Government Regulation No. 147 / 2018 Coll.
Government Regulation on 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 for the period 2019 - 2023
Valid
Effective from 01.08.2018
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147
GOVERNMENT REGULATION
of 18 July 2018
laying down closer conditions for the implementation of the measures of the common organisation of the markets in agricultural products in the wine-growing sector for the period 2019 - 2023
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., Act No. 291 / 2009 Coll. and Act No. 179 / 2014 Coll.:
Subject matter
This Regulation lays down detailed rules for implementing the measures of the common organisation of the markets in agricultural products in the wine-growing and wine-growing sectors, as provided for in the Support Programme in wine-growing and wine-growing for the Czech Republic for the period 2019-2023, following the directly applicable provisions of the European Union (hereinafter referred to as the "European Union Regulation ') 1.
Application for restructuring and conversion aid
(1) An application for aid for restructuring and conversion of vineyards under the European UnionRegulation (1) is submitted by an applicant who is a grower of m2) based in the Czech Republic, to the State Agricultural Intervention Fund (3) (hereinafter referred to as the Fund) on the form issued by him.
(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 Fund shall evaluate the aid application separately in relation to the measure in question.
(4) The applicant may not apply for aid in a vineyard consisting of several parts of the soil block.
(5) If the applicant makes use of the re-planting permit granted before the application is submitted, the application shall be submitted to the Fund before the implementation of the measures4).
(6) Except in cases of force majeure and exceptional circumstances (5), following an inspection carried out by the Fund in accordance with European Union6), 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 re-planting permits will be used after grubbing up the vineyard; or
(b) where a new vineyard will be planted.
(7) The amendment of the data on replanting authorisations referred to in the application referred to in Article 4 (4) (a) or Article 5 (4) (a) may be made by the applicant at the latest with the notification referred to in Article 3 (8).
Conditions for granting restructuring and conversion aid
(1) Aid for the measure referred to in Article 2 (2) may be granted where the part of the land block on which the measure is implemented is recorded in the land use register according to the user relations (hereinafter referred to as "register") per applicant as a vineyard in accordance with the register of vinic7, no later than 31 May of the calendar year in which the notification of the implementation of the measure was submitted pursuant to paragraph 8.
(2) Compliance shall be assessed for one part of the soil block corresponding to one vineyard registered in the vineyard register.
(3) The applicant may use only the replanting permit (8) 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 after the control of the Fund. The applicant may use only the replanting permit (10), registered in the vineyard register and granted on the basis of grubbing-up of the vineyard carried out in the application after the Fund inspection, for the measure referred to in Article 2 (2) (c). The applicant may not use a new planting permit for the measure referred to in Article 2 (2).
(4) The applicant must not start implementing the measures provided for in Article 2 (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 Union6).
(5) Where the applicant makes use of a replanting permit granted prior to the submission of an application pursuant to Article 2 (5), he shall not commence the implementation of the measures referred to in Article 2 (2) before 4 months after the application of the Fund or before the control carried out by the Fund on the parts of the land blocks on which a new vineyard will be planted.
(6) Only the whole part of the soil block may be grubbed by the applicant.
(7) The measure provided for in Article 2 (2) cannot be combined. For the measure referred to in Article 2 (2) (c), new planting and the holding of vineyards may not be combined on one part of the soil block.
(8) The applicant shall notify the Fund, on 31 May of the fourth calendar year following the calendar year in which the application was submitted, of the implementation of the measures on all parts of the soil blocks mentioned in the application. For each application, the applicant shall submit only one notification of the implementation of the measure.
(9) In the case of the grant of the replanting right (11), 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 12), 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 after the registration of the vineyard under the Vineyard and Vineyard Act on which the permit for replanting was granted in advance.
(10) The applicant shall notify the Fund of the implementation of the measure referred to in paragraph 8 by 31 May 2023 at the latest.
Change in the variety composition of the vineyard
(1) Aid for measures to modify the varietal structure of the vineyard shall be paid for the whole of the soil block (13), 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 14) 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) The applicant shall indicate in the application referred to in Article 2 (1):
(a) the number of the part of the soil block from which, after grubbing-up of the vineyard, the re-planting permit will be used in the application or the part of the soil block to be grubbed up following the grant of the re-planting permit before 8);
(b) the area planted with the grubbed-up vineyard registered in the register;
(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 the new vineyard will be planted; and
(f) the area planted in the vineyard after the planting of the new vineyard.
(3) Where the applicant places a new vineyard on a part of the soil block other than the grubbed-up part 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 applicant shall indicate in the application the area planted with the area registered in the register, the varieties grown and the cultivation method.
(4) The applicant shall indicate in the application referred to in Article 2 (5):
(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 Fondem6) 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 applicant 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 applicant shall indicate in the application the area planted, the variety grown and the cultivation method.
(6) Where the applicant makes use of the re-planting permit referred to in Article 2 (5) in combination with the re-planting permit referred to in Article 3 (3), the application shall indicate the information referred to in paragraphs 2 and 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 is paid for the whole of the soil block (13) if:
(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 8 degrees;
(d) the planting is carried out by a wine grape variety (14) registered in the Czech Republic or in another Member State of the European Union with a number of shrubs of at least 2,500 head per ha planted area of the vineyard; and
(e) the planting is not carried out on the same part of the soil block from which the re-planting permit originates.
(2) The applicant shall indicate in the application referred to in Article 2 (1):
(a) the number of the part of the soil block from which, after grubbing-up of the vineyard, the re-planting permit will be used in the application or the part of the soil block to be grubbed up following the grant of the re-planting permit before 10);
(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 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 lodged, the applicant shall indicate in the application the area planted, the variety grown and the cultivation method.
(4) The applicant shall indicate in the application referred to in Article 2 (5):
(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 Fondem6) 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 applicant 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 applicant shall indicate in the application the area planted, the variety grown and the cultivation method.
(6) Where the applicant makes use of the re-planting permit referred to in Article 2 (5) in combination with the re-planting permit referred to in Article 3 (3), the application shall indicate the information referred to in paragraphs 2 and 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 shall be paid for the whole of the soil block (13) 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 (14) registered in the Czech Republic or in another Member State of the European Union with a number of shrubs of at least 3 572 head 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) The applicant shall indicate in the application referred to in Article 2 (1):
(a) the number of the part of the soil block from which, after grubbing-up of the vineyard, the re-planting permit under the application or the part of the soil block to be grubbed up on the basis of the re-planting permit before 8),
(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 the applicant 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 of application, the applicant shall indicate in the application the area planted, the variety grown 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) An application for aid for investment under the European Union15) shall be submitted by the applicant, who is a producer (16), based in the Czech Republic, by 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 the marc hat,
(c) a cross-flow wine filter; or
(d) the grape press.
(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 (15);
(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 or medium-sized enterprise (17); and
(f) the amount of the estimated cost of the acquisition of equipment referred to in paragraph 218.
(4) The applicant must make the investment at the earliest after the application referred to in paragraph 14 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 submitted by the applicant to the Fund by 31 August 2022 at the latest.
Amount of aid
(1) Aid not exceeding 75% of the actual costs of restructuring and conversion of vineyards under the European Union19) in less developed region20)
(a) the change in the variety composition of the vineyard shall be:
1. 300 000 CZK 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. 345 000 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. 390 000 CZK 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. 435 000 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. 300 000 CZK 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. CZK 335 000 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. 380 000 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,
4. 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
5. 470 000 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. 300 000 CZK 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. 370 000 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. CZK 415 000 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. CZK 460 000 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. 150 000 CZK per ha planted area of the vineyard in case the number of grapevine shrubs reached exceeds or is equal to 1 000 pieces per ha planted area of the vineyard,
2. 185 000 CZK per ha planted area of the vineyard in the event that the number of grapevine shrubs reached exceeds 2 000 pieces per ha planted area of the vineyard,
3. CZK 207 000 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. 230 000 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) If the applicant has grubbed up his own vineyard and has used the re-planting permit for a new restructured vineyard in accordance with § 4, 5 or 6 and has not used the re-planting permit before 12) pursuant to § 3 (9), the rate referred to in paragraph 1 shall be increased by CZK 120 000 per hectare of planted area of the vineyard to compensate for the loss of income.
(3) Where the applicant has submitted an application pursuant to Article 2 (5) and has used the replanting permit (10) granted prior to the application, the rate increased in accordance with paragraph 24 shall not be the same. The increased rate referred to in paragraph 2 shall also not apply to the applicant who has used the replanting permit before 12).
(4) The rates for the measures referred to in paragraph 1 (a) to (c) cannot be added together.
(5) The aid of 50% of the restructuring and conversion costs actually incurred under the European Union19 Regulation) in non-less-developed regions20 shall be fixed at two thirds of the aid referred to in paragraph 1.
(6) The aid for investments provided for in Article 7 amounts to a maximum of 50% of eligible expenditure, but also to a maximum of CZK 2 million under the European Union15) in less developed region20) or 40% of eligible expenditure and a maximum of CZK 2 million under the European Union15) in other than less developed region20).
(7) The Fund shall add an amount corresponding to the difference between the maximum amount of eligible expenditure and the rates fixed in accordance with paragraphs 1 to 3 to the rates fixed in the territory with preference for vineyards listed in the Annex to this Regulation, to the rates fixed under paragraphs 1 to 3. The Fund shall publish the amount by 31 October of the financial year concerned on its website.
(8) The Fund shall add 10% of the total amount of aid calculated for the measure provided for in Article 7 to the aid rate fixed in accordance with paragraph 6. The maximum aid to young winegrowers may not exceed the rates referred to in paragraph 6.
(9) The Fund shall reduce the rate of aid calculated in accordance with paragraphs 6 and 8 proportionately if the sum of all the entitlements of aid applications referred to in Article 7 for the financial year (21) exceeds the amount of appropriations allocated to the budget of the European Union.
(10) If, after the payment of the aid referred to in Article 7, outstanding funds are available, the Fund shall make a proportional payment to applicants for aid paid up to the admissible amount of aid referred to in paragraph 6.
Payment of the aid
(1) Aid applications pursuant to Article 4, 5 or 6 shall be paid during the financial year until the funds provided from the European Union are available. Once the appropriations allocated for the financial year have been exhausted, applications shall be paid in the following financial year.
(2) Aid applications pursuant to Article 7 which have not been final by 30 September of the financial year shall be paid out of the funds allocated to the Czech Republic for the following financial year.
Young winemaker
(1) The young winemaker is an applicant pursuant to Article 7 (1), who first submitted to the vineyard register a notification of the start of wine production in the 12 months preceding the application for aid pursuant to Article 7, and at the same time did not reach the age of 40 on the date of submission of the aid application pursuant to Article 7.
(2) 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 social22) or more natural persons who fulfil the condition of not reaching the age of 40 years holding together a majority of the voting rights arising from participation in a commercial corporation.
(3) Where another commercial corporation with its registered office in the Czech Republic has sole or joint control over a commercial corporation (hereinafter referred to as "controlling commercial corporation '), the conditions set out in paragraph 2 shall apply to all natural persons who control that controlling commercial corporation. If the controlling corporations do not have members who are natural persons fulfilling the conditions set out in paragraph 2, the preferences referred to in Paragraph 8 (8) shall not be added.
(4) The facts referred to in paragraphs 2 and 3 are demonstrated by the applicant on the date of the application.
Conditions for maintaining aid for restructuring and conversion measures
(1) The person provided for by European Union23), delivers 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, lays down detailed rules for implementing the integrated administration and control system, rural development measures and conditions24), includes the indication of all the area in accordance with the European Union25) and its use. The condition under the first sentence shall apply for a period of 3 years starting from the calendar year following the calendar year in which the aid was granted.
(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.
(3) The beneficiary of the aid for the measures referred to in Article 2 (2) shall comply with the compulsory management requirements and the requirements for good agricultural and environmental status (26) set out in Annexes 2 and 4 to Government Regulation No 48 / 2017 Coll., on the setting of requirements according to the acts and standards of good agricultural and environmental condition for areas of cross compliance rules and the consequences of infringements of certain agricultural aid, as amended.
Reduction of aid
(1) If the Fund finds that the applicant has not identified all the area in accordance with European Union25 in the single application form (24) pursuant to Article 11), 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 does not include:
(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 § 4, 5 or 6 to which the single application form is subject by 1% 25),
(b) higher than 4% but less than or equal to 5% of the area covered by the single application form, reduce the support 25) pursuant to § 4, 5 or 6 to which the single application form is subject by 2% 25); or
(c) higher than 5%, reduce support 25) pursuant to Article 4, 5 or 6, to which the single application form is subject, by 3% 25).
(2) Where aid applicant
(a) in accordance with Article 4, 5 or 6, which is required to lodge a harvest, production or stock declaration (27), in any calendar year from application to notification of implementation of the measure, the Fund shall reduce the aid provided for in Article 4, 5 or 6 by 1% for each working day of exceeding the date of submission of the declaration in each year;
(b) in accordance with Article 4, 5 or 6, in any calendar year following the submission of the application to the notification of implementation of the measure, it shall exceed by more than 15 working days the deadline set for the submission of the declaration referred to in point (a); or
(c) pursuant to Article 7, which is obliged to lodge a harvest, production or stock declaration (27), exceeds the set deadline for its submission, the Fund shall reduce the aid referred to in Article 7 by 1% for each working day of exceeding the reporting deadline (28) in each year.
(3) Where the aid applicant referred to in Article 7, who is obliged to lodge a harvest, production or stock declaration, indicates in the 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 7 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 soil block, provided that the Fund ascertains that the infringement provided for in Article 3 (4) does not commence grubbing-up of the vineyard less 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 relevant part of the part of the soil block if the Fund finds, for the vineyard from which the replanting permit has been used, that the condition laid down in Article 3 (6) or Article 5 (1) (e) has not been met.
(7) If the Fund finds a breach of the condition referred to in § 3 (3), first or second sentence, § 4 (1) (a) or (c), § 5 (1) (a) or § 6 (1) (a) for one of the re-planting permits, it shall grant the applicant aid for the part of the land block part for which the condition has been met.
(8) Except for the amendment of the application pursuant to Article 2 (6) 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 Articles 4 (2) (a), 4 (4) (a), 5 (2) (a), 5 (4) (a) or 6 (2) (a).
(9) If the applicant does not deliver pursuant to § 3 (8) 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. This does not preclude the application of a penalty where the operations have not been carried out on the whole declared area for which the aid has been claimed (31).
Non-aid
(1) The aid shall not be granted for the relevant part of the soil block if the Fund finds that the applicant has failed to comply with the condition laid down in the last sentence of Article 3 (3).
(2) The aid shall not be granted for the relevant part of the soil block if the Fund finds that the non-compliance provided for in Article 3 (4) or (5) does not commence the implementation of the measures earlier than 4 months after the application of the Fund or before the control carried out by the Fund.
(3) The aid shall not be granted for the measure referred to in Article 2 (2) if the Fund finds that the applicant has failed to comply with the condition laid down in Articles 4 (1) (b), 5 (1) (b) or 6 (1) (b) under the measure.
(4) Aid shall not be granted for an application if the Fund finds that the applicant has not complied with the condition laid down in Articles 3 (10), 7 (3) (e) or 7 (5) or 7 (7).
(5) The aid shall not be granted for the investment in question if the Fund finds that the applicant has not complied with the condition laid down in Article 7 (4).
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Regulation Information
| Citation | Government Regulation No. 147 / 2018 Coll., laying down closer conditions for the implementation of measures of the common organisation of the markets in agricultural products in the wine-growing and wine-growing sector for the period 2019 - 2023 |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 26.07.2018 |
|---|---|
| Effective from | 01.08.2018 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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