What is Decree No. 123 / 1976 Coll.?

Decree of the Federal Ministry of Agriculture and Nutrition No. 123 / 1976 Coll., on the basic conditions of supply of agricultural products and needs — Decree of the Federal Ministry of Agriculture and Nutrition on the basic conditions of supply of agricultural products and needs.

When it became Decree No. 123 / 1976 Coll. effectiveness?

Decree No. 123 / 1976 Coll. became effective 01.01.1977.

Is Decree No. 123 / 1976 Coll. still valid?

Yes, Decree No. 123 / 1976 Coll. is still valid and effective.

Decree No. 123 / 1976 Coll. - Decree of the Federal Ministry of Agricu...

123

DECLARATION

Federal Ministry of Agriculture and Nutrition

of 18 October 1976

on the basic conditions for the supply of agricultural products and needs

The Federal Ministry of Agriculture and Nutrition provides, in an agreement with the central authorities involved, pursuant to § 259 (4), § 268 (2) and § 392 (1) of the Economic Code in the version published under No 37 / 1971 Coll. and supplemented by Act No. 144 / 1975 Coll. and § 15 (1) of Act No. 51 / 1959 Coll., on the Purchase of Agricultural Products:

ČÁST PRVNÍ

BASIC PROVISIONS

§ 1

Subject matter and scope of the adjustment

(1) This Decree provides

(a) supplies of agricultural products listed in Part Three (Sections 28 to 111) and supplied by agricultural organisations to purchasing organisations (Sections 5), 1)

(b) supplies of agricultural needs;

(c) the obligations of purchasing organisations (§ 5) and agricultural organisations in respect of transport carried out in connection with the supply of agricultural products and the needs under this decree (§ 136 to 151).

(2) The agricultural needs for the purposes of this decree are agricultural and industrial products, works and performances for agricultural production consumption, listed in part four (Sections 112 to 135),

(a) seed, seed and nurseries, breeding and productive animals and hatching eggs supplied between socialist organisations, unless these products are supplied as agricultural products as referred to in paragraph 1 (a);

(b) feed, fertilisers, chemical and biological plant protection products supplied to agricultural organisations;

(c) industrial products for operation, maintenance and work and performance supplied by businesses trust Agricultural supply and purchase, Prague and businesses trust Poľnohodárske vakovanie and purchase, Bratislava, agricultural organisations.

(3) Agricultural organisations for the purposes of this decree are socialist organisations which supply agricultural products from their own agricultural production (2) or take agricultural needs for their own agricultural production (2) Common agricultural holdings (3) and social organisations, provided that, in accordance with the rules governing their activities, they supply their members' agricultural products or take agricultural needs for their members.

(4) The provisions of this Order do not apply to supplies of agricultural needs

(a) carried out between the member organisations of the cooperative organisation and between the common agricultural holding and its member organisations; (3) shall apply, however, to such deliveries where they are carried out by a purchasing organisation as a member organisation of a cooperative association or as a member organisation of a joint agricultural holding,

(b) imports and exports.

(5) This decree is subject to the scope set out in Section 6 (§ 152 to 156) as well as to the supply of agricultural products from individual farm farmers, small land users and livestock farmers (hereinafter referred to as "individually farm farmers') and supplies from individuals - collectors of medicinal plants, forest fruits and fungi.

Selected and other agricultural products

§ 2

Selected agricultural products are wheat, rye, barley, oats and their mixtures, luscostarch mixtures, maize other than cucumbers, pulses, oilseeds, sugar confectionery, flax stems, hemp straw, hops, tobacco, grape must, medicinal plants, cattle for slaughter, calves for slaughter, pigs for slaughter, milk and cream, domestic sweat sheep wool, leather, piglets and whiting. These products may only be supplied by agricultural organisations to the buying-in organisations (Section 5) listed in the Annex to this Decree, unless otherwise specified by the specific provisions.

§ 3

(1) Other agricultural products

(a) millet, buckwheat, mound, cumin, rice, paddy rice, sorghum, potatoes early potatoes, potatoes, industrial, chicory, hay, straw, fodder and fodder dryers for the production of dry matter, fruits of root peppers, empty macaques, vegetables and fruits, straw of shale, forest fruit and mushrooms, spices, sheep's sheep, lambs and eggs, sheep's breast cheese, breast cheese, sheep's milk, hen's eggs, bee's bread, bee's wax and other products from bees, breeding and productive animals with the exception of piglets and pigtails, sheep 's milk, sheep's milk and sheep's milk, hen eggs, bee's milk, bee wax and other products from bees, breeding, breeding and dairy products with the exception of the suckling and suckling eggs, unless special provisions provide otherwise 4).

(b) seed, seed and nurseries may be supplied by agricultural organisations to customers as provided for in specific rules. 5)

(2) Agricultural products listed in this Decree (6) are supplied by agricultural organisations to customers in accordance with the rules of the Economic Code and the relevant implementing and / or specific rules.

§ 4

(1) Agricultural organisations may supply or sell the agricultural products referred to in Article 3 (1) (a) in addition to the buying-in organisations.

(a) for direct consumption to other agricultural organisations, mass caterers, military services, other armed forces, hospitals, pensioners' homes and similar facilities;

(b) citizens for their own consumption;

(c) directly to national and cooperative retail outlets;

(d) in its own sales facility.

(2) The activities referred to in paragraph 1 (c) and (d) and, where appropriate, the sale of certain processed agricultural products in the agricultural organisation's own sales facilities require the approval of the Ministry of Agriculture and Nutrition of the Czech Socialist Republic or the Ministry of Agriculture and Nutrition of the Slovak Socialist Republic, issued after consultation with the relevant central authorities.

§ 5

Shopping organisations

(1) Only purchasing organisations may buy agricultural products [Sections 2 and 3 (1) (a) and (b)] from agricultural organisations for the purpose of further supply or processing; such buying-in organisations and agricultural products authorised to purchase are listed in the Annex to this Decree.

(2) If it is entitled to purchase a particular type (group) of agricultural products by several purchasing organisations, those which are listed in the Annex in the first place for the Czech Socialist Republic or in the first place for the Slovak Socialist Republic, within their territorial scope, are the main purchasing organisations.

(3) The main purchasing organisation shall perform the following tasks in the framework of coordination activities:

(a) collect, in cooperation with other purchasing organisations, data on the need for the agricultural products concerned in the context of the supply-customer relationship discussion in the planning process (7);

(b) discuss with the competent district (or regional) farm administration the deployment of an overall plan for the purchase and production of agricultural organisations;

(c) process, in agreement with other purchasing organisations and with the competent district (or regional) agricultural administration, the distribution of the purchase plan to individual authorised purchasing organisations;

(d) monitor the conduct of the conclusion of economic contracts in order to ensure the planned tasks;

(e) monitor and evaluate the implementation of the purchase plan during the year;

(f) discuss with other purchasing organisations the necessary measures to carry out the planned tasks;

(g) inform other purchasing organisations of the performance of the tasks referred to in points (a) to (e);

(h) other tasks agreed with other purchasing organisations.

(4) Other purchasing organisations are obliged to:

(a) provide the main purchasing organisation with information on the discussion of supplier-customer relations in the planning process;

(b) inform the main purchasing organisation of the progress and outcome of the conclusion of economic contracts, of the implementation of the purchase plan, of the obstacles to contractual security and the implementation of the plan for the purchase of agricultural products and, in cooperation with it, of the removal of such obstacles;

(c) to provide further synergies needed to carry out the coordination activities of the main purchasing organisation.

(5) The dates for the submission of information and supporting documents to the main purchasing organisation are laid down in agreement with the other purchasing organisations.

(6) Purchasing organisations cooperate with regional (or regional) agricultural administrations in coordinating the supply and customer relations of agricultural organisations.

(7) Disputes between the main purchasing organisation and other purchasing organisations on the issues referred to in paragraphs 3 and 4 shall be settled in agreement by the superior economic management bodies.

§ 6

Obligation to purchase agricultural products of particular economic importance

(1) Shopping organisations shall purchase from agricultural organisations agricultural products of particular economic importance if they are eligible for direct consumption or processing even if they do not comply with technical standards, namely:

(a) wheat, rye, barley, oats and their mixtures, mixtures of husk, maize other than maize, pulses, oilseeds, sugar beet, hops, tobacco, bovine animals for slaughter, pigs for slaughter, milk and domestic sweat sheep wool, although the quantity offered exceeds the quantity of supplies agreed in the contract (non-contractual deliveries) or where the contract for the supply of these products has not been concluded (non-contractual deliveries),

(b) slaughter poultry and chicken eggs intended for consumption by agricultural organisations specialising in the manufacture of these products, (8) chicory, flax straw, hemp straw, grape grapes, roots of peppers, medicinal plants, sheep sheep's sheep, cream, sheepskin cheese, piglets and leather, provided that the quantity offered exceeds the quantity of supplies agreed in the contract (non-contractual deliveries);

(c) fruit and vegetables from agricultural organisations specialising in the production of these products, (8) with which they have concluded a supply contract, even if the quantity of the contracted species produced on the contract area exceeds the quantity of supplies agreed in the contract (non-contractual deliveries harvested from the contract area).

(2) For the non-contractual and non-contractual deliveries of agricultural products referred to in paragraph 1, the provisions of this Order governing obligations under economic contracts shall apply.

(3) In the case of products referred to in paragraph 1, the agricultural organisation may require that the quantity offered be withdrawn immediately for non-contractual or non-contractual supplies corresponding to technical standards, unless otherwise specified in Part Three. The organisation shall agree on the collection of products which do not comply with the technical standards within such time limits as to avoid economic losses.

ČÁST DRUHÁ

GENERAL CONDITIONS FOR THE SUPPORT OF AGRICULTURAL PRODUCTS AND FRUITS

Oddíl první

Economic contracts

§ 7

(1) The tasks for the purchase of agricultural products and the supply of agricultural needs resulting from the economic plans are ensured by economic contracts.

(2) Contracts for the preparation of supplies are normally concluded for a period of five years.

(3) The contract for the preparation of supplies of agricultural products and, where appropriate, agricultural needs, must be concluded by a purchasing organisation and an agricultural organisation specialising in the production of a given agricultural product, if any of them so requests, up to a level of tasks consistent with the planned needs of the national economy. In the event of a dispute being decided, the arbitration authorities shall base their opinion on the opinions of the competent economic management authorities when determining the economic needs.

(4) Where a contract for the preparation of supplies has been concluded or a planning act has been issued, 9) both the supplier and the customer are obliged to conclude an appropriate delivery contract.

(5) Where the protocol on the negotiation of supplier-customer relationships (10) specifies the information provided in the contract for the preparation of supplies, the protocol is the basis on which organisations are obliged to specify the contract for the preparation of supplies.

§ 8

Where the purchasing organisation is also a supplier of agricultural needs, a contract for the supply of agricultural products and a contract for the supply of agricultural needs shall be concluded at the same time.

§ 9

(1) Contracts for the supply of agricultural products and agricultural needs (Section 8), or, where applicable, contracts for the supply of agricultural products or the supply of agricultural needs, shall be concluded within the time limits specified by the authorities of economic management, unless otherwise specified in Section 128. Organisations usually conclude them when discussing mutual contract proposals (contracts) in person.

(2) If no agreement is reached on certain elements of the contract in the course of the negotiations referred to in paragraph 1, the two organisations shall obtain a joint registration containing: the designation of the two organisations, the name, surname and function of the two organisations' bodies or representatives of the two organisations (hereinafter referred to as "representatives of the organisations'), the designation of the contract to which the conflict relates, the wording of the contested terms proposed by the two organisations, the justification of the opinions of the two organisations, the date and place of the negotiations and signatures of the representatives of the organisations.

(3) The disputes arising from the conclusion of contracts referred to in paragraphs 1 and 2 shall be presented by the purchasing organisation, the supplier, without undue delay to the regional (regional) agricultural administration, which shall discuss them with the two organisations in the framework of its coordination activities no later than 14 days from the date of the occurrence of the conflict; in the case of directly managed organisations, discrepancies shall be submitted for discussion to the superior authorities of the two organisations which are discussing them within the same time limit.

(4) If the discrepancies referred to in paragraph 3 have not been removed, economic arbitrage shall decide on the contested terms of the contract. 11) The application for a decision on economic arbitrage shall, as a general rule, be submitted by the purchasing organisation no later than 45 days from the date of the occurrence of the conflict and, where the contract is only for the supply of agricultural needs, the supplier of such needs.

(5) Where an application for a decision on economic arbitrage has not been submitted in time in accordance with paragraph 4, the contract shall be concluded or the contested terms shall become part of the contract in the version indicated by the agricultural organisation in the register of disputes.

(6) The date of receipt of the registration of the non-agreed terms of the contract shall be deemed to be the date of the occurrence of the conflict with the terms of the contract.

(7) The conclusion of contracts which are not discussed in a joint personal hearing is subject - unless otherwise specified in Part Four - to the provisions of § 153 et seq. Zac.

(a) the draft contract shall be submitted by the buyer 45 days before the beginning of the quarter in which the delivery is to be made;

(b) the supplier is obliged to comment on the draft contract within 10 days of the expiry of the deadline for its submission, in the case of late submission of the draft contract within 10 days of receipt of the contract;

(c) the time limit for the submission of an application for a decision on other elements of the contract (Section 153 (3) of the hospice) which the organisations themselves have not agreed on is 45 days.

Within the 45-day period, organisations shall discuss discrepancies mutatis mutandis in accordance with paragraph 3.

(8) Where, in the case of agricultural products and agricultural needs for which annual contracts are concluded, agreements on monthly transactions in each calendar quarter are to be negotiated in accordance with the provisions of Part Three and Part Four, the purchasing organisation shall submit a written draft agreement and discuss with the agricultural organisation at the latest within the time limits set out in Part Three and Part Four.

Oddíl druhý

General conditions for the supply of agricultural products

§ 10

The provisions of this Section shall apply to supplies of agricultural products, unless otherwise provided for in Part Three for each product.

Contract for the supply of agricultural products

§ 11

(1) The contract for the supply of agricultural products obliges the supplier to deliver, within the agreed time limits, the contracted quantity of agricultural products in the quality corresponding to the technical standards or, where appropriate, the quality conditions referred to in Part Three, unless the contract agreed otherwise. The collector undertakes to withdraw the products and pay for them prices according to price regulations.

(2) Agricultural organisations may agree, with the consent of the customer, that one organisation fulfils the obligations under the contract for the supply of agricultural products to another organisation. In that case, the agricultural organisation with which the contract is concluded shall be obliged to reimburse the supplying organisation for the increased transport costs associated with the replacement supply. The proof of receipt of the supply shall indicate for which agricultural organisation it is completed.

§ 12

Contracts for the supply of agricultural products from agricultural organisations which are members of a cooperative association (12) shall be concluded by purchasing organisations either separately with each member organisation or with a designated member organisation (operator).

§ 13

Delivery performance

(1) The supply is satisfied by the submission of agricultural products to customers at the place where the customer is obliged to withdraw the products from the agricultural organisation (§ 15 (1)). This is true even if the customer carries out external transport under a contract concluded by another organisation or supplying agricultural organisation (§ 136 (3)). Surrender means the execution of the operations referred to in Section 139 by the agricultural organisation.

(2) Organisations may agree that the supply of agricultural products is to be satisfied by delivery to the public carrier or mail for transport to the place of destination.

(3) If the customer does not accept the duly offered supply or otherwise prevents the supplier from fulfilling the supply at the time of performance, the supplier shall be entitled to carry out the storage of the products; the supply is satisfied in this case by the transmission or dispatch of a written notice of storage carried out. The notification of storage shall indicate the following: the date, place, type, quantity and quality of the products stored. The supplier shall take due care of the products stored and prepare them for delivery without undue delay after the customer has requested them. The costs of storage shall be borne by the customer.

(4) The collector shall be obliged to attend the place of storage to verify the quantity and quality no later than 24 hours after receipt of the notification of storage.

(5) If the customer fails to appear within the time limit laid down in paragraph 4, the quality delivered shall be that indicated by the supplier in the notice of storage. The quantity of products at the date of placing in storage must be accompanied by appropriate documents (weighing note, proof of the number of pieces, litres, etc.). At the date of entry into storage, the collector is obliged to issue a purchase note (Section 18), as specified by the supplier.

§ 14

Route delivery

In order to reduce the journey of agricultural products to the consumer, to maintain quality and to reduce the costs of the circulation of agricultural products, the purchasing organisations shall organise line deliveries of these products. The purchasing organisation may agree with the agricultural organisation to comply with its supply or part thereof by submitting it to its buyer according to the transport disposition of the purchasing organisation, or, where appropriate, to the first public carrier. The scope of the en route deliveries and the transmission dates of the traffic disposition shall be agreed by the organisation in the contract. The purchasing organisation shall agree with its customer in the contract to immediately notify it of the defects identified in the route delivery.

Collection and verification of transactions

§ 15

(1) The collector is obliged to remove the agricultural products at the premises of the agricultural organisation, such as storage, field malt, landfill of the agricultural organisation (for cooperative associations at the place of the common post-harvest establishment) or at another agreed place in the perimeter of the agricultural organisation (hereinafter referred to as the establishment of the agricultural organisation) in which the products are ready for loading and the conditions for external transport are not fulfilled, unless another written agreement is reached.

(2) If no other written agreement is reached, the purchaser shall verify the quantity and quality of agricultural products at the premises of the agricultural organisation, provided that there are technical conditions for their verification. Where the technical conditions for verification are not established in the establishment of the agricultural organisation, the organisation shall agree another verification site in the contract. When examining transactions, the purchaser shall immediately verify, on the basis of the supplier's information, the quantity and quality of the agricultural products delivered, their classification in classes or classes or, where appropriate, in quality groups and any other characteristics which are found at the time of collection by technical standards, other legislation or normal practice. The collector shall be obliged to allow the supplier to participate in the verification of the products supplied.

(3) If the purchaser does not agree with the supplier's quantity and quality information when collecting agricultural products from the public carrier, he shall inform the supplier immediately.

(4) If the supplier and the customer fail to reach agreement on the quantities and qualities referred to in paragraphs 2 and 3, the buyer shall without delay invite the authority authorised to decide on the quality (§ 17) or ensure that the quality or quantity is established in the manner set out in Part Three (control slaughter, etc.). The quality or quantity thus determined shall be binding on both organisations.

(5) If the authority authorised to decide on quality cannot immediately appear at the place of verification of the agricultural products delivered, the purchaser shall:

(a) in the case of products for which the technical standards provide for sampling, ensure, in the presence of the supplier's representative, that samples are taken and presented without undue delay to the authority competent to decide on quality;

(b) in the case of other products, ensure their separate storage (housing) and without undue delay the assessment by the authority authorised to decide on quality.

(6) In the case of line deliveries, the consignee shall verify the quality and quantity according to the special regulations, 13) according to which the quality disputes are also decided upon. The purchasing organisation shall immediately inform the agricultural organisation of the notification of the route delivery defects by the beneficiary (section 14, last sentence) so that the agricultural organisation can participate with its representative in the verification of the supply; if the purchasing organisation does not do so, its rights shall cease to be held liable for defects.

(7) Where agricultural products are supplied in sealed packages and are intended for further delivery or for sale in the unaltered state, the purchaser shall buy them in quantity and quality according to the particulars of the agricultural organisation, provided that, according to technical standards, he is not obliged to carry out quality checks immediately on the packaging. If a claim of defects occurs, the provisions of paragraph 6 shall apply mutatis mutandis to the notification of the agricultural organisation.

§ 16

(1) In the case of supplies of agricultural products, the quality delivered shall be that established in accordance with Article 15; if the quality of agricultural products has not been so established, the quality delivered shall be that declared by the agricultural organisation.

(2) As soon as the quality and quantity of agricultural products has been established in accordance with § 15 (2) to (5), the customer cannot claim the defects which he was obliged to detect when he was taken.

(3) In the case of en route supplies, the purchasing organisation shall complain to the agricultural organisation about the defects of delivery within 10 days of the expiry of the deadline for the timely claim of defects by its customer (the recipient of the supply), otherwise its liability rights for such defects shall cease. However, the rights of liability for defects may only be exercised by the purchasing organisation in respect of an agricultural organisation if the agricultural organisation has been informed of the defects in accordance with the provisions of Paragraph 15 (6).

(4) In the case of deliveries in sealed packages as referred to in Article 15 (7), the supplier shall be responsible for the declared quality of the whole delivery and the weight of each package. In the case of such supply, the purchasing organisation shall complain without undue delay, no later than 10 days after the date of delivery; otherwise her rights of liability for defects shall cease to exist. Where packaged deliveries have been filled as en route supplies, the provisions of paragraph 3 shall apply.

§ 17

Authorities entitled to take decisions on the quality of agricultural products

(1) The authorities entitled to take decisions on the quality of agricultural products in the territory of the Republic concerned under the relevant rules are:

(a) the Central Control and Examination Institute of Agricultural in Prague and the Ústrenný kontrollý a skošobný ústav poľnohodársky v Bratislava (the "Control Institute of the Republic"), if it is about seed, seed, seed, nurseries, hatching eggs, day-old chicks of poultry, milk and sheep cheese,

(b) the veterinarian, when it comes to breeding and productive animals as well as whether the animals for slaughter are to be supplied live or dead (Section 65), and also when it comes to fish handles, fedora and eggs;

(c) a veterinarian or a State inspection of the quality of agricultural products in Prague and Štátna inšpekcia akosti poľnohodársky výrobkov v Bratislava (hereinafter referred to as "State inspection of the quality of the Republic"), going for meat, slaughter poultry and fish,

d) State Institute for Drug Control in Prague and Štátny Institute for Control of Liečiv in Bratislava, where medicinal plants are concerned (the Institute for Drug Control),

(e) State inspection of the quality of the Republic, if other products are concerned.

(2) The costs of the quality decision shall be borne by the organisation for which the decision has been taken. These costs include, in particular, costs associated with the storage of products (Section 15 (5)).

§ 18

Evidence of receipt of delivery

(1) At the time of each delivery of agricultural products, the collector must issue proof of receipt of the supply signed by both organisations with the exception referred to in paragraph 5; is the total price purchase ticket, the total price purchase ticket or the takeover ticket.

(2) Specific rules are laid down in the terms of the purchase order with the aggregate price. 14) The purchase ticket without the aggregate price includes:

the name and address of the purchasing organisation;

the name and address of the supplier,

the number of the purchase note without the aggregate price,

the name of the customer's establishment,

the name of the supplier's establishment,

the day, month and year of delivery,

mode of transport,

the type, quantity and quality of delivery,

price per unit,

rainfall for drying, cleaning, etc.,

compensation for carriage,

other data needed for the settlement of mutual claims arising from delivery transactions, data on borrowed and returned packaging, etc.,

the supplier's signature,

the signature of the buyer.

The purchase note without the aggregate price shall be issued for deliveries of agricultural products on which a summary purchase note shall be issued in accordance with the special rules. 15)

(3) A purchase note with a cumulative price or a purchase note without a aggregate price (hereinafter referred to as the "purchase note ') shall be issued by the buyer even if, pursuant to Article 16 (1), the quality supplied by the agricultural organisation is paid for.

(4) The basis for the issue of the ticket shall be the delivery note certified by the consignee or, where applicable, a duplicate of the delivery note. The agricultural organisation shall transmit these documents to the purchasing organisation within two working days of completion of the delivery. The basis for the issue of the purchase note is for packaged deliveries (Section 15 (7)) the delivery note which the agricultural organisation is obliged to deliver immediately on completion.

(5) The purchase note need not be signed by the supplier if it has been issued

(a) after the quantity and quality have been established in accordance with Article 15 (4) and (5),

(b) on the basis of a receipt note in which the supplier has confirmed the quality verified by the customer in accordance with Article 15 (2),

(c) for en-route or packaged deliveries.

(6) The receipt note shall be issued immediately by the purchaser:

(a) if the supplier does not agree with the result of the verification of the quantities and quality of the agricultural products delivered pursuant to Article 15 (2) and (3),

(b) for partial deliveries made during the contractual period for which the purchase order is issued; 16) If there is a discrepancy in quality or quantity, a new take-over note shall be issued after the decision of the inspection authority,

(c) the supply of agricultural products for which the agricultural organisation agrees to the result of the verification of the quantities and qualities referred to in Article 15 (2) but cannot issue a purchase note immediately for technical reasons. 17)

(7) Partial deliveries from one comprehensive lot on one day may be accompanied by take-over tickets which are the basis for issuing the ticket for the total of all partial deliveries on that day.

(8) The receipt note shall state the name and address of the supplier and the buyer, the place where the agricultural products are delivered, the type, quantity of products delivered, the date and the place of collection. The take-over note referred to in paragraph 6 (a) shall also contain the quality information provided by both organisations. The removal note referred to in points (b) and (c) of paragraph 6 and in paragraph 7 shall also indicate the quality of the check.

(9) Where the member organisations of the cooperative association carry out deliveries of agricultural products in the name and account of the operator, they shall be issued in their name. In such a case, the contract with the operator shall at the same time agree that the operator shall submit to the purchasing organisation, within the agreed period following the end of the supply, a breakdown of the total quantity of transactions per member organisation.

§ 19

Account of deliveries

(1) The performance of the contract shall be taken into account in the quality of agricultural products corresponding to the technical standards and, where appropriate, the quality conditions referred to in Part Three and, if the quality is not so determined, in the quality agreed in the contract. Supplies of products shall be counted in net weight, in pieces or in litres.

(2) Net weight means the actual weight of the agricultural product, reduced by weight reductions or increased by a weight premium to the extent specified by the relevant technical standards or in Part Three.

(3) The performance of supplies in the case of animal products is to be taken into account only for the obligations of the current month; However, an overrun of the agreed monthly quantity shall be taken into account for the fulfilment of the year-round supply volume.

§ 20

Packaging

(1) Where the technical standard or price regulation provides that agricultural products are to be delivered in packages, the buyer shall provide the supplier, free of charge, with the necessary quantity of packaging in the appropriate technical condition; the buyer shall also ensure the transport of packaging to the premises of the agricultural organisation for its cargo. The supplier is not entitled to use packaging for other purposes.

(2) Suppliers shall be required to prepare the packaging provided which they have not returned with the last delivery to the customer, unless otherwise agreed, no later than 10 days after the date of the invitation. If the supplier of the packaging does not prepare for repayment within this period, the buyer shall charge the supplier of the periodic penalty payment equal to 50% of the registered price of the non-returned packaging. 18) However, the obligation to return the packaging provided shall continue after payment of the periodic penalty payment. If the supplier cannot return the packaging at all, he is obliged to pay their registration price in addition to the penalty payment. 18)

(3) Re-transport of the packages returned in time shall be ensured by the customer for his cargo; belatedly returned packaging must be delivered to the customer's warehouse for its cargo by the supplier.

Oddíl třetí

General conditions for the supply of agricultural needs

§ 21

The provisions of this Section shall apply to supplies of agricultural needs, unless otherwise specified in Part Four.

§ 22

Conclusion of contracts

(1) Contracts for the supply of agricultural needs shall be concluded within the time limits referred to in paragraphs 1 and 7 of Section 9 or, where appropriate, in Part Four.

(2) The supply of agricultural needs for the joint operation of the cooperative association is provided in the contract either by each member organisation individually or by the operator for all members of the cooperative association.

§ 23

Delivery periods

(1) If the organisation does not agree on shorter periods, the delivery periods for agricultural needs shall be set to the nearest quarter.

(2) If it is to be fulfilled only on a specific day or only within a certain time limit, the approved organisation must notify the other organisation without undue delay if it wishes to insist on the completion after the specified time; if it does not do so, it cannot later insist on being fulfilled. The agricultural organisation shall not be obliged to take over after the deadline.

§ 24

Complaints

(1) If the purchaser is of the opinion that the quality of the agricultural needs delivered does not correspond to the quality laid down, he must inform the supplier thereof without delay; where evidence of defects is provided by sampling, it shall be requested to be taken together. The minutes of the hearing and, where appropriate, of the sampling, in which the customer described the defect, or as shown, replace the complaint. In the absence of negotiations on the removal of defects or joint sampling, the buyer shall ensure his rights by written complaints.

(2) Where, in accordance with paragraph 1, an agricultural purchasing and supply undertaking, a breeding and seed establishment or a branch of Chmelariny Žatec has been notified as a supplier of agricultural needs, it shall be obliged to send to the agricultural organisation within three days, in the case of feed and seed hops, within 24 hours of the notification of the authorised representative, who shall verify on-the-spot the notified defects, discuss the removal thereof and, where appropriate, ensure proper sampling of the samples and record the negotiations referred to in paragraph 1.

(3) In the case of defects in the supply of agricultural needs reflected in the crop (in particular in the supply of defective seeds, seed crops and nurseries, chemical and biological plant protection products and fertilisers and in the supply of defective work), the supplier shall, within seven days of the date of notification of the defect, convene a local survey in the crop, to which he shall invite, in particular, the Control Institute of the Republic, the Buyers, the seed crops, the seed crops and the nurseries, the propagator (§ 52), the district (county) agricultural administration and, where appropriate, the relevant State insurance undertaking.

(4) In the absence of an agreement on the treatment of notified or, where applicable, claimed defects in feedingstuffs which are manifested on animals by a decrease in additions or by other means (Section 122), or where suspected of such defects, the supplier shall immediately convene a local inquiry to which he shall invite, in particular, the Control Institute of the Republic, the customers, the Regional Agricultural Administration, the State Veterinary Administration and, where appropriate, the relevant State Insurance Company.

(5) The results of the local investigation referred to in paragraphs 3 and 4 shall be recorded in which the supplier, the customer, the control institute of the Republic, the State Veterinary Administration and other invited organisations shall give their views on the defects identified. If it has not been claimed before, this entry replaces the claim.

Date of Promulgation	20.10.1976
Effective from	01.01.1977
Effective until	-
Status	Valid

Decree No. 123 / 1976 Coll.

Decree of the Federal Ministry of Agriculture and Nutrition on the basic conditions of supply of agricultural products and needs

Contents