Decree No. 584 / 1990 Coll.

Decree of the Federal Ministry of Finance implementing Act No. 526 / 1990 Coll., on Prices, for Special Technology Prices

Valid Effective from 01.01.1991
584
DECLARATION
Federal Ministry of Finance
of 21 December 1990
implementing Act No. 526 / 1990 Coll., on prices, for special technology prices
The Federal Ministry of Finance provides, pursuant to § 20 (2) of Act No. 526 / 1990 Coll., on Prices ("the Act '):
§ 1
(K § 1 of the Act)
(1) The application, regulation and control of prices in the field of special technology prices applies to arms products and services of an arms nature, i.e. performance, licences, services and work carried out in the framework of research, development, production and repair (hereinafter referred to as "arms goods"). Price regulation applies to domestic arms goods sold domestically, price control also applies to prices of arms goods imported and arms goods intended for export.
(2) Unless otherwise provided for in this Order, the General Order also applies to arms prices. 1)
§ 2
(K § 2 (1) of the Act)
(1) For price purposes, military and security equipment classified in production fields 571 to 579,2 shall be considered as weapons goods) its maintenance and repairs classified in field 929 and activities listed in group of performances 987 9.
(2) The specified conditions for negotiating the prices of arms goods must include, in addition to the information contained in the law:
(a) the name of the goods under the applicable technical conditions or award;
(b) code number of the single classification concerned, 2)
(c) legal unit of measurement, 3)
(d) qualitative conditions according to Czechoslovak military standards, technical conditions and specific requirements of the buyer;
(e) the terms of delivery according to the specific requirements of the buyer expressed in the agreement, contract, technical conditions or Czechoslovak military standard.
§ 3
(K § 2 (2) of the Act)
For arms goods classified in the fields of military and security technology as referred to in Article 2 (1) of this Decree, a written form of the agreement on the price or the manner in which it will be created shall be required.
§ 4
(K § 2 (3) of the Act)
(1) A price involving a disproportionate profit shall be considered as the price for which the profit share is higher by 50% than the profit share normally achieved in the relevant production sector. This proportion of profit shall be calculated and assessed in relation to the processing costs and, where appropriate, the total own costs of the relevant production sector in the latter period prior to the price negotiation.
(2) Where there is no profit or loss in the relevant production sector, the acquisition is considered to be of disproportionate economic benefit at a price lower than the non-profit price or a price higher than that of the reported loss.
(3) The seller shall, upon request by the buyer, demonstrate the amount of profit in relation to the processing costs and, where appropriate, the full own cost of dealing with the price.
§ 5
(K § 5 (3) of the Act)
The prices for the use of vehicles and mechanising devices requested from legal and natural persons to defend the State pursuant to a special regulation (4) shall be determined by an area. 5)
§ 6
[K § 6 (1) (c) of the Act]
By binding procedure, the price of arms goods shall be established by offsetting the economic eligible costs of acquisition, processing, circulation of goods and profit, which may not exceed 30% of the processing costs in the calculation of the price (6). However, the price may not be higher than the applicable rate of conversion of the price of comparable goods on the foreign market or the price of comparable imports or exports.
§ 7
(K § 10 of the Act)
The list of arms goods with regulated prices shall be given by definition. 7)
§ 8
(Paragraph 11 (2) of the Act)
(1) From the price records of the arms goods held by the seller under Article 11 of the Act, the following data must be evident:
(a) the conditions laid down in Article 2 (2) of this Decree,
(b) price level and construction (turnover tax, price calculation, proof of payment).
(2) Sellers shall keep and keep records of the prices of arms goods for a period of 3 years after the price expires.
(3) The seller shall be required to indicate the documentation and records established for the purposes of price negotiations by the name "Armaments'.
§ 9
(K § 13 of the Act)
The prices of arms goods shall be shown exclusively in the tender arms goods. (8) Prices of arms goods may not be indicated in price lists together with those of other non-armed goods.
§ 10
(K § 20 of the Act)
(1) The Federal Ministry of Finance mandates the Federal Ministry of Defence, the Federal Ministry of Interior and the Federal Ministry of Transport - Railway Force Command to negotiate and control the prices of arms goods produced and sold within the undertakings and equipment entrusted by the authorities.
(2) The Federal Ministry of Finance gives its decisions in the form of notices in the field of arms goods prices.
§ 11
The processing and handling of all materials relating to research, development, price agreements, control, statistics and price records of arms goods shall be carried out in accordance with national, economic and professional secrecy legislation. 8)
§ 12
Transitional and final provisions
_
1. area No 0121 / 1990 on special technology prices,
2. the yield of SPK No 045745 / 85-II on price lists of special techniques,
3. the scope of SPK No 98666 / 89- II concerning price fixing in relation to special scientific and technical developments,
4. all price decisions in the field of special technology in force until 31 December 1990.
§ 13
This Decree shall take effect on 1 January 1991.
Minister:
Ing. Klaus CSc.
1) 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.
2) Decree of the Federal Statistical Office No 0668 / 90 on a specific part of the uniform classification of products and performances. Decree of the Federal Statistical Office No 0616 / 86-22 on the assignment of the organization of functions of gestors and co-gestors in the issue and maintenance of industry code lists of special techniques and No. 0183 / / 90 of 27.11.1990, branch 575, aircraft special, final version of the classification section.
3) Revenue from the Federal Statistical Office No 671 / 80-03 on uniform labelling and coding of measurement units and economic units, including the supplements published in the Central Statistical Authorities' Reports of 9 and 10 1985.
4) § 19 of Act No. 40 / 1961 Coll., on the Defence of the Czechoslovak Socialist Republic.
5) Dimension of FCU, ČÚ and SCÚ No 076 / 84 fixing tariffs for the provision of vehicles and mechanical equipment.
6) Decree of the Federal Ministry of Finance No. 21 / 1990 Coll., on the calculation.
7) The Federal Ministry of Finance No 01-ZZ / 91 issuing a list of arms goods at regulated prices.
8) Act No. 102 / 71 Coll., on the Protection of State Secrets, as amended by Act No. 383 / 1990 Coll.

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Regulation Information

CitationDecree of the Federal Ministry of Finance No. 584 / 1990 Coll., implementing Act No. 526 / 1990 Coll., on Prices, for Special Technology Prices
Regulation Type-
Author-
CollectionCode of Laws
Date of Promulgation29.12.1990
Effective from01.01.1991
Effective until-
Status Valid
The regulation text is for informational purposes only.
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