Government Decree No. 144 / 2005 Coll.
Government regulation on certain conditions for granting single agricultural area payment for calendar years 2005 and 2006
Valid
Regulation
Effective from 20.04.2005
144
GOVERNMENT REGULATION
of 13 April 2005
laying down certain conditions for the granting of single agricultural area payment for the calendar years 2005 and 2006
The Government mandates pursuant to § 2b (2) of Act No. 252 / 1997 Coll., on Agriculture, as amended by Act No. 85 / 2004 Coll., (hereinafter referred to as "the Act ') and to implement 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. 128 / 2003 Coll., Act No. 41 / 2004 Coll., Act No. 85 / 2004 Coll., Act No. 237 / 2004 Coll.
Subject matter
This Regulation (1) provides for certain conditions for granting single area payment for agricultural soils (hereinafter referred to as "payment ') for the calendar years 2005 and 2006, following the directly applicable regulation of the European Community2.
Applicant for payment
The natural or legal person managing the agricultural land kept in its name in the register of use of agricultural land according to user relations (Sections 3a and 3b of the Act) (hereinafter referred to as "the register '), which shall submit to the State Agricultural Intervention Fund (hereinafter referred to as" the Fund'), on the form issued by it, an application for payment (hereinafter referred to as "the application '), shall be the applicant for payment under this Regulation (hereinafter referred to as" the applicant').
Request
(1) The application contains, in addition to the formalities laid down directly by the applicable European CommunityRegulation (4).
(a) the list and area of all soil blocks (Section 3a (3) of the Act), or parts of soil blocks (Section 3a (4) of the Act) of agricultural soils kept in the register for applicants (4);
(b) the indication and use made (5) of all the soil blocks or parts of soil blocks referred to in (a) to which the application is submitted and to which the applicant submits the application;
(c) a declaration by the applicant that it undertakes to comply with good agricultural and environmental conditions (Section 4 (3)) throughout the calendar year on all soil blocks or parts of soil blocks recorded on the applicant.
(2) An integral part of the application shall be to encapsulate the soil blocks or parts of soil blocks referred to in paragraph 1 (a) in the soil block map or soil block parts, if any, on the scale of 1: 10 000 or more detailed.
(3) Where the applicant grows hemp on one of the soil blocks or, where appropriate, on one of the parts of the soil blocks referred to in the application, he shall add to the application a certificate of certification 6) for the certification of hemp seed; the applicant shall also attach to the application a declaration by which it undertakes to notify the Fund without delay of the start of the flowering of hemp on one of the soil blocks or, where appropriate, on one of the parts of the soil blocks referred to in the application.
(4) The applicant submits an application to the Fund by 15 May of the relevant calendar year.
Conditions for payment
(1) The Fund shall grant the applicant a payment for agricultural land which is:
(a) kept in the register and meeting the conditions for payment under the directly applicable regulation of the European Communities (7);
(b) kept in the applicant's register at least and continuously from 1 May to 31 August of the calendar year concerned;
(c) the applicant shall be farmed on an agricultural basis in the relevant calendar year as long as it is kept in the register of the applicant referred to in point (a).
(2) The minimum area (8) eligible for payment is at least 1 hectare of agricultural land, according to the data kept in the register.
(3) Good agricultural and environmental condition9) means for the purposes of this Regulation:
(a) the non-interference of the landscape elements, in particular the boundaries, terraces, windmills, grated valleys, field paths using natural ties and respecting pegs, where appropriate accompanied by ditches and watercourses and bodies of surface water;
(b) the exclusion of the cultivation of maize, potatoes, beet, beet, soya and sunflower on soil blocks or parts of soil blocks, where appropriate, with an average moisture content exceeding 12 degrees;
(c) the introduction of manure in liquid form into the soil no later than 24 hours after application on soil blocks or parts of soil blocks, excluding grassland, whose average moisture content exceeds 3 degrees unless such application excludes specific legislation10);
(d) excluding the conversion of grassland to arable land on cultivated land blocks, or on soil block works (§ 3 (5) (b) of the Act),
(e) the non-burning of vegetable residues on the soil blocks, or on the soil blocks, or after harvesting of cereals, oilseeds or legumes, as the case may be, which have been grown on those soil blocks or those soil blocks.
(4) The Fund shall make the payment in full, unless the fact giving rise to a reduction or non-payment under the directly applicable regulation of the European Communities (2) or, where appropriate, in accordance with Article 5, and the applicant fulfils the conditions laid down in paragraphs 1 and 2 and complies with the good agricultural and environmental conditions referred to in paragraph 3 throughout the calendar year.
Reduction or non-payment
(1) If the Fund finds that the applicant has not indicated in the application the area of all the soil blocks or parts of soil blocks recorded in the applicant's register, and the difference between the total area of all the soil blocks or parts of soil blocks recorded in the applicant's register on the date on which the application was submitted and the total area of the soil blocks or, where applicable, of the soil blocks indicated in the application is:
(a) higher than 3% but less than or equal to 4% of the area indicated in the application, reduce the payment by 1%;
(b) higher than 4% but less than or equal to 5% of the area indicated in the application, reduce the payment by 2%;
(c) above 5%, reduce the payment by 3%.
(2) If the Fund finds that the applicant has infringed negligence (11) one of the conditions referred to in Article 4 (3) on the area of agricultural land which is:
(a) less than or equal to 3% of the total area of all soil blocks or parts of soil blocks recorded in the applicant's register, reduce the payment by 3%;
(b) higher than 3% and less than or equal to 30% of the total area of all soil blocks or parts of soil blocks recorded in the applicant's register, reduce the payment by 4%;
(c) above 30% of the total area of all soil blocks or parts of soil blocks recorded in the applicant's register shall be reduced by 5%.
(3) If the Fund finds that the applicant has intentionally infringed (12) one of the conditions referred to in Article 4 (3) on the area of agricultural land which is:
(a) less than or equal to 3% of the total area of all soil blocks or parts of soil blocks recorded in the applicant's register, shall reduce the payment by 20%;
(b) higher than 3% and less than or equal to 30% of the total area of all soil blocks or parts of soil blocks recorded in the applicant's register, shall reduce the payment by 50%;
(c) more than 30% of the total area of all the soil blocks or parts of soil blocks recorded in the applicant's register shall reject the application for aid.
(4) The Fund may reduce the applicant's other direct aid payment (13) to be granted by the Fund, where the applicant for payment under this Regulation has provided false or incomplete information in the application and the payment has been made to him following such request).
(5) In case the Fund provides the applicant with a payment for which the applicant was not entitled and the amount does not exceed CZK 2,500, the applicant is not obliged to refund the amount (14).
Efficacy
This Regulation shall enter into force on 20 April 2005.
Prime Minister:
JUDr. Gross v. r.
Minister for Agriculture:
Ing. Palas v. r.
1) It is issued for implementation and within the limits of the law, the content of which makes it possible to make an adjustment following the provisions directly applicable to 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 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 crops. 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.
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.
4) Article 12 of Commission Regulation (EC) No 796 / 2004.
5) Article 14 of Commission Regulation (EC) No 796 / 2004.
6) Paragraph 4 (9) of Act No. 219 / 2003 Coll., on the circulation of seeds and propagating plants and amending certain laws (Law on the circulation of seeds and seed).
7) Article 143b (4) of Council Regulation (EC) No 1782 / 2003.
8) Article 143b (5) of Council Regulation (EC) No 1782 / 2003.
9) Article 5 (1) of Council Regulation (EC) No 1782 / 2003.
10) Act No. 254 / 2001 Coll., on waters and on the amendment of certain laws (Water Act), as amended. Section 7 of Government Decree No. 103 / 2003 Coll., on the determination of vulnerable areas and on the use and storage of fertilisers and manure, crop rotation and the implementation of anti-erosion measures in these areas.
11) Article 66 of Commission Regulation (EC) No 796 / 2004, as amended.
12) Article 67 of Commission Regulation (EC) No 796 / 2004.
13) Article 73 (2) of Commission Regulation (EC) No 796 / 2004.
14) Article 73 (8) of Commission Regulation (EC) No 796 / 2004.
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Regulation Information
| Citation | Government Regulation No 144 / 2005 Coll., laying down certain conditions for granting the single area payment for agricultural land for the calendar years 2005 and 2006 |
|---|---|
| Regulation Type | Regulation |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 19.04.2005 |
|---|---|
| Effective from | 20.04.2005 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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