Decree of the Ministry of Finance of the Czech Socialist Republic No. 75 / 1985 Coll.
Decree of the Ministry of Finance of the Czech Socialist Republic laying down the scope and conditions of statutory insurance of socialist agricultural organisations operated by the Czech State Insurance Agency
Valid
Effective from 01.01.1986
Zobrazeno prvních 200 z celkem 269 ustanovení tohoto předpisu.
Zobrazit celý předpis →
Pro stažení celého znění použijte tlačítko Stáhnout výše.
75
DECLARATION
Ministry of Finance of the Czech Socialist Republic
of 26 August 1985
determining the scope and conditions of statutory insurance of socialist agricultural organisations operated by the Czech State Insurance Agency
The Ministry of Finance of the Czech Socialist Republic provides in agreement with the Ministry of Agriculture and Nutrition of the Czech Socialist Republic pursuant to Sections 9 and 10 of Act No. 82 / 1966 Coll., on Insurance, as amended by Act No. 162 / 1968 Coll.:
SCOPE OF LEGAL INSURANCE
The legal insurance of socialist agricultural organisations (hereinafter referred to as "insurance ') is, to the extent and under the conditions laid down below, insured with the Czech State Insurance Corporation (hereinafter referred to as" the Insurance Company'), state goods, single agricultural cooperatives, school goods, school farms, school fisheries and other state economic and cooperative organisations whose main economic activity is the production, breeding, breeding, breeding, 1) breeding, as well as their organisational units, which may act in economic relations by their names2) (hereinafter referred to as "the Agricultural Organisation '), which are located in the territory of the Czech Socialist Republic.
The insurance covers the property of agricultural organisations referred to in § 1 which, for the purposes of this decree, refer to cases (§ 5 to 7) which the agricultural organisation:
(a) it has management or ownership;
(b) it is permanently used;
(c) uses the right of use to ensure production, 3)
(d) use, in accordance with a written temporary use agreement, and which are not otherwise insured, provided that, under that agreement, the goods in use are obliged to repair or acquire new goods or provide compensation for them.
Insurance concerns insurance events occurring in the territory of the Czechoslovak Socialist Republic.
Insurance includes:
(a) insurance in the event of damage to or destruction of a thing by a natural event (hereinafter referred to as "natural insurance");
(b) insurance against the death, killing or necessary slaughter of livestock (hereinafter referred to as "livestock insurance");
(c) insurance in case of reduction of the insured yield of the harvest of the products (hereinafter referred to as "crop insurance").
Life insurance
(1) Life insurance covers damage or destruction
(a) buildings and building 4) including unfinished buildings (hereinafter referred to as "buildings"), with the exception of hydromeliorations, dams and objects on flows, tanks on flows, flow and channel adjustments and unfinished buildings of such buildings;
(b) stocks from the agricultural organisation's own production;
(c) machinery, other equipment and other dead inventory, stocks not produced by the agricultural organisation as well as money ("movable goods");
(d) livestock and other animals, 1)
which occurred
1st fire,
2. explosion,
3. Lightning,
4. by storm,
5. floods or floods,
6. hail,
7. landslide, rock or earth collapse, if not industrial or construction economic activity, or in connection with it,
8. slide down or fall down the avalanches,
9. the fall of trees, masts and other objects, if they are not part of the damaged insured item,
10. earthquakes reaching at least level 6 of the international scale indicating the macroseismic effects of earthquakes (MCS).
(2) Life insurance also covers damage or destruction of buildings by snow or frost.
(3) Furthermore, life insurance covers damage, destruction, theft or loss of the items referred to in paragraph 1, if it has occurred in direct connection with the events listed therein.
Insurance against livestock
(1) The insurance of livestock kept by the agricultural organisation shall cover the death of those animals, the slaughter ordered by the veterinarian in accordance with the rules on veterinary care (5) (hereinafter referred to as "the veterinarian") or the competent authority of the national committee and the necessary slaughter which took place on the grounds of:
(a) disease by disease or suspicion of a disease which, for the purposes of this insurance, means a very dangerous or dangerous disease, (1) an infectious or parasitic disease, if any, which is manifested in a similar manner to a very dangerous or dangerous disease, decided by the Federal Ministry of Agriculture and Nutrition in agreement with the Ministries of Agriculture and Nutrition of the Republicans;
(b) other mass diseases of infectious or parasitic origin during the period of its duration and at the latest by the end of the period provided for in a recovery plan or by other measures of the competent authority for its disposal;
(c) a mass disease caused by a harmful health substance, unless it has been caused by a feed whose health impairment was sensory detectable immediately before the first administration, or by a conscious administration of feed intended for another species or category of animal,
(d) a sharp surge of a functionally developed bacher, which has been affected by cattle, sheep and goats in bulk, if it has caused an excessive bacterial and enzymatic activity;
(e) electrocution of the farm animal;
(f) interruption of supply of electricity not caused by workers or members of an agricultural organisation;
(g) damage to the livestock directly caused by:
1. with ordered immunisation against diseases, with diagnostic operations, deworming, dampening reproductive disorders, castration and insemination in healthy economic animals by professionals authorised to perform such operations,
2. with final disinfectant, disinsecting or exterminating.
(2) Insurance also covers:
(a) the slaughter or culling of an livestock animal with disease, suspected of being infected or infected with disease, as well as the slaughter or killing of a healthy farm animal, provided that it has been ordered by one of the authorities referred to in paragraph 1 in order to prevent the spread of the disease;
(b) the slaughter of a cow in the event of the complete destruction of animals in breeding affected by contagious mammary inflammation carried out in accordance with an approved recovery plan;
(c) to slaughter a cow due to disease by infectious mammary gland inflammation, which has been demonstrated by laboratory examination if the positive laboratory finding is not over one year of age.
(3) The insurance of livestock also applies to those affected by the fact that:
(a) the livestock has been wiped out after one third of the period of pregnancy on the grounds referred to in paragraph 1 (a);
(b) a breeding or breeding farm animal has permanently lost its ability to produce breeding or breeding offspring for disease, suspected of being infected or infected with the disease or for an ordered closure in the control of the disease, or has been removed from breeding.
(4) The insurance of livestock also covers death, death ordered by the veterinarian and the necessary slaughter due to other diseases, injuries, surgery, birth or abortion
(a) cows and heifers over 6 months of age;
(b) breeding boars, breeding sows and breeding pigs with the resulting class, 6)
(c) breeding rams, breeding ewes and other breeding sheep with the resulting class. 7)
Crop insurance
Crop insurance covers the reduction of the insured yield of the harvest of products belonging to the single agricultural and forestry product classification (8)
(a) cereals and leguminous vegetables,
(b) cophanins,
(c) oil and fibre plants;
(d) forage plants, including the temples of sugar beet, fodder beet and chicory and copanin mockery (hereinafter "fodder");
(e) fresh vegetables;
(f) medicinal, aromatic and root plants;
(g) hops,
(h) tobacco;
(i) vines and their seedlings;
(j) fruit;
which has occurred as a result of destruction or reduction of quantities and in the case of stalks of flax and hemp, in the case of fresh vegetables, hops, tobacco, vines and fruit, and also as a result of deterioration in the quality of the crop caused by any event affecting the crop during the period from sowing or planting (for multiannual crops from the end of the harvest of the previous year) until the end of the harvest of the year concerned; the end of the harvest is the surrender of the harvest to the customer (hereinafter referred to as "implementation ') or the placing on the store.
(1) The insured yield of the harvest of the product is the product of the average of the yield per hectare of the product, the average of the prices and the area area of the product in the year in question actually sown or planted (where vines and fruit trees are actually produced in the year in question);
(a) the average of the yield per hectare of the product is the average of the three highest yield per hectare of the product achieved by the agricultural organisation in the last five years from the areas actually harvested, but not more than the yield per hectare planned for the year in question; for a product which has not been grown for at least three years by an agricultural organisation in the last five years, its planned yield shall be based on its planned yield per hectare and, if the agricultural organisation has not planned the product in that year, its yield shall be determined on the basis of the yield per hectare planned by another agricultural organisation with similar production conditions; for ergot, maize and vegetable seeds, grapevine seedlings and hops, the planned yield shall be based up to the amount supported by the economic supply contracts for the year concerned;
(b) average prices shall mean the average of the prices of the product referred to in the implementing economic plan of the agricultural organisation for the year in question, determined by the agricultural organisation in the range of the buying prices in force (9), taking into account the production conditions and the price reached at least once in the last five years; where the agricultural organisation has not implemented the product in the last five years, its price shall be determined from the average of the prices obtained by another agricultural organisation with similar production conditions (hereinafter referred to as the "planned price '); the green fodder material is based on a uniform price, but not more than 150 CZK per tonne; the unplanned product is based on a standing settlement price; 10) If the buying-in price is not declared for a particular product, the fixed settlement price shall be used instead and the amount fixed for this purpose by the Ministry of Agriculture and Nutrition of the Czech Socialist Republic.
(2) The insured harvest of each group of products referred to in § 7 (a) to (j) is the sum of the insured harvest of the products belonging to that group (hereinafter referred to as "the insured yield of the group").
(3) The reduction of the insured yield of the harvest of the products (Section 7) means the difference between the insured yield of the group (paragraph 2) and that actually achieved (paragraph 6).
(4) The actual yield of the harvest of the product is the product of the quantity harvested in the year in question and the planned prices. In the case of a replacement product grown for a product destroyed, the quantity obtained by the agricultural organisation on average from all its sown or planted areas in the year concerned shall be based on that type; where the agri-technical principles and objective conditions allow the production of an equivalent product as a substitute, the quantity actually obtained for that equivalent product shall be based on the quantity actually obtained. For flax and hemp straw, fresh vegetables, hops, tobacco, grapes and fruit, the planned price shall apply only if the quantity harvested has not been completed by the end of the year concerned, or if it has been sold to citizens or other than for the purchase of the product to the approved organisation; 11) However, for quantities already implemented, the average of the prices actually achieved by the agricultural organisation in implementation is based on the average.
(5) The actual yield of the replacement product shall be reduced by the costs incurred in its cultivation from sowing or planting and from harvesting.
(6) The actual yield of each group of products referred to in Article 7 (a) to (j) is the sum of the actual yield of the harvest of the products belonging to that group achieved by the agricultural organisation at the time of the end of the harvest of the whole group; for oilseeds and fibre plants, for fresh vegetables, hops, tobacco, grapes and for fruit at the end of the year concerned at the latest. The actual yield of the replacement product shall be included in the group where the original product belonged.
(7) The price is the price in force at the time when the supporting documents for the calculation of premiums are collected from the relevant agricultural organisation, including any price supplements.
Crop insurance does not apply to:
(a) a reduction in yield caused by incorrect cultivation, treatment, harvesting or other organisation's activities;
(b) fruit in respect of which the yield determined in accordance with Article 8 (2) has not reached at least 300 000 CZK;
(c) fruit trees, flowers and ornamental trees, plants for basketware and similar purposes, strawberry seedlings, vine propagating material excluding seedlings, grain straw, leguminous plants, and oil plants and empty macaques.
INSURANCE
Documentation for the determination of premiums
(1) The basis for determining premiums is:
(a) for buildings, their purchase price, 12)
(b) in the case of own-production stocks, their value expressed in fixed settlement prices;
(c) in the case of livestock, the value of the gross livestock production planned for the year in question and, in the case of breeding animals reared for semen collection, plus the sum of their values as indicated in the herd book on 1 January of the year in question,
(d) for each product, the average yield per hectare of the product's harvest [Paragraph 8 (1) (a)] from the area planned for the year concerned, expressed in the planned price;
(e) for other movable goods, their cost.
(2) The purchase price of buildings [paragraph 1 (a)], the quantity of stocks from the agricultural organisation's own production [paragraph 1 (b)] and the purchase price of other movable goods [paragraph 1 (e)] are collected from the accounts of the agricultural organisation according to the condition of 1 January of the year for which the premium is determined. The planned value of gross livestock production [paragraph 1 (c)] and the planned quantity of harvest of each product [paragraph 1 (d)] shall be collected from the farm organisation's implementation plan for the year in question. The area actually sown or planted and the yield of the product achieved (Section 8 (1)) shall be collected from the farm report.
Rates of premiums
The insurance premiums per calendar year shall be the price or value determined in accordance with Paragraph 10 of every 100 CZK.
| Kčs | |||
|---|---|---|---|
| a) za stavby | 0,07 | ||
| b) za zásoby a ostatní movité věci | 0,06 | ||
| c) za hospodářská zvířata | |||
| 1. skot | 3,20 | ||
| 2. prasata | 1,40 | ||
| 3. hrabavá a vodní drůbež | 1,50 | ||
| 4. ryby | 2,70 | ||
| 5. jednokopytníci, ovce, kozy, kožešinová zvířata, králíci a včely | 1,60 | ||
| d) za produkty | |||
| 1. obilniny a luskoviny | 5,15 | ||
| 2. okopaniny | 11,80 | ||
| 3. olejnaté a přadné rostliny | |||
| – len, konopí | 17,20 | ||
| – ostatní olejnaté rostliny | 14,30 | ||
| 4. pícniny | 5,60 | ||
| 5. čerstvá zelenina | |||
| – rajčata, okurky, paprika zeleninová, květák, melouny | 17,00 | ||
| – ostatní čerstvá zelenina včetně zeleniny pěstované ve sklenících, fóliovnících a pařeništích | 13,30 | ||
| 6. léčivé, aromatické a kořeninové rostliny | 13,20 | ||
| 7. chmel | 12,90 | ||
| – sadba chmele | 6,50 | ||
| 8. tabák | 14,40 | ||
| 9. vinná réva a její sazenice | 19,40 | ||
| 10. ovoce | |||
| – meruňky, mandle, ořechy, kaštany jedlé | 16,10 | ||
| – jablka, hrušky, ostatní jádrovité a peckovité ovoce | 15,00 | ||
| – jahody, angrešt, rybíz a ostatní bobulovité ovoce | 12,80. | ||
Calculation and payment of premiums
(1) The insurance undertaking shall calculate the premium each calendar year; it shall communicate the amount to the agricultural organisation by 31 May of the year concerned at the latest.
(2) For an agricultural organisation established during the year, the premium shall be calculated for the period from its origin to the end of the calendar year on the basis of the supporting documents for the determination of the premiums on the date of the establishment of the agricultural organisation.
(3) The premium shall be payable in three instalments, 10% by 31 May, 30% by 31 August and 60% by 30 November of the year concerned.
(4) The insurance undertaking shall have the right to insurance premiums for the period from insurance to its demise. However, if the insurance has been destroyed by the destruction of the insured item or if otherwise the possibility of the occurrence of the insurance event has lapsed, the insurance undertaking shall be insured until the end of the calendar year in which the loss occurred.
(5) Where the agricultural organisation is late in paying the premium, it shall pay the insurance undertaking a late payment of 0,05% of the amount due for each day of delay, starting on the 10th day after the due date of the premium; the delay fee of less than 100 CZK and interest on later13) is not paid.
(1) For the favourable course of livestock insurance, the insurance company shall grant the agricultural organisation a discount on insurance premiums, namely:
(a) 40% if the performance paid in the last two calendar years does not exceed 10% of the premiums for those years;
(b) 25% if the performance paid in the last two calendar years does not exceed 20% of the premiums for those years;
(c) at a rate of 10%, provided that the performance paid over the last two calendar years does not exceed 30% of the premiums for those years.
(2) For the favourable course of crop insurance, the insurance company will grant the agricultural organisation a discount on insurance premiums, namely:
(a) at a rate of 30% if the performance paid in the calendar year does not exceed 5% of the premiums fixed for that year;
(b) at a rate of 20% if the performance paid in the calendar year does not exceed 10% of the premiums fixed for that year;
(c) at a rate of 10% if the performance paid in the calendar year does not exceed 20% of the premiums fixed for that year.
(3) The discount referred to in paragraphs 1 and 2 is calculated on the premiums fixed for the previous year. It shall be granted on premiums fixed for the following calendar year and shall be deducted from that premium on a one-off basis. After deduction of the discount, the premium shall be paid in the instalments provided for in Section 12 (3).
IMPLEMENTATION OF INSURANCE
_
(1) The right to the performance of an agricultural organisation shall be established if the fact referred to in paragraphs 5 to 9 with which the insurance undertaking's obligation to comply (hereinafter referred to as the "insurance event") is met and if the following conditions are met.
(2) The condition for exercising the right to benefit from livestock insurance is that the agricultural organisation:
(a) has submitted to the insurance undertaking a certificate of acceptance issued by the veterinarian or, where appropriate, the destruction of the body of the animal which died or was killed as a result of an accident;
(b) require the professional treatment of the farm animal to which the performance relates, if it is to be treated in such a way in accordance with veterinary legislation,
(c) submit a certificate issued by the veterinarian to the insurance undertaking on the basis of the results of the available investigation methods or epidemiological investigations, provided that the insurance event has not occurred as a result of the electrocution of the economic animal.
(3) The condition for exercising the right to benefit from crop insurance is that the agricultural organisation:
(a) notify the insurance undertaking in writing of the circumstances which occurred at the time referred to in paragraph 7 if they could have an impact on the reduction of the insured yield, including the consequences of the activities of another organisation;
(b) notify the insurance undertaking, no later than three days in advance, of the product which has been destroyed or damaged in such a way that it has to be wholly or partly planted;
(c) have carried out new sowing, sowing, planting or disposal, if the product has been damaged or destroyed while the agri-technical principles and objective conditions have allowed it;
(d) prove to the insurance undertaking that it has carried out the measures imposed on it under the plant protection rules on the land where the products are grown and that it has completed the harvest in accordance with the agri-technical principles.
(4) Except where otherwise provided, the insurance undertaking shall not be obliged to pay from the insurance of the livestock and the insurance of the livestock, provided that the benefits to which the agricultural organisation has been entitled from the same insurance event do not exceed the amount of CZK 1000.
HIGH IMPLEMENTATION OF INSURANCE
Construction
If the insurance event or in direct connection with it has been damaged or destroyed, the insurance undertaking shall pay an amount corresponding to the reasonable cost of repairing or resetting such buildings reduced by the degree of wear or other deterioration from before the insurance event. The insurance company shall deduct from the amount thus determined the price of the residues of damaged or destroyed buildings.
Stocks from agricultural organisation's own production
(1) If stocks of products from the agricultural organisation's own harvest have been damaged or destroyed by an insurance claim, the insurance undertaking shall pay an amount corresponding to the price of the quantity by which stocks have decreased.
(2) The price referred to in paragraph 1 shall be that shown in the accounts of the agricultural organisation.
(3) Where stocks of goods other than those produced by the agricultural organisation itself have been damaged or destroyed by an insurance claim, the insurance undertaking will pay the cost of repairing the damaged goods and, where appropriate, the purchase of new goods, but not more than the amount of the costs to be incurred for the production of those goods. If the cost of production exceeds the price at which the agricultural organisation would sell these items, the insurance undertaking shall provide the performance only up to that price.
(4) The insurance undertaking shall deduct from the amount determined in accordance with paragraphs 1 to 3 the price of the residues and the amount determined in accordance with paragraph 1 the amount by which the costs of treatment and further processing have been reduced which would otherwise have to be incurred.
(5) According to paragraphs 1 to 4, an insurance undertaking shall also be obliged to comply if the matter from its own production has been damaged, destroyed, lost or stolen in direct connection with the insurance event.
Common goods
(1) If a movable item has been damaged by an insurance event, the insurance undertaking is obliged to pay the amount needed to correct it up to the amount corresponding to the price it had immediately before the insurance event.
(2) If the case has been damaged in such a way that it cannot be corrected in the previous situation or if it has been destroyed, the insurance undertaking is obliged to pay an amount equal to the price it had immediately before the insurance event.
(3) The price the case had immediately before the insurance event (paragraphs 1 and 2) shall be determined by deducting from the purchase price of a new item of the same type and of the same quality or comparable item the amount of wear or other deterioration of the insured item from the period before the insurance event.
(4) The insurance undertaking shall deduct the price of the remainder of the item from the amount determined in accordance with the preceding paragraphs.
(5) According to the previous paragraphs, the insurance undertaking is also obliged to comply if the movable item has been damaged, destroyed, lost or stolen directly from the insurance event.
In the case of an insurance claim, the insurance undertaking shall be required to comply with the following requirements:
(a) if they were deposited in a fire-resistant treasury;
(b) in other cases, up to 100 000 CZK.
Farm and other animals
(1) Where an insurance event has been affected by an economic or other animal, the insurance undertaking is required to pay an amount determined according to its quality on the date on which it was first examined by the veterinarian on account of the occurrence of the insurance event and the corresponding price recorded on average on that date on the basis of its sale. The performance shall not exceed the specified prices of each animal species, which are the basic buying-in prices for slaughter animals without any additional premium, for other livestock and other animals, the basic buying-in prices and the supplements thereto.
(2) If the livestock is not killed because of the reason referred to in Article 6 (4), the insurance undertaking is obliged to pay only 90% of the amount determined in accordance with paragraph 1.
(3) The performance of an insurance undertaking shall be reduced by the proceeds resulting from the sale of an animal affected by an insurance event or by the sale of its usable parts, or by the amount to which the agricultural organisation has been entitled from the responsibility of another animal for defects.
(4) Where a breeding or rearing farm animal has permanently lost its ability to produce breeding or breeding offspring or has been withdrawn from breeding, the insurance undertaking shall pay an amount corresponding to the difference between the price it had before the insurance event and the price it had after the loss of the breeding or breeding value.
(5) The insurance undertaking shall also be required to comply with the insurance scheme referred to in paragraphs 1 and 3 if the animal has been damaged, destroyed, lost or stolen in direct connection with the insurance event.
(6) The insurance undertaking shall be obliged to pay up to a maximum of CZK 5000 per animal if the right to benefit from insurance other than an economic animal is established.
(1) For livestock insurance, the insurance undertaking shall also bear the costs incurred as a result of an insurance claim where they have been linked to:
(a) with veterinary treatment provided by the veterinarian and the necessary slaughter of the affected economic animal;
(b) with an ordered disinfecting of the premises where affected or endangered livestock are kept.
(2) The insurance undertaking shall not bear the costs referred to in paragraph 1 if it has a different obligation.
Where an agricultural organisation has acquired the right to benefit from an insurance claim which has been affected by an economic or other animal, the insurance undertaking shall pay only 90% of the amount determined in accordance with paragraphs 19 and 20.
The insurance undertaking shall be entitled to reduce the performance determined in accordance with § 19 to 21 by up to 60% if the insurance event or the extent of its consequences has been increased by the non-professional intervention of the worker or member of the agricultural organisation or because
(a) infringes the obligations arising from an approved recovery plan for the control of an infection or other mass disease of infectious or parasitic origin;
(b) without the consent of the competent authorities, or without professional veterinary control, used medicated or antibiotic feed products, vitamin and mineral ingredients, substances affecting the physiological function and performance of the livestock, or other unusual or newly developed feed or compound feed, as well as feed technologies,
(c) have used a breeder who has not been recognised for breeding by the selection board of the competent Ministry of Agriculture and Nutrition or has used semen not complying with the applicable technical standard for artificial insemination;
(d) it has not requested in due time professional veterinary treatment.
Harvesting of products
(1) If a crop insurance claim occurs, the basis for determining the amount of performance of the reduction in the insured yield of the products (Section 8 (3)).
(2) The insurance undertaking shall deduct from the amount fixed in accordance with paragraph 1 the normal costs of the treatment and the harvest which no longer need to be incurred because the harvest or part of the harvest for which the insurance undertaking is responsible has been destroyed.
(3) From the reduced yield of each group's harvest calculated in accordance with paragraphs 1 and 2, the insurance undertaking shall be obliged to pay 80%.
(4) The insurance undertaking is required for the cooperation of the agricultural organisation to determine the nature of the causes and extent of the destruction or reduction of the insured yield of the harvest of individual products, to calculate the reduction of the insured yield so as not to include the consequences of activities not covered by crop insurance (§ 9) and, in the cases in question, to request a professional assessment and, where appropriate, the opinion of the competent authority of the state economic management of agriculture.
Paragraph 23 (1) and (2) shall not apply to cases where pregrown seedlings have been destroyed and damaged or destroyed before being replanted in a designated place; In that case, the insurance undertaking shall be obliged to pay up to the costs already incurred for growing seedlings, but not more than the price at which new seedlings may be bought.
Specific cases of compliance
Sign in for notes, favorites and notifications
Regulation Information
| Citation | Decree of the Ministry of Finance of the Czech Socialist Republic No. 75 / 1985 Coll., determining the scope and conditions of statutory insurance of socialist agricultural organisations operated by the Czech State Insurance Company |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 27.09.1985 |
|---|---|
| Effective from | 01.01.1986 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
Comments 0