236/2012 Sb.



LAW



of 13 October. June 2012,



amending Act No. 215/2004 Coll., on regulation of certain relations in the

the area of public aid, and on the amendment of the Act on the promotion of research and development, in the

amended by Act No. 109/2009 Sb.



Parliament has passed the following Act of the United States:



Article. (I)



Act No. 215/2004 Coll., on regulation of certain relations in the field of public

support and amending the law on the promotion of research and development, as amended by Act No.

109/2009 Coll., is amended as follows:



1. § 1, including title and footnote No 1 is added:



"§ 1



The subject of the edit



This law regulates the following on directly applicable provisions of the European

Union ^ 1) performance of State administration in the area of public aid, the rights and

obligations of the providers and recipients of public aid and the aid of a small

the scope of the public support the coordinating authority (hereinafter referred to as

"the coordinating authority"), some question the synergies of the Czech Republic

The European Commission (hereinafter referred to as "the Commission"), as well as some additional relationships with

the provision of public support and promotion of small scale related.



1) Council Regulation (EC) No 994/98 of 7 May 1998. May 1998 on the application of

Articles 92 and 93 of the Treaty establishing the European Community to certain

categories of horizontal state aid.



Council Regulation (EC) no 659/1999 of 22 December 1999. March 1999 laying

detailed rules for implementing article 93 of the EC Treaty.



Commission Regulation (EC) no 794/2004 of 21 April 2004. April 2004 laying

Council Regulation (EC) no 659/1999 laying down detailed

rules for the application of article 93 of the EC Treaty.



Commission Regulation (EC) No 1998/2006 of 15 March. December 2006 on the application of

of articles 87 and 88 of the EC Treaty to de minimis aid.



Commission Regulation (EC) no 875/2007 of 24 September. July 2007 on the application of

of articles 87 and 88 of the EC Treaty to de minimis aid in the fisheries sector and the

amending Regulation (EC) No 1860/2004.



Commission Regulation (EC) No 1535/2007 of 20 December. December 2007 on the application of

of articles 87 and 88 of the EC Treaty to de minimis aid in the sector of production

agricultural products ".



2. section 2, including footnote # 7:



"§ 2



Definition of terms



For the purposes of this Act, means the



and public support for aid), as defined in article 107 TFEU

The European Union,



(b)) the support of small-scale aid granted on the basis of the right

of the applicable legislation of the European Union on de minimis aid ^ 7),



(c)) the provider of the public aid (hereinafter referred to as "provider") the one who

shall decide on the grant of public aid; If a grant of public

the aid shall be decided by the Government of the United Kingdom, the service provider

Ministry or other central administrative authority that the proposal for the provision of

public support or design a program of public aid has submitted to the Government

The United States,



(d) support small scale) the one who decides on

the provision of support to small scale,



e) recipient of public aid (hereinafter referred to as the "recipient") a natural or

legal person in whose favour it has been a public aid

decided,



(f) receiving the aid) small scale natural or legal person, in

for whose benefit it was a small-scale aid decided



g) coordination body Ministry of agriculture or the Office for the protection of

of competition (hereinafter referred to as "the authority"), which shall carry out, within

the scope of the central coordination, advisory, consulting and

monitoring activities in the area of public aid,



(h) the date of granting of the aid) small scale day when the beneficiaries of the aid

small scale on this support a legal claim, with the emergence of

legal claim means the date the legal effects of the Act

on the basis of which the aid was small scale to the recipient.



7) Commission Regulation (EC) No 1998/2006 of 15 March. December 2006 on the application of

of articles 87 and 88 of the EC Treaty to de minimis aid.



Commission Regulation (EC) no 875/2007 of 24 September. July 2007 on the application of

of articles 87 and 88 of the EC Treaty to de minimis aid in the fisheries sector and the

amending Regulation (EC) No 1860/2004.



Commission Regulation (EC) No 1535/2007 of 20 December. December 2007 on the application of

of articles 87 and 88 of the EC Treaty to de minimis aid in the sector of production

agricultural products ".



3. In article 3, paragraph 3. 3 (c)):



"(c)) shall submit an annual report on the public aid provided

on the territory of the United States, ".



4. In article 3, paragraph 3. 3 the letter g) the following points (h) to (j)))

shall be added:



"h) is issued by providers of opinion to support small scale before

provide, in particular, whether it is a small-scale support and whether they are

filled with terms and conditions for the granting thereof,



I) reviews the performance of an obligation according to § 3a paragraph 2. 4 and stores the measures

to correct,



j) proceedings under section 8 c lead paragraph. 2, ".



Subparagraph (h)) and i) are known as the letters k) and (l)).



5. In section 3, paragraph 3. 3 (b). k) and in § 3a paragraph 2. 3 (b). (b)), the words

"European Community" shall be replaced by the words "European Union".



6. In § 3a paragraph 2. 3 of the introductory part of the provisions for the word "provider"

the words "support small scale".



7. In § 3a paragraph 2. 3 (b). a) after the word "beneficiaries" shall be replaced

"support small scale" and the words "European Community" shall be replaced by the

the words "European Union".



8. In section 3a, paragraph 4 reads:



"(4) small-scale support provider in the legal act shall be

small-scale aid name of directly applicable legislation

The European Union, according to which the aid was granted to small-scale ^ 7);

within 5 working days from the date of granting of the aid recorded ISP

support small scale in the central register of the data provided by the

the promotion of small scale and on its beneficiaries. ".



9. in § 5 para. 1 (b). a), the words "outside the field of agriculture and fisheries"

be deleted and the words "outside the field of agriculture and fisheries; the details of the

compliance with this obligation laid down detailed legal regulation "are replaced by the

the words "; the information that the service provider is obliged to the coordinating authority

present, provides for a directly applicable regulation the European Union ^ 8) "and

the following sentence "the information provider is obliged to the coordinating

authority to be sent in case the unfulfilled in a given year within the notified

public support for any resources, ".



Footnote # 8 reads as follows:



"8) Annex III to Commission Regulation (EC) no 794/2004 of 21 April 2004. April 2004,

implementing Council Regulation (EC) no 659/1999 laying down the

detailed rules for applying article 93 of the EC Treaty. ".



10. in paragraph 6, the following new section 6a, which including the title reads as follows:



"§ 6a



Confidentiality



Staff of the coordinating body carrying on business, in which he learns

the fact constituting the subject-matter of trade secrets or confidential

information, are obliged to maintain secrecy about them. This obligation

After the termination of their employment relationship. The obligation to

confidentiality shall not apply if the employee serving on such

facts and data, testimony to law enforcement or

in the proceedings before the Court, or if the challenge of these authorities or

the Court served a written statement. Violation of obligation to maintain

confidentiality is the provision of information and data to the Commission, the authority,

Ministry or other administrative authorities for the purposes of the performance of their

the scope of or obligations. In this case, the recipient is obliged to

ensure the same level of confidentiality of information and data forwarding.

The obligation of professional secrecy, and its extent shall be decided by

the head of the coordinating body or authorized worker. ".



11. The heading above paragraph 8a is inserted: "administrative offences".



12. in section 8a of the paragraph. 2 of the introductory part, the words ' provisions as

provider of ", the words" or a small support provider

the range ".



13. in paragraph to section 8a. 2, the following new subparagraph (a)), which read as follows:



"and does not name) directly applicable legislation of the European Union in the legal

the Act of granting the aid is small according to § 3a paragraph 2. 4. "



Letters) to c) shall become point (b)) to (d)).



14. in section 8a of the paragraph. 2 (a). (c)), the word "or" is deleted.



15. in section 8a, the dot at the end of paragraph 2 shall be replaced by "or", and

the following point (e)), which read as follows:



"e) within the prescribed period fails to comply with an obligation imposed measures to remedy the

under section 8 c. ".



16. in section 8a of the paragraph. 3 at the end of the text of subparagraph (a)) the following words "or

(b)) ".



17. in paragraph to section 8a. 3, the letter "a") the following new subparagraph (b)), which read as follows:



"(b)) to the 200 000 CZK in the case of an administrative offence referred to in paragraph 2 (a). e),“.



Subparagraph (b)), and (c)) shall become points (c) and (d)).)



18. in paragraph to section 8a. 3 (b). (c)), the word "b)" is replaced by "(c))".



19. in paragraph to section 8a. 3 (b). (d)), the word "c) ' shall be replaced by" d ").



20. the following section is inserted after section 8b, 8 c, which including the title reads as follows:



"section 8 c



Measures to remedy the



(1) If a coordinating authority finds that a small support provider

the scope did not indicate the name of the directly applicable European Union legislation

an Act granting the aid is small or has not experienced in the

the central register of the data on the aid granted to the beneficiary and its

According to § 3a paragraph 2. 4, can save the providers of corrective measures, and




and subsequently mark) the obligation of aid granted in support of small

extent, or



(b)) the obligation to transpose the record into a central registry; to do this, it

a reasonable deadline to correct the situation.



(2) the procedure for the review of compliance with the obligations pursuant to § 3a paragraph 2. 4 may

coordinating authority to start no later than 3 years from the date of granting the aid

small scale. "



21. In article 8b, paragraph 6 shall be deleted.



22. in § 9 para. 1 the words "coordinating authority" shall be replaced by

"The Ministry of agriculture and the Office of" and the words "the form and content of performance

information obligations of providers pursuant to § 5 para. 1 (b). and) "

replaced by the words "the content and scope of the information that the service provider is support

small scale shall be recorded in the central register, and the procedure for

their recording ".



23. in article 9, paragraphs 2 and 3 shall be deleted and shall be deleted at the same time marking

of paragraph 1.



Article. (II)



Regulation (EEC)



Decree No 207/2005 Coll., on the form and content of implementation of information obligations

to be provided by public support, is hereby repealed.



Article. (III)



The effectiveness of the



This Act shall take effect on the first day of the calendar month

following the date of its publication.



Němcová in r.



Klaus r.



Nečas in r.