Decree of the Federal Price Office, Czech Price Office and Slovak Price Office No. 160 / 1980 Coll.
Order of the Federal Price Office, the Czech Price Office and the Slovak Price Office amending and supplementing Decree No. 137 / 1973 Coll., on Prices, as amended by Decree No. 73 / 1978 Coll.
Valid
Effective from 01.01.1981
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160
DECLARATION
Federal Price Office, Czech Price Office and Slovak Price Office
of 31 October 1980
amending and supplementing Decree No 137 / 1973 Coll., on Prices, as amended by Decree No 73 / 1978 Coll.
Federal Price Office pursuant to § 47 of Act No. 133 / 1970 Coll., on the jurisdiction of federal ministries, Czech Price Office pursuant to § 6 of the Act of the Czech National Council No. 134 / 1973 Coll., on the jurisdiction of the authorities of the Czech Socialist Republic in the field of prices, and Slovak Price Office pursuant to § 2 (2) (g) of the Slovak National Council Act No. 135 / 1973 Coll., on the jurisdiction of the authorities of the Slovak Socialist Republic in the field of prices, provides:
Decree No 137 / 1973 Coll., on prices, as amended by Decree No 73 / 1978 Coll., is amended as follows:
1. in Article 1 (1) (b), the words "or group undertakings and group special-purpose organisations (hereinafter referred to as" organisations ")" shall be inserted after the word "organisations."
2. in Paragraph 3 (1) (c) and (d) of footnote 2:
"2) The terms" sales margin "or" withholding "and" trade premium "or" withholding "correspond to the terms" sales margin "used."
3. In Article 3 (1) (g), the following words are added at the end: "in the cases provided for, they include a sales premium, '.
4. Article 3 (1) (h) reads as follows:
'(h) retail prices; only products are sold to citizens at these prices; the organisations are supplied at retail prices with products purchased by retail or by other suppliers, if they are products for which the turnover tax is generally applied and the organisation is required to purchase at "tax prices' under tax legislation; include the trade price and the trade withholding and, where applicable, the price difference and, where applicable, the trade premium and the additional turnover tax, ';
(5) Paragraph 3 (1) shall be added to the provision marked (ch), which shall read as follows:
"(ch) wholesale prices with turnover tax; for these prices, products are supplied to non-market customers which are under tax legislation required to purchase at" tax prices'; in the cases provided for, consumable materials and spare parts shall be charged for these prices even when the performance is supplied to citizens; include the wholesale price, basic rate and additional turnover tax and, where appropriate, the sales premium, unless the additional tax is fixed or is lower than the sales premium. ';
6. In Article 3, the following paragraph 3 is inserted after paragraph 2:
"(3) A price premium may also be expressed as a price advantage and a price discount may be expressed as a price disadvantage; these increases and discounts constitute a way of applying the conditions for implementation in prices. ';
Paragraph 3 shall become paragraph 4.
7. in Article 5 (2) (a), the following shall be inserted before the words "for a maximum period of 3 months": "unless otherwise specified by the price authority,"
8. Article 5 (2) (b) reads as follows:
"(b) corporate prices to be set or amended by the Directorate-General for Trusts or Concerns (hereinafter referred to as" Directorate-General ") for subordinate organisations for deliveries between organisations within the production unit, provided that the level of corporate prices calculated for the period in question must not exceed the level of prices applicable to customers outside the production unit. The balance between corporate and wholesale prices shall be made by the Directorate-General, and, where appropriate, by the central supervisor, '.
9. Article 5 (2) shall be added to the provisions indicated in (c), which shall read as follows:
"(c) the temporary prices to be determined by the competent price authority or the national committee or, where appropriate, by the organisation responsible for setting them up by the competent price authority and whose validity is limited by the time or quantity of products so valued; after their expiry, the price shall be determined as for the new product; temporary prices for products delivered at retail prices may be determined only by the price authorities or, where appropriate, by the national committees referred to in Article 68. ';
(10) Paragraph 10 shall be added in paragraph 5, including footnote 74:
"(5) When creating prices for new products belonging to the sector (group) for which wholesale prices will be changed according to the price development plan or any other measure of the price offices, it is necessary to establish wholesale prices for new products at both present and new levels before and after the price change is approved. The details are governed by the decision of the price authorities. 74)
74) Instruction of the FCCO, the CCU and SCÚ No P-7 / 79 on the pricing of new products at double level in relation to changes in wholesale prices (Price Gazette 1 / 1980). "
11. in Article 11 (6), the words "the prices of which are made up pursuant to paragraphs 23 and 24 shall be deleted."
12. Article 12 (3) shall be added to the provisions indicated in points (e), (f) and (g):
"(e) foreign price relationships;
(f) calculation of the efficiency of the use of the new product;
(g) a combination of the methods referred to in (a) to (f). ';
13. Article 12 (4) reads as follows:
"(4) Price standards and parametric methods should be used for price formation if they have been approved by the competent price authority or, where appropriate, by the competent national committee. Where one of the other pricing methods or combinations thereof is developed on the terms of individual production (specialisation, product group) and approved by the competent price authority or, where appropriate, by the relevant national committee, it shall be used by all organisations for which price uniformity applies (hereinafter referred to as the" binding price formation method '), provided that the decision of the price authority does not limit its scope.'
14. in Paragraph 12, paragraph 5 is deleted.
15. Paragraph 13 (6) (a) shall be replaced by a semicolon at the end of the comma and the following text shall be added: "prices of imported products and prices on foreign markets may be used for comparison in cases where the price is constituted under Article 26a and Article 28 (2) (b),"
16. the following text is added at the end of Paragraph 13 (6) (c):
"or in the draft price of the new product it is not transferred to the applicable level in the manner set for the price change in question, ';
17. in Paragraph 15 (2), the following sentence is added at the end:
"Price authorities may decide in which cases direct material shall be valued at a price other than the price in force. 75)
75) For example, the scope of the FCU, the ČÚ and SCÚ No 019 / 79, on how to deal with the impact of fuel energy prices in the creation of wholesale prices for new products (Price Gazette amount 51-52 / 1979). "
18. In Paragraph 15 (4), the dot is replaced by a comma at the end of the third sentence and the following text is added:
"in respect of which the State budget is involved, as well as differences arising from materials and products which are calculated in the prices of new products at prices determined in accordance with Article 53 (2) (a) or (b). '.
19. Paragraph 21 shall be added to paragraphs 6, 7, 8 and 9:
"(6) Price calculations shall not include an increase in production costs resulting from overshoot of budgetary costs or non-compliance with the construction parameters designed to increase the level of prices of new products. Where the price includes the cost of guarantee corrections, they may be included in the price calculation only at a rate fixed by the competent price authority or, where appropriate, by the national committee.
(7) The rates referred to in paragraphs 18 to 20 may be fixed or updated only if the applicable level of prices of the organisation or production unit or of the entire sector is respected and, in the cases referred to in paragraph 8 (a), the price level has been changed.
(8) The rate update is being made
(a) in connection with price changes
1. in the fields (groups) whose prices are changing, with the exception of changes in individual prices which have a negligible impact on the overall level of the sector prices;
2. in other fields whose prices do not change, but in which the effects of price changes affect, unless compliance with the level of industry prices is otherwise ensured,
(b) as a result of the economic suspension of the applicable rates, either on a one-off basis for all sectors (groups) within the organisation, or gradually, for example in the context of the precision of the pricing method.
(9) The price authorities lay down more detailed conditions and arrangements for the formation and updating of new rates. "
20. In Paragraph 23 (8), the words "50% savings on direct material and on direct wages," are replaced by the words "70% savings on direct material and on direct wages, or 50% of those savings in cases where the customer also deserved to make savings,";
21. Paragraph 25 repeals paragraph 8.
22. in Paragraph 26 (3) (b), the part of the sentence behind the semicolon reads:
"indirect costs and profit, or other direct costs, shall be calculated at the fixed rates and, if not fixed, shall be calculated at a relatively equal rate on the basis of the comparable (basic) product. ';
23. the following Section 26a is inserted after Section 26:
Foreign price relations
(1) The method of pricing by means of foreign price relations is to derive the price of a new product from prices existing on at least two critical foreign markets. It is based on price relationships between two foreign products, one of which is similar to the new domestic product, the price of which is to be determined and the other is similar to the domestic product, which has a fixed wholesale price or the price of which can be created in accordance with § 24 or 25.
(2) Foreign prices for foreign products are used in the currency of the relevant countries (critical markets) and are collected either on the basis of information from foreign trade organisations or other appropriate information on foreign prices.
(3) The price of the new product will be based on the price of the domestic comparable product and the average of the foreign price relationship data used.
(4) Foreign price relations must be justified by the price proposal where the price authorities so decide or where a new re-supplied product
(a) is incomparable in domestic terms and the price is produced in accordance with § 27, but is produced abroad in a similar manner; or
(b) at least 30% of its total supply is expected to be exported, the price proposal being drawn up in accordance with Articles 23 and 26 (2) (b) respectively.
(5) If the price of a new product derived from foreign price relations is lower than the price created pursuant to § 23, § 26 (2) (b) or § 27, the entrusted organisation may only set a higher price after its registration by the competent price authority. Without registration, it can only set a lower price.
(6) The relevant foreign trade organisation shall, upon request, provide, free of charge, or, where appropriate, procure, the essential information at the latest within 30 days of receipt of the request, unless a longer deadline is agreed between them. The basic data shall be at least data on the critical technical economic parameters of foreign products, prices on foreign markets in the relevant foreign currency and the type of information. The prices of both foreign products must always be from the same foreign market and from approximately the same time period. In the event that the relevant foreign trade organisation does not provide the price processor with this information, its superior authority shall, at the initiative of the processor, discuss the necessary measures with the Federal Ministry of Foreign Trade. Where the processor does not receive the required information by the time the price is determined, he may, without the agreement of the price authority, fix the provisional price, if not for the product for which the retail price is fixed. ';
24. in § 27 (3) (e), footnote 6 reads:
"6) Non-standard products are products manufactured for one customer according to its individual requirements, usually in a single production company which is not expected to be manufactured in the future in the same version. They must be further products for which the agreed period of performance does not exceed one year, except for products supplied for investment construction and products for which the continuous production period is more than one year. The quantity of products (number of pieces, production levies) is not decisive. However, a non-standard product shall not be considered to be the product for which a characterisation procedure has been initiated. '
25. Article 27 (3) shall be added to the provision marked (j) as follows:
"(j) registered wholesale export prices."
26. The following Section 27a is inserted after Section 27, including headings 76, 77 and 78:
Calculation of the efficiency of the use of the new product
(1) The calculation of the efficiency of the use of the new product is used to express the impact of the proposed price, created in some of the ways set out in Sections 23, 26 and 27, on the cost of production of the customers.
(2) Efficiency calculations are to be made
(a) for products manufactured on the basis of a national, ministerial or sectoral technical development plan;
(b) for machinery and equipment repeatedly delivered to the domestic market for production consumption and investments whose proposed price does not lead to a decrease in the price indicator per unit of the determining parameter compared to the determined price of the product still produced with the same parameter size and, if not produced, the product with the nearest lower parameter size; a parameter expressing the performance of the machine and equipment (power, capacity, production, etc.) is considered to be decisive; the supplier organisation may also prepare the calculation for consumer engineering products,
(c) for aggregate prices of operating sets and operating units of technological equipment, and, where appropriate, of supplies consisting of a sum of individual machines and equipment (base units), creating a functionally separate part to calculate efficiency;
(d) for proposals for aggregate prices of building buildings,
(e) for products intended for production consumption and investments the wholesale price of which is the subject of a price dispute addressed by the competent price authority pursuant to Article 99;
(f) in other cases, on the basis of a decision of the competent price authority.
(3) Efficiency calculations for the products referred to in paragraph 2 (a), (b) and (e) shall be carried out in accordance with the procedures laid down by specific provisions or decisions. 76) In the cases referred to in paragraph 2 (c), the operating files shall be based on calculations drawn up in connection with the preparation and design of such files. 77) In the cases referred to in paragraph 2 (d), the calculation of economic efficiency shall be part of an economic evaluation under a specific regulation. 78)
(4) The calculation of the efficiency of the use of the new product shall not be carried out in the cases referred to in paragraph 2 where:
(a) the proposed price is established in accordance with § 24 or 25 or in any other similar manner approved by the competent price authority, the application of which leads to a clear amount of prices for new products;
(b) the price proposal is justified in accordance with Article 26a.
(5) If the calculation of the efficiency of the new product proves
(a) saving or maintaining the current amount of its costs, the price shall be set at the proposed amount;
(b) an increase in the cost of the customer, the entrusted organisation may fix the proposed price only after its registration by the competent price authority; without registration can only set a price which does not increase the cost of the customer.
(6) In order to calculate the efficiency of the use of the new product, the customer is obliged to provide the necessary documentation at the supplier's request within 30 days of receipt of the request, if the organisation fails to assess the longer term, or to comment on the calculation of the efficiency submitted by the supplier with the price proposal. In the context of the price procedure, the customer may submit his own calculation of efficiency.
(76) FMTIR Directive No 9, for the calculation of the economic efficiency of the tasks of the technical development plan (FMTIR rapporteur No 5 / 1980), the FCCO Guidelines, the CCU, the SCU, the FMTIR, the MVT ČSR and the MVT SSR No P-3 / 78, on the formation of price limits (Price Gazette No 51- 52 / 1978).
77) Decree No. 163 / 1973 Coll., on documentation of buildings, as amended.
78) Instruction of the FCÚ, ČČU and SCÚ No P-5 / 77 on the creation of wholesale prices for type building objects (Price Gazette 1 / 1978). "
27. the following words shall be added at the end of Paragraph 28 (2) (b):
"in particular when replacing the exclusive imports by domestic production, '.
28. Paragraph 29 (2) is deleted.
29. Paragraph 30 (2) (e) reads as follows:
"(e) for export-efficient products and for other products as decided by the competent price authority."
30. The following text is added at the end of Paragraph 30 (3):
"If the product has already been delivered at a fixed basic price, the price advantage may be applied only if the price has been provisional or if the price has been temporarily paid only if the preferential price is not higher than that price. For products included in the budgets of the operating sets or construction sites for which a sales agreement has been concluded, a price advantage may be applied to their deliveries to such sets or buildings only if it does not result in the agreed sales costs being exceeded. The price advantage cannot be applied to non-operational machinery and equipment. '
31. Paragraph 30 (5) reads as follows:
"(5) The price advantage referred to in paragraph 2 (a) to (c) and (e) applies in the form of a fixed mark-up to the basic wholesale price and in the form of a fixed preferential retail price, for the products referred to in paragraph 2 (d), in the form of a preferential wholesale and retail price negotiated by the supplier's agreement with the customer. In addition to the premium for the price advantage or the preferential price (hereinafter referred to as the" preferential price '), the basic price must be fixed before the start of the supply. The basic price shall not be fixed only for luxury products.'
32. Paragraph 30 (6) (e) reads as follows:
"(e) for products which are not sufficiently efficient when exported and for other products as decided by the competent price authority."
33. In Paragraph 30 (7), the following sentence is inserted after the first sentence:
"The price disadvantage referred to in paragraph 6 (a) and (e) shall be applied by way of a wholesale price discount and reduced retail price, by way of a price discount for the products referred to in paragraph 6 (b), by means of a reduced price for the products referred to in paragraph 6 (c) and (d). ';
34. In Article 30 (7), the words "the competent price authority, or the national committee, on a proposal from the supplier or the customer or, where appropriate, the public service 'may be replaced by the following:
"the competent price authority or national committee, where appropriate, may, on a proposal from the supplier or the customer, their superior central authority and, where appropriate, the relevant state service (79)
79) For the purposes of price advantage and disadvantage, the competent national authority shall also be the department body responsible for evaluating the quality of products authorised by the competent central authority under the Framework Principles for the Activities of the Department of Testing, issued by the Office for Standardisation and Measurement on 30.6.1980 under Article 313 / 233 / 80. ';
35. Paragraph 30 (7) (b) reads as follows:
'(b) products classified in the third stage of quality falling within the food and flavouring sector, consumer products of other sectors, provided that they have a fixed retail price and are also delivered to market funds, compound feedingstuffs and compound feed and protein concentrates labelled in accordance with the special rules for reduced-quality feed,';
36. Paragraph 31 (1) and footnote 9 read:
"(1) Products for which a technical progress certificate has been issued by the competent central authority, 9) may be priced. Products technically obsolete (9) are at a price disadvantage.
9) Under Decree No. 82 / 1980 Coll., on the evaluation of the technical level of products. '
37.Paragraph 3 is deleted in Paragraph 31.
Paragraph 32 (2) reads as follows:
"(2) The wholesale price of the technically progressive product may be favoured
(a) a price advantage premium corresponding to not more than the amount of annual benefit calculated (76) incurred by the customer when using the new product but not more than 25% of the basic price;
(b) for consumer products also supplied to market funds for which the benefit to customers cannot be calculated, up to 25% of the basic price, on the basis of a decision taken by the competent price authority; However, the amount of the mark-up to the wholesale price must ensure that the preferential retail price corresponds to the price relations and conditions for the realisation of the products in the internal market. '
Paragraph 33 (1) reads as follows:
"(1) The production organisation shall propose a discount on the wholesale price or, where applicable, a reduction in the retail price, no later than one month before the date on which the product is considered technically obsolete or within one month of receipt of the decision of the competent authority. The wholesale price discount is equal to the actual profit of the product in accordance with the resulting calculation for the last year of production, but at least 15% of the price. The procedure laid down in Paragraph 30 (10) shall apply to proposals for reductions in retail prices. The granting of a discount on the basic wholesale price and, where applicable, the additional levy on the technically obsolete product shall apply from the date referred to in Article 30 (11). '
40. in Paragraph 33 (3), the words "the wholesale price reduction" shall be replaced by the words "price disadvantage."
Paragraph 34 (3) reads as follows:
"(3) The wholesale price of a first-class product may be favoured in accordance with Paragraph 32 (2)."
Paragraph 34 (4) reads as follows:
"(4) The price advantage for first-class products cannot be applied to foodstuffs unless otherwise decided by the competent price authority."
43. In Paragraph 35 (3), the second sentence shall be deleted.
44. The following Section 36a is inserted after Section 36:
Price advantage and disadvantage in relation to export efficiency
(1) Depending on the efficiency of exports, prices may be at a disadvantage
(a) technically progressive products and products classified in the first grade or technically obsolete products and products classified in the third grade;
(b) other products which are the subject of export without being evaluated by the competent authority or organisation in accordance with § 31 to 35.
(2) The price advantage, according to the efficiency of exports, is a maximum of 25% of the wholesale price, or a registered wholesale price and a price disadvantage of 30% of the wholesale price or a registered wholesale price, respectively.
(3) The scope of the products referred to in paragraph 1 and the more detailed terms and conditions of this price advantage and disadvantage and, where appropriate, the shares for the production organisation and the organisation of foreign trade shall be determined by the price authorities.
(4) The price advantage or disadvantage may also be applied to new domestic products replacing products still exclusively imported, depending on the relationship between internal and foreign prices. More detailed conditions for its application shall be laid down by the price authorities. ';
45. Paragraph 38 (4) reads as follows:
"(4) The basic wholesale and retail prices of fashion novelties must be fixed before the start of the supply of these products at preferential prices. '
Article 46 (41) (5) reads as follows:
"(5) A premium may be applied for a shorter delivery or ordering period, if the customer so requests, provided that, in the legislation, in particular the basic conditions of supply, the price lists or the decisions of the central authorities indicate the time limits applicable to the prices laid down and if the premiums for their shortening or the methods of calculation are indicated in the price lists or price decisions. Adjustments to the current delivery (ordering) time limits for products, as established by each central authority, shall be reflected in the prices only on the basis of a decision of the competent price authority. The application of the form of surpluses for shorter delivery (order) periods may only be proposed to the competent price authority at the same time as the application of rainfall for longer delivery (order) periods. '
47. Paragraph 42 (4) reads as follows:
"(4) The provisions of paragraphs 1 and 2 shall not apply to discounts under other provisions of this Order and discounts under specific provisions. 14)."
48. Paragraph 45 (1) reads as follows:
"(1) If the sales organisation fails to comply with a quick delivery within the time limit referred to in paragraph 2, or if products which do not need to be delivered promptly, do not comply with a delivery within the time limit laid down by a special regulation or a superior authority, or within the time limit agreed with the customer, it shall be obliged to reduce the sales premium by one fifth. The obligation of prompt delivery shall not apply to products the import of which is ensured only by order of the customer. '
49. Paragraph 45 (2) reads as follows:
"(2) A fast delivery means meeting a technically clear order within six weeks of delivery. A central authority superior to a sales organisation may provide for a longer period for the products referred to in Section 43 (d) (2) only with the agreement of the relevant price authority; to that end, the central authority shall submit the views of the main purchasing authorities to the competent price authority, together with the justification. ';
50. Paragraph 46 shall be added to paragraphs 3, 4 and 5:
"(3) The provisional or definitive limit shall not apply in the cases referred to in paragraphs 47 and 48 if, at the time when the draft provisional or final limit is to be drawn up, a wholesale or retail price is already fixed, where appropriate, or if the competent organisation presents a proposal for a wholesale or retail price directly for consideration, or the price shall be determined where applicable. The documentation to justify the tasks of the technical development plan shall then include a wholesale price proposal instead of a draft provisional limit. Furthermore, the obligation to draft provisional and definitive price limits does not concern products which are:
(a) developed and produced for its own use by the production unit as an investment under its own control and is not expected to be supplied to other customers,
(b) developed and produced in the context of the solution of technical development tasks of a technological nature, without their development being part of the task assignment and where cost limits are set for developed technologies;
c) parts and special tools.
(4) Where decisive data (parameters) for the assignment of the task of the Science and Technology Development Plan allows the use of a binding pricing method approved by the competent price authority, the processor shall propose, or, where appropriate, specify, the wholesale price instead of the wholesale price pre-cap. The same procedure shall apply if the binding form of creation applies both to the production of wholesale prices and to the production of price limits.
(5) On the basis of the decision of the competent price authority, in addition to the provisional limit on the wholesale price of the future product, also intended for export, a provisional limit on the purchase price shall be established. ';
Article 47 (1) (b) reads as follows:
"(b) for national, sectoral and sectoral tasks of the standardisation plan for new products produced under new or modified standards."
52. Paragraph 47 (3) shall be added to the provisions indicated in points (f) and (g):
"(f) a combination of the methods referred to in (a) to (c), in particular where part of the future product is comparable to the product already produced and part is not comparable; for these and other appropriate cases, the construction method may be used,
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Regulation Information
| Citation | Decree No. 160 / 1980 Coll., amending and supplementing Decree No. 137 / 1973 Coll., on Prices, as amended by Decree No. 73 / 1978 Coll. |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 08.12.1980 |
|---|---|
| Effective from | 01.01.1981 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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