Act No. 35 / 2008 Coll.
Act amending Act No. 252 / 1997 Coll., on Agriculture, as amended, and 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
Valid
Law
Effective from 12.02.2008
Text versions:
12.02.2008
35
THE LAW
of 17 January 2008
amending Act No 252 / 1997 Coll., on Agriculture, as amended, and Act No 256 / 2000 Coll., on the State Agricultural Intervention Fund and amending certain other acts (Act on the State Agricultural Intervention Fund), as amended
Parliament has decided on this law of the Czech Republic:
Amendment to the Agriculture Act
Act No. 252 / 1997 Coll., on Agriculture, as amended by Act No. 62 / 2000 Coll., Act No. 307 / 2000 Coll., Act No. 128 / 2003 Coll., Act No. 85 / 2004 Coll., Act No. 317 / 2004 Coll., Act No. 94 / 2005 Coll., Act No. 441 / 2005 Coll., Act No. 444 / 2005 Coll., Act No. 230 / 2006 Coll., Act No. 267 / 2006 Coll. and the finding of the Constitutional Court published under No. 409 / 2006 Coll., is amended as follows:
1. The following Section 2da is inserted after Section 2d:
Aid granted by the Support and Guarantee Agricultural and Forestry Fund
(1) The Support and Guarantee Agricultural and Forestry Fund, a.s. (the Support Fund) provides aid
(a) farmers in the fields of agriculture, forestry, water management and the processing industry, when it comes to processing agricultural production and food production;
(b) municipalities and voluntary associations of municipalities in rural areas.
(2) Aid shall be granted in the form of:
(a) credit protection;
(b) funds intended to reduce the interest burden on loans;
(c) funds intended to support insurance and other approved programmes.
(3) Aid shall be granted for:
(a) the establishment, reproduction and development of farms and farms, the establishment, reproduction and development of multi-functional farms and farms, and the establishment, reproduction and development of forest and water farms;
(b) the purchase of non-State-owned agricultural land;
(c) cultivation, processing and use of biomass;
(d) development of services, crafts and other activities in rural areas for agricultural entrepreneurs and municipalities and voluntary associations of municipalities, including support for infrastructure building;
(e) environmental investments in agriculture and rural areas;
(f) business insurance for risk management and crisis management due to adverse climatic or zoological effects;
(g) promoting the marketing of agricultural products and foodstuffs and promoting the creation, reproduction and development of the processing industry in the processing of agricultural production and foodstuffs;
(h) the acquisition of investments necessary for the transfer of scientific knowledge to practice in the areas referred to in (a), (c), (d) and (e).
(4) State budget funds for financing aid are concentrated in the budget chapter of the Ministry. The Ministry may provide funding for the financing of aid from other sources. Funding from the State budget for the financing of aid shall be deemed to have been drawn from the date of conclusion of the contract with the beneficiary for the purposes of their settlement with the State budget, to the extent of the entire agreed commitment to pay them.
(5) The aid shall be granted under a contract between the Support Fund and the beneficiary of the aid. The contract shall contain a description of the beneficiary, the purpose, the amount and conditions of the aid, the period for its implementation, the procedure for the breach of the conditions for its implementation and the provisions for the control. Furthermore, the grant contract in the form of a loan guarantee contains an arrangement on how it is secured.
(6) Further conditions and details of the granting of the aid are laid down by the Government on a proposal from the Ministry in the aid programmes. The Support Fund shall publish support programmes in a way that allows remote access.
(7) The aid programmes contain:
(a) the name of the applicant for the support programme;
(b) the name of the legal person or organisational body of the State receiving the aid applications, as well as the entity carrying out the evaluation and selection;
(c) the name of the aid provider;
(d) the object and purpose of the aid;
(e) the objective of the aid;
(f) the definition of beneficiaries;
(g) the areas of aid, the details and the form of its provision and the manner in which it is used;
(h) the definition of the individual forms of aid for a single project;
(i) the details of the application for aid and the manner in which it is submitted and dealt with;
(j) the method of evaluation and selection of applications;
(k) the duration of the support programme;
(l) the method of assessing the achievement of the objective of the aid. "
2. In Article 3, the following paragraph 8 is added:
"(8) Grants and programmes co-financed by European Union funds receiving aid for the implementation of measures under the directly applicable provisions of the European Communities governing support for rural development from the European Agricultural Fund for Rural Development (4ya), an organisational component of the State, shall not be subject to the provisions of Sections 12 and 13 of the Budgetary Rules Act.
4ya) Articles 30 and 66 of Council Regulation (EC) No 1698 / 2005 of 20 September 2005 on support for rural development by the European Agricultural Fund for Rural Development (EAFRD), as amended. '
3. In Paragraph 4 (8), the comma at the end of point (g) is replaced by a dot and point (h), including footnote 4ap, is deleted.
Transitional provision
Support programmes The Support Fund approved before the date of entry into force of this Act shall be completed in accordance with existing legislation.
Amendment of the Act on the State Agricultural Intervention Fund
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 by Act No. 128 / 2003 Coll., Act No. 41 / 2004 Coll., Act No. 85 / 2004 Coll., Act No. 237 / 2004 Coll., Act No. 482 / 2004 Coll., Act No. 441 / 2005 Coll., Act No. 130 / 2006 Coll. and Act No. 342 / 2006 Coll., are amended as follows:
1. Paragraph 11 (4) reads as follows:
"(4) Subsidy for a measure involving the preparation and submission of a project by an applicant for a subsidy shall be granted by the Fund on the basis of a grant agreement which shall include:
(a) identification details of the applicant;
(b) identification details of the Fund;
(c) the amount provided;
(d) the purpose for which the amount provided is intended;
(e) the period within which the intended purpose is to be achieved;
(f) other conditions to be met by the beneficiary in connection with the use of the subsidy;
(g) the date of conclusion of the agreement. "
2. Paragraph 11a, including the title and footnotes Nos 9a to 9bb, reads:
Repayment of subsidies and periodic penalty payments
(1) If the beneficiary of the subsidy has not fulfilled any of the conditions to which the grant is granted, it shall repay the subsidy granted to the Fund and, at the same time, pay the penalty payment to the Fund at a rate of 1 ° per day from the amount of the subsidy granted up to a maximum of that amount. The Fund shall act in accordance with the directly applicable regulation of the European Communities governing the implementation of cross-compliance, modulation and integrated administration and control system9a when recovering the grant and paying the periodic penalty payment.
(2) If the beneficiary has not fulfilled any of the conditions to which the grant is subject and the grant has been made in error by the Fund, the beneficiary shall be obliged to repay the grant to the Fund, in which case the penalty payment shall not be imposed.
(3) Repayment of the subsidy and periodic penalty payments shall be imposed by the Fund by decision, enforced and other measures constituting its administration. Recovery proceedings shall be initiated by the Fund no later than the calendar year following the primary finding of the irregularity in accordance with the directly applicable provisions of the European Community9b).
(4) The Fund will not impose a refund of the subsidy and periodic penalty payments if their amount does not exceed the amounts laid down in the directly applicable regulation of the European Communities, laying down detailed rules on cross-compliance, modulation and integrated administration and control system9ba).
(5) The procedure laid down in paragraphs 1 to 3 shall not apply to budgetary rules 9bb).
(6) In the case of unauthorised use or retention of funds from subsidies which are wholly or partly covered by funds received from the National Fund and for the detention of such funds to be recovered on settlement, paragraphs 1 to 5 shall not apply. (b) the administration of the levy on breaches of budgetary discipline shall be carried out by the territorial financial authorities.
(7) If the beneficiary fails to fulfil the obligation referred to in paragraph 1 or 2, the Fund may count the subsidy which the beneficiary is obliged to repay and the periodic penalty payment which he is obliged to pay into the subsidy for which he has fulfilled the conditions.
9a) Commission Regulation (EC) No 796 / 2004 of 21 April 2004 laying down detailed rules for the implementation of cross-compliance, modulation and an integrated administration and control system provided for in Council Regulation (EC) No 1782 / 2003 of 29 September 2003 establishing common rules for direct support schemes under the common agricultural policy and establishing certain support schemes for farmers, as amended. Council Regulation (EC) No 1290 / 2005 of 21 June 2005 on the financing of the common agricultural policy, as amended.
9b) Council Regulation (EC) No 1290 / 2005, as amended.
9ba) Article 73 (8) of Commission Regulation (EC) No 796 / 2004, as amended.
9bb) Act No. 218 / 2000 Coll., as amended. '
Transitional provision
The recovery procedure, which was not definitively terminated before the date of entry into force of this Act, shall be completed in accordance with existing legislation.
EFFECTIVE
This Act shall take effect on the day of its publication.
Wolf
Klaus v. r.
Topolánek v. r.
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Regulation Information
| Citation | Act No. 35 / 2008 Coll., amending Act No. 252 / 1997 Coll., on Agriculture, as amended, and Act No. 256 / 2000 Coll., on the State Agricultural Intervention Fund and amending certain other acts (Act on the State Agricultural Intervention Fund), as amended |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 12.02.2008 |
|---|---|
| Effective from | 12.02.2008 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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