Decree No. 196 / 2005 Coll.
Government regulation laying down certain conditions for the application of premium rights to suckler cows and, where appropriate, to ewes
Valid
Regulation
Effective from 01.07.2005
Text versions:
01.07.2005
26.05.2005
196
GOVERNMENT REGULATION
of 11 May 2005
laying down certain conditions for the application of premium rights to suckler cows and, where appropriate, to ewes
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. 85 / 2004 Coll., and for the implementation 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. 128 / 2003 Coll.:
Subject matter
This Regulation (1) regulates the conditions for:
(a) setting an individual limit on premium rights for suckler cows and, where appropriate, for ewes;
(b) the fulfilment and distribution of the national reserve of premium rights for suckler cows and, where appropriate, for ewes (3), in order to allocate a new individual limit on premium rights for suckler cows, or, where appropriate, for breeding ewes, or for increasing the individual limit on premium rights for suckler cows and, where appropriate, for farmers of ewes (hereinafter referred to as "the breeder") 4;
(c) the treatment of premium rights for suckler cows and, where appropriate, for ewes;
implemented by the State Agricultural Intervention Fund (hereinafter referred to as the Fund).
National reserve of premium rights
(1) The initial situation of the national reserve of premium rights for suckler cows and, where appropriate, for ewes (hereinafter referred to as the "national reserve ') on the date of entry into force of this Regulation shall be as follows:
(a) for the production of suckler cows, 140 premium rights;
(b) for the breeding of ewes 749 premium rights.
(2) The national reserve is increased by premium rights for suckler cows and, where appropriate, for ewes, which have been reduced by the individual limit of premium rights for suckler cows and, where appropriate, for ewes referred to in Article 4.
(3) The Fund shall publish, by 30 September at the latest of the calendar year in question, in a manner that allows remote access, the national reserve status by 31 August of that calendar year.
(4) The Fund shall not divide the national reserve in the relevant calendar year if its status as published in accordance with paragraph 3 is not higher than:
(a) 4 premium rights for suckler cows;
(b) 11 premium rights for breeding ewes.
Allocation of new individual premium rights limit and increase of individual premium rights limit
(1) An application by the breeder to allocate a new individual limit to premium rights for suckler cows and, where applicable, for ewes, from the national reserve, or an application to increase the existing individual limit to premium rights for suckler cows and, where appropriate, for ewes, from the national reserve ("the application") shall be submitted to the Fund by 31 October of the calendar year concerned at the latest, using the form issued by the Fund. An integral part of the application is the valid evidence of the registration of the applicant's business under the Commercial Code (5) and, in the case of an application for an increase in the existing individual premium limit, also a document demonstrating the level of premium rights for suckler cows and, where applicable, for ewes held by the applicant at the date of application.
(2) The applicant shall indicate in the application:
(a) the farm registration number according to the information system of the central livestock register (6) (hereinafter referred to as the central register);
(b) the number of suckler cow premium rights and, where appropriate, the ewes which it requires from the national reserve;
(c) the total number of suckler cows and, where appropriate, the ewes kept at the date of application; for suckler cows, the applicant shall indicate in the application the identification numbers of suckler cows, including breeding capacity; for ewes, the applicant shall indicate in the application the identification numbers of the ewes,
(d) the area of the agricultural land used by him in the land register according to the user reference (7) (hereinafter referred to as "the register") on the date on which the application was submitted with a distinction in the area of agricultural land situated in:
1. less favourable mountain areas (8),
2. less favourable areas with specific limitations (9);
3. other less favourable areas (10),
4. areas with environmental restrictions 11).
(3) The application includes a document issued under a special legislation (12) concerning the absence of a dangerous disease (13)
(a) infectious bovine rhinotracheitis (IBR) 13 or paratuberucsis of bovine animals 13, suckler cows and, where appropriate, suckler cows
(b) Maedi Visna13) for ewes,
as indicated in the application referred to in paragraph 2.
(4) The minimum number of suckler cow premium rights and, where appropriate, of ewes eligible for allocation from the national reserve shall, in the case of an application by an applicant who does not hold suckler cow premium rights and, where applicable, for ewes,
(a) 3 premium rights for suckler cows;
(b) 10 premium rights for breeding ewes.
(5) When examining applications, the Fund will verify the data provided in the application and compare it with the data kept in the central register.
(6) The Fund shall decide to reject the application if:
(a) the applicant asks for a new individual limit on premium rights for suckler cows and, where appropriate, for ewes, or for an increase on the existing individual limit on premium rights for suckler cows and, where appropriate, for ewes, and the total number of suckler cows and, where appropriate, ewes held at the date on which the application is submitted, shall be lower than the sum of premium rights for suckler cows and, where appropriate, for ewes, documented in accordance with paragraph 1 and the required number of suckler cow premium rights and, where appropriate, for ewes, in accordance with paragraph 2 (b);
(b) an applicant who does not hold premium rights for suckler cows and, where appropriate, for ewes shall apply for a lower number of premium rights for suckler cows and, where appropriate, for ewes than referred to in paragraph 4.
(7) When deciding on the allocation of the individual limit of premium rights for suckler cows and, where appropriate, for ewes, from the national reserve, the Fund shall evaluate applications for which the correctness of data with central register data has been verified by means of the scores listed in the Annex to this Regulation.
(8) The Fund will first satisfy the applicant from the national reserve, who is not yet holding the individual limit of the premium rights for suckler cows and, where appropriate, for ewes (14), moving from applications with the highest number of points allocated pursuant to paragraph 7 to the exhaustion of the national reserve. If applications with the same number of points allocated pursuant to paragraph 7 cannot be satisfied at the amount requested, the Fund shall satisfy the application in proportion. The Fund shall ensure that, as a result of the proportional satisfaction of the application, no new individual limit on premium rights for suckler cows and, where appropriate, for ewes, is allocated to fewer than 3 suckler cows and 10 suckler premium rights, respectively.
(9) If, following the distribution of the premium rights referred to in paragraph 8, a part of the national reserve remains unused, the Fund shall decide on the applicants' application to increase the existing individual limit of the premium rights for suckler cows and, where appropriate, for ewes, in a similar manner to those provided for in paragraph 8. At the same time as the decision to increase the existing individual limit on suckler cow premium rights and, where appropriate, on ewes, the Fund shall notify the applicant of the new total amount of the individual limit on suckler cow premium rights and, where appropriate, on ewes.
(10) Where the procedure referred to in paragraph 8 or 9 results in the allocation of premium rights for suckler cows and, where appropriate, for ewes, with a decimal number remaining, the number of premium rights for suckler cows and, where appropriate, for ewes, the number of suckler cows shall be rounded down to the whole number.
(11) The Fund shall, for the allocation of the national reserve in the relevant calendar year, proceed to at least:
(a) 1 premium right for suckler cows;
(b) 1 premium right for the breeding of ewes.
Reduction or withdrawal of individual premium rights limit
(1) Where the breeder does not apply, in the relevant calendar year, to the grant of national additional payments to direct aid relating to premium rights for suckler cows and, where applicable, for ewes), the individual limit on premium rights for suckler cows and, where appropriate, for full ewe breeding (16), the Fund will reduce its individual premium limit on suckler cows and, where appropriate, on the breeding of ewes for non-valid premium rights for suckler cows and, where appropriate, on the breeding of ewes.
(2) The Fund will reduce the individual limit of premium rights for suckler cows and, where applicable, for ewes to a breeder who has acquired it or part of it from another breeder by 15% of the premium rights transferred to suckler cows and, where appropriate, to ewes); The Fund shall not make a reduction if the reduction does not reach at least 1 premium right for suckler cows or for ewes.
(3) The reduction provided for in paragraph 2 shall not be made where the transfer or transfer of premium rights to suckler cows or, where appropriate, to ewes is sought,
(a) in the context of the sale of the whole undertaking or its parts (18);
(b) under the lease of an undertaking or part thereof;
(c) as part of the donation between relatives in the straight line of 19),
(d) within the framework of succession 20),
(e) as a result of the disappearance of a legal person without liquidation15),
(f) for a fixed period, as prescribed by the European Community16).
(4) The reductions referred to in paragraph 2 shall also not be made if there is a force majeure or an exceptional threat to the production of suckler cows or ewes, as the case may be, in accordance with European Community rules (21).
(5) The provisions of paragraph 1 shall not apply in the calendar year in which the national additional payments to direct aid relating to premium rights for suckler cows and, where appropriate, for ewes 15 are not granted.
(6) Where the procedure referred to in paragraph 2 results in a reduction in the individual limit of premium rights for suckler cows and, where appropriate, for ewes, with a decimal figure remaining, the number of premium rights for suckler cows and, where appropriate, for ewes, the total number of suckler cows shall be rounded down.
Transfer and transfer of premium rights
(1) The transfer of premium rights to suckler cows or to ewes in accordance with European Community rules (2), the breeder and the person in favour of whom the transfer was made (the acquirer) shall be notified in writing to the Fund by means of a form issued by the Fund no later than 30 days from the date on which such transfer took place. In the notification, the breeder and the acquirer shall indicate and demonstrate whether the transfer is in accordance with Article 4 (3) (a) to (c) and (f). The breeder and the acquirer shall accompany the notification with the document by which the transfer was made.
(2) The Fund shall not confirm the effectiveness of the transfer under the rules of the European Community2) if the transfer is
(a) less than 3 suckler cow premium rights or, where appropriate, 10 suckler premium rights per person not yet allocated premium rights;
(b) between a breeder whose share of the area of its cultivated grassland by register in a less favourable area or area with environmental restrictions at the date of notification of the transfer of the Fund is at least 50% of the total area of its cultivated grassland at that date and a breeder whose share of the area of its cultivated grassland at the date of notification of the transfer of the Fund is less than 50% of the total area of its cultivated grassland at that date;
(c) between a farmer who manages grassland according to the land register in a less favourable area or an area with environmental restrictions at the date of notification of the transfer of the Fund and a farmer whose share of the area of its cultivated grassland according to the land register in a less favourable area or area with environmental restrictions at the date of notification of the transfer of the Fund shall be less than 50% of the total area of its cultivated grassland at that date.
(3) If the transfer is not provided for in Article 4 (3) (a) to (c) and (f), the Fund shall, in the decision referred to in paragraph 2, confirm the effectiveness of the transfer of premium rights to suckler cows and, where appropriate, to ewes, provide for a reduction of the individual limit of premium rights to suckler cows and, where appropriate, to the suckler ewes referred to in Article 4 (2).
(4) The provisions of paragraphs 1 to 3 shall apply mutatis mutandis to the transfer of premium rights to suckler cows and, where appropriate, to the breeding of ewes in accordance with the provisions of the European Community (2), with the notification being made by the transferee and accompanied by proof of the acquisition of the inheritance or of the legal succession in the event of the disappearance of a legal person without liquidation.
Transitional provisions
(1) The individual limits for obtaining suckler cow premiums set by breeders under Government Regulation No 242 / 2003 Coll., on the conditions for setting individual limits for obtaining suckler cow premiums, as amended by Government Regulation No 446 / 2003 Coll., are considered to be an individual limit on premium rights for suckler cows under European Community and this Regulation.
(2) Individual limits for the acquisition of the ewes premium set by breeders under Government Regulation No 241 / 2003 Coll., on the conditions for setting individual limits for the acquisition of the ewes and goats premiums, as amended by Government Regulation No 445 / 2003 Coll., are to be considered as an individual limit on the rights to the ewes premium under European Community and under this Regulation.
(3) A breeder holding individual limits for the acquisition of suckler cow premiums and, where applicable, for the production of ewes established pursuant to Government Regulation No 242 / 2003 Coll., on the conditions for the setting of individual limits for the acquisition of suckler cow premiums, as amended by Government Regulation No 446 / 2003 Coll., and, where applicable, by Government Regulation No 241 / 2003 Coll., on the conditions for the award of individual limits for the production of suckler cow premiums, as amended by Government Regulation No 445 / 2003 Coll., shall notify within 15 days of the date of the entry into force of this Regulation the transfer or conversion of those individual limits of the Fund; If the breeder does not fulfil this reporting obligation, the Fund shall not grant him a national additional payment to direct aid (14) relating to premium rights for suckler cows and, where appropriate, for ewes.
(4) The time limit for the notification of the transfer or transfer of individual limits for the premium for suckler cows and, where applicable, for the production of ewes provided for in Government Regulation No. 242 / 2003 Coll., on the conditions for the fixing of individual limits for the premium for suckler cows, as amended by Government Regulation No. 446 / 2003 Coll., or Government Decree No. 241 / 2003 Coll., on the conditions for obtaining individual limits for the premium for breeding of ewes and goats, as amended by Government Regulation No. 445 / 2003 Coll., and taken from the date of entry into force of the Treaty on the accession of the Czech Republic to the European Union by the date of entry into force of this Regulation, the Fund, is 15 days from the date of entry into force of this Regulation.
(5) Paragraph 5 shall apply mutatis mutandis to the notification of the breeder made pursuant to paragraphs 3 and 4.
(6) Individual limits for the acquisition of the goat premium, established pursuant to Government Regulation No 241 / 2003 Coll., on the conditions for the establishment of individual limits for the acquisition of the ewes and goats premium, as amended by Government Regulation No 445 / 2003 Coll., cannot be applied and the legal effects will cease.
(7) For the allocation of the national reserve referred to in Article 2 (1), the application referred to in Article 3 (1) may be submitted no later than 30 days after the date of entry into force of this Regulation.
Repeal
The following shall be deleted:
1. Government Decree No. 241 / 2003 Coll., on the conditions for setting individual limits for obtaining premiums for the breeding of ewes and goats.
2. Government Decree No. 242 / 2003 Coll., on the conditions for setting individual limits for obtaining suckler cow premiums.
3. Government Decree No. 445 / 2003 Coll., amending Government Decree No. 241 / 2003 Coll., on the conditions for setting individual limits for obtaining the premiums for breeding ewes and goats.
4. Government Decree No. 446 / 2003 Coll., amending Government Decree No. 242 / 2003 Coll., on the conditions for setting individual limits for obtaining suckler cow premiums.
Efficacy
This Regulation shall enter into force on 1 July 2005.
Prime Minister:
Ing. Paroubek v. r.
Minister for Agriculture:
Ing. Zgarba v. r.
Annex to Government Decree No. 196 / 2005 Coll.
Point evaluation of applications for the allocation of individual premium rights to suckler cows and to ewes from the national reserve
1. Point assessment of the application of an applicant who does not hold an individual limit on premium rights for suckler cows and, where appropriate, for ewes
| Označení podmínky | Podmínka | Počet bodů při splnění podmínky |
|---|---|---|
| Část A | ||
| 1 | Fyzická osoba ve věku do 40 let ke dni podání žádosti | 10 |
| 2 | Žadatel nesplňující podmínku 1 | 6 |
| Část B | ||
| 1 | Žadatel, u něhož podíl výměry obhospodařovaných | 10 |
| 2 | Žadatel, který nesplňuje podmínku 1 a u něhož podíl výměry obhospodařovaných | 8 |
| 3 | Žadatel, který nesplňuje podmínku 1 a zároveň 2 a u něhož podíl výměry obhospodařovaných | 7 |
| 4 | Žadatel, u něhož podíl výměry obhospodařovaných | 7 |
| 5 | Žadatel, který nesplňuje podmínku 4 a u něhož podíl výměry obhospodařovaných | 5 |
| 6 | Žadatel, který nesplňuje podmínku 4 a zároveň 5 a u něhož podíl výměry obhospodařovaných | 4 |
| 7 | Žadatel, u něhož podíl výměry obhospodařovaných | 4 |
| 8 | Žadatel, který nesplňuje podmínku 7 a u něhož podíl výměry obhospodařovaných | 3 |
2. Point assessment of the applicant's application holding the individual premium rights limit for suckler cows and, where applicable, for ewes
| Označení podmínky | Podmínka | Počet bodů při splnění podmínky |
|---|---|---|
| 1 | Žadatel, u něhož podíl výměry obhospodařovaných | 10 |
| 2 | Žadatel, který nesplňuje podmínku 1 a u něhož podíl výměry obhospodařovaných | 8 |
| 3 | Žadatel, který nesplňuje podmínku 1 a zároveň 2 a u něhož podíl výměry obhospodařovaných | 7 |
| 4 | Žadatel, u něhož podíl výměry obhospodařovaných | 7 |
| 5 | Žadatel, který nesplňuje podmínku 4 a u něhož podíl výměry obhospodařovaných | 5 |
| 6 | Žadatel, který nesplňuje podmínku 4 a zároveň 5 a u něhož podíl výměry obhospodařovaných | 4 |
| 7 | Žadatel, u něhož podíl výměry obhospodařovaných | 4 |
| 8 | Žadatel, který nesplňuje podmínku 7 a u něhož podíl výměry obhospodařovaných | 3 |
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.
3) Article 122 (d) of Council Regulation (EC) No 1782 / 2003. Article 112 (a) of Council Regulation (EC) No 1782 / 2003.
4) § 2 (d) of Act No. 154 / 2000 Coll., on the Breeding, Breeding and Registration of Animals and on the Amendment of Certain Related Acts (Breeding Act), as amended by Act No. 282 / 2003 Coll.
5) Paragraph 2 (2) of the Commercial Code.
6) Decree No. 136 / 2004 Coll., laying down the details of the marking and registration of the animals and of the holdings and persons provided for by the Breeding Act.
7) § 3a et seq. of 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. and Act No. 317 / 2004 Coll.
8) Paragraph 4 of Decree No. 241 / 2004 Coll., on the conditions for implementing aid to less favourable areas and areas with environmental restrictions.
9) § 6 of Decree No. 241 / 2004 Coll.
10) Article 5 of Decree No. 241 / 2004 Coll.
11) § 7 of Decree No. 241 / 2004 Coll.
12) Sections 10 and 13 of Act No. 166 / 1999 Coll., on Veterinary Care and Amendment of Certain Related Acts (Veterinary Act), as amended by Act No. 102 / 2001 Coll. and Act No. 131 / 2003 Coll.
13) Annex No 2 to Act No. 166 / 1999 Coll., as amended by Act No. 131 / 2003 Coll.
14) Article 128 (3) of Council Regulation (EC) No 1782 / 2003.
15) Article 143c of Council Regulation (EC) No 1782 / 2003.
16) Articles 78, 79, 108 and 109 of Commission Regulation (EC) No 1973 / 2004.
17) Articles 117 and 127 (1) of Council Regulation (EC) No 1782 / 2003.
18) § 476 et seq. of the Commercial Code.
19) § 628 et seq. of the Civil Code.
20) § 460 et seq. of the Civil Code.
21) Article 48 of Commission Regulation (EC) No 2419 / 2001 of 11 December 2001 laying down detailed rules for the application of the integrated administration and control system for certain Community support schemes established by Council Regulation (EEC) No 3508 / 92. Article 40 of Council Regulation (EC) No 1782 / 2003.
22) Article 4 of Government Decree No. 241 / 2004 Coll., on the conditions for implementing aid to less favourable areas and areas with environmental restrictions.
23) § 3a et seq. of 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. and Act No. 317 / 2004 Coll.
24) § 5 of Decree No. 241 / 2004 Coll.
25) § 6 of Decree No. 241 / 2004 Coll.
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Regulation Information
| Citation | Government Decree No. 196 / 2005 Coll., laying down certain conditions for the exercise of premium rights on suckler cows and, where appropriate, on ewes |
|---|---|
| Regulation Type | Regulation |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 26.05.2005 |
|---|---|
| Effective from | 01.07.2005 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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