Act No. 347 / 2005 Coll.
Act amending Act No. 12 / 2002 Coll., on State aid for the renewal of the territory affected by a natural or other disaster and amending Act No. 363 / 1999 Coll., on Insurance and on the amendment of certain related laws (Act on Insurance), as amended, (Act on State aid for the renewal of the territory)
Valid
Law
Effective from 01.01.2006
Text versions:
01.01.2006
13.09.2005
347
THE LAW
of 3 August 2005
amending Act No. 12 / 2002 Coll., on State aid for the renewal of the territory affected by a natural or other disaster and amending Act No. 363 / 1999 Coll., on Insurance and on the amendment of certain related laws (Insurance Act), as amended, (Act on State aid for the renewal of the territory)
Parliament has decided on this law of the Czech Republic:
Act No. 12 / 2002 Coll., on State aid in the recovery of the territory affected by a natural or other disaster and amending Act No. 363 / 1999 Coll., on Insurance and on the amendment of certain related laws (Act on Insurance), as amended, (Act on State aid in the recovery of the territory), is amended as follows:
1. In Paragraph 2 (2), the first sentence is deleted.
2. In Article 2, the following paragraphs 3 to 6 are inserted after paragraph 2:
"(3) State aid may be granted if the person concerned requests it from the Ministry which decides to grant it and proves that he is unable by his own means to restore his property to the essential functions of the territory.
(4) The application referred to in paragraph 3
(a) a legal person, with the exception of the county and the municipality, shall attach an extract from the property register which may not be more than 3 months old, certifying that he is the owner of the property situated in the territory affected by the disaster and proving that he has obtained his income for the tax period immediately preceding the calendar year in which the disaster occurred;
(b) a natural person shall attach an extract from the cadastral of real estate which may not be more than 3 months old, confirming that he is the owner of the property situated in the territory affected by the disaster, and proving that he has achieved his income for the tax period immediately preceding the calendar year in which the disaster occurred, including income arising from pension insurance benefits (insurance) or sickness insurance (care).
(5) The entrepreneur will also accompany the application for State aid
(a) the accounts or an overview of the assets and liabilities and an overview of the revenue and expenditure which have been drawn up on the last day of the month immediately preceding the disaster, if it is required to be drawn up under a specific law; If these documents cannot be attached as they have been destroyed as a result of the disaster, they shall make a solemn declaration of destruction,
(b) a solemn declaration that:
1. no bankruptcy was declared, no settlement was allowed, no application for bankruptcy was rejected for lack of assets or that the entrepreneur was not in liquidation,
2. has settled due liabilities in relation to the national budget, the national funds, the budgets of the local authorities or the health insurance undertaking;
(c) other documents, provided that their presentation is necessary to satisfy the conditions laid down for granting State aid.
(6) The Region and the Municipality shall accompany the application for State aid only with the documents required under paragraph 5 (c). "
Paragraphs 3 to 5 shall be renumbered paragraphs 7 to 9.
3. Paragraph 2 (7), including footnote 4, reads as follows:
"(7) There is no legal claim for State aid. State aid may be granted in the form of grants or repayable financial assistance (4).
4) Act No. 218 / 2000 Coll., on budgetary rules and amending certain related laws (budgetary rules), as amended. '
4. footnote 5, including the reference thereto, is deleted.
5. Paragraph 2 (9), including footnotes 5, 5a, 5b and 5c, reads as follows:
"(9) The property used to secure basic functions in the territory shall be property which is directly used for transport, economic activities, housing, except for buildings for individual recreation (5), to ensure the conditions necessary for sustainable development or as technical infrastructure and civil equipment, or that which is part of the national cultural treasures5a), the subject of protection under the conservation reserve (5b) or the conservation zone (5c).
5) § 3 (d) of Decree No. 137 / 1998 Coll., on general technical requirements for construction.
(5a) Paragraph 2 (2) of Act No. 101 / 2001 Coll., on the Recovery of Illegal Exported Cultural Goods, as amended by Act No. 180 / 2003 Coll.
5b) § 5 of Act No. 20 / 1987 Coll., on State Heritage Care.
5c) § 6 of Act No. 20 / 1987 Coll., as amended by Act No. 132 / 2000 Coll. and Act No. 320 / 2002 Coll. '.
6. In Article 2, the following paragraph 10 is added:
"(10) The delegated municipal authority (6) will provide the county, at its request, with synergies in the identification of the data needed to prepare the supporting documents for the decision to grant State aid in the recovery of the area affected by the disaster and in the training for this survey. Training shall include, in particular, the method of quantification and registration of the costs of the renewal of assets used to ensure basic functions in the territory.
6) Article 64 of Act No. 128 / 2000 Coll., on Municipality (municipal establishment), as amended by Act No. 313 / 2002 Coll. Act No 314 / 2002 Coll., on the establishment of municipalities with entrusted municipal authority and the establishment of municipalities with extended scope, as amended by Act No 387 / 2004 Coll. '.
7. In Paragraph 3 (1), the second sentence is deleted.
8. in Article 3, the following paragraph 2 is inserted after paragraph 1:
"(2) In the event of a disaster affecting assets used to secure essential functions in the territory of a significant part of the region or several counties, the Ministry of Finance may, at the request of the county, extend the deadline set for the presentation of the summary. The Region may apply for an extension of the period immediately after the expiry of the period for which the danger or emergency has been declared or immediately after the cancellation of those conditions before the expiry of the period for which they were declared. The Ministry of Finance shall communicate its position on the request to the Region no later than 24 hours after its receipt; If the application is accepted, it shall also specify the length of the extended period. The Ministry of Finance may extend the deadline on its own initiative. In the event of an extension of the deadline, the same number of days shall be extended, as well as the time limit set by the Minister for Local Development to submit a proposal for a recovery strategy to the Government for approval (Section 4 (3)). ';
Paragraphs 2 to 5 shall be renumbered paragraphs 3 to 6.
9. Paragraph 3 (3) to (5) reads as follows:
"(3) The Region shall establish the data necessary for the processing of the summary through natural persons to whom it shall issue a written mandate (hereinafter referred to as" the authorised persons'). The model of this mandate, which shall always include the name, surname and extent of the authorisation of the delegate, shall be determined by the Ministry of Finance by decree.
(4) The authorised persons shall examine the data necessary for the processing of the inventory by carrying out their own local examination of the state of the damaged property. For this purpose, they shall be entitled to enter land and buildings situated in the territory affected by the disaster upon presentation of the mandate referred to in paragraph 3 and the identity card.
(5) Where access to land or buildings situated in the territory affected by a disaster is not possible because of State defence, protection of classified information or a threat to the life or health of persons, the necessary data shall be made available to the authorised persons by the owners of such land or objects. ';
10. in Paragraph 4 (2) (c), the word "designation" is replaced by the word "listing."
11. in Article 4, paragraph 4 is deleted;
Entitlement to declare the full text of the law
The Prime Minister is hereby authorised to declare in the Collection of Laws the full text of Act No. 12 / 2002 Coll., on State aid for the renewal of the territory affected by a natural or other disaster and amending Act No. 363 / 1999 Coll., on Insurance and on the amendment of certain related laws (Insurance Act), as amended, (Act on State aid for the renewal of the territory), as is apparent from the changes made by this Act.
Repeal
Government Decree No. 399 / 2002 Coll., implementing Act No. 12 / 2002 Coll., on State aid for the renewal of the territory affected by a natural or other disaster and amending Act No. 363 / 1999 Coll., on Insurance and on the amendment of certain related laws (Insurance Act), as amended, (Act on State aid for the renewal of the territory), is hereby repealed.
Efficacy
This Law shall take effect on 1 January 2006.
Zaoralek v. r.
Klaus v. r.
Paroubek v. r.
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Regulation Information
| Citation | Act No. 347 / 2005 Coll., amending Act No. 12 / 2002 Coll., on State aid for the renewal of the territory affected by a natural or other disaster and amending Act No. 363 / 1999 Coll., on Insurance and on the amendment of certain related laws (Act on Insurance), as amended, (Act on State aid for the renewal of the territory) |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 13.09.2005 |
|---|---|
| Effective from | 01.01.2006 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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