Government Decree No. 148 / 2005 Coll.
Government Decree on the conditions for granting non-food use of oilseed seed for the production of rape oil methyl ester
Valid
Regulation
Effective from 22.04.2005
148
GOVERNMENT REGULATION
of 6 April 2005
laying down the conditions for granting aid for the non-food use of oilseed rape for the production of rape oil methyl ester
The Government mandates 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., Act No. 41 / 2004 Coll., Act No. 85 / 2004 Coll., Act No. 237 / 2004 Coll. and Act No. 482 / 2004 Coll., ("the Act '):
Subject matter
This Regulation provides for the granting of a subsidy to a natural or legal person (the applicant) The State Agricultural Intervention Fund (hereinafter referred to as the Fund) for the non-food use of rapeseed seed for the production of rapeseed oil methyl (1), processed into a mixed palilio2) containing at least 31% by volume of rapeseed oil methyl, intended for the propulsion of combustion diesel engines.
Application for subsidy
(1) The subsidy for the non-food use of oilseed rape for the production of rapeseed methyl ester processed into mixed fuel (hereinafter referred to as "the subsidy") shall be granted to the applicant on the basis of his application for a subsidy, submitted to the Fund by means of a form issued by the Fund (hereinafter referred to as "the application"), on the results of the management of the production of rapeseed methyl ester during the period from 1 July 2005 to 31 December 2005 and from 1 January 2006 to 31 December 2006 (hereinafter referred to as "the processing period") as compensation for the increased operating costs of the production of rapeseed oil methyl ester and its lower energy efficiency in the case of its processing into a mixed fuel (2), compared to engine nature3).
(2) The subsidy shall be granted to the applicant if:
(a) it is established in the territory of the Czech Republic, if it is a citizen of a Member State of the European Union, or a legal person established in a Member State of the European Union or, if it is a person from a third country, proves that he is entitled to do business in the territory of the Czech Republic,
(b) is an entrepreneur under specific legislation;
(c) the applicant's business is the processing of seed of oilseed rape for the production of rapeseed methyl ester or another chemical production sector involving that activity;
(d) deliver an application for grant to the Fund by 1 June at the latest if the grant is to be granted for the 2005 processing period and 31 December 2005, if the grant is to be granted for the 2006 processing period;
(e) part of the applicant's long-term tangible assets is a functional production plant for the processing of oilseed rape for the production of rape oil methyl ester situated in the Czech Republic (hereinafter referred to as "production plant"),
(f) demonstrate that it has processed the rapeseed oil methyl for which a subsidy is to be granted for mixed fuel or that it has sold the rapeseed oil methyl to the blending fuel manufacturer;
(g) it has due liabilities to the Czech Republic - Ministry of Agriculture, the Fund, the Land Fund of the Czech Republic, the Support and Guarantee Roller and Forestry Fund, a.s., the Czech Consolidation Agency and the National Property Fund of the Czech Republic, as well as payable liabilities related to aid or subsidies granted to agriculture, and it does not have arrears in taxes, insurance premiums for public health insurance, insurance premiums for social security and contribution to the state employment policy, including periodic penalty payments, except where it has been authorised to repay arrears in instalments and pays them properly and on time;
(h) he is not in liquidation, he has not been declared bankrupt on his property or his application for bankruptcy has not been rejected for lack of property.
(3) The application shall include:
(a) an affidavit with an officially certified signature of the applicant on the form issued by the Fund on the facts referred to in paragraph 2 (g) and (h);
(b) the contract, or an officially certified copy thereof, with the customer who is the producer of the blending fuel, for the processing of the supplied rapeseed oil methyl ester into the blended fuel, unless the producer of the blending fuel is the applicant for the quantity referred to in paragraph 4;
(c) an expert opinion demonstrating the production capacity of the applicant's production plant in accordance with paragraph 2 (e) for the production of oilseed rape oil and for the production of rapeseed oil methyl from that oil in accordance with paragraphs 4 and 5;
(d) a document or an officially certified copy thereof proving that the applicant complies with the conditions laid down in paragraph 2 (a) to (c).
(4) The applicant shall indicate in the application the quantity of oilseed rape which he expects to process into rapeseed methyl ester during the processing period and the quantity of rapeseed methyl ester which he expects to produce from this quantity of oilseed rape seed when the condition for subsequent processing is met into the mixed fuel referred to in paragraph 2 (f) in the processing period.
(5) The quantity of oilseed rape referred to in the application referred to in paragraph 4 shall correspond to at least 2,8 times the quantity of rapeseed methyl that the applicant has indicated in the application referred to in paragraph 4 and which can be proven to be produced in the applicant's production facility, as indicated in the expert report referred to in paragraph 3 (c).
Assessment of the application for subsidy
If the Fund finds, when assessing the application for subsidy, that the applicant has indicated a quantity of rapeseed oil methyl ester more than it can process in the production facility included in its long-term tangible assets during the processing period into rapeseed oil methyl ester, it shall reject the application.
Decision of the Fund on the application
(1) The Fund grants a subsidy for the processing of oilseed rape for the production of rapeseed methyl ester for the processing period
(a) from 1 July 2005 to 31 December 2005 for a quantity of 50 000 tonnes of rapeseed methyl ester,
(b) from 1 January 2006 to 31 December 2006 for a quantity of 125 000 tonnes of rapeseed methyl ester.
(2) If the total quantity of rapeseed methyl, as indicated in the non-rejected applications, exceeds the quantity referred to in paragraph 1, the Fund shall, in the same proportion, reduce to all applicants the quantity of rapeseed methyl for which the subsidy will be granted.
(3) In the decision to grant the subsidy, the Fund sets out the quantity of rapeseed oil methyl ester for the production of mixed fuel and the amount of the subsidy for the processing period.
Amount of subsidy
The subsidy amounts to CZK 3,680 for the 2005 processing period and CZK 6,570 for the 2006 processing period for 1 tonne of rapeseed methyl ester.
Conditions for payment of the subsidy
(1) For the purposes of paying the subsidy, the applicant shall submit to the Fund:
(a) an overview of the quantity of processed oilseed rape and the quantity of rape oil methyl ester produced on the form issued by the Fund;
(b) a document, or an officially certified copy thereof, showing the quantity of mixed fuel produced by the applicant;
(c) the document, or an officially certified copy thereof, showing the quantity of rapeseed methyl ester delivered by the applicant for the production of mixed fuel to the customer who is the producer of the mixed fuel;
(d) an affidavit with an officially certified signature on the form issued by the Fund that the applicant has contractually committed to the customer who is the producer of the mixed fuel to use the quantity of rapeseed oil methyl sold exclusively for the production of the mixed fuel;
(e) proof of purchase of the corresponding volume of oilseed rape for the quantity declared for the quantity of rapeseed methyl ester produced; the quantity of oilseed rape purchased shall be at least 2,8 times the quantity of rape oil methyl produced,
(f) an affidavit with an officially certified signature on the form issued by the Fund that the applicant has settled due liabilities to the Czech Republic - the Ministry of Agriculture, the Fund, the Land Fund of the Czech Republic and the National Property Fund of the Czech Republic, as well as payable commitments related to aid or subsidies granted to agriculture and does not have tax arrears, insurance premiums for public health insurance, social security premiums and contributions to the state employment policy, including periodic penalty payments, except where it has been authorised to repay arrears in instalments and pays them in due time;
(g) an affidavit with an officially certified signature on a form issued by the Fund stating that the applicant is not in liquidation or his property has not been declared bankrupt or that the application for bankruptcy has not been rejected for lack of assets;
not later than 7 calendar days after the end of the relevant calendar month.
(2) The applicant shall also submit to the Fund for payment of the subsidy:
(a) an officially certified copy of the mineral oil tax return (4), including a document certified by the producer of the blending fuel, indicating the actual quantity of rapeseed oil methyl ester per supplier of the rapeseed oil methyl used for the production of the blended fuel referred to in the mineral oil tax return (4) contained in the blended fuel, if the producer of the blended fuel referred to in paragraph 1 (b) is the applicant;
(b) an officially certified copy of the mineral oil tax return (4), including a document certified by the customer who is the producer of the blending fuel, indicating the actual quantity of rapeseed oil methyl ester per supplier of the rapeseed oil methyl used for the production of the blending fuel referred to in the mineral oil tax return (4) contained in the blended fuel, unless the producer of the blending fuel referred to in paragraph 1 (b) is the applicant;
(c) an officially certified copy of the settlement of the payment obligation resulting from the tax return for mineral oil (4), as referred to in (a) or (b);
not later than 60 calendar days after the end of the relevant calendar month, if it is the 2005 processing period and 60 calendar days after the 2006 processing period.
(3) On the basis of the applicant's proven production of rapeseed methyl oil processed into a mixed fuel or on the basis of the applicant's proven sales of rapeseed methyl oil processed into a mixed fuel, the Fund shall pay to the applicant, within 15 days of the date of submission of the specified documents, a subsidy up to the amount fixed for the processing period by a subsidy decision issued pursuant to Article 4.
Efficacy
(1) This Regulation shall enter into force on the day of its publication.
(2) This Regulation shall expire on 31 December 2006.
Prime Minister:
JUDr. Gross v. r.
Minister for Agriculture:
Ing. Palas v. r.
1) Paragraph 2 (c) (3) of Decree No. 229 / 2004 Coll., laying down fuel requirements for the operation of vehicles on the road and how to monitor and monitor their quality.
2) § 2 (d) of Decree No. 229 / 2004 Coll.
3) § 2 (b) of Decree No. 229 / 2004 Coll.
4) Act No. 353 / 2003 Coll., on Consumer Taxes, as amended by Act No. 234 / 2004 Coll., Act No. 313 / 2004 Coll., Act No. 479 / 2004 Coll. and Act No. 693 / 2004 Coll.
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Regulation Information
| Citation | Government Decree No. 148 / 2005 Coll., laying down the conditions for granting a subsidy on the non-food use of oilseed rape for the production of rape oil methyl ester |
|---|---|
| Regulation Type | Regulation |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 22.04.2005 |
|---|---|
| Effective from | 22.04.2005 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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