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.
