What is Act No. 240 / 2000 Coll.?

Act No. 240 / 2000 Coll., on Crisis Management and on the Amendment of Certain Laws (Crisis Act) — Law on crisis management and on the amendment of certain laws (Crisis Act).

When it became Act No. 240 / 2000 Coll. effectiveness?

Act No. 240 / 2000 Coll. became effective 01.01.2001.

Is Act No. 240 / 2000 Coll. still valid?

Yes, Act No. 240 / 2000 Coll. is still valid and effective.

How many times was it Act No. 240 / 2000 Coll. amended?

Act No. 240 / 2000 Coll. has 25 time versions of the text.

Act No. 240 / 2000 Coll. - Law on crisis management and on the amen...

240

THE LAW

of 28 June 2000

on crisis management and amending certain laws (Crisis Act)

Parliament has decided on this law of the Czech Republic:

ČÁST PRVNÍ

HLAVA I

BASIC PROVISIONS

§ 1

Subject matter

This law lays down the scope and competence of state and local authorities and the rights and obligations of legal and natural persons in preparation for crisis situations not related to the protection of the Czech Republic from external attacks, 1) and in their resolution and responsibility for the breach of these obligations.

§ 2

Definition of terms

For the purposes of this Act:

(a) crisis management: a summary of the management activities of crisis management bodies aimed at analysing and evaluating security risks and planning, organising, implementing and monitoring activities carried out in relation to:

1. ensuring preparedness for and resolution of crisis situations; or

2. enhancing the resilience of critical infrastructure bodies;

(b) emergency emergency under the Integrated Rescue System Act (2), significant disruption to the provision of essential services under the Critical Infrastructure Act or other hazards in which a state of danger, emergency or state emergency is declared ("emergency"),

(c) an organisational or technical measure intended to address the crisis situation and to address its consequences, including measures affecting the rights and obligations of persons;

(d) the obligation of a natural person to carry out, for the period strictly necessary, the work necessary to deal with the crisis situation and which that person is obliged to take place at a place designated by the crisis management authority;

(e) work by means of the obligation of natural persons to carry out the one-off and exceptional tasks necessary to address the crisis situation which they are required to take place at a place designated by the crisis management authority;

(f) a movable or immovable item, or a service provided, in the event that the item or service can be used to deal with a crisis situation.

§ 3

Hazard status

(1) The state of danger may be declared as an immediate measure if the lives, health, property, environment are at risk, if the threat is below the threat intensity of a significant scale, (4) and it is not possible to avert the threat from the normal activities of administrative authorities, regional and municipal authorities, integrated safety system components or critical infrastructure bodies.

(2) The state of danger may be declared only with reasons, for the period strictly necessary and for the whole or part of the territory of the region. The decision to declare a hazard shall include emergency measures and their scope. A change to the crisis measures must also be declared. The part of the decision containing the reason for the declaration of a state of danger shall also indicate whether the state of danger is declared following an emergency under the Integrated Rescue System Act (2).

(3) The state of danger for the territory of the region or part thereof is declared by the county governor, in Prague the mayor of the capital city of Prague (hereinafter referred to as the "capital"). The Heptman who has declared the state of danger shall immediately inform the Government, the Ministry of the Interior, the neighbouring regions and, if the emergency situation may be affected, other regions.

(4) The state of danger may be declared for a maximum period of 30 days. This period may be extended by the President only with the consent of the Government.

(5) If it is not possible to effectively avert a threat in a state of danger, the President shall immediately request the Government to declare an emergency situation. The emergency measures announced by the Member State shall expire on the day of the announcement of the emergency state (35), unless the Government decides otherwise. Furthermore, crisis measures that remain in force shall be considered as government-ordered crisis measures.

(6) The decision on the state of danger is published in the Collection of Legislation of Territorial Authorities and in certain administrations (5). The decision shall take effect at the moment specified therein. The decision shall be published on the official plate of the Regional Office and on the official plates of the Municipal Office in the territory where the state of danger is declared. The Regional Authority shall publish the decision by other means at the usual place, in particular through mass information and local radio.

(7) The state of danger cannot be declared because of a strike conducted to protect rights and legitimate economic and social interests.

(8) The state of danger ends with the expiry of the period for which it has been declared, unless the President or the Government decides to revoke it before the expiry of that period. The Government shall also lift the state of danger if the conditions for its publication are not fulfilled.

(9) The Government's decision to lift the state of danger shall be published on the official plate of the Regional Office and on the official plates of the municipal authorities in the territory where the state of danger has been declared, published in mass information and published in the Collection of Laws and International Treaties. The action shall take place at the moment specified in the Decision.

HLAVA II

THE AUTHORITIES OF THE CRITICAL PROCEDURE

Díl 1

Government

§ 4

(1) Government in ensuring the preparedness and resolution of the Czech Republic

(a) impose tasks on other crisis management bodies, manage and control their activities;

(b) designate the Ministry or other Central Administrative Office to coordinate the preparation of a particular crisis situation where the responsibility for coordinating functions does not result from the responsibilities set out in the specific legislation, 7)

(c) establish the Central Crisis Staff as its working body to deal with crisis situations.

(2) In preparation for and resolution of crisis situations, the Government is discussing with the Czech National Bank measures concerning the responsibility of the Bank.

(3) The Government approves in ensuring the preparedness of the Czech Republic for crisis situations

(a) the crisis plan of the Czech Republic,

(b) the risk assessment of the Czech Republic.

§ 5

In a state of emergency or in a state of threat, the necessary time and extent may be limited to the extent necessary)

(a) the right to the inviolability of a person and the inviolability of a residence when evacuating a person from a place on which he is directly threatened by life or health;

(b) the right of ownership and use of legal and natural persons to property (Sections 29 and 31) as regards the compulsory restriction of the right of the owner or user for the purpose of protecting the life, health, property or the environment, which are threatened by a crisis situation, and which is compensated accordingly;

(c) freedom of movement and residence in a demarcated area of the territory of the vulnerable or affected by a crisis situation;

(d) the right to gather peacefully in a demarcated area of the territory of the vulnerable or affected by a crisis situation;

(e) the right to engage in business activities that would jeopardise the crisis measures implemented or distort or prevent them from being implemented;

(f) the right to strike if the strike would lead to a breach or, where appropriate, a failure to do rescue and liquidation work.

§ 6

(1) The Government is entitled, during the duration of the emergency situation, to the strictly necessary period and to the extent necessary to order:

(a) the evacuation of persons and property from the demarcated territory;

(b) a prohibition on the entry, residence and movement of persons in designated places or territories;

(c) the imposition of a duty, a duty of assistance or an obligation to provide tangible resources (37);

(d) the immediate implementation of structures, works, landscaping or removal of structures or crops in order to mitigate or avert the threat arising from the crisis situation;

(e) the imposition of an obligation to work at a distance or service from another place by an employer, a service body or a service official.

(2) The Government is also entitled to:

(a) order the mandatory notification of a temporary change in residence of persons who means leaving the place of permanent residence of a person to whom he is reported at the place from which he has been evacuated or who has left his or her will due to a threat to his or her life or health if the change of residence is longer than 3 days;

(b) take measures to protect national borders, the residence of foreigners or stateless persons, in the field of dangerous chemicals and preparations, nuclear installations and sources of ionising radiation;

(c) order the transfer of persons in custody or in the execution of a prison sentence to another prison or exclude the free movement of such persons outside the prison;

(d) order the deployment of troops in active duty and fire protection units to implement emergency measures;

(e) order the use of economic measures for emergency situations (39) in the context of preparation for state threats;

(f) order child and youth care to be carried out if parents or other legal representatives cannot carry out such care in a crisis situation;

(g) order priority supplies

1. children's, health or social facilities,

2. armed forces, security corps and components of the integrated rescue system, if they are involved in the implementation of crisis measures;

3. a critical infrastructure entity, to the extent necessary to provide a basic service under the Critical Infrastructure Act;

(h) to provide for a replacement decision on social security benefits (care), which means sickness insurance benefits, pension insurance, pension insurance, state social assistance, benefits for emergency and social welfare benefits, 9) and their payment.

(3) The Government is also entitled to impose a prohibition in the duration of the emergency situation

(a) the acquisition of funds in foreign currency, securities and book-entry securities, the issuer of which is a resident or resident outside the Czech Republic, as well as the money of the valued rights and obligations derived therefrom, for the Czech currency;

(b) making all payments from the Czech Republic abroad, including payments between payment service providers and their branches;

(c) deposit of funds into accounts abroad;

(d) the sale of securities and book-entry securities the issuer of which is a resident or resident in the Czech Republic, resident or resident outside the Czech Republic,

(e) receiving loans from residents or residents outside the Czech Republic;

f) the establishment of accounts in the Czech Republic to persons with permanent residence or registered office outside the Czech Republic and the deposit of funds into their accounts;

(g) making all payments from abroad to the Czech Republic between payment service providers and their branches.

(4) The obligations referred to in point (c) of paragraph 1 may be imposed only if such activities and matters cannot be contracted, the entity places clearly financially and inconvenient conditions or rejects the performance and risks of delay.

(5) Prohibitions imposed by a crisis measure issued pursuant to paragraph 3 shall not apply if the transactions of the Czech Republic or the Czech National Bank are concerned. These prohibitions shall not apply to holders of a special permit which may be issued by the Czech National Bank for an emergency period due to a threat to the life and health of persons and to the safety of the State and to operations which lead to a demonstrable improvement in the balance of payments, to the extent of the relevant authorisation.

§ 7

In addition to the measures referred to in § 6 (1) to (3), the Government is entitled to order, for the duration of the state's threat,

(a) restrictions on entry into the Czech Republic to persons who are not citizens of the Czech Republic;

(b) increased control activity on the security of stored nuclear materials and sources of ionising radiation, hazardous chemicals, biological agents and genetically modified organisms (38).

§ 8

Decisions on crisis measures referred to in paragraphs 1 to 3 of Section 6 and 7 shall be published in mass information and published in the same manner as the law. The actions shall take place at the moment specified in the decision.

Díl 2

Ministries and other central administrative offices

§ 9

(1) The ministries and other central administrations ensure preparedness to deal with crisis situations within their competence.

(2) Ministries and other central administrations to ensure preparedness to deal with crisis situations within their competence

(a) establish a crisis management centre;

(b) develop a crisis plan approved by the Minister or Head of another Central Administrative Office;

(c) establish a crisis crew as a working body to prepare for and deal with crisis situations, the composition and tasks of which they shall determine and the substantive, organisational and administrative conditions for its activities shall be provided by the Minister or the Head of another Central Administrative Office;

(d) ensure, at the request of another Ministry or of another Central Administrative Office, that professional work resulting from their competence is carried out;

e) provide documentation on request to ministries, other central administrative offices, the Czech National Bank, regional authorities and municipal authorities with extended scope,

(f) require the necessary supporting documents from the regional and municipal authorities of the municipalities with extended competence, except for the information referred to in Article 15 (2) which they require through the Ministry of the Interior;

(g) require subordinate administrative authorities to provide supporting documents on request for the processing of regional crisis plans;

h) involved in the processing of the risk assessment of the Czech Republic and the crisis plan of the Czech Republic;

(i) process the type plan within their competence on the basis of the risk assessment of the Czech Republic;

j) carry out tasks according to the crisis plan of the Czech Republic.

(3) Ministries and other central administrative offices

(a) keep an overview of possible sources of risk, carry out risk analyses and, in the framework of prevention under specific legislation10) eliminate deficiencies that could lead to a crisis situation;

(b) decide on activities to deal with crisis situations and mitigate their consequences, unless otherwise provided for in specific legislation11;

(c) organise the immediate repair of the necessary public facilities for the survival of the population and for the functioning of the public administration;

(d) create conditions for emergency communication in relation to other administrative offices, municipalities, legal and natural persons;

(e) provide each other, free of charge and without undue delay, with data from the public administration information systems they manage, to the extent necessary to ensure preparedness and resolution of crisis situations, unless specific legislation prevents such provision.

§ 10

Ministry of Interior

(1) Ministry of the Interior in order to coordinate the performance of state administration in crisis management 12)

(a) unifies crisis management procedures;

(b) organise instruction and training and participate in the preparation for specific competence 13) staff of crisis management bodies,

(c) carry out checks to ensure the preparedness of other ministries and other central administrations to deal with crisis situations and, in cooperation with the Ministry responsible, carry out checks on regional crisis plans;

(d) keep a record of data on temporary changes in the residence of persons for crisis status;

(e) process the risk assessment of the Czech Republic;

(f) elaborates the crisis plan of the Czech Republic;

(g) prepare, in cooperation with another central administration, a plan for the exercise of crisis management bodies;

(h) transmit to ministries and other central administrations, at their request, the data referred to in Article 15 (2);

(i) coordinate other tasks to the extent necessary to ensure preparedness to deal with crisis situations.

(2) The Ministry of the Interior is responsible for the preparation and resolution of crisis situations related to internal security and public policy, while determining and controlling the procedures of the Police of the Czech Republic. 13a) The Ministry of the Interior shall also participate in the tasks referred to in paragraph 1 (a) to (c), (e), (f) and (i).

(3) The Minister for the Interior is dealing with conflict in crisis management.

(4) The tasks of the Ministry of the Interior referred to in paragraph 1 are carried out by the Directorate-General for Fire Rescue.

§ 11

Ministry of Health

The Ministry of Health is entitled at times of crisis

(a) to ensure the purchase and distribution of the necessary medicinal products, including those not authorised under special legislation15; in this case, the obligation to notify and publish an exemption under this specific legislation does not apply;

(b) coordinate, on request by the county, the activities of emergency reception providers and emergency bed care providers with the status of a specialised centre in providing urgent care;

(c) decide on the scope of the health services provided by emergency bed care providers in the event of the introduction of regulatory measures under the Act on Economic Measures for Crisis Station39).

§ 12

Ministry of Transport

(1) The Ministry of Transport at times of crisis is entitled to impose obligations on rail operators, rail transport, road transport, aircraft, airports, inland waterway transport and public ports, as well as on owners and operators of other objects, equipment and transport routes serving transport.

(2) In the event of a danger of delay, that obligation may be imposed by a decision of another administrative authority under a special legislation. The decision shall specify the compulsory operator, the subject matter and scope of the public undertaking, the manner in which it is implemented, the duration of the decision and the lessons learned about the consequences of its non-compliance.

§ 12a

Ministry of Industry and Trade

The Ministry of Industry and Trade is entitled at times of crisis

(a) take measures to maintain the integrity of energy systems in order to rapidly restore all critical infrastructure functions in energy;

(b) impose obligations on transmission system operators, transmission systems and distribution systems of gas, oil, electricity and heat energy distribution, electricity and heat producers, primary energy producers, as well as on owners and operators of other buildings and installations used to ensure the energy needs of the State to ensure these energy needs; if they are a critical infrastructure entity, they shall impose tasks on them for the protection and prompt restoration of critical infrastructure in energy.

Díl 3

Czech National Bank

§ 13

(1) Czech National Bank in the preparation and resolution of crisis situations

(a) establish a crisis crew;

(b) keeping an overview of possible sources of risk, carrying out risk analyses and, in the context of prevention under specific legislation10) removes shortcomings that could lead to a crisis situation;

c) involved in the processing of the risk assessment of the Czech Republic and the crisis plan of the Czech Republic,

(d) it processes a type plan within its competence in accordance with the risk assessment of the Czech Republic;

(e) create conditions for emergency communication in relation to other administrations, regions, municipalities, legal and natural persons;

f) is discussing with the Government the draft emergency measures issued on the basis of Article 6 (3) and other emergency measures affecting the Czech National Bank;

(g) discuss infringements of any of the prohibitions imposed by a crisis measure issued pursuant to Paragraph 6 (3);

(h) issue a specific authorisation pursuant to Article 6 (5);

(i) participate in the performance of tasks under the crisis plan of the Czech Republic.

(2) The Czech National Bank is developing a crisis plan containing a summary of crisis measures and procedures to address crisis situations in its area of competence 40), and co-operates with ministries and other central administrations in the processing of their crisis plans.

(3) The crisis plan is approved by the Governor of the Czech National Bank.

Díl 4

Region and other regional authorities

§ 14

(1) The Hejtman ensures that the region is ready to deal with crisis situations; other regional authorities shall participate in this preparedness.

(2) Hejtman manages and controls the preparatory measures, crisis management activities and mitigation activities carried out by the regional authorities with competence in the region, the authorities of the municipalities with extended competence, the authorities of municipalities or legal persons and natural persons. To that end,

(a) establish and manage the Regional Security Council;

(b) establish and manage the Regional Crisis Staff;

(c) approve the Regional Crisis Plan after consulting the Security Council;

(d) requires from the fire department of the region the data referred to in Article 15 (2);

(e) carry out the tasks set out in the crisis plan of the Czech Republic.

(3) Heptman at times of crisis

(a) coordinate rescue and liquidation work (Section 28 (3)), the provision of health services, the implementation of measures to protect public health and to ensure urgent funeral services;

(b) coordinate emergency accommodation, emergency supplies of drinking water, food and other necessary means to survive the population;

(c) coordinate the safeguarding of property in the territory where the evacuation was carried out.

(4) The Heptman is entitled to order

(a) work obligation, work assistance or provision of material resources (37) to address the crisis situation;

(b) the immediate implementation of structures, works, landscaping or dismantling of structures or crops in order to mitigate or avert the threat arising from a crisis situation;

(c) carrying out childcare and youth care where parents or other legal representatives cannot carry out such care in a crisis situation;

(d) the priority supply of children's, health and social facilities and of the armed forces, safety corps or components of the integrated rescue system involved in the implementation of crisis measures and, to the extent necessary, critical infrastructure bodies;

(e) ensuring that the alternative means of deciding on welfare benefits and their payment are provided;

(f) notification of a temporary change of residence;

(g) evacuation of the population;

(h) a prohibition on the entry, residence and movement of persons at a designated place or territory.

(5) If the activities and items referred to in paragraph 3 cannot be provided by contract because the entity places clearly financially or in time improper conditions or rejects the performance and there is a risk of delay, the President shall impose the performance of the activities or the provision of the items.

(6) At the time of the emergency and the state's threat, the Hejtman ensures that the emergency measures provided for are implemented under regional conditions. Administrative offices located in the territory of the county and of the legal person and of the natural persons involved shall comply with the emergency measures provided for. It shall also be entitled to order the implementation of the crisis measures referred to in paragraph 4, unless similar measures have been ordered by the Government.

§ 14a

(1) Regional Office in order to ensure the preparedness of the region for crisis management

(a) provide synergies to the Fire Rescue Corps of the Region in the processing of the Regional Crisis Plan;

b) carry out tasks according to the crisis plan of the Czech Republic and the crisis plan of the region.

(2) For the purpose of carrying out the tasks referred to in paragraph 1, the Regional Office shall establish crisis management centres.

§ 15

(1) Fire department of the countries16) in the preparation and resolution of emergency situations

(a) organise synergies between administrative authorities and municipalities in the region;

(b) keep an overview of possible sources of risk and carry out risk analyses;

(c) process the regional crisis plan;

(d) it shall prepare a community crisis plan with extended scope; it requires, to the extent necessary, cooperation between the organisational bodies of the State, the authorities of the local authorities, legal persons and business natural persons;

(e) carry out the tasks set out by the Ministry of the Interior, the crisis plan of the Czech Republic and the tasks set out by the Member State within the scope of the Regional Crisis Plan and the Mayor of the Municipality with extended scope of the Regional Crisis Plan;

(f) transmit to the Ministry of the Interior, the Governor and the Mayor of the Municipality with extended scope upon request the data referred to in Article 15 (2).

(2) The Fire Department of the Region is authorised to require, collect and register data on:

(a) the capacities of health, accommodation and catering facilities;

(b) the object and scope of the activities of legal persons and business natural persons in the fields of production and services, production programmes and production capacities, the extent of stocks of raw materials, semi-finished products and finished products, the number of employees and their qualifications;

(c) the number of employees in production facilities and the number of persons living at the places expected to be evacuated;

Date of Promulgation	09.08.2000
Effective from	01.01.2001
Effective until	-
Status	Valid

Act No. 240 / 2000 Coll.

Law on crisis management and on the amendment of certain laws (Crisis Act)

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