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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

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ACT

of 9 May 2008

o Agency for Restructuring And Modernisation of Agriculture

Article 1. [ Regulatory scope] The Act shall specify:

1. the tasks and organisation of the Agency for Restructuring and Modernisation of Agriculture, hereinafter referred to as the 'Agency';

(2) the rules on the redemption, in whole or in part, of the distribution to instalments, the postpayment of the period of repayment and the sale of the Agency's claims.

Article 2. [ Legal status] 1. The Agency is a state legal person.

2. The seat of the Agency is the capital city of Warsaw.

3. The Agency shall not be liable for the Treasury's obligations and the State Treasury shall not be liable for the obligations of the Agency.

Article 3. [ Supervision of the Agency] 1. The Agency shall be supervised by the Minister responsible for the development of the village, and in the financial economy, the Minister responsible for public finance.

2. The Council of Ministers shall determine by way of regulation, the detailed scope, manner and mode of supervision of the Agency in the field of financial economy, including the conduct of financial control in the management of funds from the Funds The European Union and the national public funds allocated to co-financing the expenditure of these Funds, as well as the national public funds allocated to the functioning of the Agency and the implementation of its tasks, with a view to achieving the objectives of the ensuring the correct and efficient use of resources.

Article 4. [ Agency tasks] 1. The Agency's task shall be to support:

1. investments in agriculture, fisheries, processing of agricultural products and processing of fish, crustaceans and molluscs;

2) projects related to the resumption of production in agricultural holdings and special departments of agricultural production, in which there have been damage caused by drought, hail, recursive rain, negative effects of wintering, spring frosts, floods, hurricane, lightning, landslide or avalanches, within the meaning of the provisions on agricultural and livestock insurance;

3) improvement of the agrarian structure, including in particular the creation and enlargement of family farms within the meaning of the provisions on the shaping of the agricultural system;

4) the formation and development of groups of agricultural producers and their associations;

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

6) education of the residents of the village entitled to receive loans and loans under the rules stipulated in the provisions on loan and student loans;

7. harvesting, transporting and disposing of fallen stock of bovine animals, sheep, goats, pigs or horses;

8) the implementation of other tasks resulting from the state policy on agriculture, rural development and processing of agricultural products or from the Common Agricultural Policy or within the scope of the department of government administration-fisheries.

2. The Agency shall carry out the tasks set out in paragraph. 1 in particular by:

1. payment of interest on bank loans;

2) partial repayment of bank loan capital;

3. the provision of guarantees and loan guarantees, as defined in the financial plan;

4) the provision of guarantees for the repayment of student loans made on the basis of the provisions on loan and student loans-in the case of the task referred to in paragraph. 1 point 6;

5) financing or participation in financing-in the case of the tasks referred to in paragraph. 1 points 4, 5, 7 and 8.

3. The Agency shall carry out the task referred to in paragraph 3. Article 1 (1), as regards the creation and expansion of family holdings, in particular by the payment of interest on bank loans or the partial repayment of the capital of credit granted for the purchase of agricultural property, which shall be such as to create such a the holding will either enter its composition, with the fact that the amount of credit may not exceed 90% of the value of the property purchased and the repayment period of the loan may not exceed 20 years.

4. The payment of interest on bank loans and partial repayment of the bank loan capital referred to in paragraph. Article 2 (1) and (2) shall be carried out by the Agency through the banks on the basis of the agreements concluded with them.

5. The Agency conducts training in relation to the implementation of its tasks, and informs about its activities and promotes them.

6. The Council of Ministers shall determine, by means of a regulation, the detailed scope and means of carrying out the tasks set out in paragraph. 1, including the conditions and modus of support for these tasks, with a view to the priorities of the state policy on agriculture, rural development and agricultural markets and the effective use of funds.

7. In the Regulation referred to in paragraph. 6, the Council of Ministers shall make the provision of support for projects referred to in paragraph 1. 1 point 2 from the amount and extent of the damage estimated by the committee set up by the competent authority because of the place of their occurrence, included in the protocol drawn up by that committee, specifying at the same time the requirements to be met by the committee responsible for the the composition of such a committee and the scope of the damage assessment protocol.

Article 5. [ Financial aid for the preparation of the application for registration of names and geographical indications] The task of the Agency shall also be to provide financial assistance for the preparation of an application for registration of designations of origin, geographical indications or guaranteed traditional specialities of primary agricultural products, hereinafter referred to as 'financial assistance', preparation of the application for registration of names and geographical indications ".

2. Financial assistance for the preparation of an application for registration of names and geographical indications may apply to the applicant within the meaning of art. 2 point 1 of the Act of 17 December 2004. on the registration and protection of designations and designations for agricultural products and foodstuffs and on traditional products (Dz. U. of 2005 items 68, of 2008 items 1056 and 1368 and from 2016. items 1001) being small or medium-sized enterprises within the meaning of the Article. 2 lithium b of Commission Regulation (EC) No 70/2001 of 12 January 2001 on the application of Article 87 and 88 of the EC Treaty with regard to State aid to small and medium-sized enterprises (Dz. Urz. EC L 10 of 13.01.2001, p. 33, of late. zm.; Dz. Urz. EU Polish Special Edition, rozdz. 8, t. 2, p. 141, z późn. zm.).

3. In the framework of financial assistance for the preparation of an application for registration of names and geographical indications, expenditure incurred in obtaining the information necessary for the preparation of the application for registration of designations of origin may be financed. the geographical or traditional specialities guaranteed for the primary agricultural products.

(4) The financial assistance for the preparation of an application for registration of names and geographical indications shall, by administrative decision, grant the President of the Agency.

(5) The Minister responsible for the agricultural markets will determine, by means of a regulation, the detailed scope, conditions and modus of financial assistance for the preparation of the application for registration of geographical indications and designations, with a view to the correct the use of financial resources earmarked for this purpose.

Article 6. [ Other Tasks] The Agency shall also carry out tasks:

1. as defined in the separate provisions, in particular those concerning payments under direct support schemes, the regulation of agricultural markets, rural development and the keeping of the register of livestock marked and the seat of the stocks concerned animals, as well as other activities relating to the marking of bovine, ovine, caprine and porcine animals;

2) entrusted to it in accordance with the separate provisions, in particular on the basis of agreements or agreements with the managing authority within the meaning of art. 2 point 5 of the Act of 20 April 2004. o National Development Plan (Dz. U. of 2014 items 1448 and 1856 and 2015 items 1240), including those related to the implementation of the sectoral operational programme, in particular as regards payments to the beneficiary and the recovery of claims on disbursed funds.

Article 7. [ Legal Basis of Action] 1. The Agency operates on the basis of the Act and the Statute.

2. The Minister for Rural Development, by means of a regulation, shall grant to the Agency the statutes in which it defines its organisation, including the seat of its regional branches and district offices, taking into account the scope of tasks carried out by the Agency and the need for their smooth execution.

Article 8. [ President] 1. The body of the Agency shall be the President appointed by the President of the Council of Ministers at the request of the Minister responsible for the development of the village and the Minister responsible for public finance. The President of the Council of Ministers shall dismiss the President

2. The President of the Agency shall direct the activities of the Agency and represent it externally. The President of the Agency shall perform the tasks with the assistance of the Deputy President of the Agency, the Directors of the Regional Branch and the Head of the District Offices.

3. The Minister responsible for the development of the village shall appoint the Deputy President of the Agency upon the request of the President of the Agency. The Minister responsible for the development of the village shall refer to the Deputy President of the Agency.

4. The position of the President of the Agency and the Deputy President of the Agency may occupies a person who:

1) holds a master's professional title or equivalent;

2) is a Polish citizen;

3) benefit from full public rights;

4) she was not convicted of a final sentence for a deliberate offense or a deliberate treasury offence;

5) has managerial competence;

6) have at least 6-year-old work placer, including at least 3-year-old seniority in the managerial position;

7) has an education and knowledge of the issues belonging to the Agency's properties.

5. (repealed)

6. (repealed)

7. (repealed)

8. (repealed)

9. (repealed)

10. (repealed)

11. (repealed)

12. (repealed)

13. (repealed)

14. (repealed)

15. (repealed)

16. The President of the Agency shall submit to the President of the Council of Ministers, the Minister for Rural Development, the Minister for Public Finance, an annual report on the Agency's activities by 15 May of each year.

Article 9. [ Headquarters, branches and offices] 1. Within the Agency, the following shall be extracted:

1. The Agency's Central Bank;

2) regional branches operating in each voivodship;

3) district offices operating in each district, with the fact that in cities on the rights of the district there are no separate district offices.

2. The Regional Branch shall be headed by the Director and the Head Office-the Head Office.

3. The heads of the organisational cells at the Central Agency and their alternates and directors of regional branches and their alternates shall appoint and dismiss the President of the Agency, and the managers of the district offices and their deputies-the director of the regional branch.

4. The position of the head of the organizational cell in the Central Agency and his deputy, the director of the regional branch and his deputy and the manager of the county office and his deputy may occupy a person who:

1) has a higher education;

2) is a Polish citizen;

3) benefit from full public rights;

4) she was not convicted of a final sentence for a deliberate offense or a deliberate treasury crime.

Art. 9a. [ Reference to the provisions of the Labour Code] Appointment of the posts referred to in Article 8 ust. 4 and art. 9 ust. 4, it is tantamount to establishing a working relationship on the basis of appointment within the meaning of the provisions of the Act of 26 June 1974. -Labour Code (Dz. U. of 2014 items 1502, with late. zm.).

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

2. In the administrative proceedings, the body of a higher degree within the meaning of the Code of administrative proceedings in relation to the directors of the regional branches is the President of the Agency, and in relation to the managers of district offices-the director of the branch office regional.

3. The manager of the county office is competent also in matters concerning real estate located in the cities on the rights of the district and in other matters in which the party is resident (established), the place of stay, or the last place of residence in the city on the rights of the district, if the local jurisdiction in these cases is determined according to the place of residence (the seat), the place of stay or the last place of residence of the subject.

4. The Minister for Rural Development shall determine, by way of regulation, the local property of the district office managers on the matters referred to in paragraph. 3, having regard to the need to cover this property of the areas of all cities on the rights of the district, as well as ensuring the smooth functioning of the district offices.

Article 11. [ Agency as employer] The Agency is the employer in relation to the employees working in the Central Agency, regional branches and district offices.

Article 12. [ Recruitment of candidates for employment at work stations] 1. The recruitment of candidates for employment on vacant posts in the Agency, excluding job positions referred to in art. 8 ust. 4 and art. 9 ust. 4, hereinafter referred to as "the cartridge", is open and competitive.

2. The notice of the establishment shall be published in the Public Information Bulletin, as referred to in the Act of 6 September 2001. access to public information, and shall be placed in the Agency's organisational unit where the recruitment is carried out, in a place that is widely available.

3. The notice of the nabor contains an indication:

(1) the requirements to be met by candidates for employment for the vacant post of work in the Agency;

2) the documents to be submitted by the candidates referred to in point 1;

3) the deadline for submitting the required documents.

Article 13. [ Information on candidates] Information on candidates who have made themselves known shall constitute a public information covering the requirements set out in the notice of recruitment referred to in Article 4. 12 (1) 3 point 1.

Article 14. [ Deadline for submission of documents] The time limit for the submission of documents, as specified in the notice of appointment, shall not be less than 14 days from the date on which the notice is published in the Public Information Bulletin.

Article 15. [ Publication of candidate lists] 1. After the expiry of the time limit for the submission of documents, specified in the notice of recruitment, the list of candidates who meet the requirements set out in this notice shall be entered immediately in the Public Information Bulletin and shall be placed in the unit the organisation of the Agency in which the recruitment is carried out, in a place that is widely available.

2. The list referred to in paragraph. 1, shall include the names of candidates and information on their place of residence.

Article 16. [ The recruitment protocol] A protocol shall be drawn up from the selection, which shall include in particular:

1) an indication of the position of the work on which the recruitment was conducted, the number of candidates and the names, names and addresses of no more than 5 of the best candidates;

2. information on the methods and techniques used for the recruitment;

3) justification of the choice made.

Article 17. [ Dissemination of information on the result of recruitment] 1. Information on the outcome of the recruitment shall be entered in the Public Information Bulletin and shall be entered in the organisational unit of the Agency in which the recruitment was conducted, in a place which is widely available, within 14 days from the date of employment of the selected candidate. or the termination of the recruitment if none of the candidates has been recruits in its result.

2. The information referred to in paragraph 1. 1, contains:

1. the name and address of the Agency's organisational unit in which the recruitment was carried out;

2) an indication of the position of the work on which the recruitment was carried out;

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

4) justification of the choice made by the candidate or justification for the non-employment of any of the candidates.

Article 18. [ Recruitment of another person] If the employment relationship of a person who has been recruited by recruitment has ceased within three months from the date of his establishment, he/she may be employed in the same post as the person who has been placed in the following place in the record drawn up from the recruitment process. The provisions of Article 4 17 shall apply mutatis mutandis.

Article 19. [ Award of public contracts] 1. The Director of a regional branch may, on behalf of and for the Agency, award public contracts for services, supplies or works, relating exclusively to the activities of the regional branch and the district offices located at the the activity area of this branch.

2. In the case referred to in paragraph. The provisions of public procurement law relating to the procuring manager shall be applied to the Director of the Regional Branch.

Article 20. [ Real Estate] 1. The Agency may be equipped with the property of the State Treasury, necessary for the performance of its tasks, under the rules laid down in the real estate regulations in the field of transfer of real estate to specific purposes.

2. The Agency may acquire real estate from the real estate assets referred to in the real estate business regulations, under the rules laid down in those regulations for the disposal of these properties for public purposes.

Article 21. [ Financial Economy] 1. The Agency conducts a self-contained financial economy.

2. The Agency's revenue shall be:

1) the budget appropriations defined annually in the Finance Act in the form of subjective grants and customs grants;

2) interest on free funds provided in the deposit in accordance with the provisions on public finance;

3) other revenue.

3. The President of the Agency, in agreement with the Minister responsible for the development of the village, shall determine the draft annual financial plan of the Agency and shall forward it to the Minister responsible for public finance in accordance with the procedures laid down in the regulations on the work of the Agency. the draft budget law.

4. In the Agency's annual financial plan, provision may be made for appropriations to cover:

1) overpayments, or

(2) a shortfall in the financial resources resulting from the impossibility of recovery

-payments made for the implementation of direct payments, sugar payments, payments to tomatoes or programmes carried out with the participation of the European Union funds.

5. The costs of the Agency's activities, including the remuneration of its employees, shall be covered by the Agency's revenues.

6. The rules of remuneration of employees of the Agency shall be specified in the statement of remuneration, as determined by the President of the Agency with the consent of the Minister responsible for public finance and the minister competent for rural development. The President of the Council shall determine the remuneration of the President of the Agency

7. The Agency shall conduct accounting in accordance with separate regulations, if the provisions of the Act do not provide otherwise.

(8) The Agency shall set up a statutory fund and other funds may be set up in accordance with separate provisions.

9. The Minister responsible for public finance in agreement with the Minister for Rural Development, by way of regulation, will determine the detailed rules of the financial economy of the Agency, with a view to the provisions on public finances the applicable public expenditure and the efficiency of public spending.

Article 22. [ Borrowing of long-term loans and bond issue] The approval of the Minister responsible for public finance shall be required for the Agency's borrowing of long-term loans or the issue of bonds.

Article 23. [ Warranty] 1. In the case of the existence of an obligation under the European Union to provide for a guarantee of the amounts resulting from the implementation of the mechanisms of the Common Agricultural Policy or of the Common Fisheries Policy in the form of a guarantee, the guarantor may be Only the financial institution authorised to guarantee the customs debt.

2. To cooperate among the financial institutions referred to in the paragraph. 1, and the Agency and the model guarantee forms, in order to secure the proper execution of the tasks referred to in paragraph 1. 1 shall apply mutatis mutandis provisions issued on the basis of art. 19 (1) 2 of the Act of 11 March 2004. o Agricultural Market Agency and organisation of certain agricultural markets (Dz. U. of 2016 r. items 401).

Article 24. [ Receivables] The President of the Agency may depart, in whole or in part, into instalments or to postpone the due date for the payment of the Agency's claims in connection with the performance of tasks financed exclusively by national public funds, hereinafter referred to as: "the claims of the Agency".

Article 25. [ Grounds for waivers of claims] 1. The claim of the Agency may be remitted if at least one of the following conditions occurs:

(1) it has not been recovered as a result of the winding-up or bankruptcy procedure carried out;

2) there is a reasonable presumption that, in the enforcement proceedings, an amount higher than the costs of the investigation and execution of the Agency's claim or the enforcement proceedings has proved ineffective;

(3) the place of residence or stay of the debtor who is a natural person or the debtor has not been established, without leaving any property or left the movable property not subject to enforcement on the basis of separate provisions or has left the objects daily household use, the total value of which does not exceed the amount of three times the average monthly remuneration in the year preceding the redemption, announced by the President of the Central Statistical Office in the Official Journal The Republic of Poland "Monitor Polski" for the purpose of calculating the write-off on the establishment of a social benefit fund;

4) its execution threatens the debtor's existence, in case the debtor:

(a) have suffered damage caused by drought, hail, recursive rain, negative effects of wintering, spring frosts, floods, hurricanes, lightning, landslide or avalanche, within the meaning of the provisions on insurance of agricultural and livestock crops, the exclusion of damage resulting from buildings,

(b) has become incapable of working on the holding;

5) the debtor who is a legal person has been deleted from the National Court Register and at the same time does not have the property from which the claim of the Agency could be enforced and the liability for the Agency's claims does not go through with the power of the person's right to the person Third.

2. The killing of a claim by the Agency, for which the debtors are jointly and severally liable, may take place if the circumstances justifying the write-off act on all debtors.

3. The waiver of the Agency's receivables, the amount of which exceeds 15 000 PLN, is the required consent of the Minister responsible for public finance.

4. The killing of the Agency's claims shall take place at the request of the debtor, including that in the cases referred to in the paragraph. The President of the Agency may waive the claim of the Agency without the debtor's request.

5. In the case referred to in paragraph. 3, information on the waiver of the Agency's claims, including the name, name and place of residence of the debtor, the purpose of the aid granted, the condition for the waiver of the Agency's claims and the amount of the waiver of the claim, is public information within the meaning of the provisions on access to public information and shall be entered immediately in the Public Information Bulletin.

Article 26. [ Content of application for waiver of claims] (1) The request for remission of the Agency's claims shall include in particular:

1. first name, surname, place of residence and address or name, seat and address of the applicant;

(2) the amount of the debt, with interest extraction;

3) stating the reasons for applying for the debt relief in whole or in part;

4) information on the debtor's current assets situation;

(5) whether the applicant has already been waives or has been decomposed by the Agency's claim, or the due date for repayment of the Agency's claims has been postpone.

(2) The request for remission of the Agency's claims in part shall also include:

1) the proposed terms and amounts of debt repayment;

2. an indication of the sources of the debt repayment coverage within the time limits referred to in point 1.

(3) The applicant shall attach supporting documents or justifying the circumstances referred to in Article 3 to the request for remission of the Agency's claims. 25 par. 1 points 1, 2 and 4.

4. In the case referred to in art. 25 par. 1 point 4 (a), the debtor submits an application for remission of the Agency's receivables by means of the competent authorities due to the place where the damage occurred, which confirms the amount and extent of the damage suffered by the debtor, estimated by the committee, o Article 2 4 par. 7. The Wojewoda shall send to the President of the Agency the request of the debtor, together with the protocol determining the amount and extent of the estimated damages, drawn up by this committee.

5. In the case referred to in art. 25 par. 1 point 4 (b), the debtor's request for remission of the Agency's receivables shall be accompanied by attesting the incapacity for work on the holding:

1) final judgment of the doctor's doctor of the Agricultural Social Insurance Fund or the decision of the medical commission of the Kasa of permanent or periodic total incapacity to work in the agricultural holding, issued on the basis of the provisions of the Act of the 20 December 1990 o social insurance of farmers (Dz. U. of 2016 r. items 277), or

2) a decision of the doctor of the decision, from which no objection has been raised or for which no plea of defect has been filed, or a decision of the medical commission of the total incapacity to work, issued on the basis of the provisions of the Act of 17 December 1998. o pensions from the Social Insurance Fund (Dz. U. of 2016 r. items 887).

(6) If the request for remission of the Agency's claims does not include all the documents required, the President of the Agency shall request the applicant to complete the request within a period of 14 days.

7. If the applicant does not submit within the time limit referred to in paragraph. 6, the missing documents, the request for redemption of the Agency's receivables is not subject to consideration and shall be returned to the applicant.

Article 27. [ Arrangement of the instalments and postponed payment of the debt payment] 1. The claim of the Agency may be spread over the instalments or the due date of the Agency's claim may be postponed if it is justified on social or economic grounds.

2. The settlement of the Agency's claims or postponement of the payment of the Agency's claims shall be effected at the request of the debtor.

3. The application referred to in paragraph 1. 2, should include in particular:

1. first name, surname, place of residence and address or name, seat and address of the applicant;

(2) the amount of the debt, with interest extraction;

3) lay down the reasons for applying for the distribution of the Agency's receivables into instalments or postponement of the Agency's claim;

4) information on the debtor's current assets situation;

5. information whether the applicant has already been waives or has been decomposed by the Agency's claim, or the due date for repayment of the Agency's claims has been postpone;

6) the proposed terms and amounts of debt repayment;

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

4. The application referred to in paragraph 1. 2, the applicant shall attach supporting documents or justifying the circumstances referred to in paragraph 1. 1.

5. The application referred to in paragraph 1. 2, the provisions of Article 4 shall apply mutatis mutandis. 26 par. 6 and 7.

Article 28. [ Agreement on receivables] 1. The killing of a claim by the Agency or a payment to the instalment or postponement of the payment of the Agency's claims shall be made on the basis of a contract

2. The contract referred to in paragraph 2. 1, shall specify in particular:

1) the parties to the contract;

2) the subject of the contract;

3) deadline for the implementation of the contract

4) the amount of the claim;

5) terms of repayment of the remaining part of the Agency's claims-in the case of redemption of this receivable in part;

6) the terms and conditions for repayment of the Agency's claims-in the case of distribution to the instalment of that claim or deferment of its repayment.

3. In the case referred to in art. 25 par. 1 points 3 and 5, the waiver of the Agency's claims shall be based on the statement of the President of the Agency. The statement of the President of the Agency shall apply mutatis mutandis. 2.

4. In matters not governed by this Act, the provisions of civil law shall apply.

Article 29. [ Determination of amounts unduly or over-collected public funds] 1. Determination of the amount unduly or excessively collected public funds:

1) coming from the funds of the European Union,

2. national, intended for:

(a) co-financing of expenditure effected from European Union funds,

(b) financing by the Agency of aid granted by administrative decision

-shall be made by administrative decision.

1a. Paragraph Recipe 1 shall also apply to entities which are not parties to the procedure for the granting of payments or financial assistance which have been unduly or unduly collected by the public funds referred to in paragraph 1. 1.

2. The appropriate on the determination of the amount unduly or over-collected public funds in the decision referred to in the paragraph. 1, shall be the authority competent to decide on the granting of payment or financial assistance from the public funds referred to in paragraph 1. 1.

3. The determination of the amount unduly or over-collected public funds shall be determined by the authority referred to in paragraph 3. 2, it may also resolve in the decision on the granting of payments or financial assistance from the public funds referred to in paragraph. 1.

4. If the amount unduly or excessively collected public funds, which has been fixed in the decision referred to in the paragraph, 3, is not higher than the amount equivalent to 100 euro converted into gold at the euro rate fixed for the European Union fund concerned in accordance with the separate provisions, the amount of the payments or financial assistance granted from the funds the public referred to in paragraph 1. 1, shall be paid in the amount reduced by a fixed amount unduly or over-collected; the provision of the paragraph. 10 shall not apply.

5. The provisions of the paragraph. 1-3 shall not apply in the cases referred to in Article 3. 49 (1) 1 of the Act of 5 February 2015. on payments under direct support schemes (Dz. U. of 2015 items 1551 and 2016 items 337) and art. 28a of the Act of 7 March 2007. on support for rural development with the contribution of the European Agricultural Fund for Rural Development under the Rural Development Programme for 2007-2013 (Dz. U. of 2013 r. items 173, of 2015 items 349 and of 2016 items 337) and art. 44 par. 3 of the Act of 20 February 2015. to support rural development with the participation of the European Agricultural Fund for Rural Development under the Rural Development Programme for the period 2014-2020 (Dz. U. Entry 349 and 1888 and 2016 items 337).

6. In the case referred to in paragraph. 4, the appeal against the decision shall not stop its execution.

7. To the claims referred to in paragraph 1. 1, the provisions of Chapter III of the Act of 29 August 1997 shall apply accordingly. -Tax Ordinance (Dz. U. of 2015 items 613, of late. zm.), with the exception of the provisions concerning the death of receivables, the posturing of payments, the distribution of payments into instalments and rounding of receivables, with the fact that the term referred to in art. 47 § 1 of the Act of 29 August 1997. -The tax ordination is 60 days.

8. The powers of the tax authority as defined in the Act referred to in the paragraph. 7, they shall be entitled to the authority referred to in paragraph 1. 2.

9. Founding of the case referred to in paragraph. 1, should take place within 3 months.

10. The enforcement of the claims referred to in paragraph. 1, the provisions on enforcement proceedings in the administration shall apply.

Article 30. [ Application of the provisions of the Code of Civil Procedure and the provisions on enforcement proceedings in the administration] 1. In cases concerning the determination of undue or excessively collected public funds which have been provided by the Agency on the basis of an agreement in connection with the implementation of the common agricultural policy, the Common Fisheries Policy or the sectoral programme operational:

1) coming from the funds of the European Union,

2) national, intended to co-finance expenditure effected from European Union funds

-the provisions of the Code of Civil Procedure apply.

2. The execution of the claims referred to in paragraph 2. 1, the provisions on enforcement proceedings in the administration shall apply.

Article 31. [ Claims on undue or unduly paid public funds] 1. Receivables established by administrative decision by the body referred to in art. 29 par. 2, in the event of undue or excessively downloaded public funds from the European Agricultural Guarantee Fund (EAGF) or under the European Agricultural Fund for Rural Development (EAFRD) and national public funds intended to co-finance the expenditure of these funds, and the claims resulting from payment contracts as defined in separate provisions implemented by the Agency from public funds deriving from the EAGF or the EAFRD and national public funds intended to co-finance expenditure of those funds, with the exception of the claims referred to in Article 29 par. 4, they shall be subject to a deduction from the uncontested and due receivables or debt of the debtor in respect of the payments made by the Agency under those funds and national public funds intended to co-finance the expenditure effected with the these funds.

2. Receivables established by administrative decision by the body referred to in art. 29 par. 2, in the event of undue or excessively collected public funds from European Union funds other than those referred to in paragraph 2. 1 and national public funds intended to co-finance the expenditure of these funds, as well as the claims resulting from the payment agreements specified in the separate provisions implemented by the Agency from the funds public funds from European Union funds other than those referred to in paragraph 1. 1) and national public funds intended to co-finance the expenditure of these funds, excluding the amounts receivable referred to in Article 1. 29 par. 4, they shall be subject to a deduction from the uncontested and due receivables or debtors ' claims for payments made by the Agency under the various European Union funds other than those referred to in paragraph 1. 1 and national public funds intended to co-finance the expenditure of these funds.

3. The deductions shall be made by the statement of the Agency to the debtor in writing if the debtor, under the conditions laid down in the decision or contract referred to in the paragraph. 1 and 2, did not return to the bank account of the Agency unduly or over-downloaded funds. The statement shall have retroactive effect from the date on which the offsetting became possible.

4. To the amounts to be deducted pursuant to 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 cross-compliance, modulation and the integrated administration and control system under the direct support schemes provided for in that the Regulation and the implementation of Council Regulation (EC) No 1234/2007 as regards cross-compliance within the support scheme established for the wine sector (Dz. Urz. EU L 316, 02.12.2009, p. 65) and the provisions of Commission Regulation (EU) No 65/2011 of 27 January 2011. laying down detailed rules for the implementation of Council Regulation (EC) No 1698/2005, as regards the introduction of control procedures and the principle of cross-compliance in the field of rural development support measures (Dz. Urz. EU L 25, 28.01.2011, p. 8), the provisions of the paragraph. 1 and 3 shall apply mutatis mutandis.

5. Costs resulting from the investigation of receivables and receivables, including costs of administrative proceedings, costs of litigation and enforcement costs, are subject to a deduction from the undisputed and due receivables or debtors ' receivables financed by the national part of the payments made by the Agency within the framework of the various European Union funds and national public funds allocated to co-financing the expenditure under those Funds. A provision of paragraph 1 shall apply mutatis mutandis to the deduction of costs incurred as a result of the recovery of claims and claims. 3.

Article 32. [ Exemption from execution] Claims to be fixed by administrative decision or receivables resulting from contracts of payment titles as defined in separate provisions by the Agency from public funds originating from the European Union and national funds public funds intended to co-finance them, are not subject to seizing under the provisions of the Code of Civil Procedure and the provisions on enforcement proceedings in the administration.

Article 33. [ Sale of required receivables] 1. The Agency may sell the Agency's due receivables in the event of a permanent loss by the debtor of the Agency's ability to repay the debt.

2. The Agency's claims shall be sold:

1. by invitation to tender;

2) on the basis of the offer announced to the public;

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

3. In the sale of the Agency's receivables the provisions of the Civil Code shall be applied for change of the creditor with the following exceptions

1) no consent of the obligor is required;

2) the sale cannot be made to the debtor, its descending and preliminary, the entity which is in relation to the debtor the parent or dependent entity within the meaning of the Act of 29 July 2005. public offering and conditions for the introduction of financial instruments to an organised trading system and on public companies (Dz. U. of 2013 r. items 1382, of 2015 items 978, 1260 and 1844 and from 2016. items 615 and 996).

(4) The provisions of the Act of 29 August 1997 shall not apply when the Agency's claims are sold. -Banking law (Dz. U. of 2015 items 128, of late. zm.) about adhering to banking secrecy in terms of receivables offered for sale.

5. The Council of Ministers shall determine, by means of a regulation, a detailed mode of sale of the Agency's claims with a view to the sound management of financial resources.

Article 34. (bypassed)

Article 35. (bypassed)

Article 36. (bypassed)

Article 37. (bypassed)

Article 38. (bypassed)

Article 39. [ Conducting cases] (1) The Agency shall conduct cases taken over from the Restructuring Fund and the Agriculture and Financial Debts of the Fund in respect of its financial obligations and claims.

2. The Agency conducts matters in respect of commitments and receivables from the repayable budget aid granted by the Minister responsible for rural development for the restructuring and modernisation of agriculture and its environment before the creation of the Fund Restructuring and Long-term Agriculture.

Article 40. [ Disparity of shares in joint-stock companies and shares in limited liability companies] 1. Shares in joint-stock companies and shares in limited liability companies, covered by the Agency on the basis of the existing regulations, within the framework accepted by the Minister responsible for the development of the rural development programme of the agricultural markets wholesale and agricultural exchanges, the Agency is primarily divest to agricultural producers, groups of agricultural producers and the associations of agricultural producers. Article Article 239 of the Act of 30 June 2005. on public finances (Dz. U. Entry 2104, of late. zm.) [ 1] does not apply.

2. The Council of Ministers shall determine by way of regulation a detailed way of disposing of shares in public limited-liability companies or shares in companies with limited liability of agricultural wholesale markets or agricultural exchanges, with a view to meeting the objectives of the programme the construction of agricultural wholesale markets and agricultural exchanges and ensuring the impact of agricultural producers, groups of agricultural producers and the associations of agricultural producers on the functioning of those markets and exchanges.

Article 41. [ Transitional provision] Cases concerning the granting of aid, initiated on the basis of existing provisions and not completed before the entry into force of the Act, shall be considered in accordance with the provisions of the Act.

Article 42. [ Provisions so far] For legal relations arising from contracts concluded before the entry into force of the Act, including under the Special Accession Programme for Agriculture and Rural Development, the existing provisions shall apply to the exclusion of cases. concerning the redemption, in whole or in part, of the distribution to instalments of the Agency's claims in connection with the performance of tasks financed exclusively by national public funds, on the basis of the payment of the Agency's claims.

Article 43. [ Application of the provisions of the Civil Procedure Code] 1. In cases concerning the determination of undue or excessively collected public funds, which have been provided by the Agency on the basis of an agreement in connection with the implementation of the Special Accession Programme for Agricultural Development and Areas Rural:

1) coming from the funds of the European Union,

2) national, intended to co-finance expenditure effected from European Union funds

-the provisions of the Code of Civil Procedure apply.

2. The provisions of the Code of Civil Procedure shall apply to the execution of claims coming from the Special Accession Programme for Agriculture and Rural Development.

Article 44. [ Labour Relations] The work relations of the Deputy President of the Agency, the deputy directors of regional branches and deputy managers of district offices, established by the existing regulations, become relations of work on the basis of the appointment as of the date of entry into force of the Act.

Article 45. [ Provisions so far] Implementing rules issued on the basis of Article 3 para. 5, art. 3a (3) 5 point 2, art. 4 par. 2, art. 7 ust. 7 and art. 10b par. 6 of the law referred to in Article 6 47 shall retain power until the date of entry into force of the implementing rules adopted on the basis of the Article. 3 para. 2, art. 4 par. 6, art. 7 ust. 2, art. 21 (1) 9 and Art. 33 (1) 5 of the Act, however, no longer than for 12 months from the date of its entry into force.

Article 46. [ Reference to the provisions of the Act-codification] Whenever provisions are laid down, the law referred to in Article 1 shall be referred to in Article 4. 47, this should be understood by this Act.

Article 47. [ Repealed provisions] The Law of 29 December 1993 is repealed. on the establishment of the Agency for Restructuring and Modernisation of Agriculture (Dz. U. of 2005 items 264, of late. zm.).

Article 48. [ Entry into force] The Act shall enter into force after 14 days from the day of the announcement.

[ 1] It lost power on 1 January 2010. in accordance with art. 85 of the Act of 27 August 2009. -Provisions introducing a law on public finances (Journal of Laws No. 157, item. 1241, with late. zm.), which entered into force on 1 January 2010.