Government Regulation No 214 / 2010 Coll.
Government Regulation amending Government Regulation No. 245 / 2004 Coll., on the establishment of closer conditions for the implementation of measures of the common organisation of the market in wine, as amended
Valid
Regulation
Effective from 15.07.2010
Text versions:
15.07.2010
08.07.2010
214
GOVERNMENT REGULATION
of 28 June 2010
amending Government Regulation No 245 / 2004 Coll., laying down closer conditions for the implementation of measures of the common organisation of the market in wine, as amended
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.:
Government Decree No. 245 / 2004 Coll., on determining the closer conditions for the implementation of measures of the common organisation of the market in wine, as amended by Government Decree No. 83 / 2006 Coll., Government Decree No. 33 / 2007 Coll., Government Decree No. 320 / 2008 Coll., Government Decree No. 82 / 2009 Coll., Government Decree No. 83 / 2009 Coll. and Government Decree No. 480 / 2009 Coll., are amended as follows:
1. In Paragraph 1 (1), the words "European Community1) (hereinafter referred to as the" Regulation of the European Communities ") 'are replaced by the words" European Union1' (hereinafter referred to as the "European Union Regulation ').
2. At the end of footnote 1, the following sentences are added:
"Council Regulation (EC) No 1234 / 2007 of 22 October 2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation), as amended. Commission Regulation (EC) No 436 / 2009 of 26 May 2009 laying down detailed rules for the application of Council Regulation (EC) No 479 / 2008 as regards the register of vineyards, compulsory declarations and collection of market monitoring data, accompanying documents for the transport of wine products and wine-sector registers, 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. ';
3. in Article 2 (1) and (3), the words "directly applicable regulation of the European Communities' are replaced by the words" European Union regulation ';
4. In Paragraph 2 (2) of the Introductory Part of the provision, the words "directly applicable regulation of the European Communities' are replaced by" European Union regulation '.
5. in Paragraph 2 (2) (b):
"(b) the area of the grubbed-up vineyard,"
6. in Articles 5 (1), 6 (1) (d), 7 (1) (d), 8 (1) (d), 8c (1) and 8d (1) to (3), the words "European Communities" shall be replaced by the words "European Union."
7. In Article 5 (2), at the end of point (c), comma is replaced by "or ', at the end of point (d), the word" or' is replaced by a dot and point (e) is deleted.
8. In Article 5 (3), the words "the deadline for the submission of an application 'are replaced by the words" the expiry date for the submission of an application'.
9. In Article 5 (4), the word "agricultural 'is deleted.
10.Paragraph 5 (6) reads as follows:
"(6) The application shall be submitted to the Fund by 30 April of the calendar year at the latest. ';
11. in Article 5, paragraph 7, including footnote 16, is deleted;
Paragraph 8 shall become paragraph 7.
12. in Article 5 (7), "8b" is replaced by "8a."
13. in Article 6 (1) (a), Article 7 (1) (a) and Article 8 (1) (a), the words "or had at the time of grubbing-up" shall be inserted after the word "mine."
14. Article 8b is deleted.
15. in Paragraph 8c (1), the word "normal" shall be deleted;
16. In Paragraph 8c, the following paragraph 2 is inserted after paragraph 1:
"(2) The application for aid for investments under the European Union18) issued by the lessee shall be submitted by the applicant to the Fund on the form issued by him by 31 August of the calendar year following the end of the leasing contract. At the same time as the application, the applicant of the Fund shall provide evidence of the payment of the investment. ';
Paragraphs 2 to 7 shall be renumbered paragraphs 3 to 8.
17. In Paragraph 8c, at the end of paragraph 3, the words "paragraph 1 or 2 'shall be added.
18. Paragraph 8c (4) is deleted.
Paragraphs 5 to 8 shall be renumbered paragraphs 4 to 7.
19. in Article 8c (5), the words "not acquired through leasing" shall be inserted after the word "investment."
20. In Section 8c, paragraph 8 is added, including footnote 31:
"(8) An applicant who acquires an investment through leasing pursuant to European Union31) shall, upon conclusion of the leasing contract, notify the Fund on the form issued by it by 31 August of the calendar year. A notification of the acquisition of an investment by leasing shall be submitted by the applicant for leasing contracts concluded not more than 12 months before the deadline for the submission of the notification.
31) Article 17 (b) of Commission Regulation (EC) No 555 / 2008, as amended. '
21. in Article 8d (1), point (e) is replaced by the dot and point (f) is deleted;
22. in Article 8d (4) to (7), including footnotes 22 and 23, the following shall be added:
"(4) The annual amount referred to in the Support Programme in winemaking and winemaking for the Czech Republic pursuant to the European Union22 (hereinafter referred to as" the Programme ') for the restructuring and conversion of vineyards shall be used for the payment of the aid referred to in Articles 6 to 8a. The Fund shall reduce the aid provided for in paragraphs 6 to 8a of this Regulation in a proportionate manner if the sum of all the entitlements of paragraphs 6 to 8a of this Regulation exceeds the amount of the appropriations allocated to the European Union budget.
(5) The annual amount referred to in the Investment Programme shall be used for the payment of the aid under Section 8c. The Fund shall reduce the aid provided for in Article 8c of this Regulation proportionately if the sum of all claims under Article 8c of this Regulation exceeds the amount of the appropriations allocated to the European Union budget.
(6) Where aid is granted under Article 6, Article 8 or Article 8a for growers' applications concerning areas not eligible for the application for the grubbing-up premium), the pro rata reduction of the aid referred to in paragraph 4 shall not apply.
(7) If outstanding funds are available after the payment of the aid provided for in Article 5 (2) or Article 8c, the Fund shall make a pro rata payment to applicants for aid paid up to the admissible amount of aid.
22) Article 103i et seq. of Council Regulation (EC) No 1234 / 2007, as amended.
23) Article 85u (8) of Council Regulation (EC) No 1234 / 2007, as amended. '
23. in § 8d, paragraph 8 is deleted;
24. § 8e, including the title and footnotes No 32 to 35, reads:
Provision of data
(1) The person provided for in European Union32) shall deliver a single application form (33) on the form issued by the Fund by 15 May of the calendar year at the latest, which, in addition to the formalities laid down by the European Union34), contains:
(a) the list and area of all soil blocks or parts of soil blocks (Section 3a of the Agriculture Act) registered in the land register on it;
(b) the identification and use of all the soil blocks or parts of soil blocks referred to in (a) to which the single application form submitted relates (35).
(2) An integral part of the single application form shall be a plot of soil blocks, or parts of soil blocks, as referred to in paragraph 1 (a), on a map of soil blocks, or parts of soil blocks, of a scale of 1: 10 000 or more.
32) The third subparagraph of Article 11 (1) of Commission Regulation (EC) No 1122 / 2009, as amended.
33) Article 11 (2) of Commission Regulation (EC) No 1122 / 2009, as amended.
34) Article 12 of Commission Regulation (EC) No 1122 / 2009, as amended.
35) Article 55 of Commission Regulation (EC) No 1122 / 2009, as amended. '
(25) footnote 24 is deleted.
26. The following Section 8f is inserted after Section 8e, including the title and footnotes No 36 to 41:
Reduction of aid
(1) If the Fund finds that the grower has not indicated in the single application form (36) the area of all the soil blocks or parts of soil blocks registered in the land use register according to the user's relationship to the grower, and the difference between the total area of all the soil blocks or parts of soil blocks registered in the breeder's register on the date of submission of the single application form and the total area of soil blocks and, where applicable, of the soil blocks referred to in the single application form is:
(a) more than 3% but less than or equal to 4% of the area indicated in the single application form, reduce the support 37) pursuant to Sections 2 and 6 to 8b to which the single application form is subject by 1% 38);
(b) higher than 4% but less than or equal to 5% of the area indicated in the single application form, reduce the support 37) pursuant to Sections 2 and 6 to 8b to which the single application form is subject by 2% 38),
(c) higher than 5%, reduce the aid 37) pursuant to Sections 2 and 6 to 8b, to which the single application form is subject, by 3% 38).
(2) If the aid applicant pursuant to § 6 to 8c, who is obliged to lodge a harvest, production or stock declaration (39), exceeds the deadline set for his or her submission, the Fund shall reduce the aid provided for in § 6 to 8c by 1% for each working day of exceeding the deadline for filing the declaration (40). Where an aid applicant pursuant to § 6 to 8a exceeds the date of submission of any of the declarations referred to in the first sentence by more than 10 working days, he shall not be entitled to the aid for the current marketing year or for the following marketing year.
(3) If an aid applicant under Section 8c, who is obliged to lodge a harvest, production or stock declaration, indicates in any declaration incomplete or inaccurate information which is relevant for the correct application of the measure, the Fund shall reduce the aid under Section 8c by 1% 41).
36) Article 11 (1) of Commission Regulation (EC) No 1122 / 2009, as amended.
37) Article 55 (2) of Commission Regulation (EC) No 1122 / 2009, as amended.
38) Article 55 (1) of Commission Regulation (EC) No 1122 / 2009, as amended.
39) Article 8 to 11 of Commission Regulation (EC) No 436 / 2009, as amended.
40) The second subparagraph of Article 18 (1) of Commission Regulation (EC) No 436 / 2009, as amended.
41) Article 18 (2) of Commission Regulation (EC) No 436 / 2009, as amended. '
27. The following Section 9 is inserted after Section 8f, including footnote 42:
If the applicant makes use of a pre-granted replanting right under the European Union42 Regulation, he shall lodge with the Fund a guarantee of CZK 75 000 per hectare of newly planted vineyards.
42) Article 63 of Commission Regulation (EC) No 555 / 2008, as amended. '
28. In Annex No 1, the following text is added at the end of the table:
„
“.
| Kutná Hora |
| Sedlec u Kutné Hory |
Transitional provision
Applications for aid for measures to protect vine bushes against damage caused to birds by the Fund for the 2009 / 2010 marketing year until 28 February 2010 pursuant to Government Regulation No 245 / 2004 Coll., as effective by the date of entry into force of this Regulation, shall be assessed in accordance with Government Regulation No 245 / 2004 Coll., as effective by the date of entry into force of this Regulation.
Efficacy
This Regulation shall enter into force on 15 July 2010.
Prime Minister:
Ing. Fischer, CSc., v. r.
Minister for Agriculture:
Ing. Shebesta v. r.
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Regulation Information
| Citation | Government Regulation No 214 / 2010 Coll., amending Government Regulation No 245 / 2004 Coll., laying down closer conditions for the implementation of measures of the common organisation of the market in wine, as amended |
|---|---|
| Regulation Type | Regulation |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 08.07.2010 |
|---|---|
| Effective from | 15.07.2010 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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