The Implementation Of Market Measures Of The Common Organisation Of The Milk Market

Original Language Title: provádění tržních opatření společné organizace trhu s mlékem

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Read the untranslated law here: https://portal.gov.cz/app/zakony/download?idBiblio=57833&nr=225~2F2004~20Sb.&ft=txt

225/2004 Sb.



GOVERNMENT REGULATION



of 14 July 1999. April 2004



about some of the details of the implementation of the selected market measures of the common

organisation of the market in milk and milk products



Change: 120/2005 Sb.



Change: 269/2006 Sb.



Change: 50/2009 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. 85/2004 Coll., and

under section 11 c of paragraph 1. 7 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. 128/2003 Coll. and

Act No. 85/2004 Coll.:



§ 1



The subject of the edit



This regulation governs the implementation of some of the details of the selected market

common organisation of the market in milk and milk products, which are

listed in the binding rules of the European communities immediately ^ 1)

(hereinafter referred to as "selected market measures") whose adjustment immediately

binding regulations of the European Communities (hereinafter referred to as "the rules of the European

the community ") to the Member States of the European Union dictate or enables

to do this.



§ 2



Quality control of milk-based products



Control of compliance with the conditions of the selected market measures carried out in accordance

with special legislation ^ 2) State agricultural intervention fund

(hereinafter referred to as "the Fund"). Checks if the quality of the milk products referred to in

analytical methods laid down by the regulations of the European communities "^ 1") on the

the basis of samples taken in accordance with the provisions of the European

community, ^ 1) will require expertise from the Fund's approved

laboratory. ^ 3)



§ 3



Request for approval of natural and legal persons



(1) if required by the regulations of the European communities ^ 4) to enter the physical

or legal persons in the selected market measures approved by the competent

the authority shall submit the relevant natural or legal person the Fund request

approval.



(2) an application for approval shall be submitted on a form issued by the Fund. Natural

or legal person lodging the application for approval, the Fund served this in

accordance with the conditions laid down by the regulations of the European Communities; ^ 1)

the application for approval shall be submitted for each place of business, or for each

storage facilities outside the place of business of the applicant,

separately.



(3) an application for approval shall be accompanied by a document certifying that the

natural or legal person is an entrepreneur, according to a special legal

prescription. ^ 5)



§ 4



Monitoring of the prices of milk products



(1) the Fund for the purpose of monitoring of the prices of dairy products, listed in annex

No 1 to this Regulation (hereinafter referred to as "milk products"), chooses the

accordance with the regulations of the European communities ^ 6) natural and legal

the person producing the selected dairy products that collectively represent a

more than half of the total production of milk product in the selected

The Czech Republic (hereinafter referred to as "representative producers"); This fact

The Fund shall forthwith notify the representative producers.



(2) the manufacturer shall notify the representative of the Fund in accordance with the particular legal

Regulation ^ 7) every first working day of the calendar week in the twelfth

hours information



sold quantity selected) and milk products,



(b)) the price of selected dairy products put into circulation from the stock or from the

the establishment of the manufacturer, without value added tax,



(c)) of the fat content in selected dairy products and butter, the

information about the content of fat and water.



(3) the Fund may not more than twice during a calendar year change

the composition of representative producers, on the basis of changes in the composition of the

milk production in the Czech Republic, or in the event of justified

sufficient doubt about the representativeness of the selected representative

producers; When you change the composition of representative producers follows the Fund

referred to in paragraph 1.



(4) the information referred to in paragraph 2, the Fund provides the Ministry of agriculture.



§ 5



Intervention buying-in intervention purchases of butter and skimmed

milk



(1) the Fund for the implementation of intervention buying of butter on the basis of the

the selection procedure by a special legal regulation ^ 8) shall ensure

sufficient capacity, mrazírenskou satisfying the requirements referred to in

Annex 2 to this regulation.



(2) the Fund for the implementation of the intervention skimmed-purchase

milk on the basis of a selection procedure under a special legal

prescription ^ 8) ensure adequate storage capacity.



(3) the Fund exposes the selection procedures referred to in paragraphs 1 and 2, at least 15 days

before the expiry of the deadline for the submission of tenders,



and) in at least one nationally distributed journal,



(b)) in a way allowing remote access.



(4) the Fund when evaluating the selection procedure referred to in paragraphs 1 and 2 of the sorts

bodies that meet the conditions of the tender by the unit

storage costs, and natural or legal persons with

the lowest cost (hereinafter referred to as "storekeeper") suggests the conclusion

the contract until the freezer or storage

capacity.



(5) the Storer shall notify the Fund's intention to store milk products in accordance with

paragraphs 1 and 2, no later than 3 working days prior to the scheduled

storage; This is true even in the case that it is back in stock within

private storage for butter, skimmed milk powder, cream and

cheeses.



(6) if the butter or skimmed-milk powder may be offered to

intervention by the Fund in full.



(7) the Fund may within the framework of intervention buying to purchase only the butter

meeting the quality requirements with the indication "Czech creamy butter" ^ 8a)

or other designation laid down by the legislation of the European communities. ^ 9)



§ 6



Monitoring of the prices of butter for intervention buying by the Fund



(1) the Fund checks for intervention buying-in butter market prices of butter on the market

in the Czech Republic in accordance with the regulations of the European Communities ^ 10)

through the representative of producers of butter, selected in accordance with § 4

paragraph. 1.



(2) Representative producers of butter each on the first working day of the calendar

the week in the twelfth hour shall notify the Fund in accordance with the particular legal

^ 7) Regulation on a form issued by the Fund in a manner allowing remote

Access (electronic), the quantities sold and the price for butter for the intervention

the purchase of butter, under the terms of the provisions of the European

community. ^ 11)



(3) the provisions of § 4 para. 3 and 4 apply to monitoring of the prices of butter for

intervention buying-in of butter by analogy.



§ 6a



Support for the use of skimmed milk and skimmed-milk powder

used as feed



(1) the request ^ 11a) to provide support for the use of skimmed-milk powder,

where appropriate, the skimmed-milk powder incorporated in compound feed

or used to be denatured served by approved manufacturers of compound feedingstuffs, or

denatured skimmed-milk powder Pool ^ 11b) the issued

form, and that without delay, for the previous calendar month ^ 11 c).



(2) an application for the grant of aid the use of skimmed-milk powder

purchased in the context of the sale of skimmed-milk powder from public

storage ^ 11 d), incorporated in the compound feedingstuff or used to

denaturing served natural or legal person involved in part-

tender ^ 11e) Fund ^ 11b) the issued form,

without delay, for the previous calendar month ^ 11 c).



(3) the payment of aid for skimmed milk and skimmed-milk powder

processed into compound feedingstuffs or denaturing is used to carry out Fund

not later than 90 days from the date of receipt of the request for this great

support ^ 11 c).



§ 7



Support for the sale of butter at a reduced price



(1) the Fund provides the approved dodavatelům12) support for the sale of butter at

a reduced price on the basis of a certificate issued by the Fund (hereinafter referred to as

"coupon"), ^ 12a) and that natural or legal persons, or

organizational folders State providing social or health services

or acting as educational or educational function and operating exclusively on the

the territory of the Czech Republic (hereinafter referred to as "non-profit organizations").



(2) an application for the issue of vouchers, ^ 12b) serves the non-profit organization Fund

on a form issued by the Fund. The request shall be accompanied by an original or a

a certified copy of the extract from the commercial register, the Foundation of the Charter,

the Treaty on the establishment of a legal entity or another document certifying the

the legal status of the applicant for the issue of vouchers.



(3) an application for the grant of aid for the sale of butter at a reduced price serves

approved dodavatel12) Fund on a form issued by the Fund, within the time limit

regulations of the European communities. ^ 12 c) the request may be filed on

the amount of at least 3 tons of butter.



(4) non-profit organization, which was sold at a reduced price on butter

the basis of the aid on the sale of butter at a reduced price provided by approved

suppliers, 12) stores



and the accounting and other documents) related to the following by the butter and its

then using for at least 10 years after the end of the calendar

the year in which she was butter sold,



(b)) documents, on the basis of her Fund released the subscription certificate

of butter at a reduced price, for at least 5 years after the end of the calendar

the year in which it has been issued a certificate.



Section 7a




Support for the production of casein and caseinates from skimmed milk



The application for the grant of aid for the production of casein and caseinates from

skimmed-milk powder ^ 13) served by approved manufacturers of casein and caseinates

Fund on a form issued by the Fund, and under the immediately preceding

calendar month.



section 7b



The cost of sampling and laboratory analysis of a sample



Unless otherwise provided by the legislation of the European Community, the costs incurred in

connection with the collection and laboratory analysis shall be borne by the applicant for vzorku14)

support.



§ 7 c



The use of casein and caseinates in the manufacture of cheese



(1) an application for authorisation to use casein ^ 14a) or caseinates ^ 14a)

lished Fund served the form.



(2) overview of the natural and legal persons, which were allowed to use

casein and caseinates 14a) ^ ^ ^ 14a) in the manufacture of cheese ^ 14a) for a period of 12 months,

the Fund shall be published in one national journal, and in a manner allowing

remote access; This overview of the Fund continuously updates.



(3) the persons to whom the Fund was granted authorisation to use casein ^ 14a),

or caseinates ^ 14a), such permission shall be withdrawn if the



and cease production of cheese) with the use of casein, caseinates, if applicable,



(b)) violates any of the conditions for the issue of permits the use of casein,

or caseinates provided for directly applicable European law

^ 14b), the community



(c) fails to comply with the percentage amount) ^ 14 c) of casein, caseinates, if applicable,

in the manufacture of cheese.



§ 8



The effectiveness of the



This Regulation shall enter into force on the date of the Treaty of accession of the Czech

Republic to the European Union in force, with the exception of paragraph 3, which

shall take effect on the date of publication of this regulation.



Prime Minister:



PhDr. In r.



Minister of agriculture:



Ing. Palas in r.



Č. 1



The list of milk products for which manufacturers representative shall notify the Fund

specified information (§ 4 para. 1 and 2)



Group And



1. skimmed milk powder with a fat content up to 1.5% by weight, packed

in 25 kg sacks.



2. Dried whole milk with a fat content of 26% by weight, packed in

bags of 25 kg.



3. the water content of butter, with a maximum of 16% by weight and a fat content

at least 82% 250 g Pack (packaging).



4. the water content of butter, with a maximum of 16% by weight and a fat content

at least 82% or more, packages of 25 kg (the production of packaging-blocks).



5. Dried whey, packed in sacks of 25 kg.



6. the skimmed milk powder with a fat content up to 1.5% by weight,

used as forage for animals, packed in sacks of 25 kg.



7. the Casein, packed in sacks of 25 kg.



Group B



1. Lactose packed in bags.



2. Cheese eidam cheese with a fat content in the dry matter of at least 45% by weight.



3. the cheese with a fat content by weight of dry matter of 30%.



4. Cheese, Emmentaler type cheese Moravian loaf with a fat content of 45% in the dry matter

by weight.



5. Cheese, Emmentaler type cheese Mayor with a fat content of 45% in the dry matter

by weight.



6. the butterfat with a fat content of more than 99.3% by weight.



Č. 2



Requirements for freezer storage facilities into intervention

purchased butter



1. Freezer bought into intervention storage of butter is

must be located on the territory of the Czech Republic.



2. Freezer equipment for storage of butter bought into intervention

must comply with the hygiene requirements laid down specific legal

předpisem15) for facilities for treatment of milk and milk products sector.



3. the temperature in the storage rooms for the storage of frozen butter

must be no higher than-18 ° C.



4. the Freezer purchased into intervention storage of butter

must be equipped with appropriate facilities for loading, and operations transfering

removal from store bought into intervention butter.



Selected provisions of the novel



Article. (II) Act No. 50/2009 Sb.



Transitional provision



Legal relationships arising before the date of entry into force of this regulation,

assessed according to the existing legislation.



1) Council Regulation (EC) No 1255/1999 of 17 May 1999. May 1999 on the common

organisation of the market in milk and milk products, as amended

regulations.



Commission Regulation (EC) No 2771/1999 of 16 December 1999. December 1999 laying

laying down detailed rules for the application of Council Regulation (EC) No.

1255/1999 concerning the intervention on the market in butter and cream, as amended by

amended.



Commission Regulation (EC) No 214/2001 of 12 January 2001. January 2001 laying

down detailed rules for the implementation of Council Regulation (EC) No 1255/1999

of interventions on the market in skimmed-milk powder, as amended

regulations.



Commission Regulation (EEC) no 3378/91 of 20 December. November 1991

laying down detailed rules for the sale of butter from intervention stocks

on the export and additional regulation (EEC) No 569/88, as amended

regulations.



Commission Regulation (EEC) No 2204/1990 dated June 24. July 1990 laying down the

additional general rules on the common organisation of the market in milk and milk

products relating to the cheeses, as amended.



Commission Regulation (EEC) no 2742/1990 of 26 June. September 1990 laying

detailed rules for the application of the regulation, the Commission

(EEC) No 2204/1990, as amended.



Commission Regulation (EC) No 2659/94 of 31 October 1994. October 1994 regarding the implementation

rules for granting private storage aid for Grana

Padano, Parmigiano-Reggiano and Provolone cheeses, as amended.



Commission Regulation (EEC) No 2174/1992 of 30 April. July 1992 laying

lay down the implementing provisions for the granting of aid for private

storage of cheese Sao Jorge and Ilha, as amended.



Commission Regulation (EC) no 1070/2000 of 19 June 2000. May 2000 laying

down detailed rules for granting private storage aid

Kefalotyri and Kasseri, as amended.



Commission Regulation (EC) no 1069/2000 of 19 June 2000. May 2000 laying

down detailed rules for granting private storage aid

Pecorino Romano cheese, as amended.



Commission Regulation (EC) No 1073/2000 of 19 June 2000. May 2000 laying

down detailed rules for granting private storage aid

durable types of cheeses, as amended.



Commission Regulation (EEC) no 3143/85 of 11 December. November 1985 on the sale

of intervention butter intended for direct consumption in the form of a concentrated

butter at reduced prices, as amended.



Commission Regulation (EEC) No 1609/1988 of 9 June. June 1988, which

It sets a deadline for butter sold pursuant to

Regulation (EEC) no 3143/85 and no 570/88, as amended.



Commission Regulation (EC) No 2799/1999 of 17 May 1999. December 1999 laying

down detailed rules for the application of Council Regulation (EC) No 1255/1999 as regards

about the grant of aid for skimmed milk and skimmed-milk powder

used as animal feed and the sale of such skimmed-milk powder,

as amended.



Commission Regulation (EC) no 2571/97 of 15 December 1997 December 1997 on the sale of

butter at reduced prices and the granting of the allowance for cream, butter and

concentrated butter for use in the manufacture of pastry products,

ice-cream and other foodstuffs, as amended by later regulations.



Commission Regulation (EEC) no 429/1990 of 20 December. February 1990 on the granting of

contribution to the concentrated butter for direct consumption in the community

When the invitation to tender, as amended.



Commission Regulation (EC) No 2921/1990 of 10 June 1999. October 1990 on the promotion of

the production of casein and caseinates from skimmed-milk powder, as amended

regulations.



Commission Regulation (EEC) no 2191/81 of 31 July. July 1981 on the

provision of allowance for the purchase of butter by non-profit-making institutions and

organisations, as amended.



Commission Regulation (EC) No 213/2001 of 9 July. January 2001 laying

down detailed rules for the application of Council Regulation (EC) No 1255/1999 as regards

on methods of analysis and quality evaluation of milk and milk products

amending Regulation (EC) No 2771/1999 and no 2799/1999, as amended

regulations.



Commission Regulation (EC) No 1498/1999 of 8 October. July 1999 laying

lay down the detailed rules for the application of Council Regulation (EEC) No 804/68, if

It is a mutual communication between Member States and the Commission in the milk and

milk products, as amended.



Commission Regulation (EC) No 174/1999 of 26 November. January 1999 laying

lays down special detailed rules for the application of Council regulation

(EEC) No 804/68 as regards export licences and export refunds for

milk and milk products, as amended.



Commission Regulation (EC) no 1598/95 of 30 March 2004. June 1995 laying

lay down the detailed rules for the use of the system of additional import

duties in the milk and milk products sector, as amended.



Commission Regulation (EC) No 2535/2001 of 14 May 2001. December 2001 laying

down detailed rules for the application of Council Regulation (EC) No 1255/1999 as regards

concerning the import arrangements for milk and milk products and opening tariff quotas, in

as amended. Commission Regulation (EEC) no 896/1984 of 31 July.


March 1984 laying down additional measures relating to the provision of

the export refunds on milk and milk products, as amended

regulations.



Commission Regulation (EEC) No 776/1978 of 18 May. April 1978 on the application of

the lowest rate of refund on exports of dairy products and repealing and amending

some of the regulations, as amended.



Commission Regulation (EEC) no 1756/93 of 30 November 2005. June 1993 laying

the operative events for the agricultural conversion rate for the

milk and milk products, as amended.



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 760/2008 of 31 July. July 2008 laying

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

about how to enable the use of casein and caseinates in the manufacture of cheese.



2) Law No 249/1997 Coll., on agriculture, as amended by Act No 62/2000

Coll., Act No. 308/2000 Coll., Act No. 28/2003 Coll. and Act No. 85/2004

SB.



Act No. 257/2000 Coll., on the State agricultural intervention fund, and

amendments to certain other laws (the law on the State farm

the intervention fund), as amended by Act No. 128/2003 Coll., Act No. 41/2004

Coll. and Act No. 85/2004 Sb.



3) section 51a of the Act No. 167/1999 Coll., on health care and on amendments to certain

related laws (health law), as amended by Act No. 131/2003

SB.



Decree No 298/2003 Coll. on the national reference laboratories and

reference laboratories.



4) Article. 1 (1). 4 Commission Regulation (EEC) no 2191/81.



Article. 10 of Commission Regulation (EC) no 2571/97.



Article. 9 of Commission Regulation (EC) No 2799/1999.



Article. 5 Commission Regulation (EC) No 2771/1999.



Article. 3 (2). 1 Commission Regulation (EC) No 214/2001.



Article. 9 of Commission Regulation (EEC) no 429/1990.



5) § 2 (2). 2 of the commercial code.



6) Article. 6 of Commission Regulation (EC) No 1498/1999.



7) section 12 of Act No. 257/2000 Coll., as amended by Act No. 128/2003 Coll. and

Act No. 85/2004 Sb.



8) § 11 c of Act No. 257/2000 Coll., as amended by Act No. 128/2003 Coll.



8A) Decree No. 77/2003 Coll., laying down the requirements for milk and

dairy products, frozen creams and edible oils and fats, as amended by Decree

No 124/2004 Coll. and Decree No. 78/2005 Sb.



9) Annex No. 5 to Commission Regulation (EC) No 2771/1999.



10) Article. 7 Commission Regulation (EC) No 2771/1999.



11) Commission Regulation (EC) No 2771/1999.



11A) Article. 22 paragraph 1. 3 of Commission Regulation (EC) No 2799/1999.



Article 11b). 22 paragraph 1. 2 Commission Regulation (EC) No 2799/1999.



11 c) Article. 22 paragraph 1. 4 Commission Regulation (EC) No 2799/1999.



11 d) Article. 26 of Commission Regulation (EC) No 2799/1999.



11e) Article. 28 of Commission Regulation (EC) No 2799/1999.



12) Article. 1 (1). 4 Commission Regulation (EEC) no 2191/81.



12A) Article. 3 of Commission Regulation (EEC) no 2191/81.



Article 12B). 3 (2). 2 of Commission Regulation (EEC) no 2191/81.



Article 12 c). 3 (2). 1 of Commission Regulation (EEC) no 2191/81.



13) Commission Regulation (EC) No 2921/1990.



14) Commission Regulation (EC) No 2921/1990. Commission Regulation (EC) No.

2799/1999.



14A) Article. 119 of Council Regulation (EC) No 1234/2007, as amended. Annex

(III) the part of the Council Regulation (EC) No 1234/2007, as amended.



Article 14b). 119 of Council Regulation (EC) No 1234/2007, as amended.



Article. 3 of Commission Regulation (EC) no 760/2008.



14 c) Article. 2 (2). 1 Commission Regulation (EC) no 760/2008.



15) Decree No. 203/2003 Coll., on animal health requirements for milk and

dairy products.