The Act Of 9 May 2008 About The Agency For Restructuring And Modernisation Of Agriculture

Original Language Title: USTAWA z dnia 9 maja 2008 r. o Agencji Restrukturyzacji i Modernizacji Rolnictwa

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$20 per month, or Get a Day Pass for only USD$4.99.
Article. 1. [range] Act specifies: 1) the tasks and organisation of the Agency for restructuring and modernisation of agriculture, hereinafter referred to as "the Agency";

2) the principle of debt relief, in whole or in part, break down, postponing the deadline for repayments and the sale of the debt to the Agency.

Article. 2. [Legal Status] 1. The Agency is a State legal person.

2. The Agency shall be located in the city of Warsaw.

3. the Agency shall not be liable for the obligations of the State Treasury, and the Treasury is not responsible for the obligations of the Agency.

Article. 3. [supervising Agency] 1. The supervision of the Agency exercises competent minister of rural development, and in terms of financial management – the proper minister of public financies.

2. the Council of Ministers shall determine, by regulation, the specific scope, manner and mode of supervision of the Agency in the field of financial management, including the conduct of financial control for the management of funds with the funds of the European Union and national public funds intended for the co-financing of the expenditure of these funds, as well as national public funds intended for the functioning of the Agency and the implementation of its tasks, with a view to ensuring the proper and effective use of resources.

Article. 4. the [Tasks] 1. Task of the Agency is to promote: 1) investment in agriculture, fishing, processing of agricultural products and processing of fish, crustaceans and molluscs;

2) projects related to the resumption of production in the farms and special departments of agricultural production, in which occurred the damage caused by the drought, hail, microburst, negative effects of przezimowania, spring frost, flood, hurricane, lightning, landslide or avalanche, within the meaning of the provisions on insurance of agricultural crops and livestock;

3) improvement of the agrarian structure, in particular the creation and enhancement of family households within the meaning of the provisions on the formation of agricultural structure;

4) formation and development of agricultural producer groups and their associations;

5) the development of organic agriculture and education in the field of ecology;

6) training the villagers eligible loans and credits on the terms specified in the rules about loans and student loans;

7) the collection, transport and disposal of dead farm animals of the species cattle, sheep, goats, pigs or horses;

8) other tasks arising out of the State policy in the field of agriculture, rural development and the processing of agricultural products or from the common agricultural policy or within the scope of Government Department-fisheries.

2. the Agency shall implement tasks set out in paragraph 2. 1 by: 1) premium to interest on the Bank loans;

2) partial repayment of capital a bank loan;

3) underwriting and credit guarantee, set out in the financing plan;

4) repayment sureties borrowing student loans on the basis of the provisions on loans and student loans – in the case of tasks referred to in paragraph 1. 1 point 6;

5) funding or participating in funding – in the case of the tasks referred to in paragraph 1. 1 paragraphs 4, 5, 7, and 8.

3. the Agency carries out the task referred to in paragraph 1. 1, paragraph 3, concerning the creation and enhancement of family households in particular by payment to interest on the Bank loans or partial repayment of capital credit granted for the purchase of real estate, which will create such holding or come into its composition, the loan amount may not exceed 90% of the value of the purchased real estate, and the repayment period shall not exceed 20 years.

4. For interest on bank loans and a partial repayment of the Bank loan capital referred to in paragraph 1. 2, points 1 and 2, shall be implemented by the Agency through banks on the basis of agreements concluded with them.

5. the Agency shall conduct training on the implementation of the related its tasks, as well as inform about their activities and promotes them.

6. the Council of Ministers shall determine, by regulation, the specific scope and the ways to carry out the tasks listed in paragraph 1. 1, including the conditions and mode of support within the framework of these tasks, with a view to the State policy priorities for agriculture, rural development and agricultural markets and the effective use of financial resources.

7. The regulation referred to in paragraph 1. 6, the Council of Ministers makes the support on the project referred to in paragraph 1. 1 point 2 from the amount and extent of damage estimated by the Commission appointed by the voivode competent for the place of their occurrence, included in the minutes drawn up by the Commission, specifying the requirements, which should correspond to the composition of the Commission, and the scope of the assessment protocol.

Article. 5. [the financial assistance for the preparation of the application for registration of the names and geographical indications] 1. Task of the Agency is also providing financial assistance for the preparation of the application for the registration of designations of origin, geographical indications or traditional specialities guaranteed primary agricultural products, hereinafter referred to as "financial assistance for the preparation of the application for registration of the names and geographical indications".

2. financial assistance for the preparation of the application for registration of the names and geographical indications may apply for the applicant within the meaning of article 3. 2 paragraph 1 of the Act of 17 December 2004 on registration and protection of the names and designations for agricultural products and foodstuffs and for traditional products (Journal of laws of 2005, No. 10, item 68, and from 2008, # 171, poz. 1056 and # 216, poz. 1368), small or medium-sized enterprises within the meaning of article 3. 2 (a). (b) of Commission Regulation (EC) No 70/2001 of 12 January 2001 on the application of art. 87 and 88 of the EC Treaty to state aid to small and medium-sized enterprises (OJ. EC-L 10 of 13.01.2001, p. 33, as amended. d.; Oj. EU Polish Special Edition, chapter. 8, t. 2, p. 141, as amended. d.).

3. Within the framework of financial assistance for the preparation of the application for registration of the names and geographical indications can be funded expenses incurred to obtain the information necessary for the preparation of an application for the registration of designations of origin, geographical indications or traditional specialities guaranteed primary agricultural products.

4. Financial assistance for the preparation of the application for registration of the names and geographical indications shall be granted by way of an administrative decision, the President of the Agency.

5. the competent Minister of the agricultural markets shall determine, by regulation, the specific scope, conditions and financial assistance for the preparation of the application for registration of the names and geographical indications, with a view to the correct use of the financial resources intended for this purpose.

Article. 6. [other tasks] the Agency also performs tasks: 1) set out in separate provisions, in particular as regards payments under the direct support schemes, the regulation of agricultural markets, rural development, and to maintain a register of livestock marked and herds of these animals, as well as carrying out other activities related to the marking of cattle, sheep, goats and pigs;

2) assigned to it in accordance with special provisions, in particular on the basis of agreements or arrangements with the managing authority within the meaning of article 3. 2 section 5 of the Act of 20 April 2004 on the national development plan (Dz. u. Nr 116, poz. 1206, as amended), including the implementation of the sectoral operational programme, especially in terms of making payment to the beneficiary and the investigation of claims paid.

Article. 7. [the legal basis of the action] 1. The Agency operates on the basis of the law and the articles of Association.

2. the competent Minister of rural development, by means of a regulation, the Agency's Statute, which determines its organization, including the establishment of its regional branches and offices of district, having regard to the range of tasks performed by the Agency and the need for their proper execution.

Article. 8. [the President] 1. [1] the governing body of the Agency is appointed by the President, the Prime Minister at the request of the Minister responsible for rural development and the proper Minister of public financies. President of the Council of Ministers of the references of the President of the Agency.

2. the President of the Agency directs the Agency's activities and represents it outside. President of the Agency performs the tasks with the help of the Vice-Presidents of the Agency, the directors of regional branches and managers of district offices.

3. [2] the competent Minister of rural development shall appoint Vice-Presidents of the Agency at the request of the President of the Agency. The competent Minister of rural development references Vice-Presidents of the Agency.

4. The Office of the President of the Agency and the Deputy President of the Agency may deal with a person who: [3] 1) has a master's degree in or equivalent;

2) is a citizen of Polish;

3) enjoys the full rights;

4) not been convicted by a final judgment for an intentional crime or tax intentional crime;

5) has the powers of leadership;

6) has at least 6-year length of service, including at least 3 years work experience in a managerial position;

7) has the education and knowledge of matters belonging to the property of the Agency.

5. [4] (repealed) 6. [5] (repealed) 7. [6] (repealed) 8. [7] (repealed) 9. [8] (repealed) 10. [9] (repealed) 11. [10] (repealed) 12. [11] (repealed) 13. [12] (repealed) 14. [13] (repealed) 15. [14] (repealed) 16. President of the Agency is composed of the President of the Council of Ministers, the Minister competent for rural development, the Minister competent for public finances annual report on the activities of the Agency, by 15 May of each year.

Article. 9. [head office, branches and offices] 1. In the framework of the Agency extracts: 1) the Head Office of the Agency;

2) regional offices operating in each administrative;

3) district offices operating in each County, except that in the cities counties does not create a separate district offices.


2. A branch of the Regional Director and the Office of the District Manager.

3. [15] Managers organizational cells at the Head Office of the Agency and their deputies, and directors of regional branches and their deputies shall appoint and dismiss the President of the Agency, and the managers of district offices and their deputies – Director of the regional office.

4. [16] Manager organizational cells at the Head Office of the Agency and his Deputy, the Director of the regional office and his Deputy and District Office Manager and his Deputy can deal with a person who: 1) has a higher education;

2) is a citizen of Polish;

3) enjoys the full rights;

4) not been convicted by a final judgment for an intentional crime or intentional crime tax.



Article. 9A. [a reference to the provisions of the labour code] [17] Calling for referred to in article 1. 8 paragraph 1. 4 and art. 9. 4, is tantamount to the establishment of the employment relationship on the basis of the appointment within the meaning of the provisions of the Act of 26 June 1974-labour code (Journal of laws of 2014.1502, as amended).

Article. 10. [the Agency in administrative proceedings] 1. President of the Agency, the directors of regional branches and managers of district offices issue administrative decisions to the extent specified in separate regulations.

2. a higher degree of authority in administrative proceedings within the meaning of the administrative code in relation to the directors of regional branches is the President of the Agency, and in relation to the managers of the offices of District – Director of the regional office.

3. the District Office Manager is also jurisdiction in matters relating to immovable property situated in the cities, counties and in other cases where the party is an entity residing (Head Office), place of residence or last place of residence in counties, if jurisdiction in these matters shall be determined respectively according to the place of residence (registered office), the place of residence or the last place of residence of that party.

4. the competent Minister in charge of rural development shall determine, by regulation, jurisdiction of district offices managers in matters referred to in paragraph 1. 3, having regard to the need to cover this property areas of all cities in the counties, as well as to ensure the proper functioning of the county offices.

Article. 11. [the Agency as an employer] Agency is the employer of the workers employed at the Head Office of the Agency, regional branches and offices of district.

Article. 12. [the recruitment of candidates for employment at the workplace] 1. [18] the recruitment of candidates for employment vacancies in the Agency, with the exception of work stations, referred to in article 1. 8 paragraph 1. 4 and art. 9. 4, hereinafter referred to as "recruitment", is open and competitive.

2. the vacancy notice shall be included in the Bulletin of public information referred to in the Act of 6 September 2001 on access to public information, and is placed in the organizational unit of the Agency, which is recruitment, in place of the commonly available.

3. the vacancy notice contains an indication: 1) requirements, which should be candidates for employment in the free position in the Agency;

2) documents, which should make the candidates referred to in paragraph 1;

3) deadline for submission of the required documents.

Article. 13. [information about the candidates] information about candidates who made themselves known to the recruitment, are public information in the requirements set out in the notice of vacancy, as referred to in article. 12 paragraph 1. 3 paragraph 1.

Article. 14. [Date of submission] the time limit for submission of documents referred to in the notice of vacancy, shall be not less than 14 days from the date of posting the notice in the Bulletin of public information.

Article. 15. [the publication of a list of candidates] 1. After the expiry of the deadline for submission of the documents specified in the notice of vacancy, the list of candidates who meet the requirements set out in the notice, forthwith shall be provided in the Bulletin of public information and is placed in the organizational unit of the Agency, which is recruitment, in place of the commonly available.

2. the list referred to in paragraph 1. 1, contains the names of candidates and their places of residence.

Article. 16. [the selection Protocol] conducted recruitment shall be drawn up, which includes in particular: 1) an indication of the work that was carried out the recruitment, the number of candidates and the names, surnames and addresses of not more than 5 best candidates;

2) information of the methods and techniques of recruitment;

3) justification for selection.

Article. 17. [dissemination of information about the outcome of the recruitment] 1. About the result of recruitment shall be provided in the Bulletin of public information and is placed in the organizational unit of the Agency, which was run recruitment, in place of the commonly available, within 14 days from the date of employment of the selected candidate or the completion of the recruitment, if as a result, there has been no employment of any of the candidates.

2. The information referred to in paragraph 1. 1, includes: 1) name and address of the Agency, which was run recruitment;

2) an indication of the work that was conducted recruitment;

3) name and surname of the candidate and his place of residence;

4) justification for selection of the candidate or the justification of unemployment of any of the candidates.

Article. 18. [the employment of another person] if the employment relationship of the person who by means of recruitment is terminated before the expiry of 3 months from the date of its references, you can employ the same as a person who has been placed on another site in the Protocol drawn up with selection carried out. The provisions of article 4. 17 shall apply mutatis mutandis.

Article. 19. [public procurement] 1. The Manager of the regional office can, in the name and on behalf of the Agency, the award of public contracts involving services, supplies or works, related only to the activities of the regional office and regional offices located in the area of the branch.

2. In the case referred to in paragraph 1. 1, to the Director of the regional office shall apply mutatis mutandis the provisions of public procurement law for the head of the contracting authority.

Article. 20. [property] 1. The Agency may be upgraded in the real estate of the State Treasury, necessary for the performance of its tasks, under the terms of the provisions of the real estate economy in relation to the transfer of real property for the purposes of the special.

2. the Agency may acquire real estate real estate resources, referred to in the provisions of the real estate economy, on the principles set out in those provisions in respect of the disposal of the property for public purposes.

Article. 21. [finance] 1. The Agency shall conduct an independent economy. 2. the Revenue of the Agency are: 1) the appropriations referred to in the budget law in the form of grants and grant special purpose vehicles;

2) interest from the free resources provided in the deposit in accordance with the provisions of the public finance;

3) other income.

3. the President of the Agency in consultation with the competent Minister for rural development shall determine the design of the annual financial plan of the Agency and submit it to the Minister competent for the public finances as specified in the provisions on work on the project budget.

4. The annual financial plan, the Agency may be created consisting of the reserve funds to cover: 1) overpayments or 2) shortage of financial resources resulting from the inability to recover them – resulting from the implementation of direct payment, payment, payments for tomatoes or programmes involving European Union funds.

5. the costs of the activities of the Agency, including the remuneration of its employees, are charged to the Revenue Agency.

6. Rules for the remuneration of the employees of the Agency are set out in the terms and conditions of remuneration, determined by the President of the Agency with the consent of the proper Minister of public financies and the Minister responsible for rural development. The salary of the President of the Agency as determined by the President of the Council of Ministers.

7. the Agency shall keep accounts in accordance with special provisions, if the provisions of the Act does not provide otherwise.

8. the Agency shall set up a fund statutory and other funds can create in accordance with special regulations.

9. The proper Minister of public financies in consultation with the competent Minister for rural development, by regulation, specify the detailed rules for the financial management of the Agency, having regard to the provisions of the public finance laws in this respect and the effectiveness of the spending of public funds.

Article. 22. [long-term borrowing and bond issue] to enter into the Agency's long-term loans or the issuance of bonds is required the consent of the proper Minister of public financies.

Article. 23. [Guarantee] 1. In the case of the existence of the specified in the legislation of the European Union the obligation to establish security for the amounts resulting from the implementation of the mechanisms of the common agricultural policy or the common fisheries policy in the form of a guarantee, the guarantor may be only financial institution authorized to guarantee of the customs debt.

2. Cooperation between financial institutions, referred to in paragraph 1. 1, and the Agency and the model forms the guarantee in order to safeguard the proper implementation of the tasks referred to in paragraph 1. 1 shall apply mutatis mutandis the rules pursuant to article 114. 19 paragraph. 2 of the Act of 11 March 2004 on the agricultural market Agency and organization of certain agricultural markets (OJ of 2012.633 and 1512 and with 2014.1146).

Article. 24. [Claims] President of the Agency may redeem, in whole or in part, to break down the HP or defer the deadline for payment of claims per Agency her in connection with the performance of its tasks financed exclusively from national public funds, hereinafter referred to as the "Agency debt".


Article. 25. [conditions for debt relief] 1. The claim may be cancelled if at least one of the following conditions: 1) not recovered her as a result of the winding-up or bankruptcy;

2) there is a reasonable assumption that enforcement does not get to the amount in excess of the costs of the investigation and the Agency's enforcement or enforcement proceedings has proved unsuccessful;

3) cannot be determined, the place of residence or stay of a debtor who is a natural person or the debtor died, not leaving any property or left movable property subject to execution on the basis of separate provisions or left behind everyday objects, whose total value does not exceed the amount which is three times the average monthly salary in the year preceding the remission, issued by the President of the Central Statistical Office in the official journal of the Republic of Poland "Polish Monitor" for the purpose of calculating the allowance for social benefit fund's share;

4) its enforcement threatens the existence of the debtor where the debtor: a) has suffered damage caused by drought, hail, microburst, negative effects of przezimowania, spring frost, flood, hurricane, lightning, landslide or avalanche, within the meaning of the provisions on insurance of agricultural crops and livestock, with the exception of damages in buildings, b) became unable to work on the farm;

5) a debtor who is a legal person has been removed from the national court register and at the same time, there is no property with which to enforce the debt Agency, and liability for claims of the Agency does not pass by operation of law to any third party.

2. Waivers of the Agency, for which debtors are responsible, jointly and severally, may take place if the circumstances justifying remission occur for all debtors.

3. for the remission of debts the Agency, the amount of which exceeds 15 000 zł, is required the consent of the proper Minister of public financies.

4. waiver of claims the Agency is at the request of the debtor, except that, in the cases referred to in paragraph 1. 1 paragraphs 3 and 5, the President of the Agency may terminate a claim the agency without the application of the debtor.

5. In the case referred to in paragraph 1. 3, the redemption of the debt claims of the Agency, containing the name, surname and place of residence, or the name and registered office of the debtor, the purpose of the aid, a condition of redemption claims the Agency, and the amount of the remission of the debt, is public information, within the meaning of the provisions on access to public information and is immediately posted in the Bulletin of public information.

Article. 26. [contents of application for waivers] 1. Application for waivers of the Agency shall in particular: 1) the name, surname, place of residence and address, or the name, seat and address of the applicant;

2) the amount of the debt, with a separate indication of interest;

3) give reasons for requesting debt in whole or in part;

4) about the current financial situation of the debtor;

5) whether the applicant has already umarzano or rozkładano on the installment debt Agency, or odraczano the maturity of the debt to the Agency.

2. the request for waivers of the Agency in part also contains: 1) the proposed dates and the amount of the debt;

2) an indication of the sources cover the repayment of the debt within the time limits referred to in paragraph 1.

3. the application for waivers of the Agency, the applicant attaches documents proving or justifying circumstances referred to in article 1. 25 paragraph 2. 1 paragraphs 1, 2 and 4.

4. In the case referred to in article 1. 25 paragraph 2. 1 point 4 (b). and, the debtor shall submit an application for waivers of the Agency through the voivode competent for the place of the damage, which confirms the amount and scope of the damages incurred by the debtor, as estimated by the Commission, referred to in article 1. 4 paragraph 1. 7. The Governor shall forward to the President of the Agency application by the debtor together with the Protocol setting out the height and range of estimated damage, drawn up by the Commission.

5. In the case referred to in article 1. 25 paragraph 2. 1 point 4 (b). (b) the debtor to request waivers the Agency attaches, confirming incapacity for work on the farm: 1) final decision a doctor expert Cash Agricultural social insurance or medical Commission this Money for permanent or periodic total incapacity for work on the farm, issued pursuant to the provisions of the Act of 20 December 1990 on social insurance of farmers (Journal of laws of 2013 item 1403 , as amended. ), or 2) the judgment of the examiner, from which the opposition was not requested or for which it has been reported the allegation to be defective, or the judgment of the Medical Commission of total incapacity for work, issued pursuant to the provisions of the Act of 17 December 1998 on pensions and pensions from the social insurance fund (OJ of 2013.1440, as amended).

6. If the request for waivers of the Agency do not include all the required documents, the President of the agency asks the applicant to supplement them within 14 days.

7. If the applicant has not submitted within the period referred to in paragraph 1. 6, missing documents, the request for waivers of the Agency shall not be subject to the examination and is returned to the applicant.

Article. 27. [the distribution of HP and postpone repayment claims] 1. The claim of the Agency can be decomposed into instalments or the maturity of receivables may be postponed if this is justified on grounds of social or economic.

2. Distribution of HP claims the agency or deferment of repayment claims the Agency is at the request of the debtor.

3. the application referred to in paragraph 1. 2, should include, in particular: 1) the name, surname, place of residence and address, or the name, seat and address of the applicant;

2) the amount of the debt, with a separate indication of interest;

3) give reasons for requesting the distribution of HP claims the agency or deferment of the repayment claims of the Agency;

4) about the current financial situation of the debtor;

5) whether the applicant has already umarzano or rozkładano on the installment debt Agency, or odraczano the maturity of the claims of the Agency;

6) the proposed time limits and the amount of the debt;

7) an indication of the sources cover the repayment of the debt within the time limits referred to in paragraph 6.

4. the application referred to in paragraph 1. 2, the applicant attaches documents proving or justifying circumstances referred to in paragraph 1. 1.5. The application referred to in paragraph 1. 2, shall apply mutatis mutandis the provisions of article 4. 26 paragraph. 6 and 7.

Article. 28. [agreement on claims] 1. Waivers of the agency or the distribution of HP or deferment of the repayment claims of the Agency on the basis of the agreement.

2. The agreement referred to in paragraph 1. 1, shall in particular: 1) the parties to the agreement;

2) subject-matter of the contract;

3) the term of the agreement;

4) the amount of the claim;

5) the terms of repayment the rest of the claims of the Agency, in the case of redemption of the claim in part;

6) terms and conditions of repayment of debts the Agency-in the case of rescheduling the debt or postpone its repayment.

3. In the case referred to in article 1. 25 paragraph 2. 1 paragraphs 3 and 5, waivers of the Agency is based on the statements of the President of the Agency. To the statement of the President of the Agency shall apply mutatis mutandis provision in paragraph 1. 2.4. In the case of matters not regulated by this Act, the provisions of civil law.

Article. 29. [Fixing of amounts unduly or excessively taken public funds] 1. Determine the amount of unduly or excessively taken public funds: 1) originating from European Union funds, 2) national, for: a) co-financing of expenditure from the funds of the European Union, b) funding by the Agency aid granted by way of an administrative decision – is by way of an administrative decision.

1a. Paragraph 1 shall not preclude. 1 shall also apply to non-parties to the proceedings on the granting of payments or financial assistance that unduly or excessively to obtain public funds referred to in paragraph 1. 1.2. Right on the fixing of amounts unduly or excessively taken public funds in the decision referred to in paragraph 1. 1, is the competent authority to decide on the allocation of payments or financial assistance from public funds, as referred to in paragraph 1. 1.3. Fix amounts unduly or excessively taken public funds the authority referred to in paragraph 1. 2, may settle also in the decision on the allocation of payments or financial assistance from public funds, as referred to in paragraph 1. 1.4. If the amount of unduly or excessively taken public funds, which have been determined in the decision referred to in paragraph 1. 3, is not higher than the amount equivalent to 100 euro converted to gold according to euro exchange rate established for the Fund of the European Union in accordance with special provisions, the amount allocated to payments or financial assistance from public funds, as referred to in paragraph 1. 1, shall be paid in the amount minus a fixed amount unduly or excessively charged. the provisions of paragraph 1. 10 shall not apply.


5. The provisions of paragraphs 2 and 3. 1 to 3 shall not apply in the cases referred to in article 1. 49 paragraphs 1 and 2. 1 of the law of 5 February 2015, the payments under the direct support schemes (OJ. 308) and art. 28A Act of 7 March 2007 on the promotion of rural development with the participation of the European agricultural fund for rural development in the framework of the rural development programme for the period 2007-2013 (OJ of 2013.173 and 2015.349) and art. 44 paragraph 1. 3 of the Act of 20 February 2015 to promote rural development with the participation of the European agricultural fund for rural development in the framework of the rural development programme for the period 2014-2020 (OJ No. 349).

6. In the case referred to in paragraph 1. 4, the appeal against the decision shall not prevent its implementation.

7. for the royalties referred to in paragraph 1. 1, shall apply mutatis mutandis the provisions of chapter III of the Act of 29 August 1997 – tax (Dz.u. of 2012.749, as amended), with the exception of the provisions concerning debt relief debts, postponing payment break down payments and rounding up charges, except that the term referred to in article 2. 47 section 1 of the Act of 29 August 1997 – tax, is 60 days.

8. the power of the tax authority set out in the Act referred to in paragraph 1. 7, shall have authority, referred to in paragraph 1. 2.9. Settlement of the case referred to in paragraph 1. 1, should take place within 3 months.

10. recovery referred to in paragraph 1. 1, the provisions of the enforcement proceedings in administration.

Article. 30. [the application of the provisions of the code of civil procedure and rules of enforcement proceedings in administration] 1. In matters concerning the determination of the unduly or excessively taken public funds that have been transferred by the Agency on the basis of the agreement in relation to the implementation of the common agricultural policy, the common fisheries policy or the sector operational programme: 1) originating from European Union funds, 2) national, intended for the co-financing of the expenditure from the funds of the European Union – the provisions of the code of civil procedure.

2. for enforcement referred to in paragraph 1. 1, the provisions of the enforcement proceedings in administration.

Article. 31. [claims unduly or excessively taken public funds] 1. Dues shall be established by means of an administrative decision by the authority referred to in article 1. 29. 2, unduly or excessively taken public funds from the European agricultural guarantee fund (EAGF) or the European agricultural fund for rural development (EAFRD) and national public funds intended for the co-financing of the expenditure of these funds, as well as claims arising from contracts in respect of the payments referred to in separate regulations made by the Agency from public funds from the EAGF or the EAFRD and national public funds intended for the co-financing of the expenditure of these funds , with the exception of royalties referred to in art. 29. 4, subject to deduction of the undisputed and due claims or claims of the debtor in respect of projects by the Agency payments under these funds and national public funds intended for the co-financing of the expenditure of these funds.

2. the Claims shall be determined by means of an administrative decision by the authority referred to in article 1. 29. 2, unduly or excessively taken public funds from the funds of the European Union other than those referred to in paragraph 1. 1 and national public funds intended for the co-financing of the expenditure of these funds, as well as claims arising from contracts in respect of the payments referred to in separate regulations made by the Agency from public funds from the funds of the European Union other than those referred to in paragraph 1. 1 and national public funds intended for the co-financing of the expenditure of these funds, with the exception of royalties referred to in art. 29. 4, subject to deduction of the undisputed and due claims or claims of the debtor in respect of projects by the Agency payments under the various funds of the European Union other than those referred to in paragraph 1. 1 and national public funds intended for the co-financing of the expenditure of these funds.

3. Set-off shall be made by a statement of the Agency made to the debtor in writing, if the debtor, under the conditions laid down in the decision or agreement referred to in paragraph 1. 1 and 2, did not return to the bank account of the Agency unduly or excessively taken measures. The Declaration has retroactive effect from the date on which the deduction became possible.

4. The amounts deductible under the provisions of Commission Regulation (EC) no 1122/2009 of 30 November 2009 laying down detailed rules for the implementation of Council Regulation (EC) No 73/2009 as regards the principle of cross-compliance, modulation and the integrated administration and control system within the framework of the direct support schemes provided for in that regulation and the implementation of Council Regulation (EC) No 1234/2007 with regard to the principle of cross-compliance under the support system laid down for the wine sector (OJ. EU L 316 of 02.12.2009, p. 65) and the provisions of Commission Regulation (EU) No 65/2011 from 27 January 2011, laying down detailed rules for the implementation of Council Regulation (EC) No 1698/2005 as regards the implementation of control procedures and cross-compliance in respect of rural development support measures (OJ. EU L 25, 28.01.2011, p. 8), the provisions of paragraph 1. 1 to 3 shall apply mutatis mutandis.

5. Costs arising as a result of the investigation of claims and debts, including the costs of the administrative proceedings, the costs of legal proceedings and enforcement costs, are subject to the deduction of the undisputed and due claims or claims of the debtor financed by part of the national title by the Agency for payments under the various funds of the European Union and national funds for co-financing of expenditure under these funds. To deduct the costs incurred as a result of the investigation of claims and claims shall apply mutatis mutandis provision in paragraph 1. 3. Article. 32. [exemption from execution] Duties shall be determined by means of an administrative decision or claims arising from contracts of the titles of the payments referred to in separate regulations, carried out by the Agency, with public funds from the funds of the European Union and national public funds intended for their co-financing, are not subject to seizure under the provisions of the code of civil procedure and the rules of enforcement proceedings in administration.

Article. 33. [the sale of outstanding claims] 1. The Agency may sell due claims of the Agency in case of permanent loss of the debtors of the Agency's ability to repay.

2. claims of the Agency are sold: 1) by invitation to tender;

2) on the basis of the deals announced publicly;

3) as a result of the negotiations undertaken on the basis of a public invitation.

3. Upon the sale of the debt the Agency shall apply the provisions of the civil code to change the creditor with the following exceptions: 1) is not required the consent of the debtor;

2) sale cannot be made to the debtor, his descendants and ascendants, the entity in relation to the debtor the parent or subsidiary within the meaning of the Act of 29 July 2005 on public offer and the conditions of introduction of financial instruments to organised trading system and on public companies (OJ of 2013.1382).

4. Upon the sale of the claims of the Agency shall not apply the provisions of the Act of 29 August 1997 – banking law (Journal of laws of 2012.1376, as amended) on compliance with banking secrecy in respect of claims offered for sale.

5. the Council of Ministers shall determine, by regulation, a detailed debt sale mode of the Agency, with a view to the proper management of financial resources.



Article. 34. (omitted).



Article. 35. (omitted).



Article. 36. (omitted).



Article. 37. (omitted).



Article. 38. (omitted).

Article. 39. [litigation] 1. The agency manages the taken over from the restructuring fund and debt adjustment of agriculture in terms of commitments and financial claims of this Fund.

2. the Agency shall maintain a case in terms of obligations and claims for the return of budget aid granted by the Minister responsible for rural development for the restructuring and modernisation of agriculture and its surroundings before you create the Debt Fund.

Article. 40. [disposal of shares in public limited companies and shares in limited liability companies] 1. Shares in public limited companies and shares in limited liability companies, covered by the Agency on the basis of the provisions in the framework approved by the Minister responsible for rural development of the construction of agricultural wholesale markets and agricultural markets, the Agency disposes of the first agricultural producers, producer groups and associations of agricultural producers. Provision of art. 239 of the Act of 30 June 2005 on public finances (Journal of laws No. 249, item 2104., as amended.) [19] shall not apply.


2. the Council of Ministers shall determine, by regulation, the detailed way of disposal of shares in public limited companies or stakes in companies with limited agricultural wholesale markets or agricultural exchanges, with a view to achieving the objectives of the construction of agricultural wholesale markets and agricultural exchanges, and to ensure that the impact of agricultural producers, producer groups and associations of agricultural producers on the functioning of these markets and exchanges.

Article. 41. [transitional provision] the cases concerning the provision of assistance, initiated on the basis of existing laws and the uncommitted before the date of entry into force of the Act, shall be dealt with in accordance with the provisions of the Act.

Article. 42. [the provisions of existing] To legal relationships arising and established on the basis of contracts concluded before the date of entry into force of the Act, including in the framework of the special accession programme for agriculture and rural development, the existing rules apply, with the exception of cases relating to debt relief, in whole or in part, disassemble HP or postpone the deadline for payment of claims per Agency her in connection with the performance of its tasks financed exclusively from national funds.

Article. 43. [the application of the provisions of the code of civil procedure] 1. In matters concerning the determination of the unduly or excessively taken public funds that have been transferred by the Agency on the basis of a contract in connection with the implementation of the special accession programme for agriculture and rural development: 1) originating from European Union funds, 2) national, intended for the co-financing of the expenditure from the funds of the European Union – the provisions of the code of civil procedure.

2. Enforcement of claims originating in the special accession programme for agriculture and rural development, the provisions of the code of civil procedure.

Article. 44. [labor relations] Labor Relations Agency Vice-Presidents, Deputy Directors of regional branches and alternates managers of district offices, established under the existing legislation, become work relations on the basis of appointment on the date of entry into force of the Act.

Article. 45. [the provisions of existing] implementing rules pursuant to article 114. 3 paragraphs 1 and 2. 5, art. 3A, paragraph 2. Article 5, point 2, article. 4 paragraph 1. 2, art. 7 paragraph 1. 7 and art. 10B paragraph. 6 of the Act referred to in article 1. 47 remain in force until the entry into force of the regulations issued on the basis of art. 3 paragraphs 1 and 2. 2, art. 4 paragraph 1. 6, art. 7 paragraph 1. 2, art. 21(1). 9 and art. 33 para. 5 of the Act, no more than 12 months from the date of its entry into force.

Article. 46. [a reference to the provisions of the Act-disambiguation] Whenever legislation is invoked the Act, referred to in article 1. 47, understood this law.

Article. 47. [the provisions repealed] is repealed the Act of 29 December 1993 on the establishment of an agency for restructuring and modernisation of agriculture (Journal of laws of 2005, no. 31, item 264, as amended).

Article. 48. [entry into force] this Act comes into force after 14 days from the date of the notice.

[1] Article. 8 paragraph 1. 1 in the version established by art. 8 (1) (a). a) Act of 22 December 2015, amending the law on social insurance for farmers and certain other laws (Journal of laws of 2016.50). The change came into force on 11 January 2016.

[2] Article. 8 paragraph 1. 3 in the version established by art. 8 (1) (a). (b)) Act of 22 December 2015, amending the law on social insurance for farmers and certain other laws (Journal of laws of 2016.50). The change came into force on 11 January 2016.

[3] Article. 8 paragraph 1. 4 in the version established by art. 8 (1) (a). (c)) of the Act of 22 December 2015, amending the law on social insurance for farmers and certain other laws (Journal of laws of 2016.50). The change came into force on 11 January 2016.

[4] Article. 8 paragraph 1. 5 repealed by article. 8 (1) (a). (d)) of the Act of 22 December 2015, amending the law on social insurance for farmers and certain other laws (Journal of laws of 2016.50). The change came into force on 11 January 2016.

[5] Article. 8 paragraph 1. 6 repealed by article. 8 (1) (a). (d)) of the Act of 22 December 2015, amending the law on social insurance for farmers and certain other laws (Journal of laws of 2016.50). The change came into force on 11 January 2016.

[6] Article. 8 paragraph 1. 7 repealed by article. 8 (1) (a). (d)) of the Act of 22 December 2015, amending the law on social insurance for farmers and certain other laws (Journal of laws of 2016.50). The change came into force on 11 January 2016.

[7] Article. 8 paragraph 1. 8 repealed by article. 8 (1) (a). (d)) of the Act of 22 December 2015, amending the law on social insurance for farmers and certain other laws (Journal of laws of 2016.50). The change came into force on 11 January 2016.

[8] Article. 8 paragraph 1. 9 repealed by article. 8 (1) (a). (d)) of the Act of 22 December 2015, amending the law on social insurance for farmers and certain other laws (Journal of laws of 2016.50). The change came into force on 11 January 2016.

[9] Article. 8 paragraph 1. 10 repealed by article. 8 (1) (a). (d)) of the Act of 22 December 2015, amending the law on social insurance for farmers and certain other laws (Journal of laws of 2016.50). The change came into force on 11 January 2016.

[10] Article. 8 paragraph 1. 11 repealed by article. 8 (1) (a). (d)) of the Act of 22 December 2015, amending the law on social insurance for farmers and certain other laws (Journal of laws of 2016.50). The change came into force on 11 January 2016.

[11] Article. 8 paragraph 1. 12 repealed by article. 8 (1) (a). (d)) of the Act of 22 December 2015, amending the law on social insurance for farmers and certain other laws (Journal of laws of 2016.50). The change came into force on 11 January 2016.

[12] Article. 8 paragraph 1. 13 repealed by article. 8 (1) (a). (d)) of the Act of 22 December 2015, amending the law on social insurance for farmers and certain other laws (Journal of laws of 2016.50). The change came into force on 11 January 2016.

[13] Article. 8 paragraph 1. 14 repealed by article. 8 (1) (a). (d)) of the Act of 22 December 2015, amending the law on social insurance for farmers and certain other laws (Journal of laws of 2016.50). The change came into force on 11 January 2016.

[14] Article. 8 paragraph 1. 15 repealed by article. 8 (1) (a). (d)) of the Act of 22 December 2015, amending the law on social insurance for farmers and certain other laws (Journal of laws of 2016.50). The change came into force on 11 January 2016.

[15] Article. 9. 3 in the version established by art. 8, paragraph 2 (a). a) Act of 22 December 2015, amending the law on social insurance for farmers and certain other laws (Journal of laws of 2016.50). The change came into force on 11 January 2016.

[16] Article. 9. 4 added by art. 8, paragraph 2 (a). (b)) Act of 22 December 2015, amending the law on social insurance for farmers and certain other laws (Journal of laws of 2016.50). The change came into force on 11 January 2016.

[17] Article. 9A added by art. 8, paragraph 3 of the Act of 22 December 2015, amending the law on social insurance for farmers and certain other laws (Journal of laws of 2016.50). The change came into force on 11 January 2016.

[18] Article. 12 paragraph 1. 1 in the version established by art. 8 paragraph 4 of the Act of 22 December 2015, amending the law on social insurance for farmers and certain other laws (Journal of laws of 2016.50). The change came into force on 11 January 2016.

[19] has lost the power of 1 January 2010, in accordance with article 4. 85 of the law of 27 August 2009 – introductory provisions the law on public finance (OJ No 157, item. 1241; OST. d.: OJ from 2012. 1548), which entered into force on 1 January 2010.