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.