Act No. 160 / 2007 Coll.
Law amending certain consumer protection laws
Valid
Law
Effective from 02.07.2007
160
THE LAW
of 7 June 2007
amending certain consumer protection laws
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 Act No. 240 / 1992 Coll., Act No. 22 / 1997 Coll., Act No. 110 / 1997 Coll., Act No. 189 / 1999 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. 439 / 2003 Coll., Act No. 444 / 2005 Coll., and Act No. 229 / 2006 Coll., is amended as follows:
1. In Article 3, at the end of point (f), the dot is replaced by a comma and the following point (g) is added:
"(g) carry out surveillance in the case of cross-border cooperation, in accordance with the relevant provisions of the European Community1h) within the scope of the specific legislation referred to in points 2, 3, 5, 6, 7, 8, 10, 11 and 14 of the Annex to this Regulation.
(1h) Regulation (EC) No 2006 / 2004 of the European Parliament and of the Council on cooperation between national authorities responsible for the enforcement of consumer protection laws (the Consumer Protection Cooperation Regulation). '
2. In Article 7, the following sentence is added at the end of paragraph 2: "In the case of ordered impairment of disabled goods, the controlled person shall be required to document and transmit the data on the impairment carried out, in particular to communicate the name and surname or trade name, the registered office (if it is a legal person) or the place of business (if it is a natural person) of the entity which has carried out the impairment, the quantity of the damaged goods in writing immediately after the deterioration. '
3. The following Section 7c is inserted after Section 7b, including footnotes 3n and 3o:
The Director of the Inspectorate shall, in the event of the detection of an infringement (3n) committed by the person checked in the territory of the European Communities or in another State constituting the European Economic Area and which damages or may harm the common interest of consumers (o), prohibit such conduct by decision.
3n) Article 3 (b) of Regulation (EC) No 2006 / 2004 of the European Parliament and of the Council on cooperation between national authorities responsible for the enforcement of consumer protection laws (Consumer Protection Cooperation Regulation).
3o) Article 3 (k) of Regulation (EC) No 2006 / 2004 of the European Parliament and of the Council on cooperation between national authorities responsible for the enforcement of consumer protection laws (Consumer Protection Cooperation Regulation). '
Amendment to the Advertising Regulation Act
In Article 7c (1) of Act No. 40 / 1995 Coll., on the regulation of advertising and amending and supplementing Act No. 468 / 1991 Coll., on the operation of radio and television broadcasting, as amended, as amended, as amended by Act No. 25 / 2006 Coll., the following sentence is inserted after the first sentence, which, including footnote 33a: "It may also prohibit misleading or inadmissible comparative advertising as an infringement under the relevant European Social Code (33a).
33a) Regulation (EC) No 2006 / 2004 of the European Parliament and of the Council on cooperation between national authorities responsible for the enforcement of consumer protection laws (Consumer Protection Cooperation Regulation). '.
Amendment of the Broadcasting Act
Act No. 231 / 2001 Coll., on the operation of radio and television broadcasting and amending other laws, as amended by Act No. 309 / 2002 Coll., Act No. 274 / 2003 Coll., Act No. 341 / 2004 Coll., Act No. 501 / 2004 Coll., Act No. 626 / 2004 Coll., Act No. 82 / 2005 Coll., Act No. 127 / 2005 Coll., Act No. 348 / 2005 Coll. and Act No. 235 / 2006 Coll., is amended as follows:
1. in Article 5, the following point (t) is inserted after point (s):
"(t) carry out surveillance in the case of cross-border cooperation, in accordance with the relevant Regulation of the European Communities (5a), within the scope of the substantive scope of the specific legislation referred to in point 4 of the Annex to this Regulation,
(5a) Regulation (EC) No 2006 / 2004 of the European Parliament and of the Council on cooperation between national authorities responsible for the enforcement of consumer protection laws (Consumer Protection Cooperation Regulation). '.
Point (t) shall be renumbered as point (u).
2. The following Section 59a is inserted after Section 59, including footnotes 12 and 13:
The Council shall, in the event of a finding of unlawful conduct (12) committed by the broadcaster or the broadcaster taken over in the territory of the European Communities or in another State constituting the European Economic Area and which damages or may harm the common interest of consumers (13), prohibit such conduct by decision.
12) Article 3 (b) of Regulation (EC) No 2006 / 2004 of the European Parliament and of the Council on cooperation between national authorities responsible for the enforcement of consumer protection laws (Consumer Protection Cooperation Regulation).
13) Article 3 (k) of Regulation (EC) No 2006 / 2004 of the European Parliament and of the Council on cooperation between national authorities responsible for the enforcement of consumer protection laws (Consumer Protection Cooperation Regulation). '
3. In the second sentence of Paragraph 66, the words "and decision on penalties' are replaced by the words", decision on fines and decision on the prohibition of activities which infringe or may infringe the common interest of consumers' 9d).
9d) Regulation (EC) No 2006 / 2004 of the European Parliament and of the Council on cooperation between national authorities responsible for the enforcement of consumer protection laws (Consumer Protection Cooperation Regulation). ';
Amendment of the Trade Act
Act No. 1 / 2006, Act No. 1 / 2006, Act No. 1 / 2006, Act No. 1 / 2006, Act No. 1 / 2006, Act No. 1 / 2006, Act No. 1 / 2006, Act No. 1 / 2006, Act No. 1 / 2006, Act No. 1 / 2006, Act No. 1 / 2006, Act No. 1 / 2006, Act No. 1 / 2006, Act No. 1 / 2006, Act No. 1 / 2006, Act No. 2 / 2006, Act No. 1 / 2006, Act No. 1 / 2006, Act No. 1 / 2006, Act No. 1 / 2006, Act No. 1 / 2004, Act No. 1 / 2006, Act No. 1 / 2006, Act No. 1 / 2006, Act No. 5, Act No. 1 / 2004, Act No. 2, Act No. 1 / 2006, Act No. 6, Act No 1999, Act No. 2006, Act No. 5, Act No. 2006, Act No. 2006, Act No. 5, Act No. 5, Act No. 2006, Act No. 2006, Act No. 2006, Act No. 2006, No 2006, Act No. 2006, No 1999, No.
After Paragraph 58, the following Section 59 is inserted:
The Trade Office shall be entitled to impose on an entrepreneur engaged in the business of "Operation of a Travel Agency 'or" Operation of a Travel Agency' a prohibition of unlawful conduct (40a) in the conduct of such trade which infringes or may infringe the common interest of consumers (40b) and which has been committed in the territory of the European Communities or in another State constituting the European Economic Area. Infringement of this prohibition shall constitute grounds for the revocation or suspension of a trade licence.
40a) Article 3 (b) of Regulation (EC) No 2006 / 2004 of the European Parliament and of the Council on cooperation between national authorities responsible for the enforcement of consumer protection laws (consumer protection cooperation regulation).
(40b) Article 3 (k) of Regulation (EC) No 2006 / 2004 of the European Parliament and of the Council on cooperation between national authorities responsible for the enforcement of consumer protection laws (consumer protection cooperation regulation). "
Amendment of the Act on the Czech National Bank
Act No. 6 / 1993 Coll., on the Czech National Bank, as amended by Act No. 60 / 1993 Coll., Act No. 15 / 1998 Coll., Act No. 442 / 2000 Coll., the Constitutional Court found under Act No. 278 / 2001 Coll., Act No. 482 / 2001 Coll., Act No. 127 / 2002 Coll., Act No. 257 / 2004 Coll., Act No. 377 / 2005 Coll., Act No. 57 / 2006 Coll., Act No. 62 / 2006 Coll. and Act No. 230 / 2006 Coll., is amended as follows:
1. The following Section 44a is inserted after Section 44, including footnotes 9g, 9h and 9i:
(1) The Czech National Bank shall supervise compliance with the obligations laid down in the Civil Code for the conclusion of distance financial service contracts by the persons referred to in Paragraph 44 (1), with the exception of persons who issue electronic money on the basis of an authorisation under the special legislature9g).
(2) In the case of cross-border cooperation, the Czech National Bank shall exercise supervision in accordance with paragraph 1 and shall act in accordance with the relevant European Community9h).
(3) If the Czech National Bank finds infringement or has reasonable grounds for suspecting that the common interest of consumers may be infringed (9i) by a person supervised under paragraph 1 who has committed an infringement in the territory of a Member State of the European Communities or in another State constituting the European Economic Area, it shall prohibit that person from continuing the infringement.
9g) Paragraph 19 of Act No. 124 / 2002 Coll., on transfers of funds, electronic means of payment and payment systems (Law on payment), as amended by Act No. 62 / 2006 Coll.
9h) Regulation (EC) No 2006 / 2004 of the European Parliament and of the Council on cooperation between national authorities responsible for the enforcement of consumer protection laws (Consumer Protection Cooperation Regulation).
9i) Article 3 (k) of Regulation (EC) No 2006 / 2004 of the European Parliament and of the Council on cooperation between national authorities responsible for the enforcement of consumer protection laws (Consumer Protection Cooperation Regulation). '.
Footnote 9g is renumbered footnote 9j, including the footnote reference.
2. In Article 48 (3), the word "closure 'is replaced by" closure'.
Amendment of the Act on certain information society services
In Section 10 of Act No. 480 / 2004 Coll., on certain services of the Information Society and on the amendment of certain laws, paragraph 4, including footnotes 6 and 6a read:
"(4) In the exercise of supervision, the supervisory authority referred to in paragraph 1 (a) shall act in accordance with a specific legislation6) and, in the case of cross-border cooperation, carry out supervision and shall act in accordance with the relevant European Communities6a) to the extent of the substantive scope of the legislation referred to in point 12 of the Annex to this Regulation.
6) Act No. 552 / 1991 Coll., on State Control, as amended.
(6a) Regulation (EC) No 2006 / 2004 of the European Parliament and of the Council on cooperation between national authorities responsible for the enforcement of consumer protection laws (consumer protection cooperation regulation). '.
EFFECTIVE
This Act shall take effect on the day of its publication.
Wolf
Klaus v. r.
Topolánek v. r.
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Regulation Information
| Citation | Act No. 160 / 2007 Coll. |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 02.07.2007 |
|---|---|
| Effective from | 02.07.2007 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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