Act No. 154 / 2009 Coll.
Act amending Act No. 248 / 2000 Coll., on Support for Regional Development, as amended, Act No. 218 / 2000 Coll., on Budgetary Rules and on the Amendment to Certain Related Laws (Budgetary Rules), as amended, and Act No. 89 / 1995 Coll., on State Statistical Service, as amended
Valid
Law
Effective from 04.06.2009
Text versions:
04.06.2009
154
THE LAW
of 7 May 2009
amending Act No. 248 / 2000 Coll., on the promotion of regional development, as amended, Act No. 218 / 2000 Coll., on budgetary rules and amending certain related laws (budgetary rules), as amended, and Act No. 89 / 1995 Coll., on the State Statistical Service, as amended
Parliament has decided on this law of the Czech Republic:
Amendment of the Regional Development Support Act
In Act No. 248 / 2000 Coll., on the Promotion of Regional Development, as amended by Act No. 320 / 2002 Coll., Act No. 109 / 2006 Coll., Act No. 138 / 2006 Coll., Act No. 186 / 2006 Coll. and Act No. 66 / 2007 Coll., the fifth part, including the title and footnotes No 7, 7a, 7b, 7c, 7d and 7e, is inserted after Part Four:
EUROPEAN TERRITORIAL COOPERATION ARRANGEMENTS
(1) This section regulates, following the directly applicable Regulation of the European Parliament and of the Council on a European grouping of territorial cooperation (7) (hereinafter referred to as the "European Grouping Regulation '), the procedure for approving participation in a European grouping of territorial cooperation (hereinafter referred to as the" groupings'), the establishment and registration of groupings based in the Czech Republic and other related relations.
(2) Under this law, a grouping involving a member with limited liability under Article 12 (2) of the European Grouping Regulation cannot be established.
(3) The name of the grouping located in the Czech Republic must include the designation "European grouping of territorial cooperation 'or the abbreviation" ESUS'.
Approval of a member's participation in the group
(1) Any future member of a group, if it is a legal entity established or established under the legislation of the Czech Republic, shall submit an application for approval of its participation in a group located in the Czech Republic or in the territory of another Member State of the European Union to the Ministry. The application shall be accompanied by supporting documents for the approval procedure in accordance with Article 4 (2) (b) of the European Grouping Regulation.
(2) The Ministry shall reject an application for approval of a participation in a grouping if it finds the reasons referred to in Article 4 (3) of the European Grouping Regulation.
(3) A member of a group approved by the Ministry to participate in a group established in the Czech Republic but which has not yet been registered, or a member of a group approved to participate in a group established in the territory of another Member State of the European Union, is required to notify the Ministry in writing of a planned amendment to the Convention or a substantial amendment to the Statutes pursuant to Article 4 (6) of the European Grouping Regulation and request its approval.
Group registration
(1) The grouping based in the Czech Republic is a legal person and arises from the date of registration in the register of the grouping (hereinafter referred to as the "register") maintained by the Ministry.
(2) The application for registration in the register (hereinafter referred to as "registration") is entitled to be made to the Ministry by a person authorised by the future members of the groupings. The application shall include officially certified copies of the approved Convention and Statutes referred to in Article 8 and 9 of the European Grouping Regulation, the names, names, surnames and addresses of the Director of the Grouping, the address for service or electronic addresses (7a) for service and documents containing the consent of States granted to all potential future members of the Grouping established under the legislation of the country of their registered office.
(3) The Ministry of Registration shall refuse registration if it has not approved the participation in the group to a member established or established under Czech legislation.
(4) The Ministry will register
(a) the name and registered office of the grouping;
(b) the period on which the grouping is based;
(c) the purpose of the formation and tasks of the grouping;
(d) the list of members under the Convention;
(e) the name and, where appropriate, the name, surname and address of the Director of the Group; and
(f) the address for service or the electronic address for service.
(5) The Ministry shall register the statutes adopted by the group pursuant to Article 9 (1) of the European Grouping Regulation. The facts recorded in the register and the full text of the Convention and the Statutes shall be published by the Ministry in a manner which allows remote access.
(6) A grouping based in the Czech Republic is required to notify the Ministry of the planned change of registered facts pursuant to Article 4 (6) of the European Grouping Regulation before its adoption by the authorities of the grouping and to request its approval. The Ministry shall reject the application for approval of the amendment if it finds the reasons referred to in Article 4 (3) of the European Grouping Regulation. Otherwise, it shall notify the group that it may accept the change.
(7) A change to the recorded facts referred to in paragraph 4 or to those listed in the Statutes and Conventions shall be notified by the grouping to the Ministry within 7 working days of the date on which the change occurred and registered by the Ministry. The grouping shall send to the Ministry, as part of the notification referred to in the first sentence, the amended full text of the Convention and the Statutes and the Ministry shall publish them in accordance with paragraph 5.
Repeal and termination of the grouping
(1) If the Ministry finds that the activities of the grouping comply with the facts referred to in Article 14 of the European Grouping Regulation, it shall immediately draw the attention of the grouping and invite it to refrain from such activities. If the group continues to do so, the Ministry shall abolish them and the group shall enter into liquidation.
(2) The grouping shall cease to exist on the date of the deletion from the register, which the Ministry shall implement on a proposal from the liquidator after the end of the liquidation.
Participation of the State and local authorities in the group
(1) The Czech Republic can only become a member of the group with the prior approval of the Government of the Czech Republic. The proposal for consent shall be submitted to the Government by its member whose competence relates in substance to the specific objective and tasks of the grouping defined by the Convention.
(2) The provisions of other legislation7b) governing cooperation with territorial authorities of other States shall not apply to the participation of territorial authorities in the grouping.
Accounting and financial statements
(1) The grouping shall be an entity and shall keep accounts according to special legal provisions (7c).
(2) The grouping shall ensure that the accounts of the auditors are audited (7d).
Annual report
(1) The grouping shall draw up an annual report for each calendar year of its activity and forward it to the Ministry by 15 July of the following year at the latest. The Ministry shall publish the annual report in a way that allows remote access.
(2) The annual report contains:
(a) an overview of the activities carried out in the calendar year, specifying their relation to the objectives and tasks of the grouping referred to in the Convention;
(b) the accounts and the assessment of the basic data contained therein;
(c) changes in the composition of the group bodies which took place during the year; and
(d) the audit opinion on the accounts.
(3) If the Ministry does not receive an annual report from the group within the time limit referred to in paragraph 1, it shall invite the group to do so within an additional time limit set. After its futile expiry, the Ministry shall proceed in accordance with Article 13 of the European Grouping Regulation. Similarly, the Ministry shall act where it is justified to do so by the information on the group's activities as set out in the annual report.
Control of the management of public funds
In order to determine the scope of the body controlling the management of public funds for the group referred to in Article 6 (1) of the European Grouping Regulation, the Financial Controller Act (7e) shall apply.
7) Regulation (EC) No 1082 / 2006 of the European Parliament and of the Council of 5 July 2006 on a European grouping of territorial cooperation (EGTC).
7a) Act No. 227 / 2000 Coll., on electronic signature and amending certain other laws (Act on electronic signature), as amended.
7b) § 55 of Act No. 128 / 2000 Coll., on Municipality (municipal establishment), as amended by Act No. 313 / 2002 Coll. § 28 of Act No. 129 / 2000 Coll., as amended by Act No. 231 / 2002 Coll. § 27 of Act No. 131 / 2000 Coll., as amended by Act No. 145 / 2001 Coll.
7c) Act No. 563 / 1991 Coll., on Accounting, as amended.
7d) Act No. 93 / 2009 Coll., on Auditors and on the amendment of certain laws (Act on Auditors).
7e) Act No. 320 / 2001 Coll., on Financial Control in Public Administration and on the amendment of certain laws (Financial Control Act), as amended. '.
The fifth part shall be renumbered as the sixth part.
Amendment of the budgetary rules law
In Article 7 of Act No. 218 / 2000 Coll., on the Budget Rules and on the Amendment of Certain Related Laws (Budget Rules), as amended by Act No. 141 / 2001 Coll., Act No. 450 / 2001 Coll., Act No. 479 / 2003 Coll., Act No. 436 / 2004 Coll., Act No. 482 / 2004 Coll., Act No. 112 / 2006 Coll., Act No. 138 / 2006 Coll., Act No. 267 / 2006 Coll., Act No. 174 / 2007 Coll., and Act No. 26 / 2008 Coll., the dot is replaced by a comma at the end of paragraph 1 and the letter from is added:
"(z) grants and repayable financial assistance by the European grouping of territorial cooperation (11a)."
Amendment of the State Statistical Service Act
In Section 22 of Act No. 89 / 1995 Coll., on the State Statistical Service, as amended by Act No. 356 / 1999 Coll., Act No. 411 / 2000 Coll., Act No. 562 / 2004 Coll., Act No. 342 / 2005 Coll. and Act No. 245 / 2006 Coll., in paragraph 1, after point (f), the following point (g) is inserted:
"(g) European grouping of territorial cooperation established under a specific legislation 12d) Ministry of Local Development,
12d) Act No. 248 / 2000 Coll., on the Promotion of Regional Development, as amended. '
Point (g) shall be renumbered as point (h).
EFFECTIVE
This Act shall take effect on the day of its publication.
Wolf
Klaus v. r.
Fischer v. r.
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Regulation Information
| Citation | Act No. 154 / 2009 Coll., amending Act No. 248 / 2000 Coll., on the Promotion of Regional Development, as amended, Act No. 218 / 2000 Coll., on the Budgetary Rules and on the Amendment to Certain Related Acts (Budgetary Rules), as amended, and Act No. 89 / 1995 Coll., on the State Statistical Service, as amended |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 04.06.2009 |
|---|---|
| Effective from | 04.06.2009 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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