Act No. 48 / 2020 Coll.
Act amending Act No. 311 / 2006 Coll., on Fuel and Fuel Petrol Stations and amending certain related laws (Fuel Act), as amended
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Effective from 01.04.2020
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48
THE LAW
of 29 January 2020
amending Act No 311 / 2006 Coll., on Fuel and Fuel Petrol Stations and amending certain related laws (Fuel Act), as amended
Parliament has decided on this law of the Czech Republic:
Act No. 311 / 2006 Coll., on fuel and petrol stations and on the amendment of certain related laws (Fuel Act), as amended by Act No. 575 / 2006 Coll., Act No. 107 / 2007 Coll., Act No. 227 / 2009 Coll., Act No. 281 / 2009 Coll., Act No. 91 / 2011 Coll., Act No. 18 / 2012 Coll., Act No. 234 / 2013 Coll., found by the Constitutional Court, Dec. No. 130 / 2014 Coll., Act No. 157 / 2015 Coll. and Act No. 152 / 2017 Coll., is amended as follows:
1. In footnote 1, the text "No 'is deleted and at the end of the footnote the sentence" Directive (EU) 2015 / 1513 of the European Parliament and of the Council of 9 September 2015 amending Directive 98 / 70 / EC on the quality of petrol and diesel fuels and Directive 2009 / 28 / EC on the promotion of the use of energy from renewable sources' is added to the separate line.
2. In Article 1 (1) (d), the words "and units of output 'shall be inserted after the words" stations'.
3. In Section 2, at the end of the text in point (a), the words "; fuel is not liquid additives which are a mandatory substance necessary for the operation of a vehicle or a special vehicle and are complementary to fuel '.
4. In Article 2 (b), "biomethane 'is replaced by" biomethane';
5. In Article 2 (f), the word "which 'is replaced by" which', after the word "matter ', the word" only' and the words "for own use only, free charge of the electric vehicle by electricity or free exchange of its battery 'are deleted.
6. in Article 2 (g):
"(g) issue
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. free charging of the electric vehicle with electricity or free replacement of its battery, ';
7. In Paragraph 2 (l):
"(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, '.
8. In Article 2 (m), the words "fuel supply 'are deleted.
9. In Article 2 (n), the words "one or more rechargeable points' are replaced by the words" a compact device equipped with one or more rechargeable points having the same owner as that device '.
10. in § 2 (p), the words "normal charging station of the charging station," shall be replaced by "normal charging point of the charging point, which."
11. in § 2 (q), the words "high performance charging station," shall be replaced by "high performance charging point,"
12. in Article 2, at the end of point (r), the dot is replaced by a comma and the following points (s) to (u) are added:
"(s) the unit of issue of the construction or installation of which fuel is only issued and which includes one or more storage tanks for the 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 operator of the recharging station, the person who ensures the operation of the recharging station for the purpose of recharging electric vehicles. ';
13. In Article 5, at the end of paragraph 2, the words "and in cases referred to in 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 'shall be added.
14. in Article 5 (3), the words "and at the end of the paragraph" shall be inserted after the word "station," and the words "and the sampling of fuel composition and quality shall be added."
15. in Article 5 (4), the words "in which" shall be replaced by "from which."
16. in Article 5 (6), "Owner" is replaced by "Operator."
17. in Article 5 (7) (c), the words "the authorities referred to in Article 7 (3) have been registered without delay" shall be replaced by the words "the customs office has been registered without undue delay."
18. in Article 5 (7) (d) and (e), the words "to which" shall be replaced by "from which."
19. At the end of Paragraph 5 (7) (d), "a 'is deleted.
20. In Article 5, at the end of paragraph 7, the dot is replaced by "a 'and the following point (f) is added:
"(f) to ensure, at the service station from which liquefied petroleum gas is sold or issued, the designation of the dispensers of liquefied petroleum gas of the information" the filling of gas into mobile pressure vessels is prohibited. "
21. in Article 5, the following paragraph 8 is added:
"(8) 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 jeopardised by the operation of the supply unit in accordance with the requirements laid down in specific legislation5. ';
22. In Paragraph 5a (1) of the Introductory Part of the provision, the words "and the service station operator is obliged 'are replaced by the words" the service station operator and the owner of the supply unit are obliged'.
23. in Article 5a (1) (b), the words "or liquefied" or "shall be replaced by" including biomethane, "shall be inserted after the words" or liquefied. "
24. In Paragraph 5a, at the end of paragraph 1, the dot is replaced by a comma and the following points (d) to (f) are added:
"(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).
19) For example Act No. 219 / 2000 Coll., on the property of the Czech Republic and its presentation in legal relations, as amended. "
25. in Paragraph 5a (2):
"(2) The purchase of fuel, with the exception of electricity and compressed or liquefied natural gas, including biomethane, is 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 owner of the vehicle, machine or equipment in connection with the hire of the vehicle, machine or equipment, at the exclusive cost of buying it. "
26. In Section 6, the words "and unit of issue 'are added.
27. in the first sentence of Article 6 (1), the first sentence of the second sentence of the first sentence of the second sentence of the last sentence and in the last sentence of the last sentence the words "and the units of delivery" shall be inserted after the words "and the units of delivery" and in the third sentence the words "(c) and (e) to (g)" shall be replaced by the words "(b), (c) and (e) to (g), and in paragraph 5 (b) to (f)."
28. in Article 6 (2) of the introductory part of the provision, the words "and rechargeable" shall be deleted;
29. in Article 6 (2) (a), (d) and (g), the words "or rechargeable" shall be deleted;
30. in Article 6 (2) (a) (2), "place of business" is replaced by "seat."
31. in Article 6 (2) (b) and (c):
"(b) a brief description of the service station,
(c) the address of the service station, if assigned, and its geographical coordinates in the World Geodetic System 1984 (WGS84), ';
32. in Article 6 (2) (d), the words "about it" and the words "or not" shall be inserted after the words "entry";
33. in Article 6 (2), the following point (f) is inserted after point (e):
"(f) the designation under which the service station is operated, and ';
Points (f) and (g) shall be renumbered as points (g) and (h).
34. in Article 6 (2), point (g) is deleted;
Point (h) shall be renumbered as point (g).
35. in Article 6 (3) (a) and (b), the text "(e)" is replaced by "(f)."
36. in Article 6, paragraph 4 is deleted;
Paragraph 5 shall become paragraph 4.
37. In Article 6, paragraphs 5 to 8 are added:
"(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) the designation under which the recharging station is operated; and
(f) 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) before the recharging station is put into service, the data referred to in paragraph 5 (a) to (e); and
(b) without undue delay, the putting into service or termination of service of the recharging station and any change in the data referred to in paragraph 5 (a) to (e).
(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 unit and any change in the data referred to in paragraph 7 (a) to (d). "
38. The heading above the designation § 6e is deleted.
39. In Section 6, the word "duty 'is replaced by" and other obligations'.
40. In Article 6, paragraphs 4 and 5 are added:
"(4) The provisions on the fuel distributor's notification obligation shall apply mutatis mutandis in the case of sales of fuel by the insolvency administrator following the declaration of bankruptcy of the fuel distributor.
(5) The fuel distributor, which is the fuel operator of the filling station, must ensure that evidence of the quantities of fuel sold or issued is kept for each calendar day. that record shall be kept by the fuel distributor for a period of 3 years from the date of sale or supply of fuel; the fuel distributor shall also ensure that, at the request of the customs office, the registration is presented without undue delay. ';
41. In the heading § 6q, the words "and charging point 'are added.
42.In Paragraph 6q (2):
"(2) The rechargeable station operator equipped with a normal rechargeable point shall ensure that each normal rechargeable point within the rechargeable station operated by it complies with the requirements laid down by the specific legislation governing the technical requirements for construction16) and the Czech technical standard governing the technical requirements for charging electric vehicles by conducting connections and requirements for dimensional compatibility and interchangeability for apparatus with pins and tubes for alternating current 17). In the case of charging stations equipped with normal charging points which have been put into service or renewed before 18 November 2017 and in the case of wireless or inductive units, the first sentence shall not apply. ';
43.In § 6q (3):
"(3) A rechargeable station operator equipped with a high-performance rechargeable point shall ensure that the rechargeable station operated by it contains at least one high-performance rechargeable point meeting the requirements laid down in the specific legislation governing the technical requirements for construction16) and all high-performance rechargeable points within the rechargeable station operated by it meet the requirements laid down by the Czech technical standards governing the technical requirements for charging of electric vehicles by conducting a conductive connection and the requirements for dimensional compatibility and interchangeability for tools with AC pins and sinks and DC current 18). In the case of charging stations equipped with high performance charging points that have been put into service or renewed before 18 November 2017 and in the case of wireless or inductive units, the first sentence shall not apply. ';
44. In Section 6q, paragraphs 6 to 8 are added, including footnote 20:
"(6) The rechargeable station operator is required to provide telephone contact at the rechargeable station in case of problems arising from the recharging of the vehicle.
(7) The operator of the recharging station shall submit to the Ministry, by 28 February each year, data on the amount of electricity consumed for recharging of vehicles in its operated recharging stations in the previous calendar year. The transmission procedure shall be laid down in the implementing legislation.
(8) The operator of a publicly available recharging station shall, within 30 days of the entry into service of the publicly available recharging station, transmit data related to the deployment of smart transport systems 20), in particular the means of identification or authorisation of electrical vehicle operators for recharging at the recharging station and the payment methods available at the recharging station. The Ministry of Transport shall publish these data in a way that allows remote access. The transmission and publication of data shall be governed by implementing legislation.
20) Directive 2010 / 40 / EU of the European Parliament and of the Council of 7 July 2010 on the framework for the introduction of intelligent transport systems in the field of road transport and for interfaces with other modes of transport. '
45. The heading above the designation of Section 7 is deleted.
46. in Article 7 (1) (a), the words "and the units of output" shall be inserted after the words "stations."
47. In Article 7, at the end of paragraph 1, the dot is replaced by "a 'and the following point (c) is added:
"(c) checks the performance of the obligations under Articles 4 (1), 6 (3), 6 and 8 and 6q (7)."
48. in Paragraph 7 (2) (a), the words "and, for the service station operator," shall be replaced by the words "the service station operator and the owner of the supply unit."
49. in Article 7 (2) (b), "and (e)" shall be replaced by "(e) and (f)" and "and 5," shall be replaced by "up to 6 a."
50. in Article 7 (2) (c), the words "Article 5 (8) (c)" shall be inserted after the words "and 6";
51. in Article 7 (3), "§ 5a" is replaced by "§ 5 (8) (a) and (b), § 5a and § 6ka (5)."
52. in Article 7, the following paragraph 6 is added:
"(6) The Ministry of Transport controls compliance with the obligations laid down in § 6q (8)."
53. The title above the title of Section 8 reads:
"Defeats."
54.
(1) The transfer shall be made by the person who:
(a) sell or issue fuel, with the exception of electricity which does not meet the requirements for fuel referred to in Article 3 (1);
(b) place fuel in the storage tank at the fuel pump, except for electricity which does not meet the fuel requirements of Article 3 (1);
(c) in contravention of Paragraph 5 (3), fill a mobile pressure vessel with liquefied petroleum gas at a petrol station or at the dispensing unit; or
(d) sell or issue leaded motor gasoline or use it to drive an engine of a vehicle contrary to § 5 (5).
(2) A natural person, legal or business, commits an offence by:
(a) sell or issue fuel, except electricity, in breach of Article 5 (1); or
(b) purchase fuel, except electricity and compressed or liquefied natural gas, including biomethane, contrary to § 5a (2).
(3) A fine may be imposed for an offence
(a) up to 20 000 000 CZK if the offence referred to in paragraph 2 is committed,
(b) up to 5 000 000 CZK if the offence referred to in paragraph 1 (a), (b) or (d) is committed; or
(c) up to 50 000 CZK if the offence referred to in paragraph 1 (c) is committed.
(1) A legal or operating natural person, as a person referred to in Article 3 (2), commits an offence by failing to disclose information pursuant to Article 3 (2) when selling petrol or diesel fuels.
(2) The fuel distributor commits an infringement by carrying out its activity without registration.
(3) The fuel distributor, which is the fuel operator of the filling station, commits an offence by failing to keep records of quantities sold or issued for a given period of time or to ensure that it is presented to the customs office, contrary to Paragraph 6 (5).
(4) The manufacturer, importer, exporter or distributor of fuel shall commit an offence by not indicating in the delivery notes the fuel content of biofuels in contravention of Paragraph 3 (3).
(5) The fuel distributor, the gas station operator or the owner of the supply unit is guilty of an offence by purchasing fuel contrary to § 5a (1).
(6) The gas station operator commits an infringement by:
(a) not to transmit to the Ministry a summary report pursuant to Article 4 (1);
(b) in contravention of Article 5 (3), filling mobile pressure vessels with liquefied petroleum gases or filling them with liquefied petroleum gases, or not ensuring the marking of liquefied petroleum gas dispensers pursuant to Article 5 (7) (f);
(c) does not ensure the sale or supply of additives or unleaded petrol containing those additives pursuant to Article 5 (4);
(d) in contravention of Article 5 (6), ensure that the operation of a service station does not endanger the life or health of persons, their property or the environment;
(e) does not ensure the marking of fuel dispensers in accordance with Article 5 (7) (a), (d) or (e);
(f) not make the information referred to in Article 5 (7) (b) available at the service station; or
(g) in contravention of Article 5 (7) (c), it shall not ensure the keeping of records of the total counter state, it shall not retain such records for a specified period of time, it shall not ensure its presentation to the customs office or the establishment of the total counter state.
(7) The owner of the gas station commits an offence by not notifying the Ministry
(a) before the service station is put into service, the data in the service station register referred to in Article 6 (3) (a); or
(b) without undue delay, the entry into service station into service, the cessation of service station operation or the change of the data entered in the service station register pursuant to Article 6 (3) (b).
(8) The owner of the unit of issue commits an infringement by:
(a) in contravention of Article 5 (3), filling mobile pressure vessels with liquefied petroleum gases or enabling them to be filled;
(b) in contravention of Article 5 (8) (a), it shall not provide the supply unit with a measuring device or a distribution hose;
(c) in contravention of Article 5 (8) (b), it shall not maintain or ensure the presentation to customs a record of the quantities of fuel issued, divided into free and refundable transfers of fuel,
(d) in contravention of Article 5 (8) (c), ensure that the operation of the unit does not endanger the life or health of persons, their property or the environment in accordance with the requirements laid down in specific legislation5);
(e) not notify the Ministry of the data in the account of the units referred to in Article 6 (8) (a) before the unit of issue is put into service; or
(f) they shall not notify the Ministry without undue delay of the entry into service of the unit, the termination of the operation of the unit or the change in the data entered in the records of the units referred to in Article 6 (8) (b).
(9) A fine may be imposed for an offence
(a) up to 20 000 000 CZK if the offence referred to in paragraph 2 or 5 is committed,
(b) up to 5 000 000 CZK if the offence referred to in paragraph 3, paragraph 6 (d) or (g) or paragraph 8 (b), (c) or (d) is committed;
(c) up to CZK 3 000 000, if it is an offence referred to in paragraphs 1 or 4, paragraph 6 (b) or (e), paragraph 7 or paragraph 8 (a), (e) or (f); or
(d) up to 1 000 000 CZK if the offence referred to in paragraph 6 (a), (c) or (f) is committed.
(10) For the offence referred to in paragraph 5, the fuel distributor and the service station operator may, together with the fine, impose a prohibition of activity for a maximum period of 2 years. ';
footnote 13 is deleted.
55. the following Section 9a is inserted after Section 9:
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Regulation Information
| Citation | Act No. 48 / 2020 Coll., amending Act No. 311 / 2006 Coll., on Fuel and Fuel Petrol Stations and amending certain related laws (Fuel Act), as amended |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 26.02.2020 |
|---|---|
| Effective from | 01.04.2020 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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