On The Protection Against Subsidised Imports

Original Language Title: o ochraně před dovozem subvencovaných výrobků

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now

Read the untranslated law here: https://portal.gov.cz/app/zakony/download?idBiblio=49124&nr=63~2F2000~20Sb.&ft=txt

63/2000 Sb.



LAW



of 24 July 2003. February 2000 on the protection against subsidised imports and the

Amendment of the Act No. 2/1969 Coll., on establishment of ministries and other Central

Government of the Czech Republic, as amended, and

Act No. 13/1993 Coll., the Customs Act, as amended



Change: 413/2005 Sb.



Change: 227/2009 Sb.



Modified: 18/2012 Sb.



Parliament has passed the following Act of the United States:



PART THE FIRST



PROTECTION AGAINST SUBSIDISED IMPORTS



TITLE I OF THE



GENERAL PROVISIONS



§ 1



The subject of the edit



This Act regulates the protection of domestic industry compensation

duties prior to the imported products, on whose production or exports was in

abroad given the disabled or countervailable subsidies. For this

the purpose of the principles for the assessment of subsidies, discovery and assessment

injury to the domestic industry, the procedure for the investigation of the complaint concerning imports

of the subsidized product, and for the management of a countervailing duty.



§ 2



Definition of terms



For the purposes of this Act shall mean:



and) subsidies from public funds provided a financial contribution or

any other direct or indirect financial support or subsidies of these

resources and relief from tax or other obligations, which brings the advantage

beneficiaries of subsidies; the subsidy is not exempt exported products from the

export duties or taxes that are applied to similar products

for domestic consumption,



b) specific subsidy that is not provided by the Board and

automatically, which means that it is intended only for the specific production

sector or activity, for a specific geographical area or for certain

business entities and access to it is restricted by law or

by a decision of a public authority,



(c)) non-specific subsidies, subsidies granted to the Board and

automatically on the basis of the conditions laid down by the legislation in

maintaining equality for all subjects



(d)) a countervailable subsidy a subsidy which is causing injury survey and

the assessed pursuant to § 4 and non-countervailable subsidies or not prohibited,

including a subsidy on an agricultural product that is in conformity with the obligations of the

export and other subsidies,



e) a prohibited subsidy subsidies provided, depending on the results of the

export or upon the use of domestic over imported goods; u

an agricultural product is a prohibited subsidy on agricultural subsidies

the product for which the limit was exceeded on export subsidies the agreement on

Agriculture of the World Trade Organization and the commitments of the Member of the world

Trade Organization, to which it committed itself, within the meaning of the Charter Member

concessions and commitments of that Member,



(f) non-countervailable subsidies, non-specific subsidies), specific subsidies,

which has not been found to be interviewed and assessed the damage referred to in paragraph 4, the subsidy

granted for the agricultural product in accordance with the criteria set out in

Annex No. 2 of this Act and on subsidies granted by

the subsidizing country



1. to help the research activities carried out on a contractual basis, if

This assistance consists of a maximum of 75% of the costs of industrial research or 50% of the

of the costs of pre-competitive development activity, provided that such assistance

provides exclusively on personnel costs researchers, technicians and

other auxiliary staff, the costs of instruments, equipment, land

and buildings, of the costs of consultancy and equivalent services to additional

overhead, on the other costs of production and material costs and

supplies,



2. for the development of disadvantaged areas of the subsidizing country provided that

the last 3 years, income per person or per household or gross

domestic product in these areas is less than 85% of the average income

or the gross domestic product per person subsidizing country or that the rate of

unemployment in these areas is at least 110% of the average of the rate

the subsidizing countries, unemployment



3. as a one-time contribution to the reconstruction and modification

existing production facilities caused by the requirements for the improvement of the

the environment laid down law provided that this post

is provided within a maximum of 20% of the cost of reconstruction and editing, and that is

This post available to all product manufacturers who are interested in

reduce the impacts of its production on the quality of the environment,



(g)) the subsidised product, the product whose manufacture or export was in the

abroad countervailable subsidy, or disabled



(h)) the same or similar product a product that is produced in the territory of the country

and it is in all of the characters the same or comparable product imported from the

country of export or has similar characters, the composition and properties as the product

imported and can be interchangeable with imported product



I) exporter of natural or legal person, which exports products from the country

of origin or export in the Czech Republic,



j) the domestic industry sector, which includes manufacturers of the same

or of the like product in the Czech Republic as a whole; If these

producers related to exporters or importers of the subsidised product yourself,

It is understood by the industry sectors involving the rest of the producers; for

the connection is considered as the direct or indirect control of the brand

the exporter, or vice versa, or check both third party or common

review of the third party manufacturer and exporter,



k) export price price, ^ 1) for which the product is sold to the United

Republic,



l) harm significant damage to a domestic industry or material

the delay of the construction of a production of the same or of the like product in the Czech

Republic caused by the importation of the subsidized product,



m) a threat of injury, a condition where there is an immediate risk that the other

subsidized imports injury,



n) agricultural product product referred to in annex 1 of this Act,



of State or country) integration groupings, where, in a given

the case of the subsidy.



§ 3



The obligation of notification and registration of subsidies



Ministry of Finance (hereinafter referred to as "the Ministry") records the subsidies

provided by foreign Governments, of which the Czech Republic

informed in accordance with international agreements. This information provides

other ministries and other administrative authorities in accordance with their competence,

for the purposes of the exercise of State administration.



The detection and assessment of injury



§ 4



(1) the creation of injury or threat thereof, which is the result of imports

of the subsidized product, is a condition for the application of countervailing duties (§

19). in determining injury or threat thereof shall be reviewed, in particular,



and the volume and the increase in imports) of the subsidized product to the market of the Czech Republic

in absolute or relative terms in relation to the production or

consumption of the same or of the like product and the resulting change in the

the patterns of consumption,



(b)) the subsidy amount per unit of the subsidized product, export price

the imported product, store the imported product and the price of the same or

of the like product,



(c)) of the same or of unsold stock of the like product,



(d)) the downstream effect of imports on prices of the subsidized product of the same

or of the like product in the Czech Republic in connection with other

factors that affect prices on the domestic market, their effect on the

productivity and return on investment, to the actual or possible decrease in

production, demand and sales of the same or a similar product, the decline in

capacity utilisation, employment and profits in domestic production

sector,



(e)) the actual and potential negative effects on cash flow, the

inventory, wages and the ability to raise funds for investment, the actual

or likely negative effects on the increase of foreign direct

investment in the domestic industry, in the case of agricultural products

also, whether there has been an increase in the cost of Government support programmes,



f) restrictions on trade and competition between the foreign and domestic

manufacturers and reduce the ability of domestic entities to export production,



(g)) the slowdown in the domestic technology industry,



h) sufficient freely disposable capacity, or an imminent substantial

increase the capacity of the exporter indicating the likelihood of substantially

increased subsidized exports to the market of the Czech Republic, with

taking into account the availability of other markets to absorb more imports,



even manufacturers of the imported) connection of the subsidized product with domestic producers

the same or like product.



(2) in determining injury or threat thereof shall be reviewed and other

fact affecting the domestic industry concerned, the effects of

However, cannot be attributed to the subsidised imports. These facts are

in particular, the volume and prices of imports of the product, which is not subsidized, reduced

in demand or changes in the patterns of consumption and competition between

the foreign and domestic producers, developments in technology and the export performance of the

and productivity of the domestic industry.



(3) the emergence of injury or threat thereof shall be clearly documented.



§ 5



To the occurrence of injury or threat thereof does not occur if



and the product is not considered to be subsidized) under this Act at all, or granted

the subsidy is less than 1% of the export price, in cases where there is no export

the price is known, less than 1% of the customs value,




(b) the importation of the subsidized product) is negligible, i.e.. less than 2%

market share on the relevant market of the Czech Republic.



§ 6



The principles for the assessment of subsidies



For the assessment of the amount of a subsidy in terms of the benefits obtained

the recipient applies the following principles:



and the provision of capital to) share capital the company's Government business

the subsidizing country is not considered as conferring a benefit, unless

happened on normal commercial terms in the territory of the subsidizing country



(b)) Government loan is not considered an advantage, if there is no difference between the

the amount that the person receiving the loan pays for the Government loan, and

the amount that the person would pay on a comparable commercial loan

you could actually obtain on the market; the benefit is considered to be just

the difference between these two amounts,



(c)) Government is not considered an advantage, if there is no difference between the

the amount that the person receiving the guarantee pays on a loan guaranteed by the Government

the guarantee, and the amount that would be the person paid for a comparable

loan without government guarantees; the benefit is considered to be the only difference between these

two amounts,



(d)) the supply of a product or service or the purchase of a product the Government subsidizing

the country is not considered as conferring a benefit, if the usual has been negotiated

the price at which the goods or services sold on the market of the subsidizing

of the country.



TITLE II



INVESTIGATION OF THE COMPLAINT ON THE IMPORTATION OF THE SUBSIDIZED PRODUCT



§ 7



(1) natural persons with permanent or long-term residents ^ 2) in the territory of the United

the Republic or a legal person established in the territory of the Czech Republic (hereinafter referred to

"the applicant") may submit a written complaint to the Department of investigation, whether

the importation of the subsidized product has occurred.



(2) the complaint shall contain the following information available to the applicant:



information on the applicant); for a legal person, the name or business name,

residence, legal status and the identification number of the person in the name of natural persons,

last name, date of birth or social security number, place of residence or

long-term stay and entrepreneur business name and identification

number of the person



b) data on the producers of the product known as subsidized, a list of all

the applicant of the known exporters and importers of this product and the country of export or

of origin,



(c)) a list of its known manufacturers in the Czech Republic producing the same

or a similar product, including a description of the volume and value of their production,

Alternatively, the document of support for the initiative from the producers of the same or similar

product in the Czech Republic; in the case of production sectors involving

an exceptionally large number of producers to determine support for the complaint in the form of

a statistical selection,



(d) a description of the product known as) the subsidised, including putting

subheadings of the customs tariff, ^ 3)



(e) data on the existence of a subsidy), the amount of the subsidy and the export price of the product

known for the subsidised price and the same or like product

on the market of the exporting country or in the country of origin, which are within his knowledge,



f) data indicative of injury or threat thereof caused by imports of the product

known for the subsidised, including the monetary expression of

the range,



(g)) the volume of imports at subsidized known or foreseeable

the volume of imports,



h) data indicative of the existence of a causal link between the imports of the product

known for the subsidized and the injury or threat arising from them,



I) justification for the initiative.



(3) The procedure provided for in this title shall not apply the Administrative Code Act. ^ 4)



(4) with the stimulus to inquiry whether the subsidised imports, it is

the applicant shall be obliged to deposit 100 USD to a special account of the Ministry,

that the applicant shall be returned if the Ministry will issue a decision on the

the countervailing duty, or if it is adopted the commitment of the subsidizing country

to eliminate or limit the subsidy. Bail Ministry returns within 14

days from the date on which this decision becomes final.



(5) If the deposit is not returned in accordance with paragraph 4, it becomes income

the State budget.



§ 8



(1) the investigation initiated on the initiative of the Ministry under section 7. Investigations may

the Ministry started on its own initiative, if sufficient information has

on the importation of the subsidized product and injury caused to the domestic manufacturing

the sector.



(2) the investigation is initiated on the day when he reached the Ministry initiative to begin

the investigation, or the date when the Ministry decided to initiate the investigation of

on its own initiative.



(3) the Ministry will invite within 15 days after the initiation of the investigation, the manufacturer of the same

or of the like product in the Czech Republic to be in a period of 30 days from the

the date of receipt of the request in writing to the complaint expressed or started the investigation.

In the case of a large number of producers, it is possible to use a statistical selection

manufacturers.



(4) the Ministry shall seek, within 15 days of the initiation of the investigation, the written

the opinion of the Ministry of industry and trade, Ministry of foreign

Affairs, Office for the protection of competition and the Directorate-General

Customs duties. In the case, in the case of agricultural products, it shall request the opinion of the

and the Ministry of agriculture. Depending on the nature of the case may request the opinion of the

another administrative authority. For the submission of opinions will provide a time limit which

shall not exceed 30 days from the date of receipt of the request.



(5) if the requested opinions and observations made in the term

in accordance with paragraphs 3 and 4, the Ministry will carry out the investigation based on the information,

available to it.



(6) the Ministry of the investigation initiative detects



and whether the complaint contains all) the prescribed conditions referred to in section 7; If

initiative has all the required elements, the Ministry will invite the

the applicant is added within a specified period; the time limit for completion should not

exceed 30 days from the date of receipt of the invitation,



(b) whether there is sufficient support) initiative, in accordance with the provisions of the

paragraph 9 (a). (b)),



(c)) that was abroad on a product of the subsidy actually granted, and the

If so, consider whether this is a subsidy to the disabled,

a specific, non-specific, the countervailable or non-countervailable,



(d)) on the basis of its own investigations and opinions of ministries and other

administrative authorities referred to in paragraph 4, that have been caused or threaten to cause injury

to the domestic industry.



(7) the Ministry shall inform the competent authority of the initiation of the investigation

the subsidizing country and the country of export or of origin.



(8) the investigation must be completed within a period of 3 months from the date of the initiation of the

the investigation.



(9) the Ministry shall postpone the matter and at the same time inform the applicant in writing, with

the reasons for, if it finds that



the complaint contains obviously) false information or does not have available

information pursuant to § 7 para. 2 or the person who lodged the complaint, its

the shortcomings did not eliminate, even after a written challenge of the Ministry within the prescribed

the time limit, or



(b)) the production volume of the same or similar product, those producers who

the complaint, make up less than 50% of the production volume of the same or

of the like product produced by that part of the producers, who were in

favour or against the complaint, or if the total production of the same or

the producers of the like product, that the complaint is less than

25% of the total production of the like product manufactured by the same or a

the domestic industry, or



(c)) the subsidy is unassailable, or



(d) the subsidised product does not cause) injury or threat thereof.



(10) in the event that the Ministry does not detect the reasons for the postponement of the case,

consultations pursuant to title III.



TITLE III



CONSULTATION



§ 9



(1) the Ministry will launch a bilateral consultation with the competent authorities in the

the subsidizing country after the adoption of the initiative or on the initiative of its own, if

obtains information suggesting that the United States is imported

the subsidised product that causes injury or threat thereof.



(2) the purpose of the consultations shall be to clarify the facts and reach

a mutually acceptable solution on the basis of the agreement.



(3) If such a solution does not occur, the Ministry shall refer the matter to the authorities

The World Trade Organization, ^ 5) which, on the basis that it may take

appropriate corrective measures, and at the same time, the Ministry will initiate

under Title IV.



TITLE IV



A COUNTERVAILING DUTY PROCEEDINGS AND ON THE ACCEPTANCE OF THE UNDERTAKING



§ 10



Initiation of proceedings



(1) the Ministry shall initiate proceedings, if the result of the investigation is a preliminary

the findings of the importation of the subsidized product, that these imports cause injury

or threat thereof and that are not given reasons for the postponement by 8

paragraph. 9. the procedure shall be initiated if bilateral consultations pursuant to § 9

did not lead to a mutually agreed solution. The procedure is initiated on the date

the Ministry will publish a notice of the initiation of the proceeding without undue delay

in the commercial bulletin and via the Internet, but not later than

within 30 days from the date of completion of the investigation the complaint.



(2) notice of the initiation of proceedings contains



and the designation of the applicant), manufacturer and exporter of the product referred to in

subsidised and parties to proceedings under section 11,



(b) a description of the product), which is the subject of the procedure, including an indication of

subheadings of the customs tariff, ^ 3)



(c)) the country of export and the country of origin,



d) basic data on which the claim is based on the existence of imports

of the subsidized product,



e) information on the nature and the amount of, the subsidy



f) details of the injury or threat thereof caused by the domestic industry,



g) address to which they are to be sent to the opinions of the parties,




h) period must not be shorter than 30 days from the date of initiation of the proceedings, in

which is open to other producers of the same or of the like product in the

The Czech Republic as parties to proceedings; missed periods cannot be waived,



I) subsidizing the country.



(3) notice of the initiation of the proceedings shall be served on all parties and

the subsidizing country.



(4) for the exporter, with whom it has not been initiated for reasons other than from

because of non-cooperation in the previous investigation, opening

self control, and stores are based on this a separate management

the countervailing duty.



§ 11



(1) the parties are:



and) the applicant, if the opening of the procedure on his initiative,



(b) the known producers of the product) called for subsidised,



(c) the product known to exporters known) for subsidised,



(d)) of the same or like product manufacturers in the Czech Republic, who

the complaint the applicant supported or expressed to him.



(2) participants in proceedings are not the persons referred to in paragraph 1 (b). b), c), and

d) in the case as their number, that would inhibit economic

and efficient management of the administrative procedure, if not reflected explicitly interested in being

party to the proceedings.



(3) a party to proceedings may be appropriate extracurricular Union people referred to

under letters b), c) and (d)) in the case where such persons are not themselves parties to the

proceedings referred to in paragraph 2.



(4) in the case of, if not the person referred to in paragraph 1 (b). (b)), and (c))

the Parties shall submit to the Ministry, in addition to the notice of initiation

proceedings and documents for decision without undue delay to the authorities

the subsidizing countries that is to be transmitted to the competent exporters and manufacturers

(or their interest associations) for possible representation. These persons may

the Ministry sent its observations within a period of 60 days from the date of their

the delivery of the subsidizing country.



§ 12



The discovery of the evidence



(1) for the purpose of assessing whether the importation of the subsidized product, in

as a result of which caused the injury or the threat of it, the Ministry's

shall request the necessary information from the parties, ministries and other

administrative offices (hereinafter referred to as "provider"). You are obliged to such

provide information free of charge.



(2) the provisions of paragraph 1 are without prejudice to the provisions of the Special

regulations concerning the protection of classified information, personal data in the

information systems, business and bank secrecy, or the law

recognized confidentiality. ^ 6)



(3) in the context of the discovery of evidence shall submit at the request of the Ministry of

its opinion on issues of harm and the threat of the Ministry of

industry and trade and competition protection issues by the Office for

the protection of competition. As regards the agricultural product to the injury and

the threat of injury must be expressed also the Ministry of agriculture.



(4) to obtain information the Ministry to use the questionnaire for the

fill in and return shall set a deadline of 30 days from the date of its delivery. On properly

the reasoned request of a party to proceedings may be extended.



section 13 of the



To verify the information, which the Ministry has required from people in other

countries, or to obtain additional information in the case of the Ministry

necessary, carry out investigations in the territory of other States, on condition that they inform the

about this intention to the competent authority of this country and against objects

objections, and if it receives the consent of the entity concerned.



§ 14



Protection of confidential information



(1) for the purposes of this Act are confidential information or information

provided on a confidential basis shall mean information whose disclosure would

would be of significant benefit to another person, or that would have very

negative impact on the provider of the confidential information.



(2) Confidential information may be supplied to the parties only and only

with the consent of the provider of the confidential information and only for the purposes of the proceedings.

The Ministry will ask the provider to acquired a sufficiently detailed

the listing, which will not be confidential in nature. If the provider has for

that the processing of such a statement is not possible, shall be obliged to prove it.



(3) the Ministry shall inform the, which finds that the requirement of

confidentiality it is not warranted. About this fact

the Ministry shall inform the provider immediately.



(4) persons who come into contact with the information identified in the course of

proceedings are obliged to maintain confidentiality about them, not to publish them, and

not to misuse of their knowledge.



§ 15



Oral proceedings



(1) the Ministry shall prescribe an oral hearing whenever if requested by the party concerned

control or if it considers it necessary. If a party to the proceedings

an oral hearing would not participate in his absence shall not be prejudicial to his

rights.



(2) the oral information will not be taken into account if there is a party to the proceedings,

that is, except the Ministry provided within the prescribed period and in the written

the form.



(3) the term of an oral hearing referred to in paragraph 1 shall be published by the Ministry without

undue delay in the commercial bulletin and via the Internet

at the same time, inform the participants of the proceedings.



section 16 of the



The provision of information



(1) in the course of the procedure will allow the Ministry to the parties and to the persons

referred to in article 11 (a). b), c) and (d)), if they are not parties to the proceedings, the

their request to get acquainted with all the documents relevant to

the decision, which do not contain confidential information and correspondence

submitted by one of the parties to the proceedings. These documents are

interested parties may express in the Ministry set a reasonable

a period not to exceed 30 days.



(2) before preparing the decision shall inform the Department of any

interested parties of the essential facts which are the basis for the

decision, and provides them with a deadline of 30 days to claim their opinions.



(3) in the event that the party does not provide the necessary information in the

the relevant time limit, or the hearing resides, may be an administrative decision

under this Act is issued on the basis of the data available.



§ 17



Ministry of terminates the proceedings a decision imposing a definitive

countervailing duty and stopping the proceedings within a period of not more than 9 months from the

the date of commencement of the proceedings. In particularly complex cases, shall decide within

15 months from the date of initiation of the proceeding.



section 18



Stop and interruption of proceedings



(1) the Ministry management stops if passed the reason for action, in particular

If it was subsequently found that the



and) the import volume of the subsidized product is negligible, pursuant to section 5 (b).

(b)),



(b)) the product is not considered to be subsidized or provided a subsidy, does not exceed

the limit laid down in paragraph 5 (b). and)



(c)) the subsidy does not harm,



(d)) the subsidy is unassailable,



(e)) will take the commitment of the exporter under section 21,



f) subsidies have been abolished.



(2) the proceeding does not stop when the undertaking was accepted by the exporter

the subsidizing country calls for continuation of proceedings or are there other reasons to

continuation of proceedings.



(3) in the case of acceptance of the undertaking will be only of a temporary nature

interrupted until the end of the period for the validity of the commitment.



(4) decisions terminating or suspending the proceedings shall be forwarded to the participants

proceedings, the subsidizing country and notification of these decisions, including

the justification shall be published without undue delay in a trade journal and

through the Internet.



(5) the Ministry will require the application for termination of the proceeding in writing

the opinion of the Ministry of industry and trade, Ministry of foreign

Affairs, Office for the protection of competition and the Directorate-General

Customs duties. In the case, in the case of agricultural products, it shall request the opinion of the

and the Ministry of agriculture. These bodies are required to explain to the 15

days from the date of receipt of the application, otherwise, agrees.



§ 19



Storage countervailing duty



(1) if the Department finds that the importation of the subsidized product arises

the injury or the threat of it, may issue a decision on the imposition of the

duty. Countervailing duty may be provisional or final.



(2) the decision on the imposition of the duty from the date of acquisition of legal

can apply to all declarants, ^ 7) who propose to enter into the

free circulation of the products referred to in the decision, where those products are to

the country sold or sent to the exporter in this decision also

referred to.



(3) the countervailing duty shall not be higher than that provided by the subsidy and must not

exceed the amount sufficient to eliminate the injury or threat thereof.



(4) the decision on the imposition of the duty, the Ministry shall

in particular:



and the usual commercial description of the product),



(b) subitem customs tariff) ^ 3)



(c)) the country of export and the origin of the product,



(d) the designation of the applicant),



e) indication of the manufacturer, exporter and people proposing release

of the subsidized product for free circulation,



(f) the amount of the subsidy granted to) unit of the product in money terms and

as a percentage of its export price, or to the customs value, if it is not

This price is known,



g) quantifying and assessing the injury or threat thereof caused by the domestic

industry,



h) rate of countervailing duty, ^ 3)



I) for the application of countervailing duties,



j) subsidizing country



k) date from which the countervailing duty is claimed.




(5) a decision to impose a countervailing duty shall be served to all participants

management and the subsidizing country and notification of it including the rationale is

be published without undue delay in a trade journal and through

the Internet. The Ministry will send a copy of the decision to impose a

countervailing duties, the Directorate-General of customs, which promptly

ensure its implementation.



(6) if they are not known to all exporters of the subsidized product or

If the number is high according to § 11 para. 2 in the decision to place

the names of the exporters shall indicate the subsidizing countries. In this case, the decision on the

the countervailing duty applicable to all declarants who

they propose the release for free circulation of the subsidized product at the time of

the validity of this decision, if the country of export or of origin country

the decision marked the subsidizing.



(7) Each countervailing duty may be applied after the necessary period,

a maximum of 5 years from its imposition or from the date of the last review,

with the exception of the procedure under section 28.



(8) the countervailing duties retroactively cannot be stored for a period before the commencement of proceedings,

with the exception of the application of the definitive countervailing duty on the subsidised

the product for which the prohibited subsidies, has been imported in such

quantities and at such a short period, that delayed the application of this

countervailing duty would cause irreparable or difficult to

which the injury to the domestic industry. A definitive countervailing duty

in such cases, it is possible to retrospectively apply the subsidised product, the

However, for a period of not more than 90 days prior to the date on which it was claimed the interim

the countervailing duty.



(9) the Ministry will ask the Ministry of industry and trade, Office for

the protection of competition, the Ministry of Foreign Affairs and the General

Directorate of customs of observations on proposals for decisions on the imposition of

countervailing duty. In the case, in the case of agricultural products, ask

on the expression and the Ministry of agriculture. These bodies are required to

Express within 15 days from the date of receipt of the request, otherwise the proposal

agrees.



(10) the countervailing duty shall be calculated, collected and enforced customs offices in a manner

laid down specific legislation. ^ 3)



section 20



A provisional countervailing duty



(1) the Ministry may decide to impose provisional countervailing

duty when, during the preliminary proceedings finds that the importation of the subsidized

the product originated or threaten injury to the domestic industry arise and

that delayed the imposition of definitive countervailing duty may arise

unrecoverable or hard to remove the injury to the domestic production

the sector.



(2) a provisional countervailing duty may be imposed for a limited period, but no longer than

for a period of 4 months from the date of the decision on the imposition of this

duty.



(3) a provisional countervailing duty may be imposed if the following conditions are true:



a) proceedings have been instituted under section 10 and from the initiation of an investigation pursuant to section 8

at least 60 days have elapsed,



(b)) was given the opportunity to the parties to submit information and make

comments,



(c)) was preliminarily established the existence of actionable or prohibited

the subsidy,



(d)) was preliminarily established the existence of injury or threat thereof.



(4) the decision on the imposition of a provisional countervailing duty shall cease to

the effectiveness of the



and end of the period), on which it was saved,



(b)) the date of application of the decision imposing a definitive countervailing

Customs duties,



(c)) on the day that is specified in the decision on the revocation of the provisional

countervailing duty.



section 21



Acceptance of the undertaking



(1) the Ministry may, in the course of the proceedings, even after the acquisition of legal power

the decision on the imposition of the duty to decide on the adoption of the

voluntary commitment ("commitment") subsidizing countries that, with the

immediately cancels or reduces the subsidy so that was deleted

injury, or the threat of it. The Ministry may also decide to adopt

the obligation of the exporter, that with immediate effect the adjusted export price

of the subsidized product or a product in the United no longer subsidised

States export or export limits.



(2) the undertaking is accepted only in cases where the process control

indicates the existence of the importation of the subsidized product and resulting injury

or threat thereof.



(3) the increase in the price of the product offered by the exporter may not exceed the amount of the

subsidies and at the same time must not exceed a level which is strictly necessary to

eliminate the injury or threat thereof.



(4) if the Department has reservations on nabídnutému commitment, shall notify the

the exporter or the subsidizing country and set a time limit for an opinion.



(5) the undertaking is accepted for a limited period, for a maximum of 5 years. In the decision

on the acceptance of the undertaking, the Ministry will save exporters to produce

report on the implementation of the commitment at least once a year. A message asks

the Ministry and the competent authority of the country of the subsidizing.



(6) following the acceptance of an undertaking, a countervailing duty decision cancels,

If the duties were already saved. The procedure continues in case so request it

the subsidizing countries.



(7) if the Ministry concluded that there was no injury or its

the threat, the commitment shall expire on the date of acquisition of the decision about the

termination of the proceeding.



(8) the decision on the acceptance of the undertaking, shall be served on the parties and

the subsidizing country and notification about him including the justification shall be published without

undue delay in the commercial bulletin and via the network

The Internet.



section 22



Breach and revocation of acceptance of the undertaking



(1) if the Ministry after it has accepted the undertaking and, where appropriate,

repeal the decision on the imposition of a countervailing duty, a breach of

This undertaking, it shall invite the exporter or the subsidizing country for the proper performance

the commitment made and the conditions laid down in the decision.



(2) if the exporter even after the call to the proper fulfilment of the commitment made

their commitment or does not comply with the conditions laid down in the decision, the Ministry of

the procedure begins, if the control has already been stopped, and the decision on

acceptance of the undertaking.



(3) If proceedings were again because of a breach of the undertaking,

It does not apply a period of 60 days referred to in section 20 (2). 3 and the provisional duty may be

Save with effect from the date of breach of commitment.



(4) a definitive countervailing duty may be in breach of the obligation to save a backward,

but no longer than for a period of 90 days prior to the date on which it was claimed the interim

duty after the breach of the undertaking, however, from the date of the first violation.



(5) a decision on the withdrawal of the undertaking, shall be served on the parties and

the subsidizing country and notification about him including the justification shall be published without

undue delay in the commercial bulletin and via the network

The Internet.



Article 23 of the



A definitive countervailing duty



(1) the Ministry shall decide on the application of the final countervailing duty when

the following conditions:



and) made reasonable efforts on the successful completion of consultations with the

the subsidizing countries on the abolition or reduction of countervailable subsidies



(b)) in the proceedings showed that the imports of the subsidized product has occurred,

that causes or threatens to cause injury to the domestic industry, and

It was not issued a decision on the acceptance of the undertaking by the exporter or the commitment of the

violated,



(c) the period of validity of decision), acceptance of the undertaking, if the undertaking

accepted.



(2) definitive countervailing duties shall be imposed for a fixed period or for a period of

an indefinite period pursuant to § 7 para. 7 and 8 with effect from the date on which this

the decision came into force. If the injury or the threat detected

the domestic industry, it can be saved from the date of effectiveness of the

the provisional duty. In the case that only the threat of injury is detected, the final

countervailing duty can be imposed after the date of the finding. If the provisional

duty is lower than the final duty, the difference shall not be competent Customs Office and

be collected.



section 24



Reimbursement of customs duties



(1) the refunds of duties or the difference Customs office returns ^ 3)

at the request of the person who paid the duty, in the case that



and control stops) the Ministry under section 18, or



(b)) is not the final duty for the entire period of application of the provisional

duties, or



(c)) the definitive duty is lower than the provisional duties, or



(d)) in the decay or in judicial proceedings, it was decided to cancel

the decision to impose countervailing duties in whole or in part, or



e) in regard to the extension of the application of the definitive countervailing duty is

has not demonstrated the need to extend the application of the duty.



(2) the request must be filed not later than 90 days after the acquisition of legal power

decision terminating the proceedings, otherwise the right shall lapse. The Customs Office is

obliged to return to duty within 90 days from the date of receipt of the request for repayment.

Countervailing duty returns the Customs Office which the countervailing duty enjoined and

He chose.



§ 25



Amendment and annulment of the decision



(1) the Ministry monitors the countervailing duties imposed is still in

accordance with the conditions for its saving under this Act.



(2) After the acquisition of the decision imposing a countervailing duty, or

decision on the acceptance of the undertaking, the Ministry may change this decision

or cancel on the basis of the written complaint of a party or of the

on its own initiative.



section 26



Reduction of the countervailing duty



(1) the Ministry shall issue a decision on the reduction of the countervailing duty, or


decision on the adjustment of the commitment, if the review finds that there has been

to change the reasons for the levying of a countervailing duty on the original amount or for

the existence of the obligation in the original range.



(2) such reasons include, in particular, the reduction of subsidies, price change

of the subsidized product, acceptance of the undertaking the subsidizing country delete

or reduce the subsidy and the acceptance of the undertaking by the exporter about the price change

of the subsidized product, or adoption of the amendment of such an undertaking.



(3) the decision on the reduction of the countervailing duty shall be served to all participants

management and the subsidizing country and notification of it including the rationale is

be published without undue delay in a trade journal and through

the Internet. The Ministry will send a copy of the decision to reduce

countervailing duties, the Directorate-General of customs, which promptly

ensure its implementation.



section 27 of the



Revocation of the countervailing duty



(1) the Ministry shall revoke the decision imposing a countervailing duty,

no longer exist if the reasons for its imposition. For these reasons, the review is carried out of the

its own initiative or at the request of the Department of one of the parties

management, countries subsidizing the Ministry of industry and trade, the Office for

the protection of competition, the Ministry of Foreign Affairs,

The Directorate-General of customs, Ministry of agriculture, where appropriate,

in the case of agricultural products.



(2) the Ministry shall revoke a decision to impose countervailing duties



and after the acceptance of the undertaking) pursuant to article 21, or



(b) after the termination of the proceeding), pursuant to section 18, or



(c)) if the review finds that have ceased to apply other legal grounds for

the levying of countervailing duties.



(3) the decision on the revocation of the countervailing duty shall indicate the date from which the

This duty will no longer be collected.



(4) the decision on the revocation of the countervailing duty shall be served to all participants

management and the subsidizing country and notification of it including the rationale is

be published without undue delay in a trade journal and through

the Internet. The Ministry will send a copy of the decision to cancel the

countervailing duties, the Directorate-General of customs, which promptly

ensure its implementation.



section 28



The extension of the application of the definitive countervailing duty



(1) if the Ministry of examination on the basis of a substantiated complaint

the applicant or obtained from our own information, that their

the application of definitive duties would lead to the continuation or

the repetition of the subsidized product imports and the resulting injury issues in

the procedure for the extension of the application of the definitive countervailing duty decision

extending the application of the definitive countervailing duty. The initiative to

the review must be filed no later than 6 months before the expiry of the period

the application of the definitive countervailing duty. The review must be completed

not later than 12 months from the date of its launch.



(2) the Ministry shall issue a decision on the extension of the definitive countervailing

the duty only if within the time limit laid down by the Ministry of the exporter

does not propose a corresponding obligation.



(3) during the proceedings to extend the application of the definitive countervailing

This duty may remain in force. With the extension of the final

countervailing duty pursuant to paragraphs 1 and 2, the application of this duty

exceed 5 years.



(4) the decision on the extension of the definitive countervailing duty shall be delivered to all

the parties and the subsidizing country and notification about him including

the justification shall be published without undue delay in a trade journal and

through the Internet. The Ministry will send a copy of this

the decision of the Directorate-General of customs, which shall promptly arrange for its

implementation.



section 29



Remedies



(1) decisions issued pursuant to § 18 para. 1, § 23 and § 26 to 28

a participant may submit a management breakdown within 15 days from the date of delivery of the

decision. Administration of the decomposition does not have suspensory effect. Against other

decisions made under this Act may not be decompiled, or not

judicially reviewable.



(2) the decision in the proceedings for the decomposition shall be delivered to the parties and

the subsidizing country and notification about him including the justification shall be published without

undue delay in the commercial bulletin and via the network

The Internet. The Ministry will send a copy of this decision to the

Directorate of customs, which ensure its implementation without delay.



(3) a party to proceedings cannot in proceedings under this Act, submit a proposal to

a retrial or the initiative to review the decision outside the Court of appeal

control. ^ 4)



section 30



Time limits in proceedings on the decomposition of



Proceedings of the decay must be terminated by issuing a decision within 6 months from the

the date of commencement of the proceedings. In particularly complex cases, the proceeding may be

closed to within 9 months from the date of initiation of the proceeding.



TITLE V OF THE



COMMON PROVISIONS



section 31



Relationship to the administrative procedure



Unless otherwise provided for in this Act, shall apply to the administrative proceedings

under this Act, the Administrative Procedure Act. ^ 4)



§ 32



Control on the export of subsidised imports led by third States



A request for information that is to be provided in connection with the management of

about the subsidised imports held in third countries, shall be considered and

deals with the Ministry if they have been submitted to the competent authority referred to in

the law of a third State and the request is duly justified.



§ 33



The relationship of law to international treaties



The provisions of this law shall apply only if does not provide for something else

the international treaty, which the Czech Republic is bound and which was

published in the statute book. ^ 5) ^ 8)



§ 34



The documents specified under this Act to the authority of the exporting country or origin is

may be sent via its Embassy.



PART TWO



Amendment of the Act No. 2/1969 Coll., on establishment of ministries and other Central

Government of the Czech Republic



§ 35



In Act No. 2/1969 Coll., on establishment of ministries and other Central

Government of the Czech Republic, as amended by law No 34/1970 Coll.

Act No. 147/1970 Coll., Act No. 125/1973 Coll., Act No. 25/1976 Coll.

Act No. 119/1983, Coll., Act No. 61/1988 Coll., Act No. 173/1989 Coll.,

the legal measures of the Bureau of the Czech National Council No. 9/1990 Coll.

Act No. 93/1990 Coll., Act No. 126/1990 Coll., Act No. 202/1990 Coll.,

Act No. 288/1990 Coll., legal measures, Presidium of the Czech national

Council No. 305/1990 Coll., Act No. 576/1990 Coll., Act No. 171/1991 Coll.,

Act No. 283/1991 Coll., Act No. 19/1992 Coll., Act No. 23/1992 Coll.,

Act No. 103/1992 Coll., Act No. 167/1992 Coll., Act No. 241/1992 Coll.,

the legal measures of the Bureau of the Czech National Council No. 350/1992 Coll.,

Act No. 357/1992 Coll., Act No. 357/1992 Coll., Act No. 478/1992 Coll.,

Act No. 555/1992 Coll., Act No. 21/1993 Coll., Act No. 166/1993 Coll.

Act No. 283/1993 Coll., Act No. 47/1994 Coll., Act No. 89/1995 Coll.

Law No. 289/1995 Coll., Act No. 135/1996 Coll., Act No. 272/1996 Coll.,

Act No. 152/1997 Coll., Act No. 15/1998 Coll. and Act No. 148/1998 Coll.,

in paragraph 4, at the end of paragraph 1, the period is replaced by a comma and the following this

the words: "assessing the subsidized imports and takes measures to

protection against imports of these products. ".



PART THREE



Amendment of the Act No. 13/1993 Coll. Customs law



section 36



Act No. 13/1993 Coll., the Customs Act, as amended by Act No. 35/1993 Coll. and

Act No. 117/1997 Coll., is amended as follows:



1. § 54 para. 3, after the words "duty levied" shall be replaced by that

including footnote No. 7a): "according to a special legal

Regulation 7a ^ ^)



7A) Law No 63/2000 Coll., on the protection against subsidised imports

and amending Act No. 2/1969 Coll., on establishment of ministries and other

Central Government authorities of the Czech Republic, as amended

regulations, and Act No. 13/1993 Coll., the Customs Act, as amended

regulations. ".



2. § 54 paragraph following paragraph 4, including

footnote 13):



"(4) means a specific anti-dumping duty levied according to the duty

special legal regulation ^ 13) for the purpose of protection from imports

the dumped products.



13) Act No. 152/1997 Coll., on protection against imports of dumped products

and amending and supplementing certain acts. ".



Paragraphs 4 and 5 shall be renumbered as paragraphs 5 and 6.



3. § 54 para. 5, after the word "set", the words "regulation

the Government ".



4. In paragraph 54, paragraph 6 shall be deleted.



PART FOUR



§ 37



The effectiveness of the



This Act shall take effect on the first day of the calendar month

following the date of publication.



Klaus r.



Havel, v. r.



Zeman in r.



Č. 1



AGRICULTURAL PRODUCTS

1. chapters 01 to 24 of the customs tariff, with the exception of Chapter 03

and numbers, 1504, 1603, 1604, and 1605.



2. item 2905.43 Mannitol (mannit)

Item 2905.44 D-glucitol (sorbitol, 2420 sorbate)

The number of heading No 33.01 essential oils (with terpene and without him), including

fixed and absolute; resin;

the extracted oil of resin;

concentrates of essential oils in fats,

in in fixed oils, in waxes or

like, obtained by enfleurage or maceration;

terpenic by-products of the emerging

When the deterpenaci of essential oils; aqueous distillates

and aqueous solutions of essential oils.


The number of 35.01 Casein, caseinates and other casein derivatives;

casein glues.

Number no 35.02 Albumins (including concentrates of two or

more whey proteins, containing

more than 80% whey

proteins, calculated on the dry matter), albuminates

and other albumin derivatives.

The number of 35.03 Gelatin (including gelatin in rectangular

I square foil, whether or not surface

modified or coloured) and derivatives

gelatine; vyzina; other glues of animal

origin, excluding casein glues of heading

35.01.

No. 35.04 Peptones and their derivatives; other protein

substances and their derivatives, not elsewhere specified

or included; skin powder also

chromium-plated.

The number of 35.05 Dextrins and other modified starches (for example.

pregelatinised or esterified

starches); glues based on starches, or on

dextrins or other modified

starches.

Item 3809.10 finishing agents, finishing agents,

preparations to accelerate dyeing or

fixing the colors and other products and preparations

(eg. dressings and mordants) used

in the textile, paper, leather

or like industries not elsewhere specified or

not included on the basis of amylaceous substances.

3824.60 Sorbitol other than item 2905.44.

The number of 41.01 raw hides and skins of bovine

or equine animals (fresh

, or salted, dried, limed, pickled

or otherwise preserved, but not tanned,

parchment-or otherwise

unadjusted), not dehaired or split.

The number of the 41.02 raw skins of sheep or lambs (fresh

, or salted, dried, limed, pickled

or otherwise preserved, but not tanned,

parchment-or otherwise

unadjusted), not dehaired or split,

other than those excluded by note 1 (c)) from this

Chapter.

The number of the 41.03 Other raw hides and skins (fresh, or

salted, dried, limed, pickled or

otherwise preserved, but not tanned,

parchment-or otherwise

unadjusted), not dehaired or split

other than those excluded by note 1 (b)) or

1 (c)) of this chapter.

43.01 raw hides number (including heads, tails, paws

and other parts of the applicable

for furriers ' use), other than raw hides of numbers

41.01, 41.02 or 41.03.

Embroidered silkworm Cocoons number eligible

the reeling.

Number 50.02 Raw silk (not thrown).

The number of 50.03 Silk waste (including cocoons

unfit for reeling, yarn

waste and garnetted stock).

Number 51.01 Wool not carded or combed.

The number of 51.02 fine or coarse animal hair, not carded

or combed.

The number includes Waste of wool or of fine or coarse

animal hair, including yarn waste,

but excluding garnetted stock.

The number of 52.01 Cotton not carded or combed.

The number of 52.02 cotton waste (including yarn waste

and garnetted stock).

The number of 52.03 Cotton carded or combed.

The number of 53.01 Flax, raw or processed but

spun off; flax tow and waste

(including yarn waste and garnetted stock

material).

The number of 53.02 true hemp (Cannabis sativa l.), raw or

processed but nepředené; tow

and waste of true hemp (including yarn waste

and garnetted stock).



Č. 2



The criteria and conditions for non-actionable subsidies provided by the

agricultural products



1.



The subsidy provided by the exporter in the country will conform to the following

basic criteria:



and) these subsidies will be provided through a publicly-funded

the Government programme and not involving transfers from consumers;



(b)), these subsidies are not the effect of providing price support to producers;



c) subsidies will correspond to the specific subsidy criteria and

the conditions listed below.



Government programs relating to the services



2.



Subsidies for universal service



Subsidies in this category involve expenditures (or revenue foregone) in relation

to programmes which provide services or benefits to agriculture or the

rural communities. Will not include direct subsidies to producers or

to processors. Such programs are, in particular, the programmes referred to in

the following list, which comply with the general criteria laid down in

paragraph 1 and the specific terms and conditions, which are listed below:



and) research, including general research, research in connection with programs

on the protection of the environment, and research programmes relating to the

particular products;



b) pest and disease control, including General measures and measures to

certain products against pests and diseases, such as the early systems

warning, quarantine and eradication;



c) training services, including General and special training

equipment;



d) extension and advisory services, including the provision of resources to

facilitate the transfer of information and the results of research to producers and

to consumers;



e) inspection services, including general inspection services and the inspection

of individual products for the purposes of health, safety, grading and

standardisation;



f) services in the field of marketing and promotion, including market information,

advice and promotion relating to particular products but excluding

expenditure for unspecified purposes that could be used by sellers

to reduce their selling price or confer a direct economic

the benefits for the buyer; and



g) services provided in the area of infrastructure, including electrical

network, roads and other means of transport, market and port facilities,

water supply facilities, dams and drainage schemes, and

infrastructural works associated with environmental programmes. In

all cases will cost only the provision or construction of

investment facility and shall not include any other subsidised supplies to

farm facilities than is generally available public utilities. Will not be

include subsidies of inputs or operating costs, or preferential

user fees.



3.



Subsidies provided by the public stock holding for the purposes of

food security ^ 9)



Expenditures (or revenue foregone) in relation to the accumulation and holding of stocks

products, which form an integral part of the food security program

as defined in the national legal order. As part of the program may

include government aid to private storage of products.



The volume and creating these stocks will correspond to predetermined targets

related solely to food security. The process of creating and

inventory management will be financially transparent. Purchases

food by the Government shall be made at current market prices and sales from stores

for food security will be carried out at prices no lower than normal

prices on the domestic market for the product and quality.



4.



Subsidies granted under the domestic food aid ^ 10)



Expenditures (or revenue foregone) relating to the provision of domestic food

help the needy sections of the population. The right to receive food aid

will be subject to clearly-defined criteria relating to nutritional objectives.

Such assistance will take the form of direct provision of food to those affected by it

refers to, or provision of those who meet the conditions laid down,

resources that will allow them to purchase agricultural products for market, or

at subsidized prices. Food purchases by the Government shall be made at regular

the market prices and the financing and implementation of the assistance will be transparent.



5.



Direct subsidies provided to producers of



Subsidies provided through direct payments (or loss of

revenue, including payments in kind) to producers for which it is required

exemption from the reduction commitments, it must meet the basic criteria,

provided for in paragraph 1 and the specific criteria applicable to

individual types of direct payment as set out in paragraphs 6 to 13.

Where exemption from reduction is claimed for any existing

or new type of direct subsidies, other than those that are listed in the

paragraphs 6 to 13, it shall conform to criteria b) to (e)) in paragraph 6,

In addition to the general criteria laid down in paragraph 1.



6.



Subsidies to income support



and the right to receive such subsidies) will be determined by clearly-defined criteria,

such as income, status of the manufacturer or of the owner of the land, the use of agents

or production level in a determined and fixed period.



(b)) of the amount of such payments in any given year shall not be related or

based on, the type or volume of production (including units of live

cattle) the producer in any year after the base period.



(c)) of the amount of such payments in any given year shall not be related


or based on domestic or international prices

applicable to any production undertaken in any year after the

the base period.



(d)) of the amount of such payments in any given year shall not be related

or based on, the factors of production employed in any year

After the base period.



e) to receive such payments no production shall be required in the implementation.



7.



The subsidy provided by the involvement of the State in income insurance and income from

programmes, safety nets



a) eligibility for such payments shall be determined by an income loss, taking into account the

only income derived from agriculture, which exceeds 30% of average

gross income or the equivalent in net income terms (excluding any

the payments made under the same or similar schemes) in the

the previous three-year period or a three-year average based on the

the previous five-year period, excluding the highest and lowest

values. Each manufacturer that meets this requirement will be entitled to receive

payment.



(b)) the amount of such payments shall compensate for less than 70% of the income loss

in the year the producer becomes eligible to receive this assistance.



(c) the amount of any such payments) will be solely on income,

does not apply to the type or volume of production (including live

cattle) the manufacturer, to the domestic or international prices applied in this

production or factors of production used.



(d)) where a producer receives in the same year the subsidies under this

paragraph and paragraph 8 (subsidy granted due to natural

disasters), the total of such payments shall be less than 100% of the total loss

manufacturer.



8.



The subsidy granted due to natural disasters



and the right to receive a subsidy) only after government authorities formally

they see that there has been or is a natural disaster or similar

(including disease outbreaks, pest infestations, nuclear accidents, and war on the territory of the

the party concerned) and will be given to the production loss which exceeds 30% of the

the average of production in the preceding three-year period or a three-year average

based on the preceding five-year period, excluding the

the highest and lowest values.



(b)) in the case of the disaster made the subsidy will apply only to

the loss of income, livestock (including payments in connection with

veterinary treatment of animals), land or other production factors

caused by this natural disaster.



(c)) the subsidy shall compensate for not more than the total cost of replacing

such losses and shall not require or specify the type or quantity of future

the production.



d) Subsidies made during a disaster shall not exceed the level required to

prevent or alleviate further loss, that are listed in the

criterion (b)) above.



(e)) where a producer receives in the same year the subsidies under this

paragraph and under paragraph 7 (income insurance and income programs

safety nets), the total of such payments shall be less than 100% of the total

the loss of the manufacturer.



9.



Subsidies granted under the structural programmes for the manufacturer of forced

end activity



and the right to receive such subsidies) will be determined by reference to clearly defined

criteria in programmes designed to facilitate the retirement of persons

engaged in marketable agricultural production, or their movement to

non-agricultural activities.



(b)) the subsidy shall be conditional upon the recipients completely and permanently leave

traded agricultural production.



10.



Subsidies provided through resource retirement programmes



and the right to receive such subsidies) will be determined by reference to clearly defined

criteria in programmes designed to remove land or other resources, including

livestock from marketable agricultural production.



(b)) the subsidy shall be conditional upon the retirement of land from marketable agricultural

the production of a minimum of 3 years and in the case of livestock on its slaughter

or definitive permanent disposal.



(c)) shall not require Subsidies or specify any alternative use

such land or other resources which involves the production of marketable

agricultural products.



(d)), the subsidy will not apply on the type or quantity of production or to the

the prices, domestic or international, applying to production undertaken using the land

or other resources remaining in production.



11.



Subsidies in the structural adjustment assistance provided through

investment using



and the right to receive such subsidies) will be determined by reference to clearly defined

criteria in government programmes designed to assist the financial or physical

the restructuring of the activities of a producer in response to objectively demonstrated

structural disadvantages. The right to use such programs can also be

based on a clearly set out the Government's program on re-privatization

agricultural land.



(b)) the amount of such payments in any given year shall not be related to

or based on, the type or volume of production (including units

livestock) the producer in any year after the base period, if the

the situation occurred according to the following criteria.)



(c)) of the amount of such payments in any given year shall not be related

or based on domestic or international prices

applied in production in any year after the base period.



d) Subsidy will be provided only for the period necessary for the implementation of

investment, to which they are intended.



(e)) the subsidy shall not mandate or in any way designate the agricultural

products to be produced in addition to the beneficiary a certain product

not to produce.



(f) the amount of the subsidy will be limited) required to compensate for

the structural disadvantage.



12.



The subsidy of programmes on the protection of the environment



and the right to receive such subsidies) will be determined as part of a clearly

defined government programme for the protection of the environment or

conservation programme and be dependent on the fulfilment of specific conditions

the Government programme, including conditions related to production methods

or inputs.



(b)) the size of the subsidy will be limited to the extra costs or loss

income arising from the performance of the Government programme.



13.



The subsidy of programmes of regional aid



and the right to receive such subsidies) will be limited to producers in the

less-favoured regions. Each such region must be a clearly designated

contiguous geographical area which is economically and administratively

definable, considered as disadvantaged on the basis of independent and

objective criteria clearly set out in the Act or other legal

Regulation and showing that its difficulties arise in circumstances that

There are only temporary.



(b)) the volume of these subsidies in any given year shall not be related

or will not be based on the type or volume of production (including units of live

cattle) the producer in any year after the base period other than to

reduce that production.



(c)) the volume of these subsidies in any given year shall not be related

or will not be based on domestic or international prices applied by the

in production, undertaken in any year after the base period.



d) Subsidy will be available only to producers in regions fulfilling

the conditions laid down, but generally available to all producers

in these regions.



e) if subsidy related to production factors, will

made at a degressive rate above a threshold level of

of the factor concerned.



f) Subsidy will be limited to the extra costs or loss of income

resulting from the implementation of agricultural production in the prescribed area.



1) Act No. 526/1990 Coll., on prices, as amended.



2) Act No 326/1999 SB. on residence of aliens in the territory of the Czech Republic and

amendments to certain laws.



3) Act No. 13/1993 Coll., the Customs Act, as amended.



4) Act No. 71/1967 Coll., on administrative proceedings (administrative code), as amended by

Act No. 29/2000 Sb.



5) communication from the Ministry of Foreign Affairs No. 191/1995 Coll., on negotiation of

The agreement establishing the World Trade Organization (WTO).



6) for example, Act No. 412/2005 Coll., on the protection of classified information and on the

security, law No. 101/2000 Coll., on the protection of personal

data and on amendments to certain laws, as amended, the law

No 21/1992 Coll., on banks, as amended.



7) § 2 (b). n) Act No. 13/1993 Coll.



8) communication from the Ministry of Foreign Affairs No. 7/1995 Coll., on negotiation of

The Europe Agreement establishing an association between the Czech Republic, on the one

part, and the European communities and their Member States, of the

the second.



9) for the purposes of the provisions of paragraph 3 of this annex will be Government

warehouse management programmes for food security purposes in

developing countries, the activity of which is transparent and which are

conducted in accordance with officially published objective criteria or

standards, be regarded as compatible with the provisions of this paragraph, including the

programs, which are stocks of foodstuffs for food

Security acquired and released as officially tent prices

provided that the difference between the acquisition price and the external reference price

domestic subsidy is counted in the GATT and the Charter

Member of the WTO commitments and concessions.




10) for the purposes of the provisions of paragraphs 3 and 4 of this annex, the shipment will be

food products at subsidized prices with the purpose to cover the

the food needs of poor urban and rural population

developing countries, in order to properly set out the basis for the reasonable

prices may be regarded as compatible with the provisions of this paragraph.