Decree No. 155 / 2007 Coll.
Government Regulation on certain conditions for granting national additional payments to direct aid for 2007
Valid
Regulation
Effective from 01.07.2007
Text versions:
01.07.2007
29.06.2007
155
GOVERNMENT REGULATION
of 18 June 2007
laying down certain conditions for granting national additional payments to direct aid for 2007
The Government orders 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 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.:
Subject matter
This Regulation (1) regulates certain conditions for granting national additional payments to direct aid for the calendar year 2007 (hereinafter referred to as "payments') to the State Agricultural Intervention Fund (hereinafter referred to as" the Fund ') following the directly applicable rules of the European Community2 (hereinafter referred to as "the European Communities').
(a) fibre flax,
(b) hops,
(c) bovine animals, sheep (4) or goats (5) (hereinafter referred to as ruminants),
(d) arable crops;
(e) starch potatoes.
Payment per flax per fibre
The applicant for payment per flax per fibre may be a natural or legal person who, in 2006:
(a) manage the agricultural land registered on it pursuant to § 3a to 3h of the Act in the register of use of agricultural land according to user relations (hereinafter referred to as "the register") as arable land [§ 3i (a) of the Act] and which was eligible for the single area payment of agricultural soils (6);
(b) have grown on the agricultural land referred to in (a) flax per fibre at least 1 ha; and
(c) has submitted an application for the payment of flax for fibre under the Government Decree laying down certain conditions for granting national additional payments to direct aid for the year 20067).
The applicant shall deliver the application for payment per flax per fibre of the Fund on the form issued by it by 31 July 2007. The application shall specify the area of agricultural land which fulfils the conditions laid down in Section 4.
The Fund shall provide the applicant with a payment for flax fibre for the area of agricultural land indicated by the applicant in the application referred to in Article 3 (2) where the area of agricultural land was:
(a) registered as arable land in the register with the applicant from 1 May to 31 August 2006 at least;
(b) farmed by the applicant for at least the period during which it was registered in 2006 and was grown on fibre; and
(c) registered in the register as eligible for the single area payment of agricultural soils (6).
Payment for hops
The applicant for payment for hops may be a natural or legal person,
(a) for which on 31 March 2007 the agricultural land was registered as a hop plant [Paragraph 3i (d) of the Act] and which was eligible for the single area payment of agricultural soils (6); and
(b) which has grown on agricultural land as referred to in (a) hops at least at a surface area of 1 ha.
The applicant shall deliver the application for payment for the Hops of the Fund on the form issued by him by 31 July 2007. The application shall include a list of the soil blocks or parts of soil blocks (Section 3a of the Law) which were registered as hop trees on 31 March 2007 to applicants [Section 3i (d) of the Law] and have been grown on them.
The Fund shall provide the applicant with a payment for hops at an area of agricultural land which was:
(a) registered in the register on 31 March 2007 to the applicant as a hop plant [§ 3i (d) of the Act] and the hops were grown on it;
(b) registered in the register as eligible for the single area payment of agricultural soils (6).
Payment on ruminants
(1) The applicant for payment for ruminants may be a natural or legal person who, on 31 March 2007, kept ruminants on a holding registered in a central register kept under the Breeding Act (8) (hereinafter referred to as "central register") in at least 2 livestock units (9).
(2) In the case where the applicant for the payment for ruminants has been ordered by decision of the competent regional veterinary administration in the period from 1 August 2006 to 31 March 2007 to an exceptional veterinary measure in the event of the occurrence of a dangerous disease (10), in which the slaughter or slaughter of the ruminant kept by him was ordered, the applicant may consider the status of ruminant kept on a holding registered in the central register on 31 July 2006 as being the status of ruminant kept in accordance with paragraph 1.
(1) The applicant shall deliver an application for payment of the Fund's ruminants on the form issued by him by 31 July 2007. The application for payment for ruminants in the case referred to in Article 8 (1) shall include a document or an officially certified copy thereof from the central register proving the status of ruminant farming kept by the applicant on 31 March 2007, including the ruminant identification numbers and the date of their birth as indicated in the central register and the calculation of the unit of livestock).
(2) The application for payment for ruminants in the case referred to in Article 8 (2) shall include:
(a) the document or its officially certified copy from the central register proving the status of ruminant farming of the applicant on 31 July 2006, including the ruminant identification numbers and the date of birth as indicated in the central register and the calculation of the unit of livestock), and
(b) a written copy of the decision of the competent Regional Veterinary Administration or an officially certified copy thereof on the regulation of an emergency veterinary measure in the event of a dangerous disease (10).
(3) The conversion factors to determine the number of livestock unit (9) to be paid for ruminants are set out in the Annex to this Regulation.
The Fund shall provide the applicant with a payment for ruminants for the total number of livestock unit (9) determined according to the number of ruminants on the basis of a document or an officially certified copy referred to in Article 9 (2) or (3), subject to payment being at least 2 livestock units (9).
Arable crops payment
The applicant for arable crops payment may be a natural or legal person for whom on 31 March 2007 the agricultural land was registered as arable land [Paragraph 3i (a) of the Act] and which was eligible for the single area payment (6).
The applicant shall deliver an application for arable crops payment to the Fund on the form issued by it by 31 July 2007. The application shall specify the area of agricultural land which fulfils the conditions laid down in Section 13.
The Fund shall grant the applicant a payment for the area of agricultural land referred to in the application referred to in Article 12 (2) if the area of agricultural land was:
(a) registered in the register on 31 March 2007 as arable land [Paragraph 3i (a) of the Act];
(b) registered in the register as eligible for the single area payment of agricultural soils (6).
Payment for starch potatoes
The applicant for payment for starch potatoes may be a natural or legal person who, for the 2007 / 2008 marketing year, has concluded, by 31 March 2007, a contract with the starch potato processor for the cultivation of potatoes for starch production pursuant to a government regulation laying down certain procedures for the implementation of the common organisation of the market in starchbe11) grown on agricultural land registered as arable land [§ 3i (a) of the Act].
The applicant shall deliver the application for the starch potato payment of the Fund on the form issued by it by 31 July 2007. The application shall be accompanied by a copy or an officially certified copy of the starch potato cultivation contract concluded for the 2007 / 08 marketing year under the Government Regulation laying down certain procedures for the implementation of the common market organisation (11).
The Fund shall provide the applicant with a payment for starch potatoes according to the quantity of potato starch laid down in the contract provided for in Section 14.
Publication of the payment rate
The rates of payments referred to in paragraphs 2 to 16 shall be published by the Fund by 30 November 2007 at the latest in a way which allows remote access and in at least one national diary as laid down in the European Communities Regulation (12), unless the Commission of the European Communities gives the information necessary for the publication of the payment rate at a later date; in such a case, the Fund shall publish the rates of payments not later than 15 days after the communication of such data by the Commission of the European Communities.
Reduction of payments or rejection of applications
(1) If the applicant delivers an application for payment pursuant to § 3, 6, 9, 12 or 15, after a specified period but not later than 25 calendar days after the expiry of that period, the Fund shall grant him a payment reduced by 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 expiry of this extended period, the Fund shall not make the payment.
(2) If a single area payment has not been granted to the applicant for payment in 2007 13), the Fund will not grant the applicant payment under this Regulation.
(3) Where the area of agricultural land for which the applicant has fulfilled the conditions for payment laid down in Sections 2, 5 and 11 (hereinafter referred to as "the area determined ') is lower than the area of agricultural land indicated in the application for payment (hereinafter referred to as" the area declared'), and the difference between the area determined and the area declared is:
(a) less than or equal to 3% of the area determined, the Fund shall make payment to the applicant for the area determined;
(b) more than 3% and less than or equal to 30% of the area determined, the Fund shall grant the applicant the appropriate payment for the area determined, less the amount of the payment corresponding to twice the difference between the area declared and the area determined.
(4) Where the area determined is lower than the declared area declared and the difference between the area declared and the area determined is greater than 30% of the area determined is not made available to the applicant by the Fund.
(5) Where the number of livestock unit (9) of ruminants of the applicant for payment pursuant to Article 8 on 31 July 2006 or 31 March 2007, as the case may be, was lower than the number of livestock unit (9) of ruminants for which the applicant requested payment,
(a) up to and including 3%, the Fund shall grant the applicant a payment for the actual number of livestock unit (9) of ruminants kept by the applicant on 31 July 2006 and 31 March 2007, as the case may be;
(b) by more than 3% and up to and including 30%, the Fund shall provide the applicant with a payment for the number of livestock unit (9) of ruminants kept by the applicant on 31 July 2006 and 31 March 2007, reduced by the amount of payment corresponding to twice the difference between the number of livestock unit (9) of ruminants and the number of livestock unit (9) of ruminants referred to in the application for payment referred to in Article 8.
(6) Where the number of livestock unit (9) of ruminants of the applicant for payment pursuant to Article 8 on 31 July 2006 or 31 March 2007, as the case may be, is more than 30% lower than the number of livestock unit (9) of ruminants for which the applicant has requested payment, the Fund shall not grant payment under Article 8 to the applicant.
(7) 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 Fund does not recover this amount. 14).
(8) Where the conditions laid down in this Regulation have not been complied with as a result of force majeure, the reduction, non-payment or reimbursement of the payment shall not be implemented 15).
(1) The Fund shall act in accordance with 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, as amended, and under this Regulation.
(2) The Fund shall apply mathematical rounding to 2 decimal places when calculating the figures under this Regulation.
(3) An application under this Regulation may be made by a person who is the legal successor of an applicant who would fulfil the conditions for payment under this Regulation or who has transferred rights and obligations as a result of the sale of an undertaking or the hire of an enterprise (16). That evidence shall be provided by the Fund at the same time as the request for payment, including the manner and extent of the transfer of rights and obligations relating to the conditions for payment set out in paragraphs 2 to 15. In this case, however, it shall not be entitled to submit an application to the Fund by a person who could otherwise be an applicant under this Regulation.
(4) An application under this Regulation may also be lodged by a person who has taken over the applicant's agricultural land under the conditions laid down in the Government Regulation laying down the conditions for granting a subsidy in the context of the early cessation of the farming activity of an agricultural entrepreneur (17) and who would fulfil the conditions for granting payment under this Regulation. That evidence shall be provided by the Fund at the same time as the application for payment under this Regulation, including the manner and extent of the transfer of rights and obligations relating to the conditions for granting the payment provided for in this Regulation. In this case, however, it shall not be entitled to submit an application to the Fund by a person who could otherwise be an applicant under this Regulation.
Efficacy
This Regulation shall enter into force on 1 July 2007.
Prime Minister:
Ing. Topolánek v. r.
Minister for Agriculture:
Mgr. Gandalovich v. r.
Annex to Government Regulation 155 / 2007 Coll.
Conversion factors to determine the number of livestock unit (9) for the payment on ruminants [Paragraph 9 (2)]
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 / 1993, (EC) No 1452 / 2001, (EC) No 1453 / 2001, (EC) No 1454 / 2001, (EC) No 1868 / 1994, (EC) No 1251 / 1999, (EC) No 1254 / 1999, (EC) No 1673 / 2000, (EEC) No 2358 / 1971 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, as amended.
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 by Act No. 128 / 2003 Coll., Act No. 41 / 2004 Coll., Act No. 85 / 2004 Coll., Act No. 237 / 2004 Coll., Act No. 482 / 2004 Coll., Act No. 441 / 2005 Coll., Act No. 130 / 2006 Coll. and Act No. 342 / 2006 Coll.
4) Article 112 (a) of Council Regulation (EC) No 1782 / 2003, as amended.
5) Article 112 (b) of Council Regulation (EC) No 1782 / 2003, as amended.
6) Article 143b of Council Regulation (EC) No 1782 / 2003, as amended.
7) Paragraph 3 of Decree No. 141 / 2006 Coll., on certain conditions for granting national additional payments to direct aid for 2006.
8) 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., Act No. 282 / 2003 Coll., Act No. 444 / 2005 Coll. and Act No. 130 / 2006 Coll.
9) Article 131 of Council Regulation (EC) No 1782 / 2003, as amended.
10) Sections 54 and 55 of Act No. 166 / 1999 Coll., on Veterinary Care and on the Amendment of Certain Related Acts (Veterinary Act), as amended by Act No. 131 / 2003 Coll. and Act No. 48 / 2006 Coll.
11) Articles 13b (1) and 14 (1) (a) of Decree No. 115 / 2004 Coll., laying down certain procedures for implementing the common organisation of the market in starch, as amended by Decree No. 543 / 2004 Coll., Decree No. 149 / 2005 Coll. and Decree No. 143 / 2006 Coll.
12) Article 143c of Council Regulation (EC) No 1782 / 2003, as amended.
13) Government Regulation No 47 / 2007 Coll., laying down certain conditions for granting the single area payment for agricultural land and certain conditions for providing information on the processing of agricultural products originating in land put up for rest.
14) Article 73 (8) of Commission Regulation (EC) No 796 / 2004 of 21 April 2004 laying down detailed rules for the application 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, as amended.
15) Article 72 of Commission Regulation (EC) No 796 / 2004, as amended.
16) Sections 476 to 488h of the Commercial Code.
17) Government Decree No. 69 / 2005 Coll., laying down the conditions for granting a subsidy in connection with the early cessation of the agricultural activity of an agricultural entrepreneur.
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Regulation Information
| Citation | Government Regulation No. 155 / 2007 Coll., laying down certain conditions for granting national additional payments to direct aid for 2007 |
|---|---|
| Regulation Type | Regulation |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 29.06.2007 |
|---|---|
| Effective from | 01.07.2007 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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