Government Decree No. 248 / 2004 Coll.
Government regulation on certain measures to implement the common organisation of the market in flax and hemp grown for fibre
Valid
Regulation
Effective from 01.05.2004
Text versions:
01.05.2004
30.04.2004
248
GOVERNMENT REGULATION
of 21 April 2004
on certain measures for the implementation of the common organisation of the market in flax and hemp grown for fibre
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 certain details of the implementation of the common organisation of the market in flax and hemp grown for fibre, the provisions of which are directly binding in the European Communities (1) (hereinafter referred to as "the European Communities') to order or enable the Member States of the European Union to implement.
Approval of first processors
(1) The first processing 2) shall submit to the State Agricultural Intervention Fund (hereinafter referred to as the Fund) an application for approval in accordance with the provisions of the European Community3) not later than 1 month before the beginning of the marketing year concerned, which shall mean the period from 1 July of the calendar year concerned until 30 June of the following calendar year.
(2) The application for approval of the first processor (2) shall be submitted on the form issued by the Fund.
(3) The first processing 2) shall submit to the Fund, together with the application for approval, a document stating that it is an entrepreneur under a special legislature.4)
Application for processing aid
The application for a subsidy for the processing of flax and hemp straw grown for fibre (hereinafter referred to as "processing aid ') in accordance with the rules of the European Community (5) shall be submitted on the basis of a form issued by the Fund, within a period not exceeding 31 August of the marketing year concerned.
Processing aid for fibres with an impurities content exceeding 7,5%
For the marketing years provided for by the European Communities (6), processing aid shall also be granted for short flax fibre with a content of impurities and shielding between 7,5% and 15% and for hemp fibre with a content of impurities and shielding between 7,5% and 25%.
Documents for stock checks and movements
The following accounting documents shall be used for the purposes of stock control and stock movements under the rules of the European Communities (7):
(a) proof of receipt;
(b) proof of processing;
(c) proof of the issue and loss of straw and fibre,
which are kept in such a way as to enable the quantity of straw and fibre to be determined unambiguously by contract growers.
Information provided by economic operators
The information provided by the authorised first processors) or by a person considered as first processors (8) under the rules of the European Communities (9) shall be submitted to the Fund by 31 August of the marketing year concerned.
Licences for imports of hemp
(1) Licences for imports of hemp from third countries (hereinafter referred to as "imports of hemp") under European Community rules (10) shall be issued by the Fund within a period of 30 days from the date of acceptance of the licence application, provided that the applicant fulfils the conditions laid down in European Community rules (11) and this Regulation.
(2) Licence applications for imports of hemp shall be made on a form issued by the Fund.
(3) The application for a licence for the import of hemp shall be accompanied by a document certifying that he is an entrepreneur under a special legislature.4)
(4) A licence for the import of raw hemp (12) may only be issued to an approved first processor whose approval includes the processing of hemp straw. The application for a licence for the import of raw hemp shall be accompanied by a laboratory analysis of the accredited laboratory, showing a lower than the authorised tetrahydrokanabinol content, of the declaration that the attached analysis expresses the characteristics of the whole quantity imported and the obligation to place raw hemp in an area which is not freely accessible.
(5) Licence applications for imports of hemp seed intended for sowing (13) must be accompanied by proof, in addition to the document referred to in paragraph 3, that it is a variety of hemp for which the tetrahydrokanabinol content does not exceed the authorised quantity. 14)
(6) Licences for imports of hemp seed not intended for sowing (15) (§ 8) can only be issued to approved importers of hemp seed not intended for sowing, in accordance with the provisions of the European Community (15). In addition to the document referred to in paragraph 3, the licence application for the import of hemp seed not intended for sowing shall also include an undertaking by the authorised importer to prove to the Fund within 12 months of the date of issue of the licence that the hemp seed covered by the licence has been handled in the manner and within the time limit laid down by the rules of the European Communities. 16)
(7) The licence for the import of hemp is valid from the date of issue until the end of the third calendar month following the end of the calendar month in which it was issued.
Approval of an importer of hemp seed not intended for sowing
(1) The approval of an importer of hemp seed not intended for sowing (Section 7 (6)) is granted in accordance with the provisions of the European Community (15) at the request of the importer accompanied by evidence that the applicant is engaged in an activity requiring the import of hemp seed and that the conditions of transport and storage and processing do not allow the use of that seed as a narcotic or psychotropic substance. The application for approval of an importer of hemp seed not intended for sowing shall also include a document confirming that the importer is an entrepreneur under a special legislature.4)
(2) The application for approval of an importer of hemp seed not intended for sowing (Section 7 (6)) shall be submitted on the form issued by the Fund.
(3) The Fund shall approve the application referred to in paragraphs 1 and 2 within 2 months of its adoption; the approved application shall be valid for a maximum of 1 year. On request, the approved application referred to in paragraphs 1 and 2 may be extended by 1 year, including repeatedly.
(4) Where it is demonstrated that the commitments in the application for approval referred to in paragraph 1 are not complied with, the Fund shall immediately withdraw the approval from the importer and shall not grant the new approval for at least 2 years.
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 1673 / 2000 of 27 July 2000 on the common organisation of the market in flax and hemp grown for fibre, as amended by Commission Regulation (EC) No 651 / 2002 and Council Regulation (EC) No 393 / 2004. Commission Regulation (EC) No 245 / 2001 of 5 February 2001 laying down detailed rules for the application of Council Regulation (EC) No 1673 / 2000 on the common organisation of the market in flax and hemp grown for fibre, as amended by Commission Regulation (EC) No 1093 / 2001, Commission Regulation (EC) No 2105 / 2001, Commission Regulation (EC) No 52 / 2002, Commission Regulation (EC) No 651 / 2002 and Commission Regulation (EC) No 1401 / 2003. Council Regulation (EC) No 1251 / 1999 of 17 May 1999 establishing an aid scheme for producers of certain arable crops, as amended by Council Regulation (EC) No 2704 / 1999, Council Regulation (EC) No 1672 / 2000 and Council Regulation (EC) No 1038 / 2001.
2) Article 3 of Commission Regulation (EC) No 245 / 2001, as amended by Commission Regulation (EC) No 52 / 2002.
3) Article 1 (2) (b) of Council Regulation (EC) No 1673 / 2000. Article 3 of Commission Regulation (EC) No 245 / 2001, as amended by Commission Regulation (EC) No 52 / 2002.
4) Section 2 of the Commercial Code.
5) Article 9 of Commission Regulation (EC) No 245 / 2001. Article 2 of Council Regulation (EC) No 1673 / 2000.
6) Article 2 (3) (b) of Council Regulation (EC) No 1673 / 2000, as amended by Council Regulation (EC) No 393 / 2004.
7) Articles 3 (2), 3 (4) (c) (iii), 3 (5), 4 (c) and 6 (2) of Commission Regulation (EC) No 245 / 2001, as amended by Commission Regulation (EC) No 1093 / 2001 and as amended by Commission Regulation (EC) No 52 / 2002.
8) Article 2 of Commission Regulation (EC) No 245 / 2001.
9) Article 1 (2) (b) of Council Regulation (EC) No 1673 / 2000. Article 6 (1) of Commission Regulation (EC) No 245 / 2001.
10) Article 5 (2) of Council Regulation (EC) No 1673 / 2001. Article 17a of Commission Regulation (EC) No 245 / 2001, as amended by Commission Regulation (EC) No 1093 / 2001 and Commission Regulation (EC) No 52 / 2002. Commission Regulation (EC) No 1291 / 2000 laying down common detailed rules for the application of the system of import and export licences and advance fixing certificates for agricultural products, as amended by Commission Regulation (EC) No 2299 / 2001 and Commission Regulation (EC) No 325 / 2003.
11) Article 5 (2) of Council Regulation (EC) No 1673 / 2000.
12) Article 5 (2), indent, first Council Regulation (EC) No 1673 / 2000.
13) Article 5 (2), indent, second Council Regulation (EC) No 1673 / 2000.
14) Article 5a of Council Regulation (EC) No 1251 / 1999, as amended by Council Regulation (EC) No 1672 / 2000.
15) Article 5 (2), indent, third Council Regulation (EC) No 1673 / 2000.
16) Article 17a (2) of Commission Regulation (EC) No 245 / 2001, as amended by Commission Regulation (EC) No 1093 / 2001 and Commission Regulation (EC) No 52 / 2002.
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Regulation Information
| Citation | Government Regulation No. 248 / 2004 Coll., on certain measures to implement the common organisation of the market in flax and hemp grown for fibre |
|---|---|
| Regulation Type | Regulation |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 30.04.2004 |
|---|---|
| Effective from | 01.05.2004 |
| Effective until | - |
| Status | Valid |
Legal Areas:
Administrative law
Agriculture
The regulation text is for informational purposes only.
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