Government Decree No. 550 / 2002 Coll.
Government Regulation laying down the conditions and principles governing the granting of the subsidy for the export of piglets and pigs for slaughter and of pigmeat derived therefrom
Valid
Regulation
Effective from 31.12.2002
Text versions:
31.12.2002
550
GOVERNMENT REGULATION
of 9 December 2002
laying down the conditions and principles for granting the subsidy for the export of piglets and pigs for slaughter and of pigmeat derived therefrom
The government orders the implementation of Act No. 256 / 2000 Coll., on the State Agricultural Intervention Fund and on the amendment of some other laws (Act on the State Agricultural Intervention Fund):
Preliminary provisions
(1) The State Agricultural Intervention Fund (hereinafter referred to as "the Fund") may grant subsidies to natural or legal persons on the export of pigs for slaughter and their pig meat in the categories set out in Annex 1 to this Regulation (hereinafter referred to as "pigs for slaughter") and on the export of live pigs weighing less than 50 kg (hereinafter referred to as "piglets"), if the pigs for slaughter and domestic piglets are concerned.
(2) The Fund provides for:
(a) the period during which the subsidised exports of piglets and pigs for slaughter will be carried out, on the basis of the possibility of placing the quantities of piglets and pigs for slaughter referred to in point (b) on foreign markets;
(b) the total quantity of piglets and pigs for slaughter, converted into live weight ("live weight") for which a subsidy may be granted during the period referred to in (a); that quantity shall be determined on the basis of the production and sale balance of piglets and slaughter pigs in the three preceding calendar months and on the basis of the forecast production and sale balance of piglets and pigs in the six following calendar months, taking into account the Fund's budgetary options,
(c) the price which the recipient of the subsidy is obliged to pay to the supplier within 30 days for at least 1 kilogram of live weight of piglets or pigs for slaughter, taking into account the need to avoid a fall in the price of piglets or pigs for slaughter and the budgetary possibilities of the Fund, and in accordance with the international obligations of the Czech Republic;
(d) the period within which an application for a subsidy of the amount requested may be lodged for the export of piglets and pigs for slaughter ("the application").
(3) The conditions referred to in paragraph 2 (b) to (d) 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 one national journal no later than 5 days before the date by which the application referred to in paragraph 2 (d) may be submitted.
(4) The coefficients set out in Annex 1 to this Regulation shall be used to convert the different categories of pigs for slaughter or to convert piglets into live weight.
Request
(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, if it proves that it is legally active in the territory of the Czech Republic,
(b) provide evidence at the date of the application by the accounting officer or, where appropriate, by customs documents that, in the 12 calendar months immediately preceding the month in which the application was lodged, it exported at least 100 tonnes per live weight of the goods referred to in the customs tariff headings 0102, 0103, 0201, 0202, 0203 or 0207,
(c) apply for a subsidy of at least 50 tonnes per live weight of pigs for slaughter or 1000 piglets,
(d) has been 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 Financial Office, the commitments incurred in connection with the aid granted to agriculture and the commitments due for pigs for slaughter or piglets delivered with all suppliers,
(e) is not in liquidation and no bankruptcy has been declared against his property.
(2) The particulars of the application shall include the model of the application set out in Annex 2 to this Regulation. Compliance with the conditions laid down in points (d) and (e) of paragraph 1 shall be confirmed by the applicant 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 live weight of piglets or pigs for slaughter for which he requires a subsidy for export, together with a proposal for the amount of subsidy requested for export.
(4) The application may be served on the Fund by the deadline set by the Fund at the latest [Paragraph 1 (2) (d)].
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 time limit set;
(b) the applicant fulfils the conditions laid down in Article 2 (1);
(c) the application is supported by the documents referred to in Articles 2 (1) (b) and 2 (2) and is 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) The non-rejected applications referred to in paragraph 2 shall be ranked by the Fund according to the subsidy amount requested from the lowest subsidy application to the highest subsidy application.
(4) The Fund shall propose to applicants the conclusion of a subsidy contract for the export of piglets or pigs for slaughter (hereinafter referred to as "the contract"), on the basis of the ranking provided for in paragraph 3, pending the completion of the total quantity of piglets or pigs for slaughter provided for in Article 1 (2) (b).
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 always contains:
(a) the determination of the quantities of piglets or slaughter pigs converted into live weight for which the Fund grants a subsidy equivalent to that of the beneficiary of the subsidy in the application;
(b) the undertaking of the beneficiary of the subsidy to export the quantities of piglets or pigs for slaughter determined in accordance with point (a) during the period laid down in Article 1 (2) (a);
(c) an undertaking by the beneficiary to repay the subsidy if it fails to comply with the terms of the contract or if it contains false information in the application;
(d) the undertaking of the recipient of the subsidy not to import into the Czech Republic during the period provided for in Article 1 (2) (a) of the Customs Tariff under group 0103 or 0203,
(e) an undertaking by the recipient of the subsidy to buy from the suppliers of piglets or pigs for which export is to be granted and to pay suppliers within 30 days of the date of delivery during the period referred to in Article 1 (2) for each 1 kg of piglets or pigs for slaughter thus purchased, the price fixed for that period pursuant to Article 1 (2) (c);
(f) setting the time limit by which the beneficiary of the subsidy must keep evidence demonstrating compliance with the conditions for granting the subsidy;
(g) 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 the finding of false information in the application.
Subsidy
(1) The Fund will grant a subsidy for the export of each 1 kg of pigs for slaughter or piglets up to the quantity agreed in the contract referred to in Article 4 (2) (a) within 21 days of the date of submission of the documents proving compliance with the contractual conditions for granting the export subsidy.
(2) The Fund will grant the subsidy only if piglets or pigs for slaughter are exported to countries to which subsidised exports of piglets and pigs for slaughter can be made in accordance with the international agreement, (1) to which the Czech Republic is bound.
This Regulation shall enter into force on the day of its publication.
Prime Minister:
PhDr. Špidla v. r.
Minister for Agriculture:
Ing. Palas v. r.
Příloha č. 1
Annex No. 1 to Government Decree No. 550 / 2002 Coll.
Category of pigs for slaughter eligible for export subsidy by the Fund and conversion factors for piglets and pigs for slaughter into live weight
1. Pigs for slaughter with an average buying-in weight of not less than 85 kg, converted into live weight by coefficient 1.
2. Pork halves in export treatment chilled to live weight of pigs slaughtered by a coefficient of 1,41.
3. Pork halves in export treatment frozen to live weight of pigs for slaughter, calculated by coefficient 1,44.
4. Piglets converted into live weight by coefficient 1.
Příloha č. 2
Annex No 2 to Government Decree No 550 / 2002 Coll.
1) For example, the Central European Free Trade Agreement concluded between the Czech Republic, the Republic of Hungary, the Republic of Poland and the Slovak Republic, published under No 54 / 1995 Coll., as amended, the Treaty establishing a Customs Union between the Czech Republic and the Slovak Republic, published under No 237 / 1993 Coll., the European Agreement establishing an Association between the Czech Republic, of the one part, and the European Communities and their Member States, of the other part, published under No 7 / 1995 Coll., as amended.
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Regulation Information
| Citation | Government Regulation No 550 / 2002 Coll., laying down the conditions and principles for granting the subsidy for the export of piglets and pigs for slaughter and of pig meat derived therefrom |
|---|---|
| Regulation Type | Regulation |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 31.12.2002 |
|---|---|
| Effective from | 31.12.2002 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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