Government Decree No. 39 / 1999 Coll.
Government Regulation implementing Section 3 of Act No. 252 / 1997 Coll., on Agriculture
Valid
Regulation
Effective from 24.02.1999
Text versions:
24.02.1999
Zobrazeno prvních 200 z celkem 201 ustanovení tohoto předpisu.
Zobrazit celý předpis →
Pro stažení celého znění použijte tlačítko Stáhnout výše.
39
GOVERNMENT REGULATION
of 1 February 1999
implementing Section 3 of Act No. 252 / 1997 Coll., on Agriculture
The Government orders pursuant to § 3 paragraphs 3 and 4 of Act No. 252 / 1997 Coll., on Agriculture:
GENERAL PROVISIONS
This Regulation provides for measures to be taken on imports into the Czech Republic of agricultural products and foodstuffs (hereinafter referred to as "agricultural product ').
The safeguard measures provided for in this Regulation shall be:
(a) specific protective measures;
(b) emergency measures;
(c) the input value.
(1) A safeguard measure shall be taken only to the extent strictly necessary and for the period of time for which circumstances exist which have given rise to its introduction.
(2) A number of safeguard measures under this Regulation may not be adopted simultaneously for the same agricultural product.
For the purposes of this Regulation:
(a) special safeguard measures for the establishment of additional duties;
(b) the additional duty, by which the import duty is increased, (1) under the conditions laid down in this Regulation,
(c) the trigger level of the volume of imports of the agricultural product (hereinafter referred to as the trigger level), the overrun of which justifies the application of a special safeguard measure;
(d) by an emergency measure, quantitative restrictions or adjustment of customs duties under the conditions laid down in this Regulation;
(e) the entry value of the minimum basis for calculating import duties under the conditions laid down in this Regulation;
(f) quantitative restrictions on imports to determine the quantities of agricultural products which may be imported during the period laid down, 2)
(g) the domestic industry of the domestic producers as a whole which produce similar or directly competing agricultural products or those producers whose combined production of similar or directly competing agricultural products accounts for more than 50% of the total domestic production of those agricultural products;
(h) serious injury to a significant overall injury to the situation of the domestic industry;
(i) the threat of serious injury likely to be serious, and the determination of the existence of a threat of domestic serious injury must be based on the facts established and not solely on claims, assumptions or distant possibilities.
SPECIAL WITHDRAWAL MEASURES
(1) Where, on importation of an agricultural product listed in the Annex to Act No. 252 / 1997 Coll., on Agriculture, hereinafter referred to as "the Act"
(a) the volume of imports in the units of measurement established by the Customs Tariff exceeds the trigger level established by the Ministry of Agriculture ("the Ministry") in cooperation with the Ministry of Industry and Trade and the Ministry of Finance in accordance with the procedure set out in Section 7; or
(b) the price at which imports of agricultural products take place, including transport and insurance costs for imported goods, to the place where the goods enter the country, if not included in the price actually paid or payable, expressed in domestic currency (3) (hereinafter referred to as "import price"), determined by the Ministry in cooperation with the Ministry of Industry and Trade and the Ministry of Finance, will fall by more than 10% below the trigger price established in accordance with the procedure set out in Section 11;
a special safeguard measure shall be adopted in the form of an additional duty to be added to the import group (1) of the agricultural product.
(2) The additional duty may not be fixed in accordance with paragraph 1 (a) and (b) at the same time.
The condition for establishing an additional duty is that the obligations for normal and minimum access are fulfilled, which is the release of a minimum quantity of agricultural product at the preferential rate of duty as the Czech Republic has undertaken under an international agreement. (4) Imports under normal and minimum access obligations shall not be subject to an additional duty.
Additional duty if the trigger level of imports is exceeded
(1) In determining the trigger level, the proportion of the average annual import volume of the agricultural product concerned to the average annual domestic consumption of that agricultural product in the preceding 3 calendar years for which data are available shall be based.
(2) The basic trigger level is:
(a) 125% of the average volume of imports of the agricultural product in question where the proportion of the average volume of imports in the average volume of domestic consumption of that product in the previous 3 calendar years is less than or equal to 10%;
(b) 110% of the average volume of imports of the agricultural product concerned where the proportion of the average volume of imports in the average volume of domestic consumption of that product during the previous 3 calendar years is more than 10% but less than or equal to 30%;
(c) 105% of the average volume of imports of the agricultural product concerned where the proportion of the average volume of imports in the average volume of domestic consumption of that product over the previous 3 calendar years is more than 30%.
(3) In all cases, an additional duty may be imposed in any year where the absolute volume of imports of the agricultural product concerned into the customs territory of the Czech Republic exceeds the sum of the basic trigger level established in accordance with paragraph 2, multiplied by the average annual volume of imports for the preceding 3 calendar years for which data and changes in the absolute volume of the agricultural product's domestic consumption in the last year for which data are available compared to the previous year, provided that the trigger level is greater than 105% of the average quantity of imports.
(4) Where domestic consumption of the agricultural product cannot be ascertained, the basic trigger level shall be 125% of the average volume of imports of the agricultural product concerned.
(5) The data and procedure for the determination of the trigger level of import volumes referred to in paragraphs 2, 3 and 4 are set out in Annex 1 to this Regulation.
(6) A shorter period of time than 3 years may be provided for the determination of the trigger level for a rapidly perishable and seasonal agricultural product, taking into account the specific characteristics of these products.
(1) The basis for establishing the trigger level of import volumes is the statistical information of customs statistics and information of the Czech Statistical Office. 5)
(2) The volume of imports monitored to determine whether the trigger level of import volumes has been reached shall also include imports made under normal and minimum access obligations.
The additional duty may not exceed one third of the import duty provided for in special legislation6) applied in the year in which the additional duty is fixed. The additional duty may be applied only until the end of the calendar year in which it was fixed.
Imports of an agricultural product made under a contract concluded prior to the imposition of an additional duty shall not be subject to this duty if the supply of that product started before the imposition of an additional duty, but only if such imports can be counted for the purposes of applying an additional duty to the volume of imports of the agricultural product during the following year.
Additional duty in case of a drop in import price below trigger price
(1) The trigger price is determined as an average of the import price of the agricultural product for the period 1991 to 1992.
(2) The basis for establishing the trigger price (3) is the statistical information of customs statistics and information of the Czech Statistical Office. 5)
(1) The additional duty shall be calculated at the level of:
(a) 30% of the amount by which the difference between the import price and the trigger price (hereinafter referred to as the difference) exceeded 10% of the trigger price if that difference is more than 10% of the trigger price but less than or equal to 40% of the trigger price,
(b) 50% of the amount by which the difference exceeds 40% of the trigger price if the difference is greater than 40% of the trigger price but less than or equal to 60% of the trigger price; the additional duty thus determined shall be added to the duty fixed under point (a);
(c) 70% of the amount by which the difference exceeds 60% of the trigger price if the difference is greater than 60% of the trigger price but less than or equal to 75% of the trigger price; the additional duty thus fixed shall be added to the duty fixed under points (a) and (b);
(d) 90% of the amount by which the difference exceeds 60% of the trigger price if the difference exceeds 75% of the trigger price; the additional duty thus determined shall be added to the duty fixed under points (a), (b) and (c).
(2) The data and the procedure for establishing the trigger price referred to in paragraph 1 are set out in Annex 2 to this Regulation.
(3) In order to establish the trigger price for a high-speed and seasonal agricultural product, different import prices for different periods shall be established taking into account the specific characteristics of these products.
The additional duty shall not be imposed on imports of an agricultural product whose volume of imports is falling, until such time as imports of that agricultural product are halted, unless this causes injury or threat of injury to the domestic industry producing the same or similar agricultural product.
NOUS MEASURES
Importation of an agricultural product not listed in the Annex to the Act originating in a Member State of the World Trade Organisation (WTO) may be subject to emergency measures (hereinafter referred to as "measures') in the form of quantitative restrictions on imports of an agricultural product or of a duty adjustment for an agricultural product, provided that the Ministry, in cooperation with the Ministry of Industry and Trade and the Ministry of Finance, ascertains compliance with the criteria set out in Annex 3 to this Regulation with the conditions laid down for the application of the measures by an international agreement. (4) The initiation of the investigation and its results shall be published.
(1) The measure shall be adopted only if the agricultural product is imported into the territory of the Czech Republic in such increased quantities and under such conditions as to cause or threaten to cause serious injury to the domestic industry which produces similar or directly competing agricultural products, and if there is a causal link between such imports and serious injury or threat thereof.
(2) The measure shall be taken without regard to the country of origin of the agricultural product, unless otherwise provided for in the international treaty to which the Czech Republic is bound.
(1) In assessing whether there has been serious injury to the domestic industry or the threat thereof caused by the exceptional increase in imports, the Ministry shall take into account in particular:
(a) the evolution of the increase in the volume of imports of the agricultural product, both overall and in relation to the production volume of the same or similar agricultural product produced by the domestic industry in the quantitative and value data for the last 3 years preceding the date of initiation of the investigation;
(b) the conditions under which imports of the increased quantities of the imported agricultural product take place (price, quality, conditions of sale, share of the imported agricultural product on the domestic market and changes in sales of the same or similar agricultural product produced by the domestic industry on the domestic market - price, quantity, quality, sales capacity, growth of non-sales stocks, etc.),
(c) the effect of increased imports on the economic indicators of the domestic industry, in particular profit (possibly loss), labour productivity, capacity utilisation, return on investment, employment,
(d) the export capacities of the country of origin of the agricultural product at the time of the initiation of the investigation and the assumption of a further increase in imports of the agricultural product;
(e) the extent of damage to the domestic industry or its expected damage;
(f) the causal link between the increased imports and the serious injury or threat of serious injury.
(2) If factors other than increased imports cause serious injury or threat of serious injury to the domestic industry, such injury or threat of injury shall not be attributed to increased imports.
Conditions and duration of application of the measure
(1) The measures are taken to the extent and for the period necessary to prevent or remedy the serious injury suffered by the industry and sufficient for the industry to establish such conditions as to enable it to adapt to the circumstances of the new industry.
(2) Where a measure takes the form of a quantitative restriction, this measure shall not reduce the volume of imports of an agricultural product below the average of imports of that agricultural product in the last 3 years for which statistics are available, unless it is undoubtedly demonstrated that a different level is needed to prevent or correct significant overall injury to the industry.
(1) Measures may be taken for up to 4 years. The duration of the provisional measures is to be taken into account by this deadline (Section 21).
(2) A four-year period may be extended where it is established that the longer duration of the measures is necessary to prevent or remedy significant overall injury to the industry while it is demonstrated that the industry is adapting to the new circumstances affecting the situation of the industry. The total duration of the measure shall not exceed 8 years.
(3) If the measure is extended, it shall not be more restrictive than at the end of the initial period and shall be further released.
(4) If the period of application of the measure is longer than 1 year, the measure must be gradually released at regular intervals so that the industry can create conditions that enable it to adapt to the new circumstances affecting the situation of the industry.
(5) If the Ministry finds, after half of the period of application of the measure which has been adopted for more than 3 years, that the reasons for its adoption have wholly or partly ceased to exist, the Government shall repeal or restrict its regulation introducing the measure in question.
Re-adoption of measures
(1) The measure may be readopted where the conditions for its application are met.
(2) The measure may not be re-adopted for the same agricultural product for a period equal to the period during which such measure was previously applied.
(3) Notwithstanding the length of the period during which the previous measure was applied to the same agricultural product, the period of non-establishment may not be less than 2 years, unless it is a measure lasting 180 days or less, if:
(a) at least 1 year has elapsed since the date of adoption of the measures on imports of this agricultural product; and
(b) the measure was not applied to the same agricultural product more than twice in the five-year period immediately preceding the date of application of the measure.
The measure shall not be taken to limit imports of agricultural product from a developing country which is a member of the WTO, provided that the proportion of imports of that agricultural product from that country does not exceed 3% of the total import volume of that agricultural product to the Czech Republic, provided that imports from developing countries with a share of less than 3% together do not represent more than 9% of the total import volume of that agricultural product to the Czech Republic.
(1) In critical circumstances, where delays would cause damage which would be difficult to remedy and if the course of the investigation indicates that there is evidence that increased imports of products have caused or threaten to cause serious injury to the domestic industry, the Government may, by Regulation, adopt provisional measures in the form of a duty adjustment.
(2) The period of application of the provisional measure must not exceed 200 days.
(3) If, in the course of a further investigation, the Ministry finds that the increased imports of the agricultural product did not cause or threaten to cause serious injury to the domestic industry, the provisional measures will be repealed and the duty collected returned.
Imports of agricultural products from non-WTO countries
(1) Unless otherwise specified, paragraphs 14 to 21 shall apply to the adoption of measures on imports of agricultural products originating in non-WTO countries.
(2) Where an agricultural product originating in a non-WTO Member State is imported in such increased quantities or under such conditions as to cause or threaten to cause serious injury to the domestic industry which produces the same or similar agricultural products and where there is a causal link between such imports and or a threat of serious injury, measures may be taken in relation to that State or those States from which the agricultural product originates, unless otherwise provided for in an international agreement binding the Czech Republic.
(3) In addition to the indicators set out in Section 16, when establishing or threatening serious injury, the economic and commercial policy of such a State shall be assessed in accordance with the principles contained in the Agreement establishing the World Trade Organisation.4)
(1) The entry value shall be applied in accordance with international obligations, including bilateral international agreements with which the Czech Republic is bound.
(2) The entry value shall be determined by the sum of the average annual price of selected agricultural products produced by domestic producers recorded for the preceding calendar year and of the import cla.1)
Efficacy
This Regulation shall enter into force on the day of its publication.
Prime Minister:
Ing. Zeman v. r.
Minister for Agriculture:
Ing. Fencl v. r.
Příloha č. 1
Annex No. 1 to Government Decree No. 39 / 1999 Coll.
Data and procedure for establishing the trigger level of import volumes pursuant to § 7 (2), (3) and (4)
1. the information necessary for the application of the special safeguard measures:
(a) the average volume of imports in units of measurement over the last 3 years (P);
(b) average consumption over the last 3 years in units of measurement (S);
(c) the difference between the consumption of the last year and the year preceding that in units of measurement (RS);
(d) the current volume of imports in units of measurement over the selected period (A).
2. Survey procedure:
If domestic consumption is known over the last 3 years, the following shall be followed:
Article 7 (2) (a)
| Když: | - Spouštěcí úroveň (SU) v daném roce je 125 % P | |
Article 7 (2) (b)
| Když: | - Spouštěcí úroveň (SU) v daném roce je 110 % P | ||||
Article 7 (2) (c)
| Když: | - Spouštěcí úroveň (SU) v daném roce je 105 % P | |
Article 7 (3)
Calculation of trigger import volume level (SO)
SO = SU / 100 × P + RS
Article 7 (4)
Where domestic consumption of the product concerned is not known over the last 3 years, the average import volumes over the last 3 years shall be based on:
SO = P × 125
Příloha č. 2
Annex No 2 to Government Decree No. 39 / 1999 Coll.
Data and procedure for determining the trigger price pursuant to § 12
1. the information necessary for the application of the special safeguard measures:
(a) Trigger price (R) - average import price for the period 1991 - 1992 in CZK / unit; where, in at least one year of this period, the import price cannot be established according to official customs statistics, the import price recorded in the next year shall apply;
b) Current import price (C) - import value CZK / unit of individual tariff items (8 or 10 seats).
2. Procedure for establishing the conditions for the application of the additional duty:
It shall be based on the basic formula:
| kde: | R = spouštěcí cena C = dovozní cena | ||
Article 12 (1) (a)
| Když: | |||||||||
Article 12 (1) (b)
| Když: | ||||||||||||||||
Article 12 (1) (c)
| Když: | |||||||
Article 12 (1) (d)
| Když: | ||||||
Contrary to the volumetric criterion, the evaluation of the trigger price must be carried out on an individual subheading according to the tariff nomenclature, i.e. on 8 seats.
Příloha č. 3
Annex No. 3 to Government Decree No. 39 / 1999 Coll.
Criteria for the adoption of an emergency measure under Section 14
In order to start negotiations on the introduction of emergency measures for the agricultural product concerned, the following documents will have to be provided:
1. a) Production of agricultural product in the Czech Republic for the last 3 previous years.
(b) Estimates of domestic production in the current year.
2. (a) Consumption of agricultural product in the Czech Republic in the last 3 years.
(b) Estimate of consumption in the current year.
3. (a) Import of the agricultural product into the Czech Republic during the previous 3 years.
b) Import of the commodity into the Czech Republic in the current year
- of which imports from the country with the highest import volume - the last 3 years and in the current year.
4. Share of imports in domestic consumption over the last 3 years and in the current year
- of which the share of imports in domestic consumption from the country with the highest import volume in the last 3 years and in the current year.
5. Share of imports in domestic production over the last 3 years and in the current year
- of which the share of imports in production from the country with the highest import volume in the last 3 years and in the current year.
6. Total exports of agricultural product in the last 3 years and in the current year.
7. Evidence of apparent damage to domestic production by imports
- demonstrate the causal link between this injury and imports (in particular financial losses, effects on employment and other social aspects).
8. Description of the organisation of production and market (monopolistic situation, existence of cartel agreements, etc.).
9. Other aspects and facts that could support the rationale for introducing emergency measures (price - internal, external, production etc.).
10. Calculating the domestic price, developing the domestic price over the last 3 years, export prices from the countries where the most damage comes from.
11. The investigation of the impact on the sector concerned must include an appreciation of all economic factors and indicators affecting the state of the industry (decrease in production, capacity utilisation, impact on employment, sales, market share, profit, productivity, factors affecting the domestic price etc.).
1) § 54 paragraph 1, § 56, 57 of Act No. 13 / 1993 Coll., Customs Act. Decree of the Government No 303 / 1998 Coll., on the issue of the Customs Tariff and establishing import duty rates for goods originating in developing and least developed countries and the conditions for their application (Customs Tariff).
2) Decree No. 560 / 1991 Coll., on the conditions for the issue of official authorisation to import and export goods and services, as amended by Decree No. 130 / 1993 Coll., Decree No. 300 / 1993 Coll., Decree No. 88 / 1994 Coll., Decree No. 175 / 1994 Coll., Decree No. 192 / 1995 Coll., Decree No. 156 / 1996 Coll., Decree No. 115 / 1997 Coll., Decree No. 233 / 1997 Coll., Decree No. 56 / 1998 Coll., Decree No. 141 / 1998 Coll., Decree No. 261 / 1998 Coll., Decree No. 331 / 1998 Coll.
3) Communication from the Ministry of Foreign Affairs No. 191 / 1995 Coll., on the negotiation of the Agreement establishing the World Trade Organisation (WTO) - Agriculture Agreement, Article 5 (1) (b).
4) Communication from the Ministry of Foreign Affairs No. 191 / 1995 Coll.
5) Act No. 13 / 1993 Coll., as amended by Act No. 35 / 1993 Coll. and Act No. 113 / 1997 Coll. Act No. 89 / 1995 Coll., on the State Statistical Service.
Sign in for notes, favorites and notifications
Regulation Information
| Citation | Government Decree No. 39 / 1999 Coll., implementing Section 3 of Act No. 252 / 1997 Coll., on Agriculture |
|---|---|
| Regulation Type | Regulation |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 24.02.1999 |
|---|---|
| Effective from | 24.02.1999 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
Comments 0