Act 19/1993

adopted by the Czech National Council on the State Administration Bodies of the Czech Republic in the Field of Hallmarking and the Testing of Precious Metals

 

The Czech National Council has adopted this Act:

 

PART ONE

 

General Provisions

 

1

(1) It is established the Assay Office which is subject to the Ministry of Industry and Trade of the Czech Republic (hereinafter referred to as "Ministry"). The Assay Office is a budgetary organisation.

(2) The Assay Office is headed by its Director who is appointed and recalled /1/ by the Civil Service Act

 

2

The State Administration Bodies of the Czech Republic in the Field of Hallmarking and the Testing of Precious Metals are

a) the Ministry

b) the Assay Office

 

PART TWO

 

The Competence of the State Administration Bodies of the Czech Republic in the Field of Hallmarking and the Testing of Precious Metals

 

3

The Ministry

a) organises and controls the public service for the precious metals, /2/

b) controls the Assay Office,

c) takes decisions on the legal remedies against the decisions of the Assay Office,

d) by means of the generally binding legal regulation, it lays down the fees for the actions executed by the Assay Office (hereinafter referred to as "hallmarking fees") and the method of payment thereof.

 

4

The Assay Office

a) performs the hallmark control /3/ and the hallmark inspection, /4/

b) assigns the makers marks to the manufacturers of the inland goods, /5/

c) keeps the register of the registered alloys of the precious metals, /6/

d) issues or suspends the certificates of the professional competence of the manufacturers of the precious metals alloys, /7/

e) verifies the fineness of the dental precious metals /8/ and alloys at the coinage of the Czechoslovak coins made of precious metals, /9/

f) verifies the fineness of the gold or silver foils /1O/ and other things made of precious metals /11/ upon request,

g) performs the expertises in the field of hallmarking, testing and the analytical chemistry of the precious metals and economy in the precious metals upon request,

h) deals with the goods of precious metals obtained by the state administration pursuant to the special regulations /12/ or on the basis of international treaties,

i) comments on the drafts of the Czechoslovak Standards in the field of the testing and the analytical chemistry of the precious metals,

j) imposes fines pursuant to the Hallmarking Act. /13/

 

5

(1) The Director of the Assay Office may, as need may be, establish the branch offices and affiliates as the work-places of the Assay Office for the execution of the activities pursuant to the Hallmarking Act.

(2) The establishment or abandonment of branch offices requires the previous approval of the Ministry.

(3) The branch office

a) performs the hallmark control /3/ and the hallmark inspection, /4/

b) verifies the fineness of the dental precious metals /8/ and alloys at the coinage of the Czechoslovak coins made of precious metals, /9/

c) verifies the fineness of the gold and silver foils /1O/ upon request, as well as of other objects of precious metals within the scope laid down by the Director of the Assay Office. /11/

(4) Affiliate

a) performs the hallmark control, /3/

b) verifies the fineness of the gold and silver foils /1O/ upon request, as well as of other objects of precious metals within the scope laid down by the Director of the Assay Office. /11/

 

6

(1) For the actions pursuant to 4 letter b), c), and d), the Assay Office collects the administration fees pursuant to the special regulations. /14/

(2) For the performance of the hallmark control /3/ and the actions pursuant to 4 letter e) to g), the Assay Office collects the hallmarking fees the amount of which are laid down by the generally binding legal regulation ( 3 letter d)).

(3) In the event that the hallmarking fee for the action of the Assay Office pursuant to 4 letter f) and g) is not laid down by the generally binding legal regulation, the respective price shall be arranged for according to the price regulations.

(4) The receipts for the actions of the Assay Office are the revenue of the state budget of the Czech Republic.

 

7

(1) Upon the obligation to notify has been complied with /15/, the Assay Office shall assign to the manufacturer or trader /16/ such a work-place of the Assay Office (hereinafter referred to as "authorised work-place") which is nearest to the place of its registered office or the place of its permanent residence, unless otherwise agreed upon.

(2) As for the manufacturer or trader operating its business in the territory of the Czech Republic with its registered office or permanent residence being outside the territory of the Czech Republic, such authorised work-place shall be in Prague.

(3) The manufacturer or trader has the right to change the authorised work-place upon the previous notification the Assay Office of such matter in writing. The manufacturer or trader is not entitled to approach more workplaces of the Assay Office without previous approval on the Assay Office.

(4) Also the physical and legal persons other than the manufacturers and traders /16/ are entitled to approach any work-place of the Assay Office. In the event that the respective work-place executes the requested action, it may not be refused.

 

 

 

PART THREE

Transitional and Final Provisions

 

8

(1) The Assay Office is entitled to use the state symbols and stamp the papers connected with the execution of the public service in the field of hallmarking and the testing of precious metals in accordance with the special regulations. /17/

(2) The findings, certifications, and the experts opinions of the Assay Office with the imprint of the official stamp or seal affixed thereto are the public documents. /18/

 

9

(1) The State Testing Office of Precious Metals in Prague is being abandoned /19/ and its rights and obligations including the rights and duties resulting from the labour-law relations shall be delegated to the Assay Office on the date this Act comes into force.

(2) The proceedings launched before the date this Act comes into force by the State Testing Office of Precious Metals in Prague shall be completed by the Assay Office pursuant to the hitherto regulations.

 

10

39 par. 2 Act No. 539/1992 Coll. on Hallmarking and the Control of Precious Metals (The Hallmarking Act) says:

"(2) Upon selling the goods, the traders are obliged to issue a document indicating the type, price, weight, and fineness of the goods of precious metals being sold. However, as regards the selling of the silver goods the weight of which does not exceed 10 grams, the document need not indicate the weight thereof".

 

11

This Act comes into force on 1st January 1993

 

 

 

Uhde in his own hand; Klaus in his own hand

 

 

 

 

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1) 53 Par. 5 Act No. 218/2002 Coll., on service of state employees in administrative offices, on remuneration of such employees and other employees in the administrative offices (Service Act)

2) 13 Par. 2 Act No. 2/1969 Coll., establishing ministries and other central state administration authorities of the Czech Republic - latest amendments Law No. 458/2000 Coll., Law No. 256/2001 Coll., Law No. 219/2002 Coll., Law No. 13/2002 Coll., Law No. 47/2002 Coll. and Law No. 517/2002 Coll.

3) 8 and 29 Act No. 539/1992 Coll., on Hallmarking and the Control of Precious Metals (the Hallmarking Act)

4) 41 and 42 Hallmarking Act.

5) 46 and 47 Hallmarking Act.

6) 49 Hallmarking Act.

7) 48 Hallmarking Act.

8) 31 Hallmarking Act.

9) 30 Hallmarking Act.

10) 32 Hallmarking Act.

11) 33 Hallmarking Act.

12) e. g. 462 Act No. 40/1964 Coll., (the Civil Code), as amended

13) 43 and 45 Hallmarking Act.

14) Law No. 368/1992 Coll. on administrative charges, as amended

15) 35 Hallmarking Act.

16) 4 Hallmarking Act

17) Act No. 68/1990 Coll., Concerning the Use of the National Emblem and the National Flag of the Czech Republic, as amended

Decree No. 435/1990 Coll., Specifying the Use of the National Emblem and the National Flag of the Czech Republic

18) 134 Act. No. 99/ 1963 Coll., the Civil Procedure Code, as amended (full text No. 501/1992)

176 Act No. 140/1961 Coll., the Criminal Procedure Code, as amended

19) It was established by the Decree of the Minister of Finance No. 123/1955 Coll., on Civil Service for Precious Metals and incorporated by the Decree of the Metallurgy Industry and Ore Mines Minister, No. 93/1992 Coll., into the system of precious metal civil service bodies, as amended