Act No. 76 / 2012 Coll.
Act amending Act No. 241 / 2000 Coll., on economic measures for crisis situations and amending certain related laws, as amended
Valid
Effective from 12.03.2012
76
THE LAW
of 7 February 2012
amending Act No. 241 / 2000 Coll., on economic measures for crisis situations and amending certain related laws, as amended
Parliament has decided on this law of the Czech Republic:
Act No. 241 / 2000 Coll., on economic measures for crisis situations and amending certain related laws, as amended by Act No. 320 / 2002 Coll., Act No. 354 / 2003 Coll., Act No. 237 / 2004 Coll., Act No. 413 / 2005 Coll., Act No. 444 / 2005 Coll., Act No. 296 / 2007 Coll., Act No. 281 / 2009 Coll. and Act No. 153 / 2010 Coll., is amended as follows:
1. Paragraph 1 (2) reads as follows:
"(2) The law provides for jurisdiction
(a) governments;
(b) central administrative offices, the Czech National Bank, the regional authorities, the municipal authorities of the municipality with extended competence (hereinafter the "administrative office"); and
(c) authorities of local authorities
preparing and adopting economic measures for crisis situations. It shall also lay down the rights and obligations of natural and legal persons in the preparation and adoption of economic measures for crisis situations. ';
2. In Article 2 (1) (c), the words "pursuant to Article 10 'are deleted.
3. in Paragraph 2 (1), point (h), including footnote 6, shall be deleted;
Points (i) to (k) shall be renumbered as points (h) to (j).
4. in Article 2 (1) (i):
"(i) preserving the production capabilities of operational technological equipment and documentation owned by a mobilising supply supplier or supplier for the purpose of initiating or expanding the production of an object of mobilising or necessary supply and for other production not used;"
5. In Article 2 (1) (j) (1) and in Article 19 (3), the words "the right of management 'are replaced by the words" the right to manage'.
6. In Article 3 (1) (b), the word "firefighter 'is deleted, the word" a' is replaced by a comma and the words "and medical rescue services' are added at the end of the text of the letter.
7. In Article 5 (a), the word "release 'is replaced by" use';
8. in Paragraph 6 (1) (e), the word "proper" shall be deleted;
9. In Article 6, at the end of paragraph 1, the dot is replaced by a comma and the following point (f) is added:
"(f) participate in the system of continuing professional training of administrative staff and suppliers of mobilising supplies in the field of economic crisis management measures provided by the Administration of State tangible reserves.";
10.Paragraph 6 (2) reads as follows:
"(2) The Central Administrative Office shall ensure the necessary delivery within its area of responsibility,
(a) which the Regional Office cannot provide within its administrative district;
(b) the importance of which exceeds the administrative circumference of the region; or
(c) in the case of support for the activities of the armed forces, armed security corps, rescue corps, emergency services or medical emergency services set up under its jurisdiction. ";
11. Sections 7 and 8, including the headings, read:
Organ region
(1) The Hejtman of the Region (hereinafter referred to as "the President") ensures the preparedness of the Region in the system of economic measures for crisis situations. other regional authorities shall participate in this preparedness. To that end, the President
(a) manage and control the preparation and implementation of economic measures for crisis situations;
(b) ensure the allocation of supplies for humanitarian aid;
(c) order the regulatory measure referred to in Article 21.
(2) Regional Office in the economic crisis management system
(a) it shall draw up the necessary supply plan for the region, using the necessary supply plans for the enlarged municipalities, the processing of which it coordinates;
(b) ensure the necessary supply to meet the basic needs of the inhabitants of the region;
(c) ensure activities enabling regulatory action to be taken.
(3) In the territory of the capital city of Prague, the regional authority performs its tasks in the system of economic measures for emergency situations of the City of Prague.
Authorities of the municipality with extended scope
(1) The mayor of the municipality with extended scope ensures the readiness of the administrative district of the municipality with extended scope in the economic crisis management system; the other authorities of the municipality with extended scope participate in this readiness.
(2) Municipal authority of the municipality with extended scope in the system of economic measures for crisis situations
(a) prepare the necessary supply plan for the municipality with extended scope;
(b) carry out the tasks assigned to it by the Regional Office;
(c) ensure activities enabling regulatory action to be taken.
(3) In the territory of the capital city of Prague, the municipal authority of the municipality with extended competence in the system of economic measures for emergency situations is responsible for the urban part as defined by the Statute of the capital city of Prague.
(4) The mayor of the city area established by the Statute of the City of Prague has the same powers in the system of economic measures for crisis situations as the mayor of the municipality with extended scope. "
12. In Paragraph 10 (1) (b), the word "firefighter" is deleted, the word "a" is replaced by a comma and the words "medical rescue services and police of the Czech Republic" are added at the end of the text of the letter.
13. Paragraph 10 (2) is deleted.
Paragraphs 3 and 4 shall become paragraphs 2 and 3.
14. In Article 10 (2), the word "its customer 'is replaced by" the crisis management authority which has decided on it'.
15. In § 10 (3), first sentence, § 13 (4), § 15, second sentence, and in § 16 (1), second sentence, the word "professional" shall be replaced by "substance."
16. in Article 10 (3), the second sentence is deleted;
17. In Article 10, the following paragraph 4 is added:
"(4) Where the competent central administrative authority can prove to be unable to provide the necessary supply within its scope, it shall request the Administration of State tangible reserves to create contingency stocks or to cover the cost of preserving production capabilities. ';
18. Paragraph 11, including the title and footnotes No 24 and 11, reads as follows:
Contingency stocks
(1) Contingency stocks are created by the Administration of State tangible reserves under the State tangible reserves system (24).
(2) The use of emergency stocks shall be decided by the head of the Central Administrative Office on the basis of which the emergency stocks have been created. In accordance with this Decision, the management of the State tangible reserves shall provide emergency stocks to the beneficiary, which may be the administrative or local authority or the body or service referred to in Article 10 (1) (b). The beneficiary shall be entitled to provide emergency stocks to a natural or legal person or other organisational component of the State.
(3) The emergency stocks provided, other than those consumed, must be recovered by the beneficiary within 60 days of the cancellation of the crisis. After that period, the beneficiary shall be entitled to use the contingency stocks provided only on the basis of a contract concluded with the Administration of State tangible reserves. The draft contract shall be drawn up by the Administration of State tangible reserves on the basis of a request submitted by the beneficiary within 60 days of the cancellation of the crisis. If the beneficiary does not submit the application within that time limit, the use of contingency stocks shall be the unauthorised use of the assets to which the management of the State tangible reserves is competent (11). In the event of non-recovery of the emergency stocks provided, the legislation governing the management of the State's assets shall be followed.
24) Act No. 97 / 1993 Coll.
11) § 7 (1) of Act No. 97 / 1993 Coll. '.
19. Paragraph 12 (2) reads:
"(2) The release of supplies for humanitarian aid shall be decided by the President of the State Material Reserve Administration on the basis of the request of the Governor or Mayor of the municipality with extended scope. The allocation of supplies for humanitarian aid to individuals seriously affected by the crisis shall be provided by the captain or the mayor of the municipality with extended scope to whom the supplies for humanitarian aid have been provided. The supplies issued shall not be paid or returned. ';
20. In Section 15 of the Introductory Part of the provision, the words "within 30 days after processing 'shall be inserted after the words" this plan shall be transmitted'.
21. In Paragraph 16 (2), the second sentence, including footnote 14, is deleted.
22. In Article 16 (6), the word "professional 'is replaced by the word" material'.
23. In the second sentence of Article 17, the word "territorial 'is inserted after the words" crisis situations' and the word "institution 'is deleted.
24. in Paragraph 20 (1):
"(1) The regulatory measures shall be designed to reduce the consumption of scarce raw materials and products and the supply of services or to guide consumption and supplies in accordance with the crisis plans in cases where the crisis situation becomes such that normal economic instruments are not sufficiently effective in ensuring the necessary supply. ';
25. in Paragraph 20 (2), the word "accepted" shall be replaced by the word "ordered" and the word "declared" shall be replaced by "ordered."
26. in Paragraph 20 (3), the word "declared" is replaced by the word "ordered."
27. in Article 21 (1) of the Introductory Part of the provision, the words "the Regional Government," shall be replaced by the words "the Governor or," or the Mayor of the designated municipality, "shall be deleted and the words" the place of business or the registered office of the undertaking or the organisational component "shall be replaced by the words" the place of residence, the place of business, the place of business or the registered office of the holding. "
28. In Article 21 (2) of the Introductory Part of the provision, the word "Regional 'is deleted and the word" Order' is inserted after the word "Governor '.
29. in Paragraph 21 (2) (a) of the introductory part of the provision, the word "introduce" shall be deleted.
30. in Article 21 (2) (a) (2), the words "to which the consumer is entitled" shall be replaced by the words "which can be sold to the consumer."
31. in Article 21 (2) (b), the word "accept" shall be deleted;
32. In Article 21, the following paragraph 3 is inserted after paragraph 2:
"(3) The obligations imposed under paragraphs 1 and 2 shall be crisis measures under Article 3 (2) of the Crisis Act. ';
Paragraph 3 shall become paragraph 4.
33. in Article 21 (4), the words "and expenditure" shall be deleted;
34. In Article 21, the following paragraph 5 is added:
"(5) In an emergency state, state and state of war, the captain or mayor of a municipality with extended jurisdiction in the territory for which a state of emergency has been declared may order the measures referred to in paragraphs 1 and 2, unless the government has already ordered such measures. ';
35. in Paragraph 22 (1) (b), the words "publicly negotiable" are replaced by the words "quoted."
36. in Paragraph 22 (1) (d), "medical material" is replaced by "medical devices."
37. in Article 23 (1) (c), the words "funds in Czech crowns in bank accounts" are replaced by the words "funds in accounts of persons authorised to provide payment services."
38. Paragraph 23 (3), including footnotes 18 and 25, reads:
"(3) The Governor of the Czech National Bank can decide by means of a communication in the Collection of Laws
(a) decide on key monetary policy measures 18);
(b) determine the course of the Czech Crown against foreign currencies;
(c) limit or prohibit cash and cash transfers between financial service providers;
(d) suspend administrative proceedings conducted by the Czech National Bank;
(e) restrict or prohibit the exercise of activities authorised by the Czech National Bank;
(f) limit or prohibit the purchase and export of foreign exchange values25) and the use of funds from foreign exchange accounts, introduce an obligation to bid foreign exchange values and determine its scope;
(g) restrict or prohibit the provision of credit and the sale of credit products by persons authorised to provide payment services;
(h) limit or prohibit the export of the Czech crown.
18) § 5 (1) of Act No. 6 / 1993 Coll., on the Czech National Bank.
25) § 1 (d) of Act No. 219 / 1995 Coll., Foreign Exchange Act, as amended. '
39.
(1) The administrative authority shall, within its responsibility, monitor the preparation of economic measures for crisis situations and, after the notification of crisis situations, their implementation and effectiveness.
(2) The management of the State tangible reserves is controlled by the administrative authorities, economic mobilization bodies and the suppliers of the mobilising and necessary supplies throughout the preparation of the planned economic measures for crisis situations and is verifying their fulfilment and effectiveness. It shall also control the use of funds allocated from its budget chapter to legal and business individuals involved in the system of economic measures for crisis situations. ';
footnote 20 is deleted.
40. In including the title:
ADMINISTRATIVE DEPARTMENTS
Transfers
(1) A natural person commits an offence by:
(a) fails to fulfil one of the obligations under Articles 23 (1), 23 (3) (f) or 23 (3) (h); or
(b) fails to fulfil any of the obligations under Article 21 (2) (b) or Article 22 (1) (c).
(2) A fine may be imposed for an offence
(a) up to 100 000 CZK if the offence referred to in paragraph 1 (a) is committed,
(b) up to CZK 20,000 if it is an offence referred to in paragraph 1 (b).
(3) The upper limit of the fine referred to in point (b) of paragraph 2 shall be doubled in a state of threat to the state or to the state of war.
Administrative offences of legal and business natural persons
(1) A natural person, whether legal or legal, commits an administrative offence by:
(a) fails to fulfil any of the obligations under Article 23 (1) or Article 23 (3);
(b) fails to fulfil any of the obligations under Article 21 (1) or (2) or Article 22 (1);
(c) use, as an economic mobilization entity, a designation certificate contrary to Article 17;
(d) in contravention of Article 16 (3), it shall not return a designation certificate by an economic mobilization body or use it at the time when the decision to revoke the economic mobilization entity became final; or
(e) does not transmit or update the selected data pursuant to Article 15.
(2) A fine shall be imposed for the administrative offence:
(a) up to 10 000 000 CZK if it is an administrative offence as referred to in paragraph 1 (a);
(b) up to 5 000 000 CZK if it is an administrative offence referred to in paragraph 1 (b),
(c) up to CZK 1 000 000, if it is an administrative offence referred to in paragraph 1 (c) or (d),
(d) up to 100 000 CZK if it is an administrative offence referred to in paragraph 1 (e).
(3) The upper limit of the fine referred to in points (b) to (d) of paragraph 2 shall be doubled in a state of threat to the State or to the state of war.
Common provisions on administrative offences
(1) The legal person shall not be liable for an administrative offence if he proves that he has made every effort to prevent an infringement.
(2) In determining the amount of the fine for an administrative offence, account shall be taken of the seriousness of the administrative offence, in particular the manner in which it was committed and the consequences thereof and the circumstances in which it was committed.
(3) The liability of a legal person for an administrative offence shall cease if the administrative authority has not initiated proceedings on him within one year of his knowledge, but no later than five years from the date on which he was committed. During the state of threat to the state or to the state of war, time limits shall be suspended.
(4) The liability for conduct arising in or directly related to the business of a natural person shall be subject to the provisions of the Liability and Penalty Act.
(5) The administrative offences referred to in Articles 25 (1) and 25a (1) (a) and (b) at first instance
(a) the municipal authority of the municipality with extended scope in its administrative district in cases of regulatory measures ordered by the mayor of the municipality with extended scope;
(b) the regional authority in its administrative district in cases of regulatory measures ordered by the Member State;
c) The Czech National Bank in cases of regulatory measures declared by the Governor of the Czech National Bank,
(d) the Central Administrative Office, as appropriate, in cases of government regulations.
(6) The administrative offences referred to in § 25a (1) (c) to (e) are dealt with at first instance by the Administration of State tangible reserves.
(7) The imposition of a fine pursuant to paragraphs 25 and 25a does not relieve the debtor of the obligation to remove the unlawful situation within a time limit set by the competent administrative authority. "
Article 41 (27a) reads:
The powers laid down by the Governor, the Regional Office, the Mayor of the Municipality with extended competence or the Municipal Office of the Municipality with extended competence under this Act shall be exercised by the delegation of powers. '
42. The following Sections 27b and 27c are inserted after Section 27a:
In preparing and adopting measures under this Act, administrative authorities use information systems to support economic measures for crisis situations. Information systems to support economic measures for crisis situations must comply with rules similar to crisis management information systems under the Crisis Act.
At a time of crisis, decisions and imposing obligations under this Act shall not be subject to the administrative rules, except for the basic principles of administrative activity; This does not apply if it is the decision-making and imposition of obligations under § 16, 25, 25a or 26 of this Act. '
Efficacy
This Act shall take effect on the day of its publication.
Germany
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Regulation Information
| Citation | Act No. 76 / 2012 Coll., amending Act No. 241 / 2000 Coll., on economic measures for crisis situations and amending certain related laws, as amended |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 12.03.2012 |
|---|---|
| Effective from | 12.03.2012 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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