Act No. 91 / 2011 Coll.
Act amending Act No 311 / 2006 Coll., on Fuel and Gas Station and amending certain related laws (Fuel Act), as amended, and Act No 86 / 2002 Coll., on Air Protection and amending certain other laws (Air Protection Act), as amended
Valid
Effective from 21.04.2011
91
THE LAW
of 3 March 2011
amending Act No 311 / 2006 Coll., on fuel and petrol stations and amending certain related laws (Fuel Act), as amended, and Act No 86 / 2002 Coll., on air protection and amending certain other laws (Air Protection Act), as amended
Parliament has decided on this law of the Czech Republic:
Amendment of the Fuel Act
Act No 311 / 2006 Coll., on fuel and petrol stations and amending certain related laws (Fuel Act), as amended by Act No 575 / 2006 Coll., Act No 107 / 2007 Coll., Act No 227 / 2009 Coll., and Act No 281 / 2009 Coll., is amended as follows:
1. At the end of footnote 1, the sentence "Directive 2009 / 30 / EC of the European Parliament and of the Council of 23 April 2009 amending Directive 98 / 70 / EC as regards the specification of petrol, diesel and gas oils, the introduction of a mechanism for monitoring and reducing greenhouse gas emissions and Council Directive 1999 / 32 / EC as regards the specification of fuel used by inland waterway vessels and repealing Directive 93 / 12 / EEC is added. '.
2. in Article 1, the following point (c) is inserted after point (b):
"(c) registration of fuel distributors,"
Point (c) shall be renumbered (d).
3. In Article 2 (a), the words "or other fuel from renewable sources' shall be inserted after the words" biofuel '.
4. In Article 2, at the end of point (h), the dot is replaced by a comma and the following points (i) and (j) are added:
'(i) biofuel liquid or gaseous fuel intended for use in transport and produced from biomass;
j) a fuel distributor, a person who sells fuel on the territory of the Czech Republic, with the exception of the sale of fuel at a petrol station. "
5. In Article 3, the following paragraphs 2 and 3 are inserted after paragraph 1, including footnote 14:
"(2) A person who places motor gasoline or diesel into free circulation in the tax territory of the Czech Republic under the Consumer Taxation Act 14) for transport purposes or who supplies to the tax territory of the Czech Republic under the Consumer Taxation Act 14) for transport purposes of motor petrol or diesel, put into free tax circulation in another Member State of the European Union, is obliged to:
(a) ensure that the range of motor petrol sold to it also includes motor gasoline with an oxygen content of not more than 2,7 per cent by weight and an ethanol content of not more than 5 per cent by volume; and
(b) make available information on the biofuel content of petrol or diesel when selling motor petrol or diesel.
(3) The manufacturer, importer, exporter and distributor of fuel are required to indicate in the delivery notes, in the case of the supply of motor petrol or diesel fuel, the fuel content expressed in percentage volume.
14) Act No 353 / 2003 Coll., on excise duties, as amended. '
Paragraph 2 shall become paragraph 4.
7. In Paragraph 4 (1), the word "seller 'is replaced by the word" distributor'.
8. the following Sections 4a and 4b are inserted after Section 4, including the headings:
Registration of fuel distributors
(1) The fuel distributor is obliged to register with the customs office responsible for the place of residence or place of stay before commencing his activity. If the fuel distributor does not have a registered office or place of residence in the Czech Republic, the Customs office of Prague 1 is responsible locally. The model of the start-up notification and the model of the registration certificate shall be laid down in the implementing legislation.
(2) In the notice of commencement of business, the natural person shall indicate the name or, where applicable, the name, surname or business name, address of permanent residence, place of business and tax identification number, the address of residence in the territory of the Czech Republic, if any, if any, if any, if it is established, the address of the agent in the Czech Republic for delivery, if not the foreign person in the territory of the Czech Republic, if it is established, the tax identification number assigned abroad, if it has been allocated, the address of the agent in the Czech Republic for delivery, if the foreign person in the territory of the Czech Republic is not allowed to stay or the organisational component.
(3) In the start-up notice, the legal entity shall indicate the business name or name, registered office, tax identification number, the location of the organisational component of the enterprise in the Czech Republic, if it is established, the tax identification number allocated abroad, if allocated, the address of the domestic agent for delivery, if the foreign person does not have an organisational component in the Czech Republic.
(4) Where the start-up notification contains the data referred to in paragraph 2 or 3 and the fuel distributor holds the relevant trade authorisation, the customs office of registration shall carry out and issue a registration certificate to the fuel distributor.
(5) The fuel distributor shall notify the customs office which made the registration of any change to the data notified in accordance with paragraph 2 or 3 and the termination of his activity within 10 days of the date on which the change in the data or closure took place.
(6) The customs office shall delete a person from the register of fuel distributors if the fuel distributor ceases to operate.
(7) The fuel distributor and gas station operator are obliged to buy fuel only from the person registered in the fuel distributor register in the Czech Republic.
Register of fuel distributors
(1) The Directorate-General for Customs keeps a register of fuel distributors. The register of fuel distributors shall be a public register, shall be kept in electronic form and the data contained therein shall be published, except for the address of the permanent residence, the address of the residence, the registered residence and the agent with a foreign person, in a manner enabling remote access.
(2) The register of fuel distributors is to be entered in:
(a) the information specified in the start-up notice pursuant to § 4a (2) or (3);
(b) the date of registration;
(c) the change in the data entered in the register and the date of the change in the registration;
(d) the date of deletion of the registration. ';
9. In Section 5, the following paragraph 9 is added:
"(9) The service station operator shall:
(a) to ensure the marking of fuel dispensers by the trade name of the fuel sold or issued and by the number of the relevant Czech technical standard which determines the composition and quality of the fuel;
b) make information available at the service station
1. the quality of fuel sold or issued and their hazardous properties (15),
2. the biofuel content of the motor gasoline sold or issued and the possible use of each type of petrol sold or issued,
3. a biofuel content, in particular, of fatty acid methyl esters, in the diesel fuel sold or issued,
(c) ensure that, for each calendar day, evidence is kept of the quantities of fuel sold or issued, in which the state of the sum counter on a specified meter is recorded separately for each fuel dispenser under the Metrology Act; Such records shall be kept by the service station operator for a period of 3 years from the date of sale or supply of fuel; the service station operator is also obliged to ensure that, at the request of the authorities referred to in Section 7 (3), the records are presented without delay and that the state of the sum counter of the determined meter is activated in accordance with the Metrology Act;
(d) ensure at the service station at which motor petrol with an ethanol content of between 5 and 10 per cent volume is sold or issued, the designation of the relevant dispenser by reference to the ethanol content of the motor gasoline;
(e) ensure, at the service station on which fuels with metallic additives are sold or issued, the marking of the relevant fuel dispenser, containing the text "Contains metallic additives."; the mark shall be clearly written, clearly visible and easily legible; and
(f) ensure that at least 50% of the service stations of the total number of service stations it operates on which motor petrol is sold or issued are also sold or issued with a maximum oxygen content of 2,7% by weight and a maximum ethanol content of 5% by volume.
15) Act No. 356 / 2003 Coll., on Chemicals and Chemicals and amending certain laws, as amended. '
11. in Paragraph 6 (1), the second sentence is replaced by the following: "The records of service stations shall be kept in electronic form. The Ministry shall publish, in a way that allows remote access, a list of the service stations at which fuel is sold and containing the data referred to in paragraph 2 (c) and (d). Other data from the records of service stations are private. '
12. in Article 7 (2) (a), the word "dealer" shall be replaced by the word "distributor," the words "exporter" shall be inserted after the word "exporter," and the number "2" shall be replaced by "4."
13. in Article 7 (2) (b):
"(b) the fulfilment of obligations under Articles 3 (1) and (2), 5 (2), 5 (5), 5 (6) and (7) and 5 (9) (a), (b), (d) to (f)."
15. in Article 7, the following paragraphs 3 and 4 are inserted after paragraph 2:
"(3) The customs authorities shall check compliance with the obligations referred to in Articles 3 (3), 4a (1), (5) and (7) and 5 (9) (c).
(4) The Czech Trade Inspection Office publishes in a manner that allows remote access the final decisions of the Czech Trade Inspection Office concerning fuel service stations, fuel service stations, carriers and fuel distributors, where it has been established by inspection that the quality or composition of the fuel sold, issued or transported is not in conformity with this Act. "
Paragraphs 3 and 4 shall become paragraphs 5 and 6.
16. in Paragraph 9 (1), the word "or" shall be added at the end of point (c), at the end of point (d), the comma shall be replaced by a dot and points (e) to (i) shall be deleted;
17. in Paragraph 9 (2):
"(2) A legal or operating natural person as owner of a service station shall commit an administrative offence by not notifying, in breach of Article 6 (3) (a), before the service station is put into service, the data in the service station register referred to in Article 6 (2) (a), (b) or (c), or in breach of Article 6 (3) (b), or in breach of Article 6 (3) (b), or (c), the entry into service station into service station operation or the change in the service station register referred to in Article 6 (2) (a), (b) or (c). ';
18. In Article 9, paragraphs 3 to 10 are added:
"(3) A legal or business natural person as owner of a service station pursuant to Article 5 (1) (b) shall commit an administrative offence by not ensuring, contrary to Article 5 (8), that its operation does not endanger the life or health of persons, their property or the environment.
(4) The gas station operator commits an administrative offence by:
(a) in contravention of Article 5 (5), filling mobile pressure vessels with liquefied petroleum gases and, where appropriate, filling them;
(b) it does not ensure the designation of fuel dispensers in accordance with Article 5 (9) (a) or it does not provide at the service station on which engine petrol with an ethanol content of between 5 and 10 per cent vol., the designation of the relevant dispenser by reference to the ethanol content of motor petrol referred to in Article 5 (9) (d),
(c) not make the information referred to in Article 5 (9) (b) available at the service station;
(d) in contravention of Article 5 (9) (c), it shall not ensure that the stock register of each of the dispensing stands is maintained or maintained for a period of 3 years from the date of sale or issue of fuel or that it does not ensure that it is presented and generated by the unit count of the dispenser;
(e) as an operator of a service station on which motor gasoline is sold or issued and is not unserviceable, it shall not ensure the sale or supply of additives or unleaded petrol containing those additives pursuant to Article 5 (6);
(f) as an operator of a service station on which metallic additives are sold or issued, it shall not ensure the marking of the relevant fuel dispenser by the mark referred to in Article 5 (9) (e); or
(g) it does not provide for the sale or supply of motor petrol containing oxygen and ethanol as referred to in Article 5 (9) (f) at the service stations it operates.
(5) A legal or commercial natural person as a person referred to in Paragraph 3 (2) shall commit an administrative offence by:
(a) does not ensure the sale of motor petrol in the range referred to in Article 3 (2) (a); or
(b) not make available information on the biofuel content of petrol or diesel as referred to in Article 3 (2) (b) when selling petrol or diesel.
(6) The manufacturer, importer, exporter or distributor of fuel is guilty of an administrative offence by not showing, in contravention of Paragraph 3 (3), in the case of the supply of motor petrol or diesel fuel, the fuel content expressed as a percentage of volume.
(7) The manufacturer, importer, exporter or distributor of fuel or the service station operator shall commit an administrative offence by not submitting the summary report referred to in Article 4 (1).
(8) The fuel distributor commits an administrative offence by:
(a) carry out its activity without registration; or
(b) in contravention of Paragraph 4a (5), it shall not notify the change of the reported data or the cessation of its activity.
(9) The fuel distributor or gas station operator shall commit an administrative offence by purchasing fuel from a person who is not registered in the fuel distributor register, contrary to § 4a (7).
(10) A fine shall be imposed for the administrative offence:
(a) 20 000 000 CZK if it is an administrative offence as referred to in paragraph 1 (a), paragraph 3 or paragraph 5 (a);
(b) 5 000 000 CZK, if the administrative offence referred to in paragraph 1 (b), (c) or (d), paragraph 4 (d) or (g), paragraph 8 (a) or paragraph 9,
(c) 3 000 000 CZK if it is an administrative offence pursuant to paragraph 2, paragraph 4 (a), (b) or (f), paragraph 5 (b), paragraph 6 or paragraph 8 (b),
(d) 1 000 000 CZK, if it is an administrative offence pursuant to paragraph 4 (c) or (e) or paragraph 7. "
24. in § 10 (4) (a), the words "and § 9 (1) (a) to (f) and (i)" shall be replaced by the words "§ 9 (1) (a) to (d), § 9 (3) and paragraph 4 (a), (b), (c) and (e) to (g) and § 9 (5)";
26. in Article 10 (4) (b), "§ 9 (1) (g) and (h)" is replaced by "§ 9 (2) and (7)";
27. In Article 10, at the end of paragraph 4, the dot is replaced by a comma and the following point (c) is added:
"(c) the customs office where the administrative offence is referred to in Articles 9 (4) (d), 9 (6), 9 (8) and 9."
28. In Article 11, "paragraph 2 'is replaced by" paragraph 4' and "paragraph 3 'is replaced by" paragraph 5'.
29. In Article 11, the current text becomes paragraph 1 and the following paragraph 2 is added:
"(2) The Ministry of Finance shall issue a decree implementing Paragraph 4a (1)."
Transitional provision
Fuel distributors who started their activities before the date of entry into force of this Act shall be required to submit an initial notification pursuant to Article 4a of Act No 311 / 2006 Coll., as effective from the date of entry into force of this Act, within 30 days of the date of entry into force of this Act.
EFFECTIVE
This Law shall take effect on the 15th day following its publication, with the exception of the provisions of:
(a) Article I (9) as regards the provisions of Article 5 (9) (c), which shall take effect on 1 July 2011; and
(b) points 6, 10, 14, 19 to 23 and 25 of Article I shall take effect on 1 January 2019.
Germany
Klaus v. r.
Nausea v. r.
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Regulation Information
| Citation | Act No. 91 / 2011 Coll., amending Act No. 311 / 2006 Coll., on fuel and petrol stations and amending certain related laws (Fuel Act), as amended, and Act No. 86 / 2002 Coll., on air protection and amending certain other laws (Air Protection Act), as amended |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 06.04.2011 |
|---|---|
| Effective from | 21.04.2011 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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