Government Decree No. 294 / 2002 Coll.
Government Decree amending Government Decree No. 86 / 2001 Coll., laying down the conditions for granting financial support for the placing of land at rest and financial compensation for putting land at rest and the principles for the sale of oilseed rape on land put at rest, as amended by Government Decree No. 454 / 2001 Coll.
Valid
Regulation
Effective from 02.07.2002
Text versions:
02.07.2002
294
GOVERNMENT REGULATION
of 12 June 2002
amending Government Regulation No 86 / 2001 Coll., laying down the conditions for granting financial support for the placing of land at rest and the financial compensation for putting land at rest and the principles for the sale of land-based oilseed rape, as amended by Government Regulation No 454 / 2001 Coll.
The Government hereby orders, pursuant to Sections 1 (4) and 12 (1) and (2) of Act No. 256 / 2000 Coll., on the State Agricultural Intervention Fund and on the amendment of certain other laws (the Act on the State Agricultural Intervention Fund) (hereinafter referred to as "the Act") to implement Sections 1 (2) (a) (2), (5) and (6), and 1 (2) (c) and 1 (4) of the Act:
Government Decree No. 86 / 2001 Coll., laying down the conditions for granting financial support for the placing of land at rest and financial compensation for the placing of land at rest and the principles for the sale of oilseed rape on land put at rest, as amended by Government Decree No. 454 / 2001 Coll., are amended as follows:
1. In Article 1 (1), the words "from 1 October to 30 September of each calendar year (hereinafter referred to as" the marketing year ") 'shall be added at the end of the text in point (a).
2. in Article 1 (1) (b), the words "in the marketing year" shall be inserted after the words "not put to rest."
3. In Paragraph 1, the following paragraph 2 is inserted after paragraph 1:
"(2) When the conditions laid down in this Regulation are met, the Fund shall grant financial aid to the persons referred to in Article 10 (1) for the non-food use of oilseed rape by processing it into rapeseed oil methyl, which shall take place in the marketing year immediately following the year in which the oilseed rape was grown (hereinafter referred to as the" processing year ').'.
Paragraph 2 shall become paragraph 3.
4. In Paragraph 2 (2) (b), "2,3 'is replaced by" 2,5'.
5. In Section 10, the word "August 'is replaced by" March' and the word "August 'is replaced by the word" March'.
6. Paragraph 10 (3) and (4) reads as follows:
"(3) The applicant shall indicate in the application the quantity of oilseed rape required to be purchased and the expected production quantity of rapeseed methyl ester in each quarter of the processing year; the required quantity of oilseed rape must correspond to a maximum of 3,2 times the quantity of rape oil methyl ester that the candidate may produce during the processing year in a production facility located in the territory of the Czech Republic which is part of his tangible assets. 8)
(4) The applicant will deliver the application to the Fund no later than 31 March of the marketing year concerned. "
7. The following Section 10a is inserted after Section 10:
Assessment of the application for the purchase of oilseed rape for the production of rape oil methyl ester
(1) The Fund will examine the requests received from candidates (Paragraph 10 (4)) in view of whether:
(a) the application has been lodged within the prescribed time limit;
(b) the interested party complies with Article 10 (1);
(c) the application has been supported by the documents referred to in point 5 of Annex 6 to this Regulation and has been completed in full;
(d) the interested party did not ask for a higher quantity of rape than can be processed into rapeseed oil methyl during the processing year in a production facility situated in the territory of the Czech Republic, which is part of its tangible assets.
(2) If the Fund finds that one of the conditions referred to in paragraph 1 is not met, it shall reject the application and inform the candidates in writing, stating the reasons for the refusal without undue delay. "
8.
(1) The Fund shall offer to interested parties, who have not been refused an application pursuant to Article 10a (2), for purchase for the purpose of producing rapeseed methyl ester for the processing year the quantity of oilseed rape to be delivered from the land put up for rest in accordance with final decisions to grant financial aid issued by the Fund by 30 June of the marketing year concerned; The Fund shall offer a maximum of 230 000 tonnes of oilseed rape for purchase.
(2) Where the quantity of oilseed rape offered by the Fund pursuant to paragraph 1 is less than 230 000 tonnes of oilseed rape, the Fund shall notify the interested parties in writing, by 15 July of the marketing year in question, of the granting of financial aid for such different quantities for the non-food use of oilseed rape in accordance with the conditions set out in Article 16a.
(3) If the Fund does not sell all the quantities of oilseed rape bought in accordance with § 2 (2) (b) to interested parties with whom it has concluded a purchase contract pursuant to § 13, it will sell this quantity of oilseed rape for export outside the Czech Republic to persons selected under a tendering procedure published under § 14. '
9. Paragraph 12 (1) and (2) are deleted.
Paragraphs 3 and 4 shall become paragraphs 1 and 2.
10. In Paragraph 12 (1), the words "applications not rejected under paragraph 2, the quantity indicated in 'shall be replaced by the words" applications not rejected for purchase in accordance with'.
11. in the introductory sentence of Article 12 (2), "paragraph 2" is replaced by "paragraph 10a (2)."
12. in Article 12 (2), the words "paragraph 2, shall not exceed the quantity indicated in" shall be replaced by the words "paragraph 10a (2) (a), shall not exceed the quantity offered for purchase in accordance with";
13. in Paragraph 12 (2) (b), "paragraph 3" is replaced by "paragraph 1."
14. in Article 13 (1), "Article 12 (4)" is replaced by "Article 12 (2)" and "relevant economic" is replaced by "processing."
15. in Article 13 (2), the words "economic" in points (a) and (g) shall be replaced by "processing" and in points (b), (c) and (f) shall be replaced by "processing"; in point (g), the words "in which oilseed rape should have been processed into rapeseed methyl ester 'are deleted;
16. in Article 13 (2) (e), the words "or, where appropriate, to another person, who ensures the use of rapeseed oil methyl ester in the mixed fuel for diesel engines for self-consumption," shall be added at the end of the letter;
17. in Paragraph 14 (1), the words "relevant economic" shall be replaced by the words "processing" and "Article 13 (3) (a) or (b)" shall be replaced by the words "Article 13 (2) (f) and (g)."
18. The following Section 16a is inserted after Section 16:
(1) An application for financial aid for non-food use of oilseed rape may be lodged only by a candidate who has not been refused an application pursuant to Article 10a (2) for the marketing year concerned, no later than 31 August of the marketing year concerned.
(2) The application shall specify the quantity of oilseed rape for which it applies for financial aid for the non-food use of oilseed rape, which may not exceed the quantity of oilseed rape corresponding to the difference between the quantity of oilseed rape for which it has requested pursuant to Article 10 and the quantity of oilseed rape for which it has concluded a purchase contract pursuant to Article 13. The model application is set out in Annex 8 to this Regulation.
(3) The Fund shall decide on the application in accordance with Article 5 (5) of the Act. If the total quantity of oilseed rape indicated by the candidates in the non-rejected applications submitted pursuant to paragraph 1 exceeds the difference in quantity referred to in Paragraph 11 (2), the Fund shall adjust the requirements of the individual candidates accordingly.
(4) The Fund shall grant financial aid for the non-food use of oilseed rape at the rate fixed in accordance with paragraph 5 if the applicant demonstrates that he has bought the oilseed rape in the quantity for which it is to be granted and has produced from each tonne of oilseed rape thus purchased at least 0,3125 tonnes of rapeseed methyl ester.
(5) For the processing year, the Fund shall fix the amount of financial aid for the non-food use of oilseed rape as the difference between the price at which the Fund buys oilseed rape from land set at rest in the relevant marketing year, plus the amount of financial aid per tonne of oilseed rape delivered from land set at rest in the relevant marketing year and the average price at which oilseed rape was sold to the buyer in the period from 1 August to 30 September of the marketing year in question in accordance with Article 13. '
19. In Annex No 1, point 2, the explanatory note * *, including the reference in the title of the third column of the table, is deleted.
20.
"Annex No 8 to Government Decree No. 86 / 2001 Coll.
21. Annex 9 is deleted;
Transitional provision
An application for the purchase of oilseed rape for the production of rapeseed methyl for the 2002 / 2003 marketing year in which oilseed rape is to be processed into rapeseed methyl shall be submitted by the applicant to the Fund no later than 30 days after the date of entry into force of this Regulation.
This Regulation shall enter into force on the day of its publication.
Prime Minister:
v. JUDr. Rychetský v. r.
Minister for Agriculture:
Ing. Fencl v. r.
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Regulation Information
| Citation | Government Regulation No 294 / 2002 Coll., amending Government Regulation No 86 / 2001 Coll., laying down the conditions for granting financial support for the placing of land at rest and financial compensation for putting land at rest and the principles for the sale of oilseed rape produced on land put at rest, as amended by Government Regulation No 454 / 2001 Coll. |
|---|---|
| Regulation Type | Regulation |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 02.07.2002 |
|---|---|
| Effective from | 02.07.2002 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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