Decree No. 141 / 2006 Coll.
Government Regulation on certain conditions for granting national additional payments to direct aid for 2006
Valid
Effective from 15.04.2006
141
GOVERNMENT REGULATION
of 5 April 2006
laying down certain conditions for granting national additional payments to direct aid for 2006
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., hereinafter referred to as "the Act ', 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 (1) regulates, following the directly applicable rules of the European Communities (2) (hereinafter referred to as the "Regulation of the European Communities') certain conditions for granting national additional payments (hereinafter referred to as" payment ') to direct aid for 2006 by the State Agricultural Intervention Fund (hereinafter referred to as "the Fund') as subsidies for the results of the management of the area
(a) the cultivation of flax on the fibre on agricultural land maintained under § 3a to 3h of the Act in the register of use of agricultural land according to user relations (hereinafter referred to as "registration") as arable land [§ 3i (a) of the Act];
(b) the cultivation of hops on agricultural land kept in the register as hops [§ 3i (d) of the Act];
(c) breeding of bovine, ovine and caprine animals (hereinafter referred to as ruminants) on a holding registered in a central register under the Breeding Act (4);
(d) cultivation on arable land of the crops listed in Annex 1 to this Regulation or, where appropriate, of crops of the species listed in Annex 2 to this Regulation (Article 3i (a) of the Law) kept in the register referred to in Articles 3a to 3h of the Law.
Payment for flax growing on fibre
The applicant for the payment of flax for fibre may be a natural or legal person managing the agricultural land on which it is registered and who grows flax for fibre at least 1 ha.
(1) The application for payment for flax for fibre shall be submitted to the Fund on the form issued by it by 15 May 2006.
(2) The application for payment for flax for fibre is:
(a) a list of the soil blocks or parts of soil blocks (Section 3a of the Act), the applicant sown with flax on fibre, including their areas and drawings in the map of the soil blocks or parts of soil blocks, respectively, of a scale of 1: 10 000 or more;
(b) a declaration with an officially certified signature of the applicant using a form issued by the Fund for the use of recognised osiza5), supported by:
1. a tax document on the purchase of a recognised seed (5) or an officially certified copy and a certificate (5) or an officially certified copy thereof;
2. by decision on the recognition of the seed (5) or an officially certified copy thereof,
3. proof of certification of seed issued in another Member State of the European Union5) or an officially certified copy thereof; or
4. a certificate from the International Association for the Testing of Seeds (ISTA) for seed from third countries (5) or an officially certified copy thereof,
(c) a contract to dispose of the flax of the applicant or an officially certified copy thereof, concluded with the first processor of flax approved by the Fondem6).
The Fund shall provide the applicant with a payment for fibre flax grown on agricultural land:
(a) kept in the register on the applicant for at least 1 May 2006 to 31 August 2006 as arable land;
(b) recorded as eligible for payment (7);
(c) the applicant shall be permanently farmed and grown on fibre as long as it is kept in the register.
Payment for hop cultivation
The applicant for payment for the cultivation of hops may be a natural or legal person managing agricultural land registered on the holding as a hops [§ 3i (d) of the Act] and grows on it at least 1 ha.
(1) An application for payment for the cultivation of hops shall be submitted to the Fund on the form issued by it by 15 May 2006.
(2) The application for payment for the cultivation of hops shall include a list of the soil blocks, or parts of soil blocks (Section 3a of the Act) on which the applicant grows hops and which are recorded as hops [Section 3i (d) of the Act], including their areas and drawings in the soil block map or soil block parts, on a scale of 1: 10 000 or more.
The Fund shall grant the applicant a payment for the cultivation of hops on agricultural land which is:
(a) kept in the register on the applicant for at least 1 May 2006 to 31 August 2006 as chmelnice [§ 3i (d) of the Act],
(b) recorded as eligible for payment (7);
(c) the applicant shall be permanently farm-managed as long as it is kept in the register and the hops are grown on it.
Payment for ruminant farming
The applicant for payment for ruminant farming may be a natural or legal person who:
(a) keeping ruminants on a holding registered in the central register under the Breeding Act (4);
(b) nurture on farmed agricultural land which is recorded on the applicant as arable land or, where appropriate, as grassland (Section 3i of the Law), to a minimum area of 1 hectare of crops listed in Annex 3 to this Regulation used during the calendar year as feed for ruminant farming, with the exception of crops intended for processing into dried fodder under the common organisation of the market in dried fodder (hereinafter referred to as "feed crops").
(1) The application for payment for ruminant farming shall be submitted to the Fund on the form issued by it by 15 May 2006.
(2) The application for payment for ruminant farming shall include a list of the soil blocks or parts of soil blocks (Section 3a of the Act) on which the applicant grows feed crops, including an indication of the aggregate area of the total area on which the feed crops are grown on a single soil block or part of the soil block, respectively, and an indication of the total area on which the feed crops are grown on the soil block map or parts of soil blocks, if applicable, on a scale of 1: 10 000 or more.
(3) The applicant shall provide evidence to the Fund by 29 September 2006, or an officially certified copy thereof from the central register provided for in the Breeding Code (4), showing the status of the applicant's ruminant farming on 31 July 2006, including the ruminant identification numbers and the date of birth according to the Breeding Code (4), and the calculation of the livestock unit (9). The conversion factors to determine the number of livestock unit (9) for the payment for ruminant farming are set out in Annex 4 to this Regulation.
(1) The Fund provides the applicant with a payment for the total number of livestock unit (9), determined according to the number of ruminants kept on the basis of a document or an officially certified copy referred to in Article 9 (3), subject to payment being at least 2 livestock units (9).
(2) Payment for ruminant farming shall be granted to the applicant where intensified9) of the ruminant farming of the applicant, converted into the total area on which the feed crops referred to in the application are grown, is lower or equal to 1,8 livestock units (9) per hectare. If the Fund finds that the total area on which fodder crops are grown is actually lower than that indicated in the application by the applicant, the stocking density of ruminants shall be converted into the actual total area on which feed crops are grown.
(3) The provisions of paragraph 2 shall not apply where the number of farmed ruminants converted into livestock units (9) on 31 July 2006 is less than or equal to 15 livestock units (9).
Payment for arable crops
The applicant for the crop payment referred to in Annex 1 to this Regulation, or for the crops of the species listed in Annex 2 to this Regulation, may be on arable land (hereinafter referred to as "arable crop payment '), a natural or legal person managing agricultural land which is recorded as arable land (Article 3i of the Act), with the exception of arable land, on which crops are grown, listed in Annex 1 to this Regulation, and where appropriate the crops of the species listed in Annex 2 to this Regulation, with the exception of arable land on which:
(a) it is grown on fibre in accordance with Sections 2 to 4;
(b) feed crops are grown in accordance with Sections 8 to 10;
(c) crops intended for processing into dried fodder are grown under the common organisation of the market in dried fodder (8).
(1) An application for arable crops payment shall be submitted to the Fund on the form issued by it by 15 May 2006.
(2) The application for arable crops payment shall include a list of the soil blocks or parts of soil blocks (section 3a of the Act) on which the applicant grows the crops listed in Annex 1 to this Regulation, including an indication of the aggregate area of the total area on which the crops listed in Annex 1 to this Regulation are grown on a single soil block or part of the soil block, respectively, and an indication of the total area on which the crops listed in Annex 1 to this Regulation are grown on a map of soil blocks or parts of soil blocks, of a scale of 1: 10 000 or more.
(3) The application for payment for arable crops in case the applicant grows arable crops of the species listed in Annex 2 to this Regulation shall include a list of soil blocks or parts of arable crops (Section 3a of the Act) on which the applicant cultivates the crops of the species listed in Annex 2 to this Regulation, including an indication of the aggregate area of the total area on which the crops of the species listed in Annex 2 to this Regulation are grown on a single soil block or part of a soil block, and an indication of the total area on which the crops of the species listed in Annex 2 to this Regulation are grown on a soil block map, or parts of soil blocks, on a scale 1: 10 000 or more.
(4) Where the applicant cultivates arable crops of the species listed in Annex 2 to this Regulation, he shall document to the Fund, during the period from 16 to 31 October 2006, the officially certified copies of the certification certificates of propagation crops (10) issued by the Central Control and Examination Institute of Agriculture.
The Fund shall grant the applicant a payment for arable crops which is:
(a) kept in the register on the applicant for arable crops payment pursuant to Article 12 (1) for at least the period from 1 May 2006 to 31 August 2006;
(b) recorded as eligible for payment (7);
(c) farmed by the applicant under the crop growing conditions set out in Annex 5 to this Regulation;
(d) the applicant shall be permanently farm-managed as long as it is kept in the register.
Amount of payments
The amount of the payments provided for in paragraphs 2 to 13 shall be published by the Fund by 30 November 2006 at the latest in a way which allows remote access and in at least one national diary as laid down in the European Communities Regulation (11).
Payment
(1) Where the applicant submits an application for payment under this Regulation 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, subject to compliance with the other conditions laid down in this Regulation; where the applicant submits a payment application only after the end of this extended period, the Fund shall reject the payment application.
(2) If a single area payment has not been granted to the applicant for payment 12), the Fund will not grant the applicant payment under this Regulation. If a single agricultural area payment has not been granted to the applicant for payment (12) for a specific soil block, or part of the soil block, the Fund shall not provide the applicant with the payment provided for in Sections 2, 5 and 11 for that soil block, or part of the soil block.
(3) If the Fund finds that the area of agricultural land for which the applicant has fulfilled the conditions for payment provided for in Sections 2, 5 and 11 is lower than that indicated in the applicant's application for payment,
(a) by a maximum of 3%, the Fund shall provide the applicant with an appropriate payment for the actual area of agricultural land for which the applicant has fulfilled the conditions for payment;
(b) by more than 3% and up to and including 20%, the Fund shall provide the applicant with an appropriate payment for the actual area of agricultural land for which the applicant has fulfilled the conditions for granting the payment, less the amount of the payment corresponding to twice the area of agricultural land for which the applicant has not fulfilled the conditions for granting the payment.
(4) If the Fund finds that the area of agricultural land for which the applicant for payment under this Regulation has fulfilled all the conditions for payment has been met, it shall not make the payment available to the applicant less than 20% compared to the area indicated in the application for payment.
(5) Where the agricultural area declared by the applicant concerned in the application for payment of more than one of the payments provided for in this Regulation is composed at the same time on one soil block or, where applicable, on one part of the soil block, and where the Fund finds that the area of agricultural land for which the applicant has fulfilled the conditions for granting one of the payments is in fact less than that indicated in the applicant's application for payment, the Fund shall, in accordance with paragraphs 3 and 4, apply for all payments for which the application has been made.
(6) If the Fund finds that the number of livestock unit (9) of ruminants kept by the applicant for the payment of the payment for ruminant farming on 31 July 2006 is lower than the number of livestock unit (9) of ruminants for which that applicant has requested payment,
(a) not more than 3% inclusive, the Fund shall grant to that applicant a payment for the number of livestock unit (9) of ruminants kept by that applicant on 31 July 2006 as established by the Fund;
(b) by more than 3% and up to and including 20%, the Fund shall grant to that applicant a payment under the Fund of the identified number of livestock unit (9) of ruminants kept by that applicant on 31 July 2006, less the amount of payment corresponding to twice the difference between the number of livestock unit (9) of ruminants found and the number of livestock unit (9) of ruminants for which the applicant has requested payment.
(7) Where the Fund finds that the number of livestock unit (9) of ruminants kept by the applicant for the payment of the payment for ruminant farming on 31 July 2006 is more than 20% lower than the number of livestock unit (9) of ruminants for which the applicant has applied for payment, the Fund will not grant payment for ruminant farming to that applicant.
(8) If the conditions for granting payments under this Regulation are met, the Fund shall pay the applicants the relevant payment during the period 1 December 2006 to 30 June 2007.
Efficacy
(1) This Regulation shall enter into force on 15 April 2006.
(2) Applications submitted pursuant to Government Regulation No 145 / 2005 Coll., laying down certain conditions for granting national additional payments to direct aid for 2005 which have not been completed before the date of expiry of this Regulation, shall be dealt with in accordance with the existing legislation.
Prime Minister:
Ing. Paroubek v. r.
Minister for Agriculture:
Ing. Mládek, CSc.
Příloha č. 1
Annex No. 1 to Government Decree No. 141 / 2006 Coll.
List of arable crops for arable crops payment
[Paragraph 1 (d)]
1. Durum wheat.
2. Other wheat and meslin.
3. Rye seedlings.
4. Barley.
5. Oats and other seeds.
6. Maize seed.
7. Sorc.
8. Common tenderloin, millet, mustard and other cereals.
9. Sugar maize.
10. Soja.
11. Oilseed rape, rape.
12. Sunflowers of the year.
13. Games, vetches.
14.
15. Sweet lupin.
16. Cannabis seed for fibre.
17. Flax oil.
18. Seeds of the species listed in Annex 2 to this Regulation.
Příloha č. 2
Annex No 2 to Government Regulation No 141 / 2006 Coll.
List of types of arable crops for arable crops payment
[Paragraph 1 (d)] 13)
| Kód KN | Název latinský | Název český |
|---|---|---|
| 1001 90 10 | Triticum spelta L. | pšenice špalda |
| ex 1204 00 10 | Linum usitatissimum L. | len setý |
| ex 1207 99 10 | Cannabis sativa L. | konopí seté |
| ex 1209 29 10 | Agrostis canina L. | psineček psí |
| ex 1209 29 10 | Agrostis gigantea Roth. | psineček veliký |
| ex 1209 29 10 | Agrostis stolonifera L. | psineček výběžkatý |
| ex 1209 29 10 | Agrostis capillaris L. | psineček tenký |
| ex 1209 29 80 | Arrhenatherum elatius (L.) | ovsík vyvýšený |
| ex 1209 29 10 | Dactylis glomerata L. | srha laločnatá |
| ex 1209 23 80 | Festuca arundinacea Schreb. | kostřava rákosovitá |
| ex 1209 23 80 | Festuca ovina L. | kostřava ovčí |
| 1209 23 11 | Festuca pratensis Huds. | kostřava luční |
| 1209 23 15 | Festuca rubra L. | kostřava červená |
| ex 1209 29 80 | Festulolium | festulolium |
| 1209 25 10 | Lolium multiflorum Lam. | jílek mnohokvětý |
| 1209 25 90 | Lolium perenne L. | jílek vytrvalý |
| ex 1209 29 80 | Lolium x boucheanum Kunth | jílek hybridní |
| ex 1209 29 80 | Phleum Bertolinii (DC) | bojínek cibulkatý |
| 1209 26 00 | Phleum pratense L. | bojínek luční |
| ex 1209 29 80 | Poa nemoralis L. | lipnice hájní |
| 1209 24 00 | Poa pratensis L. | lipnice luční |
| ex 1209 29 10 | Poa palustris et Poa trivialis L. | lipnice bahenní |
| ex 1209 29 80 | Medicago lupulina L. | tolice dětelová |
| ex 1209 21 00 | Medicago sativa L. | vojtěška setá |
| ex 1209 29 80 | Onobrychis viciifolia Scop. | vičenec |
| ex 1209 22 80 | Trifolium hybridum L. | jetel švédský (zvrhlý) |
| ex 1209 22 80 | Trifolium incarnatum L. | jetel nachový |
| 1209 22 10 | Trifolium pratense L. | jetel luční |
| ex 1209 22 80 | Trifolium repens L. | jetel plazivý |
| ex 1209 22 80 | Trifolium resupinatum L. | jetel perský (zvrácený) |
| ex 1209 29 10 | Vicia sativa L. | vikev setá |
| ex 1209 29 10 | Vicia villosa Roth. | vikev huňatá |
Příloha č. 3
Annex No 3 to Decree-Law No 141 / 2006 Coll.
List of crops grown on agricultural land and applicable during the calendar year to ensure feed for ruminant farming for the payment for ruminant farming
[Paragraph 8 (b)]
1. Grass and their mixtures.
2. Clover.
3.
4. Cereals harvested green including maize for green or silage.
5. Legume cereal mixtures harvested green or silage.
6. Legumes harvested green.
7. Groundnut plants harvested green.
8. Safflower.
9. Bird foot.
10. Feed beets.
11. Mangold.
12. Rocket sets.
13. Sunflower of the year harvested green.
14. Feeding groove.
15. Porcupine tie.
16.
17. Pumpkin.
18. Poison feed.
Nineteen.
20. Mixtures of crops listed under points 1 to 19 may be grown in a mixture.
Příloha č. 4
Annex No. 4 to Decree No. 141 / 2006 Coll.
Conversion factors to determine the number of livestock units 9) for the payment for ruminant farming
(Paragraph 9 (3))
Příloha č. 5
Annex No. 5 to Decree No. 141 / 2006 Coll.
Conditions for arable crops for arable crops payment
[Paragraph 13 (c)]
1. Oilseeds, oil flax and durum wheat shall not be harvested before 30 June 2006 unless they have previously reached full maturity.
2. Legumes must not be harvested before reaching a stage of full maturity.
3. For areas sown with a mixture of cereals and leguminous fodder, payment may be made where the area is sown with mainly leguminous fodder and individual species cannot be harvested separately.
4. Cereals shall not be harvested before the stage of lactic ripeness.
5. For hemp, the conditions laid down in Government Decree No. 144 / 2005 Coll., laying down certain conditions for granting the single area payment for the 2005 and 2006 calendar years shall apply.
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 1782 / 2003 of 29 September 2003 establishing common rules for direct support schemes under the common agricultural policy and establishing certain support schemes for farmers and amending Regulations (EEC) No 2019 / 93, (EC) No 1452 / 2001, (EC) No 1453 / 2001, (EC) No 1454 / 2001, (EC) No 1868 / 94, (EC) No 1251 / 1999, (EC) No 1254 / 1999, (EC) No 1673 / 2000, (EEC) No 2358 / 71 and (EC) No 2529 / 2001, as amended. Commission Regulation (EC) No 1973 / 2004 of 29 October 2004 laying down detailed rules for the application of Council Regulation (EC) No 1782 / 2003 as regards the support schemes provided for in Titles IV and IVa of this Regulation and the use of land set aside for the cultivation of raw materials, 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, as amended.
3) 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. and Act No. 441 / 2005 Coll.
4) Act No. 154 / 2000 Coll., on the breeding, breeding and registration of livestock and amending certain related laws (Breeding Act), as amended by Act No. 309 / 2002 Coll., Act No. 162 / 2003 Coll., Act No. 282 / 2003 Coll. and Act No. 444 / 2005 Coll.
5) Act No. 219 / 2003 Coll., on the circulation of seeds and propagating plants and amending certain laws (Act on the circulation of seed and seed), as amended by Act No. 444 / 2005 Coll. Decree No 175 / 2004 Coll., laying down the details of the marketing of seed and planting plants, as amended by Decree No 40 / 2005 Coll.
6) Government Decree 248 / 2004 Coll., on certain measures to implement the common organisation of the market in flax and hemp grown for fibre.
7) Article 143b (4) of Council Regulation (EC) No 1782 / 2003.
8) Commission Regulation (EC) No 796 / 2004, as amended. Council Regulation (EC) No 1786 / 2003 of 29 September 2003 on the common organisation of the market in dried fodder, as amended. Government Regulation No 204 / 2004 Coll., on the establishment of closer conditions for the implementation of the common organisation of the market in dried fodder, as amended by Government Regulation No 198 / 2005 Coll.
9) Article 131 of Council Regulation (EC) No 1782 / 2003.
10) § 5 of Act No. 219 / 2003 Coll.
11) Article 143c of Council Regulation (EC) No 1782 / 2003, as amended.
12) Government Decree No. 144 / 2005 Coll., laying down certain conditions for granting the single area payment for agricultural land for the calendar years 2005 and 2006.
13) Article 99 and Annex XI to Council Regulation (EC) No 1782 / 2003, as amended.
14) Article 112 of Council Regulation (EC) No 1782 / 2003, as amended.
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Regulation Information
| Citation | Government Regulation No. 141 / 2006 Coll., laying down certain conditions for granting national additional payments to direct aid for 2006 |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 14.04.2006 |
|---|---|
| Effective from | 15.04.2006 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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