Act No. 264 / 2017 Coll.
Act amending Act No. 64 / 1986 Coll., on Czech Trade Inspection, as amended, and Act No. 634 / 1992 Coll., on Consumer Protection, as amended
Valid
Law
Effective from 01.11.2017
Text versions:
01.11.2017
18.08.2017
264
THE LAW
of 19 July 2017
amending Act No. 64 / 1986 Coll., on Czech Trade Inspection, as amended, and Act No. 634 / 1992 Coll., on Consumer Protection, as amended
Parliament has decided on this law of the Czech Republic:
Amendment of the Act on Czech Trade Inspection
Act No. 64 / 1986 Coll., on Czech Trade Inspection, as amended by Act No. 240 / 1992 Coll., Act No. 22 / 1997 Coll., Act No. 110 / 1997 Coll., Act No. 189 / 1999 Coll., Act No. 71 / 2000 Coll., Act No. 145 / 2000 Coll., Act No. 8 / 2013 Coll., Act No. 102 / 2001 Coll., Act No. 321 / 2001 Coll., Act No. 155 / 2002 Coll., Act No. 219 / 2011 Coll., Act No. 226 / 2003 Coll., Act No. 281 / 2003 Coll., Act No. 490 / 2009 Coll., Act No. 229 / 2006 Coll., Act No. 160 / 2007 Coll., Act No. 36 / 2008 Coll., Act No. 281 / 2009 Coll.
1. In Article 1 (1), the part of the sentence behind the semicolon, including the semicolon, is deleted.
2. Paragraph 1 (3) reads as follows:
"(3) The Czech Trade Inspectorate is divided into the Central Inspectorate and its subordinate inspectorates having territorial jurisdiction over the following regions and the following registered office:
a) Central Bohemian and Capital City of Prague based in Prague,
b) South Bohemia and Vysočina based in České Budějovice,
(c) Pilsen and Karlovy Vary, based in Pilsen,
(d) Ústí a Liberecký with its seat in Ústí nad Labem,
e) Králové Hradec and Pardubický, based in Hradec Králové,
(f) South Moravian and Zlín, based in Brno,
g) Olomoucký and Moravskoslezský located in Ostrava. "
3. Paragraph 1 (4), including footnote 8, reads:
"(4) The Czech Trade Inspection Office is the organisational component of the state3g) and is the accounting unit 8).
8) Act No. 563 / 1991 Coll., on Accounting, as amended. '
4. In Article 1, the following paragraph 5 is inserted after paragraph 4:
"(5) As a first instance body, in administrative proceedings, the inspector responsible for his territorial competence shall decide. An appeal against an inspector's decision shall be decided by the Central Inspectorate; in cases where, at first instance, an inspector has decided in accordance with the first sentence, the central inspector shall also be responsible for conducting the review procedure. ';
Paragraph 5 shall become paragraph 6.
5.
(1) The Czech Trade Inspectorate controls natural and legal persons who offer, sell, supply or market products, offer or provide services or engage in other activities under this law or under special legislation9), where this law or special legislature10 so provides.
(2) The Czech Trade Inspection Centre shall cooperate with the competent authorities of the Member States of the European Union and of the States forming the European Economic Area in applying the directly applicable European Union1i Regulation, within the scope of the consumer protection rules referred to in points 2, 3, 6 to 8, 10 to 12, 14, 16, 20 and 21 of the Annex to the directly applicable European Union11 Regulation.
9) For example Article 14a of Act No. 634 / 1992 Coll., on Consumer Protection, as amended.
10) For example, Act No. 634 / 1992 Coll., as amended, Act No. 102 / 2001 Coll., on general product safety and amending certain laws (General Product Safety Act), as amended, Act No. 22 / 1997 Coll., as amended, Act No. 90 / 2016 Coll., on conformity assessment of specified products when making them available on the market, Act No. 311 / 2006 Coll., on fuel and petrol stations and amending certain related laws (Fuel Act), as amended.
11) The Annex to Regulation (EC) No 2006 / 2004 of the European Parliament and of the Council of 27 October 2004 on cooperation between national authorities responsible for the enforcement of consumer protection laws (the Consumer Protection Cooperation Regulation). '
6. Article 2a shall be deleted;
7. Article 3, including footnote 12, reads as follows:
(1) Czech Trade Inspection
(a) impose fines and other measures under this law or under special legislation10);
(b) generalise the findings of the inspection and publish the results of the inspection in order to prevent infringements;
(c) carry out analyses or ensure that they are carried out for inspection purposes; ensure that such analyses are carried out with the competent authorities or persons; to the costs of controlled persons, carry out analyses or ensure that they are carried out only if the characteristics of the products which do not comply with the law or are contrary to the declaration of performance of the products mentioned in particular in the declaration or in the commercial communication have been identified by analysis.
(2) The analysis of samples of selected mineral oils and certain other mineral oils taken by the Czech Trade Inspection Office under the Excise Tax Act can only be carried out at the request of the Czech Trade Inspection Office by a person who has been accredited under a special legislature12).
12) Act No. 22 / 1997 Coll., as amended. Regulation (EC) No 765 / 2008 of the European Parliament and of the Council of 9 July 2008 laying down requirements for accreditation and market surveillance relating to the marketing of products and repealing Regulation (EEC) No 339 / 93. ';
8. Sections 5 and 5a, including footnote 13, read:
(1) Where the inspector responsible for carrying out the obligations laid down by this Act or by special legislature10) carries out the inspection purchase, the inspection shall be regarded as the conclusion of a contract for the purpose of checking the conduct of the person checked and of the inspector at the time of the inspection purchase.
(2) The inspector shall notify that the purchase made was carried out by a control, control or person who is present at the place of inspection (hereinafter referred to as "interested party") immediately after the end of the purchase or, if this is not possible in view of the form of sale, within 14 days of receipt of the performance or at the latest at the time of completion of the inspection.
(3) If this does not conflict with the nature of the subject-matter of the control purchase or if there is no material damage to the person checked, the contract referred to in paragraph 1, which has been concluded by negotiation during the control purchase, may be withdrawn.
(4) Where the nature of the subject-matter of the control purchase so permits, the inspector shall return it immediately after the notification referred to in paragraph 2. The costs of returning the subject of the inspection purchase are borne by the Czech Trade Inspectorate.
(5) The audited person shall return the price paid by the Czech Trade Inspection Service without undue delay, if the form of sale so permits, or within 14 days of the date on which the returned subject of the control purchase took over or was able to take over.
(6) If the purchase was also carried out for the purpose of assessing the characteristics of the product, such a product shall be considered to be sampled (13).
If the subject-matter of the inspection so requires and the purpose of the inspection cannot be otherwise achieved, the inspector shall be entitled, in the course of his or her activities, in exceptional cases and to the extent necessary, to act under an altered identity and to use the means of cover.
13) Article 11 of Act No. 255 / 2012 Coll., on Control (Control Regulations). '
9. The following Sections 5b to 5d are inserted after Section 5a, including the headings:
Covering agent
The cover means means a document, including a cover document, a space or an activity to conceal the true identity of a person, to prevent the disclosure of his or her activities or to conceal the activities of the Czech Trade Inspection Agency.
Covering documents
(1) A cover document means a document or other document to conceal the true identity of a natural person and to prevent the disclosure of the activities of the Czech Trade Inspection Authorities.
(2) The Czech Trade Inspection Minister decides on the issue of the cover document on a proposal from the Central Director. The Czech Trade Inspection Ministry of the Interior shall issue or affix a cover document at the request of the Czech Trade Inspection Office, with the exception of the Czech Trade Inspection Service Card issued for the changed identity of the Inspector (§ 5a), which shall be issued by the Czech Trade Inspection Office.
(3) The cover document shall not include the card of a Member or Senator, a member of the Government, members of the Banking Board of the Czech National Bank, a member of the College of the Supreme Audit Office and a judge of the Constitutional Court, a card of service of a judge and a prosecutor and a document of a person living or deceased.
(4) Where necessary, due to the nature of the cover document, the Ministry of the Interior shall be authorised to ensure, to the extent necessary, the insertion, modification, blocking or disposal of data related to the issue and use of the cover document in the information systems of the public administration maintained under specific legislation. The information system manager is obliged to provide the necessary synergies to carry out the information activity to that extent and to ensure its purpose, while at the same time acting in such a way as not to disclose the activities of the Ministry of Interior or the Czech Trade Inspection.
(5) The registration of cover documents provided and issued by the Ministry of Interior is carried out simultaneously by the Ministry of Interior and the Czech Trade Inspection.
Measures relating to registration
In the context of the exercise of their duties, the Czech Trade Inspection authorities may request from the Ministry of the Interior measures for the registration of the personal data of their staff member, which may reasonably be expected to endanger their life or health, their spouse, partner, child and parents, their private vehicles, as well as measures for the registration of cover documents and service vehicles. "
10.
(1) Where the purpose of the inspection cannot be otherwise achieved, the inspector shall be entitled, in the event of a reasonable suspicion of a serious breach of the obligation laid down by special legislation10) to negotiate access to the buildings, means of transport, land and other premises, except for dwellings owned or used by a controlled person or otherwise directly related to the performance and subject to control, including the opening of closed premises.
(2) The inspector must ensure the presence of a non-party upon entry into these premises and on subsequent inspection; it does not have to do so if there is a risk of delay.
(3) After carrying out the inspection, the inspector shall ensure the security of these premises. If their owner is known to the inspector, he shall inform him of the inspection operation carried out without undue delay. ';
11. the following Article 6a is inserted after Article 6:
The inspector shall be entitled to request, for the purpose of initiating the inspection, the information necessary to establish the identity of the seller who offers or sells goods or services through a website or other electronic means, and the consumer may order such goods or services on this site or through another electronic means. The authority referred to in the first sentence shall be exercised by the inspector against the person handling the information requested. The person referred to in the second sentence shall provide the inspector with the information without undue delay. ';
12. in Article 7, paragraph 2 is deleted;
Paragraphs 3 and 4 shall become paragraphs 2 and 3.
13. in Article 7 (2), the words "or interested parties" shall be inserted after the word "controlled" and at the end of the paragraph the sentence "The inspector shall deliver a copy of the written record to the person checked without undue delay."
14. In the first sentence of Article 7 (3), the words "paragraph 3 'are replaced by the words" paragraph 2'; at the end of the text of the first sentence the words "locally competent inspector 'are added and in the third sentence the words" regional' are deleted.
15. in Article 7, the following paragraph 4 is added:
"(4) If the Czech Trade Inspection Office has been imposed on a controlled person of the measure referred to in paragraph 1 and the controlled person makes a correction, he shall inform the Czech Trade Inspection in writing without undue delay."
16. Paragraph 7b (1), including footnote 3f, reads as follows:
"(1) In the event of a reasonable suspicion that products are being offered, sold or stored in breach of certain intellectual property rights or using an unauthorised sign protected under special legislation (3f), the inspector shall require the provision of such products. The arrangements for the provision of products shall be notified by the inspector to the orally controlled or interested person and shall immediately make a written record thereof indicating the reason for the detention, the description of the products covered and their quantities. The inspector shall deliver a copy of the written record to the person checked without undue delay.
3f) Sections 2 (1) (n) and 8 of Act No. 634 / 1992 Coll., as amended. '
17. in Paragraph 8 (2):
"(2) The measures referred to in paragraph 1 shall be notified by the inspector to the orally controlled or interested person and shall immediately record them in writing. The inspector shall deliver a copy of the written record to the person checked without undue delay. ';
18. In Paragraph 8, the following paragraphs 3 and 4 are inserted after paragraph 2:
"(3) If the person concerned does not agree to the action imposed, he may object to it, which shall be indicated in the alert referred to in paragraph 2, or he may submit it in writing no later than 3 working days after the date of notification of the measure imposed to the locally competent inspector. The objections submitted have no suspensory effect. The Director of the Inspectorate shall decide on the objections submitted without undue delay. The decision on objections shall be served on the person checked and shall be final.
(4) If the Czech Trade Inspection Office has been imposed on a controlled person of the measure referred to in paragraph 1 and the controlled person makes a correction, he shall inform the Czech Trade Inspection in writing without undue delay. "
Paragraphs 3 to 5 shall be renumbered paragraphs 5 to 7.
19. in Article 8 (6) and (7), "paragraph 3" is replaced by "paragraph 5";
20.
(1) The person inspected commits an offence by:
(a) contrary to § 5 (5), without undue delay, the Czech Trade Inspection will not return the price paid for the control purchase;
(b) infringes the prohibition on the placing on the market, distribution, including the purchase, supply, sale or use of products imposed pursuant to Article 7 (1) (a);
(c) infringes the prohibition on the use of measuring instruments imposed under Article 7 (1) (b);
d) in contravention of § 7 (4), does not inform the Czech Trade Inspection about the remedy;
(e) in breach of Article 7b (1), fails to comply with the provisions imposed on product security;
(f) in breach of Article 7b (2), it shall not issue to the inspector secured products,
(g) infringes the prohibition on acts detrimental to the common interest of consumers or which may harm the common interest of consumers under Article 7c; or
(h) infringes the prohibition on the pursuit of an activity or measure consisting of the closure of an establishment pursuant to Article 8;
i) in contravention of § 8 (4), does not inform the Czech Trade Inspection about the remedy.
(2) The person handling the information necessary to establish the identity of the seller, who offers or sells goods or services through a website or other electronic means, and the consumer can order such goods or services on this site or through another electronic means, shall commit an offence by not providing the requested information without undue delay upon request pursuant to § 6a.
(3) The receiving organisation shall commit an infringement by:
(a) in contravention of Article 7b (11) (a), it shall not remove or destroy elements infringing intellectual property rights;
(b) not use the products for humanitarian purposes only in the territory of the Czech Republic pursuant to Article 7b (11) (b);
(c) does not take measures to prevent the misuse and re-entry into trading of products pursuant to Article 7b (11) (c); or
(d) in contravention of Article 7b (13), it does not register or archive evidence of the receipt of products and of the elimination and destruction of elements infringing intellectual property rights and how it has been proven to have been dealt with.
(4) A fine of up to CZK 1 000 000 may be imposed for the offence referred to in paragraphs 1 to 3. If the offence referred to in paragraph 1 or 2 is committed repeatedly within a period of 1 year from the date of the legal authority of the same offence, a fine of up to CZK 2 000 000 may be imposed.
(5) The fine may not be imposed on those affected by the same conduct under special legislation. '
21. in Article 13a, the words "to carry out tasks under this Act" shall be replaced by the words "to carry out tasks relating to its activities as an out-of-court dispute resolution body."
22. the following Section 16 is inserted after Section 15:
When imposing sanctions by an on-the-spot order of the Czech Trade Inspection Inspectors, Section 92 of Act No. 250 / 2016 Coll., on Liability for Infringements and Proceedings on Infringements, is not applicable. '.
Transitional provisions
1. Proceedings initiated under Act No. 64 / 1986 Coll., as effective before the date of entry into force of the Act, which has not been definitively completed, shall be completed in accordance with the existing legislation.
2. The measures imposed by the Czech Trade Inspection Office pursuant to Act No. 64 / 1986 Coll., as effective before the date of entry into force of this Act, or under special legislation remain in force.
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. 36 / 2008 Coll., Act No. 151 / 2002 Coll., Act No. 320 / 2002 Coll., Act No. 227 / 2004 Coll., Act No. 214 / 2003 Coll., Act No. 439 / 2003 Coll., Act No. 119 / 2004 Coll., Act No. 186 / 2004 Coll., Act No. 227 / 2003 Coll.
1. In Article 3, at the end of paragraph 1, the dot is replaced by a comma and the following point (d) is added:
"(d) when selling products, use measuring instruments that meet the requirements laid down by the specific legislation governing metrologies5).
5) Act No. 505 / 1990 Coll., on Metrology, as amended. '
2. In Article 20f (7), "paragraph 8 'is replaced by" paragraph 6';
3. in § 20u (1) (e), "§ 20r" is replaced by "§ 20q."
EFFECTIVE
This Law shall enter into force on 1 November 2017.
v. Vondracek v. r.
Zeman v. r.
Sobotka v. r.
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Regulation Information
| Citation | Act No. 264 / 2017 Coll., amending Act No. 64 / 1986 Coll., on Czech Trade Inspection, as amended, and Act No. 634 / 1992 Coll., on Consumer Protection, as amended |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 18.08.2017 |
|---|---|
| Effective from | 01.11.2017 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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