Government Decree No. 144 / 2006 Coll.
Government Regulation amending Government Regulation No. 144 / 2005 Coll., laying down certain conditions for granting single area payment for agricultural land for calendar years 2005 and 2006
Valid
Effective from 15.04.2006
144
GOVERNMENT REGULATION
of 29 March 2006
amending Government Regulation No 144 / 2005 Coll., laying down certain conditions for granting 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. 128 / 2003 Coll. and Act No. 441 / 2005 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 No. 482 / 2004 Coll. and Act No. 441 / 2005 Coll., Act No. 41 / 2004 Coll., Act No. 85 / 2004 Coll., Act No. 237 / 2004 Coll., Act No. 482 / 2004 Coll.:
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, is amended as follows:
1. Paragraph 3 (1) reads as follows:
"(1) The application shall contain, in addition to the particulars laid down directly by the applicable regulation of the European Communities (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 kept on the applicant's record, as appropriate. "
2. In Article 3 (2) and (3), the word 'or' is replaced by 'or, where appropriate'.
3. in Article 4 (1) (b) and (c), the words "to the applicant" shall be inserted after the words "kept in the register."
4. Paragraph 4 (4) reads as follows:
"(4) The Fund shall make the payment in full unless the fact leading to a reduction or, where appropriate, a failure to grant payment under the directly applicable Regulation of the European Communities (2) or, where appropriate, in accordance with Paragraph 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. ';
5. Paragraph 4 (5), including footnotes 11 and 12, is deleted.
6. Paragraph 5, including the title and footnotes Nos 11 to 14, reads:
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).
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. '
Transitional provision
Applications submitted by applicants under existing legislation shall be assessed in accordance with existing legislation.
Efficacy
This Regulation shall enter into force on 15 April 2006.
Prime Minister:
Ing. Paroubek v. r.
Minister for Agriculture:
Ing. Mládek, CSc.
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Regulation Information
| Citation | Government Regulation No 144 / 2006 Coll., amending Government Regulation No 144 / 2005 Coll., laying down certain conditions for granting single area payment for agricultural land for calendar years 2005 and 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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