311/2006 Sb.
LAW
of 23 December 2003. May 2006
about fuels and petrol stations of fuel and amending
some related laws
(the law on fuels)
Change: 575/2006 Sb.
Change: 107/2007 Sb.
Change: 227/2009 Sb.
Change: 281/2009 Sb.
Change: 91/2011 Sb.
Change: 91/2011 Coll. (part)
Modified: 18/2012 Sb.
Change: 234/2013 Sb.
Change: 130/2014 Sb, Sb 157/2015.
Parliament has passed the following Act of the Czech Republic:
PART THE FIRST
FUELS AND THEIR USE
§ 1
The subject of the edit
This law incorporates the relevant provisions of European Community ^ 1) and
modifies the
and the composition and requirements), the quality of the fuel and the monitoring of, and
monitoring the composition and quality of sold fuels,
(b)) sale and dispensing of fuel
(c)) registration, fuel distributors
(d)) records of fuel filling stations.
§ 2
Definition of terms
In this Act shall mean the
and) gasoline motor gasoline, diesel fuel, liquefied petroleum
gases, biofuel or other renewable fuel, mixed
fuel, compressed and liquefied natural gas, if you are determined to drive the
the vehicle's engine or special vehicles
(b) a motor vehicle manufactured vehicle) for the purpose of road
roads for the transport of persons, animals or things,
(c)) special vehicle motor vehicle manufactured for purposes other than
traffic on the road or a mobile machine,
d) filling station fuel (hereinafter referred to as "pumping station") construction
or device from which the fuel is sold or issued a rule
in the fuel tank of the vehicle; There is no petrol station construction or equipment,
that is the operational tanks placed in operation, if the fuel
be issued only for their own use,
(e) the issue of relocation of the return) of fuel from a storage tank to the
the fuel tank of a vehicle,
(f)), the operator of service stations, the person who is the owner of the fuel
materials sold at the gas station; If the owner of the gas station
It proves who is the owner of the fuel sold at the pump
the station, it is considered, that the operator of a pumping station is her
owner,
(g) the importation from the territory of transport) of another State on the territory of the Czech Republic,
(h) the export from the territory of) transport of the Czech Republic on the territory of another State,
I) liquid or gaseous biofuel and fuel intended for use in transport and
produced from biomass,
j) distributor of fuel a person who sells or is entitled to
sell the fuel on the territory of the Czech Republic, with the exception of the
1. the sale of fuel from a service station,
2. the sale of compressed natural gas, if the seller holds the
valid license to trade with the gas under the Energy Act.
§ 3
Fuel
(1) fuel can be sold or issued, only if they meet the
requirements for their quality and composition laid down by the implementing the legal
Regulation, the specific legislation of the ^ 2) and Czech technical
standards.
(2) the person who places the motor gasoline or diesel fuel for free
tax circulation on the territory of the Czech Republic under the income tax act
excise tax ^ 14) for transport purposes or that adds to the tax
the territory of the Czech Republic according to the law on excise duties ^ 14) for
transport motor gasoline or diesel fuel, referred to
free tax circulation in another Member State of the European Union, is required to
and) ensure that the sold her assortment of motor gasolines contain
also the motor petrol with oxygen content up to 2.7%
by weight, and with a maximum of 5 percent ethanol content by volume, and
(b) make available to the motor when the sale) of petrol or diesel
information about the content of biofuels in motor gasoline or diesel fuels.
(3) the manufacturer, the importer, exporter and distributor of fuel is required to
indicate in the delivery notes in the case of the supply of motor petrol or
diesel fuel, biofuel content in mass, expressed as a percentage
Vol.
(4) Implementing legislation lays down requirements on the composition and quality of the
fuel and method of tracking and monitoring the composition and
the quality.
§ 4
Evidence of fuel
(1) a petrol station operator is obliged to annually to the 28. February
pass the Ministry of trade and industry (hereinafter referred to as "the Ministry")
Summary report on the quantity and composition of individual types of fuel
It sold in the previous calendar year. The implementing legislation
Specifies the information that must be contained in the summary report.
(2) the provisions of paragraph 1 shall not apply to service stations, on which
fuel is sold exclusively to drive vehicles of the armed forces ' ^ 3)
or vehicles intended to carry out the tasks of intelligence services ^ 4).
Section 4a
cancelled
section 4b
cancelled
§ 5
The sale and dispensing of fuel
(1) the sale or dispensing of fuel is allowed from the pumping station,
which
and construction) is meets the requirements laid down by specific legal
^ 5) legislation and Czech technical standards ^ 6), and its operation was enabled
kolaudačním decision pursuant to the building Act, or
(b)) is not building and its operation is enabled by the decision referred to in paragraph 2.
(2) the Building Authority at the request of the owner of the service station shall, as
paragraph 1 (b). (b) the written authorization of the service), if the applicant
and that is not a) placed in a protective or safety zone
gas equipment, pipeline, Ethylbenzene, or equipment
electricity system without the consent of the owner of the relevant protected
device, or is not located in the water meadows of the territory, the protection zone
water works, water source or source of natural mineral waters,
the protected area of natural accumulation of water, especially protected territories
the land adjacent to the water, on the land designated for the implementation of the
forest functions or on the agricultural soil Fund without the consent of the authority or
the executing organization for the area of public administration,
(b)) shows that the device is not placed in violation of zoning laws,
(c)) proves to ensure a sufficient protection against lightning and static effects
electricity,
(d) ensure the workplace demonstrated) drinking water in quantity
sufficient to provide first aid and warm running water ^ 7),
(e) ensuring the impermeability proves handling) of the areas and their
vyspádování into the capture of the sink capacity of at least 5 m3, or other
the technical solution ensures the capture or destruction of the bad water
referred to in subparagraph (f)),
(f)) proves to ensure disposal of waste water in accordance with the conditions
laid down in the authorisation for their discharge,
(g)) proves equipment gas station gas recovery
par i. and II. instance in the case of sales and negative adjustments of petrol,
(h)) proves that the pumping station is certified as a whole ^ 8), is
adequate fire protection ^ 9) and the protection of life and health
of persons, their property and the environment,
and ensure continuous surveillance proves to be) sufficient to prevent
unauthorised waste pumping station; the sales time must be
ensure the presence of natural persons older than 18 years providing service
gas station or proves that the pumping station is certified as
unattended,
j) proves that the plan of measures for cases of accidents was approved
the competent authority, vodoprávním
k) proves that the above-ground tanks, pumping stations are made from
non-combustible materials resistant against chemical effects of fuel,
designed and manufactured taking into account the natural loss of materials
(e.g. corrosion) and sufficiently protected against damage,
l) ensure the deployment proves the number of forces and resources to
put out the fire and protect around 7 minutes in the time zone or install
Similarly, effective fire safety equipment ^ 9).
(3) the Building Authority shall revoke the decision to permit the operation of pumping station
referred to in paragraph 1 (b). (b)), if its operation are not fulfilled
the requirements referred to in paragraph 2.
(4) the provisions of paragraphs 1 to 3 shall not apply to the sale or issue
the fuel in the fuel tank of the vehicle the basic components of the integrated
rescue system ^ 10) and the vehicles of the armed forces ^ 3), on the issue
fuel only for your own use under section 2 (b). (d)) and for sale
or the dispensing of compressed natural gas.
(5) at the gas station is prohibited the performance of mobile pressure vessels
liquefied petroleum gases, with the exception of pumping liquefied petroleum
gases into fixed fuel tanks of motor vehicles.
(6) a petrol station operator, in which it is sold or issued
petrol and is not silent, is obliged to ensure that this
the pumping station were sold or issued also additives,
that will allow the reliable operation of the engine, which is designed for use
leaded motor gasoline, unleaded petrol or with
These additive dosing additives. Additives and their dosage
lays down detailed legal prescription.
(7) to sell or supply leaded motor gasoline or use them to
drive the engine of the vehicle is prohibited.
(8) the owner of the gas station referred to in paragraph 1 (b). (b)) is required to
to ensure that its operation not to jeopardize the life or health
persons, property or the environment.
(9) a petrol station operator is required to
and the designation of picking racks) to ensure fuel trade name
sold or issued, and the number of the relevant fuel the Czech
technical standards, which sets out the composition and quality of the fuel,
(b)) available on the petrol station information
1. on the quality of fuel sold or issued, and their
the hazardous properties of ^ 15),
2. on the content of biofuels in motor gasoline sold or issued and the
the possible use of individual species sold or issued
motor petrol,
3. on the content of biofuels, in particular on the content of fatty acid methyl esters,
in the diesel fuel sold or issued,
(c)) ensure that for each calendar day conducted conclusive evidence
about the amount of fuel sold or issued, in which it is particularly
for each dispensing fuel rack recorded status summary
the counter on the gauge under the law on metrology; This
the register is a petrol station operator shall keep for a period of 3
years from the date of the sale or dispensing of fuel; the operator of pumping
the station is also obliged to ensure that at the request of the authorities referred to in section
7. 3 registration was submitted promptly and was invoked by a State
cumulative counter set meters, according to the law on metrology,
(d)) to ensure the pumping station, which is being sold or issued
petrol containing ethanol from 5 to 10 percent by volume,
the indication of the dispensing of ethanol content in
motor gasoline
(e) to ensure, at the petrol station), that are sold or issued,
fuel metal additives the dispenser
fuel rack brand, which contains the text: "contains the metal
additives. '; mark must be clearly written, clearly visible and easily
legible and
(f)) to ensure that at least 50 percent of service stations
the total number of gas stations operated by a State, which
sold or issued, petrol was sold or issued also
petrol containing oxygen up to 2.7 percent by weight and
containing a maximum of 5 percent ethanol by volume.
Section 5a
Distributor of fuel and petrol station operator is obliged to
the territory of the Czech Republic to buy fuel only
and from a person registered as) a distributor of fuel, or
(b)) to the gas station, entered in the register of service stations.
§ 6
Registration of service stations
(1) the Ministry keeps records of service stations. Registration service
stations is conducted in electronic form. The Ministry publishes a
in a way that allows remote access to a list of petrol stations,
which sold the fuel, and that contains the information referred to in
paragraph 2 (a). (c)), and (d)). Other data from the registration service stations
are non-public.
(2) the petrol stations are written
and details of the owner) of the pumping station and the data on the pump operator
the station, if not also its owner,
1. in the case of a legal person, or the business name of the name, registered office and identification
the number of persons, if assigned, for foreign persons, also the location of the
organisational components of the enterprise on the territory of the Czech Republic, where it is established,
2. in the case of a natural person name and surname, or business company
date of birth, identification number of the person, if any, address
permanent residence, where the place of business, at a foreign person also
address of stay on the territory of the Czech Republic, where she was staying is enabled, the address
the reporting of the stay on the territory of the Czech Republic or the location of the business
components of the enterprise on the territory of the Czech Republic, where it is established,
(b)) or type a brief description of the service station,
(c) the address of the gas station) or, in the event that this is not possible, other data
specifying the location of the gas station,
(d)) date of entry into operation of the pumping station and the date of their operation
pumping station.
(3) the owner of the gas station is obliged the Ministry of
and) before the gas station into operation, notify the information referred to in
paragraph 2 (a). and (c)))
b) notify without undue delay the placing into service of gas station
or termination of the operation of the pumping station, and any change in the information referred to in
paragraph 2 (a). and (c)).)
(4) the provisions of paragraphs 1 to 3 shall not apply to service stations, in
which shall be issued exclusively for fuel powered vehicles of the armed
forces ^ 3), vehicles, basic components of the integrated rescue system ^ 10)
or vehicles intended to carry out the tasks of intelligence services ^ 4).
§ 6a
The conditions of the fuel distribution
(1) the Customs office issuing an opinion in accordance with the Trade Licensing Act to request
about
and the trade licence for distribution) of fuel,
(b) the approval of the responsible representative) the provisions for the distribution of fuel
materials.
(2) the Office shall issue a favourable opinion, if the condition is met
the reliability of the
and the applicant for the trade licence) for the distribution of fuel,
(b) a statutory body or a member) of the statutory authority of the applicant and the
(c) the responsible representative of the applicant).
(3) the reliability Condition must be fulfilled for the whole duration
business licence for the distribution of fuel
and the business licence holder) for the distribution of fuel,
(b)) a statutory body or a member of the statutory body of the holder
and
(c) the responsible representative of the holder).
(4) in the event that the Office will issue a dissenting opinion, this
opinion on the reasons for such refusal.
§ 6b
The reliability of the
(1) For reliable for the purposes of this Act, the person shall be deemed to
and) is impeachable and
(b)) in the last 3 years it hasn't seriously tax or customs
legislation or this Act.
(2) For integrity, for the purposes of this Act, the person shall be deemed to
has not been convicted of an offence against property or for the
economic crime, or it looks like he has not been convicted.
(3) If a legal person commits serious breaches of the tax or customs
legislation or this Act, for the purposes of assessing compliance with
conditions of reliability to the person who was, at the time of the infringement, in
the statutory body of the legal person, or a member of the statutory
authority, as if it is also violated.
(4) If a person commits serious breaches of the law, look for
the purpose of the assessment of the compliance with the conditions of the reliability of the person that was in the
the time of this violation of the responsible representative of that person, as it would also
infringed.
§ 6 c
Demonstrating integrity
(1) if the person who must satisfy the condition of reliability,
a stranger, or a legal person that has its registered office on the territory of the Czech
Republic, connects the applicant to request a trade licence for the
distribution of fuel also extract from the register or an equivalent
a document issued by a State,
and whose is this person) is a national, or in which it is located and
(b)) in which, in the past 3 years this person traced, or
resided continuously for longer than 3 months.
(2) if the person who must satisfy the condition of reliability, a
a member of the Czech Republic, which in the past 3 years has delayed
continuously for more than 3 months in the territory of another State, it shall
the applicant to request a trade licence for the distribution of fuel
materials also extract from the register or an equivalent document issued by a
This state.
(3) a person who is or was a national of another Member
State than the Czech Republic, or a person who has or had a place of residence in the
another Member State than in the Czech Republic, may place documents according to the
paragraph 1 or 2 to the application for trade permissions to connect to a different
document proving its integrity.
(4) if the State does not issue the document referred to in paragraphs 1 to 3, this can be
replace the solemn statement made by the document before a notary public or
the authority of this State, which is not older than 3 months.
(5) a Distributor of fuel has prompted the Office to submit
the document referred to in paragraphs 1 to 4 within the period specified by the Office.
§ 6 d
Responsible representative of the
(1) the responsible representative distributor fuel may be
established only a person who does not perform the function of a responsible representative of the
for another distributor of fuel.
(2) the Trade Licensing Office shall cancel the trade licence for the distribution of
fuel or change its scope, if
and distributor of fuel neustanovil) the responsible representative, although
This trade Act requires, or
(b) the Trade Licensing Office) did not approve the new provisions of the responsible representative,
because of this representative does not meet the
1. the condition referred to in paragraph 1,
2. reliability, condition or
3. the conditions laid down by the trade law.
Fuel distributor registration
section 6e
Registration management
(1) fuel Distributor is obliged to, before the start of their
the activities of the register at the Office.
(2) For the registration procedure, the management of the deposit and the obligation of notification
distributor of fuel shall apply mutatis mutandis to the provisions of the tax
of the order.
section 6f
The application for registration
The application for registration shall be filed electronically.
§ 6 g
Conditions of registration
(1) the terms and conditions of registration are:
and no debts),
(b) a trade licence for distribution) of fuel,
(c)), the fact that the Distributor has not been ratified by the fuel ban
activities hinder the performance of its activities,
(d)), the fact that the distributor of the fuel is not in liquidation or in
bankruptcy, and
(e)) the provision of the deposit.
(2) the registration criteria must be fulfilled for the whole period of the registration.
§ 6 h
No debts
(1) for the bezdlužnou, for the purposes of this Act shall be considered a person who does not have
recorded arrears
and with the authorities of financial management) of the Czech Republic,
(b) the Customs authorities) for the Czech Republic,
(c)) on the insurance and finance charge for general health insurance and
(d)) on the insurance and finance charge on social security and a contribution to
State employment policy.
(2) the condition of indebtedness must be fulfilled at the same time
and distributor of fuel)
(b)) a person that is a legal person, which is a distributor of fuel
materials, a statutory body or a member of the statutory body, and
(c) the responsible representative of the Distributor) of fuel.
(3) no debts referred to in paragraph 1 (b). (c)), and (d)) shall be
certificates, which are not older than 30 days before the date of filing of the application
to register a.
§ 6i
Deposit
(1) a Distributor of fuel is required to provide the bail in the amount of 20
0000 0000 Czk.
(2) the deposit shall be granted
and amounts to a special composition) the account of the Office with the fact that the deposit has
be on this account all the time fuel distributor registration
or
(b)) a bank guarantee, which was adopted by the Office to ensure the arrears,
that are registered with the authorities of the customs administration of the Czech Republic or in
other tax administrators to the fourth day of the date of cancellation or demise
fuel distributor registration.
(3) a bank guarantee must be granted for a specified period, which shall not
be shorter than 2 years.
§ 6ia
The request for a reduction of the deposit
(1) a Distributor of fuel that meets the conditions for the reduction of
the deposit shall be entitled to request a reduction in bail.
(2) the request for a reduction of the deposit is a distributor of fuel required to
also the data
and of the structure of ownership and) about which the person exercised significant influence
on the management of this distributor of fuel,
(b)) needed for the assessment of compliance with the conditions for a reduction in bail.
(3) if the request for a reduction of the deposit is rejected, the distributor may
fuel to request a reduction in bail as soon as possible after the expiry of 3
months from the date of negative decision has legal power.
§ 6ib
The conditions for a reduction of the deposit
(1) the conditions for the reduction of the deposit are
and fuel distributor registration),
(b)) fuel distribution in at least 300 000 litres per
the calendar quarter and at most 3 0000 0000 litres per calendar quarter
(c)) economic stability and
(d) the reliability of the persons exercising significant) influence on the management of the Distributor
fuel.
(2) the condition referred to in paragraph 1 (b). and must be revised continuously)
After a period of at least 3 consecutive years immediately preceding the
the date of filing of the application for a reduction in bail.
(3) the condition referred to in paragraph 1 (b). (b)) regarding the desired
minimum volume of distribution of fuel per calendar quarter
must be accomplished by a continuous period of at least 12 consecutive
calendar quarter immediately preceding the date of submission of the application
on the reduction of the deposit.
(4) the conditions for the reduction of the deposit must be met throughout the period of this
the reduction.
§ 6ic
Economic stability
Economically stable is the one who produces the risk that they fail to fulfil their
payment obligations against the authorities of the customs administration of the Czech Republic, or
with the authorities the financial administration of the Czech Republic, on the basis of the
and profitability indicators), liquidity, financial stability,
activity and productivity assessed on the basis of data reported
fuel distributor or detected by the Customs Office,
(b)) other facts relevant for the assessment of the risk.
§ 6id
The reduction of the deposit
(1) the Customs Office at the request of distributor fuel reduced bail on 10
0000 0000 Czk, if the conditions for the reduction of the distributor of the deposit. In
otherwise, the Office shall reject the application for a reduction in bail.
(2) if there is a reduction of the deposit, the amount of which was
bail reduced, přeplatkem distributor of fuel. If it is as follows
the resulting overpayment vratitelným přeplatkem, return it to the Office of
distributor of fuel within 15 days from the date of the final reduction
the deposit.
(3) in addition to the existing bank guarantee, which is reduced by the Bank
guarantee to ensure the arrears, the Customs Office may accept as soon as possible from the
the date of a final reduction in the deposit.
§ 6ie
The obligation to notify the distributor of fuel in the context of the
by reducing the deposit
(1) a Distributor of fuel, which was reduced security deposit, is obliged to
the Customs Office to announce the change to the data on the ownership structure and the change of information
about which the person exercising significant influence on the management of this
fuel distributor, within 5 working days from this change.
(2) a Distributor of fuel, which was reduced security deposit, is obliged to
the time limit for the submission of the tax return to report the income tax to the customs
the Office of the information needed for the assessment of economic stability; This does not apply,
If, within 1 month from the communication of these data when applying for
the reduction of the deposit.
(3) the Distributor of fuel in connection with the reduction of the deposit may not
specify the information that is available to the Customs Office, or which can change
the Customs Office in an automated way to determine from the registers and the registers, to
which has set up an automated access.
(4) the Office shall publish, in a manner enabling remote access circuit
data
and) required for the assessment of compliance with the conditions for a reduction in bail, which
fuel distributor is obliged to communicate to the Customs Office,
(b)) in accordance with paragraph 3.
§ 6if
The abolition of the reduction of the deposit on a proposal from the
(1) the Office shall cancel the bail reduction on a proposal from the fuel distributor
materials which the bail reduced.
(2) the decision on the abolition of the reduction of the deposit, the Customs Office shall issue until after
fuel distributor will provide the bail in the amount of 20 0000 0000 Czk.
§ 6ig
The abolition of the reduction in bail ex officio
(1) if the Office finds that the conditions are not met for a reduction of the deposit,
invite distributor of fuel, which was reduced security deposit, to their
compliance with the time limit laid down in the Customs Office, where the nature of these terms and conditions
This meeting acknowledges and there is no danger of delay.
(2) the Office shall cancel the bail reduction, if
and fuel distributor) challenge the Office locked in
the prescribed period, that the conditions for a reduction of the deposit, or
(b)) are not eligible for a reduction in bail, to which the customs
the Office of the distributor of fuel does.
(3) if the Office finds that, in the relevant calendar quarter
the condition distribution of fuel in the required volume,
the reduction of the deposit, if the fuel distributor at the invitation of the Customs Office
proves that
and expended any effort) that it was possible to require that non-compliance with
This condition, or
(b)) in a given calendar quarter fell short with regard to seasonal
the character of the distribution activities of the desired minimum volume
fuel distribution.
(4) the Distributor is obliged to fuel within 20 days from the notification of
the decision on the abolition of the reduction in bail ex officio give bail in the
the amount of 20 0000 0000 Czk.
(5) if the cancelled the bail reduction, ex officio, the distributor
fuel to request a reduction in bail as soon as possible after the expiration of 1 year
the date when the decision on the abolition of the reduction of the deposit has to be able to. ".
section 6j
The use of bail
(1) if there is a cancellation or termination of registration
distributor of fuel, the amount of composite přeplatkem
fuel distributor. If the resulting overpayment vratitelným
přeplatkem, return it to the Office of the distributor of fuel within 90
days from the date of final withdrawal or disappearance of distributor registration
fuel.
(2) the time limit referred to in paragraph 1 is not running after a period when the authority of the Customs Administration
The Czech Republic or in any other proceedings, tax administrator
and) whose result can be the decision on determination of tax, fee, or
another similar financial and
(b)), which was launched within 90 days from the date of final withdrawal or
the demise of the fuel distributor registration.
(3) if there is a cancellation or demise of the fuel distributor registration
materials, the Office will invite the issuer bank guarantee for the payment of arrears
registered to the fourth day of the date of cancellation or demise of the registration
and) Customs Office
(b)) other tax administrator that his payment of the Customs Office.
(4) the Office shall invite the bank guarantee issuer as soon as possible after 90 days,
not later than 5 months after the date of cancellation or demise of the registration
fuel distributor.
(5) the issuer of a bank guarantee is required to pay the amount within 15 days from the date of
the date of receipt of the request.
§ 6 k
The decision on the registration of
(1) if the distributor fuel conditions of registration, the Office of
It registers; in the decision on registration shall assign a registration
number.
(2) the time limit for the issuance of the decision on registration, running from the date when the customs
the Office took the initiative to cancel or change a business licence for the
the distribution of fuel, until final termination of winding
or a change to this business.
(3) the Distributor of fuel is registered the fifth day following
After the effectiveness of the decision on registration up to the effectiveness of the decision on the
cancellation of registration or to the demise of the registration; the Office shall publish the date of
registration in the register of distributors of fuel no later than on the date of
registration.
§ 6ka
The obligation to notify the distributor of fuel
(1) a Distributor of fuel is required to notify the Customs office information
relating to the distribution of fuel per calendar month required
for the execution of the authorities of the customs administration of the Czech Republic and authorities
The financial administration of the Czech Republic.
(2) the Office shall publish, in a manner enabling remote access circuit
the data, which is a distributor of fuel required to indicate in the notice.
(3) the notification shall be submitted within 20 days after the end of the calendar month
electronically in the format and structure of the published Office way
enabling remote access.
§ 6 l
Cancellation of registration on a proposal from the
The Customs Office shall cancel the registration of the design of the fuel distributor.
§ 6 m
Cancellation of the registration of the ex officio
(1) if the Office finds that the conditions are not fulfilled, the registration shall invite the
distributor of fuel to meet them in the time limit laid down,
If the nature of these conditions, this meeting and there is no danger admits
from the delay.
(2) the Office shall cancel the registration if
and fuel distributor) challenge the Office locked in
the prescribed period, that the conditions of registration,
(b) the conditions of registration are not met), to which the Customs Office
distributor of fuel does,
(c)), the distributor of fuel serious breaches of the notification
the obligation,
d) condition is not satisfied the reliability of the persons referred to in section 6a of paragraph 1. 3
(a). and (c)))
e) distributor of fuel for a period of 12 consecutive calendar
months does not do its work.
(3) If a registration has been cancelled ex officio, the distributor
fuel apply to register as soon as possible after the expiry of 3 years
the date when the decision on the cancellation of registration has acquired the power to
If you are not on the cancellation of registration referred to in paragraph 2 (a). (e)).
§ 6n
Termination of registration
(1) a registration shall lapse
and the demise of the business licence) for the distribution of fuel,
(b)) 5 months prior to the date of expiry of the period for which it was provided
a bank guarantee, which is bond.
(2) the Register referred to in paragraph 1 (b). (b) if it is not terminated)
and the time at which) was granted a bank guarantee, extended at least
about 2 years ago,
(b)) granted the new bank guarantee, which immediately follows the
the previous bank guarantee and which was adopted by the Customs Office,
(c)) consists of the deposit amount in the special account of the Customs Office, or
(d) the composition of the amount of the security deposit provided) to the special account of the Customs Office and
a bank guarantee.
§ 6o
Information duty of the Customs Office
The Customs Office shall inform the issuer bank guarantee on the abolition or demise
fuel distributor registration.
§ 6 p
Register of distributors of fuel
(1) the General Directorate of customs duties shall maintain a register of distributors of fuel,
in which collects the information necessary for the performance of Customs authorities
administration of the Czech Republic under this law.
(2) the Directorate-General of duties exposes the way enabling the remote
to access this information from the registry, the distributors of fuel:
and company or business) name and surname, or name,
(b)) the seat or place of business,
(c)), tax identification number,
(d) registration number),
(e) the date of registration),
(f) the cancellation or dissolution) the day of registration,
(g)), indication of whether authorisation
1. the draft was abolished,
2. has been cancelled ex officio or
3. be allowed to lapse,
h) change published data from the registry and fuel distributors
the date of this change.
(3) register distributors of fuel containing the information referred to in paragraph 1
even in the event that the registration has been cancelled or lapse; the information referred to in
paragraph 2 shall be made public after a period of 3 years from the date of the cancellation or dissolution of
registration.
(4) if there is a cancellation of the registration of the ex officio, unless it is a
cancellation of registration under section 6, paragraph. 2 (a). (e)), the Office shall submit the complaint
to cancel or change a business licence for the distribution of fuel
materials.
The competence of administrative authorities
section 7 of the
State administration and State supervision
(1) the Ministry of
and) keeps records of petrol stations and provides access to data from the register
other administrative authorities,
(b) submit to the Commission of the European communities) an annual report on the quality of
motor gasoline and diesel fuel to the territory of the Czech Republic
the previous calendar year, and a report on the total quantities of the motor
petrol and diesel fuel marketed in the territory of the Czech Republic ^ 11).
(2) the Czech trade inspection checks
and the composition and the quality) of fuel for the manufacturer, Distributor, importer,
the exporter, and for the operators of service stations, and even during transport,
under special legislation ^ 12) and tracks and monitors the composition and
the quality of the fuel in accordance with the implementing regulation issued by the
According to § 3 (2). 4; the implementation analysis is provided through
accredited persons
b) fulfilment of the obligations under article 3, paragraph 3. 1 and 2, section 5 (3). 2, 5, 6 and 7 and § 5
paragraph. 9 (a). and), b), (d)) to (f)).
(c)) in cooperation with the authorities of the administrative supervision according to special regulations
the fulfilment of obligations pursuant to section 5 (3). 1 and 8.
(3) the Customs authorities shall check the fulfilment of the obligations under article 3, paragraph 3. 3, § 5
paragraph. 9 (a). (c)), section 5a, duties in connection with the registration of
fuel distributor and the reporting obligations of the Distributor
fuel.
(4) the Czech trade inspection exposes the way enabling the remote
access the final decisions of the Czech trade inspection relating to the
fuel filling stations, operators of service stations,
carriers and distributors of fuel, for which the control has detected that
the quality or composition of the sold, published or carried
the fuel is not in accordance with this Act.
(5) the Czech trade inspection is required by the 15th day of
calendar month pass to the Ministry a report on the results of the monitoring
the composition and quality of the fuel for the previous calendar month. Czech
trade inspection is required to annually to 31. March pass
the Ministry of a summary report on the results of monitoring the composition and quality
fuel economy for the previous calendar year. The report referred to in the previous
sentences passes the Czech trade inspection also electronically. A closer definition of the
the content of these reports and summary reports on detailed legal
prescription.
(6) the Building Authority shall decide on the grant of authorisation of operation of pumping station
under section 5 (3). 2 and about its cancellation under section 5 (3). 3.
Administrative offences
§ 8
Misdemeanors
(1) a natural person has committed the offence by
and to sell or issue) fuel that does not meet the requirements for fuel
matter under section 3 (3). 1,
(b)) placed in a storage tank at the gas station fuel, which
does not meet the requirements on fuel according to § 3 (2). 1,
(c) sell or issue) leaded petrol or uses it to drive
the engine of the vehicle contrary to section 5 (3). 7,
(d)) as the owner of the gas station, it's not about pumping station referred to in
section 6 (1). 4, in contravention of section 6 (1). 3 (b). and) before the not notified
pumping station into operation, the information in the register pursuant to § 6 service stations
paragraph. 2 (a). and (b))), or (c)), or in contravention of section 6 (1). 3 (b). (b))
notifies the putting into operation of the pumping station or their operation
gas station or change the data in the register of the enrolling of filling
stations under section 6 (1). 2 (a). and (b))), or (c)), or
(e)) at the gas station filled with liquefied petroleum gas mobile crushing
the vessel in violation of § 5 (3). 5.
(2) for the offence referred to in paragraph 1 (b). and (c))) can impose a fine up to 5
0000 0000 CZK for the offence referred to in paragraph 1 (b). (d) a fine of up to 3 0000 0000)
And for the offence referred to in paragraph 1 (b). (e)) to a fine of 50 000 CZK.
§ 9
Administrative delicts of legal entities and natural persons-entrepreneurs
(1) Legal or natural person-entrepreneur ^ 13) is guilty of an administrative
tort by
and to sell or issue) of motor fuel in violation of § 5 (3). 1,
(b) sell or issue) fuel that does not meet the requirements for fuel
matter under section 3 (3). 1,
(c)) placed in a storage tank at the gas station fuel, which
does not meet the requirements on fuel according to § 3 (2). 1, or
d) sells or issues a leaded petrol or uses it to drive
the engine of the vehicle contrary to section 5 (3). 7.
(2) the Legal or natural person conducting business as the owner of the petrol
the station has committed misconduct in breach of section 6 (1). 3
(a). and) notifies the before the petrol station into service data in
registration of service stations under section 6 (1). 2 (a). and (b))), or (c)) or in
contrary to section 6 (1). 3 (b). (b) the indication of the gas station) has notified to the
service or termination of the operation of the pumping station or change data
enrolling in the register of service stations under section 6 (1). 2 (a). and)
(b)), or (c)).
(3) a legal or natural person conducting business as the owner of the petrol
station under section 5 (3). 1 (a). (b)) commits misconduct by
contrary to section 5 (3). 8 does not ensure that, when the operation occurred
the threat to the life or health of persons, property or the
environment.
(4) a petrol station operator has committed misconduct by
and) contrary to section 5 (3). 5 carries out mobile pressure vessels with liquefied
petroleum gases, where appropriate, their implementation will
(b) does not make the designation) picking racks of fuel under section 5 (3).
9 (a). and) or into a gas station, for which it is sold, or
issued with content of ethanol petrol from 5 to 10 percent
by volume, the dispenser the indication of the content of the
ethanol in motor gasoline under section 5 (3). 9 (a). (d)),
(c) make available to the gas station) information according to § 5 (3). 9 (a).
(b)),
d) contrary to section 5 (3). 9 (a). (c) does not make the recording status)
cumulative counters of each picking racks or the
not retained for 3 years from the date of the sale or dispensing of fuel or
does not ensure its submission and the invocation State of the cumulative counters
dispenser,
(e)) as the operator of service stations, which is sold or issued
petrol and not silent, does not make the sale or issue
aditivačních ingredients or bezolovnatých of petrol with these ingredients according to
§ 5 (3). 6,
(f)) as the operator of service stations, which are sold or
dispensed fuel with metal additives, does not make the designation
the competent dispensing of fuel brand according to § 5 (3). 9
(a). (e)), or
(g)) does not ensure it operated service stations, on which it is
sold or issued, whether or not the sale of petrol or dispensing of motor
gasoline containing ethanol oxygen and under section 5 (3). 9 (a). (f)).
(5) the Legal or natural person-entrepreneur as a person, as referred to in § 3
paragraph. 2, committed misconduct by
and the motor locks) petrol in the assortment according to § 3 (2). 2
(a). and), or
(b) make available to the motor when the sale) of petrol or diesel
information about the content of biofuels in motor gasoline or diesel
According to § 3 (2). 2 (a). (b)).
(6) the manufacturer, the importer, exporter or distributor fuel
committed misconduct by, contrary to section 3 (3). 3 does not in
delivery notes in the case of the supply of motor petrol or diesel
diesel fuel, biofuel content in mass, expressed as a percentage
Vol.
(7) the operator of fuel or petrol station operator with
committed misconduct that does not pass the comprehensive report referred to in section 4 of the
paragraph. 1.
(8) the fuel Distributor has committed misconduct by
carried out its activities without registration.
(9) the Distributor of fuel or petrol station operator with
committed misconduct that buys fuel in violation of section
5a.
(10) for the administrative offence is imposed in the
and 20 0000 0000 Czk), with respect to the administrative offence referred to in paragraph 1 (b). and)
paragraph 3 or paragraph 5 (a). or paragraph 8) or paragraph 9,
b) 5 0000 0000 CZK in the case of an administrative offence referred to in paragraph 1 (b). (b)), (c))
or (d) or paragraph 4 (b)). (d)), or (g)),
c) 3 0000 0000 CZK in the case of an administrative offence referred to in paragraph 2, paragraph 4
(a). and (b))), or (f)), paragraph 5 (a). (b)), or to paragraph 6,
(d)) 1 0000 0000 CZK in the case of an administrative offence referred to in paragraph 4 (b). (c)), or
(e)), or to paragraph 7.
(11) for the administrative offence referred to in paragraph 9, you can along with a fine save
the ban on the activities of up to 2 years, if the administrative offence committed by this
activities or in connection with it.
§ 10
Common provisions on administrative offences
(1) a legal person under the administrative tort does not match, if he proves that
made every effort, that it was possible to require that the infringement of the
the obligation to prevent.
(2) in determining the acreage of the fine legal person shall take into account the seriousness of the
the administrative tort, in particular to the way a criminal offence and its consequences.
(3) liability of legal persons for the administrative offence shall cease, if the
the administrative authority about him has commenced proceedings to 1 year from the date on which it
learned, but no later than 3 years from the day when it was committed.
(4) administrative offences under this law in the first instance hearing
and the Director of the Czech trade Inspectorate) inspection, if the administrative
offences under section 8 (2). 1 (a). and (c))) and (e)) and section 9 (2). 1 (a). and)
(d)), section 9 (2). 3 (a). 4 (b). and), b), c) and (e)) to (g)) and section 9 (2). 5,
(b)), the Ministry, in the case of administrative offences pursuant to section 8 (2). 1 (a). (d)) and
§ 9 (2). 2 and 7,
(c)), the Customs Office, in the case of administrative offences under section 9 (2). 4 (b). (d)), section 9
paragraph. 6, 8 and 9.
(5) The liability for the acts, which took place in the business of physical
person or in direct connection with it, shall be subject to the provisions of this
the law on liability of legal persons and sanctions.
(6) the Fines collected by the administrative authority, that is saved. Income from fines is
income of the State budget.
§ 11
The enabling provisions
The Ministry will issue a decree for the implementation of section 3 (3). 4, section 4, paragraph 4. 1, § 5
paragraph. 6 and § 7 (2). 5.
§ 12
Transitional provisions
(1) the summary report on the quantities of fuel sold in the previous
the calendar year of the manufacturer, the importer, exporter and retailer of fuel and
petrol station operator shall submit for the first time for the calendar year 2006, and
it to 28. February 2007.
(2) Sell or supply fuel from petrol stations according to § 5
paragraph. 1 (a). (b)), which was put into service prior to the date
the effectiveness of this law, without the submission of the application for authorization, in accordance with
§ 5 (3). 2 for a maximum period of 90 days from the date of entry into force of this
Act, or from the date of submission of the application for the issue of a permit under section 5 (3).
2, up to a maximum period of 120 days from the date of entry into force of this Act.
(3) at the gas station, which was put into service prior to the date
the effectiveness of this law, the date of putting into operation of pumping station
under section 6 (1). 2 (a). (d)) means the date of its entry into service
the person who was the owner of the gas station at the date of acquisition
the effectiveness of this Act.
(4) the owner of the gas station, which was put into service before the date of
the entry into force of this law, is obliged to the Ministry within 60 days from the date
date of entry into force of this Act, notify the information referred to in section 6 (1). 2.
PART THE SECOND
Amendment of the Act concerning the conditions of the use of vehicles on the road
section 13
Act No. 56/2001 Coll., on conditions for the operation of vehicles on the road
roads and on the amendment of the Act No. 168/1999 Coll., on liability insurance
for damage caused by operation of the vehicle and on the amendment of certain related
laws (the law on the liability insurance of the vehicle), as amended by
Act No. 309/1999 Coll., as amended by Act No. 478/2001 Coll., Act No.
175/2002 Coll., Act No. 320/2002 Coll., Act No. 193/2003 Coll., Act No.
103/2004 Coll., Act No. 186/2004 Coll., Act No. 235/2004 Coll., Act No.
411/2005 Coll. and Act No. 226/2006 Coll., is hereby amended as follows:
1. the title of section 77, under the designation: "Operational matter and lubricants".
2. In section 77, paragraph. 1, the first sentence shall be deleted.
3. Footnote No. 10 and 11, including the links to them are deleted.
4. In section 77, paragraph 2, including footnotes 10 and 11 is:
"(2) to drive the engine of the vehicle and to the lubrication, cooling and other
systems and equipment of the vehicle can only use fuel ^ 10) and
operational matter prescribed by the manufacturer of the engine, the system, or
device, or by the manufacturer of the vehicle. Operating materials used in the operation of the
road motor vehicles shall meet the requirements of its quality
provided for by specific legislation ^ 11) and Czech technical
standards.
10) § 2 (2). 1 (a). and Act No. 311)/2006 Coll., on fuels and
petrol stations of fuel and amending some related
laws (the law on fuels).
11) for example, Act No. 356/2003 SB., on chemical substances and chemical
products and amending certain laws, as amended. ".
5. Article 77, paragraphs 3 to 5 shall be deleted.
6. In section 80 (2). 5 the first sentence, the words "the quality of the fuel by the manufacturer,
the vendor and the importer "and" tracks and monitors the quality of the fuel
in accordance with the implementing regulation issued under section 77, paragraph.
5 "are deleted.
7. In section 80 (2). 5, the second and third sentences deleted.
8. In section 91, paragraph 2 shall be deleted.
Paragraphs 3 to 5 shall be renumbered as paragraphs 2 to 4.
PART THE THIRD
The amendment to the law on road traffic
§ 14
In section 19 of Act No. 13/1997 Coll., on the road, at the end of the
paragraph 2 shall be replaced by a comma and dot the following letter h) is added:
"(h)) to place or operate a mobile or portable device, which is
dedicated to the sale of liquefied petroleum gas (gas stations). ".
PART THE FOURTH
The EFFECTIVENESS of the
§ 15
This Act shall take effect on the first day of the third calendar month
following the date of its publication.
Zaorálek in r.
Klaus r.
Paroubek in r.
Selected provisions of the novel
Article. (II) Act No. 107/2007 Sb.
The transitional provisions of the
If the owner of a gas station under section 5 (3). 1 (a). (b)) Law No.
311/2006 Coll., on motor fuel and fuel service stations
and amending certain related laws (the law on fuels),
does not obtain a permit under section 5 (3). 2 the law on fuels to date
the entry into force of this law, you can sell or supply fuel
from this gas station without a permit under section 5 (3). 2 of the law on
fuels until 31 December 2004. October 2007; in compliance with this
the term is of § 9 (2). 1 (a). and the Act on) fuels for gas
station under section 5 (3). 1 (a). (b)) of the law on fuels
does not apply.
Article. (II) Act No. 91/2011 Sb.
The transitional provisions of the
Fuel distributors, who have started their activities before the date
the entry into force of this Act, are required to file a notice of the initiation of
the activities under Section 4a of the Act No. 311/2006 Coll., as amended, effective from the date of
the entry into force of this law, within 30 days from the date of entry into force of
of this law.
Article. (II) Act No. 234/2013 Sb.
Transitional provisions
1. A Distributor of fuel, which was registered in the register of distributors
fuel pursuant to Act No. 311/2006 Coll., as amended effective before the
date of entry into force of this law, is considered as a Distributor
fuel registered under Act No. 311/2006 Coll., as amended by
effective from the date of entry into force of this Act, for a period of 1 month
from the date of entry into force of this Act.
2. If the fuel distributor referred to in section 1, within 1 month from the date of
the entry into force of this Act shall submit an application for registration, and shall provide the
bail pursuant to § 6i law No 311/2006 Coll., as amended, effective from the date of
the entry into force of this law, shall be considered a fuel distributor
materials registered under Act No. 311/2006 Coll., as amended effective from
date of entry into force of this Act, until the day preceding the date of the
final completion of the registration procedure.
3. If the distributor fails to fuel the conditions referred to in point 2,
It is considered a distributor of fuel whose registration has been
cancelled on the day following the expiry of 1 month from the date of entry into force of
of this law.
4. If the application for marketing authorization pursuant to point 2, shall be considered as rejected
fuel distributor on the date of the entry into force of a negative
the decision for a distributor of fuel whose registration has been
cancelled.
5. If the fuel distributor filed within 1 month from the date of acquisition
the effectiveness of this law, the application for trade permissions for distribution
the fuel must not be the application for marketing authorization pursuant to point 2 of the rejected
due to non-compliance with the conditions referred to in section 6 paragraph 1(a). 1 (a). (b)) Law No.
311/2006 Coll., as amended, effective from the date of entry into force of this Act,
before deciding to trade the Office about this application.
Article. (VI) Law No 157/2015 Sb.
Transitional provisions
1. If a distributor of fuel, which was registered as a
distributor of fuel pursuant to Act No. 311/2006 Coll., as amended by
effective prior to the date of entry into force of Act No. 234/2013 Coll., shall submit a request
for a reduction of the deposit together with the application for registration within 3 months from the date of
the entry into force of this law, the Customs Office shall decide on these submissions
at the same time.
2. If the distributor fuel referred to in point 1 must meet the conditions for the
the reduction of the deposit referred to in section paragraph 6ib. 1 (a). and a and b) of the Act) No 311/2006
Coll., as amended, effective from the date of entry into force of this Act,
a continuous period of at least 2 consecutive years preceding the date of the
the entry into force of Act No. 234/2013 Coll., shall be deemed for the purposes of
the assessment of the application for a reduction in bail conditions referred to in section paragraph 6ib. 2 and 3
Act No. 311/2006 Coll., as amended, effective from the date of entry into force of
This Act, to have been fulfilled.
1) European Parliament and Council Directive 98/70/EC of 13 June 2002. October
1998 on the quality of petrol and diesel fuels and amending Council Directive No.
93/12/EEC.
Directive of the European Parliament and of the Council 2003/17/EC of 3 June 2003. March
2003, amending Directive 98/70/EC relating to the quality of petrol and diesel
diesel.
European Parliament and Council directive 2009/30/EC of 23 December 2003. April 2009,
amending Directive 98/70/EC as regards the specification of petrol,
diesel and gas oil, the establishment of a mechanism for monitoring and
the reduction of greenhouse gas emissions, and to Council Directive 1999/32/EC, as
about the specification of fuel used by inland waterway vessels, and that
repealing Directive 93/12/EEC
2) for example, Act No. 356/2003 SB., on chemical substances and chemical
products and amending certain laws, as amended, and
Act No. 86/2002 Coll., on the protection of the atmosphere and some of the other
laws (the law on the protection of the atmosphere), as amended.
3) Act No. 219/1999 Coll., on the armed forces of the Czech Republic, in the
as amended.
4) Act No. 153/1994 Coll., on the intelligence services of the Czech Republic, in the
as amended.
5) for example, Act No. 50/1976 Coll., on the territorial planning and building regulations
(the building Act), as amended by later regulations, and Act No. 133/1985 Coll.,
about fire protection, as amended, Act No. 86/2002 Coll.
on the protection of the air and amending certain other laws (the law on the protection of
the air), as amended, law no 353/2003 SB., about
excise tax, as amended, Decree No. 137/1998
Coll., on general technical requirements for the construction, Decree No.
369/2001 Coll., on general technical requirements for assurance
use of buildings by persons with limited mobility, and
Decree No 355/2002 Coll., laying down emission limits and more
the conditions for the operation of the other stationary sources of pollution
Air emitting volatile organic substances of processes with the
organic solvents and from the storage and distribution of petrol.
6 ČSN 73 6060).
7) Government Decree No. 178/2001 Coll., laying down the conditions of protection
health of workers at work.
8) Law No. 22/1997 Coll., on technical requirements for products, as amended by
amended.
Directive 94/9/EC.
9) Law No. 133/1985 Coll., on fire protection, as amended
for example, legislation, and ČSN, ČSN 65 0201 65 0202.
10) Law No. 239/2000 Coll., on the integrated rescue system and amending
certain acts, as amended.
11) Article. 8 (2). 3 European Parliament and Council Directive 98/70/EC of the
day 13. October 1998 on the quality of petrol and diesel fuels and amending
Council Directive 93/12/EEC, as amended by the directive of the European Parliament and of the
The Council 2003/17/EC and Commission decision 2002/159/EC of 18 June 2003. February
2002 on the singular form for the submission of summaries of the quality
fuels in each Member State.
12) Act No. 64/1986 Coll., on Czech commercial inspection, as amended by
amended.
section 2, paragraph 13). 2 of the commercial code.
14) Law No 353/2003 SB., on the excise tax, as amended
regulations.
15) Act No. 356/2003 SB., on chemical substances and chemical
products and amending certain laws, as amended.
