Act No. 179 / 2008 Coll.
Act amending Act No. 77 / 2002 Coll., on the Civil Society of the Czech Railways, State Organisation of the Railway Infrastructure Administration and amending Act No. 266 / 1994 Coll., on Railways, as amended, and Act No. 77 / 1997 Coll., on the State Company, as amended, as amended, as amended, as amended by the Constitutional Court found under Act No. 83 / 2003 Coll., Act No. 179 / 2003 Coll. and Act No. 293 / 2004 Coll.
Valid
Law
Effective from 01.06.2008
Text versions:
01.06.2008
28.05.2008
179
THE LAW
of 23 April 2008
amending Act No. 77 / 2002 Coll., on the Civil Society of the Czech Railways, the State Organisation of the Railway Infrastructure Administration and amending Act No. 266 / 1994 Coll., on Railways, as amended, and Act No. 77 / 1997 Coll., on the State Company, as amended, as amended, as amended, as amended by the Constitutional Court Act No. 83 / 2003 Coll., Act No. 179 / 2003 Coll. and Act No. 293 / 2004 Coll.
Parliament has decided on this law of the Czech Republic:
Act No. 77 / 2002 Coll., on the public limited company České dráhy, state organization Railway Infrastructure Administration and amending Act No. 266 / 1994 Coll., on Railways, as amended, and Act No. 77 / 1997 Coll., on the State Company, as amended, as amended, as amended, as amended by the Constitutional Court Act No. 83 / 2003 Coll., Act No. 179 / 2003 Coll. and Act No. 293 / 2004 Coll., is amended as follows:
1. Paragraph 8 (1) reads as follows:
"(1) The business of ČD is the operation of railway transport."
2. Paragraph 8 (3) reads as follows:
"(3) The ČD Joint Stock Company may undertake and carry out other activities in accordance with the conditions laid down in special legislation8."
3. In Article 8 (4), the words "and the rail operator 'are deleted.
4. In Article 8, the following shall be added at the end of paragraph 4: "This property shall be granted access to other carriers certified in accordance with a special Regulation (8c) in order to meet transport needs and to provide services related to the transport of the public. According to the previous sentence, the ČD public limited company allows access in a way that excludes the advantage of one of the carriers. '
Footnote 8c reads:
"8c) § 34h of Act No. 266 / 1994 Coll., on Railways, as amended."
5.
(1) Where ČD's public limited-liability company operates activities other than rail passenger transport activities, it is obliged to keep separate internal accounting for these activities; the funds from the rail passenger transport activity paid by public means cannot be transferred to other activities.
(2) Within the framework of separate intra-corporate accounting, ČD's public limited liability company is required to keep separate accounts of public-funded activities under special legislation9).
(3) The annual accounts of the separate accounting headings referred to in paragraphs 1 and 2 are subject to audit obligations. The auditor shall be appointed by the Ministry.
(4) The ČD Joint Stock Company is obliged to provide the Supreme Audit Office with the necessary synergies in the performance of the control activities of the management of the state organisation Railway Infrastructure Administration. "
6. In Article 16 (b), the words "budgets for the operation of the railway infrastructure and 'are replaced by the words" budget'.
7. Paragraph 17 (2) is deleted and paragraph 1 is deleted.
8. in Paragraph 18 (1), point (a) is deleted;
Points (b) and (c) shall become points (a) and (b).
9. In Article 20 (4), the words "to transfer the property of the railway infrastructure to a third party without charge," shall be inserted after the word "government."
10. In Article 21, the following paragraph 1 is inserted:
"(1) The Railway Infrastructure Administration State Organisation operates the railway transport route in the public interest; This does not apply to the part of the railway infrastructure that was left to use to another railway infrastructure operator by a lease contract. The Railway Infrastructure Administration State Organisation may also operate another runway on a contractual basis. '
Paragraphs 1 to 3 shall be renumbered paragraphs 2 to 4.
11. in Article 21 (3), the words "and 2" shall be inserted after the words "pursuant to paragraph 1";
12. In Paragraph 21, the following sentence is added at the end of paragraph 3: "The Railway Infrastructure Administration's intention to develop and modernise the railway is to discuss with the Ministry, the Region and the carriers operating railway services on the route concerned. '.
13. in Paragraph 21 (4), the words "and the operator" shall be inserted after the word "owner."
14. In Section 22, paragraphs 1 to 3, including footnote 18, are deleted.
Paragraphs 4 and 5 shall be renumbered paragraphs 1 and 2.
15. Article 24 shall be deleted;
16.
Operation of the railway infrastructure for State defence purposes
(1) In a state of danger, a state of emergency, an emergency state (11) or a state of war (11), the Railway Infrastructure Administration is obliged to ensure the operation of the railway infrastructure in accordance with the State's defence needs (6) and the needs of a system of economic measures for emergency situations (12).
(2) In order to ensure that the State is prepared for a state of danger and a state of war, the Railway Infrastructure Administration's state organisation is obliged to process and submit to the Ministry for approval a proposal for the security of the technical protection and restoration of the railway infrastructure intended to operate in a state of danger and a state of war.
(3) Ministry after consulting the Ministry of Defence
(a) approve railway infrastructure routes which may be important for the performance of State defence tasks (designated rail network) and the way in which it is ensured technical protection and restoration;
(b) establish a list of the work necessary to perform the State's defence tasks in the security of operation, technical protection and renewal on the designated rail network. ';
17. in Paragraph 28 (1), 'five' is replaced by 'seven';
Transitional provisions
1. With the property related to the operation of the railway infrastructure in the public interest, which will be acquired by the public limited company České dráhy, it is run by the state organization Railway Infrastructure Administration.
2. Until the date of the start of the operation of the railway infrastructure in the public interest of the Railway Infrastructure Administration, the Railway Infrastructure Administration operates the railway transport and fulfils the obligations of the associated public limited liability company ČD.
3. Official authorisation22), on the basis of which ČD operates a public-interest rail transport service, the public-interest joint-stock company shall cease to exist on a date immediately preceding the date which will be determined by the official authorisation as the date of commencement of the railway operation by the Railway Infrastructure Administration.
Efficacy
This Act shall take effect on 1 June 2008.
Wolf
Klaus v. r.
Topolánek v. r.
22) § 11 and subsequent Act No. 266 / 1994 Coll., on Railways, as amended.
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Regulation Information
| Citation | Act No. 179 / 2008 Coll., amending Act No. 77 / 2002 Coll., on the Civil Society of ČD, the State Organisation of the Railway Infrastructure Administration and amending Act No. 266 / 1994 Coll., on Railways, as amended, and Act No. 77 / 1997 Coll., on the State Company, as amended, as amended, as amended, as amended by the Constitutional Court Act No. 83 / 2003 Coll., Act No. 179 / 2003 Coll. and Act No. 293 / 2004 Coll. |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 28.05.2008 |
|---|---|
| Effective from | 01.06.2008 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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