Government Decree No. 337 / 2006 Coll.
Government regulation on certain conditions for implementing measures of the common organisation of the markets in the sugar sector
Valid
Regulation
Effective from 01.07.2006
337
GOVERNMENT REGULATION
of 21 June 2006
laying down certain conditions for the implementation of measures of the common organisation of the markets in the sugar sector
The Government orders pursuant to § 1 (3) and § 11d (9) 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. 128 / 2003 Coll. and Act No. 441 / 2005 Coll., and under § 2b (2) of Act No. 252 / 1997 Coll., as amended by Act No. 128 / 2003 Coll. and Act No. 441 / 2005 Coll.:
Subject matter
This Regulation (1) governs certain conditions for the implementation of the measures of the common organisation of the markets in the sugar sector following directly applicable rules of the European Communities (2) (hereinafter referred to as the "Regulation of the European Communities').
Basic concepts
This Regulation shall mean:
(a) a sugar undertaking by a person who produces sugar and has its registered office in the Czech Republic (3);
(b) by the sugar plant of the sugar undertaking intended for the production of sugar situated in the Czech Republic (4),
(c) beet product of agricultural production5) grown on the territory of the Czech Republic for sugar production in a sugar factory.
Approval of the sugar undertaking
(1) The application for approval of the sugar undertaking shall be submitted by the sugar undertaking to the State Agricultural Intervention Fund (hereinafter referred to as the Fund) by 15 July 2006 using the form issued by the Fund.
(2) The sugar undertaking shall accompany the application referred to in paragraph 1:
(a) an extract from the commercial register proving that its business is the production of sugar;
(b) a declaration that it is a user of machinery-technology equipment intended for processing sugar beet and sugar production;
(c) a declaration that it will provide the Fund with data on its business activities and that it will be subject to control in accordance with the European Communities Regulation (8);
(d) a declaration that it is not subject to a suspension or withdrawal procedure (8).
(3) The Fund shall decide on the approval of the sugar undertaking in accordance with the Regulation of the European Communities (8). The approval of the sugar undertaking, together with the communication of the amount of the quota under the European Community Regulation (3), shall be notified by the Fund to that sugar undertaking; in the notification, the Fund shall indicate the breakdown of the quota amount allocated by sugar refiner4).
Quota adjustment
(1) If the European Communities' quota adjustment regulation (9) laid down for the Czech Republic for the 2006 / 2007 marketing year is adopted, the Fund will notify the sugar undertaking in writing by 31 October 2006 of the amount of the quota for the 2006 / 2007 marketing year, broken down by sugar factory (s) of the sugar undertaking.
(2) If the European Communities' quota adjustment regulation (9) laid down for the Czech Republic for the 2007 / 2008, 2008 / 2009, 2009 / 2010 or 2010 / 201110 marketing years, the Fund will notify the sugar undertaking in writing by the end of February of the previous marketing year (11) of the amount of the quota for the marketing year concerned, broken down by sugar factory (s) of the sugar undertaking.
Additional quota
(1) By 15 August 2006, the Fund shall notify the sugar undertaking (3) of the proportion of sugar allocated to it under the maximum additional quota established for the Czech Republic by the European Communities12) corresponding to the share of the quota allocated to the sugar undertaking and the quota allocated to the Czech Republic by the European Communities13) (hereinafter referred to as the "share quantity").
(2) An application for an additional quota (14) for the period from the beginning of the 2006 / 2007 marketing year may be lodged by the Fund's sugar undertaking before 30 September 2006. In the application for an additional quota (14), the sugar undertaking shall indicate the maximum holding quantity referred to in paragraph 1. The application shall be accompanied by a document or expert opinion showing that it is able to produce a quantity of sugar corresponding to its quota plus an additional quota due to the production capacity of its sugar factories.
(3) The sugar undertaking shall at the same time indicate in the application referred to in paragraph 2 whether it requires, for the period from the beginning of the 2007 / 2008 marketing year, the allocation of any remaining quantity of sugar from the additional quota allocated to the Czech Republic by the European Community Regulation.
(4) The Fund shall allocate the additional quota referred to in paragraph 2 for the period from the beginning of the 2006 / 2007 marketing year to the sugar undertaking which requested it to be allocated from the beginning of that marketing year, provided that the sugar undertaking pays the Fund by 28 February 2007 a lump sum for the additional quota allocated by the European Communities Regulation (15).
(5) An application for an additional quota (14) for the period from the beginning of the 2007 / 08 marketing year may be submitted by a sugar undertaking to which no additional quota has been allocated under paragraph 4 until 30 September 200716). In the application for an additional quota, the sugar undertaking shall indicate the maximum holding quantity referred to in paragraph 1. The application shall be accompanied by a document or expert opinion showing that it is able to produce a quantity of sugar corresponding to its quota plus an additional quota due to its production capacity.
(6) The sugar undertaking shall at the same time indicate in the application referred to in paragraph 5 whether it requires, for the period from the beginning of the 2007 / 08 marketing year, the allocation of any remaining quantity of sugar from the additional quota allocated to the Czech Republic by the European Community Regulation.
(7) The Fund shall allocate the additional quota referred to in paragraph 5 for the period from the beginning of the 2007 / 08 marketing year to the sugar undertaking which requested it to be allocated from the beginning of the 2007 / 08 marketing year, provided that the sugar undertaking pays the Fund by 30 November 2007 a lump sum for the additional quota allocated by the European Communities Regulation (15).
(8) The Fund shall, by 31 December 2007, publish in a national logbook and in a way that allows remote access to the remaining quantity of sugar from the maximum additional quota allocated to the Czech Republic by the European Communities12), which has not been applied for under paragraph 2 or 5, or which has not been paid within the period referred to in paragraph 4 or 7.
(9) Where the sugar undertaking referred to in paragraph 3 or paragraph 6, as the case may be, has requested the allocation of any remaining quantity of sugar from the maximum additional quota allocated to the Czech Republic by the European Community Regulation (12) and, after the allocation of the additional quota referred to in paragraphs 4 and 7, the Fund still has the remaining quantity of sugar, it shall allocate it to the sugar undertaking from the beginning of the 2007 / 2008 marketing year, subject to payment by 28 February 2008 of a lump sum for the additional quota allocated by the European Communities Regulation (15).
(10) Where more than one sugar undertaking has applied the requirement referred to in paragraph 3 or, where applicable, paragraph 6, the Fund shall allocate the remaining quantity of sugar to the sugar undertakings in proportion to the proportion of the additional quota allocated to the sugar undertaking in accordance with paragraph 4 or 7 and the sum of the additional quotas allocated to sugar undertakings which have requested the allocation of any remaining quantity of sugar.
Transfer of quota on change of ownership or user relations
If the sugar undertaking changes the fact referred to in the European Communities Regulation (17), it shall notify the sugar undertaking of the change within 15 days of the date on which the change occurred, using the form issued by the Fund. If there is a change affecting the quota, the Fund shall carry out a transfer of the quota or its subsection 18) and notify the relevant change to the existing or, where appropriate, to the new quota holder.
Termination
(1) The sugar undertaking shall notify in writing the Sugar Decommission19) or the closure of the sugar refiner17) within 15 days of the end of the sugar production or closure of the sugar refinery.
(2) If, within the period referred to in paragraph 1, the sugar undertaking proves to the Fund that it has contractually transferred the beet delivery contract from the grower to another sugar refinery operated by it, the part of the quota relating to the closed sugar refinery shall be retained. Otherwise, the Fund shall allocate a quota or part of a quota to another sugar undertaking which:
(a) take over the commitments to the sugar beet growers supplying sugar beet to the sugar undertaking referred to in paragraph 1, to the extent that those commitments correspond to the quota or part of the quota of the sugar undertaking referred to in paragraph 1;
(b) provide evidence by expert report or other evidence that it is able to produce a quantity of sugar corresponding to the quota or part of the quota due to the production capacity of the sugar factories it operates.
The Fund shall notify the quota change without delay to the relevant quota holder.
Notification of the transfer of surplus sugar
The notification of the transfer of surplus sugar to the following marketing year, carried out under the conditions laid down in the European Community Regulation (20), shall be submitted by the sugar undertaking of the Fund before 1 February of the marketing year concerned, using the form issued by the Fund.
Minimum sugar beet price
Minimum sugar beet price laid down by the Regulation of the European Communities 21) is considered to be an official price (22).
Quantity of sugar withdrawn
Where the institutions of the European Communities take measures under the European Communities Regulation (22a), the Fund shall notify the sugar undertaking in writing, by 15 November of the marketing year concerned, of the quantity of sugar under its quota which it shall withdraw from the market for the marketing year concerned.
Restructuring aid
(1) In determining the percentage of the aid for the sugar beet grower group (23), the Fund shall base in particular on the calculation of the loss of revenue and the compensation for economic damage resulting from the cessation of beet cultivation in the marketing year for which the quota has been renounced.
(2) As a criterion for the allocation of part of the aid within the sugar beet growers group (24) In particular, the Fund shall take into account the percentage of the quantities of sugar beet of the individual growers in the sugar quota of the undertaking concerned under the relevant quota renounced by the undertaking under the contracts concluded between the undertaking concerned and the sugar beet growers for the marketing year preceding the marketing year for which the quota was renounced.
(3) In determining the percentage of aid to contract planters (23), the Fund shall base in particular on the quantification of the economic damage caused by the loss of the value of their specialised machinery not applicable for purposes other than operations linked to the cultivation of beet which, by reason of the cessation of beet cultivation, will no longer be used in the context of contractual obligations towards the sugar beet growers of the undertaking concerned, in particular on the basis of the following objective criteria:
(a) the sum of the residual prices of specialised machinery, or parts of the residual prices of such machinery, corresponding to the proportion in which such machinery was provided to beet growers supplying the undertaking concerned under the relevant quota renounced by the undertaking; and
(b) the total volume of services provided by these machines during the marketing year preceding the marketing year for which the undertaking concerned renounced its quota.
(4) As a criterion for the allocation of part of the aid within a group of contracted machinery providers 24) In particular, the Fund shall take into account the share of the residual price of such machines in the sum of the outstanding prices of the group of contracted machinery providers.
(5) In accordance with the procedure laid down in paragraphs 1 to 4, the Fund may lay down additional criteria discussed in consultation with the European Communities (25).
Information on quota sugar production
(1) The sugar undertaking shall notify the Fund by 31 July 2006 of its annual final production of sugar (27) for the 2005 / 2006 marketing year using the form issued by the Fund.
(2) The sugar undertaking shall notify the Fund before 31 January of the marketing year concerned (10) of its total sugar production27a) in the marketing year concerned using the form issued by the Fund.
(3) The sugar undertaking shall notify the Fund by 15 September of the marketing year concerned of its total sugar production (27a) for the previous marketing year on the form issued by the Fund.
Provision of information
(1) The sugar undertaking provides the Fund with information on:
(a) the quantities of beet for the production of quota sugar and the quantities of beet for the production of out-of-quota sugar for which they have concluded contracts for the delivery of beet for the following marketing year; the information shall be submitted before sowing by 31 March of the marketing year in which the supply contracts are concluded;
(b) the forecast beet yields referred to in (a) per hectare and the forecast sugar yields per hectare; the information shall be submitted by 31 March of the marketing year in which the beet delivery contracts are concluded;
(c) the agreed sugar content in sugar beet referred to in (a); the information shall be submitted by 31 March of the marketing year in which the beet delivery contracts are concluded;
(d) the estimated yield of sugar from beet referred to in (a); the information shall be submitted by 31 March of the marketing year in which the beet delivery contracts are concluded;
(e) the harvesting areas of beet referred to in (a) in the marketing year concerned and the quantities of beet referred to in (a) taken from beet sellers during the marketing year concerned; the information shall be submitted by 31 January of the marketing year concerned,
(f) an estimate of the data referred to in point (e) for the following marketing year; the information shall be submitted by 1 May of the marketing year concerned;
(g) the start and end of processing sugar beet in a sugar factory; the information shall be submitted within 10 days of the end of the processing of sugar beet in the sugar factory,
(h) an inventory of sugar on 31 January and 30 June of the marketing year concerned; the information shall be submitted within 10 days after the date specified,
(i) the quantity of industrial sugar manufactured by him (28) for the marketing year concerned; the information shall be submitted by 31 October of the relevant calendar year;
(j) the quantity of surplus sugar produced by him (29) for the marketing year concerned; the information shall be submitted by 31 October of the relevant calendar year.
(2) A sugar undertaking which is not a quota holder provides the Fund with information on:
(a) the quantity of industrial and surplus sugar produced by it for the marketing year concerned; the information shall be submitted by 31 October of the relevant calendar year;
(b) the quantity of surplus sugar produced by him exported during the previous month of the marketing year concerned; the information shall be submitted by the end of the following month;
(c) an inventory of sugar on 31 January and 30 June of the marketing year concerned; the information shall be submitted within 10 days after the date specified,
(d) a change in its ownership or user relations with the sugar establishment in operation within 10 days of the date on which such change entered into force.
(3) The Fund is authorised to request from the sugar undertaking the original version of the contract in force, or an officially certified copy thereof, which the sugar undertaking has concluded during the marketing year in question with the beet seller (31).
(4) Where an interbranch agreement is concluded pursuant to a Regulation of the European Communities (32), the Fund of the Contracting Parties to this Agreement shall be provided with a copy thereof or an officially certified copy thereof.
Repeal
Government Regulation No 548 / 2005 Coll., on the establishment of certain conditions for the implementation of the measures of the common organisation of the markets in the sugar sector, as amended by the Constitutional Court, published under No 154 / 2006 Coll., is hereby repealed.
Efficacy
This Regulation shall enter into force on 1 July 2006.
Prime Minister:
Ing. Paroubek v. r.
Minister for Agriculture:
Ing. Mládek, CSc.
1) It is issued for the implementation and within the limits of the law, the content of which allows for an adjustment following the directly applicable regulation of the European Communities by the Government.
2) Council Regulation (EC) No 318 / 2006 of 20 February 2006 on the common organisation of the markets in the sugar sector. Council Regulation (EC) No 319 / 2006 of 20 February 2006 amending Regulation (EC) No 1782 / 2003 establishing common rules for direct support schemes under the common agricultural policy and establishing certain support schemes for farmers. Council Regulation (EC) No 320 / 2006 of 20 February 2006 establishing a temporary scheme for the restructuring of the sugar industry in the Community and amending Regulation (EC) No 1290 / 2005 on the financing of the common agricultural policy. Commission Regulation (EEC) No 1043 / 1967 of 22 December 1967 laying down detailed rules for the establishment of basic quotas in the sugar sector, as amended. Council Decision (EEC) No 583 / 1974 of 20 November 1974 on the monitoring of the movement of sugar. COMMISSION REGULATION (EEC) No 1516 / 1974 of 18 June 1974 on the supervision by Member States of contracts concluded between sugar producers and sugar beet producers. Commission Regulation (EC) No 1262 / 2001 of 27 June 2001 laying down detailed rules for the application of Council Regulation (EC) No 1260 / 2001 as regards the buying-in and sale of sugar by intervention agencies, as amended. Commission Regulation (EC) No 493 / 2006 of 27 March 2006 laying down transitional measures under the reform of the common organisation of the markets in the sugar sector and amending Regulations (EC) No 1265 / 2001 and (EC) No 314 / 2002. Commission Regulation (EC) No 950 / 2006 of 28 June 2006 laying down detailed rules of application for the 2006 / 2007, 2007 / 2008 and 2008 / 2009 marketing years for the import and refining of sugar products under certain tariff quotas and preferential agreements. Commission Regulation (EC) No 951 / 2006 of 30 June 2006 laying down detailed rules for the implementation of Council Regulation (EC) No 318 / 2006 as regards trade with third countries in the sugar sector. Commission Regulation (EC) No 952 / 2006 of 29 June 2006 laying down detailed rules for the application of Council Regulation (EC) No 318 / 2006 as regards the management of the internal market in sugar and the quota system. Commission Regulation (EC) No 967 / 2006 of 29 June 2006 laying down detailed rules for the application of Council Regulation (EC) No 318 / 2006 as regards the production of sugar beyond quotas. Commission Regulation (EC) No 968 / 2006 of 27 June 2006 laying down detailed rules for the implementation of Council Regulation (EC) No 320 / 2006 establishing a temporary scheme for the restructuring of the sugar industry in the Community.
3) Article 7 (2) of Council Regulation (EC) No 318 / 2006.
4) Article 7 (3) of Council Regulation (EC) No 318 / 2006.
5) § 2e (3) of Act No. 252 / 1997 Coll., on Agriculture, as amended by Act No. 85 / 2004 Coll.
8) Article 17 (1) of Council Regulation (EC) No 318 / 2006.
9) Article 10 of Council Regulation (EC) No 318 / 2006.
10) Article 1 (2) of Council Regulation (EC) No 318 / 2006.
11) Point VI of Annex V to Council Regulation (EC) No 318 / 2006.
12) Annex IV to Council Regulation (EC) No 318 / 2006.
13) Annex III to Council Regulation (EC) No 318 / 2006.
14) Article 8 of Council Regulation (EC) No 318 / 2006.
15) Article 8 (3) to (5) of Council Regulation (EC) No 318 / 2006.
16) Article 8 (1) of Council Regulation (EC) No 318 / 2006.
17) Annex V, point I, to Council Regulation (EC) No 318 / 2006.
18) Article 11 (2) and (3) and Annex V to Council Regulation (EC) No 318 / 2006.
19) Point II (3) of the Annex In Council Regulation (EC) No 318 / 2006.
20) Article 14 of Council Regulation (EC) No 318 / 2006.
21) Article 5 of Council Regulation (EC) No 318 / 2006.
22) Article 5 of Act No. 526 / 1990 Coll., on Prices.
22a) Article 19 of Council Regulation (EC) No 318 / 2006.
23) Article 3 (6) of Council Regulation (EC) No 320 / 2006.
24) Article 6 (1) (a) of Commission Regulation (EC) No 968 / 2006.
25) Article 2 of Commission Regulation (EC) No 968 / 2006.
27) Article 5 of Commission Regulation (EC) No 314 / 2002.
27a) Article 6 of Commission Regulation (EC) No 952 / 2006.
28) Article 2 (6) of Council Regulation (EC) No 318 / 2006.
29) Article 2 (8) of Council Regulation (EC) No 318 / 2006.
31) Commission Regulation (EEC) No 1516 / 1974.
32) Article 2 (11) of Council Regulation (EC) No 318 / 2006.
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Regulation Information
| Citation | Government Regulation No 337 / 2006 Coll., laying down certain conditions for the implementation of measures of the common organisation of the markets in the sugar sector |
|---|---|
| Regulation Type | Regulation |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 30.06.2006 |
|---|---|
| Effective from | 01.07.2006 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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