Government Decree No. 112 / 2008 Coll.
Government regulation on certain conditions for granting national additional payments to direct aid
Valid
Regulation
Effective from 15.04.2008
112
GOVERNMENT REGULATION
of 26 March 2008
laying down certain conditions for granting national additional payments to direct aid
The Government orders pursuant to § 2b (2) of Act No. 252 / 1997 Coll., on Agriculture, as amended by Act No. 128 / 2003 Coll. and Act No. 441 / 2005 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.:
Subject matter
This Regulation provides for certain conditions for granting transitional national aid (hereinafter referred to as "payment ') to direct aid to the State Agricultural Intervention Fund (hereinafter referred to as" the Fund') following directly applicable European Union1.
Application for payment
(1) Upon request, payments shall be made for:
(a) hops,
(b) bovine animals, sheep, goats ("ruminants"),
(c) sheep, goat,
(d) suckler cow farming;
(e) agricultural land;
(f) starch potatoes.
(2) The applicant for payment referred to in paragraph 1 shall deliver to the Fund an application for payment by 15 May of the calendar year concerned, using the form issued by the Fund for the calendar year concerned under the single application (21). The application shall include the contracts, decisions and documents set out below, or copies thereof officially certified.
(3) Any amendment to the application for payment referred to in paragraph 2 shall be notified by the applicant to the Fund by 31 May of the calendar year concerned using the form issued by the Fondem22).
Payment for hops
(1) The applicant for payment for hops may be a natural or legal person,
(a) for which on 31 March 2007 agricultural land was kept in the land use register according to user relations (hereinafter referred to as "the register") as a hop plant [Paragraph 3i (d) of the Agriculture Act] which was eligible for the single area payment of agricultural soils (5);
(b) which has grown on agricultural land as referred to in (a) hops at an area of at least 1 ha.
(2) The applicant shall indicate in the application the total area of the soil blocks or parts of the soil blocks (Section 3a of the Agricultural Act), which were registered as hop trees on 31 March 2007 [Section 3i (d) of the Agricultural Act] on which hops were grown.
(3) The Fund provides the applicant with a payment for hops at the area of agricultural land which was:
(a) on 31 March 2007, the register shall be kept on the applicant as a hop plant [§ 3i (d) of the Agriculture Act] and shall bear hops;
(b) the register shall be kept as eligible for the single area payment of agricultural soils (5).
Payment on ruminants
(1) The applicant for payment for ruminants may be a natural or legal person who, on 31 March 2007, kept ruminants on a holding registered in a central register kept under the Breeding Code (6) (hereinafter referred to as "central register").
(2) Where the applicant for payment for ruminants has been ordered in the period from 1 August 2006 to 31 March 2007 by a decision of the competent regional veterinary administration of an exceptional veterinary measure in the event of the occurrence of a dangerous disease (7), in which the slaughter or slaughter of ruminants kept by him was ordered, the condition of the ruminants referred to in paragraph 1 shall be deemed to have been kept in the central register on 31 July 2006.
(3) The application for payment for ruminants in the case referred to in paragraph 1 shall include a document from the central register proving the status of ruminant farming kept by the applicant on 31 March 2007, including the ruminant identification numbers and dates of birth and, where applicable, the dates of registration in the central register, according to data from the central register, and the calculation of the livestock units, provided that the document has not been delivered to the Fund with the application for payment for ruminants in one of the previous calendar years; in that case, the Fund shall base its decision on that document when deciding on the payment for ruminants.
(4) The application for payment for ruminants in the case referred to in paragraph 2 shall include:
(a) a document from the central register showing the status of the applicant's ruminant farming on 31 July 2006, including the ruminant identification numbers and the dates of birth and, where appropriate, the dates of registration in the central register, according to the data from the central register, and the calculation of livestock units, unless it has been delivered to the Fund with an application for payment for ruminants in one of the previous calendar years;
(b) a copy of the written copy of the decision of the competent regional veterinary authority on the regulation of the emergency veterinary measure in the event of a dangerous disease (7), provided that the applicant has not delivered them to the Fund with an application for payment for ruminants in one of the previous calendar years.
In such a case, the Fund shall base its decision on the documents referred to in points (a) and (b) for the payment of ruminants.
(5) The conversion factors for determining the number of livestock units to be paid for ruminants are set out in Part A of the Annex to this Regulation.
(6) The Fund provides the applicant with a payment for ruminants for the total number of livestock units determined according to the number of ruminants on the basis of the document referred to in paragraphs 3 and 4, with at least two livestock units as a condition for payment.
Payment for sheep or goats
(1) The applicant for payment for sheep or goats may be a natural or legal person holding ovine or caprine animals from at least 15 June to 15 August of the relevant calendar year on a holding registered in the central register.
(2) The conversion factors for determining the number of livestock units to be paid for sheep or goats are set out in Part B of the Annex to this Regulation.
(3) The Fund will provide the applicant with a payment for the total number of livestock units determined according to the number of females over one year of age kept on the holding of the applicant between 15 June and 15 August of the relevant calendar year on the basis of data in the central register, with a minimum of 2 livestock units as a condition for payment.
Payment for suckler cows
(1) The applicant for the payment for suckler cows may be a natural or legal person who keeps suckler cows from at least 15 June to 15 August of the relevant calendar year on a holding registered in the central register.
(2) The conversion factors for determining the number of livestock units to be paid for suckler cows are set out in Part B of the Annex to this Regulation.
(3) The Fund provides the applicant with a payment for suckler cows for the total number of livestock units determined on the basis of the number of suckler cows kept on the holding of the applicant during the period from 15 June to 15 August of the calendar year concerned on the basis of the data in the central register, with at least 2 livestock units as a condition for the payment of suckler cows.
(4) The Fund shall not grant to the applicant a payment for suckler cow production for a cow for which an application is submitted in the same calendar year for aid for cow husbandry in a system with market milk production pursuant to Section 30 of Government Decree No. 50 / 2015 Coll., as amended.
Payment on agricultural land
(1) The applicant for payment on agricultural land may be the natural or legal person who made an application for a single area payment in the relevant calendar year pursuant to Article 6 of Government Regulation No 50 / 2015 Coll., as amended.
(2) The Fund provides the applicant with a payment for agricultural land for which the applicant requested and fulfilled the conditions for granting the single area payment of agricultural land in the relevant calendar year pursuant to Article 7 of the Government Regulation No. 50 / 2015 Coll., as amended.
Payment for starch potatoes
(1) The applicant for payment for starch potatoes may be a natural or legal person who, for the 2011 / 2012 marketing year, has concluded a contract with the starch potato processor for growing potatoes for starch under the Government Regulation laying down certain procedures for the implementation of the common organisation of the market in starch by 31 March 2011.
(2) The application shall be accompanied by a copy of the starch potato contract concluded for the 2011 / 2012 marketing year under the Government Regulation laying down certain procedures for the implementation of the common organisation of the market in starchbe12), provided that it has not been delivered to the Fund with an application for starch potato payment in one of the previous calendar years.
(3) The Fund shall provide the applicant with a payment for starch potatoes in accordance with the quantity of potato starch laid down in the contract referred to in paragraph 1.
Publication of payments
The amount of the payments referred to in paragraphs 5 to 10 shall be published by the Fund no later than 30 November of the calendar year concerned in a way which allows remote access and in at least one national logbook, as laid down in the directly applicable European Union Regulation establishing common rules for direct support schemes under the common agricultural policy13).
Reduction of payments or rejection of applications
(1) If the applicant delivers an application for payment in accordance with Article 2 after a specified period but no later than 25 calendar days after the expiry of that period, the Fund shall grant him a payment less 1% of the total amount of the payment concerned for each working day of delay in submitting the application. if the applicant receives the payment application only after the end of this extended period, the Fund shall not make payment to the applicant.
(2) If a single agricultural area payment has not been granted to applicants for payment in the relevant calendar year under Government Regulation No. 50 / 2015 Coll., as amended, the Fund shall not grant the applicant payment under this Regulation. Where a single agricultural area payment has not been granted to applicants for payment in the relevant calendar year under Government Decree No. 50 / 2015 Coll., as amended, for a specific soil block or part of a soil block, the Fund shall not grant the applicant a payment under Section 9 for that soil block or part of a soil block.
(3) Where the number of livestock units of sheep, goats or suckler cows kept by the applicant for payment pursuant to paragraphs 7 and 8 is at least lower for the period from 15 June to 15 August of the calendar year concerned than the number of livestock units of sheep, goats or suckler cows for which payment has been requested by that applicant,
(a) by a maximum of 3%, the Fund shall grant to that applicant a payment for the number of livestock units of sheep, goats or suckler cows kept by that applicant for at least the period from 15 June to 15 August of the relevant calendar year established by the Fund;
(b) by more than 3% and not more than 20%, the Fund shall grant to that applicant a payment corresponding to the Fund of the detected number of livestock units of sheep, goats or suckler cows kept by that applicant for at least 15 June to 15 August of the relevant calendar year, less the amount of payment corresponding to twice the difference between the number of livestock units of sheep, goats or suckler cows detected by the Fund and the number of livestock units of ovine, caprine or suckler cows for which the applicant has requested payment.
(4) Where the number of livestock units of ovine, caprine or suckler cows kept by the applicant for payment pursuant to paragraphs 7 and 8 is at least more than 20% for the period from 15 June to 15 August of the relevant calendar year than the number of livestock units of sheep, goats or suckler cows for which the applicant has requested payment, the Fund shall not grant the payment for sheep, goats or suckler cows to that applicant.
(5) Where the number of livestock units of ruminants of the applicant for payment pursuant to Article 6 on 31 July 2006 or 31 March 2007, as the case may be, was lower than the number of livestock units of ruminants for which the applicant requested payment,
(a) by a maximum of 3%, the Fund shall grant the applicant a payment for the actual number of livestock units of ruminants kept by the applicant on 31 July 2006 and 31 March 2007, as the case may be,
(b) by more than 3% and not more than 20%, the Fund shall grant to that applicant a payment corresponding to the number of livestock units of ruminants kept by the applicant on 31 July 2006 or 31 March 2007, reduced by the amount of the payment equivalent to twice the difference between the number of livestock units of ruminants and the number of livestock units of ruminants referred to in the application for payment pursuant to Article 6.
(6) Where the number of livestock units of ruminant animals of the applicant for payment pursuant to Article 6 on 31 July 2006 or 31 March 2007, as the case may be, has been reduced by more than 20% than the number of livestock units of ruminant animals for which the applicant has requested payment, the Fund shall not grant payment pursuant to Article 6 to the applicant.
(7) Where the conditions laid down in this Regulation have not been complied with as a result of force majeure, the reduction, non-payment or reimbursement of the payment shall not be implemented 15).
(8) If the total amount of payments pursuant to § 5 to 10 to be granted to the applicant on the basis of his request is less than CZK 500, the Fund shall not grant payment to the applicant.
(9) When examining a payment application for 2015, the Fund shall not apply a reduction in payments or rejection of an application pursuant to paragraph 1 if the application has been received by 29 May 2015.
Deadline for payment in 2020
(1) For 2020, the application for payment referred to in Article 2 (2) may be submitted to the Fund by 15 June 2020.
(2) If, for 2020, a request for subsidy is received after the deadline referred to in paragraph 1, Paragraph 12 (1) shall apply mutatis mutandis.
(1) The Fund shall act in accordance with Regulation (EU) No 1307 / 2013 of the European Parliament and of the Council, as amended, and Commission Delegated Regulation (EU) No 640 / 2014, as amended.
(2) The Fund shall apply mathematical rounding to 2 decimal places when calculating the figures under this Regulation.
(3) An application pursuant to Article 5, 6 or 10 may also be made by a person who is the legal successor of an applicant who would fulfil the conditions for payment under this Regulation or who has transferred rights and obligations as a result of the transfer of a commercial plant or the pacht of a commercial race17).
(4) A request under § 5, 6 or 10 may also be made by a person who has taken over the applicant's agricultural land under the conditions laid down in the Government Regulation laying down the conditions for granting the subsidy in connection with the early cessation of the farming activity of an agricultural business18), or under the conditions laid down directly by the European Union Regulation governing support for rural development from the European Agricultural Fund for Rural Development 19), which would fulfil the conditions for granting payment under this Regulation.
(5) However, in the cases referred to in paragraphs 3 and 4, a person who could otherwise be an applicant for payment under this Regulation shall not be entitled to submit an application to the Fund.
(6) The facts referred to in paragraphs 3 and 4 shall be documented by the applicant to the Fund at the same time as the application for payment, including the manner and extent of transfer or transfer of rights and obligations relating to the conditions for payment.
Efficacy
This Regulation shall enter into force on 15 April 2008.
Prime Minister:
Ing. Topolánek v. r.
Minister for Agriculture:
Mgr. Gandalovich v. r.
Annex to Government Regulation No 112 / 2008 Coll.
Conversion factors to determine the number of livestock units for the ruminant payment
(Sections 6 (5), 7 (3) and 8 (3))
| Druh a kategorie hospodářských zvířat | Koeficient přepočtu na velké dobytčí jednotky (VDJ) |
|---|---|
| skot ve věku nad 2 roky | 1,00 |
| skot ve věku nad 6 měsíců do 2 let včetně | 0,60 |
| skot ve věku nad 1 měsíc do 6 měsíců včetně | 0,20 |
| ovce ve věku nad 1 rok | 0,15 |
| kozy ve věku nad 1 rok | 0,15 |
| Druh a kategorie hospodářských zvířat | Koeficient přepočtu na velké dobytčí jednotky (VDJ) |
|---|---|
| skot ve věku nad 2 roky | 1,00 |
| skot ve věku nad 6 měsíců do 2 let včetně | 0,60 |
| skot ve věku do 6 měsíců včetně | 0,40 |
| ovce ve věku nad 1 rok | 0,15 |
| kozy ve věku nad 1 rok | 0,15 |
Note: 1 year means 365 days, 1 month means 30 days. For bovine animals aged up to and including 6 months, the age shall be calculated from the day following the date of birth.
1) Regulation (EU) No 1306 / 2013 of the European Parliament and of the Council of 17 December 2013 on the financing, management and monitoring of the common agricultural policy and repealing Council Regulations (EEC) No 352 / 78, (EC) No 165 / 94, (EC) No 2799 / 98, (EC) No 814 / 2000, (EC) No 1290 / 2005 and (EC) No 485 / 2008, as amended. Regulation (EU) No 1307 / 2013 of the European Parliament and of the Council of 17 December 2013 laying down rules for direct payments to farmers under support schemes under the common agricultural policy and repealing Council Regulation (EC) No 637 / 2008 and Council Regulation (EC) No 73 / 2009, as amended. Commission Delegated Regulation (EU) No 640 / 2014 of 11 March 2014 supplementing Regulation (EU) No 1306 / 2013 of the European Parliament and of the Council with regard to the integrated administration and control system and the conditions for refusal or withdrawal of payments and administrative penalties applicable to direct payments, support for rural development and cross compliance, as amended.
2) Act No. 256 / 2000 Coll., on the State Agricultural Intervention Fund and amending certain other laws (Act on the State Agricultural Intervention Fund), as amended by Act No. 128 / 2003 Coll., Act No. 41 / 2004 Coll., Act No. 85 / 2004 Coll., Act No. 237 / 2004 Coll., Act No. 482 / 2004 Coll., Act No. 441 / 2005 Coll., Act No. 130 / 2006 Coll., Act No. 342 / 2006 Coll. and Act No. 35 / 2008 Coll.
5) Article 36 of Regulation (EU) No 1307 / 2013 of the European Parliament and of the Council, as amended.
6) Act No. 154 / 2000 Coll., on Breeding, Breeding, Breeding and Registration of Breeding Animals and on the Amendment of Certain Related Laws (Breeding Act), as amended by Act No. 309 / 2002 Coll., Act No. 162 / 2003 Coll., Act No. 282 / 2003 Coll., Act No. 444 / 2005 Coll. and Act No. 130 / 2006 Coll.
7) Sections 54 and 55 of Act No. 166 / 1999 Coll., on Veterinary Care and on the Amendment of Certain Related Acts (Veterinary Act), as amended by Act No. 131 / 2003 Coll. and Act No. 48 / 2006 Coll.
12) Articles 13b (1) and 14 (1) (a) of Decree No. 115 / 2004 Coll., laying down certain procedures for implementing the common organisation of the market in starch, as amended by Decree No. 543 / 2004 Coll., Decree No. 149 / 2005 Coll., Decree No. 143 / 2006 Coll. and Decree No. 157 / 2007 Coll.
13) Article 37 of Regulation (EU) No 1307 / 2013 of the European Parliament and of the Council, as amended.
15) Article 4 of Commission Delegated Regulation (EU) No 640 / 2014.
17) Sections 2175 to 2183 and Sections 2349 to 2357 of the Civil Code.
18) Government Decree No. 69 / 2005 Coll., laying down the conditions for granting the subsidy in connection with the early cessation of the agricultural activity of an agricultural operator, as amended by Government Decree No. 512 / 2006 Coll.
19) Article 23 of Council Regulation (EC) No 1698 / 2005 of 20 September 2005 on support for rural development by the European Agricultural Fund for Rural Development (EAFRD), as amended.
21) Article 72 (4) of Regulation (EU) No 1306 / 2013 of the European Parliament and of the Council on the financing, management and monitoring of the common agricultural policy and repealing Council Regulations (EEC) No 352 / 78, (EC) No 165 / 94, (EC) No 2799 / 98, (EC) No 814 / 2000, (EC) No 1290 / 2005 and (EC) No 485 / 2008.
22) Article 15 (1) and (2) of Commission Implementing Regulation (EU) No 809 / 2014 of 17 July 2014 laying down detailed rules for the implementation of Regulation (EU) No 1306 / 2013 of the European Parliament and of the Council as regards the integrated administration and control system, rural development and cross-compliance measures, as amended.
Sign in for notes, favorites and notifications
Regulation Information
| Citation | Government Regulation No. 112 / 2008 Coll., on certain conditions for granting national additional payments to direct aid |
|---|---|
| Regulation Type | Regulation |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 14.04.2008 |
|---|---|
| Effective from | 15.04.2008 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
Comments 0