Act No. 145 / 2000 Coll.
Act amending Act No. 64 / 1986 Coll., on Czech Trade Inspection, as amended, Act No. 634 / 1992 Coll., on Consumer Protection, as amended, and Act No. 63 / 1986 Coll., on Czech Agricultural and Food Inspection, as amended, Act No. 110 / 1997 Coll.
Valid
Law
Effective from 01.09.2000
145
THE LAW
of 10 May 2000
amending Act No. 64 / 1986 Coll., on Czech Trade Inspection, as amended, Act No. 634 / 1992 Coll., on Consumer Protection, as amended, and Act No. 63 / 1986 Coll., on Czech Agricultural and Food Inspection, as amended, Act No. 110 / 1997 Coll.
Parliament has decided on this law of the Czech Republic:
Amendment of the Act on Czech Trade Inspection
Act No. 64 / 1986 Coll., on Czech Trade Inspection, as amended by Act No. 240 / 1992 Coll., Act No. 22 / 1997 Coll., Act No. 110 / 1997 Coll., Act No. 189 / 1999 Coll. and Act No. 71 / 2000 Coll., is amended as follows:
1. Paragraph 2 (1) reads as follows:
"(1) The Czech Trade Inspection Office controls legal and natural persons selling or supplying products and goods to the internal market, providing services or conducting other similar activities on the internal market (hereinafter referred to as" controlled persons "), unless another administrative authority exercises supervision under specific legislation."
2. in Paragraph 2 (2), including footnotes 1), 1a) and 1b) shall read as follows:
"(2) The Czech Trade Inspectorate controls
(a) compliance with the conditions laid down to ensure the quality of the goods or products, including health, storage and transport conditions and personal hygiene and traffic hygiene requirements;
(b) whether certified measuring instruments are used for the sale of goods, if they are subject to verification, and whether the measuring instruments used comply with specific legislation, technical standards, other technical regulations, or type approved, if applicable, 1)
(c) compliance with agreed or specified conditions and quality of the services provided;
(d) compliance with other conditions laid down by specific legislation or other binding measures for the operation or provision of the activities referred to in paragraph 1;
(e) whether a certificate of conformity has been issued when the products are placed on the market and whether the characteristics of the products placed on the market comply with the conditions laid down in the certificate of conformity issued, 1a)
(f) whether the consumer is misled. (1b)
1) Act No. 505 / 1990 Coll., on Metrology, as amended by Act No. 119 / 2000 Coll.
1a) Act No. 22 / 1997 Coll., on technical requirements for products and amending and supplementing certain laws, as amended by Act No. 71 / 2000 Coll.
1b) § 8 of Act No. 634 / 1992 Coll., on Consumer Protection, as amended by Act No. 145 / 2000 Coll. '
footnote (1b) shall be renumbered as footnote (1c), including the footnote references.
3. In Article 2 (3), the words ", dishes' and" and food and beverage preparation control 'are inserted after the words "Food control'.
4. In Article 3 (a), the comma is replaced by "and 'and the persons responsible for their formation or duration' after the word" shortcomings' is deleted.
5. in Paragraph 3 (e):
"(e) carry out analyses or ensure that analyses are carried out to verify the quality and safety of products or goods, or for the purpose of checking whether consumers are not misled, (1b) with the exception of food, food and tobacco products; ensure that such analyses are carried out with the competent authorities or persons; it shall carry out analyses or carry them out at the expense of the persons checked only if the analysis has been found to be of inadequate quality and safety of the products or goods, or if consumer deception has been demonstrated; ';
6. In Article 4 (1), the following shall be added at the end of point (b): "as well as the identity of the natural persons who represent the controlled persons during the inspection and the authorisation of such persons to represent them."
7. In the first sentence of Article 4 (1) (d), the words ", food and tobacco products, or to assess whether consumers are not misled (1b) 'shall be inserted after the words" foodstuffs'.
8. In Article 4, the following shall be added at the end of paragraph 2:
9. In Article 4, the following shall be added at the end of paragraph 3: "except for the submission of the necessary information for the purposes and in criminal proceedings."
10. The following Section 5a is inserted after Section 5, including footnote 3:
(1) Inspectors of the Czech Trade Inspection Agency are entitled
(a) to carry out a check as to whether the consumer is not misled, (1b) on the basis of his or her own initiative or the initiative of another State authority, on the basis of the consumer's initiative, or on the basis of another person demonstrating his or her legal interest in the matter; the holder of the patent, the holder of the copyright certificate, the proprietor of the trade mark, the owner of the copyright or any other right protected by the copyright law, or the holder of the right to a registered industrial design or utility model, or his representative (hereinafter referred to as the "owner of the intellectual property right '), may also initiate the inspection;
(b) to invite the owners of an intellectual property right to submit the documentation necessary to assess whether consumers are being misled. (3)
(2) The Czech Trade Inspectorate informs the complainant of the misconduct found by consumers (3) or of the deficiencies found and the causes thereof.
3) Article 8 (2) of Act No. 634 / 1992 Coll., as amended by Act No. 145 / 2000 Coll. Act No. 191 / 1999 Coll., on measures concerning the import, export and re-export of goods infringing certain intellectual property rights and amending certain other laws, as amended by Act No. 121 / 2000 Coll. '
11. in Article 6, the following paragraph 1 is added:
"(1) The Czech Trade Inspection Office is entitled to invite a person qualified under specific legislation to participate in the inspection, 3a) if this is justified by the nature of the inspection activity. These persons have the rights and obligations of inspectors under this Act to the extent given to them by the Czech Trade Inspection. Professional persons may not be entrusted with the imposition of measures and penalties under this or other laws. (3b)
3a) For example, § 11 of Act No. 22 / 1997 Coll., as amended by Act No. 71 / 2000 Coll., Act No. 36 / 1967 Coll., on Experts and Interpreters.
3b) For example, Act No. 634 / 1992 Coll., as amended, Act No. 22 / 1997 Coll., as amended by Act No. 71 / 2000 Coll. '
Paragraphs 1 and 2 shall become paragraphs 2 and 3.
12. in Paragraph 6 (2):
"(2) Controlled persons shall be obliged to allow inspectors and competent persons invited to participate in the inspection to carry out their tasks relating to the performance of the inspection. ';
13. in Article 7 (1) (a), including footnote 3c, the following shall be added:
"(a) the purchase, supply, sale or use of products or goods which do not comply with the requirements of specific legislation3c) for the activities referred to in § 2;
3c) For example Act No. 634 / 1992 Coll., as amended. '
14. The following Section 7b is inserted after Section 7a:
(1) The inspector must, when he has established that the offer, sale or storage of products or goods does not comply with specific legislation, (3) order the securing of such products or goods. The inspector shall give an oral notification of the measures taken to ensure that the products or goods are secured to the person or person involved in the inspection and shall immediately draw up an official record indicating the reason for the freezing, the description of the products or goods covered and their quantities. The inspector shall transmit a copy of the official record to the person checked.
(2) The Czech Trade Inspection Office is authorised to store secured products or goods which do not comply with specific legislation, (3) outside the reach of a controlled person. The person checked shall be obliged to release the products or goods secured to the inspector. If he refuses to issue, these products or goods shall be removed from the person checked. An official record of the issue or withdrawal shall be drawn up by the inspector. Storage costs shall be borne by the checked person for whom the offer, sale or storage of such products or goods has been established. The audited person shall not be obliged to pay the costs of the products stored if it is established that the products or goods comply with specific legislationm3.
(3) (3) the person concerned may, within 3 working days of the date of notification of the measure, submit written objections to the locally competent inspector. The objections do not have suspensory effect. The Director of the Inspectorate shall decide on the objections without undue delay. His decision is final. The written decision of objections shall be delivered to the person checked.
(4) The security of products or goods which do not comply with specific legislation (3) shall continue until a final decision has been taken to forfeit or prevent them or, where appropriate, until it has been established that they are not such products or goods. Repeal of the measures on the provision of products or goods which are proven to comply with specific legislation (3) shall be carried out in writing by the Director of the Inspectorate. The document shall be delivered to the person checked. Where the security measure has been lifted, the products or goods secured shall be returned, without undue delay, to the person checked, in the intact state, with the exception of the products or goods used for the assessment. The inspector shall record the return in writing.
(5) The Director of the Inspectorate shall, in addition to the fine, impose a forfeiture or prevent products or goods not complying with specific legislation.3) The owner of the products or goods forfeited or seized shall become the owner. At the same time, the Director of the Inspectorate will decide to destroy them. If the decision is final, the destruction shall be carried out officially under the supervision of a three-member commission appointed by the Director of the Inspectorate. The committee will write a report on the destruction. Destruction shall be carried out on the cargo of the controlled person who has offered, sold or stored the goods. ';
15. in Paragraph 9 (1):
"(1) The Director of the Inspectorate shall impose on the person who:
(a) fails to comply with the agreed or determined date or scope of the service or does not provide the service of the required quality;
(b) use officially uncertified measuring instruments, if they are subject to verification, or measuring instruments not complying with specific legislation, technical standards, other technical regulations, or type approved,
(c) fail to comply with the requirements laid down for personal hygiene or safety of operations, or any other requirements laid down to ensure the health of the goods or products and their safe use;
(d) infringes the other conditions laid down by specific legislation for the activities referred to in paragraphs 1 and 2 of Paragraph 2, provided that the right to impose penalties is not exercised by another administrative authority; or
(e) fails to comply with the measures imposed under this Act;
fine up to 1 000 000 CZK. A fine of up to CZK 2 000 000 000 may be imposed for repeated infringements within one year from the date of the last inspection. "
footnote 3 is deleted.
16. In Paragraph 9 (2), "2 000 CZK" is replaced by "5 000 CZK."
17. in Paragraph 9 (3), the amount "5 000 CZK" is replaced by "50 000 CZK."
18. in Article 9, the following paragraph 4 is inserted after paragraph 3:
"(4) The proceedings for the imposition of a fine may be initiated within one year of the date on which the Director of the Inspectorate became aware of the infringement referred to in paragraphs 1 to 3, but no later than 2 years after the date on which the infringement occurred. The fine may not be imposed if three years have elapsed since the infringement. '
19. in Paragraph 9, paragraph 5 is deleted;
Paragraph 4 shall become paragraph 5.
20. Article 11 shall be deleted;
21. in Paragraph 12 (1), the words "and, in the case of a controlled natural person, to the extent of fault," shall be deleted.
22. in Article 12, paragraphs 4 and 5 are added, including footnotes (3d) and (3e):
"(4) The fine shall be payable within 30 days of the date on which the decision imposing the fine becomes final.
(5) The fine is collected by the Czech Trade Inspection Authority and enforced by the Territorial Financial Authority (3d) under a special legislation. 3e)
3d) Act No. 531 / 1990 Coll., on Territorial Financial Authorities, as amended.
3e) Act No. 337 / 1992 Coll., on the Administration of Taxes and Fees, as amended. '
23. in Article 13 (1) (a):
"(a) with administrative and territorial authorities in the field of delegation, as well as with other State bodies and bodies whose cooperation is necessary for the exercise of control,";
24. Paragraph 13 (3) is deleted.
Paragraphs 4 and 5 shall be renumbered paragraphs 3 and 4.
25. in Article 13 (3), the word "organisation" shall be replaced by "persons."
26. In Section 15, the words "Ministry of Trade and Tourism of the Czech Republic, Federal Ministry of Defence, Federal Ministry of Interior, Ministry of Interior of the Czech Republic and Ministry of Justice of the Czech Republic 'are replaced by the words" Ministry of Industry and Trade, Ministry of Defence, Ministry of Interior and Ministry of Justice'.
27. in Paragraph 17 (1):
"(1) Unless otherwise provided for in this law, the administrative rules shall apply to proceedings under this law. ';
Amendment to the Consumer Protection Act
Act No. 634 / 1992 Coll., on Consumer Protection, as amended by Act No. 217 / 1993 Coll., Act No. 40 / 1995 Coll., Act No. 104 / 1995 Coll., Act No. 110 / 1997 Coll., Act No. 356 / 1999 Coll. and Act No. 64 / 2000 Coll., is amended as follows:
1. In Article 2, at the end of paragraph 1, the dot is replaced by a comma and the following point (r) is added:
"(r) products or goods infringing certain intellectual property rights shall be:
1. Counterfeiting goods, including packaging, on which, without the consent of the proprietor of the trade mark, the mark is identical or interchangeable with the trade mark, infringing the rights of the proprietor of the trade mark under special legislation, 4b. Furthermore, all items bearing such a mark (marks, logos, labels, stickers, leaflets, instructions for use, guarantee documents, etc.), even if they are shown separately, and separate packages bearing such a sign,
(2) an illegal imitation of which the product or goods which are a copy or include a copy produced without the consent of the owner of the copyright or related rights or without the consent of the holder of the industrial design rights, if the acquisition of the copy infringes those rights under special legislation, 4c)
3. a product or goods which infringes the rights of the holder of the patent 4d) or utility model 4e) or the rights of the holder of the supplementary protection certificate for medicinal products and plant protection products under specific legislation. 4d)
4b) Act No. 137 / 1995 Coll., on Trade Marks, as amended.
4c) Act No. 35 / 1965 Coll., on Works of Literary, Scientific and Artistic (Copyright Act), as amended. Act No. 527 / 1990 Coll., on inventions, designs and improvements, as amended.
4d) Act No. 527 / 1990 Coll., as amended.
4e) Act No. 478 / 1992 Coll., on utility models, as amended by Act No. 116 / 2000 Coll. '
2. In Article 8, the following paragraphs 2 and 3 are inserted after paragraph 1:
"(2) The offer or sale of products or goods infringing certain intellectual property rights and the storage of such products or goods for the purpose of offering or selling shall also be regarded as misleading to the consumer.
(3) Responsibility for misleading consumers shall not be waived by reference to the fact that the necessary or correct data have not been provided by the manufacturer, importer or supplier. '
Paragraphs 2 and 3 shall be renumbered paragraphs 4 and 5.
3. In Article 8, paragraph 6 is added:
"(6) For the purposes of this Act, the storage of products or goods infringing intellectual property rights shall mean their location in storage premises, means of transport, offices or other non-residential premises, and in sales places, including stalls. ';
4. The following Section 8a is inserted after Section 8:
(1) The owner or co-owner of the patent, the owner of the copyright certificate, the proprietor of the trade mark, the owner of the copyright or another right protected by the copyright law, or the owner of the right in respect of the registered industrial design or utility model or his representative (hereinafter referred to as the "owner of the intellectual property right") is obliged to submit to the supervisory authority, within 15 working days of the date of notification, the documentation necessary for the assessment of the products or goods. It shall be responsible for the fact that the documentation transmitted is true, accurate, complete and valid. It shall notify the supervisory authority without delay of any changes which may affect the accuracy of the assessment of products or goods. Where the supervisory authority has doubts as to the legitimacy or veracity of the documentation submitted, it shall inform the holder of the intellectual property right in writing of that fact. The owner of the intellectual property right shall, within 15 days of receipt of such notification, submit a written opinion on the deficiencies identified.
(2) Where the supervisory authority exercises control at the initiative of the proprietor of an intellectual property right or of another person who has demonstrated a legal interest in the matter, those persons shall be required to lodge a reasonable assurance (hereinafter referred to as "security ') in order to pay the costs of the supervisory authority in cases where the right of initiative is not demonstrated by scrutiny. The amount of the security shall be determined by the head of the supervisory authority. The basis for the calculation of the amount of the security shall be the average cost of carrying out the control activity per inspector and per day according to the fact of the previous year. A security shall be lodged by the owner of the intellectual property right or by the person who has shown a legal interest in the matter on behalf of the supervisory authority within 15 days of the complaint. If the security is not lodged within the specified time limit, the supervisory authority shall not be obliged to investigate the complaint.
(3) The supervisory authority shall refer back the lodged security within 10 days of the end of the check if the check demonstrates the validity of the complaint. In the absence of evidence that the complaint is justified, the supervisory authority shall settle the costs actually incurred for the control carried out. In the event that the amount of the actual costs of supervision is lower than the amount of the security, the supervisory authority shall be obliged to refer back to the owner of the intellectual property right or to a person who has demonstrated a legal interest in the case within 10 days. Where the costs actually incurred are higher than the security lodged, the owner of the intellectual property right or the person who has demonstrated a legal interest in the case shall be obliged to pay the difference up to the amount of the costs actually incurred within 10 days of the date of receipt of the notification.
(4) In the event that the holder of an intellectual property right transmits to the supervisory authority false, inaccurate, incomplete or invalid documentation and where damage is incurred on the basis of such evidence by a decision of the supervisory authority of the controlled person, the owner of the intellectual property right shall be responsible for such damage. ';
(5) Paragraph 12 (1), including footnote 11, reads:
"(1) The seller is obliged to inform the consumer, in accordance with price regulations (11), of the price of the products or services sold or provided by a clear product designation, of the price or information about the price of the products or services otherwise appropriately made available.
11) Paragraph 13 (2) of Act No. 526 / 1990 Coll. § 5 (2) and (3) of Decree No. 580 / 1990 Coll., implementing Act No. 526 / 1990 Coll., on Prices, as amended by Decree No. 580 / 1992 Coll. '
6. In Article 16, at the end of paragraph 1, the dot is replaced by a comma and the words, including footnote 12a, are added: ', unless otherwise provided for in the specific legislation. 12a)
12a) Paragraph 31 (12) of Act No. 455 / 1991 Coll., on Business Business (Trade Act), as amended by Act No. 356 / 1999 Coll. '
7. In Paragraph 18, paragraphs 4 to 8 are added:
"(4) The seller shall inform the consumer of the amount of money for the purchase of back-up repayable packaging and make this information available at a visible location.
(5) The amount of the cash amount for the purchase of repayable back-up packages shall be determined by agreement between the manufacturer, the supplier and the seller. Manufacturers, suppliers and sellers shall comply with this amount in trade. The seller is obliged to apply the agreed amount of money to the consumer in both sale and redemption.
(6) The manufacturer or supplier shall inform the seller of the intended change in the amount of money for the returned back-up packaging delivered at least 60 calendar days before the amendment of the agreement referred to in paragraph 5. The purchase of back-up repayable packages shall not be stopped during this period.
(7) The seller shall inform the consumer for at least 30 calendar days prior to the date of the change or the end of the purchase of the refundable backup packaging. The purchase of such packages must not be stopped during this period.
(8) The manufacturer or supplier shall inform the seller at least 180 calendar days before the implementation of the intended change of the type of back-up retainer or the end of the buy-back of the back-up retainer. The purchase of such packages shall not be stopped during this period. ';
8. In Article 23 (1), the words "and § 8a 'and the words" § 7 to 9' are replaced by "§ 7, 8 and 9 'after the words" Except for supervision under paragraph 4'.
9. In Article 23, the following paragraph 2 is inserted after paragraph 1:
"(2) The supervisory authority referred to in Article 8a is the authorities referred to in paragraphs 1, 3 and 6. ';
Paragraphs 2 to 6 shall become paragraphs 3 to 7.
10. in Article 23 (3), the words "and Article 10 (4)" shall be inserted after the words "Paragraph 10 (1) (c)."
11. in Article 23 (5), the text "Sections 7, 8 and 9" is replaced by "Sections 7, 8 (1) and (4) and 9."
12.Paragraph 23 (6), including footnote 20, is deleted.
Paragraph 7 shall become paragraph 6.
13. in Article 23 (6), the text "§ 8 to 10" is replaced by "§ 8, 9 to 11."
14. in Article 23, paragraphs 7 and 8 are added, including footnotes 21a) to 21d):
"(7) Customs authorities which have carried out market surveillance in accordance with specific legislation21a) and have identified products or goods which fulfil the characteristics of a breach of the provisions of Paragraph 8 (2) and have been established that they are not products or goods under customs control shall be entitled to ensure such goods or goods. The findings and the products or goods secured shall be forwarded by the competent supervisory authority 21b) to carry out further proceedings.
(8) The Czech Trade Inspection Inspector or the Czech Agricultural and Food Inspection Officer who has carried out market surveillance under this Act and has identified products or goods which fulfil the characteristics of a breach of the provisions of Paragraph 8 (2) and has been shown to be products or goods under customs control, 21c) is entitled to provide such products or goods. The findings and the products or goods secured shall be forwarded to the competent customs authority (21a), 21d) for carrying out the customs procedure and further proceedings.
21a) Sections 1 and 9 of Act No. 191 / 1999 Coll., on measures concerning the import, export and re-export of goods infringing certain intellectual property rights and amending certain other laws.
21b) Act No. 63 / 1986 Coll., as amended. Act No. 64 / 1986 Coll., as amended.
21c) § 47 of Act No. 13 / 1993 Coll., Customs Act.
21d) § 11 of Act No. 13 / 1993 Coll., as amended by Act No. 113 / 1997 Coll. '
15. in Article 24 (1), the text "§ 8 (1) and (2)" is replaced by "§ 8 (1), (2), (3) and (4), (8a) (1)," the amount "500 000 CZK" is replaced by "1 000 000 CZK" and the amount "1 000 000 CZK" is replaced by "2 000 000 CZK."
EFFECTIVE
This Act shall take effect on the first day of the third month following its publication.
Klaus v. r.
Havel v. r.
Zeman v. r.
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Regulation Information
| Citation | Act No. 145 / 2000 Coll., amending Act No. 64 / 1986 Coll., on Czech Trade Inspection, as amended, Act No. 634 / 1992 Coll., on Consumer Protection, as amended, and Act No. 63 / 1986 Coll., on Czech Agricultural and Food Inspection, as amended, Act No. 110 / 1997 Coll. |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 12.06.2000 |
|---|---|
| Effective from | 01.09.2000 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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