Full text of Act No. 15 / 2004 Coll.
Full text of Act No. 539 / 1992 Coll., on Punching and Testing of Precious Metals (Puncture Act), as resulting from subsequent amendments
Valid
Contents
ČÁST PRVNÍ
HLAVA I
§ 1
§ 2
§ 3
§ 4
§ 5
HLAVA II
§ 6
§ 7
ČÁST DRUHÁ
HLAVA I
§ 8
§ 9
HLAVA II
§ 10
§ 11
§ 12
§ 13
§ 14
HLAVA III
§ 15
§ 16
§ 17
HLAVA IV
§ 18
§ 19
§ 20
§ 21
§ 22
§ 23
§ 24
HLAVA V
§ 25
§ 26
HLAVA VI
§ 27
§ 28
§ 29
ČÁST TŘETÍ
§ 30
§ 31
§ 32
§ 33
§ 34
ČÁST ČTVRTÁ
§ 35
§ 36
§ 37
§ 38
§ 39
§ 40
§ 40a
ČÁST PÁTÁ
HLAVA I
§ 41
§ 42
HLAVA II
§ 43
§ 44
§ 45
ČÁST ŠESTÁ
§ 46
§ 46a
§ 47
§ 48
§ 49
§ 50
§ 51
§ 52
§ 53
§ 54
§ 55
§ 56
§ 57
§ 58
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15
PRESIDENT OF THE GOVERNMENT
Announces
full text of Act No. 539 / 1992 Coll., on Punching and Testing of Precious Metals (Puncture Act), as follows from amendments made by Act No. 19 / 1993 Coll. and Act No. 127 / 2003 Coll.
THE LAW
on punking and testing of precious metals (punk law)
The Federal Assembly of the Czech and Slovak Federal Republic decided on this law:
INTRODUCTORY PROVISIONS
Subject matter
The law rules
(a) punking and testing of precious metals;
(b) the rights and obligations of legal and natural persons producing, selling or otherwise marketing articles of precious metal.
Definition of terms
Precious metals
For the purposes of this Act, precious metals are gold, silver, platinum, paladium, iridium, rhodium, ruthenium and osmium.
Articles of precious metal
(1) For the purposes of this Act, articles of precious metal shall be regarded as:
(a) jewellery, jewellery, medal and other articles of goldsmiths' or silver alloys of gold, silver or platinum which may be combined with natural or synthetic stones, pearls, enamels, coral, glass and other non-metallic materials ("goods");
(b) jewellery alloys, semi-finished products and solders of precious metal (hereinafter referred to as "jewellery alloys"), intended for the manufacture and repair of goods,
(c) precious metal alloys used in dental care (dental precious metals);
(d) Czech coins of precious metals issued under special legislation1 (hereinafter referred to as "Czech coins");
(e) leaf gold and silver,
(f) worn, incomplete or damaged goods traded generally at the price of the precious metal contained therein (fractions).
(2) For the purposes of this Act, goods shall not be considered as:
(a) articles of gold of a purity of less than 333 / 1000;
(b) silver products of a purity of less than 500 / 1000;
(c) articles of platinum having a purity of less than 800 / 1000;
(d) instruments, instruments and other articles of precious metal intended for technical, scientific, laboratory, teaching or similar purposes, irrespective of their purity.
(3) Goods are only allowed to be produced or imported from abroad for domestic trade if they have the legal purity provided for by this Act (§ 5).
For the purposes of this Act:
(a) domestic goods of goods produced within the territory of the country after the entry into force of this Act, including goods resulting from the substantial modification of other goods;
(b) foreign goods imported from abroad after the entry into force of this Act by an entrepreneur, (2) whose business involves trading in articles of precious metal (the trader);
(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,
(d) the goods being repaired, the goods officially marked, for which the component marked with the hallmark must be replaced at the time of repair, or for which the hallmark must be damaged at the time of repair, unless the client has requested in writing that the repair be carried out without an official mark;
(e) a registered alloy jewellery alloy which is entered in the list of registered alloys (Section 49),
(f) manufacturer of the entrepreneur, (2) whose subject matter involves the manufacture or repair of goods or the manufacture or processing of jewellery alloys or the production of Czech coins or precious metal. The producer is also a person who carries on any of the above activities on the basis of a non-commercial right (2a), or his activity in the production or repair of goods, consists in implementing the results of his own intellectual creative activity protected by a special law, 2b)
(g) trading sales, including procuring sales, offering for sale, buying for resale and selling of second-hand goods,
(h) a trade mark normally of two to three-digit alphanumeric characters assigned by the Punk Office (Section 6), based on the name and surname or business name of the manufacturer, with additional characteristics, situated in a characterising boundary, intended for labelling by the manufacturer of the goods produced;
(i) a two to three-digit alphanumeric character, assigned by the Punctual 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.
Legal purity
(1) Rust means the relative weight of precious metal in the alloy expressed in thousands (1 / 1000), so pure metal has a purity of 1000 / 1000. The laws are
(a) for goods of gold:
| ryzost č. 0 | 999/1000 |
| ryzost č. 1 | 986/1000 |
| ryzost č. 2 | 900/1000 |
| ryzost č. 3 | 750/1000 |
| ryzost č. 4 | 585/1000, |
(b) for silver goods:
| ryzost č. 0 | 999/1000 |
| ryzost č. 1 | 959/1000 |
| ryzost č. 2 | 925/1000 |
| ryzost č. 3 | 900/1000 |
| ryzost č. 4 | 835/1000 |
| ryzost č. 5 | 800/1000, |
(c) for platinum goods:
| ryzost č. 0 | 999/1000 |
| ryzost č. 1 | 950/1000 |
| ryzost č. 2 | 900/1000 |
| ryzost č. 3 | 850/1000 |
| ryzost č. 4 | 800/1000. |
(2) The purity 580 / 1000 in the case of gold goods is considered to be the lowest legal purity.
Punching and testing bodies for precious metals
(c) Ministry of Industry and Trade (hereinafter referred to as "Ministry ') and the Punctual Office. (c)
cancelled.
PUNCAL CONTROL
Subject matter and scope of punk control
The inspection shall consist of the detection and verification of the purity and prescribed state of the goods provided for by this Law. The result of the punk check is the official marking of the goods is the hallmark mark of the relevant legal purity ("the hallmark ') or by other means provided for by this law or its breaking (§ 22 (1)).
(1) Compulsory punk control, unless otherwise specified below (Sections 27 and 50 (1) and (2)), is subject to:
(a) domestic and foreign goods intended for domestic trade;
(b) old goods where they are to be traded;
(c) repair goods.
(2) Other old goods may be presented for punk check.
Testing of goods
Domestic goods
(1) Domestic goods are presented for inspection by the manufacturer as complete, cleaned and in such a condition that they can be tested and labelled without undue manipulation. The goods must be so prepared that, when marked, the hallmark cannot be damaged, altered or removed.
(2) The manufacturer is required to notify in writing the type, weight, number and purity of the domestic goods when presented. If the domestic goods are made of an alloy other than a registered alloy, the manufacturer shall also notify in writing the type and quantity in the alloy of the metals used when submitted.
(3) Domestic goods must be constructed in such a way that the punch mark can be permanently marked, unless the manufacturer exceptionally agrees with the Punk Office otherwise.
(4) The domestic goods presented must be permanently marked by the manufacturer with the assigned mark on the spot, as determined by the Punk Office, in such a way that the punch mark can be placed next to it.
Foreign goods
(1) Foreign goods, in the absence of a case referred to in paragraph 4, shall be presented for inspection by the trader who imported them, together with a decision under customs procedure for the release of foreign goods for free circulation. 4)
(2) The trader shall submit foreign goods for inspection no later than 30 days after the legal authority of the decision referred to in paragraph 1.
(3) Foreign goods presented for inspection by the trader must be permanently marked or be permanently marked with the assigned mark on the spot provided for by the Punk Office so that it is possible to place the hallmark next to it.
(4) Foreign goods which come from a Member State of the European Union and which are not officially labelled in accordance with Paragraph 50 (2) are presented for inspection by the trader who imported them together with the documents proving their origin.
(5) Paragraph 10 (1) to (3) applies mutatis mutandis to the presentation of foreign goods.
Old and repaired goods
(1) The old goods to be traded are presented for inspection by the trader indicating the number of pieces, type and weight of the old goods.
(2) Old goods may also be presented by persons other than traders for the purposes of the punk check referred to in paragraph 1.
(3) The rectified goods are presented for a punk check by the manufacturer together with the changed component.
If the person who is required to submit the goods (hereinafter referred to as "the petitioner ') fails to comply with the obligations set out in Sections 10, 11 (1), (3) to (5) and 12, the Puncture Office shall not accept the goods for inspection.
Test of purity of goods
(1) Testing of the purity of the goods is carried out by the Puncture Office on a Prussian stone or by other non-destructive means or by chemical means.
(2) A chemical purity test ("chemical test") shall be carried out by the Puncture Office where domestic or foreign goods are manufactured from an alloy other than a registered alloy or where the non-destructive test referred to in paragraph 1 is not conclusive.
(3) In the case of old goods or repaired goods, the Puncture Office may perform a chemical test only with the consent of the petitioner. If the petitioner refuses consent, the Punk Office shall return the old or repaired goods.
(4) In order to perform the chemical test, the Puncture Office is entitled to take the necessary sample of the goods tested unless submitted by the petitioner.
Prescribed status of goods
Allowed combinations
(1) Goods presented for punk inspection may also be made of the same precious metal of different legal purity or of different precious metals.
(2) The components required to achieve the necessary strength and elasticity of the goods may be made of base metal; in other cases, prior consent of the Punk Office is required. Components of base metal shall be easily identifiable and, where technically possible, marked "METAL '.
(3) In the case of a jewellery alloy used for the manufacture of goods, the manufacturer or importer shall ensure that it is chemically tested in the way of purity; The alloy may contain only metals in addition to the base precious metal, the use of which is permitted by the implementing regulation. Metals containing up to 3 / 1000 shall not be taken into account.
(4) Metallic coating of the goods may be carried out only to such an extent as to enable the non-destructive test to determine the content of precious metal in the base alloy. The metal coating of precious metal by coating of base metal is not permitted, even in the form of an interlayer.
(5) Exemptions from paragraphs 3 and 4 may be granted in justified cases by the Puncture Office.
Soldering domestic or foreign goods
(1) For the soldering of goods, with the exception of platinum, a solder of the same precious metal from which the goods are manufactured must be used. A golden solder may be used to solder platinum goods.
(2) Only a solder of purity laid down in the implementing Regulation may be used for soldering goods.
(3) The use of other solders or fasteners with non-metallic material is only possible after prior approval of the Punk Office or in cases provided for in the implementing legislation.
(4) When soldering silver and platinum goods, soldering solders may be used only in the quantities strictly necessary for soldering; shall not be used to amplify or fill in goods.
Paragraphs 15 and 16 shall apply mutatis mutandis to old and repaired goods.
Official labelling and handling of defective goods
Goods having legal integrity, prescribed status and complying with legislation, 4a) The hallmark office shall permanently mark the relevant hallmark or otherwise mark it under this law. If the goods have a defect that can be removed, the Punk Office shall issue the goods to the petitioner and make the mark after it has been removed.
For every legal purity and precious metal a hallmark mark is provided. Special punch marks are for old goods that are not even the lowest legal purity. The representation and description of the hallmarks and the "METAL 'mark shall be laid down in an implementing regulation.
(1) The punchmark for the lowest legal purity shall be marked by the punchoffice of goods which have a different purity than legal but higher than the lowest legal purity.
(2) Goods made of the same precious metal, two or more different legal purity, shall be marked with a punk mark of lower or lower legal purity.
(3) If the goods are made of more than one precious metal, they shall be marked with the corresponding hallmarks for the precious metal used, using no marks of those metals of less than one fifth of the weight of the article and weighing less than 0,5 grams.
(4) In the case of an agreement pursuant to Paragraph 10 (3), or where this is particularly appropriate because of the nature, shape or dimensions, the Puncture Office shall designate the goods by hanging the seal with the hallmark or issuing the certificate.
(1) If gold or silver old goods have a prescribed status and do not have the lowest legal purity (§ 5), they shall be marked with a hallmark for old goods.
(2) If the old goods cannot be marked with a permanent punch mark without damage, the Punk Office shall mark them by hanging the patch seal or issuing a certificate.
(3) The provisions of paragraphs 1 and 2 shall apply mutatis mutandis to repair goods.
Handling of defective goods
(1) Goods, with the exception of goods of old or repaired which do not comply with the requirements laid down, shall be broken by the Punk Office, unless otherwise specified.
(2) The remnants of broken and unmarked old or repaired goods are returned by the Punk Office to the petitioner.
(3) Domestic and foreign goods may only be broken by the Punk Office if:
(a) no appeal can be brought against the decision of the Punk Office (Sections 25 and 26);
(b) the petitioner has expressly waived the right to appeal;
(c) upon fulfilment of the conditions set out in (a) or (b), the declarant of the foreign goods did not comply with the provisions of Article 23.
(1) If, within seven days of the date of receipt of the notification of the result of the punk check, the petitioner confirms in writing to the Punk Office that the defective foreign goods will be exported outside the Czech Republic, and within an additional 20 days the Punk Office will lodge a monetary guarantee equal to twice the value of the precious metal contained in the foreign goods, the Punk Office will issue them to him.
(2) If, within the period laid down by the Punk Office when the goods are issued pursuant to paragraph 1, the petitioner proves that he has exported the goods outside the Czech Republic, the Punk Office shall return the money security; otherwise the money security shall be forfeit to the State budget. The time limit shall not be less than 15 days.
(3) It may proceed in accordance with paragraph 1 even after a decision on an appeal (Sections 25 and 26).
(4) Until the entry into force of the Treaty of Accession of the Czech Republic to the European Union, the condition of 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 from the Slovak Republic.
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.
Appeals
Appeals
(1) An appeal against the result of the punk check (Section 8) is an appeal on the basis of which a repeated test of purity or prescribed state of goods is carried out.
(2) The appeal shall be lodged with the Punk Office within seven days of the date of notification of the result of the punk check. The Punk Office decides the appeal. The appeal against the result of the punk control provided for in Sections 18 and 21 does not have suspensory effect.
(3) If the appeal is directed against the result of the purity test of the goods (§ 14), the Punk Office shall perform a repeated test chemically.
(4) Where there are grounds for doing so, the Punk Office shall officially indicate the goods in appeal proceedings or amend the original marking or remove them; otherwise confirm the result of the punk check.
(5) The appeal shall not be admissible after notification by the petitioner pursuant to Paragraph 23 (1).
Application for final testing of the purity of the goods
(1) An appeal against the decision of appeal is a request for a final examination of the purity of the goods.
(2) The application for final testing of the purity of the goods shall be submitted in writing to the head of the Punk Office within seven days of receipt of the decision on appeal. The application shall be decided by the Head of the Punk Office on the basis of a proposal from the Commission set up by it.
(3) No appeal shall be made to the decision on the application for final examination of the purity of the goods.
(4) Paragraph 25 (3) to (5) applies mutatis mutandis.
Exemptions from punk control and compensation
(1) Compulsory punk control
(a) goods
1. enamel completely coated,
2. for which the weight of precious metal is of inferior importance to the weight of the other materials used (e.g. mere caps or frames and stone handles, handles),
3. a very low weight not exceeding the limit specified in the implementing regulation,
(b) foreign goods placed under customs procedure for transit (5) or for economic purposes (5a)
(c) domestic goods intended for export, 5b)
(d) the old goods referred to in the implementing regulation.
(2) The goods referred to in paragraph 1 (c) may be presented for inspection; if such goods are to be officially marked, they shall comply with the conditions laid down by this law.
(3) Punctual checks are not subject to Czech and foreign coins, even if they are part of the goods which are subject to and are freely linked to the check.
(4) In doubt as to whether goods are subject to punk checks, the Punk Office will decide.
(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"). If, in particular due to the nature, shape or size of the goods, this is appropriate, the Punk Office shall proceed in accordance with Paragraph 20 (4).
(2) The official non-designated goods referred to in § 27 (1) (a) may be traded within the territory of the country, provided that they otherwise comply with the conditions laid down in this Act and that the non-officially designated goods referred to in § 27 (1) (d).
Liability for damage
(1) The Puncture Office is responsible for the damage, loss or destruction of goods which it has taken in order to carry out the mandatory punk check, unless the damage would otherwise have occurred.
(2) The Punk Office shall not be liable for damage if:
(a) the damage to the goods has occurred as a result of a chemical test if the Punk Office has carried out it properly and has been authorised to carry it out under this law;
(b) The Punk Office has broken domestic or foreign goods in accordance with this Act.
(3) In other cases, the Puncture Office shall be liable in accordance with the provisions of the General Rules on Liability for Damage.
TESTING OF OTHER PRODUCTS AND MATTERS OF RAW METAL
Czech Coins
The manufacturer of Czech coins is obliged to submit samples from the stamping to the Punk Office to verify purity. Without the consent of the Punk Office, the manufacturer may not deliver the stamping to the customer; The provisions of the Specific Regulations (6) are not affected by this.
Contents
ČÁST PRVNÍ
HLAVA I
§ 1
§ 2
§ 3
§ 4
§ 5
HLAVA II
§ 6
§ 7
ČÁST DRUHÁ
HLAVA I
§ 8
§ 9
HLAVA II
§ 10
§ 11
§ 12
§ 13
§ 14
HLAVA III
§ 15
§ 16
§ 17
HLAVA IV
§ 18
§ 19
§ 20
§ 21
§ 22
§ 23
§ 24
HLAVA V
§ 25
§ 26
HLAVA VI
§ 27
§ 28
§ 29
ČÁST TŘETÍ
§ 30
§ 31
§ 32
§ 33
§ 34
ČÁST ČTVRTÁ
§ 35
§ 36
§ 37
§ 38
§ 39
§ 40
§ 40a
ČÁST PÁTÁ
HLAVA I
§ 41
§ 42
HLAVA II
§ 43
§ 44
§ 45
ČÁST ŠESTÁ
§ 46
§ 46a
§ 47
§ 48
§ 49
§ 50
§ 51
§ 52
§ 53
§ 54
§ 55
§ 56
§ 57
§ 58
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Regulation Information
| Citation | Full text of Act No. 15 / 2004 Coll., Act No. 539 / 1992 Coll., on Punching and Testing of Precious Metals (Puncture Act), as resulting from subsequent amendments |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 20.01.2004 |
|---|---|
| Effective from | - |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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