Act No. 172 / 2010 Coll.
Act amending Act No. 86 / 2002 Coll., on Air Protection and amending certain other laws (Air Protection Act), as amended
Valid
Effective from 01.06.2010
172
THE LAW
of 29 April 2010
amending Act No. 86 / 2002 Coll., on Air Protection and amending certain other laws (Air Protection Act), as amended
Parliament has decided on this law of the Czech Republic:
Amendment of the Air Protection Act
Act No. 86 / 2002 Coll., on Air Protection and on the amendment of certain other laws (Air Protection Act), as amended by Act No. 521 / 2002 Coll., Act No. 92 / 2004 Coll., Act No. 186 / 2004 Coll., Act No. 695 / 2004 Coll., Act No. 180 / 2005 Coll., Act No. 385 / 2005 Coll., Act No. 444 / 2005 Coll., Act No. 186 / 2006 Coll., Act No. 25 / 2008 Coll., Act No. 212 / 2008 Coll., Act No. 124 / 2008 Coll., Act No. 483 / 2008 Coll., Act No. 223 / 2009 Coll., Act No. 296 / 2007 Coll., Act No. 25 / 2008 Coll.
1. In Article 3a, at the end of paragraph 1, the dot is replaced by a comma and the following points (e) and (f) are added:
'(e) from 1 June 2010, at 4,1% vol., of the total quantity of motor gasoline incorporated into motor petrol; the biofuel content, namely bioethanol, in motor petrol, applied in the form of a low percentage addition, shall be up to a maximum of 5% volume and shall not exceed the oxygen content set at a maximum of 2,7% by weight;
(f) from 1 June 2010 at a rate of 6% vol of the total quantity of diesel fuel incorporated into diesel; the biofuel content of diesel fuel, applied in the form of a low percentage addition, shall not exceed the maximum percentage fixed up to 7% volume. ';
2. in Article 3a (2), the words "points (a) to (d) 'are deleted;
3. In Article 3a, the following paragraphs 3 and 4 are inserted after paragraph 2:
"(3) Where the person referred to in paragraph 1 exceeds the mandatory minimum quantity of biofuels set out in paragraph 1 in the calendar year (" excess quantity of biofuels'), he may transfer that excess quantity of biofuels to compliance with the obligation referred to in paragraph 1 in the immediately following calendar year. The quantity of biofuels transferred to the following calendar year may not exceed 0,2% of the total quantity of motor petrol and diesel put into free circulation in the tax territory of the Czech Republic for transport purposes or for free circulation for transport purposes in another Member State of the European Union and delivered to the tax territory of the Czech Republic in the previous calendar year.
(4) Where the person referred to in paragraph 1 intends to apply an excessive quantity of biofuels as referred to in paragraph 3 in the following calendar year, he shall inform the customs office concerned in writing within the time limit specified for the reporting referred to in paragraph 8. The communication shall contain the following particulars:
(a) the name, surname and address, in the case of a legal person, the name, legal form and registered office and the person's tax identification number;
(b) the quantity of biofuels corresponding to the amount of the obligation referred to in paragraph 1 in the previous calendar year;
(c) the quantity of biofuels by which the obligation referred to in paragraph 1 has been exceeded in the previous calendar year;
(d) the quantity of biofuels to be included in the fulfilment of the obligation referred to in paragraph 1 in the immediately following calendar year. "
Paragraphs 3 to 10 shall be renumbered paragraphs 5 to 12.
4. In Article 40 (13), "Article 3a (9) 'is replaced by" Article 3a (11)';
Transitional provisions
1. For the calendar year 2010, the period from 1 January 2010 to 31 May 2010 shall be considered as effective from the date of entry into force of the Act for the purposes of fulfilling the obligation laid down in Sections 3a (1) (c) and (d) of Act No 86 / 2002 Coll.
2. For the calendar year 2010, the period from 1 June 2010 to 31 December 2010 shall be deemed to be from 1 June 2010 for the purpose of fulfilling the obligation laid down in Sections 3a (1) (e) and (f) of Act No 86 / 2002 Coll., as effective from the date of entry into force of this Act.
3. The report on the fulfilment of the obligation to release the minimum quantity of biofuels for free circulation for transport purposes or the obligation to supply the minimum quantity of biofuels in the tax territory of the Czech Republic for transport purposes in fuels put into free circulation in another Member State of the European Union for the calendar year referred to in points 1 and 2 of Section 3a (1) of Act No 86 / 2002 Coll. shall be submitted locally to the competent customs office on 31 January 2011.
4. If a person referred to in § 3a (1) of Act No. 86 / 2002 Coll. puts into free circulation in the tax territory of the Czech Republic for transport purposes a quantity of biofuels less than that provided for in § 3a (1) (c) and (d) of Act No. 86 / 2002 Coll., or in fuels which have been put into free circulation in another Member State of the European Union, he may add to the tax territory of the Czech Republic a quantity of biofuels for transport purposes less than that provided for in § 3a (1) (c) and (d) of Act No. 86 / 2002 Coll., he may transfer the missing quantities of biofuels into compliance in the calendar year referred to paragraph 2. In such a case, the obligation laid down in § 3a (1) (e) and (f) of Law No 86 / 2002 Coll. in the calendar year referred to in point 2 on the quantity transferred shall be increased. Paragraph 3a (9) of Act No 86 / 2002 Coll., as effective from the date of entry into force of the Act, shall not apply in this case to the calendar year referred to in point 1.
5. If the person referred to in § 3a (1) of Act No. 86 / 2002 Coll. exceeds the minimum quantity of biofuels set out in § 3a (1) (c) and (d) of Act No. 86 / 2002 Coll. in the calendar year referred to in point 1, the excess quantity of biofuels may be transferred to compliance in the calendar year referred to in point 2. Paragraph 3a (3), second sentence, of Act No 86 / 2002 Coll., as effective from the date of entry into force of the Act, does not apply in this case.
Efficacy
This Law shall take effect on 1 June 2010.
Wolf
Fischer v. r.
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Regulation Information
| Citation | Act No. 172 / 2010 Coll., amending Act No. 86 / 2002 Coll., on Air Protection and amending certain other laws (Air Protection Act), as amended |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 31.05.2010 |
|---|---|
| Effective from | 01.06.2010 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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