Act No. 311 / 2006 Coll.
Law on fuel and petrol stations and amending certain related laws (Law on fuel)
Valid
Law
Effective from 01.09.2006
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311
THE LAW
of 23 May 2006
on fuel and petrol stations and amending certain related laws (Fuel Act)
Parliament has decided on this law of the Czech Republic:
POWER MEANS AND THEIR USE
Subject matter
(1) This law implements the relevant provisions of the European Union1), and provides for
(a) requirements for the composition and quality of fuel and monitoring and monitoring of the composition and quality of fuel sold;
(b) the sale and supply of fuel;
(c) registration of fuel distributors;
(d) records of filling and charging stations and fuel storage units.
(2) This law shall not apply to rechargeable stations which are connected and used for the free charging of electric vehicles in the sampling place (1a) of non-commercial natural persons or for the recharging of electric vehicles at the sampling point of the housing cooperative (1b) or the community of unit owners (1c) exclusively for members of that cooperative or community or users of the cooperative apartment of that cooperative or unit of that community, or for the free charging of electric vehicles in a car dealership for the purpose of demonstrating these vehicles, to recharging stations with a power up to 3,7 kW intended for recharging of single-track electric vehicles. Furthermore, this Act does not apply to the charging of public public transport vehicles supplied directly from the traction or overhead line.
Definition of terms
This law means:
(a) motor gasoline fuel, diesel fuel, mixed fuel and alternative fuel, provided that they are intended for the propulsion of an engine of a vehicle or a special vehicle; the propellant is not liquid additives which are a mandatory substance necessary for the operation of the vehicle or special vehicle and are complementary to the fuel;
(b) alternative fuel fuel or energy source which serves at least partly to replace fossil oil sources in transport energy supplies and which have the potential to contribute to its decarbonisation and increase the environmental performance of the transport sector; the alternative fuel is in particular biofuel or other fuel from renewable sources, synthetic and paraffinic fuel, compressed natural gas including biomethane, liquefied natural gas including biomethane, liquefied petroleum gas, electricity and hydrogen;
(c) a motor vehicle manufactured for road transport purposes for the carriage of persons, animals or goods;
(d) a special vehicle, a motor vehicle manufactured for purposes other than road traffic or a mobile machinery;
(e) an electric vehicle powered by a motor vehicle comprising at least one non-peripheral electrical device as an energy converter with an electrically charged energy storage system which can be charged externally;
(f) the fuel service station (hereinafter referred to as the service station) of the construction or installation of which the fuel is sold or sold, with the exception of electricity, and normally released into the fuel tank of the vehicle; the service station is not a construction or installation from which fuel is only produced;
(g) expenditure
1. the free transfer or transfer of fuel from the storage tank to the fuel tank of the vehicle, special vehicle or tank, as a general rule;
2. the sale of fuel to the fuel tank of a vehicle, special vehicle or tank at the price of its purchase only, unless it is an object of business and the operator of the vehicle or special vehicle and the operator of the service station or the owner of the supply unit are part of the same group under the Value Added Tax Act; or
3. the free charging of the electric vehicle with electricity or the free replacement of its battery,
(h) the service station operator is the person who owns the fuel sold or sold and issued at the service station; if the owner of the service station does not demonstrate who is the owner of the fuel sold or sold and delivered at the service station, the operator of the service station shall be deemed to be its owner;
(i) by importation from the territory of another State into the territory of the Czech Republic,
(j) by export from the Czech Republic to another State,
(k) biofuel liquid or gaseous fuel intended for use in transport and produced from biomass;
(l) a fuel distributor, a person who sells or is entitled to sell fuel on the territory of the Czech Republic, with the exception of sales
1. fuel from a service station or charging station,
2. compressed or liquefied natural gas, including biomethane, if its dealer holds a valid licence to trade in gas under the Energy Act;
3. electricity, if its seller holds a valid licence to trade in electricity under the Energy Act;
4. fuel, where their dealer is the issuer or intermediary of the fuel card and fuel, has been purchased from the service station by means of the fuel card issued by it or by it;
5. fuel, when sold to its employee by their dealer in connection with the operation of a service vehicle for its private purposes, at the exclusive cost of purchasing it;
6. fuel, provided that their seller is the owner of the vehicle, machine or equipment and sells it to their tenants in direct connection with the lease of the vehicle, machine or equipment, at the price of their purchase,
7. fuel in the liquidation of the property by the insolvency administrator after bankruptcy of the fuel distributor,
8. fuel under tax execution; and
9. State fuel;
(m) a publicly available service station of a service station whose operator provides non-discriminatory access to users from the European Union; non-discriminatory access may include different conditions of verification, use and payment;
(n) a charging station of a compact device equipped with one or more charging points having the same owner as that device;
(o) a rechargeable point of a device which allows one electric vehicle to be recharged at a certain time or for which it is possible at a certain time to replace a battery with one electric vehicle and the main purpose of which is to recharge the electric vehicle;
(p) a normal charging point which allows electricity to be transferred to an electric vehicle with a power of 22 kW or less, with the exception of equipment with a power of 3,7 kW or less placed in households or whose main purpose is not to recharge electric vehicles and which are not publicly accessible;
(q) a high-performance recharging point which allows electricity to be transferred to an electric vehicle with a power output exceeding 22 kW;
(r) a publicly available recharging station for the supply of electricity, the operator of which provides non-discriminatory access to users from the European Union, and non-discriminatory access may include different conditions of verification, use and payment; a publicly accessible charging station is not a charging station which
1. the vehicle manufacturer (1d) operates its own production solely for the purpose of recharging electric vehicles; or
2. a rechargeable station operator or a person controlled by it or a person controlling that rechargeable station operator shall use only for the purpose of recharging electric vehicles which use one of those persons for its own use or for the purposes of its business or for the purposes of its employees, in which case the provision of a rechargeable electrical vehicle service through that rechargeable station shall not be the subject of business; or
3. operates a vehicle vendor for charging electric vehicles for the purpose of their sale and which is not accessible to the public; or
4. operated by a car service operator for recharging the vehicles in service and not accessible to the public;
(s) the unit of issue of the construction or installation from which the fuel is only issued and which includes one or more storage tanks for storage of fuel with an aggregate volume of more than 5 m3;
(t) a structure or installation operated by a fuel distributor, other than electricity, of which the fuel is sold or released to a tanker,
(u) the rechargeable station operator, the person who ensures the operation of the rechargeable station for the purpose of recharging electric vehicles.
Fuel
(1) Propellants, except electricity, may be sold or issued only if they meet the quality and composition requirements laid down in the implementing legislation, the specific legislation2) and Czech technical standards.
(2) A person who places motor gasoline or diesel for free circulation in the tax territory of the Czech Republic under the Excise Taxation Act 14) for transport purposes or who supplies in the tax territory of the Czech Republic pursuant to the Excise Taxation Act 14) for transport purposes of motor petrol or diesel, put into free circulation in another Member State of the European Union, is required to make available information on the content of biofuels in motor petrol or diesel.
(3) The manufacturer, importer, exporter and distributor of fuel are required to indicate in the delivery notes, in the case of the supply of motor petrol or diesel fuel, the fuel content expressed in percentage volume.
(4) The implementing act lays down the requirements for the composition and quality of fuel and the monitoring and monitoring of their composition and quality.
Fuel records
(1) The service station operator shall submit to the Ministry of Industry and Trade (hereinafter referred to as "the Ministry '), by 28 February each year, a summary report on the quantity and composition of each type of fuel sold by it in the previous calendar year. The implementing act shall specify the information to be included in the summary report.
(2) The provisions of paragraph 1 shall not apply to service stations on which fuel is sold exclusively for the propulsion of sil3 vehicles, vehicles of the essential component of the integrated rescue system10) or vehicles intended for the performance of the tasks of reporting agents (4).
Sale and supply of fuel, excluding electricity
(1) The sale or sale and supply of fuel, with the exception of electricity, is permitted from a service station which meets the requirements laid down by special legislation5) and from the Czech technical standard governing the requirements for the location of service stations and sanitary, technical and technological requirements for the design of new and building changes to existing service stations (6) and is used on the basis of a design authorisation under the building law.
(2) The provisions of paragraph 1 shall not apply to the sale or supply of fuel into the fuel tank of a vehicle of the essential component of the integrated rescue system10) and sil3) and to cases under Paragraph 5a, except for the purchase of fuel by a person registered as a fuel distributor and from a service station registered in the service station register.
(3) The filling of mobile pressure vessels with liquefied petroleum gases, with the exception of the pumping of liquefied petroleum gases into fixed fuel tanks of motor vehicles and the sampling of fuel composition and quality, shall be prohibited at the service station and at the dispensing unit.
(4) An operator of a petrol station from which motor gasoline is sold or issued and is not non-serviceable shall ensure that additives are sold or issued in that petrol station to allow reliable engine operation that is designed for the use of leaded motor petrol, or unleaded motor gasoline with these additives. The additive and its dosage shall be laid down in implementing legislation.
(5) It shall be prohibited to sell or issue leaded motor petrol or to use it to drive a vehicle engine.
(6) The service station operator shall ensure that its operation does not endanger the life or health of persons, their property or the environment.
(7) The service station operator shall:
(a) to ensure the marking of fuel dispensers by the name of the fuel sold or issued, which complies with the relevant Czech technical standard which determines the composition and quality of the fuel, the Czech technical standard number and the graphic marking, where the Czech technical standard refers to it;
b) make information available at the service station
1. the quality of fuel sold or issued and their hazardous properties (15),
2. the biofuel content of the motor gasoline sold or issued and the possible use of each type of petrol sold or issued,
3. a biofuel content, in particular, of fatty acid methyl esters, in the diesel fuel sold or issued,
4. the compatibility of fuel sold or issued with the vehicle or special vehicle;
(c) ensure that, for each calendar day, evidence is kept of the quantities of fuel sold or issued, in which the state of the sum counter on a specified meter is recorded separately for each fuel dispenser under the Metrology Act; Such records shall be kept by the service station operator for a period of 3 years from the date of sale or supply of fuel; the service station operator is also obliged to ensure that, at the request of the customs office, the registration is presented without undue delay and that the total counter condition of the specified meter is activated under the Metrology Act;
(d) ensure, at the service station from which motor gasoline with an ethanol content of between 5 and 10 per cent volume is sold or issued, the designation of the relevant dispenser by reference to the ethanol content of the motor gasoline;
(e) ensure at the service station from which fuels with metallic additives are sold or issued, the marking of the relevant fuel dispenser, containing the text "Contains metallic additives."; the mark shall be clearly written, clearly visible and easily legible; and
(f) ensure, at the service station from which liquefied petroleum gas is sold or issued, the labelling of liquid petroleum gas dispensers of information "filling gas into mobile pressure vessels is prohibited.
(8) The operator of a publicly available service station from which motor petrol and diesel and alternative fuel are sold shall publish at that service station a visible and legible comparison of fuel prices published by the Ministry pursuant to Article 7 (1) (b) by 15 April of the current calendar year, as regards the comparison of fuel prices published by the Ministry no later than 31 March of the current calendar year, and by 15 October of the current calendar year, as regards the comparison of fuel prices published by the Ministry no later than 30 September of the current calendar year.
(9) The owner of the output unit is obliged
(a) to ensure that the supply unit is equipped with a measuring device of an elongated amount of fuel and a supply line;
(b) ensure that, for each calendar day, evidence is kept of the quantities of fuel issued divided into free and refundable transfers of fuel; such records shall be kept by the owner of the unit of issue for a period of 3 years from the date of issue of the fuel; the owner of the consignment unit is also obliged to ensure that, upon request of the customs office, the registration is presented without undue delay; and
(c) ensure that the life or health of persons, their property or the environment is not compromised in the operation of the supply unit in accordance with the requirements laid down in specific legislation5).
Fuel purchase
(1) The fuel distributor, the gas station operator and the owner of the supply unit are obliged to buy fuel only in the Czech Republic
(a) from a person registered as a fuel distributor,
(b) from a person holding a valid licence to trade in gas under the Energy Act in the case of the purchase of compressed or liquefied natural gas, including biomethane;
(c) from a service station registered in the service station register;
(d) from the insolvency administrator to the declaration of bankruptcy of the fuel distributor;
(e) under tax execution; and
(f) from the State on the sale of fuel under this Act or special legislation19).
(2) Purchases of fuels, excluding electricity and compressed or liquefied natural gas, including biomethane, are permitted only
(a) in the cases referred to in paragraph 1 (a), (c), (d), (e) or (f);
(b) by the issuer or fuel card broker, if the fuel has been purchased from a service station through that fuel card;
(c) by the employer in connection with the operation of a service vehicle for the private purposes of the staff member, at the sole cost of purchasing it; and
(d) from the lessor of the vehicle, machine or equipment in connection with the hire of the vehicle, machine or device, at the exclusive cost of their purchase.
Registration of filling and charging stations and dispensing units
(1) The Ministry shall keep records of service stations and charging stations and dispensing units. The records of filling and charging stations and dispensing units shall be kept in electronic form. The Ministry shall publish in a way that allows remote access a list of publicly available service stations and publicly available charging stations containing the information referred to in points (b), (c) and (e) to (g) of paragraph 2 and points (b) to (g) of paragraph 5. Other data from the records of filling and charging stations and dispensing units are private.
(2) The records of service stations are entered
(a) details of the owner of the service station and data of the service station operator, if not its owner,
1. in the case of a legal person, the business firm or the name, registered office and identification number of the person, if assigned, in the case of a foreign person, also in the case of the location of the organisational component of an undertaking in the Czech Republic, if it establishes it;
2. in the case of a natural person, the name and surname, and, where applicable, the business firm, the date of birth, the identification number of the person, if assigned, the address of the permanent residence or, where applicable, the registered office of the foreign person, the address of the residence in the Czech Republic, if any, the address of the registered residence in the Czech Republic, or the location of the organisational component of the enterprise in the Czech Republic, where it is established,
(b) a brief description of the service station;
(c) the address of the petrol station, if assigned, and its geographical coordinates in the 1984 World Geodetic System (WGS84);
(d) an indication of whether the service station is publicly accessible;
(e) the name of the fuel referred to in Article 5 (7) (a) sold at the service station;
(f) the designation under which the service station operates; and
(g) the date of entry into service of the service station and the date of cessation of service of the service station.
(3) The owner of the service station is obliged to the Ministry
(a) notify the data referred to in paragraph 2 (a) to (f) before the service station is put into service;
(b) notify, without undue delay, the entry into service station into service or the cessation of service station operation and any change in the data referred to in paragraph 2 (a) to (f).
(4) The provisions of paragraphs 1 to 3 do not apply to service stations in which fuel is issued exclusively for the propulsion of sil3 vehicles, vehicles of the essential component of the integrated rescue system10) or vehicles intended for the performance of the tasks of the intelligence services 4).
(5) The records of charging stations are entered
(a) data on the owner of the charging station and data on the operator of the charging station, if not the owner,
1. in the case of a legal person, the business firm or the name, registered office and identification number of the person, if assigned, in the case of a foreign person, also in the case of the location of the organisational component of an undertaking in the Czech Republic, if it establishes it;
2. in the case of a natural person, the name and surname, and, where applicable, the business firm, the date of birth, the identification number of the person, if assigned, the address of the permanent residence or, where applicable, the registered office of the foreign person, the address of the residence in the Czech Republic, if any, the address of the registered residence in the Czech Republic, or the location of the organisational component of the enterprise in the Czech Republic, where it is established,
(b) the number of rechargeable points, for each rechargeable point type, nominal maximum power, standard rechargeable point, information on which rechargeable points can be used simultaneously if the rechargeable station is equipped with multiple rechargeable points, and the total nominal maximum power of the rechargeable station;
(c) the address of the recharging station, if assigned, and its geographical coordinates in the 1984 World Geodetic System (WGS84);
(d) an indication of whether the charging station is publicly accessible; in the case of a publicly available recharging station, information on time accessibility;
(e) data on the electricity source if the charging station is not connected to the electricity system of the Czech Republic,
(f) the designation under which the recharging station is operated; and
(g) the date of entry into service of the recharging station and the date of cessation of operation of the recharging station.
(6) The owner of the charging station is obliged to notify the Ministry
(a) prior to the entry into service of the recharging station, the data referred to in paragraph 5 (a) to (f); and
(b) without undue delay, putting the recharging station into operation or termination of service of the recharging station and any change in the data referred to in paragraph 5 (a) to (f).
(7) To be entered in the account of the unit of issue
(a) details of the owner of the unit of issue, namely:
1. in the case of a legal person, the business firm or the name, registered office and identification number of the person, if assigned, in the case of a foreign person, also in the case of the location of the organisational component of an undertaking in the Czech Republic, if it establishes it;
2. in the case of a natural person, the name and surname, and, where applicable, the business firm, the date of birth, the identification number of the person, if assigned, the address of the permanent residence or, where applicable, the registered office of the foreign person, the address of the residence in the Czech Republic, if any, the address of the registered residence in the Czech Republic, or the location of the organisational component of the enterprise in the Czech Republic, where it is established,
(b) a brief description of the unit of issue,
(c) the address of the unit of issue, if assigned, and its geographical coordinates in the 1984 World Geodetic System (WGS84);
(d) the name of the fuel emitted; and
(e) the date of entry into service of the unit and the date of cessation of operation of the unit.
(8) The owner of the unit of issue is obliged to notify the Ministry
(a) before putting the unit into service, the data referred to in paragraph 7 (a) to (d); and
(b) without undue delay, the placing in service or termination of the supply unit and any change in the data referred to in paragraph 7 (a) to (d).
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 procedure
(1) The fuel distributor is obliged to register with the customs office before commencing his activity.
(2) The provisions of the Tax Code shall apply mutatis mutandis to registration proceedings, deposit management and notification obligations of the fuel distributor.
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;
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Regulation Information
| Citation | Act No. 311 / 2006 Coll., on fuel and petrol stations and on the amendment of certain related laws (Fuel Act) |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 22.06.2006 |
|---|---|
| Effective from | 01.09.2006 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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