Act No. 12 / 2002 Coll.
Act on State aid in the recovery of the territory affected by a natural or other disaster and amending Act No. 363 / 1999 Coll., on Insurance and on the amendment of certain related laws (Act on Insurance), as amended, (Act on State aid in the recovery of the territory)
Valid
Effective from 16.01.2002
12
THE LAW
of 18 December 2001
on State aid for the renewal of the territory affected by a natural or other disaster and amending Act No. 363 / 1999 Coll., on Insurance and on the amendment of certain related laws (Insurance Act), as amended, (Act on State aid for the renewal of the territory)
Parliament has decided on this law of the Czech Republic:
STATE AID IN REVIEW OF ENVIRONMENTAL OR OTHER ENVIRONMENTAL TERRITORIES
Subject matter
This Law lays down the principles governing the granting of State financial assistance ("State aid ') in the recovery of the territory affected by a natural or other disaster and the procedure prior to the granting of State aid.
State aid guidelines
(1) If the basic functions of the territory have been disrupted as a result of a natural or other disaster which is an exceptional occurrence, (1) on the basis of which the state of hazard has been declared (2) or emergency status (3) (hereinafter referred to as "disaster"), the State may grant state aid to the regions, municipalities, other legal persons, with the exception of legal persons managing State property, and to natural persons (hereinafter referred to as "persons concerned") in order to restore the assets used to secure basic functions in the territory.
(2) State aid may be granted up to the amount of the costs necessary to restore the property damaged by the disaster or the acquisition of new property, which will perform the same basic function as the property destroyed by the disaster.
(3) State aid may be granted if the person concerned requests it from the Ministry which decides to grant it and proves that he is unable by his own means to restore his property to the essential functions of the territory.
(4) The application referred to in paragraph 3
(a) a legal person, with the exception of the county and the municipality, shall attach an extract from the property register which may not be more than 3 months old, certifying that he is the owner of the property situated in the territory affected by the disaster and proving that he has obtained his income for the tax period immediately preceding the calendar year in which the disaster occurred;
(b) a natural person shall attach an extract from the cadastral of real estate which may not be more than 3 months old, confirming that he is the owner of the property situated in the territory affected by the disaster, and proving that he has achieved his income for the tax period immediately preceding the calendar year in which the disaster occurred, including income arising from pension insurance benefits (insurance) or sickness insurance (care).
(5) The entrepreneur will also accompany the application for State aid
(a) the accounts or an overview of the assets and liabilities and an overview of the revenue and expenditure which have been drawn up on the last day of the month immediately preceding the disaster, if it is required to be drawn up under a specific law; If these documents cannot be attached as they have been destroyed as a result of the disaster, they shall make a solemn declaration of destruction,
(b) a solemn declaration that:
1. no bankruptcy was declared, no settlement was allowed, no application for bankruptcy was rejected for lack of assets or that the entrepreneur was not in liquidation,
2. has settled due liabilities in relation to the national budget, the national funds, the budgets of the local authorities or the health insurance undertaking;
(c) other documents, provided that their presentation is necessary to satisfy the conditions laid down for granting State aid.
(6) The Region and the municipality will only accompany the application for State aid with the documents required under paragraph 5 (c).
(7) There is no legal claim for State aid. State aid may be granted in the form of grants or repayable financial assistance (4).
(8) State aid for the renewal or acquisition of the same property damaged or destroyed by a disaster may only be granted on a one-off basis on the basis of a decision by one of the ministries designated in the recovery strategy [Paragraph 4 (2) (c)].
(9) The property used to secure basic functions in the territory shall be property which is directly used for transport, economic activities, housing, except for buildings for individual recreation (5), to ensure the conditions necessary for sustainable development or as technical infrastructure and civil equipment, or that which is part of the national cultural treasures5a), the subject of protection under the conservation reserve (5b) or the conservation zone (5c).
(10) The delegated municipal authority (6) will provide the county, at its request, with synergies in the identification of the data needed to prepare the supporting documents for the decision to grant State aid in the recovery of the area affected by the disaster and in the training for that survey. Training shall include, in particular, the method of quantification and registration of the costs of the renewal of assets used to ensure basic functions in the territory.
State aid decision documents
(1) The Region in whose territorial area the basic functions have been disrupted as a result of the disaster shall, in its delegated capacity, draw up an overview of the ex ante estimate of the costs of the restoration of the assets used to secure the basic functions in the territory (hereinafter referred to as the "Overview") and submit it to the Ministry of Finance within 7 days of the expiry of the period for which the state of danger or emergency was declared, or of the cancellation of those conditions before the expiry of the period for which those conditions were declared. The Ministry of Finance shall determine the terms of the overview by decree.
(2) In the event of a disaster affecting assets used to secure essential functions in the territory of a significant part of the region or several counties, the Ministry of Finance may, at the request of the county, extend the deadline set for the presentation of the summary. The Region may apply for an extension of the period immediately after the expiry of the period for which the danger or emergency has been declared or immediately after the cancellation of those conditions before the expiry of the period for which they were declared. The Ministry of Finance shall communicate its position on the request to the Region no later than 24 hours after its receipt; If the application is accepted, it shall also specify the length of the extended period. The Ministry of Finance may extend the deadline on its own initiative. In the event of an extension of the deadline, the same number of days shall be extended, as well as the time limit set by the Minister for Local Development to submit a proposal for a recovery strategy to the Government for approval (§ 4 (4)).
(3) The Region shall examine the information necessary for the processing of the summary through natural persons to whom it will issue a written mandate (hereinafter referred to as "authorised persons"). The model of this mandate, which shall always include the name, surname and extent of the authorisation of the delegate, shall be determined by the Ministry of Finance by decree.
(4) The authorised persons shall examine the data necessary for the processing of the inventory by carrying out their own local examination of the state of the damaged property. For this purpose, they shall be entitled to enter land and buildings situated in the territory affected by the disaster upon presentation of the mandate referred to in paragraph 3 and the identity card.
(5) Where access to land or buildings situated in the territory affected by a disaster is not possible by reason of State defence, protection of classified information or a threat to the life or health of persons, the necessary data shall be provided to the authorised persons by the owners of such land and objects.
(6) Data obtained during the processing of the inventory from which information on individual legal or natural persons could be obtained can only be used in accordance with this law. This also applies to the use of the specific facts defined in the Specific Act. 7) Persons having access to such data shall be required to ensure their protection, in particular against unauthorised disclosure or unauthorised use for other purposes.
Land renewal strategy
(1) At the request of the Ministry of Local Development (hereinafter referred to as "the Ministry"), and within the time limit laid down by it, it shall present the regions and municipalities in whose territorial districts the basic functions have been disrupted as a result of the disaster,
(a) an opinion indicating to what extent they are able to assist other persons concerned from their own budgets;
(b) information on the measures contained in their crisis plans and applied during the period of danger or emergency, on which the territory should be further restored.
(2) The Ministry, in cooperation with the Ministry of Finance, shall draw up, on the basis of the documents submitted pursuant to Article 3 (1) and paragraph 1, a proposal for a recovery strategy containing in particular:
(a) the definition of the territory for which State aid may be granted for renewal;
(b) the objectives for which State aid may be granted, including the establishment of an order of importance;
(c) the list of ministries to decide on the granting of State aid;
(d) the volume of funds for ministries designated under (c);
(e) State aid forms and, where State aid is granted on the basis of programmes, the definition of such programmes and the designation of AIFMs;
(f) designation of the Ministry or Region responsible for coordinating activities; where it is intended to coordinate the region, it shall exercise it in its delegated capacity.
(3) In the event of a radiation accident, the State Nuclear Safety Authority shall participate in the preparation of the draft recovery strategy referred to in paragraph 2.
(4) The Minister for Regional Development shall submit to the Government for approval, within 20 days of the expiry of the period for which the state of danger or emergency was declared, or after the cancellation of those conditions before the end of the period for which those conditions were declared.
Repeal
They shall be deleted:
1. Act No. 27 / 1950 Coll., on State aid for natural disasters.
2. Decree No 167 / 1954 of the Úl. on State aid for natural disasters.
EFFECTIVE
This Act shall take effect on the day of its publication.
Klaus v. r.
Havel v. r.
Zeman v. r.
1) § 2 (b) of Act No. 239 / 2000 Coll., on the Integrated Rescue System and on the amendment of certain laws.
2) § 3 of Act No. 240 / 2000 Coll., on Crisis Management and on the amendment of certain laws (Crisis Act).
3) Articles 5 and 6 of Constitutional Act No. 110 / 1998 Coll., on Security of the Czech Republic.
4) Act No. 218 / 2000 Coll., on budgetary rules and amending certain related laws (budgetary rules), as amended.
5) § 3 (d) of Decree No. 137 / 1998 Coll., on general technical requirements for construction.
(5a) Paragraph 2 (2) of Act No. 101 / 2001 Coll., on the Recovery of Illegal Exported Cultural Goods, as amended by Act No. 180 / 2003 Coll.
5b) § 5 of Act No. 20 / 1987 Coll., on State Heritage Care.
5c) § 6 of Act No. 20 / 1987 Coll., as amended by Act No. 132 / 2000 Coll. and Act No. 320 / 2002 Coll.
6) Article 64 of Act No. 128 / 2000 Coll., on Municipality (municipal establishment), as amended by Act No. 313 / 2002 Coll. Act No 314 / 2002 Coll., on the establishment of municipalities with entrusted municipal authority and the establishment of municipalities with extended scope, as amended by Act No 387 / 2004 Coll.
7) Act No. 240 / 2000 Coll.
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Regulation Information
| Citation | Act No. 12 / 2002 Coll., on State aid in the recovery of the territory affected by a natural or other disaster and amending Act No. 363 / 1999 Coll., on Insurance and on the amendment of certain related laws (Act on Insurance), as amended, (Act on State aid in the recovery of the territory) |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 16.01.2002 |
|---|---|
| Effective from | 16.01.2002 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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