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
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"):
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").
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
(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.
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
(f)), on the types of costs to use the subsidy,
(g) the maximum amount of subsidies provided).
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.
(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).
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
(4) the candidate does not have a legal right to recover costs associated with his participation
in the selection process.
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.
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
(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.
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
(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)
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)
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.
The effectiveness of the
This Regulation shall enter into force on the date of publication.
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.