Decree No. 247 / 2004 Coll.
Government Regulation on the implementation of certain measures by common organisations of the market in fruit and vegetables and processed fruit and vegetables
Valid
Regulation
Effective from 01.05.2004
Text versions:
01.05.2004
30.04.2004
247
GOVERNMENT REGULATION
of 21 April 2004
on the implementation of certain measures by the common organisation of the market in fruit and vegetables and processed fruit and vegetables
The Government orders pursuant to § 2b (2) of Act No. 252 / 1997 Coll., on Agriculture, as amended by Act No. 128 / 2003 Coll.:
Subject matter
This Regulation provides for the implementation of certain measures by the common organisation of the market in fruit and vegetables and processed fruit and vegetable products, the adaptation of which by direct binding provisions of the European Community1) (hereinafter referred to as the "European Communities') requires or allows the Member States of the European Union to make a separate adjustment at their discretion.
Recognition of producer organisations, associations of producer organisations, international producer organisations and international associations of producer organisations
(1) Applications for recognition of a producer organisation, an association of producer organisations, an international producer organisation and an international association of producer organisations shall be submitted by persons fulfilling the conditions laid down in the provisions of the European Communities, 2) To the State Agricultural Intervention Fund (hereinafter referred to as the Fund) on forms issued by it.
(2) The application referred to in paragraph 1 shall include:
(a) an original or officially certified copy of the existing statutes;
(b) the original or an officially certified copy of the proof that the applicant and, in the case of associations of producer organisations and international associations of producer organisations, their individual members are entrepreneurs under specific legislation, 3)
(c) proof of the number of members; and
(d) proof of the volume of the annual marketable production.
(3) The association of producer organisations to the application referred to in paragraph 1 shall, in addition to the formalities laid down by European Community4, attach the original or an officially certified copy of the bank account contract on which the producer contributions to the operational funds of the producer organisations and the European Union funds for associations of producer organisations will be deposited.
(4) The statutes of an association of producer organisations referred to in paragraph 1 include:
(a) a commitment to the duration of membership of individual producer organisations in associations of producer organisations for the duration of the operational programme; and
(b) an undertaking by the producer organisation to provide an estimate of the amount of revenue to the operational fund in the coming year, the amount of expenditure in the current year, and, if possible, the estimated quantity of production in the coming year.
(5) Furthermore, the statutes referred to in paragraph 4 shall be accompanied by:
(a) proof of the member commitments of producer organisations to associations of producer organisations, in particular as regards the shortest possible duration of membership and notice periods of members; and
(b) proof of the authorisation of the producer organisations to request information on their management from associations of producer organisations.
(6) The person who has been recognised in accordance with paragraph 1 shall notify the Fund of any amendments and additions to the data and documents provided to the Fund in connection with the application for recognition referred to in paragraph 1 within 15 days of their establishment.
(7) Where the performance of one of the activities which are carried out by producer organisations, associations of producer organisations, international producer organisations and international associations of producer organisations recognised on the basis of an application for recognition referred to in paragraph 1 is entrusted to another person, producer organisations, producer organisations' associations, international producer organisations or international associations of producer organisations, the Fund shall send a certified copy of the contract on the basis of which such activity is carried out, no later than 10 days after its conclusion.
(8) Producer organisations, associations of producer organisations, international producer organisations and international associations of producer organisations recognised on the basis of a request for recognition referred to in paragraph 1 shall keep records of the movement of stocks between themselves and their members under specific legislation. 5)
Withdrawal from the producer organisation, association of producer organisations, international producer organisation and international association of producer organisations
The period of notice for the presentation (6) of a member from a producer organisation, an association of producer organisations, an international producer organisation or an international association of producer organisations (2) recognised under Article 2 shall be six months and shall begin to run on the first day of the calendar month following receipt of the notice of withdrawal by the producer organisation concerned, an association of producer organisations, an international producer organisation or an international association of producer organisations.
Preliminary recognition and recognition plan
(1) Applications for prior recognition of a producer group with a plan to obtain recognition under European Community rules (7) shall be submitted to the Fund by persons who comply with the conditions laid down by the European Communities on the forms issued by it. 7)
(2) The application referred to in paragraph 1 shall include:
(a) an original or officially certified copy of the existing statutes;
(b) an original or an officially certified copy of the proof that the producer group and, where appropriate, its individual members are entrepreneurs in accordance with specific legislation, 3)
(c) the business plan for the gradual achievement of the aspects for the recognition of a producer organisation, an association of producer organisations, an international producer organisation or an international association of producer organisations referred to in Article 2;
(d) copies of inside-house directives;
(e) the bank account number; and
(f) proof of the volume of the annual marketable production.
(3) An amendment to the recognition plan referred to in paragraph 1 may be made only on approval by the Fund. An application for amendment according to the first sentence shall be submitted to the Fund on the form issued by it.
Lowest volume of marketable production
The lowest volume of annual marketable production8) for the category of products intended for industrial processing and the category of fungi corresponds to the volume laid down by the regulation of the European Community9) and for other products it is CZK 15 000 000. 10)
Operational Fund and Operational Programme
(1) An application for the approval of an operational programme, an application for the approval of an operational fund, including the annexes to the Regulations of the European Communities (11) and a communication on the calculated volume of operational funds under the Regulations of the European Communities (11), shall be submitted to the Fund on forms issued by it.
(2) Proof of the establishment of an operational fund12 means the original or officially certified copy of the bank account contract in which the funds of the operational fund will be deposited.
(3) The operational programme may be amended repeatedly over a period of one year without the prior approval of the Fondem13) only if the total value of the amendments does not exceed 10% of the amount of aid approved by the Fund for the year in question.
(4) An amendment to an operational programme exceeding the value referred to in paragraph 3 may be made only on approval by the Fund. An application for such an amendment shall be submitted to the Fund on forms issued by it. The Fund shall decide on this application in accordance with the administrative rules. 14)
Applications for grants
(1) Requests for
(a) payment of financial support for an approved operational programme, 15)
(b) compensation for financial support for an approved operational programme, 16)
(c) advance payment for an approved operational programme, 17)
(d) partial payment for an approved operational programme, 18)
(e) fruit and vegetable aid for processing, 19)
(f) an advance on fruit and vegetable aid for processing 20); and
(g) compensation for withdrawals from the market21)
shall be submitted in accordance with the procedure laid down in the provisions of the European Communities to the Fund on forms issued by it.
(2) The application referred to in paragraph 1 (c) shall include an affidavit stating that the advance payment previously granted for an approved operational programme has already been used and shall include proof of payment of the raw materials delivered in accordance with paragraph 1 (e).
(3) The application referred to in paragraph 1 (g) shall be submitted for a period of at least 3 calendar months.
Withdrawal of products from the market
Withdrawal of products from the market under European Community rules 22) is notified to the Fund at least 24 hours in advance. In the event that the notification referred to in the first sentence could not have been made within that period, the disposal of the withdrawn products may take place only after approval by the Fund.
Approval of charitable and charitable organisations for free distribution of products withdrawn from the market
The application for approval of a charitable and charitable organisation for the purpose of the free distribution of products withdrawn from the market23) shall be submitted in accordance with the procedure laid down in the provisions of the European Communities. 24) Fund on the form issued by him. The Fund shall decide on this application in accordance with the administrative rules. 14)
Approval of livestock farmers for the use of products withdrawn from the market
Applications for approval of livestock farmers or persons engaged in similar activities for the purpose of the use of products withdrawn from the market25) shall be submitted in accordance with the procedure laid down in the provisions of the European Communities. 24) Fund on the form issued by him. The Fund shall decide on this application in accordance with the administrative rules. 14)
Approval of storage agencies
Application for approval of storage agency26) shall be submitted in accordance with the procedure laid down in the provisions of the European Communities. 27) The fund on the form it issued. The Fund shall decide on this application in accordance with the administrative rules. 14)
Approval of processors
(1) Application for the approval of processors (28) shall be submitted in accordance with the procedure laid down in the provisions of the European Communities. 29) The fund on its form. The application for approval of the processor for the following marketing year shall be submitted by 15 October at the latest in the case of processing tomatoes, by 15 March at the latest in the case of processing peaches and by 31 March at the latest in the case of processing pears. The application shall be accompanied by proof that the applicant is an entrepreneur under specific legislation. 3) The Fund shall decide on this application in accordance with the administrative rules. 14)
(2) The processor approved in accordance with paragraph 1 shall notify the Fund of any amendments and additions to the data and documents provided to the Fund in connection with the application for approval within 15 days of the date of their establishment.
Information on participation in the aid scheme
For information on participation in the aid scheme under European Community rules 30) the annual provision of contract 31) The Fund shall be the contract between producer organisations, associations of producer organisations, international producer organisations and international associations of producer organisations recognised under Article 2 or provisionally recognised producer groups pursuant to Article 4 and approved processors pursuant to Article 12.
Deadline for payment of raw material
The deadline for payment of the raw material under the European Communities32 shall be not more than 15 working days.
Information on fruit mixtures and prepared sauces
Amendments concerning the production of fruit blends and fruit saucesunder the European Communities Regulation (33) shall be notified to the Fund no later than 15 working days before the start of their manufacture.
Reference period
The reference period according to the rules of the European Communities 34) shall begin on 1 January and end on 31 December of the same year.
By providing data and information, 35) unless otherwise provided for in this Regulation or in the provisions of the European Communities, their service to the Fund shall be understood as in writing and, where appropriate, in a way enabling remote access.
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.
1) Council Regulation (EC) No 2200 / 96 of 28 October 1996 on the common organisation of the market in fruit and vegetables, as amended by Commission Regulation (EC) No 2520 / 97 of 15 December 1997, Council Regulation (EC) No 857 / 1999 of 22 April 1999, Council Regulation (EC) No 1257 / 1999 of 17 May 1999, Council Regulation (EC) No 2699 / 2000 of 4 December 2000, Council Regulation (EC) No 2826 / 2000 of 19 December 2000, Commission Regulation (EC) No 1881 / 2002 of 14 October 2002 and Commission Regulation (EC) No 47 / 2003 of 10 January 2003. Commission Regulation (EC) No 1432 / 2003 of 11 August 2003 laying down detailed rules for the application of Council Regulation (EC) No 2200 / 96 as regards the conditions for the recognition of producer organisations and the prior recognition of producer groups. Commission Regulation (EC) No 1433 / 2003 of 11 August 2003 laying down detailed rules for the implementation of Council Regulation (EC) No 2200 / 96 as regards operational funds, operational programmes and financial support, as amended by Commission Regulation (EC) No 1582 / 2003 of 10 September 2003. Commission Regulation (EC) No 103 / 2004 of 21 January 2004 laying down detailed rules for the application of Council Regulation (EC) No 2200 / 96 as regards intervention arrangements in the fruit and vegetables sector. Council Regulation (EC) No 2201 / 96 of 28 October 1996 on the common organisation of the market in processed fruit and vegetable products, as amended by Council Regulation (EC) No 2199 / 97 of 30 October 1997, Council Regulation (EC) No 2701 / 1999 of 14 December 1999, Council Regulation (EC) No 2699 / 2000 of 4 December 2000, Council Regulation (EC) No 1239 / 2001 of 19 June 2001 and Commission Regulation (EC) No 453 / 2002 of 13 March 2002. Commission Regulation (EC) No 1535 / 2003 of 29 August 2003 laying down detailed rules for the application of Council Regulation (EC) No 2201 / 96 as regards financial support for fruit and vegetables products.
2) Article 11 of Council Regulation (EC) No 2200 / 96. Commission Regulation (EC) No 1432 / 2003.
3) Article 43 of the Treaty establishing the European Community.
4) Article 11 of Council Regulation (EC) No 2200 / 96.
5) Act No. 563 / 1991 Coll., on Accounting, as amended by Act No. 117 / 1994 Coll., Act No. 227 / 1997 Coll., Act No. 492 / 2000 Coll., Act No. 353 / 2001 Coll., Act No. 575 / 2002 Coll. and Act No. 437 / 2003 Coll.
6) Article 5 (2) of Commission Regulation (EC) No 1432 / 2003.
7) Article 14 of Council Regulation (EC) No 2200 / 96.
8) Article 4 of Commission Regulation (EC) No 1432 / 2003.
9) Article 4 (1) of Commission Regulation (EC) No 1432 / 2003.
10) Article 4 (2) of Commission Regulation (EC) No 1432 / 2003.
11) Articles 15 and 16 of Council Regulation (EC) No 2200 / 96. Article 9 of Commission Regulation (EC) No 1433 / 2003.
12) Article 9 (a) of Commission Regulation (EC) No 1433 / 2003.
13) Article 15 of Commission Regulation (EC) No 1433 / 2003.
14) Act No. 71 / 1967 Coll., on Administrative Procedure (Administrative Order), as amended by Act No. 29 / 2000 Coll., Act No. 227 / 2000 Coll., Act No. 226 / 2002 Coll. and Act No. 309 / 2002 Coll.
15) Articles 18 and 19 of Commission Regulation (EC) No 1433 / 2003.
16) Article 18 of Commission Regulation (EC) No 1433 / 2003.
17) Article 20 of Commission Regulation (EC) No 1433 / 2003.
18) Article 21 of Commission Regulation (EC) No 1433 / 2003.
19) Articles 23 and 24 of Commission Regulation (EC) No 1535 / 2003.
20) Article 25 of Commission Regulation (EC) No 1535 / 2003.
21) Article 7 of Commission Regulation (EC) No 103 / 2004.
22) Articles 6 (2) and 7 (1) of Commission Regulation (EC) No 103 / 2004. Annex II to Council Regulation (EC) No 2200 / 96.
23) Article 10 (1) of Commission Regulation (EC) No 103 / 2004.
24) Commission Regulation (EC) No 103 / 2004.
25) Article 20 (2) of Commission Regulation (EC) No 103 / 2004.
26) Article 9 (6) of Council Regulation (EC) No 2201 / 96.
27) Commission Regulation (EC) No 2201 / 96.
28) Article 5 of Commission Regulation (EC) No 1535 / 2003.
29) Commission Regulation (EC) No 1535 / 2003.
30) Article 14 of Commission Regulation (EC) No 1535 / 2003.
31) Articles 11 and 12 of Commission Regulation (EC) No 1535 / 2003.
32) Article 22 of Commission Regulation (EC) No 1535 / 2003.
33) Article 2 (2) (3) and (15) and Article 16 of Commission Regulation (EC) No 1535 / 2003.
34) Article 4 of Commission Regulation (EC) No 1433 / 2003.
35) For example, Articles 12, 15, 16, 17 and 21 of Commission Regulation (EC) No 1535 / 2003.
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Regulation Information
| Citation | Government Regulation No. 247 / 2004 Coll., on the implementation of certain measures by common organisations of the market in fruit and vegetables and processed fruit and vegetable 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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