Decree No. 296 / 2002 Coll.
Government Regulation amending Government Regulation No. 114 / 2001 Coll., establishing production quotas for sugar for quota years 2001 / 2002 to 2004 / 2005
Valid
Effective from 02.07.2002
Text versions:
02.07.2002
296
GOVERNMENT REGULATION
of 12 June 2002
amending Government Regulation No 114 / 2001 Coll., establishing production quotas for sugar for the quota years 2001 / 2002 to 2004 / 2005
The Government orders pursuant to § 12 (3) to (5) to implement § 2 (5) and § 12 (3) to (7) 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):
Government Regulation No 114 / 2001 Coll., establishing the production quotas for sugar for the quota years 2001 / 2002 to 2004 / 2005 is amended as follows:
1. in Paragraph 2 (a):
"(a) a sugar product of sugar beet, containing by weight at least 90% of sucrose in the dry state, converted into white sugar 1) by a coefficient of 1 for a solid product or by a coefficient of 0,7 for a liquid product,"
2. in Article 2 (f):
"(f) export of sugar exports of sugar or other sugar-containing product produced and destined by a sugar producer for consumption outside the Czech Republic or for use in the manufacture of another product to be consumed outside the Czech Republic or, where appropriate, for processing into another product to be consumed outside the Czech Republic,"
3. In Article 2, at the end of point (f), the dot is replaced by a comma and the following points (g) and (h) are added:
'(g) marketing in the Czech Republic the sale or other transfer of sugar or sugar-containing product by a sugar producer to another person, without prejudice to exports of sugar under this Regulation,
(h) by the sugar producer of the quantity of sugar produced, determined, where appropriate, as amended in accordance with this Regulation, by the sugar producer under the conditions laid down in this Regulation during the quota year;
1. market in the Czech Republic (hereinafter referred to as the "domestic quota share"), and
2. exports [point (f)] ("the export share of the quota"). ';
4. Paragraph 4 (2) reads as follows:
"(2) The reserve is increased by the quantity of sugar,
(a) by which the quotas referred to in Article 9 (5) and (7) have been reduced,
(b) which corresponds to a quota the effects of which have ceased pursuant to Articles 7 (4) and 12 (7). "
5.
Method of handling quota production and conditions of the production quota system
(1) The Fund shall, no later than 90 days before the beginning of the quota year, on the basis of its evaluation balance of production and sales of sugar in the previous quota year, the production balance and the foreseeable sales of sugar in the current quota year and the balance of the forecast production and sales of sugar in the relevant quota year, determine the domestic share of the quota and the export share of the quota in the same way, by their mutual ratio. The Fund shall publish a reciprocal ratio between the domestic share of the quota and the export share of the quota in the Bulletin.
(2) The Fund may, by 30 June of the quota year in question at the latest, increase in the ratio of the domestic share of the quota and the export share of the quota in the same way on the basis of the balance of production and sales of the sugar for the previous 3 / 4 of the quota year.
(3) The sugar producer shall prove by 31 August 2002 at the latest that he has contracted from growers the supply of sugar beet with a recalculated sugar content of 16%, in a quantity corresponding to at least 90% of the quota available for each quota year in the period until the end of the 2004 / 2005 quota year.
(4) A sugar producer who acquires a quota or part thereof from another producer shall notify the Fund in writing, within 15 days of the date of the transfer, in accordance with the model set out in Annex 4 to this Regulation; The Fund shall confirm in writing to the acquirer of the quota or part thereof within 15 days of receipt of the notification of the transfer of the quota or part thereof that the transfer has been notified to it.
(5) Paragraph 4 shall apply mutatis mutandis to the quota crossing.
(6) Exports of sugar for the relevant quota year can be demonstrated by a single customs document (2a) no later than 30 days after the date of export; sugar exports may also be effected by the sugar producer through another person.
2a) Act No. 13 / 1993 Coll., Customs Act, as amended. '
6. In Article 9 (2), the words "1,15 times' are deleted.
7. in Article 9 (2) (b), the words "1,15 times" shall be inserted before the word "positive."
8. Paragraph 9 (3) reads as follows:
"(3) The Fund shall not include in the quota reduction provided for in paragraph 2:
(a) the difference between the national share of the sugar producer's quota plus the quantity of sugar delivered to the sugar producer during the previous quota year by another person and the quantity of sugar marketed by that sugar producer in the Czech Republic during the previous quota year, provided that the sugar producer has produced from sugar beet at least the quantity corresponding to its quota and at the same time exported at least the quantity of sugar corresponding to the export share of the quota at its disposal;
(b) a positive difference as referred to in paragraph 2 (a) and (b), where this difference is less than 100 tonnes. "
9. In Article 9, paragraphs 6 to 9 are added:
"(6) A sugar producer who fails to demonstrate the facts referred to in Article 8 (3) shall reduce the Fund's quota by a quantity of sugar which makes the difference between the sugar producer established by the quota and the quantity of sugar corresponding to the contracted supply of sugar under Article 8 (3).
(7) The Fund shall reduce the quota to the sugar producer referred to in paragraph 6 with effect from 1 September 2003.
(8) If the reduction in the quota to sugar producers referred to in paragraphs 6 and 7 exceeds a total of 20 000 tonnes of sugar, the Fund shall notify the Bulletin of this fact and, at the same time, publish information on the possibility of requesting a new quota or of requesting an increase in the quota, indicating:
(a) the quantity of the reserve to be distributed;
(b) the time limit for receipt of the Fund's application, which may not be less than 15 days from the date of publication of the information by the Fund in the Bulletin.
(9) Article 11 and 12 shall apply to the procedure for the application submitted pursuant to paragraph 8. ';
10. in Article 11 (1) (c):
"(c) proves that it is the sole user of a fully functioning sugar production facility and that it will be the sole user at least until the end of the 2004 / 05 quota year,"
11. in Article 11 (1) (f):
"(f) no final decision has been taken to reduce its quota in the past 12 months;"
12. in Paragraph 12 (6):
"(6) The Fund shall increase the quota or fix a new quota in accordance with paragraphs 3 to 5 on condition that the applicant for the reserve proves to the Fund:
(a) within 90 days of the date of the increase in the quota or of the new quota, that it has contractually secured from sugar beet growers 16% needed for the production of sugar at least equivalent to 90% of the increased quota or newly fixed quota for the period until the end of the 2004 / 05 quota year;
(b) before 31 January of each quota year, that in the production facility indicated in the reserve application it produced a quantity of sugar corresponding to at least 90% of the quota allocated in the relevant quota year. "
13. In Article 12, the following paragraph 7 is added:
"(7) If the facts referred to in paragraph 6 are not demonstrated by the reserve applicant, the effects of the increase in the quota or the fixing of the new quota shall cease. The Fund shall notify the applicant of this fact without undue delay. '.
14. in Paragraph 14 (1):
"(1) The sugar producer shall provide the Fund with information on:
(a) an estimate of the purchase of sugar beet and an estimate of the volume of sugar production in the quota year at the start of the relevant quota year; the information shall be submitted by 10 September of the calendar year concerned,
(b) the purchase of sugar beet and the processing of sugar beet in the quota year on 31 January of the relevant quota year; the information shall be submitted by 10 February of the relevant calendar year;
(c) sugar production, sugar supply, sugar purchases, marketing of sugar in the Czech Republic and export of sugar for the relevant calendar month; the information shall be submitted by the end of the following calendar month;
(d) an inventory of sugar at 30 April and 31 October of the quota year concerned; the information shall be submitted within 10 days after the date specified,
(e) the commencement and termination of the processing of diabetes; the information shall be submitted within 10 days of the date of completion of the processing of the diabetes,
(f) the supporting documents for calculating the price of white sugar for the relevant calendar year; the information shall be submitted by 30 April of the following calendar year. ';
15.
"Annex 3 to Government Decree No. 114 / 2001 Coll.
16. The following Annex 4 is added, including the title:
"Annex No 4 to Government Decree No. 114 / 2001 Coll.
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. 296 / 2002 Coll., amending Government Regulation No. 114 / 2001 Coll., laying down production quotas for sugar for quota years 2001 / 2002 to 2004 / 2005 |
|---|---|
| Regulation Type | - |
| 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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