Decree No. 238 / 2006 Coll.
Order laying down the details of the content of the application for a previous opinion on the conclusion of a concession contract or contract and on the amendment of a contract concluded under the concession law
Valid
Order
Effective from 01.07.2006
Text versions:
01.07.2006
31.05.2006
238
DECLARATION
of 17 May 2006
laying down the details of the content of the application for a prior opinion on the conclusion of a concession contract or contract and on the amendment of a concluded concession contract or contract under the concession law
The Ministry of Finance provides pursuant to § 34 (2) of Act No. 139 / 2006 Coll., on concession contracts and concession procedures (concession law):
Details of the content of the application for a previous opinion on the conclusion of a concession contract or contract under Paragraph 1 (2) of the concession law
(1) A request from a local authority, a contribution organisation in respect of which the function of the body is exercised by a local authority or by another legal person pursuant to § 2 (1) (d) of the concession law, if the local authority is in a position under § 2 (1) (d) (2) (2) of the concession law (hereinafter "the applicant"), on the previous opinion of the Ministry of Finance on the conclusion of a concession contract or contract under § 1 (2) of the concession law (hereinafter "the concession contract"), contains the selected elements of the concession contract, including an economic analysis of their impact, namely:
(a) the definition of the subject matter of the concession contract;
(b) in the case of a concessionaire or of a selected tenderer (hereinafter referred to as "the concessionaire"), where the legal person, business name or name, registered office, legal form and identification number,
(c) in the case of a dealer, if he is a natural person, the name, surname or, where applicable, business name, place of business or permanent residence, if different from the place of business, and the identification number;
(d) the estimated value of the subject matter of the concession contract;
(e) the anticipated income of the concessionaire;
(f) the amount of the applicant's financial obligations resulting from the concession contract, including the amount of the individual payments and their timing, and, where appropriate, the amount and manner in which the concessionaire's obligations related to the applicant's concession contract are secured;
(g) other obligations of the applicant resulting from the implementation of the subject matter of the concession contract;
(h) the rights of the applicant resulting from the implementation of the subject matter of the concession contract;
(i) the amount of the service paid by the licensee to the applicants or their limits where the concession contract results in their existence and the method of determining them;
(j) the amount of the payments made by the concessionaires directly from the users or their limits where the concession contract gives rise to the right to collect such payments and the method of determining them;
(k) the period for which the concession contract is concluded;
(l) a description of the risk distribution between contracting entities and dealers;
(m) the measurement of the fair value of the assets and the definition of the resources used, including their amount, on which the individual assets are acquired where the formation of those assets results from a concession contract;
(n) the definition of the legal relations of the Contracting Parties with the assets which are intended to implement the subject matter of the concession contract throughout the duration of the contract;
(o) the manner in which the obligations arising from the concession contract are settled;
(p) the conditions for the termination of the concession contract and the consequences of the termination of the concession contract for the applicant.
(2) The application for a prior opinion from the Ministry of Finance on the conclusion of a concession contract by the local authority is accompanied by:
(a) a decision by the local authorities (hereinafter referred to as "the councillor") on the approval of a concession project (Section 22 of the concession law), subject to a significant concession contract;
(b) the last two sub-committees discussed and approved by the final accounts of the local authority, including reports of the results of the farm review;
(c) the last representative approved by the budgetary perspective (1).
(3) The application of a contributory organisation for which the body functions as a body of a local authority and the application of another legal entity pursuant to § 2 (1) (d) of the concession law, where the local authority is in a position under § 2 (1) (d) (2) of the concession law, is accompanied by the prior opinion of the Ministry of Finance on the conclusion of the concession contract, is accompanied by:
(a) the Council's decision to approve the concession project (Section 22 of the concession law), if relevant,
(b) the sound financial statements prepared for the financial year preceding the date of the request for a previous opinion.
Details of the content of the application for a previous opinion on the modification of the contract concluded
(1) The applicant's request for the prior opinion of the Ministry of Finance on the amendment of the concluded concession contract (hereinafter referred to as the "amendment opinion") includes a proposal for a modification of the concession contract and an evaluation of its impact on the selected elements of the contract concluded.
(2) The application for an opinion on the amendment by the local authority for an opinion shall be accompanied by:
(a) the decision of the Board to approve the contract concluded;
(b) the contract concluded;
(c) the last two sub-committees discussed and approved by the final accounts of the local authority, including reports of the results of the farm review;
(d) the last representative approved by the budget1).
(3) The application of a contributory organisation in respect of which the body acts as the body of the body of the establishment and the application of another legal entity under Paragraph 2 (1) (d) of the concession law, if the body is in a position under Paragraph 2 (1) (d) (2) of the concession law, is accompanied by an opinion on the amendment.
(a) the decision of the Board to approve the contract concluded;
(b) the contract concluded;
(c) the sound financial statements prepared for the financial year preceding the date of the request for an opinion on the amendment.
Efficacy
This Decree shall take effect on 1 July 2006.
Minister:
Sobotka v. r.
1) Article 3 of Act No. 250 / 2000 Coll., on the budgetary rules of the territorial budgets, as amended.
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Regulation Information
| Citation | Decree No. 238 / 2006 Coll., laying down the details of the content of the application for a previous opinion on the conclusion of a concession contract or contract and the amendment of a concluded concession contract or contract under the concession law |
|---|---|
| Regulation Type | Order |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 31.05.2006 |
|---|---|
| Effective from | 01.07.2006 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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