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On The State Environmental Fund Of The Czech Republic

Original Language Title: o Státním fondu životního prostředí České republiky

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388/1991.



LAW



The Czech National Council



dated September 10, 1991



on the State Environmental Fund of the Czech Republic



Change: 334/1992 Sb.



Change: 254/2001 Coll.



Change: 482/2004 Sb.



Change: 346/2009 Sb.



Change: 227/2009 Sb.



Change: 239/2009 Sb.



Change: 250/2014 Sb.



Change: 41/2015 Sb.



The Czech National Council decided on the following Act:



§ 1



(1) there is hereby established the State Environmental Fund of the Czech Republic (hereinafter referred to

"the Fund").



(2) the Fund is the other State organizations. ^ 1) range of activities of the Fund shall lay down

the Statute.



(3) the Fund Manager is the Ministry of the environment (hereinafter referred to as

"the Ministry").



(4) the Fund is headed by the Director; on his selection, appointment and dismissal of the

shall apply mutatis mutandis the provisions of the law on the civil service about selection, appointment

and the appeal of the head of the staff of the Office in another administrative authority.



(5) for the provision of resources from the Fund shall be decided by the Minister of

environment ("the Minister").



(6) the Fund Board is hereby established, which shall be appointed by the Minister as its Advisory

authority.



(7) the activities of the Council of the Fund shall be governed by the rules of procedure, approved by the Minister.



(8) the Council of the Fund assesses in particular



and to fundamental questions of creation and) the use of the resources of the Fund,



(b)) the annual budgets of revenue and expenditure of the Fund,



(c)), the proposed measures and their security resources of the Fund.



(9) the Council of the Fund assesses the proposals to grant further funds from the Fund and

recommends to the Minister the amount of the drawdown for each specific

cases, taking as a basis the principles of environmental protection, the United

of the Republic.



(10) the Council shall approve the financial statements of the Fund the Fund built on the balance sheet

the date.



(11) the Ministry of the Minister's decision on the use of Fund resources

exposes.



§ 1a



(1) the Ministry of the Interior or the police of the Czech Republic provides A

Environmental Fund



and from the base) a reference population register,



(b)) the data from the agendového information system of population register,



(c)) the data from the agendového information system for foreigners.



(2) Information Provided pursuant to paragraph 1. and) are



and) the name or name, last name,



(b)) 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,



(c)) date and place of death; in the case of the death of the data subject outside the United

Republic, date of death, place and the State on whose territory the death occurred;

If it is issued the Court's decision on the Declaration of death, the date that is in the

decisions listed as the day of death or the date on which the data subject

declared dead have survived, and the date of acquisition of legal power of this

the decision,



(d) the address of the place of stay)



e) nationality, or more of State citizenship.



(3) Information Provided pursuant to paragraph 1. (b)) are



and the name or names), surname, maiden name,



(b)) 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,



(c) the social security number),



(d) the address of the place of residence),



e) nationality, or more of State citizenship.



(4) Information Provided pursuant to paragraph 1. (c)) are



and the name or names), surname, maiden name,



(b)) 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,



c) country of citizenship or more of State citizenship,



(d)) the type and address of the place of stay



(e)) the beginning of the stay, where appropriate, the date of their stay.



(5) the data which are kept as reference data in the principal registry

the population recovered from the agendového information system registration

of the population or agendového information system for foreigners only if they are

in the shape of the previous status quo.



(6) of the provided data that can be used in a particular case only

such data, which are necessary for the performance of the task.



§ 2



(1) the revenue of the Fund shall consist, in particular,



and) fees for discharge of waste water into surface water, ^ 2)



b) charges for the discharge of harmful substances into the atmosphere, ^ 3)



(c) the fees payable under the Act) on waste, ^ 4)



(d) charges for withdrawal of the land) of agricultural land resources in the amount of

laid down by law for the protection of agricultural land resources,



(e) the actual subscription) fees for groundwater ^ 6) amounting to 50% of their

of the total,



(f)) to the State budget for the Medicare payment for-won minerals,



g) fine imposed by the authorities, the Fund Manager and the Czech environmental inspection

Environment ^ 7) for violation of the rules and measures for the protection of the

environment,



h) cash receipts from the prosecution of the applicants for the unauthorized use or

retention of the resources of the Fund,



I) subsidies from the State budget,



j) shares in the proceeds of taxes,



k) loans from legal persons,



l) contributions from domestic and foreign legal entities and natural persons,



m) additional income set by the generally binding legal regulations in the

individual segments of the environment.



(2) for the financial management of the Fund shall be set up a separate bank account.



(3) the penalties referred to in paragraph 1 (b). g) found 50% of the budget

of the municipality in which the land in violation of the regulations. The municipality shall ensure that the special-purpose

Use this income to environmental protection; This does not apply for

the fine imposed in the block management ^ 7a).



§ 2a



The Budget Of The Fund



The Fund builds on each financial year its budget proposal in at least

the range of total revenue and total expenditure and shall submit it to the Government always

until 31 December 2006. of August. The Government shall submit the draft budget to the Fund after any

the changes that it will carry out, together with a draft of the State budget on the

that same year, the Chamber of Deputies for approval. The Fund in its draft

determine your total expenditure as the amount which he announced

the chapter by a special Act Manager. ^ 7b) in the framework of this

It also sets out the amount, the amount that will participate in the financing of the

programmes or projects co-financed by the European Union budget.



§ 3



(1) the resources of the Fund can be used to



and support investment and non-investment) actions legal and physical

people connected with the protection and improvement of the environment,



(b)) support the program of research, development, production and implementation of appropriate

technology and scientific and technological development in the field of action of the

environment,



c) support activities related to the ecological functions of watercourses

and bodies of water,



(d)) environmental monitoring, support and environmental

processes,



(e) the payment of instalments and interest) for loans granted by the Fund,



(f) support for educational events and) dissemination of information on the

environment,



g) costs associated with the activities of the Fund approved in the framework of the

the budget of the Fund.



(2) Support for the purposes of this Act, the grants, subsidies,

loans, taking on the obligation and further assistance to legal and natural persons.



§ 4



(1) The provision of funds from the Fund is not a legal right.



(2) the resources of the Fund shall be granted to applicants under the conditions laid down

the Statute and the directive. The basic principle is an objective assessment of the

the application in terms of ecological and economic benefit and nationwide

interests.



(3) applicants (legal and natural persons) shall submit an application to the Fund.

Included in the request is an expert that will complement your own Fund

the opinion. The Council shall examine the application of the Fund.



(4) the resources Provided from the Fund must be returned back to the pool,

If not used in accordance with the conditions determined in accordance with paragraph

2 or if the purpose for the provision of funds fell away.



§ 5



Funds at the end of the calendar year she.



Section 5a



(1) on the staff of the Fund, who carry out the activities referred to in section 5 of the

the law on the civil service, are covered by the law on the civil service.



(2) the Fund shall be considered as a business office. For the head of the staff of the Office and

a business is considered to be the Director of the authority.



(3) the Supervisor in the staff Office of the Fund is the Ministry.



§ 6



State Fund of water resources ^ 8) and air protection Fund ^ 9)

become the effective date of this Act, a part of the Fund.



§ 7



Section 4 (b) is repealed. and) Law No. 77/1969 Coll. on the State Fund for

fertilization of the soil, as amended by Act No. 175/1982 Coll.



§ 8



This Act shall take effect on the date of publication. The provisions of § 2 (2). 1

(a). (d)) and § 7 shall take effect on the date of 1.1.1992.



113. in r.



Pithart in r.



Selected provisions of the novel



Article. (IV) Act No. 239/2009 Sb.



Transitional provision



The approval of the financial statements in accordance with § 1 (1). 10 of Act No. 389/1991 Coll.,

in the version in force from the date of entry into force of this Act, for the first time

performs for the accounting period of the year 2012.



1) § 62 (a). (b)) Law No. 109/1964 Coll., the commercial code, in the economic

as amended.



2) § 89 to 99 of Act No. 254/2001 Coll. on waters and amending certain

laws (Water Act).



3) section 17 of Act No. 309/1991 Coll., on the protection of the air against pollutants

substances.



4) Law No. 238/1991 Coll., on waste.



6) section 88 of the Act No. 254/2001 Coll.



7) Eg. Act No. 283/1991 Coll., on the Czech environmental inspection

environment and its competence in forest protection. Law No. 309/1991 Coll.,

on administration in waste management.



7A) of section 84 to 86 of Act No. 200/1990 Coll. on offences.




§ 8b paragraph 7B). 3 of law No. 218/2000 Coll. on budgetary rules and the

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

Act No. 480/2004 Coll.



8) Statute of the State Fund of water resources (amount 13/1967 OJ.

sequence. # 32).



9) of Directive 21.11.1977 on the management of special-purpose funds

the Ministry of forestry and water management of the CSR designated to protect

Air (the amount of 22/1977 Journal of the MLVH of CZECHOSLOVAKIA).