Act No. 236 / 2012 Coll.
Act amending Act No 215 / 2004 Coll., on the modification of certain relations in the field of public aid and amending the Act on Support for Research and Development, as amended by Act No 109 / 2009 Coll.
Valid
Law
Effective from 01.08.2012
Text versions:
01.08.2012
04.07.2012
236
THE LAW
of 13 June 2012
amending Act No 215 / 2004 Coll., on the adaptation of certain public aid relations and amending the Act on Research and Development Support, as amended by Act No 109 / 2009 Coll.
Parliament has decided on this law of the Czech Republic:
Act No 215 / 2004 Coll., on the adaptation of certain public aid relations and amending the Act on the promotion of research and development, as amended by Act No 109 / 2009 Coll., is amended as follows:
1. Paragraph 1, including the title and footnote 1, reads as follows:
Subject matter
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.
1) Council Regulation (EC) No 994 / 1998 of 7 May 1998 on the application of Articles 92 and 93 of the Treaty establishing the European Community to certain categories of horizontal State aid. Council Regulation (EC) No 659 / 1999 of 22 March 1999 laying down detailed rules for the application of Article 93 of the EC Treaty. 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. Commission Regulation (EC) No 1998 / 2006 of 15 December 2006 on the application of Articles 87 and 88 of the EC Treaty to de minimis aid. Commission Regulation (EC) No 875 / 2007 of 24 July 2007 on the application of Articles 87 and 88 of the EC Treaty to de minimis aid in the fisheries sector and amending Regulation (EC) No 1860 / 2004. Commission Regulation (EC) No 1535 / 2007 of 20 December 2007 on the application of Articles 87 and 88 of the EC Treaty to de minimis aid in the production sector of agricultural products. '
2. Paragraph 2, including footnote 7, reads:
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) aid of a small scale granted under directly applicable European Union legislation on de minimis aid (7);
(c) the public aid provider (hereinafter referred to as the "provider") who decides to grant public aid; where public aid is decided by the Government of the Czech Republic, the provider shall be the Ministry or any other central administrative office which submitted a proposal for public aid or a draft public aid programme 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 the coordinating body of the Ministry of Agriculture or the Office for the Protection of Competition (hereinafter referred to as the Office), which carry out, within the scope of their competence, central coordination, advisory, consultation and monitoring activities in the field of public support;
(h) 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 effect of the aid was acquired on the basis of which the aid of a small scale was granted to the beneficiary.
7) Commission Regulation (EC) No 1998 / 2006 of 15 December 2006 on the application of Articles 87 and 88 of the EC Treaty to de minimis aid. Commission Regulation (EC) No 875 / 2007 of 24 July 2007 on the application of Articles 87 and 88 of the EC Treaty to de minimis aid in the fisheries sector and amending Regulation (EC) No 1860 / 2004. Commission Regulation (EC) No 1535 / 2007 of 20 December 2007 on the application of Articles 87 and 88 of the EC Treaty to de minimis aid in the production sector of agricultural products. '
3. in Article 3 (3) (c):
"(c) submit to the Commission an annual report on public aid granted in the Czech Republic;"
4. in Article 3 (3), the following points (h) to (j) are inserted after point (g):
"(h) 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;
(i) examine compliance with the obligation under Article 3a (4) and impose corrective measures;
(j) conduct the proceedings referred to in Article 8c (2); ';
Points (h) and (i) shall be renumbered as points (k) and (l).
5. in Articles 3 (3) (k) and 3a (3) (b), the words "the European Communities" shall be replaced by the words "the European Union";
6. In Article 3a (3) of the Introductory Part of the provision, the words "small-scale aid 'shall be inserted after the words" Provider'.
7. in Article 3a (3) (a), the words "small-scale aid" and "European Communities" shall be inserted after the words "beneficiaries";
8. Paragraph 3a (4) reads as follows:
"(4) The small-scale aid provider shall indicate in the legal act the name of the directly applicable European Union law under which small-scale aid has been granted (7); within 5 working days of the date of granting of the aid, the small-scale aid provider shall record in the central register the details of the small-scale aid granted and the beneficiary thereof. ';
9. in Article 5 (1) (a), the words' outside agriculture and fisheries' are deleted and the words' outside agriculture and fisheries; the details of compliance with this obligation shall be laid down in the implementing legislation 'shall be replaced by the words'; the information which the provider is obliged to submit to the coordinating authority shall be directly applicable to the European Union8) 'and the sentence "The information shall be added to the provider must send to the coordinating authority even if he has not paid any funds in the context of the notified public aid in that year';
footnote 8:
"(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."
10. The following Section 6a is inserted after Section 6:
Silence
The staff of the coordinating body carrying out the activity, in which they become aware of a matter of business secrecy or confidential information, shall be obliged to remain confidential. This obligation shall continue after the end of their employment 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 written 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 that case, the beneficiary shall ensure the same level of confidentiality of information and data as the donor. The Head of the coordinating body or the authorised staff shall decide on the waiver and scope of confidentiality. ';
11. The heading above § 8a reads: "Administrative misconduct."
12. In Paragraph 8a (2) of the Introductory Part of the provision, the words "or a small scale aid provider 'shall be inserted after the words" as a provider'.
13. in Article 8a (2), the following point (a) is inserted:
"(a) shall not indicate the name of the directly applicable European Union law in the legal act granting small-scale aid pursuant to Article 3a (4);"
Points (a) to (c) shall be renumbered (b) to (d).
14. in Paragraph 8a (2) (c), the word "or" shall be deleted;
15. In Paragraph 8a, at the end of paragraph 2, the dot is replaced by "or 'and the following point (e) is added:
"(e) within the prescribed time limit, it fails to fulfil the obligation imposed by the remedies provided for in Paragraph 8c."
16. the words "or (b)" shall be added at the end of Article 8a (3).
17. in Article 8a (3), the following point (b) is inserted after point (a):
"(b) up to CZK 200,000, if it is an administrative offence under paragraph 2 (e),"
Points (b) and (c) shall be renumbered (c) and (d).
18. in Paragraph 8a (3) (c), "(b)" is replaced by "(c)";
19. in Article 8a (3) (d), "(c)" is replaced by "(d)";
20. The following Section 8c is inserted after Section 8b:
Measures to remedy
(1) Where the coordinating authority finds that a small-scale aid provider has not indicated the name of the directly applicable European Union law in the legal act granting small-scale aid or has not entered in the central register the data on the aid granted and the beneficiary referred to in Article 3a (4), it may impose corrective measures on the provider,
(a) an obligation to designate the aid granted retrospectively as small-scale aid; or
(b) the obligation to record the central register;
to that end, it shall set a reasonable time limit to remedy it.
(2) The procedure for examining compliance with the obligation under Article 3a (4) may be initiated by the coordinating authority within a maximum of 3 years from the date of granting of small-scale aid. ';
21. in Paragraph 8b, paragraph 6 shall be deleted;
22. in Paragraph 9 (1), the words "coordinating authority" shall be replaced by the words "Ministry of Agriculture and the Office" and the words "form and content of compliance with the information obligations of providers referred to in Article 5 (1) (a)" shall be replaced by the words "content and extent of data which a small scale aid provider is obliged to record in the central register and the procedure for recording them."
23. Paragraph 9 (2) and (3) are deleted and paragraph 1 is deleted.
Repeal
Decree No 207 / 2005 Coll., on the form and content of the information obligation to grant public aid, is hereby repealed.
Efficacy
That law shall take effect on the first day of the calendar month following its publication.
Germany
Klaus v. r.
Nausea v. r.
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Regulation Information
| Citation | Act No. 236 / 2012 Coll., amending Act No. 215 / 2004 Coll., on the adaptation of certain public aid relations and amending the Act on Research and Development Support, as amended by Act No. 109 / 2009 Coll. |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 04.07.2012 |
|---|---|
| Effective from | 01.08.2012 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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