What is Act No. 256 / 2000 Coll.?

Act No. 256 / 2000 Coll., on the State Agricultural Intervention Fund and amending certain other laws (Act on the State Agricultural Intervention Fund) — Act on the State Agricultural Intervention Fund and amending certain other laws (Act on the State Agricultural Intervention Fund).

When it became Act No. 256 / 2000 Coll. effectiveness?

Act No. 256 / 2000 Coll. became effective 11.08.2000.

Is Act No. 256 / 2000 Coll. still valid?

Yes, Act No. 256 / 2000 Coll. is still valid and effective.

How many times was it Act No. 256 / 2000 Coll. amended?

Act No. 256 / 2000 Coll. has 35 time versions of the text.

Act No. 256 / 2000 Coll. - Act on the State Agricultural Interventi...

256

THE LAW

of 14 July 2000

on the State Agricultural Intervention Fund and amending certain other laws (Law on the State Agricultural Intervention Fund)

Parliament has decided on this law of the Czech Republic:

ČÁST PRVNÍ

STATE AGRICULTURAL INTERVENTION FUND

§ 1

(1) A State Agricultural Intervention Fund (hereinafter referred to as the Fund) is hereby established. The fund is a legal person based in Prague. The Fund is an administrative authority and falls under the responsibility of the Ministry of Agriculture (hereinafter referred to as "the Ministry ') .1.

(2) The Fund, in accordance with the laws, regulations and international treaties by which the Czech Republic is bound,

(a) decide on the granting of the subsidy and monitor compliance with the conditions for granting the subsidy;

(b) carry out intervention purchases of agricultural products and foodstuffs and ensure storage and, where appropriate, processing of such agricultural products and foodstuffs;

(c) sells or otherwise transfers agricultural products and foodstuffs, or products resulting from the processing of agricultural products or foodstuffs purchased from intervention;

(d) implement government-approved programmes aimed at non-food use and processing of agricultural products;

(h) decide on the granting of licences for the import and export of agricultural products and foodstuffs and check compliance with the conditions for the granting of licences;

(i) carry out activities related to the guarantee scheme for agricultural products and foodstuffs, 3)

(k) carry out further measures and interventions (hereinafter referred to as "measures") under Article 2a of the Agriculture Act;

(l) implement, pursuant to Article 2c of the Agriculture Act, the Rural Development Programme in accordance with the directly applicable regulation of the European Union governing support for rural development by the European Agricultural Fund for Rural Development (EAFRD) (hereinafter referred to as the Rural Development Programme) and the Strategic Plan of the Common Agricultural Policy of the European Union in the Czech Republic pursuant to the directly applicable European Union48 (hereinafter referred to as the Strategic Plan),

(m) carry out activities related to the system of approval, registration, registration or recognition of producers of agricultural products or foodstuffs under the relevant European Union legislation in the field of common market organisations and structural measures;

(n) carry out activities related to the system of approval, registration, registration or recognition of producer organisations of agricultural products or foodstuffs, including international, inter-branch organisations and agreements of producers of agricultural products or foodstuffs, in accordance with the relevant European Union legislation;

(q) carry out activities related to the acquisition, processing and transmission of price and market information, including the registration of contracts, in accordance with relevant European Union legislation;

(r) carry out activities relating to the representative selection of agricultural products or foodstuffs, with the establishment of national reference and reference quantities of agricultural products or foodstuffs, with a representative selection of areas for the cultivation of agricultural products or the production of foodstuffs, where appropriate, with a representative selection of markets and market days, producers of agricultural products or foodstuffs in accordance with relevant European Union legislation in the field of common market organisations and structural measures;

(s) supervise the fulfilment of obligations arising for natural and legal persons under the directly applicable European Union law;

(u) implement the measures of common market organisations under specific legislation;

(v) promote the marketing of agricultural products and foodstuffs;

(w) carry out the activities of the intermediate body in accordance with directly applicable European Union rules governing the Structural Funds or the European Fisheries Fund11), the European Maritime and Fisheries Fund and the European Maritime, Fisheries and Aquaculture Fund49) under Section 2ca of the Agriculture Act;

x) updates land use records according to user relations under the Agriculture Act;

z) decides on the granting of the subsidy and controls compliance with the conditions for granting the subsidy under Section 2d of the Agricultural Act financed exclusively from national sources; and

(aa) carry out activities relating to the recognition of the status of the family farm and the status of member of the family farm, with entries in the register of the family farm, updating that register, withdrawing the status of the family farm and the status of member of the family farm and the deletion of the family farm and member of the family farm from the register of the family farm under the Agricultural Act.

(3) The conditions for the implementation of the Fund's activities referred to in paragraph 2 may be adapted by the Government by Regulation (12).

(4) Natural and legal persons shall submit to the Fund applications, declarations of honour and information resulting from the Fund's competence under paragraph 2 on forms issued by the Fund.

§ 4

Obligations of the Fund

(1) The Fund shall:

(a) submit to the Government, through the Ministry, the budget of the Fund for the relevant calendar year at the specified dates;

(b) submit to the Government, through the Ministry, the annual activity reports of the Fund and the financial statements drawn up at the balance sheet date, including an overview of the claims and commitments, as verified by the auditor;

(c) submit to the Ministry or Government, at the request of the Ministry or Government, a sub-report on the activities of the Fund and to the Ministry inventories of persons who are not duly compensated for their commitments to the Fund, including the type and amount of their commitment.

(2) The Fund is required to submit to the competent authorities of the European Union, within the framework of the implementation of the activities referred to in Article 1 (2), the reports and financial statements provided for in the relevant European Union legislation, at the specified dates.

(3) The Fund shall keep accounts under the Accounting Act.

§ 6

Subsidy from the Fund from the State Budget

The Chamber of Deputies approves at the same time as the draft state budget of the Czech Republic

(a) the grant of the Fund from the State Budget intended to carry out the activities referred to in Article 1 (2);

(b) the grant of the Fund from the State budget intended to cover the administrative expenditure of the Fund.

§ 6a

Financial resources of the Fund

(1) The financial resources of the Fund are:

(a) grants from the State budget earmarked for the implementation of the activities referred to in Article 1 (2) granted for pre-financing expenditure to be covered by the budget of the European Union other than the national funding43);

(b) grants from the state budget earmarked for the implementation of the activities referred to in Article 1 (2), granted as other funding43);

(c) grants from the State budget intended to cover the administrative expenditure of the Fund and the costs associated with the recovery of the funds provided by the Fund to be repaid to the Fund, at the rate laid down in the specific legislation;

(d) revenue from the sale of agricultural products and foodstuffs purchased by the Fund;

(e) aid granted by the European Union or another foreign body;

(f) loans granted to the Fund for the implementation of the activities referred to in Article 1 (2), interest on the Fund's deposits, securities income and fines with a levy on the European Union;

(g) resources from the National Fund13),

(h) the funds provided by the Ministry of Finance to carry out the activities referred to in Article 1 (2);

(i) contractual fines, fines, order fines, administrative charges, reimbursement of costs, claims and other revenue;

(j) refunds and periodic penalty payments.

(2) The Fund shall keep in three separate accounts the financial resources referred to in paragraph 1:

(a) points (a), (b), (d), (f), (h) and (j);

(b) points (c) and (i); and

(c) points (e) and (g).

(3) In addition to the financial resources from the State budget, which are intended to carry out the activities referred to in Article 1 (2), revenue from the sale of agricultural products and foodstuffs bought in under paragraph 1 (d) may be used for this purpose, loans, interest on the contributions of the Fund, securities income and fines with a levy on the European Union pursuant to paragraph 1 (f), funds granted by the Ministry of Finance pursuant to paragraph 1 (h) and subsidies and periodic payments reimbursed under paragraph 1 (j).

(4) In addition to the financial resources from the State budget, which are intended to cover the administrative expenditure of the Fund and the costs related to the recovery of the funds provided by the Fund to be recovered, at the rate laid down in the specific legislation referred to in paragraph 1 (c), revenue from contractual fines, fines, order fines, administrative fees, reimbursement of management costs, claims and other revenue referred to in paragraph 1 (i) may be used for this purpose.

(5) Unspent financial resources referred to in points (a), (b), (d), (f), (h) and (j) of paragraph 1 shall be transferred to the following calendar year to carry out the activities referred to in paragraph 1 (2) and the unspent financial resources referred to in paragraph 1 (c), (e) and (i) shall be transferred to the following calendar year to cover the administrative expenditure of the Fund.

(6) Only the financial resources referred to in paragraph 1 (c) and (i) may be used to cover the administrative expenditure of the Fund. The Fund may, after prior approval of the Ministry of Finance, set up an account with a bank or branch of a foreign bank in excess of the accounts of the Czech National Bank in accordance with paragraph 2, or accounts where part of the financial resources referred to in paragraph 1 (c) will be held and from which expenditure related to the work through payment cards may be effected on business trips. Other expenses may be incurred by means of payment cards, the reimbursement of which cannot be otherwise made.

(7) The Fund may use a loan with the consent of the Ministry to bridge the period between the implementation of the expenditure relating to the implementation of the activities referred to in Article 1 (2) and their reimbursement from the budget of the European Union.

§ 6b

Management of the Fund

(1) The Fund is responsible for the management of the property of the Czech Republic under special legislation. 14)

(2) The Fund regularly checks the stocks of agricultural products and foodstuffs purchased by it. The management of the fund's assets shall be decided by the Director-General of the Fund in accordance with the Fund's Statute.

(3) The Fund may acquire only securities issued by the State or securities guaranteed by the State for the repayment of which the State has guaranteed, except where the Fund receives securities by transfer exclusively from the organisational units of the State and the state organisations responsible for the management of the State's property (14) and from public limited liability companies whose shareholder is the Czech Republic.

(4) In carrying out the activities referred to in Article 1 (2), the Fund shall ensure the separate validation of payments, the implementation of payments and the accounting of payments under a specific legislation. 15)

(5) In carrying out the activities referred to in Article 1 (2), the Fund shall make all payments by bank transfer without cash to the applicant's account.

§ 6c

Budget of the Fund

The Fund shall draw up a draft budget for each financial year on the basis of the amounts notified by the Ministry under the Budget Rule Act (44) and submit it to the Government via the Ministry. The Government shall submit a draft budget of the Fund following any changes made to it, together with a draft state budget for the same year for approval by the Chamber of Deputies.

§ 7

Institutions of the Fund

(1) The institutions of the Fund shall constitute the Director-General of the Fund (hereinafter referred to as the Director-General) and the Supervisory Board of the Fund (hereinafter referred to as the Supervisory Board).

(2) Details of the activities of the Fund, the organisation of the Fund and its synergies with the Ministry provide for the Statute of the Fund, approved by the Minister for Agriculture. The organisation of the Fund shall be based on relevant European Union legislation. 15)

(3) The members of the Supervisory Board, the Director-General and the staff of the Fund and the persons referred to in Article 12a (5) are required to remain silent on the facts which they have learned in connection with their activities in the Fund; This is without prejudice to the Fund's obligation to provide third parties with information on who, to what extent and for what purpose the aid has been granted.

(4) The Fund is required to require that a person who has infringed the obligation under paragraph 3 issue an asset benefit obtained by such action or transfer the corresponding rights to the Fund. This is without prejudice to the Fund's right to compensation.

(5) The members of the Supervisory Board who are not members of this body in their capacity as public authorities or legislative bodies are entitled to reimbursement of travel expenses related to the performance of their duties to the same extent as staff. 17)

(6) The salary of staff members of the Fund is governed by a special legislation. 18)

§ 9

The Director-General and his representative

(1) The Director-General shall be the statutory body of the Fund. The Director-General shall direct the activities of the Fund and take decisions on all matters not covered by the Supervisory Board.

(2) The function of Director-General is incompatible with membership of the Supervisory Board.

(3) The selection, appointment and removal of the Director-General are governed by the Civil Service Act and the provisions of the Civil Service Act on the selection, appointment and removal of the Head of Staff in another administrative office apply mutatis mutandis.

(4) The Director-General shall represent and act on behalf of the Fund.

(5) The Director-General shall appoint and remove a representative who shall represent him in full in the management of the Fund during his absence. Where the Director-General of the Fund is withdrawn or renounced, his / her duties shall be exercised in full by his / her representative, pending the appointment of the new Director-General of the Fund.

§ 9a

Scope of the Ministry

The Ministry is responsible for:

(a) to decide on an appeal against a decision of the Fund, unless otherwise provided for in that law;

(b) approve the draft budget of the Fund and submit it to the Government;

(c) approve the amount of the credit pursuant to § 6a (7);

(d) to decide on the remission or partial remission of the obligation to pay periodic penalty payments on exceptional and special account grounds, unless otherwise provided in the specific legislation;

(e) control the management of the Fund and the management of public financial support in accordance with the Financial Control Act (19);

(f) carry out verification of the Fund's internal management and control system under the Financial Controlle19).

§ 10

Supervisory Board

(1) The Supervisory Board is the control body of the Fund. The Supervisory Board shall monitor the operation and management of the Fund and its bodies. Supervisory Board in its activities

(a) control the implementation of the Fund's mission and supervise the Fund's management;

(b) approve the accounts drawn up on the balance sheet date and submit its observations on the draft budget of the Fund and on the annual report of the Fund.

(2) The Supervisory Board is five members. The Chairman of the Supervisory Board shall be a Member, the Vice-Chair of the Supervisory Board shall be a Senator. The Chairman of the Supervisory Board and 3 other members of the Supervisory Board are elected and dismissed by the Chamber of Deputies of the Parliament of the Czech Republic. The Vice-Chairman of the Supervisory Board shall elect and dismiss the Senate of the Parliament of the Czech Republic. The remuneration associated with the performance of the duties of a member of the Supervisory Board shall be determined by the Statute of the Fund.

(3) The term of office of the members of the Supervisory Board shall be four years. On expiry of their term of office, the members of the Supervisory Board shall hold office on the Supervisory Board until their successor is elected. If, during the term of office of the Supervisory Board, the Chair of the Supervisory Board ceases to have a seat as a Member or Vice-Chair of the Supervisory Board as a Senator, he shall hold office on the Supervisory Board until his successor is elected.

(4) The members of the Supervisory Board may not be members of the staff of the Fund.

(5) The meetings of the Supervisory Board shall be convened and managed by its chairman or vice-chairman. The Supervisory Board shall be qualified to take a decision if an absolute majority of its members, including the Chairman or Vice-Chairman of the Supervisory Board, participate in its deliberations. The decision of the Supervisory Board shall require the consent of an absolute majority of the members. The Chairman or Vice-Chair of the Supervisory Board shall, within 14 days of receipt of the request, convene the Supervisory Board if at least three members of the Supervisory Board so request.

§ 11

Subsidy

(1) The Fund provides subsidies in accordance with this Act, the Agriculture Act, the Government Regulations issued for their implementation, pursuant to the directly applicable European Union rules governing the financing of the common agricultural policy21) and the rules issued by the Ministry for their implementation.

(2) In deciding on the granting of subsidies, the Fund shall have the status of a public authority.

(3) The subsidy for a measure involving the preparation and submission of a project by an applicant for a subsidy is granted by the Fund on the basis of a grant agreement which includes:

(a) identification details of the applicant;

(b) identification details of the Fund;

(c) the amount provided;

(d) the purpose for which the amount provided is intended;

(e) the period within which the intended purpose is to be achieved;

(f) other conditions to be met by the beneficiary in connection with the use of the subsidy;

(g) the date of conclusion of the agreement.

(4) There is no legal entitlement to conclude the grant agreement referred to in paragraph 3. If, before the date of conclusion of the agreement referred to in paragraph 3, the Fund does not comply with the grant applications, it shall inform the applicant in writing and without undue delay of the reasons for the non-compliance. There is no appeal against this communication. Retrial is not permitted. The review procedure shall not be allowed, except in accordance with the procedure laid down in Paragraph 153 (1) (a) of the Administrative Regulation. In the event that this Communication from the Fund would be contrary to the conditions under which the subsidy is granted, the Ministry shall revoke it by way of a resolution. The provisions of the Administrative Regulation on review procedures shall apply mutatis mutandis to the procedure of the Ministry when issuing the order under the previous sentence.

(5) Both the Fund and the beneficiary are obliged to keep documents proving the grant and use of the subsidy for a period of 10 years or in accordance with the directly applicable European Union Regulation. In cases of subsidies conditional on the acceptance by the applicant of the multiannual terms and conditions for the subsidy, this period shall run from the end of the multiannual terms and conditions.

(6) The Information System of the Fund as a paying agency under the directly applicable European Union15) is a public administration information system and its administrator is the Fund. The information system of the Fund shall be used for the information security of activities and processes related primarily to:

(a) by approving and checking the correctness of payment of subsidies;

(b) the implementation of subsidy payments;

(c) accounting for subsidy payments,

(d) by service of applications for grants or applications for inclusion in the measure; and

(e) service of decisions in the award procedure or in the procedure for inclusion in the measure, payment applications, change reports, preliminary results of administrative checks, information and preliminary results within the framework of the area monitoring system and other similar documents in the framework of the implementation of the activities referred to in Article 1 (2).

(7) The application for grant and further submissions made through the Fund's information system does not require the signature of a recognised electronic signature.

(8) The document referred to in paragraph 6 (e) shall be deemed to have been delivered at the time when the applicant or the person authorised by him enters the FUND information system and has access to the document in respect of the scope of his authorisation within the information system. If, within 10 days of the date on which the document was entered into the information system of the Fund, the applicant or the authorised person has not entered the information system, that document shall be deemed to have been delivered on the last day of that period; This does not apply if other legislation excludes replacement delivery. If the end of this period is Saturday, Sunday or public holiday, the document shall be deemed to have been delivered on the next working day.

§ 11a

Repayment of subsidies and periodic penalty payments

(1) In the event of undue payment of the subsidy covered in whole or in part by the European Union budget, the Fund shall act in accordance with the directly applicable provisions of the European Union22) and this Act. Recovery proceedings shall be initiated by the Fund no later than 10 years after the date of payment.

(2) In the case of undue payment of the subsidy provided exclusively from national sources, the Fund shall act under this law. Recovery proceedings shall be initiated by the Fund no later than 10 years after the date of payment.

(3) The deadline for the repayment of the subsidy is 60 days from the receipt of the Fund's decision to the beneficiary.

(4) In the event that the beneficiary fails to comply with the deadline set for its recovery, the beneficiary shall be obliged to pay a penalty payment of 1 ° daily from the amount of the grant which he is obliged to repay up to a maximum of this amount (23). The Fund shall initiate the procedure for the obligations referred to in the preceding sentence within 4 years of the date of repayment of the undue payment of the subsidy or its offsetting pursuant to paragraph 10, but not later than 4 years after the date on which the penalty payment reached the amount of the subsidy which the beneficiary is obliged to repay. In the event of the conclusion of a repayment agreement, the Fund shall negotiate interest on late payments with the beneficiary and other conditions under special legislation14); no periodic penalty payment shall be charged to the beneficiary for the duration of the repayment agreement.

(5) In the case of undue payment of the subsidy referred to in paragraph 1, the Fund shall not initiate recovery proceedings if the amount of the subsidy which the beneficiary of the subsidy is obliged to pay to the Fund does not exceed CZK 2,500 individually or if the amount of the penalty payment which the beneficiary of the grant is obliged to pay to the Fund does not exceed CZK 1 000 individually.

(6) In the case of undue payment of the subsidy granted exclusively from national sources, the Fund shall not initiate recovery proceedings if the amount of the subsidy which the beneficiary of the subsidy is obliged to pay to the Fund does not exceed CZK 2,500 individually or if the amount of the penalty payment which the beneficiary of the grant is obliged to pay to the Fund does not exceed CZK 1 000 individually.

(7) The recovery procedure referred to in paragraphs 1 and 2 and the penalty payment procedure referred to in paragraph 4 shall be terminated by decision of the Fund; the repayment of the subsidy and the payment of the penalty shall be enforced by the Fund.

(8) In the case of unauthorised use or retention of funds from subsidies which are covered in whole or in part by funds received from the National Fund and for the detention of such funds to be recovered on settlement, paragraphs 1 to 7 shall not apply. The tax authorities are responsible for the administration of the levy on breaches of budgetary discipline under the Budget Rules Act (25).

(9) In deciding on the reimbursement of the subsidy and on the obligation to pay the periodic penalty payments referred to in paragraphs 1 to 7, the Fund shall have the status of a public authority; the budgetary rules law shall not apply.

(10) If the beneficiary fails to comply with the obligation to repay the undue payment of the subsidy referred to in paragraphs 1 and 2 or the obligation to pay the periodic penalty payment referred to in paragraph 4, the Fund shall include the undue payment of the subsidy and the periodic penalty payment into the grant for which it has complied.

§ 11b

Single application

(1) A single application for grants financed at least partly by the budget of the European Union (the single application) includes direct support and certain rural development subsidies for collective actions of a specific character.

(2) A single application, its annex and amendments and, where appropriate, any other related document may be made only through the FUND information system referred to in Article 11 (6); where otherwise submitted, the FUND does not take account of them.

(3) The content of the single application shall be adjusted according to the individual type of subsidy by means of an implementing act issued pursuant to Paragraph 1 (3), which also provides for its Annex, which the applicant is obliged to attach to the single application and, where appropriate, another related document.

(4) The Government, by means of the regulation referred to in Article 1 (3), shall set a deadline for the submission of a single application, which shall also apply to its Annex, which is an integral part of it, and a deadline for the other related document. The applicant may submit only one single application for the calendar year concerned.

(5) The submission of a single application after the expiry of the time limit set in accordance with paragraph 4 shall result in a reduction of 1% per working day of the amounts to which the applicant would have been entitled if the application had been lodged within the time limit set. If the delay of the application exceeds 25 calendar days, the Fund shall stop the application procedure.

(6) The applicant is required to indicate in the single application all parts of the soil blocks used by it.

§ 11c

Amendments and disposition of the single application

(1) Following the submission of a single application from the Fund, the applicant may add a new part of the soil block or a new livestock or holding to the single application only until the deadline set in accordance with Article 11b (4), with Article 11b (5) applying mutatis mutandis.

(2) The applicant may amend or withdraw the single application in part or in full no later than 15 days after receipt of the preliminary results of the administrative control or preliminary results of the check by means of the area monitoring system referred to in Article 11 (6) (e), except in the case referred to in paragraph 3.

(3) Where the Fund has notified the applicant of its intention to carry out an on-the-spot check and that check reveals an irregularity, the single application may not be amended or withdrawn in respect of those parts of the single application concerned.

§ 11d

Removal of defects in the single application and supporting documentation

(1) The Fund does not invite applicants to provide additional evidence of the annex to the single application, which is an integral part of the single application and which is included in the implementing legislation issued pursuant to Article 1 (3). If the applicant fails to deliver the annex by the deadline set in Article 11b (5), the Fund shall suspend the application procedure for the measure. In the event that the applicant does not deliver an annex which relates solely to the part of the subsidy requested by the deadline referred to in Article 11b (5), the Fund shall reduce the grant under the implementing legislation referred to in Article 1 (3) or not provide for the part concerned.

(2) The Fund does not invite applicants to provide additional evidence of the additional related document to the single application referred to in the implementing legislation issued pursuant to Article 1 (3).

§ 11e

Service of decisions and other documents by the Fund

(1) The Fund shall service the document electronically.

(2) The Fund shall service the document electronically in accordance with another legislature50 to the person with a data box made available; in other cases, service the document via the FUND information system, in which case Article 11 (8) applies to service.

§ 11f

Party to the proceedings and conduct of proceedings

(1) Only the applicant for the subsidy is a party to the award procedure on the basis of a single application.

(2) In the procedure for granting the subsidy following a single application:

(a) it does not give the party concerned the opportunity to comment on the grounds of the decision;

(b) the party to the proceedings shall not make known any evidence other than oral proceedings;

(c) does not record in the file a record of the proof being made by a document; or

(d) not issue a resolution in the course of carrying out the evidence by examining the case on the spot.

§ 11g

Amendment of the applicant

(1) If, after a single application has been submitted, the applicant transfers or smuggles the farm or its branch or part of the plant (hereinafter referred to as "transfer ') before all the conditions for granting the subsidy have been fulfilled, the subsidy shall be granted to the transferee if:

(a) the transferee notifies the transfer of the Fund on its own form and requests payment of the subsidy;

(b) the transferee undertakes to comply with the conditions of the aid, including cross-compliance rules, and to take over the multiannual conditions for which the transferor has undertaken to comply;

(c) the transferee provides relevant documents proving the transfer; and

(d) the agricultural establishment transferred or its branch or part of the establishment fulfils all the conditions for granting the subsidy.

(2) All rights and obligations in connection with the single application are transferred to the transferee.

(3) If the subsidy is granted to the acquirer, the grant cannot be granted to the transferor.

§ 11h

Time limit for decision

The grant decision shall be issued by the Fund within 30 days of verification of compliance with the conditions for granting the subsidy.

§ 11i

Higher power and exceptional circumstances

(1) If the non-compliance with the grant conditions laid down in the implementing legislation issued pursuant to Article 1 (3) is due to force majeure or exceptional circumstances under the directly applicable European Union law, the applicant shall not lose entitlement to the subsidy if it was possible to grant it at a time when the force majeure or exceptional circumstances had not occurred.

(2) Where force majeure or exceptional circumstances affect cross compliance under the Agriculture Act, an appropriate penalty may not be imposed under the directly applicable European Union provisions.

(3) A case of force majeure or exceptional circumstances shall be notified by the applicant to the Fund through the Fund's information system, together with evidence of the case, within 15 days of the date on which it was able to do so.

(4) The Fund shall not take into account the notification of a case of force majeure or exceptional circumstances where such notification is made by the applicant only after the Fund has informed him of the irregularity in the single application or has already notified the applicant of its intention to carry out an on-the-spot check and that check reveals the irregularity.

§ 11ia

Business groupings

(1) Where an applicant for a subsidy participates in a business group51), the single application shall include the information necessary to identify the business group51).

(2) The Fund shall verify the veracity and completeness of the information referred to in the single application referred to in paragraph 1 using available resources, in the event of doubts as to the accuracy or completeness of the information provided in the single application under the administrative rules.

§ 11ib

Unwarranted advantage

(1) The Fund, in the single application procedure and the decision-making procedure, shall proceed in such a way that none of the advantages provided for in European Union law or in specific legislation are granted to such a person who finds that the conditions necessary for the acquisition of such benefits have been created by art 52) contrary to those provisions for the purpose of obtaining such advantages ("undue advantage").

Citation	Act No. 256 / 2000 Coll., on the State Agricultural Intervention Fund and amending certain other laws (Act on the State Agricultural Intervention Fund)
Regulation Type	Law
Author	-
Collection	Code of Laws

Date of Promulgation	11.08.2000
Effective from	11.08.2000
Effective until	-
Status	Valid

Act No. 256 / 2000 Coll.

Act on the State Agricultural Intervention Fund and amending certain other laws (Act on the State Agricultural Intervention Fund)

Contents