Act No. 128 / 2003 Coll.
Act amending Act No. 256 / 2000 Coll., on the State Agricultural Intervention Fund and amending certain other laws (Act on the State Agricultural Intervention Fund) and Act No. 252 / 1997 Coll., on Agriculture, as amended
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Law
Effective from 04.06.2003
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128
THE LAW
of 2 April 2003
amending Act No 256 / 2000 Coll., on the State Agricultural Intervention Fund and amending certain other laws (Act on the State Agricultural Intervention Fund) and Act No 252 / 1997 Coll., on Agriculture, as amended
Parliament has decided on this law of the Czech Republic:
Amendment 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)
Act No. 256 / 2000 Coll., on the State Agricultural Intervention Fund and amending certain other laws (Act on the State Agricultural Intervention Fund) is amended as follows:
1. In Article 1, at the end of paragraph 1, the sentence "The Fund shall be the responsibility of the Ministry of Agriculture (" the Ministry '). 1a)'.
Footnote (1a):
"(1a) Paragraph 28 (2) of Act No. 218 / 2000 Coll., on budgetary rules and amending certain related laws (budgetary rules), as amended."
2. in Paragraph 1 (2), including footnotes (1b) to (1e):
"(2) The Fund, in accordance with the laws, regulations and international treaties with which the Czech Republic is bound,
(a) decide to grant the subsidy (1b) and check compliance with the conditions for granting the subsidy;
(b) carry out intervention purchases of agricultural products and foodstuffs and ensure storage and, where appropriate, processing of such agricultural products and foodstuffs;
(c) sells or otherwise transfers agricultural products and foodstuffs, or products resulting from the processing of agricultural products or foodstuffs purchased from intervention;
(d) carry out activities related to the production quota system;
(f) grants subsidies on exports of agricultural products and foodstuffs;
(g) decide on the granting of licences for the import and export of agricultural products and foodstuffs and check compliance with the conditions for the granting of licences;
(h) carry out activities related to the guarantee scheme for agricultural products and foodstuffs, 1c)
(i) levy, collect and levy financial levies on sugar production under special legislation, 1d)
(j) implement further measures under specific legislation. (e)
1b) § 3 (a) of Act No. 218 / 2000 Coll.
(1c) Commission Regulation (EEC) No 2220 / 1985 laying down common detailed rules for the application of the system of guarantees for agricultural products.
1d) Council Regulation (EC, Euratom) No 1150 / 2000 implementing Council Decision (EC, Euratom) No 728 / 1994 on the system of the Communities' own resources.
1e) § 2a of Act No. 252 / 1997 Coll., on Agriculture, as amended by Act No. 128 / 2003 Coll. '
3. In Article 1, paragraphs 3 to 6 are deleted.
4.
Definition of terms
For the purposes of this Act:
(a) by buying in agricultural products or foodstuffs by the Fund in order to avoid an undesirable drop in the market price;
(b) subsidies for exports of non-refundable aid intended to bridge the difference between domestic prices and world market prices for exports of agricultural products or foodstuffs whose exports are desirable in terms of market stability;
(c) a summary of the rules for the initial allocation of individual production quotas, the management of the quota production, the procedure for exceeding the individual production quota, the provision of information necessary for the functioning of the production quota system, the management of the reserve for increasing the existing or the allocation of new individual production quotas, transfers and reductions of individual production quotas for the purpose of organising the market for the relevant agricultural products or foodstuffs;
(d) by an individual production quota, the quantities of agricultural product or foodstuff produced by the person entitled to make use of that quota and which may be placed on the designated market during the period concerned, without being charged a levy or other measure;
5. Article 3, including footnotes 1) to 4) shall be deleted;
6. In Article 4, the current text becomes paragraph 1 and the following paragraph 2 is added:
"(2) The Fund is required, in the framework of the implementation of the common market organisations under the Specific Legislation (1e), to submit reports and financial statements to the competent authorities of the European Communities at the specified dates laid down by the relevant legislation of the European Communities."
7. Article 5, including footnote 5, shall be deleted;
8.
Subsidy from the Fund from the State Budget
The Chamber of Deputies approves at the same time as the draft state budget of the Czech Republic
(a) the grant of the Fund from the State Budget intended to carry out the activities referred to in Article 1 (2);
(b) the grant of the Fund from the State budget intended to cover the administrative expenditure of the Fund. "
9. The following Sections 6a and 6b are inserted after Article 6, including the headings and footnotes Nos 6a to 6c:
Financial resources of the Fund
(1) The financial resources of the Fund are:
(a) grants from the State budget intended to carry out the activities referred to in Article 1 (2);
(b) subsidies from the State budget intended to cover the administrative expenditure of the Fund;
(c) revenue from the sale of agricultural products and foodstuffs purchased by the Fund;
(d) aid granted by the European Communities or any other foreign body;
(e) loans granted to the Fund for the implementation of the activities referred to in Article 1 (2), interest on the Fund's deposits, securities income, contractual fines, fines, levies, claims and other income;
(f) resources from the National Fund6a) to implement common market organisations under specific legislation, 1e)
(g) the costs associated with the selection of a final decision on the levy on sugar production pursuant to Article 11h (5) and the costs associated with the recovery of the funds to be recovered from the Fund, at the rate laid down in the specific legislation;
(h) refunds and periodic penalty payments.
(2) The financial resources referred to in paragraph 1 (a), (c), (e), (g) and (h), paragraph 1 (b) and paragraph 1 (d) and (f) of the Fund shall be held in separate bank accounts.
(3) In addition to the financial resources from the State budget, for the purpose of carrying out the activities referred to in Article 1 (2), revenue from the sale of agricultural products and foodstuffs bought in in intervention referred to in paragraph 1 (c) may be used for this purpose, loans, interest on the Fund's deposits, income from securities, contractual fines, fines, levies, insurance premiums and other income referred to in paragraph 1 (e) and the subsidies and periodic penalty payments referred to in paragraph 1 (h).
(4) Unspent financial resources referred to in points (a), (c), (e) and (h) of paragraph 1 shall be transferred to the following calendar year to carry out the activities referred to in paragraph 1 (2) and the unspent financial resources referred to in paragraph 1 (b) and (g) shall be transferred to the following calendar year to cover the administrative expenditure of the Fund.
(5) Only the financial resources referred to in paragraph 1 (b) and (g) may be used to cover the administrative expenditure of the Fund.
(6) The Fund may, in order to bridge the period between the implementation of expenditure relating to the implementation of the common organisation of the market pursuant to the specific legislation (1e) and its reimbursement from the budget of the European Communities, use the loan with the agreement of the Ministry.
Management of the Fund
(1) The Fund is responsible for the management of the property of the Czech Republic under special legislation. (b)
(2) The Fund regularly checks the stocks of agricultural products and foodstuffs purchased by it. The management of the fund's assets shall be decided by the Director of the Fund in accordance with the Fund's Statute.
(3) The Fund may acquire only the securities issued by the State or the securities guaranteed by the State for the repayment of which the State has guaranteed, except where the Fund receives the securities by transfer exclusively from the organisational units of the State and the state organisations responsible for the management of the State's assets, (6b) from the public limited liability companies of which the Czech Republic is a shareholder and from the Land Fund of the Czech Republic.
(4) In carrying out the activities referred to in Article 1 (2), the Fund shall ensure the separate validation of payments, the implementation of payments and the accounting of payments under a specific legislation. (c)
6a) Sections 37 and 38 of Act No. 218 / 2000 Coll., as amended.
6b) Act No. 219 / 2000 Coll., on the property of the Czech Republic and its presentation in legal relations, as amended.
(c) For example, Council Regulation (EC) No 1663 / 1995, which lays down detailed rules for the application of Council Regulation (EEC) No 729 / 1970 with regard to the procedure for the accounts of the EAGGF Guarantee Section. '
10. in Article 7 (1), the word "presidium," shall be deleted;
11. in Paragraph 7 (2):
"(2) Details of the activities of the Fund shall be laid down in the Statute of the Fund, approved by the Government. The organisation of the Fund shall be based on the relevant legislation of the European Communities. 6c) '.
12. in Article 7 (3), the words "Members of the Presidium," shall be deleted;
13. in Article 7 (3), "Article 1 (6)" is replaced by "Article 11c (6)" and "Article 5 (7)" is replaced by "Article 12a (4)."
14. in Article 7 (5), the words "presidium and" shall be deleted and the words "these institutions" shall be replaced by the words "that institution."
15. in the first sentence of Article 7 (7), the words "The Fund shall be established for each commodity included in a market organisation" shall be replaced by the words "The Fund shall be established for each commodity to carry out the activities referred to in Article 1 (2)," the words "At least" shall be inserted after the words "the organisation of the market" and the words "The Fund shall be replaced by" the implementation of the activities referred to in Article 1 (2). "
16. in Article 7 (7), first and third sentences, the word "presidium" shall be replaced by "Fund" and the word "presidium" in the third sentence shall be replaced by "Fund."
17. In Paragraph 8 (2), the fourth sentence is replaced by the sentence "The proposal for the appointment and removal of the Vice-President and members of the Presidium shall be submitted to the Government through the Minister of Agriculture by the statutory bodies of the institutions which are represented in the presidium."
18. in Paragraph 8 (2), the fifth and seventh sentences are deleted.
19. in Article 8 (5), points (a) and (b) shall be deleted and points (c) to (k) shall be renumbered as points (a) to (i).
20. in Article 8 (5) (a), the words "others" shall be deleted and the words "pursuant to Article 3 (3)" shall be replaced by the words "in relation to the activities referred to in Article 1 (2),"
21. in Article 8 (5) (b), the words "(§ 5 (5))" are replaced by the words "unless otherwise provided for in this law (§ 13 (13))."
22. in Article 8 (5) (c), the words "market organisation" shall be replaced by the words "carrying out the activities referred to in Article 1 (2)."
23. in § 8 (5) (d):
"(d) approve the draft budget of the Fund and, after approval of the State budget for the relevant year, the budget of the Fund, the proper accounts of the Fund, the annual activity report of the Fund and the sub-activity and management reports of the Fund requested by the Ministry or Government,";
24. in Paragraph 9 (1), the word "presidium" shall be replaced by the words "Supervisory Board."
25. In the first sentence of Paragraph 9 (2), the words' on a presidium proposal 'shall be deleted and in the second sentence the words' in the presidium of the Fund or 'shall be deleted.
26. In Paragraph 9 (4), the semicolon is replaced by a dot and the remainder of the sentence is deleted.
27. in Paragraph 9 (5), the words "propose the presidium of appointment and appeal" shall be replaced by "appoint and dismiss."
28. The following Section 9a is inserted after Section 9, including the title:
Scope of the Ministry
The Ministry is responsible for:
(a) to decide on an appeal against a decision of the Fund, unless otherwise provided for in that law;
(b) propose to the Government the appointment and removal of the Director;
(c) determine the salary of the Director and his / her representative in accordance with a special legislation, 8)
(d) approve the draft budget of the Fund and, after approval of the State budget for the relevant year, approve the budget of the Fund;
(e) approve the amount of the credit pursuant to Paragraph 6a (6);
(f) to decide on the remission or partial remission of the obligation to pay periodic penalty payments on exceptional and special account grounds, unless otherwise provided in the specific legislation. "
29. in Paragraph 10 (1), the third sentence is deleted;
30. in Paragraph 10 (1), the comma at the end of point (b) shall be replaced by a dot and points (c) and (d) shall be deleted;
31. in Article 10 (4), the words "and members of the presidium" shall be deleted;
32. Paragraph 11, including the title, reads:
Subsidy
(1) The Fund provides subsidies in accordance with this Act, the Agriculture Act and the Government Regulations for their implementation.
(2) In deciding on the granting of subsidies, the Fund shall have the status of a public authority.
(3) If the Fund finds that the conditions for granting the subsidy have not been met, it will impose a repayment under Paragraph 11a.
(4) Both the Fund and the beneficiary of the subsidy shall keep for a period of 10 years documents proving the grant and use of the subsidy, unless otherwise provided in the specific legislation. '
33. The following Sections 11a to 11i are inserted after Section 11, including the headings and footnotes Nos 9a to 9h:
Repayment of subsidies and periodic penalty payments
(1) If the beneficiary of the subsidy has obtained a grant from the Fund on the basis of the false data provided by it, he shall repay the grant in full to the Fund and pay the penalty payment to the Fund at the same time as the amount of the grant, up to a maximum of that amount. The penalty shall be calculated from the date on which the amount of the subsidy is written off from the Fund's account until the date on which it is credited to the Fund's account.
(2) If the beneficiary proves that he could not have been aware of the illegality of the data on the date of disclosure of the grant, the Fund shall limit the repayment of the grant to only the part provided on the basis of false data and shall not impose periodic penalty payments.
(3) If, during the period to which the subsidy is granted, the beneficiary has not fulfilled one of the conditions to which the grant was granted, he shall be obliged to repay the subsidy to the Fund and pay the penalty payment to the Fund at the same time on a daily basis from the amount of the subsidy reimbursed, up to a maximum of that amount. The penalty shall be calculated from the date on which the amount of the subsidy is written off from the Fund's account until the date on which it is credited to the Fund's account.
(4) If, during the period to which the subsidy is granted, the beneficiary has not fulfilled only one of the conditions to which the grant was granted, for exceptional and special reasons appropriate, the Fund may, if requested by the beneficiary, limit the repayment of the grant granted in view of the extent of the beneficiary's evidence.
(5) If the beneficiary of the subsidy has obtained a grant on the basis of false data, with the exception of those referred to in paragraph 2, the Fund shall not grant it any subsidy for the following two years.
(6) Repayment of the subsidy and periodic penalty payments may be imposed no later than 10 years from 1 January of the year following the year in which the conditions for granting the subsidy were not met.
(7) Penalties which in individual cases do not exceed CZK 3,000 shall not be imposed unless otherwise provided for in the specific legislation.
(9) Repayment of the subsidy and periodic penalty payments should be imposed by decision. Subsidies and penalty payments are enforced by the Fund.
(10) The budgetary rules shall not apply in the cases referred to in paragraphs 1 to 9. 9a)
Export subsidy
(7) The export subsidy is granted by the Fund in accordance with specific legislation. (c)
Intervention buying and selling
(1
(3) Only agricultural products and foodstuffs originating in the European Communities may be purchased by the Fund in intervention, unless specific legislation provides otherwise.
(4) The Fund sells or otherwise transfers intervention agricultural products and foodstuffs originating in the European Communities in accordance with specific legislation. 9d)
(5) The Fund will discuss its procedure for the implementation of intervention purchases and sales with the Administration of State tangible reserves.
(6) Intervention buying-in and selling and, where appropriate, related transport, storage and processing of agricultural products and foodstuffs are carried out by the Fund either alone or through another legal or natural person. The Fund shall select those persons in the selection procedure it declares. The Fund shall publish:
(a) notice of the holding of the selection procedure, in at least 1 national distributed journal and in a way that allows remote access;
(b) the conditions of the selection procedure, in a way that allows remote access;
(c) the results of the announced selection procedure referred to in (a), mutatis mutandis.
(7) The conditions for the implementation of intervention buying-in and selling of agricultural products and foodstuffs are laid down in a regulation. The Government may also determine the period during which intervention buying-in may take place for an individual agricultural product or food and, where appropriate, the quantity which the Fund may purchase.
Production quotas and their system
(1) Only agricultural product or food originating in the Czech Republic from agricultural raw materials originating in the Czech Republic may be used to fulfil an individual production quota, this product or foodstuff may not be used to meet an individual production quota for more than one person authorised to dispose of an individual production quota which has been allocated an individual production quota, where appropriate, which has acquired an individual production quota from another person authorised to dispose of an individual production quota (hereinafter referred to as the "quota holder").
(2) The production quota system will ensure that persons intending to enter the market can enter the market in each quota year under the conditions laid down by the Government Regulation
(a) apply for an individual production quota from the reserve; or
(b) acquire an individual production quota by transfer or, where appropriate, by transfer from another quota holder.
(3) An individual production quota or part thereof may be transferred by the holder of the quota by a written contract governed by general law, 9b) to another person (hereinafter referred to as "the acquirer of the quota"), unless otherwise provided by that law.
(4) The transfer referred to in paragraph 3 shall be notified in writing by the quota acquirer to the Fund without delay. The formalities for notification shall be laid down by the Government.
(5) The Fund shall, within 15 days of the date of receipt of the notification, issue a written confirmation that the transfer of an individual production quota or part thereof is registered if the conditions laid down in this Law and the Government Regulations are fulfilled. The date of issue of the certificate shall make the transfer of an individual production quota or part thereof effective against third parties.
(6) An individual production quota or part thereof may not be transferred by the holder of the quota during the first quota year to which the individual production quota or part thereof has been allocated from the reserve.
(7) The provisions of paragraph 6 shall not apply where the holder of the quota acquired from the reserve demonstrates, for an exceptional and special reason, that he was obliged to reduce the marketing of the agricultural product or foodstuff in the Czech Republic.
(8) The provisions of paragraphs 4 and 5 shall apply mutatis mutandis to the crossing of the quota.
(9) The quota holder who produces sugar or potato starch shall ensure that, in production facilities for the manufacture of sugar or potato starch, such measures are taken to enable the quantity of beet or potato processed to be checked and, at any stage of production, to check the quantity of sugar or potato starch produced.
(10) Under the terms and conditions of the production quota system, the Government, by regulation, provides for:
(a) the amount of the national production quota;
(b) the method of initial allocation of individual production quotas to individual applicants, respecting the principle of equal access to all applicants and the objective method of calculating individual production quotas;
(c) the minimum price or any other price limit;
(d) the method of fulfilling the reserve and the conditions for its distribution where the reserve is part of a production quota system;
(e) to the extent necessary for the functioning of the production quota system, the information which the quota holders or, where appropriate, other persons as defined by the Government Regulation will be required to provide to the Fund;
(f) the conditions under which the Fund shall reduce the individual production quota to quota holders;
(g) details of the arrangements for determining the quantities of sugar beet or potatoes processed and the quantities of sugar or potato starch produced.
Milk production quotas
(1) Individual milk production quotas are allocated to raw cow's milk producers.
(2) The individual milk production quota is composed of a delivery quota under which the quota holder sells or otherwise transfers raw cow's milk to another person, provided that it is further processed, and a direct sales quota under which the quota holder sells or otherwise transfers to another person without the possibility of further processing of milk and milk products from raw cow's milk produced by him.
(3) The fat content of raw cow's milk delivered shall be taken into account when filling the supply quota.
(4) For the purposes of this Act, a natural or legal person buying raw cow's milk from a quota holder shall be considered to be a consumer of milk and shall be registered by the Fund.
(5) The Fund shall include a natural or legal person in the register of milk purchasers at its request if such person:
(a) demonstrate that it is an undertaking authorised to conduct a business;
(b) undertake at any time to allow the authorised staff of the Fund access to accounting documents and other documents relating to the implementation of the milk production quota system in order to carry out checks on the performance of the obligations of customers in that system;
(c) undertake to send the Fund by 15 May of each calendar year an evaluation of the supply quota performance for the previous quota year to the extent and in the manner laid down by the Government Regulation.
(6) The Fund shall issue a certificate for the inclusion of a natural or legal person in the register of milk purchasers. If the Fund finds that the customer has repeatedly infringed the obligation referred to in paragraph 7 or has failed to fulfil the obligation referred to in paragraph 5 (b) or (c), it shall decide to withdraw the certificate and to withdraw the certificate from the register of milk customers. Decisions concerning the inclusion of a natural or legal person in the register of milk purchasers and decisions on the withdrawal of certificates and the exclusion from the register of milk purchasers shall be subject to the administrative rules, with the exception of time limits and exceptional remedies.
(7) The milk collector must:
(a) register compliance with the delivery quotas of its quota holders;
(b) at the request of the quota holder, inform another customer of the quantity of raw cow's milk delivered to him by that quota holder.
(8) The holder of the supply quota shall notify the Buyer Fund in writing before the beginning of the relevant quota year, including an identification number, if it is a legal person and a natural person with an allocated identification number, or the date of birth, if it is a natural person who has not been assigned an identification number, to whom raw cow milk will be supplied in the relevant quota year under its individual supply quota and who will be responsible for evaluating the fulfilment of its delivery quota.
(9) The delivery quota holder intending to deliver raw cow's milk to more than one customer during the relevant quota year shall notify the volume of part of the delivery quota to which each customer will be responsible before the beginning of the relevant quota year of the Fund. Where circumstances so require, the holder of the delivery quota may, during the relevant quota year, change the content of the notification if the Fund demonstrates that it has notified that amendment to all its customers. However, this amendment may be made no later than 30 days before the end of the quota year.
(10) The provisions of paragraph 9 shall apply mutatis mutandis to the holders of the supply quota which, during the relevant quota year, will simultaneously supply raw cow milk to more than one customer.
(11) The holder of the supply quota, which shall change the customer during the relevant quota year, shall notify the New Customer Fund immediately after the change has been made, including an identification number, if it is a legal person and a natural person with an assigned identification number, or the date of birth, if the natural person who has not been assigned the identification number, and the volume of the part of the supply quota for which the performance assessment is made by the new customer, the volume of the part of the supply quota for which the performance assessment is the original customer, shall not be less than that of the milk delivered to that customer during the quota year.
(12) The model of the application referred to in paragraph 5 and the details of the notification referred to in paragraphs 8 to 11 shall be laid down by the Ministry by a decree.
(13) If the holder of the quota fails to comply with the obligation laid down in paragraphs 8 to 11, he shall be obliged to evaluate the supply quota performance.
Sugar production quotas
(1) Individual sugar production quotas are State property. By allocating individual sugar production quotas, the State authorises the sugar producers to fill them for a specified period.
(8) The supply of sugar to the State tangible reserves is not considered as marketing sugar in the Czech Republic and is not part of the sugar production quota system.
(9) The quota holder may not produce sugar for a person other than another quota holder.
(10) The individual sugar production quota may not be transferred by the holder to another person.
(11) In the case of the sale of an undertaking or part thereof by a quota holder, the Fund shall allocate an individual sugar production quota of that quota holder, or part thereof, to the acquirer of the undertaking or part thereof, to the extent that the undertaking's acquirer or parts thereof are transferred obligations towards beet growers corresponding to the individual sugar production quota of the quota holder. The Fund shall also proceed in the same way in the case of the sale of the sugar production facility.
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Regulation Information
| Citation | Act No. 128 / 2003 Coll., amending Act No. 256 / 2000 Coll., on the State Agricultural Intervention Fund and amending certain other laws (Act on the State Agricultural Intervention Fund) and Act No. 252 / 1997 Coll., on Agriculture, as amended |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 05.05.2003 |
|---|---|
| Effective from | 04.06.2003 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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