Act No. 128 / 2016 Coll.
Act amending Act No. 218 / 2000 Coll., on budgetary rules and amending certain related laws (budgetary rules), as amended, and certain other laws
Valid
Law
Effective from 10.05.2016
Text versions:
10.05.2016
25.04.2016
128
THE LAW
of 6 April 2016
amending Act No. 218 / 2000 Coll., on budgetary rules and amending certain related laws (budgetary rules), as amended, and certain other laws
Amendment of the budgetary rules law
Act No. 25 / 2011, Act No. 25 / 2011, Act No. 25 / 2011, Act No. 50 / 2011, Act No. 50 / 2011, Act No. 50 / 2011, Act No. 50 / 2011, Act No. 50 / 2011, Act No. 50 / 2011, Act No. 50 / 2011, Act No. 50 / 2011, Act No. 50 / 2011, Act No. 50 / 2011, Act No. 50 / 2011, Act No. 50 / 2011, Act No. 50 / 2011, Act No. 50 / 2011, Act No. 50 / 2011, Act No. 50 / 2011, Act No. 50 / 2011, Act No. 50 / 2011 / 2011, Act No. 50 / 2011 / 2011 / 2011, Act No. 50 / 2011, Act No. 50 / 2011, Act No. 50 / 2011 / 2011, Act.
1. In Article 2 (1), the words "this or" shall be inserted after the words "if."
2. In Article 3 (h), the words "or in banks abroad 'shall be added at the end of the text of point 3.
3. In Article 3 (h) (10), the words "intended to receive subsidies from the State Budget, State Funds and the National Fund 'are deleted.
4. In Article 3 (h), points 11 to 14 read:
"11. the accounts of the local authorities and the voluntary volumes of municipalities intended to receive or transfer funds from the State Budget, the State Funds, the National Fund and other funds transferred to them by the local authorities or voluntary associations of municipalities; the accounts of the local authorities are also intended to receive the income of, or share in, taxes transferred to those beneficiaries under the law governing the budgetary determination of taxes, unless the local authorities exclude this possibility by written notification to the Ministry and the tax administrator,
12. the accounts of the Regional Councils of the Cohesion Regions intended to receive and transfer to the Regional Councils of the Cohesion regions the funds provided from the State Budget and the National Fund,
13. the accounts of public research institutions intended to receive or transfer to the public research institutions the funds provided from the State budget and the National Fund,
14. the accounts of public higher education institutions intended to receive or transfer to the public higher education institutions, public funds and the National Fund. ';
5. In Article 3 (h), the following point 15 is inserted after point 14, including footnotes 47 and 51:
"15. accounts of the General Health Insurance Corporation of the Czech Republic, including the special account of the public health insurance company 47), accounts of the departmental, branch, corporate and other health insurance companies and associations of health insurance companies; This does not apply to accounts created for income and expenditure on taxed activities (51),
47) Section 20 of Act No. 592 / 1992 Coll., on Insurance against Public Health Insurance.
51) For example, Article 6 (2) (e) of Decree No 418 / 2003 Coll., which provides for a more detailed definition of the heading and amount of the public health insurance funds of health insurance companies, the conditions for their creation, use, admissibility of transfers of funds and their management, the limit of the cost of the activities of health insurance companies covered by the resources of the basic fund, including the procedure for calculating this limit, as amended by Decree No 656 / 2004 Coll., Decree No 519 / 2005 Coll., Decree No 356 / 2007 Coll., Decree No. 127 / 2010 Coll., Decree No. 302 / 2012 Coll. '.
Point 15 is renumbered point 16.
6. in Article 6 (1) (i), the words "and the assets of the Czech Republic with which the Ministry of Defence is responsible" shall be deleted;
7. in Article 7 (1) (x), the words "to finance the main activities defined by its founder" shall be deleted;
8. In Paragraph 7 (1), the dot is replaced by a comma at the end of the text and the following point (z) is added:
"(z) expenditure under directly applicable European Union rules in the financial instrument 48) or Fund 49) in accordance with the financing agreement concluded (50).
48) Article 2 (p) of Regulation (EU, EURATOM) No 966 / 2012 of the European Parliament and of the Council of 25 October 2012 on the financial rules applicable to the general budget of the Union and repealing Council Regulation (EC, Euratom) No 1605 / 2002, as amended.
49) Article 2 (27) of Regulation (EU) No 1303 / 2013 of the European Parliament and of the Council of 17 December 2013 on common provisions for the European Regional Development Fund, the European Social Fund, the Cohesion Fund, the European Agricultural Fund for Rural Development and the European Maritime and Fisheries Fund, laying down general provisions on the European Regional Development Fund, the European Social Fund, the Cohesion Fund and the European Maritime and Fisheries Fund and repealing Council Regulation (EC) No 1083 / 2006, as amended.
50) Article 38 (7) of Regulation (EU) No 1303 / 2013 of the European Parliament and of the Council, as amended. ';
9. In Article 14, at the end of paragraph 10, the sentence "The first sentence shall not apply to the subsidy granted to the beneficiary in the amount of the expenditure or, where applicable, the costs paid by the beneficiary from its own resources before it is granted. '
10. In Article 14d, the words "and contribution organisations' shall be added at the end of the text of paragraph 3.
11. In the first sentence of Paragraph 14e (1), the word "reasonably" shall be inserted after the words "if they believe."
12. in Article 14f (1) and (3), the word "reasonably" shall be inserted after the word "finding."
13. in Article 26 (1) (a), the words "paragraph 1" shall be inserted after the words "Paragraph 23."
14. in Article 26 (1) (h), the words "Article 3 (o) (4) (a)" shall be inserted after the words "under."
15. Paragraph 33 (6) reads:
"(6) Account holders under § 3 (h) are required to provide the Ministry with information for the ongoing monitoring of the development of funds in these accounts and for checking their use, and are also required to give the Czech National Bank permission to provide information on the state and movements of funds in these accounts to the Ministry. '
16. in Paragraph 33 (7), "1 to 9" is replaced by "1 to 10 and 15";
17. In the first sentence of Paragraph 33 (8), the words "10 to 15 'are replaced by the words" 11 to 14 and 16'; in the second sentence, the words "1 to 9 'are replaced by the words" 1 to 10 and 15'; the fourth sentence is deleted.
18. in Paragraph 33 (9), "10 to 15" is replaced by "11 to 14 and 16."
19. In Paragraph 33, the following paragraph 11 is added:
"(11) In order to improve the effectiveness of the Treasury's liquidity management with the Ministry, account holders may agree to keep the funds in the account of the subordinate Treasury at the agreed amount and for a predetermined period, in accordance with Article 3 (h) (14) and (16). This Agreement shall also include the negotiation of an amount of cash payment replacing the interest provided by the Ministry to account holders pursuant to paragraph 9. ';
20. Paragraph 34 (6) reads:
"(6) The Ministry is entitled to determine the account holders according to § 3 (b). (h) the dates and scope of the payment scheme and the derogations for the execution of payment transactions in the accounts referred to in Article 3 (h); The provisions of Paragraph 33 (8) of the first sentence and the provisions of the special legislation shall not be affected. ';
21. In the first and third sentences of Paragraph 34 (8), the words "and branches of foreign banks" shall be replaced by "or in banks abroad."
22. In the first sentence of Article 35 (5), the words "public funds' are replaced by the words" account holders under Article 3 (h), with the exception of the organisational components of the State and non-health-care-related contributory organisations'.
23. in Article 35 (6), the words "and under Article 35a (4)" shall be added after the words "paragraph 5."
24. The following Section 35a is inserted after Section 35:
(1) The Ministry is entitled to accept a loan from the European Investment Bank, the Development Bank of the Council of Europe or other international financial institutions to finance specific programmes or projects on the basis of a decision of the Government for the Czech Republic.
(2) The loan agreement referred to in paragraph 1 is negotiated and concluded by the Minister for Finance for the Czech Republic. The Ministry is responsible for exercising the rights and obligations of the Czech Republic under the credit agreement and for managing the money from the credit received.
(3) The funds raised by the loan may be used in the year of acceptance to cover expenditure budgeted in the State budget. In the years following the year of acceptance of the loan, expenditure financed by the credit shall be budgeted.
(4) If the government so decides, the Ministry shall be entitled to use the funds raised by the loan in accordance with Paragraph 35 (6) to provide loans and loans to state funds and, where appropriate, other persons to finance specific programmes or projects. ';
25. In the second sentence of Paragraph 45 (10), the comma shall be deleted after the word "income."
26. footnote 44 is deleted, including the reference thereto.
27. in § 48 (4) (d), the words "special law 46)" shall be replaced by the words "law governing vehicle liability insurance."
Footnote 46:
"46) § 23a (3) of Act No. 168 / 1999 Coll., as amended by Act No. 160 / 2013 Coll. '.
28. In Article 53, the following paragraphs 7 and 8 are added:
"(7) Contributions from organisations representing abroad may, after prior agreement of the founder, set up an account with a bank abroad to concentrate revenues and ensure reimbursement of costs.
(8) Contributions organisations may, following prior approval by the Ministry, set up accounts with banks from which payments related to business travel can be made through payment cards during business travel. Additional payments may be made from these accounts through payment cards, the reimbursement of which cannot be otherwise made. '
29. in Article 54 (1) (e) and (f), the word "operational" shall be deleted;
30. In Paragraph 55, the sentence "The provisions of paragraphs 2 and 3 shall not apply to contributory organisations for which the impaired economic result was due to a free transfer of assets due to the fulfilment of obligations under the Law on the Settlement of Property with the Church 52) shall be added at the end of paragraph 5. '
Footnote 52 reads:
"52) Act No. 428 / 2012 Coll., on property settlement with churches and religious societies and amending certain laws (Act on property settlement with churches and religious societies), as amended by Act No. 177 / 2013 Coll. '.
31. Paragraph 57 (5), including footnote 28a, is deleted.
32. At the end of Paragraph 75, the sentence "Paragraph 14 (10) of the second sentence shall not be affected by the first sentence."
33. In Paragraph 77, at the end of paragraph 1, the sentence "In order to amend the conditions under which subsidies were granted by decision of the provider until 31 December 2000, Paragraph 14 (13) shall apply mutatis mutandis. ';
Transitional provisions
1. The Railway Infrastructure Administration, which has accounts held with banks or other payment service providers, shall set up new accounts with the Czech National Bank instead within 9 months of the date of entry into force of this Act, transfer funds from existing accounts to banks or other payment service providers and cancel the current accounts held with banks or other payment service providers. Until the transfer of funds to the Czech National Bank, these entities are required to inform the Ministry of Finance by the 10th day of each month of the number of accounts held in banks or other payment service providers on the last day of the preceding month and the average amount of funds for them for the previous month.
2. The general health insurance company, the departmental, branch, corporate and other health insurance companies and associations of health insurance companies that have accounts with banks or other payment service providers shall establish new accounts with the Czech National Bank instead of them within 9 months of the entry into force of this Act, transfer funds from existing accounts with banks or other payment service providers and cancel the current accounts with banks or other payment service providers. Selected current accounts held with banks or other payment service providers shall not be cancelled. These accounts can be used only for special reasons for receiving funds after the transfer of funds according to the first sentence and the funds received must be transferred immediately to the accounts of the Czech National Bank. The accounts referred to in the second sentence must be cancelled no later than 24 months after the entry into force of this Act. Pending the cancellation of accounts held in banks or other payment service providers, the entities listed in the sentence shall be required to inform the Ministry of Finance by the 10th day of each month of the number of such accounts on the last day of the preceding month and the average amount of funds for them for the preceding month.
3. The funds in the accounts of banks or other payment service providers, which could not be cancelled because the funds could not be transferred to the Czech National Bank within 9 months of the entry into force of this Act, will be transferred by the contributory organisations, the Railway Infrastructure Administration, the General Health Insurance Agency, the Ministry, the branch, the business and other health insurance companies and associations of health insurance companies to the Czech National Bank immediately after the lapse of the reason for which they could not be transferred earlier. Until the transfer of funds to the Czech National Bank, the entities listed in the first sentence shall inform the Ministry of Finance by the 10th day of each month of the number of accounts held in banks or other payment service providers on the last day of the preceding month and the average amount of funds for them for the previous month. After 9 months of the entry into force of this Act, the accounts referred to in the first sentence may be kept only with the approval of the Ministry of Finance.
Amendment of the Act on the General Health Insurance Company of the Czech Republic
Act No. 551 / 1991 Coll., on the General Health Insurance Company of the Czech Republic, as amended by Act No. 592 / 1992 Coll., Act No. 10 / 1993 Coll., Act No. 60 / 1995 Coll., Act No. 149 / 1996 Coll., Act No. 48 / 1997 Coll., Act No. 305 / 1997 Coll., Act No. 93 / 1998 Coll., Act No. 127 / 1998 Coll., Act No. 69 / 2000 Coll., Act No. 132 / 2000 Coll., Act No. 220 / 2000 Coll., Act No. 261 / 2007 Coll., Act No. 296 / 2007 Coll., Act No. 455 / 2003 Coll., Act No. 438 / 2004 Coll., Act No. 17 / 2006 Coll., Act No. 261 / 2007 Coll.
1. in Paragraph 4, point (b) is deleted;
Points (c) and (d) shall be renumbered (b) and (c).
2. in Article 7 (1) (b), the third sentence is deleted;
3. Paragraph 7 (5) is deleted.
Paragraphs 6 and 7 shall become paragraphs 5 and 6.
Amendment of the Act on departmental, branch, corporate and other health insurance companies
Act No. 280 / 1992 Coll., on departmental, branch, corporate and other health insurance companies, as amended by Act No. 10 / 1993 Coll., Act No. 15 / 1993 Coll., Act No. 60 / 1995 Coll., Act No. 149 / 1996 Coll., Act No. 48 / 1997 Coll., Act No. 93 / 1998 Coll., Act No. 127 / 1998 Coll., Act No. 225 / 1999 Coll., Act No. 220 / 2000 Coll., Act No. 69 / 2011 Coll., Act No. 49 / 2002 Coll., Act No. 420 / 2003 Coll.
1. in Article 12 (2), point (a) is deleted;
Points (b) and (c) shall become points (a) and (b).
2. In Paragraph 18 (1), the third sentence is deleted.
3. Paragraph 19 (1), including footnote 26, reads as follows:
"(1) From the funds of the basic fund of the employee insurance undertaking, the employee insurance undertaking may use up to 1 per cent of the public health insurance premiums after the reallocation under the Public Health Insurance Act (26) for the immediately preceding calendar year as a source of the prevention fund if the conditions for the fulfilment of the reserve fund and the balanced management are met. If these conditions are met, the employee insurance undertaking may also transfer funds from the operational fund as a source of the prevention fund and revenue resulting from fines, premiums and periodic penalty payments charged by that insurance undertaking in the field of public health insurance.
26) Act No. 592 / 1992 Coll., on Insurance against Public Health Insurance, as amended. '
4. Paragraph 19 (2) is deleted.
Paragraph 3 shall become paragraph 2.
Amendment of the Act on the State Agricultural Intervention Fund
In Article 6a of Act No. 256 / 2000 Coll., on the State Agricultural Intervention Fund and amending certain other laws (Act on the State Agricultural Intervention Fund), as amended by Act No. 179 / 2014 Coll., the sentences "Unspent financial resources in bank accounts as referred to in paragraph 1 (a) (b) shall be added at the end of paragraph 4, subject to financial settlement for the year in which the total amount of eligible claims of applicants for the measure concerned is paid. Unspent funds in bank accounts as referred to in paragraph 1 (j) shall be returned by the Fund to an account designated by the Ministry of Agriculture. ';
EFFECTIVE
This Act shall take effect on the 15th day following its publication.
Hamlet v. r.
Zeman v. r.
Sobotka v. r.
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Regulation Information
| Citation | Act No. 128 / 2016 Coll., amending Act No. 218 / 2000 Coll., on budgetary rules and amending certain related laws (budgetary rules), as amended, and certain other laws |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 25.04.2016 |
|---|---|
| Effective from | 10.05.2016 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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