provision of related tasks by way of recourse to international agreements,

with the development of international relations and international cooperation, as well as the tasks,

for the Czech Republic resulting from international agreements and membership

in international organisations.



(3) the Directorate-General of customs in the area of international cooperation



and) performs the function of



1. the national coordination unit for mutual assistance and cooperation with

the authorities of other States and international organisations in the field of its

scope,



2. central contact authority responsible for cooperation in the field of

excise duties ^ 2)



3. Central Authority ensuring exchange of information between Member States

The European Union (hereinafter referred to as "Member State") and between the Member States

and the European Commission in the procedure for issuing a single permit or

the integrated permit,



4. authority responsible under international treaties, which is part of the

the rule of law (hereinafter referred to as "international agreement"), for the delivery of

documents or notification of decisions of the Customs authorities of other States



5. central contact authority, liaison agency or sub-

contact the Department concerned for the recovery of some financial receivables from

the credentials of the Ministry,



6. the liaison agency in the implementation of international cooperation in the management of

taxes, on behalf of the Ministry,



b) supervises



1. the persons about whom there are reasonable grounds for believing that infringing

the regulations state that the other Contracting Party of the international treaty

(hereinafter referred to as "the other party"),



2. the means of transport and containers, of which there are reasonable grounds for

suspect they have been, are or may be used in violation of the laws,

the legislation of the other party,



3. the movement of goods, which is known that could lead to substantial

violation of the legislation of the other Contracting Party,



4. the place, which is known to be associated with violations of the laws

the laws of the other Contracting Party,



c) accepts, in agreement with the Customs authorities of other States the necessary measures

allowing that with the knowledge and under the supervision of the authorities of the Customs Administration

illegal or suspicious shipments containing dangerous substances, and Affairs

reach the destination in the intact form, or fully or partially.

been switched.



(4) the Directorate-General of customs duties in the area of registration and statistics



and) is the administrator of the central information system of customs administration,



(b) maintain a central record of) controlled goods and other evidence, and

registers necessary for the performance of the Customs authorities,



(c)) is responsible for the proper functioning of the customs information system in the United

Republic and take the measures necessary to ensure compliance with

relevant laws and regulations in its use and maintain its

safety,



(d)) for the collection and processing of information about



1. goods to be assigned a customs-approved treatment,



2. trade within the European Union, for the purposes of this Act,

means the trade in goods between the Czech Republic and the other Member State

The European Union (hereinafter referred to as "other State") under the conditions laid down

directly applicable European Union law ^ 3),



3. selected products on which excise duty excise

Dani.



(5) the Directorate-General of customs



a) secures for the purposes of customs administration, organs of financial management

The Czech Republic (hereinafter "the institutions of the financial management") and the Ministry of

laboratory examination and analysis of samples of goods,

kriminalisticko-technical examination, forensic analysis and analyses,



(b)) for the purposes of teaching, training, testing and expert activities or for

the performance of other activities in the exercise of its competence of holds, stores and

uses



1. selected products



2. the substances and things regulated under other legislation,

in particular, explosives, explosive articles, narcotic drugs and psychotropic substances,

drugs, poisons precursors, counterfeit money, valuables and securities (hereinafter referred to as

"dangerous substances and things"),



3. goods infringing intellectual property rights,



(c)), in cooperation with the public authorities in particular, technically

secures the use of intelligence and security equipment or

tracking people and things, if the competent public authority shall demonstrate that

use is authorised under other legislation,



(d)) when carrying out its tasks shall cooperate with the armed forces and

Security Corps.



§ 5



Internal activities



The Directorate-General of Customs is examining, through special

the inspection body of a suspected infringement of customs or

civilian employees of violations

arising from their business or employment.



TITLE III



THE CUSTOMS AUTHORITIES OF THE



§ 6



The territorial scope and registered office



(1) the Customs authorities are



and for the main customs office) of the city of Prague,



(b)), the Customs Office for the central region,



(c) the customs authority) region of South Bohemia,



d) Customs Office of for the Pilsen region,



(e)), the Customs Office for the Karlovy Vary region,



(f)), the Customs Office for the region,



(g)), the Customs Office for the Liberec region,



(h)), the Customs Office for the Hradec Kralove region,



I) Office for the Pardubice region,



(j)), the Customs Office for the Vysočina region,



k) Office of for the South-Moravian region,



l) Office for the Olomouc region,



m), the Customs Office for the Moravian-Silesian region,



n) Office for the Zlín region,



about the Office of Prague Ruzyně Airport).



(2) the Customs Office shall ensure that the competence on the territory of a higher regional

Government unit whose name is part of the name of the Customs Office, with the

the exception of parts of the territory of a higher regional self-governing unit, which are

part of the territory of the customs area of the Customs Office Prague Ruzyně Airport.



(3) the Customs Office Prague Ruzyně Airport shall exercise competence on the territory of customs

the area of the Customs Office Prague Ruzyně Airport.



(4) the seat of the Customs Office is the seat of a higher regional self-governing unit,

whose name is part of the name of the Customs Office. The seat of the Customs Office Prague

Ruzyně is the capital city of Prague.



(5) if there is a change in the territory of the higher territorial self-governing units, it changes

is the territorial scope of the offices, and from the first day

the calendar year following the date on which the Act came into effect,

amending the boundaries of the higher territorial self-governing units, unless the

entered into force on the first day of the calendar year.



(6) the Territorial departments of the Customs Office which is not in his seat,

the Ministry shall determine by Decree.



§ 7



The Director of the



The Office of the Director of the controls, which can only be a customs officer. The Director of the


represented by the Deputy Director, which can only be a customs officer.



§ 8



Material scope



(1) the Customs Office shall ensure that



and the scope of,) if another law or directly applicable

Regulation of the European Union, that is exercised by the Customs authorities,



(b) the management of customs,)



(c)) the management of taxes and other cash transactions, if provided for by a different legal

prescription.



(2) the customs authority is



and according to the tax administrator) the General administrative procedure and carries out the administration of the payment of

the cash transaction within the divided administration, which are receiving State

budget, State funds or the budgets of territorial self-governing units,



(b)) responsible for the customs authority, unless the cases of national or

of international importance.



(3) the Customs Office is involved in the tasks related to the development

international relations and international cooperation, as well as the tasks that

with regard to the Czech Republic from international agreements and membership of the

international organisations.



(4) the Customs Office in the field of international cooperation



a) supervises



1. the persons about whom there are reasonable grounds for believing that infringing

the legislation of the other party,



2. the means of transport and containers, of which there are reasonable grounds for

suspect they have been, are or may be used in violation of the laws,

the legislation of the other party,



3. the movement of goods, which is known that could lead to substantial

violation of the legislation of the other Contracting Party,



4. the place, which is known to be associated with violations of the laws

the laws of the other Contracting Party,



(b) adopt, in agreement with) by the Customs authorities of other States the necessary measures

allowing that with the knowledge and under the supervision of the authorities of the Customs Administration

illegal or suspicious shipments containing dangerous substances, and Affairs

reach the destination in the intact form, or fully or partially.

confused,



(c)) from the Ministry performs the function of the incremental credentials, contact the institution or

contact the Department concerned for the recovery of certain financial claims,



(d) credentials of the Ministry) performs the function of a contact authority in implementing

international cooperation in the administration of taxes.



(5) the Customs Office, in cooperation with the public authorities in particular, performs

assistance activity, which for the purposes of this Act, a support

provided by the Customs Office to another body or to the institution of customs administration

financial management, Ministry or Office of the Government representation in

matters of property on the basis of their request, and to the extent necessary for the

the exercise of their competences, in the form of



and the provision of information and documents),



(b) persons to control demonstrations) under other legislation, with the exception of

soldiers in active service and members of the security forces,



(c)) ensure the protection of persons and property,



d) ensure compliance with the public order in rooms or spaces

intended for the use of these authorities.



(6) the Customs Office



and customs space) provides for the Customs Office and regulates the movement of people and

means of transport in this area; of the customs territory of the Customs Office

Prague Ruzyne Airport can be established only with the consent of the Director,



(b)) keeps records of the controlled goods and leads for more evidence, and

registers,



(c)) for the purposes of teaching, training, testing and expert activities or for

the performance of other activities in the exercise of its competence of holds, stores and

uses



1. selected products



2. dangerous substances and things



3. goods infringing intellectual property rights,



d) issues



1. a certificate of competence of means of transport, with the exception of railway

vehicles for the transport of goods under Customs seal, and validates this

eligibility even after issuance of the certificate,



2. the certificate of fitness for the carriage of containers of goods under customs

seal and verify this capacity even after the issue of the certificate,



e) checks



1. the catch certificate and decides on its verification upon import or

the re-export of products of sea fishery by directly applicable

Regulation of the European Union ^ 4),



2. The FLEGT licence for the import of wood by directly applicable legislation

The European Union ^ 5) and decides, in cooperation with the Ministry of agriculture

the verification of this license,



(f)) for the goods unlawfully imported or export or odňatém

Customs supervision and checks for persons who



1. the goods from customs supervision have been withdrawn,



2. is this withdrawal took part in, or



3. this item held or acquired.



§ 9



The substantive scope of the selected Customs offices



(1) the Customs Office for the Olomouc region, issued on the basis of the application of binding

tariff information and binding information is deleted.



(2) the Customs Office for the South-Moravian region



and) issues, changes or repeals decision



1. the Declaration of part of the territory of the Czech Republic in a free zone,



2. on the establishment of a free warehouse,



(b)) when placing and approving construction of any building in a free zone

the concerned authority to issue binding opinions



(c)) shall decide on the grant of permission to be the guarantor and to issue customs documents

for a particular customs procedure or kind of transport of goods according to the international

of the Treaty.



(3) the Customs Office for the region of South Bohemia



and) issues, suspended or revoked



1. the certificate of authorized economic operator by directly

of the applicable legislation of the European Union ^ 6)



2. the certificate of authorized economic operator by directly

of the applicable legislation of the European Union ^ 7),



(b)) checks that the conditions that the authorized economic operator

or authorized economic operator must comply, still occur after the release of

the certificate,



c) decide on the waiver in the mode

transit ^ 8) and on renewal, amendment or withdrawal of the exemption

obligations,



(d)) decides on the authorization of the guarantor and the use of the comprehensive guarantee and the

renewal, amendment or withdrawal of such authorization.



(4) the Customs Office for the city of Prague decides on the approval of the guarantor

for individual guarantee by using the voucher.



(5) the Ministry shall issue a decree a minimum threshold for the number of

and the volume of import operations, which are sufficient for the issue of a certificate

authorized economic operator by directly applicable legislation

The European Union ^ 9).



§ 10



Specific provisions on territorial jurisdiction



(1) If you cannot determine the territorial jurisdiction of a Customs Office in another

the law is the locally competent Customs Office for the city of Prague.



(2) to perform acts pursuant to other legislation in the production,

packaging, storage or register of ethyl alcohol is the locally competent Customs Office, in

whose territorial jurisdiction is ethyl alcohol produced, translated or stored.



TITLE IV



SPECIAL PROVISIONS FOR PROCEEDINGS



§ 11



Specific provisions on access to the file when managing taxes



(1) the tax body access to the file may be exercised either in

the headquarters of the customs administration, the competent authority or on its territorial

workplace, depending on where is the file or its relevant part

located.



(2) the competent authority, on request of the customs administration shall immediately inform the

the tax entity, at what point is placed his file or its relevant

part.



(3) the competent authority of the Customs Administration at the location of the file or its competent

section into account in particular the availability of the file for the taxable person and the

the economics of tax administration performance.



§ 11a



Special provisions concerning the provision of information



Responsible for the customs authority designated by the Director may for the purposes of

criminal proceedings or for the purposes of criminal proceedings to require the

the tax information obtained in the administration of taxes, if it is necessary for the

the performance of a specific task in the area of the fight against crime in the

where the Customs authorities by law enforcement authorities in criminal proceedings.

Provision of the information referred to in this provision is not a violation of the obligations of the

confidentiality under the tax code.



PART TWO



CONTROL, PROTECTION OF THE NAME AND DESIGNATION OF THE CUSTOMS ADMINISTRATION



§ 12



Review



(1) the Customs Authorities shall accept a warning of natural and legal

people on the shortcomings in the activities of the customs administration, customs officer or

of the civil employee, or to the fact that the customs officer or civil

employee guilty of conduct that constitutes a criminal offence,

the administrative offense or a disciplinary offence.



(2) the Authority of the customs administration within 30 days from the date of receipt of the notice shall inform the

the person who has made and asked for the provision of such information,

the measures taken. Notification of the fact, suggesting that he was

committed a criminal offence, shall remain unaffected.



section 13 of the



Protection of the name



The words "Customs Administration" or their translations, or words derived from them

must not be contained in the



and business company)



(b) the name of the entity),



(c) the name of the institutions or organizational) folders, legal persons and other

organisations,



(d)) the labelling of products or services, or



e) marking, used in the activities of natural or legal

of the person.



§ 14



Business uniform, markings and badges



(1) the customs officer shall perform service in the uniformed service of the customs administration, or in the

civil clothing, depending on the nature of the specific activities and the need to

the efficient performance of customs authorities.



(2) the Business uniform of a customs officer is authorized to wear just the customs officer. Former


the customs officer may, with the consent of the Director-General to wear business

uniform with a distinguishing designation at appropriate occasions.



(3) the Customs Administration may use special colours and markings

their official vehicles.



(4) the Ministry shall issue a decree



types and designs) uniforms,



b) patterns of badges of the customs administration,



(c)) the way the outer labelling of the customs administration,



(d) special colour designs) and the designation of official vehicles

the customs administration,



e) conditions for granting approval to wear the uniforms for service with the

a distinguishing designation, designation and distinct pattern suitable opportunities

in accordance with paragraph 2.



PART THREE



PERFORMANCE OF CERTAIN FUNCTIONS, RESPONSIBILITIES, POWERS AND RESOURCES OF A CUSTOMS OFFICER AND

OF THE CIVIL EMPLOYEE



TITLE I OF THE



GENERAL PROVISIONS



§ 15



The customs officer and the civil employee



(1) the scope of the customs administration authorities exercise customs officers, which are

physical persons performing service in customs administration according to law

governing the service of members of security forces.



(2) the scope of the Customs authorities carry out further civilian employees,

Governing for the purposes of this Act, a natural person engaged in

the customs administration of the activities of the employment relationship.



section 16 of the



Legal proceedings in the bodies of the Customs Administration



(1) the Legal acts on behalf of the State in all matters within the institutions of the Customs Administration

only the Director-General or his representative.



(2) in the cases provided for by an internal regulation of the customs administration or to the

the basis of the written mandate of the Director General can legally Act

on behalf of the State and another Customs officer or civil employee.



§ 17



Prerequisites to perform certain functions



For the performance of the functions of the Director of the authority of the customs administration and his Deputy and other

features up to the level of the head of the territorial departments or other

organizational unit of the customs authority must, in addition to a customs officer the assumptions

provided by law for service of members of security forces

meet the other prerequisites as defined by law, laying down some of the

other assumptions for the performance of certain functions of the obsazovaných provisions of the

or the appointment of members of the police of the Czech Republic (hereinafter referred to as

"the police"), and members of the prison service of the Czech Republic.



TITLE II



BASIC OBLIGATIONS



section 18



Courtesy



The customs officer and the civil employee in the performance of the scope of customs authorities

the administration shall be obliged to observe the rules of courtesy and of honor, dignity and

dignity of persons as well as their own.



§ 19



The adequacy of the procedure



The customs officer and the civil employee are required to



and to ensure that anyone) as a result of their procedure did not produce undue

the injury,



(b)) to ensure that their decision not to implement the Act to persons who suffered

whose safety is at risk, undue injury



(c)), so that any interference with the rights and freedoms of persons to whom a

their action is directed, or persons of non-participating does not exceed the level of

necessary to achieve the purpose pursued by that Act.



section 20



Proof of nationality



(1) the customs officer is obliged to demonstrate in the performance of services belonging to the customs

Administration.



(2) the customs officer who wears in the performance of services business uniform, shows

belonging to the customs administration of the staff to be a uniform, which is equipped with a

the identification symbol of the customs administration.



(3) in the event that a customs officer in the performance of business services do not wear a uniform,

demonstrating the affiliation to the customs administration of staff identification and oral

the statement "Customs Administration". The Ministry shall issue a decree Essentials

and the model of professional card and the mode of proof customs jurisdictions

manage the staff ID card.



(4) only an oral statement "Customs Administration" shows the customs officer

the jurisdiction of the Customs Administration in exceptional cases where circumstances

the staff regulations do not allow this procedure to demonstrate professional competence

to be a uniform or staff ID card. In such cases, the customs officer

proves the staff ID card immediately afterwards, when the circumstances of the

service procedure allows.



(5) the obligation to prove membership of a Customs Administration does not have a customs officer that

This jurisdiction of the justifiably obscure.



(6) the civil employee in the exercise of the competence of the authorities of the Customs Administration

shows evidence of the civil employees and an oral customs declaration "

Administration ". The Ministry shall issue a decree and laissez-passer

the civil employees and the mode of proof of belonging to the customs administration of the

identification of the civil employee.



TITLE III



THE OBLIGATIONS OF A CUSTOMS OFFICER



section 21



Obligations for business operations



(1) the staff act is an act of a customs officer pointing to the performance of

authorities of the customs administration.



(2) the staff intervention is a business operation, in which experiencing direct

the enforcement of the obligation, or to protect the rights and other legitimate

interests, for the use of force or weapons.



(3) the staff surgery under a single command is a business procedure in accordance with

paragraph 2, in which it participates more Customs officers, zakročujících

the use of coercive means or weapons authorized Customs officer shall decide

management of the staff. On the use of coercive means or

weapons at the operative site can decide whether or not a parent of a customs officer

responsible for the management of the staff of the surgery that this decision takes

management of the staff of the surgery until the end of the procedure. The decision to use

coercive means or weapons must be zadokumentováno on the

audio, image, or the written record.



(4) The customs official responsible for management of the staff of the surgery, which took the

the use of force or weapons, in accordance with paragraph 3,

the obligations of Customs officers under section 46 and 47.



section 22



Obligation to advise him



If it is a business action associated with interference to the rights or freedoms of the people, it is

the customs officer conducting a business operation, the nature of the permit or

the circumstances of the staff regulations of the Act, the following persons shall be obliged to learn about the legal

the reasons for leaving the Act and their rights; otherwise, it is

will learn later, as soon as circumstances of the staff of the Act allows.



Article 23 of the



The conditions for the implementation of the staff regulations of the Act



(1) the customs officer on duty shall, within the limits of this Act, make a business

the Act, where appropriate, to take other measures necessary for the implementation of the staff regulations

the Act, in particular, inform the nearest customs body or Department

the police, if perpetrated a criminal offence or an administrative offence, or if the

reasonable suspicion of committing them.



(2) the customs officer has the obligation under paragraph 1, even outside of the service, if

immediately at risk the life, health or freedom of persons or property

or if there is an attack on these values.



section 24



The ban on the implementation of the staff regulations of the Act



The customs officer does not make a business Act, if



and) prevents it obligation to comply with another task, whose failure would cause the

apparently more serious consequences than the non-implementation of the staff regulations of the Act, in particular

If



1. performs business tasks, which used operatively-search resources

or support operatively-search resources,



2. chasing the offender,



3. zakročuje under a single command,



4. the šifrovou shall exercise or a courier service, which could lead to

the threat of early transmission of encrypted messages or to the

of the goods,



5. ensure the safety of persons, or the protected object space



6. conducting training and preparation to use operationally the search resource

or support resource search, operatively or



7. gets the knowledge of the environment in which it can reasonably be expected

to obtain knowledge relevant to preventing, detecting and documenting

criminal behaviour, to identify their perpetrators and to prevent

a criminal act,



(b)) for their implementation was not professionally trained, or trained, and if

the nature of the Act in such a professional trained staff or trained

requires



(c)) are its ability to be reduced as a result of his State of health or

the influence of drugs or other substances so that proper execution or completion of

the staff regulations of the Act would be jeopardised, or



(d)), it is clear that the business operation cannot complete successfully.



§ 25



Challenge



(1) the customs officer is in the implementation of the staff regulations, the procedure shall, if the nature of the

and circumstances permit, the service procedure, use the corresponding challenges.



(2) where the nature of the staff regulations, the procedure requires, the customs officer before

the challenge of the words "name of the law!".



(3) everyone is obliged to obey the challenges zakročujícího customs officer.



section 26



Exemption from the obligation to advise him and the obligation to establish jurisdiction



Circumstances, that does not allow a person of their rights guidance under section 22,

or use that does not allow challenges pursuant to § 25 para. 1, or that

does not allow to establish the jurisdiction of the customs administration, in particular,

the immediate attack by a customs officer or an imminent threat to the life or

the health of other persons.



section 27 of the



Obligation of secrecy



(1) the customs officer is in addition to the confidentiality provided for tax regulations shall be obliged to

also observe the confidentiality of the facts, with whom he met when

performance of customs authorities or in connection with them, and that

in the interests of the scope of the Customs authorities, or in the interest of other people


require that the secret before by unauthorized persons. This obligation

After termination of service.



(2) each person customs or customs officer shall request the provision of

to help, he is obliged, if it was duly advised of confidentiality about all

What is in the context of the requested or granted by the learned.



(3) the obligation of secrecy cannot be relied on against the police-customs officer

authority, Prosecutor, Court, other potential congregation, customs,

the police or similar authority of the Member State or the institution which

exercises supervision in the area relating to the competence of the Customs authorities,

as regards the information necessary for the performance of their responsibilities.



(4) the obligation of secrecy imposed under this Act is entitled to

exempt the customs officer or person referred to in paragraph 2, the Director-General

or authorized senior employee of the Directorate General of customs.

The Director-General shall discharge all secrecy imposed under this Act,

the Minister or authorized senior employee of the Ministry.



TITLE IV



THE PERMISSION OF A CUSTOMS OFFICER



section 28



To require explanation



(1) the customs officer is entitled to request necessary explanations from the person, and

Alternatively, invite her to attend at the specified time on a specified

Instead, in cases where this person may contribute to the clarification of the facts

important for



and the detection of the offence or) of the administrative offense related to the

violation of legal regulations in the field of competence of the authorities of the customs administration,

or



b) detection of the offence or administrative offence related to the

violation of legal regulations in the field of competence of the authorities of the customs administration, and

their perpetrators, which occurred outside the territory of the Czech Republic on the territory of the

The European Union or of a State, with which the Czech Republic has concluded an

International Treaty on cooperation and mutual assistance in the customs field.



(2) the explanation submitted pursuant to paragraph 1 shall draw up a customs officer of the official record.



(3) an explanation may deny a person who would eat each other or to the person in

caused the risk of criminal prosecution or risk penalties for administrative

offense. The explanation may be required from the person who broke it

the state saved or recognised by the obligation of professional secrecy, unless the

exempted from this obligation by the competent authority or a person in whose

the interest of this obligation. A customs officer is obliged to instruct the person in advance

the Deny option for an explanation.



(4) when making an explanation has every right to legal aid.



(5) Who will come for the challenge referred to in paragraph 1 shall be entitled to reimbursement of the

the necessary expenses and compensation for loss of earnings. Compensation provides the General

the Directorate of customs. Entitlement to the refund is not the one who arrived just in

own interest or for their illegal activities. Entitled to reimbursement

shall cease if the person does not exercise it within 8 days from the date of the invitation

referred to in paragraph 1. The person must be advised in advance.



(6) If a person fails to comply without showing sufficient cause or without serious reasons

the invitation referred to in paragraph 1, may be presented to the nearest authority celníkem

the Customs Administration to draw up the official record of the filing of an explanation. Official

a record of the submission of the explanation must be drawn up with the person without undue

delay after its presentation; After writing the customs officer, the person shall be released.



(7) for a demonstration draws up the official record of the customs officer.



section 29



To require proof of identity



(1) proof of identity means in particular prove name, date

birth and if necessary also the address of residence, address

the place of stay or residence address abroad, social security number and State

jurisdiction. The scope and method of detection of personal data must be

suitable for the purpose of identification.



(2) the customs officer is entitled to demand proof of identity of the person if



and) is suspected of having committed a criminal offence or an administrative offence in

compliance with the legislation in the field of competence of authorities

the customs administration,



b) corresponds to the description search or missing persons,



(c)) is required from her explanation under section 28,



(d)) your pursuant to the provisions of this Act or other legal

prescription,



(e)), it carried out customs control or customs control by directly

of the applicable legislation of the European Union,



f) enters the space, premises and equipment used by the Customs authorities of the

Administration, Department of financial management, the institutions or by the

the Government representation in property Affairs, in which the authorities of the Customs Administration

ensure compliance with the public order,



g) is by the notifier,



h) consists of the performance of activities in the area of payment transactions and cash

the activities of the general tax administrator, or



I) is carried out to check the customs administration authorities according to law

regulations pertaining to the scope of their competence.



(3) the customs officer shall transmit without delay to the police person, that when

the discovery of the identity of a reasonable suspicion that the person

you are looking for. A customs officer shall inform the police without undue delay if, during the

the identification of finds that a person is missing.



(4) the refusal of the person referred to in paragraph 2, establish their identity or

If he can't prove it, even after the previous provide the necessary synergies

to prove his or her identity, the customs officer shall be entitled to this person to show off on the

the authority of the Customs Administration to conduct business operations in order to determine its

identification and clarification of the matter. After establishing the identity of persons customs officer

his demonstrated the person be released, unless the legal reasons.



(5) if the customs officer does not detect the identity of the person submitted pursuant to paragraph 4 to 6

hours of presentation, nor on the basis of information provided by or in

the registers maintained under other legislation, or if the

the suspicion that a person submits false information presented to them,

passes it to the nearest police authority.



(6) for a demonstration and carried out business operations, the customs officer will draw up the official

record.



section 30



Ensure the person



(1) a customs officer is authorized to ensure the person who



and act immediately endangers) their life or the life or

the health of other people,



(b)), to be presented under other legislation,



(c)), in rooms or areas intended for use by the Customs authorities of the

Administration, Department of financial management, the institutions or by the

the Government representation in property Affairs, in which the authorities of the Customs Administration

ensure compliance with the public order, acts violently or verbally

insulted by a customs officer or by another person or intentionally pollutes or damages

facilities or property of the State,



d) is suspected of having committed a criminal offence or an administrative offence,

If there is reason to fear that will continue in the infringement or

obstruct proper clarification of the matter, or



e) corresponds to the description the person sought.



(2) if the reasons for the seizure, a customs officer shall person is immediately

lay off.



(3) Collateral can take a maximum of 24 hours from the moment of restriction of personal

freedom.



(4) after securing the customs officer shall at the request of detainees without

delay, notify the person of that fact, or another her

the specified person. If this is a person under the age of 18 years, the customs officer shall, without

delay, inform that person of the legal representative and the competent authority

the socio-legal protection of children.



(5) if the customs officer shall ensure that the person you are searching for or a person suspected of having committed

the offence, which is not in the scope of the scan, the Customs authorities of the

Administration, shall be forwarded without delay to the competent service of that person by the police.



(6) to ensure the person draws up the official record of the customs officer.



section 31



Permissions to limit the movement of aggressive people



(1) a person who physically attacks another person or a customs officer or harms

Foreign assets, or try to escape, may be limited by the possibility of free

the movement of your attachment to a suitable subject.



(2) restrictions on free movement can only take over the person from

dropping or violent behavior before it is forwarded to the authorities of the police, not more than

However, 2 hours.



(3) the reasons for restrictions on the free movement of the customs officer will draw up the official record.



§ 32



Permission to use the technical means to prevent the departure of the vehicle



(1) a customs officer is authorized to use coercive pursuant to § 44

paragraph. 1 (b). (f)) of the technical means to prevent the departure of the vehicle



and secured, or withdrawal) of dismantled according to another legal

Regulation, or



(b)) at its control celníkem; the driver of the vehicle in which the control

must be carried out on the use of technical means to prevent the departure of the

the vehicle beforehand.



(2) the technical means to prevent the departure of the vehicle due to the

referred to in paragraph 1 cannot be used in the case of a vehicle which consists of

an obstruction on the road.



(3) the technical means to prevent the departure of the vehicle cannot be used

in the case of a vehicle of the armed forces, security corps, fire

protection, vehicle intended for provision of medical services, vehicle

people with disabilities or persons enjoying privileges and immunities in accordance with other legal

Regulation or international agreement.



(4) the technical means to prevent the departure of the vehicle shall immediately

Deletes the



and) is decided to return the seized vehicles, or



(b)) after the checks referred to in paragraph 1 (b). (b)), if you


control of the vehicle under any other law.



(5) on the use of technical means to prevent the departure of a vehicle

paragraph 1 shall not apply the provisions of § 44 para. 2 to 4.



§ 33



Permission to remove the weapon



(1) if there is reasonable suspicion that the person has a gun, which would

could be wrongly used to violence or being threatened with violence or

could jeopardize your life or health or any other person, the customs officer

entitled to this suspicion to check a tour and then this weapon

remove, if the person



and předváděnou or assured authorities) of the customs administration,



(b)) that is implemented in a customs control or customs control by directly

of the applicable legislation of the European Union,



(c)) that enters the space, rooms or equipment for

the use of customs, Department of financial management, the institutions or

The Office of the Government representation in property Affairs, in which the customs

authorities ensure respect for public order,



(d)) that is provided by the activities in the field of payment of cash

the performance of the authorities of the customs administration and the activities of the general tax



(e)) for which the check is carried out by the authorities of the customs administration by law

regulations pertaining to the scope of the Customs authorities, or



(f)) which came to submit an explanation under section 28.



(2) the Weapons referred to in paragraph 1 shall mean anything is possible to attack

against the body to take stronger.



(3) the customs officer will draw up the official record.



(4) the person who issued the weapon or which has been removed, the customs officer shall issue a

without undue delay in the confirmation of the removal.



(5) unless the legal reasons, a customs officer that is dated or had a gun

Returns as soon as it passed the reason for her release or removal. The person is

required to return the weapons to confirm signature.



§ 34



The authorisation to prohibit entry into designated areas



(1) if required to meet a specific task, the customs officer shall be entitled to

instruct everyone to after the necessary period



and enter it on the celníkem),



b) absence from the specified location, or celníkem



(c)) remained on celníkem place, where there is a serious threat to life

or health.



(2) for the indication of celníkem designated point or border may be

used technical means. If the technical means used

belt marked "Customs Administration", it is a statement referred to in paragraph 1.



(3) the types of technical means and how to use them down

Ministry decree.



§ 35



Permissions to control persons, means of transport and postal and other

consignments



(1) in the performance of the scope of the authority of the customs administration, the customs officer shall be entitled to



and stop the person and transport) resources



(b)) to perform a check of the persons, baggage, vehicles, their

the costs of shipping and accompanying documents and mailing and other

shipments.



(2) for the control of persons, vehicles and their loads and

postal and other consignments, the customs officer is authorized to



and use special x-ray) or other detection technique



(b)) to perform a personal tour; personal tour performs for person

This tour is to be carried out, the customs officer of the same gender, unless it is a

required an immediate operation to search for weapons,



(c)) to perform a collection of sweat examination guidance.



(3) the customs officer is also entitled to require professional medical examination to

detection of illegally transported addictive substances, including blood sampling,

urine, saliva or sweat, even in the case that a person cannot be in advance for her

health status, to leave their respective acts invite.



(4) the Acts referred to in paragraph 2 (a). (c)), or paragraph 3 a person is

required to submit to, if it is not associated with a risk for the health.



(5) when stopping vehicles progresses as customs officer

Member of the police.



(6) if so required by the operating conditions or the need for the effective implementation of

control of the road transport vehicle and its load referred to in paragraph

1, are the people, in which the inspection is carried out shall, on its own

remove the risk and expense of the road means of transport to the

the nearest suitable place provided for celníkem where you can check the traffic

the device and its cargo efficiently perform.



(7) the State is not liable for damage that occurred delays traffic

resource, or postal or other shipments as a result of the checks referred to in

paragraphs 1 and 6; provisions of the Act on liability for damage caused by

in the exercise of public authority by a decision or incorrect official procedure

This does not affect.



(8) the Permission of a customs officer to review the postal and other consignments according to

paragraph 1 shall not apply to postal and other consignments, the content of which

covered by the confidentiality of correspondence.



section 36



Permission to record production



A customs officer is entitled, if it is necessary for the performance of its tasks, take

audio, image, or other records of persons and objects on the

locations of publicly available and sound, image or other record of

during the Act.



§ 37



Permissions to perform tasks on the territory of another State



(1) a customs officer is authorized to exercise the scope of authority of the Customs Administration on the territory of the

another State in the manner and to the extent and under the conditions established by the international

the Treaty.



(2) the person in charge of the customs authority of the other State is entitled to exercise

the scope of the authority of the Customs Administration on the territory of the Czech Republic in a way in

the extent and under the conditions provided for by an international agreement.



TITLE V OF THE



THE USE OF SUPPORTING OPERATIONALLY SEARCH RESOURCES



§ 38



Permission to use supporting operationally search resources



A customs officer is in prevention, in acquiring knowledge about

crime, in connection with proceedings concerning offences and when

performance of customs authorities, pursuant to international agreements

entitled to use support operatively-search resources, which are

covering resources, security technology, special funding

and the use of an informant.



§ 39



Covering the resource



Cover means means the thing, including the cover of the document space or

activity for the concealment of the actual identity of the person, to prevent

disclosure of its activities or the concealment of the activities of the authority of the customs administration.



section 40



The cover document



(1) a cover document means a Charter, or other document serving

to the concealment of the actual identity of the person, to prevent disclosure of activities,

the covering of a resource or security equipment, to the concealment of the activities

the authority of the customs administration, or for any other similar purpose.



(2) a cover document must not be a Deputy or Senator card, Member

the Government, the members of the Bank Board of the Czech National Bank, Member of the College

The Supreme Audit Office and the judge of the Constitutional Court, the service card

the judge and the Prosecutor, and document a person living or deceased.



(3) on the issue of the cover of the document shall be decided by the Minister; This issue of technically

secures the Ministry of the Interior.



(4) If this is due to the nature of the cover of the document to the Ministry of

the Interior of the cover when the procurement or issue of the document to the extent necessary

ensure that information systems maintained in accordance with other legal

the laws of insert, change, or delete the information and in

justified cases, the blocking of such information. This information is

especially not, and lead, together with any personal information unless

Ministry of the Interior provides otherwise.



(5) the public authorities, at the request of the Ministry of the Interior shall issue cover

document and in connection with the provision, use and termination of his

the use shall carry out the necessary measures. While progress so as to avoid

to the disclosure of the activities of the Ministry of the Interior or the authority of the customs administration.



§ 41



Safety technology



Security technology means the technical resources, equipment and

the files that are used in order to ensure the protection of assets and

to avoid tampering with the goods and, Furthermore, to document

facts indicating violations of the legislation in the field of

the scope of the authorities of the customs administration.



§ 42



Special funding



(1) Special funds are earmarked financial

the resources used for the payment of certain expenditure in relation to the

the use of search and other resources to flexibly support

operatively search resources. On the management of specific financial

resources not covered by the legal provisions applicable to the management of

funds of the State.



(2) the customs officer handle with special funds is obliged to

dispose of them economically and properly in accordance with the purpose for which they were

provided.



(3) rules for management of the special funds provides

on a proposal from the Director-Minister.



§ 43



The informant



(1) the Informant is a physical person providing the customs administration authorities

the information and services in a way that has not been divulged to her

cooperation with the authorities of the customs administration.



(2) the Informant can provide for its operations, financial or material

reward.



TITLE VI OF THE



THE USE OF COERCIVE MEANS AND WEAPONS



§ 44



Law enforcement resources



(1) law enforcement resources are



and) chords, punches or kicks,




(b)), slzotvorný, electric or other similarly, temporarily incapacitating

resource,



c) baton, or other means of attack,



(d)),



e) dog,



(f)) the technical means to prevent the departure of the vehicle,



g) stopping the belt and other means to stop the vehicle, forced



h) blow gun



I) threat of missiles by the gun,



j) warning shot



emergency výbuška,)



l) means to prevent spatial orientation,



m), displacing the vehicle.



(2) law enforcement resources is a customs officer is entitled to use in order to protect

public order in rooms or areas used by the Customs authorities of the

Administration, Department of financial management, the institutions or by the

the Government representation in property Affairs, in which the authorities of the Customs Administration

ensure compliance with the public order, and in the interest of protecting

safety of persons and property of his own, against the person, that such persons

and assets.



(3) before using coercive means is a customs officer shall invite the

a person against which zakročuje to refrain from infringement, in

warning that it will be applied to any of the law enforcement resources. It

does not apply in the case of coercion, the nature of which use challenges

does not allow. From the alert prompts may refrain just in case that it is

vulnerable to his life or health or the life or health of another person and thing

does not tolerate delay.



(4) as to which of the coercive means used shall be decided by the customs officer

According to the specific situation to achieve the purpose pursued by the staff

the surgery; in doing so, it's such an enforcement of the resource that is

absolutely necessary to overcome the resistance of the person who commits

of the infringement.



(5) the customs officer is obliged to ensure that the use of coercive

did not cause injury to the person clearly disproportionate to the nature and hazards

of the infringement.



§ 45



The use of weapons



(1) a customs officer is authorized to use the gun only



and in the case of necessary self-defence) or in dire need,



(b) if the dangerous offender), against which the zakročuje, on its

challenge or is reluctant to leave his hiding place,



(c)) if it cannot be otherwise overcome active resistance to defeat its

serious service procedure



(d)) to prevent escape of dangerous offenders, which cannot other

in a way,



e) that turned away a dangerous attack, threatening the protected object authorities

the customs administration of the Ministry, or the object of the authorities the financial administration or

The Office of the Government representation in property Affairs, in which the Customs authorities

ensure compliance with the management of public order, after a futile challenge to

was dropped from this attack,



(f)) in order to stop the vehicle, whose driver

to recompress the prompt or sign given under other legislation

do not stop and if you cannot stop it any other way,



(g)) in order to dismantle the animal immediately endangering the life or health of people

or immediately threatening the life and the health of other animals,



h) if the person against whom coercive means was used for threats

facing a firearm or coercive means of warning shot,

the rest of the commands of a customs officer to ensure the safety of its

own or any other person.



(2) Weapons pursuant to paragraph 1 is a weapon, including ammunition and bullet accessories

weapons, ammunition and weapon combat, explosive, special explosive subject,

breakthrough pyrotechnical device and special náloživo.



(3) the use of weapons celníkem in the cases referred to in paragraph 1 (b). and)

to (f)) is permissible only if the use of coercive

the funds would be manifestly ineffective.



(4) before using the weapon in the cases referred to in paragraph 1 (b). a) to

(f)) is the customs officer shall ask the person against which zakročuje, to refrain

from the infringement, with the caveat that the weapons will be used. From the challenges

with the alert may be waived only in the case that his life is at risk or

health or the life or health of other persons and the urgent procedure.



(5) the use of weapons is a customs officer must consider the need to caution, in particular

in order not to jeopardize the life or health of other people, and save as much as possible

the life of a person against whom action is directed.



§ 46



The provision of assistance



(1) if the customs officer finds that the use of coercive means

There was a personal injury, it is obliged to immediately, as soon as circumstances permit,

to provide the injured person first aid and provide medical treatment.



(2) after each use of the weapon, in which there was a personal injury, it is

the customs officer shall immediately, as soon as circumstances permit, to provide the wounded

the person first aid and provide medical treatment. Furthermore, it is required to make a

all urgent acts, in order to be properly clarified eligibility

the use of the weapons.



§ 47



Reporting obligation



(1) each business operation, which has been used by law enforcement

devices or weapons, the customs officer is obliged to promptly report

to your manager.



(2) the use of coercive means or weapons is a customs officer shall

submit a written report to his superior, stating the reason, progress and

the result of their use.



(3) where the doubts as to the validity or proportionality of the use of

of force or weapons, or if you use them

due to death, bodily injury or damage to the property, the parent

required to determine if they have been applied in accordance with the law. On the outcome of

This finding draws up the official record.



§ 48



Special restrictions



When the procedure against a pregnant woman, apparently the person obviously old age,

a person with obvious physical defect or disease or to a person apparently under the age of

15 years must not be a customs officer to use punches and kicks, slzotvorný, electric or

other similar temporarily incapacitating means, baton or other attack

resource, displacing the vehicle, service dog, intervention, výbušku

blow gun, threat of missiles, a warning shot by the gun

and a gun, except cases when such persons immediately threatens attack

a customs officer or the life or health of others or threatens greater damage on

property and danger cannot be averted otherwise.



TITLE VII



THE CIVIL EMPLOYEE



§ 49



The duties and privileges of the civil employee



(1) the provisions of section 27 of the civil employee shall apply mutatis mutandis.



(2) an employee is entitled to a national identity in the provision of payment of cash

ask the person filling that is carried out within the framework of the provision of the Act, to the

the proof of identity. At the same time with this challenge the civil employee

person, which is being implemented within the framework of the provision of the Act, learn about options

leave it to show off, if the invitation will not be accepted.



TITLE VIII



LIQUIDATED DAMAGES



§ 50



Compensation for damage caused in the performance of the scope of the authority of the Customs Administration



(1) a State is responsible for damage caused by the authority of the Customs Administration in the performance of

its mission; This does not apply if the damage caused to a person,

that its legitimate and proportionate to the infringement procedure.



(2) if it is guaranteed to be reciprocity, the State will pay the damage to another State

caused by celníkem posted on its territory to carry out tasks abroad.



(3) the State shall pay to a Member State or an associated State

international agreement for the implementation of the Schengen rules (hereinafter referred to as

an "associated State") in the event that a member or associated State has provided

damages as a result of the use of inaccurate personal data or the data

passed in violation of the law, provided by authorized Customs authority with

by taking into account the possible error the recipient of personal data during their

the use of the. Other than a Member State or an associated State, shall be paid

too bad only if reciprocity is guaranteed.



§ 51



Compensation for damage caused by the provision of assistance to the authority of the Customs Administration



(1) the State is liable for damages and) to the person who has provided assistance for the customs authority

the publican or, at his request or with his knowledge; to become this

liability may waive only caused damage to this person

intentionally, (b)) the person caused in connection with using the

provided to the customs administration or to the customs authority.



(2) If a person referred to in paragraph 1 (b). and) to injury or

death, the scope and amount of compensation pursuant to the provisions of the civil

code on liability for damage to health in certain specific

cases.



(3) the State shall be responsible for any damage to things that the person referred to in paragraph 1

(a). and) was established in connection with the provision of this assistance. In doing so,

shall be borne by the actual loss by indicating in the previous state; If this is not possible

or expedient, payable in cash. This person may be granted and the payment of

the costs associated with the acquisition of new things to substitute for the thing damaged.



(4) for the provision of benefits in kind to help the person belongs to a cash alternative.



(5) in determining the compensation for the provision of benefits in kind assistance is based on the

Typically, the required compensation for the use of the same or similar kind

resource at the time of its granting.



§ 52



Common provisions



Compensation and monetary compensation provides the Directorate-General of customs.



PART FOUR



ADMINISTRATIVE OFFENCES



§ 53



Misdemeanors



(1) a natural person has committed the offence by



breach of an obligation of confidentiality) pursuant to § 27 para. 2,




b) disobeying customs officer pursuant to § 34 paragraph 1. 1 or 2,



(c)), illegal locks or other benchmark benchmark

safety barriers with a force to a closed object or area, in

which houses the customs administration authorities, or to an object or area, in

where the customs administration authorities ensure compliance with the public order

pursuant to section 8 (2). 5 (b). (d)), or



(d) accessible to the public) on the site is used on the vehicle, special colour

making or designation used on official vehicles of the Customs Administration

According to § 14 para. 3 and 4 or special colour and marking with

It apparently interchangeable.



(2) for the offence referred to in paragraph 1 can be used to impose a fine of up to CZK 5,000.



§ 54



Administrative offences of legal entities and natural persons-entrepreneurs



(1) a legal entity or individual entrepreneur is committed by the administrative

tort by



and) contrary to section 13 of the uses of the word "customs", or the word from them

derived in their name or business, or



(b) accessible to the public) on the site is used on the vehicle, special colour

making or designation used on official vehicles of the Customs Administration

According to § 14 para. 3 and 4 or special colour and marking with

It apparently interchangeable.



(2) an administrative offence referred to in paragraph 1 (b). and) saves a penalty of up to 20

EUR and for the administrative offence referred to in paragraph 1 (b). (b) a fine of up to 5 000)

CZK.



section 55



Provisions common to administrative offences



(1) a legal person for an administrative offence is not liable if he proves that

made every effort, that it was possible to require that the infringement of the

a legal obligation is prevented.



(2) in determining the amount of the fine on a legal person shall take account of the seriousness of the

the administrative offense, in particular, the way a criminal offence and its consequences, and

the circumstances under which it was committed.



(3) the responsibility for the administrative offence shall cease, if the administrative authority about him

has commenced proceedings within 1 year from the date on which it learned, no later than

However, within 3 years from the date on which it was committed.



(4) administrative offences under this law in the first instance hearing

the Customs Office in whose territorial scope of administrative offence was committed.



(5) The liability for the acts, which took place in the business

person or in direct connection with it, are also covered by the provisions of the

This law on liability of legal persons and sanctions.



(6) the penalty is due within 30 days from the date when the decision on its imposition

came into legal force.



PART FIVE



INFORMATION PROCESSING CUSTOMS



TITLE I OF THE



GENERAL PROVISIONS ON THE PROCESSING OF INFORMATION BY THE AUTHORITIES OF THE CUSTOMS ADMINISTRATION



§ 56



Processing and information security



(1) the customs process information including personal data

only to the extent necessary for the exercise of its powers.



(2) the information must be processed by the authorities of the Customs Administration to secure before

unauthorized access, alteration, destruction, loss or theft,

misuse, or other unauthorized processing.



§ 57



Transmission of information



(1) Customs Authorities shall transmit information



and the police)



(b) the intelligence services of the Czech Republic),



c) military police,



(d) the Ministry of the Interior),



(e)) the prison service of the Czech Republic,



(f)), the National Security Bureau and



(g)) to other public authorities, in the fields of

the scope of the Customs authorities shall carry out controls or lead management about

the administrative tort.



(2) the information shall transmit to the Customs authorities referred to in paragraph

1, only if such information is necessary for the performance of these

authorities.



(3) the Customs Authorities shall not transmit information if that would materially

way jeopardise the performance of their responsibilities.



TITLE II



DATA ACQUISITION



§ 58



Common provisions for data acquisition



(1) the Customs Authorities may, to the extent necessary for the performance of

a specific task in the exercise of its competence to request from the administrator of the register

or operators to provide information



and from the population register),



(b)) of the agendového information system of population register,



(c)) from the register of citizens of the European Union and the registration of foreigners,



(d) civil registration certificates),



(e)) from the record of travel documents,



(f)) of the registration of diplomatic and service passports,



g) from the registry of social security numbers,



h) from the registry operators,



I) from the record of a work permit,



(j)) of the registration of prisoners and persecuted persons, flush



k) from the land registry,



l) of criminal records,



m) from the database of the participants publicly available telephone services,



m) from the database of the participants publicly available telephone services,



n) from the central register of road transport vehicles,



about) from the central register of drivers,



p) from the registry of legal persons engaged in physical

people and public authorities,



q) of the agendového foreigners, information system



r) from other records, if provided for by other legislation.



(2) the administrator of the register or its operator is obliged to request

providing information without undue delay; provision of data is

in return.



(3) the information shall be provided in a manner allowing remote and continuous

access; in the case of civil registration certificates and registration of travel

documents can provide information only in a manner allowing continuous

access; in the case of a database the participants publicly available telephone services

the data are in the form and scope of other legal

provision.



(4) the Customs Authorities may, to the extent necessary to meet the

a specific task in the exercise of its competence to request from other bodies of the

public administration, as well as from legal or natural persons needed

documents and information including personal information. These bodies and persons are

required to provide the assistance requested; does not need to do so, preventing them in

This Act saved or recognized by the obligation of professional secrecy or the performance of

other legal obligations. A natural person may not do so if it would

by helping expose the serious threat to themselves or a close person.



(5) the information must be transmitted in a manner which enables it to keep

the identification details of the authority of the customs administration or by the publican, who

the provision of the information requested and the purpose for which it was providing data

applied for, at least for a period of 5 years. On these facts the administrator is

registration or its operator is obliged to maintain confidentiality.



(6) the Ministry handles and provides to the authorities of the customs administration information

obtained for the purpose of the performance of the authorities of the customs administration and enforcement

the scope of the Ministry under this Act.



TITLE III



REGISTRATION PRIVACY POLICY



§ 59



Measures to protect registration



In connection with the exercise of their jurisdiction, the authorities of the Customs Administration

request to the Ministry of the Interior regarding the customs officials, which can reasonably be

assume a threat to their life or health, the measures for accounting

protection of personal data of a customs officer, his spouse, partner, child and

parents, their private vehicles, as well as measures to protect registration

cover documents and official vehicles.



TITLE IV



PROCESSING OF PERSONAL DATA BY THE CUSTOMS ADMINISTRATION



section 60



Processing of personal data



(1) the authorities of the customs administrations process personal data, including pooling

personal information about people,



and in respect of which it is or) was carried out customs control or customs control, or

Business Act



(b)) for violating the law in the field of competence of the authorities of the Customs Administration

or are reasonably suspected of violations, or that may

violations of this code to submit information,



(c)) in relation to which are made by authorized Customs Authority made the acts

criminal proceedings, or



d) who are or were parties to the proceedings before the Customs authorities.



(2) the transfer of personal data abroad under this Act, or

under international treaties, which the Czech Republic is bound,

does not require the permission of the authority for the protection of personal data under another

legal regulation.



(3) the authorities of the customs administration process and unverified personal information

must be marked with a degree of assurance with regard to personal data subjects



and reasonably suspected) criminal activity or other forms of violations

the legislation pertaining to the scope of the Customs authorities,



(b)) of which he may reasonably assume that are involved in the illicit

trade in dangerous substances and goods or to other forms of illegal

import or export of goods, to the detection and prosecution of commits

the international treaty.



(4) the authorities of the Customs Administration in the exchange of personal data in the framework of police

cooperation under this Act



and shall not transmit or make available) a false or inaccurate personal information,



b) verifies the credibility of transmitted or made available to unauthorized

of personal data and the data is marked by the degree of assurance,



(c)) shall immediately inform the recipient of the transmitted or made available the personal

information on the additional finding that these details are false or

inaccurate or have been passed in violation of the law, and further progress

under section 62.



§ 61



The communication of personal data



(1) the Customs Authorities a written request free of charge shall notify the applicant

the personal information relating to his person, and within 30 days of receipt


the application, with the exception of information whose communication, compromising the performance

the scope of the authorities of the customs administration or to the legitimate interests of third

of the person. The personal information made available by or passed under section 73 authority

the Customs Administration also indicate whether they were transmitted or made available to the next

the beneficiaries and the nature of such a beneficiary.



(2) the application of the exceptions referred to in paragraph 1 in relation to personal data

contained in the customs information system shall take into account the legitimate interests of

of the person concerned.



§ 62



Disposal, fix and blocking personal information



(1) the Customs Authorities at the request of the data subject or on its own

initiatives to dispose of the personal information when no longer needed for

the performance of their responsibilities. Authorities of the Customs Administration at least once every 3 years

Verify that the personal data have been destroyed, which had passed the purpose for

that have been processed, or whose further processing is inexpedient.

The effectiveness of the processing of personal data, which were adopted in the framework of the

police cooperation, without prior request, the Customs authorities of the

checks immediately after their adoption.



(2) the authorities of the Customs Administration personal data nezlikvidují if it can be reasonably

assume that the disposal has been damaged the legitimate interest of

of the data subject. In this case, the personal data of the block and can be

use only for the purpose which prevented their destruction.



(3) the Customs Authorities shall without delay, but no later than 30 days after the

receipt of a written request of the data subject, free of charge, dispose of or

corrects inaccurate personal information, will find this request reasonable.



(4) if provided for by other legislation, carried out by the authorities of the Customs Administration

repair, disposal or blocking of personal data related to the release of

a court decision in accordance with the Ordinances.



(5) if the application is lodged by the data subject in accordance with paragraph 1 or 3, the authority

Customs Administration



and liquidation) by repair or blocking of personal data and in writing of the

It shall inform the applicant, the



(b)) shall decide on the termination of the proceeding, if it does not handle personal information covered by the

the application, or



(c)) shall decide on the refusal of the application, if it is not found to be reasonable.



PART SIX



INTERNATIONAL COOPERATION



TITLE I OF THE



THE USE OF SEARCH DEVICES OPERATIVELY



§ 63



Basic terms of use



(1) the Customs Authorities may, in the exercise of its competence deriving from the

international treaties to use operationally, the interception and search resources

record of telecommunications established code of criminal procedure (hereinafter referred to as

"operatively-search resources") in the implementation of the supervision of persons

where there are serious grounds for assuming that they are breaching or have breached

the legislation of the other Contracting Party.



(2) the implementation of the supervision referred to in paragraph 1 shall not affect the rights and

the obligations of the customs administration under legislation

governing criminal procedure.



(3) search means may be Operationally applied only if the

violation of the legislation of the other Contracting Party, in the event that the

It took place on the territory of the United States, it has been examined under the criminal

Act as an intentional criminal act.



§ 64



Special conditions of use



(1) the use of search devices may not be operationally monitored other

purpose other than that which is set out in the relevant international treaty; the rights and

freedoms of persons can be restricted only to the extent absolutely necessary.



(2) the Customs Authorities are obliged to ensure the protection of the operationally

search resources, as well as information obtained in implementation supervision

under section 62 from disclosure, misuse, damage, theft, destruction

or loss.



§ 65



Control of use



(1) Control the use of interception and recording of telecommunications and

the use of tracking people and things under another law exercises

The Chamber of Deputies, which for this purpose shall be established by the inspection authority.



(2) the Minister shall submit the inspection authority at least twice a year and

at its request, any information required for the use of resources by the

of paragraph 1.



(3) members of the supervisory body are obliged to maintain the confidentiality of the

classified information of whom learned in connection with the performance of

This function, even after ceased to be its members; This does not

without prejudice to the provisions on the protection of classified information.



TITLE II



ACCESS TO THE SCHENGEN INFORMATION SYSTEM, AND DATA MARSHALING

TO THIS SYSTEM



§ 66



Access to and transfer of information



(1) the Customs Authorities have access to the information from the information

the system created by the States, which are bound by the international treaties of

the gradual abolition of checks at common borders and with them

the relevant regulations of the European Union (hereinafter referred to as "the Schengen information

system "), and can search for this information, and only for

the needs of the



and the performance of the authorized) the customs authority,



(b)) of customs supervision and customs control,



(c)) the search for the goods illegally imported, export or odňatém

Customs supervision



d) criminal procedure



e) coordination of the activities referred to in points (a) to (d)).)



(2) the information intended for inclusion in the Schengen information system

shall transmit to the Customs authorities of the Police Presidium of the Czech Republic

under the provisions of other legislation.



TITLE III



EXCHANGE OF INFORMATION WITH THE MEMBER STATES IN THE FRAMEWORK OF POLICE COOPERATION



§ 67



The definition of some terms



(1) the law enforcement agency for the purposes of this Act, the police,

Customs or other authority of the Member State, which can prevent crime

activities, detect and investigate criminal offences and receive against them

measures, and that is mentioned in the Declaration of the Member State of the saved in

the General Secretariat of the Council of the European Union. For the purposes of exchange of information

with the Member States in the framework of police cooperation for the enforcement authority

also considers that Europol and Eurojust.



(2) the customs search activities for the purposes of this Act, the

the activities of the enforcement authority, previous to the initiation of criminal prosecution,

where is the enforcement authority shall be entitled to collect, process and

analyse information about crime or criminal activities with a view to

the determination of whether they have been or may be committed in the future a specific criminal

actions.



(3) operational information for the purposes of this Act, the information

usable under the tariff search activity.



§ 68



The exchange of operational information



(1) authorised by the customs authority may, at the request of an enforcement authority to provide

in the framework of its customs search activities of operational information for

the fulfilment of a specific task.



(2) operational information obtained from another Member State or from

a third country may be granted only with the consent of the State which

the information is provided.



(3) authorised by the customs authority may necessary operational information within the range of

its scope of enforcement authority to crave, if there is a reasonable

the assumption that such information is available to the body. Pattern

requests for the provision of operational information provides the Ministry of

by Decree.



§ 69



The deadline for the execution of the request



(1) unless serious grounds referred to in § 72, shall provide to the authorized

the customs authority required operational information by a law enforcement authority



a) within 14 days of receipt of the request, or



(b)) if such information is directly available in the information system

responsible customs authority and they relate to offences that are

derogation from the principle of double criminality according to the code of criminal procedure,

to



1.7 days from the date of receipt of the application, or



2. the 8 hours from the time of receipt of the application in cases of emergency.



(2) if the required operational information within the time limits laid down in

paragraph 1, provide, communicate to the authorised Customs authority shall immediately

by a law enforcement authority of the reasons for which cannot be made. If

the provision of operational information associated with exceeding the technical,

organizational or other options of the competent authority, may, responsible for the

the customs authority the deadline laid down in paragraph 1 (b). (b) point (2)) may be extended.

The following extended period may not be longer than 3 days from the date of receipt of the

the application and the enforcement authority must be on its renewal shall promptly

informed.



(3) the model form which authorized Customs authority shall communicate by a law enforcement authority

the required operational information or the reasons for which cannot be operational

provide the information within a specified period, provides the Ministry of

by Decree.



section 70



The spontaneous exchange of operational information



Relevant and necessary operational information relating to criminal offences

According to § 69 para. 1 (b). (b)), responsible for the customs authority shall promptly give

by a law enforcement authority without application, if there is a reasonable assumption

that such information may be used for the prevention of crime,

detection and investigation of criminal acts or measures

against them.



§ 71



The use of operational information



(1) received operational information may be responsible for the customs authority to use

exclusively for the implementation of the customs search activities or to prevent

an imminent and serious threat to public security. For other purposes

prior approval is required of the transmitting Member State.




(2) consent to the use of operational information provided for other

purposes than referred to in paragraph 1, first sentence, the customs authority may be authorized to issue

at the request of an enforcement authority which provided the information; the consent of the

may be granted at the time of transmission of operational information.



(3) If so provided by another law enforcement authority can

provide operational information to lay down conditions for their

the use or the results of the search for the notification of customs activities, in which

the framework for the exchange of such information.



(4) in specific cases where the conditions laid down pursuant to paragraph 3

or similar conditions laid down by the customs authority responsible for the transferring

the Member State is not in accordance with the legislation of the Member State in which the

This information is used, be binding on the competent authority responsible for the supervision of

law enforcement authority, the competent customs authority



and) performs on his own initiative or at the request of an enforcement authority

consultation on the use of the provided to or received by the operational

information,



(b)) may request the enforcement authority to disclose how they were passed to the

operational information that is the subject of the consultations referred to in subparagraph (a)),

used or further processed.



(5) operational information received by authorized Customs authority cannot be

publish, if law enforcement authority requests or provided by other

legal prescription.



§ 72



Failure to provide operational information



(1) the customs authority by a law enforcement authority, responsible for the operational information

If you can reasonably assume that their provision



a) harm essential security interests of the Czech Republic,



(b) jeopardise the success of the ongoing customs) search activity, inquiry

criminal offences or the safety of persons, or



(c)) was clearly disproportionate or irrelevant with regard to the purpose for

which the application was lodged.



(2) the provision of operational information by a law enforcement authority, responsible for

the customs authority to refuse, if the request relates to an offence for which

may be granted by the Czech legal order imprisonment, whose

the upper limit of the criminal rate does not exceed 1 year.



(3) Authorized by a law enforcement authority, the customs authority shall communicate the grounds for refusal

the provision of operational information within the time limits under section 69. The model of this

the communication sets out the Ministry decree.



(4) subject to the provision of operational information consent or authorization

the public prosecutor or a judge, designated by the customs authority of the operational

information by a law enforcement authority will grant this consent.



TITLE IV



SPECIFIC PROVISIONS ON THE PROCESSING OF PERSONAL DATA IN THE FRAMEWORK OF POLICE

COOPERATION



section 73



The processing of personal data in the framework of police cooperation



(1) authorised by the customs authority in accordance with the relevant EU regulation

on police cooperation processes in the exercise of their jurisdiction, personal

data made available or transmitted to the



and the Member State or associated) State or made available or

to be passed to a Member State or an associated State, or



(b)) authority established under the Treaty or of the Treaty on

the functioning of the European Union (hereinafter referred to as the ' European authority ') or information

the system established under the Treaty or of the Treaty on

the functioning of the European Union (hereinafter referred to as the "European information system") or

made available or transmitted to the authority or to the European

information system, to the extent and under the conditions laid down by law.



(2) authorised by the customs authority when processing personal data made available to the

or transmitted under paragraph 1 complies with the conditions laid down

the transferring authority on the basis of the relevant legislation of the European Union on the

police cooperation.



(3) if it is to comply with the conditions laid down by the regulation of the European

Union of police cooperation must consent or comments by the Member

State, associated State, or the European authority, authorized by the customs authority

be fixed for that Member State, an associated State or the European

authority of a reasonable period in which to submit the consent or representation, and

notifies it that, if within the prescribed period has not sent its observations, it is

for that, with another estimated procedure agrees.



(4) authorised by the customs authority may transfer or disclosure of personal

information to the Member State, an associated State, the European authority or

the European information system to lay down the conditions concerning

the processing of personal data transmitted or made available resulting from

This Act or other legislation.



(5) responsible for the customs authority may



and agree to) have been through a Member State,

the associated State, European or European information

the system passed the personal information entrusted with the customs authority of the Member

the State associated with the State, the European authority or to the European

transmitted or made available the information system, the third State or

International Organization; such approval may be granted and, in General,



(b)) to require from the Member State, an associated State, or the European

authority with information on the processing of personal data transmitted.



TITLE V OF THE



THE CUSTOMS INFORMATION SYSTEM



§ 74



The definition of some terms



(1) the customs information system is a common automated information

the system of the European Union for customs purposes, the purpose of which is to assist the

the prevention of serious violations of legislation, investigation and

the prosecution through faster access to information, which

strengthens the effectiveness of cooperation and control procedures of the Customs authorities

of the Member States.



(2) the Customs files Identification database is a special database in the framework of the

the customs information system, whose purpose is to allow the authorities

the Member States responsible for customs investigation, if a initiated or

carry out investigations of certain persons, as well as Europol and Eurojust

discover that the competent authorities of the other Member States to maintain or

led investigations of certain persons.



(3) the investigative file is administrative or criminal case file kept by the competent

authority in relation to a suspicion of serious violations of the laws and

regulations or its findings.



(4) a serious violation of the law, for the purposes of this Act,

means a breach of the law, for which the penalty may be

deprivation of liberty or measures involving deprivation of

of liberty for a period of at least 1 year or financial penalty in the amount of

corresponding to the amount of at least EUR 15 000.



(5) the amount of the potential financial penalty in Czech currency for the purposes of this

the law shall be converted into the currency exchange market, the euro exchange rate published by the

The Czech National Bank valid on the date of the founding of the investigation file,

concerning the suspicion of a serious infringement or determination of a serious

violations of the law, for which the penalty may be saved.



§ 75



Information entered into the customs information system



(1) the Directorate-General of customs duties entered in the customs information system

exclusively the information necessary to fulfill its purpose, including personal data,

and this information about the



and) goods



(b)), means of transport,



c) natural or legal persons,



d) procedures for the implementation of fraud,



(e)) availability of expertise



f) assured, the disk or the sunken items,



g) secured a deep or forfeited cash.



(2) the customs information system shall enter information according to the



and paragraph 1 (a)). a) to (f)) only for the purposes of the customs search

activity, discreet surveillance, control and strategic or

operational analysis,



(b) paragraph 1 (a)). g) only for the purposes of a strategic or operational

analysis.



(3) part of the information entered into the customs information system for the

purposes referred to in paragraph 2 may be personal data only in the case that

There are actual knowledge, in particular on the basis of previous unlawful

the activities that the person committed, commits or threatens will be

commit a serious breach of the law. Part of the information

entered into the customs information system shall not be personal data

relating to racial or ethnic origin, political attitudes,

religious or philosophical beliefs, trade union membership

organizations, State of health or sexual life of the data subject.



(4) the information referred to in paragraph 1 (b). (d)) shall not be a personal

details.



(5) part of the information referred to in paragraph 1 (b). a) to (c)) may be personal

the data only to the extent



and earlier) the name, surname and a pseudonym or nickname,



(b)), the date and place of birth,



c) nationality,



d) gender,



e) number, place and date of issue of the identity document, which means the

Passport, ID card or driving licence,



(f) the address of the place of stay)



(g)) the specific objective and permanent physical sign,



h) reason for entering information,



even) the proposed measures,



j) warning codes indicating previous experience relating to

armed, violent or escaping,



k) registration number of means of transport.




(6) part of the information referred to in paragraph 1 (b). e) personal data may be

only the last name and the name or names of the experts.



(7) part of the information referred to in paragraph 1 (b). f) and (g)) may be personal

the data only to the extent



and earlier) the name, surname and a pseudonym or nickname,



(b)), the date and place of birth,



c) nationality,



d) gender,



(e) the address of the place of stay).



§ 76



Information obtained from the customs information system



(1) the information obtained from the customs information system can benefit from the



and the Directorate-General of customs) for administrative or other purposes only with the

the prior consent of the Member State the following information to a customs

the information system has entered, and under conditions set by,



(b)), responsible for the customs authority for the purposes of police cooperation under the conditions

According to subparagraph (a)), and in accordance with the provisions of this Act on the processing of

personal data in the framework of police cooperation,



(c) a national member of Eurojust), his representative or his assistant in the range

necessary for the tasks of Eurojust.



(2) the Directorate-General of Customs may pass



and other authorities), third countries and international or regional

organisations with the information obtained from the customs information system,

are necessary for the performance of their responsibilities pursuant to other legal

prescription, only with the prior consent of the Member State in which the

information entered into the customs information system, and under the conditions it

laid down,



(b)) to the Member State, to the customs information system information

entered information about the facts established in the activities referred to in

section 75 para. 2; This information can only be information

relating to the



1. find the goods, means of transport and the legal or natural

people,



2. the place, time and reason for the check to be performed,



3. the route and destination of people or vehicles,



4. the persons accompanying the person concerned or receiving traffic

resources,



5. the means of transport used,



6. goods transported.



(3) if the Directorate-General of customs, that the information that was

entered into the customs information system, to fulfil the conditions laid down

This Act, without delay, this information changes, Supplement, correct or

disposed of and on the measures shall inform the other Member States,

Europol and Eurojust. In case of detection of these shortcomings in the information

that have been entered into the customs information system by another Member

the State, which shall inform without delay the Member State.



(4) where the information is collected by the national member at Eurojust, the

representative or an Assistant recorded in the customs information system,

inform the national member at Eurojust without undue delay about this

the facts state that information into the customs information system

has entered. To a non-Member State can be found information to

only with the consent of the State referred to in the first sentence.



§ 77



Information entered into the Customs files identification database



(1) the Directorate-General of customs duties entered in the Customs files identification database

the writings of exclusively information from investigation files, necessary for the performance of its

purpose, including personal data,



and) information on natural and legal persons, which is or has been

the competent authority, kept in the investigation file and



1. who are suspected of serious violations of the laws or of

participation in that meeting,



2. which were found violating the laws referred to in point 1,

or



3. which were for breaches of the legislation referred to in section 1 the Court saved

a penalty or a competent administrative authority is imposed



b) information about the area that the investigation file refers to,



(c)) the name, nationality and contact link on the authority of the Member

State responsible for customs investigation,



(d)) contain the customs documents.



(2) the information referred to in paragraph 1 shall be entered in the data record for

each person separately. The creation of mutual links between these data

records is prohibited.



(3) the information referred to in paragraph 1 (b). and), if the information about the

a natural person may be personal data only to the extent



and earlier) the name, surname and a pseudonym or nickname,



(b)), the date and place of birth,



c) nationality,



(d)).



(4) the information referred to in paragraph 1 (b). and), if the information about the

the legal entity can only be



and the business name or name), or other designation used in the

its activities,



(b) the address of the registered office),



(c)) tax identification number.



(5) the Directorate-General of customs duties to the Customs files identification database

the information referred to in paragraph 1 does not specify if the



He was disturbed by a) public order or have been damaged by other important

interests, in particular immediately and seriously threatened the security of the United

Republic, another Member State or a third State, or threatened by

their other important public interest, or



(b)) this information may seriously harm the rights of natural persons or

adversely affect the ongoing investigation.



§ 78



Storage of information in the customs information system



(1) the information contained in the customs information system shall be kept

only for the time necessary to achieve the purpose for which they were entered into him.



(2) the personal data entered into the customs information system by another Member

the State of it may be copied to other national

information systems, with the exception of copying for the purposes of § 76

paragraph. 1 and for the purpose of risk analysis.



(3) the personal data copied from the customs information system are

kept only for the time necessary to achieve the purpose for which they were

a copy of the shot, but not for a period of 10 years.



(4) the Directorate-General of Customs shall review at least annually the need to

hold the information that has been included in the customs information system

specified. Based on the results of this review may decide to retain

information to the next review, if this is necessary to achieve the purpose for

that have been entered.



(5) the Directorate-General of Customs shall review at least annually the need to

retention of personal information, a copy of which was made of the customs information

the system purchased. Personal data which are not necessary for the operational

analysis, immediately dispose of or remove any elements

allowing the identification of persons.



§ 79



Storage of information in the Customs files identification database



(1) the information contained in the Customs files identification database are

kept only for the period that starts to run from the date of registration information

in the file and that is necessary to achieve the purpose for which the information was

entered into the database, but not for



and) 3 years, they relate to customs investigations in progress, information for which

not yet found no violations of the law; General

Directorate of customs information that it disposed of in the identification

Customs files database specified, before the expiry of 3 years has elapsed from the

the last investigation of the Act 12 months



(b)) 6 years, if the information of the customs investigation, which led to the

proof of the infringement, but so far has not led to a conviction

or to the imposition of sanctions,



(c)) for 10 years, if the information of the investigation that led to the conviction or

to the imposition of sanctions.



(2) the Directorate-General of Customs will discard the information that were in the

Customs files identification database specified when it detects that the apostasy

the reason for which they were entered into the database.



§ 80



Protection of information exchange



Unless otherwise provided in this Act, subject to the protection of the information exchange

entered into the customs information system or derived therefrom,

the provisions of this Act on the processing of personal data in the framework of police

cooperation.



PART SEVEN



TRANSITIONAL PROVISIONS, FINAL AND CANCELLATION



§ 81



Transitional and final provisions



(1) the Customs Directorate and the Customs authorities established pursuant to

the existing legislation.



(2) the Directorate-General of customs, established pursuant to the existing legal

regulations, shall be considered by the Directorate General of customs duties established under this

the law. The former Director General of the General Directorate of customs,

considered the Director-General appointed under this Act.



(3) proceedings and other procedures at first instance, which, at the date of acquisition

the effectiveness of this law have not been established by the Directorate-General of customs

According to the existing legislation completed, and for which, according to this

the Act or another law responsibility on Customs

offices, completes the Directorate-General of customs duties established under this Act.



(4) management and other procedures, which, before the date of entry into force of this

the Act has not been completed by the Ministry, the Ministry will complete in

cases where the scope of the Ministry passes from the date of entry into force of

of this Act to the authorities of the customs administration.



§ 82



(1) the writings of General Directorate of customs, Customs Directorate and the customs

authorities relevant to the effective date of this Act, take

the competent customs authorities of the date of entry into force of this Act.



(2) where, in the decisions or certificates issued by the administration of taxes in


or in the administrative procedure to the effective date of this Act listed

The Directorate-General of customs, customs headquarters or offices, means

them to the competent customs authorities of the date of entry into force of this

the law.



(3) where, in the decisions issued by the delegation at the administration of taxes, or in

the administrative management of the listed offices set up under the existing legal

regulations, the Customs offices established by them under this Act,

part of the administrative circuits are the administrative circuits in the decisions

those customs offices established under the existing legislation.



(4) if in the mandates issued to manage tax or in the administrative procedure

to the effective date of this Act, provided the Directorates-General

Customs, means the Directorate-General of customs duties established under this

the law.



(5) where, in the mandates issued to the effective date of this Act,

When you manage the tax or in the administrative procedure provided the Customs authorities established by the

According to the existing legislation, the Customs offices established by them

under this Act, a part of the administrative circuits are administrative

circuits in the mandate referred to Customs offices established under the existing

legislation.



(6) if they are in full mocech or the mandates applied in General

Directorate of customs, customs headquarters or offices set up under the

the existing legislation referred to the Directorate-General of customs, customs

Headquarters or offices set up under the existing legal

regulations, the competent customs authorities by the date of the acquisition of

the effectiveness of this Act.



(7) natural and legal persons are obliged to indicate a designation used when

its activities in accordance with the provisions of § 13 of this Act within 6 months

from the date of entry into force of this Act.



section 83



Regulation (EEC)



Shall be repealed:



1. Act No. 185/2004 Coll., the customs administration of the Czech Republic.



2. Part seven of Act No. 633/2004 Coll., amending certain laws in the

connection with the adoption of the law on administrative fees.



3. part x of the Act No. 669/2004 Coll., amending Act No. 586/1992

Coll., on income taxes, as amended, and certain other

laws.



4. Part two of the Act No. 80/2006 Coll., amending Act No. 13/1997

Coll. on road traffic, as amended, and other

related acts.



5. Part fifteen of law no 230/2006 Coll., amending Act No.

89/1995 Coll., on State statistical service, as amended,

and other related laws.



6. Part three of the law no 575/2006 Coll., amending Act No. 353/2003

Coll. on the Excise Tax Act, as amended, and other

related acts.



7. Part of the ninth law no 172/2007 Coll., amending certain laws in the

with regard to the accession of the Czech Republic to the Schengen area.



8. Part x of the Act No. 130/2008 Coll., amending Act No 455/1991

Coll., on trades (Trade Act), as amended by

amended, and other related laws.



9. the first Part of Act No. 136/2008 Coll., amending Act No 185/2004

Coll., the customs administration of the Czech Republic, as amended, and

Act No. 13/1993 Coll., the Customs Act, as amended.



10. Part seven of Act 218/2009 Coll., amending Act No 99/1963

Coll., the civil procedure code, as amended, and certain other

laws.



11. Part XLIX of Act No. 227/2009 Coll., amending

Some laws in connection with the adoption of the law on basic registers.



12. Act No. 288/2009 Coll., amending Act No 185/2004 Coll., on

The customs administration of the Czech Republic, as amended.



13. Part two of the Act No 104/2007 Coll., amending Act No. 13/1993

Coll., the Customs Act, as amended, Act No 185/2004 Coll.

about the customs administration of the Czech Republic, as amended, and the law

No 99/2004 Coll., on fish farming, fishing, fishing rights performance

Guard, protect the marine fishery resources and on amendments to certain laws

(Act on fishery), as amended.



14. Part three of the Act No. 150/2007 Coll., amending Act No. 273/2008

Coll., on the police of the Czech Republic, as amended, law No.

124/1992 Coll. on Military Police, as amended, the law

No 185/2004 Coll., the customs administration of the Czech Republic, as amended

regulations, and Act No. 141/1961 Coll., on criminal court proceedings (the criminal

of procedure), as amended.



15. Decree No. 179/2010 Coll., about how the outer markings and badges

The customs administration of the Czech Republic, uniforms and patterns

a special colour and marking the official vehicles of the Customs Administration

Of the Czech Republic.



PART EIGHT



The EFFECTIVENESS of the



§ 84



This Act shall take effect on 1 January 2000. January 1, 2013.



Němcová in r.



Klaus r.



Nečas in r.



Selected provisions of the novel



Article. XXX legal measures no 344/Sb.



Transitional provision



Unless otherwise specified, relate to the facts, conditions, relationships,

bodies, subjects, the rights and obligations of private law under the legislation

regulations effective before the date of entry into force of the legal measures

The Senate, after the date of entry into force of the legal measures the Senate the same

the provisions of Act No. 17/2009 Coll., in the version in force from the date of acquisition

the effectiveness of legal measures in the Senate, as a fact,

conditions, relationships, entities, objects, rights and obligations of private law

According to the law effective from the date of entry into force of this

the legal measures of the Chamber, which they are, by their nature and purpose

the nearest.



1) Council Regulation (EC, Euratom) No 1150/2000 of 22 May 2000. in May 2000,

implementing decision 94/728/EC, Euratom on the system of own

Community resources.



2) of Council Regulation (EC) no 2073/2004 on administrative cooperation in the field of

excise duties.



3) European Parliament and Council Regulation (EC) no 638/2004 of 31 March 2004.

March 2004 on Community statistics relating to the trading of goods between Member

States and repealing Council Regulation (EEC) No 3330/91.



4) Regulation (EC) No 1005/2008 of 29 July. September 2008 establishing

Community system to prevent, deter and eliminate illegal,

unreported and unregulated fishing, amending regulations (EEC) No 2847/93,

(EC) no 1936/2001 and (EC) No 601/2004 and repealing Regulations (EC) no 1093/94

and (EC) No 1447/1999.



5) of Council Regulation (EC) No 2173/2005 of 20 October 2005. December 2005 on the establishment of

FLEGT licensing scheme for imports of timber into the European Community.



6) Article. 5a of Council Regulation (EEC) No 2913/92.



7) Article. 16 Council Regulation (EC) No 1005/2008.



8) Article. 372 paragraph 2. 1 (b). and) Commission Regulation (EEC) No 2454/93 of 2 July 1993.

July 1993 on the implementation of Council Regulation (EEC) No 2913/92 establishing the

the Community customs code, as amended.



9) Article. Article 16(1). 3 (b). b) Council Regulation (EC) No 1005/2008.



Article. 10 of Commission Regulation (EC) No 1010/2009 of 22 December 2004. October 2009 laying

down detailed rules for the application of Council Regulation (EC) No 1005/2008 establishing a

establishing a Community system to prevent, deter and eliminate

illegal, unreported and unregulated fishing, as amended.