Decree of the State Arbitration of the Czechoslovak Socialist Republic No. 99 / 1985 Coll.
Decree of the State Arbitration of the Czechoslovak Socialist Republic on the basic conditions for the supply of forest products
Valid
Effective from 01.01.1986
Zobrazeno prvních 200 z celkem 201 ustanovení tohoto předpisu.
Zobrazit celý předpis →
Pro stažení celého znění použijte tlačítko Stáhnout výše.
99
DECLARATION
State Arbitration of the Czechoslovak Socialist Republic
of 8 November 1985
on basic conditions for the supply of forest products
The State Arbitration of the Czechoslovak Socialist Republic, on the basis of proposals by the Ministry of Forestry and Water Management of the Czech Socialist Republic and the Ministry of Forestry and Water Management of the Slovak Socialist Republic, provides, pursuant to Section 392 (2) of Economic Code No. 109 / 1964 Coll., in the full version published under No. 45 / 1983 Coll. (hereinafter referred to as "the Act"):
INTRODUCTORY PROVISIONS
Subject matter and scope of the adjustment
(1) This decree regulates economic commitments in the preparation of supplies and in the supply of forest products derived from forest crops (1) by organisations which are managers, owners, users or practitioners (2) of forests ("suppliers'). The decree also applies to the supply of timber from trees growing outside of les3), 4), 5) to the extent set out in Part Four.
(2) The Decree does not apply to the supply of forest products
(a) adapted under the basic conditions of supply of agricultural products, 6)
(b) carried out in the framework of cooperation between agricultural organisations, 7)
(c) imports and exports.
Selected and other forest products
(1) Selected forest products designated by the Special Regulation8), including timber from selected trees growing outside the forest (hereinafter referred to as "selected forest products"), are authorised to purchase and supply to other customers only organisations designated by the Special Regulation (hereinafter referred to as "designated organisations." 8)
(2) Other forest products may be supplied by suppliers to all customers.
Organisations authorised to purchase and supply selected forest products
(1) The designated organisations shall be entitled to purchase selected forest products for further supply or self-consumption from other managers, owners or forest users (forest users) and from managers, owners or users of trees growing outside the forest.
(2) Forestry users may be kept under special regulations (2) for their own consumption or for consumption by mutual cooperation between agricultural organisations; (7) they must, however, be offered for purchase to the designated organisation if they do not use them.
COMMON CONDITIONS FOR THE SUPPORT OF WOODS
Economic security
When concluding, performing and controlling economic contracts, suppliers and users of forest products shall ensure that all forest products are used as economically as possible for the needs of the national economy, in particular they are required to ensure that forest primary production and further processing, consumption and, where appropriate, application of the procedure laid down by the specific rules and decisions of the competent authorities of the State Administration (1), (2), (3), (4), (5)
Delivery periods
(k § 187 of the Act)
When establishing delivery times for forest products, suppliers and customers shall take into account the technical requirements of the seasonality of their production and supply, 9) their location and the production conditions of both suppliers and customers.
Contract for the supply of products
(to Section 165 of the Act)
(1) If the time limit is not further stated, the buyer shall submit a draft contract for the supply of the products:
(a) for the first quarter of the year no later than 15 November of the previous year;
(b) for the other quarters no later than the end of February of the current year, unless otherwise agreed.
(2) In the draft contract, the buyer shall indicate in particular:
(a) the registration number of the contract and the period covered by it;
(b) the subject matter of the single classification of products in agriculture and forestry (13) and other information such as, for example, wood assortment according to technical standards, wood, quality and dimensions, as well as, where appropriate, the degree of deformation;
(c) the technical standard number relating to the subject matter of the contract,
(d) the total quantity in the technical units allocated per quarter;
(e) the delivery periods required;
(f) the destination of the delivery (e.g. plants, establishments, warehouses), with a breakdown of the quantity of products, delivery periods and mode of transport for each destination, unless otherwise agreed on any of these formalities;
(g) an indication of the price fixed or agreed, including price increases and reductions, with reference to the price decisions in force and, where applicable, the draft negotiated price,
(h) the method of invoicing and the information necessary for invoicing including the determination of which products are invoiced without turnover tax.
Delivery performance
(to Section 168 of the Act)
(1) The supply of forest products is satisfied
(a) in the case of transport by means of road by means of means of transport by delivery of the agreed products to customers
1. at the agreed warehouse of the buyer, where the supplier carries out the transport,
2. the agreed point of departure (upper forest warehouse 14) or the supplier's shipping warehouse, provided that the customer is transported;
(b) in the case of transport by sailing by surrender of the agreed products prior to flooding at the watercourse bank in the location specified in the contract;
(c) for shipping at the port specified in the contract;
(d) in other cases of transport, the provisions of Section 168 (1) of the Act shall apply.
(2) If the customer does not provide even on the basis of a call for cooperation, the supplier is entitled to supply by storing the products in accordance with Section 168 of the Act. The notice of storage shall state the reason, the date and place of storage, the type (in the case of timber, timber), the quality and quantities of products stored, the measures taken to prevent deterioration and the way in which it has indicated on the products that they are the products owned by the customer. The collector shall, within 5 working days of receipt of the notification, appear at the place of storage and verify the performance; otherwise it has been filled in quantity and quality according to the information given in the notification. The supplier shall be obliged to allow the customer to carry out a proper performance check and to provide the necessary means to do so if the customer so requests. The right to comply with the storage of products in respect of wood supplies shall not apply to the quantity which the supplier could have carried out in excess of the quantity contracted under Article 12 (3).
(3) In the event of a delay which adversely affects the capacities of both suppliers and customers, in particular in terms of transport, the organisation shall agree on time limits for dispatch as appropriate.
Closure, modification and cancellation of contracts in the event of exceptional circumstances and unforeseen damage to forests
(to paragraphs 125 and 158 of the Act)
In the event of exceptional circumstances and unforeseen damage to forests, 15) when the economic management body of the supplier sets out the necessary measures to mitigate the consequences of such damage and to eliminate them, including the use of forest products resulting from these events; 9) when the organisation changes or cancellations of economic obligations as well as the conclusion of new economic obligations under Sections 125 and 158 of the Act.
The provisions of this Part shall apply to the supply of forest products, unless otherwise specified for the supply of individual forest products in Part Three.
SPECIAL CONDITIONS FOR THE SUPPORT OF WOODS
Supplies of wood from forest crops
Quality and its control before fulfilment
(to Article 192 of the Law)
(1) The quality of wood is assessed in particular according to technical norem. 9), 16)
(2) Quality checks for Class I and Class II and Pines and Pines shall be carried out before completion in the dispatch warehouse or at an agreed point of departure or even in the forest. The supplier shall notify the customer at least 8 days before the intended dispatch of the consignment that the shipment of such timber is ready for inspection and allow him to have quality control. If the customer does not show up for inspection at this time, the supplier is entitled to complete the delivery. For quality control, the supplier is obliged to prepare the wood so that the individual pieces are accessible. The quality check shall be certified by the customer's authorised staff by their mark on the faces of each individual item as far as possible. The results of the inspection carried out by the buyer before the delivery of the high-speed wood cut-off I and II of the winter extraction class has been completed in the last 3 weeks before the expiry of the latest delivery period according to technical standards, the buyer shall be bound for a maximum period of 3 weeks.
(3) Organisations may agree in the contract on which products or timber products will not be checked before they have been met or which will be extended.
Quantity
(to Section 175 of the Act)
(1) The amount (volume) of timber shall be determined on the basis of the determination of dimensions in the manner laid down in the technical standards, 17) or by other agreed means (for example, by automated measurement or by weight and humidity, or by weight) and the agreed working procedure.
(2) The calculation of the volume of wood in play shall be made according to the individual games placed on the means of transport. Where the wood is not deposited on it in the manner laid down in the technical standard, a reasonable reduction from the volume indicated in the accompanying document agreed between the customer representative and the supplier representative shall be made when collected at the places of destination where the authorised supplier representative is permanently present. The registration of this collision is at the same time, subject to the conditions set out in Paragraph 16 (1), claims.
(3) The quantities delivered in each quarter for each destination may exceed the quantities contracted by 10%. The quantities delivered for each destination within the agreed delivery periods may be less than the quantities contracted by 5%.
Minimum dispatch quantity
(to Section 176 of the Act)
(1) The minimum shipping quantity is a whole-board rail or road shipment of the same range of timber. At the end of the shipment of timber from each of the points of departure or dispatch warehouses concerning the supply of a particular customer, the supplier may include in the whole-load consignment several types of timber or assortment where they are the subject of an economic contract with that customer. However, the supplier shall, where possible, adapt the method of loading such consignment to the customer's request.
(2) If the contracted quantity does not exceed 20 m3 in one quarter, the buyer is obliged to remove wood in the supplier's warehouse. If, even in such cases, a supplier makes a shipment at the request of the customer, the customer shall pay the cost of the shipment in accordance with the price regulations. 19)
Transport and price increases
(to paragraphs 180 and 191 of the Act)
(1) In the case of wood species for which the technical standards set a minimum length, deliveries are carried out in full length. If the customer requests the supply of timber in nominal lengths, he shall also take account of the economical use of road means of transport for the transport of timber. The supplier shall be entitled, subject to technical standards, to supply cuts in cases where the derivatives of forest roads do not allow him to supply in full length, but may not require a premium under price regulations. 19)
(2) If the customer is equipped with suitable means of mechanisation, he provides for the mechanical unloading himself. In order to allow such mechanical unloading, suppliers shall, where their loading mechanisms or conditions permit, be obliged to store timber on means of transport in the manner required by the customer. The customer pays a fixed premium for the loading method thus carried out. 19)
(3) Where no landing is carried out in accordance with paragraph 3, or where no agreement is reached on the composition of timber without settlement, the supplier shall be obliged to lodge wood from the road means of transport in the store of the customer at the complex designated by him as follows:
(a) in the case of timber transported by special vehicles by the supplier with loading of the load parallel to the longitudinal axis of the vehicle by means of a muscle or composition of the means of transport on the customer, by rolling it down to a total distance of 7 m from the means of transport, provided that the adjustment of the complex and the terrain allow it to do so without extra work and finally by rolling it into the loading area of the means of transport, provided that this allows the use of the self-gravity of the folded timber. The individual pieces shall be placed side by side and their front faces shall face with a maximum difference of ± 0,5 m;
(b) in the case of timber loaded on road vehicles of the rolling stock, by composition in addition to the means of transport up to 2 m and in games up to 2 m high Individual pieces shall be placed side by side in a direction perpendicular to the centre of the means of transport without balancing the playing so that they are accurately measurable unless another way of storage is agreed.
(4) For the purchase of road vehicles, the customer is obliged to:
(a) prepare and maintain the individual complex so that composing takes place without obstacles and time losses;
(b) ensure the operability of its mechanisation devices for mechanised unloading;
(c) ensure procurement as a condition for the composition of the supply, even where the supplier informs the customer at the place of destination of the delivery at least one hour before the end of the working time (for two-shift operations no later than 17 hours, unless otherwise assessed) that the delivery will take place for operational reasons only after the end of that working time;
(d) maintain dedicated communications in an operable state corresponding to those purposes; 20) and ensure that they are able to run in winter.
(5) In the case of transport of timber by rail, the supplier shall be obliged in accordance with the contract or, where applicable, the disposition of the customer
(a) require the rail to supply railway wagons of a type (type, series);
(b) ensure compliance with the maximum number of railway wagons sent daily from the area of one forest plant supplier to one destination [Paragraph 7 (2) (f)].
Labelling and accompanying documents
(Articles 174 and 192 of the Law)
(1) All harvested timber must be removed from the forests only after the inspection mark (21) and after the accompanying document (22) has been issued by the designated organisation. A copy of the document shall accompany the wood when it is transported.
(2) The accompanying documents are:
(a) the delivery note during transport; or
(b) approval (code list) when buying and using.
In the case of road transport, the date of departure must also be indicated in the accompanying document.
(3) The supplier shall indicate this circumstance on the accompanying document for wood which has been harvested in forest areas known to be damaged by the missiles.
Complaints
(k § 136, 194, 200 and 203 of the Act)
(1) The customer is obliged to send the complaint (or on his behalf to the relevant authorised point of collection) by registered letter to the supplier at the address of the plant which sent the wood, if any, of the claims of defects which were not evident at the time of collection, to the supplier's address, unless it is possible to establish from which plant the wood was shipped. If the customer verifies the performance with the participation of the supplier, the record of defects detected at the time of collection shall be received by a complaint, if at least a description of the defects or the manner in which they are expressed; generally also contains customer requirements. If the customer provides a credible means of proof of the identified defects by inviting the supplier, the supplier shall be obliged to appear in the case of railway consignments within 5 days, the others within 2 days of receipt of the call.
(2) If the supplier recognises the claim of wood defects to be satisfied by providing a new impeccable performance or cancelling the contract, he shall be obliged within 30 days of the receipt of the claim to ensure the removal of defective wood from the customer unless otherwise agreed with the customer.
Christmas tree supplies
Quality and quantity
(k § 152, 172, 175, 176, 180 and 191 of the Act)
(1) The draft contract is submitted by the buyer by 30 September of the current year of delivery.
(2) The quality of Christmas trees is assessed according to technical standards. 24) For Christmas trees, a quality check shall be carried out prior to completion, mutatis mutandis, in accordance with Article 11 (2). If the individual delivery of Christmas trees contains up to 5% of trees not suitable for classification by wood, height or quality, it is not defective. When requiring the delivery of Christmas trees of a certain height or quality, the supplier shall be entitled to require a fixed premium. 25)
(3) The minimum shipping quantity of Christmas trees is a whole-board rail or road shipment. The transport of supplies in less than that quantity shall be carried out by the customer.
Supply of seeds and seedlings of forest trees
Delivery of seeds from collection
(k § 133, 152, 153 and 172 of the Act)
(1) The draft economic contract for the supply of cones, fruits and seeds of forest trees (hereinafter "seeds") shall be submitted by the purchaser by 31 July at the latest.
(2) In the draft contract, the buyer shall also indicate the growing (seed) area from which the seeds will be obtained and for which they are to be used and the place of surrender and take-over.
(3) The quality of the seeds shall be assessed according to technical standards, 26) which shall also determine the method of packaging and transport of the seeds, sampling and verification of the quality of the seeds by the competent authorities. 27)
(4) The supplier also guarantees the required (declared) genetic value and origin of the seeds.
Supply of processed seeds
(k § 133, 152, 153 and 183 of the Act)
(1) The draft contract for the supply of processed seeds shall, as a general rule, be submitted by the purchaser no later than 30 November of the year preceding the delivery of the seeds.
(2) Paragraph 20 (2) to (4) applies mutatis mutandis.
(3) The processing organisation shall issue a test to the customer indicating the quality characteristics of the analysis.
(4) If the seed of Class III is obtained by processing, or after multi-annual storage, the seeds are transferred to Class III, they shall be delivered preferably for the next sowing season.
Contract for the processing and storage of seeds
(to paragraphs 353 and 356 of the Act)
(1) The draft contract for the processing and storage of seeds not purchased by the designated organisation (Section 20) is submitted by the organisation requesting the processing and storage until the end of the year preceding the processing and storage of the seeds.
(2) The draft contract shall also specify the quality class, the production area (s) from which the seeds originate, the time limit for processing the seeds, the method of storage, the period during which the seeds will be stored with the processing organisation and the time and method of taking back the seeds stored.
(3) The processing organisation is required to process the seeds separately (for example, decontamination, cleaning), store and process in such a way as to preserve their genetic value. In doing so, seeds remain in the management (ownership) of the organisation that transmitted them for processing.
(4) Paragraphs 20 (3) and 21 (3) and (4) apply mutatis mutandis.
Supply of seedlings
(k § 172 of the Act)
(1) The quality of seedlings, seedlings and wood cuttings ("seedlings") is assessed according to technical standards. 28)
(2) The initial propagation material of black, balm and white poplars, seeds and tree willows can only be supplied by research institutes of forestry, other organisations only in cooperation with and with them.
(3) Only designated organisations can supply seeds from a natural raid.
(4) Paragraph 20 (2) and (4) applies mutatis mutandis to seedlings.
SUPPLIES OF TRAINING FROM PLANTS OUT OF THE LEES
(1) Where trees growing outside the forest are required to be cut down by the authorisation of the competent authority, (3), (4), (5), (29), this permit belongs to the accompanying documents of timber obtained from those trees (§ 15).
(2) The manager, owner or user of trees growing outside the forest, [where applicable, the watercourse manager, which is responsible for felling trees and bushes on land at water together3), is obliged to send a bid to the designated organisation within 3 days of the felling of the trees (announcement of felling). If, within 14 days of receipt of the offer, the designated organisation does not inform the owner (manager) of the type and quantity of timber it purchases and then within 1 month of the purchase, its manager, owner or user may freely dispose of it, deliver it to a non-designated organisation, use it for its own consumption or conclude a contract for the production of timber and its removal by its own means.
(3) In the case of planned investment-building, reconstruction, maintenance of watercourses, melioration, reclamation, etc., organisations may agree that the selection of trees with wood available for industrial processing will be carried out by the designated organisation within a reasonable time before the trees fall; in this assessment, the organisations concerned shall agree in writing on the procedure for the classification, purchase and transport of such timber. For wood from other trees, the offer referred to in paragraph 2 shall no longer be made. All organisations are required to ensure that timber from trees growing outside the forest (e.g. in the flood area or in the protection zone under the electrodes) is cleared within the time limit and under the conditions laid down by the competent authority in its authorisation. 5)
(4) If there is no other agreement on the place where the delivery will be delivered, the place closest to the destination for the appropriate road means of transport of the designated organisation (automotive departure kit or tractor for the concentration of timber).
(5) The provisions of Sections 2 to 4, § 7 (2), § 11 (1), § 12 (1) and (2), § 15 (2) shall apply mutatis mutandis to the supply of timber from trees grown outside the forest.
PROVISIONS FINAL
Decree No. 150 / 1964 Coll. of the Ministry of Agriculture, Forestry and Water, which issues the basic conditions for the supply of raw wood and tannery, is hereby repealed.
This Decree shall take effect on 1 January 1986.
Main Arbiter of the Czechoslovak Socialist Republic:
Vanek v. r.
1) Act No. 61 / 1977 Coll., on Forests.
2) Act No. 96 / 1977 Coll., on Forestry Management and Government Administration of Forestry. Act SNR No. 100 / 1977 Coll., on Forestry Management and Government Administration of Forestry.
3) Paragraph 1 (1) of Decree No. 142 / 1980 of the Ministry of Culture of the Ministry of Culture Coll., laying down details of the protection of trees growing outside the forest, the procedure for the exceptional authorisation of their felling and the use of timber from these trees. § 1 (1) of Decree of the Ministry of Culture SSR No. 149 / 1980 Coll., laying down details on the protection of trees growing outside the forest, on the procedure for the exceptional authorisation of their felling and on the use of timber from these trees.
4) Fruit trees - Sections 29 and 30 of Act No. 61 / 1964 Coll., on the Development of Plant Production, as amended by Act No. 146 / 1971 Coll., as amended by Act No. 62 / 1964 Coll., as amended by Act No. 159 / 1971 Coll., as amended by Act No. 146 / 1971 Coll., as amended by Act No. 47 and 48 of the Ministry of Agriculture, Forestry and Water Management and the Ministry of Justice No. 62 / 1964 Coll., which are issued by implementing legislation on the Law on the Development of Plant Production, as amended by Act No. 146 / 1971 Coll., as amended by Act No. 2 and Act No. 159 / 1971 Coll., as amended by Act No. 3.
5) Břežových podpory na hordu and in the immediate vicinity of the trough - § 31 paragraph 1 of Act No. 138 / 1973 Coll., on water (Water Act) - trees and bushes on land at the water flow - § 34 paragraph 1 (b) and § 38 of Water Act. Section 11 of the Decree of the Ministry of Forestry and Water Management of the Czech Republic No. 19 / 1978 Coll., laying down the obligations of watercourses managers and adapting certain questions concerning watercourses - trees and bushes in the flood areas of § 10 (a) and § 13 (2) of the Water Act.
6) Decree of the Federal Ministry of Agriculture and Nutrition No 155 / 1988 Coll., on the basic conditions of supply of agricultural products.
7) § 3 of Act No. 90 / 1988 Coll., on Agricultural Cooperative.
8) Decree of the Ministry of Forestry and Water Management of the Czech Socialist Republic No. 101 / 1985 Coll., on the designation of selected forest products and organisations authorised to purchase them. Decree of the Ministry of Forestry and Water Management of the Slovak Socialist Republic No. 102 / 1985 Coll., on the designation of selected forest products and organisations authorised to purchase them.
9) E.g. ČSN 48 0055 - Coniferous assortment of raw wood. Technical requirements. ČSN 48 0056 - Deciduous assortment of raw wood. Technical requirements.
13) Uniform classification of agricultural and forestry products issued by the Federal Statistical Office (notified at 33 / 1976 Coll.), as amended.
14) ČSN 48 0004 - Mining of wood, names and definitions.
15) § 21 of the ČNR Act No. 96 / 1977 Coll. § 21 of the SNR Act No. 100 / 1977 Coll.
16) ČSN 48 0050 Raw wood. Basic and common provisions. ČSN 48 0051 Sorts of raw wood. Raw tribes. Clause 48 0202 Kulatina. Industrial species. The words. Clause 48 0203 Raw wood. Culatin. Sorting defects. ČSN 48 0204 Raw wood. Culatin. Measurement of defects. ČSN 48 0205 Crude wood. Culatin. Names and definitions of defects.
17) EN 48 0007 Table of the round volume by centre thickness. ČSN 48 0008 Tables of volume of cuttings according to pivot thickness. Clause 48 0009 Tables of the volume of the bark-free round according to the centre thickness measured in the bark and other technical standards referred to in § 11 (1). ČSN 48 0050 Raw wood. Basic and common provisions.
19) Price list wholesale price range 052-VC 19 / 1-1985 - Wood mining products - raw wood valid from 1.1.1985, FCU 6112 - 09 84 out of 29.3.1984.
20) ČSN 49 0071 - Storage arrangements in terms of fire safety.
21) Instructions for a comprehensive system of quality management of works and products, Bulletin of the Ministry of Forestry and Water Management of the Czech Socialist Republic No. 13 / 1980. Directive of the Ministry of Forestry and Water Management of the SSR for a comprehensive system for the management and control of the quality of works and products in the forest production of state forests and the Administration of the Tatra National Park, Rapporteur of the Ministry of Forestry and Water Management of SSR No 20 / 1981.
22) Initial registration and circulation of documents for state forests, reg. No 47 / 1967 Coll., as amended. Instructions on the primordial registration regime, Journal of Ministry of Forestry and Water ČSR No. 20 / 1983.
24) ON 48 0511 - Christmas trees.
25) Price list wholesale price range 055-VC 19 / 3 / 77 - Other forest products - valid from 1.1.1977. Dimension ČČÚ and SCÚ No 1333 / 721 / 80 on the selection quality of Christmas trees.
26) ČSN 48 1211 Forest Seedling. Tests on the quality of fruits and seeds of forest trees. CSN 48 2111 Forest Seedling. Quality of fruits and seeds of forest trees. ČSN 48 2121 Forest Seedling. Collection of fruits and seeds of forest trees.
27) In the Czech Socialist Republic - Control of Seminar Station of the Research Institute of Forestry and Hunting Jíloví- Strnadas in Uherský Hradiště. In the Slovak Socialist Republic - Control Semenárska stanica Vozvolen Institute of Forestry in Liptovský Hradek. In the Czechoslovak Socialist Republic - Central Audit and Testing Institute Agricultural - Prague.
28) ČSN 48 2211 Seeds and seedlings of forest trees. ON 48 2330 Cuts and seedlings of poplons and tree willows.
Sign in for notes, favorites and notifications
Regulation Information
| Citation | Decree of the State Arbitration of the Czechoslovak Socialist Republic No. 99 / 1985 Coll., on the Basic Conditions for the Delivery of Forest Products |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 03.12.1985 |
|---|---|
| Effective from | 01.01.1986 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
Comments 0