Act No. 77 / 2002 Coll.
Act on public limited liability companies ČD, state organization Railway Administration and amending Act No. 266 / 1994 Coll., on Railways, as amended, and Act No. 77 / 1997 Coll., on State Enterprise, as amended
Valid
Law
Effective from 01.03.2002
Contents
ČÁST PRVNÍ
HLAVA I
Díl 1
§ 1
§ 2
Díl 2
§ 3
§ 4
§ 5
§ 6
Díl 3
§ 7
Díl 4
§ 8
§ 9
§ 10
§ 11
Díl 5
§ 12
§ 13
§ 14
§ 15
§ 16
Díl 6
§ 17
§ 18
HLAVA II
Díl 1
§ 19
§ 20
Díl 2
§ 21
§ 22
§ 24
§ 24a
§ 24b
§ 25
Díl 3
§ 27
§ 28
§ 29
§ 30
§ 31
§ 32
§ 33
HLAVA III
§ 34
§ 35
§ 36
§ 37
§ 38
§ 38a
HLAVA IV
§ 39
ČÁST DRUHÁ
§ 40
㤠51a
㤠53a
§ 53b
ČÁST TŘETÍ
§ 41
ČÁST ČTVRTÁ
§ 42
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77
THE LAW
of 5 February 2002
on the public limited company České dráhy, state organization Railway Administration and amending Act No. 266 / 1994 Coll., on Railways, as amended, and Act No. 77 / 1997 Coll., on State Enterprise, as amended
Parliament has decided on this law of the Czech Republic:
ACCIOUS COMPANY OF THE CZECH SPECIES AND STATE ORGANISATION OF RAILWAY MANAGEMENT
TRANSFORMATION OF CZECH DRAGES
Basic provisions
Subject matter
(1) This Act provides for:
(a) the way in which the ČD joint-stock company is established and operates; and
(b) establishment and operation of a state organisation of the Railway Administration, 1)
as legal successors to the state organization České drážy.2)
(2) The establishment, establishment, activity, status of the institutions and legal situation of ČD's public limited company are governed by the Commercial Corporation Act, (3) unless otherwise provided for by that Act.
Definition of basic terms
For the purposes of this Act:
(a) the rail transport route of the national rail and regional rail, owned by the State, intended for the operation of rail transport by railway carriers, to which the State guarantees equal and non-discriminatory access to carriers, in particular when licensing, (4a) the allocation of capacity4b) and the fixing of the price for its use, 4c)
(b) the operation of the railway infrastructure by activities which ensure and serve the railway transport and organise rail transport under special legislation, for the purpose of operating rail transport by railway carriers, the fulfilment of obligations under international treaties by which the Czech Republic is bound, 5) and for the purposes of State defence and crisis management, 6)
(c) the operation of rail transport activities by which the rail carrier ensures the provision of transport services to third parties under specific legislation;
(d) the operational capacity of the railway infrastructure to ensure the technical condition of the railway infrastructure, which guarantees safe operation of the railway infrastructure and railway transport by building technical parameters and permissible wear.
Establishment and creation of ČD public limited company
(1) The founder of the ČD Joint Stock Company is the State on whose behalf the Ministry of Transport (hereinafter referred to as the Ministry) is acting.
(2) The trading company of the public limited company referred to in paragraph 1 is the name ČD, a. s.
(1) The establishment of ČD public limited company requires the prior approval of the Government.
(2) For the establishment of ČD public limited company, the assets of the State with which it operated at the specified date of ČD state organisation, 2) which are used for the operation of the railway infrastructure and railway transport, and other assets of the ČD state organisation, 2) excluding those referred to in § 20 (1), § 20 (5) (b) and § 38a.
(3) The Ministry will submit for approval to the Government within 3 months of the date specified, a draft of the founding act and a draft of the Statutes of the ČD public limited company.
(4) The ČD Joint Stock Company is established without a public offer of shares on the date on which the Government approves the founding charter of ČD Joint Stock Company including the Statutes.
(1) ČD shares are paper shares in a name with limited transferability; the shares are transferable only with the Government's prior approval.
(2) The founding act of ČD's public limited company must include, in particular, the determination of the subject matter of the non-monetary deposit, its book value on a specified date verified by the auditor. The instrument shall determine the value of the deposit and its breakdown into the share capital and the share premium.
(3) The Statutes of ČD public limited liability company must include, in addition to the requirements required by the Commercial Code, the basic organisational arrangements of ČD public limited liability company and the definition of the board of directors, for which prior approval of the Supervisory Board is required [§ 14 (c), § 16 (c)].
The creation of a public limited company
(1) ČD shall be established on 1 January of the calendar year following the calendar year in which ČD was established. ČD's share company is entered in the Commercial Register; the registration is of a declaratory nature as regards the formation of a public limited liability company.
(2) The Ministry will announce the date of the creation of ČD public limited company by means of a communication in the Collection7.
Transfer of assets
Stock company
(1) The property of the State pursuant to § 4 (2) is transferred to ČD on the date of its creation. The transfer of property rights to ČD public limited liability company will be recorded in the real estate register according to the charter.
(2) The transfer of assets referred to in paragraph 1 shall be deemed to have paid up the transfer of the State's assets to the ČD public limited-liability company and shall pay up the issue rate of the shares, including the share premium and ČD public limited-liability company.
Business of ČD public limited company
(1) The business of ČD is the operation of railway transport.
(2) The ČD Joint Stock Company acts in international rail transport according to the international treaties by which the Czech Republic is bound and which were published in the Collection of Laws 5) or in the Collection of International Treaties, as the national railway undertaking of the Czech Republic.
(3) ČD's shareholder company may undertake and carry out other activities under the conditions laid down in the special legislation8).
As a shareholder, the State ensures that ČD's public limited company provides transport services which are in line with its business plan and business interest.
ČD stock company is obliged to provide To the Supreme Audit Office the necessary synergies in the performance of the control activities of the management of the state organisation Railway Administration.
Social Fund
(1) ČD Joint Stock Company establishes a social fund which is used for the benefit of employees to secure cultural, social and other needs.
(2) The Social Fund shall consist of an allocation of 1% of the annual cost of wages and salary compensation.
Authorities of ČD Joint Stock Company
Exercise of State shareholder rights
(1) The State exercises shareholders' rights in ČD through the Management Committee. The Steering Committee shall consist of three government-mandated Ministry employees and one government-mandated Ministry of Finance, Ministry of Defence, Ministry of Industry and Trade and Ministry of Local Development.
(2) The Steering Committee shall report in writing to the Government once a quarter through the Minister of Transport on its activities, which it shall submit within the deadline set by the Government.
(3) The activities of the Steering Committee are managed by its chairman or, as the case may be, by a Vice-President appointed and removed by the Government.
(4) The Chair and, where appropriate, the Vice-President shall act on behalf of the Management Committee. The President or Vice-President, acting on behalf of the Management Committee, shall be bound by the decision of that institution.
(5) The Steering Committee shall take decisions by an absolute majority of its members.
(6) Minutes shall be taken of the proceedings of the Steering Committee and of its decisions, signed by all members present on the Steering Committee. Minutes of decisions of the Steering Committee shall be taken in the form of notarial minutes.
Board of Directors
(1) The Chairman and other members of the Board of Directors of ČD are elected and dismissed by its Supervisory Board.
(2) The first members of the Board of Directors of ČD are appointed by the Government on a proposal from the Ministry on the date of establishment of ČD.
Board of Directors
(a) decide on all matters of the ČD public limited-liability company, unless they are reserved by this law or statutes within the competence of the Supervisory Board;
b) after consulting the trade unions operating in the ČD public limited-liability company, approve the electoral order setting out the terms and conditions for the election and withdrawal of one third of the members of the supervisory board elected and withdrawn by the employees of ČD public limited-liability company;
c) decide on the management of the property of ČD public limited company, which was reserved by the Supervisory Board, only after prior approval of the Supervisory Board.
Supervisory Board
The first members of the Supervisory Board of the ČD public limited company are appointed by the government on the date of the establishment of ČD public limited company. Two-thirds of the first members of the Supervisory Board are appointed by the Government on a proposal from the Ministry after consultation with the relevant trade unions and one-third of the members of the staff of the Czech Railways State Organisation based on the results of the elections. The terms and conditions of the election shall be laid down in an electoral order approved for this purpose by the Czech Railway State Organisation after consultation with the trade union authorities.
Supervisory Board
(a) review the report on the business activities of the ČD public limited company and the state of its assets, including the report on the settlement of public funds, and submit its observations to the general meeting;
b) approves the annual business plan including the business strategy and budget of railway transport of ČD public limited company;
(c) give prior consent to the treatment of property, where such consent is reserved under its statutes.
Rail transport operations for State defence purposes
In a state of danger, state of emergency, emergency or war status (11), ČD is obliged to ensure the operation of railway transport in accordance with the State's defence needs (6) and the needs of a system of economic measures for emergency situations. 12)
(1) Ministry of Defence after consulting the Ministry of Defence
(a) define the means and capacities of the ČD public limited company, which will be necessary for the performance of the State's defence tasks and which will not be subject to the obligation to provide material resources under special legislation, 6)
(b) establish a list of the work necessary to perform the State's defence tasks in the security of operation, technical protection and renewal on the designated rail network.
(2) In order to carry out the State's defence tasks, ČD public limited liability companies may also be obliged to the benefit of the Allied Armed Forces, if necessary to fulfil the obligations of the Czech Republic under the international treaties by which they are bound. 13)
(3) Following the announcement of a state of danger, 14) an emergency situation, a state of threat or a state of war status (11), public limited liability companies of ČD may be assigned tasks by a crisis management authority, to which specific legislation14), which is determined by this scope; ČD is obliged to perform these tasks without delay.
RAILWAY MANAGEMENT
Establishment of the Railway Administration state organization
(1) At the date of the creation of the ČD public limited company, the Railway Administration is established in Prague.
(2) The Railway Administration state organisation is a legal entity which is competent to acquire rights and to assume obligations in its own legal acts, but where commitments are involved to finance the costs of construction and modernisation of the railway infrastructure, the State guarantees only if a special law so provides. The State is liable for its obligations. On behalf of the State as guarantor, the Ministry of Finance is competent to act.
(3) The State Organisation of the Railway Administration is hereby entered in the Commercial Register. the registration is of a declaratory nature as regards the creation of a state organisation. The application for registration shall be submitted by the founder.
(4) The application for registration must contain:
(a) the company and its registered office;
(b) proof of the accounting value of the assets with which the Railway Administration will manage from the date of establishment, certified by the auditor;
(c) identification number,
(d) the subject matter of the business;
(e) the legal form of the legal person;
(f) the name and address of the person who is the statutory authority, indicating the manner in which he acts on behalf of the legal person, and the date on which he was created or, where appropriate, the expiry of his office;
(g) the Government Resolution by which the ČD Joint Stock Company was established,
h) the date of establishment of ČD joint stock company.
(5) The status, legal situation, activity, merger, association and division of the Railway Administration's state organisation shall, from the date of its establishment, be governed by the provisions of the State Enterprise Act, (15) unless otherwise provided by that law.
(6) The function of the founder of the Railway Administration State Organisation is exercised by the Ministry on behalf of the State.
(1) The Railway Administration is managing the property of the State, with which the Czech Railways public organization operated on the date of the creation of ČD. 2)
(a) which constitutes a railway transport route;
(b) the issue of which is entitled to a natural person under special legislation, 16)
(c) to be returned to a legal person under special legislation. 17)
(2) The state organization Railway Administration manages the commitments and claims of the state organization České dráhy existing at the date of the creation of ČD public limited company except:
(a) outstanding loans granted to ČD for the modernisation of railway rolling stock and the acquisition of new railway vehicles;
(b) outstanding liabilities and claims of the state organization ČD from commercial transport relationships,
(c) the obligations and claims arising from the employment relations of employees who, at the date of the establishment of ČD, switch to ČD.
(3) The Railway Administration is obliged to declare the cadastral of real estate the creation, modification and termination of real estate rights with which it operates under this Act and which are recorded in the cadastral of real estate and to provide details of the properties necessary for the execution of the alert.
(4) The State Organisation of the Railway Administration can treat the property constituting the railway transport only with the prior approval of the Ministry. This is without prejudice to the procedure under the State Enterprise Act (15). This approval shall be published by the Railway Administration of the State Organisation in a manner that allows remote access within 15 days of its adoption. The legal proceedings relating to the goods forming a railway transport route made by the Railway Administration State Organisation without prior approval by the Ministry shall be void; Such invalidity may be called within 6 months of the date on which the person entitled became aware or was able to know, but no longer than 10 years from the date on which such action took place. The property according to the first sentence cannot be affected by the execution of a decision or execution.
(5) The Railway Administration does not manage the property,
a) which moves from the state organization ČD to the public limited company ČD,
b) made up of a building located in Prague 1, the waterfront of Ludvík Svoboda 12 and no. 1222 on plot No 263 and plot No 263 in the cadastral territory of Nové Město, which is managed by the Ministry on the date of establishment of ČD public limited company.
Subject matter of the activity of the state organisation Railway Administration
(1) The Railway Administration's state organisation operates a railway transport route in the public interest; This does not apply to the part of the railway infrastructure that was left to use to another railway infrastructure operator by a lease contract. The Railway Administration State Organisation may also operate another runway on a contractual basis.
(2) The Railway Administration State Organisation may undertake and carry out other activities, insofar as this is related to its management under paragraph 1, under specific legislation. 8) The Railway Administration is discussing the development and modernisation objectives of the Railway Administration with the Ministry, the Region and the carriers operating railway services on the route concerned.
(3) The Railway Administration's State Organisation acts as the owner and operator of the railway pursuant to a special legislation.
Where the lease of land or buildings necessary for the development, modernisation, maintenance or repair of the railway infrastructure is negotiated, the rent may not exceed the maximum possible amount resulting from price regulation laid down and issued under the Public Infrastructure Land Price Law, if applied, but not exceed the normal price; This also applies if the lease of the land on which the railway transport has been established is agreed.
(1) In order to coordinate the operation of the railway and rail transport, the Railway Administration shall consult each year with railway carriers operating the railway services operated by it, applicants for capacity allocation on those routes, public passenger transport service providers and, where appropriate, representatives of passengers and consignors in particular:
(a) their needs related to development, modernisation, maintenance and railway repair;
(b) the objectives to be achieved by providing funding from the State Fund for Transport Infrastructure, the arrangements supporting the reduction of costs of the Railway Administration in the performance of the funded activities and the reduction of the cost of use of the runway, and the application of those objectives and arrangements;
(c) the content and application of the runway declaration;
(d) the conditions for the allocation, use and level of services provided by the railway operator;
(e) the issue of the operational and technical interconnection of the rail system; and
(f) the possibility of connecting rail transport with other modes of transport.
(2) A representative of the Competition Authority may also attend the negotiations referred to in paragraph 1.
(3) The negotiations referred to in paragraph 1 shall be convened by the Railway Administration in agreement with the persons concerned. The invitation to the hearing and the report on its results shall be made public in a manner which allows remote access.
The Railway Administration works with railway operators from other Member States of the European Union to the extent and in a manner regulated by the European Union regulation governing the creation of a single European railway room23).
The Railway Administration has set up a fire brigade unit for the performance of tasks under special legislation20).
Operation of the railway infrastructure for State defence purposes
(1) In a state of danger, a state of emergency, an emergency state (11) or a state of war (11), the Railway Administration is obliged to ensure the operation of the railway infrastructure in accordance with the State's defence needs (6) and the needs of a system of economic measures for emergency situations (12).
(2) In order to ensure that the State is prepared for a state of danger and a state of war, the Railway Administration is obliged to process and submit to the Ministry for approval a proposal to ensure the security of the technical protection and restoration of the railway infrastructure intended for operation in a state of threat to the State and the state of war.
(3) Ministry after consulting the Ministry of Defence
(a) approve railway infrastructure routes which may be important for the performance of State defence tasks (designated rail network) and the way in which it is ensured technical protection and restoration;
(b) establish a list of the work necessary to perform the State's defence tasks in the security of operation, technical protection and renewal on the designated rail network.
Authorities of the Railway Administration State Organisation
The bodies of the Railway Administration State Organisation shall be the Management Board and the Director-General.
Management Board
(1) The Management Board shall consist of seven members appointed and dismissed by the Government on a proposal from the Minister for Transport.
(2) The Government shall appoint a chairman from among the members of the Management Board who shall direct its activities.
(3) A member of the Management Board is obliged to maintain confidentiality, refrain from any conduct which may lead to a conflict of interest in the interests of the Railway Administration, and may not abuse information acquired in connection with the performance of a function for the benefit of his or her own or other person.
(1) The Management Board shall act by a majority of its members.
(2) The rules of procedure of the Management Board shall determine the arrangements for meetings and meetings of the Management Board.
Management Board
(a) approve, on a proposal from the Director-General, the fundamental issues of the concept of the Railway Administration State Organisation and the treatment of the State's assets for business activities entrusted to it (other than the designated assets) to the extent determined by the founder;
(b) approve the Statute of the State Organisation of the Railway Administration, the organisational structure of the State Organisation of the Railway Administration and the Rules of Procedure of the Management Board;
(c) discuss the annual report, the annual financial plan, the half-yearly results of the management, the annual accounts of the Railway Administration,
(d) oversees the performance of the Director General and the pursuit of the activities of the Railway Administration State Organisation and whether the activities of the Railway Administration State Organisation are carried out in accordance with the legislation;
(e) be entitled to consult all documents and records relating to the activities of the Railway Administration State Organisation and to check that the accounting records are kept properly in accordance with the facts;
(f) be obliged to draw the Director-General's attention to the deficiencies identified; in so doing, may propose measures to remedy it,
(g) gives prior consent to the conclusion of lease contracts for land with which the Railway Administration operates and to the conclusion of credit agreements, if the loan granted exceeds the amount fixed by the Board of Directors.
Director-General
(1) The Director-General is the statutory body of the Railway Administration, which manages and acts on its behalf.
(2) The Director-General shall decide on all matters of the Railway Administration State Organisation, provided that they are not under the jurisdiction of the Management Board or the Ministry by this Act.
(3) The Director-General is obliged, upon request, to provide the Management Board with all information and documents relating to the activities of the Railway Administration State Organisation.
(1) The Director-General shall be appointed and removed by the Management Board.
(2) The Director-General may not be a member of the Management Board but may attend meetings of the Management Board with an advisory vote.
Relationship of the Ministry to the ČD Joint Stock Company and to the Railway Administration State Organisation
The Ministry sets the prices of fares and the conditions for their application (tariffs) for the carriage of employees of the ČD public limited company, employees of the Railway Administration, employees of the Ministry and the Railway Office, involved in the provision, operation of railway transport, pensioners who worked in the field of railway transport and their family members.
COMMON AND TRANSITIONAL PROVISIONS
Transfer of rights and obligations from employment relations
Contents
ČÁST PRVNÍ
HLAVA I
Díl 1
§ 1
§ 2
Díl 2
§ 3
§ 4
§ 5
§ 6
Díl 3
§ 7
Díl 4
§ 8
§ 9
§ 10
§ 11
Díl 5
§ 12
§ 13
§ 14
§ 15
§ 16
Díl 6
§ 17
§ 18
HLAVA II
Díl 1
§ 19
§ 20
Díl 2
§ 21
§ 22
§ 24
§ 24a
§ 24b
§ 25
Díl 3
§ 27
§ 28
§ 29
§ 30
§ 31
§ 32
§ 33
HLAVA III
§ 34
§ 35
§ 36
§ 37
§ 38
§ 38a
HLAVA IV
§ 39
ČÁST DRUHÁ
§ 40
㤠51a
㤠53a
§ 53b
ČÁST TŘETÍ
§ 41
ČÁST ČTVRTÁ
§ 42
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Regulation Information
| Citation | Act No. 77 / 2002 Coll., on public limited company České dráhy, state organization Railway Administration and amending Act No. 266 / 1994 Coll., on Railways, as amended, and Act No. 77 / 1997 Coll., on State Enterprise, as amended |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 01.03.2002 |
|---|---|
| Effective from | 01.03.2002 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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