Decree No. 4 / 1986 Coll.
Decree of the State Arbitration of the Czechoslovak Socialist Republic on the Management of Packaging in the Supply of Products
Valid
Effective from 01.04.1986
4
DECLARATION
State Arbitration of the Czechoslovak Socialist Republic
of 8 January 1986
on product packaging management
The State Arbitration of the Czechoslovak Socialist Republic provides, pursuant to § 179 and § 394 (1) (b) of Economic Code No. 109 / 1964 Coll., in the complete version published under No 45 / 1983 Coll. (hereinafter referred to as "the Act"):
BASIC PROVISIONS
Subject matter and scope of the adjustment
(1) This decree regulates the economic relations arising from the management of repayable transport packaging and means of transport ("packaging ') intended for its construction, material, mechanical resistance and the ability to protect consignments for re-use in the supply of products between socialist organisations and, where appropriate, their organisational units referred to in Article 17 (2) of the Act (" the organisation').
(2) The packaging referred to in paragraph 1 shall be the packaging provided for by technical standards (1) as reversible and other packaging, provided that the characteristics, the purpose of use, the weight of the unit of transport packaging and the economical use of the loading facilities of the means of transport comply with the conditions of appropriate packaging provided for in Article 178 (1) and (2) of the Act. The internal equipment of the reversible transport packaging, used for its strengthening or for fixing the product inside the packaging, is part of it.
(3) The means of transport referred to in paragraph 1 shall be the means of transport used by the transporters to ensure the proper packaging, loading and delivery arrangements provided for in Article 178 (1) and (2) of the Act, which are in the administration or ownership of the supplier; are means of transport1) (e.g. containers, both free and fenced pallets, transport platforms, containers, cable drums, ropes and similar winding products), external load fixed1) (e.g. wedges, spacings, inflatable pads) and parts of consignments for handling or covering them (sails, foil covers, etc.).
(4) Packaging materials (e.g. wrapping paper, plastic foil) and auxiliary packaging materials (e.g. wood wool) not suitable for reuse are not packaging within the meaning of this Decree.
(5) This decree does not apply to:
(a) the packaging of the customer transmitted for filling,
(b) packaging which is provided for consideration, with the exception of Section 22;
(c) packaging included in the price of the products;
(d) packaging of products dispatched abroad or stored for export under Section 227 of the Act;
(e) packaging in which the products have been imported from abroad;
(f) packaging, the circulation of which is regulated by specific legislation, unless otherwise specified, 2)
(g) means of transport of carriers, in particular pallets and containers. (3)
(6) For packaging as referred to in paragraph 5 (c) and for packaging as referred to in paragraph 5 (d), if they return from abroad or in paragraph 5 (e), if they do not return abroad, if they are used in the country, the organisations concerned may agree to return them and agree on the necessary conditions, including the price to be recorded for packaging.
(1) The relationship between the supplier and the customer under this Order arises in cases where the supplier uses packaging for the supply of products. In doing so, the supplier is obliged to indicate in the invoice and one other accompanying document (e.g. delivery note) (4) the name of the packaging and its designation according to the single classification of industry and products, (5) its registration price (§ 3), the quantity of such packages in the delivery (consignment) and the time limit for their return.
(2) If the supplier uses the carrier's means of transport when supplied, he shall indicate this explicitly in the relevant documents in terms of proper distinction.
As accounting prices, the supplier uses for the purpose of managing packaging, in particular for the purpose of keeping the same register with the customer (§ 18), the prices in which he records purchased packaging in the management of national property or in the management of property in a non-state socialist property in his accounting (operational register); (6) the prices of packaging which have been invoiced to him or the planned purchase prices where packaging of the same kind has different prices.6) At the request of the customer, the supplier shall allow verification of the price at which the packaging is registered.
COMPETITION
Return of packaging
(1) The collector is obliged to return and the supplier is obliged to take over the packaging of the same type (size and material) as the packaging in which the products were delivered and whose condition allows further use for the intended purpose.
(2) The collector shall return the packaging to the place from which it was sent when the products were delivered, unless otherwise agreed, or where the supplier has explicitly identified the packaging as the place to be returned.
(3) Where the supplier of products for sanitary, technical or other important reasons designates packaging exclusively for the supply of a particular type of product and indicates this on the packaging, the customer shall only return the packaging to an organisation marked on the packaging.
Treatment of packaging
(1) The collector must treat the packaging properly; in particular, they must return the packaging completely empty and unpolluted. In order to ensure the cost-effectiveness of re-transport, the customer is obliged to return the packages assembled if the technical execution so permits.
(2) If, according to the special regulations, emptied packaging must be cleaned in a certain way prior to return (e.g. rendering, disinfection), the customer is obliged to carry out these operations, otherwise the supplier is obliged to pay the costs which the supplier had to incur in connection with this.
Route delivery
(1) In the case of en route supplies, the consignee of the products is obliged to return the packaging directly to the consignor, unless the labelling on the packaging indicates otherwise or unless the organisation concerned agrees otherwise (Section 4 (2)).
(2) The rights arising from this decree against the recipient of the products are exercised by an organisation which, in the course of the management of the packaging used in those deliveries, keeps their total records, unless otherwise agreed between the consignor and the supplier. However, the supplier shall notify the customer and the consignee of such agreement.
(3) The provisions of this Order on the rights and obligations of the supplier and the customer apply mutatis mutandis to line deliveries to the consignor and the consignee.
Time limits for returning packages
(1) The collector shall return the packaging to the supplier without delay after they have been emptied, but not later than within the agreed or specified time limits. These periods shall begin on the day following that on which the products supplied in the packages were:
(a) surrendered to the customer if he has taken the products from the supplier or if the supplier has delivered them to him;
(b) transmitted to the first public carrier in the country or post for transport to the place of destination.
(2) In the event of premature performance, if the customer has been refused (Section 169 of the Act), the deadline for returning the packaging shall begin after the first day of the agreed delivery period.
If no other time limit is agreed between the participating organisations or their superior bodies or otherwise provided for in another legislation, the customer shall be obliged to return the packaging within 30 days of the delivery of the products in those packages.
(1) The period laid down in Article 8 is hereby extended:
(a) 60 days for organisations whose business is sales, supply or business;
(b) 30 days if the delivery of the products is satisfied as a unit consignment through the ČSAD.7 Collection Service)
(2) The deadline for returning the packaging is extended by the period during which the customer's proper claims were handled, provided that the product delivery had to be recovered separately [Paragraph 197 (e) of the Act] in order not to undermine it.
(3) The supplier is obliged to agree to an extension of the period laid down in Section 8 for the period of the necessary storage of the products in packages, if the customer has demonstrated in writing in advance (at the conclusion of the contract, at the time of the appeal or at the disposal of the transport) that the stocks are compulsorily produced, that the necessary frontloading is to satisfy the time-limits of future, particularly seasonal needs, where the return of packaging is technologically conditional on the use of the product and on the supply of ships travelling abroad. In such cases, the customer is obliged to return the packaging no later than the agreed time limit; at the same time it shall inform the supplier in writing.
(4) If the supplier's customer asks for an extension of the packaging return period in other cases before its expiry, that period shall be extended by an agreed period, even if the supplier's consent to this request is given or delivered to the customer only after the original deadline.
(1) The time limit for returning the packages is respected if the customer has submitted the package to the supplier or if he has transmitted it for transport to the public carrier or post office at the latest on the last day of the agreed or specified period.
(2) In cases where it is agreed or provided that the supplier himself carries the empty packaging, the time limit for returning the packaging shall be complied with if the customer has demonstrated, at the latest on the last day of that period, that the packaging is ready for re-shipment. This notification is not necessary in cases where the supplier carries out the removal of empty packaging with regular delivery of products in packages according to the agreed or specified delivery plan.
(1) Until the time limit for returning the packaging, the period by which the public carrier has exceeded the time limit for transporting the consignment containing the products in the packages shall not be added for the purpose of property sanctions if the customer proves this.
(2) Where the time limit for returning the packaging has not been complied with only because the public carrier has not accepted the consignment to be transported in a manner and within the time limits laid down in the relevant transport rules, the period of delay associated with the receipt of the consignment shall not be added for the purposes of property penalties until the time limit for returning the packaging if the customer proves this.
(3) A credible evidence of the facts referred to in paragraphs 1 and 2 is, for example:
(a) a transport document certified by the public carrier containing details of the date of receipt of the consignment and its issue by the public carrier;
(b) a timely transport order containing details of the date of its submission or the date of receipt of the consignment for transport or an indication by the public carrier of the delay in receipt of the consignment for transport;
(c) recognition of a claim for exceeding the time limit laid down for transporting products in packages by a public carrier.
Accounting
(1) Returned packaging is counted against the fulfilment of the oldest commitments, unless otherwise agreed between the organisations or their superior bodies. However, they must be packaging of the same type or destination (Section 4).
(2) Where, by mutual agreement between the organisations or their superior bodies, packing lists are in place, returned packages shall be counted against the obligations under these documents. Details of the method of such registration and of the counting of the returned packaging on the basis of the packaging documents shall be agreed by the organisation or shall be determined by the authorities responsible for their implementation.
Property sanctions and non-return refunds
Delayed
(1) A collector who is late in returning the packaging within the agreed time limit or time limit is obliged to pay a supplier who is held up by 50% of the registration price of the packaging (§ 3).
(2) If the customer does not return the packaging within two months of the expiry of the agreed or specified time limit for the return of the packaging, he shall be obliged to pay the supplier another delay of three times the registration price of the packaging; the supplier withdraws such packaging from the packaging register (Section 18).
(3) If the customer returns the packaging after the supplier's right of payment has been established, equal to three times the registration price, but before it is accounted for, he is obliged to pay the supplier two times the registration price.
(4) If the customer returns the packaging for which the supplier has charged him for non-return, which is delayed at three times the registration price of the packaging, he shall notify the supplier and charge the refund at the registration price of the returned packaging; the supplier is obliged to accept those packages back, to place them in the register and to pay compensation to the customer at the level of the registration price of the packages, where such packaging is capable of being used again.
(5) The value of the package which has not been returned shall be included in the paid delay of three times the registration price.
(6) When counting packaging (Section 12), the basis for calculating the delayed registration price of the packaging is that indicated in the invoice, which according to the condition of registration (Section 18) relates to the delay in returning the packaging.
Loss and destruction of packaging
(1) If packaging is lost or destroyed
(a) when transporting products carried out by a public carrier or by post, the customer is obliged to notify the supplier in writing immediately upon receipt of the registration (Section 344 of the Act) or confirmation by the carrier or post that the packaging has been lost or destroyed during transport, or that the search for the lost consignment or the complaint of its loss has been unsuccessful until now, but no later than 1 month after the deadline for returning the packaging,
(b) when transporting the supply of products by an organisation which is not a public carrier, the customer is obliged to notify the supplier in writing immediately after the registration (Section 194 of the Act), no later than 15 days after receipt of the supply of the products,
(c) in the case of the transport of supplies of products by the customer or as a result of a natural disaster or any other unavoidable event with the customer, the customer shall notify the supplier in writing immediately after that fact has been established and at the latest within the time limit for returning the packaging.
(2) The date on which the supplier received the notification of the loss or destruction of the packaging referred to in paragraph 1 gives him the right to pay compensation against the customer at the level of the registered price of the packaging lost or destroyed; where such loss or destruction has occurred during the transport of the products, the supplier shall be entitled to such a right only if the customer has borne the risk of transport (§ 21). If lost packaging is found, the supplier is obliged to accept these packaging back if they are able to continue to use it and to compensate the customer for it at the level of the registered price of the packaging paid by the customer.
(3) For the loss or destruction of returned empty packages when they are being transported back by a public carrier or by mail, the customer is obliged to pay compensation to the supplier at the level of their registration price if he was exposed to the risk of such transport (§ 21).
(4) The refunds referred to in paragraphs 2 and 3 shall be reduced by the amount received by the supplier of the products from the carrier following a legitimate claim.
(5) Upon receipt of the compensation or settlement referred to in paragraphs 2 to 4, the supplier shall deduct lost or destroyed packaging which has not been returned to him from his records (§ 18).
(6) If the customer fails to comply with the notification requirement referred to in paragraph 1, he shall pay the supplier a property penalty equal to twice the registered price of the packages lost or destroyed.
(7) The facts referred to in paragraph 1 shall be demonstrated by the customer when settling mutual claims under this Order at the supplier's request.
In other cases of non-return of packaging because they have been lost or destroyed at the customer, the customer is obliged to pay a supplier delayed at the amount referred to in § 13 (1) and (2) and the supplier shall write off the packaging from the register. Paragraph 13 (5) shall apply mutatis mutandis.
Damage and degradation of packaging
(1) If the packaging for transport has been damaged by a public carrier or by mail, the customer shall pay the supplier the amount received from the carrier on the basis of a legitimate claim.
(2) If the packaging has been damaged by the customer, he shall, if he does not repair the packaging himself, pay the supplier the costs of the repair or the amount corresponding to the depreciation.
(3) If the customer finds that the packaging is severely damaged or degraded by normal use in such a way that it is not eligible for further circulation, he shall immediately notify the supplier, who shall provide him with the means of handling the packaging. Such packaging is written off by the supplier from his register (§ 18).
(4) The supplier is obliged to monitor the wear of the packaging and to dispose of excessively worn packaging in due time.
Specific provisions on packaging management
Cooperation between organisations
Organisations shall ensure proper management of packaging; If long-term supplier-customer relations are used for this, they usually use supply preparation contracts (Section 163 of the Act) and cooperation agreements (Section 164 of the Act). In such contracts or other agreements, in particular, the time limits for the return of packaging, the conditions for its extension, the way in which the packaging is shown in economic contracts, invoices, and delivery notes for simplified registration purposes (§ 18), the organisational level of the record keeping and the way in which the packaging records and mutual claims are agreed, the detailed conditions and the way in which delivery is to be counted when packaging sheets are introduced, the conditions for the application of this decree in line deliveries.
Packaging records
(1) The information for the registration of packaging (Section 2 (1)) must be such as to avoid confusion of packaging or doubts as to the quantity or type of packaging used for the delivery of products to customers. If the supplier does not provide the information specified in the invoice and one additional accompanying document (e.g. delivery note), he shall be entitled only to half of the delay (§ 13 (1) and (2)); However, this right must be proved by other means of proof.
(2) In order to ensure a consistent record of packaging, organisations are required to agree on records of the movement of packaging when irregularities are detected, otherwise regularly at least once a year, but not more frequently than once a month. If the supplier submits to the customer or the supplier an extract of the record of the movement of the entrusted packaging, the other organisation shall send its written observations within one month of receipt of the extract; If they do not do so, they shall pay for each day of delay a property penalty of 50, - CZK but no more than 1000, - CZK.
(3) Packaging is to be registered at organisation level. Where agreed in a cooperation agreement (§ 17) or other agreement, packaging shall be recorded at the level of the plants, establishments, warehouses and similar organisational units; In so doing, accounting (Paragraph 12 (1)) shall be carried out at this level, unless otherwise agreed.
Reimbursement for wear on packaging
Compensation for wear of packaging may be charged if this is in accordance with price regulations. 8)
Freight costs of packaging
Each of the participating organisations shall cover transport costs in one direction, unless otherwise agreed.
Danger in transport
When transporting packaging carried out by a public carrier or by post, the risk of loss or damage to packaging shall be borne by each of the participating organisations in one direction, while when transporting to the customer the risk of loss or damage to packaging of the organisation at whose risk the transport of the products is concerned.
Provision of packaging for remuneration
(1) The collector is obliged to pay for packaging the return of which is inadmissible for health or hygiene reasons. Where their value is not included in the prices of the products, the supplier shall include their price in the invoice for the supply of the products concerned under the price regulations.
(2) An organisation, with the prior agreement of the superior bodies or their superior bodies, may agree that the packaging will not be returned for serious, in particular economic reasons. In such cases, the provisions on equity settlement referred to in paragraph 1 shall apply mutatis mutandis.
The organisation, with the prior agreement of the superior authorities or the superior authorities, may agree, where economically appropriate, that certain packaging which the customer is obliged to return, that the supplier with the products supplied will be invoiced at the registration price (§ 3) or at a uniform packaging price agreed between the supplier and the customer; the agreement shall include the conditions under which the supplier will be obliged to accept the invoiced packaging and to pay the registered or agreed price. If the Agreement does not contain these conditions, paragraphs 2 to 6 and 24 shall apply mutatis mutandis. The loss, destruction or damage of such invoiced packaging in the transport of the products and in the re-transport of the packaging shall be treated in accordance with the law as for the supply of the products. Any property penalties contained in the agreement need not be charged and enforced.
Calculation of cash receivables
In the settlement of mutual cash claims arising under this decree between organisations, mutual netting is permitted (Section 361 (3) of the Act).
TRANSITIONAL AND FINAL PROVISIONS
(1) The rights arising from the relationship between suppliers and customers under Decree No. 11 / 1965 Coll., on the management of packaging in the supply of products, established before 1 April 1986, are settled in accordance with the existing regulation. the time limits for returning packages which began to run before 1 April 1986 shall be assessed in accordance with the present Regulation until their end.
(2) Agreements on the invoicing of packaging which have remained unaffected within the meaning of Article 16 (4) of Decree No 11 / 1965 Coll., on the management of packaging for the supply of products, and agreements which have been concluded pursuant to Article 14 (2) and (3) of the same Order remain in force.
The Decree of the Ministry of Chemical Industry No. 11 / 1965 Coll., on the Management of Packaging at the Delivery of Products is hereby repealed.
This Decree shall take effect on 1 April 1986.
Main Arbiter
Czechoslovak Socialist Republic:
Vanek v. r.
1) ČSN 77 0000 - Nomenclature of packaging techniques. General and basic names. ČSN 77 0002 - Label of packaging technology. Basic types of packaging. ČSN 77 0020 - Packaging. General packaging requirements. ČSN 26 0002 - Material handling. The words. ČSN 26 9004 - Manipulating units. The words. ČSN 26 9006 - Paletisation. The words. ČSN 26 9007 - Container. The words.
(2) In particular, in the case of the circulation of packaging between production organisations and organisations carrying out the disposal of their products (where appropriate commercial organisations) and packaging, the use of which is technically and, where appropriate, technologically linked to the nature of the products or their production, storage or use, e.g. the basic conditions for the supply of products of the sector concerned pursuant to Article 392 (1) and (2) of the Act and Decree No 54 / 1959 Úl, on the management of steel cylinders for technical gases and liquid fuel gas.
3) The management of these funds is governed by specific regulations such as the Conditions for the Carriage of Goods on Exchange Pallets, published in the Transport and Tariff Bulletin under No 119 / 44-45 / 1981 as amended, Decree of the Federal Ministry of Transport No 9 / 1984 Coll., on Container Regulations, as amended, No 74 / 1985 Coll.
4) Paragraph 4 (2) (m) of Decree No. 154 / 1975 of the Federal Ministry of Finance Coll., on invoicing and payment of supplies of a non-investment nature.
5) Decree of the Central Commission of People's Control and Statistics No 71 / 1965 Coll., on the establishment and use of a uniform classification of industrial fields and products and a uniform classification of products in agriculture and forestry. Decree of the Federal Statistical Office No. 116 / 1972 Coll., on the creation and maintenance of industry product code lists.
6) The proceeds of the Federal Ministry of Finance No VII / 9 333 / 1985 of 31 May 1985 issuing the chart of accounts and the Directive on the chart of accounts for economic organisations (in particular accounts No 101, 115, 125), which is registered in the amount of 33 / 1985 Coll.
7) Order of the ČSAD Collection Service, published in the Transport and Tariff Bulletin under No C 44 / 47 / 1977, as amended.
8) Item No 127 of the Decree of the FCU, the ČČU and SCÚ No V-1 / 86 of 29.11.1985 on the prices negotiated by the agreement, published in the Price Bulletin amount 52 / 1985, which is registered in the amount 32 / 1985 Coll.
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Regulation Information
| Citation | Decree of the State Arbitration of the Czechoslovak Socialist Republic No. 4 / 1986 Coll., on the Management of Packaging of Products |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 27.01.1986 |
|---|---|
| Effective from | 01.04.1986 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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