Decree No. 269 / 2014 Coll.
Government regulation on certain conditions for implementing the common organisation of the market in hemp grown for fibre
Valid
Regulation
Effective from 01.01.2015
Text versions:
01.01.2015
25.11.2014
269
GOVERNMENT REGULATION
of 3 November 2014
on certain conditions for implementing the common organisation of the market in hemp grown for fibre
The Government mandates pursuant to § 2b (2) of Act No. 252 / 1997 Coll., on Agriculture, as amended by Act No. 128 / 2003 Coll., Act No. 441 / 2005 Coll. and Act No. 291 / 2009 Coll., and under § 1 (3) 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. 441 / 2005 Coll., Act No. 291 / 2009 Coll. and Act No. 179 / 2014 Coll.:
Subject matter
This Regulation amends certain conditions for the implementation of the common organisation of the market in hemp grown for fibre following the directly applicable European Union1 (hereinafter referred to as the "European Union Regulation ').
Certificates for imports of hemp from third countries
(1) An application for certification for imports of hemp from third countries is submitted by the applicant to the State Agricultural Intervention Fund (hereinafter referred to as "the Fund") using the form provided for in the European UnionRegulation (1).
(2) The Fund shall issue certificates for imports of hemp from third countries under the European Union2 Code if the applicant fulfils the conditions laid down in the European Union2 Regulation and this Regulation.
(3) Certificates for imports of hemp from third countries shall be valid from the date of issue until the end of the third calendar month following that in which the certificate was issued.
(4) The application for certification for imports of raw hemp from third countries (3) shall be accompanied by proof that it is a variety of hemp for which the tetrahydrocannabinol content does not exceed the authorised quantity (4).
(5) An application for certification for imports of seeds of hemp varieties from third countries intended for sowing (5) shall be accompanied by proof that it is a hemp variety for which the tetrahydrokannabinol content does not exceed the authorised quantity (4).
Imports of hemp seed not intended for sowing from third countries
(1) Certificates for imports of hemp seed not intended for sowing (6) from third countries may be issued only to authorised importers of hemp seed not intended for sowing in accordance with European Union Regulation (7).
(2) The application for a certificate referred to in paragraph 1 shall include a written undertaking by the authorised importer under the European Union8 ("the undertaking declaration '). The declaration of commitment shall be made on a form issued by the Fund in accordance with the European Union Regulation (8).
(3) The authorised importer shall deliver to the Fund within 30 days of the expiry of the time limit laid down in European Union8) or established in accordance with paragraph 4 a certificate issued by him himself, provided that he has subjected imported hemp seed not intended for sowing to one of the operations provided for in European Union8) or a certificate issued by another operator who has submitted hemp seed not intended for sowing to one of the operations provided for in European Union8). Confirmation shall be made using a form issued by the Fund in accordance with the European Union9).
(4) A reasoned application for an extension of the deadline (10) for the submission of hemp seed not intended for sowing, one of the operations provided for in European Union8) shall be submitted by the authorised importer no later than 30 days after the end of the period laid down in European Union8). The Fund may extend the period for carrying out operations by one or two months.
(5) The authorised importer of hemp seed not intended for sowing shall notify the Fund of any changes and additions to the data and documents provided to the Fund in connection with the application referred to in paragraphs 3 and 4 within 30 days of their establishment.
Approval of an importer of hemp seed not intended for sowing
(1) An application for approval of an importer of hemp seed not intended for sowing may be made only by the undertaking natural person or the commercial corporation, using a form issued by the Fund. The application shall contain the name and surname or business name, the registered office of the applicant and, where appropriate, his permanent residence, his identification number and other particulars referred to in paragraph 2.
(2) The application referred to in paragraph 1 shall include an undertaking by the importer to maintain:
(a) separate records of quantities of imported hemp seed purchased from third countries (stock records, accounting records);
(b) separate records of the processed quantity of hemp seed imported under Article 3, including the quantity and type of product,
(c) records of losses resulting from processing and, where appropriate, destroyed quantities of hemp seed and the reasons for its destruction; and
(d) records of quantities of hemp seed not intended for sowing sold to other operators, including taking measures to ensure that such operators comply with the conditions laid down in (a) to (c).
(3) If the application of an importer of hemp seed not intended for sowing shows no deficiencies, the Fund shall approve it.
(4) The Fund shall keep a register of approved importers of hemp seed not intended for sowing.
Measures for the detection of irregularities
(1) The Fund shall withdraw approval from an importer approved in accordance with Article 4 if it finds that:
(a) have not delivered to the Fund the confirmation referred to in Article 3 (3) within the period referred to in Article 3 (3);
(b) the particulars given in the certificate referred to in Article 3 (3) are not true,
(c) fails to comply with the declaration of commitment to the application for a certificate referred to in Article 3 (2); or
(d) fails to comply with the obligations set out in the application for approval for which he has undertaken to comply.
(2) If the approved importer of the Fund does not deliver an application for a certificate pursuant to Article 3 within 24 months of the decision approving or the last certificate being issued, the Fund shall withdraw the approval of the approved importer.
(3) Importers of hemp seed not intended for sowing may re-submit an application for approval not earlier than 1 calendar year after the date of the entry into force of the decision withdrawing the approval referred to in paragraph 1.
Transitional provision
Proceedings initiated before the date of entry into force of this Regulation shall be completed and the rights and obligations relating thereto shall be assessed in accordance with Government Regulation 248 / 2004 Coll., as effective before the date of entry into force of this Regulation.
Repeal
Government Decree 248 / 2004 Coll., on certain measures to implement the common organisation of the market in flax and hemp grown for fibre, is repealed.
Efficacy
This Regulation shall take effect on 1 January 2015.
Prime Minister:
Sobotka v. r.
Minister for Agriculture:
Ing. Jurečka v. r.
1) Regulation (EU) No 1308 / 2013 of the European Parliament and of the Council of 17 December 2013 establishing a common organisation of the markets in agricultural products and repealing Council Regulations (EEC) No 922 / 72, (EEC) No 234 / 79, (EC) No 1037 / 2001 and (EC) No 1234 / 2007. Commission Regulation (EC) No 376 / 2008 of 23 April 2008 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. Commission Regulation (EC) No 507 / 2008 of 6 June 2008 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.
2) Article 189 of Regulation (EU) No 1308 / 2013 of the European Parliament and of the Council. Article 17 of Commission Regulation (EC) No 507 / 2008, as amended.
(3) Article 189 (1) (a) of Regulation (EU) No 1308 / 2013 of the European Parliament and of the Council. Article 17 (1) of Commission Regulation (EC) No 507 / 2008, as amended.
(4) Article 32 (6) of Regulation (EU) No 1307 / 2013 of the European Parliament and of the Council of 17 December 2013 laying down rules for direct payments to farmers under support schemes under the common agricultural policy and repealing Council Regulation (EC) No 637 / 2008 and Council Regulation (EC) No 73 / 2009.
(5) Article 189 (1) (b) of Regulation (EU) No 1308 / 2013 of the European Parliament and of the Council. Article 17 (1) of Commission Regulation (EC) No 507 / 2008, as amended.
(6) Article 189 (1) (c) of Regulation (EU) No 1308 / 2013 of the European Parliament and of the Council. Article 17 (1) and (2) of Commission Regulation (EC) No 507 / 2008, as amended.
(7) Article 189 (1) (c) of Regulation (EU) No 1308 / 2013 of the European Parliament and of the Council. Article 17 (2) of Commission Regulation (EC) No 507 / 2008, as amended.
8) The second subparagraph of Article 17 (2) of Commission Regulation (EC) No 507 / 2008, as amended.
9) The fourth subparagraph of Article 17 (2) of Commission Regulation (EC) No 507 / 2008, as amended.
10) The third subparagraph of Article 17 (2) of Commission Regulation (EC) No 507 / 2008, as amended.
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Regulation Information
| Citation | Government Regulation No. 269 / 2014 Coll., on certain conditions for implementing the common organisation of the market in hemp grown for fibre |
|---|---|
| Regulation Type | Regulation |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 25.11.2014 |
|---|---|
| Effective from | 01.01.2015 |
| Effective until | - |
| Status | Valid |
Legal Areas:
Administrative law
Agriculture
The regulation text is for informational purposes only.
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