Full text of Act No 214 / 1996 Coll.
Act on the coloring and marking of certain hydrocarbon fuels and lubricants and on measures related thereto, on the addition of Act No. 455 / 1991 Coll., on Commercial Business (Trade Trade Act), as amended, Czech National Council Act No. 587 / 1992 Coll., on Consumer Taxes, as amended, and on the amendment of the Act No. 588 / 1992 Coll., on Value Added Tax, as amended (full text as follows from the amendments and additions made by Act No. 95 / 1996 Coll.)
Valid
Declared full text
Text versions:
02.08.1996
214
_
Announces
the full text of the Act of 3 June 1994 No 136 Coll., on the dyeing and marking of certain hydrocarbon fuels and lubricants and on the measures related thereto, on the addition of Act No. 455 / 1991 Coll., on Business Enterprise (Trade Trade Act), as amended, on the Act of the Czech National Council No. 587 / 1992 Coll., on Consumer Taxes, as amended, and on the amendment of the Act of the Czech National Council No. 588 / 1992 Coll., on Value Added Tax, as amended, as amended by the Act of 13 March 1996 No. 95 Coll.
THE LAW
on the coloring and marking of certain hydrocarbon fuels and lubricants and on measures related thereto, on the addition of Act No. 455 / 1991 Coll., on Business Enterprise (Trade Trade Act), as amended, Act No. 587 / 1992 Coll., on Consumer Taxes, as amended, and on the amendment of the Czech National Council Act No. 588 / 1992 Coll., on Value Added Tax, as amended
Parliament has decided on this law of the Czech Republic:
Purpose of the law
This Law lays down the manner and conditions of dyeing and marking of certain hydrocarbon fuels and lubricants (hereinafter referred to as "fuels and lubricants') in their manufacture, processing and import, and the conditions for their purchase and sale, storage, transport and consumption, and penalties for their infringement.
(1) The following fuels and lubricants must be dyed and labelled under the conditions laid down below:
(a) medium, gas and heating oils having the following characteristics:
1. beginning of distillation at min. 150 ° C, at maximum. 350 ° C shall be distil at least 20% of the volume, including losses,
2. density at 20 ° C min. 780 kg.m-3 and max. 910 kg.m-3,
3. viscosity at 20 ° C min. 1,3 mm2.s-1 and 40 ° C max. 18 mm2.s-1,
with at least two of these characteristics is sufficient,
(b) lubricating oils and other oils having the following characteristics:
1. viscosity at 40 ° C max. 12 mm2.s-1,
2. flash point according to the Pensky and Martens method or the open cup (Cleveland) method max. 150 ° C,
the oil must have both characteristics simultaneously.
(2) They must not be dyed and labelled unless otherwise specified in the other provisions of the Act, fuels and lubricants having the characteristics referred to in paragraph 1, if they are kerosene, diesel, biodiesel, 1a) semi-finished products for the production of those fuels and lubricants which are not dyed and not branded under this Act, semi-finished products for pyrolysis and chemical processing. The Ministry of Industry and Trade shall issue by decree a list of petroleum products which must not be dyed and labelled for which dyeing and marking could be a defect for their use.
(3) Furthermore, the fuels and lubricants intended for export or placed under the customs procedure must not be dyed and marked. 2)
(4) The fuels and lubricants referred to in paragraph 1 which are intended for export shall be subject to the customs procedure at the time of removal from storage. Legal and natural persons to whom uncoloured and unbranded fuels are removed from storage shall be required, at the time of such removal, to make a declaration to the competent customs office for release for export. In the event of non-export or cancellation of the customs transit procedure, the competent customs office shall notify the competent customs office of cancellation of the export or transit procedure to the competent tax office.
Definition of terms
For the purposes of this Act:
(a) the production and processing of fuels and lubricants for the implementation of technological processes and operations in which they are obtained from oil or oil components of fuel and lubricants;
(b) storage of fuels and lubricants,
(c) transport of fuels and lubricants;
(d) the importation of fuels and lubricants for release for free circulation, (1) for inward processing in the drawback system or for processing under customs control, (2)
(e) the management of fuels and lubricants by their production, processing, import, purchase and sale, storage, transport and consumption;
(f) the operation of fuel and lubricant service stations, as well as their operation of fuels and lubricants, which are not coloured or branded.
Colouring and labelling of fuels and lubricants
(1) The fuels and lubricants must be dyed and labelled throughout their handling.
(2) The dyeing and marking of fuels and lubricants must be ensured by the manufacturer or importer, by the homogenous addition of the dye and the branding substances provided for in the Decree of the Ministry of Industry and Trade. (2a)
(3) Fuels and lubricants are subject to assessment with regard to the content of the dye and the labelling. Assessment shall be carried out in the form of certification under the Specific Regulation.3)
(4) If the manufacturer or importer does not submit the relevant certificate at the request of the control authority, this shall be considered as a breach of the obligation to dye and label fuels and lubricants. The infringement of the obligation to dye and mark fuels and lubricants is also a matter where the colouring and marking of fuels and lubricants has not been carried out on the grounds referred to in Article 2 (3), although such fuels and lubricants have not been exported or placed under the customs procedure by direct transit. 2) Those who were required to export fuels and lubricants according to their destination, if they are already their owner, shall have the same obligations as those imposed by this Act on the manufacturer in the absence of such exports.
(5) Fuel and lubricants which are coloured and labelled other than those provided for in this Act shall be regarded as fuels and lubricants which are not coloured and unlabelled.
(6) The producer and user of the mixture of colouring matter and branding substances (2a) is obliged to keep a register of colouring matter and marker substances in the manner laid down by the Decree of the Ministry of Industry and Trade (2a).
Obligations of persons handling fuels and lubricants
(1) The manufacturer is obliged to dye and mark the fuels and lubricants produced by it before they are removed. 4)
(2) The importer must ensure,
(a) that fuels and lubricants are imported only through customs crossing points listed in the Annex to this Act;
b) that imported fuels and lubricants meet the conditions laid down by this Act before they are transported across the state border of the Czech Republic.
(3) Legal and natural persons handling fuels and lubricants, including those not coloured or branded under this law (§ 2 (2) and (3)) are obliged to:
(a) to produce, process, purchase, sell, import and store fuels and lubricants for the purposes of the enterprise (4) only on the basis of a concession granted for this activity under a special law, (5) with the exception of the exclusive purchase, sale and storage of fuels and lubricants in consumer packages up to 50 kg per piece of packaging;
(b) enable control authorities to access the premises, premises and equipment used in the management of fuels and lubricants;
(c) submit to the inspection authorities, upon request, the relevant documentation and provide them with true and complete information relating to the management of fuels and lubricants;
(d) allow control authorities to take a sample of fuel and lubricant free of charge in the quantities required;
(e) to reimburse the necessary costs associated with carrying out the analysis of the sample taken by an authorised national laboratory or accredited laboratory (§ 8 (2)), if it found that the obligations laid down by this law had been infringed.
(4) Those who manufacture, process, import, sell or store fuels and lubricants, including those which are not coloured and branded under this Act (§ 2 (2) and (3)) are obliged to keep and store in the manner laid down by the Ministry of Industry and Trade (2a) the records of the types and quantities of fuels and lubricants, their production, processing, import, sale and storage.
Not allowed
(a) to dye and mark fuels and lubricants other than those provided for by this law;
(b) to make such changes as would result in the reduction or elimination of the colouring or labelling of fuels and lubricants which have been carried out in accordance with this law;
(c) to sell dyed and branded fuels and lubricants for motor vehicles and engines, with the exception of stationary engines and gas turbines intended for the production of electrical and thermal energy;
(d) to transport and store dyed and branded fuels and lubricants in a container connected to the engine as well as to put them into such a container or use them for propulsion of a motor vehicle.
Opinion on decisions on concessions
In the opinion needed for the issue of the concession, the Ministry of Industry and Trade shall indicate the type of fuel and lubricant activity for which it issues the opinion, the time range and, where appropriate, other conditions of operation.
Control
Control of compliance with the obligations laid down by this law, with the exception of the obligation laid down in Article 5 (3) (a), shall be authorised by the competent authorities of the State (hereinafter referred to as the "State Authority ') which are:
(a) Office for Technical Standardisation, Metrology and State Testing and the relevant State Service, 6)
(b) territorial financial authorities, 7)
(c) customs, 2)
(d) Czech Trade Inspection. 8)
(1) The police of the Czech Republic shall also check compliance with the obligations laid down by this Act in the performance of their tasks under the Special Act. 9)
(2) In the event of a reasonable suspicion, the police of the Czech Republic will take a sample of the fuel and lubricant as provided for by the State authorities (§ 7) in the Decree of the Ministry of Industry and Trade 2a) by delivering it to one of the State authorities referred to in § 7 (b) to (d) after sealing the sample.
(3) When checking compliance with the obligations laid down in this Act for the handling of fuels and lubricants, the state authorities are entitled to require the Police of the Czech Republic to stop motor vehicles in road traffic. The police of the Czech Republic are obliged to comply with these requirements, unless it is prevented from performing other tasks.
(1) The implementation of the control shall be governed by the rules on the rights and obligations of control officers and control officers, 10) unless otherwise provided for in a separate law. 11)
(2) An analysis of the sample of fuel and lubricant collected for the purpose of checking compliance with the obligations laid down by this Act is entitled to carry out, at the request of the public authorities, authorised national testing and accredited laboratories. 11a)
Fines
(1) A public authority shall impose a fine on a natural person who is an entrepreneur, 12) or a legal person who infringes the obligation laid down in § 4 (4) and (6), § 5 (1) and (2), § 5 (4) or § 6, up to a maximum of CZK 50 000 000, but not less than CZK 20 000. For the re-infringement of the obligation, the state authority will impose a fine of up to CZK 100,000 000.
(2) A reversal of an obligation shall mean an infringement committed by a natural person who is an entrepreneur, 12) or a legal person within one year of the legal authority of a decision imposing a fine for the previous infringement referred to in paragraph 1.
(3) The fine may be imposed within one year of the date on which the State authority found the infringement, but no later than three years after the infringement occurred.
(4) In fixing the amount of the fine, account shall be taken of the gravity, manner, duration and consequences of the infringement.
(1) A national authority shall impose a fine on a natural person who owns or uses a passenger motor vehicle with a diesel engine for purposes other than business, for a intentional breach of the obligation laid down in § 6 (d) up to CZK 2000. The fine may also be imposed repeatedly.
(2) The fine may be imposed within one year of the date on which the State authority found the infringement, but no later than three years after the infringement. Paragraph 9 (4) shall apply mutatis mutandis.
(1) The State authority shall impose on a natural person, who has caused the checked person to fail to comply with the obligation laid down in § 5 (3) (b) to (d) or otherwise thwarts, violates or makes the performance of the inspection difficult, an order fine of up to CZK 500 000.
(2) Order fines may also be imposed again.
(3) Order fines may be imposed within 60 days of the date on which the State authority found the infringement, but not more than six months from the date on which the infringement occurred.
(1) The fine under this law is levied by the State authority (§ 7) which imposed it.
(2) The fine is the income of the State budget.
(3) Save as otherwise provided in this Act or in Special Laws (11), general administrative provisions shall apply to the imposition of fines. 14)
Synergies of state authorities
If the State authority finds that the handling of fuels and lubricants has taken place in breach of this Act, it shall communicate such findings to all the State authorities referred to in Section 7 to the competent trade office and to the Police of the Czech Republic, unless special law 15 provides otherwise.
Authorisation provisions
The Ministry of Industry and Trade will issue a decree adjusting
(a) the type of colouring agent and labelling agent;
(b) details of colour and marking operations;
(c) the method of sampling;
(d) the method of keeping records of the types and quantities of fuels and lubricants, their production, processing, import, sale and storage;
(e) the method of keeping records of the manufacture and use of the colouring agent and the labelling agent;
(f) a list of products which must not be dyed and labelled for the purpose of their use (Section 2 (2));
(g) the procedure for checking the dyeing and marking and the method of handling the sample of fuel and lubricant taken until it has been transmitted to an authorised public service or accredited laboratory.
Complement of Act No. 455 / 1991 Coll., on Business Business (Trade Act), as amended
Act No. 455 / 1991 Coll., on Business Business (Trade Code Act), as amended by Act No. 231 / 1992 Coll., Czech National Council Act No. 591 / 1992 Coll., Act No. 273 / 1993 Coll., Act No. 303 / 1993 Coll., Act No. 38 / 1994 Coll. and Act No. 42 / 1994 Coll., is added as follows:
1. in Paragraph 58 (1), the following point (e) is added:
"(e) fuel and lubricant manufacturers for which special provisions are laid down in Article 16) shall not comply with this obligation, the importers of such fuels and lubricants shall not ensure that such fuels and lubricants are imported only through customs transitions provided for in special legislation16) and that such fuels and lubricants are dyed and labelled before the start of the customs procedure for release for free circulation, for inward processing in the system of drawback or re-processing under customs supervision, 2).
16) Act No. 136 / 1994 Coll., on the coloring and marking of certain hydrocarbon fuels and lubricants and on the measures related thereto, on the addition of Act No. 455 / 1991 Coll., on Business Business (Trade Trade Act), as amended, Act No. 587 / 1992 Coll., on Consumer Taxes, as amended, and amending Act No. 588 / 1992 Coll., on Value Added Tax, as amended. '
2. Annex 3 is added as follows:
| 1 | 2 | 3 | 4 | 5 | |||
|---|---|---|---|---|---|---|---|
| Výroba a zpracování paliv a maziv | a) vysokoškolské vzdělání v oboru chemie a 5 let praxe v oboru | Ministerstvo průmyslu a obchodu | zákon č. 136/1994 Sb., o barvení a značkování některých uhlovodíkových paliv a maziv a o opatřeních s tím souvisejících, o doplnění zákona č. 455/1991 Sb., o živnostenském podnikání (živnostenský zákon), ve znění pozdějších předpisů, zákona ČNR č. 587/1992 Sb., o spotřebních daních, ve znění pozdějších předpisů, a o změně zákona ČNR č. 588/1992 Sb., o dani z přidané hodnoty, ve znění pozdějších předpisů | ||||
| b) středoškolské vzdělání v oboru chemie zakončené maturitní zkouškou a 10 let praxe v oboru | |||||||
| Nákup, prodej a skladování paliv a maziv včetně jejich dovozu s výjimkou výhradního nákupu, prodeje a skladování paliv a maziv ve spotřebitelském balení do 50 kg na jeden kus balení | Ministerstvo průmyslu a obchodu | zákon č. 136/1994 Sb. | |||||
| Provozování čerpacích stanic s palivy a mazivy | Ministerstvo průmyslu a obchodu | zákon č. 136/1994 Sb. | |||||
Complementary Act of the Czech National Council No. 587 / 1992 Coll., on Consumer Taxes, as amended
Act of the Czech National Council No. 587 / 1992 Coll., on Consumer Taxes, as amended by Act No. 199 / 1993 Coll. and Act No. 325 / 1993 Coll., is added as follows:
1. In Paragraph 18 (2), the dot is deleted at the end and the following text is added: "or it is sold with the designation of automotive petrol, aviation fuel, diesel or kerosene. '.
2. In Paragraph 20 (b), the dot is deleted at the end and the following text is added: "or on the date of their sale marked as automotive gasoline, aviation fuel, diesel or kerosene. '.
Amendment of the Czech National Council Act No. 588 / 1992 Coll., on Value Added Tax, as amended
Act No. 588 / 1992 Coll., on Value Added Tax, as amended by Act No. 196 / 1993 Coll., Act No. 321 / 1993 Coll. and Act No. 42 / 1994 Coll., is amended as follows:
in Annex 1, after the entry "271000 - Non-crude mineral oils and oils obtained from bituminous minerals; preparations not elsewhere specified or included, containing not less than 70% or more by weight of petroleum oils or oils obtained from bituminous minerals, if these essential components of these preparations are 'omit the following text:
"outside:
27100074 - Fuel oils with a sulphur content not exceeding 1% by weight (5% rate),
27100076 - Heating oils with a sulphur content exceeding 1% by weight but not exceeding 2% by weight (5% rate),
27100077 - Fuel oils with a sulphur content exceeding 2% by weight but not exceeding 2,8% by weight (5% rate),
27100078 - Heating oils with a sulphur content exceeding 2,8% by weight (5% rate). '
Transitional and final provisions
Natural and legal persons may continue the activity which becomes a regulated activity for a period of six months from the date of entry into force of this Act, on the basis of the prior authorisation; However, such authorisations shall expire.
This Act shall take effect on 1 July 1994.
* * *
Law No 95 / 1996 Coll. came into force on 26 April 1996.
Zeman v. r.
Annex to Act No. 136 / 1994 Coll.
Article 5 (2) (a) of the Act provides:
A. In rail transport
1. On the section of state borders with the Slovak Republic, the customs crossing points of the Most near Jablunkov, Horní Lideč, Lanžhot,
2. On the section of state borders with the Republic of Poland the customs crossing points Český Těšín, Interměstí,
3. On the section of state border with Germany customs crossings Cheb, Decin, Česká Kubice,
4. On the section of the state border with Austria customs crossings of Horní Dvořiště, Břeclav.
B. In road transport
1. On the section of the state border with the Slovak Republic, the customs crossing points of the Most near Jablunkov, Střelná, Breclav,
2. On the section of the state border with the Republic of Poland, the customs crossing point of Chotebuz, Náchody,
3. On the section of the state border with Germany customs crossing Jiřikov, Guard,
4. On the section of the state border with Austria customs crossings of Lower Dvořiště, Hatá.
(1a) § 19 (3) of the ČNR Act No. 587 / 1992 Coll., on excise duties, as amended.
2) Act No. 13 / 1993 Coll., as amended.
4) § 2 (g) of the ČNR Act No. 587 / 1992 Coll., as amended.
1) § 128 et seq. of Act No. 13 / 1993 Coll., Customs Act.
2a) Decree of the Ministry of Industry and Trade No. 171 / 1994 Coll., laying down details of the dyeing and marking of certain hydrocarbon fuels and lubricants, as amended by Decree of the Ministry of Industry and Trade No. 188 / 1995 Coll.
3) § 24a et seq. of Act No. 30 / 1968 Coll., on State Testing, as amended.
4) § 2 (1) of Act No. 513 / 1991 Coll., Commercial Code.
5) Act No. 455 / 1991 Coll., on Business Business (Trade Act), as amended.
6) Act No. 30 / 1968 Coll.
7) Act No. 531 / 1990 Coll., on Territorial Financial Bodies, as amended.
8) Act ČNR No. 64 / 1986 Coll., on Czech Trade Inspection, as amended.
9) § 1 (2), § 2 (1) of Act No. 283 / 1991 Coll., on the Police of the Czech Republic, as amended.
10) Act No. 552 / 1991 Coll., on State Control, as amended.
11) Act No. 337 / 1992 Coll., on the Administration of Taxes and Fees, as amended. Act No. 64 / 1986 Coll. Act No. 30 / 1968 Coll. Act No. 531 / 1990 Coll. Act No. 283 / 1991 Coll. Act No. 13 / 1993 Coll., as amended.
11a) Act No. 20 / 1993 Coll., on the performance of state administration in the field of technical standardisation, metrology and state testing.
12) Paragraph 2 (2) of the Commercial Code.
14) Act No. 71 / 1967 Coll., on Administrative Procedure (Administrative Regulations).
15) For example Act No. 337 / 1992 Coll., as amended.
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Regulation Information
| Citation | Full version of Act No. 214 / 1996 Coll., Act on the Dyeing and Labelling of Certain Hydrocarbon Fuels and Lubricants and on Measures related thereto, on the Addition of Act No. 455 / 1991 Coll., on Business Business (Trade Trade Fair Act), as amended, Act of the Czech National Council No. 587 / 1992 Coll., on Consumer Taxes, as amended, and amending Act No. 588 / 1992 Coll., on Value Added Tax, as amended (as amended, as amended by Act No. 95 / 1996 Coll.) |
|---|---|
| Regulation Type | Declared full text |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 02.08.1996 |
|---|---|
| Effective from | - |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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