Act No. 293 / 2004 Coll.
Act amending Act No. 77 / 2002 Coll., on the Civil Society of the Czech Railways, the State Organisation of the Railway Infrastructure Administration and amending Act No. 266 / 1994 Coll., on Railways, as amended, and Act No. 77 / 1997 Coll., on the State Company, as amended, as amended, as amended, as amended, as amended by the Constitutional Court, published under No. 83 / 2003 Coll. and Act No. 179 / 2003 Coll., and Act No. 171 / 1991 Coll., on the Jurisdiction of the Bodies of the Czech Republic in the Matters of Transfers of the State to Other Persons and on the National Property Fund of the Czech Republic, as amended
Valid
Law
Effective from 01.07.2004
293
THE LAW
of 14 April 2004
amending Act No. 77 / 2002 Coll., on the public limited company České dráhy, State Organisation of the Railway Infrastructure Administration and amending Act No. 266 / 1994 Coll., on Railways, as amended, and Act No. 77 / 1997 Coll., on the State Company, as amended, as amended, as amended, as amended, as amended by the Constitutional Court, published under No. 83 / 2003 Coll. and Act No. 179 / 2003 Coll., and Act No. 171 / 1991 Coll., on the Jurisdiction of the Bodies of the Czech Republic in the Matters of Transfers of the State to Other Persons and on the National Property Fund of the Czech Republic, as amended
Parliament has decided on this law of the Czech Republic:
Amendment of the Act on public limited liability company ČD and state organization Railway Infrastructure Administration
Act No. 77 / 2002 Coll., on the public limited liability company České dráhy, state organization Railway Infrastructure Administration and amending Act No. 266 / 1994 Coll., on Railways, as amended, and Act No. 77 / 1997 Coll., on the State Company, as amended, as amended, as amended, as amended by the Constitutional Court Act No. 83 / 2003 Coll. and as amended by Act No. 179 / 2003 Coll., is amended as follows:
1. In Article 2, the following is added at the end of the text in point (a): "to which the State guarantees equal and non-discriminatory access for carriers, in particular when licensing, 4a) capacity allocation 4b) and price fixing for its use, 4c) '.
footnotes 4a to 4c are as follows:
"4a) § 24 et seq. of Act No. 266 / 1994 Coll., on Railways, as amended.
4b) § 34b of Act No. 266 / 1994 Coll., as amended by Act No. 103 / 2004 Coll.
4c) § 34e (2) of Act No. 266 / 1994 Coll., as amended by Act No. 103 / 2004 Coll. '
2. In Article 4 (2), the words "and in Article 20 (5) (b) and (c) 'are replaced by the words", Article 20 (5) (b) and Article 38a';
3. In § 8 (1) (b), the words "closed by the state organization České dráhy 2) until the date of the creation of the ČD public limited company," including the reference to footnote 2, are deleted.
4. the following paragraph 4 is added to Article 8, including footnotes No 8a) and No 8b):
"(4) ČD's public limited liability company is obliged to fulfil the obligations of the owner and operator of the railway pursuant to the special legislation8a) in relation to the part of the railway infrastructure property, 8b) which it owns.
8 (a) § 20, 21 et seq. of Act No. 266 / 1994 Coll., as amended.
(b) Regulation (EEC) No 1108 / 70 establishing an accounting system for expenditure on infrastructure for rail, road and inland waterway transport. Regulation No 2598 / 70 determining the content of each item in the schedule of accounts listed in Annex I.A to Regulation (EEC) No 1108 / 70. '
5. In Article 10, the following paragraph 5 is added:
"(5) The ČD Joint Stock Company is obliged to provide the Supreme Audit Office with the necessary synergies in the performance of the control activities of the management of the state organisation Railway Infrastructure Administration."
6. In Paragraph 11 (2), the words "profit 'are deleted.
7. in Article 11, footnote 10 shall be deleted;
8. In Article 19 (2), the words "; the State shall be liable for its obligations' shall be deleted and the words" The State shall be guaranteed for its obligations at the end of paragraph 2. The Ministry of Finance shall act on behalf of the State as guarantor. '.
9. in Article 20 (1) (a), the words "and as set out in Annex 1 to this Law" shall be deleted;
10. In Paragraph 20 (4), at the end, the sentence "This property may also not be affected by the enforcement of the decision 'is added.
11. in Article 20 (5), the comma at the end of point (b) shall be replaced by a dot and point (c) shall be deleted;
12. In Article 21, the words "and in Article 38a (1) 'shall be added at the end of the text of paragraph 1.
13. In Article 21, paragraph 3 is added, including the reference to footnote 4:
"(3) The Railway Infrastructure Administration's State Organisation shall act as the owner of the railway pursuant to a special legislation .4) '.
14. In Article 22 (1), the words "to the extent they order 'shall be inserted after the words" to the extent they order' in the introductory wording and the words "to another contractual partner 'shall be inserted after the words" to the extent they order'.
15. Paragraph 26 (2) is deleted and paragraph 1 is deleted.
16. The following paragraphs 38a and 38b are inserted after Paragraph 38, including footnotes 20) and 21):
(1) The competence to manage the property intended to cover the obligations of the Czech Railways State Organisation, as defined in the Annex to this Act, passes from the Ministry of Transport to the Railway Infrastructure Administration on 1 July 2004.
(2) On the date of the transfer of assets listed in the Annex to this Act, all the rights and obligations of the Ministry relating to the moving property shall be transferred to the State Organisation of the Railway Infrastructure Administration, whether or not they have passed through this Act or arose after 1 January 2003.
(3) The property listed in the Annex to this Act intended to cover the obligations of the Czech Railways State Organisation is considered to be property of the State permanently unused 20) and the treatment of it does not require the Government's approval. When transferring the State's assets to other legal or natural persons, the Railway Infrastructure Administration shall act accordingly under a special law. 21)
(4) The Railway Infrastructure Administration State Organisation is required to declare a change of ownership of immovable property listed in the Annex to this Act and to provide the real estate data necessary for carrying out the alert.
(5) The competence to manage the property consisting of the building located in Prague 2, the Square of Peace 9, no. 820 (National House - Cultural House of Railways) on the land of No 99 / 0 and the land of No 99 / 0 in the cadastral territory of Vinohrady goes from the Ministry of Transport to the Ministry of Culture on 1 July 2004.
The Ministry of Transport will issue a decree implementing § 22 (4), the Government will issue a decree implementing § 22 (5).
20) § 21 of Act No. 219 / 2000 Coll., on the property of the Czech Republic and its presentation in legal relations, as amended.
21) Act No. 92 / 1991 Coll., on the Conditions for Transfer of State Assets to Other Persons, as amended. '
17. In the designation of Annex 2, "2 'is deleted.
18. in the Annex, point 2, points (c) and (j) are deleted;
EFFECTIVE
This Law shall take effect on 1 July 2004.
Zaoralek v. r.
Klaus v. r.
Spindles v. r.
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Regulation Information
| Citation | Act No. 293 / 2004 Coll., amending Act No. 77 / 2002 Coll., on the Civil Society of the Czech Railways, the State Organisation of the Railway Infrastructure Administration and amending Act No. 266 / 1994 Coll., on Railways, as amended, and Act No. 77 / 1997 Coll., on the State Company, as amended, as amended, as amended, as amended, as amended by the Constitutional Court Act No. 83 / 2003 Coll. and Act No. 179 / 2003 Coll., and Act No. 171 / 1991 Coll., on the jurisdiction of the authorities of the Czech Republic in matters of transfers of the State's assets to other persons and on the National Property Fund of the Czech Republic, as amended by the Act No. 171 / 1991 Coll. |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 14.05.2004 |
|---|---|
| Effective from | 01.07.2004 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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