Government Regulation No. 327 / 2015 Coll.
Government Regulation amending Government Regulation No. 142 / 2014 Coll., laying down closer conditions for the implementation of measures of the common organisation of the markets in agricultural products in the wine-growing and wine-growing sector, as amended by Government Regulation No. 308 / 2014 Coll., and Government Regulation No. 318 / 2008 Coll., on the implementation of certain measures of the common organisation of the market in fruit and vegetables, as amended
Valid
Regulation
Effective from 15.12.2015
327
GOVERNMENT REGULATION
of 2 December 2015
amending Government Regulation No 142 / 2014 Coll., laying down closer conditions for the implementation of measures of the common organisation of the markets in agricultural products in the field of wine-growing, as amended by Government Regulation No 308 / 2014 Coll., and Government Regulation No 318 / 2008 Coll., on the implementation of certain measures of the common organisation of the market in fruit and vegetables, 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., Act No. 291 / 2009 Coll. and Act No. 179 / 2014 Coll.:
Amendment of Decree No. 142 / 2014 Coll., on the establishment of closer conditions for the implementation of measures of the common organisation of the markets in agricultural products in the field of wine-growing and wine-growing
Government Regulation No 142 / 2014 Coll., on the establishment of closer conditions for the implementation of measures of the common organisation of the markets in agricultural products in the field of wine-growing and wine-growing, as amended by Government Regulation No 308 / 2014 Coll., is amended as follows:
1. At the end of footnote 1, the sentences "Commission Delegated Regulation (EU) 2015 / 560 of 15 December 2014 supplementing Regulation (EU) No 1308 / 2013 of the European Parliament and of the Council with regard to the system of authorisations for vine plantings are added. Commission Implementing Regulation (EU) 2015 / 561 of 7 April 2015 laying down detailed rules for the application of Regulation (EU) No 1308 / 2013 of the European Parliament and of the Council as regards the system of authorisations for vine plantings. ';
2. in Article 2 (2) (a), the word "or" shall be deleted;
3. In Article 2 (2), at the end of paragraph 2, the dot is replaced by "or 'and the following point (c) is added:
"(c) a technique to improve the management of the vineyard."
4. Paragraph 2 (4) reads as follows:
"(4) Only the whole part of the soil block may be grubbed by the applicant. ';
5. In Articles 2 (5) and 9 (9), the words "soil blocks or parts thereof 'are replaced by the words" soil blocks'.
6. In Article 2 (6), the words "in the period until 31 December 2015 'are replaced by the words" in which' and at the end of the paragraph, the sentence "In the case of a re-planting permit before 18) in the period from 1 January 2016, the implementation of the measure shall also mean the fulfilment of the obligation to grubbing up the area of the vineyard until the end of the fourth year following the registration of the vineyard under the Vineyard and Wines Act on which the re-planting permit was granted. ';
7. In § 2 (7), § 3 (1) of the introductory part of the provision, § 3 (3), § 4 (1) of the introductory part of the provision, § 4 (3) and § 9 (6), the words "soil block or part thereof" are replaced by the words "soil block part."
8. In Paragraph 2 (9), the words "soil block or 'are deleted.
9. In Article 2 (10), the words "in the period until 31 December 2015 'shall be inserted after the words" in the period until 31 December 2015' and at the end of the paragraph, the words "the applicant may only use valid authorisations for replanting in accordance with Articles 3 and 4 in the period from 1 January 2016 ', registered in the vineyard register and granted on the basis of grubbing-up of the vineyard carried out after checking the Fund. The applicant may only use valid authorisations for replanting registered in the vineyard register and granted on the basis of grubbing-up of the vineyard carried out after the control of the Fund for the restructuring and conversion of vineyards under Paragraph 4a.'
footnotes 38 and 39 read:
"(38) Articles 66 and 68 of Regulation (EU) No 1308 / 2013 of the European Parliament and of the Council, as amended.
39) Article 66 of Regulation (EU) No 1308 / 2013 of the European Parliament and of the Council, as amended. '
10.Paragraph 2 (11) reads as follows:
"(11) Where, for the restructuring and conversion of vineyards referred to in points (a) and (b) of paragraph 2, an applicant uses valid replanting rights registered in the vineyard register and granted on the basis of grubbing-up of the vineyard before 5 September 2010 or the replanting rights from the vineyard checked by the Fondem4) prior to the grubbing-up of the vineyard, without applying the procedure referred to in paragraph 3, the Fund shall submit an application before the implementation of the measures referred to in paragraph 210. If, from 1 January 2016, the applicant uses valid authorisations for replanting registered in the vineyard register and granted on the basis of grubbing-up of the vineyard before 5 September 2010 or re-planting from the vineyard checked by the Fondem4) prior to the grubbing-up of the vineyard without applying the procedure referred to in paragraph 3, the Fund shall submit an application before the implementation of the measures referred to in paragraph 210. The applicant shall not commence the implementation of the measures less than 4 months after the application has been submitted or before the Fund has been checked on the soil block parts on which a new vineyard will be planted. After the implementation of the measure, the applicant shall notify the Fund in accordance with paragraph 5. ';
11. in Article 3 (1) (a) and Article 4 (1) (a), the words "in the period until 31 December 2015 or from which the re-planting permit was granted in the period from 1 January 2016" shall be inserted after the words "planting."
12. in Article 3 (1) (c), the words "or re-planting permit" shall be inserted after the word "planting."
13. in § 3 (2) (a) and (e), § 3 (4), § 3 (7) of the introductory part of the provision, § 4 (2) (a) and (e), § 4 (4) (a) and (b), § 4 (7) of the introductory part of the provision, § 9 (8) and § 10 (1) of the introductory part of the provision, the words "soil block or part thereof" shall be replaced by "part of the soil block."
14. in Article 3 (2) (a), the words "in the period until 31 December 2015 or the re-planting permit in the period from 1 January 2016" shall be inserted after the words "in the period until 31 December 2015 or the re-planting permit in the period from 1 January 2016"; the words "in the period from 1 January 2016" shall be added.
15. in Article 3 (2) (b), the words "or parts of this area" shall be deleted;
16. in Articles 3 (3) and (5), 4 (1) (e), 4 (5) and 11 (2), the words "soil block or part thereof" are replaced by the words "soil block part."
17. the word "a" shall be added at the end of Article 3 (4) and Article 4 (4).
18. in Article 4 (2) (a), the words "until 31 December 2015 or the re-planting permit in the period from 1 January 2016" shall be inserted after the words "until 31 December 2015 or the re-planting permit in the period from 1 January 2016"; the words "until 31 December 2015 or the re-planting permit in the period from 1 January 2016" shall be added;
19. The following Section 4a is inserted after Section 4:
Technique improving the management of vineyards
(1) Aid for measures to improve the management of vineyards is paid for the whole of the soil block (11) if:
(a) the restructured part of the vineyard from which the replanting right was granted for the period until 31 December 2015 or from which the re-planting permit for the period from 1 January 2016 originates, has more than 50% of vine bushes over 10 years of age at the time of grubbing-up; in the case of newly acquired vineyards registered by the applicant in the vineyard register, within 12 months prior to the submission of the aid application, more than 50% of the vine shrubs older than 5 years of age shall be more than 50% from the date of application;
(b) the area planted or the sum of the area so restructured shall not fall below 0,2 hectares;
(c) the planting or disposal is carried out by a wine grape variety (12) registered in the Czech Republic or in another Member State of the European Union with a number of shrubs of at least 3 572 pieces per ha planted area of the vineyard; and
(d) by planting or planting, the number of shrubs per hectare of planted area shall be increased by at least 1 000 head above the original number of shrubs per hectare of vineyard area; planting or planting shall be carried out by planting or planting whole whole whole rows of the whole length of the restructured vineyard.
(2) In the application referred to in Article 2 (1), the grower shall indicate:
(a) the number of the part of the soil block from which the re-planting permit will be used after grubbing-up of the vineyard, or the part of the soil block to be grubbed up on the basis of the re-planting permit before 38);
(b) the area planted with the grubbed-up vineyard registered in the register or part thereof;
(c) the list of varieties to be grubbed up;
(d) the way in which the grubbed-up vineyard is grown;
(e) the number of the part of the soil block on which a new vineyard will be planted or planted; and
(f) an indication of whether the plant or plant is concerned.
(3) Where a grower places a new vineyard on a non-grubbed-up piece of the soil block referred to in paragraph 2 (a) and that part of the soil block is registered as a vineyard on the date on which the application is submitted, the grower shall indicate in the application the area planted, the variety and the cultivation method.
(4) In the notification of the implementation of the measure, the applicant for the part of the soil block referred to in paragraph 2 (a) (ii) (ii) (iii) (iv) (iv) (iv) (iv) (v) (v) (v) (v) (v) (v) (v) (v) (v) (v) (v) (v) (v) (v) (v) (v) (v) (v) (v) (v) (v) (v) (v) (e) indicate:
(a) the area planted with the area of the newly planted vineyard or the part of the vineyard planted;
(b) the varietal composition of the part of the vineyard occupied;
(c) the method of cultivation of the newly planted or planted vineyard; and
(d) the number of grapevine shrubs per ha planted area of the vineyard or part of the vineyard planted. ';
20. In Article 6, at the end of paragraph 1, the dot is replaced by a comma and the following points (c) and (d) are added:
"(c) a technique improving the management of vineyards by planting
1. CZK 325 000 per ha planted area of the vineyard in case the number of vines exceeds or is equal to 3,572 head per ha planted area of the vineyard,
2. 400 000 CZK per ha planted area of the vineyard in case the number of vines exceeds 4,500 head per ha planted area of the vineyard,
3. 450 000 CZK per ha planted area of the vineyard in case the number of vines exceeds 5,500 head per ha planted area of the vineyard, or
4. 500 000 CZK per ha planted area of the vineyard in case the number of vines exceeds 6,500 head per ha planted area of the vineyard,
(d) a technique to improve the management of vineyards through the establishment of:
1. 162 500 CZK per ha planted area of the vineyard in case the number of vines exceeds or is equal to 3 572 head per ha planted area of the vineyard,
2. 200 000 CZK per ha planted area of the vineyard in case the number of vines exceeds 4,500 head per ha planted area of the vineyard,
3. 225 000 CZK per ha planted area of the vineyard in case the number of vines exceeds 5,500 pieces per ha planted area of the vineyard, or
4. 250 000 CZK per ha planted area of the vineyard in case the number of vines exceeds 6,500 head per ha planted area of the vineyard. "
21. In Article 6 (2), the words "or re-planting permit" shall be inserted after the words "vineyard and replanting right" and the words "or re-planting permit (18) shall be inserted after the word" in advance. "
22. footnote 18 reads:
"(18) Article 66 (2) of Regulation (EU) No 1308 / 2013 of the European Parliament and of the Council, as amended. Article 3 of Commission Delegated Regulation (EU) 2015 / 560 Article 8 (3) of Commission Implementing Regulation (EU) 2015 / 561. '
23. in Articles 6 (2), 7 (1) and 9 (1) and (2), the words "or 4" shall be replaced by "4 or 4a."
24. In the first sentence of Article 6 (3), the words "or re-planting right 'shall be inserted after the words" or re-planting right'; in the second sentence, the words "31 December 2015 'shall be inserted after the words" or re-planting permit'; and at the end of the text of the paragraph the words "or re-planting permit shall be added before 18) ';
25. in Article 6 (4), the words "and (b)" shall be replaced by the words "to (c)" and the words "and according to Article 4" shall be replaced by "4 and 4a."
26. in Article 6 (7), "and 4" is replaced by "4 and 4a."
27. in Article 6 (12) and (13), the number "4a" is inserted after the number "4."
28. in Paragraph 6 (13), the words "in which the Fund has been decided" shall be deleted.
29. in Article 7 (1), the words "or re-planting permit" shall be inserted after the words "vine planting."
30. in Article 8 (2), the words "soil blocks, where appropriate," shall be deleted;
31st Paragraph 9 (7) reads as follows:
"(7) If the Fund finds a breach of the condition referred to in Articles 3 (1) (a), 3 (1) (c) or 4 (1) (a) for one of the replanting rights or re-planting permits, it shall grant aid to the applicant for that part of the part of the soil block for which the condition has been met. If the Fund finds a breach of the condition laid down in Paragraph 4a (1) (a) for one of the replanting permits, it shall grant aid to the applicant for that part of the land block for which the condition has been met. ';
32. in Article 9 (8), the words "or re-planting permit" shall be inserted after the words "Article 4 (2) (a)"; the words "or" shall be deleted and the words "or Article 4a (2) (a)" shall be added at the end of the text of the paragraph. "
33.In Paragraph 9 (9), the words "soil blocks or parts thereof" are replaced by the words "soil blocks parts."
34. in Article 10 (1) (a), the words "or re-planting permit" shall be inserted after the word "planting."
35. in Article 10 (1) (b), the words "31 December 2015" shall be inserted after the words "planting."
36. the following Section 10a is inserted after Section 10, including the title and footnote 40:
Notification of the transfer of a business establishment
(1) In the case of a transfer of a commercial plant at the time of the start of the procedure for an aid application pursuant to Article 2 or the duration of the fulfilment of cross-compliance conditions under European Union rules, the transferee shall notify the Fund of this fact by service of the notification of the transfer of a commercial plant using a form issued by the Fund, no later than 30 calendar days from the date of registration of land block parts in the register of the transferee.
(2) In the case of a transfer of a commercial establishment at the time of the start of the procedure for an aid application pursuant to Article 5 or at the time of the fulfilment of the condition under the European Union40), the transferee shall notify the Fund of this fact by delivering a notification of the transfer of a business establishment using a form issued by the Fund, no later than 30 calendar days from the date of application of the contract for the transfer of the business establishment.
(3) The acquirer to whom the rights and obligations have been transferred as a result of the transfer of a business establishment following the granting of the aid to a transferor pursuant to § 2 or 5 must undertake, in the notification of the transfer of a business establishment, to comply with the conditions of the aid which the transferor has undertaken to comply with.
40) Article 231 of Regulation (EU) No 1308 / 2013 of the European Parliament and of the Council, as amended. Council Regulation (EC) No 1234 / 2007. '
37. Article 11 shall be deleted, including the title.
38. In Article 12, the words "or a pre-granted replanting permit 38 'shall be inserted after the words" European Union Regulation (33)'.
39. footnotes 35 to 37 are deleted.
40. In Annex 2, the words "Farmer at Kutná Hora 'are deleted.
Transitional provision
The procedure for applications submitted pursuant to Article 2 of Decree-Law No 142 / 2014 Coll. initiated before the date of entry into force of this Regulation, for which the applicant has not notified the implementation of the measure pursuant to Article 2 (5) of Decree-Law No 142 / 2014 Coll., as effective before the date of entry into force of this Regulation, shall be completed in accordance with Government Regulation No 142 / 2014 Coll., as effective before the date of entry into force of this Regulation.
Amendment of Government Regulation No. 318 / 2008 Coll., on the implementation of certain measures of the common organisation of the market in fruit and vegetables
Government Regulation No. 318 / 2008 Coll., on the implementation of certain measures of the common organisation of the market in fruit and vegetables, as amended by Government Regulation No. 215 / 2010 Coll., Government Regulation No. 309 / 2012 Coll. and Government Regulation No. 179 / 2015 Coll., are amended as follows:
1. The following Section 11a is inserted after Section 11, including the title and footnotes 47 to 50:
Aid for temporary exceptional support measures
(1) Support 47) for the withdrawal, green harvesting or non-harvesting of fruit and vegetables from the market is granted for selected products listed in the directly applicable European Union48) and produced in the Czech Republic.
(2) A prior notification of the implementation of the measure referred to in paragraph 1 shall be sent by the applicant to the Fund in accordance with the directly applicable European Union49) by 30 April 2016 at the latest using the form issued by the Fund.
(3) In order to calculate the aid for the measures referred to in paragraph 1, the yields of the selected products for the conversion of areas notified by the applicant to the Fund in hectares for the quantity of products in tonnes and the maximum amount of aid shall be as set out in Annex 3 to this Regulation.
(4) The aid application shall be forwarded by the applicant to the Fund by 31 July 2016 at the latest using the form issued by the Fund.
(5) Where the area recognised, converted into tonnes and the quantity recognised in tonnes of aid applications received exceeds 3 000 tonnes, the Fund will reduce the support of individual applicants proportionately.
47) Article 1 (1) of Commission Delegated Regulation (EU) No 1031 / 2014 of 29 September 2014 laying down further temporary exceptional support measures for producers of certain fruit and vegetables, as amended.
48) Article 1 (2) of Commission Delegated Regulation (EU) No 1031 / 2014, as amended.
49) Articles 78 (1) and 85 of Commission Implementing Regulation (EU) No 543 / 2011, as amended.
50) Article 2 (1) of Commission Delegated Regulation (EU) No 1031 / 2014, as amended. ';
2. The following Annex 3 is added, including the title:
"Annex No 3 to Government Regulation No 318 / 2008 Coll.
Proceeds of selected products for the conversion of areas notified by the applicant to the State Agricultural Intervention Fund in hectares for quantities of products in tonnes and maximum amount of aid
| Druh ovoce nebo zeleniny | Průměrné výnosy (t/ha) | Sklízení nezralého ovoce a zeleniny nebo jejich nesklízení | Stahovaní z trhu s jiným určením produktů | ||||
|---|---|---|---|---|---|---|---|
| Členové organizací producentů | Nečlenové | Členové organizace producentů | Nečlenové | ||||
| Celková podpora EUR/ha | Příspěvek EU (75 %) EUR/ha | Příspěvek OP (25 %) EUR/ha | Příspěvek EU (50 %) EUR/ha | Příspěvek EU (75 %) EUR/t | Příspěvek EU (50 %) EUR/t | ||
| Jablka | 15,01 | 1 785,89 | 1 339,42 | 446,47 | 892,94 | 99,15 | 66,10 |
| Hrušky | 11,42 | 1 634,20 | 1 225,65 | 408,55 | 817,10 | 119,25 | 79,50 |
| Rajčata | 41,00 | 6 752,70 | 5 064,53 | 1 688,18 | 3 376,35 | 137,25 | 91,50 |
| Mrkev nebo karotka | 39,00 | 2 997,54 | 2 248,16 | 749,39 | 1 498,77 | 64,05 | 42,70 |
| Zelí | 57,00 | 1 990,44 | 1 492,83 | 497,61 | 995,22 | 29,10 | 19,40 |
| Paprika zeleninová (sladká paprika) | 40,00 | 10 800,00 | 8 100,00 | 2 700,00 | 5 400,00 | 225,00 | 150,00 |
| Květák a brokolice | 16,00 | 1 514,88 | 1 136,16 | 378,72 | 757,44 | 78,90 | 52,60 |
| Okurky salátové | 36,00 | 5 184,00 | 3 888,00 | 1 296,00 | 2 592,00 | 120,00 | 80,00 |
| Okurky nakládačky | 42,00 | 6 048,00 | 4 536,00 | 1 512,00 | 3 024,00 | 120,00 | 80,00 |
| Švestky | 3,93 | 721,55 | 541,16 | 180,39 | 360,77 | 153,00 | 102,00 |
| Bobuloviny (maliny, ostružiny, moruše, rybízy, angrešt, borůvky, brusinky) | 2,30 | 175,95 | 131,96 | 43,99 | 87,98 | 63,75 | 42,50 |
| Broskve a nektarinky | 3,30 | 798,93 | 599,20 | 199,73 | 399,47 | 201,75 | 134,50 |
"
EFFECTIVE
This Regulation shall enter into force on 15 December 2015, with the exception of Article I (37), which shall take effect on 1 January 2016.
Prime Minister:
Sobotka v. r.
Minister for Agriculture:
Ing. Jurečka v. r.
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Regulation Information
| Citation | Government Regulation No. 327 / 2015 Coll., amending Government Regulation No. 142 / 2014 Coll., laying down closer conditions for the implementation of measures of the common organisation of the markets in agricultural products in the wine-growing and wine-growing sector, as amended by Government Regulation No. 308 / 2014 Coll., and Government Regulation No. 318 / 2008 Coll., on the implementation of certain measures of the common organisation of the market in fruit and vegetables, as amended |
|---|---|
| Regulation Type | Regulation |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 09.12.2015 |
|---|---|
| Effective from | 15.12.2015 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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