101 OF 1993
Official Journal No. 41.149 of 23 December 1993.
General Law on Agricultural and Fisheries Development
ARTICLE 1o. PURPOSE OF THIS LAW. This law develops articles 64, 65 and 66 National Constitution. In this virtue it is based on the following purposes which must be considered in the interpretation of its provisions, with a view to protecting the development of agricultural and fishing activities, and to promote the improvement of income and quality of life for rural producers:
1. To give special protection to food production.
2. To adapt the agricultural and livestock sector to the internationalization of the economy, on the basis of equity, reciprocity and national convenience.
3. Promote the development of the national agri-food system.
4. To increase the efficiency and competitiveness of agricultural, livestock and fishery products through the creation of special conditions.
5. To promote the modernization of agricultural and fisheries marketing.
6. To seek the supply of a sufficient volume of credit resources for the development of agricultural and livestock activities, under appropriate financial conditions for crop and price cycles, as well as for the risks that gravitate to rural production.
7. Create the foundations of a system of incentives for rural capitalization and the protection of natural resources.
8. Promote the technological development of agriculture, as well as the provision of technical assistance to small producers, in accordance with the processes of decentralization and participation.
9. To determine the operating conditions of the parafiscal contributions and contributions for the agricultural and fisheries sector.
10. Establish the Agricultural and Fisheries Product Price Stabilization Funds.
11. To extend and strengthen social policy in the rural sector.
12. Strengthen the peasant family allowance.
13. To ensure the stability and clarity of agricultural and fisheries policies in a long-term perspective.
14. To encourage the participation of agricultural and livestock producers, directly or through their representative organizations, in the decisions of the State that affect them.
PARAGRAFO. For the purposes of this Law, forest exploitation and commercial reforestation are considered essentially agricultural activities.
INTERNATIONALIZATION AND PROTECTION OF THE AGRICULTURAL AND LIVESTOCK SECTOR
ARTICLE 2o. LIBERATION OF AGRICULTURAL AND FISHERIES TRADE. The National Government may, by means of treaties or conventions that will be submitted to the approval of the Congress, be obligated on the basis of equity, equality, reciprocity and national convenience, to the gradual and selective release of agricultural, livestock and fishery goods, their inputs and derived products.
PARAGRAFO. If in the Multilateral, Subregional or Bilateral Treaties, concessions are allowed to be developed in the agricultural sector as a result of further negotiations or as a development of activities carried out by Community bodies or Regional, such concessions shall be subject to the concept of the National Agricultural Commission referred to in Chapter XII of this Law.
ARTICLE 3o. SPECIAL PROTECTION OF THE STATE TO THE PRODUCTION OF FOOD. Except for the forecasts referred to in the article above, the National Government will establish tariff rates, tariff mechanisms or systems In order to ensure that the importation of agricultural and fishery goods guarantees the proper protection of national production.
ARTICLE 4. TAXES APPLICABLE TO UNFAIR COMPETITION. The regular quantifiable subsidies, through which other countries stimulate the production and export of products of agricultural and livestock origin, and which are translated into unfair competition for domestic products, they must be neutralised by means of mechanisms such as countervailing duties, minimum value for customs, reference prices or tariff restrictions. Similarly, reductions in production costs resulting from non-accession of other countries to international conventions related to working conditions, as well as other artificial cost reductions, should be taken into account. prices, including "dumping." These compensatory measures shall be applied in accordance with the procedures laid down in the existing international conventions.
ARTICLE 5o. SAFEGUARD REGIME. The National Government shall impose safeguard measures where the national production of agricultural or fishery goods is affected by injury or where there is a threat of injury due to a significant increase in the production of agricultural or fishery products. imports or a substantial fall in international prices. The request for the imposition of such a measure may be submitted by representatives of domestic production.
The Higher Foreign Trade Council will decide on cases where this safeguard should be applied.
PRIORITY FOR RURAL ACTIVITIES
ARTICLE 6o. Under the development of Article 65 of the Political Constitution, the National Government will give priority to the integral development of the activities agricultural, livestock, fisheries, forestry and agro-industrial products, and their marketing. For this purpose, the regulations on prices, and production costs, tax system, credit system, public investment in physical and social infrastructure, and other policies related to economic activity in general, should adjust to the purpose of preferentially securing rural development.
ARTICLE 7o. When circumstances linked to the protection of natural resources oriented to agricultural production, the protection of rural income and the maintenance of social peace in agriculture meriten, the government may grant, in a selective and temporary way, incentives and direct support to agricultural and fishery producers, in direct relation to the productive area or its production volumes.
PARAGRAFO. The National Agricultural Commission created by this law, will issue a concept regarding the areas of application, products and amounts of the incentives and support provided for in this article.
ARTICLE 8o. The Energy Regulatory Commission will establish preferential electricity subsidies for producers in the agricultural and livestock sector.
ARTICLE 9o. When municipal rules on land use do not permit the use of different agricultural crops, the castral avalums will not be able to take into account any consideration other than the production capacity and profitability of the premises, as well as their improvements, thus excluding recovery factors such as the influence of industrial or tourist development, urban expansion and other similar factors.
PARAGRAFO. For the annual adjustment of the castral avalums of the rural areas dedicated to agricultural activities within the minimum and maximum percentages provided for in Article 8. of Law 44 of 1990, the Government must apply the price index to the agricultural producer when its annual percentage increase is lower than that of the consumer price index.
ARTICLE 10. Add article 8o. of Law 44 of 1990 with the following paragraph:
" Paragraph. In the case of rural areas, the concept of the National Council for Economic and Social Policy (CONPES), on the annual adjustment of the castral avalums, must be preceded by the Ministry of Agriculture's concept of the existence of the circumstances referred to in Article 10 of this Law, if they were presented ".
ARTICLE 11. Of the resources that correspond to the nation from the exploitation of non-renewable natural resources, the government will prioritize sufficient resources for the reactivation and the sustainable development of the agricultural and fisheries sector.
CREDIT PROVISION FOR AGRICULTURE AND FISHERIES
ARTICLE 12. Under the development of Article 66 of the Political Constitution and in accordance with the provisions of this Law, the State shall subsidize the credit For small producers, it will encourage credit for rural capitalization and guarantee the adequate availability of credit resources for the agricultural sector.
ARTICLE 13. OPERATIONS IN CHARGE OF THE FUND FOR THE FINANCING OF THE AGRICULTURAL SECTOR. In addition to the purposes stipulated in Article 26 of Law 16 of 1990, the National Agricultural Credit Commission will establish discount lines, which are endowed with the sufficient resources and under appropriate financial conditions, in order to enable credit institutions to grant loans in national and foreign currency for the following purposes:
1. Land acquisition.
2. Purchase of machinery, equipment and other capital goods necessary for the development of agricultural and livestock activities.
3. Storage, marketing and primary processing of crops and livestock and fishery products by producers.
4. Increase of cattle herd, retention of females and adaptation of farms.
5. Construction and operation of cold storage systems.
6. Development of fisheries and aquaculture.
8. Adequacy of Lands.
9. Production of seeds and plant materials.
10. Organization and operation of agricultural and fishing cooperatives.
11. Financing of the Agricultural and Fisheries Product Price Stabilization Funds, within the limits established by the National Government.
12. Financing of the marketing through bags of legally constituted agricultural products.
PARAGRAFO 1o. Prior to the favorable concept of the National Agricultural Credit Commission, the Agricultural and Fishery Product Price Stabilization Funds, on which Chapter VI of this Law deals, may obtain direct financing from FINAGRO, provided that they support the corresponding credit obligations by means of guarantee or guarantee issued in favour of FINAGRO by financial institutions authorised for that purpose by the Superintendence Bank.
PARAGRAFO 2o. When the National Agricultural Credit Commission determines the occurrence of a critical economic situation, as indicated by Law 34 of 1993 FINAGRO will be able to rediscount credits granted by the financial intermediaries at the destination of which:
-The refinancing of loans originally granted with own resources of financial intermediaries, and/or
-The cancellation of liabilities arising from supplier credits granted to production and/or marketing organisations constituted by primary producers.
The discounts referred to in the previous paragraph must be part of a credit project that is economically and financially viable as a whole. In addition, the difficulty of addressing the original obligations due to the occurrence of the causals invoked for the declaratory of the critical economic situation should be evidenced.
ARTICLE 14. SPECIAL CONDITIONS. When the nature of the projects so requires, the National Agricultural Credit Commission will establish:
1. Repayment periods and grace periods which are in line with the income generation capacity of the projects financed.
2. Mechanisms for capitalization of interest or other special systems for the cancellation of interest.
3. Systems for refinancing and capitalization of interest in the case of arrears associated with factors that generally affect the development of the activities financed.
4. Denomination of the credits in the Unit of Constant Purchasing Power, UPAC, or any other system of depreciation that allows to preserve the real value of the loans.
PARAGRAFO. For the implementation of livestock development and development programmes, aimed at small and medium-sized farmers, the livestock funds may go to special credit lines under the financial conditions referred to in this Article.
ARTICLE 15. LAND ACQUISITION AND RURAL HOUSING FINANCING BY SAVINGS AND HOUSING CORPORATIONS. Authorize Savings and Housing Corporations to create special credit systems for land acquisition and rural housing, with For the period up to thirty (30) years, which may be granted under the rules of the System of Constant Purchasing Power, UPAC.
The Savings and Housing Corporations will have access to the discount lines that for these purposes will be established in the Fund for Agricultural Sector Financing.
ARTICLE 16. FINANCING OF LAND ACQUISITION. Authorize the other credit institutions to create special systems to finance with up to thirty (30) years the acquisition of land for agricultural and livestock farming and aquaculture. The depreciation of these loans will be made under any system of capitalization of interest, which guarantees the preservation of its real value, including the Units of Purchasing Power Constant UPAC.
The National Agricultural Credit Commission will set the conditions under which FINAGRO will review these operations.
ARTICLE 17. GUARANTEES FOR THE REFINANCING OF THE AGRICULTURAL PORTFOLIO. Authorize the Agricultural Fund of Guarantees to agree with the Agrarian Fund and the other commercial banks and the financial corporations to grant guarantees up to 60% of the annual contributions of interest and capital of agricultural credits which are restructured by credit institutions in the terms of this Article. Credits eligible for this type of guarantee must meet the following conditions:
1. These loans were due before 20 November 1993 and are still in arrears, and the amount of which does not exceed 10 million pesos ($10,000,000.00) of capital.
2. To be refinanced from the validity of this law within a total period of 10 years, a period of grace to capital of three (3) years and a maximum interest rate equivalent to the one agreed in the credit restructuring.
3. In the event of non-compliance with the restructuring, the respective establishment may make the other obligations payable by the debtor in advance.
These guarantees will not be able to support capital and interest fees that correspond to credits whose criminal interests are not remitted. The Fund may not require guarantees from the credit user for this restructuring.
PARAGRAFO 1o. The guarantee premium paid to the Fund may not be less than 3.5% per year on interest and capital fees due each year. In the case of small farmers, these quotas cannot be less than 1.5% per year. Additional premiums may be established for institutions with higher claims.
PARAGRAFO 2o. In any case the guarantees will not be effective until the legal recovery of the obligations is initiated.
The portion of the restructured portfolio guaranteed by the Fund will be subject to special accounting treatment to facilitate access to new credit by users who restructure their debts.
PARAGRAFO 3o. The benefits of this article will be applicable to the production credits granted with resources from the National Coffee Fund.
PARAGRAFO 4o. Extended until June 30, 1994, the time limit set forth in article 3o., of Law 34 of 1993, to qualify for the benefits of the aforementioned Law. producers who do not qualify under the conditions of this Article, and who have obligations incurred between 15 September 1992 and 1 September 1993. From 1 February 1994, these benefits will be granted only if the corresponding refinancing applications are submitted to the financial institutions before the maturity of the respective credit.
PARAGRAFO 5o. For the purposes of this article, the President of FINAGRO, the managing body of the Agricultural Fund of Guarantees, FAG, may delegate to other employees of FINAGRO the function of the FAG's Certificates of Guarantee. FINAGRO may also contract with third parties the comprehensive execution of the functions arising from the provisions contained in this article.
ARTICLE 18. The annual amounts of guarantees issued by the Fund under development of this article must be approved prior to the CONIS. From 1994 onwards, the Fund will have to make an annual assessment of the claims that may occur in the following year and those that have already occurred in the current year, and ask the Ministry of Agriculture to incorporate into the General Budget the resources required to cover these net payments of the value of the premiums received and received.
ARTICLE 19. Authorize the Colombian Institute of Agrarian Reform, INCORA so that, in the design of refinancing mechanisms of the production credits granted with its own resources to the the beneficiaries of the land reform, may include the total remission of the criminal interest and the partial interest.
The authorization provided for in this Article will only cover the beneficiaries of Agrarian Reform in the case of loans due before 20 November 1993, the obligations of which have been qualified by the Board of Directors of the INCORA as non-performing or difficult to recover within three (3) years prior to this Law.
ARTICLE 20. The Agricultural Guarantee Fund of Guarantees will support the preference of farmers ' requests for credit from remote and difficult access areas of the country, which will not be able to facilitate banking and financial services required for an ordinary loan. The National Agricultural Credit Commission will fix the conditions of the amount and the requirements to obtain this benefit.
INCENTIVE TO RURAL CAPITALIZATION
ARTICLE 21. INCENTIVE TO RURAL CAPITALIZATION. Create the Certificate of Incentive for Rural Capitalization, to which every natural or legal person who executes investment projects in the agricultural sector will have the right. The projects must correspond to the terms and conditions determined by the National Agricultural Credit Commission based on the policies outlined by the Ministry of Agriculture.
ARTICLE 22. NATURE AND FORM OF INCENTIVE. The incentive for rural capitalization is a title that incorporates a personal right, which will be issued by the Fund for Financing the Agricultural Sector, FINAGRO, whose amount will be deducted from the total amount or partial payments of the credit obligation arising from a project referred to in Article 21 of this Law.
ARTICLE 23. AMOUNT OF INCENTIVE. The National Agricultural Credit Commission shall indicate the amounts, conditions and modalities of the incentive to the rural capitalization, without exceeding in any case 40% of the value of the projects that are the object of the incentive, including interests caused during the development phase of the same.
ARTICLE 24. ALLOCATION OF INCENTIVE TO RURAL CAPITALIZATION. 22 of Law 1151 of 2007. The new text is as follows: > The Rural Capitalization Incentive will be assigned or awarded in each case by the Fund for Financing the Agricultural Sector, Finagro, through financial intermediaries, trust institutions, or cooperatives, promoting their democratisation in order to guarantee access for small producers. The beneficiary may only make the incentive in accordance with the conditions laid down in the document issued by Finagro, for which it may be able to carry out, in accordance with the provisions of this document, assessment, verification of field and monitoring of the investment plan carried out by Finagro or by the intermediary. The beneficiary shall lose the incentive if the assessment, field verification and monitoring and control of the investment plan, carried out by the intermediary or by Finagro, have been unsatisfactory.
PARAGRAFO. When, on an equal basis, registrations for the eligibility of productive projects that aspire to receive resources from the Rural Capitalization Incentive are presented, they will have priority are presented by associations of producers organized under any of the modalities governed by the norms of the solidarity economy, or the production chains, or by strategic alliances or which are located in those departments with higher percentage of population with NBI, according to the definition of the Ministry of Agriculture and Rural Development.
ARTICLE 25. RESOURCES TO SERVE THE INCENTIVE. The National Government will make appropriate budget appropriations and operations to allocate resources that are required for the full operation of the rural capitalization incentive, resources that will be managed by FINAGRO according to the annual programming adopted by the National Agricultural Credit Commission.
PARAGRAFO. FINAGRO will only commit resources for the issuance of certificates of incentive to the rural capitalization until the concurrence of the appropriate resources in the General Budget of the Nation or authorized by the CONIS with charge to the vigencies future.
ARTICLE 26. PURPOSE OF FINAGRO. 227, Num. 2 > Amend article 8 of Law 16 of 1990 227, Num. 2 >, which will remain so:
" OBJECTIVE. The purpose of FINAGRO will be the financing of production activities in its various phases and commercialization of the agricultural sector, through the rediscounting of the operations that the entities belonging to the National System of Agricultural credit or other banking, financial, fiduciary and cooperative institutions, duly authorized by the Banking Superintendence, or through the conclusion of agreements with such institutions, in which it may be agreed that the risk is shared between FINAGRO and the entity accessing the rediscount ".
ARTICLE 27. Without prejudice to Article 28 of Law 16 of 1990, the Agricultural Guarantee Fund may also support the loans granted by the other banking institutions, financial, fiduciary and cooperative, duly authorized by the Banking Superintendence to grant credits to the agricultural sector.
ARTICLE 28. The Government, through the Ministry of Agriculture, will have a maximum period of four (4) months from the sanction and enactment of this Law to regulate the incentive to the Rural capitalization.
AGRICULTURAL AND FISHERIES PARAFISCAL CONTRIBUTIONS
ARTICLE 29. Notion For the purposes of this law, it is agricultural and agricultural parafiscal contributions that in cases and special conditions, for reasons of general interest, imposes the law on a subsector Agricultural or fisheries determined for the benefit of the same.
Agricultural and fishing parafiscal revenues are not part of the General Budget of the Nation.
ARTICLE 30. ADMINISTRATION AND COLLECTION. The administration of the parafiscal agricultural and fisheries contributions will be carried out directly by the union entities that meet conditions of national representativeness of an agricultural activity or (a) a special contract with the National Government, subject to the terms and procedures of the law which has created the respective contributions.
The beneficiaries of agricultural and agricultural parafiscal contributions will also be able to administer these resources through trust companies, prior to special contract with the National Government. apply in cases of a declaration of expiry of the respective administrative contract.
PARAGRAFO 1o. The administrative entities of the Funds coming from parafiscal agricultural and fishing contributions will be able to sue the payment of the same by way of executive. For this purpose, the legal representative of each entity shall issue, according to the information provided by the Ministry of Finance, the certificate in which the amount of the debt and its enforceability are recorded.
PARAGRAFO 2o. The collector of the parafiscal resources that does not transfer them in a timely manner to the managing entity, will pay arrears interest at the rate indicated for the income tax and complementary.
ARTICLE 31. ALLOCATION OF RESOURCES. The resources generated by agricultural and agricultural parafiscal contributions must be invested in the agricultural or fishing subsectors that supply them, subject to the following objectives:
1. Research and technology transfer, and technical advice and assistance.
2. Adequacy of production and health control.
3. Organization and development of marketing.
4. Promotion of exports and promotion of consumption.
5. Support for the regulation of supply and demand to protect producers against abnormal price swings and to provide them with a remunerative income.
6. Economic, social and infrastructure programs for the benefit of the respective subsector.
ARTICLE 32. AGRICULTURAL OR FISHERIES PARAFISCAL FUNDS. The resources from parafiscal agricultural and fisheries contributions and the assets formed by them, shall constitute special funds in the administrative entities, which be obliged to handle them in separate accounts so that they are not confused with the own resources and assets of those entities.
The revenue from the Parafiscal Funds will be as follows:
1. The product of the parafiscal agricultural and fishing contributions established in the law.
2. Yields on the management of their resources, including financial ones.
3. The derivatives of the transactions that are made with the resources of the respective funds.
4. The proceeds of the sale or liquidation of its assets and investments.
5. The credit resources.
6. Donations or contributions they receive.
The resources of the Parafiscal Funds may only be used for the purposes mentioned in the law establishing each contribution.
ARTICLE 33. BUDGET OF THE AGRICULTURAL AND FISHERIES PARAFISCAL FUNDS. The preparation, approval, execution, control, liquidation and updating of the general budgets of revenue and expenditure of the Agricultural and Fisheries Parafiscal Funds, subject to the principles and rules contained in the law establishing the respective parafiscal contribution and in the special contract concluded for his administration.
The managing entities shall draw up annual budgets of revenue and expenditure, which shall be approved by their management bodies provided for in the legal and contractual rules, with the favourable vote of the relevant Minister or his delegated, in accordance with the law; such a favorable vote does not imply obligations under the General Budget of the Nation for these concepts.
ARTICLE 34. The government will monitor that people forced to pay or collect parafiscal agricultural and fishing contributions comply with their respective obligations. The law establishing each contribution will define the penalties to be imposed.
ARTICLE 35. All the parafiscal agricultural and fishing contributions that existed prior to the validity of the Political Constitution of 1991, are subject to what is ordered by this law, without prejudice to the rights acquired and the legal provisions governing them and the legally concluded contracts.
AGRICULTURAL AND FISHERIES PRODUCT PRICE STABILIZATION FUNDS
ARTICLE 36. Without prejudice to the Agricultural and Fisheries Parafiscal Funds regulated in this Law, create the Fund for the Stabilization of the Price of Agricultural and Fishery Products, as Accounts The Committee of the European Commission has proposed a number of special measures, which aim to ensure that producers are paid remunerative income, regulate domestic production and increase exports, by financing the stabilization of prices to the producer of such goods. Agriculture and fisheries.
PARAGRAFO. When the National Government deems it necessary, it will organize the Fund for the Stabilization of the Prices of Agricultural and Fisheries Products, within the rules established in this Law.
ARTICLE 37. The Price Stabilization Funds for Agricultural and Fisheries Products that are organized from the time of this Law shall be administered, as a special account, by the entity. The administration of the parafiscal fund of the corresponding agricultural and fisheries sub-sector. These funds may also be administered by the Institute of Agricultural Marketing, IDEMA, as a separate account of its own resources, in the terms that the National Government points out.
These funds may also be administered by other entities or through the intermediary of fiducia contracts, according to the decision taken by the Ministry of Agriculture for this purpose.
PARAGRAFO. The National Government will be able to transform the current cocoa and cotton Export Price Stabilization Funds into the Agricultural and Fisheries Product Price Stabilization Funds in the terms of this Law.
ARTICLE 38. The resources of the Agricultural and Fisheries Product Price Stabilization Funds will come from the following sources:
1. The stabilisation disposals that producers, sellers or exporters do in accordance with Article 40or. of this Law.
2. The sums that the Agricultural and Agricultural Parafiscal Funds, which are referred to in Chapter V of this Law, are intended to support the Agricultural and Fisheries Product Price Stabilization Funds.
3. The resources that are appropriate to them in the National Budget for capitalization.
4. The resources provided to them by public entities or natural or legal persons governed by private law, in accordance with the conventions to be concluded in this respect.
5. Returns on temporary investments made with the resources of the Funds in debt securities issued, accepted, endorsed or guaranteed in any other form by the Nation, or in securities of high profitability, security and liquidity issued by the Bank of the Republic and other financial institutions.
PARAGRAFO 1o. The Agricultural and Fisheries Product Price Stabilization Funds may receive loans from the National Budget or national or international credit institutions. The Nation will be able to guarantee these credits in accordance with the public credit standards.
PARAGRAFO 2o. The disposals referred to in the first of this article are parafiscal contributions.
ARTICLE 39. The composition of the Direct Committees of the Agricultural and Fisheries Product Price Stabilization Funds will be determined in each case by the National Government, as well as the the procedure and the period for which producers, sellers and exporters, as appropriate, appoint their representatives to them. When a Price Stabilization Fund for Agricultural and Fisheries Products is incorporated as a special account for a Parafiscal Agricultural or Fisheries Fund, the composition of the Board of Directors of the Fund and its majority rules will be the of the body responsible for the approval of the budget or investment plan and expenditure of the Parafiscal Fund.
ARTICLE 40. PROCEDURE FOR THE OPERATIONS OF THE PRICE STABILIZATION FUNDS FOR AGRICULTURAL AND AGRICULTURAL PRODUCTS. The reference price or the reference price range; the price source of the relevant international market; and the percentage of the difference between the two prices to be transferred to the funds or to compensate the producers, sellers or exporters, shall be established by the steering committees of the Agricultural Product Price Stabilization Funds. and Fisheries.
The operations of the Agricultural and Fisheries Product Price Stabilization Funds will be subject to the following procedure:
1. If the international market price of the product concerned for the day on which the operation is recorded in the respective Agricultural Products and Fisheries Price Stabilization Fund is lower than the reference price or the limit (a) the Fund shall pay to producers, sellers or exporters a stabilisation compensation. Such compensation shall be equal to a percentage of the difference between the two prices, fixed in each case by the Steering Committee, with the favourable vote of the Minister of Agriculture, or his delegate.
2. If the international market price of the product concerned for the day on which the operation is recorded in the respective Fund is higher than the reference price or the upper limit of the reference price range, the producer, seller or The exporter shall pay the Fund a stabilisation assignment. Such transfer shall be equivalent to a percentage of the difference between the two prices, fixed by the Fund's Steering Committee, with the favourable vote of the Minister for Agriculture, or his delegate.
3. With the resources of the funds, hedge operations may be held to protect against variations in external prices, in accordance with the provisions in force or those for which the Board of Directors of the Bank of the Republic.
The Management Committees of the Agricultural and Fisheries Product Price Stabilization Funds shall establish the methodology for the calculation of the reference price from the most representative contribution on the international market for each Colombian product, based on a moving average of not less than the last 12 months and not more than the previous 60 months.
The percentage of the difference between the two prices that will determine the respective disposals or stabilization compensations between the Stabilisation Funds and the producers, sellers or exporters, as the case may be, will be established by the Steering Committees of the Stabilisation Funds within a maximum or minimum margin ranging from 80% to 20% for the respective product.
PARAGRAFO 1o. The stabilization offsets and compensations that this item treats will be applied in all cases to the export operations. The Steering Committees of the Agricultural and Fisheries Product Price Stabilization Funds shall establish whether such disposals or compensations apply equally to domestic sales operations.
PARAGRAFO 2o. The Direct Committees of the Agricultural and Fisheries Product Price Stabilization Funds may establish several reference prices or ranges of reference prices and different percentages. If the differences in the qualities of the respective products or the special conditions of each market so warrant.
ARTICLE 41. The Steering Committees of the Agricultural and Fisheries Product Price Stabilization Funds will determine the stage of the marketing process in which the disposals and the procedures and sanctions to ensure that they become effective. In the case of commercial operations involving the Agricultural Marketing Institute, IDEMA, the disposals shall apply at the time of the sale of the products.
ARTICLE 42. The Steering Committees of the Agricultural and Fisheries Product Price Stabilization Funds may deduct partially or totally from the compensation to be made, the equivalent of the Tax refund certificate, CERT, if the exports benefit from such incentive.
Likewise, they may partially or totally discount the tariff preferences granted on export markets.
ARTICLE 43. The management committees of the Agricultural and Fisheries Product Price Stabilization Funds shall exercise the other functions assigned to them by the National Government in the present regulation. law or contractually stipulated with the administrator entity.
ARTICLE 44. Each Agricultural and Fisheries Product Price Stabilization Fund will have a technical secretary, who will be appointed by its Steering Committee, with the favorable vote of the Minister of Agriculture. or its delegate. The Technical Secretary may also be the Fund's authorising officer.
The technical secretariats will be integrated with highly qualified personnel, who will permanently develop the studies, proposals and technical evaluations required for the administrative operation and efficiency of the Stabilisation. Running costs and administration costs will be borne by your own resources.
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