Act No. 129 / 2016 Coll.
Act amending Act No. 104 / 2000 Coll., on the State Fund for Transport Infrastructure, as amended
Valid
Law
Effective from 10.05.2016
Text versions:
10.05.2016
25.04.2016
129
THE LAW
of 6 April 2016
amending Act No. 104 / 2000 Coll., on the State Fund for Transport Infrastructure, as amended
Parliament has decided on this law of the Czech Republic:
Act No. 104 / 2000 Coll., on the State Fund for Transport Infrastructure, as amended by Act No. 482 / 2004 Coll., Act No. 179 / 2005 Coll., Act No. 80 / 2006 Coll., Act No. 347 / 2009 Coll., Act No. 152 / 2011 Coll., Act No. 196 / 2012 Coll., Act No. 239 / 2012 Coll. and Act No. 250 / 2014 Coll., is amended as follows:
1. In Paragraph 1 (2), the words "subordinate to the Ministry of Transport 'are replaced by the words" within the competence of the Ministry of Transport'.
2. Paragraph 2 (1), including footnotes 2, 11 and 12, reads as follows:
"(1) 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) construction or modernization of railways, except cableway installations, which are not intended to provide transport services, construction or modernization of service facilities or repairs, maintenance or operation of national, regional or service installations (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;
(h) reimbursement to dealers under the Road Transport Act or costs related to the conclusion of a concession contract;
(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) construction, modernization or repair of multimodal transports or their connection to motorways, roads, national or regional railways or transport-relevant inland waterways;
(m) 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;
(n) 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
(o) the costs related to the equipment of railway vehicles on-board components of the railway control-command and signalling system as decided by the European Commission on the technical specification for interoperability relating to the control-command and signalling subsystems of the trans-European rail system 12),
(p) costs related to airport equipment by technical or similar means for civil aviation security.
2) Sections 2 (9) and 3 (1) of Act No. 266 / 1994 Coll., on Railways, as amended.
11) Act No. 157 / 2000 Coll., on the transition of certain items, rights and obligations from the property of the Czech Republic to the property of the regions, as amended.
12) Commission Decision 2012 / 88 / EU of 25 January 2012 concerning the technical specification for interoperability relating to the control-command and signalling subsystems of the trans-European rail system, as amended by Commission Decision 2012 / 696 / EU and Commission Decision (EU) 2015 / 14. '.
3. In Article 2, the following paragraph 2 is inserted after paragraph 1:
"(2) The funds managed by the Fund may be further used:
(a) to cover payments by the Fund of loans received or interest on such loans or other related expenditure; or
(b) to cover the costs of the Fund's activities. "
Paragraph 2 shall become paragraph 3.
4. In Paragraph 2 (3), the word "cash 'is replaced by" Financial' and the words "and others' are replaced by" other '.
5. In Article 2, at the end of paragraph 3, the words "and, if it is for the purpose referred to in paragraph 1 (o), to railway transport operators operating railway vehicles to be equipped with on-board components of the railway control-command and signalling system, and if it is for the purpose referred to in paragraph 1 (p), to airport operators' shall be added.
6. In Article 2, at the end of paragraph 3, the sentence "There is no legal right to grant the Fund 'is added.
7. In Article 2, the following paragraph 4 is added:
"(4) The Fund may, where justified, grant funding to the bodies referred to in paragraph 3 for funding to the extent referred to in paragraph 1 also through an assigned loan."
8. Paragraph 3 (1) reads as follows:
"(1) The Fund shall ensure 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 provided. ";
footnote 4 is deleted.
9. In Article 3, the following paragraphs 2 to 4 are inserted after paragraph 1:
"(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 the operation, repair or maintenance of national or regional railways, the contract shall be concluded with the beneficiary of the Fund 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. ';
Paragraphs 2 and 3 shall become paragraphs 5 and 6.
10. in Article 3 (5), "contracts concluded pursuant to paragraph 1" shall be replaced by "contracts concluded";
11. in Article 3 (5), the sentence "To the extent that the funds have been recovered, the suspension of their implementation or other necessary measures have been suspended, the following sentence shall be inserted after the second sentence:"
12. in Article 3 (6), the words "and connections" shall be deleted;
13. in Article 4 (1) (i), the words "through the relevant European Funds" shall be replaced by the words "from the budget of the European Union."
14. in Paragraph 4 (1), the dot is replaced by a comma at the end of point (l) and the following point (m) is added:
"(m) instalments of loans granted by the Fund, including accessories."
15. in Paragraph 5 (1) of the introductory part of the provision, the words "31 August" are replaced by the words "30 September."
16. in Article 5 (1) (d), the word "Fund" shall be inserted after the word "interest."
17. in Article 5 (2), the words "national interest" shall be inserted after the word "financing."
18. In Article 5, paragraphs 3 and 4 are added:
"(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. "
19. Paragraph 5a (3) is deleted.
Paragraph 4 shall become paragraph 3.
20. in Article 5a (3), the words "paragraph 1" are replaced by the words "paragraph 5 (1)."
21. in Article 5b (1), the word "three" is replaced by the word "six."
22. in § 5b (2), the words "under § 2 (a) to (k)" shall be replaced by "under § 2 (1) and (2)" and the words "investment" shall be deleted;
23. in Article 5b (3), "paragraph 1" is replaced by "Article 5 (1)."
24. In Article 5b, the following paragraph 6 is added:
"(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 budget of the European Union, for which the financial settlement of the funds provided shall be carried out in accordance with the condition of 31 December of the financial year in which the financing of the action has ended. ';
25. in Article 5c, the words "the Fund" and the words "the amount of revenue and expenditure of the Fund approved for the preceding financial year" shall be inserted after the words "until the budget has been approved," shall be replaced by the words "the budget provisional indicators established by the Ministry according to the Fund's anticipated revenue during that period."
26. At the end of § 5c, the sentence "In accordance with the indicators laid down, the Fund shall use the funds for the purposes referred to in § 2 (1) and (2) only up to the amount of its revenue during that period and the balance of income transferred from the previous year. '
27. in Article 7 (4), the words "under Article 2 (i)" shall be deleted;
28. in Article 8 (2), the words "and amendments to the approved budget of the Fund pursuant to Article 5 (4) (a)" shall be added at the end of the text of point (a).
29. in § 8 (2) (f) to (h):
"(f) the rules governing financing from the Fund;
(g) the annual plan of control actions; and
(h) evaluation of control actions; ';
30. in § 8 (2) (i):
"(i) loans granted by the Fund and conditions for granting loans."
31. in Article 8 (3), the words "Ministry in the Transport Bulletin" shall be replaced by the words "Fund in a way that allows remote access."
32. in Paragraph 9 (1) at the end of the second sentence, the words "and discuss the draft annual report and the annual accounts of the Fund before they are submitted to the Government" shall be added.
33.In Article 9 (2), the last sentence is deleted.
34. in Article 9 (5), the words "under Article 2 (1) (k)" shall be deleted;
35. In Article 10, at the end of paragraph 2, the dot is replaced by "a 'and the following point (d) is added:
"(d) decide on the structure of expenditure on the activities of the Fund."
36. In Article 11 (1), the words "or servants' shall be inserted after the words" with work '.
37. in Article 11 (1), the words "or to be" shall be inserted after the words "were."
Efficacy
This Act shall take effect on the 15th day following its publication.
Hamlet v. r.
Zeman v. r.
Sobotka v. r.
Sign in for notes, favorites and notifications
Regulation Information
| Citation | Act No. 129 / 2016 Coll., amending Act No. 104 / 2000 Coll., on the State Fund for Transport Infrastructure, as amended |
|---|---|
| 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.
Comments 0