Full text of Act No. 367 / 2009 Coll.
Full text of Act No. 256 / 2000 Coll., on the State Agricultural Intervention Fund, as resulting from subsequent amendments
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26.10.2009
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367
PRESIDENT OF THE GOVERNMENT
Announces
The full text 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 follows from the amendments made by Act No. 128 / 2003 Coll., Act No. 41 / 2004 Coll., Act No. 85 / 2004 Coll., Act No. 237 / 2004 Coll., Act No. 482 / 2004 Coll., Act No. 441 / 2005 Coll., Act No. 130 / 2006 Coll., Act No. 342 / 2006 Coll., Act No. 35 / 2008 Coll., Act No. 227 / 2009 Coll., Act No. 281 / 2009 Coll.
THE LAW
on the State Agricultural Intervention Fund
Parliament has decided on this law of the Czech Republic:
STATE AGRICULTURAL INTERVENTION FUND
(1) A State Agricultural Intervention Fund (hereinafter referred to as the Fund) is hereby established. The fund is a legal person based in Prague. The Fund falls within the competence of the Ministry of Agriculture ("the Ministry ') 1.
(2) The Fund, in accordance with the laws, regulations and international treaties with which the Czech Republic is bound,
(a) decide to grant the subsidy (2) and check compliance with the conditions for granting the subsidy;
(b) carry out intervention purchases of agricultural products and foodstuffs and ensure storage and, where appropriate, processing of such agricultural products and foodstuffs;
(c) sells or otherwise transfers agricultural products and foodstuffs, or products resulting from the processing of agricultural products or foodstuffs purchased from intervention;
(d) implement government-approved programmes aimed at non-food use and processing of agricultural products;
(e) carry out activities related to the production quota system;
(f) Expired on 1 May 2004
(g) grants subsidies on exports of agricultural products and foodstuffs;
(h) decide on the granting of licences for the import and export of agricultural products and foodstuffs and check compliance with the conditions for the granting of licences;
(i) carry out activities related to the guarantee scheme for agricultural products and foodstuffs (3);
(j) levy, levy and levy financial levies on the production of sugar and in the milk and milk products sector under special legislation4);
(k) carry out further measures under special legislation5);
(l) implement structural support programmes under specific legislation6) and the Rural Development Programme under the directly applicable regulation of the European Communities governing support for rural development by the European Agricultural Fund for Rural Development (EAFRD) 7) (hereinafter referred to as the Rural Development Programme),
(m) carry out activities related to the system of approval, registration, registration or recognition of producers of agricultural products or foodstuffs under the relevant legislation of the European Community8) in the field of common market organisations and structural measures;
(n) carry out activities related to the system of approval, registration, registration or recognition of producer groups of agricultural products or foodstuffs, including international, cross-sectoral organisations and agreements of producers of agricultural products or foodstuffs under the relevant legislation of the European Communities (8), unless otherwise provided for in specific legislation;
(o) carry out activities related to the system of approval of international control and supervisory companies under the regulations of the European Community9);
(p) implement the measures resulting from the international agreement 10),
(q) carry out activities related to the acquisition, processing and transmission of price and market information, including the registration of contracts, in accordance with the relevant European Communities legislation (8);
(r) carry out activities related to the representative selection of agricultural products or foodstuffs, with the establishment of national reference and reference quantities of agricultural products or foodstuffs, with a representative selection of agricultural products or foodstuffs, and, where appropriate, with a representative selection of producers of agricultural products or foodstuffs under the relevant European Community legislation (8) in the field of common market organisations and structural measures, unless otherwise provided for in specific legislation;
(s) supervise the fulfilment of obligations arising for natural and legal persons under the directly applicable Regulation of the European Communities;
(t) earns part of the reserve if it is part of a production quota system in accordance with European Community rules which may be used to increase existing or new reference quantities of milk;
(u) implement the measures of the common market organisations under special legislation8), unless otherwise provided for in specific legislation;
(v) promote the marketing of agricultural products and foodstuffs;
(w) carry out the activities of the intermediate body in accordance with directly applicable provisions of the European Communities governing the Structural Funds or the European Fisheries Fund (11).
(3) The conditions for implementing the Fund's activities referred to in paragraph 2 may be adapted by the Government by Regulation (EC) No 12), unless otherwise provided for in this Law or in specific legislation.
(4) Natural and legal persons shall submit to the Fund applications, declarations of honour and information resulting from the Fund's competence under paragraph 2 on forms issued by the Fund.
Definition of terms
For the purposes of this Act:
(a) by buying in agricultural products or foodstuffs by the Fund in order to avoid an undesirable drop in the market price;
(b) non-refundable aid for export to bridge the difference between prices on the internal market of the European Communities and prices on the world market for exports of agricultural products or foodstuffs whose exports are desirable in terms of market stability;
(c) a summary of the rules for the initial allocation of individual production quotas, the management of the quota production, the procedure for exceeding the individual production quota, the provision of information necessary for the functioning of the production quota system, the management of the reserve when it forms part of the production quota system under European Community rules, the increase of existing or the allocation of new individual production quotas, transfers and reductions of individual production quotas for the purpose of organising the market for the relevant agricultural products or foodstuffs;
(d) by an individual production quota, the quantities of agricultural product or foodstuff produced by the person entitled to dispose of that quota;
(e) it expired on 1 May 2004.
repealed
Obligations of the Fund
(1) The Fund shall:
(a) submit to the Government, through the Ministry, the budget of the Fund for the relevant calendar year and the sound financial statements, including an overview of the claims and liabilities, as verified by the auditor, at the specified dates;
(b) submit to the Government, through the Ministry, annual reports on the activities of the Fund and the drawing-up of funds;
(c) submit, at the request of the Ministry or Government, a sub-report on the activities of the Fund and the drawing of funds, and to provide the Ministry with inventories of persons who are not duly compensated for their commitments to the Fund, including the type and amount of their commitment.
(2) The Fund shall, in the course of the implementation of the activities referred to in Article 1 (2), submit reports and financial statements to the competent authorities of the European Communities, as laid down in the relevant legislation of the European Communities, to the competent authorities of the European Communities through the Ministry at the specified dates.
repealed
Subsidy from the Fund from the State Budget
The Chamber of Deputies approves at the same time as the draft state budget of the Czech Republic
(a) the grant of the Fund from the State Budget intended to carry out the activities referred to in Article 1 (2);
(b) the grant of the Fund from the State budget intended to cover the administrative expenditure of the Fund.
Financial resources of the Fund
(1) The financial resources of the Fund are:
(a) grants from the State budget intended to carry out the activities referred to in Article 1 (2);
(b) subsidies from the State budget intended to cover the administrative expenditure of the Fund;
(c) revenue from the sale of agricultural products and foodstuffs purchased by the Fund;
(d) aid granted by the European Communities or any other foreign body;
(e) loans granted to the Fund for the implementation of the activities referred to in Article 1 (2), interest on the Fund's deposits, securities income, contractual fines, fines, claims and other income;
(f) funds from the National Fund13),
(g) the costs associated with the selection of a final decision on the levy on sugar production pursuant to Article 11h (5) and the costs associated with the recovery of the funds to be recovered from the Fund, at the rate laid down in the specific legislation;
(h) refunds and periodic penalty payments.
(2) The financial resources referred to in paragraph 1 (a), (c), (e), (g) and (h), paragraph 1 (b) and paragraph 1 (d) and (f) of the Fund shall be held in separate bank accounts.
(3) In addition to the financial resources from the State budget, for the purpose of carrying out the activities referred to in Article 1 (2), revenue from the sale of agricultural products and foodstuffs bought in in intervention referred to in paragraph 1 (c) may be used for this purpose, loans, interest on deposits of the Fund, securities income, contractual fines, fines, insurance premiums and other income referred to in paragraph 1 (e) and the subsidies and periodic penalty payments referred to in paragraph 1 (h).
(4) Unspent financial resources referred to in points (a), (c), (e) and (h) of paragraph 1 shall be transferred to the following calendar year to carry out the activities referred to in paragraph 1 (2) and the unspent financial resources referred to in paragraph 1 (b) and (g) shall be transferred to the following calendar year to cover the administrative expenditure of the Fund.
(5) Only the financial resources referred to in paragraph 1 (b) and (g) may be used to cover the administrative expenditure of the Fund.
(6) The Fund may use a loan with the agreement of the Ministry to bridge the period between the implementation of the expenditure relating to the implementation of the activities referred to in Article 1 (2) and their reimbursement from the budget of the European Communities.
Management of the Fund
(1) The Fund is responsible for the management of the property of the Czech Republic under a special legislature14).
(2) The Fund regularly checks the stocks of agricultural products and foodstuffs purchased by it. The management of the fund's assets shall be decided by the Director of the Fund in accordance with the Fund's Statute.
(3) The Fund may acquire only the securities issued by the State or the securities guaranteed by the State for the repayment of which it has guaranteed, except where the Fund receives the securities by transfer exclusively from the organisational units of the State and the state organisations responsible for the management of the State's property (14), the public limited liability companies of which the Czech Republic is a shareholder and the Land Fund of the Czech Republic.
(4) In carrying out the activities referred to in Article 1 (2), the Fund shall ensure the separate validation of payments, the implementation of payments and the accounting of payments under the special legislature15).
(5) In carrying out the activities referred to in Article 1 (2), the Fund shall make all payments by bank transfer without cash to the applicant's account.
Budget of the Fund
The Fund shall draw up a draft budget for each financial year and submit it to the Government through the Ministry by 31 August each time. The Government shall submit a draft budget of the Fund following any changes made to it, together with a draft state budget for the same year for approval by the Chamber of Deputies. The Fund shall set out its total expenditure in the draft budget as the amount notified to it by the competent administrator of the chapter under the Specific Law (16).
Institutions of the Fund
(1) The institutions of the Fund shall be the Director of the Fund (hereinafter referred to as the Director) and the Supervisory Board of the Fund (hereinafter referred to as the Supervisory Board).
(2) Details of the activities of the Fund, the organisational arrangements of the Fund and its synergies with the Ministry are laid down in the Statute of the Fund, approved by the Government. The organisation of the Fund is based on the relevant legislation of the European Community15).
(3) The members of the Supervisory Board, the Director and the staff of the Fund, the persons with whom the Fund has concluded a contract pursuant to Article 11c (6) and their staff and persons empowered pursuant to Article 12a (4) are obliged to remain silent on the facts which they have learned in connection with their activities in the Fund; This is without prejudice to the Fund's obligation to provide third parties with information on who, to what extent and for what purpose the aid has been granted.
(4) The Fund is required to require that a person who has infringed the obligation under paragraph 3 issue an asset benefit obtained by such action or transfer the corresponding rights to the Fund. This is without prejudice to the Fund's right to compensation.
(5) Members of the Supervisory Board who are not members of this body in their capacity as public or legislative bodies are entitled to reimbursement of travel expenses relating to the performance of their duties to the same extent as the staff members).
(6) The salary of the staff of the Fund is governed by special legislation18).
(7) The Fund for the implementation of the activities referred to in Article 1 (2) shall establish, for each commodity, commodity expert committees, composed of at least representatives of the Ministry, representatives of non-governmental institutions bringing together farmers and representatives of non-governmental institutions bringing together agricultural products customers authorised to submit to the Fund expert opinions on the implementation of the activities referred to in Article 1 (2). The establishment of commodity expert committees, the selection of members, the number, rights and obligations of members, the voting method and the demise of such committees shall be regulated by the Statute of the Fund. The opinions of these commodity committees submitted by the Fund serve as a basis for decision-making and must be discussed by the Fund. The members of the Commodity Committees shall carry out this activity free of charge.
expired on 1 May 2004
Director and Deputy Director
(1) The Director shall be the statutory body of the Fund. The Director shall direct the activities of the Fund and take decisions on all matters not covered by the Supervisory Board.
(2) The Director is appointed and withdrawn by the Government. The position of Director shall be incompatible with the membership of the Supervisory Board.
(3) The Director is an employee of the Fund. It shall be entitled to establish and appoint the Head of the Fund's expertise.
(4) The Director shall represent and act on behalf of the Fund.
(5) The Director shall appoint and remove a representative who shall represent him in full, during his absence, in the management of the Fund.
Scope of the Ministry
The Ministry is responsible for:
(a) to decide on an appeal against a decision of the Fund, unless otherwise provided for in that law;
(b) propose to the Government the appointment and removal of the Director;
(c) approve the draft budget of the Fund and submit it to the Government within the time limit laid down in Article 6c;
(d) approve the amount of the loan pursuant to § 6a (6);
(e) to decide on the remission or partial remission of the obligation to pay periodic penalty payments on exceptional and special account grounds, unless otherwise provided for in the specific legislation;
(f) to check the management of the Fund and the management of public financial support in accordance with the Financial Control Act (19);
(g) carry out verification of the Fund's internal management and control system under the Financial Controlle19).
Supervisory Board
(1) The Supervisory Board is the control body of the Fund. The Supervisory Board shall monitor the operation and management of the Fund and its bodies. Supervisory Board in its activities
(a) control the implementation of the Fund's mission and all activities of the Fund and its institutions;
(b) review the accounts and comment on the draft budget of the Fund and on the annual report of the Fund.
(2) The Supervisory Board is five members. The Chairman of the Supervisory Board shall be a Member, the Vice-Chair of the Supervisory Board shall be a Senator. The Chairman of the Supervisory Board and 3 other members of the Supervisory Board are elected and dismissed by the Chamber of Deputies of the Parliament of the Czech Republic. The Vice-Chairman of the Supervisory Board shall elect and dismiss the Senate of the Parliament of the Czech Republic. The remuneration associated with the performance of the duties of a member of the Supervisory Board shall be determined by the Statute of the Fund.
(3) The term of office of the members of the Supervisory Board shall be four years. On expiry of their term of office, the members of the Supervisory Board shall hold office on the Supervisory Board until their successor is elected. If, during the term of office of the Supervisory Board, the Chair of the Supervisory Board loses the mandate of Members 20) or the Vice-Chair of the Supervisory Board of the Senator 20), he shall hold the seat of the Supervisory Board until his successor is elected.
(4) The members of the Supervisory Board may not be members of the staff of the Fund.
(5) The meetings of the Supervisory Board shall be convened and managed by its chairman or vice-chairman. The Supervisory Board shall be qualified to take a decision if an absolute majority of its members, including the Chairman or Vice-Chairman of the Supervisory Board, participate in its deliberations. The decision of the Supervisory Board shall require the consent of an absolute majority of the members. The Chairman or Vice-Chair of the Supervisory Board shall, within 14 days of receipt of the request, convene the Supervisory Board if at least three members of the Supervisory Board so request.
Subsidy
(1) The Fund grants subsidies in accordance with this Act, the Agriculture Act, the Government Regulations issued for their implementation and the directly applicable European Communities provisions governing the financing of the common agricultural policy21).
(2) In deciding on the granting of subsidies, the Fund shall have the status of a public authority.
(3) The procedure for granting and deciding the grant shall not apply to the time limits for the decision, the provisions on the obligation to allow the parties before the decision is taken to comment on the grounds of the decision, the provisions on the communication of the parties to the proceedings on the performance of the evidence outside the oral procedure, the provisions on the record of the performance of the document and the provisions on the provision of a resolution when carrying out the evidence by examining the case in accordance with the administrative rules.
(4) Subsidy for a measure involving the preparation and submission of a project by an applicant for a subsidy shall be granted by the Fund on the basis of a grant agreement which shall include:
(a) identification details of the applicant;
(b) identification details of the Fund;
(c) the amount provided;
(d) the purpose for which the amount provided is intended;
(e) the period within which the intended purpose is to be achieved;
(f) other conditions to be met by the beneficiary in connection with the use of the subsidy;
(g) the date of conclusion of the agreement.
(5) If the Fund finds that the conditions for granting the subsidy have not been met, it shall impose a repayment under Paragraph 11a.
(6) Both the Fund and the beneficiary of the subsidy are required to keep for a period of 10 years evidence of the grant and use of the subsidy, unless otherwise provided for in specific legislation.
(7) The Fund shall apply mutatis mutandis to the implementation of structural support programmes and the Rural Development Programme under the Specific Legislation (6) provided for in paragraphs 1 to 5.
Repayment of subsidies and periodic penalty payments
(1) If the beneficiary of the subsidy has not fulfilled any of the conditions to which the grant is granted, it shall repay the subsidy granted to the Fund and, at the same time, pay the penalty payment to the Fund at a rate of 1 ° per day from the amount of the subsidy granted up to a maximum of that amount. The Fund shall act in accordance with the directly applicable regulation of the European Communities governing the implementation of cross-compliance, modulation and integrated administrative and control system22 when recovering the grant and paying the periodic penalty payments.
(2) If the beneficiary has not fulfilled one of the conditions to which the grant is granted and the grant has been made in error by the Fund, the beneficiary shall be obliged to repay the subsidy to the Fund, in which case the penalty payment shall not be imposed.
(3) Repayment of the subsidy and periodic penalty payments shall be imposed by the Fund by decision, enforced and other measures constituting its administration. The Fund shall initiate recovery proceedings no later than the calendar year following the primary finding of the irregularity under the directly applicable European Communities23).
(4) The Fund will not impose a refund of the subsidy and periodic penalty payments if their amount does not exceed the amounts set out in the directly applicable regulation of the European Communities, laying down detailed rules for cross-compliance, modulation and integrated administration and control system24).
(5) The procedure referred to in paragraphs 1 to 3 shall not apply to budgetary rules 25).
(6) In the case of unauthorised use or retention of funds from subsidies which are covered in whole or in part by funds received from the National Fund and for the detention of such funds to be recovered on settlement, paragraphs 1 to 5 shall not apply. The management of the payment for breaches of budgetary discipline according to the budget regulation (25) shall be carried out by the territorial financial authorities.
(7) If the beneficiary fails to fulfil the obligation referred to in paragraph 1 or 2, the Fund may count the subsidy which the beneficiary is obliged to repay and the periodic penalty payment which he is obliged to pay into the subsidy for which he has fulfilled the conditions.
Export subsidy
(1) It expired on 1 May 2004.
(2) It expired on 1 May 2004.
(3) It expired on 1 May 2004.
(4) It expired on 1 May 2004.
(5) It expired on 1 May 2004.
(6) It expired on 1 May 2004.
(7) The export subsidy is granted by the Fund in accordance with specific legislation26).
Intervention buying and selling
(1) The Fund shall buy agricultural products and foodstuffs at an intervention price fixed by the relevant provisions of the European Communities (5).
(2) It expired on 1 May 2004.
(3) The Fund sells or otherwise transfers intervention-bought agricultural products and foodstuffs originating in the European Communities in accordance with special legislation27).
(4) The Fund will discuss its procedure for the implementation of intervention purchases and sales with the Administration of State tangible reserves.
(5) Intervention buying and selling and, where appropriate, the related transport, storage and processing of agricultural products and foodstuffs are carried out by the Fund either alone or through another legal or natural person.
Production quotas and their system
(1) Only agricultural products or foodstuffs originating in the Czech Republic from agricultural raw materials originating in the Czech Republic may be used to fulfil an individual production quota, unless the European Communities' regulation is directly applicable, and this product or foodstuff may not be used to meet an individual production quota for more than one person authorised to have an individual production quota allocated to an individual production quota or, where appropriate, an individual production quota from another person authorised to have an individual production quota (hereinafter referred to as the "quota holder").
(2) An individual production quota or part thereof may be transferred by the holder of the quota by a written contract governed by general legislation28 to another person (hereinafter referred to as "the acquirer of the quota"), save as otherwise provided by that law.
(3) The transfer referred to in paragraph 2 shall be notified in writing by the quota acquirer to the Fund without delay.
(4) The Fund shall, within 15 days of the date of receipt of the notification, issue a written confirmation that the transfer of an individual production quota or part thereof is registered if the conditions laid down in this Law and the Government Regulations are fulfilled.
(5) Neither the individual production quota nor part thereof may be transferred by the holder of the quota within a period of 24 months of its allocation from the reserve if it forms part of a production quota system under European Community rules.
(6) The provisions of paragraph 5 shall not apply where the holder of a quota acquired from the reserve, if he is part of a production quota system under European Community rules, proves, for an exceptional and special reason, that he was forced to reduce the marketing of the agricultural product or foodstuff in the Czech Republic.
(7) The provisions of paragraphs 3 and 4 shall apply mutatis mutandis to the crossing of the quota.
(8) The quota holder who produces sugar or potato starch shall ensure that, in production facilities for the manufacture of sugar or potato starch, such measures are taken to enable the quantity of beet or potato processed to be checked and, at any stage of production, to check the quantity of sugar or potato starch produced.
(9) Under the terms and conditions of the production quota system, the Government, by regulation, provides for:
(a) the method of initial allocation of individual production quotas to individual applicants, respecting the principle of equal access to all applicants and the objective method of calculating individual production quotas;
(b) the manner in which the reserve is to be filled and the conditions under which it is to be distributed where the reserve is part of a system of production quotas under European Community rules;
(c) to the extent necessary for the functioning of the production quota system, the information which the quota holders or, where appropriate, other persons as defined by the Government Regulation will be obliged to provide to the Fund;
(d) the conditions under which the Fund reduces the individual production quota for quota holders;
(e) details of the arrangements for determining the quantities of processed beet or potatoes and the quantities of sugar or potato starch produced;
(f) other measures resulting from a directly applicable regulation of the European Communities.
Milk production quotas
(1) The Fund shall issue a certificate certifying the inclusion of a natural or legal person in the register of milk purchasers. If the Fund finds that the customer has repeatedly breached the obligation referred to in paragraph 2, it shall decide to withdraw the certificate and to withdraw the certificate from the register of milk customers. Decisions concerning the inclusion of a natural or legal person in the register of milk purchasers and decisions on the withdrawal of certificates and the exclusion from the register of milk purchasers shall be subject to the administrative rules, with the exception of time limits and exceptional remedies.
(2) The milk collector must:
(a) register compliance with the delivery quotas of its quota holders;
(b) at the request of the quota holder, inform another customer of the quantity of raw cow's milk delivered to him by that quota holder;
(c) notify the Fund without delay of the opening of insolvency proceedings or entry into liquidation.
(3) The producer of raw cow's milk is obliged to notify the Fund in writing to the new customer before the start of the supply of milk (29) on the forms issued by the Fund. Where a producer intends to deliver raw cow's milk to more than one customer, the Fund shall, before the start of the supply of milk, notify the volume of part of the individual milk production quota for which each of its customers will be responsible for evaluating the performance.
Sugar production quotas
(1) Individual sugar production quotas are State property. By allocating individual sugar production quotas, the State authorises the sugar producers to fill them for a specified period.
(2) The individual sugar production quota may not be transferred by the holder to another person.
Production quotas for potato starch
(1) Individual potato starch production quotas are State property. by allocating individual potato starch production quotas, the State authorises potato starch producers to be filled for a specified period.
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Regulation Information
| Citation | Full text of Act No. 367 / 2009 Coll., Act No. 256 / 2000 Coll., on the State Agricultural Intervention Fund, as seen from subsequent amendments |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 26.10.2009 |
|---|---|
| Effective from | - |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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