Decree of the Government of the Czechoslovak Socialist Republic No. 81 / 1989 Coll.
Decree of the Government of the Czechoslovak Socialist Republic on the compulsory negotiation of supply-customer relations and the specification of binding outputs of the state plan for production supplies
Valid
Effective from 01.08.1989
81
GOVERNMENT REGULATION
Czechoslovak Socialist Republic
of 13 July 1989
on the compulsory discussion of supply-customer relations and the specification of binding outputs of the state plan for production supplies
The Government of the Czechoslovak Socialist Republic orders the implementation of Act No. 67 / 1989 Coll., on National Economic Planning, and Economic Code No. 109 / 1964 Coll., as amended:
Subject matter
This Regulation defines the headings of the compulsory consultation of suppliers' customer relationships and regulates the procedures for this discussion and for resolving the discrepancies that arise. It also lays down rules to specify the binding outputs of the State Plan for the supply of raw materials, materials, products, fuels, energy, performance and works (hereinafter referred to as "production ').
Negotiating supply-customer relations
(1) Socialistic organisations (hereinafter referred to as "organisations") are required, on the basis of binding outputs, to discuss, on the basis of the guidelines of the Government of the Czechoslovak Socialist Republic and of the Government of the Republics for the preparation of five-year government plans, socialist organisations and regional plans (hereinafter referred to as "the Directive"), the supply-customer relationships of production which are the subject of the proposed nominal tasks, including binding state procurement and the limits of collection, at the stage of the preparation of the five-year state plan. They are also obliged to discuss supply-customer relations in preparing the necessary changes to the state plan and its binding outputs in the context of the direction of economic development.2) The proposal for consideration is submitted by the customer.
(2) Except in the cases referred to in paragraph 1, the supplier shall, on the basis of a timely proposal submitted by the customer, discuss the supply relationship of raw materials, materials, assembly products, performance and work necessary to fulfil the proposed nominal tasks, including binding public procurement and the limits of collection, and, where appropriate, make the necessary changes to guide the development of the economy.
(3) The purpose of the mandatory consultation of supply-customer relationships is to verify whether the proposed nominal tasks, including binding public procurement and the withdrawal limits contained in the Directive, or, where appropriate, the envisaged changes to the nominal tasks, including binding public procurement and procurement limits, are realistic in terms of customer requirements and supplier sources, and whether and to what extent their imposition will undermine the economic performance of organisations operating according to the principles of complete maturity.
(4) The economic management authorities are required to familiarise the organisations along the supply and customer line with the required binding outputs of the directives within the deadline set by the Government of the Czechoslovak Socialist Republic in order to create the necessary basis for discussing the supply and customer relations. Similarly, in relation to the single agricultural cooperatives and joint ventures, the central authorities of the Republics for Agriculture and Nutrition and the relevant associations of cooperatives in relation to other cooperatives, go to the limits of collection. In relation to cooperatives which are not members of cooperative associations, the central planning bodies of the Republics shall perform this function.
(5) The term for the termination of the compulsory negotiation of supply-customer relations is set by the Government of the Czechoslovak Socialist Republic. A proposal to discuss such relations shall be submitted no later than 40 days before the deadline set for its termination.
(6) Compulsory discussion of supplier-customer relationships is terminated in the manner laid down in the legislation.4)
(1) Disputes arising from the negotiation of supply-customer relations pursuant to Article 2 (1) shall be submitted by the organisation no later than 15 days after the deadline set for the termination of the mandatory consultation of the supplier-customer relations to the authorities referred to in Article 4 (1).
(2) Disputes arising from the negotiation of supply-customer relations pursuant to Article 2 (2) shall be submitted by the customer, if he requests a solution, to his economic management body and to the economic management body of the supplier at the dates referred to in paragraph 1. Where a single agricultural cooperative or joint venture is a customer, it shall submit contradictions to the central authority for agriculture and nutrition of the Republic concerned and to the economic management of the supplier. The other cooperatives shall submit them to the authorities referred to in Article 2 (4) and to the economic management of suppliers, in the case of the sampling limits.
(3) Organisations submit discrepancies in the form of protocols for the negotiation of supplier-customer relations. The protocol shall be signed by a worker authorised under the organisation's internal rules of organisation and shall include, in particular, the subject matter of the supply and its relationship to the binding output of the state plan, the time of delivery, the extent of supply proposed by the supplier, the extent of supply requested by the customer, the extent of supply subject to the conflict, the total capacity possibilities of the supplier, the overall extent of supply already contracted with all customers and the proposal to resolve the conflict.
(1) Disputes arising between organisations in the compulsory negotiation of supply-customer relations are dealt with by the economic management body which exercises the function of founder or founder over the organisations. Similarly, the central authorities for agriculture and nutrition of the Republic shall act in relation to the single agricultural cooperatives and the joint undertakings and the authorities referred to in Article 2 (4) in relation to the other cooperatives as regards the limits of collection. Disputes between organisations within the competence of the various institutions shall be dealt with in synergy by those authorities.
(2) When dealing with a conflict, the authorities referred to in paragraph 1 shall examine the accuracy of the information contained in the Protocol and assess the justification of the opinions of the organisations in terms of the purpose of dealing with supplier-customer relations (§ 2 (3)). The organisation shall be informed of this without undue delay, but no later than 40 days after the submission of the non-compliance, if it finds that the non-compliance is unfounded. In justified cases, they shall discuss with the relevant cross-cutting central authorities (5) the necessary economic measures to eliminate the conflict.
(3) The cross-cutting central authorities shall be obliged to participate in the resolution of conflicts within their scope where the authorities referred to in paragraph 1 require their participation.
(4) If the authority or authorities referred to in paragraph 1 conclude that the resolution of the conflict necessarily requires action in a state plan, it shall submit a reasoned proposal, within the deadlines set by the Government of the Czechoslovak Socialist Republic and the Governments of the Republic, to:
(a) in cases of conflict between organisations within the competence of federal economic authorities, the State Planning Commission;
(b) in cases of conflict between organisations within the competence of the economic management bodies of the Republic to the central planning body of the Republic;
(c) in other cases simultaneously to the State Planning Commission and to the relevant Central Planning Authorities of the Republics.
(5) The State Planning Commission and, where appropriate, the Central Planning Authorities of the Republics shall discuss proposals to resolve conflicts with the petitioners and, where justified, propose their solutions in the State Plan.
Concretization of binding outputs of the state plan for production supplies
(1) The nominal task and the sampling limit for the supply of production are also the same as the provision of binding outputs of the State Plan after the supply and customer line by the competent economic management authority empowered by the Government of the Czechoslovak Socialist Republic or the Governments of the Republic6 to organisations with the requirements of the planning act. 7) Reserves shall not be created when specified.
(2) The authorities of the economic management of suppliers and customers in cooperation ensure the presentation of binding outputs of the state plan for the supply of production under the authority of the Government of the Czechoslovak Socialist Republic or the Governments of the Republic. In so doing, unless otherwise decided by the Government, this procedure and time limits shall apply.
(a) the economic management of suppliers shall specify binding outputs within 30 days of the approval of the State plan for supply organisations, broken down by economic management of customers, and shall inform the economic management of customers thereof;
(b) the economic management of customers shall, within 30 days of receipt of the information [point (a)], specify binding outputs for organisations within their competence, broken down by supplier organisation. They shall inform the supplier organisations at the same time.
(3) As in paragraphs 1 and 2, binding outputs in relation to single agricultural cooperatives and joint ventures shall be specified by the central authorities for agriculture and nutrition of the Republics and associations of cooperatives in relation to other cooperatives, members of the Union, if there are limits to the collection.
(1) The presentation of the supply reserves laid down as the binding outputs of the State Plan must be carried out by the economic management of the suppliers within the time limits set out in Article 5 and by the State Planning Commission and, where appropriate, the central planning bodies of the Republics.
(2) The State Planning Commission or the Central Planning Authorities of the Republics, where appropriate, shall, when specifying the reserves, designate customers no later than 40 days before the expiry of the ordering period for the production concerned. If, within these time limits, the supplier does not designate the customer or inform the supplier in writing of the reduction of the needs, the supplier may choose the customer of the production separately.
(1) A collector whose needs are provided for by the task or limit of collection in respect of the supply of production shall be obliged to inform the economic management authority and designated supplier immediately in writing of the reduction of the needs. At the latest, however, he shall do so:
(a) for the first year of the five-year period within 30 days of the establishment of these binding outputs of the State Plan;
(b) for subsequent years of the five-year period, by 31 January of the year concerned;
(c) within 30 days of the adjustment of these binding outputs of the State Plan in the context of the direction of economic development.
(2) The single agricultural cooperatives and joint ventures shall inform the central authority of the Republic concerned of the reduction of the needs referred to in paragraph 1; the other cooperatives of the competent cooperative association of which they are members, if it is a collection limit.
(3) The authority referred to in paragraph 1 or 2 shall, within 30 days of the written notification, designate another customer for the resources released or, by agreement, transfer them to another authority which shall designate a replacement customer within the same period.
(4) In the absence of the measure referred to in paragraph 3, the nominal task or the sampling limit shall be reduced to the extent of the notified change in the needs referred to in paragraph 1. Similarly, the nominal task or the sampling limit shall be reduced if the customer has not submitted a delivery contract (order) in time. The extent of the reduction shall be immediately communicated by the supplier to its economic management body, in the case of a single agricultural cooperative or joint venture, to the central authority for agriculture and nutrition of the Republic concerned and to other cooperatives, to the relevant cooperative association of which they are members in respect of the limits of collection.
Transitional and final provisions
(1) Where the production or other resources of the organisations under the responsibility of the various economic management bodies are involved in ensuring the binding outputs of the State Plan for the supply of production, and only the economic management of customers is designated in the State Plan, the Government of the Czechoslovak Socialist Republic or the Government of the Republic may authorise one of the economic management bodies of suppliers to specify the binding output for the supply of production for all suppliers and customers for 1990 and to prepare and specify such outputs for the period 1991 to 1995.
(2) The authorised economic management authority shall ensure:
(a) preparing supporting documents for the creation of binding outputs of the State Plan to the extent laid down by the generally binding legislation;
(b) to specify the binding outputs of the State Plan within 40 days of their approval; it shall inform the authorities of the economic management of suppliers and customers of the details made.
(3) Organisations shall provide the authorised economic management body with the necessary information for the performance of its activities to the extent provided for by the generally binding legislation.
If the competent government so provides for a specific stage of planning work, the authorised economic management authority may, on the basis of an economic contract, entrust the organisation acting on its behalf with the preparation and specification of the binding outputs of the State Plan for the supply of production for 1990 and 1991 to 1995.
The resolution of the discrepancies arising from the compulsory consultation of suppliers' customer relations under the existing regulations is governed by this Regulation. However, only production relations within the scope of binding tasks and material balances, approved for the preparation of the 1990 State Plan, as well as the supply-customer relations necessary for the performance of those tasks, shall be considered to be the subject of compulsory consultation on customer relations.
This Regulation shall enter into force on 1 August 1989.
Adamec v. r.
1) Paragraph 8 (3) of Act No. 67 / 1989 Coll., on National Economic Planning.
2) Paragraph 26 (2) of Act No. 67 / 1989 Coll.
3) Act No. 90 / 1988 Coll., on Agricultural Cooperatives.
4) Paragraph 114a (2) of the Economic Code.
5) § 22 of Act No. 67 / 1989 Coll.
6) Article 18 of Act No. 67 / 1989 Coll.
7) Paragraph 115 (1) of the Economic Code.
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Regulation Information
| Citation | Decree of the Government of the Czechoslovak Socialist Republic No. 81 / 1989 Coll., on the compulsory negotiation of supply-customer relations and the specification of binding outputs of the state plan for production supplies |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 31.07.1989 |
|---|---|
| Effective from | 01.08.1989 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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