Government Regulation No. 142 / 2014 Coll.
Government regulation on closer conditions for implementing measures of the common organisation of the markets in agricultural products in the field of wine-growing and wine-growing
Valid
Effective from 01.08.2014
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142
GOVERNMENT REGULATION
of 9 July 2014
laying down closer conditions for the implementation of measures of the common organisation of the markets in agricultural products in the field of wine-growing and wine-growing
The Government mandates pursuant to § 2b (2) of Act No. 252 / 1997 Coll., on Agriculture, as amended by Act No. 128 / 2003 Coll., Act No. 441 / 2005 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.:
Subject matter
This Regulation lays down detailed rules for implementing the measures of the common organisation of the market in wine under the Support Programme for wine-growing and wine-growing for the Czech Republic for the years 2014 to 2018, following the directly applicable rules of the European Union ("European Union Regulation ') 1.
Restructuring and conversion of vineyards
(1) An application for aid for restructuring and conversion of vineyards under European Union1) is submitted by growers (2) located in the Czech Republic to the State Agricultural Intervention Fund (3) (hereinafter referred to as "the Fund") on the form issued by it.
(2) Aid may be granted for the following measures:
(a) a change in the variety composition of the vineyard;
(b) the movement of the vineyard to the slope; or
(c) a technique to improve the management of vineyards.
(3) The applicant must not start implementing the measures referred to in paragraph 2, including grubbing-up of the vineyard, before 4 months after the application of the Fund or before the control carried out by the Fund in accordance with European Union4).
(4) Only the whole part of the soil block may be grubbed by the applicant.
(5) The applicant shall notify the Fund of the implementation of the measures on all parts of the soil blocks referred to in the application by 30 April of the fourth calendar year following the calendar year in which the application was submitted at the latest. For each application, the applicant shall submit only one notification of the implementation of the measure.
(6) In the case of the grant of the replanting right (5), for the period until 31 December 2015, the implementation of the measure shall also mean the fulfilment of the obligation to grubbing up the area of the vineyard by the end of the third year following the introduction of the new vineyard on which the replanting right was granted in advance. In the case of an authorisation for replanting before 18) from 1 January 2016, the implementation of the measure shall also mean the fulfilment of the obligation to grubbing up the area of the vineyard until the end of the fourth year following the registration of the vineyard under the Vineyard and Vineyard Act on which the replanting permit was granted.
(7) Aid for the measure referred to in paragraph 2 may be granted only if the part of the land block on which the measure is implemented is registered in the land use register according to user relations (hereinafter referred to as "the register ') to the applicant as a vineyard in accordance with the register of vinic6), no later than 30 April of the calendar year in which the notification of the implementation of the measure has been submitted in accordance with paragraph 5.
(8) The aid for the measure referred to in paragraph 2 shall be granted subject to compliance with the compulsory management requirements (7) and the good agricultural and environmental condition requirements set out in Annexes 2 and 4 to Government Regulation No 48 / 2017 Coll., laying down the requirements under the acts and standards of good agricultural and environmental status for the areas of cross compliance rules and the consequences of their infringement for the granting of certain agricultural aid.
(9) The Fund shall evaluate the aid applications for the measures referred to in paragraph 2 separately in relation to the measure in question; compliance is assessed for a single part of the soil block corresponding to one vineyard.
(10) For the restructuring and conversion of vineyards referred to in points (a) and (b) of paragraph 2 in the period from 1 January 2016, the applicant may use only the replanting permit (38) registered in the vineyard register and granted on the basis of grubbing-up of the vineyard before 5 September 20109) or granted after that date on the basis of grubbing-up of the vineyard carried out after the control of the Fund. For the restructuring and conversion of vineyards referred to in paragraph 2 (c) in the period from 1 January 2016, the applicant may use only the replanting permit (39) registered in the vineyard register and granted on the basis of grubbing-up of the vineyard carried out in the period from 1 January 2016 in the context of the application after the control of the Fund.
(11) Where the applicant uses an authorisation for replanting granted prior to the application for the restructuring and conversion of vineyards referred to in paragraph 2 (a) and (b) for the period from 1 January 2016, the Fund shall submit an application before the start of the implementation of the measures10). The applicant shall not commence the implementation of the measures less than 4 months after the application has been submitted or before the Fund has been checked on the soil block parts on which a new vineyard will be planted. Once the measure has been implemented, the applicant shall notify the Fund in accordance with paragraph 5.
(12) The notification of the implementation of the measure referred to in paragraph 5 shall be notified to the Fund by 30 April 2018 at the latest.
Change in the variety composition of the vineyard
(1) Aid for measures to modify the varietal structure of the vineyard is paid for the whole of the soil block (11), provided that:
(a) the restructured part of the vineyard from which the re-planting permit was granted has more than 50% of vine bushes over 15 years of age at the time of grubbing-up; in the case of vineyards newly acquired and registered by the applicant in the vineyard register, in the 12 months preceding the submission of the aid application, more than 50% of the vine shrubs over 10 years of age must be from the year of application; in the case of re-planting authorisations granted to applicants on the basis of a transfer from the replanting right registered in the vineyard register during the 12 months preceding the submission of the aid application, more than 50% of the vine shrubs over 10 years of age must be at the time of grubbing-up;
(b) the area planted or the sum of the area so restructured shall not fall below 0,2 hectares;
(c) the new vineyard is planted with a variety other than that from which the replanting permit originates; and
(d) planting shall be carried out by wine grape variety (12) registered in the Czech Republic or in another Member State of the European Union at a number of shrubs of at least 3 000 pieces per ha planted area of the vineyard.
(2) In the application referred to in Article 2 (1), the grower shall indicate:
(a) the number of the part of the soil block from which the re-planting permit will be used in the application after grubbing-up of the vineyard or the part of the soil block to be grubbed up following the grant of the re-planting permit before 38);
(b) the area planted with the grubbed-up vineyard registered in the register;
(c) grubbed varieties,
(d) the way in which the grubbed-up vineyard is grown;
(e) the number of the part of the soil block on which the new vineyard will be planted; and
(f) the area planted in the vineyard after the planting of the new vineyard.
(3) Where a grower places a new vineyard on a part other than the grubbed-up part of the soil block referred to in paragraph 2 (a) and that part of the soil block is registered as a vineyard on the date on which the application is made, the grower shall indicate in the application the area planted, the varieties grown and the cultivation method.
(4) In the application referred to in Article 2 (11), the grower shall indicate:
(a) the permit identification number for replanting registered in the vineyard register and granted on the basis of grubbing-up of the vineyard before 5 September 2010 or the permit identification number for replanting from the vineyard checked by the Fondem4) before grubbing-up of the vineyard; and
(b) the number of the part of the soil block on which the new vineyard will be planted.
(5) Where the grower places a new vineyard on the part of the soil block referred to in paragraph 4 (b), which is registered as a vineyard on the date on which the application is submitted, the grower shall indicate in the application the area planted in the register, the varieties grown and the method of cultivation.
(6) Where an application is submitted using the procedure laid down in Article 2 (3) in combination with Article 2 (11), the grower shall enter in the application the information referred to in paragraph 2 and paragraph 4.
(7) In the notification of the implementation of the measure, the applicant shall indicate for the part of the soil block referred to in paragraph 2 (e) or paragraph 4 (b):
(a) the area planted with the newly planted vineyard;
(b) the varietal composition of the newly planted vineyard;
(c) the method of growing the newly planted vineyard; and
(d) the number of vines per ha of planted area.
Move the vineyard to the slope
(1) Aid for measures to move the vineyard to the slopes shall be paid for the whole of the soil block (11), provided that:
(a) the restructured vineyard, or part thereof, from which the re-planting permit is granted, has more than 50% of vines over 10 years of age at the time of grubbing-up; in the case of vineyards newly acquired and registered by the applicant in the vineyard register, in the 12 months preceding the submission of the aid application, more than 50% of the vine shrubs older than 5 years of age shall be at the year of application; in the case of re-planting authorisations granted to applicants on the basis of a transfer from the replanting right registered in the vineyard register during the 12 months preceding the submission of the aid application, more than 50% of the vine shrubs older than 5 years of age at the time of grubbing-up,
(b) the area planted or the sum of the area so restructured shall not fall below 0,2 hectares;
(c) has an average inclination greater than or equal to 12,5 degrees;
(d) planting shall be carried out by wine grape variety (12) registered in the Czech Republic or in another Member State of the European Union at a number of shrubs of at least 2,500 pieces per ha planted area of the vineyard; and
(e) planting shall not be carried out on the same part of the soil block from which the re-planting permit originates.
(2) In the application referred to in Article 2 (1), the grower shall indicate:
(a) the number of the part of the soil block from which the re-planting permit will be used in the application after grubbing up, or the part of the soil block to be grubbed up following the grant of the re-planting permit before 39);
(b) the area planted with the grubbed-up vineyard registered in the register or part thereof;
(c) grubbed varieties,
(d) the way in which the grubbed-up vineyard is grown;
(e) the number of the part of the soil block to which the vineyard will be moved; and
(f) the area planted in the vineyard after the planting of the moved vineyard.
(3) Where the part of the soil block referred to in paragraph 2 (e) is registered as a vineyard on the date on which the application is submitted, the grower shall indicate in the application the area planted with the area registered in the register, the varieties grown and the cultivation method.
(4) In the application referred to in Article 2 (11), the grower shall indicate:
(a) the permit identification number for replanting registered in the vineyard register and granted on the basis of grubbing-up of the vineyard before 5 September 2010 or the permit identification number for replanting from the vineyard checked by the Fondem4) before grubbing-up of the vineyard; and
(b) the number of the part of the soil block on which the new vineyard will be planted.
(5) Where the grower places a new vineyard on the part of the soil block referred to in paragraph 4 (b), which is registered as a vineyard on the date on which the application is submitted, the grower shall indicate in the application the area planted in the register, the varieties grown and the method of cultivation.
(6) Where an application is submitted using the procedure laid down in Article 2 (3) in combination with Article 2 (11), the grower shall enter in the application the information referred to in paragraph 2 and paragraph 4.
(7) In the notification of the implementation of the measure, the applicant shall indicate for the part of the soil block referred to in paragraph 2 (e) or paragraph 4 (b):
(a) the area planted with the newly planted vineyard;
(b) the varietal composition of the newly planted vineyard;
(c) the method of growing the newly planted vineyard; and
(d) the number of vines per ha of planted area.
Technique improving the management of vineyards
(1) Aid for measures to improve the management of vineyards is paid for the whole of the soil block (11) if:
(a) in the case of new plantings, the restructured vineyard has more than 50% of vine bushes over 10 years of age at the time of grubbing up; in the case of the holding, the restructured vineyard has more than 50% of vine shrubs over 10 years of age for the year of application; in the case of vines newly acquired, registered by the applicant in the vineyard register within 12 months prior to the submission of the aid application, more than 50% of the vine shrubs older than 5 years of age must be at the year of application,
(b) the area planted or the sum of the area so restructured shall not fall below 0,2 hectares;
(c) the planting or disposal is carried out by a wine grape variety (12) registered in the Czech Republic or in another Member State of the European Union with a number of shrubs of at least 3 572 pieces per ha planted area of the vineyard; and
(d) by planting or planting, the number of shrubs per hectare of planted area shall be increased by at least 1 000 head above the original number of shrubs per hectare of vineyard area; planting or planting shall be carried out by planting or planting whole whole whole rows of the whole length of the restructured vineyard.
(2) In the application referred to in Article 2 (1), the grower shall indicate:
(a) the number of the part of the soil block from which the re-planting permit will be used after grubbing-up of the vineyard, or the part of the soil block to be grubbed up on the basis of the re-planting permit before 38);
(b) the area planted with the grubbed-up vineyard registered in the register or part thereof;
(c) the list of varieties to be grubbed up;
(d) the way in which the grubbed-up vineyard is grown;
(e) the number of the part of the soil block on which a new vineyard will be planted or planted;
(f) the area of the total planted area of the vineyard after the planting or setting of the vineyard; and
(g) an indication of whether the plant or plant is concerned.
(3) Where a grower places a new vineyard on a non-grubbed-up piece of the soil block referred to in paragraph 2 (a) and that part of the soil block is registered as a vineyard on the date on which the application is submitted, the grower shall indicate in the application the area planted, the variety and the cultivation method.
(4) In the notification of the implementation of the measure, the applicant for the part of the soil block referred to in paragraph 2 (a) (ii) (ii) (iii) (iv) (iv) (iv) (iv) (v) (v) (v) (v) (v) (v) (v) (v) (v) (v) (v) (v) (v) (v) (v) (v) (v) (v) (v) (v) (v) (v) (v) (e) indicate:
(a) the area of the total planted area of the newly planted vineyard or planted vineyard;
(b) the varietal composition of the newly planted vineyard or the varietal composition of the planted bushes on the vineyard;
(c) the method of cultivation of the newly planted or planted vineyard; and
(d) the number of vines per hectare of planted area after planting or planting of the vineyard.
Investments
(1) The application for investment aid under European Union13) will be submitted by the producer (14), based in the Czech Republic of the Fund, on the form issued by it by 31 August of the calendar year.
(2) Aid applications may be submitted for the following new investments:
(a) a wooden barrel or a closed wooden container for the production of wine of at least 600 litres;
(b) a special fermentation vessel with active dipping of a marc hat for the production of red wines; or
(c) a cross-flow filter for wine in which the wine is brought to the membrane tangential and a certain volume of wine passes through the membrane as a filter and the remaining wine continues along the membrane with filtered impurities.
(3) The applicant shall indicate in the application:
(a) a description of the equipment acquired pursuant to paragraph 2 and its contribution to improving the performance of the enterprise (13);
(b) in the case of replacement, a description of the original equipment, including technical parameters;
(c) in the case of replacement, the place where the original installation is located;
(d) the place where the aid is requested,
(e) details of micro, small and medium-sized enterprise (15); and
(f) the amount of estimated costs for the acquisition of equipment referred to in paragraph 241).
(4) The applicant must make the investment at the earliest after the application referred to in paragraph 110) and deliver to the Fund proof of payment by 31 January of the calendar year following the application.
(5) The replacement of the original installation can only be started after the verification of the status of the original installation has been carried out.
(6) The Fund assesses the individual investments separately.
(7) The aid application referred to in paragraph 1 shall be notified to the Fund by 31 August 2017 at the latest.
Amount of aid
(1) Aid not exceeding 75% of the actual costs of restructuring and conversion of vineyards under European Union16) in less developed region17)
(a) the change in the variety composition of the vineyard shall be:
1. CZK 325 000 per ha planted area of the vineyard in case the number of vines exceeds or is equal to 3 000 pieces per ha planted area of the vineyard,
2. 375 000 CZK per ha planted area of the vineyard in case the number of vines exceeds 4 000 pieces per ha planted area of the vineyard,
3. CZK 425 000 per ha planted area of the vineyard in case the number of vines exceeds 5 000 pieces per ha planted area of the vineyard, or
4. 475 000 CZK per ha planted area of the vineyard in case the number of vines exceeds 6 000 pieces per ha planted area of the vineyard,
(b) the movement of the vineyard to the slope shall be:
1. CZK 335 000 per ha planted area of the vineyard in case the number of vines exceeds or is equal to 2,500 head per ha planted area of the vineyard,
2. 360 000 CZK per ha planted area of the vineyard in case the number of vines exceeds 3 000 pieces per ha planted area of the vineyard,
3. CZK 410 000 per ha planted area of the vineyard in case the number of vines exceeds 4 000 pieces per ha planted area of the vineyard,
4. CZK 460 000 per ha planted area of the vineyard in case the number of vines exceeds 5 000 pieces per ha planted area of the vineyard, or
5. 510 000 CZK per ha planted area of the vineyard in case the number of vines exceeds 6 000 pieces per ha planted area of the vineyard,
(c) technique improving the management of vineyards by planting
1. CZK 325 000 per ha planted area of the vineyard in case the number of vines exceeds or is equal to 3,572 head per ha planted area of the vineyard,
2. 400 000 CZK per ha planted area of the vineyard in case the number of vines exceeds 4,500 head per ha planted area of the vineyard,
3. 450 000 CZK per ha planted area of the vineyard in case the number of vines exceeds 5,500 head per ha planted area of the vineyard, or
4. 500 000 CZK per ha planted area of the vineyard in case the number of vines exceeds 6,500 head per ha planted area of the vineyard,
(d) a technique to improve the management of vineyards through the establishment of:
1. 162 500 CZK per ha planted area of the vineyard in the event that the number of grapevine shrubs reached exceeds or is equal to 1 000 pieces per ha planted area of the vineyard,
2. 200 000 CZK per ha of planted area of the vineyard in case the number of grapevine shrubs reached exceeds 2 000 pieces per ha of planted area of the vineyard,
3. 225 000 CZK per ha planted area of the vineyard in case the number of grapevine shrubs reached exceeds 3 000 pieces per ha planted area of the vineyard, or
4. 250 000 CZK per ha planted area of the vineyard in case the number of grapevine shrubs reached exceeds 4 000 pieces per ha planted area of the vineyard.
(2) Where the applicant has grubbed up his own vineyard or vineyard and has used the re-planting permit for a new restructured vineyard in accordance with § 3, 4 or 4a, where the aid rate is mentioned in paragraph 1 and has not used the re-planting permit before 18) pursuant to § 2 (6), the rate shall be increased by CZK 120 000 per hectare per planted area of the vineyard to compensate for the loss of income.
(3) Where the applicant has submitted an application pursuant to Paragraph 2 (11) and has used the replanting permit (39) granted prior to the application, the rate increased in accordance with paragraph 210 shall not be applicable. The increased rate referred to in paragraph 2 shall also not apply to the applicant who has used the replanting permit before 18).
(4) The rates for the measures referred to in paragraph 1 (a) to (c) cannot be added; the measures provided for in Sections 3, 4 and 4a cannot be combined. For the measure referred to in § 4a, a new planting and the holding of vineyards may not be combined on one part of the soil block.
(5) The aid of 50% of the restructuring and conversion costs actually incurred under the European Union Regulation (16) in non-less developed regions17 is fixed at two thirds of the aid referred to in paragraph 1.
(6) The aid for investments provided for in Section 5 amounts to a maximum of 50% of eligible expenditure but also to a maximum of CZK 2 million under the European Union13) in less developed region17) or 40% of eligible expenditure and a maximum of CZK 2 million in other than less developed region17).
(7) The annual amount referred to in the Support Programme in winemaking and winemaking for the Czech Republic for the financial year 19 shall be used for the payment of the aid provided for in Sections 3, 4 and 4a.) for the restructuring and conversion of vineyards. The Fund shall reduce the aid referred to in paragraphs 3, 4 and 4a proportionately if the sum of all the entitlements of aid applications referred to in Article 3, 4 and 4a for a given financial year (19), including preferential entitlements from growers' applications concerning preferred vineyards listed in Annex 2 and the entitlements of young winegrowers referred to in paragraph 9, exceeds the amount of the appropriations allocated to the budget of the European Union.
(8) To pay the aid referred to in paragraph 7 for the growers' applications for areas of the preferred vineyards listed in Annex 2, the Fund shall add an amount of CZK 50 000 per hectare of planted area of the vineyard. The maximum aid shall not exceed the rates referred to in paragraph 1 for growers' applications for areas of preferred vineyards listed in Annex 2.
(9) To pay the aid referred to in paragraph 7 to young wine-growing farmers, the Fund shall add an amount of CZK 30 000 per hectare of planted area. The maximum aid shall not exceed the rates referred to in paragraph 1.
(10) The annual amount referred to in the Support Programme for the Czech Republic for the financial year 19 shall apply to the payment of the aid referred to in Article 5. The Fund shall reduce the aid provided for in Article 5 proportionately if the sum of all the aid applications referred to in Article 5 for a given financial year (19), including the preferential entitlements of young winegrowers referred to in paragraph 11, exceeds the amount of the appropriations allocated to the budget of the European Union.
(11) In order to pay the aid referred to in paragraph 10 to young winegrowers, the Fund shall add 5% of the total amount of the aid calculated referred to in paragraph 10 without applying a preference. The maximum aid to young winegrowers may not exceed the rates referred to in paragraph 6.
(12) If, after the payment of the aid provided for in Article 3, 4, 4a or 5, outstanding funds are available, the Fund shall make a proportional payment to applicants for aid paid up to the eligible amount of aid.
(13) Aid applications pursuant to paragraphs 3, 4, 4a or 5 which have not been final by 30 September of the financial year shall be paid on the same terms and conditions for payment as other support for the same financial year but from the funds allocated to the Czech Republic for the financial year.
Young winemaker and young winemaker
(1) The young winemaker is an applicant in accordance with Article 2 (1), who first obtained his first vineyard or first replanting rights or re-planting permits registered in the vineyard register in the 12 months preceding the submission of an aid application under Article 3, 4 or 4a, and at the same time did not reach the age of 40 on the date of submission of the aid application under Article 3, 4 or 4a.
(2) The young winemaker is the applicant referred to in Article 5 (1), who first submitted to the vineyard register a notification of the start of wine production 12 months before the application for the aid referred to in Article 5, and at the same time did not reach the age of 40 on the date of submission of the aid application referred to in Article 5.
(3) In the case of a commercial corporation, the condition of under-age 40 must be met by the natural person exercising effective and long-term control over the commercial corporation as regards the management, profits and financial risks decisions. Such a person shall in particular be understood as a majority social20) or more natural persons who fulfil the condition of not reaching the age of 40 years holding together a majority share of the voting rights resulting from participation in a commercial corporation.
(4) Where another commercial corporation with its registered office in the Czech Republic has sole or joint control over a commercial corporation ("controlling commercial corporation '), the conditions set out in paragraph 3 shall apply to all natural persons who control that controlling commercial corporation. Where the controlling corporations do not have members who are natural persons fulfilling the conditions set out in paragraph 3, the preferences referred to in Article 6 (9) or (11) shall not be added.
(5) The facts referred to in paragraphs 3 and 4 are demonstrated by the applicant on the date of submission of the application.
Provision of data
(1) The person established by the European Union Regulation laying down detailed rules for the implementation of cross-compliance, modulation and integrated administration and control systems under direct support schemes for farmers and as regards cross-compliance under the direct support scheme for the wine sector (21) shall deliver to the Fund by 15 May of the calendar year at the latest on the form issued by him a single application, which, in addition to the formalities laid down by the European Union Regulation (22), includes the indication of all areas in accordance with European Union23) and the method of its use.
(2) An integral part of the single application form shall be a sketch of all the areas used as referred to in paragraph 1 in the soil block parts map of a scale of 1: 10 000 or more.
Reduction or exclusion of aid
(1) If the Fund finds that the grower has not identified all the area in accordance with European Union25 in the single application form (24) in accordance with Section 8), and the difference between the total area in the single application form and the total total area in the single application form and the single application form not declared is:
(a) more than 3% but less than or equal to 4% of the area covered by the single application form, reduce the support 25) pursuant to § 3, 4 or 4a to which the single application form is subject by 1% 26),
(b) more than 4% but less than or equal to 5% of the area indicated in the single application form, reduce the support 25) pursuant to § 3, 4 or 4a to which the single application form is subject by 2% 26); or
(c) higher than 5%, reducing the support 25) pursuant to § 3, 4 or 4a, to which the single application form is required, by 3% 26).
(2) Where aid applicant
(a) in accordance with Article 3, 4 or 4a, which is obliged to lodge a harvest, production or stock declaration (27), in any calendar year from the date of application to the notification of implementation of the measure, the Fund shall reduce the aid provided for in Article 3, 4 or 4a by 1% for each working day of exceeding the date of submission of the declaration in each year;
(b) in accordance with Article 3, 4 or 4a, in any year from the date of application to the date of notification of implementation of the measure, the date set for the submission of any of the declarations referred to in (a) by more than 10 working days shall not be eligible for aid; or
(c) in accordance with Article 5, which is obliged to lodge a harvest, production or stocks declaration (27), exceeds the deadline set for its submission or its submission, the Fund shall reduce the aid provided for in Article 5 by 1% for each working day of exceeding the deadline for the declaration (28).
(3) Where the aid applicant referred to in Article 5, who is obliged to lodge a harvest, production or stock declaration, indicates in any declaration incomplete or inaccurate information which is relevant for the correct application of the measure, the Fund shall reduce the aid referred to in Article 5 by 1% 29).
(4) The obstacle to reducing aid or excluding entitlement to aid in cases of force majeure or exceptional circumstances provided for in the European Union30 Regulation shall also apply to the procedure referred to in paragraph 2 (a) and (b).
(5) The aid shall not be granted for the relevant part of the part of the land block, provided that the Fund ascertains the infringement provided for in Article 2 (3) does not commence grubbing-up of the vineyard more than 4 months after the application of the Fund or before the control carried out by the Fund.
(6) The aid shall not be granted for the part of the soil block if the Fund ascertains a breach of the condition provided for in Article 2 (3) or Article 2 (11) does not initiate the implementation of the measures earlier than 4 months after the application of the Fund or before the control carried out by the Fund.
(7) If the Fund finds a breach of the condition laid down in Articles 3 (1) (a), 3 (1) (c), 4 (1) (a) or 4a (1) (a) for one of the replanting permits, it will grant the applicant aid for the part of the land block for which the condition has been met.
(8) With the exception of Section 10, the Fund shall not grant aid for the relevant part of the part of the land block if the applicant uses a replanting permit other than that entered in the application under Sections 3 (2) (a), 3 (4) (a), 4 (2) (a), 4 (4) (4) (a) or 4 (2) (a).
(9) If the applicant does not deliver pursuant to § 2 (5) The Fund shall notify the Commission of the implementation of the measures on all parts of the soil blocks referred to in the application, and the Fund shall provide the applicant with the support provided for in the notification of the implementation of the measure, subject to compliance with the conditions for the land blocks.
(10) The aid shall not be granted for the part of the soil block if the Fund finds that the applicant for the restructuring and conversion of vineyards has used both the replanting and the new planting permits in force.
(11) The provisions of paragraphs 1 to 10 are without prejudice to the provisions on reductions and exclusions laid down in the European Union Regulation (1).
Amendments to the application
(1) Except in cases of force majeure and exceptional circumstances (31), following an inspection carried out by the Fund in accordance with European Union3), the application does not allow the addition of a part of the soil block or, where appropriate, the modification of a part of the soil block,
(a) from which, after grubbing-up of the vineyard, the replanting permit under the measure referred to in Article 2 (2) will be used; or
(b) on which a new vineyard will be planted under the measure referred to in Article 2 (2); this shall not apply in the case of transfer of replanting rights by 31 December 2015 pursuant to Article 11.
(2) The amendment of the data on re-planting authorisations referred to in the application referred to in Article 3 (4) (a) or Article 4 (4) (a) may be made by the applicant at the latest with the notification referred to in Article 2 (5).
Notification of the transfer of a business establishment
(1) In the case of a transfer of a commercial plant at the time of the start of the procedure for an aid application pursuant to Article 2 or the duration of the fulfilment of cross-compliance conditions under European Union rules, the transferee shall notify the Fund of this fact by service of the notification of the transfer of a commercial plant using a form issued by the Fund, no later than 30 calendar days from the date of registration of land block parts in the register of the transferee.
(2) In the case of a transfer of a commercial establishment at the time of the start of the procedure for an aid application pursuant to Article 5 or at the time of the fulfilment of the condition under the European Union40), the transferee shall notify the Fund of this fact by delivering a notification of the transfer of a business establishment using a form issued by the Fund, no later than 30 calendar days from the date of application of the contract for the transfer of the business establishment.
(3) The acquirer to whom the rights and obligations have been transferred as a result of the transfer of a business establishment following the granting of the aid to a transferor pursuant to § 2 or 5 must undertake, in the notification of the transfer of a business establishment, to comply with the conditions of the aid which the transferor has undertaken to comply with.
Use of a pre-granted replanting right
If the applicant makes use of a pre-granted replanting right under European Union33) or a pre-granted replanting permit 38), he shall lodge with the Fund a security of CZK 150,000 per hectare of newly planted vineyards. The security shall be refunded to the applicant after the conditions laid down in European Union33 have been met.
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Regulation Information
| Citation | Government Regulation No. 142 / 2014 Coll., laying down closer conditions for the implementation of measures of the common organisation of the markets in agricultural products in the field of wine-growing and wine-growing |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 23.07.2014 |
|---|---|
| Effective from | 01.08.2014 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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