215/2006 Coll.
LAW
Dated 25 April 2006
Amending Act no. 321/2004 Coll., On viticulture and winemaking and
amending some related laws (Act on viticulture and winemaking
), as amended, and Act no. 634/2004 Coll.
administrative fees, as amended
Parliament has passed this Act of the Czech Republic:
PART ONE
Amendment to the Act on viticulture and winemaking
Article I
Act no. 321/2004 Coll., On viticulture and viniculture and amending some
related laws (Act on viticulture and wine), as amended
Act no. 179/2005 Coll., Act no. 411 / 2005 Sb. and Act no. 444/2005
Coll., is amended as follows:
First In § 1 para. 1, first sentence, the words "conditions and requirements in
viticulture, whose treatment immediately binding
regulations" are replaced by "following the directly applicable regulation" and
words "Member States European Union enjoin, or allow Member States of the European Union
separate adjustments as they deem appropriate "
be replaced by" further conditions and requirements in the field of viticulture and winemaking
".
Second In § 3 para. 2, letter c), including footnotes Nos. 17 and 18 reads:
"C) vineyard or winery (hereinafter the" vineyard ")
agricultural land farmed continuously planted shrubs vine-17a)
a grower with a total area larger than 10 ares, which on the basis of a written
grower's application filed after January 1, 2001 Central control and testing Institute of agricultural
^ 18) (hereinafter "the Institute")
Department assigned or assign a registration number or registration number;
vineyards with a total area of less than 10 ares vineyard is only if based on a written
grower's application filed after January 1, 2001 the Institute assigned a registration number
; vineyard is also a vineyard grubbed-5), to which the Institute
been granted the right to re planting under § 9,
17a) § 3i point. c) of the Act no. 252/1997 Coll., on agriculture, as amended
.
18) of Law no. 147/2002 Coll., on the Central control and testing Institute
agriculture and amending certain related laws (Act on the Central
control and testing Institute in agriculture), as amended
regulations. ".
Third In § 3 para. 2 letter e) shall be deleted.
Existing letters f) through w) are designated as letters e) to v).
Fourth In § 3 para. 2 letter e) reads:
"E) yield per hectare proportion quantity of grapes harvested in
one meter in the wine and vineyard areas, growers and vineyards, where
those grapes grown in tonnes per hectare
" .
Fifth In § 3 para. 2 letter g) shall be deleted.
Existing letters h) to v) is designated as letters g) to u).
6th In § 3 para. 2 point. l) the word "flavor" is replaced by
"aromatic".
7th In § 3 para. 2 letter p) reads:
"P) production of conducting technological processes or oenological or
treatment to the time when the product is packed in a package intended
consumers or retailers'.
8th In § 3 para. 2 letter q) reads:
"Q) the manufacturer a natural or legal person who manufactures or indicates
product for the purpose of putting into circulation".
9th In § 3 para. 2 in the following point), which reads:
"V) malovinaři grower and winemaker who grows grapes on
registered or unregistered vineyard area of not more than 20 ares
produced from these grapes wine to a maximum 2,000 liters.".
10th In § 5 after paragraph 1 the following paragraph 2 is added:
"(2) Vinicemi suitable for quality wine from a specific region are
vineyard uncultivated, rootstock or intended for experimental purposes.".
Existing paragraph 2 shall be renumbered third
11th § 6 headline reads: "The yield per hectare."
12th In § 6, paragraph 2, including footnote no. 21a reads:
"(2) If grapes are used to produce quality wines
specific region, the yield per hectare must-21a) from a winery or vineyard grower
on which they were produced, exceeded 14 tons per hectare .
If there is a single vineyard planted more varieties, can determine
yield per hectare for each variety separately.
21a) Art. 55 paragraph. 1 point. f) of Council Regulation (EC) No . 1493/1999.
Annex VI point. I, item 1. Council Regulation (EC) no. 1493/1999. ".
13th In § 6, Paragraph 3 reads:
"(3) If this is exceeded the yield per hectare pursuant to paragraph 2 may be appropriate
grapes used for the production of table wine or wine
earth, or must those grapes are put into circulation only as
grapes used for the production of table wine, or a wine
grapes intended for the production of wines of the earth. ".
14th In § 6, paragraph 4 is repealed.
Paragraph 5 shall be renumbered 4.
15th In § 11 para. 1 the words "Commencement, suspension and termination of production of the products
" the words "with the exception of fresh grapes harvested
grapes".
16th In § 12 para. 6 letters a), c) and e) including footnote no. 34
deleted.
Existing letters b) and d) is renumbered a) and b).
17th In § 12 para. 9 point. b) the words "special legislation 34)"
replaced by "special legislation 35a)."
Footnote. 35a reads:
"35a) Decree no. 304/2004 Coll., Laying down the types and conditions of use
excipients and additives in food production.".
18th In § 15 paragraph 3 reads:
"(3) When offering partially fermented grape must or partially fermented grape must
offered to consumers under the name
" new wine "for direct human consumption shall be prominently displayed data that
it is partially fermented grape must or "new wine" and who is his
manufacturer. ".
19th In § 16 para. 2, the word "specifically" is deleted.
20th In § 16 para. 8 letter e) including footnote no. 47a reads:
"E) verbal residual sugar content in the range as prescribed
European Communities ^ 47a) for labeling residual sugar on the label
.
47a) Art. 16 of Commission Regulation (EC) No . 753/2002. ".
21st In § 16, after paragraph 8, the following paragraph 9 is added:
"(9) The Ministry shall withdraw the recognition of a contest or exhibition
it issued pursuant to paragraph 5, if the organizer of the competition or exhibition guarantee impartiality
competition or exhibition.".
Existing paragraphs 9 and 10 are renumbered 10 and 11
22nd In § 16 para. 10 point. b) the words "procedure with using"
replace the words "the procedure or use" and "preservatives and additives" is
replaced by "preservatives or additives."
23rd In § 16, paragraph 11 reads:
"(11) The implementing regulation lays down
a) specimen application for recognition of a contest or exhibition of wines in accordance with paragraph 5,
b) information that may be listed on the product label, and requirements for
which these data can indicate on the label. ".
24th Under § 16 the following § 16a is inserted:
"§ 16a
The label may include designation" Chateau "or" Chateau ", adding
geographical indication if called wine production took place in the building
marked or its vicinity to the distance not exceeding 20 km. ".
25th In § 17 par. 2 letter a) reads:
'A) has been produced from grapes harvested in the Czech Republic,
which are suitable for quality wine in specified regions, or
varieties that are listed in the list of varieties in the implementing legal regulation
and meet the requirements of paragraph 4 '.
26th In § 17 para. 2, letter b) shall be deleted.
Existing letters c) to e) shall become letters b) to d).
27th In § 17 paragraph 3, including footnote no. 50a reads:
"(3) Provincial label wine may, in addition to data under paragraph 1
further contain the name of the variety or varieties, in accordance with the regulations of the European Communities ^
50a), the proportion of each variety, which is listed on the label ,
must be at least 15% the size of the font name of the variety or varieties must
reach more than half the size of the font name "country wine", the name
variety or varieties must only be shown in the same field of vision on
label together with the name "country wine" and the variety or varieties
on the label should not be confused with the sign of quality wines according to § 18 to 22
or wine with the original certification according to § 23.
50a) Article . 19 and 20 of Commission Regulation (EC) no. 753/2002. ".
28th In § 18 par. 2 letter c) reads:
"C) has not been exceeded the yield per hectare according to § 6 para. 2".
29th In § 18 par. 2 point. f) after the word "like" the words "quality wine
".
30th In § 18 paragraph 4 reads:
"(4) Quality varietal wine is produced from grapes, grape juice, a
grape must, wine produced from grapes harvested in
Vineyard suitable for quality wine region or by blending quality wines
, with a maximum of three varieties. ".
31st in § 18 paragraph 7 reads:
'( 7) the label of quality wines in addition to the data referred to in paragraph 6
contain
A) the name of the variety or varieties, under conditions laid down regulations of the European Communities ^
50a)
B) the name of the wine region, come when the products used to produce wine
least 85% of the wine region,
C) the name of the wine villages come when the products used to produce wine
least 85% of the wine villages
D) the name of the vineyard shall come when the products used to produce wine
least 85% of the vineyard. ".
32nd in § 19 para. 4 points c) to e ) including footnote no. 53
added:
"c) has not been exceeded the yield per hectare according to § 6 para. 2
D) wine was produced from grapes, whose origin, sugar content and weight
, or variety or blend of varieties, or infection
noble rot Botrytis cinerea P. were verified by inspections;
verification is subject to an administrative fee under a special legal regulation 53)
E) the wine was made from grapes, grape juice or grape must,
possibly from wine produced from grapes harvested in a vineyard
suitable for quality wine region, which satisfy the requirements for particular sort of the quality
wine grapes or blending
quality wines with attributes,
53) Act no. 634/2004 Coll., On administrative fees, as amended
regulations. ".
33rd in § 19, paragraph 11, the following paragraph 12 is added :
"(12) Quality wine with attribute can mark the phrase" token ",
if it was obtained from a mixture of grapes, grape juice, grape must,
possibly from wine produced from grapes harvested in
vineyard suitable for quality wine region, which satisfy the requirements for individual species
quality wine with attributes, or
blending quality wines with attributes.. "
Former paragraphs 12 to 14 denote as paragraphs 13 to 15
34th in § 19 paragraph 14, including footnote no. 53a reads:
"(14) label quality wine with attributes in addition to the data under
13 paragraphs contain
A) the name of the variety or varieties, under conditions laid down regulations of the European Communities ^
50a)
B) the vintage year, under conditions laid down regulations of the European Communities ^
53a)
C) the name of the wine villages come when the products used to produce wine
least 85% of the wine villages
D) the name of the vineyard shall come when the products used to produce wine
least 85% of the vineyard.
53a) Art. 18 Commission Regulation (EC) no. 753/2002. ".
35th in § 20 par. 3 letter c) reads:
" c) has not been exceeded the yield per hectare according to § 6 . 2 ".
36th in § 20 para. 6 letter c) reads:
" c) has not been exceeded the yield per hectare according to § 6 para. 2 ".
| || 37th in § 20 paragraph 8, including footnote no. 60a reads:
"(8) The labeling of quality sparkling wines in specified regions (paragraph 3)
grower sparkling wine and aromatic quality sparkling wine set
area (paragraph 6) contains information under the provisions of the European Communities ^
60a).
60a) Annex no. VIII, Part B and D of Regulation (EC) no. 1493/1999. ".
38th in § 21 para. 2, letter c) reads:
|| | "c) has not been exceeded the yield per hectare according to § 6 para. 2".
39th in § 21 paragraph 4 reads:
"(4) The labeling of quality sparkling wines may in addition to data under
3 paragraphs contain
A) the name of the variety or varieties, under conditions laid down regulations of the European Communities ^
50a); the proportion of each variety on the label must be at least 15%
,
B) the vintage year, under conditions laid down regulations of the European Communities ^
53a)
C) the name of the wine region, come when the products used to produce wine
exclusively from this wine region. ".
40th in § 22 par. 2 letter c) reads:
"c) has not been exceeded the yield per hectare according to § 6 para. 2".
41st in § 22 paragraph 4 reads:
"(4) The labeling of liqueur wines may in addition
data pursuant to paragraphs 2 and 3 contain
A) the name of the variety or varieties, under conditions laid down regulations of the European Communities ^
50a); the proportion of each variety on the label must be at least 15%
,
B) the vintage year, under conditions laid down regulations of the European Communities ^
53a)
C) the name of the wine region, come when the products used to produce wine
exclusively from this wine region. ".
42nd in § 23 para. 1 point. A) the words" made to "the words
" or the same. "
43rd in § 25 paragraph 4 is repealed.
Former paragraph 5 shall be renumbered 4.
44. In § 26 par. 3 point. c) the word "including"
replaced by the word "or."
45th in § 26 par. 3 letter h) reads:
|| | 'h) required classification wine; for wine with attribute type and number
document, which was verified origin, sugar content and weight, or
variety or blend of varieties or affected by noble rot Botrytis cinerea P.
grapes from which the wine was produced. . "
46th In § 26 at the end of paragraph 3 is replaced by a comma and
letter i), which reads:
" i) the commercial designation of wine earlier zatříděného, which was used to produce wines
listed in the application, as well as a lot amount in liters and quality
registration number. ".
47th in § 27 paragraph 4 including footnotes Nos. 72a and 72b reads:
"(4) It is prohibited to put into circulation a product
A) in which
First They exceeded the value of the content of harmful substances specified
special legal regulations 35a)
Second They have not met the quality requirements set by the implementing legal regulation or
product exhibits a disease or defect
Third it was found that a product is insanitary, 3)
Fourth not yet decided on its classification (§ 23, 26), are subject to their classification, or
Fifth values do not match the actual alcoholic strength or total
alcohol content or the content of sugar-free extract value ^ 69)
values identified in its classification (§ 26), taking into account differences
specified in the implementing legislation, or || |
B) that
First is not responsible classification (§ 23, 26)
Second not accompanied by a movement document ^ 70)
Third unknown origin ^ 72)
Fourth contains sweeteners ^ 35a)
Fifth contains synthetic flavoring substances, natural or nature-identical flavoring substances
, synthetic dyes, natural or nature identical
dyes or natural sweeteners, their use is not permitted
European Community regulations ^ 72a) or this Act, or
6th not made in accordance with the oenological practices permitted by the regulations of the European Communities
^ 72b).
72a) Annex no. IV of Regulation (EC) no. 1493/1999.
Council Regulation (EC) no. 1601/1991.
72b) Title V and Annex no. IV of Regulation (EC) no. 1493/1999. ".
48th in § 27 paragraph 5 reads:
" (5) It is prohibited to offer for sale of wines intended for consumers
together with fruit wines, wine-based drinks, alcoholic drinks or other beverages
which could cause confusion with wine, unless
separately located and clearly labeled. ".
49th in § 28 para. 3 sentence of the fourth number "30" is replaced by "60" and
word "days" the words ", in particularly complex cases within 90 days
. "
50th in § 30. 1, the word" occupation "is replaced by" business ".
51st in § 35 par. 1 letter a) reads:
| || "k) penalties for non-payment or late payment of contributions
set at 0.1% per day of the outstanding amount from the day following the last day
payment due, but up to double the levy;
penalties is the grower or manufacturer is required to pay to the Fund's account. ".
52nd in § 35 par. 3, the third sentence is deleted.
53rd in § 35 para. 9 the words "and the support of the state" are deleted.
54th § 39 including the title reads:
"§ 39
Administrative offenses of legal entities and individuals
(1) The legal entity or a natural person as a producer or as
person introducing the product into circulation commits an administrative offense that
A) offer for consumption grape must in conflict with §
15
B) designates the product in conflict with § 16 para. 1
C) contrary to § 16 para. 2 marks product information referring to
enhanced effect of the product
D) shall appear on the label of provincial wine or quality wine from a specific region
year, without conditions for the use of this designation
according to § 16 par. 3,
E) contrary to § 16 para. 4 fails to designate quality wines in specified regions
residual sugar content
F) shall appear on the label awards or medals that are recognized
according to § 16 para. 5
G) puts into circulation wine marked on the label stating that meets the requirements
for churches and religious societies, without satisfying
conditions for the use of such mark by § 16 para. 6
H) violates the prohibition referred to as wine beverages referred to in § 16 para. 10
I) puts into circulation the product labeled with the name "country wine", which does not meet the requirements
according to § 17 para. 2
J) shall appear on the label of wines provincial data for which are putting
conditions pursuant to § 17 para. 3,
K) in contravention of § 17 para. 5 presents the description of a table wine, excluding
provincial wine produced in the Czech Republic, vintage or variety
L) designates a regional wine geographical indication in contravention of § 17 para. 6
M) puts into circulation a product labeled as "quality wine" that
meets the requirements according to § 18 par. 2, 4 and 5
N) fails to state on the label of quality wine information pursuant to § 18 par. 6
or indicate on the label information for those whose entry conditions are not met
according to § 18 par. 7
O) puts into circulation quality wine with attribute, which does not meet the requirements
according to § 19 para. 4
P) designates a quality wine with attribute "token", although thus
designated wine satisfies the requirements under § 19 para. 12
Q) fails to state on the label of quality wine with attribute data according to § 19 paragraph
. 13 or indicate on the label information for the presentation are
conditions pursuant to § 19 paragraph. 14
R) puts into circulation sparkling wine, which does not comply
according to § 20 para. 2, or sparkling wine specified areas
does not meet the requirements under § 20 par. 3, or seed sects, which
does not meet the requirements under § 20 para. 4, or quality aromatic sparkling wine
which does not meet the requirements under § 20 para. 5 or
aromatic sparkling wine specified area that does not meet the requirements under §
20 paragraph. 6
S) designates a quality sparkling wine or quality sparkling wine set
area or quality aromatic sparkling wine or quality aromatic sparkling wine
specified areas or seed sects named in conflict with
§ 20 paragraph. 2 to 6
T) fails to state on labels of quality sparkling wine from a specific region
grower champagnes and aromatic quality sparkling wine
specified area data according to § 20 para. 8 or indicate on the label information
for the launch are fulfilled conditions pursuant to § 20 par. 7, 9 and 10
U) puts into circulation a product labeled as "sparkling wine"
which does not meet the requirements under § 21 para. 2
V) fails to state on labels of quality sparkling wine information pursuant to § 21 paragraph.
3 or indicate on the label information for those whose entry conditions are not met
podle§ 21 par. 4,
W) marks called "quality sparkling wine" product that does not meet the requirements
according to § 22 paragraph. 2, or fails to state on labels of quality liqueur wines
data according to § 22 paragraph. 3 or indicate on the label information
for the launch are fulfilled according to § 22 paragraph. 4
X) puts into circulation wine of original certification that meets the requirements
according to § 23 para. 1
S) shall not be marked on the label of a wine with the original certification
one of the data referred to in § 23 par. 3,
A) contrary to § 24 para. 2 labeled as "wine-based drink" product that
contains less than 50% of wine
Aa) highlighted the alcohol-free wine or low alcohol wine called
according to § 25 par. 3 or on a label stating the particulars that are prohibited
according to § 25 par. 4
Bb) conflict with § 27 para. 1 puts into circulation a product that is healthy
objectionable
Cc) puts into circulation a product that contains added substances in violation of §
12 paragraph. 2, or contrary to the regulations of the European Communities ^ 70)
does when selling or transporting a document accompanying ,
Dd) puts into circulation a product contrary to § 27 para. 3,
Ee) puts into circulation a product contrary to § 27 para. 4, 5 and 6
Ff) puts into circulation a product that is packaged in conflict with § 27 para. 7
or quality wine with attribute, which is filled into other than glass bottles
contents to 0.75 liter or a bottle unmatched recognized closing,
Gg) does not mark the product during storage in containers or bottles according to § 27 paragraph
. 8
Hh) as a person from the harvest of wine or wine-producing
store products other than wine, fails to submit the production declaration referred
§ 29 paragraph. 2 and in accordance with § 28 para. 5 || |
Ii) surrenders stock declaration for grape must, concentrated
grape must, rectified concentrated grape and wine
according to § 29 paragraph. 3 and in accordance with § 28 para. 5
Jj) violates the obligation set down in European Community ^ 1)
regulating the area of viticulture, winemaking, or trade in products or
Kk) puts into circulation grapes harvested in a vineyard planted in breach of European Community regulations
^ 23) ^ 24), or in violation of § 8 or 9
, or puts into circulation products made from these grapes.
(2) A legal or natural person as a grower
commits an administrative offense by
A) keeps track of the vineyard planted surface and achieved yields per hectare
according to § 6 para. 1
B) contrary to § 6 para. 3 puts into circulation a greater quantity of grapes
wine for quality wine from a specified region of the harvest for
relevant wine year more than the highest yield per hectare growers
C) conflict with § 6 para. 4 apply any amount of the harvest of all
vineyards in the relevant wine year for production of table wine or wine
earth or not to harvest any amount into circulation as wine grapes
designed for the production of table wines or wines earth,
D) carry out new planting without a license pursuant to § 8. 2 or by the
contrary to European Community regulations ^ 23)
E) carry out replanting without granting replanting rights
under § 9. 1 or by the conflict with the regulations of the European Communities
^ 24)
F) vineyard grubbed without the owner's consent pursuant to § 9. 2
G) transfer replanting rights in conflict with § 9. 6
H) puts into circulation grapes harvested in a vineyard planted in breach of European Community regulations
^ 23) ^ 24), or in violation of § 8 or 9
, or puts into circulation products made from these grapes
I) in contravention of § 28 para. 3 notifies the cancellation of vineyards or notifies changes
data referred to in § 28 para. 1, or requests an allocation of a registration
numbers
J) fails to submit a harvest declaration according to § 29 para. 1 and in accordance with § 28 paragraph
. 5
K) violates the obligation set down in European Community ^ 1)
regulating the area of viticulture, winemaking, or trade in products
L) designates the product in conflict with § 16 para. 1, or
M) puts into circulation a product that contains added substances in violation of §
12 paragraph. 2, or contrary to the regulations of the European Communities ^ 70) has
when selling or transporting a movement document.
(3) A legal or natural person as a manufacturer
commits an administrative offense by
A) notifies commencement, suspension or termination of production of the products according to § 11 paragraph
. 1 and § 43 para. 4
B) contrary to § 11 para. 2 point. a) fails to comply with the requirements for the production,
quality and wholesomeness,
C) to remove by-products of processing or manufacturing of products
according to § 11 par. 2 point. b)
D) notifies the production of grape marc for their own consumption according to § 11 paragraph
. 2 point. d)
E) fails to ensure continuous monitoring of their production or to maintain or
does not keep records of that inspection, according to § 11 par. 2 point. e)
F) contrary to § 12 para. 1 applies impermissible oenological practices and
care product
G) in contravention of § 12 para. 2 added to any product ingredient
H) notifies raising or lowering the acid content in accordance with § 12 para. 4
I) in contravention of § 12 para. 5 stores in the areas intended for the production, processing or filling
product substances that are suitable
its composition to be used for adulteration of product
J) in contravention of § 12 para. 6 point. a) preserves quality wine with special attributes
chemicals
K) in contravention of § 12 para. 6 point. b) storing fruit wine or
mixture in areas where the stored wine
L) increases natural alcoholic contrary to the regulations of the European Communities
^ 38) or in contravention of § 13 para. 1 notifies the intention of raising
sugar content
M) aligns wine in conflict with § 14 para. 1 or contrary to § 14 para. 2
fails to report sweetening
N) produced table wine in conflict with § 17 para. 1
O) the production of quality wine in conflict with § 18 par. 1
P) produce quality wine with the statement "varietal" or "stamp", although
that wine satisfies the requirements set out in § 18 par. 2, 4, 5, or
Label stating the particulars, for which placing conditions are not met by
§ 18 par. 6,
Q) the production of quality wines with special attributes in conflict with § 19 para. 1, 3, 5 and
11
R) produce quality wine with attribute inconsistent with the requirements under § 19 paragraph
. 4
S) in contravention of § 19 para. 15 preserves the quality wine with attribute,
T) produces sparkling wine in conflict with § 20 para. 1
U) produces sparkling wine in conflict with § 21 para. 1
v) liqueur wine produced in conflict with § 22 paragraph. 1
W) flavored wine flavored wine-based drink flavored cocktail or
contrary to § 24 para. 1
X) produces the alcohol-free wine that does not meet the requirements according to § 25 paragraph
. 1, or low-alcohol wine that does not meet the requirements under §
25 paragraph. 2, or
Y) indicates in its application to classify wines according to § 26 par. 3 once
classed wine.
(4) A legal or natural person as a seller
commits an administrative offense that
A) not placed visibly on the sale of cask wine information pursuant to § 16 para.
8
B) contrary to § 27 para. 5 offers to sell wines intended for
consumers together with fruit wines, wine-based drinks, alcoholic beverages
or other drinks that may or could cause confusion with || | wine, if not separately located and clearly marked or
C) contrary to § 27 para. 9 is mixed in selling wine by the glass wine bottles
načatých or wine mixed in wine spritzer, or any other soft drink
in the absence of the buyer or open wine packaging
intended for consumers before a buyer.
(5) A legal or natural person as a person who
owning, holding or conveys the product to exercise his
business or commercial purposes, commits an administrative offense that leads the registers
or it fails at the request of the supervisory authority
according to § 30 paragraph. 1 and 2
(6) An administrative offense shall be fined up
A) 3,000,000 CZK, for an administrative offense under paragraph 1. a), c)
d), e), f), j), k), y), paragraph 2. f) and g) and para 3. l)
am)
B) 4,000,000 CZK, for an administrative offense under paragraph 1. g)
gg), paragraph 2. b) and c) of paragraph 3 point. ) and to paragraph 4.
A), b) and c)
C) 5,000,000 CZK, for an administrative offense under paragraph 1. b) h)
i) l) m) n) o) p) q) r) s) t) u) v) w) x) , z) aa), bb)
cc) dd) ee) ff) hh) ii) jj) and kk), paragraph 2. a), d), e)
h), i), j), k), l) and m), para 3. b), c), d), e), f), g), h)
i), j), k), n), o), p), q), r), s) , t) u) v) w), x), y) and paragraph
fifth. "
55th § 40 including the title and footnotes. 89-91 reads:
"§ 40
Common provisions
(1) A legal person for an administrative delict if it proves that
made every effort that could be required to prevent a breach of the obligation
.
(2) In determining the amount of the fine legal person takes into account the seriousness
administrative offense, especially the manner of its commission and its consequences and
circumstances under which an administrative tort was committed. In the case when the
correction of infringements in accordance with the measure ^ 19)
or immediately after it was found the infringement and did not
a product, other than harmless or consumer deception || | resting in violation of certain intellectual property rights ^ 89) may
to refrain from imposing a fine.
(3) The liability of a legal person for an administrative tort shall expire if
administrative authority did not commence proceedings within two years from the day when it became
but no later than 5 years from the date when it was committed .
(4) Administrative offenses of legal persons under § 39 par. 1-5
discussed in the first instance or the Department of Inspection in its scope
by this Act and special legislation 18) ^ 19).
The appeal against the decision made by the Ministry and the Department of appeal against the decision
Inspection central inspectorate shall decide Inspection.
(5) The liability for conduct that occurred in the business of a natural person
^ 90) or in direct connection therewith, shall be subject to the provisions of the Act
on liability and sanctions to legal persons.
(6) The fine is payable within 30 days from the date the decision on its imposition
came into force.
(7) Fines collected by the authority which has imposed and enforced by the competent customs
Office ^ 91). Revenue from fines is the income of the state budget.
89) § 8 par. 2 of Act no. 634/1992 Coll., On Consumer Protection,
amended.
90) § 2 of the Commercial Code, as amended.
91) Act no. 185/2004 Coll., On Customs Administration of the Czech Republic, as amended
.. "
56th § 41 including the title reads:
"§ 41
Relation to the Administrative Procedure
The procedures under this Act shall be governed by the Administrative Procedure unless this
otherwise provided by law. ".
57th in § 42 para. 1 the words" § 6. 5 "are replaced the words "§ 6 par. 4"
and the words "§ 16 para. 10" is replaced by "§ 16 para. 11".
58th in § 43 paragraph 5 shall be deleted.
former paragraphs 6 and 7 become paragraphs 5 and 6
59th in § 43, paragraph 7, which reads:
"(7) malovinaři are not subject to duties according to § 29 of the Act and
do not have to keep records if you do not produce quality wines, wine
original certification or quality wines with special attributes. ".
60th annex to Act no. 321/2004 Coll . reads:
"Notes to the Act no. 321/2004 Coll.
Table conversion levels normalized normalizovaný muštomer on natural
alcohol content (% by volume)
--------------------------- ----
Grade% by volume of alcohol normalized
normalizovaný muštomer ---------------------------- ---
0.8 0.5
1.0 0.6
1.7 1.0
2.0 1.2
2.5 1.5
3.0 1.8
3.4 2.0
4.0 2.4
4.2 2.5
5.0 3.0
5.9 3.5
6.0 3.6
6.7 4.0
7.0 4.2
7.6 4.5
8.0 4.8
8.4 5.0
9.0 5.4
9,2 5,5 10,0 11,0 6,5 6,0
11.8 7.0 12.0 7.1 12.6
7 5
13.0 7.7 13.4 8.0 14.0 8.3
14.3 8.5 15.0 8.9 15
1
9.0 16.0 9.5 16.8 10.0
17.0 10.1 17.6 10.5 18.0 10.7
18.5 11.0 19.0 11.3 19.3 11.5
20.0 11.9 20.2 12.0
21 0
12.5 21.8 13.0 22.0 13.1
22.7 13.5 23.0 13.7 23.5 14.0
|
|| 24.0 14.3 24.4 14.5 25.0 14.9
25.2 15.0 26.0 15.5 26.9
16.0 27.0 16.1 27.7 16.5
28.0 16.7 28.6 17.0 29.0 17.3
|| |
29.4 17.5 30.0 17.9 30.2 18.0
31.0 18.5 32.0 19.0 32.8 19
5
33.0 19.6 33.6 20.0 34.0 20.2
34.4 20.5 35.0 20.8
35.3 21.0 36.0 21.4 36.1 21.5
37.0 22.0 37.8 22.5 38.0
22 6
38.6 23.0 39.0 23.2 39.5 23.5
40.0 23.8 40.3 24.0 41
, 0
24.4 41.2 24.5 42.0 25.0
42.8 25.5 43.0 25.6 43.7 26.0
44.0 26.2 44.5 26.5 45.0 26.8
45.4 27.0 46.0 27.4
46
2 27.5 47.0 28.0 47.9 28.5
48.0 28.6 48.7 29.0 49.0 29.2
|
|| 49.6 29.5 50.0 29.8 "
----------------------------- -
Article II
Transitional provisions
Proceedings instituted and legally still open on the date of entry into force of this
Act shall be completed in accordance with existing legislation.
PART TWO
Amendment to the Act on Administrative Fees
Article III
Attachment Tariff Act no. 634/2004 Coll., On administrative fees,
amended by Act no. 217/2005 Coll., Act no. 228/2005 Coll., Act no. 361/2005
Coll., Act no. 444/2005 Coll., Act no. 545/2005 Coll., Act no. 553/2005 Coll
., Act no. 48/2006 Coll., Act no. 56/2006 Coll. Act no.
57/2006 Coll., Act no. 81/2006 Coll., Act no. 109/2006 Coll., Act no. 112/2006 Coll
., Act no. 130/2006 Coll ., Act no. 136/2006 Coll., Act no. 138/2006 Coll
., Act no. 161/2006 Coll., Act no. 179/2006 Coll. and Act No.
. 186/2006 Coll., Is amended as follows:
First In item 77, letter c), the following point d)
including footnote no. 46a reads:
"D) decision granting new planting rights or
decision granting planting rights from the reserve
^ 46a) for every 10 m2Kč 1
46a) Art. 5 paragraph. 3 point.) of Council Regulation EC no. 1493/1999. ".
Second In item 77, the current text beneath the words "not subject to charge"
Renumbered 1 and the following paragraph 2 of which, including footnotes
fn. 46b reads:
"The second decision granting new planting rights or release
decision granting planting rights from the reserve-46a)
young farmers-46b).
46b), Art. 12 paragraph. 1 point. b) of Commission Regulation (EC) no. 1227/2000. ".
PART THREE
EFFICIENCY Article IV
This Act comes into force on 1 July 2006, with the exception of
part, which comes into force on its publication.
Pp. Kasal vr
Klaus vr
Paroubek mp
