Decree of the State Arbitration of the Czechoslovak Socialist Republic No. 26 / 1982 Coll.

Q: Is Decree of the State Arbitration of the Czechoslovak Socialist Republic No. 26 / 1982 Coll. still valid?

Yes, Decree of the State Arbitration of the Czechoslovak Socialist Republic No. 26 / 1982 Coll. is still valid and effective.

Decree of the State Arbitration of the Czechoslovak Socialist Republic amending and supplementing Decree No. 44 / 1978 Coll.

Valid Effective from 01.04.1982

Čl. I § 11 „§ 11a § 11b „ČÁST ČTVRTÁ § 34a § 34b § 34c § 34d § 34e § 34f § 34g § 34h § 34i Čl. II

DECLARATION

State Arbitration of the Czechoslovak Socialist Republic

of 17 February 1982

amending and supplementing Decree No 44 / 1978 Coll., laying down the basic conditions for the supply of chemical products

The State Arbitration of the Czechoslovak Socialist Republic, after consulting the participating ministries and other central authorities, provides, pursuant to § 392 (1) of Economic Code No. 109 / 1964 Coll. in the version published under No. 37 / 1971 Coll. (hereinafter referred to as "the Act"):

Čl. I

Decree No. 44 / 1978 Coll., issuing the basic conditions for the supply of chemical products, is amended as follows:

1. in Article 1 (1), the following shall be added:

"(d) spent petroleum oils; the provisions of Sections 2 and 3 shall not apply to such supplies. ';

Article 2 (11) reads:

"Propellants

§ 11

(1) In the draft contract for the supply of fuel, the collector shall indicate the quantities and the manner in which (in the car tanker, in barrels, etc.) he takes them from the warehouse and the quantities from the service stations to the removal order.

(2) Where a customer requests the removal of fuel for the removal orders in the draft contract, the acceptance of the draft contract shall give rise to an obligation to transfer the removal order for the quantity of fuel agreed upon and to issue the corresponding quantity of fuel for the submission of the removal order (Paragraph 11a) during the period for which the removal order is issued (the sampling period).

(3) The sample vouchers reflect the price of the fuel, the type and quantity of which is indicated on the sample order. They are published by the Chemopetrol-group enterprise Benzina for customer organisations in the Czech Socialist Republic and Benzinol for customer organisations in the Slovak Socialist Republic; if the removal orders are to be transmitted directly to the customer's establishment under the contract, the supplier organisation shall be determined for the quantity withdrawn by the plant according to its location.

(4) The undertaking to transmit the removal orders (paragraph 2) is fulfilled, including for billing purposes, (1) by submitting a recommended consignment with the removal orders as valuable writing on the post2) or by submitting the order to the customer. "

3. The following Sections 11a and 11b are inserted after Section 11:

„§ 11a

The collection vouchers may be submitted to any service station of the two organisations issuing the vouchers (Section 11 (3)). If the fuel is issued by a second organisation, it is a performance for the organisation that issued the removal orders.

§ 11b

(1) Unused removal orders may be returned by the customer to the supplier, namely the sales plant which passed them on to him; return them in the manner set out in Paragraph 11 (4). The supplier shall return the price paid to the customer for the unused removal orders returned.

(2) Penalties for the non-recovery of propellants in quantities corresponding to recovered unused removal orders are paid by the customer only if the unused removal orders are returned after one month after the end of the sampling period. the periodic penalty payment is 5% of the price of fuel for which the removal orders have not been used. ';

4. the following Part Four is inserted after Part Three:

„ČÁST ČTVRTÁ

Supplies of spent petroleum oils

§ 34a

The provisions of this Part shall apply to the supply of spent petroleum oils which have changed their characteristics by use so far that they cannot be used for their original purpose and which:

(a) are suitable for regeneration (hereinafter referred to as processing oils),

1. Oil lubricating automotive and aviation,

2. industrial lubricating oils, excluding low-solidified, cylindrical and dark oils;

(b) not suitable for regeneration ("unprocessed oils") .3)

§ 34b

Collection, storage and protection of spent oil oils

(1) An organisation which produces oil used oils (hereinafter referred to as "supplier") is obliged to capture, collect and treat oil used oils in such a way as not to damage or endanger the environment, in particular soil, surface and groundwater cleanliness. 4)

(2) The supplier and the body responsible for the purchase of spent petroleum oils (hereinafter referred to as "the buyer") (5) are obliged to store processed and unprocessed oils separately in impermeable storage tanks (6) or in impermeable packaging; they are also required to protect the oil used from further deterioration and pollution by crude mechanical impurities (e.g. wood, wool, paper) as well as from pollution by organic solvents, other flammable liquids of hazard level 1, synthetic oils, lubricating fats, varnishes, paints or water.

Contract for the delivery of processed oils

§ 34c

(1) For the supply of processed oils, the supplier shall conclude with the customer an economic contract determining the quantity for the whole calendar year. Organisations shall conclude contracts for the delivery of processed oils in a quantity equal to 35% of the total quantity of the oil type concerned, taken by the supplier in the previous year.

(2) The quantities of petroleum oils from which the quantity of processed oils referred to in paragraph 1 is determined shall not include the quantities of petroleum oils used by the supplier for:

(a) erasure of two-stroke engines, lubricating of chainsaws and chain of motor saws and lubrication of aircraft engines which carry out aerial work in agriculture, forestry and water management;

(b) technological purposes (for the manufacture of other products);

(d) research and study purposes;

(e) for the needs of Czechoslovak representative bodies abroad.

§ 34d

(1) The draft contract for the delivery of processed oils shall be submitted by the buyer to the supplier no later than the end of February of the year in which the deliveries are to be made. The contract proposal shall be binding on the customer for a period of one month from the date on which the contract was concluded with the supplier.

(2) The agreement of the organisations on the formalities necessary for the creation of the contract is also replaced by the fact that the supplier, within one month of receiving the contract proposal from the customer, does not agree with it.

(3) Deliveries of processed oils made in the current year before the conclusion of the contract shall be included in the performance of the contract and shall be subject to the provisions on obligations arising from economic contracts.

§ 34e

Specific means of decommitment

(1) The supplier's undertaking, which does not collect more than 200 kg of petroleum oils per year, also ceases to be responsible for the delivery of processed oils by submitting a certificate from the auto repair organisation that it has been handed over to it of processed oils; the obligation ceases to exist to the extent stated on this certificate.

(2) The commitment to deliver the processing oils expires at the end of the year for which the delivery contract was negotiated.

§ 34f

Consequences of non-compliance

(1) Where the delivery of processed oils contains water or impurities exceeding 2% up to 10% of the quantity delivered, only 90% of that quantity shall be taken into account for the performance of the supplier's obligation. Where the supply contains more than 10% of water or impurities, the supplier's obligation to supply the processed oils shall not be taken into account; the rights and obligations under Sections 201, 202 and 206 to 208 of the Act do not arise from organisations. However, the quantity of processed oils not included in the delivery obligation shall be withdrawn by the customer.

(2) If the determination of the quantity of water or impurities in the supply can be carried out only for an organisation which processes, under the contract with the customer, processed oil - regenerates the quantity of water or impurities in the delivery, the supplier and the customer shall be determined by that organisation.

§ 34g

Property penalties for failure to deliver the agreed quantity

(to Section 204 of the Act)

If by the end of the year the supplier does not deliver the contracted quantity of processed oils, he is obliged to pay the customer a penalty of 500 CZK for each tonne of undelivered processed oils.

§ 34h

Contract for the delivery of unprocessed oils

(1) Unprocessed oils are primarily required to be used by suppliers in an appropriate way (such as fuel, etc.). If they do not have this option, they shall offer unprocessed oils to a customer or another organisation which they expect to be able to use; at the supplier's request, the buyer shall conclude a contract for the delivery of unprocessed oils in the quantity offered.

(2) The draft contract for the supply of unprocessed oils is submitted by the supplier at any time of the year. The supplier shall be bound by the draft contract for a period of one month from the date of dispatch, unless he himself provides for a longer period or another time limit has been agreed.

§ 34i

Transitional provision

For the calendar year 1982, the buyer shall submit to the supplier a draft contract for the delivery of processed oils (§ 34c) by 30 April 1982 at the latest. Where the buyer has submitted a draft contract before the entry into force of this decree, it shall be bound by the draft contract by 30 April 1982; that period shall also apply to the creation of a contract pursuant to Article 34d (2). ';

5. Part four shall be renumbered "PART FIVE '.

Čl. II

This Decree shall take effect on 1 April 1982.

Main Arbiter

Czechoslovak Socialist Republic:

Vanek v. r.

1) Sections 168 and 376 of the Act.

2) § 29 Postal Regulations - Decree of the Central Communications Administration, registered in the amount of 8 / 1968 Coll.

3) Decree No. 71 / 1965 Coll., of the Central Commission of People's Control and Statistics on the introduction and use of a uniform classification of industries and products and a uniform classification of products in agriculture and forestry.

4) Decree of the Ministry of Forestry and Water Management of the Czech Socialist Republic No. 6 / 1977 Coll., on the protection of the quality of surface water and groundwater. Decree of the Ministry of Forestry and Water Management of the Slovak Socialist Republic No. 23 / 1977 Coll., on the protection of the quality of surface and groundwater.

5) The entrusted organisation (customer) in the territory of the Czech Socialist Republic is Benzina k.p. Praha, in the territory of the Slovak Socialist Republic Benzinol n.p. Bratislava.

6) ČSN 83 0915 Water protection against petroleum substances. Objects for oil handling and storage. CSN 85 0201 Flammable liquids. Facilities and warehouses.