Act No. 526 / 1990 Coll.
Price Act
Valid
Effective from 01.01.1991
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526
THE LAW
of 27 November 1990
on prices
The Federal Assembly of the Czech and Slovak Federal Republic decided on this law:
GENERAL PROVISIONS
Subject matter
(1) This law implements 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.
(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 over a long period of time in comparable economic activities which ensures a reasonable return on the capital employed over a reasonable period of time.
(3) The procedure under this law also applies to transfers of rights and also to transfers and transfers of ownership of real estate, including real estate rights.
(4) The Act does not apply to remuneration, remuneration, fees, compensation for damages and costs and interest, as provided for in specific regulations.
(5) An undue asset benefit under this Act will be acquired by:
(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.
(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.
Application of the price
(1) The price applies 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.
(2) A price agreement is an agreement on the amount of the price or the way in which the price will be created, provided that this method determines the price sufficiently. The price agreement also arises by paying the buyer a price equal to the amount requested by the seller immediately before the receipt or after the receipt of the goods.
(3) Neither the seller nor the buyer may abuse its more favourable economic position in order to obtain disproportionate assets.
(4) The seller or buyer who applies prices on the market shall have a more favourable economic position as referred to in paragraph 3 without being exposed to significant price competition. The economic position of the seller or buyer shall be assessed in particular by reference to the volume of goods sold or purchased, economic and financial strength and legal or other barriers to entry into the market.
(5) The provisions of paragraphs 3 and 4 shall also apply to the price of commercial or intermediary output, even if it is not separately negotiated.
REGULATION CEN
(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) when required by European Union rules; or
(d) 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 cancellation of a price notice or part thereof under the Administrative Rules of Procedure may be made no later than three months from the date on which the price notice became effective.
Methods of price regulation
(1) The methods of regulating prices under this law are:
(a) fixing prices (hereinafter referred to as "official prices");
(b) directing price developments following material conditions (hereinafter referred to as "price adjustments");
(c) price moratorium.
(2) The methods of price regulation can be effectively combined.
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 the 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.
Price moratorium
(1) A price moratorium means a time-limited prohibition on price increases above the level still in force on the market for the goods in question.
(2) The price moratorium is determined by the government's price range.
(3) A price moratorium may be set for a maximum period of 12 months.
(4) This method of price regulation applies to all sellers of a specified type of goods.
Publication of price statements
(1) It publishes
(a) Government, Ministry of Finance, 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.
Price schedule
The Ministry of Finance issues the Price List.
PRICE EVIDENCE AND PRICE INFORMATION
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, a free bid list containing the prices of the goods offered in relation to the specified conditions in the case of goods subject to price regulation.
(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."
PRICE CONTROL
(1) The staff of the price authorities shall, in carrying out their inspection activities, be shown by delegation issued in the form of a licence 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.
(2) The price control consists of:
(a) in determining whether the seller or buyer does not infringe the provisions of this law and the price regulations;
(b) in verifying the accuracy of the supporting documents submitted for the purposes of assessing price developments, price regulation and infringement procedures;
(c) in monitoring compliance with the measures imposed to remedy,
(d) in determining whether the payment service provider does not infringe the provisions of the payment law relating to the amount of payment for services provided under the basic payment account.
(3) If a check gives rise to a suspicion that the person checked has received an excessive asset benefit that can be quantified, the inspector shall indicate it in the price control report. For its quantification, no compensation for positive and negative differences between controlled goods is permitted. Where the seller or buyer has obtained a disproportionate asset benefit, which itself finds and proves that it has been repaid immediately before the start of the check to the person at whose expense it was acquired, it shall not be included in the calculation of the disproportionate asset benefit referred to in the Protocol.
(4) Prior to the initiation of the price control, the evidence necessary for the infringement proceedings may be provided for in retail and services, even without the presence of a controlled person or a person authorised to act on behalf of a controlled person, with the participation of persons providing the sale of goods or the provision of services. Such evidence and the course of price control may be made by the price authorities using sound and visual records.
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 the individual enforcement fine must not exceed CZK 1 000 000.
TRANSFERS
Transfers of natural, legal and business natural persons
(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 Article 13 (1) when selling goods.
(2) A natural, legal or business natural person, as a seller or buyer, commits an offence by:
(a) if the sale or purchase of goods fails to comply with the specified conditions agreed pursuant to Article 2 (1);
(b) in contravention of Paragraph 2 (3), abuse its economic status; or
(c) does not provide, free of charge, the information or background referred to in Article 12 (1) to the price authority or provide false information.
(3) A legal or business natural person commits an offence as a buyer by:
(a) purchase of goods at a price which does not comply with the price officially determined in accordance with Article 5 (1); or
(b) purchase of goods from resources provided to it by the State budget at a price higher than the price regulated under § 5 or 6.
(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 laid down in paragraphs 2 to 11 of Paragraph 13 when marking goods at prices.
(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.
(6) The undue asset benefit referred to in points (c) and (d) of paragraph 5 includes all taxes, fees and other similar cash transactions included in the price.
Common provisions on infringements
(1) An infringement under this law is dealt with by a price authority whose jurisdiction is to exercise a price check of compliance, the infringement of which fulfils the facts of the infringement under this law.
(2) The infringement referred to in Article 16 (2) (c) of this Act will be dealt with by the price authority which requested the relevant price information.
(3) The Office for the Protection of Competition, the Czech Trade Inspection and the Czech Office for the Testing of Weapons and Ammunition collect the fine they have imposed.
List of price controls carried out and final decisions
(1) By 30 April each year, the Ministry of Finance shall publish on its website a list of price controls carried out and final decisions on infringements under this Act for the preceding calendar year, indicating the name or name of the person checked or the perpetrator of the infringement, unless the infringement procedure has been preceded by a price check, the addresses of their registered office or place of business and the identification number, where such persons have been allocated, the amount of the fine and the provisions of the price law which were infringed.
(2) The price authorities shall transmit the supporting documents for the list of price controls carried out and final decisions referred to in paragraph 1 to the Ministry of Finance for publication no later than 30 days after the end of the relevant calendar year.
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Regulation Information
| Citation | Act No. 526 / 1990 Coll., on Prices |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 21.12.1990 |
|---|---|
| Effective from | 01.01.1991 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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