Act No. 82 / 2005 Coll.
Act amending Act No. 483 / 1991 Coll., on Czech Television, as amended, and Act No. 231 / 2001 Coll., on the operation of radio and television broadcasting and on the amendment of other laws, as amended
Valid
Effective from 01.04.2005
82
THE LAW
of 21 January 2005
amending Act No. 483 / 1991 Coll., on Czech Television, as amended, and Act No. 231 / 2001 Coll., on the operation of radio and television broadcasting and amending other laws, as amended
Parliament has decided on this law of the Czech Republic:
Amendment of the Czech Television Act
Act No. 483 / 1991 Coll., on Czech Television, as amended by Act No. 36 / 1993 Coll., Act No. 253 / 1994 Coll., Act No. 301 / 1995 Coll., Act No. 39 / 2001 Coll. and Act No. 231 / 2001 Coll., are amended as follows:
1. in Paragraph 3 (1) (a), the words "using part of the frequency spectrum to cover the territory of the Czech Republic" shall be deleted and the word "terrestrial" shall be replaced by "terrestrial."
2. in the first sentence of Paragraph 3 (1) (c), the words "Czech Television (hereinafter referred to as" TV Studies ")" shall be inserted after the word "Studies"; at the end of the sentence of the second sentence, the dot is replaced by the comma and the third sentence and the fourth sentence shall be deleted;
3. In Article 3 (3), the words "for the purposes of this Act 'shall be inserted after the words" the programme' and "70 'shall be replaced by" 95'.
4. In Article 5 (1), the words "the Czech Republic 'are deleted.
5. Paragraph 5 (2) and (3), including footnotes 2a and 3, read:
"(2) A member of the Council may neither serve in political parties, political movements or civil associations nor, in the performance of his or her duties in the Council, act on their behalf for their benefit or for the benefit of other group interests; Furthermore, they shall not participate in mass media business, nor shall they represent commercial interests which may conflict with the performance of their duties or threaten confidence in the independence or impartiality of their decisions in the Council. A member of the Council may not perform any other function or activity on Czech television, nor shall he have any income from Czech television other than that provided for in connection with the performance of his duties under this Act or income from the use of the subject of protection under the Copyright Act (2a).
(3) The term of office of a member of the Council shall not be met by a person who is close to 3) who holds a paid office or has a gainful activity on Czech television or has income from Czech television other than income from the use of subject-matter under copyright law, or who is involved in a mass media business or represents business interests which could jeopardise the confidence in the independence or impartiality of a member of the Council's decision-making in the Council.
2a) Act No. 121 / 2000 Coll., on copyright law, on copyright law and on the amendment of certain laws (copyright law).
3) § 116 of the Civil Code. '
6. in Article 6 (2) (c):
"(c) does not participate in Council meetings for more than 3 months."
7. In Paragraph 7 (1), the words "beginning of the term of office 'are replaced by the words" first meeting'.
8. Paragraph 7 (2) reads as follows:
"(2) The Council shall be competent to act in the presence of an absolute majority of all its members, if the President of the Council or one of the Vice-Presidents of the Council is present. The decision shall be taken by the Council by an absolute majority of the members present, with the exception of the decision referred to in Article 8 (1) (b), (e), (f), (g), (j), (k) and (l), which shall be adopted by an absolute majority of all its members, and by a decision on the appointment or removal of the Director-General of Czech Television (hereinafter referred to as the Director-General), for which at least 10 votes of the members of the Council are required. ';
9. In the first sentence of Article 7 (4), the words "the facts of which are not covered by specific legislation 'shall be deleted; at the end of the paragraph, the dot shall be replaced by a comma and the words" except for those parts of those documents which contain the facts protected under specific legislation' shall be added.
10. in Article 8 (1) (a), the words "Czech Television (hereinafter referred to as" television studios ")" shall be deleted;
11. in Article 8 (1) (b), including footnotes 4 and 5:
"(b) approve the budget of Czech Television, an overview of the claims and commitments and accounts of Czech Television according to the special legislation4), certified by the auditor according to the special legislature5); until the budget is approved, Czech Television will run according to its long-term economic development plan,
4) Act No. 563 / 1991 Coll., on Accounting, as amended.
5) Act No. 254 / 2000 Coll., on auditors and amending Act No. 165 / 1998 Coll., as amended. '
12. in Article 8 (1), the following points (c) and (d) are inserted after point (b), including footnote 6:
"(c) to check the efficient and economical use of the financial resources and assets of the Czech Television according to the approved budget and to draw the Director-General's attention in writing to the deficiencies identified;
(d) monitor compliance with the requirements of the European Communities' right to transparency of financial relations in České televisi6),
6) Commission Directive 80 / 723 / EEC of 25 June 1980 on the transparency of financial relations between Member States and public undertakings and on financial transparency within undertakings, as amended by Commission Directive 93 / 84 / EEC and Commission Directive 2000 / 52 / EC. "
Points (c) to (j) shall be renumbered as points (e) to (l).
13. in Article 8 (1) (g), "(§ 9 (8))" is replaced by "(§ 9 (9)" and "§ 9 (7)" is replaced by "§ 9 (8)."
14. in Article 8 (1) (k), the words "approve its rules of control (§ 8a (7)" and the words "§ 8a (7)" shall be replaced by "§ 8b (4)."
15. in Paragraph 8 (2):
"(2) The Council also presents to the Chamber of Deputies the Annual Activity Report of Czech Television by 31 March immediately following the calendar year and the Annual Report of Czech Television Management by 31 August immediately following the calendar year. The Annual Report on the Management of Czech Television must contain, in a separate section, information on compliance with the requirements of European Community6). The two annual reports shall be published by the President of the Council no later than 3 days after the date of their submission to the Chamber of Deputies in a manner enabling remote access. '.
16. in Article 8 (4), "production" is replaced by "production."
17. In § 8a (1), the second sentence is replaced by the sentence "Its task is to monitor whether the financial resources and assets of Czech Television are effectively and economically used in accordance with the approved budget of Czech Television in accordance with the legislation and requirements of European Community6)."
18. In Paragraph 8a (2), the words "from citizens of the Czech Republic with professional qualifications for the function of a member of the Supervisory Committee 'shall be added at the end of the sentence of the first sentence and the second sentence, including footnote 2, shall be deleted.
19. In the first sentence of Paragraph 8a (3), "2 'is replaced by" 4'.
20. In Paragraph 8a (6), "capable 'is replaced by" eligible'.
21. In Paragraph 8a, paragraph 7 is deleted.
Paragraphs 8 to 10 shall be renumbered paragraphs 7 to 9.
22. In Article 8a (7), the first sentence is replaced by the following: "Members of the Supervisory Committee may, with the knowledge of the Director-General, consult all accounting documents, accounting records (7) and other documents of the Czech Television, which have the testifying capacity of the facts to be ascertained and the related facts, and require oral or written information from the relevant staff of the Czech Television. '; in the second sentence, the words" related to accounting or' shall be replaced by the words "or the explanations requested 'and the words" Conditions and method of carrying out the checks shall be added to the words "the Supervisory Board approved by the Council'.
footnote 7:
"7) § 4 of Act No. 563 / 1991 Coll., as amended."
23. In Paragraph 8a (8), the first word "checks' is replaced by" functions' and in the second sentence, the word "performance 'is inserted after the word" termination'.
24. The following Section 8b is inserted after Section 8a, including the title and footnotes 8 and 9:
Remuneration and other formalities connected with the performance of the duties of a member of the Council and the duties of a member of the Supervisory Committee
(1) A member of the Council is entitled to a monthly remuneration of between 1 January and 31 December of the relevant calendar year as the product of the average gross monthly wage of the Czech Television staff achieved for the preceding calendar year ("the average monthly salary") and the coefficient established in accordance with the responsibility and complexity of the duties performed by the member of the Council ("the remuneration coefficient"). The reward is rounded up to CZK 100.
(2) The average monthly salary is published by Czech Television by 31 January of the relevant calendar year in a way that allows remote access.
(3) The remuneration coefficient referred to in paragraph 1 shall be fixed:
(a) a member of the Council of 0,80;
(b) a Vice-President of the Council of 1,03;
(c) to the President of the Council of 1,27.
(4) The remuneration of the members of the Supervisory Committee shall be fixed by the Council.
(5) A member of the Council and a member of the Supervisory Board are responsible for the reimbursement of travel expenses relating to the performance of their duties to the same extent as staff members under special legislation8). Travel from the place of residence to the Council meetings, meetings of the Council and travel from the Council to the place of residence shall be regarded as business travel for the purpose of providing travel expenses.
(6) The exercise of the duties of a member of the Council and the exercise of the duties of a member of the Supervisory Commission constitute an obstacle to work for reasons of general interest under the special legislature9). The employer shall provide the member of the Council and the member of the Supervisory Committee with leave without compensation of the salary.
(7) The remuneration and other formalities relating to the duties of a member of the Council and the duties of a member of the Supervisory Committee are provided by the members of the Council and the members of the Supervisory Committee of Czech Television. Rewards and other formalities according to the first sentence are due on the day of the regular period of pay of employees of Czech TV.
8) Act No. 119 / 1992 Coll., on Travel Refunds, as amended.
9) § 124 (1) of Act No. 65 / 1965 Coll., Labour Code, as amended by Act No. 74 / 1994 Coll. '
25. in Article 9, the following paragraph 6 is inserted after paragraph 5:
"(6) The duties of Director-General shall cease to apply.
(a) the expiry of the term of office;
(b) on the day immediately following the date of service of the resignation of the Director-General to the Council in writing;
(c) on the day immediately following the date on which the Council's decision to withdraw from office was served on the Director-General;
(d) the date on which the judgment deprives the Director-General of his / her legal capacity or limits his / her legal capacity;
(e) the date on which the judgment in which the Director-General was sentenced for an offence committed intentionally or for an offence committed in connection with the operation of television broadcasting,
(f) death. ';
Paragraphs 6 to 12 shall be renumbered paragraphs 7 to 13.
26. Paragraph 9 (7), including footnote 10, reads:
"(7) The Council may remove the Director-General from office,
(a) if Czech Television does not fulfil the public service tasks in the field of television broadcasting under this Act (Sections 2 and 3) or the obligations arising from special legislation10), or if it does not fulfil the principles of the Czech Television Code, if the Director-General has been notified in writing by the Council over the last 12 months;
(b) if the Director-General infringes his obligations under the Act or the Statute of the Czech Television, if the Director-General has been notified in writing of a breach of his duties by the Council during the last 12 months,
(c) if the Director-General no longer fulfils the conditions for the performance of his duties (Paragraph 5 (1) and (2)); or
(d) where the Director-General does not perform his duties for a period of 6 months.
10) For example, Act No 231 / 2001 Coll., on the operation of radio and television broadcasting and amending other acts, as amended, Act No. 40 / 1995 Coll., on the regulation of advertising and amending and supplementing Act No. 468 / 1991 Coll., on the operation of radio and television broadcasting, as amended, as amended. '
27. in Article 9 (8), the words' the conclusion of a contract 'shall be inserted after the words' the lease of real estate '; the words' the property of the Czech Television 'shall be replaced by' the transfer agreement '; the words' the property of the Czech Television 'shall be inserted after the words' the property of the Czech Television ';
28. in Paragraph 9 (9):
"(9) Television studios, with the exception of the Television Studio Brno and the Television Studio Ostrava, may be set up and cancelled by the Director-General with the prior approval of the Council."
29. in Paragraph 9 (11), the number "9" is replaced by "10" and after the words "§ 4 (3) (c)" the words "and § 5 (1) and (2)" are inserted.
30. In Paragraph 9 (12), the first sentence is replaced by the sentence "If the performance of the duties of Director-General as referred to in paragraph 6 occurs, until the appointment of the new Director-General shall be managed by the Czech Television Head of Staff designated by the Czech Television Statute (hereinafter" Deputy Director-General '). "
31. in Article 9 (13), the word "provisional" shall be replaced by "representative of the General," the words "until the appointment of the new Director-General" shall be replaced by "11."
32. in Article 11 (1), the words "(§ 2 of this Act)" shall be replaced by "(§ 2 and 3)."
33. The following Section 11a is inserted after Section 11, including the title and footnote 11:
Separate accounting
(1) Czech television keeps accounts according to special legislation4).
(2) Czech television is obliged to organise the separation of public service broadcasting activities (Sections 2 and 3) from business activities (Section 11 (1)). For each of these activities, Czech Television is required to charge such that accounting allows a distinction between costs and revenues related to the provision of the public service in the field of television broadcasting and the costs and revenues related to business activities. The methods of differentiating costs and revenues and their allocation to activities under Sections 2 and 3 or under Section 11 (1) shall be laid down by the Czech Television Act (hereinafter referred to as the Accounting Standards of Czech Television), which shall comply with the requirements of the law of the European Communities (6).
(3) Czech Television is required to retain the data on the fulfilment of obligations under paragraph 2 for a period specified by the law of the European Communities (6) and to transmit these data to the Office for the Protection of Competition (11), together with the Accounting Standards of the Czech Television and other supporting documents necessary to assess the fulfilment of obligations under paragraph 2.
11) § 2 (c) of Act No. 273 / 1996 Coll., on the jurisdiction of the Competition Authority. '
34. in Article 12 (1), the comma is deleted after the word "Ostrava," the word "where appropriate" is replaced by "a," and the words "§ 9 (8)" are replaced by "§ 9 (9)."
35. in Paragraph 12 (2), the words "disposal and" shall be replaced by the words "the conclusion of transfer contracts, where appropriate," and the words "real estate" shall be inserted after the words "or parts thereof owned by Czech Television."
36. In Article 12 (3), the second sentence is added: "The time range of regional broadcasting of news and publicity programmes referred to in Article 3 (1) (c) shall be at least 25 minutes per day for TV studio Brno and TV studio Ostrava; for television studies set up by the Director-General pursuant to Paragraph 9 (9), the duration of such broadcasting may be shorter. ';
Transitional provisions
(1) For the purposes of determining the remuneration of members of the Czech Television Council, the amount of 21 326 CZK is considered to be the average monthly wage of employees under Section 8b (1) of Act No. 483 / 1991 Coll., as amended by this Act.
(2) Czech Television is obliged to adapt its Statute to Act No. 483 / 1991 Coll., as amended by this Act, no later than 3 months after the date of entry into force of this Act.
Entitlement to declare the full text of the law
The Prime Minister is hereby authorised to publish in the Collection of Laws the full text of Act No. 483 / 1991 Coll., on Czech Television, as is apparent from later Laws.
Amendment of the Broadcasting Act
In Article 2 (1), at the end of the text, point (c) of Act No 231 / 2001 Coll., on the operation of radio and television broadcasting and on the amendment of other laws, the words "unless otherwise provided for in the specific legislation (1a) 'shall be added.
footnote 1a is replaced by the following:
"(1a) § 3 (3) of Act No. 483 / 1991 Coll., as amended."
EFFECTIVE
That law shall take effect on the first day of the second calendar month following its publication.
Zaoralek v. r.
Klaus v. r.
Gross v. r.
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Regulation Information
| Citation | Act No. 82 / 2005 Coll., amending Act No. 483 / 1991 Coll., on Czech Television, as amended, and Act No. 231 / 2001 Coll., on the operation of radio and television broadcasting and on the amendment of other laws, as amended |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 23.02.2005 |
|---|---|
| Effective from | 01.04.2005 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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