Government Decree No 293 / 2007 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
Valid
Regulation
Effective from 01.12.2007
293
GOVERNMENT REGULATION
of 7 November 2007
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
The Government orders pursuant to § 2b (2) of Act No. 252 / 1997 Coll., on Agriculture, as amended by Act No. 128 / 2003 Coll. and Act No. 441 / 2005 Coll., and pursuant to § 1 (3) and § 11d (9) (a) to (f) 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. and Act No. 441 / 2005 Coll.:
Government Regulation No 244 / 2004 Coll., establishing 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. and Government Regulation No 258 / 2005 Coll., is amended as follows:
1. In Article 5, the sentence "The date on which the notice of termination of the activities of the Fund's customer is received shall cease to be approved by the customer, unless the notification indicates that the approval will expire later. '
2. In Paragraph 6 (4), the word "set aside 'is replaced by" may be set aside'.
3. In Article 7 (2), the words "or proof of future acquisition of dairy cows or high-shore heifers, if not yet owned by the producer (2), shall be added at the end of point (d)."
4. In Article 7 (3), the sentence "In the case of producer2), which has received an individual reference quantity by donating between relatives in a series of direct, spouse or registered partners, is inserted after the first sentence, as is the transition between the reference quantity of milk."
5. In Article 7, at the end of paragraph 3, the sentence "If the producer (2) does not reach the limit set for the individual reference quantity of milk for deliveries and proves to the Fund that the temporary impairment of production capacity was due to force majeure, the Fund shall take into account the temporary impairment of production capacity. ';
6. In Article 7, at the end of paragraph 4, the sentence "The application for the allocation of a new individual reference quantity of milk for deliveries of the Fund shall be rejected if the producer (2) before the date referred to in paragraph 6 (3) has transferred the entire individual reference quantity of milk for deliveries to another production2)."
7. In Article 7, at the end of paragraph 5, the sentence "The application for the allocation of a new individual reference quantity of milk for direct sales of the Fund shall be rejected if the producer (2), before the date referred to in paragraph 6 (3), has transferred the entire individual reference quantity of milk for direct sales to another producer (2). '
8. In Article 7, the following paragraph 8 is added:
"(8) Production2) which does not own a herd of dairy cows or high-shore heifers at the time of the application for the allocation of a new individual reference quantity of milk from part of the reserve Fund shall allocate a new individual reference quantity of milk in accordance with paragraph 2 (d) on condition. The producer (2) shall, within 90 days of the date on which the decision to allocate a new individual reference quantity of milk is taken to prove that he is the owner of a herd of dairy cows or high-shore heifers, as the case may be, otherwise the Fund shall withdraw the decision. '
9. the words "spouse or registered partners" shall be added at the end of Paragraph 8 (3).
10. In Article 8, paragraph 6 is added:
"(6) If the producer (2) terminates or suspends milk production, he shall immediately notify the Fund in writing."
11. in Paragraph 9 (2):
"(2) Written confirmation of the transfer of the individual reference quantity of milk to the new producer2) The Fund shall, upon presentation of the documents referred to in Article 7 (2)."
12. In Article 9, the following paragraph 3 is added:
"(3) At the same time as the transfer or transfer of the individual reference quantity of milk passes or is transferred to the acquirer the reference fat content of the dairy 8). The Fund shall notify the transferee of the new reference fat content of the milk 8) in accordance with the rules of the European Community17). '
13. in Paragraph 10 (1):
"(1) The reference quantity of milk for deliveries, or part thereof, may be changed to the reference quantity of milk for direct sales and option18 during the period from 1 June of the current year to 25 January of the following calendar year, on the basis of an application submitted by the Fund on the form issued by it."
14. in Paragraph 10 (2), "twice" is replaced by "once."
15. In Article 11, the words "on the form issued by him, both paper and electronic," shall be replaced by the words "in paper form on the form issued by the Fund and the electronic form of the data file in accordance with the format established by the Fund or in electronic form of the data file in accordance with the format established by the Fund with the guaranteed electronic signature."
16. In Article 13 (1), the words "on a form issued by the Fund, in writing and in a manner enabling remote access' are replaced by the words" on a paper form issued by the Fund and on an electronic form of the data file in accordance with the format established by the Fund or in an electronic form of the data file in accordance with the format established by the Fund with a guaranteed electronic signature '.
17. in Article 13 (2), the words "information22) on the fulfilment of the individual reference quantity of milk for deliveries broken down by customer, including the quantity of milk delivered to them, and" shall be deleted.
18. In Paragraph 13, the sentence "For producers (2), which have ceased milk production during the 12-month period, is added at the end of paragraph 2."
19. In Section 14, the words "from the performance check of dairy cows, or from the Czech Statistical Office sample survey," shall be added at the end of paragraph 2.
Transitional provisions
1. Legal relationships arising before the date of entry into force of this Regulation shall be assessed in accordance with existing legislation.
2. Proceedings managed by the State Agricultural Intervention Fund and not completed by the date of entry into force of this Regulation shall be completed and the rights and obligations resulting therefrom shall be assessed in accordance with existing legislation.
Efficacy
This Regulation shall enter into force on 1 December 2007, with the exception of Article I (15) and (16), which shall take effect on 1 April 2008.
Prime Minister:
Ing. Topolánek v. r.
Minister for Agriculture:
Mgr. Gandalovich v. r.
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Regulation Information
| Citation | 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 |
|---|---|
| Regulation Type | Regulation |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 27.11.2007 |
|---|---|
| Effective from | 01.12.2007 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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