Act No. 179 / 2014 Coll.
Act amending Act No. 252 / 1997 Coll., on Agriculture, as amended, and other related laws
Valid
Effective from 01.01.2015
Zobrazeno prvních 200 z celkem 528 ustanovení tohoto předpisu.
Zobrazit celý předpis →
Pro stažení celého znění použijte tlačítko Stáhnout výše.
179
THE LAW
of 23 July 2014
amending Act No. 252 / 1997 Coll., on Agriculture, as amended, and other related laws
Parliament has decided on this law of the Czech Republic:
Amendment to the Agriculture Act
Act No. 252 / 1997 Coll., on Agriculture, as amended by Act No. 62 / 2000 Coll., Act No. 307 / 2000 Coll., Act No. 128 / 2003 Coll., Act No. 85 / 2004 Coll., Act No. 317 / 2004 Coll., Act No. 94 / 2005 Coll., Act No. 441 / 2005 Coll., Act No. 444 / 2005 Coll., Act No. 230 / 2006 Coll., Act No. 267 / 2006 Coll., Act No. 291 / 2009 Coll., Act No. 73 / 2011 Coll., Act No. 167 / 2012 Coll., and Act No. 64 / 2014 Coll., is amended as follows:
1. in Article 2 (e) (1), the words "and direct aids" shall be inserted after the words "foodstuffs."
2. in § 2 (e) (2):
"2. Rural Development Programme and Operational Programme Fisheries,"
3. In Article 2 (f), the words "European Union Structural Funds' are replaced by the words" programmes co-financed by the European Union '.
4. In Paragraph 2, the current paragraph becomes paragraph 1 and the following paragraph 2 is added:
"(2) The Ministry of Agriculture (hereinafter referred to as the Ministry) is responsible for the implementation of the common agricultural policy of the European Union in accordance with the relevant provisions directly applicable to the European Union. To this end, the Ministry shall establish an agricultural advisory system and management and control systems. Management and control systems shall include in particular:
(a) the registration of agricultural entrepreneurs;
(b) land use records by user relationship;
(c) records kept under the Vineyard and Wine Protection Act and the hop Protection Act;
(d) the common agricultural register;
(e) a central register of each species of livestock kept under the Law on Breeding and Breeding;
(f) a framework for carrying out checks on compliance with management requirements, on good agricultural and environmental conditions, on minimum requirements for the use of fertilisers and plant protection products and on animal welfare checks. ';
5. In Paragraph 2a (1), the words "the Treaty establishing the European Community (" the EC Treaty ") 'are replaced by the words" the Treaty on the Functioning of the European Union'.
6. in Article 2a (2) (a) and (b), the words "EC Treaty" shall be replaced by the words "Treaty on the Functioning of the European Union";
7. Paragraph 2a (3), including footnote 4, reads as follows:
"(3) Direct aid means measures implemented under European Union4) on the market in agricultural products and foodstuffs under the directly applicable European Union rules governing rules on direct payments to farmers under support schemes under the common agricultural policy in the field of direct aid and other aid to farmers.
4) Council Regulation (EC) No 73 / 2009 of 19 January 2009 establishing common rules for direct support schemes under the common agricultural policy and establishing certain support schemes for farmers, amending Regulations (EC) No 1290 / 2005, (EC) No 247 / 2006, (EC) No 378 / 2007 and repealing Regulation (EC) No 1782 / 2003, as amended. Commission Regulation (EC) No 1122 / 2009 of 30 November 2009 laying down detailed rules for the implementation of Council Regulation (EC) No 73 / 2009 as regards cross-compliance, modulation and an integrated administration and control system under the direct support schemes for farmers provided for in that Regulation and Council Regulation (EC) No 1234 / 2007 as regards cross-compliance under the direct support scheme for the wine sector, as amended. ';
8. In Section 2c, the words "Structural Support Programme and 'are deleted.
9. In Paragraph 2c (1), the words "Structural Support Programme and 'are deleted.
10. in § 2c (1) and (5), § 2ca, § 3 (6), (8) and (9), § 3a (5) (m), § 3aa (2) (g), § 4a (2) and (11), § 4c (1) to (4), § 4c (6), § 4d (1), § 4e (1), § 4f (2) and in § 4g the words "European Communities" shall be replaced by "European Union."
11. in Paragraph 2c (2):
"(2) The rural development programme shall include in particular:
(a) promoting innovation and knowledge transfer;
(b) promoting increased competitiveness of agriculture and forestry, including manufacturing;
(c) promoting the restoration, conservation and improvement of ecosystems;
(d) promoting resource efficiency; or
(e) promoting diversification, creating new jobs, entrepreneurship and strengthening development in rural areas. ';
12. in Article 2c (3), the words "Structural support programmes and" shall be deleted and the word "theirs" shall be replaced by "its."
13. in Paragraph 2c (4), including footnote 7,
"(4) The Rural Development Programme shall be implemented by the Fund in accordance with the directly applicable European Union Regulation (7).
7) Council Regulation (EC) No 1290 / 2005 of 21 June 2005 on the financing of the common agricultural policy, as amended. '
14. in Article 2c (5), the words "structural support programmes" shall be deleted;
15. in Article 2ca, the words "and the European Maritime and Fisheries Fund" shall be inserted after the word "fond9," and at the end of the text the words "or the Fund entrusted to it pursuant to the directly applicable European Union Regulation" shall be added.
16. In Article 2d, the following paragraph 3 is added:
"(3) The Ministry may entrust the Fund with the implementation of additional aid financed exclusively from national sources."
17. in Article 2da (1) (a):
"(a) entrepreneurs,"
18. in Article 2da (2) (a):
"(a) loans, loans and debt security,"
19. in Article 2da (3) (a):
"(a) the establishment, reproduction and development of businesses and farms,"
20. in Article 2da (3) (b), the words "not owned by the State" shall be deleted;
21. in Article 2da (3) (d):
"(d) development of services, crafts and other activities in rural areas for entrepreneurs and municipalities and voluntary associations of municipalities, including support for infrastructure building,"
22. in Article 2e (1) (a):
"(a) is fully competent, '.
23. in Article 2e (1), point (b) is deleted;
Points (e) and (f) shall be renumbered points (b) and (c).
24. footnote 11 is deleted, including the footnote reference.
25. in Article 2e (3) (a), the words "except for the cultivation of hemp for therapeutic use and scientific purposes" shall be inserted after the words "aromatic plants."
26. in Article 2e (3), the words "where the final product is an agricultural product listed in Annex I to the Treaty on the Functioning of the European Union" shall be added at the end of the text in point (e).
27. In Article 2e, at the end of paragraph 3, the final part of the provisions shall be added: "Furthermore, agricultural production shall be considered to be agricultural activity established in accordance with the directly applicable European Union rules governing rules on direct payments to farmers under support schemes under the common agricultural policy. '
28. in Article 2f (1), the words "Regulation of the European Communities (13)" shall be replaced by the words "Treaty on the Functioning of the European Union";
footnote 13 is deleted, including the footnote reference.
29. in Paragraph 2f (2):
"(2) An agricultural entrepreneur shall be registered by the municipal authority of the municipality with extended scope if the applicant fulfils the conditions set out in Paragraph 2e (1)."
30. in Article 2f (3) (a), including footnote 70:
"(a) in addition to the formalities laid down in the Administrative Regulation (70)), a commercial firm, a citizenship, a birth number, if not allocated, and a statement as to whether the court or administrative authority has not imposed a ban on agricultural production activity on it;
70) § 37 (2) of the Administrative Regulation. '
31. in Article 2f (3) (b), the words "residence in the Czech Republic" shall be replaced by the words "residence outside the Czech Republic and the address of the place of residence in the Czech Republic," the words "descriptive and" shall be replaced by the words "descriptive or registration number, where appropriate," and the words "(a)" shall be added at the end of the text of the letter. "
32. in Article 2f (3), point (d) is deleted;
Points (e) to (g) shall be renumbered (d) to (f).
33. In Article 2f, at the end of paragraph 3, the dot is replaced by a comma and the following points (g) and (h) are added:
"(g) the number of the electronically readable identification document, if the natural person has no identification number, and
(h) seat in the Czech Republic. ';
34. in Article 2f (4) (a):
"(a) in addition to the formalities laid down in the Administrative Rules (70), the personal name, or, where applicable, the name, surname, nationality, birth number, if not assigned, date of birth, place of permanent residence of the person or persons who are its statutory body or its members, unless they are a citizen of the Czech Republic or a citizen of another Member State of the European Union; where the statutory authority or its member is a legal person, the personal name, surname, surname, nationality, birth number, if not assigned, date of birth, place of permanent residence of the person or persons who are its statutory authority or its member, and whether the court or administrative authority has not prohibited them from carrying out the agricultural production activity, shall be indicated in addition to the formalities laid down by the administrative order. ';
35. in Article 2f (4) (c), "g)" is replaced by "f)";
36. in Article 2fa (1) (a), the words "name and surname" shall be replaced by the words "personal name, or names, surnames," or "descriptive and" shall be replaced by the words "descriptive or registration number," where appropriate, "after the words" allocated, "the words" not allocated, "and the words" place of birth and surname "shall be deleted.
37. in § 2fa (1) (b):
"(b) if it is a foreign natural person, the personal name or, where applicable, the name, surname or, where applicable, business name, nationality, birth number, if not assigned, date of birth, address of residence outside the Czech Republic, address of residence in the Czech Republic, if it has been granted permanent residence; for a person who, for the purposes of business, establishes an organisational component in the Czech Republic, the address of his location containing the name of the municipality, its parts, street name, descriptive or registration number, or, where applicable, indicative number, if allocated, the postal code and details of the manager of that organisational component referred to in Section 2f (3) (a), with the exception of the declaration of non-imposition of an activity ban on agricultural production; If the head of this organizational branch is a person residing outside the Czech Republic, the place of residence in the Czech Republic shall also be indicated if it has been authorised, '.
38. in § 2fa (1) (c), the words "place of business" are replaced by the words "seat."
39. in Article 2fa (1), point (d) is deleted;
Points (e) to (g) shall be renumbered (d) to (f).
40. in Article 2fa (2) (a), the word "registered office" shall be replaced by the words "registered office," the words "descriptive and" shall be replaced by "descriptive or registration number," where appropriate, "the word" name "shall be replaced by the words" personal name, "and the words" allocated at the end of the text of the letter shall be added. "
41. in § 2fa (2) (b):
"(b) for a foreign legal person, the address of the location of the organisational component in the Czech Republic and the data relating to the management of the organisational component referred to in Section 2f (3) (a), with the exception of the declaration of non-imposition of a ban on agricultural production; If the leading organisational unit is a person residing outside the Czech Republic, the place of residence in the Czech Republic shall also be indicated if it has been authorised, '.
42. in Article 2fa (2), point (c) shall be deleted;
Points (d) and (e) shall be renumbered (c) and (d).
43.Paragraph 2fa (3) reads as follows:
"(3) The municipal authority of the municipality with extended competence which issued the certificate of registration of an agricultural entrepreneur shall assign an identification number to the agricultural entrepreneur provided by the administrator of the basic register of legal persons, natural persons and public authorities. '
44. in Paragraph 2fa (5):
"(5) The agricultural entrepreneur shall notify the municipal authority of the municipality with the extended scope of the change in the data entered in the records of the agricultural entrepreneur no later than 15 days after the date on which such changes took place. This obligation is not the responsibility of an agricultural entrepreneur if there are changes to the reference data recorded in the basic registers, in the population information system, in the business register or in the alien information system. Following notification of the change by the entrepreneur or on the basis of information provided from the basic registers, from the business register, from the agency information system of the resident or agency information system of foreigners concerning the data entered in the records of the agricultural entrepreneur, the municipal authority of the municipality with the extended scope of registration in the records of the agricultural entrepreneur shall, upon request, issue to the agricultural entrepreneur a change certificate of registration of the agricultural entrepreneur. ';
45. in Article 2fa (6), the word "competent" shall be deleted and the words "Where an agricultural operator intends to continue to operate agricultural production before the expiry of the period for which the operation of agricultural production has been interrupted shall be added at the end of the paragraph, it shall be required to notify the municipality in writing in advance of the extended operation. The agricultural production operation may be continued by the farmer on the date on which the application is submitted, but not earlier than the date on which the notification of the continuation of the agricultural production operation to the municipal authority of the municipality with extended scope was received. ';
46. in Article 2fb (2), the words "public list" shall be replaced by the words "place of business" shall be replaced by the words "seat," the words "focus on agricultural production," or no longer meet the conditions set out in Article 2e (1), "the words" the date of entry in the register of the agricultural operator "shall be inserted after the words" the date of entry in the register of the agricultural operator, "and the words" that person "shall be inserted," the words shall be deleted, the words shall be inserted after the words "that person. In addition, an extract may be issued from a private part at the request of a court, administrative authority or Supreme Audit Office '.
47. in § 2fb (4) (b), § 2fb (5) (a) and § 2fb (6) (a), the word "name" is replaced by "personal name."
48. in Article 2fb (5) (f) and in Article 2fb (6) (h), the words "depriving or restricting legal capacity" shall be replaced by the words "limitation of incapacity."
49. in Paragraph 2g (1), the words "and did not notify the municipal authority of the municipality with the extended scope of the interruption of agricultural production or no longer fulfil the conditions of § 2e (1)" shall be added at the end of the text of point (a).
50. in § 2g, paragraph 4 is deleted;
51. After § 2h, the following § 2ha is inserted:
Local jurisdiction of the registration of an agricultural entrepreneur
An application for registration in, an application for an amendment to, or withdrawal from, the register may be lodged with any municipal authority of the municipality with extended scope. ';
52. in Article 2i (1), (2) and (4), the words "soil block," and "soil block," shall be deleted;
53. In § 2i (2) (d), § 3n (1) and (2) and § 3o (2) and (3), the word "Ministry" is replaced by "Fund."
54. In Article 3, at the end of paragraph 1, the sentence "The competent authority shall provide expert and advisory assistance to applicants before applying for grants."
55. in Article 3 (2), point (b) is deleted;
Points (c) to (e) shall be renumbered (b) to (d).
56. in Article 3 (2), the comma at the end of point (c) shall be replaced by a dot and point (d) shall be deleted;
57. In Article 3, the following paragraph 3 is inserted after paragraph 2:
"(3) Applications for grants and further submissions may also be submitted in electronic form by electronic application of the competent authority to which the competent authority shall establish access on request. An application for a grant and a further submission made by means of an electronic application of the competent authority in a way that allows remote access shall not require the signature of a recognised electronic signature. ';
Paragraphs 3 to 13 shall be renumbered paragraphs 4 to 14.
58. in § 3 (5) (a), § 3a (3) (c) and § 3a (6), the words "under § 3i (a) to (g) or (k)" shall be replaced by the words "provided for by a government regulation under § 3i";
(59) In Article 3 (5) (a), the words "user relations" are deleted.
(60) footnote 20 reads:
"20) § 23b of Act No. 154 / 2000 Coll., on the breeding, breeding and registration of livestock and on the amendment of certain related laws (Breeding Act), as amended. Decree No. 136 / 2004 Coll., laying down details of the marking of the animals and their registration and registration of holdings and persons provided for by the Breeding Act, as amended. '
61.Paragraph 3 (6) reads:
"(6) The competent authority shall not grant the subsidy if the land for which the subsidy is to be granted is not situated in the Czech Republic. '
62. in Paragraph 3 (7), "5" is replaced by "6 and 8."
63.In Article 3 (9), the words "and the European Maritime and Fisheries Fund" shall be inserted after the words "European Fisheries Fund9."
64. in Article 3 (11) to (14), "9" is replaced by "10."
65. Paragraph 3a, including footnote 25 to 33, reads as follows:
(1) Land use records are used to verify the correctness of the data provided in the application, the purpose of which is the subsidy provided for in Article 3 (5) (a), to check compliance with the conditions for granting the subsidy, to register organic farming, to register fruit orchards, to register the cultivation of the genetically modified variety (§ 2i), to claim a refund of excise tax (25), to register the cultivation of poppy seed and hemp (26), and to register the areas for the management of flood soils (27).
(2) The land use register is a public administration information system, the administrator of which is the Ministry. The Fund shall update the land use records. Land use records shall include:
(a) land records;
(b) the registration of ecologically important elements; and
(c) the holding register according to the premises intended to be kept by registered animals (28), with the exception of bees (hereinafter referred to as "the register of objects").
(3) The Ministry and the Fund are provided for the exercise of their powers under this Act
(a) reference data from the population base register;
(b) data from the population registration agendas information system;
(c) data from the agency information system of foreigners.
(4) The data provided under paragraph 3 (a) are:
(a) personal name, names, surnames, if any;
(b) the date and place of birth, with the data subject who was born abroad, the date, place and state where he was born;
(c) the date and place of death, if the death of the data subject is outside the territory of the Czech Republic, the date of death, the place and the State in whose territory the death occurred; if the court's decision on the declaration of death is given, the date on which the decision is referred to as the day of death or the day on which it was declared dead, and the date on which the decision was acquired;
(d) the address of the place of stay; and
(e) citizenship and, where appropriate, multiple citizenship.
(5) The data provided under paragraph 3 (b) shall be:
(a) personal name, names, surnames, if any;
(b) the date and place of birth;
(c) the birth number, if assigned,
(d) the address of the place of permanent residence; and
(e) citizenship and, where appropriate, multiple citizenship.
(6) The data provided under paragraph 3 (c) shall be:
(a) personal name, names, surnames, if any;
(b) the date and place of birth;
(c) citizenship and, where appropriate, multiple citizenship;
(d) the type and address of the place of stay;
(e) the beginning of the stay or, where appropriate, the date of termination of the stay.
(7) Data which are kept as reference data in the population base register shall be used from the population registration agendas or from the alien agendas only if they are in the form preceding the current situation.
(8) Only such data as are necessary to fulfil the task may be used from the data provided in a particular case.
(9) The basic unit of land registration is soil block 29) with a minimum area of 0,01 ha, which represents
(a) the continuous area of agricultural land clearly situated on the ground, separated in particular by forest area, paved path, infrastructure, surface water body or permanent agricultural land, which may contain an ecologically important element surrounded by agricultural area (30);
(b) a continuous water area used for the purpose of fish farming, aquatic animals and plant cultivation in the water body of surface water, for the purpose of operating a pond under another legislation31); or
(c) the continuous area of wooded land which has been kept in the land register as agricultural land with agricultural culture as laid down by the Government Decree pursuant to Article 3i.
(10) An organically significant element which is not part of the soil block referred to in paragraph 9 (a) shall also be considered as a soil block, and at the same time immediately adjacent to the agricultural land managed, registered as the soil block referred to in paragraph 9.
(11) Soil block is recorded in the land register
(a) soil block identification number;
(b) area of the soil block;
(c) the area of eligible area, provided that this is provided for in the directly applicable European Union Regulation; and
(d) a separate area within the soil block which does not constitute a part of the soil block referred to in paragraph 12, including its area.
(12) The part of the soil block which is part of the soil block represents a continuous area of soil with a minimum area of 0,01 ha whose boundaries can be identified in the field; and
(a) in which the natural or legal person (hereinafter referred to as "the user") carries out, in his own name and under his own responsibility, agricultural activity; and
(b) it shall have one type of agricultural culture established in accordance with Article 3i and, where appropriate, shall have an organically important element in accordance with Article 3aa (4).
(13) A continuous land area shall also be registered as part of the soil block referred to in paragraph 12,
(a) which is managed in the context of organic farming or at the stage of the transitional period in the context of organic farming under the Organic Agriculture Act; or
(b) it is subject to a measure the conditions of which are laid down in other legislation33) requiring it to be carried out on a separate part of the soil block; or
(c) which is responsible in the framework of the register of vineyards kept under the Vineyard and Wine-growing Act, the register of hops maintained under the hop protection law, or in the context of the records of fruit orchards, the register number of vineyards, hops, or the fruit orchard.
(14) For the part of the soil block is registered
(a) land block jurisdiction;
(b) the soil block part identification number,
(c) area of the soil block part;
(d) the area of the eligible area, provided that the European Union Regulation is directly applicable,
Sign in for notes, favorites and notifications
Regulation Information
| Citation | Act No. 179 / 2014 Coll., amending Act No. 252 / 1997 Coll., on Agriculture, as amended, and other related laws |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 29.08.2014 |
|---|---|
| Effective from | 01.01.2015 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
Comments 0