Legal regulations

Basic and generally valid legal regulations observed and applied by the Czech Trade Inspection Authority during inspection activities.

List of regulations and rules, which are supervised and inspected by the CTIA:

 

Rule No. 64/1986 Coll., the Czech Trade Inspection Authority law, as amended

This regulation establishes the Czech Trade Inspection Authority as an organization, specifies its competencies and authorities, which are applied during inspections. This law also specifies the authority of the director of the CTIA to issue and apply corrective measures against violations (for example the use of untested measuring instruments, hygiene regulations violations or violations such as obstruction of inspection activities).

 

Rule No. 634/1992 Coll., the Consumer rights protection law, as amended

This law establishes some conditions that must be observed while performing business activities in order to protect the consumers. Violations of these regulations are considered as administrative delinquency, punishable according to the applicable law. This law specifies various responsibilities that need to be observed during product sale. As an example, we may mention regulation requiring the sale to be honest, disapproving unfair business practices, prohibiting consumer discrimination, specifying responsibilities to provide applicable information about the product properties and methods of use, requiring proper marking of the store, specifying the need to display information describing claim procedures, as well as formally correct process of claim proceedings and filing (not the correctness of the decision to proceed with the claim. In this case, the applicable arbitration court or jury shall decide disputes, if any).

It is also necessary to point out, that the consumer protection law does not provide a complete list of consumer rights and corresponding responsibilities of the seller/business entity.

Many other regulations relevant to the consumer rights protection law may be found in other regulations, such as in the Civil Code (issues relevant to private relations and laws) or general civil law issues (various amended laws focusing on a special area of business activities, such as energy and power distribution, electronic communications, etc.) Neither the consumer rights protection law specifies all forms of business activities, for example, it does not include regulations relevant to so-called individual avocations or jobs, such as legal advisory services or tax advisory services.

The Czech Trade Inspection Authority is one of the bodies supervising the fulfilment of this law, within the extent described by Rule No 23.

The CTI supervises the general fulfilment and execution of this law, except in cases when other special body is authorized to do so. This concerns various responsibilities, in connection with agricultural, food and tobacco products, products which must comply with public health protection regulations (for example products that come into contact with food, products manufactured for children of up to 3 years of age, beauty products, food and catering services, public swimming pools, distribution of drinking water, etc.). Further, this also concerns veterinary care, fire arms, ammunition and fireworks and persons, who are supervised by the Czech National Bank and also the pharmaceutical sector.

 

Rule No. 102/2001 Coll., describing general product safety requirements, as amended

This law specifies responsibilities and mechanisms, which shall make sure that dangerous products are not available on the market. Various inspection bodies inspect the fulfilment of this law, depending whether or not the applicable product falls under their scope of authority or not. If the scope of the applicable authority may not be determined, then the supervisory activities shall be performed by the Czech Trade Inspection Authority.

 

Rule No. 22/1997 Coll., describing product technical requirements, as amended

This law contains various directives issued by the government and determines and establishes certain groups of products, which must be evaluated before introduced to the market, in order to make sure that they are safe and not harmful to personal health, properties, and environment or to any other public interest. This process of evaluation, also called the conformity evaluation process, is completed when the applicable product receives the relevant label or marking, typically the CE sign. The fulfilment of this law, specifying product technical requirements, is usually supervised by the Czech Trade Inspection Authority, but it may be also done by other body authorized to do so by special law (see the Czech Mining Bureau, explosives, railway administration bodies, products used to operate railways and also parts and subsystems of the European railway systems).

 

Rule No. 477/2001 Coll., the Packaging law, as amended

The purpose of this law is to protect the environment by lowering the amount of waste originating from packaging materials. The CTIA is one of the supervisory bodies working on this area and inspecting responsibilities in connection with preventive activities, activities when packages are being introduced to the market, how packages are labelled and reused, except beauty product packaging materials, food packaging materials, pharmaceutical packaging and packaging materials used to protect humane medical drugs. It also inspects recycling process and whether used packaging materials are taken back by persons who introduced these packaging materials to the market. Further, the CTIA inspects the sale of beverages packed in redeemable packages or bottles, while focusing on commercial entities or individual persons, who falls under the small business category, and who introduce such beverages to the market or distribute them.

 

Rule No. 86/2002 Coll., describing clean air protection regulations, as amended

The Czech Trade Inspection Authority is one of the inspection bodies supervising whether clean air protection regulations are followed. Other authority of the CTIA is to inspect the quality of fuels sold within the inner markets, as well as the sale of controlled substances and products, which contain fuels and are included in the article III of the Ozone layer protection law.

 

Rule No. 311/2006 Coll., the Fuel law, as amended

Based on this law, the Czech Trade Inspection Authority performs inspections and monitors the fuel quality used in motor vehicles. Test results are given to the Ministry of Industry and Trade.

 

Rule No. 379/2005 Coll., describing regulations protecting against damages caused by tobacco and alcohol products or by other addictive substances, as amended. By fulfilling this law, the CTI determines, if the controlled substance is alcohol (Article III of this law)

Rule No. 353/2003 Coll., the Consumer tax law, as amended

The CTIA inspects the fulfilment of this law by focusing on facts such as whether tobacco products are correctly labelled, whether regulations prohibiting the sale of alcohol beverages and tobacco products sold remotely from stores approved for the sale of such goods are followed, and whether establishments offering hospitality services (Rule No. 133) follow the necessary regulations. Further, it also focuses on the correct marking and colouring of selected mineral oils.

 

Rule No. 321/2001 Coll., describing some regulations relevant to the consumer loan negotiation process, as amended

This law clearly defines the term “consumer loan” and establishes what properties and regulations must be included in the applicable consumer loan contract. It also defines and specifies the term RPSN (PAECL- the Proportional annual expense of a consumer loan), which shall enable the consumer to compare consumer loans available on the market easily. This law also specifies other consumer rights in connection with the consumer loan policies. The only supervising body here is the CTI. Should there be a dispute, it may be solved by the applicable court of law, which may decide about adequate decrease in monthly payments, if the loan is paid earlier (before its mature date).

 

Rule No. 189/1999 Coll., describing regulations relevant to emergency reserves of crude oil, as amended

The CTIA is one of the inspection bodies authorized to inspect the fulfilment of responsibilities, which would come into effect in case of an emergency, arising from the shortage of crude oil and products made from crude oil.

 

Rule No. 253/2008 Coll., describing some regulations preventing legalization of profits gained from criminal activities or terrorist activities, as amended. As far as this law is concerned, the CTIA inspects the fulfilment of this law and focuses on persons who are authorized to trade used goods, or who are authorized to negotiate and mediate such business, or may accept goods as collateral (pawnshops) and also focuses on persons who are authorized to trade cultural and historical landmarks or sightseeing monuments or with goods that have some cultural value, or they are authorized to mediate such businesses.


Rule No. 56/2001 Coll
., describing regulations relevant to the operation of motor vehicles used on public roads, as amended.

On this field, the CTIA is authorized to inspect whether responsibilities to provide information about fuel consumption and about CO2 emissions standards are available on a newly manufactured motor vehicle.

 

Rule No. 247/2006 Coll., describing regulations limiting night-time operation of pawnshops and other establishments operating during night times, as amended. The law specifies that during the night time between 10 p.m. and 6 a.m., it is prohibited to sell or purchase any used goods without proper documentation, showing the origin of the goods, to accept such goods as a collateral (pawnshops), or to mediate trade of such goods or to mediate acceptance of such goods as a collateral (pawnshops), as well as to purchase recycled waste (waste recycling centres and establishments). Besides the local trade licensing office, also the Czech Trade Inspection Authority has the authorization to perform the applicable supervisory activities.

 

The official approach on the CTIA is described by:


 Procedures included in the following laws.


Rule No. 500/2004 Coll
., the administrative order, as amended (see the appendix number 1)


Rule No. 552/1991 Coll.,
the state inspection law, as amended (see the appendix number 2)


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