Government Regulation No. 258 / 2012 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 01.08.2012
Text versions:
01.08.2012
26.07.2012
258
GOVERNMENT REGULATION
of 11 July 2012
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. and Act No. 291 / 2009 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., Government Decree No. 480 / 2009 Coll., Government Decree No. 214 / 2010 Coll. and Government Decree No. 369 / 2010 Coll., is amended as follows:
1. The following is added at the end of footnote 1:
"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. ';
2. paragraphs 2 and 3 shall be deleted, including the headings and footnotes 2, 4, 5, 6 and 7;
3. In Article 5 (1), the word "Fund 'is replaced by the words" State Agricultural Intervention Fund' ("Fund ').
4. In Article 5, at the end of paragraph 1, the sentence "The breeder may lodge only one application in a calendar year."
5. Paragraph 5 (3) to (7), including footnote 43 to 45, reads:
"(3) The applicant shall not start implementing the measures referred to in paragraph 2, including grubbing-up of the vineyard, before 4 months after the application of the Fund or before the control carried out by the Fund in accordance with European Union43).
(4) An integral part of the application referred to in paragraph 1 shall be a plot of the grubbed part of the soil block or part thereof on the soil block map or parts thereof, of a scale of 1: 10 000 or more detailed if the applicant does not grubbed up the whole area of the soil block or part thereof. The applicant shall ensure that the grubbed part of the soil block or part thereof is marked visibly in the field.
(5) The applicant shall notify the Fund of the implementation of the measures on all soil blocks or parts thereof referred to in the application no later than 30 April of the fourth calendar year following the calendar year in which the application was submitted.
(6) In the case of the grant of the replanting right before 44), implementation of the measure also means fulfilling the obligation to grubbing up the area of the vineyard by the end of the third year following the introduction of the new vineyard for which the right to replanting has been granted in advance.
(7) Aid for the measure referred to in paragraph 2 may be granted only if the soil block or part thereof on which the measure is implemented is registered in the land use register according to the user relations (hereinafter referred to as "the register ') of the applicant as a vineyard in accordance with the register of vinic45.
43) Article 81 (6) of Commission Regulation (EC) No 555 / 2008, as amended.
44) Article 85i (2) of Council Regulation (EC) No 1234 / 2007, as amended. Article 63 of Commission Regulation (EC) No 555 / 2008, as amended.
45) Paragraph 28 of Act No. 321 / 2004 Coll., on Vinohradship and Vinosure and amending certain related laws (Vinohradship and Wine Act), as amended by Act No. 215 / 2006 Coll. and Act No. 256 / 2011 Coll. '
footnote 15 is deleted.
6. In Article 5, paragraphs 8 and 9 are added:
"(8) Support for the measure referred to in paragraph 2 shall be granted subject to compliance with the good agricultural and environmental condition requirements set out in Annex 2 to this Regulation.
(9) The Fund shall evaluate aid applications for the measures referred to in paragraph 2 separately in relation to each measure; compliance is assessed for individual soil blocks or parts thereof. ';
7. in § 6 (1) (b), § 7 (1) (b), § 8 (1) (b) and § 8a (1) (a), the words "in a given marketing year" shall be deleted;
8. in Articles 6 (1) (d), 7 (1) (d) and 8 (1) (d), the words "variety recognised" shall be replaced by "grape variety registered."
9. Paragraph 6 (2) reads as follows:
"(2) The grower shall indicate in the application:
(a) the number of the land block or part thereof from which, after grubbing up, the replanting right will be used, or the number of the land block or part thereof to be grubbed up on the basis of the granting of the replanting right in advance;
(b) the area planted with the grubbed-up vineyard registered in the register or part thereof;
(c) grubbed varieties,
(d) the way in which the grubbed-up vineyard is grown;
(e) the number of the soil block or part thereof on which a new vineyard will be planted. ';
10. In Article 6, paragraphs 3 and 4 are added:
"(3) Where a grower places a new vineyard on a non-grubbed-up parcel or part thereof as referred to in paragraph 2 (a) and that parcel or part thereof is registered as a vineyard on the date on which the application is lodged, the grower shall indicate in the application the area planted, the variety grown and the method of cultivation.
(4) In the notification of the implementation of the measure, the applicant shall, for the soil block or part thereof referred to in paragraph 2 (b). (e) indicate:
(a) the area of the newly planted vineyard;
(b) the varietal composition of the newly planted vineyard;
(c) the method of growing the newly planted vineyard. ';
11. in Paragraph 7 (2):
"(2) The grower shall indicate in the application:
(a) the number of the land block or part thereof from which, after grubbing up, the replanting right will be used, or the number of the land block or part thereof to be grubbed up on the basis of the granting of the replanting right in advance;
(b) the area planted with the grubbed-up vineyard registered in the register or part thereof;
(c) grubbed varieties,
(d) the way in which the grubbed-up vineyard is grown;
(e) the number of the soil block or part thereof to which the vineyard will be moved. ';
12. in Article 7, paragraphs 3 and 4 are added:
"(3) Where the soil block or part thereof referred to in paragraph 2 (a) (ii) is located in a Member State of the European Union, the Member State concerned shall inform the Commission thereof. (e) it shall be registered as a vineyard on the date on which the application is lodged, and the grower shall indicate in the application the area planted, the variety grown and the method of cultivation.
(4) In the notification of the implementation of the measure, the applicant shall, for the soil block or part thereof referred to in paragraph 2 (b). (e) indicate:
(a) the area of the newly planted vineyard;
(b) the varietal composition of the newly planted vineyard;
(c) the method of growing the newly planted vineyard. ';
13. in Paragraph 8 (2):
"(2) The grower shall indicate in the application:
(a) the number of the land block or part thereof from which, after grubbing up, the replanting right will be used, or the number of the land block or part thereof to be grubbed up on the basis of the granting of the replanting right in advance;
(b) the area planted with the grubbed-up vineyard registered in the register or part thereof;
(c) grubbed varieties,
(d) the way in which the grubbed-up vineyard is grown;
(e) the number of the soil block or part thereof on which a new vineyard will be planted or planted. ';
14. In Article 8, paragraphs 3 and 4 are added:
"(3) Where a grower places a new vineyard on a non-grubbed-up parcel or part thereof as referred to in paragraph 2 (a) and that parcel or part thereof is registered as a vineyard on the date on which the application is lodged, the grower shall indicate in the application the area planted, the variety grown and the method of cultivation.
(4) In the notification of the implementation of the measure, the applicant shall, for the soil block or part thereof referred to in paragraph 2 (b). (e) indicate:
(a) the area of the newly planted or planted vineyard;
(b) the varietal composition of the newly planted or planted vineyard;
(c) the method of cultivation of the newly planted or planted vineyard. ';
15. in Paragraph 8a (1) (b) (2), the word "protecting" shall be replaced by "protecting";
16. in Paragraph 8a (3):
"(3) The grower shall indicate in the application:
(a) the number of the soil block or part thereof on which the vineyard shall be protected; and
(b) the area planted with the protected vineyard area. ';
17. In Paragraph 8a, the following paragraph 4 is added:
"(4) In the notification of the implementation of the measure, the applicant shall indicate the selected measure referred to in paragraph 1 (b) for the soil block or part thereof referred to in paragraph 3 (a). ';
18. in Paragraph 8c (5), '30 April' is replaced by '31 January';
19. Paragraph 8c (8) reads:
"(8) An applicant who acquires an investment through leasing pursuant to the European Union31 Code shall notify the Fund of the conclusion of the lease contract on the form issued by it, in a given calendar year."
20. in Article 8d (6), the words "not eligible for the application for the grubbing-up premium)" shall be replaced by the words "preferred vinic23" set out in Annex 1 to this Regulation;
21. in Paragraph 8d, paragraphs 8 and 9 are added:
"(8) The Fund shall pay aid to the applicant for the restructuring and conversion of vineyards from the appropriations allocated for the marketing year concerned on the basis of a notification of the implementation of the measure by 30 April of the calendar year.
(9) If the Fund finds that the applicant has failed to fulfil the condition laid down in the second sentence of Article 5 (4), it shall reduce the aid referred to in Article 6 to 8 by 1%. '
22. Paragraph 8e, including the title and footnotes No 32 to 34, reads:
Provision of data
(1) The person established by the European Union Regulation laying down detailed rules for the implementation of cross-compliance, modulation and integrated administration and control systems under direct support schemes for farmers and as regards cross-compliance under the direct aid scheme for the wines32) shall deliver to the Fund by 15 May of a calendar year at the latest on the form issued by it a single application containing, in addition to the formalities laid down by European Union33, the indication of all areas in accordance with European Union34) and the manner of its use.
(2) An integral part of the single application form shall be a sketch of all the areas used as referred to in paragraph 1 on the soil block map or, where applicable, the soil block parts, of a scale of 1: 10 000 or more.
32) Article 11 of Commission Regulation (EC) No 1122 / 2009, as amended.
33) Article 12 of Commission Regulation (EC) No 1122 / 2009, as amended.
34) Articles 13 (8) and 55 of Commission Regulation (EC) No 1122 / 2009, as amended. '
footnote 35 is deleted.
23. Paragraph 8f (1) and (2), including footnote 36 to 40, read:
"(1) If the Fund finds that the grower has not identified all the area in accordance with European Union37 in the single application form (36), and the difference between the total area in the single application form and the total total area in the single application form and the single application form not declared is:
(a) more than 3% but less than or equal to 4% of the area covered by the single application form, reduce the support 37) pursuant to Sections 2 and 6 to 8a of the single application form by 1% 38),
(b) more than 4% but less than or equal to 5% of the area covered by the single application form, reduce the support 37) pursuant to Sections 2 and 6 to 8a of the single application form by 2% 38),
(c) higher than 5%, reduce the support 37) pursuant to Sections 2 and 6 to 8a of the Single Application Form by 3% 38).
(2) Where aid applicant
(a) in accordance with Article 6 to 8a, which is obliged to lodge a harvest, production or stock declaration (39), in any year from the date of the application to the notification of implementation of the measure, the Fund shall, in accordance with Article 6 to 8a, reduce the aid referred to in Article 6 to 8a by 1% for each working day of exceeding the date of submission of the declaration in each year;
(b) pursuant to § 6 to 8a, in any year from the date of submission of the application to the notification of implementation of the measure, the date of submission of any declaration referred to in (a) shall not exceed 10 working days, nor shall it be entitled to aid;
(c) pursuant to Article 8c, which is obliged to lodge a harvest, production or stock declaration (39), exceeds the fixed date for its submission or their submission, the Fund shall reduce the aid referred to in Article 8c by 1% for each working day of exceeding the deadline for the declaration (40).
36) Article 11 (1) of Commission Regulation (EC) No 1122 / 2009.
37) Article 55 of Commission Regulation (EC) No 1122 / 2009.
38) Article 55 (1) of Commission Regulation (EC) No 1122 / 2009.
39) Article 8 to 11 of Commission Regulation (EC) No 436 / 2009.
40) The second subparagraph of Article 18 (1) of Commission Regulation (EC) No 436 / 2009. '
24. In Section 8f, paragraphs 4 and 5 are added, including footnote 46:
"(4) The obstacle to the reduction of aid or exclusion of entitlement to aid in cases of force majeure or exceptional circumstances provided for in the European Union46 Code shall also apply to the procedure referred to in paragraph 2 (a) and (b).
(5) The provisions of paragraphs 1 to 4 are without prejudice to the provisions on reductions and exclusions laid down in the European Union Regulation (1).
46) Article 102 of Commission Regulation (EC) No 555 / 2008, as amended. Article 52 of Commission Regulation (EC) No 436 / 2009, as amended. '
25. After Paragraph 8f, the following Sections 8g and 8h are inserted:
Amendments to the application
Following an inspection carried out by the Fund in accordance with European Union43), the application shall not allow the addition of the soil block or part thereof or, where appropriate, the modification of the soil block or part thereof,
(a) from which, after grubbing-up of the vineyard, the replanting right under the measure referred to in Article 5 (2) of this Regulation will be used;
(b) where a new vineyard will be planted under the measure provided for in Article 5 (2) of this Regulation; This does not apply to the transfer of replanting rights pursuant to Article 8h of this Regulation.
Transfer of replanting rights
(1) In the case of the transfer of replanting rights 47) referred to in the application for restructuring and conversion aid pursuant to Article 5 of this Regulation, the transferee shall notify the Fund of this fact. The aid shall be granted to the acquirer in accordance with Article 8d of this Regulation without prior grubbing-up of his own vineyard on the basis of a notification of the implementation of the measure by the acquirer. The Fund shall be based on data on transfers of replanting rights held in the vineyard register.
(2) If the acquirer implements the measures provided for in Article 5 (2) of this Regulation on the land block or part thereof registered as a vineyard, the acquirer shall not start grubbing-up of such a vineyard less than 4 months after the amendment of the Fund's application or before the control carried out by the Fund in accordance with European Union43).
47) Article 85i (5) of Council Regulation (EC) No 1234 / 2007, as amended. § 9 (6) of Act No. 321 / 2004 Coll., as amended by Act No. 256 / 2011 Coll. '
26. In Annex 1, the heading reads: "Preferred vineyards (Section 8d (6)) '.
Transitional provisions
1. Applications for the grubbing-up premium pursuant to § 2 and 3 of Decree No. 245 / 2004 Coll., as effective before the date of entry into force of this Regulation, shall be assessed in accordance with Government Regulation No. 245 / 2004 Coll., as effective before the date of entry into force of this Regulation.
2. Applications for aid for measures under Article 5 (2) (a) to (d) of Decree-Law No 245 / 2004 Coll., as amended, submitted to the State Agricultural Intervention Fund (hereinafter referred to as "the Fund ') before the date of entry into force of this Regulation shall be subject to Article 8e and Article 8f (1) of Decree-Law No 245 / 2004 Coll., as effective from the date of entry into force of this Regulation.
3. Applications for investment aid pursuant to Article 8c of Government Decree No 245 / 2004 Coll., as effective before the date of entry into force of this Regulation, submitted to the Fund after 31 August 2011 shall be assessed in accordance with Government Decree No 245 / 2004 Coll., as effective from the date of entry into force of this Regulation.
4. The applicant may, when implementing the measures provided for in Article 5 (2) (a) to (c) of Decree-Law No 245 / 2004 Coll., as amended, use the replanting right granted on the basis of grubbing-up of the vineyard before 5 September 2010 pursuant to Article 2 of Commission Regulation (EU) No 772 / 2010 of 1 September 2010 amending Regulation (EC) No 555 / 2008 laying down detailed rules for the implementation of Council Regulation (EC) No 479 / 2008 on the common organisation of the market in wine as regards support programmes, trade with third countries, production potential and re-planting rights granted following checks by the Fund before the date of entry into force of this Regulation. The planting of a new vineyard under this replanting right must be carried out by the end of the fifth marketing year following the grubbing-up of the vineyard from which the replanting right was granted,
(a) where the grower uses only the replanting right granted on the basis of the grubbing-up of the vineyard before 5 September 2010 or, where applicable, the replanting right granted on the basis of grubbing-up of the vineyard carried out after the control of the Fund before the date of entry into force of this Regulation, the application shall be submitted after the implementation of the measure provided for in Article 5 (2) (a), (b) or (c) of the Government Regulation No 245 / 2004 Coll., as amended, and the notification of the implementation of the measure using that replanting right shall not be submitted; in the application, the grower shall enter in the register number of the vineyard grubbed up before 5 September 2010 or the number of the soil block or part thereof inspected by the Fund before the date of entry into force of this Regulation, the particulars referred to in paragraphs 6 (4), 7 (4), 8 (4) and 8 (4) of the Decree of Government No 245 / 2004 Coll., as effective from the date of entry into force of this Regulation, and in the event that, prior to planting of the new vineyard, the vineyard was also on the soil block or part thereof, the registration number of the original vineyard; The Fund shall pay aid to the applicant for the restructuring and conversion of vineyards from the appropriations allocated for the marketing year concerned on the basis of an application submitted by 30 April of the calendar year; or
(b) in the case of the simultaneous use of the replanting right granted on the basis of the grubbing-up of the vineyard before 5 September 2010 or, where applicable, the replanting right granted on the basis of the grubbing-up of the vineyard after the control of the Fund prior to the date of entry into force of this Regulation and the replanting right granted on the basis of the grubbing-up of the vineyard by the Fund pursuant to Government Regulation No 245 / 2004 Coll., as effective from the date of entry into force of this Regulation, the planting of the new vineyard; the grower shall enter in the application pursuant to Article 6 (2), Article 7 (2) and Article 8 (2) of Decree No. 245 / 2004 Coll., as effective from the date of entry into force of this Regulation, the register number of the vineyard grubbed up before 5 September 2010 or the number of the soil block or part thereof on which the Fund was inspected before the date of entry into force of this Regulation.
Efficacy
This Regulation shall take effect on 1 August 2012.
Prime Minister:
RNDr. Netime v. r.
Minister for Agriculture:
Ing. Bendl v. r.
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Regulation Information
| Citation | Government Regulation No. 258 / 2012 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 | 26.07.2012 |
|---|---|
| Effective from | 01.08.2012 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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