Full text of Act No. 5 / 2006 Coll.
Full text 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), as seen from subsequent amendments
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5
PRESIDENT OF THE GOVERNMENT
Announces
full text of Act No. 256 / 2000 Coll., on the State Agricultural Intervention Fund and amending certain other laws (Act on the State Agricultural Intervention Fund), as is apparent from the amendments made by Act No. 128 / 2003 Coll., Act No. 85 / 2004 Coll., Act No. 482 / 2004 Coll. and Act No. 441 / 2005 Coll.
THE LAW
on the State Agricultural Intervention Fund
Parliament has decided on this law of the Czech Republic:
STATE AGRICULTURAL INTERVENTION FUND
(1) A State Agricultural Intervention Fund (hereinafter referred to as the Fund) is hereby established. The fund is a legal person based in Prague. The Fund is the responsibility of the Ministry of Agriculture (hereinafter referred to as "the Ministry ') 1a.
(2) The Fund, in accordance with the laws, regulations and international treaties with which the Czech Republic is bound,
(a) decide to grant the subsidy (1b) and check compliance with the conditions for granting the subsidy;
(b) carry out intervention purchases of agricultural products and foodstuffs and ensure storage and, where appropriate, processing of such agricultural products and foodstuffs;
(c) sells or otherwise transfers agricultural products and foodstuffs, or products resulting from the processing of agricultural products or foodstuffs purchased from intervention;
(d) implement government-approved programmes aimed at non-food use and processing of agricultural products;
(e) carry out activities related to the production quota system;
(f) buying and selling the production of selected crops grown on land put to rest;
(g) grants subsidies on exports of agricultural products and foodstuffs;
(h) decide on the granting of licences for the import and export of agricultural products and foodstuffs and check compliance with the conditions for the granting of licences;
(i) carry out activities related to the guarantee scheme for agricultural products and foodstuffs 1c);
(j) levy, levy and levy financial levies on the production of sugar and in the milk and milk products sector under special legislation 1d);
(k) implement further measures under the specific legislation1e;
(l) implement structural support programmes in accordance with specific legislation1f;
(m) carry out activities related to the system of approval, registration, registration or recognition of producers of agricultural products or foodstuffs under the relevant legislation of the European Communities (1g) in the field of common market organisations and structural measures;
(n) carry out activities related to the system of approval, registration, registration or recognition of producer groups of agricultural products or foodstuffs, including international, cross-sectoral organisations and agreements of producers of agricultural products or foodstuffs, in accordance with the relevant European Communities legislation (1g), unless otherwise provided for in specific legislation;
(o) carry out activities related to the system of approval of international control and supervisory companies under the European Communities1h);
(p) implement the measures resulting from the international agreement 1i),
(q) carry out activities related to the acquisition, processing and transmission of price and market information, including the registration of contracts, in accordance with the relevant European Communities legislation (1g);
(r) carry out activities relating to a representative selection of agricultural products or foodstuffs, with the establishment of national reference and reference quantities of agricultural products or foodstuffs, with a representative selection of agricultural products or foodstuffs, and, where appropriate, with a representative selection of producers of agricultural products or foodstuffs under the relevant European Community legislation (1g) in the field of common market organisations and structural measures, unless otherwise provided for in specific legislation;
(s) supervise the fulfilment of obligations arising for natural and legal persons under the directly applicable Regulation of the European Communities;
(t) earns part of the reserve if it is part of a production quota system in accordance with European Community rules which may be used to increase existing or new reference quantities of milk;
(u) implement the measures of the common market organisations under special legislation (1g), unless otherwise provided for in specific legislation;
(v) promote the marketing of agricultural products and foodstuffs.
(3) The conditions for the implementation of the Fund's activities referred to in paragraph 2 may be adapted by the Government by Regulation 1j), unless otherwise provided for in this Law or in specific legislation.
(4) Natural and legal persons shall submit to the Fund applications, declarations of honour and information resulting from the Fund's competence under paragraph 2 on forms issued by the Fund.
Definition of terms
For the purposes of this Act:
(a) by buying in agricultural products or foodstuffs by the Fund in order to avoid an undesirable drop in the market price;
(b) non-refundable aid for export to bridge the difference between prices on the internal market of the European Communities and prices on the world market for exports of agricultural products or foodstuffs whose exports are desirable in terms of market stability;
(c) a summary of the rules for the initial allocation of individual production quotas, the management of the quota production, the procedure for exceeding the individual production quota, the provision of information necessary for the functioning of the production quota system, the management of the reserve when it forms part of the production quota system under European Community rules, the increase of existing or the allocation of new individual production quotas, transfers and reductions of individual production quotas for the purpose of organising the market for the relevant agricultural products or foodstuffs;
(d) by an individual production quota, the quantities of agricultural product or foodstuff produced by the person entitled to dispose of that quota;
(e) land set aside for the marketing year concerned in order to improve the state of the environment for the cultivation of agricultural crops, the main product of which will be used for a purpose other than food production or feed, where appropriate; the marketing year shall mean the period from 1 October to 30 September of the following year.
repealed
Obligations of the Fund
(1) The Fund shall:
(a) submit to the Government, through the Ministry, the budget of the Fund for the relevant calendar year and the sound financial statements, including an overview of the claims and liabilities, as verified by the auditor, at the specified dates;
(b) submit to the Government, through the Ministry, annual reports on the activities of the Fund and the drawing-up of funds;
(c) submit, at the request of the Ministry or Government, a sub-report on the activities of the Fund and the drawing of funds, and to provide the Ministry with inventories of persons who are not duly compensated for their commitments to the Fund, including the type and amount of their commitment.
(2) The Fund shall, in the course of the implementation of the activities referred to in Article 1 (2), submit reports and financial statements to the competent authorities of the European Communities, as laid down in the relevant legislation of the European Communities, to the competent authorities of the European Communities through the Ministry at the specified dates.
repealed
Subsidy from the Fund from the State Budget
The Chamber of Deputies approves at the same time as the draft state budget of the Czech Republic
(a) the grant of the Fund from the State Budget intended to carry out the activities referred to in Article 1 (2);
(b) the grant of the Fund from the State budget intended to cover the administrative expenditure of the Fund.
Financial resources of the Fund
(1) The financial resources of the Fund are:
(a) grants from the State budget intended to carry out the activities referred to in Article 1 (2);
(b) subsidies from the State budget intended to cover the administrative expenditure of the Fund;
(c) revenue from the sale of agricultural products and foodstuffs purchased by the Fund;
(d) aid granted by the European Communities or any other foreign body;
(e) loans granted to the Fund for the implementation of the activities referred to in Article 1 (2), interest on the Fund's deposits, securities income, contractual fines, fines, claims and other income;
(f) resources from the National Fund 6a),
(g) the costs associated with the selection of a final decision on the levy on sugar production pursuant to Article 11h (5) and the costs associated with the recovery of the funds to be recovered from the Fund, at the rate laid down in the specific legislation;
(h) refunds and periodic penalty payments.
(2) The financial resources referred to in paragraph 1 (a), (c), (e), (g) and (h), paragraph 1 (b) and paragraph 1 (d) and (f) of the Fund shall be held in separate bank accounts.
(3) In addition to the financial resources from the State budget, for the purpose of carrying out the activities referred to in Article 1 (2), revenue from the sale of agricultural products and foodstuffs bought in in intervention referred to in paragraph 1 (c) may be used for this purpose, loans, interest on deposits of the Fund, securities income, contractual fines, fines, insurance premiums and other income referred to in paragraph 1 (e) and the subsidies and periodic penalty payments referred to in paragraph 1 (h).
(4) Unspent financial resources referred to in points (a), (c), (e) and (h) of paragraph 1 shall be transferred to the following calendar year to carry out the activities referred to in paragraph 1 (2) and the unspent financial resources referred to in paragraph 1 (b) and (g) shall be transferred to the following calendar year to cover the administrative expenditure of the Fund.
(5) Only the financial resources referred to in paragraph 1 (b) and (g) may be used to cover the administrative expenditure of the Fund.
(6) The Fund may use a loan with the agreement of the Ministry to bridge the period between the implementation of the expenditure relating to the implementation of the activities referred to in Article 1 (2) and their reimbursement from the budget of the European Communities.
Management of the Fund
(1) The Fund is responsible for the management of the property of the Czech Republic in accordance with the special legislation 6b).
(2) The Fund regularly checks the stocks of agricultural products and foodstuffs purchased by it. The management of the fund's assets shall be decided by the Director of the Fund in accordance with the Fund's Statute.
(3) The Fund may acquire only the securities issued by the State or the securities guaranteed by the State for the repayment of which it has guaranteed, except where the Fund receives the securities by transfer exclusively from the organisational units of the State and the state organisations responsible for the management of the State's property (6b), the public limited liability companies of which the Czech Republic is a shareholder and the Land Fund of the Czech Republic.
(4) In carrying out the activities referred to in Article 1 (2), the Fund shall ensure the separate validation of payments, the implementation of payments and the accounting of payments under special legislation6c).
Budget of the Fund
The Fund shall draw up a draft budget for each financial year and submit it to the Government through the Ministry by 31 August each time. The Government shall submit a draft budget of the Fund following any changes made to it, together with a draft state budget for the same year for approval by the Chamber of Deputies. The Fund shall set out in its draft budget its total expenditure as the amount notified to it by the competent administrator of the chapter under the Specific Law (6d).
Institutions of the Fund
(1) The institutions of the Fund shall be the Director of the Fund (hereinafter referred to as the Director) and the Supervisory Board of the Fund (hereinafter referred to as the Supervisory Board).
(2) Details of the activities of the Fund are laid down in the Statute of the Fund, approved by the Government. The organisation of the Fund shall be based on the relevant legislation of the European Community6c).
(3) The members of the Supervisory Board, the Director and the staff of the Fund, the persons with whom the Fund has concluded a contract pursuant to Article 11c (6) and their staff and persons empowered pursuant to Article 12a (4) are obliged to remain silent on the facts which they have learned in connection with their activities in the Fund; This is without prejudice to the Fund's obligation to provide third parties with information on who, to what extent and for what purpose the aid has been granted.
(4) The Fund is required to require that a person who has infringed the obligation under paragraph 3 issue an asset benefit obtained by such action or transfer the corresponding rights to the Fund. This is without prejudice to the Fund's right to compensation.
(5) Members of the Supervisory Board who are not members of this body in their capacity as public or legislative bodies are entitled to reimbursement of travel expenses relating to the performance of their duties to the same extent as the staff members).
(6) The salary of the staff of the Fund is governed by special legislation8).
(7) The Fund for the implementation of the activities referred to in Article 1 (2) shall establish, for each commodity, commodity expert committees, composed of at least representatives of the Ministry, representatives of non-governmental institutions bringing together farmers and representatives of non-governmental institutions bringing together agricultural products customers authorised to submit to the Fund expert opinions on the implementation of the activities referred to in Article 1 (2). The establishment of commodity expert committees, the selection of members, the number, rights and obligations of members, the voting method and the demise of such committees shall be regulated by the Statute of the Fund. The opinions of these commodity committees submitted by the Fund serve as a basis for decision-making and must be discussed by the Fund. The members of the Commodity Committees shall carry out this activity free of charge.
Presidium
(1) The High Authority of the Fund is a presidium consisting of the President, Vice-President and seven other members.
(2) The President of the Presidium is the Minister for Agriculture. Deputy Minister of Finance is Vice President of the Presidium. The other members of the presidium are the Deputy Minister of Industry and Trade, two representatives of the Ministry and two representatives of non-governmental bodies bringing together farmers and two representatives of non-governmental institutions bringing together agricultural products. The proposal for appointment and removal of the Vice-President and members of the Presidium shall be submitted to the Government through the Minister of Agriculture by the statutory bodies of the institutions which are represented in the presidium. The term of office of the Presidium members shall be four years.
(3) The Presidium shall be convened and chaired by the President of the Presidium, who shall act on his behalf and on the outside. The Presidium shall be held regularly, at least once every 3 months. The President of the Presidium shall convene an extraordinary meeting of the Presidium no later than 7 days if at least three members of the Presidium so request. In the absence of the President of the Presidium, that activity shall be carried out by the Vice-President of the Presidium. The Vice-President of the Presidium and members of the Presidium shall perform their duties in the Presidium in person.
(4) The Presidium shall be governed by the Rules of Procedure in its deliberations. The Presidium shall be eligible for a quorum if an absolute majority of all members of the Presidium are present, including the President of the Presidium and Vice-President of the Presidium. In order to adopt a presidium resolution, the consent of an absolute majority of the members present shall be required.
(5) The scope of the presidium covers:
(a) approve proposals submitted by the Fund to the Ministry in connection with the activities referred to in Article 1 (2);
(b) to decide on an appeal against a decision of the Fund, unless otherwise provided for in that law (Paragraph 13 (13));
(c) approve the use of credit for the purpose of carrying out the activities referred to in Article 1 (2);
(d) approve the draft budget of the Fund and, after approval of the State budget for the relevant year, the budget of the Fund, the proper accounts of the Fund, the annual activity report of the Fund and the sub-activity and management reports of the Fund requested by the Ministry or Government;
(e) approve the draft Statute of the Fund;
(f) approve the Rules of Procedure of the Presidium;
(g) propose to the Government the appointment and removal of the Director;
(h) appoint and revoke the Deputy Director;
(i) approve the amount of the salary of the Director and his / her representative in accordance with special legislation8).
Director and Deputy Director
(1) The Director shall be the statutory body of the Fund. The Director shall direct the activities of the Fund and take decisions on all matters not covered by the Supervisory Board.
(2) The Director is appointed and withdrawn by the Government. The position of Director shall be incompatible with the membership of the Supervisory Board.
(3) The Director is an employee of the Fund. It shall be entitled to establish and appoint the Head of the Fund's expertise.
(4) The Director shall represent and act on behalf of the Fund.
(5) The Director shall appoint and remove a representative who shall represent him in full, during his absence, in the management of the Fund.
Scope of the Ministry
The Ministry is responsible for:
(a) to decide on an appeal against a decision of the Fund, unless otherwise provided for in that law;
(b) propose to the Government the appointment and removal of the Director;
(c) approve the draft budget of the Fund and submit it to the Government within the time limit laid down in Article 6c;
(d) approve the amount of the loan pursuant to § 6a (6);
(e) to decide on the remission or partial remission of the obligation to pay periodic penalty payments on exceptional and special account grounds, unless otherwise provided in the specific legislation.
Supervisory Board
(1) The Supervisory Board is the control body of the Fund. The Supervisory Board shall monitor the operation and management of the Fund and its bodies. Supervisory Board in its activities
(a) control the implementation of the Fund's mission and all activities of the Fund and its institutions;
(b) review the accounts and comment on the draft budget of the Fund and on the annual report of the Fund.
(2) The Supervisory Board is five members. The Chairman of the Supervisory Board shall be a Member, the Vice-Chair of the Supervisory Board shall be a Senator. The Chairman of the Supervisory Board and 3 other members of the Supervisory Board are elected and dismissed by the Chamber of Deputies of the Parliament of the Czech Republic. The Vice-Chairman of the Supervisory Board shall elect and dismiss the Senate of the Parliament of the Czech Republic. The remuneration associated with the performance of the duties of a member of the Supervisory Board shall be determined by the Statute of the Fund.
(3) The term of office of the members of the Supervisory Board shall be four years. On expiry of their term of office, the members of the Supervisory Board shall hold office on the Supervisory Board until their successor is elected. If, during the term of office of the Supervisory Board, the Chair of the Supervisory Board loses the mandate of Members 9) or the Vice-Chair of the Supervisory Board of the Senator 9), he shall hold the seat of the Supervisory Board until his successor is elected.
(4) The members of the Supervisory Board may not be members of the staff of the Fund.
(5) The meetings of the Supervisory Board shall be convened and managed by its chairman or vice-chairman. The Supervisory Board shall be qualified to take a decision if an absolute majority of its members, including the Chairman or Vice-Chairman of the Supervisory Board, participate in its deliberations. The decision of the Supervisory Board shall require the consent of an absolute majority of the members. The Chairman or Vice-Chair of the Supervisory Board shall, within 14 days of receipt of the request, convene the Supervisory Board if at least three members of the Supervisory Board so request.
Subsidy
(1) The Fund provides subsidies in accordance with this Act, the Agriculture Act and the Government Regulations for their implementation.
(2) In deciding on the granting of subsidies, the Fund shall have the status of a public authority.
(3) The procedure for granting and deciding the grant shall not apply to the time limits for the decision, the provisions on the obligation to allow the parties before the decision is taken to comment on the grounds of the decision, the provisions on the communication of the parties to the proceedings on the performance of the evidence outside the oral procedure, the provisions on the record of the performance of the document and the provisions on the provision of a resolution when carrying out the evidence by examining the case in accordance with the administrative rules.
(4) If the Fund finds that the conditions for granting the subsidy have not been met, it shall impose a repayment under Paragraph 11a.
(5) Both the Fund and the beneficiary of the subsidy are required to keep for a period of 10 years evidence of the grant and use of the subsidy, unless otherwise provided for in specific legislation.
(6) The Fund shall apply mutatis mutandis to the implementation of structural support programmes under specific legislation1f in accordance with paragraphs 1 to 5.
Repayment of subsidies and periodic penalty payments
(1) If the beneficiary of the subsidy has obtained a grant from the Fund on the basis of the false data provided by it, he shall repay the grant in full to the Fund and pay the penalty payment to the Fund at the same time as the amount of the grant, up to a maximum of that amount. The penalty shall be calculated from the date on which the amount of the subsidy is written off from the Fund's account until the date on which it is credited to the Fund's account.
(2) If the beneficiary proves that he could not have been aware of the illegality of the data on the date of disclosure of the grant, the Fund shall limit the repayment of the grant to only the part provided on the basis of false data and shall not impose periodic penalty payments.
(3) If, during the period to which the subsidy is granted, the beneficiary has not fulfilled one of the conditions to which the grant was granted, he shall be obliged to repay the subsidy to the Fund and pay the penalty payment to the Fund at the same time on a daily basis from the amount of the subsidy reimbursed, up to a maximum of that amount. The penalty shall be calculated from the date on which the amount of the subsidy is written off from the Fund's account until the date on which it is credited to the Fund's account.
(4) If, during the period to which the subsidy is granted, the beneficiary has not fulfilled only one of the conditions to which the grant was granted, for exceptional and special reasons appropriate, the Fund may, if requested by the beneficiary, limit the repayment of the grant granted in view of the extent of the beneficiary's evidence.
(5) If the beneficiary of the subsidy has obtained a grant on the basis of false data, with the exception of those referred to in paragraph 2, the Fund shall not grant it any subsidy for the following two years.
(6) Repayment of the subsidy and periodic penalty payments may be imposed no later than 10 years from 1 January of the year following the year in which the conditions for granting the subsidy were not met.
(7) Penalties which in individual cases do not exceed CZK 3,000 shall not be imposed unless otherwise provided for in the specific legislation.
(8) The suspension or partial remission of the obligation to pay the periodic penalty payment may, where justified, allow a presidium.
(9) Repayment of the subsidy and periodic penalty payments shall be imposed by the Fund by decision, enforced and other measures constituting its administration.
(10) The procedure referred to in paragraphs 1 to 9 shall not apply to budgetary rules 9a). In the event of unauthorised use of funds from subsidies which are covered in whole or in part by funds received from the National Fund and the retention of such funds to be recovered on settlement, the budgetary rules and the Tax and Fee Administration Act shall apply. The management of the payment for breach of budgetary discipline which the beneficiary is obliged to carry out, in whole or in part, covered by the funds received from the National Fund which has unlawfully used the subsidy or part of it, and the penalty payment for late payment thereof shall be governed by the Tax and Charges Administration Act and shall be implemented by the Territorial Financial Authorities. The obligation to make such a contribution and to pay such periodic penalty payments and its implementation shall be governed by the budgetary rules 9a) and shall, mutatis mutandis, be governed by their provisions applicable to the funds unduly used, covered in whole or in part by the National Fund, which provides a government budget of 9b). The revenue referred to in paragraphs 1 and 2 shall be borne by the Fund, which shall, however, transfer to the Fund the proportion of the subsidies reimbursed corresponding to the part covered by the funds received from the National Fund without undue delay. It shall apply mutatis mutandis in accordance with the provisions of the budgetary rules applicable to the funds unduly used, covered in whole or in part by the National Fund, which provides a state budget of 9b).
(11) If the beneficiary does not fulfil the obligation under paragraphs 1 and 3, the Fund may decide that the amount of the subsidy which the beneficiary is obliged to repay under paragraphs 1 and 3 shall be deducted from the amount of the subsidy for which he has fulfilled the conditions. By subtracting the obligation to repay the subsidy referred to in paragraphs 1 and 3, it shall cease; the obligation to pay a periodic penalty payment of the amount referred to in paragraph 1 from the date on which the amount of the subsidy which the beneficiary is required to repay from the Fund account until the date of the deduction decision is not affected by this shall not be affected.
Export subsidy
(1) The export subsidy is granted by the Fund under a contract concluded with a natural or legal person applying for the export subsidy under the conditions laid down in this Act and by the Government Regulations issued for its implementation.
(2) The subsidy may be granted only on exportation of an agricultural product or foodstuff originating in the Czech Republic within the limit laid down by the international agreement binding on the Czech Republic.
(3) The export subsidy application shall contain the following information to assess whether the conditions for conclusion of the export subsidy contract are met:
(a) the designation of the applicant, including an identification number, if it is a legal person and a natural person with an assigned identification number, or the date of birth, if it is a natural person not assigned;
(b) the subject matter of the applicant's business;
(c) the specification of the agricultural product or foodstuff for which the subsidy is claimed,
(d) the bank connection of the applicant.
(4) Applications which are incomplete or contain false data are not taken into account by the Fund.
(5) The essential element of the contract between the Fund and the beneficiary of the subsidy, which is otherwise governed by general legislation9b), is always:
(a) the quantity and type of agricultural product or foodstuff for which the subsidy is to be granted;
(b) the period during which the subsidised export of the agricultural product or foodstuff is to be effected;
(c) the conditions which the recipient of the subsidy must fulfil in relation to the stability of the market for the agricultural product or foodstuff concerned;
(d) the period during which the beneficiary of the subsidy is required to keep evidence showing compliance with the conditions for granting the subsidy;
(e) penalties for non-compliance;
(f) a commitment by the beneficiary not to be an importer of the agricultural product or foodstuff to which the subsidy will be granted;
(g) the reservation of the Fund to withdraw from the contract in the event of non-compliance with the terms of the contract by the recipient of the subsidy or in the event of the finding of false information in the application for export subsidy.
(6) The conditions for granting export subsidies shall be laid down by the Government in its regulation.
(7) The export subsidy is granted by the Fund in accordance with specific legislation9c.
Intervention buying and selling
(1) The Fund shall, by intervention, purchase agricultural products and foodstuffs at the intervention price fixed by the relevant provisions of the European Communities. 1e).
(2) Only agricultural products and foodstuffs originating in the Czech Republic may be bought into intervention by the Fund.
(3) Only agricultural products and foodstuffs originating in the European Communities may be purchased by the Fund in intervention, unless specific legislation provides otherwise.
(4) The Fund sells or otherwise transfers intervention agricultural products and foodstuffs originating in the European Communities in accordance with specific legislation9d.
(5) The Fund will discuss its procedure for the implementation of intervention purchases and sales with the Administration of State tangible reserves.
(6) Intervention buying-in and selling and, where appropriate, related transport, storage and processing of agricultural products and foodstuffs are carried out by the Fund either alone or through another legal or natural person. The Fund shall select those persons in the selection procedure it declares. The Fund shall publish:
(a) notice of the holding of the selection procedure, in at least 1 national distributed journal and in a way that allows remote access;
(b) the conditions of the selection procedure, in a way that allows remote access;
(c) the results of the announced selection procedure referred to in (a), mutatis mutandis.
(7) The conditions for the implementation of intervention buying-in and selling of agricultural products and foodstuffs are laid down in a regulation. The Government may also provide for an individual agricultural product or foodstuff for the period during which the Fund may carry out intervention buying-in and, where appropriate, the quantity which the Fund may purchase, if the provisions of the European Communities so allow.
Production quotas and their system
(1) Only agricultural products or foodstuffs originating in the Czech Republic from agricultural raw materials originating in the Czech Republic may be used to fulfil an individual production quota, unless the European Communities' regulation is directly applicable, and this product or foodstuff may not be used to meet an individual production quota for more than one person authorised to have an individual production quota allocated to an individual production quota or, where appropriate, an individual production quota from another person authorised to have an individual production quota (hereinafter referred to as the "quota holder").
(2) An individual production quota or part thereof may be transferred by the holder of the quota by a written contract governed by the general legislation9b) to another person (hereinafter referred to as the acquirer of the quota), unless otherwise provided for by that law.
(3) The transfer referred to in paragraph 2 shall be notified in writing by the quota acquirer to the Fund without delay.
(4) The Fund shall, within 15 days of the date of receipt of the notification, issue a written confirmation that the transfer of an individual production quota or part thereof is registered if the conditions laid down in this Law and the Government Regulations are fulfilled.
(5) An individual production quota or part thereof may not be transferred by the holder of the quota during the first quota year to which an individual production quota or part thereof has been allocated to it from the reserve if it forms part of a production quota system under European Community rules.
(6) The provisions of paragraph 5 shall not apply where the holder of a quota acquired from the reserve, if he is part of a production quota system under European Community rules, proves, for an exceptional and special reason, that he was forced to reduce the marketing of the agricultural product or foodstuff in the Czech Republic.
(7) The provisions of paragraphs 3 and 4 shall apply mutatis mutandis to the crossing of the quota.
(8) The quota holder who produces sugar or potato starch shall ensure that, in production facilities for the manufacture of sugar or potato starch, such measures are taken to enable the quantity of beet or potato processed to be checked and, at any stage of production, to check the quantity of sugar or potato starch produced.
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Regulation Information
| Citation | Full text of Act No. 5 / 2006 Coll., 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), as seen from subsequent amendments |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 06.01.2006 |
|---|---|
| Effective from | - |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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