Act No. 320 / 2016 Coll.
Law on the Office for Access to Transport Infrastructure
Valid
Law
Effective from 01.04.2017
320
THE LAW
of 24 August 2016
concerning the Office for Access to Transport Infrastructure
Parliament has decided on this law of the Czech Republic:
Preliminary provisions
(1) This law implements the relevant provisions of the European Union1) and regulates the status, competence and organisation of the Office for Access to Transport Infrastructure (the Office) and the legal situation in the employment of certain natural persons included in the Office.
(2) This law is without prejudice to the legislation governing the protection of competition and the competence of the Office for the Protection of Competition, which is exclusively competent to protect competition in the Czech Republic.
Establishment and seat of the Office
A Prague-based office is established.
Status and competence of the Office
(1) The Office is the central administrative office for:
(a) the use and access of railway and air transport infrastructure;
(b) use of and access to railway transport infrastructure (2);
c) price control in the area of the use of railway transport infrastructure and service facilities under the law governing the scope of the authorities of the Czech Republic in the field of prices and
(d) providing support for the operation of the European electronic toll service.
(2) The Office shall be independent in the exercise of its competence, shall act impartially and shall only apply laws and other laws.
The President of the Office
(1) The Office shall be headed by a President appointed and dismissed by the Government. The term of office of the President of the Office shall be six years and may be renewed. The President of the Office shall be deemed to be a service body under the Civil Service Act and shall be entitled to give orders to a civil servant incorporated in the Office. The office of President of the Office shall be performed in an employment capacity.
(2) The function of a Member or Senator, a judge, a public prosecutor, a public administration function, a member of the institutions of the local authorities, interest and professional self-administration and a post in political parties and political movements is incompatible with the function of President of the Office. In addition, membership of management, supervisory and supervisory bodies of business entities, advisory or mediation activities in the field of transport, participation in commercial companies in the field of transport and other gainful activities, with the exception of scientific, literary, publicistic, artistic or pedagogical activities, and the management of own property, is incompatible with the function of the President of the Office.
(3) A citizen of the Czech Republic may be appointed President of the Office, who
(a) is fully competent;
(b) is righteous;
(c) has completed a Master's degree; and
(d) has at least 7 years of experience within the field of competence of the Office, of which at least 3 years as Head of Office.
(4) A person who has been convicted of an intentional offence or an offence against order in public matters committed out of negligence or has been convicted of another offence committed out of negligence for which an unconditional sentence of imprisonment has been imposed on him for a period of at least 1 year shall not be deemed to be righteous.
(5) The Government shall remove the President of the Office from office if:
(a) no longer fulfils any of the conditions for appointment;
(b) one of the grounds for incompatibility with the performance of his duties under this Act or under the Act on Conflict of Interest;
(c) seriously impair confidence in the independence and impartiality of the Office; or
(d) he has requested it.
(6) The Government may remove the President of the Office from office even if he does not perform his duties for more than 6 months.
Vice-President of the Office
(1) The President of the Office shall appoint and remove the Vice-President of the Office who shall represent him.
(2) Paragraph 4 (2) to (4) shall apply mutatis mutandis to the appointment of the Vice-President of the Office, to the assessment of incompatibility with the function of Vice-President of the Office and to the assessment of its integrity.
(3) The Vice-President of the Office is entitled to give orders for the performance of a civil service to a civil servant incorporated in the Office.
No competition
(1) Any person who has served as President or Vice-President of the Office may not, for a period of 1 year from the date of termination of his or her duties, be an institution or a member of an institution of an operating legal person whose activity falls within the competence of the Office, or be in a legal or similar relationship with the Office or engage in business activities within the scope of the Office.
(2) A cash compensation equal to six times the average monthly earnings he made in that capacity is payable to the person who served as President or Vice-President of the Office.
(3) The right to cash compensation shall not arise for the person referred to in paragraph 2 if, after the performance of his duties, he remains in an employment relationship or an employment relationship with the Office. Nor does the right to pay cash compensation arise if the President or Vice-President of the Office
(a) withdrawn for loss of integrity;
(b) withdrawn for breach of trust in the independence and impartiality of the Office;
(c) withdrawn for one of the reasons for incompatibility with the performance of his duties under this Act or under the Act on Conflict of Interest; or
(d) reappointed for the immediate subsequent term of office.
(4) Whoever infringes the prohibition provided for in paragraph 1 is required to pay the Office twice the proportion of the cash compensation to be determined by the number of days from the date of the infringement until the end of the period.
Cooperation with the Competition Authority
(1) The Office and the Office for the Protection of Competition provide each other with the initiatives, information and other forms of synergies necessary for the performance of their tasks, while seeking to reach agreement in their opinions. When transmitting the information, the beneficiary shall ensure the same level of confidentiality as the donor.
(2) The Office and the Office for the Protection of Competition shall inform each other of the conduct of market participants which may be reasonably considered to distort or restrict competition or lead to such restriction or distortion, as well as of the intention to take a decision on such matters.
(3) At the request of the Office for the Protection of Competition, the Office gives an opinion as to whether the conduct of the competitor is a breach of the obligation which the Office oversees.
International cooperation
The Office shall cooperate with the competent authorities of other States in order to exchange information and assist in the exercise of its responsibilities.
Activity and Management Report
(1) The Office shall submit to the Chamber of Deputies and the Government by 31 March each year a summary report on its activities and on its management for the previous calendar year.
(2) The report referred to in paragraph 1 shall be published annually by the Office by 30 June in a manner which allows remote access.
Transitional provisions
(1) The President of the Office shall, after consulting the Ministry of Finance, submit a proposal for the first systemisation of posts and the first systemisation of posts to the Ministry of the Interior within 1 month of its appointment.
(2) The draft first organisational structure of the Office shall be submitted by the President of the Office to the Ministry of the Interior for comments within 1 month of the date of approval of the first schemes referred to in paragraph 1 by the Government.
(3) Before the establishment of the Office, a selection procedure may be held for the vacancy of the Office after approval by the Government of the first systemisation of the posts referred to in paragraph 1. In this case, the President of the Office shall select from the three most suitable applicants or from other applicants who have succeeded in the selection procedure, pursuant to § 28 (2) and (3) of the Civil Service Act.
Efficacy
This Law shall take effect on the first day of the sixth calendar month following its publication, with the exception of the provisions of Sections 4 and 10, which shall take effect on the first day of the second calendar month following its publication.
Hamlet v. r.
Zeman v. r.
Sobotka v. r.
1) Directive 2009 / 12 / EC of the European Parliament and of the Council of 11 March 2009 on airport charges. Commission Decision 2009 / 750 / EC of 6 October 2009 concerning the definition of a European electronic toll service and its technical elements. Directive 2012 / 34 / EU of the European Parliament and of the Council of 21 November 2012 establishing a single European railway area.
2) Article 2 (9) of Act No. 266 / 1994 Coll., on Railways, as amended by Act No. 319 / 2016 Coll.
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Regulation Information
| Citation | Act No. 320 / 2016 Coll., on the Office for Access to Transport Infrastructure |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 03.10.2016 |
|---|---|
| Effective from | 01.04.2017 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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