154/2009 Sb.



LAW



of 7 November. in May 2009,



amending Act No. 248/2000 Coll., on the promotion of regional development,

as amended, law No. 218/2000 Coll., on the budget

rules and amending certain related laws (budget

the rules), as amended by later regulations, and Act No. 89/1995 Coll., on

the national statistical service, as amended



Parliament has passed the following Act of the United States:



PART THE FIRST



Amendment of the Act on the promotion of regional development



Article. (I)



In Act No. 248/2000 Coll., on the promotion of regional development, as amended by

Act No. 320/2002 Coll., Act No. 109/2006 Coll., Act No. 137/2006 Coll.,

Act No. 186/2006 Coll. and Act No. 66/2007 Coll., for part of the fourth

Insert a new part five, including title and footnote # 7,

7A, 7b, 7 c, 7 d and 7e:



"PART FIVE



THE EUROPEAN GROUPING OF TERRITORIAL COOPERATION



§ 18a



(1) this section governs the following a directly applicable regulation

The European Parliament and of the Council establishing a European grouping of territorial

^ 7) cooperation (hereinafter referred to as the "regulation on the European grouping") to

approval of participation in the European grouping of territorial cooperation (hereinafter referred to

"the group"), in the establishment and registration of a grouping based on the territory of the

The United States and other related relations.



(2) under this law, you cannot set up a group with the participation of a member with

limited liability under art. 12 paragraph 1. 2 of the regulation on the European

grouping.



(3) the name of the group with its registered office on the territory of the United States must contain a

the designation "European grouping of territorial cooperation" or the abbreviation

"ESUS".



section 18b



The approval for the participation of a member in the Group



(1) a possible future Member of the group, as a legal person

or formed under the laws of the United States, formally

approval of their participation in a grouping with offices located on the territory of the Czech Republic

or in the territory of another Member State of the European Union to the Ministry. To

the request must be accompanied by the supporting documents for the approval procedure in accordance with

the provision of article. 4 (4). 2 (a). (b)), the regulation on the European grouping.



(2) the Ministry of a request for approval of participation in a grouping shall reject the

If the Court finds the reasons given in the article. 4 (4). 3 of the regulation on the European

grouping.



(3) a member of the group, which has been approved by the Ministry of participation in

grouping is established on the territory of the United States, but the Group was not

not yet registered, or a member of the group, which has been approved by the participation in the

the grouping based on the territory of another Member State of the European Union, it is

obliged to notify the Ministry planned amendment to the Convention or

a substantial amendment to the statutes referred to in article. 4 (4). 6 of the regulation on the European

Group and ask for its approval.



§ 18 c



Registration group



(1) the Group is based in the Czech Republic is a legal person and

date of entry in the register of grouping (hereinafter referred to as "the register") kept by the

The Ministry.



(2) the application for entry in the register (hereinafter referred to as "the register") shall be entitled to

submit to the Ministry of person in charge of the future members of the group. Part of the

applications are also a certified copy of the approved Convention and statutes referred to in article.

8 and 9 of the regulation on the European grouping, data about the name, or names,

last name and address of the place of residence of the Director of the group, address for

service, or electronic address ^ 7a) for the delivery and documents

containing the consents granted all possible future States members

Group established under the legislation of their country of residence.



(3) the Ministry will reject the registration if the procedure approved by the

laid down in § 18b participate in grouping member which has been established or

established under the legislation of the Czech Republic.



(4) the Ministry writes to the registry



and) name and address of the group,



(b)) the period for which the grouping is based,



(c) the establishment and tasks of the) purpose of grouping,



(d) a list of members of the Convention),



(e)) the name or name, surname and address of the place of residence of the Director

grouping and



f) an address for service or e-mail address for delivery.



(5) the Ministry shall register the statutes adopted by the groups on the article. 9

paragraph. 1 of the regulation on the European grouping of the. The fact that appear in

the registry, and the full text of the Convention and the statutes of the Ministry will publish in the manner

allowing remote access.



(6) the Group based in the Czech Republic is obliged to notify

The Ministry of the planned change in the registered facts under art. 4

paragraph. 6 of the regulation on the European grouping before the authorities

Group and ask for its approval. The Ministry of a request for approval

changes shall be refused if the Court finds the reasons given in the article. 4 (4). 3 of the regulation on

the European grouping. Otherwise, it shall notify the group, that change may

take.



(7) the change of the facts referred to in paragraph 4, or

set out in the statutes and the Convention shall notify the Ministry of the Group 7

working days from the date when this change occurred, and the Department of it

registers. A grouping shall send the Ministry as part of the notification referred to in

the first sentence also modified the full text of the Convention and the statutes, and the Ministry is

publish in the manner referred to in paragraph 5.



§ 18 d



Cancellation and termination of grouping



(1) if the Ministry that the Group meets reality

referred to in article 14(2). 14 of the regulation on the European grouping, it immediately

grouping and invite them to refrain from such activities.

If the grouping in this activity continues, the Ministry is cancelled and the

grouping goes into liquidation.



(2) the Group shall expire on the deletion of the registry, which the Treasury makes

on the proposal of the liquidator upon completion of the disposal.



section 18e



Participation of the State and territorial self-governing units in the Group



(1) the Czech Republic can become a member of the group only with the prior

the consent of the Government of the Czech Republic. A proposal to grant consent shall submit

the Member of the Government, whose competence is factually linked to specific objective and

grouping tasks designated by the Convention.



(2) for the participation of territorial self-governing units in a grouping shall not apply

the provisions of other legislation governing cooperation ^ 7b) with

territorial authorities of other States.



section 18E



Accounting and financial statements



(1) the Group is an entity and keep accounts according to a special

^ Law 7 c).



(2) the Group shall ensure verification of annual accounts auditor ^ 7 d).



§ 18 g



Annual report



(1) the Group shall draw up for each calendar year of its activity the annual

the message and passes it to the Ministry, by 15. July following

of the year. The Ministry shall publish an annual report in a manner allowing remote

access.



(2) the annual report shall contain



and an overview of the activities carried out in the) calendar year, specifying their

relation to the objectives and tasks of the group referred to in the Convention,



(b)) the financial statements and the evaluation of basic data contained therein,



(c) changes in the composition of the institutions) grouping, which has occurred in the course of the year, and



(d)) an audit opinion on the accounts.



(3) is received by the Ministry from the Group an annual report within the time limit referred to in

paragraph 1, it shall invite the group to do so in addition provided for

the time limit. After its expiry, the Ministry follows the article. 13

Regulation on the European grouping of the. Similarly, the Department shall proceed in the

the case, entitle him to information about the activities of the Group

in the annual report.



§ 18 h



Check the use of public funds



For the determination of the scope of authority of the examining procedure of public

funds for grouping according to art. 6 (1). 1 the regulation on

the European grouping shall apply the law on financial control ^ 7e).



7) European Parliament and Council Regulation (EC) No 1082/2006 of 5 October 2006

July 2006 on a European grouping of territorial cooperation (EGTC).



7A) Act No 227/2000 Coll. on electronic signature and amending certain

other laws (the law on electronic signature), as amended

regulations.



7B) section 55 of Act No. 128/2000 Coll., on municipalities (municipal establishment), as amended by

Act No. 312/2002 Coll.



section 28 of Act No. 129/2000 Coll., as amended by Act No. 231/2002 Sb.



section 27 of Act No. 133/2000 Coll., as amended by Act No. 143/2001 Coll.



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



7 d) Act No. 93/2009 Coll. on Auditors and amendment to certain laws

(Act on Auditors).



7E) Act No. 320/2001 Coll., on financial control in the public administration and the

amendments to certain acts (the Act on financial control), as amended

regulations. ".



The fifth part is referred to as part of the sixth.



PART TWO



Amendment to the law on budgetary rules



Article. (II)



In section 7 of Act No. 218/2000 Coll. on budgetary rules and amending

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

No 141/2001 Coll., Act No. 450/2001 Coll., Act No. 483/2003 Coll., Act

No 436/2004 Coll., Act No. 480/2004 Coll., Act No. 112/2006 Coll., Act

No 137/2006 Coll., Act No. 262/2006 Coll., Act No. 174/2007 Coll. and

Act No. 26/2008 Coll., is at the end of paragraph 1, the period is replaced by a comma and

the following letter from), which read as follows:



"from) subsidies and returnable financial assistance the European grouping for territorial

^ cooperation 11a). ".



PART THREE




Amendment of the Act on State statistical service



Article. (III)



In section 22 of Act No. 89/1995 Coll., on State statistical service, as amended by

Act No. 359/1999 Coll., Act No. 408/2000 Coll., Act No. 561/2004 Coll.

Act No. 340/2005 Coll. and Act No. 245/2006 Coll., in paragraph 1,

the letter f) the following new paragraph (g)), including footnotes.

12d:



"g) European grouping for territorial cooperation established under the

special legal regulation ^ 12d) the Ministry for local development,



12d) Act No. 247/2000 Coll., on the promotion of regional development, as amended by

amended. ".



Letter g) is renumbered as paragraph (h)).



PART FOUR



The EFFECTIVENESS of the



Article. (IV)



This Act shall take effect on the date of its publication.



Vaidya in the r.



Klaus r.



Fischer v. r.