Production and treatment of sulphite spirit or synthetic spirit

A licensed (concession) trade covering the industrial production and treatment of sulphite spirit (arising in the processing of pulp) and synthetic spirit (produced chemically, typically by the hydration of ethylene). The Trade Licensing Office decides on granting the concession in administrative proceedings, and the authorisation arises only when the decision granting the concession becomes final, not on submission of the application.

Conditions for operating

General conditions under s. 6 of the Trade Licensing Act: full legal capacity and a clean criminal record. Medical fitness is not required.

Professional qualification under Annex No. 3 to the Trade Licensing Act (the area is regulated under ss. 6 to 8 and s. 27 of Act No. 455/1991 Coll.) – one of the following variants:
1) university education in a programme focused on chemistry; or
2) higher vocational education focused on chemistry and 3 years of practice in the field; or
3) secondary education with a school-leaving examination in a field focused on chemistry and 3 years of practice in the field; or
4) a retraining certificate or another document on professional qualification for the relevant activity issued by an accredited institution and 3 years of practice in the field; or
5) documents under s. 7(5)(a) to (e) of the Trade Licensing Act.

Concession: granting is decided by the Trade Licensing Office in administrative proceedings; the relevant state administration authority, which is the Ministry of Industry and Trade, comments on the concession application. The applicant may prove the professional qualification through a responsible representative under s. 11.

Examples of activities

production of synthetic spirit by a chemical route (hydration of ethylene)
production of sulphite spirit from sulphite liquors in pulp processing
treatment (refining, distillation) of sulphite spirit
treatment and purification of synthetic spirit
production of anhydrous (absolute) synthetic spirit
industrial processing of spirit of synthetic origin for technical purposes

What the trade is and what it is for

The trade "Production and treatment of sulphite spirit or synthetic spirit" is a licensed (concession) trade listed in Annex No. 3 to the Trade Licensing Act (field No. 2). It covers the industrial production and subsequent treatment of two specific kinds of spirit (ethanol) that do not arise from the fermentation of sugary or starchy raw materials, but in a different way:

sulphite spirit arises as a by-product in the production of pulp by the sulphite process (by fermenting and distilling sulphite liquors),
synthetic spirit is produced by a chemical (synthetic-industrial) route, typically by the hydration of ethylene.

These kinds of spirit are used mainly for technical and industrial purposes. Since this involves handling spirit, the area is also subject to special legislation (in particular Act No. 61/1997 Coll., on spirit, and excise duty regulations), and the state therefore regulates this business through the stricter form of a concession.

What falls under this trade (and what does not)

This trade covers the actual production of sulphite or synthetic spirit and its treatment – that is, refining, distillation, purification or the production of anhydrous (absolute) spirit from these sources.

By contrast, it does not cover:

the production of fermentation spirit (spirit obtained by fermenting agricultural raw materials) – this is the subject of the separate licensed (concession) trade "Production and treatment of fermentation spirit, consumer spirit, spirit drinks and other alcoholic beverages",
growers' distilling and the production of spirit drinks or consumer spirit,
the mere wholesale or distribution of spirit without producing and treating it.

The boundary is set by the origin and method of obtaining the spirit: what matters is whether it is sulphite/synthetic spirit, not fermentation spirit. If you are unsure how to classify a particular technology, check the scope with the Trade Licensing Office.

Conditions for obtaining it under the law

The applicant must meet the general conditions under s. 6 of the Trade Licensing Act – full legal capacity and a clean criminal record. Neither medical fitness nor liability insurance is required for this trade.

A professional qualification under Annex No. 3 is also required (the area is regulated under ss. 6 to 8 and s. 27 of Act No. 455/1991 Coll.). One of the following variants is sufficient:

university education in a programme focused on chemistry; or
higher vocational education focused on chemistry and 3 years of practice in the field; or
secondary education with a school-leaving examination in a field focused on chemistry and 3 years of practice in the field; or
a retraining certificate or another document on professional qualification for the relevant activity issued by an accredited institution and 3 years of practice in the field; or
documents under s. 7(5)(a) to (e) of the Trade Licensing Act.

Because this is a concession, the authorisation is decided by the Trade Licensing Office in administrative proceedings, and the relevant state administration authority, which is the Ministry of Industry and Trade, comments on the concession application (the agenda unit under s. 29(1) of the Trade Licensing Act). If you do not personally meet the required expertise, you can prove it through a responsible representative under s. 11 – a natural person who meets both the general and professional conditions and is responsible for the proper operation of the trade.

How to notify or obtain the trade step by step

A licensed (concession) trade is not notified – you submit a concession application on the Unified Registration Form (URF). You can submit it:

in person at any Trade Licensing Office (the municipal trade licensing office),
electronically via the rzp.gov.cz portal,
at a Czech POINT branch.

You attach to the application proof of professional qualification (or documents relating to the responsible representative). The office forwards the application to the relevant authority – the Ministry of Industry and Trade – which comments on it. The Trade Licensing Office then decides on the concession itself within usually 30 days.

The key difference from notifiable trades: the authorisation arises only on the day the decision granting the concession becomes final (not on submission of the application). Once the decision is final, the office registers the trade and issues a register extract within 5 working days. The general procedure is described in the guide on how to set up a trade.

Documents and fees

Concession application (URF) stating the subject of business under Annex No. 3.
Proof of professional qualification according to the chosen variant (diploma, certificate, retraining certificate, proof of practice).
Where applicable, documents relating to the responsible representative (s. 11).
A criminal record extract is usually obtained by the office itself; foreigners prove their clean criminal record under s. 6.
Administrative fee of CZK 1,000 for a concession application on first entry into business, CZK 500 for a further concession.

Frequently asked questions

On which day may I start doing business?

Only on the day the decision granting the concession becomes final (s. 10(1) of the Trade Licensing Act), not on submission of the application.

Which authority comments on the application?

The Ministry of Industry and Trade comments on the matter as the relevant state administration authority (the agenda unit under s. 29(1) of the Trade Licensing Act). The concession itself is issued by the Trade Licensing Office; any appeal is decided by the Ministry of Industry and Trade.

Do I have to have a university degree?

No. Higher vocational or secondary education focused on chemistry together with 3 years of practice in the field is also sufficient, or retraining with practice.

Can I deal with the expertise through another person?

Yes, through a responsible representative under s. 11 who meets both the professional and general conditions. One person may act as a responsible representative for at most four entrepreneurs.

Does this cover the production of fermentation spirit or spirit drinks?

No. Fermentation spirit, consumer spirit and spirit drinks fall under a different licensed (concession) trade.