What is Act No. 241 / 2000 Coll.?

Act No. 241 / 2000 Coll., on economic measures for crisis situations and on the amendment of certain related laws — Law on economic measures for crisis situations and amending certain related laws.

When it became Act No. 241 / 2000 Coll. effectiveness?

Act No. 241 / 2000 Coll. became effective 01.01.2001.

Is Act No. 241 / 2000 Coll. still valid?

Yes, Act No. 241 / 2000 Coll. is still valid and effective.

Act No. 241 / 2000 Coll. - Law on economic measures for crisis situ...

241

THE LAW

of 29 June 2000

on economic measures for crisis situations and amending certain related laws

Parliament has decided on this law of the Czech Republic:

ČÁST PRVNÍ

THE ECONOMIC MEASURES LAW FOR CRISIS STATUS

HLAVA I

BASIC PROVISIONS

§ 1

Subject matter

(1) The Act regulates the preparation of economic measures for a state of danger, (1) emergency status, (2) state threat status (3) and war status (4) (hereinafter referred to as "crisis situations") and the adoption of economic measures following the declaration of emergency situations.

(2) The law provides for jurisdiction

(a) governments;

(b) central administrative offices, the Czech National Bank, the regional authorities, the municipal authorities of the municipality with extended competence (hereinafter the "administrative office"); and

(c) authorities of local authorities

preparing and adopting economic measures for crisis situations. It also lays down the rights and obligations of natural and legal persons in the preparation and adoption of economic measures for crisis situations.

§ 2

Definition of terms

(1) For the purposes of this Act:

(a) economic measures for emergency situations, organisational, material or financial measures taken by the administration in crisis situations to ensure the necessary supply of products, works and services, without which it is impossible to ensure the recovery of crisis situations, hereinafter referred to as "necessary delivery,"

(b) by the supplier of the necessary supplies, a natural person with a permanent residence or a legal person with a registered office in the Czech Republic and an organisational component of a legal person with a registered office in the Czech Republic, who has a registered activity as an object of his business or business, enabling him to supply the subject of the necessary supply or who is able to supply the subject of the necessary supply,

(c) a plan for the necessary delivery of a separate part of the crisis plan prepared by the administration in the emergency economy system;

(d) the system of economic mobilisation of the organisational, material, personnel and other measures by which the Central Administrative Office provides a mobilization supply for the needs of the armed forces and armed security forces in a state of state and state of war;

(e) the economic mobilisation plan, a separate part of the crisis plan prepared by the central administration in the economic mobilisation system;

(f) the economic mobilisation plan, a separate part of the crisis preparedness plan (5), prepared by the mobilization supply supplier in the economic mobilization system;

(g) the necessary supply of mobilising supplies to support the armed forces and armed security forces following the declaration of a state of emergency and a state of war;

(h) undertaking a natural person who is an entrepreneur under a special law, 7)

(i) preserving the production capabilities of operational technological equipment and documentation owned by the supplier of the mobilising supply or the supplier of the necessary supplies to initiate or expand the production of the subject-matter of the mobilising or necessary supply and for other production not used;

(j) infrastructure for the preparation and adoption of economic measures for crisis situations (infrastructure)

1. buildings intended for economic measures for crisis situations owned by the Czech Republic, to which the administrative authority is responsible,

2. construction works for the purposes of economic measures for crisis situations for which the Czech Republic has established a material burden and which are owned by legal or business natural persons,

3. technical security of the buildings referred to in point 1 through the internal lines of civil engineering and telecommunications networks, starting with the connection to the public distribution of such networks,

4. technological equipment of the buildings referred to in point 1;

5. infrastructure, railways, ports and airports used for the transport service of buildings referred to in point 1.

(2) A supplier involved in the fulfilment of the necessary supply is considered to be a supplier of the necessary supply within the meaning of this Act.

§ 3

(1) Economic measures for crisis situations are adopted following the announcement of crisis situations and are intended to:

(a) to satisfy the basic needs of natural persons in the territory of the Czech Republic, enabling the survival of crisis situations without serious harm to health (hereinafter referred to as "basic need for living"),

(b) to support the activities of the armed forces, armed security corps, rescue corps, emergency services and medical emergency services;

(c) support for the performance of public administration; or

(d) to maintain the provision of basic services by critical infrastructure bodies under the Critical Infrastructure Act.

(2) The preparation of economic measures for crisis situations is organised by the administrations.

§ 4

The system of economic measures for crisis situations includes:

(a) an emergency management system;

(b) the economic mobilisation system;

(c) the use of State tangible reserves, 8)

(d) construction and maintenance of infrastructure;

(e) regulatory action.

HLAVA II

SCOPE OF THE AUTHORITIES IN THE ECONOMIC MEASURES SYSTEM FOR CRISIS STATUS

§ 5

Government

(1) The government, in the system of economic measures for crisis situations, decides on:

(a) the free use of State tangible reserves;

(b) the application of regulatory measures;

(c) the application of measures of the economic mobilisation system.

(2) The Government approves the Plan for the establishment and maintenance of State tangible reserves to ensure the security of the Czech Republic (hereinafter referred to as the Plan). The plan is being prepared and submitted to the government every two years by the Administration of State tangible reserves on the basis of the supporting documents it requires from the central administration. The management of the State tangible reserves shall submit to the Government a proposal to update the Plan at a shorter interval than indicated in the second sentence, if there are serious reasons.

(3) The procedure set out in Section 29 (a) of Act No. 134 / 2016 Coll., on Public Procurement, as amended, may be used for the acquisition of the items listed in the Plan if all the conditions set out in this point are met at the same time.

§ 6

Central Administrative Office

(1) The Central Administrative Office in the crisis management system within its scope 9)

(a) develop the concept of economic measures for crisis situations as part of the concept of the development of the entrusted sector;

(b) it shall process and update the necessary supply plan as a basis for processing the Plan;

(c) it shall apply the requirements for the establishment of State tangible reserves to the Administration of State tangible reserves;

(d) control the preparation of economic measures for emergency situations for legal and business individuals involved in the emergency economy system or in the economic mobilization system and provide the necessary information on economic measures for emergency situations to those persons;

(e) be responsible for preparing activities to enable regulatory measures to be implemented;

(f) participate in the system of continuing professional training of administrative staff and suppliers of mobilising supplies in the field of economic crisis management measures provided by the Administration of State tangible reserves.

(2) The Central Administrative Office, within its scope, ensures the necessary supply,

(a) which the Regional Office cannot provide within its administrative district;

(b) the importance of which exceeds the administrative circumference of the region; or

(c) where the activities of the armed forces, armed security corps, rescue corps, emergency services or emergency medical services set up under its jurisdiction are being promoted and the maintenance of the provision of basic services by critical infrastructure bodies in sectors or subsectors in which essential services are provided under its substantive competence under the Critical Infrastructure Act.

§ 7

Organ region

(1) The Hejtman of the Region (hereinafter referred to as "the President") ensures the preparedness of the Region in the system of economic measures for crisis situations. other regional authorities shall participate in this preparedness. To that end, the President

(a) manage and control the preparation and implementation of economic measures for crisis situations;

(b) ensure the allocation of supplies for humanitarian aid;

(c) order the regulatory measure referred to in Article 21.

(2) Regional Office in the economic crisis management system

(a) it shall draw up the necessary supply plan for the region, using the necessary supply plans for the enlarged municipalities, the processing of which it coordinates;

(b) ensure the necessary supply to meet the basic needs of the inhabitants of the region;

(c) ensure activities enabling regulatory action to be taken.

(3) In the territory of the capital city of Prague, the regional authority performs its tasks in the system of economic measures for emergency situations of the City of Prague.

§ 8

Authorities of the municipality with extended scope

(1) The mayor of the municipality with extended scope ensures the readiness of the administrative district of the municipality with extended scope in the economic crisis management system; the other authorities of the municipality with extended scope participate in this readiness.

(2) Municipal authority of the municipality with extended scope in the system of economic measures for crisis situations

(a) prepare the necessary supply plan for the municipality with extended scope;

(b) carry out the tasks assigned to it by the Regional Office;

(c) ensure activities enabling regulatory action to be taken.

(3) In the territory of the capital city of Prague, the municipal authority of the municipality with extended competence in the system of economic measures for emergency situations is responsible for the urban part as defined by the Statute of the capital city of Prague.

(4) The Mayor of the City of Prague, established by the Statute of the City of Prague, has the same powers in the system of economic measures for emergency situations as the Mayor of the municipality with extended scope.

HLAVA III

SYSTEM OF ECONOMIC MEASURES FOR CRISIS STATUS

Díl 1

Emergency system

§ 10

(1) The emergency management system ensures that the necessary supplies for:

(a) satisfaction of the basic needs of life;

(b) support of emergency services, emergency services, medical emergency services and police of the Czech Republic;

(c) aid for the performance of public administration; and

(d) maintaining the provision of basic services by critical infrastructure bodies

they are carried out in a manner that is normal for periods outside crisis situations.

(2) The necessary supply shall be borne by the crisis management authority which has decided on it.

(3) If the Regional Authority does not find the necessary supplies in its administrative district, it shall apply the requirement to ensure it to the Central Administrative Office, to which the specific legislature (10) entrusts competence within that heading (hereinafter referred to as "the competent central administrative authority ').

(4) Where the central administrative authority in question is demonstrably unable to provide the necessary supply within its scope, it shall request the Administration of State tangible reserves to create contingency stocks or to cover the costs of preserving production capabilities.

§ 11

Contingency stocks

(1) Contingency stocks are created by the Administration of State tangible reserves under the State tangible reserves system (24).

(2) The use of emergency stocks shall be decided by the head of the Central Administrative Office on the basis of which the emergency stocks have been created. In accordance with this Decision, the management of the State tangible reserves shall provide emergency stocks to the beneficiary, which may be the administrative or local authority or the body or service referred to in Article 10 (1) (b). The beneficiary shall be entitled to provide emergency stocks to a natural or legal person or other organisational component of the State.

(3) The emergency stocks provided, other than those consumed, must be recovered by the beneficiary within 60 days of the cancellation of the crisis. After that period, the beneficiary shall be entitled to use the contingency stocks provided only on the basis of a contract concluded with the Administration of State tangible reserves. The draft contract shall be drawn up by the Administration of State tangible reserves on the basis of a request submitted by the beneficiary within 60 days of the cancellation of the crisis. If the beneficiary does not submit the application within that time limit, the use of contingency stocks shall be the unauthorised use of the assets to which the management of the State tangible reserves is competent (11). In the event of non-recovery of the emergency stocks provided, the legislation governing the management of the State's assets shall be followed.

§ 12

Stocks for humanitarian aid

(1) Stocks for humanitarian aid are part of the emergency economy system referred to in Section 10. They are created by the Administration of State tangible reserves in the system of State tangible reserves.

(2) The release of supplies for humanitarian aid shall be decided by the President of the State Material Reserve Administration on the basis of the request of the Governor or Mayor of the municipality with extended scope. The allocation of supplies for humanitarian aid to individuals seriously affected by the crisis shall be provided by the captain or the mayor of the municipality with extended scope to whom the supplies for humanitarian aid have been provided. The supplies issued are neither reimbursed nor returned.

(3) The management of supplies for humanitarian aid is governed by the same principles as the management of other components of State tangible reserves, unless otherwise provided by law.

Díl 2

Economic mobilisation system

§ 13

Mobilisation van

(1) On the basis of the requirements of the armed forces and armed security corps, the Central Administrative Office, to which specific legislation12) entrusts the power to manage them (hereinafter referred to as the "mobilization delivery agent"), shall process and update the economic mobilization plan. The economic mobilization plan is the basis for the design of the Plan.

(2) The client shall conclude a contract of mobilisation with the supplier. A contract for the conclusion of a future contract shall not be used to ensure the mobilisation supply.

(3) The supplier of the mobilising supply shall be entitled to make his compliance conditional on the requirement to ensure the material resources necessary, or, where appropriate, on the financial reimbursement of the preparation of the mobilising supply, including payment for the preservation of production capabilities. This expenditure is covered by the budget chapter of the Administration of State tangible reserves.

(4) Any conclusion, amendment or termination of a contract on the mobilisation supply shall be notified by the Contracting Parties to the central administrative authority and the State Reportable Provisions Board.

§ 14

Post-crisis procedure

(1) The supplier of the mobilising supply is required to carry out the mobilising supply as a matter of priority and to inform the client of the mobilising supply without delay of any circumstances which could jeopardise or impede the priority performance of the mobilising supply.

(2) The client of the mobilising supply shall be obliged to replace the supplier of the mobilising supply of damage resulting from delay in the performance of the supply which is subject to performance under another contract, provided that the supplier of the mobilising supply demonstrates that the damage was caused to him directly in connection with the priority performance of the mobilising supply and that this was the sole cause of his delay in performance under another contract. Similarly, the client of the mobilization supply is obliged to replace the supplier of the mobilization supply as well as the interest on late payments, the late payment fee and a contract or other fine.

§ 15

Plan for economic mobilisation measures

The supplier of the mobilization supply is obliged to process the economic mobilization measures plan. The selected data of this plan shall be transmitted to the client within 30 days of processing by mobilising supplies, the central administrative authority responsible for the matter, the State Material Reserve Board and the regional regional authority responsible. The data transmitted must be updated

(a) at the time when none of the crisis situations is declared, no later than 30 days after the date on which their change took place;

(b) in the period following the publication of the emergency situations without delay.

§ 16

Economic Mobilisation Body

(1) The supplier of the mobilization supply may be appointed an economic mobilization body. In justified cases, on a proposal from the relevant central administrative authority, the economic mobilization body may also be designated as the supplier of the necessary supply, which provides it for the state of state and the state of war. When appointing an economic mobilization body, it shall be examined whether its economic situation and technical assumptions allow it to carry out the mobilising or necessary delivery within the required deadlines and quality and whether it complies with the requirements laid down for the protection of classified information under a specific legislation. 13)

(2) The Economic Mobilisation Body is appointed and withdrawn by decision of the President of the Administration of the State Material Reserve. The procedure for the appointment of an economic mobilization body may also be terminated if the party has not submitted the necessary evidence, even after a repeated call, or has been cancelled in the course of the procedure under a specific legislation.

(3) An appointment certificate shall be issued to the economic mobilization body by the Administration of the State Material Reserve, proving to third parties when exercising its rights. The certificate shall be a public instrument. The certificate shall be returned by its holder to the Commission within 30 days of the date of the decision of the President of the Administration of the State Provisions on the withdrawal of the economic mobilization entity. When a legal person or after the death of a natural person is removed, the liquidator, successor or heir shall be required to return the certificate within the same period.

(4) The reasons for the withdrawal of the economic mobilization entity are the following:

(a) the contract referred to in Article 13 (2) shall cease to be effective;

(b) a decision by the insolvency court on the bankruptcy of the supplier of the mobilising supply is given or the insolvency court rejects the insolvency application because the assets of the supplier of the mobilising supply will not be sufficient to cover the costs of the insolvency proceedings;

(c) the legal person has been revoked under a specific legislation or the natural person in business has died.

(5) The management of the State tangible reserves shall issue the appointment certificate referred to in paragraph 3 to economic mobilization bodies by 1 January 2002 at the latest.

(6) The central administrative authority which has proposed the appointment of the economic mobilization entity referred to in the second sentence of paragraph 1 shall, for the duration of the appointment of the economic mobilization entity, have the rights and obligations of the mobilising supply agent.

§ 17

Status of the economic mobilization entity

The economic mobilization body shall be exempt from the obligation to provide in kind the means laid down by special legislation15) and shall be entitled, in accordance with the economic mobilization measure plan, to require the exemption of an exceptional service for its staff providing the mobilization supply. 16) The economic mobilization entity shall apply a requirement to ensure the labour force and material resources necessary for the fulfilment of the mobilization supply at the regional regional authority prior to the declaration of emergency situations.

Díl 3

State tangible reserves

§ 18

The acquisition and treatment of State tangible reserves shall be governed by specific legislation. 17)

Díl 4

Infrastructure

§ 19

(1) The requirements for the construction of infrastructure result from crisis plans.

(2) The requirements for the construction of new infrastructure buildings to ensure economic measures for crisis situations, the construction of which is to be covered by the budget chapter of the Administration of State tangible reserves, will be applied by the Central Administrative Office to the Administration of State tangible reserves.

(3) Maintenance of infrastructure buildings is provided by the administrative authority competent to manage them.

Díl 5

Regulatory measures

§ 20

(1) Regulatory measures are designed to reduce the consumption of scarce raw materials and products and the supply of services or to guide consumption and supply in accordance with the crisis plans in cases where the crisis situation takes on such an extent that normal economic instruments are not sufficiently effective in ensuring the necessary supply.

(2) Regulatory measures may be imposed only if the effect associated with them cannot be otherwise achieved. They can only be ordered for the time necessary. Their cancellation must take place no later than the cancellation of the emergency situations.

(3) Where the declared crisis situation is immediately followed by a declaration of a different crisis situation, the authority authorised to declare a crisis situation may decide to maintain certain regulatory measures previously ordered.

§ 21

(1) In a state of danger, the captain or mayor of a municipality with extended jurisdiction in the territory for which the state of danger has been declared may impose an obligation on the legal person or the undertaking of the natural person residing, having its registered office, place of business or registered office of the organisation of the undertaking in the relevant territorial area.

(a) to supply products, works or services which are the subject of their activity or business in reasonable quantities;

(b) store in their premises material intended to overcome and eliminate the effects of danger or to withstand such storage;

(c) to transfer means of transport and mechanisation as well as means of production or operation of a movable nature and stocks to a designated place.

(2) In a state of danger,

(a) the regulation of the goods sold on the trading network and provide for:

1. the way in which the quantity of goods sold to consumers will be regulated;

2. the maximum quantity of goods which may be sold to the consumer,

3. the range of consumers to whom the selected items of goods will be supplied preferably,

(b) regulatory measures amending the management and organisation of transport.

(3) The obligations imposed under paragraphs 1 and 2 are crisis measures under Section 3 (2) of the Crisis Act.

(4) The costs associated with the application of a regulatory measure referred to in paragraph 2, including any additional costs which would not otherwise have been incurred by the person referred to in paragraph 1, shall be borne by the administrative authority which has declared the regulatory measure, unless it has agreed otherwise with the competent central administration on the arrangements for their reimbursement. The government may also decide how to pay.

(5) In a state of emergency, in a state of threat to the State and in a state of war, the President or Mayor of a municipality with extended jurisdiction in the territory for which a state of emergency has been declared may order the measures referred to in paragraphs 1 and 2, unless the Government has already ordered such measures.

§ 22

(1) In an emergency situation, the Government may:

(a) require legal and business natural persons to notify, within a specified period, the government designated by the administrative authorities of the current volume of stocks in specified types of material or material, actual data on production or operational capacity and available sources of labour;

(b) take measures which may restrict or prohibit the trading of listed securities;

(c) to take measures which may restrict or prohibit traffic in the field of road transport, rail transport, air traffic operated in the Czech Republic by civil aircraft, traffic on a transport significant waterway and road use, and to lay down specific conditions for the implementation of protection, maintenance and renewal on road and national roads;

(d) to extend or restrict the distribution of drinking water and food and to lay down the conditions under which the organisation and management of such distribution may be changed.

(2) In an emergency situation, the Government may also take the measures referred to in paragraphs 1 and 2 of Article 21 by regulation.

(3) In an emergency, the Ministry of Health may extend, restrict or prohibit the distribution of medicines, medical devices or in vitro diagnostic medical devices by general measures; This is without prejudice to the authorisation of the Ministry of Health to issue general measures concerning the distribution of medicinal products, medical devices and in vitro diagnostic medical devices under other legislation.

(4) Measures of a general nature as referred to in paragraph 3 shall be taken without a procedure for draft measures of a general nature. This measure of a general nature shall take effect on the date of hanging on the official plate of the Ministry of Health and shall be suspended for at least 15 days. The Ministry of Health shall send this measure of a general nature to the State Institute for Drug Control, which shall immediately post it on its official plate for at least 15 days. This general measure shall be provided by the Ministry of Health on the day following its entry into force with a record of its effectiveness.

(5) If the State Institute for Drug Control finds that the reasons for issuing a measure of a general nature referred to in paragraph 3 have passed or changed, it shall inform the Ministry of Health without delay, together with the supporting documents giving rise to this conclusion.

(6) If the reasons for the general nature of the measures referred to in paragraph 3 have passed or changed, the Ministry of Health shall cancel or amend them without delay; paragraph 4 shall apply mutatis mutandis.

§ 23

(1) In a state of threat to the state and to the state of war, the government may by order:

(a) restrict, prohibit or order the export and import of selected goods;

(b) to modify the construction works which they determine, to reduce the start-up of the works, including their interruption;

(c) on a proposal from the Governor of the Czech National Bank, limit or prohibit the use of funds in accounts with persons authorised to provide payment services.

(2) In the event of a state of danger and a state of war, the Government may also, by regulation, adopt the measures referred to in Articles 21 (1) and (2) and 22 (1).

(3) The Governor of the Czech National Bank can decide by means of a communication published in the Collection of Laws and International Treaties

(a) decide on key monetary policy measures 18);

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

Act No. 241 / 2000 Coll.

Law on economic measures for crisis situations and amending certain related laws

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