Government Decree No. 308 / 2012 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 03.10.2012
Text versions:
03.10.2012
24.09.2012
308
GOVERNMENT REGULATION
of 19 September 2012
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 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. and Act No. 291 / 2009 Coll.:
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., Government Regulation No 258 / 2005 Coll. and Government Regulation No 293 / 2007 Coll., is amended as follows:
1. Paragraph 1, including the title and footnote 1, reads as follows:
Subject matter
This Regulation lays down certain national conditions within the framework of the common organisation of the market in milk and milk products, in particular as regards contractual relations in the milk and milk products sector, rules on the recognition of producer organisations, their associations and interbranch organisations in the milk and milk products sector, following the directly applicable European Union1.
1) Council Regulation (EC) No 1788 / 2003 of 29 September 2003 establishing a levy in the milk and milk products sector, as amended. Commission Regulation (EC) No 595 / 2004 of 30 March 2004 laying down detailed rules for applying Council Regulation (EC) No 1788 / 2003 establishing a levy in the milk and milk products sector, as amended. Council Regulation (EC) No 1234 / 2007 of 22 October 2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation), as amended. Commission 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. ';
2. in § 2 (1), § 3 (1), § 7 (6), § 7 (7) (a) and (b), § 8 (1) and (5), § 9 (3), § 10 (3) and in § 14 (2), the words "European Communities provisions" are replaced by the words "directly applicable European Union provisions."
3. In Articles 2 (1) and 3 (1), the words "European Community rules' are replaced by the words" European Union rules'.
4. In Article 5 (2) (c), the words "European Community rules' are replaced by the words" directly applicable European Union rules'.
5. In Article 5 (6), the words "European Community provisions' are replaced by the words" directly applicable European Union provisions'.
6. in Article 5 (2), point (a) is deleted;
Points (b) to (d) shall be renumbered as points (a) to (c).
7. in Article 5 (3) (b):
"(b) carry out milk withdrawals to determine the fat content of milk which is part of the performance of the individual reference quantity in laboratories approved under another legislation 10d), at least twice a month; where the producer terminates or interrupts the supply of milk to the customer and the customer in the calendar month in which the supply ends or breaks up, he shall not carry out at least one sample of milk for the purpose of determining the fat content, the purchaser shall report a fat content of 4,21% in the notification referred to in Article 13 (1) for that producer. ';
8. In Article 5 (3), at the end of point (b), the dot is replaced by a comma and the following point (c) is added:
"(c) is an entrepreneur under the Commercial Code."
9. In Article 5 (6), "paragraph 2 (b), (c) or (d) 'is replaced by" paragraph 2 (a), (b) or (c)'.
10. The following Sections 5a to 5c are inserted after Section 5, including the headings and footnotes 26 to 34:
Recognition of the producer organisation
(1) An application for recognition as a producer organisation established in the Czech Republic is submitted by an applicant who fulfils the conditions laid down by the directly applicable European Union Regulation in the milk and milk productssector (26), using the form issued by the Fund.
(2) The application for recognition as a producer organisation shall include:
(a) a list of members showing that the applicant brings together at least 10 members;
(b) an officially certified copy of the applicant's founding documents in force.
(3) The Fund shall recognise applicants referred to in paragraph 1 as a producer organisation established in the Czech Republic under the directly applicable European Union26) in the milk and milk products sector, provided that the applicant brings together at least 10 members and that each member is a production27).
(4) The applicant which has been recognised in accordance with paragraph 3 shall notify the Fund of changes to the data and documents made available to the Fund in the context of the application for recognition under paragraphs 1 and 2 within 15 days of the date on which the change occurred.
(5) The Fund shall carry out at least once every three calendar years checks on the activities of a recognised producer organisation (28).
(6) Where the Fund finds that the conditions are not met by a recognised producer organisation, it shall invite it to remedy the errors and shall fix a time limit which may not exceed 3 months from the receipt of the call. If the error is not remedied within the time limit, the Fund shall cancel recognition (29).
(7) The list of recognised producer organisations shall be published by the Fund in a manner that allows remote access.
Recognition of associations of producer organisations
(1) The application for recognition as an association of producer organisations established in the Czech Republic is submitted by a legal person who fulfils the conditions laid down by the directly applicable European Union Regulation in the milk and milk productssector (30), using the form issued by the Fund.
(2) The application for recognition as an association of producer organisations shall include:
(a) a list of producer organisations which show that the applicant brings together at least two producer organisations;
(b) an officially certified copy of the applicant's founding documents in force.
(3) The Fund shall recognise the legal person referred to in paragraph 1 as an association of producer organisations established in the Czech Republic under the directly applicable regulation of the European Union in the milk and milk productssector (30), provided that the legal person brings together at least two recognised producer organisations.
(4) The legal person recognised in accordance with paragraph 3 shall notify the Fund of changes to the data and documents made available to the Fund in the context of the application for recognition pursuant to paragraphs 1 and 2 within 15 days of the date on which the change occurred.
(5) The Fund shall carry out at least every three calendar years checks on the activities of a recognised association of producer organisations28).
(6) In the event that the Fund finds non-compliance by a recognised association of producer organisations, it shall invite it to remedy the errors and shall set a time limit which may not exceed 3 months from the receipt of the call. If the error is not remedied within the time limit, the Fund shall cancel recognition (29).
(7) The list of recognised associations of producer organisations shall be published by the Fund in a manner that allows remote access.
Recognition of interbranch organisation
(1) An application for recognition of an interbranch organisation in the milk and milk products sector located in the Czech Republic is submitted by a legal person who fulfils the conditions laid down by the directly applicable European Union Regulation in the milk and milk productssector (31), the Fund on its form.
(2) The application for recognition of an interbranch organisation shall include a declaration of the activity referred to in the directly applicable European Union32) of the interbranch organisation.
(3) The legal person who has been recognised as an interbranch organisation in the milk and milk products sector under the directly applicable European Union Regulation in the milk and milk productssector (33) shall notify the Fund of any amendments and additions to the data and documents made available to the Fund in accordance with the application for recognition referred to in paragraphs 1 and 2 within 15 days of their establishment.
(4) The Fund shall carry out at least once every three calendar years checks on the activities of recognised interbranch organisation33).
(5) In the event that the Fund finds non-compliance by a recognised inter-branch organisation, it shall call on it to remedy the errors and shall set a time limit which may not exceed 3 months from the receipt of the call. If the error is not remedied within the time limit, the Fund shall cancel recognition 34).
(6) The list of recognised interbranch organisations is published by the Fund in a way that allows remote access.
26) Article 126a (1) of Council Regulation (EC) No 1234 / 2007.
27) Article 65 et seq. of Council Regulation (EC) No 1234 / 2007.
28) Article 126a (4) (b) of Council Regulation (EC) No 1234 / 2007.
29) Article 126a (4) (c) of Council Regulation (EC) No 1234 / 2007.
30) Article 126a (2) of Council Regulation (EC) No 1234 / 2007.
31) Article 123 (4) of Council Regulation (EC) No 1234 / 2007.
32) Article 123 (4) (c) of Council Regulation (EC) No 1234 / 2007.
33) Article 126b (3) (b) of Council Regulation (EC) No 1234 / 2007.
34) Article 126b (3) (c) of Council Regulation (EC) No 1234 / 2007. '
11. in Article 7 (1), the second sentence is replaced by the sentence "The applicant for an increase must be an entrepreneur under the Commercial Code."
12. in Article 7 (2):
"(2) The applicant for the allocation of a new individual reference quantity of milk from the part of the reserve established for the relevant quota year in accordance with Article 6 (4) shall be:
(a) by an entrepreneur under the Commercial Code,
(b) the owner of a herd of dairy cows or heifers over 5 months of pregnancy (hereinafter referred to as "high-pregnant heifers") registered in the information system of the central livestock register 11a); if they do not own such a herd, submit the document referred to in Article 7 (4) (b);
(c) the person whose establishment treats animal products is approved and registered under another legislation (11). "
13. footnote 11b is deleted.
14. In Article 7, the following paragraph 4 is inserted after paragraph 3:
"(4) The application for the allocation of a new individual reference quantity of milk from the part of the reserve established for the relevant quota year referred to in Article 6 (4) shall be submitted by the producer (2), who has not yet been allocated an individual reference quantity of milk, by the Fund on the form issued by him at the latest 30 days before the date referred to in Article 6 (3). The application shall include:
(a) proving the supply of milk within the scope of the allocation of the individual reference quantity of milk for the quota year concerned, where producers require (2) the allocation of a new individual reference quantity of milk for deliveries;
(b) the future acquisition of dairy cows or, where appropriate, high-shore heifers, if producers (2) do not yet own such a herd. ';
Paragraphs 4 to 8 shall be renumbered paragraphs 5 to 9.
15. in Paragraph 7 (9), "paragraph 2 (d)" is replaced by "paragraph 2 (b)";
16. in Article 7a (3), "Article 7 (5)" is replaced by "Article 7 (6)";
17. in Article 7a (4), the words "with the exception of Article 7 (2) (e)" shall be deleted;
18.Paragraph 8 (6) reads:
"(6) If a producer (2) terminates or, where appropriate, interrupts milk production, it shall notify the Fund in writing without delay, except in the case of transfer of the entire individual reference quantity of milk referred to in Article 9."
19. in Paragraph 9 (1), the words "specific legislation" are replaced by the words "other legislation."
20. Paragraph 9 (2) reads:
"(2) Written confirmation of the transfer of the individual reference quantity of milk to the new producer2) The Fund shall issue, upon completion of the conditions and presentation of the documents referred to in Article 7 (2) and (4). ';
21. in Paragraph 10 (2), "once" is replaced by "twice."
22. The following Section 13a is inserted after Section 13, including the title and footnote 35:
Reports from producer organisations and associations of producer organisations
A producer organisation recognised in accordance with § 5a and an association of producer organisations recognised in accordance with § 5b shall notify the Fund of the information under the directly applicable European Union35 Regulation on forms issued by the Fund.
35) Article 2 of Commission Regulation (EU) No 511 / 2012. '
23. In Annex 1, the words "European Communities Regulations (25) 'are replaced by the words" European UnionRegulations (25) and (20) respectively';
Transitional provision
Applications initiated before the date of entry into force of this Regulation shall be completed in accordance with Government Regulation No 244 / 2004 Coll., as effective before the date of entry into force of this Regulation.
Efficacy
This Regulation shall enter into force on 3 October 2012.
Prime Minister:
RNDr. Netime v. r.
Minister for Agriculture:
Ing. Bendl v. r.
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Regulation Information
| Citation | 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 |
|---|---|
| Regulation Type | Regulation |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 24.09.2012 |
|---|---|
| Effective from | 03.10.2012 |
| Effective until | - |
| Status | Valid |
Legal Areas:
Administrative law
Agriculture
The regulation text is for informational purposes only.
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