Amendment Of The Act On The Czech Railways, Joint-Stock Company

Original Language Title: změna zákona o akciové společnosti České dráhy

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Read the untranslated law here: https://portal.gov.cz/app/zakony/download?idBiblio=67074&nr=179~2F2008~20Sb.&ft=txt

179/2008.



LAW



of 23 December 2003. April 2008,



amending the Act No. 77/2002 Coll., on the Czech railways, joint-stock company

the State Organization railway transport route and on the amendment of Act No.

266/1994 Coll., on rail, as amended, and Act No.

77/1997 Coll., on the State of the enterprise, in the wording of later regulations, as amended by

Constitutional Court declared under no 83/2003 Coll., Act No.

179/2003 Coll. and Act No. 293/2004 Sb.



Parliament has passed the following Act of the United States:



Article. (I)



Act No. 77/2002 Coll., on the Czech railways, joint-stock company, the State

the organisation Managing the railway infrastructure and on the amendment of Act No.

266/1994 Coll., on rail, as amended, and Act No.

77/1997 Coll., on the State of the enterprise, in the wording of later regulations, as amended by

Constitutional Court declared under no 83/2003 Coll., Act No.

179/2003 Coll. and Act No. 293/2004 is amended as follows:



1. In section 8 paragraph 1 reads:



"(1) the subject of business joint-stock company Czech railways is the operation of

railway transport. ".



2. In article 8, paragraph 3 is added:



"(3) joint stock company Czech railways can do business, and to carry out other

activities under the terms of special legislation ^ 8). ".



3. In § 8 para. 4, the words "and the rail operator ' shall be deleted.



4. In paragraph 8, the following shall be added at the end of paragraph 4, the following sentence: "this

the property is required to allow access to other carriers with the certificate

According to a special regulation ^ 8 c) for the purpose of meeting the transport needs of the

and the provision of services associated with the transportation to the public. Access by

the previous sentence allows for Czech railways, joint-stock company in a way that

excludes the benefit of any of the carriers. ".



Footnote 8 is added:



"8 c) of section 34 h of Act No. 266/1994 Coll., on rail, as amended

regulations. ".



5. section 10 reads as follows:



"§ 10



(1) operates a joint-stock company Czech Railways activities other than

the activities of the operation of the railway passenger transport, it is bound to lead to these

IC separated accounting activities; the financial resources of the

operation of the railway passenger transport activities covered by the public

cannot convert to other activities.



(2) in the context of a separate internal posting is joint-stock company

Czech Railways shall lead the activities covered by the posting of separately

public funds under a special legal regulation ^ 9).



(3) the annual accounts of the separate accounting lines referred to in paragraphs 1

and (2) are subject to the audit. The auditor shall determine by the Ministry.



(4) the Czech railways, joint-stock company is obliged to provide the highest

necessary assistance to the authority in the exercise of control activities

the management of railway infrastructure administration, State organization. ".



6. In paragraph 16 (a). (b)), the words "budgets operating railway

path and "shall be replaced by" budget ".



7. In article 17, paragraph 2 shall be deleted and shall be deleted at the same time, paragraph

1.



8. in section 18 para. 1, letter a) is repealed.



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



9. in section 20 (2). 4, after the word "Governments", the words "free of charge

the railway infrastructure assets transferred to a third party, or ".



10. In article 21, the following new paragraph 1, which reads as follows:



"(1) State Organization railway transport route is operated by

railway infrastructure in the public interest; It does not apply to the part of the

the railway, which was entrusted to the use of another

the railway infrastructure operator leasing contract. State

the organisation Managing the railway infrastructure can operate different

the runway on a contractual basis. ".



Paragraphs 1 to 3 shall become paragraphs 2 to 4.



11. in section 21 para. 3, after the words "referred to in paragraph 1 the words" and "2".



12. in paragraph 21, at the end of paragraph 3, the following sentence is added: "the intentions of the

development and modernization of railways, railway infrastructure administration hears

with the Ministry, edge and hauliers engaged in railway transport on the

the appropriate orbit. ".



13. in section 21 para. 4, after the word "owner", the words "and

the operator ".



14. in section 22, paragraphs 1 to 3, including footnote No 6 shall be deleted.



Paragraphs 4 and 5 shall be renumbered 1 and 2.



15. section 24 is repealed.



16. section 25 reads:



"§ 25



Operation of the railway infrastructure for the purposes of national defence



(1) during a State of danger, a State of emergency, the emergency ^ 11) or

war is a State Organization railway transport route

required to ensure the operation of the railway infrastructure in accordance with the

the needs of national defence ^ 6) and the needs of economic measures

for crisis States of ^ 12).



(2) to ensure the readiness of the State on the State of emergency and war

the State is a State Organization railway transport route required to

process and submit to the Ministry for approval to security design

technical protection and recovery of the railway infrastructure, designed to

operating under a State of emergency and a State of war.



(3) the Ministry of defence in consultation with the Ministry of



and approving the route) railway routes, which may have an important

importance for the tasks of national defence (rail network), and how

ensure the technical protection and recovery,



(b)) establishes the list of work activities necessary for the performance of tasks of Defense

the State security service, technical protection and recovery to the specified

the rail network. ".



17. in section 28 para. 1, the word ' five ' is replaced by ' seven '.



Article. (II)



Transitional provisions



1. The assets associated with the operation of the railway infrastructure in the

the public interest, which takes the State from Czech railways, joint-stock company

It is running a State Organization railway transport route.



2. Until the date of the initiation of the operation of railway routes in the public

the interest of the State Organisation railway infrastructure administration operates

Railway routes and fulfils the obligations associated with that joint-stock

the company Czech railways.



3. Official authorization ^ 22), on the basis of which it operates joint-stock company

Czech Railways railway infrastructure in the public interest, shall cease on the date on

that immediately precedes the date to be the official authorization of the

established as the start date for the operation of the railways, State Organisation

The railway infrastructure administration.



Article. (III)



The effectiveness of the



This Act shall take effect on 1 January 2000. June 2008.



Vaidya in the r.



Klaus r.



Topolanek in r.



22) § 11 and following of Act No. 266/1994 Coll., on rail, as amended by

amended.