Providing Grants To Support The Efficient Energy Management

Original Language Title: poskytování dotací na podporu hospodárného nakládání s energií

Read the untranslated law here:

63/2002 Sb.


of 16 December 2002. January 2002

on the rules for providing subsidies from the State budget to support

efficient energy management and exploitation of its renewable and

secondary sources

Change: 428/2006 Sb.

The Government decrees referred to in § 5 para. 6 of Act No. 406/2000 Coll., on the management

energy, (hereinafter referred to as the "Act"):

§ 1

The subject of the edit

This regulation lays down the rules for providing subsidies from the State

of the budget to the implementation of the national programme for the efficient management of

energy and exploitation of its renewable and secondary resources (hereinafter referred to as

The "Program") in support of increasing the efficiency of use of energy, reducing

energy consumption and the use of renewable and secondary

resources in accordance with the approved State energy concepts and principles

sustainable development of ^ 1) (hereinafter referred to as "grants").

§ 2

Definition of terms

In this regulation means

and program file) g/l, time and financial conditions for the

acquisition or technical assessment of tangible and intangible fixed and

short-term assets, ^ 2), its maintenance and repair, or for other

the activities required to achieve the objectives set, ^ 3)

(b) the central authority of the provider) of the State administration, the Academy of Sciences of the Czech

Republic and grant agency of the Czech Republic or the one who determines

a special law, "^ 4)

(c)) the tenderer applying for a grant, an investor from the State budget within

the program,

(d)) the beneficiary person in whose favour it has been granting subsidies

the provider decided

e) actions activity according to § 5 para. 4 of the Act,

f) tender procedure in the evaluation and selection of providers

applications for subsidies.

§ 3

The announcement of the program

(1) the Program is announced on the basis of approved documentation program ^ 5)

provider and exposes it in the commercial bulletin and in the remote

accessible information system.

(2) the programme contains

and the name of the action)

(b) the conditions for the receipt of the request) to the selection procedure and criteria

assessment and selection of applications,

(c)) the place, time and method of application

(d)), the period in which the provider shall ensure the evaluation of the applications, shall decide

and will announce the results of the selection procedure,

e) name, address, telephone number, e-mail address (e-mail), and fax

the provider,

(f)), on the types of costs to use the subsidy,

(g) the maximum amount of subsidies provided).

§ 4

The conditions for granting subsidies

(1) a grant may be awarded to the tenderer if

and not to him) is declared bankrupt, the settlement was not enabled

rejected a proposal for a declaration of bankruptcy for lack of assets ^ 6) or

tenderer is not in liquidation,

(b)) has settled debts in relation to the State budget,

the State Fund or health insurance company,

(c)) has not been convicted of an offence for which the merits of the

is related to its subject of business, for the crime of economic or

an offence against property,

(d)) was not in the last three years under the disciplinarian and punished

the specific legislation governing the exercise of professional activities, if

This activity is related to the content of the actions,

(e)) reported on two tax periods immediately preceding the

zdaňovacímu period, asking for subsidies, tax loss under the

a special legal regulation.

^ 7)

(2) the conditions referred to in paragraph 1 (b). a) to (c)), and (e)) shows

the candidate when applying the relevant documentation and compliance with the conditions referred to in

paragraph 1 (b). d) affidavit.

(3) a grant may not be awarded if a program, on the basis of subsidy

provides, where appropriate, individual subsidies, have not been notified in advance and

approved by the European Commission unless they meet the conditions directly applicable

Regulation of the European communities, regarding the exceptions to the mode

notification of public AIDS ^ 7a).

§ 5

The grant application

(1) an application for a grant shall be submitted within the time and in the form that are

approved in the relevant program documentation, including all attachments

required by the provider. A tenderer may take the request back, it must not

However, in the course of the selection procedure, alter or amend.

(2) the collection, compilation and publication of data on applications with

the provider shall be governed by special legislation. ^ 8)

(3) prior to the evaluation of applications, the provider processes the Protocol must

include a list of incoming requests, the information on the proposals of actions and their

the completeness. Non-compliant requests published conditions shall state the reason

their disposal.

(4) the candidate does not have a legal right to recover costs associated with his participation

in the selection process.

§ 6

Evaluation of applications

(1) for the evaluation of applications, the provider shall establish a professional advisory body.

(2) a professional advisory body must have at least five members. Its members are

provider designated by the particular person with the appropriate qualifications and

professional practice, according to the focus of the program, and by an absolute majority of the

Members must not be employees of the provider.

(3) advisory opinions requested by the provider, are the basis for the evaluation

expert advisory body.

(4) the expert advisory body shall be governed by the rules of procedure issued by the

by the provider. In it, the provider determines how the appointment and

the replacement of members and alternate members of the Professional Advisory Board, the length of term of Office

period, the mode of action of vocational advisory body, the procedure for

assessing the partiality of the members of the Professional Advisory Board or the opponents,

method of preparation of the Protocol on the evaluation of projects, how to documentation

the hearing professional advisory body and storing the results of the negotiations.

(5) professional advisory body to the evaluation and selection of applications governed by the

the criteria approved in program documentation.

(6) at the conclusion of the evaluation of a professional advisory body processes for providers

Protocol on the outcome of the selection procedure, which must include

the identification data of the application, the applicant, the total recognized costs

the action and the amount of granted subsidies.

(7) the provider shall inform the applicant in writing of the outcome of the evaluation

the application, including the preamble.

§ 7

The decision to grant the subsidy

(1) based on the outcome of the selection procedure and documentation of the event,

submitted by the applicant in accordance with the requirements of the provider, the provider shall issue a

the decision to grant the subsidy under a special legal regulation, ^ 5)

covering the entire period of action and solution period to evaluate the results of

actions, including the obligation to settle a subsidy.

(2) the beneficiary shall inform the provider about the changes that have occurred in the

the time since the release of the decision to grant a subsidy and which affect its

legal personality, information that could have an impact on the project,

within 7 calendar days from the date of such facts


§ 8

Terms of use of subsidies

(1) the grant may only be used to promote the actions set out by the law.

(2) the beneficiary maintain separate records for each action under a special

Law ^ 2) of all the recognized cost and within the framework of the register

of expenditure and costs paid from the grant.

(3) the subsidy granted to the solution approved actions are to be paid only

part of the costs for the acquisition of tangible and intangible assets in accordance with a special

legislation, ^ 2) which corresponds to the scale of its anticipated

use for the solution of a given action.

§ 9

Review of the use of subsidies and the evaluation of the actions

(1) for the inspection and compliance with the terms of contributions under this

Regulation and the application of sanctions against unauthorized use or retention of

a special subsidy legislation. ^ 9)

(2) for all events is a provider of solutions and progress should be checked

fulfilment of the objectives of the action, including control of pumping and use of subsidies, effectiveness

of the total approved costs of the solution through the evaluation of the reports on

the solution, at least in the interval of one year, however, after

their solution.

(3) at least once a year, but always after their solutions

draw up a report on the events and passes it to the provider in accordance with the

the decision to grant a subsidy.

(4) the final evaluation of the action will be carried out under a special legal

prescription. ^ 10)

§ 10

Retention of documents

(1) the provider shall keep the documents about the program, including all applications

adopted pursuant to section 4, for at least 5 years from the conclusion of the selection of actions to

the granting of subsidies.

(2) the provider holds the papers of any action for at least 10 years

from the final evaluation of the action. ^ 10)

§ 11

Transitional provision

Legal relations arising between providers and recipients prior to the date of acquisition

the effectiveness of this regulation and the rights and obligations arising therefrom shall be governed by

the existing legislation.

§ 12

The effectiveness of the

This Regulation shall enter into force on the date of publication.

Prime Minister:

Ing. Zeman in r.

Deputy Prime Minister and Minister of industry and trade:

doc. Ing. Gregr, r.

The Minister of the environment:

RNDr. Kužvart in r.

1) section 6 of Act No. 17/1992 Coll., on the environment, as amended


2) Act No. 563/1991 Coll., on accounting, as amended.

3) § 12 and 13 of Act No. 218/2000 Coll. on budgetary rules and the

changes to some related acts (budgetary rules).

4) section 14 of Act No. 218/2000 Sb.

5) Act No. 218/2000 Coll., as amended.

Decree No. 40/2001 Coll., on the participation of the State budget to finance the

programs of the reproduction of the asset.

6) Act No. 328/1991 Coll., on bankruptcy and settlement, as amended


7) Act No. 586/1992 Coll., on income taxes, as amended


7A), for example, Commission Regulation (EC) No 68/2001 of 12 January 2001. January 2001 on the

the application of articles 87 and 88 of the EC Treaty on the aid for education, Official

Journal of the European Union of 13 June 2002 1.2001, L 10/20, as amended by regulation

Commission Regulation (EC) no 363/2004 of 25 February. February 2004, OJ l. p. 1. of 28 June. 2.

2004 L 63/20, Commission Regulation (EC) No 69/2001 of 12 January 2001. January 2001 on the

the application of articles 87 and 88 of the EC Treaty to de minimis aid, the official journal of the

The European Union of 13 June 2002 1.2001, L 10/00, Commission Regulation (EC) No.

70/2001 of 12 January 2001. January 2001 on the application of articles 87 and 88 of the EC Treaty on the

State aid for small and medium-sized enterprises, the official journal of the European Union

of 13 October. 1.2001, L 10/33, as amended by Commission Regulation (EC) no 364/2004

of 25 June 2002. February 2004 amending Commission Regulation (EC) No 70/2001,

Official Journal of the European Union on 28 July. 2. the 2004 L 63/22, regulation

Commission Regulation (EC) No 2204/2002 of 12 December 2002 December 2002 on the application of articles 87 and

88 of the EC Treaty to state aid for employment, the Official Journal of the European

Union of 13 April. 12.2002, L 337/3, Commission Regulation (EC) No 1/2004 of

on 23 December 2005. December 2003 on the application of articles 87 and 88 of the EC Treaty to State

aid to small and medium-sized enterprises active in the production, processing and

marketing of agricultural products on the market, the official journal of the European Union of

3 December 2004. 1.2004, L 1/1 and Commission decision 2005/842/EC of 28 June 1999.

November 2005 on the application of article 86 paragraph 1. 2 of the EC Treaty to State

support in the form of compensation for public service obligations

granted to certain undertakings entrusted with the operation of services of General

economic interest (notified under document number c(2005) 2673), Official Journal of the

The European Union of 29 May. 11.2005 L 312/67.

8) for example, Act No. 101/2000 Coll., on personal data protection, as amended by

amended, Act No. 106/1999 Coll., on free access to

information, as amended, Act No. 148/1998 Coll., on

protection of classified information, as amended, law No.

123/1998 Coll., on the right to information on the environment, as amended by


9) § 44 of Act No. 218/2000 Coll., as amended.

Act No. 320/2001 Coll., on financial control in the public sector and amending

Some laws (law on financial control).

10) section 8 Decree No. 40/2001 Sb.