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On The Export Of Cultural Goods From The Customs Territory Of The European Communities

Original Language Title: o vývozu kulturních statků z celního území Evropských společenství

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214/2002 Sb.



LAW



of 25 June 2002. April 2002



concerning the export of certain cultural goods from the customs territory of the European

Community



Change: 281/2009 Sb.



Parliament has passed the following Act of the United States:



§ 1



This Act provides for additional conditions for the export of cultural goods

the customs territory of the European Communities (hereinafter referred to as "customs territory")

referred to in the legislation of the European communities, the Governing

export of cultural goods from the customs territory. "^ 1")



§ 2



Export permits under this Act (hereinafter referred to as "export permit")

does not replace consent, permit, certificate or licence issued by

special legislation. ^ 2)



§ 3



(1) to grant an export authorisation is the Ministry of culture and

in cases relating to the records Department of the Interior (hereinafter referred to as

"central authority").



(2) the Central Authority grants an export authorisation of type standard authorization. ^ 3)



§ 4



Application for an export permit under this Act (hereinafter referred to as "the application")

administered with the consent, permission or certificate issued under the

specific legislation, ^ 4) where appropriate, together with the application for consent

or applications for authorisation on a form issued by the Ministry of

culture.



§ 5



(1) the central authority shall issue an export permit, if issued,

permit or certificate provided for in special legislation, ^ 4) and it

at the same time with this consent or permission, or no later than 10 days from the

submission of the application, if the certificate has been issued under a special

legislation. ^ 5)



(2) the export authorisation shall be issued for a period specified in the consent, permission

or certificate under special legislation. ^ 4)



(3) the goods may be exported only within a period of 12 months from the date of issue

an export permit.



§ 6



(1) in the event that the exporter must lodge with the appropriate customs office customs

a statement in connection with the export of a cultural object from the territory of the United

the Republic proposes to lay off subject to the export procedure or

outward processing and customs suspects that the balanced

the subject is a cultural object that is exported without an export permit,

the subject of the decision and shall inform the Central

authority. The Customs Office shall proceed mutatis mutandis in the case where it is carried out

the export of such an article, and a customs declaration had not been lodged or has been

be lodged at the Customs Office of the Member State.



(2) if the issue of an export permit would be catered for when the subject was

the central competent authority, shall be drawn up for the Customs Office within a period of 15 days from the

date of submission of the information. A copy of the report will also receive

the exporter.



(3) in the case that the central authority is not competent to issue export

authorisation, it shall inform, in writing, to provide the subject matter without delay to the authority

Member State competent to issue an export permit.



(4) the exporter is obliged to tolerate the steps necessary for identification and verification

of the subject.



(5) the costs associated with provision of the subject shall be borne by the exporter, if he

It has been proven a violation of this Act.



§ 7



(1) the central authority shall impose a fine of up to $ 50,000 a person who fails to comply with

the obligation laid down in article 6 (1). 4.



(2) the central authority shall impose a fine of up to 100 000 CZK to the holder

export permit fails to fulfil the obligation to submit the form

export permit back to the issuing authority within 15 days from the date of

There was an operative event for the emergence of this obligation. ^ 6)



(3) the central authority shall impose a fine of up to Czk 1 000 000 to the person who

exports or export goods without an export permit.



(4) in the imposition of fines to take account in particular of the seriousness and consequences of

of the infringement.



(5) a fine may be imposed within 1 year from the date on which the central authority of the

failure to comply with the obligations of the learned, but not later than within 3 years from the date on which the

failure to comply with this obligation has occurred.



(6) the penalty is due within 30 days from the day when the power came

the decision, which was fine.



(7) the Fines collected and enforced by the central authority.



(8) the fines are State budget revenue.



§ 8



With the exception of section 6 (1). 1 and § 7 of the procedure under this Act

not covered by the General rules of administrative procedure. The appeal against the decision of the

According to § 6 paragraph 1. 1 does not have suspensory effect.



§ 9



This Act shall take effect on the date of the Treaty of accession of the Czech

Republic to the European Union enters into force.



Klaus r.



Havel, v. r.



in the financial times in the r..



1) Council Regulation (EEC) No 3911/92 on the export of cultural goods, as amended by

Council Regulation (EC) no 2469/96 and Council Regulation (EC) no 947/01.



Commission Regulation (EEC) No 752/93, the implementing of Council Regulation (EEC) No.

3911/92, as amended by Commission Regulation (EC) No 1526/98.



2) for example, law No. 20/1987 Coll. on State heritage preservation, as amended by

amended, law No 97/1974 Coll. on archives, as

amended, law No 121/2000 Coll., on the protection of Museum Collections

nature and amendment to certain other laws, Act No. 71/1994 Coll., on

sale and export of objects of cultural value, as amended by Act No. 122/2000

Coll., Act No. 38/1994 Col., on foreign trade with military material

and the addition of Act No. 455/1991 Coll., on trades

(Trade Act), as subsequently amended, and Act No.

140/1961 Coll., the criminal act, as amended, law No.

62/2000 Coll., on certain measures on export or import of products and on the

license management and amending certain acts, law No 16/1997 Coll., on

the conditions of the import and export of endangered species of wild fauna and

flora and other measures for the protection of these species and

amending and supplementing the Act of the Czech National Council No. 114/1992 Coll., on the protection of

nature and landscape, as amended.



3) Article. 3 to 9 of Commission Regulation (EEC) No 752/93.



4) section 20 of Act No. 20/1987 Coll.



section 8 of Act No 97/1974 Coll., as amended by law No 343/1992 Sb.



section 11 of Act No. 121/2000 Coll.



section 2 of the Act No. 72/1994 Coll.



5) section 2 of the Act No. 72/1994 Coll.



6) Article. 8 (2). 1 the last sentence and article. 9. 3 of Commission Regulation (EEC) No.

752/93, the implementing of Council Regulation (EEC) No 3911/92.