Government Regulation No. 317 / 2012 Coll.
Government Regulation laying down the form of proof of origin for certain types of alcohol, spirits and certain types of spirit drinks
Valid
Regulation
Effective from 27.09.2012
Text versions:
27.09.2012
317
GOVERNMENT REGULATION
of 26 September 2012
laying down the form of proof of origin for certain types of alcohol, spirits and certain types of spirit drinks
The Government mandates for the implementation of Act No. 61 / 1997 Coll., on the Lime and Amendment to Act No. 455 / 1991 Coll., on Trade Business Act (Trade Trade Act), as amended, and Act No. 587 / 1992 Coll., on Consumer Taxes Act No. 146 / 2002 Coll., as amended, Act No. 75 / 2006 Coll., Act No. 37 / 2008 Coll., Act No. 281 / 2009 Coll., Act No. 95 / 2011 Coll., Act No. 375 / 2011 Coll., Act No. 18 / 2012 Coll., and Act No. 110 / 1997 Coll.
Subject matter
(1) This Regulation establishes, following the directly applicable regulation of the European Union1) a form of proof of origin2) alcohol for food purposes, distillate and spirits containing at least 20% by volume ethanol or more.
(2) This Regulation shall apply to:
(a) alcohol of agricultural origin under Regulation (EC) No 110 / 2008 of the European Parliament and of the Council, as amended,
(b) distillate of agricultural origin pursuant to Regulation (EC) No 110 / 2008 of the European Parliament and of the Council, as amended;
(c) spirit drinks covered by Regulation (EC) No 110 / 2008 of the European Parliament and of the Council, as amended, with an ethanol content of 20% or more by volume or more.
(3) This Regulation shall not apply to spirit drinks of an ethanol content of 20% or more by volume or more produced before 1 January 2012. The date of manufacture of a spirit drink containing at least 20% by volume ethanol or more shall be demonstrated by the food business operator.
Form of proof of origin
The form of proof of origin for alcohol for food purposes, distillate and spirits containing at least 20% by volume of ethanol or more is set out in the Annex to this Regulation.
Treatment of proof of origin
(1) An operator of a food business which has produced alcohol or distillate on the territory of the Czech Republic shall issue a declaration of origin in accordance with Part 1a of the Annex to this Regulation, which includes a test report from an accredited laboratory established in the territory of a Member State of the European Union or a Contracting Party to the European Economic Area (hereinafter referred to as "accredited laboratory"). A copy of this declaration, printed with a stamp and signature of the responsible person or in electronic form, shall be transmitted to each customer who is the operator of the food business by means of paper means.
(2) An operator of a food business which has imported alcohol or distillate produced outside the Czech Republic shall issue a declaration of origin in accordance with Part 1b of the Annex to this Regulation, which includes a test report from an accredited laboratory. A copy of this declaration, printed with a stamp and signature of the responsible person or in electronic form, shall be transmitted to each customer who is the operator of the food business by means of paper means.
(3) The food business operator who has imported a spirit drink produced outside the Czech Republic shall issue a declaration of origin in accordance with Part 1c of the Annex to this Regulation. A copy of this declaration, printed with a stamp and signature of the responsible person or in electronic form, shall be transmitted to each customer who is the operator of the food business by means of paper means.
(4) The food business operator who has produced a spirit drink on the territory of the Czech Republic shall issue a declaration of origin as referred to in Part 2 of the Annex to this Regulation, including a copy of the declaration referred to in Part 1a or 1b of the Annex to this Regulation, including a copy of the test report from an accredited laboratory and, where appropriate, in Part 3a of the Annex to this Regulation. A copy of this declaration, printed with a stamp and signature of the responsible person or in electronic form, shall be transmitted to each customer who is the operator of the food business by means of paper means.
(5) The food business operator which has passed the alcohol or distillate to another food business operator shall issue a declaration of origin as referred to in Part 3a of the Annex to this Regulation, including a copy of the declaration referred to in Part 1a or 1b, including a copy of the test report from the accredited laboratory and, where appropriate, in Part 3a of the Annex to this Regulation. A copy of this declaration, printed with a stamp and signature of the responsible person or in electronic form, shall be transmitted to each customer who is the operator of the food business by means of paper means. This shall not apply to food business operators who have passed on alcohol or distillate to another food business operator in accordance with the procedure referred to in paragraph 1 or 2.
(6) The food business operator who has passed the spirit drink to another food business operator shall issue a declaration of origin as referred to in Part 3b of the Annex to this Regulation, including a copy of the declaration referred to in Part 1a or 1b, including a copy of the test report from an accredited laboratory and, where applicable, in Part 3a of the Annex to this Regulation, and in Part 2 and, where applicable, in Part 3b of the Annex to this Regulation, or a copy of the declaration referred to in Part 1c and, where appropriate, in Part 3b of the Annex to this Regulation. A copy of this declaration, printed with a stamp and signature of the responsible person or in electronic form, shall be transmitted to each customer who is the operator of the food business by means of paper means. This shall not apply to food business operators who have passed on the spirit drink to another food business operator in accordance with the procedure laid down in paragraph 3 or 4.
Common provision
This Regulation was notified in accordance with Directive 98 / 34 / EC of the European Parliament and of the Council of 22 June 1998 laying down a procedure for the provision of information in the field of technical standards and regulations and of rules on information society services, as amended.
Transitional provision
The origin of alcohol for food purposes, distillate and spirits containing at least 20% by volume of ethanol or more put into circulation by the date of entry into force of this Regulation shall be demonstrated in the manner laid down in this Regulation not later than 60 days after the date of entry into force of this Regulation.
Efficacy
This Regulation shall enter into force on the day of its publication.
Prime Minister:
RNDr. Netime v. r.
Minister for Agriculture:
Ing. Bendl v. r.
Annex to Government Regulation No 317 / 2012 Coll.
Form of proof of origin for food, spirits and spirits containing at least 20% by volume of ethanol or more
1) Regulation (EC) No 178 / 2002 of the European Parliament and of the Council of 28 January 2002 laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety, as amended. Regulation (EC) No 882 / 2004 of the European Parliament and of the Council of 29 April 2004 on official controls performed to ensure the verification of compliance with feed and food law, animal health and animal welfare rules, as amended.
2) Article 13 (2) of Act No. 61 / 1997 Coll., on Lime and on Amendment and Addition to Act No. 455 / 1991 Coll., on Business Business (Trade Act), as amended, and Act No. 587 / 1992 Coll., on Consumer Taxes, as amended, (Lime Act), as amended. Article 11 (2) (c) of Act No. 110 / 1997 Coll., on Food and Tobacco Products and amending and supplementing certain related acts, as amended.
3) Act No. 227 / 2000 Coll., on electronic signature and amending certain other laws (Act on electronic signature), as amended.
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Regulation Information
| Citation | Decree No. 317 / 2012 Coll. |
|---|---|
| Regulation Type | Regulation |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 27.09.2012 |
|---|---|
| Effective from | 27.09.2012 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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