311/2006 Coll.
ACT
of 23 May 2006
on fuels and filling stations and amending some related Acts (The Fuel Act)
The Parliament has enacted the following law of the Czech Republic:
PART ONE
FUELS AND THEIR USE
Section 1
Scope of the Act
This Act incorporates the relevant regulations of the European Communities 1) and regulates
a) the requirements for the composition and quality of fuels and for supervising and monitoring
composition and quality of the fuels sold,
the
b) sale and delivery of fuels,
c) keeping records of fuel filling stations.
Section 2
Definitions
For the purposes of this Act
a) fuel means motor petrol, diesel fuel, liquefied petroleum gases, biofuel, mixed (blended) fuel,
compressed and liquefied natural gas, if intended for the propulsion of the engine of a vehicle or
a special vehicle,
b) vehicle means a motor vehicle produced for the purposes of on-road operation for the transport of
persons, animals or things,
c) special vehicle means a motor vehicle produced for other purposes than for on-road operation or
a mobile machine,
d) fuel filling station (hereinafter the "filling station") a building or a facility from which fuels
are sold or delivered usually into the vehicle's fuel tank,
e) delivery means free transfer of fuels from the storage tank into the vehicle's fuel tank,
f) operator of the filling station means a person who is the owner of fuels sold at the filling station;
unless the owner of the filling station proves who is the owner of fuels sold at the filling station,
the owner of the filling station is considered to be the operator of the filling station,
g) import means transport from the territory of another state to the territory of the Czech Republic,
h) export means transport from the territory of the Czech Republic to the territory of another state.
Section 3
Fuels
(1) Fuels may be sold or delivered only if they meet the requirements for their composition
and quality stipulated by the implementing legal regulation, special legal regulations 2) and Czech
technical standards.
(2) The implementing legal regulation will stipulate the requirements for the composition and
quality of fuels and the manner of supervising and monitoring their composition and quality.
Section 4
Keeping records of fuels
(1) The producer, importer, exporter and seller of fuels and the operator of the filling station
is obliged to submit every year by 28 February to the Ministry of Industry and Trade (hereinafter the
"Ministry") a summary report on the quantity and composition of individual types of fuels produced,
imported, exported or sold by him/her/it in the previous calendar year. A summary report submitted
by the operator of the filling station shall present these data for each filling station separately.
The implementing legal regulation will stipulate the data that have to be included in the summary report.
(2) The provision of paragraph 1 does not apply to filling stations at which fuels are sold
exclusively for the propulsion of vehicles of the armed forces 3) or vehicles intended for the
performance of tasks of intelligence services 4) .
Section 5
Sale and delivery of fuels
(1) The sale or delivery of fuels is permitted from the filling station which
a) is a building, meets the requirements stipulated by special legal regulations 5) and Czech technical
standards 6) and its operation has been permitted by the occupancy permit decision under the Building
Act, or
b) is not a building and its operation has been permitted by the decision pursuant to paragraph 2.
(2) The Building Authority, upon request of the owner of the filling station, will issue pursuant
to paragraph 1 letter b) a written permit for it operation, if the applicant
a) substantiates that it is not located in a protective or safety zone of a gas facility, crude-oil
pipeline, product pipeline or a facility of the grid without prior consent given by the owner of the
relevant protected facility or that it is not located in the flood area, protective zone of waterworks,
water resource or natural mineral water resource, protected area of natural accumulation of water,
in particular in the protected territory, on land adjacent to the riverbed, on land designed for
functioning as a forest or on agricultural land without prior consent from the relevant authority or
organization in charge of the state administration for the relevant area,
b) proves that the facility is not located contrary to the Building Act,
c) proves that sufficient protection against lightning and effects of static electricity has been
secured,
d) proves that sufficient quantity of drinking water supply which is enough for ensuring first-aid
and sufficient quantity of hot running water has been secured for the filling station premises 7) ,
e) proves that impermeability of the handling space and its fall into the intercepting trap with the
capacity of at least 5 m3 has been secured or the interception or disposal of noxious water pursuant
to letter f) will be put in place by way of another technical solution,
f) proves that disposal of waste water has been secured in compliance with the conditions stipulated
in a permit for its discharge,
g) proves that the filling station is furnished with an equipment for recovery (recuperation) of 1st
degree and 2nd degree petrol fumes, in the case of sale and delivery of motor petrol,
h) proves that the filling station has been certified as a whole 8), its appropriate fire protection
9) and the protection of human life and health, property and the environment has been secured,
i) proves that the round-o-clock security guarding sufficient for the prevention of unauthorized
handling of the filling station is in place; during business hours a natural person older than 18 years
performing the duties of a petrol pump attendant must be present or proves that the filling station
has been certified as a self-service facility ,
j) proves that the emergency plan has been approved by the competent water management authority,
k) proves that overground tanks of the filling station are made of nonflammable substances resistant
to chemical effects of fuels, have been designed and manufactured with regard to natural loss of
materials (for instance due to corrosion) and are protected sufficiently from damage,
l) proves that appropriate arrangements are in place for the deployment of the required number of staff
and fire-fighting equipment needed to extinguish the fire and to ensure the protection of the
surroundings within the time zone of 7 minutes or the installation of similarly efficient fire and
security equipment 9) .
(3) The Building Authority will revoke its decision on permitting the operation of the filling
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station pursuant to paragraph 1 letter b), if in the course of its operation the relevant requirements
pursuant to paragraph 2 fail to be met.
(4) Provisions of paragraphs 1 to 3 do not apply to the sale or delivery of fuels into the fuel
tank of a vehicle which belongs to the basic unit of the integrated emergency system
10) and
vehicles of the armed forces 3) and the sale or delivery of compressed natural gas.
(5) It is prohibited to fill at the filling station liquefied petroleum gases into mobile
pressure tanks, except for filling liquefied petroleum gases into fixed built-in fuel tanks of motor
vehicles.
(6) The operator of the filling station at which motor petrol is sold or delivered and which
is not a self-service facility is obliged to secure that at this filling station also additives are
sold or delivered that will enable reliable functioning of engines which have been designed for the
use of leaded motor petrol or unleaded motor petrol containing these additives. Additives and their
dosing shall be stipulated by the implementing legal regulation.
(7) It is prohibited to sell or deliver leaded motor petrols or use them for the propulsion
of vehicle engines.
(8) The owner of the filling station pursuant to paragraph 1 letter b) is obliged to ensure
that in the course of the filling station's operation human life or health, property or the environment
is not at risk.
Section 6
Keeping records of filling stations
(1) The Ministry keeps records of filling stations. Records of filling stations are not in public
domain; the data kept in such records are disclosed (made available) to other administrative
authorities, to the extent necessary for meeting the purpose they are required for.
(2) The records of filling stations include entries containing
a)
information on the owner of the filling station and information on the operator of the filling
station, unless the operator of the filling station is at the same time its owner, namely 1. If
this is a legal entity, trade name, registered office and identification number (if assigned), if
this is a foreign legal entity, also the location of the company’s branch in the territory of the
Czech Republic ‚(if established),
2. if this is a natural person, first name and family name, or trade name, date of birth, identification
number (if assigned), permanent address, or the principal place of business, if this is a foreign person,
also permanent address in the territory of the Czech Republic, if such person has been granted a residence
permit, the address of the reported residence in the territory of the Czech Republic or the location
of a branch of the company in the territory of the Czech Republic, if established,
b) type of the filling station or its brief description,
c) address of the filling station or if it is not available, other information identifying the location
of the filling station,
d) date of putting the filling station into operation and the date of termination of the operation
of the filling station.
(3) The owner of the filling station is obliged to report to the Ministry
a) prior to putting the filling station into operation, information referred to in paragraph 2 letter
a) to c),
b) without undue delay report to the Ministry putting the filling station into operation or termination
of its operation and every change in data pursuant to paragraph 2 letter a) to c).
(4) The provisions of paragraphs 1 to 3 do not apply to filling stations at which fuels are
delivered exclusively for the purpose of the propulsion of vehicles of armed forces 3) , vehicles of
the basic unit of the integrated emergency system 10) or vehicles intended for the performance of duties
of intelligence services 4) .
Section 7
State administration and state supervision
(1) The Ministry
a) keeps records of the filling stations and discloses (makes available) the data kept in such records
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to other administrative authorities,
b) submits to the Commission of the European Communities every year a report on the quality of motor
petrol and diesel fuel in the territory of the Czech Republic for the previous calendar year and the
report on the total quantity of motor petrol and diesel fuel marketed in the territory of the Czech
Republic 11) .
(2) The Czech Commercial Inspection checks
a) the composition and quality of fuels with respect to the producer, seller, importer and exporter,
even in the course of fuel transport, pursuant to a special legal regulation 12) and supervises and
monitors the composition and quality of fuels in compliance with the implementing legal regulation
issued pursuant to Section 3 (2); the relevant analyses shall be performed by accredited experts,
b) the performance of duties pursuant to Section 3 (1) and Section 5 (2, 5, 6 and 7),
c) in collaboration with the administrative supervisory authorities under special regulations the
performance of duties pursuant to Section 5 (1 and 8).
(3) The Czech Commercial Inspection is obliged always by the fifteenth day in the relevant
calendar month submit to the Ministry a report on results of monitoring the composition and quality
of fuels for the previous calendar month. The Czech Commercial Inspection is obliged to submit every
year by 31 March to the Ministry a summary report on the results of monitoring the composition and
quality of fuels for the previous calendar year. The report defined in previous sentences shall be
submitted by the Czech Trade Inspection also in electronic format. A more detailed specification of
the content of these reports and summary reports shall be stipulated by the implementing legal
regulation.
(4) The Building Authority decides on granting a permit for the operation of the filling station
pursuant to Section 5 (2) and on its withdrawal pursuant to Section 5 (3).
Administrative delicts
Section 8
Infractions
(1) A natural person commmits an infraction
a) by selling or delivering a fuel that fails to meet the requirements for fuels pursuant to Section
3 (1),
b) by filling into the storage tank at the filling station a fuel that fails to meet the requirements
for fuels pursuant to Section 3 (1),
c) by selling or delivering leaded motor petrol or using it for the propulsion of the vehicle engine
contrary to Section 5 (7),
d) in cases where, as the owner of the filling station, unless this is a filling station referred to
in Section 6 (4), contrary to Section 6 (3) a) such person fails to report, prior to putting the filling
station into operation, the data required for the records of filling stations pursuant to Section 6
(2) a) or c) or contrary to Section 6 (3) b) fails to report putting the filling station into operation
or termination of its operation or a change in the data entered in the records of filling stations
pursuant to Section 6 (2) a), b) or c), or
e) by filling at the filling station a liquefied petroleum gas into the mobile pressure tank
to Section 5 (5).
contrary
(2) For the infraction referred to in paragraph 1 a) to c) a fine up to CZK 5,000,000 may be
imposed and for the infraction pursuant to paragraph 1 d) a fine up to CZK 3,000,000 may be imposed
and for the infraction pursuant to paragraph 1 e) a fine up to CZK 50,000 may be imposed.
Section 9
Administrative delicts of legal entities and self-employed natural persons
(1) A legal entity or a self-employed natural person 13) commits an administrative delict
a) by selling or delivering a fuel contrary to Section 5 (1),
b) by selling or delivering a fuel that fails to meet the requirements for fuels pursuant to Section
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3 (1),
c) by filling into the storage tank at the filling station a fuel that fails to meet the requirements
for fuels pursuant to Section 3 (1),
d) by selling or delivering leaded motor petrol or using it for the propulsion of the vehicle engine
contrary to Section 5 (7),
e) in cases where, as the operator of the filling station contrary to Section 5 (5) he/she/it enables
to fill liquefied petroleum gases into mobile pressure tanks,
f) in cases where, as the operator of the filling station contrary to Section 5 (6) he/she/it fails
to secure the sale or delivery of motor petrol additives,
g) in cases where, as the owner of the filling station, unless this is a filling station referred to
in Section 6 (4), contrary to Section 6 (3) a), he/she/it fails to report, prior to putting the filling
station into operation, the data required for the records of filling stations pursuant to Section 6
(2) a) or c) or contrary to Section 6 (3) b) fails to report putting the filling station into operation
or termination of its operation or a change in the data entered in the records of filling stations
pursuant to Section 6 (2) a), b) or c), or
h) in cases where, as the producer, importer, exporter or seller of fuels or the operator of the filling
station, unless this is a filling station referred to in Section 4 (2), he/she/it fails to submit a
summary report pursuant to Section 4 (1) or
i) in cases where, as the owner of the filling station pursuant to Section 5 (1) b) contrary to Section
5 (8) he/she/it fails to ensure that in the course of its operation human life or health, property
or the environment is not at risk.
(2) For the administrative delict pursuant to paragraph 1 a) and i) a fine up to CZK 20,000,000
shall be imposed, for the administrative delict pursuant to paragraph 1 letter b) to d) a fine up to
CZK 5,000,000 shall be imposed, for the administrative delict pursuant to paragraph 1 letter e) to
g) a fine up to CZK 3,000,000 shall be imposed and for the administrative delict pursuant to paragraph
1 letter h) a fine up to CZK 1,000,000 shall be imposed.
Section 10
Common provisions on administrative delicts
(1) A legal entity is not liable for an administrative delict, if it proves that it has exercised
every effort that may be reasonably required to prevent the breach of the obligation.
(2) When assessing the fine to be imposed on a legal entity, the seriousness of the administrative
delict shall be taken into account, in particular the manner in which it has been committed and its
consequences.
(3) The liability of a legal entity for the administrative delict shall lapse, if the
administrative authority failed to commence proceedings on such delict within 1 year after the day
it has learned of it, however, no later than within 3 years after it has been committed.
(4) Administrative delicts under this Act shall be considered as the first instance authority
a) by the Director of the Inspectorate of the Czech Commercial Inspection, if these are administrative
delicts pursuant to Section 8 (1) a) to c) and e) and Section 9 (1) a) to f) and i),
b) by the Ministry, if these are administrative delicts pursuant to Section 8 (1) d) and Section 9
(1) g) to h).
(5) The liability for action that occurred in the course of pursuit of business activities of
a natural person or in direct connection with such action, shall be governed by provisions of this
Act regulating the liability of a legal entity and sanctions imposed on a legal entity.
(6) Fines shall be collected by the administrative authority that has imposed them and exacted
by the Customs Authority. The income from fines constitutes the income of the state budget.
Section 11
Delegating provisions
The Ministry will issue a Decree to implement Section 3 (2), Section 4 (1), Section 5 (6) and Section
7 (3).
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Section 12
Transitional provisions
(1) A summary report on the quantity of fuels sold in the previous calendar year shall be
submitted by the producer, importer, exporter and seller of fuels and the operator of the filling station
for the first time for the calendar year 2006, namely by 28 February 2007.
(2) Fuels may be sold or delivered by the filling station pursuant to Section 5 (1) b) which
was put into operation prior to the effective date of this Act, without prior submission of an application
for permit pursuant to Section 5 (2) not for a longer period than for 90 days after the effective date
of this Act or after the day of submission of an application for permit pursuant to Section 5 (2),
however, for a period of 120 days after the effective date of this Act as a maximum.
(3) In the case of a filling station that was put into operation prior to the effective date
of this Act, the date of putting the filling station into operation pursuant to Section 6 (2) d) means
the day of its putting into operation by the person who was the owner of this filling station as at
the effective date of this Act.
(4) The owner of the filling station that was put into operation prior to the effective date
of this Act is obliged to report to the Ministry within 60 days after the effective date of this Act
the data referred to in Section 6 (2).
PART TWO
Amendment to the Act on conditions of operation of on-road vehicles
Section 13
Act No. 56/2001 Coll., on conditions of operation of on-road vehicles and amending Act No.
168/1999 Coll., on compulsory motor vehicle liability insurance and amending some related Acts (Motor
Vehicle Liability Insurance Act), as amended by Act No. 307/1999 Coll., as amended by Act No. 478/2001
Coll., Act No. 175/2002 Coll., Act No. 320/2002 Coll., Act No. 193/2003 Coll., Act No. 103/2004
Coll., Act No. 186/2004 Coll., Act No. 237/2004 Coll., Act No. 411/2005 Coll. and Act No. 226/2006
Coll., shall be amended as follows:
1. The heading under Section 77 reads as follows: "Operating substances and lubricants".
2. In Section 77 (1), the first sentence shall be repealed.
3. Footnotes No. 10 and 11, including footnote references shall be repealed.
4. In Section 77 paragraph 2, including footnotes No. 10 and 11 shall read as follows:
"(2) For the propulsion of the vehicle engine and for the filling of lubricating, cooling and
other systems and equipment of the vehicle solely fuels 10) and operating substances prescribed by
the producer of this engine, system or equipment or the producer of the vehicle may be used. Operating
substances used for the operation of on-road motor vehicles must in terms of their quality meet the
requirements stipulated by special legal regulations 11) and Czech technical standards.
10) Section 2 (1) a) of Act No. 311/2006 Coll., on fuels and filling stations and amending some related Acts
(The Fuel Act).
11) For instance Act No. 356/2003 Coll., on chemical substances and chemical preparations and amending some
Acts, as amended".
5. In Section 77 paragraphs 3 and 5 shall be repealed.
6. In Section 80 (5), the first sentence, words "quality of fuels with respect to the producer,
seller and importer" and " , supervises and monitors the quality of fuels in compliance with the
implementing legal regulation issued pursuant to Section 77 (5)" shall be repealed.
7. In Section 80 (5), the second and third sentence shall be repealed.
8. In Section 91 paragraph 2 shall be repealed.
The existing paragraphs 3 and 5 shall be referred to as paragraphs 2 to 4.
PART THREE
Amendment to the Act on roads
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Section 14
In Section 19 of Act No. 13/1997 Coll., on roads, at the end of paragraph 2, fullstop shall
be replaced by comma and letter h) shall be added which reads as follows:
"h) to place or operate mobile or portable equipment that is intended for the sale of liquefied petroleum
gases (filling station).".
PART FOUR
EFFECTIVE DATE
Section 15
This Act comes into effect on the first day of the third calendar month following the day of
its promulgation.
Zaorálek, in his own hand
Klaus, in his own hand
Paroubek, in his own hand
1) Directive 98/70/EC of the European Parliament and of the Council of 13 October 1998 relating to the quality of
petrol and diesel fuels and amending Council Directive 93/12/EEC.
Directive 2003/17/EC of the European Parliament and of the Council of 3 March 2003 amending Directive 98/70/EC relating
to the quality of petrol and diesel fuels.
2) For instance Act No. 356/2003 Coll., on chemical substances and chemical preparations and amending some other
Acts, as amended and Act No. 86/2002 Coll., on protection of the air and amending some other Acts (the Air Protection
Act), as amended.
3) Act No. 219/1999 Coll., on armed forces of the Czech Republic, as amended.
4) Act No. 153/1994 Coll., on intelligence services of the Czech Republic, as amended.
5) For instance Act No. 50/1976 Coll., on territorial planning and the Building Code (the Building Act), as amended,
Act No. 133/1985 Coll., on Fire Protection, as amended, Act No. 86/2002 Coll., on protection of the air and amending
some other Acts (the Air Protection Act), as amended, Act No. 353/2003 Coll., on Excise Du ties, as amended, Decree
No. 137/1998 Coll., on general technical requirements for the construction, Decree No. 369/2001 Coll., on general
technical requirements enabling use of buildings for the mobility and orientation impaired people and Decree No.
355/2002 Coll., laying down emission limits and other conditions of the operation of other stationary sources of
air pollution releasing volatile organic substances from processes employing organic solvents and from storage and
distribution of petrol.
6) Czech State Standard (ČSN) 73 6060.
7) Government Regulation No. 178/2001 Coll., laying down the conditions of employee health protection at work.
8) Act No. 22/1997 Coll., on technical requirements for products, as amended.
Directive 94/9/EC.
9) Act No. 133/1985 Coll., on Fire Protection, as amended, and for instance the Czech National Standard (ČSN) 65 0201, The Czech National
Standard (ČSN) 65 0202.
10) Act No. 239/2000 Coll., on integrated emergency system and amending some Acts, as amended.
11) Art 8 (3) of Directive 98/70/EC of the European Parliament and of the Council of 13 October 1998 relating to
the quality of petrol and diesel fuels and amending Council Directive 93/12/EEC, as amended by Directive 2003/17/EC
7
of the European Parliament and of the Council of 3 March 2003 and Commission Decision 2002/159/EC of 18 February
2002 on a common format for submission of summaries of national fuel quality data.
12) Act No. 64/1986 Coll., on the Czech Commercial Inspection, as amended.
13) Section 2 (2) of the Commercial Code.
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