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To Change The Laws In Connection With The Adoption Of A Compulsory Labelling Of Alcohol.

Original Language Title: změna zákonů v souvislosti s přijetím z. o povinném značení lihu

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308/2013 Sb.



LAW



of 12 June. September 2013



amending certain laws in connection with the adoption of the law on

the compulsory labelling of alcohol



Change: 331/2014 Sb.



Parliament has passed the following Act of the Czech Republic:



PART THE FIRST



Amendment of the Act on the Czech commercial inspection



Article. (I)



In section 2a of law No. 64/1986 Coll., on Czech commercial inspection, as amended by

Law No. 407/2012 Coll., on the end of the text of paragraph 1 is replaced by the dot

the comma and the following point (e)), which read:



"e) duties in the marking and disposal of alcohol under the Act

governing the compulsory labelling of alcohol, if violations of these obligations

found in the performance of its other powers. ".



PART THE SECOND



The amendment of the law on misdemeanors



Article. (II)



Act No. 200/1990 Coll. on offences, as amended by Act No. 337/1992 Coll.,

Act No. 344/1992 Coll., Act No. 359/1992 Coll., Act No. 67/1993 Coll.

Act No. 290/1993 Coll., Act No. 134/1994 Coll., Act No. 82/1995 Coll.,

Act No. 237/1995 Coll., Act No. 279/1995 Coll., Act No. 289/1995 Coll.,

Act No. 111/1998 Coll., Act No. 168/1999 Coll., Act No. 360/1999 Coll.

Act No. 29/2000 Coll., Act No. 121/2000 Coll., Act No. 132/2000 Coll.

Act No. 151/2000 Coll., Act No. 258/2000 Coll., Act No. 361/2000 Coll.

Act No. 370/2000 Coll., the finding of the Constitutional Court, declared under no.

52/2001 Coll., Act No. 164/2001 Coll., the Act No. 254/2001 Coll., Act No.

265/2001 Coll., Act No. 273/2001 Coll., Act No. 274/2001 Coll., Act No.

312/2001 Coll., Act No. 6/2002 Coll., Act No. 62/2002 Coll., Act No.

78/2002 Coll., Act No. 216/2002 Coll., Act No. 259/2002 Coll., Act No.

285/2002 Coll., Act No. 312/2002 Coll., Act No. 320/2002 Coll., Act No.

218/2003 Coll., Act No. 274/2003 Coll., Act No. 362/2003 Coll., Act No.

47/2004 Coll., Act No. 436/2004 Coll., Act No. 501/2004 Coll., Act No.

559/2004 Coll., Act No. 585/2004 Coll., Act No. 95/2005 Coll., Act No.

379/2005 Coll., Act No. 392/2005 Coll., Act No. 411/2005 Coll., Act No.

57/2006 Coll., the Act No. 76/2006 Coll., Act No. 80/2006 Coll., Act No.

115/2006 Coll., Act No. 135/2006 Coll., Act No. 181/2006 Coll., Act No.

213/2006 Coll., the Act No. 216/2006 Coll., Act No. 225/2006 Coll., Act No.

226/2006 Coll., Act No. 215/2007 Coll., the Act No. 344/2007 Coll., Act No.

376/2007 Coll., Act No. 129/2008 Coll., Act No. 274/2008 Coll., Act No.

309/2008 Coll., Act No. 314/2008 Coll., Act No. 484/2008 Coll., Act No.

41/2009 Coll., Act No. 52/2009 Coll., Act No. 306/2009 Coll., Act No.

346/2009 Coll., Act No. 150/2010 Coll., Act No. 199/2010 Coll., Act No.

133/2011 Coll., Act No. 366/2011 Coll., Act No. 142/2012 Coll., Act No.

237/2012 Coll., Act No. 390/2012 Coll. and Act No. 494/2012 Coll., amended

as follows:



1. In section 18, paragraph. 1 (a). and), the word "or" is deleted.



2. In section 18, paragraph. 1 at the end of the text of subparagraph (b)) following the word ",

or ".



3. In section 18, paragraph. 1, point (b)) the following point (c)), which read:



"(c)), the owner is not known.".



PART THE THIRD



Amendment to the Trade Licensing Act



Article. (III)



In section 60a paragraph. 2 of Act No. 455/1991 Coll., on trades

(Trade Act), as amended by law no 407/2012 Coll.,

"control", the words "compliance with the obligations in the labeling of alcohol and

the handling of alcohol according to the law governing the compulsory labelling of alcohol, if

violation of these obligations found in the performance of its other scope ".



PART THE FOURTH



The amendment to the law on alcohol



Article. (IV)



Law No. 61/1997 Coll., on alcohol and amending and supplementing Act No. 455/1991

Coll., on trades (Trade Act), as amended by

amended, and the Act of the Czech National Council No. 586/1992 Coll., on the

excise tax, as amended, (the law on alcohol), in

the text of Act No. 129/1999 Coll., Act No. 22/2000 Coll., Act No. 354/2003

Coll., Act No. 186/2004 Coll., Act No. 75/2006 Coll., Act No. 37/2008

Coll., Act No. 281/2009 Coll., Act No. 95/2011 Coll., Act No. 375/2011

Coll. and Act No. 18/2012 Coll., is hereby amended as follows:



1. In section 4, paragraph 4. 9, after the word "sale", the words ", or the subject of the

storage in a space in which to sell spirit drinks for direct

personal consumption or for other direct personal use of a natural person ".



2. In section 17(2). 1 the letter j) is added:



"j") in contravention of section 4, paragraph 4. 9



1. offers for sale or sells Fruit distillate made cultivation

Tan, or



2. stored Fruit distillate produced by cultivation in the area, the Tan

in which the spirits are sold for personal consumption or for the

other direct personal use of a natural person. ".



3. In section 17a, paragraph. 1, letter a) is added:



"and contrary to §) 4 (4). 9



1. offers for sale or sells Fruit distillate made cultivation

Tan, or



2. stored Fruit distillate produced by cultivation in the area, the Tan

in which the spirits are sold for personal consumption or for the

other direct personal use of a natural person ".



PART THE FIFTH



Amendment of the Act on the State agricultural and food inspection



Article. In



Act No. 146/2002 Coll., on the State agricultural and food inspection and

changes to some related laws, as amended by Act No. 309/2002 Coll.

Act No. 94/2004 Coll., Act No. 316/2004 Coll., Act No. 321/2004 Coll.

Act No 444/2005 Coll., Act No. 120/2008 Coll., Act No. 281/2009 Sb.

Law No. 291/2009 Coll. and Act No 407/2012 Coll., is hereby amended as follows:



1. In section 3, at the end of paragraph 3, the dot is replaced by a comma and the following

the letters also) to) the following:



"i) checks the compliance with the obligations in the marking and disposal of

alcohol according to the law governing the compulsory labelling of alcohol, if the infringement of the

These obligations when it finds the performance of his other scope,



j) monitor compliance with the obligations under the law on the labelling of spirit drinks

governing food,



to monitor compliance with the obligations laid down) for traceability

food according to Regulation directly applicable European Union legislation

the General principles and requirements of food law. ".



2. In section 3, paragraph 3. 4 letter from):



"the administrator shall inform without delay from) the excise tax and the municipal business license

the authority shall, if it finds that the



1. the obligation was violated when the marking of tobacco products,



2. a breach of ban on the sale of spirits and tobacco products, or



3. the obligation was violated when the marking of ethyl alcohol, or dealing with alcohol ".



3. In section 11 (1). 1 letter d) including footnote 21 reads:



"d) breach of an obligation set by directly applicable provision of the European

Union ^ 21) governing the requirements for agricultural products.



for example, 21) European Parliament and Council Regulation (EC) No 178/2002 of

28 June. January 2002 laying down the General principles and requirements of

of food law, establishing the European food safety authority and

lays down the procedures relating to food safety. ".



PART SIX



The amendment to the law on excise duties



Article. (VI)



Law No. 353/2003 SB., on the excise tax, as amended by Act No.

479/2003 Coll., Act No. 235/2004 Coll., Act No. 313/2004 Coll., Act No.

558/2004 Coll., Act No. 693/2004 Coll., Act No. 179/2005 Coll., Act No.

217/2005 Coll., Act No. 377/2005 Coll., Act No. 379/2005 Coll., Act No.

545/2005 Coll., Act No. 310/2006 Coll., Act No. 575/2006 Coll., Act No.

261/2007 Coll., Act No. 270/2007 Coll., Act No. 296/2007 Coll., Act No.

37/2008 Coll., Act No. 124/2008 Coll., Act No. 245/2008 Coll., Act No.

309/2008 Coll., Act No. 87/2009 Coll., Act No. 281/2009 Coll., Act No.

292/2009 Coll., Act No. 362/2009 Coll., Act No. 59/2010 Coll., Act No.

95/2011 Coll., Act No. 221/2011 Coll., Act No. 420/2011 Coll., Act No.

457/2011 Coll., Act No. 458/2011 Coll., Act No. 18/2012 Coll., Act No.

407/2012 Coll. and Act No. 500/2012 Coll., is hereby amended as follows:



1. In section 76, the existing text shall become paragraph 1 and the following

paragraph 2, which reads as follows:



"(2) of the Bill, who is a registered person in accordance with the Act on mandatory

signs of alcohol, shall tax return electronically.



2. In article 115, paragraph. 1 the words "municipal živnostenskému the Office" be replaced by

the words "other authorities competent for examining compliance with the obligations in

the labelling of tobacco products ".



3. In article 134, paragraph. 1 the words "municipal živnostenskému the Office" be replaced by

the words "other authorities competent for examining compliance with the prohibition on the sale

spirits and tobacco products ".



4. In section 135zt paragraph. 4 and in section 135zy paragraph. 4, the words "paragraph 1"

replaced by the words "paragraphs 1 to 3".



PART SEVEN



The amendment to the law on the customs administration of the Czech Republic



Article. (VII)



In § 58 paragraph. 1 of law No 17/2012 Coll., the customs administration of the Czech Republic,

for the letter m) the following letters n) to q) are added:



"n) from a central registry of road vehicles,



a central register of drivers),



p) from the basic registry of legal persons, engaged in physical

individuals and public authorities,



q) from the agendového information system of aliens ".



Letter n) is referred to as the letter r).



PART EIGHT



The change of the Customs Act



Article. (VIII)



Act No. 13/1993 Coll., the Customs Act, as amended by Act No. 35/1993 Coll.

Act No. 113/1997 Coll., no 63/2000 Coll., Act No. 257/2000 Coll., Act

No. 265/2001 Coll., Act No. 1/2002 Coll., Act No. 309/2002 Coll., Act

No 322/2003 Coll., Act No. 356/2003 Coll., Act No. 186/2004 Coll., Act

No 413/2005 Coll., Act No. 79/2006 Coll., Act No. 267/2006 Coll., Act

No 342/2006 Coll., Act No. 170/2007 Coll., Act No. 296/2007 Coll., Act

No 136/2008 Coll., Act No. 41/2009 Coll., Act No. 218/2009 Coll., Act

No 227/2009 Coll., Act No. 281/2009 Coll., Act No. 104/2011 Coll., Act

No 457/2011 Coll., Act No. 458/2011 Coll. and Act No. 18/2012 Coll.,

amended as follows:



1. In section 53, the word "State" be deleted.



2. Footnote. 21st is repealed, and including a link to the note

under the line.



3. In section 298, at the beginning of paragraph 5, the following sentence "administrative offences according to the

of this law in the first instance dealt with the Customs Office. ".



PART NINE



Amendment of the Act on measures concerning the import, export and back

the export of goods infringing certain intellectual property rights



Article. (IX)



The Act No. 191/1999 Coll., on measures relating to the import, export and

the re-export of goods infringing certain intellectual property rights


and amending certain other acts, as amended by Act No. 121/2000 Coll.

Act No. 260/2002 Coll., Act No. 255/2004 Coll., Act No. 173/2007 Coll.

Act No. 41/2009 Coll., Act No. 219/2011 Coll., Act No. 458/2011 Coll.

Act No. 18/2012 Coll., is hereby amended as follows:



1. In article 29, paragraphs 1 and 2, including the footnote No 48 and shall be deleted;

at the same time, paragraph 3 is deleted.



2. The provisions of section 30a, including footnotes, no 52 is deleted.



3. The provisions of section 31 c, including the title.



PART TEN



Amendment of the Act on the treatment of rough diamonds, on the conditions of their

import, export and transit of and amendment to certain laws



Article. X



Act No. 440/2003 Coll., concerning the handling of rough diamonds, on the conditions

their import, export and transit of and amendment to certain laws, as amended by

Law No 60/2005 Coll., Act No. 413/2005 Coll., Act No. 70/2006 Coll.

Act No. 296/2007 Coll., Act No. 124/2008 Coll., Act No. 254/2008 Coll.,

Act No. 227/2009 Coll., Act No. 281/2009 Coll., Act No. 187/2011 Sb.

Act No. 18/2012 Coll., is hereby amended as follows:



1. In section 33, paragraph. 1 the words "(hereinafter referred to as" inspectors ") ' shall be deleted.



2. In article 33, paragraphs 2 to 12, including footnotes 12 and 13

be deleted and paragraph 1 shall be deleted.



PART ELEVEN



cancelled



Article. XI



cancelled



Article. XII



cancelled



PART OF THE TWELFTH



The EFFECTIVENESS of the



Article. XIII



This Act shall take effect on the first day of the second calendar month

following the date of its publication, with the exception of the eighth through tenth,

which shall take effect on 1 January 2005. January 2014.



Zeman in r.



Samantha r in r.