Government Decree No. 108 / 2012 Coll.
Government Regulation amending Government Regulation No. 53 / 2009 Coll., laying down the conditions for granting subsidies on forestry-environmental measures, as amended
Valid
Effective from 01.04.2012
108
GOVERNMENT REGULATION
of 21 March 2012
amending Government Regulation No. 53 / 2009 Coll., laying down the conditions for granting subsidies for forestry environmental measures, 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. 53 / 2009 Coll., establishing the conditions for granting subsidies on forestry-environmental measures, as amended by 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), § 4 (2) and (4) and in § 9 (5) of the introductory part of the provision, the words "European Communities" shall be replaced by the words "European Union."
2. At the end of footnote 1, the sentences "Commission Regulation (EC) No 1122 / 2009 of 30 November 2009 laying down detailed rules for the application of Council Regulation (EC) No 73 / 2009 as regards cross-compliance, modulation and the integrated administration and control system under the direct support schemes for farmers provided for in that Regulation and Council Regulation (EC) No 1234 / 2007 as regards cross-compliance under the direct support scheme for the wine sector, as amended, are added. 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, as amended. ';
3. In Article 2 (3), the word "whole 'shall be inserted after the word" include'.
4. In Article 2 (3) (b), the words "the value of the census or the sum of the census values shall be" shall be replaced by the words "the census value or the sum of the census values shall be the census value."
5. in Article 3 (3), point (b) shall be deleted;
Points (c) to (h) shall be renumbered (b) to (g).
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 4 (3), the words "and the certificate of the forest operator that there has been no reduction in the inclusion below seven-tenths of the full inclusion 'are replaced by the words" and the class of the increased proportion of meliorative and strengthening timber'.
8. In Article 5, the words "in accordance with Article 2 (3) (b) 'shall be added at the end of the text of point (d).
9. In Article 7 (2) (d), the words "if the area has not been reduced as a result of sale 'are deleted.
10. In Article 7, the following paragraph 7 is added:
"(7) The application referred to in paragraph 1 may not be submitted to the Fund for a period beginning in 2014 and thereafter. ';
11. in Article 8 (1) to (3), the words "economic set, forest type set for forest conservation and," certified "shall be replaced by the words" certified "and the words" and the new class of increased proportion of meliorative and strengthening timber "shall be inserted after the words" to indicate ";
12. In Section 10, paragraphs 5 to 7, including footnotes 19 to 21, are deleted.
13. The following Section 10a is inserted after Section 10, including the title and footnotes 28 to 30:
Transfer of classification in order to improve the species composition
(1) If the conditions for improving the generic composition are not met, in the case provided for in the directly applicable European Union28) as a result of the cessation of the agricultural activity of a natural person or the disappearance of a legal person without liquidation29), 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, the new owner or the new lessee of the forest land previously operated by the applicant (the acquirer) undertakes in writing to continue fully the conditions under the heading of improvement of the generic composition, in all the size groups assigned to the applicant for improvement of the second composition.
(2) If, during the relevant 20-year period, the applicant has a reduction in the area of the crop group to which the subsidy is granted in order to improve the species composition, as a result of the lease, transfer (30) or transfer of the enterprise or part thereof, the reduction, non-grant or refund of the subsidy shall not be carried out if the applicant's recipient of the part or the whole enterprise in writing undertakes to continue fully to fulfil the conditions under the title of improvement of the species composition, at all crop groups assigned to the applicant for improvement of the species composition.
(3) The acquirer who undertakes in writing to continue to fulfil the conditions of the title of improvement of the species composition on the acquired area referred to in paragraph 1 or 2 shall not submit a new application for classification in accordance with Paragraph 3 but shall notify the Fund of this fact on the Form of 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 improving the species composition in accordance with paragraph 1 or 2 and has obtained, during the period for which the original applicant or the acquirer has been assigned to improve the species composition, to reduce the area classified in accordance with Paragraph 7 (3) or to violate other conditions for improving the species composition in the area for which the subsidy was granted, the Fund shall decide on the repayment of the subsidy by the acquirer to the parts of the area obtained from the original applicant for the period for which the original applicant or the acquirer was assigned to improve the species composition.
(5) If the Fund finds a breach of the condition in order to improve the species composition resulting in a refund of the subsidy already granted, the refund of the subsidy shall be applied at the most to the subsidy granted during the 19 calendar years immediately preceding the year in which the infringement occurred; in the event of a breach of the condition in order to improve the species composition 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.
28) Article 44 of Commission Regulation (EC) No 1974 / 2006, as amended.
29) Section 68 of the Commercial Code.
30) § 476 to 488i of the Commercial Code. '.
14. In Annex No 1, for forest category "Forests of Protection ', the words" timber as referred to in Annex No 3' are replaced by the words "timber as referred to in Annex No 4 '.
15. in Annex 3 (II) (f) (2):
"2. linkages (in multi-etase crops)."
16. In Annex 3, point II. (f), the following point 6 is added:
"6th class of the increased proportion of meliorative and strengthening timber."
Transitional provision
Proceedings in matters of classification in order to improve the species composition of forests and in cases of subsidies for this title initiated before the date of entry into force of this Regulation shall be completed in accordance with Government Regulation No 53 / 2009 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. 108 / 2012 Coll., amending Government Regulation No. 53 / 2009 Coll., laying down the conditions for granting subsidies on forestry-environmental measures, 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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