Act No. 215 / 2004 Coll.
Law on the regulation of certain relations in the field of public aid and the amendment of the Act on the promotion of research and development
Valid
Effective from 01.05.2004
215
THE LAW
of 2 April 2004
on the adaptation of certain public aid relations and the amendment of the Law on the promotion of research and development
Parliament has decided on this law of the Czech Republic:
CERTAIN RELATIONS ON PUBLIC AID AND FOREIGN SUBSIDIES
Basic provisions
Subject matter
(1) This law regulates, in the light of the directly applicable European Union1 provisions, the exercise of public administration in the field of public aid, the rights and obligations of providers and beneficiaries of public aid and small-scale aid to the competent coordinating body of public aid (the "coordinating body '), certain issues of cooperation between the Czech Republic and the European Commission (the" Commission'), as well as certain other relations with the provision of public aid and small-scale aid.
(2) This law further regulates, following the directly applicable European Union9) the exercise of State administration in the field of foreign subsidies, certain obligations of persons and the powers and powers of the Office for the Protection of Competition ("the Office ') for activities carried out by a Member State under this directly applicable law.
Definition of terms
For the purposes of this Act:
(a) State aid as defined in Article 107 of the Treaty on the Functioning of the European Union;
(b) small-scale aid granted under directly applicable European Union rules on de minimis aid (7);
(c) the public aid provider (hereinafter referred to as the "provider") who decides to grant public aid; if the Government of the Czech Republic decides to grant public aid, the provider shall be the Ministry or any other central administrative office which submitted a proposal for public aid to the Government of the Czech Republic,
(d) by a small-scale aid provider who decides to grant small-scale aid;
(e) the beneficiary of the public aid (hereinafter referred to as the beneficiary), the natural or legal person for whom the granting of the public aid has been decided;
(f) the beneficiary of small-scale aid, the natural or legal person for whom a decision to grant small-scale aid has been made;
(g) by a financial intermediary, the financial intermediary referred to in Article 2 (1) (h) of Regulation 2023 / 283110;
(h) the coordinating body of the Ministry of Agriculture or the Office, which, within their respective competences, carry out central coordination, advisory, consultation and monitoring activities in the field of public support;
(i) the date on which the aid is granted on a small scale, the date on which the beneficiary of the small scale aid becomes entitled to such aid, and the date on which the legal entitlement arises, means the date on which the legal effect of the legal act or act on the basis of which the aid of a small scale was granted to the beneficiary; where the beneficiary is a financial intermediary of a small scale aid, that date shall be the last day of the quarter for which he reports pursuant to Article 3a (4);
(j) foreign subsidies for foreign subsidies pursuant to Article 3 of Regulation 2022 / 25609).
Public aid
Scope of public aid
(1) The Office shall exercise the powers of the coordinating authority outside the fields of agriculture, forestry, fisheries and aquaculture.
(2) The Ministry of Agriculture shall exercise the powers of the coordinating body, other than those referred to in paragraph 3 (d), in the field of public support for agriculture, forestry, fisheries and aquaculture.
(3) Coordination body
(a) cooperate with the provider before notifying public support to the Commission;
(b) cooperate with the Commission and the provider during the procedure before the Commission;
(c) submit to the Commission an annual report on public and small-scale aid granted in the Czech Republic;
(d) exercise control (2) over the implementation of final decisions on public aid issued by the Office under the legislation in force before the application of this law;
(e) transmit the notification of public aid to the Commission;
(f) issue opinions on the submission of a provider made before and during the proceedings before the Commission;
(g) give an opinion to providers on small scale aid before it is granted, in particular whether it is small scale aid and whether the conditions for granting it are fulfilled;
(h) examine compliance with the obligation under Article 3a (4) and (5) and impose corrective measures;
(i) conduct the procedure referred to in Article 8g (3);
j) represents the Czech Republic when discussing and preparing European Union regulations on public support issues;
(k) is the administrator of the central register of small-scale aid (hereinafter referred to as the "central register"), which is the information system of the public administration under the special legislature3.
Registration of small-scale aid
(1) The central register is a public administration information system containing data on small scale aid granted.
(2) Data from the central register on the total small-scale support received by the beneficiary are accessible to the provider by means of remote access.
(3) The small-scale aid provider is obliged to verify that the aid will not be granted before granting small-scale aid in the central register
(a) to exceed the limit set by beneficiaries of small-scale aid in the directly applicable European Union Regulation on de minimis aid (7);
(b) to exceed the limit laid down for agriculture and fisheries for the Czech Republic in the directly applicable regulation of the European Union on de minimis aid).
(4) The financial intermediary shall report on a quarterly basis to the small-scale aid provider on the total amount of small-scale aid received in that quarter within 10 days of the end of that quarter. If no small-scale aid has been received by the financial intermediary in the quarter concerned, it shall inform the small-scale aid provider accordingly within the same period.
(5) The small-scale aid provider will indicate in the legal act or act the granting of small-scale aid a directly applicable European Union provision under which small-scale aid has been granted (7); within 20 working days of the date of granting of the small-scale aid or the date of receipt of the report referred to in paragraph 4, the small-scale aid provider shall record in the central register the details of the small-scale aid granted and the beneficiary thereof.
Procedure before the Commission
(1) Providers, in cooperation with the coordinating body, deal with the Commission in proceedings concerning notified public aid, unlawful public aid, misuse of public aid, existing public aid schemes, on-the-spot investigations and in connection with the notification of the decision.
(2) Providers shall request a prior opinion from the coordinating authority on the submission made before and during the proceedings before the Commission.
(3) The coordinating authority shall deliver an opinion no later than 10 working days after the date of receipt of the request. If the coordinating authority does not deliver an opinion within that time limit, its opinion on submission shall be deemed to be positive.
(4) The provider notifies public aid to the Commission in electronic form through the coordinating body. The coordinating authority shall inform the provider without delay of the transmission of the notification to the Commission.
Provision of documents and other information
(1) The provider or small-scale aid provider is obliged to submit to the coordinating authority:
(a) by 30 April of the calendar year, information on public aid granted in the preceding calendar year; the information which the provider is obliged to submit to the coordinating authority shall be provided by a directly applicable European Union Regulation. 8) The information shall be sent to the coordinating authority by the provider even if he has not paid any funds under the notified public aid in that year,
(b) within 10 days of the date on which it was lodged, copies or copies of any procedural documents which it has made in the proceedings referred to in Article 4, and copies or copies of any procedural documents and decisions made in the proceedings referred to in Article 4 which have been served on it within 10 days of their receipt; and
(c) any other documents requested by the coordinating authority and any other information relating to public or small-scale support within a time limit set by the coordinating authority. The time limit shall be set by the coordinating authority, having regard to the extent and availability of the requested information and documents.
(2) The beneficiary, the beneficiary of small-scale aid or the financial intermediary is required to submit to the coordinating authority, at its request, within a specified time limit, all documents and other information relating to public or small-scale support; to identify the beneficiary or beneficiary of small-scale aid - the natural person is entitled to require only the communication of the name and surname of the beneficiary or beneficiary of small-scale aid, the date of birth and the address of the place of residence. When setting the deadline, the coordinating authority referred to in paragraph 1 (c) shall proceed mutatis mutandis.
(3) Documents and other information must be submitted to the coordinating authority by the person required under paragraphs 1 and 2, complete, correct and true.
(4) All documents and other information relating to the notification of public aid and the procedure provided for in Article 4 must be submitted by the provider to the coordinating body in electronic form.
Commission investigations
Where the Commission carries out on-the-spot investigations in the Czech Republic, providers and beneficiaries shall be required to provide the coordinating body, the Commission and the persons entrusted with the necessary synergies.
Silence
(1) The staff of the coordinating authority carrying out an activity in which they become aware of a matter of business secrecy or confidential information shall remain silent. This obligation shall continue after the end of their professional, employment or other similar relationship. The obligation of confidentiality shall not apply where staff members give evidence of such facts and evidence to law enforcement or judicial authorities, or if they make observations at the request of such authorities or courts. An infringement of the obligation to maintain confidentiality shall not constitute a breach of the provision of information and data to the Commission, the Office, the Ministry or other administrative authorities for the purpose of exercising their duties or duties. In such a case, the recipient of the information shall be obliged to ensure the same level of confidentiality as the donor. The Head of the Coordination Body or the authorised staff shall decide on the waiver and scope of confidentiality.
(2) The documents and information relating to public aid forwarded by the coordinating body to the Commission shall not be made available under the legislation governing public access to information until the procedure before the Commission or the Commission's investigation has been completed; after that period, where such provision would undermine or jeopardise the subsequent judicial or other legal protection.
Procedure for the recovery of public aid following a Commission decision
(1) Where the Commission decides to recover or to recover the public aid on a provisional basis, the beneficiary is obliged to repay the public aid granted to the provider or, where appropriate, his legal successor, including the interest fixed by the Commission.
(2) The provider shall, without undue delay, take all necessary measures to ensure that the obligation referred to in paragraph 1 is fulfilled. To this end, the recipient provider shall without delay call for the recovery of the public aid referred to in paragraph 1; in the absence of a recovery period or an interim recovery of the public aid from the Commission's decision, the provider shall at the same time set a time limit in the invitation. After the time limit for the recovery or interim recovery of public aid has expired, the provider shall decide whether to withdraw the aid from the beneficiary under special legislature4), or, failing this, to bring an action against the beneficiary in court.
(3) Where the beneficiary is subject to supervision or supervision under a specific legislation, 5) shall inform the provider without delay of the obligation to repay the public aid granted and of the authority carrying out the supervision or supervision.
Recovery procedure in other cases
(1) Where a provider has granted public aid contrary to European Union law, the beneficiary shall be obliged to repay the public aid granted to the provider or, where appropriate, to his legal successor, including interest. The provider or his successor in title shall, without undue delay, take all necessary measures to ensure that the obligation is fulfilled, without delay, invite the beneficiary to repay the public aid, including interest, and shall fix a time limit in the invitation.
(2) In determining the interest rate for the recovery of public aid referred to in paragraph 1, the provider shall base its assessment on Chapter V of Commission Regulation (EC) No 794 / 2004 of 21 April 2004 implementing Council Regulation (EU) 2015 / 1589 laying down detailed rules for the application of Article 108 of the Treaty on the Functioning of the European Union. Interest shall be paid by the beneficiary from the date on which it was able to dispose of the unlawful public aid until the date of its recovery.
(3) Where the beneficiary is subject to a supervision or supervision under a specific legislation, the provider shall immediately inform the authority carrying out the supervision or supervision of the obligation to repay the public support.
Foreign subsidies
Scope of foreign subsidies
The Authority shall cooperate with the Commission to the extent provided for in the directly applicable European Union law on foreign subsidies distorting the internal market (9) and to this end:
(a) provide the Commission with all the necessary synergies and transmit to it information on foreign subsidies which may distort the internal market;
(b) conduct investigations at the request of the Commission;
(c) represents the Czech Republic when discussing and preparing European Union regulations on foreign subsidies.
Provision of documents and other information
(1) The person required under the directly applicable European Union law governing foreign subsidies distorting the internal market (9) shall submit to the Office, on a written request and within a specified period, all documents and other information relating to foreign subsidies or to foreign subsidies related. Documents and other information shall be submitted by the obliged entity to the Office in full, correct and true.
(2) Documents and information relating to foreign subsidies which have been transmitted by the Office to the Commission shall not be provided, under the legislation governing public access to information, until the procedure before the Commission or the Commission or the Office has been completed at the request of the Commission; after that period, where such provision would undermine or jeopardise the subsequent judicial or other legal protection.
Investigation by the Commission and the Authority
(1) Where the Commission carries out an on-the-spot investigation on the territory of the Czech Republic pursuant to a directly applicable regulation of the European Union governing foreign subsidies distorting the internal market (9), each Party is obliged to provide the Office, the Commission and the persons authorised by it with the necessary synergies.
(2) Where the Office carries out an investigation at the request of the Commission, it shall apply mutatis mutandis in accordance with Sections 21c and 21e to 21g of the Competition Act. Everyone shall be obliged to provide the Office with the necessary synergies in the conduct of the investigation.
Cooperation related to the examination of foreign investments
(1) The Office shall inform the Ministry of Industry and Trade of the initiation of an ex officio interim review or in-depth investigation of foreign subsidies and of the initiation of an interim review or in-depth investigation of the notified concentrations carried out under the directly applicable European Union rules governing foreign subsidies distorting the internal market (9). At the request of the Ministry of Industry and Trade, the Office shall provide the information it has received in connection with this review or investigation concerning the competence of the Ministry of Industry and Trade under the Act governing the examination of foreign investment11).
(2) The employees of the Ministry of Industry and Trade shall be entitled to use the information referred to in paragraph 1 only in connection with the management of proceedings or consultations under the law governing the examination of foreign investments (11) and shall be obliged to maintain confidentiality.
Transfers and remedies
Transfers
(1) The beneficiary, the beneficiary of small-scale aid or the financial intermediary commits an infringement by not submitting to the coordinating authority a document or other information relating to public or small-scale aid pursuant to Article 5 (2) or (3).
(2) The beneficiary shall commit an infringement by failing to provide the coordinating body, the Commission or their authorised person with the necessary synergies pursuant to Article 6.
(3) The financial intermediary commits an infringement by:
(a) not submit a report on the total amount of small-scale aid referred to in Article 3a (4) or inform the Commission of its failure to receive it pursuant to Article 3a (4); or
(b) fails to comply with the obligation imposed by the remedies provided for in Paragraph 8g (2).
(4) The provider or provider of small-scale support shall commit an infringement by not submitting to the coordinating authority a document or other information concerning public or small-scale support pursuant to Article 5 (1), (3) or (4).
(5) The provider commits an infringement by:
(a) does not provide the coordinating authority, the Commission or the person empowered by them with the necessary synergies pursuant to Article 6; or
(b) shall not take any of the necessary measures pursuant to Article 7 (2).
(6) A small scale aid provider commits an infringement by:
(a) does not directly refer to the applicable European Union Regulation (7) in the act or act of granting small-scale aid pursuant to Article 3a (5);
(b) does not register any of the data referred to in Article 3a (5) in the central register; or
(c) fails to comply with the obligation imposed by the remedies provided for in Paragraph 8g (1).
(7) A penalty may be imposed in respect of an offence:
(a) 300 000 CZK if the offence referred to in paragraph 1, 3, 4 or 6 is committed;
(b) 100 000 CZK if it is an offence pursuant to paragraph 2 or paragraph 5 (a);
(c) 1 000 000 CZK if the offence referred to in paragraph 5 (b) is committed.
(1) A person liable under the directly applicable European Union law governing foreign subsidies distorting the internal market (9) shall commit an offence by:
(a) not submit to the Office a document or other information relating to a foreign subsidy or to a foreign subsidy related to the provisions of Paragraph 8a (1); or
(b) it shall not provide the Office, the Commission or their authorised person with the necessary synergies pursuant to Article 8b (1) or (2).
(2) A fine of up to 300 000 CZK may be imposed for the offence referred to in paragraph 1.
Common provisions on infringements
(1) The limitation period under this Act is 3 years.
(2) Transfers under § 8d are discussed by the coordinating body. The Office shall examine the transfers pursuant to Article 8e.
(3) At least one authorised official involved in infringement proceedings under this Act must have a university degree in the Master's study programme Law and Legal Science at a university in the Czech Republic. The provisions of the Act on Liability for Infringements and Proceedings concerning the requirements for the education of authorised officials shall not apply to infringement proceedings under this Act.
(4) Paragraph 32 of the Act on Liability for Infringements and Proceedings does not apply when assessing liability for Infringements under this Act. Paragraph 80 (2) of the Act on Liability for Infringements does not apply to infringement proceedings under this Act.
Measures to remedy
(1) If the coordinating authority finds that a small-scale aid provider has not identified a directly applicable European Union7) in the legal act or act of granting small-scale aid or has not entered in the central register the data on the aid granted and on its beneficiary pursuant to Article 3a (5), it may impose on the aid provider small-scale corrective measures,
(a) subsequently designate the aid granted as small-scale aid, indicating the directly applicable European Union provision under which small-scale aid has been granted; or
(b) record in the central register; to that end, it shall set a reasonable time limit to remedy it.
(2) If the coordinating authority finds that the financial intermediary has failed to comply with the obligation under Article 3a (4), it may impose on it corrective measures consisting of an additional submission of the report; it shall set a reasonable period for that purpose.
(3) The procedure for examining compliance with the obligation under Article 3a (4) and (5) may be initiated by the coordinating authority within a maximum period of 3 years from the date of granting of small scale aid.
Final provisions
Authorisation provisions
The Ministry of Agriculture and the Office shall, by means of implementing legislation, determine the content and scope of the data which a small-scale aid provider is required to record in the central register and the procedure for recording them.
Transitional provisions
(1) In public aid proceedings which were not completed before the date of entry into force of this Act, the Office will decide to terminate the procedure.
(2) Decisions issued by the Authority by the date of entry into force of this Act pursuant to Act No. 59 / 2000 Coll., on Public Aid, as amended by Act No. 130 / 2002 Coll., on Public Aid for Research and Development and on the amendment of certain related laws (Act on Aid for Research and Development) remain in force. Compliance with the conditions laid down in those decisions and the imposition of sanctions related thereto shall be governed by existing legislation.
Repeal
The following shall be deleted:
1. Act No. 59 / 2000 Coll., on Public Aid.
2. Decree No. 435 / 2000 Coll., laying down the details of the information obligation on public aid granted.
Amendment of the Act on Support and Research
In Act No. 130 / 2002 Coll., on the promotion of research and development from public funds and on the amendment of certain related laws (Law on the promotion of research and development), Part Three is deleted.
EFFECTIVE
This Act shall take effect on the date of the entry into force of the Treaty of Accession of the Czech Republic to the European Union.
Zaoralek v. r.
Klaus v. r.
Spindles v. r.
1) Council Regulation (EU) 2015 / 1588 of 13 July 2015 on the application of Articles 107 and 108 of the Treaty on the Functioning of the European Union to certain categories of horizontal State aid (codified version). Council Regulation (EU) 2015 / 1589 of 13 July 2015 laying down detailed rules for the application of Article 108 of the Treaty on the Functioning of the European Union (codified version). Commission Regulation (EC) No 794 / 2004 of 21 April 2004 implementing Council Regulation (EU) 2015 / 1589 laying down detailed rules for the application of Article 108 of the Treaty on the Functioning of the European Union, as amended. Commission Regulation (EU) 2023 / 2831 of 13 December 2023 on the application of Articles 107 and 108 of the Treaty on the Functioning of the European Union to de minimis aid. Commission Regulation (EU) 2023 / 2832 of 13 December 2023 on the application of Articles 107 and 108 of the Treaty on the Functioning of the European Union to de minimis aid granted to undertakings providing services of general economic interest. Commission Regulation (EU) No 717 / 2014 of 27 June 2014 on the application of Articles 107 and 108 of the Treaty on the Functioning of the European Union to de minimis aid in the fisheries and aquaculture sector, as amended. Commission Regulation (EU) No 1408 / 2013 of 18 December 2013 on the application of Articles 107 and 108 of the Treaty on the Functioning of the European Union to de minimis aid in the agricultural sector, as amended.
2) Act No. 552 / 1991 Coll., on State Control, as amended.
3) Act No. 365 / 2000 Coll., on Information Systems of Public Administration and on the amendment of certain other laws, as amended.
4) For example, Act No. 218 / 2000 Coll., on budgetary rules and amending related laws (budgetary rules), as amended, Act No. 250 / 2000 Coll., on budgetary rules of territorial budgets, as amended.
5) For example, Act No. 21 / 1992 Coll., on Banks, as amended, Act No. 363 / 1999 Coll., on Insurance, and on the Amendment to Certain Related Acts (Insurance Act), as amended, Act No. 87 / 1995 Coll., on Savings and Credit Cooperatives, and on Certain Measures related thereto, and on Addition to the Czech National Council Act No. 586 / 1992 Coll., on Income Taxes, as amended.
6) Paragraph 2 (2) of the Commercial Code, as amended by Act No. 85 / 2004 Coll.
7) Commission Regulation (EU) 2023 / 2831 of 13 December 2023 on the application of Articles 107 and 108 of the Treaty on the Functioning of the European Union to de minimis aid. Commission Regulation (EU) No 717 / 2014 of 27 June 2014 on the application of Articles 107 and 108 of the Treaty on the Functioning of the European Union to de minimis aid in the fisheries and aquaculture sector, as amended. Commission Regulation (EU) No 1408 / 2013 of 18 December 2013 on the application of Articles 107 and 108 of the Treaty on the Functioning of the European Union to de minimis aid in the agricultural sector, as amended. Commission Regulation (EU) 2023 / 2832 of 13 December 2023 on the application of Articles 107 and 108 of the Treaty on the Functioning of the European Union to de minimis aid granted to undertakings providing services of general economic interest.
8) Annex III to Commission Regulation (EC) No 794 / 2004 of 21 April 2004 implementing Council Regulation (EC) No 659 / 1999 laying down detailed rules for the application of Article 93 of the EC Treaty.
(9) Regulation (EU) 2022 / 2560 of the European Parliament and of the Council of 14 December 2022 on foreign subsidies distorting the internal market. Commission Implementing Regulation (EU) 2023 / 1441 of 10 July 2023 on detailed rules for conducting proceedings by the Commission pursuant to Regulation (EU) 2022 / 2560 of the European Parliament and of the Council on foreign subsidies distorting the internal market.
10) Commission Regulation (EU) 2023 / 2831 of 13 December 2023 on the application of Articles 107 and 108 of the Treaty on the Functioning of the European Union to de minimis aid.
11) Act No. 34 / 2021 Coll., on the examination of foreign investments and on the amendment of related laws (Act on the examination of foreign investments), as amended.
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Regulation Information
| Citation | Act No. 215 / 2004 Coll., on the modification of certain public aid relations and amending the Act on Research and Development Support |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 28.04.2004 |
|---|---|
| Effective from | 01.05.2004 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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