Act No 178 / 2019 Coll.
Act amending Act No. 115 / 2001 Coll., on the Promotion of Sport, as amended, and certain other laws
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Law
Effective from 31.07.2019
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178
THE LAW
of 18 June 2019
amending Act No. 115 / 2001 Coll., on the Promotion of Sport, as amended, and certain other laws
Parliament has decided on this law of the Czech Republic:
Amendment to the Sport Support Act
Act No. 115 / 2001 Coll., on the promotion of sport, as amended by Act No. 219 / 2005 Coll., Act No. 186 / 2006 Coll., Act No. 274 / 2008 Coll., Act No. 183 / 2010 Coll., Act No. 375 / 2011 Coll., Act No. 230 / 2016 Coll. and Act No. 183 / 2017 Coll., is amended as follows:
1.
Subject matter
This law defines the position of sport in society as a public service activity provided for in the social interest and sets out the tasks of ministries, other administrative offices and the competence of local authorities in promoting sport. '
Article 2 (1a), including the title, reads:
Priorities in the field of sport
(1) The main importance of promoting sport and tourism is to improve the quality of life of citizens and their health in all age groups.
(2) The main priorities in the field of sport are the promotion of sport of children and youth and their coaches and the promotion of sports representatives of the Czech Republic. "
3. Sections 3 and 3a, including the headings, read:
National Sports Agency
(1) A National Sports Agency is hereby established as a central administrative office in matters relating to the promotion of sport, tourism and state representation (hereinafter referred to as the Agency).
(2) The Agency is an organisational component of the State and the entity.
(3) The seat of the Agency is Prague.
(4) The Head of the Agency is the Chairman of the Agency.
The President of the Agency
(1) The President of the Agency shall be appointed and dismissed by the Government on a proposal from the Prime Minister.
(2) The term of office of the President of the Agency shall be six years. The President of the Agency may be re-appointed.
(3) The function of the President of the Agency shall be incompatible with the exercise of the duties of a member of the managing, supervisory or supervisory body of entrepreneurs, the exercise of any function in a sports organisation and the pursuit of business, advisory or brokering activities and other gainful activities in the field of sport, with the exception of that of scientific, publicist or educational activities. The participation of the President of the Agency in trading companies operating in the field of sport is excluded. Paragraph 5 (3) (a) of the Conflict of Interest Act does not apply.
(4) A person whose knowledge, experience and moral qualities are a precondition for the Agency to hold its duties properly and who:
a) is a national of the Czech Republic,
(b) reach the age of 30 years;
(c) is fully competent;
(d) is fair; for the purposes of this Act, a natural person who has been convicted of a criminal offence in a final manner shall not be deemed to be righteous unless he is treated as if he were not convicted,
(e) has experience in the management of sport for at least 5 years.
(5) The Government shall withdraw the President of the Agency if:
(a) one of the grounds for incompatibility with the performance of his duties under paragraph 3 or any other legislation has occurred;
(b) no longer fulfils any of the conditions for appointment referred to in paragraph 4;
(c) has infringed its obligations arising from its duties in a particularly gross manner; or
(d) he has requested it.
(6) The Government may remove the President of the Agency from office even if he does not perform his duties for more than 6 months. "
4. The following Sections 3b to 3f are inserted after Section 3a, including the headings and footnotes 4 and 5:
Vice-Presidents of the Agency
(1) The President of the Agency shall appoint two Vice-Presidents of the Agency.
(2) The Vice-Presidents of the Agency shall represent the President of the Agency to the extent and in the order laid down by the President of the Agency and shall be entitled to give orders to a civil servant who carries out a civil service in the Agency.
(3) The Vice-Presidents of the Agency shall exercise certain powers of the President of the Agency to the extent laid down by the President of the Agency.
(4) The function of Vice-President of the Agency shall be incompatible with the management function of a sports organisation, business, consultancy or brokering activity and other gainful activities in the field of sport, with the exception of scientific, publicity or pedagogical activities, as well as the participation of property in a sports business.
National Sports Council
(1) The Agency establishes the National Sports Council (hereinafter referred to as the National Council), which is the advisory body of the President of the Agency. The President of the Agency shall be the President of the National Council as well.
(2) The National Council has at least 15 members, including the President and Vice-President of the National Council.
(3) The members of the National Council are appointed by the President of the Agency.
(4) The competence of the National Council is laid down in the Statute issued by the Agency.
Scope of the Agency
(1) Agency
(a) draw up a draft state policy plan for sport (hereinafter referred to as the "plan"), which includes in particular the definition of target groups of athletes targeted by the aid, including allocation of funds for each target group, and presents it to the Government for approval;
(b) coordinate the implementation of a government-approved plan;
(c) provide financial support for sport from the state budget through its programmes for the development and promotion of sport, tourism and sports representation;
(d) checks the use of sport aid from the State budget for beneficiaries and persons to whom the aid was granted in accordance with the conditions for the use of the aid;
e) creates conditions for the sport of children and youth and their trainers, for adult sport, for the development of sport for all, for the sport of disabled citizens and for sports representatives of the Czech Republic, including participation of representatives at sports events in the Czech Republic and abroad,
(f) establish a contribution organisation for the purpose of fulfilling commitments under the International Convention against Doping in Sports (4); The Agency may also decide to amend the contribution organisation of which it is the founder under this Act. The measure by which the Agency decides to change the contribution organisation shall include an addition to the instrument of incorporation or, where appropriate, the instrument of incorporation of the newly created contribution organisation,
(g) ensures that the anti-doping programme is implemented through the contribution organisation referred to in point (f);
(h) organise and control the implementation of the anti-doping programme;
(i) issue a programme to prevent the effects of sports competitions;
j) coordinates the activities of the Department Sports Centres of the Ministry of Education, Youth and Sports, the Ministry of Defence and the Ministry of Interior;
(k) keep in electronic form a register of sports organisations and other persons applying for aid under Article 6b, athletes, coaches and sports establishments for whose activities aid is requested (hereinafter referred to as the Register);
(l) ensure the promotion of sport;
m) cooperate with sports organisations in the international field of sport and sports representation.
(2) The resort sports centre ensures the creation of the necessary assumptions for the preparation of sports talents and for the state sports representation.
3. (j) by the Government. The draft rules are processed by the Agency in cooperation with the Ministry of Education, Youth and Sports, the Ministry of Interior and the Ministry of Defence and submitted to the Government for approval.
(4) The Agency shall cooperate with sport organisations while respecting their autonomy.
(5) The Agency issues an ethical code governing staff and other representatives of the Agency in their activities. The Code also includes rules of contact between staff and representatives of the Agency and representatives of sports organisations and other sports actors. A conscious violation of the Code of Ethics shall be regarded as a breach of the service of a civil servant, a serious breach of the obligation of a staff member and, in particular, a gross breach of the obligations arising from the function of the President and Vice-President of the Agency.
Register
(1) The register is a public administration information system for the management of data on sports organisations, sports organisations, sports facilities and other persons pursuant to § 6b. The registry administrator shall be the Agency. The register shall be private; an indication of the number of athletes and coaches associated with the sports organisation and the list of sports facilities registered in the register shall be made publicly available, including in a way that allows remote access.
(2) Sports organisations applying for support from the State Budget pursuant to Article 6b (1) (a) are required to register the following information and amendments thereto without undue delay:
(a) the name, registered office and identification number of the person of the sports organisation, the subject matter of its principal activity and the subject matter of the sport activity or, where applicable, membership of another sports organisation;
(b) the cessation and date of sports organisation activities;
(c) the name and, where appropriate, the name, surname and birth number of athletes and coaches registered in a sports organisation; in the case of foreigners, also the date of birth, the address of the residence (5) and citizenship,
(d) the date from which the athlete or coach began to carry out the activity for which the sports organisation was registered in the calendar year in question;
(e) the date from which the athlete or coach ceased to carry out the activity referred to in (d);
(f) sports equipment used by the applicant for its activities.
(3) The details of the scope of the additional information on the sports organisation referred to in paragraph 2 and the manner in which they are registered shall be laid down by the Agency by decree.
(4) Applicants for State budget support pursuant to Article 6b (1) (b) and (c) are required to register the data and changes thereto without undue delay to the extent and in the manner laid down by the Regulation by the Agency.
(5) A sports organisation has access in the register to the information on athletes and coaches registered and sports organisations in the register.
(6) The Agency shall verify the accuracy, completeness and accuracy of the data in the register.
Use of data from public administration information systems
(1) In the exercise of its powers under this Act, the Agency uses data from the population base register to the extent that:
(a) surname;
(b) the name and, where appropriate, the names,
(c) the address of the place of stay,
(d) date of birth;
(e) birth number,
(f) the date of death; if the court's decision on the declaration of death is given, the day on which the decision is referred to as the day of death or the day on which the declared death did not survive;
(g) citizenship and, where appropriate, multiple citizenship.
(2) In the exercise of its powers under this Act, the Agency uses data from the population information system to the extent that:
(a) the name and, where appropriate, the name and surname;
(b) the date of birth;
(c) citizenship and, where appropriate, multiple citizenship;
(d) the address of the place of permanent residence;
(e) birth number,
(f) the date of death; if the court's decision on the declaration of death is given, the day on which the decision is referred to as the day of death or the day on which the declared death did not survive.
(3) The Agency uses data from the alien information system in the exercise of its powers under this Act to the extent that:
(a) the name and, where applicable, the names and surnames,
(b) the date of birth;
(c) birth number,
(d) citizenship or nationality, where appropriate;
(e) the type and address of the place of residence in the Czech Republic;
(f) the date of death; if the court's decision on the declaration of death is given, the day on which the decision is referred to as the day of death or the day on which the declared death did not survive.
(4) Data which are kept as reference data in the population base register shall be used from the population information system and the alien information system only if they are in the form preceding the current situation.
(5) From the data referred to in paragraphs 1 to 3, only such data as are necessary to fulfil the task may be used in a particular case.
4) International Convention against Doping in Sport declared by the Communication of the Ministry of Foreign Affairs under No. 58 / 2007 Coll. s.
5) Act No. 133 / 2000 Coll., on the registration of residents and birth numbers and on the amendment of certain laws (Act on the registration of residents), as amended. Act No. 326 / 1999 Coll., on the residence of foreigners in the Czech Republic and on the amendment of certain laws, as amended. '
5. Paragraph 4 (1) reads as follows:
"(1) The Ministry of Education, Youth and Sports, the Ministry of Defence and the Ministry of Interior in their responsibility create the conditions for the development of sport, for the preparation of state sports representation and for the preparation of sports talents, establish and ensure their activities."
6. In Article 4, paragraphs 3 and 4 are added:
"(3) The Ministry of Local Development creates conditions for the development of sport infrastructure under tourism care programmes.
(4) Other ministries create conditions for promoting sport and developing sport infrastructure within their respective competences. "
7. Paragraph 6b, including the title and footnote 6, reads as follows:
Support for sport in the form of a subsidy from the state budget
(1) The Agency provides support for sport in the form of grants from the state budget
(a) sports organisations in support of sport, in particular for the promotion of sport of children and youth, adult sport, sport for all, sports of disabled persons, and for the promotion of successful sports representatives of the Czech Republic, including expenditure on the provision of sports organisations, the acquisition or technical evaluation of tangible and intangible fixed assets, and the organisation of major sports events and major sports events of exceptional importance pursuant to § 6c;
(b) persons who are not a sports organisation for the acquisition or technical evaluation of tangible and intangible fixed assets, subject to the sustainability of sports activities for at least 10 years;
(c) persons who are not a sports organisation for the organisation of major sporting events of exceptional importance under § 6c.
(2) Aid for sport referred to in paragraph 1 may be granted only to applicants registered in the register. The Agency shall not grant support to sport as referred to in paragraph 1 unless the information provided by the applicant in the register is accurate, or the applicant has repeatedly or seriously, over the past three years, infringed the conditions for the use of aid granted from the State budget under this law, the rules on combating doping or has seriously jeopardised the implementation of the prevention programme for affecting the results of sport competitions, or has been convicted of a criminal offence committed in connection with sport activities, or of a grant fraud offence, if it is not looked at as if it had not been convicted.
(3) The Agency may conclude a contract with a sports organisation or a memorandum on long-term cooperation to implement a multiannual project; This is without prejudice to the provision of § 14 (1) of Act No. 218 / 2000 Coll.
(4) The scope of the beneficiaries and the conditions for granting the aid referred to in paragraph 1, including the duration of the period for which the programme is designated, are laid down by the Agency. The Agency shall not be entitled to exclude the possibility of granting the aid to final beneficiaries in accordance with the procedure laid down in paragraph 5 when setting the conditions for aid.
(5) The sports organisation receiving the sport aid referred to in paragraph 1 may, in accordance with the conditions for its application set out in the programme, also grant such aid to the sports organisation which is associated with it (6) as the final beneficiary of the aid. The beneficiary of the sport aid referred to in paragraph 1 shall indicate in the application for sport aid referred to in paragraph 1 all final beneficiaries and the purpose for which such aid is to be granted to each final beneficiary; it is also obliged to commit the final beneficiary to fulfil the conditions of the aid granted. The beneficiary of the sport aid referred to in paragraph 1 shall be responsible for fulfilling the conditions of support granted to the Agency. The final beneficiary shall provide the Agency with synergies in the control referred to in Article 3d (1) (d).
(6) Expenditure on the operation of sports organisations is not a project. The conditions for granting the subsidy to cover the costs of securing the activities of sports organisations shall be laid down by the Agency in the Programme. The Agency may grant a grant to ensure the activities of a sports organisation according to predetermined criteria.
6) For example, § 228 et seq. of Act No. 89 / 2012 Coll., Civil Code, § 27 of Act No. 250 / 2000 Coll., on the budgetary rules of the territorial budgets. '
8. In Paragraph 6c (1), the second sentence is replaced by the following: "The request for government approval shall be made by a person who intends to hold an action through the Agency."
9. Paragraph 6c (3) reads as follows:
"(3) Support for major sporting events of exceptional importance from the State budget for which the Government has given its consent under paragraph 1 shall be provided in particular by the Agency. ';
10. in Paragraph 6d (1):
"(1) The Agency shall coordinate the granting of aid under this Act with the Competition Authority."
11. in Article 7d (2):
"(2) A sports organisation shall commit an offence by failing to comply with the obligation to register or failing to comply with the obligation to register data and changes to the extent set out in Article 3e (2) and (3) without undue delay. ';
12. in Article 7d (3):
"(3) The person applying for aid under Article 6b (1) (b) or (c) shall commit an offence by failing to comply with the obligation to register or failing to comply with the obligation to register the data and their changes to the extent set out in Article 3e (4) without undue delay. ';
13. In Article 7d, the following paragraph 4 is inserted after paragraph 3:
"(4) The final beneficiary shall commit an infringement by not providing the Agency with cooperation in the inspection, contrary to Article 6b (5). ';
Paragraphs 4 to 7 shall be renumbered paragraphs 5 to 8.
14. in Paragraph 7d (8):
"(8) The persons referred to in § 6b (1) (b) and (c) may be fined for an offence under paragraph 3 up to CZK 100,000."
15. in Article 7d, the following paragraph 9 is added:
"(9) The final recipient may be fined up to CZK 100,000 for the offence referred to in paragraph 4."
16.
Common provisions on infringements
(1) The transfers under this Act, except for the offences referred to in § 7d (2) to (4), are dealt with by the municipal authority of the municipality with extended scope.
(2) Article 7d (2) to (4) transfers are discussed by the Agency.
(3) The fines are collected and enforced by the authority which imposed them. "
Transitional provisions
The Agency shall be established on the first day of the calendar month following the date of entry into force of this Law.
2. The Ministry of Education, Youth and Sports shall, until 31 December 2019, exercise the competence of the Agency pursuant to Article 3d (1) of Act No. 115 / 2001 Coll., as effective from the date of entry into force of the Act. The Ministry of Education, Youth and Sports shall, from 1 January 2020 until 31 December 2020, exercise the competence of the Agency under Article 3d (1) (c) and (d) of Act No. 115 / 2001 Coll., as effective from the date of entry into force of this Act, except for the announcement of calls for subsidies which it carries out until 31 December 2019.
3. The competence in the preparation of programmes for the acquisition or technical evaluation of tangible and intangible fixed assets pursuant to Act No. 115 / 2001 Coll., as effective from the date of entry into force of this Act, shall be exercised by the Agency from the date of its establishment.
4. For the purposes of financial settlement with the state budget under the Act governing the budgetary rules, the status of the provider of State aid to sport shall be that of the Ministry of Education, Youth and Sports in cases where the Agency has exercised its competence as a provider of State aid to sport under Act No. 115 / 2001 Coll., as effective from the date of entry into force of the Act.
5. The proposal for the first systemisation of posts and the first systemisation of posts shall be submitted by the President of the Agency, after consulting the Ministry of Finance, to the Ministry of the Interior within 1 calendar month following the calendar month in which he was appointed.
6. The draft first organisational structure of the Agency shall be submitted by the President of the Agency to the Ministry of the Interior for comments within 2 calendar months following the calendar month in which the first systemisation referred to in point 5 was approved by the Government.
7. A civil servant who, on 31 December 2019, performed a civil service in the Ministry of Education, Youth and Sports consisting of the provision of activities under Act No. 115 / 2001 Coll., as effective from the date of entry into force of this Act, which he performs in accordance with point 2 of the Ministry of Education, Youth and Sports until 31 December 2019, shall be transferred to the Agency on 1 January 2020. A civil servant who, on 31 May 2020, served as a civil service in the Ministry of Education, Youth and Sports consisting of the provision of activities under Act No. 115 / 2001 Coll., as effective from the date of entry into force of this Act, which he performs in accordance with point 12 of the Ministry of Education, Youth and Sports until 31 May 2020, shall be transferred to the Agency on 1 June 2020. A civil servant who, on 31 December 2020, served as a civil service in the Ministry of Education, Youth and Sports in the Ministry of Education, Youth and Sports consisting of the provision of activities under Act No. 115 / 2001 Coll., as effective from the date of entry into force of this Act, which he performs in accordance with point 2 of the Ministry of Education, Youth and Sports until 31 December 2020, shall be transferred to the Agency on 1 January 2021. A civil servant who, at the date of transition referred to in point 4 to the Agency, served a civil service in the Ministry of Education, Youth and Sports consisting of the provision of activities under Act No. 115 / 2001 Coll., as effective from the date of entry into force of this Act, which he performs in accordance with point 4 of the Ministry of Education, Youth and Sports, shall be transferred to the Agency from the date of transition to the Agency.
8. The selection procedure for the vacancy of the Agency may be held after approval by the Government of the first systemisation of the posts referred to in point 5, unless the vacancy is filled in accordance with the procedure laid down in point 7. In this selection procedure, the President of Agency 1 shall select the applicants from among the 3 most suitable applicants or from other applicants who have succeeded in the selection procedure under § 28 (2) and (3) of the Civil Service Act.
9. The exercise of rights and obligations arising from employment relations is transferred to the Agency
(a) on 1 January 2020, if the employees of the Czech Republic are listed in the Ministry of Education, Youth and Sports, who provided activities under Act No. 115 / 2001 Coll., as effective from the date of entry into force of this Act, which they perform in accordance with point 2 of the Ministry of Education, Youth and Sports until 31 December 2019;
(b) on 1 June 2020, if the employees of the Czech Republic are listed in the Ministry of Education, Youth and Sports, who provided activities under Act No. 115 / 2001 Coll., as effective from the date of entry into force of this Act, which they perform in accordance with point 12 of the Ministry of Education, Youth and Sports until 31 May 2020;
(c) on 1 January 2021, if the employees of the Czech Republic are listed in the Ministry of Education, Youth and Sports, who provided activities under Act No. 115 / 2001 Coll., as effective from the date of entry into force of this Act, which they perform in accordance with point 2 of the Ministry of Education, Youth and Sports until 31 December 2020,
(d) on the date of the transition referred to in point 4 to the Agency, if the employees of the Czech Republic are included in the Ministry of Education, Youth and Sports who provided activities under Act No. 115 / 2001 Coll., as effective from the date of entry into force of this Act, which they perform in accordance with point 4 of the Ministry of Education, Youth and Sports.
10. The competence to manage the movable property of the State to which the Ministry of Education, Youth and Sports is to manage is transferred to the Agency
(a) on 1 January 2020, if the assets used for the provision of activities of the Ministry of Education, Youth and Sports pursuant to Act No. 115 / 2001 Coll., as effective from the date of entry into force of this Act, are carried out in accordance with point 2 by the Ministry of Education, Youth and Sports until 31 December 2019;
(b) on 1 June 2020, if the assets used for the provision of activities of the Ministry of Education, Youth and Sports pursuant to Act No. 115 / 2001 Coll., as effective from the date of entry into force of this Act, are carried out in accordance with point 12 of the Ministry of Education, Youth and Sports until 31 May 2020;
(c) on 1 January 2021, if the property used to provide activities of the Ministry of Education, Youth and Sports pursuant to Act No. 115 / 2001 Coll., as effective from the date of entry into force of this Act, which it carries out in accordance with point 2 of the Ministry of Education, Youth and Sports until 31 December 2020,
(d) the date of transition referred to in point 4 to the Agency, in respect of assets used to provide activities of the Ministry of Education, Youth and Sports under Act No. 115 / 2001 Coll., as effective from the date of entry into force of this Act, which it carries out in accordance with point 4 of the Ministry of Education, Youth and Sports.
11. The function of the sponsor of a contribution organisation established under existing regulations for the purpose of fulfilling commitments under the International Convention against Doping in Sport shall be exercised by the Agency as from 1 January 2020.
12. The Ministry of Education, Youth and Sports shall keep up to 31 May 2020 a register to which the Agency is authorised to accede in accordance with point 3. The Agency shall keep the register as from 1 June 2020.
13. The Ministry of Education, Youth and Sports shall transmit to the Agency, at the relevant date of transition referred to in points 2, 4 and 12, the documents necessary for the exercise of that competence.
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Regulation Information
| Citation | Act No. 178 / 2019 Coll., amending Act No. 115 / 2001 Coll., on the Promotion of Sport, as amended, and certain other laws |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 16.07.2019 |
|---|---|
| Effective from | 31.07.2019 |
| Effective until | - |
| Status | Valid |
Legal Areas:
Administrative law
Body and sport
The regulation text is for informational purposes only.
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