A Group Of Producers Of Agricultural Commodities To Ensure A Common Sales

Original Language Title: skupiny výrobců zemědělských komodit zajišťující společný odbyt

Read the untranslated law here: https://portal.gov.cz/app/zakony/download?idBiblio=58659&nr=655~2F2004~20Sb.&ft=txt

655/2004 Sb.



GOVERNMENT REGULATION



from day 1. December 2004



on the determination of the conditions for the inclusion of groups of manufacturers, providing

common disposal of selected agricultural commodities, to program creation

third-party groups and the establishment of the conditions for granting subsidies to support

their activities



Change: 332/2007 Sb.



The Government ordered pursuant to section 2 c of paragraph 1. 5 of law No 249/1997 Coll., on

Agriculture, as amended by Act No. 85/2004 Coll. (hereinafter the "Act"):



§ 1



The subject of the edit



This regulation lays down further to the directly applicable provisions

Of the European Communities ' ^ 1 ') the conditions for the inclusion of groups of producers,

ensuring the joint sales of agricultural commodities (hereinafter referred to as "the Group

third-party "), in the programme for the establishment of groups of producers (hereinafter referred to as

the "program") and the conditions for granting subsidies to the producers ' group to support

their activities (hereinafter referred to as "grants").



§ 2



Definition of terms



For the purposes of this regulation, means a



and agricultural commodity raw product) primary agricultural production,

referred to in the annex to this regulation for the disposal of its common

a group of producers,



(b)) production agricultural commodities traded in units of measure

units, referred to in the annex to this regulation, sold in the

calendar year (article 5 (4)),



(c) by a group of producers trading company) or cooperative, ^ 2) whose

the subject of activity is the joint sales of the agricultural

commodities,



d) program measures to promote the activities of groups of producers and to strengthen

their competitiveness,



e) common rules rules published by the manufacturers group

a group of manufacturers, regulating the production, technological and organizational

procedures, requirements for the quality and marketing of the agricultural commodities,

referred to in the annex to this regulation, this group of producers on the market.



§ 3



The conditions of inclusion of a group of producers to the program



The State agricultural intervention fund (hereinafter referred to as "the Fund") to be classified a group

the producers of the programme on the basis of the requests received Fund (hereinafter referred to as

"request for inclusion"), if this group of producers



a) fulfils the condition of annual production in the value traded of at least 3 000

EUR or the condition of at least 5 members ^ 3) ^ 4) or of the members of the Group

producers (hereinafter referred to as ' Member '),



(b)) was established for the period from 1. May 2004 to 31 December 2004. October 2006.



§ 4



Application for inclusion into the program



(1) the application for inclusion shall be submitted to the Fund not later than on the lished the

until 31 December 2006. October 2006. Request contains



and the information referred to in § 3), para. 2 of the Act,



(b) the date of registration) Group of manufacturers in the commercial register,



(c) the name and residence or) the name and address of the person or persons who are

statutory body or its members, with an indication of the way in which they are acting

on behalf of the legal person; If the statutory body or its

a member of the legal person, whether or not the name and address of the persons who are

the statutory body of the legal person, or a member of its

statutory authority,



d) determination of agricultural commodities, where appropriate, the destination of agricultural commodities,

for that group of manufacturers asking for the inclusion,



(e)) the observations above the financial value of marketable production for the calendar

the year preceding the calendar year in which the application is made on the

classification.



(2) an integral part of the application for inclusion is



and) an extract from the commercial register, ^ 5) not older than 3 months,



(b) a list of the members of the Group of producers), including an indication of the address of their place of

business address, as appropriate, their settlements, with an indication of the agricultural

the commodity that you produce and whose consumption is provided using

a group of producers,



(c)) ^ 6) social contract or statutes ^ 7) Group of producers,



(d)) business plan of the Group of producers, containing the definition of the subject and the

goals of the business and financial plan of the business.



§ 5



The conditions for granting subsidies



(1) Subsidies for the calendar year shall be granted to a group of producers on

the request (section 6), if the Group of manufacturers



and) was included in the programme until 31 December 2006. in December 2006, ^ 8)



(b) the disposal of the competent) provides agricultural commodities, referred to in the annex to

of this regulation,



c) fulfils the condition of annual production in the value traded of at least 3 000

USD, or the condition of at least 5 members,



(d) the agricultural commodity purchases), referred to in the annex to

of this regulation, from the third party only



1. If the quantity of this commodity does not exceed 10% of the volume

of the total traded production of agricultural commodities from the members of the relevant

calendar year, or



2. in the case of the obligation to supply obligations for its members,

has not fulfilled these obligations, for it stemming from social

the Treaty, ^ 6) ^ 7) articles of association or of the volume of traded contracts, production,



e) all members are doing business with natural or legal

persons that produce at least 1 agricultural commodity referred to in

the annex to this regulation, the disposal of the

a group of producers, for which the group is to be paid to producers

of the grant,



f) all members of the selling on the market its entire market traded

the production of agricultural commodities through a third-party group, for

that has to be paid to the producers ' group grants.



(2) the grant shall be a third-party group for the duration of 5 calendar

years from the date on which the producers ' group was included in the program.



(3) the grant to a group of producers shall be based on the applicant communicated above

the financial value of the annual production of the agricultural-traded

commodities for which third-party group has been included in the programme,

coming from their members.



(4) the amount of the financial value of the annual production, the applicant shall notify the traded

The Fund is always for the period of the calendar year and the communication

provide proof of the necessary documents (§ 6 (2)). The first calendar year for

which shall be determined by the amount of the financial value of the annual production of traded for

the purpose of this regulation is the calendar year in which the Group of manufacturers

included in the program. The financial value of the annual production is traded

include data for the period beginning on the day on which the calendar

Group of manufacturers included in the program, and ends on the last day of the

of the calendar year. The financial value of the annual production is traded

does not include the production of agricultural commodities, which was sold to a group of

third-party back to one of the members of the Group of producers.



(5) the amount of the subsidy for the calendar year is 5% in the first

calendar year, 5% in the second calendar year, 4% in the third

calendar year, 3% in the fourth calendar year and 2% in the fifth

the calendar year of the financial value of the annual production of traded

placed on the market. The amount of subsidies granted to producers for the Group

calendar year may not exceed the amount of EUR 11 220.



§ 6



The request for a grant



(1) an application for the granting of aid for the calendar year shall submit group

third-party Fund the lished the form in period 1. January to 15.

February of the following calendar year.



(2) an integral part of an application for the grant is



and copy accounting documents) demonstrate the appropriate annual traded

production of a third-party group, which is the Group of manufacturers applied

a request for a subsidy,



(b) extract from the commercial register) ^ 5) not older than 3 months,



(c) the amount of the financial value) the communication of the relevant annual traded production

groups of producers (article 5 (4)),



(d) a copy of the contract concluded between) a group of producers and its members about the

the volume, the amount of the reimbursement method and the appropriate annual traded production,



(e) a copy of the common rules) Group of manufacturers.



§ 7



Provisions of the common



If the Fund finds that a group of producers, pertaining to the programme launched

false information in an application pursuant to section 4 or section 5 in relation to the conditions of the

the provision of subsidies, it shall proceed according to the specific legislation and according to the

regulations of the European communities. ^ 9)



§ 8



The effectiveness of the



This Regulation shall enter into force on the twentieth day after the date of its publication.



Prime Minister:



JUDr. Gross v. r.



Minister of agriculture:



Ing. Palas in r.



XIII.



List of agricultural commodities to ensure their common sales

a group of producers,

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

Agricultural commodity unit of measure

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

Bee products t

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

Cereals t

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

Oilseeds t

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

Potatoes t

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

Flax and hemp grown for fibre, t

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

Flowers and ornamental trees SC

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

Aromatic plants, medicinal and culinary plants t

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

Nursery crops of fruit tree species, SC

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

Bovine animals for t

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

Pigs for slaughter t

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


Slaughter poultry t

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

Ovine and caprine t

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

Slaughter ratites t

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



Selected provisions of the novel



Article. (II) of Regulation No 334/2007 Sb.



Transitional provision



Claims for subsidy to a group of producers to support their activities, resulting from the

before the date of entry into force of this regulation, shall be assessed in accordance with

the existing legislation.



1) Council Regulation (EC) No 1257/1999 of 17 May 1999. May 1999, on support for

rural development from the European agricultural guidance and guarantee fund

(EAGGF) and amending and repealing certain regulations, as amended by the Treaty on the

of accession.



Commission Regulation (EC) No 817/2004 of 29 April 2004. April 2004 laying

down detailed rules for the application of Council Regulation (EC) No 1257/1999 on support

for rural development from the European agricultural guidance and guarantee

Fund (EAGGF).



2) § 56 and 221 of the commercial code.



3) § 76, 93, 105, and 154 of the commercial code.



4) § 221 of the commercial code.



5) § 27a para. 1 of the commercial code.



6) § 57 of the commercial code.



7) § 224 of the commercial code.



9) Article. 72 Commission Regulation (EC) No 817/2004.