Decree No. 115 / 2004 Coll.
Government regulation laying down certain procedures for implementing measures of the common organisation of the market in starch
Valid
Regulation
Effective from 01.05.2004
115
GOVERNMENT REGULATION
of 18 February 2004
laying down certain procedures for implementing measures of the common organisation of the market in starch
The Government orders the implementation of Act No. 256 / 2000 Coll., on the State Agricultural Intervention Fund and on the amendment of certain other laws (Act on the State Agricultural Intervention Fund), as amended by Act No. 128 / 2003 Coll. and Act No. 85 / 2004 Coll., and Act No. 252 / 1997 Coll., on Agriculture, as amended by Act No. 62 / 2000 Coll., Act No. 307 / 2000 Coll., Act No. 128 / 2003 Coll. and Act No. 85 / 2004 Coll.:
INTRODUCTORY PROVISIONS
Subject matter
This Regulation provides for certain procedures of the State Agricultural Intervention Fund (hereinafter referred to as the Fund) in the implementation of measures of the common organisation of the market in starch produced in the Czech Republic. Fund
(a) allocate individual production quotas to potato starch producers (1) (hereinafter referred to as "subquota");
(b) grant subsidies to potato starch producers (hereinafter referred to as the "producer premium");
(c) grant subsidies for the manufacture of approved starch products (hereinafter referred to as "production refund"),
(d) grants subsidies on exports of starch ("export refund");
(e) grant a national additional payment to direct aid in the form of a subsidy to the result of the 2005 / 2006 to 2011 / 2012 marketing years to potato growers (hereinafter referred to as "the additional payment") through the producer concerned,
(f) apply and implement on behalf of the Czech Republic all other measures entrusted to the Member State by the immediately binding legislation of the European Community1 (hereinafter referred to as the "Regulation of the European Communities") governing the measures of the common organisation of the market in starch.
Basic concepts
For the purposes of this Regulation:
(a) a potato grower, a natural or legal person who grows potatoes for the production of potato starch in the Czech Republic;
(b) a manufacturer of potato starch (hereinafter referred to as "the manufacturer"), a natural or legal person producing potato starch from potatoes delivered by a potato grower who operates a starch factory or more starch factories in the Czech Republic.
PRODUCTION QUOTAS OF BRAMBORES
National production quota
(3) The Fund shall allocate the subquotas to the producers referred to in Article 7; the sum of the subquotas and reserves may not exceed the national production quota provided for in the European Community Regulation. 2)
(4) The national production quota for potato starch for the 2005 / 2006 to 2011 / 12 marketing years is laid down in the Regulation of the European Community2).
(5) For the 2005 / 2006 to 2011 / 12 marketing years, the Fund will allocate subquotas to producers as provided for in the European Community Regulation (2). Paragraph 5 to 7 shall apply mutatis mutandis.
Reserve
(1) The reserve is the quantity of potato starch intended to increase the manufacturer's subquota already established.
(2) For the marketing years 2005 / 2006 to 2011 / 2012, the reserve is not fixed.
(3) The manufacturer shall notify immediately in writing the starch production fund of all starch production plants operated by him or one of the starch factories operated by him (hereinafter referred to as "starch factory closure ').
(4) The reserve shall be increased in the case of the closure of the starch factory by the quantity of potato starch corresponding to the sub-quota or part of the sub-quota corresponding to the closed starch factory. The subquota or part of the subquota relating to a closed starch factory shall be left to the manufacturer who has closed the starch factory if, within 15 days of the date of the closure of the starch factory, that producer has ensured the production of the same quantity of potato starch in another starch factory operated by him or her.
(5) The Fund, following an evaluation of the potato starch production balance, shall determine the amount of the allocation reserve no later than 30 days after the end of the marketing year concerned and publish it in the Ministry of Agriculture Bulletin.
(6) The Fund shall allocate the reserve referred to in paragraph 1 to the manufacturer upon request.
(7) The period for lodging the reserve application referred to in paragraph 6 shall be 30 calendar days following the date of publication of the amount of the reserve fixed by the Fund in accordance with paragraph 5. The reserve application shall be submitted to the Fund using the form issued by the Fund. The reserve application shall include a document demonstrating the production capacity of the manufacturer in a quantity corresponding to the sum of the subquota allocated and the manufacturer's request for its increase.
(8) The application for a reserve referred to in paragraphs 6 and 7 shall be rejected by the Fund if it contains a requirement for a quantity higher than the amount of the reserve fixed by the Fund in accordance with paragraph 5.
(9) The Fund will allocate the reserve among producers as a subquota for the period laid down in the European CommunityRegulation (2)
(a) in accordance with the manufacturer's requirement in the reserve application referred to in paragraphs 6 and 7, if the sum of the quantities requested by all manufacturers is less than or equal to the reserve; or
(b) on a pro rata basis, according to the amount of subquotas allocated to manufacturers, where the sum of the quantities requested by all producers in the reserve application is higher than the reserve.
(10) The Fund shall increase the manufacturer's subquota referred to in paragraph 9 if the manufacturer:
(a) within 60 days of the date of the increase in the subquota, it shall demonstrate that it has contracted the obligations resulting from the supply of potatoes needed for the production of potato starch from growers resulting from the increase in the subquota from the reserve;
(b) in the event of an increase in the reserve on the basis of the closure of the starch factory referred to in paragraph 4, within 60 days of the date of the increase in the subquota, it shall demonstrate that it has contracted the commitments resulting from the cultivation contracts between the starch factory and the growers who continue to grow potatoes after the closure of the starch plant.
(11) If the manufacturer does not demonstrate the required facts within the time limit set by the Fund (paragraph 10), the Fund shall not increase the subquota to the producers; If the Fund finds that the manufacturer has communicated false or incomplete information, the effects of the increase in the subquota shall cease to exist on the date on which the Fund communicates its finding to the manufacturer.
(12) The Fund shall communicate the facts referred to in paragraph 10 to the manufacturer without delay and no later than 15 days after the date of the finding.
Application for a subquota
(1) The manufacturer may apply to the Fund for the allocation of a subquota if:
(a) processing potatoes for potato starch in starch production;
(b) is not in liquidation or his property has not been declared bankrupt or the application for bankruptcy has not been rejected because of a lack of assets or compensation is not permitted.
(2) The manufacturer shall indicate in the application the quantity of potato starch in tonnes produced between 1 January 1999 and 31 December 2001, including the quantity of potato starch produced by his legal predecessor during that period, or produced by another producer, who later transferred his starch shop to the applicant, or who, within that period, has been produced by the applicant by the lessee of the starch factory, if the producer in the application for his legal succession, the transfer of the starch plant, as well as the rental of the starch plant in a demonstrable manner.
(3) The application shall indicate in the application the extent of non-refundable investments made in order to increase the production capacity of potato starch. The application shall be accompanied by copies of contracts and invoices showing the extent and nature of these investments and a declaration from the technology supplier of an increase in starch production capacity or other evidence demonstrating an increase in starch production capacity.
(4) The manufacturer submits an application for a subquota ("the application") The fund on his form. The manufacturer shall confirm compliance with the conditions referred to in paragraph 1 (b) by signing a declaration on the form issued by the Fund. The application shall be accompanied by the original or an officially certified copy of the extract from the Commercial Register, in the case of a legal or natural person registered in the Commercial Register, or by an original or an officially certified copy of the Commercial Register which may not be more than 90 days old.
(5) The manufacturer shall deliver the application to the Fund no later than 30 days after the date of entry into force of this provision of the Government Regulation.
(1) If the Fund finds that the application contains incomplete or false information, or does not contain all the necessary documents, it shall return the application to the applicant within 30 days of the date on which it is received, indicating the defects and the request for removal within 15 days of the date of receipt of the request.
(2) The Fund shall reject the application if it finds that:
(a) the application has not been received within the prescribed time limit;
(b) the manufacturer does not comply with the requirements of Paragraph 5 (1);
(c) the manufacturer has not delivered the application returned within the specified time limit; or
(d) the returned application does not contain supplemented or corrected data or documents, where appropriate, or the corrected or supplemented data are insufficient.
Determination of subquota
(1) The Fund shall calculate the average annual quantity of potato starch produced by the applicant in the period from 1 January 1999 to 31 December 2001 in accordance with Article 5 (2) (hereinafter referred to as "the average annual quantity") to the manufacturer whose application has not been rejected under Paragraph 6 (2).
(2) The Fund shall determine the coefficient for determining the part of the subquota for each producer as a proportion of 24 213 tonnes of potato starch and a sum of the average annual quantities for each producer.
(3) The Fund shall calculate the manufacturer's part of the subquota as the product of the coefficient referred to in paragraph 2 and the average annual quantity of that producer.
(4) The Fund shall allocate a quantity of 9447 tonnes of potato starch to the producers referred to in paragraph 1, taking into account the investments involved in increasing starch production capacity (hereinafter referred to as "new investments'), in proportion to the producer's increased production, expressed in tonnes of potato starch produced in 24 hours, to the total increase in production of all producers by new investments. For the new investment, the Fund shall recognise only the investments which have been demonstrated by the manufacturer in the period from 1 January 1999 to 31 January 2002 in order to increase the production capacity of potato starch.
(5) For new investments, the Fund shall take into account those for which the manufacturer has incurred at least 10% of the total planned costs between 1 January 1999 and 31 January 2002.
(6) The Fund shall establish a subquota for the manufacturer as the sum of the part of the subquota calculated in accordance with paragraph 3 and the quantity of potato starch determined in accordance with paragraph 4.
Amendment of the subquota
(1) If one of the elements laid down in a Regulation of the European Communities is established, 4) the manufacturer to whom a subquota has been established (hereinafter referred to as the holder of the subquota) shall immediately notify the Fund in writing.
(2) The Fund shall, within 15 days of receipt of the notification referred to in paragraph 1, confirm in writing to the holder of the subquota that the fact referred to in paragraph 1 has been notified to it.
(3) The Fund shall decide to amend the subquota within 30 days of the date of receipt of the notification referred to in paragraph 1.
PREMIUM FOR PRODUCERS
The producer shall submit an application for a premium for the producer (hereinafter referred to as the "premium application ') of the Fondu5 after the potato processing has been completed in the marketing year concerned and by 31 August of the following marketing year at the latest; a premium application shall be submitted by the manufacturer for the previous marketing year using the form issued by the Fund.
EXPORT REFUNDS
Conditions, scope and granting of export refund
The Fund grants export refunds to the exporter of starch and to the exporter of products and goods made from starch laid down in a Regulation of the European Communities, (1) outside the customs territory of the European Communities, on application, under the conditions and to the extent laid down in the Regulation of the European Communities. 1)
ADDITIONAL PAYMENT
Determination of the amount of the additional payment
The Fund shall publish the rate of the additional payment for the marketing year concerned, calculated according to the starch content of the potatoes, no later than 30 September of the marketing year concerned, in at least one national logbook and in a way that allows remote access.
Application for additional payment
(1) The application for an additional payment shall be submitted to the Fund by the producer who has a contract with the potato grower for the production of starch9b) and which the manufacturer has indicated in the summary of the contracts referred to in Article 14 (1) (a). The manufacturer may apply for an additional payment only for the quantity of potatoes corresponding to the starch production equivalent to the subquota allocated to him for the marketing year concerned.
(2) The manufacturer shall submit an application for an additional payment by the end of the second month following the month in which the manufacturer took delivery of potatoes for starch production in the relevant marketing year from the potato grower. The shortest period for which an application may be submitted shall be one calendar month.
(3) The Fund will grant and pay an additional payment to the potato grower through a producer who has assumed the commitments resulting from the starch-producing potato contract from another producer on the basis of a change in the ownership or user relationships of the producer (9c).
(4) The request is to be made using the form issued by the Fund.
(5) After examination of the application, the Fund shall decide on the grant of the additional payment and transfer the payment to the manufacturer's account no later than 15 days after the date on which the decision becomes final.
Payment to potato growers
(1) The manufacturer shall transfer the payment granted to the potato grower's account no later than 15 days after receipt of the payment from the Fund.
(2) The potato grower shall be kept for a period of 10 years from the beginning of the calendar year following the conclusion of the starch potato cultivation contract
(a) a contract for the cultivation of starch potatoes;
(b) documents proving that the manufacturer has taken delivery of the quantity and quality of the potato cultivation contract from the potato grower,
(c) proof of receipt by the potato grower of the payment provided by the manufacturer in accordance with paragraph 1.
COMMON PROVISIONS
Provision of information to the Fund
(1) The manufacturer shall provide the Fund with the following information:
(a) a summary of the content of the starch cultivation contracts, 10) including the identification number, the names of the potato growers and the quantity of potatoes agreed, expressed as starch equivalent for each contract; the information shall be submitted by 31 May preceding the marketing year concerned,
(b) the quantities of potatoes intended for the manufacture of potato starch covered by the provisions of the Regulation of the European Communities; (11) the information shall be submitted by 30 April of each marketing year,
(c) the quantity of potato starch for which a premium has been paid in accordance with the rules of the European Communities; (12) the information shall be submitted by 30 April of each marketing year,
(d) an overall overview of the purchase of potatoes intended for the manufacture of potato starch and an estimate of the production of potato starch during the marketing year; the information shall be submitted by 31 January of the marketing year concerned,
(e) the quantity of potato starch on 30 June and 31 January of the marketing year concerned; the information shall be submitted within 10 days of that date;
(f) start and end processing of potatoes; the start information shall be submitted within 10 days of the start of the processing of the potatoes; the end information shall be submitted within 10 days of the end of the processing of the potatoes.
(2) The manufacturer shall provide the Fund with the information referred to in paragraph 1 on forms issued by him.
(3) The Fund shall provide information obtained under paragraph 1 to the Ministry.
REPEAL PROVISIONS
The following shall be deleted:
1. Government Regulation No 175 / 2001 Coll., laying down the conditions and principles for granting financial aid for potato processing and starch wheat and laying down the conditions and principles for granting subsidies on exports of potato starch products.
2. Government Regulation No. 250 / 2002 Coll., amending Government Regulation No. 175 / 2001 Coll.
3. Government Decree No. 477 / 2002 Coll., amending Government Decree No. 175 / 2001 Coll., as amended by Government Decree No. 250 / 2002 Coll.
EFFECTIVE
(1) This Regulation shall enter into force on the date of the entry into force of the Treaty of Accession of the Czech Republic to the European Union, with the exception of the provisions of Sections 1 (a), 2, 3 (1) and 2, 4 (1) to (4), 5 to 7 and 14 (1) (d) to (h), which shall take effect on the day of its publication.
(2) Paragraph 3 (1) and (2) shall expire on the date of entry into force of the Treaty of Accession of the Czech Republic to the European Union.
Prime Minister:
PhDr. Špidla v. r.
Minister for Agriculture:
Ing. Palas v. r.
1) Council Regulation (EC) No 1868 / 94 of 27 July 1994 establishing a quota system for the production of potato starch. Commission Regulation (EC) No 2236 / 2003 of 23 December 2003 laying down detailed rules for the application of Council Regulation (EC) No 1868 / 94 establishing a quota system for the production of potato starch. COMMISSION REGULATION (EEC) No 1722 / 93 of 30 June 1993 laying down detailed rules for the application of Council Regulations (EEC) No 1766 / 92 and (EEC) No 1418 / 76 concerning production refunds in the cereals and rice sectors respectively. COMMISSION REGULATION (EC) No 800 / 1999 of 15 April 1999 laying down common detailed rules for the application of the system of export refunds on agricultural products. Commission Regulation (EC) No 1520 / 2000 of 13 July 2000 laying down common detailed rules for the application of the system of granting export refunds on certain agricultural products exported in the form of goods not covered by Annex I to the Treaty and the criteria for fixing the amount of such refunds. Council Regulation (EC) No 1259 / 1999 of 17 May 1999 establishing common rules for direct support schemes under the common agricultural policy. Council Regulation (EC) No 1782 / 2003 of 29 September 2003 establishing common rules for direct support schemes under the common agricultural policy and establishing certain support schemes for farmers and amending Regulations (EEC) No 2019 / 1993, (EC) No 1452 / 2001, (EC) No 1453 / 2001, (EC) No 1454 / 2001, (EC) No 1868 / 1994, (EC) No 1251 / 1999, (EC) No 1254 / 1999, (EC) No 1673 / 2000, (EEC) No 2358 / 1971 and (EEC) No 2529 / 2001. Council Regulation (EC) No 1234 / 2007 of 22 October 2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation), as amended. Council Regulations (EC) No 72 / 2009 of 19 January 2009 amending the common agricultural policy by amending Regulations (EC) No 247 / 2006, (EC) No 320 / 2006, (EC) No 1405 / 2006, (EC) No 1234 / 2007, (EC) No 3 / 2008 and (EC) No 479 / 2008 and repealing Regulations (EEC) No 1883 / 78, (EEC) No 1254 / 89, (EEC) No 2247 / 89, (EEC) No 2055 / 93, (EC) No 1868 / 94, (EC) No 2596 / 97, (EC) No 1182 / 2005 and (EC) No 315 / 2007. Council Regulation (EC) No 73 / 2009 of 19 January 2009 establishing common rules for direct support schemes under the common agricultural policy and establishing certain support schemes for farmers and amending Regulations (EC) No 1290 / 2005, (EC) No 247 / 2006, (EC) No 378 / 2007 and repealing Regulation (EC) No 1782 / 2003. Commission Regulation (EC) No 1043 / 2005 of 30 June 2005 implementing Council Regulation (EC) No 3448 / 93 as regards the system of granting export refunds on certain agricultural products exported in the form of goods not covered by Annex I to the Treaty and the criteria for fixing the amount of such refunds.
2) Article 2 of Council Regulation (EC) No 1868 / 1994.
3) Article 20a of Act No. 589 / 1992 Coll., on Social Security Insurance and Contribution to State Employment Policy, as amended by Act No. 113 / 1997 Coll.
4) Article 17 of Commission Regulation (EC) No 97 / 95.
5) Article 7 of Commission Regulation (EC) No 2236 / 2003.
9a) Commission Regulation (EC) No 1407 / 2004 of 2 August 2004 fixing the exchange rate for 2004 for the single area payment scheme applicable to the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Poland and Slovakia.
9b) Article 3 of Commission Regulation (EC) No 2236 / 2003 of 23 December 2003 laying down detailed rules for the application of Council Regulation (EC) No 1868 / 94 establishing a quota system for the production of potato starch.
(c) Article 16 of Commission Regulation (EC) No 2236 / 2003.
10) Article 3 of Commission Regulation (EC) No 2236 / 2003.
11) Article 8 (1) and (2) of Council Regulation (EEC) No 1766 / 92 of 30 June 1992 on the common organisation of the market in cereals.
12) Article 5 of Council Regulation (EC) No 1868 / 94.
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Regulation Information
| Citation | Government Regulation No. 115 / 2004 Coll., laying down certain procedures for implementing the measures of the common organisation of the market in starch |
|---|---|
| Regulation Type | Regulation |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 19.03.2004 |
|---|---|
| Effective from | 01.05.2004 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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