Act No. 171 / 2012 Coll.
Act amending Act No. 218 / 2000 Coll., on budgetary rules and amending certain related laws (budgetary rules), as amended, and Act No. 250 / 2000 Coll., on budgetary rules of territorial budgets, as amended
Valid
Effective from 01.08.2012
171
THE LAW
of 26 April 2012
amending Act No. 218 / 2000 Coll., on budgetary rules and amending certain related laws (budgetary rules), as amended, and Act No. 250 / 2000 Coll., on budgetary rules of the territorial budgets, as amended
Parliament has decided on this law of the Czech Republic:
Amendment of the budgetary rules
Act No. 20 / 2009, Act No. 17 / 2011, Act No. 15 / 2011, Act No. 15 / 2011, Act No. 15 / 2011, Act No. 15 / 2011, Act No. 15 / 2011, Act No. 15 / 2011, Act No. 15 / 2011, Act No. 15 / 2011, Act No. 15 / 2011, Act No. 20 / 2011, Act No. 15 / 2011, Act No. 15 / 2011, Act No. 15 / 2011, Act No. 15 / 2011, Act No. 15 / 2011, Act No. 20 / 2011, Act No. 15 / 2011, Act No. 15 / 2011, Act No. 15 / 2011, Act No. 15 / 2011 / 2011, Act No. 15 / 2011 / 2011, Act No. 15 / 2011, Act No. 15 / 2011, Act No. 15 / 2011, Act No. 15 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 15, Act No. 20 / 2011, Act, Act, Act No. 15 / 2011, Act No. 20 / 2011, Act No. 15, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 15, Act No.
1. In Paragraph 14, the following paragraph 3 is inserted after paragraph 2:
"(3) The grant or repayable financial assistance shall be decided by the provider at the request of the beneficiary. The application for a subsidy or repayable financial assistance shall include:
(a) the particulars referred to in paragraph 4 (a) and (b);
(b) the amount requested;
(c) the purpose for which the applicant wishes to apply the subsidy or the financial assistance to be recovered;
(d) the period within which that purpose is to be achieved; and
(e) if the applicant is a legal person, identification information
1. persons acting on its behalf, indicating whether they act as its statutory body or acting on the basis of a power of attorney,
2. persons participating in the legal person,
3. the persons in whom he has a stake and the amount of that interest;
4. persons who are with an applicant for a subsidy in a business relationship and benefit from his business or other gainful activity, which is different from that which would be obtained between independent persons in normal business relationships under the same or similar conditions. ';
Paragraphs 3 to 13 shall be renumbered paragraphs 4 to 14.
2. In Section 14 (4) of the introductory part of the provision, the first sentence is deleted.
3. in Article 14 (4) (a), the words "or names," shall be inserted after the words "if any," and the words "where assigned," shall be inserted after the words "where appropriate."
4. In Paragraph 14 (5) to (7), "3 'is replaced by" 4'.
5. In Paragraph 14 (10), "6 'is replaced by" 7' and "paragraph 8 'is replaced by" paragraph 9'.
6. In Part One, Title III, heading 5 reads: "Provision and publication of information on subsidies and repayable financial assistance '.
7. The following Section 18a is inserted after Section 18, including footnotes 36 to 40:
(1) The provider shall transmit to the Ministry all documents and data, with the exceptions referred to in paragraph 2, which are relevant for the granting of subsidies and repayable financial assistance and which are governed by the decision-making process, regardless of the persons who are their authors. The provider shall ensure the completeness of documents and data intended for publication, as well as the exclusion of documents and data referred to in paragraph 2, and transmit them to the Ministry in electronic form in a format to be specified by the Ministry by a communication in the Financial Rapporteur. The Ministry publishes them on its website.
(2) The publication referred to in paragraph 1 shall exclude:
(a) documents and data relating to subsidies provided as support for research, experimental development and innovation under the Law governing the promotion of research, experimental development and innovation36),
(b) documents and particulars the publication of which would infringe the right of their author to decide on their publication or the right to use the works of the author (37);
(c) the documents and particulars provided for directly by the European Union38,
(d) classified information39),
(e) sensitive data 40),
(f) documents and data relating to the grant of subsidies to natural persons and organisations in countries with an undemocratic form of government.
(3) Where the provider, when deciding on subsidies and repayable financial assistance, is based on oral data from the originator, it shall ensure that they are recorded in such a way that they can be published on the website.
(4) Documents and data are published in such a way as to make it clear who they have been submitted to and in what context. The provider shall forward the information to the Ministry. Recurrent documents and data may not be published, but it is sufficient to make a reference to them. This also applies to documents and data published on the website by someone other than the provider.
(5) The documents and data referred to in paragraph 1 shall be transmitted by the provider to the Ministry without undue delay after they have been produced or received. The Ministry shall publish them without undue delay upon receipt. If the deadline for receiving certain subsidies is set, the Ministry shall publish the requests for subsidies not later than the day following the end of the deadline and not later than the 10th day after the end of the deadline. The provider shall provide the Ministry with the necessary information. The Ministry does not verify the accuracy or completeness of documents and data taken from the provider for publication.
(6) The publication of documents and data relating to the grant of subsidies and repayable financial assistance on the website lasts for a period of at least 10 years, regardless of the facts which occurred after their publication.
36) Article 4 of Act No. 130 / 2002 Coll., on the promotion of research, experimental development and innovation from public funds and on the amendment of certain related laws (Act on the promotion of research, experimental development and innovation), as amended by Act No. 110 / 2009 Coll.
37) Articles 11 (1) and 12 of Act No. 121 / 2000 Coll., on copyright law, on copyright law and on the amendment of certain laws (Copyright Act), as amended by Act No. 216 / 2006 Coll.
38) Article 37 of Commission Regulation (EC) No 1828 / 2006 laying down detailed rules for the application of Council Regulation (EC) No 1083 / 2006 laying down general provisions on the European Regional Development Fund, the European Social Fund and the Cohesion Fund and Regulation (EC) No 1080 / 2006 of the European Parliament and of the Council on the European Regional Development Fund.
39) Sections 2 (a) and 21 (1) of Act No. 412 / 2005 Coll., on the protection of classified information and on security competence. Government Regulation No. 522 / 2005 Coll., establishing a list of classified information, as amended by Government Regulation No. 240 / 2008 Coll.
40) § 4 (b) of Act No. 101 / 2000 Coll., on the Protection of Personal Data and on the Amendment of Certain Acts, as amended by Act No. 177 / 2001 Coll., Act No. 439 / 2004 Coll. and Act No. 170 / 2007 Coll. '.
8. In Article 36 (5), "3 to 5 and 10 'is replaced by" 4 to 6 and 11';
9. In Paragraph 44 (6), "3 'is replaced by" 4';
10. in Paragraph 44a (4) (a), "5" is replaced by "6."
11. in Paragraph 44a (4) (b), "6" is replaced by "7."
12. in Article 44a (6), "3" is replaced by "4."
Transitional provision
Under Article 18a of Act No. 218 / 2000 Coll., as effective from the date of entry into force of this Act, the provider does not advance if he has reached out to him requests for subsidies or repayable financial assistance before that date or if, if the grants or repayable financial assistance provided without a request, he has taken action before that date to provide them.
Amendment of the Act on the budgetary rules of the territorial budgets
In Article 28 (10) of Act No. 250 / 2000 Coll., on the budgetary rules of the territorial budgets, as amended by Act No. 465 / 2011 Coll., the word "a 'is replaced by the word" to'.
EFFECTIVE
That law shall take effect on the first day of the third calendar month following its publication.
Germany
Klaus v. r.
Nausea v. r.
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Regulation Information
| Citation | Act No. 171 / 2012 Coll., amending Act No. 218 / 2000 Coll., on budgetary rules and amending certain related laws (budgetary rules), as amended, and Act No. 250 / 2000 Coll., on budgetary rules of territorial budgets, as amended |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 30.05.2012 |
|---|---|
| Effective from | 01.08.2012 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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