Amendment Of The Act On The Protection Of Competition

Original Language Title: změna zákona o ochraně hospodářské soutěže

Read the untranslated law here: https://portal.gov.cz/app/zakony/download?idBiblio=60406&nr=361~2F2005~20Sb.&ft=txt

361/2005 Coll.



LAW



of 19 December 2003. August 2005,



amending the Act No. 143/2001 Coll., on the protection of competition and the

amendments to certain acts (the Act on the protection of competition), as amended by

amended, and certain other laws



Change: 189/2006 Sb.



Parliament has passed the following Act of the United States:



PART THE FIRST



Amendment of the Act on the protection of competition



Article. (I)



Act No. 143/2001 Coll., on the protection of competition and amending

Some laws (law on the protection of competition), as amended by law

No. 340/2004 Coll., Act No. 484/2004 Coll. and Act No. 127/2005 Coll.,

be amended as follows:



1. In the heading of section 1, the words "subject to the law" are replaced by the words "Home

the provisions ".



2. in paragraph 1 of the text at the end of paragraph 2, the words "and Council regulation

(EC) on the control of concentrations between undertakings ^ 1b) (hereinafter referred to as ' the merger regulation ') ".



Footnote 1b is inserted:



"1b) Council Regulation (EC) No 139/2004 on the control of concentrations between undertakings. '.



Footnote # 1b is including a link to the note under

the line referred to as footnote No. 1 c.



3. in article 3, the following paragraph 4 is added:



"§ 4



The block exemption



(1) the prohibition under section 3 (1). 1 does not apply to agreements which do not have

effect on trade between Member States of the European communities pursuant to article.

81 of the Treaty, but fulfil the other conditions laid down by block

derogations adopted pursuant to article. 83 para. for the implementation of article 1 of the Treaty.

paragraph 81. 3 the contract the applicable regulations of the Commission or of the Council (hereinafter referred to as

"the community block exemption").



(2) the authority may allow block exemptions also for other types of agreements, if the

shown that the distortion of competition, to which the block exemption has led, is

outweighed by the benefits to other market participants, in particular for consumers.



(3) the decision of the individual competitors the advantage of exemption under

paragraph 1 or 2 shall be withdrawn, if in the agreement as a result of developments in the market

subject to such exception did not meet the conditions set out in § 3 (1).

4. ".



4. In article 6 (1). 1 (b). (b)), the words "the combined market share of participants to the agreement"

replaced by the words "share of any of the parties to the agreement".



5. In article 6 (1). 2 (a). and the second word) "or" is replaced by ",

limit or control production or sales or "and the words" or purchase

resources "shall be replaced by the words", purchase resources or customers ".



6. In article 6 (1). 2 (a). (c)), point 2, the words "assimilated goods"

the words "If the joint market share of participants of the horizontal agreement

or share of a party to the vertical agreement exceeds the

5% of the relevant market ".



7. In article 11 (1) 1, point g) repealed.



8. § 12 para. 1 the term "conversion" is replaced by the word "merger" and

footnote 6 is deleted.



9. in section 12 paragraph 1. 2 the term "material" shall be deleted, the word "contract"

the words "on the basis of the auction or in any other way" and at the end of

paragraph, the following sentence "part of the business, for the purposes of this Act,

means that part of the undertaking's competitors also, which can be uniquely

assign the selling of goods turnover on the relevant market, although

do not form a separate branch of the business. ".



10. in the second paragraph. 3 the words "single undertaking" shall be replaced by "one

competitor "and the words" any other business "shall be replaced by the words" another

a competitor ".



11. in § 12 para. 3 (b). (b)) the words "control or influence the competitive

the behavior-controlled competitors "are replaced by the words" a competitor

command ".



12. In article 12, paragraph 3, the following paragraph 4 is added:



"(4) for the purposes of Control of this Act means the ability to perform on the

the basis of the legal or factual facts decisive influence on the

the activities of a competitor, in particular on the basis of



and of ownership or rights) use to holding checked

competitor or its parts, or



(b)) the rights or other legal elements that provide the decisive influence

on the composition, voting or decisions of the organs of controlled

competitor. ".



Paragraphs 4 to 7 shall become paragraphs 5 through 8.



13. in § 12 para. 7, the words "referred to in paragraph 2" shall be deleted and the second sentence of the

the words "competitors, whose business includes trading

the papers ' are replaced by ' competitors, who are the providers of

investment services ".



14. in § 12 para. 7, the last sentence is replaced by the phrase "on a proposal from the Bank

or a competitor, which is a provider of investment services, the

The authority to extend the period of 1 year, if the applicant demonstrates that the purpose for

who has acquired the participation on the other competitors, could not be during this time of

achieved for objective reasons. ".



15. § 12 para. 8, the words "referred to in paragraph 2" shall be deleted.



16. in paragraph 13 (b). (b)), point 1, the word "transformation" is replaced by the word "merger".



17. in paragraph 13 (b). (b)), point 3, the words "the undertaking" shall be replaced by

"whom" and in paragraph 4, the words "§ 12 para. 4 "shall be replaced by the words" § 12 para.

5. "



18. in article 15, paragraph 2. 2 the words "pursuant to § 12 para. 1, 2 and 4 shall be replaced by

"in accordance with § 12 para. 1, 2 and 5 ", the word" transformation "is replaced by

"the merger", the word "material" shall be deleted and the words "any other business"

replaced by the words "a competitor".



19. the heading of section 16: "the conduct of the proceedings".



20. In article 16(1). 2 the first sentence, the words "and when it does not arise or not

strengthen the dominant position of the merging of competitors or any

of them, which would result in a substantial distortion of

the competition "are replaced by the words" but does not result in a substantial deterioration

competition "and in the second sentence after the words" serious concerns about the

significant distortion of competition "with the words", in particular

Therefore, that a dominant position will be strengthened

the merging of competitors or any of them ".



21. in article 16, paragraph 3, the following paragraph 4, including

footnote # 13:



"(4) the authority may, under the conditions laid down by the regulation on mergers ^ 13) request

The Commission to assess the management carried out and the link itself. To release

Commission decisions on whether such a connection, the authority shall assess the management itself

broken. If the Commission decides that such a link itself, the Office shall examine the

control stops.



Paragraphs 4 to 6 shall be renumbered as paragraphs 5 to 7.



13) Article. 22 paragraph 1. 1 Council Regulation (EC) No 139/2004. ";



22. In article 16(1). 5 the first sentence, the words ", in the case of connection to which

the takeover bid is to take the securities, within 2 months from the

initiation of proceedings ' shall be deleted, in the second sentence, the words "within"

shall be replaced by "that time", and the words "those time limits" shall be replaced by

"this period".



23. in section 16(1). 6, the number "4" is replaced by "5".



24. In article 17, after paragraph 1, insert a new paragraph 2 is added:



"(2) the decision on the authorisation of the concentration shall also apply to such restrictions

the competition that competitors entered in the application for authorisation

connection and that the concentration directly related to and necessary for its

fruition. ".



Paragraphs 2 and 3 shall become paragraphs 3 and 4.



25. in section 17 paragraph 3 reads:



"(3) the authority shall not allow the connection if it would result in a substantial

distortion of competition on the relevant market, in particular because it would

It would create or strengthen a dominant position of the merging

competitors or any of them. If the joint market share of the merging

competitors on the relevant market does not exceed 25%, it is considered that their

the connection does not result in a substantial distortion of competition,

unless it is in the assessment of the concentration to the contrary. ".



26. in section 17(2). 4 the fourth sentence with the number "4" is replaced by "5" and the

the end of paragraph 4, the phrase "If the parties such

obligations, or where they fail to nominate the proposed commitments to the conservation of

effective competition is insufficient, the Office may, for the benefit of maintaining effective

the competition set out in a decision on the merger conditions and restrictions

nenavržené, if the participants with their acceptance of the competitors agree.

If the Office shall make the permit connections by meeting the commitments proposed

competitors, may by decision determine the conditions and obligations necessary for the

ensure the implementation of these obligations. "



27. in section 18 (1):



"(1) before the filing of the application instituting proceedings under § 15 para. 1 and before

the legal power of the decision of the Office to which the connection is permitted, shall not be

Join competitors is to be made. ".



28. in section 18 paragraph 2 reads as follows:



"(2) the prohibition in paragraph 1 shall not apply to the implementation of the concentration,

which is to take place on the basis of a public takeover offer valuable participating

or on the basis of a series of transactions with securities, quoted in

as a result of which a check is being acquired from various bodies,

If they were promptly filed proceedings pursuant to §

15 paragraph 1. 1, and that the voting rights attached to the securities in question are not

carried out; This is without prejudice to the provisions of paragraphs 3 and 4. ".



29. in section 18 at the end of paragraph 4, the following sentence "the Office may, in a decision

about how to enable exceptions to lay down the conditions and limitations for the benefit of conservation

effective competition. "



30. in article 18, the following paragraph 5 is added:



"(5) if the Office finds that a concentration has been implemented in contravention of


by a final decision of the Office shall decide on the measures required to

the restoration of effective competition on the relevant market. For this purpose, the authority shall, in particular,

saves the obligation to sell shares of competitors, convert the acquired company

the merger or part thereof, or to cancel the contract

the basis of the merger occurred, or undertake any other appropriate measures,

that are necessary in order to restore effective competition on the relevant market. The Office of the

may issue such a decision even if it finds that has been implemented

connection without being filed proceedings pursuant to § 15 para. 1. ".



31. in section 20a para. 2, the words "to deny the benefit of any

exemption regulation within the meaning of article 87(1). 81 (3) of the Treaty "shall be replaced by

"the decision to the individual competitors the advantage community block

exceptions to withdraw ".



32. In section 20a, the dot at the end of paragraph 3 is replaced by a comma and the following

letters g), (h)) and i) are added:



"(g)) to submit their views to the management, which the Commission carried out according

The merger regulation,



h) issue decisions in cases where a regulation of the European

the community, taken in accordance with articles 83 to 86 of the Treaty, justify

The authority to adopt its decision,



I) receive remedial measures, the conditions and details of the designated

The Commission and the Member State to which the authorised the adoption of necessary measures to

redress under article 85 paragraph. 2 of the Treaty. ".



33. In section 20a para. 4 (b). a) after the word "Regulation", the words "and

The regulation on mergers ".



34. In section 20a para. 4 (b). (b)), after the words "investigation" the words

"according to the Regulation, or by the merger regulation."



35. In section 20a para. 4 (b). (d)), after the word "decision" shall be replaced

"under paragraph 1".



36. In section 20a para. 4 (b). (e)) at the end of the words "shall be added to the Advisory

Committee for the connection and to the Advisory Committee on State aid issues ".



37. In 20a, the following paragraph 5, including the footnotes No.

14A-14 d is added:



"(5) the procedure under the merger regulation, the authority shall be entitled to



and comment on the draft) on the referral of the case before its notification ^ 14a),



(b)) to ask the Commission to refer the case ^ 14b),



(c)) under the conditions laid down by regulation about mergers ^ 14 c) request the Commission to

examination of the case,



(d)) to decide on the case transferred by the Commission ^ 14 d).



Footnote No. 14a is referred to as a footnote

# 14e.



14A) Article. 4 (4). 4 and 5 of Council Regulation (EC) No 139/2004.



Article 14b). 9. 2 Council Regulation (EC) No 139/2004.



14 c) Article. 22 paragraph 1. 1 Council Regulation (EC) No 139/2004.



14 d) Article. 9. 3 Council Regulation (EC) No 139/2004 ".



38. In article 21, paragraph 1 reads:



"(1) the parties are the applicant and those whose rights and

obligations should be decided in negotiations and management. ".



38. In article 21, paragraph 1 reads:



"(1) the parties are the applicant and those whose rights and

obligations should be decided in negotiations and management. ".



39. In article 21 paragraph 4 is added:



"(4) the parties to proceedings shall be required to indicate the evidence to prove them

the alleged facts in accordance with the immediately binding legal

Statute of the European společenství14e). If a Party proposes

obligations pursuant to § 17 para. 4, is obliged to indicate the evidence to demonstrate that the

to fulfil these obligations it is sufficient for the maintenance of effective competition; before

implementation of the concentration must indicate the evidence needed to prove that these

accounts payable, where appropriate, the conditions and obligations imposed by the authority pursuant to § 17 para.

4 have been met. The party must also indicate the evidence

necessary to demonstrate the fulfilment of the obligations imposed by the Office pursuant to section 18

paragraph. 5. ".



40. in paragraph 21 of the paragraph. 5 the third sentence shall be inserted after the phrase "to ensure that the purpose of the

the investigation, employees can, where appropriate, the Office of business premises, enclosures,

mailbox, the books and other business records are located

seal of the period and to the extent necessary to carry out the investigation. ".



41. In section 21 para. 7, the words "paragraph 4" shall be replaced by the words "paragraph 5".



42. In paragraph 21 of the paragraph. 9 the first sentence, the word "or" is deleted.



43. In section 21a para. 2, the words "or article. 22 paragraph 1. 1 or 2 of regulation "

replaced by the words "article. 22 paragraph 1. 1 or 2, or article. 12 paragraph 1. 1

The merger regulation ".



44. In § 21a para. 4, the words "Office of the proceedings until a decision of such

the Competition Bureau is disconnected or the control stops "are replaced by the words" may

The authority control to stop or until the decision of such a competition authority

interrupt ".



45. In paragraph 22 of the paragraph. 1 (b). and), after the words "300 000 €" the words

"or to the amount of 1% of the turnover achieved by the competitor for the last

completed financial period ".



46. In paragraph 22 of the paragraph. 1 (b). a), the words "under this Act"

the words "or if the seal was broken by the located pursuant to § 21 para. 5. "



47. In section 22 para. 2 the words "completed calendar year" are replaced by the words

"the completed financial year" and the words "the obligations recognized" are replaced by the words

"measures" and the words "§ 11 (1) 3 "shall be inserted the words" or

According to § 18 para. 5. "



48. In paragraph 22 of the paragraph. 3 the words "failure to comply with an enforceable decision"

replaced by the words "conduct contrary to an enforceable decision".



49. In section 25a is replaced with a comma at the end of a period, a reference to a note below the

line 18 shall be deleted and the following words including notes below

line no. 18, 18a, 18b, 18 c, 18 d, 18e, 18f and 18 g shall be added: "with the exception of

provisions for the resolution of conflicts between the Administration, which leads to the proceedings, and

administrative authorities are the authorities concerned relating to solution

the question that is the subject of a decision ^ 18), provisions on who can

impose a fine and to what amount you can save ^ 18a), provisions

prohibiting changes to the contested decision, to the detriment of the appellant ^ 18b)

the provisions on time limits for the issuance of a decision ^ 18 c), the provisions on

the specific characteristics of the procedure for decomposition, the provisions on the composition of the Appellate Committee

and about the possible termination of the decay of ^ 18 d) and further provisions on the

participating in the proceedings) and ^ 18e provisions on procedure, when in doubt, whether

is someone party ^ 18f); the provisions of the administrative code of

participating in a proceeding under a special law ^ 18 g) shall not apply.



18) § 136 paragraph. 6 of the administrative code.



18A) § 62 para. 1 and 2 of the administrative code.



18B) § 90 para. 3 of the administrative code.



18 c) section 71 of the administrative code.



18 d) § 152 paragraph 1. 3 and 5 of the code of administrative procedure.



18e) section 27 para. 1 and 2 of the administrative code.



18F) section 28 of the code of administrative procedure.



18 g) section 27 para. 3 administrative procedure. ".



50. section 26 is added:



"section 26



The authority shall set by Decree of the content and form of the application for a permit pursuant to §

15 paragraph 1. 3. ".



Article II



Transitional provision



If the Authority before the date of entry into force of this Act, filed

at the initiation of the procedure under section 15 of Act No. 143/2001 Coll., as amended effective

to the effective date of this Act, in the case of a proposal to link with

the communitarian dimension ^ 1), and it has already been notified to the Commission by that date ^ 2)

The Office of proceedings in this case stops, or is not started.



Article. (III)



Regulation (EEC)



Shall be repealed:



1. Decree No. 198/2001 Coll., on the authorization of the General exceptions from the prohibition on agreements

distorting competition pursuant to § 3 (2). 1 of Act No. 143/2001 Coll., on the protection of

competition for certain types of vertical agreements.



2. Decree No. 199/2001 Coll., on the authorization of the General exceptions from the prohibition on agreements

distorting competition pursuant to § 3 (2). 1 of Act No. 143/2001 Coll., on the protection of

competition for certain types of research and development agreements.



3. Decree No. 200/2001 Coll., on the authorization of the General exceptions from the prohibition on agreements

distorting competition pursuant to § 3 (2). 1 and section 4, paragraph 4. 1 of law no 143/2001

Coll., on the protection of economic competition, for certain types of agreements

the provision of technology.



4. Decree No. 201/2001 Coll., on the authorization of the General exceptions from the prohibition on agreements

distorting competition pursuant to § 3 (2). 1 of Act No. 143/2001 Coll., on the protection of

competition for certain types of agreements on specialization.



5. Decree No. 202/2001 Coll., on the authorization of the General exceptions from the prohibition on agreements

distorting competition pursuant to § 3 (2). 1 of Act No. 143/2001 Coll., on the protection of

competition for certain types of agreements in the insurance sector.



6. Decree No. 203/2001 Coll., on the authorization of the General exceptions from the prohibition on agreements

distorting competition pursuant to § 3 (2). 1 of Act No. 143/2001 Coll., on the protection of

competition for certain types of agreements relating to the consultations on the

prices in personal air transport and allocation of free time.



7. Decree No. 205/2001 Coll., on the authorization of the General exceptions from the prohibition on agreements

distorting competition pursuant to § 3 (2). 1 of Act No. 143/2001 Coll., on the protection of

competition for certain types of agreements in the field of railway, road

and inland waterway transport.



8. Decree No. 31/2003 Coll., on the authorisation of the General exceptions to the prohibition of agreements

distorting competition pursuant to § 3 (2). 1 of Act No. 143/2001 Coll., on the protection of

competition for certain types of vertical agreements for the distribution and

service of motor vehicles.



9. Decree No. 242/2003 Coll., amending Decree No. 31/2003 Coll.

General exemptions from the permit the prohibition of agreements distorting competition pursuant to § 3

paragraph. 1 of Act No. 143/2001 Coll., on the protection of economic competition, for


certain types of vertical agreements for the distribution and service of motor

vehicles.



Article IV



The publication of the full text of the Act



The Prime Minister shall be empowered, in the collection of laws promulgated the full text

Act No. 143/2001 Coll., on the protection of economic competition, as is apparent from the

the laws of it changing.



PART TWO



Amendment of the Act on electronic communications



Article. In



Act No. 127/2005 Coll., on electronic communications and amending

some related laws (Act on electronic communications),

is amended as follows:



1. In section 10, paragraph 1. 1 (b). n), the word "effective" is replaced by "appropriate".



2. in section 26 para. 5, after the words "in accordance with paragraph 3.0" the words

"General conditions for the performance of tests".



3. In section 27 para. 2 the second sentence, the words "are part of the State

financial assets, ' shall be deleted.



4. In section 34 para. 2, after the words "geographical" following the word "phone"

and after the word "point" shall be inserted after the words "public telephone".



5. In section 34 para. 3, after the word "Negeografickým" shall be replaced

"telephone" and "mobile" are inserted after the word "phone".



6. In paragraph 38, at the end of paragraph 3, the following sentence is added: "for the calculation of

loss and its remuneration, the provisions of section 48 and section 49 paragraph 2. 1 and 11

accordingly. ".



7. In § 41 para. 1 and 4, the words "section 96" shall be replaced by the words "§ 95 and 96".



8. In § 41 para. 6 for the first sentence of the following sentence "on the basis of the contract can be

in the list to publish other information the Subscriber. ".



9. In § 48 para. 3 the first sentence, the words "and 3" are deleted.



10. In § 54 para. 2 the words "publicly available electronic

communication "be replaced by" publicly available telephone service ".



11. In § 73 para. 4, the words "telecommunications network" shall be replaced by

"communications network".



12. In § 83 para. 8 the third sentence after the word "Council" and the sentence to the fourth word

' The Council ' shall be inserted after the words "for radio and television broadcasting".



13. in paragraph 94, the following section heading: "Redirection

call ".



14. in § 99 paragraph 2. 1 the first sentence, the words "(a). (c)), and (d)) "shall be replaced by

"(b). (d)), and (e)) ".



15. In § 100 para. 5, the last sentence reads: "in the case that interference is formed

only the lack of electromagnetic compatibility of the receiving

the device, the operator shall inform the receiving device for receiving

possible conditions leading to the removal of the interference. "



16. in § 101 paragraph. 2 at the end of the dot is replaced by a comma and the following

the words "excavations and landscaping.".



17. In article 104, the following paragraph 4 is added:



"(4) the Builder, who raised the transhipment of overhead or underground

management of public communications networks, electronic communications, shall bear the costs

the necessary adjustments to the relevant section of the leadership of the electronic communications network,

at the level of the existing technical solutions. Costs related to the

modernization or by increasing the transmission capacity of overhead or underground

keeping electronic communications networks shall be borne by the owner of this leadership. ".



18. In paragraph 107, the following paragraph 11, which including the footnotes.

46A:



"(11) the members of the Council and its President are paid according to the Special

^ law 46a).



46A) Act No. 237/1995 Coll., on salary and other terms associated with the

the performance of the functions of the representatives of State power and some State authorities and

judges and members of the European Parliament, as amended

regulations. ".



19. in § 118 paragraph. 1 (b). j), the words "§ 96 para. 1, 2, 4, or 5 "

replaced by the words "§ 95 para. 1 or 2 or § 96 para. 2 or 3 ".



20. In § 118 paragraph. 1 the letter i) deleted.



Subparagraph (j)) to t) are known as letters i) to s).



21. in § 118 paragraph. 6 (a). (b)), the words "will threaten the provision of partial

lack of service values "are replaced by the words" exceeds the limit values ".



22. in § 118 paragraph. 11, the words "(a). a) to m) "are replaced by the words" (a).

a) to (l)) ".



23. in § 118 paragraph. 12, the words "(a). n) "are replaced by the words" (a). m) ".



24. In § 118 paragraph. 13, the words "(a). about) to t) "are replaced by the words" (a).

n) up to) ".



25. In § 121 paragraph 2. 2, the reference to footnote "22) ' is replaced by

referring to footnote. "21)".



26. In article 122, paragraph 1, including footnote No. 48a reads as follows:



"(1) unless otherwise provided by this Act, the procedure in proceedings before the

The Office under the administrative code. The provisions of the administrative procedure on the possible way

termination of decomposition ^ 48a) shall not apply. For the purposes of composition

the Appellate Committee, the members of the Council of the authority, with the exception of its President,

not considered to be employees of central public administration authority.



§ 152 paragraph 48A). 5 administrative procedure. ".



27. in § 122 para. 8, after the word "appeal" the words "or

decomposition ".



28. in § 122 para. 9, the words "section 114 para. 1 and 2 "shall be replaced by the words" § 114

paragraph. 2. "



29. in paragraph 123 of paragraph 1. 1 the first sentence after the word "appeal" the words

"or dithering" and the second in the sentence, the word "appeal" is replaced by

"decomposition".



30. In § 136 paragraph. 10, the word "public" is deleted.



31. in § 136 paragraph. 11 the last sentence, after the words "radio frequencies"

the words "or permission to use of the numbers". In the last sentence,

the following sentence is added: "permit to operate a broadcast radio

equipment for the amateur radio service issued pursuant to

the existing legislation shall be considered as individual permissions to

the use of radio frequencies and class operators. ".



32. § 136 paragraph 3 reads:



"(15) the validity of the licence to operate a broadcasting

radio equipment, with the exception of licences for the operation of broadcasting radio

equipment for the amateur radio service, issued in accordance with

the existing legislation does not change. Special eligibility cards

for the operation of broadcasting of radio equipment for the amateur

radiocommunications service issued pursuant to the existing legislation

(hereinafter referred to as "OM who open the card") shall expire on 30 April 2005. April

2007. the Office will replace the card within this period OM who open on request

the holder of such a licence for licence proficiency HAREC. ".



33. In § 136 paragraph. 17, the word "licensed" shall be replaced by

"tied".



34. In § 136 paragraph. 19, the words "in section 96" shall be replaced by the words "in section 95".



35. In paragraph 143 of paragraph 1. 1, after the words "of this Act ' shall be

the words "to the extent and under the conditions according to the existing legislation.

The obligation to provide universal service takes up to ".



36. In paragraph 149, the existing text shall become paragraph 1 and the following

paragraph 2, which reads as follows:



"(2) where this Act provides otherwise, the members of the Council are subject to the

the provisions of the labour code, up to the effective date of service

of the law. ".



37. the footnote # 40:



"40) Government Regulation No. 18/2003 Coll., laying down technical

product requirements in terms of their electromagnetic

compatibility. ".



PART THREE



Amendment of the Act on administrative fees



Čl.VI



Act No 634/2004 Coll., on administrative fees, shall be amended as follows:



1. In the annex to part VIII of the Act, Tariff Item 108 to 112:

"Item 108

1. the issue of a certificate of professional competence

for the operator



and) radiotelephony, radio telegraph

or other broadcast radio

equipment located on board

aircraft and ships

-$ 400.0-radiotelephony

-$ 600.0-radio telegraph-

-other broadcasting

radio equipment-$ 400.0-



b) radiotelephone and radio telegraph

terrestrial broadcasting

radio equipment of air moving

and the maritime mobile radiotelephone services and

services on inland waterways

-$ 300.0-radiotelephony

-$ 400.0-radio telegraph



c) radiotelephone

and radio telegraph land of broadcasting

of radio equipment operated

short wave band

-$ 300.0-radiotelephony

-$ 400.0-radio telegraph



(d)) of broadcasting radio

equipment for the amateur

$400.0-radio service



2. the renewal or implementation

changes in the card support

of eligibility referred to in point 1 Kč 200.0-



Item 109



and issue the certificate of notification) Communicaton

$1000.0-activities



(b) the issue of the communication) changes

$500.0-reported data



Item 110



and proposal for a decision) submission of the dispute,

with the exception of the dispute about the performance of the obligations of the

relative performance and objections against

settlement of the complaint under section 129

the law on electronic communications,

between the person performing the communication

activity on the one hand and the participant

where appropriate, by the side of the

the other $200.0-



(b)) proposal for a decision of the dispute,

with the exception of the dispute about the performance of

relative performance of obligations,

between persons engaged in communication

$10000.0-activities



(c)) proposal for a decision of the dispute 4% of this amount,

on the implementation of the obligations of at least

relative performance £ 200.0-



d) objecting to the settlement of the complaint

pursuant to section 129 of the Act

on electronic communications $100.0-



Note

Fee referred to in item (c)) is selected

a maximum of 500 000 CZK.



Item 111



and the decision to Release) permission to


the use of numbers-$ 5000.0-



(b) the renewal or implementation)

changes in permissions

to use £ 500.0-numbers



Note

The fee under this item is not selected,

where the administrative authority allocates numbers

for emergency calls, fault reporting,

calls with ohlašovnou of national and

international calls and information

(sounds) that inform the caller

the Subscriber of the changes to the subscriber number.



Item 112



and) release decision on individual

permission to use radio

frequencies

-for the extension and transfer of the radio

or television broadcasting (radio

Service) EUR 7000.0-

-for a fixed £ 5000.0-Service

-for an amateur

$500.0-radio service

-for other radio services-$ 3000.0-



(b)) to renew or make changes

in the individual permissions

to the use of radio frequencies

-for the dissemination and transfer of the radio

broadcasting (radio

Service) $500.0-

-for fixed service £ 500.0-

-for amateur radio

$200.0-Service

-for other radio services-$ 500.0-



Note

The fee under this item is not selected for

the decision referred to in

section 25 of Act No. 127/2005 Coll. on

electronic communications

and amending certain related laws

(Act on electronic

communications). ".



2. In the annex to part VIII of the Act, Tariff Item 113 and 114 shall be deleted.



3. In the register to the Tariff part VIII name: "fees in

electronic communications ".



PART FOUR



Amendment of the Act No. 237/1995 Coll., on salary and other constituent parts of the United

with the performance of the functions of the representatives of State power and some State authorities

and judges and members of the European Parliament



Article. (VII)



Act No. 237/1995 Coll., on salary and other terms associated with the

the performance of the functions of the representatives of State power and some State authorities and

judges and members of the European Parliament, as amended by Act No. 138/1996

Coll., Act No. 285/1997 Coll., Act No. 155/2000 Coll., Act No. 231/2001

Coll., Act No. 309/2002 Coll., Act No. 422/2002 Coll., Act No. 361/2003

Coll., Act No. 427/2003 Coll., Act No. 49/2004 Coll., Act No. 359/2004

Coll. and Act No. 626/2004 is amended as follows:



1. In paragraph 1 (b). (f)) at the end of the text, the words "and Member and Chairman of the

The Council of the Czech Telecommunications Office ".



2. In section 27a, ' 1.424 "is replaced by" 1.52 ".



3. In section 27b, ' 1.932 "is replaced by" 2.06 ".



PART FIVE



cancelled



Article. (VIII)



cancelled



PART SIX



Amendment of Act No. 48/1997 Coll., on public health insurance and amending

and supplementing certain related laws



Article. (IX)



In section 5 (b). and section 9 of the Act) No. 48/1997 Coll., on public health

insurance and amending and supplementing certain related laws, as amended by

Act No. 18/2000 Coll., Act No. 176/2002 Coll., Act No. 309/2002 Coll.

Act No. 361/2003 Coll., Act No. 424/2003 Coll., Act No. 425/2003 Coll.

Act No. 85/2004 Coll., Act No. 359/2004 Coll., Act No. 435/2004 Coll. and

Act No. 435/2004 Coll., the words "members of the Council for radio and

television broadcasting, "the words" members of the Council of the Czech

Telecommunications Office, ".



PART SEVEN



Amendment of the Act No. 155/1995 Coll., on pension insurance



Article. X



In § 5 para. 1 (b). I) Act No. 155/1995 Coll., on pension insurance,

as amended by Act No. 136/1997 Coll., Act No. 220/1999 Coll., Act No.

18/2000 Coll., Act No. 132/2000 Coll., Act No. 115/2001 Coll., Act No.

362/2003 Coll., Act No. 424/2003 Coll., Act No. 359/2004 Coll. and act

No 436/2004 Coll., the words "members of the Council for radio and television

the broadcast, "the words" members of the Council of the Czech telecommunications

the authority, ".



PART EIGHT



Amendment of the Act No. 218/2000 Coll. on budgetary rules and amending

certain related acts (budgetary rules)



Article. XI



In section 36 of Act No. 218/2000 Coll. on budgetary rules and amending

certain related acts (budgetary rules), as amended by law

No 482/2004 Coll. and Act No. 127/2005 Coll., in paragraph 3, sentence

"Part of the State-owned financial assets is also radio account

established under a special legal regulation "shall be deleted.



PART NINE



Amendment of the Act on social security and a contribution to the State

employment policy



Article. (XII)



In section 3, paragraph 3. 1 (b). c) of Act No. 589/1992 Coll., on social

Security and contribution to the State employment policy, as amended by

Act No. 308/1993 Coll., Act No. 241/1994 Coll., Act No. 160/1995 Coll.

Act No. 18/2000 Coll., Act No. 132/2000 Coll., Act No. 309/2002 Coll.

Act No. 361/2003 Coll., Act No. 424/2003 Coll., Act No. 359/2004 Sb.

and Act No. 435/2004 Coll., in paragraph 8 the words "members of the Council for

radio and television broadcasting, "the words" members of the Council of the Czech

Telecommunications Office, ".



PART TEN



Amendment of the Act on the Organization and implementation of social security



Article. XIII



Act No. 582/1991 Coll., on the Organization and implementation of social security,

as amended by Act No. 586/1992 Coll., Act No. 38/1993 Coll., Act No.

160/1993 Coll., Act No. 308/1993 Coll., Act No. 241/1994 Coll., Act No.

118/1995 Coll., Act No. 160/1995 Coll., Act No. 138/1997 Coll., Act No.

306/1997 Coll., Act No. 93/1998 Coll., Act No. 222/1999 Coll., Act No.

356/1999 Coll., Act No. 360/1999 Coll., Act No. 18/2000 Coll., Act No.

29/2000 Coll., Act No. 132/2000 Coll., Act No. 133/2000 Coll., Act No.

155/2000 Coll., Act No. 155/2000 Coll., Act No. 220/2000 Coll., Act No.

238/2000 Coll., Act No. 258/2000 Coll., Act No. 408/2000 Coll., Act No.

116/2001 Coll., the Act No. 353/2001 Coll., Act No. 151/2002 Coll., Act No.

263/2002 Coll., Act No. 265/2002 Coll., Act No. 309/2002 Coll., Act No.

320/2002 Coll., Act No. 519/2002 Coll., Act No. 361/2003 Coll., Act No.

424/2003 Coll., Act No. 422/2003 Coll., Act No. 461/2003 Coll., Act No.

53/2004 Coll., Act No. 167/2004 Coll., Act No. 283/2004 Coll., Act No.

359/2004 Coll., Act No. 435/2004 Coll., Act No. 501/2004 Coll. and act

No 168/2005 is amended as follows:



1. canceled



2. In article 36 at the end of the letter z) dot replaced with a comma and the following

the letter a), which reads as follows:



"members of the Council), the Czech Telecommunications Office Český Telecom

the authority. ".



PART ELEVEN



The EFFECTIVENESS of the



Article. XIV



This Act shall take effect on 1 January 2000. October 2005, with the exception of the provisions

the first section of the article. I, section 49, in respect of section 25a, which shall take effect

on 1 January 2004. January 1, 2006.



Fort Worth Star Telegram in r.



Klaus r.



Paroubek in r.



1) Article. 1 Council Regulation (EC) No 139/2004.



2) Article. 4 Council Regulation (EC) No 139/2004.