Government Decree No. 45 / 2002 Coll.
Government Regulation laying down conditions and principles for the promotion of exports of beef produced from cows for slaughter and heifers for slaughter
Valid
Regulation
Effective from 08.02.2002
Text versions:
08.02.2002
45
GOVERNMENT REGULATION
of 9 January 2002
laying down the conditions and principles for the promotion of exports of beef produced from cows for slaughter and heifers 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 ("the Fund"), in implementing measures for the organisation of the market in beef produced from cows for slaughter and domestic heifers for slaughter, grants subsidies to natural and legal persons meeting the conditions laid down in this Regulation for the export of beef produced from cows for slaughter and heifers for slaughter in the categories listed in points 1 to 8 of Annex 1 to this Regulation ("bovine animals for slaughter").
(2) The Fund provides for:
(a) the period during which subsidised exports of bovine animals for slaughter will take place, taking into account the expected balance sheet surplus of bovine animals for slaughter on the market in the Czech Republic and the possibilities for its location on foreign markets;
(b) the maximum amount of subsidy for exports of 1 kg of each category of bovine animals for slaughter listed in Annex 1 to this Regulation, taking into account the expected difference in the price of bovine animals for slaughter on the foreign market and on the market in the Czech Republic and the budgetary possibilities of the Fund;
(c) the price which the recipient of the subsidy is obliged to pay at least to the supplier for each kilogram of live weight delivered
1. heifers for slaughter;
2. slaughter cows,
having regard to the need to avoid a fall in the price of cows for slaughter and the price of heifers for slaughter and the budgetary possibilities of the Fund,
(d) the date by which an application for a subsidy may be lodged for the export of bovine animals for slaughter (the application),
(e) the amount of the advance on the subsidy for exports of 1 kg of each of the selected categories of bovine animals referred to in Annex 1 to this Regulation.
(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 enabling remote access and in at least two national newspapers 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 the different categories of bovine animals referred to in Annex 1 to this Regulation, the coefficients set out in that Annex shall be applied.
Application for subsidy for exports of bovine animals for slaughter
(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) apply for an export subsidy of at least 100 000 kg per live weight of bovine animals for slaughter,
(c) it is settled on the date of the 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 incurred in connection with aid granted to agriculture and the commitments due to the slaughter cows and heifers delivered to all suppliers,
(d) is not in liquidation and no bankruptcy has been declared against his property.
(2) The model application is set out in Annex 2 to this Regulation. The applicant shall declare compliance with the conditions laid down in Article 2 (1) (c) and (d) by a declaration of honour, the 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) In the application, the applicant shall indicate the quantity of bovine animals for slaughter broken down by category as referred to in Section 1 (2) (b) of Annex 1 to this Regulation, the export of which he requires a subsidy.
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 prescribed time limit;
(b) the applicant fulfils the conditions laid down in Article 2 (1);
(c) the application shall be accompanied by the necessary documents in accordance with Article 2 (2) and shall be 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) If the Fund does not reject the application for the reason referred to in paragraph 2, it shall propose to the applicant the conclusion of a subsidy contract for the export of bovine animals for slaughter (hereinafter referred to as "the contract") in the quantity indicated in the application by the applicant.
Subsidy contract
(1) The Fund shall conclude a contract with the beneficiary of the subsidy for the period laid down in Article 1 (2) (a).
(2) The contract shall contain at least:
(a) the quantity of bovine animals for slaughter converted into live weight, broken down by category as set out in Annex 1 to this Regulation, on whose export the Fund grants a subsidy within the time limit and the amount fixed in accordance with Article 5;
(b) the undertaking of the beneficiary of the subsidy to export the quantity of bovine animals for slaughter determined in accordance with point (a) during the period laid down in Article 1 (2) (a);
(c) the undertaking of the recipient of the subsidy to pay the supplier no later than 30 days from the date of delivery at least the price determined in accordance with Article 1 (2) (b). (c) point (1) for each kg of live weight of heifers for slaughter delivered and, where applicable, the price fixed in accordance with Article 1 (2) (c) (2) for each kg of live weight of cows for slaughter delivered,
(d) an undertaking by the beneficiary to repay the subsidy if it fails to comply with the terms of the contract or if it indicates false information in the application;
(e) setting the time limit by which the beneficiary of the subsidy must keep evidence showing compliance with the conditions for granting the subsidy;
(f) 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 false information being found in the application.
Subsidy
(1) The Fund shall, within 40 days of the end of each period provided for in Article 1 (2) (a), grant the subsidy to the beneficiary for each kilogram of the live weight of bovine animals exported during that period, up to a maximum of the total quantity by category of bovine animals for slaughter agreed in the contract referred to in Article 4 (2) (a).
(2) The Fund establishes the amount of subsidy for each category of bovine animals for slaughter as the difference between the sum of:
(a) the price to be paid by the beneficiary of the subsidy referred to in Article 1 (2) (c) (1) to the supplier at least for each kg of live weight of heifers for slaughter, if it is for the export of bovine animals for the categories referred to in points 1 to 4 of Annex 1 to this Regulation, or the price to be paid by the recipient of the subsidy referred to in Article 1 (2) (c) (2) to the supplier at least for each kilogram of live weight of bovine animals for slaughter, if the export of bovine animals for the categories referred to in points 5 to 8 of Annex 1 to this Regulation,
(b) transport costs of 1 kg of bovine animals for slaughter to a destination of 30% of the price determined in accordance with § 1 (2) (c) (2);
(c) a reasonable profit of 10% of the subsidy recipient of the price determined pursuant to Article 1 (2) (c) (2); and
(d) processing costs for the production of 1 kg of bovine animals for slaughter equal to 10% of the price determined in accordance with § 1 (2) (c) (2)
and the export price of each category of bovine animals for slaughter evaluated on the basis of customs statistics and uniform customs declarations, but not more than the amount fixed in accordance with § 1 (2) (b).
(3) If the recipient of the subsidy provides proof that the bovine animals for slaughter have been exported, the Fund shall, within 21 days of the date of submission of that document, grant an advance on the subsidy of the amount fixed in accordance with Article 1 (2) (e).
(4) The Fund will not grant a subsidy for the export of bovine animals for slaughter to the Slovak Republic.
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. 45 / 2002 Coll.
Category of bovine animals for which the Fund may grant export subsidies and conversion factors to live weight
1. Compensated bovine quarters of heifers for slaughter chilled to live weight by a coefficient of 1,97.
2. Compensated quarters of bovine animals of heifers for slaughter frozen to live weight by a coefficient of 2,01.
3. Meat of bovine animals of heifers for slaughter, boned, chilled, converted to live weight by a coefficient of 2,62.
4. Meat of bovine animals of heifers for slaughter, boneless, frozen, converted into live weight by a coefficient of 2,66.
5. Compensated quarters of bovine animals from slaughter cows chilled to live weight by a coefficient of 2,02.
6. Compensated quarters of bovine animals from cows for slaughter frozen to live weight by a coefficient of 2,06.
7. Meat of bovine animals of bovine animals, boneless, chilled, converted to live weight by a coefficient of 2,69.
8. Meat of bovine animals of bovine animals, boneless, frozen, converted into live weight by a coefficient of 2,77.
Příloha č. 2
Annex No. 2 to Government Decree No. 45 / 2002 Coll.
Application for subsidy for exports of bovine animals for slaughter
(Model)
Sign in for notes, favorites and notifications
Regulation Information
| Citation | Government Regulation No. 45 / 2002 Coll., laying down the conditions and principles for the promotion of exports of beef produced from cows for slaughter and heifers for slaughter |
|---|---|
| Regulation Type | Regulation |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 08.02.2002 |
|---|---|
| Effective from | 08.02.2002 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
Comments 0