Act No. 426 / 2023 Coll.
Act amending Act No. 72 / 2000 Coll., on investment incentives and amending certain laws (Act on investment incentives), as amended
Valid
Law
Effective from 13.01.2024
426
THE LAW
of 29 November 2023
amending Act No. 72 / 2000 Coll., on investment incentives and amending certain laws (Investment incentives Act), as amended
Parliament has decided on this law of the Czech Republic:
Act No. 72 / 2000 Coll., on investment incentives and amending certain laws (Act on investment incentives), as amended by Act No. 453 / 2001 Coll., Act No. 320 / 2002 Coll., Act No. 19 / 2004 Coll., Act No. 436 / 2004 Coll., Act No. 62 / 2005 Coll., Act No. 443 / 2005 Coll., Act No. 159 / 2007 Coll., Act No. 73 / 2011 Coll., Act No. 457 / 2011 Coll., Act No. 192 / 2012 Coll., Act No. 407 / 2012 Coll., Act No. 84 / 2015 Coll., Act No. 210 / 2019 Coll., Act No. 450 / 2020 Coll., is amended as follows:
1. In Paragraph 1c (1), the words "under the directly applicable European Union1 Regulation 'are deleted.
2. The following Section 1d is inserted after Section 1c:
An investment incentive which cannot be provided on the basis of a directly applicable European Union provision for regional investment aid and employment and training aid (1) may be granted in accordance with Article 107 (3) of the Treaty on the Functioning of the European Union, provided that an individual exemption from the prohibition of public aid has been granted for an investment operation by the European Commission ("the Commission ').'
3. In Paragraph 2 (1), the last sentence is replaced by "The conditions laid down directly by the European UnionRegulation (1) shall not apply where an individual exemption from the Commission's prohibition of public aid has been granted for an investment operation. '
4. In Article 3, at the end of paragraph 4, the dot is replaced by a comma and the following point (f) is added:
"(f) other information and supporting documents necessary for the assessment of an individual exemption from the prohibition of public aid by the Commission in the case of an investment action requiring the granting of an individual exemption from the prohibition of public aid by the Commission."
5. In the second sentence of Article 4 (1), the words "whether an investment may be an investment operation with eligible costs above EUR 100 000 000," are deleted; in the third and fourth sentences, the words "with eligible costs above EUR 100 000 'are replaced by the words" requiring an individual exemption from the Commission's prohibition of public aid'; in the last sentence, the words "or the investment action referred to in the project does not comply with the directly applicable European Union Regulation (1), with the exception of an investment operation with eligible costs above EUR 100 000 000 'are deleted.
6. In Article 4 (2), the first sentence is deleted, the words "or investment incentives under Article 1d 'are inserted after the words" or investment incentives under Article 1d', and the words "to provide investment incentives (hereinafter referred to as" tender decisions') 'are inserted after the words "to provide investment incentives'.
7. In Paragraph 4 (3), the words "with eligible costs above EUR 100 000 000 'are replaced by the words" requiring an individual exemption from the Commission's prohibition of public aid'.
8. In Paragraph 4 (4), at the end of the first sentence, the words "on the basis of an assessment of its contribution to the State 'shall be added.
9. In Article 4 (5), the second sentence is deleted, after the words "point 5 ', the words" or investment incentives referred to in Article 1d' and the word "copy 'are replaced by the words" copy of the decision'.
10. In Article 5, paragraph 9 is deleted.
11. In Section 5a, the second sentence is deleted and after the words "point 5 'the words" or investment incentives under Section 1d' are inserted.
12. In Article 6, at the end of paragraph 1, the words "or the Commission decision granting an individual exemption from the prohibition of public aid in the case of an investment incentive under Article 1d 'shall be added.
13. In Article 6, at the end of paragraph 3, the sentence "These permissible rates of public aid shall not apply in the case of an investment incentive under Section 1d. 'is added.
14. In Article 6a (10), at the end of the text in point (g), the words "or the conditions for granting aid laid down in the Commission decision granting an individual exemption from the prohibition of public aid for an investment operation, in the case of an investment incentive under Article 1d 'shall be added.
15. The following Section 7a is inserted after Section 7:
The Ministry shall submit to the Government once a year by 30 April at the latest a report assessing the existing conditions for the provision of investment incentives, assessing the benefits of the investment actions already supported and informing the Government of any intention to change the conditions for the provision of investment incentives. ';
16. In Paragraph 8, the current text becomes paragraph 1 and the following paragraph 2 is added:
"(2) The decision of the Ministry pursuant to Articles 4 (5), 5 (4) and 5 (5a) shall not be subject to decomposition and the resumption of proceedings and review proceedings shall not be allowed, except in accordance with the procedure laid down in Article 153 (1) (a) of the Administrative Regulation. ';
17. in Paragraph 11a, at the end of paragraph 5, the sentence "This maximum amount of material aid for the acquisition of fixed tangible and intangible assets shall not apply in the case of an investment incentive under Paragraph 1d."
Transitional provision
Proceedings under Act No. 72 / 2000 Coll., as effective before the date of the entry into force of this Act, which are not final before the date of entry into force of this Act shall be completed and the rights and obligations relating thereto shall be assessed under Act No. 72 / 2000 Coll., as effective before the date of entry into force of this Act, except for provisions § 4 paragraphs 2 and 4 and Article 5a of Act No. 72 / 2000 Coll., as effective from the date of entry into force of this Act, provided that the opinions of the institutions concerned have not been issued before the date of entry into force of the Act pursuant to Article 4 (4) of Law No. 72 / 2000 Coll., as effective before the date of entry into force of that Act.
Efficacy
This Act shall take effect on the 15th day following its publication.
Pekarová Adamová v. r.
Pavel v. r.
Fiala v. r.
Sign in for notes, favorites and notifications
Regulation Information
| Citation | Act No. 426 / 2023 Coll., amending Act No. 72 / 2000 Coll., on investment incentives and on the amendment of certain laws (Act on investment incentives), as amended |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 29.12.2023 |
|---|---|
| Effective from | 13.01.2024 |
| Effective until | - |
| Status | Valid |
Legal Areas:
European law
Finance
Parliamentary Paper:
Paper No. 409
The regulation text is for informational purposes only.
Comments 0