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.