Amendment Of The Act On Foreign Trade With Military Material

Original Language Title: změna zákona o zahraničním obchodu s vojenským materiálem

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248/2011 Sb.



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of 20 December. July 2011,



amending Act No 38/1994, on foreign trade with military

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

business (Trade Act), as amended by later regulations, and act

No. 140/1961 Coll., the criminal code, as amended by later regulations, as amended by

amended



Parliament has passed the following Act of the United States:



Article. (I)



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

additions to law No. 455/1991 Coll., on trades

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

140/1961 Coll., the criminal code, as amended by later regulations, as amended by

Act No. 312/2002 Coll., Act No. 357/2004 Coll., Act No. 413/2005 Coll.

Act No. 296/2007 Coll., Act No. 124/2008 Coll., Act No. 41/2009, Coll.,

Act No. 220/2009 Coll. and Act No. 227/2009 Coll., is amended as follows:



1. In article 2 (2). 1 (b). and) the words ", including exports to other

Member States of the European Union "shall be replaced by the words" other than a Member

State of the Union ".



2. In article 2 (2). 1 (b). (b)), the words "from abroad, including imports from the

other Member States of the European Union "shall be replaced by the words" from other than

the Member State of the European Union ".



3. In article 2 (2). 1 at the end of the text of subparagraph (c)), the words ", if

as for trade with military material in relation to non-member

States of the European Union ".



4. In section 2, at the end of paragraph 1, the period is replaced by a comma and the following

the letter d), which read as follows:



"(d)) transfer of military equipment within the European Union.".



5. In section 3, paragraph 3. 1 (b). (c)), the words "humanitarian assistance" shall be replaced by

the words "humanitarian or development aid.



6. In section 3, paragraph 3. 1 (b). (c)), after the words "including reverse imports,"

the words "or gift of the representatives of the other State".



7. In paragraph 6 (1). 1, after the words "(hereinafter referred to as" legal person ")"

the words "or individual entrepreneur in the cases provided for in this

the law (hereinafter referred to as "natural person") "and at the end of text in a paragraph, the

the words "shall be added; a permit is not required if the trade with

military material carried out the Department of Defense or the Ministry of

of the Interior, under the conditions laid down in section 12a ".



8. In article 7 (2). 1 introductory part of the provisions for the word "released" is inserted

the words "legal person".



9. in paragraph 7, the following paragraph 3 is added:



"(3) the authorisation may be issued to a natural person who is a citizen of the United

Republic, has permanent residence in the territory of the United States and meets the conditions of

referred to in paragraph 1 (b). (b)), points 1, 4, 5 and 6 and paragraph 1 (b). (c))

and (d)). ".



10. In paragraph 8 (b). (b)) after the word "legal", the words "or

the physical ".



11. In paragraph 8, the dot at the end of subparagraph (c)) is replaced by a comma and the following

the letter d), which read as follows:



"(d)) the implementation of the trade in military material is a natural person, that is

the authorisation holder. ".



12. in § 9 para. 1 (b). and the word ' seat) "is replaced by" address

registered office "and at the end of the text of the letter shall be added the words" or name,

where appropriate, the name, surname, address, place of business, the address of

permanent residence, and social security number in the event that the applicant for the permit is

a natural person ".



13. in § 9 para. 1 (b). (b)), the words "permanent residence" be replaced by

"the address of the place of residence".



14. in § 9 para. 1 (b). (d)), the words "legal person" shall be deleted.



15. in § 9 para. 1 (b). e), the words "and the requested period of validity

permit ' shall be deleted.



16. in § 9 para. 2 (a). (b)), the words "business register" shall be replaced by

the words "a trader or a similar register".



17. in § 9 para. 2 (a). (d)), after the words "If the power of Attorney is granted," the word

"and" is deleted and the text at the end of point (a) shall be supplemented with the words ", and physical

the person applying for the permit. "



18. in section 10, paragraph 1. 1 (b). and), after the words "legal persons"

the words "or the name or names, last name, place of business, a permanent

and social security number for natural persons "and the word" already "is deleted.



19. in section 10, paragraph 1. 1, point (e)) repealed.



Subparagraph (f)) is renumbered as paragraph (e)).



20. in section 10, paragraph 1. 2, after the word "Legal", the words "or

the physical ".



21. in section 11 (1) 2 the words "(a). (d)) "shall be replaced by" subparagraph (a). (c)) ".



22. in § 12 para. 2, after the word "business", the words "or other

like ".



23. section 12a is inserted:



"§ 12a



(1) trade with military material, consisting in the purchase or importation of

You may make on behalf of the United States Department of Defense or

The Ministry of the Interior, and to the extent the security performance of their tasks.



(2) the Ministry shall issue the Ministry of Defense or Ministry of Interior

instead of the license the license confirmation after submission



and an application for a license) a confirmation that contains



1. the organizational units of the State, its name and address,



2. the name or names, last names and social security numbers of the persons authorized for

The Department of Defense or the Ministry of the Interior Act,



3. the labelling of the concluded contract, which is a prerequisite for the implementation of the trade,



4. the name of the State from which the military is to be imported,



5. the name of the military, according to the military, its

quantity registration or serial numbers, if you have been allocated,



6. number or item or subitem of the combined nomenclature

customs tariff ^ 3a)



7. contract price per unit quantity of military goods in Eur and

total price in CZK



8. the estimated time, in which it will be possible to trade according to the concluded contract

take place,



9. other information related to a specific trade in military

material,



(b) the contracts to trade) with military material,



(c)) of the document of the final use of military equipment in accordance with § 15 para. 5.



(3) the license confirmation containing the information listed in paragraph 2 (a). a).“.



24. In § 13 para. 1 at the end of the text of subparagraph (a)) the following words "

the physical person's death ".



25. In § 13 para. 1 (b). (b)) after the word "legal", the words

"or physical".



26. in § 13 para. 1, point (c)) shall be deleted.



Subparagraph (d)) to (f)) shall become points (c) to (e)).)



27. in § 13 para. 1 (b). (c)) (2) after the word "legal"

the words "or individual".



28. in § 13 para. 1 (b). (d)), after the word "legal", the words

"or physical" and a comma at the end of point (a) is replaced by a dot.



29. in § 13 para. 1, point (e)) repealed.



30. In § 13 para. 2, after the words "legal persons", the words "or

the death of a natural person ".



31. in the heading of part III, the following marking head first, which including

Title:



"HEAD FIRST



THE LICENSE FOR IMPLEMENTATION OF FOREIGN TRADE WITH MILITARY MATERIAL. "



32. In § 14 para. 2 the words "§ 2 (2). 1 or 2 "shall be replaced by the words" § 2

paragraph. 1 (b). a) to (c)) or § 2 (2). 2. "



33. In article 14, paragraph 3 shall be deleted.



34. In article 14, paragraph 4 is deleted.



35. In article 15, paragraph 4 shall be deleted.



Paragraphs 5 to 7 shall become paragraphs 4 to 6.



36. In article 15, paragraph 2. 4 at the end of the text of the letter b), the words "; in

the case that this is a military equipment imported under license to

Second, the transfer of title to which it binds the export restrictions,

a declaration by the applicant that he has complied with the conditions set out in the export restrictions,

and the referenced document for the consent of the competent authority of the Member State

the origin of the military ".



37. In article 15, paragraph 2. 5 provisions of the introductory part, the words "paragraph 5"

replaced by the words "paragraph 4".



38. In article 16(1). 2, the third sentence shall be deleted.



39. In article 16, paragraph 4 shall be deleted.



The present paragraph 5 shall become paragraph 4.



40. In article 19, paragraph 1, the following paragraph 2 is added:



"(2) in the event that it is for the reasons referred to in paragraph 1 (b). (b))

necessary, it may, on a proposal of the Ministry the authority to suspend

drawing of the license for the period strictly necessary. The decomposition of the decision on the

suspension of license does not have suspensory effect. If the reasons no longer exist

in the first sentence, and if the reason for the procedure under paragraph 1,

on a proposal from the Ministry of the institution concerned of the decision on the suspension of pumping

cancels the licence. ".



The former paragraph 2 becomes paragraph 3.



41. In section 19 para. 3, after the words "in paragraph 1, the words" or "2" and

After the word "detention" shall be inserted the words "or suspension".



42. in paragraph 22 of the title is added to the second, including a title and notes

line no. 3 c:



"THE HEAD OF THE SECOND



LICENSE TO TRANSFER OF MILITARY EQUIPMENT WITHIN THE EUROPEAN UNION AND

CERTIFICATION



§ 22a



The definition of the



For the purpose of granting licenses for the transfer of military equipment within the

The European Union provided for in this title shall mean



and any movement of military) transfer of material from a supplier in

one Member State of the European Union (hereinafter referred to as "Member State") to

recipients in another Member State,



b) supplier of legal or natural person to whom the permit has been issued

and who is responsible for the transfer,



(c)) the recipient of the legal or natural person established in one of the

the Member States shall be responsible for the adoption of the transfer,



(d) license to transfer permission) the vendor to transfer military


material to a recipient in another Member State,



(e) a general vendor licenses) to carry out the transfer, if the

meets the conditions referred to in section 22b.



section 22b



General License



(1) legal or natural person to whom authorisation was granted is

authorized to make transfers, if



and is a part of) the recipient of the armed forces of a Member State, or

by the contracting authority, which carries out exclusively purchases for the armed forces

of a Member State,



(b)) the recipient is a legal or natural person certified pursuant to

the applicable law of a Member State, which incorporates the

Regulation of the European Union governing the simplification of the conditions of transfers

military material ^ 3 c),



(c) the transfer is made for) demonstration samples reviews

or exhibitions, or



(d) the transfer is made) for the purposes of maintenance or repair of the military

material.



(2) in the case where the general licence referred to in paragraph 1 (b). (b))

certified recipient violates the terms of certification, or could be

to prejudice public order, security or public protection,

the Ministry shall decide on the suspension of the transfer to the recipient. About

the decision taken by the Ministry shall inform the competent authorities of the other

the Member States and the European Commission.



(3) the general licence referred to in paragraph 1 (b). (c)) shall apply to the provision of

information, training, lectures or seminars, activities

related to the research, development, design, design work and

the production, in addition to the transfers of military equipment demonstrations,

presentations, exhibitions and trade fairs, testing, tests, účastích in

selection procedures and market research. General License does not authorize you to

contractor for sale, donation or subsequent re-export to countries outside the

The European Union. If it is not the subject of the transfer, demonstrations or

issue entirely consumed or otherwise disposed of, must be returned

on the territory of the Czech Republic.



(4) the general licence referred to in paragraph 1 (b). (d)) shall apply to the



and experts and) transfers of military equipment when

activities associated with the production, modification, installation, defektací,

repairs, maintenance, service, complaints, training and training of handlers,

use and control of military material,



(b) the transfer of military equipment), which is the subject of maintenance and repair to

execution of the contractually agreed activities. In the case of neopravitelnosti can be

replace the defective piece of military equipment for a new one, but the total number of

pieces of military equipment must be retained. The subject of the maintenance and repair of the

must return to the territory of the United States at the time, which is laid down in the

the contract with the recipient.



(5) a supplier who intends to export from the territory of the United States military

material on the basis of a general license, must, before undertaking a

the first transfer of register with the Ministry. To be notified in writing

the Ministry of



and General License) the type referred to in paragraph 1 (b). a) to (d)), which intends to

to take advantage of, and the time of its use,



(b) your personally identifiable information)



1. in the case of a natural person name or names, surname, date of birth, and

address of the place of residence in the territory of the Czech Republic; If

entrepreneurial natural person shall also address the place of business and

the identification number, if assigned,



2. in the case of a legal person, business name or the name and address of the legal person,

the identification number, if any, and the nature of the business.



(6) the contractor shall promptly upon request of the Ministry, up to 15

days, it shall submit the data referred to in paragraph 7 of the transfers effected on

the basis of this general license.



(7) the supplier is a general license referred to in paragraph 1 (b). a) and b)

obligation to retain data about the performed transfers for a period of 10 years from the

implementation of the transfer. The information must contain the



and) the name, business name or the name and address of the recipient,



(b)) a detailed description of military goods with an indication of the quantities of each

items and the total price,



(c)) document proving exclusive contractual relationship,



(d) proof of the final use),



e) confirmation by the recipient in advance was familiar with all of the terms

the transfer; the confirmation must include the instantiation of these conditions.



(8) the supplier is a general license referred to in paragraph 1 (b). (b)) shall

even before the first shuttle service to verify that the recipient of the transfer is

certified under the relevant legislation of the Member State

of the recipient.



(9) the supplier shall arrange for the general licence pursuant to paragraph 1. a) and b)

prior to the transfer, the proof of the final use confirmed by the recipient

in the Member State of the transfer. Proof of the final use cannot be older

than 12 months and must include



and name of Member State), in whose territory the place of supply of the military

material,



(b) the name of the authority) issued



(c) the trade name or name) or the name or names, and surname and

the address of the registered office or place of business of the applicant,



(d) a precise description of military equipment), in particular its quantity,

the characteristics and value



e) release date and



f) antireexportní clause.



(10) the supplier shall inform the Ministry of the tenth day of the month

following the expiration of half of the transfers effected in the framework of the

This general license.



(11) the supplier prior to each transfer shall draw up

an overview of the composition of the shipment containing an inventory of the goods with transferovaného

the name, number, type (production, registration) indications and

prices of military material that will accompany the consignment.



(12) any changes to the information in the supplier is obliged to register within 15 days

from the day when he, to communicate to the Ministry.



(13) the Ministry will publish a list of suppliers who use the General

licence, in a manner allowing remote access.



section 22 c



Summary of the licence



(1) legal or natural person to whom authorisation was granted is

authorised to carry out on the basis of the summary of the licence transfers to multiple recipients

in one or more Member States.



(2) an application for the granting of the licence must contain a summary



and authorization to perform) the number of trade in military material,



(b)), a number, or an item or subitem of the combined nomenclature

customs tariff,



(c) military goods by) the definition of the military list



(d) the proposed period of validity),



(e) the name of the Member States), to which the transfer is to be implemented

military material, and



f) definition of the beneficiaries and the end users of materiel.



(3) the Ministry shall decide on the request for the grant of licenses within summary

30 days from the date of its delivery. The provisions of § 16 shall apply mutatis mutandis to the

by a binding opinion of the Ministry of Foreign Affairs

does not require. Summary of the licence is granted for a period of 3 years.



(4) the decision on the license in addition to the General requirements summary

contains



and authorization to perform) the number of trade in military material,



(b) military material by) the definition of the military list



(c)) the definition of the beneficiaries and the end users of military material,



(d)), the place and date of the validity period,



(e) any other security terms).



§ 22



Individual license



(1) legal or natural person to whom authorisation was granted is

shall be entitled to make a transfer on the basis of individual license to one

to a specific recipient.



(2) an application for an individual licence shall contain



and authorization to perform) the number of trade in military material,



(b)), a number, or an item or subitem of the combined nomenclature

customs tariff,



c) specification of military equipment with the transcription of his name on a list

on military material and quantity,



(d) the proposed period of validity),



(e) the name of the Member State), to which the transfer is to be implemented, business

company or name and address, or the name or names, surname and place of

the business of the recipient.



(3) the Ministry shall decide on the application for an individual licence in

the period of 30 days from the date of its delivery. The provisions of § 16 shall apply

Similarly, with the binding opinion of the Ministry of Foreign Affairs

does not require.



(4) the decision to grant individual licences in addition to General

elements contains



a) item number and name according to the combined nomenclature of the customs

tariff,



(b) the name of the military material) list of military material and its

the amount,



(c) the name of the Member State), in whose territory is situated the registered office, place of

business or residence of the recipient,



(d) the date and place of issue) and the period of validity of the licence,



(e) any other security terms) license.



§ .22e



Common provisions on the transfer of military equipment to the inside

Of the European Union



(1) the provisions of § 16 to 19, for the purposes of this title shall apply mutatis mutandis,

unless otherwise provided in this title.



(2) Licences under this title are not subject to military transfers

the material, if



and the Ministry of defence by the supplier) or the Ministry of the Interior, or



b) transfer is necessary for the implementation of a cooperative armaments programme

between the Member States.



Certification



§ 22f



(1) Certification is the procedure by which the Ministry checks

the reliability of the recipient in terms of its ability to comply with the export

limitation of military goods under licence to transfer from another

of a Member State.




(2) the fulfilment of specified requirements is confirmed by issuing a certificate of

the reliability of the recipient (hereinafter referred to as the "certificate").



§ 22 g



Conditions for the issuing of the certificate



(1) the condition for the issue of a certificate that the applicant is



a) holds a valid permit to foreign trade with military

material,



b) placed on the market under his own name or trademark of the military

material or its components or systems and subsystems of the military

material,



(c)) uses military equipment adopted on the basis of General licenses

the transfer of production and shall not transfer their

or export, except for maintenance or repairs, and undertakes in writing to,



d) showing reliability pursuant to paragraph 3.



(2) the request for the issue of a certificate shall state the



and company or business) name and address or the name or names, and

address of the applicant,



(b) the identification number of the applicant)



(c)) addresses the production units, if they are introduced,



(d)) the name of the worker as a person personally responsible for transfers

and exports.



(3) an application for the issue of a certificate for the purposes of the assessment of the reliability

be accompanied by the



and the corresponding documents) any applicable experience in activities

related to the management of military materials, especially with regard to

compliance with export restrictions, enabling the manufacture or placing on the market

military equipment and the hiring of an experienced management staff,

documentation on the relevant industrial activities in the area of military

material, particularly the ability of Assembly systems or subsystems,



(b) a written undertaking from the applicant) signed by an authorized person to take

all the necessary steps to ensure compliance with and enforcement of all special conditions

for end use and export of each of the specific component or product that

have been received,



(c) a written undertaking from the applicant) signed by an authorized person, that

the competent authorities with due care shall provide detailed information

relating to the final user or end use of all products

the undertaking exported, transported or adopted on the basis of a license to

transfer from another Member State,



(d) a description of the internal program) compliance with legal standards or system

the management of transfers and exports in the undertaking, signed by the

by an authorized person; the description must include detailed information about the

organizational, human and technical resources allocated to the management of

transfers and exports, the chain of responsibility in the structure of the undertaking,

the internal audit procedures, awareness-raising and training

employees, measures to ensure the physical and technical security,

record-keeping and traceability of transfers and exports.



(4) the model application for issue of a certificate shall adopt detailed legislation.



§ 22 h



Issuing of the certificate



(1) the Ministry shall determine whether the applicant meets the conditions for issuance of the

the certificate and shall for that purpose be binding opinions of the concerned

the institutions, which are



and the Ministry of the Interior) in terms of public policy, security and

protection of the population,



(b)) the Ministry of defence in terms of the defence of the Czech Republic, assurance



(c) the Directorate-General of customs) in terms of compliance with the import and

export measures.



(2) a binding opinion the authority concerned referred to in paragraph 1 within the time limit

20 days from receipt of a copy of the application; binding opinion must

contain the approval or disapproval of the authority concerned with the release

the certificate.



(3) when the conditions of the Ministry shall issue within 60 days from the date of delivery of the

request a certificate that contains, in addition to the General requirements



and) certificate number,



(b) the business name or name) and address of the registered office or, where appropriate,

name and the permanent address of the applicant and the identification number, if

allocated,



(c)) addresses organizational units to which the certification relates,



(d)) Declaration of compliance with the conditions referred to in section 22 g,



(e) the period of validity of the certificate)



(f) the date of issue of the certificate), stamp and signature of the authorised worker

of the Ministry.



(4) a certificate issued by the Ministry in Czech and English language.

The certificate shall be issued for a period of 5 years. The certificate issued in another Member

the State is valid in the territory of the Czech Republic.



§§ 22i



Obligations of the holder of the certificate



(1) the certificate holder is obliged to meet all the conditions laid down

for its release throughout the period of its validity.



(2) the certificate holder is obliged to immediately inform the Ministry and

demonstrate all the changes that have arisen or occurred after the granting of the

certificate, and which may affect the validity or content of the certificate.

In particular, the certificate holder shall notify the



and all the important changes to its) industrial activities relating to

military goods,



(b) any modification of the data) specified in § 23 para. 2.



(3) the Ministry carried out at least every 3 years to check whether the holder of the

the certificate fulfils the conditions laid down in paragraph 22 g. In order to control the

the Ministry and authorised by the inspection authority shall be entitled to



and enter into the relevant space) of the holder of the certificate,



(b) examine and copy records) or information concerning products

exported, transferred or adopted on the basis of the transfer licences

from another Member State.



section 22j



The demise of the certificate



(1) the certificate expires



and the bankruptcy decision,)



(b) the expiration of the period of validity of the certificate),



(c) upon the death of a natural person)



(d)) by the Ministry of the revocation of a certificate, if the



1. the certificate was awarded on the basis of incorrect or incomplete information, the



2. the holder of a certificate no longer fulfils, the conditions for its grant, or



3. require the security interests of the United States, in particular if

the holder of the certificate has seriously violated the provisions of this Act

or prescription of the European Union, the law of the Member State of the European

the Union, or the renowned international agreement, which is the Czech Republic

bound, if governing trading or dealing with the military

the material, or



(e)) by returning the certificate to the Ministry.



(2) the certificate is non-transferable; upon termination of the legal person or the death of a

a natural person is transferred to its legal successor.



(3) in the event that the certificate is cancelled, the recipient is obliged to this

immediately notify their suppliers who use General

the license. The Ministry shall inform the competent authorities of the

the other Member States and the European Commission.



(4) the Ministry shall publish and regularly update a list of the holders of

certificates and shall inform the European Commission, the European Parliament and the

the other Member States, on the website of the European Commission.



3 c) directive of the European Parliament and of the Council no 2009/43/EC of 6 May 1999.

May 2009 simplifying terms and conditions of transfers of defence products

purposes within the community. ".



43. In paragraph 23 of the paragraph. 1, after the words "compliance with this law by the legal"

the words "and individuals".



44. In section 23a para. 1, the word "legal" is deleted.



45. In § 24 para. 2 (a). and (3)) for the word "refusal" shall be inserted after

and the words "licence or of the withdrawal" are replaced by the words "suspension

pumping, cancel the suspension of the drawdown or withdrawal ".



46. In § 24 para. 2 (a). and (4)) the words ", except in case of

referred to in § 13 para. 1 (b). (c)) "shall be deleted.



47. In § 24 para. 2 (a). (b)) (2) the word "grant" shall be inserted after

the words "and of the withdrawal of the licence" shall be replaced by the words "the suspension of pumping,

cancellation of suspension or withdrawal ".



48. In § 24 para. 2 (a). (b)), point 3, the words ", except in case of

referred to in § 13 para. 1 (b). (c)) "shall be deleted.



49. In the title of § 25, after the words "legal", the words "and

self-employed individuals. "



50. in paragraph 25, in the introductory sections of the provisions of paragraphs 2, 3 and 4 for the words

"Legal person" the words "or individual entrepreneur".



51. In § 25 para. 3 at the end of subparagraph (a)), the word "or" is deleted.



52. In paragraph 25, the dot at the end of paragraph 3 is replaced by a comma and the following

subparagraph (c)), and (d)), which read as follows:



"(c)) by the transfer of one specific recipients without individual license

pursuant to section 22 or more income or in one or more Member States

No summary of the licence under section 22 c or



(d)) performs a transfer on the basis of the general licence contrary to section 22b. ".



53. In § 25 para. 4 (b). and the words "or) 4" shall be replaced by ' section 22 c

paragraph. 2 or § 22 para. 2. "



54. In § 25 para. 4 (b). (b)), the words "§ 15 para. 5 "shall be replaced by the words" §

15 paragraph 1. 4. "



55. In § 25 paragraph 5 the following paragraphs 6 and 7 are added:



"(6) a legal entity or individual entrepreneur, asking for the release of the

certificate under section 23, paragraph 2. 2, committing an administrative offense, by



and shall state in the request) issue the certificate of incorrect or incomplete information,

that is essential for its issue, or



(b) the supporting documents shall be documented pursuant to §) 22 g of paragraph 1. 3 unlawfully altered or

counterfeit.



(7) the legal entity or individual entrepreneur, which was issued by a

certificate under section 22f para. 1 and 2, is guilty of an administrative offense by

that



and) contrary to section 22i notifies and submits all of the changes that occurred after the

the grant of a certificate, and which may affect the validity or contents

certificate, or




(b) amend the information in the certificate). ".



The present paragraph 6 is renumbered as paragraph 8.



56. In § 25 para. 8 at the end of the text of subparagraph (a)) the following words "or

paragraph 3 (b). c) or (d)) ".



57. In § 25 para. 8 (c)):



"(c)) to 5 000 000 CZK in the case of an administrative offence referred to in paragraph 2, paragraph

3 (b). and) or (b)), paragraph 4, paragraph 5 (b). (c)), paragraph 6, or

7. ".



58. In § 26 para. 1 introductory part of the provisions, section 27 para. 1 (b). a) and b)

and in § 27a para. 2, after the words "legal person" the words "or

entrepreneurial natural person ".



59. In paragraph 27a para. 1, after the words "legal person" the words "or

individual entrepreneur ".



60. Under section 27a para. 3, after the words "legal persons", the words "or

entrepreneurial natural persons ".



61. In paragraph 27a para. 4, the words "and in accordance with § 25 para. 5 (b). and (c)) ")

replaced by the words "§ 25 para. 5 (b). a) and (c)) and § 25 para. 6 and 7 ".



62. In paragraph 33, the words "§ 14 para. 3.0 "be deleted and the words" and section 20 (2). 4 "

replaced by the words "§ 20 para. 4 and § 23 paragraph 1. 4. "



Article. (II)



Transitional provision



The procedure for applications made before the date of entry into force of this Act

shall be completed pursuant to Act No. 38/1994 Coll., in the version in force before the date of application

the effectiveness of this Act.



Article. (III)



The effectiveness of the



This law shall enter into force on 30 April 2005. June 2012, with the exception of

the provisions of article. I, points 23, 29 and 34, which shall take effect on the first day of the

calendar month following the date of its publication.



Němcová in r.



Klaus r.



Nečas in r.

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