25/2006 Coll.
LAW
of 21 June 1999. December 2005,
amending the Act No. 40/1995 Coll., on regulation of advertising and amending and
supplementing Act No. 468/1991 Coll., on radio and
of television broadcasting activities, as amended, as amended
regulations, and Act No. 132/2003 Coll., amending Act No. 40/1995 Coll.
on the regulation of advertising and amending and supplementing Act No. 468/1991 Coll., on the
the operation of radio and television broadcasting, as subsequently amended
the laws of the
Change: 109/2007 Sb.
Parliament has passed the following Act of the United States:
PART THE FIRST
Amendment of the Act No. 40/1995 Coll.
Article. (I)
Act No. 40/1995 Coll., on regulation of advertising and amending and supplementing Act No.
468/1991 Coll., on radio and television broadcasting, in
as amended, as amended by Act No. 258/2000 Coll., Act No.
231/2001 Coll., Act No. 257/2001 Coll., Act No. 138/2002 Coll., Act No.
320/2002 Coll., Act No. 132/2003 Coll., Act No. 222/2004 Coll., Act No.
326/2004 Coll., Act No. 480/2004 Coll., Act No. 384/2005 Coll. and act
No 444/2005 is amended as follows:
1. In paragraph 1, the following new paragraph 1, including the footnotes.
1 reads as follows:
"(1) this Act incorporates the relevant provisions of the European
Community ^ 1) in regulation of advertising misleading, comparative, on
tobacco products, on medicinal products for veterinary
products for food and to initial and follow-on formulae,
and modifies the General requirements of the ad and its dissemination, including penalties for
breach of duties under this Act and the establishment of supervisory authorities. Further
governs the regulation of advertising indicating the specific menu, as well as ads
for alcoholic beverages, on plant protection products, firearms
arms and ammunition and to activities in the funeral industry.
1) Council Directive 84/450/EEC of 10 September 1984. September 1984 on the approximation of
and administrative provisions of the Member States concerning misleading advertising, in
the texts of European Parliament and Council Directive 97/55/EC of 6 May 1999. October
1997 amending Directive 84/450/EEC on misleading advertising so as to
to include comparative advertising.
Article. 7, 8 and 9 of Commission Directive 91/321/EEC of 14 June 1993 May 1991 concerning
initial and follow-on formulae, as amended by Commission directive
1999/50/EC of 25 March 2002. May 1999 amending Directive 91/321/EEC on the
formulae and follow-on formulae (Text with EEA relevance)
Commission Directive 2003/14/EC of 10 June 1999. February 2003 amending
Directive 91/321/EEC on infant formulae and follow-on formulae (Text with
EEA relevance) and Directive 96/4/EC amending Directive
91/321/EEC.
Article. 2 of European Parliament and Council Directive 2000/13/EC of 20 May 1999.
March 2000 on the approximation of the laws of the Member States on
to the labelling, presentation for sale and advertising, as amended by
Commission Directive 2001/101/EC of 26 July 2000. November 2001, amending
European Parliament and Council Directive 2000/13/EC on the approximation of the laws
the laws of the Member States relating to the labelling,
presentation for sale and advertising and Commission Directive 2002/67/EC of 18.
July 2002 on the labelling of foodstuffs containing quinine, and of foodstuffs
containing caffeine (Text with EEA relevance).
Article. 2, 3, 4, 5 and 10 of the directive of the European Parliament and of the Council 2003/33/EC of
on 26 April. May 2003 on the approximation of the laws, regulations and administrative provisions
of the Member States relating to the advertising and sponsorship of tobacco products
associated with tobacco products (Text with EEA relevance).
Article. 86, 89, 90, 91, 94, 95 and 96 of the European Parliament and of the Council
2001/83/EC of 6 May 1999. November 2001 on the Community code relating to
medicinal products, as amended by the directive of the European Parliament and of the
2002/98/EC of 27 June 2002. January 2003, which establishes standards
of quality and safety for the collection, testing, processing, storage and
distribution of human blood components and amending Directive 2001/83/EC and directive
2003/63/EC of 25 March 2002. June 2003, amending Directive
European Parliament and Council Directive 2001/83/EC on the Community code relating
medicinal products (Text with EEA relevance). 64 and
100 European Parliament and Council Directive 2004/27/EC of 31 October. March
2004, which amends Directive 2001/83/EC on the Community code relating to
medicinal products (Text with EEA relevance).
Article. 85 directive of the European Parliament and Council Directive 2001/82/EC of 6 May 1999.
November 2001 on the Community code relating to veterinary
medicinal products, as amended by the directive of the European Parliament and of the Council
2004/28/EC of 31 October. March 2004 amending Directive 2001/82/EC on the
Community code relating to veterinary medicinal products (Text
with EEA relevance).
Article. 6 of Council Directive 89/398/EEC on the approximation of the laws of the Member
States relating to foodstuffs intended for particular nutritional uses.
Article. 9. 2 (a). c) of Council Directive 80/777/EEC of 5 December. July 1980
on the approximation of the laws of the Member States relating to the exploitation of the
and marketing of natural mineral waters.
Article. 69, paragraph 94. 2 and article. 100 directive of the European Parliament and the Council
2004/27/EC of 31 October. March 2004 amending Directive 2001/83/EC on the
Community code relating to medicinal products for human use (Text with
EEA relevance) ".
Paragraphs 1 to 7 shall become paragraphs 2 to 8.
Footnote No. 1 is referred to as a footnote
No 1a, including a link to a footnote.
2. § 2a, including footnote # 8 reads as follows:
"§ 2a
Comparative advertising of medicinal products intended for Administration to the people (
"medicinal products") or on health care is subject to
conditions laid down by specific legal předpisem7) permissible, if the
focused on persons authorized to prescribe these medicines or
issue ^ 8) (hereinafter referred to as "experts") or this health care provide.
8) Act No. 20/1966 Coll., on the health care of the people, as amended
regulations.
Law No 160/1992 Coll., on health care in non-State medical
devices, as amended.
Act No. 79/1997 Coll., on pharmaceuticals and on amendments and additions to some
related laws, as amended. ".
3. § 2b including title and footnote # 9 is added:
"§ 2b
Advertising indicating the specific offer
(1) you are prohibited from advertising indicating the specific menu items in cases
When the seller ^ 9) as the processor or the advertiser is
known, or may assume that it is not or will not be able to ensure the
offered goods in an amount which corresponds to the expected demand, and with it the
given the scope of or the method of dissemination of advertisements, the nature of the goods or
the price offered, or if the advertisement, how many items will be
in the framework of special offers in each of the premises offered for
sale.
(2) in an advertisement showing the special offer must be clearly stated
the date on which the offer ends. If the special offer on the day
the publication of the ads has not yet begun to pay, also must be in advertising
the date of the beginning of the period during which the special price or other
conditions shall apply.
9) § 2 (2). 1 (b). (b)) of the Act No. 634/1992 Coll., on the protection of
consumers. ".
4. In paragraph 3, at the end of paragraph 1, the following sentence "that also applies to
sponsorship of events or activities that involve several Member
States of the European Union or other States that make up the European economic
space or taking place in several Member States of the European Union or
in other States that make up the European economic area or achieve
cross-border effects otherwise. ".
5. in section 3, paragraph 2 reads as follows:
"(2) the advertising of tobacco products also means
and) means any form of commercial communication with the aim or direct or
indirect effect of promoting a tobacco product,
(b) free distribution of tobacco products), whose purpose or direct or
indirect effect of promoting a tobacco product or distribution
free, that has a direct or indirect effect in the context of the
sponsorship referred to in paragraph 1,
c) advertising, which does not mention directly about the tobacco product, but uses the
protective známky1a), emblem, or other characteristic
tobacco product, unless otherwise specified. ".
6. In section 3, paragraph 3. 4 (b). a), the words "Announcements" are replaced by the words
"the ad in a recurring, non-periodical publications tisku2) ^ 3), on the
the leaflets, posters or other printed materials or electronic
resource ^ 10a) ".
Footnote No. 10a is inserted:
"10a) § 2 (b). (c)) of the Act No. 480/2004 Coll. ".
7. in section 3, paragraph 3. 4 letter e) is added:
"e) publications which are printed and published in third countries, provided
they are not primarily intended for the internal market of the European Community. ".
8. in § 5 para. 1 the words "advertising consider" shall be replaced by
"In particular".
9. in § 5 para. 1 (b). (c)), the word "support" is replaced by
"support".
10. in § 5 para. 1 (b). (d)), after the word "meeting", the words
"held in order to promote the prescription, sale, supply or
medicines for human use and consumption. "
11. in section 5a paragraph 2. 2 at the end of subparagraph (b)) a comma is replaced by a dot and the
subparagraph (c)) shall be deleted.
12. In article 5a, paragraph 3 reads:
"(3) the provisions of paragraph 2 shall not apply to medicinal products for
used in vaccination campaigns approved by the Ministry of
health. ".
13. in section 5a paragraph 2. 5 (b). (b)), the words "its common name" shall be replaced by
the words "common name of the medicinal product".
14. in paragraph 5a is inserted after paragraph 5 a new paragraph 6, including
footnotes # 15a and 15b be added:
"(6) the advertising of medicinal products for which was not within the
registration procedures assessed the effectiveness of ^ 15a), it can contain only
particulars to appear on packaging and the package leaflet of the human
medicinal products under special legislation ^ 15b).
15A) section 24a of Act No. 79/1997 Coll., as amended by Act No. 129/2003 Coll.
15B) § 26 c 26 d and Act No. 79/1997 Coll., as amended by Act No. 129/2003 Coll.
Decree No. 288/2004 Coll., laying down details of registration
medicinal products, their changes, renewals, the classification of the medicinal
preparations for release, transfer, registration, issuing permits for concurrent
imports, presenting and designing specific treatment programs with
the use of unregistered medicinal products about how to
the notification and assessment of adverse reactions of the medicinal product,
including the terms periodic safety update reports, and
the method and extent of the notification of the use of an unauthorised medicinal product
(Registration Decree on medicines). ".
Paragraphs 6 and 7 are renumbered as paragraphs 7 and 8.
15. in section 5a paragraph 2. 7 (b). (f)), the words "for the experts they claim to be, or is
represent (for example, actors) and "shall be deleted and the word" drugs "shall be replaced by
the words "medicinal products".
16. in section 5a paragraph 2. 7 at the end of the letter) is replaced by a dot and comma
the letter l) is repealed.
17. in section 5a paragraph 8 reads as follows:
"(8) if the advertisement aimed at the general public, intended to serve as
a reminder of a medicinal product may not contain data other than
the name of the medicinal product, as provided in the decision to
registration, or its international non-proprietary name, if such a
exists, or the trademark. ".
18. in section 5b of the following shall be added at the end of paragraph 2, the phrase "the provisions of this
the paragraph does not apply to advertising of medicinal products for which the
not in the context of registration procedures assessed the effectiveness of ^ 15a). For the contents of the
advertising aimed at professionals on these products apply to section 5a paragraph 2. 6. ".
19. in paragraph 5 (b) at the end of paragraph 3 the following sentence "the sales representative is
shall without delay forward to the relevant holder of the decision
registration ^ 17a) information about significant facts which are
in the performance of its activities relating to the use of the latter, medicinal
product for which ad performs, and in particular of all adverse
the effects reported to him by the people. ".
Footnote # 17a is inserted:
"§ 52a paragraph 17a). 1 (b). a) Act No. 79/1997 Coll., as amended by Act No.
129/2003 Coll. ".
20. in section 5b of the paragraph 5 is added:
"(5) the scope of entertainment and accommodation provided free of charge
and when the meeting visited by professionals) held in order to support
the prescription, sale, supply or consumption of medicinal products for human use
products, or
(b)) in the meetings of experts held in professional or scientific purposes,
shall be reasonable, having regard to the main purpose of the meeting side, and must not
be extended to persons other than specialists; in this case, for a range of
provided entertainment and accommodation, the prohibition referred to in paragraph 4. ".
21. in section 5b of the paragraph. 7, the first sentence is replaced by the phrase "the patterns of human
medicinal products may only be granted, exceptionally, persons
authorized to prescribe, in a limited number of not more than one
calendar year, each pattern must match the smallest package for a
medicinal product placed on the market and shall bear the inscription
"Sample not for sale" or "free sample". ".
22. in paragraph 8 of section 5b:
"(8) if the ad is aimed at experts, intended to serve as
a reminder of a medicinal product may not contain data other than
the name of the medicinal product, as provided in the decision to
registration, or its international non-proprietary name, if such a
exists, or the trademark. ".
23. section 5 c, including title and footnotes # 18, 19, 20 and 21
repealed.
24. in section 5 d letter d) including the footnotes # 23 and 23a is inserted:
"(d)) přisuzováním the food properties of prevention, care, treatment or
cure of human disease or imply such properties; This, however,
must not hinder for foods for special medical purposes ^ 23) placing
information or recommendations exclusively intended for persons having qualifications in the
medicine, nutrition or pharmacy; also in mineral water
These restrictions shall not impede the placing of information about mineral water
supports or facilitates certain vital functions of the human organism ^ 23a),
23) Decree No 54/2004 Coll. on foodstuffs intended for particular nutritional uses
and how to use them.
Article 23A). 9. 2 (a). c) of Council Directive 80/777/EEC of 5 December. July
1980 on the approximation of the laws of the Member States relating to the
exploitation and marketing of natural mineral waters. ".
25. In section 5 d, the following point (e)), which read as follows:
"e) recommending food, citing vague clinical
study. ".
26. in section 5 d the present text shall become paragraph 1 and the following
paragraphs 2 and 3, including footnote No. 23b are inserted:
"(2) the advertising of dietary supplement ^ 23b) must include a clear, in the case of
print ads well readable, text "food supplement".
(3) the advertising of food for particular nutritional uses ^ 23) must contain
clear, in the case of print ads well readable, text "food for
particular nutritional uses '.
23B) § 2 (b). j) Act No. 110/1997 Coll., as amended
regulations. ".
27. in section 5, the following new paragraph 5 h, which including the title reads as follows:
"§ 5 h
Veterinary medicinal products
The subject of advertising aimed at the general public should not be
a) veterinary medicinal products, which, according to the marketing authorisation
under a special legal předpisu14) can only be supplied on
medical prescription,
b) veterinary medicinal products containing narcotic drugs or psychotropic
látky16). ".
28. in section 6 is at the end of subparagraph (b)) the following the word "or".
29. in paragraph 6b of the paragraph. 4, the number "3" by "4".
30. section 7, including the title and footnotes # 28 to 32 bit:
"section 7 of the
Supervision over compliance with the law
(1) the competent authorities responsible for exercising supervision over compliance with this Act
(hereinafter "the supervisory authority") are
and) the Council for radio and television broadcast ad ^ 28) licensed in
radio and television broadcasting and for sponsorship in broadcasting
television broadcasting,
(b)) the State Institute for drug control ^ 29) for the advertising of medicinal products for
products and sponsoring in this area, except for the scope of
letters and)
(c) the Ministry of health) ^ 30) for advertising on health care and
sponsoring in this area, with the exception of competence referred to in point a),
d) State phytosanitary administration ^ 26a) for advertising on preparations for
plant protection products, with the exception of the scope laid down in point a),
(e)) the Institute for State control of veterinary Biologicals and medicaments ^ 31) for
advertising on veterinary medicinal products, with the exception of the scope of
letters and)
(f)), the Office for the protection of personal data for unsolicited advertising spread
by electronic means ^ 10a) under a special legal regulation ^ 32),
(g) regional business offices) ^ 32a) in other cases.
(2) in the exercise of supervisory activities, the supervisory authorities shall be governed by the part of the third
the law on State control ^ 32b), unless otherwise provided by this Act. When
control the activities of the supervisory bodies of employees may also take
audio and video records.
28) Act No. 231/2001 Coll., on radio and television
broadcast and amending other acts, as amended.
29) section 9 of Act No. 79/1997 Coll., as amended.
30) section 70 of Act No. 20/1966 Coll., as amended.
31) section 12 of Act No. 79/1997 Coll., as amended.
32) § 10 para. 1 (b). a) of Act No. 480/2004 Coll.
32a) Act No. 575/1991 Coll., on professional offices, as
amended.
32B) Act No. 553/1991 Coll. on State control, as amended
regulations. ".
31. in Section 7a of the paragraph. 1 the first sentence, the word "processor" shall be replaced by
"Contracting authority" and in the second sentence, the word "processor" shall be replaced by
"contracting authority".
32. In Section 7a of the paragraph. 2, after the words "the ads", the words "and other
materials and information related to this ad ".
33. In Article 7b, paragraph 4 shall be deleted.
34. in section 7b, the following new section 7 c and 7 d, including the following titles:
"section 7 c
Special measures
(1) the supervisory authority may order the removal or termination of advertising that
is in conflict with the law, and specify an appropriate time limit to do so. The supervisory authority
is entitled to suspend the start of the spread of false advertising on the human
medicinal products, if as a result of its spread could be at risk
the life or health of persons. For such a procedure does not require the creation of a genuine
loss or other injury caused by such advertisement nor the fault of the contracting authority
advertising; However, this does not constitute permission to introduce a preliminary system
control design of advertising before its spread.
(2) the supervisory authority a decision made pursuant to paragraph 1 or pursuant to section 8a
appropriate publicity, if as a result of further spread of
the ads could be vulnerable to the life or health of persons. The supervisory authority is
entitled to the contracting authority or the processor of ads required within a specified
the period of publication of a corrective statement to the advertising of medicinal products for
preparations, which was found to be misleading and a final decision on the
the removal or termination was finally decided, in the same
the communication media, which have been disseminated in such advertising. The cost of the
the publication of a corrective statement carries the one whom the supervisory authority of the
publication ordered.
§ 7 d
Fine won
(1) the supervisory authority may impose a fine of up to $ 50,000 for the
failure to provide the necessary synergies
and the contracting authorities which fails to meet) the obligation under section 7A(1). 1 the last sentence
or § 7a of the paragraph. 2,
(b)) the processor which fails to meet the obligation under section 7A(1). 3, or
(c)) by which fails to meet the obligation under section 7A(1). 4.
(2) fined pursuant to paragraph 1 can be saved and reused; a summary of the
the fines imposed shall not exceed the amount of $ 200 000.
(3) the Income of the fine imposed is the income budget, from which it is
covered by the activities of the authority, that the fine imposed. ".
35. section 8 and 8a, including heading shall be added:
"Administrative offences
§ 8
(1) a natural person as a purveyor of committing an offence by
and has not notified the person) proves a legitimate interest under section 6b of the paragraph. 2,
who is the sponsor or by the processor,
b) spread the advertising that is according to § 2 (2). 1 (b). and) is disabled,
c) detached or clearly can't discern the ad spread along with other
communication from the rest of the communication,
d) breach of an obligation to distinguish method of dissemination of information about the product or
the service from the way the dissemination of information on the tobacco product in accordance with § 3 (1).
3,
(e) violates the prohibition on the supply of free) samples to the general public for the
tobacco products pursuant to § 3 (2). 7 or for human use
products under section 5a paragraph 2. 4,
f) spread advertising on plant protection products in violation of § 5 g,
g) spreads towards the public advertising on veterinary medicinal products, which
is in violation of § 5 h,
h) spread advertising on firearms and ammunition in violation of § 6,
I) advertising activities in the spread of funeral in violation of § 6a of paragraph 1. 2 or
3,
j) spreading unsolicited advertising, if the circulation of the advertising leads to expenditure
the addressee or the addressee's harassed, or if
to violate the ban on ads) based on the podprahovém perception.
(2) a natural person as the advertiser commits an offence by
and) enters the ad, which according to § 2 (2). 1 (b). and) or § 3 para. 1
disabled or is in violation of § 3 para. 5,
(b)) violates any of the conditions laid down for the ad content in section 2 (2). 3 or 4, §
2B, 2 c, section 3, paragraph 3. 6, § 4, § 5 para. 3, 4 or 5, section 5a paragraph 2. 1, 2, 5, 6,
7 or 8, section 5b of the paragraph. 2 or 8, § 5 d, § 5e para. 1, section 5f, § 5 para. 1,
§ 5 h or § 6a of paragraph 1. 1,
(c)) violates any of the conditions for comparative advertising referred to in § 2 (2).
2 or § 2a,
(d)) enters the advertising that is misleading, or
(e)) will not keep the demo (copy) of each ad under section 7A(1). 1 or
free of charge a copy of the advertisement does not lease the supervisory authorities for an absolutely
necessary.
(3) the expert commits infraction that requires or accepts advantages
that are under section 5b of the paragraph. 4 banned or that are contrary to section 5b
paragraph. 5.
(4) for the offense referred to in paragraph 1 (b). a) and paragraph 2. e) can be
impose a fine of up to 500 000 CZK, for the offence referred to in paragraph 3, a fine to
100 000 CZK, for the offense referred to in paragraph 1 (b). (b)) to (j)) and paragraph 2 of
(a). ) to c) fine to 2 000 000 CZK for the offense referred to in paragraph 1
(a). to a fine of $ 5 000 000) to the and for the offense referred to in paragraph 2 (a).
(d) to 10 000 000 Czk). For the offense under paragraphs 1 to 3 can be used in
block management to impose a fine up to $ 500.
§ 8a
(1) a legal entity or individual entrepreneur is committed by the administrative
tort as purveyor
and has not notified the person) proves a legitimate interest under section 6b of the paragraph. 2,
who is the sponsor or by the processor,
b) spread the advertising that is according to § 2 (2). 1 (b). and) is disabled,
c) detached or clearly can't discern the ad spread along with other
communication from the rest of the communication,
(d) violates a ban on ads) based on the podprahovém perception,
(e) prohibition of advertising breaches hidden),
f) spreading unsolicited advertising, if the circulation of the advertising leads to expenditure
the addressee or the addressee, if irritating,
g) breach of an obligation to distinguish method of dissemination of information about the product or
the service from the way the dissemination of information on the tobacco product in accordance with § 3 (1).
3,
(h) violates the prohibition on the supply of free) samples to the general public for the
tobacco products pursuant to § 3 (2). 7 or for human use
products under section 5a paragraph 2. 4,
I) spread advertising on medicinal products aimed at professionals
means of communication, which are intended mainly for these
specialists,
(j) breach of the obligation of the commercial agent) under section 5 (b) of paragraph 1. 3,
to violate the ban) offer, promise or give gifts or other
under section 5 (b) of paragraph 1. 4,
l) to provide samples of medicinal products contrary to section 5 (b) of paragraph 1.
7,
m) breach of an obligation established for the dissemination of advertisements on the start
baby food in accordance with § 5e para. 2 or 3,
n) spread advertising on plant protection products in violation of § 5 g,
o) advertising to spread firearms and ammunition in violation of § 6,
p) spread advertising activities in the funeral industry in violation of § 6a of paragraph 1. 2 or
3, or
q) spreads towards the public advertising on veterinary medicinal products, which
is in violation of § 5 h.
(2) a legal entity or individual entrepreneur is committed by the administrative
tort by the contracting authority as a
and scroll demo) (a copy) of each advertising under section 7A(1). 1 or
free of charge a copy of the advertisement does not lease the supervisory authorities for an absolutely
necessary,
(b)) enters the ad, which according to § 2 (2). 1 (b). and, § 3, paragraph 1). 1 or
§ 6a of paragraph 1. 3 disabled
(c) violates a ban on ads) based on the podprahovém perception,
(d)) enters the advertising that is misleading,
(e) prohibition of advertising breaches hidden),
f) violates any of the conditions for comparative advertising referred to in § 2 (2).
2 or § 2a,
g) violates any of the conditions laid down for the ad content in section 2 (2). 3 or 4, §
2B, 2 c, section 3, paragraph 3. 6, § 4, § 5 para. 3, 4 or 5, section 5a paragraph 2. 1, 2, 5, 6,
7 or 8, section 5b of the paragraph. 2 or 8, § 5 d, § 5e para. 1, section 5f, § 5 para. 1,
§ 5 h or § 6a of paragraph 1. 1, or
(h)) does not mark an ad for a tobacco product warning in accordance with § 3 (1). 5.
(3) a legal entity or individual entrepreneur is committed by the administrative
tort by as processor
and) handles the advertising that is according to § 2 (2). 1 (b). and, § 3, paragraph 1). 1
or § 6a of paragraph 1. 3 disabled or is in violation of § 5 para. 2,
(b) prohibition of advertising breaches hidden),
(c) violates a ban on ads) based on the podprahovém perception,
d) processes the advertising that is misleading,
(e) violates any of the terms and conditions for) comparative advertising set out in § 2 (2). 2 or
§ 2a,
(f) violates any of the terms and conditions for content) advertising laid down in § 2 (2). 3 or 4, §
2B, 2 c, section 3, paragraph 3. 6, § 4, § 5 para. 3, 4 or 5, section 5a paragraph 2. 1, 2, 3, 5,
6 or 7 of section 5b of the paragraph. 2 or 8, § 5 d, § 5e para. 1, section 5f, § 5 para. 1,
§ 5 h or § 6a of paragraph 1. 1, or
g) does not mark an ad for a tobacco product warning in accordance with § 3 (1). 5.
(4) a legal entity or individual entrepreneur is committed by the administrative
tort by
violates the prohibition) offer, promise or give gifts or other
under section 5 (b) of paragraph 1. 4,
(b)) provides for free entertainment and accommodation in violation of § 5 (b) of paragraph 1. 5,
c) requires or receives in connection with the advertising of medicinal products for human use
advantages of the products, which are prohibited under section 5 (b) of paragraph 1. 4 or
are contrary to section 5 (b) of paragraph 1. 5, or
(d) violates the prohibition of sponsorship) according to § 3.
(5) an administrative offence referred to in paragraph 1 shall be fined
and the 500 000 CZK), in the case of an administrative offence referred to in paragraph 1 (b). and)
(b)) to $ 2 000 000, in the case of an administrative offence referred to in paragraph 1 (b). (b)),
(c)), e), (f)), g), (h)), i), (j)), k), (l)), m), n) o), p) or q),
(c)) to 5 000 000 CZK in the case of an administrative offence referred to in paragraph 1 (b). (d)).
(6) for the administrative offence referred to in paragraph 2 shall be fined
and the 500 000 CZK), in the case of an administrative offence referred to in paragraph 2 (a). and)
(b)) to $ 2 000 000, in the case of an administrative offence referred to in paragraph 2 (a). (b)),
(e)), f), (g) or (h)))
(c)) to 5 000 000 CZK in the case of an administrative offence referred to in paragraph 2 (a). (c)),
(d)) to $ 10 000 000 in the case of an administrative offence referred to in paragraph 2 (a). (d)).
(7) for the administrative offence referred to in paragraph 3 shall be fined
and 2 000 000 Eur) to, in the case of an administrative offence under paragraph 3 (b). and)
(b)), e), (f)) or g),
(b)) to $ 5 000 000 in the case of an administrative offence under paragraph 3 (b). (c)),
(c)) to 10 000 000 CZK in the case of an administrative offence under paragraph 3 (b). (d)).
(8) For administrative offence referred to in paragraph 4 shall be fined
to 1 000 000 Czk), in the case of an administrative offence referred to in paragraph 4 (b). and)
or (b)),
(b)) to 100 000 CZK in the case of an administrative offence referred to in paragraph 4 (b). (c)),
(c)) to $ 2 000 000, in the case of an administrative offence referred to in paragraph 4 (b). (d)).
(9) For administrative offences pursuant to paragraphs 1 to 4, you can impose a fine of up to 5 000
-In the block management, if the breach of an obligation found to reliably
It is not enough and accused of arranging an administrative offense is willing to fine
pay. Against the imposition of a fine in block procedure cannot be appealed.
Authorised staff of the supervisory authority is entitled to choose the fine imposed. To
save it and select it's blocks, which is used for storing
and the collection of fines in block management of the provincial offences Act. ".
36. under section 8a, the following new section 8b and 8 c, including the title and notes
footnote 34, 35 and 36 are added:
"§ 8b
Common provisions
(1) a legal person for an administrative offence is not liable if he proves that
made every effort, that it was possible to require that the infringement of the
a legal obligation is prevented.
(2) in determining the amount of the fine on a legal person shall take account of the seriousness of the
the administrative offense, in particular, the way a criminal offence and its consequences, and
the circumstances under which it was committed.
(3) the liability of a legal person for an administrative offense shall cease, if the
administrative authority about him has not initiated proceedings within 1 year from the date on which it
learned, but not later than within 3 years from the date on which it was committed.
(4) administrative offences under this law are heard at first instance
the supervisory authorities in accordance with its responsibilities, as set out in section 7.
(5) The liability for the acts, which took place in the business
person ^ 34) or in direct connection with the applicable provisions of the Act
on the liability of legal persons and sanctions.
(6) the fine imposed by the supervisory authority pursuant to § 7 para. 1 (b). a) to (f))
State budget revenue. The fine imposed by the supervisory authority pursuant to § 7
paragraph. 1 (b). (g)) is the income budget for the region. The fine, which is the income
the State budget, selects the supervisory authority that it has saved, and enforced
territorial financial authority. The fine, which is the income budget the County selects
and enforced by the competent regional authority, with the exception of block fines
selects the appropriate regional Trade Office.
(7) in the collection and enforcement of fines shall be treated according to the law
relating to the administration of taxes and fees ^ 35).
§ 8 c
(1) against a decision of the supervisory authority pursuant to § 7 c, 8 and 8a may be made
the appeal.
(2) the filing of an administrative action ^ 36) against a decision of the supervisory authority to impose
fine for an administrative offense shall have suspensive effect.
34) § 2 (2). 2 of the Act No. 513/1991 Coll., the commercial code, as amended by
Act No. 366/2000 Coll.
35) Act No. 337/1992 Coll., on administration of taxes and fees, as amended by
amended.
36) Act No. 150/2002 Coll., the administrative court rules, as amended
regulations. ".
PART TWO
Amendment to Act No. 132/2003 Coll.
Article II
In the article. (II) Act No. 132/2003 Coll., amending Act No. 40/1995 Coll., on
the regulation of advertising and amending and supplementing Act No. 468/1991 Coll., on the
the operation of radio and television broadcasting, as subsequently amended
the provisions of paragraph 2 shall be deleted and shall be deleted at the same time, paragraph
1.
PART THREE
Transitional provisions
Article. (III)
1. the proceedings initiated before the date of entry into force of this law shall be completed
According to the existing legislation, unless otherwise provided for in point 2.
2. the proceedings for breach of the obligations laid down in section 5 c of Act No. 40/1995
Coll., as amended, that has not ended before the date of
entry into force of this law, shall stop.
PART FOUR
The EFFECTIVENESS of the
Article IV
This Act shall take effect on the date of its publication.
Fort Worth Star Telegram in r.
Klaus r.
Paroubek in r.
