Government Decree No. 225 / 2004 Coll.
Government regulation on certain details of the implementation of selected market measures by the common organisation of the market in milk and milk products
Valid
Regulation
Effective from 01.05.2004
225
GOVERNMENT REGULATION
of 14 April 2004
on certain details of the implementation of selected market measures by the common organisation of the market in milk and milk products
The Government orders pursuant to § 2b (2) of Act No. 252 / 1997 Coll., on Agriculture, as amended by Act No. 128 / 2003 Coll. and Act No. 85 / 2004 Coll., and pursuant to § 11c (7) 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. and Act No. 85 / 2004 Coll.:
Subject matter
This Regulation provides for certain details of the implementation of selected market measures of the common organisation of the market in milk and milk products referred to in the immediately binding provisions of the European Community1 (hereinafter referred to as "the selected market measures'), the adaptation of which is directly binding by European Community rules (hereinafter referred to as" the rules of the European Communities') to the Member States of the European Union or allowing them to be implemented.
Quality control of dairy products
Control of compliance with the market measures selected is carried out in accordance with the specific legislation2) The State Agricultural Intervention Fund (hereinafter referred to as the Fund). Where the quality of milk products is checked in accordance with the analytical methods laid down by the European Communities (1) on the basis of samples taken in accordance with the rules of the European Communities (1), the Fund shall request expert advice from the approved laboratory (3).
Application for approval of a natural or legal person
(1) Where the provisions of the European Communities (4) require approval by the competent authority to enter a natural or legal person in a selected market measure, the relevant natural or legal person of the Fund shall submit an application for approval.
(2) The application for approval shall be made on a form issued by the Fund. (1) an application for approval shall be submitted for each establishment or for each storage facility located outside the applicant's premises, separately.
(3) The application for approval shall be accompanied by a document certifying that the natural or legal person is an entrepreneur under a specific legislation. 5)
Monitoring of dairy prices
(1) In order to monitor the prices of milk products listed in Annex 1 to this Regulation ("selected milk products"), the Fund shall select, in accordance with the provisions of the European Community (6), natural and legal persons producing selected milk products, which together represent more than half of the total production volume of the milk product selected in the Czech Republic ("representative producers"); The Fund shall immediately notify the representative producers thereof.
(2) Representative producers shall communicate to the Fund, in accordance with the special legislation7) each first working day of the calendar week, by twelve o'clock, information on:
(a) the quantity of milk products sold,
(b) the price of the selected milk products put into circulation from storage or from the manufacturer's premises, excluding value added tax;
(c) the composition of the product, the method and the package size.
(3) The Fund may amend the composition of the representative producers no more than twice during the calendar year, on the basis of changes in the composition of dairy production in the Czech Republic, or in the event of justified doubts as to the representativeness of the representative producers selected. the composition of the representative producers shall be amended by the Fund in accordance with paragraph 1.
(4) The Fund shall provide the information referred to in paragraph 2 to the Ministry of Agriculture.
Intervention buying-in of butter and skimmed-milk powder
(1) The Fund, in order to carry out the intervention buying-in of butter by means of a tendering procedure under special legislation8), will ensure sufficient freezing capacity to meet the requirements set out in Annex 2 to this Regulation.
(2) In order to carry out the intervention buying-in of skimmed milk powder by means of a tendering procedure under special legislation8), the Fund will ensure sufficient storage capacity.
(3) The Fund shall publish the tenders referred to in paragraphs 1 and 2 at least 15 days before the closing date for the submission of tenders,
(a) at least one national distribution diary;
(b) in a way that allows remote access.
(4) When evaluating the selection procedure referred to in paragraphs 1 and 2, the Fund shall list the bodies meeting the conditions of the selection procedure according to the amount of unit storage costs, whereby natural or legal persons with the lowest costs (hereinafter referred to as "storer") shall gradually propose the conclusion of a contract until the required freezing or storage capacity has been ensured.
(5) The warehousekeeper shall notify the Fund of the intention to store the dairy products referred to in paragraphs 1 and 2 no later than 3 working days before the planned storage; This is also the case in the case of storage in private storage of butter, skimmed milk powder, cream and cheese.
(6) Butter or skimmed-milk powder may be offered for intervention by the Fund in whole tonnes.
(7) The Fund may buy only butter meeting the quality requirements referred to as "Czech cream butter '(8a) or otherwise provided for by European Community rules. 9)
Monitoring of butter prices for intervention purchases
(1) For the intervention buying-in of butter, the Fund shall establish market prices for butter on the market in the Czech Republic in accordance with the provisions of the European Community (10) through the representative producers of butter selected pursuant to Paragraph 4 (1).
(2) The representative butter producers shall notify the Fund by 12 noon each first working day of the calendar week in accordance with the specific legislation7) using a form issued by the Fund, in a manner enabling remote access (electronically), the quantity sold and the price of butter for intervention buying-in of butter, subject to the conditions laid down by the European Communities. 11)
(3) Paragraph 4 (3) and (4) apply mutatis mutandis to the monitoring of butter prices for intervention buying-in of butter.
Aid for the use of skimmed milk and skimmed-milk powder used as feed
(1) Applications (a) to grant aid for the use of skimmed milk or skimmed-milk powder, where appropriate, incorporated in a compound feedingstuff or used for denaturing, shall be submitted by the approved producer of compound feedingstuffs or denatured skimmed-milk powder Fondu11b on the form issued by it without delay during the preceding calendar months11c).
(2) The application for aid for the use of skimmed-milk powder bought in for the sale of skimmed-milk powder from public storage (11d) incorporated in a compound feedingstuffs or used for denaturing shall be submitted by the natural or legal person participating in the partial tendering procedure (11e) Fondu11b) on the form issued by it immediately for the preceding calendar months11c).
(3) The payment of aid for skimmed milk and skimmed-milk powder processed into compound feedingstuffs or used for denaturing shall be made by the Fund no later than 90 days from the date of receipt of the impeccable application for such support (11c).
Aid for the sale of butter at reduced price
(1) The Fund grants aid to approved suppliers (12) for the sale of butter at a reduced price on the basis of a certificate issued by the Fund (hereinafter referred to as "voucher") 12a, to natural or legal persons or to the organisational components of the State, providing social or health services or performing educational or educational functions, operating exclusively within the territory of the Czech Republic (hereinafter referred to as "non-profit organisations").
(2) The request to issue a voucher 12b) is submitted by the Fund's non-profit organisation using the form issued by the Fund. The application shall be accompanied by the original or an officially certified copy of the extract from the commercial register, the instrument of incorporation, the contract establishing a legal person or any other document certifying the legal status of the applicant for the issue of the voucher.
(3) The application for aid for the sale of butter at a reduced price is submitted by the authorised supplier to the Fund on the basis of a form issued by the Fund, within the time limit laid down by European Community rules 12c). Applications may be lodged for a quantity of at least 3 tonnes of butter.
(4) A non-profit organisation that has been sold butter at a reduced price on the basis of aid for the sale of butter at a reduced price granted to an approved supplier (12) shall:
(a) accounting and other documents relating to butter so sold and subsequently used for at least 10 years after the end of the calendar year in which the butter was sold to it;
(b) the documents on the basis of which the Fund issued a reduced-price butter order for at least 5 years after the end of the calendar year in which the voucher was issued.
Aid for the production of casein and caseinates from skimmed milk
The application for aid for the production of casein and caseinates from skimmed milk 13) shall be submitted by the authorised casein and caseinates producer of the Fund on the basis of a form issued by the Fund for the calendar month immediately elapsed.
Cost of sampling and laboratory analysis
Save as otherwise provided in the European Communities, the costs incurred in the context of sample sampling and laboratory analysis (14) shall be borne by the aid applicant.
Use of casein and caseinates in cheese production
(1) An application for authorisation of the use of casein14a or casein14a, as the case may be, shall be submitted to the Fund on a form issued by it.
(2) An overview of natural and legal persons authorised to use casein14a and casein14a in the manufacture of cheese 14a) for a period of 12 months will be published by the Fund in a single national logbook and in a way that allows remote access. This summary shall be kept up to date by the Fund.
(3) The Fund shall withdraw the authorisation to persons who have been authorised to use casein14a) or, where appropriate, casein14a) if:
(a) cease production of cheese using casein or caseinates, where appropriate;
(b) infringes one of the conditions for the authorisation of the use of casein or caseinates, as the case may be, laid down by the directly applicable European Community14b);
(c) does not respect the percentage of casein or caseinates in the manufacture of cheese.
Efficacy
This Regulation shall enter into force on the day of the entry into force of the Treaty of Accession of the Czech Republic to the European Union, with the exception of Article 3, which shall take effect on the day of its publication.
Prime Minister:
PhDr. Špidla v. r.
Minister for Agriculture:
Ing. Palas v. r.
Příloha č. 1
Annex No. 1 to Government Decree No. 225 / 2004 Coll.
List of dairy products for which representative producers notify the Fund of the specified data (Sections 4 (1) and (2))
Group A
1. Dried milk, defatted with a fat content of up to 1,5% by weight, packed in bags of 25 kg.
2. Dried whole milk with a fat content by weight of 26%, packed in bags of 25 kg.
3. Butter with a maximum water content by weight of 16% and a minimum fat content by weight of 82%, in immediate packings of up to and including 250 g.
4. Butter in blocks with a maximum water content of 16% by weight and a minimum fat content of 82% by weight, packs of 10 to 25 kg inclusive.
5. Dried whey, packed in bags of 25 kg.
6. Dried milk, defatted with a fat content of up to 1,5% by weight, of a kind used as animal feed, packed in bags of 25 kg.
7. Casein, packed in bags of 25 kg.
8. Cream with a minimum fat content of 30%.
9. Mixture of milk powder or whey and vegetable fat.
10. Consumption milk (UHT) with a fat content of 1,5% in a 1 l tetra pack.
Group B
1. Lactose packed in bags.
2. Eidam cheese with a fat content by weight in the dry matter of at least 45%.
3. Eidam cheese with a fat content by weight of 30% of the dry matter.
4. Emmental cheese with a fat content by weight in the dry matter of 40% or more.
5. Gouda cheese with a fat content by weight in the dry matter of at least 40%.
6. Butter fat with a fat content by weight of more than 99,3%.
7. Cheese mozzarella.
Příloha č. 2
Annex No. 2 to Government Decree No. 225 / 2004 Coll.
Requirements for frozen storage facilities for butter purchased from intervention
1. Freezer storage facilities for butter purchased from intervention must be located in the Czech Republic.
2. Freezer storage facilities for butter purchased from intervention must comply with the hygiene requirements laid down in specific legislation15) for the premises for treatment of milk and milk products.
3. The temperature in storage places for frozen butter shall not exceed -18 ° C.
4. The freezer storage facility for intervention butter bought in must be equipped with an appropriate storage, transfer and removal facility for intervention butter bought in.
1) Council Regulation (EC) No 1255 / 1999 of 17 May 1999 on the common organisation of the market in milk and milk products, as amended. Commission Regulation (EC) No 2771 / 1999 of 16 December 1999 laying down detailed rules for the application of Council Regulation (EC) No 1255 / 1999 as regards intervention on the market in butter and cream, as amended. Commission Regulation (EC) No 214 / 2001 of 12 January 2001 laying down detailed rules for the implementation of Council Regulation (EC) No 1255 / 1999 on intervention on the market in skimmed milk powder, as amended. Commission Regulation (EEC) No 3378 / 1991 of 20 November 1991 laying down detailed rules for the sale of butter from intervention stocks for export and amending Regulation (EEC) No 569 / 1988, as amended. Commission Regulation (EEC) No 2204 / 1990 of 24 July 1990 laying down additional general rules on the common organisation of the market in milk and milk products concerning cheese, as amended. Commission Regulation (EEC) No 2742 / 1990 of 26 September 1990 laying down detailed rules for the application of Commission Regulation (EEC) No 2204 / 1990 as amended. Commission Regulation (EC) No 2659 / 1994 of 31 October 1994 on detailed rules for granting private storage aid for Grana Padano, Parmigiano-Reggiano and Provolone cheeses, as amended. Commission Regulation (EEC) No 2174 / 1992 of 30 July 1992 laying down detailed rules for granting aid for private storage of Sao Jorge and Ilha cheeses, as amended. Commission Regulation (EC) No 1070 / 2000 of 19 May 2000 laying down detailed rules for the granting of private storage aid for Kefalotyri and Kasseri cheese, as amended. Commission Regulation (EC) No 1069 / 2000 of 19 May 2000 laying down detailed rules for granting private storage aid for Pecorino Romano, as amended. Commission Regulation (EC) No 1068 / 2000 of 19 May 2000 laying down detailed rules for the granting of private storage aid for durable cheeses, as amended. Commission Regulation (EEC) No 3143 / 1985 of 11 November 1985 on the sale at reduced prices of intervention butter intended for direct consumption, as amended. Commission Regulation (EEC) No 1609 / 1988 of 9 June 1988 fixing the deadline for the entry into storage of butter sold under Regulations (EEC) No 3143 / 85 and (EEC) No 570 / 88, as amended. Commission Regulation (EC) No 2799 / 1999 of 17 December 1999 laying down detailed rules for applying Council Regulation (EC) No 1255 / 1999 as regards the grant of aid for skimmed milk and skimmed-milk powder used for animal feed and the sale of such skimmed-milk powder, as amended. Commission Regulation (EC) No 2571 / 1997 of 15 December 1997 on the sale of butter at reduced prices and the granting of a contribution for cream, butter and concentrated butter for use in the manufacture of pastry products, ice-cream and other foodstuffs, as amended. Commission Regulation (EEC) No 429 / 1990 of 20 February 1990 on the granting of a contribution to concentrated butter for direct consumption in the Community for the call for tender, as amended. Commission Regulation (EC) No 2921 / 1990 of 10 October 1990 on aid for the production of casein and caseinates from skimmed milk, as amended. Commission Regulation (EEC) No 2191 / 1981 of 31 July 1981 on the granting of a contribution to the purchase of butter by non-profit making institutions and organisations, as amended. Commission Regulation (EC) No 213 / 2001 of 9 January 2001 laying down detailed rules for the application of Council Regulation (EC) No 1255 / 1999 as regards the methods of analysis and evaluation of the quality of milk and milk products amending Regulations (EC) No 2771 / 1999 and (EC) No 2799 / 1999, as amended. Commission Regulation (EC) No 1498 / 1999 of 8 July 1999 laying down detailed rules for Council Regulation (EEC) No 804 / 1968 as regards mutual communications between Member States and the Commission in the milk and milk products sector, as amended. Commission Regulation (EC) No 174 / 1999 of 26 January 1999 laying down special detailed rules for the application of Council Regulation (EEC) No 804 / 1968 as regards export licences and export refunds for milk and milk products, as amended. Commission Regulation (EC) No 1598 / 1995 of 30 June 1995 laying down detailed rules for the use of the system of additional import duties in the field of milk and milk products, as amended. Commission Regulation (EC) No 2535 / 2001 of 14 December 2001 laying down detailed rules for applying Council Regulation (EC) No 1255 / 1999 as regards the import arrangements for milk and milk products and opening tariff quotas, as amended. Commission Regulation (EEC) No 896 / 1984 of 31 March 1984 laying down additional measures concerning the granting of export refunds on milk and milk products, as amended. Commission Regulation (EEC) No 776 / 1978 of 18 April 1978 applying the lowest rate of refund for exports of milk products and repealing and amending certain Regulations, as amended. COMMISSION REGULATION (EEC) No 1756 / 1993 of 30 June 1993 determining the operative events for the agricultural conversion rate for milk and milk products, as amended. Council Regulation (EC) No 1234 / 2007 of 22 October 2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation), as amended. Commission Regulation (EC) No 760 / 2008 of 31 July 2008 laying down detailed rules for the application of Council Regulation (EC) No 1234 / 2007 as regards the authorisation to use casein and caseinates in the manufacture of cheese.
2) Act No. 252 / 1997 Coll., on Agriculture, as amended by Act No. 62 / 2000 Coll., Act No. 307 / 2000 Coll., Act No. 28 / 2003 Coll. and Act No. 85 / 2004 Coll. Act No. 256 / 2000 Coll., on the State Agricultural Intervention Fund and amending certain other laws (Act on the State Agricultural Intervention Fund), as amended by Act No. 128 / 2003 Coll., Act No. 41 / 2004 Coll. and Act No. 85 / 2004 Coll.
3) § 51a of Act No. 166 / 1999 Coll., on Veterinary Care and on the Amendment of Certain Related Acts (Veterinary Act), as amended by Act No. 131 / 2003 Coll. Decree No. 298 / 2003 Coll., on National Reference Laboratories and Reference Laboratories.
4) Article 1 (4) of Commission Regulation (EEC) No 2191 / 1981. Article 10 of Commission Regulation (EC) No 2571 / 1997. Article 9 of Commission Regulation (EC) No 2799 / 1999. Article 5 of Commission Regulation (EC) No 2771 / 1999. Article 3 (1) of Commission Regulation (EC) No 214 / 2001. Article 9 of Commission Regulation (EEC) No 429 / 1990.
5) Paragraph 2 (2) of the Commercial Code.
6) Article 6 of Commission Regulation (EC) No 1498 / 1999.
7) Article 12 of Act No. 256 / 2000 Coll., as amended by Act No. 128 / 2003 Coll. and Act No. 85 / 2004 Coll.
8) § 11c of Act No. 256 / 2000 Coll., as amended by Act No. 128 / 2003 Coll.
8a) Decree No. 77 / 2003 Coll., laying down requirements for milk and milk products, frozen creams and edible fats and oils, as amended by Decree No. 124 / 2004 Coll. and Decree No. 78 / 2005 Coll.
9) Annex 5 to Commission Regulation (EC) No 2771 / 1999.
10) Article 7 of Commission Regulation (EC) No 2771 / 1999.
11) Commission Regulation (EC) No 2771 / 1999.
11a) Article 22 (3) of Commission Regulation (EC) No 2799 / 1999.
11b) Article 22 (2) of Commission Regulation (EC) No 2799 / 1999.
11c) Article 22 (4) of Commission Regulation (EC) No 2799 / 1999.
11d) Article 26 of Commission Regulation (EC) No 2799 / 1999.
11e) Article 28 of Commission Regulation (EC) No 2799 / 1999.
12) Article 1 (4) of Commission Regulation (EEC) No 2191 / 1981.
12a) Article 3 of Commission Regulation (EEC) No 2191 / 1981.
12b) Article 3 (2) of Commission Regulation (EEC) No 2191 / 1981.
12c) Article 3 (1) of Commission Regulation (EEC) No 2191 / 1981.
13) Commission Regulation (EC) No 2921 / 1990.
14) Commission Regulation (EC) No 2921 / 1990. COMMISSION REGULATION (EC) No 2799 / 1999.
14a) Article 119 of Council Regulation (EC) No 1234 / 2007, as amended. Part V of Annex III to Council Regulation (EC) No 1234 / 2007, as amended.
14b) Article 119 of Council Regulation (EC) No 1234 / 2007, as amended. Article 3 of Commission Regulation (EC) No 760 / 2008.
14c) Article 2 (1) of Commission Regulation (EC) No 760 / 2008.
15) Decree No 203 / 2003 Coll., on veterinary requirements for milk and milk products.
Sign in for notes, favorites and notifications
Regulation Information
| Citation | Government Regulation No. 225 / 2004 Coll., on certain details of the implementation of selected market measures of the common organisation of the market in milk and milk products |
|---|---|
| Regulation Type | Regulation |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 29.04.2004 |
|---|---|
| Effective from | 01.05.2004 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
Comments 0