Government Regulation No. 106 / 2012 Coll.
Government Regulation amending Government Decree No. 147 / 2008 Coll., laying down the conditions for the grant of subsidies for the conservation of the economic population of forest under Natura 2000 measures in the forests, as amended
Valid
Effective from 01.04.2012
106
GOVERNMENT REGULATION
of 14 March 2012
amending Government Regulation No. 147 / 2008 Coll., laying down the conditions for the grant of subsidies for the conservation of the forest-based economic population under the Natura 2000 measure in the forests, as amended
The Government orders pursuant to § 2c (5) of Act No. 252 / 1997 Coll., on Agriculture, as amended by Act No. 85 / 2004 Coll. and Act No. 291 / 2009 Coll., and under § 1 (3) of Act No. 256 / 2000 Coll., on the State Agricultural Intervention Fund and on the amendment of certain other laws (Act on the State Agricultural Intervention Fund), as amended by Act No. 441 / 2005 Coll. and Act No. 291 / 2009 Coll.:
Government Decree No. 147 / 2008 Coll., laying down the conditions for the grant of subsidies for the conservation of the economic population of forest land under the Natura 2000 measure in forests, as amended by Government Decree No. 51 / 2009 Coll., Government Decree No. 83 / 2009 Coll., Government Decree No. 480 / 2009 Coll. and Government Decree No. 369 / 2010 Coll., are amended as follows:
1. in § 1, § 2 (1) of the introductory part of the provision, § 4 (2) and (4), § 7 (4) and § 8 (4) of the introductory part of the provision, the words "the European Communities" shall be replaced by the words "the European Union."
2. At the end of footnote 1, the sentence "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 implementation of control procedures and cross-compliance with regard to rural development support measures is added. '
3. In Paragraph 2 (2), the word "whole 'shall be inserted after the word" include' and the words "which of at least 50% of its area 'shall be replaced by the words" 100% of its area'.
4. in Article 3 (3), point (b) is deleted;
Points (c) to (g) shall be renumbered as points (b) to (f).
5. in Article 3 (3), point (c) shall be deleted;
Points (d) to (f) shall be renumbered (c) to (e).
6. In Article 3, the following paragraph 7 is added:
"(7) An application for inclusion under paragraph 1 may not be submitted to the Fund for a period beginning in 2014 and thereafter. ';
7. In Article 6, the following paragraph 4 is added:
"(4) The subsidy rate referred to in paragraphs 1 and 2 shall be reduced by EUR 60 per hectare per calendar year, if the part of the area of the selected crop group not situated in Natura 20002); the amount of payment by the Fund shall be calculated in accordance with the procedure referred to in paragraph 2. ';
8. In Article 7 (2), at the end of the text in point (d), the words "if the area has not been reduced as a result of sale," shall be deleted.
9. in Paragraph 7 (2), the word "or" shall be deleted at the end of point (e).
10. in Article 7 (2), the word "or" shall be added at the end of point (f).
11. in Article 7 (2), the following point (g) is inserted after point (f):
"(g) updating the definition of Natura 20002; ';
12. in Article 7, the following paragraph 10 is added:
"(10) The application referred to in paragraph 1 may not be submitted to the Fund for a period beginning in 2014 and thereafter. ';
13. in Paragraph 9 (3), the word "or" shall be deleted at the end of point (c).
14. In Article 9, at the end of paragraph 3, the dot is replaced by "or 'and the following point (e) is added:
"(e) updating the definition of Natura 20002."
15. in Article 9, paragraphs 4 to 6 are deleted;
16. The following Section 9a is inserted after Section 9, including the title and footnotes 19 to 21:
Transfer of classification under the economic file
(1) If the conditions for maintaining the economic file are not met, in the case provided for in the directly applicable European Union19) as a result of the cessation of the agricultural activity of a natural person, or the disappearance of a legal person without liquidation20), which is an applicant, the reduction, non-grant or refund of the subsidy shall not be carried out if the legal successor of that person or the new owner of forest land previously managed by the applicant (the acquirer) undertakes in writing to continue fully to meet the conditions under the economic file title, at all grassroots groups assigned to the applicant for the maintenance of the economic file.
(2) If, during the 20-year period in question, the applicant has a reduction in the area of the crop groups to which a subsidy is granted as part of the maintenance of the economic filesystem from a transfer (21) or the transfer of an undertaking or part thereof, the reduction, non-grant or refund of the subsidy shall not be effected if the acquirer of a part or the whole of the applicant's undertaking in writing undertakes to continue fully to fulfil the conditions under the economic file conservation scheme, in respect of all the crop groups assigned to the applicant for the maintenance of the economic file.
(3) The transferee who undertakes in writing to continue to fulfil the conditions of the title of maintenance of the economic file on the acquired area referred to in paragraph 1 or 2 shall not submit a new application for inclusion in accordance with paragraph 3 but shall notify the Fund of this fact on the form issued by the Fund and the Fund shall decide on the inclusion for the remainder of the period for which the original applicant was assigned.
(4) Where the acquirer has undertaken in writing to continue fully to fulfil the conditions for the maintenance of the economic file on the acquired forest land referred to in paragraph 1 or 2, and has, during the period for which the original applicant or the acquirer has been classified as economic file, to reduce the area classified in accordance with paragraph 7 (3) or to violate other conditions for the maintenance of the economic file to which the subsidy has been granted, the Fund shall decide by the acquirer to return the part of the area obtained from the original applicant for the period for which the original applicant or the acquirer has been classified as economic file maintenance.
(5) If the Fund ascertains a breach of the condition in order to maintain the economic file resulting in a refund of the subsidy already granted, the refund of the subsidy shall not exceed the amount granted during the 19 calendar years immediately preceding the year in which the infringement occurred; in the case of a finding of a breach of the condition as regards the maintenance of the economic file after the expiry of the relevant 20-year period, the reimbursement of the subsidy shall be applied at the most to the subsidy granted for 20 calendar years.
19) Article 44 of Commission Regulation (EC) No 1974 / 2006, as amended.
20) Section 68 of the Commercial Code.
21) § 476 to 488i of the Commercial Code. '.
Transitional provision
Applications initiated before the date of entry into force of this Regulation shall be completed in accordance with Government Regulation No. 147 / 2008 Coll., as amended by the date of entry into force of this Regulation.
Efficacy
This Regulation shall enter into force on 1 April 2012.
Prime Minister:
RNDr. Netime v. r.
Minister for Agriculture:
Ing. Bendl v. r.
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Regulation Information
| Citation | Government Regulation No. 106 / 2012 Coll., amending Government Regulation No. 147 / 2008 Coll., laying down the conditions for the grant of subsidies for the conservation of the forest crop economic population under Natura 2000 measures in the forests, as amended |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 30.03.2012 |
|---|---|
| Effective from | 01.04.2012 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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