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STATUTE
OF THE STATE ENVIRONMENTAL FUND OF THE CZECH REPUBLIC (Effective as of 15 May 2007, changes in the text are in bold) ARTICLE 1 1. Pursuant to Section 1(2) of Act No 388/1991 Coll., on the State Environmental Fund of the Czech Republic, as amended, the Ministry of the Environment (hereinafter only referred to as the Ministry) issues the Statute of the State Environmental Fund of the Czech Republic (hereinafter only referred to as the Fund). The Statute regulates the scope of the Fund's activities and the conditions for distributing financial funds (hereinafter only referred to as funds) from the Fund. 2. The Fund is a legal person administered by the Ministry. The Ministry wields establisher’s authority over the Fund as a central administration authority having the subject-matter jurisdiction pursuant to Section 53(2) of Act No 219/2000 Coll., on the property of the Czech Republic and its representation in legal relationships, as amended. In exercising its functions, the Ministry follows legal regulations, in particular Act No 388/1991 Coll. The functions of an authority with the subject-matter jurisdiction over the Fund are exercised by the Deputy Minister and by the director of the Department of Economics and Environmental Policies on behalf of the Ministry. 3. The funds from the Fund are provided to applicants under the conditions defined in this Statute, in the applicable Ministry guideline on the distribution of funds from the State Environmental Fund of the Czech Republic (hereinafter only referred to as the guideline) and its annexes. The guideline, its amendments and annexes are issued by the Ministry and signed by the Minister of the Environment (hereinafter only referred to as the Minister). 4. The provision of funds from the Fund is determined by the Minister. The Minister consults with the Fund Council when deciding about the provision of funds. Decisions about the provision of funds from the Fund (hereinafter only referred to as the decision) are made public (e.g. on the Internet). ARTICLE 2 EXTENT OF THE FUND'S ACTIVITIES 1. The main purpose of the Fund is to support environmental measures implemented in accordance with the current State Environmental Policy and the principles of environmental protection of the Czech Republic. The funds are provided according to the guideline that defines basic rules for obtaining funds from programmes financed by the Fund. In fulfilling its main purpose, the Fund performs the following activities: 1.1 It prepares and submits:
a) for approval by the Ministry, proposals for fund provision from the Fund and decision drafts; b) for discussion in the Government of the Czech Republic (via the Ministry), draft budgets with receipts and expenditures of the Fund (including expenditures related to the activities of the Fund and including the sums allocated to funding programmes or projects co-funded by the European Union); d) to the Chamber of Deputies of the Czech Republic (via the Government of the Czech Republic), draft budgets with receipts and expenditures of the Fund. 1.2 It accepts applications for funding from the Fund, records them, verifies whether they are complete and whether they contain all required data, and adds its opinion. It follows a similar procedure when accepting requests for amending decisions. 1.3 It prepares supporting documents needed for the activities of the Fund Council. 1.4 After discussion in the Fund Council, it submits to the Ministry documents needed for the decision and its opinion. 1.5 Based on the decisions, it enters into agreements about funding from the Fund with applicants and prepares changes and annexes to these agreements. 1.6 It supervises the effectiveness and correctness of usage of funds from the Fund. 1.7 If the beneficiary violates the agreement on funding from the Fund, the Fund takes remedial measures (including debt collection) according to the agreement about funding from the Fund, the Guideline and valid legal regulations. 1.8 It maintains books on the generation and utilization of funds awarded from the Fund in accordance with legal regulations, records obligations following from agreements between the Fund and the applicants, maintains a separate bank account of the Fund and performs bank payments related to the activities of the Fund. 1.9 It regularly informs the Ministry and the public about the management of funds in the Fund. 1.10 It maintains records according on environmental components in the areas of: a) water protection, b) air protection, c) nature conservation and landscape protection, d) waste management, e) miscellaneous. 2. The Fund exercises the entrusted functions of managing funds obtained from the European Union for the environment that follow from legal regulations, related guidelines, methodologies and instructions by relevant authorities and related contracts and agreements. To secure the execution of functions for which the fund is responsible in administering resources received from the European Regional Development Fund and the Cohesion Fund, the Fund uses resources earmarked for technical assistance in the sense of relevant norms of the European Union or funds awarded from the state budget. 3. The Fund is in charge of other agenda needed to secure its activities. ARTICLE 3 MISCELLANEOUS PROVISIONS 1. The director of the Fund or his/her authorized deputy acts on behalf of the Fund as its statutory body. The function of the director of the Fund is not compatible with the position of a member or Chair of the Fund Council. The director of the Fund can issue a written authorization for another employee of the Fund to conduct certain legal acts. Other employees of the Fund can perform legal acts on behalf of the Fund exclusively in the scope permitted to internally regulate the Fund. 2. The detailed internal structure of the Fund is laid out in the Organizational Rules of the Fund that also regulates the relationships and activities of all internal units. The Organizational Rules, its amendments and annexes are issued by the director of the Fund and are then submitted to the Ministry for information. 3. The Minister appoints and dismisses the director and members of the Fund Council. Details on the composition, the number of members and activities of the Fund Council are laid out in the Rules of Procedure of the Fund Council. The Rules of Procedure of the Fund Council, as well as its amendments and annexes, must be approved by the Minister. 4. The Ministry reserves the right to approve the following agreements concluded by the Fund: 4.1. for the purchase of immovable assets, flats or non-residential facilities by the state pursuant Section 12(6) of Act No 219/2000 Coll., 4.2 for the transfer of movable assets with value of CZK 50 000 or more that are not subject to approval pursuant Section 22(4) of Act No 219/2000 Coll., unless Section 15(2) of the Act applies, 4.3 for subletting a rented property by the tenant pursuant Section 27(5) of Act No 219/2000 Coll. ARTICLE 4 CLOSING PROVISIONS 1. This Statute becomes effective on 15 May 2007. 2. On the day when this Statute becomes effective, the Statute of the State Environmental Fund of the Czech Republic that became effective on 1 September 2005 ceases to have force or effect. RNDr. Martin Bursík Minister
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