Act No. 439 / 2003 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 19.12.2003
Text versions:
19.12.2003
439
THE LAW
of 3 December 2003
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. 102 / 2001 Coll., Act No. 321 / 2001 Coll., Act No. 205 / 2002 Coll., Act No. 309 / 2002 Coll. and Act No. 226 / 2003 Coll., is amended as follows:
1. In Article 2, at the end of the text of paragraph 1, the words "unless otherwise provided by this law (§ 7b) 'shall be added.
2. in Paragraph 2 (2) (e), the words "special legislation, (1f)" shall be replaced by the words "special legislation, (1c)";
Footnote 1c) reads as follows:
"1c) Act No. 123 / 2000 Coll., on Medical Devices and on the amendment of certain related laws, as amended. Decree No. 181 / 2001 Coll., laying down technical requirements for medical devices, as amended. Government Regulation No. 191 / 2001 Coll., laying down technical requirements for active implantable medical devices, as amended. Government Decree No. 286 / 2001 Coll., laying down technical requirements for in vitro diagnostic medical devices. '
footnote 1 (c) shall be renumbered as footnote 1 (d) and footnote 1 (d) shall be renumbered as footnote 1 (g), including references to these footnotes.
3. in Article 7b, the reference to footnote 3 shall be replaced by a reference to footnote 3f;
Footnote 3f:
"3f) Sections 8 (2) and 7b of Act No. 634 / 1992 Coll., as amended. Act No. 191 / 1999 Coll., on measures concerning the import, export and re-export of goods infringing certain intellectual property rights and amending certain other laws, as amended. '
4. Paragraph 7b (5), including footnote 3g, reads:
"(5) The Director of the Inspectorate shall, in addition to the fine, impose a forfeiture or prevent products or goods not complying with specific legislation. 3f) The owner of the products or goods forfeited or seized becomes a State. 3g)
3g) Act No. 219 / 2000 Coll., on the property of the Czech Republic and its presentation in legal relations, as amended. '
5. in Article 7b, paragraphs 6 to 13 are added, including footnotes 3h to 3k:
"(6) The Director of the Inspectorate shall determine that the products or goods seized or forfeited shall be destroyed or, if they are usable for humanitarian purposes, the Director of the Inspectorate may determine that they shall be provided for those purposes free of charge. Humanitarian purposes are activities carried out to ensure the basic needs of a population that is in a difficult living situation or has been affected by an emergency where the use of exceptional material resources is justified.
(7) Where the decision referred to in paragraph 5 is final and the Director of the Inspectorate has determined that the products or goods seized or forfeited will be destroyed, the destruction shall be carried out under the official supervision of a three-member commission appointed by the Director of the Inspectorate. The committee will write a report on the destruction, which will be signed by all three members of the committee. Destruction shall be carried out on the cargo of the controlled person who has offered, sold or stored the goods.
(8) Products or goods which have been forfeited or seized by a decision which has acquired legal authority may be granted for humanitarian purposes under the conditions laid down in this Act only to recipient organisations which may:
(a) the organisational components and contribution organisations of the State or local authorities established for the purpose of providing social care or in the field of health or education, 3h); or
(b) other legal persons, 3i) if they fulfil the following conditions:
1. have not been set up for business purposes;
2. their activity shall only be carried out in the areas referred to in point (a);
3. provide humanitarian aid for at least 2 years; and
4. Prove that they do not have tax arrears or arrears in respect of social security premiums and contributions to national employment policy and that they are not subject to legal proceedings.
(9) For humanitarian purposes, products or goods which are not disabled may be provided safely and from which the recipient organisation has been completely removed and destroyed by the elements infringing intellectual property rights. Each product or goods shall be marked with an unremovable colour with the inscription "humanities' in such a way that the dignity of the natural persons who will use such products is not reduced.
(10) The Czech Trade Inspection and Receiving Organisations shall conclude a written agreement on the provision of a product or goods for humanitarian purposes, 3j) which, in addition to the usual essential requirements, shall always include the type and quantity of products or goods provided and the provisions on the contractual penalty in the event of a breach of the obligation to supply the product or goods solely for humanitarian purposes and the specific purpose for which the receiving organisation shall apply them; the amendment of the contract may change that purpose, while complying with that law. Products or goods shall be provided to the receiving organisations according to the order of the requests received and taking into account the effectiveness of the use or urgency of the needs. The removal of elements infringing intellectual property rights, their destruction and the relevant marking referred to in paragraph 9 shall be carried out or ensured at the expense of the receiving organisation. The Protocol shall be drawn up by a three-member commission appointed by the Director of the Inspectorate whose members may be owners of intellectual property rights or their representatives. The minutes shall be signed by all three members of the committee.
(11) The receiving organisation shall:
(a) immediately remove and destroy the elements infringing intellectual property rights;
(b) use products or goods only for humanitarian purposes in the territory of the Czech Republic; and
(c) take measures to prevent the diversion of products or goods and their reintroduction into trade.
(12) The Czech Trade Inspection Office checks with the receiving organisation the fulfilment of the obligations laid down in this Act and the obligations to which the receiving organisation has contracted.
(13) The receiving organisation shall, for a period of 3 years from the time of the supply of products or goods, register and archive for inspection purposes, carried out by the Czech Trade Inspection Office, evidence of receipt of products or goods and of the removal and destruction of elements infringing intellectual property rights, and how they have been proven to have been handled. This provision is without prejudice to the provisions of specific legislation governing the registration and archiving of the documents provided for. 3k)
3h) For example, Act No. 114 / 1988 Coll., on the jurisdiction of the authorities of the Czech Republic in social security, as amended, Decree No. 182 / 1991 Coll., implementing the Act on Social Security and the Act of the Czech National Council on the competence of the institutions of the Czech Republic in social security, as amended, Act No. 109 / 2002 Coll., on the performance of constitutional education or protective education in educational establishments and on preventive educational care in educational establishments and on the amendment of other laws, Decree No. 242 / 1991 Coll., on the system of health facilities established by the county authorities and municipalities.
3i) For example, Act No. 248 / 1995 Coll., on public utility companies and amending and supplementing certain laws, as amended, Act No. 227 / 1997 Coll., on foundations and foundations, and amending and supplementing certain related laws (Law on foundations and funds), as amended, Act No. 210 / 2002 Coll., Act No. 83 / 1990 Coll., on bringing together citizens, as amended.
3j) § 51 of the Civil Code.
3k) For example, Act No. 563 / 1991 Coll., on Accounting, as amended, Act No. 337 / 1992 Coll., on Administration of Taxes and Fees, as amended. '
Footnotes 3f) and 3g) are renumbered as footnotes 3l) and 3m), including references to these footnotes.
6. In Paragraph 9, the following paragraph 2 is inserted after paragraph 1:
"(2) The Director of the Inspectorate shall impose a fine of up to CZK 1 000 000 on the receiving organisation which has infringed the obligations under § 7b (11) and (13)."
Paragraphs 2 to 5 shall be renumbered paragraphs 3 to 6.
7. In Article 9 (5), "1 to 3 'is replaced by" 1 to 4';
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. 64 / 2000 Coll., Act No. 145 / 2000 Coll., Act No. 258 / 2000 Coll., Act No. 102 / 2001 Coll., Act No. 452 / 2001 Coll., Act No. 477 / 2001 Coll., Act No. 151 / 2002 Coll., Act No. 320 / 2002 Coll., Act No. 227 / 2003 Coll., and Act No. 277 / 2003 Coll., is amended as follows:
1. The following Section 7b is inserted after Section 7a, including the title and footnote 7:
Prohibition of supply, sale and export of products or goods intended for humanitarian purposes
No one may offer, sell and export products or goods which have been intended for humanitarian purposes and which have been labelled "humanities" under specific legislation. 7)
7) § 7b of Act No. 64 / 1986 Coll., as amended. '
2. In Article 24 (1), the words "Article 7b 'shall be inserted after the words" Article 7a'.
EFFECTIVE
This Act shall take effect on the day of its publication.
Zaoralek v. r.
Klaus v. r.
Spindles v. r.
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Regulation Information
| Citation | Act No. 439 / 2003 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 | 19.12.2003 |
|---|---|
| Effective from | 19.12.2003 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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