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.
