Government Regulation No. 149 / 2005 Coll.
Government Regulation amending Government Regulation No. 115 / 2004 Coll., laying down certain procedures for implementing the measures of the common organisation of the market in starch, as amended by Government Regulation No. 543 / 2004 Coll.
Valid
Regulation
Effective from 22.04.2005
Text versions:
22.04.2005
149
GOVERNMENT REGULATION
of 13 April 2005
amending Government Regulation No 115 / 2004 Coll., laying down certain procedures for implementing the measures of the common organisation of the market in starch, as amended by Government Regulation No 543 / 2004 Coll.
The Government mandates for the implementation of Act No. 256 / 2000 Coll., on the State Agricultural Intervention Fund and for 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. 128 / 2003 Coll., Act No. 85 / 2004 Coll., and Act No. 317 / 2004 Coll.:
Government Regulation No. 115 / 2004 Coll., laying down certain procedures for implementing the measures of the common organisation of the market in starch, as amended by Government Regulation No. 543 / 2004 Coll., is amended as follows:
1. in Article 1 (a), "potato starch quota" is replaced by "potato starch1";
2. in Article 1 (e), the words "additional national subsidies for the 2004 / 05 marketing year to potato growers (hereinafter referred to as" additional subsidies ")" shall be replaced by the words "national additional payment to direct aid in the form of a subsidy to the result of the 2005 / 06 marketing year to potato growers (hereinafter referred to as" additional payment ")."
3. In footnote 1, the words "Commission Regulation (EC) No 97 / 95 of 17 January 1995 laying down detailed rules for the application of Council Regulation (EEC) No 1766 / 92 as regards the minimum price and the compensation to be paid to potato producers and Council Regulation (EC) No 1868 / 94 establishing a quota system for the production of potato starch 'are replaced by the words" 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'.
4. Note 2:
"(2) Article 2 of Council Regulation (EC) No 1868 / 1994."
5. In Article 3, paragraphs 4 and 5 are added:
"(4) The national production quota for potato starch for the 2005 / 2006 marketing year and 2006 / 2007 marketing year is laid down in the European Communities Regulation (2).
(5) For the 2005 / 2006 marketing year and for the 2006 / 2007 marketing year, the Fund will allocate subquotas to producers as specified in the European Communities Regulation (2). Paragraph 5 to 7 shall apply mutatis mutandis. ';
6. In Article 4 (1), the words "to establish a new subquota for the applicant 'are deleted.
7. In Article 4 (2), the words ", 2005 / 2006 and 2006 / 2007" shall be inserted after the words "2004 / 2005 marketing year."
8. In Article 4, paragraphs 6 to 12 are added:
"(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 not later than 15 days after the date of the finding. ';
9. in Article 5 (1), points (b) and (c) are deleted;
Point (d) shall be renumbered (b).
10. in Paragraph 5 (4), the first and second sentences are replaced by the words "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. '.
11.
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.
5) Article 7 of Commission Regulation (EC) No 2236 / 2003. '
12. In Paragraph 10 (2), the first sentence is replaced by the following: "An application for registration in the list of approved producers shall be submitted to the Fund on the form issued by it. '
13.
Application for a production refund certificate
The approved manufacturer shall submit an application for a production refund certificate (7) (hereinafter referred to as the certificate) together with a declaration from the supplier of the basic8). The fund, on his forms. The declaration by the supplier of the basic product8) concerning a product with a combined nomenclature code 9) 3505 10 50 shall also be made on the form issued by the Fund. '
14. in Article 12 (1) (a), the words "the model of which appears in Annex 7 to this Regulation," shall be replaced by the words "on the form issued by the Fund,"
15. in Article 12 (1) (b), the words "the model of which appears in Annex 8 to this Regulation" shall be replaced by the words "on the form issued by the Fund,"
16. in Article 12 (1) (c), the words "the model of which appears in Annex 9 to this Regulation," shall be replaced by the words "on the form issued by the Fund,"
17. In the heading of Part Six, "subsidy 'is replaced by" payment'.
18. In Section 13a, the word "subsidy 'is replaced by" payments'.
19. § 13a reads:
The Fund shall publish the rate of the supplementary payment for 2005, calculated according to the starch content of potatoes, by 30 September 2005 at the latest, in at least one national-wide diary and in a way that allows remote access. ';
20. In Section 13b, the word "subsidy 'is replaced by" payment'.
21. in Article 13b (1), "subsidy" is replaced by "payment."
22. in Article 13b (2) and (3), "subsidy" is replaced by "payment."
23. in Article 13b (5), "subsidy" is replaced by "payments."
24. Footnote 10:
"10) Article 3 of Commission Regulation (EC) No 2236 / 2003."
25. in Article 14 (1), points (d) and (f) are deleted;
Points (e), (g) and (h) shall be renumbered as points (d) to (f).
26. in Article 14 (2) (a), the words', a load of wheat starch, purchase of wheat starch, marketing of wheat starch and export of wheat starch 'shall be deleted;
27. in Paragraph 14 (3):
"(3) The manufacturer shall provide the Fund with the information referred to in paragraphs 1 and 2 on forms issued by him. ';
28. Annexes 1 to 11 are deleted.
Efficacy
This Regulation shall enter into force on the day of its publication.
Prime Minister:
JUDr. Gross v. r.
Minister for Agriculture:
Ing. Palas v. r.
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Regulation Information
| Citation | Government Regulation No. 149 / 2005 Coll., amending Government Regulation No. 115 / 2004 Coll., laying down certain procedures for implementing the measures of the common organisation of the market in starch, as amended by Government Regulation No. 543 / 2004 Coll. |
|---|---|
| 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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