Government Decree No. 244 / 2004 Coll.
Government regulation on closer conditions for the application of the levy in the milk and milk products sector under the common organisation of the market in milk and milk products
Valid
Regulation
Effective from 01.05.2004
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244
GOVERNMENT REGULATION
of 21 April 2004
laying down closer conditions for the application of the levy in the milk and milk products sector under 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 under § 11d (10) (a) to (f) 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.:
Subject matter
This Regulation lays down certain national conditions within the framework of the common organisation of the market in milk and milk products, in particular as regards contractual relations in the milk and milk products sector, rules on the recognition of producer organisations, their associations and interbranch organisations in the milk and milk products sector, following the directly applicable European Union1.
Individual reference quantity of milk for deliveries
(1) Producer, (2) holding an individual milk supply quota under the current legislation, (3) holding an individual reference quantity of milk for deliveries under the directly applicable European Union Regulation on 1 May 2004, (4) at an amount corresponding to the individual milk delivery quota held by it on 31 March 2004, reduced where appropriate after the end of the quota year 2003 / 2004 under the existing legislation, (5) for the period laid down by the European Union rules. 6)
(2) Where, after the end of the quota year 2003 / 2004, no final decision has been taken on the reduction of the individual supply quota on 1 May 2004 under the existing legislation (3), the individual reference quantity for deliveries referred to in paragraphs 1 and 3 of this Decision shall be reduced by the quantity of milk referred to in this Decision having legal effect on 1 May 2004.
(3) If the sum of the individual reference quantities of milk for deliveries to all producers (2) referred to in paragraph 1 is higher than the national reference quantities for deliveries to the Czech Republic, (7) the individual reference quantity for deliveries to producers (2) shall be reduced by 8,95% on 1 May 2004.
(4) If the sum of the individual reference quantities of milk for deliveries to all producers (2) referred to in paragraphs 1 and 3 is lower than the national reference quantities for deliveries to the Czech Republic, 7) the initial amount of the reserve referred to in Article 6 (1) (a) shall be increased by this difference.
(5) The State Agricultural Intervention Fund (hereinafter referred to as the Fund) shall notify each producer, before 30 May 2004, of the amount of the individual reference quantity of milk for deliveries referred to in paragraphs 1 and 3.
Individual reference quantity of milk for direct sale
(1) Producer, (2) holding an individual quota of direct sales of milk under the current legislation, (3) holding on 1 May 2004 an individual reference quantity of milk for direct sales under the directly applicable European Union Regulation, (4) at an amount corresponding to the individual quota of direct sales of milk held by it on 31 March 2004 for the period laid down by European Union rules. 6)
(2) If the sum of the individual reference quantities of milk for direct sales of all producers (2) referred to in paragraph 1 is lower than the national reference quantities for direct sales laid down for the Czech Republic, 7) the initial amount of the reserve referred to in Article 6 (1) (b) shall be increased by this difference.
(3) The Fund shall notify each producer, by 30 May 2004, of the amount of the individual reference quantity of milk for direct sales referred to in paragraph 1.
Reference fat content of milk
(1) Part of the individual reference quantity of milk shall be the reference fat content of milk, 8) separately determined for the individual reference quantity of milk for deliveries and separately determined for the individual reference quantity of milk for direct sales, as referred to in paragraphs 2 to 4.
(2) The reference fat content of milk (8) producer (2) for the individual reference quantity of milk for deliveries corresponds to the average fat content of milk delivered during the 2002 / 2003 quota year multiplied by a coefficient calculated as a proportion of 42,10 grams per kilogram and a weighted average fat content of all products2) for milk delivered by them during the 2002 / 2003 quota year.
(3) If the producer (2) holds only the individual reference quantity of milk for direct sales, the reference fat content of milk 8) corresponds to the producer (2) for the individual reference quantity of milk for direct sales of the average fat content of milk produced by him during the quota year 2002 / 2003.
(4) Where the producer (2) holds the individual reference quantity of milk for direct sales and, at the same time, the individual reference quantity of milk for deliveries, the reference fat content of milk (8) of the producer (2) of the individual reference quantity of milk for direct sales of the reference fat content of milk (8) of that producer (2) of the individual reference quantity of milk for deliveries referred to in paragraph 2.
(5) If, at the end of the relevant quota year, the Fund finds that the weighted average of the reference fat content of milk 8) of all individual reference quantities of milk in the Czech Republic is higher than 42,20 grams per kilogram for that quota year, it shall be reduced proportionately to all producers of m2) of their reference fat content of milk 8) so that the weighted average of the reference fat content of all individual reference quantities of milk in the Czech Republic does not exceed 42,20 grams per kilogram. 9)
(6) By 30 May 2004, the Fund shall communicate to each producer (2) the amount of the reference fat content of milk 8) for the individual reference quantity of milk for deliveries referred to in paragraph 2 and for the individual reference quantity for direct sales referred to in paragraph 3 or 4.
Approval of the customer
(1) The application for approval (10) of customers (10a) shall be submitted to the Fund by the Fund issued by the form.
(2) The application for the approval of the customer shall include:
(a) a declaration by the applicant that each delivery of milk will be marked with a document enabling the identification of milk10b);
(b) the declaration of the applicant to carry out the activities relating to the levy and record keeping provided for directly applicable European Union10c);
(c) a declaration by the applicant that all milk will be delivered exclusively to undertakings, establishments or other establishments where milk or milk products are treated, processed and packaged (hereinafter referred to as the processing undertaking).
(3) The Fund shall authorise the purchaser on application for approval of the buyer if the applicant:
(a) establish an accounting system capable of providing information pursuant to Article 13;
(b) carry out milk withdrawals to determine the fat content of milk which is part of the performance of the individual reference quantity in laboratories approved under another legislation 10d) at least twice a month; in the event that the producer terminates or interrupts the supply of milk to the customer and the customer in the calendar month in which the end or interruption of the supply takes place, he shall not carry out at least one sample of milk for the purpose of determining the fat content, the purchaser shall report a fat content of 4,21% in the notification referred to in Article 13 (1) for that producer;
(c) is an entrepreneur under the Commercial Code.
(4) The list of approved customers is published by the Fund in a way that allows remote access.
(5) If an approved buyer ceases to operate, he shall immediately notify the Fund in writing, including the accounts of the previous transactions by producer (2). The date on which the notice of termination of the activity of the Fund's customer ceases to be received by the customer, unless the notification indicates that the approval expires at a later date.
(6) The Fund shall withdraw the approval of the buyer in cases established directly by the applicable European Union10e Regulation, in the event of a repeated breach of the customer statement referred to in paragraph 2 (a), (b) or (c), in the event of a repeated breach of the conditions referred to in paragraph 3 or in the event of termination of the customer's activity.
(7) The withdrawal of the approval of the buyer of the Fund shall be made public without delay in a way which allows remote access.
Recognition of the producer organisation
(1) An application for recognition as a producer organisation established in the Czech Republic is submitted by an applicant who fulfils the conditions laid down by the directly applicable European Union Regulation in the milk and milk productssector (26), using the form issued by the Fund.
(2) The application for recognition as a producer organisation shall include:
(a) a list of members showing that the applicant brings together at least 10 members;
(b) an officially certified copy of the applicant's founding documents in force.
(3) The Fund shall recognise applicants referred to in paragraph 1 as a producer organisation established in the Czech Republic under the directly applicable European Union26) in the milk and milk products sector, provided that the applicant brings together at least 10 members and that each member is a production27).
(4) The applicant which has been recognised in accordance with paragraph 3 shall notify the Fund of changes to the data and documents made available to the Fund in the context of the application for recognition under paragraphs 1 and 2 within 15 days of the date on which the change occurred.
(5) The Fund shall carry out at least once every three calendar years checks on the activities of a recognised producer organisation (28).
(6) Where the Fund finds that the conditions are not met by a recognised producer organisation, it shall invite it to remedy the errors and shall fix a time limit which may not exceed 3 months from the receipt of the call. If the error is not remedied within the time limit, the Fund shall cancel recognition (29).
(7) The list of recognised producer organisations shall be published by the Fund in a manner that allows remote access.
Recognition of associations of producer organisations
(1) The application for recognition as an association of producer organisations established in the Czech Republic is submitted by a legal person who fulfils the conditions laid down by the directly applicable European Union Regulation in the milk and milk productssector (30), using the form issued by the Fund.
(2) The application for recognition as an association of producer organisations shall include:
(a) a list of producer organisations which show that the applicant brings together at least two producer organisations;
(b) an officially certified copy of the applicant's founding documents in force.
(3) The Fund shall recognise the legal person referred to in paragraph 1 as an association of producer organisations established in the Czech Republic under the directly applicable regulation of the European Union in the milk and milk productssector (30), provided that the legal person brings together at least two recognised producer organisations.
(4) The legal person recognised in accordance with paragraph 3 shall notify the Fund of changes to the data and documents made available to the Fund in the context of the application for recognition pursuant to paragraphs 1 and 2 within 15 days of the date on which the change occurred.
(5) The Fund shall carry out at least every three calendar years checks on the activities of a recognised association of producer organisations28).
(6) In the event that the Fund finds non-compliance by a recognised association of producer organisations, it shall invite it to remedy the errors and shall set a time limit which may not exceed 3 months from the receipt of the call. If the error is not remedied within the time limit, the Fund shall cancel recognition (29).
(7) The list of recognised associations of producer organisations shall be published by the Fund in a manner that allows remote access.
Recognition of interbranch organisation
(1) An application for recognition of an interbranch organisation in the milk and milk products sector located in the Czech Republic is submitted by a legal person who fulfils the conditions laid down by the directly applicable European Union Regulation in the milk and milk productssector (31), the Fund on its form.
(2) The application for recognition of an interbranch organisation shall include a declaration of the activity referred to in the directly applicable European Union32) of the interbranch organisation.
(3) The legal person who has been recognised as an interbranch organisation in the milk and milk products sector under the directly applicable European Union Regulation in the milk and milk productssector (33) shall notify the Fund of any amendments and additions to the data and documents made available to the Fund in accordance with the application for recognition referred to in paragraphs 1 and 2 within 15 days of their establishment.
(4) The Fund shall carry out at least once every three calendar years checks on the activities of recognised interbranch organisation33).
(5) In the event that the Fund finds non-compliance by a recognised inter-branch organisation, it shall call on it to remedy the errors and shall set a time limit which may not exceed 3 months from the receipt of the call. If the error is not remedied within the time limit, the Fund shall cancel recognition 34).
(6) The list of recognised interbranch organisations is published by the Fund in a way that allows remote access.
Reserve
(1) Initial amount of the reserve on 1 May 2004 to be allocated
(a) individual reference quantities of milk for deliveries shall be fixed at the difference between 2 613 239 tonnes and the total amount of individual reference quantities of milk for deliveries allocated to producers of m2, in accordance with Article 2 (1) and (3);
(b) individual reference quantities of milk for direct sales shall be set at the difference between 68 904 tonnes and the total amount of individual reference quantities of milk for direct sales to producers of m2, in accordance with Article 3 (1) and (2).
(2) The reserve is increased by parts of the individual reference quantities of milk which have been reduced in accordance with Sections 8 (1) and 8 (4) and, where appropriate, withdrawn in accordance with Sections 8 (2) and (5).
(3) The reserve may be distributed once a year on 1 March of the calendar year concerned.
(4) The Fund may, no later than 60 days before the date referred to in paragraph 3, allocate part of the reserve it uses to increase existing or, where appropriate, the allocation of new individual reference quantities of milk for deliveries and individual reference quantities for direct sales; information on the part of the reserve allocated shall be published by the Fund in a way that allows remote access.
For the 12-month period 2005 / 200610f, the reserve may be divided between 1 August 2005 and 1 March 2006. Paragraph 6 (4) shall apply mutatis mutandis to the allocation of the reserve on 1 March 2006.
Increase in individual reference quantity of milk and allocation of new individual reference quantity of milk
(1) The producer's request (2) to increase the existing individual reference quantity of milk and, where appropriate, to allocate a new individual reference quantity of milk from the part of the reserve provided for in Article 6 (4) for the quota year concerned, must reach the Fund not later than 30 days before the date referred to in Article 6 (3), using the form issued by the Fund. An applicant for an increase must be an entrepreneur under the Commercial Code.
(2) The applicant for the allocation of a new individual reference quantity of milk from the part of the reserve established for the relevant quota year in accordance with Article 6 (4) must be:
(a) by an entrepreneur under the Commercial Code,
(b) the owner of a herd of dairy cows or heifers over 5 months of pregnancy (hereinafter referred to as "high-pregnant heifers") registered in the information system of the central livestock register 11a); if they do not own such a herd, submit the document referred to in Article 7 (4) (b);
(c) the person whose establishment treats animal products is approved and registered under another legislation (11).
(3) On 1 March of the calendar year in question, m2 producers who have applied for an increase in the existing individual reference quantity of milk for deliveries shall be allocated a reference quantity of milk for the relevant period on the basis of compliance with the limit of the reference quantity for deliveries. the producer must not reach a fixed limit on the individual reference quantity of milk for deliveries by transfer. For producers (2) who have obtained an individual reference quantity by donating between relatives in a series of direct spouses or registered partners, compliance with the limit of the individual reference quantity of milk for deliveries shall be assessed in a similar manner to the migration of the reference quantity of milk. The limit for the supply of milk for the period 1 April to 31 December of the calendar year concerned shall be more than 75,5% of the total reference quantity of milk for deliveries. A request from an applicant who has not complied with the milk supply limit shall be rejected. The method of calculating the reference quantity of milk from the reserve is set out in Annex 4 to this Regulation. If the producer (2) does not reach the limit of the individual reference quantity of milk for deliveries and proves to the Fund that the temporary impairment of production capacity has occurred as a result of force majeure, the Fund shall take into account the temporary impairment of production capacity.
(4) The application for the allocation of a new individual reference quantity of milk from the part of the reserve established for the relevant quota year referred to in Article 6 (4) is submitted by the producer (2), who has not yet been allocated an individual reference quantity of milk, to the Fund on the form issued by it at the latest 30 days before the date referred to in Article 6 (3). The application shall include:
(a) proving the supply of milk within the scope of the allocation of the individual reference quantity of milk for the quota year concerned, where producers require (2) the allocation of a new individual reference quantity of milk for deliveries;
(b) the future acquisition of dairy cows or high-shore heifers, where appropriate, where producers (2) do not yet own such a herd.
(5) On 1 March of the calendar year in question, the producers of m2, who applied for the allocation of a new individual reference quantity of milk for deliveries, shall be allocated an individual reference quantity for the period concerned on the basis of the calculation of their production capacity (Paragraph 14 (2), multiplied by a coefficient of no more than 1, established by the Fund on the basis of the share of the allocated part of the reserve for the allocation of new and the increase of existing individual reference quantities of milk for deliveries (Section 6 (4) and the sum of all applicants' claims to increase of the existing individual reference quantities of milk for deliveries and applicants for the allocation of new individual reference quantities of milk for deliveries. The application for the allocation of a new individual reference quantity of milk for deliveries shall be rejected by the Fund if the producer (2) before the date referred to in Article 6 (3) has transferred the entire individual reference quantity of milk for deliveries to another production2).
(6) Producers of m2 who have applied for an increase in the existing individual reference quantity of milk for direct sale or the allocation of a new individual reference quantity of milk for direct sale, the Fund will allocate an individual reference quantity for the relevant period on the basis of the calculation of their production capacity (Paragraph 14 (2)) multiplied by a coefficient of no more than 1, established by the Fund on the basis of the share of the reserve allocated for increasing the existing individual reference quantity of milk for direct sale or the allocation of a new individual reference quantity of milk for direct sales (Paragraph 6 (4) and the sum of all claims of applicants. The application for the allocation of a new individual reference quantity of milk for direct sales shall be rejected by the Fund if the producer (2) before the date referred to in Article 6 (3) has transferred the whole individual reference quantity of milk for direct sales to another production2).
(7) Producers of m2) preparing to restart production under the directly applicable European Union12), the Fund will allocate an individual reference quantity for the period concerned on the basis of their current production capacity (Section 14 (2)). The application for the allocation of the individual reference quantity of milk shall be submitted by the producer (2). The Fund shall not be less than 60 days before the start of production but no later than 31 January of the calendar year concerned.
(8) The Fund provides for a reference fat content of milk 8) to the producer, 2) who requests:
(a) an increase in the individual reference quantity of milk corresponding to the reference fat content of the milk, 8) at the date of application;
(b) the allocation of a new reference quantity of milk, if not producers (2) in accordance with the directly applicable European Union Regulation, (12) of 42,10 grams per kilogram;
(c) the allocation of a new reference quantity of milk, in the case of producers (2) according to the directly applicable regulation of the European Union, (12) at an amount corresponding to the reference fat content of the milk, (8) which was collected by producers (2), but not more than 42,10 grams per kilogram.
(9) Production2) which does not own a herd of dairy cows or high-shore heifers at the time of the application for the allocation of a new individual reference quantity of milk from part of the reserve Fund shall allocate a new individual reference quantity of milk in accordance with paragraph 2 (b) on condition. The producer (2) shall, no later than 90 days after the date on which the decision to allocate a new individual reference quantity of milk is taken to prove that he is the owner of a herd of dairy cows or high-shore heifers, or else the Fund shall withdraw the decision.
(1) Producers of m2) who, on 1 August 2005, apply for the allocation of a new individual reference quantity of milk for direct sale and who, for the 12-month period 2004 / 200510f, had an individual reference quantity of milk for deliveries, shall be allocated an individual reference quantity of milk for the relevant period on the basis of the fulfilment of the individual reference quantity of milk for deliveries for the 12-month period 2004 / 200510f, multiplied by a coefficient. The coefficient shall be fixed by the Fund on the basis of the share of the reserve allocated to the allocation of new and increasing existing individual reference quantities for direct sales and the sum of all applicants' claims for individual reference quantities for direct sales. The allocation limit shall be more than 95% of the individual reference quantity for deliveries for the 12-month period 2004 / 200510f. The entitlement of the applicant shall be calculated as the difference between the supply performance for the 12-month period 2004 / 200510f and the supply according to the limit set. Production2) may not reach a fixed limit on the individual reference quantity of milk for deliveries by transferring that individual reference quantity to another producer2). If the producer (2) does not reach the level of the individual reference quantity for deliveries and proves to the Fund that the temporary impairment of production capacity has occurred as a result of a higher moci12a intervention, the Fund shall take into account the temporary impairment of production capacity when setting the allocation limit.
(2) Producers of m2) who, on 1 August 2005, apply for an increase in the existing individual reference quantity of milk for deliveries and, where applicable, for direct sales and who, for the 12-month period 2004 / 200510f, had an individual reference quantity for deliveries or direct sales, shall be allocated an individual reference quantity of milk for the relevant period on the basis of the fulfilment of the individual reference quantity for deliveries and direct sales for the 12-month period 2004 / 200510f, multiplied by a coefficient. The coefficients shall be established by the Fund on the basis of the share of the reserve allocated for the allocation of new and increasing existing individual reference quantities for deliveries and direct sales and the sum of all applicants' claims for individual reference quantities for deliveries and direct sales. The allocation limit is the fulfilment of an individual reference quantity of milk for deliveries and direct sales for the 12-month period 2004 / 200510f) to more than 95%. The applicant's entitlement shall be calculated as the difference between the supply performance and direct sales for the 12-month period 2004 / 200510f and the supply and direct sales according to the limit set. Production2) may not reach a fixed limit on the individual reference quantity of milk for deliveries and direct sales by transferring that individual reference quantity to another production2). If the producer (2) does not reach the set limit of individual reference quantity for deliveries and direct sales and proves to the Fund that the temporary impairment of production capacity has occurred as a result of a higher moci12a intervention, the Fund shall take into account the temporary impairment of production capacity when setting the allocation limit.
(3) Producers who, on 1 August 2005, apply for the allocation of a new individual reference quantity of milk for direct sale and who do not hold an individual reference quantity of milk for deliveries, the Fund shall allocate an individual reference quantity for the relevant period referred to in Article 7 (6).
(4) Unless otherwise provided, the allocation of a new individual reference quantity of milk for direct sales and an increase of the existing individual reference quantity for deliveries and direct sales on 1 August 2005 shall apply mutatis mutandis.
(5) Paragraph 7 shall apply mutatis mutandis to the allocation of a new individual reference quantity of milk for direct sales and to the increase of the existing individual reference quantity for deliveries and direct sales on 1 March 2006.
Reduction and withdrawal of individual reference quantities of milk
(1) If the producer has not exhausted the individual reference quantity of milk from at least 70% in the relevant quota year (2), the individual reference quantity of milk shall be reduced by the unexhausted part starting from the quota year following the quota year in which the non-exhaustion took place. The reduction in the individual reference quantity of milk shall not be made for producers (2) who have been allocated a new individual reference quantity of milk (13a) in the relevant 12-month period and for producers (2) who restarted milk production in the relevant 12-month period.
(2) A producer, (2) who has acquired from another producer (2) an individual reference quantity of milk or part thereof shall be withdrawn (14) 15% of the transferred individual reference quantity of milk or part thereof. the producer fund (2), which is the acquirer of the individual reference quantity of milk or part thereof, shall immediately notify in writing.
(3) Withdrawal pursuant to paragraph 2 shall not be effected if:
(a) the transfer of the reference quantity of milk in the context of the sale of the undertaking or part thereof;
(b) the transfer of the reference quantity of milk in the context of the lease of the undertaking or part thereof;
(c) the conversion of the reference quantity of milk in the framework of inheritance;
(d) the migration of the reference quantity of milk as a result of the disappearance of a legal person without liquidation;
(e) donating a reference quantity of milk between relatives in a series of direct, spouse or registered partners.
(4) The individual reference quantity of milk may be reduced by the same amount to all producers of m2, but not more than 3% if the situation on the milk and milk products market so requires. the reduction shall be made no later than 31 December of the calendar year.
(5) Producer, 2) who no longer fulfils the conditions of the directly applicable European Union Regulation during the quota year in question, 2) The Fund shall withdraw the individual reference quantity of milk.
(6) If a producer (2) terminates or suspends milk production, it shall notify the Fund in writing without delay, except in the case of transfer of the whole individual reference quantity of milk referred to in Article 9.
Transfer and transition of individual reference milk quantity
(1) The transfer or transfer of an individual reference quantity of milk, if not the transfer provided for by another legislation, 15) is effective on the date of issue of the written confirmation that the Fund records the transfer or changeover, 16) if the new production2) at the same time the Fund has demonstrated that the transfer or transfer of the reference quantity of milk referred to in Article 8 (3) is involved. If the transferee does not demonstrate that the reference quantity is transferred or transferred in accordance with the first sentence, the Fund shall, within 15 days of receipt of the notification, withdraw the reference quantity of milk from the transferee in accordance with Article 8 (2).
(2) Written confirmation of the transfer of the individual reference quantity of milk to the new producer2) The Fund shall, upon fulfilment of the conditions and presentation of the documents referred to in Article 7 (2) and (4).
(3) At the same time as the transfer or transfer of the individual reference quantity of milk passes or is transferred to the transferee the reference fat content of milk 8). The Fund shall communicate to the transferee a new reference fat content of the milk 8) according to the directly applicable European Union17).
Change of the reference quantity of milk for deliveries or part thereof to the reference quantity of milk for direct sales and vice versa
(1) The reference quantity of milk for deliveries, or part thereof, may be changed to the reference quantity of milk for direct sales and option18 during the period from 1 June of the current year to 25 January of the following calendar year, on the basis of an application submitted by the Fund on a form issued by it.
(2) The amendment referred to in paragraph 1 may be made no more than twice during the quota year.
(3) When changing in accordance with paragraph 1, the reference fat content of milk shall be taken into account in accordance with the directly applicable European Union19. 8)
(4) The Fund shall implement the amendment referred to in paragraph 1 with effect from the date of receipt of the application referred to in paragraph 1 of the Fund and shall inform the applicant without delay of the amendment referred to in paragraph 1.
Settlement of drawing reference quantities of milk
The collector shall submit the bill 20) drawing the reference quantity of the Fund's milk in paper form on the form issued by the Fund and the electronic form of the data file in accordance with the format established by the Fund, or in electronic form of the data file in accordance with the format established by the Fund with a guaranteed electronic signature.
Dose for exceeding the reference quantity of milk
(1) The Fund shall decide by 31 July of the calendar year, on the basis of the accounting for the drawing-up of the reference quantity of milk for deliveries for the relevant quota year received from purchasers, whether the producer has exceeded his individual reference quantity for deliveries and shall immediately inform its respective customer of the amount of the levy for the excess of the reference quantity of milk, calculated to that end by each producer (2), in accordance with the formula set out in Annex 1 to this Regulation, the quantity of milk from which the levy is fixed for the excess of the reference quantity of milk.
(2) The fixing of levies for exceeding the reference quantity of milk for direct sales shall be treated in a similar manner to the fixing of the levy for exceeding the reference quantity of milk referred to in paragraph 1 but shall not take account of the reference content of fat8) in the milk and milk productssold 21a).
(3) If the purchaser does not submit to the fund the drawing-up of the reference quantity of milk for the last quota year in accordance with Article 11, the Fund shall request the submission of the accounts of the individual producers, (2) who delivered the reference quantity of milk to that buyer.
Notification of compliance with individual reference quantities of milk
(1) The collector shall notify the Fund within 15 days of the end of each calendar month of information22) of the identification data of his producers, (2) of the performance of the individual reference quantities of the milk of each producer, (2) including the fat content of the milk, the purchaser shall also submit to the Fund a list of the processing undertakings involved in the treatment and processing of milk supplied by him, including the quantity of milk supplied to those processing undertakings, in paper form, on the form issued by the Fund and the electronic form of the data file in accordance with the format established by the Fund, or in electronic form of the data file in accordance with the format established by the Fund, provided by the guaranteed electronic signature.
(2) Production2) notify the Fund, within 15 days of the end of each calendar month of information22) of the fulfilment of the individual reference quantity of milk for direct sales, using a form issued by the Fund, in writing and, where appropriate, in a way that allows remote access. For the purposes of information on the performance of the individual reference quantity of milk for direct sales of producers (2), convert milk products sold directly to the consumer into milk equivalent by the coefficients listed in Annex 2 to this Regulation. The notification obligation shall not apply to producer (2) who has ceased milk production during the 12-month period.
(3) On the basis of the notification of compliance with the individual reference quantities of milk referred to in paragraphs 1 and 2, the Fund shall publish in a manner allowing remote access the fulfilment of the national reference quantity for deliveries and direct sales in the relevant calendar month at the latest by the end of the following calendar month.
Reports from producer organisations and associations of producer organisations
A producer organisation recognised in accordance with § 5a and an association of producer organisations recognised in accordance with § 5b shall notify the Fund of the information under the directly applicable European Union35 Regulation on forms issued by the Fund.
Some details of the compliance check between deliveries, direct sales and producer production capacity
(1) The Fund shall process and implement the general plan under scrutiny 22a) for each 12-month period 10f).
(2) In carrying out the check of compliance between deliveries of the producer (2) and its production capacity, and in carrying out the check of compliance between direct sales of the producer (2) and its production capacity under the directly applicable European Union24), the Fund is based on the information system of the central livestock account11a), on the performance check of dairy cows and, where appropriate, on the Czech Statistical Office sample survey.
Common provision
The Fund shall apply mathematical rounding to 2 decimal places when calculating the figures under this Regulation.
Transitional provisions
(1) The transfer of an individual supply quota for milk and an individual quota for direct sales of milk in accordance with the existing legislation, (3) which took place during the period after the end of the quota year 2003 / 2004 until the date of entry into force of this Regulation shall be considered to be effective on the date of entry into force of this Regulation, unless the legal effects of the transfer occur later. This transfer shall be reduced or increased by the individual reference quantity of milk communicated by the Fund pursuant to Articles 2 (5) and 3 (3) of this Regulation. This transfer shall not be subject to the provisions of Paragraph 8 (2) of this Regulation.
(2) The individual milk delivery quota and the individual direct milk sales quota transferred pursuant to paragraph 1 by a person who is no longer a producer at the date of entry into force of this Regulation, 2) shall be reduced in accordance with Article 2 (3) of this Regulation.
(3) A natural or legal person who, on the date of entry into force of this Regulation, is not a producer of m2) and holds an individual milk production quota under the existing legislation, (3) Paragraph 2 to 4 is not applicable. The legal effects associated with the individual milk production quota thus held pursuant to the existing legislation (3) shall cease to apply.
(4) Legal relationships arising before the date of entry into force of this Regulation and the rights and obligations resulting therefrom shall be assessed in accordance with existing legislation, unless otherwise provided for in this Regulation.
The following shall be deleted:
1. Government Decree No. 445 / 2000 Coll., establishing production quotas for milk for the years 2001 to 2005.
2. Government Regulation No. 44 / 2002 Coll., amending Government Regulation No. 445 / 2000 Coll., on the establishment of milk production quotas for the years 2001 to 2005, as amended by the Constitutional Court found published under No. 410 / 2001 Coll.
3. Government Regulation No. 107 / 2004 Coll., amending Government Regulation No. 445 / 2000 Coll., establishing production quotas for milk for the years 2001 to 2005, as amended by Government Regulation No. 44 / 2002 Coll.
4. Government Regulation No. 108 / 2004 Coll., establishing the proportion of the reserve that can be divided in the milk production quota system in the 2004 / 2005 quota year.
Efficacy
This Regulation shall enter into force on the date of the entry into force of the Treaty of Accession of the Czech Republic to the European Union.
Prime Minister:
v z. Mgr. Gross v. r.
1. Prime Minister and Minister for the Interior
Minister for Agriculture:
Ing. Palas v. r.
Příloha č. 1
Annex No. 1 to Government Decree No. 244 / 2004 Coll.
Formula for calculating the quantity of milk from which the excess levy is to be determined
MMI = MPKI * (1 - (MNK + NNRM) / MPK)
Whereas
| „MMI“ | = množství mléka jednotlivého producenta2) pro dodávky, ze kterého má být stanovena dávka |
| „MPKI“ | = množství mléka jednotlivého producenta2) pro dodávky, o které bylo překročeno jeho individuální referenční množství mléka pro dodávky, upravené na základě skutečného obsahu tuku podle přímo použitelných předpisů Evropské unie25) |
| „MNK“ | = celkové množství nevyčerpaných referenčních množství mléka pro dodávky, upravené na základě skutečného obsahu tuku podle přímo použitelného předpisu Evropské unie20) u producentů2), jejichž vyúčtování referenčních množství mléka Fond obdržel do 1. července kalendářního roku |
| „MPK“ | = celkové množství mléka, o které byla přečerpána referenční množství mléka pro dodávky, upravené na základě skutečného obsahu tuku podle přímo použitelného předpisu Evropské unie20) u producentů2), jejichž vyúčtování referenčních množství mléka Fond obdržel do 1. července kalendářního roku |
| „NNRM“ | = nepřidělené národní referenční množství mléka pro dodávky ke dni 31. března příslušného kvótového roku |
Příloha č. 2
Annex No 2 to Decree No 244 / 2004 Coll.
Method of converting dairy products into equivalent quantities of milk
| Druh mléčného výrobku | Množství | Ekvivalentní množství mléka |
|---|---|---|
| Máslo | 1 kg | 22,5 kg mléka |
| Smetana | 1 kg | 0,263 kg mléka vynásobeno množstevním procentem obsahu tuku smetany |
| Tvrdé sýry | 1 kg | 10 kg mléka |
| Čerstvé a bílé sýry | 1 kg | 7 kg mléka |
| Jogurt | 1 kg | 1,2 kg mléka |
| Tvaroh | 1 kg | 7 kg mléka |
Příloha č. 4
Annex No. 4 to Government Decree No. 244 / 2004 Coll.
Method for calculating the reference quantity of milk from the reserve on 1 March of the calendar year concerned
| Sloupec 1 | Sloupec 2 | Sloupec 3 | Sloupec 4 | Sloupec 5 |
|---|---|---|---|---|
| Individuální referenční množství mléka ke dni doručení žádosti (v kg) | Dodávky mléka za období od 1.4. do 31. 12. (v kg) | Dodávky mléka podle stanoveného limitu (v kg) | Rozdíl plnění (v kg) | Přidělené referenční množství mléka z rezervy (v kg) |
| sl. 1 × 0,755 | sl. 2 – sl. 3 | sl. 4 × K*) |
Explanatory note:
*) K = coefficient fixed by the State Agricultural Intervention Fund pursuant to § 7 (4).
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Regulation Information
| Citation | Government Regulation No 244 / 2004 Coll., laying down closer conditions for the application of the levy in the milk and milk products sector under the common organisation of the market in milk and milk products |
|---|---|
| Regulation Type | Regulation |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 30.04.2004 |
|---|---|
| Effective from | 01.05.2004 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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