Act No. 97 / 1993 Coll.
Law on the scope of the Administration of State tangible reserves
Valid
Effective from 15.03.1993
97
THE LAW
of 25 February 1993
on the scope of the Administration of State tangible reserves
Parliament has decided on this law of the Czech Republic:
(1) The management of the State tangible reserves (hereinafter referred to as the "Administration") is a central authority of the State in the areas of economic measures for crisis situations and of the State tangible reserves.
(2) Prague is the headquarters of the Administration.
(3) The Board shall be chaired by a President appointed and dismissed by the Government; its selection, appointment and appeal are governed by the Civil Service Act.
(1) The management consists of:
(a) headquarters located in Prague,
(b) special purpose organisational units.
(2) The principles of action and organisation of the Administration shall be laid down in the Statute. Statute approved by the government.
The management ensures the financing of economic measures for crisis staves1) and financing, replacement, replacement, replacement, loan, release, lease, sale, storage, protection and control of state tangible reserves and according to the requirements of the crisis plans and their procurement. The management shall manage and unify the procedures of the regional authorities and coordinate with the Ministry of the Interior the procedures of the central administration in preparing economic measures for crisis situations. The management shall carry out other tasks laid down in a specific legislation. (1a) These activities are carried out in cooperation with other central government bodies.
(1) At the initiative of the Ministry of Interior, the Administration will take over the movable property, which is donated to the Czech Republic in the context of foreign humanitarian aid at times of crisis. From the date on which it is taken over, the Administration shall be responsible for this property and shall include it, according to its purpose, in the relevant category of material reserves.
(2) During the crisis period, the Administration shall proceed with the management of the property referred to in paragraph 1 in accordance with the requirements of the Ministry of Interior.
(1) In terms of purpose, the State tangible reserves are divided into tangible reserves, mobilising reserves, emergency stocks and stocks for humanitarian aid.
(2) The material reserves consist of selected basic raw materials, materials, semi-finished products and products. They are intended to ensure the defence and defence of the State, to eliminate the consequences of crisis situations and to protect the vital economic interests of the State.
(3) Mobilisation reserves consist of selected basic raw materials, materials, semi-finished products, machinery and other property items intended for the provision of mobilising supplies. 2)
(4) Contingency stocks consist of selected basic materials and products intended to ensure the necessary supplies (2a) for the support of the population, emergency services and fire brigades after the declaration of emergency conditions, 2b) for the emergency management system (2c) which cannot be ensured in the usual way and for material humanitarian aid provided to foreign countries (2d).
(5) The stocks for humanitarian aid consist of selected basic materials and products intended after the declaration of crisis situations for the free supply of the person seriously affected.
(6) The creation of material State reserves is part of crisis plans.
The management may, in the context of emergency resolution (4), provide for the essential components of the integrated rescue system( 4) in the performance of rescue and liquidation work (4) or in the performance of the population protection tasks (4) to the extent necessary of the State tangible reserve by means of its free use. The administration can only do so at the request of the Ministry of the Interior, the Regional Authority or the Fire Department of the Region. Upon completion of the rescue and liquidation work or the performance of the tasks of the protection of the population, the unused State tangible reserves of the Board must be returned. The state reserves used must be replaced by the integrated rescue system component provided. The provisions of § 14 (7), § 19 (1), § 19b, 19c, 21 to 23 and 27 of the Act on the Assets of the Czech Republic and its Presence in Legal Relations (1b) shall not apply.
(1) The government, acting on a proposal from the President of the Administration, shall decide on the use of material State reserves after the end of the crisis to address the consequences of the crisis situation, to maintain the provision of basic services by critical infrastructure bodies and to support activities related to the recovery of the territory affected by the crisis.
(2) The administration shall, upon request of the central administrative authority responsible for the matter, provide free-of-charge material reserves for use or transmit them to the recipient for consumption or permanent use, which may be the administrative authority, the local authority, the basic components of the integrated rescue system, the critical infrastructure entity or the Czech Army, to remedy the consequences of the crisis situation and to support activities related to the recovery of the territory affected by the crisis situation.
(3) The agreement with the use of emergency stocks to address the consequences of the crisis situation and to support the recovery of the territory affected by the crisis situation shall be issued by the head of the Central Administrative Office under whose request the emergency stocks have been created, in agreement with the Chairman of the Administration. Contingency stocks can be provided free of charge to beneficiaries, which can be the administration, the local authority, the essential components of the integrated rescue system or the Czech Army. The emergency stocks provided shall be granted free of charge by the beneficiary to the natural or legal person or organisation of the State.
(4) The President of the Administration may decide, at the request of the President or the Mayor of the municipality with extended scope, to supply free of charge stocks for humanitarian aid for use or for transfer to consumption for the purpose of remedying the consequences of the crisis situation and supporting activities relating to the recovery of the territory affected by the crisis situation. Stocks for humanitarian aid may be made available to the skipper or mayor of the municipality with extended scope, who ensure their allocation to natural persons.
(5) The State tangible reserves provided, with the exception of those consumed, shall be returned to the beneficiary within 60 days of the cancellation of the crisis. After that period, the beneficiary shall be entitled to use the State tangible reserves provided only on the basis of a contract concluded with the Administration or, where appropriate, with the Administration, on the basis of the terms laid down by the Government. The draft contract or registration, if any, shall be drawn up by the Administration on the basis of a request submitted by the beneficiary. If the beneficiary does not submit the application within that period, the use of the State tangible reserves shall be an unauthorised use of the assets to which the Administration is to manage. In the case of non-recovery of the State tangible reserves provided, the legal provisions governing the management of the State's assets shall be followed.
(6) For the application and provision of State tangible reserves to address the consequences of the crisis situation and to support activities related to the restoration of the territory affected by the crisis situation (5), the provisions of § 14 (7), § 19 (1), § 19b, 19c, 21 to 23 and 27 of the Act on Assets of the Czech Republic and its presentation in legal relations (1b) are not applicable.
The administration may, in the context of the implementation of emergency veterinary measures (6), or in the context of the slaughter or killing of a greater number of livestock in the event of disease, exhaustion or injury (7), provide the State Veterinary Administration, to the extent necessary, with the necessary extent 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 Agriculture. Following the completion of activities under emergency veterinary measures (6) or slaughter or killing of more than one livestock in the event of illness, exhaustion or injury (7), the unused national material reserves of the Commission must be returned. The consumed State tangible reserves must be replaced by the State Veterinary Administration. 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.
The administration may, at the request of the Ministry of Agriculture or the Ministry of the Environment in connection with the declaration of water scarcity (8), provide emergency supplies for the needs of the administrative authority, the local authority or the fire department to the extent necessary by means of their free use. The provisions of § 14 (7), § 19 (1), § 19b, 19c and 27 of the Act on the Property of the Czech Republic and its presentation in legal relations (1b) shall not apply. The emergency stocks provided shall be returned by the beneficiary within 60 days of their delivery. After that period, the beneficiary shall be entitled to use the emergency stocks provided only on the basis of a contract concluded with the Administration or, where applicable, with the Board of Directors. The draft contract or registration, if any, shall be drawn up by the Administration on the basis of a request submitted by the beneficiary. If the beneficiary does not submit a request within that period, the use of contingency stocks shall be the unauthorised use of the property to which the Administration is to manage. In the event of non-recovery of the emergency stocks provided, the legislation governing the management of the State's assets shall be followed.
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) a state contribution organisation which is a provider of health care services (10);
to the extent necessary of the State tangible reserve in the form of its free use. The administration can do so only 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.
The management may provide for the essential components of the integrated rescue system in the performance of rescue and liquidation work or in the performance of the tasks of protecting the population to the extent necessary of the State tangible reserve in the form of free of charge, in the context of emergency management. The administration can do so only at the request of the Ministry of Industry and Trade. Upon completion of the rescue and liquidation work or the performance of the tasks of the protection of the population, the unused State tangible reserves of the Board must be returned. The state reserves used must be replaced by the integrated rescue system component provided. The provisions of § 14 (7), § 19 (1), § 19b, 19c, 21 to 23 and § 27 of the Act on the Property of the Czech Republic and its presentation in legal relations shall not apply.
The management may, in connection with the implementation of the restoration of electricity supply in the event of an emergency or in an emergency, provide critical infrastructure bodies with the necessary scale of the State tangible reserve in the form of free of charge. The administration can do so only at the request of the Ministry of Industry and Trade. Following the termination of the emergency or emergency prevention activities, the outstanding national material reserves of the Board must be returned. The state reserves consumed must be replaced by the critical infrastructure body to which they were provided.
The administration may, when ordering emergency measures in the event of an epidemic or the risk of an epidemic, provide the county with the necessary extent of the State tangible reserve in the form of free of charge. The management may only do so at the request of the relevant county and the decision of the head of the Central Administrative Office on the basis of which the State tangible reserves have been created. 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 the region to which they were provided. The provisions of § 14 (7), § 19 (1), § 19b, 19c, 21 to 23 and § 27 of the Act on the Property of the Czech Republic and its presentation in legal relations shall not apply.
The administration can provide the services of the Czech Police to the necessary extent of the State Material Reserve in the context of the performance of tasks to ensure internal order and security by means of their free use. The administration can do so only at the request of the Ministry of Interior. Upon completion of the tasks to ensure internal order and security, the unused State tangible reserves of the Board must be returned. The consumed state tangible reserves must be replaced by the Czech Police. Paragraphs 14 (7), 19 (1), 19b and 19c of the Act on Property of the Czech Republic and its presentation in legal relations are not applicable.
The management may, at the request of the competent central administrative authority responsible for dealing with a significant disruption in the provision of essential services11) provide, to the critical infrastructure body in its material capacity, to the extent necessary, the contingency stocks in the form of free of charge. The provisions of § 14 (7), § 19 (1), § 19b, 19c and 27 of the Act on Assets of the Czech Republic and its presentation in legal relations are not applicable. The emergency supplies provided by the beneficiary shall be returned or replaced by the Authority without delay after a significant breach of the provision of the essential service has been managed, but no later than 60 days after their delivery. After that period, the beneficiary shall be entitled to use the emergency stocks provided only with the agreement of the central administrative authority concerned on the basis of a contract concluded with the Administration or, where applicable, the registration issued with the Administration (1b). The draft contract or registration, if any, shall be drawn up by the Administration on the basis of a request submitted by the beneficiary. Paragraphs 14 (7), 19 (1), 19b and 19c of the Act on Property of the Czech Republic and its presentation in legal relations are not applicable. If the beneficiary does not submit a request within that period, the use of contingency stocks shall be the unauthorised use of the property to which the Administration is to manage. In the event of non-recovery of the emergency stocks provided, the legislation governing the management of the State's assets shall be followed.
(1) On the basis of the requirements of the crisis plans, the Administration shall process proposals in particular for:
(a) a list of material reserve items, their minimum limit and indicative target status;
(b) the release of material reserves and the conditions for its implementation;
(c) the replacement of tangible reserve items below the minimum limit, including the setting of the conditions for its implementation.
(2) The proposal referred to in paragraph 1 shall be approved by the Government. The Government shall inform Parliament of these decisions.
(3) The Government may authorise the Administration to sell or dispose of material reserves in excess of a minimum limit which does not serve its purpose. Unless otherwise provided by the Government, the Administration may make a substitution of material reserves exceeding the minimum limit.
(1) The State reserves shall be the property of the State, with the exception of those referred to in paragraph 3. Expenditure on acquisition, reservation, protection and storage shall be charged to the State budget. The Administration may also use the revenue for the sale of the State tangible reserves to cover expenditure on the acquisition and reservation of the State tangible reserves, in their replacement and exchange. This revenue is transferable until next year and is not government revenue.
(2) The administration, in cooperation with the State Agricultural Intervention Fund, coordinates the volumes and dates of restocking of agricultural products and foodstuffs in tangible reserves and their release for both domestic and export purposes.
(3) State tangible provisions are also goods or animals which the Administration reserves with their owner under a written contract and in return for payment; in the contract, the price may be negotiated only up to the amount which is customary at the place and time. These material reserves are viewed as assets of the Czech Republic with the responsibility to manage for the Administration. Paragraph 12 (4) of the First Law on the assets of the Czech Republic and its representation in legal relations does not apply.
(1) The management shall carry out quality and quantity checks on State tangible reserves.
(2) The person checked shall be the protector or, where applicable, the third person who provides protection services to the protector or the owner of the reserved item or animal.
(3) If the purpose of the inspection cannot be otherwise achieved, the Administration shall be entitled, in the event of a reasonable suspicion of a serious breach of the obligation laid down by this Law, to arrange for access to the buildings, land and other premises, including the opening of closed buildings or premises owned or used by a controlled person, or otherwise directly related to the exercise and subject to control; This does not apply when a home is owned or used by a controlled person and at the same time it is not used for business.
(4) The management shall ensure the presence of an impartial person when carrying out the checks referred to in paragraph 3; This does not apply if there is a danger of delay.
(5) After carrying out the checks referred to in paragraph 3, the administration is required to ensure the construction, land or other premises against the entry of other persons. If their owner is known to the Board, he shall inform him of the inspection operation carried out without undue delay.
(1) A natural, legal or business natural person commits an offence by misusing the property to which the Administration is to manage.
(2) A fine may be imposed for the offence referred to in paragraph 1 until:
(a) 1 000 000 CZK, if committed by a natural person; or
(b) 5 000 000 CZK if it is committed by a legal or business natural person.
(3) The infringement referred to in paragraph 1 shall be dealt with by the Administration.
The legal measure of the National Assembly Bureau No. 69 / 1964 Coll., on the Board of State Material Provisions is hereby repealed.
This Act shall take effect on the day of its publication.
Uhde v. r.
Havel v. r.
Klaus v. r.
1) Act No. 241 / 2000 Coll., on economic measures for crisis situations and amending certain related laws, as amended.
(1a) Act No. 189 / 1999 Coll., on the Emergency Oil Stocks, on dealing with oil emergencies and amending certain related laws (Act on Emergency Oil Stocks).
(1a) Act No. 189 / 1999 Coll., on the Emergency Oil Stocks, on dealing with oil emergencies and amending certain related laws (Act on Emergency Oil Stocks).
1b) Act No. 219 / 2000 Coll., on the assets of the Czech Republic and its presentation in legal relations, as amended.
2) Paragraph 2 (1) (g) of Act No. 241 / 2000 Coll., on economic measures for crisis situations and on the amendment of certain related laws.
2a) § 2 (1) (a) of Act No. 241 / 2000 Coll.
2b) § 1 (1) of Act No. 241 / 2000 Coll.
2c) § 10 to 12 of Act No. 241 / 2000 Coll.
2d) Act No. 151 / 2010 Coll., on Foreign Development Cooperation and Humanitarian Aid provided abroad and amending related laws.
4) Act No. 239 / 2000 Coll., on an integrated rescue system and amending certain laws, as amended.
5) Act No. 240 / 2000 Coll., on crisis management and amending certain laws (Crisis Act), as amended.
6) Article 54 of Act No. 166 / 1999 Coll., on Veterinary Care and on the amendment of certain related laws (Veterinary Act), as amended.
7) Article 5b (1) of Act No. 246 / 1992 Coll., for the protection of animals against abuse, as amended.
8) Act No. 254 / 2001 Coll., on waters and on the amendment of certain laws (Water Act), as amended.
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 Conditions of Provision, as amended.
11) Act No. 266 / 2025 Coll., on the resilience of critical infrastructure entities and on the amendment of related laws (Critical Infrastructure Act).
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Regulation Information
| Citation | Act No. 97 / 1993 Coll., on the Jurisdiction of the Administration of State Material Reserves |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 15.03.1993 |
|---|---|
| Effective from | 15.03.1993 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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