Act No. 127 / 2003 Coll.
Act amending Act No. 539 / 1992 Coll., on Punching and Testing of Precious Metals (Puncture Act), as amended by Act No. 19 / 1993 Coll.
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Effective from 01.01.2004
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127
THE LAW
of 3 April 2003
amending Act No. 539 / 1992 Coll., on Punching and Testing of Precious Metals (Puncture Act), as amended by Act No. 19 / 1993 Coll.
Parliament has decided on this law of the Czech Republic:
Act No. 539 / 1992 Coll., on Punching and Testing of Precious Metals (Puncture Act), as amended by Act No. 19 / 1993 Coll., is amended as follows:
1. In Article 3 (1), the word "jeweler," the clutch "and" shall be replaced by a comma, and the words "and solders" shall be inserted after the word "semi-finished products."
2. in Paragraph 3 (1) (d), including footnote 1, the following shall be added:
"(d) Czech coins of precious metals issued under special legislation1) (hereinafter" Czech coins "),
1) § 12 of Act No. 6 / 1993 Coll., on the Czech National Bank. '
3. in Paragraph 3 (1) (e), at the end of the dot, the following point (f) is added:
"(f) worn, incomplete or damaged goods traded generally at the price of precious metal contained therein (" fractions ")."
4. in Article 4 (c):
"(c) old goods presented for inspection in each piece of different designs and which:
- is of older or unspecified origin, or
- has not undergone a domestic punk check, or
- is presented by a person other than his producer or importer, or
- is presented by a person without a business licence or other business authorisation, ';
5. in Article 4, point (d) shall be deleted;
Points (e) to (h) shall be renumbered as points (d) to (g).
6. In Article 4 (d), the words "and the owner shall require the repair, including the official mark 'shall be replaced by the words" unless the client has requested in writing that the repair be carried out without the official mark'.
7. in Article 4 (f), including footnotes 2 to 2b,
"(f) manufacturer of the entrepreneur, (2) whose subject matter involves the manufacture or repair of goods or the production or processing of jewellery alloys or the production of Czech coins or precious metal. The manufacturer shall also be the person who carries out any of the above activities on the basis of a non-business authorisation (2a) or his activity in the manufacture or repair of goods consists in the realisation of the results of his own intellectual creative activity protected by a special law. 2b)
2) Act No. 455 / 1991 Coll., on Business Business (Trade Act), as amended.
2a) For example, Act No. 29 / 1984 Coll., on the System of Primary Schools, Secondary Schools and Higher Vocational Schools (Education Act), as amended.
2b) Act No. 121 / 2000 Coll., on copyright law, copyright law and amending certain laws (copyright law). '
8. In Article 4 (g), the words "offer for sale," shall be inserted after the words "procuring sale."
9. In Article 4, at the end of point (g), the dot is replaced by a comma and the following points (h) and (i) are added:
"(h) the production mark usually of two to three-digit alphanumeric characters assigned by the Punk Office (§ 6), based on the name and surname or business name of the manufacturer, with additional characteristics, situated in a characterising boundary, intended to be indicated by the manufacturer of the goods produced;
(i) a two to three-digit alphanumeric mark, assigned by the Punk Office (§ 6), based on the name and surname or business name of the trader, with additional characteristics, situated in a characterising boundary, intended to be designated by the trader of the imported goods. "
| 10. | V § 5 odst. 1 písm. a) se za slova „pro zboží zlaté“ vkládají slova „ryzost č. 0 | 999/1000“. |
| 11. | V § 5 odst. 1 písm. b) se za slova „pro zboží stříbrné“ vkládají slova „ryzost č. 0 | 999/1000“. |
| 12. | V § 5 odst. 1 písm. c) se za slova „pro zboží platinové“ vkládají slova „ryzost č. 0 | 999/1000“. |
13. in Article 5 (2), the words "583 / 1000 for foreign gold goods and purity" shall be deleted and the words "considered" shall be replaced by the words "considered."
14.
Punching and testing bodies for precious metals
(c) Ministry of Industry and Trade (hereinafter referred to as "Ministry ') and the Punctual Office. (c)
2c) Act No. 19 / 1993 Coll., on the Government Administration of the Czech Republic in the field of punting and testing of precious metals, as amended by Act No. 309 / 2002 Coll. '
15. Article 7, including footnote 3, shall be deleted.
16. in Article 9 (1), the words "and Article 50 (1) and (2)" shall be inserted after the words "Paragraph 27."
17. in Paragraph 10 (2), in the first sentence after the words "on presentation" and in the second sentence, the word "in writing" shall be inserted after the word "also" and the words "in alloy" shall be inserted after the word "quantity."
18. In Article 10 (3), the word "permanent 'is inserted after the word" possible', the word "exiting 'is deleted and the word" mark' is replaced by "mark '.
19. in Article 10 (4), the word "durable" shall be inserted after the words "must be used by the manufacturer," the words "(46)" shall be deleted and the word "set off" shall be replaced by the word "place."
20. In Article 11 (1), the following is inserted after the words "Foreign goods':
"4) § 128 of Act No. 13 / 1993 Coll., Customs Act, as amended by Act No. 1 / 2002 Coll. '.
21. In Paragraph 11, the following paragraph 3 is inserted after paragraph 2:
"(3) A trader shall be required to permanently mark or have the assigned liability mark marked on the spot provided for by the Punk Office in such a way that it is possible to place the punk mark next to it. '
Paragraph 3 shall become paragraph 4.
22. In Article 11, the following paragraph 4 is inserted after paragraph 3:
"(4) Foreign goods which come from a Member State of the European Union and which are not officially marked in accordance with Paragraph 50 (2) shall be presented for inspection by the trader who imported them together with the documents proving their origin. ';
Paragraph 4 shall become paragraph 5.
23. In Article 12, the following paragraph 2 is inserted after paragraph 1:
"(2) For the punk check referred to in paragraph 1, old goods may be presented by persons other than the trader. '
Paragraph 2 shall become paragraph 3.
24. in Paragraph 13, "paragraphs 1 and 3" are replaced by "paragraphs 1, 3 to 5";
25. in Article 15 (3), the words "Jewelry alloy used for the manufacture of goods" shall be replaced by the words "For jewellery alloy used for the manufacture of goods, the manufacturer or importer shall ensure that it is subjected to chemical testing in terms of purity; alloy."
26. In Paragraph 15, the sentence "The plating of precious metal by coating of base metal is not permitted at the end of paragraph 4, even in the form of an interlayer."
27. in Article 15 (5), "paragraph 3" is replaced by "paragraphs 3 and 4";
28. In Article 16, at the end of paragraph 3, the words "or in the cases provided for in the implementing act 'shall be added.
29. Paragraph 18 (2) is deleted and paragraph 1 is deleted.
30. In Paragraph 18, the first sentence, including footnote 4 (a), reads: "Goods having legal purity, prescribed status and complying with the legislation, 4a) The hallmark office shall permanently mark the relevant hallmark or otherwise mark it under this law.
4a) For example, Decree No 301 / 1998 Coll., establishing a list of chemicals and chemical products whose manufacture, placing on the market and use is restricted, as amended by Decree No 390 / 2000 Coll. '
31. in Article 20 (1), the word "mark" shall be replaced by the word "mark" and the words "head for the punk office" shall be replaced by "mark for the punk office."
32. in Paragraph 20 (2):
"(2) Goods made up of the same precious metal, two or more different legal purity, where appropriate, shall be marked with a punk mark of lower or lower legal purity. ';
33. In Article 20 (3), the word "go" is replaced by "mark" and the words "corresponding punch marks" are replaced by "corresponding punch marks."
34. In Article 20 (4), the words "or, in particular, because of the nature, shape or dimensions of the goods' shall be inserted after the words" Article 10 (3) 'and the words "stamped' shall be deleted.
35. in Paragraph 21 (2):
"(2) If the old goods cannot be marked with a permanent punch mark without damage, the Punk Office shall mark them by hanging the punch mark seal or issuing the certificate. ';
36. Paragraph 21 (3) is deleted.
Paragraph 4 shall become paragraph 3.
37. in Paragraph 22 (2), the word "Fractures" shall be replaced by the words "Fractures after breaking."
38. In Article 23 (1), the word "communicate 'shall be replaced by" confirm'; the word "defective 'shall be inserted after the word" punk' and the words "Czech and Slovak Federal Republic 'shall be replaced by" Czech Republic'.
39. in Paragraph 23 (2), the words "the Czech and Slovak Federal Republic" shall be replaced by the words "the Czech Republic" and the words "the Republic in whose territory the punk office is situated" shall be deleted;
40. In Article 23, the following paragraph 4 is added:
"(4) Until the entry into force of the Treaty of Accession of the Czech Republic to the European Union, the condition for the export of foreign goods outside the Czech Republic pursuant to paragraphs 1 and 2 shall not be deemed to have been fulfilled if the goods have been exported to the Slovak Republic, except where such goods have been imported into the Czech Republic from the Slovak Republic."
41.
The Office may remove from the goods data which may mislead its purity, weight or condition. Such data may also be removed from goods which are interchangeable. ';
42. Paragraph 27 (1) (b), including footnotes 5 and 5a, reads as follows:
"(b) foreign goods placed under customs procedure for transit (5) or economic activity (5a)
5) Sections 139 to 144 of Act No. 13 / 1993 Coll., as amended by Act No. 1 / 2002 Coll.
5 (a) § 133 et seq. of Act No. 13 / 1993 Coll., as amended. '
43. Paragraph 27 (1) (c), including footnote 5b, reads:
"(c) domestic goods intended for export, 5b)
5b) Sections 214 and 216 of Act No. 13 / 1993 Coll. '.
44. in Paragraph 27 (1) (d), the word "antique" is replaced by "old."
45. in Article 27 (3), the word "Czechoslovak" is replaced by "Czech."
46. in Paragraph 28 (1):
"(1) The goods referred to in Article 27 (1) (a) (3) must be permanently marked by a number expressing the appropriate purity (hereinafter referred to as" purity number "). Where, in particular, this is due to the nature, shape or size of the goods, the Punk Office shall proceed in accordance with Paragraph 20 (4). '
47. In the title of § 30, the word "Czechoslovak 'is replaced by the word" Czech'.
48. In § 30, the word "Czechoslovak 'is replaced by" Czech'.
49. in Article 30, footnote 6 reads:
"6) Sections 14 and 15 of Act No. 6 / 1993 Coll. '.
50. Paragraph 31 (1), including footnote 6a, reads:
"(1) Dental precious metals may be traded or otherwise put into circulation only on condition that they do not endanger the health of persons or the environment. This condition shall be deemed to be fulfilled if these metals comply with the requirements laid down in a separate legislation. 6a)
6a) Act No. 22 / 1997 Coll., on technical requirements for products and amending and supplementing certain laws, as amended. '
51. In the first sentence of Paragraph 33 (1), the words "Jewelry alloys, fractions," and in the second sentence, the words "Jewelry alloys, fractions," shall be inserted after the words "the item presented."
52. The heading of Part Four reads:
"OBLIGATIONS OF PRODUCERS AND TRADERS, REGISTER OF PRODUCERS AND TRADERS '.
53. Paragraph 35, including footnotes 6b, 6c and 6d:
(1) Manufacturers and traders are obliged to notify the Punc Office in writing within 15 days of the start of their activities
(a) the name and surname, or business name, where applicable, the birth number, if not the date of birth, address or residence, place of business, 6b) and the address for correspondence, if different from the place of business, the establishment, including their addresses, if established, the identification number, if assigned, of their type of activity with precious metals, if any; or
(b) the business firm or the name, registered office, establishment, including their addresses, where they are established, the identification number, if assigned, the name and surname, address or residence of persons who are a statutory authority or a member of a statutory authority, the type of their activity with precious metals, if they are a legal person.
(2) Manufacturers and traders for the notifications referred to in paragraph 1 shall submit to the Punc Office a certified copy of the valid trade licence and a copy of the current commercial register extract, if the manufacturer or trader is registered therein.
(3) An establishment under paragraph 1 shall be regarded as an establishment under a specific legislation. 6c) Goods or other articles of precious metal may also be traded at an electronic address in the information system (hereinafter referred to as the "electronic address"). The opening and termination of business at the establishment and at the electronic address shall be notified in writing to the Punk Office at least 3 days in advance by manufacturers and traders.
(4) In the notification referred to in paragraph 3, the manufacturer or trader shall indicate:
(a) the name and surname and, where appropriate, the business name;
(b) an identification number, if assigned,
(c) the address of the premises and, where appropriate, the electronic address;
(d) the date of commencement and termination of the operation at the establishment and at an electronic address.
(5) Manufacturers and traders are required to notify and document changes to the data referred to in paragraph 1 in writing, including the documents referred to in paragraph 2, within 15 days of their formation.
(6) The obligations referred to in paragraphs 1 to 5 shall apply mutatis mutandis to persons selling goods resulting from their intellectual creative activity protected by a specific legislation. 6d)
6b) § 2 (3) of the Commercial Code.
6c) § 17 of Act No. 455 / 1991 Coll.
6d) Act No. 121 / 2000 Coll.
54. Paragraph 37 (3), including footnote 7, reads:
"(3) When determining the weight of precious metals or goods, manufacturers and traders shall use the measured instruments. 7) The measured measuring instruments shall be fitted by manufacturers and traders in each establishment where direct contact with customers occurs. This obligation shall not apply to traders who trade exclusively in silver goods for which the weight of one piece does not exceed 10 grams. The determination of the weight of silver and silver goods is sufficient to be carried out to the nearest gram, for other precious metals and gold and platinum goods at 0,05 grams.
7) Article 3 of Act No. 505 / 1990 Coll., on Metrology, as amended by Act No. 119 / 2000 Coll. '
55. In Section 38, the words "in store 'are replaced by the words" goods'.
56. Paragraph 38 (2) (a), including footnote 8, reads as follows:
"(a) the sale of goods ordered by a court or administrative authority under special legislation, 8)
8) For example the Civil Code, Act No. 328 / 1991 Coll., on bankruptcy and settlement, as amended, Act No. 337 / 1992 Coll., on the Administration of Taxes and Fees, as amended. '
57. in Paragraph 38 (2) (d), the words "Special Laws 10)" are replaced by the words "Special Laws 6d)."
footnote 10 is deleted.
58. in Paragraph 38, footnote 9 reads:
"9) Act No. 26 / 2000 Coll., on Public Auctions, as amended."
59. Paragraph 39 (1) reads as follows:
"(1) Goods offered or intended for sale or stored for that purpose must be placed visibly separately from other products at the point of sale or in stock; This shall also apply to the storage of officially unmarked non-commercial goods and domestic goods intended for export. ';
60. In Paragraph 39 (2), after the first sentence, the sentence "This shall also apply when buying fractions or goods from customers."
61. In Paragraph 39 (3), the words "in the store" are replaced by the words "at the point of sale" and the words "Czechoslovak" are replaced by the words "Czech."
62. In Paragraph 40, at the end of paragraph 1, the sentence "The misleading designation is also the issue of goods for articles of general metal or other material."
63.In Paragraph 40 (2):
"(2) Traders shall be required to clearly identify the items referred to in paragraph 1 and make them visible separately. The same shall apply to goods made of different purity or of different precious metals, in particular if they are surface-worked in such a way that they may give a confusing impression of their true composition. '
64. After Paragraph 40, the following Section 40a is inserted:
Register of producers and traders
(1) The Punk Office shall keep a register of producers and traders (the register). The register shall include:
(a) in the case of a natural person, the name and surname and, where applicable, the business name or business name, the birth number, if not assigned, the date of birth, address or residence, the place of business and the address for written contact, if different from the place of business, the address of the establishment, if established, the electronic address, if established, the identification number, if assigned, of the type of operation with precious metals;
(b) in the case of a legal person, the name, registered office, address of the premises, if established, electronic address, if established, identification number, if assigned, name and surname, address or residence of persons who are a statutory authority or a member of a statutory authority, type of activity with precious metals;
(c) the establishments in which the operation of precious metal is carried out;
(d) the date of commencement of operations with precious metals and its termination;
(e) an overview of the inspections carried out and the fines imposed.
(2) The register is a public register in the part in which the name and surname, business name, place of business, type of activity with precious metals, identification number, establishment, electronic address and in the part in which the company, registered office, type of activity with precious metals are registered with the legal person, identification number, establishments and electronic address.
(3) The register in the part which is a public list shall have the right to consult and to obtain extracts or copies thereof.
(4) A copy, extract or confirmation of a particular registration, or confirmation that there is no such registration, may be made out of part of the register which is a public register on written request.
(5) The data listed in the section of the register, which is a public register, are published by the Punk Office in a way that allows remote access. "
65. In Paragraph 41, at the end of paragraph 1, the sentence "Controlled persons shall be obliged to provide the staff of the Punk Office with the necessary synergies in the exercise of control."
66. In Paragraph 41 (2):
"(2) The staff of the Punk Office shall be authorised to carry out the checks referred to in paragraph 1 in writing by its head or designated person (" inspectors').
(a) enter all manufacturing, storage or commercial premises and other premises related to the activities of a controlled person under this law;
(b) to examine the records kept by a controlled person under this law or the records kept under another law, in so far as they relate to the activities of the controlled person under this law;
(c) carry out a test of the purity of the goods and of the jewellery or dental precious metal, including sampling, to which they may require their presentation; for this purpose, goods and articles of materials other than precious metals shall be considered as such if they are interchangeable in appearance with goods;
(d) goods for which a reasonable suspicion has arisen that, in breach of this law, they have not been presented for inspection, withdrawn for the purpose of carrying it out or of ensuring that the goods are tampered with and a period of time for the person to be checked to submit it to the Punk Office for inspection. "
67. In Paragraph 43, the word "Kčs' is replaced by" Kč '.
68. in Article 43 (1) (a), the words "or make them late or incomplete" shall be inserted after the words "pursuant to Article 35."
69. in Paragraph 43 (1) (b), the words "or responsibility" shall be inserted after the word "manufacturing."
70. in Paragraph 43 (1), point (d) is deleted;
Point (e) shall be renumbered as point (d).
71. in Article 43 (2) (f), the words "the mandatory conditions laid down in the Czechoslovak technical standard" shall be replaced by "the conditions laid down in Article 31 (1)."
72. in Paragraph 43 (2) (g), the words "or not available at the premises" shall be inserted after the word "verification."
73.In Paragraph 43 (2) (h), the word "or" shall be replaced by a comma and at the end of the text in point (h) the words "or shall not provide the necessary synergies within a time limit set by the inspector."
74. In Paragraph 43 (2), at the end of point (i), the dot is replaced by a comma and the following point (j) is added:
"(j) shall not submit a punk check within the time limit laid down by the inspector.";
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Regulation Information
| Citation | Act No. 127 / 2003 Coll., amending Act No. 539 / 1992 Coll., on Punching and Testing of Precious Metals (Punctual Act), as amended by Act No. 19 / 1993 Coll. |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 05.05.2003 |
|---|---|
| Effective from | 01.01.2004 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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