Amendment Of The Act On Trade In Endangered Species

Original Language Title: změna zákona o obchodování s ohroženými druhy

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Read the untranslated law here: https://portal.gov.cz/app/zakony/download?idBiblio=76138&nr=467~2F2011~20Sb.&ft=txt

467/2011 Sb.



LAW



of 6 May 1999. December 2011,



amending the Act No 100/2004 Coll., on the protection of species of wild

fauna and flora by regulating trade therein, and

other measures for the protection of these species and on amendments to certain laws

(law on the trade in endangered species), as amended



Parliament has passed the following Act of the United States:



Article. (I)



Amendment of the Act on trading in Endangered Species Act No 100/2004 Coll., on

the protection of species of wild fauna and flora

by regulating trade therein, and other measures for the protection of these species

and on amendments to certain acts (the Act on trading in endangered species), in

amended by Act No 444/2005 Coll., Act No. 227/2009 Coll. and Act No.

346/2009 Coll., is amended as follows:



1. In article 1 (1). 1 the first sentence, after the words "of the cetaceans, imports"

the words "and the placing on the market".



2. In article 1 (1). 2 letter b) including footnote # 61:



"(b)) seals and seal products (hereinafter referred to as" the product of the seals ") ^ 61),



61) European Parliament and Council Regulation (EC) no 1007/2009 of 16 January 1996.

September 2009 on trade in seal products. Council Directive No.

83/129/EEC. '.



3. In paragraph 2 (a). (c)), the words "the law of the European communities on the protection of

endangered species ^ 5) shall be replaced by Annex A to the directly applicable

Regulation of the European Union on the protection of species of wild fauna and flora

flora by regulating trade therein ^ 5) ".



4. In section 2, at the end of paragraph (i)) dot replaced with a comma and the following

the letter j) including footnote # 62:



"j) the product of certain seal pups ^ 62) product of seal referred to

in annex 1 to this Act.



62) Council Directive 83/129/EEC. '.



5. in section 19 para. 1 the words "and the transit of products of seal" shall be replaced by

"the products of certain seal pups".



6. in section 19 para. 2 the word "seal" shall be replaced by "certain seal

the offspring ".



7. In paragraph 19, the following paragraph 3, including footnote # 63

added:



"(3) the provisions of paragraphs 1 and 2 are without prejudice to other obligations

resulting from the directly applicable European Union legislation on trafficking in

seal products ^ 63).



63) European Parliament and Council Regulation (EC) no 1007/2009 of 16 January 1996.

September 2009 on trade in seal products ".



8. In Section 23d para. 7, the words "this register makes available to the public"

replaced by the words "the contents of this registry exposes the manner allowing

remote access ".



9. In § 25 para. 2 the letter g) including footnote # 64:



"g) grants an exemption from the ban on hunting of cetaceans under section 20 (2). 2, verifies the

proofs of origin of seal products by directly applicable legislation

The European Union on the trade in seal products ^ 64), shall be decided in

the cases provided for in sections 18 and 19, where necessary, decides on other matters

laid down in regulation in the field of trading in endangered species ^ 9),



64) Commission Regulation (EU) No 737/2010 of 10. August 2010, which

detailed rules for the regulation of the European Parliament and of the Council (EC)

No 1007/2009 on trade in seal products ".



10. In § 25 para. 2 (a). about), the word "database" shall be replaced by

"registry" and the word "database" shall be replaced by the word "registry".



11. In § 25 para. 2 (a). p), the words "makes it to the public"

replaced by the words "its content exposes the way allowing remote

Access ".



12. In § 25 para. 2 (a). r) after the word "exposes" the words

"in a way allowing remote access".



13. in section 26 para. 8 at the end of the text of the first sentence, the words "and whether the

the importation and placing on the market of seal products take place in accordance with the

directly applicable EU regulation on the marketing of products from the

seal ^ 63) ", in the second sentence, the words ' of this regulation ' shall be replaced by

"these regulations", in the third sentence, the words "or transit" are replaced by

the words ", transit or placing on the market" and the words "this regulation"

replaced by the words "the following provisions".



14. in section 26 para. 9 the first and second sentence, the words "or transit"

in the third sentence shall be deleted, the words "or transit" shall be deleted and in the fourth

the words "or transit" are deleted.



15. in section 29 c (a). (d)), and (e)), the word "written" is deleted.



16. section 29 c the present text shall become paragraph 1 and the following

paragraph 2, which reads as follows:



"(2) the amount of reimbursement of the costs of care for a group of species specimens including

the cost of food, energy and care with the exception of the cost of breeding

health care lays down implementing legislation. ".



17. in section 30 is at the end of paragraph 1, the following sentence "Inspection on

checks and certification by a recognized authority, established and operating in the Czech

Republic by the directly applicable European Union legislation on trading

in seal products ^ 64). ".



18. in section 34a of paragraph 1. 4 the second sentence, the words "the information provided by the emergency

the Center "is replaced by" their billing provider rescue

the Centre ".



19. in section 34 c of paragraph 1. 2 (a). g) after the word "take" the words "or

attempts to export ".



20. in section 34 c of paragraph 1. 2 and § 34 d of paragraph 1. 2 the letter h) is added:



"h) takes the product of the seals, contrary to section 19 or with directly applicable

the EU regulation on the trade in seal products ^ 63) ".



21. in section 34 c of paragraph 1. 2 (a). I), the words "or 17" the words

"such export or attempt to".



22. in section 34 c of paragraph 1. 3 (b). a), the words "or reverse takes specimen"

replaced by the words ", attempts to export, export or backward will attempt to

Re-export of specimens ".



23. in section 35 para. 1 the second and third sentences with the word "database" is replaced by

the word "register" in the fourth sentence, the word "database" shall be replaced by

"Evidence" and the last sentence shall be replaced by "Information from the records of

applicants for the import, export or re-export of specimens including documents

material and data from other registers and registration under this Act shall

be kept for a period of 5 years from the submission of the application, the other information in the registry

be kept for a period of 10 years. ".



24. In § 35 para. 2 the first sentence, the word "database" shall be replaced by

"records".



25. In section 35 para. 4 the first sentence, the word "archive" is replaced by

"saved" and the second in the sentence, the words "central database"-led

replaced by the words "central register".



26. in section 35 para. 5 the first sentence, the word "archived" shall be replaced by

"held" and the word "database" is replaced by the word "evidence".



27. in section 35 para. 7, the word "archives" is replaced by "keeps".



28. In article 38, paragraph 1 shall be deleted.



Paragraphs 2 and 3 shall become paragraphs 1 and 2.



29. in § 38 paragraph 1(a). 2, the words "paragraphs 1 and 2 shall be replaced by" paragraph

1. "



30. In paragraph 42, after the word "implement" the words "§ 1 (1). 2 (a).

(c)), "after the words" § 15 c of paragraph 1. 3.0 "with the words" § 16, section 16b, para.

8, "after the words" § 18 para. 1.0 "with the words" § 22 para. 5, section 23

paragraph. 1 (b). and), "after the words" § 25 para. 2 (a). m) "are the words

"§ 29 c of paragraph 1. 2 "and the words" § 34a para. 7 "shall be replaced by the words" § 34a

paragraph. 8. "



31. Annex 1:



"Appendix No. 1 to the Act No 100/2004 Sb.



Products of certain seal pups under section 2 (b). (j))

The number of the heading number Description

CCT

1 ex 43.01 raw and tanned Leather or earned, including the fur

skins assembled in plates, crosses and similar

forms:

ex 43.02 A-white fur pups of harp (Pagophilus

groenlandicus)

-pups with blue hooded seals (blue-backs back

cristata)

2 ex 43.03 articles and fur referred to under item 1 ".



32. In annex 2 (a). (b)), the word "cordovan" replaced by the word "steppe"

and the word "steppe" shall be replaced by the word "yellow".



Article. (II)



The effectiveness of the



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

following the date of its publication.



Němcová in r.



Klaus r.



Nečas in r.