Government Decree No. 548 / 2005 Coll.
Government regulation on certain conditions for implementing measures of the common organisation of the markets in the sugar sector
Valid
Regulation
Effective from 31.12.2005
548
GOVERNMENT REGULATION
of 21 December 2005
laying down certain conditions for the implementation of measures of the common organisation of the markets in the sugar sector
The Government orders pursuant to § 11d (9) 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 amended by Act No. 128 / 2003 Coll. and Act No. 441 / 2005 Coll., and pursuant to § 2b (2) of Act No. 252 / 1997 Coll., on Agriculture, as amended by Act No. 128 / 2003 Coll. and Act No. 441 / 2005 Coll.:
Subject matter
This Regulation (1) governs certain conditions for the implementation of the measures of the common organisation of the markets in the sugar sector following directly applicable rules of the European Communities (2) (hereinafter referred to as the "Regulation of the European Communities').
Basic concepts
This Regulation shall mean:
(a) by the sugar refinery of a sugar-producing establishment located in the Czech Republic,
(b) sugar beet product of agricultural production3) intended for the production of sugar in the sugar factory and grown in the Czech Republic.
Amendment to quota A and quota B
If, pursuant to a regulation of the European Communities, the A quota and the B quota established for the Czech Republic, the State Agricultural Intervention Fund (hereinafter referred to as the Fund) are amended within 15 days of the entry into force of the Regulation of the European Communities, the holder of the quota shall be notified in writing of the amount of the A quota and the B quota for the marketing year concerned, broken down by sugar factory of the quota holder.
Notification of transfer of part of the sugar produced to the following marketing year
Notification of the transfer of part of the sugar produced to the following marketing year, carried out under the conditions laid down by the European Communities (7), shall be made by the Fund's quota holder using the form issued by the Fund.
Application for netting of sugar produced under contract
An application to set off the sugar8) produced under the contractual relationship between the sugar-producing client and the sugar-producing processor shall be submitted jointly by the client and the processor to the Fund together with an officially certified copy of the contract concerned within 15 days of the date of conclusion of the contract. The application shall be submitted to the Fund using the form issued by the Fund. The Fund shall assess whether the conditions laid down in the European CommunityRegulation (8) have been met and decide, in accordance with the European CommunityRegulation (8), whether the sugar production carried out by the processor is considered to be the sugar production of the client.
Transfer of quota due to change in ownership or user relations
(1) The quota holder shall notify the Fund of any fact referred to in the European CommunityRegulation (9) on the basis of which its ownership or user relations have changed, using a form issued by the Fund. The time limit for the written notification of the relevant facts by the Fund's quota holder shall be 15 days from the date on which that event occurred.
(2) The Fund shall, within 15 days of the date of receipt of the notification of a change of ownership or user relations, confirm in writing to the quota holder that the facts referred to in paragraph 1 have been notified to it.
(3) The Fund shall transfer quota A or quota B, or part of quota A, or part of quota B as provided for in the European Communities Regulation (10). At the same time, the Fund shall notify at the same time the acquirer of quota A or quota B or part of quota A or part of quota B or part of quota B, if the provider remains the holder of the quota, the adjusted amount of their quota A and quota B.
Closure of the sugar plant
(1) The quota holder shall notify in writing the Discontinuation Fund of Sugar Production11) in a sugar refinery operated by it (the "closed sugar refinery") within 15 days of the end of the sugar production.
(2) Part of the quota A B quota covering a closed sugar beet shall be left to the quota holder if, within the period referred to in paragraph 1, the Fund has demonstrated that it has contractually transferred the supply of beet from sellers supplying beet to a closed sugar beet into another sugar beet which is the sole and exclusive operator of it.
(3) If a part of quota A or quota B is not kept by the holder in the manner referred to in paragraph 2, the Fund shall allocate a quota A or a part of quota B to the holder referred to in paragraph 1, or a part of quota B, or part of quota A, or part of quota B. The Fund shall at the same time notify the sugar manufacturer of the adjusted amount of quota A and quota B. The sugar manufacturer shall demonstrate receipt of the commitments referred to in this paragraph in a written notification submitted to the Fund, in which at the same time, by the appropriate document or expert opinion, that he is able to produce a quantity of sugar corresponding to the quota or part of the quota of the closed sugar factory, taking into account the production capacity of his sugar factories.
Minimum sugar beet price
The minimum price for A beet and the minimum price for B beet laid down by the regulations of the European Communities (12) shall be deemed to be officially set prices13).
Production refund
(1) The Fund provides a production refund in accordance with the Regulation of the European Community14) to processors of basic products and intermediate products (hereinafter referred to as the "processor"), which is registered by the Fund. The application for a marketing authorisation shall be submitted by the processor of the Fund using the form issued by the Fund.
(2) The Fund shall also register the manufacturer of the intermediate product upon request; the application for a marketing authorisation shall be submitted by the manufacturer of the Fund intermediate product using the form issued by the Fund. After registration, the Fund shall issue a certificate to the manufacturer of the intermediate product at his request that the intermediate product has been manufactured in the Czech Republic directly and exclusively from the basic product; a request for confirmation shall be submitted by the manufacturer of the Fund intermediate product using the form issued by the Fund.
(3) An application for a production refund certificate shall be submitted by the processor of the Fund using the form issued by the Fund.
(4) The processor shall notify the Fund of the anticipated deliveries of basic products and intermediate products no later than 2 working days before delivery. The processor may submit a preliminary report at the same time as the application for a production refund certificate.
(5) The processor shall report to the Fund on the deliveries made of basic products and intermediate products within 2 weeks of the last delivery notified in the preliminary report.
(6) The processor shall report to the Fund on the cessation of processing of basic products and intermediate products no later than 12 months after the expiry of the production refund certificate.
(7) The report referred to in paragraphs 4 to 6 shall be submitted by the processor of the Fund on forms issued by the Fund.
Preliminary information on sugar production
(1) The quota holder shall notify the Fund by 31 January of the relevant wine year 15) of the preliminary information on its current annual sugar production16) for the current marketing year on the form issued by the Fund.
(2) The Fund shall verify the information referred to in the notification referred to in paragraph 1 by 15 February of the marketing year in question and shall confirm or adapt that information on the basis of its own findings in order to correspond to the annual production of A sugar and B sugar of the quota holder concerned for the marketing year concerned.
Final information on sugar production
(1) The quota holder shall notify the Fund by 31 July of the calendar year concerned of the final information on its annual sugar production (16) for the previous marketing year on the form issued by the Fund.
(2) The Fund shall verify the information referred to in the notification referred to in paragraph 1 by 31 August of the relevant calendar year (17) and shall confirm or adapt that information on the basis of its own findings to correspond to the final annual production of A sugar and B sugar of the quota holder concerned for the marketing year concerned.
Provision of further information
(1) The quota holder provides information on:
(a) the quantity of A beet, the quantity of B beet and the quantity of C sugar beet for which it has concluded contracts for the supply of beet for the marketing year concerned; the information shall be submitted by 31 March of the marketing year in which the beet supply contracts are concluded,
(b) the agreed fixed sugar content of beet referred to in (a); the information shall be submitted by 31 March of the marketing year in which the beet supply contracts are concluded,
(c) the estimated yield of sugar from beet referred to in (a); the information shall be submitted by 31 March of the marketing year in which the beet supply contracts are concluded,
(d) the harvesting areas and processed quantities of beet referred to in (a) for the marketing year concerned; the information shall be submitted by 31 January of the marketing year concerned,
(e) an estimate of the data referred to in point (d) for the following marketing year; the information shall be submitted by 1 May of the marketing year concerned;
(f) the start and end of processing sugar beet in a sugar factory; the information shall be submitted within 10 days of the end of the processing of sugar beet in the sugar factory,
(g) an inventory of sugar on 31 January and 30 June of the marketing year concerned; the information shall be submitted within 10 days of the expiry of that date.
(2) The non-quota sugar manufacturer provides the Fund with information on:
(a) the quantity of C sugar produced by him exported during the previous month of the marketing year concerned; the information shall be submitted by the end of the following month of the marketing year concerned;
(b) an inventory of sugar on 31 January and 30 June of the marketing year concerned; the information shall be submitted within 10 days after the date specified,
(c) a change in its operational circumstances within 10 days of the date on which such change entered into force.
(3) The Fund is authorised to apply for control purposes from the quota holder the original version of the contract in force or an officially certified copy thereof concluded by that quota holder in the marketing year concerned with the beet seller.
(4) Where an inter-branch agreement is concluded pursuant to a Regulation of the European Communities (18), each Contracting Party to that Agreement shall provide its officially certified copy to the Fund and to the Ministry of Agriculture.
(5) Where the Fund finds, on the basis of supervision carried out pursuant to a Regulation of the European Communities (19), that the contract submitted pursuant to paragraphs 3 and 4 concluded between beet growers and sugar producers does not comply with the provisions of the Regulation of the European Communities (20), it shall without delay invite both Parties to remedy the deficiencies identified.
(6) The information referred to in paragraphs 1 and 2 and in the rules of the European Community21) shall be provided to the Fund on forms issued by the Fund.
(7) The Fund shall provide information obtained pursuant to paragraphs 1 and 2 and information obtained pursuant to Articles 11 (1) and 12 (1) to the Ministry of Agriculture.
Repeal
Government Regulation No 364 / 2004 Coll., laying down certain conditions for the implementation of measures of the common organisation of the markets in the sugar sector, is hereby repealed.
Efficacy
This Regulation shall enter into force on 31 December 2005.
Prime Minister:
Ing. Paroubek v. r.
Minister for Agriculture:
Ing. Mládek, CSc.
1) It is issued for the implementation and within the limits of the law, the content of which allows for an adjustment following the directly applicable regulation of the European Communities by the Government.
2) Council Regulation (EC) No 1260 / 2001 of 19 June 2001 on the common organisation of the markets in the sugar sector, as amended. Commission Regulation (EEC) No 1043 / 1967 of 22 December 1967 laying down detailed rules for the establishment of basic quotas in the sugar sector, as amended. Council Decision (EEC) No 583 / 1974 of 20 November 1974 on the monitoring of the movement of sugar. COMMISSION REGULATION (EEC) No 1516 / 1974 of 18 June 1974 on the supervision by Member States of contracts concluded between sugar producers and sugar beet producers. Commission Regulation (EEC) No 2670 / 1981 of 14 September 1981 laying down detailed rules of application for the production of sugar in excess of the quota, as amended. Commission Regulation (EEC) No 65 / 1982 of 13 January 1982 laying down detailed rules for the transfer of sugar to the following marketing year, as amended. Commission Regulation (EC) No 779 / 1996 of 29 April 1996 laying down detailed rules for the application of Council Regulation (EEC) No 1785 / 1981 as regards communications in the sugar sector, as amended. Commission Regulation (EC) No 1261 / 2001 of 27 June 2001 laying down detailed rules for applying Council Regulation (EC) No 1260 / 2001 as regards contracts for the supply of sugar beet and price increases and reductions applicable to sugar beet. Commission Regulation (EC) No 1262 / 2001 of 27 June 2001 laying down detailed rules for the application of Council Regulation (EC) No 1260 / 2001 as regards the buying-in and sale of sugar by intervention agencies, as amended. Commission Regulation (EC) No 1265 / 2001 of 27 June 2001 laying down detailed rules for the application of Council Regulation (EC) No 1260 / 2001 as regards the granting of a production refund on certain sugar products used in the chemical industry. Commission Regulation (EC) No 314 / 2002 of 20 February 2002 laying down detailed rules for the application of the quota system in the sugar sector, as amended. Commission Regulation (EC) No 1609 / 2005 of 30 September 2005 reducing, for the 2005 / 2006 marketing year, the guaranteed quantity in the sugar sector under production quotas and the expected maximum supply requirements for refineries under preferential imports.
3) § 2e (3) of Act No. 252 / 1997 Coll., on Agriculture, as amended by Act No. 85 / 2004 Coll.
4) Paragraph 3 of Decree No. 364 / 2004 Coll., on the establishment of certain conditions for the implementation of measures of the common organisation of the markets in the sugar sector.
5) Article 1 of Commission Regulation (EC) No 1609 / 2005.
6) Act No. 256 / 2000 Coll., on the State Agricultural Intervention Fund and amending certain laws (Act on the State Agricultural Intervention Fund), as amended by Act No. 128 / 2003 Coll., Act No. 41 / 2004 Coll., Act No. 85 / 2004 Coll., Act No. 237 / 2004 Coll., Act No. 482 / 2004 Coll. and Act No. 441 / 2005 Coll.
7) Article 14 of Council Regulation (EC) No 1260 / 2001. Commission Regulation (EEC) No 65 / 1982, as amended.
8) Article 5 (3) and (4) of Commission Regulation (EC) No 314 / 2002.
9) Point V of Annex IV to Council Regulation (EC) No 1260 / 2001.
10) Annex IV to Council Regulation (EC) No 1260 / 2001.
11) Point II (3) of Annex IV to Council Regulation (EC) No 1260 / 2001.
12) Articles 4 and 5 of Council Regulation (EC) No 1260 / 2001. Commission Regulation (EC) No 1261 / 2001.
13) Article 5 of Act No. 526 / 1990 Coll., on Prices.
14) Commission Regulation (EC) No 1265 / 2001.
15) Article 1 (2) (m) of Council Regulation (EC) No 1260 / 2001.
16) Article 5 of Commission Regulation (EC) No 314 / 2002.
17) § 12a of Act No. 256 / 2000 Coll., as amended by Act No. 128 / 2003 Coll.
18) Point I.3 of Annex III to Council Regulation (EC) No 1260 / 2001.
19) Commission Regulation (EEC) No 1516 / 1974.
20) Annex III to Council Regulation (EC) No 1260 / 2001.
21) Articles 4b (1) and 4c (1) of Commission Regulation (EC) No 314 / 2002.
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Regulation Information
| Citation | Government Regulation No 548 / 2005 Coll., laying down certain conditions for the implementation of measures of the common organisation of the markets in the sugar sector |
|---|---|
| Regulation Type | Regulation |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 30.12.2005 |
|---|---|
| Effective from | 31.12.2005 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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