On The Control Of Trade In Products That Have A Holding In The Czech Republic Restricts

Original Language Title: o kontrole obchodu s výrobky, jejichž držení se v ČR omezuje

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Read the untranslated law here: https://portal.gov.cz/app/zakony/download?idBiblio=60168&nr=228~2F2005~20Sb.&ft=txt

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.