Decree of the Federal Ministry of Finance, Ministry of Finance of the Czech Republic and Ministry of Finance of the Slovak Republic No. 580 / 1990 Coll.
Decree of the Federal Ministry of Finance, the Ministry of Finance of the Czech Republic and the Ministry of Finance of the Slovak Republic implementing Act No. 526 / 1990 Coll., on Prices
Valid
Effective from 01.01.1991
580
DECLARATION
Federal Ministry of Finance, Ministry of Finance of the Czech Republic and Ministry of Finance of the Slovak Republic
of 22 December 1990
implementing Act No. 526 / 1990 Coll., on Prices
The Federal Ministry of Finance, the Ministry of Finance of the Czech Republic and the Ministry of Finance of the Slovak Republic provide, pursuant to § 20 paragraph 1 of Act No. 526 / 1990 Coll., on Prices (hereinafter "the Act '):
(K § 2 (3) of the Act)
(1) An increase in the price of sales compared to the normal price of the same or comparable goods shall be considered as an undue economic benefit obtained by a price involving unjustified costs or a disproportionate profit.
(2) The provisions of paragraph 1 shall also apply to the difference between the purchase price and the sale price when the domestic or imported goods purchased are sold without change. This difference is considered to be the price of commercial or intermediary performance, even if it is not explicitly and separately negotiated.
(3) A substantial reduction in the purchase price compared to the normal cost of the acquisition of the same or comparable goods shall be considered as disproportionate economic benefits obtained by a price significantly below the eligible costs.
(K § 5 and 6 of the Act)
(1) For goods of the same use which differ from the type of goods with a maximum or fixed official price only by certain specified conditions, a higher price may be agreed at most or a lower price must be agreed at least by a difference in the economic eligible costs corresponding to these different specified conditions and a reasonable profit in relation to this change in conditions. For goods of the same use which differ from the type of goods with a minimum officially fixed price only by certain specified conditions, a lower price may be agreed at most or a higher price may be agreed at least by a difference in the economic eligible costs corresponding to these different specified conditions and a reasonable profit in relation to this change in conditions.
(2) For the purposes of price regulation by means of officially fixed prices or in-kind price guidance:
(a) the cost of acquiring the corresponding quantity of direct material, the wage and other personnel costs, the technologically necessary other direct and indirect costs and the costs of circulation shall be considered to be economic; the assessment of economic eligible costs is based on the long-term normal level of such costs in similar economic activities, taking into account the specificities of the goods in question,
(b) considers a reasonable profit to be a profit corresponding to the normal profit achieved in the long term in comparable economic activities, which ensures a reasonable return on the capital employed over a reasonable period of time.
(3) The provisions of paragraph 1 shall apply, in particular, if different conditions are determined as a unit of quantity, quality (class, choice), packaging, storage and transport parity.
(K § 8 of the Act)
(1) A seller in a dominant position which is exposed only to non-substantial competition pursuant to Article 8 (2) of the Act shall be considered to be a seller who provides for at least 30% of the sale of the same or comparable goods on the market of a particular type of goods during the calendar year.
(2) The seller, who has a monopoly or dominant position, shall declare the intended price increase in accordance with Article 8 (3) of the Act in writing to the price authority in a uniform manner in accordance with the Annex to this Decree.
(3) If the seller does not accede to an increase in the price declared under Paragraph 8 (3) of the Act or increases the price only partially by not exceeding the scope of the increase in the price fixed for the purposes of the reporting obligation, the declaration shall not be taken into account.
[Paragraph 11 (1) (d) of the Law]
(1) For the purposes of price regulations, the final consumer is a natural or legal person who purchases goods for purposes other than business. 1)
(2) The price records to which the seller is obliged to store shall contain information showing the name and / or type of goods to which the price relates, the price at which the goods are sold and the period during which they were sold at that price.
(3) Registration of prices of consumer goods sold to the final consumer is not required for changes in the prices of perishable goods when they occur during the day. In this case, only the starting price of the fresh goods shall be recorded.
(4) The calculation of the price retained for the purposes of price recording for prices subject to factual or temporal adjustment shall mean a calculation of the price which demonstrates compliance with the prescribed regulation.
(K § 13 of the Act)
(1) The seller is not obliged to submit a tender price list under Article 13 (1) of the Act if it is for goods sold under the specific requirements of the buyer. In such a case, the tender price list may be replaced by a price indication supplemented by specified conditions sufficient to clearly define the goods. Where the goods are assembled from ordinary parts or activities, the seller shall, upon request, submit the tender price list for those parts and activities.
(2) If the seller cannot, when selling to the final consumer under Paragraph 13 (2) of the Act, notify the seller of the price by a specific amount, he shall notify him of the price estimate. (1a)
(3) The indication of the price at the sale to the final consumer shall mean the fitting of the goods by indicating the price affixed visibly to the goods or in a way which excludes any substitution on the shelf, display case, display or publicly available price list, so that the buyer can be familiar with the price before the purchase of the goods.
(K § 14 of the Act)
(1) The price control shall begin on the date on which the official or personnel authorised by the price authority or the local authority or authority authorised by them (hereinafter referred to as the price control authority) to carry out the price control (hereinafter referred to as the control officer) provides the person authorised to act on behalf of the controlled body (hereinafter referred to as the authorised person) with the authorisation to carry out the price control.
(2) Infringement of the price regulation is demonstrated by the inspector in a protocol which he shall draw up after the inspection. The authorised person shall certify by his signature that he has been informed of the content of the Protocol and when he has taken over it.
(3) The authorised person shall submit a written statement to the Protocol indicating whether he or she agrees with the content of the Protocol and, if he or she does not agree, stating the reasons for the disagreement. In the event of disagreement between the authorised person, the inspector shall, within 15 days of the date of receipt of the written observations, draw up an addendum to the protocol giving his opinion. If the authorised person refuses to take over the Protocol or the Appendix to the Protocol (hereinafter referred to as the Protocol), he shall send it to him in his own hands with a call for written observations.
(4) If the beneficiary does not submit written observations to the Protocol notified within 15 days of its notification, this shall be deemed to be the agreement to the content of the Protocol.
(5) Where the beneficiary agrees to the content of the Protocol or in the case referred to in paragraph 4, a fine shall be imposed on the basis of the Protocol.
(K § 16 of the Act)
(1) The price control body shall, in the context of a special Regulation procedure (2), examine the protocol and objections of the authorised person transmitted by the controller, request the necessary additional opinions and take a decision. If a breach of the pricing rules has been confirmed under Article 15 of the Act, it shall impose a fine in the decision.
(2) The decision to impose a fine shall be notified by the price control authority to the authority which is the administrator of the budget to which the payment of the fine is due under the special rule. In addition, it shall publish a summary of such decisions in the Price Bulletin.
(K § 17 of the Act)
(1) The property benefit unduly obtained by the breach of price regulations (hereinafter referred to as the "undue margin") of the seller for the determination of the amount of the fine in the cases referred to in § 15 (1) (a) to (e) of the law shall be quantified as the difference between the sum of the prices actually paid by the buyer and the sum of the prices which should have been charged to the maximum in accordance with the decision under § 5 (2) and (3) of the law or § 6 (1) of the law or § 8 (4) of the law or § 9 (1) of the law, or which would comply with the conditions of price regulation.
(2) The undue advantage obtained by the purchaser for the determination of the amount of the fine in the case referred to in Article 15 (2) (a) of the Act shall be quantified as the difference between the sum of the prices that should have been at least charged under the decision on the basis of Article 5 (3) and (4) of the Law or which would have been in line with the conditions of price regulation and the sum of the prices actually paid to the seller.
(3) The basis for determining the amount of the fine to the purchaser in the case referred to in Article 15 (2) (b) of the Act is the difference between the sum of the prices actually paid by the buyer and the sum of the prices that should have been charged as a result of the decision pursuant to § 5 (2) and (3) of the Law or § 6 (1) of the Law or § 8 (4) of the Law or which would have been in line with the conditions of price regulation. This difference is not considered to be an unduly acquired property benefit and a fine may amount to a maximum of CZK 1 000 000.
(4) The wrongfully acquired property benefit of the seller who misuses his economic position under Article 15 (3) of the Act shall be calculated as the difference between the sum of the prices actually paid by the buyer and the sum of the prices which should have been charged to the maximum in accordance with Article 2 (3) and Article 16 (2) of the Law and Article 1 (1) of this Order.
(5) The undue acquisition of the property benefit of a buyer who misuses his economic position pursuant to Article 15 (3) of the Law shall be quantified as the difference between the sum of the prices which should have been at least charged pursuant to Articles 2 (3) and 16 (2) of the Law and Article 1 (3) of this Order and the total of the prices actually paid to the seller.
(6) The seller shall obtain the property benefit unduly on the date on which it is credited to the account, the date of delivery by post or, where appropriate, the date on which the cash is received by the beneficiary. The Purchaser shall obtain undue property benefits on the day on which the price was paid.
(7) The date on which the price control authority became aware of the breach of the price regulation shall be the date on which the controlled entity received the protocol.
(8) The inspector shall quantify the asset benefit unduly obtained. For its quantification, no compensation for positive and negative differences between the products checked is allowed.
(9) The undue acquisition of an asset which the seller or buyer himself finds and proves that it has been reimbursed to the person at whose expense it was obtained without delay before the start of the check, shall not be counted against the total amount of the fine.
Transitional and final provisions
(1) The price valid until 31 December 1990, which is also the price on the basis of the last declaration for the purposes of time-rectifying prices from 1 January 1991, shall be considered to include price changes in inputs including changes in the form of increases or reductions which may have been applied in 1990 in accordance with the special decisions of the price authorities.
(2) They are repealed.
(a) Decree of the Federal Price Office, the Czech Price Office and the Slovak Price Office No. V-5 / 87 on the price disadvantage of consumer and residential products not secured by spare parts, Price Gazette No. 52 / 1987, registered at 10 / 1988 Coll.,
(b) the scope of the Czech Price Office and the Slovak Price Office of 9.8.1982 No 1072 / 622 / 1982 on the application of prices for the sale of fruit and vegetables among citizens, Price Gazette of 36 / 1982, registered in the amount of 9 / 1987 Coll.,
(c) pricing and pricing decisions, issued or approved by the Federal Price Office, the Czech Price Office and the Slovak Price Office, the Federal Ministry of Finance, the Ministry of Finance of the Czech Republic and the Ministry of Finance of the Slovak Republic, the relevant national committees and delegated bodies and organisations before the entry into force of this Order, except for price measures and decisions which are used solely for price regulation purposes under a special decision issued pursuant to Article 10 of the legisla.4)
The Decree shall take effect on 1 January 1991.
Minister of Finance of the Czech and Slovak Federal Republic:
Ing. Klaus CSc.
Minister of Finance of the Czech Republic:
Ing. Spacek v. r.
Minister of Finance of the Slovak Republic:
Ing. Kováč CSc. v. r.
Attachment to the Order FMF, MF ČR and MF SR No. 580 / 1990 Coll.
1) § 2 of Act No. 513 / 1991 Coll., Commercial Code.
1a) § 636 of Act No. 40 / 1964 Coll., Civil Code, as amended.
2) Act No. 71 / 1967 Coll., on Administrative Procedure (Administrative Regulations).
3) For example, the scope of the FMF, MF ČR and MF SR No 015 / 90 on how to deal with the consequences of the change in the price of CZK on 15 October 1990 and the change in the price regulation regime of imports and the valuation of regulated items on 1 November 1990, the price list of 50 / 1990, the area of FMF No 8171 / XVI / 90, which, as a result of the changes in diesel and car gasoline prices, regulars the valuation of freight performance and irregular bus transport, the price list of the FMF, the MFSR No 019 / 90 on how to deal with the consequences of the change in the rate of CZK on 28 December 1990.
4) Dimensions FMF, MF ČR and MF SR No. 01 / 91, which issue a list of goods with regulated prices.
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Regulation Information
| Citation | Decree of the Federal Ministry of Finance, the Ministry of Finance of the Czech Republic and the Ministry of Finance of the Slovak Republic No. 580 / 1990 Coll., implementing Act No. 526 / 1990 Coll., on Prices |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 29.12.1990 |
|---|---|
| Effective from | 01.01.1991 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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