Act of the Czech National Council No. 240 / 1992 Coll.
Act of the Czech National Council amending and supplementing the Act of the Czech National Council No. 64 / 1986 Coll., on Czech Trade Inspection
Valid
Effective from 01.06.1992
240
THE LAW
Czech National Council
of 14 April 1992
amending and supplementing the Act of the Czech National Council No. 64 / 1986 Coll., on Czech Trade Inspection
The Czech National Council decided on this law:
Act of the Czech National Council No. 64 / 1986 Coll., on Czech Trade Inspection, is amended as follows:
1.
(1) The Czech Trade Inspection Centre controls legal and natural persons selling goods, providing services or conducting other similar activities in the internal market and their employees ("controlled persons").
(2) The Czech Trade Inspectorate checks:
(a) compliance with the conditions laid down to ensure the quality of goods or products, including health, in particular compliance with standards for the production and preparation of food and beverages, storage and transport conditions and requirements for personal hygiene and safety of operations;
(b) whether the goods are sold to the extent, quantity, weight or quality required or laid down in a generally binding law, technical standard or other binding manner;
(c) whether goods, services or other activities are charged in accordance with the prices which the consumer has been informed of;
(d) whether uncertified measuring instruments are not used for the sale of goods if they are subject to verification or not complying with generally binding legislation, technical standards, other technical regulations, or type approved, if applicable, 1)
(e) compliance with agreed or established conditions and quality of service;
(f) compliance with other conditions laid down in general binding legislation or other binding measures for the operation or provision of the activities referred to in paragraph 1. ';
2. in Article 3 (a), the words "in controlled organisations" shall be replaced by the words "in the case of controlled persons"; the part of the sentence behind the semicolon is deleted.
In point (b), part of the sentence behind the semicolon is deleted.
Point (d) is deleted.
In point (e), the words "generalises knowledge from the exercise of control and 'shall be inserted before the word" preceded'.
In point (f), the words after the first semicolon are: "analyses are carried out or carried out on a cargo of controlled persons only if the quality of the goods or products checked has been ascertained by analysis; opinions issued on the basis of these analyses shall be binding on the persons checked, '.
Points (e), (f) and (g) shall be renumbered as points (d), (e) and (f).
3. Article 4 (1) (a) reads as follows:
"(a) enter the premises where the activities referred to in Article 2 (1) of this Law are carried out when carrying out the inspection; the State is responsible for the damage caused; that responsibility cannot be waived, '.
the following point (b) is inserted after point (a):
"(b) verify the identity of natural persons, if they are controlled persons;"
in point (b), the words "the relevant staff of the organisations and authorities controlled and from the citizens controlled 'are replaced by the words" the persons controlled';
in point (c), the words "organisations or controlled citizens' are replaced by the words" controlled persons';
In point (d), the words "competent managers of controlled organisations and, where appropriate, superior bodies, as well as from audited citizens' are replaced by the words" controlled persons and, where appropriate, the authorities which manage them '.
Points (b), (c) and (d) shall be renumbered (c), (d) and (e).
The following paragraph 3 is added:
"(3) Inspectors shall be obliged to keep confidential the facts forming the subject of commercial secrecy, (2) which they have learned of in the performance of the inspection tasks or in the performance of the obligations relating to them."
4. Section 5 is deleted.
5. In Article 6 (1), the words "the organisation, the competent authorities and the citizens checked 'are replaced by the words" the person checked'.
In paragraph 2, the words "The relevant managers of the audited organisations and, where appropriate, the superior bodies, as well as the citizens checked 'are replaced by the words" Controlled persons'.
6. in Article 7 (1) (a), a comma is inserted after the word "health," the words "defective or otherwise defective," shall be replaced by the words "quality or otherwise defective, or not satisfying the conditions for placing on the internal market," ';
Paragraph 1 (b) shall read as follows:
(b) the use of unverified measuring instruments, if they are subject to verification, or measuring instruments not complying with generally binding legislation, technical standards, other technical regulations or type approved, as appropriate. ";
the following paragraph 2 is inserted after paragraph 1:
"(2) The inspector may, following a proven and evident finding of a health defect, degrade or order the goods to be degraded on the spot."
In paragraph 2, the words "to the competent manager of the controlled organisation or citizen 'are replaced by" to the checked person'.
in paragraph 3, the words "an organisation or a controlled citizen 'are replaced by the words" person' and the words "organisation or a controlled citizen 'are replaced by the words" person';
Paragraphs 2 and 3 shall become paragraphs 3 and 4.
7.
(1) On the basis of an established infringement of a legal obligation which may result in a threat to the life or health of consumers, the inspector shall be entitled to prohibit the pursuit of further activities or order the closure of the establishment for up to two sales or operating days following the date of the finding of deficiencies.
(2) The measures referred to in paragraph 1 shall be notified by the inspector to the person checked and recorded in writing without delay.
(3) If the deficiencies identified are not remedied within the time limit referred to in paragraph 1, the Director of the Inspectorate shall be entitled to extend that period until the deficiencies have been remedied.
(4) The measures imposed pursuant to paragraph 3 shall be notified by the Director of the Inspectorate to the person checked in writing.
(5) If the checked person does not agree with the measure imposed pursuant to paragraph 3, he may submit written objections to it within three days at the latest. The objections submitted have no suspensory effect. The Director of the Inspectorate shall decide on the objections raised without delay. The written copy of the decision on objections shall be served on the person checked and shall be final. ';
8. Article 9 (1) reads as follows:
"(1) The Director of the Inspectorate may, on the basis of the findings of the Czech Trade Inspection Office, impose on the natural person carrying out the activity referred to in § 2 (1) or on the staff of the controlled person (the" controlled natural person ") who is guilty of:
(a) fail to comply with the conditions laid down for the transport and storage of goods or products;
(b) fail to comply with the agreed or determined date and scope of the service or contract, fails to provide the service or contract of the required quality;
(c) fail to comply with the required or determined rate, quantity, weight or quality of the goods or to charge goods, services or other activities in accordance with the price which the consumer has been aware of;
(d) fail to comply with the prescribed recipe in the manufacture of food or drink;
(e) provide false information on the goods or products;
(f) use uncertified measuring instruments if they are subject to verification, or measuring instruments not complying with generally binding legislation, technical standards, other technical regulations or type approved,
(g) fail to comply with the requirements laid down for personal hygiene or safety of operations, or other requirements laid down to ensure the health of the goods and products and their safe use;
(h) infringes other conditions laid down in general binding legislation or other binding measures for the activities referred to in Article 2 (1);
(i) fail to comply or cause the measures to remedy the deficiencies found to be not complied with;
(j) fail to comply with the measures granted under Article 7 (1) and (2) and Article 8 (1) and (3);
(k) not submit the documents required pursuant to Article 4 (1) (b) and (c) within the prescribed time limit or produce incorrect documents;
fine up to 100 times the minimum wage laid down in the special regulation.3) ';
In paragraph 2, the words "a worker of a controlled organisation 'are replaced by the words" a controlled natural person', the amount "200 'is replaced by" 2000' and the word "worker 'is replaced by the words" a controlled natural person'.
in paragraph 3, the words "to a worker of a controlled organisation or a controlled citizen 'are replaced by the words" to a controlled natural person who' and "1000 'are replaced by" 5000';
In paragraphs 4 and 5, the word "reprimand 'shall be deleted.
9. § 10 is deleted.
10. Article 11 (1) reads as follows:
"(1) The Director of the Inspectorate may, on the basis of the findings of the Czech Trade Inspection Office, deposit a controlled person who:
(a) deliver products or provide services of defective quality or otherwise defective;
(b) deliver the products for which the weight or the agreed weight, rate or quantity has not been respected;
(c) provide false information on the goods or products;
(d) infringes the conditions laid down for the storage or transport of goods or products;
a fine of up to 500 times the minimum wage laid down in the special regulation.3) ';
in paragraphs 2 and 3, the word "organisation 'is replaced by" controlled person';
11. in Article 12 (1), the words "for a worker of a controlled organisation and for a controlled citizen" shall be replaced by the words "controlled natural persons."
In paragraph 2, the word "reprimand 'shall be deleted.
12. In Paragraph 13 (1), the first sentence is: "The Czech Trade Inspection Office cooperates in its activities:."
In point (a), the words "national committees' are replaced by the words" municipalities and district authorities'; the words "socialist 'are deleted.
Point (b) reads as follows:
"(b) civil associations, 4)"
The following point (c) is added:
"(c) professional construction associations, provided they are established by a special law."
Paragraph 2 shall read as follows:
"(2) Czech Trade Inspection
(a) making use of complaints, notices and initiatives of citizens in its activities;
(b) provide advice to citizens. "
13.
The Czech Trade Inspection Office shall notify the competent trade authority of a serious breach of the conditions laid down for the pursuit of the activities referred to in Article 2 (1) without undue delay. 5) '.
14. In Article 15, the words "business activity 'are replaced by the words" sale of goods' and the words "national 'are deleted.
15. § 16 is released.
16. In Paragraph 17, the word 'reprimand' is deleted and the current text becomes paragraph 1.
the following paragraph 2 is inserted after paragraph 1:
"(2) Power decisions in matters governed by this law shall be subject to review by a court under special rules. '
17.
This law shall be without prejudice to the competence of the authorities carrying out control activities under specific regulations.6) '.
If the Czech National Council Act No. 64 / 1986 Coll., on Czech Trade Inspection, uses
(a) the name "Ministry (or Minister) of Commerce of the Czech Socialist Republic" means "Ministry (or Minister) of Trade and Tourism of the Czech Republic";
(b) the designation "Regional Inspectorate" means "Inspectorate."
The Bureau of the Czech National Council is hereby authorised to publish in the Collection of Laws the full version of the Act of the Czech National Council No. 64 / 1986 Coll., on the Czech Trade Inspection, as follows from the amendments and additions made by this Act.
This Act shall take effect on 1 June 1992.
Burešová v. r.
Pithart v. r.
1) Act No. 505 / 1990 Coll., on Metrology. Act No. 142 / 1991 Coll., on Czechoslovak Technical Standards.
2) § 17 et seq. of the Commercial Code.
3) Decree of the Government of the Czech and Slovak Federal Republic No. 53 / 1992 Coll., on minimum wage.
4) Act No. 83 / 1990 Coll., on bringing together citizens, as amended by Act No. 300 / 1990 Coll.
5) Act of the Czech National Council No. 570 / 1991 Coll., on Trade Unions.
6) For example Act No. 20 / 1966 Coll., on the Care of People, as amended (full text with effect for the Czech Republic No. 86 / 1992 Coll.), Act No. 30 / 1968 Coll., on State Testing, as amended (full version No. 84 / 1987 Coll.), Act No. 63 / 1986 Coll., on the Czech National Council, Act No. 552 / 1991 Coll., on State Control, Act No. 87 / 1987 Coll., on Veterinary Care, as amended (Act No. 239 / 1991 Coll., Act No. 526 / 1990 Coll., on Prices, Act No. 552 / 1991 Coll., on State Control, Act No. 61 / 1992 Coll., on the Supreme Audit Office of the Czech Republic.
Sign in for notes, favorites and notifications
Regulation Information
| Citation | Act of the Czech National Council No. 240 / 1992 Coll., amending and supplementing the Act of the Czech National Council No. 64 / 1986 Coll., on Czech Trade Inspection |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 29.05.1992 |
|---|---|
| Effective from | 01.06.1992 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
Comments 0