Decree No. 34 / 2019 Coll.
Decree on compensation to breeders who carry out animal husbandry for fur
Valid
Order
Effective from 27.02.2019
Text versions:
27.02.2019
12.02.2019
34
DECLARATION
of 5 February 2019
on the compensatory allowance to breeders who farm animals for fur
According to Article 29c (6) of Act No. 246 / 1992 Coll., the Ministry of Agriculture provides for the protection of animals against abuse, as amended by Act No. 255 / 2017 Coll., hereinafter referred to as "the Act ':
Subject matter
This decree regulates the details of the method and extent of the granting of the compensatory allowance (1) to breeders who, in the course of their business, carry out animal husbandry for furskins and cease their activity by 31 January 2019 (the applicant).
Method of granting compensation
(1) An application pursuant to Article 29c (3) and (4) of the Act on the granting of compensation to a breeder who, in the course of a business activity, operates animal husbandry for furskins and ceases his activity by 31 January 2019 (hereinafter referred to as "the application") shall be submitted by the applicant to the Ministry of Agriculture (hereinafter referred to as "the Ministry") on a form to be published by the Ministry on its website.
(2) The compensation shall be granted as de minimis aid in accordance with:
(a) Commission Regulation (EU) No 1408 / 2013 of 18 December 2013 on the application of Articles 107 and 108 of the Treaty on the Functioning of the European Union to de minimis aid in the agricultural sector; or
(b) Commission Regulation (EU) No 1407 / 2013 of 18 December 2013 on the application of Articles 107 and 108 of the Treaty on the Functioning of the European Union to de minimis aid where the applicant ceases to operate in the field of agricultural primary production.
(3) The application, in addition to the general requirements laid down in the administrative rules, contains:
(a) the address of the place (s) where the applicant has been breeding animals for fur;
(b) animal species kept solely or principally for the purpose of obtaining fur;
(c) the date on which the applicant ceases to breed animals for fur;
(d) the total amount of the compensatory contribution requested by the applicant, the amount of the individual compensatory contributions requested by the applicant and the justification for their amount resulting from the expert opinion;
(e) the bank connection of the applicant.
(4) The application shall be accompanied by a certified tax return or an additional tax return on the income of the applicant and, where appropriate, by a document establishing the tax by way of derogation from those returns or ex officio tax, for the last 5 years before the date of application.
(5) The annex to the application pursuant to § 29c (3) of the First Law is further:
(a) an affidavit of the applicant stating the reasons why the cessation of the breeding of animals for furs would otherwise be in serious difficulties without his guilt in fulfilling the long-term financial obligations incurred by 30 June 2016 at the latest in relation to the effective operation of the breeding of fur animals;
(b) a declaration by the creditor of an undertaking established in an efficient manner with regard to the operation of pet animals that the applicant has duly fulfilled all of its due obligations on the date of the creditor's declaration; if the creditor does not issue such confirmation, the applicant shall attach extracts from the account supporting the proper repayment of the undertaking for the entire duration of the undertaking;
(c) an opinion prepared by a judicial expert in the field of economics containing:
1. the total amount of the applicant's long-term financial obligations incurred not later than 30 June 2016 in relation to the effective operation of animal husbandry for furskins which were not paid at the date of the cessation of the breeding of fur animals, indicating the reason for the non-payment of those obligations,
2. the market value of the property used for breeding on the date of cessation of the breeding of fur animals;
(d) the list, description and amount of the individual commitments referred to in (c) (1) and copies of the documents on the basis of which those commitments arose;
(e) a justification for the effectiveness of the individual commitments referred to in point (d); financial obligations arising from the effective operation of animal husbandry for fur shall be deemed to have been incurred solely for the purpose of using the funds obtained in the breeding of fur animals and used for that purpose;
(f) an affidavit by the applicant to cease farming primary production if the applicant requests compensation in accordance with Commission Regulation (EU) No 1407 / 2013.
(6) The annex to the application pursuant to § 29c (3) of the second law is further:
(a) an affidavit of the applicant stating the reasons why the cessation of the breeding of animals for fur would otherwise be in serious difficulties without its guilt in fulfilling the long-term financial obligations arising after 30 June 2016 but before 1 October 2017 in an effective context of the operation of the breeding of fur animals;
(b) a declaration by the creditor of an undertaking established in an efficient manner with regard to the operation of pet animals that the applicant has duly fulfilled all of its due obligations on the date of the creditor's declaration; if the creditor does not issue such confirmation, the applicant shall attach extracts from the account supporting the proper repayment of the undertaking for the entire duration of the undertaking;
(c) an opinion prepared by a judicial expert in the field of economics containing:
1. the total amount of the applicant's long-term financial obligations incurred after 30 June 2016 but before 1 October 2017, in an effective context of the operation of animal husbandry for fur which has not been paid on the date on which the animal husbandry for fur ends, indicating the reason for the non-payment of those obligations,
2. the market value of the property used for breeding on the date of cessation of the breeding of fur animals;
(d) the list, description and amount of the individual commitments referred to in (c) (1) and copies of the documents on the basis of which those commitments arose;
(e) a justification for the effectiveness of the individual commitments referred to in point (d); financial obligations arising from the operation of animal husbandry for fur shall be deemed to have been incurred solely for the purpose of using the funds obtained in the breeding of fur animals and used for that purpose; and
(f) a declaration by the applicant stating the reasons for considering that this is a case of particular concern;
(g) an affidavit by the applicant to cease farming primary production if the applicant requests compensation in accordance with Commission Regulation (EU) No 1407 / 2013.
(7) In addition, the annex to the application pursuant to Article 29c (4) of the Act is an opinion drawn up by a judicial expert in the field of economics containing the average amount of the income tax base and the annual net profit from the animal husbandry concerned for the last 5 years, calculated as an arithmetic average, the annual net profit being considered to be the tax base minus the tax base established under the Income Tax Act (2).
Time limits for submission of applications
(1) The applicant may submit an application only after notification to the Regional Veterinary Administration of the cessation of business pursuant to Article 5 (4) (a) of the Veterinary Code (3), indicating a specific date.
(2) The applicant may submit an application no later than 18 months after the date of cessation of the breeding of fur animals.
Scope of the compensation contribution
(1) The Ministry shall grant a compensatory allowance under Article 29c (3) of the Act not more than the sum of the outstanding long-term financial obligations of the applicant arising from the effective operation of animal husbandry for furskins which were not paid at the end of the animal husbandry for furskins after deduction of the market value of the property used for breeding on the end of the animal husbandry for furskins.
(2) In determining the amount of the compensatory allowance, the Ministry shall base its assessment on the information provided for in the application pursuant to Article 2, in the annexes to the application, on the statement issued by the Regional Veterinary Administration confirming that the applicant has submitted a notification of cessation of business pursuant to Article 5 (4) (a) of the Veterinary Act (3) before 1 October 2017, indicating the date of cessation of business in the field of animal husbandry, certified by the Regional Veterinary Administration, or a copy of that notification.
(3) The compensation allowance is paid by cash transfer to the applicant's bank account.
Final provision
This Decree was notified in accordance with Directive (EU) 2015 / 1535 of the European Parliament and of the Council of 9 September 2015 laying down a procedure for the provision of information in the field of technical and information society services.
Efficacy
This decree shall take effect on the 15th day following its publication.
Minister:
Ing. Toman, CSc., v. r.
1) Article 29c (2) of the Law.
2) Act No. 586 / 1992 Coll., on Income Tax, as amended.
3) Act No. 166 / 1999 Coll., on veterinary care and amending certain related laws (Veterinary Act), as amended.
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Regulation Information
| Citation | Decree No. 34 / 2019 Coll., on the compensation allowance to breeders who practice animal husbandry for fur |
|---|---|
| Regulation Type | Order |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 12.02.2019 |
|---|---|
| Effective from | 27.02.2019 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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