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By Which Modifies The Law 686 2001, "which Creates The Fund Rubber Development, Lays Down Rules For The Collection And Administration, And Other Provisions Are Created"

Original Language Title: Por la cual se modifica la Ley 686 de 2001, "por la cual se crea el Fondo de Fomento Cauchero, se establecen normas para su recaudo y administración y se crean otras disposiciones"

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LAW 1758 OF 2015

(July 6)

Official Journal No. 49.565 of 6 July 2015

CONGRESS OF THE REPUBLIC

By which Law 686 of 2001 is amended.

THE CONGRESS OF THE REPUBLIC

DECRETA:

ARTICLE 1o. Amend article 2or Law 686 of 2001, which will remain so:

Article 2o. Of the agronomy of the rubber. For the purposes of this law, Heveiculture is recognized as a component of the agricultural and forestry sector of the country, which aims at the cultivation, harvesting and the benefit of natural rubber latex (Hevea brasiliensis).

PARAGRAFO. Within this concept understand by:

a) Caucho: the tree belonging to the genus Hevea and the species Brasiliensis;

b) Rayado: the process to which the stem of the rubber tree is submitted for the production of latex;

c) Collection: process by which the latex or the field clot is removed and leads to the place where it will be benefited;

d) Benefit: process to which the latex or field clot is subjected to obtain different raw materials of natural rubber, such as: latex, preserved latex, centrifuged latex, creamed latex, ripple, foil, smoked sheet, TSR20, TSR10, TSR5, TSRL, Crepe and Special Cauchos;

(e) Heveicultor: natural or legal person who has as activities the establishment, the maintenance, the use of rubber plantations and the benefit of the latex produced by the trees. This term is used as a synonym for cauchero.

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ARTICLE 2o. Amend article 4or Law 686 of 2001, which will remain so:

Article 4o. The rate. The Cauchero Promotion Fee shall be one per cent (1 per cent) of the sale of kilogram or litre, as appropriate to dry or liquid natural rubber.

PARAGRAFO 1o. For the above purposes, the Ministry of Agriculture and Rural Development shall, by 31 June and before 31 December of each year, point out the reference price of kg or litre before 31 June of each year. at the national level of each of the raw materials being produced, on the basis of which the settlement of the captive promotion quotas shall be carried out during the immediately following six months.

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ARTICLE 3o. Amend article 6or Law 686 of 2001, which will remain so:

Article 6o. Of the quota subjects. It is the subject of the Cauter of the Cauchero Development every natural or legal person who benefits the latex or the field clot, coming from the rubber trees, either to market it or to use it in agro-industrial or industrial processes.

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ARTICLE 4o. Modify the paragraph of Article 7or Law 686 of 2001, which will remain so:

Article 7o. (...)

PARAGRAFO. The retainers of the Cauchera Fomento Cuota will be required to move the total of the quota held in the previous month within the calendar month. The retainer shall account for the deductions made in separate accounts of its accounts and shall record the money in the account of the Fund for the Cauchero Development Fund, within the first half of the calendar month following that of the holding.

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ARTICLE 5o. Amend article 8or Law 686 of 2001, which will remain so:

Article 8o. Of the sanctions. The holders of the Cauchero Fomento Cuota that do not fulfill their obligations to collect the quota or not to transfer it in a timely manner to the managing body of the Fund for the Cauchero Development Fund, will be made creditors to the sanctions established to continuation:

Assume and pay against your own estate the value of the fee left to raise. To pay moratorio interest on the amount no longer to be transferred for each month or fraction of month of delay in the payment.

PARAGRAFO. The managing entity of the Cauchero Development Fund will advance the respective administrative and jurisdictional processes for the collection of the moratorio fee and interest, when there is a place.

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ARTICLE 6o. Amend article 9or Law 686, which will remain so:

Article 9o. From the management body. The Ministry of Agriculture and Rural Development will contract with the Colombian Cauchera Confederation (CCC) the administration of the Cauchero Development Fund.

The contract will indicate to the managing entity what is related to the management of the Fund's resources, the criteria of strategic management and administration by objectives, the definition and establishment of programs and projects, the powers and prohibitions of the managing body, the term of the contract which shall be for ten (10) years and the other requirements and conditions required for the fulfilment of the objectives and shall determine that the value of the consideration by the administration and collected from the quota will be ten percent (10%) of the national collection.

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ARTICLE 7o. Amend article 16 of Law 686 of 2001, which will remain so:

Article 16. The fee ends. The resources obtained by the Cuota de Fomento Cauchero will have the following purposes:

1. Research and adaptation of technologies that seek to improve the productivity, quality and competitiveness of natural rubber. Research on agronomic and phytosanitary problems affecting the plantations of rubber and genetic improvement, accompanied by the transfer of technology and dissemination of results to the rubber producers.

2. Technical assistance and technology transfer to the producers and technical assistants of rubber.

3. Promote the consumption of natural rubber, both inside and outside the country.

4. Marketing activities in and out of the country, stimulation for the formation of marketing companies, collection channels and distribution of rubber.

5. Train, collect and disseminate information that benefits the Cauchero Subsector of the Rubber Chain.

6. Plant protection programmes and projects.

7. To diversify the production of the rubber and environmental conservation units.

8. Support price stabilization mechanisms for natural rubber, which are supported by the farmers and the national government.

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ARTICLE 8o. Amend article 17 of Law 686 of 2001, which will remain so:

Article 17. From The Steering Committee. The Cauchero Development Fund will have a Steering Committee made up of five (5) members: one (1) representative of the national government that will be the Minister of Agriculture and Rural Development who will chair the Steering Committee or its delegate and four (4) representatives of the rubber growers, each with their respective alternate.

PARAGRAFO. The representatives of the growers, three (3) must be in exercise, either in a personal capacity or on behalf of a legal person, engaged in this activity for a period of no less than Three (3) years.

[El Nacional] These representatives will be appointed by the National Congress of Rubber Producers, representing all the country's rubber-tacked areas. The period of the growers ' representatives shall be two (2) years and may be re-elected. The fourth representative of the producers will be the Director of the Colombian Cauchera Confederation (CCC).

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ARTICLE 9o. Amend article 18 of Law 686 of 2001, which will remain so:

Article 18. Functions of the Steering Committee. The Steering Committee of the Fund shall have the following functions:

Approve the Fund's annual revenue and expenditure budget, presented by the managing body, after having been approved by the Ministry of Agriculture and Rural Development.

Approve investments that the Fund's resources must carry out with resources from the Fund and other entities in the service of the rubberners.

Ensure the proper and efficient management of the Fund by the managing body.

PARAGRAFO. The decisions taken by the Fund's Steering Committee on the budget, investment and expenditure of the resources collected by the Cauchera Development Fund will have to be given the approval of the Ministry of Agriculture and Rural Development.

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ARTICLE 10. Amend article 19 of Law 686 of 2001, which will remain so:

Article 19. From The Fund's Budget. The managing body, based on the programs and projects prioritized by the National Congress of Producers, will produce annually the investment and spending plan for the next annual financial year. This plan may only be implemented after approval of the Fund's Steering Committee.

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ARTICLE 11. This law governs from the date of its enactment and repeals all provisions that are contrary to it.

The President of the honorable Senate of the Republic,

JOSÉ DAVID NAME CARDOZO.

The Secretary General of the honorable Senate of the Republic,

GREGORIO ELJACH PACHECO.

The President of the honorable House of Representatives,

FABIO RAUL AMIN SALEME.

The Secretary General of the honorable House of Representatives,

JORGE HUMBERTO MANTILLA SERRANO.

COLOMBIA-NATIONAL GOVERNMENT

Publish and comply.

Dada en Bogotá, D. C., a 6 de july de 2015.

JUAN MANUEL SANTOS CALDERÓN

The Minister of Finance and Public Credit,

MAURICIO CÁRDENAS SANTAMARIA.

The Minister of Agriculture and Rural Development,

AURELIO IRAGORRI VALENCIA.

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