Act No. 25 / 2017 Coll.
Act on the collection of selected data for the purposes of public finance monitoring and management
Valid
Effective from 01.01.2017
25
THE LAW
of 17 January 2017
on the collection of selected data for the monitoring and management of public finances
Parliament has decided on this law of the Czech Republic:
Subject matter
This law regulates the obligation of certain persons or units of the public institutions1) to submit to the Ministry of Finance ("the Ministry ') selected data on their revenue and expenditure for the purposes of monitoring and managing public financial2).
Scope
The person or unit from the public institution sector submitting the selected data under this Act (hereinafter referred to as the person concerned) shall be:
(a) the organisational component of the State;
(b) the State Fund;
(c) a state contribution organisation;
(d) public university;
(e) a public research institution set up by the Czech Republic;
(f) a territorial body,
(g) voluntary association of municipalities;
(h) a contribution organisation set up by the local authorities, a voluntary association of municipalities or a municipal part of the capital of Prague;
(i) another economic entity that meets the characteristics of a general government institution according to the directly applicable European Union law governing the European system of national and regional accounts in the European Union3) and which is also registered as an institutional unit of central government in the register of economic operators maintained by the Czech Statistical Office under the Act governing the national statistical services4), on 1 January of the relevant year,
(j) another economic entity that meets the characteristics of a general government institution according to the directly applicable European Union law governing the European system of national and regional accounts in the European Union (3), which is registered as an institutional unit of local government in the register of economic operators referred to in (j) on 1 January of the relevant year, and which is also a provider of health services or a public transport operator; or
(k) a public cultural institution.
Monthly data on revenue and expenditure
(1) The person concerned referred to in paragraphs 2 (c) to (e) and (i) shall submit monthly data on his or her income and expenditure in the state at the last day of the calendar month concerned by the 15th day of the following calendar month. The structure of the data submitted shall be determined by the Ministry by a decree.
(2) If the person concerned fails to fulfil his or her obligation under paragraph 1, the Ministry shall invite him or her, within 3 working days of the date of receipt of the request, to make a correction or to provide an explanation.
(3) The person concerned shall be exempt from the obligation referred to in paragraph 1 if the average of his total annual costs, based on the profit and loss account for the last 2 calendar years for which the financial statements are available (5), is below the amount laid down by the Ministry by the Decree, up to a maximum of 0,01% of the nominal gross domestic product for the previous calendar year, which is last published by the Czech Statistical Office in the current year.
(4) The person concerned shall, in accordance with paragraph 3, proceed with the submission of data on his or her revenue and expenditure in accordance with Section 4.
Quarterly data on revenue and expenditure
(1) The person concerned referred to in Article 2 (j) shall submit quarterly data on his or her income and expenditure at the latest day of the calendar quarter concerned within 30 days of the end of the first, second or third quarters; submit these data for the fourth quarter by 25 February of the following calendar year. The structure of the data submitted shall be determined by the Ministry by a decree.
(2) If the person concerned fails to fulfil his or her obligation under paragraph 1, the Ministry shall invite him or her, within 10 working days of the date of receipt of the request, to make a correction or to provide an explanation.
Annual data on guarantees provided
(1) The person concerned referred to in Article 2 (b), (f) to (g) and (j) shall submit the details of his conditional commitments to be granted once a year on the last day of the calendar year concerned, by 25 February of the following calendar year. The structure of the data submitted shall be determined by the Ministry by a decree.
(2) If the person concerned fails to fulfil his or her obligation under paragraph 1, the Ministry shall invite him or her, within 10 working days of the date of receipt of the request, to make a correction or to provide an explanation.
(3) For the purposes of this Act, guarantees are:
(a) guarantee or financial guarantee under the Civil Code;
(b) the exchange-rate handling according to the law governing the notes; or
(c) the guarantee provided by the Czech Republic under another law.
Annual data on public-private partnership projects
(1) The person concerned referred to in points (a) to (h) and (j) of Article 2 shall submit, once a year, data on his public-private partnership projects in the state on the last day of the calendar year concerned by 25 February of the following calendar year. The structure of the data submitted shall be determined by the Ministry by a decree.
(2) If the person concerned fails to fulfil his or her obligation under paragraph 1, the Ministry shall invite him or her, within 10 working days of the date of receipt of the request, to make a correction or to provide an explanation.
(3) Public-private partnerships projects for the purposes of this Act are public contracts and concessions with a forecast value of CZK 300 000 000 and higher under the Public Procurement Act, the purpose of which is to use the resources and capabilities of private sector persons while providing public infrastructures6) or public services related to the maintenance and operation of long-term intangible or long-term tangible assets, provided that the contract is concluded for at least 2 years.
Data submission procedure
(1) The person concerned shall submit to the Ministry the data referred to in paragraphs 3 to 6 through the central system of the state's accounting information under the Decree governing accounting records (7). The person concerned referred to in § 2 (e) and (j) may do so by using his or her founder, unless he or she has direct access to the central accounting information system of the State.
(2) Where the data referred to in paragraph 1 are the subject or part of a classified information8), they shall be submitted to the Ministry only in writing indicating the appropriate classification level.
Transfers
(1) The person concerned referred to in paragraphs 2 (c) to (e) and (i) shall commit an offence by failing to submit monthly data on his or her income and expenditure or by the additional time limit laid down in paragraph 3 (2).
(2) The person concerned referred to in Article 2 (j) commits an infringement by not submitting quarterly data on his or her income and expenses, even within the additional period laid down in Article 4 (2).
(3) The person concerned referred to in Article 2 (b), (f), (g) and (j) shall commit an infringement by failing to submit information on his contingent obligations under the guarantees provided or within the additional period laid down in Article 5 (2).
(4) The person concerned referred to in points (a) to (h) and (j) of Article 2 shall commit an infringement by failing to submit the data on his public-private partnership projects within the additional time limit laid down in Article 6 (2).
(5) A penalty may be imposed in respect of an offence:
(a) 20 000 CZK if the offence referred to in paragraph 1 is committed,
(b) 50 000 CZK if the offence referred to in paragraph 2 is committed;
(c) 100 000 CZK if it is an offence pursuant to paragraph 3 or 4.
Common provisions on infringements
The transfers under this law are discussed by the Ministry.
Final provisions
(1) The first submission of the data referred to in Article 3 (1) shall be carried out by the person concerned at 31 January 2017 until 15 February 2017.
(2) The first submission of the data referred to in Article 4 (1) shall be carried out by the person concerned at 31 March by 2 May 2017.
(3) The first submission of the data pursuant to Articles 5 (1) and 6 (1) shall be carried out by the person concerned in a state as at 31 December 2017 until 26 February 2018.
(4) The person concerned referred to in Section 2 (d) shall submit the data relating to 2017 in accordance with Section 4 (1).
Efficacy
This Act shall enter into force on 1 January 2017.
Hamlet v. r.
Zeman v. r.
Sobotka v. r.
1) Act No. 23 / 2017 Coll., on the Rules of Budgetary Responsibility.
2) Article 3 (2) (a) of Council Directive 2011 / 85 / EU of 8 November 2011 on requirements for Member States' budgetary frameworks.
3) Regulation (EU) No 549 / 2013 of the European Parliament and of the Council of 21 May 2013 on the European system of national and regional accounts in the European Union.
4) Act No. 89 / 1995 Coll., on State Statistical Service, as amended.
5) Paragraph 18 (1) of Act No. 563 / 1991 Coll., on Accounting, as amended.
6) Paragraph 2 (1) (k) of Act No. 183 / 2006 Coll., on Territorial Planning and Construction Regulations (Construction Act), as amended.
7) Decree No. 383 / 2009 Coll., on accounting records in the technical form of selected entities and their transfer to the central system of the state's accounting information and on requirements for technical and mixed forms of accounting records (Technical Decree on accounting records), as amended.
8) § 2 (a) of Act No. 412 / 2005 Coll., on the Protection of classified information and on security competence, as amended.
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Regulation Information
| Citation | Act No. 25 / 2017 Coll., on the collection of selected data for monitoring and management of public finances |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 06.02.2017 |
|---|---|
| Effective from | 01.01.2017 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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