Government Regulation No. 139 / 2017 Coll.

Government regulation on state defence planning

Valid Effective from 01.07.2017
139
GOVERNMENT REGULATION
of 19 April 2017
on State defence planning
The Government orders the implementation of Act No. 222 / 1999 Coll., on the Protection of the Czech Republic, as amended by Act No. 320 / 2002 Coll., Act No. 436 / 2004 Coll., Act No. 413 / 2005 Coll., Act No. 112 / 2006 Coll., Act No. 186 / 2006 Coll., Act No. 306 / 2008 Coll., Act No. 281 / 2009 Coll., Act No. 73 / 2011 Coll., Act No. 375 / 2011 Coll., Act No. 15 / 2015 Coll. and Act No. 47 / 2016 Coll., (hereinafter "Act '):
State defence plans
§ 1
State defence plans are documents establishing a set of material, organisational and personnel measures intended for the preparation, management and organisation of collateral
(a) State defence;
(b) the fulfilment of the international contractual obligations of the Czech Republic on common defence;
(c) the share of the armed forces in the activities of international peace organisations; and
(d) participation of the armed forces in peace operations.
§ 2
State defence plans shall be treated as:
(a) the central State defence plan;
(b) the plan of the corresponding forces and means necessary to ensure the State's defence in a state of threat to the State or in a state of war (hereinafter referred to as "the appropriate forces and means plan");
(c) a plan for the replenishment of the corresponding forces and means necessary to ensure the State's defence in a state of threat to the State or to war (hereinafter referred to as "the plan for replenishment of the corresponding forces and means");
(d) economic mobilisationplans (1);
(e) a plan for the operational preparation of the national territory of the Czech Republic (hereinafter referred to as "national territory"),
(f) a plan for the implementation of the operational preparation of the national territory;
(g) preliminary operational plans;
(h) permanent defence plans;
(i) a list of measures of the national crisis response system for State defence management purposes (hereinafter referred to as "the list of measures");
(j) a catalogue of national crisis response measures for State defence management purposes (hereinafter referred to as the "measure catalogue");
(k) plans to prepare citizens to defend the state; and
(l) defence plans.
§ 3
Central State Defence Plan
(1) The central defence plan of the State includes:
(a) a plan to ensure State defence, with the establishment of:
1. Responsibilities in the implementation of its individual parts and conditions for their coordination,
2. crisis planning and defence planning processes and phases within the State Defence System; and
3. the basic procedures for ensuring State defence and the principles of their organisation;
(b) scenarios for the use of armed forces in a state of state or war;
(c) the plans of the activities of the State authorities and the authorities of the local authorities established under the State defence system for:
1. period of peace,
2. the state of threat; and
3rd state of war,
(d) the plan necessary for delivery (1); and
(e) basic organisational and communication links within the State defence system.
(2) The draft central defence plan of the State or the draft update of the State's central defence plan shall be prepared by the Ministry of Defence (hereinafter referred to as "the Ministry ') and submitted to the Government for approval.
(3) The update of the State's central defence plan shall be carried out every 4 years after the approval of its original or subsequently updated version by the Government or according to the needs of the State's defence.
§ 4
Plan of corresponding forces and resources and plan of supplementing corresponding forces and resources
(1) The plan of the corresponding forces and means sets out the forces and means that may be deployed to avert or limit the extent of the military threat to the State, or to fulfil the international contractual obligations of the Czech Republic on joint defence against the attack, indicating their number, material and personnel equipment and their ability to deal with those tasks.
(2) The plan for replenishment of the corresponding forces and resources provides for a period of peace, state or war threat and for the mobilisation of the armed forces under the Law of Defense
(a) the number of military services, persons and equipment; and
(b) the time standards and the method of supplementing military services, personnel and military equipment in preparation for securing State defence.
(3) The plan for replenishment of the corresponding forces and resources prepared for the state of emergency period referred to in paragraph 2 also provides for the content of the provisions in the case of the regulation of the selective addition provided for by the military services by the profession of designated soldiers in advance for emergency service in accordance with the needs of the armed sil2) (hereinafter referred to as the "selection supplement").
(4) The corresponding forces and resources plan and the completion plan for the corresponding forces and resources shall be drawn up by the Ministry by 31 March of each calendar year using data processed on 1 January of that calendar year. The Defence Minister shall approve the appropriate forces and resources plan and the completion plan.
§ 5
Plan for the operational preparation of national territory and plan for the implementation of the operational preparation of national territory
(1) The plan for the operational preparation of the national territory sets out the time and substance sequence of the implementation of the State operational preparation measures under Section 2 (6) of the Act.
(2) The draft plan for the operational preparation of the State Territory shall be prepared by the Ministry and submitted to the Government for approval, every four years after the approval of the previous plan or according to the need to ensure State defence.
(3) In order to implement the State Territory Operational Preparation Plan, the Ministry shall, in its field of competence, process the Operational Preparation Plan of the State Territory, which establishes a basic framework for the establishment of measures to perform the tasks of the State Territory Operational Preparation Plan based on the State Territory Operational Preparation Plan.
§ 6
Preliminary operational plans and permanent defence plans
(1) Preliminary operational plans and permanent defence plans are prepared by the Ministry on the basis of an assessment of the security risks posed by the threat of external attacks by the Czech Republic, with the impact on the threat to its sovereignty, territorial integrity, principles of democracy and the rule of law and the lives of the people and their property.
(2) Preliminary operational plans shall establish a strategy to eliminate potential future security threats and procedures for the use of forces and means to achieve its objectives.
(3) The Permanent Defence Plans shall establish operational procedures for the performance of the tasks of the armed forces and for the security of the needs of the population in a state of threat or in a state of war, taking into account the assessment of the resolution of long-term security risks over a period of peace.
§ 7
List of measures and catalogue of measures
(1) The list of measures provides for measures by which the State's defence system can respond to risks arising from foreseeable or existing threats of external attack by the Czech Republic.
(2) The list of measures is prepared by the Ministry and submitted to the Government for approval. The list of measures is updated following changes in the North Atlantic Treaty Crisis Management System, without undue delay after the changes have entered into force for the Czech Republic.
(3) The catalogue of measures contains a description of the activities planned to ensure the defence of the Czech Republic and processed by means of catalogue sheets, for:
(a) a period of peace;
(b) the state of danger; or
(c) the state of war.
(4) The cataloguing lists are processed by ministries, other central administrations, the Czech National Bank, the Regional Authorities and the municipal authorities with extended scope (hereinafter referred to as the processor) following the list of measures. For the processing of catalogue sheets, processors use an electronic form which the Ministry publishes in a way that allows remote access.
§ 8
Plans for preparing citizens to defend the state
(1) Plans for preparing citizens to defend the state
(a) focusing on the preparation of citizens in a period of peace, state or state of war;
(b) forms of educational, educational and awareness-raising activities in the field of the preparation of citizens to defend the state in a period of peace, a state of threat to the state or a state of war; and
(c) the extent of citizens' preparation.
(2) Plans for citizens' preparation for State defence are drawn up by ministries and other central administrations, regional authorities and municipal authorities with extended scope for a period of four years, with successive plans having to follow up.
Defence sub-plans
§ 9
(1) Working plans for defence processors develop tasks from the State defence plans into the terms of their field of competence.
(2) The defence sub-plan contains:
(a) a plan of the processor's activities in ensuring the State's defence during a period of peace, state of danger and war;
(b) the plan of the corresponding forces and resources and the plan of supplementing the corresponding forces and resources for the performance of the processor's tasks in the State's defence section;
(c) catalogue sheets for the implementation of national crisis response system measures for State defence management in the field of processor;
(d) the plan necessary for delivery (1);
(e) an overview of major, backup, protected and unprotected crisis centres;
(f) measures to ensure selection and mobilisation;
(g) measures to carry out the tasks of the operational preparation of the national territory based on the operational preparation plan of the national territory;
(h) a plan for preparing citizens to defend the state in the field of the processor's competence; and
(i) an annex which includes in particular the concentration plan and the geographical documents necessary to ensure:
1. preparedness to defend the State in a period of peace; and
2. defending the state in a state of state or war.
(3) The processor shall develop within its scope the tasks of the Central Defence Plan of the State within 1 year from the date of its approval or from the date of approval of its update to its Defence Sub-Plan.
§ 10
The sub-defence plans prepared by ministries, other central administrations and the Czech National Bank include, in addition to the formalities set out in Section 9:
(a) the registration of objects relevant to State defence pursuant to Article 6 (2) (c) of the Act, in which the link data to the operator of the object and the basic identification data on objects are kept to the extent:
1. identification of the owner,
2. a description of the object,
3. description of location of the object,
4. details of the property in the property register,
5. photo documentation of the object and
6. map drawings of the object,
(b) a description of the intended use and method of security of objects relevant to State defence as referred to in (a);
(c) the criteria laid down for the regional authorities to evaluate the objects which may be attacked in a state of threat to the state or to the state of war, processed according to the scope of the processor; and
(d) the planned measures to ensure State defence provided for by the Government's decision pursuant to § 5 (1) (e) of the Act, including the specification of their planned financial security pursuant to § 6 (2) (b) of the Act.
§ 11
The Regional Defence Sub-Plan shall include, in addition to the elements set out in Section 9:
(a) a self-maintained register of objects relevant to the defence of the State located in the territory of the region containing data on the connection to the operator of the object and basic identification data on objects within the scope of:
1. identification of the owner,
2. a description of the object,
3. description of location of the object,
4. details of the property in the property register,
5. photo documentation of the object and
6. map drawings of the object,
(b) a self-maintained register of objects located in the territory of the region which, in a state of threat to the State or to the state of war, may be attacked, containing data on the connection to the operator of the object and basic identification of objects within the scope of:
1. identification of the owner,
2. a description of the object,
3. description of location of the object,
4. details of the property in the property register,
5. photo documentation of the object and
6. map drawings of the object,
(c) a proposal for a method of protecting the objects referred to in point (b) by the forces and means of the Police of the Czech Republic, the municipal police and natural persons called for the performance of their duties, or by security agencies, as appropriate, or by the forces and means of the owner or user of the premises, unless such persons are members of the armed forces;
(d) measures establishing the necessary conditions for:
1. ensuring the living needs of the population;
2. the functioning of government and government; and
3. the provision of selective additions and mobilization;
(e) the method of coordinating the implementation of the measures referred to in point (d) in the enlarged municipalities;
(f) a plan to ensure the evacuation of the population and to ensure their vital needs;
(g) an overview of the tasks related to the examination of state defence security measures carried out by the Regional Authority under Section 7 (e) of the Act, as decided by the Ministry;
(h) a comprehensive record of the designated means of goods and their owners and of natural persons designated in a state of threat to the State and in a state of war to the obligation of employment or work assistance provided for in Article 7 (f) of the Act, which includes:
1. information on the type, type and quantity of the instrument and address of its operator,
2. the name and, where applicable, the name, surname, date of birth and address of the place of permanent residence, the name or business name, the person's identification number, the address of the owner or operator of the designated means of action, the address for delivery and, where applicable, the e-mail address; and
3. the name, surname, date of birth and address of the place of permanent residence of the natural person designated as a threat to the state or to the state of war to be required for work or assistance, his address for service and, where applicable, e-mail address;
(i) the record of soldiers in reserve proposed to be exempted from extraordinary services3), containing details of these soldiers in the scope of:
1. the name and, where applicable, the name, surname, date of birth and address of the place of permanent residence, the address for service and, where applicable, the e-mail address; and
2. the employment or service title and the employer's name or business name, address of the employer's registered office, e-mail address,
(j) registration by the Regional Office pursuant to Article 7 (i) of the Law of designated health service providers for medical examinations of natural persons called upon to fulfil their duties and work assistance, which includes:
1. the business firm or the name of the health service provider, the address of the registered office and the address for delivery and, where appropriate, the e-mail address;
2. the identification number of the health service provider; and
3. the types, forms and fields of healthcare provided,
(k) an overview of the tasks carried out by the various municipal authorities of the municipality with extended scope in the administrative district of the region in order to ensure State defence;
(l) a description of the envisaged links between synergies and cooperation in the performance of State defence tasks in the administrative district;
(m) a plan of checks by municipal authorities with extended competence in ensuring State defence in the administrative district.
§ 12
In addition to the requirements set out in Section 9, the extended defence plan of the municipality contains:
(a) the registration of objects located in the administrative district of the municipality with extended scope which, in a state of threat to the state or to the state of war, may be contested, containing data on the connection to the operator of the object and basic identification of objects within the scope of:
1. identification of the owner,
2. a description of the object,
3. description of location of the object,
4. details of the property in the property register,
5. photo documentation of the object and
6. map drawings of the object,
(b) a register of appropriate means of action and their owners, containing:
1. species, generic indications, categories and quantities of means in kind;
2. identification details of the owners or operators of the means in kind, to the extent of the name or, where applicable, the name, surname, date of birth and address of the place of permanent residence or, where applicable, the name or business name, person identification number and address of the owner or operator of the means of storage, address for service or e-mail, where applicable;
(c) the registration of natural persons identified as being a threat to the State and in the state of war to the work obligation or assistance provided for in Section 7a (d) of the Act, containing information to the extent:
1. the name and, where applicable, the name, surname, date of birth and address of the place of permanent residence, the address for service and, where applicable, the e-mail address; and
2. the employment or service title and the employer's name or business name, address of the employer's registered office, e-mail address,
(d) the record of soldiers in reserve proposed to be exempted from extraordinary services4), containing details of these soldiers in the scope of:
1. the name and, where applicable, the name, surname, date of birth and address of the place of permanent residence, the address for service and, where applicable, the e-mail address; and
2. the employment or service title and the employer's name or business name, address of the employer's registered office, e-mail address,
(e) a proposal for a method of protecting the objects referred to in point (a) by the forces and means of the Police of the Czech Republic, the municipal police and natural persons called upon to carry out their duties, or, where appropriate, by security agencies, or by the forces and means of the owner or user of the premises, unless such persons are members of the armed forces;
(f) measures establishing the necessary conditions for:
1. ensuring the living needs of the population;
2. the functioning of government and government; and
3. the provision of selective additions and mobilization;
(g) the registration of full powers issued under Section 7a (e) of the Act to ensure the selection and control of appropriate means of action;
(h) the registration of full powers issued under § 7a (e) of the Act to ensure the subsequent control of specified material resources;
(i) a breakdown by type and quantity of the means of material determined per municipality in the administrative district of the municipal office of the municipality with extended scope;
(j) a plan to ensure the evacuation of the population and to ensure their necessary living needs as decided by the Regional Office;
(k) a description of the envisaged links between synergies and cooperation in the performance of State defence tasks in the administrative district of the municipal office of the municipality with extended competence;
(l) a plan for the training of municipal authorities to ensure state defence in the administrative district of the municipal authority of the municipality with extended competence;
(m) a plan of inspection by the municipal authorities in order to ensure the State's defence in the administrative district of the municipality's municipal office with extended competence; and
(n) a list of the defence tasks of the State performed by the municipal authorities in the administrative district of the municipality with extended competence, specifying their description.
§ 13
Documentation for State defence plans
At the request of the Ministry, the processors shall, within a time limit set by the Ministry, submit to the Ministry the documentation for the development of the State's defence plans for their area of competence, in particular:
(a) the formalities for processor crisis plans pursuant to a government decree issued for the implementation of the Crisis Code (4);
(b) an assessment of the risks arising from the foreseeable or existing threats of external assault by the Czech Republic, with an impact on the threat to its sovereignty, territorial integrity, the principles of democracy and the rule of law or the lives of the people and their property;
(c) a proposal for financial security for the implementation of State defence measures;
(d) a proposal for further measures to fulfil the tasks of the operational preparation of the national territory in a period of peace, a state of threat to the state or a state of war;
(e) the requirements for determining the means in kind; and
(f) requirements for the identification of natural persons for work or work assistance in a state of state or state of war.
§ 14
Application of requirements
The Ministry of Defence shall incorporate the documents of the Office of the Chamber of Deputies, the Office of the Senate, the Office of the President of the Republic, the Supreme Audit Office and the Security Information Service concerning their requirements for the identification of material resources and for the identification of persons for work or work assistance in a state of threat to the State or to the state of war to the extent of the tasks assigned to them by other legislation5) and the required documentation of processors pursuant to Section 13.
§ 15
Transitional provisions
(1) The draft central defence plan of the State shall be drawn up by the Ministry and submitted to the Government for approval within 6 months of the date of entry into force of this Regulation.
(2) The Defence Plan of the Czech Republic approved by the Government under Government Decree No. 51 / 2004 Coll., on State Defence Planning, remains in force until the approval of the Central Defence Plan of the State treated in accordance with paragraph 1.
(3) The draft list of measures referred to in Article 7 (1) shall be drawn up by the Ministry and submitted to the Government for approval within 6 months of the date of entry into force of this Regulation.
(4) The list of measures approved by the Government as part of the Defence Plan of the Czech Republic under Government Decree No. 51 / 2004 Coll. shall remain in force until the date of approval of the list of measures processed under paragraph 3.
§ 16
Repeal
Government Decree No. 51 / 2004 Coll., on State Defence Planning, is hereby repealed.

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Regulation Information

CitationGovernment Regulation No. 139 / 2017 Coll., on State Defence Planning
Regulation Type-
Author-
CollectionCode of Laws
Date of Promulgation12.05.2017
Effective from01.07.2017
Effective until-
Status Valid
The regulation text is for informational purposes only.
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