Government Regulation No. 365 / 2016 Coll.
Government regulation laying down certain conditions for the implementation of exceptional adjustment aid for milk producers and farmers in other livestock sectors
Valid
Regulation
Effective from 15.11.2016
Text versions:
15.11.2016
11.11.2016
365
GOVERNMENT REGULATION
of 7 November 2016
laying down certain conditions for the implementation of exceptional adjustment aid for milk producers and farmers in other livestock sectors
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.:
Subject matter
This Regulation provides for certain conditions for the implementation of exceptional adjustment aid for milk producers and farmers in other livestock sectors ("exceptional aid ') following the directly applicable European Union Regulation (1). The State Agricultural Intervention Fund (" the Fund').
Request for emergency support
(1) The Fund grants the exceptional aid provided for in Article 1 following an application for breeding
(a) cows kept in the system with market milk production; or
(b) sows.
(2) The applicant's commitment to fulfil one of the following conditions for the period 25 November 2016 to 30 April 2017 is part of the application for exceptional support for the breeding of cows kept in a dairy farming system:
(a) shall not increase the year-on-year market milk production between 1 January 2016 and 30 April 2016 and the period from 1 January 2017 to 30 April 2017;
(b) be a member of a milk producer organisation under Government Regulation No 282 / 2014 Coll., on certain conditions for the implementation of the common organisation of the market in milk and milk products, as amended by Government Regulation No 314 / 2016 Coll.,
(c) participate in an accredited milk quality scheme;
(d) it shall operate under the organic farming scheme under the Organic Agriculture Act; or
(e) receive training from the Ministry of Agriculture on financial instruments and the risk management of milk producers.
(3) The application for exceptional aid for sows shall include the applicant's undertaking to fulfil one of the following conditions between 25 November 2016 and 30 April 2017:
(a) shall not increase the annual market production of pigmeat between 1 January 2016 and 30 April 2016 and the period from 1 January 2017 to 30 April 2017;
(b) be a member of a pig meat producer organisation under Government Regulation No 314 / 2016 Coll., on the recognition of producer organisations and associations of producer organisations for the implementation of the common organisation of the market in selected agricultural products and amending Government Regulation No 282 / 2014 Coll., on certain conditions for the implementation of the common organisation of the market in milk and milk products,
(c) participate in an accredited pigmeat quality scheme;
(d) it shall operate under the organic farming scheme under the Organic Agriculture Act; or
(e) be trained by the Ministry of Agriculture on financial instruments and the risk management of pigmeat producers.
(4) The applicant shall submit to the Fund an application for emergency support pursuant to paragraphs 1 to 3 by 25 November 2016 at the latest using the form issued by the Fund.
Granting exceptional aid for the breeding of cows kept in the dairy farming system
(1) The applicant may be a natural or legal person who, on 30 September 2016, has kept cows in a system with market milk production on a holding registered in a central register under the Breeding Act (hereinafter referred to as "central register") to grant exceptional aid for the breeding of cows kept in a system of milk production.
(2) The Fund shall grant the applicant exceptional support referred to in paragraph 1 to a cow kept in a central register, provided that it maintains at least three cows kept in a system of dairy farming.
Granting exceptional aid for sows
(1) An applicant for exceptional aid for sows may be a natural or legal person who held sows on a holding registered in the central register on 30 September 2016.
(2) The Fund shall grant to the applicant the exceptional aid referred to in paragraph 1 in respect of sows kept in the central register, provided that at least 3 sows are kept.
Publication of the exceptional aid rate
The amount of the exceptional aid rate for breeding cows kept in the dairy farming system per cow in accordance with Article 3 and the rate of the emergency aid for breeding sows per sow in accordance with Article 4 shall be published by the Fund by 15 December 2016 at the latest in a way that allows remote access.
Increase in the rate of exceptional aid for the breeding of cows kept in the dairy farming system
The Fund shall grant exceptional aid for the breeding of cows kept in the dairy farming system plus 20%, provided that the applicant for emergency aid has registered a maximum of 50 cows in the central register on 30 September 2016.
Provision of information on the fulfilment of the undertaking
(1) By 30 June 2017, the applicant for exceptional aid for the rearing of cows kept in a dairy farming system shall submit to the Fund information on compliance with the undertaking referred to in Article 2 (2).
(2) By 30 June 2017, the applicant for exceptional aid for sows shall submit to the Fund information on compliance with the undertaking referred to in Article 2 (3).
Refusal of an application for exceptional aid for the breeding of cows kept in a dairy farming system and reduction of the rate of exceptional aid
(1) If the Fund finds that the applicant has received an application pursuant to Article 3 (1) for exceptional aid for the production of cows kept in the dairy farming system after the deadline laid down in Article 2 (4), it shall reject the application.
(2) If the Fund finds that there are fewer than 3 cows in the central register on 30 September 2016, it shall reject the application for emergency support.
(3) If the Fund finds that the actual number of cows kept in the dairy farming system held by the applicant pursuant to Article 3 (1) on 30 September 2016 is higher than the number recorded in the central register, it shall use the number shown in the central register to calculate the amount of the exceptional aid.
(4) If the Fund finds that the actual number of cows kept in the dairy farming system by the applicant pursuant to Article 3 (1) on 30 September 2016 is lower than the number recorded in the central register, it shall reduce the exceptional aid accordingly.
Refusal of an application for emergency aid for sows and reduction of the rate of emergency aid
(1) If the Fund finds that the applicant has received an application pursuant to Article 4 (1) for emergency aid for the production of sows of the Fund after the deadline laid down in Article 2 (4), it shall reject the application.
(2) If the Fund finds that, on 30 September 2016, less than 3 sows are kept in the central register for applicants under Paragraph 4 (1), it shall reject the request for emergency support.
(3) If the Fund finds that the actual number of sows per applicant referred to in Article 4 (1) on 30 September 2016 is higher than that indicated in the central register, it shall use the number shown in the central register to calculate the amount of exceptional aid for sows.
(4) If the Fund finds that the actual number of sows per applicant pursuant to Article 4 (1) on 30 September 2016 is lower than that indicated in the central register, it shall reduce the exceptional aid accordingly.
Efficacy
This Regulation shall enter into force on 15 November 2016.
Prime Minister:
Sobotka v. r.
Minister for Agriculture:
Ing. Jurečka v. r.
1) Regulation (EU) No 1308 / 2013 of the European Parliament and of the Council of 17 December 2013 establishing a common organisation of the markets in agricultural products and repealing Council Regulations (EEC) No 922 / 72, (EEC) No 234 / 79, (EC) No 1037 / 2001 and (EC) No 1234 / 2007, as amended. Commission Delegated Regulation (EU) 2016 / 1613 of 8 September 2016 providing for exceptional adjustment aid for milk producers and farmers in other livestock sectors.
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Regulation Information
| Citation | Government Regulation No. 365 / 2016 Coll., laying down certain conditions for the implementation of exceptional adjustment aid for milk producers and farmers in other livestock sectors |
|---|---|
| Regulation Type | Regulation |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 11.11.2016 |
|---|---|
| Effective from | 15.11.2016 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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