Act No. 155 / 2010 Coll.
Law amending certain laws to improve their application and reduce the administrative burden on entrepreneurs
Valid
Effective from 01.08.2010
Zobrazeno prvních 200 z celkem 416 ustanovení tohoto předpisu.
Zobrazit celý předpis →
Pro stažení celého znění použijte tlačítko Stáhnout výše.
155
THE LAW
of 21 April 2010
amending certain laws to improve their application and reduce the administrative burden on entrepreneurs
Parliament has decided on this law of the Czech Republic:
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., Act No. 64 / 2000 Coll., Act No. 151 / 2002 Coll., Act No. 320 / 2002 Coll., Act No. 227 / 2003 Coll., Act No. 227 / 2003 Coll., Act No. 439 / 2003 Coll., Act No. 119 / 2004 Coll.
1. in Article 2 (1) (a):
"(a) by the consumer, a natural person who does not act in the course of his business or in the context of the independent pursuit of his profession;"
2. Paragraph 8a (1) is deleted.
Paragraphs 2 to 4 shall be renumbered paragraphs 1 to 3.
3. in Article 10 (1) (a), the words "the name of the product" shall be deleted and after the word "the supplier" shall be inserted the words "and, where the nature of the product or the form of sale so requires, the name of the product,";
4. Paragraph 14, including footnotes 11b and 11c, shall be deleted;
5. In Article 23 (5), the words "Article 14 (2) 'are deleted.
6. in Article 24 (7), points (j) and (k) are deleted;
Points (l) to (x) shall be renumbered as points (j) to (v).
7. in Article 24 (9) (a), "(q), (s), (u), (w)" is replaced by "(o), (q), (s), (u)."
8. In Article 24 (9) (b), "(r), (t), (v) 'is replaced by" (p), (r), (t)';
9. in Paragraph 24 (9) (d), "x" is replaced by "v."
Amendment of the Act on Czech Trade Inspection
Act No. 64 / 1986 Coll., on Czech Trade Inspection, as amended by Act No. 189 / 1990 Coll., Act No. 240 / 1992 Coll., Act No. 22 / 1997 Coll., Act No. 110 / 1997 Coll., Act No. 71 / 2000 Coll., Act No. 145 / 2000 Coll., Act No. 102 / 2001 Coll., Act No. 321 / 2001 Coll., Act No. 205 / 2002 Coll., Act No. 309 / 2002 Coll., Act No. 226 / 2003 Coll., Act No. 281 / 2009 Coll., Act No. 444 / 2005 Coll., Act No. 229 / 2006 Coll., Act No. 160 / 2007 Coll., Act No. 36 / 2008 Coll., Act No. 281.
1. in Article 2 (2) (a), the words "and requirements for personal hygiene and safety of operations" shall be deleted;
2. in Article 2 (2), points (c) and (f), including footnote 1c, are deleted;
Points (d), (e), (g) and (h) shall be renumbered (c), (d), (e) and (f).
3. in Article 3 (e), the words "misleading consumer" are replaced by the words "misleading commercial practice 1h" and the words "proven misleading by consumers" are replaced by the words "proven misleading commercial practice."
Footnote 1h:
"1h) § 5 of Act No. 634 / 1992 Coll., on Consumer Protection, as amended by Act No. 36 / 2008 Coll. '.
footnote 1h shall be renumbered footnote 1i, including the footnote references.
4. In Article 4 (d), the words "misleading consumers' are replaced by the words" misleading business practices 1h '.
5. In Paragraph 4 (1) (e), the words "and the results thereof and their results have been reported by the Czech Trade Inspection Office within a specified time limit" are deleted.
(6) Paragraph 5a shall be deleted, including footnote 3.
7. In Article 6 (3), the words "and to report on them and their results within the prescribed time limit 'are deleted.
8. in Article 9 (1), point (a) is deleted;
Points (b) to (e) shall be renumbered as points (a) to (d).
9. in Article 9 (1) (b), the words "the requirements laid down for personal hygiene or safety of operations, or other, shall be deleted;
Amendment to the Act on Technical Requirements for Products
Act No. 22 / 1997 Coll., on Technical Requirements for Products and on the Amendment and Addition of Certain Acts, as amended by Act No. 71 / 2000 Coll., Act No. 102 / 2001 Coll., Act No. 205 / 2002 Coll., Act No. 226 / 2003 Coll., Act No. 277 / 2003 Coll., Act No. 186 / 2006 Coll., Act No. 229 / 2006 Coll., Act No. 481 / 2008 Coll., Act No. 281 / 2009 Coll. is amended as follows:
1. In the second sentence of Article 11 (1), the words "in agreement with ministries and other central administrations whose competence concerns the assessment of specified products by authorised persons' are deleted.
2. In Article 11 (1), the third sentence is deleted.
3. In the fourth sentence of Article 11 (1), the words "lay down the conditions for compliance with the uniform procedure of authorised persons in their activities and define their scope 'shall be replaced by the words" define its scope and lay down the conditions for compliance with the uniform procedure of authorised persons in their activities'.
4. In the first sentence of Article 11 (2), the words "may issue 'shall be replaced by" shall publish' and in the second sentence, the words "may issue 'shall be replaced by the words" may issue'.
5. In Article 11 (2), the last sentence is deleted.
6. In Article 11 (3), the second sentence is deleted.
7. In Article 11 (4), the third sentence is replaced by the following: "When requesting information and documentation to carry out an inspection by the Office or by persons invited by it, they may not request the provision of information and documents already received by the Office or invited persons in carrying out previous checks in connection with the implementation of the authorisation, unless they have changed their content."
8. In Paragraph 11, the sentence "If no derogation under the third sentence is granted, the staff of the authorised person shall be required to submit documentation upon request. 'is added at the end of paragraph 4.
9. In Article 11 (5), the words "after consulting the participating ministries and other central administrations' are deleted.
10. in Article 16 (4), the words "by examining his application; the amount of costs shall be decided by 'replaced by' accreditation, including advance payments. If the conformity assessment body fails to pay an advance within the time limit set by the accreditation body, the accreditation body shall suspend the procedure. ';
11. in Article 16 (6), the first sentence is: "The accreditation body shall subsequently verify the conformity assessment body's costs, compliance with the requirements."
12. In Article 16 (7), the sentence "The appeal against other decisions and the resolution of an accreditation body shall be inserted after the first sentence. ';
Amendment to the Metrology Act
Act No. 505 / 1990 Coll., on Metrology, as amended by Act No. 119 / 2000 Coll., Act No. 13 / 2002 Coll., Act No. 137 / 2002 Coll., Act No. 226 / 2003 Coll., Act No. 444 / 2005 Coll., Act No. 481 / 2008 Coll. and Act No. 223 / 2009 Coll., is amended as follows:
1. In Article 5 (1), the last sentence is deleted.
2. In Article 5 (5), the words "calibration service centre 'are replaced by the words" accredited calibration laboratories and foreign bodies which guarantee a comparable metrological level'.
3. Paragraph 5 (6) reads as follows:
"(6) The method of connecting the working meters shall be determined by the user of the measuring instruments. Calibration of work meters may be ensured by their users by means of their main etalons or by other domestic or foreign entities having the main etalons of the relevant quantities established in accordance with paragraph 5. ';
4. In Article 6, the following paragraph 10 is added:
"(10) The type approval shall not be subject to measuring instruments which are already in use and are newly categorised as specified measuring instruments. ';
5. In Article 9, the following paragraph 3 is inserted after paragraph 2, including footnote 5:
"(3) The manufacturer's conformity marking and marking shall also be considered as the official mark of the initial verification under this Act, placed on a designated measuring instrument which has been placed on the market under the special legislature5).
5) For example, Government Regulation No. 326 / 2002 Coll., laying down technical requirements for non-automatic weighing instruments and Government Regulation No. 464 / 2005 Coll., laying down technical requirements for measuring instruments. '
Paragraphs 3 to 6 shall be renumbered paragraphs 4 to 7.
6. In Paragraph 9 (7), "5 'is replaced by" 6'.
7. § 9a, including the title:
Cash-packed goods and bottles of a kind used as measuring containers for prepackaged goods
(1) For the purposes of this Act, cash-packed goods means a combination of the product and packaging into which the product is cash-packed. The product is packaged in cash if it is placed in any kind of packaging without the buyer being present, the quantity of the product contained in the packaging, expressed as volume or weight, having a pre-determined value which cannot be changed without opening or apparent breaching the packaging.
(2) By decree, the Ministry may determine the nominal volumes or weights of pre-packaged goods which may only be marketed in such nominal volumes or masses.
(3) Packages of pre-packaged goods are entitled to place on the market goods marked "e" if:
(a) they have a system in place to check the accuracy of the quantities, ensuring compliance with the requirements laid down in the Decree, including evidence of frequency and measurement results, have notified the Czech Metrology Institute in writing of the placing on the market of pre-packaged goods marked with the symbol "e" and at the same time have forwarded to the Czech Metrology Institute documentation containing production control procedures for the quantity of goods in the package,
(b) the tolerances for the contents of the pre-packaged goods laid down in the Order are complied with;
(c) the particulars provided for in the Order appear on the packages of cash packaged.
(4) Importers shall be entitled to place pre-packaged goods marked "e" on the market provided that they have shown to the Czech Metrology Institute that the foreign packing centre complies with the requirements set out in paragraph 3.
(5) The metrological inspection of pre-packaged goods marked "e" to determine whether the conditions laid down in paragraph 3 are met is carried out by the Czech Metrology Institute; where the conditions are met, issue a certificate the formalities of which are laid down by the Ministry by means of a decree, issue a protocol confirming the validity of the certificate at the time of repeated checks.
(6) Manufacturers and importers of bottles used as graduated packaging for pre-packaged goods ("bottles") are entitled to place on the market bottles bearing the symbol "3" if:
(a) have a certificate of metrological control of bottles issued by the Czech Metrology Institute, except in the cases provided for in Section 12 (1); the methods and methods of metrological control of bottles and the formalities for certificates of metrological control of bottles shall be laid down by the Ministry by decree;
(b) tolerances in the volume of bottles are respected;
(c) indicate on the bottles the identification mark provided for by the Decree.
(7) Metrological inspection of bottles marked "3" to determine whether the conditions laid down in paragraph 6 are met is carried out by the Czech Metrology Institute.
(8) The Czech Metrology Institute is entitled to take samples for substitution from packers or importers of pre-packaged goods marked with the symbol "e" and from manufacturers or importers of bottles marked with the symbol "3" for metrological control. For the samples taken, the Czech Metrology Institute will provide compensation at the level of the selling price. The refund shall not be granted if the packer, producer or importer surrenders it. No refund entitlement shall be granted if the pre-packaged goods bearing the symbol "e 'or the bottles bearing the symbol" 3' do not comply with the requirements laid down in the Order.
(9) The distributor shall act in such a way as to prevent the distribution of prepackaged goods or bottles marked with the symbol "3 'which do not comply with the requirements laid down in this Act and the implementing legislation concerning the nominal volumes and weights and the mandatory particulars given on packages of prepackaged goods marked with the symbol" e' and on bottles marked with the symbol "3 '.
8. In Paragraph 13 (1) (c), the words "mandates centres of calibration services' are deleted.
9. in Paragraph 13 (1), point (d) is deleted;
Points (e) to (i) shall be renumbered (d) to (h).
10. in Article 13 (1) (f), the words "centres of calibration service" shall be deleted;
11. in Paragraph 13 (1) (g), the words "Centre of the calibration service" shall be deleted;
12. in Paragraph 14 (1), including footnotes 2b and 2c:
"(1) Czech Metrology Institute
(a) carry out metrological research and conservation of state etalons, including the transfer of measurement unit values to meters of lower accuracy;
(b) carry out certification of reference materials;
(c) carry out state metrological control of measuring instruments;
(d) register the bodies which repair and, where appropriate, carry out the installation of the measured instruments;
(e) carry out state metrological surveillance at authorised metrology centres, at bodies authorised to carry out official measurements, at bodies producing or repairing specified measuring instruments, and where appropriate, at the use of measuring instruments;
(f) carry out research and development in the field of electronic communications and participate in international cooperation in this field;
(g) carry out metrological checks on pre-packaged goods and bottles;
(h) assess conformity and carry out product testing to the extent granted by authorisation or accreditation in accordance with legislation governing the field of technical requirements for products 2b);
(i) assess the technical competence of measuring equipment and technical equipment for electronic communications use;
(j) issue measures of general nature2c) pursuant to § 24c and 24d;
k) provides expertise in metrology.
2b) Act No. 22 / 1997 Coll., on technical requirements for products and amending and supplementing certain laws, as amended.
2c) Part of Sixth Act No. 500 / 2004 Coll., Administrative Regulation. '.
13. In Paragraph 19 (1), the first sentence is replaced by the sentence "Entities intending to repair or install the specified meters shall submit an application for registration to the Czech Metrology Institute."
14. Article 20 shall be deleted;
15. in Article 23 (1) (d):
"(d) verify a specified measuring instrument without authorisation pursuant to § 14 or 16, or carry out official measurements without authorisation pursuant to § 21, or repair or repair the specified measuring instrument without registration pursuant to § 19 of this Act;"
16. in Article 23 (1) (h):
"(h) has placed on the market or distributed pre-packaged goods marked" e "or bottles marked" 3 "in contravention of § 9a (3), (4), (6) or (9), or has placed on the market or distributed pre-packaged goods in breach of § 9a (2)."
Transitional provisions
1. The administrative procedure concerning the delegation of the body as a calibration service centre initiated before the date of entry into force of this Act shall be terminated.
2. The delegation of bodies as centre of the calibration service to date shall be revoked.
3. Calibration of measuring instruments performed by centres of calibration service before the date of entry into force of this Act shall continue to apply.
Amendment of the Trade Act
Act No. 1 / 2006, Act No. 1 / 2006, Act No. 5 / 2006, Act No. 5 / 2006, Act No. 5 / 2006, Act No. 5 / 2006, Act No. 5 / 2006, Act No. 5 / 2006, Act No. 5 / 2006, Act No. 5 / 2006, Act No. 5 / 2006, Act No. 5 / 2006, Act No. 5 / 2006, Act No. 5 / 2006, Act No. 5 / 2006, Act No. 5 / 2006, Act No. 5 / 2006, Act No. 6 / 2004, Act No. 6 / 2006, Act No. 6 / 2004, Act No. 6 / 2006, Act No. 6 / 2006, Act No. 6 / 2004, Act No. 6 / 1999, Act No. 6 / 1999, Act No. 6 / 1999, Act No. 6 / 1999, Act No. 5, Act No. 6 / 1999, Act No. 5, Act No. 6 / 1999, Act No. 5, Act No. 6 / 1999, Act No. 5, Act No. 5, Act No. 6, Act No 2006, Act No. 6, Act No. 6, Act No 2006, No 2006, Act No. 2006, No 2006, No 2006, No 2006, No 2006, No 2006, No 2006, No 1999, No. 6, No. 2006, No. 2006
1. in Article 3 (3) (d), the words "trade in electricity, trade in gas," shall be inserted after the words "storage of gas."
2. In Paragraph 5 (2), the first sentence is replaced by the sentence "A natural person who does not reside in the Czech Republic or a legal person who does not have his registered office in the Czech Republic (hereinafter referred to as" a foreign person ") may engage in business in the Czech Republic under the same conditions and to the same extent as a Czech person unless there is something else in this or special law."
3. Paragraph 6 (2) reads as follows:
"(2) For the purposes of this law, a person who has been lawfully convicted of a criminal offence committed intentionally if the offence has been committed in connection with a business or with an object of business which he or she requests or declares, unless it is considered as having been convicted, shall not be deemed to be righteous. '
4. In Article 6, the following paragraph 4 is added:
"(4) For the purposes of the assessment of integrity, the trade office shall be entitled to request a copy of the final decision from the court. Where the decision does not contain the facts relevant for the assessment of integrity, the trade office shall be entitled to consult those parts of the criminal file which contain those facts. ';
5. Article 6a is deleted.
6. in Article 10 (1) (a), the words "or, where the declaration indicates a later date on which the trade licence is established," shall be deleted.
7. In Paragraph 14, the first sentence is replaced by the following: "In the case of a merger or division of a trading company or cooperative or in the case of a transfer of assets to a partner in accordance with the procedure laid down in the special legislation 29a), the successor trading company or cooperative which does not yet have the right to trade, may continue to engage in business on the basis of a business authorisation of a company or a cooperative, provided that, within 15 days of the date of the legal effects of the merger, division or transfer of assets to a partner, it notifies the business office of the business activity or applies for a concession under that law."
Footnote 29a reads:
"29a) Act No. 125 / 2008 Coll., on Transformations of Commercial Companies and Cooperatives, as amended. '.
8. in Paragraph 21 (1) (d), the word "or" shall be deleted;
9. In Article 21 (1), the word "or 'shall be added at the end of point (e).
10. Footnote 30a:
"30a) Decree No. 21 / 1991 Coll., on the closer conditions for ensuring the requalification of jobseekers and employees, as amended by Decree No. 324 / 1992 Coll. Decree No. 524 / 2004 Coll., on the accreditation of equipment for the re-qualification of jobseekers and jobseekers. Decree No. 176 / 2009 Coll., laying down the details of the application for accreditation of the training programme, the organisation of the training in the retraining establishment and the method of its termination. '
11. in Paragraph 31 (3):
"(3) The entrepreneur shall demonstrate to the supervisory authority, at his request and within the time limit set by him, how the goods or material used for the provision of services sold are acquired. ';
12.Paragraph 31 (11) reads as follows:
"(11) If the trader notifies the trade office of the interruption of the business, the business shall be interrupted on the date of receipt of the notice of interruption of the business of the business office or on a later date specified in the notification. At the time of the interruption of the business activity, entrepreneurs shall be subject to the obligations imposed by this law in addition to those laid down in paragraphs 2, 9 and 17, in paragraphs 4 and 8 of Section 17 and to the conditions of professional or other competence, where required by that law or by the specific rules governing the business operation. ';
13. In Paragraph 31, the following paragraph 16 is inserted after paragraph 15:
"(16) The entrepreneur shall notify the business office at the latest by the date of cessation of business at the establishment of the address at which his potential liabilities may be settled. The entrepreneur shall also report any change of address according to the first sentence for a period of 4 years from the date of cessation of business in the establishment. '.
Paragraphs 16 to 18 shall become paragraphs 17 to 19.
14. Article 31a shall be deleted;
15. in Articles 45 (2) (a) and (c), 45 (3) (a), 47 (2) (a), 47 (3) (a) and 60 (2) (a), the word "otherwise" shall be deleted;
16. in Paragraph 45 (2) (h):
"(h) the period of stay permitted in the case of a person subject to an obligation to stay authorised in accordance with Article 5 (5)."
17. in Article 45 (2), points (i) and (j) are deleted;
18. in Paragraph 45 (3) (a), the words "citizenship," shall be deleted;
19. in Article 45 (3), the comma at the end of point (f) shall be replaced by a dot and points (g) to (i) shall be deleted;
20. in Paragraph 46 (2) (c):
"(c) proof that a legal person has been established or established where registration in a commercial or similar register has not yet been carried out or evidence that the legal person is registered in the relevant register, with the exception of the commercial register, if the registration has already been carried out; a foreign legal person extract from a commercial or similar register held in the State of residence and proof of the operation of the business abroad; evidence of the operation of an undertaking abroad is not provided by a legal person having its registered office, central administration or principal place of business in a Member State of the European Union; the extract from the register shall not be more than 3 months old; ';
21. Footnote 31d reads:
"31d) § 108 of Act No. 561 / 2004 Coll. Decree No. 12 / 2005 Coll., on the conditions for recognition of equivalence and nostallization of certificates issued by foreign schools. '
22. in Paragraph 47 (2) (e):
"(e) the period of validity of the trade licence; in the case of a person subject to an obligation to have an authorised stay pursuant to Article 5 (5), that period shall be understood as the period of stay permitted; ';
23. in Paragraph 47 (3) (c):
"(c) the period of validity of the trade licence;"
24. in Paragraph 47 (8):
"(8) If the person referred to in paragraph 7 provides proof of residence in accordance with the special legislation 24b) within 6 months of the date of issue of the certificate referred to in paragraph 7, the trade mark office shall, within 5 days, issue an extract in accordance with Article 10 (4). If that person has not provided proof of residence within the prescribed period, he has not complied with the conditions for the establishment of a trade permit; the trade office shall postpone the declaration. ';
25. In Paragraph 48 (1), the words "and the institution or organisation which, under a special law, keeps a register of all insured persons in general health insurance" shall be replaced by the words "an authority or organisation which, under a special law, maintains a register of all insured persons in general health insurance, and a register court with persons who are registered in a commercial register."
26. In Paragraph 48 (2), the words "the notifier 'are replaced by the words" the declaration of trade has been postponed, the interruption of the business, the fact that the notifier or the applicant for the concession'.
27. in Article 49 (1), the words "to the commercial register" shall be replaced by the words "in the basic registrach28d), 31f) or 38e) if the entrepreneur is a national citizen of the Czech Republic, or 31g) if the entrepreneur is a foreigner."
footnotes 31f and 31g are as follows:
"31f) § 27 et seq. of the Commercial Code.
31g) § 158 of Act No. 326 / 1999 Coll., on the residence of foreigners in the Czech Republic and on the amendment of certain laws, as amended by Act No. 227 / 2009 Coll. '
28. In Article 56 (1), the words "in the Commercial Register 'are replaced by the words" in the Basic Registr28d), 31f) or 38e) if the entrepreneur is a national citizen of the Czech Republic or 31g) if the entrepreneur is a foreigner'.
29. in Paragraph 57 (1) (d), the words "compulsory registered in the Commercial Register" shall be inserted after the words "foreign persons."
30. In the first sentence of Paragraph 57 (2), the words "a change in the date of cessation of business' are replaced by the words" that it intends to continue to operate the business' and the third and last sentences are replaced by the words "If this authorisation is not demonstrated, the trade office shall invite it to do so and shall set a reasonable period for that purpose, at least for the duration of the stay allowed. Where the authorisation is not supported by evidence within the time limit set, the trade licence shall cease to exist on the last day of that period, provided that the period for which the trade licence has been restricted has expired. If that period has not expired, the business licence shall cease to exist in accordance with paragraph 1 (c). ';
31. in Article 58 (1) (a), the words "or Article 6a (3)" shall be deleted;
32. in Article 58 (1) (b), "Article 8 (6)" is replaced by "Article 8 (5)."
Sign in for notes, favorites and notifications
Regulation Information
| Citation | Act No. 155 / 2010 Coll., amending certain laws to improve their application and reduce the administrative burden on entrepreneurs |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 21.05.2010 |
|---|---|
| Effective from | 01.08.2010 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
Comments 0