Implementation Of The Measures Of The Common Organisation Of The Markets In The Sugar Sector

Original Language Title: provádění opatření společné organizace trhů v odvětví cukru

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now

Read the untranslated law here: https://portal.gov.cz/app/zakony/download?idBiblio=62825&nr=337~2F2006~20Sb.&ft=txt

337/2006 Sb.



GOVERNMENT REGULATION



of 21 June 1999. June 2006



on the determination of certain terms of the implementation of the measures of the common organisation

the markets in the sugar sector



Change: 44/2007 Sb.



The Government directs pursuant to § 1 (1). 3 and § 11 para. 9 of Act No. 256/2000

Coll., on the State agricultural intervention fund and amending certain

other laws (the law on the State agricultural intervention fund), in the

amended by Act No. 128/2003 Coll. and Act No. 441/2005 Coll. and under section 2b

paragraph. 2 of law No 249/1997 Coll., on agriculture, as amended by Act No.

128/2003 Coll. and Act No. 441/2005 Coll.:



§ 1



The subject of the edit



This regulation ^ 1) modifies the following on directly applicable provisions of

^ 2) of the European Communities (hereinafter referred to as "regulation of the European communities")

some of the conditions of implementation of the measures of the common organisation of markets in the sector

sugar.



§ 2



Basic concepts



In this regulation means



and the sugar undertaking) the person who produces sugar and has its registered office in the territory

The United States ^ 3),



(b) the advanced equipment of the sugar company) intended for the manufacture of sugar

located on the territory of the Czech Republic ^ 4),



c) beet farming product ^ 5) produced on the territory of the

The United States for the production of sugar in the sugar refinery.



§ 3



Approval of the sugar company



(1) an application for the approval of the sugar undertaking submits the sugar

venture to the State agricultural intervention fund (hereinafter referred to as "the Fund") to the

July 15, 2006 on a form issued by the Fund.



(2) the sugar undertaking the request under paragraph 1 shall be accompanied by



and) an extract from the commercial register, which proves that the object of his

business is the production of sugar,



(b)) a statement that the user is a machine-technological equipment

intended for processing of sugar beet and sugar production,



c) a statement that the Fund will provide information about your business

activities, and that shall be subject to inspection in accordance with the European

Community ^ 8),



d) a declaration that it is not subject to proceedings for the suspension or withdrawal of

approval ^ 8).



(3) the Fund shall decide on the approval of the sugar undertaking pursuant to Regulation

Of the European communities ^ 8). Approval of the sugar business, together with the

the communication of the amount of the quotas referred to in regulation of the European Communities shall notify ^ 3)

This fund the sugar undertaking undertaking; in the notice, the Fund shall be broken down

the amount of the quotas allocated to each sugar factories of the competent

the sugar undertaking ^ 4).



§ 4



Editing quotas



(1) If a regulation of the European communities to modify quota ^ 9)

laid down for the Czech Republic for the marketing year 2006/2007, the Fund to

October 31, 2006, the sugar undertaking concerned shall notify the undertaking of quotas for

marketing year 2006/2007 ^ 10), broken down by individual sugar factories

the sugar company.



(2) If a regulation of the European communities to modify quota ^ 9)

laid down for the Czech Republic for the marketing years 2007/2008,

2008/2009 2009/2010 2010/2011 or ^ 10), the Fund until the end of February

previous marketing year ^ 11) shall notify in writing the sugar undertaking

the company the amount of quota for the marketing year, broken down by

individual sugar factories of the sugar business.



§ 5



Additional quota



(1) the Fund before 15. the sugar undertaking shall notify the company August 2006 ^ 3) market share

the allocated quantity of sugar within the maximum additional quota

laid down for the Czech Republic by a regulation of the European communities ^ 12)

that corresponds to the share of the quota allocated to the sugar undertaking business and quotas

allocated to the Czech Republic by a regulation of the European Communities (13) ^ ^

"the units of quantity").



(2) an application for the allocation of additional quotas ^ 14) for the period from the beginning of the

the 2006/2007 marketing year may submit a sugar undertaking Fund

September 30, 2006. In the request for the allocation of additional quotas ^ 14) sugar

the undertaking shall communicate a maximum quantity of units pursuant to paragraph 1. To the application

sugar undertaking shall be accompanied by a document or an expert opinion, proving

to be able to due to the production capacity of its sugar mills to produce

the quantities of sugar corresponding to the assigned quota increased by

an additional quota.



(3) the sugar undertaking in the application referred to in paragraph 2 shall indicate whether

requests for the period from the beginning of marketing year 2007/2008 allocation

any remaining quantities of sugar from the additional quota allocated to the United

Republic of legislation of the European communities.



(4) the Fund shall be allocated an additional quota referred to in paragraph 2 for the period from the beginning of the

the 2006/2007 marketing year the sugar undertaking company, which asked,

have been delegated from the beginning of the marketing year, with

the condition that the sugar undertaking shall be reimbursed by the Fund to 28. February 13, 2007

a lump sum for the allocated an additional quota regulation

Of the European communities ^ 15).



(5) an application for the allocation of additional quotas ^ 14) for the period from the beginning of the

the 2007/2008 marketing year may submit a sugar undertaking, which

additional quota was not allocated in accordance with paragraph 4, to 30. September

2007 ^ 16). In the request for the allocation of the additional quota sugar undertaking

indicate the maximum units of quantity in accordance with paragraph 1. To the application

sugar undertaking shall be accompanied by a document or an expert opinion, which

proves that it is capable of, given the production capacity of its sugar factories

to produce the quantities of sugar corresponding to the assigned quota increased by

an additional quota.



(6) the sugar undertaking in the request referred to in paragraph 5 shall, at the same time that the

requests for the period from the beginning of marketing year 2007/2008 allocation

any remaining quantities of sugar from the additional quota allocated to the United

Republic of legislation of the European communities.



(7) the Fund shall be allocated an additional quota referred to in paragraph 5 for the period from the beginning of the

the 2007/2008 marketing year the sugar undertaking the undertaking which requested

have been delegated from the beginning of marketing year 2007/2008, with the

the condition that the sugar undertaking shall pay into the Fund 30. November 2007

a lump sum for the allocated an additional quota regulation

Of the European communities ^ 15).



(8) the Fund until 31 December 2006. December 2007 will be published in the national journal, and in a manner

allowing remote access the remaining quantities of sugar from the maximum

the additional quota allocated by the Czech Republic, by a regulation of the European

Community ^ 12), which was not requested in accordance with paragraph 2, or 5, or

that was not within the time limit under paragraph 4 or 7 paid.



(9) if the sugar undertaking referred to in paragraph 3, or

in accordance with paragraph 6, requested the allocation of any remaining quantity

the maximum additional sugar quota allocated to the Czech Republic regulation

Of the European communities ^ 12) and after the distribution of the additional quotas referred to in

paragraphs 4 and 7 is still available to Fund the remaining amount of sugar,

be allocated for the period from the beginning of marketing year 2007/2008

the sugar undertaking undertaking provided that the Fund shall reimburse to 28. February 2008

a lump sum for the allocated an additional quota regulation

Of the European communities ^ 15).



(10) in the case of a request referred to in paragraph 3, as appropriate, in accordance with paragraph

6, more than one sugar undertaking, the Fund will split the remaining

the quantities of sugar between sugar undertakings rather in quantity

corresponds to the proportion of additional quota allocated to the sugar undertaking Enterprise

paragraph 4 or 7, and the sum of the additional sugar quotas allocated to

undertakings that require the allocation of any remaining quantity

sugar.



§ 6



The transfer of quotas when changing ownership or user relations



If the sugar undertaking to change the matters referred to in

Regulation of the European Communities shall notify ^ 17) sugar undertaking this

a change in the time limit of 15 days from the date when this change occurred, the Fund to

a form issued by the Fund. In the case of a change affecting the amount of quotas,

does the Fund transfer quotas or portions of ^ 18) and notify the change

existing or new quotas.



§ 7



Their activities



(1) the sugar undertaking shall notify the Fund in writing their sugar production ^ 19)

or the conclusion of the sugar refinery operated by it ^ 17), within 15 days from the date of

the termination of the production of sugar or the conclusion of the sugar refinery.



(2) if the sugar undertaking within the time limit referred to in paragraph 1 the Fund shall demonstrate

that the contract for the delivery of beet from grower to another contract

It operated a sugar refinery, part of the quota attributable to a closed sugar factory

It is maintained. Otherwise Fund quota or part of the quota shall be allocated to another

the sugar undertaking undertaking



and took over liabilities to) growers of sugar beet sugar dodávajícímu

beet sugar undertaking the undertaking referred to in paragraph 1, and to the extent that they

These commitments correspond to the quota or part of the quota of the sugar company

referred to in paragraph 1,



(b)) provide proof of an expert's report or other document that is able to

due to production capacity operated by sugar mills to produce

the quantities of sugar corresponding to the quota or part thereof.



Change the quota Fund shall immediately notify the competent holder of quota.



§ 8



Notice of transfer of surplus sugar



Notice of transfer of surplus sugar to the following marketing

of the year, carried out under the conditions laid down by a regulation of the European

Community ^ 20), serves to Fund sugar undertaking 1. February


of the marketing year on a form issued by the Fund.



§ 9



Minimum sugar beet price



Minimum sugar beet price established by a regulation of the European

Community ^ 21) is considered an officially determined price ^ 22).



§ 10



The quantities of sugar withdrawn from the market



If the authorities of the European Communities shall take measures as prescribed by the

Of the European communities ^ 22a), Fund to 15. November of the respective

marketing year the sugar undertaking company shall notify in writing the amount of

sugar within the quota for the marketing year

sugar undertaking downloads from the market.



§ 11



Restructuring aid



(1) when determining the percentage of support for a group of growers

sugar beet ^ 23) is based on the Fund, in particular, of the enumerations of the loss of sales and

economic compensation for the injury resulting from the termination of the cultivation of

beet for the marketing year for which the quota renounced.



(2) as a criterion for the allocation of part of the aid within a group

sugar beet growers ^ 24) the Fund shall take into account, in particular, the percentage of

the quantity of sugar beet growers in the sugar quota for each of the

the company, under the relevant quota renounced, by

contract concluded between the undertaking and the beet growers on the

the marketing year preceding the marketing year for which the

renounced.



(3) when determining the percentage of support for contractors

machines ^ 23) is based on the Fund, in particular, of the economic injury as a result of enumerations

the loss of value of their specialised machines unusable for other

purposes than the work associated with the cultivation of sugar beet, which because of

their beet production will no longer be used in the framework of the

commitments to sugar beet of the undertaking concerned, and in particular on the

the basis of the following objective criteria



and the sum of balance of price specialised) machines, or parts of

balance the prices of these machines, the corresponding proportion in which they were

These machines provided services to sugar beet growers supplying

the undertaking concerned under the relevant quota renounced,



(b)) the total volume of services provided by these machines in the marketing

the year preceding the marketing year for which the undertaking concerned

He gave up the quota.



(4) as a criterion for the allocation of part of the aid within a group

machinery contractors ' ^ 24) the Fund shall take into account, in particular, the share of

book value of these machines on the sum of balance price per group

machinery contractors '.



(5) the procedure referred to in paragraphs 1 to 4, the Fund may impose additional criteria

discussed at the consultations in accordance with the regulation of the European communities ^ 25).



§ 12



Information on the production of quota sugar



(1) the sugar undertaking shall notify the Fund until 31 December 2006. July 2006, information on the

its annual sugar production final ^ 27) for the marketing year 2005/2006 on

a form issued by the Fund.



(2) the sugar undertaking shall notify the Fund until 31 December 2006. January, the competent

marketing year ^ 10) preliminary information on its total production

sugar ^ 27a) in the relevant marketing year on a form issued by the Fund.



(3) the sugar undertaking shall notify the Fund to 15. September of the respective

marketing year, its total production of sugar ^ 27a)

the past marketing year, on a form issued by the Fund.



section 13 of the



The provision of information



(1) the sugar undertaking provides the Fund in addition to the information specified in §

12 and the regulation of the European communities ^ 2) information about the



a) the quantities of beet intended for the manufacture of sugar quota and

the quantities of beet intended for the manufacture of sugar not subject to quotas, on the

that has entered into a contract for the delivery of beet for the following marketing

the year; information shall be submitted prior to sowing by 31 December. March of the competent

of the marketing year in which the delivery contracts concluded



(b) the implied yield of sugar beet) in accordance with point (a)) per hectare, and

implied yields of sugar per hectare; information is given to 31.

March of the marketing year in which the contracts for the supply of

beet concluded



(c) the sugar content in sugar agreed) the beets under (a)); the information is

served until 31 December 2006. March of the marketing year in which the Treaty

delivery of the sugar beet,



(d)) the estimated yield of the sugar from sugar beet referred to in subparagraph (a));

information is given to 31. March of the marketing year,

where delivery contracts for beet concluded



e) sugar beet crop areas under (a)) in the appropriate

marketing year and the quantities of beet referred to in subparagraph (a)), which in

He took over the marketing year concerned from the sellers of beet;

information is given to 31. January of the marketing year,



(f)) of the data referred to in subparagraph (e) estimate) for the following marketing year;

information is given to the 1. in May of the marketing year,



g) start and end processing of sugar beet in the sugar refinery; information

shall be filed within 10 days after the date of termination of the processing of sugar beet in

sugar refinery,



h) inventory stock of sugar at 31 December 2002. January and on 30 September. June

of the marketing year; information shall be submitted within 10 days after the

the expiry of the said data,



and it produced) quantity of industrial sugar ^ 28) for the relevant

marketing year; information is given to 31. October of the relevant

the calendar year,



(j) the quantity manufactured by him) surplus sugar ^ 29) in the

marketing year; information is given to 31. October of the relevant

of the calendar year.



(2) the sugar undertaking, which is in possession of a quota, provides a pool of

for information about the



and it produced) quantity of industrial and surplus sugar for

the marketing year; information is given to 31. October of the relevant

the calendar year,



(b) it produced) quantity of surplus sugar exported during

the previous month of the marketing year; the information is

served until the end of the following month,



c) counting sugar stock to 31. January and on 30 September. June

of the marketing year; information shall be submitted within 10 days after the

the expiry of the said data,



(d) a change in its ownership or) user relations to operated by the

installations for the production of sugar within 10 days from the date when such a change is entered

into force.



(3) the Fund shall be entitled to request from the sugar business original

the text of the Treaty or its certified copy of this

sugar undertaking in the relevant marketing year has entered into with the seller

sugar beet ^ 31).



(4) in the event of the conclusion of the agreements within the trade as prescribed

Of the European communities ^ 32), the Fund shall provide the Contracting Parties of this agreement

the original or a certified copy of it.



§ 14



cancelled



§ 15



Regulation (EEC)



Government Regulation No. 548/2005 Coll., on the establishment of certain conditions

implementation of the measures of the common organisation of the markets in the sugar sector, as amended by

Constitutional Court declared under no 154/2006, is repealed.



section 16 of the



The effectiveness of the



This Regulation shall enter into force on 1 January 2000. July 2006.



Prime Minister:



Ing. Paroubek in r.



Minister of agriculture:



Ing. Mládek, CSc. v. r.



1) Is released for the implementation of and within the law, whose content allows you to

make an adjustment in the wake of the directly applicable European regulation

the Community regulation of the Government.



2) Council Regulation (EC) No 318/2006 of 20 February 2006 February 2006 on the common

organisation of the markets in the sugar sector.



Council Regulation (EC) No 319/2006 of 20 February 2006 in February 2006, amending

Regulation (EC) No 1782/2003 establishing common rules for

direct support schemes under the common agricultural policy and establishing

establishing certain support schemes for farmers.



Council Regulation (EC) No 320/2006 of 20 February 2006 February 2006 establishing

temporary scheme for the restructuring of the sugar industry in the

The community and amending Regulation (EC) No 1290/2005 on the financing of the

the common agricultural policy.



Commission Regulation (EEC) No 1079/1967 dated March 22. December 1967 on

the detailed rules for fixing basic quotas in the sugar sector, in

as amended.



Council Regulation (EEC) No 594/74 of 20 November 2003. November 1974 on the monitoring of

movement of sugar.



Commission Regulation (EEC) no 1516/74 of 18 April. June 1974 on the supervision

the Member States of contracts concluded between sugar manufacturers and

sugar beet producers.



Commission Regulation (EC) no 1262/2001 of 27 April 2001. June 2001 laying

down detailed rules for the application of Council Regulation (EC) No 1260/2001, in respect

the purchase and sale of sugar by intervention agencies, as amended.



Commission Regulation (EC) No 493/2006 of 27 January. March 2006

down transitional measures in the framework of the reform of the common organisation of the markets in

the sugar sector and amending Regulation (EC) No 1265/2001 and regulation

(EC) No 314/2002.



Commission Regulation (EC) no 950/2006 of 28 April 2006. June 2006 fixing for

the marketing years 2006/2007, 2007/2008 and 2008/2009 lays down the detailed

rules for the import and refining of sugar products under the

certain tariff quotas and preferential agreements.



Commission Regulation (EC) no 951/2006 of 30 June 2006 June 2006 laying


down detailed rules for the application of Council Regulation (EC) No 318/2006

trade with third countries in the sugar sector.



Commission Regulation (EC) no 952/2006 of 29 May. June 2006 regarding the implementation of

rules for the implementation of Council Regulation (EC) No 318/2006 as regards the management

the internal market in sugar and the quota system.



Commission Regulation (EC) no 967/2006 of 29 May. June 2006 laying

down detailed rules for the application of Council Regulation (EC) No 318/2006

of sugar production in excess of quotas.



Commission Regulation (EC) No 968/2006 of 27 January. June 2006 laying

down detailed rules for the application of Council Regulation (EC) No 320/2006 establishing a

establishing a temporary scheme for the restructuring of the sugar industry in the

The community.



3) Article. 7 (2). 2 Council Regulation (EC) No 318/2006.



4) Article. 7 (2). 3 Council Regulation (EC) No 318/2006.



5) § 2e paragraph. 3 of law No 249/1997 Coll., on agriculture, as amended by law

No 85/2004 Sb.



8) Article. Article 17(1). 1 Council Regulation (EC) No 318/2006.



9) Article. 10 of Council Regulation (EC) No 318/2006.



10) Article. 1 (1). 2 Council Regulation (EC) No 318/2006.



11) annex V point VI of Council Regulation (EC) No 318/2006.



12) annex IV to Council Regulation (EC) No 318/2006.



13) Annex III to Council Regulation (EC) No 318/2006.



14) Article. 8 Council Regulation (EC) No 318/2006.



15) Article. 8 (2). 3 to 5 of Council Regulation (EC) No 318/2006.



16) Article. 8 (2). 1 Council Regulation (EC) No 318/2006.



17) annex V, point I to Council Regulation (EC) No 318/2006.



18) Article. 11 (1) 2 and 3, and annex V to Council Regulation (EC) No 318/2006.



19) Section II, paragraph 1. 3 of annex V to Council Regulation (EC) No 318/2006.



20) Article. 14 Council Regulation (EC) No 318/2006.



21) Article. 5 of Council Regulation (EC) No 318/2006.



22) section 5 of the Act No. 526/1990 Coll., on prices.



Article 22a). Council Regulation (EC) No 318/2006.



23) Article. 3 (2). 6 Council Regulation (EC) No 320/2006.



24) Article. 6 (1). 1 (b). and) Commission Regulation (EC) No 968/2006.



27) Article. 5 Commission Regulation (EC) No 314/2002.



Article 27A). 6 of Commission Regulation (EC) no 952/2006.



28) Article. 2 (2). 6 Council Regulation (EC) No 318/2006.



29) Article. 2 (2). 8 Council Regulation (EC) No 318/2006.



31) Commission Regulation (EEC) no 1516/74.



Article 32). 2 (2). 11 of Council Regulation (EC) No 318/2006.