Act No. 298 / 2015 Coll.
Act amending Act No. 248 / 2000 Coll., on the Promotion of Regional Development, as amended, and certain other laws
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Effective from 25.11.2015
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25.11.2015
10.11.2015
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298
THE LAW
of 22 October 2015
amending Act No. 248 / 2000 Coll., on the Promotion of Regional Development, as amended, and certain other laws
Parliament has decided on this law of the Czech Republic:
Amendment of the Regional Development Support Act
Act No. 248 / 2000 Coll., on the promotion of regional development, as amended by Act No. 320 / 2002 Coll., Act No. 109 / 2006 Coll., Act No. 138 / 2006 Coll., Act No. 186 / 2006 Coll., Act No. 66 / 2007 Coll., Act No. 154 / 2009 Coll., Act No. 199 / 2010 Coll., Act No. 253 / 2011 Coll., Act No. 420 / 2011 Coll., Act No. 457 / 2011 Coll., Act No. 239 / 2012 Coll. and Act No. 250 / 2014 Coll., is amended as follows:
1. Parts first to third, including the headings and footnotes Nos 7 and 11 to 14, shall read:
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;
(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 individual regions, and lays down 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
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.
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 proposal for a regional development strategy is submitted for approval to the regional council 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 has been taken into account.
(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 the regional development of the region's territorial district, the regional budget draft funds are earmarked 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.
7) Regulation (EC) No 1082 / 2006 of the European Parliament and of the Council of 5 July 2006 on a European grouping of territorial cooperation (EGTC), as amended by Regulation (EU) No 1302 / 2013 of the European Parliament and of the Council.
11) Article 12 of Act No. 218 / 2000 Coll., on budgetary rules and on the amendment of certain related laws (budgetary rules), as amended.
12) Act No. 100 / 2001 Coll., on Environmental Impact Assessment and Amendment of Certain Related Acts (Act on Environmental Impact Assessment), as amended.
13) Article 123 (6) of Regulation (EU) No 1303 / 2013 of the European Parliament and of the Council of 17 December 2013 on common provisions for the European Regional Development Fund, the European Social Fund, the Cohesion Fund, the European Agricultural Fund for Rural Development and the European Maritime and Fisheries Fund, laying down general provisions on the European Regional Development Fund, the European Social Fund, the Cohesion Fund and the European Maritime and Fisheries Fund, and repealing Council Regulation (EC) No 1083 / 2006.
14) Article 23 (2) and (4) of Regulation (EU) No 1299 / 2013 of the European Parliament and of the Council of 17 December 2013 on specific provisions for support from the European Regional Development Fund for the European territorial cooperation objective. ';
2. footnotes 1 to 5 are deleted.
3. The heading of Part Four reads: "COORDINATION OF ECONOMIC, SOCIAL AND TERRITORIAL COHESION AID '.
4. In Section 15 of the introductory part of the provision, the words "economic and social 'are replaced by the words" economic, social and territorial aid'.
5. In Article 15 (f), "Vysočina Region 'is replaced by" Vysočina Region';
(6) footnote 6a reads:
"(6a) Council Regulation (EC) No 1083 / 2006 of 11 July 2006 laying down general provisions on the European Regional Development Fund, the European Social Fund and the Cohesion Fund and repealing Regulation (EC) No 1260 / 1999."
7. In Article 16, the sentence "The Regional Council shall exercise its competence in the field of public administration shall be inserted at the beginning of paragraph 5."
8. In the first sentence of Article 16d (1), the words "not later than 90 days from the date on which the constituent meeting of the regional council took place or the date on which the office of member of the committee referred to in paragraph 2 was terminated 'shall be deleted.
9. Paragraph 16d (2) reads as follows:
"(2) A member of the Committee, if he has not resigned or has not been removed from office, shall perform his duties until the county council has elected his successor. If a member of the committee resigns or is withdrawn, the representative of the county shall elect his successor within 90 days. In the event of the resignation of a member of the Committee, the performance of his duties shall expire 30 days after the resignation of the representative. If a member of the Committee is removed, his duties shall cease on the date of his appeal unless the representative indicates a later date in his decision of appeal. ';
10. in Article 16d, paragraph 3 is deleted;
Paragraphs 4 to 8 shall be renumbered paragraphs 3 to 7.
11. in Article 16f, the following paragraph 5 is added:
"(5) The current President and Vice-President shall perform their duties until the Committee elects a new President or Vice-President."
12. In Article 17, the following paragraph 7 is added:
"(7) For the purposes of the Civil Service Act, an employee of the Regional Council shall be regarded as an official of the local self-government. The exercise of an activity referred to in Section 5 of the Civil Service Act or an activity similar to that of an employee of the Regional Council shall be considered to be the activity of an official of a local authority in the Regional Office for the purposes of counting the practice under the Civil Service Act. '
13. Paragraph 18, including footnote 15 to 20, reads:
(1) The Ministry ensures cooperation between the Czech Republic and the institutions of the European Union in the fields of promoting economic, social and territorial cohesion and territorial cooperation.
(2) The Ministry, after consulting the governing bodies of the European Structural and Investment Funds, establishes a single national framework adopted by the resolutions of the Government of the Czech Republic, by which it methodologically harmonises the procedures associated with the preparation, management, implementation, monitoring and evaluation of the programmes of these funds.
(3) The procedures associated with the preparation, management, implementation, monitoring and evaluation of the Rural Development Programme are carried out by the Ministry of Agriculture after consulting the Ministry of Agriculture. These procedures shall be based on the single national framework referred to in paragraph 2 and shall create conditions for the fulfilment of the obligations arising from the Partnership Agreement concluded between the Czech Republic and the European Commission on drawing from the European Structural and Investment Funds ("the Partnership Agreement ').
(4) The Ministry, after consulting the managing authorities15) 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, 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.
(5) The monitoring system under the directly applicable European Union16) is a public information system of the public administration and its administrator is the Ministry. The monitoring system ensures mutual communication between bodies of the implementation structure and 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.
(6) The monitoring system is also used in the field of economic, social and territorial cohesion 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) submitting applications for grants or repayable financial assistance, payment applications, change reports and other similar documents;
(d) preparation, planning, management, monitoring, reporting and evaluation of projects throughout their entire life cycle, including a defined sustainability period;
(e) planning and managing checks on programmes and projects.
(7) A Management and Coordination Committee is set up for the 2007-2013 programming period for the coordination of assistance provided by the European Union at national level. Its members are delegated representatives of the ministries, regions, entrepreneurs, trade unions, non-state non-profit organisations and other legal entities concerned. Details of the composition, competence, organisation and activities of the Management and Coordination Committee shall be laid down in its Statute and Rules of Procedure, approved by the Government on a proposal from the Ministry.
(8) A Council for the European Structural and Investment Funds (hereinafter referred to as the Council), which is an advisory body of the Government, is hereby established. The President of the Council shall be the Prime Minister. 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.
(9) The Council shall in particular examine:
(a) ensuring consistency of the implementation of the European Structural and Investment Funds programmes with the Partnership Agreement and with the strategic documents of the Czech Republic and the European Union;
(b) the benefits of the various policies of the European Union, i.e. cohesion policy, rural development policy and fisheries policy, for the purpose of meeting the financing priorities of the Partnership Agreement;
(c) substantive interfaces and linkages between programmes co-financed by the European Structural and Investment Funds with a view to ensuring synergies;
(d) proposals for dealing with serious problems and risk management in programmes, the systemic measures necessary for the proper and effective implementation of cohesion policy, rural development policy and fisheries policy;
(e) updating the Partnership Agreement and information on changes to the programmes of the European Structural and Investment Funds linked to changes to the applicable allocation of funds between programmes.
(10) The distribution of European Structural and Investment Funds' funds in the field of economic, social and territorial cohesion between operational programmes and proposals for any changes to the applicable allocation of funds shall be approved by the Government, on a proposal from the Ministry, after prior consultation with the Council.
(11) In the field of promoting economic, social and territorial cohesion, the managing authority under the directly applicable European Union15), or another managing authority, shall be the provider of the subsidy or repayable financial assistance from the European Structural and Investment Funds under specific legislation17), or another delegated body.
(12) The subsidy providers referred to in paragraph 11 shall provide the Ministry with at its request the supporting documents necessary for the fulfilment of the objectives of the Partnership Agreement.
(13) In the field of promoting economic, social and territorial cohesion, 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).
(14) 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.
(15) 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 14 with the functions of intermediate body. The capacity of the intermediate body shall be exercised by the cities referred to in paragraph 14 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 14, and shall include the selection of operations. The selection of operations shall give a binding opinion for the purposes of the grant procedure.
(16) The entrustment of the cities referred to in paragraph 15 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 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.
(17) 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 15. The recovery of such damage shall be carried out in accordance with the Civil Code.
15) Article 123 (1) of Regulation (EU) No 1303 / 2013 of the European Parliament and of the Council.
16) Regulation (EU) No 1303 / 2013 of the European Parliament and of the Council.
17) Act No. 218 / 2000 Coll., as amended. Act No. 250 / 2000 Coll., as amended.
18) Article 7 (4) of Regulation (EU) No 1301 / 2013 of the European Parliament and of the Council on the European Regional Development Fund, laying down specific provisions on the Investment for growth and jobs goal and repealing Regulation (EC) No 1080 / 2006.
19) Article 46 of Act No. 128 / 2000 Coll., on Municipality (municipal establishment), as amended.
20) § 159 to 170 of Act No. 500 / 2004 Coll., the Administrative Code, as amended. '
14. § 18a reads:
(1) This section, following the directly applicable European Union Regulation on the European grouping of territorial cooperation (7) (hereinafter referred to as the "European Grouping Regulation '), regulates the procedure for the approval of participation in the grouping, the establishment and registration of groupings based in the Czech Republic and other related relations.
(2) Grouping with the participation of a member with limited liability is required to have adequate insurance or other reinsurance for the entire duration of their activity under Article 12 of the European Grouping Regulation.
(3) The name of the grouping located in the Czech Republic must include the designation "European grouping of territorial cooperation 'or the abbreviation" EGTC'.
(4) Where the liability of at least one member of a group from a Member State is limited as a result of the national law under which it is established, the other members in the Convention may also limit their liability. ';
15. in Paragraph 18b (4):
"(4) A member of a group approved by the Ministry to participate in a group established in the Czech Republic but which has not yet been registered, or a member of a group approved to participate in a group established in the territory of another Member State of the European Union, shall notify the Ministry in writing of the planned amendment to the Convention or amendment to the Statutes pursuant to Article 4 (6) of the European Grouping Regulation and request approval of the amendment to the Convention, with the exception of an amendment to the Convention consisting of the accession of a new member to which Article 4 (6a) (a) of the European Grouping Regulation applies. ';
16. in Paragraph 18c (3):
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Regulation Information
| Citation | Act No. 298 / 2015 Coll., amending Act No. 248 / 2000 Coll., on the Promotion of Regional Development, as amended, and some other laws |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 10.11.2015 |
|---|---|
| Effective from | 25.11.2015 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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