Act No. 69 / 2025 Coll.
Act amending Act No. 215 / 2004 Coll., on the adaptation of certain public aid relations and on the amendment of the Act on Support for Research and Development, as amended, and other related laws
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Effective from 03.04.2025
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69
THE LAW
of 27 February 2025
amending Act No 215 / 2004 Coll., on the adaptation of certain public aid relations and amending the Act on Research and Development Support, as amended, and other related laws
Parliament has decided on this law of the Czech Republic:
Amendment to the Act on the modification of certain public aid relations
Act No. 215 / 2004 Coll., on the modification of certain relations in the field of public aid and on the amendment of the Act on Support for Research and Development, as amended by Act No. 109 / 2009 Coll., Act No. 236 / 2012 Coll., Act No. 104 / 2017 Coll., Act No. 183 / 2017 Coll., Act No. 261 / 2021 Coll. and Act No. 417 / 2021 Coll., is amended as follows:
1. At the end of the title of Part One, the words "AND FOREIGN SUBSIDIES 'shall be added.
2. After the heading of Part One, the following title shall be inserted:
Basic provisions'.
3. footnote 1 shall read:
"(1) Council Regulation (EU) 2015 / 1588 of 13 July 2015 on the application of Articles 107 and 108 of the Treaty on the Functioning of the European Union to certain categories of horizontal State aid (codified version). Council Regulation (EU) 2015 / 1589 of 13 July 2015 laying down detailed rules for the application of Article 108 of the Treaty on the Functioning of the European Union (codified version). Commission Regulation (EC) No 794 / 2004 of 21 April 2004 implementing Council Regulation (EU) 2015 / 1589 laying down detailed rules for the application of Article 108 of the Treaty on the Functioning of the European Union, as amended. Commission Regulation (EU) 2023 / 2831 of 13 December 2023 on the application of Articles 107 and 108 of the Treaty on the Functioning of the European Union to de minimis aid. Commission Regulation (EU) 2023 / 2832 of 13 December 2023 on the application of Articles 107 and 108 of the Treaty on the Functioning of the European Union to de minimis aid granted to undertakings providing services of general economic interest. Commission Regulation (EU) No 717 / 2014 of 27 June 2014 on the application of Articles 107 and 108 of the Treaty on the Functioning of the European Union to de minimis aid in the fisheries and aquaculture sector, as amended. Commission Regulation (EU) No 1408 / 2013 of 18 December 2013 on the application of Articles 107 and 108 of the Treaty on the Functioning of the European Union to de minimis aid in the agricultural sector, as amended. ';
4. In Paragraph 1, the current text becomes paragraph 1 and the following paragraph 2 is added, including footnote 9:
"(2) This law further regulates, following the directly applicable European Union9) the exercise of State administration in the field of foreign subsidies, certain obligations of persons and the powers and powers of the Office for the Protection of Competition (" the Office ') for activities carried out by a Member State under this directly applicable law.
(9) Regulation (EU) 2022 / 2560 of the European Parliament and of the Council of 14 December 2022 on foreign subsidies distorting the internal market. Commission Implementing Regulation (EU) 2023 / 1441 of 10 July 2023 on detailed rules for conducting proceedings by the Commission under Regulation (EU) 2022 / 2560 of the European Parliament and of the Council on foreign subsidies distorting the internal market. '
5. in Article 2 (b), the word "legal" shall be deleted;
6. In Article 2 (c), the words "or draft public support programme 'are deleted.
7. in Article 2, the following point (g) is inserted after point (f), including footnote 10:
"(g) by a financial intermediary, the financial intermediary referred to in Article 2 (1) (h) of Regulation 2023 / 283110;
10) Commission Regulation (EU) 2023 / 2831 of 13 December 2023 on the application of Articles 107 and 108 of the Treaty on the Functioning of the European Union to de minimis aid. '
Points (g) and (h) shall be renumbered as points (h) and (i).
8. In Article 2 (h), the words "for the protection of competition (hereinafter" the Authority ')' are deleted.
9. in Article 2 (i):
"(i) the date on which the aid is granted on a small scale, the date on which the beneficiary of the small scale aid becomes entitled to such aid, and the date on which the legal entitlement arises, means the date on which the legal effects of the legal act or act on the basis of which the aid was granted to the beneficiary on a small scale; where the beneficiary of the aid is a financial intermediary of a small scale, that date shall be the last day of the quarter for which it reports pursuant to Article 3a (4); ';
10. in Article 2, the following point (j) is added:
"(j) foreign subsidies for foreign subsidies pursuant to Article 3 of Regulation 2022 / 25609."
11. In Part One, the following title is inserted after Section 2:
Public support '.
12. in Article 3 (1) and (2), the words "and fishing" shall be replaced by the words "forestry, fisheries and aquaculture."
13. in Article 3 (3) (c), the words "and small-scale aid" shall be inserted after the words "aid."
14. in Article 3 (3), point (e) is deleted;
Points (f) to (l) shall be renumbered as points (e) to (k).
15. in Article 3 (3) (h), the words "and 5" shall be inserted after the words "4."
16. in Article 3 (3) (i), "8c (2)" is replaced by "8g (3)."
17. in Article 3 (3) (j), the word "legal" shall be deleted;
18. In Article 3a (3) of the introductory part of the provision, the word "that 'shall be inserted after the word" provided'.
19. in Article 3a (3), the words "on de minimis aid (7)" shall be added at the end of the text in points (a) and (b).
footnote 7:
"(7) Commission Regulation (EU) 2023 / 2831 of 13 December 2023 on the application of Articles 107 and 108 of the Treaty on the Functioning of the European Union to de minimis aid. Commission Regulation (EU) No 717 / 2014 of 27 June 2014 on the application of Articles 107 and 108 of the Treaty on the Functioning of the European Union to de minimis aid in the fisheries and aquaculture sector, as amended. Commission Regulation (EU) No 1408 / 2013 of 18 December 2013 on the application of Articles 107 and 108 of the Treaty on the Functioning of the European Union to de minimis aid in the agricultural sector, as amended. Commission Regulation (EU) 2023 / 2832 of 13 December 2023 on the application of Articles 107 and 108 of the Treaty on the Functioning of the European Union to de minimis aid granted to undertakings providing services of general economic interest. '
20. In Article 3a, the following paragraph 4 is inserted after paragraph 3:
"(4) The financial intermediary shall report on a quarterly basis to the small-scale aid provider on the total amount of small-scale aid received in that quarter within 10 days of the end of that quarter. If no small-scale aid has been received by the financial intermediary in the quarter concerned, it shall inform the small-scale aid provider accordingly within the same period. ';
Paragraph 4 shall become paragraph 5.
21. in Article 3a (5), the words "conduct or" shall be inserted after the word "legal," the words "name of the directly applicable regulation" shall be replaced by "directly applicable regulation," the number "5" shall be replaced by "20" and the words "small scale or from the date of receipt of the report referred to in paragraph 4" shall be inserted after the words "grant aid.
22. In Article 4 (3), the first sentence is replaced by the following: "The coordinating authority shall issue an opinion no later than 10 working days after the date of receipt of the request."
23. In Section 5, the words "public aid 'are deleted.
24. in Article 5 (1) of the introductory part of the provision, the words "or small-scale aid providers" shall be inserted after the word "Provider."
25. in Article 5 (1) (a), the words "and on ongoing public support programmes" shall be deleted;
26. in Article 5 (1) (c), "public aid programmes" is replaced by "small-scale aid."
27. in the first sentence of Article 5 (2), the words', small-scale aid beneficiary or financial intermediary 'shall be inserted after the words' or small-scale aid 'and the words' or small-scale aid beneficiary 'shall be inserted after the words'.
28. in Article 5 (3), the words "the person must be obliged" shall be inserted after the word "the information," the words "the provider and the consignee are obliged" shall be deleted and the words "correct" shall be inserted after the word "complete."
29. in Article 5 (4), the words "also at his request" shall be deleted.
30. in Paragraph 6 (1), "her" is replaced by "them."
31. in Article 6, paragraph 2 shall be deleted and the designation of paragraph 1 shall be deleted;
32. In the second sentence of Article 6a, the word "labour law 'is replaced by" professional, labour or other similar'; in the third sentence, the word "written 'is deleted and in the fifth sentence, the word" information' is inserted after the word "recipient '.
33. In Article 6a, the current text becomes paragraph 1 and the following paragraph 2 is added:
"(2) The documents and information relating to public aid which have been forwarded by the coordinating body to the Commission shall not be provided under the legislation governing public access to information until the procedure before the Commission or the Commission's investigation has been completed; after that period, where such provision would undermine or jeopardise the subsequent judicial or other legal protection. ';
34. At the end of Section 7, the words "following a Commission decision 'shall be added.
35. the following Section 7a is inserted after Section 7, including the title:
Recovery procedure in other cases
(1) Where a provider has granted public aid contrary to European Union law, the beneficiary shall be obliged to repay the public aid granted to the provider or, where appropriate, to his legal successor, including interest. The provider or his successor in title shall, without undue delay, take all necessary measures to ensure that the obligation is fulfilled, without delay, invite the beneficiary to repay the public aid, including interest, and shall fix a time limit in the invitation.
(2) In determining the interest rate for the recovery of public aid referred to in paragraph 1, the provider shall base its assessment on Chapter V of Commission Regulation (EC) No 794 / 2004 of 21 April 2004 implementing Council Regulation (EU) 2015 / 1589 laying down detailed rules for the application of Article 108 of the Treaty on the Functioning of the European Union. Interest shall be paid by the beneficiary from the date on which it was able to dispose of the unlawful public aid until the date of its recovery.
(3) Where the beneficiary is subject to supervision or supervision under a specific legislation, the provider shall immediately inform the supervisory authority or supervisory authority of the obligation to repay the public support. ';
36. The following title shall be inserted after Section 7a:
Foreign subsidies'.
37.
Scope of foreign subsidies
The Authority shall cooperate with the Commission to the extent provided for in the directly applicable European Union law on foreign subsidies distorting the internal market (9) and to this end:
(a) provide the Commission with all the necessary synergies and transmit to it information on foreign subsidies which may distort the internal market;
(b) conduct investigations at the request of the Commission;
(c) represents the Czech Republic when discussing and preparing European Union regulations on foreign subsidies. "
38. Sections 8a to 8c, including the headings and footnotes No 11, read:
Provision of documents and other information
(1) The person required under the directly applicable European Union law governing foreign subsidies distorting the internal market (9) shall submit to the Office, on a written request and within a specified period, all documents and other information relating to foreign subsidies or to foreign subsidies related. Documents and other information shall be submitted by the obliged entity to the Office in full, correct and true.
(2) Documents and information relating to foreign subsidies which have been transmitted by the Office to the Commission shall not be provided, under the legislation governing public access to information, until the procedure before the Commission or the Commission or the Office has been completed at the request of the Commission; after that period, where such provision would undermine or jeopardise the subsequent judicial or other legal protection.
Investigation by the Commission and the Authority
(1) Where the Commission carries out an on-the-spot investigation on the territory of the Czech Republic pursuant to a directly applicable regulation of the European Union governing foreign subsidies distorting the internal market (9), each Party is obliged to provide the Office, the Commission and the persons authorised by it with the necessary synergies.
(2) Where the Office carries out an investigation at the request of the Commission, it shall apply mutatis mutandis in accordance with Sections 21c and 21e to 21g of the Competition Act. Everyone shall be obliged to provide the Office with the necessary synergies in the conduct of the investigation.
Cooperation related to the examination of foreign investments
(1) The Office shall inform the Ministry of Industry and Trade of the initiation of an ex officio interim review or in-depth investigation of foreign subsidies and of the initiation of an interim review or in-depth investigation of the notified concentrations carried out under the directly applicable European Union rules governing foreign subsidies distorting the internal market (9). At the request of the Ministry of Industry and Trade, the Office shall provide the information it has received in connection with this review or investigation concerning the competence of the Ministry of Industry and Trade under the Act governing the examination of foreign investment11).
(2) The employees of the Ministry of Industry and Trade shall be entitled to use the information referred to in paragraph 1 only in connection with the management of proceedings or consultations under the law governing the examination of foreign investments (11) and shall be obliged to maintain confidentiality.
11) Act No. 34 / 2021 Coll., on the examination of foreign investments and on the amendment of related laws (Act on the examination of foreign investments), as amended. '.
39. The following Title IV is inserted after Section 8c:
Transfers and remedies
Transfers
(1) The beneficiary, the beneficiary of small-scale aid or the financial intermediary commits an infringement by not submitting to the coordinating authority a document or other information relating to public or small-scale aid pursuant to Article 5 (2) or (3).
(2) The beneficiary shall commit an infringement by failing to provide the coordinating body, the Commission or their authorised person with the necessary synergies pursuant to Article 6.
(3) The financial intermediary commits an infringement by:
(a) not submit a report on the total amount of small-scale aid referred to in Article 3a (4) or inform the Commission of its failure to receive it pursuant to Article 3a (4); or
(b) fails to comply with the obligation imposed by the remedies provided for in Paragraph 8g (2).
(4) The provider or provider of small-scale support shall commit an infringement by not submitting to the coordinating authority a document or other information concerning public or small-scale support pursuant to Article 5 (1), (3) or (4).
(5) The provider commits an infringement by:
(a) does not provide the coordinating authority, the Commission or the person empowered by them with the necessary synergies pursuant to Article 6; or
(b) shall not take any of the necessary measures pursuant to Article 7 (2).
(6) A small scale aid provider commits an infringement by:
(a) does not directly refer to the applicable European Union Regulation (7) in the act or act of granting small-scale aid pursuant to Article 3a (5);
(b) does not register any of the data referred to in Article 3a (5) in the central register; or
(c) fails to comply with the obligation imposed by the remedies provided for in Paragraph 8g (1).
(7) A penalty may be imposed in respect of an offence:
(a) 300 000 CZK if the offence referred to in paragraph 1, 3, 4 or 6 is committed;
(b) 100 000 CZK if it is an offence pursuant to paragraph 2 or paragraph 5 (a);
(c) 1 000 000 CZK if the offence referred to in paragraph 5 (b) is committed.
(1) A person liable under the directly applicable European Union law governing foreign subsidies distorting the internal market (9) shall commit an offence by:
(a) not submit to the Office a document or other information relating to a foreign subsidy or to a foreign subsidy related to the provisions of Paragraph 8a (1); or
(b) it shall not provide the Office, the Commission or their authorised person with the necessary synergies pursuant to Article 8b (1) or (2).
(2) A fine of up to 300 000 CZK may be imposed for the offence referred to in paragraph 1.
Common provisions on infringements
(1) The limitation period under this Act is 3 years.
(2) Transfers under § 8d are discussed by the coordinating body. The Office shall examine the transfers pursuant to Article 8e.
(3) At least one authorised official involved in infringement proceedings under this Act must have a university degree in the Master's study programme Law and Legal Science at a university in the Czech Republic. The provisions of the Act on Liability for Infringements and Proceedings concerning the requirements for the education of authorised officials shall not apply to infringement proceedings under this Act.
(4) Paragraph 32 of the Act on Liability for Infringements and Proceedings does not apply when assessing liability for Infringements under this Act. Paragraph 80 (2) of the Act on Liability for Infringements does not apply to infringement proceedings under this Act.
Measures to remedy
(1) If the coordinating authority finds that a small-scale aid provider has not identified a directly applicable European Union7) in the legal act or act of granting small-scale aid or has not entered in the central register the data on the aid granted and on its beneficiary pursuant to Article 3a (5), it may impose on the aid provider small-scale corrective measures,
(a) subsequently designate the aid granted as small-scale aid, indicating the directly applicable European Union provision under which small-scale aid has been granted; or
(b) record in the central register; to that end, it shall set a reasonable time limit to remedy it.
(2) If the coordinating authority finds that the financial intermediary has failed to comply with the obligation under Article 3a (4), it may impose on it corrective measures consisting of an additional submission of the report; it shall set a reasonable period for that purpose.
(3) The procedure for examining compliance with the obligation under Article 3a (4) and (5) may be initiated by the coordinating authority within a maximum of 3 years from the date of granting of small scale aid. ';
40. The following title shall be inserted after Section 8g:
Final provisions'.
Amendment to the Competition Act
In Article 22a (6) of Act No. 143 / 2001 Coll., on the Protection of Competition and on the amendment of certain laws (Act on the Protection of Competition), as amended by Act No. 155 / 2009 Coll., Act No. 360 / 2012 Coll., Act No. 293 / 2016 Coll., Act No. 183 / 2017 Coll. and Act No. 226 / 2023 Coll., the words "for a maximum period of 3 years' are added at the end of the text of the sentence.
Amendment to the Public Procurement Act
Act No. 134 / 2016 Coll., on Public Procurement, as amended by Act No. 368 / 2016 Coll., Act No. 147 / 2017 Coll., Act No. 183 / 2017 Coll., Act No. 287 / 2018 Coll., Act No. 277 / 2019 Coll., Act No. 309 / 2019 Coll., Act No. 527 / 2020 Coll., Act No. 543 / 2020 Coll., Act No. 174 / 2021 Coll., Act No. 417 / 2021 Coll., Act No. 240 / 2022 Coll., Act No. 166 / 2023 Coll., Act No. 412 / 2023 Coll., Act No. 238 / 2024 Coll., Act No. 469 / 2024 Coll., is amended as follows:
1. In the first sentence of Paragraph 9 (5), the words "they shall be required at the latest by the time of the award of the contract 'shall be replaced by" they may'.
2. in § 27 (a) the amount "CZK 2 000 000" is replaced by "CZK 3 000 000."
3. In § 27 (b), the amount "CZK 6 000 000 'is replaced by" CZK 9 000 000'.
4. Paragraph 39 (1), including footnote 56, reads as follows:
"(1) In the course of the procurement procedure, the contracting authority shall comply with the specifications laid down. Where the rules governing the conduct of a procurement procedure are not laid down by this law, directly applicable by European Union56) or by procurement conditions, they shall be determined by the contracting authority in accordance with the principles laid down in Article 6.
(56) For example, Regulation (EU) 2022 / 2560 of the European Parliament and of the Council of 14 December 2022 on foreign subsidies distorting the internal market, Commission Implementing Regulation (EU) 2023 / 1441 of 10 July 2023 on detailed rules for conducting proceedings by the Commission pursuant to Regulation (EU) 2022 / 2560 of the European Parliament and of the Council on foreign subsidies distorting the internal market, Regulation (EU) 2022 / 1031 of the European Parliament and of the Council of 23 June 2022 on the access of economic operators, goods and services of third countries to the Union public procurement markets, Council Regulation (EU) No 833 / 2014 of 31 July 2014 on restrictive measures relating to the activities of Russia destabilising the situation in Ukraine, as amended. '
5. In Paragraph 39, at the end of paragraph 2, the dot is replaced by a comma and the following point (e) is added:
"(e) the rules governing the contracting authority's procedure in the procurement procedure laid down directly by the European Union56.";
6. In the first sentence of Paragraph 40 (1), the words "for which the tenderers may not withdraw from the procurement procedure 'shall be deleted.
7. Paragraph 40 (2), including footnote 57, reads as follows:
"(2) The time limit shall be extended by:
(a) the period during which the contracting authority may not conclude a contract under Paragraph 246;
(b) the period of prior review or in-depth investigation of the notified foreign financial contributions pursuant to the directly applicable European Union law governing foreign subsidies distorting the internal market (57);
(c) the period during which the contracting authority may not conclude a contract under a decision of the Competition Authority (hereinafter referred to as "the Authority") or under an interim measure imposed; or
(d) the period agreed by the contracting authority with the parties to the procurement procedure.
(57) Regulation (EU) 2022 / 2560 of the European Parliament and of the Council of 14 December 2022 on foreign subsidies distorting the internal market. Commission Implementing Regulation (EU) 2023 / 1441 of 10 July 2023 on detailed rules for conducting proceedings by the Commission under Regulation (EU) 2022 / 2560 of the European Parliament and of the Council on foreign subsidies distorting the internal market. '
8. in Paragraph 40, the following paragraph 3 is inserted after paragraph 2:
"(3) In the course of the procurement period, tenderers may not withdraw from the procurement procedure; This is not the case at the time of the in-depth investigation of the notified foreign financial contributions by the European Commission under the directly applicable European Union law governing foreign subsidies distorting the internal market (57). The contracting authority shall send the information on the opening or termination of an in-depth investigation to the tenderers without undue delay after having been informed by the European Commission. For the purposes of this Act, the period of in-depth investigation shall be the period from the receipt of the information from the contracting authority on the initiation of the in-depth investigation to the receipt of the information from the contracting authority on the termination of the in-depth investigation by the tenderer of the procurement procedure. ';
Paragraphs 3 to 6 shall be renumbered paragraphs 4 to 7.
9. In the first sentence of Article 40 (4), the words "pursuant to Article 246, in accordance with a decision of the Office or under an interim measure imposed, or on the time of the preliminary review of the notified foreign financial contributions under the directly applicable European Union law governing foreign subsidies distorting the internal market (57) 'shall be inserted after the word" contract'.
10. in Article 40 (6) and (7) and in Article 51 (1), "4" is replaced by "5."
11. in Paragraph 46, the following paragraph 4 is added:
"(4) The contracting authority shall request the supplier to complete, within 10 working days, the missing notification or declaration of foreign financial contributions in accordance with the directly applicable European Union law governing foreign subsidies distorting the internal market (57), provided that the offer or request for participation does not contain such documents. ';
12. in Article 47 (4) (a), the words "in the absence of a time limit" shall be replaced by the words "if it does not conflict with Article 40 (3)."
13. In Paragraph 48 (1), the words "or for reasons of exclusion or rejection of a tender or a request for participation provided for directly applicable European Union56 'shall be inserted after the word" the law'.
14. In Article 48, at the end of the text of paragraph 8, the words "or if it finds that the grounds for compulsory exclusion or compulsory rejection of a tender or a request for participation under the directly applicable European Union56 Regulation are fulfilled 'are added.
15. In the third sentence of Paragraph 48 (9), the words "established abroad 'are replaced by" which is a foreign legal person and which'.
16. In the fourth sentence of Paragraph 53 (4), the word "tender 'is replaced by" sublimit'.
17. in Article 75 (1) (a), the words "register" shall be replaced by the words "register."
18.
The contracting authority shall, during the special procedure, comply with the specifications laid down. Where the rules on specific procedures are not laid down by this Act, directly applicable by European Union56) or by the specifications, they shall be determined by the contracting authority in accordance with the principles laid down in Article 6. Article 39 (2) (e), 39 (5), 42 to 45, 46 (1) and 48a (1) shall apply mutatis mutandis in the procedure under this Part. '
19. In Section 211, the sentence "Delivering by means of an electronic tool is the moment when the data message is received to the electronic address of the addressee of the data message in the electronic tool. 'is added at the end of paragraph 9.
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Regulation Information
| Citation | Act No. 69 / 2025 Coll., amending Act No. 215 / 2004 Coll., on the adaptation of certain public aid relations and amending the Act on the promotion of research and development, as amended, and other related laws |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 19.03.2025 |
|---|---|
| Effective from | 03.04.2025 |
| Effective until | - |
| Status | Valid |
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