Act of the Czech National Council No. 472 / 1992 Coll.
Act of the Czech National Council on the State Fund for Market Regulation in Agriculture
Valid
Effective from 22.10.1992
472
THE LAW
Czech National Council
of 22 September 1992
on the State Fund for Market Regulation in Agriculture
The Czech National Council decided on this law:
State Fund for Market Regulation in Agriculture
(1) A State Fund for Market Regulation in Agriculture (hereinafter referred to as the Fund) is hereby established.
(2) The Fund is a legal person. The seat of the Fund is Prague.
Purpose of the Fund and scope of the Fund's activities
(1) The purpose of the Fund is to ensure the regulation of the market in certain plant and animal products and products resulting from their processing.
(2) Fund
(a) issue a list of products of plant and animal production and products resulting from their processing for which they apply market regulation (hereinafter referred to as "agricultural and food products");
(b) carry out the purchase, modification, processing, storage, transport and sale of agricultural and food products;
(c) in the case of an activity carried out by other legal or natural persons, such legal or natural persons shall be selected on the basis of a selection procedure and their list shall be published;
(d) grants from the Fund for the export of agricultural and food products;
(e) coordinate the volumes and dates of restocking of agricultural and food products in tangible reserves and their release for both domestic and export purposes.
(3) The purchase of agricultural and food products and the grant provided for in paragraph 2 concern persons having their registered office or residence in the Czech Republic.
(4) The Fund is authorised to propose to the competent central government bodies:
(a) the minimum (guaranteed) prices of agricultural and food products;
(b) amendments to the list of agricultural and food products for which both export and import licences apply, the volume of exports and imports for those products and the period of time for which licences are to be issued.
(5) The Fund shall be entitled to identify the necessary data for the implementation of such regulation for entrepreneurs involved in the market regulation of agricultural and food products, where this cannot be ascertained in the statistical survey. 1)
Institutions of the Fund
The institutions of the Fund shall be the Council of the Fund and the Director of the Fund.
The Fund shall employ experts whose remuneration shall be approved by the Fund Council.
Council of the Fund
(1) The Council approves the Fund
(a) the list of agricultural and food products (§ 2 (2) (a)),
(b) the principles of use of agricultural and food products purchased by the Fund;
(c) rules on the granting of subsidies from the Fund in connection with export;
(d) the draft budget of the Fund and, after approval of the State budget for the relevant year, approve the budget of the Fund;
(e) the annual accounts of the Fund;
(f) the Rules of Procedure of the Fund Council;
(g) proposals made by the Fund pursuant to Article 2 (4) and the scope of data collected from entrepreneurs pursuant to Article 2 (5);
(h) other matters which otherwise fall within the competence of the Director of the Fund, provided that their approval is reserved for the Council of the Fund;
(i) the quantities of agricultural and food products intended for intervention buying-in or subsidised exports, and the dates for opening and closing them;
(j) the principles of the selection procedure referred to in Article 2 (2) (c).
(2) The Board of the Fund publishes the measures approved under § 5 (1) (a) to (c) in the Bulletin issued by the Ministry of Agriculture of the Czech Republic (hereinafter referred to as "the Ministry"). The Board of the Fund shall submit to the Ministry of Finance of the Czech Republic, at its specified dates, a draft budget of the Fund for the relevant calendar year, an overview of claims and liabilities and the annual accounts of the Fund approved by the auditor.
(1) The Council of the Fund shall be composed of the President, Vice-President and nine other members. The Director of the Fund shall be one of the members of the Fund Council.
(2) The Minister for Agriculture of the Czech Republic is President of the FUND Council.
(3) The Vice-President and members of the Council of the Fund are appointed and recalled by the Government of the Czech Republic (hereinafter referred to as "the Government") on a proposal from the President of the Council of the Fund.
(1) The President and, in his absence, the Vice-President shall direct the deliberations of the Fund Council.
(2) The Council of the Fund is able to act and adopt resolutions if at least a majority of the members of the Council are present.
Director of the Fund
(1) The Director of the Fund is the statutory body of the Fund which:
(a) implement measures approved by the Council of the Fund;
(b) take further action on behalf of the Fund within the limits of this Law;
(c) manage the activities of the staff of the Fund.
(2) The Director of the Fund is appointed and dismissed by the Government on a proposal from the President of the Council of the Fund.
Management of the Fund
(1) The financial resources of the Fund are:
(a) subsidies from the state budget of the Czech Republic earmarked for market regulation of agricultural and food products, made available on a proposal from the Fund;
(b) resources from the State Budget of the Czech Republic to cover the administrative expenditure of the Fund; the funds are kept separately in a separate account,
(c) revenue from the commercial activities of the Fund;
(d) loans, interest on deposits and loans, periodic penalty payments, claims and, where appropriate, other revenue.
(2) The Fund's appropriations may be used for:
(a) the purchase and reimbursement of agricultural and food products,
(b) reimbursement of costs incurred in transport, treatment, processing, storage and sale of agricultural and food products in the domestic and, where appropriate, abroad and reimbursement of costs associated with such costs;
(c) subsidies granted in connection with the export of agricultural and food products;
(d) repayment of loans received and interest on loans;
(e) the administrative expenditure of the Fund.
(3) Unauthorised or retained funds of the Fund shall be liable to pay the amount of the Fund, including penal.2)
(4) The balance of the Fund's funds under Article 9 (1) (a) to (d) at the end of the year is not forfeited and transferred to the following calendar year for the purposes of market regulation of agricultural and food products.
Final provisions
Entrepreneurs concerned with the market regulation of agricultural and food products are obliged to provide the Fund with the information necessary to implement market regulation free of charge.
(1) Members of the Council of the Fund and experts of the Fund may not misuse information relating to the activities of the Fund and conduct business related to the subject matter of the Fund. They shall also not be members of the board of directors, procurers or persons authorised to act on behalf of a trading company or cooperative which is linked to market regulation with agricultural and food products.
(2) The Government shall withdraw a member of the Board of the Fund appointed by the Government in the event of a breach of the obligations referred to in paragraph 1.
(3) The Fund is entitled to require that a person who has infringed the obligations referred to in paragraph 1 give the benefit which he has obtained by doing so or transfer the corresponding rights to the Fund. This is without prejudice to the right to compensation.
There is no remuneration attached to membership of the FUND Council. The members of the Council of the Fund shall be entitled to reimbursement of expenses and compensation for the loss of time.
Details of the organisation, management and operation of the Fund shall be laid down in the Statute of the Fund, which shall be submitted by its President to the Government after consulting the Fund Council.
This Act shall take effect on the day of its publication.
Uhde v. r.
Klaus v. r.
1) Act No. 278 / 1992 Coll., on State Statistics.
2) § 30 of Act No. 576 / 1990 Coll., on Rules of Management of the Budget Funds of the Czech Republic and of the Municipality of the Czech Republic (Budget Rules of the Republic), as amended.
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Regulation Information
| Citation | Act of the Czech National Council No. 472 / 1992 Coll., on the State Fund for Market Regulation in Agriculture |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 22.10.1992 |
|---|---|
| Effective from | 22.10.1992 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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