228/2005 Sb.
LAW
of 18 May. May 2005
on the control of trade in products that have a holding in the Czech Republic
limits for security reasons, and on amendments to certain laws
Change: 378/2007 Sb.
Change: 227/2009 Sb.
Modified: 18/2012 Sb.
Change: 281/Sb.
Parliament has passed the following Act of the United States:
PART THE FIRST
CONTROL OF TRADE IN PRODUCTS THAT HAVE A HOLDING IN THE CZECH REPUBLIC RESTRICTS
FOR SECURITY REASONS,
§ 1
The subject of the edit
(1) this Act incorporates the relevant provisions of the European Union ^ 1) and
regulates the control of trade in products that have a holding in the Czech
Republic restricts for security reasons, special legal
regulations ^ 2)
and during transport from) the territory of the other Member States of the European Union
on the territory of the Czech Republic or the transportation of the products from the territory of the United
Republic on the territory of the other Member States of the European Union (hereinafter referred to as
"carriage"),
(b)) when their imports from the territory of another Member State of the European Union than
on the territory of the Czech Republic (hereinafter referred to as "import"), or
(c)) when they are exported from the territory of the Czech Republic to a non-member
State of the European Union following a directly applicable regulation
Union on trafficking in firearms and ammunition ^ 3)
(hereinafter referred to as "export").
This is without prejudice to the procedures under special legislation ^ 4).
(2) the Government shall lay down the list of products (hereinafter referred to as "specified
products "), the conditions of their transport and importation, even in relation to the
States as defined in this regulation, as well as requests for more details
referred to in sections 2 to 4, and patterns of applications for the grant of authorisation the authorisation to
transport and importation (hereinafter referred to as "permits").
(3) set out the products may be transported and introduced on the basis of
the authorization of the Ministry of industry and trade (hereinafter referred to as "permits"). The export of
products intended for the directly applicable European Union law governing the
the area of the trafficking of firearms and ammunition ^ 3) (hereinafter referred to as
"designated products") can be performed only on the basis of an export permit (hereinafter
"export permit"). The permit and an export permit issued
The Ministry of industry and trade (hereinafter referred to as "the Ministry").
(4) the transport and importation of products which are provided for non-commercial
the character ^ 5), is not subject to authorisation.
Enable
§ 2
(1) on the grant of permission shall be decided by the Ministry on the basis of the request
a natural or legal person authorized in the territory of the Czech Republic
business (hereinafter referred to as "the applicant").
(2) an application for the grant of authorisation, in addition to General requirements, must
contain
and) function, name and surname, phone number application processor or
fax or e-mail address,
(b) the proposed period of validity of the permit), but no longer than one year,
(c) the name of the specified product) its quantity or volume expressed in
units referred to in government regulation, and other specifications
of the product,
d) subitem, and if it is not fixed, combined
nomenclature of the common customs tariff ^ 6) indicating the set
products on which the transport or import authorization,
e) identification of the manufacturer, trade name, or the name, address
Headquarters and the State, in the case of a legal person, the name and surname, or
business name, domicile or place of business and the State, in the case of physical
person,
(f)) dentifikační data of the foreign contractual partner, business
company or name, address of the seat and the State, in the case of a legal person, the name of the
first and last name, or business name, domicile or place of business and
the State, in the case of a natural person,
(g)) the identification of the recipient in the transport provided for products from
the territory of the Czech Republic on the territory of the other Member States of the European Union,
If it is different from the foreign contractual partner, business
company or name, address of the seat and the State, in the case of a legal person, the name of the
first and last name, or business name, domicile or place of business and
the State, in the case of a natural person,
h) the identification of the final user, if this is known, business
company or name, address of the seat and the State, in the case of a legal person, the name of the
first and last name, or business name, domicile or place of business and
the State, in the case of a natural person,
I) name of the country, where it is determined by product is being imported or transported or
the name of the country to which the product is transported,
j) the purpose of the transport or import,
to) the total price of imported or transported products laid down in the
Czech koruna, according to documents attached to the application,
l) Declaration by the applicant that the information given in the application for the grant of
permits for the transport or import are in accordance with the submitted papers
and that all information provided is correct and that the prescribed products will be
sold only to the permitted purpose.
(3) an application for an authorisation shall be accompanied by the
and) enabling or other evidence under special legislation ^ 2)
(b) in the case of imports) and the carriage of goods by notifying the
identification of the mark ^ 7) or a statement of the applicant for the product on marking
test brand
(c) other documents) provides for the regulation of the Government.
(4) in the application for authorisation, the applicant in addition to the requirements referred to in paragraph 2
indicate the States in which it intends to provážet goods.
§ 3
(1) submission of applications for an authorisation is limited in time, if the regulation
the Government does not provide otherwise.
(2) the applications for authorisation of the Ministry shall decide without undue delay,
within 30 days, in particularly complex cases, this time limit may be
60 days from the date of receipt of the request.
§ 4
(1) the permit shall contain, in addition to General requirements,
and authorisation, registration number)
b) subitem combined nomenclature, common customs tariff duties ^ 6)
indicating the set out products, on which the authorisation is issued,
(c) the name of the specified product) its quantity or volume expressed in
units of measure, including the total price in CZK,
(d) the period of validity of the authorisation,) up to a maximum of one year,
(e) the name of the end user country) in case of transfer of the product from the United
Republic, the name of the country from which the product comes in a case of relocation to
The United States,
(f) any other conditions) If this is necessary due to the implementation of
the international obligations of the United States or its foreign
political or security interests,
g) warning to the obligation to return the authorisation within 20 working days
After the exhaustion of its expiry or the Ministry, including
the communication of data on prices and quantities transported or imported goods.
(2) a licence may contain, in addition to the data referred to in paragraph 1 as well as the names of States,
which the goods may be provážet, details of the foreign contractual partner,
the recipient information, if it is different from the foreign contractual partner
details on the final user and the data about the business case, if it
require the international obligations of the United States or its foreign
political or security interests.
(3) in the case of the import authorisation shall specify the place for records of the customs
authorities on the use of the granted authorisation; in the case of carriage authorisations
define the location for the applicant's records on the use of the existing authorisation.
§ 5
(1) Authorisation, which is otherwise needed for release set out products
under a customs procedure or for re-exportation shall not be required to release
and) for Customs transit,
(b)) to the customs warehousing procedure in a warehouse.
(2) the authorization shall not be required for the location of the specified products in a free
zone and free warehouse.
§ 6
Permission cannot be transferred or is transferred to a legal successor. Person,
which the authorisation was granted, you must therefore authorisation should provide customs
the Office, in the case of imports, together with a customs declaration, as declarant,
or the police of the Czech Republic in the case of transport, alone or
through a representative ^ 9). The person to whom the licence was granted, the
required to enable the Ministry to return this within 20 working days after its
exhaustion or termination of its validity.
§ 7
(1) the Ministry shall not grant Authorisation if the
and are not satisfied) the conditions laid down in paragraph 2,
(b)) require it the international obligations of the United States or its foreign
political or security interests,
(c) the applicant has violated the obligation substantially) established by this Act at the time,
Since that has not more than 1 year, or
(d)) to the applicant at the time of less than one year before the submission of the application referred to in
§ 8 para. 1 (b). a) and b) withdrawn permission.
(2) in the case of no granting authorisation pursuant to paragraph 1, the State does not match the
the person or entity for any damage suffered
not granting the authorization.
Section 7a
Suspension of authorisation
(1) in the event that it is necessary for the protection of international obligations
The United States or its foreign policy or security
interests, the Department shall suspend the exercise of the rights and obligations of permit (hereinafter
"the pumping permit"). The decomposition of the decision on the suspension of pumping
the permit does not have suspensory effect. If these reasons have ceased to exist, and if there is no reason to
the procedure under § 8 para. 1, the Ministry of the decision to suspend
drawing permits cancelled.
(2) in the case of suspension of the drawdown of authorisation pursuant to paragraph 1 State
does not match the physical or legal person for the damage suffered
the suspension of pumping permit.
§ 8
Withdrawal of authorisation
(1) the Ministry shall withdraw the authorisation, if
and) the authorisation was granted on the basis of false or incomplete information, the
(b)) have not been met or range of conditions laid down therein, or
c) require it the international obligations of the United States or its foreign
political or security interests.
(2) natural or legal person that has been withdrawn, it is
required to return the original of the permit to the Ministry not later than 10
calendar days after receipt of the decision to withdraw an authorisation.
(3) in the cases referred to in paragraph 1 does not match the physical state or
a legal person that has been granted authorisation for the damage that she
his legitimate removal of the appliance.
An export permit
§ 8a
(1) for granting an export permit shall be decided by the Ministry on the basis of
the exporter. Requirements for an application for the grant of authorizations for
exports, § 2 (2). 2, 3 and 4 apply mutatis mutandis, with the end user is
means the final recipient in accordance with the applicable legislation of the European Union directly
relating to the area of the trafficking of firearms and ammunition ^ 3).
Model application for the grant of an export permit provides for government regulation.
(2) if the designated products are placed in one or more other
the Member States of the European Union, other than the State in which the application was made
export authorisation, this fact must be indicated in the request.
§ 8b
(1) on the application for an export permit, the Ministry shall decide, without undue
delay, at the latest within 30 days from the date of receipt of the request, in a particularly
complex cases can extend this period up to 60 days. When
decision on the application shall be accompanied by the requirements are met, and ^ 15)
laid down in the applicable European Union legislation directly governing the area
trafficking of firearms and ammunition "^ 3"); the Ministry will decide
on the application on the basis of binding opinions of the authorities concerned, which
are
and the Ministry of Foreign Affairs) in terms of foreign policy
the interests of the United States, and compliance with the international obligations of the United
States, in particular the obligations arising from the renowned international
the contracts, which the Czech Republic is bound, and from the membership of the Czech Republic
in international organizations,
(b) the Ministry of the Interior) in terms of the internal order and security.
(2) a binding opinion referred to in paragraph 1 shall issue the authority concerned within 20
days from receipt of a copy of the application for an export permit; in a particularly
complex cases, and, upon reasoned request, the time limit can be reasonably
extended. Binding opinion must include the approval or disapproval
of the authority concerned, that is justified.
(3) the Ministry shall grant an authorisation, valid for a maximum of 1 year.
An export permit shall be issued in the form set out in the applicable
Regulation of the European Union governing the trading area with gunshot
weapons and ammunition ^ 3).
(4) the Ministry shall inform the Czech mining Office for granting an authorisation to
exports, authorising the export of matches and smokeless or black
dust.
(5) the provisions of the permit pursuant to § 5 and 6 apply for an export permit
by analogy.
§ 8 c
(1) the Ministry shall not grant any export permit, if
and the applicant has not complied with) requirements set out in section 8a,
(b)) was issued a dissenting opinion binding pursuant to § 8b,
(c) the exporter does not use appropriate and) appropriate means and procedures for
ensure compliance with the provisions and objectives of the directly applicable legislation
The European Union relating to the area of the trafficking of firearms and
ammunition ^ 3), this Act and the terms of an export permit, and with
aspects relating to the intended end use of the recipient,
designated by the consignee, and the risk of diversion,
(d) the Member State has informed according to) directly applicable regulation
the Union relating to the area of the trafficking of firearms and
ammunition ^ 15) has raised an objection to the granting of an export permit,
(e) the applicant does not meet the conditions for) the issue of permits to export ^ 15) according to the
directly applicable European Union legislation governing area
trafficking of firearms and ammunition ^ 3) or
(f)) was the applicant in less than 1 year prior to the application under section
8e, paragraph 2. 1 (b). a), b) withdrawn permission.
(2) the provisions concerning the refusal of the authorisation pursuant to § 7 para. 1 (b). (c))
apply for the refusal of an export permit. For liability in
If an export permit in accordance with the directly applicable
the EU regulation governing trading area with gunshot
weapons and ammunition ^ 3) § 7 para. 2 accordingly.
§ 8 d
Suspension of an export permit
(1) in the cases provided for directly applicable European Union law
regulating the trading of firearms and ammunition ^ 3)
on a proposal from the Ministry of the authority concerned shall suspend the pumping permit
export. The decomposition of the decision on the suspension of the authorisation to
export does not have suspensory effect.
(2) if the reasons referred to in paragraph 1 and if there is no reason to follow
§ 8e, Ministry on the proposal of the authority concerned, on the basis of the proposal
It was decided to suspend pumping of an export permit, a decision on the
suspension of an export permit.
(3) For liability in the event of the suspension of pumping an export permit in
accordance with the directly applicable European Union law governing the area
trafficking of firearms and ammunition ^ 3) § 7a shall apply paragraph 1.
2 accordingly.
§ 8e
Withdrawal of authorisation for export
(1) the Ministry granted an export permit be withdrawn if
and) the authorisation was granted on the basis of false or incomplete information, the
(b)) have not been met or range of conditions laid down therein,
c) require it the international obligations of the United States or its foreign
political or security interests, or
d) if the person that the licence was granted, no longer meets the
the conditions for granting an export permit.
(2) provisions on the return of the permit pursuant to § 8 para. 2 and the provisions of the
liability under § 8 para. 3 apply for an export permit.
§ 9
cancelled
§ 10
The surveillance of the Customs authorities
(1) the Customs authorities shall monitor whether the business with established products and
designated products only natural or legal persons,
which have been granted a permit or a permit to export pursuant to this
the law, and that it is carried out to the extent and under the conditions laid down in this
the permit.
(2) during the transport or import must be provided for the products and in
during the export of designated products must be accompanied by the original of the authorisation
by a special Act ^ 11). In the course of carriage, importation or exportation
must be provided for further products and designated products accompanied by the original
authorisation in terms of the transportation or importation, or the original of the permit to
exports, as regards exports. The authorization referred to in the first and second sentences must be on
in the course of an inspection request is submitted to the Customs authorities.
(3) the customs authority in the exercise of supervision pursuant to paragraphs 1 and 2 shall be entitled to
require the submission of the original of the permit or a permit for export under the
This Act and write to the original, the particulars of the
the facts, which are related to its use; entries in these
the permit shall affix the date of implementation of registration and the information clearly
identifying the person who carried out the writing.
(4) if the Office finds that trade with specified products or
designated products is carried out in accordance with this law or directly
the applicable law of the European Union governing the trading area,
firearms and ammunition ^ 3) in the case of specific products or
special legal provisions or the conditions laid down in the authorisation
or in an export permit, it shall proceed in accordance with § 11a-11 c and section 14 to 16 and
It shall immediately inform the Ministry of.
§ 11
Review
To control the transport and importation of specified products and the export of designated
products are authorised to carry out the relevant customs authorities. When you search for
set out and designated products uniklých products from customs supervision, and
ensuring the person that this supervision, to withdraw those products or
This removal, follow the special legislation.
Ensure the specified products and provide for specific products
§ 11a
The Customs Office can provide the prescribed products or designated products (hereinafter
"collateral"), if it can be reasonably assumed that the set out products
or designated products used or intended for committing administrative
the offence or were obtained by a crime or an administrative were acquired in another
a matter of administrative tort obtained. The Customs Office shall proceed, while ensuring the
to rights of third parties was not limited to the above what was necessary to fulfill the purpose
ensure ^ 16).
section 11b
(1) the Office shall issue a decision regarding the securing of. An appeal against this
the decision does not have suspensory effect.
(2) in the decision to provide the reasons for which are laid down
products or products designed to ensure and further stating that the secured
provided for products or designated products can be sold generally in the
public auction to pay the amounts due to the fine imposed, if not
the fine has been paid. If appropriate, the Customs Office may provide that
provided for products or designated products leave the person that is
own or hold; While this person may not provided for products or
intended use the products, to any other person, or otherwise
to dispose of.
(3) a person who has been served the decision of reinsurance, is required to
products, of which the collateral has been decided, the Customs Office of issue,
If the Customs Office does not flow under paragraph 2, second sentence; If they are not
These products to the challenge issued by the Customs Office, the Office of the
products withdrawn person is carrying.
(4) for the issue or withdrawal of products or the intended set of secured
products shall be drawn up in the official record, which shall contain a description
provided for products or for specific products. The person who set out
products or designated products or products which have been laid down
or designated products withdrawn, shall issue a certificate of release, the Customs office or
the withdrawal of these products.
§ 11 c
If they are not secured by specified products or designated products to further
no need to control, and does not come into consideration their forfeiture or prevents
in proceedings on administrative tort or procedure under § 15 c, returns to the person
that have been secured.
§ 12
The provision of data for the purposes of this Act,
(1) the Ministry and the Directorate-General of Customs shall be provided between
details regarding the authorization and the authorization to export and to the customs control, in
the extent of the information referred to in decision pursuant to § 4 and § 8b paragraph. 3. Each other
to inform about the facts relevant to the administrative procedure
under this Act, the supervision of compliance with the conditions laid down in
permits and impose sanctions.
(2) the Ministry shall provide on request in individual cases by the
special legal regulation ^ 12) data on the extent of the information referred to in
decision pursuant to § 4 and § 8b paragraph. 3.
section 13 of the
Storage of information
The Ministry maintains a decision or resolution on the matter of transport and
imports of specified products and decision or resolution in case of export
specific products for a period of 30 years from the date of
and the decision establishing the) issue of the request for the issue of permits and the application for
issue an export permit is rejected,
(b) the issue of a resolution) terminating the proceedings,
(c)) of the decision, which will permit and an export permit, odejímá
(d) the termination of the authorisation and) an export permit, or
(e)) the exhaustion of the permit and an export permit.
Administrative offences
§ 14
the title launched
(1) a natural person has committed the offence by
and) contrary to section 1 (1). 3
1. carry or bring fixed product without permission, or
2. export the specified product without an export permit,
(b) fails to comply with any of the) the obligation laid down in the permit or in the permit
for export,
c) contrary to section 6 does not return authorization or return an export permit
under section 8b paragraph. 5,
d) contrary to section 8 (2). 2 does not return any permit or does not return
the organs of an export permit pursuant to Section 8e para. 2,
e) performs the carriage or provided for products contrary to Section 7a
paragraph. 1,
(f)) performs the export of specific products in violation of § 8 d of paragraph 1. 1,
g) fails to comply with the obligation under section 10(4). 2,
h) as the person who delivered the decision to ensure, in contradiction with the
section 11B(2). 3, issued the set out products or designated products at the customs
the Office, or
I) contrary to the directly applicable European Union law governing the
trafficking of firearms and ammunition ^ 3) does not provide a translation of the
all of the documents that have been provided as proof.
(2) a fine may be imposed for the offense to
and 3 000 000 €), or five times the prices laid down in the product or
for specific products, if five times the prices laid down in the product or
specific products more than 3 000 000 Czk in the case of an offence referred to in
paragraph 1 (b). a), b), (e)), and (f)),
(b)) 100 000 CZK in the case of an offense referred to in paragraph 1 (b). c), (d)),
g) and (i)),
(c) 3 000 000 Eur), if it is a misdemeanor referred to in paragraph 1 (b). (h)).
§ 15
the title launched
(1) a legal entity or individual entrepreneur is committed by the administrative
tort by
and) contrary to section 1 (1). 3
1. carry or bring fixed product without permission, or
2. export the specified product without an export permit,
(b) fails to comply with any of the) the obligation laid down in the permit or in the permit
for export,
c) contrary to section 6 does not return authorization or return an export permit
under section 8b paragraph. 5,
d) contrary to section 8 (2). 2 does not return any permit or does not return
the organs of an export permit pursuant to Section 8e para. 2,
e) performs the carriage or provided for products contrary to Section 7a,
(f)) performs the export of specific products in violation of § 8 d of paragraph 1. 1,
g) fails to comply with the obligation under section 10(4). 2,
h) as the person who delivered the decision to ensure, in contradiction with the
section 11B(2). 3, issued the set out products or designated products at the customs
the Office, or
I) contrary to the directly applicable European Union law governing the
trafficking of firearms and ammunition ^ 3) does not provide a translation of the
all of the documents that have been provided as proof.
(2) an administrative offense shall be fined in the
and 5 000 000 Czk), or five times the prices laid down in the product or
for specific products, if five times the prices laid down in the product or
specific products greater than $ 5 000 000 in the case of an offense under
paragraph 1 (b). a), b), (e)), and (f)),
b) 500 000 CZK in the case of an offense referred to in paragraph 1 (b). c), (d)),
g) and (i)),
(c)) $ 5 000 000 in the case of a misdemeanor referred to in paragraph 1 (b). (h)).
section 15a
The forfeiture provided for products or for specific products
(1) the forfeiture provided for products or for specific products, you can save
separately or together with a fine, if these articles belongs to
the perpetrators of the administrative offense and these products have been
and) for committing an administrative offense used or intended, or
(b) an administrative crime obtained or) they were acquired for the thing obtained administrative
a crime.
(2) Confiscation provided for products or for specific products cannot be saved
If their value is in striking disproportionate to the nature of the administrative
tort.
(3) the owner of the propadnutých provided for products or for specific products
becomes a State.
section 15b
Prevents the specified product or for specific products
(1) if it has not been saved or designated forfeit of established products
products according to § 15a paragraph 1. 1, can be used in the case if it requires
the safety of persons or property or another general interest, decide that the
such prescribed products and designated products take up, if
and belongs to the perpetrator of the administrative offense), which cannot be considered an administrative offence
affect, or
(b)) do not belong to the offender of the administrative offense, or in cases of completely.
(2) prevents the specified products or specific products cannot be
decide if its value is in striking disproportionate to the nature of the
the administrative offense or if the negotiations having characters of the administrative
six years have elapsed since the offence.
(3) the owner of the seized products laid down or specified products
becoming a State.
§ 15 c
Controlled products prescribed or specified products, for which
forfeiture or the prevents was finally decided to sell the appropriate
the branch of the State generally in the public auction; proceeds from the sale of
After the deduction of the cost of the sale is the Czech State budget revenue
of the Republic. If these products cannot be sold, shall ensure that the appropriate
the branch of the State of their destruction, and it costs them
the penalty was forfeiture or the prevents controlled set of products
or for specific products.
section 16 of the
Common provisions
(1) a legal person for an administrative offence is not liable if he proves that
made every effort, that it was possible to require that the infringement of the
a legal obligation is prevented.
(2) in determining the amount of the fine on a legal person shall take account of the seriousness of the
the administrative offense, in particular, the way a criminal offence and its consequences, and
the circumstances under which it was committed.
(3) the liability of a legal person for an administrative offense shall cease, if the
administrative authority about him has not initiated proceedings within one year from the date of
it, but not later than 5 years from the day when it was committed.
(4) the Offence referred to in section 14 in first instance shall consult the Customs Office in whose
the perimeter of the offence was detected; the competent customs authority may refer the matter to the
discussion of the Customs Office in whose district the person offence
She lives or works. Administrative offence under section 15 shall be discussed by the customs
the authority in whose area the legal person has its seat; If the legal person
registered office in the Czech Republic, the Customs Office shall discuss the administrative offence, in whose
the perimeter of the administrative offence was detected.
(5) The liability for the acts, which took place in the business
person ^ 13) or in direct connection with the applicable provisions of the Act
on the liability of legal persons and sanctions.
(6) the fine is income of the State budget of the Czech Republic.
Transitional provisions
§ 17
(1) a valid official permit (licence) issued pursuant to the Act No 62/2000
Coll., concerning certain measures on export or import of products and on the
license management and amending certain acts, shall be construed as enabling
issued pursuant to this Act.
(2) the procedure for the granting of licences, initiated before the date of entry into force of
This law shall be completed in accordance with this Act.
Powers of execution
section 18
The Government issues regulations to implement section 1 (1). 2 and § 8a of the paragraph. 1.
Regulation (EEC)
§ 19
Shall be repealed:
1. Act No. 152/1997 Coll., on protection against imports of dumped products
and amending and supplementing certain acts.
2. Act No 62/2000 Coll., on certain measures on export or import
products and licensing procedures and amendment to certain laws.
3. Decree-Law No 185/2000 Coll., laying down the products which may
be imported into the United States or exported from the United States only on the
the basis of a licence pursuant to Act No 62/2000 Coll., on certain measures applicable to
export or import of products and on licensing proceedings and on amendments to certain
laws.
4. Government Regulation No. 446/2000 Coll., amending Decree-Law No.
185/2000 Coll., laying down the products that can be imported into the
The Czech Republic or exported from the United States on the basis of the license
in accordance with Act No 62/2000 Coll., on certain measures on export or
the import of products and on licensing proceedings and on amendment to certain laws.
5. Government Regulation No. 502/2000 Coll., amending Decree-Law No.
185/2000 Coll., laying down the products that can be imported into the
The Czech Republic or exported from the United States on the basis of the license
in accordance with Act No 62/2000 Coll., on certain measures on export or
the import of products and on licensing proceedings and on amendments to certain laws, as
amended by Decree-Law No 446/2000 Sb.
6. Decree-Law No. 265/2001 Coll., amending Decree-Law No.
185/2000 Coll., laying down the products that can be imported into the
The Czech Republic or exported from the United States on the basis of the license
in accordance with Act No 62/2000 Coll., on certain measures on export or
the import of products and on licensing proceedings and on amendments to certain laws, as
amended by Decree-Law No 446/2000 Coll. and regulation of the Government No. 495/2000 Sb.
7. Decree-Law No. 397/2001 Coll., amending Decree-Law No.
185/2000 Coll., laying down the products that can be imported into the
The Czech Republic or exported from the United States on the basis of the license
in accordance with Act No 62/2000 Coll., on certain measures on export or
the import of products and on licensing proceedings and on amendments to certain laws, as
as amended.
8. Decree-Law No 404/2001 Coll., amending Decree-Law No.
185/2000 Coll., laying down the products that can be imported into the
The Czech Republic or exported from the United States on the basis of the license
in accordance with Act No 62/2000 Coll., on certain measures on export or
the import of products and on licensing proceedings and on amendments to certain laws, as
as amended.
9. Government Regulation No. 481/2001 Coll., amending Decree-Law No.
185/2000 Coll., laying down the products that can be imported into the
The Czech Republic or exported from the United States on the basis of the license
in accordance with Act No 62/2000 Coll., on certain measures on export or
the import of products and on licensing proceedings and on amendments to certain laws, as
as amended.
10. Government Regulation No. 561/2002 Coll., amending Decree-Law No.
185/2000 Coll., laying down the products that can be imported into the
The Czech Republic or exported from the United States on the basis of the license
in accordance with Act No 62/2000 Coll., on certain measures on export or
the import of products and on licensing proceedings and on amendments to certain laws, as
as amended.
11. Decree-Law No. 265/2001 Coll., laying down protective measures
on imports of certain products into the United States.
12. Decree-Law No. 194/2003 Coll., amending certain regulations
the Government, in the context of the application of safeguard measures pursuant to the Act No.
62/2000 Coll., on certain measures on export or import of products and on the
licensing procedures and amendment to certain laws.
PART TWO
Amendment of the Act on addictive substances
section 20
Act No. 167/1998 Coll., on addictive substances and amending other laws,
as amended by Act No 354/1999 Coll., Act No. 121/2000 Coll., Act No.
132/2000 Coll., Act No. 57/2001 Coll., Act No. 185/2001 Coll., Act No.
407/2001 Coll., Act No. 320/2002 Coll., Act No. 222/2003 Coll. and act
No 362/2004 is amended as follows:
1. in paragraph 1 of section 20 reads as follows:
"(1) to each individual export of addictive substances and preparations is
need to enable the Ministry of health (hereinafter referred to as "export
enable ").".
2. in article 21, paragraph 1 reads:
"(1) to each individual importation of addictive substances and preparations is
need to enable the Ministry of health (hereinafter referred to as "import
enable ").".
PART THREE
Amendment of the Act on administrative fees
section 21
In the annex, schedule of the Act No. 634/2004 Coll., on administrative fees,
item 103 and 105 item including the footnotes # 62 and 64:
"Item 103
Official authorisation
to import or export, or
the transport provided for the products ^ 62) $ 500
Exemption
From the fee under this item shall issue an official
the authorization to export or import or carriage of specified products for
the purposes of exhibitions, performance, complaints and not export and import
samples.
Note
Official authorization issued by the administrative authority in accordance with the international
treaties by which the Czech Republic is bound.
Item 105
Grant
and) an export permit or for the carriage of goods within the community
and dual-use technologies ^ 64)-$ 500
(b) the international import certificate) $ 500
62) Act No. 228/2005 Coll., on the control of trade in goods, possession of
in the Czech Republic restricts for security reasons, and amending
Some laws.
64) Law No. 594/2004 Coll., implementing the European mode
community for the control of exports of dual-use goods and technologies. ".
PART FOUR
cancelled
section 22
cancelled
PART FIVE
Change the transplant law
Article 23 of the
Law no 289/2002 Coll., on the donation, subscriptions and transplantation of tissues and
bodies and amending certain acts, shall be amended as follows:
1. in section 21 para. 1 at the end of the letter h) dot is replaced by a comma and
the following letter i), which read as follows:
"i) to import or export of tissues or organs in the framework of international exchange
tissues or organs under section 26(3). 1 or 2 or pursuant to section 26
paragraph. 3 have a permit for their imports or exports, granted by the Ministry of
(hereinafter referred to as "import or export permits"). ".
2. In article 26, paragraph 2, the following paragraph 3 is added:
"(3) the offer of tissue or organ for transplant are abroad can be made
also, on the basis of an authorisation granted by the Ministry. The Ministry of the
authorisation shall be granted unless it is in the national registry of persons waiting to
organ transplantation is not a suitable candidate and registered where tenders can be
tissue or organ abroad take place on the basis of membership in the
International transplant organisations, or on the basis of the international
the contract, which the Czech Republic is bound. ".
Paragraphs 3 and 4 shall become paragraphs 4 and 5.
3. under section 26 the following new section 26a to 26 g shall be inserted:
"§ 26a
(1) the import or export of tissues or organs in the framework of international exchange
tissues or organs under section 26(3). 1 or 2 or pursuant to section 26
paragraph. 3 (hereinafter referred to as "import or export of tissues or organs") issues
Ministry of an import or export permit. Application for import or
the export authorisation shall be presented to the Ministry of health
international exchange of tissues or organs is carried out (hereinafter referred to as "the applicant"),
at least 90 calendar days before the intended commencement of importation or
export.
(2) an application for an import or export authorisation shall contain
and) identification of the applicant,
b) subitem desetimístnou of the combined nomenclature of the common customs
tariff and its name indicating the specified tissues or organs,
the import or export, import or export authorization requests
provided for by regulation of the Government (section 26e)
(c) the proposed maximum amount) tissues or organs or cells
in millilitres,
(d) the proposed period of validity) of import or export permit
(e)) the purpose of the import or export of
(f)) name of the State (s) of origin of the tissues or organs in case of import, the name of the
State (s) identification of tissues or organs in case of export, the
(g) the date of preparation), name and surname of the person authorized to act on behalf of the
the applicant, that person's signature and stamp of the applicant.
(3) the application for an import or export authorisation, the applicant
connects
a) extract from the commercial register or a certified copy of the provisioning
of the Charter,
(b)) and the specifications of the species exported to enumerate or imported tissues or
authorities,
(c) in the case of exports, the document) or certified copy of a State issued
authority confirming that this is a medical device authorized
make subscriptions to tissues or organs.
(4) if the application does not contain the particulars set out in paragraphs 2 and
3, Ministry of it returns to the applicant while determining an appropriate time limit to
completion of the application. A term specified to the completion of the application is included in the
the deadline for the decision on the import or export
the authorization. If the applicant does not complete the application within a specified period, the Ministry of
initiated proceedings for the granting of import or export permits stops.
section 26b
(1) the decision on the import or export permit shall contain
and) identification of the applicant,
(b)) registration number of import or export permit
(c) subitem) the combined nomenclature of the customs tariff and its name
that indicates the tissue or authorities on the import and export of import or
the export authorisation is granted,
(d)) the period of validity of import or export permits, including the authorised
the maximum quantity of pieces of the organs or tissues or cells in millilitres,
You can import or export,
e) name of the State (s) of origin of the tissues or organs in case of import, the name of the
State (s) identification of tissues or organs in case of export, the
(f)) additional conditions, if necessary,
g) warning to the obligation to return the import or export authorisation within 10
working days after its exhaustion or termination of its validity (section 26e)
h) purpose of imports or exports,
I) the letter of appeal,
(j)) of the annex to the decision; in each Annex is defined instead of for the record
identification data of the medical device, which made the subscription
tissue or organ, and to the Customs authorities on the use of records granted by the
import or export permit (amount, date stamp,
signature); the number of attachments, the number of allowable maximum of imports or
the export referred to in subparagraph (d)),
to) release date, signature of the authorised employee of the Ministry and the imprint of the
the stamp.
(2) the Ministry shall grant an import or export authorisation for a period not exceeding 12
months.
section 26 c
(1) the Ministry shall authorise the import or export permit, if
and the requirements for an application are not fulfilled) referred to in section 26a para. 2 and 3, or
(b)) require the security interests of the United States (option risks
threat to the health and life of the population).
(2) the Ministry shall withdraw the import or export permit, if
and) import or export authorisation was granted on the basis of false
or incomplete information, the
(b)) have not been met or range of conditions laid down therein, or
(c)) required the security interests of the United States.
(3) an appeal against a decision to withdraw the import or export
the authorisation referred to in paragraph 2 does not have suspensory effect.
(4) all written submissions shall be submitted in the English language and documentary
evidence must be accompanied by an official translation into the Czech language.
(5) the Ministry and the Directorate-General of Customs shall be provided between
data relating to the import or export permit, to the extent
the data referred to in the decision under section 26b. They shall immediately
informed of the facts relevant for the administrative procedure for granting,
refusal or withdrawal of an import or export authorisation under this
law, shall check compliance with the conditions laid down in the import or
export permits and impose sanctions.
section 26 d
On the procedure of the Ministry is in the granting and withdrawal of import or
export permits by the administrative code, unless this law
unless otherwise provided for.
section 26e
Import or export permit cannot be transferred or is transferred to a legal
the successor. Medical equipment, which was an import or export
authorisation has been granted, it is required to enable the Ministry of this return to 10
working days after its exhaustion or its expiry,
including records of customs authorities about its use and a list of medical
equipment abroad approved by the State authority, to which they were
organs or tissues from the United Kingdom to be exported or from which they were
organs or tissues imported into the United States.
section 26f
The Government issues regulations to implement section 26a para. 2 (a). (b)).
section 26 g
For the international exchange of tissues or organs under section 26(3). 1 or 2 or
the offer in accordance with § 26 para. 3 between the Member countries of the European Union
the provision of section 26a to 26 d shall apply mutatis mutandis. ";"
4. in section 29 para. 2 (a). and) points 3 and 4 are added:
"3. that imported or exported tissues or organs without the import or
the export permit to the above 5 000 000 CZK
4. that you imported or exported in tissues or organs in conflict with
import or export authorisation to a maximum of $ 1 000 000 ".
PART SIX
The EFFECTIVENESS of the
section 24
This Act shall take effect on the date of its publication.
Fort Worth Star Telegram in r.
Klaus r.
Paroubek in r.
Selected provisions of the novel
Article. (II) Act No. 281/Sb.
Transitional provisions
1. the administrative proceedings initiated before the date of entry into force of this Act shall be
completes and the rights and obligations relating thereto shall be assessed according to the
the existing legislation.
2. the legal effects of the authorizations issued pursuant to Act No. 228/2005 Coll. on
the version in force before the date of entry into force of this Act, shall remain
unaffected.
1) article 346 of the Treaty on the functioning of the European Union.
2) for example, Act No. 119/2002 Coll., on firearms and ammunition, and about
Amendment of the Act No 156/2000, on the validation of firearms, ammunition and
pyrotechnical items and on the amendment of Act No 288/1995 Coll., on fire
weapons and ammunition (the Firearms Act), as amended by Act No.
13/1998 Coll. and Act No 368/1992 Coll., on administrative fees, as amended by
amended, and Act No. 455/1991 Coll., on trades
business (Trade Act), as amended, (the Act on
weapons), as amended.
3) European Parliament and Council Regulation (EU) No 257/2012 of 14.
March 2012 on the implementation of article 10 of the Protocol of the United
Nations Convention against the illicit manufacturing of firearms, their parts, components
and ammunition and trafficking, supplementing
the United Nations against transnational organised crime (Protocol
The UN Firearms Protocol), and the export authorization, the arrangements for
import and transit of firearms, their parts and components and ammunition.
4) for example, Act No. 38/1994 Col., on foreign trade with military
the material and the addition of Act No. 455/1991 Coll., on trades
business (Trade Act), as amended by later regulations, and act
No. 140/1961 Coll., the criminal code, as amended by later regulations, as amended by
amended, Act No 61/1988 Coll. on mining activities,
explosives and the State Mining Administration, as amended.
5) Article. 1 point 6 of Commission Regulation (EEC) No 2454/93 of 2 July 1993. July
1993 on the implementation of Council Regulation (EEC) No 2913/92 establishing the
the Community customs code, as amended.
6) of Council Regulation (EEC) No 2658/87 of 23 July. July 1987 on the tariff and
statistical nomenclature and on the common customs tariff.
7) such as Act No 156/2000, on the validation of firearms,
ammunition and pyrotechnical items and on the amendment of Act No 288/1995 Coll., on
firearms and ammunition (the Firearms Act), as amended by
Act No. 13/1998 Coll. and Act No 368/1992 Coll., on administrative
fees, as amended, as amended.
8), for example, Act No. 153/1994 Coll., on the Czech intelligence service
Republic, as amended.
9) Article. 5 (3). 5 first indent of Council Regulation (EEC) No 2913/92 of
12 October 1992 establishing the Community customs code, as amended
the text of the.
11) section 50 of the Act No 119/2002 Sb.
12) Act No. 283/1991 Coll., on the police of the Czech Republic, as amended by
amended.
13) § 2 (2). 2 of the commercial code, as amended.
14) Act No. 337/1992 Coll., on administration of taxes and fees, as amended by
amended.
for example, article 15). 11 (1) 1 (b). Regulation of the European Parliament) and
The Council (EU) 258/2012.
Article. 2 (2). 2 Council framework decision 2002/548/JHA of 13 June 2002 on June
2012 on the European arrest warrant and the surrender procedures between Member
States.
16) Article. Article 17(1). 3 European Parliament and Council Regulation (EU) No.
258/2012.
