77 ACT of 5 February 2002 ACT ON CZECH RAILWAYS, JOINT STOCK COMPANY, THE RAILWAY INFRASTRUCTURE ADMINISTRATION, STATE ORGANISATION, THE AMENDMENT TO ACT NO. 266/1994 COLL., ON TRACKS, AS LAST AMENDED, AND TO ACT NO. 77/1997 COLL., ON THE STATE ENTERPRISE, AS LAST AMENDED The Parliament has passed the following Act of the Czech Republic: PART ONE CZECH RAILWAYS, JOINT STOCK COMPANY, AND RAILWAY INFRASTRUCTURE ADMINISTRATION, STATE ORGANISATION TITLE I Transformation of Czech Railways Division 1 General Provisions Section 1 Scope of the Act (1) This Act regulates: 1 a) process of establishment and the activity of Czech Railways, joint stock company, and b) establishment and the activity of the Railway Infrastructure Administration, state organisation1, as legal successors of Czech Railways, state organisation2. (2) The establishment, incorporation, activity, status of bodies and legal relations of Czech Railways, joint stock company, shall be subject to the Commercial Code3, unless this Act provides otherwise. Section 2 Definition of Basic Terms For the purpose of this Act: a) railway infrastructure means the railway infrastructure of the nation-wide track and the regional tracks4 owned by the state, designed for the operation of railway transport by railway carriers, b) operation of the railway infrastructure means activities by which the railway infrastructure is secured and operated and railway transport organised according to a special law4, for the purpose of railway transport operation by railway carriers, implementation of obligations following from international agreements binding on the Czech Republic5, and for the purpose of state defence and crisis management6, c) railway transport operation means activities by which the railway carrier ensures the provision of transport services to third persons according to a special law4, d) operability of the railway infrastructure means providing such a technical condition of the railway infrastructure, which guarantees by construction technological parameters and allowable wear a safe operation of the railway infrastructure and railway transport. 1 2 3 4 5 6 Section 54 and the following of Act No. 219/2000 Coll., on the property of the Czech Republic and on its operation in legal relations. Act No. 9/1993 Coll., on Czech Railways, as amended by Act No. 212/1993, Coll. Act No. 513/1991 Coll., Commercial Code, as last amended Act No. 266/1994 Coll., on tracks, as amended by Act No. 189/1999 Coll., Act No. 23/2000 Coll., Act No. 71/2000 Coll., and Act No. 132/2000 Coll. For instance, Decree No. 8/1985 Coll., on the Convention on international railway traffic (COTIF), as amended by Communication No. 61/1999 Coll., Communication No. 251/1991 Coll. and Communication No. 274/1996 Coll. COTIF. For instance, Act No. 222/1999 Coll., on the provision of the defence of the Czech Republic, and Act No. 240/2000 Coll., on the crisis management and amendment to certain Acts (Crisis Act). 2 Division 2 Founding and Incorporating Czech Railways, joint stock company Section 3 (1) The founder of Czech Railways, joint stock company, shall be the state on behalf of which the Ministry of Transport and Communications shall act (hereinafter referred to as the “Ministry”). (2) According to the paragraph 1, Czech Railways, joint stock company, shall be the business name of the joint stock company. Section 4 (1) A previous agreement of the Government shall be necessary to found Czech Railways, joint stock company; on giving the agreement the Government shall specify the day at which the accounting value of the non-monetary investment into Czech Railways, joint stock company, shall be determined (hereinafter only the “specified day”). (2) For the purpose of founding Czech Railways, joint stock company, such state owned property shall be used to which the Czech Railways, state organisation 2, exercised the management and which serves for the operation of the railway infrastructure and railway transport, and the remaining property of Czech Railways, state organisation2, with the exception of the property referred to under section 20 (1) and section 20 (5) (b) and (c). (3) Within three months after the specified day, the Ministry shall submit for approval to the Government the draft founder’s deed and draft statutes of Czech Railways, joint-stock company. (4) Czech Railways, joint-stock company, shall be founded without a tender for shares* on the day when the Government approves the founder’s deed of Czech Railways, joint stock company, including the articles of association. The founder’s deed shall require no notary registration. Section 5 (1) The shares of Czech Railways, joint stock company, shall be certificated type shares with a limited transferability; the shares shall be transferable only under the previous agreement of the Government. 3 (2) The founder’s deed of Czech Railways, joint stock company, shall comprise the nominal specification of the subject of the non-monetary investment, its accounting value at the specified date verified by the auditor; expert estimate of the non-monetary investment shall not be required. The founder’s deed shall specify the investment value and its breakdown by capital stock and the agio. (3) Articles of association of Czech Railways, joint stock company, with the exception of essentials provided for by the Commercial Code, shall comprise the basic organisational arrangement of Czech Railways, joint stock company, and the definition of the proceedings of the Board of Directors to which a previous agreement of the Supervisory Council shall be required (section 14 (c) and section 16 (c)). Section 6 Incorporation of the joint stock company (1) Czech Railways, joint stock company, shall be incorporated on the day of 1st January of calendar year following the calendar year in which Czech Railways, joint stock company, were founded. Czech Railways, joint stock company, shall be entered in the Commercial Register; the entry shall have a declaratory nature as far as the incorporation of the joint stock company is concerned. (2) By means of a Communication in the Collection of Laws7 the Ministry shall promulgate the day of incorporation of Czech Railways, joint stock company. Division 3 Property Assignment Section 7 Joint stock company (1) According to section 4 (2), the state owned property shall be assigned to Czech Railways, joint stock company, on its day’s incorporation. The assignment to Czech Railways, joint stock company, of the property right to immovable property 7 Section 2 (e) of Act No. 309/1999 Coll., on the Collection of Laws and on the Collection of International Agreements. 4 shall be entered in the land-register of immovable property according to the founder’s deed. (2) By the property assignment according to paragraph 1 the investment of the Czech Republic’s property into Czech Railways, joint stock company, shall be considered as repaid, and this investment shall mean the repayment of the emissive rate of exchange of shares, including the agio of Czech Railways, joint stock company. Division 4 Business Activities of Czech Railways, joint stock company Section 8 (1) The scope of business activities of Czech Railways, joint stock company, shall be the operation of: a) railway transport, b) the railway infrastructure in the public interest, which shall not be applicable to such a part of the railway infrastructure which was entrusted for use to another railway infrastructure operator by means of a contract of lease concluded by Czech Railways, state organisation2, until the day of incorporation of Czech Railways, joint stock company. (2) In international railway transport, according to international agreements binding on the Czech Republic and published in the Collection of Laws5, Czech Railways, joint stock company, shall pass as the national railway undertaking of the Czech Republic. (3) Czech Railways, joint stock company, may carry out business activity and other activities, if such activities are associated with the scope of business activities according to paragraph 1 and as laid down by a special legal regulation8. (4) To operate railway transport and the railway infrastructure by Czech Railways, joint stock company, up to the day when the agreement on the accession of the Czech Republic into the European Union enters into force, the granting of a licence and the granting of an official authorisation according to a special law4 shall not be required. 8 For instance, Act No. 455/1991 Coll., on engaging in a trade (Trades Licensing Act), as last amended.. 5 Section 9 (1) As a shareholder the state shall see to it that Czech Railways, joint stock company, provides carrier’s transport services that are in compliance with their business plan and commercial interest. (2) When Czech Railways, joint stock company, provides in the public interest economically disadvantageous carrier’s transport services on the basis of a written contract on public service obligations in railway transport concluded with the state or self-governing districts, it shall have the right to the settlement of a provable loss, including the right to reasonable profit included in the provable loss according to a special law4. Section 10 (1) Czech Railways, joint stock company, shall keep separate in-house accounts of costs, receipts and revenues related to activities in the area of railway infrastructure operation, area of railway passenger transport operation and area of railway freight transport operation. (2) Within the framework of the separated internal accounting Czech Railways, joint stock company, shall keep independent accounts of activities covered from public funds according to a special law9; it may not redistribute among the areas the funds following from activities covered from public funds. (3) When Czech Railways, joint stock company, operates activities other than those according to paragraph 1, it shall keep for such activities separate internal accounting; funds from the activities of particular areas referred to in paragraph 1 covered from public funds may not be transferred to other activities. (4) Annual financial statements of independent account areas according to paragraphs 1 and 3 shall be subject to an obligatory audit. The auditor shall be nominated by the Ministry. Section 11 Social Fund (1) Czech Railways, joint stock company, shall establish a social fund10 to be used to the benefit of employees for securing cultural, social and additional needs. 9 10 For instance, section 39 and section 39 (a) of Act No. 266/1994 coll., on Tracks, as amended by Act No. 23/2000 Coll. Decree No 310/1995 Coll., on the fund of cultural and social needs, as amended by Decree No. 167/1997 Coll. and Decree No. 314/1999 Coll. 6 (2) The social fund shall be created by a quota from the profit in the amount of 2% of the annual volume of costs falling on wages and on substitutes for wages. Division 5 Bodies of Czech Railways, joint stock company Section 12 Exercise of the Rights of the State as a Shareholder (1) The state shall exercise the shareholder’s rights in Czech Railways, joint stock company, through the mediation of a Steering Committee. The Steering Committee shall be composed of three employees of the Ministry, authorised by the Government in writing, and one by one employee from the Ministry of Finance, from the Ministry of Defence, from the Ministry of Industry and Commerce and from the Ministry for Regional Development, each of them authorised by the Government in writing. (2) The Steering Committee shall submit to the Government once in a quarter of a year through the mediation of the Minister of transport and Communications a written report on its activity, which is to be presented within a time limit set by the Government. (3) The activity of the Steering Committee shall be conducted by its chairman, or vice-chairman, nominated by and recalled by the Government. (4) The chairman or the vice-chairman of the Steering Committee shall act on behalf of the Steering Committee. The chairman or the vice-chairman acting on behalf of the Steering Committee shall be bound by the decision of that body. A legal act made in contradiction with the decision of the Steering Committee is null and void. (5) The Steering Committee shall adopt decisions by a majority of votes of all its members. (6) Minutes shall be taken on the course of negotiations of the Steering Committee and on the decisions taken by it, the minutes being signed by all members of the Steering Committee which were present. The minutes on the decisions of the Steering Committee shall be made in a form of a notary record. 7 Board of Directors Section 13 (1) The chairman and additional members of the Board of Directors of Czech Railways, joint stock company, shall be nominated and recalled by their Supervisory Board. (2) First members of the Board of Directors of Czech Railways, joint stock company, shall be nominated on a proposal of the Ministry by the Government as at the day of the founding of Czech Railways, joint stock company. Section 14 The Board of Directors shall: a) decide on any matters of Czech Railways, joint stock company, provided they do not fall, under this Act or articles of association, within the terms of reference of the Supervisory Board, b) upon negotiations with trade-unions acting within Czech Railways, joint stock company, approve the election procedure which provides for the method and conditions of electing and recalling one third of Board of Director’s members elected and recalled by employees of Czech Railways, joint stock company, c) decide on dealing with the property of Czech Railways, joint stock company, which the Supervisory Board made subject to its terms of reference, only upon previous agreement of the Supervisory Board. Supervisory Board Section 15 As at the day of founding Czech Railways, joint stock company, the first members of the Supervisory Board of Czech Railways, joint stock company, shall be nominated by the Government. Two thirds of the first members of the Supervisory Board of Czech Railways, joint stock company, shall be nominated by the Government on a proposal of the Ministry and upon negotiations with the trade-unions and one third from among the employees of Czech Railways, state organisation, on the basis of the election results. The method and conditions of the election shall be set out by the election procedure approved for this purpose by Czech Railways, state organisation, after negotiation with the trade-union bodies. 8 Section 16 The Supervisory Board shall: a) review the report on the business activity of Czech Railways, joint stock company, and on the condition of its property, including the report on the accounts of funds from public budgets, and it submits its opinion to the General Meeting, b) approve the annual business plan, including business strategy, and budgets of railway infrastructure operation and railway transport operation of Czech Railways, joint stock company, c) grant advance approval for dealing with the property, provided such approval falls within its terms of reference as laid down by articles of association. Division 6 Railway Transport Operation for the Purpose of State Defence Section 17 (1) Under the state of jeopardy, state of danger to the state, emergency state or state of war11 Czech Railways, joint stock company, shall be obliged to provide for railway transport operation in compliance with the defence needs of the state6 and the system needs of economic measures designed for crisis situations12. (2) To ensure the preparedness of the state to the state of danger of the state and to the state of war Czech Railways, joint stock company, shall be obliged to prepare and submit to the Ministry for approval a proposal for the provision of technological protection and rehabilitation of the railway infrastructure designed for operation under the state of danger of the state and state of war. Section 18 (1) Upon negotiation with the Ministry of Defence, the Ministry shall: a) approve the routes of the railway infrastructure which may be of importance for the implementation of defence tasks of the state (designated railway 11 12 Constitutional Act No. 110/1998 Coll., on the safety of the Czech Republic. Act No. 241/2000 Coll., on economic measures for crisis situations and on amendment to certain associated Acts. 9 network), and the method of ensuring its technological protection and rehabilitation, b) stipulate means and capacities of Czech Railways, joint stock company, which will be necessary for the implementation of defence tasks of the state and which will not be subject to the obligation of providing facilities according to a special law6, c) lays down a list of working activities necessary for the fulfilment of tasks of the defence of the state in securing the operations, technological protection and rehabilitation on the designated railway network. (2) To implement defence tasks of the state, obligations may be imposed on Czech Railways, joint stock company, to the benefit of allied armed forces, if it is necessary for the fulfilment of obligations of the Czech Republic following from international agreements binding on it13. (3) Upon the promulgation of the state of danger14, state of emergency, state of danger to the state or state of war11 tasks may be imposed on Czech Railways, joint stock company, by the crisis management body which shall be under a special law14 authorised to do so; Czech Railways, joint stock company, shall be under obligation to fulfil such tasks without delay. TITLE II Railway Infrastructure Administration Division 1 Incorporation of the Railway Infrastructure Administration, state organisation Section 19 (1) The Railway Infrastructure Administration, state organisation, with registered office in Prague, shall become incorporated on the day of incorporation of Czech Railways, joint stock company. 13 14 Communication of the Ministry of Foreign Affairs No. 66/1999 Coll., on the accession of the Czech Republic to North Atlantic Treaty. For instance, section 4 to 12 of Act No. 240/2000 Coll., on crisis management (Crisis Act), section 20 to 23 of Act No. 241/2000 Coll., on economic measures for crisis situations. 10 (2) The Railway Infrastructure Administration, state organisation, shall be a legal person which through its own legal acts shall be competent to acquire rights and accept obligations; the state guarantees its obligations. (3) The Railway Infrastructure Administration, state organisation, shall be entered in the Commercial Register; the entry shall have a declaratory nature, as far as the incorporation of the state organisation is concerned. The proposal for the entry shall be made by the founder. (4) The proposal shall comprise: a) business name and registered office, b) document on the accounting value of the property to which the Railway Infrastructure Administration, state organisation, shall exercise the management from the day of its founding, verified by the auditor, c) identification number, d) scope of business activity, e) legal form of the legal person, f) name and place of residence of the person who shall be the statutory body with reference to the method of its acting on behalf of the legal person, and the day of the establishment or, where appropriate, the cessation of its function, g) Government Resolution by which Czech Railways, joint stock company, was founded, h) day of the incorporation of Czech Railways, joint stock company. (5) The position, legal relations, activity, merger, fusion and division of the Railway Infrastructure Administration, state organisation, shall be governed from the day of its establishment mutatis mutandis according to the provisions of the Act on the State Enterprise15, unless this Act otherwise provides for. (6) The function of the founder of the Railway Infrastructure Administration, state organisation, shall be exercised by the Ministry on behalf of the state. Section 20 (1) The Railway Infrastructure Administration, state organisation, shall exercise the management to the property of the state to which Czech Railways, joint stock company, exercised the management as at the day of their incorporation2. This concerns the property: 15 Act No. 77/1997 Coll., on state enterprise, as amended by Act No. 30/2000 Coll., and Act No. 220/2000 Coll. 11 a) which constitutes the railway infrastructure, and which is specified in the Annex 1 to this Act, b) to the issue of which a title has arisen to a natural person according to special regulations16, c) which is to be returned to a legal person according to special regulations17. (2) The Railway Infrastructure Administration, state organisation, shall exercise the management to the obligations and claims of Czech Railways, state organisation, existing at the day of the incorporation of Czech Railways, joint stock company, with the exception of: a) non-used credits provided to Czech Railways, state organisation, for the modernisation of railway vehicles and the procurement of new railway vehicles, b) non-mature obligations and claims of Czech Railways, state organisation, following from business-transportation relations, c) obligations and claims following from labour-legal relations of employees who as at the day of the incorporation of Czech Railways, joint stock company, shall be transferred to Czech Railways, joint stock company. (3) The Railway Infrastructure Administration, state organisation, shall report to the cadastre of immovable assets the origin, alteration or termination of the rights of management to immovable assets which it exercises under the law and which are being recorded in the cadastre of immovable assets and, as regards the immovable assets, to refer to their particulars which are necessary in order to effectuate the record. (4) The Railway Infrastructure Administration, state organisation, cannot make the property constituting the railway infrastructure subject of the investment into another company or subject of a lien or guarantee or contract of purchase without approval of the Government. (5) The Railway Infrastructure Administration, state organisation, shall not exercise the management to the property which: a) is being transferred from Czech Railways, state organisation, to Czech Railways, joint stock company, b) is constituted by the building located in Prague 1, nábřeží Ludvíka Svobody 12 and parcel No. 1222 on the land parcel No. 263 and land parcel No. 263 in the land-register of Nové Město, to which the Ministry exercised the 16 17 For instance, Act No. 403/1990 Coll., on the mitigation of consequences of certain property injuries, as amended by Act No.458/1990 Coll., Act No. 528/1990 Coll., Act No. 137/1991 Coll., Act No. 264/1992 Coll. and Act No. 115/1994 Coll. For instance, Act No. 298/1900 Coll., on the regulation of certain property relations of holy orders, congregations and Olomouc archbishopric, as amended by Act No. 338/1991 Coll. 12 management as at the day of incorporation of Czech Railways, joint stock company. c) is designed to cover the obligations of Czech Railways, state organisation, and is set out in the Annex 2 to this Act and to which Czech Railways, state organisation exercises the management until the day of the incorporation of Czech Railways, joint stock company, and to which the Ministry exercises the management as at the day of incorporation of the joint stock company. Division 2 Scope of Activity of Railway Infrastructure Administration, state organisation, Section 21 (1) The Railway Infrastructure Administration, state organisation, shall exercise the management to the property defined in section 20 (1) and (2). (2) The Railway Infrastructure Administration, state organisation, may engage in business activities and carry out other activities, provided such activities are associated with its management according to paragraph 1, according to a special laws8. Section 22 (1) Based on a contract the Railway Infrastructure Administration, state organisation, shall reimburse Czech Railways, joint stock company, in the amount of the common price, a) for the costs connected with the operation of the railway infrastructure and with the provision of its operability in the public interest, including a reasonable profit, b) for the costs of modernisation and development of the railway infrastructure. (2) Costs according to paragraph 1 (a) shall be paid to Czech Railways, joint stock company, by Railway Infrastructure Administration, state organisation, from the receipts from fees for the use of the railway infrastructure paid by railway operators, from the state subsidies and from the funds established according to a special law18. 18 For instance, Act No. 104/2000 Coll., on the State Transport Infrastructure Fund and on the amendment to Act No. 171/1991 Coll., on the competence of Czech Republic’s bodies in the matters of the assignment of the state owned property to other persons and on the Czech Republic’s National Property Fund, as last amended. 13 (3) Costs according to paragraph 1 (b) shall be paid to Czech Railways, joint stock company, by the Railway Infrastructure Administration, state organisation, from funds established according to a special law18. (4) Definition of costs associated with the operation of the railway infrastructure, with the provision of its operability, modernisation and development, the method of their calculation, documents by which the cost calculation should be supported, the definition of the reasonable profit and the method of performing the state supervision over the financing of the operation of the railway infrastructure, the provision of its operability, modernisation and development, shall be laid down by implementing legal regulation. (5) In order to accept the credits above the set limit the Railway Infrastructure Administration shall receive an advance agreement of the Ministry. The limit of the credit shall be laid down by an implementing legal regulation. Section 23 Czech Railways, joint stock company, shall reimburse the Railway Infrastructure Administration, state organisation, for the costs of use of the railway infrastructure for the operation of railway transport, the costs being laid down by a special law19. Section 24 (1) The Railway Infrastructure Administration, state organisation, and Czech Railways, joint stock company, shall conclude a contract for a period of three years in which they shall adjust the method of ensuring the railway infrastructure operation, its operability, modernisation and development in the public interest, obligations of the contracting parties, including the performance of the checking and the amount of fees. In addition, the contract shall include the modification of the conditions necessary to enable contact with other railways and the provision of a trouble free and safe railway infrastructure and railway transport operation in relation to the use of the railway infrastructure and the method of identifying the causes and circumstances of the rise of extraordinary events in railway transport. The details shall be laid down in the addendum to the contract for the appropriate calendar year which must be concluded by 31 October of the previous calendar year at the latest. (2) The Railway Infrastructure Administration, state organisation, and Czech Railways, joint stock company, shall mutually exchange the information necessary for ensuring the operation of the railway infrastructure, its operability, modernisation and development. The information provided shall not be used for other purposes than that for which they were provided. (3) Unless the contracting parties reach an agreement within 60 days from the launching of negotiations on the conclusion of the contract on the method of ensuring 19 Act No. 526/1900 Coll., on prices, as last amended. 14 the operation of the railway infrastructure, its operability, modernisation and development, they shall notify the Ministry thereof. The Ministry shall take a decision on the disputed questions. The contracting parties shall be bound by the Ministry’s decision. The filing of a legal remedy shall have no dilatory effect. Section 25 Inspection of railway infrastructure (1) Czech Railways, joint stock company, shall enable the authorised employees of the Railway Infrastructure Administration, state organisation, the performance of the inspection as to the proper use of the railway infrastructure, according to this Act and according to the contract concluded between the Railway Infrastructure Administration, state organisation, and Czech Railways, joint stock company, (section 24). (2) The decision taking on the contractual provision of important investment and modernisation actions related to the railway infrastructure shall be subject to the approval of the Director General of the Railway Infrastructure Administration. The details shall be laid down in contract according to section 24. (3) While performing the inspection the authorised employee shall be entitled to entry or drive into the objects of the railway infrastructure and examine any documents and records relating to the railway infrastructure use. Section 26 (1) The Railway Infrastructure Administration, state organisation, shall exercise its management in two internal areas, namely in the area of the railway infrastructure and in the area of other property; funds from the activities subsidised by the state cannot be transferred between the areas. (2) The Railway Infrastructure Administration, state organisation, shall not amortise the property of the railway infrastructure. Division 3 Bodies of the Railway Infrastructure Administration, state organisation, Section 27 15 Bodies of the Railway Infrastructure Administration, state organisation, shall be the Board of Directors and the Director General. The Board of Directors Section 28 (1) The Board of Directors shall comprise five members nominated and recalled by the Government on a proposal of the Minister of transport and communications. (2) From among the members of the Board of Directors the Government shall appoint the chairman of the Board of Directors who shall conduct its activity. (3) A member of the Board of Directors shall not disclose information to third parties, refrain from any actions which might lead to clash of personal interests with the interests of the Railway Infrastructure Administration, state organisation, and abusing to his own or other person’s benefit the information acquired in conjunction with the exercise of his function. Section 29 (1) The Board of Directors shall take decisions by majority votes of its members. (2) Details on the method of the session and the action of the Board of Directors shall be laid down by the Board of Directors rules of procedure. Section 30 The Board of Directors shall: a) approve, following the Director General’s proposal, fundamental issues of the concept of the Railway Infrastructure Administration, state organisation, and on the dealing with the state property which was entrusted to it for the purpose of engaging in business activity (except the specified property) in the scope to be determined by the founder, b) approve articles of association of the Railway Infrastructure Administration, state organisation, the organisational structure of the Railway Infrastructure Administration, state organisation, and the Board of Directors rules of procedure, c) discuss the annual report, yearly financial plan, half-year’s results of the management, approve annual profit and loss accounts of the Railway Infrastructure Administration, state organisation, 16 d) supervise the exercise of the Director General’s range of powers and performance of the Railway Infrastructure Administration, state organisation, and whether the activities of Railway Infrastructure Administration, state organisation, are performed in compliance with the legislation, e) be authorised to examine any documents and records relating to the activity of the Railway Infrastructure Administration, state organisation, and to check whether the account books are properly kept and in compliance with the reality, f) bring the ascertained shortcomings to the attention of the Director General while suggesting at the same time remedial measures, g) grant preceding approval to the conclusion of contracts on the lease of lands to which the Railway Infrastructure Administration, state organisation, exercises the management and to the conclusion of credit contracts if the credit granted exceeds the amount set out by the Board of Directors. Director General Section 31 (1) The Director General shall be a statutory body of the Railway Infrastructure Administration, state organisation, which manages its activity and acts on its behalf. (2) The Director General shall decide on any matters of the Railway Infrastructure Administration, state organisation, provided such matters are not subject to the range of powers of the Board of Directors or the Ministry. (3) The Director General, following an application, shall provide the Board of Directors with any information and documents on the activity of the Railway Infrastructure Administration, state organisation. Section 32 (1) The Director General shall be nominated and recalled by the Board of Directors. (2) The Director General shall not be a member of the Board of Directors, however, he is authorised to take part in the meeting of the Board of Directors in an advisory capacity. 17 Section 33 Relation of the Ministry to Czech Railways, joint stock company, and to the Railway Infrastructure Administration, state organisation The Ministry shall determine the fare prices and carriage charges, including conditions of their application (tariffs), for carriage of employees of Czech Railways, joint stock company, of employees of the Railway Infrastructure Administration, state organisation, of employees of the Ministry and the Railway Office, involved in the safeguarding and operation of railway transport, of persons receiving old-age pensions who worked in the field of railway transport as well as members of their families. TITLE III JOINT AND INTERIM PROVISIONS Assignment of Rights and Obligations Following from Labour-legal Relations Section 34 The rights and obligations of Czech Railways, state organisation, following from labour-legal relations and relating to employees of Czech Railways, state organisation, who ensure the operation of the railway infrastructure and operation of railway transport, shall be assigned to Czech Railways, joint stock company, on the day of its incorporation. The rights and obligations following from labour-legal relations of Czech Railways, state organisation, relating to other employees of Czech Railways, state organisation, shall become the rights and obligations of the Railway Infrastructure Administration, state organisation, on the day of incorporation of Czech Railways, joint stock company. Section 35 A proportional part of the balance of the fund of cultural and social needs of Czech Railways, state organisation, shall be transferred to Czech Railways, joint stock company, at the day of the incorporation of Czech Railways, joint stock company, namely in the proportion according to the number of employees who are transferred to Czech Railways, joint stock company. The remaining part of the fund of cultural and social needs of Czech Railways, state organisation, shall be administered by the Railway Infrastructure Administration, state organisation, as from the day of 18 incorporation of Czech Railways, joint stock company; similar steps shall be taken in settling the instalments of loans granted from the fund of cultural and social needs. Section 36 (1) In order to address the social consequences of the transformation Czech Railways, state organisation, the Ministry shall provide from the state budget resources a contribution to the employees of Czech Railways whose service shall be terminated by an agreement justified by organisational reasons or in connection with the restructuring of Czech Railways, state organisation. (2) The conditions, amount and method of providing the contribution according to paragraph (1) shall be laid by Government order. Section 37 The trade authorisation and business activity authorisation according to special legal regulations issued by Czech Railways, state organisation, shall pass to Czech Railways, joint stock company and the Railway Infrastructure Administration, state organisation, as at the day of their incorporation. The statutory bodies of Czech Railways, joint stock company, and the Railway Infrastructure Administration, state organisation, shall notify in writing the appropriate Trades Licensing Offices and administrative bodies within 30 days from the date of the incorporation of Czech Railways, joint stock company, and Railway Infrastructure Administration, state organisation, of the continuation in engaging in a trade and in the business activity according to special legal regulations in line with the set nature of the business activity. Section 38 Assignment of Rights and Obligations (1) The rights and obligations of Czech Railways, state organisation2, following from international agreements and membership of Czech Railways, state organisation, in international organisations, and which are associated with the scope of business activities of Czech Railways, joint stock company, shall be assigned to Czech Railways, joint stock company, on the day of its incorporation. (2) The rights and obligations of Czech Railways, state organisation2, with the exception of rights and obligations according to paragraph 1 and according to section 20 (2) which are assigned to Czech Railways, joint stock company, shall become the rights and obligations of the Railway Infrastructure Administration, state organisation, on the day of incorporation of Czech Railways, joint stock company. 19 (3) In the case of disputable questions the decision shall be taken by the Ministry. Czech Railways, joint stock company, and the Railway Infrastructure Administration, state organisation, shall be bound by the decision of the Ministry. The filing of a legal remedy shall have no dilatory effect. TITLE IV THE ACTIONS OF CZECH RAILWAYS, STATE ORGANISATION, UNTIL THE DAY OF INCORPORATION OF CZECH RAILWAYS, JOINT STOCK COMPANY Section 39 (1) As at the specified day (section 4) Czech Railways, state organisation2, shall prepare an extraordinary financial statement and draw up a list of the total property to which it exercises the management, including the associated obligations and claims. From the total property it shall propose the earmarking of the property, which it suggests to transfer into Czech Railways, joint stock company, and shall determine its accounting value. (2) Extraordinary financial statement verified by the auditor and the list of the property according to paragraph 1 shall be submitted by Czech Railways, state organisation2, to the founder within 45 days at the latest from the specified day in order to prepare the founder’s deed of Czech Railways, joint stock company. (3) In the period between the specified day and the day of incorporation of Czech Railways, joint stock company, Czech Railways, state organisation2, may conclude credit contracts only with the approval of the Ministry. Czech Railways, state organisation2, may deal with the property designed as a transfer to Czech Railways, joint stock company, only with the approval of the Board of Directors of Czech Railways, state organisation. Legal acts contradictory to this provision shall be null and void. PART TWO Amendment to the Act on Railways Section 40 The Act No. 266/1994 Coll., on Tracks, as amended by Act No. 189/1999 Coll., Act No. 23/2000 Coll., and Act No. 132/2000 Coll., shall be hereby amended as follows: 20 1. In section 49 (3) (a) the words “the Track Administrative Authority” shall be replaced by the words “to the Track Safety Authority”. 2. In section 49 (3) (d) shall be worded as follows: “(d) to identify causes and circumstances of the rise of extraordinary events in track transport in cases laid down by implementing legal regulation and to make arrangements for their prevention,”. 3. In section 49 (3) (e) is inserted: “(e) to remove identified shortcomings in the case of the rise of extraordinary events, their causes and harmful consequences, and within set terms adopt measures determined by the Track Safety Authority to prevent the rise of extraordinary events.”. 4. After section 51 a new section 51a shall be added, worded as follows: “Section 51a (1) The Track Safety Authority shall impose a fine up to the amount of 1 000 000 CZK to the track operator or the carrier who: a) fails to notify the Track Safety Authority of the rise of an extraordinary event in track transport, b) fails to identify, in accordance with an implementing legal regulation, the causes and circumstances of the rise of an extraordinary event or fails to secure the place of an extraordinary event prior to the coming of the Track Safety Authority employees in charge of the identification of causes and circumstances of the rise of an extraordinary event, c) fails to implement within the set time period the measures to prevent the rise of extraordinary events, as determined by the Track Safety Authority. (2) In imposing the fines the Track Safety Authority shall proceed according to section 52 mutatis mutandis.”. 5. After section 53 new sections 53a and 53b shall be added, worded as follows: “Section 53a (1) As an administrative authority subordinated to the Ministry of Transport and Communications the Track Safety Authority shall be established, divided into a central inspectorate and district inspectorate. The registered offices and territorial scope of district inspectorates shall be laid down by the Director General. (2) The Track Safety Authority shall be headed by a Director General nominated and recalled by the Government following the proposal of the Minister of transport and communications. 21 (3) The Track Safety Authority shall be an organisational component of the State and its registered office shall be in Praha. (4) The statutes and rules of organisation of the Track Safety Authority shall be approved by the Minister of transport and communications. Section 53b (1) The Track Safety Authority shall perform the identification of causes and circumstances of the rise of extraordinary events in railway transport in accordance with an implementing legal regulation and, alongside this, it shall identify the shortcomings endangering the safety of the track operation or track transport operation, their causes and persons responsible according to legal regulations for their rise or duration. It shall require from the originators of the identified shortcomings the removal and remedy of the causes and harmful consequences of such shortcomings, and it shall impose measures for the removal and remedy. (2) The general administrative regulations on administrative proceedings shall not relate to the identification of causes and circumstances of the rise of extraordinary events in track transport, to the imposition of measures for their removal and remedy and to the check-up on the implementation of these measures. (3) The Track Safety Authority shall file a suggestion to the the Track Administrative Authority to commence proceedings on a temporary limitation of track transport for an indispensable time period, if the provision of a safe track operation and track transport operation in the case of the rise of an extraordinary event requires so, and upon the identification of the causes and circumstances of the extraordinary events it shall take a decision, according to the nature of the matter, on the filing of a suggestion to commence proceedings on the withdrawal of the carrier’s certificate (section 34a).”. 6. In section 58 (1) after the words “Track Authority” a comma and words “Track Safety Authority” shall be inserted. 7. In section 66 the paragraph 5 shall be worded as follows: “(5) Through a decree the Ministry of Transport and Communications shall lay down the types of extraordinary events in track transport, the procedure on the place of an extraordinary event in the identification of the rise of the extraordinary event and the measures on the place of the extraordinary event, the competence needed to identify the causes and circumstances and measures for the prevention of the rise of extraordinary events.”. 22 PART THREE Amendment to Act on the State Enterprise Section 41 The Act No. 77/1997 Coll., on the state enterprise, as amended by Act No. 30/2000 Coll. and Act No. 220/2000 Coll., is hereby amended as follows: 1. Section 22 shall be deleted. 2. In section 25 the item 3 shall be deleted and at the end of item 2 the comma shall be replaced by a full stop. 3. In section 26 the words “with the exception of section 25 item 3 which shall apply on the day laid down in section 22 (1)” shall be deleted. PART FOUR EFFECTIVENESS Section 42 (1) This Act shall apply on the day of its publication, with the exception of Title II, Title III and Part III, which shall apply on the day of incorporation of Czech Railways, joint stock company. (2) The following shall expire on the day of incorporation of Czech Railways, joint stock company: 1. Act No. 9/1993 Coll., on Czech Railways. 2. Act No. 212/1993 Coll., amending and supplementing the Czech National Council Act No. 9/1993 Coll., on Czech Railways. Signed by: Klaus Havel Zeman 23 Annex No. 1 to Act No. 77/2002 Coll. Property constituting the railway infrastructure a) track and track bed, which is constituted by earth ballast of a track, construction layers of sleeper’s underbed with the exception of the track ballast, water channels, bridges, objects similar to bridges, tunnels, galleries, abutment, lining, protecting, retaining and revetment walls, trench dwarf walls, protecting and drainage structures, equipment of the track, covered cuttings and other underpasses, under-surface running of the track, platforms, sheds, ramps, inspection and cleaning pits, reinforced areas and other nonbuilt up areas, fencing and railing, structures for protection against the fall of foreign objects, against fire and water, b) superstructure which is constituted by rails, switches, special constructions and construction elements; superstructure components are, in particular, rails, check rails, small fittings for the permanent way and the ballast, dilating devices, insulated joints, conductive and special connections, retaining equipment, rack bars, protecting rails, equipment against creeping of the rails, c) crossings and passageways, d) buildings and fixed facilities necessary for the protection against adverse impacts of railway operation and railway transport operation, i.e. facilities against noise, ground currents, corrosion, interference of telecommunications systems, impact of high voltage and facilities limiting the impact of track operation and track transport operation on the electrification system, e) automated and safety installations consisting of technical means for safeguarding and control of track transport within the railway rooms of dispatch and on railway lines, namely including independent objects within which such equipment is located or which were constructed for such a purpose, equipment for mechanisation and automation of marshalling yards, f) plant for transforming and carrying electric power for train haulage, substations, supply cables between sub-stations and contact wires, catenaries and supports, equipment for dispatch control, railway electric heavy-current equipment for the production, transformation, distribution and use of electric energy, special electric equipment, appliances and lighting equipment, equipment for the feeding of block equipment, electric equipment for preheating of train sets, equipment for the protection against impacts of atmospheric electricity, equipment against negative impacts of back traction currents, namely including independent objects in which such an equipment is located or which were constructed for such a purpose, g) ground area within the railway district with the exception of lands situated within the area of stations and rolling stock depots and lands situated under buildings owned by the joint stock company. 24 Property assigned to cover the obligations of Czech Railways, state organisation 1. Localities (subject to the provision of the necessary railway operation) A) Immovable assets not needed for main activities and determined by the geometric plan of demarcation in the following localities: a) Locality Praha Bubny Praha Bubny - Holešovice Name: Description: Part of the railway station Praha Bubny area determined by Argentinská, Železničářů, Bubenská streets up to Negrelliho viaduct. From this locality the following lands are taken out that are inevitably needed to provide for the track operation and track transport operation on double-track lines Praha Kladno (including the Praha – Ruzyně Airport expressway) and Praha Masaryk railway station - Praha Bubeneč, including Praha Bubny stop with four platform edges linked to the newly designed vestibule of the metro station of the „Vltavská“ C route. The determination of the locality is given by Area identification characteristics. Area identification characteristics: District: Capital City of Praha Municipality: Praha, Praha 7 Cadastral area: Holešovice Immovable assets, parcel Nos.: 2415/2, 2416/18, 2418, 2419, 2420, 2421, 2422, 2423, 2424, 2425, 2426, 2427, 2428, 2429, 2430, 2432, 2433, 2434, 2435, 2436, 2437, 2438, 2439, 2440, 2441, 2442, 2443, 2444, 2445, 2446, 2447, 2448, 2449, 2450, 2451, 2452, 2453, 2454, 2455, 2456, 2457, 2458, 2459, 2460, 2461, 2462, 2463, 2466, 2467, 2468, 2469, 2471, 2472, 2473, 2474, 2415/1, 2416/1, 2416/2, 2416/7, 2416/8, 2416/21, 2416/22, 2416/23, 2416/24, 2416/28, 2416/30, 2416/31, 2416/32, 2416/33. Note: Demarcation of lands from the above parcel Nos. indispensable to secure the track operation and track transport shall be made by geometric plan of demarcation in agreement with the founder. b) Locality Praha Dejvice Name: Description: Praha Dejvice Part of the railway station Praha Dejvice area demarcated by Václavkova, Svatovítská and, Milady Horákové streets up to railway crossing in the street K Brusce. From this locality the 25 lands are taken out that are indispensable to secure the track operation and track transport of the double-track line Praha Kladno (including the Praha – Ruzyně Airport expressway). Demarcation of the locality is given by Area identification characteristics. Area identification characteristics: District: Capital City of Praha Municipality: Praha, Praha 6 Cadastral area: Dejvice Immovable assets, parcel Nos.: 4293, 4294, 4292/1, 4292/13, 4292/14, 4292/15, 4292/16, 4292/20 Note: Demarcation of lands from the above parcel Nos. indispensable to secure the track operation and track transport operation will be made by the geometric plan of demarcation upon agreement with the founder. c) Locality Praha Vršovice Praha Vršovice Name: Description: see Area identification characteristics Area identification characteristics: District: Capital City of Praha Municipality: Praha, Praha 10 Cadastral area: Vršovice Immovable assets, parcel Nos.: 2212/1, 2212/7, 2503/1 Cadastral area: Strašnice Immovable assets, parcel Nos.: 4501/1, 4501/28, 4501/29, 4501/31, 4501/32, 4501/36, 4502, 4507, 4508, 4509, 4510 Cadastral area: Záběhlice Immovable assets, parcel Nos.: 1443, 2091/2, 5859 Note: Demarcation of lands indispensable to secure the track operation and track transport operation will be made by the geometric plan of demarcation upon agreement with the founder. d) Name: Locality Praha Libeň Praha Libeň 26 Description: see Area identification characteristics Area identification characteristics: District: Capital City of Praha Municipality: Praha, Praha 9 Cadastral area: Libeň Immovable assets, parcel Nos.: 4029/1, 4029/4, 4029/5, 4029/6, 4029/13, 4029/14, 4030/17, 4037/3, 4038, 4039, 4041, 4042, 4043, 4044, 4045, 4046, 4047, 4048, 4049, 4050, 4051, 4052 Cadastral area: Vysočany Immovable assets, parcel Nos.: 2116/2, 2116/4, 2116/5, 2116/6, 2116/7, 2005/6, 2116/3, 2116/1, 2119, 2121, 2141, 2142, 2143/1, 2143/2, 2143/3, 2148, 616/7, 823/1, 840/2, 840/3, 850/1, 850/2, 853, 855/1, 855/2, 856/1, 2006/5, 840/1, 2006/4 Note: Demarcation of lands indispensable to secure the track operation and track transport operation will be made by the geometric plan of demarcation upon agreement with the founder. B) Immovable assets: a) Ústí nad Labem - Kramoly Name: Land parcels Ústí nad Labem - Kramoly Description: Non-built-up lands in the city part determined by the streets Národního odboje, Varšavská, Hviezdoslavova, Mánesova, Kramoly and Děčínská. Demarcation of the locality is given by Area identification characteristics. Area identification characteristics: District: Ústí nad Labem Municipality: Ústí nad Labem Cadastral area: Střekov Lands, parcel Nos.: 2747, 2779, 2884 b) Children recreational camp Jitřenka v Luhu u Sušice Name: Descrition: Children recreational camp Jitřenka v Luhu u Sušice Area of children recreational camp made up of buildings and other immovable structures on lands demarcated by Area identification characteristics. 27 Area identification charcteristics: District: Klatovy Municipality: Město Sušice Cadastral area: Sušice nad Otavou Immovable assets, parcel Nos.: 1773, 1774, 2961, 1053/1 2. Buildings and lands a) Palace Sevastopol Name: Palace Sevastopol Description: Building no. 988 in Na Příkopě 31 street, including the builtup land. Area identification characteristics: District: Capital City of Praha Municipality: Praha, Praha 1 Cadastral area: Staré Město Land, parcel No.: 585 b) Politických vězňů 19 Name: Politických vězňů 19 Description: Building no. 1597 in Politických vězňů 19 street, including built-up land. Area identification characteristics: District: Capital City of Praha Municipality: Praha, Praha 1 Cadastral area: Nové Město Land, parcel No.: 87 c) Central Assembly Hall of Railwaymen Name: Národní dům – Central Assembly Hall of Railwaymen Description: Building No. 820, nám. Míru 9, including built-up land. 28 Area identification characteristics: District: Capital City of Praha Municipality: Praha, Praha 2 Cadastral area: Vinohrady Land, parcel No.: 99/0 d) Track machinery station Ústí nad Labem, part: building of dispatch of the railway station Duchcov Name: Track machinery station Ústí nad Labem, part – building of dispatch of the railway station Duchcov Description: Building of dispatch of the railway station Duchcov No. 309. including built-up land. Area identification characteristics: District: Teplice Municipality: Duchcov Cadastral area: Duchcov Land, parcel No.: 666 e) Track machinery station Ústí nad Labem, stone crushing plant Brniště technology Name: Track machinery station Ústí nad Labem, stone crushing plant Brniště - techhnology Description: A crushing plant, sorting plant and rail weighing-machine of the Brniště quarry. The crushing plant is situated on a private land in the Brniště quarry area. Area identification characteristics: District: Česká Lípa Municipality: Brniště Cadastral area: Brniště f) Name: Pardubice workshops for the repair of mechanisms, part: buildings and lands in Hradec Králové and part of lands in Pardubice with an unfinished investment (repair shop of cranes) Pardubice workshops for the repair of mechanisms 29 Description: An area in Hradec Králové and a repair shop of cranes under construction in Pardubice. Area identification characteristics: District: Hradec Králové Municipality: Hradec Králové Cadastral area: Plácky Lands, parcel Nos.: 783/3, 783/5, 785/1, 795, 2031/3, 1689, 826, 957, 1058, 1062, 1063, 1064, 1065, 1066, 1067 Cadastral area: Pražské Předměstí Land, parcel No.: 2031/3 District: Pardubice Municipality: Pardubice Cadastral area: Pardubice Land, parcel No.: 2802/28 g) SRUZ Praha, recreational and rehabilitation centre Chřibská Potoky Name: SRUZ Praha, recreational and rehabilitation centre Chřibská Potoky Description: An independent recreational and rehabilitation centre Chřibská Potoky No. 302. The centre comprises a single building and lands. Area identification characteristics: District: Děčín Municipality: Chřibská Cadastral area: Dolní Chřibská Lands, parcel Nos.: 806, 807 h) SRUZ Praha, recreational centre Horní Chřibská Name: Description: SRUZ Praha, recreational centre Horní Chřibská Independent recreational centre Horní Chřibská Nos. 157, 155, 186. It is composed of three buildings, of which one is serving for accommodation, the second serves management purposes 30 and the third is a tourist hostel; part of the centre is formed by lands. Area identification characteristics: District: Děčín Municipality: Rybniště Cadastral area: Rybniště Lands, parcel Nos.: 1011, 1017, 1018 i) SRUZ Praha, recreational centre Bedřichov Name: SRUZ Praha, recreational centre Bedřichov Description: Independent recreational centre Bedřichov No. 207. The centre comprises a single building and lands. Area identification characteristics: District: Jablonec nad Nisou Municipality: Bedřichov Cadastral area: Bedřichov u Jablonce nad Nisou Lands, parcel Nos.: 2/2, 265 j) SRUZ Praha, kindergarten Trávník, Česká Třebová Name: SRUZ Praha, kindergarten Trávník, Česká Třebová Description: An independent centre – Kindergarten Trávník, Habrmanova 1779, Česká Třebová, the basic mission of which is education, upbringing, food service for and care of pre-school children at the age from 3 to 6 years. Area identification characteristics: District: Ústí nad Orlicí Municipality: Česká Třebová Cadastral area: Česká Třebová Lands, parcel Nos.: 2240, 324/1, 331/1 k) Name: Track machinery station Olomouc, repair centre in Mohelnice Track machinery station Olomouc, repair centre in Mohelnice 31 Description: An independent privatised unit – machinery centre in Mohelnice. Centre comprises stores, social facilities and repair halls. Area identification characteristics: District: Šumperk Municipality: Mohelnice Cadastral area: Mohelnice Lands, parcel Nos.: 1306/2, 1902/1, 2915, 2916, 2917, 2918, 2919, 2922, 2923, 2924, 2925, 2926, 2927, 1905, 1902/2, 2889, 1907/2, 1903/102, 2920, 391, 392/2, 1297/2, 1297/3, 392/3, 1907/4, 2928/2, 2928/3, 2928/7 l) Drahstav Olomouc, building scetion Prostějov Name: Drahstav Olomouc, building section Prostějov Description: Building section of the former Drahstav Olomouc, composed of stores, workshops and an iron-plate garage. Area identification characteristics: District: Prostějov Municipality: Prostějov Cadastral area: Prostějov Land, parcel No.: 8100/23 m) Drahstav Olomouc, building section Olomouc - Prokop Holý barracks Name: Drahstav Olomouc, building section Olomouc - Prokop Holý barracks Description: Independently situated building of former barracks having no old number and not used at present time. Area identification characteristics: District: Olomouc Municipality: Olomouc Cadastral area: Hodolany Land, parcel No.: 180/20 n) Drahstav Olomouc, centre of mechanisation Olomouc 32 Name: Drahstav Olomouc, centre of mechanisation Olomouc Description: An area of the centre of mechanisation which was part of the Drahstav Olomouc. It is situated in houses No. 72 a 73 and on associated lands. Area identification characteristics: District: Olomouc Municipality: Olomouc Cadastral area: Pavlovičky Lands, parcel Nos.: 229, 82/7, 86/2, 230, 87, 81/4, 81/5, 82/5 o) Drahstav Olomouc, centre of mechanisation Olomouc - workshops Name: Drahstav Olomouc, centre of mechanisation Olomouc workshops Description: Area of the mechanisation centre/workshops which were part of the Drahstav Olomouc. Area identification characteristics: District: Olomouc Municipality: Olomouc Cadastral area: Pavlovičky Lands, parcel Nos.: 148, 84/2, 228, 82/8, 82/4 p) Drahstav Bohumín, centre of mechanisation and building section Bohumín Name: Drahstav Bohumín, centre of mechanisation and building section Bohumín Description: Area of buildings, stores and management sections for the provision of construction, transportation and mechanisation works in the Bohumín locality. Area identification characteristics: District: Karviná Municipality: Bohumín Cadastral area: Nový Bohumín Lands, parcel Nos.: 2575, 2574/16, 2574/1 - part 33 r) Drahstav Bohumín, part of the building section Opava Name: Drahstav Bohumín, part of the building section Opava Description: Area of buildings, stores and management sections for the provision of construction, transportation and mechanisation works in the Opava locality. Area identification characteristics: District: Opava Municipality: Opava Cadastral area: Opava - Předměstí Lands, parcel Nos.: 826/2, 827/1, 827/2, 830/1, 830/6, 832/2 s) Drahstav Bohumín, area of the building section Kunčice Name: Drahstav Bohumín, area of the building section Kunčice Description: Area of buildings, stores and workshops for the provision of construction, and maintenance works in the Ostrava locality. Area identification characteristics: District: Ostrava Municipality: Slezská Ostrava Cadastral area: Kunčice nad Ostravicí Land, parcel No.: 891 t) Drahstav Bohumín, part of the building section Český Těšín Name: Drahstav Bohumín, part of building section Český Těšín Description: Area of buildings, stores and workshops for the provision of construction, and maintenance works in the Český Těšín locality. Area identification characteristics: District: Karviná Municipality: Český Těšín Cadastral area: Český Těšín Land, parcel No.: 2279 34 u) Drahstav Bohumín, part of the building section Krnov Name: Drahstav Bohumín, part of the building section Krnov Description: Area of buildings, stores and workshops for the provision of construction, transportation and maintenance work in the Krnov locality. Area identification characteristics: District: Bruntál Municipality: Krnov Cadastral area: Krnov - Horní Předměstí Lands, parcel No.: 3196/1, 3197, 3199 v) SRUZ Olomouc, recreational centre Horní Žleb No. 12 Name: SRUZ Olomouc, recreational centre Horní Žleb Description: Independently privatised unit – recreational centre Horní Žleb No. 12, which comprises five building, lands and equipment. Area identification characteristics: District: Olomouc Municipality: Šternberk Cadastral area: Dalov Lands, parcel Nos.: 83, 111, 123, 820, 822/1 díl 1, 822/1 díl 2, 823/1, 825/1, 825/4, 832/2, 239 w) SRUZ Olomouc, recreational centre Eva, Horní Lomná Name: SRUZ Olomouc, recreational centre Horní Lomná Description: Independently privatised unit - recreational centre „Eva“, Horní Lomná No. 53. The privatised unit comprises stores, own waste water plant, and associated lands. Area identification characteristics: District: Frýdek - Místek Municipality: Horní Lomná Cadastral area: Horní Lomná Lands, parcel Nos.: 690, 2369/8, 2369/37, 735 35 x) SRUZ Olomouc, recreational centre Ochoz u Brna Name: SRUZ Olomouc, recreational centre Ochoz u Brna Description: An independently privatised unit - recreational centre „Říčky“, Ochoz u Brna No. 180. Privatised unit comprises main building, 10 huts and lands. Area identification characteristics: District: Brno – countryside Municipality: Ochoz u Brna Cadastral area: Ochoz u Brna Lands, parcel Nos.: 2157, 2158, 2159, 2160/1, 2160/2, 2160/3, 2160/4, 2160/5, 2160/6, 2160/7, 2160/8, 2160/9, 2160,10, 2160/11, 2160/12 y) SRUZ Olomouc, recreational centre Peřeje, Ostravice Name: SRUZ Olomouc, recreational centre Peřeje, Ostravice Description: An independently privatised unit - recreational centre Peřeje, Ostravice No. 185. The centre comprises two main buidlings, eight huts and associated lands. Area identification characteristics: District: Frýdek - Místek Municipality: Ostravice Cadastral area: Ostravice I Lands, parcel Nos.: 3023, 3022, 3021, 3020, 3019, 3018, 3017, 3016, 3015, 3014, 1172, 1066/6, 1066/5, 1066/3 z) SRUZ Olomouc, recreational and rehabilitation centre Niva, Luhačovice Name: SRUZ Olomouc, rekreational and rehabilitation centre Niva, Luhačovice Description: An independently privatised unit – rehabilitation centre and associated lands. Area identification characteristics: District: Zlín Municipality: Pozlovice Cadastral area: Pozlovice 36 rekreational and Lands, parcel Nos.: aa) 738, 739, 740, 1516/9, 1516/16, 1516/17, 1516/18, 1516/20, 809 SRUZ Olomouc, rekreational and rehabilitation centre Niva, Luhačovice – specified lands Name: SRUZ Olomouc, recreational and rehabilitation centre Niva, Luhačovice Description: An independently privatised unit – the privatisation of lands underneath of buildings and in the environs of buildings owned by other owner. Area identification characteristics: District: Zlín Municipality: Pozlovice Cadastral area: Pozlovice Lands, parcel Nos.: 1516/4, 737 a 743 bb) SRUZ Olomouc, canteen Envelopa, Olomouc Name: SRUZ Olomouc, canteen Envelopa, Olomouc Description: An independently privatised unit - canteen Envelopa, 17. listopad street, Olomouc. The canteen comprises a building, relevant engineering networks, lands, technology, work of art and land-scaping. Area identification characteristics: District: Olomouc Municipality: Olomouc Cadastral area: Olomouc - city Lands, parcel Nos.: 1656, 409/1, 409/2, 409/4, 409/5, 409/6, 409/7, 409/8 cc) SRUZ Olomouc, Nursery in Husitská street, Olomouc Name: SRUZ Olomouc, Jesle v Husitské street, Olomouc Description: Nursery in Olomouc, Husitská street No. 19, Olomouc. The object comprises two buildings and lands. Area identification characteristics: District: Olomouc 37 Municipality: Olomouc Cadastral area: Povel Lands, parcel Nos.: 601, 664, 529/1 dd) SRUZ Olomouc, recreational centre Argenta, Rýmařov Name: SRUZ Olomouc, recreational centre Argenta, Rýmařov Description: An independently privatised unit - recreational centre Argenta, Horní Město No. 3, Rýmařov. Recreational centre comprises main building, sauna and lands. Area identification characteristics: District: Bruntál Municipality: Horní Město Cadastral area: Stříbrné Hory Lands, parcel Nos.: 71/1, 71/2, 238/1, 236, 234/4, 235, 232, 838/2 ee) SRUZ Olomouc, recreational centre Kunčice pod Ondřejníkem Name: SRUZ Olomouc, Ondřejníkem recreational centre Kunčice pod Description: An independently privatised unit - recreational centre Kunčice pod Ondřejníkem, which comprises main building, three huts, stores and a hut for recreation. The structure also includes 13 small huts and a site of a ruin below Stolova. Area identification characteristics: District: Frýdek - Místek Municipality: Kunčice pod Ondřejníkem Cadastral area: Kunčice pod Ondřejníkem Lands, parcel Nos.: 243, 1513, 1514, 1515, 1516, 1517, 1518, 1519, 1520, 1521, 1522, 1523, 1524, 1525, 2064/1, 461, 590, 591, 1565/1, 1565/2, 1918/3, 1918/11, 1930/3 ff) Name: Railway hospital Praha, construction of a polyclinic Bohdalec, Praha Railway hospital Praha, construction of a polyclinic Bohdalec, Praha 38 Description: An area of a polyclinic under construction at the crossing of the streets U Plynárny, Záběhlická, Bohdalecká and Chodovská. Area identification characteristics: District: Capital City of Praha Municipality: Praha, Praha 4 Cadastral area: Michle Lands, parcel Nos.: 2540,2541/1, 2541/2, 2628, 2630/10, 2630/11, 3385, 2630/13 gg) Railway polyclinic České Budějovice, České Budějovice - stomatological surgery I. Name: Railway polyclinic České Budějovice, České Budějovice – stomatological surgery I. Description: Movable assets. Area identification characteristics: District: České Budějovice Municipality: České Budějovice Cadastral area: České Budějovice 1 hh) Railway polyclinic České Budějovice, České Budějovice - stomatological surgery II. Name: Railway polyclinic České Budějovice, České Budějovice stomatological surgery II. Description: Movable assets. Area identification characteristics: District: České Budějovice Municipality: České Budějovice Cadastral area: České Budějovice 1 ii) Railway polyclinic České Budějovice, České Budějovice - rehabilitation. Name: Railway polyclinic České Budějovice, České Budějovice rehabilitation Description: Movable assets. 39 Area identification characteristics: District: České Budějovice Municipality: České Budějovice Cadastral area: České Budějovice 1 jj) Railway polyclinic České Budějovice, České Budějovice - ECG centre. Railway polyclinic České Budějovice, České Budějovice ECG centre. Name: EKG Description: Movable assets. Area identification characteristics: District: České Budějovice Municipality: České Budějovice Cadastral area: České Budějovice 1 kk) Railway polyclinic České Budějovice, České Budějovice - dermatological surgery. Name: Railway polyclinic České Budějovice, České Budějovice – dermatological surgery. Description: Movable assets. Area identification characteristics: District: České Budějovice Municipality: České Budějovice Cadastral area: České Budějovice 1 ll) Railway polyclinic České Budějovice, České Budějovice – biochemical laboratory Name: Railway polyclinic České Budějovice, České Budějovice – biochemical laboratory Description: Movable assets. Area identification characteristics: District: České Budějovice 40 Municipality: České Budějovice Cadastral area: České Budějovice 1 mm) Railway polyclinic České Budějovice, J. V. Sládka, Veselí nad Lužnicí Name: Railway polyclinic České Budějovice, J. V. Sládka, Veselí nad Lužnicí Description: Independentyl privatised unit, J. V. Sládka 699, Veselí nad Lužnicí. Building, movable assets and a land. Area identification characteristics: District: Tábor Municipality: Veselí nad Lužnicí Cadastral area: Veselí nad Lužnicí Land, parcel No.: 3419/39 nn) Railway polyclinic Plzeň, Resslova 4, Plzeň Name: Railway polyclinic Plzeň, Resslova 4, Plzeň Description: Building No. 4 in Resslova street, including lands. Area identification characteristics: District: Plzeň Municipality: Plzeň Cadastral area: Plzeň Lands, parcel Nos.: 5863, 5864 oo) Railway hospital Ústí nad Labem, Hankova 2 - nový objekt, Děčín Name: Railway hospital Ústí nad Labem, Hankova 2 – new building, Děčín Description: Object No. 2 in Hankova street, including built-up land. Area identification characteristics: District: Děčín Municipality: Děčín Cadastral area: Podmokly 41 Land, parcel No.: pp) 800/5 Railway polyclinic Přerov, Na Višňovce 1134, Hulín Name: Railway polyclinic Přerov, Na Višňovce 1134, Hulín Description: Object No. 1134 v street Na Višňovce, including built-up land. Area identification characteristics: District: Kroměříž Municipality: Hulín Cadastral area: Hulín Land, parcel No.: 1965/9 rr) Railway polyclinic Brno, Křídlovická 78 - stavba polikliniky Brno Name: Railway polyclinic Brno, Křídlovická 78 - stavba polikliniky Brno Description: Independently privatised unit – unfinished building. Area identification characteristics: District: Brno město Municipality: Brno střed Cadastral area: Štýřice Lands, parcel Nos.: 141, 142, 143, 144, 145, 146/2, 147, 148 ss) Railway polyclinic Brno, Křídlovická 78 – stomatological surgery and laboratory Name: Railway polyclinic Brno, Křídlovická 78 – stomatological surgery and laboratory Description: Movable assets. Area identification characteristics: District: Brno city Municipality: Brno centre Cadastral area: Staré Brno tt) Bridge district Pardubice, unfinished building Záboří nad Labem 42 Name: Bridge district Pardubice, unfinished building Záboří nad Labem Description: Unfinished reinforced concrete hall with an internal siding. The hall is part of the bridge district area in Záboří nad Labem. Area identification characteristics: District: Kutná Hora Municipality: Záboří nad Labem Cadastral area: Záboří nad Labem Land, parcel No.: 331 uu) Bridge district Ústí nad Labem, part of the weighing-centre in Jablonné v Podještědí Name: Bridge district Ústí nad Labem, part of the weighingcentre in Jablonné v Podještědí Description: Area of the weighing-centre premises v Podještědí; it comprises a building and halls. in Jablonné Area identification characteristics: District: Česká Lípa Municipality: Jablonné v Podještědí Cadastral area: Jablonné v Podještědí Land, parcel No.: 520 – a geometric plan of demarcation has been developed, and it has not been registered so far. vv) Bridge district Ústí nad Labem, part of the bridge district Duchcov Name: Bridge district Ústí nad Labem, part of the bridge district Duchcov Description: Object of the locksmith’s workshop, including land. Area identification characteristics: District: Teplice Municipality: Duchcov Cadastral area: Duchcov Land, parcel No.: 775 43 ww) Permanent-way district Ostrava, part of the mechanisation centre on Sazovna Name: Permanent-way district Ostrava, part of the mechanisation centre on Sazovna Description: Area comprising object No. 1110, in which the garages, workshops, store and work tracks are located – all designed to provide for transportation and mechanisation work in the Ostrava locality. Area identification characteristics: District: Ostrava Municipality: Ostrava Cadastral area: Přívoz Lands, parcel Nos.: 3045, 1587, 497/22 xx) Permanent-way district Kladno, part: mechanisation district Kladno Name: Permanent-way district Kladno, part: mechanisation district Kladno Description: A technologically integrated unit. Main activity consist in the repair of the rails, complex reconstruction of the rails, repair and reconstruction of the switches, capital and medium repair of rails and switches. Area identification characteristics: District: Kladno Municipality: Kladno Cadastral area: Kročehlavy Land, parcel No.: 3813/1 yy) Permanent-way district Kralupy nad Vltavou, part of the bridge district Vraňany Name: Permanent-way district Kralupy nad Vltavou, part of the bridge district Vraňany Description: Bridge district area providing for the operations in the field of land, transport, bridge and engineering constructions, including storage and business operations. Area identification characteristics: 44 District: Mělník Municipality: Vraňany Cadastral area: Vraňany Lands, parcel Nos.: 478/3, 478/4, 307, 308, 39, 310, 311, 312, 313, 314 zz) Permanent-way district Liberec, part of the mechanisation district Liberec Name: Permanent-way district Liberec, part of the mechanisation district Liberec Description: Area of the mechanisation district of the former permanentway district Liberec used to provide for the repairs of the rail mechanisation and road machines, including store rooms. Area identification characteristics: District: Liberec Municipality: Liberec Cadastral area: Liberec Lands, parcel Nos.: 6173/6, 6173/7, 6237, 6238 aaa) Railway economic centre Praha, supplies works Česká Lípa - část II. Name: Railway economic centre Praha, supplies works Česká Lípa II. Description: Centre for supply operations, procurement, store-room and distribution of materials and goods, including all associated operations. Storage with a shop, garage, iron-plated shed, mobile units for material and technological supplies, steel hall – store-room. Area identification characteristics: District: Česká Lípa Municipality: Česká Lípa Cadastral area: Česká Lípa Lands, parcel Nos.: 5277, 5289, 5288/1, 5288/4, 5288/5, 5288/6, 5288/7, 5290/2, 5290/7 bbb) Name: Railway economic centre Praha, supplies works Chomutov Railway economic centre Praha, supplies works Chomutov 45 Description: Centre for supply operations, procurement, store-room and distribution of materials and goods, including all associated operations. Store-room with a shop, administrative building, garages, store-room and a ramp, porter’s lodge, social facilities, exchanger station, three-isled hall, store-room for combustibles, track No. 318, track No. 318 c, crane runway. Area identification characteristics: District: Chomutov Municipality: Chomutov Cadastral area: Chomutov I Lands, parcel Nos.: 3793/2, 3793/3, 3793/12, 3793/11, 3793/40, 3793/54, 3793/55, 5793/56, 3951/1, 93/40, 3952 ccc) Information technology centre, part: Tesco building and an object in Ústí nad Labem Name: Information technology centre, part: Tesco building and an object in Ústí nad Labem Description: Tesco object No. 5, Skloněná street, Praha and object No. 2, Podmokelská street, Ústí nad Labem, including built-up land. Objects for the operation and management of information system, maintenance of SW applications, training and education of computer users and provision of services. Area identification characteristics: District: Capital City of Praha Municipality: Praha, Praha 9 Cadastral area: Vysočany District: Ústí nad Labem Municipality: Ústí nad Labem - city Cadastral area: Krásné Březno Land, parcel No.: 1 ddd) Former club-house of railwaymen, Přerov Name: Former club-house of railwaymen in Přerov Description: Object No. 238 at the 17. listopad avenue, including built-up land. 46 Area identification characteristics: District: Přerov Municipality: Přerov Cadastral area: Přerov Land, parcel No.: 3035 eee) Former club-house of railwaymen, Chomutov Name: Former club-house of railwaymen in Chomutov Description: Object No. 2999 in Jiráskova street, including built-up land. Area identification characteristics: District: Chomutov Municipality: Chomutov Cadastral area: Chomutov II Land, parcel No.: 198 fff) Former club-house of railwaymen, Most Name: Former club-house of railwaymen in Most Description: Object No. 2455 in Dvořákova street, including built-up land and associated land. Area identification characteristics District: Most Municipality: Most Cadastral area: Most I Lands, parcel Nos.: 3785, 3801 Residual price as at 30. June 2000 = 321 300 CZK ggg) Former club-house of railwaymen, Žatec Name: Former club-house of railwaymen in Žatec Description: Object No. 625 in Roosewelt street, including built-up land and associated lands. Area identification characteristics 47 District: Louny Municipality: Žatec Cadastral area: Žatec Lands, parcel Nos.: 98, 4443/5, 6770/8 hhh) Building „Národní dům“ Česká Třebová Name: Building „Národní dům“ Česká Třebová Description: Object No. 565 in Kozlovská street, including built-up land and associated lands. Area identification characteristics: District: Ústí nad Orlicí Municipality: Česká Třebová Cadastral area: Česká Třebová Lands, parcel Nos.: 518/1, 518/6, 518/7, 518/9, 2388/2, 3584/8 iii) Recreational centre Hluboká Name: Former recreational facilities Hluboká Description: Object No. 23, including built-up land and associated lands. Area identification characteristics: District: Liberec Municipality: Liberec Cadastral area: Hluboká u Liberce Lands, parcel Nos.: 16, 224/2, 225/2, 237 jjj) Former polyclinic Louny Name: Former polyclinic Louny Description: Object No. 1657 at Tyršovo place, including built-up land. Area identification characteristics District: Louny Municipality: Louny 48 Cadastral area: Louny Land, parcel No.: 2555 kkk) Former training centre Výsluní Name: Former training centre Výsluní Description: Area of objects Nos.: 1, 24, 25, 45, 129, 130 a 140, including built-up lands and associated lands. Area identification characteristics District: Chomutov Municipality: Výsluní Cadastral area: Výsluní Lands, parcel Nos.: 100, 101, 102, 129, 154, 168, 183, 186, 188, 189 lll) Unfinished railway car repair shop building Louka u Litvínova Name: Unfinished railway car repair shop building Louka u Litvínova Description: Area of objects of working halls, including machinery equipment. Area identification characteristics District: Most Municipality: Louka u Litvínova Cadastral area: Louka u Litvínova Lands, parcel Nos.: 161/7, 349, 350, 351, 352, 353 mmm) Former training centre Benátecká Vrutice Name: Former training centre Benátecká Vrutice Description: Object No. 69, including built-up land. Area identification characteristics District: Nymburk Municipality: Milovice Cadastral area: Benátecká Vrutice Land, parcel No.: 100 49 nnn) Kindergarten Cheb Name: Former kindergarten area Description: Objects Nos.: 2038, 2039, 2040 a 2041 in Dragounská street, including built-up lands and associated lands. Area identification characteristics: District: Cheb Municipality: Cheb Cadastral area: Cheb Lands, parcel Nos.: 6044, 6045, 6046, 6047, 1755/3, 1755/2 ooo) Former residential house Kaštice Name: Former residential house Description: Object No. 44, including built-up land. Area identification characteristics: District: Louny Municipality: Podbořany Cadastral area: Kaštice Land, parcel No.: 141 ppp) Training and recreational centre Klikov Name: Training and recreational centre Description: Object No. 173, including built-up land. Area identification characteristics: District: Jindřichův Hradec Municipality: Suchdol nad Lužnicí Cadastral area: Klikov Land, parcel No.: 196 rrr) Administrative building in Nymburk Name: Administrative building 50 Description: Object No. 382 in Nádražní street, including built-up land. Area identification characteristics District: Nymburk Municipality: Nymburk Cadastral area: Nymburk Land, parcel No.: 458 sss) Former hostel building in Nymburk Name: Former hostel building Description: Object No. 296 in the district of the railway station Nymburk Area identification characteristics: District: Nymburk Municipality: Nymburk Cadastral area: Nymburk Land, parcel No.: 3367 ttt) Lands of the former dumping site Brno - Černovice Name: Lands of the former dumping site Brno - Černovice Description: Lands at the railway line Brno - Veselí nad Moravou. Area identification characteristics District: Brno - city Municipality: Brno Cadastral area: Černovice Lands, parcel Nos.: 2836, 2797/2 uuu) Lands in Ostrava - Přívoz Name: Lands in Ostrava- Přívoz Description: The lands are situated outside the district of the railway line, within the urban built-up area. Area identification characteristics 51 District: Ostrava Municipality: Ostrava Cadastral area: Přívoz Lands, parcel Nos.: 353, 386, 373/3, 373/7 3. Housing objects approved for privatisation It is the case of housing objects, including their built-up lands, other associated lands and technological facilities not to be privatised as at the date of the incorporation of the Czech Railways, joint stock company. The list of non-privatised housing objects will be drawn up as at that date. 4. Other dispensable assets a) Track Velké Březno - Lovečkovice (- Verneřice) - Úštěk upper railway station Name: Track Velké Březno - Lovečkovice (- Verneřice) - Úštěk upper railway station Description: Track Velké Březno - Lovečkovice (- Verneřice) - Úštěk upper railway station, including associated buildings and lands. Area identification characteristics: District: Ústí nad Labem Municipality: Velké Březno Cadastral area: Velké Březno Lands, parcel Nos.: 559/2, 735, 736, 759, 30/3, 762, 849 District: Malé Březno Cadastral area: Malé Březno Lands, parcel Nos.: 357, 372, 475 Cadastral area: Leština u Malého Března Land, parcel No.: 188 Municipality: Zubrnice Cadastral area: Zubrnice Land, parcel No.: 633 52 Cadastral area: Týniště u Zubrnic Lands, parcel Nos.: 119, 190, 191 District: Litoměřice Municipality: Lovečkovice Cadastral area: Knínice u Touchořin Lands, parcel Nos.: 1501, 1502 Cadastral area: Touchořiny Lands, parcel Nos.: 787, 788, 789, 790, 791, 792, 793 Cadastral area: Lovečkovice Lands, parcel Nos.: 143/6, 143/7, 1201, 1202, 1203, 1205/1, 1205/2, 1206, 1207 Cadastral area: Levínské Petrovice Lands, parcel Nos.: 882, 883, 884 Cadastral area: Mukařov u Úštěku Lands, parcel Nos.: 520, 885, 886, 887, 888, 889, 890, 894, 895/1, 895/2 District: Levín Cadastral area: Levín u Litoměřic Lands, parcel Nos.: 1120, 1121, 1122, 1123, 1124/1, 1125, 1126, 1127 Cadastral area: Dolní Vysoké II Lands, parcel Nos.: 750, 751, 752, 753 District: Úštěk Cadastral area: Dolní Vysoké I Lands, parcel Nos.: 754, 755, 756, 757, 758 Cadastral area: Habřina u Úštěku Lands, parcel Nos.: 2418, 2419, 2420, 2421, 2422, 2423, 2424, 2426 Cadastral area: Úštěk Lands, parcel Nos.: 753/7, 813, 831, 832, 833, 834, 3168 District: Liběšice 53 Cadastral area: Srdov Land, parcel No.: 949 District: Děčín Municipality: Verneřice Cadastral area: Verneřice Lands, parcel Nos.: 321/3, 321/4, 321/16, 345, 375, 2215/1 b) Track Česká Kamenice - Kamenický Šenov - Prácheň Name: Track Česká Kamenice - Kamenický Šenov - Prácheň Description: Regional track Česká Kamenice - Kamenický Šenov (Prácheň), including associated buildings and lands. Area identification characteristics: District: Děčín Municipality: Česká Kamenice Cadastral area: Česká Kamenice Lands, parcel Nos.: 2638/1, 2638/3, 2638/4, 2638/5,1271/1, 666/1 Cadastral area: Horní Kamenice Land, parcel No.: 1271/1 District: Česká Lípa Municipality: Kamenický Šenov Cadastral area: Kamenický Šenov Lands, parcel Nos.: 2768/1, 2331/6, 644, 645, 2778, 2779, 2780, 2770/2, 2770/3, 2781, 2782, 2783, 2784, 2785, 2786, 758/5, 735/4, 923/2, 645/5 District: Prysk Cadastral area: Dolní Prysk Land, parcel No.: 848 Cadastral area: Horní Prysk Lands, parcel Nos.: 1627, 853/2, 853/3, 837/4 54 c) Former siding Kladno - Dubí - Tuháň Name: Former siding Kladno - Dubí - Tuháň Description: Siding in the length of about 3 km, not in operation at present. Area identification characteristics District: Kladno Municipality: Vinařice Cadastral area: Vinařice u Kladna Lands, parcel Nos.: 1911/1, 1932/1, 1934 District: Kladno Cadastral area: Kladno Lands, parcel Nos.: 6180, 6181, 6256, 6259 Cadastral area: Motyčín Lands, parcel Nos.: 969, 1099, 1121, 1177, 1179/2 Cadastral area: Dubí u Kladna Lands, parcel Nos.: 1741, 1771/1 55