109/2009 Sb.
LAW
of 27 June. March 2009,
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,
Act No. 252/1997 Coll., on agriculture, as amended, and
Act No. 218/2000 Coll. on budgetary rules and amendments
related acts (budgetary rules), as amended
the laws of the
Parliament has passed the following Act of the United States:
PART THE FIRST
Amendment of the Act on the adjustment of some relations in the area of public aid, and about
Amendment of the Act on the promotion of research and development
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, shall be 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
Of the European Communities ' ^ 1 ') performance of State administration in the field of public
of the aid, the rights and obligations of providers and recipients of public aid
the coordinating authority for public aid (hereinafter referred to as
"the coordinating authority"), some question the synergies of the Czech Republic
The Commission of the European Communities (hereinafter referred to as "the Commission"), as well as some
other relationships related to the provision of public support.
1) 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 ".
Former footnote No. 2 to 13 and no. 15, is deleted, including the
references to footnotes and footnote No 14
renumbered as footnote # 5, including links to a comment
below the line.
2. In paragraph 2, at the end of subparagraph (b)) the dot replaces the comma and the following
subparagraph (c)), and (d)), which read as follows:
"c) 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,
(d) the date of granting of the aid) small scale day when beneficiaries to this
support for a legal claim. ".
3. section 3, including title and footnotes 2 and 3 read as follows:
"§ 3
Competence in the area of public aid
(1) the authority shall exercise the responsibilities of coordinating body outside the area
Agriculture and fisheries.
(2) the Ministry of agriculture shall perform the responsibilities of the coordinating authority,
excluding the activities referred to in paragraph 3 (b). (d)), in the field of public
aid to agriculture and fisheries.
(3) coordination body
and) works with the provider prior to the notification of public support to the Commission,
b) cooperate with the Commission and with the provider in the course of the proceedings before the
By the Commission,
c) keeps records of public aid granted to the territory of the Czech Republic
and submit to the Commission an annual report,
(d)) ^ 2) performs a check of the final decision on the public
support issued by the authority pursuant to the legislation in force prior to the effective
This law,
e) decide on the imposition of fines under this Act,
f) passes the notification of public support to the Commission,
g) deliver opinions on the submission made by the provider before the start
procedure before the Commission and in its course,
h) represents the Czech Republic for the consideration and preparation of legal
regulations of the European communities relating to the issue of public
support,
I) is the administrator of the central register of small-scale aid (hereinafter referred to as
"central registry"), which is the public administration information system
under special legislation ^ 3).
2) Act No. 553/1991 Coll. on State control, as amended
regulations.
3) Act No. 365/2000 Coll., on public administration and information systems of the
amendments to certain other laws, as amended. ".
4. in article 3, the following new paragraph 3a, including the title reads as follows:
' section 3a
Registration of small-scale aid
(1) the central registry is a public administration information system that
contains information about the provided by the aid of a small range.
(2) data on the total support of the central register of small scale, which
the recipient received, can be accessed by the remote provider
access.
(3) the provider is obliged before the aid is small in
a central registry to verify whether the granting of the aid does not
and) to cross the limit established in the recipient directly applicable
Regulation of the European communities,
(b)) to exceed the limit set out in the field of agriculture and fisheries for
The Czech Republic in directly applicable legislation of the European communities.
(4) the provider shall, within 5 working days from the date of grant
recorded in the central register of support data about the aid granted
small scale and on its beneficiaries. ".
5. In paragraph 4, the word "providers", the words "in cooperation with the
the coordinating authority ".
6. in article 4 the present text becomes paragraph 1 and the following
paragraphs 2 to 4 shall be added:
"(2) providers will require a previous opinion of the coordinating
authority of the submissions made before the commencement of proceedings before the Commission and in its
the course.
(3) the coordinating authority shall issue an opinion no later than 5 working days, in
the case of agriculture and fishing within 15 working days from the date of delivery of the
request. In the case that a coordinating body in this period
unless otherwise instructed, it is considered that his opinion on the Administration is positive.
(4) the provider announces a public support to the Commission in electronic form
through the coordinating body. The coordinating authority shall immediately
inform the provider about the transmission of the notification to the Commission. ".
7. the heading of section 5 reads: "the provision of documents and other information related to
the public AIDS. "
8. in § 5 para. 1 introductory part of the provisions, the word "Authority" is replaced by
the words "the coordinating authority" and the word "submit" is replaced by
to "submit".
9. in § 5 para. 1 (b). a) after the word "aid", the words "excluding
the area of agriculture and fisheries "and after the word" support "with the words
"outside the area of agriculture and fisheries".
10. in § 5 para. 1 (b). (c)), the word "Authority" is replaced by
"the coordinating authority", the words "information and documents relating to the
public support or to programs "are replaced by the words" documents and other
information concerning the public aid or programs "and the word" authority "is
replaced by the words "the coordinating authority".
11. in § 5 para. 2 the term "Authority" is replaced by "coordination
"and the word" Office "shall be replaced by the words" the coordinating authority ".
12. in section 5, paragraph 3:
"(3) the Documents and information referred to in paragraphs 1 and 2 of the provider are
and the recipient shall be obliged to submit to the coordinating authority full and truthful. "
13. in section 5, the following paragraph 4 is added:
"(4) all documents and other information relating to the notification of the public
promotion and management pursuant to § 4 of the provider is obliged to submit
the coordinating authority, on request, also in electronic form. ".
14. In paragraph 6 of the present text shall become paragraph 1 and the word
"provide" shall be inserted after the words "the coordinating authority".
15. In paragraph 6, the following paragraph 2 is added:
"(2) the provider or the recipient, which fails to comply with an obligation under the
paragraph 1, it may impose a fine of a coordinating body to 100 000
CZK. You can save and fined repeatedly. The sum of the following saved
by the fines may not exceed 1 000 000 CZK. ".
16. in section 7 (2). 1 the comma after the word "return" is deleted, and the word
"return" with the words "to the provider or his legal
successors, and it ".
17. in section 7 paragraph 2, including footnote No. 4 reads as follows:
"(2) the provider shall without undue delay take all
necessary measures to ensure fulfilment of the obligations under paragraph 1. For
the purpose of the recipient's provider without delay require the recovery of the public
the aid referred to in paragraph 1; If this is not the time for the recovery or
the interim recovery of public aid from the Commission's decision,
at the same time period in the call provider provides. After a lapse of time to
the return or the return of the provisional public aid provider
the Commission shall decide the withdrawal of recipients under a special legal regulation ^ 4),
or, if you cannot do so, it shall-a claim in
the Court.
4) for example, Act No. 218/2000 Coll. on budgetary rules and amending
related acts (budgetary rules), as amended
legislation, law no 250/2000 Coll. on budgetary rules of territorial
budgets, as amended. ".
18. section 8 including the title reads as follows:
"section 8
Misdemeanors
(1) a natural person has committed an offence as a recipient that does not submit
coordinating authority in the document or other information relating to the public
the aid referred to in § 5 para. 2 or 3.
(2) for the offence referred to in paragraph 1 can be used to impose a fine of up to 300 000 CZK. ".
19. in paragraph 8, the following new section 8a and 8b, which including the titles and notes
footnote 6 shall be added:
"Administrative offences of legal persons and natural persons-entrepreneurs
§ 8a
(1) a legal entity or individual entrepreneur as a recipient
committing an administrative offense that does not submit to the coordinating authority
a document or other information concerning the public aid referred to in paragraph 5 of the
paragraph. 2 or 3.
(2) a legal entity or individual entrepreneur, as a provider of
committing an administrative offense, by
and after the central registry) data according to § 3a paragraph 2. 4,
(b)) do not submit to the coordinating authority document or other information
concerning the public aid pursuant to § 5 para. 1, 3, or 4, or
(c)) fails to take all necessary measures pursuant to § 7 para. 2.
(3) an administrative offense shall be fined
and the 100 000 CZK), in the case of an administrative offence referred to in paragraph 2 (a). and)
(b)) to 300 000 CZK in the case of an administrative offence referred to in paragraph 1 and paragraph 2
(a). (b)),
(c)) to $ 1 000 000 in the case of an administrative offence referred to in paragraph 2 (a). (c)).
§ 8b
Provisions common to administrative offences
(1) a legal person for an administrative offence is not liable if he proves that
made every effort, that it was possible to require that the infringement of the
a legal obligation is prevented.
(2) in determining the amount of the fine on a legal person shall take account of the seriousness of the
the administrative offense, in particular, the way a criminal offence and its consequences, and
the circumstances under which it was committed.
(3) the liability of a legal person for an administrative offense shall cease, if the
the coordinating body has commenced proceedings within 1 year from the date on which it
learned, but not later than within 3 years from the date on which it was committed.
(4) administrative offences under this law in the first instance hearing
coordinating authority.
(5) The liability for the acts, which took place in the business
person ^ 6) or in direct connection with it shall be subject to the provisions of this
the law on liability of legal persons and sanctions.
(6) the Fines collected and enforced by the coordinating authority.
6) § 2 (2). 2 of the commercial code, as amended by Act No. 85/2004 Coll. ".
20. in paragraph 9, the word "authority" is replaced by "coordinating body".
21. in article 9 the present text shall become paragraph 1 and the following
paragraphs 2 and 3 shall be added:
"(2) the authority shall establish an implementing regulation of the content and scope of the information,
that is a provider of support for small scale outside the agriculture and
fishing shall be recorded in the central register, and the procedure for
their recording.
(3) the Ministry of agriculture shall determine the content of the implementing regulation
and scope of the information that the service provider is support small scale in the field of
Agriculture and fisheries shall be recorded in the central register, and
the procedure for their recording ".
Article. (II)
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. 215/2004 Coll., on regulation of certain relations in the field of public
support, as a consequence of changes made to this Act.
Article. (III)
Transitional provisions
1. the proceedings initiated before the date of entry into force of this law shall be completed
According to the existing legislation.
2. The return of public aid granted before the date of entry into force of
This Act shall proceed according to law No. 215/2004 Coll., on the adjustment of
some relations in the area of public aid, and on the amendment of the Act on the promotion of
research and development of law No 249/1997 Coll., on agriculture, and law No.
218/2000 Coll. on budgetary rules and amendments
related acts (budgetary rules), in the version in force from the date of
entry into force of this Act.
PART TWO
Agriculture (Amendment) Act
Article. (IV)
In § 4 of law No 249/1997 Coll., on agriculture, as amended by Act No.
128/2003 Coll., Act No. 441/2005 Coll. and Act No. 35/2008 Coll.,
paragraphs 8 to 12, including footnote No 4ao deleted.
PART THREE
Amendment of the Act No. 218/2000 Coll. on budgetary rules and amending
certain related acts (budgetary rules)
Article. In
In section 15 of law No. 218/2000 Coll. on budgetary rules and amending
certain related acts (budgetary rules), as amended by law
No 479/2003 Coll. and Act No. 26/2008 Coll., the dot at the end of paragraph 1
be replaced by a comma and the following point (e)) including notes below
line 16a and 16b:
"e) to issue a decision of the Commission of the European communities for the return of ^ 16a)
or provisional return ^ 16b) public support.
16A) Article. 14 Council Regulation (EC) no 659/1999 of 22 December 1999. March 1999,
laying down detailed rules for the application of article 93 of the Treaty establishing
Of the European Community.
16B) Article. 11 of Council Regulation (EC) no 659/1999 of 22 December 1999. March 1999,
laying down detailed rules for the application of article 93 of the Treaty establishing
Of the European Community. ".
PART FOUR
The EFFECTIVENESS of the
Article. (VI)
This Act shall take effect on the first day of the second calendar month
following the date of its publication, with the exception of the provisions of article. I point
3 in terms of § 3 para. 3 (b). I), item 4, regarding § 3a paragraph 2. 1,
2 and 4, and article. IV, which will become effective on 1 January 2004. January 1, 2010, and
the provisions of article. I, point 4 as regards § 3a paragraph 2. 3, which takes
from 1 January 2000. January 2012.
Vaidya in the r.
Klaus r.
Topolanek in r.
