Act No. 39 / 2022 Coll.
Act amending Act No. 94 / 2021 Coll., on Exceptional Measures in the Epidemic of COVID-19 and on the Amendment to Certain Related Acts, as amended by the Constitutional Court found, published under No. 4 / 2022 Coll., and Act No. 520 / 2021 Coll., on further adaptations to the provision of medical care in connection with the Exceptional Measures in the Epidemic of COVID-19
Valid
Law
Effective from 26.02.2022
Text versions:
26.02.2022
25.02.2022
39
THE LAW
of 18 February 2022
amending Act No 94 / 2021 Coll., on emergency measures in the event of an outbreak of disease COVID-19 and amending certain related laws, as amended by the Constitutional Court finding, published under No. 4 / 2022 Coll., and Act No. 520 / 2021 Coll., on further adjustments to the provision of medical care in connection with exceptional measures in the event of an epidemic of disease COVID-19
Parliament has decided on this law of the Czech Republic:
Amendment of the Act on Emergency Measures in the Disease Epidemic COVID-19
Law No 94 / 2021 Coll., on emergency measures in the event of an outbreak of COVID-19 disease and on the amendment of certain related laws, as amended by the Constitutional Court found, published under No 4 / 2022 Coll., is hereby amended as follows:
1. in Article 2 (2) (b) and (c):
"(b) restrictions on the performance of business or other activities at the establishment, business centre, market, market or other premises serving business or similar activities, or laying down conditions for their performance, including restrictions on operational time;
(c) restrictions on business or similar activities in which a natural person comes into direct personal contact with another natural person or laying down conditions for the performance of such activities; ';
2. In Article 2 (2) (d), the words "sports grounds in the interior of the building, outdoor sports grounds," shall be inserted after the words "operating restrictions."
3. in Article 2 (2) (e):
"(e) restrictions on public or private events involving the accumulation of natural persons in one place at a time, or the setting of conditions for their performance reducing the risk of transmission of COVID-19 diseases, including the establishment of a maximum number of natural persons who may participate; the limitation may not be extended to meetings, meetings and similar events of public authorities and to meetings under the Law on the right of assembly, '.
4. in Article 2 (2) (f):
"(f) restrictions on teaching or other activities of a higher education institution, higher vocational school, school or school establishment, children's groups, children's facilities requiring immediate assistance, childcare facilities under the age of 3, education facilities, teaching facilities or extracurricular education of children over the age of 3 or other similar facilities or laying down conditions for teaching or other activities therein,";
5. in Article 2 (2) (k), the words' and laying down rules' shall be replaced by 'or laying down conditions';
6. In Article 2 (2) (l), the word "persons' is replaced by" natural persons'.
7. in Paragraph 2 (2) (m) read:
"(m) an order to test natural persons who are members of an organ of a legal person, operating natural persons, employees and other workers, students of a university or higher vocational school or pupils or children attending a school or educational establishment or a child group to determine the presence of SARS CoV-2 or its antigen, to determine the conditions for the personal presence of such persons at the workplace, at a university, at a higher vocational school, at a school or at a school or in a children's group, and to determine the conditions and manner of reporting the outcome of such testing or refusal to undergo such testing by the public health authority;";
8. In Article 2, the following points (n) to (v) are added at the end of paragraph 2:
"(n) an order to natural persons who have undergone a test to determine the presence of SARS CoV-2 virus antigen as referred to in (m) with a positive result shall stay separate from other natural persons until it has been established in a specified manner that such natural persons are not infected with SARS CoV-2 virus but not more than 72 hours after the test has been carried out,
(o) restrictions on the operation of, or conditions for, musical, dance, game or similar social clubs or discos, gambling or casinos, including restrictions on operational time;
(p) restrictions on the operation of zoological or botanical gardens, museums, galleries, exhibition premises, castles, locks or similar historical or cultural objects, public libraries, observatories or planetariums, or laying down conditions for their operation or use;
(q) restrictions on the performance of musical, theatrical or cinematographic performances, motion or dance productions, festivals, cultural festivals or shows or other similar events or laying down conditions for their performance;
(r) restrictions on the holding of, or conditions for, markets, fairs or trade fairs;
(s) restrictions on the holding of, or conditions for, recovery actions, other similar actions for children or suburban camps;
(t) a restriction on the activities of legal persons' bodies in the exercise of which a natural person who is a member of a legal person's body comes into direct personal contact with another natural person or establishes conditions for the exercise of such an activity;
(u) an order to any natural person who has remained in the territory of a foreign State or part of it at an increased risk of SARS CoV-2 infection for a specified period of time to stay separate from other natural persons for a maximum period of 72 hours,
(v) the order to provide the public health authority immediately after returning to the Czech Republic with its identification and contact details, information on the location and duration of the stay in the foreign country, the date of crossing the national border of the Czech Republic, the means of crossing the national border of the Czech Republic, the means of transport used on return to the Czech Republic and the place of residence in the Czech Republic for a specified period after returning to the Czech Republic and other epidemiological relevant data. "
9. in Article 2 (4) (a), the text "Article 2" is replaced by "paragraph 2."
10. The following Section 2a is inserted after Section 2, including the title:
Specific measures in relation to decisions of legal entities
(1) Where a public health authority has an emergency measure in accordance with Article 2 (2) or an emergency measure in accordance with Article 69 (1) (b) or (i) of the Public Health Protection Act, the purpose of which is to liquidate an epidemic of COVID-19 or the risk of its re-creation is to restrict or prohibit the activities of a legal person consisting of a decision at a meeting of a legal person, the legal entity may decide outside a meeting in writing or using technical means, even if it does not permit the creation of a legal act. Other conditions of decision-making outside the meetings of the institution in writing or of decision-making of the institution using the technical means provided for by law or, where applicable, the founding act shall not be affected.
(2) In the case of a supreme authority, the statutory authority shall determine the conditions for decision-making provided for in paragraph 1, or, in the case of another authority, the other authority, unless the law or the founding act provides for the conditions for decision-making provided for in paragraph 1. Those conditions shall be notified to the members of the institution in good time before the decision-making.
(3) Paragraph 652 (2) of the Commercial Corporations Act does not apply. Paragraphs 652 (1) and 653 to 655 of the Commercial Corporations Act shall apply mutatis mutandis to decisions of delegates per roll. '
11. in § 3 (1) to (5), the text "§ 2" is replaced by "§ 2 (2)."
12. in the second sentence of Article 3 (6), the words "Ministry or Regional Health Station" shall be replaced by the words "extraordinary measure" and the words "its" shall be deleted;
13. in the first sentence of Article 3 (7), the text "Article 2" is replaced by "Article 2 (4)."
14. in the second sentence of Article 3 (7), "Article 2" is replaced by "Article 2 (2)."
15. in the second sentence of Paragraph 4, "paragraphs 1 to 5" shall be replaced by "8 (1)."
16. in Article 6 (1), the words "§ 2" are replaced by the words "§ 2 (2)" and after the word "Ministry" the words "or" Regional Sanitation Station "are inserted."
17. in Article 6 (2), the text "§ 2" is replaced by "§ 2 (2)."
18. in Article 6 (4), the words "Paragraph 2" shall be replaced by the words "Paragraph 2 (2)" and after the word "health," the words "if its purpose is the disposal of the CoVID-19 epidemic or the risk of its re-emergence," shall be inserted. "
19. in Article 7 (1), the words "or the Regional Health Station" shall be inserted after the word "Ministry" and the words "Section 2" shall be replaced by the words "Section 2 (2)."
20. in § 7 (2), the text "§ 2" is replaced by "§ 2 (2)."
21. in Article 8 (1), the text "§ 2" is replaced by "§ 2 (2)."
22. In Article 8, the following sentence is added at the end of paragraph 2: "The Hejtman of the Region may also, for the purpose of managing the COVID-19 epidemic, propose the text of such a measure after consulting the Crisis Staff set up under a special legislation (3). The Regional Health Station must discuss such a challenge or proposal. '
23. The following Section 8a is inserted after Section 8:
Specific provisions on the isolation regulation or quarantine measure
(1) The notification of a regulation on isolation or quarantine measures to protect against COVID-19 disease may be made by the public health authority to a person who is obliged to submit to an isolation or quarantine measure, orally or in writing, including by means of distance communication; the notification made shall be made without delay by written record. The Ministry shall, by way of a decree, lay down the details of the manner and form of notification to the public health authority of a regulation of isolation or of a quarantine measure.
(2) In accordance with the procedure referred to in paragraph 1, those who have been ordered isolation or quarantine measures may request, orally or in writing, including by means of distance communication, the public health authority to examine the validity of their regulations within 3 working days of the date on which the isolation or quarantine measure was notified to them.
(3) The public health authority shall examine the reasons for the regulation of isolation or quarantine measures within 3 working days of the date on which the application referred to in paragraph 2 was received. If they find that the mandated isolation or quarantine measures are unfounded, they shall be cancelled or indicated as having been ordered unreasonably, or shall confirm that the regulation of isolation or quarantine measures has been justified. The outcome of the investigation shall be communicated by the public health authority to the applicant in the manner referred to in paragraph 1, unless the applicant has requested in his request another means of notification of the outcome of the investigation. If, within 3 working days of the receipt of an application for an investigation into an isolation or quarantine measure, the public health authority does not inform the person requesting an investigation, the ordered isolation or quarantine measure shall be deemed to be terminated.
(4) The procedure referred to in paragraphs 1 to 3 shall not apply to parts of the second and third administrative orders. ';
24. in § 9 (1) (a), the text "§ 2" is replaced by "§ 2 (2)."
25. in Article 10 (1), the text "§ 2" is replaced by "§ 2 (2) or under § 69 (1) (b) or (i) of the Act on the Protection of Public Health, the purpose of which is to eradicate or re-establish an epidemic of COVID-19."
26. in Paragraph 10 (2) (a), the amount "3 000 000 CZK" is replaced by "600 000 CZK" and the text "m) or (r) is added at the end of the letter,"
27. In Paragraph 10 (2) (b), the amount "CZK 1 000 000" is replaced by "CZK 200 000."
28. In Paragraph 10 (2) (c), the amount "500 000 CZK" is replaced by "100 000 CZK" and the words "or (m)" are replaced by "o), (p), (q), (s) or (t)."
29. In Paragraph 10 (2) (d), the amount "100 000 CZK" is replaced by "20 000 CZK."
30. In Paragraph 10 (2) (e), "CZK 50,000" is replaced by "CZK 10,000."
31. In Article 10, at the end of paragraph 2, the dot is replaced by a comma and the following point (f) is added:
"(f) up to 600 000 CZK if there is a failure to comply with an emergency measure pursuant to Article 69 (1) (b) or (i) of the Act on Public Health Protection, the purpose of which is to eradicate or re-establish an epidemic of COVID-19."
32. In Paragraph 10 (3), the amount "4 000 000 CZK" is replaced by "800 000 CZK."
33. In Article 10, the following paragraph 3 is inserted after paragraph 2:
"(3) In determining the amount of the offence fine referred to in paragraph 1, which consists of non-compliance with an emergency measure pursuant to Article 69 (1) (b) or (i) of the Act on the Protection of Public Health, account shall also be taken of the upper limit of the fine which may be imposed for a similarly serious offence involving non-compliance with an emergency measure under Article 2 (2). ';
Paragraphs 3 and 4 shall be renumbered paragraphs 4 and 5.
34. in Article 11 (1), the text "§ 2" is replaced by "§ 2 (2) or under § 69 (1) (b) or (i) of the Act on Public Health Protection, the purpose of which is to eradicate or re-establish an epidemic of COVID-19."
35. in Paragraph 11 (2) (a), the amount "CZK 1 000 000" is replaced by "CZK 200 000" and the text "(r) or (u) is added at the end of the text of the letter,"
36. In Paragraph 11 (2) (b), the amount "500 000 CZK" is replaced by "100 000 CZK."
37. In Paragraph 11 (2) (c), the amount "100 000 CZK" is replaced by "20 000 CZK" and the text "o), (p), (q), (s) or (v) is added at the end of the text of the letter."
38. In Paragraph 11 (2) (d), the amount "CZK 50,000" is replaced by "CZK 10,000" and the text "or (n) is added at the end of the text of the letter."
39. In Paragraph 11 (2) (e), "CZK 30,000" is replaced by "CZK 6,000."
40. In Paragraph 11, the dot is replaced by a comma at the end of paragraph 2 and the following point (f) is added:
"(f) up to 200 000 CZK if there is a failure to comply with an emergency measure under § 69 (1) (b) or (i) of the Act on the Protection of Public Health, the purpose of which is to eradicate or re-establish an epidemic of COVID-19."
41. In Paragraph 11 (3), the amount "CZK 2 000 000" is replaced by "CZK 400 000."
42. In Paragraph 11, the following paragraph 3 is inserted after paragraph 2:
"(3) In determining the amount of the offence fine referred to in paragraph 1, which consists of non-compliance with an emergency measure pursuant to Article 69 (1) (b) or (i) of the Act on the Protection of Public Health, account shall also be taken of the upper limit of the fine which may be imposed for a similarly serious offence involving non-compliance with an emergency measure under Article 2 (2). ';
Paragraphs 3 and 4 shall be renumbered paragraphs 4 and 5.
43. In the first sentence of Article 13 (1), the words "under this law 'are replaced by the words" under Article 2 (2)' and the words "and having national jurisdiction 'are deleted.
44. in Paragraph 13 (2), the words "measures of a general nature" are replaced by the words "exceptional measures."
45. in Paragraph 13 (3), the second sentence is deleted;
46. In Paragraph 13 (4), the words "even without amendment of the proposal 'shall be added at the end of the sentence, and in the sentence," general measures' shall be replaced by "exceptional measures'.
47. In Paragraph 13, the following paragraphs 5 and 6 are inserted after paragraph 4:
"(5) The proposal shall be considered as a priority; This does not apply if the exceptional measure was put into effect in the course of the annulment procedure and the obligation in the emergency measure was not replaced at the same time by a similar obligation in another exceptional measure.
(6) Paragraph 34 of the Administrative Rules does not apply in the emergency review proceedings. '
Paragraphs 5 and 6 shall become paragraphs 7 and 8.
48. Paragraph 13 (8) is deleted.
49. in Paragraph 22 (2):
"(2) Paragraphs 1 to 8a shall expire on 30 November 2022. '.
Transitional provision
The judicial proceedings for the review of emergency measures initiated before the date of entry into force of this Act shall be completed in accordance with Act No. 94 / 2021 Coll., as effective from the date of entry into force of this Act.
Amendment to the Act on further adjustments to the provision of medical care in connection with exceptional measures for the disease epidemic COVID-19
Act No 520 / 2021 Coll., on further adjustments to the provision of medical fees in connection with exceptional measures in the event of an outbreak of COVID-19 disease, is amended as follows:
1. in Article 1 (1), the following point (b) is inserted after point (a):
"(b) exceptional measures under the Act on emergency measures in the event of an outbreak of COVID-19 disease and on the modification of certain related laws which have reduced teaching or other activities of a school or school establishment, children's groups, children's facilities requiring immediate assistance, children's care facilities under 3 years of age, education facilities, teaching or extracurricular training of children over 3 years of age or other similar facilities, or laying down conditions for teaching or other activity, or for their personal presence, provided that such measures result in the personal absence of children, pupils and students in those schools and establishments or parts thereof;";
Points (b) and (c) shall be renumbered (c) and (d).
2. in Articles 1 (2) and 5 (1), the words "and (b)" shall be replaced by "(b) and (c)."
3. in Sections 1 (2), 5 (1), 6 (1), 9 and 10 (2), the text "(c)" is replaced by "(d)."
4. In Article 2, the text "and (c) 'shall be added at the end of the text of paragraph 1.
5. in Article 6 (1) and in Article 10 (2), "(b)" shall be replaced by "(b) or (c)."
EFFECTIVE
This Act shall take effect on the day following its publication.
Pekarová Adamová v. r.
Zeman v. r.
Fiala v. r.
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Regulation Information
| Citation | Act No. 39 / 2022 Coll., amending Act No. 94 / 2021 Coll., on Exceptional Measures in the Epidemic of COVID-19 and on the Amendment of Certain Related Acts, as amended by the Constitutional Court found, published under No. 4 / 2022 Coll., and Act No. 520 / 2021 Coll., on further adaptations to the provision of medical care in connection with the Exceptional Measures in the Epidemic of COVID-19 |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 25.02.2022 |
|---|---|
| Effective from | 26.02.2022 |
| Effective until | - |
| Status | Valid |
Parliamentary Paper:
Paper No. 127
Public Contracts 1
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