Act No. 94 / 2021 Coll.
Act on emergency measures in the outbreak of disease COVID-19 and on the amendment of certain related laws
Valid
Law
Effective from 27.02.2021
94
THE LAW
of 26 February 2021
on emergency measures in the outbreak of COVID-19 disease and amending certain related laws
Parliament has decided on this law of the Czech Republic:
INDIVIDUAL MEASURES IN THE EPIDEMIA
Compensation
(1) The State is obliged to compensate for damage caused to legal and natural persons (hereinafter referred to as "injured") during a pandemic emergency in the causal link with
(a) exceptional measures pursuant to Article 2 (2); or
(b) exceptional measures under the Act on the Protection of Public Health, the purpose of which is to manage the disease COVID-19.
(2) According to paragraph 1, actual damage shall be recovered. Costs incurred in connection with the acquisition or use of protective, washing, cleaning or disinfection products shall not be considered damage. The state does not pay for the damage if it proves that the victim himself caused it.
(3) The claim for compensation referred to in paragraph 1 may be exercised by the injured party with the Ministry of Finance within a period of 12 months of the date on which he became aware of the damage within 3 years of the occurrence of the damage, otherwise the right to compensation shall cease. The application shall indicate the identity of the injured party, the grounds for the claim and the amount thereof and the evidence showing the existence of the claim, the causal link, the amount of the claim, including the facts referred to in paragraph 4, and the beginning of the period in which the right ceases to exist.
(4) Damage is paid to the extent that the injured party proves that it could not be prevented or prevented. The amount of compensation shall be further reduced by the amount of subsidies and other aid granted to mitigate the effects of the COVID-19 epidemic or the effects of the exceptional measures referred to in paragraph 1.
(5) The application of a claim for damages under this law is a condition for any claim for damages before a court. It is only possible to claim compensation in court if, within 6 months of the date of application, his claim has not been fully satisfied.
(6) In order to assess the claim for damages, if it is necessary to take into account the circumstances to which another public authority has access in the course of its activities, that public authority shall provide the Ministry of Finance or, where appropriate, the court with the necessary synergies.
Transfers
(1) The transfer shall be committed by a legal or acting natural person if he or she fails to comply with an emergency measure under § 2 (2) or § 69 (1) (b) or (i) of the Act on Public Health Protection, the purpose of which is to eradicate or re-establish an outbreak of COVID-19.
(2) A fine may be imposed for the offence referred to in paragraph 1 until:
(a) 600 000 CZK, if there is a failure to comply with an emergency measure pursuant to § 2 (2) (a), (b), (e), (i) if the emergency measure referred to in § 2 (2) (i) has occurred in the provision of health or social services, or k), m) or r),
(b) 200 000 CZK if there is a failure to comply with an emergency measure under Paragraph 2 (2) (d);
(c) 100 000 CZK if there is a failure to comply with an emergency measure pursuant to § 2 (2) (c), (f), (g), (o), (p), (q), (s) or (t),
(d) 20 000 CZK in cases other than those referred to in (a) where the emergency measure referred to in Article 2 (2) (i) is not complied with; or
(e) 10 000 CZK if there is a failure to comply with an emergency measure pursuant to § 2 (2) (h) or (j);
(f) up to CZK 600,000, if there is a failure to comply with an emergency measure pursuant to § 69 (1) (b) or (i) of the Act on Public Health Protection, the purpose of which is to eradicate or re-establish an epidemic of COVID-19.
(3) In determining the amount of the fine for the offence referred to in paragraph 1, which consists of non-compliance with an emergency measure under Article 69 (1) (b) or (i) of the Public Health Protection Act, account shall also be taken of the upper limit of the fine which may be imposed for a similarly serious offence involving non-compliance with an emergency measure under Article 2 (2).
(4) If the offence referred to in paragraph 2 (a) has been committed repeatedly following the acquisition of legal power of the same offence, the fine shall be imposed up to CZK 800,000.
(5) Where the offence referred to in paragraph 2 is committed by acts of an employee of a legal or commercial natural person following an order from that legal or commercial natural person, even if the employee initially refused to act under the order of that legal or commercial natural person, the maximum amount of the fine referred to in paragraph 2 may be increased by a quarter.
(1) A natural person commits an offence by failing to comply with an emergency measure pursuant to § 2 (2) or § 69 (1) (b) or (i) of the Public Health Protection Act, the purpose of which is to eradicate or re-establish an outbreak of COVID-19.
(2) A fine may be imposed for the offence referred to in paragraph 1 until:
(a) 200 000 CZK if there is a failure to comply with an emergency measure pursuant to § 2 (2) (a), (b), (e), (i) if the emergency measure referred to in § 2 (2) (i) has occurred in the provision of health or social services, or k), r) or u);
(b) 100 000 CZK if there is a failure to comply with the exceptional measure provided for in Article 2 (2) (d);
(c) 20 000 CZK if there is a failure to comply with an emergency measure pursuant to § 2 (2) (c), (f) or (g), (o), (p), (q), (s) or (v),
(d) 10 000 CZK if there is a failure to comply with an emergency measure under § 2 (2) (h), (j), (l) or (m), or (n); or
(e) CZK 6,000 for non-compliance with the emergency measure referred to in Article 2 (2) (i) in cases other than those referred to in (a);
(f) up to CZK 200,000, if there is a failure to comply with an emergency measure pursuant to § 69 (1) (b) or (i) of the Act on Public Health Protection, the purpose of which is to eradicate the outbreak of COVID-19 or the risk of its re-emergence.
(3) In determining the amount of the fine for the offence referred to in paragraph 1, which consists of non-compliance with an emergency measure under Article 69 (1) (b) or (i) of the Public Health Protection Act, account shall also be taken of the upper limit of the fine which may be imposed for a similarly serious offence involving non-compliance with an emergency measure under Article 2 (2).
(4) If the offence referred to in paragraph 2 (a) has been committed repeatedly after the same offence has become final, the fine shall be imposed up to CZK 400,000.
(5) A natural person shall be acquitted of liability for committing an offence if he has committed it on the basis of his employer's instructions.
Common provisions on infringements
(1) An offence under this law is dealt with by the county health service.
(2) The authority of the Police of the Czech Republic or the officer of the municipal police may also be consulted by an on-the-spot order.
(3) The applicable infringement decisions pursuant to Articles 10 (2) (a) and 11 (2) (a) are entered in the criminal record kept by the Register of Penalties.
(4) The offence referred to in Articles 10 (2) (a) and 11 (2) (a) is committed repeatedly if a decision on the same offence as the accused was found guilty has not been taken for 12 months since the entry into force of the law.
Judicial review of emergency measures
(1) The competent Supreme Administrative Court shall be responsible for examining an application under the Administrative Code for the abrogation of an emergency measure pursuant to Article 2 (2) or an emergency measure pursuant to Article 69 (1) (b) or (i) of the Public Health Protection Act in a state of pandemic emergency, the purpose of which is to eradicate or threaten to re-establish an epidemic of COVID-19, if an emergency measure has been issued by the Ministry. In other cases, the regional court shall be responsible for hearing the application.
(2) The application may be lodged within 1 month of the date on which the application for an exceptional measure has become effective.
(3) If the application is manifestly unfounded, the court shall reject it without the parties present.
(4) If exceptional measures remain in force during the procedure for its annulment, this shall not prevent further procedure, even without amendment of the proposal. If the court concludes that an exceptional measure or parts thereof were contrary to the law, or that the person who issued it exceeded the limits of its competence and competence, or that an exceptional measure has not been granted in a legal manner, it shall state that conclusion in the judgment.
(5) The proposal shall be considered as a priority; This does not apply if the exceptional measure was put into effect in the course of the annulment procedure and the obligation in the emergency measure was not replaced at the same time by a similar obligation in another exceptional measure.
(6) Paragraph 34 of the Administrative Rules does not apply in the emergency review proceedings.
(7) Where the court decides on a case whose decision depends on an assessment of the legality of an emergency measure and where an application for revocation of an emergency measure is pending, the court shall await the decision on the application for revocation of the emergency measure and suspend the original proceedings until then.
Use of criminal rules during pandemic alert
Where a criminal offence is committed at a time of pandemic alert which is a condition in which life or human health is at risk and the rules of criminal law link the use of a higher criminal rate or consider it to be an aggravating circumstance, the court shall only take into account that circumstance when assessing a criminal offence if the criminal offence is damaged or threatened by the interest of the company in managing the COVID-19 epidemic.
Amendment to Act No. 84 / 1990 Coll., on the right of assembly
In Article 7 of Act No. 84 / 1990 Coll., on the right of assembly, as amended by Act No. 259 / 2002 Coll. and Act No. 252 / 2019 Coll., at the end of the text of paragraph 4, the words "if the Office or Police of the Czech Republic issues such an instruction if the peaceful conduct of the assembly is disturbed or threatened 'are added.
Amendment to Act No. 97 / 1993 Coll., on the Jurisdiction of the Administration of State Material Reserves, as amended
In Act No. 97 / 1993 Coll., on the Jurisdiction of the Administration of State Material Reserves, as amended by Act No. 272 / 1996 Coll., Act No. 189 / 1999 Coll., Act No. 256 / 2000 Coll., Act No. 241 / 2000 Coll., Act No. 419 / 2004 Coll., Act No. 174 / 2007 Coll., Act No. 151 / 2010 Coll., Act No. 250 / 2014 Coll., Act No. 51 / 2016 Coll., Act No. 183 / 2017 Coll., Act No. 302 / 2017 Coll., and Act No. 544 / 2020 Coll., Act No. 4e, including footnotes No 9 and 10, is added as follows:
The administration may, when ordering emergency measures in the event of an epidemic or the risk of its occurrence, provide for:
(a) the public health authority (9); or
(b) the organisational component of the State which is the provider of health services 10)
to the extent necessary of the State tangible reserve in the form of its free use. The administration can only do so at the request of the Ministry of Health. Following the completion of emergency measures in the event of an epidemic or the risk of its occurrence, the unused State material reserves of the Commission must be returned. The consumed State tangible reserves must be replaced by a central administration within the scope of which the entities referred to in the first sentence fall. The provisions of § 14 (7), § 19 (1), § 19b and 19c of the Act on the Property of the Czech Republic and its representation in legal relations (1b) shall not apply.
9) § 78 of Act No. 258 / 2000 Coll., on the Protection of Public Health and on the amendment of certain related laws.
10) Act No. 372 / 2011 Coll., on health services and the conditions for providing them, as amended. '
Amendment to Act No. 121 / 2000 Coll., on Copyright Law, on Rights Related to Copyright Law and on the Amendment of Certain Laws (Copyright Act)
In Section 97e of Act No. 121 / 2000 Coll., on copyright law, on copyright law and on the amendment of certain laws (Copyright Act), as amended by Act No. 102 / 2017 Coll., the dot is replaced by a comma at the end of paragraph 4 and the following point (l) is added:
"(l) making the published work available on request in accordance with Article 18 (2), including making the copy necessary for such disclosure, by the library under the library law during a period where the library is closed for more than 2 months, to the users of the library, solely for the purposes of education or research; This provision shall not apply to computer programmes, works or works of art recorded on audio or audio image recordings, notes issued on musical or musical dramatic works and works the making available by this library is subject to other licensing agreements. ';
Amendment of Act No. 258 / 2000 Coll., on the Protection of Public Health and on the amendment of certain related laws, as amended
Act No. 20 / 20, No. 13 / 2002 Coll.
1. In Section 62a, the current text becomes paragraph 1 and paragraphs 2 to 5 are added, including footnotes 105 and 106:
"(2) The Ministry of Health is entitled to set up a mobile application service for the purpose of epidemiological investigations and to process personal data on the spatial proximity of users, identified by the interaction of their devices, and related information. The installation and use of the application by its users is voluntary. In addition, the Ministry of Health is authorised to manage and, to the extent specified in Commission Implementing Decision (EU) 2019 / 1765, transmit data according to the first sentence for epidemiological investigations (105).
(3) The Regional Health Station or the Ministry of Health may conclude a public contract with a natural or legal person who proves to have a personal data processing system set up in accordance with Regulation (EU) 2016 / 679106 of the European Parliament and of the Council and the Law on the processing of personal data, with a view to transferring the performance of the activities carried out in the framework of an epidemiological investigation, which consists in the detection of information relevant to the epidemiological investigation.
(4) The public contract referred to in paragraph 3 shall include a list of the activities to be carried over and the conditions for their execution, in particular:
(a) an adjustment to the cost of carrying out the delegated activities;
(b) arrangements for the protection and processing of personal data;
(c) determining the period for which the public contract is concluded;
(d) laying down the conditions and reasons for the termination of a public contract.
(5) Paragraph 89 shall apply mutatis mutandis to a natural person carrying out activities under a public contract pursuant to paragraph 3.
(105) Article 7a of Commission Implementing Decision (EU) 2019 / 1765 of 22 October 2019 laying down rules for the establishment, management and operation of the network of national authorities responsible for electronic health and repealing Implementing Decision 2011 / 890 / EU, as amended by Commission Implementing Decision (EU) 2020 / 1023 of 15 July 2020 amending Implementing Decision (EU) 2019 / 1765 as regards the cross-border exchange of data between national mobile applications for contact tracing and warning to combat the COVID-19 pandemic.
(106) Regulation (EU) 2016 / 679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data and repealing Directive 95 / 46 / EC (General Data Protection Regulation), as amended. ';
2. In Paragraph 92n, the following paragraph 4 is added:
"(4) If the offence referred to in paragraph 1 (b) has been committed repeatedly following the acquisition of legal power of the same offence, the fine shall be imposed up to CZK 4 000 000."
3. In Paragraph 93, paragraphs 3 and 4 are added:
"(3) The competent decision on an infringement under Paragraph 92n (1) (b) shall be entered in the criminal record kept by the Register of Penalties.
(4) The offence referred to in Article 92n (1) (b) shall be committed repeatedly if a decision on the same offence as the defendant was found guilty has not elapsed for 12 months since the date of the acquisition of legal power. '
Amendment to Act No. 561 / 2004 Coll., on Pre-school, Basic, Medium, Higher Vocational and Other Education (Education Act), as amended
The following paragraphs 3 and 4 are added:
"(3) In the course of the year, the Ministry may, with the approval of the Government, provide for additional State Budget funds for expenditure relating to the activities of schools and educational establishments necessary to fulfil the government emergency measure declared under the Emergency Act or the Emergency Action of the Ministry of Health under the Special Act, for individual legal persons carrying out the activities of the School or School Facility. The Ministry sets out and publishes in the Bulletin
(a) the conditions and criteria for providing such additional funding; and
(b) the purpose for which a legal person may use such additional funds and, where appropriate, any other conditions which a legal person must fulfil in connection with the use of such additional funds.
(4) Other funds referred to in paragraph 3 shall be provided by the Ministry in accordance with the procedure referred to in paragraph 1 and the Regional Office shall be obliged to provide them to legal persons. '.
Amendment to Act No. 161 / 2020 Coll., on certain adjustments in the field of employment in connection with exceptional measures in the context of the epidemic and amending Act No. 435 / 2004 Coll., on Employment, as amended
In Article 1 (1) of Act No. 161 / 2020 Coll., on certain adjustments in the field of employment in relation to exceptional measures in the field of the epidemic and amending Act No. 435 / 2004 Coll., on employment, as amended, as amended, as amended, as amended by Act No. 586 / 2020 Coll., the words "and under Article 2 of Act No. 94 / 2021 Coll., on emergency measures in the epidemic of the disease COVID-19 and on the amendment of certain related acts, 'shall be inserted after the words" and under Article 2 of Act No. 94 / 2021 Coll.';
Amendment of Act No. 191 / 2020 Coll., on certain measures to mitigate the effects of the Coronavirus SARS CoV-2 epidemic on persons involved in legal proceedings, damaged, victims of crimes and legal persons and on the amendment of the Insolvency Act and the Civil Code
In Article 1 (2) (b) of Act No. 191 / 2020 Coll., on certain measures to mitigate the effects of the Coronavirus SARS CoV-2 epidemic on persons involved in the trial, the injured, victims of crimes and legal persons and on the amendment of the Insolvency Act and the Civil Code, the words "and under Article 2 of Act No. 94 / 2021 Coll., on emergency measures for the disease of COVID-19 and on the amendment of certain related laws," shall be inserted after the words "on the protection of public health.
EFFECTIVE
(1) This Act shall take effect on the day following its publication.
(2) Paragraphs 1 to 8a shall expire on 30 November 2022.
Vondracek v. r.
Zeman v. r.
Babiš v. r.
1) Paragraph 14 (1) (c) of Act No. 219 / 1999 Coll., on the Armed Forces of the Czech Republic, as amended.
2) § 24a of Act No. 240 / 2000 Coll., on Crisis Management and on the amendment of certain laws (Crisis Act), as amended.
3) § 24b of Act No. 240 / 2000 Coll.
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Regulation Information
| Citation | Act No. 94 / 2021 Coll., on Exceptional Measures in the Epidemic of COVID-19 and on the Amendment of Certain Related Acts |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 26.02.2021 |
|---|---|
| Effective from | 27.02.2021 |
| Effective until | - |
| Status | Valid |
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