Act No. 104 / 2000 Coll.
Law on the State Fund for Transport Infrastructure
Valid
Law
Effective from 01.07.2000
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104
THE LAW
of 4 April 2000
on the State Fund for Transport Infrastructure
Parliament has decided on this law of the Czech Republic:
STATE FUND FOR TRANSPORT INFRASTRUCTURE
(1) A State Fund for Transport Infrastructure, based in Prague (hereinafter referred to as the Fund), is hereby established.
(2) The Fund is a legal person under the responsibility of the Ministry of Transport (hereinafter referred to as the Ministry).
(3) The assets with which the Fund manages are owned by the State.
Purpose of the Fund
(1) The funds managed by the Fund may be used for financing or pre-financing:
(a) construction, modernisation, repair, maintenance or management of roads or motorways (1);
(b) the construction or modernisation of railways, except cableway installations, which are not intended to provide transport services, the construction or modernisation of service facilities or repairs, the maintenance or operation of installations owned by the State or by regional installations or services 2);
(c) the construction, modernisation, repair, maintenance or administration of transport-relevant inland waterways 3) or movable or immovable property used to operate a port in the Federal Republic of Germany in Hamburg, which is owned by the Czech Republic or which the Czech Republic has leased for more than 10 years;
(d) research or project work or study or expert activities in the field of the construction, modernisation or repair of transport infrastructure referred to in points (a) to (c);
(e) measures to improve the safety or continuity of transport or measures to make traffic accessible to persons with reduced mobility;
(f) construction or repair of cycling paths or setting up of lanes for cyclists on local roads;
(g) the introduction or operation of an electronic toll system or the acquisition of the equipment needed to check the payment of the time fee;
(h) remuneration
1. provided in the framework of public-private partnerships in the field of transport infrastructure, which means payments made gradually, depending on the contractual risk-sharing arrangements, to persons who ensure and finance the performance of one of the activities referred to in points (a) to (c), where the activity is linked to a transport infrastructure which is or will be State-owned, on the basis of a contract concluded by such persons with a State represented by the Ministry or with a legal person or with an organisation of the State in which the function of the founder or founder is performed by the Ministry; or
2. costs related to the negotiation of the contract referred to in point 1;
(i) costs related to the acquisition, installation or operation of control scales on roads owned by the State;
(j) the costs related to the acquisition of ownership rights or the establishment and duration of the material burden on the land on which the State-owned transport infrastructure is situated or the land serving the purpose of protecting or maintaining the State-owned transport infrastructure;
(k) the costs related to the acquisition of ownership rights or the establishment or duration of material burdens on the land on which the transport infrastructure is owned by the county, if the ownership of the transport infrastructure has been transferred from the State to the county by a decision of the Central Administrative Office pursuant to special legislation (11), or to the land serving the purpose of protecting or maintaining such transport infrastructure;
(l) costs related to the acquisition or installation of publicly accessible charging or hydrogen pumping stations (14);
(m) construction, modernisation or repair of multimodal transports or their connection to motorways, roads, national or regional railways or inland waterways;
(n) the construction, upgrading, or repair of local roads or publicly accessible special purpose roads in places where the construction or repair of such local roads or publicly accessible special purpose roads crosses motorways, roads, national or regional waterways or inland waterways or the repair of structures of water works which have modified, modified or established watercourses in connection with the construction, modernisation or repair of motorways, roads or national or regional railways;
(o) costs related to the acquisition of machinery or equipment necessary for the construction, modernisation, repair or maintenance of motorways, roads, national or regional railways or transport significant waterways to the State or to the repair or operation of such machinery or equipment, if they are State owned; or
(p) costs related to ensuring the operational and technical interconnection of the national rail, the regional rail, the selected tracks of other Member States of the European Union and the railway vehicles operated on these runways (12);
(q) costs related to airport equipment by technical or similar means for civil aviation security.
(2) The funds managed by the Fund may also be used:
(a) to cover payments by the Fund of loans or loans or interest on such loans or loans or other related expenditure; or
(b) to cover the costs of the Fund's activities.
(3) There is no legal right to grant the Fund.
(4) The Fund may, where justified, provide beneficiaries with funding to finance to the extent referred to in paragraph 1 also through an assigned loan.
(1) The Fund ensures the efficient use of the appropriations provided under the approved budget. The Fund shall provide funding from the Fund to beneficiaries under a contract containing at least:
(a) identification of the amount of funding provided;
(b) a specification of the purpose for which the funds are provided; and
(c) the conditions under which the funds are granted.
(2) A contract is hereby concluded for the financing of multiannual actions co-financed by the European Union budget for the entire duration of the action.
(3) Where the contract is the subject of financing of the operation, repair or maintenance of national or regional rail, the contract shall be concluded with the operator of those railways for a period of 5 years. The contract shall include at least:
(a) the definition of the national or regional runway and the definition of the activities to be financed and their scope;
(b) the way in which the amount and structure of the funds provided are defined and the way in which the funds are provided to the beneficiary for the duration of the contract;
(c) the definition of the objectives to be achieved by providing funding and the criteria for assessing their achievement;
(d) the definition of possible delays, delays or other deficiencies in the maintenance of the runway which may affect the operation of the runway and the structure of the funds provided;
(e) arrangements to encourage the reduction of the beneficiary's costs in the performance of the activities financed and the reduction of the cost of rail use;
(f) the definition of the information provided by the beneficiary of the Fund, the manner and frequency of its provision;
(g) adaptation of emergency procedures relating to financed activities;
(h) the modification of the non-compliance procedure by a Contracting Party, including corrective actions;
(i) the arrangements for the termination of the contract, including the grounds for the termination and the period of notice; and
(j) the period of validity.
(4) The draft contract referred to in paragraph 3 shall be published by the Fund in a manner that allows remote access. Any person may make reasoned comments on the draft contract. To this end, the Fund shall set a reasonable time limit, which it shall notify together with the publication of the proposal. The Fund shall publish the contract in such a way as to allow remote access within 30 days of the date of its conclusion.
(5) The Fund concludes a contract with the Road and Motorway Directorate for a period of 3 years, the subject of which, pursuant to Article 2 (1), is to finance or pre-finance the activities of the Road and Motorway Directorate to the extent specified by the Ministry by the Decree; the contract shall contain at least:
(a) the definition and scope of the activities to be financed;
(b) the way in which the amount and structure of the funds provided and the way in which the funds are provided are defined by the Road and Motorway Directorate, p., for the duration of the contract;
(c) qualitative requirements for the implementation of the activities financed, the criteria for their evaluation and the consequences of non-compliance;
(d) arrangements to promote cost reduction at the Road and Motorway Directorate in the performance of financed activities;
(e) the definition of the data provided by the Road and Motorway Directorate of the Fund, the manner and frequency of their provision;
(f) adaptation of emergency procedures relating to financed activities;
(g) modification of the non-compliance procedure by a Contracting Party, including corrective actions;
(h) the arrangements for the termination of the contract, including the reasons for the termination and the period of notice; and
(i) the period of validity.
(6) The amount of the funds provided under paragraph 5 shall be determined taking into account the scope and parameters of the transport infrastructure with which the Road and Motorway Directorate is entitled to manage, the amount of costs incurred for the activities financed in the previous period and the reasonable profit of the Road and Motorway Directorate.
(7) The Fund shall be entitled to control the use of funds for beneficiaries under contracts concluded. Where serious irregularities are detected, it shall be entitled to request their recovery, to suspend their implementation and to take other necessary measures to ensure the expected effectiveness and consistency of the activities financed with the applicable rules and international commitments. To the extent that the funds have been recovered, the suspension of their implementation or other necessary measures have been carried out, there shall be no breach of budgetary discipline. The Fund shall be entitled to establish with respect to beneficiaries of funds and persons under contractual obligations all the information necessary for such control.
(8) Details of the activities of the Fund and its internal organisation are laid down in the Statute of the Fund, approved by the Government on a proposal from the Minister for Transport (hereinafter referred to as the Minister).
Revenue from the Fund
(1) The revenue of the Fund shall consist of:
(a) the share of the income of excise duty on mineral oils under the special legislature10);
(b) revenue from the times5),
(c) revenue from toll5) and forfeits5),
(d) proceeds from securities or public collections organised by the Fund;
(e) loans, loans, interest on deposits, periodic penalty payments, claims and other payments from natural and legal persons;
(f) transfers of revenue resulting from public-private partnerships in the field of transport infrastructure,
(g) contributions from the European Commission made from the budget of the European Union;
(h) gifts and heritage;
(i) State budget subsidies;
(j) transfers of part of the proceeds of fines imposed for offences relating to the operation of a vehicle which, at the time of the inspection weighing, exceeds the maximum authorised mass or other mass ratios in accordance with a specific legislation;
(k) repayment of loans granted by the Fund, including accessories.
(2) The Fund may, on behalf of the Czech Republic, accept and use the gifts and heritage only under conditions and for purposes determined by the donor or the deceased, provided that these conditions and purposes are consistent with the subject of the Fund's activities.
(3) The balance of the Fund's revenue shall be transferred to the following calendar year at the end of each calendar year.
(4) Where the Fund has accepted a loan or loan for the purpose of financing or pre-financing to the extent referred to in Article 2 (1), it is liable for debts incurred in connection with that loan or loan by the State; the State guarantee is granted free of charge to the Fund. The State represents the Ministry of Finance as guarantor.
Budget and accounts of the Fund
(1) The Fund shall draw up, for each financial year, a draft budget of the Fund which it shall submit to the Government, through the Minister, by 30 September each time. The government submits a draft budget of the Fund after any changes it makes to the Parliament of the Czech Republic for approval at the same time as the draft state budget of the Czech Republic. The Fund's budget shall include:
(a) the nominal list of actions financed by the Fund, including the total cost of the action, the amounts budgeted for the current year and the deadlines for the implementation of the action;
(b) an overview of claims and liabilities;
(c) a proposal for the structure of loans and loans which the Fund intends to adopt during the financial year, including payment deadlines and interest rate limits;
(d) a draft schedule for the repayment of principal and interest by the Loan and Loan Fund.
(2) In its draft budget, the Fund sets out its total expenditure as the amount notified to it by the competent administrator of the chapter under a special law. (a) Within that amount, it shall also determine the amount to be involved in the financing of the national share of programmes or projects co-financed by the budget of the European Union.
(3) Funds of the Fund are held in accounts with the Czech National Bank. The Fund may set up accounts with other banks from which expenditure related to business through payment cards may be effected. Other expenditure on the activities of the Fund may be effected by means of payment cards, the reimbursement of which cannot be otherwise made.
(4) Amendments may be made to the approved budget of the Fund during the financial year.
(a) by the Committee of the Fund within the limits and under the conditions laid down by the Chamber of Deputies of the Parliament of the Czech Republic when approving the budget; or
(b) beyond the limit referred to in (a) by the Economic Committee of the Chamber of Deputies of the Parliament of the Czech Republic.
(1) At the same time as the draft budget, the Fund, in cooperation with the Ministry, shall draw up a medium-term perspective containing the Fund's expected revenue and expenditure for each year for which it is drawn up and the assumptions and intentions on the basis of which such revenue and expenditure are expected and planned, at least to the following extent:
(a) the total revenue and expenditure of the Fund;
(b) expenditure on programmes or projects co-financed by the European Union budget;
(c) expenditure on programmes or projects co-financed by loans received by the State and co-financed by loans guaranteed by the State;
(d) reimbursement expenses by the Fund of loans received and loans and interest on such loans and loans.
(2) The medium-term outlook shall be established for a period of 2 years immediately following the year for which the Fund's budget is submitted. In drawing up the medium-term perspective, the expenditure indicators set out at the start of financing the programme or project co-financed by the European Union budget shall be binding.
(3) The procedure for approving the Fund's budget pursuant to Article 5 (1) shall apply mutatis mutandis for the adoption of the medium-term perspective.
(1) After the end of the financial year, the Fund shall draw up the annual accounts and the annual activity report of the Fund (hereinafter referred to as the "Annual Report") and submit it through the Minister to the Government and to the Chamber of Deputies for approval within six months of the end of the financial year. The annual accounts of the Fund must be verified by an auditor before submitting them to the Chamber of Deputies.
(2) The issue page of the Fund's budget shall be broken down in accordance with the purpose of the Fund in accordance with Article 2 (1) and (2) and by action.
(3) Additional acceptance of loans and loans by the Fund during the financial year is approved by the Government on the basis of a proposal from the Fund submitted jointly by the Minister for Finance. The proposal shall include the information referred to in Article 5 (1) (c) and (d) where additional acceptance of the loan or loan is proposed.
(4) The Fund shall keep accounts according to the Accounting Act.
(5) The Fund shall manage two separate lines of work in such a way as to monitor separately the costs of its own activities from the other activities of the Fund.
(6) The beneficiary of the funds shall carry out, with the Fund, the financial settlement of the funds provided by the Fund and used by the beneficiary in the current financial year in accordance with the terms and conditions of 31 December of the current financial year, with the exception of the financial settlement of the funds provided for multiannual actions co-financed by the European Union budget, for which the financial settlement of the funds provided shall be carried out in accordance with the state of 31 December of the financial year in which the financing of the action is completed.
Budget provisional
If the budget of the Fund is not approved by the Chamber of Deputies of the Parliament of the Czech Republic for the financial year before the first day of the financial year, the budget management of the Fund shall be governed by the budget management of the Fund from the first day of the financial year until the budget approval of the Fund for that financial year by an indicator of the budget provisional fixed by the Ministry according to the forecast revenue of the Fund during that period. In accordance with the indicators laid down, the Fund shall use the appropriations for the purposes referred to in paragraphs 1 and 2 of Article 2 only up to the amount of its revenue during that period and the balance of revenue carried over from the previous year.
Institutions of the Fund
(1) The bodies of the Fund shall form the Committee of the Fund (hereinafter referred to as the Committee), the Supervisory Board of the Fund (hereinafter referred to as the Supervisory Board) and the Director of the Fund (hereinafter referred to as the Director).
(2) The Director shall be Head of the Fund; the provisions of the Civil Service Act on the selection, appointment and removal of the Head of Staff in another administrative office shall apply mutatis mutandis.
Committee
(1) The Committee has nine members. The Chair of the Committee shall be the Minister.
(2) The Vice-President and seven other members of the Committee shall be appointed and dismissed by the Government on a proposal from the Minister for a term of office of four years. The members of the Committee may be appointed for a maximum of two consecutive terms of office.
(3) The President shall direct the work of the Committee. The proceedings of the Committee shall be governed by the Rules of Procedure, which shall be approved by a resolution of the Committee.
(4) The members of the Committee shall be remunerated by the Government by a resolution. The remuneration and remuneration of the salary to the employer of the members of the Committee shall be the cost of the Fund's activities.
(5) Membership of the Committee is an obstacle to work for reasons of general interest under specific legislation. 7)
(1) The Committee shall discuss matters which are the object of the Fund or of the activities of the Fund.
(2) The Committee shall approve:
(a) the draft budget of the Fund and amendments to the approved budget of the Fund pursuant to Article 5 (4) (a);
(b) a proposal for the medium-term outlook of the Fund;
(c) the annual accounts of the Fund;
(d) the draft annual report of the Fund;
(e) a proposal for additional acceptance of the loan by the Fund;
(f) a proposal for additional acceptance of the loan by the Fund;
(g) the timetable for the revenue and expenditure of the Fund;
(h) the rules governing financing from the Fund;
(i) an annual plan of control actions;
(j) evaluation of control actions;
(k) loans granted by the Fund and conditions for granting loans;
(l) acceptance and conditions of the loan by the Fund;
(m) acceptance and conditions of the loan by the Fund.
(3) The decision of the Committee shall be published by the Fund in a manner which allows remote access.
Supervisory Board
(1) The Supervisory Board is the control body of the Fund. It shall supervise the activities and management of the Fund and shall discuss the draft annual report and the annual accounts of the Fund before submitting them to the Government. The Board of Supervisors has five members. The members of the Supervisory Board elect and dismiss the Chamber of Deputies of the Parliament of the Czech Republic for a term of office of four years.
(2) The Supervisory Board shall elect a Chairperson and a Vice-Chair from among its members. The Supervisory Board shall act by a vote.
(3) The proceedings of the Supervisory Board shall be governed by the Rules of Procedure approved by the Supervisory Board by the Resolution.
(4) The Supervisory Board shall immediately inform the Ministry, Government and Chamber of Deputies of the Parliament of the Czech Republic of the deficiencies identified in the operation and management of the Fund.
(5) The members of the Supervisory Board are remunerated by the Government by a resolution. The remuneration and remuneration of the salary to the employer of the members of the Supervisory Board is the cost of the Fund's activities.
(6) Membership of the Supervisory Board is an obstacle to work for reasons of general interest under specific legislation. 7)
(7) The members of the Supervisory Board may be present at all meetings of the Committee.
Director
(1) The Director shall be the statutory body of the Fund.
(2) The Director shall in particular:
(a) implement the decision of the Committee on the mobilisation of the Fund for the actions referred to in Article 2;
(b) implement further measures approved or discussed by the Committee;
(c) manage the activities of the Fund apparatus; and
(d) decide on the structure of expenditure on the activities of the Fund.
Provisions on conflicts of interest
(1) The performance of the function of Vice-President of the Committee, a member of the Committee or a member of the Supervisory Board is incompatible with the function of Director, with the employment or service relationship towards the Fund, and with the functions of the Management and Supervisory Authorities of the Legal Persons to whom the Fund funds have been or are to be provided.
(2) Members of the institutions of the Fund may not be employed in an employment, service or similar relationship with natural and legal persons to whom funds from the Fund have been or are to be provided.
(3) In the event of a breach of the obligations referred to in paragraphs 1 and 2, the Government shall withdraw the Vice-Chair of the Committee or Committee.
(4) The Fund is entitled to require the person who has infringed those obligations to give the benefit he has thereby obtained. This is without prejudice to the right to compensation.
Staff of the Fund
(1) The Civil Service Act applies to staff of the Fund who carry out the activities referred to in Section 5 of the Civil Service Act.
(2) The Fund shall be deemed to be a service office. The Director shall be deemed to be the Head of Staff and the Staff Authority; its selection, appointment and appeal are governed by the Civil Service Act.
(3) The Ministry is the Chief Staff of the Fund.
(1) The Fund publishes information on funds or guarantees provided as open data within the meaning of the Special Act 13), to the extent that:
(a) the name and surname of the consignee;
(b) the identification number of the person of the consignee, if assigned;
(c) the municipality in which the beneficiary has its registered office or place of residence;
(d) the amount of appropriations provided and an indication of the amount still paid;
(e) the purpose for which the appropriations are intended, including a reference to the full dossier of the programme where the appropriations are provided under the programme;
(f) the date of the decision or conclusion of the award contract;
(g) information that a decision has been taken to breach budgetary discipline on the part of the beneficiary or that payment, reduction or repayment of funds has been suspended, including the amount covered by this measure.
(2) The information referred to in paragraph 1 shall be published within 7 days of the decision granting the funds, unless the decision is taken, within 7 days of the effective legal act granting the funds. In the case referred to in paragraph 1 (g), the information shall be published within 7 days of the legal authority of the relevant decision or the effectiveness of the agreement. The information shall remain published for at least 10 years.
(3) Where other legislation prevents disclosure of certain information in accordance with paragraphs 1 and 2, the information shall not be disclosed in this manner.
TRANSITIONAL PROVISIONS
The Fund shall draw up its budget for 2000 following Chapter 327 of the State Budget for 2000 and submit the budget to the Chamber of Deputies of the Parliament of the Czech Republic for approval.
EFFECTIVE
This Law shall take effect on 1 July 2000.
Klaus v. r.
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Regulation Information
| Citation | Act No. 104 / 2000 Coll., on the State Fund for Transport Infrastructure |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 25.04.2000 |
|---|---|
| Effective from | 01.07.2000 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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