Act No. 229 / 2006 Coll.
Act amending Act No. 634 / 1992 Coll., on Consumer Protection, as amended, and certain other laws, as amended
Valid
Law
Effective from 29.05.2006
Text versions:
13.12.2024
29.05.2006
229
THE LAW
of 26 April 2006
amending Act No. 634 / 1992 Coll., on Consumer Protection, as amended, and certain other laws, as amended
Parliament has decided on this law of the Czech Republic:
Amendment to the Consumer Protection Act
Act No. 634 / 1992 Coll., as amended by Act No. 217 / 1993 Coll., Act No. 40 / 1995 Coll., Act No. 104 / 1995 Coll., Act No. 110 / 1997 Coll., Act No. 356 / 1999 Coll., Act No. 64 / 2000 Coll., Act No. 145 / 2000 Coll., Act No. 258 / 2000 Coll., Act No. 102 / 2001 Coll., Act No. 452 / 2001 Coll., Act No. 477 / 2001 Coll., Act No. 151 / 2002 Coll., Act No. 320 / 2002 Coll., Act No. 227 / 2003 Coll., Act No. 439 / 2003 Coll., Act No. 119 / 2004 Coll., Act No. 186 / 2004 Coll.
1. Paragraph 10 (8) is deleted.
Article 11, including footnote 10, reads:
(1) Where the information referred to in Sections 9, 10, 13 and 19 is provided in writing, it shall be in the Czech language.
(2) The individual information referred to in Sections 9 and 10 may be provided in the form of pictograms which must be comprehensible, legible and complete. In the case of sales of products marked with pictograms, the seller shall, upon request, explain or make available to the consumer their meaning.
(3) Physical quantities must be expressed in units of measurement provided for by special legislation10).
10) Article 2 of Act No. 505 / 1990 Coll., on Metrology, as amended. '
3.
The seller shall inform the consumer properly of the extent, conditions and manner of liability for defects in the products and services, including the conditions for the application of the conflict with the purchase contract (hereinafter referred to as "the complaint '), together with the information on where the claim may be made and the implementation of the guarantee corrections.'
4. In Section 14, the following paragraph 1 is added:
"(1) The seller shall designate the establishment in accordance with the specific legislation11b).
11b) Article 17 of Act No. 455 / 1991 Coll., on Business Business (Trade Act), as amended. '
The current text becomes paragraph 2.
5. The following Section 14a is inserted after Section 14, including footnotes 11c and 11d:
The market operator (market operator) 11c), including a municipality renting part of the public space for occasional market selling, is required to keep records of sellers, which must contain data to the extent specified in special legislation11d, and to submit it at the request of the supervisory authority. The record shall be kept for a period of one year from the date of the recording.
11c) § 132 (d) of Act No 353 / 2003 Coll., on excise duties, as amended by Act No 217 / 2005 Coll.
11d) Paragraph 17 (7) of Act No. 455 / 1991 Coll., on Business Business (Trade Act), as amended. '.
6. In Article 15, the following paragraph 3 is added:
"(3) If the service is not provided on hold, the seller shall issue a written confirmation of receipt of the order to the consumer. The certificate shall contain a description of the subject-matter of the service, its scope, quality, the price of the service and its date of performance. ';
7. Paragraph 16 (1) reads as follows:
"(1) At the consumer's request, the seller shall issue proof of the purchase of the product or service, indicating the date of sale of the product or service, the product or service concerned and the price at which the product or service was sold, together with the identity of the seller containing the name or surname or business name or, where applicable, the name of the seller, its identification number, its registered office (if it is a legal person) or the place of business (if it is a natural person), unless otherwise provided for in the specific legislation. ';
8. The following Section 18b is inserted after Section 18a, including footnote 12c:
No one must use the eco-branding12c unduly.
(12c) Regulation (EC) No 1980 / 2000 of the European Parliament and of the Council on a revised Community eco-label award scheme. ';
9. In Paragraph 19 (1), the following text is added at the end: "The seller shall issue a written confirmation to the consumer of when the consumer has exercised the right, what is the content of the claim and what manner of processing the claim the consumer requires; as well as confirmation of the date and manner of processing of the claim, including confirmation of the correction and the duration of the correction and, where appropriate, a written justification for the rejection of the claim. This obligation shall also apply to other persons designated to make a correction. ';
10. In Article 19 (4), the words "at the consumer's request 'shall be deleted and the words" in writing' shall be inserted after the words "pursuant to Article 13 '.
11. in Article 23 (1), the words "and § 8a" shall be deleted and the text "§ 7, 8" shall be replaced by "§ 8."
12. Paragraph 23 (2) is deleted.
Paragraphs 3 to 9 shall be renumbered paragraphs 2 to 8.
13. in Article 23 (2), "§ 7, 8" is replaced by "§ 8, 8a" and "§ 10 (4)" is replaced by "a" and "§ 14a" is added. "
14. in Article 23 (3), the words "§ 7," shall be deleted and the words "§ 10 (1) and (3)" shall be inserted after the words "§ 14a."
15. in Article 23 (4), the words "§ 7," shall be deleted and the words "§ 10 (1) (c)" shall be inserted after the words "§ 14a."
16. in Paragraph 23 (5):
"(5) Supervision of compliance with the obligations laid down in § 8, 9 to 13, § 14 (2), § 14a to 16 and in § 18 of this Act in the field of trade and services (21) shall also be carried out by the municipal trade offices (11a) responsible for the location of the establishment."
17. Paragraph 23 (6) reads as follows:
"(6) Supervision of compliance with the obligations laid down in § 7b, § 8 (2) and § 8a shall also be carried out by the customs authorities under § 23b and 23c of this Act."
18. In Article 23 (8), the words "up to 8, 11 and 11 'are replaced by the words" up to 7, 11,' and the words "12 (1) 'are inserted after the words", 14 (1) and 14a'.
19. The following Sections 23b and 23c are inserted after Article 23a, including footnote 21a, 21f, 21g, 21h, 21i 21j, 21k, 21l and 21m:
Customs
(1) The customs authorities are entitled, in accordance with Article 23 (6), to:
(a) to inspect legal and natural persons who manufacture, store, distribute, import, export, purchase, sell or supply goods on the internal market or engage in other similar activities on the internal market, together with the Czech Trade Inspection Office or separately, in cases where there are reasonable grounds for suspecting that products or goods infringe certain intellectual property rights;
(b) enter in the course of inspection
1. to establishments or warehouses (§ 8 (6)) which they have reason to suspect may offer, store or sell products or goods in breach of certain intellectual property rights (§ 8 (2)); the State is responsible for the damage caused; it may not waive that responsibility;
2. to the premises of the manufacturer, importer or distributor and require the submission of relevant documentation and the provision of true information. The manufacturer, importer or distributor may be invited by the customs officer to arrange and submit expert observations to him (21a) on the subject of supervision, or the customs officer may invite the competent person to supervise for payment. The price for the performance of a competent person shall be negotiated in accordance with the special regulation 21f),
(c) verify the identity of the natural persons, if they are controlled persons, as well as the identity of the natural persons who represent the controlled persons in the control and the authorisation to represent them;
(d) to require the necessary documents, particulars and written or oral explanations from the persons checked;
(e) to take the necessary samples of products or goods as compensation from controlled persons to assess whether they are a product or goods infringing certain intellectual property rights to deceive consumers. A refund shall be granted for samples of products or goods taken from the person checked at the price at which the product or goods are offered at the time of taking the sample. No refund shall be granted if the person checked surrenders to him or her. The right to reimbursement shall not arise in respect of a product or goods for which a final decision shall be taken to infringe certain intellectual property rights.
(2) In carrying out the duties under this Act, customs officials shall be shown by delegation of the customs office and by the service pass of the customs officer without notice.
(3) Customs officers are required to maintain confidentiality regarding the facts forming the subject of the trade secret 21g) which they have become aware of in the performance of, or in the performance of, the control tasks, with the exception of the provision of the necessary information for purposes and in criminal proceedings.
(4) Customs officers are entitled to carry out checks to ensure that consumers are not misled in accordance with § 7b, § 8 (2) and § 8a.
(5) The customs office shall inform the complaining party of the identified misconduct of the consumer pursuant to Article 8 (2) or of the deficiencies found and their causes.
(6) The customs office may invite a person who is competent under special legislation 21a to participate in the inspection, provided that this is justified by the nature of the inspection activity. These persons shall have the rights and duties of customs officers within the limits of the mandate given to them by the customs office. Professional persons may not be entrusted with the imposition of measures and penalties under this or other laws 21h).
(7) Controlled persons shall be required to allow customs officers and competent persons invited to participate in the inspection to carry out their tasks relating to the performance of the inspection.
(1) The customs officer is obliged to impose on the supply, sale, storage, distribution, import or export of products or goods or the supply of products and goods on the internal market or the development of other similar activities on the internal market referred to in Sections 7b and 8 (2), in order to ensure such products or goods. The customs office of departure shall notify the customs office of departure of the goods. The customs officer shall transmit a copy of the official record to the person checked.
(2) The customs office shall be authorised to store the products or goods covered by Article 7b and Article 8 (2) outside the reach of the person checked. The person to be checked shall be required to issue the goods or the goods to the customs authorities. If he refuses to issue, these products or goods shall be removed from the person checked. The customs officer shall make an official record of the issue or withdrawal. The costs of securing, transporting and storing shall be borne by the person checked. The audited person shall not be obliged to pay these costs if it is established that the products or goods referred to in § 7b or § 8 (2) are not the subject of the inspection.
(3) The control officer may, within 3 working days of the date of notification of the measure, submit written objections to the Director of the customs office. The objections do not have suspensory effect. The Director of the Customs Office shall decide on the objections without undue delay. His decision is final. The written decision of objections shall be delivered to the person checked.
(4) The security of the products or goods referred to in paragraph 1 shall continue until a final decision is taken to forfeit them or prevent them or, where appropriate, until it is demonstrated that they are not products or goods infringing certain intellectual property rights. The revocation of measures to ensure the protection of products or goods which are shown not to infringe certain intellectual property rights shall be done in writing by the Director of the Customs Office. The decision shall be delivered to the person checked. Where the security measure has been repealed, the products or goods secured shall be returned, without undue delay, to the person checked, in the intact state, with the exception of the products or goods used for the assessment. The customs officer will write a written record of the return.
(5) The Director of the Customs Office shall, in addition to the fine, impose a forfeiture or prevent the products or goods referred to in § 7b or § 8 (2). The owner of the fallen or seized products or goods becomes the State 21h).
(6) The Director of the Customs Office shall determine that the products or goods seized or forfeited shall be destroyed or, where they are usable for humanitarian purposes, the Director of the Customs Office may determine that they shall be provided for such purposes free of charge. Humanitarian purposes are activities carried out to ensure the basic needs of a population that is in a difficult living situation or has been affected by an emergency where the use of exceptional material resources is justified.
(7) Where the decision referred to in paragraph 5 is final and the director of the customs office has determined that the products or goods seized or forfeited are destroyed, the destruction shall be carried out under the official supervision of a three-member commission appointed by the director of the customs office. The committee will write a report on the destruction, which will be signed by all three members of the committee. Destruction shall be carried out on the cargo of the controlled person who has offered, sold or stored the goods.
(8) The customs office shall impose an obligation to pay the costs referred to in paragraphs 2 and 7 by a decision with a maturity of not more than 30 days from the date of notification of the decision. If these costs are not paid within the payment deadline, the customs office shall proceed to recover them under special legislation21i).
(9) Products or goods which have been forfeited or seized on the basis of a decision which has acquired legal authority may be granted for humanitarian purposes under the conditions laid down in this Law only to the recipient organisations which may:
(a) the organisational components and contribution organisations of the State or local authorities established for the purpose of providing social welfare or in the field of health or education21j); or
(b) other legal persons 21k) if they fulfil the following conditions:
1. have not been set up for business purposes;
2. their activity shall only be carried out in the areas referred to in point (a);
3. provide humanitarian aid for at least 2 years; and
4. Prove that they do not have tax arrears or arrears in respect of social security premiums and contributions to national employment policy and that they are not subject to legal proceedings.
(10) For humanitarian purposes, products or goods which appear to be health-friendly may be provided are safe and from which the recipient organisation has been completely removed and destroyed by the elements infringing intellectual property rights. Each product or goods shall be marked with an unremovable colour with the inscription "humanities' in such a way that the dignity of the natural persons who will use such products is not reduced.
(11) The supply of the product or goods for humanitarian purposes shall be subject to a written contract between the Directorate-General for Customs and the receiving organisation, which shall, in addition to the usual essential requirements, include the type and quantity of products or goods provided and the provisions on the contractual fine (21l) in the event of a breach of the obligation to supply the product or goods solely for humanitarian purposes and the specific purpose for which the receiving organisation shall apply them; the amendment of the contract may change that purpose while complying with that law. Products or goods shall be provided to the receiving organisations according to the order of the requests received and taking into account the effectiveness of the use or urgency of the needs. The removal of elements infringing intellectual property rights, their destruction and the relevant marking referred to in paragraph 10 shall be carried out or ensured at the expense of the receiving organisation. The Protocol shall be drawn up by a three-member commission appointed by the Director of the Customs Office, the members of which may be the owners of the intellectual property right or their representatives. The minutes shall be signed by all three members of the committee.
(12) The receiving organisation shall:
(a) immediately remove and destroy the elements infringing intellectual property rights;
(b) use products or goods only for humanitarian purposes in the territory of the Czech Republic; and
(c) take measures to prevent the diversion of products or goods and their reintroduction into trade.
(13) The customs office shall check with the receiving organisation the fulfilment of the obligations laid down in this Act and those to which the receiving organisation has contracted.
(14) The receiving organisation shall, for a period of 3 years from the time of the supply of the products or goods, record and archive for the purposes of the inspection carried out by the customs office, evidence of receipt of the products or goods and of the removal and destruction of the elements infringing the intellectual property rights and how they have been proven to have been handled. This provision is without prejudice to the provisions of the specific legislation governing the registration and archiving of documents (21m).
21a) For example, Article 11a of Act No. 22 / 1997 Coll., on technical requirements for products and on the amendment and addition of certain laws, as amended by Act No. 71 / 2000 Coll., Act No. 36 / 1967 Coll., on experts and interpreters.
21f) Act No. 526 / 1990 Coll., on Prices, as amended.
21g) § 17 et seq. of Act No. 513 / 1991 Coll., Commercial Code.
21h) Act No. 219 / 2000 Coll., on the assets of the Czech Republic and its presentation in legal relations, as amended.
21i) Act No. 337 / 1992 Coll., on the Administration of Taxes and Fees, as amended.
21j) For example, Act No. 114 / 1988 Coll., on the competence of the authorities of the Czech Republic in social security, as amended, Act No. 109 / 2002 Coll., on the performance of constitutional education or protective education in educational establishments and on preventive educational care in educational establishments and on the amendment of other laws, as amended, Act No. 170 / 2002 Coll., on war veterans, as amended by Act No. 190 / 2005 Coll.
21k) For example, Act No. 248 / 1995 Coll., on Public Beneficial Companies and on the amendment and addition of certain laws, as amended, Act No. 227 / 1997 Coll., on Foundations and Foundation Funds and on the amendment of certain related laws (Act on Foundations and Foundations), as amended, as amended, and Act No. 210 / 2002 Coll. and Act No. 257 / 2004 Coll., Act No. 83 / 1990 Coll., on the Association of Citizens, as amended, Act No. 4 / 2002 Coll., Act No. 562 / 2004 Coll., and Act No. 495 / 2005 Coll., Act No. 325 / 1999 Coll.
21l) § 51 of the Civil Code.
21m) For example Act No. 563 / 1991 Coll., on Accounting, as amended, Act No. 337 / 1992 Coll., on Administration of Taxes and Fees, as amended. '
20. In Paragraph 24 (1), the amount "1 000 000 CZK" is replaced by "50 000 000 CZK." The last sentence is deleted.
21. In Paragraph 24 (3), the amount "CZK 1 000 000" is replaced by "CZK 50 000 000."
22. in § 24, paragraph 4, the amount "10 000 000 CZK" is replaced by "50 000 000 CZK."
23. Paragraph 25 (2) reads as follows:
"(2) An application to initiate proceedings before a court for the abstention of an infringement in respect of the protection of consumer rights may be made and the party to such proceedings may be:
(a) the association in whose statutes these objectives are stated; or
(b) the body listed in the list of persons entitled to bring actions for the abstention of an infringement in the field of the protection of consumer rights (hereinafter referred to as "the list of authorised persons"), without prejudice to the right of the court to examine whether the application for the initiation of proceedings has been brought by an authorised body. "
24. In Article 25, paragraphs 3, 4 and 5 are added, including footnote 20:
"(3) The list of authorised persons shall be kept by the Commission of the European Communities and shall be published in the Official Journal of the European Union20).
(4) An association may be proposed for the Czech Republic in the list of authorised persons if:
(a) was established in accordance with the law of the Czech Republic 15),
(b) active in the field of consumer protection for at least two years;
(c) is independent and not profitable; and
d) has settled all financial liabilities to the Czech Republic.
(5) A request for inclusion in the list shall be submitted by the Association to the Ministry of Industry and Trade together with evidence of compliance with the conditions laid down in paragraph 4. If the association meets the conditions laid down, the Ministry of Industry and Trade shall propose its inclusion in the list of authorised persons to the Commission of the European Communities.
20) Directive 98 / 27 / EC of the European Parliament and of the Council on actions to delay negotiations in the field of consumer protection. "
25. In Article 26, the words "carrying out their tasks under Part Three of this Act." are replaced by the words "supervising the protection of consumers' interests."
26. In Article 28, the words "§ 23a 'are inserted after the words" § 23b and 23c'.
Amendment of the Act on Czech Trade Inspection
In Article 2 (1) of Act No. 64 / 1986 Coll., on Czech Trade Inspection, as amended by Act No. 145 / 2000 Coll., Act No. 102 / 2001 Coll., Act No. 321 / 2001 Coll. and Act No. 439 / 2003 Coll., the words "internal market or" are replaced by the words "internal market," and the words "credit" are inserted after the word "operating market (market)."
Amendment of the Act on technical requirements for products and amending and supplementing certain laws
In Article 19 (1) of Act No. 22 / 1997 Coll., on Technical Requirements for Products and on the Amendment and Addition of Certain Acts, as amended by Act No. 71 / 2000 Coll., Act No. 205 / 2002 Coll., Act No. 226 / 2003 Coll. and Act No. 277 / 2003 Coll., the amount "20 million CZK" is replaced by "50 million CZK."
Amendment of the Food and Tobacco Products Act and amending and supplementing certain related laws
Act No. 110 / 1997 Coll., on Food and Tobacco Products and amending and supplementing certain related laws, as amended by Act No. 166 / 1999 Coll., Act No. 119 / 2000 Coll., Act No. 306 / 2000 Coll., Act No. 146 / 2002 Coll., Act No. 131 / 2003 Coll., Act No. 274 / 2003 Coll., Act No. 94 / 2004 Coll., Act No. 316 / 2004 Coll., Act No. 558 / 2004 Coll., Act No. 392 / 2005 Coll., and Act No. 444 / 2005 Coll., is amended as follows:
1. Paragraph 17 (3) reads as follows:
"(3) an operator of a food business which puts food and tobacco products into circulation and who infringes the obligations referred to in paragraph 1;
(a) in Article 3 (2) (a) or (b) or in Article 3 (7) or (8),
(b) in § 3 (4) (d) and § 4,
(c) Paragraph 10 (2) or (3),
(d) in Article 12 (1) (b) or Article 12 (2),
(e) in paragraph 2 again,
the competent supervisory authority shall impose a fine of up to CZK 3 000 000. ';
2. In Article 17, the following paragraph 4 is added:
"(4) an operator of a food business which puts food and tobacco products into circulation and who infringes the obligations referred to in paragraph 1;
(a) in Article 3 (1) (a) or (b), where there are health requirements;
(b) Paragraph 10 (1),
(c) Paragraph 11 (2) (a),
the competent supervisory authority shall impose a fine of up to CZK 50 000 000. ';
Paragraphs 4 to 18 shall become paragraphs 5 to 19.
3. in Article 17 (6) (5), "paragraph 4" is replaced by "paragraph 5."
4. in Paragraph 17 (9) (current paragraph 8), "paragraph 7" is replaced by "paragraph 8";
5. in Paragraph 17 (11) (current paragraph 10), "paragraph 9" is replaced by "paragraph 10."
EFFECTIVE
This Act shall take effect on the day of its publication.
v. Kasal v. r.
Klaus v. r.
Paroubek v. r.
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Regulation Information
| Citation | Act No. 229 / 2006 Coll., amending Act No. 634 / 1992 Coll., on Consumer Protection, as amended, and certain other laws, as amended |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 29.05.2006 |
|---|---|
| Effective from | 29.05.2006 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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