91/2011 Sb.
LAW
of 3 July 2003. March 2011,
amending Act No. 311/2006 Coll., on motor fuel and petrol
fuel stations and amending certain related laws
(law on motor fuel), as amended, and Act No.
86/2002 Coll., on the protection of air and amending some other acts
(Act on the protection of the atmosphere), as amended
Change: 201/2009 Sb.
Parliament has passed the following Act of the United States:
PART THE FIRST
Amendment of the Act on motor fuel
Article. (I)
Act No. 311/2006 Coll., on motor fuel and petrol stations
fuel and amending some related laws (Act on
motor fuel), as amended by law no 575/2006 Coll., Act No. 107/2007
Coll., Act No. 227/2009 Coll. and Act No. 281/2009 Coll., is amended as follows:
1. At the end of footnote 1, the following sentence "Directive
The European Parliament and of the Council 2009/30/EC of 23 December 2003. April 2009
amended Directive 98/70/EC as regards the specification of petrol, diesel
diesel and gas oil, the establishment of a mechanism to monitor and reduce the
greenhouse gas emissions, and to Council Directive 1999/32/EC as regards the
the specification of fuel used by inland waterway vessels, and that
repealing Directive 93/12/EEC. '.
2. In paragraph 1, point (b)) the following new point (c)), which read as follows:
"(c)) registration of fuel distributors".
Letter c) is renumbered as paragraph (d)).
3. In paragraph 2 (a). a) after the word "biofuel", the words "or other
fuel from renewable energy sources ".
4. In section 2, at the end of the letter h) dot is replaced by a comma and the following
the letters i) and (j)) are added:
"i) biofuel liquid or gaseous fuel intended for use in transport and
produced from biomass,
j) distributor of fuel, the person who sells the fuel to
the territory of the United States, with the exception of the sale of fuel at the gas
station. ".
5. In section 3, the following new paragraph 1, paragraphs 2 and 3, including the
footnote No 14:
"(2) the person who places the motor gasoline or diesel fuel to
free tax circulation on the territory of the Czech Republic according to the law on
excise tax ^ 14) for transport purposes or which adds to the tax
the territory of the United States according to the law on excise duties ^ 14) for
transport purposes motor gasoline or diesel fuel, referred to
free tax circulation in another Member State of the European Union, is required to
and) to ensure that her range of motor gasolines contain
motor gasoline also containing oxygen up to 2.7%
by weight and containing no more than 5 percent ethanol by volume, and
(b) make on the sale of motor) of petrol or diesel
information about the contents of biofuels in motor gasoline or diesel fuels.
(3) the manufacturer, the importer, exporter and distributor of fuel is required to
should be placed in packing slips in case of supplies of motor petrol or
biofuel in diesel fuel fuel mass, expressed as a percentage
Vol.
14) Act No. 356/2003 Coll., of the Excise Tax Act, as amended
regulations. ".
The current paragraph 2 shall become paragraph 4.
6. in section 3, paragraph 2 reads as follows:
"(2) the person who places the motor gasoline or diesel fuel to
free tax circulation on the territory of the Czech Republic according to the law on
excise tax ^ 14) for transport purposes or which adds to the tax
the territory of the United States according to the law on excise duties ^ 14) for
transport purposes motor gasoline or diesel fuel, referred to
free tax circulation in another Member State of the European Union, is required to
make available on the sale of motor petrol or diesel
information about the contents of biofuels in motor gasoline or diesel
diesel. ".
7. in section 4, paragraph 4. 1 the term "reseller" shall be replaced by the word "distributor".
8. in paragraph 4, the following new paragraph 4a and 4b, which including the following titles:
"§ 4a
Fuel distributor registration
(1) fuel Distributor is obliged to, before the start of their
activities to register with the Office of the competent
or place of residence. If the distributor does not have a registered office or place of fuel
stay on the territory of the Czech Republic, is the locally competent Customs Office
Customs Office in Prague 1. Notice of initiation of activity pattern and the pattern confirmation
for registration laid down detailed legislation.
(2) in the notice of initiation of the activities of the individual entrepreneur shall be
the name or names, surname or business name, address of permanent
residence, place of business and the tax identification number for foreign
also the address of the residence in the territory of the Czech Republic, where her stay
enabled, the address of the reporting of the stay on the territory of the Czech Republic or the location of the
organizational units of the company on the territory of the Czech Republic, if it is established,
tax identification number assigned abroad, if allocated, the
address of agent for service of process in this country, if he is not a foreign person on
allowed stay in the Czech Republic or the organizational unit folder.
(3) in the notice of initiation of the activities of the legal person shall indicate the business name
or the name, address, tax identification number, at a foreign person also
the location of the organizational units of the company in the Czech Republic, if it
is established, the tax identification number allocated by the abroad, if the
assigned the address of agent for service of process in this country, if he does not
a foreign person in the territory of the Czech Republic is added to an organizational folder.
(4) if the notice of the initiation of the activities provided for in paragraph 2
or 3, and if the fuel distributor holds appropriate
a trade licence, the Office of registration and issue
fuel distributor a confirmation of registration.
(5) the fuel Distributor is obliged to notify the Office of that
registered, any change in the data reported in accordance with paragraph 2
or 3 and end its activities within 10 days from the date when the change of the data or
their activities have occurred.
(6) the Office shall delete the person from the register of distributors of fuel
, if the fuel distributor terminates its activities.
(7) the Distributor of fuel and petrol station operator is
shall in the territory of the United States to buy fuel only from the person
entered in the register of distributors of fuel.
§ 4b
Register of distributors of fuel
(1) the Directorate-General of customs maintains a registry of distributors of fuel.
Register of distributors of fuel is a public list, is kept in the
electronic form, and the data entered in it shall be published, except
address of permanent residence, residence addresses, residence and an agent for the reporting
foreign persons, in a manner allowing remote access.
(2) fuel distributors in the registry are written
a) information referred to in the notice of initiation of the activity under section 4A(1). 2 or
3,
(b)) date of the registration,
(c) the data entered in) change to the registry, and the date of the change in the registration,
(d) the date of the termination.). "
9. In paragraph 5, the following paragraph 9, including footnote # 15
added:
"(9) a petrol station operator is required to
and mark) fuel dispensers the trade name
sold or issued by fuel and the number of the relevant United
technical standards, which sets out the composition and quality of the fuel,
(b)) available on the petrol station information
1. on the quality of fuel sold or issued, and their
the hazardous properties of ^ 15),
2. on the content of biofuel as sold, or published the engine petrol and about
the possible use of individual species sold or issued
motor petrol,
3. on the content of biofuels, in particular on the content of fatty acid methyl esters,
in sold or issued by diesel
(c)) ensure that for each calendar day conducted conclusive evidence
about the amount of fuel sold or issued, in which it is particularly
for each fuel dispenser fuel recorded status summary
the counter on the gauge under the law on metrology; This
the register is a petrol station operator shall keep for a period of 3
years from the date of the sale or supply of fuel; the operator of a gas
the station is also required to ensure that, upon request of the authorities specified in §
7 (2). 3 the evidence presented was promptly and was invoked by State
cumulative counters provided for according to the law on metrology,
(d)) to ensure that at the gas station, which is being sold or issued
petrol containing ethanol from 5 to 10 percent by volume,
the dispenser the indication of the ethanol content in
motor gasoline
(e)) to ensure at the gas station, that are sold or issued
fuel with metal additives the dispenser
fuel rack brand, which contains the text: "contains the metal
additives. '; mark must be clearly written, clearly visible and easy to
legible and
(f)) to ensure that at least 50 percent of service stations
the total number of gas stations operated by a State, which
sold or issued to motor gasoline was sold or issued, also
petrol containing oxygen up to 2.7 percent by weight and
containing a maximum of 5 percent ethanol by volume.
15) Act No. 356/2003 SB., on chemical substances and chemical
preparations and amending certain laws, as amended. ".
10. in § 5 para. 9 at the end of subparagraph (d)) following the word "and" at the end of
subparagraph (e)), the comma and the word "and" is replaced by a dot and the letter f)
repealed.
11. In paragraph 6 (1). 1, the second sentence is replaced by the phrases
"Evidence of gas stations is conducted in electronic form.
The Ministry published as allowing remote access list
petrol stations on which the fuel is sold, and that
contains the information referred to in paragraph 2 (a). (c)), and (d)). Other data from the
registration of gas stations are non-public. ".
12. In paragraph 7 (2). 2 (a). and) with the word "dealer" shall be replaced by
"distributor", after the word "exporter" shall be inserted after the words "and with the operator
petrol station "and the number" 2 "is replaced by the number" 4 ".
13. in section 7 (2). 2 (b)):
"(b)) of obligations under § 3 para. 1 and 2, § 5 para. 2, 5, 6 and 7 and §
5 (3). 9 (a). a), b), (d)) to (f)). ".
14. in section 7 (2). 2 (a). (b)), the words "to (f))" shall be replaced by "and (e))".
15. In article 7, paragraph 2, the following paragraphs 3 and 4 are added:
"(3) the Customs authorities shall check the fulfilment of the obligations under section 3 (1). 3, § 4a
paragraph. 1, 5 and 7 and § 5 para. 9 (a). (c)).
(4) the Czech trade inspection exposes a manner allowing remote
access the final decisions of the Czech trade inspection relating to the
fuel filling stations, operators of service stations,
carriers and distributors of fuel, for which the control has detected that
the quality or composition of the sold, published or carried
the fuel is not in accordance with this Act. ".
Paragraphs 3 and 4 shall become paragraphs 5 and 6.
16. in § 9 para. 1 at the end of subparagraph (c)) the following the word "or",
the end of paragraph (d)), the comma is replaced by a dot, and the letters e) to (i))
shall be deleted.
17. in section 9, paragraph 2 reads as follows:
"(2) a legal entity or individual entrepreneur as the owner of the petrol
the station is guilty of an administrative offense by that, contrary to section 6 (1). 3
(a). and to notify prior to launch) pumping station into service data in
registration of service stations under section 6 (1). 2 (a). a), b) or (c)) or in
contrary to section 6 (1). 3 (b). (b) fails to notify the placing gas station) to
operation or closure of a pumping station or change data
an Enrollee in the register of service stations under section 6 (1). 2 (a). and)
(b)), or (c)). ".
18. in section 9, the following paragraph 3 to 10 are added:
"(3) a legal entity or individual entrepreneur as the owner of the petrol
station according to § 5 para. 1 (b). (b)) is guilty of an administrative offense, by
contrary to section 5 (3). 8 does not ensure that its operation has not
threat to the life or health of persons, their property or the
environment.
(4) a petrol station operator commits an administrative offense, by
and) contrary to section 5 (3). 5 carries out mobile pressure vessels with liquefied
petroleum gases, where applicable, their implementation will allow
(b)) does not ensure the designation of fuel dispensers according to § 5 para.
9 (a). and) or into a gas station, for which it is sold, or
issued to motor gasoline containing ethanol from 5 to 10 percent
by volume, the dispenser an indication of content
ethanol in motor gasoline under section 5 (3). 9 (a). (d)),
(c)) available for you at the gas station information according to § 5 para. 9 (a).
(b)),
d) contrary to section 5 (3). 9 (a). (c) does not ensure the keeping of the State)
cumulative counters of each of the dispenser or the registration
not retained for 3 years from the date of the sale or supply of fuel or
does not ensure its submission and the invocation of a State of total counter
dispenser,
e) as the operator of petrol stations at which it is sold or issued
petrol is not silent, does not ensure the sale or issue
additive additives or lead-free petrol with these ingredients according to
§ 5 para. 6,
(f)) as the operator of service stations, which are sold or
issued by fuel additives, metal does not ensure the designation
the relevant dispenser fuel brand according to § 5 para. 9
(a). (e)), or
g) locks into operated by petrol stations, on which it is
sold or issued to motor gasoline, whether or not the sale or dispensing of motor
petrol containing oxygen and ethanol, according to § 5 para. 9 (a). (f)).
(5) a legal entity or individual entrepreneur as a person, as referred to in § 3
paragraph. 2, committing an administrative offense, by
and the sale of motor gasolines will not produce) in the assortment according to § 3 (2). 2
(a). a), or
(b) not in the sale of motor) of petrol or diesel
information about the contents of biofuels in motor gasoline or diesel fuels
According to § 3 (2). 2 (a). (b)).
(6) the manufacturer, the importer, exporter or distributor fuel
committing an administrative offense by that, contrary to section 3 (2). 3 is mentioned in the
packing slips in case of supplies of motor petrol or diesel
diesel biofuel in fuel mass, expressed as a percentage
Vol.
(7) the manufacturer, the importer, exporter or distributor of fuel or
petrol station operator commits an administrative offense, by
do not pass the comprehensive report referred to in section 4, paragraph 4. 1.
(8) the fuel Distributor committing an administrative offense, by
and performs its activities) without registration, or
b) contrary to section 4A(1). 5 notify the change of the instrument data or
with closure.
(9) a Distributor of fuel or petrol station operator is
committed an administrative offence, contrary to section 4A(1). 7 buy
motor fuel from a person who is not registered in the registry of distributors
of fuel.
(10) an administrative offense shall be fined in the
and 20 000 000 Czk), in the case of an administrative offence referred to in paragraph 1 (b). and)
paragraph 3 or paragraph 5 (b). and)
(b) 5 000 000 Czk), in the case of an administrative offence referred to in paragraph 1 (b). b), c)
or (d)), paragraph 4 (b). (d)), or (g)), paragraph 8 (a). and) or paragraph
9,
(c) 3 000 000 Czk), in the case of an administrative offence referred to in paragraph 2, paragraph 4
(a). and), b) or (f)), paragraph 5 (b). (b)), paragraph 6 or paragraph 8
(a). (b)),
(d)) 1 000 000 CZK in the case of an administrative offence referred to in paragraph 4 (b). (c)), or
(e)) or paragraph 7. ".
19. in § 9 para. 4 at the end of paragraph (e)) the following the word "or",
the end of subparagraph (f)), the comma and the word "or" is replaced by a dot and the letter g)
is hereby repealed.
20. in section 9, paragraph 5, reads as follows:
"(5) a legal entity or individual entrepreneur as a person, as referred to in § 3
paragraph. 2, committing an administrative offense by that, not when you sell
motor petrol or diesel fuel, information about the contents of biofuels in
motor gasoline or diesel fuels referred to in § 3 (1). 2. ".
21. in § 9 para. 10 (a). and the words "), paragraph 3 or paragraph 5
(a). a) "is replaced by" or "in paragraph 3.
22. in § 9 para. 10 (a). (b)), the words "or g)" shall be deleted.
23. in § 9 para. 10 (a). (c)), the words "paragraph 5 (b). (b)) "are replaced by
the words "paragraph 5".
24. in section 10, paragraph 1. 4 (b). and the words ' and) § 9 para. 1 (b). a) to (f)), and
I) "shall be replaced by the words", § 9 para. 1 (b). a) to (d)), § 9 para. 3 (a).
4 (b). a), b), c) and (e)) to (g)) and § 9 para. 5. "
25. In section 10, paragraph 1. 4 (b). and the words ' and) e) to (g)) "shall be replaced by",
e) and (f)) ".
26. in section 10, paragraph 1. 4 (b). (b)), the words "§ 9 para. 1 (b). g) and (h)) "
replaced by the words "§ 9 para. 2 and 7 ".
27. in section 10, the dot at the end of paragraph 4 is replaced by a comma and the following
subparagraph (c)), which read as follows:
"(c)), the Customs Office, in the case of administrative offences pursuant to § 9 para. 4 (b). d), §
9. 6, 8 and 9. ".
28. in paragraph 11, the words "paragraph. 2 "shall be replaced by" paragraph. 4 "and the words" paragraph.
3 "shall be replaced by" paragraph. 5. "
29. in paragraph 11 of the present text shall become paragraph 1 and the following
paragraph 2, which reads as follows:
"(2) the Ministry of finance will issue a decree to implement section 4A(1). 1. ".
Article. (II)
Transitional provision
Fuel distributors, who began their activities prior to the date
entry into force of this Act, are required to file a notice of the initiation of
activities under Section 4a of the Act No. 309/2006 Coll., in the version in force from the date of
entry into force of this Act, within 30 days from the date of entry into force of
of this Act.
PART TWO
cancelled
Article. (III)
cancelled
PART THREE
The EFFECTIVENESS of the
Article. (IV)
This law shall enter into force on the fifteenth day following the date of its
its publication, with the exception of the provisions
and) article. I, point 9, with regard to the provisions of § 5 para. 9 (a). (c)), which
shall take effect on 1 January 2000. July 2011, and
(b)) article. I, points 6, 10, 14, 19 to 23 and 25, which will become effective on the date of
on January 1, 2019.
Němcová in r.
Klaus r.
Nečas in r.
