Act No. 234 / 2013 Coll.
Act amending Act No 311 / 2006 Coll., on Fuel and Gas Station and amending certain related laws (Fuel Act), as amended, and Act No 455 / 1991 Coll., on Business Business (Trade Act), as amended
Valid
Effective from 01.10.2013
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234
THE LAW
of 26 June 2013
amending Act No 311 / 2006 Coll., on Fuel and Gas Station and amending certain related laws (Fuel Act), as amended, and Act No 455 / 1991 Coll., on Business Business (Trade Act), as amended
Parliament has decided on this law of the Czech Republic:
Amendment of the Fuel Act
Act No 311 / 2006 Coll., on fuel and petrol stations and amending certain related laws (Fuel Act), as amended by Act No 575 / 2006 Coll., Act No. 107 / 2007 Coll., Act No. 227 / 2009 Coll., Act No. 281 / 2009 Coll., Act No. 91 / 2011 Coll. and Act No. 18 / 2012 Coll., is amended as follows:
1. Paragraph 2 (j) reads as follows:
"(j) a fuel distributor, the person who sells or is entitled to sell fuel in the Czech Republic, with the exception of:
1. sales of fuel from the petrol station,
2. sales of compressed natural gas if its seller holds a valid licence to trade in gas under the Energy Act. ';
Article 2 (4a) and (4b) shall be deleted, including the headings.
3. The following Section 5a is inserted after Section 5:
Fuel distributor and petrol station operator are obliged to buy fuel only in the Czech Republic
(a) from a person registered as a fuel distributor; or
(b) at a service station registered in the register of service stations. ';
4. The following Sections 6a to 6p are inserted after Section 6, including the headings:
Fuel distribution conditions
(1) The customs office shall issue an opinion under the Trade Code on the application for:
(a) business licence for fuel distribution;
(b) the approval of the provisions of the fuel distribution agent responsible.
(2) The customs office shall issue a favourable opinion if the reliability condition is met for:
(a) applicants for trade authorisations for fuel distribution;
(b) the statutory authority or member of the statutory authority of that applicant; and
(c) the responsible representative of that applicant.
(3) The condition of reliability must be fulfilled throughout the period of the business licence for distribution of fuel
(a) holder of a trade licence for fuel distribution;
(b) the statutory authority or member of the statutory authority of that holder; and
(c) the responsible representative of that holder.
(4) Where the customs office issues an opposition opinion, it shall state the reasons for that opinion.
Reliability
(1) A person who:
(a) is fair, and
(b) has not, in the last 3 years, seriously infringed, or this law.
(2) For the purposes of this Act, a person who has not been lawfully convicted of an offence against property or an economic offence shall be deemed to be righteous, or who is regarded as not being convicted.
(3) Where a legal person seriously infringes tax or customs legislation or this law, it shall, for the purposes of assessing compliance with the conditions of reliability, be regarded as being in breach of the statutory authority or member of the statutory authority at the time of such infringement.
(4) If a person seriously infringes this law, it shall be regarded, for the purposes of assessing compliance with the requirement of reliability, as having been the responsible representative of that person at the time of the infringement, as having also infringed it.
Demonstration of integrity
(1) If the person who is required to comply with the condition of reliability is a foreigner or a legal person who is not established in the territory of the Czech Republic, the applicant shall also add to the application for a trade licence for the distribution of fuel an extract from the record of penalties or an equivalent document issued by the State,
(a) of which that person is a national or is based; and
(b) in which the person has remained or settled continuously for more than 3 months in the last 3 years.
(2) If the person who has to fulfil the requirement of reliability is a national of the Czech Republic who has remained continuously in the territory of another State for more than 3 months during the last 3 years, the applicant shall also add to the application for a trade licence for the distribution of fuel an extract of the record of penalties or an equivalent document issued by that State.
(3) A person who is or has been a national of a Member State other than the Czech Republic, or a person who has or has been resident in a Member State other than the Czech Republic, may, instead of the documents referred to in paragraph 1 or 2, attach another document proving its integrity to the application for a trade permit.
(4) Where a State does not issue a document pursuant to paragraphs 1 to 3, that document may be replaced by an affidavit made before a notary or authority of that State which is not more than 3 months old.
(5) The fuel distributor must, at the request of the customs office, submit the document referred to in paragraphs 1 to 4 within the time limit set by the customs office.
Responsible representative
(1) The responsible representative of the fuel distributor may be designated only by a person who does not perform the function of responsible representative for another fuel distributor.
(2) The Trade Licensing Office shall revoke the trade licence for the distribution of fuel or change its scope if:
(a) the fuel distributor has not appointed a responsible representative, although the trade law requires it; or
(b) the trade office has not approved the provision of a new representative because that representative does not fulfil:
1. the condition laid down in paragraph 1,
2. the condition of reliability; or
3. the conditions laid down by the Trade Act.
Registration of fuel distributor
Registration procedure
(1) The fuel distributor is obliged to register with the customs office before commencing his activity.
(2) The provisions of the tax rules shall apply mutatis mutandis to the registration procedure and the administration of the payment of bail.
Application for registration
The registration application shall be submitted electronically.
Conditions of authorisation
(1) The conditions of registration are:
(a) free of charge;
(b) business licence for fuel distribution;
(c) the fact that the fuel distributor has not been declared a ban on activities preventing the performance of its activities;
(d) the fact that the fuel distributor is not in liquidation or bankruptcy; and
(e) granting bail.
(2) The conditions of registration shall be fulfilled throughout the period of registration.
Disability
(1) For the purposes of this Act, a person who does not have a supplement registered shall be deemed to be free of charge.
(a) the authorities of the Financial Administration of the Czech Republic,
(b) the customs authorities of the Czech Republic,
(c) insurance premiums and periodic penalty payments for general health insurance; and
(d) insurance premiums and social security periodic penalty payments and contributions to national employment policy.
(2) The condition of integrity must be met simultaneously
(a) a fuel distributor;
(b) a person who is in a legal person who is a fuel distributor, a statutory body or a member of a statutory body; and
(c) responsible representative of the fuel distributor.
(3) The integrity referred to in points (c) and (d) of paragraph 1 shall be demonstrated by attestations not older than 30 days before the date of registration.
Bail
(1) The fuel distributor is obliged to provide bail, namely:
(a) by the deposit of an amount of CZK 20 000 000 in a special account of the customs office, with the deposit of that amount being in that account throughout the period of registration of the fuel distributor; or
b) a bank guarantee accepted by the customs office to ensure arrears of up to CZK 20 000 000 which are registered with the authorities of the Customs Administration of the Czech Republic or with other tax authorities on the 90th day from the date of cancellation or termination of registration of the fuel distributor.
(2) A bank guarantee must be granted for a fixed period which must not be less than 2 years.
Use of bail
(1) If the final cancellation or termination of the registration of a fuel distributor is made, the compound amount becomes an excess of the fuel distributor. If the excess is refundable, the customs office shall return it to the fuel distributor within 90 days of the date of final cancellation or termination of the registration of the fuel distributor.
(2) The period referred to in paragraph 1 shall not run as long as the customs administration of the Czech Republic or another tax administrator is in charge of proceedings,
(a) the result of which may be a decision establishing a tax, fee or other similar cash performance; and
(b) which has been initiated within 90 days of the final revocation or termination of the registration of the fuel distributor.
(3) Where the registration of a fuel distributor is cancelled or terminated, the customs office shall invite the exhibitors of a bank guarantee to pay the arrears registered on the 90th day following the date of the revocation or termination of the registration;
(a) the customs office;
(b) another tax administrator who has requested payment from the customs office.
(4) The customs office shall invite the exhibition of a bank guarantee not earlier than 90 days but no later than 5 months after the date of cancellation or termination of the registration of the fuel distributor.
(5) The exhibition of the bank guarantee shall pay the amount within 15 days of the date of receipt of the call.
Marketing Authorisation
(1) If the fuel distributor fulfils the conditions of registration, the customs office shall register it; they shall assign a registration number to the marketing authorisation.
(2) The time limit for the issue of the marketing authorisation shall not run from the date on which the customs office initiated the revocation or modification of the trade authorisation for the distribution of fuel until the final termination of the procedure for the revocation or modification of that trade authorisation.
(3) The fuel distributor is registered on the fifth day following the validity of the marketing authorisation, pending the validity of the decision to cancel the marketing authorisation or until the expiry of the marketing authorisation; the customs office shall publish the date of registration in the register of fuel distributors no later than the date of registration.
Cancellation of registration on application
The customs office shall cancel the registration on a proposal from the fuel distributor.
Revocation of an ex officio registration
(1) Where the customs office finds that the conditions of registration are not met, it shall invite the fuel distributor to comply with them within the time limit laid down by it, provided that the nature of these conditions permits such compliance and there is no risk of delay.
(2) The customs office shall cancel the registration if:
(a) the fuel distributor, at the request of the customs office, does not ensure that the conditions of registration are met within the prescribed time limit;
(b) the conditions for registration, which the customs office of the fuel distributor does not call upon, are not fulfilled;
(c) the condition of reliability of the persons referred to in § 6a (3) (a) to (c) is not fulfilled;
(d) the insolvency court rejects the insolvency application for a lack of fuel distributor's assets; or
(e) the fuel distributor shall not carry out his activities for 12 consecutive calendar months.
(3) Where an ex officio registration has been revoked, the fuel distributor may lodge an application for registration not earlier than 3 years after the date on which the decision to revoke the registration became final, unless the registration referred to in paragraph 2 (e) has been revoked.
Termination of registration
(1) Registration shall expire:
(a) the cessation of the commercial licence for the distribution of fuel;
(b) 5 months before the date of expiry of the period for which the bank guarantee is bond.
(2) The marketing authorisation referred to in paragraph 1 (b) shall not expire if:
(a) the period for which the bank guarantee has been granted is extended by at least 2 years;
(b) a new bank guarantee which is directly linked to the previous bank guarantee accepted by the customs office; or
(c) deposit an amount equal to the amount of the deposit in a special account of the customs office.
Customs office information obligation
The customs office shall inform the exhibition of the bank guarantee of the cancellation or termination of the registration of the fuel distributor.
Register of fuel distributors
(1) The Directorate-General for Customs keeps a register of fuel distributors, in which he collects the data necessary for the performance of the customs authorities of the Czech Republic under this Act.
(2) The Directorate-General for Customs publishes the following data from the Register of Fuel Distributors by means of remote access:
(a) the company or the name and surname or, where appropriate, the name,
(b) the registered office or place of business;
(c) the tax identification number;
(d) registration number,
(e) the date of registration;
(f) the date of cancellation or termination of registration;
(g) indication whether the marketing authorisation
1. has been cancelled on a proposal,
2. has been withdrawn ex officio; or
3. Disappeared,
(h) the change of published data from the fuel distributor register and the date of such change.
(3) The register of fuel distributors shall contain the information referred to in paragraph 1 even if the registration has been revoked or terminated; the information referred to in paragraph 2 shall be published for a period of 3 years from the date of revocation or termination of the registration.
(4) The customs office shall initiate the revocation or modification of the trade authorisation for the distribution of fuel if the registration is withdrawn ex officio, unless the registration is withdrawn pursuant to Article 6m (2) (e). ';
5. The heading "Scope of administrative bodies' is inserted above Section 7.
6. In Article 7 (3), the words "Article 4a (1), (5) and (7) and 'are deleted.
7. In Article 7, at the end of paragraph 3, the words ", § 5a and obligations relating to the registration of the fuel distributor 'shall be added.
8. Paragraph 9 (8) and (9) read:
"(8) The fuel distributor commits an administrative offence by carrying out his activity without registration.
(9) The fuel distributor or gas station operator shall commit an administrative offence by purchasing fuel contrary to § 5a. '
9. In Paragraph 9 (10), the words "or paragraph 8 or paragraph 9 'shall be added at the end of the text of point (a).
10. in Article 9 (10) (b), the words "paragraph 4" shall be replaced by the words "or paragraph 4" and the words "paragraph 8 (a) or paragraph 9" shall be deleted;
11. in Article 9 (10) (c), the words "paragraph 6 or paragraph 8 (b)" shall be replaced by "paragraph 6";
12. in Article 9, the following paragraph 11 is added:
"(11) For the administrative offence referred to in paragraph 9, a prohibition of activity may be imposed for up to 2 years, if the administrative offence was committed or in connection with that activity. ';
13. Paragraph 11 (2) is deleted and paragraph 1 is deleted.
Transitional provisions
1. A fuel distributor registered in the Register of Fuel Distributors pursuant to Act No. 311 / 2006 Coll., as effective before the date of entry into force of this Act, shall be deemed to be a fuel distributor registered under Act No. 311 / 2006 Coll., as effective from the date of entry into force of this Act, for a period of 1 month from the date of entry into force of that Act.
2. If the fuel distributor referred to in point 1 within 1 month of the date of entry into force of this Act submits an application for registration and provides bail pursuant to § 6i of Act No. 311 / 2006 Coll., as effective from the date of entry into force of this Act, he shall be deemed to be a fuel distributor registered under Act No. 311 / 2006 Coll., as effective from the date of entry into force of this Act until the date of the final termination of the registration procedure.
3. If the fuel distributor fails to comply with the conditions set out in point 2, it shall be considered as a fuel distributor whose registration has been revoked on the day following the expiry of 1 month from the date of entry into force of this Act.
4. If the registration application referred to in point 2 is rejected, the fuel distributor shall be deemed to be the fuel distributor whose registration has been revoked on the date of the acquisition of the legal power of the negative decision.
5. If the fuel distributor has submitted an application for a trade licence for the distribution of fuel within 1 month of the date of entry into force of this Act, the registration application referred to in point 2 may not be refused because of a failure to comply with the condition under Section 6g (1) (b) of Act No 311 / 2006 Coll., as effective from the date of entry into force of this Act, before the decision of the trade office on the application.
Amendment of the Trade Act
Act No. 1 / 2006, Act No. 1 / 2006, Act No. 5 / 2006, Act No. 5 / 2006, Act No. 5 / 2006, Act No. 5 / 2006, Act No. 5 / 2006, Act No. 5 / 2006, Act No. 5 / 2006, Act No. 5 / 2006, Act No. 5 / 2006, Act No. 5 / 2006, Act No. 5 / 2006, Act No. 5 / 2006, Act No. 5 / 2006, Act No. 5 / 2006, Act No. 5 / 2006, Act No. 6 / 2004, Act No. 6 / 2006, Act No. 6 / 2004, Act No. 6 / 2006, Act No. 6 / 2006, Act No. 6 / 2004, Act No. 6 / 1999, Act No. 6 / 1999, Act No. 6 / 1999, Act No. 6 / 1999, Act No. 5, Act No. 6 / 1999, Act No. 5, Act No. 6 / 1999, Act No. 5, Act No. 6 / 1999, Act No. 5, Act No. 5, Act No. 6, Act No 2006, Act No. 6, Act No. 6, Act No 2006, No 2006, Act No. 2006, No 2006, No 2006, No 2006, No 2006, No 2006, No 2006, No 1999, No. 6, No. 2006, No. 2006
1. In Annex No 2 LIABILITIES LIABILITIES, the subject of the "Production and processing of fuels and lubricants' business is deleted.
2. In Annex 3 TO CONCESTED LIFE, the following business shall be inserted after the subject matter "Purchase and sale, lending, development, production, repair, modification, storage, storage, transport, degradation and destruction of safety material ':" Production and processing of fuels and lubricants and fuel distribution'.
3. In Annex 3 TO CONCESTED LIFE for the subject matter of "Production and processing of fuels and lubricants and distribution of fuels', in the second column, the text reads:" For the production and processing of fuels and lubricants:
(a) higher education in the study programme and in the field of chemistry and 1 year of experience; or
(b) higher vocational education in chemistry education and 3 years of experience; or
(c) secondary education with a degree in chemistry education and 3 years of experience; or
(d) a certificate of retraining or other evidence of professional qualifications for the relevant work activity issued by an establishment accredited under specific legislation, or by an establishment accredited by the Ministry of Education, Youth and Sports, or by the Ministry in whose jurisdiction the sector in which the trade is carried out and 4 years of experience in the field, or
(e) the documents referred to in Article 7 (5) (a), (b), (c), (d) or (e) of the Trade Code;
for fuel distribution:
(a) higher education and 1 year of experience in the field; or
(b) higher vocational education and 2 years of professional experience; or
(c) secondary education with a diploma and 3 years of experience in the field; or
(d) secondary education and 4 years of experience in the field '.
4. In Annex 3 to CONCESTED LIFE for the subject matter of "Production and processing of fuels and lubricants and distribution of fuel ', in the fourth column, the text reads:" For distribution of fuel, the customs office'.
5. In Annex 3 to CONCESTED LIFE for the subject matter of "Production and processing of fuels and lubricants and distribution of fuels', in the fifth column, the text reads:" Act No. 311 / 2006 Coll., on Fuel and Fuel Pump Station and amending certain related laws (Fuel Act), as amended '.
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Regulation Information
| Citation | Act No. 234 / 2013 Coll., amending Act No. 311 / 2006 Coll., on Fuel and Gas Station and amending certain related laws (Fuel Act), as amended, and Act No. 455 / 1991 Coll., on Business Business (Trade Act), as amended |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 02.08.2013 |
|---|---|
| Effective from | 01.10.2013 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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