Implementation Of Measures Of The Common Market Organisation In Fruit And Vegetables

Original Language Title: provádění opatření společné organizace trhu s ovocem a zeleninou

Read the untranslated law here: https://portal.gov.cz/app/zakony/download?idBiblio=67343&nr=318~2F2008~20Sb.&ft=txt

318/2008 Sb.



GOVERNMENT REGULATION



of 20 December. August 2008



on the implementation of certain measures of the common organisation of the market in fruit and

vegetables



Change: 215/2010 Sb.



Change: 309/2009 Sb.



Change: 179/2015 Sb.



The Government ordered pursuant to section 2b, paragraph 1. 2 of law No 249/1997 Coll., on

Agriculture, as amended by Act No. 128/2003 Coll. and Act No. 441/2005 Coll.

and according to § 1 (1). 3 of Act No. 256/2000 Coll., on the State farm

the intervention of the Fund and on the amendments to certain other laws (the law on the State

the agricultural intervention fund), as amended by Act No. 441/2005 Coll.:



§ 1



The subject of the edit



This regulation lays down further to the directly applicable provisions

The European Union ^ 1) conditions for the implementation of certain measures of the common

organisation of the market in fruit and vegetables.



§ 2



Recognition as a producer organisation or a multinational organization of producers



(1) an application for it to be recognised as a producer organisation or

transnational producer organisation based in the Czech Republic, the

a person who satisfies the conditions laid down directly applicable provisions

The European Union in the fruit and vegetable sector ^ 2), the national agricultural

intervention fund (hereinafter referred to as "the Fund") for the published form.



(2) the application shall be accompanied by



and) the original or approved copy of the applicable statutes of the Organization,



(b)) the original or approved copy of the document which certifies that the

producer organisations or transnational producer organisation based in

The Czech Republic, as well as its individual members have the status of

entrepreneurs,



(c)) document proving that the applicant brings together at least 5 ^ 42), producer

the minimum annual value of marketed production in the

the last calendar year before the date of submission of the application at least 6 000 000

CZK.



(3) the Fund shall recognise the person referred to in paragraph 1, the producer organisation, or

transnational producer organisation based in the Czech Republic according to the

directly applicable European Union legislation ^ 4), if the person brings together

at least 5 of the producer ^ 42), who are not linked to each other in terms of personnel and

the minimum annual value of marketed production in the

the last calendar year before the date of submission of the application at least 6 000 000

$ ^ 5).



(4) a person who has been recognised in accordance with paragraph 3, to announce the Fund all

changes and additions relating to the information and documents that have been provided

Fund in respect of a request for recognition under paragraphs 1 and 2, to 15 days

from the date of their creation.



§ 3



In recognition of associations of producer organisations or transnational associations

of producer organisations



(1) an application for it to be recognised associations of producer organisations or

transnational associations of producer organisations established in the Czech Republic,

given a person who satisfies the conditions laid down directly applicable

European Union regulations in the fruit and vegetable sector ^ 6), the Fund for the

issued by the form.



(2) the application shall be accompanied by



and) the original or approved copy of the applicable statutes of the Organization,



(b) proof of the number of members), from which it follows that brings together at least 2 members.



(3) the person referred to in paragraph 1 shall be accompanied by the application also documents

proving that its members residing in other Member States were

a producer organisation recognised by the competent authorities of the Member States, on the

whose territory they are established.



(4) a person referred to in paragraph 1 the Fund shall recognise for the associations of producer organisations

or transnational associations of producer organisations based in the United

Republic according to the directly applicable European Union legislation governing

common organisation of the markets and of the implementing rules in the fruit and

vegetables ^ 6).



(5) a person who has been recognised in accordance with paragraph 4, to announce the Fund all

changes and additions relating to the information and documents that have been provided

Fund in respect of a request for recognition under paragraphs 1 and 2, to 15 days

from the date of their creation.



§ 4



Proportion of voting rights and the amount of the shares of members of the Organization

producers



Proportion of voting rights of all the members of the producer organisation

one Member may not exceed 20%. The maximum amount of the share of one

a member of a producer organisation shall be less than 50% of all ^ 7)

the members of the producer organisation.



§ 5



Performance of producer organisations or transnational organisations

producers



The period of notice for resignation ^ 8) a member of a producer organisation or from the

the transnational producer organisation based in the Czech Republic, which

has been recognized in accordance with § 2 shall be 6 months and begins on the first day of

calendar month following the delivery of the notice of withdrawal

the producer organisation concerned to the producer organisation or transnational

based in the Czech Republic; withdrawal shall become effective on the expiry of

deadline.



§ 6



Preliminary recognition of and plan for the recognition of producer groups



(1) an application for amendment of plan recognition can be given only before the start of

the relevant period ^ 14), to which the change applies.



(2) recognition of Plans may be amended during the annual or six-month period

without the prior consent of the Fund only in the case that the producer group

draws only support that helps them create and facilitate

administrative activities ^ 38). Such changes shall be immediately

communicated to the Fund ^ 39).



(3) the Fund may allow on application by the producer group to increase or

reduction of the total amount of expenditure set out in the recognition plan. The total amount of

the expenditure set out in the recognition plan can be reduced by not more than 5% ^ 39).



(4) the Fund shall pay the aid by directly applicable regulation

Union ^ 15) no later than 6 months from the date of receipt of the request by grouping

producers.



(5) a preliminary recognized producer group shall ensure that not later than 4

months from the date of implementation of the recognition plan ended, it was accepted by the Fund

as a producer organisation ^ 16).



(6) Preliminary recognized producer group announce Fund all changes

regarding the information and the documents that were provided to the Fund in the context of

its request, within 15 days from the date of their creation.



(7) producer groups in two consecutive years

the implementation of the recognition plan reaches the annual value of production marketed

at least 6 000 000 Czk, you may submit a request for recognition for your organization

the producers by the end of the calendar year of implementation of the plan

recognition, in which a second time to achieve the annual value of production marketed

at least 6 000 000 CZK.



(8) a producer cannot benefit from the support of the European Union for grouping

producers for more than five years ^ 40).



§ 7



The highest share of production of the Member producer organisations intended for direct

sale



The producer organisation shall be entitled to sell no more than 10% of its production

in a way that provides for a directly applicable regulation, the European Union

common organisation of markets ^ 17).



§ 8



The operational fund and the operational programme



(1) an application for the approval of the operational programme and the communication on the operating fund

According to the directly applicable European Union legislation ^ 18), including how to

calculation of the volume of the operational fund of the producer organisation, served

the transnational producer organisation based in the Czech Republic, Association of

producer organisations or transnational associations of producer organisations

based in the Czech Republic Fund on it issued by the form.



(2) a document on the establishment of the operational Fund means the original or officially

a certified copy of the Treaty on the establishment of the bank account on which you will be

saved resources operational fund.



(3) the operational programme can be in the course of one calendar year to change without

the prior approval of the Fund ^ 19) only in the case that the total value of

the change does not exceed 10% of the value of the amount of the operational fund approved by the Fund to the

that year. This change can only involve approved measures and

the actions of the operational programme.



(4) to change the operating program exceeding the value referred to in paragraph 3, the

be performed only on the basis of the approval of the Fund. This change fund

approve the proposed amendment, if will not mean deletion or

a substantial change in the content of the operational programme objectives approved ^ 20).

The value of the funds of the operational fund reduction may not exceed

25% of the initially approved amount of ^ 21). This change request lodged

referred to in paragraph 1 the Fund to the lished the form not later than 15.

November of the year in which the change is made.



(5) If a summary of expenditure on environmental measures of the Organization

the producers or the transnational producer organisation based in the United

Republic of at least 10% of the reaches of the expenditure of the operational programme

approved by the Fund, the producer organisations or transnational

the producer organisation based in the Czech Republic to their operating

program at least 2 ^ 22) environmental measures from the list that is

listed in annex 1 to this regulation. Where the producer organisation

or the transnational producer organisation based in the Czech Republic ^ 36)



and only one) will carry out environmental measures included in the approved

of the operational programme, the Fund will return 20% of the aid granted to the competent

operational programme,



(b)) does not make any environmental measures included in the approved

of the operational programme, the Fund's returns 30% of the aid granted to the competent

operational programme,



c) devoting at least 10% of the expenditure in the approved operating


Programme on environmental measures, the Fund's returns 30% of the aid

provided on the operational programme.



(6) for the associations of producer organisations and transnational associations

the producers based in the Czech Republic, which holds the entire operating

program associations of producer organisations and transnational associations

producer organisations under the directly applicable European legislation

Union ^ 41), paragraph 5 shall apply mutatis mutandis.



(7) the list of operational programme measures ^ 43) producer organisations,

the transnational producer organisation based in the Czech Republic, Association of

producer organisations or transnational associations of producer organisations

based in the Czech Republic, which can be, for example, used to achieve the objectives of

According to the applicable legislation of the European Union directly ^ 23) is given in

Annex 2 to this regulation.



(8) producer organisations or transnational producer organisation

based in the Czech Republic shall submit a request for payment of part of the aid for

expenditure resulting from the operational programme ^ 24) lished Fund

form, for the costs incurred in



and the first quarter of the year), until the end of April of the same year,



(b)) the second quarter or in the first half of the year, to the end

in July of the same year,



(c)) the third quarter or in the third quarter, and in the periods referred to in

(b)) in the year to the end of October of the same year.



§ 9



Measures for crisis prevention



(1) on the territory of the Czech Republic does not apply the measures referred to in

the applicable legislation of the European Union governing the detailed rules in

fruit and vegetables ^ 25), which relates to the support to cover

the administrative costs of setting up mutual funds.



(2) the producer organisations, associations of producer organisations, transnational

producer organisations or transnational associations of producer organisations

delivers notification of all planned Fund withdrawal from the market, harvesting

immature fruit and vegetables or their non-harvesting, and at least 7

calendar days in advance ^ 44).



(3) producer organisations, associations of producer organisations, transnational

producer organisations or transnational associations of producer organisations

supplies fruit and vegetables withdrawn from the market for free ^ 45) into the



and a home for the elderly), a home for people with disabilities,

home with special regime, protected housing, House,

therapeutic community or socio-therapeutic workshops under the law on

social services,



b) primary or secondary school according to the Education Act,



(c)) for the performance of the educational establishment of institutional care or protective custody

or to the school facility for preventative educational care under the Act

about the performance of institutional care or protective care in school facilities

and preventative educational care in school facilities, or



(d)) the health care facility bed care under the law on health

services.



(4) producer organisations, associations of producer organisations, transnational

producer organisations or transnational associations of producer organisations

can fruit and vegetables withdrawn from the market to deliver to the processor, which

supplied products withdrawn from the market shall apply only in

non-food processing for energy purposes, with the exception of the production of

alcohol ^ 46).



(5) producer organisations, associations of producer organisations, transnational

producer organisations or transnational associations of producer organisations

in implementing the measures for crisis prevention shall act under the Act on

plant health care.



§ 10



The cost of internal transport



The basis for calculating the value of the marketed production can be included only

the cost of internal transportation within the territory of the Czech Republic as far as

distance 300 km ^ 2).



§ 11



The conditions for membership of some people in the Organization of producers



(1) a person who is not a producer as directly applicable legislation

The European Union ^ 27), may be accepted as a member of a producer organisation ^ 28),

If the subject of its activity conforms to the requirements and objectives referred to in

directly applicable legislation the European Union ^ 29).



(2) a person referred to in paragraph 1 does not have the right to have a say on the management of

the funds of the operational fund ^ 30) the competent organization

producers.



§ 12



Transitional provisions



(1) the decision of the Fund for the recognition or preliminary recognition for your organization

producers, associations of producer organisations, multinational organization

producers or transnational associations of producer organisations, issued in accordance with

the existing legislation ^ 32), remain in force; on the person, which was

the decision, issued by Council Regulation (EC) No 1234/2007

^ 33, as amended).



(2) where a producer organization or the transnational producer organisation

based in the Czech Republic intends to submit an application for approval of Fund

the operational programme in the calendar year 2008, will deliver the application to the Fund

the lished the form until 31 December 2006. October 2008 ^ 34).



(3) the procedure for recognition as a producer organisation or association

producer organisations or the procedure for the preliminary recognition of a group

producer initiated pursuant to the existing legislation, shall be completed

According to these regulations.



section 13 of the



Regulation (EEC)



Decree-Law No. 247/2004 Coll., on the implementation of certain measures

common organisation of the market in fruit and vegetables and products

processed fruit and vegetables, is hereby repealed.



§ 14



The effectiveness of the



This Regulation shall enter into force on 1 January 2000. September 2008.



Prime Minister:



Ing. Topolanek in r.



Minister of agriculture:



Mgr. Gandalovič in r.



Annex 1



List of environmental measures under § 8 para. 5

------------------------------------------------------------------------------------------------

The environmental requirements of the kind of action

measures

------------------------------------------------------------------------------------------------

No Name No. Description

------------------------------------------------------------------------------------------------

1. Increase natural 1.1. Buying a mulching machines and the increase in content of organic matter,

soil fertility of shredders in the soil and podporabiologického branches

life in the soil

------------------------------------------------------------------------------------------------

2. Erosion control measures 2.1. Sod orchards of avoiding erosion on sloping

and measures to accelerate land

hospodaření s vodou ------------------------------------------------------------------

in the landscape of 2.2. Investment in irrigation and reduction spotřebyvody Reduction

the device, in addition to the main water erosion by building

irrigation drip irrigation system or device

mikropostřiku of at least 25% of the

------------------------------------------------------------------------------------------------

3. Increase biodiversity 3.1. Introduction of organisms to increase the number of animals

with the exception of bees pollinating pollination of plants with the exception of

bees

------------------------------------------------------------------------------------------------

4. Organic Agriculture 4.1. Planting organic orchards to support farming methods

environmentally friendly,

reduction in the use of resources

on protection and fertilization of plants

------------------------------------------------------------------------------------------------

5. Advice, training 5.1. Training to raise the level of knowledge

measures of the national producers of selected

the frame of the CZECH REPUBLIC sector fruit and the measures of the national

vegetables for the operating framework of the CZECH REPUBLIC and sektoruovoce

programmes of the organisations vegetables for operational programmes

producer of producer organisations

------------------------------------------------------------------------------------------------

6. the promotion of non-chemical 6.1. Introduction of predators and reduce the burden of

methods of protecting the use of biological environment caused by using

resource protection methods for chemical protection,

ensure the natural biodiversity

to support useful organisms

------------------------------------------------------------------

6.2. Non-woven fabrics to reduce chemical protection

cover crop mechanically hindering

pests, reducing erosion

------------------------------------------------------------------------------------------------

7. measures to mitigate the 7.1. Replacing the old cooling Reduction zatíženíživotního

climate change (increasing the efficiency of systems

the cooling system)

of at least 25% of the

------------------------------------------------------------------

7.2. Thermal insulation Reduce objects spotřebyenergie

for storage and for at least 25%


postharvest adjustment



------------------------------------------------------------------------------------------------



Annex 2



The list of measures for the operational programme in accordance with § 8 para. 7



1) Precautions 1-Production Planning



and costs associated with the acquisition of) computer and office equipment,



(b) the expenses associated with the acquisition) software or



c) personnel costs in connection with the planning of production (for example,

estimates, harvesting dates, consistency between supply and demand, survey

the market).



2) measure no 2-quality of production



and costs associated with the acquisition) technologies for soil preparation,



(b) the expenses associated with the acquisition of) technology for the treatment of plants,



(c) the expenses associated with the acquisition) technologies for harvesting plants,



(d) the expenses associated with the acquisition) technologies for transport to production

post-harvest or for processing,



(e) the costs associated with the acquisition) of greenhouses or portfolio covers,



f) personal costs arising from measures to improve and maintain a high

levels of quality,



g) expenditure associated with the acquisition of transport equipment that maintain the quality of the

production,



h) costs associated with the building of network and systems portfolio covers,



I) expenses associated with the acquisition of equipment and machinery for the

monitoring of the quality,



j) expenses associated with the acquisition of equipment and quality-enhancing hygiene

storage space,



k) expenditure associated with the acquisition of the stabilizing technology

production or



l) expenses associated with the certification and safety products.



3) measure no 3-disposal of the production



and costs associated with the acquisition) technologies for postharvest adjustment

production,



(b) the expenses associated with the acquisition) technologies for sorting or packaging

production,



c) expenditure associated with the modification or creation of a storage and handling

space,



d) expenses associated with the certification process,



e) rental or leasing of storage and handling space as efficient

replacement construction of new warehouses,



f) staff costs and investment arising from measures to improve the level of

placing goods on the market,



g) expenses associated with the active marketing,



h) personnel costs arising from measures to increase the concentration of

menu,



I) expenses associated with an increase in the added value of the production



j) expenditure associated with the promotion of the brand of the producer organisation,

where appropriate, associations of producer organisations,



k) expenditure associated with the promotion of good eating habits,



l) expenses associated with the promotion of quality labels or



m) costs associated with the processing of own production.



4) Measures No 4-education and training



and) actions associated with obtaining technical information on integrated production

and organic farming,



b) actions associated with obtaining technical information on environmental

topics,



c) actions associated with obtaining expert information on the control of diseases and

pest control, product quality,



d) actions associated with obtaining expert information about traceability

products,



e) actions associated with obtaining expert information about improving and maintaining

high quality of production, or



f) consultancy to ensure high quality of production.



5) Action # 5-crisis prevention and resolution



and costs associated with ensuring) stability of the business environment

using insurance to 80% support,



(b)) expenditure associated with the promotion to increase consumption of fruits and vegetables in the

the time use of measures related to the prevention of crises,



c) expenses associated with replanting orchards with regard to mandatory

grubbing-up for health reasons or for plant health reasons or



d) expenses associated with downloading from the market is reaping the fruit and

vegetables or with their nesklízením.



6) action 6-environmental measures under § 8 para. 5. "



Selected provisions of the novel



Article. (II) the Government Decree No 215/2010 Sb.



Transitional provision



Proceedings initiated before the date of entry into force of this decree-law and to the

This day hedge contingent exposures are completed and the rights and obligations associated with it

shall be assessed in accordance with the Government Regulation No 318/2008 Coll., in the version in force in

the effective date of this regulation.



Article. (II) Decree-Law No. 309/Sb.



Transitional provision



The proceedings initiated before the date of entry into force of this Regulation shall be completed

and the rights and obligations associated therewith shall be assessed in accordance with regulation

No 318/2008 Coll., in the version in force before the date of entry into force of

of this regulation.



Article. (II) Government Regulation No. 179/2015 Sb.



Transitional provision



Processing of requests initiated pursuant to Government Regulation No. 318/2008 Coll., in

the version in force before the date of entry into force of this Regulation shall be completed

According to Government Regulation No. 318/2008 Coll., in the version in force before the date of

entry into force of this regulation.



1) Council Regulation (EC) No 1234/2007 of 22 March. October 2007 establishing a

common organisation of agricultural markets and on specific provisions for

certain agricultural products (single CMO Regulation

markets), as amended.



Commission Regulation (EC) No 1580/2007 of 21 December. December 2007 laying

down detailed rules for the application of Council Regulation (EC) No 2200/96, (EC) No.

No 2201/96 and (EC) no 1182/2007 in the fruit and vegetable sector, as

the text of the.



The Commission implementing Regulation (EU) No 543/2011 from 7 September. June 2011,

laying down detailed rules for the application of Council Regulation (EC) No 1234/2007

for the fruit and vegetable sector and the sector of the products of the fruit and vegetables,

as amended.



European Parliament and Council Regulation (EU) no 1308/2013 of 17 May.

December 2013, which lays down the common organisation of the markets in

agricultural products and repealing Council Regulation (EEC) no 922/72, (EEC) No.

234/79, (EEC) no 1037/2001 and (EC) No 1234/2007, as amended.



2) Article. 125b of Council Regulation (EC) No 1234/2007.



Article. 22 of Commission Regulation (EC) No 1580/2007.



4) Article. 154 European Parliament and Council Regulation (EU) no 1308/2013, in

as amended.



5) Article. paragraph 154. 1 (b). (b)) the European Parliament and of the Council (EU)

No 1308/2013, as amended.



6) Article. 21A.125c Council Regulation (EC) No 1234/2007.



Article. 34 of Commission Regulation (EC) No 1580/2007.



7) Article. 31 of the implementing Regulation (EU) No 543/2011, as

the text of the.



8) Article. 24 paragraph 2. 2 Commission Regulation (EC) No 1580/2007.



12) Article. paragraph 41. 1 Commission Regulation (EC) No 1580/2007.



14) Article. paragraph 41. 1 and 2 of Commission Regulation (EC) No 1580/2007.



15) Article. 45 of the implementing Commission Regulation (EU) No 543/2011, as

the text of the.



16) Article. 51 para. 4 Commission Regulation (EC) No 1580/2007.



17) Article. 26A of the implementing Commission Regulation (EU) No 543/2011, as

the text of the.



18) Article. the following subsection IIA of Council Regulation (EC) No 1234/2007.



Article. 56 of Commission Regulation (EC) No 1580/2007.



19) Article. 67 para. 3 of Commission Regulation (EC) No 1580/2007.



20) Article. 67 para. 1 Commission Regulation (EC) No 1580/2007.



21) Article. 67 para. 2 (a). c) Commission Regulation (EC) No 1580/2007.



22) Article. 103 c is a paragraph. 3 Council Regulation (EC) No 1234/2007.



23) Article. 103 c is a paragraph. 1 and 2 of Council Regulation (EC) No 1234/2007.



24) Article. 73 Commission Regulation (EC) No 1580/2007.



25) Article. 33 para. 3 European Parliament and Council Regulation (EU) No.

1308/2013, as amended.



Article. 73 of the implementing Commission Regulation (EU) No 543/2011, as amended.



26) Article. 50 para. 7 (b). (b)) of the implementing Regulation (EU) No.

543/2011, as amended.



27) Article. 21, art. 1 (b). and) Commission Regulation (EC) No 1580/2007.



28) Article. 32 para. 1 Commission Regulation (EC) No 1580/2007.



29) Article. 122, first subparagraph. (c)) and article. 125b of Council Regulation (EC) No.

1234/2007.



30) Article. 32 para. 3 of Commission Regulation (EC) No 1580/2007.



32) § 2 and 4 of Decree-Law No. 247/2004 Sb.



Article 33). 203a Council Regulation (EC) No 1234/2007.



Article 34). 64 of Commission Regulation (EC) No 1580/2007.



Article 35). 21 (a). f) Commission Regulation (EC) No 1580/2007.



Article 36). 146 Commission Regulation (EC) No 1580/2007.



Article 38). 103a paragraph 2. 1 (b). and) Council Regulation (EC) No 1234/2007.



Article 39). paragraph 39. 2 of the implementing Regulation (EU) No 543/2011.



40) Article. paragraph 36. 2 of the implementing Regulation (EU) No 543/2011.



41) Article. 62 of the implementing Commission Regulation (EU) No 543/2011.



Article 42). 19 para. 1 (b). and) of the implementing Regulation (EU) No.

543/2011, as amended.



Article 43). 19 (b). (g)) of the implementing Regulation (EU) No 543/2011, in

as amended.



44) Article. 78 para. 3 and article. paragraph 85. 1 (b). (c)) of the implementing regulation

The Commission Regulation (EU) No 543/2011, as amended.



Article 45). 34 para. 4 European Parliament and Council Regulation (EU) No.

1308/2013, as amended.



Article. 80(2). 2 of the implementing Regulation (EU) No 543/2011, as

the text of the.



Article 46). 80(2). 3 the implementing Commission Regulation (EU) No 543/2011, in

as amended.