Government Decree No. 121 / 2005 Coll.
Government Regulation amending Government Regulation No 241 / 2004 Coll., on the conditions for implementing aid to less favourable areas and areas with environmental restrictions
Valid
Regulation
Effective from 01.04.2005
121
GOVERNMENT REGULATION
of 9 March 2005
amending Government Regulation No 241 / 2004 Coll., on the conditions for implementing aid to less favourable areas and areas with environmental restrictions
According to § 2c (5) and (6) of Act No. 252 / 1997 Coll., on Agriculture, as amended by Act No. 85 / 2004 Coll., (hereinafter referred to as "the Act"), the Government hereby orders the implementation of § 2c (2) (a) of the Act:
Government Decree No. 241 / 2004 Coll., on the conditions for implementing aid to less favourable areas and areas with environmental restrictions, is amended as follows:
1. Article 1, including the title and footnotes 1, 2 and 2a, reads as follows:
Subject matter
This Regulation (1) regulates the criteria for the definition of less favourable areas and areas with environmental restrictions and the detailed conditions for granting the subsidy (2a) to compensate for damage arising from farming in less favourable areas and areas with environmental restrictions (hereinafter referred to as "the compensatory allowance ') following the directly applicable rules of the European Community2.
1) It is issued for the implementation and within the limits of the law, the content of which allows for an adjustment following the directly applicable regulation of the European Communities by the Government.
2) Council Regulation (EC) No 1257 / 1999 of 17 May 1999 on support for rural development from the European Agricultural Guidance and Guarantee Fund (EAGGF) and amending and repealing certain Regulations, as amended. Commission Regulation (EC) No 796 / 2004 of 21 April 2004 laying down detailed rules for the implementation of cross-compliance, modulation and the integrated administration and control system referred to in Council Regulation (EC) No 1782 / 2003 establishing common rules for direct support schemes under the common agricultural policy and establishing certain support schemes for farmers. Commission Regulation (EC) No 817 / 2004 of 29 April 2004 laying down detailed rules for applying Council Regulation (EC) No 1257 / 1999 on support for rural development from the European Agricultural Guidance and Guarantee Fund (EAGGF).
2a) § 3 (a) of Act No. 218 / 2000 Coll., on budgetary rules and amending certain related laws (budgetary rules). Act No. 252 / 1997 Coll., on Agriculture, as amended by Act No. 62 / 2000 Coll., Act No. 307 / 2000 Coll., Act No. 128 / 2003 Coll., Act No. 85 / 2004 Coll., Act No. 317 / 2004 Coll. and Act No. 94 / 2005 Coll. 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. and Act No. 482 / 2004 Coll. '
2. In Article 7 (b), the words "natural habitats of wild fauna and flora, approved 'are replaced by the words" European sites of importance (4a), approved' and the words "designated 'are replaced by the words" designated'.
Footnote 4a:
"4a) § 45a to 45d of Act No. 114 / 1992 Coll., as amended by Act No. 218 / 2004 Coll. '.
3. In Section 8, the words "per calendar year 'are deleted.
4. In Article 10 (1) (a), the word "or 'shall be added at the end of points 1 and 2.
5. footnote 10 shall read:
"10) Article 39 of Commission Regulation (EC) No 817 / 2004."
6. In Paragraph 13 (1) (c), "30 April to 31 December 'is replaced by" 1 May to 15 October'.
7. footnote 15:
"15) Commission Regulation (EC) No 796 / 2004."
8. In Paragraph 14, the following paragraph 4 is added:
"(4) If the applicant delivers the declaration of honour referred to in Article 13 (2) by the twenty-fifth calendar day following the expiry of the period referred to therein, the Fund shall reduce the compensation by 1% for each working day by which the declaration of honour was delivered to the Fund after the expiry of that period; no reduction in the compensatory allowance shall be made if the applicant proves to the Fund that the late delivery of the affidavit was due to an intervention of a higher power (10). ';
9. In Article 15 (d), the words "or within the period referred to in Article 14 (4) 'shall be inserted after the words" Article 13 (2)'.
10.Paragraph 15 (g) reads as follows:
"(g) has infringed the condition set out in point 5 of the principles.";
11. After Paragraph 18, the following Sections 18a and 18b are inserted:
Data relevant for the granting of the compensatory allowance in type E areas
For the provision of compensation in the area of type E are the relevant birds' areas or European sites (§ 7) approved by the Commission of the European Communities and declared in accordance with special legislation5) of the Government Regulations on 31 December of the calendar year preceding the calendar year in which the application is submitted.
Failure to meet first and second cleavage conditions
If, for reasons of special consideration, the applicant is unable to fulfil the condition referred to in point 2 of the Guidelines, he shall notify the Fund in writing of the reasons for the non-compliance, at the latest on the last day of the period within which he was to comply. ';
12. In Annex 2, after the text:
„
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| CZ0412 | Karlovy Vary | 555185 | Hroznětín | 648523 | Ruprechtov u Hroznětína | S |
the following text is inserted:
„
“.
| CZ0412 | Karlovy Vary | 555185 | Hroznětín | 648515 | Hroznětín | S |
13. Annex 3, including the title and footnotes No 22 to 26, reads:
"Annex 3 to Government Decree No 241 / 2004 Coll.
Principles of good agricultural practice
1. Exclude the cultivation of broad-line crops (maize, potatoes, beet, seed, soya, sunflower) on highly sloped parcels (above 12 °). Agrotechnical work and tours technique to perform mainly along the layers.
2. Cultures of grassland to graze or mow at least twice a year (for reasons of special consideration, to mow once a year or, unless the conditions for the application of agri-environmental measures laid down by special legislation22), the biomass must be removed from the land. The first list must be implemented no later than 15 July of the calendar year (for reasons of special consideration later), unless the conditions for the application of agri-environmental measures laid down by specific legislation22 provide otherwise. The second segment must be implemented by 15 October of the calendar year at the latest (due to special considerations later), unless the conditions for the application of agri-environmental measures laid down by special legislation22 provide otherwise.
3. To comply with the rules on storage and handling of chemicals in accordance with specific legislation23) so as to avoid contamination of environmental components.
4. On sloping arable soils without crops (tilting above 3 °) immediately (within 24 hours) to repair manure, organic and organo-mineral fertilisers and mineral nitrogen fertilisers into the soil.
5. Maintain and maintain for at least seven years a record of the quantity, type and time of application of fertilisers and manure, aids and treated sludge by land, culture and years in accordance with specific legislation24).
6. No defective substances (urinals, manure, silage, etc.) shall escape from stables, manure and manure, stored bulky feedingstuffs or from other Faroe areas.
7. Ensure the conditions for the maintenance of their life, health and well-being for farm animals, in particular sufficient access to quality, safe feed and safe water25).
8. The applicant must not change the grassland culture to arable land on its land blocks or parts of grassland. 26).
14. Annex 4, including the title:
"Annex No 4 to Government Decree No 241 / 2004 Coll.
Species and categories of livestock included in the calculation of stocking density pursuant to Article 13 (1) (b) (2) and conversion coefficient to livestock units
| Druh hospodářského zvířete | Kategorie hospodářského zvířete | Koeficient přepočtu na velké dobytčí jednotky |
|---|---|---|
| Skot | do 6 měsíců | 0,3 |
| starší 6 měsíců do 24 měsíců | 0,6 | |
| starší 24 měsíců | 1,0 | |
| Ovce | do 12 měsíců | 0,1 |
| starší 12 měsíců | 0,2 | |
| Kozy | do 12 měsíců | 0,1 |
| starší 12 měsíců | 0,2 | |
| Koně | do 3 let | 0,75 |
| starší 3 let | 1,3 |
This Regulation shall enter into force on 1 April 2005, with the exception of Article I (14), which shall take effect on 1 January 2006.
Prime Minister:
JUDr. Gross v. r.
Minister for Agriculture:
Ing. Palas v. r.
22) Decree No. 242 / 2004 Coll., on the conditions for implementing measures to promote the development of non-production functions of agriculture consisting of the protection of environmental components (on the implementation of agri-environmental measures), as amended by Decree No. 542 / 2004 Coll. and Decree No. 119 / 2005 Coll.
23) Act No. 326 / 2004 Coll., on Plant Health and on the amendment of certain related laws, as amended by Act No. 626 / 2004 Coll. Act No. 156 / 1998 Coll., on Fertilisers, Soil Aid, Auxiliary Plant Products and Substance and on Agrochemical Testing of Agricultural Soils (Fertilisers Act), as amended.
24) Act No. 156 / 1998 Coll., as amended.
25) Act No. 246 / 1992 Coll., to protect animals against abuse, as amended. Act No. 166 / 1999 Coll., on Veterinary Care and on the amendment of certain related laws (Veterinary Act), as amended.
26) Paragraph 3 (5) (b) of Act No. 252 / 1997 Coll., on Agriculture, as amended by Act No. 85 / 2004 Coll. '.
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Regulation Information
| Citation | Government Regulation No. 121 / 2005 Coll., amending Government Regulation No. 241 / 2004 Coll., on the conditions for implementing aid to less favourable areas and areas with environmental restrictions |
|---|---|
| Regulation Type | Regulation |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 29.03.2005 |
|---|---|
| Effective from | 01.04.2005 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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