Decree No. 137 / 1985 Coll.
Decree of the Federal Ministry of Agriculture and Nutrition amending and supplementing Decree of the Federal Ministry of Agriculture and Nutrition No. 49 / 1977 Coll.
Valid
Effective from 01.01.1986
137
DECLARATION
Federal Ministry of Agriculture and Nutrition
of 20 December 1985
amending and supplementing Federal Ministry of Agriculture and Nutrition Decree No 49 / 1977 Coll., laying down the basic conditions for the supply of food and certain other products
The Federal Ministry of Agriculture and Nutrition, in agreement with the participating central authorities and the State Arbitration of the Czechoslovak Socialist Republic, provides, pursuant to Article 392 (1) of Economic Code No. 109 / 1964 Coll., in the full version published under No. 45 / 1983 Coll. (hereinafter referred to as "the Act"):
Decree of the Federal Ministry of Agriculture and Nutrition No 49 / 1977 Coll., issuing the basic conditions for the supply of food and certain other products, is amended as follows:
1. Paragraph 2, including the title, reads:
Preparatory contracts
(1) In order to improve the fulfilment of the needs of the internal market and to stabilise long-term supply and customer relations, organisations or economic management bodies shall conclude preparatory contracts, such as supply preparation contracts or cooperation agreements. 1)
(2) In particular, the organisation's preparatory contracts
(a) indicate the estimated total annual volume of deliveries per quarter and their product mix;
(b) negotiate the arrangements for the conclusion of supply contracts or, where appropriate, the dates of joint contractual negotiations;
(c) negotiate the conditions for market research and coordination in its implementation;
(d) negotiate the conditions for cooperation on the product innovation section in accordance with approved programmes, with particular regard to the requirements of rational nutrition and the expansion of the range;
(e) negotiate the terms and conditions of cooperation on the promotion section, in particular the extent of the supply of promotional material or other means provided by the supplier for free promotion of his own products;
(f) negotiate a procedure for the management of supplies to be produced by the supplier as a result of the fact that the total volume or volume of supplies in a particular product range was lower than agreed in the preparatory contract.
(3) In cases where a contract for the preparation of supplies has been specifically established or imposed, the customer shall submit a draft contract for the preparation of supplies no later than one month after the date of the acquisition of the protocol and, if there is a discrepancy, from the decision by the superior economic authorities. In other cases, the buyer shall submit a draft contract for the preparation of supplies no later than 30 September of the year preceding the first delivery.
(4) The contract for the preparation of supplies is concluded for at least one year.
(5) If the customer has not submitted a draft delivery contract to fulfil the contract's obligation to prepare the supplies for the full extent and content of the products, he shall be obliged to pay the supplier a periodic penalty payment of 5% of the price of the products and, where appropriate, the average prices of the product groups for which he has not complied with the obligation to submit the draft contract. Such periodic penalty payments need not be charged and enforced. ';
2. Article 3, including the title, reads:
Delivery contract
(1) The collector must submit a draft delivery contract (order) no later than 45 days before the beginning of the quarter in which the delivery is to be made.
(2) Where, by agreement of the organisations or their superior bodies, monthly delivery contracts are concluded for certain products, the purchaser shall submit the draft contract no later than the 12th day of the preceding month, unless the organisation has agreed otherwise.
(3) In the draft contract, the customer shall define the subject matter of the transaction by indicating the detailed assortment, including the packaging and the number of the single classification of industries and products. The supplier shall be obliged to comment on the draft contract within 10 days of receipt of the contract, even if the draft contract was submitted late.
(4) If the organisation or their superior bodies are satisfied that the quantity and the detailed product range are agreed at joint contracting meetings, which shall take place no later than 35 days before the beginning of the quarter in which deliveries are to be made, the registration of these negotiations shall be a contract, provided that it contains the elements of the economic contract and is signed by the customer and the supplier.
(5) In cases where the quantity and range of products are determined for each quarter or month by the operational breakdown carried out by the superior authorities, such breakdowns shall impose obligations on suppliers and customers within the meaning of Article 118 of the Act. '
3. In Paragraph 4 (2), the second sentence is deleted.
4. In Article 8, paragraphs 1 and 2 are replaced by the following paragraph 1:
"(1) The transport of products to the destination is provided by the supplier. In the event that the customer provides for the removal of products from the works (warehouse) of the supplier for his cargo and the transport costs are included in the price, the supplier is obliged to provide a deduction from the wholesale price (sales premium) in accordance with specific regulations. 2a) '.
Paragraphs 3, 4 and 5 shall become paragraphs 2, 3 and 4.
5. the following paragraph 4 is added to Article 10:
"(4) The supplier shall be obliged to allow the customer to carry out his entry check at the supplier's plant before the delivery is completed. In order to carry out an initial check on the customer, competent staff shall be authorised to entrust the superior authority to the customer, unless otherwise agreed by the organisation. In cases where it is found that the products are defective in the course of such checks, the customer's operator carrying out the initial check shall be entitled to verify the quality of the products during the production process. ';
6. Paragraph 13, including the title, reads:
Labelling of products
Where there is a change in the retail price, the labelling of products shall be carried out in accordance with specific rules. 5a) '.
7.
Organisations may not agree in the contract by way of derogation from the provisions of this Decree, except for Sections 4 (2), 5, 8 (4), 9 (1) and 10 (2) and 4. '
This Decree shall take effect on 1 January 1986.
Minister:
Toman CSc. v. r.
1) Sections 162 to 164 of the Act.
2) Paragraph 4 (5) of the Decree of the State Planning Commission and the State Arbitration of the Czechoslovak Socialist Republic No. 48 / 1980 Coll., on the material balance and discussion of supply-customer relations in the planning process.
3) Paragraph 7 (6) of Decree No. 48 / 1980 Coll.
2a) Paragraph 24 (7) of the Order of the Federal Price Office, the Czech Price Office and the Slovak Price Office No. 113 / 1985 Coll., on Prices.
5a) The proceeds of the Federal Price Office, the Czech Price Office and the Slovak Price Office of 29. 11. 1985 No. V-3 / 86 on pricing and labelling of products at retail prices, registered at 32 / 1985 Coll.
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Regulation Information
| Citation | Federal Ministry of Agriculture and Nutrition Decree No. 137 / 1985 Coll., amending and supplementing Federal Ministry of Agriculture and Nutrition Decree No. 49 / 1977 Coll. |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 20.12.1985 |
|---|---|
| Effective from | 01.01.1986 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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