100/2004 Sb.
LAW
of 10 June 1999. February 2004
on the protection of species of wild fauna and flora
by regulating trade therein, and other measures for the protection of these species
and on amendments to certain laws
(law on the trade in endangered species)
Change: 444/2005 Sb.
Change: 346/2009 Sb.
Change: 227/2009 Coll., 100/2004 Coll. (part)
Change: 420/2011 Sb.
Change: 467/2010 Sb.
Modified: 18/2012 Sb.
Change: 279/Sb.
Change: 86/2015 Sb.
Parliament has passed the following Act of the United States:
PART THE FIRST
INTERNATIONAL TRADE IN ENDANGERED SPECIES OF WILD FAUNA AND FLORA
GROWING PLANTS AND OTHER MEASURES FOR THE PROTECTION OF THESE SPECIES
TITLE I OF THE
BASIC PROVISIONS
§ 1
The subject of the edit
(1) this Act regulates the protection of wild fauna and flora
growing plants that are at risk of survival, with a view to their
conservation by regulating trade therein in accordance with the Convention on the international
trade in endangered species of wild fauna and flora
plants of ^ 1) (hereinafter referred to as "the Convention") and the law of the European communities, which
administers the import and export of wild fauna and flora
plants, the import of products from cetaceans, the importation and placing on the market of products of
seals, the use of leghold traps, the importation of furs and other goods
manufactured of furskin (hereinafter referred to as "the law of the European communities on the protection of
endangered species "). ^ 2) lays down the conditions for trade in endangered
species of wild fauna and flora on
defined and lays down certain additional measures to ensure the
the protection and registration of these species on the territory of the Czech Republic.
(2) this Act applies to
and) set by the animal and plant species and the animals and products
plants of the following species listed in the Convention and the law of the European
community for the protection of endangered species, ^ 3)
b) seals and seal products (hereinafter referred to as "the product of the seals") ^ 61),
(c)) the export of other specially protected plant and animal species ^ 4)
The United States, which may, in the interest of their protection lay down detailed
legal prescription.
§ 2
Definition of terms
For the purposes of this Act, means the
a) wild animal specimen of an animal species, if the
the population of this species in the wild, or maintain maintain spontaneously,
including the species in the wild or extinct in the wild are reported missing, and even
the case of breeding individuals in human care or another influencing its development
man,
(b)) by an individual or rostoucírostlinou colonies of wild plant species, or
the species of fungi, whose population in nature: keep or maintain
spontaneously in nature, including the type of missing or in nature
extinct, even in the case of the cultivation of individuals or colonies in culture
or another influencing their development of man
(c)) kind of directly threatened with extinction (hereinafter referred to as "the kind of
threatened with extinction ") species referred to in Annex A to the directly applicable
Regulation of the European Union on the protection of species of wild fauna and flora
flora by regulating trade therein ^ 5)
(d)) the product of the Cetaceans of the product as defined by law of the European communities on
the protection of endangered species, ^ 6)
e) controlled the fur fur animal and other goods made from
fur animals, subject to the restrictions on imports in accordance with the
the law of the European communities on the protection of endangered species, ^ 7)
(f) imports imports of specimens) ^ 8) regulated product from fur or
the seals, to the European Community, including specimens, which was caught in the
marine waters, which are not under the legal sovereignty of any State, and
from the time of entry into the territory of the European Community, excluding mode
transit,
export-exports of specimens of g), an individual especially protected species, ^ 4)
regulated product of seal pelts or out of the European Community,
except for the transit procedure,
h) another individual the individual particularly protected species of animal or
plants ^ 4) which is not and that is defined by the implementing
legislation under section 1 (1). 2 (a). (c)),
I) export from the United States exports of specimens of another individual,
regulated product of seal pelts or out of the European Community,
except for the transit procedure, and transport of specimens, another regulated
product of seal pelts or out of the United States to another Member
State of the European communities,
j) the product of certain seal pups ^ 62) product of seal referred to
in annex 1 to this Act.
TITLE II
GENERAL CONDITIONS AND REQUIREMENTS OF APPLICATIONS FOR THE IMPORT, EXPORT, RE-EXPORT,
MOVEMENT OF SPECIMENS AND OTHER HANDLING
General terms and conditions
§ 3
the title launched
(1) the procedure for the import, export, re-export, and other ways
regulations governing the treatment of specimens of directly applicable provisions
Of the European communities in the field of trade in endangered species (
"regulation in the field of trading in endangered species") ^ 9).
(2) an application for a permit or certificate for the purpose of import, export, or
Re-export of specimens in accordance with regulation in the area of trafficking in
endangered species ^ 9) or confirmation needed to transfer live
specimens of animal species threatened with extinction directly, with the exception of
phytosanitary certificates under § 17 para. 1, the legal
person or the natural person who intends to import, export, re-export
or relocate the specimen (hereinafter referred to as "the applicant") the Ministry of the
the environment (hereinafter referred to as "the Ministry") on a form prescribed by the regulations
in the area of trafficking in endangered species ^ 9). If the subject of the request
a live specimen of the order primates (Primates spp.), the applicant is required to demonstrate
It has met the conditions for trade in primates as set out in other laws,
regulations ^ 9a).
(3) an application for an exception from the ban on business activities of
specimens referred to in regulation in the field of trading in endangered species ^ 10)
is submitted to the appropriate regional office on a form provided
regulations in the field of trading in endangered species ^ 9), with the exception of
a travelling exhibition certificate and confirmation of sample ^ 11)
are at the same time the exception from the prohibition on commercial activities, for the sole purpose of
public issuance of specimens. If the subject of the request a live specimen
order primates (Primates spp.), the applicant shall demonstrate that it has met the
conditions for trade in primates provided for in other legislation ^ 9a).
(4) the applicant shall complete an application in accordance with paragraph 2 or 3, and evidence of appropriate
the information required by the regulations in the field of trading in endangered
^ 9 species).
(5) the request for the issue of a travelling exhibition certificate, confirmation of the file
samples or the release of a personal ownership certificate, if applicable, to
editions of other permits or certificates pursuant to regulation in the field of
trading in endangered species ^ 9) shall be lodged with the competent administrative
the Office on the form provided for by the regulations in the field of trafficking in
endangered species ^ 9).
(6) other particulars of applications referred to in paragraphs 2, 3 or 5 is proof of
the payment of the administrative fee, if such fee or other
^ law 11a).
(7) the applications referred to in paragraph 2 or 5 of the applicant shall be accompanied by a completed
registration card. Registration card form provides for the Ministry of
an implementing regulation.
(8) the Ministry keeps records of the applicants referred to in paragraphs 2 and 5, and regional
the authorities shall keep a register of the applicants referred to in paragraph 3.
(9) the way of filling out the application form and content, the evidence of the applicants,
the submission of applications and the handling of documents referred to in paragraphs 1 to 8 shall lay down
the Ministry of the implementing regulation.
section 3a
(1) the import, export, re-export and transit can be made only
through designated customs offices ^ 11b).
(2) the Ministry may, in a decision on the authorisation of imports to provide that
an importer who imports a live specimen of an animal species shall be obliged to
at least 24 hours in advance to notify the Czech environmental inspection
(hereinafter referred to as "the inspection") time of import and customs office designated for release
shipments to the relevant customs procedure or the allocation of relevant customs
the approved destination.
(3) if the importer is not accompanied by imported specimen, obligation
referred to in paragraph 2 to the carrier of specimens or other accompanying person and
the importer is obliged to inform these persons about the related obligations.
Imports
§ 4
(1) the applicant shall submit an application for authorisation to the import of specimens of a species directly
threatened with extinction ^ 12) Ministry of the prescribed form.
(2) the request under paragraph 1 the applicant shall provide
and the data required by law) of the European communities on the protection of vulnerable
species, ^ 12)
(b) information substantiating the identity of the applicant),
(c) a certified copy of the authorization) to business activities relating
with the import of specimens, if the applicant has such an activity,
d) document or written statement about the purpose of the importation,
(e)) for a live specimen of an animal species description of the conditions under which it will be
transported, during transport and placed after the importation, in accordance with the rules on
protection of animals ^ 13) so that there is no danger of death, or damage to the
health.
§ 5
The Ministry shall issue the licences to ^ 12) specimens of the species directly
threatened with extinction, only if the applicant has met the conditions required
the law of the European communities on the protection of the endangered species ^ 12) and
the conditions set out in § 3 (1). 4 and § 4.
§ 6
(1) the applicant shall submit an application for authorisation to import another specimens than
specimen of a species threatened with extinction, directly for the importation is necessary
the authorization of the Ministry, ^ 14) in the prescribed form to the Ministry.
(2) the request under paragraph 1 the applicant shall provide
and according to the law) of the European communities on the protection of vulnerable
species, ^ 14)
(b) information substantiating the identity of the applicant),
(c) a certified copy of the authorization) to business activities relating
with the import of specimens, if the applicant has such an activity,
(d)) for a live specimen of an animal species description of the conditions under which it will be
transported and accommodated during transport after importation, in accordance with the rules on
protection of animals ^ 13) so that there is no danger of death, or damage to the
health.
§ 7
The Ministry shall issue the licences to other specimens than specimens
the species directly affected with extinction, for the importation of which is necessary to enable
the Ministry, ^ 14) only if the applicant has met the conditions required by the law
Of the European communities on the protection of endangered species and conditions ^ 14)
set out in § 3 (1). 4 and § 6.
Export and re-export
§ 8
(1) an applicant shall submit an application for a licence to export ^ 15) or
Re-export certificate ^ 16) specimen of a species directly affected
extinction ^ 12) Ministry of the prescribed form.
(2) an application for an export permit or re-export certificate
in accordance with paragraph 1 the applicant shall provide
and the data required by law) of the European communities on the protection of vulnerable
species, ^ 15) ^ 4)
(b)) for the compulsory registered specimen proof of registration (section 23),
c) data demonstrating the identity of the applicant,
d) a certified copy of the authorization to the business activities related
with the export of the specimens, if the applicant has such an activity,
e) for specimen species listed in annex I to the Convention "^ 1")
imports of the relevant authority of the State where the specimen is exported,
(f)) for a live specimen of an animal species description of the conditions under which it will be
transported, during transport and placed after the importation, in accordance with the rules on
protection of animals ^ 13) so that there is no danger of death, or damage to the
health,
g) for export of specimens born and reared in captivity, or artificially
produced by ^ 17) a brief description of the rearing or culture from which it will be obvious
the origin of the individuals constituting the rearing or culture and subsidiary generation
achieved in human care.
§ 9
The Ministry will issue a permit for the export of specimens of a species directly affected
of extinction, only if the applicant has met the conditions required by the law
Of the European communities on the protection of endangered species) and ^ 15 terms
set out in § 3 (1). 4 and in section 8.
§ 10
The Ministry issues a certificate of re-export of specimens of a species directly
threatened with extinction, only if the applicant has met the conditions required
the law of the European communities on the protection of endangered species, ^ 16) § 3 (1).
4 and § 8.
§ 11
(1) an applicant shall submit an application for the issue of an export permit or certificate of
the re-export of specimens other than a specimen of a species directly affected
with extinction, for whose export or re-export is necessary to enable
or confirmation of the Ministry, ^ 18) or a re-export certificate to the
prescribed form the Ministry.
(2) an application for an export permit or re-export certificate in accordance with
paragraph 1 the applicant shall provide
and the data required by law) of the European communities on the protection of vulnerable
species, ^ 18)
(b)) for the compulsory registered specimen proof of registration (section 23),
c) data demonstrating the identity of the applicant,
d) a certified copy of the authorization to the business activities related
with the export of the specimens, if the applicant has such an activity,
(e)) for a live specimen of an animal species description of the conditions under which it will be
transported, during transport and placed after the importation, in accordance with the rules on
protection of animals ^ 13) so that there is no danger of death, or damage to the
health,
(f)) for export of specimens born and reared in captivity, or artificially
produced by ^ 17) a brief description of the rearing or culture from which it will be obvious
the origin of the individuals constituting the rearing or culture and subsidiary generation
achieved in human care.
§ 12
The Ministry shall issue an export permit or re-export certificate
specimens other than a specimen of a species threatened with extinction, for directly
whose export or re-export permit or certificate is necessary
the Ministry, only if the applicant has met the conditions required by the law
Of the European communities on the protection of endangered species) and the conditions of the 18 ^ ^
set out in § 3 (1). 4 and § 11.
section 13 of the
Other cases of import, export and re-export
In other cases, the import, export and re-export are proceeding in
accordance with the law of the European communities on the protection of vulnerable
species. ^ 19)
Movement of live specimens of animal species within the Member States
Of the European communities
§ 14
(1) an applicant shall submit an application for a permit is required to transfer 20) live ^ ^
specimens of animal species threatened with extinction to the Ministry directly on
prescribed form.
(2) the request under paragraph 1 the applicant shall provide
mandatory registered) for the specimen the registration document (section 23),
(b) information substantiating the identity of the applicant),
(c) a certified copy of the authorization) to business activities relating
holding or moving specimens, unless the applicant for such action
operates.
§ 15
The Ministry shall issue the authorisation to transfer pursuant to section 14 only if the applicant
fulfilled the conditions required by the law of the European communities on the protection of
endangered species ^ 20) and in section 14.
section 15a
The exception from the prohibition on commercial activities
(1) the applicant for exemption from the prohibition of commercial activities ^ 20b) can be
only the owner of the specimens, or legal or natural person who has the
hold the specimen on the basis of long-term borrowings from abroad for a period longer
than 90 days, or the person who lawfully holds a specimen in the case that
the specimen does not have an owner, or the owner is not known (hereinafter referred to as the "fixed
the holder '). The applicant shall submit a request for exemption from the prohibition of commercial
the activities of the competent regional authority pursuant to § 3 (2). 3 and 4.
(2) the request under paragraph 1 the applicant shall provide
and) proofs of origin required by regulations in the area of specimens
trading in endangered species ^ 9) and this Act,
(b)) for the compulsory registered specimen proof of registration (section 23),
If it is not registered at the same time sought the first specimens,
(c)) for specimen, which is an individual especially protected species or bird
kind, who lives freely in the European territory of the Member States of the European
community, proof of authorisation held captive breeding or cultivation
such specimens under another law ^ 20a).
(3) a certificate of exemption from the prohibition on commercial activities ^ 20b), and
certificate of authorization to move ^ 20 c) the Regional Office issued after
consultation with the Ministry for the same living specimen on a single form.
(4) how to fill in the application form for a certificate of exemption from the prohibition on
commercial activities establishes the Ministry of an implementing regulation.
section 15b
A travelling exhibition certificate, and confirmation of the file samples
(1) an application for a travelling exhibition certificate or confirmation of the file
the samples ^ 11), the applicant shall submit to the Ministry pursuant to § 3 (2). 5 and 7. To
the application shall be accompanied by the relevant information and documents to the applicant pursuant to § 4 paragraph 2. 2,
§ 6 para. 2, § 8 para. 2 (a). a) to (d)), f) and (g)) and section 11 (1) 2 and
mutatis mutandis in accordance with § 15a paragraph 1. 2.
(2) an applicant for a travelling exhibition certificate or confirmation of the file
of the samples, to be at the same time the exception from the prohibition on commercial activities
for the exclusive purpose of public display shall submit to the Ministry before
issued a certificate of exemption from the prohibition of commercial activities, or if the
is given and is in effect; in the case of the release of a travelling
exhibition certificate or sample that the earlier confirmation loses
force and the applicant shall be obliged to surrender it to the Ministry, unless the
Regulation in the field of trading in endangered species ^ 11) another procedure.
(3) the Ministry shall issue a travelling exhibition certificate or certificate of
file samples only in the case that the applicant has met the conditions required
regulations in the field of trading in endangered species ^ 9).
(4) the Ministry keeps records of specimens for which it was issued
a travelling exhibition certificate ^ 11), with an indication of their holders.
§ 15 c
Other types of acknowledgement
(1) upon the issue of a personal ownership certificate specimens ^ 20 d), or
other regulations in the field of confirmation modified trading
endangered species ^ 9) proceed in accordance with these regulations, and reasonably
under section 4, 6, 8, 11 and 14.
(2) the Ministry keeps records of specimens for which it was issued
a personal ownership certificate ^ 20 d), with an indication of their holders.
(3) how to fill in application forms for a personal ownership certificate
specimens for confirmation of sample, for a travelling exhibition certificate,
on the permit or certificate for the purpose of import, export and re-export
and confirmation required for the relocation of a live specimen of animal
the species endangered of extinction directly provides for the Ministry of the implementing
legal regulation.
TITLE III
REGISTRATION OF TRADERS, AND SCIENTIFIC INSTITUTIONS, AND DEROGATIONS FOR SOME
CASES OF EXPORT
section 16 of the
Registration of traders and scientific institutions,
The basic conditions for registration of traders, ^ 21) scientists and scientific
^ 22) institutions governed by the law of the European communities on the protection of
endangered species. The implementing regulation may be established
more detailed conditions and requirements for registration of traders, scientists and
scientific institutions.
section 16a
A simplified registration procedures for trade in biological samples
(1) the Ministry maintains a registry of people who can benefit from simplified
the procedures under the regulation in the field of trading in endangered species ^ 22a), and
the species, with the samples can be as follows. This registry
the Ministry shall review every 5 years and updated.
(2) an application for registration to the simplified procedures for trade in
biological samples referred to in regulation in the field of trading in endangered
types of ^ 22a) shall be sent to the Ministry. The applicant shall complete an application for authorisation
or certificate for the purposes of import, export or re-export of specimens
and registration card and further to the request shall be accompanied by
and the list of species) of specimens of biological samples, which are subject to
the request,
(b) a written substantiation that) estimated the trade in biological samples
will have no or only a negligible impact on the conservation of the concerned
species,
(c) an estimate of the anticipated needs of the partially) completed permits and
confirmation.
section 16b
Licences to processors and Packers of caviar
(1) a license to process, package or re-package caviar
Sturgeon (Acipenseriformes spp.) (hereinafter referred to as the "caviar") in the United
Republic may, in accordance with the regulation in the field of trading in endangered
types of ^ 22b) grant natural or legal person on the basis of its application
by the Ministry. The license is granted for an indefinite period. The license does not replace
permits, approvals, consents ^ 22 c) or observations needed to
processing, packaging, or repackaging of caviar in accordance with other legal
regulations.
(2) the Ministry shall approve the method of marking on the basis of an application with containers
caviar caviar for the use of the Packer, if the marking in accordance with
Regulation in the field of trading in endangered species ^ 22), and allocates
registration code of the manufacturer or packer of caviar.
(3) the Ministry may decide to revoke the licence granted pursuant to
paragraph 1, processor or packager of caviar are in breach of the obligations
provided for by the regulations in the field of trading in endangered species ^ 9). A new
a license can be granted for up to 2 years from the decision to withdraw the
the license. The license is transferred to the legal successor of the processor or
packing of caviar. The Ministry leads the list of processors and packagers
caviar, to whom the licence was granted.
(4) the processor or packager of caviar are obliged to notify
the Ministry changes applicable to the use of the license.
(5) an application for a license for a processor and Packager of caviar and the approval
the method of marking of containers of caviar is served at the Ministry. The request for
license in addition to the requirements under the regulation in the field of trafficking in
endangered species ^ 9) contains
and information on the expected way) the acquisition, processing and
storing caviar
(b)) justification for the request in accordance with regulation in the field of trading in endangered
^ 9 species),
c) detailed description of the packaging methods used kaviárů Packer, caviar
Description and samples used or proposed one-off labels on
primary containers of caviar,
d) written consent of the applicant, that the Ministry will provide information about the
licensed Packager of caviar to the European Commission and the Secretariat of the Convention in the ^ 1)
the scope of the regulations in the field of trading in endangered
^ 9 species).
(6) the decision of the Ministry for a license for the packer caviar is only used
for the purposes of trade in caviar, regulation in the areas of trafficking in
endangered species ^ 10) and does not replace conditions pursuant to other
legislation.
(7) the processor or packager of caviar are obliged to keep records of
treatment with caviar and mark the container with caviar.
(8) the Ministry of the implementing regulation provides for the application form
for a license to process, package or re-package caviar, content and
the method of keeping records of treatment with caviar, a way of marking of receptacles with
caviar and the allocation of the registration code of the packer of caviar.
§ 17
The export of specimens of plant species on the basis of a plant
certificate
(1) permission for export of artificially produced specimens
the plant species may be in the cases, which lays down detailed legal
prescription, replaced by a phytosanitary certificate issued by another
law, ^ 23) are subject to the conditions set by the European Commission
(hereinafter referred to as "the Commission") ^ 24)
(2) a certified copy of the phytosanitary certificate issued for
the export of specimens of plant origin referred to in paragraph 1 shall send to the authority
plant health care no later than 15 days after its issue, the Ministry,
with the exception of cases, when you can send data from these documents electronically;
cases where it can be done, lays down the law.
TITLE IV
SHOP WITH SOME ESPECIALLY PROTECTED SPECIES AND PRODUCTS FROM SEALS AND
REGULATING THE HUNTING OF CERTAIN SPECIES OF MARINE ORGANISMS
section 18
The trade is particularly protected species
(1) the exportation of other individuals from the United Kingdom can be made only on the basis of
permission of the Ministry. Model application for export permit another individual from
The United States provides for the Ministry of the implementing regulation.
(2) on the territory of the Czech Republic also applies to these individuals when they
the export of similar edit as specimens of a species directly affected
with extinction.
(3) an export permit referred to in paragraph 1 may be granted only if the
the applicant demonstrates that
and this individual will not endanger exports) a kind of survival; expert opinion
shall, on request of the applicant authority,
(b)) this specimen was obtained in accordance with other legislation, ^ 25)
(c)) this lively specimen will be secured during transport in accordance with other
law ^ 13) so that there is no danger of death or damage to the
health.
§ 19
Trade in seal products
(1) Prohibited the importation of products of certain seal pups for business
purposes, in particular for the sale, Exchange or purchase of, offer for sale,
Exchange or encouraging for sale, acquisition for profit, public
displaying for the purpose of profit or as a commercial sample, use for
profit, possession and transport of for sale.
(2) the exemption from the prohibition in paragraph 1 may, in justified cases, grant
the Ministry for the products of certain seal pups, for which the importer
shows that are the result of traditional hunting carried out by Inuit in accordance
with the applicable legislation of the country of origin.
(3) the provisions of paragraphs 1 and 2 are without prejudice to other obligations
resulting from the directly applicable European Union legislation on trafficking in
seal products ^ 63).
section 20
Regulating the hunting of certain species of marine organisms
(1) on board ships flying the national flag of the Czech Republic is disabled
hunting of cetaceans, which are covered by this law.
(2) the exemption from the prohibition referred to in paragraph 1 may, for the purpose of scientific research
grant by the Ministry. The Ministry may lay down in the exception granted
the conditions of the hunt.
(3) to grant an exception under paragraph 2 shall request the Ministry's
opinion of the scientific authority (section 27).
TITLE V OF THE
REQUIREMENTS PERMIT OR CERTIFICATE FOR THE IMPORT, EXPORT, RE-EXPORT OR
MOVING AND HANDLING SPECIMENS
section 21
(1) the part of the decision to allow the import, export and re-export
specimens is also completed and confirmed by the relevant authorisation form
or certificates referred to in regulation in the field of trading in endangered
types of ^ 26) (hereinafter referred to as "the document CITES"). The permit needed to
relocation of specimens of a species endangered of extinction directly is to confirm
issued under regulation in the field of trading in endangered species ^ 20).
It is also a testament to the CITES import notification submitted to the Customs Office referred to in
Regulation in the field of trading in endangered species ^ 27) and
a phytosanitary certificate issued under section 17 or other permission or
certificates referred to in regulation in the field of trading in endangered species ^ 9).
Document CITES further copies of such document issued by the Ministry of
at the same time with the original CITES document (hereinafter referred to as "copy of the document CITES") and
a certified true copy of the document issued by the regional authority of CITES.
(2) data that must document CITES contain, must be given in a document
CITES also in English, French or Spanish.
(3) the Executive Authority (§ 25 para. 2 and 8) on the document CITES indicate that
way are marked with the specimens.
section 22
(1) the import authorization or document issued in the country of exportation for export
or re-export of specimens to the United Kingdom under the Convention of ^ 1), or
the document CITES, which is replaced by imports which have not been removed
the Customs authorities, and should be removed according to the regulation in the field of trading
in endangered species ^ 2), to be submitted not later than 15 days after the
importation to the Ministry together with the written reasons why
There has been no submission of documents to the Customs authorities.
(2) for the purposes of proving the legal origin of the specimens were imported under the
Regulation in the field of trading in endangered species ^ 9) serves importers
a copy of the document CITES, which was confirmed by Customs at importation
the specimen, or a certified true copy of the document issued by the regional authority of CITES.
(3) if the importer does not have a copy of the document CITES or if data are required to
proof of origin of the specimens on a copy of the document the erroneous or incomplete,
shall inform the importer shall immediately inform the Ministry about the circumstances of importation
and the reasons for doubt, be accompanied by appropriate documentation, including a copy of the dispute and
requests the issue of a replacement certificate for the purposes of establishing an allowed
imports.
(4) in case of doubt, validates the copy document CITES
by the Ministry.
(5) a copy of the terms of use document CITES and the confirmation referred to in paragraph 3
and the pattern of this confirmation may adopt detailed legislation.
TITLE VI OF THE
REGISTRATION OF SOME SPECIMENS, THE GRANTING OF EXEMPTIONS FROM THE PROHIBITION OF COMMERCIAL
ACTIVITIES AND PROOF OF ORIGIN
Registration of some of the specimens and the granting of exemptions from the prohibition of commercial
activities in specimens
Article 23 of the
the title launched
(1) the owner or holder of fixed specimens is obliged to sign in
to register, if the
and the specimen of the species directly affected) extinction, which is covered by
ban on commercial activities ^ 10) with the exception of:
1. the species of wild fauna and flora, which are
occur naturally in the wild in the Czech Republic, including the species especially
protected under the legislation on nature and landscape protection ^ 31a), and
2. specimens of species for which the implementing legislation may lay down,
the registration obligation does not apply,
b) specimens of species other than the species directly threatened with extinction
listed in annex 2 to this Act.
(2) the registration obligation does not apply to the specimen of the owner or
fixed holder established or resident outside the territory of the United
Republic, if the specimen is imported, in accordance with this Act
temporarily to the United States for a period of less than 90 days of imports. For
specimen of the owner or a fixed holder established or permanent
resident in a Member State of the European communities the specimen must be
accompanied by the relevant permits or certificates issued by the Executive
authority of the Member State of the European communities, in which the owner has
the holder of a registered office or a long-time or permanent residence. Duration of temporary stay
without the obligation to register in this case is 12 months from the introduction
specimens in the territory of the Czech Republic.
(3) proof of registration is a registration sheet specimens, specimens,
issued by the competent regional authority (hereinafter referred to as the "Registration Office").
Registration sheet is valid for the territory of the Czech Republic. For each specimen
subject to the registration obligation is issued a separate registration
sheet. The registration authority also saves a copy of the registration sheet.
Registration list is not an official proof of the legal origin of the specimens.
The owner or the holder of a fixed specimens is required to ensure that
the specimen was always accompanied by your registration slip or other
the documents referred to in paragraphs 4 and 8; This is also true for the transmission of new specimens
the owner of the. Registration form for specimen sheet sets out the
the Ministry of the implementing regulation.
(4) if the issued decisions to grant exceptions to the prohibition on commercial
activities pursuant to section 15a of the as yet unregistered specimen, the
specimens must be registered, and so far this has not happened, in the framework of the
that procedure also performs registration of specimens and the owner of the
or fixed to the holder of the registration sheet. If the registration authority
for the registered certificate of exemption of a specimen of a ban on commercial
activities, noting without delay after the issue of the certificate about the exception to the
belonging to the same registration sheet specimens of this number
confirmation and acknowledgement shall state the number of the relevant registration worksheet.
This procedure applies mutatis mutandis to the cases of other endorsements. Person
living outside the Czech Republic is obliged to have during your stay in the Czech
Republic, has-if the specimen, the necessary certificate in accordance with regulation in the
trading in endangered species ^ 9). Confirmation of exemption from
the prohibition of sale ^ 20b), unless otherwise provided in the regulation in the field of trafficking in
endangered species ^ 9) otherwise, is also passed with the belongings of his new
the owner or the long-term holder.
(5) the owner or holder of specimens subject to the long-term
registration obligations is obliged to request the registration authority for the issue of
of the registration document, and within 30 days of the acquisition of specimens or from
expiry of the period referred to in paragraph 2 or from the effective date of the rule
the regulation, which was kind of into which the specimen belongs, included among the types of
subject to the registration obligation. The owner or a long-term holder,
who is obliged to request the release of the registration document, a specimen shall not
transferred to another person before the registration authority will issue this document. In
application for the issuance of the registration document stating the applicant data demonstrating the
his identity and to submit all the documents relating to the specimens that
has available.
(6) in the case of the birth or hatching of chicks in their own breeding, whose
breeding of the owner or holder of a long-term record in the breeders
records under § 24 para. 7, the deadline for the registration of specimens referred to in
paragraph 5 shall be extended by the time that the Cubs owner's or
a long-term holder of the leaves,
and) in juvenile mammals for breastfeeding, but within 6 months of age
the baby,
(b)) for the eggs and chicks of birds or reptiles for as long as they remain on the nest
or in the care of parents, but within 3 months of age of the baby,
(c)) for eggs, eggs and juvenile stages, germ, other than in accordance with point (a)
a) or b) within 3 months of age of the baby since hatching or, in
the case of development through the germinal stage, within 15 days from the last
the development stage.
(7) the registration authority, which carried out the registration of specimens, which, according to
other legislation ^ 30) are among the animal species that require
Special care shall, without undue delay, this fact locally
the competent authority of animal protection ^ 31).
(8) the registration obligation does not apply to specimens seized if
remain the property of the State. In the case of long term borrowing more than 90
days, rent, sale or other transfer of seized specimens that
is the property of the State, the Ministry shall issue a certificate of the origin of the seized
specimens on the form provided for implementing legislation, while
a new addition to the specimen the purchaser shall have the same obligations as the owner.
(9) the way of filling out the registration sheet shall lay down the implementing Ministry
legal regulation.
§ 23a
(1) the information in the registration sheet shall be in accordance with the actual status
specimens and it must be clear that they belong to each other.
(2) the owner or holder of fixed specimens is obliged to report the
the changes relating to the registration authority registered specimens which
are death, loss, loan, rent, transfer of ownership of the specimens,
additional labelling of specimens or permanent export from the United States, and it
within 30 days of the date on which the change occurs or when it is the owner or
a long-term holder of the learned; in the case of a loan, lease, and additional
designation of the specimen is at the same time obliged to submit the registration sheet to
the designation changes.
(3) in the case of death or loss of specimens shall surrender the owner or
fixed the holder of the registration authority the registration document, within 30
days from the date of death or the loss of the specimens occurred. The owner or
fixed holder is obliged to registration list at the same time commit
also in the event of permanent export of specimens from the United States; in the case of
Permanent transport of specimens from the United Kingdom to other Member States
the owner submits the registration list to the competent registration authority, in
the case of the permanent export of specimens of the Ministry.
(4) the owner or holder is obliged to report the long-term changes in the
copy important for its identification, unless the specimen
individually and unmistakably labelled according to the requirements of the regulation in
trading in endangered species ^ 9).
(5) in the case of a change in ownership or a fixed holder will announce a new
the owner or the holder of a long-term acquisition of specimens to the competent
registration authority within 30 days from the date of acquisition of the specimens; in such a
the case shall not be issued a new document, but to an existing registration worksheet
the amendment shall be recorded, unless this Act provides otherwise.
The registration authority shall record the changes into a copy of the registration sheet that
shall be retained. The new owner or the fixed specimen holder shall not
transferred to another person before the competent registration authority after
notification of the acquisition of specimens of this fact is recorded in the registration
the worksheet.
(6) the method of implementation of changes in registration of specimens subject to the
the obligation to indicate the Ministry shall determine the implementing legislation.
Section 23b
(1) a person who sells or offers to sell the specimen, subject to
registration or the specimen covered by the ban on commercial
activities referred to in regulation in the field of trading in endangered species ^ 10),
It is required to obtain a written warning "CITES-mandatory documents" and
the sale to take place only with the appropriate registration sheet, and in the case that
It is a specimen, subject to the prohibition on the sale, with the exception of the confirmation
This prohibition or the ^ 20b) replacement confirmation (the "mandatory
documents relating to the transfer ").
(2) a person who sells or offers to sell the specimen referred to in paragraph
1, is also obliged to notify the buyer or a person interested in buying
the obligation to register under this Act and the specimen of bans
commercial activities with the belongings of a ^ 10). This applies mutatis mutandis to the other
ways of transfer of specimens.
(3) the obligations referred to in paragraphs 1 and 2 shall also apply to the person who
the specimen sells or offers for sale through
means of distance communication. Warning "CITES-mandatory documents" is
mandatory part of the classified ad offering to sell the specimen, subject to
registration or the specimen covered by the ban on commercial
activities.
(4) when trading in public accessible areas, where they offer
for sale and sell specimens, or in operating funds
communication at a distance, by means of which is offered for sale or
sold specimens, is the operator of such site, or resource
of distance communication shall be obliged to ensure that the required information
transfer the specimen published in a prominent place.
The operator of a means of distance communication must ensure
disclosure of such information as well as in advertising or the Internet; for
disclosure of required information in this case, the reference to
mandatory information published by the Ministry. The operator of a resource
distance communication is obliged to challenge inspection shall immediately delete
the ad, which is in contravention of this Act or the prohibition of commercial
activities ^ 10).
(5) the contents of the mandatory information linked to transfer specimens and specimen
the reference to mandatory information published by the Ministry of lays down
the Ministry of the implementing regulation.
Marking and identification of specimens
section 23 c
(1) the owner or holder of fixed specimens is required to mark on the
its costs a specimen in accordance with regulation in the area of trafficking in
endangered species ^ 32a) for the purposes set out in regulations in the area of
trading in endangered species ^ 9) and in the same way is obliged to indicate the
and specimen subject to registration obligations under section 23. If this
Furthermore, the law provides otherwise, the specimen will be marked at the time of submission of the
the application for registration. For the purposes of individual identification of specimens
the description must be unmistakable. The same designation may not be used
For more than one specimen and used the brand name must not already be marked
no other specimen. The provisions of this paragraph shall not apply to
specimens marked in accordance with regulation in the field of trading in endangered
types of ^ 32a) outside the territory of the Czech Republic.
(2) if the place does not sell and does not change its owner
or a fixed holder, and if the regulation in the field of trafficking in
endangered species ^ 32a) does not provide for a different period, provided for means of identification
referred to in paragraph 1 shall not apply to
and the young of mammals) in the period of breastfeeding, and within 6 months,
(b) the eggs and chicks of birds), provided they remain on the nest or in the care of parents,
a maximum of 3 months of age,
(c)) the eggs, spawn, the germinal stage and young reptiles, a maximum of 3
months of age.
(3) a different way of marking or identification of specimens other than in accordance with paragraph
1 the competent executive authority to recognize only if prescribed
the designations referred to in paragraph 1 has caused harm to the health of the specimens
species or if it is impracticable because of the physical
the characteristics of the specimens or species or in relation to behavioural
that is for the specimen or a kind of typical. In recognition of another
the method of marking or identification of the competent management authority's
request a consultation of the scientific authority. If the designation is impossible only
temporarily and does not have a specimen no individual distinguishing mark down
the registration authority of the later term to describe the specimens.
(4) means of identification and number of tags recorded on the registration authority
registration card. If the owner or holder of fixed specimens
It proves that physical and health condition of specimens does not allow safe
the application of any marking method laid down in the time of the issuance of the document of
the registration, the registration authority shall record this fact in the registration
worksheet or in the case that can be safely used in marking method
a later date, as it lays down a condition indicating the date. For
the specimen, which thus cannot be made, the registration authority on the document
on the registration a description of distinguishing marks of individual specimens
complete with photographic documentation, which will be an integral part of the
applicable registration worksheet.
(5) the method of carrying out marking, species and form of the brand, the numbering and
the allocation of marks, and other ways of marking or identification of specimens
the Ministry shall determine the implementing regulation.
Licenses for manufacturers and distributors of the brands on the specimens
Section 23d
(1) manufacturers and distributors of rings and other brands that are required for
marking of specimens referred to in section 23 c of paragraph 1. 1, with the exception of mikročipových
transponders and with the exception of processors and packagers of caviar licensed
under section 16b, these brands produce and distribute in the Czech Republic
only on the basis of licences issued by the Ministry, if they prove the fulfilment of
the conditions laid down by the regulation in the field of trading in endangered
types of ^ 32a).
(2) an application for a license for a manufacturer or distributor of the rings and other
tags for marking specimens in addition to requirements under other laws,
legislation contains ^ 11b)
and) samples of rings or other brands that an applicant for a licence intends to
to produce or distribute,
(b) a written information about the rings) or other brands
(c) the applicant's) consent by the Ministry after the grant of the licence
disclose information about the applicant as the licensed manufacturer or
Distributor.
(3) the particulars of the licence application for the manufacturer or distributor of the rings
and other brands is also a proof of payment of the administrative fee referred to in
another law ^ 11a).
(4) the decision on a licence for a manufacturer or distributor of the rings and other
the tag contains, in addition to requirements under other legislation ^ 11b)
Distributor registration number, types and parameters of rings and other brands
that was approved by the Ministry.
(5) the manufacturer or distributor with a license are required to maintain a register of
manufactured or distributed brands, whose part is also the
identification of the person, that the mark was granted. Data from the registry is
the manufacturer or distributor shall be obliged to make available to the Department of license and
inspection. Fulfilment of the obligations laid down by the producers and distributors
rings and other brands in the decision on the license checks for inspection.
(6) the Ministry may decide to withdraw a licence or a licence,
If the manufacturer or the distributor infringes this Act or the regulations in the
trading in endangered species ^ 9) or obligations resulting from the
license, or if there is a change in the laws on the marking of specimens.
The Ministry of the licence shall be withdrawn in the event, if so requested by the
the holder.
(7) the Ministry maintains a registry of producers and distributors with the license tags and
the contents of this registry exposes the way allowing remote access.
(8) the content and method of management of the registry, produced or distributed
rings and other brands under paragraph 5 and the contents of written information
in accordance with paragraph 2 (a). (b)) provides for the Ministry of the implementing
provision.
Proof of origin
section 24
the title launched
(1) who holds, acts, grown, transports, public exposes, sells,
exchanges, offers for sale or Exchange or handles
the specimen, another product of the cetaceans, seals, or product
controlled fur, is obliged to challenge inspection or customs office
proof of their origin. Without this proof of origin is prohibited
the specimen, another product of the cetacean, a product of the seals or
controlled fur to keep, breed, grow, transport, public
to exhibit, sell, Exchange, offer for sale or Exchange
or process.
(2) any person who acquires, for commercial purposes, publicly exhibits for
commercial purposes, use for commercial gain and sale, keeping for the purpose of
sales, offers for sale, sells or transports or transfers for
the purpose of the sale of the specimen, a product of the cetacean, a product of the seals or
controlled fur under this Act, shall be required to keep written about it
records and allow inspection of the control referred to in section 30. Essentials
These records, and the way their leadership provides the Ministry of the implementing
legal regulation.
(3) the purchase, sale, gift, Exchange or other transfer of ownership (hereinafter referred to
"the conversion"), the lease or rental of specimens of another individual,
the product of the cetaceans, seals and regulated product from the furs are possible
only with written proof of the original owner or a fixed holder
or of the holder, such as a receipt or invoice, dealer
a leasing contract, the loan agreement, an exchange contract, donation
the contract, which have a physical form, and on which it is listed
identification of the original holder, date, signature, marking and details of
the origin of these specimens, other individuals, or fur products. The origin of the
shows the particulars and documents certifying acquisition of specimens referred to in
the requirements of the regulation in the field of trading in endangered species ^ 9) and this
the law, in particular by specifying where and when a specimen was taken from the wild,
or whether, when and where he was born in captivity or artificially propagated, or
When the State and based on what documents, CITES a specimen was
imported.
(4) the owner or holder of the imported specimens are fixed, another
the individual, the product of the cetaceans, seals or regulated product from the fur
is obliged to transfer ownership of the specimens, renting or
the hiring of the new holder of the original specimens pass the relevant document
CITES, or similar proof of import, if the regulation in the field of
trading in endangered species ^ 9) or this Act the following documents
require.
(5) if the document CITES import exposed to more specimens and
conversion occurs to their distribution, the regional authority shall issue to the holder on the basis
written request the appropriate number of numbered and certified copy of document
CITES ^ 32b). Officially certified copies of the following is true for each one
the specimen, only serves as proof of the permitted the import of specimens and
do not replace the other documents referred to in this Act and in accordance with the regulation in the field of
trading in endangered species ^ 9). The holder of a written request of the
the confirmation shall be accompanied by the original of the relevant document CITES on imports.
Unless otherwise provided in the regulation in the field of trading in endangered species ^ 9)
otherwise, it removes the Regional Office of the original relevant document CITES the
imports, which sends a copy of the Ministry and its stores.
(6) the documents referred to in paragraphs 3 to 5 must be the owner or a long-term holder of
or the holder of the specimens, another product of the cetaceans, the product of the
seals and regulated fur keep for any control at all
time of possession of such an individual. The original holder is obliged to keep a copy of the
These documents, at least 24 months from the time of the transfer or the whole time
lease or rent and allow their control pursuant to § 30 of this
the law.
(7) Who behaves like a specimen listed in Annex A or B to Council Regulation (EC)
No 338/97), is obliged to keep records of its breeding and allow their
inspection under section 30.
(8) the obligation referred to in paragraph 7 shall not apply to zoos,
to whom the licence was granted under other legislation ^ 32 c).
(9) the Ministry shall determine the implementing regulation list of species
specimens or other individuals, products from cetaceans, seals and products
controlled the fur, which will not require the obligations of
paragraphs 2 and 4 to 7. The Ministry shall determine the implementing regulation
particulars of the origin of specimens in other individuals, products or
fur pursuant to paragraph 3, a pattern confirmed the copy document CITES and method
the confirmation referred to in paragraph 5, the terms and format of the records referred to in
paragraph 7, the way their leadership, the period of compulsory storage and the way
How to make low-level writes about the checks carried out.
TITLE VII
PERFORMANCE OF STATE ADMINISTRATION
§ 25
(1) the authorities of the executing State administration under this Act are
and) the Ministry,
(b) the Directorate-General of customs)
(c)) the Czech environmental inspection ^ 33) (hereinafter referred to as "the inspection"),
d) Customs offices
e) veterinary authorities,
(f)), plant-health authorities
g) regional offices.
(2) the Ministry of
and) acts as the executive body with the primary responsibility, ensures liaison with the
The Commission and the Secretariat of the Convention "^ 1") and the Contracting Parties to the Convention and
methodically directs and coordinates the other executive bodies,
(b)) shall appoint a representative to the advisory groups and committees of the Commission
established on the basis of regulation in the field of trading in endangered
^ 9 species),
c) grants import and export permits and re-export certificates,
confirmation needed for moving specimens, confirming that the specimen was
obtained legally in the Czech Republic for export from another Member
State of the European communities, enables simplified procedures regarding the
of a particular trade in biological samples ^ 22a),
(d) issuing licences to processors) and Packers of caviar and approve the way
marking of containers of caviar,
e) awarded a travelling exhibition certificate and confirmation of sample ^ 11)
including cases where this confirmation also serves as an exception from the
the ban on commercial activities for the exclusive purposes of public issuance
specimens, grants a personal ownership certificate ^ 20 d),
f) publishes other documents under the Convention "^ 1") and the law of the European
community for the protection of endangered species ^ 2), where that is not the issue
entrusted by law to other departments,
g) grants an exemption from the ban on hunting of cetaceans under section 20 (2). 2, verifies the
proofs of origin of seal products by directly applicable legislation
The European Union on the trade in seal products ^ 64), shall be decided in
the cases provided for in sections 18 and 19, where necessary, decides on other matters
laid down in regulation in the field of trading in endangered species ^ 9),
h) registers the scientists and scientific institutions ^ 22) and traders ^ 21) with artificially
propagated specimens of a plant species,
I) conveys the registration with the Secretariat of the Convention "^ 1") under section 29,
j) permits or authorizes the rescue centre, pays the cost of care for
detained and confiscated specimens and specimens that have been secured in the
criminal proceedings, including related operating costs, and
coordinates the activities of the rescue center,
to be issued a certificate of origin) of confiscated specimens,
l) to determine the facts relating to the regulation of commercial activities in accordance with
Regulation in the field of trading in endangered species ^ 35),
m) ensures the release forms all permits, certificates, announcements
imports, applications and other forms, with the exception of phytosanitary
certificate referred to in section 17, specimens of which lays down the implementing
law or the law of the European communities on
the protection of endangered species ^ 2)
n) provides additional tasks by directly applicable provisions of the European
Community ^ 34),
a registration pursuant to §), 3 (2). 8, § 15b paragraph. 4, section 15 c of paragraph 1. 2,
registers under section 16a, and manages the central registry CITES documents and
Register of seized and confiscated specimens in accordance with § 35 para. 1 and 4,
p) grants a license to manufacture and distribute the rings and markers and decides on
its withdrawal or modification, maintains a registry of producers and distributors of rings and
the tag to which the licence was granted, and its content exposes the way
allowing remote access,
q) amending or repealing decisions issued in accordance with regulation in the field of
trading in endangered species ^ 9) and under section 38a,
r) exposes the way allowing remote access required information
associated with the transfer of specimens.
(3) the Directorate-General of customs
and) works with the Ministry and the inspection when checking import, export
and transit of specimens, other individuals, products from seals and regulated
fur, which is covered by the law on the protection of the European communities,
endangered species ^ 34) and this law, as well as the prohibition of the possession during the inspection
and sales of the imported specimens, products of seal fur and regulated
protected under the law of the European communities on the protection of vulnerable
^ 34 species) and of this Act,
(b) shall carry out other duties in accordance with) law on the protection of the European communities,
endangered species, in cooperation with the Ministry of
(c)) provides the material and organizational conditions for the location of specimens,
other individuals, products of seal furs, or regulated during
checks at Customs offices in cooperation with the inspections, the authorities
the phytosanitary, veterinary authorities and with the Ministry.
(4) inspection
and compliance monitoring) of this Act,
(b)) identifies the people in connection with the protection of endangered species
under this Act,
(c) monitor compliance with licence granted) by the Department under section 23d
paragraph. 1,
d) imposes measures to ensure the obligations arising from this
the law,
(e)), pursuant to section 34 c of the fine stores and 34 d,
f) holds or confiscates the specimens referred to in § 34 and 34a,
g) imposes measures to ensure that the obligations arising from the regulation in
trading in endangered species ^ 9),
h) keeps records of persons convicted of offences or the responsible of the
administrative offences under this Act,
I) detects the facts relating to the import and export of specimens, other
individuals, products of seal fur and regulation or regulated
business activities according to the law on the protection of the European communities,
endangered species ^ 2)
j) cooperates with the Customs authorities to check whether the specimen, other
an individual, a product of the seals or regulated fur corresponds
set out in the relevant documents,
k) manages the specimens, regulated products of seal fur, and other
the individual in criminal proceedings, which had been passed to manage
According to the law on the enforcement of the property and things in criminal proceedings.
(5) Customs offices ^ 36)
and customs supervision of) goods that are in the collection, shall be carried out
inspection of specimens at the time of introduction, export, re-export and transit, and
performs other duties under this Act (§ 26, 34),
(b)) control in collaboration with the veterinary authorities or
plant health care, whether the shipment of live specimens in accordance with
the law of the European communities ^ 11) and this Act,
(c)) are holding the specimens referred to in § 26 para. 5,
d) find facts relating to the regulation of commercial activities under
law of the European communities on the protection of the endangered species. ^ 35)
For other individuals, of seal products and regulated fur applies letters
) to c) by analogy, if it is not stipulated otherwise.
(6) the veterinary authorities ^ 37)
and it participates in the intended) Customs offices
(b)) to help Customs authorities to check whether the specimen, another junior,
the product of the seals and regulated fur correspond to the data indicated on the
the relevant documents,
(c) the Customs authorities) to help check that the transport of live specimens
or live other individuals matches the conditions specified for the carriage of
This Act and the conditions set out in other laws, ^ 13)
(d)) under other legislation ^ 37a) and directly applicable regulations
Of the European communities ^ 37a) lay down and monitor the health
terms and conditions
1. for traveling exhibitions, if they are the subject of a live
specimens of an animal species,
2. for imports, exports from the United States, re-export and transit of live
specimens of an animal species, and for handling live specimens
animal species for the purpose of trading,
3. for the establishment and the operation of the rescue center,
4. for the handling of live specimen or another individual animal
species in their detention or seizure pursuant to section 26 paragraph 1. 5 or § 34.
(7) the authorities of the plant health care ^ 38)
and it participates in the intended) Customs offices
(b)) to help Customs authorities to check whether the specimen or another individual
corresponds to the data indicated on the relevant documents,
(c) the Customs authorities) to help check that the transport of live specimens
plant species corresponds to the conditions for the carriage of prescribed by this
the law and the conditions defined by specific legislation, ^ 39)
(d)) as the Executive Body shall issue documents for the export of specimens of flora in
the case provided for in section 17.
(8) the regional offices provide additional activities of the Executive Body
According to the law of the European communities on the protection of endangered species) ^ 2 and
This Act that grant derogations from the prohibition of commercial activities with the
specimens, including the current confirmation of authorization to transfer
specimens referred to in § 15a paragraph 1. 3, and excluding the cases where an exception is issued by
Ministry in the framework of the other documents referred to in section 3, paragraph 3. 3 and §
15B. To further ensure the registration of the specimens referred to in article 23 and
facts relating to the regulation of commercial activities according to the law
Of the European communities on the protection of the endangered species ^ 35). The regional offices
shall keep a register of applicants for exemption from the prohibition of commercial activities and
confirmed copy of the document shall be issued by CITES ^ 32b) according to § 24 para. 5.
§ 25a
(1) the Ministry of the Interior or the police of the Czech Republic provides to the authorities of
the executing State administration under this Act
and from the base) a reference population register,
(b)) the data from the agendového information system of population register,
(c)) the data from the agendového information system for foreigners.
(2) Information Provided pursuant to paragraph 1. and) are
and) the name or name, last name,
(b)) of the date, place and County of birth; for the data subject, who was born in
abroad, the date, place and the State where he was born,
(c)) date and place of death; in the case of the death of the data subject outside the United
Republic, date of death, place and the State on whose territory the death occurred;
If it is issued the Court's decision on the Declaration of death, the date that is in the
decisions listed as the day of death or the date on which the data subject
declared dead have survived, and the date of acquisition of legal power of this
the decision,
(d) the address of the place of stay)
e) nationality, or more of State citizenship.
(3) Information Provided pursuant to paragraph 1. (b)) are
and the name or names), surname, maiden name,
(b)) of the date, place and County of birth; for the data subject, who was born in
abroad, the date, place and the State where he was born,
(c) the social security number),
(d) the address of the place of residence),
e) nationality, or more of State citizenship.
(4) Information Provided pursuant to paragraph 1. (c)) are
and the name or names), surname, maiden name,
(b)) of the date, place and County of birth; for the data subject, who was born in
abroad, the date, place and the State where he was born,
c) country of citizenship or more of State citizenship,
(d)) the type and address of the place of stay
(e)) the beginning of the stay, where appropriate, the date of their stay.
(5) the data which are kept as reference data in the principal registry
the population recovered from the agendového information system registration
of the population or agendového information system for foreigners only if they are
in the shape of the previous status quo.
(6) of the provided data that can be used in a particular case only
such data, which are necessary for the performance of the task.
TITLE VIII
SOME OF THE MEASURES TO REGULATE THE TRADE IN ENDANGERED SPECIES
section 26
Cooperation between the competent administrative authorities on the borders of the European
Community
(1) the Customs authorities shall provide the Ministry of ^ 36) and other authorities competent
under this Act, information about violations of the rights of European
community for the protection of endangered species ^ 2) or this Act, or
suspected violations and information necessary to identify the persons
responsible for violations of these rules and to the further procedure pursuant to §
30, and 34 of this Act. We also provide expert assistance within the limits of their
scope of ^ 40) and cooperate with them in carrying out the tasks arising from the
This Act (section 34).
(2) all specimens, some individuals, of seal products and regulated
furs are goods that when crossing the State borders is subject to
Customs supervision.
(3) the Customs authorities when the customs supervision of the goods, that is, the belongings
a) check whether a specimen is accompanied by the document CITES or
a similar document issued by the relevant Member State of the European
the community, or in any other prescribed document issued by
The Convention, ^ 1)
(b)) in cooperation with the inspections and with the authority or veterinary administration authority
plant health care shall check whether the specimen corresponds to the information referred to
on CITES documents under (a)), and laid down the animal health and
plant health conditions, ^ 3)
(c)), in cooperation with the inspection and veterinary authorities shall check:
whether the shipment of live specimens of animal origin matches for
transport laid down in the documents referred to in point (a)),
(d) further progress under the relevant) provisions of this Act (section 34).
(4) the Customs authorities sent the Ministry collected papers by 15
days from the time of their submission to the Customs Office, with the exception of cases, when
data from these documents are sent electronically.
(5) in the event of violations of the law on the protection of the European communities,
endangered species ^ 11) or this Act, or in case of doubt
the Office of specimen retained and shall immediately inform the inspection.
Inspection of the detainee shall consider on a priority basis at the point of the specimen to the seizure and
to determine whether it will initiate proceedings for the confiscation of specimens (§ 34a), or whether it will be
the detainee specimen left in detention regime for the implementation of the necessary
inspections under this Act and further handling of specimen, in particular
destination specimens, the addition of documents clarifying the factual
circumstances or specimen returns to the person who has it in their possession. In the case that
within 8 hours of the detention of a live specimen is not possible an assessment of the inspections in the
the place of detention, the Customs Office shall ensure that its location in the rescue
the Centre and shall inform the inspection. If the specimen has seized (§ 34a)
proceed under this Act and not in accordance with customs legislation. ^ 41)
the case of detention or seizure of specimens shall communicate this fact to the inspection
the competent authority or veterinary administration of plant health care and
the transfer and the location of the specimens shall be made in accordance with the laid down
terms under other legislation. ^ 39)
(6) if there is a violation of the customs rules, without infringing
law of the European communities on the protection of endangered species) or this ^ 11
the law, and the seizure of specimens or prevents the specimens referred to in
the Customs Act, the Customs Office shall ensure the immediate location of the living
specimens of animal or plant species that is seized
goods, in a rescue centre. With the specimen of the species directly affected
extinction will be loaded according to the recommendations of the Ministry.
(7) Likewise, as the specimens are proceeding with other individuals, if they are not
an export permit (section 18).
(8) Customs authorities also checked whether the importation or transit of controlled
fur is conducted in accordance with the law of the European communities on
the protection of endangered species) and ^ 7 whether the importation and placing on the market of products of
seal products take place in accordance with the directly applicable European law
Union on the trade in seal products ^ 63). In the event that such
goods entered for the customs procedure and its introduction or transit would
There has been a breach of these rules, the Office shall issue a decision on the
not releasing the goods under the procedure, and return them back within a reasonable
within the country of export at the expense of the declarant of goods. Where the Customs Office of
the importation, transit or placing on the market of such goods in violation of these
regulations, shall retain such goods similar to the procedure under paragraph 5 and
or confiscated under special legislation. ^ 41) Customs offices
inform the Ministry about the import or transit of these goods and on
cases, the return, seizure and confiscation.
(9) the Customs authorities shall check whether further importation or transit of the products from the
the seal is not violated by the ban under § 19. In the event that such goods
logged in to customs and its introduction would be a violation of the prohibition of
pursuant to section 19, the Office shall issue a decision on not releasing the goods to
the proposed scheme and return them back within a reasonable time to the country of export on
the cost of the declarant of goods. Where the Customs Office of importation of such goods in the
contrary to the prohibition under section 19, shall retain such goods in a similar procedure
referred to in paragraph 5 and, where appropriate, confiscated under a special legal
prescription. ^ 41) the Customs authorities shall inform the Ministry about the import of those goods
and on cases of his return, seizure and confiscation.
(10) the inspection referred to in paragraphs 3, 7, 8 and 9 of the Customs offices shall be carried out in
cooperation with the inspections.
section 27 of the
Scientific Authority
(1) the scientific authority of ^ 42) is an agency of nature conservation and landscape protection of the Czech
of the Republic. Nature and landscape protection of the Czech Republic is
the organizational component of the State, established by the Ministry of the environment,
based in Prague.
(2) the scientific authority
and) is expressed at the request of the Ministry of the proposal for the establishment or
credentials and contracting to ensure rescue centre,
(b) at the request of the Ministry) is expressed to the breeding or registration
the production equipment under section 29,
(c)) at the request of the scientific opinion issued by registration authority for registration
specimens and to issue a certificate of exemption and is expressed to meet
the conditions for the granting of exceptions from the ban on commercial activities,
d) within the limits of its functions under the Convention, scientific body ^ 1) publishes expert
opinions, where appropriate, shall carry out the other tasks on the basis of the instructions of the Ministry and
provides additional assistance at the request of the competent authorities of the State
Administration under this Act,
e) collects professional data for species of flora and fauna, which are
subject to this Act, and prepares information for the Commission,
f) cooperates with scientific institutions of the Member countries of the Convention "^ 1") and other
international organizations in the field of the protection of nature; in conjunction with the
the Ministry works with the executive authorities of the Member countries of the Convention ^ 1)
and with the Convention secretariat, ^ 1)
(g)), in cooperation with the competent authorities of the State administration under this Act
collects, processes and analyses data on trade in animal species
and plants, which are covered by this law, including trade
illegal, and draw up recommendations for the protection of species, regulating the
trafficking and to prevent illegal trade,
(h)) at the request of the Ministry shall deliver an opinion to the granting of exceptions from the hunting
cetaceans under section 20 (2). 2.
section 28
The Ministry after receiving the proposals, the recommendations from the scientific authority under section 27 of the
paragraph. 2 (a). g) shall send this information along with your observations to the Commission.
section 29
Natural persons with permanent residence on the territory of the Czech Republic and the legal
persons established in the territory of the United States can register a breeding
or nurseries for the Convention secretariat "^ 1") for the purpose of export
specimens in accordance with the Convention, through the Ministry of ^ 1) and with
the law of the European communities on the protection of the endangered species. ^ 43)
Rescue Centre
section 29a
(1) the Rescue Center is the permanent establishment in which are kept or
grown detained or seized live specimens, as well as live
specimens whose administration it is for Inspection
(2) the Ministry leads and manner allowing remote access exposes
the rescue center, indicating the list of taxa of live specimens
can be placed in a rescue centre.
(2) the Ministry leads and manner allowing remote access exposes
the rescue center, indicating the list of taxa of live specimens
can be placed in a rescue centre.
section 29b
(1) the rescue Center can be operated only on the basis of the authorisation
of the Ministry. Based on the credentials of the Ministry can be a life-saving
the center operated also organizational State; paragraphs 2 to 8
the delegation of the State of the operation of the rescue departments
the Centre shall apply mutatis mutandis.
(2) an application for authorization to operate a rescue centre serves
the Ministry of legal or natural person who intends to rescue
to operate the Center.
(3) an application for authorization to operate a rescue centre must contain
and designation of the person) the owner and the person of the applicant for the licence to operate
Rescue Centre, if they are not identical with the person of the applicant,
b) affidavit the applicant for authorisation for the operation of the rescue
the center that will not be detained without the consent of složitele specimens and
the provisional administrator of the confiscated specimens to provide information about these
copies to third parties,
(c)) the list of taxa of live specimens, by the applicant for authorisation to
the operation of the rescue centre proposes to put
(d) a description of the device) and its capacity in terms of individual taxa, or
their groups, how the location of specimens from the point of view of health and appropriate
living conditions and measures to prevent evasion of specimens,
(e) draft operating regulations equipment), which also contains the contacts on the
the persons responsible to ensure acceptance and release of seized and confiscated
specimens, the number of professional staff, and a way to ensure regular
veterinary or phytosanitary care,
(f) the address of the place where) the rescue Center operated.
(4) If an applicant for a licence to operate a rescue centre
Zoological Garden with the licences under another law ^ 29),
replaced by the submission of a valid license requirement of the application referred to in
paragraph 3 (b). a) and (b)).
(5) the condition for the issue of permits for the operation of the rescue centre is
integrity of the applicant, if it is a natural person; When the applicant is
legal person, subject to the condition of integrity on all members of the
the statutory body of the applicant; for integrity, is considered to be the person who
satisfies the conditions laid down in paragraph 6 (1). 2 (a). (b)) of the Zoo
the gardens. Integrity shall be evidenced by a statement of convictions;
for zoos is proof of good repute in accordance with valid licence
another law ^ 29). The Ministry, in order to substantiate the
integrity of the requests under special legislation ^ 65) extract from the
criminal records. Request to issue the statement of record
an extract from the criminal record, criminal records are to be transmitted in electronic
form, in a manner allowing remote access. A natural person who
He is not a citizen of the United States, evidenced by the integrity of the statement of
evidence of a similar criminal record issued by the State, which is a natural
a person's nationality, as well as the documents issued by the States, in which more than 3
months continuously in the last 3 years. Legal person,
which has its registered office outside the territory of the United States, demonstrates the integrity statement
from the records of a similar criminal record issued by the State in which it has its registered office,
If such documents are issued by this State, as well as the documents issued by the
States in which the taking for more than 3 months in the last 3 years,
If such documents issued by these States. Statements that show the
integrity must not be older than 3 months. If the State does not issue statements or
documents referred to in the fifth and sixth sentences, shall submit to the Ministry a natural or
legal entity an affidavit about his integrity.
(6) Ministry in the framework of the issue of permits for the operation of
Rescue Centre will require a consultation of the scientific authority and the inspection and
binding opinion ^ 43a) the central control and testing Institute
the agricultural or the State Veterinary Administration of the Czech Republic.
(7) a party to the administrative procedure for the authorisation for the operation of the rescue
the Centre is also a municipality in whose territory the project is rescue Center
powered by:.
(8) the decision on the permit to operate a rescue Center contains
list of taxa to be placed into the rescue centre, specifying
the capacity of the device and the obligations, where appropriate, conditions under which the
authorisation is issued.
section 29 c
(1) the operator of a rescue centre is obliged to
and Act conferred on the specimens) in conditions which ensure their
biological requirements and demands, their health and well-being, and ensure
care of specimens assigned competent natural persons
(b)) to prevent and effectively prevent the evasion of conferral of specimens,
(c)) to prevent and effectively prevent the spread of parasites and pathogens
by using the appropriate technical and protinákazových measures,
(d)) to keep a record of the entrusted specimens; the register shall contain information about the
medical specimens, details of the veterinary
examinations and treatments, where appropriate, information on the disposal of fallen stock
specimens,
(e) to submit to an inspection upon request), ministries, veterinary
management, plant health care institutions or customs office to register
specimens,
(2) the amount of reimbursement of the costs of care for a group of species specimens including
the cost of food, energy and care with the exception of the cost of breeding
the veterinary services shall determine the implementing legislation.
section 29 d
(1) the Ministry may suspend the operation of a provisional measure
Rescue Centre in the event that they are being violated seriously in other
legislation in the field of nature protection, the protection of animals against cruelty,
veterinary or plant health.
(2) the Ministry may on its own initiative or at the request of the operator
Rescue Centre to change or cancel an authorization to operate
Rescue Centre, if it is changed or ceased to exist the conditions under
which the authorisation was granted, in particular if the rescue Center has ceased to
to fulfil its function or has been made redundant, or if the operator
the rescue Center violates the provisions of this Act or the regulations on the
the protection of animals against cruelty ^ 13). If necessary, the Ministry in
the decision on the revocation or amendment of the authorisation for the operation of the rescue
the Centre provides security for more care of live specimens
in the rescue centre are located.
(3) the authorisation to operate a rescue centre shall cease, if the was
license revoked or ceased to exist for the Zoo, which rescue
the center operated.
TITLE IX OF THE
EXAMINATION OF COMPLIANCE WITH THE LAW, DETENTION AND SEIZURE OF
section 30
Review
(1) the inspection shall exercise control over the observance of the rights of European
community for the protection of endangered species ^ 34) and this law, stores
measures to ensure that the obligations deriving from, figuring out
the identity of the persons responsible for the violations, imposes fines,
or detains or confiscates the specimens referred to in this Act. By
does not affect the permissions of the Customs Office arising from the customs
^ 41) regulations, unless this Act provides otherwise. Inspection on
checks and certification by a recognized authority, established and operating in the Czech
Republic by the directly applicable European Union legislation on trading
in seal products ^ 64).
(2) on the performance of the control activities Control Act applies, if it is not in the
This Act provides otherwise.
(3) inspectors shall exercise control activities demonstrate proof of
the inspection, which is at the same time proof of their credentials for review.
(4) a person who disposes of the belongings, another individual, a product of the
seals or controlled the fur, is required to enable the inspection
executing control finding their identification mark to determine the
the identity of the specimens and other tasks needed to determine their identity.
Furthermore, this person is obliged to allow the inspection of carrying out control
analyze blood or tissue specimens or parts or other
of the individual to determine ancestry (ancestry) specimens and allow
collateral and collection of necessary samples.
(5) the samples for control purposes under this Act does not belong
the person to whom the sample was taken, the refund.
(6) inspection is entitled, in cases of violation of this Act or the
Regulation in the field of trading in endangered species ^ 9) order restrictions
or stop the activity until the Elimination of the causes and deficiencies.
Inspections may require the operator of a means of distance communication to
delete advert, which is contrary to Section 23b.
section 30a
cancelled
section 31
cancelled
§ 32
cancelled
§ 33
(1) the Ministry may reject an application for issue of the document CITES for the purposes
import, export or re-export of specimens of a person who was
been convicted of the offence or the responsible of the different administrative
offence under this Act, or which has been seized by a specimen in accordance with
This Act, for a period of up to 2 years from the legal force of such
decision.
(2) the Ministry may reject an application for issue of the document CITES for the purposes
import, export or re-export of specimens of a person who was
sentencing for the offense under another legal
prescription ^ 48) and until the expungement of the conviction. ^ 49)
§ 34
The detention of specimens
(1) if the inspection or the Office of violating the rights of European
community for the protection of endangered or threatened species, or of this Act, or if the
These authorities have reasonable doubts as to the legal origin of the waste
him, the authenticity or validity of the permit or certificate or whether
the specimen belongs to a species or populations, whose import, export, reverse
export, transit or business with them are limited or prohibited
or is prohibited from possession, holds the specimen. Inspection or customs
the authority may detain the specimen along with the portable device, which
the specimen is located at the time of detention. A specimen of a person who is detained,
is required to be inspected or the Customs Office of release. If they do not,
the specimen may be withdrawn.
(2) where the specimen holds the Office, it shall immediately inform
inspection. Inspection, the detainee living specimen relief Center. About
the interception of a live specimen and his pass to the rescue centre
inspection or the Customs Office shall inform the competent authority of the Veterinary Administration
or the competent authority plant health care. In justified cases,
You can leave it in the care of the detainee specimen of its holder, who with him after
the period of detention shall not, without the consent, in addition to necessary care inspection
to dispose of.
(3) on the detention of specimens shall issue the Customs office or inspection person
a specimen of a detained, written confirmation. Specimens of the detention inspection
inform the Ministry. If the inspection of specimen retained by or to
the detainee takes over from the Customs Office shall initiate the inspection within 30 days of
the detention of the seizure of control specimens, specimens, and that in the case that
not until then cleared up the doubts referred to in paragraph 1. For the purpose of
clarification of the doubts, the Customs office or inspection request from
the owner, holder, holders, or fixed carrier specimens
submission of the necessary documents, the confirmation, if appropriate, an opinion of the Court of
an expert in a relevant field, or a testimonial will take care of themselves. If
the doubts prove unfounded, is obliged to the competent authority of the
the specimen return their owner, holder or the authorized
carriers, including all the detained documents.
§ 34a
Confiscation of specimens
(1) inspection confiscated illegally acquired, imported, exported, reverse
balanced or held by a specimen, the specimen of which has not been registered
under section 23, or specimen, which has not been proved within the meaning of section 24
the law. Only in justified cases and when it is not in conflict with
other legislation, the inspection from the seizure. As well
the inspection shall proceed in the case that has been infringed the right of the European
community for the protection of endangered species) ^ 2. The decision on seizure issues
inspection within 90 days from the date of initiation of the proceedings for the seizure. In justified
cases, the Ministry of this period mutatis mutandis in relation to the
the investigation may be extended. The appeal against the decision on seizure does not have suspensory
effect.
(2) in the event that the mail or other parcel contains specimens,
which is restricted or prohibited pursuant to the law of European management
community for the protection of endangered or threatened species, or of this Act, and
reason to believe that a breach of this law or the law of the European
community for the protection of endangered species and the consignee in writing
refuses to accept this shipment, inspection or the Customs Office shall detain the specimen
According to § 34. Subsequently, the inspection shall initiate the procedure for the seizure with the
the last known holder of the consignment.
(3) the Distrained the belongings of a specimen that is also confiscated for breach of
The Convention in the territory of another State and that was sent to the Office of the State
the Ministry, in accordance with the Convention. The confiscated specimens cannot be rolled back
the person, that were seized, even vicariously. If there is a
return of specimens in contravention of this provision, the inspection it again
have fun.
(4) the person to whom a specimen was captured and that its conduct infringed the
law of the European communities on the protection of endangered species or the
law, shall bear the costs associated with the care of the detainee, and up to the
a final decision on its confiscation or return. Inspection costs
calculates on the basis of their billing operator rescue centre,
to which the specimen was located, and the decision will save their payment to the person
that a specimen was detained. This cost recovery is income of the State
Environmental Fund.
(5) the costs associated with retention and other handling of specimen,
to be borne by the Government or that must be spent before it can cost
quantify and collect in accordance with paragraph 4, shall be borne by the Ministry.
(6) the decision on the confiscation of specimens shall send the inspection within 10 days from the date of
legal force of the decision to the Ministry. At the same time inform the inspection
the Ministry where the specimen at the date of acquisition of legal power of this
the decision is located.
(7) the owner of the specimens seized on the basis of a final decision
becomes a State, with the management of this specimen belongs to
the Ministry. Ministry within 3 months from the date of acquisition of legal power
the decision on seizure to determine how it will be loaded with the belongings of a further,
and can I convert the right to management of a specimen to another
State organizational unit or a legal person, in justified
cases, may convert the specimen into the ownership of the appropriate person.
(8) in the case of loans more than 90 days, lease, sale or other
transfer of seized specimens, which became the property of the State in accordance with
paragraph 7, the Ministry shall issue the borrower, lessee or the new
transferee confirm the origin of seized specimens on the form a
requirements provides for the Ministry of the implementing regulation.
§ 34b
(1) the provisions on seizure and confiscation of specimens shall apply mutatis mutandis to the
the detention or seizure of the regulated product of seal furs, or
another individual.
(2) the management of specimens, products of seal fur and regulated
other individuals passed the inspection pursuant to the Act on the enforcement of collateral
property and things in criminal proceedings will apply mutatis mutandis the provisions of this
the law governing the treatment of detainees; including the method
the calculation of the amount of the refund of the costs of care of live specimens for operators
the rescue center.
TITLE X
ADMINISTRATIVE OFFENCES
§ 34 c
Misdemeanors
(1) a natural person has committed the offence by
and) in contravention of this Act or the regulations in the field of trafficking in
endangered species ^ 9) it's fake, counterfeit, altered or invalid
a permit or certificate,
b) contrary to regulation in the field of trading in endangered species ^ 27)
the competent authority does not submit the notification of imports of specimens,
(c)) as the applicant in breach of regulation in the area of trafficking in
endangered species ^ 50) fails to inform the competent authority to which the request
serves about previous rejection of their applications for permits or certificates
under this Act or the regulations in the field of trading in endangered
species
d) fails to comply with the condition laid down in the permit or in the confirmation required
regulations in the field of trading in endangered species ^ 9)
by law, or in the registration sheet,
e) hold, gets, donates, sells or offers for sale the registration sheet
or a certificate of exemption from the prohibition on commercial activities, to which the
physically there is a specimen,
f) sells or offers to sell the specimen in contravention of Section 23b of paragraph 1. 1 to
3, or as the operator of a place or a means of distance communication,
through which it is offered for sale or sold specimens
does not ensure the publication of information required pursuant to Section 23b of paragraph 1. 4,
(g)) as the operator of a means of distance communication does not remove the ad
pursuant to Section 23b of paragraph 1. 4, or
(h)) in cases stipulated by § 24 para. 7 does not keep records of breeding
the specimens.
(2) a natural person has committed the offence by
and, as the owner or long-term) holder of the imported specimens, other
the individual, the product of the cetaceans, seals or regulated product from the fur in
contrary to § 24 para. 4 when the transfer of ownership does not pass to the
specimens, renting or letting the specimens to the new owner or the holder of the
the original of the relevant document CITES, or similar proof of import
required by the regulations in the field of trading in endangered species ^ 9) or
This law,
(b)) as a person, that a specimen was, another individual, a product of cetaceans,
the product of the seals or detained or seized by the regulated fur and
left in the care of this specimen, another individual, a product of the
cetacean product from controlled the fur seals, illegally disposes of,
(c)) shall be treated with the belongings of a species endangered of extinction directly in conflict with the
the import authorization or other permission granted in accordance with this Act,
or pursuant to regulation in the field of trading in endangered species ^ 9),
d) it permits, certificates or the certificate referred to in regulation in the field of
trading in endangered species ^ 9) or registration list with another
specimens of another individual, a product of the seals or regulated fur,
than was the one for which this document was issued,
(e) the applicant intentionally provide) such as the incorrect statement or incorrect
or incomplete information in order to obtain permits, certificates or
of the registration document under this Act or under the regulation in the field of
trading in endangered species ^ 9),
(f)) takes a controlled fur or performs its transit contrary to
directly applicable European Community law ^ 7),
g) export or attempt to export another individual without permission in violation of
with § 18 para. 1,
h) takes the product of the seals, contrary to section 19 or with directly applicable
the EU regulation on the trade in seal products ^ 63),
I) export artificially propagated specimen of a plant species interfere with
Regulation in the field of trading in endangered species ^ 44) or section 17 or
of such export attempts,
j) as the owner or the holder of a fixed specimens it within the time limit
log on to register under section 23, does not report changes concerning
specimens or changes on the specimens in accordance with § 23a, does not ensure that the specimen
He was always accompanied by your registration slip or other documents
laid down in § 23 para. 2, or does not mark the specimen under section 23 c, or
to not allow inspection of the Kft) the findings of the data or
perform acts pursuant to § 30 para. 4.
(3) a natural person has committed the offence by
and imports, export or) reverse takes specimen, it tries to export,
reverse takes or attempts to re-export of specimens to the United
States or from the United States or conveys the importation of specimens
or otherwise disposes of the belongings in contravention of this Act or
regulations in the field of trading in endangered species ^ 9),
(b)) shall be sent to the Czech Republic or specimens sent from the United States and
performs their transit through the territory of the Czech Republic in contravention of this
Act or the regulations in the field of trading in endangered species ^ 9),
(c)), invites for sale buys, sells, holds for sale, offers
for sale or transporting for sale of specimen in contravention of this
Act or the regulations in the field of trading in endangered species ^ 9),
d) forges a registration list or amend its contents to be used
as a right, or it's the registration list as the right to
sale or acquisition of permits, certificates or registration worksheet
(e) violates the ban on hunting of cetaceans) laid down in section 20 (2). 1, or
f) in the cases provided for in section 24 does not prove the legal origin of the specimens
or the legal origin of another individual, which is subject to this Act,
or the origin of the regulated product or of the fur seals.
(4) for offenses can impose a fine in the amount of
and 100 000 CZK), if the offence referred to in paragraph 1,
b) 500 000 CZK in the case of the offence referred to in paragraph 2,
(c) 1 500 000 $), if the offence referred to in paragraph 3.
§ 34 d
Administrative offences of legal entities and natural persons-entrepreneurs
(1) a legal entity or individual entrepreneur is committed by the administrative
tort by
and) in contravention of this Act or the regulations in the field of trafficking in
endangered species ^ 9) it's fake, counterfeit, altered or invalid
a permit or certificate,
b) contrary to regulation in the field of trading in endangered species ^ 27)
the competent authority does not submit the notification of imports of specimens,
(c)) as the applicant in breach of regulation in the area of trafficking in
endangered species ^ 50) fails to inform the competent authority to which the request
serves about previous rejection of their applications for permits or certificates
under this Act or the regulations in the field of trading in endangered
species
d) fails to comply with the condition laid down in the permit or in the confirmation required
regulations in the field of trading in endangered species ^ 9)
by law, or in the registration sheet,
e) hold, gets, donates, sells or offers for sale the registration sheet
or a certificate of exemption from the prohibition on commercial activities, to which the
physically there is a specimen,
f) sells or offers to sell the specimen in contravention of Section 23b of paragraph 1. 1 to
3, or as the operator of a place or a means of distance communication,
through which it is offered for sale or sold specimens
does not ensure the publication of information required pursuant to Section 23b of paragraph 1. 4,
(g)) as the operator of a means of distance communication does not remove the ad
pursuant to Section 23b of paragraph 1. 4, or
(h)) in cases stipulated by § 24 para. 2 and 7 does not keep records on trade
or records of breeding specimens.
(2) a legal entity or individual entrepreneur is committed by the administrative
tort by
and, as the owner or long-term) holder of the imported specimens, other
the individual, the product of the cetaceans, seals or regulated product from the fur in
contrary to § 24 para. 4 when the transfer of ownership does not pass to the
specimens, renting or letting the specimens to the new owner or the holder of the
the original of the relevant document CITES, or similar proof of import
required by the regulations in the field of trading in endangered species ^ 9) or
This law,
(b)) as a person, that a specimen was, another individual, a product of cetaceans,
the product of the seals or detained or seized by the regulated fur and
left in the care of this specimen, another individual, a product of the
cetacean product from controlled the fur seals, illegally disposes of,
(c)) shall be treated with the belongings of a species endangered of extinction directly in conflict with the
the import authorization or other permission granted in accordance with this Act,
or pursuant to regulation in the field of trading in endangered species ^ 9),
d) it permits, certificates or the certificate referred to in regulation in the field of
trading in endangered species ^ 9) or registration list with another
specimens of another individual, a product of the seals or regulated fur,
than was the one for which this document was issued,
(e) the applicant provides false) statement or incorrect or
incomplete information in order to obtain permits, certificates or proof of
registration under this Act, or pursuant to regulation in the field of
trading in endangered species ^ 9),
(f)) takes a controlled fur or performs its transit contrary to
directly applicable European Community law ^ 7),
g) takes another individual without permission in violation of § 18 para. 1,
h) takes the product of the seals, contrary to section 19 or with directly applicable
the EU regulation on the trade in seal products ^ 63),
I) export artificially propagated specimen of a plant species interfere with
Regulation in the field of trading in endangered species ^ 44) or section 17,
j) as the owner or the holder of a fixed specimens it within the time limit
log on to register under section 23, does not report changes concerning
specimens or changes on the specimens in accordance with § 23a, does not ensure that the specimen
He was always accompanied by your registration slip or other documents
laid down in § 23 para. 2, or does not mark the specimen under section 23 c, or
to not allow inspection of the Kft) the findings of the data or
perform acts pursuant to § 30 para. 4.
(3) a legal entity or individual entrepreneur is committed by the administrative
tort by
and imports, export or) backward to export the specimen to the United States or from the
The United States, or arrange the importation of specimens or specimen
otherwise be dealt with in contravention of this Act or the regulations in the field of
trading in endangered species ^ 9),
(b)) shall be sent to the Czech Republic or specimens sent from the United States and
performs their transit through the territory of the Czech Republic in contravention of this
Act or the regulations in the field of trading in endangered species ^ 9),
c) processes, packaged or repackaged caviar without a license or marks
Bowl with caviar in breach of regulation in the area of trafficking in
endangered species ^ 22) or traded with caviar in contravention of this
by law or regulation in the field of trading in endangered species,
d) forges a registration list or amend its contents, or
It's counterfeit or forged registration list as a right in the sale
or obtaining permits, certificates or registration worksheet
e) buys, encourages the sale, for business purposes, public
exhibiting for commercial purposes, sale, used
commercial gain and sale, sells, holds for sale, offers to
sale or transporting for sale of specimen in contravention of
regulations in the field of trading in endangered species, or of this Act,
(f) violates the ban on hunting of cetaceans) laid down in section 20 (2). 1, or
(g)) in the cases provided for in section 24 does not prove the legal origin of the specimens
or the legal origin of another individual, which is subject to this Act,
or the origin of the regulated product or of the fur seals.
(4) For administrative offences of legal persons shall be fined in the amount of
and 100 000 CZK), in the case of an administrative offence referred to in paragraph 1,
b) 500 000 CZK in the case of an administrative offence referred to in paragraph 2,
(c) Eur 1 500 000), in the case of an administrative offence under paragraph 3.
section 34e
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
the obligation to prevent.
(2) in determining the amount of the fine on a legal person shall take account of
and) and circumstances of committing an administrative offense, the importance and
the extent of its consequences, for the duration of the infringement or
the infringement induced by the administrative tort,
(b)) to determine whether and how the offender hung on the elimination or mitigation of
the harmful consequences of the administrative offense,
(c)) on how the offender helps to clarify the competent authorities
the administrative offense that committed,
(d)) as to whether the offender has complied with the obligation imposed in a timely manner to
deficiencies or for the implementation of corrective measures.
(3) the liability of a legal person for an administrative offense shall cease, if the
administrative authority about him has not initiated proceedings within 1 year from the date on which it
learned, but not later than within 3 years from the date on which it was committed.
(4) administrative offences pursuant to § 34 c 34 d and dealt with at first instance
the inspection.
(5) The liability for the acts, which took place in the business
person ^ 51) or in direct connection with it shall be subject to the provisions of this
the law on liability of legal persons and sanctions.
(6) a fine under section 34 c 34 d and is due within 30 days from the date of acquisition of legal
the decision, which has been saved. Is the income of the State Fund of the
environment ^ 45). The authority which levied the fine it imposed.
TITLE XI
RECORDS, REPORTS AND INFORMATION
§ 35
(1) the Ministry keeps records of applicants for import, export or reverse
exports of specimens and of any other document which the Ministry issued pursuant to
This law, and other records and registration under this Act.
The Ministry leads and manages the central registry of permits, certificates and
registration issued by the Ministry or the regional authorities for
the import, export, re-export or other treatment of specimens and database
received documents of foreign States and issued certificate for the purposes of proving
the authorised imports. The Ministry leads and also manages the registry of
specimens seized and confiscated inspections pursuant to § 34 paragraph 1. 5.
The database contains all the data necessary for the processing of messages by
paragraph 2 and data showing the identity of the exporter and importer. The data from the
registration of applicants for import, export or re-export of specimens including
reference material and data from other registers and registration under this
the law shall be kept for a period of 5 years from the submission of the application, the other information in the
the registry shall be kept for a period of 10 years.
(2) the Ministry processes the message according to the requirements of the Convention, "^ 1") with the
an overview of registered export, re-export and import of specimens to
the basis of the extract from the register referred to in paragraph 1. Personal information to exporters and
the annual report does not include importers. The annual report is issued in English
and English and the date of release will be made available to the public.
(3) the Ministry further processes the message according to the law of the European
community for the protection of endangered or threatened species. ^ 53)
(4) the authorities that issue the exception to the prohibition of business activities by
section 15a and the specimens are registering under section 23, are stored by
special legislation ^ 52) a copy of the issued documents in paper
the form or information from them in electronic form for at least 5 years after the
death, permanent export from the United States or the demise of the specimens. Data on the
issued certificates of exemption the prohibition of business activities and
registration sheets of issuing authorities shall send electronically to the
the central register maintained by the Department pursuant to paragraph 1.
(5) data from the stored documents and records referred to in paragraphs 1 to 4,
including data on exporters and importers and data on registered
copies and their owners, or long-term holders,
provide the competent authorities the extent necessary upon request to the authorities
According to § 25, scientific authority, animal protection authorities and the police of the Czech
of the Republic. The Ministry may, in accordance with the particular legal
Regulation, ^ 54) the data referred to in paragraph 1 to the extent necessary to provide the
whether or not the Convention secretariat ^ 1) and to the competent authorities of foreign States in accordance with
^ 1 of the Convention) and to the Commission.
(6) Ministry, regional authorities, scientific authority, Directorate-General
Customs, inspection, customs, veterinary authorities, authorities of the protection
animal and plant health regime and the police of the Czech Republic are obliged to
provide each other on request the particulars to the extent necessary, including
personal data that are available, related to the performance
control activities under section 30.
(7) inspection keeps records of persons who have been a final decision
convicted of offences or the responsible of administrative offences according to the
This Act, and shall keep under special legislation ^ 52)
filing material relating to proceedings about violations or administrative
offences or pursuant to this Act for a period of at least 5 years. Registration
contains the data demonstrating the identity of persons lawfully convicted of
offences or liable for administrative offences.
(8) employees of the institutions referred to in paragraph 5 are obliged to maintain in
relation to other persons of the confidentiality of the facts, which are
the execution of the tasks under the law of the European communities on
the protection of endangered species) or ^ 34 of this Act or in connection with the
them and that in the interest of security tasks according to the law of the European
community for the protection of endangered species ^ 34) or this Act, or in the
the interest of other people require to remain secret from
persons. This obligation continues after termination of employment.
(9) the provisions of paragraph 8 shall not affect the obligation of
confidentiality under the special law. ^ 54)
section 35a
cancelled
TITLE XII
COMMON PROVISIONS AND TRANSITIONAL
section 36
In the case of specimens that was registered under section 22 of Act No.
16/1997 Coll., on conditions for imports and exports of endangered species of wild
wild fauna and flora and other measures for
the protection of these species and amending and supplementing Act No. 114/1992 Coll., on the
nature and landscape protection, as amended, within a period of
the effective date of this Act shall be valid as proof of registration
continue to registration list issued by the competent registration authority in the
the specified period. Such a registration list applies only to the territory of the United
of the Republic.
§ 37
(1) a permit issued in accordance with the law of the European communities on
the protection of endangered species ^ 34) or under this Act or registration
It does not replace the authorisation, as appropriate, of measures issued in accordance with other legal
legislation. ^ 55)
(2) a permit issued in accordance with the law of the European communities on
the protection of endangered species ^ 34) or under this Act does not replace
exemption from the prohibition of rearing for specially protected species under another
legislation. ^ 56)
(3) a document CITES (section 21 (1)), a certified true copy of the document issued by the CITES
the regional authority ^ 32b) pursuant to § 24 para. 5, confirmation of the Ministry for
the purpose of the demonstration allowed importation (section 22 (3)), the exception from the prohibition on
commercial activities with the belongings of a, ^ 10) the decision of the Ministry of
permission to export the individual especially protected species (section 18) and confirmation of
the origin of seized specimens (§ 23 para. 8, § 34a para. 8) are public
by the Charter.
(4) a public document is also:
and the like) a document referred to in paragraph 3 of the documents issued by the competent executive
authority of another Member State of the European communities,
(b)) a document issued by the competent authority of another State than the Member State of
Of the European communities of the Convention for specimen, "^ 1")
(c)) of the certificate issued for regulated fur by the competent authority of another
State other than the Member State of the European communities.
§ 38
(1) for the proceedings under this Act relating to the specimens,
the time limit applies for the issue of permits and certificates stipulated by the Commission in accordance with
law of the European communities on the protection of the endangered species. ^ 58)
(2) as an exception to the provisions of paragraph 1 is the issuing of registration documents
pursuant to § 23 para. 3 and the confirmation of the origin of seized specimens referred to in article 23 of the
paragraph. 8 and section 34a of paragraph 1. 8; in these cases, the application must be on the document
or certificate executed within 30 days from the date of receipt of the request, or
from the date of completion of the application of the necessary formalities or, in the case of
confirmation of the origin of seized specimens, specimens from the date of transfer of the
Ministry to another tenant or new record are lent, the acquirer.
§ 38a
Changes and cancellation decisions
Decision issued under regulation in the field of trading in endangered
^ 9 species) and this Act may be amended or repealed Department if
and the decision was made) on the basis of false assumptions, that the conditions
for its issuance were met ^ 58a)
(b)) will change the facts for the issuance of such
the decision,
(c)) the legitimate decision meets the conditions or obligations in it
laid down, or
(d)) in the activities carried out on the basis of the decision of the violation
the provisions of this law or of the law of the European communities on the protection of
endangered species or a substantial damage to other legitimate
interests in the protection of endangered species.
§ 39
Submission of applications for permits and certificates, with the exception of confirmation needed
to move in accordance with the law on the protection of the European communities,
endangered species ^ 34) or of this Act, shall be subject to an administrative fee,
If its amount is determined by other legislation. ^ 59) the Ministry may in
cases of special consideration of (for example, if the imports, will contribute
the export or re-export to the conservation of the species) fee on request
waived. The request for remission of fee is not subject to the administrative
of the fee.
section 40
(1) a person who disposes of the specimen or another individual, a product of the
seals or controlled a fur is required for the purposes of § 24, 26
and 30 of the inspection, the Customs office or other institutions under this Act
an explanation, submit the relevant documents and provide other necessary
information, to submit to an inspection and removing of patterns and samples relating to the
specimens, other individuals, products of seal fur and regulated.
(2) a State is responsible for damage caused by the staff of the institutions performing
inspection under section 26 or section 30 in connection with the performance of their tasks; It
does not apply if damage is caused to a person, that your
a legitimate and proportionate to the infringement procedure. In doing so,
proceed under other legislation. ^ 60)
§ 41
The proceedings initiated before the date of entry into force of this law shall be completed
According to the existing legislation.
§ 42
The issue of the implementing legislation
The Ministry will issue a decree to implement section 1 (1). 2 (a). (c)), section 3 (2).
7 and 9, § 15a paragraph 1. 4, section 15 c of paragraph 1. 3, section 16, section 16b, para. 8, § 17, § 18
paragraph. 1, § 22 para. 5, § 23 para. 1 (b). and § 23 paragraph 1). 3, 8 and 9, §
23A para. 6, Section 23b para. 5, section 23 c of paragraph 1. 5, Section 23d para. 8, § 24 para. 2
and 9, § 25 para. 2 (a). m), section 29 c of paragraph 1. 2 and § 34a para. 8.
PART TWO
Amendment of the Act concerning the conditions of the import and export of endangered species
wild fauna and flora and other measures for
the protection of these species
§ 43
In the law No 16/1997 Coll., on conditions for imports and exports of endangered species
of wild fauna and flora and other
measures to protect these species and amending and supplementing the Act of the Czech
the National Council No. 114/1992 Coll., on nature and landscape protection, as amended by
amended, is part of the first through the seventh.
PART THREE
Amendment of the Act on nature and landscape protection
§ 44
Act No. 114/1992 Coll., on nature and landscape protection, as amended by Act No.
347/1992 Coll., Act No. 289/1995 Coll., Act No. 3/1997 Coll., Act No.
16/1997 Coll., Act No. 123/1998 Coll., Act No. 161/1999 Coll., Act No.
238/1999 Coll., Act No. 132/2000 Coll., Act No. 76/2002 Coll. and Act No.
320/2002 Coll., is amended as follows:
1. Footnote 4a):
"4a) Act No 100/2004 Coll., on the protection of species of wild fauna and
flora by regulating trade therein, and other
measures to protect these species and on amendments to certain acts (the Act on
trading in endangered species). ".
2. In article 53 paragraph 1 reads:
"(1) exports of specially protected minerals is disabled. An export permit
may exceptionally in cases worthy of special attention to grant
The Ministry of the environment. Exports of specially protected species
flora and fauna is adapted special legislation. ^ 4a) ".
3. § 54 para. 1 the words "(§ 5 para. 6) "shall be replaced by the words" or in accordance with
special legal předpisu4a) import and export of endangered species. "
4. In § 79 paragraph 2. 3 (b). j), the words "of plants, animals, and" are deleted.
5. In § 87 para. 3 (b). I), the word "species" before a semicolon replaces
the word "minerals".
6. In section 88 para. 2 (a). k), the word "species" before a semicolon replaces
the word "minerals".
PART FOUR
The EFFECTIVENESS of the
§ 45
(1) this Act shall come into effect on the date of the accession treaty
The Czech Republic to the European Union enters into force.
(2) the provisions of section 35 shall be valid until the expiry of 30 June. June 30, 2010.
Fort Worth Star Telegram in r.
Klaus r.
Spidla in r.
Annex 1
Products of certain seal pups under section 2 (b). (j))
The number of the heading number Description
CCT
1 ex 43.01 raw and tanned Leather or earned,
including furskins assembled in plates,
crosses and similar forms:
ex 43.02 A-white fur hooded seals (pups
Pagophilus
groenlandicus
)
-pups with blue back hooded seals (
Blue-backs
cristata
)
2 ex 43.03 articles and fur referred to under item 1
Annex 2
List of species other than the species threatened with extinction, directly on the
the specimens covered by the obligation to register
Registration obligation pursuant to § 23 para. 1 (b). (b)) of the Act applies
also the following other species at risk of extinction than species directly:
and) live specimens the following species of mammals:
Elephantidae spp.
(all types of family references)
A member of the spp.
(all species belonging to the family cat with the exception of domesticated forms of "cat
Home ")
Primates spp.
(all types of primates)
Rhinocerotidae spp.
(all the species belonging to the family nosorožcovití)
(b)) of live specimens of the following species of birds:
Aquila nipalensis
(steppe Eagle)
Aquila rapax
(Eagle, ochre).
Selected provisions of the novel
Article. (II) Act No. 346/2009 Sb.
Transitional provisions
1. The Emergency Center set up to the date of entry into force of this Act shall be
consider a rescue centre or authorised under law No.
100/2004 Coll., in the version in force from the date of entry into force.
2. the administrative proceedings under the Act No 100/2004 Coll., in the version in force until the date of
entry into force of this Act, initiated by the administration of the National Park, or
the administration of the protected landscape area and finally the unfinished until the date of the acquisition of
the effectiveness of this law will complete the regional office.
Article. (IX) Act No. 279/Sb.
Transitional provision
Checks and administrative proceedings for the imposition of fines by the police under section 30a
Act No. 100/2004 Coll., which began before the date of entry into force of this
Act shall be completed according to the existing legislation.
1) Renowned under no 572/1992 Sb.
2) Council Regulation (EC) No 338/97 of 9 December 1996 on December 1996 on the protection of species of
of wild fauna and flora by regulating trade therein
with them, the other regulations of the European Communities issued on its basis,
in particular, Commission Regulation (EC) no 865/2006.
Council Regulation (EEC) No 348/81 of 20 May. January 1981 on common
rules for imports of whales and other cetaceans.
Council Regulation (EEC) No 3254/91 of 4 March. November 1991 on the prohibition
the use of leghold traps in the community and forbidding to the community
bring furs and goods made from certain species of wild
animals originating from countries where they are used to capture
the wear of the trap or other lapací methods, which do not meet international
humane trap standards, other regulations of the European Communities issued on
its basis, in particular Commission Regulation (EC) No 35/97, Commission Regulation
(EC) no 2087/2001, Council decision No 97/602/EC.
Council Directive 83/129/EEC of 28 June 1999. March 1983 concerning the importation of fur from
of certain seal pups and products derived therefrom to the Member States.
3 A-D) of the annex to Council Regulation (EC) No 338/97.
The annex to Council Regulation (EEC) No 348/81.
Annexes I and II to Council Regulation (EEC) No 3254/91.
4) § 48 para. 3 of Act No. 114/1992 Coll., on nature and landscape protection.
5) Annex A to Council Regulation (EC) No 338/97.
6) the annex to Council Regulation (EEC) No 348/81.
7) Council Regulation (EEC) No 3254/91.
8) Article. 2 (a). t) Council Regulation (EC) No 338/97.
9) Council Regulation (EC) No 338/97. Commission Regulation (EC) no 865/2006 of
on 4 April 2006. May 2006 laying down detailed rules for applying Council Regulation (EC) No.
338/97 on the protection of species of wild fauna and flora
flora by regulating trade in these species.
9A) for example, Act No. 167/1999 Coll. on veterinary care and amending
related laws (health law), as amended,
section 46 of the Decree No 382/2003 Coll., on animal health requirements for
trade in animals and animal health conditions for imports from them
third countries.
10) Article. 8 Council Regulation (EC) No 338/97.
11) Chapter VII and VIII a of Commission Regulation (EC) no 865/2006.
11A), Act No 634/2004 Coll., on administrative fees, as amended
regulations.
Article 11b). 12 Council Regulation (EC) No 338/97.
12) Article. 4 (4). 1 Council Regulation (EC) No 338/97.
13), for example, Act No 246/1992 Coll., on the protection of animals against cruelty,
as amended.
14) Article. 4 (4). 2 Council Regulation (EC) No 338/97.
15) Article. 5 (3). 1 and 2 of Council Regulation (EC) No 338/97.
16) Article. 5 (3). 1 and 3 of Council Regulation (EC) No 338/97.
17) Article. 24 of Commission Regulation (EC) No 1808/2001 laying down detailed rules for the
Council Regulation (EC) No 338/97.
18) Article. 5 (3). 4 Council Regulation (EC) No 338/97.
19) Article. 4 (4). 3 and 4, art. 5 (3). 4 Council Regulation (EC) No 338/97.
20) Article. 9 of Council Regulation (EC) No 338/97.
20A) § 56 and 5(b) of the Act No. 114/1992 Coll., on nature and landscape protection, in
amended by Act No. 16/1991 Coll. and Act No. 222/2004 Coll.
Article 20b). 8 (2). 3 Council Regulation (EC) No 338/97.
20 c) Article. 9. 2 Council Regulation (EC) No 338/97.
20 d) Chapter VIII of Commission Regulation (EC) no 865/2006.
21) Article. 7 (2). 1 (b). (b)) points (ii) and (iii))) Council Regulation (EC) No.
338/97.
22) Article. 7 (2). 1 (b). b) point ii) and para. 4 Council Regulation (EC) No.
338/97.
Article 22a). 18 of Commission Regulation (EC) no 865/2006.
Article 22b). 66 para. 7 Commission Regulation (EC) no 865/2006.
22 c) of section 22 of the Act No. 168/1999 Coll. on veterinary care and amending
certain related laws (health law).
Article 22). 64 para. 2 and article. 66 para. 6 of Commission Regulation (EC) no 865/2006.
23) § 13 para. 4 of law No. 147/1996 Coll., on phytosanitary care and
amendments to some related laws, as amended.
24) Article. 8 (2). 6 of Commission Regulation (EC) No 1808/2001 of 20 July 1999. August
2001 on the detailed rules for implementing Council Regulation (EC) No.
338/97.
25) § 54 of Act No. 114/1992 Coll.
26) Article. 19 para. 1 point i) Council Regulation (EC) No 338/97.
27) Article. 4 (4). 3 and 4 of Council Regulation (EC) No 338/97.
28) section 78 of the Act No 114/1992 Coll., as amended by law no 289/1995 Coll. and
Act No. 161/1999 Coll.
29) Article. 8 (2). 3 Council Regulation (EC) no 229/97.
30) § 13 Act No 246/1992 Coll.
31) Act No 246/1992 Coll.
31A) Act No. 114/1992 Coll., on nature and landscape protection, as amended by
amended.
Decree No. 395/1992 Coll., which implements certain provisions of the Act
on nature and landscape protection, as amended.
32) Act No. 219/2000 Coll., on the Czech Republic and its assets
in legal relations, as amended.
32a) Chapter XVI of the Commission Regulation (EC) no 865/2006.
32B) Article. 51 of Commission Regulation (EC) no 865/2006.
32 c Law No 162/2003 Coll., on conditions for the operation of zoos
and amending certain laws (law on zoological gardens), as amended by
amended.
33) Act No. 283/1991 Coll., on the Czech environmental inspection and its
the scope of the forest protection, as amended.
34) Council Regulation (EC) No 338/97 and the other provisions of the European
issued on the basis of the community.
Council Regulation (EC) No 3254/91 and other rules of the European communities
issued on its basis.
Council Regulation (EEC) No 348/81 and other regulations of the European communities
issued on its basis.
Article 35). 8 (2). 5 of Council Regulation (EC) No 338/97.
36) section 3 of the Act No. 13/1993 Coll., the Customs Act, as amended by Act No. 13/1997
SB.
37) section 47 of Act No. 167/1999 Coll., on health care and on amendments to certain
related laws (health law).
37A) for example, Act No. 167/1999 Coll. on veterinary care (veterinary
Act), as amended, Act No 246/1992 Coll., on the protection of
animals against cruelty, as amended, of Council Regulation (EC)
No 1/2005 on the protection of animals during transport and related operations and
amending Directives 64/432/EEC and 93/119/EC, as amended by Regulation (EC) No.
1255/97, Commission Regulation (EC) No 1739/2005 laying down
animal health requirements for the movement of circus animals between Member
States.
38) section 38 of Act No. 147/1996 Coll., as amended.
39) Act No. 167/1999 Coll., as amended.
Law No. 147/1996 Coll., as amended.
40) § 2 (b). r) Act No. 13/1993 Coll. as amended by Act No. 1/2002 Sb.
41) Act No. 13/1993 Coll., as amended.
Article 42). in article 13(3). 2 Council Regulation (EC) No 338/97.
Article 43). 18 of Commission Regulation (EC) No 1808/2001.
43A) § 149 of the administrative code.
43B) § 12 para. 2 (a). and) Act No. 552/1991 Coll., on State control
in the wording of later regulations.
44) Article. 7 of Council Regulation (EC) No 338/97.
45) Law No 388/1991 Coll., on the State Environmental Fund of the Czech
Republic, as amended.
46) Act No. 337/1992 Coll., on administration of taxes and fees, as amended by
amended.
47) Act No. 200/1990 Coll. on offences, as amended.
48) § 181f, and 181g of Act No. 140/1961 Coll., the criminal act.
49) section 69 of Act No. 140/1961 Coll., as amended.
50) Article. VIII. 4 (b). (b)) of the Convention.
§ 7, paragraph 51). 1 (b). r) Act No. 218/2000 Coll., on the budget
rules and amending certain related laws (budget
rules).
52) Act No. 97/1974 Coll. on archives, as amended.
53) Article. 15 paragraph 1. 4 (b). and) Council Regulation (EC) No 338/97.
54) Act No. 101/2000 Coll., on personal data protection, as amended by
amended.
54A) Act No. 133/2000 Coll., on registration of the population and the birth numbers and
amendments to certain laws, as amended.
54b) § 1 of the law No. 133/2000 Coll.
54 c) Act No. 40/1993 Coll. on acquisition and loss of citizenship
The Czech Republic, as amended.
55) for example, Act No. 114/1992 Coll., as amended.
56) section 56 of Act No. 114/1992 Coll.
57) Act No. 71/1967 Coll., on administrative proceedings (administrative code), as amended by
amended.
Article 58). 11 (1) 5 of Council Regulation (EC) No 338/97.
Article 58a). 11 (1) 2 (a). and) Council Regulation (EC) No 338/97.
59) Act No. 368/1992 Coll., on administrative fees, as amended
regulations.
60) Act No. 82/1998 Coll., on liability for damage caused in the performance of
of public authority by a decision or incorrect official procedure and amending
Act No. 357/1992 Coll., on the notarial profession and their activities (notarial procedure), in
amended by Act No 120/2001 Coll. and Constitutional Court declared under
No 234/2002 Sb.
61) European Parliament and Council Regulation (EC) no 1007/2009 of 16 January 1996.
September 2009 on trade in seal products. Council Directive No.
83/129/EEC.
62) Council Directive 83/129/EEC.
63) European Parliament and Council Regulation (EC) no 1007/2009 of 16 January 1996.
September 2009 on trade in seal products.
64) Commission Regulation (EU) No 737/2010 of 10. August 2010, which
detailed rules for the regulation of the European Parliament and of the Council (EC)
No 1007/2009 on trade in seal products.
65) Act No. 266/1994 Coll., on criminal records, as amended
regulations.
