Decree of the Ministry of Transport and Communications No. 271 / 2000 Coll.
Decree of the Ministry of Transport and Communications on State support for maritime navigation and on a financial contribution to the study of the maritime profession abroad
Valid
Order
Effective from 02.09.2000
Text versions:
02.09.2000
18.08.2000
271
DECLARATION
Ministry of Transport and Communications
of 27 July 2000
on State support for maritime navigation and on a financial contribution to the study of the maritime profession abroad
The Ministry of Transport and Communications provides, pursuant to § 85 (1) of Act No. 61 / 2000 Coll., on Maritime Navigation (hereinafter "the Act ') for the implementation of § 84 (3) of the Act:
Aid to the State for maritime navigation
(1) The applicant, which is an operator of a seagoing merchant ship ("ship") flying the national flag of the Czech Republic, shall submit to the Ministry of Transport and Communications ("Ministry") an application for aid for the operation of maritime navigation, which includes:
(a) the name, registered office, legal form and identification number, if the applicant is a legal person, or the name, surname, place of permanent residence, birth number, and if there is no birth number, date of birth, if the applicant is a natural person;
(b) the amount and form of aid requested;
(c) the project to which State aid is to be granted, supported by economic analysis, including the total cost of its implementation.
There is no legal claim for aid.
(2) The application shall be accompanied by:
(a) a complete extract from the commercial register not more than one month old or proof of creation of a legal person, if the applicant is a legal person;
(b) a declaration by the applicant that all the particulars and documents submitted by him are complete and true.
(3) After verification of the application, the Ministry will discuss the amount and form of aid with the Ministry of Finance and, in the case of aid under Section 5 of the Public Aid Act, (1) submit an application to the Office for the Protection of Competition (hereinafter "the Office") for an exemption under Section 6 (1) of the Public Aid Act. If the Authority authorises an exemption, the Ministry shall submit a proposal to grant aid to the Government for consideration and approval after obtaining the legal power of this Decision.
(4) In the case of aid under Section 4 of the Public Aid Act, the Ministry shall, after verifying the application, discuss the amount and form of aid with the Ministry of Finance and submit a proposal to grant aid for consideration and approval to the Government.
(5) The total amount of aid may not exceed 70% of the total cost of the project referred to in paragraph 1 (c).
(6) The Ministry monitors the way and the correctness of the use of the aid granted, for which the beneficiary provides the Ministry with the necessary synergies. In particular, by providing the necessary synergies in the control of the method and regularity of the drawing of the aid granted,
(a) allowing entry from objects, equipment and ships;
(b) presentation of original documents, other documents and records of data on storage media within the time limits laid down;
(c) providing true and complete information on the facts relating to the aid granted.
(7) If the Ministry finds that one of the data provided in the aid application or one of the documents annexed to that application has not been complete or true, or that the beneficiary has not carried out the project for which the aid was granted or has not provided the beneficiary with the necessary synergies to the Ministry pursuant to paragraph 6, the beneficiary shall be obliged to repay the aid to the State budget through the Ministry.
(8) In order to recover the aid granted, the Ministry will invite the beneficiary in writing. The beneficiary of the aid shall repay the aid granted within three months of the receipt of this call.
Financial contribution to the study of the maritime profession abroad
(1) A financial contribution to the study of the maritime profession abroad (hereinafter referred to as "the loan") may be granted by the Ministry to:
(a) tuition fees;
(b) accommodation,
(c) catering; or
(d) study aids.
There is no legal claim to grant a loan.
(2) The loan may amount to a maximum of 120 times the amount of the minimum of life laid down under the Specific Legislation (2) as needed to ensure nutrition and other essential personal needs for the entire period of study.
(3) The loan may be granted following a written request from the Ministry containing:
(a) name, surname, place of permanent residence, applicant's birth number;
(b) the name and address of the school establishment, the field of study and its length;
(c) the estimated annual costs of study;
(d) the number of the applicant's bank account.
(4) The application shall be accompanied by:
(a) the CV of the applicant;
(b) an officially certified copy of the decision to accept the applicant for study;
(c) a guarantee statement by a natural person residing on the territory of the Czech Republic that he / she takes the responsibility of the Ministry to satisfy all claims owed by the Ministry to the applicant in connection with the loan if the applicant does not satisfy them; the declaration must include in particular the name, surname, birth number, place of permanent residence and officially certified signature of the guarantor,
(d) an extract from the register of the applicant's criminal record not earlier than 6 months.
(5) The Ministry will decide to grant the loan in respect of the number of applicants for the contribution and the amount of funds made available from the State budget for this purpose.
(6) Upon granting the loan, the Ministry shall conclude a written agreement with the applicant, which shall always contain an adjustment
(a) the amount of the loan granted;
(b) the maturity of the loan; that period may not exceed 10 years from the date on which the loan was granted,
(c) an undertaking by the applicant to complete the study for which the loan was granted in a proper manner and to submit proof of successful completion of the study within seven years of the date of commencement of the study, unless the disease or accident of the beneficiary of the loan prevented it from doing so;
(d) an undertaking by the applicant to submit, at the request of the Ministry, evidence that his studies continue;
(e) an undertaking by the applicant to repay the loan to a special account designated by the Ministry (hereinafter referred to as the "special account");
(f) an undertaking by the applicant to serve as a seaman on ships flying the national flag of the Czech Republic for a period of at least five years from the date of completion of the studies for which the loan was granted,
(g) the obligation of the Ministry to transfer the amount of the loan to the applicant's account within seven days of the date of conclusion of the contract.
(7) The applicant, in the event of a breach of any contractual obligation referred to in paragraph 6 (b), shall: (c) or (d), pay the loan and pay an amount equal to the interest on the loan granted from the date of granting the loan to the date of its repayment, using an interest rate of twice the discount rate fixed by the Czech National Bank and valid on the date of the infringement, to a special account within one year of the date on which the letter of the Ministry's invitation to repay the loan and payment of the specified amount was received to the borrower.
(8) In the event of a breach of the contractual obligation referred to in paragraph 6 (f), the applicant will pay an amount equal to the interest on the loan granted from the date on which the loan was granted until the date of its repayment at an interest rate equal to twice the discount rate set by the Czech National Bank and valid on the date of the infringement, to a special account within one year of the date on which the letter of the Ministry's call for payment was received to the borrower.
(9) The beneficiary of the loan shall be exempt from the obligation under paragraph 8 where:
(a) the breach of the contractual obligation was caused by a disease or accident on the part of the beneficiary of the loan;
(b) no ship has sailed under the national flag of the Czech Republic for at least five years during a period of 10 years from the date of completion of its studies by the beneficiary; or
(c) the operator of the ship flying the national flag of the Czech Republic has not accepted the recipient of the loan under normal conditions during the period referred to in (b).
Efficacy
This decree shall take effect on the 15th day following that of its publication.
Minister:
Ing. Schling v. r.
1) Act No. 59 / 2000 Coll., on Public Aid.
2) Act No. 463 / 1991 Coll., on Life Minimum, as amended.
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Regulation Information
| Citation | Decree of the Ministry of Transport and Communications No. 271 / 2000 Coll., on State support for maritime navigation and on financial contribution to the study of the maritime profession abroad |
|---|---|
| Regulation Type | Order |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 18.08.2000 |
|---|---|
| Effective from | 02.09.2000 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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