Decree No. 394 / 2012 Coll.
Decree amending Decree No. 498 / 2000 Coll. on the planning and implementation of economic measures for crisis situations, as amended by Decree No. 542 / 2002 Coll.
Valid
Effective from 01.01.2013
394
DECLARATION
of 13 November 2012
amending Decree No 498 / 2000 Coll., on the planning and implementation of economic measures for crisis situations, as amended by Decree No 542 / 2002 Coll.
Under Section 29 of Act No. 241 / 2000 Coll., on economic measures for crisis situations and on the amendment of certain related laws, as amended, the management of material reserves provides:
The Decree of the State Material Reserve Administration No. 498 / 2000 Coll., on the planning and implementation of economic measures for crisis situations, as amended by Decree No. 542 / 2002 Coll., is amended as follows:
1. Paragraph 1, including the title and footnotes Nos 2 to 5 and 18, reads as follows:
Procedure for processing the necessary supply plan
[K § 29 (c) of the Act]
(1) The Administrative Offices (18), on the basis of the requirements arising from procedures for dealing with specific types of emergency situations identified in the emergency threat analysis (2), shall draw up a list of the necessary supplies for its administration or for the area of competence entrusted. The processor of the necessary supply plan shall compile an overview of the available suppliers of the necessary supplies in its administrative district and shall include all identified suppliers of the necessary supplies; it is not limited by its needs arising from crisis plans.
(2) The administrative authority shall request from the commercial or trade register (3) information on potential suppliers of the necessary supplies; if the information is not provided in the relevant register, it shall be requested under a special legislature4).
(3) The Administrative Office requires, in accordance with the procedure laid down in the Special Legislation (5), the suppliers of the necessary supplies to process their supply plan.
(4) If the Regional Authority is unable, in part or in full, to ensure the necessary delivery from the supplier in its administrative district, it shall proceed in accordance with the provisions of Section 10 (3) of the Act. The requirement to ensure it, in addition to the data referred to in Article 2 (2) (a), shall specify the required technical parameters, the specific application of the required supply and the consequences of its non-reinsurance. The central administrative authority responsible for the matter shall examine these requirements and examine the possibilities of ensuring them throughout the national territory. In the event that it does not find a supplier or the requirements cannot be adequately secured, it shall proceed in accordance with Section 3. It shall inform the Regional Authority which made the request of its decision.
(5) The administrative authority shall assess whether it will ensure the necessary delivery before the declaration of crisis status is made by concluding the relevant contract with its supplier, for example if it is its customer.
(6) The Administrative Office shall keep the necessary supply plan up to date on the basis of changes in the requirements applied and, as far as possible, to ensure the necessary supply in its administrative district or within a entrusted area.
18) Paragraph 1 (2) (b) of Act No. 241 / 2000 Coll., on economic measures for crisis situations and amending certain related laws, as amended by Act No. 76 / 2012 Coll.
2) Paragraph 15 (3) (e) of Decree of the Government No. 462 / 2000 Coll., for the implementation of § 27 (8) and § 28 (5) of Act No. 240 / 2000 Coll., on Crisis Management and on the amendment of certain laws (Crisis Act), as amended by Decree No. 431 / 2010 Coll.
3) Sections 27 to 34 of the Commercial Code. Section 60 of Act No. 455 / 1991 Coll., on Business Business (Trade Act), as amended by Act No. 237 / 1995 Coll., Act No. 286 / 1995 Coll. and Act No. 356 / 1999 Coll.
4) Sections 9 (2) (f), 10 (1) (k) and 15 (3) of Act No. 240 / 2000 Coll., on Crisis Management and on the amendment of certain laws (Crisis Act), as amended by Act No. 430 / 2010 Coll. and Act No. 320 / 2002 Coll.
5) Articles 10 (1) (k) and 15 (3) of Act No. 240 / 2000 Coll., on Crisis Management and on the amendment of certain laws (Crisis Act), as amended by Act No. 430 / 2010 Coll. and Act No. 320 / 2002 Coll. '.
2. Paragraph 2, including the title and footnote 10, reads as follows:
Content of the supply plan
[K § 29 (c) of the Act]
(1) The necessary supply plan always contains a list of the required supplies, a list of unsecured supplies and an overview of the suppliers of the necessary supplies.
(2) The list of necessary supplies always contains:
(a) an overview of the necessary deliveries, indicating:
1. the name of the necessary delivery;
2. the code name of the necessary deliveries according to the code list of the necessary deliveries;
3. the quantity requested, indicating the unit of measurement,
4. the name of the Office where the necessary delivery has been made by another administrative authority;
(b) an overview of the suppliers of each necessary delivery, indicating:
1. business firms and the residence, registered office, place of business or registered office of the organisational body of the undertaking of the natural persons incorporated in the business register;
2. business firms and registered offices, place of business or registered office of the organisational body of the undertaking with legal entities incorporated in the commercial register;
3. the names, surnames and residence of the natural persons not registered in the commercial register;
4. the name and registered office or registered office of the organisational body of the company of legal persons not incorporated in the commercial register;
5. the identification number for business natural and legal persons;
6. Indication of the highest supplier's ability to supply the necessary goods within a specified time period.
(3) The list of suppliers of the necessary supplies shall contain information on all identified suppliers of the necessary supplies and shall include, in addition to the information referred to in paragraph 2 (b):
(a) the name and, where applicable, the names of the persons who are the statutory authorities or their members with the supplier of the necessary supply;
(b) the name and, where applicable, the names of the staff member or other person authorised to act as a supplier of the necessary supplies in connection with the handling of the necessary supplies, including all possibilities of telecommunications communication with him during the working hours, the continuous rest period between two shifts, the time of duty and the rest of the work10).
(4) The list of unsecured essential supplies shall include information on unsecured essential supplies to the extent referred to in paragraph 2 (a) and how they are to be addressed.
(5) Where the processor of the necessary supply plan is the Central Administrative Office, it shall include in the list of the required supplies in addition to its own requirements all the necessary supplies for a given heading of competence exercised by other administrations and an overview of the suppliers to ensure them in accordance with paragraph 2 (b).
(6) If the processor of the necessary supply plan is the Regional Office, it shall indicate in the list of required supplies in addition to its own requirements the necessary supplies to municipalities with extended scope of its administrative district, which shall be assessed in advance in the light of their effectiveness. It shall inform the competent municipal authority with extended scope of inclusion of the required supplies in the necessary supply plan of the county and the way in which they are secured.
(7) The Central Administrative Office shall also include in its supply plan a list of the items of contingency stocks established on the basis of its proposal indicating their type, quantity and location.
(8) The administrative authority may include other information in the plan for the necessary deliveries which will enable it to secure the necessary supply after the emergency situation has been declared.
10) For example, Sections 90 to 92 of the Labour Code. '.
footnotes 6 to 9 and 11 are deleted.
3. In Paragraph 3 (1), the word "professionally 'is replaced by" in substance', the word "implemented 'is replaced by" following', the word "and 'is replaced by the word" apply', the word "if 'is replaced by the word" range', the word "apply 'is deleted and the words" or the cost of preserving production capabilities' are added at the end of the text of the paragraph.
4. In Paragraph 3 (2), the word "proposal 'is replaced by the word" requirement'.
5. in Articles 3 (2) (b) (1) and 8 (1) (d) (3), "Standard classification of production" is replaced by "Classification of production (CZ- CPA)";
6. in Article 3 (2) (c):
"(c) in cases where the maintenance of the required quality of emergency stocks for the period of storage requires their replacement, also the method and interval of such replacement, with a calculation of the costs required for one replacement;"
7. In Article 3, the following paragraph 3 is inserted after paragraph 2:
"(3) The competent central administrative authority, at the same time as the requirement to create emergency stocks, shall submit a proposal for the protection of emergency stocks for further consideration, indicating:
(a) the place of protection;
(b) a person who is willing and able to provide protection;
(c) the estimated amount of costs which will require protection for one calendar year. "
Paragraph 3 shall become paragraph 4.
8. In Articles 3 (4) and 12 (1), the word "professional 'is replaced by" material'.
9. In Article 3, the following paragraphs 5 to 7 are added:
"(5) The requirement to cover the cost of preserving production capacities includes:
(a) the subject matter of the necessary supply and justification for the need to preserve production capabilities;
(b) a commercial firm;
(c) the registered office of the legal person or place of business of the natural person;
(d) identification number,
(e) the name and, where appropriate, the names of the persons who are statutory authorities or their members;
(f) the name and, where applicable, the names of the staff member or other person authorised to act as supplier of the necessary supplies in connection with the handling of the necessary supply and the details of all the possibilities of the telecommunications connection with him during the working time, the continuous rest between two shifts, the working days and the working hours;
(g) an overview of production equipment and documentation meeting the requirement of Article 2 (1) (i) of the Act;
(h) calculation of the average annual costs associated with the preservation of production capacities.
(6) The competent central administrative authority in question may include in the requirements additional information which it considers relevant.
(7) The requirement to create contingency stocks or to cover the costs of preserving production capacities will be applied by the central administrative office responsible for the State Material Reserve Administration. "
10. in Article 8 (1) (d) (3), the word "s" shall be inserted after the word "reserve."
11. in Article 11, the following paragraph 5 is added:
"(5) The management of the State tangible reserves shall inform the client of the mobilisation supply of the implementation of the requirement to prepare for the supplier of the mobilisation supply submitted in accordance with the procedure referred to in paragraph 3. ';
12. In Paragraph 12, the dot is replaced by a comma at the end of paragraph 2 and the following point (c) is added:
"(c) to the information system for the promotion of economic measures for crisis situations, to the extent specified in Sections 5 and 8."
13. in Article 13 (1) (d), the words "the fact according to a special legislature17)" shall be replaced by the words "the information under a special legislature17";
Footnote 17 reads:
"17) Act No. 412 / 2005 Coll., on the Protection of classified information and on security competence, as amended."
14. in Paragraph 13 (1), the comma shall be replaced by a dot at the end of point (e) and point (f) shall be deleted;
15. In Paragraph 14 (1), the words "agree with the appointment in writing" shall be replaced by the words "submit a written request to that effect to the client or give his written consent to the appointment. The supplier's application or consent to be appointed as an economic mobilization body shall be accompanied by the client as part of the proposal '.
16. in Paragraph 14 (4):
"(4) The application to appoint an economic mobilization entity shall be accompanied by an extract from the commercial register or an authorisation to conduct business of the proposed entity which shall not be more than 3 months old. ';
17. in Paragraph 14 (5) (a), "permanent residence" is replaced by "residence."
18. in Paragraph 14 (5) (b), the words "and shall include a written statement by the economic mobilization body whether it agrees to the appeal 'shall be deleted;
Efficacy
This Decree shall take effect on 1 January 2013.
Chairman:
Ing. Paleník, MBA, Rev.
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Regulation Information
| Citation | Decree No. 394 / 2012 Coll., amending Decree No. 498 / 2000 Coll., on the planning and implementation of economic measures for crisis situations, as amended by Decree No. 542 / 2002 Coll. |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 23.11.2012 |
|---|---|
| Effective from | 01.01.2013 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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