Government Decree No. 258 / 2005 Coll.
Government Regulation amending 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, as amended by Government Regulation No 517 / 2004 Coll.
Valid
Regulation
Effective from 27.06.2005
Text versions:
27.06.2005
258
GOVERNMENT REGULATION
of 15 June 2005
amending 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, as amended by Government Regulation No 517 / 2004 Coll.
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) 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.:
Government Regulation No 244 / 2004 Coll., laying down closer conditions for the application of the levy in the milk and milk products sector to the common organisation of the market in milk and milk products, as amended by Government Regulation No 517 / 2004 Coll., is hereby amended as follows:
1. Paragraph 5, including the title and footnotes No 10 to 10e, reads:
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) proof that the applicant is an entrepreneur under the Commercial Code;
(b) a declaration by the applicant that each delivery of milk will be marked with a document enabling the identification of milk10b);
(c) the declaration of the applicant to carry out the activities relating to the collection of the levy and the keeping of records provided for by European Community10c);
(d) a declaration by the applicant that all milk will be delivered exclusively to undertakings, establishments or other establishments where the 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 of milk in laboratories approved under the specific legislation10d).
(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).
(6) The Fund shall withdraw the approval of the buyer in cases provided for by European Community rules (10e), repeated infringement of the customer declaration referred to in paragraph 2 (b), (c) or (d), repeated infringement of the conditions referred to in paragraph 3 or 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.
10) Article 23 of Commission Regulation (EC) No 595 / 2004.
10a) Article 5 (e) of Council Regulation (EC) No 1788 / 2003.
10b) Article 24 (4) of Commission Regulation (EC) No 595 / 2004.
10c) Article 11 (1) of Council Regulation (EC) No 1788 / 2003. Article 23 (2) (c) of Commission Regulation (EC) No 595 / 2004. Article 24 (2) and (3) of Commission Regulation (EC) No 595 / 2004.
10d) Act No. 166 / 1999 Coll.
10e) Article 23 (3) of Commission Regulation (EC) No 595 / 2004. '
2. In Paragraph 6 (3), the word "twice 'is replaced by" once' and the words "and 1 October 'are deleted.
3. In Article 6 (4), the word "(electronically) 'is deleted.
4. The following Section 6a is inserted after Section 6, including footnote 10f:
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.
10f) Article 1 (1) of Council Regulation (EC) No 1788 / 2003. "
5. In the first sentence of Paragraph 7 (1), the words "to be served 'are replaced by the words" to be served'.
6. In Article 7 (2), the words "if producers require (2) the allocation of a new individual reference quantity of milk for deliveries' shall be added at the end of the text in point (a).
7. In Article 7 (2), the words' shall be added at the end of the text in point (c); in the case of applications for the allocation of a new individual reference quantity of milk for direct sale in the 12-month period 2005 / 200610f, proof of approval and registration of the establishment in which the animal products are treated shall be notified to the Fund at the latest on the date of the start of direct sale of the milk '.
8. in Paragraph 7 (2) (e), "or" is replaced by "a."
9. Paragraph 7 (3) is deleted.
Paragraphs 4 and 5 shall be renumbered paragraphs 3 and 4.
10. In the second sentence of Article 7 (3), "at least 'is replaced by" more than'.
11. in Article 7, the following paragraphs 4 to 6 are inserted after paragraph 3:
"(4) 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 increasing existing individual reference quantities of milk for deliveries (Section 6 (4) and the sum of all claims by applicants for the increase of existing individual reference quantities of milk for deliveries and applicants for the allocation of new individual reference quantities of milk for deliveries.
(5
(6) Producers of m2) preparing to restart production under European Community12), 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 be at least 60 days before the start of production but no later than 31 January of the calendar year concerned. ';
Paragraph 4 shall become paragraph 7.
12. The following Section 7a is inserted after Section 7, including footnote 12a:
(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 (5).
(4) Unless otherwise provided, Article 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 August 2005, with the exception of Article 7 (2) (e).
(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.
12a) Article 40 of Council Regulation (EC) No 1782 / 2003 of 29 September 2003 establishing common rules for direct support schemes under the common agricultural policy and establishing certain support schemes for farmers and amending Regulations (EEC) No 2019 / 93, (EC) No 1452 / 2001, (EC) No 1453 / 2001, (EC) No 1454 / 2001, (EC) No 1868 / 94, (EC) No 1251 / 1999, (EC) No 1254 / 1999, (EC) No 1673 / 2000, (EEC) No 2358 / 71 and (EC) No 2529 / 2001, as amended. '
13. In Article 8, at the end of paragraph 1, the sentence "The reduction of the individual reference quantity of milk shall not be made for producers (2), which have been allocated a new individual reference quantity of milk (13a) in the relevant 12-month period, and for producers (2), which has restarted milk production in the relevant 12-month period. '
Footnote 13a reads:
"13a) Article 15 (2) of Council Regulation (EC) No 1788 / 2003."
14. In Paragraph 8, the words "; the producer fund (2), which is the acquirer of the individual reference quantity of milk or part thereof, shall be inserted at the end of the text of paragraph 2 without delay '.
15. in Article 8, the dot is replaced by a comma at the end of paragraph 3 and the following point (e) is added:
"(e) donating a reference quantity of milk between relatives in a direct line."
16. in Article 8 (5), the word 'is replaced by' the Fund ';
17. in the first sentence of Article 9 (2), the words "transfer or transfer" shall be replaced by the words "transfer or transfer certificate" and in the second sentence the words "without undue delay" shall be deleted.
18. In the first sentence of Paragraph 10 (2), "once 'is replaced by" twice' and the second sentence is deleted.
19. In Article 10, at the end of the text of paragraph 4, the words "and inform the applicant without delay of the amendment referred to in paragraph 1 'shall be added.
20. At the end of § 11, the words "both paper and electronic 'are added.
21. In Paragraph 12 (1), the word "communicate" shall be replaced by the word "decide," the words "all producers of m2) who have exceeded" shall be replaced by the words "whether the producer has exceeded" and the words "to their respective customers" shall be replaced by the words "inform their respective customers without delay."
22. in Paragraph 12 (2), the words "paragraph 1" shall be replaced by the words "similar to the levy for exceeding the reference quantity of milk referred to in paragraph 1, but not taking into account the reference content of fat (8) in the milk and milk productssold 21a)."
Footnote 21a reads as follows:
"(21a) Article 12 (3) of Council Regulation (EC) No 1788 / 2003."
23. In Article 13 (1), the words ", the buyer shall also submit to the Fund a list 22) of the processing undertakings involved in the treatment and processing of the milk delivered by it, including the quantity of milk supplied to them ', the word', where appropriate 'shall be replaced by the word' and 'and' (electronically) 'shall be deleted.
24. In the first sentence of Article 13 (2), the words "for deliveries broken down by customer, including the quantities of milk supplied to them, and information22) for the performance of the individual reference quantity 'and the words" (electronically)' are deleted.
25. In Article 13, the following paragraph 3 is added:
"(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 enabling remote access the fulfilment of the national reference quantity of milk for deliveries and direct sales in the relevant calendar month at the latest by the end of the following calendar month. ';
26. in Paragraph 14 (1), the words "period from 1 April of the relevant calendar year 23)" shall be replaced by "period 10f) and footnote 23 shall be deleted;
27. After Paragraph 14, the following Section 14a is inserted:
Common provision
The Fund shall apply mathematical rounding to 2 decimal places when calculating the figures under this Regulation. ';
28. Annex 3 shall be deleted;
29. In Annex 4, column 1, the word "submission 'is replaced by the word" delivery'.
30. In Annex 4, in the explanatory note, the words "on the basis of the share of the reserved part of the reserve and the sum of all claims requested by individual applicants under column 4 'are replaced by the words" pursuant to Paragraph 7 (4)'.
Transitional provisions
1. Legal relationships arising before the date of entry into force of this Regulation and the rights and obligations arising therefrom shall be assessed in accordance with existing legislation.
2. Decisions on the approval of customers issued under existing legislation which have not been repealed by decisions on the approval of customers issued following an application for approval pursuant to Article 5 of Government Regulation No 244 / 2004 Coll., as effective from the date of entry into force of this Regulation, and received by the Fund no later than 30 days after the date of entry into force of this Regulation shall expire on 31 October 2005.
3. The Fund shall, no later than 10 days after the date of entry into force of this Regulation, publish in a way that allows remote access the information on the reserved part of the reserve it uses to allocate a new individual reference quantity of milk for direct sales and to increase the existing individual reference quantity of milk for deliveries and direct sales on 1 August 2005.
4. The producer's application for the allocation of a new individual reference quantity of milk for direct sales or for an increase in the existing individual reference quantity for deliveries and, where appropriate, for direct sales on 1 August 2005 shall be notified to the Fund no later than 20 days after the entry into force of this Regulation.
Efficacy
This Regulation shall enter into force on the day of its publication.
Prime Minister:
Ing. Paroubek v. r.
Minister for Agriculture:
Ing. Zgarba v. r.
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Regulation Information
| Citation | Government Regulation No 258 / 2005 Coll., amending 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, as amended by Government Regulation No 517 / 2004 Coll. |
|---|---|
| Regulation Type | Regulation |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 27.06.2005 |
|---|---|
| Effective from | 27.06.2005 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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