Government Decree No 322 / 2020 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, and certain related government regulations
Valid
Regulation
Effective from 01.08.2020
322
GOVERNMENT REGULATION
of 13 July 2020
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, and certain related government regulations
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., Act No. 291 / 2009 Coll. and Act No. 179 / 2014 Coll.:
Amendment of the Government Regulation on the implementation of certain measures of the common organisation of the market in fruit and vegetables
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., Government Regulation No. 309 / 2012 Coll., Government Regulation No. 179 / 2015 Coll., Government Regulation No. 327 / 2015 Coll., Government Regulation No. 341 / 2016 Coll. and Government Regulation No. 425 / 2017 Coll., is amended as follows:
1. In footnote 1, the first and second sentences are deleted, the words "as amended 'are added at the end of the third sentence and the sentence" 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' is added.
2. In Paragraph 2 (1), "legal person 'is replaced by" cooperative or limited liability company'.
3. in Articles 2 (2) (a), 3 (2) (a) and 8 (2), the words "original or officially certified" shall be deleted;
4. in Article 2 (2) (b):
"(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; '.
5. in Paragraph 2 (2) (d), "50" is replaced by "80."
6. In Article 2, at the end of paragraph 2, the dot is replaced by a comma and the following point (f) is added:
"(f) in the case of cultivation of crops where the root system of plants is not in direct contact with 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."
7. Paragraph 2 (3) reads as follows:
"(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. ';
8. In Article 2 (4), the words "and amendments relating to the mutual personnel interconnection of members' shall be inserted after the words" 2 '.
9. Paragraph 2 (5) reads as follows:
"(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."
footnote 55 is deleted.
10. in Article 3 (2) (a), the word "organisation" is replaced by the word "association."
11. in Paragraph 4, "20" is replaced by "30."
12. In Article 5, the words "or from a transnational producer organisation 'are replaced by the words", from a transnational producer organisation, from an association of producer organisations or from a transnational association of producer organisations'.
13. in Article 5, the words "6 months" are replaced by the words "3 months" and at the end of the paragraph, the sentence "The adaptation 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."
14. in Article 8 (4), the words "during the year" shall be inserted after the words "Amendment to the operational programme."
15. Paragraph 8 (8), including footnote 24, reads:
"(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.
24) Article 12 of Commission Implementing Regulation (EU) 2017 / 892, as amended. ';
16. In Article 8, the following paragraph 10 is added:
"(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. ';
17. Paragraph 11, including the title and footnotes 27 to 30 and 61, reads as follows:
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.
(27) Article 2 (a) of Commission Delegated Regulation (EU) 2017 / 891.
28) Article 16 (1) of Commission Delegated Regulation (EU) 2017 / 891.
(29) Article 152 (1) (c) and Article 154 of Regulation (EU) No 1308 / 2013 of the European Parliament and of the Council, as amended.
30) Article 16 (3) of Commission Delegated Regulation (EU) 2017 / 891.
61) Article 13 of Commission Delegated Regulation (EU) 2017 / 891 Article 155 of Regulation (EU) No 1308 / 2013 of the European Parliament and of the Council. '
18. Paragraph 11a, including the title, reads:
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 comply with the condition laid down in Paragraph 2 (2) (d) in three consecutive calendar years, it shall withdraw recognition from the producer organisation or transnational producer organisation based in the Czech Republic. "
footnotes 47 to 50 are deleted.
19. Sections 11b and 11c are deleted, including the headings and footnotes Nos 51 to 53 and 58 to 60.
20. In Annex No 2, point 5, at the end of point (a), the words "provided that the insurance contract contains the amount of expenditure for a recognised type of fruit or vegetables' shall be added.
21. In Annex 2, point 5, at the end of point (b), the words "the printed promotional material shall contain a visible flag of the European Union and the text" Campaign financed with the support of the European Union. "'
22. Annexes 3, 4 and 7 are deleted.
23. In Annex 5, point (b) is replaced by the following: And point 4 is:
'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. "
24. In Annex 5, point (b) is replaced by the following: in point 1, "goods' is replaced by" products';
Transitional provisions
1. Applications for aid initiated pursuant to Government Regulation No. 318 / 2008 Coll., as effective before the date of entry into force of this Regulation, shall be completed in accordance with Government Regulation No. 318 / 2008 Coll., as effective before the date of entry into force of this Regulation.
2. Producer organisations or transnational producer organisations located in the Czech Republic recognised pursuant to § 2 of the Government Regulation No. 318 / 2008 Coll., as effective before the date of entry into force of this Regulation, shall comply with the condition set out in § 2 (2) (d) of the Government Regulation No. 318 / 2008 Coll., as effective from the date of entry into force of this Regulation, as from 1 January 2023.
Amendment of the Government Regulation on certain conditions for implementing the common organisation of the market in milk and milk products
Government Regulation No 282 / 2014 Coll., on certain conditions for implementing the common organisation of the market in milk and milk products, as amended by Government Regulation No 314 / 2016 Coll., is amended as follows:
1. In the second sentence of footnote 1, the words "as amended 'are deleted; the last sentence is deleted and the sentence" Commission Implementing Regulation (EU) 2019 / 1746 of 1 October 2019 amending Implementing Regulation (EU) 2017 / 1185 laying down detailed rules for the implementation of Regulations (EU) No 1307 / 2013 and (EU) No 1308 / 2013 of the European Parliament and of the Council as regards the notification of information and documents to the Commission' is added.
2. Paragraph 3 (1) reads as follows:
"(1) The registered first buyer shall notify the Fund on the form issued by him within 10 days of the end of each calendar month
(a) the total quantity of raw milk from conventional farming expressed in kilograms delivered to it by individual producers for each calendar month and their identification details;
(b) the total quantity of organic raw milk, expressed in kilograms delivered to it by individual producers for each calendar month and their identification details;
(c) the fat and protein content by weight of the total quantity of raw milk delivered, converted into two decimal places;
(d) a list of processors engaged in the treatment and processing of raw milk delivered by him, indicating the quantities of raw milk which he has further sold to those processors;
(e) the total invoiced amount excluding value added tax, rounded up in whole numbers for deliveries of raw milk delivered to it by producers for each calendar month; and
(f) the total invoiced amount, excluding value added tax, rounded up in whole numbers for deliveries of raw milk from farming under the organic farming scheme delivered to it by producers for each calendar month. "
3. In Article 3 (3), the words "the quantity of raw milk delivered to him each month and to processors of raw milk sold by him 'are replaced by the words" the particulars referred to in paragraph 1' and the words "3 'are replaced by" 4'.
4. In Article 3, paragraphs 5 and 6 are added, including footnotes 23 and 24:
"(5) In accordance with Regulation European Union23) The Fund shall carry out an on-the-spot check on the registered first buyer at least once every 4 years to verify that the registered first buyer complies with the conditions set out in paragraph 1 and the European Union24).
(6) The Fund will decide to cancel the registration to the first buyer, unless it purchases raw cow milk from producers for 12 consecutive months and carries out the activity for which it was registered.
(23) Point 8 of Annex III to Commission Implementing Regulation (EU) 2017 / 1185 of 20 April 2017 laying down detailed rules for the application of Regulations (EU) No 1307 / 2013 and (EU) No 1308 / 2013 of the European Parliament and of the Council as regards notification of information and documents to the Commission and amending and repealing several Commission Regulations, as amended.
24) Article 151 of Regulation (EU) No 1308 / 2013 of the European Parliament and of the Council. Annex III, point 8, Commission Implementing Regulation (EU) 2017 / 1185, as amended. ';
5. In Articles 4 (8) and 5 (7), "2 'is replaced by" 4'.
6. In Article 4, paragraphs 9 and 10 are added, including footnote 25:
"(9) The producer organisation and the transnational producer organisation shall, throughout the period of recognition, comply with the rules on its activity laid down in this Regulation and in European Union25).
(10) The recognised producer organisation shall keep documents relating to recognition and documents related to its activities under the European Union6 Code for at least 4 years from the end of the year in which they were issued.
25) Articles 149 and 161 of Regulation (EU) No 1308 / 2013 of the European Parliament and of the Council, as amended. Article 2 of Commission Implementing Regulation (EU) No 511 / 2012. ';
7. In Article 5, paragraphs 8 and 9 are added:
"(8) The association of producer organisations shall respect the rules on its activity laid down in this Regulation and in Regulation (EU) No 25) throughout the recognition period.
(9) The recognised association of producer organisations shall keep documents relating to recognition and documents relating to its activities under the European Union10 Code for at least 4 years from the end of the year in which they were issued. ';
8. In footnote 21, "§ 27a (1) (e) 'is replaced by" § 22 (1) (a)'.
9. In Paragraph 9 (1), the words "15 days after the end of each calendar month 'are replaced by the words" 31 January' and the words "for the previous calendar year 'are added after the words" sales'.
10. in Paragraph 9 (2), the word "monthly" shall be deleted;
Transitional provisions
1. Proceedings initiated under Government Regulation No 282 / 2014 Coll., as effective before the date of entry into force of this Regulation, shall be completed under Government Regulation No 282 / 2014 Coll., as effective before the date of entry into force of this Regulation.
2. The first buyer registered pursuant to Article 2 of Government Regulation No 282 / 2014 Coll., as effective before the date of entry into force of this Regulation, shall comply with the condition laid down in Article 3 (1) (b), (c), (e) and (f) of Government Regulation No 282 / 2014 Coll., as effective from the date of entry into force of this Regulation, for the first time in December 2020.
Amendment of the Government Regulation on certain conditions for implementing the common organisation of the markets in the sugar sector
Government Regulation No 316 / 2017 Coll., on certain conditions for implementing the common organisation of the markets in the sugar sector, is amended as follows:
1. In footnote 1, the words "as amended 'shall be added at the end of the second sentence.
2. in Article 3 (1) (b), the words "estimated under contracts or other transactions for the month in progress and estimated corresponding quantities" shall be replaced by "short-term contracts."
3. in Article 3 (1) (e), the words "or processed raw cane sugar" shall be deleted;
4. In Article 3 (1) (f), the words "or raw cane sugar 'and the words" and' at the end of the letter are deleted.
5. the words "and the total quantity of molasses produced" shall be inserted after the word "sugar."
6. In Article 3, at the end of paragraph 1, the dot is replaced by a comma and the following points (h) to (j) are added:
"(h) the quantity of raw cane sugar processed for the marketing year; provide information by 31 October of the following marketing year;
(i) the actual sugar content of processed sugar beet; provide information by 28 February of the current marketing year; and
(j) the total quantity of sugar sold per marketing year, broken down by quantity of sugar sold to retailers, quantities of sugar sold for processing in the food industry and quantities of sugar sold for processing in other industries, with the exception of the production of bioethanol; the information shall be provided by 31 October of the following marketing year. ';
7. In Article 3 (2) (d), the word "sales' is replaced by" buying-in '.
8. In Article 3, the following paragraph 6 is added, including footnote 2:
"(6) The Contracting Parties to the Interbranch Agreement shall provide the Fund with a copy or a copy of:
(a) interbranch agreements concluded under the directly applicable European Union2) by the end of August of each marketing year to which the interbranch agreement relates; and
(b) contracts concluded containing provisions for the sharing of the value of the parties to the interbranch agreement by the end of August of each marketing year to which the contract relates.
2) Commission Implementing Regulation (EU) 2017 / 1185, as amended. '
EFFECTIVE
This Regulation shall enter into force on 1 August 2020, with the exception of the provisions of Part Four, which shall take effect on 1 January 2021.
Prime Minister:
Ing. Babiš v. r.
Minister for Agriculture:
Ing. Toman, CSc., v. r.
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Regulation Information
| Citation | Government Regulation No 322 / 2020 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, and certain related government regulations |
|---|---|
| Regulation Type | Regulation |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 15.07.2020 |
|---|---|
| Effective from | 01.08.2020 |
| Effective until | - |
| Status | Valid |
Legal Areas:
Finance
The regulation text is for informational purposes only.
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