What is Act No. 223 / 2009 Coll.?

Act No. 223 / 2009 Coll., amending certain laws in connection with the adoption of the Act on the Free Movement of Services — Law amending certain laws in connection with the adoption of the Law on the Free Movement of Services.

When it became Act No. 223 / 2009 Coll. effectiveness?

Act No. 223 / 2009 Coll. became effective 28.12.2009.

Is Act No. 223 / 2009 Coll. still valid?

Yes, Act No. 223 / 2009 Coll. is still valid and effective.

How many times was it Act No. 223 / 2009 Coll. amended?

Act No. 223 / 2009 Coll. has 10 time versions of the text.

Act No. 223 / 2009 Coll. - Law amending certain laws in connection...

223

THE LAW

of 17 June 2009

amending certain laws in connection with the adoption of the Law on the Free Movement of Services

Parliament has decided on this law of the Czech Republic:

ČÁST DRUHÁ

Amendment to the Act on State Monument Care

Čl. III

Act No. 20 / 1987 Coll., on State Heritage Care, as amended by Act No. 242 / 1992 Coll., Act No. 361 / 1999 Coll., Act No. 122 / 2000 Coll., Act No. 132 / 2000 Coll., Act No. 146 / 2001 Coll., Act No. 320 / 2002 Coll., Act No. 18 / 2004 Coll., Act No. 186 / 2004 Coll., Act No. 203 / 2006 Coll., Act No. 158 / 2007 Coll., Act No. 124 / 2008 Coll., Act No. 189 / 2008 Coll. and Act No. 307 / 2008 Coll., is amended as follows:

1. In Article 14a (7), the words "and the period for which authorisation is granted 'are deleted.

2. in Paragraph 14a (8) (b), the words "and the period for which the permit for restoration was granted" shall be deleted;

Čl. IV

Transitional provision

Proceedings initiated before and until the date of entry into force of this Act shall be completed and the rights and obligations relating thereto shall be assessed in accordance with existing legislation.

ČÁST TŘETÍ

Amendment of the Mining Act, Explosives and State Mining Administration

Čl. V

Act No. 61 / 1988 Coll., on Mining Activities, Explosives and State Mining Administration, as amended by Act No. 425 / 1990 Coll., Act No. 542 / 1991 Coll., Act No. 169 / 1993 Coll., Act No. 128 / 1999 Coll., Act No. 71 / 2000 Coll., Act No. 124 / 2000 Coll., Act No. 315 / 2001 Coll., Act No. 206 / 2002 Coll., Act No. 320 / 2002 Coll., Act No. 213 / 2003 Coll., Act No. 342 / 2006 Coll., Act No. 296 / 2007 Coll., Act No. 386 / 2005 Coll., Act No. 186 / 2006 Coll.

1. In Article 5, the following paragraph 5 is added:

"(5) The authorisation for mining activities and activities carried out in a mining way also arises through the futile expiry of the deadline and in accordance with § 28 to 30 of the Act on the Free Movement of Services. '

2. In Paragraph 35 (1) (b), "24 'is replaced by" 21'.

Čl. VI

Transitional provision

Proceedings initiated before and until the date of entry into force of this Act shall be completed and the rights and obligations relating thereto shall be assessed in accordance with existing legislation.

ČÁST ČTVRTÁ

Amendment to the Geological Labour Act

Čl. VII

In Act No. 62 / 1988 Coll., on Geological Works, as amended by Act No. 543 / 1991 Coll., Act No. 366 / 2000 Coll., Act No. 320 / 2002 Coll., Act No. 18 / 2004 Coll., Act No. 3 / 2005 Coll., Act No. 444 / 2005 Coll., Act No. 186 / 2006 Coll. and Act No. 124 / 2008 Coll., the following Section 3a is inserted after Section 3:

„§ 3a

The certificate of professional competence of the responsible surveyor of the geological work referred to in § 3 (3) shall also be issued by the futile expiry of the period and in accordance with § 28 to 30 of the Law on the Free Movement of Services. The Ministry shall decide on the application for certification within 3 months of the date of receipt of the application. '.

Čl. VIII

Transitional provision

Proceedings initiated before and until the date of entry into force of this Act shall be completed and the rights and obligations relating thereto shall be assessed in accordance with existing legislation.

ČÁST PÁTÁ

Amendment to the Metrology Act

Čl. IX

Act No. 505 / 1990 Coll., on Metrology, as amended by Act No. 119 / 2000 Coll., Act No. 13 / 2002 Coll., Act No. 137 / 2002 Coll., Act No. 226 / 2003 Coll., Act No. 444 / 2005 Coll. and Act No. 481 / 2008 Coll., is amended as follows:

1. In Paragraph 19, the present text becomes paragraph 1 and the following paragraph 2 is added:

"(2) The registration referred to in paragraph 1 shall also be made by the futile expiry of the period and in accordance with § 28 to 30 of the Law on the Free Movement of Services."

2.

„§ 20

Calibration services centres

The Authority shall, upon request, entrust the body with a calibration service centre for calibration of measuring instruments for other bodies and assign a calibration mark to it. The graphical form of the calibration mark shall be determined by the Ministry by decree. This mandate shall be granted by the Authority if the applicant demonstrates his competence to carry out the calibration of measuring instruments by a certificate issued under special legislature2c. The authorisation for calibration is also due to the futile expiry of the deadline and in accordance with § 28 to 30 of the Act on the Free Movement of Services. '

Čl. X

Transitional provision

Proceedings initiated before and until the date of entry into force of this Act shall be completed and the rights and obligations relating thereto shall be assessed in accordance with existing legislation.

ČÁST ŠESTÁ

Amendment of the Commercial Offices Act

Čl. XI

Act No. 570 / 1991 Coll., on Trade Unions, as amended by Act No. 286 / 1995 Coll., Act No. 132 / 2000 Coll., Act No. 320 / 2002 Coll., Act No. 284 / 2004 Coll., Act No. 70 / 2006 Coll. and Act No. 214 / 2006 Coll., is amended as follows:

1. In Section 2, the following paragraph 4 is added:

"(4) The municipal trade office shall act as a single point of contact in accordance with the special legislation 5h).

5h) Act No 222 / 2009 Coll., on the free movement of services. '.

2. in Article 3 (1) (a), the words "and points of single contact" shall be inserted after the words "central registration points."

ČÁST SEDMÁ

Amendment of the Nature and Landscape Conservation Act

Čl. XII

Act No. 114 / 1992 Coll., on the Conservation of Nature and Landscape, as amended by Act No. 347 / 1992 Coll., Act No. 289 / 1995 Coll., the Constitutional Court found under Act No. 3 / 1997 Coll., Act No. 16 / 1997 Coll., Act No. 123 / 1998 Coll., Act No. 161 / 1999 Coll., Act No. 238 / 1999 Coll., Act No. 132 / 2000 Coll., Act No. 167 / 2008 Coll., Act No. 76 / 2002 Coll., Act No. 320 / 2002 Coll., Act No. 186 / 2006 Coll., Act No. 222 / 2006 Coll., Act No. 218 / 2004 Coll.

1. In Paragraph 45i (3), the fourth sentence is replaced by the sentence "Authorisation is granted for a period of 5 years and is repeatedly extended by a further 5 years under the conditions laid down in the implementing legislation."

2. In Paragraph 45i (3), the fifth sentence "the conditions for the extension of authorisation 'is deleted.

3. In Paragraph 45i, at the end of paragraph 3, the sentence "Authorization to activities pursuant to § 45h and 67 shall also be completed by the futile expiry of the period and in accordance with § 28 to 30 of the Law on the Free Movement of Services."

4. In Paragraph 67 (1), the second sentence is deleted.

Čl. XIII

Transitional provision

Proceedings initiated before and until the date of entry into force of this Act shall be completed and the rights and obligations relating thereto shall be assessed in accordance with existing legislation.

ČÁST OSMÁ

Amendment of the Tax Advice Act and the Chamber of Tax Advisers of the Czech Republic

Čl. XIV

In Article 5 (11) of Act No. 523 / 1992 Coll., on Tax Advice and Chamber of Tax Advisers of the Czech Republic, as amended by Act No. 189 / 2008 Coll., the words "3 months' are replaced by the words" 20 days'.

Čl. XV

Transitional provision

Proceedings initiated before and until the date of entry into force of this Act shall be completed and the rights and obligations relating thereto shall be assessed in accordance with existing legislation.

ČÁST DEVÁTÁ

Amendment to the Geometry Act

Čl. XVI

In Article 12 of Act No. 200 / 1994 Coll., on Geometry, and amending and supplementing certain laws related to its implementation, as amended by Act No. 186 / 2001 Coll., the following paragraph 2 is inserted after paragraph 1:

"(2) The cross-border provision of services in the Czech Republic by a foreign natural person referred to in paragraph 1 shall be possible only on the basis of official authorisation. '

Paragraphs 2 and 3 shall become paragraphs 3 and 4.

ČÁST DESÁTÁ

Amendment to the Forest Act

Čl. XVII

Act No. 289 / 1995 Coll., on Forests and amending and supplementing certain laws (Forest Act), as amended by Act No. 238 / 1999 Coll., Act No. 67 / 2000 Coll., Act No. 132 / 2000 Coll., Act No. 76 / 2002 Coll., Act No. 320 / 2002 Coll., Act No. 149 / 2003 Coll., Act No. 1 / 2005 Coll., Act No. 444 / 2005 Coll., Act No. 186 / 2006 Coll., Act No. 222 / 2006 Coll., Act No. 267 / 2006 Coll., Act No. 124 / 2008 Coll., and Act No. 167 / 2008 Coll., is amended as follows:

1. In Paragraph 44, at the end of paragraph 1, the sentence "If the licence holder fulfils the conditions set out in Sections 41, 42 and 43, the State administration of the forest shall decide, on the basis of a request by the licence holder at the latest 2 months before the end of the period of validity of the licence, to extend its period of validity. '

2. In Paragraph 44 (2) (b), the words "trade name 'are replaced by the words" business name'.

3. in Articles 44 (2) (d) and 44 (3) (d), the words "and its time range" shall be deleted;

4. In Article 44 (3) (a), the words "trade name 'are replaced by the words" trade name'.

5. In Article 44, paragraphs 6 and 7 are added, including footnote 23b:

"(6) The licence is granted for a period of 10 years. The validity of the licence shall be extended for a further 10 years if the licence holder so requests. In the application for an extension of the licence, the applicant shall communicate:

(a) if the natural person, name and surname, permanent residence, birth number, otherwise the date of birth, identity card number, if assigned; the business firm, if it is engaged under this trading firm; citizenship of the Czech Republic or citizenship of a Member State of the European Union; the identification number, if assigned, the licence number and its subject matter,

(b) if the legal person, business firm or name, registered office and legal form of the applicant, the name and surname and permanent residence of the person or persons who are the statutory authority of the applicant is the identification number, the personal data of the representative (§ 41 (3)), the licence number and its subject matter.

(7) The authority of the State Administration of the Forests is entitled to verify the integrity of the applicant or his responsible representative (§ 41 (3)) by requesting an extract from the record of the Register of Penalties under the special legislature23b). An application for an extract from the Register of Penalties and an extract from the Register of Penalties shall be sent in electronic form in a way that allows remote access.

23b) Act No. 269 / 1994 Coll., on the Register of Penalties, as amended. '

Čl. XVIII

Transitional provision

Proceedings initiated before and until the date of entry into force of this Act shall be completed and the rights and obligations relating thereto shall be assessed in accordance with existing legislation.

ČÁST JEDENÁCTÁ

Amendment of the Atomic Law

Čl. XIX

Act No. 18 / 1997 Coll., on the Peaceful Use of Nuclear Energy and Ionising Radiation (Atomic Act) and on the Amendment and Addition of Certain Acts, as amended by Act No. 83 / 1998 Coll., Act No. 71 / 2000 Coll., Act No. 132 / 2000 Coll., Act No. 13 / 2002 Coll., Act No. 253 / 2002 Coll., Act No. 320 / 2002 Coll., Act No. 279 / 2003 Coll., Act No. 186 / 2004 Coll., Act No. 296 / 2007 Coll., Act No. 124 / 2008 Coll., Act No. 189 / 2008 Coll., and Act No. 274 / 2008 Coll., Act No. 186 / 2006 Coll.

1. In Article 9, the following paragraph 3 is added:

"(3) The activities referred to in paragraph 1, with the exception of those referred to in paragraph 1 (i), (n) and (r), are not services under the Law on the Free Movement of Services. The authorisation referred to in paragraph 1 shall also be required for activities carried out by persons having their head office or permanent residence in the territory of another Member State of the European Union and holding an authorisation to carry out such activities in that State. ';

2. in Article 10 (1) (a), the words "have reached the age of 21," and in Article 10 (1) (b), the words "have reached the age of 21," shall be deleted.

3. in Paragraph 14 (3) (e), "60" is replaced by "90."

4. In Paragraph 14, the following paragraph 5 is added:

"(5) Authorisations for activities under § 9 (1) (i), (n) and (r) are also issued by the futile expiry of the period and in accordance with § 28 to 30 of the Freedom to Movement of Services Act."

5. In Article 15 (1), the words "; the authorisation referred to in Article 9 (1) (b), (e), (f), (h), (i), (n), (r) and (s) shall be issued by the Office for an indefinite period 'shall be added at the end of the text in point (d).

6. in Article 16 (6) (c):

"(c) in the case of an authorisation pursuant to Article 9 (1) (a), (c), (d), (g), (j) to (m), (o) and (p), the expiry of the period for which it was granted;"

Čl. XX

Transitional provision

Proceedings initiated before and until the date of entry into force of this Act shall be completed and the rights and obligations relating thereto shall be assessed in accordance with existing legislation.

ČÁST DVANÁCTÁ

Amendment of the Act on certain measures related to the prohibition of chemical weapons

Čl. XXI

Act No. 19 / 1997 Coll., on certain measures related to the prohibition of chemical weapons and amending and supplementing Act No. 50 / 1976 Coll., on Territorial Planning and Construction Regulations (Construction Act), as amended, Act No. 455 / 1991 Coll., on Commercial Enterprise (Trade Code Act), as amended, and Act No. 140 / 1961 Coll., Criminal Act, as amended, Act No. 249 / 2000 Coll., Act No. 356 / 2003 Coll., Act No. 186 / 2006 Coll., Act No. 124 / 2008 Coll., Act No. 138 / 2008 Coll., and Act No. 41 / 2009 Coll., is amended as follows:

1. In Section 2, at the end of the text in point (j), the words "; treatment of specified substances is not a service under the Law on the Free Movement of Services' are added.

2. in Article 10 (2), point (a) is deleted;

Points (b) to (g) shall be renumbered as points (a) to (f).

3. Paragraph 12 (1) shall be replaced by a dot at the end of point (e) and point (f) shall be deleted.

4. In Paragraph 13 (3), the comma at the end of point (e) is replaced by a dot and point (f) is deleted.

5. in Paragraph 14 (1), point (a) shall be deleted;

Points (b) and (c) shall become points (a) and (b).

Čl. XXII

Transitional provision

Proceedings initiated before and until the date of entry into force of this Act shall be completed and the rights and obligations relating thereto shall be assessed in accordance with existing legislation.

ČÁST TŘINÁCTÁ

Amendment to the Veterinary Care Act

Čl. XXIII

In Article 64 (1) of Act No. 166 / 1999 Coll., on Veterinary Care, as amended by Act No. 48 / 2006 Coll. and Act No. 182 / 2008 Coll., in the introductory part of the provision, the sentence "Authorization for the operation of a private veterinary technique also arises by the futile expiry of the period of time and in accordance with § 28 to 30 of the Act on the free movement of services."

Čl. XXIV

Transitional provision

Proceedings initiated before and until the date of entry into force of this Act shall be completed and the rights and obligations relating thereto shall be assessed in accordance with existing legislation.

ČÁST ČTRNÁCTÁ

Amendment of the Insurance Act

Čl. XXV

Act No. 363 / 1999 Coll., on Insurance, as amended by Act No. 159 / 2000 Coll., Act No. 316 / 2001 Coll., Act No. 12 / 2002 Coll., Act No. 126 / 2002 Coll., Act No. 39 / 2004 Coll., Act No. 257 / 2004 Coll., Act No. 377 / 2005 Coll., Act No. 381 / 2005 Coll., Act No. 413 / 2005 Coll., Act No. 444 / 2005 Coll., Act No. 57 / 2006 Coll., Act No. 70 / 2006 Coll., Act No. 296 / 2007 Coll., Act No. 124 / 2008 Coll., Act No. 126 / 2008 Coll., Act No. 137 / 2008 Coll., Act No. 254 and Act No. 254, is amended as follows:

1. In Article 23, at the end of paragraph 5, the sentence "The authorisation for the activity of the actuarial officer responsible is also due to the futile expiry of the period and in accordance with § 28 to 30 of the Act on the free movement of services."

2. In Paragraph 30 (4), the second sentence is replaced by the following: "In this list, the Czech National Bank shall only enter a person who is fully competent to legal acts that satisfy the conditions of credibility under § 10a and is appropriately qualified. The right to the activity of a forced administrator shall also arise from the futile expiry of the period and in accordance with § 28 to 30 of the Law on the Free Movement of Services. '

3. In Paragraph 30 (4), the last sentence is deleted.

4. The third sentence of Paragraph 37 (1) is replaced by the following: "The Czech National Bank shall enter in this list a natural person who is fully eligible for legal acts which fulfil the conditions of credibility under § 10a or a legal person who fulfils the conditions of credibility under § 10b and who is qualified in the field governed by this law."

5. In Paragraph 37 (1), after the third sentence, the sentence "The authorisation for the activity of a liquidator is also due to the futile expiry of the period and in accordance with § 28 to 30 of the Law on the Free Movement of Services."

Čl. XXVI

Transitional provision

Proceedings initiated before and until the date of entry into force of this Act shall be completed and the rights and obligations relating thereto shall be assessed in accordance with existing legislation.

ČÁST SEDMNÁCTÁ

Amendment of the law on the acquisition and improvement of professional competence for motor vehicles

Čl. XXX

Act No. 247 / 2000 Coll., on the acquisition and improvement of professional competence to drive motor vehicles and on amendments to certain laws, as amended by Act No. 478 / 2001 Coll., Act No. 175 / 2002 Coll., Act No. 320 / 2002 Coll., Act No. 411 / 2005 Coll., Act No. 374 / 2007 Coll., Act No. 124 / 2008 Coll. and Act No. 384 / 2008 Coll., is amended as follows:

1. In Article 2, the following paragraph 4 is added:

"(4) The municipal authority of the municipality with extended scope shall decide on the registration to operate the driving school within 60 days. '

2. In Article 4, the following paragraph 3 is added:

"(3) The right to practice a driving school shall also arise from the futile expiry of the period and in accordance with § 28 to 30 of the Law on the Free Movement of Services. '

Čl. XXXI

Transitional provision

Proceedings initiated before and until the date of entry into force of this Act shall be completed and the rights and obligations relating thereto shall be assessed in accordance with existing legislation.

ČÁST OSMNÁCTÁ

Amendment of the Act on Information Systems of Public Administration

Čl. XXXII

Act No. 365 / 2000 Coll., on Information Systems of Public Administration and amending certain other related laws, as amended by Act No. 517 / 2002 Coll., Act No. 413 / 2005 Coll., Act No. 444 / 2005 Coll., Act No. 70 / 2006 Coll., Act No. 81 / 2006 Coll., Act No. 110 / 2007 Coll., Act No. 269 / 2007 Coll. and Act No. 130 / 2008 Coll., are amended as follows:

1. In Article 6 (1), the words "or physical 'shall be inserted after the words" legal'.

2. In Section 6 (2) of the introductory part of the provision, the words "legal person 'are deleted.

3. In Article 6 (2), the words "if it is a legal person," shall be added at the end of the text in point (a).

4. In Article 6, at the end of paragraph 3, the sentence "The applicant shall also be accredited by the futile expiry of the period and in accordance with § 28 to 30 of the Law on the Free Movement of Services."

5. in Paragraph 6b, the following paragraph 4 is inserted after paragraph 3:

"(4) The Attestation Centre shall be responsible for carrying out the attestations also by the futile expiry of the period and in accordance with § 28 to 30 of the Law on the Free Movement of Services. '

Paragraph 4 shall become paragraph 5.

6. In Article 6b, the sentence "The Ministry shall, by decision, extend the period for which the authorisation to carry out the tests has been granted by a maximum of 5 years, even repeatedly, if the attestation centre fulfils the conditions laid down in paragraph 2. 'is added at the end of paragraph 5.

7. In the title of Section 7, the words "and business physical 'shall be inserted after the words" legal'.

Čl. XXXIII

Transitional provision

Proceedings initiated before and until the date of entry into force of this Act shall be completed and the rights and obligations relating thereto shall be assessed in accordance with existing legislation.

Citation	Act No. 223 / 2009 Coll., amending certain laws in connection with the adoption of the Act on the Free Movement of Services
Regulation Type	Law
Author	-
Collection	Code of Laws

Date of Promulgation	20.07.2009
Effective from	28.12.2009
Effective until	-
Status	Valid

Act No. 223 / 2009 Coll.

Law amending certain laws in connection with the adoption of the Law on the Free Movement of Services

Contents

ČÁST DRUHÁ

Čl. III

Čl. IV

ČÁST TŘETÍ

Čl. V

Čl. VI

ČÁST ČTVRTÁ

Čl. VII

„§ 3a

Čl. VIII

ČÁST PÁTÁ

Čl. IX

„§ 20

Čl. X

ČÁST ŠESTÁ

Čl. XI

ČÁST SEDMÁ

Čl. XII

Čl. XIII

ČÁST OSMÁ

Čl. XIV

Čl. XV

ČÁST DEVÁTÁ

Čl. XVI

ČÁST DESÁTÁ

Čl. XVII

Čl. XVIII

ČÁST JEDENÁCTÁ

Čl. XIX

Čl. XX

ČÁST DVANÁCTÁ

Čl. XXI

Čl. XXII

ČÁST TŘINÁCTÁ

Čl. XXIII

Čl. XXIV

ČÁST ČTRNÁCTÁ

Čl. XXV

Čl. XXVI

ČÁST SEDMNÁCTÁ

Čl. XXX

Čl. XXXI

ČÁST OSMNÁCTÁ

Čl. XXXII

Čl. XXXIII

Contents

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