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.