On The Marketing Of Timber And Timber Products On The Market

Original Language Title: o uvádění dřeva a dřevařských výrobků na trh

Read the untranslated law here: https://portal.gov.cz/app/zakony/download?idBiblio=80308&nr=226~2F2013~20Sb.&ft=txt

226/Sb.



LAW



of 20 December. June 2013



on the marketing of timber and timber products on the market



Parliament has passed the following Act of the United States:



§ 1



The subject of the edit



This law regulates the following a directly applicable regulation

Union ^ 1) central repository of due diligence systems in order to control

of placing illegally harvested timber and timber products ^ 2) produced

from this wood ("central registration") on the market economic

operators ^ 3), sets out the scope and authority of State administration bodies in the

the area of the marketing of timber and timber products on the market and administrative penalties

offences in the area of the marketing of timber and timber products on the market.



§ 2



Definition of terms



For the purposes of this Act, means the



and domestic forest production) harvested in forests ^ 4) on the territory of the United

States and timber products made from this wood,



(b)) other production of timber and timber products originating in other than

domestic production; other production includes wood and

timber products originating from trees growing and extracted outside

Les ^ 5),



c) illegally harvested timber from the production of wood, according to subparagraph (a))

taken in contradiction with the forest law ^ 6) or other legislation

governing timber harvesting ^ 7).



§ 3



The central register



(1) the central register is used to control the system needs proper

care ^ 8) with economic operators and the public information system

Administration ^ 9) that contains information



and operators of) provided by their systems of care

for the purposes of carrying out the checks,



(b)) provided by the State administration bodies in the implementation of directly applicable

Regulation of the European Union, which lays down the obligations of economic

operators on the market timber and timber products ^ 10),



(c)) for an overall evaluation of the implementation of directly applicable

Regulation of the European Union, which lays down the obligations of economic

operators on the market timber and timber products ^ 11),



(d)) for planning controls of the economic operators on the basis of

risk analysis ^ 12)



e) for planning monitoring organisations in ^ 13),



(f)) for comprehensive assessment and evaluation of the risks of placing

illegally harvested timber or timber products derived from such timber on the

the market, including records of inspections of ^ 14).



(2) information from the central register referred to in paragraph 1 shall be made available for

the needs of the competent authorities, the General Directorate of customs and

of the person under section 5 (b). and on the website of the Ministry)

Agriculture (hereinafter referred to as "the Ministry"). Economic operators will

make available information referred to in paragraph 1 (b). f). information

shall be kept for at least 5 years.



(3) the Ministry shall issue a decree the scope of information and the way in which

This information is to be transmitted to the central register of economic entities and

State administration bodies in the implementation of directly applicable legislation

The European Union, which lays down the obligations of economic operators

on the market timber and timber products ^ 10).



State administration bodies



§ 4



State administration bodies in the field of marketing of timber and timber products on the

the market is



and) the Ministry,



(b) regional offices),



(c)) the Czech trade inspection (hereinafter referred to as "the inspection"),



(d)), the Directorate General of customs.



§ 5



The Ministry of



a) entrusted with the implementation of professional activity referred to in section 10 of the organizational

folder State (hereinafter referred to as the "designated officer") established under the Act

governing the management of the property of the United States and its representation

in legal relations ^ 15), which has the professional and technical competence, and

is subject to the supervision and control of the Ministry,



(b)) shall inform the Commission in the event that the inspection organization no

fulfil the functions or no longer meets the requirements laid down directly ^ 16)

the applicable law of the European Union, which lays down the obligations of the

economic operators on the market timber and timber products,

or directly applicable European Union law on procedural

rules for the recognition of monitoring organisations and withdrawal of

the recognition,



(c)), the Commission's proposal reflects the proposals for recognition or of withdrawing

recognition of the inspection organization of the Commission 17) ^ ^



(d)) shall send the Commission by directly applicable in terms of the regulation of the European

the Union, which lays down the obligations of economic operators

on the market timber and timber products, a report on the application of this regulation

and the report on the adoption of legislation to adapt this regulation including

their changes,



(e)) is the administrator of the central register under another law ^ 18),



(f)) is an appellate body against the decision of the regional authority issued pursuant to

of this Act.



§ 6



The regional offices



and checked on the basis of the complaint), inspection or authorized person

compliance with article. 4 and 6, directly applicable European Union legislation, which

lays down the obligations of economic operators on the market and

timber products and compliance with the directly applicable European legislation

the Union of the detailed rules for the system of care and for the frequency and

the nature of the checks, monitoring organisations, with the exception of the economic

entities that make use of a due diligence system established by the inspection

organizations ^ 19),



(b)) in the context of the checks referred to in point (a)) may impose remedial

the measures referred to in article. 10, paragraph 1. 5 directly applicable regulation

the Union, which lays down the obligations of economic operators

on the market timber and timber products,



(c)) to provide information on violations of the person entrusted with the article. 4 and 6 directly

of the applicable legislation of the European Union, which lays down the obligations of the

economic operators on the market timber and timber products, and

about final imposition of a fine,



(d)) are heard by the administrative offences pursuant to § 12 para. 1.



§ 7



Inspection ^ 20)



and is entitled to challenge the trader) ^ 21) to provide the information referred to in

directly applicable European Union legislation laying down the obligations of the

economic operators on the market timber and timber products,



(b)) provides regional authorities and representative information about violation of

Article 5 of this regulation directly applicable European Union information

necessary to identify the persons responsible for the violations listed

and information about final imposition of a fine,



(c)) dealt with administrative offences pursuant to § 12 para. 2.



§ 8



(1) the Directorate-General of customs duties provides on request of the competent authorities

or assignee of a controlled economic operator which States

on the market of timber or timber products from other products, the following information:



and controlled) the identification of the operator,

the name or names, and surname, place of residence, or

business, business name, or the name and address of the addressee,



(b)), including the description of the trade name and the type of product by its inclusion

in the combined nomenclature set out in annex I to Council Regulation (EEC) No.

2658/87 ^ 22),



(c)), if necessary, information about the country of provenance and the country of harvest

wood,



(d)) the quantity expressed in volume, weight or number of units.



(2) the provision of the information referred to in paragraph 1 is not a violation of confidentiality

According to the tax code ^ 23).



§ 9



The competent authorities of



(1) the competent authorities of ^ 24) by directly applicable regulation

the Union, which lays down the obligations of economic operators

on the market timber and timber products, to the extent provided by law

are the Ministry regional offices and inspection.



(2) the competent authorities, with the exception of the inspection, they accept the notice ^ 25) from

monitoring organisations about significant or repeated infractions

obligations on the part of economic operators that make use of the system

due diligence established by audit.



(3) the competent authorities of the



and sent to the central register) information within the scope of

Decree of the Ministry,



(b)) in the implementation of the checks follow the inspection procedure ^ 26), if

directly applicable provision of the European Union, which lays down the obligations of the

economic operators on the market timber and timber products,

or directly applicable European Union regulation of the implementing rules

for a due diligence system and for the frequency and nature of checks the control

the organization provides otherwise,



(c) carrying out cooperation pursuant to article). 12 directly applicable legislation

The European Union, which lays down the obligations of economic operators

on the market timber and timber products.



§ 10



The designated officer



The designated officer



and) checks on economic operators compliance with the article. 4 and 6 directly

of the applicable legislation of the European Union, which lays down the obligations of the

economic operators on the market timber and timber

^ 10) products, and compliance with the directly applicable European Union legislation

detailed rules for the system of care and for the frequency and nature of

controls monitoring organisations ^ 27),



(b)) in the case of the shortcomings identified in the context of the checks provided for in point (a))

It gives impetus to the competent regional authority for review, pursuant to section 6 (a). and)




(c)) performs a check on the requirements of monitoring organisations

laid down in article 4(1). 8 directly applicable legislation of the European Union, which

lays down the obligations of economic operators on the market and

timber products, and in the case of deficiencies found gives the Ministry of

the supporting documents for the information of the Commission ^ 16),



(d)) in the implementation process according to the control order control ^ 26), if

directly applicable provision of the European Union, which lays down the obligations of the

economic operators on the market timber and timber products,

or directly applicable European Union regulation of the implementing rules

for a due diligence system and for the frequency and nature of checks the control

the organization provides otherwise,



e) manages the central register,



(f) the Ministry shall submit before 30). March every second year

following the 3. March 2013 documents for message ^ 28) on the application of

directly applicable European Union legislation laying down the obligations of the

economic operators on the market timber and timber products,



g) provides economic operators with technical assistance and advice, and

makes it easier for them to the Exchange and dissemination of relevant information on illegal ^ 29)

the extraction of wood.



§ 11



A due diligence system



The operator may, under the basis of care ^ 19) use

forest economic plan or the Protocol taken forest economic

accounts and related forest economic records, backed up by the data

referred to in article 14(2). 6 directly applicable legislation of the European Union, which

lays down the obligations of operators on the market and

timber products.



§ 12



Administrative offences of legal entities and natural persons-entrepreneurs



(1) an economic operator is guilty of an administrative offense by that, in contrast

with a directly applicable EU regulation laying down

obligations of economic operators on the market timber and timber

products, and contrary to the directly applicable European Union law

detailed rules for the system of care and for the frequency and nature of

controls monitoring organisations



and a due diligence system) does not use or does not maintain and regularly rank

your own due diligence system,



(b)) when you check or fails to submit the requested documents on request or

records to the appropriate care, or is incomplete, or shall submit to the



(c)) shall appear on the market of illegally harvested timber or timber products

made from this wood.



(2) the trader is guilty of an administrative offense by that, contrary to article. 5

directly applicable European Union legislation laying down the obligations of the

economic operators on the market timber and timber products,

When you check or fail to provide on request the required information.



(3) an administrative offense shall be fined in the



and) $ 50,000, in the case of an administrative offence referred to in paragraph 1 (b). (b)) or

paragraph 2,



b) 200 000 CZK in the case of an administrative offence referred to in paragraph 1 (b). and)



(c) 3 000 000 Czk), in the case of an administrative offence referred to in paragraph 1 (b). (c)).



(4) if the administrative offence referred to in paragraph 1 has been committed repeatedly, the

fine to



and 100 000 CZK), in the case of an administrative offence referred to in paragraph 1 (b). (b)),



b) 500 000 CZK in the case of an administrative offence referred to in paragraph 1 (b). and)



(c)) $ 5 000 000 in the case of an administrative offence referred to in paragraph 1 (b). (c)).



(5) an administrative offence is committed repeatedly, if, from the legal force

decision to impose fines for failure to comply with the same obligations has been less than 1

year.



section 13 of the



Provisions common to administrative offences



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

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

a legal obligation is prevented.



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

the administrative offense, in particular, to the manner of its perpetration, its consequences, and to

circumstances in which it was committed.



(3) administrative offences under this Act under discussion



a) Regional Office, in the case of administrative offences pursuant to § 12 para. 1,



(b)) the inspection, in the case of administrative offences pursuant to § 12 para. 2.



(4) 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.



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

person or in direct connection with him, subject to the provisions of the law on

liability and sanctions legal persons.



(6) the fine imposed on the regional authority selects and enforced by the Regional Office; income

income from fines is the regional budget.



(7) the fine imposed inspection inspection and are levied income State

the budget.



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

came into legal force.



§ 14



The effectiveness of the



This Act shall take effect on the first day of the calendar month

following the date of its publication.



Němcová in r.



Zeman in r.



Samantha r in r.



1) European Parliament and Council Regulation (EU) no 995/2010 of 20 September.

October 2010 laying down the obligations of economic operators

on the market timber and timber products.



The Commission delegated Regulation (EU) no 363/2012 of 23 December 2003. February

2012 on procedural rules for the recognition of monitoring organisations and

withdrawal of recognition set out in the regulation of the European Parliament

and Council Regulation (EU) no 995/2010 laying down the obligations of

operators on the market timber and timber products.



The Commission implementing Regulation (EU) no 607/2012 of 6. July 2012

detailed rules for the system of care and for the frequency and nature of

controls monitoring organisations according to the regulation of the European Parliament and of the

Council Regulation (EU) no 995/2010 laying down the obligations of

operators on the market timber and timber products.



2) Annex European Parliament and Council Regulation (EU) no 995/2010.



3) Article. 2 (a). c) European Parliament and Council Regulation (EU) No.

995/2010.



4) § 2 (b). and) of the Act No. 289/1995 Coll., on forests, and amending and supplementing

Some laws (forest law).



5) section 8 of Act No. 114/1992 Coll., on nature and landscape protection, as amended by

amended.



6) section 20 (2). 1 (b). (d)), section 20 (2). 3, § 24 para. 5, § 25 para. 3, §

33 para. 3 of law no 289/1995 Coll.



7) for example, § 295 of Act No. 40/2009 Coll., the criminal code, as amended by

amended.



8) Article. 4 (4). 2 and 3 of the regulation of the European Parliament and of the Council (EU) No.

995/2010.



The Commission implementing Regulation (EU) no 607/2012.



9) Act No. 365/2000 Coll., on public administration and information systems of the

amendments to certain other laws, as amended.



10) European Parliament and Council Regulation (EU) no 995/2010.



11) Article. 20 (2). 1 and 2, the European Parliament and Council Regulation (EU) No.

995/2010.



12) Article. 10, paragraph 1. 1 and 2, the European Parliament and Council Regulation (EU) No.

995/2010.



13) Article. 8 (2). 4 European Parliament and Council Regulation (EU) No.

995/2010.



14) Article. 11 (1) 1 and 2, the European Parliament and Council Regulation (EU) No.

995/2010.



15) § 4 paragraph 2. 1 of Act No. 219/2000 Coll., on the property of the Czech Republic and

its representation in legal relations, as amended.



16) Article. 8 (2). 5 European Parliament and Council Regulation (EU) No.

995/2010.



17) Article. 8 (2). 3 and 6 of the regulation of the European Parliament and of the Council (EU) No.

995/2010.



18) § 2 (b). c) of Act No. 365/2000 Sb.



19) Article. 4 (4). 3 European Parliament and Council Regulation (EU) No.

995/2010.



20) Act No. 64/1986 Coll., on Czech commercial inspection, as amended by

amended.



21) Article. 2 (a). d) European Parliament and Council Regulation (EU) No.

995/2010.



22) Council Regulation (EEC) No 2658/87 of 23 July. July 1987 on the tariff and

statistical nomenclature and on the common customs tariff.



23) section 52 of the Act No. 280/2009 Coll., the tax code.



24) Article. 7 (2). 1 European Parliament and Council Regulation (EU) No.

995/2010.



25) Article. 8 (2). 1 (b). (c)) the European Parliament and of the Council (EU)

No 995/2010.



26) Act No. 255/2009 Coll., on the control (control code).



27) the implementing Commission Regulation (EU) no 607/2012.



28) Article. 20 (2). 1 European Parliament and Council Regulation (EU) No.

995/2010.



29) Article. 13 of the European Parliament and Council Regulation (EU) no 995/2010.