Government Decree No. 63 / 2002 Coll.
Government Regulation on rules for granting subsidies from the State Budget to promote energy efficiency and the use of renewable and secondary resources
Valid
Regulation
Effective from 26.02.2002
Text versions:
01.10.2006
26.02.2002
63
GOVERNMENT REGULATION
of 16 January 2002
on the rules for granting subsidies from the State Budget to promote energy management and the use of renewable and secondary resources
The Government orders pursuant to § 5 (6) of Act No. 406 / 2000 Coll., on Energy Management, hereinafter referred to as "the Act":
Subject matter
This Regulation lays down rules on the granting of subsidies from the State Budget to implement the National Energy Efficient Management Programme and the use of its Renewable and Secondary Resources (hereinafter referred to as "the Programme ') to promote the improvement of the efficiency of energy use, the reduction of energy performance and the use of its renewable and secondary resources in accordance with the approved State Energy Concept and the principles of sustainable development (hereinafter referred to as" subsidies').
Definition of terms
This Regulation shall mean:
(a) a programme of material, time and financial conditions for the acquisition or technical evaluation of tangible and intangible long-term and short-term assets, (2) its maintenance and repair and, where appropriate, other activities necessary to achieve the objectives set;
b) Provider of the Central Authority of State Administration, the Academy of Sciences of the Czech Republic and the Grant Agency of the Czech Republic or who will be designated by special law, 4)
(c) by the tenderer, an investor applying for a State Budget subsidy under the programme;
(d) by the beneficiary, for whose benefit the grant has been decided by the provider,
(e) action activity pursuant to § 5 (4) of the Act;
(f) the selection procedure for the provider in evaluating and selecting subsidy applications.
Announcement of the programme
(1) The programme shall be published on the basis of approved programmes5) by the provider and published in the Trade Journal and in a remotely accessible information system.
(2) The programme shall always contain:
(a) the name of the action;
(b) the conditions for acceptance of the application for the selection procedure and the criteria for evaluation and selection of applications;
(c) the place, time and method of lodging applications;
(d) the period during which the provider ensures the evaluation of the applications shall decide and publish the results of the selection procedure;
(e) the name, registered office, telephone, e-mail address and fax of the provider,
(f) the types of costs the subsidy may be used for,
(g) the maximum amount of subsidies granted.
Conditions for granting the subsidy
(1) A subsidy may be granted to a tenderer if:
(a) no bankruptcy has been declared against him, no settlement has been granted, no application for bankruptcy for lack of property has been rejected (6) or the tenderer is not in liquidation;
(b) it has liabilities due in respect of the State budget, the State Fund or the health insurance undertaking;
(c) has not been convicted of a criminal offence the nature of which relates to its subject-matter, an economic or criminal offence against property;
(d) has not been disciplined in the last three years under specific legislation governing the pursuit of professional activities, where such activity relates to the content of the action;
(e) it has failed to show, in two tax periods immediately preceding the tax period in which it applies for the subsidy, a tax loss under a special legislation. 7)
(2) Compliance with the conditions referred to in points (a) to (c) and (e) of paragraph 1 shall be demonstrated by the tenderer, when the application is made, by the relevant documents and by the honour of the conditions referred to in paragraph 1 (d).
(3) The subsidy may not be granted if the programme on the basis of which the subsidy is granted and, where appropriate, individual subsidies have not been notified and approved in advance by the European Commission, unless they comply with the conditions of the directly applicable regulation of the European Communities providing for exemptions from the public aid scheme (7a).
Applications for grants
(1) The application for a subsidy shall be submitted within the time limit and in the form approved in the relevant programme documentation, including all annexes required by the provider. The applicant may withdraw the application but may not amend or supplement it during the selection procedure.
(2) When collecting, processing and publishing data on applications, the provider shall comply with specific legislation. 8)
(3) Before assessing the applications, the provider shall draw up a protocol which shall include a list of the applications received, details of the proposals for actions and their completeness. For applications not complying with the declared conditions, it shall state the reason for their exclusion.
(4) The applicant is not entitled to reimbursement of the costs associated with his participation in the selection procedure.
Evaluation of applications
(1) For the evaluation of applications, the provider shall establish an expert advisory body.
(2) The expert advisory body must have at least five members. Its members shall be appointed by the provider in particular by persons with appropriate qualifications and professional experience according to the programme's focus, with an absolute majority of members not being employees of the provider.
(3) The opinions requested by the provider are the basis for the evaluation by the expert advisory body.
(4) The deliberations of the expert advisory body shall be governed by the rules of procedure of the provider. It shall at all times specify the method of appointment and replacement of members and alternates of the expert advisory body, the duration of the term of office, the manner in which the expert advisory body is to act, the procedure for assessing the bias of the members of the expert advisory body or opponents, the way in which the protocol on project evaluation is to be prepared, the manner in which the expert advisory body is to act and the retention of the results of the deliberations.
(5) The expert advisory body shall follow the criteria agreed in the programme documentation when evaluating and selecting applications.
(6) At the end of the evaluation, the expert advisory body shall draw up for the provider a report on the outcome of the selection procedure, which shall include the identification of the application, the tenderer, the total recognised cost of the action and the amount of the grant awarded.
(7) The provider shall inform the tenderer in writing of the outcome of the evaluation of the application, including the justification.
Decision granting the subsidy
(1) On the basis of the outcome of the selection procedure and the documentation of the action, submitted by the tenderer in accordance with the requirements of the provider, the provider shall issue a decision on the grant under a special legislation, (5) covering the entire duration of the management of the action and the period until the evaluation of the results of the action, including the obligation to settle the grant provided.
(2) The beneficiary shall inform the provider in writing of any changes that have taken place since the decision to grant the subsidy, affecting its legal personality, of the data that could affect the project's solution within 7 calendar days of the date on which it became aware of this fact.
Conditions for using subsidies
(1) Subsidies can only be used to support actions defined by law.
(2) The beneficiary shall keep for each action a separate register in accordance with the specific legislation2) of all the costs recognised and, in the context of this record, of expenditure and costs borne by the subsidy.
(3) Only that part of the cost of acquiring tangible and intangible assets under a special legislation is covered by the subsidy granted for the solution of the approved action, 2) which corresponds to the extent of its intended use for the solution of the action.
Control of the use of subsidies and evaluation of actions
(1) Specific legislation is in force for the control and compliance with the conditions for drawing a subsidy under this Regulation and for the application of penalties in the case of unauthorised use or detention. 9)
(2) For all actions, the provider shall check the progress of the management and achievement of the objectives of the action, including the control of the drawing and use of the subsidy, the effectiveness of the overall recognised cost of the solution by evaluating the management reports, at least within one year, but always after the end of the solution.
(3) The beneficiary shall, at least once a year, but always after the completion of the solution, draw up a report on the solution of the action and transmit it to the provider in accordance with the decision granting the subsidy.
(4) The final evaluation of the action is carried out in accordance with specific legislation. 10)
Storage of documents
(1) The provider shall keep evidence of the programme, including all applications received pursuant to Article 4, for a period of at least 5 years from the conclusion of the selection of the actions to be awarded.
(2) The provider shall keep evidence of each action for at least 10 years after the final evaluation of the action. 10)
Transitional provision
Legal relations between providers and beneficiaries before the date of entry into force of this Regulation and the rights and obligations arising therefrom shall be governed by existing legislation.
Efficacy
This Regulation shall enter into force on the day of its publication.
Prime Minister:
Ing. Zeman v. r.
Deputy Prime Minister and Minister of Industry and Trade:
Doc.
Minister of Environment:
RNDr. Kužvart v. r.
1) Article 6 of Act No. 17 / 1992 Coll., on the Environment, as amended.
2) Act No. 563 / 1991 Coll., on Accounting, as amended.
3) Sections 12 and 13 of Act No. 218 / 2000 Coll., on budgetary rules and amending certain related laws (budgetary rules).
4) § 14 of Act No. 218 / 2000 Coll.
5) Act No. 218 / 2000 Coll., as amended. Decree No. 40 / 2001 Coll., on the participation of the State Budget in the financing of property reproduction programmes.
6) Act No. 328 / 1991 Coll., on bankruptcy and settlement, as amended.
7) Act No. 586 / 1992 Coll., on Income Tax, as amended.
7a) Commission Regulation (EC) No 68 / 2001 of 12 January 2001 on the application of Articles 87 and 88 of the EC Treaty to training aid, Official Journal of the European Union of 13.1.2001, L 10 / 20 as amended by Commission Regulation (EC) No 363 / 2004 of 25 February 2004 on the application of the Commission to de minimis aid, Official Journal of the European Union of 13.1.2001, L 10 / 30 as amended by Commission Regulation (EC) No 364 / 2001 of 25 February 2004 on the application of Articles 87 and 88 of the EC Treaty to State aid to small and medium-sized enterprises of the European Union of 13.1.2001, L 10 / 33 as amended by Commission Regulation (EC) No 364 / 2004 of 25 February 2004 amending Commission Regulation (EC) No 70 / 2001, Official Journal of the European Union of 13.1.2001, L 10 / 33 as amended by Commission Regulation (EC).
8) For example, Act No. 101 / 2000 Coll., on the Protection of Personal Data, as amended, Act No. 106 / 1999 Coll., on Free Access to Information, as amended, Act No. 148 / 1998 Coll., on the Protection of Classified Information, as amended, Act No. 123 / 1998 Coll., on the Right to Information on the Environment, as amended.
9) Article 44 of Act No. 218 / 2000 Coll., as amended. Act No. 320 / 2001 Coll., on financial control in public administration and amending certain laws (Act on financial control).
10) § 8 of Decree No. 40 / 2001 Coll.
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Regulation Information
| Citation | Government Decree No. 63 / 2002 Coll., on the rules for granting subsidies from the State Budget to promote energy management and the use of renewable and secondary resources |
|---|---|
| Regulation Type | Regulation |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 26.02.2002 |
|---|---|
| Effective from | 26.02.2002 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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