Decree No. 174 / 2001 Coll.
Government regulation laying down conditions and principles for measures to promote the export of malt
Valid
Regulation
Effective from 24.05.2001
Text versions:
21.04.2004
24.05.2001
174
GOVERNMENT REGULATION
of 25 April 2001
laying down the conditions and principles for measures to promote the export of malt
The Government is ordering pursuant to § 12 (1) 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) (hereinafter referred to as "the Act") to implement § 1 (2) (c) of the Act:
Preliminary provisions
(1) The State Agricultural Intervention Fund (hereinafter referred to as the Fund), in implementing measures for the organisation of the market in malt from domestic production produced from barley originating in the Czech Republic, grants subsidies to natural and legal persons meeting the conditions laid down in this Regulation when exporting the selected malt types listed in Annex 1 to this Regulation (hereinafter referred to as "products").
(2) The Fund shall provide for:
(a) the total maximum quantity of eligible products;
(b) the maximum amount of subsidy for exports of one tonne of products.
(3) The maximum allowable quantity for which a subsidy may be granted for the export of products and the maximum amount of subsidy for the export of one tonne of product will be published by the Fund without undue delay after being fixed in at least two national diaries.
(4) For the purposes of this Regulation, the marketing year shall mean the period from 1 October of the calendar year to 30 September of the following calendar year.
(5) The Fund may, for the marketing year concerned, increase or reduce the quantity of products fixed in accordance with paragraph 2 (a) by a maximum of 20%.
Request for subsidy
(1) A natural or legal person (hereinafter referred to as "the applicant") may submit to the Fund an application for a subsidy on exports of products (hereinafter referred to as "the application") in accordance with the model set out in Annex 2 to this Regulation, provided that:
(a) the production of malt is the subject of its activity;
(b) has its registered office or permanent residence in the territory of the Czech Republic and if it is a foreign applicant, it shall prove that it is legally engaged in business in the territory of the Czech Republic,
(c) it is settled on the date of the application due to the Fund, the Czech Republic - Ministry of Agriculture, the Regional Fund of the Czech Republic, the National Property Fund of the Czech Republic, the due commitments related to social security insurance and the contribution to the State employment policy, the payable tax obligations, the due obligations relating to general health insurance, the payable commitments relating to aid granted to agriculture and the payable commitments for barley eligible for processing into malt ("malting barley") to all suppliers,
(d) it is not in liquidation (1) or its assets are not declared bankrupt (2) or the application for bankruptcy has not been rejected due to a lack of assets (3) or compensation is not permitted (4).
(2) The applicant shall confirm compliance with the conditions laid down in Article 2 (1) (c) and (d) by a declaration of honour, the specimen of which is set out in point 5 of Annex 2 to this Regulation. The application shall be accompanied by a valid, officially certified copy of the extract from the trade register or a valid, officially certified copy of the trade certificate.
(3) The applicant shall indicate in the application:
(a) the quantity of products for which export subsidies will be requested during the marketing year;
(b) the quantity of malting barley needed to produce the required quantity of products, calculated according to the consumption standards referred to in point 3 of Annex 2 to this Regulation;
(c) the lowest price at which malting barley will be bought, provided that the basic quality characteristics listed in Annex 3 to this Regulation are met, without including the transport costs needed to produce the products during the marketing year in which the export subsidy is to be granted.
(4) The application shall be submitted by the applicant to the Fund no later than 15 days before the beginning of the relevant marketing year for which the export subsidy is to be granted.
Assessment of the application
(1) The Fund will examine applicants' applications (Paragraph 2 (4)) in view of whether:
(a) the applicant fulfils the conditions laid down in Article 2 (1);
(b) the application was submitted within the prescribed time limit, completed in full and supported by the necessary documents in accordance with Article 2 (2).
(2) If the Fund finds that one of the conditions referred to in paragraph 1 is not met, it shall invite the applicant to remedy the identified deficiency of the application within the Fund by the deadline set; where the lack of the application is not remedied by the deadline, the Fund shall reject the application and shall notify the applicant in writing without undue delay, stating the reason for the refusal.
(3) If the total quantity of products declared by the applicants in applications not rejected pursuant to paragraph 2 exceeds the quantity of products set out in Article 1 (2) (a), the Fund shall adjust the requirements of each applicant for the subsidised quantity of products in proportion.
(4) If the Fund does not reject the application for the reason referred to in paragraph 2, it shall propose to the applicant, without undue delay, the conclusion of a subsidy contract for the export of products (hereinafter referred to as "the contract ')
(a) in the quantity indicated by the applicant in the application, where the total quantity of products referred to in the non-rejected applications referred to in paragraph 2 does not exceed the quantity of products determined in accordance with Paragraph 1 (2) (a); or
(b) in the quantity referred to in paragraph 3.
Contract
(1) The Fund shall conclude a contract with the beneficiary of the subsidy for the marketing year concerned.
(2) The contract shall contain at least:
(a) the quantity of products corresponding to the quantity proposed by the Fund pursuant to Article 3 (4);
(b) the undertaking of the recipient of the subsidy to pay to the supplier the supply of malting barley, in compliance with the basic quality characteristics set out in Annex 3 to this Regulation, at least the price indicated in the application without including transport costs [Paragraph 2 (3) (c)], no later than 30 days after the date of issue of the accounting document for the delivered supply,
(c) an undertaking by the beneficiary to purchase malting barley originating in the Czech Republic,
(d) an undertaking by the beneficiary to export or ensure the export of the products in the quantity specified under (a);
(e) a commitment by the beneficiary to repay the subsidy or advance payment of the subsidy if it fails to comply with the terms of the contract or to provide false information in the application within the time limit set for its recovery;
(f) the undertaking of the beneficiary of the subsidy to submit to the Fund no later than 30 days after the end of each quarter of the marketing year concerned an overview of the sale and export of products and consumption of malting barley referred to in Annex 4 to this Regulation;
(g) a commitment by the beneficiary to grant the Fund within the time limit set by the Fund a calculation of the cost of production of the products if the Fund invites the beneficiary to do so;
(h) setting the time limit by which the beneficiary of the subsidy must keep evidence demonstrating compliance with the conditions for granting the subsidy;
(i) the reservation of the Fund to withdraw from the contract in the event of non-compliance with the conditions referred to in points (a) to (h) or in the event of the finding of false information in an honest declaration.
Subsidy
(1) The Fund grants to the applicant, on the basis of a contract concluded pursuant to Article 4, within 60 days of the end of each quarter of the marketing year in question, a subsidy for each tonne of products which are demonstrably exported during that quarter.
(2) The Fund shall determine the amount of the subsidy for exports of products as the difference between the costs of the individual beneficiary of the subsidy for the production of unroasted malt established in accordance with paragraph 3 (a) and the export price for unroasted malt established in accordance with paragraph 3 (b) but not exceeding the amount fixed in accordance with Paragraph 1 (2) (b).
(3) The Fund shall provide for:
(a) the cost of producing unroasted malt to the individual beneficiary of the subsidy as a sum of CZK 3,400 and 1,27 times the average price of malting barley purchased for the purpose of producing the total quantity of products sold by the beneficiary of the subsidy during this quarter, as listed in the inventory referred to in Article 4 (2) (f);
(b) on the basis of the customs statistics and uniform customs declarations, the export price for unroasted malt for this quarter as a weighted average of the prices shown in the customs records for the export of products with the highest realised price corresponding to 70% of the total quantity of unroasted malt exported in this quarter from the Czech Republic, with the Fund's average further reducing the necessary transport costs of CZK 320 per tonne of unroasted malt exported.
(4) The Fund shall grant the subsidy to the beneficiary on the basis of the contract concluded pursuant to Article 4 within 30 days of the presentation of the relevant customs document that the product has been exported, an advance on the subsidy of the amount to be fixed by the Fund for the products listed in Annex 1 to this Regulation in a uniform manner throughout the quarter but not later than before the start of the subsidy.
(5) No export subsidy will be granted by the Fund in the case of exports of products to the Slovak Republic.
Action
(1) This Regulation shall enter into force on the day of its publication.
(2) This Regulation shall expire on 30 April 2004. the rights and obligations arising under this Regulation shall be settled in accordance with existing legislation.
Prime Minister:
Ing. Zeman v. r.
Minister for Agriculture:
Ing. Fencl v. r.
Příloha č. 1
Annex No 1 to Decree No 174 / 2001 Coll.
List of products for which the Fund may grant export subsidies
1. Unroasted malt - tariff subheading 1107 1099
2. Malt roasted - tariff subheading 1107 2000
Příloha č. 2
Annex No 2 to Decree No 174 / 2001 Coll.
MODEL
Request for subsidy on exports of products
Příloha č. 3
Annex No. 3 to Decree No. 174 / 2001 Coll.
Basic quality characteristics of malting barley
Příloha č. 4
Annex No. 4 to Decree No. 174 / 2001 Coll.
Overview of sales and exports of products and consumption of malting barley
1) For example § 68 et seq. of the Commercial Code.
2) § 12a et seq. of Act No. 328 / 1991 Coll., on bankruptcy and settlement, as amended by Act No. 94 / 1996 Coll., Act No. 12 / 1998 Coll., Act No. 27 / 2000 Coll. and Act No. 105 / 2000 Coll.
3) Article 12a (4) of Act No. 328 / 1991 Coll., as amended.
4) Part of Act No. 328 / 1991 Coll., as amended by Act No. 42 / 1994 Coll., Act No. 94 / 1996 Coll., Act No. 12 / 1998 Coll., Act No. 27 / 2000 Coll., Act No. 105 / 2000 Coll. and Act No. 370 / 2000 Coll.
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Regulation Information
| Citation | Decree of the Government No 174 / 2001 Coll., laying down the conditions and principles of measures to promote the export of malt |
|---|---|
| Regulation Type | Regulation |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 24.05.2001 |
|---|---|
| Effective from | 24.05.2001 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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