Decree No. 145 / 2005 Coll.
Government regulation on certain conditions for granting national additional payments to direct aid for 2005
Valid
Regulation
Effective from 19.04.2005
Text versions:
19.04.2005
145
GOVERNMENT REGULATION
of 13 April 2005
laying down certain conditions for the granting of national additional payments to direct aid for 2005
The Government orders 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 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.:
Subject matter
This Regulation (1) regulates certain conditions for the granting of national additional payments ("payment ') to direct aid for 2005 by the State Agricultural Intervention Fund (" the Fund') as a subsidy to the results of sector management, following the directly applicable rules of the European Community2 (hereinafter "the European Communities').
(a) growing flax on fibre on agricultural land held in the register of use of agricultural land according to user relations (hereinafter referred to as "the register") (Sections 3a to 3i of the Act) as a type of agricultural culture arable land;
(b) the cultivation of hops on agricultural land kept in the register as a type of agricultural culture of hops (Section 3i 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 of the crops listed in Annex 1 to this Regulation into the type of agricultural crop arable land (Section 3i of the Act) kept in the register (Sections 3a to 3h of the Act).
Payment for flax growing on fibre
The applicant for payment for fibre flax shall be the natural or legal person managing the agricultural land on which it is registered and whose fibre is grown for 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 2005.
(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) of the applicant for the payment of flax per fibre sown by the applicant for the payment of flax per fibre, including their area and their encapsulated on the soil block map, or parts of soil blocks of a scale of 1: 10 000 or more;
(b) a declaration with an officially certified signature of the applicant on a form issued by the Fund for the use of the recognised ossiva5) of the varieties referred to in the Regulation of the European Communities (6), supported by a tax document on the purchase of the recognised ossifia5) or an officially certified copy thereof, or an official certified copy thereof, or, where appropriate, an ISTA certificate for seeds from third countries (5) or an officially certified copy thereof,
(c) the contract of the applicant for the payment of flax for fibre cultivation or an officially certified copy of the flax straw disposal contract concluded with the first processor approved by the Fund under the special legislature7).
The Fund shall provide the applicant with a payment for fibre flax grown on agricultural land:
(a) kept in the register against the applicant;
(b) recorded as eligible for payment (8);
(c) farmed by the applicant for at least 1 May 2005 to 31 August 2005 and grown on fibre.
Payment for hop cultivation
The applicant for payment for the cultivation of hops shall be the natural or legal person managing the agricultural land which is recorded as a type of agricultural crop of hops (Section 3i of the Law) on the area of at least 1 ha.
(1) The application for payment for the cultivation of hops shall be submitted to the Fund on the form issued by it by 15 May 2005.
(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 a type of agricultural crop of hops (section 3i of the Act), including their areas and drawings in the soil block map, or parts of soil blocks of 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) the register shall be kept on the applicant as a type of agricultural culture of hops (Section 3i of the Act);
(b) recorded as eligible for payment (8);
(c) farm-managed by the applicant for at least 1 May 2005 to 31 August 2005 and hop grown on it.
Payment for ruminant farming
The applicant for payment for ruminant farming shall be the 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 a type of agricultural crop arable land, or, where appropriate, as grassland (Section 3i of the Law), on a minimum area of 1 ha of crops listed in Annex No 2 to this Regulation used during the calendar year as fodder 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 2005.
(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 feed crops on a single soil block or part of the soil block, and an indication of the area of feed crops in the soil block map or parts of soil blocks of a scale of 1: 10 000 or more.
(3) The applicant shall provide evidence to the Fund by 30 September 2005 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 2005, including the ruminant identification numbers and the date of birth according to the Breeding Act (4) and the calculation of the unit of livestock).
(1) The Fund provides the applicant with a payment for the total number of livestock unit (10), determined according to the number of ruminants kept on 31 July 2005, the lowest number for payment being 2 livestock units (10). The conversion factors to determine the number of livestock unit (10) for the payment for ruminant farming are set out in Annex 3 to this Regulation.
(2) Payment for ruminant farming shall be granted to the applicant where intensities10) of the ruminant farming of the applicant, converted into the area of feed crops indicated by the applicant in the application, is less than or equal to 1,8 livestock units (10) per hectare.
(3) The provisions of paragraph 2 shall not apply to applicants where the number of farmed ruminants converted into livestock units (10) on 31 July 2005 is less than or equal to 15 livestock units (10).
Payment for arable crops
The applicant for crop payment referred to in Annex 1 to this Regulation on arable land (hereinafter referred to as "arable crop payment ') shall be the natural or legal person managing the agricultural land on which it is registered as a type of agricultural crop arable land (Section 3i of the Act) on the area of at least 1 ha, except 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 under the common organisation with dried fodder (9) are grown.
(1) An application for arable crops payment shall be submitted to the Fund on the form issued by it by 15 May 2005.
(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 crops listed in Annex 1 to this Regulation on a single soil block or soil block part, as the case may be, and an indication of the area of crops listed in Annex 1 to this Regulation on the soil block map or, where appropriate, of the soil block area of a scale of 1: 10 000 or more.
(3) The application for arable crops payment in case the applicant grows on arable land referred to in paragraph 1 of the genetically modified maize variety (11) shall include a declaration with the officially certified signature of the applicant on the form issued by the Fund:
(a) the cultivation of a genetically modified maize variety at a distance of at least 600 m from the agricultural land on which non-genetically modified maize is grown, under the organic farming regime under the special legislation12) or at a distance of at least 300 m from the agricultural land on which non-genetically modified maize is grown, under the organic farming regime under the specific legislation12), provided that it carries out an obsession of the genetically modified maize variety with at least 6 lines of non-genetically modified maize;
(b) the cultivation of a genetically modified maize variety at a distance of at least 100 m from the agricultural land on which the maize is grown, which is not genetically modified, or at a distance of at least 50 m from the agricultural land on which the maize is grown, which is not genetically modified, provided that it carries out an obsession with the genetically modified maize variety of at least 6 rows of maize which is not genetically modified;
(c) indicating the circumference of the cultivation of the genetically modified maize variety on the soil block or, where appropriate, the part of the soil block in the field in an identifiable manner.
(4) Part of the list of soil blocks or parts of soil blocks referred to in paragraph 3 (b), as applicable. (b) where the applicant grows on arable land as referred to in paragraph 1 of the genetically modified maize variety (11), the overlay of the cultivation of the genetically modified maize variety (11) shall be in the soil block map or, where appropriate, of the soil block parts of the scale 1: 10 000 or more.
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 the period from 1 May 2005 to 31 August 2005;
(b) recorded as eligible for payment (8);
(c) farmed by the applicant under the crop growing conditions set out in Annex 4 to this Regulation;
(d) farm-managed by the applicant during the calendar year as long as the applicant is kept in the register.
Payment rates
The rates of payments provided for in Articles 2 to 10 and 11 to 13, as the case may be, shall be published by the Fund by 30 November 2005 at the latest in a way which allows remote access and in at least one national diary in a manner specified directly by the European CommunityRegulation (13).
Payment
(1) If the applicant delivers an application for payment pursuant to this Regulation after a specified period but no later than 25 calendar days after the expiry of that period, the Fund will grant him a payment less 1% of the total amount of the payment concerned for each working day of delay in submitting the application. if the applicant receives the payment application only after the end of this extended period, the Fund shall reject the payment application.
(2) If a single area payment for agricultural land has not been granted to the applicant for payment under special legislation14), the Fund will not grant the applicant payment under this Regulation.
(3) If the Fund finds that the area of agricultural land for which the applicant has fulfilled the conditions for payment is in fact less 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% 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 (10) of ruminants kept on 31 July 2005 by the applicant for the payment of the payment for ruminant farming is lower than the number of livestock unit (10) of ruminants for which that applicant has requested payment,
(a) by a maximum of 3%, the Fund shall grant to that applicant a payment for the number of livestock unit (10) of ruminants kept by that applicant on 31 July 2005 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 (10) of ruminants kept by that applicant on 31 July 2005, less the amount of payment corresponding to twice the difference between the number of livestock unit (10) of ruminants found and the number of livestock unit (10) of ruminants for which the applicant has requested payment.
(7) Where the Fund finds that the number of livestock unit (10) of ruminants kept by the applicant for the payment of the payment for ruminant farming on 31 July 2005 is more than 20% lower than the number of livestock unit (10) of ruminants for which the applicant has requested payment, the Fund will not grant payment for ruminant farming to that applicant.
(8) If the Fund finds that the applicant, pursuant to Article 12, who cultivates genetically modified varieties of maize seed, has not marked the area of cultivation of the genetically modified variety of maize on the soil block or, where appropriate, the part of the soil block, or otherwise infringes the conditions laid down in Article 12 (3), the Fund shall not grant the payment provided for in Article 12 per soil block or part of the soil block on which the applicant cultivates the genetically modified varieties of maize seed.
(9) If the conditions for granting payments under this Regulation are met, the Fund shall grant the applicants the relevant payment during the period from 1 December 2005 to 30 June 2006.
Efficacy
(1) This Regulation shall enter into force on the day of its publication.
(2) This Regulation shall expire on 30 June 2006.
Prime Minister:
JUDr. Gross v. r.
Minister for Agriculture:
Ing. Palas v. r.
Příloha č. 1
Annex No 1 to Government Regulation No 145 / 2005 Coll.
List of arable crops for arable crops payment (§ 1 (d))
1. Durum wheat.
2. Other wheat and meslin.
3. Rye.
4. Barley.
5. Oats.
6. Maize for grain, silage and green.
7. Sorc.
8. Buckwheat, millet, mustard and other cereals.
9. Sugar corn.
10. Soja.
11. Rape, rape.
12. Sunflower.
13. Games.
14.
15. Sweet lupin.
16. Cannabis for fibre.
17. Len oily.
Příloha č. 2
Annex No 2 to Government Regulation No 145 / 2005 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 (Section 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. Canary flares.
9. Bird foot.
10. Feed beets.
11. Mangold.
12. Rocket sets.
13. Sunflower harvested green
14. Feeding groove.
15. Porcupine tie.
16.
17. Oilcake
18. The Poison Poison.
Nineteen.
20. Mixtures of crops listed under points 1 to 19 may be grown in a mixture.
Příloha č. 3
Annex No 3 to Decree No 145 / 2005 Coll.
Conversion factors to determine the number of livestock units 10) for the payment for ruminant farming (Section 9 (3))
| Kategorie | Přepočítávací koeficienty velké dobytčí jednotky10) |
|---|---|
| Tele od 1 do 6 měsíců včetně | 0,2 |
| Skot nad 6 měsíců do 24 měsíců včetně | 0,6 |
| Skot nad 24 měsíců. | 1,0 |
| Ovce, kozy nad 12 měsíců | 0,15 |
Příloha č. 4
Annex No. 4 to Decree No. 145 / 2005 Coll.
Conditions for cultivation of arable crops for arable crops payment (Section 13 (c))
1. Oilseeds, oil flax and durum wheat shall not be harvested before 30 June 2005 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. 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 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.
4) Act No. 154 / 2000 Coll., on Breeding, Breeding and Registration of Livestock and on the Amendment of Certain Related Acts (Breeding Act), as amended by Act No. 309 / 2002 Coll., Act No. 162 / 2003 Coll. and Act No. 282 / 2003 Coll.
5) Act No. 219 / 2003 Coll., on the circulation of seeds and propagating plants and amending certain laws (Act on the circulation of seeds and seed). Decree No 175 / 2004 Coll., laying down the details of the marketing of seed and planting plants.
6) Annex V to Commission Regulation (EC) No 1973 / 2004.
7) Government Decree No. 248 / 2004 Coll., on certain measures to implement the common organisation of the market in flax and hemp grown for fibre.
8) Article 143b (4) of Council Regulation (EC) No 1782 / 2003.
9) Commission Regulation (EC) No 796 / 2004, as amended. Decree of the Government No 204 / 2004 Coll., laying down the closer conditions for the implementation of the common organisation of the market in dried fodder.
10) Article 131 of Council Regulation (EC) No 1782 / 2003.
11) Act No. 219 / 2003 Coll.
12) Act No. 242 / 2000 Coll., on organic farming and amending Act No. 368 / 1992 Coll., on administrative fees, as amended by Act No. 320 / 2002 Coll.
13) Article 143c of Council Regulation (EC) No 1782 / 2003, as amended.
14) Government Regulation No 144 / 2005 Coll., laying down certain conditions for granting single area payment for agricultural land for the calendar years 2005 and 2006.
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Regulation Information
| Citation | Government Regulation No. 145 / 2005 Coll., laying down certain conditions for granting national additional payments to direct aid for 2005 |
|---|---|
| Regulation Type | Regulation |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 19.04.2005 |
|---|---|
| Effective from | 19.04.2005 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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