Act No. 202 / 2015 Coll.
Act amending 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, and Act No. 256 / 2001 Coll., on Funerals and on the Amendment of Certain Acts, as amended
Valid
Law
Effective from 17.08.2015
Text versions:
17.08.2015
202
THE LAW
of 23 July 2015
amending 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, and Act No. 256 / 2001 Coll., on Funerals and on the Amendment of Certain Acts, as amended
Parliament has decided on this law of the Czech Republic:
Amendment to the Advertising Regulation Act
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, Act No. 258 / 2000 Coll., Act No. 231 / 2001 Coll., Act No. 255 / 2004 Coll., Act No. 375 / 2001 Coll., Act No. 138 / 2002 Coll., Act No. 320 / 2002 Coll., Act No. 132 / 2003 Coll., Act No. 132 / 2004 Coll., Act No. 25 / 2006 Coll., Act No. 109 / 2007 Coll., Act No. 160 / 2007 Coll.
1. In Article 1, at the end of paragraph 6, the sentence "Where a processor processes advertising for himself, it is also in the position of contracting authority for the purposes of this Act."
2. In footnote 1, the sentence "Article 2 of Directive 2000 / 13 / EC of the European Parliament and of the Council of 20 March 2000 on the approximation of the laws of the Member States relating to the labelling, offering and advertising of foodstuffs, as amended by Commission Directive 2001 / 101 / EC of 26 November 2001 amending Directive 2000 / 13 / EC of the European Parliament and of the Council on the approximation of the laws of the Member States relating to the labelling, labelling and advertising of foodstuffs and Commission Directive 2002 / 67 / EC of 18 July 2002 on the labelling of foodstuffs containing quinine and foodstuffs containing caffeine (Text with EEA relevance) 'shall be replaced by the sentence" Regulation (EC) No 1169 / 2011 / EC of the European Parliament and of the Council of 25 October 2011 on the provision of information on foodstuffs to consumers, amending Regulation (EC) No 1924 / 2006 and (EC) No 1924 / 2006 and repealing Commission Directive 1999 / 10 / EC, Directive 2000 / 13 / EC of the European Parliament and of 25 / EC.
3. In Paragraph 1, the following paragraphs 8 and 9 are inserted after paragraph 7:
"(8) For the purposes of this Act, an anonymous notification means a communication or other presentation disseminated by the communication media, unless it contains an indication of the person who ordered the dissemination of the communication or other presentation.
(9) The provisions of this Act shall apply to anonymous notices concerning elections circulated between the time of the election and the end of the vote. '.
Paragraph 8 shall become paragraph 10.
4. in Article 2 (1), point (b) shall be deleted;
Points (c) to (g) shall be renumbered as points (b) to (f).
5. Paragraph 2 (1) shall be added at the end of the text in point (b) "; such advertising shall not be regarded as placing a product in an audiovisual work or other phonogram if it fulfils the conditions laid down in other legislation3a), 3b) '.
6. in Paragraph 2 (1), point (c) shall be deleted;
Points (d) to (f) shall be renumbered (c) to (e).
7. In Article 2 (1) (c), the words "paper-based 'shall be inserted after the words" unsolicited advertising', the words "where it leads to expenditure of the addressee or 'and the words" the dissemination of advertising by electronic means and its restriction shall be subject to specific legislation, 5a)', including footnote 5a.
8. in Paragraph 2 (1) (d), "6" is replaced by "5."
9. in Article 2 (1) (e):
"(e) the dissemination of an anonymous notice concerning elections from the publication of the elections until the end of the vote."
10. in Paragraph 2 (1), the dot is replaced by a comma at the end of point (e) and the following point (f) is added:
"(f) advertising of lotteries and other similar games which have not been authorised or notified under special legislation38).
38) Act No. 202 / 1990 Coll., on lotteries and other similar games, as amended. '
11. in Article 2 (2), the words "special legislation7)" are replaced by the words "civil code."
footnotes 6 and 7 are deleted, including the footnotes.
12. in Article 2, paragraph 5 is deleted;
Paragraphs 6 and 7 shall become paragraphs 5 and 6.
13. in Article 2 (5), "(f)" is replaced by "(d)";
14. Paragraph 2 (6) is deleted.
15. in Paragraph 2a, the words "special legislation7)" are replaced by the words "civil code."
16. in Article 2c, points (b) and (c) are deleted;
Points (d) and (e) shall be renumbered points (b) and (c).
17. in Paragraph 5d (2), including footnotes 22, 39 and 40, the following shall be added:
(2) Advertising of foodstuffs (22) must comply with the requirements laid down by the directly applicable European Union Regulation on the provision of food information to consumers (39) and the directly applicable European Union provisions laying down rules on the use of designations of origin, geographical indications and traditional expressions (40).
22) Article 2 of Regulation No 178 / 2002 of the European Parliament and of the Council of 28 January 2002 laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety, as amended.
39) Regulation 1169 / 2011 of the European Parliament and of the Council / EU.
(40) Regulation (EU) 1151 / 2012 of the European Parliament and of the Council. Regulation (EC) 110 / 2008 of the European Parliament and of the Council. Regulation (EU) 1308 / 2013. ';
18. Paragraph 6a, including the title, reads:
Funeral activities
Advertising of funeral services, crematorium operations or embalming and preservation must not be disseminated
(a) on the premises of health and social services,
(b) in the addressed form, in particular by letters, leaflets or e-mail; or
(c) in connection with information on death. ";
19. in Paragraph 6b (2), at the end of the text of the first sentence, the words "and for the dissemination of advertisements for lotteries and other similar games which have not been authorised or notified under special legislation38" shall be added.
20. in Article 7, the following points (g) and (h) are inserted after point (f):
"(g) State agricultural and food inspection for nutrition or health claims pursuant to the directly applicable European Union Regulation on nutrition and health claims 21a), for misleading information used in contravention of the directly applicable European Union Regulation on the provision of food information to consumers (39), and for data used in contravention of the directly applicable European Union provisions laying down rules on the use of designations of origin, geographical indications and traditional products40) in food advertising, including sponsorship, with the exception of the scope of point (a);
(h) the customs authorities for advertising lotteries and other similar games which have not been authorised or notified under special legislature38) and sponsoring in this field, with the exception of the scope referred to in (a), ';
Point (g) shall be renumbered as point (i).
21. in Paragraph 7a (2):
"(2) The procuring entity shall, at the request of the supervisory authorities for the purposes of administrative procedures under this Act, provide, within a period to be determined by the supervisory authority, information on the disseminator and processor of the advertisements and other materials and information relating to such advertising; such data and material shall be kept by the contracting authority for a period of 5 years from the date on which the advertising was last disseminated. Where administrative proceedings have been initiated (33) under this Act before the expiry of that period, the contracting authority shall keep the information and material relating to advertising which is subject to administrative proceedings until a final decision on the matter has been taken. '
22. in Article 7a (3), the words "without undue delay" shall be replaced by the words "within a period to be determined by the supervisory authority, but not less than five working days,"
23. in Article 7a (4), the words "without undue delay" shall be replaced by the words "within a period fixed by the supervisory authority but not less than 5 working days," and the words "the contracting authority and the processor and the data relating to the person" shall be inserted after the words "the data relating to the person."
Article 24 (7d) shall be deleted, including the title.
25. in Article 8 (1) (b):
"(b) disseminate advertising or anonymous notices concerning elections prohibited under Article 2 (1) (a), (b), (d) or (e),"
26. in Article 8 (1), point (c) is deleted;
Points (d) to (o) shall be renumbered (c) to (n).
27. in Paragraph 8 (1), point (e) is deleted;
Points (f) to (n) shall be renumbered as points (e) to (m).
28. in Article 8 (1) (g), the words "paragraph 2 or 3" shall be deleted;
29. in Paragraph 8 (1) (h) read:
"(h) in contravention of § 2 (1) (c), disseminates unsolicited advertising in paper form,"
30. in Article 8 (1), point (i) is deleted;
Points (j) to (m) shall be renumbered (i) to (l).
31. in Article 8 (1) (k), the word "or" shall be deleted and the following point (l) shall be inserted after point (k):
"(l) disseminates advertising on lotteries and other similar games not authorised or not notified under special legislation38); or"
Point (l) shall be renumbered as point (m).
32. in Paragraph 8 (1) (m) read:
"(m) in contravention of Article 7a (4), it shall not inform the supervisory authority, within the time limit specified by it, of the person who has ordered the advertising."
33.In Article 8 (2) (a), the words "or (b) 'are replaced by the words" or (f)';
34. in § 8 (2) (b), the words "§ 5b (2) or (8)" shall be inserted after the words "§ 5b (2) or" § 5c (1) or (2), "the words" 5g (1) "shall be replaced by" 5g "and the words" or § 6a (1) "shall be deleted;
35. in Article 8 (2), the words "or fails to comply with the obligation laid down in Article 7a (2)" shall be added at the end of the text of point (d).
36. In Paragraph 8, the following paragraph 3 is inserted after paragraph 2:
"(3) A natural person as a processor commits an offence by:
(a) process advertising prohibited under Article 2 (1) (a) or (f) or Article 3 (1);
(b) in contravention of Paragraph 2 (1) (b), it shall process advertising which is an unfair commercial practice;
(c) infringes the conditions laid down for comparative advertising pursuant to Article 2 (2) or Article 2a;
(d) infringes the conditions laid down for the content of advertising pursuant to § 2 (3) or (4), § 3 (6), § 4, § 5 (3), (4) or (5), § 5a (1), (2), (5), (6), (7) or (8), § 5b (2) or (8), § 5c (1) or § 5d, § 5e (1), § 5f, 5g, 5h or 5i,
(e) does not indicate a warning in advertising the tobacco product in accordance with Article 3 (5); or
(f) in contravention of Article 7a (3), it shall not at the request of the supervisory authority and within the time limit laid down by it, provide details of the advertiser and the advertiser. "
Paragraphs 3 and 4 shall be renumbered paragraphs 4 and 5.
37.Paragraph 8 (5) reads:
"(5) A fine may be imposed for an offence
(a) up to 100 000 CZK if the offence referred to in paragraph 1 is committed. (j) or in accordance with paragraph 4,
(b) up to CZK 500,000 if the offence referred to in paragraph 1 (a) or (m), paragraph 2 (d) or paragraph 3 (f) is committed,
(c) up to CZK 2 000 000 if the offence referred to in paragraph 1 (b), (c), (d), (e), (f), (g), (h), (i), (k) or (l), paragraph 2 (a), (b) or (c) or paragraph 3 (a), (b), (c), (d) or (e) applies. "
38. In Article 8, paragraph 6 is added:
"(6) A fine of up to CZK 5,000 may be imposed in block proceedings for an infringement pursuant to paragraphs 1 to 4."
39. in Paragraph 8a (1) (b):
"(b) disseminate advertising or anonymous notices concerning elections prohibited under Article 2 (1) (a), (d) or (e);"
40. in Article 8a (1), points (c) to (e) are deleted;
Points (f) to (s) shall be renumbered (c) to (p).
41.In Paragraph 8a (1) (c):
"(c) in contravention of Article 2 (1) (c), disseminates unsolicited advertising in paper form,"
42.Paragraph 8a (1) (j) shall be deleted;
Points (k) to (p) shall be renumbered (j) to (o).
43.Paragraph 8a (1) (k) shall be deleted;
Points (l) to (o) shall be renumbered as points (k) to (n).
44. in Article 8a (1) (m), the word "or" shall be deleted;
45. in Paragraph 8a (1) (n):
"(n) in contravention of § 2 (1) (b), disseminate advertising which is an unfair commercial practice;"
46. in Paragraph 8a (1), the following points (o) and (p) are added:
"(o) disseminates advertising on lotteries and other similar games not authorised or not notified under special legislation38); or
(p) in contravention of Article 7a (4) at the request of the supervisory authority and within the time limit set by it, it shall not disclose the particulars of the person who has ordered the advertising to be disseminated to it. ";
47. in Paragraph 8a (2):
"(2) A natural person, legal or business, as contracting entity, commits an administrative offence by:
(a) award an advertisement prohibited under Article 2 (1) (a) or Article 3 (1);
(b) in contravention of Paragraph 2 (1) (b), award an advertisement which is an unfair commercial practice;
(c) infringes the conditions laid down for comparative advertising pursuant to Article 2 (2) or Article 2a;
(d) infringes the conditions laid down for the content of advertising pursuant to § 2 (3) or (4), § 3 (6), § 4, § 5 (3), (4) or (5), § 5a (1), (2), (5), (6), (7) or (8), § 5b (2) or (8), § 5c (1) or (2), § 5d (3) or (4), § 5e (1), § 5f, 5h or 5i,
(e) does not indicate a warning in the advertising of a tobacco product pursuant to Article 3 (5);
(f) in contravention of Paragraph 7a (1), it shall not retain a demonstration (copy) of any advertising or lend a copy of the advertising to the supervisory authorities free of charge for the period strictly necessary;
(g) fails to fulfil the obligation under Article 7a (2);
(h) award advertising for plant protection products contrary to the directly applicable European Union regulation governing the placing on the market of plant protection products (27a);
(i) to award advertising for foodstuffs in which nutrition or health claims are made in contravention of the directly applicable European Union Regulation on food-related data in terms of nutritional value and impact on health21a),
(j) award an advertisement for foodstuffs which does not comply with the requirements laid down by the directly applicable European Union Regulation on the provision of food information to consumers (39) or the directly applicable European Union Regulation laying down rules on the use of designations of origin, geographical indications or traditional expressions (40); or
(k) enter an advertisement for lotteries and other similar games not authorised or not notified under special legislation38. ';
48. Paragraph 8a (3) reads as follows:
"(3) A natural person, whether legal or in business, as a processor, commits an administrative offence by:
(a) it shall process advertising prohibited under Article 2 (1) (a) or Article 3 (1);
(b) in contravention of Paragraph 2 (1) (b), it shall process advertising which is an unfair commercial practice;
(c) infringes the conditions laid down for comparative advertising pursuant to Article 2 (2) or Article 2a;
(d) infringes the conditions laid down for the content of advertising pursuant to § 2 (3) or (4), § 3 (6), § 4, § 5 (3), (4) or (5), § 5a (1), (2), (5), (6), (7) or (8), § 5b (2) or (8), § 5c (1) or (2), § 5d (3) or (4), § 5e (1), § 5f, 5h or 5i,
(e) does not indicate a warning in the advertising of a tobacco product pursuant to Article 3 (5);
(f) in contravention of Article 7a (3), it shall not disclose, at the request of the supervisory authority and within the time limit specified by it, information on the advertiser or the advertiser;
(g) to process advertising of plant protection products in contravention of the directly applicable European Union regulation on the placing on the market of plant protection products (27a);
(h) to process advertising for foodstuffs in which nutrition or health claims are made in contravention of the directly applicable European Union Regulation on food-related data in terms of nutritional value and impact on health21a),
(i) to process advertising for foodstuffs which does not comply with the requirements laid down by the directly applicable European Union Regulation on the provision of food information to consumers (39) or the directly applicable European Union Regulation laying down rules on the use of designations of origin, geographical indications or traditional expressions (40); or
(j) process advertising on lotteries and other similar games not authorised or not notified under special legislation38). ";
49. in Article 8a (5), the words "or (p)" shall be added at the end of the text of point (a);
50. in § 8a (5) (b):
"(b) up to CZK 2 000 000, if the administrative offence referred to in paragraph 1 (b), (c), (d), (e), (f), (g), (h), (i), (j), (k), (l) or (m),"
51. in Paragraph 8a (5) (c), "(d) or (s)" shall be replaced by "(n) or (o)."
52.In Paragraph 8a (6) (a), "(a)" is replaced by "(f) or (g)."
53.In Paragraph 8a (6) (b), "(b), (e), (f), (g) or (h)" shall be replaced by "(a), (c), (d), (e), (h), (i) or (j),";
54. in Paragraph 8a (6) (c), "(c) or (d)" shall be replaced by "(b) or (k)";
55. in Article 8a (7), the following point (a) is inserted:
"(a) up to CZK 500,000, if it is an administrative offence referred to in paragraph 3 (f),"
Points (a) and (b) shall be renumbered points (b) and (c).
56. in § 8a (7) (b), "(a), (b), (e), (f) or (g)" shall be replaced by "(a), (c), (d), (e), (g), (h) or (i)."
57. in Paragraph 8a (7) (c), "(c) or (d)" is replaced by "(b) or (j)."
58. in Paragraph 8b (6), "paragraph 1 (a) to (f)" is replaced by "points (a) to (h)" and "paragraph 1 (g)" is replaced by "point (i)."
59. Paragraph 8c (1) reads as follows:
"(1) Decisions of the supervisory authorities referred to in § 7 (b), (c), (d), (e), (f), (g), (h) and (i) issued pursuant to § 7c, 8 and 8a may be taken within 15 days of the date of notification of the decision of appeal."
60. in Paragraph 8c (2), the words "paragraph 1" and "7d," shall be deleted;
Transitional provision
Proceedings concerning an offence or other administrative offence consisting of an infringement pursuant to § 5d of Act No. 40 / 1995 Coll., as effective before the date of entry into force of this Act, initiated before the date of entry into force of this Act and by that date the final body of supervision responsible under Act No. 40 / 1995 Coll., as effective before the date of entry into force of that Act shall be completed by the final body responsible for the supervision.
Amendment to the Funeral Act
Act No. 256 / 2001 Coll., on Funeral Matters and amending certain laws, as amended by Act No. 479 / 2001 Coll., Act No. 320 / 2002 Coll., Act No. 274 / 2003 Coll., Act No. 122 / 2004 Coll., Act No. 67 / 2006 Coll., Act No. 41 / 2009 Coll., Act No. 227 / 2009 Coll. and Act No. 375 / 2011 Coll., is amended as follows:
1. In Article 26 (1), the word "or 'shall be added at the end of point (h).
2. in Article 26 (1), point (i) is deleted;
Point (j) shall be renumbered (i).
3. In Article 26 (2), "(i) and (j) 'is replaced by" and (i)';
EFFECTIVE
This Act shall take effect on the day of its publication.
z. Jerman v. r.
Zeman v. r.
Sobotka v. r.
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Regulation Information
| Citation | Act No. 202 / 2015 Coll., amending 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, and Act No. 256 / 2001 Coll., on the Funeral Society and on the Amendment of Certain Acts, as amended |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 17.08.2015 |
|---|---|
| Effective from | 17.08.2015 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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