Government Decree No 333 / 2007 Coll.
Government Regulation amending Government Regulation No. 80 / 2007 Coll., laying down certain conditions for granting payment for energy crops
Valid
Regulation
Effective from 01.01.2008
333
GOVERNMENT REGULATION
of 12 December 2007
amending Government Regulation No 80 / 2007 Coll., laying down certain conditions for granting payment for energy crops
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 Decree No 80 / 2007 Coll., laying down certain conditions for granting payment for energy crops, is amended as follows:
1. In Article 3, the following paragraph 5 is inserted after paragraph 4, including footnote 7a:
"(5) Where the applicant cultivates and uses an energy crop as a raw material on his or her own holding in accordance with the directly applicable European Community Regulation (7a) or, where applicable, the energy crop listed in the Annex to this Regulation, the proof of the acquisition of the energy plant on his or her own holding and, where appropriate, an officially certified copy thereof, including the technical documentation demonstrating the possibility of processing the energy crop in that establishment; in this case, the applicant shall not support the application under paragraph 1 (g).
(a) Article 33 of Commission Regulation (EC) No 1973 / 2004, as amended. ';
Paragraph 5 shall become paragraph 6.
2. In Section 4, footnote 8, "Article 30 'is replaced by" Article 26'.
3. Paragraph 6 (2), including footnote 11, reads as follows:
"(2) The Fund shall provide the applicant with a payment if, by 30 November of the calendar year concerned, the applicant or the collector or first processor, as the case may be, delivers a declaration to the Fund in accordance with the directly applicable European Communities Regulation (11) on the form issued by the Fund; in the case of sugar beet harvesting, the applicant or collector or, where applicable, the first processor of the Fund shall deliver this declaration by 31 January of the year following the year of application.
11) Article 27 (2) of Commission Regulation (EC) No 1973 / 2004, as amended. '
4. Paragraph 6 (3), including footnote 12, reads as follows:
"(3) Where an applicant cultivates and uses an energy crop as a raw material on his or her own holding in accordance with the directly applicable regulation of the European Communities (7a) or, where applicable, the energy crop listed in the Annex to this Regulation,
(a) deliver a declaration to the Fund by 30 November of the relevant calendar year in accordance with the directly applicable European Communities Regulation (12) on the form issued by the Fund; in the case of beet harvesting, the applicant shall deliver this declaration to the Fund by 31 January of the year following the year of the application;
(b) process this energy raw material no later than 31 July of the second year following the year of harvest.
12) Article 34 (2) of Commission Regulation (EC) No 1973 / 2004, as amended. '
5. In footnote 13, "Article 32 'is replaced by" Article 29'.
6. In Article 6, the following paragraphs 7 and 8 are inserted after paragraph 6, including footnote 15a:
"(7) The Fund shall grant payment to the applicant who grows and uses the energy crop as a raw material on his own economy under the directly applicable Regulation of the European Communities (15a), provided that, on a form issued by the Fund, he maintains:
(a) records of the quantity and type of energy crop harvested broken down by individual soil block or part of the soil block on which the harvested energy crop used as raw material has been grown;
(b) for each previous calendar month, records of:
1. the quantity and type of processed energy crop used as raw material; or
2. the quantity and type of processed energy crop used as raw material and the quantity and type of biofuel produced and its use where the raw material has been used in the production of transport biofuels; or
3. the quantity and type of processed energy crop used as raw material and the amount of electricity produced where the raw material has been used in the production of electricity.
(8) The Fund grants payment to the applicant who grows and uses the energy crop as a raw material on his own farm under the directly applicable Regulation of the European Communities (15a) if he undertakes not to spread the cultivated energy crop listed in the Annex to this Regulation outside the crop area.
15a) Article 38 (4) of Commission Regulation (EC) No 1973 / 2004, as amended. '
Paragraphs 7 and 8 shall be renumbered paragraphs 9 and 10.
7. in Article 6 (9), the words "paragraphs 1 and 2 'are replaced by the words" paragraphs 1, 2, 7 and 8';
8. Paragraph 8 (1) reads as follows:
"(1) Buyer or first processor, as appropriate, shall provide the Fund with information on the place of processing of the energy crop delivered by the applicant using the form issued by the Fund by 15 May at the latest in the first calendar year of processing the energy crop or, where appropriate, by that date in the calendar year in which it changed the place of processing."
9. Paragraph 8 (2) is deleted.
Paragraphs 3 and 4 shall become paragraphs 2 and 3.
10. Paragraph 8 (3), including footnote 20, is deleted.
Paragraph 4 shall become paragraph 2.
11. In footnote 21, "Article 39 'is replaced by" Article 38'.
12. in Article 9 (2), "§ 3 (5)" is replaced by "§ 3 (6)";
13. in Article 9 (3), the words "and Article 6 (3) (a)" shall be inserted after the words "applicant of the declaration referred to in Article 6 (2)."
14. In Article 9, the following paragraphs 5 and 6 are inserted after paragraph 4:
"(5) If the Fund finds that an applicant who cultivates and uses an energy crop as a raw material on his or her own economy pursuant to the directly applicable provisions of the European Community7a) does not keep records pursuant to Paragraph 6 (7), it shall not make payment to the applicant.
(6) If the Fund finds that the applicant who cultivates and uses the energy crop as a raw material on his or her own economy has not complied with the condition laid down in Article 6 (8), the payment to the applicant shall be reduced by 10%. ';
Paragraphs 5 to 9 shall be renumbered paragraphs 7 to 11.
15.
"Annex to Government Decree No. 80 / 2007 Coll.
List of energy crops referred to in Article 3 (5)
| laskavec | Amaranthus |
| konopí seté | Cannabis sativa L. |
| světlice barvířská - saflor včetně semen | Carthamus tinctorius L. |
| slézy | Malva L. spp. |
| komonice bílá (jednoletá a dvouletá) | Melilotus alba |
| hořčice sareptská | Brassica juncea |
| čirok | Sorghum spp. |
| ředkev olejná | Raphanus sativus L. var. oleiformis Pers. |
| mužák prorostlý | Silphium perfoliatum |
| jestřabina východní | Galega orientalis |
| čičorka pestrá | Coronilla varia |
| šťovík krmný | Rumex tianshanicus x Rumex patientia |
| sléz vytrvalý | Kitaibelia vitifolia |
| sveřep bezbranný | Bromus inermis |
| sveřep horský (samužníkovitý) | Bromus cartharticus |
| psineček veliký | Agrostis gigantea |
| lesknice (chrastice) rákosovitá | Phalaris arundinacea |
| kostřava rákosovitá | Festuca arundinacea |
| ovsík vyvýšený | Arrehenatherum elatius |
| srha laločnatá | Dactilis glomerata L. |
| proso vytrvalé | Panicum virgatum |
| ozdobnice | Miscanthus |
| řepa cukrová (cukrovka) | Beta vulgaris L. |
| lilek brambor | Solanum tuberosum |
| řepice olejná | Brassica rapa subsp. oleifera (DC.) Metzg |
| ostatní trávy | Poaceae Barnhart |
| ostatní jeteloviny | Fabaceae Lindl. |
Transitional provisions
1. Legal relationships arising before the date of entry into force of this Regulation shall be assessed in accordance with existing legislation.
2. Subsidy procedures managed by the Fund and not completed by the date of entry into force of this Regulation shall be completed and the rights and obligations arising therefrom shall be assessed in accordance with the existing legislation.
Efficacy
This Regulation shall enter into force on 1 January 2008, with the exception of Article I (3) and (10), which shall take effect on 15 December 2007.
Prime Minister:
Ing. Topolánek v. r.
Minister for Agriculture:
Mgr. Gandalovich v. r.
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Regulation Information
| Citation | Government Regulation No 333 / 2007 Coll., amending Government Regulation No 80 / 2007 Coll., laying down certain conditions for granting payment for energy crops |
|---|---|
| Regulation Type | Regulation |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 14.12.2007 |
|---|---|
| Effective from | 01.01.2008 |
| Effective until | - |
| Status | Valid |
Legal Areas:
Finance
The regulation text is for informational purposes only.
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