191/2007 Coll.

THE ACT
of 23 March 2007,

amending and supplementing Act No. 652/2004 Coll. on State administration authorities in customs management and on the amendment and supplement of some Acts as amended by Act No. 331/2005 Coll. and on the supplement of Act No. 507/2001 Coll. on postal services as amended by later regulations

	The National Council of the Slovak Republic has decided on the following Act:

Section I
 
	Act No. 652/2004 Coll. on State administration authorities in customs management and on the amendment and supplement of some Acts as amended by Act No. 331/2005 Coll. shall be amended and supplemented as follows:

	1. The footnotes to references 6 through 9 shall read as follows:

	“6) For example, Act No. 98/2004 Coll. on excise duty on mineral oil as amended by later regulations, Act No. 104/2004 Coll. on excise duty on wine as amended by later regulations, Act No. 105/2004 Coll. on excise duty on spirit and on the amendment and supplement of Act No. 467/2002 Coll. on the production and placing of spirits on the market as amended by Act No. 211/2003 Coll. as amended by later regulations, Act No. 106/2004 Coll. on excise duty on tobacco products as amended by later regulations, Act No. 107/2004 Coll. on excise duty on beer as amended by later regulations.

	7) For example Section 10, Subsection 1 and 8 of the Code of Criminal Procedure.

	8) For example Section 5 of Act No. 199/2004 Coll., Act No. 222/2004 Coll. on value added tax as amended by later regulations, Act No. 21/2007 Coll. on the goods and technologies of dual purpose and on the amendment and supplement of some Acts.

	9) For example Act No. 98/2004 Coll., as amended by later regulations.

	2. In Section 7, letter e) shall read as follows:

“e) tasks related to the opening of customs crossings, cancelling of customs crossings and the modification of their nature,“.
 
	3. The existing text of Section 7 shall be denoted as Subsection 1 and amended by Subsection 2, which shall read as follows:

	“(2) For the purposes of the fulfilment of tasks pursuant to this Act or special regulation 11a), the Ministry shall be entitled to process personal data pursuant to special regulation 12) on natural persons being participants of an administrative action, representatives of participants of an administrative action, participants, witnesses, specialists, interpreters and on other natural persons delivering an application, proposal, suggestion or other submission to the Ministry for a settlement; the list of personal data is given in the Annex No. 1“.
 
	The footnotes to references 11a and 12 shall read as follows:

	“11a) For example Section 41 and 42 of Act no. 199/2004 Coll.“

	12) Act 428/2002 Coll. on personal data protection, as amended by later regulations.

	4. The footnotes to references 13 through 16 shall read as follows:

	“13) For example Sections  34, 35 and 39 of Act No. 543/2002 Coll. on the protection of nature and the countryside as amended by later regulations, Sections 2 and 5 of Act No. 15/2005 Coll. on the protection of species of wild animals and free-growing plants by a control of trading with them and on the amendment and supplement of some Acts, Sections 2, 5 and 7 of Act No. 331/2005 Coll. on State administration authorities in the matters of drugs precursors and on the amendment and supplement of some Acts.

	14) Section 196 of the Code of Criminal Procedure.

	15) Section 13 of Act no. 540/2001 Coll. on State Statistics

	For example Section 6 of Act No. 331/2005 Coll.“.

	5. In section 8 subsection 3 o) shall read as follows:

“t) shall decide on applications for the adoption of a measure against the breaking of   intellectual property rights according to a special regulation 17) (hereinafter referred to as an application for adoption of a measure“),“.
 
	6. In section 8 subsection 3, new letters u) through w) shall be inserted behind the letter t) and shall read as follows:

“u) provides information to the European commission on its pertinence for a receipt of applications for adoption of a measure and for a proceeding to be held about these applications according to a special regulation, 17)
 
v) provides to the European Commission within the terms and in a structure pursuant to special regulation 17a)
1. list of applications for the adoption of a measure,
2. list of cases in which the customs procedure was interrupted or the goods were secured due to the suspicion of a breach of rights of intellectual property,
 
w) in cases and under the conditions established by special regulation 17) provides information to the relevant customs authorities of member States of the European Union about a decision, by which an application for adoption of a measure against a breach of rights of intellectual property shall be approved,“.
 
	The current letters u) and v) shall be marked as letters x) and y).
 
	The footnotes to references 17 and 17a shall read as follows:

	“17) Council Regulation (EC) No. 1383/2003 of 22 July 2003 concerning customs procedure on goods suspected of a breach of some rights of intellectual property and the measures to be taken on goods where a breach of rights of intellectual property has been identified (Extraordinary issue of OJEU, Chapt. 2/vol. 13; OJEU EU L 196, 02.08.2003).“.
	Commission Regulation (EC) No. 1891/2004 of 21 October 2004 by which Council Regulation (EC) No. 1383/2003 on the adoption of measures on goods suspected of a breach of some rights of intellectual property and measures to be taken on goods where a breach of rights of intellectual property has been identified (OJ. EU L 328, 30.10.2004) “.
	Act No. 200/2004 Coll. on measures against the breaking of rights of intellectual property at import, export, and re-export of the goods as amended by Act No. 116/2006 Coll.
	17a) Sect. 8, subs. 2 through 4 of the Council Regulation (EC) No. 1891/2004.“

	7. The footnotes to references 18 and 19 shall read as follows:

	“18) Sec.32 Subsec. 2 of Act No. 199/2004 Coll., as amended by Act no.652/2004 Coll.

	19) For example Act No. 98/2004 Coll. as amended by later regulations, Act No. 199/2004 Coll. as amended by later regulations, Act No. 222/2004 Coll. as amended by later regulations, Act No. 21/2007 Coll.“.

	8. In section 9 subsection 3 Letter f), the word “customs“ shall be inserted behind the word “discusses“

	9. In section 9 subsection 3, the new letters g) and h) shall be inserted behind the letter f) and they shall read as follows:

“g) decides and performs actions within the sphere of the protection of rights of intellectual property according to a special regulation, 17)
 
h) explains and discusses offences according to special regulation 23) and discloses and discusses other administrative offences according to special regulation, 23b)“.
 
	The current letters g) through v) shall be designated as letters i) through x).
 
	The footnotes to references 23a and 23b shall read as follows:

	“23a) For example Sections 12 through 18 of Act 200/2004 Coll., as amended by Act 116/2006 Coll., Section 31 subsection 1 of Act No. 21/2007 Coll.

	23b) For example Sections 12, 19 through 24 of Act 200/2004 Coll., as amended by Act 116/2006 Coll., Section 31 subsection 5 of Act No. 21/2007 Coll.“.

	10. In section 9 subsection 3 letter p) shall read as follows:

“p) guides the movement of persons and means of transport within the customs area and ensures the maintaining of public order within the customs area of a domestic customs office,“.
 
	11. Footnotes 32, 34 and 37 shall read as follows:

	“32) For example Section 15, 29 and 46 of Act No. 190/2003 Coll. on firearms and ammunition and on the amendment and supplement of some Acts, Act No. 98/2004 Coll. as amended by later regulations.

	34) Section 122 subsection 3 of the Code of Criminal Procedure.

	37) Section 2 subsection 2 of the Act of the National Council of the Slovak Republic No.171/1993 Coll. on Police forces, as amended by later regulations.“

	12. In section 19 subsection 5, the following words shall be added to the end: “for the purposes of identification according to special regulation 37a)“.

	The footnote to reference 37a shall read as follows:

	“37a) Section 18 and 20a of the Act of the National Council of the Slovak Republic No. 171/1993 Coll., as amended by later regulations.“.

	13. The footnote to reference 38 shall read as follows:

	38) Sections 6 and 11 of Act No. 576/2004 Coll. on health care, services related with the provision of health care and on the amendment and supplement of some Acts as amended by later regulations.“.

	14. In section 31 subsection 1, reference 42a shall be placed above the word “articles“.

	The footnote to reference 42a shall read as follows:

	“42a) Section 113 Subs. 1 and 2 of the Code of Criminal Procedure.

	15. The footnotes to references 43 through 45 shall read as follows:

	“43) Section 111 of the Code of Criminal Procedure.

	44) Section 25 of the Code of Criminal Procedure.

	45) Section 24 of the Code of Criminal Procedure.

	16. The heading above Section 47 shall read as follows:

Common and abrogating provisions

	17. In section 51 subsection 1, the words “customs authorities“ shall be replaced by the words “customs administration“.

	18. In section 51 subsection 2, the words “customs authorities“ shall be replaced by the words “customs administration“.

	19. Subsection 4 of Section 52 shall read as follows:

	“(4) Information and personal data from information systems kept by the customs administration pursuant to subsection 1, audio-, video- or other records from places available to the public kept by the customs administration pursuant to subsection 2 letter a) shall be provided to the:
a) office of public prosecution,
 
b) courts
 
c) the Slovak Information Service,
 
d) Military Intelligence
 
e) Military Police
 
f) Police Force,
 
g) Prison and Court Security Guard,
 
h) Railway Police
 
i) the National Security Office,
 
other State authorities or persons if required by special regulation, 46).
 
k) abroad, if established by special regulation 46a) or an international agreement. 30)“.
 
	The footnotes to references 46 and 46a shall read as follows:

	“46) For example Section 58 of Act no. 618/2003 Coll. on copyright and related rights (the Copyright Act).

	46a) For example Council Regulation (EC) No. 515/1997 of 13 March 1997 on mutual help between administrative authorities of member States and on cooperation between administrative authorities of member States and the Commission on the provision of duly application of regulations on customs and agricultural matters (Extraordinary issue OJEU, Chapt. 2/vol. 8; OJEC L 82, 22.03.1997) as amended.“.

	20. In section 54 subsection 5 behind the word “establish“ the words “special regulation 46a) or“ and above the word “agreement“ the reference 30 shall be placed.

	21. In section 57 subsection 1, the following words shall be added: “No. 2“.

	22.  The footnotes to references 49 and 55 shall read as follows:

	“49) Sec.55 Subsec.  3 and 6 of Act No. 610/2003 Coll. on electronic communications as amended by Act No. 69/2005 Coll.

	55) Section 3 of Act No. 211/2000 Coll. on free access to information and on the amendment and supplement of some Acts (Act on Free Access to Information) as amended by Act. No. 628/2005 Coll.,“.

	23. Section 59a, which, including the title, shall read as follows, is inserted after section 59:

“Section 59a

Boarding of brought or arrested person

	(1) Boarding of a brought person or arrested person pursuant to this Act shall be provided according to local conditions and within the appropriate periods of time in conformance with the principles of correct nutrition taking into account the age, health status and faith profession of the person. The first board shall be provided to the person if the bringing or arresting shall extend beyond six hours. If the bringing or arresting is shorter than six hours, boarding shall be provided only if it is required by the health status of the person, his/her age or by other serious circumstance known to the customs officer.
 
	(2) The boarding expenditures of the person brought or arrested shall be paid for by the person to which the board is provided if the financial situation during bringing or arresting of such person allows it; otherwise the boarding expenditures of a person brought or arrested shall be borne by State. If the person refuses the board, customs officer shall write an official record about it, in which the reason of board refusal must be stated. He/she shall submit the official record for signing to the person who has refused the board, in the presence of another customs officer. If such person refuses also to sign the official record on board refusal, the customs officers shall record this fact in the official record and submit it to their superior.
 
	(3) A limit of expenditures for the boarding of a person brought or arrested, including the material used borne by State shall be in the amount of 70% of the board provided on business trips, the duration of which exceeds 18 hours. 59) Further details on the boarding of a person brought or arrested shall be established by a generally binding regulation issued by the ministry.“.
 
	The footnote to reference 59 shall read as follows:

	“59) Sec.3 Subsec. 1) Letter c) of Act 283/2002 Coll. on travel expenses compensation.“.

	24. Annexes No. 1 and 2 shall read as follows:

Annex No. 1 to Act No. 652/2004 Coll.

LIST OF PERSONAL DATA PROCESSED IN INFORMATION SYSTEMS OF THE MINISTRY

1. degree, first name, surname, maiden name,
 
2. date and place of birth,
 
3. personal identity number,
 
4. nationality:
 
5. permanent residence in the Slovak Republic or residence abroad,
 
6. temporary residence,
 
7. other place, where the person usually stays.
 
Annex No. 2 to Act No. 652/2004 Coll.

LIST OF PERSONAL DATA PROCESSED IN INFORMATION SYSTEMS OF CUSTOMS ADMINISTRATION

1. degree, first name, surname, maiden name,
 
2. date and place of birth,
 
3. personal identity number,
 
4. nationality:
 
5. gender,
 
6. permanent residence in the Slovak Republic or  residence abroad,
 
7. temporary residence,
 
8. other place, where the person usually stays,
 
9. nicknames and pseudonyms,
 
10. special signs,
 
11. biometric data
 
Section II
 
	Act No. 507/2001 Coll. on postal services as amended by Act No. 15/2003 Coll. and Act No. 199/2004 Coll. shall be supplemented as follows:

	1. In section 8 subsection 3, the words “customs office“ shall be followed by a comma and the words “customs criminal office“.

	2. In section 9 subsection 2, the words “customs office“ shall be followed by a comma and the words “customs criminal office“.

Section III
 
	This Act shall come into force on June 1st, 2007.

Ivan Gašparovič, in his own hand

Pavol Hrušovský, in his own hand

Robert Fico, in his own hand