Full version of Act No. 247 / 2003 Coll.
Full text of Act No. 252 / 1997 Coll., on Agriculture, as resulting from subsequent amendments
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Declared full text
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05.08.2003
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247
PRESIDENT OF THE GOVERNMENT
Announces
full text of Act No. 252 / 1997 Coll., on Agriculture, as is apparent from changes made by Act No. 62 / 2000 Coll., Act No. 307 / 2000 Coll. and Act No. 128 / 2003 Coll.
THE LAW
on agriculture
Parliament has decided on this law of the Czech Republic:
Purpose of the law
The purpose of this Act is:
(a) creating conditions to ensure the ability of Czech agriculture to provide basic nutrition for the population, food safety and the necessary non-food raw materials;
(b) the creation of assumptions to promote the non-production functions of agriculture, which contribute to the protection of environmental compartments such as soil, water and air and to the maintenance of populated and cultural landscapes;
(c) establishing the conditions for the implementation of the common agricultural and rural development policy of the European Union.
Role of the State in agriculture
(1) The State contributes to maintaining the production potential of agriculture and its contribution to the development of rural areas by:
(a) Grants subsidies 4b) to natural and legal persons within the framework
1. measures to organise the market in agricultural and food products;
2. aid programmes to less favourable areas and areas with environmental restrictions;
3. programmes to promote the development of out-of-production functions of agriculture, consisting of the protection of environmental components,
4. measures to improve the age structure of persons working in agriculture;
5. measures to strengthen the competitiveness of agriculture, including the processing sector;
6. measures to promote general agricultural services;
7. the system of guarantees for agricultural products and foodstuffs,
8. aid for the purchase of agricultural land by farmers,
9. Aid for the pooling of farmers in the marketing and processing of production and in the purchase of agricultural needs,
10. aid for the interest rate on bank loans for agricultural primary production and partial liability for those loans;
11. attaining the level of direct payments to agriculture provided for by the Treaty of Accession of the Czech Republic to the European Union,
12. measures to mitigate the effects of adverse climatic or price effects;
(b) ensure the stability of the market in agricultural products and foodstuffs for which it uses:
1. intervention purchases and sales of agricultural products and foodstuffs,
2. the system of production quotas,
3. subsidies for exports of agricultural products and foodstuffs,
4. a system to promote the non-food use of agricultural products;
5. licensing policies,
6. customs protection measures;
(c) provides tax relief
1. for fuel consumption by natural and legal persons engaged in agricultural production, 4c)
2. for fuel consumption with biodegradable components, 4c)
3. the acquisition of production quotas,
(d) create favourable conditions for trade in agricultural products by adapting the rules for:
1. agricultural storage lists according to special legislation, 4d)
2. commodity exchanges according to special legislation, 4e)
(e) implement measures within the framework of:
1. common organisation of the market in agricultural products and foodstuffs,
2. structural support programmes;
3. programmes intended to support activities financed exclusively from national resources;
(f) The Ministry of Finance shall allocate in the State budget appropriate funds to ensure national participation in the European Union Structural Funds.
(2) The subsidy referred to in paragraph 1 (a) is granted by the Ministry of Agriculture (hereinafter referred to as the Ministry), with the exception of the subsidy referred to in point 1, granted by the State Agricultural Intervention Fund (hereinafter referred to as the Fund).
(3) The programmes referred to in paragraph 1 (a) (2) and (3) are laid down by the Government by regulation, including the conditions for granting subsidies under those programmes.
(4) The purpose of the subsidies granted under the measures referred to in paragraph 1 (a) (4) to (12), including the extent of the funds, is approved by the Chamber of Deputies at the same time as the State Budget Act.
Common market organisation
(1) Common market organisations shall mean a set of measures implemented on the market in agricultural products and foodstuffs listed in Annex I. Treaty establishing the European Community (EC Treaty).
(2) The measures referred to in paragraph 1 shall mean:
(a) the provisions of the EC Treaty, including its protocols;
(b) the provisions in the Treaties, including those relating to the Protocols which have been or have been concluded under the EC Treaty and which are legally effective in extending, supplementing or implementing them or in justifying the association, preference or free trade zone;
(c) legal acts of the Council or of the Commission of the European Union on the basis or in the framework of the contracts referred to in points (a) and (b) and legally binding decisions of the European Court of Justice.
(3) Agricultural products and foodstuffs other than those referred to in paragraph 1 and, where appropriate, other products shall be subject to common market organisations where they are subject to the measures referred to in paragraph 2.
Competent authorities of the common market organisation
(1) Save as otherwise provided in the specific legislation, the common market organisation shall implement the Fund in accordance with the specific legislation (4f), with the exception of measures under the specific legislation (4g) implemented by the Ministry.
(2) The Government, by means of a regulation, shall adapt the conditions for the implementation of the common market organisations referred to in Article 2a where such an adjustment is required by the relevant measure within the meaning of Article 2a (2).
Structural support programme
(1) Structural support programme means a set of measures to implement an agricultural support policy in areas less favourable to agriculture, support for the development of downstream sectors and support for rural development.
(2) Structural aid programmes include in particular:
(a) assistance to less favourable areas and areas with environmental restrictions;
(b) promoting the development of out-of-production functions for agriculture in order to protect environmental compartments;
(c) measures to strengthen the competitiveness of agriculture, including the processing sector;
(d) measures to promote the adaptation and development of rural areas;
(e) measures to improve the age structure of persons working in agriculture.
(3) Structural support programmes are approved by the Government.
(4) Structural aid programmes are implemented by the Ministry, unless otherwise provided for in specific legislation.
Aid financed exclusively from national resources
(1) The purpose of programmes to support activities financed exclusively from national sources, including the scope of the funds covered by these programmes, is approved by the Chamber of Deputies for each year at the same time as the State Budget.
(2) The programmes are carried out by the Ministry or by a person authorised by the Ministry on the basis of the principles issued by the Ministry.
Providing subsidies
(1) The subsidy is granted by the Ministry or the Fund (hereinafter referred to as "the competent authority") pursuant to § 2 (3) and (4), § 2a to 2d on request to natural and legal persons (hereinafter referred to as "the applicant") under the conditions laid down in special legislation4b) and, where appropriate, on the basis of an international agreement binding on the Czech Republic.
(2) The application for a subsidy shall contain the information necessary to assess whether the conditions for the grant are met, in particular:
(a) the designation of the applicant, including an identification number, if it is a legal person and a natural person with an assigned identification number, or the date of birth, if it is a natural person not assigned;
(b) the subject matter of the applicant's activity or business;
(c) the purpose for which the subsidy is requested;
(d) the banking link between the applicant,
(e) a statement by the applicant that he has not received, in the year in question, a grant from the State budget, a grant from the State Fund budget or a subsidy from the budget of the local authority.
(3) Where the application is incomplete or contains false information, the competent authority shall return it to the applicant within 30 days of the date of its notification, indicating the defects in the submission and the request and the time limit for its removal. If there is no correction of the defects of the application by the deadline, the competent authority shall reject it.
(4) Where a grant is granted, the condition for granting it shall apply:
(a) on agricultural land, when deciding on the granting of the subsidy, the competent authority shall base the use of the agricultural land on a register of use in accordance with the user relations established under this law, taking into account the data on the area of parcels and the type of land under special legislation, 4h)
(b) to a farm animal, when deciding to grant a subsidy, the competent authority shall be based on a central register of each species of livestock kept under a specific legislation. 4i)
(5) The competent authority shall not grant the subsidy if:
(a) the applicant does not have a permanent residence or, where appropriate, a registered office in the Czech Republic or does not prove that he is legally engaged in business in the Czech Republic;
(b) the applicant shall not prove that he has settled due liabilities to the Fund, the Ministry, the Land Fund of the Czech Republic, the National Property Fund of the Czech Republic, the Support and Guarantee Agricultural and Forestry Fund, a. s., due liabilities related to social security insurance and the contribution to the State Employment Policy, payable liabilities related to public health insurance, payable tax liabilities with the local competent financial authorities, or that he has not demonstrated that he has settled the liabilities outstanding on the date determined by the Ministry at the latest at the date of the application; This provision shall not apply to an applicant who is not an entrepreneur under Section 2 (2) of the Commercial Code,
(c) the applicant changes the type of agricultural crop culture to the type of agricultural crop for the soil block or part of the soil block kept in the register of the use of agricultural land according to the user's relations under this law;
(d) the land for which the subsidy is to be granted is not located in the Czech Republic.
(6) The provisions of paragraphs 1 to 5 shall apply mutatis mutandis to subsidies granted under an international agreement.
Record of use of agricultural land by user relationship
(1) The records of the use of agricultural land according to user relations (hereinafter referred to as "the register") serve to verify the accuracy of the data provided in the application for the subsidy provided for in Article 3 (4) (a) and to check compliance with the conditions for granting the subsidy.
(2) The evidence is kept by the Ministry.
(3) The base unit of the register is a soil block with a minimum area of 0,1 ha, which represents a continuous area of agricultural land clearly in the field separated mainly by forest land, reinforced path, water flow or agricultural land not cultivated.
(4) Where more than one type of agricultural culture is cultivated on the soil block or the soil block is managed by more than one natural or legal person who carries out this activity in his own name and under his own responsibility (hereinafter referred to as "user '), the soil block shall be broken down into parts of the soil block which constitute a continuous area of the agricultural area of one type of agricultural culture managed by one user.
(5) The soil block is registered
(a) soil block identification number;
(b) area;
(c) user,
(d) the type of agricultural culture in accordance with the criteria set out in Article 3i;
(e) inclusion in the water source protection zone, 4j)
(f) inclusion in specially protected territory, 4k)
(g) the existence of a irrigation system;
(h) the existence of a drainage system;
(i) existence of the vineyard line, 4l)
(j) management in the context of organic farming or at the stage of the transitional period in the context of organic farming under specific legislation, 4m)
(k) inclusion in a type of less favourable area and an area with environmental and other restrictions according to the criteria laid down by the Government Regulation.
The data referred to in points (c) to (j) shall be recorded for the soil block not subdivided into soil block parts.
(6) The part of the soil block is registered
(a) the soil block part identification number;
(b) area;
(c) user,
(d) the type of agricultural culture in accordance with the criteria set out in Article 3i;
(e) the existence of a irrigation system;
(f) the existence of a drainage system;
(g) existence of the vineyard line, 4l)
(h) management in the context of organic farming or at the stage of the transitional period in the context of organic farming under specific legislation. 4m)
(7) The record is recorded in digital form, with soil blocks or parts of soil block being displayed on the basis of the orthogical maps taken in the coordinate system of the Single Trigonometric Network of Catastral4n) based on aerial measurement of the earth's surface (hereinafter the "orthophotemap").
(1) Any user of the soil block or part of the soil block, if interested in inclusion in the land register, shall declare this fact within 60 days of the date of entry into force of this Law.
(2) Where a soil block is the subject of a notification, the declaration shall include the following information:
(a) soil block user identification data;
(b) area of the soil block;
(c) the type of agricultural culture on the soil block according to the criteria set out in § 3i.
(3) If a part of the soil block is the subject of a declaration by the user, the following information shall be provided in the declaration:
(a) identification of the user of the soil block part;
(b) the area of the soil block part;
(c) the type of agricultural culture in the soil block according to the criteria set out in § 3i.
(4) Where both soil blocks and soil block parts, or more than one soil block or part of soil block, are declared, each part of the declaration shall comply with the requirements of paragraphs 2 and 3.
(5) Part of the declaration is to draw the boundary of the soil block, or part of the soil block that is declared to be used, in the orthopotope map.
(1) In order to process the proper and timely notification of the mandated staff of the Ministry, the persons expressing an interest in submitting the notification pursuant to § 3b shall provide professional assistance, including the provision of orthophotomaps. Professional assistance shall consist of identifying the soil block and, where appropriate, the soil block part and determining their area.
(2) The report shall be submitted to the Ministry. If, at the time of reporting, doubts are raised as to the actual area of the part of the soil block the use of which is declared and, where appropriate, other data mentioned in the declaration, the Ministry shall immediately invite the user to modify the data contained in the declaration or to conduct a local field survey.
(1) The Ministry shall evaluate any declaration made within 60 days of the date on which the deadline for submitting the declaration in accordance with Paragraph 3b (1) has expired.
(2) If, in the context of the evaluation of the notified notification, doubts arise as to the actual course of use of the parts of the soil block between different users and, where appropriate, the user's declared area of the soil block, the Ministry shall invite the relevant users to remove the doubts within 15 days.
(3) If, within the prescribed time limit, no modification of the user reports submitted pursuant to paragraph 2, the Ministry may convene a local field inquiry. In such a case, the Ministry shall draw the boundaries of the use of the soil block parts in the orthotomicrography and record the records according to the condition found by the Ministry and, where appropriate, the results of the local field survey.
(4) If two or more users are notified to the same soil block or part of the soil block, the Ministry shall invite them to conclude a written agreement within 15 days on which of them is the user of that soil block or part of the soil block.
(5) If there is no written agreement between the users in accordance with paragraph 4 within the prescribed time limit, the Ministry may convene a local field inquiry. If the local inquiry is not carried out or the result of the contested investigation is not removed, the Ministry shall register the soil block user or part of the soil block as evidence of a valid legal reason for the use of the agricultural land on which the soil block or part of the soil block is located.
(1) The Ministry shall, within 30 days of the date of completion of the evaluation of the declarations made pursuant to Article 3d (1), issue a certificate stating that they are included in the register to users whose data contained in the reports submitted by them have not been found to be in conflict with the data in the orthopotomcript or, where appropriate, with those provided by other users. The certificate shall indicate in particular the following:
(a) identification of the soil block user and, where applicable, the soil block part;
(b) identification data and areas of the soil block or part of the soil block to which it is a user;
(c) the area of each soil block and part of the soil block;
(d) the agricultural culture of each soil block and part of the soil block.
(2) The Ministry shall, within 30 days of the date of completion of the evaluation of the notified declaration carried out in accordance with Article 3d (1), issue a partial certificate stating that they are entered in the register for soil blocks or parts of soil block for which no discrepancy has been found, to users whose data contained in the declarations submitted by them have not been found in a separate sub-section. The provisions of paragraph 1 shall apply mutatis mutandis to the content of the sub-certificate.
(3) For users whose use of the relevant part of the soil block has only been demonstrated as a result of the procedure under § 3d (2) to (5), the Ministry shall issue a certificate stating that they are entered in the register immediately after the dispute has been resolved. The provisions of paragraph 1 shall apply mutatis mutandis to the content of the certificate. Where a partial certificate has been issued to such users pursuant to paragraph 2, the newly issued summary certificate shall include both soil blocks and, where applicable, soil block parts listed in the partial certificate and the content of the partial certificate shall not be taken into account.
(4) Users whose use has not been documented in either separate part of the declaration or as a result of the procedure laid down in Article 3d (2) to (5), shall be given a decision by the Ministry not to be included in the register. An appeal against this decision is admissible. The administrative rules shall apply to the lodging of an appeal and its consideration.
(5) If the Ministry finds, as a result of a procedure under Paragraph 3d (2) to (5), that at least one separate part of the declaration has not been substantiated by their use, it shall issue a decision rejecting entry into the register in that part of the declaration. The provisions of paragraph 4 shall apply mutatis mutandis to any appeal, submission and discussion.
The model of the declaration and the certificate of entry into the register shall be laid down by the Ministry by decree.
Soil records update
(1) If there is a change
(a) during the border of the soil block or, where appropriate, the part of the soil block;
(b) the area of the soil block and, where appropriate, the part of the soil block;
(c) the type of agricultural crop grown on the soil block or part of the soil block;
the user kept in the register must inform the Ministry in writing of the change no later than 15 days after the date on which the change occurred. The Ministry shall immediately modify the area or culture in the register.
(2) If there is a change of the soil block user or part of the soil block, the new user shall inform the Ministry in writing within 15 days of the date of the change. The Ministry shall make a change to the soil block user or to the soil block part if:
(a) the original user gives his written consent to the change; or
(b) the new user shall demonstrate the legal reason for the use of the soil block and, where appropriate, the part of the soil block.
(3) If a user of a soil block or part of a soil block which has not submitted a declaration in the context of the creation of a register referred to in Article 3b (1) has an interest in the inclusion in the register and the soil block concerned or part of the soil block is not yet registered in the register, he may submit such notification at any time after six months from the date of entry into force of this law. Paragraph 3b (2) to (3f) shall apply mutatis mutandis to the submission of the declaration and procedure of the Ministry. These provisions also apply to the user who is already listed in the register and intends to re-register another soil block or part of the soil block.
(4) If the soil block user or part of the soil block ceases to use the soil block or part of the soil block without that soil block or part of the soil block being subsequently used by another user who is interested in being included in the register, the original soil block user kept in the register shall inform the Ministry in writing no later than 60 days after the date of the change. The Ministry shall immediately amend the soil block user or part of the soil block in the register.
(5) Each listed user may at any time submit to the Ministry a request for the complete removal of his or her person from the register or for the removal of certain soil blocks or parts of the soil block from the register without any other user being included in the register in relation to them. The Ministry shall grant such a request and issue a certificate thereof.
Verification of orthophotomap data
(1) The records collected shall be verified on the basis of orthophotomaps made on the basis of aerial measurement images at least every 10 years.
(2) Where it is necessary, on the basis of the verifications referred to in paragraph 1, to amend the data in the register, such a change shall be made in the interaction between the Ministry and the users concerned.
Type of agricultural culture
For the purposes of this Act:
(a) arable land of agricultural land on which agricultural crops are grown regularly and which is not grassland as referred to in (b);
(b) grassland with the predominance of grassland intended for grazing or for the production of hay and, where appropriate, the grassland, with a maximum of five years per year, may be broken for the purpose of fertilisation;
(c) grapevine agricultural land which is continuously planted with vines,
(d) hop farming land which is equipped with a specific structure for the cultivation of hops and on which hops are grown;
(e) a crop set of agricultural land which is continuously planted with fruit trees and, where appropriate, fruit bushes;
(f) other agricultural crops not referred to in points (a) to (e).
Provision of information
(1) The applicant is required to provide the necessary information for an objective assessment of the impact of agricultural policy measures to the Ministry, which shall determine the time and extent of such information. The Ministry shall proceed with the handling of personal data by natural persons under specific legislation. (a)
(2) A person who does not provide information within the time limit and scope set by the Ministry, or who provides false information, shall not receive a subsidy in the relevant year.
(3) The Research Institute of the Agricultural Economy set up by the Ministry (hereinafter referred to as the "authorised person") is entitled to require data from economic operators governed by the State Statistical Service Act (5b) in the manner and to the extent specified by the Ministry by the Decree.
(4) If an economic operator under the Law on the State Statistical Service (5b) fails to provide data to the delegate in the manner and to the extent provided for by the Decree, the delegate shall immediately notify the Ministry of this fact.
(5) The Ministry shall be entitled to require free of charge data from registers kept under the Vineyard and Wine Protection Act, the Hops Protection Act and the Breeding, Breeding and Registration Act, while the Ministry shall comply with specific legislation when handling personal data from natural persons. (a)
(6) The Ministry shall make available the data kept in the register to public authorities if they are necessary for the performance of their duties, and the Ministry shall comply with specific legislation when dealing with personal data of natural persons. (a)
Control
(1) The Ministry is entitled to carry out checks
(a) the accuracy of the data of natural and legal persons mentioned in the requests made to the Ministry under this Act;
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Regulation Information
| Citation | Full version of Act No. 247 / 2003 Coll., Act No. 252 / 1997 Coll., on Agriculture, as resulting from subsequent amendments |
|---|---|
| Regulation Type | Declared full text |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 05.08.2003 |
|---|---|
| Effective from | - |
| Effective until | - |
| Status | Valid |
Legal Areas:
Administrative law
Agriculture
The regulation text is for informational purposes only.
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