On The Adjustment Of Some Relations In The Area Of Public Aid

Original Language Title: o úpravě některých vztahů v oblasti veřejné podpory

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now

Read the untranslated law here: https://portal.gov.cz/app/zakony/download?idBiblio=57818&nr=215~2F2004~20Sb.&ft=txt

215/2004 Coll.



LAW



on 2 December. April 2004



on the adjustment of some relations in the area of public aid, and on the amendment of the law on

research and development support



Change: 109/2009 Sb.



Change: 109/2009 Coll. (part)



Change: 109/2009 Coll. (part)



Change: 236/2012 Sb.



Parliament has passed the following Act of the Czech Republic:



PART THE FIRST



SOME RELATIONS IN THE AREA OF PUBLIC AID



§ 1



The subject of the edit



This law regulates the following on directly applicable provisions of the European

Union ^ 1) performance of State administration in the area of public aid, the rights and

the obligations of the providers and recipients of public aid and the aid of a small

the extent of the public support the coordinating authority (hereinafter referred to as

"the coordinating authority"), some of the questions the synergies of the Czech Republic with

The European Commission (hereinafter referred to as "the Commission"), as well as some additional relationships with

the provision of public support and promotion of small scale related.



§ 2



Definition of terms



For the purposes of this Act, means the



and public support for aid), as defined in article 107 of the Treaty on the functioning of the

The European Union,



(b) support small scale) the aid granted on the basis of direct

applicable European Union legislation on de minimis aid ^ 7),



(c)) the provider of public aid (hereinafter referred to as "provider") is the one who

shall decide on the grant of public aid; If the granting of the public

the aid shall be decided by the Government of the Czech Republic, this means the provider

Ministry or other central administrative authority that the proposal on the granting of

public support or design a program of public aid has submitted to the Government

The Czech Republic,



(d) the provider support small scale) the one who decides on

the provision of support to small scale,



e) recipient of public aid (hereinafter referred to as "the recipient") a natural or

legal person in whose favour the granting of public aid

decided,



(f) receiving the aid) small scale natural or legal person, in

the benefit was for the provision of support to small scale decided



g) coordination body Ministry of agriculture or the Office for the protection of

of competition (hereinafter referred to as "the authority"), which shall carry out the extent of their

the scope of the central coordinating, advisory, consulting and

monitoring activities in the area of public aid,



(h) the date of granting of the aid) the small scale of the day when the beneficiaries of the aid

small scale on this support will create a legal claim that the emergence of the

legal claim means the date the legal effects of the Act

on the basis of which the aid was small scale to the recipient.



§ 3



Competence in the area of public aid



(1) the authority shall exercise the responsibilities of the coordinating authority outside the area

Agriculture and fisheries.



(2) the Ministry of agriculture shall perform the responsibilities of the coordinating authority,

among the activities referred to in paragraph 3 (b). (d)), in the area of public

aid to agriculture and fisheries.



(3) the coordinating authority



and) works with the provider prior to the notification of public aid to the Commission,



b) cooperate with the Commission and with the supplier in the course of the proceedings before the

By the Commission,



(c)) shall submit an annual report on the public aid provided

on the territory of the Czech Republic,



(d)) shall exercise control ^ 2) over the final decision on the fulfilment of the public

Support Office in accordance with the legislation in force prior to the effective

This law,



e) shall decide on the imposition of fines under this Act,



(f)) passes public support to the Commission,



g) deliver opinions to the submission made by the provider before

procedure before the Commission and in its course,



h) publishes opinion providers to support small scale prior to its

by providing, in particular, whether it is for support of small scale and whether they are

filled with the conditions for the granting thereof,



I) reviews the fulfilment of the obligation according to § 3a paragraph. 4 and stores the measures

to correct,



j) leads the management according to § 8, paragraph. 2,



to represent the Czech Republic) in the handling and preparation of legal

European Union legislation concerning the issue of public support,



l) is the administrator of the central register of aid small scale (hereinafter referred to as

"central registry"), which is the information system of public administration

under special legislation ^ 3).



section 3a



Evidence aid small scale



(1) the central registry is the information system of public administration,

contains information about the aid granted to small scale.



(2) data on the total support of the central register of small scale, which

the recipient has received, are accessible to the provider in the form of remote

access.



(3) the supplier is obliged to support small scale before providing

support small scale in the central registry to verify whether the provision

the aid does not



and fixed limit), the beneficiaries of a small range in the

directly applicable regulation in the European Union,



(b)) to the limit laid down in the field of agriculture and fisheries for

The Czech Republic in the European Union, directly applicable regulation.



(4) the service provider shall support small scale in the legal act

the provision of support to small scale name directly applicable regulation

The European Union, according to which the aid was granted to small scale ^ 7);

within 5 working days from the date of granting of the aid records provider

support small scale in the central register of the data provided by the

the promotion of small scale and its recipients.



§ 4



Procedure before the Commission



(1) Providers in cooperation with the coordination body shall act with the Commission

in proceedings relating to notified of public aid, illegal public

support, abuse of public aid, the existing public support schemes,

during the on-spot investigation and in the context of the notification of the decision.



(2) service providers will require a previous opinion of the coordinating authority

the submissions made before the commencement of the proceedings before the Commission and in its course.



(3) the coordinating authority shall issue an opinion no later than 5 working days, in

the case of the agriculture and fisheries within 15 working days from the date of delivery of the

request. In the event that a coordinating body in this period

issued, it shall be deemed that his opinion on the Administration is positive.



(4) the service provider announces the public support to the Commission in electronic form

through the coordinating body. The coordinating authority shall immediately

inform the provider about the transmission of the notification to the Commission.



§ 5



The provision of documents and other information relating to public aid



(1) the provider is obliged to submit to the coordinating authority



30.) April calendar year information about the public aid

provided for in the preceding calendar year and the ongoing

public support programmes; the information that the service provider is obliged to

coordinating authority in the present, provides for a directly applicable regulation

The European Union ^ 8),



(b)) within 10 days of the date on which it is filed, copies, or copies of any

the filing, made in proceedings under section 4, and copies or copies of

all of the submissions and the decision in proceedings under section 4, which were

delivered within 10 days from their delivery, and



(c)) all other coordination body requested documents and other

information concerning the public aid or public aid programs in

the time limit fixed by the Office. The coordinating authority shall lay down the period reasonably with

regard to the scope and availability of the requested information and documents.



(2) the recipient is obliged to the coordinating authority on the written request of the

within the prescribed period to submit all documents and other information

concerning the public aid; to identify the recipient-a natural person is

the coordinating authority shall be entitled to require only the name and data communication

recipient's last name, date of birth and address of the place of residence. When

the determination of the time limit, the Office referred to in paragraph 1 (b). (c)).



(3) the documents and information referred to in paragraphs 1 and 2 are the provider and

the recipient shall be obliged to submit to the coordinating authority full and true.



(4) all documents and other information relating to the notification of the public

support and management in accordance with § 4 of the provider is obliged to submit

the coordinating authority, on request, also in electronic form.



§ 6



The investigation carried out by the Commission



(1) where the Commission implements on the territory of the Czech Republic on-spot investigation, are

providers and recipients must provide the coordinating authority,

The Commission and the persons entrusted with her the necessary synergies.



(2) the provider or the recipient, which does not comply with the obligation referred to in paragraph

1, the coordinating authority fined to save 100 000 Czk.

You can save and fined repeatedly. The sum of the following saved

the police fines may not exceed the amount of Czk 1 0000 0000.



§ 6a



Confidentiality



The staff of the coordinating body carrying on business, in which he learns

the fact of forming the subject of the trade secrets or confidential

information, are obliged to maintain secrecy about them. This obligation

even after termination of their employment relationship. The obligation to

the confidentiality obligation shall not apply if the staff serving on such

facts and data, the testimony of the prosecuting authorities in criminal proceedings or

in the proceedings before the Court, or if the challenge of these authorities or

the Court served a written representation. Violation of obligation to maintain

confidentiality is the provision of information and data to the Commission, the authority,
Ministry or other administrative authorities for the purposes of the performance of their

the scope of or obligations. In this case, the recipient is obliged to

to ensure the same level of confidentiality of information and data as the transferring.

For waiver maintain confidentiality and its extent shall be decided by

the head of the coordinating body or by authorized personnel.



section 7 of the



The procedure for the repayment of public aid



(1) if the Commission decides on the return or the return of the provisional public

the aid is granted by the public support for beneficiary shall return

provider, or his successor in title, including interest

laid down by the Commission.



(2) the provider shall without undue delay take all

necessary measures to ensure fulfilment of the obligations under paragraph 1. For

the purpose of the recipient's provider without delay require the recovery of the public

the aid referred to in paragraph 1; unless the time limit for the recovery or

the interim recovery of public aid from the Commission's decision,

the provider also provides for the period in a challenge. After expiry of the period to

the return or the interim recovery of public aid provider

shall decide on the withdrawal of the beneficiaries under special legislation ^ 4),

or, if you cannot do so, the beneficiary shall submit a claim against the

of the Court.



(3) If the recipient is subject to supervision or oversight by a special

legislation, ^ 5) shall inform the supplier forthwith of the obligations

given public support to return and the authority which the supervision or surveillance

performs.



§ 8



Misdemeanors



(1) a natural person who committed the offence as a recipient that does not submit

coordinating authority in the document or other information relating to the public

support under section 5 (3). 2 or 3.



(2) for the offence referred to in paragraph 1 may be fine for 300 USD.



Administrative offences



§ 8a



(1) a legal person or a natural person-entrepreneur as the recipient

committed misconduct by showing the coordinating authority

a document or other information concerning the public aid under section 5

paragraph. 2 or 3.



(2) a legal person or a natural person-entrepreneur as a provider

or the provider support small scale committed misconduct by

that



and does not name) directly applicable European Union regulation in the legal

the Act granting the aid small scale according to § 3a paragraph. 4,



(b)) does not record data to a central registry in accordance with § 3a paragraph. 4,



(c) the coordinating authority) do not submit a document or other information

concerning the public aid under section 5 (3). 1, 3 or 4,



(d)) fails to take the necessary measures in accordance with section 7 (2). 2,



e) fails to comply within the time limit an obligation imposed measures to remedy the

under section 8 c.



(3) for the administrative offence is imposed



and) to 100 000 CZK in the case of an administrative offence referred to in paragraph 2 (a). and)

or (b)),



(b)) to the 200 000 CZK in the case of an administrative offence referred to in paragraph 2 (a). (e)),



(c)) to 300 000 CZK in the case of an administrative offence referred to in paragraph 1 and paragraph 2

(a). (c)),



(d)) to 1 0000 0000 CZK in the case of an administrative offence referred to in paragraph 2 (a). (d)).



§ 8b



Common provisions in administrative deliktům



(1) a legal person under the administrative tort does not match, if he proves that

made every effort, that it was possible to require that the infringement of the

a legal obligation.



(2) in determining the amount of the fine, the legal person shall take into account the seriousness of the

the administrative tort, in particular to the way a criminal offence and its consequences, and

the circumstances under which it was committed.



(3) liability of legal persons for the administrative offence shall cease, if the

It has commenced the management coordination body within one year from the date on which it

learned, but no later than 3 years from the day when it was committed.



(4) administrative offences under this law in the first instance hearing

the coordinating authority.



(5) The liability for the acts, which took place in the business of physical

person ^ ^ ^ 6) or in direct connection with it, shall be subject to the provisions of this

the law on liability of legal persons and sanctions.



§ 8 c



Measures to remedy the



(1) If a coordinating authority finds that a provider of aid to small

the scope did not indicate the name of a directly applicable regulation in the European Union

an act providing support to small scale or have not seen the

the central registry of information on provided support and its recipients

According to § 3a paragraph. 4, can save the providers of corrective measures, and



and subsequently mark) the obligation to aid such as support for small

range, or



(b)) the obligation to transpose the record to a central registry; to do this, it

a reasonable period to remedy.



(2) the procedure for the review of compliance with the obligations in accordance with § 3a paragraph. 4 may

the coordinating authority shall commence no later than 3 years from the date of granting of the aid

small scale.



§ 9



The enabling provisions



The Ministry of agriculture and the Office shall lay down the implementing legislation

the content and scope of the information that the service provider is support small scale

shall be recorded in the central register, and the procedure for their

recording.



§ 10



Transitional provisions



(1) in proceedings for the public support that has not been terminated before the date

the entry into force of this law, the Office shall decide on the termination of the proceeding.



(2) the decision issued by the date of entry into force of this Act, by the authority

According to law No. 59/2000 Coll., on public support, as amended by Act No.

130/2002 Coll., on research and development support from public funds and the

changes to some related laws (Act on the promotion of research and

the development), remain in force. Compliance with the conditions set out in these

decisions, as well as the penalties related thereto, shall be governed by

the existing legislation.



§ 11



Cancellation provisions



Shall be repealed:



1. Act No. 59/2000 Coll., on public support.



2. Decree No. 435/2000 Coll., laying down requirements information

the obligations of the public support provided.



PART THE SECOND



Amendment of the Act on the promotion of research and



§ 12



In the law No. 130/2002 SB., on research and development support from the public

resources and amending certain related laws (Act on the promotion of

research and development), the third part is deleted.



PART THE THIRD



The EFFECTIVENESS of the



section 13



This Act shall take effect on the date of the entry of the Treaty of accession of the Czech

Republic to the European Union.



Zaorálek in r.



Klaus r.



Spidla in r.



Selected provisions of the novel



Article. (III) Act No. 109/2009 Sb.



Transitional provisions



1. the proceedings initiated before the date of entry into force of this law shall be completed

According to the existing legislation.



2. The return of public aid granted before the date of entry into force of

This Act shall be treated according to law No. 215/2004 Coll., on the adjustment of

some relations in the area of public aid, and on the amendment of the Act on the promotion of

research and development, law No. 252/1997 Coll., on agriculture, and law No.

218/2000 Coll. on budgetary rules and amending certain

related acts (budgetary rules), as amended by the effective date of

the entry into force of this law.



1) Council Regulation (EC) No 994/98 of 7 May 1998. May 1998 on the application of

Articles 92 and 93 of the Treaty establishing the European Community to certain

categories of horizontal state aid.



Council Regulation (EC) no 659/1999 of 22 March 1999. March 1999 laying

the detailed rules of article 93 of the EC Treaty.



Commission Regulation (EC) no 794/2004 of 21 April 2004. April 2004

Council Regulation (EC) no 659/1999 laying down the detailed

rules for the application of article 93 of the EC Treaty.



Commission Regulation (EC) No 1998/2006 of 15 March 2006. December 2006 on the application of

of articles 87 and 88 of the EC Treaty to de minimis aid.



Commission Regulation (EC) no 875/2007 of 24 September. July 2007 on the application of

of articles 87 and 88 of the EC Treaty to de minimis aid in the fisheries sector and the

amending Regulation (EC) No 1860/2004.



Commission Regulation (EC) No 1535/2007 of 20 July. December 2007 on the application of

of articles 87 and 88 of the EC Treaty to de minimis aid in the sector of production

agricultural products.



2) Act No. 552/1991 Coll., on State control, as amended

regulations.



3) Act No. 365/2000 Coll., on public administration and information systems of the

Amendment of certain other acts, as amended.



for example, law No 4). 218/2000 SB., on the budgetary rules and the change

related acts (budgetary rules), as amended

legislation, law no 250/2000 Coll. on budgetary rules of territorial

budgets, in wording of later regulations.



5) for example, Act No. 21/1992 Coll., on banks, as amended

legislation, Act No. 363/1999 Coll., on insurance and amending certain

related laws (the Insurance Act), as amended

legislation, law No. 87/1995 Coll., on savings and credit cooperatives and

some of the measures related to the law and the Czech

the National Council No. 586/1992 Coll., on income taxes, as amended

regulations.



6) § 2 (2). 2 of the commercial code, as amended by Act No. 85/2004 Sb.



7) Commission Regulation (EC) No 1998/2006 of 15 March 2006. December 2006 on the application of

of articles 87 and 88 of the EC Treaty to de minimis aid.



Commission Regulation (EC) no 875/2007 of 24 September. July 2007 on the application of

of articles 87 and 88 of the EC Treaty to de minimis aid in the fisheries sector and the

amending Regulation (EC) No 1860/2004.
Commission Regulation (EC) No 1535/2007 of 20 July. December 2007 on the application of

of articles 87 and 88 of the EC Treaty to de minimis aid in the sector of production

agricultural products.



"8) Annex III to Commission Regulation (EC) no 794/2004 of 21 April 2004. April 2004,

implementing Council Regulation (EC) no 659/1999 laying down the

detailed rules for applying article 93 of the EC Treaty.