Amendment Of The Act On Economic Measures For Crisis States

Original Language Title: změna zákona o hospodářských opatřeních pro krizové stavy

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Read the untranslated law here: https://portal.gov.cz/app/zakony/download?idBiblio=77115&nr=76~2F2012~20Sb.&ft=txt

76/2009 Sb.



LAW



of 7 November. February 2012,



amending Act No. 242/2000 Coll., on economic measures for

crisis States and amending certain related laws, as amended by

amended



Parliament has passed the following Act of the United States:



Article. (I)



Act No. 241/2000 Coll., on economic measures for crisis conditions and the

changes to some related laws, as amended by Act No. 320/2002 Coll.

Act No. 356/2003 Coll., Act No. 235/2004 Coll., Act No. 413/2005 Coll.

Act No 444/2005 Coll., Act No. 296/2007 Coll., Act No. 281/2009 Sb.

and Act No. 153/2010 Coll., shall be amended as follows:



1. in article 1, paragraph 2 reads as follows:



"(2) the law provides for the power to



and Government)



(b)) of the central administrative offices, Czech National Bank, regional offices,

municipalities municipalities with extended competence (hereinafter referred to as "administrative authority") and



c) organs of territorial self-governing units during the preparation and adoption of the

economic measures for crisis conditions. It also lays down the rights and

obligations of natural and legal persons in the preparation and adoption of the

economic measures for crisis conditions. ".



2. In article 2 (2). 1 (b). (c)), the words "in accordance with § 10 ' shall be deleted.



3. In article 2 (2). 1, letter h) including footnote 6 is deleted.



Subparagraph (i))) are known as the letters h) to (j)).



4. In article 2 (2). 1 letter i) reads as follows:



"i) production capacity retention retention of serviceable production

technological equipment and documentation in the possession of the supplier

mobilization of delivery or the vendor necessary supplies intended for

the start or expansion of production of the subject of mobilization or necessary

supplies and for other production of unused, ".



5. In article 2 (2). 1 (b). j) point 1 and section 19 para. 3 the words "the right to

management "shall be replaced by" the jurisdiction of the farm. "



6. In section 3, paragraph 3. 1 (b). (b)), the word "fire" be deleted, the word "and"

replaced with a comma at the end of the text of the letter shall be added the words "and

emergency medical services ".



7. In paragraph 5 (b). and the word ") release" shall be replaced by "use".



8. In section 6 (1). 1 (b). (e)), the word "proper" is deleted.



9. In paragraph 6 of the dot at the end of paragraph 1 is replaced by a comma and the following

subparagraph (f)), which read as follows:



"(f)) is involved in the system of continuing vocational training of workers

administrative offices and suppliers of mobilization of supplies in the area

economic measures for crisis Management, which provides statuses

State material reserves. ".



10. In section 6 paragraph 2 reads as follows:



"(2) the central administrative office within their jurisdiction, ensures the necessary

the delivery,



and the regional authority) which cannot ensure, within its own administrative district



(b)) whose importance goes beyond the administrative district or County



(c)) if it is to support the activities of the armed forces, the armed

security forces, rescue, emergency services, or

emergency medical services established within its competence. ".



11. sections 7 and 8, including the following titles:



"section 7 of the



The authorities of the region



(1) the Governor of the region (hereinafter referred to as "Governor") ensures the readiness of the region in

the system of economic measures for crisis States; the other institutions of the region

This involved in preparedness. To this end, the Governor



and) directs and controls the preparation and implementation of economic measures for

crisis States



(b)) provides for inventory allocation of humanitarian aid,



c) directs the regulatory action under section 21.



(2) the regional office in the system of economic measures for crisis States



and plan necessary supplies) handles the region using the plans necessary

supplies of municipalities with extended powers, which coordinates the processing,



(b)) provides the necessary supply to meet basic living

needs of the population of the region,



(c)) provides regulatory measures enabling the adoption of activities.



(3) on the territory of the city of Prague shall perform the tasks of the regional authority in the system

economic measures for crisis conditions of the capital Municipality

Prague.



§ 8



The authorities of municipalities with extended powers



(1) the Mayor of the municipality with extended competence ensures the readiness of the

the administrative area with extended powers in the economic system

measures for crisis States; other authorities of the municipalities with extended competence

This involved in preparedness.



(2) the local authority of density in the system of economic

measures for crisis States



and) handles the plan necessary supplies municipalities with extended competence,



b) carries out the tasks imposed on the regional authority,



(c)) provides regulatory measures enabling the adoption of activities.



(3) on the territory of the city of Prague municipal office carries out the tasks of the

expanded authority in the system of economic measures for crisis

conditions laid down by the Statute of the Office of the municipal district of the city of Prague.



(4) the Mayor of established the Statute of the city of Prague has in

the system of economic measures for crisis conditions the same powers as

the Mayor of the municipality with extended competence. ".



12. in section 10, paragraph 1. 1 (b). (b)), the word "fire" be deleted, the word "and"

replaced with a comma at the end of the text of the letter shall be added the words ",

emergency medical services and the police of the Czech Republic. "



13. in section 10, paragraph 2 shall be deleted.



Paragraphs 3 and 4 shall become paragraphs 2 and 3.



14. in section 10, paragraph 1. 2 the term "Subscriber" shall be replaced by "authority

crisis management, which decided ".



15. in section 10, paragraph 1. 3 the first sentence, § 13 para. 4, the second sentence of section 15 and section 16

paragraph. 1 the second sentence, the word "professional" replaced by the word "materially".



16. in section 10, paragraph 1. 3, the second sentence shall be deleted.



17. in paragraph 10, the following paragraph 4 is added:



"(4) If, in substance, the central competent administrative authority demonstrably cannot

to ensure the necessary supply within its competence, shall request Management

State material reserves to create emergency stocks or

the payment of the cost of maintaining the production capabilities. ".



18. section 11 including title and footnotes 24 and 11:



"section 11



Emergency supplies



(1) emergency supplies creates the administration of State material reserves in

the system of State material rezerv24).



(2) on the application of the contingency stocks shall be decided by the head of the Central

Administrative Office, on the basis of the request were emergency supplies

created. In accordance with this decision, the administration of the State material

reserves will provide emergency supplies to the recipient, which may be administrative

the Office or authority of the territorial self-government or ward or service under section 10, paragraph 1.

1 (b). (b)). The recipient is authorized to provide emergency supplies of physical

or a legal person or other organization the State.



(3) provided emergency supplies, excluding stocks

consumed, the recipient is obliged to return them within 60 days after the dissolution of the crisis

State. After this period, the recipient is entitled to use the provided

contingency stocks only on the basis of a contract entered into with the management

State material reserves. The draft treaty processes to manage the State

material reserves on the basis of an application submitted by the beneficiary within 60 days after

the cancellation of a State of crisis. If the recipient of the request within that period

is not provided, is the use of the contingency stocks of unauthorised use

the property, which has jurisdiction over the administration of State material reserves

hospodařit11). In the case of emergency stocks supplied by the leak is

process according to the legislation governing the management of the property of the

State.



24) Act No. 97/1993.



11) § 7 para. 1 of Act No. 97/1993 Coll. ".



19. in section 12 paragraph 2 reads as follows:



"(2) on the issue of humanitarian aid supplies shall be decided by the Chairman of the Management

State material reserves at the request of the Governor or the Mayor

of the municipality with extended competence. Inventory allocation for humanitarian aid

natural persons seriously affected by the crisis situation provides the Governor

or mayor of municipality with extended powers, which were supplies for

humanitarian aid is provided. Issued stocks are free, or

do not return. ".



20. in the introductory part of the provisions of paragraph 15, the words "this plan passes"

the words "within 30 days after processing".



21. in section 16(1). 2, the second sentence, including footnote No 14

repealed.



22. In article 16(1). 6, the word "Professional" replaced by the word "Materially".



23. in the second sentence of paragraph 17, the words "crisis conditions in Word

"territorial" and the word "authority" shall be deleted.



24. In § 20 paragraph 1 reads:



"(1), the control measures used to reduce the consumption of scarce

raw materials and products and the provision of services, or to direct the consumption and supply

in accordance with the emergency plans in cases where the emergency situation shall become

such an extent that economic instruments are not common in the provision of

necessary supplies effective enough. ".



25. In section 20 (2). 2, the word "received" is replaced by "ORDERED" and

the word "published" shall be replaced by the word "ORDERED".



26. in section 20 (2). 3, the word "famous" is replaced by

"ORDERED".



27. in section 21 para. 1 introductory part of the provisions, the words "County Executive"

shall be replaced by "the Governor or the", the words "or the Mayor of the municipality" is specified

be deleted and the words "place of business or registered office of the company or organization


the folder "are replaced by the words" place of residence, Head Office, place of business or registered office

the organizational units of the company ".



28. in section 21 para. 2 of the introductory part of the provisions, the word "district" is deleted and

After the word "Governor" shall be inserted after the word "require".



29. in section 21 para. 2 (a). and the introductory part of the provision), the word "establish"

repealed.



30. in paragraph 21 of the paragraph. 2 (a). and (2) the words of) "on which a

the consumer is entitled "are replaced by the words" that you can sell to the consumer ".



31. in section 21 para. 2 (a). (b)), the word "accept" is deleted.



32. In article 21, paragraph 2, the following paragraph 3 is added:



"(3) the obligations imposed in accordance with paragraphs 1 and 2 are the crisis measures

According to § 3 (2). 2 crisis law. ".



The former paragraph 3 shall become paragraph 4.



33. In paragraph 21 of the paragraph. 4, the words "and expenses" shall be deleted.



34. In paragraph 21, the following paragraph 5 is added:



"(5) in an emergency, a State of emergency and a State of war

can the Governor or the Mayor of the municipality with extended powers in the territory, for

that was declared a State of crisis, order the measures referred to in paragraphs

1 and 2, if you already have such measures did not instruct Government. ".



35. In paragraph 22 of the paragraph. 1 (b). (b)), the words "publicly traded"

shall be replaced by the word "quoted".



36. In paragraph 22 of the paragraph. 1 (b). (d)), the words "medical supplies"

replaced by the words "medical devices".



37. In paragraph 2 of article 23. 1 (b). (c)), the words "resources in Czech Crowns to

accounts with the bank "shall be replaced by" funds on accounts with people

authorised to provide payment services ".



38. In article 23, paragraph 3, including the footnotes 18 and 25:



"(3) in a State of emergency and war-time Governor of the Czech

National Bank decision published in the form of a communication in the collection of laws



and to decide on fundamental monetary) policy opatřeních18)



(b) to establish the rate of the Czech Crown) against foreign currencies,



c) restrict or prohibit the cashless and cash transfers between

financial services providers,



(d) suspend the administrative procedure), led by the Czech National Bank,



e) restrict or prohibit the activities allowed the Czech National Bank,



f) restrict or prohibit the purchase and export of foreign currency hodnot25) and pumping

funds from the Foreign Exchange accounts, implement the obligation to offer foreign exchange

values and establish its scope,



g) restrict or prohibit the persons authorised to provide payment services

the granting of loans and the sale of credit products,



h) restrict or prohibit the export of the Czech Crown.



18) § 5 para. 1 of law No 6/1993 Coll., on the Czech National Bank.



25) § 1 (b). d) of Act No. 219/1995 Coll., the Foreign Exchange Act, as amended by

amended. ".



39. section 24 reads as follows:



"§ 24



(1) the administrative authority checks in its scope of the preparation of the economic

measures for crisis States, and after the publication of crisis conditions their performance

and efficiency.



(2) the administration of State material reserves, controls the administrative authorities, bodies

economic mobilization and vendor of mobilization and necessary supplies

throughout the preparation of the planned economic measures for crisis

States, and examines their implementation and effectiveness. Also the use of checks

of the funds allocated from the budget chapter legal

and natural persons involved in the system of economic

measures for crisis conditions. ".



Footnote No. 20 is deleted.



40. Title V, including the title reads as follows:



"HEAD IN THE



ADMINISTRATIVE OFFENCES



§ 25



Misdemeanors



(1) a natural person has committed the offence by



and fails to meet any of the requirements) in accordance with § 23 para. 1, § 23 para. 3 (b).

(f)) or § 23 para. 3 (b). (h)), or



(b) fails to comply with any of the requirements) pursuant to § 21 para. 2 (a). (b)) or section 22

paragraph. 1 (b). (c)).



(2) for the offence may be imposed a fine



and the 100 000 CZK), if it is a misdemeanor pursuant to paragraph 1. and)



(b)) to $2,000, in the case of a misdemeanor referred to in paragraph 1 (b). (b)).



(3) A State of emergency or State of war, the upper limit of

the fines referred to in paragraph 2 (a). (b)) increases to double.



§ 25a



Administrative offences of legal entities and natural persons-entrepreneurs



(1) a legal entity or individual entrepreneur is committed by the administrative

tort by



and fails to meet any of the requirements) in accordance with § 23 para. 1 or § 23 para. 3,



(b) fails to comply with any of the requirements) pursuant to § 21 para. 1 or 2 or § 22

paragraph. 1,



(c)) as the subject of economic mobilization will use the certificate of appointment in the

contrary to section 17,



d) contrary to section 16 para. 3 does not return a certificate of appointment body

economic mobilization or such certificate applies at a time when

the decision to an appeal body of economic mobilization has

power, or



(e)) will not pass or does not update the selected data under section 15.



(2) an administrative offense shall be fined



and the $10 000 000), in the case of an administrative offence referred to in paragraph 1 (b). and)



(b)) to $5 000 000 in the case of an administrative offence referred to in paragraph 1 (b). (b)),



(c)) to $1 000 000 in the case of an administrative offence referred to in paragraph 1 (b). (c))

or (d)),



(d)) to 100 000 CZK in the case of an administrative offence referred to in paragraph 1 (b). (e)).



(3) A State of emergency or State of war, the upper limit of

the fines referred to in paragraph 2 (a). b) to (d)) increases to double.



section 26



Provisions common to administrative offences



(1) a legal person for an administrative offence is not liable if he proves that

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

a legal obligation is prevented.



(2) in determining the amount of fines for administrative offence shall take account of

the severity of the administrative offense, in particular, to the manner of its perpetration, and his

consequences and the circumstances under which it was committed.



(3) the liability of a legal person for an administrative offense shall cease, if the

an administrative office about him has not initiated proceedings within one year, which

learned, but not later than five years from the date on which it was committed. After a period of

a State of emergency or State of war, the time limits shall be discontinued.



(4) The liability for the acts, which took place in the business

person or in direct connection with him, subject to the provisions of the law on

liability and sanctions legal persons.



(5) administrative offences pursuant to § 25 para. 1 and section 25a paragraph 1. 1 (b). a) and b)

the first instance hearing



and) Municipal Office municipality with extended powers in its administrative district in

cases, regulatory measures, ordered by the Mayor of the municipality with extended

scope,



b) Regional Office in your area, in cases of regulatory

measures ordered by the Governor,



(c)), the Czech National Bank in cases of regulatory measures announced

the Governor of the Czech National Bank,



(d)) of the central administrative office under its jurisdiction, in cases of regulation

the Government.



(6) administrative offences pursuant to section 25a paragraph 1. 1 (b). c) to (e)) dealt with in

the first stage of the administration of State material reserves.



(7) the imposition of a fine under section 25 and 25a shall not relieve the compulsory duty

delete within the time limit laid down by the competent administrative authority is unlawful

status. ".



41. section 27a is added:



"§ 27a



For the Governor, the regional authority, the Mayor of the village with

extended powers municipality or municipalities with extended competence

under this law, the exercise of delegated powers. ".



42. under section 27a shall be inserted a new section 27b and 27 c shall be inserted:



"§ 27b



Administrative offices for the preparation and adoption of the measures provided for in this Act,

use of information systems to support the economic measures for

a crisis looms. Information systems to support the economic measures

for crisis conditions must comply with the rules, mutatis mutandis, the information

crisis management systems in accordance with the law of crisis.



section 27 c



At the time the State of crisis in the decision-making process and saving obligations under

This Act does not apply the administrative code, with the exception of the fundamental principles of

the activities of administrative bodies; This does not apply in the case of decision making and saving

obligations pursuant to § 16, 25, 25a, or 26 of this Act. ".



Article. (II)



The effectiveness of the



This Act shall take effect on the date of its publication.



Němcová in r.



Klaus r.



Nečas in r.