Government Decree No. 445 / 2000 Coll.
Government Regulation on the establishment of milk production quotas for the years 2001 to 2005
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Regulation
Effective from 01.01.2001
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445
GOVERNMENT REGULATION
of 22 November 2000
establishing production quotas for milk for the years 2001 to 2005
The Government orders pursuant to § 2 (5) and § 12 (3) to (5) 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):
This Regulation lays down production quotas for milk, the conditions for the system of milk production quotas, the method and conditions for granting compensatory aid to compensate for the damage caused by the introduction of the system of milk production quotas, the minimum price and the quality characteristics of milk.
Definition of terms
For the purposes of this Regulation:
(a) milk of cow's milk produced in the territory of the Czech Republic meeting the requirements laid down in specific legislation1);
(b) a set of measures to stabilise and regulate the market in milk and milk products as defined in specific legislation, 1a)
(c) the quota year for the period 1 April to 31 March of the calendar year;
(d) by the processor, a natural or legal person who buys raw milk or milk products and sells them processed under special legislation, 2)
(e) by a producer, a natural or legal person who manages agricultural products in the Czech Republic and sells raw milk to a sales organisation or processor or sells milk and milk products directly to the consumer;
(f) by an individual reference supply, the volume of raw milk delivered by the producer to the sales organisation or the dairy plant during the period 1 January 2000 to 31 December 2000,
(g) the total reference supply of raw milk from producers to sales organisations and processors during the period 1 January 2000 to 31 December 2000;
(h) by an individual milk supply quota, the volume of raw milk allocated by the State Agricultural Intervention Fund (hereinafter referred to as "the Fund") to the producer for sales to the sales organisation or processor during the quota year;
(i) by an individual quota of direct milk sales, the volume of milk and milk products converted into the equivalent volume of raw milk allocated to the producer by the Fund for direct sales to the consumer during the quota year;
(j) the sales organisation is a legal person who buys and sells unprepared raw milk and is not the processor referred to in (d);
(k) the reserve volume of milk intended to establish new individual milk production quotas or to increase the established individual milk production quotas;
(l) by the national production quota, the sum of the individual milk production quotas laid down and the reserve, which shall be equal to the volume provided for in Article 14 (1).
Determination of individual milk production quotas
(1) The amount of the individual supply quota is determined by calculating the formula set out in Annex 1 to this Regulation.
(2) The amount of the individual direct sales quota shall be fixed in the volume of milk and milk products converted into the volume of raw milk sold directly to the consumer during the period 1 January 2000 to 31 December 2000.
(3) The volume of milk and milk products of the individual quota of direct sales of milk should be converted into the volume of raw milk according to the coefficients set out in Annex 2 to this Regulation.
(4) The individual milk production quota shall be allocated by the Fund to the producer, on application by 31 January 2001 at the latest. The application shall contain the particulars set out in Annex 3 to this Regulation.
(5) The Fund shall decide, within 30 days of receipt of the request, to fix an individual production quota for the producer.
(6) If it is not decided within that period to fix an individual milk production quota for the producer, the Fund shall allocate an individual milk production quota equal to 75% of the volume of milk delivered to the sales organisation and processors and delivered directly to consumers during the period 1 January 2000 to 31 December 2000.
Submission of an application to increase the existing and allocation of a new individual milk production quota from the reserve
(1) An application for an increase in the individual milk production quota established or the allocation of a new individual milk production quota from the reserve established for the following quota year shall be submitted by the applicant to the Fund no later than 30 days before the beginning of the quota year. Applications received after that date shall be considered as applications for an increase or allocation of a new individual milk production quota from the reserve for the following quota year immediately. The application shall contain the particulars set out in Annex 4 to this Regulation. The application for the allocation of a new individual milk production quota shall be accompanied by proof of disposal for the quantity requested by the individual milk production quota.
(3) A producer who has not applied for the allocation of an individual milk production quota in accordance with Article 3 and at the same time starts market production after 1 January 2001 may apply for the allocation of a new individual milk production quota from the reserve established under Article 14 for the quota year 2001 / 2002. This also applies to producers who interrupted the market production of raw milk for a period of more than 30 days between 1 January 2000 and 31 December 2000.
(4) The increase in the individual milk production quota laid down shall not exceed 15% of the amount of the individual milk production quota allocated to the producer at the date of application.
Decision-making of the application
(1) The Fund decides to increase the individual milk production quota established or to allocate a new individual milk production quota.
(2) The Fund shall assess whether the applications for an increase in the individual milk production quota and the new applications for an individual milk production quota from the reserve comply with the requirements laid down in Article 4 within 15 days of the beginning of the quota year for which an increase in the individual production quota is requested.
(3) The Fund shall satisfy the requirements of the applicants referred to in paragraph 2, which shall, in total, exceed the amount of the reserve for the allocation for the relevant quota year (Paragraph 14 (4)).
(4) The new individual milk production quota shall be determined on condition that the applicant has to prove within 90 days of the beginning of the quota year that he is a milk producer. If this is not demonstrated by the applicant, the effects of the allocation of the individual milk production quota shall cease. The Fund shall notify the applicant without undue delay.
Reduction of the individual milk production quota
(1) If the producer has not exhausted an individual milk production quota in the quota year, the Fund shall reduce its individual milk production quota by a proportion calculated in accordance with paragraph 2 from the quota year following the quota year in which the reduction took place. The Fund shall not make a reduction if the producer's milk production has decreased as a result of force majeure and the producer has notified the Fund without delay.
(2) The Fund shall reduce the individual milk production quota referred to in paragraph 1 by:
(a) 50% of the unexhausted part of the individual milk production quota where the producer has exhausted the individual milk production quota on 31 March of the calendar year to 80% to 90%;
(b) 75% of the unused part of the individual milk production quota where the producer has exhausted the individual milk production quota on 31 March of the calendar year to 70 to 79%;
(c) the whole part of the individual milk production quota not exhausted where the producer has exhausted the individual milk production quota on 31 March of the calendar year to less than 70%.
(3) The Fund shall decide to reduce the individual milk production quota within 30 days of receipt of the information referred to in Article 11 (1) for the last calendar month of the quota year.
Transfer of individual milk production quotas
(1) The transfer of an individual milk production quota to the Fund shall be effective from the date on which the Fund received a written notification of the transfer of the quota or part thereof to a new acquirer. A producer who continues to work as a producer to whom an individual milk production quota has been allocated shall, upon request, establish a new individual milk production quota of the same amount.
(2) The acquirer of the quota is a producer to whom the quota or part thereof has been allocated.
Amendment of an individual supply quota or part thereof to an individual direct sales quota and vice versa
The individual delivery quota or part thereof may be changed during the quota year to an individual direct sale quota and vice versa, but not more than twice during the quota year and no later than 60 days before the beginning of the following quota year. The amendment shall become effective on the date of receipt of the written notification by the Fund producer of the amendment of the individual supply quota or part thereof to the individual direct sales quota and vice versa.
Compensation
(1) At the request of a producer with an individual milk production quota, the Fund will grant compensation for the damage caused by the introduction of a milk production quota system. Applications for compensatory aid shall be submitted by the applicant to the Fund by 28 February of the quota year concerned at the latest. The application shall indicate the amount of the individual milk production quota available to the producer at the date of the application. The Fund shall decide on the application no later than 60 days after the end of the quota year concerned. Compensation may be granted in advance.
(2) Compensation is fixed:
(a) for a producer whose share of the area of the agricultural parcels it has produced located in less favourable areas defined under the special legislation (2a) is at least 50% of the total area of the agricultural parcels it has managed, or for a producer who is an organic entrepreneur, (3) between 0,15 and 0,30 CZK per litre of milk delivered during the relevant quota year to a sales organisation or processor, or sold directly to the consumer under an individual milk production quota; the Fund shall publish in the Trade Bulletin within 60 days of the end of the relevant quota year,
(b) for other producers between CZK 0.10 and CZK 0.25 for each litre of milk delivered during the relevant quota year to the sales organisation or processor, or sold directly to the consumer under an individual milk production quota; the Fund shall publish in the Trade Bulletin within 60 days of the end of the quota year concerned.
(3) Paragraph 9 does not apply to the granting of compensatory aid for the period 1 April 2003 to 31 March 2004.
Compensation for the period 1 April 2003 to 30 April 2004
(1) The Fund will grant compensation on request to a producer with an individual milk production quota allocated. Applications for compensatory aid for the period 1 April 2003 to 30 April 2004 shall be submitted by the applicant to the Fund by 10 March 2004 at the latest. The Fund shall decide on the application by 30 April 2004 at the latest. The application shall indicate the amount of the individual milk production quota available to the producer at the date of the application. The Fund shall decide to fix the compensatory aid up to an individual milk production quota available to the producer at the date on which the application is submitted, plus one twelfth. Compensation may be granted in advance.
(2) Compensation is fixed:
(a) for a producer whose share of the area of his agricultural parcels situated in less favourable areas defined under special legislation (2a) is at least 50% of the total area of his agricultural parcels managed by him, or for a producer who is an organic operator, (3) between 0,15 and 0,30 CZK for each litre of milk delivered between 1 April 2003 and 30 April 2004 to a sales organisation or processor, or sold directly to the consumer under an individual milk production quota; the Fund shall publish the rate in the Trade Bulletin by 30 June 2004,
(b) for other producers between CZK 0.10 and CZK 0.25 for each litre of milk delivered between 1 April 2003 and 30 April 2004 to a sales organisation or processor, or sold directly to the consumer under an individual milk production quota; the rate of the Fund shall be published in the Trade Bulletin by 30 June 2004.
Minimum price
(1) The minimum price is set at CZK 7.60 per litre of raw milk. The minimum price shall not include the costs associated with the collection and transport of raw milk to the processor and shall not be reduced below a specified level as a result of the requirement to pay the services, costs or activities of the processor against the producer.
(2) The minimum price applies to all quantities of raw milk meeting the quality characteristics set out in Annex 6 to this Regulation supplied by:
(a) processors by a marketing organisation or producer within its individual supply quota;
(b) the sales organisation by the producer under its individual supply quota.
(3) The values of the quality characteristics listed in Annex 6 to this Regulation in points 3, 4 and 6 shall be determined as specified in the specific legislation.4)
(4) Where one of the quality characteristics listed in Annex 6 to this Regulation is not complied with in points 1, 2, 5 and 6, the minimum price should not apply only to the daily delivery of raw milk for which such non-compliance has been established. In the event of non-compliance with the quality characteristics listed in Annex 6 to this Regulation in points 3 and 4, the minimum price shall not apply to the supply of raw milk in the calendar month in which the non-compliance was found.
(5) The values of the quality characteristics listed in Annex 6 to this Regulation in points 1 to 6 shall be collected in accredited laboratories. 5)
Producer's records
(1) The producer shall, within 15 days of the end of each calendar month, send the Fund the information set out in Annex 7 to this Regulation.
(2) The producer shall keep for at least five years records relating to each quota year, broken down into monthly quantities of milk delivered, broken down into individual direct sales quota and individual delivery quota.
(3) The producer shall inform the producer of the amount of the individual supply quota allocated and its changes to the relevant processor or sales organisation.
(4) A producer supplying more than one processor or sales organisation during the quota year shall notify the Fund, which the processor or sales organisation shall pay any payment for exceeding the individual supply quota.
(5) The producer shall inform the Fund whether he supplies the milk to another processor or marketing organisation and in what quantity; It shall inform the processor and the sales organisation thereof, without prejudice to trade secrets. 6)
Obtaining information from the processor
(1) The processor shall, within 15 days of the end of each calendar month, send the Fund the information set out in Annex 8 to this Regulation.
(2) The processor shall send the Fund information within 40 days of the end of the quota year on:
(a) the sum of the volume of individual delivery quotas to its producers on 31 March of the calendar year;
(b) the sum of all milk deliveries, broken down into milk delivered from producers, sales organisations and other processors;
(c) the sum of milk deliveries and the sum of individual producer delivery quotas exceeding the individual supply quota at 31 March of the calendar year;
(d) the sum of milk deliveries and individual producer delivery quotas which have not exceeded the individual supply quota at 31 March of the calendar year;
(e) the volume of milk processed by that processor on the basis of a contractual relationship with another processor.
(3) The processor shall keep a list of milk suppliers and shall keep for at least five years all the information referred to in paragraphs 1 and 2.
(4) The processor shall keep a separate register for milk delivered only to him / her by producers, for milk delivered by producers supplying more than one processor or marketing organisation, for milk delivered by marketing organisations, for milk delivered by other processors and for milk in his / her undertaking only processed on the basis of a contractual relationship with another processor.
(5) The processor shall keep the producer informed of the fulfilment of its individual supply quota or part thereof and of the amount of the payment for exceeding its individual supply quota.
Obtaining information from the sales organisation
(1) The sales organisation shall, within 15 days of the end of each calendar month, send the Fund the information set out in Annex 9 to this Regulation.
(2) The marketing organisation shall send information to the Fund within 40 days of the end of the quota year on:
(a) the sum of the volume of individual delivery quotas by the supplying producers on 31 March of the calendar year;
(b) the sum of all milk deliveries, broken down into milk delivered from producers, other marketing organisations and processors;
(c) the sum of milk deliveries and the sum of individual producer delivery quotas exceeding the individual supply quota at 31 March of the calendar year;
(d) the sum of milk deliveries and individual producer delivery quotas which have not exceeded the individual supply quota at 31 March of the calendar year.
(3) The sales organisation shall keep a list of milk suppliers and consumers and shall keep for at least five years all data subject to reporting requirements.
(4) The sales organisation shall keep a separate register for milk delivered only by the supplying producers, for milk delivered by producers supplying more than one processor or marketing organisation and for milk delivered by other sales organisations or processors.
(5) The sales organisation shall keep the producer informed of the fulfilment of its individual supply quota or part thereof.
Market and price reports
(1) Processors report to the Fund each first working day of the week by 12.00 p.m. the selling price excluding value added tax and the volume of the quantity sold over the previous week for the following milk products: total milk powder, skimmed milk powder, whole milk powder, milk concentrated unsweetened, milk concentrated sweetened, butter, lactose, eidam, cheese of the Swiss type. For all such milk products, the packaging method, the weight of the package and the characteristics of the milk product must be given at the same time (for all milk products, the fat content and for butter, the fat and water content).
(2) Processors shall submit to the Fund monthly, no later than 15 days after the end of each calendar month, information on:
(a) the purchase of milk, including the information from which the milk was bought from (producer, other processor or sales organisation, imports from Member States of the European Union, imports from third countries), the milk fat content, the average protein content and the price at which the milk was bought,
(b) the sale of milk, including information to whom the milk has been sold (to processors or sales organisations, exports to Member States of the European Union, exports to third countries), the milk fat content, the average protein content and the price at which the milk was sold,
(c) the manufacture of butter, whole-milk powder, skimmed-milk powder, semi-rough, hard and extra-hard cheeses;
(d) the consumption of milk for the production of butter, whole milk powder, skimmed milk powder, semi-hard, hard and extra hard cheeses;
(e) lots of butter, whole milk powder, skimmed-milk powder, semi-rough, hard and extra hard cheeses.
(3) Sales organisations shall submit monthly information on:
(a) the purchase of milk, including the information from which the milk was purchased (producer, other processor or sales organisation, imports from the Member States of the European Union, imports from third countries), the milk fat content, the average protein content and the price at which the milk was bought,
(b) the sale of milk, including information to whom the milk has been sold (to processors or outlets, exports to Member States of the European Union, exports to third countries), the milk fat content, the average protein content and the price at which the milk was sold.
(4) Processors and sales organisations shall transmit the information referred to in paragraphs 1, 2 and 3 on forms issued by the Fund. In the case of multiple establishments 1 processor or 1 sales organisation in the Czech Republic, data may be provided in total for all establishments or for each establishment separately, but it is necessary to avoid double counting of the same item.
(5) The Fund shall provide the information referred to in paragraphs 1, 2 and 3 to the Ministry of Agriculture (hereinafter referred to as the Ministry).
National production quota and reserve
(1) The sum of the individual milk production quotas for each quota year and the reserve must be equal to 3,01 billion litres of raw milk (national production quota).
(2) As of 1 February 2002, the reserve amounts to 212 million litres of raw milk.
(3) The reserve is increased by the volume of milk by which the individual milk production quotas have been reduced in accordance with Article 6 and by the volume of milk corresponding to the new individual milk production quotas whose effects have expired in accordance with Article 5 (4).
(4) The Government, acting on a proposal from the Ministry, shall, no later than 20 days before the beginning of each quota year, determine the proportion of the reserve that may be allocated to the applicants referred to in Article 4 (1) in the relevant quota year. The Ministry shall submit a proposal to the Government on the basis of the expected balance of domestic production, import, export and consumption of milk and milk products in the immediately coming quota year.
Efficacy
This Regulation shall enter into force on 1 January 2001. This Regulation shall expire on 31 December 2005.
Prime Minister:
Ing. Zeman v. r.
Minister for Agriculture:
Ing. Fencl v. r.
Příloha č. 1
Annex No. 1 to Government Decree No. 445 / 2000 Coll.
Method for calculating the individual delivery quota
The individual delivery quota shall be calculated using the formula:
IDK * = IRD * * × 2 600CRD * * * × 366PD * * * * *
Explanatory notes:
* Individual delivery quota in litres of raw milk.
* * Individual reference delivery in litres of raw milk.
* * * Total reference delivery in millions of litres of raw milk.
* * * * Number of days the producer produced raw milk in the period from 1 January 2000 to 31 December 2000.
Příloha č. 2
Annex No 2 to Decree No 445 / 2000 Coll.
Method of converting dairy products into raw milk
| Máslo | 1 kg | 23,2 litrů syrového |
| Smetana | 1 kg | 7,5 litrů syrového |
| Tvrdé sýry | 1 kg | 10 litrů syrového |
| Čerstvé a bílé sýry | 1 kg | 7 litrů syrového |
| Jogurt | 1 kg | 1,2 litrů syrového |
| Tvaroh | 1 kg | 7 litrů syrového |
Příloha č. 3
Annex 3 to Government Decree No. 445 / 2000 Coll.
MODEL
Application for an individual milk production quota
Příloha č. 4
Annex No. 4 to Government Decree No. 445 / 2000 Coll.
Model
Application for a new individual milk production quota
Model
Application for an increase in the individual milk production quota
Model
Declaration by the applicant to allocate new or increased existing individual milk production quota
I declare that all the information provided in the request is true.
I undertake to comply with all the conditions laid down by Government Decree No. 445 / 2000 Coll., establishing milk production quotas for the years 2001 to 2005.
I am aware of the legal consequences of the dishonesty of an honourable statement.
Done at... on...
..........................................................................................................
Signature of the applicant (for legal persons of the statutory authority)
(officially verified)
Příloha č. 6
Annex 6 to Government Decree No. 445 / 2000 Coll.
Quality characteristics of raw milk relating to the minimum price
The minimum price shall apply to raw milk meeting the following quality characteristics:
1. Fat content of not less than 36 g / l
2. Protein content not less than 28 g / l
3. Total number of micro-organisms not exceeding 100,000 per ml, the current number not exceeding 300,000 per ml
4. Number of somatic cells not exceeding 400,000 per ml
5. Residue free of inhibitors, pesticides and contaminants
6. A freezing point not exceeding -0,515 ° C
7. Compliance with sensory and other characteristics whose non-compliance excludes milk from dairy treatment and further processing
Příloha č. 7
Annex No. 7 to Government Decree No. 445 / 2000 Coll.
Model
Monthly information of the milk producer on the sale of milk and milk products
Příloha č. 8
Annex No. 8 to Government Decree No. 445 / 2000 Coll.
Model
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Regulation Information
| Citation | Government Regulation No. 445 / 2000 Coll., on the establishment of milk production quotas for the years 2001 to 2005 |
|---|---|
| Regulation Type | Regulation |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 22.12.2000 |
|---|---|
| Effective from | 01.01.2001 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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