Government Decree No. 237 / 2001 Coll.
Government regulation laying down the conditions and principles for the implementation of intervention buying-in, storage and selling of cereals on the domestic market and for export, and for the implementation of other measures for the organisation of the cereals market and laying down the conditions and principles for declaring the intervention price (conditions and principles for the implementation of intervention buying-in, storage and selling of cereals)
Valid
Regulation
Effective from 11.07.2001
Text versions:
11.07.2001
237
GOVERNMENT REGULATION
of 6 June 2001
laying down the conditions and principles for the implementation of intervention buying-in, storage and selling of cereals on the domestic market and for export, and for the implementation of further measures for the organisation of the cereals market, and laying down the conditions and principles for declaring the intervention price (conditions and principles for the implementation of intervention buying-in, storage and selling of cereals)
The Government mandates pursuant to § 1 (4), § 2 (3) and § 12 (1) of Act No. 256 / 2000 Coll., on the State Agricultural Intervention Fund and amending certain other laws (Act on the State Agricultural Intervention Fund) (hereinafter referred to as "the Act"):
Preliminary provisions
(1) The State Agricultural Intervention Fund (hereinafter referred to as "the Fund") shall carry out intervention buying-in, storage and selling of cereals if they fulfil:
(a) the requirements and quality characteristics set out in Annex 1 to this Regulation; and
(b) the number of reductions fixed annually by the Fund under the climatic conditions of the cereal harvest, no later than 30 days after the date of the start of the harvest.
(2) The Fund may select legal or natural persons on the basis of the result of the trade competition it declares (1) (hereinafter referred to as "storage bodies") to carry out the intervention buying-in operations referred to in paragraph 1, for storage of cereals bought in and for the activities related thereto.
Conditions and principles for determining and declaring the intervention price
(1) The intervention price shall be indicated in CZK, excluding value added tax per tonne of weight, converted into the basic moisture value of 14,0% as specified in Annex 1 to this Regulation. The proposal to declare the intervention price is submitted by the Ministry of Agriculture to the Ministry of Finance.
(2) The Fund shall notify, in at least one national logbook and in a manner which allows remote access,
(a) the percentage of the decrease in average cereal prices at which intervention buying-in of cereals is initiated;
(b) compliance with the conditions and the date of commencement of intervention buying-in of cereals;
(c) the value of the decrease number in accordance with Article 1 (1) (b).
(3) The Fund shall notify the facts referred to in paragraph 2 (b) and (c) without delay after the conditions for its publication have been fulfilled.
Conditions for the publication of a commercial tender and for the selection of storage entities
(1) The Fund shall declare commercial public competition (1) in accordance with Paragraph 1 (2). In the notice, in particular:
(a) define the territories for which competition is declared;
(b) specify the minimum period for which the Fund shall conclude a contract with a person selected under a commercial tender pursuant to Article 1 (2);
(c) establish the minimum storage area for cereals to be set aside for intervention purchases and storage of cereals in separate storage units;
(d) provide for the condition that the person submitting the application for a tender must prove that he has the right to a storage space for cereals for at least the period laid down by the Fund and that the storage space for cereals is situated in the territory referred to in (a);
(e) determine the amount of the price for carrying out the activities referred to in Article 1 (2);
(f) specify the additional requirements to be met by the storage space for cereals;
(g) set a time limit for the submission of proposals for the conclusion of a contract to ensure activities pursuant to Article 1 (2) (hereinafter referred to as the proposal),
(h) set a deadline for the selection of the proposals submitted;
(i) establish other selection criteria for evaluation of the proposal;
(j) indicate the means of identifying sealed envelopes.
(2) Proposals for commercial tendering (1) must be submitted to the Fund in sealed envelopes marked in accordance with paragraph 1 (j).
Conditions for storage of cereals
(1) The storage of cereals shall be carried out by proper storage in appropriate storage areas which guarantee the preservation of their quality, integrity and health. The premises in which cereals are stored must be clean, dry, easily ventilated, free from fungi, pests and foreign odours.
(2) The storage body carries out effective disinfection, disinsectisation and extermination of storage areas in which the cereals are stored; disinsecting and exerting shall not be carried out when the storage facilities are equipped with a technological device which replaces the disinsecting or extermination in full.
(3) The storage body shall store the cereals in storage premises separately by species, purpose and quality classes to avoid deterioration of their quality. Cereals may not be stored together with substances that smell, strongly aromatic or strongly hygroscopic, the presence of which may impair their quality.
(4) The storage body shall carry out checks on the state of health and the quality of cereals at least once every 3 months during storage of the cereals; if it finds that the stored cereal is infected with pest, it shall immediately after that finding carry out its treatment in accordance with the relevant technological rules.
Contract with the storage entity
(1) The Fund concludes written contracts with the storage bodies to ensure the activities referred to in Article 1 (2).
(2) The contract referred to in paragraph 1 shall include, in particular:
(a) an arrangement establishing the maximum quantity for intervention buying-in of cereals by the storage agency;
(b) setting out the period for which the Fund enters into a contract with the storage body;
(c) the undertaking of the storage entity that:
1. shall take over only cereals meeting the quality characteristics and requirements referred to in Article 1 (1) for storage and comply with those quality characteristics and requirements throughout the storage period;
2. store separately, properly and professionally cereals taken over in accordance with point 1, take proper care of them, treat them and store them as instructed by the Fund;
3. insuring cereals taken over under point 1,
4. Repayments to the Fund of damages resulting from non-compliance or non-compliance;
5. allow checks on stored cereals taken over in accordance with point 1 and provide the necessary synergies in such checks;
6. provide the Fund with the information referred to in Article 6 (4);
7. provide the Fund with information on the quantity and condition of cereals taken over in accordance with point 1 by the 10th day of the relevant calendar month following the calendar month to which they relate; the model of the periodic information is set out in Annex 2 to this Regulation,
8. Inform the Fund without delay that it does not have the spare capacity of its storage facilities for intervention buying in cereals as provided for in Article 6 (2);
9. Keep records of refusal to take over the cereals for intervention, including the reason for refusal;
10. allow the storage of cereals of the quality characteristics referred to in Article 1 (1) offered by a natural or legal person up to the maximum quantity referred to in point (a) until the date of notification of the start of intervention buying-in, but not later than 15 October of the calendar year concerned, while at the same time allowing that person to sell the cereals so stored in intervention buying-in and complying with the conditions usual in trade relations,
(d) provisions on the price paid by the Fund for the activities referred to in (c) (1) and (2);
(e) establishing the obligation for the storage body to keep evidence of the activities referred to in (c), including the time limit for their storage;
(f) arrangements for the possibility of the Fund to withdraw from the contract in the event that the storage body fails to comply with one of the terms of the contract or in the event of the finding of false or incomplete information contained in the proposal.
Implementation of intervention purchases
(1) The Fund shall publish an annual summary of the storage bodies by 10 July of the relevant calendar year in the Ministry of Agriculture Bulletin and in at least one national journal; perform, in the same way, any updating of the summary.
(2) The storage operator shall take over at least 20 tonnes of one type of cereal from the person who has offered the cereals for intervention purchase (the seller). If the storage body cannot take over the quantity of the cereal from the seller, it shall issue a written confirmation thereof. The storage body shall publish, in a visible and publicly accessible place at the premises of the warehouse, up-to-date information on the spare capacity for intervention buying in cereals.
(3) The seller shall transport the cereals to the warehouse of the storage agency for his cargo.
(4) The payment of the intervention price shall be made by the Fund on behalf of the seller within 21 days of receipt of the information by the storekeeper on taking over the cereals from the seller. The information shall be processed by the storage body on the 15th and the last day of the calendar month concerned and sent to the Fund. The model of information is set out in Annex 3 to this Regulation.
(5) The storage body shall be responsible for the quality of the cereals received. In order to determine whether the cereals taken over correspond to the quality characteristics and requirements for inclusion in intervention buying-in, the storage operator shall use the methods and procedures set out in Annex 1 to this Regulation.
(6) If there is a dispute between the seller and the storage entity regarding the failure to comply with one of the quality characteristics, an analysis of the contested quality mark shall be carried out in accordance with the procedure set out in Annex 1 to this Regulation. The costs of carrying out the analysis shall be borne by the one in respect of which the result of the analysis is indicative.
Sale of the Fund for Purchased Cereals
(1) The Director of the Fund (hereinafter referred to as the Director) shall evaluate the situation on the domestic and foreign markets of cereals, the development of domestic consumption of cereals and shall process the assumption of the development of cereal exports (hereinafter referred to as the "evaluation"). This assessment shall be submitted, together with any proposal for the sale of cereals on the domestic market or for export to the Fund's presidium, including the determination of the quantity of cereals proposed for sale and the period during which the sale of cereals may take place.
(2) The Presidium of the Fund shall be assessed by the Director of the evaluation submitted and shall decide on the proposal submitted pursuant to paragraph 1.
Conditions and principles for the implementation of the sale on the domestic market of cereals purchased by the Fund
(1) The Fund sells the cereals to the domestic market in accordance with Article 7 at a price higher than the intervention price. At least one national journal shall declare:
(a) the date of sale and the quantities of cereals sold on the domestic market and the quality of the cereals sold,
(b) the place where the cereals offered for sale on the domestic market are stored;
(c) the price of cereals sold on the domestic market;
(d) the particulars of the offer for redemption by the Fund of the cereals sold on the domestic market (hereinafter referred to as "the offer"),
(e) the means of identifying the envelopes with tenders;
(f) the time limit for the submission of tenders,
(g) the deadline for the selection of the tenders submitted.
(2) A natural or legal person submitting tenders pursuant to paragraph 1 (d) (hereinafter referred to as "tenderer") may submit only one tender in a sealed envelope marked in accordance with paragraph 1 (e). The tenderer shall indicate in the tender the quantity of cereals he requests to buy and shall include a declaration that the Fund may treat the information contained in the tender to the extent necessary for its settlement.
(3) Tenders referred to in paragraph 2, received by the Fund, shall be unsealed by the Director within the specified time limit in the presence of at least three members of the Fund's presidium, disclosing those tenders which do not comply with the requirements of paragraph 1 (d) to (f) and paragraph 2.
(4) The Fund will offer the conclusion of a purchase contract for domestic sales to tenderers in the quantities referred to in Article 7 (1) until the total quantity of cereals sold is exhausted. Where the quantity of cereals in tenders exceeds that quantity, the Fund shall adjust the requirements of each tenderer in proportion and conclude a written contract with such persons. The contract shall also:
(a) the time limit for paying the price of cereals;
(b) the time limit for picking up cereals,
(c) penalties for not picking up cereals within the time limit referred to in (b);
(d) the possibility for the Fund to withdraw from the contract in the event of non-compliance;
(e) the period within which the person with whom the Fund has concluded the contract must keep the documents showing compliance with the terms of the contract.
Principles for the implementation of export sales by the Fund of Purchased Cereals
(1) The Fund sells cereals for export according to the presidium decision of the Fund pursuant to § 7. In doing so, they shall publish in at least one national journal in particular:
(a) the date of sale, the quantity of cereals sold for export and the quality of the cereals sold,
(b) the minimum quantity of cereals for export which may be requested by a natural or legal person (hereinafter referred to as "candidates");
(c) the place where the cereals offered for export for sale are stored;
(d) the period within which the export of cereals for export must take place;
(e) the amount of the deposit, the time limit and the conditions for its repayment;
(f) the time limit for the submission of tenders for buying-in of cereals for export, hereinafter referred to as "the export offer,"
(g) the date for making the selection of the export offers submitted,
(h) the period within which the person who sold the goods must remove the cereals for export from the designated warehouse;
(i) the provision that the notification of the selected export offers will be served on all those who have submitted an export offer to the Fund and on the arrangements for implementing that notification;
(j) particulars of the export offer;
(k) the means of marking sealed envelopes.
(2) The applicant may submit only one export offer in a sealed envelope marked in accordance with paragraph 1 (k), with an export offer
(a) indicate the quantity of cereals for export which it requests to buy;
(b) notify the offer of the price at which the cereals are bought for export; and
(c) grant the consent of the Fund to handle the information contained in the export offer to the extent necessary.
(3) Export offers referred to in paragraph 2, received by the Fund, shall be sealed on a specified date by the Director in the presence of at least 3 members of the Fund's presidium, disclosing export offers not complying with the requirements of paragraph 1 (b), (d) to (f), (h), (j) and (k), and paragraph 2, and remaining export offers shall be arranged according to the price offered and subsequently submitted to the Director of the Fund's presidium for evaluation.
(4) The Fund shall offer the conclusion of a written contract to purchase cereals for export to candidates selected in accordance with paragraph 3.
(5) The contract for the purchase of cereals for export also contains:
(a) the amount of the deposit and the time limit for its composition and, where appropriate, the conditions for repayment referred to in paragraph 1 (e);
(b) the time limit for payment of the purchase price;
(c) the time limit for the removal of cereals for export;
(d) penalties for the non-removal of cereals for export within the time limit referred to in (c);
(e) the period within which the cereals must be exported,
(f) the period within which the exporter of the cereals for export shall submit proof to the Fund that he has exported the cereals for export within the time limit referred to in point (e);
(g) the possibility for the Fund to withdraw from the contract in the event of non-compliance;
(h) the period within which the exporter of cereals for export must keep the documents proving compliance with the conditions of this Treaty.
Transitional provision
Until 30 June 2002, the conversion referred to in Article 2 (1) into a basic moisture content of 14% shall only be carried out at a moisture content of more than 14%.
Efficacy
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 Government Decree No. 237 / 2001 Coll.
Conditions and principles for the implementation of intervention buying-in of cereals
A. Cereal types and their quality characteristics and requirements for inclusion in intervention purchases
| Druh obiloviny: | Jakostní znaky a požadavky pro zařazení obiloviny do intervenčního nákupu | Hodnota |
|---|---|---|
| Pšenice obecná potravinářská | Vlhkost | nejvýše 15,0 % |
| Objemová hmotnost | nejméně 780 g/l | |
| Obsah příměsí | nejvýše 6,0 % | |
| z toho: zrna žita, žitovce (tritikale) a ječmene | nejvýše 3,0 % | |
| Obsah nečistot | nejvýše 0,5 % | |
| Obsah N - látek v sušině (N x 5,7) | nejméně 12,0 % | |
| Hodnota sedimentačního testu | nejméně 55 ml | |
| Barva zrna | typická | |
| Obsah hmotnosti zralých zrn | nejméně 95 % | |
| Obsah škodlivých nečistot | nejvýše 0,5 % | |
| z toho: obsah námele | nejvýše 0,1 % | |
| obsah česneků | nejvýše 0,1 % | |
| obsah jílku marnivého | nejvýše 0,1 % | |
| obsah jílku oddáleného | nejvýše 0,1 % | |
| obsah durmanu | nejvýše 0,1 % | |
| obsah koukolu polního | nejvýše 0,2 % | |
| Další požadavky: neobsahuje živé skladištní škůdce, nemá nepřirozený pach, omezující jeho účelovou použitelnost, neobsahuje zrna naplesnivělá a plesnivá, neobsahuje zrna napadená plošticí, nemá jiné zjevné vady. |
B. Principles for converting the weight of supply into the basic moisture value
In the case of the supply of cereals with a different moisture content from the basic value of 14,0%, the converted weight of the consignment shall be determined to the basic moisture value according to the formula:
mp = m1 100 - W1100 - WS
where mp is the basic moisture value in kg,
m1 is the determined weight of delivery in kg,
w1 is the moisture content of the delivered percentage,
ws is the basic moisture value in percentage of weight.
C. Principles for determining the quality characteristics of cereals
I. Procedure and method of sampling, treatment, frequency and handling of the samples
1. One of the following sampling methods may be used for sampling:
1.1. Manual sampling with tubular or pole sampling.
1.2. Automatic mechanical or pneumatic sampling device in accordance with the specified technological procedure.
1.3. Collection from the material stream depending on the current speed.
Note: The samples must have holes 3 times the grain being sampled and be clean.
2. Conditions and procedure for the sampling of cereals:
2.1. Cereal sampling ("sample") shall be carried out in such a way that the sample represents the average quality of the cereals of the same quality ("lot") to which it relates. This requirement shall be achieved by mixing a sufficient quantity of incremental samples, evenly taken from different sites and layers, into the aggregate sample.
2.2. The minimum number of manual incremental samples shall be 7 and shall not be less than the square root of 20 times the weight of the lot in tonnes but not more than 40 samples.
2.3. The lot for one aggregate sample shall not exceed 500 tonnes.
2.4. By dividing the mixed aggregate sample evenly, the final laboratory samples weighing at least 1,2 kg shall be obtained.
3. Number of laboratory samples, purpose of use and method of treatment of samples:
3.1. Two laboratory samples shall be taken from each lot by the storing body and marked in such a way that they can be clearly identified with the lot.
3.2. The first sample of cereals is used to determine the quality characteristics at the time of acceptance of the cereals. The second sample shall be used where the first sample has not complied with the intervention buying-in requirements. The second sample shall be analysed in the presence of the seller or his authorised representative. This sample may also serve as a sample for the arbitration determination provided for in point 3.8 in the event of a dispute over the quality of the cereals if the seller agrees with the storage body.
3.3. Where a dispute concerning the quality of cereals arises between the seller and the storer, the sample from which the arbitral determination of the quality character at issue under point 3.8 shall be taken in the presence of the representatives of the two parties to the dispute, by an authorised authority or in a manner agreed by both parties to the dispute to represent the whole lot.
3.4. The sample shall be placed in a clean, dry and reasonably large airtight packaging and sealed with a seal or seal or adhesive tape bearing a stamp and signatures so that it cannot be opened without destruction of the seal, seal or adhesive tape bearing the stamp and signature.
3.5. The sample shall be properly described so that the data clearly connecting the sample to the lot must be stored inextricably with the sample and shall be provided with a sampling protocol.
3.6. The sampling protocol shall specify in particular: the seller, the storage body, the type of cereals, the weight of the lot in tonnes represented by the sample, the date and method of sampling, the name of the contested quality character and the names and signatures of the representatives of the participants in the quality dispute.
3.7. The sample is stored in a dry environment without high temperatures.
3.8. The arbitral determination of the contested quality mark shall be carried out by an independent body, accredited laboratory or organisation agreed upon by both parties to the dispute.
II. Procedure for adjusting the laboratory sample of cereals
Preparation of the analytical sample, determination of the values of the quality characteristics of the sample taken and detection of compliance with the quality requirements laid down and inspection of the stored cereals shall be carried out by the storage body established by measure1) or by proven calibrated infrared technology according to ČSN 461100-1 - Food crop - Part 1: Common provisions:
1. determination of the water content of cereals, excluding maize according to CSN ISO 712 (461014) Cereals and cereal products - Determination of the water content (practical reference method),
2. by determining the number of declines according to CSN ISO 3093 (46 1018) Cereals - Determination of the number of declines,
3. determination of sedimentation value for wheat for human consumption according to CSN 46 1021 Testing of cereals - Determination of sedimentation value (SDS test),
4. by detection of hidden insect infestation according to CSN ISO 6639 (46 1081) Cereals and legumes - Detection of hidden insect infestation,
5. Determination of other quality characteristics for cereals, leguminous and oil plants according to ČSN 46 1011 Testing of cereals, leguminous and oil plants.
Příloha č. 2
Annex No. 2 to Government Decree No. 237 / 2001 Coll.
Příloha č. 3
Annex No. 3 to Government Decree No. 237 / 2001 Coll.
1) § 281 et seq. of the Commercial Code.
1) Act No. 505 / 1990 Coll., on Metrology, as amended.
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Regulation Information
| Citation | Government Regulation No 237 / 2001 Coll., laying down the conditions and principles for the implementation of intervention buying-in, storage and selling of cereals on the domestic market and for export and for the implementation of further measures for the organisation of the cereals market and laying down the conditions and principles for the announcement of the intervention price (conditions and principles for the implementation of intervention buying-in, storage and selling of cereals) |
|---|---|
| Regulation Type | Regulation |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 11.07.2001 |
|---|---|
| Effective from | 11.07.2001 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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