Government Decree No. 399 / 2002 Coll.
Government Decree implementing Act No. 12 / 2002 Coll., on State aid for the restoration 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
Regulation
Effective from 28.08.2002
Text versions:
28.08.2002
399
GOVERNMENT REGULATION
of 21 August 2002
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)
The Government orders the implementation of Act No. 12 / 2002 Coll., on State aid for the restoration 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) (hereinafter referred to as the Act):
(1) Unless otherwise provided for, State financial assistance may be granted to a legal or natural person who has been entered on the list of affected persons for the renewal of the territory of a natural or other disaster (hereinafter referred to as "State aid ') and has fulfilled the conditions laid down by law, by this Regulation and by designated ministries to decide on the granting of State aid. 1)
(2) The nominal list of persons shall be drawn up by a county in whose territorial district the basic functions have been disrupted as a result of a natural or other disaster, together with an overview of the forecast estimate of the cost of the recovery of the property (2) (hereinafter referred to as "the summary"), which it is submitted to the Ministry of Finance.
(3) The name of the persons affected shall include:
(a) the company or name, the identification number, if any, and the registered office of the legal person, and, where appropriate, the entry in the register in accordance with the specific legislation, if it is registered therein;
(b) the name, surname, place of residence and birth number, if any, of natural persons, if no birth number is assigned,
(c) the business firm, the place of permanent residence, the place of business and the identification number, if any, of the natural person's entrepreneurs, if no identification number is assigned, the date of birth;
(d) the municipality code or name of the county, (3) if the applicants for State aid are:
(e) the nature of the assets to be recovered, broken down by inventory,
(f) Ministry responsible for the collection and verification of State aid decisions in designated areas (§ 2),
(g) the amount of State aid requested.
(1) The collection of documents for State aid decisions is ensured in the area of:
(a) transport services, public telecommunications and postal services of the Ministry of Transport and Communications,
(b) health services (including spa and springs services) and medical supplies,
(c) social services of the Ministry of Labour and Social Affairs,
d) School services Ministry of Education, Youth and Sports,
e) Housing Ministry for Local Development,
(f) the supply of water, food and feed for animal production and water flow control by the Ministry of Agriculture;
(g) supply of electricity and heat, gas and energy raw materials by the Ministry of Industry and Trade;
(h) collection and treatment of waste water and disposal of municipal waste by the Ministry of the Environment;
(i) restoration of property owned by municipalities and regions of the Ministry of Finance and the Ministry of Local Development.
(1) State aid may be granted at the request of a legal or natural person in writing to demonstrate that he is unable, by his own means, to restore his property to the basic functions of the territory.
(2) The written application for State aid will be accompanied by:
(a) legal person
1. the income tax return for the tax period in accordance with specific legislation immediately preceding the calendar year in which the natural or other disaster occurred;
2. extracts from the real estate register confirming the ownership of all the real estate owned by it;
(b) natural person
1. the return on income for the tax period, in accordance with the specific legislation immediately preceding the calendar year in which the natural or other disaster occurred, a certificate of the amount of income from dependent activities, if it does not submit a return on income tax, or a certificate of the amount of income arising from pension or sickness insurance (care) for the same period,
2. extracts from the real estate register confirming the ownership of all the properties it owns.
(3) The entrepreneur shall accompany the application for State aid in addition to the documents referred to in paragraph 2.
(a) the accounts or an overview of the assets and liabilities and an overview of the revenue and expenditure which was drawn up on the last day of the month immediately preceding the natural or other disaster;
(b) proof of financial capacity if, in a particular case, it is a condition for granting State aid;
(c) a solemn declaration that:
1. no bankruptcy has been declared against him, no settlement has been granted, no application to declare bankruptcy due to a lack of assets or an entrepreneur is not in liquidation;
2. it has liabilities due in respect of the state budget, national funds or health insurance undertaking;
(d) other documents provided that, in a particular case, they are a condition for granting State aid.
In a written request for State aid submitted by the county or municipality, the facts referred to in Article 3 (2) and (3) are not mentioned.
(1) In cases of special consideration, State aid may also be granted to persons not included in the list of affected persons referred to in Article 1, provided that the applicant could not have been registered at the time of the acquisition of the list of affected persons or had no reason to seek State aid and fulfils the other conditions laid down for granting State aid.
(2) The persons referred to in paragraph 1 shall submit a written request pursuant to Article 3 through the Regional Authority, with the opinion of the Mayor of the competent municipality, to the Ministry responsible for collecting and verifying the documents for deciding on State aid in the designated area pursuant to Article 2.
This Regulation shall enter into force on the day of its publication.
Prime Minister:
PhDr. Špidla v. r.
Minister for Local Development:
Mgr.
Minister of Finance:
Sobotka v. r.
1) Paragraph 4 (2) (c) 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 (Act on Insurance), as amended, (Act on State aid for the renewal of the territory).
2) Annex No 1 to Decree No. 186 / 2002 Coll., laying down the elements of the summary on the preliminary estimate of the costs of the renewal of assets used to ensure basic functions in the territory affected by a natural or other disaster and the model of the mandate of the person responsible for the region by examining the data necessary for the processing of the inventory.
3) Constitutional Act No. 347 / 1997 Coll., on the creation of higher territorial units and amending Act No. 1 / 1993 Coll., Constitution of the Czech Republic, as amended by Constitutional Act No. 176 / 2001 Coll.
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Regulation Information
| Citation | Government Decree No. 399 / 2002 Coll., implementing Act No. 12 / 2002 Coll., on State aid for 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 for the renewal of the territory) |
|---|---|
| Regulation Type | Regulation |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 28.08.2002 |
|---|---|
| Effective from | 28.08.2002 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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