Decree No. 498 / 2000 Coll.
Decree of the State Material Reserve Administration on the planning and implementation of economic measures for crisis situations
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Order
Effective from 01.01.2001
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498
DECLARATION
Management of material State reserves
of 14 December 2000
on the planning and implementation of economic measures for crisis situations
The management of the State tangible reserves in accordance with the authorisation under § 29 (a) to (e) of Act No. 241 / 2000 Coll., on economic measures for crisis situations and on the amendment of certain related laws, hereinafter referred to as "the Act ', provides:
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.
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.
Procedure for creating emergency stocks
[K § 29 (c) of the Act]
(1) The relevant central administration (12), following an analysis of the expected impact of the crisis situation on the whole territory of the Czech Republic, will, to the extent necessary, apply the requirement to create emergency stocks or to cover costs of preserving production capabilities.
(2) The requirement to create emergency stocks includes:
(a) the reason for the creation of emergency stocks;
(b) identification of contingency stocks
1. the trade name and number according to the code list Classification of production (CZ-CPA),
2. unit of measurement,
3. the quantity in that unit of measurement,
4. the estimated price per unit of measurement,
(c) where the maintenance of the required quality of emergency stocks for the duration of storage requires their replacement, the method and interval of such replacement, with a cost calculation requiring one replacement;
(d) the order of importance to which the Central Administrative Office shall indicate the order of the proposal for the creation of contingency stocks within all its other proposals for the establishment of the State tangible reserves it has submitted.
(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.
(4) If changes in the crisis plans indicate that the necessary supply no longer needs to be provided through emergency stocks, the central administrative office responsible for the State Material Reserve Board shall, in substance, submit a proposal to release the current item of the contingency stocks.
(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 cost of preserving production capacities will be applied by the central administrative office responsible for the State Material Reserve Administration.
Plan for economic mobilisation measures
[K § 29 (d) of the Act]
(1) The economic mobilization plan (13) shall be processed by a legal person or an undertaking, hereinafter referred to as "processor," in accordance with Article 15 of the Act,
(a) the supplier of the mobilising supply with which the client of the mobilising supply has concluded a contract pursuant to Article 13 (2) of the Act (hereinafter referred to as the "final supplier");
(b) the supplier of the mobilising supply which makes the subject of the supply to the final supplier conditional or complete, hereinafter referred to as "the subcontractor,"
(c) an economic mobilization entity appointed under Paragraph 16 (1) of the Second Law.
(2) For the purposes of this Decree, the administrative authority and the legal or commercial natural person to whom the processor supplies the mobilising supply under a contract pursuant to Article 13 (2) of the Act shall be considered to be customers.
(3) For the purposes of this decree, the products, works and services of the supplier which are the subject of a contract for the mobilisation of the supply pursuant to Article 13 (2) of the Act are:
(a) normal activities in normal operation;
(b) specific activities in a state of threat to the state and to the state of war where the supplier extends or modifies his normal activity solely for the purpose of fulfilling the subject matter of the mobilization supply.
Content of the economic mobilisation plan
[K § 29 (d) of the Act]
(1) The processor in the plan for economic mobilisation measures provides details of its customer (hereinafter referred to as "customer data"), which contain:
(a) a commercial firm;
(b) the registered office of the legal person or place of business of the natural person, 7)
(c) identification number,
(d) designation of the statutory authority or the name and surname of the representative, 8)
(e) the name and surname of the person responsible for operating the activity (9) associated with the handling of the mobilization supply and the details of all possibilities of telecommunications connection to it during working hours, during continuous rest between two shifts, (10) on days of leave and rest.
(2) Where the customer of the processor is the agent of the mobilising supply, the processor shall indicate in the plan of economic mobilization measures its name, registered office, identification number, organisational department acting on behalf of the client on the outside, the name and surname of the employee of the client responsible for handling the mobilising supply and the possibility of communication with it.
(3) The processor in the plan for economic mobilisation measures gives details of his undertaking, namely:
(a) basic data on the supplier of the mobilising supply (hereinafter referred to as "basic data on the supplier") which have the same structure and content as the data on the customer referred to in paragraph 1;
(b) other information on the supplier of the mobilising supply (hereinafter referred to as "other data on the supplier"),
1. an indication of whether he is appointed as an economic mobilization entity; in a positive case, it shall attach the particulars of the certificate issued pursuant to the provisions of Section 16 (3) of the Act,
2. where the mobilization supply is provided by an organisational component registered in the Commercial Register, the details thereof, according to the structure of the basic information on the supplier and the information referred to in paragraph 3 (a).
(4) The processor in the plan for economic mobilization measures gives details of the subject matter of the mobilization supply, which includes:
(a) basic information on the subject matter of the mobilising supply (hereinafter referred to as "delivery details"),
1. the code name for the mobilization supply of the final supplier (hereinafter referred to as the code for the mobilization supply), which shall consist of:
1.1. The first three characters numbering the client's mobilization supply; the designation is identical to that of the budget chapter of a particular client in the relevant State Budget Act;
1.2. Four additional characters representing the contract number of the client's mobilisation supply with the final supplier; the code name shall be determined or the manner in which it is drawn up shall be determined by the competent client of the mobilization supply according to his custom;
1.3 a further 13 characters representing the numerical indication of the subject matter of the mobilisation supply of the final supplier; the code name shall be determined or the manner in which it is drawn up shall be determined by the competent client of the mobilization supply according to his custom;
2. a numerical description of the delivery to the processor whose customer is not the client of the mobilising supply; the numerical description within a maximum of 13 characters shall be determined by each processor according to his or her practice;
3. the name of the subject matter of the mobilising supply of the processor,
4. unit of measurement of delivery,
5. the requested total volume of delivery,
6. whether the processor covers the subject of the mobilization supply
6.1. Normal activity [Paragraph 4 (3) (a)],
6.2. Special activities [Paragraph 4 (3) (b)],
(b) basic information on the contractual collateral of the mobilisation supply by contract pursuant to Article 13 (2) of the Act (hereinafter referred to as "contract details"),
1. numerical description of the contract between the processor at any stage of supply and its direct customer in composition
1.1. The first three characters shall constitute the serial number of the client of the mobilising supply referred to in paragraph 4 (a) (1) (1.1);
1.2. The other four characters shall constitute the numerical description of the contract of the client of the mobilisation supply with the final supplier referred to in paragraph 4 (a) (1) (1.2).
1.3. Another feature is the number of co-operative stages expressing the number of suppliers in the supply chain between the processor and the client of the mobilization supply; the cooperation degree of the final supplier is 0,
1.4. The other four characters are the contract number, determined according to the supplier's custom,
2. Confirmed total volume of supply in unit of measurement,
3. the time course of delivery after its opening in four consecutive quarters;
(c) the details of all subcontractors to which the processor acts as a customer (hereinafter referred to as "subcontractor data") referred to in paragraph 1 (a) to (c) or the declaration that the processor fulfils the subject matter of the mobilising supply without subcontractor supplies.
(5) The plan for economic mobilisation measures consists of:
(a) basic particulars of the processor;
(b) a summary of the supplies to be secured by the client of the requested mobilization supply containing:
1. the code name of the mobilization supply;
2. details of the customer and his requirements for the mobilization supply and the required time supply;
3. Confirmed quantity in the required time supply,
4. the numerical description of the contract referred to in paragraph 4 (b) (1);
(c) an overview of the provision of support for mobilising supplies containing:
1. details of the delivery provided by the processor;
2. List of the mobilising supplies of subcontractors necessary to ensure the mobilising supply of the processor as referred to in paragraph 5 (a). (c) point (1) broken down by the name of the mobilising supply of the subcontractor and its code name according to the processor's practice, unit of measurement, quantity required;
3. a list of subcontractors, indicating the contracted quantity of their mobilization supply, the code name of the contract,
(d) an overview of customers and subcontractors;
(e) measures to move towards the provision of mobilising supplies, which shall, in the form of a description, indicate the organisational, technological, personnel, material and financial measures to ensure the mobilisation supply, planned or taken on the basis of an evaluation and calculation of the needs of material, human and financial resources, in particular areas linked to the creation of State tangible reserves and the provision of material resources, normal activities and changes in the activity of the processor in the event of a switch to a specific activity.
(6) The processor may include other data in the plan to enable it to clarify its own readiness to carry out the mobilization supply and, if necessary, to launch the implementation of the mobilization supply operationally.
Procedure for processing the economic mobilization measures plan
[K § 29 (d) of the Act]
(1) The client of the mobilization supply will send a draft contract for the conclusion of a future contract to a natural or legal person eligible as the final supplier. Such an undertaking shall send its draft contract to the natural or legal person eligible as a subcontractor, where it needs such a subcontract. The contract proposal shall be accompanied by a code name for the mobilization supply [Paragraph 5 (4) (a) (1)].
(2) The person to whom the draft contract for the conclusion of a future contract is addressed may make the conclusion of the contract subject to a requirement under Paragraph 13 (3) of the Act (hereinafter referred to as the "preparation requirement"). The request for preparation shall be submitted to the client in accordance with the procedure laid down in Article 7 by means of a mobilization supply; the latter shall proceed in accordance with Article 11.
(3) Contracts for the conclusion of future contracts concluded throughout the supply chain are a prerequisite for discussing the preparation requirements.
(4) Upon approval of the requirement for preparation by the State Physical Reserve Administration, the client of the mobilization supply and persons throughout the supply chain shall comply with the obligation under paragraph 1 by concluding a mobilisation supply contract under Paragraph 13 (2) of the Act.
(5) By concluding a mobilization supply contract pursuant to Article 13 (2) of the Act, a legal or enterprising natural person shall become a supplier of the mobilising supply and shall process the economic mobilisation plan within 60 days of the signature of the contract. In cases where it is not possible to secure the preparation requirements in full immediately, the contract may agree on a variant of mobilization supply, depending on the degree of compliance.
Procedure for applying the preparation requirement
[K § 29 (d) of the Act]
(1) A legal person or an undertaking natural person shall be entitled to make the supply of mobilising provided for in a specific activity subject to a preparation requirement consisting of one of the following measures:
(a) security by an item of material State reserves;
(b) building infrastructure;
(c) maintaining production capabilities;
(d) allocation of funds;
or in combination.
(2) The request for preparation shall be drawn up by the legal or business natural person concerned during the period of negotiation on the draft contract for a future contract and transmitted in accordance with the procedure referred to in paragraph 3, broken down in accordance with Article 8. If several mobilising supplies are provided, it shall specify the preparation requirement for each of them separately.
(3) Any legal or business natural person throughout the supply chain shall collect any requirements for the preparation of his or her incoming suppliers, add to them his or her request for preparation and forward them to the promoter of the contract, up to the level of the client of the mobilisation supply.
Content of the preparation requirement
[K § 29 (d) of the Act]
(1) The relevant legal or business natural person shall indicate in each request to ensure the preparation of the mobilisation supply:
(a) basic and other information concerning the supplier as referred to in Article 5 (3);
(b) details of the customer pursuant to Article 5 (1);
(c) the delivery details referred to in Article 5 (4) (a);
(d) the requirement for State tangible reserves broken down
1. justification for the need for acquisition of material State reserves;
2. word name,
3. the numeric identification of the national material reserve using the production classification code list (CZ-CPA),
4. unit of measurement of the State tangible reserves,
5. the quantity requested in units of measurement of delivery,
6. the price per unit of measure of the State tangible reserves and the total costs of their acquisition;
7. Where the nature of the material State reserves proposed for acquisition so requires, the proposal for an interval for their replacement to guarantee the required quality throughout the period of storage; submit, at the same time, a calculation of the costs associated with one replacement;
(e) the requirement for the construction and maintenance of infrastructure, indicating the expected expenditure on their acquisition in the composition
1. building objects,
2. land,
3. project documentation,
4. technological equipment,
(f) details of requirements for the preservation of production capacities, in particular:
1. an overview of the machines and equipment complying with the requirement of § 2 (1) (j) of the Act,
2. justification for the need to maintain production capabilities;
3. an average annual calculation of the costs of preserving production capacities,
(g) the requirement for tangible or intangible assets necessary for the organisational provision of a mobilising supply which is not subject to the performance referred to in paragraph 2; a requirement which does not include the word name of the property in question and the price of its acquisition shall not be taken into account.
(2) The requirement to finance the necessary expenditure linked to the preparation of the mobilisation supply includes:
(a) expenditure on the organisational provision of the mobilisation supply;
(b) expenditure on the repair, maintenance, treatment and storage of State tangible reserves or machinery and equipment in the context of the preservation of production capabilities.
(3) The relevant legal or business natural person may include in the request additional information which he considers relevant.
(4) After the conclusion of the mobilization supply contract, the mobilising supply supplier shall supplement the request to ensure the preparation of the mobilization supply by empowerment for persons who continue to negotiate on his behalf on the external request. The same copy of the authorisation shall be sent to its customer and to the Statutory Provisions Board.
Content of the economic mobilisation plan
[K § 29 (e) of the Act]
(1) The economic mobilisationplan (14) is processed by the client for mobilising supplies.
(2) The economic mobilisation plan shall specify:
(a) details of the delivery;
(b) basic information on the final supplier;
(c) other details of the final supplier;
(d) details of the contract;
(e) details of all subcontractors by supply grade;
(f) the year of the first inclusion of the supply in the economic mobilisation plan.
(3) The economic mobilisation plan consists of:
(a) an overview of the provision of mobilising supplies;
(b) an overview of the suppliers of mobilising supplies.
(4) The processor of the economic mobilisation plan may include additional data or documents in the plan to enable it to clarify the provision of mobilising supplies and to address, where necessary, the possible disruption of the mobilising supply system.
Procedure for processing the economic mobilisation plan
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Regulation Information
| Citation | Decree No. 498 / 2000 Coll., on the planning and implementation of economic measures for crisis situations |
|---|---|
| Regulation Type | Order |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 29.12.2000 |
|---|---|
| Effective from | 01.01.2001 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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