Decree No. 342 / 2002 Coll.
Government Regulation on the arrangements and conditions for granting aid for the planting of vineyards, the restoration of vineyards and the promotion of wine sales
Valid
Regulation
Effective from 01.10.2002
Text versions:
01.10.2002
30.07.2002
342
GOVERNMENT REGULATION
of 10 July 2002
on the arrangements and conditions for granting aid for the planting of vineyards, the restoration of vineyards and the promotion of the marketing of wines
The Government orders pursuant to § 18g (2) and § 18h (1) of Act No. 115 / 1995 Coll., on Vinohradship and Wine Industry and amending certain related legislation, as amended by Act No. 50 / 2002 Coll., hereinafter referred to as "the Act":
GENERAL PROVISIONS
(1) The wine-growing fund (hereinafter referred to as "the Fund") provides natural and legal persons, upon request (hereinafter referred to as "the applicant") and subject to the conditions laid down by law and by this Regulation:
(a) aid for the planting of vineyards or the restoration of vineyards, consisting of all non-refundable aid and repayable aid in the form of an interest-free loan ("repayable aid");
(b) promotion of the promotion of wine outlets at:
1. participation in a wine exhibition or wine competition;
2. implementation of the project for the general promotion of wines.
(2) The aid application referred to in paragraph 1 shall be notified to the Fund:
(a) from 1 January to 15 February; or
(b) from 1 July to 15 August.
(1) The Council of the Fund shall, within 45 days of the expiry of the time limit referred to in Article 1 (2), decide on the allocation of the funds which the Fund has on the date of its decision in the account obtained on that date pursuant to Article 18f (1) of the Act to the funds intended for:
(a) the granting of repayable aid for the planting of vineyards or the restoration of vineyards;
(b) the granting of non-refundable aid for the planting of vineyards or the restoration of vineyards, the volume of which may not exceed the amount of the funds referred to in (a);
(c) the granting of aid to promote the marketing of wine, the volume of which may not exceed 5% of the total volume of the funds distributed.
(2) The Council of the Fund shall publish, no later than 30 days before the start of the period referred to in Article 1 (2), at least one national journal and at least one professional journal.
(a) the names of the exhibitions or wine contests in which, within 9 months of the end of the period referred to in Article 1 (2), participation is the subject of aid for the promotion of wine sales and the maximum amount which may be granted to one applicant as aid for participation in one wine exhibition or wine competition;
(b) the thematic headings of the general promotion of the marketing of wine which, within 15 months of the end of the period referred to in Article 1 (2), are the subject of the promotion of wine sales and the maximum amount which may be granted to one applicant.
AID FOR PRINCIPLE OF VINIC AND RETURN TO VINIC
Application for aid for the planting of vineyards and the restoration of vineyards
(1) An application for aid for the planting of vineyards or the restoration of vineyards may be submitted by the applicant if:
(a) is an entrepreneur (1) and is not a state enterprise or a contribution organisation, or is a public university, (2) a secondary school, (3) a higher vocational school, (3) or a school establishment, (4)
(b) has its registered office or permanent residence in the Czech Republic;
(c) there is no bankruptcy, no settlement procedure or no application for bankruptcy for lack of assets;
(d) for a period of 10 years prior to the submission of an application for aid for the planting of vineyards, or the restoration of vineyards, he has not been granted aid for the planting of vineyards or the restoration of vineyards;
(e) the parcel on which the vineyard is to be planted, or the restoration of the vineyard, hereinafter referred to as "the parcel in question," has not already been applied for in the same calendar year for aid for the planting of the vineyard, or the restoration of the vineyard,
(f) the area of the parcel in question shall be at least 1000 m2.
(2) The model of the application for aid for the planting of vineyards or the restoration of vineyards is set out in Annex 1 to this Regulation.
(3) The applicant shall accompany the application for aid for the planting of vineyards or the restoration of vineyards:
(a) a document certifying that the applicant is an entrepreneur; for schools referred to in paragraph 1 (a), the document provided for in the specific legislation, 3), 4)
(b) proof of ownership of the parcel in question, or any other document authorising the applicant to use the parcel in question as a vineyard for at least 20 years from the date on which the vineyard is to be planted or the vineyard restored;
(c) proof of the location of the parcel in question on the wine-growing line of the wine-growing community under special legislation, 5) including the parcel number, 6)
(d) in the event of a change in the culture of the final territorial decision on the use of the territory issued by the competent building authority under a special legislation, (7) if an application for aid for the planting of vineyards is made;
(e) details of the land concerned as set out in Part B of Annex 1 to this Regulation;
(f) a declaration by the applicant showing the facts referred to in paragraph 1 (d) and (e) and in Article 18h (2) (d) and (e) of the Act, a model of which is given in Part C of Annex 1 to this Regulation.
Refusal
The Council of the Fund shall reject an application for aid for the planting of vineyards or the restoration of vineyards if:
(a) the conditions laid down in § 18h (2) to (4) of the Act are not fulfilled;
(b) the applicant does not fulfil the conditions laid down in Article 3 (1) and (3); or
(c) the applicant has not submitted an application within the period referred to in § 1 (2).
Method for determining the amount of aid to be recovered and aid to be recovered
(1) The rate of the aid to be recovered shall be determined as a proportion of the resources provided for by the Fund Council under Article 2 (1) (a) and the total area of the land concerned in the non-rejected applications.
(2) The rate of non-refundable aid is fixed as a proportion of the funds provided for by the Fund Council under Article 2 (1) (b) and the total size of the land in question in the non-rejected applications.
(3) The aid rate referred to in paragraphs 1 and 2 is set at CZK per 1 ha.
Decision to grant aid for the planting of vineyards and the restoration of vineyards
(1) The decision of the Council of the Fund to grant aid for the planting of vineyards or to restore vineyards must include:
(a) the designation of the beneficiary of aid for the planting of vineyards or the restoration of vineyards;
(b) the area of land for which aid is granted for the planting of vineyards or the restoration of vineyards;
(c) the amount of the repayable aid and the amount of the non-refundable aid;
(d) the condition that the beneficiary of the repayable aid
1. plant or restore the vineyard in the year of the decision referred to in this paragraph;
2. use for planting or restoration of the vine planting vineyard recognised under special legislation8) of at least 3000 pieces per hectare newly planted or renewed vineyard,
3. Asks the Central Audit and Examination Institute of the Agricultural Institute (hereinafter referred to as the Institute) to assign a vineyard registration number under a special legislation, 9) or to notify the Institute of the change of the data in the vineyard register under a special legislation, 9)
4. not later than 2 years after the planting of the vineyard, or the restoration of the vineyard, shall build a complete and functional supporting structure;
(e) the condition that the repayable aid of its beneficiary shall be returned to the Fund within 20 years at the latest by returning, in the 6 to 10 calendar years following the year of planting of the vineyard, or by returning in each calendar year, at least 2% of the total amount of the repayable aid referred to in (c) and in the 11 to 20 calendar year following the year of planting of the vineyard, or by returning in each calendar year at least 9% of the total amount of the repayable aid referred to in (c).
(2) The Fund indicates aid for the planting of vineyards or the restoration of vineyards into the bank account of the beneficiary of that aid. The beneficiary shall account for it in accordance with a specific legislation. 10)
AID FOR THE EXPLOSION OF WINE
Application for aid to promote wine sales
(1) An application to promote the marketing of wine may be submitted by the applicant if:
(a) is an entrepreneur (1) and is not a state enterprise or a contribution organisation, or is a public university, (2) a secondary school, (3) a higher vocational school, (3) or a school establishment, (4)
(b) has its registered office or permanent residence in the Czech Republic;
(c) there is no bankruptcy, no settlement procedure or no application to declare bankruptcy due to a lack of assets.
(2) The model application for aid for the promotion of wine sales is set out in Annex 2 to this Regulation.
(3) In the application for aid for the promotion of the marketing of wines, the applicant shall indicate whether it requests aid for the promotion of the marketing of wines, namely:
(a) participation in a wine exhibition or wine competition; or
(b) to implement a project for the general promotion of wines.
(4) The applicant shall accompany the application for aid to promote the marketing of wines:
(a) a document certifying that the applicant is an entrepreneur; for schools referred to in paragraph 1 (a), the document provided for in the specific legislation, 3), 4)
(b) a declaration by the applicant showing the facts referred to in Article 18h (2) (d) and (e) of the Act, a model of which is set out in Part B of Annex 2 to this Regulation.
(5) The applicant for the promotion of wine sales by participating in the wine exhibition or the wine competition shall indicate in the application the estimated total costs associated with his participation in the wine exhibition or the wine competition and the amount of aid requested by the Fund; the aid may not exceed 50% of the total costs associated with the applicant's participation in the wine exhibition or wine competition.
(6) The applicant for aid for the promotion of wine sales by implementing a project for the general promotion of wines shall accompany the application with a project which must include:
(a) the objective of the project;
(b) how the objective of the project is achieved;
(c) the cost of achieving the objective of the project;
(d) the expected benefits of the project;
(e) the amount of the contribution requested by the Fund for the implementation of the project.
(7) In the event that the Fund receives projects for the general promotion of wines having an identical or similar objective referred to in paragraph 6, the Fund shall allocate support for the general promotion of wines by implementing the project for the general promotion of wine sales to one applicant or group of applicants, taking into account in particular how the project objective and the costs of achieving the project objective are achieved.
Refusal
The Council of the Fund shall reject an application to promote the marketing of wine if the applicant:
(a) has not fulfilled the conditions laid down in § 18h (2) to (4) of the Act;
(b) has not complied with the conditions laid down in Article 7 (1), (3), (4) and (5) or (6);
(c) has not submitted an application within the period referred to in § 1 (2);
(d) requests aid for participation in an exhibition of wines or a wine competition which has not been published by the Fund Council pursuant to Article 2 (2) (a), or requests aid higher than the maximum amount published by the Fund Council pursuant to Article 2 (2) (a); or
(e) requests support for the implementation of a project for the general promotion of wines whose objective is not covered by a thematic heading published by the Fund Council pursuant to Article 2 (2) (b), or requests more support than the maximum amount published by the Fund Council pursuant to Article 2 (2) (b).
Method for determining the amount of aid for the promotion of wine sales
(1) The Fund shall provide support for the promotion of wine sales at the level requested by the applicant if the aggregate requirements to support the promotion of wine sales referred to in the non-rejected applications do not exceed the amount of funds provided for by the Fund Council under Article 2 (1) (c).
(2) If the cumulative requirements to support the promotion of the marketing of wines referred to in the non-rejected applications exceed the amount of funds provided for by the Fund Council pursuant to Article 2 (1) (c), the Fund shall reduce the requirements to promote the marketing of wines to aid applicants.
Decision to grant aid to promote wine sales
(1) The decision of the Council of the Fund to grant aid for the promotion of wine sales must include:
(a) the designation of the beneficiary of the aid for the promotion of wine sales;
(b) the name of the wine exhibition, the designation of the wine competition or the description of the project for the general promotion of the wines for which the aid is granted;
(c) the amount of aid allocated to promote wine sales;
(d) the condition that the beneficiary of the aid provides the promotion of wine sales no later than 12 months after the date of the decision to grant the aid to promote wine sales, an evaluation of the use of the aid granted to promote wine sales, including documents proving that the costs are incurred effectively,
(e) the condition that the beneficiary of the aid will repay part of the aid for the marketing of wines for which it does not show that the costs are incurred effectively.
(2) The Fund points out the support for the promotion of wine sales into the bank account of the beneficiary of this aid. The beneficiary shall account for it in accordance with a specific legislation. 10)
Efficacy
(1) This Regulation shall enter into force on 1 October 2002.
(2) This Regulation shall expire on the date of the entry into force of the Treaty of Accession of the Czech Republic to the European Union.
Prime Minister:
Ing. Zeman v. r.
Minister for Agriculture:
Ing. Fencl v. r.
Příloha č. 1
Annex No 1 to Decree No 342 / 2002 Coll.
Příloha č. 2
Annex No 2 to Decree No 342 / 2002 Coll.
1) Section 2 of the Commercial Code.
2) Act No. 111 / 1998 Coll., on higher education institutions and amending and supplementing certain other laws (Act on higher education), as amended by Act No. 210 / 2000 Coll. and Act No. 147 / 2001 Coll.
3) Act No. 29 / 1984 Coll., on the system of primary schools, secondary schools and higher vocational schools (Act No. 188 / 1988 Coll., Act No. 171 / 1990 Coll., Act No. 522 / 1990 Coll., Act No. 134 / 1993 Coll., Act No. 190 / 1993 Coll., Act No. 331 / 1993 Coll., Act No. 49 / 1994 Coll., Act No. 256 / 1994 Coll., Act No. 138 / 1995 Coll., Act No. 306 / 1999 Coll., Act No. 19 / 2000 Coll. and Act No. 132 / 2000 Coll.
4) Act No. 76 / 1978 Coll., on school establishments, as amended by Act No. 31 / 1984 Coll., Act No. 425 / 1990 Coll., Act No. 390 / 1991 Coll., Act No. 190 / 1993 Coll., Act No. 138 / 1995 Coll., Act No. 19 / 2000 Coll. and Act No. 132 / 2000 Coll.
5) Annex No 1 to Decree No 298 / 2000 Coll., establishing the list of wine-growing communities, the list of vineyards and their delimitation, and the list of vine varieties in each wine-growing region from which grapes may be produced wine with added value, as amended by Decree No 228 / 2001 Coll.
6) 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. and Act No. 220 / 2000 Coll.
7) Act No. 50 / 1976 Coll., on Territorial Planning and Construction Regulations (Construction Act), as amended by Act No. 137 / 1982 Coll., Act No. 103 / 1990 Coll., Act No. 425 / 1990 Coll., Act No. 519 / 1991 Coll., Act No. 262 / 1992 Coll., Act No. 43 / 1994 Coll., Act No. 19 / 1997 Coll., Act No. 83 / 1998 Coll., Act No. 95 / 2000 Coll., Act No. 96 / 2000 Coll., Act No. 132 / 2000 Coll., Act No. 151 / 2000 Coll., Act No. 239 / 2000 Coll., Act No. 59 / 2001 Coll. and Act No. 254 / 2001 Coll.
8) Act No. 92 / 1996 Coll., on Varieties, Seeds and Propagating Plants, as amended by Act No. 357 / 1999 Coll., Act No. 153 / 2000 Coll. and Act No. 408 / 2000 Coll.
9) Paragraph 17 of Act No. 115 / 1995 Coll., on Vinohradship and Wine Industry and amending certain related legislation, as amended by Act No. 216 / 2000 Coll.
10) Act No. 563 / 1991 Coll., on Accounting, as amended by Act No. 117 / 1994 Coll., Act No. 227 / 1997 Coll., Act No. 492 / 2000 Coll. and Act No. 353 / 2001 Coll.
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Regulation Information
| Citation | Government Decree No 342 / 2002 Coll., on the method and conditions for granting aid for the planting of vineyards, the restoration of vineyards and the promotion of wine sales |
|---|---|
| Regulation Type | Regulation |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 30.07.2002 |
|---|---|
| Effective from | 01.10.2002 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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