Government Decree No. 655 / 2004 Coll.
Government regulation laying down the conditions for the inclusion of producer groups providing for the common marketing of selected agricultural commodities in the programme of setting up producer groups and setting out the conditions for granting subsidies to support their activities
Valid
Effective from 12.01.2005
655
GOVERNMENT REGULATION
of 1 December 2004
laying down the conditions for the classification of producer groups providing for the common marketing of selected agricultural commodities in the programme for the setting-up of producer groups and laying down the conditions for granting subsidies to support their activities
The Government orders pursuant to § 2c (5) of Act No. 252 / 1997 Coll., on Agriculture, as amended by Act No. 85 / 2004 Coll., hereinafter referred to as "the Act ':
Subject matter
This Regulation regulates, in the light of the directly applicable provisions of the European Communities (1), the conditions for the inclusion of a group of producers providing for the common disposal of agricultural commodities (hereinafter referred to as the "producer group ') in the programme for the setting-up of producer groups (hereinafter referred to as the" programme') and the conditions for the grant to a group of producers to support their activities (hereinafter referred to as "subsidies').
Definition of terms
For the purposes of this Regulation:
(a) the agricultural commodity unprocessed product of agricultural primary production, as listed in the Annex to this Regulation, intended for its joint disposal by a group of producers;
(b) traded production of the quantity of agricultural commodity in units of measurement listed in the Annex to this Regulation, sold in the relevant calendar year (Section 5 (4)),
(c) a group of producers of a trading company or cooperative (2) whose business is to ensure the joint disposal of the relevant agricultural commodity;
(d) a programme of measures to support the activities of producer groups and to strengthen their competitiveness;
(e) the common rules of the manufacturer group laid down by the relevant manufacturer group governing production, technological and organisational procedures, the quality and marketing requirements of the relevant agricultural commodity listed in the Annex to this Regulation, by that producer group.
Conditions for inclusion of a group of producers in the programme
The State Agricultural Intervention Fund (hereinafter referred to as the Fund) shall include a group of producers in the programme on the basis of its request received by the Fund (hereinafter referred to as the "application for inclusion ') if that group of producers:
(a) meets the condition of an annual marketed production of at least CZK 3,000 000 or of at least 5 partners (3) or members (4) of the producer group (hereinafter referred to as "member"),
(b) it was established between 1 May 2004 and 31 October 2006.
Application for inclusion in the programme
(1) The application for inclusion shall be submitted to the Fund on the form issued by it by 31 October 2006 at the latest. The application for inclusion shall include:
(a) the information provided for in Article 3 (2) of the Act;
(b) the date of registration of the manufacturer group in the commercial register;
(c) the name and address or company and the registered office of the person or persons who are the statutory authority or its members, indicating the manner in which they act on behalf of the legal person; where the statutory body or its member is a legal person, the name and address of the persons who are the statutory body of that legal person or a member of its statutory body;
(d) the identification of the agricultural commodity and, where appropriate, the identification of the agricultural commodities for which the group of producers applies for classification;
(e) the amount of the financial value of the marketed production for the calendar year preceding the calendar year in which the application for inclusion is submitted.
(2) An integral part of the application for inclusion is:
(a) an extract from the commercial register (5), not more than 3 months old;
(b) a list of the members of the group of producers, including the address of the place of business and, where appropriate, the address of their head offices, indicating the agricultural commodity they produce and the sales of which they dispose through the group of producers;
(c) the social contract (6) or the statutes (7) of the group of producers,
(d) the business plan of a group of manufacturers, including the definition of the object and objectives of the business and the financial plan of the business.
Conditions for granting the subsidy
(1) The subsidy for the relevant calendar year shall be granted to a group of producers on request (Section 6) if that group of producers:
(a) has been included in the programme by 31 December 20068),
(b) ensure the disposal of the relevant agricultural commodity listed in the Annex to this Regulation;
c) fulfils the requirement of annual traded production of at least CZK 3,000 000 or of at least 5 members;
(d) buying from a third party the relevant agricultural commodity listed in the Annex to this Regulation only:
1. where the quantity of this agricultural commodity does not exceed 10% of the total marketable production of the agricultural commodity by the members for the relevant calendar year; or
2. in the event of compliance with the obligation to supply obligations for its member who has not fulfilled those obligations under the social contract (6), (7) or contracts for the amount of marketed production,
(e) all members are commercial natural or legal persons producing at least one agricultural commodity listed in the Annex to this Regulation, the disposal of which is provided through the group of producers for which the subsidy is to be paid to that group of producers;
(f) all members sell to the market their entire marketed production of agricultural commodities through the producer group for which subsidies are to be paid to the producer group.
(2) The subsidy shall be granted to a group of producers for a duration of 5 calendar years from the date on which the group of producers was included in the programme.
(3) The subsidy shall be determined on the basis of the applicant's financial value of the annual marketable production of the relevant agricultural commodity for which the producer group was included in the programme, originating from its members.
(4) The amount of the financial value of the annual marketed production shall be communicated by the applicant to the Fund for each period of the calendar year concerned and shall be accompanied by the necessary documents (Section 6 (2)). The first calendar year for which the financial value of the annual marketed production for the purposes of this Regulation is determined shall be the calendar year in which the group of producers was included in the programme. The financial value of the annual marketed production shall include data for the period beginning on the calendar day on which the producer group was included in the programme and ending on the last day of the calendar year. The financial value of the annual traded production shall not include the production of the agricultural commodity sold by a group of producers back to one of the members of the group of producers.
(5) The amount of the subsidy for the calendar year in question is 5% in the first calendar year, 5% in the second calendar year, 4% in the third calendar year, 3% in the fourth calendar year and 2% in the fifth calendar year, from the financial value of the annual marketed production. The subsidy granted to a group of producers for the calendar year in question may amount to a maximum of EUR 11 220.
Application for subsidy
(1) The application for a subsidy for the relevant calendar year shall be submitted by a group of producers of the Fund on the form issued by it during the period 1 January to 15 February of the following calendar year.
(2) An integral part of the subsidy application is:
(a) a copy of the accounting documents proving the relevant annual marketed production of the group of producers to which the group of producers is applying for the grant;
(b) an extract from the commercial register (5) not earlier than 3 months;
(c) communication of the amount of the financial value of the relevant annual marketed production of the producer group (Section 5 (4));
(d) a copy of the contracts concluded between a group of producers and its members on the volume, manner and amount of the payments of the relevant annual marketed production;
(e) copies of the common rules of the manufacturer group.
Common provisions
If the Fund finds that a group of producers included in the programme has given false information in the application pursuant to Article 4 or Article 5 in relation to the conditions for granting the subsidy, it shall proceed with specific legislation and European Community9).
Efficacy
This Regulation shall take effect on the 20th day following its publication.
Prime Minister:
JUDr. Gross v. r.
Minister for Agriculture:
Ing. Palas v. r.
Annex to Government Decree No 655 / 2004 Coll.
List of agricultural commodities to ensure their common sales by a group of producers
| Měrná jednotka | |
| Včelí produkty | t |
| Obiloviny | t |
| Olejniny | t |
| Brambory | t |
| Len a konopí pěstované na vlákno | t |
| Květiny a okrasné dřeviny | ks |
| Léčivé, aromatické a kořeninové rostliny | t |
| Školkařské výpěstky ovocných dřevin | ks |
| Jatečný skot | t |
| Jatečná prasata | t |
| Jatečná drůbež | t |
| Jatečné ovce a kozy | t |
| Jateční běžci | t |
1) Council Regulation (EC) No 1257 / 1999 of 17 May 1999 on support for rural development from the European Agricultural Guidance and Guarantee Fund (EAGGF) and amending and repealing certain Regulations, as amended by the Treaty of Accession. Commission Regulation (EC) No 817 / 2004 of 29 April 2004 laying down detailed rules for applying Council Regulation (EC) No 1257 / 1999 on support for rural development from the European Agricultural Guidance and Guarantee Fund (EAGGF).
2) Sections 56 and 221 of the Commercial Code.
3) Sections 76, 93, 105 and 154 of the Commercial Code.
4) Article 221 of the Commercial Code.
5) Paragraph 27a (1) of the Commercial Code.
6) Article 57 of the Commercial Code.
7) § 224 of the Commercial Code.
9) Article 72 of Commission Regulation (EC) No 817 / 2004.
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Regulation Information
| Citation | Government Decree No. 655 / 2004 Coll., laying down the conditions for the inclusion of producer groups providing for the joint disposal of selected agricultural commodities in the programme of setting up producer groups and laying down the conditions for the grant of subsidies to support their activities |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 23.12.2004 |
|---|---|
| Effective from | 12.01.2005 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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