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To Change The Laws In Connection With The Adoption Of The Law On Public Procurement

Original Language Title: změna zákonů v souvislosti s přijetím zákona o veřejných zakázkách

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138/2006 Sb.



LAW



of 14 June. March 2006,



amending certain laws in connection with the adoption of the law on

public procurement



Parliament has passed the following Act of the Czech Republic:



PART THE FIRST



The amendment to Act No 634/2004 Coll., on administrative fees



Article. (I)



In the tariff of the administrative charges referred to in the annex to the Act No 634/2004

Coll., on administrative fees, entry 64, including footnotes, No 41

added:

"Item 64

Acceptance of the application for registration in the list of qualified suppliers ^ 41) Czk 3 000

The adoption of the request for modification of a registration in the list of qualified suppliers ^ 41) Czk 1 000

Acceptance of the application for approval of a system of certified suppliers ^ 41) EUR 20 000

Acceptance of the application for approval of changes in the system of certified suppliers ^ 41) Czk 5 000



41) Act No. 137/2006 Coll., on public procurement ".



PART THE SECOND



Amendment to Act No. 436/2004 Coll., amending certain laws in the

connection with the adoption of the law on employment



Article II



In Act No 436/2004 Coll., amending certain laws in connection with the

the adoption of the Employment Act, a part of the 50th fourth repealed.



PART THE THIRD



The amendment to Act No 437/2004 Coll., amending Act No. 50/1976 Coll., on the

land use planning and the building code (the building Act), as amended by

amended, law No. 76/2002 Coll. on integrated pollution prevention and

pollution control, integrated pollution registry and amending

Some laws (the law on integrated prevention), as amended by Act No.

521/2002 Coll., and Act No. 40/2004 Coll., on public procurement



Article. (III)



Law No 437/2004 Coll., amending Act No. 50/1976 Coll., on the

land use planning and the building code (the building Act), as amended by

amended, law No. 76/2002 Coll. on integrated pollution prevention and

pollution control, integrated pollution registry and amending

Some laws (the law on integrated prevention), as amended by Act No.

521/2002 Coll., and Act No. 40/2004 Coll., on public procurement, is part of the

the third is repealed.



PART THE FOURTH



Amendment of the Act No. 60/2005 Coll., amending Act No. 440/2003 Coll.

dealing in rough diamonds, on the conditions of their import, export and

transit and on amendment to certain laws, and law No 40/2004 Coll., on

public procurement as amended



Article IV



Law No 60/2005 Coll., amending Act No. 440/2003 Coll.

dealing in rough diamonds, on the conditions of their import, export and

transit and on amendment to certain laws, and law No 40/2004 Coll., on

public procurement as amended, part two

repealed.



PART THE FIFTH



Amendment to Act No. 124/2005 Coll., amending Act No. 117/1995 Coll., on

State social assistance, as amended, law No.

482/1991 Coll., on Social Neediness, as amended,

Act No. 235/2004 Coll., on value added tax, as amended

legislation, law No 40/2004 Coll., on public procurement, as amended by

amended



Article. In



Law No 124/2005 Coll., amending Act No. 117/1995 Coll., on

State social assistance, as amended, law No.

482/1991 Coll., on Social Neediness, as amended,

Act No. 235/2004 Coll., on value added tax, as amended

legislation, law No 40/2004 Coll., on public procurement, as amended by

amended, part four shall be deleted.



PART SIX



Amendment of the Act No. 179/2005 Coll., amending certain laws in the

connection with the adoption of the law on the abolition of the national property Fund of the Czech

of the Republic of



Čl.VI



In Act No. 179/2005 Coll., amending certain laws in connection with the

the adoption of the law on the abolition of the national property Fund of the Czech Republic,

part of the twenty-seventh is deleted.



PART SEVEN



Amendment to Act No. 253/2005 Coll., amending certain laws in the

connection with the adoption of the law on labour inspection



Article. (VII)



Law no 253/2005 Coll., amending certain laws in connection with the

the adoption of the law on labour inspection, part of the fourteenth repealed.



PART EIGHT



Amendment to Act No. 377/2005 Coll., on the supplementary supervision of banks,

spořitelními and úvěrními associations, electronic money institutions,

insurance companies and traders in securities in the financial conglomerates directive

and amending certain other acts (the Act on financial conglomerates)



Article. (VIII)



Law No 377/2005 Coll., on the supplementary supervision of banks, spořitelními

and úvěrními associations, electronic money institutions, insurance undertakings and

traders in securities in the financial conglomerates directive and amending

certain other laws (the law on the financial conglomerates directive), is part of the

twenty-eighth be deleted.



PART NINE



The amendment of law no 413/2005 Coll., amending laws in connection with the adoption of the

the law on the protection of classified information and security.



Article. (IX)



Law no 413/2005 Coll., amending laws in connection with the adoption of the

the law on the protection of classified information and the security of the eligibility,

part 61 is repealed.



PART TEN



Amendment of the Act on the promotion of regional development



Article. X



Act No. 248/2000 Coll., on the promotion of regional development, in the text of the Act

No. 320/2002 Coll., is hereby amended as follows:



1. section 15 including a footnote No 6:



"§ 15



For needs associated with the coordination and implementation of economic and social

coherence with the instruments establishing the regions, whose territorial definition is identical to the

territorial statistical units NUTS 2 ^ 6) (hereinafter referred to as "region

cohesion "). These cohesion regions:



and Prague, defined territories) of Prague,



(b)) a defined territory, Central Bohemia, Central Bohemia,



(c)), as defined by the territory of southern Bohemia and Pilsen region,



(d)), defined the territory Northwest of the Karlovy Vary and Ústí region,



e) northeast, as defined by the territory of Liberec, Hradec Králové, and

Pardubice region,



(f)), as defined by the territory of South Moravia and Vysočina region,



(g)), a defined territory of Central Moravia Olomouc and Zlín region,



(h) a defined territory of the Moravia-Silesia), Moravian-Silesian region.



6 communication from the Czech Statistical Office) no 228/2004 Coll., on the update

Nomenclature of territorial statistical units (NUTS-). ".



2. section 16 including title and footnotes no 6a and 6b:



"The Regional Council of the cohesion region



section 16 of the



(1) in the cohesion regions are hereby set up:



and the Regional Council of the cohesion region) Prague, based in Prague,



(b) the Regional Council of the cohesion region), Central Bohemia, located in

Prague,



(c)) the Regional Council of the cohesion region South-west, based in the Czech Republic

České Budějovice,



(d) the Regional Council of the cohesion region) Northwest, headquartered in the mouth

nad Labem,



(e) the Regional Council of the cohesion region) Northeast, based in Hradec

The Kings,



(f) the Regional Council of the cohesion region) to the Southeast, based in Brno,



(g)), the Regional Council of the cohesion region Moravia, established in

Olomouc,



(h)), the Regional Council of the cohesion region Moravia-Silesia, based in

Ostrava.



(2) the Regional Council of the cohesion region (hereinafter referred to as "Regional Council") is the

a legal person.



(3) the Regional Council is the governing body of the regional operational ^ 6a)

the programme for the region.



(4) the authorities of the Regional Council is the Regional Council Committee (hereinafter referred to as

"the Committee"), the President of the Regional Council (hereinafter referred to as "the Chairman") and the Office

The Regional Council (hereinafter referred to as "the authority").



(5) on the relationship between the State and the Regional Council in the activities covered by

by law, subject to the provisions on the scope of the transferred districts similarly ^ 6b).



6a) Council Regulation (EC) No 1260/1999 of 21 June 1999. June 1999 on the General

the provisions on the structural funds.



6B) Act No. 129/2000 Coll., on the regions (regional establishment), as amended by

amended. ".



3. under section 16 shall be inserted a new section 16a to 16 g, including title and

footnote No 6 c 6f up to:



"§ 16a



The Regional Council is running under its own budget under the conditions

laid down by a special legal regulation ^ 6 c) and ensures the performance of financial

checks pursuant to special legal regulation ^ 6 d). Regional Management

the Council for the previous calendar year shall be reviewed according to a special legal

Regulation of the ^ Ministry of finance 6e).



section 16b



The revenue of the budget of the Regional Council



The revenue of the budget of the Regional Council shall include:



and subsidies from the State budget) on the financing of the programmes

financed by the budget of the European Union,



(b) subsidies from the budgets of the regions) on the financing of the programmes co-financed by the

the budget of the European Union,



(c) subsidies from the budgets of the regions) on the activities of the Regional Councils,



d) revenue from own assets and property rights,



e) received cash donations and contributions,



(f)) received loans, credits and returnable financial assistance,



(g)), interest on deposits, penalties and other payments received in connection with

using the resources of the Regional Council.



section 16 c



The expenditure budget of the Regional Council



The budget of the Regional Council shall be in particular:



and programmes co-financed expenditure) of the budget of the European Union and the

the obligations arising for the Regional Council of the fulfilment of the obligations imposed

her laws,



(b) expenditure on its own activities) of the Regional Council,



(c) payments received loans) loans and returnable financial assistance,



d) penalties for infringement of budgetary discipline.



The Committee of the



§ 16d



(1) the members of the Committee shall elect from its members of the Municipal Council of regions that make up the

cohesion of the region. If the cohesion region consists of one region, has

the Committee of 15 members. If the cohesion region consists of multiple regions, each

region 8 members represented on the Committee.



(2) the Committee shall exercise its powers even after their term of

the regional councils until the election of the new Committee.



(3) a member of the Committee is a public function ^ 6f).



(4) the Committee shall decide by resolution.



(5) in the case of the cohesion region consisting of one region, the Committee is

a quorum is present, if an absolute majority of all the members of the

of the Committee. To the adoption of a resolution in that case is to be by an absolute majority of the

the votes of all the members of the Committee.



(6) in the case of the cohesion region consisting of multiple regions, the Committee is

a quorum is present, if an absolute majority of all the members of the Committee

selected in the individual regions that make up the region of cohesion. To

the adoption of the resolution is in this case should be by an absolute majority of the votes


all members of the Committee elected in individual regions that make up region

cohesion. If it is not accepted in this manner, the Committee resolution

appoint a Conciliation Commission composed of 2 members of the Committee from each of the regions,

which shall submit a draft resolution of the issues Committee for reconsideration.



(7) the Committee shall meet as necessary but at least once every 3 months.



(8) for more details of the actions and decisions of the Committee shall lay down the rules of procedure

of the Committee.



§ 16e



(1) the Committee shall consider and decide on matters related to the implementation of the regional

of the operational programme, and in particular approves:



and implementation and management) documentation for the regional operational programme,



(b)) the measures relating to the publicity and awareness of Regional

the operational programme,



(c) selection of projects) the Regional Council shall provide subsidies or repayable

financial aid,



(d)) annual and final report on implementation, as well as other reports and

documents associated with the implementation of the regional operational programme,



(e)) other matters if so provided by the rules of procedure of the Committee.



(2) the Committee shall approve the budget of the Regional Council and the

the final account of the Regional Council.



section 16f



The President of the



(1) the Committee appoints from among its members a Chairman and a Vice-Chairman.

The number of Vice-Presidents shall be set so that each County was in the Committee

represented by either the Chairman or Vice-Chairman of the Committee.



(2) the President of the Regional Council is the statutory body and shall represent it

outwardly. Of its activities is the responsibility of the Committee.



(3) the Chairman shall convene meetings of the Committee and directs.



(4) the President shall represent the Vice-Chair, in his absence. If

more Vice-Presidents elected, the President shall represent the Vice-Presidents in order of

established by the Committee.



§ 16 g



Conflict of interest



(1) the performance of the duties of a member of the Committee is incompatible with the functions of the Director and the

employment to the Regional Council.



(2) in the case of a conflict of interest in the case of the Chairman, the Vice-Chairman and a member of the Committee,

proceed under special legislation ^ 6b).



6 c) Law No 250/2000 Coll., on the budgetary rules of the local budgets,

in the wording of later regulations.



6 d) Act No. 320/2001 Coll., on financial control in the public administration and of the

amendments to certain acts (the Act on financial control), as amended

regulations.



6E) Act No 420/2004 Coll., on the review of the management of the territorial

authorities and voluntary municipalities.



6F) § 2 (2). 1, § 124 and 206 of the labour code ".



4. § 17 including title:



"§ 17



The Office of the



(1) the authority of the Executive authority is the Regional Council, which provides all the

the tasks associated with the functions of the managing authority of the regional operational programme

with the exception of those matters that are entrusted to the Committee under section 16e.



(2) the authority shall carry out further tasks related to the professional, organisational and technical

security activity of the Regional Council.



(3) at the head of the Office of the Director of the Office (hereinafter referred to as "the Director"). The Director of the

appointed and recalled by the Committee on the proposal of the President; appointment based work

the ratio to the Regional Council. The Director is subordinated to the President.



(4) the Director of the



and) to employees of the Regional Council the function of the statutory authority

the employer,



(b)) provides for the salaries of the employees of the Regional Council in accordance with paragraph 6,



(c)) is the parent of all the employees of the Regional Council, and checks their

activity.



(5) the organizational structure, number of employees and the budget of the Office shall determine the

the Committee.



(6) The status, rights and obligations of the employees of the Regional Council is

subject to the provisions of the Act on officials of territorial self-governing units

Similarly,. ".



Article. XI



The transitional provisions of the



Date of entry into force of this law on the Regional Council

cohesion regions the rights and obligations arising from the activities of the Regional Council

established for each of the regions referred to in the existing cohesion legal

editing.



PART ELEVEN



To change the budget rules



Article. XII



Law No. 218/2000 Coll. on budgetary rules and amending certain

related acts (budgetary rules), as amended by Act No. 493/2000

Coll., Act No. 143/2001 Coll., Act No. 185/2001 Coll., Act No. 320/2001

Coll., Act No. 450/2001 Coll., Act No. 202/2002 Coll., Act No. 320/2002

Coll., Act No. 479/2003 Coll., Act No. 186/2004 Coll., Act No. 257/2004

Coll., Act No. 436/2004 Coll., Act No. 482/2004 Coll., Act No. 1/2005

Coll., Act No. 127/2005 Coll., Act No. 361/2005 Coll., Act No. 377/2005

Coll. and Act No. 546/2005 Coll., is hereby amended as follows:



1. In section 7 (2). 1 for the letter j) the following new subparagraph to), including

footnote No. 11a is inserted:



") subsidies and returnable financial assistance to the regional councils of the regions

cohesion ^ 11a)



11A) Law No 248/2000 Coll., on the promotion of regional development, as amended by

amended. ".



Letters to) up in) are referred to as the letter l) to w).



Former footnote No. 11a to 11e are renumbered as notes

footnote No. 11b to 11f and including references to footnotes.



2. In article 7 (2). 2 the words "(a). k) to (n)) "shall be replaced by the words" (a). l) to

about) ".



3. In article 14, paragraph. 3 at the end of paragraph (i) is replaced by a comma and dot)

the following new subparagraph (j)), which read:



"j) list of natural and legal persons paid from funds

provided from the State budget, which is not covered by the law on the

public procurement. ".



4. In article 14, paragraph 10 shall be deleted.



5. In section 37, paragraph 1 reads:



"(1) the National Fund's summary



and) of funds European Community entrust Czech

Republic to the implementation of programmes or projects co-financed by the

the budget of the European Union, with the exception of community support for the development of

rural, and



(b)) the funds of the financial mechanisms of the European economic

space, Norway and Switzerland, which are the Czech Republic, conferred on the

the basis of international treaties. "



6. In section 37, paragraph. 2, the second sentence shall be deleted.



7. the following section shall be added to § 75a 75b, including footnotes, no 34

added:



"§ 75b



The Ministry leads the central register in which processes the data on

subsidies, returnable financial assistance and other similar

^ 34) provided by transfers from the State budget, State funds,

the State of financial assets and the National Fund (hereinafter referred to as "Central

Registration grants "). Their providers are obliged to the Central

Registration grants record details of them and their beneficiaries,

where appropriate, the following data transfer into it from other records if they contain

set data. The content and scope of the data that is recorded or transmitted

to the central register of subsidies and the procedures and time limits, which, in this

recording and transfer providers, provides for the Ministry of

by Decree.



section 2, paragraph 34). 3 Decree No. 323/2002 Coll. on budgetary. ".



PART OF THE TWELFTH



The amendment to the law on budgetary rules of territorial budgets



Article. XIII



Law No 250/2000 Coll. on budgetary rules of territorial budgets in

the text of Act No. 450/2001 Coll., Act No. 320/2001 Coll., Act No.

320/2002 Coll., Act No. 421/2004 Coll., Act No. 557/2004 Coll., Act No.

562/2004, law No. 635/2004 Coll. and Act No 342/2005 Coll., amended

as follows:



1. In article 1, the following paragraph 4, including the footnote 2a

added:



"(4) the provisions of the second and third parts of this law also governs the

the management of the regional councils of the regions cohesion ^ 2a) with the exception of the

the provisions of sections 7 to 10.



2A) section 16 of Act No. 248/2000 Coll., on the promotion of regional development, in the

the text of Act No. 137/2006 Coll. ".



2. In section 10, at the end of paragraph 1, the period is replaced by a comma and the following

Letter to), which read:



"the Regional Council) of the cohesion region.".



3. In section 22, the third sentence of paragraph 3 is replaced by the phrase "of its store

decides on, the capital city of Prague and the Regional Councils of the region

the Ministry of finance and the cohesion of communities and municipalities, the competent

the regional authority delegated competence. ".



PART THIRTEEN



Amendment of the Act on financial control



Article. XIV



In section 7 (2). 2 (a). and Act No 320)/2001 Coll., on financial control in the

public administration and on the amendment of certain laws (law on financial control),

as amended by Act No. 421/2004 Coll., the words ' public funds ' shall be

the words ", the regional councils of the regions cohesion" and deleted the words

"documents".



PART OF THE FOURTEENTH



Amendment of the Act on the review of the management of territorial self-governing units



Article. XV



Law No. 420/2004 Coll., on the review of the management of the territorial

authorities and municipalities, voluntary nature, as amended by Act No.

413/2005 Coll., is hereby amended as follows:



1. In article 1, the words "of the" word "and" shall be deleted and the words

"voluntary municipalities" with the words "and Regional Councils

cohesion regions ".



2. Footnote 1 is added:



"1) § 17 paragraph. 4 of law no 250/2000 Coll. on budgetary rules

local budgets, as amended.



section 16 of Act No. 248/2000 Coll., on the promotion of regional development, as amended by

Act No. 138/2006 Sb. ".



3. In article 11, the words "with the Governor of the region," the word "and" shall be replaced by a comma and

the words "with a person specified by the statutes of voluntary volume municipalities"

the words "and in the case of the Regional Council of the cohesion region with its

the President ".



PART FIFTEEN



The EFFECTIVENESS of the



Article. XVI



This Act shall take effect on the first day of the third calendar month after

the date of its publication.



Zaorálek in r.



Klaus r.



Paroubek in r.