Decree No. 217 / 2006 Coll.
Decree implementing the concession law
Valid
Effective from 01.07.2006
217
DECLARATION
of 15 May 2006
implementing the concession law
The Ministry of Local Development, in cooperation with the Ministry of Finance, provides, pursuant to § 34 paragraph 1 of Act No. 139 / 2006 Coll., on concession contracts and concession procedures (concession law):
Estimated value of the subject matter of the concession contract
The estimated value of the subject matter of the concession contract shall be the estimated value of the expenditure incurred in implementing the subject matter of the concession contract during the forecast duration of the concession contract.
Estimated concessionary income
(1) The concessionaire's expected income shall be the sum of the concessionaire's expected income from the implementation of the subject matter of the concession contract in each year for the duration of the envisaged contract; in calculating the concessionaire's expected income, the procedure set out in Annex 1 to this Decree shall be followed.
(2) The expected income of the concessionaire shall be calculated at the beginning of the anticipated validity of the concession contract.
Concession project
(1) The Concession Project shall include at least:
(a) the identification of the objective needs of the contracting authority, including the definition of the desired objectives to meet those needs;
(b) a description of the possible means of ensuring the needs of the contracting authority, including their economic assessment, and a recommendation of the most favourable option for the contracting authority; it also contains a description of economic and other consequences in the event that the need would not be realised at all,
(c) an analysis of the methods of implementation of the recommended variant.
(2) An analysis of the methods of implementation of the recommended variant contains at least two forms of solution, comparing the advantages of the provision of the service or execution of the work under the concession law with that of the service or execution of the work in a different form. The comparable variants must be processed in the same range and breakdown to ensure their full comparability. If the provision of the service or execution of the work is not excluded from the scope of the Public Procurement Act (1), one of the comparable forms of solutions is always a public contract.
(3) The analysis of the methods of implementation of the recommended variant referred to in paragraph 2 shall show the expected financial flows of the different forms of the solution and whether it is appropriate and economically advantageous for contracting entities to provide the service or to carry out the work under the concession law.
If, on the basis of an analysis of the methods of implementation of the recommended option pursuant to § 3 (2) and (3) on the recommendation of a solution under the concession law, the concession project also contains at least:
(a) a detailed description of the service provided by the concessionaire and the intended way of providing it, or a detailed description of the work carried out by the concessionaire and the intended way of implementing it;
(b) the envisaged funds necessary for the implementation of the subject matter of the concession contract, including a description of the expected financial flows during the execution of the subject matter of the concession contract;
(c) the sum of the expected expenditure incurred in implementing the subject-matter of the concession contract in each year for the duration of the contract; the calculation of this amount shall be treated in a similar manner to the calculation of the concessionaire's expected income under Section 2;
(d) the definition of the way in which the property is disposed of by the contracting authority, where that property is intended for the purpose of implementing the subject matter of the concession contract;
(e) the expected timetable for the implementation of the subject matter of the concession contract;
(f) the payment conditions envisaged, in particular with regard to the performance of the concessionaire's obligations;
(g) an assessment of any economic and legal effects on the parties at the end of the concession contract;
(h) the envisaged timetable for the concession procedure.
Form models
(1) In order to publish the notice of initiation of the concession procedure, with the exception of the above-limit concession contracts for construction, the contracting authority shall use the form set out in Annex 2 to this decree.
(2) For the entry of a concession contract in the register of concession contracts, the contracting authority shall use the form set out in Annex 3 to this decree.
Efficacy
This Decree shall take effect on 1 July 2006.
Minister:
Mgr. Martínek v. r.
Příloha č. 1
Annex No 1 to Decree No. 217 / 2006 Coll.
PRESENTED REVENUE OF CONCESSION
For the purposes of this decree, an annual real discount rate of 3% (r) shall be used to calculate the present value. For the purposes of this decree, "n" means the years foreseen for the concession contract and "T" the last year of the concession contract.
Estimated concessionary income
| Rok předpokládané platnosti koncesní smlouvy | Předpokládaný příjem koncesionáře v daném roce (v tisících Kč) | Diskontní koeficient 1/(1+r)^n | Současná hodnota předpokládaného příjmu koncesionáře v daném roce (v tisících Kč) |
| (n) | a. | b. | a.* b. |
| 1 | 0,9709 | ||
| 2 | 0,9426 | ||
| 3 | 0,9151 | ||
| 4 | 0,8885 | ||
| 5 | 0,8626 | ||
| 6 | 0,8375 | ||
| 7 | 0,8131 | ||
| 8 | 0,7894 | ||
| 9 | 0,7664 | ||
| 10 | 0,7441 | ||
| 11 | 0,7224 | ||
| 12 | 0,7014 | ||
| 13 | 0,6810 | ||
| 14 | 0,6611 | ||
| 15 | 0,6419 | ||
| 16 | 0,6232 | ||
| 17 | 0,6050 | ||
| 18 | 0,5874 | ||
| 19 | 0,5703 | ||
| 20 | 0,5537 | ||
| 21 | 0,5375 | ||
| 22 | 0,5219 | ||
| 23 | 0,5067 | ||
| 24 | 0,4919 | ||
| 25 | 0,4776 | ||
| 26 | 0,4637 | ||
| 27 | 0,4502 | ||
| 28 | 0,4371 | ||
| 29 | 0,4243 | ||
| 30 | 0,4120 | ||
| ... | dopočet dle 1/(1+r)^n | ||
| Σ | |||
All revenues are shown at fair value (i.e. at the price level of the year envisaged by the concession contract, without inflation adjustment in each year) excluding value added tax.
Příloha č. 2
Annex No 2 to Decree No. 217 / 2006 Coll.
Notice of initiation of a concession procedure with the exception of over-limit concession contracts for construction works
Příloha č. 3
Annex No. 3 to Decree No. 217 / 2006 Coll.
Entry of a concession contract into the register of concession contracts
1) Act No. 137 / 2006 Coll., on Public Procurement.
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Regulation Information
| Citation | Decree No. 217 / 2006 Coll., implementing the concession law |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 02.06.2006 |
|---|---|
| Effective from | 01.07.2006 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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