This Protocol became effective on 1 December 2010.

Transcription

1 NOVEMBER 2010 AMENDMENT TO TREATY ON PREVENTION OF DOUBLE TAXATION BETWEEN SLOVAKIA AND THE NETHERLANDS page: 1 REGULATION ON AMOUNT OF COSTS FOR USING OF SELECTED PARTS OF HIGHWAYS AND MOTORWAYS page: 1 ACT ON GRANTS FOR HOUSING DEVELOPMENT AND ON SOCIAL LIVING page: 1 ACT ON PROVISION OF GRANTS IN COMPETENCE OF MINISTRY OF DEFENSE OF SLOVAKIA page: 2 ACT ON PROVISION OF GRANTS IN COMPETENCE OF MINISTRY OF CULTURE OF SLOVAKIA page: 3 AMENDMENT TO ACT ON RAILWAYS page: 3 DECREE ON MANNER OF ENERGY EFFICIENCY AND INTENSITY CALCULATION page: 4 GOVERNMENT REGULATION ON AMOUNT OF LEVY FROM SUPPLIED ELECTRICITY AND MANNER OF ITS COLLECTION FOR NATIONAL NUCLEAR FUND page: 4 CHANGE OF ACT ON NATIONAL HOLIDAYS, DAYS OF BUSINESS HOLIDAYS AND MEMORIAL DAYS page: 5 OTHER SIGNIFICANT LEGAL REGULATIONS page: 5 JUDICIAL DECISIONS page: 7 EFFECTS OF WITHDRAWAL FROM CONTRACT page: 7 AMENDMENT TO TREATY ON PREVENTION OF DOUBLE TAXATION BETWEEN SLOVAKIA AND THE NETHERLANDS (Announcement of the Ministry of Foreign Affairs of the Slovak Republic No. 450/2010 Coll. on Conclusion of Protocol between the Slovak Republic and The Kingdom of the Netherlands, by which the Treaty between the Czechoslovak Socialist Republic and The Kingdom of the Netherlands on Prevention of Double Taxation and Tax Evasion in Field of Income and Property Tax and Protocol thereto) According to this Announcement, the Protocol between the Slovak Republic and The Kingdom of the Netherlands on Prevention of Double Taxation and Tax Evasion in the Field of Income and Property Tax was signed on 7 June By acceptation of this Protocol, several changes have been made in the original Treaty between the Czechoslovak Socialist Republic and The Kingdom of the Netherlands. The most important changes include modification of taxation of salaries, wages and other similar remunerations paid by one of the states or one of its lower administration organization units or local bodies to natural person for service provided to this state, organization unit or body. National Council of the Slovak Republic agreed with the Protocol on 8 September 2010 and decided that it has the statute of international treaty which has priority over acts. The President of the Slovak Republic ratified the Protocol on 18 October This Protocol became effective on 1 December June 1999 on the charging of heavy goods vehicles for the use of certain infrastructures as amended by the Act concerning the conditions of accession attached to the Treaty of Accession of the Slovak Republic to the European Union, Directive of the European Parliament and of the Council 2006/38/EC of 17 May 2006 and Directive of the Council 2006/103/EC of 20 November This Regulation stipulates the amount of costs for using selected parts of highways and motorways marked by road signs depending on the total weight of each motor vehicle, drive sets and the attached vehicles. This Regulation repeals the Regulation of the Government of the Slovak Republic No. 427/2008 Coll., which Stipulates Amount of Costs for Using of Selected Parts of Highways and Motorways for Motor Vehicles under 3.5 ton. This Regulation will become effective from 1 January ACT ON GRANTS FOR HOUSING DEVELOPMENT AND ON SOCIAL LIVING (Act No. 443/2010 Coll. on Grants for Housing Development and on Social Living) This Act regulates scope, manner and conditions for providing of financial means in form of grants for housing development that includes acquisition rental flats for purpose of social living, acquisition of technical equipment and removal of systematic faults of blocks of flats. Štúrova Bratislava, Slovak Republic tel.: (421-2) fax: (421-2) office@cechova.sk branch: Avenue d Auderghem 36 B-1040, Brussels, Belgium Tel.: +32 (0) fax: +32 (0) brussels@cechova.sk REGULATION ON AMOUNT OF COSTS FOR USING OF SELECTED PARTS OF HIGHWAYS AND MOTORWAYS (Regulation of the Government of the Slovak Republic No. 444/2010 Coll. on Amount of Costs for Using of Selected Parts of Highways and Motorways for Motor Vehicles and Other Types of Vehicles) This Regulation transposed to the Slovak legal system Directive 1999/62/EC of the European Parliament and of the Council of The Act defines several terms for the purpose of this Act, differently from definitions contained in other acts, such as blocks of flats, family house, residential premises, equipment of house, floor area of flat, common premises, non-residential premises, technical equipment etc. Pursuant to this Act, applicant for the grant may be the municipality or the municipal

2 NOVEMBER part in Bratislava or Ko ice, higher territorial unit, housing association, administrator of block of flats or association of owners of residential and non-residential premises. Apart from specific requirements for providing particular kinds of grants, this Act stipulates also general requirements for provision of grants. Grant under this Act may be provided, if the applicant proves, that it has financial resources in amount of difference between qualified expenses and the amount of grant requested, if the applicant did not start with construction before filing the application for grant provision except for the application by which the effects of natural disaster are solved, and if the applicant binds itself to secure a professional building construction supervisor at construction. The applicant must fulfill at the same time conditions stipulated by a special regulation. Grant may be provided on the basis of a written application for provision of grant, submitted by the applicant to the Ministry of Transport, Construction and Regional Development of the Slovak Republic via the regional construction authority competent according to the location of construction. The Act also stipulates requisites of such application, including identification data of the applicant, data on construction, calculation of the required amount of grant, evidence on financial coverage for realization of the purpose, documents evidencing fulfillment of conditions stipulated by this Act, as well as consent of the applicant with processing of data mentioned in the application pursuant to a special act. The application must be filed on the form, specimen of which shall be determined by the Ministry of Transport, Construction and Regional Development of the Slovak Republic by its measure issued in the Collection of Laws of the Slovak Republic. Documents listed in the application form shall form annex thereto. The Act also specifies the term of social living in accordance with conditions regulated in the European Union states. Conditions regulated by this Act shall refer also to the contracts concluded pursuant to previous legal regulations regulating provision of grants for housing development. The inspection over performance of conditions shall be secured by the Ministry and the respective construction authorities. This Act will be effective on 1 January ACT ON PROVISION OF GRANTS IN COMPETENCE OF MINISTRY OF DEFENSE OF SLOVAKIA (Act No. 435/2010 Coll. on Provision of Grants in Competence of the Ministry of Defense of the Slovak Republic) This Act determines the purpose, conditions, scope and inspection over grants provision in competence of the Ministry of Defense of the Slovak Republic. Grant according to this Act may be provided for example for educational activities, sport undertakings, sportdefense undertakings, cultural undertakings or social undertakings oriented for support education of citizens of the Slovak Republic to nationality, for informing the public about NATO and the European Union, preparation of citizens for defense of the Slovak Republic, presentation of Armed Forces of the Slovak Republic, support of cultural, spiritual and social needs of professional soldiers, ambuscade soldiers and war veterans as well as care support of sport talents and support of top sport and performance sport, protection and development of historical and cultural inheritance oriented on war history, as well as for other purposes specified by this Act. This Act regulates also the possibility of providing grant to refund the increased expenses on agricultural production due to reason of training armed forces of the Slovak Republic in military zone, for activities related to maintenance of ecological stability, favorable state of environment and for elimination of natural disaster consequences in military zone or in areas serving to secure defense tasks of state specified by law.

3 NOVEMBER This Act regulates also the sphere of applicants, process of filing of applications and manner of grants provision and inspection. Specimen of the application for provision of grant forms annex to the Act. This Act will become effective on 1 January ACT ON PROVISION OF GRANTS IN COMPETENCE OF MINISTRY OF CULTURE OF SLOVAKIA (Act No. 434/2010 Coll. on Provision of Grants in Competence of the Ministry of Culture of the Slovak Republic) This Act regulates purpose, scope, manner and conditions for provision of grants in competence of the Ministry of Culture of the Slovak Republic. Ministry of Culture of the Slovak Republic can provide grants according to this Act for the purpose of creation and propagation of works of art and their reflections, protection, restoration and development of cultural inheritance, support of international cooperation in cultural area, cultural creation and leisure time cultural activities, cultural education programs as well as cultural activities of health disabled people or other handicapped groups of citizens. According to this Act, grant may be provided also for support of accessing cultural values to pupils of basic schools, students of high schools and to teaching staff of basic and high schools and for partial projects related to the projects of European capital city of culture as well as for support of project, for which realization the applicant obtained a grant from the European Union through program created by the European Union for cultural branches and cultural subjects, if such project supports the applied realization of goals of the European Union in relationship to the Slovak Republic. This Act regulates the sphere of persons, which can be applicants for grant provision, area of grant provision and conditions which the applicant must fulfill. The Act regulates also the manner of grant provision as well as annexes to the application. Before the written application is given, it is necessary, that the applicant at the same time fills in the electronic form with needed data on web residence of the Ministry of Culture of the Slovak Republic. On the basis of such electronic form, the applicant has at the same time possibility to obtain continuous information on the status of processing of its application. This Act also regulates exercise of following inspections and sanctions for violation of financial discipline. This Act will be effective on 1 January AMENDMENT TO ACT ON RAILWAYS (Act No. 433/2010 Coll. amending and supplementing Act No. 513/2009 Coll. on Railways and on amending and supplementing certain acts, amending and supplementing certain Acts) Reason of amendment of this Act is adoption of the Commission Directive 2009/149/EC of 27 November 2009 amending Directive 2004/49/EC of the European Parliament and of the Council as regards Common Safety Indicators and common methods to calculate accident costs and adoption of the Commission Directive 2009/131/EC of 16 October 2009 amending Annex VII to Directive 2008/57/EC of the European Parliament and of the Council on the interoperability of the rail system within the Community. By adoption of the Commission Directive 2009/149/EC we proceed to Common Safety Indicators and common calculation of costs in case of accidents. By transposition of the Commission Directive 2009/131/EC, the list of control parameters for introduction of rail vehicles to operation is being amended, which are not in concordance with technical specification of interoperability. This Act also amends and supplements the Act on Transport on Railways and Act on Small Offences as amended. This Act became effective on 1 December 2010.

4 NOVEMBER DECREE ON MANNER OF ENERGY EFFICIENCY AND INTENSITY CALCULATION (Decree of the Ministry of Economy of the Slovak Republic No. 428/2010 Coll. regulating Scope of Evaluation and Manner of Calculation of Energy Efficiency and Energy Intensity) The Ministry of Economy of the Slovak Republic issued this Decree pursuant to Act No. 476/2008 Coll. on Efficiency by Using Energy (Act on Energy Efficiency) and amending and supplementing Act No. 555/2005 Coll. on Energy Economic Efficiency of Buildings and amending and supplementing certain Acts as amended Act No. 17/2007 Coll. This Decree regulates in its annexes scope of evaluation and manner of calculation of energy efficiency of electricity transport and distribution of electricity (Annex No. 1 and Annex No. 2), scope of evaluation and manner of calculation of energy intensity of transport and distribution of gas (Annex No. 3 and Annex No. 4), scope of evaluation and manner of calculation of energy intensity of transport of driving fuel or oil (Annex No. 5 and Annex No. 6), scope of evaluation and manner of calculation of energy efficiency of distribution of heat (Annex No. 7), scope of evaluation and manner of calculation on energy intensity of public water-supplies operation (Annex No. 8) and public sewerage operation (Annex No. 9). This Decree became effective on 1 December GOVERNMENT REGULATION ON AMOUNT OF LEVY FROM SUPPLIED ELECTRICITY AND MANNER OF ITS COLLECTION FOR NATIONAL NUCLEAR FUND (Regulation of the Government of the Slovak Republic No. 426/2010 Coll. on Amount of Levy from Supplied Electricity to Final Customers and Manner of its Collection for National Nuclear Fund for Elimination of Nuclear Equipment and for Disposal with Burned Nuclear Fuel and Radioactive Waste) Adopted Regulation regulates the amount of levy for covering the debt, which will be transferred to the account of the National Nuclear Fund for elimination of nuclear equipment and for disposal with burned nuclear fuel and radioactive waste. This Regulation also stipulates sphere of subjects, which are obligated to pay this levy. According to this Regulation, the levies will be used to cover (i) expenses related to elimination of nuclear power station A1 Jaslovske Bohunice from operation including expenses for disposal of radioactive waste from this elimination, (ii) for part of elimination expenses of nuclear power station V1 Jaslovske Bohunice from operation, which is created by the difference of total expenses on elimination of nuclear power station V1 Jaslovske Bohunice and delivered financial resources for elimination of nuclear power station until year 1995 included expenses for disposal with radioactive waste from this elimination, (iii) expenses for disposal with burned nuclear fuel from nuclear power station V1 Jaslovske Bohunice. The Regulation stipulated the effective rate for year 2011 for covering the debt to EUR 3.00 for megawatt hour of electricity supplied to final customers of electricity connected to transmission system and to final customers of electricity connected to distribution system, quantity of electricity distributed and made in local distribution system and electricity made and distributed by producers of electricity to final customers of electricity without using the system or consumed energy directly by producer of electricity in place of production except for own electricity consumption by production of electricity, own electricity consumption by producer and electricity for purpose of overdraft in overdraw hydroelectric power plants. The effective rate will be annually as of 1 July of the given year increased by coefficient of nuclear inflation for previous year, stipulated by Statistic Office of the Slovak Republic, rounded to two digits. This Regulation will become effective on 1 January 2011.

5 NOVEMBER CHANGE OF ACT ON NATIONAL HOLIDAYS, DAYS OF BUSINESS HOLIDAYS AND MEMORIAL DAYS (Act No. 424/2010 Coll., amending and supplementing Act of the National Council of the Slovak Republic No. 241/1993 Coll., on National Holidays, Days of Business Holidays and Memorial Days as amended) Purpose of this Act is to memorialize with dignity deceased miners, who tragic died at performance of their duties. This Act is responding especially to miner tragedy in Handlova Mine of 10 August August was by this Act declared as a Memorial Day as Day of Miner Accidents Victims. Another Memorial Day will be 1 May, as Day of the Slovak Republic Accession to the European Union. This Act will be effective on 1 April Other significant legal regulations published in the Collection of Laws in the month of November 2010 are as follows: 449/2010 Coll. on Conclusion of International Treaty on Vegetable Genetic Sources for Nutrition and Agriculture, - Decree of the Ministry of Environment of the Slovak Republic No. 448/2010 Coll., executing Act No. 205/2004 Coll. on Collecting, Keeping and Dissemination of Information on Environment and Amending and Supplementing Certain Other Acts as amended, - Finding of the Constitution Court of the Slovak Republic No. 447/2010 Coll. File No. PL. ÚS 23/06 of 2 June 2010 regarding Pronouncement of Discordance of Provision of Sec. 13 para. 2 lett. j) in part on expenses of enterprise in conjunction with Provision of Sec. 56 para. 2 in part Section 13 para. 2 letter j) or of the Act No. 610/2003 Coll. on Electronic Communications as amended with Article 1 of Protocol to the Convention for the Protection of Human Rights and Fundamental Freedoms, - Regulation of the Government of the Slovak Republic No. 445/2010 Coll., Amending and Supplementing Regulation of the Government of Slovak Republic No. 294/2005 Coll. on Measuring Devices, - Regulation of the Government of the Slovak Republic No. 441/2010 Coll., Amending and Supplementing Regulation of the Government of the Slovak Republic No. 67/2007 Coll. on Monitoring and Information System for Sea Voyage, - Act No. 440/2010 Coll., Amending and Supplementing Act No. 435/2000 Coll., on Sea Voyage as amended, 439/2010 Coll. on Conclusion of Protocol on Strategic Environmental Evaluation to Convention on Valuation of Effects on Environment Exceeding State Borders, - Measure of Statistic Office of the Slovak Republic No. 438/2010 Coll., Stipulating Details on Characteristics, Basic Signs and Structure of Investigated Information and on Issue of the Form for Census of Citizens, Houses and Flats in Year 2011, - Edict of the Ministry of Foreign Affairs of the Slovak Republic No. 437/2010 Coll., Amending and Supplementing Edict of the Ministry of Foreign Affairs of the Slovak Republic No. 424/2009 Coll. on Details of Calculation of Salary Index for Purpose of Foreign Function Salary, - Decree of Statistic Office of the Slovak Republic No. 436/2010 Coll., Amending and Supplementing Decree of Statistic Office of the Slovak Republic No. 416/2008 Coll. on Issuance of Program of the State Statistic Findings for years as amended by Decree No. 540/2009 Coll., 432/2010 Coll., on Conclusion of Treaty between the Government of the Slovak Republic and Swiss Federal Council on Performance of Paid Gainful Activities of Family Members of Employees of Diplomatic Missions, Consular Authorities and Standing Missions,

6 NOVEMBER /2010 Coll. on Conclusion of Treaty on Cooperation between Slovak Office of Standards, Metrology and Testing and Ukraine State Board for Technical Regulation and Customer Policy in Field of Standards, Metrology and Conformity Assessment, - Announcement of the Ministry of Agriculture and Rural Development of the Slovak Republic and the Ministry of Health of the Slovak Republic No. 430/2010 Coll. on Issuance of Edict amending Edict of the Ministry of Agriculture of the Slovak Republic and the Ministry of Health of the Slovak Republic of 15 March 2004 No. 608/9/ , Issuing the Chapter of Food Code Regulating the Natural Mineral Water, Spring Water and Packed Drinking Water as amended by Edict of the Ministry of Agriculture of the Slovak Republic and the Ministry of Health of Slovak Republic of 8 December 2004 No /2004 OAP, - Decree of the Statistic Office of the Slovak Republic No. 429/2010 Coll. Issuing the Statistic Codebook of Bodies of Central State Administration, - Announcement of the Ministry of Health of the Slovak Republic No. 427/2010 Coll. on Issuance of Edict Issuing Index of Expenses Risk for Health Care in Year 2011, - Act No. 425/2010 Coll. Amending and Supplementing Act No. 331/2005 Coll. on State Administration Bodies in the Field of Drug Precursors and Amending and Supplementing Certain Other Acts and Amending and Supplementing Act No. 140/1998 Coll. on Drugs and Medical Instruments, on Amending Act No. 445/1991 Coll. on Trade Licensing (Trade Licensing Act) as Amended and on Amending and Supplementing Act of the National Council of the Slovak Republic No. 220/1996 Coll. on Advertisement as amended, - Announcement of the Ministry of Economy No. 422/2010 Coll. on Issuance of Edict Executing Certain Provisions of Act No. 179/1998 Coll. on Trade with Military Equipment and supplementing Act No. 455/1991 Coll. on Trade Licensing (Trade Licensing Act) as amended as amended, - Announcement of the Ministry of Economy of the Slovak Republic No. 423/2010 Coll. on Issuance of Edict Executing Certain Provisions of Act No. 179/1998 Coll. on Trade with Military Equipment and Supplementing Act No. 455/1991 Coll. on Trade Licensing (Trade Licensing Act) as amended as amended, - Decree of the Ministry of Agriculture and Rural Development of the Slovak Republic No. 418/2010 Coll. Executing Certain Provisions of Water Act, - Regulation of the Government of the Slovak Republic No. 417/2010 Coll. Amending and Supplementing Regulation of the Government of the Slovak Republic No. 215/2009 Coll., which Stipulates Exemptions for Sort and Species Registration of Grown Plants, which Are Threaten by Genetic Erosion and for Introducing These Sorts and Species to the Market, 416/2010 Coll. on Conclusion of Treaty between the Ministry of Foreign Affairs of the Slovak Republic and the Ministry of Foreign Affairs of the Republic of Slovenia on Mutual Representation Through Diplomatic Missions and Consular Authorities of Their States in Visa Procedure, 415/2010 Coll. on Conclusion of Treaty between the Ministry of Finance of the Slovak Republic and the Ministry of Finance of the Czech Republic on Simplified Process In Transportation of Mineral Oil by Hard Pipes in Suspension of Consumption Tax, - Announcement of the Ministry of Finance of the Slovak Republic No. 414/2010 Coll. on Issuance of Measure amending Measure of the Ministry of Finance of the Slovak Republic of 8 December 2004 No. MF/010175/ , which stipulates specific classification, organization classification and economy classification of budgetary classification as amended.

7 NOVEMBER JUDICIAL DECISION This part contains quotations from opinions of selected judicial decisions and statements in civil, labor and business matters, which were recently published in From Court Practice journal (in Slovak: Zo súdnej praxe): EFFECTS OF WITHDRAWAL FROM CONTRACT (Resolution of the Supreme Court of the Slovak Republic File No. 1 Obdo V 2/2007, published in the From Court Practice journal 5/2010) Unlike the legal regulation of effects of withdrawal from contract pursuant to the Civil Code, where the effective withdrawal cancels the contract from beginning (ex tunc), by withdrawal from contract in business relations the contract is cancelled and effects of withdrawal occur only at the moment of withdrawal (ex nunc). Performance provided before cancellation of contract is not performance from null and void contract, therefore for settlement of mutual claims the legal regulation of unjustified enrichment cannot be used.

8 NOVEMBER The information contained in this publication is not a legal advice. For any questions regarding the contained information, please consult the contact person for the respective topic. The Financial Law News is not a printed periodical and is avai lable in electronic format only as a marketing product distributed to a selected group of addressees. If you do not wish to receive the Financial Law News, or wish to be inclu ded in our mailing list, please notify the editor at the below address. You can find more information on our website: where the online versions of Financial Law News are available. For information on European Union and European Community law, you may obtain the European Community Law News, available under the same conditions as the Slovak Financial Law News. Editor Financial Law News: Mgr. Zuzana Gaálová, zuzana.gaalova@cechova.sk âechová & Partners. Unauthorised copying not permitted Advokátska kancelária âechová & Partners ZdruÏenie advokátov: JUDr. Katarína âechová (evidenãné ãíslo v zozname advokátov vedenom Slovenskou advokátskou komorou: 0339/ ) poverená vedením úã tovníctva zdruïenia pod Iâ DPH SK , JUDr. Simona Haláková (5503/ ), Mgr. Ing. Michaela Jurková (4286/ ), Mgr. Tomá Maretta (1601/ ), Mgr. Tomá Rybár (3988/ ). âlenovia zdruïenia advokátov âechová & Partners sú zapísaní v zozname advokátov ve denom Slovenskou advokátskou komorou (SAK) so sídlom Kolárska 4, Bratis - lava a advokátske povolanie vykonávajú v zmysle príslu n ch advokátskych predpisov dostupn ch na internetovej stránke umoïàujúcej trval prístup k infor - máciám o tejto stavovskej organizácii. âlenovia zdruïenia advokátov nadobudli akademic ké tituly v Slovenskej republike. túrova 4, Bratislava Slovak Republic tel: +421 (2) , fax: +421 (2) office@cechova.sk, Branch Office: Avenue d Auderghem 36 B-1040 Brussels, Belgium tel.: +32 (0) , fax: +32 (0) brussels@cechova.sk,