Act No. 319 / 2015 Coll.
Act amending Act No. 29 / 2000 Coll., on Postal Services and on the Amendment of Certain Acts (Act on Postal Services), as amended, and Act No. 77 / 1997 Coll., on State Enterprise, as amended
Valid
Law
Effective from 01.01.2016
319
THE LAW
of 11 November 2015
amending Act No. 29 / 2000 Coll., on Postal Services and amending certain laws (Postal Services Act), as amended, and Act No. 77 / 1997 Coll., on State Enterprise, as amended
Parliament has decided on this law of the Czech Republic:
Amendment of the Postal Services Act
Act No. 29 / 2000 Coll., on postal services and amending certain laws, as amended by Act No. 517 / 2002 Coll., Act No. 225 / 2003 Coll., Act No. 501 / 2004 Coll., Act No. 95 / 2005 Coll., Act No. 413 / 2005 Coll., Act No. 444 / 2005 Coll., Act No. 264 / 2006 Coll., Act No. 110 / 2007 Coll., Act No. 41 / 2009 Coll., Act No. 221 / 2012 Coll., Act No. 212 / 2013 Coll., Act No. 258 / 2014 Coll., amended as follows:
1. Paragraph 32b is deleted, including the title.
2. In Paragraph 34, the following paragraphs 2 and 3 are inserted after paragraph 1:
"(2) The postal licence holder shall publish on his website information relating to access to the postal infrastructure; the postal licence holder shall always publish the terms of the contract and the draft contract containing at least the identification details of the postal licence holder, the scope and specification of access to the postal infrastructure, including conditions, technical parameters and prices, broken down by element and service.
(3) The Office may, on its own initiative, decide to amend the draft contract referred to in paragraph 2 if it does not meet the conditions laid down in paragraphs 1, 2 and 8; the holder of the postal licence shall publish the amended draft contract on his website. "
Paragraphs 2 to 10 shall be renumbered paragraphs 4 to 12.
3. In Paragraph 34 (5), "paragraph 6 'is replaced by" paragraph 8';
4. in § 34b (4), "§ 34c (1)" is replaced by "§ 34d (1)";
5. In Paragraph 34b (6), the second sentence is deleted.
6. § 34c, including the title reads:
Financing of preliminary net costs
(1) The holder of a postal licence may submit to the Office, from 1 July to 31 December of the settlement period, an application for reimbursement of the provisional net costs for that settlement period.
(2) By decision, the Authority will determine the provisional net costs of one half of the net costs constituting an unfair financial burden for the nearest preceding settlement period for which the net costs have been verified, but not more than one half of the net costs for the respective settlement period indicated in the application for a postal licence.
(3) The State shall pay, through the Office, the provisional net costs to the holder of the postal licence no later than 30 days from the date of the decision referred to in paragraph 2. ';
7. The following Sections 34d and 34e are inserted after Section 34c, including the headings:
Financing of net costs constituting an unfair financial burden
(1) No later than 31 August of the calendar year following the end of the accounting period, the holder of a postal licence may submit to the Office an application for reimbursement of net costs constituting an unfair financial burden.
(2) By decision, the Office shall determine the net costs constituting an unfair financial burden at the level of the net costs verified in accordance with Article 34b (6), but not more than:
(a) for the calendar year 2015, of CZK 700 000 000,
(b) for the calendar year 2016 in the amount of CZK 600 000 000,
(c) for the calendar year 2017 and for the calendar year following 500 000 000 CZK;
other net costs are not considered to be an unfair financial burden.
(3) In order to cover the net costs constituting an unfair financial burden, the Office shall charge the provisional net costs paid to the postal licence holder. Where:
(a) the net costs constituting an unfair financial burden are higher than the preliminary net costs paid to the postal licence holder; the Office shall decide in the decision referred to in paragraph 2 to pay an amount equal to their difference to the postal licence holder;
(b) the provisional net costs paid to the holders of the postal licence are higher than the net costs which constitute an unfair financial burden; in the decision referred to in paragraph 2, the Office shall decide on the obligation for the holder of the postal licence to return to the State budget an amount equal to their difference.
(4) The State shall pay, through the Office, an amount equal to the difference referred to in paragraph 3 (a) to the postal licence holder no later than 30 days from the date of the decision referred to in paragraph 2.
(5) The holder of the postal licence shall repay the amount of the difference referred to in paragraph 3 (b). (b) not later than 30 days from the date of the decision referred to in paragraph 2.
(6) The amount of the difference referred to in paragraph 3 (b) shall be collected and enforced by the Office.
Result of infringement of the obligation of the postal licence holder
(1) The Office shall decide on the obligation of the holder of the postal licence to return to the State budget no later than 30 days from the date of the decision to repay the costs unduly paid plus 1 per day of such costs paid, but not more than the amount of the costs paid, to the date on which they were paid.
(2) The costs unduly reimbursed pursuant to paragraph 1 shall be collected and recovered by the Office. "
8. in Paragraph 36a (1) (c):
"(c) determines the net costs of providing and providing basic services, gives decisions on the determination of provisional net costs and on the determination of net costs which constitute an unfair financial burden and decides on the obligation of the holder of the postal licence to return the costs unduly paid to the State budget,";
9. in Paragraph 36a (1) (n):
"(n) decide to amend the draft contract on access to postal infrastructure pursuant to Article 34 (3)."
10. in Article 36a (3), the words "to provide and provide basic services under Article 34b" shall be replaced by "and preliminary net costs under Article 34b and 34c";
11. In Paragraph 37, the dot is replaced by a comma at the end of paragraph 3 and the following point (e) is added:
"(e) publish, for each settlement period, a report containing information on the verified net costs, the intangible and market advantages of the postal licence holder in accordance with Article 34b and the payments made for the preliminary net costs and net costs constituting an unfair financial burden; the report is part of the annual report on the Office's activities under the Electronic Communications Act. ';
12. in Article 37a (2), the word "or" and (o) shall be added at the end of point (n);
Point (p) shall be renumbered (o).
13. in Article 37a (2) (o), "10" is replaced by "12."
14. in Article 37a (3) (f), "7 or 8" is replaced by "2, 3, 9 or 10."
15. in Article 37a (4) (a), the words "or in accordance with paragraph 2 (o)," shall be deleted;
16. in Article 37a (4) (d), the words "or (p)" shall be replaced by the words "or (o)";
17. in Paragraph 38 (2), "paragraph 3" is replaced by "paragraph 5";
18. in Paragraph 41 (1), the words "Article 32b (3)," shall be deleted;
Transitional provision
The net cost of the provision of basic services requested before the date of entry into force of this Act shall be paid in accordance with Act No. 29 / 2000 Coll., as effective before the date of entry into force of this Act, with the exception of the provisions of § 34c (3) to (13) of Act No. 29 / 2000 Coll., as effective before the date of entry into force of that Act.
Repeal
Decree No. 432 / 2012 Coll., on the method of keeping records of the operator's income and income, which provides postal services or provides foreign postal services, is repealed.
Amendment of the State Enterprise Act
Act No. 77 / 1997 Coll., on State Company, as amended by Act No. 30 / 2000 Coll., Act No. 220 / 2000 Coll., Act No. 103 / 2001 Coll., Act No. 77 / 2002 Coll., Act No. 202 / 2002 Coll., Act No. 480 / 2003 Coll., Act No. 110 / 2007 Coll., Act No. 296 / 2007 Coll. and Act No. 213 / 2013 Coll., is amended as follows:
1. Paragraph 4 (2) reads as follows:
"(2) The founding act is a document showing the founding act within the meaning of Section 122 of the Civil Code. It shall form an integral part of an annex containing the definition of the designated assets. ';
2. in Article 6 (1) (b), the word "split" shall be inserted after the word "split up."
3. In Paragraph 7, the following sentence is added at the end of paragraph 1: "The division may take the form of split or split. A decision on the division of an undertaking by separation may be taken by the founder only after the prior approval of the Government. The decision to split an undertaking by transhumance with the transfer of part of the company's assets to an existing undertaking shall be without prejudice to the undertaking's obligation to apply for a concentration permit under the Specific Regulations (24). '.
Footnote 24 reads:
"(24) Act No. 143 / 2001 Coll., on the Protection of Competition and on the amendment of certain laws (Act on the Protection of Competition), as amended."
4. In the first sentence of Article 7 (2), the word "split 'shall be inserted after the words" split up' and the word "split up 'shall be inserted after the word" split up'.
5. Paragraph 7 (4) reads as follows:
"(4) In the event of a division or division of an undertaking by division, the instrument of incorporation of the new undertaking or of the existing undertaking with which the company being acquired or part of it is merged shall indicate the designated property with which it had the right to manage the undertaking being acquired. In the case where the division of the holding is carried out by segregation with the creation of a new undertaking and the designated property with which it had the right to manage the divested undertaking, it is part of the split part of the assets of the divested undertaking, such designated property must be indicated in the instrument of incorporation of the new undertaking and the corresponding change in the instrument of incorporation of the divestment. In the case where the division of the holding is made with the transfer of part of the assets of the divested undertaking to an existing firm and the designated assets with which it had the right to manage the divested undertaking, it is part of the divisive part of the assets of the divisive undertaking, an appropriate change must be made to the instruments of incorporation of the divisive and existing undertakings. In the event of a merger, an appropriate amendment must be made to the instrument of incorporation of the undertaking with which the undertaking is merged. ';
6. in Article 7, the following paragraph 6 is added:
"(6) Save as otherwise provided in this law, the provisions of the Civil Code on the conversion of a legal person shall apply for the merger, merger and division of an undertaking. ';
7. Paragraph 8 (2) reads as follows:
"(2) In the split-up of the company, the assets of the company being acquired shall be transferred to newly created undertakings or to existing undertakings, to the extent specified in the decision of the founder on split-up. In the case of split-up, part of the assets of the split-up shall be transferred to the newly created undertaking or to an existing firm, to the extent specified in the decision of the founder on the split-up. ';
8. In the first sentence of Article 8 (3), the word "split" shall be inserted after the words "split up."
9. In Paragraph 9 (1), the words "in the event of a merger, merger or division of an undertaking by division 'shall be inserted after the words" If it has not'.
EFFECTIVE
This Law shall enter into force on 1 January 2016, except for the provisions of Part Two which shall take effect on the first day of the calendar month following its publication.
z. Jerman v. r.
Zeman v. r.
v Belobradek v. r.
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Regulation Information
| Citation | Act No. 319 / 2015 Coll., amending Act No. 29 / 2000 Coll., on Postal Services and amending certain laws (Postal Services Act), as amended, and Act No. 77 / 1997 Coll., on State Enterprise, as amended |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 07.12.2015 |
|---|---|
| Effective from | 01.01.2016 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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