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.