496/2012 Sb.



LAW



of 26 March. October 2012



about audiovisual and cinema promotion and amending certain

laws (the law on audiovisual)



Parliament has passed the following Act of the United States:



PART THE FIRST



AUDIOVISION



TITLE I OF THE



INTRODUCTORY PROVISIONS



§ 1



The subject of the edit



(1) this Act regulates the



and production and) the obligations of making cinematographic and other

audiovisual works,



(b) the status and activity of the) national film archive and



(c) the status and activity of the State) of the Fund of cinematography, its financing,

providing support to projects in the field of cinematography (hereinafter referred to as

"promoting cinema") and providing incentives and film industry

(hereinafter referred to as "the film incentives").



(2) this Act does not apply to audiovisual works which are not

intended to make available to the public for a fee.



§ 2



Basic concepts



(1) for the purposes of this Act, means the



cinematographic performances) making an audiovisual work ^ 1)

the public, in the cinema or in a similar way,



(b) cinematographic work audiovisual work), intended to make the

the public through the cinematographic performances; for

cinematographic work shall not be considered audiovisual work having the nature of

ads ^ 2)



(c)) by the manufacturer, the person who is the holder or one of the holders permission

to the exercise of the right to enjoy ^ 3) audiovisual work, including copyright works and

artistic performances in the audiovisually used, and while it

rights of the manufacturer of the sound image ^ 4) to record a video

of a work or a share of those rights,



d) co-produced by each of the manufacturers, if more producers of the same

audiovisual work,



e Czech audiovisual work), audiovisual work,



1. the production of which the producer or coproducer, who has a place

of business, the place of residence or registered office in the territory of the Czech Republic,

He contributed to the extent of at least 20% of total production costs, financing

or



2. the production of which co-producer with its place of business, place of residence

residence or headquarters on the territory of the United States was involved in conjunction with

co-produced by, who has no place of business, place of residence or

registered office on the territory of the Czech Republic, and the audiovisual work suits

the terms of the European Convention on cinematographic co-production (hereinafter referred to as "the Convention") ^ 5)

or any other international treaty on film co-production, the Czech

Republic (hereinafter referred to as "the international film co-production agreement"),

regardless of how to finance its costs of production,



(f) the cinematographic work of Czech) performed by Czech audio-visual work, which is

also cinematographic work,



g) distributor of the person who, in his business and in the scope of approval

from the rights holders for the use of audiovisual works and his record



1. produce or have produced his copy for the purposes of their

distribution, rental or lending of ^ 6) and made a copy of a

further expands, hires or rents in the Czech Republic,



2. provides to third parties permission to use audiovisual works in the

cinematographic performances in the Czech Republic, through the

on-demand audiovisual media services ^ 7) or tv

^ 8) broadcasting, and for this purpose the licensee permission generally provides

also record an audiovisual work



(h) the organizer of cinematic performances) person on your

costs and under his responsibility, organized by the cinematographic performances.



(2) if the activity is carried out pursuant to paragraph 1. (g)) the manufacturer or one of the

co-producers Czech audiovisual work shall be deemed for the purposes of the performance of

obligations under this Act for the Distributor.



TITLE II



OBLIGATIONS IN THE PRODUCTION OF AUDIOVISUAL WORKS AND THEIR DISCLOSURE

PUBLIC



§ 3



Subtitles for the hearing impaired



(1) the Subtitles for hearing impaired: means of image captured and

Optional adjustable text in any language, that is synchronized

the audio track of an audiovisual work and captures, or

approaches, speech and other sounds that are contained in the audiovisual

the work in a way that allows hearing-impaired persons in orientation

audiovisual work.



(2) the Distributor Czech audiovisual work must obtain his

copies distributed to the public in the territory of the United Kingdom subtitles

for the hearing impaired in accordance with paragraph 1 and mark the packaging of such

copies of the inscription "Subtitles for the hearing impaired".



§ 4



The classification of cinematographic works



(1) Each cinematographic work must be before its first disclosure

on the territory of the Czech Republic marked the classification in terms of the appropriateness of its

content for children and young people. The purpose of the classification is to limit the accessibility of

cinematographic works whose content could endanger the mental or moral

the development of children or adolescents.



(2) the Cinematographic work is in terms of the appropriateness of its content for children

and adolescents classified as



and accessible without restriction)



b) unsuitable for children under 12 years of age,



c) inaccessible to children under 15 years of age, or



d) inaccessible to children and young people under 18 years of age.



§ 5



Obligations upon the classification of cinematographic works



(1) the producer or coproducer with a place of business, the place of permanent residence

or established in the territory of the Czech Republic is obliged to classify the United

cinematographic work and notify the classification made its

Distributor.



(2) the Distributor is obliged to classify other than Czech Cinema

the work that is distributed on the territory of the Czech Republic.



(3) the Distributor is obliged to notify the classification carried out by

paragraphs 1 and 2 to each organiser of a cinematographic performances,

provider of on-demand audiovisual media services ^ 9) and

other persons, which provides for the territory of the United States permission to

use of a work.



(4) the Distributor pursuant to § 2 (2). 1 (b). g) point 1 shall be obliged to indicate the

packaging of copies of cinematographic works by marking its classification.

If such a copy more of cinematographic works, the

for the designation of such copies of cinematographic works with classification

the highest accessibility restrictions pursuant to § 4 paragraph 2. 2.



(5) the organiser of a cinematographic performances is required to ensure

the publication of the classification of cinematographic works communicated by a distributor in

the notification of the cinematographic performances. When

the venue's cinematographic performances is the organiser must provide

the exclusion of the participation of the people, subject to any restrictions

accessibility of the work pursuant to section 4, paragraph 4. 2 (a). c) or (d)).



(6) a person who sells, rents or lends ^ 10) ^ 11) copies of

cinematographic works identified classifications pursuant to section 4, paragraph 4. 2 (a). (c))

or (d)), it is not allowed to sell, rent or lend to the person to whom the

According to the classification made by restricting its accessibility.



(7) the Distributor's cinematographic works classified according to § 4, paragraph 4.

2 (a). c) or (d)) is required to ensure that audiovisual teaser trailer

or other forms of advertising related to it distributed

trying to contain the designation of the part classification for such

cinematographic work.



(8) the organiser of a cinematographic performances not before you start,

during and immediately after the end of the release to the public

video trailers pursuant to paragraph 7 marked the stricter degree of

classification has a cinematographic work, which is the main program

a cinematographic performances.



§ 6



Invitations to the obligation to



(1) the manufacturer of the Czech's cinematographic works or his co-producer is

registered office, place of residence or place of business in the Czech Republic

shall, within 60 days from the date of publication of such works offer in writing

the draft Treaty to the national film archive 2 undamaged copies of the

This works in the quality of the reproductions intended for cinematographic

the show, a copy of the literary stories and promotional materials to this

part.



(2) if the cinematographic performances of the work used

more technologically different kinds of copy thereof, must be all

these species appear in the written offer under paragraph 1. The choice of the type of

copies of the national film archive conversion proposal

in accordance with paragraph 4, shall be the national film archive.



(3) in the case of the national film archive shows interest, the manufacturer

or co-producer in accordance with paragraph 1 shall offer to further National

the film archives of the draft treaty with the undamaged copy of the Czech

cinematographic works in quality suitable for the production of copies of

intended to make available to the public through

cinematographic performances; the provisions of paragraph 2 shall apply mutatis mutandis.



(4) the time limit for the adoption of the proposal on the conclusion of the contract referred to in paragraph 1 shall be

6 months from the date of receipt of the proposal.



(5) after the conclusion of the contract referred to in paragraph 4 is not a producer or co-producer

referred to in paragraph 1 shall transmit to the national film archive

a copy of the Czech film works, which have been the subject of

of the Treaty and which have a look digital form before

on the expiry of 12 months from the date of publication of the Czech film works.

However, if before the expiry of that period the national film archives shall transmit to the


reproduction in digital form, is not obliged to them before

This deadline to provide the access codes.



(6) the producer or co-producer in accordance with paragraph 1, that is at the same time

beneficiary of the aid of cinema from the State Fund of cinematography

intended for the production of Czech film works according to § 31 para. 1

(a). (b)), shall, within 60 days from the date of publication of this work or to

12 months from the date of publication of the work, with respect to its copy of the

in digital form, do so in writing to the national film archive menu

in the form of a draft Treaty in respect of the transfer of ownership in favour of the

The United States one intact reproduction of such works in the quality

copies intended for cinematic presentation, a copy of the literary

scenarios and promotional material to the part. Invitations to the obligation under

paragraph 1, in this case, only one copy of the

the Czech's cinematographic works. At the moment of acceptance of the offer of things with these

things become the property of the United States, with which it is competent to manage

The national film archive ^ 12).



(7) the transfer of ownership of copies of cinematographic works to Czech

and other materials in accordance with paragraphs 1 to 6 shall vest in the national film

archive the relevant Czech law cinematographic works and other materials

However taken, unless this gets permission from the holders of rights

Copyright and rights related to copyright.



(8) national film archive is obliged to immediately report in writing

the competent regional authority of the person about whom he learns that the breach

the obligation under paragraph 1, 3 or 6. The notification must indicate

that person, when and how an broke.



§ 7



The obligation of notification to the register of cinematographic works



(1) the Producer of a cinematographic work or co-producer is established,

place of residence or place of business in the territory of the Czech Republic

This work is required to notify the national film archive, always

not later than 31 December 2006. January following the calendar year in which

the course was opened to the public in the Czech Republic.



(2) the Distributor is obliged to notify the national film archive of each

cinematographic work which has been made available in its distribution

the public in the Czech Republic through the cinematographic

performances by 31. January following the calendar year,

in the course of which it is made available to the public in the Czech Republic.



(3) the notification referred to in paragraphs 1 and 2 shall contain the



and the name of the cinematographic works) and in the case of another than Czech

cinematographic works of his name in the original language version of the name,

under which the cinematographic work is made available to the public in the Czech

Republic, if different from the name in the original language version



(b)) the name or names, and surname of the author or authors

cinematographic works and authors of major works by an audio-visual presentation

used ^ 13), if known, and if the author has expressed the will to publish

work without giving the names of ^ 14); If the author has shown the will be marked

the alias, instead of his first and last names given the pseudonym,



(c)) the name or names, and last names or pseudonyms instead

performers in major acting roles, if known, and if the

performer has expressed the will to expose artistic performance without giving any

the name ^ 14)



(d)) in the case of cinematographic works of the Czech company, name, or

the name or names, first and last name, registered office, address, place of business or

the place of permanent residence of the manufacturer or of all the co-producers established, place

permanent residence or place of business in the territory of the Czech Republic,



(e) making an audiovisual work) the year public,



(f) cinematographic works) the classification referred to in paragraph 4,



g) an indication of the original language version of cinematographic works,



h) length in metres of cinematographic works, with digital work length

its duration in minutes,



I) in the case of the Czech's cinematographic works produced with the participation of

foreign co-producers in percentage share of co-producer expressed

or together all the co-producers established, place of residence or

place of business in the territory of the United Kingdom on the financing of the costs of

the production of Czech film works and expressed as a percentage share of the

co-producer or together all the co-producers of the registered office or place of

business in the territory of any other Member State on the financing of the costs of

the production of Czech cinematographic works; the following particulars shall appear only in

When the co-producer or one of the co-producers established, place

permanent residence or place of business in the territory of the United States received

support of cinema from the State Fund of cinematography to

the production of Czech cinematographic works according to § 31 para. 1 (b). (b)), and



j) data on all kinds of copies of cinematographic works

used for cinematographic performances in the Czech Republic and data

about the format of video and audio copies of such species.



(4) the obligation referred to in paragraph 2 shall not apply to cinematographic works,

that is in the calendar year in the Czech Republic made available

public at not more than 10 of cinematographic productions.



(5) the Ministry of culture (hereinafter referred to as "the Ministry") exposes a way

allowing remote access pattern of the notification form for the purposes of

compliance with the obligations referred to in paragraphs 1 and 2.



(6) in the absence of a notification under paragraphs 1 and 2 of the full information referred to in

paragraph 3, it shall invite the national film archive required a person to notice

supplement within 15 days from the date of receipt of the request. If person a notification required

to complete within 15 days from the date of receipt of the request, the obligation under

paragraphs 1 and 2 of the requirement.



(7) national film archive is obliged to immediately report in writing

the competent regional authority of the person about whom he learns that the breach

the obligation under paragraph 1 or 2. The notification must indicate that

person when and how an broke.



TITLE III



NATIONAL FILM ARCHIVE



§ 8



(1) national film archive ("Archive") based in Prague,

set up by the Ministry as an organization ^ 15), it is

specialized archive ^ 16) for audiovisual records. His

the Mission of building, protection, restoration, scientific processing,

disclosure and use of the national film heritage,

audiovisual archival materials, including the collections of the contemporary documentation, collections

written records of the literature and collections of the library, Archives, collaboration

with Czech and foreign film and cultural institutions in the

the formation and dissemination of film culture including spreading through new

technology, research and pedagogical cooperation with medium and higher

colleges and universities focus of film of the film

the focus and the issue of professional literature.



(2) the national film heritage means audiovisual works and their

material capture, especially the original negatives, breeding and

Security materials, reproducing a copy and duplicate negatives and

other audiovisual archival documents related to their formation,

distribution and disclosure to the public, which document the history of the

cinema, culture and society, which are the property of the United

Republic and it is for them to manage the archive ^ 12), as well as the rights

the manufacturer of the sound images that the archive information under the

another law ^ 17), and the rights to objects of intellectual

ownership or use of the Archives for the Czech Republic contracted

acquired and exercised by him.



(3) the Archive provides records of audiovisual works, to which a permission

make the work public, for educational purposes to medium and higher

vocational schools film focus ^ 18), high schools movie

the focus of ^ 19) and the civic association ^ 20) or generally beneficial

companies ^ 21) organising cinematographic performances, gets to

This Archive or the lead, permission from the rights holders. Archive

is entitled to claim a refund only in this connection effectively

the costs incurred. If the Archive requires such compensation, the person

that granting a requested record an audiovisual work shall it

pay.



(4) the use of visual recordings of Czech audio-visual works

produced by the State in the period from 28. August 1945 to 31. December 1991,

which at the date of entry into force of this Act has expired or after the date of

the effectiveness of this law, the duration of the rights of the manufacturer of the sound

the image of the record, it is possible only on the basis of their original

carriers, if they are the property of the State with jurisdiction over the management of

Archive, or with the written consent of the archive. The rights of the authors of the audiovisual

of a work or works by an audio-visual presentation used are not affected. The archive is

obliged to act in the provision of original carriers interested in the use of

audiovisual works, so as to avoid a legal impediment to their

the provision of other interested parties, the opposite arrangement is a candidate for the provision of

media is invalid.



(5) the Archive may not transfer ownership rights in cinema

heritage and its parts or encumber the rights of third parties, with the exception of


the distribution of copies of audiovisual works or audiovisual records

made the archives on the order of third parties for their purposes, and

the exception of copies of publications or records produced for Archive

the purpose of their release ^ 22).



(6) the legal acts in contravention of paragraph 5 are invalid.



(7) the Archive shall be obliged to provide for a level playing field to interested parties a license to

the use of sound-image of Czech audio-visual works in the range of

rights due to him under any other law or by contract with

rights-holders, and transcriptions of audiovisual works or parts thereof or

the documentation material along with the consent to their use by

paragraph 5, unless the candidate intended method of use contrary to the

morality or law, or are used to support or

promotion of the infringement. Revenue from repairs contracts pursuant to this

paragraph is used to finance the activities of the archive.



(8) the Archive keeps records of audiovisual works on the basis of the information referred to in section 7 of the

and exposes it to the public in a manner allowing remote access.



TITLE IV



STATE FUND OF CINEMATOGRAPHY AND THE GRANTING OF AID OF CINEMATOGRAPHY



Part 1



State Fund of cinematography



Section 1



The position of the State Fund of cinematography



§ 9



(1) there is hereby established a State Fund of cinematography (hereinafter referred to as "the Fund") is established in

Prague.



(2) the Fund is a fund ^ 23) that is competent to manage

the property of the United States.



(3) the details of the activities, the internal organization, management of the Fund and

the granting of aid of cinematography and providing film incentives

determine the status of the Fund. The Fund also adjusts details in matters of

where required by this Act. Design of the Fund, the Council shall submit to the Fund

(hereinafter referred to as "the Council") to the Minister of culture (hereinafter referred to as "the Minister"). The Council shall include in the

the design of the Fund provisions relating to film incentives, that her

was submitted to the Director of the Fund. The Statute of the Fund approved by the Government on a proposal from

the Minister.



(4) the Fund belongs to the competence of the Ministry. The Ministry is the parent

the administration of the Fund.



(5) the Ministry shall submit to the Government draft budget to the Fund by March 31.

of August. The Government shall submit the draft budget to the Fund after any changes,

that it performs, the Chamber of Deputies for approval along with the design

the State budget.



(6) if the Chamber of Deputies approved the budget of the Fund for the relevant

the financial year prior to the first day of the financial year, the budget

the management of the Fund at the time from the first day of the financial year until

approval of the budget for this financial year, the volume of revenue and expenditure

The Fund approved for the previous financial year.



(7) the Fund shall keep accounts pursuant to other legislation ^ 24). After

the end of the financial year, the Fund shall draw up the draft annual accounts and

annual report on the activities of the Fund and submits to it through the Minister of

for discussion of the Government and the Chamber of Deputies for approval within 3 months after

the end of the financial year. The annual accounts of the Fund shall be

its presentation to the Chamber of Deputies, verified by an auditor.



Section 2



Activities Of The Fund



§ 10



The tasks and activities of the Fund



(1) the Fund, in particular,



and management of audiovisual) performs the fees, charge from the broadcast

ads ^ 25) and administrative fees under this Act,



(b)) keeps records of in the field of audiovisual media,



(c)) provides support for the cinema,



(d)) shall exercise copyright and property rights of

artists, that's going to the State under another law ^ 26),



e) exercises the rights of producers of audiovisual works, to the legal

the forerunner has entered under another law ^ 27), and the rights of the producer

sound-image, by him, according to another legal

prescription ^ 17),



(f)) allocates co-production status under the Convention or any other international

the contract of film co-production,



g) provides the film incentives



h) carries out the activities provided for in other legislation ^ 28).



(2) the Fund exposes its approved annual report in a manner allowing

remote access.



Section 3



Bodies Of The Fund



§ 11



Bodies of the Fund and the obligation of secrecy



(1) the authorities of the Fund are the Director of the Fund, the Council and the Supervisory Committee (hereinafter referred to as

"The Committee").



(2) the members of the Council, the Committee and the staff of the Fund are required to maintain the

confidentiality of the facts, which are in connection with his activities in the

The Fund learned.



(3) the tasks associated with organizational and technical security activity

The Fund holds the Office of the Fund.



(4) the costs associated with running the Fund's Office and staff costs

The Fund shall be financed from the grant provided by the Ministry.



§ 12



Director Of The Fund



(1) the Director of the Fund appointed and recalled by the Minister.



(2) the Director of the Fund is at the head of the Fund, is the statutory body of the Fund and

his employee. Director of the Fund is responsible for the management of resources

The Fund.



(3) the Director of the Fund, in particular,



and decision of the Council) on cinema promotion,



(b)) checks the final financial statement of support of cinema,



c) decide on the film incentives,



d) issued the decision granting the co-production statute according to § 53,



e) is examining the findings and suspicion of the Committee that the resources constituting the

support of cinema have been used contrary to the purpose laid down in

decision on cinema promotion or wasteful our behaviour, and informs you about the

their findings to the Council and the



f) decides on matters which are not reserved to another body of the Fund.



section 13 of the



The Council of the



(1) the Council



and the concept of and strategy) provides for aid to cinema



(b)) provides for and subsequently exposes the project evaluation criteria on

the basis of the policy of support of filmmaking,



(c)) shall decide on the form of cinema, supporting projects and its

level, taking into account the expert analysis, and



(d)) performs other activities assigned to it by this Act, or the Statute of the

The Fund.



(2) the Council shall participate in the deliberations, if at least 5

members. The Council shall decide by a majority vote, unless otherwise specified. When

tie the repeats the most twice, if not then

unless decided otherwise, the proposal was not accepted.



(3) a Board member is excluded from decision making on cinema promotion in

cases under the code of administrative procedure and in the event that the

decision making personal interest could rise to personal advantage, and it

directly or through the person's loved ones. For the purposes of assessing

a quorum of the Council in such a decision, it is considered that the

the excluded Member of the Council meetings.



§ 14



Composition and meetings of the Council



(1) the Council has 9 members.



(2) the members of the Council are elected and dismissed the Chamber of Deputies on

the proposal of the Minister from the ranks of respected and experienced personalities in the field of

cinema he designed civil associations, generally

the benefits that companies and interest associations of legal entities

active in the field of cinema, the middle and higher vocational

schools and universities focus of film of the film focus (

"professional organization"), with the exception of copyright collecting societies

rights or rights related to copyright.



(3) the term of Office of members of the Council is 3 years. Each year, the Chamber of

Deputies voted by one third of the members of the Council. Re-election is possible.

Until the election of a new Member of the Council extending the term of Office of

the original member of the Council, but no longer than 12 months.



(4) the Council, at its next meeting after the election of a third of the members referred to in paragraph

3 shall elect from among its members a Chairman and a Vice-Chairman. The President shall direct the activities of the

Of the Council and shall be convened by its actions. In his absence, it represents

the Vice-President of the Council.



(5) the membership of the Council is a public function and the performance of this function is an obstacle

from work due to general interest ^ 29).



(6) a member of the Council for the performance of its function belongs to a reward in the amount of the

on a proposal from the Minister of the Government resolution. Member of the Council belongs to the replacement

travel expenses related to the performance of its functions in the same

as employees, arguing that for the regular workplace for the purposes of

travel expenses is considered the place of his stay.



(7) a member of the Council is obliged to the Council minutes in which to speak in

the debate, or is entitled to submit a proposal to the vote, announce their ratio

to the present case, if taking into account the outcome of the consideration of the case would

He'd have a personal benefit or the injury or if a different

personal interest. Notification shall be given by the competent Member of the Council orally in the course of

the negotiations, however, at the latest, before the authority shall proceed to the vote;

the notification is always part of the record of the meeting.



(8) details of the deliberations of the Council shall lay down the Statute of the Fund.



§ 15



Prerequisites for membership of the Council



(1) a member of the Council may be a natural person who is



and having the capacity to perform legal acts),



b) integrity; for integrity is not the one who was lawfully

convicted for an intentional criminal offence, if he does not look as if the

has not been convicted.



(2) The Council shall not hold a function in political parties or

political movements, nor in their favour to operate in the context

with the power of a member of the Council.



(3) the membership of the Council is incompatible with the function of President of the Republic,

a Deputy, Senator, Member of the Government or his Deputy, the head of the

the central body of State administration or his Deputy, the President of the


The Supreme Audit institution or a member of his college, Member of the Council of the Czech

Telecommunications Office, Member of the Bank Board of the Czech National Bank, a member of the

The Council for radio and television broadcasting and a member of the Board of the Czech television.



(4) the membership of the Council is incompatible with the basic employment

relationship to the Fund.



section 16 of the



Termination of membership in the Council of



(1) membership in the Council shall cease



and the date of expiry of term of Office)



(b) the date of receipt in writing by) the waiver of a member of the Council of

the President of the Chamber of Deputies,



(c)), the date on which a member of the Council delivered a decision on removal from Office,



(d)) the date of application of the judgment, which was deprived of Council Member

competence to perform legal acts,



(e)) the date of application of the judgment, which was a member of the Board

an intentional criminal act, or



f) date on which the Member of the Council received a function under section 15 para. 2 or 3 or

basic employment relationship was established with the Fund.



(2) the Chamber of Deputies revokes the Member of the Council on a proposal from the Minister from Office,

If



and no longer meets the conditions for) the performance of functions,



(b)) has committed acts that threaten confidence in its independence or

impartiality in the performance of functions,



c) seriously undermine the dignity of the functions performed,



(d)), he worked in favor of political parties or political movements in

connection with the performance of a Council Member, or function



(e)) has not appeared for more than 6 months Board meeting.



(3) A member of the Council, whose membership has been terminated before the expiry of the term of Office

term, a new Member may be elected only at a time that remained until the end of

the term of a member of the Council, whose membership has been terminated.



§ 17



The Committee of the



(1) the Committee



and supervises) whether the resources that make up the support of cinema have been

used in accordance with the purpose, which is indicated in the decision granting

support,



(b)) in the event that the resources constituting the support of cinema

have been used neúčelně or wasteful our behaviour, or in the case of a suspected

respect to the use of those funds, shall immediately transmit its findings or

suspect along with the supporting documents in its possession, the Director of the Fund to the

the examination,



(c)) shall exercise supervision of the fulfilment of the other tasks and activities of the Fund in accordance with

This Act in the preceding calendar year, and



(d)) shall carry out other tasks established by this Act.



(2) the members of the Committee are entitled to consult all documents and records

The Fund held by the Fund relating to the use of resources that make up the

financial support for cinema Cinema after the recipient of the aid

completion of the project, whose implementation has been granted, and without

This would affect the rights under other legislation ^ 30).



section 18



Composition and decision-making process of the Committee



(1) the Committee has nine members.



(2) the members of the Committee shall be appointed and dismissed by the Minister from among the representatives of

individual taxpayers fees from broadcast commercials and administrative

of fees under this Act, and on the proposal for such taxpayers.



(3) the term of Office of members of the Committee shall be three years. Each year, the Minister

one third of the members of the Committee be appointed. Re-appointment is possible.



(4) the Committee shall elect from among its members a Chairman and a Vice-Chairman each year.



(5) the President shall direct the Committee's activities and convenes its meetings. In the case of his

the absence of it represents the Vice-Chairman of the Committee.



(6) a member of the Committee, does not belong in the performance of his duties.



(7) the Committee is quorate, if his actions will attend at least 5

members. The Committee shall be decided by majority vote, unless otherwise specified. When

tie the repeats the most twice, if not then

unless the proposal is considered to be missed.



(8) The Committee is obliged to meetings of the Committee, which will perform in

the debate, or is entitled to submit a proposal to the vote, announce their ratio

to the present case, if taking into account the outcome of the consideration of the case would

He'd have a personal benefit or the injury or if a different

personal interest. Notification shall be given by the competent Committee member orally within the

the negotiations, however, at the latest, before the authority shall proceed to the vote;

the notification is always part of the record of the meeting.



(9) the details of the deliberations of the Committee shall determine the rules of the Fund.



§ 19



Prerequisites for membership of the Committee



(1) a member of the Committee may be a natural person who is



and having the capacity to perform legal acts),



b) integrity; for integrity is not the one who was lawfully

convicted for an intentional criminal offence, if he does not look as if the

has not been convicted.



(2) a Committee member may not hold functions in political parties or

political movements, nor in their favour to operate in the context

with the power of a member of the Committee.



(3) the membership of the Committee is incompatible with the function of President of the Republic,

a Deputy, Senator, Member of the Government or his Deputy, the head of the

the central body of State administration or his Deputy, the President of the

The Supreme Audit institution or a member of his college, Member of the Council of the Czech

Telecommunications Office, Member of the Bank Board of the Czech National Bank, a member of the

The Council for radio and television broadcasting and a member of the Board of the Czech television.



(4) the membership of the Committee is incompatible with the basic employment

relationship to the Fund.



section 20



The demise of the membership of the Committee



(1) the membership of the Committee shall cease to exist



and the date of expiry of term of Office)



(b) the date of receipt in writing by) the waiver of a member of the Committee

the Minister,



(c)), the date on which the Member of the Committee delivered a decision on removal from Office,



(d)) the date of application of the judgment, which was a member of the Committee stripped

competence to perform legal acts,



(e)) the date of application of the judgment, in which the Committee member sentenced for

an intentional criminal act,



f) date on which the Committee received the feature according to § 19 para. 2 or 3 or

He originated the basic employment relationship to the Fund, or



g) date on which the taxpayer has been extinguished, that Member of the Committee suggested.



(2) the Minister shall withdraw the Member of the Committee from the function if



and no longer meets the conditions for) the performance of functions,



(b)) has committed acts that threaten confidence in its independence or

impartiality in the performance of functions,



c) seriously undermine the dignity of the functions performed,



(d)), he worked in favor of political parties or political movements in

connection with the performance of a member of the Committee, or



(e)) has not appeared for more than 6 months, the proceedings of the Committee.



(3) A member of the Committee, whose membership has been terminated before the expiry of the term of Office

term, a new Member may be elected only at a time that he has left to the

end of the term.



Section 4



Experts and expert analysis



section 21



The appointment of the experts and the prerequisites for the exercise of functions



(1) the Office shall invite the professional bodies of the Fund, to propose for each

the Organization of content and economic experts for each individual grant

the circuit according to § 31.



(2) an expert may be a natural person who



and) is eligible to perform legal acts,



(b)) is impeccable; for integrity is not the one who was lawfully

convicted for an intentional criminal offence, if he does not look as if the

has not been convicted,



(c)) is a respected and experienced personalities in the field of cinema and



(d)) has not been revoked in the past 3 years of appointments.



(3) the function of an expert is incompatible with that of Member of the Council of the Czech

Telecommunications Office, Member of the Council for radio and television broadcasting

and member of the Council of the Czech television.



(4) the function of an expert is incompatible with the employment relationship to the Fund.



(5) the Minister, on the basis of the proposals referred to in paragraph 1 and on the recommendation of the Council

called content and economic experts.



(6) an Expert is an official person in the administrative code ^ 31).



section 22



The activities of the expert and the demise of the function



(1) the Office of experts creates a public list from

the Director of the Fund, or the authorized employee of the Fund for the

the presence of at least two members of the Council appointed by the Council to do so, by lot

Select experts who will create the expert analysis. This list is

accessible manner allowing remote access. Details on the procedure and

the way the draw and publish its result determine the status

The Fund.



(2) the function of an expert shall cease



and the date of receipt in writing by) resignation to the Minister, expert



(b)), the date on which an expert from the delivered a decision on removal from Office,



(c)) date of application of the judgment, which was deprived of expert

competence to perform legal acts,



(d)) the date of application of the judgment, which was an expert convicted for

an intentional criminal act, or



e) date on which the expert has acquired the function pursuant to § 21 para. 3 or he was

the employment relationship with the Fund.



(3) the Minister shall withdraw the expert on the Council's proposal, if the



and no longer meets the conditions for) the performance of functions,



(b)) has committed acts that threaten confidence in its independence or

impartiality in the performance of functions,



c) seriously undermine the dignity of the functions performed,



(d)), he worked in favor of political parties or political movements in

connection with the performance of the function, or expert



(e) properly fulfil its) repeatedly obligations under this Act, other

legislation or the Statute of the Fund.



(4) If an expert function ceased to exist or if the expert is revoked,

the Office shall withdraw the Fund expert from the list referred to in paragraph 1.



Article 23 of the



Expert analysis



(1) the purpose of expert analysis is to create a qualified basis for

professional assessment of content and economic project support


is the subject of a request for support for the cinema. Expert analysis is used

as a basis for the Council decision.



(2) the Office of the Fund ensures each of the applications for support of cinema

one content, and one economic expert analysis. The Council may

request further expert analysis.



(3) the details of content and economic expert analysis and the maximum amount of

the remuneration of the expert shall determine the rules of the Fund.



Part 2



Resources and expenditure of the Fund



section 24



Resources and expenditure of the Fund



(1) the financial resources of the Fund shall be, in particular,



and a fee of ads broadcast) ^ 25),



b) audiovisual charges



(c)) management fees under this Act,



(d) income from shares) agreed in the profits of the Fund supported projects,



e) revenue from the management of the property of the United States, to which the Fund

the farm,



f) interest on the resources of the Fund deposited in a Bank,



g) income from participating interests the United States on business legal

people in the film industry,



h) revenue from public collections and the Lotteries organised in favour of the Fund and the

support of cinema,



I) income from exploitation of cinematographic works if the Fund

converted,



j) income for the use of cinematographic works, for which the Fund shall exercise the

the copyright of the manufacturer which passed to it on the basis of other legal

Regulation, and in respect of which the Fund considered the manufacturer ^ 17),



k) income from securities acquired by the Fund from other people,



l) gifts, legacies, and links for the Fund,



m) charges for violation of budgetary discipline ^ 32) including the finance charge memos



n) subsidies from the State budget,



o) subsidies from the State budget assigned for film incentives and



p) additional resources provided for in other legislation ^ 33).



(2) the financial resources of the Fund Balance at the end of the calendar year remains

Fund and transferred to the next calendar year; balance resources

The Fund referred to in paragraph 1 (b). n) and o) can be used in the following years

only for the purpose for which the subsidy is granted, and in accordance with paragraph

3.



(3) the financial resources of the Fund referred to in paragraph 1 (b). a) to n) and

paragraph 1 (b). p) are to be paid to providing support of cinema by

circuits according to § 31 and other expenditure, including expenditure under section 11 (1) 4,

If you are not covered by the State budget. From the financial resources of the Fund

referred to in paragraph 1 (b). on the provision of paid movie) incentives.



Part 3



Video fees



§ 25



The definition of audiovisual charges



Audio/video fees are:



and the fee of the cinematographic performances),



(b) the provision of charge) audiovisual media services on demand

and



c) fee from taken over television broadcasting.



section 26



Fee of the cinematographic performances



(1) the fee Payer of cinematographic performances is the organizer of the

a cinematographic performances.



(2) subject to the fee of the cinematographic performances is the price

the entrance fee for the making of the cinematographic work to the public. Buy

for the purposes of this Act, a monetary amount that the participant of the action

will pay for it, she can participate.



(3) the basis for the fee of a cinematographic performances is the price

admission without charge from the cinematographic performances, which is

paid for making the cinematographic public. The payer

charge from a cinematographic performances will include a charge of

a cinematographic performances in the price of admission.



(4) the rate of the charge from the cinematographic performances is 1%.



(5) the period set of charges is a calendar quarter.



(6) the payer a charge from a cinematographic performances is required to keep

Register for purposes of the fee, which includes all the information relating to the

fees, in particular



and date of holding of the cinematographic performances),



(b) the amount of the admission fee for the selected) for hosting the cinematographic performances,



(c) the number of organization of cinematographic performances).



section 27 of the



Fee from the provision of on-demand audiovisual media services



(1) the fee Payer from the provision of audiovisual media services on the

request is a provider of on-demand audiovisual media services ^ 7).



(2) subject to the provision of audiovisual media services

on-demand is the price that the end user is paid to the provider

on-demand audiovisual media services.



(3) the basis of the fee from the provision of audiovisual media services

price on request without charge from the provision of audiovisual

on-demand media services, which is paid to the end user

the providers of audiovisual media services on demand for

a single supply of services, which includes the making available to the

cinematographic works or for other than a one-off disclosure

the work provided by the on-demand audiovisual media services, irrespective

their technological nature, including all forms of

the subscription service is included, making at least one

cinematographic works. The payer of the charge of providing audiovisual

on-demand media services include fee from the provision of

on-demand audiovisual media services in the price, which is

the end user paid for these services.



(4) the rate of the fee from the provision of audiovisual media services on the

demand amounts to 0.5%.



(5) set of charges period is the calendar year.



(6) the payer of the fee from the provision of audiovisual media services on the

request is obliged to keep a register for the purposes of the fee, which includes

all data relating to the fees, in particular, the

the number of persons to whom it is granted on the audiovisual media service

demand, and the amount of the price paid by them for the provision of audiovisual

on-demand media services.



section 28



Fee of the taken over tv



(1) the fee Payer of taken over television broadcasting is the operator

taken over broadcast tv, which operates on the broadcast

the basis of the registration under another law ^ 34).



(2) the subject of the charge from the taken over tv is the price for

the provision taken over television broadcasting.



(3) the basis for the charge of taken over tv is the price without

charge from the incorporated television broadcast, which is paid to the payer

the fee for the provision taken over television broadcasting. The fee payer

from the tv broadcast will include the fee taken out of proportion to the

television broadcasting in the price received for the provision of television

the broadcast.



(4) the rate of the charge from the taken over tv is 1%.



(5) set of charges period is the calendar year.



(6) the fee Payer of taken over television is required to keep

Register for purposes of the fee, which includes all the information relating to the

fees, in particular information on the number of persons to whom it is granted

taken over television, and the amount of the price paid by them for the provision of

taken over television broadcasting.



section 29



Provisions common to the audiovisual charges



(1) to the base of the audiovisual fee does not include the value added tax

values.



(2) the basis of the audiovisual fee shall be rounded to the nearest Crown

up.



(3) audiovisual fee shall be calculated as the product of the base fee and

the rate of the fee.



(4) data, which are subject to the registration obligation, the payer is required to

keep until the closing date for the determination of the charge to which the

apply.



(5) the payer is obliged to submit the fee, audio-visual fee

a confession. The deadline for submission of the return of the fees cannot be extended.



(6) the form and structure of the fees award, including the prescribed information

the Fund shall be published in a manner allowing remote access.



(7) revenue from the audiovisual Fund and the income of the fee is the administrator of this

the fee is the Fund.



Part 4



Evidence in the area of audiovisual media



section 30



Evidence in the area of audiovisual media



(1) the Fund for the administration of records provided by the aid of cinema and

informing the public about aid provided cinematography



and the applicant's support of cinema),



b) aid applications of cinema and



(c)) the aid granted to cinema.



(2) the Evidence referred to in paragraph 1 shall be public information system

^ management 35). The registration shall be published in a manner allowing remote

access.



(3) the information referred to in paragraph 1 shall be kept for a period of time in the recording of the submission

requests for support of cinema until the expiration of 3 years from the legal force

the decision on the promotion of cinema.



(4) the record referred to in paragraph 1 is based on the pool of applications for

support of cinematography and of the decision on the promotion of cinema.



Part 5



Providing support for cinematography



Section 1



General provisions on cinema promotion



section 31



Grant funding provided circuits and limits



(1) Support of cinema from the Fund under section 32 is able to provide the

implementation of the projects of the circuits



and the development of Czech cinematic works),



(b) cinematographic works) the production of Czech,



(c) the distribution of cinematographic works),



(d)) the project in the technical development and modernization of the cinema,



(e) the promotion of Czech cinematic works),



(f)) in the field of publishing activity of cinema and activities in the area

film science,



(g)) conservation and making available national film heritage




h) education and education in the field of cinematography,



I) film festival and parade in the field of cinema, or



j) protect the rights to cinematography and their records.



(2) the Fund rules shall lay down the



and the amount of resources made available by the Fund), in particular an estimate of total expenditure

The Fund in all circuits of the subsidy referred to in paragraph 1 for the calendar year,

expenditure in each of the circuits for the calendar year, the expenditure in each

circuits of the following individual challenges pursuant to § 33 para. 1 and

the maximum amount of the grant for the project in either percentage or specific amount



(b)) cost, acceptability of the list of eligible costs referred to in

individual circuits or type of project and the positive and negative enumeration

of the eligible costs,



(c)) the mode of proof and the eligibility of costs.



§ 32



Form of the aid of cinematography



(1) the resources of the Fund to support the cinema is to be provided as a subsidy

or as a subsidy with profit.



(2) in the case of subsidies with profit funds provide as

irreversible with the fact that the contract is agreed upon, the special provisions on

the Fund's share in the profits from the project.



Section 2



Request for support of cinema



§ 33



Publication of the call for submission of applications for support of cinema



(1) the Office of the Fund, after discussion in the Council is announced at least four times

each year the call for submission of applications for aid of cinematography on the individual

provisioning circuits according to § 31 (hereinafter referred to as the "challenge").



(2) in the invitation shall indicate the beginning of the period for submission of applications for aid

The cinematography, the deadline for the submission of applications for support of cinema,

which may not be less than one month from the publication of the challenges, and enumeration

grant under section 31 of the headings to which the call relates.



(3) announcement of calls for more conditions determine the status of the Fund.



§ 34



Request for support of cinema



(1) an application for support of cinematography shall be submitted in electronic form

through the electronic application records in an accessible way

allowing remote access within the time limit pursuant to § 33 para. 2. the request for

support cinema by the applicant must be inserted in the electronic form

into the system of the Fund, held by the way allowing remote access ^ 36).



(2) when applying for the support of the cinema the applicant is obliged to

pay an administrative fee.



(3) an application for support of cinema contains both basic

requirements of the application according to the administrative code on



and) an indication characteristics and schedule of the project, for which support is

the applicant sought,



(b) the amount of the costs and expected) information on the project, the financial collateral



(c) details of any foreign) participation in the project,



(d)) by the applicant, the preferred form of aid to cinema and its amount;

If an applicant requires only a specific form of aid to cinema and

the amount of, specifically in the application



(e) consent to the publication of the application),



(f) the applicant's bank account number).



(4) the application for support of cinema are documents, which

the applicant shall certify the fulfilment of prerequisites pursuant to § 39 para. 1 (b). (b)) to (g)).



(5) the application for support of cinema the applicant attaches documents

applicable to its assessment that the subsidy for each circuit, according to section 31

determine the status of the Fund.



Section 3



Deciding on cinema promotion



§ 35



Deciding on cinema promotion



(1) the Council is not deciding on cinema promotion bound by the applicant

preferred modality for support of cinema, where the applicant

asked for only a specific form of aid, or

the amount of the aid.



(2) the Council, when assessing the applications for support of cinema considers with

taking into account the expert analysis of processed to the appropriate project,

in particular, the



and the quality of the project)



(b) the benefits of the project to the development) and the diversity of the Czech and the European

cinema,



c) cultural significance for the Czech Cinema project



(d) the economic viability of the project)



e) creative and technical involvement of young and beginning of movie

professionals,



(f) contribution to the project) economic viability and to strengthen

the independence and identity of Czech Cinematography,



g) artistic or documentary value processing ethnic richness

If the project focused on this theme, and



h) the previous work of the author or the manufacturer in the case of a project referred to in section 31

paragraph. 1 (b). a) or (b)).



(3) the decision on the promotion of cinematography shall, in addition to the General requirements

According to the administrative code include



and the form and amount of the aid), cinematography,



(b)), to which purpose is the promotion of cinematography is provided,



(c)) the conditions of use of the aid of cinematography,



(d)) the determination of the basic conditions for the negotiation of the share Fund on possible

the profits from the project, according to § 32 para. 2, in particular, the amount of the share Fund

any profit from the project,



(e) the time limit for the submission of documents) in accordance with section 40,



(f)) for the reporting of income under § 40 paragraph 2. 4 and



(g)) the deadline for completion of the project.



(4) to support the cinema is not a legal right.



(5) against the decision of the Council on the application of the support of the cinema, you cannot

appeal.



section 36



Amendment of decision on cinema promotion



(1) at the request of the beneficiary, which has been finally granted support

The cinematography, the Council may decide to amend the conditions laid down in

decision on cinema promotion because of changes in circumstances. When

decision making is bound by the proposal and justification for the request to change the terms and conditions

laid down in the decision on the promotion of cinema.



(2) changes in the circumstances referred to in paragraph 1 are factual changes that

have occurred in the course of preparation or implementation of the project and that he could not

the recipient with the usual care control. Such changes are

in particular, changes in the timetable of implementation of the project, in the general budget

project and shares of each of the co-producers.



(3) when applying for a change in the conditions laid down in the decision on the

cinema promotion, the applicant is required to pay an administrative fee.



(4) against the Council decision on the application for a change to the conditions laid down in

decision on cinema promotion cannot be appealed.



§ 37



Procedure and time limits in the assessment of applications for the support of the cinema



(1) the Office shall send a request for support of the Fund of cinematography, which complies with the

formal requirements pursuant to § 34, without undue delay, the selected

experts in order to develop expert analyses. After copy

expert analyses of the Office shall transmit without delay to the Council

request for support of cinematography and expert analysis. On the basis of

The Council shall evaluate the application for aid in accordance with § 35 paragraph cinematography. 2 and on the

their meeting will decide on the request for support of cinema.



(2) every application for the support of the cinema, the Council must decide

within 90 days from the end of the period for the submission of aid applications

cinema.



§ 38



The publication of the



(1) the Fund publishes in a way allowing remote access



and) request for support of cinema and a request for change to the terms

laid down in the decision on the promotion of cinema,



(b)), expert analysis and Protocol of the meeting of the Council on the application by the letter

and)



(c)) on cinema promotion, the decision of rejection of the application for aid

cinema, about the change of the conditions laid down in the decision on the promotion of

cinematography and rejecting an application for amendment of the conditions laid down in

the decision on the promotion of cinema.



(2) the publication shall be excluded



a) sensitive personal information ^ 37),



(b)) trade secrets,



(c) data on other persons) involved in the project before the recipient is

support,



d) works of copyright works attached to applications referred to in paragraph 1 (b).

and)



e) data, which it provides for other legislation.



(3) the time limits for the publication of the Statute of the Fund.



§ 39



Beneficiary of the aid of cinematography



(1) the beneficiary of the aid of cinematography shall meet the following requirements:



and logged in the register) is in the area of audiovisual media, pursuant to section 30,



(b)) is blameless; for integrity is not the one who was lawfully

convicted of a pecuniary or economic crime, if the

It does not look as if he has been convicted; in the case of a legal person, shall

This assumption also comply with the statutory authority or any member of the

statutory authority, and if it is a statutory body or a member of the

its statutory authority, the legal entity, must this assumption

also comply with the statutory authority or any member of the Board of

legal persons,



(c)) is not proceeding in which the insolvency proceedings are dealt with bankruptcy or threatened

the decline of the recipient in the last 3 years has not been decided about its bankruptcy,

rejecting the insolvency petition because its assets are not sufficient to

cover the costs of insolvency proceedings or bankruptcy because

to satisfy creditors, his property is totally inadequate, or

not against him introduced the receivership under other legislation,



(d)) is not in liquidation,



(e)) does not have arrears on premiums and on the penalty on public health

insurance, both in the Czech Republic, in the State of residence, the place of

business or residence,



(f) in the register) is not taxes on the financial administration of the United Kingdom authorities nor

authorities of the customs administration of the Czech Republic or in the register of taxes or similar

cash transactions to the competent authorities of the State in which it has its registered office, place of

business or residence, recorded arrears,




g) does not have arrears on premiums and on periodic penalty payments on social security and

contribution to the State employment policy, both in the Czech Republic,

so in the State of the registered office, place of business or residence, and



(h)) does not have outstanding obligations to the Fund.



(2) in order to demonstrate the integrity of the applicant's requests referred to in Pool

other legislation statement of the applicant's criminal records.

When the applicant is a legal person, the extract from the register Index

sentencing guidelines statutory authority or any member of the Board, and

If it is a statutory body or a member of its statutory authority

legal person, whether or not an extract from the criminal record

statutory authority or any member of the Board of

of the legal entity.



(3) when the applicant is a citizen of another State or a citizen of the United States,

in the last 3 years, has resided in another State for at least 6

months, joins in order to prove the integrity of the extract from the register of criminal penalties

or an equivalent document issued by a competent judicial or administrative authority in the

of this State or the State whence (hereinafter referred to as the "extract from the register

sentencing guidelines "). When the applicant is a legal entity, attaches to substantiate

integrity of the extract from the register of criminal penalties, statutory body or each

Member of the Board, and if its statutory authority or

a member of the statutory body of the legal person, also joins the statement of

Register of criminal records of the Board or any member of the

of an organ of the legal person.



(4) does not issue a State referred to in paragraph 3, extract from the register of criminal penalties,

a natural person shall submit to the affidavit of integrity made before

the notary or the authority of the State of which he is a citizen of, or before a notary or

authority of the State of the last stay. These documents must not be older than 3

months and may be replaced by proof of recognition of professional qualifications,

If such a document is the fulfilment of the conditions of integrity.



section 40



Common provisions on cinema promotion provided



(1) the Fund provided resources can be used solely for the purpose

laid down in the decision on the promotion of cinema.



(2) the beneficiary of the aid of cinematography shall within the period specified in the

the decision on the promotion of cinema to present to control Fund

the final financial statement of funding.



(3) the recipient of resources of the Fund in the amount of over 3 0000 0000 € is required to

submit to the Fund, together with a breakdown of the auditor's report in accordance with paragraph 2 of

verification of the costs incurred. The auditor's report refers to the entire project

including the co-producers of the project.



(4) the beneficiary of the aid of cinema in the form of grants with profit

from the project is obliged to submit a report on the income of the Fund by 31 December each year.

March of the preceding calendar year, until the time specified in the

the decision on the promotion of cinema.



§ 41



Provisions common to administrative fees



(1) the administrative fees under this Act are income to the Fund.



(2) the administrative fees under this Act shall be paid into the account of the Fund.

Administrative fees cannot be paid kolkovými marks.



Part 6



Provision of film incentives



Section 1



General provisions on film incentives



§ 42



Conditions for granting of film incentives and definition of terms



(1) the Film incentive can be provided on the implementation of the audiovisual work,



and) which is at least partially implemented in the Czech Republic,



(b)) that is



1. live or animated film intended for distribution in cinemas, whose

the length shall be at least 70 minutes



2. documentary intended for distribution in cinemas and for broadcasting

on television, whose length shall be at least 70 minutes



3. live or animated film intended for broadcast on television, which

the length shall be at least 70 minutes



4. the episodic work of fiction or animated television series whose

length is a minimum of 40 minutes, or series of such occasional parts,



(c)) that meets the content requirements, which for the purposes of the film

incentives means that the content of an audiovisual work



1. in accordance with the relevant regulations of the European Union ^ 38), which is

shows the cultural test,



2. in accordance with the legislation of the Czech Republic,



3. not pornographic in nature, does not endorse violence or openly offended

human dignity,



(d)) whose producer or co-producer/is a person who has a place

of business, the place of residence or registered office in the territory of the Czech Republic and

that is registered in the Czech Republic at the locally competent administrator

taxes,



(e) the total amount of the eligible) costs incurred in connection with

its implementation in the territory of the United States reaches at least



1.15 0000 0000 Czk in the case of an audiovisual work referred to in subparagraph (b)) 1

and (3),



2.3 0000 0000 Czk in the case of an audiovisual work referred to in subparagraph (b)) (2),



3.10 0000 0000 Czk in the case of an audiovisual work referred to in subparagraph (b))

4.



(2) for the purposes of film incentives is the realisation of the audiovisual work

means the



and) preparation of shooting,



b) production processes,



c) disposal of production.



(3) the incentive project means the implementation of audiovisual works and

necessary related activities leading to the creation of an audiovisual work.



(4) for the purposes of film incentives, eligible costs shall mean

and supply of goods and) payment services directly related



with the incentive project to a person who has a place of business, the place of

residence or head office in the territory of the United States, and that is in the Czech Republic

registered at the locally competent tax administrator ^ 39) when paid

the performance occurred after the submission for registration incentive project



(b) the payment of remuneration) actors and members of the staff, who have a place of business,

place of residence or registered office outside the territory of the Czech Republic, if the

This remuneration is subject to tax in the Czech Republic ^ 40), if the Fort

the performance occurred after the submission for registration incentive project.



(5) the Fund rules shall lay down the



and) positive and negative enumeration of deductible costs according to the individual

types of incentive project



(b)), the mode of proof and the eligibility of costs,



(c)) the conditions for granting the incentives for more film in unadjusted,



(d)) the mode of proof that the conditions for the granting of film incentives.



§ 43



Purpose, form and level of the film incentives



(1) the purpose of providing incentives to support film production

audiovisual works in the Czech Republic and increase the competitiveness of

the Czech film industry.



(2) the Film incentives represent other monetary resources State funds

under another law ^ 41).



(3) the Film incentives are public support ^ 38). The provider of the

film incentives is the Fund.



(4) the Film incentives are granted after the implementation of the incentive project, and

in the form of reimbursement of



and 20% of the eligible costs) according to § 42 para. 4 (b). and)



(b) 10% of the eligible costs) according to § 42 para. 4 (b). (b)).



(5) on the film incentive is not a legal right.



(6) the Director of the Fund Announces terms of film incentives for

each calendar year, in accordance with the law and with the status of the Fund,

in particular, with regard to the law on the State budget on the calendar

year.



(7) the conditions for the provision of incentives for the period film based on

paragraph 6, of the form, and the current amount of available financial

funds intended for film incentives (hereinafter referred to as "resources on film

incentives ") the Fund publishes in a way allowing remote access.



Section 2



Deciding on a film incentive



§ 44



A registration incentive project



(1) an application for registration of the incentive Fund is served in project writing

the form.



(2) an application for registration of the incentive project contains both basic

requirements of the application according to the code of administrative procedure of the annex, which sets out the status of the

The Fund.



(3) when applying for the registration of the project the applicant is the incentive

shall pay an administrative fee.



§ 45



Examination of the application for registration of the project and write the incentive incentive

project to the registration list



(1) where an application for registration of the project all of the incentive

conditions laid down in this law or the Statute, shall invite the applicant Pool

for its replenishment. If an applicant a registration incentive

to complete the project within 10 working days from the date of receipt of the request of the Fund,

A registration incentive fund project.



(2) the Commission for film incentives (hereinafter referred to as "the Commission") shall assess the application of

the registration incentive of your project in terms of meeting content

assumptions and opinion to determine whether the project meets the requirement of the content

the prerequisites for the granting of the film incentives, and an opinion shall be provided.

In the preamble to the opinions of the Commission shall indicate in particular the results of their assessment

cultural test by the applicant and their compliance with the law and

the Fund rules.



(3) if in the opinion of the Commission that the project complies with the requirement of the content

the prerequisites for the granting of the film incentives, Fund shall issue a certificate of

the registration incentive project and writes the incentive project to

the registration list of incentive projects, within a period of 30 days from the

the date of application for registration of the incentive project.




(4) the registration list of incentive projects the Fund publishes in a way

allowing remote access.



(5) if in the opinion of the Commission that the project does not meet the requirement of the

presumption for providing film incentives, Fund request

the incentive project registration be refused, and within 30 days from the date of

a submission for registration incentive project. The administrative fee shall be in

this case returns to the applicant within 3 months from the refusal of the application.



(6) against the decision on the application for registration of the Fund the incentive project

cannot be appealed.



§ 46



Application for registration of the incentive project



(1) an applicant who has received a certificate of registration of the incentive project

is entitled to submit an application for the registration of the incentive project, if



and) meets the prerequisites pursuant to § 50 para. 2,



(b)) has secured funding of at least 75% of the total implementation costs

the incentive project.



(2) where the Director of the Fund of the notification according to § 47 para. 8, a request is

records of the incentive project entitled to the applicant,



and it was delivered)



1. a decision rejecting an application for registration of the project according to the incentive

§ 47 para. 5,



2. the certificate of registration of the incentive project pursuant to § 47 para. 6, or



3. the certificate of registration of the incentive project pursuant to § 47 para. 7,



(b)) if it meets the prerequisites pursuant to § 50 para. 2,



(c) funding) if at least 75% of the total implementation

the cost of the incentive project.



(3) the subject of an application referred to in paragraph 2 (a). a) points 2 and 3 is the release

certificate of registration of the incentive the amount of the project, which reaches

the difference between the maximum amount under § 43 para. 4 and the amount referred to in

certificate of registration of the incentive project, which was the applicant

delivered.



(4) an application for the registration of the incentive Fund is served in writing project, and

It



a) within a period of 3 months from the date of receipt of the certificate of registration

the incentive project, in respect of the request referred to in paragraph 1,



b) within a period of 3 months from the date of publication of the notification of the Director of the Fund pursuant to §

paragraph 47. 8 as regards the request referred to in paragraph 2.



(5) an application for the registration of the incentive project contains both basic

requirements of the application according to the code of administrative procedure of the annex, which sets out the status of the

The Fund.



§ 47



The assessment of the application for registration of the incentive project and registration

the incentive project



(1) does not include an application for the registration of the project all of the incentive

conditions laid down in this law or the Statute, shall invite the applicant Pool

for its replenishment. Where an application for registration of the incentive project

supplemented within the time limit laid down by the Fund shall be considered the date of complete and duly

the application filing date of the application for registration of a replenishment incentive

project. If the applicant the application for registration of the incentive project aware

within 10 working days from the date of receipt of the request of the Fund, the Fund request

records of the incentive project.



(2) where an application for registration of the incentive project made in conflict with the

§ 46 para. 3 or 4, the application for registration of the incentive Fund project

rejects.



(3) complete and duly filed application for registration of the incentive Fund project

included in the evidence of incentive projects, chronologically by date

their submission.



(4) if the applicant or the incentive project to fulfil the conditions

provided by law or the Fund rules, the application for registration

the incentive effect of the project will be rejected.



(5) the Fund denies the request for registration of the incentive of the project in the event that

The Fund does not have any means for film incentives.



(6) if the Fund does not have the resources for film incentives to

be issued a certificate of registration of the incentive project to

the amount of film incentives, the Fund shall issue a certificate of registration

the incentive project to a lower amount than the amount referred to in § 43 para. 4,

Depending on the amount of funds to the film incentives. Of this amount

reduces the amount of funds to the film incentives.



(7) if the Fund does not have the resources for film incentives to

could be issued a certificate of registration of the incentive project to

the amount of film incentives to all applicants for registration

the incentive project, which the Fund received on the same day, the Fund shall issue

certificate of registration of the incentive project to lower those applicants

than the amount referred to in § 43 para. 4, depending on the amount of

resources on film incentives so that the reduction of the amount provided for in § 43 para. 4

all applicants will be as a percentage of the same. The sum of

These amounts reduces the amount of resources on film incentives.



(8) if the raising funds for film incentives, Director of the Fund

This fact and the current level of funding for film incentives

manner allowing remote access. The details of this notification

determine the status of the Fund.



(9) if the Fund decides on the application for registration of the project according to the incentive

paragraphs 5, 6, or 7, the applicant is entitled to file an application for the registration of

the same incentive project for the second time in accordance with § 46 para. 3.



(10) If a request for registration of the incentive Fund project has not been refused, it shall issue

certificate of registration of the incentive project. Certificate of registration

the incentive project contains the estimated amount of the movie

incentives. This amount reduces the amount of resources on film incentives.



(11) an applicant who has received a certificate of registration of the incentive

the project, an obligation arises without undue delay inform the Fund about

the following facts:



and the conversion of the applicant) under another law ^ 42),



(b)) change the legal form of the applicant,



(c) the applicant's entry into liquidation),



(d) the administration of the insolvency application for) the applicant,



(e) changes to the incentive project compared to) the facts alleged in the application

about registering the incentive project



(f) participation in other programs) of support from public resources, resources from the

resources of the European Union or from resources of the European Union Member States in

connection with the incentive project, or to provide any other

means of public aid for the implementation of the incentive project.



(12) the breach of the obligation of the applicant in accordance with paragraph 11, it is considered

violation of budgetary discipline under another law ^ 43).



(13) the applicant to whom it was delivered the certificate of registration of the incentive

the project, an obligation arises during the 12 consecutive months

from the date of delivery of the certificate of registration of the incentive project to spend

relation with the realisation of audiovisual works on the territory of the Czech Republic

at least 70% of the eligible costs according to § 42 para. 1 (b). (e)).

To fulfill this obligation, the applicant is required to show presentation

the auditor's report on verification of the costs incurred for the implementation

audiovisual works on the territory of the Czech Republic, including contributions in kind

under another law ^ 44).



(2) the auditor's report referred to in paragraph 1 shall be drawn up by the Auditor,

that



and) is entitled to exercise the audit function in accordance with other legal

prescription,



(b)) has concluded the insurance contract, the object of which is the insurance

liability for damage caused in the performance of its activities to a third party,

taking the limit of indemnity must be at least 100 0000 0000 CZK.



(3) If an applicant who has received a certificate of registration

the incentive project, violates its obligation under paragraph 1 sentence

first or second, the Fund shall decide on the revocation of a certificate of registration

the incentive project. Of this amount increases the amount of funds to

film incentives. Against the decision of the Fund about the cancellation of the certificate of registration

the incentive project cannot be appealed.



(16) the Fund decides on the application for registration of the project within the incentive

30 days from the submission of a complete and duly filed application for registration of the incentive

project.



(17) against the decision of the Fund on the application for registration of the incentive project

cannot be appealed.



(18) the registration incentive projects the Fund publishes in a manner allowing

remote access.



(19) the keeping of registers of incentive projects, the procedure and terms and conditions changes

certificate of registration of the Fund rules shall lay down the incentive project.



§ 48



Request for film incentive



(1) an applicant who has received a certificate of registration of the incentive

the project is entitled to up to 3 years from the delivery of the certificate to submit a

request for film incentive, if it meets the prerequisites pursuant to § 50 para.

2.



(2) an application for a film incentive is given in writing to the Fund.



(3) a request for the addition to the basic film incentive has requirements

the request pursuant to the administrative code of the annex, which sets out the status of the Fund.



(4) the auditor's report, which is an integral part of the application for the film

the incentive is to be developed and verified by an auditor who meets the

the conditions pursuant to § 47 para. 14.



§ 49



Examining the application for film incentive



(1) where the application does not contain the film incentive all the particulars

established by this Act, shall invite the applicant to its Pool of the Tween. If

the applicant does not complete the film incentive request within 10 working days from the date of

receipt of the request of the Fund, the Fund request for film incentive.



(2) If you meet all the conditions laid down by law, the Fund

Decides to grant the film incentives, within 30 days of delivery

requests for film incentives. Otherwise, the request for the Fund


provision of film incentives at the same time will be rejected.



(3) the Fund request for film incentives also rejects in the case that

the applicant has violated information obligation according to § 47 para. 11.



(4) the Fund releases the film incentive and pay on the account of the applicant within 14 days

from the date of issue of the decision on the film incentive. Bank fees associated

with this transaction shall be paid by the applicant.



(5) against the decision on the request to Fund a film incentive cannot be

appeal.



(6) an overview provided by the film incentives Fund publishes way

allowing remote access.



§ 50



Recipient of the film incentives



(1) the recipient of the film incentives for the purposes of this Act, the



and the applicant, which was) received a certificate of registration incentive

the project,



(b)) the applicant to whom it was delivered the certificate of registration of the incentive

the project,



(c)) the applicant to whom it was delivered a decision on the film incentive.



(2) the recipient of the film incentives



and) must meet the prerequisites pursuant to § 39 para. 1 (b). (b)) to (g)),



(b)) must not be the beneficiary of the aid for rescue and restructuring of firms

in difficulty ^ 45),



(c)) shall not be a person whose property is affected by the exercise of an ordained

decision.



(3) the beneficiary is obliged to film incentives



and in their accounts) to ensure that the selected accounting operations

related to the incentive project were kept in a separate analytical

the register and the way that it is demonstrable that the selected accounting entries are

reported on the incentive project and actually correspond to the realized

pobídkovému project



(b) providing for inspection purposes) the archiving of all documentation, including

accounting of the incentive project for a period of 5 years from the completion of the implementation

the incentive project



(c)) to provide Fund to its challenge of the current data on the implementation of the

the incentive project, within 15 days from the challenge Fund,



(d)) in the final uncredited incentive project noted that his

realization of the Czech Republic was supported by the Fund in the form of

film incentives and the logo of the Fund,



(e)) provide the Fund to its challenge of the current production plan that

corresponds to the story, and within 15 days of the challenge Fund,



(f) provide the Fund free of charge a copy of) the film on an electronic data carrier,

and this within 3 months from the first disclosure of the audiovisual work

the public in the cinema.



(4) the Fund shall cancel the certificate of registration in the case that the recipient of the film

incentives violated the obligation under paragraph 3 (b). (c)), or (e)).



Section 3



§ 51



The activities of the Commission, its composition and decision-making



(1) the Commission



and) assesses the applications for registration of the project in terms of the incentive

meet the substantive assumptions according to § 42 para. 1 (b). (c)) and is issued to

opinion,



(b)) performs other activities assigned to it by this Act, or the Statute of the

The Fund.



(2) the Commission shall participate in the deliberations, if at least

3 members. The Commission shall decide by a majority vote. In a tie, with the option

the most repeated twice, if even then decides, the proposal is

considered to be missed.



(3) the Member of the Commission is disqualified from deciding the film incentive in the cases

According to the code of administrative procedure and in the event that the decision making

personal interest could arise or personal advantage, directly or

through relatives. For the purposes of assessing a quorum

The Commission in this decision, it is considered that the excluded Member of the Commission

the negotiations did not attend.



(4) the Commission has 5 members.



(5) the members of the Commission are appointed and dismissed by the Minister from among the

respected and experienced personalities in the field of audiovisual arts he proposed

professional organisations with the exception of copyright collecting societies

or rights related to copyright.



(6) the term of Office of members is three years. Re-appointment is possible

only twice.



(7) the Commission, at its first meeting after the appointment of the members of the Commission shall elect

Chairman and Vice-Chairman.



(8) the membership of the Commission is a public function.



(9) the Member of the Commission for the performance of its function belongs to the remuneration of the

on a proposal from the Minister of the Government resolution. Member of the Commission belong to the replacement

travel expenses related to the performance of its functions in the same

as employees, arguing that for the regular workplace for the purposes of

travel expenses is considered the place of his stay.



(10) the details of the hearing, the Commission shall determine the rules of the Fund.



§ 52



The prerequisites of membership in the Commission and the termination of membership in the Commission



(1) a member of the Commission may be a natural person who is



and having the capacity to perform legal acts),



b) integrity; for integrity is not the one who was lawfully

convicted for an intentional criminal offence, if he does not look as if the

has not been convicted.



(2) The Commission shall not hold functions in political parties or

political movements, nor in their favour to operate in the context

with the power of Member of the Commission.



(3) the membership of the Commission is incompatible with the function of President of the Republic,

a Deputy, Senator, Member of the Government or his Deputy, the head of the

the central body of State administration or his Deputy, the President of the

The Supreme Audit institution or a member of his college, Member of the Council of the Czech

Telecommunications Office, Member of the Bank Board of the Czech National Bank, a member of the

The Council for radio and television broadcasting and a member of the Board of the Czech television.



(4) the Member of the Commission is incompatible with the employment relationship to the Fund.



(5) the membership of the Commission ceases to exist



and the date of expiry of term of Office)



(b) the date of receipt in writing by) waiver of the Member of the Commission

the Minister,



(c)) date on which the Member of the Commission delivered a decision on removal from Office,



(d)) the date of application of the judgment, which was a member of the Commission deprived of

competence to perform legal acts,



(e)) the date of application of the judgment, which was a member of the Commission sentenced for

an intentional criminal act, or



f) date on which the Commission received the function referred to in paragraph 2 or 3 or

employment was created to fund.



(6) the Minister shall withdraw the Member of the Commission, if



and no longer meets the conditions for) the performance of functions,



(b)) has committed acts that threaten confidence in its independence or

impartiality in the performance of functions,



c) seriously undermine the dignity of the functions performed,



(d)), he worked in favor of political parties or political movements in

connection with the exercise of Member of the Commission, or



(e) properly fulfil its) repeatedly obligations under this Act, other

legislation or the Statute of the Fund.



Part 7



Co-production status



§ 53



Deciding on granting the co-production statute



(1) the Fund shall decide on the granting of the status of the cinematographic co-production

a part that confirms the compliance of the work with the Convention or another international

agreement on film co-production, if it meets the terms of the Convention or other

international film co-production Treaty.



(2) the Statute may not be granted Co-production audiovisual works

pornographic nature cinematography authorising violence or

cinematography openly outraged human dignity.



(3) an application for the granting of the co-production statute must still with the place

permanent residence or headquarters on the territory of the United Kingdom submit to the Fund

at least 2 calendar months prior to the date of commencement of filming of the competent

a cinematographic work, that is listed in the co-production agreement.



(4) an application for the granting of co-production of the Statute shall be accompanied by



and a copy of the license or similar) of the Treaty, to which the applicant refused or

Another co-producer gets permission to use scenarios of cinematic

works and cinematographic works,



(b) cinematographic works) scenario,



(c) a list of the technical and artistic) participation of the co-producers from each State

involved in the production of a cinematographic work,



(d) a summary of planned cost) the production of a cinematographic work

(budget),



e) a financial plan that captures an overview of resources planned for the

cover the cost of production of a cinematographic work,



(f) the timetable foreseen for the cinematographic production) of the work and



g) co-production agreements co-production agreement or complying with the conditions

According to the Convention or other international agreement on film co-production.



(5) if there is a financial contribution by the co-producer with the place of permanent residence

or established in the territory of the United States less than a financial contribution

other individual co-producers, decides to grant Fund

co-production of the Statute before it receives a communication from the authority responsible for

the granting of co-production of the Statute for the co-producer with the highest financial

participation.



(6) If on the basis of applications for co-production status and

the documents submitted by an independent part of the cinematographic co-production status,

It can be cancelled if the Fund after the completion of the production of cinematographic works

It finds that the cinematographic work, how it is produced, does not match the

the terms of the Convention or other international agreement on film co-production.



Part 8



Supervision



§ 54



(1) supervision over compliance with the obligations under this Act, with the exception of

the obligations of the Fund shall exercise the delegated scope of the regional office. For these

the purpose of his Fund provides necessary data contained in the register in the field of

Audiovision.



(2) the Fund shall send a copy of the regional authority of the decision by which it was decided to

violation of this law is a legal or natural person, operating

at the latest within a period of 30 days from the date of acquisition of legal power of this

decision.



Part 9



Administrative offences



section 55




(1) a legal entity or individual entrepreneur as a person who

sells, rents or lends copies of cinematographic works

marked with classification pursuant to section 4, paragraph 4. 2 (a). c) or (d)), committed by

the administrative offense by that, contrary to § 5 para. 6 copies of the

cinematographic works identified classifications, lend-lease or sell the

person according to the classification made by restricting its

accessibility.



(2) the producer or co-producer is established, place of residence or

place of business in the territory of the Czech Republic has committed the administrative offence

that does not make the classification of cinematographic works or Czech

notifies the Distributor according to the classification made by § 5 para. 1.



(3) the Producer of a cinematographic work or co-producer is established,

place of residence or place of business in the territory of the Czech Republic

committing an administrative offense that notifies the cinematographic work

The archive under § 7 para. 1.



(4) the manufacturer of the Czech's cinematographic works or his co-producer is

registered office, place of residence or place of business in the territory of the United

the Republic has committed the administrative offence by



and will not offer a contract proposal in writing) the archive copy of the undamaged 2

the Czech film works in the quality of the reproductions intended for

cinematographic performances, a copy of the literary scenario or promotional

materials in this work pursuant to section 6 (1). 1,



(b)) will not offer an archive copy of the draft Treaty intact, Czech

cinematographic works in quality suitable for the production of copies of

intended to make available to the public through

cinematographic performances according to § 6 paragraph 1. 3, or



(c)) will not offer an archive free transfer of ownership in favor of the United

one undamaged copy of the Czech Republic's cinema

works in the quality of the reproductions intended for cinematic performances,

a copy of the literary stories, or promotional materials to the work in accordance with § 6

paragraph. 6.



(5) the organiser of a cinematographic performances are committed by the administrative

tort by



and does not guarantee the publication of distributor) communicated by classification

cinematographic works in connection with the announcement of the venue

a cinematographic performances or during the holding of the cinematographic

performance does not ensure the exclusion of participation of persons covered by the

limitation of the work according to § 5 para. 5, or



b) contrary to section 5 (3). 8 available to the public before,

during or immediately after the end of the cinematographic performances

video trailers marked more stringent degree of classification has

cinematographic work, which is the main program of the cinema

performances.



(6) the Distributor commits an administrative offense, by



and a copy of the Czech neopatří) audiovisual works distributed

the public in the territory of the United Kingdom subtitles for the hearing impaired or

their packaging neopatří says "Subtitles for the hearing impaired" under section

3 (2). 2,



(b)) does not classify other than Czech cinematographic works,

distributed on the territory of the Czech Republic according to § 5 para. 2,



(c) to notify the classification made by the organiser) a cinematographic

performances, audiovisual media service providers to

request or to other persons, to whom the territory of the Czech Republic will provide

permission to use works pursuant to § 5 para. 3,



(d)) as the person referred to in section 2 (2). 1 (b). g) point 1 does not mark the packaging

copies of cinematographic works by marking his classification or for

marking of copies of cinematographic works with classification shall not apply

the highest restrictions, of accessibility, if these copies include

more cinematographic works according to § 5 para. 4,



(e)) does not ensure that audiovisual trailers or other forms of advertising

related to the cinematographic piece distributed by

classified according to the section 4, paragraph 4. 2 (a). c) or (d)) contained a mark

the classification of such cinematographic work according to § 5 para. 7, or



(f) fails to notify the archives of the cinematographic work), which was in its distribution

opened to the public in the Czech Republic through the

cinematographic performances according to § 7 (2). 2.



(7) for administrative offences are imposed to



and) $ 50,000, in the case of an administrative offence under paragraph 6 (a). a) to (e)),



(b)) 100 000 CZK in the case of an administrative offence under paragraphs 1 to 5, or

paragraph 6 (a). (f)).



§ 56



Provisions common to administrative offences



(1) a legal person for an administrative offence is not liable if he proves that

made every effort that could be reasonably required to

breach of legal obligations.



(2) in determining the amount of the fine on a legal person shall take account of the seriousness of the

the administrative offense, in particular, the way a criminal offence and its consequences, and

the circumstances under which it was committed.



(3) the liability of a legal person for an administrative offense shall cease, if the

administrative authority about him has not initiated proceedings within 1 year from the date on which it

learned, but not later than within 3 years from the date on which it was committed.



(4) administrative offences under this law are heard at first instance in

by the regional office.



(5) the appellate body decisions concerning administrative offences according to the

This Act is the Ministry.



(6) the Fund shall send a copy of the regional authority of the decision by which it was decided to

an administrative offense, at the latest within a period of 30 days from the date of acquisition of legal power

This decision.



(7) The liability for the acts, which took place in the business

person or in direct connection with it shall be subject to the provisions of this

the law on liability of legal persons and sanctions.



(8) the Fines collected and enforced by the authority that is saved. Income from fines is

budget, income from which is covered by the activity of the administrative authority which

the fine imposed.



TITLE V OF THE



COMMON, TRANSITIONAL AND FINAL PROVISIONS



Part 1



Common provisions



§ 57



(1) in order to substantiate the fact that copyrights or rights

of the performer, the State provides the Ministry of the Interior of the Fund to

request a manner allowing remote access to deceased Valdez

Copyright



and from the base) a reference population register,



(b)) the data from the agendového information system of population register.



(2) Information Provided pursuant to paragraph 1. and) are:



and) surname,



(b) the name or names),



(c) the address of the place of stay)



(d)) of the date, place and County of birth; for the data subject, who was born in

abroad, the date, place and the State where he was born,



(e)) of the date, place and County of death; in the case of the death of the data subject outside the territory

The United States, date of death, place and the State on whose territory the death

has occurred; If it is issued the Court's decision on the Declaration of death, day,

that is the decision, listed as the day of death or the date on which the entity

data declared dead have survived, and the date of acquisition of legal power of this

decision.



(3) Information Provided pursuant to paragraph 1. (b)) are:



and the name or names), surname, maiden name,



(b)) date of birth,



(c) the address of the place of residence), including previous address space

permanent residence,



d) date and place of death of the district, and in the case of deaths outside the United

the Republic, the State on whose territory the death occurred, or the date of death,



e) day, who was in the Court decision on the Declaration of death listed

as the day of death or the date on which the data subject is declared dead

did not survive.



(4) data that are kept as reference data in the principal registry

the population recovered from the agendového information system registration

the population only if they are in the shape of the previous status quo.



(5) from the data provided can be used in a particular case only

such data, which are necessary for the performance of the task.



Part 2



Transitional provisions



§ 58



(1) Repealing the State Fund of the Czech Republic for support and development of Czech

cinema. The Ministry shall submit a proposal for deletion of the State Fund of the Czech

Republic for support and development of Czech Cinematography from the business

register within 15 days from the date of entry into force of this Act.



(2) the Fund is a legal successor of the State Fund of the Czech Republic

support and development of Czech Cinematography. The effective date of this

the law, the Fund becomes competent to manage with all the property of the United

the Republic, with whom he was on that date the appropriate manage State Fund

The Czech Republic for support and development of Czech Cinematography, and pass

his commitments. The same day, the Fund shall enter into all of the rights and obligations

of legal relations, which was the State Fund of the Czech Republic

for the support and development of Czech Cinematography.



§ 59



(1) the Council of the State Fund of the Czech Republic for support and development of Czech

cinema carries up to 4. the function of the Council in April 2015. After the performance

the function of the Council members belong to the members of the Council of the State Fund of the Czech Republic

support and development of Czech Cinematography remuneration determined in accordance with § 14 para.

6. The new Board shall elect a Chairman and Vice-Chairman in the case that the majority of

its members proposed.



(2) the Chamber of deputies in the election of the first members of the Council, which shall determine by lot the

members of the Council term expires after 1 year, whereby the members of the Council will end up


the term of 2 years and to which members of the Council term

After 3 years.



(3) the first meeting of the Council shall be convened by the Minister no later than 30 days from the date on which the

He was elected as the sixth member of the Council.



(4) at the first meeting of the Council in accordance with paragraph 3, the Council shall elect from among its members

Chairman and Vice-Chairman.



section 60



Of the applications, submitted to the State Fund of the Czech Republic for support and

development of Czech cinema before the date of entry into force of this Act,

the Fund shall decide in accordance with existing legislation.



§ 61



Proceedings for administrative offences and procedure for recovery of the arrears, which was

started and has not been completed before the date of entry into force of

This Act, completes the Ministry according to present laws

regulations.



§ 62



In the management of the projects, which were launched into the effective date of this

the law, the process according to the existing legislation, with the result that the provision

film incentives takes over the Fund.



§ 63



The performance of the tender duties to the archive, which was established prior to the date

entry into force of this law, are governed by existing laws.



§ 64



Billing and payment of a supplement to the ticket price, according to present

the organiser will carry out legislation within 60 days from the date of entry into force of

of this Act.



§ 65



Registration of audiovisual works, which were kept under section 1a of Act No.

273/1993 Coll., on certain conditions for production, dissemination and archiving

audiovisual works, amending and supplementing certain acts and certain

other regulations, as amended, the Department converted to

Archive within 60 days from the date of entry into force of this Act.



§ 66



National film archive established under existing regulations, it is considered

Files under this Act.



Part 3



Regulation (EEC)



§ 67



Shall be repealed:



1. Act No. 241/1992 Coll. on the State Fund of the Czech Republic for support and

development of Czech Cinematography.



2. Act No. 253/2006 Coll., amending Act No. 273/1993 Coll., on the

some conditions of production, dissemination and archiving audio-visual works,

amending and supplementing certain acts and certain other regulations, in

as amended.



PART TWO



Amendment of the Act on certain conditions for production, dissemination and archiving

audiovisual works



§ 68



In Act No. 273/1993 Coll., on certain conditions for production, dissemination and

archiving of audiovisual works, amending and supplementing certain acts and

some other regulations, as amended by the Act No. 40/1995 Coll., Act No.

121/2000 Coll., Act No. 132/2000 Coll., Act No. 499/2004 Coll., Act No.

249/2006 Coll., Act No. 130/2008 Coll. and Act No. 281/2009 Coll., is part of the

the first, third and article 13 be deleted.



PART THREE



Amendment of the copyright law



§ 69



Law No. 121/2000 Coll. on copyright, rights related to

Copyright and on amendments to certain laws (Copyright Act), as amended by

Act No. 81/2005 Coll., Act No. 61/2006 Coll., Act No. 186//2006 Coll.

Act No. 216/2006 Coll., Act No. 168/2008 Coll., Act No. 41/2009, Coll.,

Act No. 227/2009 Coll., Act No. 153/2010 Coll., Act No. 424/2010 Coll.,

Law No 375/2007 Coll., Act No. 420/2011 Coll. and Act No 18//2012

Coll., is amended as follows:



1. Footnote 3 is added:



"3) Law No 496/2009 Coll., on audiovisual works and the promotion of

cinema and on amendments to certain acts (the Act on audiovisual). ".



2. in section 26 para. 2 and in section 106 paragraph. 4, the words "of the Czech Republic

support and development of Czech "are deleted.



3. Part seven is hereby repealed.



PART FOUR



Amendment of the Act on the amendment and repeal certain laws relating to

the law on regions, law on municipalities, district offices and law

the Act on the capital city of Prague



section 70



In Act No. 132/2000 Coll., amending and repealing certain acts

associated with the regions, the municipalities Act, the Act on

the district offices and the Act on the capital city of Prague, as amended by Act No.

217/2000 Coll., Act No. 143/2001 Coll., Act No. 86/2002 Coll., Act No.

356/2003 Coll., Act No. 22/2004 Coll., Act No. 93/2004 Coll., Act No.

99/2004 Coll., Act No. 561/2004 Coll., Act No. 585/2004 Coll., Act No.

379/2005 Coll., Act No. 186/2006 Coll., Act No. 189/2006 Coll., Act No.

264/2006 Coll., Act No. 329/2007 Coll., Act No. 375/2007 Coll., Act No.

456/2011 Coll. and Act No. 255/2009 Coll., is part of the twenty-ninth repealed.



PART FIVE



Amendment of the Act on radio and television broadcasting and the

change other laws



§ 71



Act No. 231/2001 Coll., on radio and television

broadcast and amending other laws, as amended by Act No. 309/2002 Coll.

Act No. 274/2003 Coll., Act No. 344/2004 Coll., Act No. 501/2004 Coll.

Act No. 626/2004 Coll., Act No. 82/2005 Coll., Act No. 127/2005 Coll.

Act No. 348/2005 Coll., Act No. 235/2006 Coll., Act No. 160/2007 Coll.

Act No. 296/2007 Coll., Act No. 304/2007 Coll., Act No. 124/2008 Coll.,

Act No. 384/2008 Coll., Act No. 41/2009 Coll., Act No. 196/2009 Coll.,

Act No. 227/2009 Coll., Act No. 132/2010 Coll., Act No. 153/2010 Coll.,

Act No. 302/2010 Coll., Act No 420/2007 Coll., Act No. 458/2007 Coll.

Act No. 142/2012 Coll. and Act No. 275/2012 Coll., is amended as follows:



1. In article 3, paragraph 3. 4, the words "which is a Contracting Party to the European Convention on

cross-border television, "shall be deleted.



2. in section 32a para. 1, after the words "on the basis of the license" the words

"in accordance with § 12 para. 3 (b). and) ".



3. in paragraph 2 of Section 32b, including footnote # 19 is added:



"(2) If a taxpayer reaches the yield or receive indirect sales

airtime through third parties, that are not the final

the user transmission time, includes base fee instead of the

the proceeds of or income yield or income which the taxpayer would

This was realised through direct sale of air time, and regardless of the

whether such direct sales in fact took place. The provisions of the

the previous sentence shall apply only in the event that third parties according to the

the previous sentence are people linked to a taxpayer for the purposes of another

Law ^ 19).



19) §66A. 9 of Act No. 513/1991 Coll., as amended

regulations. ".



4. the following section is inserted after section 32f 32 g, which reads as follows:



"§ 32 g



(1) in the event that the proceeds of the fee is less than the total amount of 150 million.

CZK, the taxpayer a fee of ads broadcast is involved in the difference between the

the total proceeds of the fee and the amount of 150 million. CZK proportion to its share of the

total revenues from advertising all taxpayers charge from the broadcast

ads.



(2) the balance of the fee from the broadcast ads will pay the taxpayer within 30 days from the

delivery call State Fund of cinematography. ".



PART SIX



Amendment of the Act, amending Act No. 218/2000 Coll., on the budget

rules and amending certain related laws (budget

the rules), as amended, and certain other laws



§ 72



In Act No 482/2004 Coll., amending Act No. 218/2000 SB., about

budgetary rules and amendments to some related laws

(budget rules), as amended, and certain other

laws, as amended by law No 94/2005 Coll., is part of the seventh is deleted.



PART SEVEN



Amendment of the Act on administrative fees



section 73



Act No 634/2004 Coll., on administrative fees, as amended by Act No.

217/2005 Coll., Act No. 228/2005 Coll., Act No. 361/2005 Coll., Act No.

361/2005 Coll., Act No 444/2005 Coll., Act No. 545/2005 Coll., Act No.

553/2005 Coll., Act No. 48/2006 Coll., Act No. 56/2006 Coll., Act No.

57/2006 Coll., Act No. 81/2006 Coll., Act No. 109/2006 Coll., Act No.

112/2006 Coll., Act No. 130/2006 Coll., Act No. 137/2006 Coll., Act No.

137/2006 Coll., Act No. 159/2006 Coll., Act No. 179/2006 Coll., Act No.

186/2006 Coll., Act No 215/2006 Coll., Act No. 227/2006 Coll., Act No.

227/2006 Coll., Act No. 235/2006 Coll., Act No. 309/2006 Coll., Act No.

575/2006 Coll., Act No. 106/2007 Coll., Act No. 261/2007 Coll., Act No.

269/2007 Coll., Act No. 374/2007 Coll., Act No. 379/2007 Coll., Act No.

38/2008 Coll., Act No. 130/2008 Coll., Act No. 140/2008 Coll., Act No.

182/2008 Coll., Act No. 189/2008 Coll., Act No. 230/2008 Coll., Act No.

239/2008 Coll., Act No. 254/2008 Coll., Act No. 297/2008 Coll., Act No.

297/2008 Coll., Act No. 301/2008 Coll., Act No. 309/2008 Coll., Act No.

312/2008 Coll., Act No. 382/2008 Coll., Act No. 9/2009 Coll., Act No.

41/2009 Coll., Act No. 141/2009 Coll., Act No. 197/2009 Coll., Act No.

206/2009 Coll., Act No. 227/2009 Coll., Act No. 281/2009 Coll., Act No.

291/2009 Coll., Act No. 301/2009 Coll., Act No. 346/2009 Coll., Act No.

420/2009 Coll., Act No. 132/2010 Coll., Act No. 148/2010 Coll., Act No.

153/2010 Coll., Act No. 160/2010 Coll., Act No. 343/2010 Coll., Act No.

427/2010 Coll., Act No. 30/2011 Coll., Act No. 105/2007 Coll., Act No.

133/2007 Coll., Act No. 134/2007 Coll., Act No. 152/2007 Coll., Act No.

188/2007 Coll., Act No. 245/2011 Coll., Act No. 249/2007 Coll., Act No.

255/2007 Coll., Act No. 262/2007 Coll., Act 300/2010 Coll., Act No.

308/2011 Coll., Act No. 329/2011 Coll., Act No. 344/2007 Coll., Act No.

349/2007 Coll., Act No. 350/2011 Coll., Act No. 357/2010 Coll., Act No.


367/2011 Coll., Act No. 375/2007 Coll., Act No. 428/2007 Coll., Act No.

457/2011 Coll., Act No. 458/2011 Coll., Act No. 472/2010 Coll., Act No.

19/2012 Coll., Act No. 37/2009 Coll., Act No. 53/2010 Coll., Act No.

119/2009 Coll., Act No. 169/2009 Coll., Act No. 172/2009 Coll., Act No.

202/2009 Coll., Act No. 221/2009 Coll., Act No. 225/2012 Coll. and act

No 274/2009 Coll., is amended as follows:



1. In the annex to the Act part IV item 67:



"Item 67

and the receipt of the request)

1. for permission to operate a tv 90 000 Czk

2. the period of validity of the permission to operate

tv-$ 90 000

3. to grant permission or to extend the period of validity of

to the local tv broadcasting Eur 50 000

(b)) the adoption application for authorisation or to extend the period of validity of the

permission to operate a radio broadcast 25 000 Czk

(c) the receipt of an application to operate a) taken over broadcast Eur 90 000

(d)) the adoption of a change request the data referred

1. in the application for the granting of permission to operate

tv Czk 20 000

2. in the application for the granting of permission to operate

the radio broadcast CZK 5 000

3. in the application to operate a broadcast taken over Czk 20,000

The subject of the charge is not

1. Receipt of the application for permission to operate a television broadcast under (a)) of this item, if it is

a request made pursuant to § 21 para. 1 of law no 132/2010 Coll., on on-demand audiovisual media services

and on amendments to certain acts (the Act on audiovisual media services on request).

2. acceptance of applications for amendment of the particulars referred to in subparagraph (d)) of this item, if the change is recorded in the commercial register. ".



2. In the annex to part IV of the Act is the following item 67, 67a

that including footnote No. 41a is inserted:

"Entry 67a

Acceptance of the application

and by the aid of cinematography) on the implementation of the project of development of Czech Cinema

of the work or the implementation of the project from a different circuit than the Czech production of a cinematographic work ^ 41a) CZK 5 000

(b)) to support the implementation of the project of the cinema circuit production of Czech film

^ 41a) works CZK 10 000

(c)) of the change the conditions laid down in the decision on the promotion of cinema ^ 41a) $ 500

(d)) of registration incentive project ^ 41a) 30 000 Czk



41A) Law No 496/2009 Coll., on audiovisual works and the promotion of

cinema and on amendments to certain acts (the Act on audiovisual). ".



PART EIGHT



Amendment of the Act, amending certain laws related to the area

registration of the population and certain other laws



§ 74



In Act No 342/2006 Coll., amending certain laws related to

areas of population register and certain other laws, as amended by Act No.

274/2008 Coll., Act No. 375/2007 Coll. and Act No. 513/91 Coll., is part of the

the sixth is deleted.



PART NINE



Amendment of the Act, amending Act No 455/1991 Coll., on trades

business (Trade Act), as amended, and other

related laws



§ 75



In Act No. 130/2008 Coll., amending Act No. 455/1991 Coll., on the

trades (Trade Act), as amended

regulations, and other related laws, as amended by Act No 456/2007 Coll.

Act No. 17/2009 Coll. and Act No. 513/91 Coll., part six shall be deleted.



PART TEN



Changing the law amending certain laws in connection with the adoption of the

the law on basic registers



§ 76



In Act No 227/2009 Coll., amending certain laws in relation to

the adoption of the law on basic registers, as amended by Act No 291/2009

Coll., Act No. 306/2009 Coll., Act No. 101/2010 Coll., Act No. 159/2010

Coll., Act No. 424/2010 Coll., Act No. 350/2011 Coll., Act No. 375/2011

Coll., Act No. 456/2011 Coll., Act No. 466/2011 Coll., Act No. 17/2012

Coll., Act No. 513/91 Coll. and Act No. 201/2009 Coll., is part of the thirty-

repealed.



PART ELEVEN



Changing the law amending certain laws in connection with the adoption of the

the tax code



§ 77



In Act No 281/2009 Coll., amending certain laws in relation to

the adoption of the tax code, as amended by law No 153/2010 Coll., Act No.

350/2011 Coll., Act No. 456/2011 Coll., Act No. 466/2011 Coll., Act No.

165/2012 Coll., Act No. 201/2009 Coll. and Act No. 255/2009 Coll., is part of the

Fourteen deleted.



PART TWELVE



Amendment of the Act, amending Act No. 111/2009 Coll., on elementary

registers, as amended by Act No. 100/2010 Coll., and other related laws



§ 78



In Act No 424/2010 Coll., amending Act No. 111/2009 Coll., on

Basic registers, as amended by Act No. 100/2010 Coll., and more

related laws, as amended by law No 513/91 Coll., part four

repealed.



PART THIRTEEN



Amendment of the Act, amending Act No. 218/2000 Coll., on the budget

rules and amending certain related laws (budget

the rules), as amended, and certain other laws



§ 79



In Act No. 465/2010 Coll., amending Act No. 218/2000 SB., about

budgetary rules and amendments to some related laws

(budget rules), as amended, and certain other

law, part five shall be deleted.



PART OF THE FOURTEENTH



Amendment of the Act No. 239/2009 Coll., amending Act No. 563/1991 Coll., on the

accounting, in the wording of later regulations, and other related laws



§ 80



In Act No 239/2009 Coll., amending Act No. 563/1991 Coll., on the

accounting, in the wording of later regulations, and other related laws

part five is repealed.



PART FIFTEEN



The EFFECTIVENESS of the



§ 81



This Act shall take effect on 1 January 2000. by 1 January 2013, with the exception of the provisions

section 27, which shall take effect on 1 January 2000. January 2016.



Němcová in r.



Nečas in r.



1) section 62 of the Act No. 121/2000 Coll. on copyright, rights

related to copyright and on the amendment of certain laws (copyright

the law).



2) Act No. 40/1995 Coll., on regulation of advertising and amending and supplementing Act

No. 468/1991 Coll., on radio and television broadcasting, in

as amended, as amended.



3) section 12 of Act No. 121/2000 Coll., as amended by Act No. 216/2006 Coll.



4) section 79 of the Act No. 121/2000 Coll.



5) communication from the Ministry of Foreign Affairs No. 26/2000 Sb. m. s.,

the adoption of the European Convention on cinematographic co-production.



6) § 14 to 16 of Act No. 121/2000 Coll.



7) Act No. 132/2010 Coll., on audiovisual media services on the

demand and on amendments to certain acts (the Act on audiovisual media

services on request), as amended by Act No 302/Sb.



8) § 21 of Act No. 121/2000 Coll., as amended by Act No. 216/2006 Coll.



9) § 2 (2). 1 (b). d) of Act No. 132/2010 Sb.



10) section 15 of Act No. 121/2000 Coll., as amended by Act No. 216/2006 Coll.



11) section 16 of Act No. 121/2000 Coll., as amended by Act No. 216/2006 Coll.



12) § 55 para. 1 of Act No. 219/2000 Coll., on the property of the Czech Republic and

its representation in legal relations, as amended.



13) section 64 of Act No. 121/2000 Coll., as amended by Act No. 216/2006 Coll.



14) section 7 of the Act No. 121/2000 Coll.



15) section 53 of Act No. 218/2000 Coll. on budgetary rules and amending

certain related acts (budgetary rules), as amended by

amended.



section 54 of Act No. 219/2000 Coll., as amended.



16) Law No 499/2004 Coll. on Archives and records service and amending

certain acts, as amended.



17) § 106 paragraph. 4 of the law No. 121/2000 Coll.



18) Act No. 561/2004 Coll. on pre-school, primary, secondary, higher

vocational and other education (the Education Act), as amended

regulations.



19) Act No. 111/1998 Coll., on universities and amending and supplementing

other laws (law on higher education), as amended

regulations.



20) Act No. 83/1990 Coll. on Association of citizens, as amended

regulations.



21) Law No 248/1995 Coll. on non-profit societies and amending

and additions to certain laws, as amended.



22) § 4 of the law No. 121/2000 Coll.



23) section 28 of Act No. 218/2000 Sb.



section 54 of Act No. 219/2000 Coll., as amended.



24) Act No. 563/1991 Coll., on accounting, as amended.



25) § 32a of Act No. 231/2001 Coll., on radio and

television broadcasts and amending other laws, as amended by Act No.

302/Sb.



26 for example, § 26 paragraph 1). 2 to 4, section 74 of the Act No. 121/2000 Coll., as amended by

amended.



27) section 14 of Act No. 273/1993 Coll., on certain conditions for production, dissemination

and archiving of audiovisual works, amending and supplementing certain laws

and some other regulations.



28 for example, § 26 paragraph 1). 2 to 4 of the law No. 121/2000 Coll., as amended by law

No. 216/2006 Coll.



29) section 201 of paragraph 1. 3 of Act No. 262/2006 SB., labour code, as amended by

amended.



30) § 51 of Act No. 513/1991 Coll., the commercial code.



31) § 14 para. 1 Act No. 500/2004 Coll., the administrative code.



32) § 44 of Act No. 218/2000 Coll., as amended.




33 for example, § 26 paragraph 1). 2 of the Act No. 121/2000 Coll., as amended by Act No.

216/2006 Coll.



34) Act No. 231/2001 Coll., as amended.



35) Act No. 365/2000 Coll., on public administration and information systems of the

amendments to certain other laws, as amended.



36) section 146 of the Act No. 500/2004 Coll.



37) section 4 (b). b) of Act No. 101/2000 Coll., on the protection of personal data and on the

amendments to certain laws, as amended.



38) communication from the Commission to the Council, the European Parliament, the economic and

Social Committee and the Committee of the regions on certain legal aspects

relating to cinematographic works and other audiovisual works, OJ C

43, 16. February 2002 (Commission communication).



39) Act No. 280/2009 Coll., the tax code, as amended.



40) Act No. 586/1992 Coll., on income taxes, as amended

regulations.



41) § 3 (b). (c)) of the law No. 218/2000 Sb.



42) Act No. 125/2008 Coll. on transformation of trade companies and

cooperatives, as amended.



43) section 44 of the budget rules.



44) § 2 (b). b) Act No. 93/2009 Coll. on Auditors and amending

Some laws (law on Auditors).



45) communication from the Commission (EC) 2004/C 248/02 the Community guidelines on rescue and

restructuring firms in difficulty.