Government Decree No. 81 / 2001 Coll.
Government Regulation laying down the conditions and principles governing the promotion of exports of bovine animals and bovine animals produced from them
Valid
Regulation
Effective from 20.02.2001
81
GOVERNMENT REGULATION
of 7 February 2001
laying down the conditions and principles governing the export of bulls and bovine animals produced therefrom
The Government hereby orders pursuant to § 12 (1) to implement § 1 (2) (c) of Act No. 256 / 2000 Coll., on the State Agricultural Intervention Fund and amending certain other laws (Act on the State Agricultural Intervention Fund):
Preliminary provisions
(1) The State Agricultural Intervention Fund (hereinafter referred to as "the Fund"), in implementing measures for the organisation of the market in domestic beef and veal produced from domestic production, grants subsidies to natural and legal persons meeting the conditions laid down in this Regulation when exporting bulls for slaughter in the category referred to in point 1 of Annex 1 to this Regulation and beef in the categories referred to in points 2 to 5 of Annex 1 to this Regulation (hereinafter referred to as "bovine animals for slaughter").
(2) The Fund provides for:
(a) the period during which subsidised exports of bovine animals for slaughter will take place, taking into account the expected balance sheet surplus of bovine animals for slaughter on the market in the Czech Republic and the possibilities for its location on foreign markets;
(b) the maximum amount of subsidy for exports of 1 kg of each category of bovine animals for slaughter listed in Annex 1 to this Regulation, taking into account the expected difference in the price of bovine animals for slaughter on the foreign market and on the market in the Czech Republic and the budgetary possibilities of the Fund;
(c) the price to be paid by the recipient of the subsidy to the supplier at least for each kilogram of bovine animals delivered in the category referred to in point 1 of Annex 1 to this Regulation, taking into account the need to avoid a fall in the price of bovine animals for slaughter and the budgetary possibilities of the Fund;
(d) the date by which an application for a subsidy may be lodged for the export of bovine animals for slaughter (the application),
(e) the amount of the advance on the subsidy for exports of 1 kg of each category of bovine animals for slaughter listed in Annex 1 to this Regulation.
(3) The conditions referred to in paragraph 2 (b) to (f) 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 two national newspapers no later than 5 days before the date on which the application referred to in paragraph 2 (d) may be submitted.
(4) For the conversion into live weight of each category of bovine animals for slaughter listed in Annex 1 to this Regulation the coefficients set out in that Annex shall be applied.
Application for subsidy for exports of bovine animals for slaughter
(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, it shall prove that it is legally engaged in business in the territory of the Czech Republic,
(b) apply for an export subsidy of at least 250 000 kg per live weight of bovine animals for slaughter,
(c) it is settled on the date of the application due to the Fund, the Ministry of Agriculture of the Czech Republic, the Land Fund of the Czech Republic, the National Property Fund of the Czech Republic, the commitments incurred in connection with the aid granted to agriculture and the commitments due for the bovine slaughter delivered to all suppliers,
(d) is not in liquidation and no bankruptcy has been declared against his property.
(2) The model application is set out in Annex 2 to this Regulation. The applicant shall declare compliance with the conditions laid down in points (c) and (d) of paragraph 1 by a declaration of honour, a 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 bovine animals for slaughter broken down into the categories listed in Annex 1 to this Regulation, the export of which he requests a subsidy.
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 prescribed time limit;
(b) the applicant fulfils the conditions laid down in Article 2 (1);
(c) the application shall be accompanied by the necessary documents in accordance with Article 2 (2) and shall be 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) If the Fund does not reject the application for the reason referred to in paragraph 2, it shall propose to the applicant the conclusion of a subsidy contract for the export of bovine animals for slaughter (hereinafter referred to as "the contract") in the quantity indicated in the application by the applicant.
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 shall contain at least:
(a) the quantity of bovine animals for slaughter converted into live weight, broken down by category as set out in Annex 1 to this Regulation, on whose export the Fund grants a subsidy within the time limit and the amount fixed in accordance with Article 5;
(b) the undertaking of the beneficiary of the subsidy to export the quantity of bovine animals for slaughter determined in accordance with point (a) during the period laid down in Article 1 (2) (a);
(c) an undertaking by the recipient of the subsidy to pay the supplier at least the price fixed in accordance with Article 1 (2) (c) for each kilogram of bovine animals delivered in the category referred to in point 1 of Annex 1 to this Regulation not later than 30 days after the date of delivery;
(d) an undertaking by the beneficiary to repay the subsidy if it fails to comply with the terms of the contract or if it indicates false information in the application;
(e) setting the time limit by which the beneficiary of the subsidy must keep evidence showing compliance with the conditions for granting the subsidy;
(f) 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 false information being found in the application.
Subsidy
(1) The Fund shall, within 40 days of the end of each period provided for in Article 1 (2) (a), grant the subsidy to the beneficiary for each kilogram of bovine animals exported during that period, up to a maximum of the total quantity by category of bovine animals for slaughter agreed in the contract referred to in Article 4 (2) (a).
(2) The Fund establishes the amount of subsidy for each category of bovine animals for slaughter as the difference between the sum of:
(a) the prices which the recipient of the subsidy is obliged to pay at least to the supplier for each kg of bovine animals delivered in the category referred to in point 1 of Annex 1 to this Regulation;
(b) transport costs of 1 kg of bovine animals for slaughter to a destination of 30% of the price determined in accordance with Article 1 (2) (c);
(c) a reasonable profit by the recipient of the subsidy of 10% of the price determined in accordance with Article 1 (2) (d); and
(d) processing costs for the production of 1 kg of bovine animals for slaughter in the categories referred to in points 2 to 5 of Annex 1 to this Regulation of 10% of the price determined in accordance with Article 1 (2) (c)
and the export price of each category of bovine animals for slaughter evaluated on the basis of customs statistics and uniform customs declarations, but not more than the amount fixed in accordance with § 1 (2) (b).
(3) If the recipient of the subsidy provides proof that the bovine animals for slaughter have been exported, the Fund shall, within 21 days of the date of submission of that document, grant an advance on the subsidy of the amount fixed in accordance with Article 1 (2) (e).
(4) The Fund will not grant a subsidy for the export of bovine animals for slaughter to the Slovak Republic.
Efficacy
This Regulation shall enter into force on the day of its publication.
Prime Minister:
Ing. Zeman v. r.
Minister for Agriculture:
Ing. Fencl v. r.
Příloha č. 1
Annex No. 1 to Government Decree No. 81 / 2001 Coll.
Category of bovine animals for which the Fund may grant export subsidies and conversion factors to live weight
1. Cattle bulls with an average buying-in weight of not less than 480 kg, converted into live weight by coefficient 1
2. Compensated beef quarters of bulls chilled to live weight by a coefficient of 1,92
3. Compensated beef quarters of bulls frozen to live weight by a coefficient of 1,96
4. Meat of bovine animals, boneless, chilled, converted into live weight by a coefficient of 2,56.
5. Meat of bovine animals, boneless, frozen, converted into live weight by a coefficient of 2,60.
Příloha č. 2
Annex No. 2 to Government Decree No. 81 / 2001 Coll.
Model
Applications for subsidy for exports of bovine animals for slaughter
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Regulation Information
| Citation | Government Decree No. 81 / 2001 Coll., laying down the conditions and principles for the promotion of exports of bovine animals and bovine animals produced thereunder |
|---|---|
| Regulation Type | Regulation |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 20.02.2001 |
|---|---|
| Effective from | 20.02.2001 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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