19 January 2012, ref. no.  87

Acting within the framework of legally prescribed competences to receive and consider complaints for violation of the provisions of the Law on the Prohibition of Discrimination, give opinions and recommendations and impose statutory measures (Article 33, paragraph 1, item 1 of the Law on the Prohibition of Discrimination, “Official Gazette of RS”, no. 22/2009), acting upon the complaint of Z. N. from D., the Commissioner for the Protection of Equality gives the following

OPINION

Regulation on allocation and use of incentives for genetic improvement of  livestock breeding in 2011 (“Official Gazette of the Republic of Serbia”, No. 13/2011) of the Government of the Republic of Serbia, which prescribes the conditions and method of allocation and use of incentives for genetic improvement of  livestock breeding in 2011, the principle of equality has been violated, thus discriminating against the holders of commercial family farms who don’t have the status of a insured farmer with the Republican Pension and Disability Insurance Fund.

The Commissioner for the Protection of Equality, in accordance with Art. 33, para. 1, item 1 and Art. 39, para. 2 of the Law on the Prohibition of Discrimination, gives to the Government of the Republic of Serbia the following

RECOMMENDATION

1. TheGovernment of the Republic of Serbia shall take all necessary measures to allow all holders of commercial family farms who don’t have the status of insured farmer with the Republican Pension and Disability Insurance Fund, and who own high-quality breeding livestock and meet all other requirements, to exercise the right to the incentive for genetic improvement of livestock, under the same conditions as the holders of commercial family farms who have the status of a insured farmer with the Republican Pension and Disability Insurance Fund, in accordance with the Regulation on allocation and use of incentives for genetic improvement of  livestock breeding in 2011 (“Official Gazette of the Republic of Serbia”, No. 13/2011).
2. TheGovernment of the Republic of Serbia will take care in the future, when undertaking measures in agriculture and other areas under its jurisdiction, to respect the principle of equality of legal entities, taking into account the fact that the goal and effect of the measures taken must be justified, and that there must be a proportionality between the measures taken and the goal being achieved, in accordance with Art. 8 of the Law on the Prohibition of Discrimination.
3. The Government of the Republic of Serbia shall notify the Commissioner for the Protection of Equality, within 30 days from the date of receipt of the opinion and recommendation, on the measures that it will implement for the purpose of acting upon the recommendation.

COMMISSIONER FOR THE PROTECTION OF EQUALITY

Dr. Nevena Petrušić