539/1992 Sb.
LAW
from day 4. November 1992
about puncovnictví and testing of precious metal (assay)
Modified: 20/1993.
Change: 127/2003 Coll.
Change: 127/2003 Coll. (part)
Change: 127/2003 Coll. (part)
Change: 157/2006 Sb.
Change: 130/2008 Sb.
Change: 227/2009 Sb.
The Federal Assembly of the Czech and Slovak Federal Republic
committed to this Act:
PART THE FIRST
Introductory provisions
TITLE I OF THE
§ 1
The subject of the edit
The Act regulates the
and puncovnictví and testing) of precious metals,
b) rights and obligations of legal entities and natural persons that manufacture,
sold or otherwise marketed products of precious metals.
Definition of terms
§ 2
Precious metals
Precious metals are, for the purposes of this Act, gold, silver, Platinum,
Palladium, iridium, rhodium, ruthenium, and osmium.
§ 3
Articles of precious metal
(1) articles of precious metal shall, for the purposes of this Act shall be deemed to
and jewellery, fashion jewellery,) medailérské, and goldsmiths ' and silversmiths ' other
products from alloys of gold, silver or Platinum, that can be
combined with natural or synthetic stones, pearls, enamel,
Coral, glass and other non-metallic materials (hereinafter referred to as "goods"),
b) jewellery alloys, semi-finished products and solders of the precious metals (hereinafter referred to as
"jewellery alloys"), for the manufacture and repair of the goods,
c) alloys of precious metals used in dental care (hereinafter referred to as ' dental
precious metals "),
d) Czech coins from precious metals issued under a special legal
předpisu1) (hereinafter referred to as the "Czech coins"),
e) card gold and silver,
f) worn, incomplete or damaged goods traded for
the price of the precious metal contained in it (hereinafter referred to as "fractions").
(2) the goods shall, for the purposes of this Act shall not be considered
and the gold of) products of a purity of less than 333/1000,
b) silver filigree of a fineness of less than 500/1000,
c) products from Platinum of a fineness of less than 800/1000,
d) apparatuses, tools and other articles of precious metal designed to
technical, scientific, laboratory, teaching or similar purposes,
regardless of their purity.
(3) the goods is allowed to produce in this country or abroad for the
trading in the territory of the country to import only if it has a legal fineness,
as provided for by law (§ 5).
§ 4
For the purposes of this Act, means the
and domestic goods) goods produced in the territory of the country after the entry into force of
This Act, including goods that was a substantive editing other
the goods,
(b)) a foreign goods goods imported from abroad after the entry into force of this
the Act an entrepreneur, ^ 2) whose business includes trading
articles of precious metals (hereinafter referred to as "Merchant"),
(c) the goods presented by the old) to assay the control in each
pieces of different designs, and which
-It is an older or non-origin, or
-has undergone assay control, domestic or
-It is presented by a person other than the manufacturer or importer, or
-It is presented by a person without a trade or other permissions to
business,
(d) the corrected officially marked goods) goods in respect of which it must be when you
fix replaced part marked with the hallmark brand, or which
repair assay must be damaged if the customer repair brand
in writing requested that the reconstruction was carried out without the official designation,
e) registered alloy jewellery alloy, which is registered in the
the list of registered alloys (§ 49),
(f)) by the manufacturer, entrepreneur, ^ 2) whose scope of business includes the manufacture or
to repair the goods, or the production or processing or the production of jewellery alloys
Czech coins or dental precious metal. The manufacturer is also the person
which one of these activities is operated on the basis of other than
business license ^ 2a) and its activities in the area of production or
repair of the goods lies in the implementation of the results of their own intellectual creation
activities protected by a special law. ^ 2b)
g) procurement of sales trading, including the sale, offering for sale,
purchase for the purpose of further sale and sale of used goods,
h) trade mark is usually a two-to three-digit alphanumeric character,
allocated Puncovním authority (section 6), based on the first and last names or
trade name of the manufacturer, with additional characters, located in
the document describing the borders, intended for labelling the manufacturer
produced goods,
I) liability typically two to mark three-digit alphanumeric character,
allocated Puncovním authority (section 6), based on the first and last names or
the merchant's business name, with additional characters, located in
the document describing the borders, intended for marking of the trader
of the imported goods.
§ 5
The legal fineness
(1) Purity means the relative weight of precious metal content in the alloy
expressed in 1/1000ths of (1/1000), so that the pure metal has a purity equal to 1000/1000.
Legal ryzostmi are
and gold) for goods
ryzost č. 0 ........................................... 999/1000
ryzost č. 1 ........................................... 986/1000
ryzost č. 2 ........................................... 900/1000
ryzost č. 3 ........................................... 750/1000
ryzost č. 4 ........................................... 585/1000
(b)) for goods silver
ryzost č. 0 ........................................... 999/1000
ryzost č. 1 ........................................... 959/1000
ryzost č. 2 ........................................... 925/1000
ryzost č. 3 ........................................... 900/1000
ryzost č. 4 ........................................... 835/1000
ryzost č. 5 ........................................... 800/1000
(c)) for goods Platinum
ryzost č. 0 ........................................... 999/1000
ryzost č. 1 ........................................... 950/1000
ryzost č. 2 ........................................... 900/1000
ryzost č. 3 ........................................... 850/1000
the purity of no 4..........................................., 800/1000.
(2) the purity of 580/1000 the Golden old item is considered the lowest
legal purity.
TITLE II
§ 6
Authorities puncovnictví and testing of precious metals
State administration in the field of puncovnictví and testing of precious metals they perform
under this Act, and the special legal Department předpisu2c)
trade and industry (hereinafter referred to as "the Ministry") and assay Office. ^ 2 c)
§ 7
cancelled
PART TWO
Hallmark review
TITLE I OF THE
The subject and scope of the assay controls
§ 8
Assay control consists in verifying and validating the purity and the prescribed
the status of the goods, which are provided by law. The result of the assay
control is the official description of the assay mark of the applicable statutory
purity (hereinafter referred to as "hallmark brand") or in any other way laid down by
This Act or breakage (section 22 (1)).
§ 9
(1) the compulsory assay control, unless it is otherwise stipulated (§ 27 a
§ 50 para. 1 and 2), subject to the
and) domestic and foreign goods, intended for trading in the territory of the country,
(b) in the case of goods) the old, that should be the subject of trade,
c) corrected the item.
(2) the other old goods can be presented to the assay control.
TITLE II
Testing of goods
§ 10
Domestic goods
(1) Domestic goods, the manufacturer shall submit to the assay inspection complete,
cleaned and in such a condition that it can be tested and mark without
excessive manipulation. The goods must be produced to the extent that, after
the description could not be corrupted, changed the brand of the assay or
deleted.
(2) the manufacturer is obliged to notify in writing the submission type, weight,
the number of pieces and the purity of domestic goods. If domestic goods
made of alloy, other than registered, the manufacturer must at
the submission also in writing of the nature and quantity of used in the alloy
metals.
(3) the goods must be constructed in such way that it can be durably
mark the hallmark brand name, if the manufacturer agrees with Puncovním Office
exceptionally different.
(4) submitted by the domestic goods, the manufacturer shall durably mark allocated
trade mark on a place that sets out the assay Office, in such a
way that it can be placed next to the hallmark brand.
§ 11
Foreign goods
(1) foreign goods, except in the case referred to in paragraph 4 shall submit to the
assay control of trader that is imported, together with the decision in
the customs procedure of release for free circulation of foreign goods. ^ 4)
(2) the trader is obliged to submit the foreign goods to the assay inspection
no later than 30 days from the decision referred to in paragraph 1.
(3) Foreign goods presented for assay inspection is required to
durably marked durably mark or have allocated
the responsibility of the marker on the site, which provides for the assay Office to
next to it was possible to place the assay mark.
(4) foreign goods that originate in a Member State of the European Union and that
is not officially marked pursuant to § 50 para. 2, be submitted to the assay inspection
a trader who is imported together with supporting evidence of its origins.
(5) the provisions of § 10 para. 1 to 3 apply for submission of foreign goods
by analogy.
§ 12
Old and refurbished goods
(1) Old items that should be subject to trading shall be presented to
assay control trader with an indication of the number, type and weight
the old goods.
(2) to the assay inspection referred to in paragraph 1 may present the goods and old
a person other than a businessman.
(3) the corrected item be submitted to the manufacturer together with the control assay
the exchanged part of it.
section 13 of the
Any failure by a person who has an obligation to present the goods (hereinafter referred to as
"submitter") the obligations referred to in section 10, section 11 (1) 1, 3 to 5 and article 12,
assay Office does not accept the goods to the assay control.
§ 14
Assay of goods
(1) the purity Test performed on the assay Office prubířském stone
or other non-destructive way or chemically.
(2) Chemical purity test of goods (hereinafter referred to as "test")
performs the assay Office in the event that domestic or foreign goods is
made from a non-registered or if non-destructive alloy
the test referred to in paragraph 1 is not conclusive.
(3) in the case of the old goods or repaired goods can perform the assay Office
chemical test without the consent of the petitioner. The refusal of the
the submitter of the consent, the old assay Office or repaired goods
returns.
(4) to perform chemical tests is entitled to remove assay Office
the required sample of the test item, if it does not submit the opponent.
TITLE III
Prescribed condition of the goods
§ 15
Allowed combinations
(1) the goods presented for assay inspection can be made from the same
various legal purity of precious metal or precious metals.
(2) the components needed to achieve the necessary strength and elasticity goods
can be made of base metal; in other cases, it is
need the prior consent of the assay Office. Parts of base metal
must be easily recognizable and if it is technically possible, marked
signed "METAL".
(3) for jewellery alloys used in the manufacture of the goods, the manufacturer or
importer to ensure its chemical examination to purity; alloy can
In addition to the basic precious metals include only metals in use
He admits the detailed prescription. The metals content in 3/1000
not taken into account.
(4) the Plating of the goods may be performed only to the extent that the
non-destructive examination to determine the possible content of the precious metal in the base
the alloy. It is not permitted to goods of precious metal plating coating of
metal, even in the form of interlayer.
(5) a derogation from paragraphs 3 and 4 may, where justified, grant
Assay Office.
section 16 of the
Soldering of the domestic or foreign goods
(1) for soldering of goods, with the exception of Platinum, the goods must be used
the solder from the same precious metal, which is made of the goods. For soldering
Platinum item can be used to solder gold.
(2) for soldering of goods you can use only solder on purity laid down in
in the implementing rules.
(3) the use of other non-metallic material of solders or merger is possible
only after the prior consent of the assay Office or, in the cases
laid down in the implementing regulation.
(4) when soldering silver and Platinum items may only be used to solder
only in quantities strictly necessary to connect; must not be used to
amplifying or filling out the goods.
§ 17
The provisions of sections 15 and 16, the old and the repaired goods shall apply mutatis mutandis.
TITLE IV
The official labelling and handling of defective goods
section 18
The item that is legally the purity, the prescribed status and meets legal
^ regulations 4a) assay Office marks the durably assay
mark or is otherwise marks under this Act. If it has a
goods malfunction that can be deleted, shall issue to the assay Office goods
the petitioner and the designation shall be made after its removal.
§ 19
For each legal purity and precious metal assay is established brand.
The special hallmarks are for the old item, which is less than
the lowest legal purity. The representation and description of puncovních brands, as well as
the sign of a "METAL", lays down the detailed prescription.
section 20
(1) the Assay mark for the next lower legal purity Assay marks
the Office of the item that has a different purity than legally, but higher than the
the lowest legal purity.
(2) goods made of precious metal, two or more different
legal purity assay mark lower marks, or the lowest
legal purity.
(3) If the goods are made of more precious metals,
the corresponding puncovními signs for the precious metals, taking
the metal tag, of course, which is used less than one fifth of the
the weight of the subject and whose weight is less than 0.5 gram.
(4) in the case of an agreement under section 10, paragraph 1. 3 or if it is mainly due to
character, shape or dimensions appropriate assay Office marks the goods
hanging up seal with assay mark or the issuance of a certificate.
section 21
(1) if the gold or silver old goods prescribed status, and does not have a
the lowest legal purity (§ 5), mark the hallmark brand for the old
of the goods.
(2) if the goods cannot be without damaging the old mark durably assay
the brand name, it marks the assay Office hanging seals with assay mark
or the issuance of a certificate.
(3) the provisions of paragraphs 1 and 2 shall apply by analogy to the repaired goods.
Handling of defective goods
section 22
(1) the goods, except for goods of the old or repaired, which does not meet the
genuineness or does not have the prescribed State assay Office breaks, if it is not
unless provided otherwise below.
(2) the breaking and unmarked old or repaired goods returns
Assay Office to the petitioner.
(3) Domestic and foreign goods can break up the assay Office, where
and against the decision of the assay Office) can no longer be appealed
(sections 25 and 26)
(b) the petitioner the right to) an appeal is expressly waived,
c) after fulfilling the conditions referred to in points (a) or (b)), the offeror)
foreign goods not under section 23.
Article 23 of the
(1) if the offeror within seven days of receipt of the notification of the result
assay the assay Office checks shall confirm in writing that the objectionable foreign
goods exported outside the territory of the Czech Republic, and in the next 20 days to lodge
The assay Office cash security equal to twice the value of expensive
metal contained in foreign goods, the assay Office the goods to him.
(2) where the offeror within the time limit fixed by the Office during Puncovním
the release of the goods referred to in paragraph 1, that the goods exported outside the territory of the United
the Republic assay Office him cash certainty of returns; otherwise,
the money shall be forfeited in favor of the State budget. The time limit of
shall not be less than 15 days.
(3) referred to in paragraph 1, the submitter even after the decision to
one of the remedies (§§ 25 and 26).
(4) pending the entry into force of the Treaty of accession of the Czech
Republic to the European Union, the requirement to export foreign goods out of the territory
The United States referred to in paragraphs 1 and 2 shall not be considered to be fulfilled if the
goods exported to the territory of the Slovak Republic, except in cases where the
This item was in the territory of the Czech Republic from the Slovak Republic
imported.
section 24
Assay Office is entitled to delete the item from the data, which could
mislead by its fineness, weight or condition. The following information is
shall be entitled to remove and from articles that are interchangeable goods.
TITLE V OF THE
Remedies
§ 25
Appeal
(1) appeal against the result of the assay control (section 8)
the appeal, which shall be repeated assay or
prescribed condition of the goods.
(2) the notice of appeal is served the assay Office, within seven days from the date of
notification of the result of the assay control. On the appeal shall be decided by the assay
the Office. Appeal against the outcome of the assay inspection according to § 18 and 21 does not have
suspensory effect.
(3) if the appeal is directed against the outcome of the Hallmarking of the goods (article 14),
assay Office performs repeated the test chemical.
(4) if the reasons for this, the assay Office in appeal proceedings the goods
officially designated or original designation changes or is removed; otherwise,
the result of the assay control.
(5) no appeal is permitted after the submitter made in accordance with §
23 para. 1.
section 26
The request for the final evaluation of the purity of the goods
(1) an appeal against a decision on an appeal is a request for
the final evaluation of the purity of the goods.
(2) an application for the final evaluation of the purity of the goods shall be made in writing
the head of the assay Office within seven days from the date of notification of the decision of the
the appeal. On the request shall be decided by the head of the assay Office on the basis of
established by the Commission proposal.
(3) the decision on the request for the final evaluation of the purity of the goods shall
cannot be appealed.
(4) the provisions of § 25 para. 3 to 5 shall apply mutatis mutandis.
TITLE VI OF THE
Exceptions to the assay control and compensation
section 27 of the
(1) the compulsory assay is not subject to control
and goods)
1. enamel completely coated,
2. where the precious metal due to the weight of the other
the materials of inferior significance (e.g. the only closures or spectacle frames
handles stones, tabs)
3. the very low mass not exceeding the limit specified in the implementing
rules,
b) foreign goods placed in a customs control in transit ^ 5) or to the
economic effect mode, ^ 5a)
c) domestic goods intended for release for export, ^ 5b)
(d)) the old goods referred to in the implementing rules.
(2) the goods referred to in paragraph 1 (b). (c)) may be submitted for assay
check; in order to be officially marked, such goods shall comply with the
the conditions laid down by law.
(3) the Assay inspection are not subject to Czech and foreign coins, and even
If they are a part of the goods which are subject to this inspection and are with him
loosely associated.
(4) in case of doubt, whether the goods are subject to assay inspection, shall decide
Assay Office.
section 28
(1) the goods referred to in section 27 para. 1 (b). and point 3 of the manufacturer), or
trader mark number expressing the corresponding durably purity
(hereinafter referred to as "ryzostní"). If it is, in particular, because of the nature,
the shape or the size of the goods appropriate assay Office shall proceed pursuant to section 20
paragraph. 4.
(2) Officially unmarked goods referred to in section 27 para. 1 (b). and), if
otherwise complies with the conditions laid down by this law, and also officially
the unmarked goods referred to in section 27 para. 1 (b). (d)) may be subject to
trading in the territory of the country.
section 29
Liability for damage
(1) the assay Office is responsible for the damage, loss or destruction of the goods,
taken in order to implement the compulsory assay control, unless
the damage occurred.
(2) the assay Office is not responsible for damage, if
and damage to goods) is the result of a chemical test, if it
Assay Office was done properly and under this Act to
the implementation of authorised
b) assay Office in accordance with this law, domestic or foreign goods
broke.
(3) in other cases corresponds to the assay Office under the provisions of
General rules on liability.
PART THREE
Testing other products and goods of precious metals
section 30
Czech coins
Manufacturer of Czech coins is obliged to submit to the authority of the assay samples
the excavation to verify purity. Without the consent of the assay Office can
pass the excavation to the customer; the provisions of the specific regulations this ^ 6)
without prejudice to the.
section 31
Dental precious metals
(1) Dental precious metals may be the subject of trade or be
otherwise put into circulation only under the condition that they do not endanger the health of persons or
the environment. This condition shall be considered satisfied if the following
metals meet the requirements of specific legislation. ^ 6a)
(2) the producers or traders are required to submit the assay Office
According to his instructions, samples of dental precious metal to verify purity.
§ 32
Gold and silver card
(1) verifies the assay Office at the request of the purity of gold leaf or
Silver. Gold or silver card shall be submitted for verification of the pureness in
book.
(2) if found the purity of gold or silver leaf corresponds to the
purity declared on the packaging of books, verifies the assay Office of a purity by
on the packaging the Books publishes the official stamp.
(3) to verify the purity of removes the assay Office at random sample in the range
up to 1% of the total number of seats, but at least one piece; for the removed
the pattern is not a substitute.
§ 33
Things made of precious metals
(1) on the request of the assay Office checks the content of precious metals in the submitter
the submitted cases, jewellery alloys, fractions, or
samples that are not subject to the compulsory assay control. If it is appropriate to
and with the consent of the petitioner, the assay Office submitted to the thing,
a jeweller's, a fraction of the alloy or pattern to translate into or otherwise adjusted. About
the result of the official findings.
(2) the assay Office marks the only bullion which it itself ztavil from the
the submitted products from precious metals, semi-finished products, including other bars,
fractions or waste of precious metal. A ligature marks the assay Office
stamping an official character. If size permits it, go on slitku
the assay office number, where the purity and weight of the slitku,
otherwise, the following information shall be indicated in the attached official award.
(3) the assay Office does not detect and verify the content of precious metals,
If you perform the required acts not in its technical possibilities.
§ 34
For testing other products and goods of precious metals, the provisions of §
25 and 26.
PART FOUR
OBLIGATIONS OF PRODUCERS AND TRADERS, MANUFACTURERS AND TRADERS REGISTER
§ 35
(1) manufacturers and dealers are obliged, within 15 days from the start of the activity
The assay Office in writing of the
and) name and surname or business name, social security number, if
granted, it was not assigned a date of birth, address or place of residence,
place of business and address ^ 6b) for correspondence, if different from the location
business establishments, including their addresses, if they are established,
the identification number of the person (hereinafter referred to as "identification number"), if the
granted, the nature of its activities with precious metals, in the case of a natural person,
or
(b)) trade name or name, registered office, establishment, including their addresses,
If they are established, the identification number, if assigned, the name and
last name, address or place of residence of persons who are the statutory body
or a statutory body, the nature of its activities with precious metals,
in the case of a legal person.
(2) manufacturers and dealers to the notification referred to in paragraph 1 shall be submitted
The assay Office a certified copy of a valid identity card trade
permission and a copy of a valid extract from the commercial register, if it
the manufacturer or the trader is written.
(3) an establishment referred to in paragraph 1 shall be treated as an establishment by
special legislation. ^ 6 c) Goods or other products from
precious metals can be traded at the e-mail address in the information
System (hereinafter referred to as "email address"). Commencement and termination of the activities of the
in the establishment and the electronic address of the manufacturers and dealers are obliged to
the assay Office at least notify 3 days in advance.
(4) in the notice referred to in paragraph 3, the manufacturer or the trader shall
and) name and surname or business name,
(b)) identification number, if assigned,
(c) the addresses of the premises where appropriate) e-mail address,
(d)) date of commencement and termination of the operation of the activities in the establishment and
electronic address.
(5) manufacturers and dealers are obliged to notify the Office in writing by the assay
and document the changes to the data referred to in paragraph 1 within 15 days of their creation
including the documents referred to in paragraph 2.
(6) the obligations referred to in paragraphs 1 to 5 shall apply mutatis mutandis to persons
the seller of the goods, which is the result of their intellectual creative activity
protected by special legislation. ^ 6 d)
section 36
Mark may use only the manufacturer, which has been allocated and
It can only refer to goods made or complete.
§ 37
(1) manufacturers and dealers are required to keep a record of the weight and
the purity of precious metal used and stored.
(2) manufacturers are obliged to keep records of manufactured goods by weight and
any repairs made and records of income, traders buy and sell
of the goods.
(3) in determining the weight of precious metal or of goods, producers and
traders are obliged to use fixed gauges. ^ 7) laid down by the meters
producers and traders should be equipped in every establishment where
for direct contact with customers. This obligation shall not apply to
traders who deal exclusively with silver goods, for which the
weight of one piece does not exceed 10 grams. Determination of mass of silver
and the silver of the goods is sufficient to perform with precision on whole grams,
other precious metals and gold and Platinum items on 0.05 grams.
The sale of goods
§ 38
(1) the traders may not do business with an officially non-branded goods or
such goods for trading or available for sale have to offer, if not in this
the Act provides otherwise.
(2) prohibition of sale of unmarked goods officially applies for
and the sale of goods) a judicial or administrative authority mandated under special
legislation, ^ 8)
(b) the sale of the pledged goods) zastavárníkem,
(c)) the sale of goods by public auction, ^ 9)
(d)) the sale of goods, which is the result of intellectual creative activity protected
Special special legislation. ^ 6 d)
§ 39
(1) the goods offered or intended for sale or for this purpose
must be stored at point of sale or in stock placed
visibly separate from other products; This also applies to the storage
officially unmarked goods not intended for trading and domestic goods
destined for export.
(2) Traders shall be required to issue the document in the sale of the nature,
price, weight and purity of the products sold from the precious metal. This is true even
When purchasing goods from fragments or customers. If, however, sale
Silver goods whose weight does not exceed 10 grams, this may not
an indication of the weight of the evidence.
(3) at the point of sale and must be located on an accessible and continuously
conspicuous place a representation of Czech puncovních brands.
(4) the provisions of specific regulations on the operation of the ^ 11) trade are not
without prejudice to the.
section 40
(1) Dealers who sell items of gold, silver, or
Platinum, which do not reach the fineness in accordance with § 3 (1). 2 or are completely out of
metal or nekovového material, even precious metal surface
modified, must not use the data for their sales, which could
mislead, that the goods referred to in paragraph 3, in particular, refer to
the subjects of the words gold, silver or Platinum, including the expressions derived
or translation into a foreign language (hereinafter referred to as "misleading labelling"). Deceptive
the designation is also the issue of goods goods of base metal or of another
material.
(2) Traders shall be required to the objects referred to in paragraph 1 shall clearly
mark and issue is visibly separately. The same applies to goods
made up of different purity, or from a variety of precious metals, especially
If the surface is modified so that it can invoke a confusing impression of your
the actual composition.
§ 40a
Register of manufacturers and traders
(1) the assay Office maintains a registry of producers and traders (hereinafter referred to as
"the register"). Are written to the registry
and natural persons) in the name and surname or business name, social security
number, if assigned, if assigned, date of birth, address,
or place of residence, place of business, and address for correspondence, if different
from the place of business of the address of the premises, if they are established, electronic
address, if established, the identification number, if assigned, sort of
operations with precious metals,
(b)) in the legal entity business name or the name, registered office, address
establishments, if established, electronic address, if established,
the identification number, if assigned, first and last name, address or
place of residence of persons who are a statutory body or a member of the statutory
authority, type of activity with the precious metals,
(c)) of the establishment, where the activity of precious metals,
d) start date of the operation of the activity with the precious metals, and the date of its
termination,
e) an overview of the inspections carried out and the penalties imposed,
(f) a representation of the product brands) (section 46), and liability (section 46a)
If they have been allocated.
(2) the registry is a public list, in part, in which the natural person
writes first and last name, business name, business location, kind of
operations with precious metals, the identification number of the establishment, electronic
address, the representation of the product brands and the responsibility of the brand, and in part, in
which the legal person writes the business name, address, type of activity
in precious metals, the identification number of the establishment, the e-mail address and
the representation of the product brands and the responsibility of the brand.
(3) in the registry in the part that is a public list, has the right to inspect
each, and take from it's listings or copies.
(4) the portion of the registry, which is a public list, can be written
request a copy of the issue, listing or the confirmation of a registration, or
confirmation that the notation is not here.
(5) the data referred to in section of the registry, which is a public list,
Assay Office exposes the way allowing remote access.
PART FIVE
The assay inspection
TITLE I OF THE
The rights and obligations of the assay inspection
§ 41
(1) the assay Office checks with manufacturers and retailers (hereinafter referred to as
"controlled person")
and whether the goods sold,) offered for sale or for this purpose
assay control and escaped the storage that is marked with the ryzostním
number, if the law provides
(b) the purity and composition) of dental precious metal alloys or,
(c) compliance with other obligations laid down) of this Act.
The controlled persons are required to provide employees with a Hallmark
the Office in the performance of checks on the necessary cooperation.
(2) employees of the assay Office in writing instructed his head or
designated person (hereinafter referred to as "inspectors") are entitled, in the exercise
the checks referred to in paragraph 1
and enter all production), storage or commercial spaces
and other areas related to the activities of the controlled person under
This law,
(b)) to inspect the registers kept by the person under this Act is to be controlled
or to the registers kept under other legislation, if it is related to the
the activities of the controlled person under this Act,
(c)) to perform a test of the purity of the goods and jewellery alloys or
Dental precious metal, including sampling, for this purpose are
entitled to request their submission; for this purpose shall be deemed to
goods as well as products made from materials other than precious metals, if they are
the locality of goods interchangeable,
d) goods for which reasonable suspicion that was in violation of this
the law was submitted to the assay inspection, remove, for the purpose of
perform or secure against tampering and
Save the person notice of the controlled his submission of the assay Office to
perform the assay control. For this purpose it shall be considered as goods and
products made from materials other than precious metals, if are visually with the
interchangeable goods.
(3) the taking of samples or goods and their weight issues the inspectors
a controlled person confirmation. Precious metal assay Office after samples
the test returns. With the removed goods disposed of according to the assay Office
Part II of this Act.
(4) the inspectors shall without undue delay, meet
a person with a controlled assay results of the inspection.
§ 42
(1) inspectors demonstrate their identity cards of the assay Office.
(2) the facts that constitute the manufacturing or business secrets of which
learned in the exercise of the inspection, the inspectors are required to maintain the
confidentiality, even after the performance of the duties of the Inspector.
(3) the obligation of secrecy in accordance with paragraph 2 may get rid of inspectors
the head of the assay Office.
TITLE II
The fine
§ 43
assay Office (1) impose a fine of up to 500 000 CZK in the case that
controlled person
and does not make a notification referred to in §) 35 or will make them late, or incomplete,
(b)) or liability used symbol in contravention of this Act
or allow such conduct,
(c) fails to comply with the obligations pursuant to §) 39 paragraph 2. 1 to 3 or § 40 paragraph 2. 2,
(d)) does not register that is required by law or it is led by an incompletely.
(2) the assay Office impose a fine of up to 1 000 000 Czk in the case that
controlled person
and traded with the officially non-branded) goods, which are subject to mandatory
assay control or such goods to trading or has for sale
offers,
b) traded goods in contravention of this Act is not marked
ryzostním number
c) forges or exploited the assay mark or traded goods, although there is a
It is well known that such a mark is marked,
(d) traded in goods marked) higher than the number ryzostním
the actual purity of this item,
e) commits in the sale of misleading labelling,
f) sells or otherwise puts into circulation dental precious metals that do not meet
conditions provided for in § 31 para. 1,
g) does not use the provided měřidla7) or is used without a valid verification
or is it does not have available in the establishment,
h) prevents the Inspector in the performance of the inspection, its performance makes it difficult, in particular,
the fact that he will not allow you to enter premises, inspect
registration or fails to provide the required goods or furnish the Inspector
within the time limit laid down by the Inspector the necessary cooperation,
I) commits the Act referred to in paragraph 1, repeatedly
j) within the period specified by the Inspector does not submit the goods to perform the assay
checks,
as a manufacturer of jewellery) or dental precious metal alloys
used these materials for jewellery production, or for dental purposes
or is it for these purposes States into circulation without the possession of a valid
certificate in accordance with the provisions of section 48.
(3) the assay Office impose a fine of up to 1 500 000 Czk in the case that
referred to in paragraph 2 (a). a) to (f)) controlled
person property benefits of a large extent ^ 12) that would otherwise
Hess.
(4) the assay Office impose a fine of up to $ 50,000 for failure to
the other obligations imposed by this Act.
§ 44
The imposition of fines
(1) if he is a controlled person more infringements, stores
assay Office her fine according to the provisions relating to the unlawful
the hearing is strictly outlawed.
(2) the procedure for the imposition of a fine pursuant to section 43 can only start the assay Office
within one year from the date of the infringement he learned
no later than three years from the date on which such action took place.
(3) in determining the amount of the fine takes account mainly of the assay Office
the severity, nature and the time of the infringement, to the extent caused by
the consequences and to the timeliness and effective cooperation in removing
deficiencies.
(4) the penalty is due within 30 days from the effective date of the decision of the
the imposition of fines. Fines are State budget revenue.
§ 45
(1) a penalty for acts pursuant to § 43 para. 1 to 4 stores and assay Office
a person who without the appropriate permission performs the same operation as
the manufacturer or trader.
(2) fine for the hearing pursuant to § 43 para. 2 (a). c) assay Office and stores
persons other than the manufacturer or the trader.
(3) a penalty for acts pursuant to § 43 para. 2 (a). (e)) and paragraph 2. 3 saves
Assay Office and persons who trade or when operating a business
businesses providing services ^ 13) commits a deceptive labeling.
(4) in the imposition of fines under paragraphs 1 to 3 shall be the provisions of § 44
by analogy.
PART SIX
Provisions common, transitional and final
Common provisions
§ 46
(1) the representation of the assay Office allocates production tags within 30 days from the date of
receipt of the request of the manufacturer. The manufacturer shall demonstrate the request a certified copy of a valid
trade licence and a certified copy of a valid extract from the commercial
the register, if the manufacturer's written in it. Close the losing
permission to use the manufacturer's mark and is obliged to make a written request
Assay Office about its cancellation.
(2) a person authorized in accordance with the special předpisem11) continue
activities, leaves the assay Office at the request of the same mark
the previous manufacturer.
(3) If multiple authorized persons referred to in paragraph 2, decide to Assay
the authority, which leaves a mark, unless such persons
in writing about the exclusive use of the production marks one of them.
(4) the representation of the assay Office marks shall be assigned by analogy with the production
paragraph 1 (i) the person whose goods is the result of intellectual creative activity
protected by a special law. ^ 6 d
section 46a
(1) the representation of the assay Office allocates liability tags within 30 days from the
receipt of the request of the trader. Close the losing trader
permission to use the brand and responsibility is required to make a written request
Assay Office about its cancellation.
(2) the provisions of § 46 para. 1 the second sentence and article 46 paragraph 2. 2 to 4 apply to
the responsibility of the tag accordingly.
§ 47
(1) on the territory of the Czech Republic shall not be allocated to the two identical or
interchangeable manufacturing or brand, or the responsibility of the production or
the responsibility of the marks that are identical or confusingly similar to a trade
mark. ^ 14)
(2) if the assay Office, that it was the responsibility of the production or brand
Once allocated, shall notify this fact to the following
affected manufacturer or trader and without application allocates another
production or the responsibility of the brand. The right of the manufacturer or the trader to
compensation is not this prejudice.
§ 48
(1) the manufacturer before using the activity consisting of the production
jewellery or dental precious metal alloys will ask the assay Office
on the issue of the certificate of compliance with the other conditions of professional competence for
its operation. By the time of its acquisition shall be made of materials
used for jewelry production or for dental purposes, nor to those
purposes put into circulation.
(2) the assay Office upon request, the manufacturer shall issue a certificate of compliance with the
other conditions for the operation of the production of jewellery alloys or
Dental precious metal, and after examining the reliability of the results
chemical testing and after an examination of technological level of their production.
If these conditions are not met, the assay Office shall reject the application.
(3) if the assay Office breaches of the conditions under which it was
certificate is issued, and does not remove the manufacturer's defects within the prescribed period,
Assay Office certificate to be withdrawn.
§ 49
(1) Jewelry alloy that has a legal fineness, matches the conditions
referred to in article 15, paragraph 2. 3 and 5, and has been chemically tested Puncovním
authority or by an authorised person, writes the assay Office on the basis of
the request of the manufacturer or the trader into the list of registered alloys; in
the request must include the manufacturer or trader composition of the alloy.
(2) will not allow the manufacturer or trader the assay Office to obtain the necessary
the amount of jewelry, alloy, the assay Office Registration does not.
§ 50
(1) for an officially designated under this Act is deemed to be goods that are marked
manner prescribed by the renowned international treaty binding on the Czech
Republic.
(2) for an officially designated goods shall be considered as goods which are examined and
marked by a competent independent authority of the Member State of the European Union
According to the laws of that State, in a way that spoke
and rozpoznatelně the purity of the goods according to the designation, equivalently
This law, if this designation was carried out markers used to
1. May 2004, or marks used later.
§ 51
For the actions of the assay Office is collecting fees laid down special
legislation. ^ 16)
§ 52
Trade Licensing Office shall send a copy of trade license ^ 17) issued by the manufacturer
or the trader also Assay Office, if requested to do so.
§ 53
For the proceedings under this Act, the General rules on administrative
control ^ 18) with variations referred to in this Act.
§ 54
(1) the Ministry shall issue a decree
and) details of the assay inspection and testing of products and goods of precious
metals,
(b) details of the marking of supply).
(2) the Ministry shall issue a decree to implement article 15, paragraph 2. 3, § 16 para. 2 and
3, § 7 and § 27 para. 1 (b). and point 3 (a)). (d)).
Transitional provisions
section 55
(1) notice of the commencement of activities, change its type and place taken
prior to the effective date of this Act shall be construed as acts pursuant to this
the law.
(2) the production marks allocated prior to the effective date of this Act,
remain in force.
§ 56
As officially designated under this Act is deemed to be goods labelled according to
regulations applicable in the today's territory of the Czech and Slovak Federal
States before the effective date of this Act, with the exception of
and the goods marked with puncovními marks), which were between 1938 and
1945 used by other States in this area,
(b) items marked with puncovními marks) for the purity of gold is less than
333/1000.
Final provisions
§ 57
Shall be deleted;
1. section 35 para. 2 of law No 30/1968 Coll., on State testing,
2. Decree of the Minister of metallurgical industry and the ore down the 93/1962 Coll.
Government service for precious metals, as amended by Decree No. 34/1968 Coll. and
Decree No. 154/1980 Coll.
3. section 7 (1). 2 (a). and the Federal Ministry of Finance) Decree No.
61/1986 Coll., on the interim administration of national property,
4. the Decree of the State Office of the planning No 216/1955 Ú.l. Management
industrial diamonds,
5. the Decree of the Ministry of light industry no 336/1952 Ú.l. (390/1952
[21]) on the collection of waste solid carbide (tvrdokovů) and waste
industrial diamonds.
§ 58
This Act shall take effect on 31 December. December 1992.
Stráský v.r.
in z. Grey pp
Selected provisions of the novel
Article II of Act No. 127/2003 Coll.
Transitional provisions
1. Product brands allocated Puncovním authority before the date of the acquisition of
the effectiveness of this law shall remain in force.
2. manufacturers and dealers are obliged to challenge the assay Office to supplement
information provided in § 35 within one month of its delivery.
3. Dealers shall be required, within six months from the effective date of
This Act, in a shop in an accessible place and permanently visible
place the representation of Czech puncovních brands.
4. For an officially designated under this Act is deemed to be goods that are marked
According to the regulations applicable in the today's territory of the Czech Republic and Slovakia
States before the date of entry into force of this Act, with the exception of
and the goods marked with puncovními marks), which were between 1938 and
1945 used on these areas in other States,
(b) items marked with puncovními marks) for the purity of gold is less than
333/1000.
1) section 12 of Act No. 6/1993 Coll., on the Czech National Bank.
2) Act No 455/1991 Coll., on trades (trade licensing
Act), as amended.
2A) for example, Act No. 29/1984 Coll. on the system of elementary schools,
secondary schools and higher vocational schools (the Education Act), as amended by
amended.
2B) Act No. 121/2000 Coll. on copyright, rights related to
Copyright and on amendments to certain laws (Copyright Act).
2 c) Act No. 19/1993 Coll., on the bodies of the State administration of the Czech Republic
the area of puncovnictví and testing of precious metals, as amended by Act No.
309/2002 Coll.
3) Eg. Act No. 40/1964 Coll., the civil code, as amended
regulations.
4) section 128 of Act No. 13/1993 Coll., the Customs Act, as amended by law No. 1/2002
SB.
4A), for example, Decree No. 301/1998 Coll., laying down the list of
chemicals and chemical products, the manufacture, placing on the market
and the use is limited, as amended by Decree No. 391/2000 Coll.
5) § 139 to 144 of Act No. 13/1993 Coll. as amended by Act No. 1/2002 Sb.
5A) paragraph 133 et seq.. Act No. 13/1993 Coll., as amended.
5B) § 214 and 216 of the Act No. 13/1993 Coll.
6) section 14 and 15 of Act No. 6/1993 Coll.
6a) Law No. 22/1997 Coll., on technical requirements for products and on the
amendments to certain laws, as amended.
6B) § 2 (2). 3 of the commercial code.
6 c) section 17 of Act No. 455/1991 Coll.
6 d) Act No. 121/2000 Coll.
7) section 3 of the Act No. 506/1990 Coll., on weights and measures, as amended by Act No.
119/2000 Sb.
8) for example, the code of civil procedure, Act No. 328/1991 Coll., on bankruptcy and
the settlement, as subsequently amended, Act No. 337/1992 Coll., on the
the administration of taxes and fees, in the wording of later regulations.
9) Law No. 26/2000 Coll., on public auctions, as amended
transcriptions.
11) Act No. 455/1991 Coll., on trades (trade licensing
the law).
12) section 64 of Act No. 455/1991 Coll.
13) § 33 and 43 of Act No. 455/1991 Coll.
14) Act No. 137/1995 Coll. on trademarks as amended
regulations.
15) Annex 2 to the Act No. 455/1991 Coll., as amended by Act No 174/2002
SB.
16) Act No. 368/1992 Coll., on administrative fees, as amended
regulations.
Decree No. 53/1993 Coll., laying down the amount of the fee and puncovních
their method of payment, as amended.
17) § 48 para. 2 of Act No. 455/1991 Coll.
18) Act No. 71/1967 Coll., on administrative proceedings (administrative code).
