Assay Act

Original Language Title: puncovní zákon

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Read the untranslated law here: https://portal.gov.cz/app/zakony/download?idBiblio=40317&nr=539~2F1992~20Sb.&ft=txt

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).