Act No. 323 / 2023 Coll.
Law amending certain laws in the field of crisis and material reserves
Valid
Law
Effective from 01.01.2024
323
THE LAW
of 18 October 2023
amending certain laws in the field of crisis and material reserves
Parliament has decided on this law of the Czech Republic:
Amendment of the Law on the Scope of the Administration of State Material Reserves
Act No. 97 / 1993 Coll., on the scope of the Administration of State Material Reserves, as amended by Act No. 272 / 1996 Coll., Act No. 189 / 1999 Coll., Act No. 241 / 2000 Coll., Act No. 256 / 2000 Coll., Act No. 419 / 2004 Coll., Act No. 174 / 2007 Coll., Act No. 151 / 2010 Coll., Act No. 250 / 2014 Coll., Act No. 51 / 2016 Coll., Act No. 183 / 2017 Coll., Act No. 302 / 2017 Coll., Act No. 544 / 2020 Coll., Act No. 94 / 2021 Coll., is amended as follows:
1. In the first sentence of Paragraph 3, the word "loan 'is replaced by" loan' and after the first sentence, the sentence "Administration of the Regional Authorities' procedures are methodically managed and unified and coordinated with the Ministry of the Interior the procedures of the Central Authorities in preparing economic measures for crisis situations'.
2. In the second sentence of Paragraph 4a, "applications' is replaced by" requests'.
3. In Paragraph 4b (2), the word "applications' is replaced by" requests'.
4. In the second sentence of Paragraph 4c, "applications' is replaced by" requests'.
5. In the first sentence of Paragraph 4d, "applications' is replaced by" requests'.
6. in § 4e (b):
"(b) a state contribution organisation which is a provider of health care services (10),"
7. In Section 4e of the final part of the provision, the word "applications' is replaced by the word" requests'.
8. The following Sections 4f to 4i are inserted after § 4e:
The management may provide for the essential components of the integrated rescue system in the performance of rescue and liquidation work or in the performance of the tasks of protecting the population to the extent necessary of the State tangible reserve in the form of free of charge, in the context of emergency management. The administration can do so only at the request of the Ministry of Industry and Trade. Upon completion of the rescue and liquidation work or the performance of the tasks of the protection of the population, the unused State tangible reserves of the Board must be returned. The state reserves used must be replaced by the integrated rescue system component provided. The provisions of § 14 (7), § 19 (1), § 19b, 19c, 21 to 23 and § 27 of the Act on the Property of the Czech Republic and its presentation in legal relations shall not apply.
The management may, in connection with the implementation of the restoration of electricity supply in the event of an emergency or in an emergency, provide critical infrastructure bodies with the necessary scale of the State tangible reserve in the form of free of charge. The administration can do so only at the request of the Ministry of Industry and Trade. Following the termination of the emergency or emergency prevention activities, the outstanding national material reserves of the Board must be returned. The state reserves consumed must be replaced by the critical infrastructure body to which they were provided.
The administration may, when ordering emergency measures in the event of an epidemic or the risk of an epidemic, provide the county with the necessary extent of the State tangible reserve in the form of free of charge. The management may only do so at the request of the relevant county and the decision of the head of the Central Administrative Office on the basis of which the State tangible reserves have been created. Following the completion of emergency measures in the event of an epidemic or the risk of its occurrence, the unused State material reserves of the Commission must be returned. The consumed State tangible reserves must be replaced by the region to which they were provided. The provisions of § 14 (7), § 19 (1), § 19b, 19c, 21 to 23 and § 27 of the Act on the Property of the Czech Republic and its presentation in legal relations shall not apply.
The administration can provide the services of the Czech Police to the necessary extent of the State Material Reserve in the context of the performance of tasks to ensure internal order and security by means of their free use. The administration can do so only at the request of the Ministry of Interior. Upon completion of the tasks to ensure internal order and security, the unused State tangible reserves of the Board must be returned. The consumed state tangible reserves must be replaced by the Czech Police. The provisions of § 14 (7), § 19 (1), § 19b and 19c of the Act on the Property of the Czech Republic and its presentation in legal relations shall not apply. "
9. In the first sentence of Article 6 (1), the words "with the exception of the material reserves referred to in paragraph 3 'shall be inserted after the word" acquisition,' and the words "reservation 'shall be inserted after the word" acquisition'.
10. In Article 6, the following paragraph 3 is added:
"(3) State tangible provisions are also goods or animals which the Administration reserves with their owner under a written contract and in return for payment; in the contract, the price may be negotiated only up to the amount which is customary at the place and time. These material reserves are viewed as assets of the Czech Republic with the responsibility to manage for the Administration. Paragraph 12 (4) of the First Law on the assets of the Czech Republic and its presentation in legal relations shall not apply. '
11. the following Article 6a is inserted after Article 6:
(1) The management shall carry out quality and quantity checks on State tangible reserves.
(2) The person checked shall be the protector or, where applicable, the third person who provides protection services to the protector or the owner of the reserved item or animal.
(3) If the purpose of the inspection cannot be otherwise achieved, the Administration shall be entitled, in the event of a reasonable suspicion of a serious breach of the obligation laid down by this Law, to arrange for access to the buildings, land and other premises, including the opening of closed buildings or premises owned or used by a controlled person, or otherwise directly related to the exercise and subject to control; This does not apply when a home is owned or used by a controlled person and at the same time it is not used for business.
(4) The management shall ensure the presence of an impartial person when carrying out the checks referred to in paragraph 3; This does not apply if there is a danger of delay.
(5) After carrying out the checks referred to in paragraph 3, the administration is required to ensure the construction, land or other premises against the entry of other persons. If their owner is known to the Commission, he shall inform him of the inspection operation carried out without undue delay. ';
12. in Article 7 (1), the words "right of management" shall be replaced by the words "responsibility to manage."
Amendment of the Crisis Act
In Article 6 (2) of Act No. 240 / 2000 Coll., on Crisis Management and on the amendment of certain laws (Crisis Act), as amended by Act No. 112 / 2006 Coll., Act No. 430 / 2010 Coll. and Act No. 14 / 2021 Coll., the following point (e) is inserted after point (d):
'( e) order the use of economic measures for emergency situations (39) in the context of preparation for state threats, ';
Points (e) to (g) shall be renumbered as points (f) to (h).
Amendment of the Act on economic measures for crisis situations and amending certain related laws
Act No. 241 / 2000 Coll., on economic measures for crisis situations and on the amendment of certain related laws, as amended by Act No. 320 / 2002 Coll., Act No. 354 / 2003 Coll., Act No. 237 / 2004 Coll., Act No. 413 / 2005 Coll., Act No. 444 / 2005 Coll., Act No. 296 / 2007 Coll., Act No. 281 / 2009 Coll., Act No. 153 / 2010 Coll., Act No. 76 / 2012 Coll., Act No. 183 / 2017 Coll. and Act No. 277 / 2019 Coll., is amended as follows:
1. In Article 5, the current text becomes paragraph 1 and the following paragraphs 2 and 3 are added:
"(2) The Government approves the Plan for the creation and maintenance of State tangible reserves to ensure the security of the Czech Republic (the Plan). The plan is being prepared and submitted to the government every two years by the Administration of State tangible reserves on the basis of the supporting documents it requires from the central administration. The management of the State tangible reserves shall submit to the Government a proposal to update the Plan at a shorter interval than indicated in the second sentence, if there are serious reasons.
(3) The procedure set out in Section 29 (a) of Act No. 134 / 2016 Coll., on the award of public contracts, as amended, may be used for the acquisition of the items listed in the Plan if all the conditions set out in this point are met at the same time. '
2. In Article 6 (1) (b), the words "and update 'shall be inserted after the word" processes' and the words "as a basis for the processing of the Plan 'shall be added at the end of the text of the letter.
3. In Article 13 (1), the word "processing 'is replaced by" processing and updating' and the sentence "Economic Mobilisation Plan is the basis for the management of the Plan 'is added at the end of the paragraph.
4. Paragraph 22 (1) (d) is deleted.
Point (e) shall be renumbered as point (d).
5. In Article 22, paragraphs 3 to 6 are added:
"(3) In an emergency, the Ministry of Health may extend, restrict or prohibit the distribution of medicines, medical devices or in vitro diagnostic medical devices by general measures; This is without prejudice to the authorisation of the Ministry of Health to issue general measures concerning the distribution of medicinal products, medical devices and in vitro diagnostic medical devices under other legislation.
(4) Measures of a general nature as referred to in paragraph 3 shall be taken without a procedure for draft measures of a general nature. This measure of a general nature shall take effect on the date of hanging on the official plate of the Ministry of Health and shall be suspended for at least 15 days. The Ministry of Health shall send this measure of a general nature to the State Institute for Drug Control, which shall immediately post it on its official plate for at least 15 days. This general measure shall be provided by the Ministry of Health on the day following its entry into force with a record of its effectiveness.
(5) If the State Institute for Drug Control finds that the reasons for issuing a measure of a general nature referred to in paragraph 3 have passed or changed, it shall inform the Ministry of Health without delay, together with the supporting documents giving rise to this conclusion.
(6) If the reasons for the general nature of the measures referred to in paragraph 3 have passed or changed, the Ministry of Health shall cancel or amend them without delay; paragraph 4 shall apply mutatis mutandis. ';
6. In Article 23, the following paragraph 4 is added:
"(4) In a state of threat to the state and to the state of war, the Ministry of Health may issue general measures pursuant to Paragraph 22 (3). '
7. in Article 25a (1) (a), "Article 23 (1) or (3)" is replaced by "Article 23 (1), (3) or (4)."
8. In Article 25a (1), the words "or 3 'shall be added at the end of the text of point (b).
9. In Article 26, at the end of paragraph 2, the dot is replaced by a comma and the following point (e) is added:
"(e) The Ministry of Health shall, in cases of a general nature measure pursuant to Article 22 (3)."
10. At the end of the text of § 27c, the words "and the issue of general measures pursuant to § 22 (3) of this Act 'are added.
Transitional provision
The plan for the creation and maintenance of State tangible reserves to ensure the security of the Czech Republic pursuant to § 5 (2) of Act No. 241 / 2000 Coll., as effective from the date of entry into force of this Act, shall be submitted by the Administration of State tangible reserves to the Government for approval within 2 years of the date of entry into force of this Act.
EFFECTIVE
This Act shall take effect on 1 January 2024.
Pekarová Adamová v. r.
Pavel v. r.
v Austrian v. r.
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Regulation Information
| Citation | Act No. 323 / 2023 Coll., amending certain laws in the field of crisis and material reserves |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 03.11.2023 |
|---|---|
| Effective from | 01.01.2024 |
| Effective until | - |
| Status | Valid |
Parliamentary Paper:
Paper No. 403
The regulation text is for informational purposes only.
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