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Amending Certain Laws In The Area Of Consumer Protection

Original Language Title: Amending certain laws in the area of ​​consumer protection

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160/2007 Coll. ACT dated 7 June 2007 amending certain laws on consumer protection, Parliament has passed this Act of the Czech Republic: PART ONE Amendment to the Czech Trade Inspection Art. (I) Act No. 64/1986 Coll., The Czech Trade Inspection, as amended by Act No. 240/1992 Coll., Act No. 22/1997 Coll., Act No. 110/1997 Coll., Act No. 189/1999 Coll., Act No. 71/2000 Coll., Act No. 145/2000 Coll., Act No. 102/2001 Coll., Act No. 507/2001 Coll., Act No. 205/2002 Coll., Act No.. 309/2002 Coll., Act No. 226/2003 Coll., Act No. 441/2003 Coll., Act No. 444/2005 Coll. and Act No. 229/2006 Coll., is amended as follows: 1. In section 3, at the end of the letter f) is replaced by a comma and a letter (g)), which including footnote No. 1 reads: "(g)) conducted in the if cross-border surveillance and proceeding in accordance with the is regulations of the European Communities ^ 1 h) the material scope of the special laws , which are reflected in the directive set out in paragraphs 2, 3, 5, 6, 7, 8, 10, 11 and 14 of the Annex to this Regulation. 1 h) of the European Parliament and Council Regulation (EC) no 2006/2004 on cooperation between national authorities responsible for the enforcement of consumer protection (Regulation on cooperation in consumer protection). ". 2. In section 7 at the end of paragraph 2 the sentence "In the case of mandated devaluation of unhealthy products is controlled by a person required to provide and transmit data about the performed impairments, particularly disclose the name and surname or the name or the business name, as well as the seat (if it is a legal person and) or place of business (if an individual) points which carried out the devaluation , the date of the impairment amount depreciated goods and in writing immediately after the devaluation. ". 3. In section 7b is inserted section 7 c, which, including footnotes. 3n and 3O reads: "§ 7 c Director of the Inspectorate in the event of a finding of infringement ^ 3n), which is controlled by a person committed in the territory of the European Communities or in another state of the European Economic Area and which harms or may harm the collective interest of consumers ^ 3o), and decision prohibiting such conduct. 3n), Art. 3 of a point. (b)) Regulation of the European Parliament and Council Regulation (EC) no 2006/2004 on cooperation between national authorities responsible for the enforcement of consumer protection (Regulation on cooperation in consumer protection). 3O) Art. 3 of a point. to the Regulation of the) European Parliament and Council Regulation (EC) no 2006/2004 on cooperation between national authorities responsible for enforcement, consumer protection (Regulation on cooperation in consumer protection). ". PART TWO Amendment to the Act on Regulation of Advertising Art. (II) In section 7 c of the paragraph. 1 of Law No. 40/1995 Coll., On regulation of advertising and amending Act No. 468/1991 Coll., On radio and television broadcasting, as amended, as amended by Act No. 25/2006 Coll., the sentence is inserted after the first sentence, which including footnote No. 33a reads: "It may also prohibit misleading and comparative advertising as unacceptable infringement under the applicable regulations of the European Communities ^ 33a). 33A) the Regulation of the European Parliament and the Council (EC) no 2006/2004 on cooperation between national authorities responsible for the enforcement of consumer protection (Regulation on cooperation in consumer protection). ". PART THREE Amendment to the Law on Radio and Television Broadcasting Art. (III) Act No. 231/2001 Coll., On radio and television broadcasting and amending other laws, as amended by Act No. 309/2002 Coll., Act No. 274/2003 Coll., Act No. 341/2004 Coll. Act No. 501/2004 Coll., Act No. 626/2004 Coll., Act No. 82/2005 Coll., Act No. 127/2005 Coll., Act No. 348/2005 Coll. and Act No. 235/2006 Coll. , is amended as follows: 1. In section 5, the letter with) the following point t), which including footnote No. 5 reads: "t) done in the case of cross-border cooperation and supervision proceeding in accordance with the is regulations of the European Communities ^ 5) the material scope of special laws, which are reflected in the directive referred to it in point 4 of the Annex hereto , 5a) of the European Parliament and Council Regulation (EC) no 2006/2004 on cooperation between national authorities responsible for the enforcement of the laws that protect consumers ' interests (the Regulation on consumer protection cooperation in). ". The existing letter t) is designated as the letter u). 2. In section 59, the following new § 59a, which, including footnotes 12 and 13 Nose reads: "section 59a of the Council in the event of a finding of infringement ^ 12), which the broadcaster or operator of retransmission committed on the territory of the European Communities or of another state of the European Economic Area and which harms or may harm the collective interest of consumers ^ 13) , decision prohibit such behavior. 12) Art. 3 of a point. (b)) Regulation of the European Parliament and Council Regulation (EC) no 2006/2004 on cooperation between national authorities responsible for the enforcement of consumer protection (Regulation on cooperation in consumer protection). 13) Art. 3 of a point. to the Regulation of the) European Parliament and Council Regulation (EC) no 2006/2004 on cooperation between national authorities responsible for the enforcement of consumer protection (Regulation on cooperation in consumer protection). ". 3. In section 66, second sentence, the words "and the sanction decision" is replaced by "decisions on fines and disqualification decisions that infringes or may infringe consumers ' collective interest-9 d). 9 d) of the European Parliament and Council Regulation (EC) no 2006/2004 on cooperation between national authorities responsible for the enforcement of consumer protection (Regulation on cooperation in consumer protection). ". PART FOUR Amendment to the Trade Act Art. (IV) Act No. 455/1991 Coll., on Trades (Trade Act), as amended by Act No. 229/1992 Coll., Act No. 600/1992 Coll., Act No. 273/1993 Coll., Law No. 303/1993 Coll., Act No. 38/1994 Coll., Act No. 42/1994 Coll., Act No. 136/1994 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. 280/1997 Coll., Act No. 15/1998 Coll., Act No.. 83/1998 Coll., Act No. 157/1998 Coll., Act No. 167/1998 Coll., Act No. 159/1999 Coll., Act No. 356/1999 Coll., Act No. 359/1999 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. 122/2000 Coll., Act No. 123/2000 Coll., Act No. 121/2000 Coll., Act No. 149/2000 Coll., Act No. 151/2000 Coll., Act No. 158/2000 Coll. Act No. 247/2000 Coll., Act No. 249/2000 Coll., Act No. 258/2000 Coll., Act No. 308/2000 Coll., Act No. 367/2000 Coll., Act No. 409/2000 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. 256/2001 Coll., Act No. 274/2001 Coll., Act No. 477/2001 Coll., Act No. 478/2001 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. 308/2002 Coll., Act No. 320/2002 Coll., finding Constitutional Court promulgated under no. 476/2002 Coll., Act No. 88/2003 Coll., Act No. 130/2003 Coll., Act No. 162/2003 Coll., Act No. 224/2003 Coll., Act No.. 228/2003 Coll., Act No. 274/2003 Coll., Act No. 354/2003 Coll., Act No. 438/2003 Coll., Act No. 38/2004 Coll., Act No. 119/2004 Coll., Act No. 167/2004 Coll., Act No. 257/2004 Coll., the Act No. 326/2004 Coll., Act No. 499/2004 Coll., Act No. 695/2004 Coll., Act. 58/2005 Coll., Act No. 95/2005 Coll., Act No. 127/2005 Coll., Act No. 215/2005 Coll., Act No. 253/2005 Coll., Act No. 358/2005 Coll. of 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. 161/2006 Coll., Act No. 165/2006 Coll., Act No. 179/2006 Coll., Act No. 186/2006 Coll. of Act No. 191/2006 Coll., Act No. 212/2006 Coll., Act No. 214/2006 Coll., Act No. 225/2006 Coll., Act No. 310/2006 Coll. and Act No. 315/2006 Coll., is amended as follows: In section 58, the following new section 59 , which, including footnotes 40a and 40b nose reads: "§ 59 Trade Licensing Office may impose entrepreneurs carrying on business" travel agencies "or" travel agency "apart of infringement-40a) in operating those businesses that infringes or may infringe consumers ' collective interest-40b) and which is committed on the territory of the European Communities or of another state of the European Economic Area. "This is apart of and reason for revoking or suspending the business license. 40A) Article. 3 of a point. (b)) Regulation of the European Parliament and Council Regulation (EC) no 2006/2004 on cooperation between national authorities responsible for the enforcement of consumer protection (Regulation on cooperation in consumer protection). 40B) Art. 3 of a point. to the Regulation of the) European Parliament and Council Regulation (EC) no 2006/2004 on cooperation between national authorities responsible for the enforcement of consumer protection (Regulation on cooperation in consumer protection). ". PART FIVE Amendment to the Czech National Bank Article. The Law no 6/1993 Coll., on the Czech National Bank, as amended by Act No. 60/1993 Coll., Act No. 15/1998 Coll., Act No. 442/2000 Coll., the judgment of the Constitutional Court promulgated under no. 278/2001 Coll., Act No. 482/2001 Coll., Act No. 127/2002 Coll., Act No. 257/2004 Coll., Act No. 377/2005 Coll. , Act No. 57/2006 Coll., Act No. 62/2006 Coll., and Act No. 230/2006 Coll., is amended as follows: 1. In section 44, the following new section 44a, which, including footnotes. 9 g, 9 h and 9i reads: "§ 44a (1), The Czech National Bank shall supervise compliance with the obligations set out by the Civil Code for the conclusion of contracts for financial services II, persons referred to it remotely in § 44 para. 1, with the exception of persons who issue electronic money on the basis of the authorization under special legislation 9 (g)). (2) In the case of cross-border cooperation Czech National Bank shall exercise supervision under paragraph 1, proceeding in accordance with the is regulations of the European Communities ^ 9 h). (3) If the Czech National Bank and "or if it has reasonable grounds for suspecting that there may be" of common interest and of consumers ^ 9i) an entity over which it exercises supervision pursuant this paragraph 1, and which has committed an infringement on the territory of a Member State of the European Communities or in another state of the European Economic Area , prohibit that person from continuing the infringement. 9 g) of section 19 of Act No. 124/2002 Coll., On transfers of funds, electronic payment instruments and payment systems (the Payment System Act), as amended by Act No. 62/2006 Coll. 9 h) Regulation of the European Parliament and Council Regulation (EC) no 2006/2004 on cooperation between national authorities responsible for the enforcement of consumer protection (Regulation on cooperation in consumer protection). 9i) Art. 3 of a point. to the Regulation of the) European Parliament and Council Regulation (EC) no 2006/2004 on cooperation between national authorities responsible for the enforcement of consumer protection (Regulation on cooperation in consumer protection). ". The current footnote. 9 g is referred to as a footnote. 9J, including the reference's footnote 2. In § 48 par 3, the word "deadline" is replaced by "statements". PART SIX Amendment to Act on Certain Information Society Services Art. VI, section 10 of Law No. 480/2004 Coll., on certain information society services and amending certain laws, paragraph 4, including footnotes. 6 and 6a reads: "(4) In the exercise of supervision by the supervisory authority referred to it in paragraph 1. and under a special legal) regulation 6), and in the case of cross-border cooperation carries out surveillance and proceeding in accordance with the is regulations of the European Communities ^ 6) the material scope of the legislation, which is reflected to the Directive set out in paragraph 12 of the Annex hereto. 6) Act No. 552/1991 Coll., On state inspection, as amended. 6) the Regulation of the European Parliament and Council Regulation (EC) no 2006/2004 on cooperation between national authorities responsible for the enforcement of consumer protection (Regulation on cooperation in consumer protection). ". PART SEVEN Amendment to Act No. 265/1991 Coll., on the competence of the Czech Republic in pricing, as amended, Art. (VII) Under section 5 of Act No. 265/1991 Coll., on the competence of the Czech Republic in pricing, 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. 354/2003 Coll., Act No. 95/2005 Coll., Act No. 127/2005 Coll. , and Act No. 217/2005 Coll., the following new section 5b, which including footnotes fn 4, 5, 6 and 7 reads: "section 5b (1) The bodies referred to in this Act, it shall be conducted in the case of cross-border supervision and act while under the applicable regulations of the European Communities; 4) the material scope of the legislation, which is the projected Directive mentioned in paragraph 10 of the Annex hereto. (2) In the case of the infringement found ^ 5), in which a natural person or a legal entity committed on the territory of the European Communities or of another state of the European Economic Area and which harms or may harm the collective interest of consumers ^ 6) saves the authorities referred to it in paragraph 1, and decision pursuant this special legislation 7) the apart of such conduct. 4) of the European Parliament and Council Regulation (EC) no 2006/2004 on cooperation between national authorities responsible for the enforcement of Consumer protection laws (the Regulation on consumer protection cooperation in). 5), Art. 3 of a point. (b)) Regulation of the European Parliament and Council Regulation (EC) no 2006/2004 on cooperation between national authorities responsible for the enforcement of laws that protect consumers of Ex-LEASE (the Regulation on consumer protection cooperation in). 6) Article. 3 of a point. to the Regulation of the) European Parliament and Council Regulation (EC) no 2006/2004 on cooperation between national authorities responsible for the enforcement of consumer protection (Regulation on cooperation in consumer protection). 7) Act No. 500/2004 Coll., the Administrative Procedure Code, as amended by Act No. 413/2005 Coll. ". PART EIGHT Amendment to the General Product Safety Directive Art. (VIII) section 12 of Act No. 102/2001 Coll. general product safety and amending certain acts (GPSD), as amended by Act No. 147/2002 Coll., Act No. 277/2003 Coll., and Act No. 229/2006 Coll., the following new section 12a which including footnote No. 15 reads: "section 12a of the If and the product poses and serious risk to the health and safety of consumers, the government, in accordance with the regulations of the European Communities ^ 15) and on the basis of the Commission may regulation would determine the details regarding product safety or operations of its safety-related; in terms of security can be more attack specifically determined by the following criteria: (a)) requires the implementation of a certain type, scope and methods of test, depending on the type of product, (b) examining the properties) of the product, which the product slides, c) limiting the supply of a product, particularly supply constraints for a specific population group, d) Conditions for sale , including the length of sales, e) product feature warning signs, including the form of their implementation, f) product feature accompanying documentation, in particular the definition of its nature or contents, g) retention of documentation, especially its specifications, determining who is required to be stored, or the deadline for its preservation. 15) Art. 13 Directive of the European Parliament and Council Directive 2001/95/EC on general product safety and Regulation no 339/93/EEC on checks for conformity with the rules on product safety in the case of products imported from third countries. ". PART NINE Effectiveness Art. IX of This Act comes into force It on its publication. Vahl mp mp mp Topolanek, Klaus