Government Regulation No. 282 / 2014 Coll.
Government Regulation on certain conditions for implementing the common organisation of the market in milk and milk products
Valid
Regulation
Effective from 01.04.2015
282
GOVERNMENT REGULATION
of 24 November 2014
on certain conditions for implementing the common organisation of the market in milk and milk products
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 provides for certain conditions for the implementation of the common organisation of the market in milk and milk products following the directly applicable European Union1 ("the European Union Regulation ').
Registration of the first buyer
(1) The application for registration of the first buyer (2) shall be submitted to the State Agricultural Intervention Fund (hereinafter referred to as the Fund) on a form issued by it.
(2) The application for registration of the first buyer includes:
(a) a declaration by the applicant that each delivery of raw milk will be marked with a document enabling it to be identified by means of the identification number of the person or name and registered office or by the name or names, if any, and the surname and address of the milk producers who sold the raw milk to the first purchaser;
(b) a declaration by the applicant that the supplies of raw milk sold by him to the operators will be marked with the identification number of the person or the name and address or, where appropriate, the name and address of those operators;
(c) a declaration by the applicant that he has established a registration system ensuring the provision of information to the Fund pursuant to Article 3;
(d) a declaration by the applicant that all raw milk will be delivered exclusively to undertakings, establishments or other establishments where raw milk is treated or processed (hereinafter referred to as the processor); This does not apply if the applicant is a processor directly and also treats or processes all raw milk delivered to him.
(3) The Fund shall issue a marketing authorisation for the first buyer if the applicant:
(a) satisfy the conditions for registration referred to in paragraph 2; and
(b) is a natural person doing business in the territory of the Czech Republic or a commercial corporation (3) doing business in the territory of the Czech Republic.
(4) The first buyer can only operate if it is registered by the Fund.
(5) The list of registered first buyers is published by the Fund in a way that allows remote access.
(6) The registered first buyer shall notify the Fund of changes to the data and documents provided to the Fund in the context of the application for registration of the first buyer no later than 15 days after the date on which the change occurred.
(7) If a registered first buyer intends to cease his activity, he shall submit a written request to the Fund for the cancellation of the registration of the first buyer, accompanied by the documents referred to in Article 3 (1). A decision to revoke the registration of the first buyer of the Fund shall be taken.
Registered first buyer
(1) The registered first buyer notifies the Fund on the form issued by him within 10 days of the end of each calendar month
(a) the total quantity of raw milk from conventional farming expressed in kilograms delivered to it by individual producers for each calendar month and their identification details;
(b) the total quantity of organic raw milk, expressed in kilograms delivered to it by individual producers for each calendar month and their identification details;
(c) the fat and protein content by weight of the total quantity of raw milk delivered, converted into two decimal places;
(d) a list of processors engaged in the treatment and processing of raw milk delivered by him, indicating the quantities of raw milk which he has further sold to those processors;
(e) the total invoiced amount excluding value added tax, rounded up in whole numbers for deliveries of raw milk delivered to it by producers for each calendar month; and
(f) the total invoiced amount, excluding value added tax, rounded up in whole numbers for deliveries of raw milk from farming under the organic farming scheme, delivered to it by producers for each calendar month.
(2) The quantity of raw milk referred to in paragraph 1 shall be indicated in kilograms and, for conversion of the volume of raw milk in litres into quantities in kilograms, the registered first purchaser shall apply a coefficient of 1,027.
(3) The registered first buyer is responsible for recording all the information referred to in paragraph 1. For a period of at least 4 years from the end of the year in which the documents have been issued, the registered first purchaser shall keep the stock documents, indicating the name and registered office or the name, if any, and the name and address of each producer and the declaration referred to in paragraph 1, together with other documents enabling their accuracy to be verified. For a minimum period of 4 years from the end of the year in which the documents were issued, the registered first purchaser shall keep a list of processors to whom he has sold raw milk, including the quantity of raw milk he has sold to those processors.
(4) In the event that the Fund finds that the registered first buyer is in breach of the rules for its activity laid down in this Regulation, it shall invite it to remove the errors within the time limit set. If the error is not remedied within the prescribed period, the Fund shall decide to cancel its registration.
(5) In accordance with Regulation European Union23) The Fund shall carry out an on-the-spot check on the registered first buyer at least once every 4 years to verify that the registered first buyer complies with the conditions set out in paragraph 1 and the European Union24).
(6) The Fund will decide to cancel the registration to the first buyer, unless it purchases raw cow milk from producers for 12 consecutive months and carries out the activity for which it was registered.
Recognition of the producer organisation
(1) An application for recognition of a producer organisation shall be submitted by a legal person established in the Czech Republic or by a transnational producer organisation (4) based in the Czech Republic, meeting the conditions laid down in the European Union5 Regulation, on the form issued by it.
(2) The application for recognition of a producer organisation is in addition to the requirements laid down in European Union6)
(a) a list of all members, each of whom must be milk producers; and
1. their minimum number shall be 10, and the total minimum annual marketed milk production shall be at least 15 000 000 kg in the last calendar year preceding the application date; or
2. their minimum number is 5, and the total minimum annual marketed milk production was at least 500 000 kg in the last calendar year preceding the application date, in the case of organic farming,
(b) a certified copy of the valid statutes and, where appropriate, of the applicant's other valid founding documents, taking into account the requirements of European Union5);
(c) the applicant's declaration to notify the Fund of the quantities of raw milk covered by the contractual negotiations under the relevant European Union Regulation (7); and
(d) proof that, in the case of farming under the organic farming system,
1. the applicant trades in organic farming; and
2. All members of the producer organisation shall run organic farming.
(3) The Fund shall decide on the recognition of a producer organisation where the applicant complies with the requirements referred to in paragraphs 1 and 2.
(4) The recognised producer organisation shall notify the Fund of changes to the data and documents provided to the Fund in the context of the application for recognition of the producer organisation no later than 15 days after the date on which the change occurred.
(5) A recognised producer organisation to which the right of ownership to the raw milk of its producers is transferred must be registered as the first buyer in accordance with Article 2 and fulfil the obligations set out in Article 3.
(6) The list of recognised producer organisations is published by the Fund in a way that allows remote access.
(7) Where a recognised producer organisation intends to cease its activities, it shall submit a written request to the Fund to withdraw the recognition of the producer organisation. The Fund shall take a decision to withdraw the recognition of the producer organisation.
(8) In accordance with European Union8) The Fund shall carry out an on-the-spot check on a recognised producer organisation at least once every 4 years to verify that the recognised producer organisation fulfils the conditions for recognition laid down in this Regulation and in European Union Regulation (6) and does not infringe the rules for its activity laid down in this Regulation or in European Union Regulation.
(9) The producer organisation and the transnational producer organisation shall, throughout the period of recognition, comply with the rules on its activity laid down in this Regulation and European Union Regulation (25).
(10) The recognised producer organisation shall keep documents relating to recognition and documents related to its activities under the European Union6 Code for at least 4 years from the end of the year in which they were issued.
Recognition of associations of producer organisations
(1) An application for recognition of an association of producer organisations shall be submitted by a legal person established in the Czech Republic or by a transnational association of producer organisations (9) based in the Czech Republic, meeting the conditions laid down by the European Union10), by the Fund on the form issued by it.
(2) The application for recognition of associations of producer organisations shall include:
(a) a list of all recognised producer organisations that are members thereof; and
(b) a certified copy of the valid statutes of the applicant and, where appropriate, other valid founding documents.
(3) The Fund shall decide on the recognition of associations of producer organisations where the applicant brings together at least two recognised producer organisations and meets the requirements set out in paragraphs 1 and 2.
(4) The recognised association of producer organisations shall notify the Fund of changes to the information and documents provided to the Fund in the context of an application for recognition of an association of producer organisations no later than 15 days after the date on which the change occurred.
(5) The list of recognised associations of producer organisations shall be published by the Fund in a manner that allows remote access.
(6) Where a recognised association of producer organisations intends to cease its activities, it shall submit a written request to the Fund to withdraw the recognition of associations of producer organisations. The Fund shall take a decision to withdraw the recognition of an association of producer organisations.
(7) In accordance with European Union8) The Fund shall, at least once every four years, carry out an on-the-spot check on a recognised association of producer organisations to verify whether a recognised association of producer organisations fulfils the conditions for recognition laid down in this Regulation or in European Union Regulation (6) and does not infringe the rules for its activity laid down in this Regulation or in European Union Regulation.
(8) The association of producer organisations throughout the period of recognition complies with the rules on its activity laid down in this Regulation and in European Union25).
(9) The recognised association of producer organisations shall keep documents relating to recognition and documents related to its activities under the European Union10 Code for at least 4 years from the end of the year in which they were issued.
Recognised producer organisation and recognised association of producer organisations
(1) The recognised producer organisation and the recognised association of producer organisations shall notify the facts provided for in European Union Regulation (11) on the form issued by the Fund before the start of the contractual negotiations.
(2) The recognised producer organisation and the recognised association of producer organisations shall notify the Fund of the quantities agreed on by it, in respect of which the contract or the amendment of the contract has been concluded, concerning negotiations on the volume of deliveries of raw milk (12).
(3) The recognised producer organisation and the recognised association of producer organisations shall, by 31 January of the calendar year following the year in which their recognition was decided, notify the Fund on the form issued by it of the quantities of raw milk produced by their members and made available on the market by a recognised producer organisation or a recognised association of producer organisations in the previous calendar year (13).
(4) By 31 January each year, a recognised producer organisation and a recognised association of producer organisations of the Fund shall notify on the form issued by it the quantities of raw milk actually delivered under contracts negotiated by recognised producer organisations and recognised associations of producer organisations in the previous calendar year (14).
(5) Where a recognised producer organisation or a recognised association of producer organisations does not comply with the conditions for recognition under this Regulation or European Union Regulation (6), or where a breach of the rules laid down in this Regulation or of the European Union Regulation has been detected, in particular in the case of contracts or amendments to contracts relating to the supply of raw milk, the Fund shall invite recognised producer organisations or recognised associations of producer organisations to remedy deficiencies. If the deficiencies are not remedied by the deadline, the Fund shall, on the basis of a European Union15 Regulation, withdraw the recognition of a producer organisation or the recognition of an association of producer organisations by a decision.
(6) If the Fund finds that a recognised producer organisation in the milk and milk products sector fails to comply with the minimum number of members provided for in Article 4 (2) (a) (1) or (2), the Fund shall withdraw the recognition of the producer organisation or the recognition of associations of producer organisations by decision.
(7) If the Fund finds that a recognised producer organisation in the milk and milk products sector repeatedly fails to comply with the minimum annual marketed milk production provided for in Article 4 (2) (a) (1) or (2) up to a maximum of 10% of the total annual marketed production, the Fund shall withdraw the recognition of the producer organisation by decision. If the Fund finds that a recognised producer organisation in the milk and milk products sector fails to comply with the minimum annual marketed milk production provided for in Article 4 (2) (a) (1) or (2) by more than 10% of the total annual marketed production, the Fund shall withdraw the recognition of the producer organisation by decision.
(8) If the Fund finds that a recognised producer organisation or a recognised association of producer organisations does not deliver to the Fund by 31 January a report on the quantity of raw milk actually delivered under contracts negotiated by recognised producer organisations or recognised associations of producer organisations, the Fund shall invite the producer organisation or association of producer organisations to be corrected within a reasonable period of time, unless correction is made within the prescribed time, the Fund shall cancel the recognition of the producer organisation or association of producer organisations by decision.
(9) If the Fund finds that a recognised producer organisation or a recognised association of producer organisations does not deliver to the Fund changes in the data referred to in Article 4 (4) or Article 5 (4), the Fund shall invite the producer organisation or association of producer organisations to be corrected within a reasonable period of time if no correction is made within the prescribed period, the Fund shall withdraw the recognition of the producer organisation or association of producer organisations by decision.
Recognition of interbranch organisation
(1) An application for recognition of an interbranch organisation shall be submitted by a legal person established in the Czech Republic who fulfils the conditions laid down in European Union16), on the form issued by him.
(2) The application for recognition of an interbranch organisation shall include a declaration of which activities referred to in the European Union16) are carried out by the applicant.
(3) The Fund shall issue a decision on the recognition of an interbranch organisation where the applicant complies with the requirements referred to in paragraphs 1 and 2.
(4) The recognised interbranch organisation shall notify the Fund of any changes to the data and documents made available to the Fund in the context of the application for recognition of the interbranch organisation no later than 15 days after the date on which the change occurred.
(5) The list of recognised inter-branch organisations is published by the Fund in a way that allows remote access.
(6) In accordance with European Union17) The Fund shall, at least once every two years, carry out an on-the-spot check on a recognised interbranch organisation to verify that the recognised interbranch organisation fulfils the conditions for recognition laid down in this Regulation and European Union Regulation (16) and does not infringe the rules for its activity laid down in this Regulation or in European Union Regulation.
(7) Where a recognised interbranch organisation fails to comply with the conditions for recognition under this Regulation or European UnionRegulation (16), or a breach of the rules laid down in this Regulation or European Union Regulation has been detected, the Fund shall invite the recognised interbranch organisation to remedy the deficiencies. If the deficiencies are not remedied within the prescribed time limit, the Fund shall cancel the recognition of the interbranch organisation by decision (18). In cases prescribed by European Union19) The Fund shall withdraw the recognition of the interbranch organisation by decision without prior call for the removal of deficiencies.
(8) Where a recognised inter-branch organisation intends to cease its activities, it shall submit a written request to the Fund to withdraw recognition of the interbranch organisation. A decision on the withdrawal of recognition of an interbranch organisation shall be taken by the Fund.
Producer
(1) If a producer sells raw milk under the European Union20) to the first buyer in the Czech Republic, he may only sell it to the first buyer registered under § 2.
(2) The producer shall keep for a minimum period of 3 years from the end of the year in which the documents were issued evidence of the quantity of raw milk delivered to the first purchaser.
Sales directly to the consumer
(1) A producer authorised under another legislation (21), selling raw milk and milk products directly to the consumer, shall notify the Fund by 31 January of the quantities of raw milk and milk products sold under direct sales for the previous calendar year using the form issued by the Fund. For the purposes of this notification, the producer shall convert milk products sold directly to the consumer into milk equivalent using the coefficients set out in the Annex to this Regulation. For the conversion of the volume of raw milk in litres into kilograms, the producer shall apply a coefficient of 1,027.
(2) The producer shall keep for a period of at least 3 years from the end of the year in which the documents were drawn up, evidence of the quantities of raw milk and milk products sold directly to the consumer and the reports referred to in paragraph 1.
(3) The producer referred to in paragraph 1 who terminates the production of raw milk and milk products shall notify the Fund without undue delay.
Notification by the Fund
The Fund shall notify the Competition Authority of the facts specified in the notifications of recognised producer organisations and recognised associations of producer organisations pursuant to paragraphs 1 to 4 of Article 6 not later than 15 days from the date of their notification. 22).
Transitional provisions
(1) The last monthly report pursuant to Government Regulation No 244 / 2004 Coll., laying down closer conditions for the application of the levy in the milk and milk products sector within the framework of the common organisation of the market in milk and milk products, as effective before the date of entry into force of this Regulation, is to be submitted until 15 April 2015 for the period from 1 to 31 March 2015.
(2) The annual declaration for the quota year 2014 / 2015 pursuant to Articles 8 and 10 of Commission Regulation (EC) No 595 / 2004 of 30 March 2004 laying down detailed rules for the application of Council Regulation (EC) No 1788 / 2003 establishing a levy in the milk and milk products sector, as amended, and pursuant to Article 11 of Government Regulation (EC) No 244 / 2004 Coll., laying down closer conditions for the application of the levy in the milk and milk products sector within the common organisation of the market in milk and milk products, as effective before the date of entry into force of this Regulation, shall be submitted by 15 May 2015.
(3) Proceedings initiated before and until the date of entry into force of this Regulation, with the exception of the procedure for the approval of customers, the procedure for the recognition of a producer organisation, the procedure for the recognition of associations of producer organisations and the procedure for the recognition of an interbranch organisation, shall be completed and the rights and obligations relating thereto shall be assessed in accordance with Government Regulation No 244 / 2004 Coll., laying down closer conditions for the application of the levy in the milk and milk products sector within the common organisation of the market in milk and milk products, as effective before the date of entry into force of this Regulation.
(4) The procedure for the recognition of a producer organisation, the procedure for the recognition of associations of producer organisations and the procedure for the recognition of an interbranch organisation, initiated before and until the date of entry into force of this Regulation, shall be completed and the rights and obligations relating thereto shall be assessed under this Regulation. The procedure for the approval of customers initiated before the date of entry into force of this Regulation and pending shall be completed and the rights and obligations relating thereto shall be assessed in accordance with Article 2 of this Regulation.
(5) Decisions on the approval of the purchaser, decisions on recognition of the producer organisation, decisions on recognition of associations of producer organisations and decisions on recognition of an inter-branch organisation, issued pursuant to Government Regulation No 244 / 2004 Coll., laying down closer conditions for the application of the levy in the milk and milk products sector within the framework of the common organisation of the market in milk and milk products, as effective before the date of entry into force of this Regulation, will cease to apply.
Repeal
The following shall be deleted:
1. Government Regulation No 244 / 2004 Coll., laying down closer conditions for the application of the levy in the milk and milk products sector within the framework of the common organisation of the market in milk and milk products.
2. Government Regulation No. 517 / 2004 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 within the framework of the common organisation of the market in milk and milk products.
3. 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 within the framework of the common organisation of the market in milk and milk products, as amended by Government Regulation No 517 / 2004 Coll.
4. Government Regulation No 293 / 2007 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.
5. Government Regulation No. 308 / 2012 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.
Efficacy
This Regulation shall enter into force on 1 April 2015, with the exception of the provisions of Sections 2, 4, 5 and 7, which shall take effect on 1 January 2015.
Prime Minister:
Sobotka v. r.
Minister for Agriculture:
Ing. Jurečka v. r.
Annex to Government Regulation No 282 / 2014 Coll.
Method of converting dairy products into equivalent quantities of milk
| Druh mléčného výrobku | Množství | Ekvivalent množství mléka |
|---|---|---|
| máslo | 1 kg | 22,5 kg mléka |
| smetana | 1 kg | 0,263 kg mléka vynásobeno množstevním procentem obsahu tuku smetany |
| tvrdé sýry | 1 kg | 10 kg mléka |
| čerstvé a bílé sýry | 1 kg | 7 kg mléka |
| jogurt | 1 kg | 1,2 kg mléka |
| tvaroh | 1 kg | 7 kg mléka |
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, as amended. Commission Delegated Regulation (EU) No 880 / 2012 of 28 June 2012 supplementing Council Regulation (EC) No 1234 / 2007 as regards transnational cooperation and contractual negotiations of producer organisations in the milk and milk products sector. Commission Implementing Regulation (EU) No 511 / 2012 of 15 June 2012 on notifications concerning producer organisations and interbranch organisations and on contractual negotiations and relations established by Council Regulation (EC) No 1234 / 2007 in the milk and milk products sector, as amended. Commission Regulation (EU) No 479 / 2010 of 1 June 2010 laying down detailed rules for the application of Council Regulation (EC) No 1234 / 2007 as regards notifications by Member States to the Commission in the milk and milk products sector, as amended. Commission Implementing Regulation (EU) 2019 / 1746 of 1 October 2019 amending Implementing Regulation (EU) 2017 / 1185 laying down detailed rules for the application of Regulations (EU) No 1307 / 2013 and (EU) No 1308 / 2013 of the European Parliament and of the Council as regards the notification of information and documents to the Commission.
2) Article 151 of Regulation (EU) No 1308 / 2013 of the European Parliament and of the Council.
3) Act No. 90 / 2012 Coll., on Companies and Cooperatives (Act on Commercial Corporations).
4) Article 1 (1) of Commission Delegated Regulation (EU) No 880 / 2012.
(5) Articles 152 (3) and 161 of Regulation (EU) No 1308 / 2013 of the European Parliament and of the Council.
6) Article 161 (1) of Regulation (EU) No 1308 / 2013 of the European Parliament and of the Council.
(7) Article 149 (2) (f) of Regulation (EU) No 1308 / 2013 of the European Parliament and of the Council.
(8) Article 161 (3) (b) of Regulation (EU) No 1308 / 2013 of the European Parliament and of the Council.
9) Article 1 (2) of Commission Delegated Regulation (EU) No 880 / 2012.
10) Article 156 (2) of Regulation (EU) No 1308 / 2013 of the European Parliament and of the Council.
11) Article 2 (2) of Commission Implementing Regulation (EU) No 511 / 2012.
12) Article 149 (2) (f) of Regulation (EU) No 1308 / 2013 of the European Parliament and of the Council. Article 2 of Commission Implementing Regulation (EU) No 511 / 2012.
13) Article 1 (1) (a) of Commission Implementing Regulation (EU) No 511 / 2012.
14) Article 2 (3) of Commission Implementing Regulation (EU) No 511 / 2012.
(15) Article 161 (3) (c) of Regulation (EU) No 1308 / 2013 of the European Parliament and of the Council.
16) Article 157 and 163 of Regulation (EU) No 1308 / 2013 of the European Parliament and of the Council.
(17) Article 163 (3) (b) of Regulation (EU) No 1308 / 2013 of the European Parliament and of the Council.
(18) Article 163 (3) (c) of Regulation (EU) No 1308 / 2013 of the European Parliament and of the Council.
19) Article 163 (3) (d) of Regulation (EU) No 1308 / 2013 of the European Parliament and of the Council.
20) Regulation (EU) No 1308 / 2013 of the European Parliament and of the Council.
21) Paragraph 22 (1) (a) of Act No. 166 / 1999 Coll., on Veterinary Care and on the Amendment of Certain Related Acts (Veterinary Act), as amended by Act No. 308 / 2011 Coll.
22) Article 149 (6) of Regulation (EU) No 1308 / 2013 of the European Parliament and of the Council.
(23) Point 8 of Annex III to Commission Implementing Regulation (EU) 2017 / 1185 of 20 April 2017 laying down detailed rules for the application of Regulations (EU) No 1307 / 2013 and (EU) No 1308 / 2013 of the European Parliament and of the Council as regards notification of information and documents to the Commission and amending and repealing several Commission Regulations, as amended.
24) Article 151 of Regulation (EU) No 1308 / 2013 of the European Parliament and of the Council. Annex III, point 8, Commission Implementing Regulation (EU) 2017 / 1185, as amended.
25) Articles 149 and 161 of Regulation (EU) No 1308 / 2013 of the European Parliament and of the Council, as amended. Article 2 of Commission Implementing Regulation (EU) No 511 / 2012.
Sign in for notes, favorites and notifications
Regulation Information
| Citation | Government Regulation No 282 / 2014 Coll., on certain conditions for implementing the common organisation of the market in milk and milk products |
|---|---|
| Regulation Type | Regulation |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 09.12.2014 |
|---|---|
| Effective from | 01.04.2015 |
| Effective until | - |
| Status | Valid |
Legal Areas:
Administrative law
Agriculture
The regulation text is for informational purposes only.
Comments 0