Act No. 149 / 2016 Coll.
Act amending Act No. 47 / 2002 Coll., on the Support of Small and Medium Enterprises and amending Act No. 2 / 1969 Coll., on the Establishment of Ministries and other Central Authorities of the Czech Republic, as amended, as amended
Valid
Law
Effective from 01.06.2016
Text versions:
01.06.2016
17.05.2016
149
THE LAW
of 20 April 2016
amending Act No. 47 / 2002 Coll., on the Promotion of Small and Medium Enterprises and amending Act No. 2 / 1969 Coll., on the Establishment of Ministries and other Central Authorities of the Government of the Czech Republic, as amended, as amended
Parliament has decided on this law of the Czech Republic:
Act No. 47 / 2002 Coll., on the promotion of small and medium-sized enterprises and amending Act No. 2 / 1969 Coll., on the establishment of ministries and other central government bodies of the Czech Republic, as amended, as amended, as amended by Act No. 1 / 2004 Coll. and Act No. 690 / 2004 Coll., is amended as follows:
1. In Article 4, paragraph 2 (b), the words "services or services at a discounted price 'shall be inserted after the words" subsidies'.
2. Paragraph 4a is deleted.
3. The following Section 4b is inserted after Section 4a, including footnote 6:
(1) A state contribution organisation of the Agency for Enterprise and Innovation, based in Prague, is hereby established.
(2) The Agency for Entrepreneurship and Innovation carries out the activities of an intermediate body to provide support to entrepreneurs from European Union funds under the directly applicable European Union Regulation (6).
(3) The Director-General is Head of the Enterprise and Innovation Agency; the provisions of the Civil Service Act on the selection, appointment and removal of the Head of Staff in another administrative office shall apply mutatis mutandis.
(4) The Civil Service Act shall apply to employees of the Agency for Enterprise and Innovation who carry out the activities referred to in Section 5 (1) of the Civil Service Act.
(5) The Agency for Entrepreneurship and Innovation is considered a service office. The Director-General shall be regarded as Head of the Office and the Staff Authority.
(6) The Ministry is the Chief Staff Office of the Agency for Enterprise and Innovation.
6) For example, 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, Regulation (EU) No 1301 / 2013 of the European Parliament and of the Council of 17 December 2013 on the European Regional Development Fund, on specific provisions relating to the Investment for growth and employment objective and repealing Regulation (EC) No 1080 / 2006. '
4. In Paragraph 5 (2) (a), the words "Ministry, Agency, Czech Trade Promotion Agency and Design Centre of the Czech Republic, established by the Ministry," are replaced by the words "Ministry, Czech Business Support Agency CzechTrade, established by the Ministry, Enterprise and Innovation Agency and the Agency."
Transitional provisions
1. The competence to manage the assets of the State required to provide support to entrepreneurs from European Union funds, which has been carried out so far by the state contribution organisation CzechInvest, as well as other rights and obligations of that agency, shall pass from the State contribution organisation CzechInvest to the state contribution organisation Enterprise and Innovation Agency.
2. The rights and obligations arising from the employment relationships of employees employed in the state contribution organisation CzechInvest, which provided activities related to the provision of support to entrepreneurs from European Union funds, shall be transferred from the state contribution organisation CzechInvest to the state contribution organisation Enterprise and Innovation Agency. The activities of employees whose rights and obligations are transferred, according to the sentence of the first date of entry into force of this Act, from the State Contribution Agency for Enterprise and Investment CzechInvest to the State Contribution Organization of the Agency for Enterprise and Innovation and who have carried out activities pursuant to § 5 (1) of Act No. 234 / 2014 Coll., on a State Service, or activities similar thereto, shall be considered to have been carried out in an administrative office.
3. The national contribution organisation Agency for Enterprise and Innovation shall be set up with effect from the date of entry into force of this Act.
4. On the date of entry into force of this Act, the Minister for Industry and Trade shall appoint the First Director-General of the State Contribution Organization of the Agency for Enterprise and Innovation. The Director-General thus appointed shall be regarded as Head of Staff in accordance with Section 14 of Act No. 234 / 2014 Coll., on Civil Service, in an indefinite service relationship; may carry out civil service at the post of Head of Staff, but not until that post has been filled in accordance with Act No. 234 / 2014 Coll., on Civil Service.
5. The heads of staff at the various stages of the management of the State Contributory Agency for Enterprise and Innovation shall be considered to be civil servants in service for an indefinite period and represented in accordance with Section 9 of Act No. 234 / 2014 Coll., on Civil Service; may carry out a public service at the official post of the Head, but not until the post is filled in in accordance with Act No. 234 / 2014 Coll., on Civil Service. A senior staff member who, on the date of entry into force of this Act, works as a senior member of the 1st degree of management shall be deemed to be a senior member of the service of the Head of Unit, a senior member of staff who, on the date of entry into force of this Act, works as a senior member of the 2nd degree of management, shall be deemed to be a director of the section at the date of entry into force of this Act.
6. The Director-General of the State Contribution Agency for Enterprise and Innovation shall, within 60 days of the date of entry into force of this Act, lodge a service promise before the Secretary-General of the Ministry of Industry and Trade and other presentations of the State Contribution Agency for Enterprise and Innovation shall take a service commitment within 60 days of the date of entry into force of this Act before the Director-General of the State Contribution Agency for Enterprise and Innovation; If they do not take the oath within a period of time, if they refuse to lodge it or make it subject to reservation, they shall cease to be in service.
7. If the Director-General of the State Contributory Organisation is the Agency for Enterprise and Innovation or is represented by a person pursuant to § 33 (1) or (2) of Act No. 234 / 2014 Coll., on the Civil Service, he shall without delay conduct legal acts to remove the Obstacle under § 33 (1) or (2) of Act No. 234 / 2014 Coll., on the Civil Service; If they do not do so, the procedure laid down in § 33 (4) of Act No. 234 / 2014 Coll., on the Civil Service.
8. State Secretary of the Ministry of Industry and Trade shall, within 6 months of the date of entry into force of this Act, issue a tender for the post of Director General of the State Contribution Agency for Enterprise and Innovation; the selection procedure shall be completed by 31 December 2016. The selection procedure may be attended by a civil servant who has served for at least 3 years in an administrative office, a local authority, an institution of the European Union or an international organisation of activities under Section 5 (1) of Act No. 234 / 2014 Coll., on Civil Service, or similar activities. Paragraph 51 (4) of Act No. 234 / 2014 Coll., on Civil Service, applies mutatis mutandis.
9. The Director-General of the State Contribution Agency for Enterprise and Innovation shall, within 6 months of the date of entry into force of this Act, issue a tender for the post of Director of the Section in the State Contribution Agency for Enterprise and Innovation; This selection procedure shall normally be completed by 31 December 2016. The Director-General of the State Contributory Organisation of the Agency for Enterprise and Innovation shall issue a selection procedure at the latest 12 months after the date of entry into force of this Act to the post of Director of the Department and Head of the Department; This selection procedure shall normally be completed by 31 December 2017. Civil servants may apply for an indefinite period of service who perform the public service at a public service post in the same field of public service in which the post of superior is to be filled; Paragraph 51 (4) of Act No. 234 / 2014 Coll., on Civil Service, applies mutatis mutandis.
10. For the transition of employees of the State Contribution Agency for Enterprise and Innovation to the Service under Act No. 234 / 2014 Coll., on the Civil Service, Sections 190 to 198 of Act No. 234 / 2014 Coll., on the Civil Service, mutatis mutandis, the time limits set there shall be calculated instead of 1 July 2015 from the date of entry into force of that Act.
Efficacy
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. 149 / 2016 Coll., amending Act No. 47 / 2002 Coll., on the Support of Small and Medium Enterprises and amending Act No. 2 / 1969 Coll., on the Establishment of Ministries and other Central Authorities of the Czech Republic, as amended, as amended |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 17.05.2016 |
|---|---|
| Effective from | 01.06.2016 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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