Change Of Prices And Of.. The Competence Of The Authorities Of The Czech Republic In The Area Of Prices

Original Language Title: změna z. o cenách a z. o působnosti orgánů ČR v oblasti cen

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Read the untranslated law here: https://portal.gov.cz/app/zakony/download?idBiblio=69648&nr=403~2F2009~20Sb.&ft=txt

403/2009 Sb.



LAW



of 8 March. October 2009,



amending Act No. 526/1990 Coll., on prices, as amended

regulations, and Act No. 266/1991 Coll., on the scope of the authorities of the Czech Republic

in the area of prices, as amended



Parliament has passed the following Act of the United States:



PART THE FIRST



Amendment of the Act on prices



Article. (I)



Act No. 526/1990 Coll., on prices, as amended by Act No. 135/1994 Coll.

Act No. 151/1997 Coll., Act No. 29/2000 Coll., Act No. 143/2001 Coll.,

Act No. 280/2002 Coll., Act No. 124/2003 Coll., Act No. 356/2003 Coll.,

Act No. 484/2004 Coll., Act No. 217/2005 Coll., Act No. 377/2005 Coll.

law no 230/2006 Coll., Act No. 261/2007 Coll. and Act No. 183/2008

Coll., is amended as follows:



1. In article 1 (1). 5, the words "Federal central authorities of the State

Administration and the competent authorities of the republics "are replaced by the words" and the power

the administrative authorities ".



2. in section 1, paragraph 6, including footnotes # 2a and 2b:



"(6) the administrative authorities responsible for the regulation of prices according to the law governing

the scope of the authorities of the Czech Republic in the area of prices (hereinafter referred to as "price

authorities can regulate the prices ") under this Act



and if the market) is vulnerable to the effects of the restrictions of competition



(b)) if required by the exceptional market situation,



(c)) for the purpose of removal of excise duty on cigarettes, according to a special legal

prescription ^ 2a),



d) if so required by the legislation of the European communities ^ 2b), or



e) if required by the public interest in the maintenance of a balanced

the position of the seller and buyer of goods wholly or partly

subsidized from the State budget or from other public

budgets.



2A) Act No. 356/2003 Coll., of the Excise Tax Act, as amended

regulations.



2B), for example, Commission Regulation (EC) No 657/2008 of 10 June 1999. July

2008 laying down detailed rules for the application of Council Regulation (EC) No.

1234/2007 as regards Community aid for supplying milk and

some dairy products in schools. ".



3. In section 1, paragraphs 7 and 8, including the footnotes 3 and 4 are deleted.



4. in article 2, paragraph 3 reads:



"(3) the seller nor the buyer shall not exploit their more favourable

the economic situation, in order to gain a disproportionate asset

benefit. ".



5. In paragraph 2, the following paragraphs 4 to 8 are added:



"(4) a more favourable economic position referred to in paragraph 3 has the seller

or a buyer negotiates prices on the market, without there

exposed to substantial price competition. Economic position of the seller

or the buyer shall be assessed in particular by volume sold or

purchase of the goods, the share of the market, of economic and financial strength,

legal or other barriers to entry and the extent of horizontal and

vertical link with other persons in a given market.



(5) Inappropriate property benefits gets



and if) the seller sells the goods at a price



1. involving unauthorized or unreasonable costs, the profit earned on the

by applying higher prices compared to the usual sales price, in the case of

abuse of the more favourable position on the market,



2. higher than the maximum or fixed officially determined price or



3. higher than would adhere to price regulation,



(b) if the buyer purchases) of the item for the price



1. significantly below those of the eligible costs, or lower than the price

the usual, more favourable in the case of abuse of market position,



2. less than the minimum or fixed officially determined price. ".



(6) the usual price for the purposes of this Act, means the price of the same or

in terms of the use of or zastupitelného of goods correspond to each other

was freely between sellers and buyers, who are wearing

each other economically, capital or personnel independent of the

the market, which is vulnerable to the effects of the restriction of competition. If you cannot

find out the price on the market, the cost for an assessment of whether

There is no abuse of a more favourable economic position, quote request

propočtem economically justified costs and a reasonable profit.



(7) for the purposes of this Act, for the



and economically justified costs consider) acquisition cost

the corresponding quantity of material, direct labour and other personal

cost, technologically necessary other direct and indirect costs and

the cost of circulation; When assessing the economically eligible costs based on

from the normal level of these costs in the long term in similar economic

activities, taking into account the special features of the goods in question,



(b)) a reasonable profit profit shall be deemed associated with the production and sale of the

goods corresponding to the normal profit in the long term when you registered

comparable economic activities that ensures an adequate

return on capital employed within a reasonable period of time.



(8) the provisions of paragraphs 3 and 4 shall also apply to the price of a business or

Affiliate performance, although not separately negotiated. ".



6. in section 3, paragraph 1 reads:



"(1) means the price Regulation pricing, limits, in which they can be

negotiated, the streamlining of the above prices or even the establishment of a procedure for the

the negotiation, implementation and settlement of property prices, their parts and

services related to their use of the price authorities. ".



7. in section 3, paragraph 3. 2, the words ' and local authorities ' shall be deleted.



8. In section 4, paragraph 4. 1, point (c)) shall be deleted.



Subparagraph (d)) shall become point (c)).



9. in § 5 para. 1, the words ", or local authorities, as the maximum"

shall be deleted.



10. In § 5 paragraph 5 is added:



"(5) controls the maximum, fixed or minimum prices shall apply for the

all sellers and buyers of the specified item type. For the application of

the various forms of price control authorities may provide for additional price

the substantive conditions, including the rules and procedures for the determination of these prices,

changes and in the case of tenancies of immovable property, or their parts and services

associated with their use and their method of negotiation, implementation and

the expense report. The price authorities may provide for the same goods in parallel

the maximum and the minimum price. ".



11. In paragraph 6 (1). 1 (b). (c)), the word "her" be deleted and the end of the text

(a) the words "prices, including the incorporation of a reasonable profit to the

prices ".



12. in section 6 (1). 2, the words "and the buyer ' shall be deleted.



13. in section 7 (2). 1, after the word "that", the words "have been negotiated

prior to the publication of the decision on price regulation and ".



14. section 8, including the title.



15. in section 9, paragraph 2 reads as follows:



"(2) the Government shall determine by regulation the moratorium."



16. in paragraph 11 (1) 1, point (c)) shall be deleted.



Subparagraph (d)) shall become point (c)).



17. in paragraph 11 (1) 1 letter c) is added:



"(c) the price of the goods sold to the consumer), which is the person purchasing

goods for purposes other than business. ".



18. in section 11 paragraph 2 reads as follows:



"(2) the seller shall be obliged to keep records of the prices referred to in

paragraph 1, proposals for the establishment of prices referred to in paragraph 1 (b). a) and

calculation of the prices referred to in paragraph 1 (b). (b)) demonstrating compliance with

the rules of the regulation three years after expiry of the price of the goods. Detailed

legislation sets out the range of data to demonstrate the amount and period of time

the application of prices and in prices of goods liable to factual streamlining

the structure of the price calculation. ".



19. in § 12 para. 1 the words "the Federal central authorities of State administration

and the competent authorities of the republics "are replaced by the words" and the administrative authorities "and the words

"local authorities" shall be replaced by the words "the bodies authorized to control the prices

under the law governing the competence of the authorities of the Czech Republic in the area of

price ^ 8 c) (hereinafter referred to as "price control authorities)".



Footnote 8 is added:



"8 c) Act No. 266/1991 Coll., on the scope of the authorities of the Czech Republic

prices, as amended. ".



20. In § 13 para. 1 the words "consumer" and "final" are deleted.



21. in section 13, paragraph 2, including the footnote # 8 d and 8e:



"(2) the seller is obliged to sell the goods and provide menu

information to the consumer to have a possibility to get acquainted with the price before

the negotiation of the sale of goods, unless this Act provides otherwise,



and mark the item price), which applied at the time of the offer and the related

the unit quantity of goods sold and the specified conditions



(b)) available on visible place this information included in the form of price lists,



(c)) to make this award other appropriate action, it is impossible to mark

the goods price ways referred to in point (a)), or (b)),



(d)) to submit the offer prices of the parts and activities, where goods are drawn up

of the common parts or activities on the basis of the specific requirements

the buyer, or



(e) an estimate of the price to the buyer) to notify ^ 8 d), if you cannot provide information about the price

methods referred to in points (a) to (d)));

price pursuant to this paragraph is for the products shall mean the final price,

that includes all taxes, duties and fees ^ 8e).



8 d) § 636 of Act No. 40/1964 Coll., the civil code, as amended

regulations.



8e) European Parliament and Council Directive 98/6/EC of 16 December 2002. February 1998

on consumer protection in the indication of prices of products offered to

consumer. ".




22. in § 13 para. 5 and 10, the word "final" is deleted.



23. in § 13 para. 11, the words "tobacco products" shall be replaced by

"cigarettes".



24. under section 13 shall be added to § 13a, which including the title and notes

line # 9e:



"§ 13a



Information about the prices of the services provided by travel agencies



When you offer and sell tours ^ 9e) must the seller to the consumer

provide information on the final price of the trip, which is to be paid.

If the information about the price of the trip made up of multiple components, the seller

also, the current price of all of the separate folders. If the price of some

the package must indicate the folder in the menu of the tour to inform about the time and place

the disclosure of the prices for consumers in any other way.



9E) § 1 of law no 159/1999 Coll., on certain terms and conditions of business in

tourism and on the amendment of Act No. 40/1964 Coll., the civil

code, as amended, and Act No. 455/1991 Coll., on the

trades (Trade Act), as amended

regulations. ".



25. section 14 reads as follows:



"section 14



(1) Price control under this Act shall carry out price control

authorities under their jurisdiction, laid down in a separate legal

prescription ^ 8 c).



(2) Price checks



and in determining whether) the seller or the buyer does not violate the provisions of the

This law and the pricing rules,



(b)) in verifying the accuracy of the supporting documents submitted for the purposes of

evaluation of price developments, price control and for infringement proceedings, price

regulations,



(c)) in monitoring compliance with measures imposed to remedy.



(3) If a while checking the suspect that the controlled person

disproportionate property benefits, which can be quantified, it shall be

enforcement officers in the price made. For his

enumerations are not allowed compensation of positive and negative differences between

controlled goods. If a seller or buyer

disproportionate property benefits, which itself determines and establishes that the

immediately before the start of the inspection, which returned the expense was

acquired, shall not be counted in the quantification of the disproportionate amount of securities

the benefit referred to in the Protocol.



(4) the seller gets excessive property benefits on the date of its crediting

for the account of, where appropriate, the date of receipt of cash. The buyer gets a disproportionate

property benefits from the date he received the benefits.



(5) before price controls are used to provide the evidence needed for

management of violating price laws in the retail and services without

the presence of the controlled person, or a person authorized to act on behalf of the

the controlled persons with the participation of people to ensure the sale of the goods or

the provision of the service. On such evidence and over price controls may

price control authorities to take audio and video records.



(6) the Government shall submit to the Chamber of Deputies shall by 30 June. April overview

on the activities of the price control authorities in the previous calendar

year. ".



26. the footnote No. 10 shall be deleted.



27. in article 14 the following section in that including the title reads as follows:



"PART V



ADMINISTRATIVE OFFENCES ".



Re-letter the former part in is referred to as part VI.



28. section 15 to 17, including the following titles:



"§ 15



Misdemeanors



(1) a natural person shall be guilty of an offence as a seller by



and offers, negotiate or) requests a price at a level which is not in accordance with the

the price of an officially determined pursuant to § 5 para. 1,



(b)) fails to comply with when selling an officially determined price according to § 5 para. 1,



(c) fails to comply with the substantive conditions), rules or procedures for the determination of

institutional prices, their changes and how the negotiation, application and

the Bill, set pricing authorities according to § 5 para. 5,



(d)) shall negotiate or requires a price of an amount or calculation is in accordance

the terms of the substantive streamlining price according to § 6 paragraph 1. 1,



e) fails to comply with in the sale price, which is in accordance with the terms of the substantive

the streamlining of the price according to § 6 paragraph 1. 1,



(f) fails to comply with the moratorium, according to price) § 9 para. 1,



g) does not or does not retain records of prices under section 11,



h) violates any of the obligations set out in § 13 para. 2 to 11 when

prices of goods,



I will not provide information about the price) under section 13a,



(j)) on the sale of goods does not comply with the specified conditions agreed pursuant to § 2 (2).

1,



k) contrary to section 2 (2). 3 exploited their economic position, or



l) does not provide free of charge the information or documents referred to in § 12 para. 1

the price of the authority or provide false information.



(2) for the offence may be imposed a fine



to 1 000 000 Czk), if it is a misdemeanor pursuant to paragraph 1. g) to (j))

or l),



(b)) in the amount of one to five times the undue benefit

When it comes to quantifiable, established for the period checked, for a period of not more than

his last 3 years, or 1 000 000 Eur, if the amount of an excessive

benefit of less than 1 000 000 CZK in the case of an offense under

paragraph 1 (b). a) to (f)) or k),



(c)) to 10 000 000 Eur, if the amount of the undue benefit

could not determine if it is a misdemeanor referred to in paragraph 1 (b). a) to (f)) or

k).



section 16 of the



Administrative offences of legal persons and natural persons-entrepreneurs



(1) a legal entity or individual entrepreneur as a seller

committing an administrative offense, by



and offers, negotiate or) requests a price at a level which is not in accordance with the

the price of an officially determined pursuant to § 5 para. 1,



(b)) fails to comply with when selling an officially determined price according to § 5 para. 1,



(c) fails to comply with the substantive conditions), rules or procedures for the determination of

institutional prices, their changes and how the negotiation, application and

the Bill, set pricing authorities according to § 5 para. 5,



(d)) shall negotiate or requires a price of an amount or calculation is in accordance

the terms of the substantive streamlining price according to § 6 paragraph 1. 1,



e) fails to comply with in the sale price, which is in accordance with the terms of the substantive

the streamlining of the price according to § 6 paragraph 1. 1,



(f) fails to comply with the moratorium, according to price) § 9 para. 1,



g) does not or does not retain records of prices under section 11,



h) violates any of the obligations set out in § 13 para. 2 to 11 when

prices of goods, or



I will not provide information about the price) under section 13a.



(2) a legal entity or individual entrepreneur as the buyer commits

the administrative offense by



and buy them at the price) that is not in accordance with an officially determined price

According to § 5 para. 1, or



(b) the purchase of goods) from funds granted from the State budget for her

a price higher than the price is regulated under section 5 or 6.



(3) a legal entity or individual entrepreneur as a seller or

the buyer commits an administrative offense, by



and when you sell or buy) goods fail to comply with the specified conditions agreed under the

§ 2 (2). 1,



b) contrary to section 2 (2). 3 exploited their economic position, or



(c) does not provide information or free of charge) basis in accordance with § 12 para. 1

the price of the authority or provide false information.



(4) an administrative offense shall be fined



to 1 000 000 Czk), in the case of an administrative offence pursuant to paragraph 1 (g)),

h) or i), paragraph 2 (a). (b)) or under paragraph 3 (b). and) or (c)),



(b)) in the amount of one to five times the undue benefit

When it comes to quantifiable, established for the period checked, for a period of not more than

his last 3 years, or 1 000 000 Eur, if the amount of an excessive

benefit of less than 1 000 000 CZK in the case of an administrative offence

referred to in paragraph 1 (b). a) to (f)), paragraph 2 (a). and) or paragraph 3

(a). (b)),



(c)) to 10 000 000 Eur, if the amount of the undue benefit

Unable to determine, in the case of an administrative offence referred to in paragraph 1 (b). a) to (f)),

paragraph 2 (a). and (b), or paragraph 3). (b)).



§ 17



Common provisions on administrative offences



(1) a legal person for an administrative offence is not liable if he proves that

made every effort, that it was possible to require that the infringement of the

a legal obligation is prevented.



(2) in determining the amount of the fine on a legal person shall take account of the seriousness of the

the administrative offense, in particular, the way a criminal offence and its consequences, and

the circumstances under which it was committed.



(3) the liability of a legal person for an administrative offense shall cease, if the

administrative authority about him has not initiated proceedings within 3 years from the date on which the

violations of price laws price control authority learned at the latest

However, within 5 years from the day when it was committed.



(4) The liability for the acts, which took place in the business

person or in direct connection with it shall be subject to the provisions of this

the law on liability of legal persons and sanctions.



(5) administrative offences under this law are heard at first instance

price control authorities.



(6) the penalty is due within 30 days from the day when the power came

the decision to save it.



(7) a fine collected and enforced by the authority which it imposed, in addition to fines

saved financial Directorate, which selects and enforced locally

the competent tax authority, and the fines imposed on the Customs Directorate, which

collected and enforced by the competent Customs Office. ".



29. The footnote No. 10a and 11 are deleted.



30. under section 17 of the new section 17a shall be inserted, as follows:



"§ 17a




An overview of the implemented price controls and a decision imposing a fine,

which has acquired legal force, the inspection authority shall publish the price of at least

Once a year in a journal, stating the controlled person, the amount of

the fine and the provisions of the Act on prices, which have been violated. Detailed

law provides an overview of the pattern made by price checks

and the manner of its presentation. "



31. section 20 reads as follows:



"section 20



Powers of execution



The Ministry of finance will issue a decree to implement section 11 para. 2 and § 17a. ".



Article. (II)



Transitional provisions



1. The obligation to provide information about the final bidding price

includes all taxes, duties and fees in accordance with § 13 para. 2 of law No.

526/1990 Coll., in the version in force from the date of entry into force of this Act,

dealer of EEE that was placed on the market before 13. August

2005, subject to the time limit under § 37n para. 3 of Act No.

185/2001 Coll., on waste and amending certain other acts, as amended by

Act No. 7/2005 Coll. and Act No. 296/2007 Sb.



2. Price controls and procedures for the imposition of fines which began before the date of the acquisition of

the effectiveness of this law shall be completed in accordance with the existing legislation.



PART TWO



Amendment of the Act on the competences of the authorities of the Czech Republic in the area of prices



Article. (III)



Law No. 266/1991 Coll., on the scope of the authorities of the Czech Republic in the area of

prices, as amended by Act No. 135/1994 Coll., Act No. 151/1997 Coll., Act No.

151/2000 Coll., Act No. 458/2000 Coll., Act No. 320/2002 Coll., Act No.

356/2003 Coll., Act No. 95/2005 Coll., Act No. 127/2005 Coll., Act

No. 217/2005 Coll., Act No. 160/2007, Act No. 261/2007 Coll. and Act No.

183/2008 Coll., is amended as follows:



1. In Article 2a, paragraph 2. 1 the words "done at the health control of price

performance of ' shall be deleted.



2. In Article 2a, paragraph 2. 2, the words "and medical devices" are replaced by

the words "medical devices and dental products".



3. (a) in section 2d. a) and b), the words "tobacco products" shall be replaced by

"cigarettes".



4. in article 3, the following paragraph 5, including footnote # 3a

added:



"(5) the Customs Directorate and the Customs authorities carry out a check ^ 3a) compliance

price regulations on cigarettes and for their violations of the imposed penalties according to the

special legal regulation ^ 2).



3A) Law No 185/2004 Coll., the customs administration of the Czech Republic, as amended by

amended. ".



PART THREE



The EFFECTIVENESS of the



Article. (IV)



This Act shall take effect on the date of its publication.



Vaidya in the r.



Klaus r.



Fischer v. r.