2014 (January 20)
Official Gazette No. 49039 of January 20, 2014 CONGRESS OF THE REPUBLIC
By means of which the share of potato development is established, Development Fund is created, rules for collection and administration sets and other provisions.
THE CONGRESS OF THE REPUBLIC DECREES:
ARTICLE 1o. OBJECT. This law aims to establish the fee Potato Development, creating the Fund for the Promotion and determine the main definitions of the bases for collection, management and disposal, in order to contribute to the development of the subsector of the potato in Colombia .
. POTATO sub-sector. For purposes of this law, it is understood by subsector potato component of the agricultural sector in the country, consisting of individuals, corporations or societies in fact, engaged in the production, harvesting, packaging, processing, marketing and related activities dad.
ARTICLE 3. ESTABLISHMENT OF THE QUOTA potato development. Establish the fee Potato Development as a contribution parafiscal by the producer, which is equivalent to one percent (1%) of the sales value of domestic production of potatoes.
PARÁGRAFO. The fee Potato Development will be caused by one time at any stage of the marketing process, and once paid, the managing entity of the parafiscal quota issue a peace and safe, where it will be noted that the contribution and was paid, which constitutes the only evidence that remove the obligation of the collection of quota to those involved in marketing successive stages.
ARTICLE 4. Mandated PAYMENT FEE potato development. Potato producers, whether natural persons, companies or societies in fact, be required to pay the fee Potato Development.
PARÁGRAFO. When the potato producer is the exporter, you will also be subject to payment of the fee Potato Development and act as a collector himself.
The 5th ITEM. CONTRIBUTION parafiscal FARMING. In accordance with the provisions of Law 101 of 1993, the share Potato Development is a contribution of agricultural parafiscal acts imposed for reasons of general interest, for the benefit of taxpayers.
ARTICLE 6o. PEOPLE FORCED TO FEE REVENUES potato development. Natural persons, legal or de facto corporations that buy potato domestic production of any variety for use as seed, prepare it, processing it, industrialize, market or export, are required to retain, for once, the value of the fee Potato Development at time of transaction or payment.
ARTICLE 7. TRANSFER FEE TO FUND DEVELOPMENT. The obligated to collection of the fee Potato Development people keep these resources in separate accounts and are obliged to accredit to the special account of the Fund for the Promotion of Pope within the first ten (10) days of the month following their collection . PARAGRAPH 1.
. In exercise of the audit function, the entity administering the fund may pay visits to the ledgers of the fee collectors to ensure the due payment thereof. PARAGRAPH 2.
. Fee collectors shall furnish the administering entity all the information required, in order to streamline the implementation of this law.
Article 8. SANCTIONS REVENUES DERIVED FROM BREACH OF THE QUOTA. Producers and collectors Quota Potato Development who breach their obligation to raise the quota or moving it promptly to the entity that administers creditors will be made to the penalties provided below:
a) assume and pay the value of the share left to collect;
B) to pay default interest was incurred under the terms of Article 3 of Law 1066 of 2006.
This is without prejudice to any criminal, fiscal and administrative penalties that may be applicable, and payment of the amounts that are owed by any concept in the background.
PARÁGRAFO. The Administrator of the fee Potato Development may advance legal proceedings to collect the fee and default interest, when it any place.
Article 9. DEVELOPMENT FUND CREATION OF POTATO. Create the Promotion Fund of the Pope as a special account management, under the name "National Development Fund Potato", made with resources from the collection of the fee Potato Development, whose exclusive destination will be the corresponds to the objectives of this law.
ARTICLE 10. OBJECTIVES OF THE FUND FOR DEVELOPMENT OF POPE. The resources of the National Fund for the Promotion of Pope besides contemplated in Article 31 of Law 101 of 1993, used for:
a) To support processes that promote the organization of the potato chain, its links and particularly producers;
B) Support actions that lead to the regulation of supply and demand for potatoes, to protect producers against abnormal price fluctuations and provide them remunerative income;
C) Support the funding of plans, programs and projects of innovation, research and technology transfer;
D) Support the funding of plans, programs and projects aimed at strengthening and implementation of phytosanitary control measures for the protection of domestic production against the globalization of markets potato;
E) Support funding of plans, programs and projects for adding value, especially those aimed at improving efficiency levels in post-harvest processes, transformation and industrialization;
F) Support the funding of plans, programs and projects to design, implement and streamline information systems subsector, with the purpose of providing tools for production planning and potato markets in the public and private sector;
G) Support the funding of plans, programs and education and training projects for technological modernization of production, processing and marketing of potatoes;
H) Support the funding of plans, programs and projects designed to preserve and restore the ecological environment where the potato crop develops;
I) Disclose plans, programs and projects financed by the National Fund for the Promotion of the Pope. PARAGRAPH 1.
. To achieve these objectives, the management entity prior authorization of the Board of the Fund, advance implementation contracts or association with third parties, whether natural or legal, public, private or mixed, national or foreign. PARAGRAPH 2.
. The Fund Board shall strive for an appropriate regional allocation of resources among the various producing areas. PARAGRAPH 3.
. The Development Fund of the Pope and the administering authority thereof in accordance with the provisions of Law 99 of 1993 and Law 1450 of 2011, not encourage potato cultivation in areas of special ecological importance as moors and wetlands. To do this managing entity, together with the Ministry of Agriculture and Rural Development and the Autonomous Regional Corporations verify that any benefit derived from the share Potato Development cultivated in these areas, nor allow cultivation in the same is not received.
ARTICLE 11. PROPERTY FUND ASSETS. The assets acquired with the Fund's resources should be incorporated into the special account of it. In each operation it must be established that the purchased good is owned by the Fund, represented by the managing entity.
PARÁGRAFO. If this is settled, all his property, including Fund monies that are in hand or on deposit, once canceled liabilities will be delivered to the Ministry of Agriculture and Rural Development, in order to invest in the same objectives to those established in this law.
ARTICLE 12. RESOURCES DEVELOPMENT FUND POTATO. In addition to the fee Fomento parafiscal accordance with Article 32 of Law 101 of 1993, the National Fund for the Promotion of the Pope may receive and channel resources from internal and external credit entered into by the Ministry of Agriculture and Rural Development, for the fulfillment of the objectives that sets this law, as well as contributions and investments of the national Treasury and natural and legal, national and foreign, for the same purpose and those listed below.
ARTICLE 13. FUND REVENUES AND ADMINISTRATION BUILDING THE POPE. The Government, through the Ministry of Agriculture and Rural Development, will hire with the most representative of potato growers nationwide entity the collection and management of the National Fund for the Promotion of the Pope or failing through a partnership fiduciary. PARAGRAPH 1.
. The funds raised by the National Fund for the Promotion of the Pope should be administered in accordance with the principles of efficiency, effectiveness, accountability and transparency and under guarantees of real and effective democratic representation of all taxpayers and beneficiaries.
. The collection of the fee Potato Development established by this Act, requires that the contract between the Ministry of Agriculture and Rural Development and the entity administering the Fund is in effect. PARAGRAPH 3.
. The special management agreement draw the managing entity regarding the management of the Fund, criteria for management and administration, the definition and establishment of plans, programs and projects, powers and prohibitions of the managing entity, the term contract will initially be for five (5) years and the value of the consideration for the administration and collection of the fee will be up to ten percent (10%) of the annual collection, and other requirements and conditions as may be required for the fulfillment of the objectives.
ARTICLE 14. SUPERVISION AND MONITORING OF FUND DEVELOPMENT OF POTATO. The Ministry of Agriculture and Rural Development will evaluate, control and inspection of plans, programs and projects developed with the Fund for this purpose the managing entity shall biannually to report on the funds obtained and investment.
PARÁGRAFO. The Ministry of Agriculture and Rural Development may verify such reports inspecting the books and other documents that the administering entity must keep management of the Fund.
ARTICLE 15. FUNCTIONS OF SUPERVISION AND OVERSIGHT. The functions of supervision and oversight of the Ministry of Agriculture and Rural Development the following:
a) Monitor and evaluate plans, programs and projects of the Fund for the Promotion of the Pope;
B) To approve or disapprove the annual budget of income and expenses;
C) Take control of the implementation of resources and issue concept on agreements of quarterly spending;
D) Monitor and evaluate compliance with high standards of real democratization and transparency.
ARTICLE 16. INVESTMENT PLAN AND EXPENSES. The managing entity, based on the guidelines of the Board, shall by October 1 of each year, the Investment Plan and Expenditure for the following financial year, which only once can be executed has been approved by the Board of Directors the Fund, with the favorable vote of the Ministry of Agriculture and Rural Development.
ARTICLE 17. FINANCIAL CONTROL DEVELOPMENT FUND POTATO. For all legal purposes, the fiscal control over the investment of the Fund for the Promotion of the Pope will be exercised by the Comptroller General of the Republic, in accordance with the rules and regulations, appropriate to the nature of the Fund and its body administrator.
ARTICLE 18. FUND MANAGEMENT DEVELOPMENT OF POTATO. The address of the Fund for the Promotion of the Pope will be in charge of a Board of Directors.
ARTICLE 19. INTEGRATION OF THE BOARD. The Board of the Development Fund of the Pope will be composed of:
a) The Minister of Agriculture and Rural Development or his delegate, who will preside;
B) One (1) delegate producer organizations of the national order, with current legal representation;
C) Three (3) delegates from producer organizations regional level, with effective legal representation.
PARÁGRAFO. The Ministry of Agriculture and Rural Development shall regulate the mechanisms for the selection and appointment of delegates to the Board of the Development Fund of the Pope.
ARTICLE 20. FUNCTIONS OF THE BOARD OF FUND DEVELOPMENT OF POTATO. The Board of the Fund shall have the following functions:
a) To provide general policy to ensure compliance with the aims and objectives of the Fund by setting priorities for the short, medium and long term;
B) approve the annual investment plan and budget expenditures and transfers submitted to it by the managing entity, with the favorable vote of the Ministry of Agriculture and Rural Development;
C) To approve the partnership contracts, financing, or any other measures, to fulfill the aims and objectives of the Fund, proposes to make the managing entity;
D) To ensure the sound and efficient management of the Fund by the management entity;
E) Establish appropriate to ensure democratization in the representation and management of resources parafiscal mechanisms;
F) Any other functions inherent to their quality of highest governing body of the Fund, and assigned to it in the legal regulations and the special contract administration of the Fund and collection of quota;
G) its own regulations.
ARTICLE 21. TRANSFER OF NATIONAL RESOURCES DEVELOPMENT FUND DEVELOPMENT FUND Hortifrutícola POTATO. Within four (4) days following the effective date of this law months, the entity administering the National Development Fund Hortifrutícola required to transfer to the entity administering the Development funds raised from para-fiscal contribution from the National Endowment for the Pope Pope, not executed or committed, who are under his administration.
Similarly, the entity administering the National Development Fund Hortifrutícola must transfer within four (4) months following the effective date of this law, the entity administering the National Fund for the Promotion of the Pope, the base data collection agents having from potato. PARAGRAPH 1.
. From the effective date of this law, collectors agents Fee Potato Development should only transfer the aforementioned contribution to the National Fund for the Promotion of the Pope. PARAGRAPH 2.
. The potato sector in terms of parafiscality is regulated exclusively by this law. The provisions for the sector and contained in Law 118 of 1994 do not apply.
ARTICLE 22. EFFECTIVE DATE. This law governs from its enactment and repeal all provisions that are contrary.
The President of the honorable Senate of the Republic, Juan Fernando Cristo
The Secretary General of the honorable Senate,
GREGORIO Eljach PACHECO.
The President of the honorable House of Representatives, HERNÁN
The Secretary General of the honorable House of Representatives,
JORGE HUMBERTO SERRANO MANTILLA.
REPUBLIC OF COLOMBIA - NATIONAL GOVERNMENT
published and enforced.
Given in Bogotá, DC, 20 January 2014.
CALDERON JUAN MANUEL SANTOS Minister of Finance and Public Credit,
Mauricio Cárdenas Santa María.
The Minister of Agriculture and Rural Development, RUBÉN
DARÍO LIZARRALDE MONTOYA.