Government Decree No. 175 / 2001 Coll.

Government regulation laying down the conditions and principles for granting financial aid for potato processing and starch wheat and laying down the conditions and principles for granting subsidies on exports of potato starch products

Valid Regulation Effective from 24.05.2001
175
GOVERNMENT REGULATION
of 25 April 2001
laying down the conditions and principles for granting financial aid for potato processing and starch wheat and laying down the conditions and principles for granting the subsidy on exports of potato starch products
The Government mandates pursuant to § 12 (1) and (2) 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) (a) (3) and § 1 (2) (c) of the Act:

ČÁST PRVNÍ

FINANCIAL SUPPORT FOR THE PROCESSING OF BRAMBOR ON BRAMBOR SCHOOL
§ 1
Scope and amount of financial support for potato processing for potato starch
(1) In implementing measures for the organisation of the potato starch market, the State Agricultural Intervention Fund (hereinafter referred to as "the Fund") grants financial aid to natural and legal persons fulfilling the conditions laid down in this Regulation (hereinafter referred to as "potato starch producer") for the processing of potato into potato starch (hereinafter referred to as "potato starch aid"). The Fund shall grant aid for potato starch of up to CZK 1,500 per tonne of potato starch contained in potatoes intended for processing into potato starch during the period from 1 September of the relevant calendar year to 31 August of the following calendar year (hereinafter referred to as the marketing year concerned).
(2) The Fund shall fix the amount of aid for potato starch which may be granted under paragraph 1 for the marketing year concerned, on the basis of the approved budget of the Fund and the total quantity of potato starch for which aid is requested.
(3) The Fund shall grant aid for potato starch for the relevant marketing year referred to in paragraph 1 for a maximum of 51 000 tonnes of potato starch contained in potato starch.
(4) The quantity of potatoes required for the production of potato starch shall be determined by the standard of consumption of potatoes for the production of potato starch set out in Annex 2 to this Regulation.
§ 2
Application for aid for potato starch
(1) A natural or legal person may submit to the Fund an application for aid for potato starch (hereinafter referred to as "the application") if:
(a) processing potatoes for potato starch in an establishment which is part of its tangible property or which it uses under a written lease contract, 1)
(b) 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 outstanding social security contributions and the contribution to the state employment policy, the payable tax obligations, the outstanding general health insurance commitments and the aid granted to agriculture and the payable commitments for the potatoes delivered to all suppliers,
(c) it is not in liquidation (2) or its assets are not declared bankrupt (3) or the application for bankruptcy has not been rejected due to a lack of assets (4) or compensation is not allowed. 5)
The model application is set out in Annex 1 to this Regulation.
(2) The potato starch manufacturer shall certify compliance with the conditions laid down in paragraph 1 with a declaration of honour, a specimen of which is set out in point 4 of Annex 1 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 potato starch manufacturer shall indicate in the application the quantity of potato starch for which aid for potato starch will be requested for the marketing year concerned.
(4) The potato starch manufacturer shall deliver the application to the Fund no later than 9 months before the beginning of the marketing year concerned.
(5) The Fund will decide on the application in accordance with Article 5 (5) of the Act. The Fund shall fix the amount of aid for potato starch for the marketing year concerned within the limits laid down in Article 1 (1) on the basis of the approved budget of the Fund and the total quantity of potato starch for which aid is requested. Where the total quantity of potato starch declared by potato starch producers in unrejected applications exceeds the quantity set out in Paragraph 1 (3), the Fund shall adjust the requirements of individual potato starch producers for the aid for potato starch.
§ 3
Conditions for granting aid for potato starch
(1) The Fund grants aid for potato starch to potato starch producers where the potato starch producer:
(a) produce potato starch in at least the quantity for which aid for potato starch is to be granted;
(b) pay the quantities of potatoes for processing into potato starch in the quantity for which the aid for potato starch is to be granted, at least at a price corresponding to the starch content of the potatoes delivered in accordance with Annex 2 to this Regulation, within 30 days of the date of issue of the accounting document for the delivered supply;
(c) provide and demonstrate to the Fund an overview of potato purchases for processing into potato starch, a model of which is set out in Annex 4 to this Regulation;
(d) when buying potatoes for processing into potato starch, comply with the principles for determining the quality and for determining the net weight and starch content of potatoes set out in Part A of Annex 3 to this Regulation;
(e) shall not import or purchase the imported products referred to in points 1 and 2 of Annex No 8 to this Regulation during the marketing year concerned. This shall be demonstrated by a declaration of honour, a specimen of which is given in point 4 of Annex 1 to this Regulation.
(2) Potato starch aid shall be granted by the Fund to potato starch producers no later than 30 days after the date of compliance with the conditions referred to in paragraph 1.

ČÁST DRUHÁ

FINANCIAL SUPPORT FOR THE PROCESSING OF WHOLE WHOLE CHECK
§ 4
Scope and amount of financial aid for processing wheat into wheat starch
(1) When implementing measures for the organisation of the wheat starch market, the Fund grants financial aid to natural and legal persons meeting the conditions laid down in this Regulation (hereinafter referred to as "wheat starch producer") for the processing of wheat into wheat starch (hereinafter referred to as "wheat starch aid"). The Fund provides aid for wheat starch of up to CZK 1,000 per tonne of wheat starch contained in wheat for processing into wheat starch.
(2) The Fund shall fix the amount of aid for wheat starch which may be granted under paragraph 1 for the marketing year concerned, on the basis of the approved budget of the Fund and the total quantity of wheat starch for which aid is requested.
(3) The Fund shall grant aid for the marketing year referred to in paragraph 1 for a total quantity of 25 000 tonnes of wheat starch.
(4) The quantity of wheat needed for the manufacture of wheat starch shall be determined by the standard of consumption of wheat for the manufacture of wheat starch set out in Annex 7 to this Regulation.
§ 5
Application for aid for wheat starch
(1) A natural or legal person may submit to the Fund an application for aid for wheat starch (hereinafter referred to as "aid application") if:
(a) processing wheat or wheat flour into wheat starch in an establishment which is part of its tangible property or which is used by it under a written lease contract, 1)
(b) it has been 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 outstanding social security contributions and the contribution to the state employment policy, the payable tax obligations, the payable general health insurance commitments and the aid granted to agriculture and the payable commitments for the wheat delivered to all suppliers,
(c) it is not in liquidation (2) or its assets are not declared bankrupt (3) or the application for bankruptcy has not been rejected due to a lack of assets (4) or compensation is not allowed. 5)
The model of the aid application is set out in Annex 5 to this Regulation.
(2) The manufacturer of wheat starch shall certify compliance with the conditions laid down in paragraph 1 with a declaration of honour, the specimen of which is set out in point 4 of Annex 5 to this Regulation. The aid application shall be accompanied by a valid, officially certified copy of the extract from the commercial register or a valid, officially certified copy of the trade certificate.
(3) The producer of wheat starch shall indicate in the aid application the quantity of wheat starch for which the aid for wheat starch will be claimed for the marketing year concerned.
(4) The wheat starch producer will deliver an aid application to the Fund no later than 9 months before the beginning of the marketing year concerned.
(5) The Fund will decide on the application in accordance with Article 5 (5) of the Act; the amount of aid for wheat starch for the marketing year concerned shall be fixed in accordance with Article 4 (1) and (2). Where the quantity of wheat starch declared by the producers of wheat starch in non-rejected aid applications exceeds the total quantity laid down in Article 4 (3), the Fund shall adjust the requirements of the individual producers of wheat starch aid for wheat starch.
§ 6
Conditions for granting aid for wheat starch
(1) The Fund grants aid for wheat starch to a wheat starch manufacturer if the wheat starch producer:
(a) produce wheat starch at least in respect of which aid for wheat starch is to be granted;
(b) the supply of wheat for processing into wheat starch shall be paid in respect of the quantity for which the aid for wheat starch is to be granted, at least at a price corresponding to the wet gluten content of the wheat delivered in accordance with Annex 7, within 30 days of the date of issue of the accounting document for the delivered supply;
(c) provide the Fund with an overview of the wheat bought in for processing into wheat starch, a specimen of which appears in Annex 6 to this Regulation;
(d) when buying wheat for processing into wheat starch, comply with the principles for determining the quality and for determining the net weight and starch content of the wheat referred to in Part B of Annex 3 to this Regulation,
(e) does not import or purchase imported wheat starch in the marketing year concerned. This shall be demonstrated by a declaration of honour, a specimen of which is given in point 4 of Annex 5 to this Regulation.
(2) The Fund shall grant aid for wheat starch to the manufacturer of wheat starch no later than 30 days after the date of compliance with the conditions laid down in paragraph 1.

ČÁST TŘETÍ

SCOPE AND AMOUNT OF SUBSIDIES FOR EXPORTS OF PRODUCTS FROM BRAMBORES
§ 7
Preliminary provisions
(1) In implementing the measures for the organisation of the market in potato starch products originating in the Czech Republic listed in Annex 8 to this Regulation (hereinafter referred to as "products"), the Fund grants a subsidy to natural and legal persons fulfilling the conditions laid down in Part Three of this Regulation when exporting products from the Czech Republic amounting to CZK 5,000 per tonne of potato starch contained in the product.
(2) The Fund is authorised to grant a subsidy for the export of products referred to in paragraph 1 (hereinafter referred to as "subsidies") for a total of not more than 6 000 tonnes of potato starch contained in products exported from the Czech Republic during the marketing year concerned.
(3) Quantity of potato starch contained
(a) the product referred to in point 1 of Annex 8 to this Regulation corresponds to the weight of the product;
(b) in the products listed in points 2 to 4 of Annex 8 to this Regulation, it shall be 1,14 times the weight of the product.
§ 8
Request for subsidy
(1) An application for subsidy on exports of products ("subsidy application") may be submitted by a natural or legal person ("applicant"), provided that:
(a) processing potatoes for potato starch in an establishment which is part of its tangible property or which it uses under a written lease contract, 1)
(b) 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 outstanding social security contributions and the contribution to the state employment policy, the payable tax obligations, the outstanding general health insurance commitments and the aid granted to agriculture and the payable commitments for the potatoes delivered to all suppliers,
(c) it is not in liquidation (2) or its assets are not declared bankrupt (3) or the application for bankruptcy has not been rejected due to a lack of assets (4) or compensation is not allowed. 5)
The model of the subsidy application is set out in Annex 9 to this Regulation.
(2) The applicant confirms compliance with the conditions laid down in paragraph 1 by a declaration of honour, a specimen of which is set out in point 4 of Annex 9 to this Regulation. The application for a subsidy shall be accompanied by a valid, officially certified copy of the extract from the commercial register or a valid, officially certified copy of the trade mark.
(3) In the application for a subsidy, the applicant shall indicate the quantity of products the export of which will require a subsidy during the marketing year concerned and the quantity of potato starch contained in those products.
(4) The subsidy application must reach the Fund no later than 9 months before the beginning of the marketing year concerned.
§ 9
Assessment of the application
(1) The Fund will examine the applications submitted for the subsidy of individual applicants (Paragraph 8 (4)) in view of whether:
(a) the application for a subsidy has been received within the prescribed time limit,
(b) the applicant fulfils the conditions laid down in Article 8 (1);
(c) the application for a subsidy has been complete;
(d) the subsidy application has been supported by the documents referred to in Article 8 (2).
(2) The Fund shall reject a subsidy application if it finds that one of the conditions referred to in paragraph 1 is not met. The Fund shall immediately notify the applicant in writing, stating the reason for the refusal of the application, within 30 days of receipt of the request at the latest.
(3) Where the total quantity of potato starch indicated by the applicants in the applications for the subsidy not refused pursuant to paragraph 2 exceeds the quantity of potato starch determined in accordance with Article 7 (2)
(a) up to and including 25%, the Fund shall adjust the requirements of each applicant for the subsidised quantity of products proportionally;
(b) by more than 25%, the Fund shall invite applicants to submit new applications for subsidy and to reduce the quantities of products for which they require subsidy and shall set a new deadline for the submission of new applications for subsidy.
(4) If the Fund does not reject the application for a subsidy for the reason referred to in paragraph 2, it shall, without delay, propose to the applicant the conclusion of a subsidy contract for exports of products (hereinafter referred to as "the contract ') in quantities which:
(a) indicate the applicant in the application for a subsidy if the fact referred to in paragraph 3 does not occur; or
(b) has been adapted in accordance with paragraph 3 (a) where the event referred to in paragraph 3 occurs.
§ 10
Contract
(1) The Fund shall conclude a contract with the beneficiary for the whole 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 9 (4);
(b) a commitment by the beneficiary to provide the Fund with a verifiable overview of the purchase of potatoes from individual potato starch processing suppliers, in accordance with the model set out in Annex 4 to this Regulation;
(c) an undertaking by the recipient of the subsidy to provide, at the request of the Fund, documents confirming the purchase of the quantity of potatoes corresponding to the quantities of potato starch contained in the quantity of products referred to in point (a) when applying the consumption standards set out in Annex 2 to this Regulation;
(d) an undertaking by the recipient of the subsidy to pay to the supplier the supplies of potatoes for processing into potato starch contained in the quantity of products fixed in accordance with point (a) at least at the price fixed in accordance with Annex 2 to this Regulation not later than 30 days from the date of issue of the accounting document for the delivered supply;
(e) an undertaking by the recipient of the subsidy not to import or buy the imported products referred to in points 1 and 2 of Annex No 8 to this Regulation;
(f) the undertaking of the beneficiary to submit to the Fund an overview of the exports of the products carried out no later than 30 days after the end of the relevant marketing year in which the subsidy was granted;
(g) setting the time limit by which the beneficiary of the subsidy must keep records of documents demonstrating compliance with the conditions for granting the subsidy;
(h) a commitment by the beneficiary to repay the subsidy if it fails to comply with the terms of the contract or to provide false information in the subsidy application;
(i) the commitment by the Fund to grant the subsidy under Articles 7 (1) and 11 (1) to the beneficiary;
(j) the reservation of the Fund to withdraw from the contract in the event of non-compliance with the conditions referred to in (a) to (h) or in the event of the finding of false information in an honest declaration.
(3) The Fund may amend the contract in which the quantity of products fixed in accordance with paragraph 2 (a) is changed if the quantity of potato starch contained in the products does not increase.
§ 11
Subsidy
(1) The Fund grants the subsidy to the beneficiary under a contract concluded pursuant to Article 10 of the subsidy for each tonne of products evidently exported within 30 days of the date of presentation of the relevant customs document of export of the products.
(2) The Fund will not grant a subsidy in the case of exports of products to the Slovak Republic within a customs union.

ČÁST ČTVRTÁ

TRANSITIONAL PROVISIONS
§ 12
An application under Article 2 (1), an application for aid under Article 5 (1) and an application for subsidy under Article 8 (1) for the year 2001 may be notified to the Fund within 15 days of the date of entry into force of this Regulation.

ČÁST PÁTÁ

EFFECTIVE
§ 13
This Regulation shall enter into force on the day of its publication.
Prime Minister:
Ing. Zeman v. r.
Minister for Agriculture:
Ing. Fencl v. r.

Příloha č. 1

Annex No 1 to Decree-Law No 175 / 2001 Coll.
MODEL
APPLICATION FOR PROVISION OF AID FOR BRAMBOURG SCHOOL

Příloha č. 2

Annex No 2 to Decree-Law No 175 / 2001 Coll.
Standard of potato consumption and price of potatoes purchased for granting potato starch aid
Obsah škrobu v nakoupených bramborách (%)Spotřeba brambor na 1 t bramborového škrobu (t)Nejnižší cena brambor placená dodavatelům (Kč/t) *)Obsah škrobu v nakoupených bramborách (%)Spotřeba brambor na 1 t bramborového škrobu (t)Nejnižší cena brambor placená dodavatelům (Kč/t) *)
123123
16,05,3081 80020,64,2622 260
16,15,2801 81020,74,2572 270
16,25,2521 82020,84,2522 280
16,35,2151 83020,94,2432 290
16,45,1871 84021,04,2342 300
16,55,1501 85021,14,2242 310
16,65,1211 86021,24,2152 320
16,75,0931 87021,34,2062 330
16,85,0561 88021,44,1962 340
16,95,0281 89021,54,1872 350
17,05,0001 90021,64,1782 360
17,14,9721 91021,74,1682 370
17,24,9441 92021,84,1592 380
17,34,9161 93021,94,1502 390
17,44,8881 94022,04,1402 400
17,54,8601 95022,14,1312 410
17,64,8321 96022,24,1222 420
17,74,8041 97022,34,1122 430
17,84,7761 98022,44,1082 440
17,94,7481 99022,54,0982 450
18,04,7202 00022,64,0892 460
18,14,6922 01022,74,0802 470
18,24,6732 02022,84,0752 480
18,34,6452 03022,94,0662 490
18,44,6172 04023,04,0562 500
18,54,5982 05023,14,0502 505
18,64,5702 06023,24,0422 510
18,74,5422 07023,34,0352 515
18,84,5232 08023,44,0272 520
18,94,4952 09023,54,0192 525
19,04,4672 10023,64,0122 530
19,14,4492 11023,74,0042 535
19,24,4252 12023,83,9972 540
19,34,4022 13023,93,9902 545
19,44,3792 14024,03,9822 550
19,54,3552 15024,13,9752 555
19,64,3372 16024,23,9682 560
19,74,3322 17024,33,9622 565
19,84,3182 18024,43,9552 570
19,94,3092 19024,53,9482 575
20,04,2992 20024,63,9422 580
20,14,290221024,73,9352 585
20,24,2852 22024,83,9292 590
20,34,2802 23024,93,9232 595
20,44,2762 24025,03,9172 600
20,54,2712 250
For each additional 0,1% starch content, the consumption of potatoes will be reduced by 0,005 tonnes and the price of potatoes will be increased by 5 CZK / tonne.
*) The price includes the cost of transporting potatoes to the processing site for potato starch.

Příloha č. 3

Annex No. 3 to Government Decree No. 175 / 2001 Coll.
Principles for determining the quality and for determining the net weight and starch content of potatoes and wheat
A. BRAMBORY
(1) Quality of potatoes for starch production
(a) starch content of at least 16%;
(b) the content of ingredients within the meaning of § 27 (i) of Decree No. 332 / 1997 Coll. less than 20% of the gross weight of potatoes delivered,
c) Free of quarantine harmful organisms pursuant to Act No. 147 / 1996 Coll. and Decree No. 83 / 1997 Coll.
(2) Procedure for the detection of net weight
(a) weighing the delivery of potatoes = gross delivery weight (HHD);
(b) the removal of at least 10 kg of the sample from several loading points of the means of transport or at different time intervals on the conveyor belt;
(c) weighing the sample taken = gross weight of the sample (HHV);
(d) washing and cleaning of ingredients and removal of tubers of less than 20 mm;
(e) sample weighing without additives = net sample weight (CHV),
(f) reduction of the weight of the sample without addition by 2% = coefficient 0,98,
(g) the net weight of the potato delivery (ČHD) shall be calculated using the formula:
HHD x (CHV: HHV) x 0,98.
(3) Procedure for the determination of starch content
(a) the establishment of 5,05 kg of wet potatoes without additives;
(b) weighing 5,05 kg of potatoes without being mixed under water;
(c) the determination of starch content from the difference between the weight of potatoes over and under water.
B. GROWTH
(1) Quality of wheat for starch production
a) vlhkost14,0 %,
b) vlhký lepek nejméně23,0 %,
c) obsah příměsí nejvýše4,0 %,
d) obsah nečistot nejvýše0,0 %.
(2) Procedure for determining the net weight of wheat
(a) consideration of delivery of wheat - gross weight of delivery,
(b) sampling according to the standard ČSN ISO 950,
(c) the moisture content determined,
(d) conversion of the gross delivery weight into the net weight by coefficient:
1,000 pro vlhkost v rozmezí14,00 -14,24 %,
0,994 pro vlhkost v rozmezí14,25 -14,74 %,
0,988 pro vlhkosti v rozmezí14,75 –15,00 %.
(3) The gross weight of wheat shall be determined as the difference between the full weight of the means of transport and the weight of the empty means of transport or the weighing of the wheat delivered on the belt or tilting weight.

Příloha č. 4

Annex No 4 to Government Decree No 175 / 2001 Coll.
MODEL
Overview of the purchase of potatoes for processing into potato starch

Příloha č. 5

Annex No 5 to Decree-Law No 175 / 2001 Coll.
MODEL
REQUEST FOR THE GRANTING OF THE AID FOR WHITE STRAW

Příloha č. 6

Annex No 6 to Government Decree No 175 / 2001 Coll.
MODEL
Overview on buying wheat for processing into wheat starch

Příloha č. 7

Annex No 7 to Government Decree No 175 / 2001 Coll.
Standard for the consumption of wheat when processed into wheat starch and the prices of purchased wheat
Obsah mokrého lepku (%)Spotřeba pšenice na 1 tunu škrobu (t)Cena pšenice nejméně (Kč/t) *)
232,73200
242,73300
252,73400
262,73500
272,73600
282,73700
292,73800
302,73900
*) The price includes the cost of transporting wheat to the place of processing wheat for wheat flour.

Příloha č. 8

Annex No 8 to Government Decree No 175 / 2001 Coll.
Products containing potato starch for which the Fund may grant export subsidies
BodVýrobekČíslo položky podle celního sazebníku
1Bramborový škrob1108 13 10
2Dextriny3505 10 10
3Esterifikované a etherifikované škroby3505 10 50
4Ostatní modifikované škroby3505 10 90

Příloha č. 9

Annex No 9 to Government Decree No 175 / 2001 Coll.

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Regulation Information

CitationGovernment Regulation No 175 / 2001 Coll., laying down the conditions and principles for granting financial aid for potato processing and starch wheat and laying down the conditions and principles for granting subsidies on exports of potato starch products
Regulation TypeRegulation
Author-
CollectionCode of Laws
Date of Promulgation24.05.2001
Effective from24.05.2001
Effective until-
Status Valid
The regulation text is for informational purposes only.
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