Government Decree No. 320 / 2008 Coll.
Government Regulation amending Government Regulation 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 Regulation No. 83 / 2006 Coll. and Government Regulation No. 33 / 2007 Coll.
Valid
Regulation
Effective from 08.09.2008
320
GOVERNMENT REGULATION
of 20 August 2008
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 by Government Regulation No 83 / 2006 Coll. and Government Regulation No 33 / 2007 Coll.
The Government orders pursuant to § 2b (2) of Act No. 252 / 1997 Coll., on Agriculture, as amended by Act No. 128 / 2003 Coll. and Act No. 441 / 2005 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 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 by Government Regulation No. 83 / 2006 Coll. and Government Regulation No. 33 / 2007 Coll., is amended as follows:
1. Paragraph 1 (1), including footnote 1, reads as follows:
"(1) This Regulation lays down detailed rules for the implementation of the measures of the common organisation of the market in wine, following the directly applicable rules of the European Communities (1) (hereinafter referred to as the" Regulation of the European Communities').
1) Council Regulation (EC) No 479 / 2008 of 29 April 2008 on the common organisation of the market in wine, amending Regulations (EC) No 1493 / 1999, (EC) No 1782 / 2003, (EC) No 1290 / 2005 and (EC) No 3 / 2008 and repealing Regulations (EEC) No 2392 / 86 and (EC) No 1493 / 1999. Commission Regulation (EC) No 555 / 2008 of 27 June 2008 laying down detailed rules for the application 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 controls in the wine sector. '
2. Paragraph 2, including the title and footnotes No 2 to 6, reads:
Growing premium
(1) The application for the grubbing-up premium under the directly applicable regulation of the European Communities governing the common organisation of the market in wine (2) shall be submitted by the grower to the State Agricultural Intervention Fund (3) (hereinafter referred to as the Fund) on the form issued by him before 31 July of the calendar year (4).
(2) The application referred to in paragraph 1 shall contain, in addition to the particulars laid down in the directly applicable regulation of the European Communities governing the common organisation of the market in wine (2):
(a) the soil block number and, where appropriate, the part of the soil block on which the grubbed-up vineyard is situated;
(b) the area of part of the soil block, or part of the soil block on which the grubbed-up vineyard is situated, unless the whole of the soil block or part of the soil block is grubbed up;
(c) a plot of the grubbed-up part of the soil block, or part of the soil block, in a map of 1: 10 000 or more in more detail, where the grower does not cover the whole area of the soil block or part of the soil block, as the case may be.
(3) Areas not eligible under the directly applicable Regulation of the European Communities governing the common organisation of the market in wines5) for the submission of applications under paragraph 1 are listed in the Annex to this Regulation.
(4) The grubbing-up of the vineyard by the grower shall be carried out no later than 31 May of the calendar year 6) following the year in which the premium application referred to in paragraph 1 was lodged.
2) Article 98 to 107 of Council Regulation (EC) No 479 / 2008. Article 67 to 75 and Annex XV to Commission Regulation (EC) No 555 / 2008.
3) Act No. 256 / 2000 Coll., on the State Agricultural Intervention Fund and amending certain other laws (Act on the State Agricultural Intervention Fund), as amended.
4) Article 102 (1) of Council Regulation (EC) No 479 / 2008.
5) Article 104 (5) of Council Regulation (EC) No 479 / 2008.
6) Article 70 (c) of Commission Regulation (EC) No 555 / 2008. '
3. Paragraph 3, including the title and footnotes Nos 7 to 10, reads:
Determination of priority criteria and good agricultural and environmental condition
(1) If the funds allocated to the Czech Republic from the European Union's budget for the grubbing-up premium are lower than the sum of all the entitlements of the applications referred to in Article 2 (1), the Fund shall decide on the applications referred to in Article 2 (1) on the basis of these priority criteria (7) in the following order:
(a) the higher percentage of grubbed-up vineyards of the applicant in proportion to the total size of all the vineyards of the applicant;
(b) the higher average age of the applicant's grubbed-up vineyards.
(2) The conditions of good agricultural and environmental status (8) are met by the applicant if:
(a) the landscape elements, which are boundaries, terraces, groups of trees, tree lines and grasses, shall not be deleted;
(b) the cultivation of maize, potatoes, beet, seed, soya and sunflower on soil blocks, or parts of soil blocks (9), with an average gradient exceeding 12 degrees, is excluded;
(c) manure or slurry shall be incorporated into the soil within 24 hours of application, except for line fertilisation by hose applicators, on soil blocks, or parts of soil blocks, with a registered agricultural culture of arable land and with an average gradient exceeding 3 degrees, unless such application excludes specific legislation10);
(d) there has been no change in the agricultural culture of grassland to the agricultural culture of arable land;
(e) there has been no burning of herbal residues on soil blocks, or on soil block parts.
7) Article 71 of Commission Regulation (EC) No 555 / 2008.
8) Article 103 of Council Regulation (EC) No 479 / 2008.
9) § 3a et seq. of Act No. 252 / 1997 Coll., on Agriculture.
10) Act No. 254 / 2001 Coll., on waters and on the amendment of certain laws (Water Act), as amended. § 7 of Decree No. 103 / 2003 Coll., on the determination of vulnerable areas and on the use and storage of fertilisers and manure, crop rotation and the implementation of anti-erosion measures in these areas, as amended by Decree No. 219 / 2007 Coll. and Decree No. 108 / 2008 Coll. '
4. Paragraph 4, including the title and footnotes Nos 11 to 14, reads:
Deciding on the grubbing-up premium
(1) If the Fund finds that the applicant has infringed negligence (11) one of the conditions referred to in Article 3 (2) on the area of agricultural land which is:
(a) less than or equal to 3% of the total area of all soil blocks or parts of soil blocks registered in the applicant's register, shall reduce the premium referred to in Article 2 (1) by 1%;
(b) higher than 3% and less than or equal to 30% of the total area of all soil blocks or parts of soil blocks registered in the applicant's register, shall reduce the premium referred to in Article 2 (1) by 3%;
(c) above 30% of the total area of all soil blocks or parts of soil blocks registered in the applicant's register, shall reduce the premium referred to in Article 2 (1) by 5%.
(2) If the Fund finds that the applicant has intentionally infringed (12) one of the conditions referred to in Article 3 (2) on the area of agricultural land which is:
(a) less than or equal to 3% of the total area of all soil blocks or parts of soil blocks registered in the applicant's register, shall reduce the premium referred to in Article 2 (1) by 20%;
(b) higher than 3% and less than or equal to 30% of the total area of all soil blocks or parts of soil blocks registered in the applicant's register, shall reduce the premium referred to in Article 2 (1) by 50%,
(c) more than 30% of the total area of all soil blocks or parts of soil blocks registered in the applicant's register shall not grant the premium referred to in Article 2 (1) to the applicant.
(3) If the Fund finds that the applicant has repeatedly infringed (13) one of the conditions laid down in Article 3 (2), the premium referred to in Article 2 (1) will reduce the applicant's premium in accordance with the rules of the European Community14).
11) Article 66 of Commission Regulation (EC) No 796 / 2004 of 21 April 2004 laying down detailed rules for the application of cross-compliance, modulation and the integrated administration and control system referred to in Council Regulation (EC) No 1782 / 2003 establishing common rules for direct support schemes under the common agricultural policy and establishing certain support schemes for farmers, as amended.
12) Article 67 of Commission Regulation (EC) No 796 / 2004.
13) Article 41 (a) of Commission Regulation (EC) No 796 / 2004.
14) Article 66 (4) and (5) of Commission Regulation (EC) No 796 / 2004. '
5. Sections 5 to 7 and 9 are deleted.
6. Sections 8 to 8j are deleted.
7. the Annex shall read as follows:
"Annex to Government Decree No 245 / 2004 Coll.
Areas not eligible for application (§ 2 (3))
| Vinice ve vinařských obcích | Praha – Troja |
| Praha 2 | |
| Praha 6 | |
| Praha 9 | |
| Praha 12 | |
| Karlštejn | |
| Brno – Bystrc | |
| Brno – Chrlice | |
| Brno – Medlánky | |
| Brno – Obřany – Maloměřice | |
| Brno – Tuřany | |
| Brno – Vinohrady |
Transitional provisions
1. Legal relationships arising before the date of entry into force of this Regulation shall be assessed in accordance with the existing legislation.
2. For the calendar year 2008, applications pursuant to Article 2 (1) of Decree No. 245 / 2004 Coll., as effective from the date of entry into force of this Regulation, may be submitted to the Fund by 15 September 2008.
Efficacy
This Regulation shall enter into force on 8 September 2008, with the exception of Article I (6), which shall take effect on 16 October 2008.
Prime Minister:
Ing. Topolánek v. r.
Minister for Agriculture:
Mgr. Gandalovich v. r.
Sign in for notes, favorites and notifications
Regulation Information
| Citation | Government Regulation No. 320 / 2008 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 by Government Regulation No. 83 / 2006 Coll. and Government Regulation No. 33 / 2007 Coll. |
|---|---|
| Regulation Type | Regulation |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 29.08.2008 |
|---|---|
| Effective from | 08.09.2008 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
Comments 0