256/2000 Sb.
LAW
of 14 June. July 2000
the State agricultural intervention fund and amending certain other
the laws of the
(the law on the State agricultural intervention fund)
Change: 128/2003 Coll.
Change: 85/2004 Sb.
Change: 128/2003 Coll. (part), 41/2004 Coll., 237/2004 Sb.
Change: 482/2004 Sb.
Change: 441/2005 Sb.
Change: 130/2006 Sb.
Change: 342/2006 Sb.
Change: 35/2008 Sb.
Change: 291/2009 Sb.
Change: 227/2009 Coll., 291/2009 Coll. (part)
Change: 251/2011 Sb.
Change: 239/2012 Sb.
Change: 457/2011 Coll., 18/2012 Sb, Sb 503/2012.
Change: 64/2014 Sb.
Change: 179/2014 Sb 250/2014 Sb.
Parliament has passed the following Act of the Czech Republic:
PART THE FIRST
THE STATE AGRICULTURAL INTERVENTION FUND
§ 1
(1) there is hereby established the State agricultural intervention fund (hereinafter referred to as "the Fund").
The Fund is a legal person with its headquarters in Prague. The Fund is the Administrative Office and the
belongs to the competence of the Ministry of agriculture (hereinafter referred to as
"the Ministry"). ^ 1)
(2) the Fund in accordance with the law, European Union law and
international treaties by which the Czech Republic is bound,
and decides on the granting of subsidies) and checks the fulfilment of the conditions
the provision of subsidies,
(b)) performs the intervention buying-in of agricultural products and foodstuffs, and
provides storage, where appropriate, the processing of the following purchased
agricultural products and foodstuffs,
c) sells or otherwise transfers purchased into intervention the agricultural
products and foods or products resulting from the processing
purchased into intervention of agricultural products or foodstuffs,
(d)) performs Government-approved programs focused on non-food
the use and processing of agricultural products,
e) performs activities relating to the production quota system,
(f)) deleted
g) provides subsidies for exports of agricultural products and foodstuffs,
h) decides on the granting of licences for the import and export of agricultural
products and foodstuffs, and checks the fulfilment of the conditions of granting of the licence,
I) carried out activities relating to the system of guarantees for agricultural
products and foods, ^ 3)
j) stores, selects and takes away the financial benefits from the production of sugar and in the
milk and milk products by directly applicable regulation
Union, ^ 4)
to further measures) under section 2a of the Act about agriculture,
l) carried out under section 2 c of the law on Agriculture and rural development programme
According to the regulation directly applicable European Union governing aid
for rural development by the European agricultural fund for rural development
(EAFRD) (hereinafter referred to as "the programme of rural development"),
m) carries out activities related to the approval, registration,
registration or recognition of producers of agricultural products or foodstuffs
under the relevant legislation of the European communities in the field of
common organisations of the market and the structural measures,
n) carries out activities related to the approval, registration,
registration or recognition of groups and organisations of producers of agricultural
products or foodstuffs, including the international, group, and organization
inter-branch organisations and agreements of producers of agricultural products or
food under the relevant legislation of the European Union,
about performs activities relating to) system international approval
control and supervisory agencies referred to in the regulation of the European
Community ^ 9),
p) carries out measures arising from international treaties ^ 10),
q) carries out activities related to obtaining, processing and
transfer pricing and market information, including the registration of contracts provided for in
the relevant legislation of the European Union,
r) carries out activities related to a representative selection of agricultural
products or foodstuffs, the determination of the national reference and
the reference quantity of the agricultural products or foodstuffs,
a representative selection of areas of cultivation of agricultural products or
the production of food, or with a representative selection of markets and market
days, producers of agricultural products or foodstuffs in accordance with the relevant
the legislation of the European Union in the area of common market organisations and
structural measures,
with the supervision of the fulfilment of the) performs the obligations arising for the physical and
legal entities from directly applicable regulation in the European Union,
t) earmarks a portion of the reserve, if it is part of the system of production quotas
According to the regulations of the European Union, which can be used to increase the
existing or new allocation of reference quantities of milk,
u) implements measures common market organisations under the Special
legal act,
in support of marketing) for agricultural products and foodstuffs,
w) carries out the activities of the intermediary organisation according to the directly applicable
the regulations governing the structural funds of the European Union or the European
Fisheries Fund ^ 11) and the European maritime and Fisheries Fund pursuant to § 2ca law
on Agriculture and,
x) updates the registration of land use by the user by
the law on agriculture.
(3) the conditions for the implementation of the activities of the Fund referred to in paragraph 2, the Government may
Edit ^ regulation 12).
(4) natural and legal persons serving the Application Pool, the affidavits
and the information resulting from the scope of the Fund referred to in paragraph 2, the
Forms issued by the Fund.
§ 2
cancelled
§ 3
cancelled
§ 4
The Obligations Of The Fund
(1) the Fund shall be obliged to
and submit to the Government through the Ministry of) in the specified
terms of the Fund's budget for the calendar year,
(b) to submit to the Government through the Ministry of) the annual report on
the activities of the Fund and the financial statements drawn up to the balance sheet date, including
list of receivables and liabilities, certified auditor,
(c) at the request of the Ministry) or the Government to submit an interim report on the
the activities of the Fund and to submit to the Ministry of the inventories of the persons that do not have
properly applied to obligations to the Fund, including the type and level of their commitment.
(2) the Fund shall, in the framework of the implementation of the activities referred to in section 1 (1). 2
submit to the competent authorities of the European Union within the time limits
the report and the financial statements provided for by the law of
Of the European Union.
(3) the Fund shall keep records in accordance with the Act on accounting.
§ 5
cancelled
§ 6
Grants of the Fund from the State budget
Chamber of Deputies approves the proposal at the same time the State budget
Of the Czech Republic
and a grant from the State Fund) of the budget assigned to the implementation of the
activities referred to in section 1 (1). 2,
(b) grant from the State Fund) budget earmarked to cover administrative
the expenditure of the Fund.
§ 6a
The financial resources of the Fund
(1) the financial resources of the Fund are
and subsidies from the State budget) assigned to the implementation of the activities
According to § 1 (1). 2 provided on pre-financing of expenditure to be
covers resources from the budget of the European Union in addition to the funds from the national
Fund ^ 43),
(b)) a subsidy from the State budget earmarked for implementation of the activities
According to § 1 (1). 2, provided such other resources ^ 43),
(c) a subsidy from the State budget) assigned intended to cover administrative expenditure
The Fund,
d) revenue from the sale of agricultural products and food purchased by the Fund,
e) aid granted by the European communities or other foreign
the body,
(f) loans granted by the Fund), the implementation of the activities referred to in section 1 (1). 2,
interest on deposits of the Fund, income from securities, contractual penalties, fines,
insurance claims and other revenue,
(g) the funds from the National Fund) ^ 13),
h) funds provided by the Ministry of Finance on the implementation of the activities
According to § 1 (1). 2,
I) costs associated with selection by a final decision of the stored
the financial benefits from the production of sugar under section 11 h of paragraph 1. 5 and the costs associated with the
the recovery of the funds provided by the Fund to be
The Fund returned, established a special legal regulation,
j) returned by the subsidies and penalties.
(2) the Fund leads on 3 separate accounts the financial resources referred to in paragraph 1
and (b)). and (b))), (d)), f), (h)), i) and (j)),
(b)) (a). (c)) and
(c)) (a). (e)), and (g)).
(3) in addition to the financial resources from the State budget, earmarked for
the implementation of the activities referred to in section 1 (1). 2, can be used for these purposes
income from sales of agricultural products purchased into intervention and
foodstuffs referred to in paragraph 1 (b). (d)), loans, interest on deposits of the Fund, income
from securities, contractual penalties, fines, insurance claims and other revenue
referred to in paragraph 1 (b). (f)), funds provided by the Ministry of finance
referred to in paragraph 1 (b). (h)) and returned subsidies and penalties referred to in paragraph 1
(a). (j)).
(4) the use of the financial resources referred to in paragraph 1 (b). and (b))), d), (f)),
h) and (j)) are transferred to the following calendar year, on the implementation of the
activities referred to in section 1 (1). 2 and unused financial resources referred to in paragraph
1 (a). (c)) and i) are transferred to the following calendar year, on
cover the administrative expenses of the Fund.
(5) to cover the administrative expenses of the Fund may be used only for financial
the resources referred to in paragraph 1 (b). (c)) and i). The Fund may, after prior consent of the
The Ministry of finance to set up at a bank or a branch of a foreign bank
the framework of accounts for the Czech National Bank referred to in paragraph 2, account, or accounts,
that will be a part of the financial resources referred to in paragraph 1 (b).
(c)), and from which you can make expenses related to a work path
through payment cards for travel.
Through payment cards you can make from these accounts for more
expenditure, which is not possible in any other way.
(6) the Fund may, to bridge the period between the implementation of the expenditure
related to the implementation of the activities referred to in section 1 (1). 2 and their
before the use of the budget of the European Union with the agreement of the Ministry of
the loan.
§ 6b
The Management Of The Fund
(1) the Fund is the responsibility of the management of the property of the Czech Republic according to
special legislation. ^ 14)
(2) the Fund periodically checks the status of the stocks purchased by the agricultural
products and foodstuffs. On the management of the property, which is the responsibility of the Fund
manage, Director of the Fund shall be decided in accordance with the Statute of the Fund.
(3) the Fund may be one of the only securities issued by a State or securities
papers, for whose repayment is guaranteed by the State, with the exception of cases, when
The Fund shall transfer securities exclusively from the organizational components of the State
and State organisations relevant to manage state assets, ^ 14) and from the
the stock of companies whose shareholder is the Czech Republic.
(4) the Fund for the implementation of the activities referred to in section 1 (1). 2 ensure separate
confirmation of payment, payment and accounting of payments made under the Special
legislation. ^ 15)
(5) the Fund for the implementation of the activities referred to in section 1 (1). 2 performs all
non-cash payments by bank transfer to the account of the applicant.
§ 6 c
The Budget Of The Fund
The Fund shall draw up for each financial year its draft budget on the basis of
the amounts reported by the Ministry according to the law on budgetary
^ rules 44) and submit it to the Government through the Ministry of always
until 31 December 2006. of August. The Government shall submit the draft budget to the Fund after any
the changes that it will carry out, together with a draft of the State budget on the
that same year, to the approval of the Chamber of Deputies.
section 7 of the
Bodies Of The Fund
(1) the authorities of the Fund consists of the Director of the Fund (hereinafter "the Director") and the supervisory
the Council of the Fund (hereinafter referred to as "Supervisory Board").
(2) the details of the activities of the Fund, on the organisational arrangements of the Fund and the
its synergy with the Ministry shall determine the rules of the Fund, which approved
the Minister of agriculture. The organizational arrangement of the Fund is based on the relevant
the legislation of the European Union.
(3) the members of the Supervisory Board, the Director and the staff of the Fund and of the person under section
12A paragraph. 4 are required to maintain the confidentiality of facts which
in the context of its activities in the pool learned; This is without prejudice to
the obligation of the Fund to provide to third parties information about it, to whom, in what
amount and for what purpose it was granted.
(4) the Fund is obliged to require that a person who breached the obligation to
in accordance with paragraph 3, released the property benefits that this negotiation
acquired or transferred to corresponding rights on the Fund. This is not a
without prejudice to the right of the Fund to pay compensation.
(5) the members of the Supervisory Board who are not members of this authority by virtue of their
functions in the administration or in the Legislative Councils, compensation
travel expenses related to the performance of their functions in the same
as employees. ^ 17)
(6) the amount of the salary of the employees of the Fund are governed by specific legal
18. ^ ^)
§ 8
cancelled
§ 9
The Director and his Deputy
(1) a statutory body of the Fund is the Director. The Director directs the activities of the Fund and
shall decide on all matters which do not belong to the scope of the Supervisory Board.
(2) functions of the Director is incompatible with membership in the Supervisory Board.
(3) the selection, appointment and dismissal of the Director, is governed by the State
service and, mutatis mutandis, the provisions of the law on State service
the selection, appointment and dismissal of the head of the staff of the Office in another
the Administrative Office.
(4) the Director shall represent the Fund and acting on its behalf.
(5) the Director shall be appointed and dismissed by a representative, that it for its
absence represents the full extent of his powers and responsibilities in the
management of the Fund. If the Director of the Fund has been revoked or give up if their function,
shall exercise his powers to the full extent of his representative, to the time of
the appointment of the new Director of the Fund.
§ 9a
The scope of the Ministry of
The scope of the Ministry include
and) to decide on the appeal lodged against the decision of the Fund, if this
the law provides otherwise, the
(b) approve the proposed budget of the Fund) and submit it to the Government,
(c) to approve the amount of the loan), pursuant to section 6a of paragraph 1. 6,
(d)) to decide on the waiver or partial waiver of the obligation to pay
the finance charge of extraordinary and special considerations of reasons if the
special legislation provides otherwise, the
(e) the control of the Fund and management) management of public resources
financial aid in accordance with according to the law on financial control ^ 19),
(f) carry out internal authentication) management and control system of the Fund
According to the law on financial control ^ 19).
§ 10
The Supervisory Board
(1) the Supervisory Board is the supervisory body of the Fund. The Supervisory Board supervises
activity and management of the Fund and its bodies. The Supervisory Board at its
the activities of the
and the fulfilment of the Mission of the Fund) checks and all the activities of the Fund and its
authorities,
(b)) approved the financial statements drawn up to the balance sheet date and is expressed
the draft budget of the Fund and to the annual report of the Fund.
(2) the Supervisory Board is five. Chairman of the Supervisory Board is a member,
Vice-Chairman of the Supervisory Board is a Senator. Chairman of the Supervisory Board and the other 3
members of the Supervisory Board is elected and removed by the Chamber of deputies of the Czech Parliament
of the Republic. Vice-Chairman of the Supervisory Board is elected and removed by the Senate of the Parliament
Of the Czech Republic. The amount of rewards associated with the performance of the functions of a member of the supervisory
the Council shall establish the Statute of the Fund.
(3) the term of Office of members of the Supervisory Board is four years. After the expiry of the
term of Office of members of the Supervisory Board shall exercise the function of the Supervisory Board
in the election of his successor in Office. In the event that, in the course of the term of Office
period in the Supervisory Board to the Chairman of the Supervisory Board mandate expires
^ 20) or the Deputy Vice-President of the Supervisory Board mandate the Senator ^ 20)
perform a function in the Supervisory Board to select his successor in Office.
(4) the Members of the Supervisory Board may not be employees of the Fund.
(5) the Supervisory Board shall be convened by its President and governed by or
Vice Chairman. The Supervisory Board is quorate if its
attend the meetings personally, by an absolute majority of the members including the Chairman or
Vice-Chairman of the Supervisory Board. The decision of the Supervisory Board must consent
by an absolute majority of the votes of all members. Chairman or Vice-Chairman
the Supervisory Board shall within 14 days from the date of receipt of the request
convene the Supervisory Board, if the invitation request at least 3 members
of the Supervisory Board.
§ 11
Subsidies
(1) the Fund provides grants in accordance with this Act, the Act on
Agriculture, the Government issued regulations for their implementation and by directly
applicable regulations of the European Union concerning the financing of the common
agricultural policy ^ 21).
(2) when deciding on the award of grants, the Fund has a position of authority
the public administration.
(3) The procedure for granting subsidies and decision-making in it do not apply
the deadline for the issuance of the decision, the provisions on the obligation to allow participants
proceedings before the release of the decision in a case comment on the background
the decision, the provisions on the notification of the parties on the implementation of the evidence
outside of the the oral proceedings, the provisions on the implementation of the record of the evidence
the Charter and the provisions of the resolution of the issue in the implementation of evidence examination
things on the spot according to the administrative procedure.
(4) the Grants on the measures, part of which is the preparation and submission of
a project by the applicant for the grant, provides the Fund on the basis of the agreement on the
the granting of a subsidy, which contains
and the applicant's identification data),
(b)) identification data of the Fund,
(c) the amount provided)
(d)) the purpose of which is the amount determined,
(e)) the period within which it is to be provided for the purpose achieved,
(f)) other conditions that the recipient must, in connection with the use of subsidies
meet,
(g) the date of conclusion of the agreement).
(5) at the conclusion of the agreement on the granting of the subsidy referred to in paragraph 4 is not legal
the claim. If the application for a subsidy Fund before the date of the conclusion of the agreement in accordance with
does not comply with paragraph 4, shall inform the applicant without undue delay
the reasons for non-compliance. In the event that such disclosure would be contrary to the Fund
the conditions under which the subsidy is granted, the Ministry of the
the resolution shall be abolished.
(6) the Fund for the implementation of programmes of support activities, which are financed by the
exclusively from national sources on the basis of the credentials of the Ministry under section 2d
the law on agriculture, provides funding, on the basis of the agreement on
the granting of subsidies.
(7) the Fund and beneficiary are required to keep for a period of 10 years
documents proving the provision and use of subsidies.
(8) an application for the granting of subsidies and other submissions can be made also in the
electronic form through electronic applications to the Fund, to
that will set up a fund to access on demand. The application for the granting of subsidies and
other submissions made through the electronic application to the Fund
accessible in a way that allows remote access does not require the signature of
a recognised electronic signature.
section 11a
Repayment of subsidies and penalties
(1) in the case of undue payment of the subsidy covered wholly or partially
the funds from the budget of the European Union shall proceed according to the Fund directly
the applicable regulation in the European Union ^ 22) and in accordance with this Act.
(2) in the case of undue payment of the subsidy granted exclusively to national
resources of the Fund shall act in accordance with this Act. The management of the reimbursement Fund
initiate no later than 10 years from the date of its payment.
(3) the deadline for the repayment of the subsidy is calculated from the delivery of the decision of the Fund
recipients of subsidies. In the case of a subsidy granted solely from the national
the resource is there a time limit for reimbursement of 60 days.
(4) in the case where the beneficiary fails to comply with the time limit set for its
return, the Fund is required to pay a penalty of 1 day from the amount
the subsidy, which is required to return, up to the amount of this sum ^ 23).
(5) in the case of undue payment of the subsidy referred to in paragraph 1, the management of the Fund
her return does not start, if the amount of subsidy, which is bound to the recipient
the subsidy Fund to pay does not exceed the amount provided for directly applicable
Regulation of the European Union.
(6) in the case of undue payment of the subsidy granted exclusively to national
sources of Fund management on its repayment does not start, if the amount of the subsidy or
the finance charge, which is obliged to reimburse the beneficiary of the Fund do not exceed
individually the amount of 1 500 Czk.
(7) the procedure for the repayment of the subsidy referred to in paragraphs 1 and 2 and to the proceedings for the obligation
pay the finance charge referred to in paragraph 4 shall be terminated by decision issued by the Fund;
reimbursement and the payment of a penalty enforced by the Fund.
(8) in the event of unauthorized use or interception of funds
of the subsidies, which are completely or partially covered by the funds received from the
The National Fund and the detention of those funds intended to return when
the Bill, paragraphs 1 to 7 shall not apply. Administration of the levy for breach of
budgetary discipline in accordance with the law on budgetary rules ^ 25) carry out
financial authorities.
(9) when deciding on the return of subsidies and of the obligation to pay the finance charge
in accordance with paragraphs 1 to 7 of the Fund has the status of a public authority; the law on the
budgetary rules will not apply.
(10) if the beneficiary fails to fulfil the obligation to return the unauthorized payment
the subsidy referred to in paragraphs 1 and 2, or the obligation to pay the finance charge referred to in
paragraph 4, the Fund can count an unjustified payment of subsidies and penalties to
subsidies, for which the provision fulfilled the conditions.
section 11b
cancelled
§ 11 c
cancelled
section 11 d
Production quotas and their system
(1) for the performance of the individual production quotas can be used only for agricultural
product or foodstuff originating in the Czech Republic from the agricultural
materials originating in the Czech Republic, except where directly applicable
Regulation of the European Union, otherwise the product or the foodstuff may not
be used to carry out individual production quotas for more than one
the person authorized to dispose of the individual production quota, which was
individual production quota, or that the individual
production quota acquired from other persons authorised to dispose of
individual production quota (hereinafter referred to as ' the holder ').
(2) the individual production quota or part of the quota holder may
convert a written contract, to another person (hereinafter referred to as "the transferee quota").
(3) the transfer referred to in paragraph 2 shall immediately notify the purchaser of the quota
The Fund.
(4) the transferee Fund quotas, within 15 days from the date of delivery of the notification issue
a written confirmation that the transfer of individual production quotas or
its part of the records are subject to the conditions laid down in this law and the
the regulations of the Government.
(5) the provisions for the transition of the quota paragraphs 3 and 4 apply mutatis mutandis.
(6) the holder of a quota, which produces sugar, is obliged to ensure production
installations for the production of sugar measures that allow you to check the
the quantities of sugar beet, and at any stage of the production check
produced a quantity of sugar or potato starch.
(7) the Government under the terms of the system of production quotas by regulation shall lay down the
and the way the initial allocation) individual production quotas
individual applicants in compliance with the principle of equal access to all
applicants and objective method of calculation of the individual production
quotas,
(b)) way to fulfilling the conditions of the distribution of provisions and, if it is
reserve a part of the system of production quotas, according to European Union legislation,
(c)) to the extent required for the functioning of the system of production quotas
the information that the holders of quotas, or other persons as defined
Regulation of the Government shall be obliged to provide to the Fund,
(d)) the conditions under which the holder of the Fund quotas will reduce individual
production quota
(e)) the details concerning the measures for the detection of the quantities processed
sugar beet and produced a quantity of sugar,
(f)) other measures arising from the directly applicable European regulation
the community.
section 11e
Milk production quotas
(1) on the classification of natural or legal persons in the register of customers
milk Fund shall issue to that person a certificate. If the Fund finds that the Subscriber
Once again violated the obligation referred to in paragraph 2, shall decide on the withdrawal of the
certificates and removal from the register of purchasers of milk. In deciding on the
the inclusion of natural or legal persons in the register of purchasers of milk and
deciding on the withdrawal and disposal of the records of the purchasers of milk
the administrative procedure applies with the exception of the time limits and the exceptional provisions
resources.
(2) the purchaser of milk is required to
and record the performance of quota) vans delivering to him the quota holders,
(b) at the request of the holder of quota) to inform the customer of the amount of other
raw cow's milk supplied to him by this quota holder,
(c) notify without delay to the launch of the Fund) of the insolvency proceedings or entry into
the liquidation.
(3) the producer of raw cow's milk is the milk before the start of deliveries
new customer shall notify the Fund this customer ^ 29)
on forms issued by the Fund. In the event that the producer intends to deliver
raw cow's milk more subscribers, is obliged to Fund before starting
the supply of milk to announce the volume of individual production quotas for milk,
the evaluation of the performance of each of its customers.
section 11f
The production of quota sugar
Individual production quota sugar holder cannot transfer to another
the person.
§ 11 g
cancelled
§ 11
The financial benefits from the production of sugar
(1) the Fund saves producers of sugar in the framework of the system of production quotas for sugar
the financial benefit of sugar production in accordance with the particular legal
^ regulation 29) for the purpose of ensuring the levy of the own resources to the General
the budget of the European Union.
(2) when deciding on the obligation to pay financial benefit from sugar production
the Fund has the status of a public authority.
(3) the financial benefits from the production of sugar, the Fund and charges exacted on them in
accordance with the specific legislation. ^ 29)
(4) if the manufacturer fails to comply with the obligation to pay financial sugar dose of
sugar production within the time limit set out by a final decision, is required to
pay the Fund a penalty of 1% per day of the imposed financial benefits from the
sugar production up to the date of crediting to the account of the Fund, but not to the
the amount saved the financial benefits from the production of sugar.
(5) the Fund is obliged to point out the account specified by the Ministry of finance
final decision laid down the amount of sugar production levies
reduced costs associated with their choice of set special
^ 29 law.)
section 11i
cancelled
section 11j
Obligations arising from the right of the applicable regulation in the European Union
Persons subject to the measures referred to in section 1 (1). 2, are required to
comply with the obligations arising from the right of the applicable regulation
the Union.
§ 12
Requiring the provision of information and cooperation
(1) the Fund is entitled to free of charge to request information necessary for the
the implementation of the activities referred to in section 1 (1). 2, including data from records kept by the
According to the law on wine-growing and Winery, the law on the protection of hops,
the law on agriculture, including aerial photography map, the law on plant health
the law on the care and breeding, breeding and registration of livestock,
and data from the forest plans and forest curriculum
According to § 24 and 25 of the Act on forests, and in the handling of personal information
natural persons shall proceed under special legislation. ^ 30)
(2) information on the implementation of the activities of the Fund pursuant to § 1 (1). 2 regularly
exposes. At the request of the State, organs of organisational units of the territorial
authorities and interest groups, as well as for the need for performance
functions of the Fund will provide the requested information about its activities and management.
(3) the Fund shall cooperate with the authorities of other Member States or the future
the Member States of the European Union with the same or similar scope,
including the provision of technical assistance.
(4) the Fund is entitled to the activities referred to in section 1 (1). 2 make use of social security numbers
in accordance with a special law ^ 31).
§ 12a
Check
(1) the Fund is authorized to perform, even without reporting, control
and the accuracy of the data) of natural and legal persons referred to in the applications
administered the Fund,
(b) the fulfilment of the obligations and conditions) resulting from the decision issued and
contracts and agreements under section 1 (1). 2,
(c) the accuracy of the information provided by the Fund) in accordance with this law, the law
Agriculture and government regulation issued for their implementation,
(d) the fulfilment of the obligations arising from the) directly applicable regulation
The European Union, unless specific legislation provides otherwise.
(2) in the performance of the checks referred to in paragraph 1 the Fund shall proceed against the physical and
legal entities (hereinafter referred to as "controlled person") under control
procedure, the law on Agriculture ^ 33) and under this Act and in accordance with the law on the
financial control ^ 19). This is without prejudice to the exercise of control by directly
applicable European Union legislation concerning common rules for the
direct support schemes under the common agricultural policy, the support for
rural development from the European agricultural fund for rural development
(EAFRD), the common organisation of the agricultural markets ^ 34).
(3) If the documents required for the controlled persons or persons is not sufficient
for the proper implementation of the control, the Fund is entitled to request documents from the
the other person, and to the extent necessary for the verification of the facts having
a link with the activities of persons controlled or required of persons, which is
the subject of the inspection. This person shall within the prescribed period of such
documents of the Fund to submit, control and performance of the Fund allow it
interact. The rights and obligations of the Fund, and this person is governed by the control
of procedure, mutatis mutandis, with the purpose of the control must be filled in to ensure
to ensure that the rights and protected interests of this person have been affected in the slightest
to the extent possible.
(4) the inspection referred to in paragraphs 1 to 3 shall be exercised by the Fund through its
employees or other individuals, which for this purpose shall instruct
According to the directly applicable European Union regulation on the financing of the common
agricultural policy. The Fund may, by directly applicable regulation
The European Union on the financing of the common agricultural policy, to entrust the
power control of a legal person; in this case, the legal person
in accordance with the inspection procedure.
(5) the Control referred to in paragraph 1 (b). (b)), and (d)) and paragraph 3 shall
under its scope provided for by specific legislation ^ 35) also
administrative offices-driven Ministry.
(6) in the performance of the checks referred to in paragraphs 1 and 3, the Fund shall be entitled to request
analyses of the samples of agricultural products by the Directorate General
duties.
(7) the Staff carrying out the control shall exercise control
activities demonstrate the employee card Fund, which is at the same time
proof of their credentials for review.
(8) in the performance of the checks referred to in paragraphs 1 to 3 shall not be entitled to compensation
for the samples.
(9) On the performance of the checks by remote sensing, including
rapid field visits, according to the directly applicable European regulation
Union ^ 42) not covered by the control procedure; the provisions of the control of the order of the
entry into the land and equipment, the rights shall apply mutatis mutandis.
(10) for the purposes of checks by the authorities of the European Union or by the authorised
persons, the provisions of paragraphs 1 to 9 apply mutatis mutandis.
(11) the Fund is the body responsible for carrying out checks on compliance with the criteria
eligibility under the regulation directly applicable in the European Union
adjusting the rules for cross-compliance, modulation and the integrated
Administration and control system ^ 36).
(12) in the event that it is not possible to check some of the conditions on which
grant is bound, and it is not about the destruction of the checks referred to in
the regulation directly applicable European Union ^ 37), this
condition not being fulfilled.
section 12b
The provision of data from other information systems
(1) the Ministry of the Interior or the police of the Czech Republic provides the Fund
for the performance of the scope of this law
and data from Basic) reference population register,
(b)) the data from the agendového information system of the population register,
(c)) the data from the agendového information system for foreigners.
(2) Information Provided pursuant to paragraph 1 (b). and) are
and last name)
(b) the name, if applicable) passenger names,
(c) the address of the place of stay)
(d)) of the date, place and County of birth; for the data subject, who was born in
abroad, the date, the place and the State where he was born,
(e)) of the date, place and County of death; in the case of the death of the data subject outside the territory
The Czech Republic, the date of death, place and the State on whose territory the death
has occurred; If the decision of the Court on the declarations for the dead, the day
that is the decision given as the day of death or the day that the body
data declared dead survived, and the date of the entry into force of this
the decision,
(f) citizenship, where applicable) more state citizenship.
(3) Provided the information referred to in paragraph 1 (b). (b))
and the personal name, if applicable), name, surname, maiden name,
(b) the date of birth),
(c) the address of the place of residence),
d) citizenship, or more of State citizenship,
(e)) the beginning of permanent residence or cancellation date data on the place of
permanent residence or the date of their permanent residence on the territory of the Czech
of the Republic,
(f)), mom,
(g)), social security number,
(h)), the date, place and County of death,
I) day, who was in the Court decision on the Declaration for the dead mentioned
as the day of death or the date on which the data subject declared dead
survivors.
(4) the information Provided under paragraph 1 (b). (c))
and the personal name, if applicable), name, surname, maiden name,
(b) the date of birth),
(c)) instead, and the State where the alien was born,
d) citizenship, or more of State citizenship,
(e)) the kind and the address of the place of stay,
(f) the number and validity) permission to stay,
(g)) the beginning of the stay, where appropriate, the date of their stay,
h) restriction, mom,
and social security number),
(j)) of the date, place and County of death,
k) day which was the decision of the Court on the declarations for the dead mentioned
as the day of death or the date on which the data subject declared dead
survivors.
(5) data that are kept as reference in the principal registry
the population recovered from the agendového information system registration
of the population or agendového information system for foreigners only if they are
in the shape of the previous status quo.
(6) the data provided can be used in a particular case only
such information, which are necessary to fulfil that task.
§ 12 c
Misdemeanors
(1) a natural person has committed the offence by
and fails to comply with the obligation to information) of the Fund provided for in the implementing
the law, issued under section 1 (1). 3 or the Fund shall inform the
falsely,
(b)) to fulfil obligation directly applicable provision of the European
Union in the field of common organisations of the market, direct aid and national
supplementary aid for direct aid, structural measures and
The rural development programme.
(2) for the offence referred to in paragraph 1 may be fine in the
and 250 000 CZK), if the offence under (a)),
(b)) 1 0000 0000 CZK in the case of the offence referred to in subparagraph (b)).
Section 12d
Administrative offences of legal persons and natural persons-entrepreneurs
(1) Legal or natural person established by the administrative
tort by
and fails to comply with the obligation to information) of the Fund provided for in the implementing
the law, issued under section 1 (1). 3 or the Fund shall inform the
incorrectly,
(b)) to fulfil obligation directly applicable provision of the European
Union in the field of common organisations of the market, direct aid and national
supplementary aid for direct aid, structural measures and
The rural development programme.
(2) for the administrative offence referred to in paragraph 1 are imposed to
and 250 000 CZK), with respect to the administrative offence under (a)),
(b)) 1 0000 0000 CZK in the case of an administrative offence referred to in subparagraph (b)).
§ 12e
Common provisions in administrative deliktům
(1) a legal person under the administrative tort does not match, if he proves that
made every effort, that it was possible to require that the infringement of the
a legal obligation.
(2) The liability for the acts, which took place in the business of physical
person or in direct connection with the applicable provisions of the law on
the liability of legal persons and sanctions.
(3) in determining the acreage of the fine legal person shall take into account the seriousness of the
the administrative tort, in particular, to the way its committing, duration, to
its consequences and circumstances under which the offence was committed was administrative.
(4) the responsibility for the administrative offence shall cease, if the administrative authority about him
has commenced proceedings in the 2 years of the date on which it learned, no later than
However, within 4 years after the date when the administrative offence committed.
(5) administrative offences under this law are heard at first instance
The Fund. When discussing the administrative offences has the Fund status authority
the public administration.
(6) the financial penalty is payable within 30 days of the date when the decision on its imposition
has acquired power.
(7) the Fines collected and enforced by the Fund.
(8) income from fines is the income budget of the Fund.
section 13
cancelled
§ 13a
cancelled
§ 13b
(1) where in the directly applicable regulations of the European Union, which
the Member States of the European Union ordering or allow you to perform
a separate edit according to their discretion, talking about
and the Office, the relevant) the Central Office or the competent authority,
This means in the implementation of the activities referred to in section 1 (1). 2 for the purposes of this
the Act and its implementing legislation issued by the Fund, if the
special legislation provides otherwise, the
(b)) the supervisory authority or control, this means when
the implementation of the activities referred to in section 1 (1). 2 for the purposes of this Act, and
implementing legislation has been issued by the Fund, if the specific legal
the regulation provides otherwise, the
(c)), the export refund shall mean for the purposes of this Act, and
issued by the implementing legislation on export subsidies under this
the law,
(d)) certainty, means, for the purposes of this Act and issued to him
the implementing legislation of the warranty under this Act,
e) quota sugar and quota sugar and B sugar quota, individual
the reference quantity for deliveries of milk, for the direct sale of milk means
This is for the purposes of this Act and its implementing laws issued
the laws of the individual production quota under this Act,
(f)), the promotion, the subsidy grant, refund, premium, premium, payment,
help or contribution, means, for the purposes of this Act and to
It issued the implementing legislation grants under this Act.
(2) where in the legislation referred to in paragraph 1 is talking about
measures to ensure compliance with the obligations and the uniform application of
the requirements laid down by that legislation, or deleting
the shortcomings identified, means in the implementation of the activities referred to in section 1 of the
paragraph. 2 the corresponding measures referred to in this law.
§ 13 c
The provision of funds an organization State
(1) the Fund transferred the funds the Organization State 41) on ^ ^
the implementation of activities in the areas of the common agricultural policy and the common
fisheries policy of the European Union on the basis of the measures under the terms of
set out in the applicable regulations of the European Union itself. O converted
funds can exceed the total expenses of the State budget
approved by the law on the State budget.
(2) the business of the State shall apply the folder transferred the funds to the
the purposes laid down in paragraph 1.
section 13d
The Staff Of The Fund
(1) on the staff of the Fund, who carry out the activities referred to in section 5 of the
the law on the civil service, are covered by the law on the civil service.
(2) the Fund shall be considered as a business office. For the head of the staff of the Office and
staff authority is deemed to be a Director.
(3) the Supervisor of the Fund's staff Office of the Ministry.
§ 14
Transitional provisions
(1) the date of entry into force of this law shall be repealed the State Fund market
Regulation in agriculture. This day pass all the rights and obligations of the
The State Fund of market regulation in agriculture, including the rights and obligations of the
labour relations of the employees of the State Fund of market regulation in the
Agriculture, on the Fund.
(2) the principle of the selection procedure for legal and natural persons for
intervention purchases and for export or sale of agricultural products and
the food included in the market regulation adopted by the State Fund market
the regulation applies to the adoption in agriculture policy under section 1 (1). 4.
(3) the principles regulating the market of individual agricultural products and foodstuffs
adopted by the State Fund of market regulation in agriculture, Council decision
The State Fund for market regulation in agriculture, the amount of subsidy for export
regulated products and other policies adopted by the State Fund market
Regulation of agriculture relating to the regulation of the market of the individual
agricultural products and foodstuffs to the adoption of measures for the implementation of the
organisation of the market in accordance with this Act.
(4) a proposal for the appointment of the first Presidium shall be submitted through the
the Minister of agriculture the statutory authorities of the institutions, which are in the Presidium
representation. Non-governmental institution bringing together farmers and non-governmental
institution bringing together customers for agricultural products, whose representatives
the members of the Executive Board, shall determine the agricultural Committee of the Chamber of Deputies
The Parliament of the Czech Republic within 60 days from the date of entry into force of this
the law. The proposal on the appointment of the Executive Board shall submit to the Minister of agriculture
the Government.
(5) the first meeting of the Executive Board shall take place within 30 days from the date of appointment
the Vice-President and the other members of the Presidium of the Government. The establishment of the Executive Board
carries out the scope of the Executive Board, with the exception of the provisions of § 8 paragraph. 5 (a). (g))
to) the Council of the State Fund of market regulation in agriculture. The appointment of the
the Director of the Government controls the Fund on a provisional basis, the Director of the State Fund market
Regulation in agriculture. The rights and responsibilities of the Director of the State Fund
market regulation in agriculture are limited to acts necessary for the activities of the
The Fund. The provisions on the scope of the Supervisory Board pursuant to section 10 applies in relation
to the Council of the State Fund of market regulation in agriculture, and the Director of the State
the Fund market regulation in agriculture, mutatis mutandis.
§ 15
Cancellation provisions
Shall be deleted:
1. Act No. 472/1992 Coll. on the State Fund of market regulation in agriculture.
2. Act No. 242/1995 Coll., amending and supplementing Act No. 472/1992
Coll. on the State Fund agriculture, market regulation, as amended by Act No.
10/1993 Coll.
PART THE SECOND
Amendment of the Act on the State budget of the Czech Republic for the year 1993
section 16 of the
In the law No. 10/1993 Coll., on the State budget of the Czech Republic for the year
1993, amending and supplementing certain laws of the Czech National Council and the
some other regulations, part eight deleted.
PART THE THIRD
The amendment to the law on the scope of the administration of State material reserves
§ 17
In section 6 of Act No. 97/1993 Coll., on the scope of the administration of the State material
reserves, after paragraph 1, insert a new paragraph 2 is added:
"(2) the Administration, in cooperation with the State agricultural intervention fund
coordinates the volumes and terms of inventory replenishment agricultural products and
food in reserve and their release for the domestic market and for the
any exports. ".
Paragraph 2 becomes paragraph 3.
PART THE FOURTH
cancelled
section 18
cancelled
PART THE FIFTH
Amendment of the Act on State statistical service
§ 19
In § 18 paragraph. 1 (a). and Act No. 89)/1995 Coll., on State statistical
the service, after the words "security information service", the words ",
The national agricultural intervention fund ".
PART SIX
The change of the Customs Act
section 20
Act No. 13/1993 Coll., the Customs Act, as amended by Act No. 113/1997 Coll. and
Act No. 63/2000 is amended as follows:
1. In section 5 (3). 3, after the words "other public authorities", the words "and
The national agricultural intervention fund ".
2. Footnote. ^ 3a):
"3a) Law No. 101/2000 Coll., on the protection of personal data and amendment
Some laws.
section 24 and 36 of Act No. 337/1992 Coll., as amended.
Act No. 256/2000 Coll., on the State agricultural intervention fund and the
change of certain other laws (the law on the State farm
the intervention fund). ".
PART SEVEN
cancelled
section 21
cancelled
PART EIGHT
The EFFECTIVENESS of the
section 22
(1) this law shall enter into force on the date of publication.
(2) the provisions of § 8 shall expire on the date of the accession treaty
The Czech Republic to the European Union.
Klaus r.
Havel in r.
in the from the. r. Rychetský in
Selected provisions of the novel
Article. IV of law No 35/2008 Sb.
The transitional provisions of the
The procedure for repayment, which has not been completed before the date of
the entry into force of this law shall be completed in accordance with the existing laws,
regulations.
Article. X of the Act No 291/2009 Sb.
The transitional provisions of the
The proceedings initiated and the unfinished on the date of entry into force of this Act
completes the existing legislation.
Article. ARTICLE XXVIII of the Act No. 239/2012 Sb.
The transitional provisions of the
Approval of the financial statements in accordance with § 10 (1). 1 (a). (b)) Law No.
256/2000 SB., as amended effective from the date of entry into force of this Act,
for the first time for the financial year 2012.
Article. In Act No. 179/2014 Sb.
The transitional provisions of the
The proceedings initiated pursuant to Act No. 256/2000 SB., as amended effective before the
date of entry into force of this law, and to this day been
the unfinished, completed according to the existing legislation.
section 28 paragraph 1). 2 of law No 218/2000 Coll., on the budgetary rules and the
changes to some related acts (budgetary rules), as amended by
amended.
1F) § 2 c of law No 249/1997 Coll., as amended.
3) Commission implementing Regulation (EU) No 282/2012 from 28 June. March 2012,
laying down common rules for implementing the system of securities for agricultural
products.
4) of Council Regulation (EC, Euratom) No 1150/2000 implementing
Council decision (EC, Euratom) no 728/1994 on the system of own resources
The community.
Council Regulation (EC) No 1234/2007 of 22 March. October 2007 establishing a
common organisation of agricultural markets and on specific provisions for
certain agricultural products (single CMO Regulation on the common organisation of the
markets), as amended.
Commission Regulation (EC) no 612/2009 of 7 December. July 2009
laying down common detailed rules for implementing the system of export refunds for
agricultural products, as amended.
9E) Article. 6 Council Regulation (EC) No 1868/94 establishing a system
the quota in relation to the production of potato starch, as amended
regulations.
Article. 14 and 16 of Commission Regulation (EC) No 97/95 implementing regulation
Council Regulation (EEC) No 1766/92 as regards the minimum price and the payment, which is
has to be paid to producers of potato, and Council Regulation (EC) No 1868/94 establishing a
establishes a quota system in relation to the production of potato starch in the
as amended.
9N) Council Regulation (EC) no 1788/2003 of 29 September 2003. September 2003
a levy in the milk and milk products sector, as amended.
10) section 2 c of the Act No. 252/1997 Coll., as amended.
Communication from the Ministry of Foreign Affairs No. 4/2002 Coll., m. s., the negotiation
The multiannual financing agreement between the Czech Republic and by the Commission of the European
the community on behalf of the European Community.
Council Regulation (EC) No 1083/2006 of 11 July. July 2006 concerning the General
provisions on the European regional development fund, the European
Social Fund and the Cohesion Fund and repealing Regulation (EC) No.
1260/1999, as amended.
Council Regulation (EC) no 1198/2006 of 27 January 2006. July 2006 on the European
Fisheries Fund, as amended.
12) Section 2b and 2 c of law No 249/1997 Coll., as amended.
13) section 37 and 38 of the Act No. 218/2000 Coll., as amended.
14) Act No. 219/2000 Coll., on the Czech Republic and its
in legal relations, as amended.
15), for example, Commission Regulation (EC) No 885/2006 of 21 April. June 2006,
laying down detailed rules for the application of Council Regulation (EC) No 1290/2005,
as regards the accreditation of paying agencies and other bodies and
approval of the accounts of the EAGF and the EAFRD, as amended.
17 of the labour code).
18) Act No. 143/1992 Coll., on salary and remuneration for stand-by duty in
the budget and certain other organisations and bodies, as amended by
amended.
19) Act No. 320/2001 Coll., on financial control in the public administration and of the
amendments to certain acts (the Act on financial control), as amended by Act No.
320/2002 Coll., Act No. 123/2003 Coll., Act No. 426/2003 Coll., Act No.
421/2004 Coll., Act No. 482/2004 Coll., Act No. 626/2004 Coll., Act No.
377/2005 Coll., Act No. 137/2006 Coll., Act No. 342/2006 Coll. and act
No 298/2007 Sb.
20) Commission Regulation (EC) No 800/1999 of 15 April 1999. April 1999
laying down common detailed rules for implementing the system of export refunds for
agricultural products, as amended.
21) Council Regulation (EC) No 1782/2003 of 29 September 2003. September 2003
common rules for direct support schemes under the common
agricultural policy and establishing certain support schemes for
farmers, and amending Regulation (EEC) No 2019/93, (EC) No.
1452/2001, (EC) no 1453/2001, (EC) No 1454/2001, (EC) No 1868/94, (EC)
No 1251/1999, (EC) no 1673/2000, (EEC) no 2358/71 and (EC) no 2529/2001,
in the current version.
Council Regulation (EC) No 1290/2005 of 21 June 2005. June 2005 on the financing of the
the common agricultural policy, as amended.
Council Regulation (EC) No 1698/2005 of 20 December 2005. September 2005 on support for
rural development from the European agricultural fund for rural development
(EAFRD), in its up-to-date version.
Commission Regulation (EC) No 885/2006 of 21 April. June 2006
lays down the detailed rules for the application of Council Regulation (EC) No 1290/2005, as
about the accreditation of paying agencies and other bodies and the clearance of
accounts of the EAGF and EAFRD, as amended.
Council Regulation (EC) No 1234/2007 of 22 March. October 2007 establishing a
common organisation of agricultural markets and on specific provisions for
certain agricultural products (single CMO Regulation on the common organisation of the
markets), as amended.
Council Regulation (EC) No 73/2009 of 19 October. January 2009 laying down
common rules for direct support schemes under the common agricultural
policy and establishing certain support schemes for farmers and
amending Regulation (EC) No 1290/2005, (EC) no 247/2006, (EC) No.
378/2007 and repealing Regulation (EC) No 1782/2003.
22) Commission Regulation (EC) No 885/2006, as amended.
Regulation of the European Parliament and of the Council (EU) no 1306/13 of 17 November 2003.
December 2013 for funding, managing and monitoring the common agricultural
policy and repealing Council Regulation (EEC) no 352/78, (EEC) No 165/94,
(EC) No 2799/98, (EC) no 814/2000, (EC) No 1290/2005 and (EC) No.
485/2008.
Commission Regulation (EC) no 1122/2009 of 30 November November 2009
lays down the detailed rules for the application of Council Regulation (EC) No 73/2009 as regards the
cross-compliance, modulation and the integrated administration and control system
direct support schemes for farmers provided for in that
Regulation, and to Council Regulation (EC) No 1234/2007, as regards cross-compliance
in the framework of the direct support scheme for the wine sector, as amended.
Commission Regulation (EU) No 65/2011 from 27 June. January 1, 2011
lays down the detailed rules for the application of Council Regulation (EC) No 1698/2005, as
on the implementation of cross-compliance control procedures and with regard to measures to
support for rural development, as amended.
23) Article. 5 (3). 1 (a). (b)) of Council Regulation (EC) No 2988/95 of 18 December 1995.
December 1995 on the protection of the financial interests of the European communities, in
as amended.
25) Law No 218/2000 Coll., as amended.
29) Council Regulation (EC) No 1234/2007, as amended.
30) Law No. 101/2000 Coll., on protection of personal data and on amendments to certain
laws, as amended.
31) Law No. 133/2000 Coll., on registration of population and social security numbers and the
amendments to certain acts (the Act on the registration of inhabitants), as amended
regulations.
33) Law No. 252/1997 SB., as amended.
Council Regulation (EC) No 1698/2005, as amended.
Council Regulation (EC) No 1234/2007, as amended.
Council Regulation (EC) No 73/2009.
35) for example, Act No. 147/2002 Coll., on the central control and test
the Institute of agriculture and amending certain related laws (the law on the
Central control and testing Institute of agriculture), as amended by
amended, law No 146/2002 Coll., on the State of the agricultural and
food inspection and amendment to some related laws, in
as amended, law No 166/1999 Coll. on veterinary care and
on the amendment of certain laws (health law), as amended
law, Act No 326/2004 Coll., on phytosanitary care and amendments
some of the related laws, law No. 154/2000 Coll., on the breeding,
breeding and registration of farm animals and amending certain
related laws (law plemenářský).
36) title III, chapter II of Commission Regulation (EC) no 1122/2009, as
the text of the.
Article 37). 26 paragraph. 2 Commission Regulation (EC) no 1122/2009, as amended.
38) section 1 of Act No. 133/2000 Coll., as amended by law No 53/2004 Sb.
39) Act No. 40/1993 Coll. on acquisition and dispose of citizenship
The Czech Republic, as amended.
41) Act No. 219/2000 Coll., on the Czech Republic and its
in legal relations, as amended.
section 45 of Act No. 218/2000 Coll., as amended.
Article 42). 35 of Commission Regulation (EC) no 1122/2009, as amended.
§ 44, paragraph 43). 2 of law No 218/2000 Coll., as amended.
§ 8b, paragraph 44). 3 of Act No. 218/2000 SB., as amended by Act No. 482/2004
SB.
