Act No. 265 / 2024 Coll.
Act amending Act No. 526 / 1990 Coll., on Prices, as amended, and other related laws
Valid
Law
Effective from 01.01.2025
Text versions:
01.01.2025
19.09.2024
Contents
ČÁST PRVNÍ
Čl. I
㤠3
㤠5
§ 6
§ 7
㤠10
㤠10a
㤠11
§ 12
§ 13
㤠14a
㤠17
§ 17a
㤠17b
„ČÁST VI
§ 18a
§ 18b
§ 18c
§ 18d
§ 18e
§ 18f
§ 18g
§ 18h
§ 18i
§ 18j
§ 18k
§ 18l
Čl. II
ČÁST DRUHÁ
Čl. III
ČÁST TŘETÍ
Čl. IV
ČÁST ČTVRTÁ
Čl. V
ČÁST PÁTÁ
Čl. VI
ČÁST ŠESTÁ
Čl. VII
ČÁST SEDMÁ
Čl. VIII
ČÁST OSMÁ
Čl. IX
ČÁST DEVÁTÁ
Čl. X
ČÁST DESÁTÁ
Čl. XI
ČÁST JEDENÁCTÁ
Čl. XII
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265
THE LAW
of 21 August 2024
amending Act No. 526 / 1990 Coll., on Prices, as amended, and other related laws
Parliament has decided on this law of the Czech Republic:
Amendment to the Price Act
Act No. 526 / 1990 Coll., on Prices, as amended by Act No. 135 / 1994 Coll., Act No. 151 / 1997 Coll., Act No. 29 / 2000 Coll., Act No. 141 / 2001 Coll., Act No. 276 / 2002 Coll., Act No. 124 / 2003 Coll., Act No. 354 / 2003 Coll., Act No. 484 / 2004 Coll., Act No. 217 / 2005 Coll., Act No. 277 / 2005 Coll., Act No. 230 / 2006 Coll., Act No. 263 / 2007 Coll., Act No. 353 / 2014 Coll., Act No. 403 / 2009 Coll., Act No. 457 / 2011 Coll., Act No. 18 / 2012 Coll., Act No. 303 / 2013 Coll.
1. Paragraph 1 (1), including footnote 14, reads:
"(1) This law incorporates the relevant provisions of the European Union14) and provides for
(a) the application, regulation and control of the prices of goods for the domestic market;
(b) the scope and certain procedures of the price authorities.
14) Directive 98 / 6 / EC of the European Parliament and of the Council of 16 February 1998 on the protection of consumers in the labelling of the prices of products offered to consumers, as amended by Directive (EU) 2019 / 2161 of the European Parliament and of the Council. '
2. Paragraph 1 (2) reads as follows:
"(2) For the purposes of this Act:
(a) goods and services;
(b) the price of the monetary amount applied to the purchase and sale of goods pursuant to Sections 2 to 13;
(c) applying the price of its offering, negotiation or request;
(d) the seller who applies the price on the tender side;
(e) the buyer of the person applying the price on the demand side;
(f) by the consumer, a natural person who does not act in the course of his business or in the context of the independent exercise of his profession;
(g) by a price authority, the authority of the executive or the authority of the local authority, where it exercises its competence in the field of prices under this law;
(h) economically eligible costs the cost of acquiring the corresponding quantity of direct material, wage and other personnel costs, the technologically necessary other direct and indirect costs and the costs of circulation;
(i) a reasonable profit linked to the production and sale of the goods in question corresponding to the normal profit achieved in the long term in comparable economic activities which ensures a reasonable return on the capital used within a reasonable period of time. "
footnote 1 is deleted.
3. in Paragraph 1 (4), the word "Regulation (2)" shall be replaced by the word "Regulation (EC) No 794 / 2004."
footnote 2 is deleted.
4. Paragraph 1 (5) and (6) read:
"(5) Inadequate property gain under this law
(a) the seller if he sells the goods at a price
1. Incorporating economically unjustified costs or disproportionate profits obtained by applying a higher sale price than market value under the Law on the valuation of assets, in the event of abuse of a more favourable economic position on the market,
2. higher than the maximum or fixed price officially fixed; or
3. higher than would be consistent with the rules of price regulation,
(b) Buyer if he purchases goods at a price
1. significantly below or below the market value of the asset valuation law in the event of abuse of a more favourable economic position on the market; or
2. lower than the minimum or fixed price officially fixed.
(6) The assessment of economic eligible costs referred to in paragraph 2 (h) shall be based on the long-term normal level of such costs in similar economic activities, taking into account the specificities of the goods concerned. ';
footnotes 2a and 2b are deleted.
5. In Section 1, the following paragraph 7 is added:
"(7) The Seller shall obtain a disproportionate asset benefit on the date on which it is credited to the account or, where appropriate, on the date of receipt of the cash. The buyer shall obtain a disproportionate asset benefit on the date on which it received the performance in question. ';
6. In Section 2, the word "negotiation 'is replaced by" application'.
7. Paragraph 2 (1) reads as follows:
"(1) The price shall apply to goods defined by the name, unit of quantity and quality and delivery or other terms agreed by the Parties (hereinafter referred to as" the specified terms "). Under the specified conditions, the cost of acquiring, processing and circulation of goods, profit, tax, fee and other similar cash transactions may be part of the price in whole or in part. '
footnotes 5 to 7 are deleted.
8. In Article 2 (4), the word "negotiated 'is replaced by" applied', the words "market share, economic and financial strength 'are replaced by the words" economic and financial strength and' and the words "and the rates of horizontal and vertical interconnection with other persons on the market 'are deleted.
9. In Article 2, paragraphs 5 to 7 are deleted.
Paragraph 8 shall become paragraph 5.
10.
(1) Price regulation means fixing prices, the limits within which they may be applied, or directing their level by price authorities.
(2) Price authorities responsible for price regulation under this Act may regulate prices
(a) where the market is threatened by the effects of restrictions on competition;
(b) if an exceptional market situation so requires,
(c) for the purposes of paying excise duty on cigarettes,
(d) when required by European Union rules; or
(e) where this requires a public interest in maintaining the balanced position of the seller and buyer for goods wholly or partly subsidised by State budget funds or other public budgets.
(3) Goods subject to price control, the manner and conditions applied, the prices officially determined, the rules and procedures for determining and amending these prices shall be laid down by the competent price authority by a price gauge in the form of general measures.
(4) The draft price notice shall not be published and no objections or comments shall be submitted. No public discussion of the draft price notice shall be carried out.
(5) Where the reasons for issuing the price notice referred to in paragraph 2 have passed or changed, the competent price authority shall withdraw or amend it without delay; Article 10 shall apply mutatis mutandis.
(6) An application for the cancellation of a price notice or part thereof under the Administrative Rules of Procedure may be made no later than three months after the date on which the price notice became effective. '
11.
Officially determined prices
(1) Officially determined prices shall be those of the type of goods determined by the price authorities as maximum, fixed or minimum;
(a) the maximum price is that which is not allowed to be exceeded;
(b) the fixed price shall be the price from which it is not permitted to derogate;
(c) the minimum price shall be the price which is not permitted to undercut.
(2) Price authorities may at the same time fix a maximum and a minimum price for the same goods.
(3) In the context of price regulation, price authorities may lay down additional conditions for the application of these prices and their changes.
(4) This method of price regulation applies to all sellers and buyers of the specified type of goods.
Substantial price adjustment
(1) The actual price adjustment consists of setting the conditions by price authorities for the application of prices. These conditions are:
(a) the maximum extent of the possible increase in the price of the goods within the defined period;
(b) the maximum proportion in which the price increase of designated inputs can be reflected in the specified period; or
(c) a binding pricing or price calculation procedure, including the inclusion of a reasonable profit in the price.
(2) The structure of the price calculation, including the unit quantity of goods on which the price calculation is drawn up, is determined by the respective price statement.
(3) The calculation is to be made per unit quantity of goods sold and is based on the costs, profit and sales quantities of goods for the calculation period determined by the respective price range.
(4) This method of price regulation applies to all sellers of a specified type of goods.
(1) Where contracts which have entered into force before the entry into force of a new price notice have been negotiated at a lower price than the lowest price permitted under that price notice, the price agreed shall be the lowest price allowed under that price notice.
(2) Where contracts which have entered into force before the entry into force of a new price notice have been negotiated at a higher price than the maximum price permitted under that price notice, the price agreed shall be that which is the highest price allowed under that price notice. ';
12. in Paragraph 9 (2), the word "Regulation" shall be replaced by the words "price range."
13. In Article 9, the following paragraph 4 is added:
"(4) This method of price regulation applies to all sellers of the specified type of goods. '
14. Article 10, including the title, reads:
Publication of price statements
(1) It publishes
(a) Government, Ministry of Finance, Customs Office for the Central Bohemian Region, Region and Municipality of the Price Bulletin,
b) Ministry of Health at the Ministry of Health Bulletin,
(c) the Energy Regulatory Authority in the Energy Regulatory Bulletin; and
d) Czech Telecommunications Office in the Postal Bulletin.
(2) The price notice shall be published on the public administration portal on the date of issue of the relevant amount of the notice referred to in its title.
(3) The price scale shall take effect on the 60th day following the date of publication, unless the specific legislation provides otherwise or unless the price authority which issued it provides for a later date of application. Where the public interest so requires, the price authority which issued the price notice may determine the earlier beginning of the price notice's effectiveness, but not earlier than the day following its publication.
(4) The price authority which issued the price notice shall publish the notice of publication of the price notice referred to in paragraph 2 on its official plate for at least 15 days. Paragraph 173 (1) of the first sentence shall not apply after the semicolon of the administrative order. ';
footnotes 8a and 8b are deleted.
15.
Price schedule
The Ministry of Finance issues the Price List. '
16. Sections 11 to 13, including the headings and footnotes No 15, read:
Price records
(1) The seller shall keep a price record of the prices applied, indicating the clearly identifying name and, where applicable, the type of goods sold, the price applied above and the time of its application in respect of the goods
(a) with an officially fixed price,
(b) the price subject to price control in kind; or
(c) sold to consumers.
(2) For a perishable product which is subject to price changes depending on its day-to-day status, only the starting price of that product is recorded on that day.
(3) Furthermore, the price records referred to in paragraph 1 (a) shall include supporting documents demonstrating compliance with price regulation rules.
(4) The price records referred to in paragraph 1 (b) shall also include price calculations, including supporting documents demonstrating compliance with price regulation rules.
(5) The seller shall keep a price record for 3 years after the date of expiry of the price of the goods.
Price information
(1) The sellers, buyers and public authorities provide the information requested by the price authorities
(a) to evaluate price developments and price regulation;
(b) in connection with price control or infringement proceedings for the purpose of determining the normal amount of economic eligible costs, reasonable profit or market value in accordance with Article 1 (5); or
(c) for the report on the activities of price authorities pursuant to Article 17b.
(2) The tax administrator shall provide the Ministry of Finance, upon request, with information obtained during tax administration for the purpose of assessing price developments and price regulation. The disclosure of such information is not a breach of the obligation of secrecy under the tax rules.
(3) The price authorities shall provide the Office for Competition Protection on request with information obtained pursuant to paragraph 1 in order to exercise its supervisory powers under the Competition Act or the Law on Significant Market Power and Unfair Commercial Practices in the Sales of Agricultural and Food Products.
(4) Where the Office for the Protection of Competition provides the price authorities, upon request, with information obtained in carrying out an investigation of competitive conditions under the Competition Act or market investigation and of relations between customers and suppliers under the law on significant market power and unfair commercial practices in the sale of agricultural and food products which contain commercial, banking or other similar legally protected secrets, the price authorities shall exclude from the inspection into the file those parts which contain such information, with the exception of those documents which serve or are intended to serve as evidence.
(5) Persons who seek and process the information referred to in paragraphs 1 to 4 shall be obliged to remain silent against third parties on any facts which may jeopardise the legitimate interests of the parties concerned.
Labelling of goods at prices
(1) The seller shall, in the absence of sales to consumers, submit to the buyer, at his request, free of charge for goods subject to price regulation, a bid list containing the prices of the goods offered in relation to the specified conditions.
(2) The seller is obliged to provide information to the consumer when offering and selling the goods so that the consumer can learn about the price in Czech currency before negotiating the purchase of the goods, namely:
(a) the indication of the goods by the price applied at the time of the offer and relating to the unit quantity sold and the conditions laid down;
(b) making available information on this price in a visible place in the form of a price list;
(c) making information about this price available in another reasonable manner, unless it is possible to indicate the goods at the price in accordance with (a) or (b);
(d) by submitting a tender list of parts and activities where the goods are compiled from ordinary parts or activities on the basis of specific consumer requirements; or
(e) by notifying the price estimate, unless it is possible to provide information on the price in accordance with points (a) to (d).
(3) The price referred to in paragraph 2 shall be the final offer price, which shall include all taxes, fees and other similar cash transactions (hereinafter referred to as the selling price). The sales price must be clear, easily identifiable and clearly legible.
(4) Where this law provides for this, the seller is also obliged to provide the consumer with information on the price per unit of measurement of the quantity of the product (hereinafter referred to as the "specific price ') when offering and selling packaged products. Paragraph 2 (a) to (c) and paragraph 3, second sentence shall apply mutatis mutandis to the labelling of products at a specific price. The metric price need not be indicated if it is the same as the selling price.
(5) For a specific price, the unit of measurement of the quantity shall be 1 kg, 1 litre, 1 metre, 1 square metre or 1 cubic metre, taking into account the nature of the product. Other units of quantity may also be indicated where this corresponds to general customs or the nature of the product.
(6) The obligation referred to in paragraph 4 shall apply to packaged food products which, in accordance with the directly applicable European Union15 Regulation, are marked by an indication of the quantity, volume or weight of the product, with the exception of products for which their labelling is not a specific price due to their nature or purpose or for which it would be misleading. In the case of solid foods found in the bream for which, in accordance with the directly applicable European Union Regulation (15), the weight of the solid food in addition to the total weight of the solid food, the specific price refers to the declared weight of the solid food.
(7) Furthermore, the obligation referred to in paragraph 4 shall apply to packaged non-food products listed by the Ministry of Finance by decree. Packed non-food products are included in the list referred to in the first sentence for which their labelling is a specific price necessary for an easy and reliable price comparison by consumers.
(8) The obligation to mark products at the selling and specific prices does not apply
(a) for products offered during the provision of the service; or
(b) for auctions of works of art and antiques or their supply.
(9) Unpacked products in bulk, offered by weight, volume, length or area weighing or measured in the presence of the consumer, both in the form of self-service sales and in the form of an operator sale, shall bear only a specific price.
(10) Paragraphs 2 to 9 shall apply mutatis mutandis to the prices indicated in the advertisement for products offered to consumers.
(11) The manufacturer of the goods intended for final consumption may indicate, for example, in the tender list, catalogue, promotional documents or on the packaging of the goods the recommended price of the sale to the consumer, but always marked "non-binding recommended consumer price."
(12) The labelling of cigarettes for the final consumer is governed by the Excise Tax Act.
15) Regulation (EU) No 1169 / 2011 of the European Parliament and of the Council of 25 October 2011 on the provision of food information to consumers. ';
footnotes 8c, 8d, 8e, 9, 9a, 9b, 9c, 9d and 10 are deleted.
17. Article 13a shall be deleted, including the title and footnote 9e.
18. in Paragraph 14 (1):
"(1) The staff of the price authorities shall, in carrying out the inspection activity, be shown by an authorisation issued in the form of a certificate by the competent control authority, which shall be evidence of their delegation to the control or by written delegation to the individual control. The card shall be issued by the price authority within the scope of which the price control falls. The card shall contain the name of the issuing price authority, the name, surname, function and photograph of the person entrusted with the performance of the check, the date of issue, the scope of the licence and the validity of the licence. The card shall bear an official stamp and be signed by the person who issued the licence, giving its name, surname and function. ';
19. in Article 14 (2) (d), "account 13" is replaced by "account."
footnote 13 is deleted.
20. Paragraph 14 (4) is deleted.
Paragraphs 5 and 6 shall be renumbered paragraphs 4 and 5.
21. in the last sentence of Paragraph 14 (4), the word "control" shall be deleted.
22. Paragraph 14 (5) is deleted.
23. After Paragraph 14, the following Section 14a is inserted:
Measures to remedy
(1) On the basis of the findings of an infringement, price authorities responsible for price control may impose corrective measures aimed at eliminating the unlawful situation. In doing so, it shall set a reasonable period or other necessary conditions to ensure that they are met.
(2) The obligation arising from the remedy measures imposed on the agents of the infringement is transferred to its successor in law.
(3) Compliance with the obligation referred to in paragraph 1 shall be enforced by the price authority which imposed the remedies by imposing a fine of coercion.
(4) The fine may be imposed repeatedly. The amount of individual coercive fines may not exceed CZK 1 000 000. "
24. in Paragraph 16 (1):
"(1) A natural, legal or business natural person as a seller commits an offence by:
(a) apply a price of an amount not in accordance with the price officially established pursuant to Article 5 (1);
(b) fail to comply with the conditions laid down by the price authorities under Article 5 (3);
(c) applies a price the amount or calculation of which does not comply with the terms of the price control in question pursuant to § 6;
(d) fails to respect the price moratorium referred to in Article 9 (1);
(e) does not keep or maintain a price register as provided for in Article 11 for goods referred to in Article 11 (1) (a) or (b); or
(f) infringes the obligation under Paragraph 13 (1) when selling goods. "
25. Paragraph 16 (4) reads:
"(4) A legal or business natural person commits an offence as a seller by:
(a) does not keep or maintain a price register as provided for in Article 11 for goods referred to in Article 11 (1) (c); or
(b) infringes one of the obligations set out in paragraphs 2 to 11 of Article 13 when marking goods at prices. ';
26. In Article 16, the following paragraphs 5 and 6 are added:
"(5) A fine may be imposed for an offence
(a) up to 1 000 000 CZK if the offence referred to in paragraph 2 (a) or (c) or paragraph 4 (a) is committed;
(b) up to 5 000 000 CZK if the offence referred to in paragraph 1 (f) or paragraph 4 (b) is committed,
(c) from one to five times the disproportionate asset benefit, if quantified, recorded in the audited period, up to a maximum of three years, or up to a maximum of CZK 1 000 000, if the amount of the disproportionate asset benefit thus established is less than CZK 200 000, if the offence referred to in paragraph 1 (a) to (d), paragraph 2 (b) or paragraph 3 applies;
(d) up to 10 000 000 CZK, where the amount of undue asset benefit cannot be ascertained or there is no disproportionate asset benefit, if the offence referred to in paragraphs 1 (a) to (d), 2 (b) or 3 is committed; or
(e) up to 10 000 000 CZK if the offence referred to in paragraph 1 (e) is committed.
Contents
ČÁST PRVNÍ
Čl. I
㤠3
㤠5
§ 6
§ 7
㤠10
㤠10a
㤠11
§ 12
§ 13
㤠14a
㤠17
§ 17a
㤠17b
„ČÁST VI
§ 18a
§ 18b
§ 18c
§ 18d
§ 18e
§ 18f
§ 18g
§ 18h
§ 18i
§ 18j
§ 18k
§ 18l
Čl. II
ČÁST DRUHÁ
Čl. III
ČÁST TŘETÍ
Čl. IV
ČÁST ČTVRTÁ
Čl. V
ČÁST PÁTÁ
Čl. VI
ČÁST ŠESTÁ
Čl. VII
ČÁST SEDMÁ
Čl. VIII
ČÁST OSMÁ
Čl. IX
ČÁST DEVÁTÁ
Čl. X
ČÁST DESÁTÁ
Čl. XI
ČÁST JEDENÁCTÁ
Čl. XII
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Regulation Information
| Citation | Act No. 265 / 2024 Coll., amending Act No. 526 / 1990 Coll., on Prices, as amended, and other related laws |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 19.09.2024 |
|---|---|
| Effective from | 01.01.2025 |
| Effective until | - |
| Status | Valid |
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