Act No. 248 / 2000 Coll.
Regional Development Support Act
Valid
Law
Effective from 01.01.2001
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248
THE LAW
of 29 June 2000
on promoting regional development
Parliament has decided on this law of the Czech Republic:
GENERAL PROVISIONS
Subject matter
This law regulates the conditions for:
(a) the granting of aid to regional development and the related responsibilities of central administrations, counties and municipalities;
(b) coordination and implementation of support for economic, social and territorial cohesion and coordination of the use of funds, programmes and instruments in direct management of the European Commission;
(c) the activities of the European grouping of territorial cooperation (hereinafter referred to as "the grouping") following the directly applicable European Union Regulation (7).
Definition
For the purposes of this Act, the region is defined as a territorial unit defined by the territorial districts of the regions and municipalities whose development can be promoted under this Act.
SUPPORT FOR REGIONAL DEVELOPMENT
(1) The objective of promoting regional development is to ensure the dynamic and balanced development of the territory of the Czech Republic, taking into account the quality of life and the environment, to contribute to reducing regional disparities, while at the same time making it possible to exploit the local potential to increase the economic and social level of individual regions.
(2) Regional development support areas at the level of the Czech Republic will define in more detail the regional development strategies of the Czech Republic (hereinafter referred to as "Regional development strategy") and the regional development strategy at the level of the region.
(3) The regional development strategy and the regional regional district development strategy are developed with effect for the European Union programming period.
The Ministry of Local Development ("the Ministry '), in cooperation with the other central administrations concerned, proposes the definition of regions whose development needs to be encouraged in the light of the dynamic and balanced development of the Czech Republic, the improvement of the economic and social level of local authorities and the maintenance of their economic, social and territorial cohesion (" the officially supported regions').
Regional development strategy
The regional development strategy determines the focus and objectives of regional development, in particular with regard to the dynamic and balanced development of the state and its various regions, cities and rural areas, and sets out the basic conditions for the achievement of these objectives.
Content of the Regional Development Strategy
Regional development strategy in particular
(a) analyse the state of regional development;
(b) establish republican priorities and strategic objectives of regional policy to ensure dynamic and balanced development of the territory;
(c) establish the basis for defining regional development support priorities through European Union funds;
(d) lay down the conditions for the definition of officially supported regions;
(e) define the instruments for implementing the priorities and objectives set;
(f) define the focus of the programme (11) of the Ministry's regional development;
(g) define the tasks of the other central administrative authorities concerned to ensure the implementation of the priorities and objectives set;
(h) establish a method of monitoring and evaluating the effectiveness of the Regional Development Strategy;
(i) include recommendations to the regions to focus their development.
Procedure for the elaboration of the Regional Development Strategy
(1) The Ministry processes the draft Regional Development Strategy for the whole territory of the Czech Republic in cooperation mainly with the other central administrative authorities, counties and associations of municipalities with national competence.
(2) The draft Regional Development Strategy is prepared by the Ministry in particular on the basis of:
(a) legislation and documents of the Czech Republic and the European Union which affect the regional development of the State;
(b) the international commitments of the Czech Republic relating to regional development;
(c) territorial development policies, relevant zoning materials and zoning documentation under the construction law;
(d) objectives and priorities related to the development of urban and rural territories;
(e) supporting documents for the development of regional territorial districts and, where appropriate, other regional design documents;
(f) statistical data;
(g) the principles of sustainable development.
Approval of the Regional Development Strategy
(1) The Government approves the regional development strategy. The Ministry submits to the Government for approval a proposal for a Regional Development Strategy with the opinion of the Ministry of the Environment to assess the impact of the implementation of the concept on the environment and public health12) and with a communication on how this opinion was taken into account.
(2) The Ministry publishes the approved Regional Development Strategy in a way that allows remote access.
Report on the implementation of the Regional Development Strategy
(1) The Ministry shall, in cooperation with the other central administrations concerned and the region in the middle of the European Union programming period, prepare a report on the implementation of the Regional Development Strategy.
(2) The report on the implementation of the Regional Development Strategy contains in particular:
(a) evaluation of the effectiveness of the implementation of the Regional Development Strategy;
(b) an assessment of the impact of the strategies for the development of the territorial districts of each region and of the public administration conceptual documents, with a national focus on the implementation of the regional development strategy;
(c) proposals for updating and justifying the Regional Development Strategy and, where appropriate, the proposal and the reasons for the new Regional Development Strategy;
(d) the draft measures to be taken to promote regional development within the competence of the central administrative authorities concerned and the draft recommendations to promote regional development within the competence of the regions;
(e) an assessment of the effects on the environment and public health, indicating whether unexpected negative impacts on the environment and public health have been identified, together with proposals for their elimination, minimisation or compensation.
Updating Regional Development Strategy
(1) On the basis of the report on the implementation of the Regional Development Strategy, the Government shall decide, where appropriate, to update the Regional Development Strategy or to develop a new proposal for a Regional Development Strategy; Articles 7 and 8 (1) shall apply mutatis mutandis.
(2) For reasons of urgent public interest, the Government may decide to update the Regional Development Strategy and its content without submitting a report on the application of the Regional Development Strategy. Article 7 and Article 8 (1) shall apply mutatis mutandis to this update.
(3) The procedure laid down in Article 8 (2) shall apply mutatis mutandis to the publication of the updated Regional Development Strategy.
Financial support for regional development
The Ministry shall coordinate the territorial focus of financial support for regional development in accordance with the Regional Development Strategy. In order to provide financial support for regional development under the responsibility of the Ministry, the draft state budget shall allocate funds to implement measures under the responsibility of the Ministry under the Regional Development Strategy; Investment aid for regional development may also be financed through the State Investment Support Fund under the State Investment Support Fund Act.
Regional Development Strategy
(1) The strategy for the development of the territorial perimeter of the region determines the focus and objectives of the region in particular with regard to the dynamic and balanced development of the region and the various parts of its territory and lays down the basic conditions for the achievement of these objectives.
(2) Strategy for the development of the region's territorial district
(a) analyse the current state and expected development of the region's territorial district;
(b) establish strategic objectives and priorities for regional development and regional policy instruments to ensure the dynamic and balanced development of the region's territorial perimeter and parts of its territory;
(c) define the regions supported by parts of its territory.
(3) The Regional Territorial Development Strategy is approved by the Regional Council. If the proposal for a strategy for the development of the geographical area is subject to an environmental impact assessment under the Environmental Impact Assessment Act, it is approved by the Regional Council on the basis of an opinion on the impact of the implementation of the concept on the environment and public health.
(4) Paragraph 7 (2) shall apply mutatis mutandis to documents for the development of the regional area.
(5) In the middle of the programming period of the European Union, the region is preparing a report on the implementation of the regional development strategy, on the basis of which the regional council may decide to update the regional development strategy or to develop a new regional development strategy.
Financial support for the development of the region's territorial district
In order to provide financial support for regional development of the region's territorial district, the draft regional budget provides funds for the implementation of the regional development strategy.
SCOPE OF THE ADMINISTRATIVE AUTHORITIES, COUNTRIES AND CIVIL DEVELOPMENT AID
(1) Ministry
(a) monitor and evaluate the activities of administrative offices, counties and municipalities in promoting regional development and recommend measures to implement the priorities and objectives contained in the Regional Development Strategy in relation to their activities;
(b) coordinate at national level international cooperation in promoting regional development and territorial cooperation;
(c) facilitate the involvement of territorial authorities in European regional structures.
(2) Central administrative offices
(a) cooperate with the Ministry in preparing the Regional Development Strategy and ensure that the measures contained in the Regional Development Strategy are implemented;
(b) at the request of the region, cooperate in the preparation of the regional territorial district development strategy.
(3) Region
(a) analyse and evaluate the level of development of its territorial district;
(b) approve and implement the regional territorial area development strategy, monitor and evaluate its implementation;
(c) promote the development of the regions defined in the regional territorial district development strategy;
(d) recommends measures to implement the priorities and objectives contained in the regional zoning strategy in relation to the activities of the administrative authorities and municipalities;
(e) coordinate regional development cooperation in its territorial area.
(4) Municipality
(a) cooperate with the region in whose territory it is located in the preparation and implementation of the regional development strategy;
(b) in accordance with local conditions and development documents, separately or in cooperation with other municipalities, provides or supports activities aimed at developing the territorial district of the municipality.
(5) The municipal authority of the municipality, with extended competence in its delegated capacity, collaborates with the region in preparing and evaluating the implementation of the regional development strategy and with the Ministry in preparing and evaluating the implementation of the regional development strategy.
(1) The Centre for Regional Development of the Czech Republic (hereinafter referred to as "the Centre") is hereby established as a state contribution organization based in Prague. The Centre is responsible for the management of the State property under the Act on the Property of the Czech Republic and its representation in legal relations, and in its activities it is governed by special laws. The Centre shall be subordinate to the Ministry, which shall act as the founder. The closer terms and conditions of the Centre shall be laid down in a Statute approved by the Minister for Regional Development.
(2) The Director-General shall be the statutory body of the Centre. its selection, appointment and appeal are governed by the Civil Service Act.
(3) Centre
(a) carry out, to the specified extent, the activities of the intermediate body under the directly applicable European Union13) for selected operational programmes financed by the European Structural and Investment Funds;
(b) perform the functions of the Joint Secretariat and the Controller under the directly applicable European Union14) for selected operational programmes under the European territorial cooperation objective;
(c) provide advisory services in connection with the use of European Structural and Investment Funds;
(d) carry out other tasks in support of regional development.
(1) The Civil Service Act applies to Centre staff carrying out activities listed in Section 5 of the Civil Service Act.
(2) The Centre shall be regarded as a service office. The Director-General shall be regarded as Head of the Office and the Staff Authority.
(3) The Ministry is the Head of Service of the Centre.
(4) The exercise of an activity referred to in Section 5 of the Civil Service Act or an activity similar to that of an employee at the Centre or a legal predecessor of the Centre shall be considered to be an administrative activity for the purposes of counting the practice under the Civil Service Act.
COORDINATION OF AID FOR ECONOMIC, SOCIAL AND TERRITORIAL COHESION
For the purposes of coordination and implementation of support for economic, social and territorial cohesion, regions whose territorial definition is identical to the territorial statistical units NUTS 26 (hereinafter referred to as the Cohesion Region) shall be established. These are the following cohesion regions:
a) Prague, defined by the territory of the capital city of Prague,
b) Central Bohemia, defined by the territory of the Central Bohemia Region,
(c) South West, defined by the territory of the South Bohemian and Pilsen regions,
(d) Northwest, defined by the territory of the Karlovy Vary and the Ústí Region,
e) North-East, defined by the territory of the Liberec, Králové Hradec and Pardubice Region,
(f) Southeast, defined by the territory of the South Moravian Region and the Vysočina Region,
(g) Central Moravia, defined by the territory of Olomouc and Zlín Region,
h) Moravian-Silesia, defined by the territory of the Moravian-Silesian Region.
(1) The Ministry ensures cooperation between the Czech Republic and the institutions of the European Union and coordinates the activities of the managing authorities in the use of European Union funds for the promotion of economic, social and territorial cohesion and fisheries policy, with the exception of the common agricultural policy of the European Union (hereinafter referred to as the "area of support") and in the field of territorial cooperation. The Ministry also coordinates material overlaps and follow-up when using money from European Union funds.
(2) Following consultation with the managing authorities in the field of support, the Ministry is submitting to the Government for approval a proposal for a single national framework that will methodologically unify the procedures associated with the preparation, management, implementation, monitoring and evaluation of the programmes of these funds.
(3) Ministry of Support in cooperation with managing authorities
(a) propose a strategic framework and priorities for the development of the Czech Republic to the Government;
(b) ensure the preparation, implementation, monitoring and evaluation of the Partnership Agreement concluded between the Czech Republic and the European Commission on the drawing-up of European Union funds in the field of support ("the Partnership Agreement"),
(c) propose to the Government a system for drawing funds from European Union funds, which includes the definition of operational programmes, management bodies and relevant interfaces and the continuity between operational programmes;
(d) coordinate the efficient use of European Union funds and the fulfilment of conditions and monitor compliance with the cross-cutting obligations for the use of European Union funds laid down in directly applicable European Union provisions;
(e) identify and assess the risks of the use of European Union funds and propose appropriate measures to the government.
(4) Ministry in the field of funds, programmes and instruments in direct management of the European Commission at national level and in cooperation with national contact points
(a) monitor and evaluate the use of funds, programmes and instruments, promote the interests of the Czech Republic in the European Commission and propose measures to improve the use of funds, programmes and instruments;
(b) propose measures to harmonise the rules for granting aid and monitor and evaluate factual overlaps and follow-up in cooperation with the managing authorities;
(c) provide methodological, educational, information and promotion support for the use of funds, programmes and instruments.
(5) The Ministry, after consulting the managing authorities15) in the field of support, issues management acts binding on the managing authorities of operational programmes, by which it methodologically harmonises the procedures associated with the preparation, management, implementation, monitoring and evaluation of such programmes. If, after consulting the managing authorities of operational programmes in the field of support, no agreement is reached between the Ministry and the managing authorities of operational programmes, the government shall decide on the discrepancies on a proposal from the Ministry.
European Union Funds Council
(1) The Government establishes, as its advisory body, a Council for the European Union Funds (hereinafter referred to as the Council). The President of the Council shall be a member of the Government. Its members are representatives of central government bodies and representatives of government advisory and labour bodies. Details concerning the composition, scope, organisation and activities of the Council shall be laid down in its Statute, approved by the Government.
(2) The Council shall in particular examine:
(a) ensuring consistency of implementation of support programmes with the Partnership Agreement and with the strategic documents of the Czech Republic and the European Union;
(b) the benefits of the European Union's cohesion policy and fisheries policy for the purpose of meeting the financing priorities of the Partnership Agreement;
(c) material overlaps and linkages between co-financed programmes in the field of support, with a view to ensuring synergies;
(d) proposals for addressing serious problems and managing risks in programmes, systemic measures necessary for the proper and effective implementation of cohesion and fisheries policy;
(e) updating the Partnership Agreement and information on changes in support programmes linked to changes in the applicable allocation of funds between programmes;
(f) measures in the field of funds, programmes and instruments in direct management of the European Commission pursuant to Article 17a (4).
(3) The allocation of funds in the field of support between operational programmes and proposals for possible changes to the applicable allocation of funds shall be approved by the Government on a proposal from the Ministry after prior discussion in the Council.
Managing authority and intermediate body
(1) In the field of support, the grant or repayable financial assistance from the European Union Funds under specific legislation17) is the managing authority in accordance with the directly applicable European Union15), or another managing authority in writing authorised by the legal entity or organisational body of the State.
(2) The managing authorities referred to in paragraph 1 shall provide the Ministry, at its request, with the documents necessary for the fulfilment of the objectives of the Partnership Agreement.
(3) In the field of support, the managing authority shall issue management acts laying down procedures for the preparation, management, implementation, control, monitoring and evaluation of the operational programme. These management acts are binding on the intermediate subject13).
(1) The cities of Brno, Ostrava, Plzeň, Ústí nad Labem, Pardubice, Olomouc, České Budějovice, Jihlava, Karlovy Vary, Liberec, Mladá Běslav, Zlín and the capital of Prague process and implement territorial strategies and may conclude public contracts with other municipalities for this purpose. The Administrative Body for Dispute Settlement of these Contracts is the Ministry.
(2) The cities of Brno, Ostrava, Plzeň, Ústí nad Labem, Pardubice, Olomouc and the capital of Prague process and fulfil sustainable urban strategy18). To this end, they may conclude public contracts with other municipalities (19). The Administrative Body for Dispute Settlement of these Contracts is the Ministry.
(3) The managing authority (15), with the exception of the managing authority of the Operational Programme Praha - Growth Pole, shall entrust the cities referred to in paragraph 2 with the functions of intermediate body. The functions of the intermediate body shall be performed by the cities referred to in paragraph 2 in the delegated capacity. The material competence in the performance of the functions of the intermediate body shall always be linked to a sustainable urban strategy18), the implementation of which shall be the responsibility of each of the entrusted cities referred to in paragraph 2, and shall include the selection of operations. The selection of operations shall give a binding opinion for the purposes of the grant procedure.
(4) The entrustment of the cities referred to in paragraph 3 takes place through the conclusion of a public contract (20), which also regulates the relations between the managing authority and the city entrusted with the performance of the function of intermediate body, including the financing arrangements. In order to agree to the conclusion of each of these contracts and to resolve disputes arising therefrom, the competent minister shall be the head of the Ministry responsible for managing the operational programme which is a party to this Treaty.
(5) The city shall be obliged to compensate the State for any damage caused in the performance of the duties of the intermediate body referred to in paragraph 3. The recovery of such damage shall be carried out in accordance with the Civil Code.
Monitoring system
(1) The monitoring system in accordance with the directly applicable European Union16 (hereinafter referred to as the monitoring system) is a public information system of the public administration and its administrator is the Ministry. The monitoring system is used in the area of support and in the area of territorial cooperation for the mutual communication of entities implementing the structure and for the information security of activities and processes related primarily to:
(a) preparation and implementation of the Partnership Agreement;
(b) the preparation and application of financial, programme or other instruments as defined by the Ministry's methodological documents.
(2) The monitoring system is used in the field of support and in the area of territorial cooperation also for information security of activities and processes related to:
(a) preparation, planning, management, monitoring, reporting and evaluation of operational programmes;
(b) by announcing calls for grants or repayable financial assistance;
(c) the submission of applications for grants or repayable financial assistance, payment applications, change reports and other similar documents;
(d) service of decisions in the procedure for granting grants or repayable financial assistance, as well as other documents to be served on the applicant or the beneficiary;
(e) preparation, planning, management, monitoring, reporting and evaluation of projects throughout their entire life cycle, including a defined period of sustainability;
(f) planning and managing checks on programmes and projects.
(3) The monitoring system shall not be used for the area of the European Agricultural Guarantee Fund and the European Agricultural Fund for Rural Development, except for community-led local development strategies.
(4) The document referred to in paragraph 2 (d) shall be deemed to have been delivered at the time when the applicant, the consignee or the person authorised by them enters the monitoring system, having regard to the scope of their authorisation within the monitoring system, and having access to the document.
(5) If the applicant, the consignee or their authorised person has not entered the monitoring system within 10 days of the date on which the document was inserted into the monitoring system, that document shall be deemed to have been delivered on the last day of that period; This does not apply if specific legislation excludes replacement delivery.
(6) The author of documents in the monitoring system according to the law governing archiving and file service is the authorized user of the system. The monitoring system is a separate document log. The obligation to carry out a file service shall be deemed to be fulfilled in respect of documents stored in the monitoring system. The administrator of the monitoring system shall perform the duties of the originator in the selection of archival sites under the law governing archiving and file service as regards documents stored in the monitoring system. The National Archives are selected.
A European Social Fund information system, which is a public information system for public administration, and whose administrator is the Ministry of Labour and Social Affairs, is set up for the purpose of monitoring persons supported by European Union funds under the directly applicable European Union law. Data on persons supported by European Union funds under the directly applicable European Union Regulation shall be transmitted from the European Social Fund information system to the monitoring system.
Use of data from public administration information systems
(1) The Ministry uses data from the basic population register in the area of financial support for regional development for the management of the monitoring system
(a) surname;
(b) the name and, where appropriate, the names,
(c) the address of the place of stay,
(d) date, place and district of birth; the date, place and state of birth of the data subject born abroad;
(e) citizenship and, where appropriate, multiple citizenship.
(2) The Ministry uses data from the population registration information system in the area of financial support for regional development for the management of the monitoring system
(a) the name and / or the names, surnames and surnames,
(b) the address of the place of permanent residence, including the previous addresses of the place of permanent residence, and, where appropriate, the address to which the documents are to be served in accordance with specific legislation;
(c) date of birth;
(d) sex,
(e) place and district of birth; a citizen born abroad, the place and state where the citizen was born,
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Regulation Information
| Citation | Act No. 248 / 2000 Coll., on the Promotion of Regional Development |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 09.08.2000 |
|---|---|
| Effective from | 01.01.2001 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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