Government Decree No. 318 / 2008 Coll.
Government Regulation on the implementation of certain measures of the common organisation of the market in fruit and vegetables
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Regulation
Effective from 01.09.2008
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318
GOVERNMENT REGULATION
of 20 August 2008
on the implementation of certain measures of the common organisation of the market in fruit and vegetables
The Government orders pursuant to § 2b (2) of Act No. 252 / 1997 Coll., on Agriculture, as amended by Act No. 128 / 2003 Coll. and Act No. 441 / 2005 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.:
Subject matter
This Regulation lays down the conditions for the implementation of certain measures of the common organisation of the market in fruit and vegetables following directly applicable European Union1.
Recognition of producer organisations or transnational producer organisations
(1) A request to be recognised as a producer organisation or a transnational producer organisation established in the Czech Republic shall be made by a cooperative or limited liability company meeting the conditions laid down in the directly applicable provisions of the European Union in the fruit and vegetables sector (2), the State Agricultural Intervention Fund (hereinafter referred to as the Fund), on the form issued by it.
(2) The application shall be accompanied by:
(a) a copy of the applicable statutes of the organisation;
(b) proof that the applicant brings together at least five producers from the date of application (42) who are not linked by staff and each of them
1. is an agricultural entrepreneur,
2. has registered agricultural land with a type of agricultural culture standard arable land or fruit orchards in the land use register according to user relations; and
3. Cultures at least 1 year before the application, the products for which the producer organisation is recognised,
(c) proof that the annual value of marketed production, to which all the producers which the applicant brings together are involved in the last calendar year preceding the application date, was at least 6 000 000 Kč5),
(d) proof that the proportion of marketed production by one producer of the applicant in the total marketed production by all producers of the applicant for the last calendar year before the date of application is less than 80%; and
(e) information on commercial and budgetary management54) as set out in Annex 5 to this Regulation;
(f) in the case of cultivation of crops where the root system of plants is not in direct contact with the agricultural land registered in the land use register according to user relations, proof of the legal reason for the use of the land by the producer.
(3) The Fund shall issue a decision on the recognition of a producer organisation or a transnational producer organisation established in the Czech Republic under the directly applicable European Union4) if the applicant fulfils the conditions laid down in paragraphs 1 and 2.
(4) The producer organisation or transnational producer organisation shall notify the Fund of any changes and additions to the data and documents made available to the Fund in connection with the application for recognition referred to in paragraphs 1 and 2, and of any changes related to the mutual staff links of the members, within 15 days of their establishment.
(5) Producer organisations and transnational producer organisations established in the Czech Republic shall ensure that the conditions laid down in paragraphs 1 and 2 are fulfilled throughout the period.
Recognition for associations of producer organisations or transnational associations of producer organisations
(1) A request to be recognised as an association of producer organisations or a transnational association of producer organisations established in the Czech Republic shall be made by a person who fulfils the conditions laid down in the directly applicable provisions of the European Union in the fruit and vegetables sector (6), the Fund on the form issued by him.
(2) The application shall be accompanied by:
(a) a copy of the existing statutes of the Association;
(b) proof of the number of members which shows that it brings together at least two members.
(3) The person referred to in paragraph 1 shall also accompany the application with documents proving that its members established in other Member States have been recognised as a producer organisation by the competent authorities of the Member States in whose territory they are situated.
(4) The Fund shall recognise the person referred to in paragraph 1 as an association of producer organisations or a transnational association of producer organisations established in the Czech Republic under the directly applicable European Union rules governing the common organisation of the markets and implementing rules in the fruit and vegetables sector (6).
(5) The person who has been recognised in accordance with paragraph 4 shall notify the Fund of any amendments and additions to the data and documents provided to the Fund in connection with the application for recognition referred to in paragraphs 1 and 2 within 15 days of their establishment.
Amount of voting rights and share of a member of a producer organisation
The proportion of the voting rights of all members of the producer organisation may not exceed 30% per member. The maximum share of one member in a producer organisation must be less than 50% of the shares of 7) of all members in a producer organisation.
Withdrawal from a producer organisation, a transnational producer organisation, an association of producer organisations or a transnational association of producer organisations
The period of notice for the presentation (8) of a member from a producer organisation or a transnational producer organisation having its registered office in the Czech Republic, recognised under Article 2, shall be 3 months and shall begin on the first day of the calendar month following receipt of the notice of withdrawal by the relevant producer organisation or transnational producer organisation having its registered office in the Czech Republic; the withdrawal shall take effect by the expiry of that period. The adjustment according to the first sentence shall apply mutatis mutandis to the withdrawal of a member from an association of producer organisations or from a transnational association of producer organisations established in the Czech Republic which has been recognised under Article 3.
Maximum production share of a producer organisation member for direct sale
A member of a producer organisation shall be entitled to sell no more than 10% of its production in a manner which provides for the directly applicable European Union regulation on the common organisation of markets (17).
Operational Fund and Operational Programme
(1) The application for approval of the operational programme and the communication on the operational fund under the directly applicable European Union18 regulations), including the method of calculating the operational fund volume, shall be submitted by the producer organisation, the transnational producer organisation established in the Czech Republic, the association of producer organisations or the association of transnational producer organisations established in the Czech Republic of the Fund on the form issued by it.
(2) Proof of the establishment of the operational fund means a copy of the bank account contract in which the funds of the operational fund will be deposited.
(3) The operational programme may be amended during one calendar year without the prior approval of the Fondem19) only if the total value of the amendments does not exceed 10% of the value of the operational fund approved by the Fund for that year. This amendment may concern only approved measures and actions of the operational programme.
(4) An amendment to the operational programme during a year in excess of the value referred to in paragraph 3 may be made only on approval by the Fund. The Fund shall approve this amendment if the proposed amendment does not entail the deletion or material change of the content of the approved objectives of the operational programme20). The value of the reduction of operational fund funds shall not exceed 25% of the amount initially authorised (21). The request for such amendment shall be made by the person referred to in paragraph 1 of the Fund on the form issued by him by 15 November of the year in which the change is made.
(5) If the total expenditure on environmental measures of a producer organisation or transnational producer organisation based in the Czech Republic does not reach at least 10% of the expenditure of an operational programme approved by the Fund, the producer organisation or transnational producer organisation based in the Czech Republic shall include at least 2 environmental measures in its operational programme (22) from the list set out in Annex 1 to this Regulation. If a producer organisation or a transnational producer organisation based in the Czech Republic (36)
(a) implement only one environmental measure included in the approved operational programme, return to the Fund 20% of the support granted to the relevant operational programme;
(b) implement no environmental measure included in the approved operational programme, recover 30% of the aid granted to the relevant operational programme;
(c) not spend at least 10% of the expenditure under the approved operational programme on environmental measures; return to the Fund 30% of the support granted to the relevant operational programme.
(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.
(7) The list of measures for operational programm43) producer organisations, transnational producer organisations based in the Czech Republic, associations of producer organisations or associations of transnational producer organisations based in the Czech Republic, which can be used to achieve the objectives of the directly applicable European Union23) is set out in Annex 2 to this Regulation.
(8) Producer organisations or transnational producer organisations located in the Czech Republic shall submit an application for payment of part of the aid for expenditure resulting from an operational programme 24) The fund on the form issued by it, for expenditure incurred in the first half of the year concerned, until the end of July of the same year.
(9) The producer organisation may submit to the Fund, on a form issued by it, an application for an amendment to the operational programme for the following years, not later than 15 September 56) of the year preceding the amendment to the operational programme.
(10) The 12-month reference period referred to in Article 23 (1) of Commission Delegated Regulation (EU) 2017 / 891 shall start not earlier than 1 January of the third year preceding the year for which aid is requested and shall end not later than 31 December of the year preceding the year for which aid is requested.
Crisis prevention measures
(1) The following crisis prevention measures are not applicable in the Czech Republic (25):
(a) investments ensuring more efficient management of the quantities marketed; and
(b) supporting the administrative costs of setting up mutual funds.
(2) Producer organisations, associations of producer organisations, transnational producer organisations or transnational associations of producer organisations shall notify the Fund of all planned withdrawals, green harvesting or non-harvesting, no later than 7 calendar days before 44).
(3) Producer organisations, associations of producer organisations, transnational producer organisations or transnational associations of producer organisations will deliver fruit and vegetables withdrawn from the market free of charge to:
(a) a home for seniors, a home for people with disabilities, a home with a special regime, protected housing, an asylum home, a therapeutic community or a social therapy workshop under the Social Services Act;
(b) primary or secondary schools under the Education Act;
(c) a school establishment for the performance of constitutional education or protection education or a school establishment for preventive education under the Law on the performance of constitutional education or protective education in educational establishments and on preventive educational care in educational establishments; or
(d) a bed care facility under the Health Services Act.
(4) A producer organisation, an association of producer organisations, a transnational producer organisation or a transnational association of producer organisations may also deliver fruit and vegetables withdrawn from the market to a processor who will only use the products withdrawn from the market in a non-food processing facility for energy purposes with the exception of alcohol production (46).
(5) Producer organisations, associations of producer organisations, transnational producer organisations or transnational associations of producer organisations may deliver products withdrawn from the market for feeding to zoos.
(6) The maximum amount of aid for market withdrawals for products not listed in Annex IV to Commission Delegated Regulation (EU) No 2017 / 891 is set out in Annex 6 to this Regulation.
(7) The harvesting or non-harvesting of unripe fruit and vegetables may not be carried out for products for which the harvest period lasts for more than one month, provided that at least 70% of production57 has already been harvested).
Internal transport costs
Only internal transport costs within the territory of the Czech Republic within 300 km26 may be included in the basis for calculating the value of marketed production.
Conditions for the membership of certain persons in a producer organisation and the conduct of external activities
(1) A person who is not a producer under the directly applicable European Union27 may be accepted as a member of a producer organisation (28), provided that the subject matter of his activity complies with the requirements and objectives set out in the directly applicable European Union29), and
(a) a member who produces products within the fruit and vegetables sector; or
(b) a member who, by his membership of a producer organisation, serves to carry out his or her tasks, other than those referred to in (a).
(2) The person referred to in paragraph 1 has no right to co-decide on the management of the operational funding30) of the producer organisation concerned.
(3) A person who is not a producer under the directly applicable European Union27) and is engaged exclusively in trade in fruit and vegetables cannot be a member of a producer organisation.
(4) The implementation of the activities outsourced may be carried out by producer organisations under contract under the directly applicable European Union61 law) submitted to the Fund.
Reduction of aid and withdrawal of recognition of a producer organisation or a transnational producer organisation
(1) If the Fund finds that a recognised producer organisation or a transnational producer organisation based in the Czech Republic does not fulfil the condition laid down in paragraphs 2 (2) (d), 7 or 11 (1), (2) or (3) of Article 11, it will reduce the annual amount of aid for the calendar year in which the infringement occurred by 5%.
(2) If the Fund finds that a recognised producer organisation or a transnational producer organisation based in the Czech Republic has repeatedly failed to fulfil the condition laid down in Paragraph 2 (2) (d) in 2 consecutive calendar years, it shall reduce the aid amount for the second calendar year in which the infringement occurred by 50%.
(3) If the Fund finds that a recognised producer organisation or a transnational producer organisation based in the Czech Republic has repeatedly failed to fulfil the condition laid down in Paragraph 2 (2) (d) in three consecutive calendar years, it shall withdraw recognition of the producer organisation or transnational producer organisation based in the Czech Republic.
Specific provisions
A request pursuant to Articles 2 (1), 3 (1) and 8 (1) may not be submitted to the Fund for a period beginning in 2023 and thereafter.
Transitional provisions
(1) The decisions of the Fund on recognition or prior recognition as a producer organisation, association of producer organisations, transnational producer organisation or transnational association of producer organisations, issued under the current legislation32) remain in force; Council Regulation (EC) No 1234 / 2007 in its current version 33) shall apply to the persons to whom decisions have been given.
(2) If a producer organisation or a transnational producer organisation with its registered office in the Czech Republic intends to submit an application to the Fund for approval of an operational programme in calendar year 2008, it shall deliver the application to the Fund on the form issued by it by 31 October 200834).
(3) The procedure for recognition as a producer organisation or as an association of producer organisations or for prior recognition as a producer group, initiated under existing legislation, shall be completed in accordance with those rules.
Repeal
Government Regulation No. 247 / 2004 Coll., on the implementation of certain measures by common organisations of the market in fruit and vegetables and processed fruit and vegetable products, is repealed.
Efficacy
This Regulation shall enter into force on 1 September 2008.
Prime Minister:
Ing. Topolánek v. r.
Minister for Agriculture:
Mgr. Gandalovich v. r.
Příloha č. 1
Annex No. 1 to Government Decree No. 318 / 2008 Coll.
List of environmental measures referred to in Article 8 (5)
| Environmentální opatření | Druh akce | Požadavky | ||
|---|---|---|---|---|
| č. | Název | č. | Popis | |
| 1. | Zvýšení přirozené úrodnosti půdy | 1.1. | Nákup mulčovačů, drtičů větví | Zvýšení obsahu organické hmoty v půdě a podpora biologického života v půdě |
| 2. | Protierozní opatření a opatření k šetrnému hospodaření s vodou v krajině | 2.1. | Zatravnění sadů | Zamezení eroze na svažitých pozemcích |
| 2.2. | Investice do závlahových zařízení, kromě hlavních závlahových zařízení | Snížení spotřeby vody a snížení vodní eroze vybudováním kapkové závlahy nebo mikropostřiku o nejméně 25 % | ||
| 3. | Zvýšení biodiverzity | 3.1. | Introdukce organizmů pro opylování s výjimkou včel | Zvýšení počtu živočichů opylujících rostliny s výjimkou včel |
| 4. | Ekologické zemědělství | 4.1. | Výsadby ekologických sadů | Podpora způsobů hospodaření šetrných k životnímu prostředí, snížení používání prostředků na ochranu a hnojení rostlin |
| 5. | Poradenství, školení | 5.1. | Organizace školení k opatřením Vnitrostátního rámce ČR sektoru ovoce a zelenina pro operační programy organizací producentů | Zvýšit úroveň znalostí producentů o vybraných opatřeních Vnitrostátního rámce ČR sektoru ovoce a zelenina pro operační programy organizací producentů |
| 6. | Podpora nechemických metod ochrany | 6.1. | Použití biologických, včetně výživy pro predátory, fyzikálních a mechanických metod ochrany | Snížení zátěže životního prostředí způsobené použitím prostředků chemické ochrany, zajištění přirozené biodiverzity k podpoře užitečných organizmů |
| 6.2. | Netkané textilie na pokrytí porostu | Snížení chemické ochrany, mechanické zabránění náletu škodlivého hmyzu, snížení eroze | ||
| 7. | Opatření na zmírnění klimatických změn | 7.1. | Výměna starých chladicích systémů | Snížení zatížení životního prostředí (zvýšení účinnosti chladicího systému) o nejméně 25 % |
| 7.2. | Tepelná izolace objektů pro skladování a posklizňovou úpravu | Snížení spotřeby energie o nejméně 25 % | ||
Příloha č. 2
Annex No 2 to Government Regulation No 318 / 2008 Coll.
List of measures for the operational programme referred to in Section 8 (7)
1) Measure 1 - Production planning
(a) expenditure on the acquisition of computer and office equipment;
(b) expenditure on the acquisition of software; or
(c) personnel costs related to production planning (e.g. estimates, harvest dates, consistency between demand and supply, market research).
2) Measure 2 - Quality of production
(a) expenditure related to the acquisition of soil preparation technologies;
(b) expenditure relating to the acquisition of plant treatment technologies;
(c) expenditure relating to the acquisition of plant harvesting technologies;
(d) expenditure related to the acquisition of technologies for transporting production for post-harvest treatment or processing;
(e) expenditure relating to the acquisition of greenhouses or folio covers or equipment for greenhouses;
(f) personnel costs resulting from measures to improve and maintain high quality,
(g) expenditure relating to the acquisition of transport equipment maintaining the quality of production;
(h) expenditure relating to the building of network and folio cover systems;
(i) expenditure related to the acquisition of quality monitoring equipment and machinery;
(j) expenditure on the acquisition of hygiene-enhancing facilities and the quality of storage facilities;
(k) expenditure related to the acquisition of technologies that prolong the durability of production;
(l) expenditure relating to product certification and safety;
(m) expenditure associated with grafting plants for outdoor, field and indoor production, eligible expenditure is the difference between ungrafted and grafted plants; only plant grafting is eligible expenditure; or
(n) expenditure on the acquisition of software.
3) Measure 3 - Production disposal
(a) expenditure relating to the acquisition of technologies for post-harvest production arrangements;
(b) expenditure relating to the acquisition of technology for sorting or packaging of production;
(c) expenditure relating to the modification or construction of storage and handling facilities;
(d) expenditure relating to the certification of the management process;
(e) hire or hire of storage and handling premises as an effective substitute for the construction of new warehouses;
(f) personnel costs and investments resulting from measures to improve the level of marketing of goods;
(g) expenditure on active marketing;
(h) personnel costs resulting from measures to increase the concentration of supply;
(i) expenditure incurred in increasing the added value of production;
(j) expenditure relating to the promotion of the brand name of a producer organisation or association of producer organisations, where appropriate;
(k) expenditure on promoting good eating habits;
(l) expenditure relating to the promotion of quality marks; or
(m) expenditure relating to the processing of own production.
4) Measure 4 - Education and training
(a) actions linked to the acquisition of expert information on integrated production and organic farming;
(b) actions linked to the acquisition of expert information on environmental topics;
(c) actions linked to the acquisition of expert information on disease and pest control, product quality;
(d) actions relating to the acquisition of expert information on traceability of products;
(e) actions linked to the acquisition of expert information on the improvement and maintenance of high quality production; or
(f) advisory activities to ensure a high quality of production.
5) Measure 5 - Crisis prevention and resolution
(a) expenditure linked to ensuring the stability of the business environment by means of insurance support up to 80%, provided that the insurance contract contains the amount of expenditure for a recognised type of fruit or vegetables;
(b) expenditure on promotion to increase the consumption of fruit and vegetables at the time of the use of measures relating to crisis prevention, with the visible flag of the European Union and the text "Campaign financed with the support of the European Union,"
(c) expenditure relating to the replanting of orchards with regard to compulsory grubbing-up for health or phytosanitary reasons; or
(d) expenditure relating to withdrawals, green harvesting or non-harvesting.
6) Measure 6 - Environmental measures under § 8 (5)
Příloha č. 5
Annex No 5 to Government Regulation No 318 / 2008 Coll.
Information on the commercial and budgetary management of the producer organisation
A. Information on the commercial management of the producer organisation
Information on the commercial management of the producer organisation shall include in particular:
1. the division of products into groups for direct sales and storage;
2. establishing the rights and obligations of members to the producer organisation (may be the content of the organisation's statutes),
3. establishing the rights and obligations of the producer organisation to members (may be the content of the statutes of the organisation),
4. the rules governing the supply of products to the producer organisation and the sale of products, in particular a description of the following activities:
(a) acceptance of products between a member of a producer organisation and storage, the acceptance process, including the establishment of a procedure where the products do not comply with a standard suitable for storage;
(b) the storage and sorting process, the reimbursement of storage costs, the keeping of daily storage records, the proper marking of the products before storage, the keeping of stock cards, the laying down of mandatory rules for the classification of the products in quality classes;
(c) ensuring the transport of products from the grower to the destination or point of sale; and
(d) ensuring that products are prepared for dispatch and sold.
B. Information on the budgetary management of the producer organisation
The information on the budgetary management of the producer organisation shall include in particular:
1. a description of the circulation of the document when the products are delivered to the producer organisation (tax documents),
2. financial flows, determination of the contribution of a member of a producer organisation from the volume of each supply to the operational fund, time limit for payment of supply to a member of the producer organisation,
3. a description of the handling of the products in storage, the reimbursement of storage costs, any losses; and
4. the procedure for the application of objections by a member of a producer organisation.
Příloha č. 6
Annex No 6 to Government Regulation No 318 / 2008 Coll.
Maximum aid for withdrawal from the market for products referred to in Article 9 (5)
| Produkt | Maximální podpora (Kč/t) | |
|---|---|---|
| Bezplatné rozdělení | Jiné určení produktů | |
| Třešně | 14 530 | 10 898 |
| Višně | 4 870 | 3 652 |
| Švestky, slívy | 4 227 | 3 170 |
| Jahody | 22 437 | 16 828 |
| Rybíz červený | 3 429 | 2 571 |
| Rybíz černý | 5 332 | 3 999 |
| Mrkev | 2 475 | 1 857 |
| Cibule | 2 527 | 1 895 |
| Okurky salátové | 7 334 | 5 501 |
| Papriky | 8 522 | 6 391 |
| Salát | 11 706 | 8 779 |
| Brokolice | 10 800 | 8 100 |
| Kedluben | 8 651 | 6 488 |
| Kapusta | 3 839 | 2 879 |
| Ředkvičky | 10 568 | 7 926 |
| Hlávkové zelí bílé | 2 007 | 1 505 |
| Hlávkové zelí červené | 2 727 | 2 045 |
1) 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. Regulation (EU) No 1308 / 2013 of the European Parliament and of the Council of 17 December 2013 establishing a common organisation of the markets in agricultural products and repealing Council Regulations (EEC) No 922 / 72, (EEC) No 234 / 79, (EC) No 1037 / 2001 and (EC) No 1234 / 2007, as amended. Commission Delegated Regulation (EU) 2017 / 891 of 13 March 2017 supplementing Regulation (EU) No 1308 / 2013 of the European Parliament and of the Council with regard to the fruit and vegetables and processed fruit and vegetables sectors and supplementing Regulation (EU) No 1306 / 2013 of the European Parliament and of the Council with regard to penalties applicable in those sectors and amending Commission Implementing Regulation (EU) No 543 / 2011 as amended. Commission Implementing Regulation (EU) 2017 / 892 of 13 March 2017 laying down detailed rules for the application of Regulation (EU) No 1308 / 2013 of the European Parliament and of the Council as regards the fruit and vegetables and processed fruit and vegetables sectors, as amended.
2) Article 125b of Council Regulation (EC) No 1234 / 2007. Article 22 of Commission Regulation (EC) No 1580 / 2007.
(4) Article 154 of Regulation (EU) No 1308 / 2013 of the European Parliament and of the Council, as amended.
(5) Article 154 (1) (b) of Regulation (EU) No 1308 / 2013 of the European Parliament and of the Council, as amended.
6) Article 125c of Council Regulation (EC) No 1234 / 2007. Article 34 of Commission Regulation (EC) No 1580 / 2007.
7) Article 31 of Commission Implementing Regulation (EU) No 543 / 2011, as amended.
8) Article 24 (2) of Commission Regulation (EC) No 1580 / 2007.
12) Article 41 (1) of Commission Regulation (EC) No 1580 / 2007.
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Regulation Information
| Citation | Government Regulation No. 318 / 2008 Coll., on the implementation of certain measures of the common organisation of the market in fruit and vegetables |
|---|---|
| Regulation Type | Regulation |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 29.08.2008 |
|---|---|
| Effective from | 01.09.2008 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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