Government Decree No. 440 / 2002 Coll.
Government regulation laying down the conditions and principles for granting the subsidy for exports of poultry meat produced from chickens for slaughter and turkeys for slaughter
Valid
Regulation
Effective from 11.10.2002
Text versions:
11.10.2002
440
GOVERNMENT REGULATION
of 25 September 2002
laying down the conditions and principles for granting the subsidy for exports of poultrymeat produced from chickens for slaughter and turkeys for slaughter
The Government hereby orders pursuant to § 12 (1) to implement § 1 (2) (c) of Act No. 256 / 2000 Coll., on the State Agricultural Intervention Fund and amending certain other laws (Act on the State Agricultural Intervention Fund):
Preliminary provisions
(1) The State Agricultural Intervention Fund (hereinafter referred to as the Fund), in implementing measures for the organisation of the market in poultrymeat produced from chickens for slaughter and domestic turkeys for slaughter, grants to natural and legal persons meeting the conditions laid down in this Regulation a subsidy for the export of poultry meat produced from chickens for slaughter or turkeys for slaughter in the categories referred to in points 1 and 2 of Annex 1 to this Regulation (hereinafter referred to as "poultrymeat").
(2) The Fund provides for:
(a) the period during which the subsidised exports of poultrymeat will take place, on the basis of the possibility of placing the quantities of poultrymeat referred to in point (b) on the foreign markets;
(b) the total quantity of each category of poultrymeat during the period referred to in (a) for which a subsidy may be granted for exports; that quantity shall be determined on the basis of the production and sales balance for the six preceding calendar months and on the basis of the forecast production and sales balance for poultrymeat for the six following calendar months, taking into account the Fund's budgetary options,
(c) the price which the recipient of the subsidy is obliged to pay to the supplier within 30 days for at least 1 kg live weight delivered
1. Class I slaughter chickens, where poultry meat is subsidised in the categories referred to in point 1 of Annex 1 to this Regulation,
2. broiler grade I slaughter turkeys, where poultry meat is the subject of the subsidy in the categories referred to in point 2 of Annex 1 to this Regulation,
having regard to the need to avoid a fall in the price of poultrymeat and the budgetary possibilities of the Fund,
(d) the period within which an application for a subsidy of the amount requested for the export of poultrymeat, hereinafter referred to as "the application," may be lodged,
(e) the maximum amount of subsidy that may be granted for exports of 1 kg of poultrymeat.
(3) The conditions referred to in paragraph 2 (b) to (e) shall be laid down by the Fund for each period fixed in accordance with paragraph 2 (a) and shall be published in a manner which allows remote access and in at least one national journal no later than 5 days before the date on which the application referred to in paragraph 2 (d) may be submitted.
(4) For the conversion into live weight of each of the categories of poultrymeat listed in Annex 1 to this Regulation, the coefficients set out in that Annex shall be applied.
Request
(1) A natural or legal person (hereinafter referred to as the applicant) may submit an application to the Fund if:
(a) has its registered office or permanent residence in the territory of the Czech Republic, and if it is a foreign applicant, it shall prove that it is legally engaged in business in the territory of the Czech Republic,
(b) provide evidence at the date of the application by the accounting officer or, where appropriate, by customs documents that, in the calendar year preceding the calendar year in which the application was lodged, he has exported at least 250 tonnes of goods listed in the Customs Tariff under group 0207;
(c) apply for a subsidy for exports of at least 250 tonnes of poultrymeat;
(d) it is settled on the date of application due to the Fund, the Ministry of Agriculture, the Land Fund of the Czech Republic, the National Property Fund of the Czech Republic, the commitments arising from the aid granted to agriculture and the commitments due for poultry and turkeys delivered to all suppliers,
(e) is not in liquidation and no bankruptcy has been declared against his property.
(2) The particulars of the application shall include the model of the application set out in Annex 2 to this Regulation. The applicant shall confirm compliance with the conditions set out in points (d) and (e) of Paragraph 2 (1) with a declaration of honour, a specimen of which is set out in point 4 of Annex 2 to this Regulation. The application shall be accompanied by a valid officially certified copy of the extract from the commercial register and, where appropriate, a valid officially certified copy of the trade mark.
(3) The applicant shall indicate in the application:
(a) the quantities of poultrymeat broken down into the categories listed in Annex 1 to this Regulation;
(b) the amount of subsidy requested for the export of each category of poultrymeat up to and including the amount fixed in accordance with Article 1 (2) (e);
(c) the quantities of chickens for slaughter and turkeys for slaughter required for the production of poultrymeat for which export subsidies are requested.
(4) The application may be served on the Fund by the deadline set by the Fund at the latest [Paragraph 1 (2) (d)].
Assessment of the application
(1) The Fund shall examine the applications received from applicants in view of whether:
(a) the application is submitted within the time limit set;
(b) the applicant fulfils the conditions laid down in Articles 2 (1) and 2 (3) (b);
(c) the application is supported by the necessary documents as referred to in Articles 2 (1) (b) and 2 (2) and is completed in full.
(2) If the Fund finds that one of the conditions referred to in paragraph 1 is not met, it shall reject the application and notify the applicant in writing, stating the reason for the refusal.
(3) The non-rejected applications referred to in paragraph 2 shall be ranked by the Fund according to the subsidy amount requested from the lowest subsidy application to the highest subsidy application.
(4) The Fund shall propose to applicants the conclusion of a subsidy contract for the export of poultrymeat (hereinafter referred to as "the contract"), on the basis of the ranking referred to in paragraph 3, pending the completion of the total quantity fixed for each category of poultrymeat referred to in Article 1 (2) (a).
Subsidy contract
(1) The Fund shall conclude a contract with the beneficiary of the subsidy for the period laid down in Article 1 (2).
(2) The contract always contains:
(a) the determination of the quantities of poultrymeat broken down by category as set out in Annex 1 to this Regulation for whose exports the Fund grants a subsidy equal to that of the beneficiary of the subsidy in the application;
(b) the undertaking of the beneficiary of the subsidy to export the quantities of poultrymeat determined in accordance with point (a) during the period provided for in Article 1 (2) (a);
(c) an undertaking by the beneficiary to repay the subsidy if it fails to comply with the terms of the contract or if it contains false information in the application;
(d) the undertaking of the recipient of the subsidy not to import into the Czech Republic during the period provided for in Article 1 (2) (a) of the Customs Tariff under group 0207,
(e) an undertaking by the recipient of the subsidy to purchase from suppliers the slaughter chickens or, where appropriate, the slaughter turkeys required for the production of the quantities of poultry meat to be granted, and to pay suppliers within 30 days of the date of delivery during the period referred to in Article 1 (2) for each 1 kg of such purchased slaughter chickens of Class I or, where applicable, broiler turkeys of Class I, the price fixed for that period pursuant to Article 1 (2) (c);
(f) setting the time limit by which the beneficiary of the subsidy must keep evidence demonstrating compliance with the conditions for granting the subsidy;
(g) the reservation of the Fund to withdraw from the contract in the event of non-compliance with the terms of the contract or in the event of the finding of false information in the application.
Subsidy
(1) The Fund shall grant a subsidy for the export of each 1 kg of poultrymeat up to the quantities agreed in the contract referred to in Article 4 (2) (a) within 21 days of the date of submission of all necessary documents demonstrating compliance with the contractual conditions for granting the export subsidy.
(2) The Fund will grant a subsidy for the export of poultrymeat only to States to which such subsidy for the export of poultrymeat may be granted in accordance with the international agreement, 1) to which the Czech Republic is bound.
Efficacy
This Regulation shall enter into force on the day of its publication.
Prime Minister:
PhDr. Špidla v. r.
Minister for Agriculture:
Ing. Palas v. r.
Příloha č. 1
Annex No. 1 to Government Decree No. 440 / 2002 Coll.
Category of poultrymeat for which the Fund may grant a subsidy for the export of poultrymeat and conversion factors to live weight of chickens for slaughter and turkeys for slaughter
| Pořadové číslo | Kategorie drůbežího masa | Přepočtový koeficient na živou hmotnost |
|---|---|---|
| 1. | Kuřecí maso dělené, zmrazené a vykostěné (CN 0207 14 10) - z toho 44% prsních řízků a 56% stehenních řízků | 3,14 |
| 2. | Krůtí maso dělené, zmrazené a vykostěné (CN 0207 27 10) - z toho 77% prsních svalů a 23% stehenních plátků | 3,37 |
Příloha č. 2
Annex No. 2 to Government Decree No. 440 / 2002 Coll.
1) For example, the Central European Free Trade Agreement concluded between the Czech Republic, the Republic of Hungary, the Republic of Poland and the Slovak Republic, published under No 54 / 1995 Coll., as amended, the Treaty establishing a Customs Union between the Czech Republic and the Slovak Republic, published under No 237 / 1993 Coll., the European Agreement establishing an Association between the Czech Republic, of the one part, and the European Communities and their Member States, of the other part, published under No 7 / 1995 Coll., as amended.
Sign in for notes, favorites and notifications
Regulation Information
| Citation | Government Regulation No. 440 / 2002 Coll., laying down the conditions and principles for granting the subsidy for exports of poultry meat produced from chickens for slaughter and turkeys for slaughter |
|---|---|
| Regulation Type | Regulation |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 11.10.2002 |
|---|---|
| Effective from | 11.10.2002 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
Comments 0