Government Regulation No. 283 / 2011 Coll.
Government Regulation amending Government Regulation No 75 / 2007 Coll., on the conditions for granting payments for natural handicaps in mountain areas, areas with other handicaps and Natura 2000 areas on agricultural land, as amended
Valid
Effective from 01.10.2011
Text versions:
01.10.2011
30.09.2011
283
GOVERNMENT REGULATION
of 14 September 2011
amending Government Regulation No 75 / 2007 Coll., on the conditions for granting payments for natural handicaps in mountain areas, areas with other handicaps and Natura 2000 areas on agricultural land, as amended
The Government orders pursuant to § 2c (5) of Act No. 252 / 1997 Coll., on Agriculture, as amended by Act No. 85 / 2004 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. 75 / 2007 Coll., on the conditions for granting payments for natural handicaps in mountain areas, areas with other handicaps and in Natura 2000 areas on agricultural land, as amended by Government Decree No. 113 / 2008 Coll., Government Decree No. 83 / 2009 Coll., Government Decree No. 480 / 2009 Coll., Government Decree No. 111 / 2010 Coll., Government Decree No. 369 / 2010 Coll. and Government Decree No. 372 / 2010 Coll., is amended as follows:
1. At the end of footnote 2, the sentence "Commission Regulation (EU) No 65 / 2011 of 27 January 2011 laying down detailed rules for the implementation of Council Regulation (EC) No 1698 / 2005 as regards the implementation of control procedures and cross-compliance with regard to rural development support measures is added. '.
2. In Article 8 (1) (c), the words "31 July of the relevant calendar year 'are replaced by the words" each day in the period from 1 June to 31 August of the relevant calendar year ("control period') '.
3. In Paragraph 8 (1) (d), "31 July of the relevant calendar year 'is replaced by" each day in the control period'.
4. In Article 8 (2), the words "31 July of the relevant calendar year 'are replaced by the words" in the control period', the words "31 July of the relevant calendar year 'are deleted and the words" the applicant is required to indicate the number and category of horses kept on 1 June of the relevant calendar year and any further change in the number and category of horses kept in the control period shall be added at the end of the paragraph. Unless found otherwise by an on-the-spot check, the number of horses kept on the farm on each day of the control period as referred to in paragraph 1 (c) and (d) shall be used for the purpose of determining the stocking density of livestock referred to in paragraph 1 (d) (16), as converted into livestock units as referred to in Annex 3 to this Regulation; the number and category of horses kept on the relevant date of the control period shall be deemed to correspond to the number and category of horses referred to on 1 June of the relevant calendar year and, where appropriate, to the date of the notified change of status immediately preceding the relevant date.';
5. in Article 8 (3) (a) and (b), the words "31 July of the relevant calendar year" shall be replaced by the words "on the relevant date of the control period."
6. In Article 9 (1), the words "once 'shall be inserted at the beginning of points (a) and (b), the words" 31 July of the relevant calendar year' shall be replaced by the words "in the control period 'and the words" at that date' shall be deleted.
7. In Article 9, the following paragraphs 5 and 6 are inserted after paragraph 4:
"(5) The Fund shall grant a payment in a less favourable area reduced by 25% if it finds that the applicant has failed to comply twice with the stocking density to the extent set out in:
(a) Article 8 (1) (c), together with the Fund, the livestock stocking intensity found during the control period was higher than or equal to 0,16 and below 0,2 livestock units per hectare of grassland managed by the applicant and registered in the soil register;
(b) Paragraph 8 (1) (d), together with the Fund, established livestock stocking intensity during the control period was higher than 1,5 and at the same time less than or equal to 1,8 livestock units per hectare of agricultural land managed by the applicant and registered in the land register.
(6) The Fund will grant a payment in a less favourable area reduced by 50% if the applicant has found that he has failed to meet the stocking density three times to the extent laid down in:
(a) Article 8 (1) (c), together with the Fund, the livestock stocking intensity found during the control period was higher than or equal to 0,16 and below 0,2 livestock units per hectare of grassland managed by the applicant and registered in the soil register;
(b) Paragraph 8 (1) (d) and the Fund, at the same time as the intensity of livestock farming found during the control period, were higher than 1,5 and at the same time less than or equal to 1,8 livestock units per hectare of agricultural land managed by the applicant and registered in the land register. "
Paragraphs 5 and 6 shall become paragraphs 7 and 8.
8. In Article 9 (7), "or 3 'is replaced by", 3, 5 or 6' and "10% 'is deleted.
9. in Article 10 (1) (a) and (b), "31 July of the relevant calendar year" shall be replaced by "at least once in the control period."
10. in Article 10 (1) (d), the word "or" shall be deleted;
11. In Article 10, at the end of paragraph 1, the dot is replaced by a comma and the following points (f) and (g) are added:
"(f) has not complied at least four times with the stocking density of livestock to the extent set out in Article 8 (1) (c), while the livestock density found during the control period was higher than or equal to 0,16 and below 0,2 livestock units per hectare of grassland managed by the applicant and registered in the soil register; or
(g) it has not complied with at least four times the stocking density of livestock to the extent set out in Article 8 (1) (d), while at the same time the recorded stocking density of livestock in the control period was higher than 1,5 and at the same time less than or equal to 1,8 livestock units per hectare of agricultural land managed by the applicant and registered in the land register. "
12. In Article 12, the words ", 5, 6 or 8 'shall be added at the end of the text of paragraph 2.
13. In Article 12, the words "or 8 'shall be added at the end of the text of paragraph 4.
14. In Article 12, the following paragraph 7 is added:
"(7) If, as a result of the procedure referred to in paragraph 6, the legal successor of the deceased or the acquirer of an undertaking or a new soil user previously cultivated by the applicant or the applicant infringes the condition referred to in Article 8 (1) (c) or (d), the reduction or non-payment shall not apply where the breach of this condition takes no more than 15 days before or after the date on which the legal successor of the deceased or the acquirer of the undertaking or the new land user previously managed by the applicant has acquired the agricultural land of the transferor the transferor the transferor the transferor the land register. ';
Transitional provision
The application procedure submitted pursuant to Government Regulation No 75 / 2007 Coll., as effective by the date of entry into force of this Regulation, shall be completed in accordance with Government Regulation No 75 / 2007 Coll., as effective by the date of entry into force of this Regulation.
Efficacy
This Regulation shall enter into force on 1 October 2011.
Prime Minister:
RNDr. Netime v. r.
Minister for Agriculture:
Ing. Fuksa v. r.
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Regulation Information
| Citation | Government Regulation No 283 / 2011 Coll., amending Government Regulation No 75 / 2007 Coll., on the conditions for granting payments for natural handicaps in mountain areas, areas with other handicaps and Natura 2000 areas on agricultural land, as amended |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 30.09.2011 |
|---|---|
| Effective from | 01.10.2011 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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