319/2015 Sb.



LAW



of 11 December. November 2015,



amending Law No 29/2000 Coll. on postal services and amending

Some laws (the law on postal services), as amended

regulations, and Act No. 77/1997 Coll., on the State of the enterprise, in the text of the

amended



Parliament has passed the following Act of the Czech Republic:



PART THE FIRST



Amendment of the Act on postal services



Article. (I)



Act No. 29/2000 Coll. on postal services and on the amendment of certain laws,

as amended by law No. 517/2002 Coll., Act No. 222/2003 Coll., Act No.

501/2004 Coll., Act No. 95/2005 Coll., Act No. 413/2005 Coll., Act No.

444/2005 Coll., Act No. 264/2006 Coll., Act No. 110/2007 Coll., Act No.

41/2009 Coll., Act No. 281/2009 Coll., Act No. 285/2009 Coll., Act No.

153/2010 Coll., Act No. 329/2011 Coll., Act No. 89/2012 Coll., Act No.

221/2012 Coll., Act No. 212/2013 Coll. and Act No. 258/2014 Sb, is amended

as follows:



1. Section 32b, including the title.



2. In article 34, paragraph 1, the following new paragraphs 2 and 3 shall be added:



"(2) the holder of the licence is obliged to publish a post on their

website for information on access to the postal

infrastructure; the postal license holder shall publish the conditions always

the conclusion of the Treaty and draft Treaty containing at least the identification details

the postal license holder, the scope and specification of access to postal

infrastructure, including conditions, technical characteristics and prices, and that in the

broken down by individual elements and services.



(3) the authority may, ex officio, decide to change the design of the Treaty according to the

paragraph 2, if this proposal does not meet the conditions referred to in paragraphs 1, 2 and

8; the holder of the postal licence is obliged to publish the amended version of the draft Treaty

on its Web site. ".



Paragraphs 2 to 10 shall be renumbered as paragraph 4 to 12.



3. § 34 paragraph. 5, the words "paragraph 6" shall be replaced by "paragraph 8."



4. In section 34b of paragraph 1. 4, the words "§ 34 paragraph. 1 "shall be replaced by the words" § 34d

paragraph. 1. "



5. In section 34b of paragraph 1. 6, the second sentence shall be deleted.



6. § 34 c including title:



"§ 34 c



The financing of the net costs of the preliminary



(1) the holder of the postal licence may from 1. July to 31. December

the billing period to submit to the Office a request for payment of the preliminary net

the cost for a given billing period.



(2) the authority shall determine a preliminary decision of the net cost in the amount of one

half of the net cost of representing an unfair financial burden

for the nearest preceding billing period for which the amount of the net

verified cost, but not in the amount of one half of the net cost

for the posting period set out in the application of the postal licence.



(3) the State, through the Office shall pay the preliminary net cost of the holder

the postal licence not later than 30 days from the date of the decision

in accordance with paragraph 2. ".



7. § 34 c, the following new section 34e, 34d and including the following titles:



"§ 34d



The financing of the net cost of representing an unfair financial

the burden of



(1) the holder of the postal licence not later than May 31. August calendar

the year following the end of the billing period to submit the request to the Office

about recovering net costs representing an unfair financial burden.



(2) the decision shall determine the net cost of representing an unfair

the financial burden, and in the amount of the net costs of authorized pursuant to section 34b

paragraph. 6, but not more than



and) per calendar year 2015 at a rate of 700 0000 0000 CZK



(b)) for the calendar year 2016 at a rate of 600 0000 0000 CZK



(c)) for the calendar year 2017 and for the following calendar years in the amount of 500

0000 0000 CZK;



other net costs shall not be considered an unfair financial burden.



(3) to pay the net cost of representing an unfair financial

the burden of Office of provisional credit net cost paid to the holder of the postal

licence. In the event that the



and the net cost of an unfair) that represents the financial burden is higher

than preliminary net costs repaid to the holder of the postal licence, Authority in the

the decision referred to in paragraph 2 shall decide on the payment of the amounts in the amount of their

the difference to the holder of the postal licence,



(b)) preliminary net costs repaid to the holder of the postal licence are

higher than the net cost of representing an unfair financial burden,

The Office in a decision referred to in paragraph 2 shall decide on the obligations of the holder

mail the license to return to the State budget the amount of their

the difference.



(4) the State, through the Office shall pay the amount of the difference referred to in

paragraph 3 (b). and the postal licence holder) no later than 30 days from the

the date of the decision referred to in paragraph 2.



(5) the holder of a postal license is required to return an amount equal to the difference

in accordance with paragraph 3 (b). (b)) no later than 30 days from the date of legal power

the decision referred to in paragraph 2.



(6) the amount of the difference referred to in paragraph 3 (b). (b)) selects and recover

The Office.



section 34e



Result in a violation of the obligations of the holder of the postal licence



(1) if payment of the preliminary net cost or the net cost

representing an unfair financial burden on the basis of incorrect

or incomplete information of the holder of the postal licence, the authority shall decide on the

obligations of the holder of the postal licence not later than 30 days from the date of

the decision to return to the State budget of unduly paid

costs increased by the amount corresponding to 1 per thousand a day from these

paid the cost, up to the amount of paid costs, and

that's the date when their payment occurred, to the date of issue of the decision.



(2) Improperly paid the costs referred to in paragraph 1 shall select and recover

Office. ".



8. In article 36a, paragraph. 1 (c)):



"(c)) provides the net cost of the provision, and the provision of basic

services, issued a decision on the determination of preliminary net cost and

determining net costs represent an unfair financial burden and

decides on the obligations of the holder of the postal licence back to the State

the budget unduly paid costs ".



9. In § 36a, paragraph. 1 the letter n):



"n) Decides to change the design of the contracts for access to postal

infrastructure pursuant to § 34 paragraph. 3. ".



10. In § 36a, paragraph. 3, the words "on the provision and the provision of basic

services in accordance with § 34b "shall be replaced by the words" and the net cost

in accordance with § 34b and 34 c ".



11. In section 37 is at the end of paragraph 3 the dot replaces the comma and the following

letter e), which reads as follows:



"(e)) for each billing period shall publish a report, which contains information

about the certified amount of net costs, intangible and market benefits

the holder of the postal licence under section 34b and on remittances

preliminary net costs and the net cost of representing

an unfair financial burden; This report is part of the annual report on

the activities of the Office in accordance with the law on electronic communications ".



12. In § 37a paragraph. 2 at the end of the letter n) following the word "or", and

letter o) shall be deleted.



Letter p) is referred to as the letter o).



13. In § 37a paragraph. 2 (a). about the number 10 ")" is replaced by "12".



14. In § 37a paragraph. 3 (b). (f)), the words "7 or 8" shall be replaced by "2, 3,

9 or 10 ".



15. In § 37a paragraph. 4 (b). and the words "or) referred to in paragraph 2 (a). about), "

shall be deleted.



16. In § 37a paragraph. 4 (b). (d)), the words "or p)" shall be replaced by "or

about) ".



17. In section 38, paragraph. 2, the words "paragraph. 3 "shall be replaced by the words ' paragraph 4 '. 5. "



18. In section 41, paragraph. 1 the words "§ 32b of the paragraph. 3.0 ' shall be deleted.



Article. (II)



The transitional provisions of the



To pay the net cost of the provision of basic services, which was

applied for before the date of entry into force of this law, shall be treated in accordance with

Act No. 29/2000 Coll., as amended effective before the date of entry into force of

of this law.



Article. (III)



Cancellation provisions



Decree No. 432/2012 Coll. on the method of recording revenues and income

the operator, which provides postal services or provides

foreign postal services, is hereby repealed.



PART THE SECOND



Amendment to the law on State Enterprise



Article. (IV)



Law No. 77/1997 Coll., on the State of the enterprise, as amended by Act No. 30/2000

Coll., Act No. 220/2000 Coll., Act No. 103/2001 Coll., Act No. 77/2002

Coll., Act No. 202/2002 Coll., Act No. 480/2003 Coll., Act No. 110/2007

Coll., Act No. 296/2007 Coll. and Act No. 213/2013 Coll., is hereby amended as follows:



1. In section 4, paragraph 2:



"(2) the Charter is a document capturing all necessary legal

negotiations within the meaning of section 122 of the civil code. An integral part of the

the annex containing the definition of the specified asset. ".



2. In section 6 (1). 1 (a). (b)), for the words "distribution undertaking" shall be inserted the word

"cleavage".



3. In section 7 at the end of paragraph 1 the phrase "distribution may take the form of

split or split. The decision to split the firm through the divestment of

can founder do so only after the prior consent of the Government. By decision of the

on the Division of the firm, as with the transition of the assets of the undertaking to

an existing business is without prejudice to the obligation of the undertaking to apply for grant

permission to link special ^ 24). ".



Footnote 24:



"24) Act No. 143/2001 Coll., on the protection of competition and the

Some laws (law on the protection of competition), as amended by

amended. ".



4. In article 7 (2). 2 the first sentence, after the words "distribution undertaking" is inserted

the word "cleavage", and in the second sentence, after the word "Division" is inserted

the word "cleavage".



5. In section 7, paragraph 4 is added:



"(4) in the case of a merger or Division of the firm must be in the cleavage of the

the founding Charter of a new business or an existing business, which is

or part of the undertaking being acquired together, given a specified property, with

which had the right to manage the undertaking being acquired. In the case where there is an

the distribution company by splitting with the founding of the new company and the designated

assets, with whom he had the right to manage distributed enterprise, is part of the

odštěpované part of the assets of the undertaking, must be distributed in the founding

the Charter of the new undertaking such a specified asset mentioned and made

the corresponding change in the instrument distributed by the company. In the case of

When it comes to the Division of the firm, as part of the transition

distributed by the undertaking on an existing enterprise and the designated assets, with whom he had

the right to manage distributed enterprise, is part of the odštěpované section


assets distributed by the undertaking, must be made to the corresponding change in the

the founding documents and the existing distributed enterprise. In the case of

a merge must be made corresponding to the change of the Foundation Act

the firm with which the company undertaking merged. ".



6. In section 7, the following paragraph 6 is added:



"(6) unless otherwise provided in this Act, shall apply to mergers

and the distribution of business provisions of the Civil Code concerning the conversion of legal

of the person. ".



7. In section 8, paragraph 2:



"(2) when the company passes the defunct firm cleavage of the equity

the newly formed businesses or existing undertaking or undertakings, and

to the extent provided for in the decision of the founder of the Division of

cleavage. When the distribution company, as part of the assets transferred

distributed by the company to the newly formed company or already existing

undertaking, and to the extent provided for in the decision of the founder of the Division of

its separation. ".



8. In section 8 (2). 3 the first sentence, after the words "distribution undertaking" is inserted

the word "cleavage".



9. In section 9 (2). 1, after the words "Over the", the words "in the case of

merge, merging or splitting of the firm cleavage ".



PART THE THIRD



The EFFECTIVENESS of the



Article. In



This law shall enter into force on 1 January 2005. January 2016, with the exception of the provisions

the second section, which shall take effect on the first day of the calendar month

following its publication.



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