94/2004 Sb.
LAW
of 29 April 2004. January 2004,
amending Act No. 477/2001 SB., on packaging and on the amendment of certain
laws (law on the packaging), as amended, law No.
110/1997 Coll. on foodstuffs and tobacco products and amending and supplementing
some related laws, as amended, and the law
No 146/2002 Coll., on the State agricultural and food inspection and amending
some related laws, as amended
Parliament has passed the following Act of the Czech Republic:
PART THE FIRST
Amendment of the Act on packaging
Article. (I)
Act No. 477/2001 SB., on packaging and on the amendment of certain laws (the law on the
packages), as amended by Act No. 274/2003 Coll., is hereby amended as follows:
1. In article 2 letter a) is added:
"and the packaging product made of) material of any nature and designed to
the containment, protection, handling, delivery, or the presentation of the product
or products intended for the consumer or other end-user
If at the same time
1. the place of purchase to form the sales unit for the consumer or another
the end user (hereinafter referred to as "packing"),
2. the place of purchase to form the Group of a certain number of sales units whether
This group is already sold to the final consumer or to another
the user, or is used only as an aid for the placement of the shelves in the
point of sale and may be removed from the product, without affecting its
Properties (hereinafter referred to as "the Group cover"), or
3. to facilitate the handling of certain amount of sales units or
group packages and to facilitate their transport to handling
and prevent them from physical damage (hereinafter referred to as "transport
the wrapper ");".
2. In section 2, at the end of subparagraph (d)), the words ", with the exception of
the entry for the inward processing procedure or mode
the temporary importation procedure ^ 7) in the event that after the end of the scheme will be
packaging or packaged products from the Czech Republic exported in its entirety in the
abroad. "
3. In article 2 (f)):
"(f)) of the packaging or importation of packaged product release for free
circulation, inward processing, temporary
use or the procedure for processing under customs control; ^ 7) ".
4. In section 2, at the end of paragraph (i) is replaced by a comma and dot) following
the letters j, k)) and l) are added:
"(j)) to other end user business natural or legal person,
who purchases the packaging or packaged products for your business
activity, and does not further into circulation,
industrial packaging packaging to) designed exclusively for the packing of the product specified
exclusively to another end user,
l) packaging means the product is, from which the consumer packaging, packaging
group or the packaging or shipping directly to the Church which is part of the
package consisting of multiple parts. ".
5. In section 4, paragraph 4. 1, in the introductory part of the text, the word "or" is replaced by a comma
and the words "product" shall be inserted the words "or the packaging
means ".
6. In section 4, paragraph 4. 1 (a). and (b))) and (c)), the word "packaging" shall be replaced by the words
"the packaging or packaging means", the word "packaging" shall be replaced by the words "package
or packaging resource "and the word" packaging "shall be replaced by the words" packaging
or packaging of resources ".
7. In section 4, paragraph 3:
"(3) a person who places on the market of packaging or packaging means, is required to
notify the breaching of the values referred to in paragraph 1 (b). (b)).
the evaluation of the concentration of the substances referred to in paragraph 1 (b). and (b)))
the packaging, and the scope of the notification obligations exceeding the values referred to in
paragraph 1 (b). (b)), lays down detailed legislation. ".
8. section 5 is added:
"§ 5
(1) a person who places on the market of packaging is required to
and available on request) the supervisory authorities the technical documentation
necessary to demonstrate compliance with the obligations laid down in sections 3 and 4,
the information referred to in paragraph 2 (a). (b)) for the purposes of the checks is replaced by
documentation to demonstrate compliance with the obligations laid down in section 4,
(b)) clearly inform their customers that the package meets the requirements
set out in sections 3 and 4.
(2) a person who places on the market of packaging means, is required to
and available on request) the supervisory authorities the technical documentation
necessary to demonstrate compliance with the obligations laid down in section 4,
(b)) clearly inform their customers about packaging a resource
complies with the requirements provided for in § 4. ".
9. section 11, including the title.
10. In section 12 of the present text becomes paragraph 1 and the following
paragraph 2, which reads as follows:
"(2) any person who places on the market or circulation containers filled with
dangerous goods, ^ 13) hazardous substances or hazardous
preparations, "^ 1") with the obligation under paragraph 1 applies at least to the extent of
set out in column B of annex 3 to this Act. ".
11. In section 14, paragraph. 2 the word "four" is replaced by the word "two".
12. In section 14, paragraph. 3 (b). and), the words "permanent residence" be replaced by
"address", for the words "identification number" shall be inserted after the words "
If it was allocated, "and the words" officially certified copy of trade license "
shall be replaced by the words "official certified copy of business license,
for example, a business license ".
13. In section 14, paragraph. 3 (b). (b)), for the words "identification number"
the words "if it has been assigned," and at the end of subparagraph (b)), the following words
"and if that register is written."
14. In section 14, paragraph. 3 (b). e), the words "removed" shall be deleted.
15. In section 14 is at the end of paragraph 3, the following point (g)), which read:
"(g)) of what material is made to the packaging, which it places on the market, and whether it is
intended for sale to the consumer. "
16. In article 14, paragraph. 10 (a). and the word "), after the performance of", the words "on
all packaging placed on the market or put into circulation ".
17. In article 14, paragraph. 10 (a). (b)), the word "only" is deleted.
18. In section 15(2). 3, after the words "of the evidence", the words ",
as well as the simplified registration and reporting of data from the register
for persons according to § 30 paragraph. 3. "
19. In § 17 paragraph. 6 (a). and), after the words "identification number"
the words "if any".
20. In § 18 paragraph 1 reads:
"(1) the shareholders of the company may only be authorized persons
indicate the packaging on the market or into circulation. "
21. In section 30, paragraph. 1 (a). 2 with the number "5" shall be replaced by the number "2".
22. In section 30, paragraph. 2 with the number "2" is replaced by "800" number and the
"500" is replaced by the number "200".
23. In section 30, paragraph 2, the following paragraph 3 is added:
"(3) the obligation provided for in paragraph 1 and the obligation of payment of registration
the fee referred to in paragraph 2 shall not apply to persons who, on the market
or in circulation less than 300 kg of packaging for the calendar year. ".
Paragraphs 3 to 5 shall be renumbered as paragraphs 4 to 6.
24. In section 32 m) is added:
"m), after consultation with the Ministry of industry and trade and
The Ministry of agriculture in doubt whether a particular type of product is
or does not cover, ".
25. In section 32 is at the end of the letter r) dot is replaced by a comma and the following
letter s) is added:
"with the initiative of the Czech business) provides inspection to check in area
the management of packaging. ".
26. In section 33 and section 34 (b)) shall be deleted and shall be deleted at the same time indication
(a)).
27. In section 41 at the end of paragraph 1, the following sentence "in the case of doubt,
whether the conditions of this law are fulfilled, the Customs authorities have released the
controlled goods to the competent customs regime and encourage the competent
supervisory authority to control. ".
28. In article 41, paragraphs 2 and 3 shall be deleted and shall be deleted at the same time indication
of paragraph 1.
29. In § 42 paragraph. 1 at the end of the introductory part of the text, the words "in the
the range of specified powers ".
30. In § 42 paragraph. 1 (a). (c)), the words "including the Declaration of compliance with the
conditions of placing on the market of packaging according to the § 5.0 "are deleted.
31. In paragraph 44. 1 (a). (b)), the words "relating to the Declaration of
conditions of placing the packaging "shall be deleted.
32. section 47 was repealed.
33. under section 51 shall be inserted a new section 51a is inserted:
"§ 51a
(1) the decision issued by the Ministry of trade and industry, pursuant to section 47
void to the effective date of this Act.
(2) proceedings commenced under section 47, which was not completed prior to the date
the effectiveness of this law, to the effective date of this Act. ".
34. the annex No. 1 to this Act is hereby repealed.
PART THE SECOND
The amendment to the law on foodstuffs and tobacco products
Article II
Act No. 110/1997 Coll. on foodstuffs and tobacco products and about the change and
addition of related laws, as amended by law No 166/1999
Coll., Act No. 121/2000 Coll., Act No. 306/2000 Coll., Act No. 146/2002
Coll., Act No. 131/2003 Coll. and Act No. 274/2003 Coll., is hereby amended as follows:
1. In article 1, after paragraph 1, insert a new paragraph 2, including notes
footnote No. 18), 19) and 20):
"(2) the purpose of this Act is also require entrepreneurs ^ 18)
Report inventory ^ 19) food or agricultural products provided for in
the relevant legislation of the European Community ^ 20) (hereinafter referred to as
"stocks") and edit the State supervision of compliance with this obligation.
18) section 2 of the Act No. 513/1991 Coll., the commercial code, as amended
regulations.
19) section 9 of Decree No. 500/2002 Coll., which implements certain
the provisions of Act No. 563/1991 Coll., on accounting, as amended,
regulations for accounting units, which are the business relation
double-entry accounting system.
20) Commission Regulation No 1972/2003 on transitional period adopted in the light of
on trade in agricultural products, related to the accession of the Czech
Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland,
Slovenia and Slovakia. ".
Paragraph 2 becomes paragraph 3.
2. the following section 3a is inserted after section 3b, which including a footnote No. 21)
added:
"§ 3b of the
(1) the Businessman referred to in § 1 (1). 2 is obliged to report in the place
the competent Inspectorate of the State agricultural and food inspection authority
stocks identified by special legislation for the 1 ^ 21). may
2004.
(2) the obligation provided for in paragraph 1, shall meet the entrepreneur
no later than 10. in May 2004.
(3) the range of the stocks covered by the reporting obligation under the
paragraphs 1 and 2, and the pattern of the form provides for the Ministry of agriculture (hereinafter
"the Ministry") by Decree.
21) section 29 and 30 of Act No. 563/1991 Coll., on accounting, as amended,
regulations.
section 7b of the Act No. 586/1992 Coll., on income taxes, as amended
regulations. ".
3. In section 16. 1 letter c) including footnote No. 13a):
"(c)), the State agricultural and food inspection ^ 13a) carries out the State
supervision
1. in the production and marketing of food in this circulation, if supervision is not
carried out in accordance with point (b)),
2. in the manufacture and marketing of tobacco products, and
3. over the reporting of the inventory.
13A) Law No 146/2002 Coll., on the State agricultural and food
inspection and amending certain related laws, as amended
regulations. ".
4. In § 17 paragraph 5, the following paragraph 6 is added:
"(6) to Businesses that fail to comply with the obligation referred to in section 1 (1). 2 and section
3B, saves the State agricultural and food inspection fine of up to
1 0000 0000 Czk. ".
Paragraphs 6 to 8 shall be renumbered as paragraph 7 to 9.
PART THE THIRD
Amendment of the Act on the State agricultural and food inspection
Article. (III)
Act No. 146/2002 Coll., on the State agricultural and food inspection and
changes to some related laws, as amended by Act No. 309/2002 Coll.
is amended as follows:
In section 3, paragraph 1, the following paragraph 2, including notes
footnote No. 10a) is inserted:
"(2) the State agricultural and food inspection authority checks whether the stocks
It reported an entrepreneur under special legislation ^ 10a)
correspond to the facts.
10A) § 3b of the Act No. 110/1997 Coll. ".
Paragraphs 2 to 5 shall become paragraphs 3 to 6.
PART THE FOURTH
The EFFECTIVENESS of the
Article IV
This Act shall take effect on the date of its publication.
Zaorálek in r.
Klaus r.
Spidla in r.