Decree of the Ministry of Transport and Communications No. 429 / 2001 Coll.
Ordinance of the Ministry of Transport and Communications on the details of the demonstration of financial capacity to operate a national or regional rail, the method of demonstrating financial capacity to operate a national or regional runway and on ancillary transport services
Valid
Order
Effective from 13.12.2001
Text versions:
13.12.2001
429
DECLARATION
Ministry of Transport and Communications
of 29 November 2001
on the details of the demonstration of financial capacity for the operation of the national or regional rail, of the method of demonstration of financial capacity for the operation of railway services on the national or regional rail and of additional transport services
The Ministry of Transport and Communications provides pursuant to § 14a (3), § 27a (4) and § 39 (8) of Act No. 266 / 1994 Coll., on Railways, as amended by Act No. 23 / 2000 Coll.:
Subject matter
(1) This Decree provides for a more detailed breakdown of the necessary data to demonstrate the financial capacity to start and operate a national or regional runway and details of the way in which the financial capacity to start and operate railway services on a national or regional runway is to be demonstrated.
(2) The Decree also defines the additional transport services of the carrier belonging to the traffic obligation.
More detailed breakdown of data to demonstrate the financial capacity to operate the national or regional rail
(1) For the purpose of demonstrating the financial capacity to operate a national or railway track, the railway operator shall submit regional data in the following breakdown:
(a) the business budget and, where appropriate, the business plan drawn up for the annual financial year;
(b) the amount of funds available on the last day of the calendar month preceding the date of application, including the status of bank accounts and loans, and the reimbursement of part of the cost of the road relating to public passenger transport from the State Fund for Transport Infrastructure;
(c) an overview of the status of the working capital, which are the total and broken down by long-term claims, stocks, financial assets and other assets on the last day of the calendar month preceding the date of application.
(2) The commercial budget includes:
(a) revenue from charges for the use of the railway road broken down by:
1. Revenue from freight transport,
2. revenue for passenger transport;
(b) costs of ensuring the operation of the road, broken down by:
1. maintenance and repair of the road,
2. rail operator and railway transport organisation on the road,
3. other costs,
4. share of the costs relating to public passenger transport,
5. an overview of the amounts of commitments and claims by individual debtors and creditors at the end of the previous financial year, describing the current situation on the last day of the calendar month preceding the date of application;
(c) other commercial and operational revenue including revenue from the State Fund for Transport Infrastructure and subsidies from the State budget and other sources.
Details of how to demonstrate the financial capacity to start and operate railway services on a national or regional rail
(1) Commercial property (1)
(a) real estate which is registered in the property register and which the carrier owns or to which the carrier has other rights, provided that it is intended to operate railway transport according to the business plan (2), and is not subject to lien;
(b) traction vehicles needed to comply with the business plan.2)
(2) Furthermore, commercial assets are evidenced by:
(a) shares by share company or other securities, indicating ISIN, the number, their form and their nominal value;
(b) participating interests in non-equity companies;
(c) an overview of other values where they are financially measurable; other values are primarily property rights of an intangible nature, such as trade marks, patents, utility models and industrial designs.
(3) Operating capital shall be demonstrated by the amount of circulation assets in total and broken down into long-term claims, short-term claims, stocks, financial assets, other assets and an overview of the equity to finance the carrier's assets. The amount of funds available shall include the payment of the demonstrable loss incurred by the carrier by fulfilling the public service obligation. 3)
(4) The proof of financing of railway vehicles is the purchase contract or other proof of acquisition, the financial leasing contract, or the lease contract.
Additional transport services
The additional transport services of the carrier belonging to the public service obligation are:
(a) the operation of parking lots or parking spaces for cars or bicycles at railway stations;
(b) carriage of baby carriages with child.
Transitional provision
Where the railway operator or carrier has demonstrated financial capacity to operate a national or regional railway track or has demonstrated financial capacity to operate a national or regional runway during the period from 1 April 2000 to the date of entry into force of this Decree, it shall be deemed to be financially eligible after the date of entry into force of this Decree.
Efficacy
This decree shall take effect on the day of its publication.
Minister:
Ing. Schling v. r.
1) Article 6 of Act No. 513 / 1991 Coll., Commercial Code, as amended by Act No. 370 / 2000 Coll.
2) § 27a (2) (d) of Act No. 266 / 1994 Coll., on Railways, as amended by Act No. 23 / 2000 Coll.
3) Sections 39 and 39a of Act No. 266 / 1994 Coll., as amended by Act No. 23 / 2000 Coll.
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Regulation Information
| Citation | Decree of the Ministry of Transport and Communications No. 429 / 2001 Coll., on details of proof of financial capacity to operate a national or regional rail, on how to prove financial capacity to operate a railway service on a national or regional rail and on additional transport services |
|---|---|
| Regulation Type | Order |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 13.12.2001 |
|---|---|
| Effective from | 13.12.2001 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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