Government Regulation No. 309 / 2012 Coll.
Government Regulation amending Government Regulation No. 318 / 2008 Coll., on the implementation of certain measures of the common organisation of the market in fruit and vegetables, as amended by Government Regulation No. 215 / 2010 Coll.
Valid
Regulation
Effective from 01.10.2012
Text versions:
01.10.2012
24.09.2012
309
GOVERNMENT REGULATION
of 19 September 2012
amending Government Regulation No 318 / 2008 Coll., on the implementation of certain measures of the common organisation of the market in fruit and vegetables, as amended by Government Regulation No 215 / 2010 Coll.
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. 318 / 2008 Coll., on the implementation of certain measures of the common organisation of the market in fruit and vegetables, as amended by Government Regulation No. 215 / 2010 Coll., is amended as follows:
1. in Sections 1, 2 (1), 3 (1) and (4), 6 (4), 7, 8 (1) and (6) and 11 (1), the words "European Communities" are replaced by the words "European Union."
2. At the end of footnote 1, the sentence "Commission Implementing Regulation (EU) No 543 / 2011 of 7 June 2011 laying down detailed rules for the application of Council Regulation (EC) No 1234 / 2007 in respect of the fruit and vegetables and processed fruit and vegetables sectors, as amended, is added. ';
3. Paragraph 2 (3) reads as follows:
"(3) The Fund shall recognise the person referred to in paragraph 1 as a producer organisation or a transnational producer organisation established in the Czech Republic under the directly applicable European Union4), provided that the person brings together at least 5 members who are not linked by staffing or property and whose minimum annual value of marketed production in the last calendar year before the application date was at least 6 000 000 Kč5). '
4. Paragraph 6 (1), including footnotes 9, 10 and 11, reads:
"(1) The application for prior recognition as a producer group with a recognition plan pursuant to a directly applicable European Union Regulation in the fruit and vegetable sector (9) shall be submitted to the Fund by the person referred to in the directly applicable European Union Regulation in the fruit and vegetable sector (10), which brings together at least 5 members, on the Fund issued by the form and in the recognition plan, in addition to the formalities laid down by the directly applicable European Union Regulation governing implementing rules in the fruit and vegetables sector (11).
(a) a full list of the activities necessary to achieve recognition and broken down into each period of implementation of the plan;
(b) the estimated cost of the activities necessary to obtain recognition.
9) Articles 103a and 125e of Council Regulation (EC) No 1234 / 2007.
10) Article 36 of Commission Implementing Regulation (EU) No 543 / 2011. Article 125e of Council Regulation (EC) No 1234 / 2007.
11) Article 37 of Commission Implementing Regulation (EU) No 543 / 2011. '
5. In Article 6, the following paragraph 3 is inserted after paragraph 2, including footnote 37:
"(3) The recognition plan may be implemented in half-yearly periods of 37).
37) Article 39 (1) of Commission Implementing Regulation (EU) No 543 / 2011. '
Paragraphs 3 to 6 shall be renumbered paragraphs 4 to 7.
6. In Article 6, the following paragraphs 5 and 6 are inserted after paragraph 4, including footnotes 38 and 39:
"(5) The recognition plans may be amended during an annual or half-yearly period without the prior approval of the Fund only if the producer group draws only aid to facilitate its administrative activity. 38). Such amendments must be communicated without delay to the Fondu39).
(6) The Fund may authorise, at the request of a producer group, an increase or reduction in the total amount of expenditure provided for in the recognition plan. The total amount of expenditure provided for in the recognition plan may be reduced by a maximum of 5% 39).
38) Article 103a (1) (a) of Council Regulation (EC) No 1234 / 2007.
39) Article 39 (2) of Commission Implementing Regulation (EU) No 543 / 2011. '
Paragraphs 5 to 7 shall be renumbered paragraphs 7 to 9.
7. In Article 6, paragraphs 10 and 11 are added, including footnote 40:
"(10) A producer group which, in two consecutive years of implementation of the recognition plan, reaches an annual value of at least CZK 6 000 000 may submit an application for recognition as a producer organisation no later than the end of the calendar year of implementation of the recognition plan, in which the annual value of marketed production was at least CZK 6 000 000.
(11) The producer cannot benefit from European Union support for producer groups for more than five years).
40) Article 36 (2) of Commission Implementing Regulation (EU) No 543 / 2011. '
8. In Article 8 (1) and (6), the words "or transnational producer organisations based in the Czech Republic 'are replaced by the words" transnational producer organisations based in the Czech Republic, associations of producer organisations or associations of transnational producer organisations based in the Czech Republic'.
(9) footnote 22 reads as follows:
"(22) Article 103c (3) of Council Regulation (EC) No 1234 / 2007."
10. In Article 8, the following paragraph 6 is inserted after paragraph 5, including footnote 41:
"(6) Paragraph 5 shall apply mutatis mutandis to associations of producer organisations and transnational associations of producer organisations based in the Czech Republic which carry out the entire operational programme of producer organisations' associations and transnational associations of producer organisations under the directly applicable European Union41.
41) Article 62 of Commission Implementing Regulation (EU) No 543 / 2011. '
Paragraphs 6 and 7 shall be renumbered paragraphs 7 and 8.
11. footnote 23 reads:
"(23) Article 103c (1) and (2) of Council Regulation (EC) No 1234 / 2007."
12. in Article 9, the words "directly applicable European Community provisions" shall be replaced by "directly applicable European Union provisions";
13. footnote 29 reads:
"(29) Article 122, first paragraph, point (c) and Article 125b of Council Regulation (EC) No 1234 / 2007. ';
Transitional provision
Proceedings initiated before the date of entry into force of this Regulation shall be completed and the rights and obligations relating thereto shall be assessed in accordance with Government Regulation No 318 / 2008 Coll., as effective before the date of entry into force of this Regulation.
Efficacy
This Regulation shall enter into force on 1 October 2012.
Prime Minister:
RNDr. Netime v. r.
Minister for Agriculture:
Ing. Bendl v. r.
Sign in for notes, favorites and notifications
Regulation Information
| Citation | Government Regulation No. 309 / 2012 Coll., amending Government Regulation No. 318 / 2008 Coll., on the implementation of certain measures of the common organisation of the market in fruit and vegetables, as amended by Government Regulation No. 215 / 2010 Coll. |
|---|---|
| Regulation Type | Regulation |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 24.09.2012 |
|---|---|
| Effective from | 01.10.2012 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
Comments 0