What is Act No. 291 / 2009 Coll.?

Act No. 291 / 2009 Coll., amending Act No. 252 / 1997 Coll., on Agriculture, as amended, and other related laws — Act amending Act No. 252 / 1997 Coll., on Agriculture, as amended, and other related laws.

When it became Act No. 291 / 2009 Coll. effectiveness?

Act No. 291 / 2009 Coll. became effective 01.10.2009.

Is Act No. 291 / 2009 Coll. still valid?

Yes, Act No. 291 / 2009 Coll. is still valid and effective.

How many times was it Act No. 291 / 2009 Coll. amended?

Act No. 291 / 2009 Coll. has 7 time versions of the text.

Act No. 291 / 2009 Coll. - Act amending Act No. 252 / 1997 Coll., o...

291

THE LAW

of 22 July 2009

amending Act No. 252 / 1997 Coll., on Agriculture, as amended, and other related laws

Parliament has decided on this law of the Czech Republic:

ČÁST PRVNÍ

Amendment to the Agriculture Act

Čl. I

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. 227 / 2009 Coll., Act No. 409 / 2006 Coll., Act No. 35 / 2008 Coll., Act No. 95 / 2009 Coll., Act No. 109 / 2009 Coll., and Act No. 227 / 2009 Coll., is amended as follows:

1. In Article 2, footnotes 4c to 4e are referred to as footnotes 1 to 3, including the footnotes.

2. footnote 1 shall read:

"1) Act No. 353 / 2003 Coll., on Consumer Taxes, as amended by Act No. 479 / 2003 Coll., Act No. 237 / 2004 Coll., Act No. 313 / 2004 Coll., Act No. 558 / 2004 Coll., Act No. 693 / 2004 Coll., Act No. 179 / 2005 Coll., Act No. 217 / 2005 Coll., Act No. 377 / 2005 Coll., Act No. 270 / 2007 Coll., Act No. 296 / 2007 Coll., Act No. 37 / 2008 Coll., Act No. 124 / 2008 Coll., Act No. 245 / 2008 Coll., Act No. 261 / 2007 Coll.

3. In Section 2a, the words "and direct aid 'are added to the title.

4. In Article 2a (3), the words "Part of the common market organisations referred to in paragraph 1 are also" shall be replaced by the words "Direct aid";

5. In Paragraph 2a (3), footnote 3a is renumbered as footnote 4, including the footnote reference.

6. footnote 4 is supplemented by the words "Council Regulation (EC) No 73 / 2009 of 19 January 2009 establishing common rules for direct support schemes under the common agricultural policy and establishing certain support schemes for farmers and amending Regulations (EC) No 1290 / 2005, (EC) No 247 / 2006, (EC) No 378 / 2007 and repealing Regulation (EC) No 1782 / 2003. '

7. In Section 2b, the words "and direct aid 'are added to the title.

8. In Paragraph 2b (1), the words "and direct aid 'shall be inserted after the words" common market organisation'.

9. In Paragraph 2b (1), footnote 4f is renumbered as footnote 5, including the footnote reference.

10. in Article 2b (2), the words "and direct aid" shall be inserted after the words "common market organisations."

11. in Article 2c, the words "and Rural Development Programme" shall be added to the title.

12. in Article 2c (1), the words "and by the Rural Development Programme in accordance with the directly applicable provisions of the European Communities governing support for rural development by the European Agricultural Fund for Rural Development (EAFRD) 6) (hereinafter referred to as the Rural Development Programme)" shall be inserted after the words "Structural Support Programme";

footnote 6:

"(6) Council Regulation (EC) No 1698 / 2005 of 20 September 2005 on support for rural development by the European Agricultural Fund for Rural Development (EAFRD), as amended."

13. in Article 2c (2), the words "and the Rural Development Programme" shall be inserted after the words "Structural support programmes";

14. in Article 2c (2) (a):

"(a) measures promoting mountain areas, areas with other handicaps and Natura 2000 areas,"

15. In Paragraph 2c, the dot is replaced by a comma at the end of paragraph 2 and the following point (f) is added:

"(f) measures promoting the use of biomass for energy purposes.";

16. in Article 2c (3), the words "and the Rural Development Programme" shall be inserted after the words "Structural support programmes";

17. in Article 2c (4), the words "and the Rural Development Programme" shall be inserted after the words "Structural Support Programmes" and the words "Ministry of Agriculture" shall be inserted after the words "Ministry of Agriculture";

18. In Article 2c (5), the words "and the Rural Development Programme 'shall be inserted after the words" structural support programmes' and the words "relevant legal 'shall be deleted.

19. in Article 2c, paragraph 6 is deleted;

Paragraph 7 shall become paragraph 6.

20. in Article 2c (6), "Ministry of Agriculture" is replaced by "Ministry."

21. In § 2c, footnotes 3b and 4v are renumbered as footnotes 7 and 8, including the footnotes.

22. The following Section 2ca is inserted after Section 2c, including the title and footnote 9:

„§ 2ca

Aid for fisheries

Support programmes for fisheries under the directly applicable regulation of the European Communities governing the European Fisheries Fund (9) shall be implemented by the Ministry.

9) Council Regulation (EC) No 1198 / 2006 of 27 July 2006 on the European Fisheries Fund, as amended. '

23. in Article 2d (2), the words "Ministry of Agriculture (hereinafter referred to as" Ministry ")" shall be replaced by the words "Ministry."

24. in Article 2e (1), the sentences of the second to sixth paragraphs are deleted;

25. in Article 2e (3) (b), the word "processing" shall be inserted after the word "for the purpose of obtaining."

26. in Article 2e (3) (c), the words "breeding breeding animals and" shall be replaced by the words "breeding and breeding animals," and the words "germinal products" shall be inserted after the words "material."

27. in Article 2e (3) (f), the words "on the water surface" are replaced by the words "in the water body of surface waters."

28. In § 2e, the existing footnotes 4h to 4j are referred to as footnotes 10 to 12, including the footnotes.

29. in Article 2f (1), the words "and persons referred to in Article 2e (4) shall be inserted after the words" under Article 2e (2), "provided that they provide temporary or occasional services under the regulations of the European Communities (13)."

Footnote 13 reads:

"13) Article 49 of the Treaty establishing the European Communities."

30. in Article 2f (3) (a):

"(a) the name and surname or, where appropriate, the business firm, citizenship, place of permanent residence and, where appropriate, any other address for service, including the name of the municipality, its parts, street name, descriptive and indicative number, if any, the postal code, the birth number, otherwise the date of birth, and a statement as to whether the court or administrative authority has not imposed a ban on the agricultural production activity;"

31. in Article 2f (3) (b):

"(b) the foreign natural person also has the address of residence in the territory of the Czech Republic, where he has been granted permanent residence; for a person who, for the purposes of business, establishes an organisational component in the Czech Republic, the address of its location, including the municipality, its part, street name, descriptive and indicative number, if assigned, postal code and details of the manager of that organisational element, '.

32. in Article 2f (3) (e), the words "persons (hereinafter referred to as" identification number ")" and the word "allocated" shall be replaced by the words "allotment14";

footnote 14:

"14) Act No. 89 / 1995 Coll., on State Statistical Service, as amended by Act No. 356 / 1999 Coll., Act No. 220 / 2000 Coll., Act No. 256 / 2000 Coll., Act No. 411 / 2000 Coll., Act No. 202 / 2002 Coll., Act No. 320 / 2002 Coll., Act No. 81 / 2004 Coll., Act No. 562 / 2004 Coll., Act No. 342 / 2005 Coll., Act No. 230 / 2006 Coll., Act No. 245 / 2006 Coll., Act No. 342 / 2006 Coll., Act No. 239 / 2008 Coll. '.

33.In Article 2f (4) (a):

"(a) the name or business name, identification number or similar indication and address of the registered office, or any other address for service, followed by the name, surname, nationality, birth number, otherwise the date of birth, place of permanent residence of the person or persons who are his statutory authority or its members, unless they are a citizen of the Czech Republic or of another Member State of the European Union; If the statutory authority or its member is a legal person, the name or business name, registered office, identification number (14), if assigned, the name or, where applicable, the name, surname, nationality, birth number, otherwise the date of birth, place of permanent residence of the person or persons who are its statutory authority or its member, in the absence of a citizen of the Czech Republic or of a citizen of another Member State of the European Union, and an indication whether the court or administrative authority has not imposed a ban on their agricultural production activities, ';

34. in Article 2f (4), point (c) is deleted;

Point (d) shall be renumbered (c).

35. in Paragraph 2f (5):

"(5) If the applicant fulfils the conditions laid down in § 2e, the municipal authority of the municipality with extended scope shall register it within 30 days of the date on which the application is submitted and issue it with a certificate of registration. '

36. in Article 2f, paragraphs 6, 7, 9 to 14, including footnote 4n and the reference to this footnote, are deleted;

37. The following Section 2fa and 2fb are inserted after Section 2f, including footnote 15:

„§ 2fa

(1) The certificate of entry in the register of an agricultural operator issued to a natural person shall indicate:

(a) if there is a citizen of the Czech Republic, the name and surname, or business firm, citizenship, place of permanent residence containing the name of the municipality, its parts, street name, descriptive and indicative number, if assigned, and postal code, followed by the birth number, if otherwise assigned, date of birth, place of birth and surname of birth,

(b) if there is a foreign natural person, the name, surname or, where applicable, business name, citizenship, birth number, otherwise the date of birth, residence outside the Czech Republic, place of residence in the Czech Republic, if it has been authorised,

(c) place of business in the Czech Republic,

(d) the focus of agricultural production in the distinction referred to in Article 2e (3);

(e) the identification number, if assigned to it;

(f) the date of commencement of the operation of agricultural production;

(g) the date on which the operation of the agricultural production was terminated, if that date was indicated in the application.

(2) The certificate of registration of an agricultural operator issued to a legal person shall indicate:

(a) the business firm or name, the registered office (name of the municipality, its parts, street name, descriptive and indicative number, if assigned, postal code), the identification number, where assigned, and, where applicable, the name, surname, birth number, if any, the date of birth, the place of permanent residence of the person or persons who are his statutory authority or its members, in the absence 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, business name or name, registered office and identification number,

(b) for a foreign legal person, the location of the organisational component in the Czech Republic and the data relating to the management of the organisational component referred to in (a);

(c) the focus of agricultural production in the distinction referred to in Section 2e (3);

(d) the date of commencement of the operation of agricultural production;

(e) the date on which the operation of the agricultural production was discontinued, if that date was indicated in the application.

(3) The municipal authority of the municipality with extended competence which issued the certificate of registration of an agricultural entrepreneur shall assign the identification number to the agricultural entrepreneur provided by the administrator of the basic register of persons and shall inform it of its issue.

(a) the competent authority of the national statistical service;

(b) the competent tax administrator carrying out the income tax administration;

(c) appropriate social security management;

(d) the competent office of work; and

(e) the person who, under the special legislation, maintains the Central Register of General Health Insurance policy policy insured persons.

(4) The records of an agricultural operator shall contain all the information contained in the certificate issued, including the identification number allocated on the basis of the certificate of registration issued to the agricultural operator.

(5) The agricultural entrepreneur shall notify the municipal authority which issued the certificate of registration of the agricultural entrepreneur of changes to the particulars entered in that register no later than 15 days after the date on which such changes took place; This obligation is not for an agricultural entrepreneur if there are changes to the data entered in the central population register or in the commercial register. Following notification of the change by the entrepreneur or on the basis of the information provided by the trade register or the central register of the population concerning the information entered in the register of the agricultural entrepreneur, the municipal authority of the municipality, with the extended scope of registration in the register of the agricultural entrepreneur, shall issue the agricultural entrepreneur with a change certificate of registration in the register of the agricultural entrepreneur. The municipal authority of the municipality with extended scope shall reflect the relevant changes in the records of the farm operator and inform the competent authority and the body referred to in paragraph 4 of the changes made within 30 days of their implementation.

(6) The interruption of the operation of agricultural production over a period of more than 6 months shall be notified to the competent municipal authority of the municipality with extended scope without undue delay. The operation of agricultural production shall be deemed to be interrupted on the date of receipt of the notification referred to in the first sentence or the later date indicated in the notification. On the basis of the notification, the municipal authority of the municipality, with the extended scope of registration, shall register the farm operator and inform the farm operator of the registration.

§ 2fb

(1) The data in the records of an agricultural entrepreneur kept by the municipal authorities of the municipalities with extended competence are kept in the information system of an agricultural entrepreneur whose management15) is the Ministry and the operator 15) the municipal authorities of the municipalities with extended competence to the extent provided for by this Act.

(2) Registration of an agricultural entrepreneur is a public list in the part where the name and surname or, where applicable, the business name, permanent residence or place of business are registered with a natural person, the foreign natural person also resides outside the Czech Republic, the focus of agricultural production, the identification number, and the part where the company or the name, seat, focus of agricultural production is registered with the legal person. An operator shall issue, from a public register, an extract or a certificate of registration or, where appropriate, a certificate of non-registration to the interested party. From a non-public part, the extract may be issued only to the person registered in the register of the agricultural operator or, on the basis of an officially certified mandate, to the agents of that person. The data kept in the part of the agricultural business register, which is a public register, shall be published by the Ministry in electronic form in a way that allows remote access to such data.

(3) The Ministry of the Interior provides the Ministry for the Administration of the Information System of the Registration of Agricultural Entrepreneurs under this Act from the Information System of the Population Register. The Ministry of the Interior shall provide these data in electronic form in a way that allows remote access. The data provided are data on:

(a) citizens of the Czech Republic,

1. name (s), names (s), surname (s), surname (s),

2nd birth number,

3. the address of the place of permanent residence,

4. the beginning of the permanent residence or, where applicable, the date of cancellation of the residence or the date of termination of the permanent residence in the Czech Republic;

5. depriving or restricting legal capacity;

6th date and place of death; If there is a death outside the territory of the Czech Republic, the State in whose territory the death occurred and, where applicable, the date of death,

Day 7, which was listed as the day of death in the court's decision on the death declaration,

(b) foreigners resident;

1. name (s), names (s), surname (s), surname (s),

2. the birth number, if any, or the date of birth,

3rd place and state where the stranger was born,

4. citizenship and, where appropriate, multiple citizenship,

5. type and address of residence,

6. the number and validity of the residence permit;

7. the beginning of the stay or, where applicable, the date of termination;

8. Waiver or limitation of legal capacity;

9. Date and place of death; If there is a death outside the territory of the Czech Republic, the State in whose territory the death occurred and, where applicable, the date of death,

Day 10, which was listed in the court's decision to declare himself dead as the day of death.

(4) From the data provided pursuant to paragraph 3, only such data as are necessary for the proper keeping of records of the agricultural operator may be used in a particular case.

15) Article 2 of Act No. 365 / 2000 Coll., on Information Systems of Public Administration and on the amendment of certain laws, as amended by Act No. 81 / 2006 Coll. and Act No. 110 / 2007 Coll. '

38. in Article 2fb, paragraphs 3 and 4 are deleted;

39. In Section 2fb, paragraphs 3 to 8 are added:

"(3) The Ministry of Interior or Police of the Czech Republic provides the Ministry of Enforcement under this Act

(a) reference data from the population base register;

(b) data from the population registration agendas information system;

(c) data from the agency information system of foreigners.

(4) The data provided under paragraph 3 (a) are:

(a) surname;

(b) the name and, where appropriate, the names,

(c) the address of the place of stay,

(d) date, place and district of birth; the date, place and state of birth of the data subject born abroad;

(e) the date, place and district of death; if the death of the data subject is outside the territory of the Czech Republic, the date of death, the place and the State in whose territory the death occurred; if the court's decision on the declaration of death is given, the date indicated in the decision as the date of death or the date on which the data subject declared to be dead did not survive and the date on which the decision was acquired;

(f) citizenship and, where appropriate, multiple citizenship.

(5) The data provided under paragraph 3 (b) shall be:

(a) the name and / or the names, surnames and surnames,

(b) the date of birth;

(c) the address of the place of permanent residence;

(d) citizenship and, where appropriate, multiple citizenship;

(e) the beginning of the permanent residence or, where applicable, the date of cancellation of the residence or the date of termination of the permanent residence in the Czech Republic;

(f) depriving or restricting legal capacity;

(g) birth number,

(h) the date, place and district of death;

(i) the day which, in the judgment of the court, was declared dead as the day of death or the day which the declared dead did not survive.

(6) The data provided under paragraph 3 (c) shall be:

(a) the name and / or the names, surnames and surnames,

(b) the date of birth;

(c) the place and state where the alien was born,

(d) citizenship and, where appropriate, multiple citizenship;

(e) the type and address of the place of stay;

(f) the number and validity of the residence permit;

(g) the beginning of the stay or, where appropriate, the date of termination of the stay;

(h) removal or limitation of legal capacity;

(i) birth number,

(j) the date, place and district of death;

(k) the day on which the judgment of the court referred to the death declaration as the day of death or the day on which the declaration of death did not survive.

(7) Data which are kept as reference data in the population base register shall be used from the population registration agendas or from the alien agendas only if they are in the form preceding the current situation.

(8) Only such data as are necessary to fulfil the task may be used from the data provided in a particular case. ';

40. in Paragraph 2g (1) (d), the word "alone" shall be deleted;

41. in Article 2g (1) (e), the words "no longer satisfy the condition of integrity (Article 2e (5)) or" shall be deleted.

42.In Article 2g (1), point (f) is deleted.

43. In § 2g, the sentence "The municipal office of the municipality with extended scope of registration shall be added at the end of paragraph 1 and inform the farm operator of the registration. The municipal authority of the municipality with extended scope of the resolution shall decide on the exclusion from the records of the agricultural entrepreneur. The resolution on elimination referred to in points (b) and (c) shall only be recorded in the file. ';

44. in the second sentence of Paragraph 2g (2), the word "responsible" shall be deleted.

45. in Article 2g (3), the second sentence is deleted;

46. in Article 2g (4), the words "State statistical services" are replaced by the words "referred to in Article 2fa (3)."

47. in § 2h, the words "2fa, 2fb" shall be inserted after the words "§ 2f."

48. In Section 2i, footnote 4al is deleted, footnote 4al is referred to as footnote 16, footnote 4am is renumbered as footnote 18, including the footnote reference.

49. Paragraph 2i (1), including footnote 16, reads as follows:

"(1) A natural or legal person intending to cultivate a genetically modified variety (16) on a soil block or part of a soil block, as the case may be, shall inform of the intention to cultivate that genetically modified variety of a soil block user or part of a soil block located at a distance specified for each crop by decree, from the soil block or part of the soil block on which it intends to grow that genetically modified variety, within the scope and within the time limit specified for each crop by decree prior to the anticipated start of its cultivation.

16) Act No. 219 / 2003 Coll., on the putting into circulation of seeds and propagating plants and amending certain laws (Act on the circulation of seeds and seed), as amended by Act No. 444 / 2005 Coll., Act No. 178 / 2006 Coll., Act No. 299 / 2007 Coll. and Act No. 96 / 2009 Coll. '

50. in Article 2i (2) (a), the words "on the soil block or part of the soil block, where appropriate," shall be deleted and after the words "genetically modified variety," shall be added the words "and from the place of cultivation of the genetically modified variety with a distinct unique identification code (17),"

Footnote 17 reads:

"(17) Article 3 (4) of Regulation (EC) No 1830 / 2003 of the European Parliament and of the Council on the traceability and labelling of genetically modified organisms and the traceability of food and feed products produced from genetically modified organisms and amending Directive 2001 / 18 / EC, as amended."

51. in Paragraph 2i (2) (b), the words "on the soil block or part of the soil block, as the case may be," shall be deleted;

52. in Article 2i (2) (d), the word "in writing" shall be inserted after the word "inform."

53.In Article 2i (2), point (e) is deleted.

Point (f) shall be renumbered as point (e).

(54) In Article 2i (2) (e), the word "at least" shall be inserted after the word "hold" and the words "or, where appropriate, the part of the soil block" shall be inserted after the word "block."

55. in Article 2i (4) (a), the words "(a)" shall be deleted;

56. in Article 2i (4) (c), the words "(b)" shall be deleted;

57. in § 2i (4) (e), "(f)" is replaced by "(e)";

58. in Article 2i (5), the words "paragraph 2 (d)" shall be replaced by the words "the place of cultivation of the genetically modified variety" and, at the end of the text of paragraph 5, the words "through the land use register according to user relations (hereinafter referred to as" land use register ") maintained pursuant to § 3a" shall be added.

59. In Article 3, footnotes 4o, 4p, 4y and 4ya are renumbered as footnotes 19, 20, 22 and 23, including the footnotes.

(60) In Article 3 (4) (a), the words "where appropriate, to wooded land which has been kept in the land register referred to in Article 3a as agricultural land with agricultural production referred to in Article 3i (a) to (g) or (k)," and the words "land use records" shall be replaced by the words "land use records."

61. in Paragraph 3 (4), the dot is replaced by a comma at the end of point (b) and the following point (c) is added, including footnote 21:

"(c) in the case of forest land, when deciding to grant a subsidy, with the exception of subsidies granted in the context of afforestation of agricultural land as referred to in (a), the competent authority shall base its assessment of the size of the spatial distribution units of the forest under the special legislation21).

21) Act No. 344 / 1992 Coll., on the cadastral property of the Czech Republic (cadastral law), as amended by Act No. 89 / 1996 Coll., Act No. 103 / 2000 Coll., Act No. 120 / 2000 Coll., Act No. 220 / 2000 Coll., Act No. 53 / 2004 Coll., Act No. 186 / 2006 Coll., Act No. 342 / 2006 Coll., Act No. 269 / 2007 Coll., Act No. 124 / 2008 Coll. and Act No. 8 / 2009 Coll. Act No. 289 / 1995 Coll., on forests and amending and supplementing certain laws (Forest Act), as amended by Act No. 238 / 1999 Coll., Act No. 67 / 2000 Coll., Act No. 132 / 2000 Coll., Act No. 76 / 2002 Coll., Act No. 320 / 2002 Coll., Act No. 149 / 2003 Coll., Act No. 1 / 2005 Coll., Act No. 444 / 2005 Coll., Act No. 186 / 2006 Coll., Act No. 222 / 2006 Coll., Act No. 267 / 2006 Coll., Act No. 124 / 2008 Coll. Decree No. 84 / 1996 Coll., on Forest Economic Planning. '.

62.In Article 3 (5), point (b) is deleted.

Citation	Act No. 291 / 2009 Coll., amending Act No. 252 / 1997 Coll., on Agriculture, as amended, and other related laws
Regulation Type	Law
Author	-
Collection	Code of Laws

Date of Promulgation	04.09.2009
Effective from	01.10.2009
Effective until	-
Status	Valid

Act No. 291 / 2009 Coll.

Act amending Act No. 252 / 1997 Coll., on Agriculture, as amended, and other related laws

Contents

ČÁST PRVNÍ

Čl. I

„§ 2ca

„§ 2fa

§ 2fb

Contents

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