Government Decree No. 486 / 2000 Coll.
Government Regulation laying down the conditions and principles for the implementation of measures to promote exports of cow's milk products
Valid
Regulation
Effective from 29.12.2000
Text versions:
01.10.2002
29.12.2000
486
GOVERNMENT REGULATION
of 11 December 2000
laying down the conditions and principles for implementing measures to promote exports of cow's milk products
The Government orders pursuant to § 12 (1) 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):
Preliminary provisions
(1) The State Agricultural Intervention Fund (hereinafter referred to as the Fund), in implementing measures for the organisation of the market in cow's milk products from domestic production exported from the Czech Republic (hereinafter referred to as "products"), grants subsidies to natural and legal persons fulfilling the conditions laid down in this Regulation when exporting the products listed in Annex 1 to this Regulation.
(2) The Fund shall determine at the latest 25 days before the beginning of the calendar year in which the subsidy is to be granted, the maximum quantity of eligible products, namely:
(a) for skimmed-milk powder with a fat content of not more than 1,5% and casein, cumulatively converted into the plasma component of the milk raw material,
(b) in the case of butter with a water content not exceeding 16% by conversion into the fat component of the milk raw material,
(c) in the case of other products, cumulatively converted into milk raw material, differentiated into plasma and fat components;
where the total balance sheet fat of the milk raw material required to produce the quantity of all products thus determined must not exceed 4,5% of the milk raw material volume. The Fund shall publish in the Ministry of Agriculture Bulletin and in at least two national diaries the maximum allowable quantities for which a subsidy may be granted for the export of products.
(3) The Fund may, during the year, increase or reduce the quantity of products determined in accordance with paragraph 2 by a maximum of 20%.
Request for subsidy
(1) A natural or legal person (hereinafter referred to as "applicant") may submit to the Fund an application for a subsidy (hereinafter referred to as "application") if:
(a) its activity is in the dairy sector or the production of dairy products;
(b) has its registered office or permanent residence in the territory of the Czech Republic and, if it is a foreign applicant, proves that it is legally active in the territory of the Czech Republic,
(c) dairy is treated and processed under constant veterinary supervision of raw cow milk;
d) has 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 or the commitments arising from aid granted to agriculture and has settled due commitments for milk delivered with all suppliers.
(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) (d) by means of a declaration of honour, a specimen of which is set out in Part D of Annex 2 to this Regulation. The application shall be accompanied by a valid, officially certified copy of the extract from the commercial register or, where applicable, a valid, officially certified copy of the trade mark.
(3) In the application, the applicant shall indicate the quantity of products for which the export subsidy will be requested during the calendar year and the volume of milk raw material in a distinction to the plasma and fat components needed to produce the requested quantity of products. For the purpose of determining the consumption of milk raw material, the applicant shall use the standards of consumption of milk raw material set out in Part C of Annex 2 to this Regulation.
(4) The applicant shall deliver the application to the Fund no later than 15 days before the beginning of the calendar year in which the export subsidy is to be granted.
(5) The balance of the milk raw material needed to produce the products in the quantity indicated by the applicant in the application must not exceed 4,7%.
Assessment of the application
(1) The Fund will examine the applicants' requests received (Paragraph 2 (4)) in view of whether:
(a) the application has been lodged within the prescribed time limit;
(b) the applicant complies with Article 2 (1);
(c) the application has been complete;
(d) the application has been supported by the necessary documents in accordance with Article 2 (2);
(e) the balance sheet fat value referred to in Article 2 (5) is not exceeded.
(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 total volume of milk raw material required for the manufacture of the products in the quantities indicated by the applicants in the applications not rejected in accordance with paragraph 2 exceeds the quantity of milk raw material required for the manufacture of the products in the plasma or fat components set out in paragraph 1 (2) of this Article, the quantity of milk raw material required for the manufacture of the products shall be:
(a) up to and including 25%, the Fund shall adjust the requirements of each applicant for the subsidised quantity of products proportionally;
(b) by more than 25%, the Fund shall invite applicants to submit new applications for subsidy for reduced quantities of products within 10 days of the date of receipt of the invitation.
(4) 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 exports of products (hereinafter referred to as "the contract ') in quantities which:
(a) the applicant indicated in the application if the total volume of milk raw material required for the manufacture of the products in the quantities indicated by the applicants in the applications not rejected under paragraph 2 does not exceed the quantity of milk raw material required for the manufacture of the products in the plasma or fat components provided for in Paragraph 1 (2); or
(b) has been adapted in accordance with paragraph 3 (a).
Subsidy contract
(1) The Fund shall conclude a contract with the beneficiary for the entire calendar year concerned.
(2) The contract shall contain at least:
(a) the determination of the volume of milk raw material needed to produce the products in a quantity corresponding to the quantity proposed by the Fund pursuant to Article 3 (4), the volume of milk raw material being differentiated into plasma and fat;
(b) the determination of the quantity of each product corresponding to the quantity proposed by the Fund pursuant to Article 3 (4) or the quantity altered by the beneficiary of the subsidy referred to in paragraph 3 and to which the Fund grants export subsidies at the rate and time limit specified in Article 5;
(c) an undertaking by the recipient of the subsidy to export by 30 June such quantities of products for the production of which at least 45% but not more than 55% of the volume of the plasma and fat components of the milk raw material determined in accordance with (a),
(d) the undertaking of the recipient of the subsidy to pay at least the minimum price laid down under the special legislature1) the supply of raw cow milk within 30 calendar days of the end of the month in which the delivery took place;
(e) an undertaking by the beneficiary of the subsidy to produce or redeem raw cow's milk from suppliers in volume corresponding to the volume of milk raw material determined in accordance with (a);
(f) the undertaking of the beneficiary to repay the subsidy if it fails to comply with the terms of the contract or to provide false information in the application for export subsidy;
(g) setting the time limit by which the beneficiary of the subsidy must keep records of documents demonstrating compliance with the conditions for granting the subsidy;
(h) the reservation of the Fund to withdraw from the contract in the event of non-compliance with the conditions referred to in points (a) to (f) or in the event of the finding of false information in an honest declaration.
(3) The Fund may amend the contract in which the volumes and quantities fixed in accordance with paragraph 2 (a) and (b) are changed if:
(a) the amount of milk raw material needed to produce the products in the quantity newly determined by the beneficiary of the subsidy in the addendum to the contract does not exceed the amount of milk raw material required to produce the products in the quantity determined in accordance with paragraph 2 (a);
(b) in the Appendix, the newly determined quantity of butter with a maximum water content of 16% or the fat-dried milk with a maximum fat content of 1,5% shall not exceed the quantity determined in accordance with paragraph 2 (b).
Subsidy
(1) The Fund shall, within 60 days of the end of each quarter of the calendar year concerned, grant the subsidy to the beneficiary for each tonne of product exported during that quarter of the calendar year, up to a maximum of the total quantity by product agreed in the contract referred to in Article 4 (2) (b).
(2) The Fund sets the subsidy amount for each product
(a) listed in Part A of Annex 3 to this Regulation as the difference between the cost of production of those products listed in Part A of Annex 3 to this Regulation and their average export price determined in accordance with paragraph 3;
(b) not listed in Part A of Annex 3 to this Regulation in the manner set out in Part B of Annex 3 to this Regulation.
(3) The Fund shall, after the end of each quarter of the calendar year concerned, fix the average export price for the products referred to in paragraph 2 (a), using customs statistics and uniform declarations for that quarter for the calculation.
(4) If the recipient of the subsidy provides a customs document showing that the product has been exported, the Fund shall, within 30 days of the submission of that document, grant an advance on the subsidy of the amount fixed by the Fund for each of the products listed in Annex 1 to this Regulation in a uniform manner for the entire quarter but not later than before the beginning of that document.
(5) No export subsidy shall be granted by the Fund in the case of exports
(a) products to the Slovak Republic;
(b) the products listed in Part B of Annex 1 to this Regulation to the Member States of the European Union.
Transitional provisions
(1) The Fund shall determine the quantity of products referred to in Article 1 (2) for 2001 and the amount of the advance payment for export of products in the first quarter of 2001 within 10 days of the date of entry into force of this Regulation. The Fund will publish this information in the Ministry of Agriculture Bulletin and at least two national diaries.
(2) The applicant shall deliver to the Fund within 15 days of the date of entry into force of this Regulation an application for a subsidy on exports of products in 2001.
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. 486 / 2000 Coll.
List of products for which the Fund may grant export subsidies
A. Products eligible for export subsidy to all countries except the Slovak Republic
1. Butter with a water content not exceeding 16%
2. Dried milk defatted with a fat content not exceeding 1,5%
3. Whole milk powder with a fat content of not less than 26%
4. Whole milk powder with a fat content of 28% or more
5. Concentrated milk sweetened with a fat content not exceeding 9%
6. Concentrated milk not sweetened with a fat content not exceeding 9%
B. Products eligible for export subsidies to all countries, except the Slovak Republic and the Member States of the European Union
1. Semi-sparkling Edam cheese with a fat content of 25% or more by weight in the dry matter
2. Eidam whole cheese with a fat content in the dry matter of at least 45%
3. Durum cheese of the whole fat type with a fat content, by weight, in the dry matter of not less than 45%
4. White cheese in Akawi brine
5. White cheese in Istambuli brine
6. White cheese in salt bream
7. Food casein
Příloha č. 2
Annex No 2 to Decree No 486 / 2000 Coll.
Model application for export subsidy
Příloha č. 3
Annex No. 3 to Government Decree No. 486 / 2000 Coll.
Production costs of selected products and the subsidy procedure for exporting certain products pursuant to Article 5 (2)
A. Costs of production of selected products
| Položka číslo: | Označení výrobku: | Náklady celkem: (Kč/t) |
|---|---|---|
| 1. | Máslo s obsahem vody nejméně 16 % | 89 269 |
| 2. | Sušené mléko odtučněné s obsahem tuku nejvýše 1,5 % | 61 799 |
| 3. | Sušené mléko plnotučné s obsahem tuku nejméně 26 % | 69 628 |
| 4. | Zahuštěné mléko neslazené s obsahem tuku nejvýše 9 % | 37 273 |
| 5. | Polotvrdý sýr Eidam plnotučný s obsahem tuku v sušině nejméně 45 % | 93 162 |
| 6. | Bílý sýr v solném nálevu Akawi | 72 768 |
B. Procedure for determining the subsidy for exports of products not listed in Part A
Export subsidy amount
(a) whole milk powder with a fat content of at least 28% shall be fixed as 1,02 times the subsidy amount for exports of whole milk powder with a fat content of at least 26%;
(b) white cheese in Jadel brine is determined as 1,4 times the subsidy amount for exports of white cheese in Akawi brine,
(c) the white cheese in Istambuli brine is equal to the subsidy for exports of white cheese in Akawi brine;
(d) the semi-hard Edam cheese with a fat content of at least 25% in the dry matter shall be fixed as 0,8 times the subsidy amount when the half-hard Edam cheese is exported with a fat content of at least 45% in the dry matter,
(e) the durum cheese of the whole-fat type with a fat content of at least 45% in the dry matter shall be determined as 1,2 times the amount of the subsidy for the export of the whole-fat semi-sparkling Edam cheese with a fat content of at least 45% in the dry matter,
(f) concentrated milk sweetened with a fat content of not more than 9% shall be equal to the subsidy for exports of concentrated milk not sweetened with a fat content of not more than 9%;
(g) in the case of food casein, it shall be set at 2,5 times the subsidy amount for the export of skimmed-milk powder with a fat content not exceeding 1,5%.
1) For example, Act No. 526 / 1990 Coll., on prices, as amended, Decree No. 445 / 2000 Coll., on establishing milk production quotas for the years 2001 to 2005.
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Regulation Information
| Citation | Government Decree No. 486 / 2000 Coll., laying down the conditions and principles for implementing measures to promote exports of cow's milk products |
|---|---|
| Regulation Type | Regulation |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 29.12.2000 |
|---|---|
| Effective from | 29.12.2000 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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