Government Regulation No. 425 / 2017 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
Valid
Regulation
Effective from 15.12.2017
Text versions:
15.12.2017
11.12.2017
425
GOVERNMENT REGULATION
of 6 December 2017
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
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.:
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. and Government Regulation No. 341 / 2016 Coll., are amended as follows:
1. At the end of footnote 1, the sentence "Commission Delegated Regulation (EU) 2017 / 891 of 13 March 2017 supplementing Regulation (EU) No 1308 / 2013 of the European Parliament and of the Council with regard to the fruit and vegetables and processed fruit and vegetables sectors and supplementing Regulation (EU) No 1306 / 2013 of the European Parliament and of the Council with regard to the penalties applied in those sectors and amending Commission Implementing Regulation (EU) No 543 / 2011 'is added to the separate line.
2. In Paragraph 2 (1), the word "legal 'shall be inserted after the word" filing'.
3. Paragraph 2 (2), including footnotes 42 and 54, reads as follows:
"(2) The application shall be accompanied by:
(a) the original or officially certified copy of the existing statutes of the organisation;
(b) proof that the applicant brings together at least 5 producers from the date of application (42) who are not linked by staff;
(c) proof that the annual value of marketed production, to which all the producers which the applicant brings together are involved in the last calendar year preceding the application date, was at least 6 000 000 Kč5),
(d) proof that the proportion of marketed production by one producer of the applicant for the total marketed production by all producers of the applicant for the last calendar year before the date of application is less than 50%; and
(e) information on commercial and budgetary management54) as set out in Annex 5 to this Regulation.
(42) Article 2 (a) of Commission Delegated Regulation (EU) 2017 / 891.
(54) Article 7 (d) of Commission Delegated Regulation (EU) 2017 / 891. '
4. 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:
(a) the applicant fulfils the conditions laid down in paragraphs 1 and 2; and
(b) in the year of application and in the year preceding the year of application, each producer shall have registered agricultural land with agricultural culture as standard arable land or fruit orchards in the land use register according to user relations. "
5. In Article 2 (4), the words "Person recognised under paragraph 3 'are replaced by" Producer organisation or transnational producer organisation'.
6. Paragraph 2 (5), including footnote 55, reads:
"(5) Producer organisations and transnational producer organisations for the duration of the period
(a) it shall bring together at least five producers which are not connected by staff;
(b) marketing each calendar year of production55) in which all associations of producers participate, with a value of at least CZK 6 000 000; and
(c) ensure that each combined producer has registered agricultural land with agricultural culture standard arable land or fruit orchards in the land use register according to user relations.
55) Article 59 of Commission Delegated Regulation (EU) 2017 / 891. '
(7) Paragraph 6, including the title and footnote 14, 15, 16, 38, 39 and 40, shall be deleted.
8. In Article 8, the following paragraph 9 is added:
"(9) The producer organisation may submit to the Fund, on a form issued by it, an application for an amendment to the operational programme for the following years, not later than 15 September 56) of the year preceding the amendment to the operational programme.
56) Article 34 (1) of Commission Delegated Regulation (EU) 2017 / 891. '
9. Paragraph 9 (1) reads as follows:
"(1) The following crisis prevention measures shall not apply in the Czech Republic (25):
(a) investments ensuring more efficient management of the quantities marketed; and
(b) support for the administrative costs of setting up mutual funds. "
(10) footnote 44 reads as follows:
"(44) Articles 44 and 49 (a) of Commission Delegated Regulation (EU) 2017 / 891. ';
11. in Paragraph 9 (5):
"(5) Producer organisations, associations of producer organisations, transnational producer organisations or transnational associations of producer organisations may deliver products withdrawn from the market for feeding to zoos."
12. In Article 9, paragraphs 6 and 7 are added, including footnote 57:
"(6) The maximum amount of aid for market withdrawals for products not listed in Annex IV to Commission Delegated Regulation (EU) No 2017 / 891 is set out in Annex 6 to this Regulation.
(7) The harvesting or non-harvesting of unripe fruit and vegetables may not be carried out for products for which the harvest period lasts for more than one month, provided that at least 70% of production57 has already been harvested).
57) Article 48 (3), third subparagraph, of Commission Delegated Regulation (EU) 2017 / 891. ';
13. The following Paragraph 11c is inserted after Paragraph 11b, which includes the title and footnotes No 58 to 60:
Aid for temporary exceptional support measures in 2017 / 2018
(1) The aid (58) for the withdrawal, green harvesting or non-harvesting of fruit is granted for selected products listed in the directly applicable European Union59) and produced in the Czech Republic, for measures implemented between 1 July 2017 and 30 June 2018.
(2) A prior notification of the implementation of the measure referred to in paragraph 1 shall be sent by the applicant to the Fund in accordance with the directly applicable European Union49) by 30 April 2018 at the latest using the form issued by the Fund.
(3) In order to calculate the aid for the measures referred to in paragraph 1, the yields of the selected products for the conversion of the area notified by the applicant to the Fund in hectares for the quantity of products in tonnes and the maximum amount of aid shall be as set out in Annex 7 to this Regulation.
(4) The aid application shall be submitted by the applicant to the Fund by 31 July 2018 at the latest using the form issued by the Fund.
(5) Where the area recognised, converted into tonnes and the quantity recognised in tonnes of aid applications received exceeds the quantity of 2 000 tun60), the Fund will reduce the support of individual applicants proportionately.
(58) Article 1 (1) of Commission Delegated Regulation (EU) 2017 / 1165 of 20 April 2017 providing for temporary exceptional support measures for producers of certain fruit.
59) Article 1 (2) of Commission Delegated Regulation (EU) 2017 / 1165.
60) Article 2 (1) of Commission Delegated Regulation (EU) 2017 / 1165. '
14. The following Annexes 5 to 7 are added, including the headings:
"Annex No 5 to Decree No 318 / 2008 Coll.
Information on the commercial and budgetary management of the producer organisation
A. Information on the commercial management of the producer organisation
Information on the commercial management of the producer organisation shall include in particular:
1. the division of products into groups for direct sales and storage;
2. establishing the rights and obligations of members to the producer organisation (may be the content of the organisation's statutes),
3. establishing the rights and obligations of the producer organisation to members (may be the content of the statutes of the organisation),
4. the rules governing the supply of goods to the producer organisation and the sale of goods, in particular a description of the following activities:
(a) acceptance of goods between a member of a producer organisation and the stock, a description of the acceptance process, including the determination of the procedure where the goods do not comply with the standard suitable for storage;
(b) a description of the storage and sorting process, the payment of storage costs, the keeping of daily storage records, the proper marking of goods before storage, the keeping of stock cards, the laying down of mandatory rules for the classification of fruit in quality classes;
(c) a description of the transport of fruit from the grower to the destination or point of sale; and
(d) a description of how the goods are prepared for dispatch and sold.
B. Information on the budgetary management of the producer organisation
The information on the budgetary management of the producer organisation shall include in particular:
1. a description of the circulation of the document when the goods are delivered to the producer organisation (tax documents),
2. financial flows, determination of the contribution of a member of a producer organisation from the volume of each supply to the operational fund, time limit for payment of supply to a member of the producer organisation,
3. a description of the handling of the products in storage, the reimbursement of storage costs, any losses; and
4. the procedure for the application of objections by a member of a producer organisation.
Příloha č. 6
Annex No 6 to Government Regulation No 318 / 2008 Coll.
Maximum aid for withdrawal from the market for products referred to in Article 9 (5)
| Produkt | Maximální podpora (Kč/t) | |
|---|---|---|
| Bezplatné rozdělení | Jiné určení produktů | |
| Třešně | 14 530 | 10 898 |
| Višně | 4 870 | 3 652 |
| Švestky, slívy | 4 227 | 3 170 |
| Jahody | 22 437 | 16 828 |
| Rybíz červený | 3 429 | 2 571 |
| Rybíz černý | 5 332 | 3 999 |
| Mrkev | 2 475 | 1 857 |
| Cibule | 2 527 | 1 895 |
| Okurky salátové | 7 334 | 5 501 |
| Papriky | 8 522 | 6 391 |
| Salát | 11 706 | 8 779 |
| Brokolice | 10 800 | 8 100 |
| Kedluben | 8 651 | 6 488 |
| Kapusta | 3 839 | 2 879 |
| Ředkvičky | 10 568 | 7 926 |
| Hlávkové zelí bílé | 2 007 | 1 505 |
| Hlávkové zelí červené | 2 727 | 2 045 |
Příloha č. 7
Annex No 7 to Government Regulation No 318 / 2008 Coll.
Proceeds of selected products for the conversion of areas notified by the applicant to the Fund in hectares into quantities of products in tonnes and maximum amount of aid for the measure referred to in Article 11c
| Druh ovoce | Průměrné výnosy (t/ha) | Sklízení nezralého ovoce nebo jeho nesklízení | Stahovaní z trhu s jiným určením produktů | |||
|---|---|---|---|---|---|---|
| Členové organizace producentů (OP) | Nečlenové | Členové organizace producentů | Nečlenové | |||
| Příspěvek EU (75 %) EUR/ha | Příspěvek OP (25 %) EUR/ha | Příspěvek EU (50 %) EUR/ha | Příspěvek EU (75 %) EUR/t | Příspěvek EU (50 %) EUR/t | ||
| Jablka | 20,41 | 1 821,29 | 607,10 | 1 214,19 | 99,15 | 66,10 |
| Hrušky | 14,69 | 1 576,60 | 525,53 | 1 051,07 | 119,25 | 79,50 |
| Švestky | 4,99 | 687,12 | 229,04 | 458,08 | 153,00 | 102,00 |
| Broskve a nektarinky | 3,25 | 590,12 | 196,71 | 393,41 | 201,75 | 134,50 |
| Třešně | 2,85 | 617,33 | 205,78 | 411,55 | 240,68 | 160,45 |
Transitional provisions
1. Applications initiated under Government Regulation No. 318 / 2008 Coll., as effective before the date of entry into force of this Regulation, shall be completed under Government Regulation No. 318 / 2008 Coll., as effective before the date of entry into force of this Regulation.
2. A producer organisation and a transnational producer organisation recognised under Government Regulation No. 318 / 2008 Coll., as effective before the date of entry into force of this Regulation, shall comply with the condition laid down in Paragraph 2 (5) (c) of Government Regulation No. 318 / 2008 Coll., as effective from the date of entry into force of this Regulation, as from 1 July 2018.
Efficacy
This Regulation shall enter into force on 15 December 2017.
Prime Minister:
Sobotka v. r.
Minister for Agriculture:
Ing. Jurečka v. r.
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Regulation Information
| Citation | Government Regulation No. 425 / 2017 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 |
|---|---|
| Regulation Type | Regulation |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 11.12.2017 |
|---|---|
| Effective from | 15.12.2017 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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