Act No. 94 / 2004 Coll.
Act amending Act No. 477 / 2001 Coll. on packaging and amending certain laws (Law on packaging), as amended, Act No. 110 / 1997 Coll., on food and tobacco products and amending and supplementing certain related laws, as amended, and Act No. 146 / 2002 Coll., on State Agricultural and Food Inspection and on the amendment of certain related laws, as amended
Valid
Effective from 03.03.2004
94
THE LAW
of 29 January 2004
amending Act No. 477 / 2001 Coll., on packaging and amending certain laws (Law on packaging), as amended, Act No. 110 / 1997 Coll., on food and tobacco products and amending and supplementing certain related laws, as amended, and Act No. 146 / 2002 Coll., on State Agricultural and Food Inspection and on the amendment of certain related laws, as amended
Parliament has decided on this law of the Czech Republic:
Amendment to the Packaging Act
Act No. 477 / 2001 Coll., on Packaging and on the Amendment of Certain Acts (Law on Packaging), as amended by Act No. 274 / 2003 Coll., is amended as follows:
1. in Paragraph 2 (a):
"(a) a packaging of a product made of any material of any nature and intended to contain, protect, manipulate, supply or, where appropriate, presentation of a product or products intended for the consumer or other end user, provided that it has at the same time:
1. at the point of purchase, constitute a sales unit for the consumer or other end-user (consumer packaging),
2. at the point of purchase, form a group of a certain number of sales units, whether sold to the consumer or to another end user, or serve only as an aid for placing in shelves at the point of sale and may be removed from the product without affecting its characteristics (hereinafter referred to as "group packaging"); or
3. facilitate the handling of certain quantities of sales units or group packaging and facilitate their transport in such a way as to avoid physical damage during handling and transport ("transport packaging"); ';
2. In Article 2, the words "except for inward processing or temporary importation procedure 7) shall be added at the end of point (d), in the event that, after the completion of this procedure, packaging or packaged products from the Czech Republic are exported in full abroad '.
3. in Article 2 (f):
"(f) the importation of packaging or packaged product for free circulation, inward processing, temporary importation or processing under customs control; 7) ';
4. In Article 2, at the end of point (i), the dot is replaced by a comma and the following points (j), (k) and (l) are added:
"(j) another end-user engaged in a natural or legal person buying packaging or packaged products for his business activity and not putting them into circulation;
(k) an industrial packaging intended solely for packaging of a product intended exclusively for another end-user;
(l) the packaging is a product from which the packaging is consumer, group packaging or packaging is directly produced or which is part of a packaging consisting of several parts. "
5. In Article 4 (1), in the introductory part of the text, the words "or 'are replaced by a comma and the words" or packaging' are inserted after the words "packaged product '.
6. in Article 4 (1) (a), (b) and (c), the word "packaging" shall be replaced by the words "packaging"; the word "packaging" shall be replaced by "packaging or packaging."
7. Paragraph 4 (3) reads as follows:
"(3) The person who places the packaging or the packaging on the market shall notify the excess of the values referred to in paragraph 1 (b). The method of evaluation of the concentration of the substances referred to in paragraph 1 (a) and (b) in the packaging and the extent of the notification requirement for exceeding the value referred to in paragraph 1 (b) shall be laid down in the implementing legislation. '.
8.
(1) The person who places the packaging on the market must:
(a) submit to the inspection authorities, upon request, the technical documentation necessary to demonstrate compliance with the obligations set out in paragraphs 3 and 4, with the information referred to in paragraph 2 (b) replacing, for inspection purposes, the documentation to demonstrate compliance with the obligations set out in paragraph 4,
(b) provide evidence to its customers that the packaging complies with the requirements set out in Sections 3 and 4.
(2) The person who places the device on the market shall:
(a) submit to the inspection authorities, on request, the technical documentation necessary to demonstrate compliance with the obligations laid down in Article 4;
(b) provide evidence to its customers that the packaging product complies with the requirements laid down in Article 4. ';
9. Article 11 shall be deleted, including the title.
10. In Article 12, the current text becomes paragraph 1 and the following paragraph 2 is added:
"(2) (1) the obligation referred to in paragraph 1 shall apply at least to the extent set out in column B of Annex 3 to this law."
11. in Article 14 (2), 'four' is replaced by 'two';
12. in Article 14 (3) (a), the words "permanent residence" shall be replaced by the words "residence address," after the words "identification number," the words "if assigned," and the words "officially certified copy of the trade mark" shall be replaced by the words "officially certified copy of the business permit, such as the trade mark."
13. in Article 14 (3) (b), the words "if assigned" shall be inserted after the words "if assigned," and at the end of point (b) the words "and entered in this register" shall be added.
14. in Article 14 (3) (e), the words "withdrawn" shall be deleted;
15. in Article 14, the following point (g) is added at the end of paragraph 3:
"(g) from which material the packaging which it places on the market is made and whether it is intended for sale to the consumer."
16. in Article 14 (10) (a), the words "on all packages which they place on the market or put into circulation" shall be inserted after the words "filling."
17. in Paragraph 14 (10) (b), the word "exclusively" shall be deleted;
18. In Article 15 (3), the words "and the simplified keeping of records and reporting of data from such records for persons referred to in Article 30 (3) 'are inserted after the words" from this register'.
19. in Article 17 (6) (a), the words "if allocated," shall be inserted after the words "identification number."
20. Paragraph 18 (1) reads:
"(1) Shareholders of an authorised company may only be persons who place packaging on the market or put into circulation. ';
21. in Article 30 (1) and (2), "5 000" is replaced by "2 000."
22. in Paragraph 30 (2), "2 000" is replaced by "800" and "500" is replaced by "200."
23. In Paragraph 30, the following paragraph 3 is inserted after paragraph 2:
"(3) The obligations referred to in paragraph 1 and the obligation to pay the registration fee referred to in paragraph 2 shall not apply to persons who place on the market or put into circulation less than 300 kg of packaging per calendar year. ';
Paragraphs 3 to 5 shall be renumbered paragraphs 4 to 6.
24. in Paragraph 32 (m):
"(m) determine, after consultation with the Ministry of Industry and Trade and with the Ministry of Agriculture, whether or not a particular product type is a packaging."
25. in Article 32, at the end of point (r), the dot is replaced by a comma and the following point (s) is added:
"(s) initiate the Czech Trade Inspection to check the handling of packaging."
26. in Articles 33 and 34, point (b) is deleted and the designation of point (a) is deleted;
27. In Paragraph 41, the sentence "In case of doubt whether the conditions of this Act are fulfilled, the customs authorities shall release the goods to the customs procedure concerned and invite the competent inspection authority to check them."
28. Paragraph 41 (2) and (3) are deleted and paragraph 1 is deleted.
29. In Paragraph 42 (1), at the end of the introductory part of the text, the words "within the limits of the powers laid down 'are added.
30. in Article 42 (1) (c), the words "including a declaration of compliance with the conditions for placing on the market under Article 5," shall be deleted;
31. in Article 44 (1) (b), the words "concerning the declaration of compliance with the conditions for indication of packaging" shall be deleted;
32. Article 47 shall be deleted;
33. The following Section 51a is inserted after Section 51:
(1) Decisions issued by the Ministry of Industry and Trade pursuant to Paragraph 47 shall cease to be valid on the date of application of this Act.
(2) Proceedings initiated pursuant to Paragraph 47, which were not concluded before the date of entry into force of this Act, shall be terminated on the date of application of this Act. '
34. Annex 1 to this Act is deleted.
Amendment of the Food and Tobacco Products Act
Act No. 110 / 1997 Coll., on Food and Tobacco Products and amending and supplementing certain related laws, as amended by Act No. 166 / 1999 Coll., Act No. 119 / 2000 Coll., Act No. 306 / 2000 Coll., Act No. 146 / 2002 Coll., Act No. 131 / 2003 Coll. and Act No. 274 / 2003 Coll., is amended as follows:
1. in Article 1, the following paragraph 2 is inserted after paragraph 1, including footnotes 18), 19) and 20):
"(2) The purpose of this Act is also to provide for an obligation for business18) to report stocks of 19) foodstuffs or agricultural products provided for in the relevant European Community legislation 20) (hereinafter referred to as" stocks ") and to regulate State supervision of compliance with that obligation.
18) Article 2 of Act No. 513 / 1991 Coll., Commercial Code, as amended.
19) Section 9 of Decree No. 500 / 2002 Coll., implementing certain provisions of Act No. 563 / 1991 Coll., on Accounting, as amended, for entities that are entities accounting in the double accounting system.
20) Commission Regulation No 1972 / 2003 concerning a transitional period adopted with regard to trade in agricultural products related to the accession of the Czech Republic, Estonia, Cyprus, Lithuania, Latvia, Hungary, Malta, Poland, Slovenia and Slovakia. '
Paragraph 2 shall become paragraph 3.
2. The following Section 3b is inserted after Section 3a, including footnote 21:
(1) The entrepreneur referred to in § 1 (2) is obliged to report on the spot to the competent inspector of the State Agricultural and Food Inspectorate on 1 May 2004 the stocks found under the special legislation21).
(2) The reporting obligation referred to in paragraph 1 shall be fulfilled by the entrepreneur by 10 May 2004 at the latest.
(3) The scope of the stocks covered by the reporting obligation referred to in paragraphs 1 and 2 and the model form shall be determined by the Ministry of Agriculture (hereinafter referred to as the Ministry) by decree.
21) Sections 29 and 30 of Act No. 563 / 1991 Coll., on Accounting, as amended. § 7b of Act No. 586 / 1992 Coll., on Income Tax, as amended. '
3. Article 16 (1) (c), including footnote 13a, reads:
"(c) State agricultural and food inspection13a) carries out state surveillance
1. in the manufacture and putting into circulation of foodstuffs, unless such surveillance is carried out under (b);
2. in the manufacture and putting into circulation of tobacco products; and
3. above the notification of supplies.
13a) Act No. 146 / 2002 Coll., on State Agricultural and Food Inspection and on the amendment of certain related laws, as amended. '
4. In Article 17, the following paragraph 6 is inserted after paragraph 5:
"(6) An entrepreneur who does not comply with the obligation set out in § 1 (2) and § 3b shall impose a fine on the State Agricultural and Food Inspection of up to CZK 1 000 000."
Paragraphs 6 to 8 shall be renumbered paragraphs 7 to 9.
Amendment to the Act on State Agricultural and Food Inspection
Act No. 146 / 2002 Coll., on State Agricultural and Food Inspection and on the amendment of certain related laws, as amended by Act No. 309 / 2002 Coll., is amended as follows:
In Article 3, the following paragraph 2 is inserted after paragraph 1, including footnote 10a:
"(2) The State Agricultural and Food Inspection shall check that the stocks reported by the entrepreneur under the special legislation 10a) correspond to the facts.
10a) § 3b of Act No. 110 / 1997 Coll. '.
Paragraphs 2 to 5 shall be renumbered paragraphs 3 to 6.
EFFECTIVE
This Act shall take effect on the day of its publication.
Zaoralek v. r.
Klaus v. r.
Spindles v. r.
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Regulation Information
| Citation | Act No. 94 / 2004 Coll., amending Act No. 477 / 2001 Coll. on packaging and amending certain laws (Act on Packaging), as amended, Act No. 110 / 1997 Coll., on Food and Tobacco Products and amending and supplementing certain related laws, as amended, and Act No. 146 / 2002 Coll., on State Agricultural and Food Inspection and on the amendment of certain related laws, as amended |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 03.03.2004 |
|---|---|
| Effective from | 03.03.2004 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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