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.
