139/2006 Sb.
LAW
of 14 June. March 2006
the concession contracts and concession management
(the concession law)
Modified: 30/2008 Sb.
Change: 110/2009 Sb.
Change: 417/2009 Sb.
Change: 227/2009 Sb.
Change: 179/2010 Sb.
Change: 303/2013 Sb.
Parliament has passed the following Act of the Czech Republic:
PART THE FIRST
GENERAL PROVISIONS
The subject of editing, and basic concepts
§ 1
The subject of the edit
(1) this Act regulates the conditions and procedure of the contracting authority in the
the conclusion of concession contracts in the framework of cooperation between the contracting authorities
and other bodies, if these terms and conditions and the procedure does not modify the Special
legal regulation ^ 1). This law also incorporates the relevant provisions
Of the European communities ^ 2).
§ 2
The contracting authority
(1) the contracting authority (hereinafter referred to as "the contracting entity") shall, for the purposes of this
the law means
and Czech Republic) ^ 4),
(b)) the State contributory organization,
(c) territorial self-governing unit) or a contributory organization, for which the function
founder pursues territorial self-governing unit ^ 5),
(d) other legal person), if
1. was founded or established for the purpose of meeting the needs of the public
interest, which do not have an industrial or commercial character, and
2. is financed mainly by the State or by the contracting authority or other State
or any other Contracting Authority controlled or State or another contracting authority shall appoint
or opt for more than half of the members in its statutory, administrative,
the supervisory or inspection authority.
(2) the contracting authority also considers any connection the contracting authorities, or
the contracting authority and other persons for the purpose of joint action towards
the selection of a concessionaire, if at least one of the parties to the concentration, the contracting authority
referred to in paragraph 1. In this case, those persons shall conclude before
the start of the concession procedure a written contract in which you adjust the
mutual rights and obligations related to concession management and provides
the way the negotiations against third parties.
§ 3
General exceptions from the scope of the law
This law shall not apply to contracts concluded by the contracting authorities, if
and their subject are) classified information ^ 6) or the publication of the
concession documentation could jeopardize the protection of classified information,
(b)) of the concession contract, which are under special laws
the rules associated with the specific security measures ^ 7), or
the conclusion is related to the protection of essential security interests
State ^ 8),
(c)) they are concluded are governed by specific procedural rules and
concluded in pursuance of an international agreement that applies to the
the stay of the armed forces of other States on the territory of the Czech Republic or to the
the posting of the armed forces of the Czech Republic on the territory of other States, which
the Czech Republic is bound and which has been promulgated in the collection of laws or
in the collection of international treaties,
(d)) on their conclusion are subject to the rules of the special procedures
international organizations,
(e)) are concluded by the contracting authority in pursuance of an international agreement
concluded between the Czech Republic and other than the Member State of the European
Union and shall include the services or works intended for the joint
implementation or use of the Contracting Parties; The conclusion of the Czech Republic
such agreement shall notify the Commission of the European communities,
(f)) of their subject are the services provided by the Czech National Bank in
the exercise of its competence under specific legislation ^ 9),
(g)) be the subject is making their public telecommunication networks,
h) their subject is a public service obligation in accordance with the Special
^ 10) legislation, or
I) their subject-matter services in research, development and innovation, with ^ 10a)
except in cases where the price for the implementation of the research, development and innovation is
paid for by the contracting authority, the contracting authority is solely and only user results
research, development and innovation.
section 3a
Principles of the procedure the contracting authority
The contracting authority is obliged to when the procedure under this Act, comply with the principles
transparency, equal treatment and non-discrimination.
PART THE SECOND
CONCESSION MANAGEMENT
TITLE I OF THE
GENERAL PROVISIONS
§ 4
Before the start of the concession procedure the contracting authority determines the estimated
the value of the subject of the concession contract and the estimated total income
dealers resulting from the implementation of the concession contract (hereinafter referred to as
"the expected income of dealers"); How to calculate projected
the value of the subject of the concession contract and the anticipated income dealers
lays down detailed legal prescription.
§ 5
(1) the contracting authority selects a concessionaire for the conclusion of the concession contract in the
concession management.
(2) the contracting authority may not proceed under this section of the Act, if the
the estimated income of dealers less than 20 0000 0000 CZK without tax
the added value, the contracting authority is, however, obliged to comply with the principles referred to in section
3A.
TITLE II
CONCESSION MANAGEMENT
The initiation of the concession procedure
§ 6
(1) the concession procedure shall be initiated by posting the notice of the initiation of the
concession management.
(2) the contracting authority may cancel the concession procedure if it's in the reserves
the notification referred to in paragraph 1. Moreover, it applies to the cancellation of the concession procedure
also the relevant provisions of the law on public procurement of the cancellation
procurement procedures, including the reasons for the cancellation.
(3) for the electronic communication in the relevant concession management
the provisions of the law on public procurement of electronic resources and
Similarly, the electronic instruments.
section 7 of the
(1) notice of the initiation of the concession management is a challenge unlimited number of
suppliers to submit applications to participate in concession management and to demonstrate the
meet the required qualifications; the notification shall be published in accordance with section 31. In
If the procedure referred to in paragraph 5 (a). and the contracting authority shall specify in the notice)
minor criteria for the evaluation of tenders, including their weight; in the case of
the procedure referred to in paragraph 5 (a). (b) the contracting authority shall specify preliminary partial)
criteria, including their weight.
(2) the time limit for receipt of requests to participate in concession management must not be
less than 52 days from the date of publication of the notice of the initiation of the concession
the proceedings.
(3) for the assessment of the qualification of suppliers and for their exclusion applies
the provisions of the law on public procurement of the qualifications which demonstrate
the contracting authority requires to the supplier and their excretion
Similarly.
(4) the contracting authority may limit the number of vendors who have demonstrated compliance with the
qualifications, if it said in the notice of initiation of the concession procedure,
including criteria for their limitations; to submit a tender or to
participation in the concession dialogue prompts in this case at least 3 suppliers.
(5) following the assessment of the qualification of suppliers and the possible limitations of their
the number of the contracting authority
and invite the suppliers) have demonstrated compliance with the qualification, to the submission of the
of tenders (article 8) with the fact that these menus can further Act (section 9), or
(b)) who invite the vendor meet the qualifications to participate in the
concession dialogue (§ 10), whose purpose is to find one or more of the
the appropriate solution of the concession project; When you find one or more of the
appropriate solutions to the contracting authority proceeds in accordance with subparagraph (a)).
(6) the contracting authority shall proceed in accordance with paragraph 5 (b). (b)), indicating this
the fact in the notice of initiation of the concession procedure.
§ 8
Call for the submission of tenders
(1) the Written invitation to tender pursuant to § 7 (2). 5 (a). and)
If the contracting authority with the suppliers of the submitted offers, it is not,
contains at least
and concession or documentation) the conditions for its grant; for the content of the
the concession of the documentation, the provisions of the law on public procurement of
Similarly, the tender documentation
(b) the time limit for the submission of tenders), which may not be less than 40 days from the date of
dispatch of invitations to tender; If the contracting authority does not send the supplier
all the supporting documents required for processing the offer along with a challenge to the
the submission of tenders, or if they can be submitted only after inspection
the place of performance, the contracting authority shall apply mutatis mutandis extended the deadline for the submission of tenders,
(c) place of submission of tender and)
d) information about the language in which they must be submitted.
(2) if the contracting authority decides about the tenders submitted under section 7 (2). 5
(a). and the Act, a written challenge) referred to in paragraph 1 also contains
and the way to negotiations on menus), and in particular whether the negotiations will take place with the
all suppliers at the same time or separately,
(b) the selection of suppliers for) way of further negotiations, if the contracting authority
Decides to gradually reduce their number; § 7 (2). 4 sentence for a semicolon
shall apply mutatis mutandis.
(3) the deadline For tender, technical conditions, the classification of the subject
the concession contract, providing documentation to suppliers, the concession
additional information to the award conditions and a tour of the places of performance
the relevant provisions of the Act on public procurement.
(4) For the submission of tenders and the content of the relevant provisions of the Act
on public procurement apply mutatis mutandis.
§ 9
Negotiations on the menus
(1) if the contracting authority shall decide on further action menus, prompts writing
all vendors who have not been excluded from participation in the concession procedure,
the negotiations on the menus.
(2) If there will be further negotiations, shall be used for the progress of these
meeting the provisions of the law on public procurement of the negotiations on the menus in the
the individual stages of the procedure, with the publication by analogy; for the adjustment of
the design of the concession contract shall apply the relevant provisions of the law on public
orders likewise.
§ 10
Call for participation in the concession dialogue
(1) a written invitation to participate in the concession dialogue according to § 7 (2). 5 (a).
(b)) contains at least
and the description of the subject of the negotiations,) which contains in particular the specification of the needs and
requirements on the subject of the concession contract,
b) information on the place and time of the hearing,
(c) information about the language of negotiations).
(2) For the procedure of the contracting authority in the search for a suitable solution in the public works concession
the dialogue, the provisions of the law on public procurement on the course
Similarly, the competitive dialogue.
(3) on the conclusion of the negotiations on the concession shall inform the contracting authority in writing dialogue
all the vendors, who were invited to participate in the concession dialogue, and
at the same time ask for the submission of tenders; in the invitation referred to in section 8 shall also
minor criteria for the evaluation of tenders, including their weight.
§ 11
Assessment and evaluation of tenders
(1) for the opening of the envelopes with the menus and the evaluation to the Commission, the relevant
the provisions of the law on public procurement.
(2) for the assessment and evaluation of tenders shall apply the relevant provisions of the Act
on public procurement, by analogy with the fact that the assessment criterion for the selection
dealers are only economically advantageous offer.
TITLE III
THE SELECTION OF THE CONCESSIONAIRE
§ 12
(1) on the basis of the results of the concession for the conclusion of the proceedings, the contracting authority selects
the concession contract the vendor whose offer was evaluated as
the most economically advantageous.
(2) the notice of the selection of a concessionaire shall apply the provisions on notification
on the selection of the most appropriate quote law on public procurement.
(3) for the submission of objections, how to deal with and the prohibition of conclusion of the
the concession contract shall apply the relevant provisions of the law on public
orders likewise.
(4) For the conclusion of the concession contract, the provisions of the law on public
procurement of conclusion of the contract apply mutatis mutandis.
section 13
The conclusion of the concession contract in the specific case
The contracting authority may conclude the concession contract instead with the selected contractor with
legal person which is the concession procedure proves, if
and on the menu, the selected vendor) was such an option is given, including
the legal form of the minimum proposed in capital, the proposed
the ownership structure and the design of the cast of the authorities of such a person,
(b) the contracting authority) or selected vendor at the time of the conclusion of the concession contract
directly or indirectly controls ^ 11),
(c) the subject of activity) is the implementation of the subject of the concession contract, and
(d)) meets the basic qualifications.
TITLE IV
SUBCONTRACTING
§ 14
(1) in the case of a concession contract with the estimated value of its
the subject is higher than the financial limit fixed by law
law, whose main subject is the construction work (hereinafter referred to as
"the excess of works concession contract"), the contracting authority may
require that the
and the dealer subcontracts entered on) at least 30% of the estimated value of the
construction work for third parties; the minimum amount of a share shall be entered in the
the concession contract, or
(b)), the supplier said the estimated percentage of the menu from the
the estimated value of the works, which intends to enter a third
persons such as subcontracting.
(2) the requirements referred to in paragraph 1, the contracting authority shall state in the notice of initiation
concession management.
§ 15
(1) the dealer who
and it is not the contracting authority by the law) on public procurement, if the
-limit the concession contract for the construction work, and
(b)) intends to provide a third party part of the implementation of the construction work in the scope of the
reaching at least the financial limit set out in the implementing the legal
Regulation, and, where not otherwise met the conditions for the application of the rules
procedure without publication in accordance with the law on public procurement ^ 3), this
intent to publish, with the deadline for the submission of tenders not less than 40 days
from the date of the invitation to tender. For the publication of notices shall apply
dealer form by the directly applicable European regulation
the community.
(2) for a third person for the purposes of paragraph 1, not the person, which
dealers dominate, and the person it controlled ^ 11); for a complete list of these
persons is part of the application for participation in the concession procedure. Supplier, and after
the conclusion of the concession contract, the concessionaire shall update this list without
undue delay after changes occur in their relations.
PART THE THIRD
CONCESSION CONTRACT
section 16 of the
(1) the concession agreement with the concessionaire undertakes to provide services or
to perform the work and the sponsor undertakes to allow the dealers to take benefits
arising from the provision of services or of the use of the work,
where appropriate, along with the provision of performance in money.
(2) a substantial part of the risks associated with from the benefits arising from the
the provision of services or of the use of the work shall be borne by the dealer;
the distribution of risks between the contracting authority and the other dealers provides
the concession contract.
(3) the concession contract contains the
and) the reasons based on which can occur in premature termination of the
of the Treaty, and
(b)) definition of the legal relations of the parties to the property, which is intended to
the implementation of the concession contract, including rules on their settlement, if
occurs when the end of the contract referred to in subparagraph (a)).
(4) the concession contract can be concluded for a specified period only.
(5) the concession contract must be in writing and the manifestations of the will of the parties
must be on the same list.
(6) the concession contract shall also be governed by the provisions of the civil
code.
§ 17
(1) the contracting authority may enter into a concession contract, if it does not preclude the
special legal regulation.
(2) Dealer shall not on the subject of the concession contract or its part
to conclude the next concession contract.
section 18
In the concession contract, the contracting authority may allow the dealers to choose from
users of the remuneration for the service provided only in the case that would itself be
the contracting authority should have the right to such remuneration from users.
§ 19
(1) when concluding concession contracts, contracting authorities may commit to
future performance, which is not covered by the budget of the contracting authority in force in
the time of the conclusion of the concession contract.
(2) where the dealer accounts according to a special legal
Code ^ 12), shall draw up the chart of accounts so that the financial statements
included a breakdown of the items according to the activities associated with the subject
the concession contract and, according to other activities, which deals with.
The dealer shall be shown in the chart of cost and schedule income accounts
related on the one hand with the activities related to the subject of the concession
of the Treaty, and on the other with other activities, which deals with.
Definition of the content of these accounts provides dealer internal regulation.
(3) for damage caused by the concessionaire in direct connection with the
the provision of services to users of the service users, the contracting authority is responsible.
PART THE FOURTH
SIGNIFICANT CONCESSION CONTRACT
section 20
(1) the contracting authority shall proceed even under this part of the Act, if the estimated
reception of dealers is at least the amount referred to in paragraph 2.
(2) under this part of the law progresses
and the Czech Republic), the State contributory organization or other legal
person according to § 2 (2). 1 (a). (d)), if the Czech Republic in relation to the
This person in a position according to § 2 (2). 1 (a). (d)) (2), if the
the estimated income of dealers is at least 500 0000 0000 CZK
(b)), the capital of the region of Prague, contributory organization, for which they perform
the function of the founder, or any other legal person according to § 2 (2). 1 (a).
(d)), if the province or the capital city of Prague in relation to that person in
position according to § 2 (2). 1 (a). (d)) (2), if the estimated
reception of dealers is at least 250 0000 0000 CZK
(c) the municipality of over 100 000) of the population, the contribution of the organisation, which carries out
the function of the founder, or any other legal person according to § 2 (2). 1 (a).
(d)), if the municipality in relation to that person in a position according to § 2 (2).
1 (a). (d)) (2), if the estimated income of dealers is
at least 200 0000 0000 CZK
(d)) the municipality over 25 000 to 100 000 of the population, the contribution of the Organization for which the
performs the function of the founder, or any other legal person according to § 2 (2).
1 (a). (d)), if the municipality in relation to that person in the position under section
2 (2). 1 (a). (d)) (2), if the estimated income of dealers
is at least 100 0000 0000 CZK
e) to 25 000 inhabitants and municipality, contributory organization, which carries out
the function of the founder, or any other legal person according to § 2 (2). 1 (a).
(d)), if the municipality in relation to that person in a position according to § 2 (2).
1 (a). (d)) (2), if the estimated income of dealers is
at least 50 0000 0000 CZK
(f) if the contracting authority) the other expected income of dealers is
at least 100 0000 0000 Czk.
section 21
Concession project
(1) before the beginning of the concession procedure, or in the case of the procedure under section 7 of the
paragraph. 5 (a). (b)) before submitting a call for the submission of tenders, the contracting authority shall ensure
elaboration of the concession project.
(2) the Concession project means the basic definition of activities, which has
be the subject of a concession contract, the basic definition of the economic conditions
and the legal relations resulting from the implementation of the concession contract and the
economic benefit assessment of collateral in the form of a concession
of the Treaty; the details of the contents of the concession project provides detailed
legal prescription.
section 22
Approval of the concession project
(1) at the latest before the beginning of the concession procedure, or in the case of the procedure
According to § 7 (2). 5 (a). (b)) before submitting a call for the submission of tenders shall be
approved the concession project.
(2) Approved the concession project is the basis for the drafting of concession
the documentation.
(3) the approval of the concession project is decided by the
and in the case of) a Government concession for the project of the Czech Republic, the State
contributory organisations or other legal entities referred to in section 2 (2). 1
(a). (d)), if the Czech Republic in relation to that person in the position of
the contracting authority according to § 2 (2). 1 (a). (d)), section 2
(b) in the case of the County) concession project region,
contributory organization, which performs the function of a region of the founder, or other
legal persons according to § 2 (2). 1 (a). (d)), if this region in relation
to that person in the position of the contracting authority according to § 2 (2). 1 (a). (d)), section 2
(c) in the case of municipalities) concession project of the municipality, the contributory
the organisation, which carries out the function of the village founder, or other legal
person according to § 2 (2). 1 (a). (d)), if the municipality in relation to this
the person in the position of the contracting authority according to § 2 (2). 1 (a). (d)), section 2
(d) critical issues) body in a specific legal
code ^ 13) in the case of the concession project of another contracting authority.
(4) non-compliance with the procedure referred to in paragraph 1 or 2, the contracting authority does not affect the
force of the Treaty.
section 23
Approval of the concession contract
(1) the concession contract, which closes the
and the Czech Republic), the State contributory organization or other legal
person according to § 2 (2). 1 (a). (d)), if the Czech Republic in relation to the
This person in the position of the contracting authority according to § 2 (2). 1 (a). (d)), section 2
approved by the Government,
(b)), contributory organization, which acts as the governing body, or
other legal person according to § 2 (2). 1 (a). (d)), this region is in the
relation to that person in the position of the contracting authority according to § 2 (2). 1 (a). (d))
point 2, approved Council of the region,
c) village, contributory organization, which acts as the governing body, or
other legal person according to § 2 (2). 1 (a). (d)), if this is a village in the
relation to that person in the position of the contracting authority according to § 2 (2). 1 (a). (d))
point 2, approves the Council of the municipality,
(d) the contracting authority shall approve) another decisive authority on the issues of its
management under special legislation ^ 13).
(2) the legal effects of the concession contract pursuant to its approval occur
of paragraph 1.
(3) if the concession contract approved, the contracting authority shall cancel the concession
the proceedings.
(4) in the case of changes to the concession contract, which leads to an increase
the anticipated income of dealers more than 20%, or in which the
as a result of the anticipated income reaches or exceeds the amounts dealers
referred to in section 20 (2). 2, proceed in accordance with paragraphs 1 and 2.
PART THE FIFTH
SUPERVISION OF COMPLIANCE WITH THE LAW
section 24
Oversight of the Office for protection of competition
(1) supervision of compliance with this Act shall be exercised by the Office for the protection of
of competition (hereinafter referred to as "the authority").
(2) the authority in the exercise of supervision of compliance with this Act
and issuing provisional measures)
(b)) decides whether the contracting authority acted in accordance with this Act,
(c) the remedial measures and stores) sanctions
d) hears administrative delicts,
(e) acts of the contracting authority) checks under other legislation ^ 14); by
is without prejudice to the competence of other authorities exercising such control
^ under other legislation 14a),
(f) other tasks), if so a different legislation.
§ 24a
Initiation of proceedings
The procedure for review of acts of the contracting authority with the Office launches on written
the complainant's proposal (hereinafter "the applicant"), or ex officio.
section 24b
A proposal from the
(1) the proposal can be made against all the procedures of the contracting authority, that exclude or
could exclude the principles laid down in section 3a and which result in danger
or was the injury to the appellant's rights, and in particular against
and the contract conditions)
(b)) the content of the notice of initiation of concession management,
(c) the applicant's exclusion from the concession) management,
(d) a decision on the most appropriate selection) menu,
(e) the use of species) concession management.
(2) After the conclusion of the concession contract may be brought only against the closure proposal
the concession contract without prior publication of a concession or management
against the violation of the prohibition on the conclusion of the concession contract.
(3) in addition to General Design requirements for filing ^ 15) must contain the exact
the designation of the contracting authority, in what is seen as a violation of the law, in which the
as a result the claimant threatens or suffer on his rights,
the relevant evidence, and what the applicant is seeking. Part of the proposal
consigned Office is evidence of a deposit under section 24 c, and in the case of
the proposal to be sent to the Office before the conclusion of the concession contract document
delivery of the objections to the contracting authority.
(4) the proposal must be delivered to the Office and a copy to the contracting authority in the 10
calendar days from the date on which the appellant received the decision establishing the
the contracting authority has not complied with the opposition. A proposal to save the ban on the performance of the concession
the contracts referred to in paragraph 2 shall be delivered only to the Office, and that up to 30
calendar days from the date on which the Contracting Authority published a notice of the result of
concession management in the manner referred to in section 31, paragraph. 3, stating the reason for
the conclusion of the concession contract without publication of the notification of the concession procedure,
but not later than 6 months from the conclusion of this concession contract.
(5) if the contracting authority did not satisfy the objections referred to in section 12, paragraph. 3 can the proposal on
the imposition of measures to remedy the submit and deliver to the authority and the contracting authority
not later than 25 calendar days from the date of dispatch of the opposition
the complainant.
(6) the contracting authority is obliged to send their observations to the Office received design
within 7 days of its receipt. Together with this expression will send the appropriate
documentation of the concession contract. In the case of a proposal on the prohibition of the performance of the concession
the contract, the contracting authority is obliged to the Office at the same time send a copy of the concession
of the Treaty and to indicate any reasons for the continuation of the performance of the contract in
the meaning of § 25 paragraph. 3.
§ 24 c
Deposit
(1) with the submission of the proposal the applicant is required to pass on the account of the Office of bail
in the amount of 1% of the estimated value of the subject of the concession contract, at least
However, in the amount of 50 000 Czk, maximum of 2 0000 0000 Czk. In the case of the proposal
imposition of a ban on the performance of the concession contract is the applicant required to fold
deposit 100 USD. Bank connection Authority shall publish on its website
the address.
(2) the deposit is the income of the State budget, if the Office of proceedings
on the proposal for a final decision according to § 25 paragraph stops. 4 (b). and)
otherwise Office returns the deposit together with interest the claimant within 30 days from the date of
When he learns about the legal force of the decision. The deposit is also returns in the
When the Office together with the rejection of a proposal under section 25, paragraph. 4
(a). and) decide to commit misconduct under section 27. 1.
§ 24d
The participants in the proceedings
A participant in the proceedings is the contracting authority and, in the proceedings initiated on proposal also
the appellant; If the subject of the management review of the decision of the selection
the best deals, is a participant in the proceeding whether the selected candidate.
section 24e
Interim measures
(1) the authority may, prior to the release of the decision in the administrative proceedings initiated
under section 24a of the extent strictly necessary in the proposal proceedings, or of the
ex officio to ensure the purpose of the proceedings require the contracting authority, this preliminary
measures:
and to conclude the concession contract) disable in concession management, or
(b) suspend the concession procedure).
(2) proposal for a regulation of the provisional measures in addition to the General requirements
the submission contains the exact designation of the contracting authority, in what is seen as a
violations of the law, which a petitioner imminent injury
on his rights, the relevant evidence, and what the applicant provisional
the measure is invoked. If the proposal does not set out requirements, preliminary
the measures ordered by the Office.
(3) the Office shall cancel the interim measures, as soon as the pass away the reason for which it was
otherwise ordered, shall expire on the decision according to § 25
has acquired power.
(4) an appeal against a decision on interim measures does not have suspensory
effect.
section 24f
Termination of the proceeding
The Office initiated proceedings to stop, if
and the proposal has no prescribed formality) under section 24b, paragraph. 3 or section 24e
paragraph. 2 and the applicant within the time limit specified by the Office it attaches,
(b)) was not with the filing of the proposal consists of a deposit under section 24 c of paragraph 1. 1 and
the applicant fails to pay the additional of bail even in a time limit fixed by the Office,
(c) the proposal was delivered to the Office), and the contracting authority, within the time limits under section 24b, paragraph.
4,
(d) the proposal was not filed) by an authorized person,
(e) the proposal is not directed against the procedure) that the contracting authority is obliged to comply with the
under this Act, in a concession to the proceedings, or
(f)) in the proceedings initiated ex officio grounds were found for saving
the remedial measures according to section 25, or for the imposition of penalties pursuant to section 27 or section
27A.
the title launched
§ 25
The corrective measures and the nullity of contracts
(1) if the contracting authority does not comply with the procedure provided for in this law, the
the procedure significantly influenced or could influence the selection of the most appropriate
menu, and yet not to the conclusion of the concession contract, the Office stores
the remedial measures by cancelling the concession procedure or a single act
of the contracting authority.
(2) the authority in its decision on the basis of the proposal referred to in section 24b saves ban
the performance of the concession contract, if the contracting authority
and committed misconduct) under section 27. 1 (a). (c)), with the exception of
in cases where the Contracting Authority published a notice of intent to conclude a voluntary
the contract referred to in section 31, paragraph. 3 and progressed in accordance with § 12 of the paragraph. 4 and § 12
paragraph. 5, or
(b)) commits misconduct under section 27. 1 (a). and at the same time)
misconduct under section 27. 1 (a). (d)).
(3) a prohibition on the performance of the concession contract pursuant to paragraph 2 is not saved, if
finds that the reasons worthy of special considerations require the continuation of the implementation of the
the concession contract. Economic interest in the performance of the concession contract may be
considered as such only in exceptional circumstances, when
the interruption of the performance of the concession contract would lead to disproportionate consequences.
Economic interests directly linked to the concession agreement, in particular
costs arising from the delay in the implementation of the concession contract, costs
associated with the start of the new concession management, the costs associated with
by changing the body performing the concession contract and the costs associated with the legal
obligations arising from the ban on the performance of the concession contract,
do not constitute reasons worthy of special attention, requiring continued
the performance of the concession contract.
(4) the Office shall reject the proposal if the
and the reasons have been found for) the imposition of corrective measures pursuant to
paragraph 1 or 2, or
(b)) have been identified, the reasons for imposing the ban on the performance of the contract in accordance with
paragraph 2, but the contracting authority establishes the fulfillment of the reasons worthy of special
considerations that require the continuation of the performance of the contract in accordance with paragraph 3.
(5) the concession contract is invalid due to non-compliance with the procedure referred to in
This Act only in cases where the authority of the implementation of the ban saved
in accordance with paragraph 2.
section 26
The costs of proceedings
(1) unless otherwise provided in this Act, shall be borne by the authority and parties of their
the costs of the proceedings.
(2) decisions of the Office pursuant to section 25, paragraph. 2 it is also a decision about
the obligations of the contracting authority to pay the costs of the administrative proceedings (hereinafter referred to as
"cost control"). The costs of proceedings are payable in a lump sum as laid down
the implementing legislation.
(3) for reasons of particular interest since the imposition of the obligation can be nice
to pay the costs of the proceedings referred to in paragraph 2 in whole or in part.
(4) for the costs of the proceedings applies on the provisions of the law on public
procurement.
section 27 of the
Administrative delicts of contracting authorities
(1) the contracting authority has committed misconduct by
and fails to comply with the procedure provided for this) by law, with this procedure
significantly affected or could affect the selection of the most appropriate menu, and
will conclude the concession contract,
(b) fails to comply with the obligation of disclosure provided for) this law, or it will meet
contrary to section 31, paragraph. 4,
(c)) shall conclude a concession contract without publication of a notice of the initiation of
concession management in accordance with section 31, paragraph. 4,
(d)) the concession contract shall conclude in violation of the ban on its conclusion under section
12 paragraph. 3 and section 12, paragraph. 4 or in conflict with the provisional measures according to section
24e paragraph. 1,
e) cancels the concession procedure in contravention of section 6 (1). 2,
(f)) or will not keep the Pact's concession management documentation according to § 33,
or
g) refuses to objections in contravention of section 12(2). 3 and or when
the examination of the opposition, in violation of section 12(2). 3.
(2) for the administrative offence is imposed in the
and) 5% of the estimated value of the subject of the concession contract, if the
administrative offence referred to in paragraph 1 (b). and (c))), or (d)),
(b)) 10 0000 0000 CZK in the case of an administrative offence referred to in paragraph 1 (b). (b)),
e), (f)) or (g)).
(3) the rate of the fines provided for in paragraph 2 shall be increased to double the amount, if
is the sponsor of one of the repeatedly committed administrative offences according to the
of paragraph 1. Administrative offence is committed repeatedly, if before the expiry of 5
years from the date when the decision on the imposition of a fine for an administrative offence has
legal power, he was again committed the same administrative tort.
§ 27a
Administrative delicts suppliers
(1) the supplier commits misconduct by submitting to demonstrate
meet the qualifications for information or documents that do not match the
the fact and had or could have an impact on the assessment of qualifications
the vendor in concession management.
(2) for the administrative offence referred to in paragraph 1 shall be imposed to the 10 0000 0000 Czk
and a prohibition on the performance of the concession contract for a period of 3 years.
(3) the prohibition of the performance of the concession contract means a ban on participation in the concession
control and the ban on the performance of the concession contract, if the estimated income
dealers less than 20 0000 0000 Czk without value added tax. Period 3
years, which is the prohibition of the performance of the concession contract stores, starting on the day
where the decision referred to in paragraph 2, which was imposed a ban on the performance of
the concession contract, has acquired power.
section 27b
Common provisions in administrative deliktům
(1) a legal person under the administrative tort does not match, if he proves that
made every effort, that it was possible to require that the infringement of the
a legal obligation.
(2) in determining the acreage of the fine legal person shall take into account the seriousness of the
the administrative tort, in particular to the way a criminal offence and its consequences, and
the circumstances under which it was committed. If you saved a ban on execution of the contract
According to § 25 paragraph. 2, will also be taken into account to the extent it was
of the contract has been performed.
(3) liability of legal persons for the administrative offence shall cease, if the Office
about him has commenced proceedings in the 5 years from the date on which it learned,
but not later than 10 years from the day when it was committed.
(4) administrative offences under this law in the first instance hearing
The Office.
(5) The liability for the acts, which took place in the business of physical
person or in direct connection with it, shall be subject to the provisions of this
the law on liability of legal persons and sanctions.
section 28
The obligation of confidentiality and the protection of commercial secrets
(1) employees of the Office, as well as those who have been entrusted with the fulfilment of the tasks
due to its competence, are obliged to maintain the confidentiality of any
all the facts on which the learned in the execution of the work
duties. The obligation of confidentiality shall not apply if the mentioned persons
the testimony of the prosecuting authorities of such facts in the criminal
proceedings or in proceedings before the Court, or if to call these
authorities or the Court serves a written expression ^ 15a). The obligations
confidentiality of the employees of the Office is without prejudice to the provision of data and
information by the authority under other legislation ^ 15b).
(2) if the Office finds out the fact, that is the subject of the business
the secret, is obliged to make arrangements to trade secrets was not
infringed.
section 29
Public disclosure of the final decisions of the Office
The authority will publish its final decision continually under this Act
on their website.
PART SIX
COMMON AND FINAL PROVISIONS
TITLE I OF THE
COMMON PROVISIONS
section 30
The financial supervision of the Ministry of finance
(1) the conclusion of the concession contract total, local government
contributory organisations, which shall exercise the function of the founder of the territorial
self-governing unit, or any other legal person according to § 2 (2). 1 (a).
(d)), is a territorial self-governing unit in relation to that person in the position of
According to § 2 (2). 1 (a). d) point 2 (hereinafter referred to as "the applicant"), and to change,
the applicant is obliged to request the prior opinion of the Ministry of finance
(hereinafter referred to as "opinion"). Request opinions on the conclusion or amendment of
the concession contract and its consideration in the approval of the concession contract
or its changes is the condition of the concession contract. The opinion of the
to change the concession contract, it is not necessary to ask, if the proposed changes
concession contracts do not apply to the selected formalities concluded concession
the contracts referred to in paragraph 2.
(2) the request for an opinion on the conclusion of the concession contract or the change of
referred to in paragraph 1 has, in addition to the General requirements of the ^ 15) selected
the elements of the concession contract or their changes, economic analysis
the impact of the concession contract or its amendments on the economic situation
the applicant, including the information about the State of indebtedness of the applicant, which are
necessary for the assessment of his ability to live up to the commitments of the concession
of the Treaty; the elements of the content of the application lays down detailed legal prescription.
The Ministry of finance when a claim cannot be assessed in any other
fact, than those which are referred to in paragraph 4 for the assessment
request.
(3) the territorial self-governing unit shall submit a request for an opinion on the conclusion of the
or change the concession contract also for other applicants referred to in paragraph 1.
(4) the Ministry of Finance shall examine the request for an opinion from the point of view of possible
impact accepted the commitments contained in the concession contract and their impact
on the economic situation of the applicant or of the international commitments of the Czech
of the Republic.
(5) if the Finance Ministry does not respond within 60 days from the delivery,
, the Ministry of Finance has no objections to the closure or change
the concession contract.
section 31
Public disclosure
(1) notice of the initiation of the concession procedure, if the excess of the concession
the contract for the construction work, and the notification under section 15 paragraph dealers. 1
shall be published in the information system on public procurement in accordance with the law on the
public procurement and in the official journal of the European Union, through the
Office for official publications of the European communities. For the publication of a notice
the form shall be used in accordance with the regulation directly applicable European
Community ^ 16).
(2) a notice of the initiation of the concession procedure for other concession contracts
shall be published only in the information system referred to in paragraph 1. For
the publication of the notice shall apply form that contains, in particular,
identification of the contracting authority, a brief description of the concession project
the criteria for the selection of the concessionaire; details of the content of the form provides
the implementing legislation.
(3) in cases where the contracting authority was not required to publish a notice of
the initiation of the concession procedure, may publish notice of the intention to close
the Treaty.
(4) for the disclosure of the relevant provisions of the Act on public
procurement.
§ 31a
Register of persons, the prohibition of the performance of concession contracts
(1) in the register of persons, the prohibition of the performance of concession contracts (hereinafter referred to as
the "terms") are written legal or entrepreneurial natural persons
that was according to § 27a of the paragraph. 2 saved ban implementation of concession contracts.
Index leading the Ministry.
(2) the authority shall inform without delay the Ministry about acquisition of legal power
the decision, which was in accordance with § 27a of the paragraph. 2 saved ban implementation
concession contracts, shall communicate to the identification of a legal or business
the physical person who is to be on the basis of the decision in the register
registered and shall indicate the date from which the ban on the performance of the implementation of the concession contracts
begins, and the day ends. The Ministry not later than 5 working days
from the communication Office, writes the following information to register.
(3) the register is publicly available, and it also means that allow
remote access.
§ 32
Terms of concession contracts
(1) the Ministry for local development provides leadership
the register of the concession contracts
. The register is publicly available, and is part of the information system of the
public procurement in accordance with the law on public procurement.
(2) subject to registration are
and the sponsor's business name) or the name, address, legal form and
the identification number of the person
(b)) for dealers, is a legal person, company or business name,
registered office and legal form of the identification number of the person
(c)) for dealers, is a natural person, the name, surname, or
business name, date of birth, residence, or the place of residence,
If different from the registered office, and the identification number of the person
(d) the definition of the subject of the) base of the concession contract,
(e)) the estimated value of subject of the concession contract and the estimated
reception of dealers,
(f) collect payments from) users and their amount or method of
their destination or their limits, if such permission is apparent from
the concession contract,
(g)) the period for which the concession contract is concluded,
(h)) date of conclusion of the concession contract.
(3) the contracting authority shall transmit to the Ministry for regional development of the data referred to in paragraph
2 within 30 days from the date of the effectiveness of the concession contract; in the case of changes that
relate to the registered data, proceed similarly.
(4) for the purposes of paragraph 3, the sponsor will use the form provided for in the implementing
legal regulation.
(5) the Ministry for local development, writes the data referred to in paragraph 2 to 30
days from the date of its transmission by the contracting entity in the register of concession contracts and
Clears the information from the registry at the date of termination of the concession contract
the validity of the concession contract.
section 33
Retention of documentation
The contracting entity shall keep documentation of the concession procedure after a period of 5 years from the
their effectiveness of the concession contract or the date of cancellation of the concession
the proceedings. Documentation management concession means a summary of all documents
in paper form or on a data medium, whose acquisition requires this
the law in the course of the concession procedure, if applicable, after completion, including
the full version offers all the vendors, concession contracts and all of its
changes.
TITLE II
FINAL PROVISIONS
§ 34
The enabling provisions
(1) the Ministry for local development issues in cooperation with the Ministry of
Finance Ordinance for the implementation of section 4, section 31, paragraph 21. 2 and § 32 paragraph. 4.
(2) the Ministry of finance will issue a decree for the implementation of § 30 paragraph. 2.
(3) the Government shall issue the regulations for the implementation of § 14 paragraph. 1 and section 15, paragraph. 1 (a).
(b)).
(4) the Ministry of local development will issue a decree for the implementation of section 26, paragraph.
2.
PART SEVEN
The EFFECTIVENESS of the
section 35
This Act shall take effect on the first day of the third calendar month after
the date of its publication.
Zaorálek in r.
Klaus r.
Paroubek in r.
Selected provisions of the novel
Article. (II) Act No. 30/2008 Sb.
The transitional provisions of the
Concession proceedings initiated before the date of entry into force of this Act
completed under the Act No 139/2006 Coll., on concession contracts and
concession management (concession laws), as amended, effective the day of acquisition
the effectiveness of this Act.
Article. (IV) Law No. 417/2009 Sb.
Transitional provisions
1. Initiated the concession management, for review of acts of the contracting authority
The Office and the procedure for the imposition of sanctions, initiated before the date of entry into force of
This law shall be completed in accordance with existing legislation.
2. In proceedings for review of acts of the contracting authority and the procedure for the imposition of sanctions,
that was initiated after the date of entry into force of this law and that the
concession proceedings initiated before the date of effectiveness of this law are related,
proceed according to the existing legislation. The proposal to start
proceedings referred to in the first sentence is charged according to the existing legal
regulations.
Article. LXXV of Act No. 303/2013 Sb.
The transitional provisions of the
If, before the date of entry into force of Act No. 89/2012 Coll., the civil
code, opened a concession procedure, governed by private law and obligations
from the contract concluded on the basis of this concession, including the rights of management and
the obligations of a breach of this agreement, the existing legislation,
unless the contracting authority specifies otherwise in the specifications. This does not prevent
the arrangement of the parties that this is their private rights and obligations will be
follow the law No. 89/2012 Coll., of the civil code.
for example, 1) § 18a 18f to Act No. 13/1997 Coll., on the road
safety, as amended.
2) European Parliament and Council Directive 2004/18/EC of 31 March 2004. March
2004 on the coordination of procedures for the award of public works contracts
works, supplies and services.
Commission Directive 2005/51/EC of 7 September 2004. September 2005 amending the annex to
XX European Parliament and Council Directive 2004/17/EC and annex VIII to
European Parliament and Council Directive 2004/18/EC on public procurement.
3) Law No 137/2006 Coll., on public procurement.
4) Act No. 219/2000 Coll., on the Czech Republic and its manners
in legal relations, as amended.
5) Law No 250/2000 Coll., on the budgetary rules of the local budgets,
in the wording of later regulations.
6) Law No 412/2005 Coll., on the protection of classified information and on the
Security eligibility.
for example, law No 7). 239/2000 Coll., on the integrated rescue system and
on the amendment to certain acts, as amended, law No.
240/2000 Coll., on crisis management and on amendments to certain acts (the crisis
Act), as amended, law No. 241/2000 Coll., on the
economic measures for crisis States and amending certain
related laws, as amended, Act No. 153/1994
Coll., on the intelligence services of the Czech Republic, as amended
regulations.
8), for example, Constitutional Act No. 110/1998 Coll., on the Czech safety
Republic, as amended by Constitutional Act No. 300/2000 Coll., Act No. 222/1999
Coll., on ensuring the defence of the Czech Republic, as amended
regulations.
9) Law No 6/1993 Coll. on Česká národní banka, as amended
regulations.
for example, 10) section 19 of law No 111/1994 Coll. on road traffic, as amended by
amended.
10A) Law No. 130/2002 SB., on the promotion of research, experimental development
and innovation of public funds and amending some related
laws (law on the promotion of research, experimental development and innovation), in
as amended.
11) section 66a.
12) Act No. 563/1991 Coll., on accounting, as amended.
for example, section 13) 5 (3). 2 (a). (b)) Law No 6/1993 Coll., on the Czech
the National Bank, as amended.
14) Act No. 552/1991 Coll., on State control, as amended
regulations.
14A) for example, Act No. 166/1993 Coll. on the Supreme Audit Office, in
as amended.
section 37, paragraph 15). 2 Act No. 500/2004 Coll., the administrative procedure code.
15A) Act No. 141/1961 Coll., on criminal court proceedings (code of criminal procedure), in
as amended.
15B), for example, Act No. 337/1992 Coll., on administration of taxes and fees, in the
as amended, Act No. 106/1999 Coll., on free access
to information, as amended.
16) Commission Regulation No 1564/2005.
