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.