Act No. 95 / 1996 Coll.
Act amending and supplementing Act No. 136 / 1994 Coll., on the coloring and marking of certain petroleum fuels and lubricants and on measures related thereto, on the addition of Act No. 455 / 1991 Coll., on Commercial Business (Trade Trade Act), as amended, on the Act of the Czech National Council No. 587 / 1992 Coll., on Consumer Taxes, as amended, and on the amendment of the Czech National Council Act No. 588 / 1992 Coll., on Value Added Tax, as amended, and on Consumer Taxes, as amended
Valid
Law
Effective from 26.04.1996
Text versions:
01.01.2004
26.04.1996
95
THE LAW
of 13 March 1996
amending and supplementing Act No. 136 / 1994 Coll., on the coloring and marking of certain petroleum fuels and lubricants and on measures related thereto, on the addition of Act No. 455 / 1991 Coll., on Trade Business (Trade Trade Trade Act), as amended, Act No. 587 / 1992 Coll., on Consumer Taxes, as amended, and on the Amendment to the Czech National Council Act No. 588 / 1992 Coll., on Value Added Tax, as amended, and amending and supplementing Act No. 455 / 1991 Coll., on Business (Trade Code), as amended, and the Czech National Council Act No. 587 / 1992 Coll.
Parliament has decided on this law of the Czech Republic:
Act No. 136 / 1994 Coll., on the dyeing and marking of certain hydrocarbon fuels and lubricants and on the measures related thereto, on the addition of Act No. 455 / 1991 Coll., on Business Business (Trade Trade Act), as amended, Act No. 587 / 1992 Coll., on Consumer Taxes, as amended, and amending Act No. 588 / 1992 Coll., on Value Added Tax, as amended, is amended as follows:
1. in Article 2 (1) (a), a comma and the word "gas" shall be inserted after the word "medium."
2. Paragraph 2 (1) (b) (2) reads as follows:
"2nd flash point according to the Pensky and Martens method or the open cup (Cleveland) method max. 150 ° C,."
3. Paragraph 2 (2), including footnote 1a, reads as follows:
"(2) They shall not be dyed and labelled unless otherwise specified in the other provisions of the Act, fuels and lubricants having the characteristics referred to in paragraph 1, if they are kerosene, diesel, biodiesel, 1a) semi-finished products for the production of those fuels and lubricants which are not dyed and labelled under that Act, semi-finished products for pyrolysis and chemical processing. The Ministry of Industry and Trade shall issue by decree a list of petroleum products which must not be dyed and labelled for which dyeing and marking could be a defect for their use.
(1a) Paragraph 19 (3) of Act No. 587 / 1992 Coll., on excise duties, as amended. '
4. the following paragraphs 3 and 4 are added:
"(3) The fuels and lubricants which are intended for export or are placed under a direct transit procedure need not be dyed and marked further. 2)
(4) The fuels and lubricants referred to in paragraph 1 which are intended for export shall be subject to the customs procedure at the time of removal from storage. Legal and natural persons to whom uncoloured and unbranded fuels are removed from storage shall be required, at the time of such removal, to make a declaration to the competent customs office for release for export. In the event of non-export or cancellation of the customs transit procedure, the competent customs office shall notify the competent customs office of cancellation of the export or transit procedure to the competent tax office. ';
5. in Article 3, the words "even for their own use," shall be deleted from points (b) and (c);
6. in Article 3, point (d) is deleted.
Points (e) and (f) shall be renumbered as points (d) and (e).
7. In Article 3, at the end of the newly marked point (e), the dot is replaced by a comma and the following point (f) is added:
"(f) the operation of petrol and lubricant service stations, as well as their operation of fuels and lubricants, which are not coloured or branded.";
8. In Article 4 (2), the words "fuels and lubricants' shall be inserted after the word" labelling ', the words "to carry out' shall be replaced by the words" to ensure ', and at the end the following words shall be added, which shall read, including footnote 2a): "as defined by the Decree of the Ministry of Industry and Trade. (2a)
2a) Decree of the Ministry of Industry and Trade No. 171 / 1994 Coll., laying down details of the dyeing and marking of certain petroleum fuels and lubricants, as amended by Decree of the Ministry of Industry and Trade No. 188 / 1995 Coll. '.
9. In Paragraph 4 (4), the following sentences are added at the end: "The infringement of the obligation to dye and label fuels and lubricants is also concerned if the colouring and marking of fuels and lubricants has not been carried out for the reason set out in Section 2 (3), although those fuels and lubricants have not been exported or placed under a customs procedure direct transit. 2) Those who were to export fuels and lubricants according to their destination, if they are already their owner, shall have the same obligations as those laid down by this law for such exports. ';
10.
"(6) The producer and user of the mixture of dye and marker 2a) is obliged to keep a register of colouring and labelling substances in the manner laid down by the Decree of the Ministry of Industry and Trade 2a. '
11. Article 5 (2) (b) reads as follows:
"(b) that imported fuels and lubricants meet the conditions laid down in this Act before they are transported across the state border of the Czech Republic."
12. in Article 5 (3), "(§ 2 (2))" is replaced by "(§ 2 (2) and (3)";
13. in Article 5 (3) (a), the following words shall be inserted before the words "only on the basis of a concession," including footnote (4a):
4a) § 2 (1) of Act No. 513 / 1991 Coll., Commercial Code. '
14. in Article 5 (3), at the end of point (d), the dot is replaced by a comma and the following point (e) is added:
"(e) to reimburse the necessary costs associated with carrying out the analysis of the sample taken by an authorised public service or accredited laboratory (§ 8 (2)) if it has been found that the obligations laid down by this law have been infringed."
15. in Article 5 (4), "and" before the word "storage" shall be replaced by "or," the words "(§ 2 (2))" shall be replaced by "(§ 2 (2) and (3))" and the following words shall be inserted before the word "register": "in the manner laid down by the Decree of the Ministry of Industry and Trade 2a";
16.
"(c) to sell dyed and branded fuels and lubricants for the propulsion of motor vehicles and engines, except stationary engines and gas turbines intended for the production of electrical and thermal energy;"
17.
"(d) to transport and store dyed and branded fuels and lubricants in a container connected to the engine as well as to put them in such a container or use them for propulsion of a motor vehicle;"
18. The following Section 6a is inserted after Section 6:
Opinion on decisions on concessions
In the opinion needed for the issue of the concession, the Ministry of Industry and Trade shall indicate the type of fuel and lubricant activity for which it issues the opinion, the time range and, where appropriate, other operating conditions. ';
19. In Article 7, the words "except for the obligation laid down in Article 5 (3) (a)," shall be inserted after the words "the obligations laid down by this law," the comma at the end of point (d) shall be replaced by a dot and point (e), including footnote 9, shall be deleted.
20. The following Paragraph 7a is inserted after Paragraph 7, including footnote 9:
(1) The police of the Czech Republic shall also check compliance with the obligations laid down by this Act in the performance of their tasks under the Special Act. 9)
(2) In the event of a reasonable suspicion, the police of the Czech Republic will take a sample of the fuel and lubricant as provided for by the State authorities (§ 7) in the Decree of the Ministry of Industry and Trade 2a) by delivering it to one of the State authorities referred to in § 7 (b) to (d) after sealing the sample.
(3) When checking compliance with the obligations laid down by this Act for the management of fuels and lubricants, the state authorities are entitled to require the Police of the Czech Republic to stop motor vehicles in road traffic. The police of the Czech Republic are obliged to comply with these requirements, unless it is prevented from performing other tasks.
9) § 1 (2), § 2 (1) of Act No. 283 / 1991 Coll., on the Police of the Czech Republic, as amended. "
21. Note 10:
"10) Act No. 552 / 1991 Coll., on State Control, as amended."
Note 11) is added as follows:
"Act No. 13 / 1993 Coll., Customs Act, as amended. '
22. Paragraph 8 shall become paragraph 1 and the following paragraph 2 shall be added:
"(2) The analysis of the sample of fuel and lubricants collected for the purpose of checking compliance with the obligations laid down by this Act shall be authorised, at the request of the public authorities, to carry out authorised national testing and accredited laboratories. 11a)
11a) Act No. 20 / 1993 Coll., on the performance of state administration in the field of technical standardisation, metrology and state testing. '
23. In Paragraph 9 (1), the words "and 6" shall be inserted after the words "Paragraph 4 (4)" and the words "Paragraph 5 (3) (a)" shall be deleted.
24. in Paragraph 9 (3), the words "within six years" are replaced by the words "within three years."
25. Article 10 (1) reads as follows:
"(1) The State authority shall impose a fine on a natural person who owns or uses a passenger motor vehicle with a diesel engine for purposes other than business, for a deliberate breach of the obligation laid down in § 6 (d) up to CZK 2000. The fine may also be imposed repeatedly. ';
26. In Paragraph 12, the following paragraph 1 is inserted before paragraph 1:
"(1) The fine under this law is levied by the State authority (§ 7) which imposed it. '
Paragraph 1 shall become paragraph 3.
27. In Paragraph 13, the following words are inserted after the words "in § 7 'and" comma' and after the words "trade office ':" and the Police of the Czech Republic'.
28. in Paragraph 14 (b), the words "self-execution" are replaced by the words "implementation," at the end of point (e) the dot is replaced by a comma and the following points (f) and (g) are added:
"(f) a list of products which must not be dyed and labelled for the purpose of their use (Section 2 (2)),
(g) the procedure for checking the dyeing and marking and the method of handling the sample of fuel and lubricant taken until it has been transmitted to an authorised public service or accredited laboratory. ';
Act No. 455 / 1991 Coll., on business (Trade Act), as amended by Act No. 231 / 1992 Coll., Act No. 591 / 1992 Coll., Act No. 273 / 1993 Coll., Act No. 303 / 1993 Coll., Act No. 38 / 1994 Coll., Act No. 42 / 1994 Coll., Act No. 136 / 1994 Coll., Act No. 200 / 1994 Coll., Act No. 237 / 1995 Coll. is amended as follows:
1. In Annex 3, the licensed trades:
- the production and processing of fuels and lubricants,
- the purchase, sale and storage of fuels and lubricants, including their importation, with the exception of the exclusive purchase, sale and storage of fuels and lubricants in consumer packages up to 50 kg per piece of packaging,
- the operation of petrol stations with fuels and lubricants,
they are treated in columns 2 to 5 as follows:
| 1 | 2 | 3 | 4 | 5 |
|---|---|---|---|---|
| Výroba a zpracování paliv a maziv | a) vysokoškolské vzdělání v oboru chemie a 5 let praxe v oboru | Ministerstvo průmyslu a obchodu | zákon č. 136/1994 Sb., o barvení a značkování některých uhlovodíkových paliv a maziv a o opatřeních s tím souvisejících, o doplnění zákona č. 455/1991 Sb., o živnostenském podnikání (živnostenský zákon), ve znění pozdějších předpisů, zákona ČNR č. 587/1992 Sb., o spotřebních daních, ve znění pozdějších předpisů, a o změně zákona ČNR č. 588/1992 Sb., o dani z přidané hodnoty, ve znění pozdějších předpisů, vyhláška č. 171/1994 Sb., kterou se stanoví podrobnosti barvení a značkování některých uhlovodíkových paliv a maziv | |
| b) středoškolské vzdělání v oboru chemie zakončené maturitní zkouškou a 10 let praxe v oboru | ||||
| Nákup, prodej a skladování paliv a maziv včetně jejich dovozu s výjimkou výhradního nákupu, prodeje a skladování paliv a maziv ve spotřebitelském balení do 50 kg na jeden kus balení | středoškolské vzdělání technického směru a 5 let praxe v oboru | Ministerstvo průmyslu a obchodu | zákon č. 136/1994 Sb. vyhláška č. 171/1994 Sb. | |
| Provozování čerpacích stanic s palivy a mazivy | vyučení v oboru chemie nebo strojírenství a 1 rok praxe v oboru | Ministerstvo průmyslu a obchodu | zákon č. 136/1994 Sb. vyhláška č. 171/1994 Sb. |
Transitional provisions to Article II
Natural or legal persons operating a business on the basis of a concession document issued before the date of application of this Act shall be required, where that law requires, in order to obtain a business licence and to operate a business activity, to fulfil conditions different from those laid down in the present legislation, to demonstrate their compliance at the request of the business office responsible for the place of business or place of business within nine months of receipt of the call. This is not the case if the fulfilment of different conditions is already due to documents submitted by a natural or legal person in proceedings under existing rules. The Trade Office shall invite a natural or legal person to demonstrate compliance with the conditions of the trade within six months of the date of application of this Act.
Transitional provisions to Article III
1. Acts taken on the basis of § 12 paragraph 10 of the Act of the Czech National Council No. 587 / 1992 Coll., on excise duties, as amended by Act No. 148 / 1995 Coll., remain valid until the effective date of the Act.
2. Entitlement to refund of excise duty under Article III of this Act may be exercised by the persons referred to in Article III (12) for the period from 1 January 1996 to the effective date of that Act.
The President of the Chamber of Deputies of Parliament is hereby authorised to declare in the Collection of Laws of the Czech Republic the full text of Act No. 136 / 1994 Coll., on the Dyeing and Labelling of Certain Hydrocarbon Fuels and Lubricants and on the Measures related thereto, on the Addition of Act No. 455 / 1991 Coll., on Business Business (Trade Act), as amended, on the Act of the Czech National Council No. 587 / 1992 Coll., on Consumer Taxes, as amended, and on the Amendment to the Act No. 588 / 1992 Coll.
This Act shall take effect on the day of its publication.
Uhde v. r.
Havel v. r.
Klaus v. r.
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Regulation Information
| Citation | Act No. 95 / 1996 Coll., amending and supplementing Act No. 136 / 1994 Coll., on the coloring and marking of certain hydrocarbon fuels and lubricants and on measures related thereto, on the addition of Act No. 455 / 1991 Coll., on Business Business Business (Trade Code Act), as amended, on the Czech National Council Act No. 587 / 1992 Coll., on Consumer Taxes, as amended, and on the Amendment to the Czech National Council Act No. 588 / 1992 Coll., on Value Added Tax, as amended, and on Consumer Taxes, as amended by the Act No. 455 / 1991 Coll. |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 26.04.1996 |
|---|---|
| Effective from | 26.04.1996 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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