Act No. 208 / 2019 Coll.
Act amending Act No. 252 / 1997 Coll., on Agriculture, as amended, and 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
Valid
Law
Effective from 01.01.2020
208
THE LAW
of 25 July 2019
amending Act No 252 / 1997 Coll., on Agriculture, as amended, and Act No 256 / 2000 Coll., on the State Agricultural Intervention Fund and amending certain other acts (Act on the State Agricultural Intervention Fund), as amended
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. 261 / 2009 Coll., Act No. 73 / 2011 Coll., Act No. 167 / 2012 Coll., Act No. 95 / 2009 Coll., Act No. 109 / 2009 Coll., Act No. 291., Act No. 291.
1. In Article 2d (2), the words "the Ministry or the person by whom it is delegated 'shall be replaced by the words" the Fund' and, at the end of the text of the paragraph, the words "except for the implementation of aid for genetic resources implemented by the Ministry or by the person by whom it is authorised 'shall be added.
2. Paragraph 2d (3) is deleted.
3. in Article 2e (1) (b), the words "or document proving the issue of a visa for stay over 90 days or a long-stay permit" shall be inserted after the words "the territory of the Czech Republic."
4. In Paragraph 2e (1), at the end of point (c), the dot is replaced by "a 'and the following point (d) is added:
"(d) where a minor who has been granted a legal right by a court or with whom the court has authorised a legal representative to carry out agricultural production on his own, he shall also document the decision of the court to grant his or her right or to elect a legal representative.";
5. in Article 2f (3) (b), the words "; in the case of a person who, for business purposes, establishes an organisational component in the Czech Republic, the address of its location, containing the municipality, its part, the street name, the descriptive number or the registration number or, where appropriate, the indicative number, if assigned, the postal code and the details of the manager of that organisational component referred to in (a)" shall be replaced by the words "the designation and address of the location of the fissile plant in the Czech Republic, if established."
6. In Article 2f (3), at the end of the text in point (g), the word "a 'is deleted; at the end of the text in point (h), the dot is replaced by a comma and the following points (i) and (j) are added:
"(i) the title or the scientific rank of persons referred to in points (a) and (b) entered in the identity card under the Civil ID Act (hereinafter referred to as" title or scientific rank ") if they are used in the operation; and
(j) any requirement for an automatic change of the address of the registered office according to the address of the residence. ';
7. in Articles 2f (4) (a), 2fa (1) (a) and (b) and 2fb (2), the words "title or scientific rank" shall be inserted after the word "surname."
8. in Article 2f (4) (a), the words "if not a citizen of the Czech Republic or a citizen of another Member State of the European Union" shall be deleted and the words "and the words" shall be replaced by "the legal person, its statutory authority or its member."
9. in Article 2f (4) (b), the words "which, for the purpose of business, establishes an organisational component in the Czech Republic, its location in the Czech Republic and the data relating to the leading organisational component" shall be replaced by the words "the designation and address of the location of the fissile plant in the Czech Republic and the data relating to the representative of the fissile plant."
10. In § 2fa (1) (b), the words "address of residence outside the Czech Republic, address of residence in the Czech Republic, if it has been allowed 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 branch is a person residing outside the Czech Republic, the place of residence in the Czech Republic, if it has been authorised, shall also be replaced by" the address of the place of residence in the Czech Republic, if it has been granted permanent residence, the name and address of the location of the fissile plant in the Czech Republic. "
11. In Article 2fa (2) (a), the words "and, where appropriate, the name, surname, birth number, date of birth, place of permanent residence of the person or persons who are his statutory authority or members thereof, have not been heard in the case of a citizen of the Czech Republic or a citizen of a Member State of the European Union; where the statutory authority or its member is a legal person, a trading firm or a name, address of the registered office and identification number, if assigned, ';
12. In Article 2fa (2) (b), the words "the address of the location of the organisational component in the Czech Republic and the information relating to the management of the organisational component referred to in Article 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 resident outside the Czech Republic, the place of residence in the Czech Republic, if it has been authorised for it, shall also be replaced by" the designation and address of the location of the fissile plant in the Czech Republic and the data relating to the representative of the fissile plant referred to in § 2f (3) (a), except for the declaration of non-imposition of the ban on agricultural production '.
13. In Article 2fa, at the end of the text of paragraph 5, the sentence "If a change in the place of residence of an entrepreneur and an entrepreneur is notified to the municipal authority of the municipality with extended jurisdiction that, when the change of residence requires the change of registered office to the same address as the address of residence, it shall not be obliged to notify the change of registered office of the municipality with extended jurisdiction only if the address is not the address of the office. '
14. In Article 2fa (6), the words "and end on the date indicated in the notification 'shall be inserted after the words" the notification' and the word "the application 'shall be replaced by" the notification'.
15. In Article 2fb (2), the words "with a foreign natural person also residing outside the Czech Republic, identification number, date of registration in the register of an agricultural entrepreneur" shall be replaced by the words "with a foreign natural person also residing outside the Czech Republic, if he has not been authorised for permanent residence, identification number, date of registration in the register of an agricultural entrepreneur, date of commencement of the operation of agricultural production, details of the legal successor."
16. in Article 2g (1) (a), the words "more than 24 calendar months" shall be deleted;
17. in Article 2g (1) (e), the words "or legal" shall be inserted after the words "physical."
18. in Article 2g (1), in the final part, the word 'resolution' shall be replaced by 'decision'; the words' withdrawal from the farm register 'shall be replaced by the words' (a), (d) and (e) 'and the words' resolution 'shall be added to the file only' shall be replaced by the words' exclusion from the farm register referred to in (b) and (c) shall be decided by the municipal authority of the municipality with extended scope of the resolution, which shall only appear on the file ';
19. In Paragraph 2g (2), the sentence "The municipal authority of the municipality with extended scope shall enter the information on the successor in accordance with Article 2f (3) (a) in the information system of the farm operator's register and issue him a change certificate."
20. in Article 3a (11) (b), the words "and the type of agricultural culture established under Article 3i" shall be inserted after the word "block."
21. in Article 3a (12), the words "whose boundaries can be identified in the field" shall be replaced by the words "whose borders can be visibly identified in the field against the surrounding area."
22. in Article 3a (12) (b), the word "grown" is replaced by "registered."
23. in Article 3ab (2), the words "and the area of the eligible area of the soil block part" shall be added at the end of point (b).
24. in § 3ab (2) (f), the words "except for user details of an object pursuant to § 3o (7)" shall be inserted after the words "e-address."
25. in Paragraph 3g (1), the words "or change in the area of the eligible area of the part of the soil block according to the procedure referred to in the second sentence of paragraph 4 shall be added at the end of the text of point (a)."
26. in Article 3g (2), the sentence "The time limits laid down in the procedure for updating the land register shall end in vain with the end of the period laid down by the Fund or with the implementation of an act on the matter set out in the call for the last of the parties concerned."
27. in Article 3g (3), the sentence "The first act in the matter is to issue a notification of updating the land register."
28. In paragraph 3 (4), the following sentence is added at the end of the text: "If, in accordance with the Fund procedure referred to in paragraph 3 or the first sentence of this paragraph, the Fund finds that the user has fulfilled the conditions laid down in paragraph 3a (12) for agricultural land, the soil block part shall be marked in the soil register and the area of the eligible area shall be reduced by a part of the soil block for which the legal reason for using the agricultural land has not been substantiated. '
29. in Article 3g (5), the words "in the context of the management" shall be inserted after the word "land"; the words "or the complete removal of part or whole part of the soil block from the land register" shall be inserted after the word "update"; the words "or" removal from. "
30. in Paragraph 3g (8), the words' the application 'shall be replaced by' the complaint ';
31. in § 3g, the following paragraph 17 is added:
"(17) The Fund shall update the land block parts in accordance with the order followed, unless otherwise provided by the law, by the time when the notification of the amendment referred to in paragraph 1 was received by the Fund or by the time the Fund initiated the procedure referred to in paragraph 8. ';
32. in Article 3n (1), the words "In case of doubt as to the correctness of the information given" shall be replaced by the words "In case of doubt as to the accuracy of the data entered in the register of objects or" and at the end of the text the sentence "On the basis of the facts established, the Fund shall update the data in the register of objects and issue a certificate thereof to the breeder."
33. In Paragraph 3o (1), the sentence "The breeder is obliged to notify the Fund of a change in the location of the object or a change in the type of object provided for in the Government Decree pursuant to Article 3l, not later than 15 days from the date on which the event occurred; The fund shall issue a confirmation of the breeder. ';
34. in Paragraph 3o, the following paragraph 2 is inserted after paragraph 1:
"(2) The Fund may, on the basis of its own findings or initiative, make use of available orthophotographic maps, satellite or aerial metering images or field surveys, adjust the progress of the boundaries of the registered livestock establishment and issue a certificate to the breeder. ';
Paragraphs 2 to 5 shall be renumbered paragraphs 3 to 6.
35. in Paragraph 3o (4), the second sentence is deleted;
36. in Article 3o (5), the words "on the particulars given" shall be replaced by the words "Fund on the correctness of the data entered in the register of objects or."
37.In Paragraph 3o (6), "4" is replaced by "5."
38. In Article 3o, the following paragraph 7 is added:
"(7) In the case of domestic pigs kept by the breeder, the updating of the records of the objects of the Fund shall be based on information from the central register kept under the Breeding Act (47); paragraphs 1 to 5 shall apply mutatis mutandis. ';
39. in Article 5 (1) (d) (1), "(a) or (b)" shall be replaced by "(a), (b) or (f)";
Transitional provision
Proceedings initiated under Act No. 252 / 1997 Coll., as effective before the date of entry into force of this Act and until that date definitively completed, shall be completed in accordance with existing legislation.
Amendment of the Act on the State Agricultural Intervention Fund
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., Act No. 41 / 2004 Coll., Act No. 85 / 2004 Coll., Act No. 128 / 2004 Coll., Act No. 108 / 2004 Coll., Act No. 482 / 2004 Coll., Act No. 441 / 2005 Coll., Act No. 130 / 2006 Coll., Act No. 100 Coll., Act No. 250 / 2014 Coll., Act No. 128 / 2004 Coll.
1. In Paragraph 1 (2), at the end of point (w), the word "a 'is deleted.
2. In Paragraph 1 (2), at the end of the text of point (x), the dot is replaced by "a 'and the following point (z) is added:
"(z) decide to grant the subsidy and to check compliance with the conditions for granting the subsidy under Section 2d of the Agricultural Act financed exclusively from national sources."
3. In Paragraph 6a (4), the sentences of the second and third paragraphs are deleted.
4. in Article 10 (1) (a), the words "all activities of the Fund and its institutions" shall be replaced by the words "supervise the management of the Fund."
5. In Article 11 (5), the sentence "If this Communication from the Fund would be contrary to the conditions under which the subsidy is granted, the Ministry shall revoke it by way of a resolution 'is replaced by the sentence" No appeal against such communication shall be made. Retrial is not permitted. The review procedure shall not be allowed, except in accordance with the procedure laid down in Paragraph 153 (1) (a) of the Administrative Regulation. In the event that this Communication from the Fund would be contrary to the conditions under which the subsidy is granted, the Ministry shall revoke it by way of a resolution. The provisions of the Administrative Regulation on review procedures shall apply mutatis mutandis to the procedure of the Ministry when issuing the order in accordance with the previous sentence.';
6. Paragraph 11 (6) is deleted.
Paragraphs 7 and 8 shall be renumbered paragraphs 6 and 7.
7. Paragraph 11 (7), including footnote 45, reads:
"(7) The information system of the Fund as a paying agency under the directly applicable European Union45) is a public administration information system and its administrator is the Fund. The information system of the Fund shall be used for the information security of activities and processes related primarily to:
(a) by approving and controlling the payment of subsidies;
(b) the implementation of subsidy payments;
(c) accounting for subsidy payments,
(d) the service of applications for grants; and
(e) service of decisions in the award procedure, payment applications, change reports and other similar documents in the framework of the implementation of the activities referred to in Article 1 (2).
45) Commission Delegated Regulation (EU) No 907 / 2014 of 11 March 2014 supplementing Regulation (EU) No 1306 / 2013 of the European Parliament and of the Council with regard to paying agencies and other bodies, financial management, clearance of accounts, securities and use of the euro. ';
8. In Article 11, paragraphs 8 and 9 are added:
"(8) The application for grant and further submissions made through the Fund's information system does not require the signature of a recognised electronic signature.
(9) The document referred to in paragraph 7 (e) shall be deemed to have been delivered at the time when the applicant or the person authorised by him enters the FUND information system, having regard to the scope of his authorisation within the information system, and having access to the document. If, within 10 days of the date on which the document was entered into the information system of the Fund, the applicant or the authorised person has not entered the information system, that document shall be deemed to have been delivered on the last day of that period; This shall not apply if other legislation excludes replacement delivery. ';
9. In Article 11a, the sentence "In the event of a repayment agreement, the Fund shall negotiate interest on late payments with the beneficiary and other conditions under special legislation14) shall be added at the end of paragraph 4; no periodic penalty payment shall be charged to the beneficiary for the duration of the repayment agreement. ';
(10) In Article 11a, the sentence "The Fund shall not initiate the proceedings for the imposition of periodic penalty payments referred to in paragraph 4 if the amount of the periodic penalty payments does not exceed the amount laid down directly by the European UnionRegulation (46).
46) Article 27 of Commission Implementing Regulation (EU) No 908 / 2014 of 6 July 2014 laying down rules for the application of Regulation (EU) No 1306 / 2013 of the European Parliament and of the Council as regards paying agencies and other bodies, financial management, clearance of accounts, rules on checks, securities and transparency. ';
11. in Paragraph 12 (1), the words "and data from the central register of reproductive material under the Act on trade in forest reproductive material" shall be added after the words "the Forest Act."
12. In Article 12, the following paragraph 5 is added:
"(5) The Directorate-General for Customs shall provide the Fund, for the purposes of the activities referred to in Article 1 (2) (g) and (h), with information on the output and input of goods from its registers, to the extent specified in the directly applicable European Union Regulation (45).";
13. In Section 12, paragraphs 6 and 7 are added, including footnote 47:
"(6) Information on the subsidies provided which the Fund is required to publish under this Act or other legislation shall also be published by the Fund as an open data47).
(7) Information published as open dates in accordance with paragraph 6 must remain published for at least 10 years from the date of publication, unless special legislation provides for a different period of publication of this information.
47) Act No. 106 / 1999 Coll., on Free Access to Information, as amended. '
14. in Article 12a (9), the words "and satellite surveillance" shall be inserted after the words "long-range Earth exploration."
Transitional provision
Proceedings initiated under Act No. 256 / 2000 Coll., as effective before the date of entry into force of this Act and until that date definitively completed, shall be completed in accordance with the existing legislation.
EFFECTIVE
This Act shall enter into force on 1 January 2020, with the exception of the provisions of Article 4 (1) (a) (ii) and (iii) of Regulation (EU) No 1308 / 2013. Point (39) and points (3) to (5) of Article III, which shall become effective on the first day of the calendar month following its publication.
z. Filip v. r.
Zeman v. r.
v. Schiller v. r.
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Regulation Information
| Citation | Act No. 208 / 2019 Coll., amending Act No. 252 / 1997 Coll., on Agriculture, as amended, and Act No. 256 / 2000 Coll., on the State Agricultural Intervention Fund and amending certain other acts (Act on the State Agricultural Intervention Fund), as amended |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 22.08.2019 |
|---|---|
| Effective from | 01.01.2020 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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