135/2016 Sb.



LAW



of 19 December 2003. April 2016,



amending certain laws in connection with the adoption of the law on

public procurement



Change: 293/2016 Sb.



Parliament has passed the following Act of the United States:



PART THE FIRST



Amendment of the Act on addictive substances and amending some other acts



Article. (I)



Act No. 167/1998 Coll., on substance abuse and on the amendment of certain other

laws, as amended by Act No 354/1999 Coll., Act No. 121/2000 Coll., Act

No 132/2000 Coll., Act No. 57/2001 Coll., Act No. 185/2001 Coll., Act

No. 407/2001 Coll., Act No. 320/2002 Coll., Act No. 222/2003 Coll., Act

No 362/2004 Coll., Act No. 228/2005 Coll., Act No. 74/2006 Coll., Act

No 124/2008 Coll., Act No. 41/2009 Coll., Act No. 141/2009 Coll., Act

No 281/2009 Coll., Act No. 291/2009 Coll., Act No. 106/2007 Coll., Act

No 341/2007 Coll., Act No. 375/2007 Coll., Act No. 18/2009 Coll., Act

No. 167/2009 Coll., Act No. 50/2013 Coll. and Act No. 273/2013 Coll.,

be amended as follows:



1. In Article 24a, paragraph 2 reads as follows:



"(2) a Licence may be granted only to the vendor selected in the entry

procedure, which performs a State Institute for drug control in accordance with the law on

Award of public contracts. Part of the terms of reference must be for

the applicant binding rules of good farming practice, which will be

established for the purpose of growing cannabis in a standardized procedure

leading to permanent quality of the produced cannabis. The tender conditions must

also specify the content of the active substances of hemp. Tender price

must be within weight evaluation criteria at least 75%. The State Institute of

drug control in procurement terms and conditions sets out the maximum amount of tender

the price, based on market research conducted in countries that can

cannabis for medicinal use, export, and hemp, whose parameters are

match the procurement procedure. ".



2. In section 24a of para. 3 the first sentence, the word "sample" is replaced by

"procurement".



3. In section 24a of para. 3 the third sentence, the word "selection" is replaced by

"tender".



PART TWO



To change the budget rules



Article II



Act No. 218/2000 Coll. on budgetary rules and amendments

related acts (budgetary rules), as amended by Act No. 493/2000

Coll., Act No. 143/2001 Coll., Act No. 185/2001 Coll., Act No. 320/2001

Coll., Act No. 450/2001 Coll., Act No. 202/2002 Coll., Act No. 320/2002

Coll., Act No. 483/2003 Coll., Act No. 186/2004 Coll., Act No. 257/2004

Coll., Act No. 435/2004 Coll., Act No. 480/2004 Coll., Act No. 1/2005

Coll., Act No. 127/2005 Coll., Act No. 361/2005 Coll., Act No. 377/2005

Coll., Act No. 545/2005 Coll., Act No. 112/2006 Coll., Act No. 130/2006

Coll., Act No. 137/2006 Coll., Act No. 140/2006 Coll., Act No. 230/2006

Coll., Act No. 262/2006 Coll., Act No. 174/2007 Coll., Act No. 218/2007

Coll., Act No. 270/2007 Coll., Act No. 26/2008 Coll., Act No. 306/2008

Coll., Act No. 109/2009 Coll., Act No. 154/2009 Coll., Act No. 213/2009

Coll., Act No. 227/2009 Coll., Act No. 281/2009 Coll., Act No. 417/2009

Coll., Act No. 421/2009 Coll., Act No. 139/2010 Coll., Act No. 199/2010

Coll., Act No. 427/2010 Coll., Act No. 30/2011 Coll., Act No. 73/2011

Coll., Act No. 366/2011 Coll., Act No. 370/2011 Coll., Act No. 428/2011

Coll., Act No. 456/2011 Coll., Act No. 457/2011 Coll., Act No. 458/2011

Coll., Act No. 465/2011 Coll., Act No. 171/2012 Coll., Act No. 407/2012

Coll., Act No. 501/2009 Coll., Act No. 303/2013 Coll., legal measures

The Senate no 344/2013 Coll., Act No. 250/2014 Coll., Act No. 25/2015 Sb.

Act No. 320/2015 Coll. and Act No. 357/2015 Coll., is amended as follows:



1. In section 4, paragraph 4. 3 the third sentence, the words ' from approved concession contracts

^ 4e) "shall be replaced by the words" of concessions under the law governing the award of

public procurement ".



Footnote # 4e is hereby repealed.



2. in § 14 para. 4 (b). j), the words "public contracts" are replaced by

the words "public procurement".



PART THREE



Amendment of the Act on property in the Czech Republic and its representation in legal

relations



Article. (III)



Act No. 219/2000 Coll., on the property of the Czech Republic and its representation in

legal relations, as amended by Act No. 492/2000 Coll., Act No. 231/2001

Coll., Act No. 320/2001 Coll., Act No. 501/2001 Coll., Act No. 202/2002

Coll., Act No. 280/2002 Coll., Constitutional Court, declared under no.

476/2002 Coll., Act No. 88/2003 Coll., Act No. 356/2003 Coll., Act No.

480/2003 Coll., Act No. 41/2004 Coll., Act No. 222/2004 Coll., Act No.

217/2005 Coll., Act No. 361/2005 Coll., Act No. 22/2006 Coll., Act No.

140/2006 Coll., Act No. 342/2006 Coll., Act No. 296/2007 Coll., Act No.

139/2008 Coll., Act No. 274/2008 Coll., Act No. 457/2008 Coll., Act No.

153/2009 Coll., Act No. 227/2009 Coll., Act No. 457/2011 Coll., Act No.

18/2012 Coll., Act No. 239/2009 Coll., Act No. 407/2009 Coll., Act No.

503/2009 Coll., Act No. 311/2013 Coll., Act No. 86/2015 Coll., Act No.

320/2015 Coll. and Act No. 51/2016 Coll., is amended as follows:



1. In article 12 paragraph 2. 5, the words "under a special legal regulation, ^ 18)"

replaced by the words "in accordance with the law governing public procurement".



Footnote 18 is hereby repealed



2. In article 12 paragraph 2. 8 the third sentence, the words "the negotiation of the concession contract

under special legislation ^ 18a) "shall be replaced by the words" award

concession pursuant to the law governing public procurement ".



Footnote # 18a is deleted.



PART FOUR



cancelled



Article IV



cancelled



PART FIVE



Amendment of the Act on the promotion of research, experimental development and innovation



Article. In



Act No. 131/2002 Coll., on the promotion of research, experimental development and

innovation of public funds and amending certain related laws

(Act on the promotion of research, experimental development and innovation), as amended by

Law No. 41/2004 Coll., Act No. 215/2004 Coll., Act No. 340/2005 Coll.

law no 413/2005 Coll., Act No. 81/2006 Coll., Act No. 227/2006 Coll.

Act No. 171/2007 Coll., Act No. 296/2007 Coll., Act No. 124/2008 Coll.,

Act No. 110/2009 Coll., Act No 420/2007 Coll., Act No. 469/2011 Sb.

and Act No. 49/2013 Coll., is amended as follows:



1. In article 2 (2). 2 (a). (g)), section 7 (2). 4 and § 8 paragraph. 5, the words

"public contracts" are replaced by the words "public procurement".



2. Footnote 2 reads as follows:



"2) Law No 134/2016 Coll., on public procurement".



PART SIX



Amendment of the Act on the protection of classified information and security

the eligibility of the



Čl.VI



Act No. 412/2005 Coll., on the protection of classified information and security

eligibility, as amended by Act No 119/2007 Coll., Act No. 177/2007 Coll.

Act No. 296/2007 Coll., Act No. 32/2008 Coll., Act No. 124/2008 Coll.,

Act No. 126/2008 Coll., Act No. 250/2008 Coll., Act No. 41/2009, Coll.,

Act No. 227/2009 Coll., Act No. 281/2009 Coll., Act No. 255/2007 Coll.

Act No 420/2007 Coll., Act No. 458/2011 Coll., Act No. 167/2009 Coll.,

Act No. 303/2013 Coll., Act No. 181/2014 Coll., Act No. 250/2014 Sb.

Law No 204/2015 Coll. and Act No. 375/2015 Coll., is amended as follows:



1. In § 69 para. 1 the letter r) including footnote No 49, 50, 51, and

53 reads as follows:



"r) as the contracting authority, if it is not a news service, shall immediately inform the

announce and demonstrate Office documents to



1. the fact that it will be entering a public contract procurement procedures from the outside

for the protection of classified information ^ 49)



2. the fact that in a procedure providing for measures to ensure the

the protection of classified information ^ 50) classification of confidential or higher,



3. determination of the requirement for professional requirements in the tender ^ 51)

consisting in the production of a document attesting to the ability of the supplier

ensure the protection of classified information classification confidential or

higher or permission to entry of persons into the secure area of the vendor

the category of confidential or higher, or in the rules area under this Act,

or



4. the determination of the conditions for the conclusion of the contract in a tender procedure

consisting in the production of a document attesting to the ability of the supplier

ensure the protection of classified information ^ 53) classification of Confidential

or higher.



49) section 29 (b). (b)) Law No 134/2016 Coll., on public procurement.



50) § 193 of law No 134/2016 Sb.



51) section 195 of the Act No. 134/2016 Sb.



section 104 (a) 53). (c)) Law No 134/Sb 2016. ".



2. In § 153 para. 1 (b). EE), the words "or the contracting authority in the

concession management "shall be deleted.



PART SEVEN



Amendment of the Act on public passenger transport services and amending

other laws



Article. (VII)



Act No. 194/2010 Coll., on public passenger transport services and the

change other laws, is amended as follows:



1. In article 1 (1). 1, § 6 (1). 1 the first sentence, § 9 para. 1 the first sentence, section 18

the introductory part of the provisions, section 18 (a). (c)), § 19 para. 1, § 19 para. 3, §

22 paragraph 1. 1 introductory part of the provisions of section 22, paragraph 2. 2 and § 25 para. 2 (a).

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



2. In section 10, paragraph 1. 2 the first sentence, the words "in the information system referred to in

public procurement Act "are replaced by the words" in the journal of public


contracts under the law on public procurement ".



3. In section 10, paragraph 1. 2, the third sentence is replaced by the phrases "for the publication of the

Furthermore, § 213 of the law on public procurement, by analogy with

that paragraph 3 (b). b) sentence after the semicolon is not used. A model of the form

for the publication of a notice of the initiation of the invitation to tender shall lay down detailed

legislation. ".



4. In section 10, paragraph 1. 3 of the introductory part of the provisions, the words "the contents of the documentation

the invitation to tender shall apply the relevant provisions of the Act on public

procurement of tender documents, by analogy with the fact that the purchaser in

documentation "shall be replaced by the words" the specifications of the invitation to tender,

apply to section 36 and 37 and for the tender documentation section 98 to 102 of the law on

public procurement, by analogy with the fact that the customer ".



5. In section 10, paragraph 4 reads:



"(4) the customer shall apply by analogy to



and tender period § 40) of the Act on public procurement,



(b)), its range of qualifications, proof of compliance with qualification and

the assessment of the qualifications of section 73 to 75, 77 and 78 of the Act § on the award of public

contracts,



(c)) the technical conditions of § 89 of the law on public procurement,



d) exclusion from participation in the tendering procedure of § 48 of the law on the award of

public procurement,



Security § 41 (e)) of the law on public procurement,



f) submission of tenders and their contents § 103 and 107 of the law on the award of

public procurement and



g) electronic tools section 214 and 215 of the law on the award of public

orders. ".



6. In section 10, paragraphs 5 and 6 shall be deleted.



7. In article 11 (1) 2, the second sentence is replaced by the phrase "For the progress of the negotiations with the

§ 61 of the law on public procurement apply.



8. § 12 para. 1 the words "and the evaluation to the Commission shall apply the relevant

the provisions of the public procurement Act "are replaced by the words" §

108 to 110 of the law on public procurement ".



9. in section 12 paragraph 2 reads as follows:



"(2) for the assessment of the tenders shall apply to § 39 para. 4 and 5 of the law on

the public procurement directives apply mutatis mutandis. For the evaluation of tenders shall apply section

114 of the Act on public procurement apply mutatis mutandis. For the assessment of

extremely low offer prices § 113 of the law on the award of

public contracts apply.



10. in article 13, paragraph 2 reads as follows:



"(2) the notice of the selection of the carrier shall apply to section 123 of the law on the award of

public contracts apply mutatis mutandis. For the conclusion of public service contracts in the

passenger transport shall apply section 124 and 125 of the law on the award of public

the contracts accordingly. ".



11. In article 13, paragraph 2, the following paragraph 3 is added:



"(3) for the opposition, the method of their settlement and a ban on the conclusion of the

of public service contracts in passenger transport shall apply section 242 to

247 of the Act on public procurement apply.



The former paragraph 3 shall become paragraph 4.



12. in the first sentence of paragraph 14, the words "the relevant provisions of the law on

the public procurement directives on the abolition of the procurement procedure "shall be replaced by

"it's the section 127 and 128 of the Act on public procurement".



13. section 4 reads as follows:



"section 16 of the



(1) to change the commitment of public transport services

passengers shall apply section 223 of the Act on public procurement

by analogy with the fact that, for the purposes referred to in paragraph 4 (b). and) the limit of

for public service contracts, the contracting authority concerned.



(2) for the publication of public service contracts in passenger transport

applies to section 220 of the Act on public procurement apply.



14. in § 19 paragraph 4 and 5 are added:



"(4) the applicant must indicate in the opposition, who's served against which

the Act of the customer facing, in what is seen as a violation of the law or

directly applicable European Union regulation ^ 1), what is the harm to the complainant in

as a result of the alleged breach of the Act or a directly applicable regulation

The European Union "^ 1") there is or was and what the complainant is seeking. On

the method of handling objections and a ban on conclusion of public service contracts in the

passenger transport shall apply section 246 and 247 of the Act on public procurement

orders accordingly.



(5) for the publication of public service contracts in the transport

passengers on the basis of direct award to proceed in accordance with § 16

paragraph. 2. ".



15. in section 21 para. 2, the words "public contracts" are replaced by the words

"public procurement".



16. in section 22 para. 1 introductory part of the provisions, and section 25 para. 2 (a). and)

the word "legal" is deleted.



17. in § 25 paragraph 1 reads:



"(1) the supervision of the observance of the procedure of the State, counties and municipalities when concluding

contracts in the provision of transport services for the protection of the Office shall exercise

of competition (hereinafter referred to as ' the authority '). ".



18. In paragraph 26, the word "contracting authority" is replaced by "customer".



19. in paragraph 26, the number "2" is replaced by "3".



20. In paragraph 26, the words "(hereinafter referred to as" the appellant ") ' shall be deleted.



21. in section 26 of the present text shall become paragraph 1 and the following

paragraph 2, which reads as follows:



"(2) the prohibition on the conclusion of the contract shall apply to section 247 of the Act on the award

Similarly, the public procurement; This does not apply in the case of direct award according to §

18 (a). b).“.



22. section 27:



the "section 27



(1) For the review of operations management from the customer to also apply to § 251 up to

253 and section 256 to 267 of the law on public procurement; § 256 paragraph. 1 and

section 265 of the Act on public procurement do not apply.



(2) in addition to General Design requirements for filing must contain an accurate

indication of the customer, in what is seen as a violation of the law or directly

of the applicable legislation of the European Union, as a result of the applicant

threatens or suffer on his rights, supporting evidence, and

the appellant seeks. Part of the proposal to be sent to the Office, is proof of the

delivery to the customer of the objections and proof of deposit. Lodge a security deposit

the appellant in the amount of 1% of the estimated value of public services in the

carriage of passengers or 100 EUR, if the estimated value of the

Unable to determine.



(3) in the case of proceedings concerning direct award pursuant to section 18 (a). (b))

Unable to order interim measures. '.



23. section 28 to 32 shall be deleted.



24. section 33, including the title reads as follows:



"§ 33



Administrative offenses of the customer



(1) the customer is guilty of an administrative offense, by



and fails to comply with the rules laid down) this Act or the directly applicable

the EU regulation ^ 1) for the invitation to tender, with this procedure

affected or may have affected the selection of the most appropriate menu, and close the

contract for public passenger transport services,



(b)) provides for the specifications of the invitation to tender, in conflict with the law

or directly applicable EU regulation ^ 1) and enters into a contract of

public passenger transport services,



(c)) enters into a contract on public passenger transport services in violation of the

the banning of its conclusion in accordance with § 13 para. 3 or § 19 para. 4,



d) rejects the objection or progresses in their handling of contrary to section

in article 13(3). 3 or § 19 para. 4,



(e) the Pact or not retained) tender documentation according to § 17,



f) enters into a contract on public passenger transport services by direct

by specifying the contrary to section 18,



g) does not send to publish information in accordance with § 19 para. 1 or notification

pursuant to section 19 para. 2,



(h)) does a contract for public passenger transport services in the

contrary to section 16 para. 2 or § 19 para. 5,



I) does not publish contract information on public transport services

passenger public rail passenger transport on the national or

regional closed by typing directly in conflict with the applicable

the EU regulation ^ 11).



(2) an administrative offence referred to in paragraph 1 (b). a), b), c), (f)), g) or (h))

is fined up to 5% of the estimated value of public services in the

carriage of passengers or to 20 000 000 Czk, if this

the value could not be determined. For administrative offences pursuant to paragraph 1. d), (e))

or i) is imposed to 10 000 000 CZK. ".



Article. (VIII)



Transitional provisions



1. Invitations to tender according to law No. 194/2010 Coll., in the version in force

before the date of entry into force of this Act, initiated before the date of the acquisition of

the effectiveness of this law shall be completed in accordance with Act No 194/2010 Coll., in

the version in force before the date of entry into force of this Act.



2. the procedure for review of acts of the contracting authority and the procedure for administrative offences

before the Office for the protection of competition pursuant to Act No. 194/2010

Coll., in the version in force before the date of entry into force of this Act,

initiated before the date of entry into force of this law shall be completed in accordance with

Act No. 194/2010 Coll., in the version in force before the date of entry into force of

of this Act.



PART EIGHT



Amendment of the Act on the criminal liability of legal persons and proceedings against them



Article. (IX)



Act No. 418/2007 Coll. on criminal liability of legal persons and proceedings

against them, as amended by Act No 105/2013 Coll., Act No. 141/2014 Sb.

Act No. 86/2015 Coll. and Act No. 375/2015 Coll., is amended as follows:



1. in article 15, paragraph 2. 1 (b). (f)), the title of article 21, § 21, art. 1 to 3, section 24 (a).

a) to (c)), the title of section 39 and in section 39, the words "participation in the concession procedure

or "be replaced by" or participation ".




2. in section 21 para. 1 the words "on public procurement, concession management"

shall be deleted.



3. in section 21 para. 3, the words "on public procurement, concession"

shall be deleted.



PART NINE



The EFFECTIVENESS of the



Article. X



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

following the date of its publication.



Hamáček in r.



Zeman in r.



Sobotka in r.