Act No. 151 / 2010 Coll.
Act on Foreign Development Cooperation and Humanitarian Aid to be provided abroad and amending related laws
Valid
Effective from 01.07.2010
151
THE LAW
of 21 April 2010
on foreign development cooperation and humanitarian aid granted abroad and amending related laws
Parliament has decided on this law of the Czech Republic:
FOREIGN DEVELOPMENT COOPERATION AND HUMANITARIAN AID GRANTED TO FOREIGN
BASIC PROVISIONS
Subject matter
This law lays down the conditions for the implementation of foreign development cooperation and the provision of humanitarian aid abroad paid from the state budget and the competence of the public authorities and the Czech Development Agency in this area.
Definition of terms
This law means:
(a) by foreign development cooperation, a summary of the actions financed by the State budget to contribute to the eradication of poverty in the context of sustainable development, including the achievement of the Millennium Development Goals (1), economic and social development, environmental protection, and the promotion of democracy, respect for human rights and good governance in developing countries;
(b) humanitarian aid granted abroad, a summary of the activities covered by the State budget aimed at preventing loss of life and harm to health, mitigating suffering and restoring the basic living conditions of people following emergencies, as well as mitigating the long-term consequences of emergencies and preventing them and the negative consequences thereof.
Implementation of foreign development cooperation
Foreign development cooperation shall be implemented in a manner that meets the objectives set, in particular through the implementation of development programmes and projects, the transmission of experts, the provision of government scholarships to study at universities in the Czech Republic, donations abroad, financial contributions to foreign institutions, international organisations and integration groups, and the provision of subsidised loans and loans.
Provision of humanitarian aid
Humanitarian aid abroad shall be provided in a manner that effectively meets its objectives, in particular by providing the necessary assets in the form of a gift to the affected area ("material assistance '), by involving in rescue operations in the broadcasting of rescue workers or experts with the necessary equipment under the Integrated Rescue System Act (" Rescue Assistance'), by means of donations abroad, contributions to international organisations and integration groups and humanitarian aid projects.
Rules on the management of external development cooperation and humanitarian aid
(1) Expenditure on foreign development cooperation and humanitarian aid under Sections 3 and 4 shall be considered as additional expenditure under the Budget Rules Act (2).
(2) The provisions of the budget rules on programmes shall not apply to grants and repayable financial assistance provided under this Act, except for the provisions of the budget rules on the registration of non-investment grant actions, which shall apply to the recording of data on subsidies granted and repayable financial assistance.
(3) The Government shall determine the limit to which its consent to the grant of a donation shall not be required in accordance with Articles 3 and 4.
SCOPE OF FOREIGN DEVELOPMENT COOPERATION AND HUMANITARIAN AID
State authorities shall, within their competence, undertake foreign development cooperation in accordance with the concept and principles approved by the Government.
Ministry of Foreign Affairs
(1) The Ministry of Foreign Affairs in the field of Foreign Development Cooperation in particular
(a) submit to the Government the draft concept and principles of foreign development cooperation and its evaluation;
(b) prepare an annual plan for foreign development cooperation and submit it to the Government for approval;
(c) decide to grant donations abroad up to the limit set by the Government;
(d) provide financial contributions to foreign institutions in accordance with the principles of foreign development cooperation;
(e) coordinate the activities of other government bodies which, within the framework of their responsibility, carry out foreign development cooperation;
(f) in accordance with European Union law, supports the Czech actors seeking to participate in the implementation of projects in the framework of the development cooperation of other donors;
(g) ensure evaluation of foreign development cooperation and humanitarian aid projects.
(2) The Ministry of Foreign Affairs provides humanitarian aid to countries outside the European Union and the European Economic Area and decides on its scope and form. When deciding on the provision of material and rescue assistance, he proceeds in cooperation with the Ministry of the Interior.
(3) The Ministry of Foreign Affairs in the field of foreign development cooperation and the provision of humanitarian aid abroad cooperates with the institutions of the European Union, including ensuring the exchange of information with the Commission of the European Community4).
Czech Development Agency
(1) The Czech Development Agency is hereby established as an organisational component of the State, which performs tasks in the field of foreign development cooperation and humanitarian aid provided abroad.
(2) The function of the founder of the Czech Development Agency is performed by the Ministry of Foreign Affairs, from whose budget chapter the activities of the Czech Development Agency are covered.
(3) The Czech Development Agency is an entity.
(4) Czech Development Agency
(a) ensure the implementation of foreign development cooperation in accordance with the foreign development cooperation plan;
b) ensure the implementation of humanitarian aid projects, as required by the Ministry of Foreign Affairs;
(c) grants to entities in the Czech Republic in accordance with the foreign development cooperation plan; other subsidies may be granted only with the consent of the Ministry of Foreign Affairs.
Ministry of Interior
The Ministry of the Interior shall provide humanitarian assistance to the Member States of the European Union and other States forming the European Economic Area and shall decide on its scope and form. It shall inform the Ministry of Foreign Affairs of the granting of humanitarian aid.
Management of material State reserves
The management of the state tangible reserves, as required by the Ministry of Foreign Affairs or the Ministry of Interior, creates supplies for humanitarian aid abroad. The national reserves thus created shall be classified as contingency stocks.
COMMON AND TRANSITIONAL PROVISIONS
(1) Organisational units of the State which are accounting units and which, under other legislation, manage State property (5), are entitled to provide such property for humanitarian aid purposes abroad on the basis of a request from the Ministry of Foreign Affairs pursuant to § 7 (2) or the Ministry of Interior pursuant to § 9.
(2) The Ministry of the Interior is entitled to insure property shipped abroad for humanitarian aid in case of damage or loss of transport.
(3) The acquisition and disposal of property for humanitarian aid abroad is not covered by the Law on the property of the Czech Republic and its presence in legal relations (6).
(1) The Czech Development Agency, established by the measures of the Ministry of Foreign Affairs on 1 January 2008, is hereby repealed.
(2) On the date of the entry into force of this Act, the exercise of rights and obligations, including rights and obligations from employment relations, is transferred from the Czech Development Agency, established by the Ministry of Foreign Affairs on 1 January 2008, to the Czech Development Agency established by this Act.
(3) The competence to manage property owned by the Czech Republic, with which the Czech Development Agency is responsible on the date of the entry into force of this Act, passes to the Czech Development Agency established by this Act.
Amendment of the Integrated Rescue System Act
Act No. 239 / 2000 Coll., on the Integrated Rescue System and amending certain laws, as amended by Act No. 320 / 2002 Coll., Act No. 20 / 2004 Coll., Act No. 186 / 2006 Coll., Act No. 267 / 2006 Coll. and Act No. 306 / 2008 Coll., are amended as follows:
1. In Article 7 (2), point (j) is deleted.
Point (k) shall be renumbered as point (j).
2. In Article 7, the following paragraph 4 is inserted after paragraph 3:
"(4) Ministry of Interior
(a) organise rescue and material assistance abroad in cooperation with the Ministry of Foreign Affairs, the components of the integrated rescue system or central administration;
(b) ensure on an ongoing basis, in accordance with the international treaties by which the Czech Republic is bound, the function of a contact point for the request for humanitarian aid abroad affected by a State or an international organisation; this is without prejudice to the possibility of applying for humanitarian aid abroad through diplomatic channels, or notification of a serious incident abroad which may also endanger the territory of the Czech Republic,
(c) inform the relevant international organisations of the powers and means of the Czech Republic intended to provide humanitarian aid abroad. "
Paragraphs 4 to 7 shall be renumbered paragraphs 5 to 8.
3. In Article 7 (5), "paragraphs 2 and 3 'are replaced by" paragraphs 2 to 4'.
Amendment of the Law on the Scope of the Administration of State Material Reserves
In Article 4 of Act No. 97 / 1993 Coll., on the Jurisdiction of the Administration of State Material Reserves, as amended by Act No. 241 / 2000 Coll., the words "and for material humanitarian aid provided to abroad 2d 'are added at the end of the text of paragraph 4.
footnote 2d:
"(2d) Act No. 151 / 2010 Coll., on Foreign Development Cooperation and Humanitarian Aid Abroad and on the Amendment of Related Laws."
EFFECTIVE
This Act shall take effect on the first day of the second month following its publication.
Wolf
Klaus v. r.
Fischer v. r.
1) Joint Declaration by the Council and the Representatives of the Governments of the Member States meeting within the Council, the European Parliament and the Commission on the European Union's Development Policy: "European Consensus" (2006 / C 46 / 01).
2) Paragraph 7 (1) (v) of Act No. 218 / 2000 Coll., on budgetary rules and amending certain related laws (budgetary rules), as amended.
4) For example, Regulation (EC) No 1905 / 2006 of the European Parliament and of the Council of 18 December 2006 establishing a financing instrument for development cooperation, Council Regulation (EC) No 1257 / 96 of 20 June 1996 on humanitarian aid.
5) For example, Act No. 97 / 1993 Coll., on the jurisdiction of the Administration of State tangible reserves, as amended, Act No. 219 / 2000 Coll., on the assets of the Czech Republic and its presentation in legal relations, as amended.
6) Act No. 219 / 2000 Coll., on the property of the Czech Republic and its presentation in legal relations, as amended.
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Regulation Information
| Citation | Act No. 151 / 2010 Coll., on Foreign Development Cooperation and Humanitarian Aid Abroad and on Change of Related Laws |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 21.05.2010 |
|---|---|
| Effective from | 01.07.2010 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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