Act No. 138 / 2006 Coll.
Law amending certain laws in connection with the adoption of the Public Procurement Act
Valid
Effective from 01.07.2006
Contents
ČÁST PRVNÍ
Čl. I
ČÁST DRUHÁ
Čl. II
ČÁST TŘETÍ
Čl. III
ČÁST ČTVRTÁ
Čl. IV
ČÁST PÁTÁ
Čl. V
ČÁST ŠESTÁ
Čl. VI
ČÁST SEDMÁ
Čl. VII
ČÁST OSMÁ
Čl. VIII
ČÁST DEVÁTÁ
Čl. IX
ČÁST DESÁTÁ
Čl. X
㤠15
§ 16
㤠16a
§ 16b
§ 16c
§ 16d
§ 16e
§ 16f
§ 16g
㤠17
Čl. XI
ČÁST JEDENÁCTÁ
Čl. XII
㤠75b
ČÁST DVANÁCTÁ
Čl. XIII
ČÁST TŘINÁCTÁ
Čl. XIV
ČÁST ČTRNÁCTÁ
Čl. XV
ČÁST PATNÁCTÁ
Čl. XVI
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138
THE LAW
of 14 March 2006
amending certain laws in connection with the adoption of the Public Procurement Act
Parliament has decided on this law of the Czech Republic:
Amendment to Act No. 634 / 2004 Coll., on Administrative Charges
In the Administrative Fees Box listed in the Annex to Act No 634 / 2004 Coll., on Administrative Fees, item 64, including footnote 41, reads:
"Heading 64
| Přijetí žádosti o zápis do seznamu kvalifikovaných dodavatelů41) | Kč | 3 000 |
| Přijetí žádosti o změnu zápisu v seznamu kvalifikovaných dodavatelů41) | Kč | 1 000 |
| Přijetí žádosti o schválení systému certifikovaných dodavatelů41) | Kč | 20 000 |
| Přijetí žádosti o schválení změny systému certifikovaných dodavatelů41) | Kč | 5 000 |
41) Act No. 137 / 2006 Coll., on Public Procurement. '.
Amendment to Act No. 436 / 2004 Coll., amending certain laws in connection with the adoption of the Employment Act
In Act No. 436 / 2004 Coll., amending certain laws in connection with the adoption of the Employment Act, Part 54th is deleted.
Amendment to Act No. 437 / 2004 Coll., amending Act No. 50 / 1976 Coll., on Territorial Planning and Construction Regulations (Construction Act), as amended, Act No. 76 / 2002 Coll., on Integrated Pollution Prevention and Restriction, on Integrated Pollution Register and on Amendments to Certain Acts (Act on Integrated Prevention), as amended, Act No. 521 / 2002 Coll., and Act No. 40 / 2004 Coll., on Public Procurement
In Act No. 437 / 2004 Coll., amending Act No. 50 / 1976 Coll., on Territorial Planning and Construction Regulations (Construction Act), as amended, Act No. 76 / 2002 Coll., on Integrated Pollution Prevention and Restriction, on Integrated Pollution Register and on the Amendment to Certain Acts (Integrated Prevention Act), as amended by Act No. 521 / 2002 Coll., and Act No. 40 / 2004 Coll., on Public Procurement, Part Three is deleted.
Amendment of Act No. 60 / 2005 Coll., amending Act No. 440 / 2003 Coll., on the Treatment of Raw Diamonds, on the Conditions of Import, Export and Transit and on the Amendment of Certain Acts, and Act No. 40 / 2004 Coll., on Public Procurement, as amended
In Act No. 60 / 2005 Coll., amending Act No. 440 / 2003 Coll., on the Treatment of Raw Diamonds, on the Conditions of Import, Export and Transit and on the Amendment to Certain Acts, and Act No. 40 / 2004 Coll., on Public Procurement, as amended, Part Two is deleted.
Amendment to Act No. 124 / 2005 Coll., amending Act No. 117 / 1995 Coll., on State Social Aid, as amended, Act No. 482 / 1991 Coll., on Social Needs, as amended, Act No. 235 / 2004 Coll., on Value Added Tax, as amended, and Act No. 40 / 2004 Coll., on Public Procurement, as amended
In Act No. 124 / 2005 Coll., amending Act No. 117 / 1995 Coll., on State Social Aid, as amended, Act No. 482 / 1991 Coll., on Social Needs, as amended, Act No. 235 / 2004 Coll., on Value Added Tax, as amended, and Act No. 40 / 2004 Coll., on Public Procurement, as amended, Part Four is deleted.
Amendment of Act No. 179 / 2005 Coll., amending certain laws in connection with the adoption of the Act on the abolition of the National Property Fund of the Czech Republic
In Act No. 179 / 2005 Coll., amending certain laws in connection with the adoption of the Act on the abrogation of the National Property Fund of the Czech Republic, Part 27 is deleted.
Amendment to Act No. 253 / 2005 Coll., amending certain laws in connection with the adoption of the Labour Inspection Act
In Act No. 253 / 2005 Coll., amending certain laws in connection with the adoption of the Labour Inspection Act, Part 14 is deleted.
Amendment to Act No. 377 / 2005 Coll., on the Supplementary Supervision of Banks, Savings and Credit Cooperatives, Electronic Money Institutions, Insurance and Securities Traders in Financial Conglomerates and on the Amendment of Certain Other Acts (Financial Conglomerates Act)
In Act No. 377 / 2005 Coll., on the supplementary supervision of banks, savings and credit cooperatives, electronic money institutions, insurance companies and securities dealers in financial conglomerates and on the amendment of certain other laws (Financial Conglomerates Act), Part Twenty-eighth is deleted.
Amendment to Act No. 413 / 2005 Coll., on the amendment of laws in connection with the adoption of the Act on the Protection of classified information and on Security Capability.
In Act No. 413 / 2005 Coll., on the amendment of laws in connection with the adoption of the Act on the Protection of classified information and on Security Eligibility, Part 61 is deleted.
Amendment of the Regional Development Support Act
Act 248 / 2000 Coll., on the promotion of regional development, as amended by Act 320 / 2002 Coll., is amended as follows:
1. Paragraph 15, including footnote 6, reads as follows:
For the purposes of coordination and implementation of economic and social cohesion, regions whose territorial definition is identical to NUTS 26 territorial statistical units (hereinafter referred to as the Cohesion Region) shall be established. These are the following cohesion regions:
a) Prague, defined by the territory of the capital city of Prague,
b) Central Bohemia, defined by the territory of the Central Bohemia Region,
(c) South West, defined by the territory of the South Bohemian and Pilsen regions,
(d) Northwest, defined by the territory of the Karlovy Vary and the Ústí Region,
e) North-East, defined by the territory of the Liberec, Králové Hradec and Pardubice Region,
(f) Southeast, defined by the territory of the South Moravian Region and the Vysočina Region,
(g) Central Moravia, defined by the territory of Olomouc and Zlín Region,
h) Moravian-Silesia, defined by the territory of the Moravian-Silesian Region.
6) Communication from the Czech Statistical Office No. 228 / 2004 Coll., on updating the Classification of Territorial Statistical Units (CZ- NUTS). "
2. Article 16, including the title and footnotes Nos 6a and 6b, reads:
"Regional Cohesion Council
(1) The following are established in the cohesion regions:
a) Regional Council of the cohesion region Prague, based in Prague,
b) Regional Council of the Central Bohemia Cohesion Region, based in Prague,
c) South West Regional Council of the Cohesion Region, based in České Budějovice,
(d) the Regional Council of the North West Cohesion Region, based in Ústí nad Labem,
e) Regional Council of the North East Cohesion Region, based in Hradec Kralove,
(f) South East Regional Council of the Cohesion Region, based in Brno,
(g) Regional Council of the Central Moravia Cohesion Region, based in Olomouc,
h) Regional Council of the region of cohesion Moravian-Silesia, based in Ostrava.
(2) The Regional Council of the Cohesion Region (the Regional Council) is a legal person.
(3) The Regional Council is the managing authority6a) The Regional Operational Programme for the relevant Cohesion Region.
(4) The bodies of the Regional Council are the Committee of the Regional Council ("the Committee"), the President of the Regional Council ("the President") and the Office of the Regional Council ("the Authority").
(5) In the activities governed by the law, the provisions on the delegation of regions are similar to 6b).
6a) Council Regulation (EC) No 1260 / 1999 of 21 June 1999 laying down general provisions on the Structural Funds.
6b) Act No. 129 / 2000 Coll., on Counties (Regional Establishment), as amended. '
3. The following Sections 16a to 16g are inserted after Section 16, including the title and footnotes Nos 6c to 6f:
The Regional Council shall manage, under its own budget, under the conditions laid down by specific legislation6c) and ensure that financial controls are carried out under specific legislation6d). The management of the Regional Council for the previous calendar year shall be reviewed by the Ministry of Finance in accordance with the special legislation 6e).
Revenue from the Regional Council budget
The revenue of the Regional Council budget shall consist in particular of:
(a) subsidies from the State budget to finance programmes co-financed by the European Union budget;
(b) subsidies from regional budgets to finance programmes co-financed by the European Union budget;
(c) subsidies from regional budgets for the activities of the Regional Councils;
(d) income from own property and property rights;
(e) donations and allowances received;
(f) loans, loans and repayable financial assistance received;
(g) interest on deposits, periodic penalty payments and other payments received in connection with the use of the Regional Council funds.
Expenditure of the Regional Council budget
The budget of the Regional Council shall cover in particular:
(a) expenditure on programmes co-financed by the budget of the European Union and commitments arising for the Regional Council from the implementation of the obligations imposed by its laws;
(b) expenditure on own activities of the Regional Council;
(c) repayments of loans, loans and repayable financial assistance received;
(d) penalties for breaches of budgetary discipline.
Committee
(1) The members of the Committee shall elect from among their members the regional councils which form the cohesion region. If the cohesion region is one region, the Committee has 15 members. If the cohesion region consists of more than one region, each region in the committee shall be represented by 8 members.
(2) The Committee shall exercise its powers even after the end of the parliamentary term of the regional councils until the new Committee is elected.
(3) The function of a member of the Committee is public function 6f).
(4) The Committee shall act by a resolution.
(5) In the case of a region of cohesion consisting of a single region, a quorum shall be available if an absolute majority of all Committee members are present. In this case, an absolute majority of all members of the Committee shall be required to adopt the resolution.
(6) In the case of a region of cohesion made up of several regions, the quorum shall be capable if an absolute majority of all the members of the committee elected in each region of cohesion region are present. In this case, an absolute majority of all the members of the committee elected in each region of the cohesion region shall be required to adopt the resolution. If no resolution is adopted in this way, the Committee shall set up a conciliation committee composed of two members of the Committee from each region, which shall submit a draft solution to the matter at issue to the Committee for reconsideration.
(7) The Committee shall meet as necessary but at least every 3 months.
(8) Further details of the committee's deliberations and decisions shall be laid down in the Committee's rules of procedure.
(1) The Committee shall act and decide on matters relating to the implementation of the Regional Operational Programme, in particular:
(a) the implementation and management documentation of the Regional Operational Programme;
(b) measures relating to publicity and information on the Regional Operational Programme;
(c) the selection of projects to which the Regional Council will grant a grant or repayable financial assistance;
(d) the annual and final implementation reports and, where appropriate, other reports and supporting documents related to the implementation of the Regional Operational Programme;
(e) other matters where the Committee's rules of procedure so provide.
(2) The Committee is reserved to approve the budget of the Regional Council and the Regional Council's final account.
The President
(1) The Committee shall elect and remove from its members the Chairperson and Vice-Presidents. The number of Vice-Presidents shall be determined in such a way that each region is represented in the Committee either by the Chair of the Committee or by the Vice-President.
(2) The President shall be the statutory body of the Regional Council and shall represent it externally. It shall be responsible to the Committee for its activities.
(3) The President shall convene and manage the meetings of the Committee.
(4) The Vice-President shall be represented in his absence. If several Vice-Presidents are elected, the Vice-Presidents shall be represented by the President in the order laid down by the Committee.
Conflict of interest
(1) The duties of a member of the Committee shall be incompatible with those of the Director and with the working relationship with the Regional Council.
(2) In the event of a conflict of interest with the President, the Vice-President and a member of the Committee, the matter shall be dealt with in accordance with a special legislative act 6b).
6c) Act No. 250 / 2000 Coll., on the budgetary rules of the territorial budgets, as amended.
6d) Act No. 320 / 2001 Coll., on financial control in public administration and amending certain laws (Act on Financial Control), as amended.
6e) Act No. 420 / 2004 Coll., on reviewing the management of local authorities and voluntary associations of municipalities.
6f) § 2 (1), § 124 and 206 of the Labour Code. '
4.
Office
(1) The Office shall be the executive body of the Regional Council, which shall ensure all tasks associated with the function of the managing authority of the Regional Operational Programme, with the exception of matters entrusted to the Committee under Article 16e.
(2) Furthermore, the Office shall carry out tasks related to the professional, organisational and technical security of the activities of the Regional Council.
(3) The Office shall be headed by the Director of the Office (hereinafter referred to as "the Director '). The Director shall be appointed and removed by the Committee on a proposal from the President; the appointment establishes an employment relationship with the Regional Council. The Director shall be under the authority of the President.
(4) Director
(a) perform the function of statutory body of the employer vis-à-vis the Regional Council staff;
(b) establish the salaries of the Regional Council staff in accordance with paragraph 6;
(c) is the supervisor of all Regional Council staff and controls their activities.
(5) The organisation structure, the number of staff and the budget of the Office shall be determined by the Committee.
(6) The status, rights and obligations of the Regional Council staff are subject mutatis mutandis to the provisions of the Law on officials of local authorities. "
Transitional provision
On the date of the entry into force of this Act, the Regional Councils of the regions of cohesion are transferred to the laws and obligations arising from the activities of the Regional Council established for each cohesion region under the current legislation.
Amendment of the budgetary rules
Act No. 218 / 2000 Coll., on budgetary rules and on the amendment of certain related laws (budgetary rules), as amended by Act No. 493 / 2000 Coll., Act No. 141 / 2001 Coll., Act No. 187 / 2001 Coll., Act No. 320 / 2001 Coll., Act No. 450 / 2001 Coll., Act No. 202 / 2002 Coll., Act No. 320 / 2002 Coll., Act No. 479 / 2003 Coll., Act No. 186 / 2004 Coll., Act No. 257 / 2004 Coll., Act No. 377 / 2005 Coll., Act No. 546 / 2005 Coll., Act No. 1 / 2005 Coll., Act No. 127 / 2005 Coll., Act No. 361 / 2005 Coll., Act No. 377 / 2005 Coll., Act No. 546 / 2005 Coll., is amended as follows:
1. in Article 7 (1), the following point (k) is inserted after point (j), including footnote 11a:
"(k) grants and repayable financial assistance to the Regional Councils of Cohesion11a),
11a) Act No. 248 / 2000 Coll., on the promotion of regional development, as amended. '
Points (k) to (v) shall be renumbered as points (l) to (w).
Footnotes 11a to 11e shall be renumbered as footnotes 11b to 11f, including footnote references.
2. In Article 7 (2), "(k) to (n) 'is replaced by" (l) to (o)';
3. In Article 14 (3), the dot at the end of point (i) is replaced by a comma and the following point (j) is added:
"(j) a list of natural and legal persons paid from resources provided by the State budget not covered by the Public Procurement Act.";
4. Paragraph 14 (10) is deleted.
5. Paragraph 37 (1) reads:
"(1) The National Fund is a summary
(a) the funds entrusted by the European Communities to the Czech Republic for the implementation of programmes or projects co-financed by the budget of the European Union, with the exception of Community support for rural development; and
(b) the funds of the financing mechanisms of the European Economic Area, Norway and Switzerland entrusted to the Czech Republic under international agreements. "
6. In Paragraph 37 (2), the second sentence is deleted.
7. The following Section 75b is inserted after Section 75a, including footnote 34:
The Ministry shall keep a central register in which it processes data on subsidies, repayable financial assistancements and other similar transfers 34) provided by the State Budget, State Funds, State Financial Assets and the National Fund (hereinafter referred to as the "Central Endowment Records'). Their providers shall be obliged to record data on them and their recipients in the central subsidy records, or to transmit such data from other registers where they contain specified data. The content and scope of the data recorded or transmitted to the central subsidy log and the procedures and time limits that providers carry out in this recording and transmission shall be determined by the Ministry by a decree.
34) Paragraph 2 (3) of Decree No 323 / 2002 Coll., on the budget structure. '
Amendment of the Act on the budgetary rules of the territorial budgets
Act No. 250 / 2000 Coll., on the budgetary rules of the territorial budgets, as amended by Act No. 450 / 2001 Coll., Act No. 320 / 2001 Coll., Act No. 320 / 2002 Coll., Act No. 421 / 2004 Coll., Act No. 557 / 2004 Coll., Act No. 562 / 2004, Act No. 635 / 2004 Coll. and Act No. 342 / 2005 Coll., is amended as follows:
1. In Section 1, the following paragraph 4 is added:
"(4) The provisions of Part Two and Part Three of this Act also govern the management of the Regional Councils of Cohesion2a (except for the provisions of Sections 7 to 10).
2a) Article 16 of Act No. 248 / 2000 Coll., on the promotion of regional development, as amended by Act No. 138 / 2006 Coll. '.
2. In Article 10, at the end of paragraph 1, the dot is replaced by a comma and the following point (k) is added:
"(k) grants to the Regional Council of the Cohesion Region."
3. In Paragraph 22 (3), the third sentence is replaced by the sentence "The regional authority responsible for the delegation of the regional authority shall decide on its location for the regions, the capital of Prague and the Regional Councils of the Cohesion Region."
Amendment to the Financial Control Act
In Article 7 (2) (a) of Act No. 320 / 2001 Coll., on financial control in public administration and amending certain laws (Financial Control Act), as amended by Act No. 421 / 2004 Coll., the words ", Regional Councils of the Cohesion Regions' are inserted after the words" State Funds' and the words "Documents on 'are deleted.
Amendment of the Law on the examination of the management of territorial units
Act No 420 / 2004 Coll., on the examination of the management of local authorities and voluntary associations of municipalities, as amended by Act No 413 / 2005 Coll., is amended as follows:
Contents
ČÁST PRVNÍ
Čl. I
ČÁST DRUHÁ
Čl. II
ČÁST TŘETÍ
Čl. III
ČÁST ČTVRTÁ
Čl. IV
ČÁST PÁTÁ
Čl. V
ČÁST ŠESTÁ
Čl. VI
ČÁST SEDMÁ
Čl. VII
ČÁST OSMÁ
Čl. VIII
ČÁST DEVÁTÁ
Čl. IX
ČÁST DESÁTÁ
Čl. X
㤠15
§ 16
㤠16a
§ 16b
§ 16c
§ 16d
§ 16e
§ 16f
§ 16g
㤠17
Čl. XI
ČÁST JEDENÁCTÁ
Čl. XII
㤠75b
ČÁST DVANÁCTÁ
Čl. XIII
ČÁST TŘINÁCTÁ
Čl. XIV
ČÁST ČTRNÁCTÁ
Čl. XV
ČÁST PATNÁCTÁ
Čl. XVI
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Regulation Information
| Citation | Act No. 138 / 2006 Coll., amending certain laws in connection with the adoption of the Public Procurement Act |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 19.04.2006 |
|---|---|
| Effective from | 01.07.2006 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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