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.
