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Change. On Trade In Endangered Species And Change The Other.

Original Language Title: změna z. o obchodování s ohroženými druhy a změna dalších z.

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346/2009 Coll.


LAW
Dated 9 September 2009

Amending Act no. 100/2004 Coll., On the protection of species of wild fauna and
flora by regulating trade therein
and other measures to protect these species and amendments to some laws
( Act on trade in Endangered species), as amended,
Act no. 634/2004 Coll., on administrative fees, as amended
regulations, the Act no. 200/1990 Coll., on misdemeanors,
as amended, and Act no. 388/1991 Coll., on the State environmental Fund
Czech Republic, as amended

Parliament has passed this Act of the Czech Republic:
PART ONE


Amendment to the Act on Trade in Endangered Species

Art. I

Act no. 100/2004 Coll., On the protection of species of wild fauna and flora
flora by regulating trade therein and on further measures to protect these species
and amending some laws (Act on Trading || | endangered species), as amended by Act no. 444/2005 Coll. and Act no. 227/2009
Coll., is amended as follows:

First In footnote no. 2, "no. 1808/2001 "is replaced
" no. 865/2006 ".

Second In § 1 par. 2 point. b) the word "Annex" the words "no.
1 ".

Third In § 2. c) after the word "extinction" the words "or
extinction (hereinafter" endangered species ")".

Fourth In § 2. f) the words "and approved treatment other than
transit" is replaced by "from the moment of entering the territory of the European Community
except transit system."

Fifth In § 2. g) the words "and approved treatment other than
transit." are replaced by "except transit arrangements."

6th In § 2, the following points h) and i) are added:

"H) another individual individual particularly protected species of animal or plant
^ 4), which is not a specimen and which is defined by an implementing regulation
§ 1 par. 2 point. c)

I) exports from the Czech Republic's exports specimen, another individual,
regulated furs or seal products from the European Community
except the transit, and transportation of the specimen, another individual, regulated
fur or articles seals from the Czech Republic to another Member State of the European Communities
. ".

7th The heading of Title II, added: "The general conditions and formalities
applications for the import, export, re-export MOVEMENT OF ITEMS AND OTHER DEALINGS WITH THEM
".

8th § 3, including the title and footnotes Nos. 9, 9, 10, 11 and 11 reads:

"General Conditions

§ 3

(1) The procedure for import, export, re-export and other ways
regulations governing the handling of specimens
directly applicable regulations of the European Communities on trade in endangered species (hereinafter
"Regulation of trading Endangered species ") ^ 9).

(2) An application for a permit or certificate for import, export or re-export of specimens
in accordance with the regulation on trade in endangered species
^ 9) or a certificate necessary for movement of a live specimen of an animal
a species threatened directly with extinction, except
phytosanitary certificate pursuant to § 17 para. 1
submitted by a legal entity or natural person who intends to import, export, re-export or move a specimen
(hereinafter the "applicant") , Ministry of environment
environment (hereinafter the "Ministry") on the form prescribed in the regulations
trade in endangered species ^ 9). If the subject of the request
live specimen of the order Primates (Primates spp.), The applicant is required to demonstrate that
fulfilled the conditions for trade in primates stipulated by other laws and regulations
^ 9).

(3) An application for an exemption from the prohibition of commercial activities related to
specimens according to the regulation on trade in endangered species ^ 10)
be submitted to the appropriate regional office on the form prescribed in the regulations
trading Endangered species ^ 9), with the exception
a traveling exhibition certificates and sample collection ^ 11), which are currently
exception to the prohibition of commercial activities for the sole purpose of public display
. If the subject application is a live specimen
order primates (Primates spp.), The applicant must prove that he has fulfilled
conditions for trade in primates set by other legislation ^ 9).


(4) The applicant shall complete an application under paragraph 2 or 3, and document the corresponding
data required by the regulations on trade in endangered species
^ 9).

(5) The application for issuance of a traveling exhibition certificates file
samples or on the issue of personal ownership, or by
issuing additional permits or certificates pursuant to Regulation in
trade in endangered species ^ 9) shall be filed with the competent administrative authority to
form prescribed by regulations on trade in endangered species
^ 9).

(6) Other requirements of applications in accordance with paragraphs 2, 3 or 5
proof of payment of the administrative fee, if such fee is set
other law-11a).

(7) Requests pursuant to paragraph 2 or 5
shall attach a completed registration card. Form registration cards Ministry sets
implementing regulation.

(8) The Ministry keeps records of applicants in accordance with paragraphs 2 and 5 regional offices
keep records of applicants in accordance with paragraph 3

(9) The completion of the application, the conduct and content of the register of applicants,
submission and handling of the documents referred to in paragraphs 1-8 down
Ministry in the implementing legislation.

9) Council Regulation (EC) no. 338/97. Commission Regulation (EC) no. 865/2006
4 May 2006 laying down detailed rules for implementing Council Regulation (EC) No.
338/97 on the protection of species of wild fauna and flora by regulating plants
trade in these species.

9a) For example Act no. 166/1999 Coll., On veterinary care and amending
related laws (Veterinary Act), as amended,
§ 46 of Decree no. 382/2003 Coll.
veterinary requirements for trade in animals and on veterinary conditions for their import from third countries
.

10) Art. 8 Council Regulation (EC) no. 338/97.

11) Chapter VII and VIII of Commission Regulation (EC) no. 865/2006.

11a) Act no. 634/2004 Coll., On administrative fees, as amended
regulations. ".

9th Under § 3, the following new § 3a, which including footnote no. 11b
reads:

"§ 3a

(1) Import, export, re-export and transit of specimens can only be achieved through
designated customs authorities ^ 11b).

(2) The Ministry may in its decision to authorize imports stipulate that
importer who imports a live specimen of an animal species is obliged
least 24 hours in advance to notify the Czech Environmental Inspection
(hereinafter the "Inspection ') time of import and customs office designated for release
shipments to the relevant customs regime or assignment to the relevant customs-approved treatment
.

(3) If the importer does not accompany the imported specimen passes
obligation under paragraph 2 on the carrier specimens or other accompanying person
importer is obliged to inform people about the relative responsibilities.

11b) Article. 12 of Council Regulation (EC) no. 338/97. '.

10th In § 8 par. 2 letter g) including footnote no. 17 reads:

"G) for export of specimens born and bred in captivity or artificially propagated
^ 17) a brief description of the breed or the culture from which it will be obvious
origin of the individuals starting the breed or the culture and filial generation achieved in
human care.

17) Chapter XIII of Commission Regulation (EC) no. 865/2006. ".

11th In § 11 par. 2 letter f) reads:

"F) for the export of specimens born and bred in captivity or artificially propagated
^ 17) a brief description of the breed or the culture from which it will be obvious
origin of the individuals starting the breed or the culture and filial generation achieved in
human care. ".

12th In § 14 para. 2 at the end of subparagraph c) is replaced by a comma and full stop
letter d) shall be deleted.

13th Under § 15, the following new § 15a to 15c, which
including headings and footnotes. 20a to 20d added:

"§ 15a

Exemption from the prohibition of commercial activities

(1) An applicant for an exemption from the prohibition of commercial activities ^ 20b) can be
only the owner of the specimen, or legal or natural person who is in possession
specimen on the basis of long-term loans from abroad for longer || | than 90 days, or the person who legitimately holds the specimen if the specimen
not the owner or the owner is not known (hereinafter "the holder
"). The applicant shall submit an application for exemption from the prohibition of commercial activities
competent regional authority under § 3 para. 3 and 4.

(2) An application under paragraph 1 shall be accompanied


A) evidence of the origin of the specimen required by the regulations in
trade in endangered species ^ 9) and this Act,

B) obligatorily registered specimen, a proof of registration (§ 23)
unless simultaneously applied for registration of the first specimens

C) a specimen, which is an individual specially protected species or a bird
species that lives wild in the European territory of the Member States of the European Community
proof of authorization possession, captive breeding or cultivation of any specimen
according to another legal regulation 20a).

(3) The certificate of exemption from the prohibition of commercial activities ^ 20b)
a document authorizing the transfer-20c), the regional authority may issue
after consultation with the Ministry for the same live specimen on a single form.

(4) Method of filling out the application form for a certificate of exemption from the prohibition of commercial activities
Ministry sets the implementing legislation.

§ 15b

Traveling exhibition certificate and a sample collection

(1) An application for a traveling exhibition certificate or file
samples ^ 11) The applicant shall submit to the Ministry under § 3 para. 5 and 7. The application shall be accompanied
applicant corresponding data and documents pursuant to § 4 para . 2
§ 6 paragraph. 2, § 8 par. 2 point. a) to d), f) and g) and § 11 para. 2 and
appropriately in accordance with § 15a paragraph. 2nd

(2) The applicant for a traveling exhibition certificate or file
samples to be simultaneously exception to the prohibition of commercial activities
for the sole purpose of public display, submit to the Ministry
previously issued a certificate of exemption from prohibition of commercial activities, if
granted and if it is in force; in case of issuance of a traveling exhibition
or sample collection certificate confirming the earlier
loses its validity and the applicant is obliged to submit it to the Ministry, unless
regulation of trade in endangered species ^ 11) different approach.

(3) The Ministry shall issue a traveling exhibition certificate or
sample collection only if the applicant has met the conditions required
regulations on trade in endangered species ^ 9).

(4) The Ministry keeps records of specimens, which have been issued
traveling exhibition certificate ^ 11), indicating their holders.

§ 15c
Further confirmation


(1) When issuing certificates, personal ownership of the specimen-20d) or other
confirmation governed by Regulations on trade in endangered species
^ 9) is governed by these regulations and reasonably
under § 4, 6, 8, 11 and 14

(2) The Ministry keeps records of specimens, which have been issued
personal ownership certificate-20d), indicating their holders.

(3) The method of claim form for personal ownership certificates
specimens of the sample collection certificate, a traveling exhibition certificate,
a permit or certificate for import, export and re-export
or a certificate necessary for movement of a live specimen of an animal species threatened directly
extinction Ministry sets
implementing legislation.

20a) and 5b § 56 Act no. 114/1992 Coll., On nature and landscape protection, as amended
Act no. 16/1991 Coll. and Act no. 218/2004 Coll.

20b) Article. 8 paragraph. 3 of Council Regulation (EC) no. 338/97.

20c) Article. 9, paragraph. 2 Council Regulation (EC) no. 338/97.

20d) Chapter VIII of Commission Regulation (EC) no. 865/2006. ".

14th Under § 16, the following new § 16a and 16b, which
including headings and footnotes. 22a to 22d added:

"§ 16a

Registration for simplified procedures for trade in biological samples

(1) The Ministry keeps a register of persons who may benefit from simplified procedures
according to the regulation on trade in endangered species ^ 22a) and
of the species, with the sample can thus be traded. This register
ministry every 5 years is reviewed and updated.

(2) An application for registration for simplified procedures for trade
biological samples in accordance with the regulation on trade in endangered species
^ 22a) is sent to the Ministry. Applicants must complete an application for a permit or certificate
for import, export or re-export of specimens
a registration card to request further accompanied

A) list of species specimens of biological specimens that are the subject
request

B) written justification that the anticipated trade in biological samples
will have no or only a negligible impact on the conservation issue

Species

C) estimate of the anticipated needs of partially completed permits and
confirmation.

§ 16b

Licenses for caviar processors and packers

(1) The license for the processing, packaging or repackaging
caviar sturgeon species (Acipenseriformes spp.) (Hereinafter referred to as "caviar") in the Czech Republic
may, in accordance with the regulation on trade in endangered
species-22b) grant natural or legal person on the basis of its application
ministry. The license is granted for an indefinite period.
License does not replace the permits, approvals ^ 22c), endorsements or representations needed to
processing, packaging or repackaging caviar
according to other legal regulations.

(2) The Ministry shall approve the request method for labeling containers
caviar caviar packer for use when marking in accordance with
regulation of trade in endangered species-22d), and allocates registration
code caviar processor or packer.

(3) The Ministry may decide to revoke a license granted under paragraph 1
where the processor or packer caviar infringes
set regulations on trade in endangered species ^ 9).
A new license may be granted only after two years from the day the decision to revoke the license
. License over to the legal successor of the processor or packer
caviar. The Ministry keeps records of processors and packers
caviar which the license was granted.

(4) caviar processor or packer are obliged to promptly report to the Ministry
changes applicable to the use of the license.

(5) An application for a license for processors and packagers of caviar and approval
method of marking caviar containers shall be submitted to the Ministry. Application for a license
addition to the requirements under Regulation on trade in endangered species
^ 9) contains

A) information on the expected mode of acquisition, processing and storage
caviar, the

B) support the request by the regulation on trade in endangered species
^ 9)

C) a detailed description of the methods used in the packaging of caviar packer caviar, the
descriptions and samples of used or proposed disposable labels
primary containers of caviar,

D) the written consent of the applicant that the ministry will provide information about
licensed packager caviar to the European Commission and the Secretariat of the Convention ^ 1)
scope laid down in the trade in endangered species
^ 9).

(6) The Ministry for a license to serve caviar packer
only for the purposes of trade in caviar in accordance with the Regulation on the trade in endangered species
^ 10) and does not meet the conditions laid
other legislation.

(7) caviar processor or packer is obliged to keep records of
dealing with caviar and caviar containers mark.

(8) The Ministry stipulates the application form
license for processing, packaging or repackaging caviar, the
content and method of keeping records on waste caviar method of labeling containers
caviar and method of allocation registration codes packers caviar.

22a) Art. 18 Commission Regulation (EC) no. 865/2006.

22b) Article. 66 para. 7 of Commission Regulation (EC) no. 865/2006.

22c) § 22 of Act no. 166/1999 Coll., On veterinary care and amending
some related laws (Veterinary Act).

22d) Article. 64 para. 2 and Art. 66 para. 6 of Commission Regulation (EC) no. 865/2006
. ".

15th In § 17 para. 1, § 33 para. 2, § 37 para. 2 and § 40 para. 2
word "special" is replaced by "other".

16th In § 18 paragraph 1 reads:

"(1) The export of other individuals from the Czech Republic can only be based on
permission of the Ministry. Model application for an export permit from another individual
Czech Republic Ministry sets an implementing regulation. ".

17th In § 18 par. 3 point. b) and c) the word 'special'
be replaced by the words "other".

18th In § 21 paragraph 1 reads:

"(1) The decision on the import, export and re-export of specimens
is also completed and certified form
relevant permit or certificate in accordance with the regulation on trade in endangered species
^ 26) ( only "CITES document"). The permit required to transfer
specimen of a species threatened directly with extinction is
certificate issued under regulation of trade in endangered species ^ 20).
CITES document is also an import notification submitted by the customs authority

Regulation on trade in endangered species ^ 27)
a phytosanitary certificate issued in accordance with § 17 or any other permit or certificate
according to the regulation on trade in endangered species ^ 9).
CITES document is also a copy of such document issued by the Ministry
simultaneously with the original CITES document (hereinafter "copy of the CITES document") and
certified copy of the CITES document issued by the regional office. ".

19th In § 21 par. 3 of the second sentence deleted.

20th In § 22 paragraph 1 and 2 added:

"(1) The import permit, a document issued in the exporting country for
export or re-export of specimens into the Czech Republic under the Convention ^ 1)
or CITES document, which replaces that were not collected at import
customs authorities and should be taken in accordance with the regulation on trade in endangered species
^ 2) must be submitted no later than 15 days after the importation
Ministry together with a written justification, why not submit
documents to the customs authorities.

(2) For the purposes of proving legal origin of specimens imported by
regulation on trade in endangered species ^ 9) serves importers
copy of CITES, which was confirmed by the customs authority on importation
specimens or confirmed a copy of the CITES document issued by a regional
authority. ".

21st § 23 including the title and footnote no. 31a reads:

"Registration of some specimens and granting exemptions from the ban
business activities with the specimens

§ 23

(1) The owner or long-term holder of a specimen is obliged to sign
registration, if it is a

A) specimen of a species threatened directly with extinction, covered
ban on commercial activities ^ 10) with the exception of:

First species of wild fauna and flora that
occur naturally in nature Czech Republic, including species
specially protected under the laws of nature and landscape protection-31a) and

Second specimens of species for which an implementing regulation stipulate that
by the obligation of registration,

B) specimens of species other than species directly threatened with extinction
listed in Annex no. 2 to this Act.

(2) registration obligation shall apply to a specimen owner or long-term holder
domiciled or residing outside the territory of the Czech Republic
, and when the specimen was imported in accordance with this Act
temporarily to Czech Republic for less than 90 days of imports. For
specimen owner or long-term holder of a seat or permanent
residence in a Member State of the European Communities
specimen must be accompanied by appropriate permit or certificate issued
executive authority of the Member State of the European Communities, in which the owner || | or long-term holder or permanent residence.
Period of temporary stay without registration in this case is 12 months from the arrival
specimens in the Czech Republic.

(3) A certificate of registration is the registration specimens leaf specimens
issued by the competent Regional Authority (hereinafter referred to as "registration authority").
Registration document is valid for the Czech Republic. For each specimen
subject to the registration requirement is issued separate registration
sheet. Registration Authority also stores a copy of the registration document.
Registration document is not an official confirmation of the legal origin of the specimen.
Owner or long-term holder of a specimen is obliged to ensure that
specimen was always accompanied by its registration paper, or other
documents referred to in paragraphs 4 and 8; It also applies to the transfer of specimens
new owner. Registration form sheet specimen provides
Ministry in the implementing legislation.

(4) When issued a decision granting exemption from the prohibition of commercial activities
according to § 15a hitherto unregistered specimen, then u
specimens that must be registered and so far this has not happened, in the framework || | carry out such a procedure also registering specimens and embarks
owner or long-term holder of a registration certificate. If you go to the registration office
registered specimen certificate of exemption from the prohibition of commercial
activities, noting immediately after issuing a certificate of exemption in
registration document belonging to the same number of specimens
certificate and the certificate shall number the relevant registration document.
This procedure also apply to other cases of confirmation. Person

Living outside the Czech Republic is obliged to have while in the Czech Republic
if it is to carry a specimen certificate required by Regulation
trade in endangered species ^ 9). Certificate of exemption from the prohibition on the sale
^ 20b), unless the regulations on trade in endangered species
^ 9) otherwise, shall also be submitted with the specimen
its new owner or long-term holder.

(5) The owner or long-term holder of a specimen subject
registration requirement must request the registration authority to issue
proof of registration within 30 days from the date the specimen or from
expiry of the period referred to in paragraph 2 or effective date of the rule
regulation, which was the kind to which the specimen belongs, ranked among species
subject to the registration requirement. The owner or long-term holder,
who is obliged to apply for a certificate of registration, specimen
not be transferred to another person before the registration authority will issue the document.
The application for issuance of the certificate of registration, the applicant shall
data proving his identity and submit all documents relating to the specimens that
possession.

(6) In the case of birth or hatching chicks in their own breeding, rearing
whose owner or long-term holder of record in breeding
records according to § 24 par. 7, the deadline for registration of specimens according to paragraph 5
extends the period during which young
owner or long-term holder keeps, and it

A) young mammals during lactation, but not later than 6 months of age
hatchling

B) for eggs and young birds or reptiles as long as they remain in the nest
or parental care, but not later than three months old baby,

C) in the case of eggs, egg, embryonic stages and juveniles other than those referred to in point
a) or b) within 3 months of age after hatching chick or, in the case
through the embryonic stages of development, within 15 days
reached the last developmental stage.

(7) Registration Authority which has registered a specimen that
by other legislation ^ 30) among the species
requiring special care, shall without undue delay of this fact
locally competent animal protection authority ^ 31).

(8) The registration requirement does not apply to confiscated specimens, if
remain the property of the state. In the case of long-term loans more than 90 days
lease, sale or other transfer of confiscated specimens
which is owned by the State, the Ministry shall issue a certificate of origin
confiscated specimen on a form prescribed by the implementing legislation, while
new acquirer shall further copy to the same obligations as the owner.

(9) The completion of the registration document sets
Ministry in the implementing legislation.

31a) Act no. 114/1992 Coll., On nature and landscape protection, as amended
.

Decree no. 395/1992 Coll., Which implements certain provisions of the Act
on nature and landscape protection, as amended. ".

22nd Footnote. 29 is repealed.

23rd Under § 23, the following new § 23a to 23d, which
including headings and footnotes Nos. 32a added:

"§ 23a

(1) The data in the registration certificate shall be in accordance with the actual situation
specimen and it must be clear that they belong together.

(2) The owner or long-term holder of a specimen is obliged to report
registration authority about changes concerning registered specimen, which are
death, loss, loan, lease, transfer of ownership of the specimen, specimen
additional labeling or permanent export from the Czech Republic,
within 30 days of the change occurred or where the owner or long-term holder
learned; in the case of loan, lease and additional
marking specimens in the same period of time required to submit a registration certificate for marking
changes.

(3) In the event of death or loss of a specimen cast owner or long-term holder
registration authority a certificate of registration within 30
days from the day when the death or loss of specimens occurred.
Owner or long-term holder is required registration certificate by the same deadline to surrender
also for the permanent export of specimens from the Czech Republic; if
permanent transport specimens from the Czech Republic to another Member State
owner surrenders the registration document to the competent registration authority in
case of permanent export specimens Ministry.


(4) The owner or long-term holder is obliged to report changes to
specimen for its identification, unless the specimen
individually and distinctively marked according to the requirements of Regulation
trade in endangered species ^ 9) .

(5) In case of change of ownership or long-term holder
announce the new owner or long-term acquisition of the specimen holder
competent registration authority within 30 days from the date of acquisition of the specimen;
in this case is not issued new document, but the existing registration sheet
record the relevant amendment, unless stipulated otherwise.
Registration authority shall record the changes with a copy of the registration certificate, which retains
. The new owner or long-term holder must specimen
transferred to another person before the relevant registration authority after the announcement
acquisition of specimens of this fact is recorded in the registration
sheet.

(6) Method of making changes in the registration of specimens subject to the obligation to bear down
Ministry in the implementing legislation.

§ 23b

(1) A person who sells or offers for sale a specimen subject
registration or a specimen covered by the prohibition of commercial activities
according to the regulation on trade in endangered species ^ 10), is obliged
him with a written notice "CITES - required documents" and
sale only with the corresponding registration document, and if it goes
a specimen subject to the prohibition of sales with or without a certificate of exemption from this prohibition
^ 20b ) or superseding confirmation (hereinafter 'mandatory
documents related to transfer ").

(2) A person who sells or offers for sale a specimen
referred to in paragraph 1 shall also inform the buyer or buyers of the specimen
requirement to register under this Act and bans on trading activities
specimen ^ 10). This applies mutatis mutandis for other ways
transfer of the specimen.

(3) The obligations set out in paragraphs 1 and 2 shall also apply to whoever
such specimen sells or offers for sale
via means of remote communication. Caution "CITES - required documents"
is a mandatory part of the advertisement offering for sale a specimen subject
registration or a specimen covered by the prohibition of commercial activities
.

(4) When trading on publicly accessible sites where
offering for sale and selling specimens, or the operation
means of distance communication, through which they offer for sale or sell
specimens is operator of such site or resource
distance communication shall ensure that the mandatory information
associated with the transfer of a specimen posted in a conspicuous place.
Operator of means of distance communication is required to ensure
disclosure of such information even when advertising or online sales;
for mandatory disclosure of information in this case is considered to be a reference to
mandatory information published by the Ministry.
Operator means of remote communication is required to call an inspection immediately remove
ad that is inconsistent with this Act or the prohibition of commercial activities
^ 10).

(5) The content of the mandatory information associated with the transfer of specimens and specimen
reference to the mandatory information published by the Ministry provides
Ministry in the implementing legislation.

Marking and identifying specimens

§ 23c

(1) The owner or long-term holder of a specimen is obliged to mark their costs
specimen in accordance with the regulation on trade in endangered species
^ 32a) for the purposes set out in the regulations
trade in endangered species ^ 9) and in the same manner shall mark
and specimen subject to a registration requirement under § 23.
If this Act does not state otherwise, the specimen was labeled at the time of filing the application for registration
. For the purpose of identifying the individual specimens
be his unmistakable indication. The same label can not be used
for more than one specimen and used brand name may no longer be labeled
any other specimen. The provisions of this paragraph shall not apply to specimens marked by
regulation on trade in endangered species
^ 32a) outside the Czech Republic.

(2) If a specimen traded and does not change its owner
or long-term holder, and if the regulation of trading

^ Endangered Species 32a) sets a different deadline, specified method
designation under paragraph 1 shall not apply

A) young mammals during lactation, and not later than 6 months

B) eggs and young birds, they remain in the nest or in parental care,
not later than 3 months of age,

C) eggs, eggs, embryonic stages and young reptiles, not later than 3 months of age
.

(3) Another method of marking or identification of specimens before
under paragraph 1, the competent executive authority to recognize only if prescribed
designation under paragraph 1, injures
specimens of species or if it is impracticable due to the physical properties of the specimen or
kind or due to natural behavior,
which is such a specimen or the kind of typical. In recognizing
another way of marking or identification, the competent executive authority
request the opinion of the scientific body. If the designation is impracticable
only temporary and does not copy any individual distinguishing character sets
registration office later date for marking specimens.

(4) The method of marking and record the tag number
registration authority on the registration sheet. If the owner or long-term holder of the specimen
proves that the physical and health condition of the specimen does not allow safe
application of any set marking method at the time of issuance of evidence
registration, registration authority shall record this circumstance on the registration sheet or in
if the marking method can be safely used in
later date, it sets as a condition specifying the deadline. For
specimen that can not be marked, the registration authority shall upon proof of registration
description of individual distinguishing features of the specimen
complete photographic documentation, which will be an integral part
relevant registration document.

(5) The method of marking, types and forms of signs, numbering and assigning
signs and other methods of marking or identification of specimens
Ministry sets the implementing legislation.

Licenses for manufacturers and distributors of brands on specimens

§ 23d

(1) Manufacturers and distributors of rings and other tags required for marking specimens
according to § 23c paragraph. 1, with the exception of microchip transponders
with the exception of caviar processors and packers licensed
under § 16b, these manufacture and distribute the brand in the Czech Republic
only under a license granted by the Ministry, if they prove
meet the conditions stipulated by the trade in endangered species
^ 32a).

(2) An application for a license for a manufacturer or distributor rings and other
tags for marking specimens in addition to the requirements under other legislation contains provisions
^ 11a)

A) sample rings or other marks that the license applicant intends to manufacture or distribute
,

B) written information about rings or other tags,

C) the applicant's consent, that after granting the license, the Ministry may
disclose information about the applicant as a licensed manufacturer or distributor
.

(3) The particulars of an application for a license for a manufacturer or distributor
rings and other brands is also proof of payment of the fee by
another legal regulation 11b).

(4) The decision to license producers or distributors of rings and other brands contain
addition to the requirements under other legislation ^ 11)
distributor's registration number, types and parameters of rings and other brands, which the Ministry
approved.

(5) The manufacturer or distributor with a license are required to keep a register
produced or distributed brands, which also includes
identification of the person who was assigned to the brand. Data from the registry
manufacturer or distributor with a license shall be made available to the Ministry and
inspection. Fulfilling the duties established producers and distributors
rings and other brands in its decision to license through inspection.

(6) The Ministry may decide to revoke the license or change a license
if the manufacturer or distributor violates this law or regulation
trade in endangered species ^ 9) or obligations arising out
license or if there is a change in the legislation on the labeling of specimens.
Ministry withdraw the license also in case if requested her
holder.

(7) The Ministry shall keep a register of producers and distributors with brands and licenses

This registry accessible to the public.

(8) The content and method of keeping the register manufactured or distributed
rings and other marks referred to in paragraph 5 and the content of written information
pursuant to paragraph 2. b) The Ministry sets
implementing legal regulation.

32a) of Chapter XVI of Commission Regulation (EC) no. 865/2006. ".

24th § 24 including the title and footnotes. 32b and 32c reads:

"Proof of origin

§ 24

(1) Whoever holds, breeds, grows, transports, publicly exhibits, sells, exchanges
, offering for sale or exchange or processed
specimen, another individual, a cetacean, seal product or | || regulated pelt is obliged to challenge inspections or customs authorities
confirm their origin. Without this proof of origin is prohibited
specimen, another individual, a cetacean, seal product or regulated pelt
keep, breed, cultivate, transport,
publicly display, sell, exchange, offer for sale or
exchange or process.

(2) Any person who acquires for business purposes, for publicly exposing
business purposes, uses for commercial gain and sale, held for the purpose
sales, offers for sale, sells or transports or moves behind || | sale of specimens, cetacean product, seal product or regulated pelt
under this Act shall be required to keep written records
and allow inspection of their control pursuant to § 30. Particulars
these records and how they Ministry provides leadership
implementing legislation.

(3) The purchase, sale, donation, exchange or other transfer of ownership (
hereinafter referred to as "transfer"), loan or lease specimen, another individual,
cetacean product, seal product, and regulated pelts are
possible only with written proof of the original owner or long-term holder or holders
such as a receipt or invoice seller,
rental agreement, loan agreement, exchange contract, gift
contract, which in paper form and on which it is listed
identify the original owner, date, signature, marking and details of
origin of these specimens, other individuals, products or fur.
Origin to prove the particulars and documents certifying acquisition of the specimen by
requirements of the regulation on trade in endangered species ^ 9) and this
law, in particular specifying when and where the specimen was taken from the wild, or
whether, when and where he was born in captivity or artificially propagated, or
when, from which country and under what CITES documents
specimen was imported.

(4) The owner or long-term holder of an imported specimen, other
individual, cetacean product, seal product or regulated pelt
is obliged to transfer ownership rights to copy, loan or lease
specimens pass new the original holder of the relevant document or CITES
similar import document, if
regulation on trade in endangered species ^ 9) or this Act require these documents
.

(5) If a CITES import document issued for more specimens and when
transfer results in their division, regional office holders shall, on the basis of a written request
appropriate number of numbered and certified copies of documents
CITES ^ 32b). Thus officially endorsed copy of the true one for each
copy only serves as proof for permission to import specimens and
not replace other documents under this Act and Regulation in
trade in endangered species ^ 9). The holder of a written request for confirmation
enclosing the original document relevant CITES import.
Unless the regulation of trade in endangered species ^ 9)
otherwise, removes the original regional office of the relevant document CITES
imports, which sends a copy to the Ministry and its stores.

(6) The documents referred to in paragraphs 3-5 the owner or long-term holder
or holder of a specimen, another individual, a cetacean product, a product of
seals and regulated furs kept for possible inspection throughout the period
possession of such an individual. The original holder is required to keep copies of these documents
least 24 months from the date of transfer or throughout
borrow or rent and allow their control pursuant to § 30 of this Act
.

(7) Who breeds a specimen listed in Annex A or B to Council Regulation (EC) No.
. 338/972), is required to keep records of its breeding and allow their inspection by
§ 30.


(8) The obligation under paragraph 7 does not apply to zoos,
licensed under another legal regulation 32c).

(9) The Ministry stipulates the list of species
specimens or other individuals of cetacean products, seal products and regulated pelts
, which are not required
obligations under paragraphs 2 and 4 to 7. The Ministry stipulates the requirements
proofs of origin specimens, other individuals, or
fur products referred to in paragraph 3, the pattern CITES certified copies of the document and the way
its acknowledgment pursuant to paragraph 5, details and format of the records
according to paragraph 7, the method of their leadership, the period of compulsory storage and the way
how to implement records the minutes of the checks carried out.

32b) Article. 51 Commission Regulation (EC) no. 865/2006.

32c of the Act no. 162/2003 Coll., On conditions for the operation of zoos
and amending some laws (Act on Zoological Gardens), as amended
. ".

25th In § 25 par. 1 point. g) the words "outside the territory of national parks and protected areas
" are deleted.

26th In § 25 par. 1, comma at the end of letter g) is replaced by a dot, and
letter h) shall be deleted.

27th In § 25 paragraph 2 reads:

"(2) The Ministry

A) fulfills the function of Executive authority with primary responsibility, ensure contact with
Commission, the Secretariat of the Convention ^ 1) and the Parties to the Convention and
methodically manages and coordinates other executive bodies

B) appoint representatives to advisory groups and committees of the Commission
established on the basis of the regulation on trade in endangered species
^ 9)

C) grant import and export permits and re-export certificate
need to move specimens, confirming that the specimen was
obtained lawfully in the Czech Republic for export from another Member State of the European Communities
authorizes simplified procedures concerning
certain trade in biological samples ^ 22a)

D) issues licenses for processors and packers caviar and approves the way
labeling of containers of caviar,

E) grants a traveling exhibition certificates and sample collection ^ 11)
including where such confirmation also serves as
exemption from the prohibition of commercial activities for the sole purpose of public display
specimens grants personal ownership certificates 20d ^)

F) other documents issued by the Convention ^ 1) and
under European Community on the protection of endangered species ^ 2), unless their issue
entrusted by this Act other authorities

G) exempts from the prohibition of hunting for cetaceans according to § 20 para. 2
decisions in the cases provided for in § 18 and 19 or decides on other matters stipulated
regulation on trade in endangered species
^ 9)

H) register scientists and scientific institutions ^ 22) and traders ^ 21)
artificially propagated specimens of plant species

I) arrange registration with the Secretariat of the Convention ^ 1) pursuant to § 29

J) permits or authorizes rescue centers, covers the costs of care
seized and confiscated specimens including related operating costs
, and coordinates the activities of rescue centers,

K) issuing certificates of origin of confiscated specimens

L) find out facts concerning regulation of commercial activities by
regulation on trade in endangered species ^ 35)

M) ensure issuance of forms for all permits, certificates, notices
imports, applications and other forms, except
phytosanitary certificate in accordance with § 17, whose designs defined the
regulation, or specimens establishes the right of European
Community on protection of endangered species ^ 2)

N) provides additional tasks under the directly applicable European Community
^ 34)

O) keeps records under § 3 para. 8, § 15b paragraph. 4, § 15c paragraph. 2
registers under § 16a and manage a central database of CITES documents and database
detained and confiscated specimens according to § 35 paragraph. 1 and 4

P) grants a license to produce and distribute rings and tags and decides on its
withdrawal or amendment, maintains a register of producers and distributors of rings and
brands, which have been granted a license, and make it available to the public,

Q) changes or cancels decisions issued under the Regulation in
trade in endangered species ^ 9) and § 38a


R) publishes required information related to the transfer of the specimen. ".

28th In § 25 paragraph 4 reads:

"(4) Inspection

A) monitor adherence to this law,

B) identifies the person in relation to the protection of endangered species
under this Act,

C) monitor compliance with a license granted by the Ministry under § 23d paragraph
. 1

D) imposes measures to ensure that the obligations arising from this
Act

E) imposes fines pursuant to § 34c and 34d

F) seize or confiscate specimens according to § 34 and 34a,

G) imposes measures to ensure that the obligations under Regulation
trade in endangered species ^ 9)

H) maintain records of persons found guilty of offenses or responsible
administrative offenses under this Act,

I) find out facts concerning the import and export of specimens, other
individuals, seal products or regulated pelts and regulation
business activities under European Community law on the protection of endangered species
^ 2) || |
J) cooperate with the customs authorities in checking whether a specimen
another individual, seal product or regulated pelt
correspond to those indicated in the relevant documents. ".

29th In § 25 par. 6 point. a) and § 25 par. 7 point. a) the words "(§ 42 paragraph
. 2)" are deleted.

30th In § 25 par. 6 point. c) and § 26 par. 5, the word "special"
replaced by the word "other".

31st In § 25 par. 6 letter d) including footnote no. 37a reads:

"D) under other laws-37a) and the directly applicable European Communities ^
37a) establish and monitor health conditions


First for organizing traveling exhibitions, if their subject
live specimens of animal species

Second for imports, exports from the Czech Republic, re-export and transit of live
specimens of animal species, and the handling of live specimens
species for trading

Third for the establishment and operation of rescue centers,

Fourth to handle live specimen or another individual
animal species during their detention or seizure pursuant to § 26 par. 5 or § 34.

37a) For example Act no. 166/1999 Coll., On veterinary care (
Veterinary Act), as amended, Act no. 246/1992 Coll., On
protect animals against cruelty, as amended by Council Regulation (EC) No.
. 1/2005 on the protection of animals during transport and related operations and
amending Directives 64/432 / EEC and 93/119 / EC, as amended by EC Regulation no.
1255/97 Commission Regulation (EC) No. 1739/2005 laying down
animal health requirements for movement of circus animals between Member States
. ".

32nd In § 25 paragraph 8 reads:

"(8) Regional authorities ensure the performance of the activities of the executive body of another
according to European Community law on the protection of endangered species ^ 2)
this Act by granting exemptions from the prohibition of commercial activities with
copy, including the current document authorizing the transfer
specimens according to § 15a paragraph. 3 and except in cases where an exemption issued by the Ministry
in the procedure for other documents under § 3 para. 3 and §
15b. Further ensure the registration of specimens according to § 23
and discovering facts concerning regulation of commercial activities in accordance with law
European Communities on the protection of endangered species ^ 35). Regional authorities
keep records of applicants for exemption from the prohibition of commercial activities and
issued certified copy of CITES-32b) pursuant to § 24 paragraph. 5. '.

33rd In § 25 par. 9, the words "county offices and the territory
national parks and protected areas, also administrations of national parks and
management of protected areas" are replaced by "
and regional authorities".

34th In § 26 par. 1, the text "31, 32" deleted.

35th In § 26 par. 3 point. b) the words "in cooperation" the words
's inspection and ".

36th In § 26 par. 3 point. c) the words "in cooperation" the words
's inspection and ".

37th In § 26 par. 5 of the second and fourth sentences with the words "§ 34"
be replaced with "§ 34a".

38th In § 26 par. 10, 'Customs authorities may conduct "shall be
words' customs authorities carried out".

39th In § 27 par. 2 point. a) the words "according to § 25 par. 2 point. h)
and coordinate the activities of these rescue centers "are deleted.


40th In § 27 par. 2 point. c) the words "according to § 23 para. 5"
replace the words "and expresses its opinion that the conditions for granting exemptions from the prohibition of commercial activities
".

41st In § 27 par. 2 letter d) and i) shall be deleted.

Existing letters e) to h) shall become letters d) to g) and
current point j) is denoted as Point h).

42nd In § 28, the words "point. h) "is replaced by" point. G)".

43rd Under § 29, the following new § 29a to 29d, which
including the title and footnote no. 43a added:

"Rescue centers

§ 29a

(1) A rescue center is a permanent facility in which they are reared or grown
seized or confiscated live specimens.

(2) The Ministry keeps a manner allowing remote access
publishes a list of rescue centers stating taxa of live specimens that may be
into rescue center.

§ 29b

(1) A rescue center may be operated only with the permission of the Ministry
. Based on the mandate of the Ministry may be
rescue center also operates a state organization; paragraphs 2-7
the delegation organizational state to operate a rescue center
apply mutatis mutandis.

(2) An application for a permit to operate a rescue center shall be submitted to the Ministry
legal or natural person who intends to operate a rescue center
.

(3) An application for a permit to operate a rescue center must contain

A) identification of the owner and the person of the applicant for a permit to operate a rescue center
if not identical with the applicant,

B) criminal record certifying the integrity of the applicant for a permit to operate
rescue center, if a natural person;
if the applicant is a legal person, the conditions of integrity at all
members of the statutory body of the applicant; a person of integrity is a person
who meets the conditions set out in § 6 par. 2 point. b) of the Act on
zoos

C) an affidavit of the applicant for a permit to operate a rescue center
that it will not, without the consent of the depositor of seized specimens and
provisional administrator of confiscated specimens provide information on these specimens
third parties

D) list of taxa of live specimens that the applicant for a permit to operate a rescue center
proposes to place the device,

E) a description of the facility and its capacity in terms of individual taxa or their groups
, how to put specimens in terms of health and appropriate
living conditions and measures to prevent evasion of the specimens

F) draft operating rules of the facility, which also includes contacts
responsible person to ensure acceptance and release of detained and confiscated specimens
, the number of professional staff and a way of ensuring regular
veterinary and phytosanitary | ||
G) the address where the rescue center operated.

(4) If an applicant for a permit to operate a rescue center
zoo licensed under other legislation ^ 29)
replaces the presentation of a valid license particulars of the application referred to in paragraph 3
point. a) and b).

(5) The Ministry in the procedure for issuing a permit to operate a rescue center
require the opinion of a scientific authority inspections and
binding opinion-43a) State Phytosanitary Administration or the State Veterinary Administration
Czech Republic.

(6) to the party for a permit to operate a rescue center is also
municipality on whose territory the rescue center
operated.

(7) A decision on a permit to operate a rescue center
contains a list of taxa that will be to the rescue center, determining
facility capacity and further obligations or conditions on which the permit is issued
.

§ 29c

Operator of the rescue center is obliged

A) keep specimens entrusted in conditions that ensure their
biological demands and requirements, their health and wellbeing, and ensure
entrusted to the care of the specimens professionally qualified individuals,

B) effectively prevent evasion entrusted specimens

C) effectively prevent the spread of parasites and diseases
using appropriate technical and anti action

D) keep written records entrusted specimens; Registry contains

Particular data on the health status of specimens, data on
veterinary examination and treatment, or information about disposal
dead specimens

E) submit to the request of the Inspectorate, ministries, health authorities
Administration, the phytosanitary authorities or customs authorities
written records of specimens,

F) submit to the request of the Ministry or Inspectorate bill
necessary care costs assigned to live specimens within 15 days from receipt of the written request
.

§ 29d

(1) The Ministry may suspend the operation of the preliminary injunction
rescue center in case they are seriously violated another
legislation on nature protection, protection of animals against cruelty, veterinary and phytosanitary
.

(2) The Ministry may on its own initiative or at the request of the operator
rescue center to change or cancel a permit to operate a rescue center
if they have changed or disappeared conditions under
which the permit was issued, particularly if
rescue center has ceased to perform its function or become redundant, or if the operator
rescue center violates the provisions of this Act or the regulations
protect animals against cruelty ^ 13). If necessary, the Ministry
decision to cancel or amend a permit to operate a rescue center
provides another way to provide care for live specimens that
rescue center are located.

(3) A permit to operate a rescue center shall expire if
been revoked or expired license for the zoo to rescue
center operated.

43a) § 149 of the Administrative Code. ".

44th A Title IX added: "The control of compliance of, SEIZURE AND CONFISCATION
".

45th In § 30 paragraph. 2 at the end of the text of letter c) the words "or her
send these copies without delay".

46th In § 30 paragraph. 2 at the end of subparagraph d) the word "and" is replaced
"or allowing the holder to carry out sampling for the presence
inspector himself or through a third party."

47th In § 30 at the end of paragraph 2 is replaced by a comma and a letter
f) is added:

"F) to verify the identity of the specimen or another individual by markings or identification
.".

48th In § 30 paragraph 3 reads:

"(3) The controls carried out is sourced report that contains a record of the actions taken by
inspections pursuant to paragraph 2. '.

49th In § 30 paragraph. 4, the words "in justifiable cases" shall be deleted.

50th In § 30 the following paragraphs 5 and 6, including footnote No.
. 43b added:

"(5) The tasks fulfilled by inspectors. Inspectors will demonstrate certificate of inspection
who is also proof of their authorization to perform the inspection
^ 43b).

(6) Inspection is entitled in cases of violation of this Act or
regulation of trade in endangered species ^ 9) impose restrictions
or stop the operation until the removal of the causes and weaknesses.
Inspections may prompt the operator means of distance communication to eliminate
advertisement that is in conflict with § 23b.

43b) of § 12 para. 2 point. a) Act no. 552/1991 Coll., on state control,
amended. ".

51st Under § 30 the government new § 30a is inserted:

"§ 30a

(1) A person who does not allow inspection control in accordance with § 30, fails to
explanation fails to submit the relevant documents, fails to submit the required data
tolerate inspection or removal of a specimen sample for specimens
another individual, seal product or regulated pelt can save
fine of up to CZK 200 000.

(2) The fine may be imposed repeatedly.
The total of these fines shall not exceed 2 000 000 CZK. Income from disciplinary fines
state budget revenue. ".

52nd § 31 and 32 are deleted.

53rd § 34 including the title reads:

"§ 34
Detention specimens


(1) If the inspection or customs authority
infringement of the European Community on the protection of endangered species or this Act, or if they have
those authorities have reasonable doubts about the origin of the specimen, legal dealing
with him, authenticity or validity of the permit or certificate or whether
specimen belongs to a species or populations whose import, export, re-export
transit or business with them are limited or prohibited

Or prohibited their possession, holds the specimen.
Inspection or customs authority may detain specimen together with a portable device, in which the specimen is located
at the time of arrest. A person who is detained specimen,
it is obliged to inspect or customs authority issue. If not, it may be
specimen withdrawn.

(2) If the specimen is seized by the customs authority forthwith inform
inspection. Inspections seized transmit a live specimen of a rescue center. About
seizure of a live specimen and its transfer to a rescue center
inform the Inspectorate or customs authority competent authority of the Veterinary Administration
competent authority or phytosanitary care. In justified cases
seized specimen can be left in the care of its holder, who was with him after
detention period may not besides the necessary care without the consent of inspection
otherwise dispose of.

(3) The detention of specimens at the customs inspection authority or person that
specimen was seized, a written confirmation. The detention specimens inspection
inform the Ministry. If the inspection specimen is seized or detained
it takes over from the Customs Authority will start inspections within 30 days of detention
specimens proceedings for confiscation of a specimen, in the event that
not until then clarified doubts in paragraph 1.
in order to clarify the doubts, the customs authority or require the inspection
owner, long-term holder, holder or carrier specimens
submission of necessary documents, certificate, or judicial opinion
expert in the relevant field, or such a report obtains the themselves.
If the doubts prove to be unfounded, the competent authority shall
these specimens go back to their owner, the legitimate holder or
carrier, including all seized documents. ".

54th Under § 34 the following new § 34a and 34b, which including the title added:

"§ 34a


Specimens Seizure
(1) The Inspectorate shall confiscate illegally acquired, imported, exported, re-exported or held
specimen, specimen, which was not registered
according to § 23, or a specimen for which the origin was not proved in accordance with § 24 || | Law. Only in justified cases, and if it does not conflict with other legislation
, the inspection may refrain from confiscation. Similarly
Inspectorate shall proceed if the law had been infringed
European Community on the protection of endangered species ^ 2). The decision on confiscation issues
inspection within 90 days from the date of initiation of foreclosure.
In justified cases the Ministry this period commensurate with the requirements
investigation extended. The appeal against the seizure does not have suspensive effect
.

(2) In the case of postal or other consignment comprises specimens, with
which is restricted or prohibited by law dealing
European Community on the protection of endangered species or this Act, and the
reasonable suspicion that that law or the law of the European
Community on the protection of endangered species and the consignee writing
refuses to accept this shipment, detain the inspection or customs authority
specimen procedure in accordance with § 34. Following an inspection initiated proceedings
seizure with the last known owner of the consignment.

(3) confiscated specimen shall be also a specimen which was confiscated
violation of the Convention on the territory of another State, which was sent by the Office of the State
Ministry in accordance with the Convention. The confiscated specimens can not be undone
person they were confiscated, even indirectly. If the
returning specimens in contravention of this provision, it re-inspection
entertained.

(4) A person to whom the specimen was seized and that his actions violated
European Community law on the protection of endangered species or this Act
bear the costs associated with the care of a seized specimen until
final decision on confiscation thereof or return. Inspection costs
measured on the basis of data provided by the rescue center where the specimen was placed
, and the decision to impose the payment of a person who has been detained
specimen. This reimbursement income of the State Fund
environment.

(5) Costs associated with seizure and further dealing with the specimen,
borne by the administrative authority or they have to spend before the costs
quantify and collect pursuant to paragraph 4, shall be borne by the Ministry.

(6) The decision on confiscation of the specimen will send inspection within 10 days from the date of

Decision comes into force Ministry. At the same time
Inspectorate shall inform the Ministry about where the specimen is the day of coming into force of this decision
located.

(7) The owner of a specimen confiscated on the basis of a final decision
becomes a state, the management of this specimen belongs
Ministry. The Ministry within 3 months from the date of coming into force of the decision on confiscation
determine how the specimen will be further treated,
and may transfer the right to manage the specimen to another
state organizational unit or legal person justified | || cases can transfer the specimen into possession of an appropriate person.

(8) In the case of loans more than 90 days, rental, sale or other transfer
confiscated specimen, which became state property by
paragraph 7, the Ministry shall issue the borrower, renter or transferee confirm the new
the origin of the confiscated specimen on a form whose
requirements stipulated by the Ministry in an implementing regulation.

§ 34b

The provisions on seizure and confiscation of specimens shall apply mutatis mutandis to the detention or seizure
regulated pelt or a seal product
another individual. ".

55th In the first, his head following Title IX, X, which
including headings and footnotes Nos. 50 and 51 reads:

"TITLE X


ADMINISTRATIVE OFFENCES
§ 34c
Offences


(1) A person who commits an offense that

A) in contravention of this Act or the regulations on trade in endangered species
^ 9) uses false, forged, falsified or invalid permit or certificate
,

B) contrary to the regulation of trade in endangered species ^ 27)
to the competent authority of the import notification specimens

C) as an applicant contrary to the Regulation on trade in endangered species
^ 50) fails to inform the competent authority to whom the request is served
, the previous rejection of his application for a permit or certificate under this Act
or regulation of trade in endangered species
,

D) fails to comply with the condition set out in the permit or certificate required by
regulations on trade in endangered species ^ 9) or by
law or in the registration certificate,

E) holding gains, donates, sells or offers for sale
registration certificate or certificate of exemption from the prohibition of commercial activities which do not physically exist
specimen,

F) sells or offers for sale a specimen contrary to § 23b paragraph.
1 to 3, or as the operator of the place or the means of distance communication,
through the offer for sale or sell the specimen,
does not provide mandatory information disclosure according to § 23b paragraph. 4

G) as operator of means of distance communication does not remove ad
according to § 23b paragraph. 4, or

H) in cases specified by § 24 par. 7 keeps track of breeding
specimens.

(2) A natural person commits an offense that

A) as an owner or long-term holder of an imported specimen, other
individual, cetacean product, seal product or regulated pelt
in conflict with § 24 para. 4 does not pass at the transfer of ownership of the specimens
, lending or renting specimens of the new owner or holder
respective original CITES document or a similar import document required
regulations on trade in endangered species ^ 9) or
this Act,

B) a person for whom a specimen, another individual, a cetacean product,
seal product or regulated pelt, detained or confiscated and
left in the care of this specimen, another individual, a product of || | cetacean, seal product, regulated pelt improperly handled

C) manages specimen of a species threatened directly with extinction in conflict with
import permit or other authorization granted under this Act or by regulation
trade in endangered species ^ 9)

D) uses a permit or certificate issued under Regulation in
trade in endangered species ^ 9) or a registration certificate for another
specimen, another individual, a seal product or regulated pelt
than the one for which this document was issued,

E) as an applicant intentionally provides false statement or false
or incomplete information in order to obtain a permit, certificate or
proof of registration under this Act or the regulations in the field

Trade in endangered species ^ 9)

F) imports a regulated fur or carries out its transit contrary to
directly applicable European Communities ^ 7)

G) exports another individual without a permit in contravention of § 18 par. 1

H) imports a seal product or carries out its transit contrary to § 19

I) exports artificially propagated specimens of plant species in conflict with
regulation of trade in endangered species ^ 44) or § 17 or

J) as an owner or long-term holder of the specimen within
it logs on to the registration according to § 23, fail to report changes regarding
specimens or changing the specimen under § 23a, does not ensure that the specimen was always accompanied
your registration certificate or other documents
set out in § 23 para. 2, or does not mark the specimen under § 23c.

(3) A natural person commits an offense that

A) imports, exports or re-exports a specimen to the Czech Republic or the Czech Republic or
arrange import of the specimen or a specimen
otherwise dealt with in contravention of this Act or the regulations in
trade in endangered species ^ 9)

B) send a specimen to the Czech Republic or sent from the Czech Republic and
done their transit through the territory of the Czech Republic in contravention of this Act or the regulations
trade in endangered species ^ 9)

C) purchases, offers to purchase, sell, keep for sale,
offering for sale or transporting for sale of specimens in contravention of this Act or the regulations
trade in endangered species ^ 9)

D) falsifies the registration certificate or amend its contents, so it was used as
right, or used as a registration certificate for the right purpose
sale or obtaining a permit, certificate or registration certificate,

E) violates the cetacean hunting ban established in § 20 para. 1, or

F) in the cases specified in § 24 does not prove the legal origin of specimens
or legal origin of another individual, to which this Act applies,
or origin of a regulated pelt or seal product.

(4) The offenses can be fined up to

A) 100,000 CZK, in the case of an offense under paragraph 1

B) 500,000 CZK, in the case of an offense under paragraph 2

C) 1,500,000 CZK, in the case of an offense under paragraph 3.

§ 34d

Administrative offenses of legal entities and individuals

(1) A legal or natural person commits an administrative offense
that

A) in contravention of this Act or the regulations on trade in endangered species
^ 9) uses false, forged, falsified or invalid permit or certificate
,

B) contrary to the regulation of trade in endangered species ^ 27)
to the competent authority of the import notification specimens

C) as an applicant contrary to the Regulation on trade in endangered species
^ 50) fails to inform the competent authority to whom the request is served
, the previous rejection of his application for a permit or certificate under this Act
or regulation of trade in endangered species
,

D) fails to comply with the condition set out in the permit or certificate required by
regulations on trade in endangered species ^ 9) or by
law or in the registration certificate,

E) holding gains, donates, sells or offers for sale
registration certificate or certificate of exemption from the prohibition of commercial activities which do not physically exist
specimen,

F) sells or offers for sale a specimen contrary to § 23b paragraph.
1 to 3, or as the operator of the place or the means of distance communication,
through the offer for sale or sell the specimen,
does not provide mandatory information disclosure according to § 23b paragraph. 4

G) as operator of means of distance communication does not remove ad
according to § 23b paragraph. 4, or

H) in cases specified by § 24 para. 2 and 7 does not store
records or records of breeding specimens.

(2) A legal or natural person commits an administrative offense
that

A) as an owner or long-term holder of an imported specimen, other
individual, cetacean product, seal product or regulated pelt
in conflict with § 24 para. 4 does not pass at the transfer of ownership of the specimens
, lending or renting specimens of the new owner or holder
respective original CITES document or a similar import document

Required by the regulations on trade in endangered species ^ 9) or
this Act,

B) a person for whom a specimen, another individual, a cetacean product,
seal product or regulated pelt, detained or confiscated and
left in the care of this specimen, another individual, a product of || | cetacean, seal product, regulated pelt improperly handled

C) manages specimen of a species threatened directly with extinction in conflict with
import permit or other authorization granted under this Act or by regulation
trade in endangered species ^ 9)

D) uses a permit or certificate issued under Regulation in
trade in endangered species ^ 9) or a registration certificate for another
specimen, another individual, a seal product or regulated pelt
than the one for which this document was issued,

E) as an applicant provides false statement or false or incomplete information
for the purpose of obtaining a permit, certificate or certificate of registration
under this Act or by regulation in
trade in endangered species ^ 9)

F) imports a regulated fur or carries out its transit contrary to
directly applicable European Communities ^ 7)

G) exports another individual without a permit in contravention of § 18 par. 1

H) imports a seal product or carries out its transit contrary to § 19

I) exports artificially propagated specimens of plant species in conflict with
regulation of trade in endangered species ^ 44) or § 17 or

J) as an owner or long-term holder of the specimen within
it logs on to the registration according to § 23, fail to report changes regarding
specimens or changing the specimen under § 23a, does not ensure that the specimen was always accompanied
your registration certificate or other documents
set out in § 23 para. 2, or does not mark the specimen under § 23c.

(3) A legal or natural person commits an administrative offense
that

A) imports, exports or re-exports a specimen to the Czech Republic or the Czech Republic or
arrange import of the specimen or a specimen
otherwise dealt with in contravention of this Act or the regulations in
trade in endangered species ^ 9)

B) send a specimen to the Czech Republic or sent from the Czech Republic and
done their transit through the territory of the Czech Republic in contravention of this Act or the regulations
trade in endangered species ^ 9)

C) processed, packaged or repackages the caviar without a license or marks
container of caviar inconsistent with the regulation on trade in endangered species
^ 22d) or traded caviar in contravention of this Act or
Regulation of trade in endangered species,

D) falsifies the registration certificate or illegally altering its contents or
uses counterfeit or altered registration certificate as a true
when selling or acquiring a permit, certificate or registration certificate,

E) purchases, offers to purchase, acquires for commercial purposes, publicly
issued for business purposes, arrange a sale,
used for commercial gain and sale, sells, keeps for sale, offering for
sale or transporting for sale of specimens in contravention of
regulations on trade in endangered species or this Act,

F) violates the cetacean hunting ban established in § 20 para. 1, or

G) in the cases specified in § 24 does not prove the legal origin of specimens
or legal origin of another individual, to which this Act applies,
or origin of a regulated pelt or seal product.

(4) An administrative offenses of a legal person shall be fined in the amount

A) 100 000 CZK, for an administrative offense under paragraph 1

B) 500,000 CZK, for an administrative offense under paragraph 2

C) 1,500,000 CZK, for an administrative offense under paragraph 3.

§ 34e

Joint provisions on administrative offenses

(1) A legal person for an administrative delict if it proves that
made every effort that could be required to prevent a breach of the obligation
.

(2) In assessing the fine legal person takes into account

A) the manner and circumstances of committing an administrative offense, the importance and
scope of its consequences, the duration of the infringement or
illegal state caused by an administrative offense,

B) as to whether and how the offender has endeavored to eliminate or mitigate

Harmful consequences of an administrative offense,

C) to assist the offender to the competent authorities in clarifying
administrative offense he committed,

D) whether the culprit met duly and timely obligation imposed on him to
remove deficiencies or to implement corrective measures.

(3) The liability of a legal person for an administrative tort shall expire if
administrative authority has initiated proceedings within 1 year of the date when it became
but no later than 3 years after the date on which it was committed .

(4) Administrative offenses under § 34c and 34d In the first instance
inspection.

(5) The liability for conduct that occurred in the business of a natural person
^ 51) or in direct connection therewith, shall be subject to the provisions of this
Act on liability and sanctions to legal persons.

(6) The penalty under § 34c and 34d is due within 30 days of the date of legal
when the decision was imposed. Income of the State Environmental Fund
environment ^ 45). She selects her body, which has imposed and enforced by the customs office.

50) Art. 6 paragraph. 3 of Council Regulation (EC) no. 338/97.

51) § 2 para. 2 of Act no. 513/1991 Coll., The Commercial Code, as amended
Act no. 85/2004 Coll. ".

Title X and XI are known as Title XI and XII.

56th In § 35 paragraph 1 reads:

"(1) The Ministry keeps records of applicants for import, export or re-export
specimens and other documents, which the Ministry issued by
this Act, and other records and registration under this Act.
Ministry maintains and manages a central database of permits, certificates, and
registration certificates issued by the Ministry or regional authorities
import, export, re-export or other handling of specimens, and a database
received documents of foreign states and of issued certificates
for the purposes of proving legal import. The Ministry maintains and manages the database of
copies seized and confiscated inspections according to § 34 paragraph.
Fifth database containing all data necessary for processing the reports referred to in paragraph 2
and data proving the identity of the exporter and importer.
Records of applicants for export, re-export and import specimens, including file
material applications and other records and registration under this Act
archived for a period of 5 years from the submission of the application, other databases are maintained in electronic
form for at least 10 years under other legislation
^ 52). ".

57th In § 35 paragraph 4 reads:

"(4) The authorities issuing exemptions from the prohibition of commercial activities by
§ 15a and performing registration of specimens according to § 23, filed by
special legal regulations 52) copies of the documents in paper form
or data from them in electronic form for at least 5 years after
death, permanent export from the Czech Republic or destruction of the specimen. Data on
issued a certificate of exemption from the prohibition of commercial activities and
registration lists sent to the issuing authorities
electronically to a central database of the Ministry pursuant to paragraph 1. ".

'58. In § 35 para. 5, 'the competent authorities to the extent necessary to provide
"is replaced by" competent authorities provide the necessary
scale. "

59th In § 35 para. 6 after the word "Ministry," the words "
regional authorities".

60th Under § 35 the following § 35a, which, including footnotes
54a to 54c reads:

"§ 35a

(1) Ministry of Interior Ministry provides for enforcement
responsibilities under this Act from records information system
population-54a) data on the population, and in electronic form
manner allowing for remote access; resident shall mean a natural person by
special legislation 54b).

(2) The data provided pursuant to paragraph 1

A) the name or names, surname, maiden name,

B) date of birth,

C) address of permanent residence for citizens of the Czech Republic-54c)
appropriate type and address of residence of foreigners,

D) deprivation or restriction of legal capacity,

E) the date and place of death; in the case of deaths outside the Czech Republic,
provide the date of death and the state on whose territory the death occurred

F) a day, which was in the court decision on declaration of death listed as day
death.

(3) The Ministry may provide the data obtained further inspection.
From the data provided can be used in a particular case only such
data that are necessary to fulfill the task.


54a) Act no. 133/2000 Coll., On register of population and birth certificate numbers and
amending certain laws, as amended.

54b) of § 1 of Act no. 133/2000 Coll.

54c) Act no. 40/1993 Coll., On the acquisition and loss of citizenship
Czech Republic, as amended. ".

61st In § 37 par. 3, after the words "CITES document (§ 21 para. 1)" shall be inserted
words "certified copy of the CITES document issued by the regional office-32b)
according to § 24 paragraph. 5," a text "10, § 34" is replaced by "8, § 34a".

62nd In § 38 par. 3, the text "10 and § 34" is replaced by "8 and § 34a" and
at the end of the text of paragraph 3, the words "or
date of completion of the application of the requisites or,
case of confirmation of the origin of confiscated specimens from the date of transfer of the specimen from the Ministry
to another borrower, tenant or a new buyer. "

63rd Under § 38 the following § 38a, including the heading and footnotes
line no. 58a reads:

"§ 38a

Changes and cancellation decision

Decision issued pursuant to Regulations on trade in endangered species
^ 9) and this Act, the Ministry may change or cancel if

A) the decision was issued based on false assumptions that
conditions for its issuance were met ^ 58a)

B) a change of the facts relevant to the issuance of such
decision

C) justified the decision meets the conditions or obligations laid down in it
or

D) the activity carried out on the basis of the decision violated
provisions of this Act or of European Community law on the protection of endangered species
or substantial damage
other legitimate interests in protecting endangered species.

58a) Art. 11 paragraph. 2 point. a) of Council Regulation (EC) no. 338/97. '.

64th In § 39, the word "special" is replaced by "other".

65th § 42 including the title reads:

"§ 42

Authorization to issue implementing legislation

Ministry will issue a decree to implement § 3 para. 7 and 9, § 15a paragraph. 4
§ 15c paragraph. 3, § 17, § 18 par. 1, § 23 para. 3, 8 and 9, § 23a paragraph. 6
§ 23b Sec. 5, § 23c paragraph. 5, § 23d par. 8, § 24 para. 2 and 9, § 25 paragraph
. 2 point. m) and § 34a paragraph. 7. ".

66th In § 45, the existing text becomes paragraph 1 and the following
paragraph 2, which reads:

"(2) The provisions of § 35a expires expiry on June 30
2010th".

67th The Annex shall become Annex no. 1 and reads:

"Annex no. 1 to the Act no. 100/2004 Coll.

Seal products under § 1 par. 2 point. b)

First Raw furskins and tanned or dressed, including fur
skins assembled in plates, crosses and similar forms of

A) of harp seals (Pagophilus groenlandicus)

B) hooded (Cystophora cristata)

C) South African fur seals (Arctocephalus pusillus).

Second And parts thereof from furs mentioned in paragraph 1. ".

68th After Annex no. 1 supplementing the Annex no. 2, which reads:

"Annex no. 2 to the Act no. 100/2004 Coll.

List of species other than species directly threatened with extinction on the
specimens subject to registration

Registration requirement under § 23 para. 1 point. b)
Act applies also to the following species other than species directly threatened with extinction:

A) live specimens of the following species of mammals: Elephantidae spp. (
All kinds of family slonovitých) Felidae spp. (All kinds of families
felines except domesticated forms of "domestic cat")
Primates spp. (All species of the order Primates) Rhinocerotidae spp. (
All kinds of families rhinoceros)

B) specimens of the following species of birds: Aquila nipalensis (
ocher eagle) Aquila rapax (steppe eagle). ".

Art. II
Transitional provisions


First Rescue centers set up until the effective date of this Act shall be deemed
rescue centers authorized or permitted by the Act no. 100/2004
Coll., As amended, effective from the date of entry into force.

Second Administrative proceedings under the Act no. 100/2004 Coll., As amended
effective on the effective date of this Act, the administration launched a national park or
managing the protected area and finally still open before the entry into force of this Act
finishes Regional Office.

Art. III

Authorization to publication of the full text of the Act


Prime Minister is authorized to make in the Collection of Laws the full wording
Act no. 100/2004 Coll., On the protection of species of wild fauna and flora
regulating trade with them and other measures
to protect these species and amending certain acts (
trade in endangered species), as follows from amended.
PART TWO


Amendment to the Act on Administrative Fees

Art. IV

Annex to Act no. 634/2004 Coll., On administrative fees, as amended
Act no. 217/2005 Coll., Act no. 228/2005 Coll., Act no. 357/2005 Coll.
Act no. 361/2005 Coll., Act no. 444/2005 Coll., Act no. 545/2005 Coll.
Act no. 553/2005 Coll., Act no. 48/2006 Coll. Act no. 56/2006 Coll.
Act no. 57/2006 Coll., Act no. 81/2006 Coll., Act no. 109/2006 Coll.
Act no. 112/2006 Coll ., Act no. 130/2006 Coll., Act no. 136/2006 Coll.
Act no. 138/2006 Coll., Act no. 161/2006 Coll., Act no. 179/2006 Coll.
Act no. 186/2006 Coll., Act no. 215/2006 Coll., Act no. 226/2006 Coll.
Act no. 227/2006 Coll., Act no. 235/2006 Coll. Act no. 312/2006 Coll.
Act no. 575/2006 Coll., Act no. 106/2007 Coll., Act no. 261/2007 Coll.
Act no. 269/2007 Coll ., Act no. 374/2007 Coll., Act no. 379/2007 Coll.
Act no. 38/2008 Coll., Act no. 130/2008 Coll., Act no. 140/2008 Coll.
182/2008 Coll., Act no. 189/2008 Coll., Act no. 230/2008 Coll., Act no. 239/2008 Coll
., Act no. 254/2008 Coll., Act No. . 296/2008 Coll., Act no. 297/2008 Coll
., Act no. 301/2008 Coll., Act no. 309/2008 Coll., Act no. 312/2008 Coll
., Act no. 382/2008 Coll., Act no. 9/2009 Coll., Act no. 41/2009 Coll
. and Act no. 141/2009 Coll., is amended as follows:

First Under point 15 d) including footnote no. 12 is deleted.

Existing letters e) to g) shall be designated Letters d) through f).

Second Item 61 including footnotes Nos. 38a to 38d reads:

"Item 61

First Receipt of

A) issuing a license to operate a zoological garden
^ 38a) CZK 10,000

B) issuing a license for processing, packing or repacking
caviar sturgeon-38b) CZK 10,000

C) issuing a license for a manufacturer or distributor
tags for marking specimens of species of wildlife
^ 38b) CZK 1,000

D) authorization to export, import or transfer
specimens of species of wild fauna
, flora, products or
seal pelts of animals and other
goods produced from pelts of animals on
covered by the import restrictions ^ 38b) CZK 1,000

E) the issuance of export permits for specially protected animal or plant
^ 38b) CZK 1,000

F) issuing a traveling exhibition certificate-38c) at
1-10 specimens of species of wildlife
or flora-38b) CZK 1,000

G) edition of the traveling exhibition on
more than 10 specimens of the species of wildlife
or flora-38b) CZK 2,000

H) issuing exemption from the prohibition of commercial activities
1 to 20 specimens of the species of wild
fauna or flora-38b) CZK 100 for each specimen


I) issuing exemption from the prohibition of commercial activities
to more than 20 species of wild specimens
fauna or flora-38b) CZK 2,000

Second Issue

A) a numbered ring to prescribed indications bird
which is a specimen-38b) CZK 20

B) tags for marking specimens of species of wild fauna
^ 38b) CZK 20

C) certified photocopies of copies for the holder of an import permit
^ 38d) CZK 30
Exemption


First Since the fee under point 1. d), e), h) and i) of this item is exempt
receipt of an application for a permit to export or import
specimens having personal or household effects, including hunting trophies
from animals hunted personally exporter or importer.

Second Since the fee under point 1. d), e), h) and i) of this item is exempt
receipt of an application for a permit to export or import or
on the issue of exemption from the prohibition of commercial activities for the specimens identified in
rescue breeding or for scientific or educational purposes, for specimens
intended for breeding or growing purposes under the rescue program and
for specimens from breeding or intended for breeding or

Collections of zoological and botanical gardens, workplaces universities
Czech Academy of Sciences and other scientific institutes registered
Ministry of Environment.

Third Since the fee under point 1. d), e), h) and i) of this item is exempt
receipt of an application for a permit to export or import
herbarium, the museum, dried or otherwise preserved specimens and
live plants for the purpose of non-commercial loan, donation
or exchange between scientists, scientific institutions registered in the list maintained by the Ministry of environment
.

Fourth Since the fee pursuant to paragraph 2. a) and b) of this item is exempt
release ring or other signs of specimens intended to rescue
breeding or for scientific or educational purposes, for specimens
intended for breeding or growing purposes under the rescue program and | || specimens originating from or destined for breeding or
collections of zoological and botanical gardens, workplaces universities, the Academy of Sciences
Czech Republic and other scientific institutes registered
Ministry of environment.

Fifth Since the fee under point 1. d), e), h) and i) of this item is exempt
receipt of an application for a permit to export or import
live specimen, with whom the owner is traveling for less than 3 months and
specimen remains for journey in his possession.

38a) Act no. 162/2003 Coll., On conditions for the operation of zoological
gardens and amending some laws (Act on Zoological Gardens),
amended.

38b) Act no. 100/2004 Coll., On the protection of species of wild fauna and flora
regulating trade with them and other
measures to protect these species and amendments to some laws (Act on || | trade in Endangered species), as amended.

38c) Article. 1 point 6 of Commission Regulation (EC) no. 865/2006 dated May 4, 2006
detailed rules for implementing Council Regulation (EC) no. 338/97 on the protection of species
wild fauna and flora by regulating
trade with these species.

38d) Article. 51 Commission Regulation (EC) no. 865/2006. ".
PART THREE


Change Offences Act

Art. In

In § 85 of Act no. 200/1990 Coll., On misdemeanors, as amended by Act no. 67/1993 Coll
. and Act no. 320/2002 Coll., paragraph 2, including footnotes
fn. 3 reads:

"(2) The bodies authorized to impose and collect fines in the management of collecting the penalty
blocks from the relevant tax authority, if it follows
revenues from fines in the relevant state budget or the budget allocated
under a special legal prescription-3a) and the respective regional office
, if it follows the revenue from fines to the budget or the municipal budget.

3) For example, § 2 para. 1 point. g) of the Act no. 388/1991 Coll., § 88a of Act No.
. 114/1992 Coll., § 34e paragraph. 6 of Act no. 100/2004 Coll. ".
PART FOUR


Amendment to the Act on the State Environmental Fund of the Czech Republic

Art. VI

In § 2 para. 3 of the Act no. 388/1991 Coll., On State Environment Fund
of the Czech Republic, at the end of the text of the first sentence the words
"; It does not apply to fines imposed in the block management-7a). "

Footnote. 7a reads:

"7a) § 84-86 of the Act no. 200/1990 Coll., On offenses.".

Existing footnote no. 7 is referred to as a footnote
no. 7b, including reference to this footnote.
PART FIVE



EFFICIENCY
Art. VII

This Act comes into force on 1 January 2010.
Vlcek vr

Klaus vr


Fischer vr