128/2016 Sb.



LAW



of 6 May 1999. April 2016,



amending Act 218/2000 Coll., on financial rules and the

changes to some related acts (budgetary rules), as amended by

amended, and certain other laws



PART THE FIRST



Amendment to the law on budgetary rules



Article. (I)



Act 218/2000 Coll., on budgetary rules and amendments

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

Coll., Act No. 141/2001 Coll., Act No. 187/2001 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., Act No. 546/2005 Coll., Act No. 112/2006 Coll., Act No. 130/2006

Coll., Act No. 138/2006 Coll., Act No. 140/2006 Coll., Act No. 230/2006

Coll., Act No. 267/2006 Coll., Act No. 174/2007 Coll., Act No. 270/2007

Coll., Act No. 26/2008 Coll., Act No. 306/2008 Coll., Act No. 109/2009

Coll., Act No. 154/2009 Coll., Act No. 214/2009 Coll., Act No. 227/2009

Coll., Act No. 281/2009 Coll., Act No. 417/2009 Coll., Act No. 421/2009

Coll., Act No. 139/2010 Coll., Act No. 199/2010 Coll., Act No. 427/2010

Coll., Act No. 30/2011 Coll., Act No. 73/2011 Coll., Act No. 366/2011

Coll., Act No. 370/2011 Coll., Act No. 428/2011 Coll., Act No. 456/2011

Coll., Act No. 457/2011 Coll., Act No. 458/2011 Coll., Act No. 465/2011

Coll., Act No. 171/2012 Coll., Act No. 407/2012 Coll., Act No. 501/2012

Coll., Act No. 303/2013 Coll., legal measures the Senate No. 344/2013 Coll.

Act No. 250/2014 Coll., Act No. 25/2015 Coll., Act No. 320/2015 Coll.

Act No. 357/2015 Coll., is amended as follows:



1. In article 2 (2). 1, after the word "If" the words "this or".



2. In paragraph 3 (b). (h)) at the end of the text of point 3, the words "or in the

banks abroad ".



3. In paragraph 3 (b). h) paragraph 10, the words "intended to receive grants from the

the State budget, State funds and national fund ' shall be deleted.



4. In paragraph 3 (b). h) paragraphs 11 to 14 are added:



"11. the accounts of territorial self-governing units and voluntary unions

intended to receive funding from the State budget,

State funds, the National Fund and other resources, that's on them

territorial authorities or voluntary transfer or volumes of municipalities

They shall take to them; These accounts of territorial self-governing units are also intended to

income tax revenue or market share, transferred to these recipients

under the law governing the determination of taxes, if the budget of the territorial

Government unit does this option by written notification

the Ministry and the tax administration,



12. the accounts of the Regional Councils of cohesion regions designated to receive

funds provided from the State budget and the National Fund and the

other resources that the Regional Council of the cohesion regions

converted or they shall adopt,



13. accounts of public research institutions designated to receive funds

provided from the State budget and National Fund and other

the funds that were transferred or public research institutions is

on them shall be



14. the accounts of the public universities designated to receive funds

provided from the State budget, State funds and the National Fund and the

other resources that the public universities are converted or

They shall take, ".



5. In paragraph 3 (b). (h)), the following point shall be inserted after point 14 of 15, including

footnotes # 47 and 51 reads:



"15. the accounts of the general health insurance company in the Czech Republic, including

special account for public health insurance ^ 47), departmental accounts,

industry, business and other health insurance companies and associations

health insurance companies; It does not apply to accounts that are created for the income and

expenditure of zdaňovaných activities ^ 51),



47) section 20 of Act No. 592/1992 Coll., on public health

insurance.



for example, § 51) 6 (1). 2 (a). e) Decree No. 418/2003 Coll., which

provides a more detailed definition of the circuit and the amount of revenue and expenditure of the funds

public health insurance health insurance companies, the conditions for their

the creation, use, the admissibility of the reciprocal transfers of funds and

management, limit the cost of the activities of the health insurance companies

covered from resources of the Fund, including the calculation of the basic steps of this

the limit, as amended by Decree No. 656/2004 Coll., Decree No. 519/2005 Coll.

Decree No. 356/2007 Coll., Decree No. 127/2010 Coll., Decree No.

302/2012 Coll. and Decree No. 280/2014 Coll. ".



The former item 15 shall be renumbered as paragraph 16.



6. In article 6 (1). 1 (b). I), the words "and the property of the United States, with the

who is competent to manage the Department of Defense [section 48, paragraph 2, point (a).

(d))] ' shall be deleted.



7. In article 7 (2). 1 (b). x), the words "to finance the main activities

defined its founder "are deleted.



8. In article 7 (2). 1 dot at the end of the text is replaced by a comma and the following

the new letter), including footnotes # 48, 49 and 50:



"from the expenditure by the directly applicable) Regulations of the European Union to the financial

Tools ^ 48) or Fund of funds ^ 49) in accordance with the concluded agreement on

^ 50) funding.



Article 48). 2 (a). p) Regulation (EU, EURATOM) no 966/2012 of the European

Parliament and of the Council of 25 June 2002. October 2012, laying down the financial

the rules applicable to the general budget of the Union and repealing Council Regulation (EC,

Euratom) No 1605/2002, as amended.



Article 49). 2 (2). 27 of the European Parliament and Council Regulation (EU) No.

1303/2013 of 17 May. December 2013 (CPR) on the

The European regional development fund, the European Social Fund, the

Cohesion Fund, the European agricultural fund for rural development and the European

maritime and Fisheries Fund, laying down general provisions on the European

regional development, European Social Fund, the Cohesion Fund and

The European maritime and Fisheries Fund and repealing Council Regulation (EC) No.

1083/2006, as amended.



50) Article. 38 para. 7 European Parliament and Council Regulation (EU) No.

1303/2013, as amended. ".



9. In section 14 is at the end of paragraph 10, the following sentence "the first sentence is

does not apply to the subsidy, which was granted in the amount of the expenditure,

where applicable, the costs to the beneficiary from its own resources prior to its

provision. ".



10. In section 14 d at the end of the text of paragraph 3, the words "and

contributory organizations ".



11. In paragraph 14e of paragraph 1. 1 the first sentence, after the words "considers" is inserted

the word "reasonably".



12. in section 14f para. 1 and 3, after the word "a" is inserted after the word "reasonably".



13. in section 26 para. 1 (b). a) after the word "section 23", the words "paragraph.

1. "



14. in section 26 para. 1 (b). (h)), after the words "in accordance with" the words "§ 3

(a). about) section 4 and ".



15. In § 33 paragraph 6 is added:



"(6) the owners of accounts pursuant to section 3 (b). (h)) are required to provide

the Ministry of information for continuous monitoring of the development of cash

the funds in such accounts and to control their use, and are

shall be obliged to grant the Czech National Bank consent to provide information about the

the status and movements of funds on the accounts of the Ministry. ".



16. in § 33 para. 7, the words "1 to 9" shall be replaced by ' from 1 to 10 and 15 ".



17. in § 33 para. 8 the first sentence, the words "10 to 15" are replaced by the words "11

up to 14 and 16 "in the second sentence, the words" 1 to 9 "shall be replaced by ' from 1 to 10 and

15 "and the fourth is hereby repealed.



18. in § 33 para. 9, the words "10 to 15" are replaced by the words "11 to 14 and 16".



19. in paragraph 33, the following paragraph 11, which read:



"(11) the owners of accounts pursuant to section 3 (b). h) points 11 to 14 and 16 may, on

to increase the efficiency of the liquidity of the Treasury

the Ministry agreed that the funds keep stored on

the subordinate Treasury account in the agreed amount and on a predetermined

period of time. Part of this agreement is also a negotiation of the amount of money

the replacement of an interest provided by the owners of the accounts by the Ministry according to the

paragraph (9). ".



20. In § 34 paragraph 6 is added:



"(6) the Department is authorized to establish the account holders in accordance with § 3

(a). h) terms and the scope of payment implementation mode and enable its

exceptions for the execution of payment transactions in the accounts referred to in paragraph 3 (b). (h));

the provisions of § 33 para. 8 the first sentence or the provisions of the special legal

without prejudice to the rules. ".



21. in section 34 para. 8 the first sentence, and the third, the words "and branch offices

foreign banks "are replaced by the words" or in banks abroad ".



22. in section 35 para. 5 the first sentence, the words "public funds" shall be replaced by

"the owners of the accounts referred to in paragraph 3 (b). (h)), with the exception of organisational units

the State and the organizations that are not medical

devices ".



23. in section 35 para. 6, after the words "paragraph 5", the words "and in accordance with §

35A para. 4. "



24. the following section is inserted after section 35 35a is added:



"section 35a



(1) the Ministry is authorised to accept on the basis of the decision of the Government

The Czech Republic a loan from the European Investment Bank, the Development Bank

The Council of Europe or other international financial institutions to the financing of

specific programs or projects.



(2) a credit agreement referred to in paragraph 1 and concludes for the Czech


the Republic's Finance Minister. To exercise the rights and obligations of the United States

under the credit agreement and to the management of funds from the received

the loan is the relevant Ministry.



(3) the resources obtained a loan can be used in the year of the payment of

expenses that have been budgeted for in the State budget. In the years

following the year of adoption of the loan will be paid from the expenditure of the funds

the acquired loan budgeted.



(4) if the Government, the Ministry is entitled to the funds obtained

use the loan in accordance with § 35 para. 6 the provision of leases and loans

the State funds and, where appropriate, other persons, on the financing of the

specific programs or projects. ".



25. In § 45 para. 10 the second sentence, after the word "income" comma deleted.



26. the footnote No. 44, including a reference to it is deleted.



27. in § 48 para. 4 (b). (d)), the words "special law ^ 46)" are replaced by

the words "by the law governing liability insurance

vehicle ^ 46) ".



Footnote No 46 is added:



"46) § 23a para. 3 of Act No. 168/1999 Coll., as amended by Act No. 160/2013

Coll. ".



28. in paragraph 53, the following paragraphs 7 and 8 shall be added:



"(7) the subsidized organizations having representation abroad can

prior consent of the founder set up an account with a bank in a foreign country to

the concentration of income and to ensure cost recovery.



(8) the subsidized organizations may, after prior consent of the Ministry of

set up bank accounts, from which you can make payments related to

travel through payment cards when you work

the go. Through payment cards can be of these accounts

make further payments, whose payment is not possible in any other

way. ".



29. in § 54 para. 1 (b). e) and (f)), the word "operational" is deleted.



30. In paragraph 55, at the end of the text of paragraph 5, the following sentence "the provisions of the

paragraphs 2 and 3 shall also apply to subsidized organizations, for which the

the economic result was impaired due to a transfer of assets can be

because of the implementation of the obligations under the law on securities settlement with

Churches ^ 52). ".



Footnote # 52:



"52) Act 428/2012 Coll. on securities settlements with churches and

religious societies and on amendments to certain acts (the Act on

securities settlements with churches and religious societies), as amended by

Act No. 177/2013 Coll. ".



31. In article 57, paragraph 5, including footnote # 28a shall be deleted.



32. At the end of section 75 shall be supplemented with the phrase "the provisions of § 14 para. 10 the second sentence

It is not the first sentence. ".



33. In paragraph 77, at the end of paragraph 1, the following sentence "to change the conditions under

which until 31 December 2006. December 2000 provided the subsidy decision

the provider shall apply to § 14 para. 13. ".



Article II



Transitional provisions



1. the subsidized organizations and State Organization railway

traffic routes that have accounts with banks or other

payment service providers shall establish, not later than 9 months from the date of

entry into force of this Act, instead of a new Czech national accounts

the Bank shall transfer the funds to them from existing accounts with banks or

other providers of payment services and current accounts held with

the Bank or other payment service providers. By the time of

transfer of funds to the Czech National Bank are these

operators are required to inform the Ministry of Finance of the tenth day of

each month on the number of accounts held in banks or other

payment service providers to the last day of the preceding month

and with an average amount of resources to them for the previous month.



2. the general health insurance company, industry-wide, departmental, corporate and other

health insurance companies and associations, health insurance companies, that have guided

accounts with the bank or other payment service providers, shall establish

not later than 9 months from the entry into force of this Act, instead of them

new accounts at the Czech National Bank, transferred the funds to them from

current accounts with the bank or other payment service providers

and current accounts held with the bank or other payment providers

services cancelled. Selected current accounts held with the bank or other

payment service providers. These accounts may be

transfer of funds under the first sentence used only from

the specific reasons for receiving funds, and the funds

to them must be accepted without delay transferred to accounts in the Czech national

of the Bank. The accounts under the second sentence shall be deleted no later than 24 months

from the entry into force of this Act. Until the cancellation of accounts maintained in

Bank or other payment service providers are entities

referred to in the first sentence shall be obliged to inform the Ministry of finance to

the 10th day of each month on the number of these accounts on the last day

the previous month and the average amount of funds to them for

the previous month.



3. Cash on accounts with banks or other providers

payment services, which it was not possible to cancel due to the fact that the

the funds could not be converted to the Czech National Bank to 9

months after the entry into force of this law, shall transfer allowance

Organization, administration, State Organization railway transport route,

General health insurance company, industry-wide, departmental, corporate and other

health insurance companies and associations, health insurance companies in the Czech national

the Bank shall immediately after the disappearance of reason that could not be converted

previously. Until the transfer of funds to the Czech National Bank

they are the entities referred to in the first sentence shall be obliged to inform the Ministry of

Finance before the 10th day of each month on the number of accounts held in banks

or for other payment service providers to the last day

the previous month and the average amount of funds to them for

the previous month. After the expiry of 9 months from the entry into force of this

the law can be accounts referred to in the first sentence lead only with the consent of the Ministry of

finances.



PART TWO



Amendment of the Act on general health insurance company in the Czech Republic



Article. (III)



Act No. 551/1991 Coll., on the Czech General health insurance company

Republic, as amended by Act No. 592/1992 Coll., Act No. 10/1993 Coll.

Act No. 60/1995 Coll., Act No. 149/1996 Coll., Act No. 48/1997 Coll.

Act No. 305/1997 Coll., Act No. 93/1998 Coll., Act No. 127/1998 Coll.

Act No. 69/2000 Coll., Act No. 132/2000 Coll., Act No. 220/2000 Coll.

Act No. 49/2002 Coll., Act No. 420/2003 Coll., Act No. 455/2003 Coll.

Act No. 438/2004 Coll., Act No. 17/2006 Coll., Act No. 261/2007 Coll.

Act No. 296/2007 Coll., Act No. 362/2009 Coll., Act No. 188/2011 Coll.

Act No. 298/2011 Coll., Act No. 369/2011 Coll., Act No. 458/2011 Coll.

Act No. 60/2014 Coll., Act No. 109/2014 Coll., Act No. 256/2014 Coll.

Act No. 200/2015 Coll., is amended as follows:



1. in paragraph 4 (b)) shall be deleted.



Subparagraph (c)) and (d)) shall become point (b)), and (c)).



2. In article 7 (2). 1 (b). (b)), the third sentence shall be deleted.



3. in article 7, paragraph 5 shall be deleted.



Paragraphs 6 and 7 are renumbered as paragraphs 5 and 6.



PART THREE



Amendment of the Act on departmental, industry, corporate, and other health

the insurance companies



Article IV



Act 280/1992 Coll., on departmental, industry, corporate, and other

health insurance undertakings, as amended by Act No. 10/1993 Coll., Act No.

15/1993 Coll., Act No. 60/1995 Coll., Act No. 149/1996 Coll., Act No.

48/1997 Coll., Act No. 93/1998 Coll., Act No. 127/1998 Coll., Act No.

225/1999 Coll., Act No. 220/2000 Coll., Act No. 49/2002 Coll., Act No.

420/2003 Coll., Act No. 438/2004 Coll., Act No. 117/2006 Coll., Act No.

267/2006 Coll., Act No. 261/2007 Coll., Act No. 296/2007 Coll., Act No.

351/2009 Coll., Act No. 362/2009 Coll., Act No. 188/2011 Coll., Act No.

298/2011 Coll., Act No. 369/2011 Coll., Act No. 458/2011 Coll., Act No.

60/2014 Coll., Act No. 109/2014 Coll., Act No. 256/2014 Coll. and Act No.

200/2015 Coll., is amended as follows:



1. In article 12 paragraph 2. 2 (a)) shall be deleted.



Subparagraph (b)), and (c)) shall become letters and) and (b)).



2. in section 18 para. 1, the third sentence shall be deleted.



3. In article 19 (1) including footnote # 26:



"(1) from the funds of the basic Fund employee insurance

can employment insurance use resources corresponding to 1

per mille of the premiums on health insurance premiums after redistribution

carried out pursuant to the Act on public health insurance ^ 26)

for the immediately preceding calendar year as the source of the Fund for the prevention

When the conditions of fulfillment of the Reserve Fund and balance

management. For the fulfilment of these conditions can the employment insurance Office

convert as the source of the Fund also funds prevention of operational

the Fund and the income from fines, increases to premiums and penalties

posted by the insurance company in the field of public health insurance.



26) Act 592/1992 Coll., on public health insurance,

as amended. ".



4. In article 19, paragraph 2 shall be deleted.



The former paragraph 3 shall become paragraph 2.



PART FOUR




Amendment of the Act on the State agricultural intervention fund



In section 6a of the Act No. 256/2000 Coll., on the State agricultural intervention fund

and amending certain other acts (the Act on the State farm

the intervention fund), as amended by Act No. 179/2014 Coll., on the end of the

paragraph 4 the phrase "financial resources for the Undrawn Bank

accounts referred to in paragraph 1 (b). and (b)),) are subject to the financial settlement for

year in which the payment of the total volume of legitimate claims

applicants for the measure concerned. Unused financial resources to

Bank accounts referred to in paragraph 1 (b). (j)) returns the Fund into an account specified

The Ministry of agriculture. ".



PART FIVE



The EFFECTIVENESS of the



Čl.VI



This Act shall take effect on the 15th day following its publication.



Hamáček in r.



Zeman in r.



Sobotka in r.