234/Sb.
LAW
of 26 March. June 2013,
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.
455/1991 Coll., on trades (Trade Act), as amended by
amended
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., Act No. 281/2009 Coll., Act No. 91/2011
Coll. and Act No. 18/2009 Coll., is amended as follows:
1. in paragraph 2 of the letter j) is added:
"j) distributor of fuel a person who sells or is entitled to
sell the fuel on the territory of the United States, with the exception of
1. the sale of fuel from a service station,
2. sale of compressed natural gas, if the dealer holds
valid license to trade with the gas under the Energy Act. ".
2. Section 4a and 4b, including headings are deleted.
3. in paragraph 5, the following paragraph 5a is inserted:
"§ 5a
Distributor of fuel and petrol station operator is obliged to
the territory of the United States to buy fuel only
and) from a person registered as a distributor of fuel, or
(b)) to the gas station, entered in the register of service stations. ".
4. in paragraph 6, the following new section 6a-6 p, which including the following titles:
"§ 6a
The conditions of fuel distribution
(1) the Customs office issuing the opinion referred to in the Trade Act to request
about
and the trade licence for distribution) of fuel,
(b) the provisions of the responsible representative) approval for the distribution of fuel
on a weight basis.
(2) the customs authority has issued a favourable opinion on if a condition is met
the reliability of the
and the applicant for the trade licence) for the distribution of fuel,
(b)) statutory authority or a statutory authority of the applicant and the
(c) the representative of the applicant).
(3) the reliability Condition must be met for the duration of
a trade licence for the distribution of fuel
and the holder of the trade licence) for fuel distribution,
(b)) a statutory body or a member of the statutory body of the holder
and
(c) the responsible representatives of this holder).
(4) in the event that the Customs Office will issue a dissenting opinion, this
opinion on the reasons for such denial.
§ 6b
The reliability of the
(1) for reliable for the purposes of this Act, the person shall be deemed to
and it is irreproachable and)
(b)) in the last 3 years has seriously violated tax or customs
legislation or this Act.
(2) the integrity, for the purposes of this Act, the person shall be deemed to
has not been lawfully convicted of a crime against property or for
economic crime, or it looks like he has not been convicted.
(3) If a legal person commits serious breaches of the tax or customs
legislation or this Act, for the purposes of the assessment of the visor meet
the terms of the reliability of the person who was, at the time of this violation in
the statutory body of the legal person, or a member of a statutory
authority, as if he is also violated.
(4) If a person commits serious breaches of the law, looking for
the purpose of the assessment of the condition of the reliability of the person who was in the
the time of this violation of the responsible representatives of this person, as though it
infringed.
§ 6 c
Demonstrating integrity
(1) if the person who must satisfy the condition of reliability,
a stranger, or a legal person who is not established in the territory of the United
Republic, connects the applicant to request a trade licence for the
distribution of fuel also extract from the register of criminal penalties or equivalent
a document issued by a State,
and whose is this person) is a national, or in which it is located and
(b)) in the last 3 years this person was, or
resided continuously for longer than 3 months.
(2) if the person who must satisfy the condition of reliability, a
national of the United States, which abstained in the last 3 years
continuously for more than 3 months in the territory of another State, attaches
the applicant, the application for the trade licence for the distribution of fuel
materials also extract from the register or an equivalent document issued by a
by that State.
(3) a person who is or was a national of another Member
State other than the United States or a person who has resided in
another Member State than in the Czech Republic may, in place of the documents referred to in
paragraph 1 or 2 to the application for trade permissions to attach a different
document proving their integrity.
(4) if the State does not issue the document referred to in paragraphs 1 to 3, you can
replace the solemn statement made by the document before a notary or
authorities of that State, which is not older than 3 months.
(5) a Distributor of fuel prompted Customs Office must submit
the document referred to in paragraphs 1 to 4 within the period specified by the Office.
§ 6 d
Responsible representative of the
(1) the responsible representatives of the Distributor fuel may be
appointed as the only person who does not perform the function of a responsible representative of the
for another distributor of fuel.
(2) the Trade Licensing Office will cancel the trade licence for distribution
fuel or changes its range if
and distributor of fuel neustanovil) representative, although
This trade Act requires, or
(b) Trade Office approve provisions) of the new representative,
because this representative does not meet the
1. the condition referred to in paragraph 1,
2. reliability, condition or
3. the conditions laid down by the trade law.
Fuel distributor registration
section 6e
Marketing authorisation procedure
(1) fuel Distributor is obliged to, before the start of their
the activities of the register at the Office.
(2) registration for the management and administration of the payment of the security deposit shall apply mutatis mutandis
the provisions of the tax code.
section 6f
The application for registration
The application for registration shall be filed electronically.
§ 6 g
Conditions for registration
(1) the conditions of registration are:
and no debts),
(b)) the trade licence for the distribution of fuel,
(c)), the fact that has not ratified the ban on fuel distributor
activities that prevented the performance of its activities,
(d)), the fact that the distributor of the fuel is not in liquidation or in
bankruptcy, and
(e)) the provision of bail.
(2) the registration criteria must be met for the entire period of the registration.
§ 6 h
No debts
(1) for the bezdlužnou, for the purposes of this Act, a person who does not
recorded an outstanding balance
and financial management authorities) in the Czech Republic,
(b)) with the authorities of the customs administration of the Czech Republic,
(c)) on the insurance, and the penalty on universal health insurance, and
(d)) in the insurance and finance charges on social security and a contribution to
State employment policy.
(2) the condition of indebtedness must be fulfilled at the same time
and distributor of fuel)
b) by a person in a legal entity, which is a distributor of fuel
materials, a statutory body or a member of the statutory body, and
c) responsible representatives of the fuel distributor.
(3) no debts referred to in paragraph 1 (b). (c)), and (d)) shall be demonstrated
certificates that are not older than 30 days before the date of filing of the application
to register a.
§ 6i
Security deposit
(1) a Distributor of fuel is required to provide a security deposit,
and the composition of the amount) 20 000 000 Czk to the special account of the Customs Office
with the fact that the bail in this amount must be on this account all the time
fuel distributor registration, or
(b)) a bank guarantee, which was adopted by the Office to ensure that arrears in
the total amount of up to 20 000 000 Czk that are recorded by the Customs authorities
administration of the United States or for other tax administrators to the eighty-fourth day
from the date of cancellation or termination of the Distributor's registration of fuel.
(2) a bank guarantee must be granted for a specified period, which shall not
be shorter than 2 years.
section 6j
The use of bail
(1) if the cancellation or termination of the final registration
fuel distributor, becomes a compound the amount of overpayment
distributor of fuel. If the resulting overpayment, vratitelným
overpayment, return it to the Office of the distributor of fuel within 90
days from the date of a final cancellation or termination of the Distributor's registration
of fuel.
(2) the time limit referred to in paragraph 1 is not running while the authority of the Customs Administration
The United States or in any other proceedings, tax administrator
and the result can be) its decisions on the determination of tax, fee, or
other similar financial and
(b)) which was launched within 90 days from the date of final withdrawal or
the demise of the fuel distributor registration.
(3) if there is a cancellation or termination of the fuel distributor registration
materials, the Office will invite the issuer bank guarantee for the payment of arrears
registered to the eighty-fourth day from the date of cancellation or termination of registration with the
a) of the Customs Office
(b)) other tax authorities that its payment of the Customs Office.
(4) the Office shall invite the issuer bank guarantee soon after 90 days,
not later than 5 months after the date of cancellation or termination of registration
distributor of fuel.
(5) the issuer of a bank guarantee is required to pay the amount within 15 days of
the date of receipt of the request.
§ 6 k
The marketing authorisation
(1) If a distributor of fuel conditions of registration, the Office of
It registers; the marketing authorisation shall assign a registration
number.
(2) the time limit for the issue of a marketing authorisation does not run from the date on which the customs
the Office took the initiative to eliminate or change a trade licence for the
distribution of fuel, until the final termination of winding
or about the change of the trade licence.
(3) the Distributor of fuel is registered the fifth day following
After the effectiveness of the marketing authorisation until the effectiveness of the decision on the
cancellation of registration or to the termination of the registration; the Office shall publish the date
registration in the register of distributors of fuel up to the day
registration.
§ 6 l
Cancellation of registration on a proposal from the
The Customs Office shall cancel the registration of the design of the fuel distributor.
§ 6 m
Cancellation of the registration of the ex officio
(1) if the Office finds that the conditions for registration are not fulfilled, it will invite the
fuel distributor to meet them at such time limit, the
If the nature of the conditions of this meet and there is no danger admits
of late.
(2) the Office shall cancel the registration if
and fuel distributor) challenge the Customs Office does not ensure in
the prescribed period that the conditions of registration,
(b) the conditions for registration are not met), to which the Customs Office of
fuel distributor to do so,
(c)) is not a condition of the reliability of the persons referred to in section 6a of paragraph 1. 3
(a). a) to (c)),
(d)) the insolvency court rejects the insolvency petition for lack of assets
fuel distributor, or
e) distributor of fuel for a period of 12 consecutive calendar
months does not do its work.
(3) where the registration has been cancelled ex officio, the distributor may
fuel apply to register soon after 3 years
the date when the decision on the cancellation of registration has power,
If this is not about the cancellation of the registration in accordance with paragraph 2 (a). (e)).
§ 6n
Termination of registration
(1) the registration shall cease
and a trade licence for) termination of distribution of fuel,
(b)) 5 months before the date of expiry of the period for which it was provided
Bank guarantee, which is bond.
(2) the registration referred to in paragraph 1 (b). (b) if it is extinguished)
and) period for which the bank guarantee was granted, extended at least
about 2 years ago,
(b)) granted the new bank guarantee, which immediately follows the
the previous bank guarantee and which was adopted by the Office, or
c) consists of the deposit amount in the special account of the Customs Office.
§ 6o
Information duty of the Customs Office
The Customs Office shall inform the issuer of a bank guarantee of cancellation or termination of
fuel distributor registration.
§ 6 p
Register of distributors of fuel
(1) the Directorate-General of customs maintains a registry of fuel distributors,
in which collects the information necessary for the performance of Customs authorities
administration of the Czech Republic under this law.
(2) the Directorate-General of customs duties exposes the way allowing remote
access this information from the registry, distributors of fuel:
a) trade name or name and surname, or name,
(b) the registered office or place of business),
(c)), tax identification number,
(d)) the registration number,
e) day of registration,
f) day cancellation or termination of registration,
g) an indication of whether the registration
1. the draft was abolished,
2. has been cancelled ex officio or
3. the lapse, the
h) change published data from the registry of distributors of fuel and
the day of the change.
(3) register distributors of fuel containing the information referred to in paragraph 1
even in the event that the registration has been cancelled or allowed to lapse; information referred to in
paragraph 2 shall be made public after a period of 3 years from the date of cancellation or termination of
registration.
(4) if there is a cancellation of the registration of the ex officio, unless it is a
cancellation of registration pursuant to section 6 para. 2 (a). (e)), the Office shall submit the complaint
to cancel or change a trade licence for the distribution of fuel
m/m ".
5. the Above section 7, the following title is added: "the scope of the administrative authorities".
6. In article 7 (2). 3, the words "section 4A(1). 1, 5 and 7, and "are deleted.
7. in paragraph 7 of the text at the end of paragraph 3, the words "§ 5a and
duties in connection with the registration of fuel distributor ".
8. in paragraph 9, paragraphs 8 and 9 are added:
"(8) a Distributor of fuel is guilty of an administrative offense, by
carried out its activities without registration.
(9) a Distributor of fuel or petrol station operator is
committing an administrative offense that buys fuel in violation of §
5a. ".
9. in § 9 para. 10 at the end of the text of the letters and words ") or
paragraph 8 or paragraph 9 ".
10. in § 9 para. 10 (a). (b)), the words "paragraph 4" shall be replaced by
"or paragraph 4" and the words "paragraph (8)(a). and) or paragraph 9 "
shall be deleted.
11. in § 9 para. 10 (a). (c)), the words "paragraph 6 or paragraph 8
(a). (b)) "shall be replaced by" or "in paragraph 6.
12. in section 9, the following paragraph 11, which read:
"(11) for the administrative offence referred to in paragraph 9, you can along with a fine save
prohibition of activity for up to 2 years, if it was an administrative offence committed by this
activities or in connection with it. ".
13. in article 11, paragraph 2 shall be deleted and shall be deleted at the same time, paragraph
1.
Article. (II)
Transitional provisions
1. A Distributor of fuel that has been entered in the register of distributors
fuel pursuant to Act No. 311/2006 Coll., in the version in force prior to the
the effective date of this Act, is deemed to be the Distributor
fuel registered under Act No. 311/2006 Coll., as amended by
effective from the date of entry into force of this Act, for a period of 1 month
from the date of entry into force of this Act.
2. If the fuel distributor referred to in section 1 within 1 month from the date of
entry into force of this Act shall submit an application for registration, and shall provide the
bail pursuant to § 6i Act No. 311/2006 Coll., in the version in force from the date of
entry into force of this law, shall be considered a fuel distributor
materials registered under Act No. 311/2006 Coll., in the version in force from
the effective date of this Act, until the day preceding the day
the final completion of the registration procedure.
3. If the distributor fails to comply with the fuel conditions referred to in point 2,
It is considered a distributor of fuel whose registration has been
cancelled on the day following after a period of 1 month from the date of application of
of this Act.
4. If the application for marketing authorization pursuant to point 2, shall be deemed rejected
fuel distributor on the date of acquisition of legal power negative
the decision for a distributor of fuel whose registration has been
cancelled.
5. If the fuel distributor filed within 1 month of the effective date
the effectiveness of this law, the application for a trade licence for the distribution of
the fuel must not be the application for marketing authorization pursuant to point 2 of the rejected
because of non-compliance with the conditions referred to in section 6 g of paragraph 1. 1 (b). b) of law No.
311/2006 Coll., in the version in force from the date of entry into force of this Act,
before deciding to trade the authority to this request.
PART TWO
Amendment to the Trade Licensing Act
Article. (III)
Act No. 455/1991 Coll., on trades (Trade Act),
as amended by Act No. 234/1992 Coll., Act No. 586/1992 Coll., Act No.
600/1992 Coll., Act No. 273/1993 Coll., Act No. 303/1993 Coll., Act No.
38/1994 Coll., Act No. 42/1994 Coll., Act No. 133/1994 Coll., Act No.
200/1994 Coll., Act No. 237/1995 Coll., Act No. 283/1995 Coll., Act No.
94/1996 Coll., Act No. 95/1996 Coll., Act No. 147/1996 Coll., Act No.
19/1997 Coll., Act No. 49/1997 Coll., Act No. 61/1997 Coll., Act No.
79/1997 Coll., Act No. 217/1997 Coll., Act No. 277/1997 Coll., Act No.
15/1998 Coll., Act No. 82/1998 Coll., Act No. 157/1998 Coll., Act No.
167/1998 Coll., Act No. 159/1999 Coll., Act No. 359/1999 Coll., Act No.
363/1999 Coll., Act No. 360/1999 Coll., Act No. 363/1999 Coll., Act No.
27/2000 Coll., Act No. 29/2000 Coll., Act No. 121/2000 Coll., Act No.
122/2000 Coll., Act No. 121/2000 Coll., Act No. 128/2000 Coll., Act No.
149/2000 Coll., Act No. 151/2000 Coll., Act No. 155/2000 Coll., Act No.
247/2000 Coll., Act No. 247/2000 Coll., Act No. 258/2000 Coll., Act No.
308/2000 Coll., Act No. 367/2000 Coll., Act No. 406/2000 Coll., Act No.
458/2000 Coll., Act No. 61/2001 Coll., Act No. 100/2001 Coll., Act No.
120/2001 Coll., Act No. 164/2001 Coll., Act No. 257/2001 Coll., Act No.
273/2001 Coll., Act No. 477/2001 Coll., Act No. 483/2001 Coll., Act No.
501/2001 Coll., Act No. 86/2002 Coll., Act No. 119/2002 Coll., Act No.
174/2002 Coll., Act No. 281/2002 Coll., Act No. 312/2002 Coll., Act No.
320/2002 Coll., Constitutional Court declared under no. 476/2002 Coll.
Act No. 88/2003 Coll., Act No. 130/2003 Coll., Act No. 162/2003 Coll.
Law No 224/2003 Coll., Act No. 228/2003 Coll., Act No. 274/2003 Coll.
Act No. 356/2003 Coll., Act No. 441/2003 Coll., Act No. 38/2004 Coll.,
Act No. 119/2004 Coll., Act No. 167/2004 Coll., Act No. 256/2004 Coll.,
Act No. 326/2004 Coll., Act No. 499/2004 Coll., Act No. 695/2004 Coll.,
Law No 58/2005 Coll., Act No. 95/2005 Coll., Act No. 127/2005 Coll.
Act No 215/2005 Coll., Act No. 251/2005 Coll., Act No. 361/2005 Coll.
Act No. 428/2005 Coll., Act No 444/2005 Coll., Act No. 62/2006 Coll.
Act No. 76/2006 Coll., Act No. 109/2006 Coll., Act No. 115/2006 Coll.
Act No. 137/2006 Coll., Act No. 159/2006 Coll., Act No. 165/2006 Coll.
Act No. 179/2006 Coll., Act No. 186/2006 Coll., Act No. 191/2006 Coll.
Act No. 216/2006 Coll., Act No. 216/2006 Coll., Act No. 225/2006 Coll.
Act No. 309/2006 Coll., Act No. 315/2006 Coll., Act No. 160/2007 Coll.
Act No. 269/2007 Coll., Act No. 270/2007 Coll., Act No. 296/2007 Coll.
Act No. 130/2008 Coll., Act No. 189/2008 Coll., Act No. 230/2008 Coll.,
Act No. 254/2008 Coll., Act No. 274/2008 Coll., Act No. 227/2009 Coll.,
Act No. 285/2009 Coll., Act No. 292/2009 Coll., Act No. 145/2010 Coll.,
Act No. 155/2010 Coll., Act No. 160/2010 Coll., Act No. 424/2010 Coll.,
Act No. 427/2010 Coll., Act No. 73/2011 Coll., Act No. 152/2007 Coll.
Act No. 350/2011 Coll., Act No. 351/2007 Coll., Act No. 355/2007 Coll.
Law No 375/2007 Coll., Act No 420/2007 Coll., Act No. 428/2007 Coll.
Act No. 458/2011 Coll., Act No. 53/2010 Coll., Act No. 119/2009 Coll.,
Act No. 167/2012 Coll., Act No. 169/2009 Coll., Act No. 199/2009 Coll.,
Act No. 207/2009 Coll., Act No. 202/2009 Coll., Act No. 221/2009 Sb.
and Act No 407/2009 Coll., is amended as follows:
1. in annex No. 2 TRADE with business-BOUND "production and
processing of fuels and lubricants "shall be deleted.
2. in annex No. 3 FRANCHISED BUSINESS for business "buying a and
sale, lending, development, production, repair, modification, storage,
storage, transport, degradation and destruction of the safety material "
Inserts a new line of business: manufacturing and processing of fuels and
lubricants and fuel distribution ".
3. in annex No. 3 FRANCHISED BUSINESS in the business of manufacturing and
processing of fuels and lubricants and fuel distribution "in the second column
the text reads:
"for the production and handling of fuels and lubricants:
and higher education in the learning) program
and the study focused on chemistry and 1 year
practice in the field, or
(b)), higher professional education in the field of education focused
on chemistry and 3 years experience in the industry, or
c) secondary education with a GCSE in the field
education focused on chemistry and 3 years experience
in scope, or
d) certificates of retraining or other evidence of professional
qualifications for the work
issued by an accredited facility under special
law or by an establishment accredited
The Ministry of education, youth and sports,
or the Ministry to whose scope includes industry,
in which the business is operated, and 4 years
practice in the field, or
e) documents under section 7 (2). 5 (b). a), b), c), (d))
or (e)) of the Trade Act;
for the distribution of fuel:
and) University degree and 1 year of experience in the field,
or
(b)), higher professional education and 2 years of experience in the field,
or
c) secondary education to GCSE and 3 years
practice in the field, or
d) secondary education and 4 years of experience in the field. "
4. in annex No. 3 FRANCHISED BUSINESS in the business of manufacturing and
processing of fuels and lubricants and fuel distribution "in the fourth
column, the text reads: "for the distribution of fuel Customs Office".
5. in annex No. 3 FRANCHISED BUSINESS in the business of manufacturing and
processing of fuels and lubricants and fuel distribution "in the fifth column
the text reads: "the law of no 311/2006 Coll., on motor fuel and petrol
fuel stations and amending certain related laws
(law on motor fuel), as amended ".
Article. (IV)
Transitional provisions
1. the entrepreneur, which is on the date of entry into force of this Act shall be entitled to
produce and process the fuel and lubricants or sell fuel,
can the effectiveness of this law in such activities continue for a period of 1
months from the date of entry into force of this Act. At the request of the entrepreneur in
that period, Trade Office for the concession for the "production and processing of fuels and
lubricants and fuel distribution "in full or in part
business and evidence of documents required under the new legal
Edit, if the Trade Office is available from previous proceedings,
may in the manufacture and processing of fuels and lubricants in the sale of fuel
elsewhere than at a service station on the basis of the authorization referred to in the first sentence,
continue until a final decision on the award of the concession, or about
rejection of the application for the concession or terminating the proceedings. The mere lapse of
the deadline for the submission of applications for the concession of the right to produce and process the fuel and
lubricants and sell fuel elsewhere than at a service station
entrepreneurs shall cease to exist.
2. Receipt of the application for the concession referred to in point 1 shall not be subject to the administrative fee.
PART THREE
REGULATION (EEC)
Article. In
Decree No. 103/2007 Coll., on registration of fuel distributors,
repealed.
PART FOUR
The EFFECTIVENESS of the
Article. (VI)
This Act shall take effect on the first day of the second month following its
publication.
Němcová in r.
Zeman in r.
Samantha r in r.
