Government Regulation No. 369 / 2010 Coll.

Government Regulation amending Government Regulation No 479 / 2009 Coll., on determining the consequences of a breach of the cross-compliance of the granting of certain aid, and certain related government regulations

Valid Regulation Effective from 01.01.2011
369
GOVERNMENT REGULATION
of 1 December 2010
amending Government Regulation No 479 / 2009 Coll., on determining the consequences of a breach of cross-compliance of the granting of certain aid, and certain related government regulations
The Government orders pursuant to § 2b (2) and § 2c (5) of Act No. 252 / 1997 Coll., on Agriculture, as amended by Act No. 128 / 2003 Coll., Act No. 85 / 2004 Coll., Act No. 317 / 2004 Coll., Act No. 441 / 2005 Coll. and Act No. 291 / 2009 Coll., and pursuant to § 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.:

ČÁST DRUHÁ

Amendment of the Government Regulation on closer conditions for implementing measures of the common organisation of the market in wine
Čl. III
In Annex No 2 to Government Decree No. 245 / 2004 Coll., on determining the closer conditions for the implementation of measures of the common organisation of the market in wine, as amended by Government Decree No. 83 / 2006 Coll., Government Decree No. 82 / 2009 Coll. and Government Decree No. 480 / 2009 Coll., paragraph 2 reads as follows:
'2. Applicant on the area of the soil block or part thereof, where applicable, marked as land in the soil register
(a) strongly eroded, ensure that maize, potatoes, beet, seed, soya and sunflower crops are not grown; cereal and oilseed rape crops on the area so marked shall be established using soil protection technologies; in the case of cereals, the condition of soil protection technologies in the setting-up of crops need not be complied with only if they are grown with the seed of clover;
(b) slightly eroded, ensuring that maize, potatoes, beet, seed, soya and sunflower crops are established only using soil protection technologies. "
Čl. IV
Transitional provision
The procedure for granting the subsidy on applications submitted under Government Regulation No. 245 / 2004 Coll. initiated before 1 July 2011 shall be completed in accordance with Government Regulation No. 245 / 2004 Coll., as effective until 1 July 2011.

ČÁST TŘETÍ

Amendment of the Government Regulation laying down certain conditions for granting separate sugar payment to sugar growers
Čl. V
In the Annex to Government Regulation No 45 / 2007 Coll., laying down certain conditions for granting separate sugar payment to sugar growers, as amended by Government Regulation No 480 / 2009 Coll., point 2 reads as follows:
'2. Applicant on the area of the soil block or part thereof, where applicable, marked as land in the soil register
(a) strongly eroded, ensure that maize, potatoes, beet, seed, soya and sunflower crops are not grown; cereal and oilseed rape crops on the area so marked shall be established using soil protection technologies; in the case of cereals, the condition of soil protection technologies in the setting-up of crops need not be complied with only if they are grown with the seed of clover;
(b) slightly eroded, ensuring that maize, potatoes, beet, seed, soya and sunflower crops are established only using soil protection technologies. "
Čl. VI
Transitional provision
The procedure for granting the subsidy on applications submitted pursuant to Government Regulation No. 45 / 2007 Coll. initiated before 1 July 2011 shall be completed in accordance with Government Regulation No. 45 / 2007 Coll., as amended by 1 July 2011.

ČÁST ČTVRTÁ

Amendment of the Government Regulation laying down certain conditions for granting the single area payment of agricultural land and certain conditions for providing information on the processing of agricultural products originating in land put up for rest
Čl. VII
In the Annex to Government Regulation No 47 / 2007 Coll., laying down certain conditions for granting the single area payment for agricultural land and certain conditions for providing information on the processing of agricultural products originating in the land put up for rest, as amended by Government Regulation No 480 / 2009 Coll., point 2 reads as follows:
'2. Applicant on the area of the soil block or part thereof, where applicable, marked as land in the soil register
(a) strongly eroded, ensure that maize, potatoes, beet, seed, soya and sunflower crops are not grown; cereal and oilseed rape crops on the area so marked shall be established using soil protection technologies; in the case of cereals, the condition of soil protection technologies in the setting-up of crops need not be complied with only if they are grown with the seed of clover;
(b) slightly eroded, ensuring that maize, potatoes, beet, seed, soya and sunflower crops are established only using soil protection technologies. "
Čl. VIII
Transitional provision
The procedure for granting the subsidy on applications submitted under Government Regulation No. 47 / 2007 Coll. initiated before 1 July 2011 shall be completed under Government Regulation No. 47 / 2007 Coll., as effective until 1 July 2011.

ČÁST PÁTÁ

Amendment of the Government Regulation on the conditions for granting payments for natural handicaps in mountain areas, areas with other handicaps and Natura 2000 areas on agricultural land
Čl. IX
In Annex 2 to Government Regulation No 75 / 2007 Coll., on the conditions for granting payments for natural handicaps in mountain areas, areas with other handicaps and in Natura 2000 areas on agricultural land, as amended by Government Regulation No 480 / 2009 Coll., point 2 reads as follows:
'2. Applicant on the area of the soil block or part thereof, where applicable, marked as land in the soil register
(a) strongly eroded, ensure that maize, potatoes, beet, seed, soya and sunflower crops are not grown; cereal and oilseed rape crops on the area so marked shall be established using soil protection technologies; in the case of cereals, the condition of soil protection technologies in the setting-up of crops need not be complied with only if they are grown with the seed of clover;
(b) slightly eroded, ensuring that maize, potatoes, beet, seed, soya and sunflower crops are established only using soil protection technologies. "
Čl. X
Transitional provision
The procedure for granting the subsidy on applications submitted pursuant to Government Regulation No 75 / 2007 Coll. initiated before 1 July 2011 shall be completed in accordance with Government Regulation No 75 / 2007 Coll., as amended by 1 July 2011.

ČÁST ŠESTÁ

Amendment of the Government Regulation on the conditions for the implementation of agri-environmental measures
Čl. XI
Government Regulation No. 79 / 2007 Coll., on the conditions for the implementation of agri-environmental measures, as amended by Government Regulation No. 114 / 2008 Coll., Government Regulation No. 45 / 2009 Coll., Government Regulation No. 83 / 2009 Coll., Government Regulation No. 480 / 2009 Coll., Government Regulation No. 78 / 2010 and Government Regulation No. 112 / 2010 Coll., are amended as follows:
1. in Paragraph 14 (3) (b), the following point 5 is added:
"5. a breach of the condition referred to in § 8 (5) (e), if it concerns the detection of 7 applications referred to in § 8 (5) (e) (1) or (2),"
2. In Paragraph 14, the following paragraph 5 is added:
"(5) The grant in the relevant calendar year under the relevant agri-environmental measure, calculated in accordance with Article 13, shall be reduced by 50% if the Fund finds for the applicant, using the title of integrated production of the infringement, the conditions referred to in Article 8 (5) (e), if eight applications referred to in Article 8 (5) (e) (1) or (2) are found. ';
3. In Article 15 (d) (1), the words "or (e) 'are deleted.
4. in Article 15 (d), the following point 5 is added:
"5. infringement of the condition referred to in § 8 (5) (e) if more than 8 applications referred to in § 8 (5) (e) (1) or (2) are found, '.
5. in Article 17 (1) (b) (3), the words "or, where appropriate, in a sample taken by the Fund," shall be inserted after the words "(f)."
6. in Article 17 (1) (b) (6), the words "or, where appropriate, in a sample taken by the Fund," shall be inserted after the words "(h)."
7. In Annex 2, point 2:
'2. Applicant on the area of the soil block or part thereof, where applicable, marked as land in the soil register
(a) strongly eroded, ensure that maize, potatoes, beet, seed, soya and sunflower crops are not grown; cereal and oilseed rape crops on the area so marked shall be established using soil protection technologies; in the case of cereals, the condition of soil protection technologies in the setting-up of crops need not be complied with only if they are grown with the seed of clover;
(b) slightly eroded, ensuring that maize, potatoes, beet, seed, soya and sunflower crops are established only using soil protection technologies. "
Čl. XII
Transitional provisions
1. The procedure for granting the subsidy on applications submitted pursuant to Government Regulation No. 79 / 2007 Coll. initiated before 15 December 2010 shall be completed in accordance with Government Regulation No. 79 / 2007 Coll., as effective until 15 December 2010.
2. The procedure for granting the subsidy on applications submitted under Government Decree No. 79 / 2007 Coll. initiated before 1 July 2011 shall be completed under Government Decree No. 79 / 2007 Coll., as effective until 1 July 2011.

ČÁST SEDMÁ

Amendment of the Government Regulation on the conditions for granting subsidies for afforestation of agricultural land
Čl. XIII
In Annex 2 to Government Regulation No 239 / 2007 Coll., on the conditions for granting aid for afforestation of agricultural land, as amended by Government Regulation No 480 / 2009 Coll., point 2 reads as follows:
'2. Applicant on the area of the soil block or part thereof, where applicable, marked as land in the soil register
(a) strongly eroded, ensure that maize, potatoes, beet, seed, soya and sunflower crops are not grown; cereal and oilseed rape crops on the area so marked shall be established using soil protection technologies; in the case of cereals, the condition of soil protection technologies in the setting-up of crops need not be complied with only if they are grown with the seed of clover;
(b) slightly eroded, ensuring that maize, potatoes, beet, seed, soya and sunflower crops are established only using soil protection technologies. "
Čl. XIV
Transitional provision
The procedure for granting the subsidy on applications submitted pursuant to Government Regulation No. 239 / 2007 Coll. initiated before 1 July 2011 shall be completed in accordance with Government Regulation No. 239 / 2007 Coll., as effective until 1 July 2011.

ČÁST OSMÁ

Amendment of the Government Regulation laying down certain conditions for granting separate payment for tomatoes for processing
Čl. XV
In the Annex to Government Regulation No 95 / 2008 Coll., laying down certain conditions for granting separate payment for tomatoes for processing, as amended by Government Regulation No 480 / 2009 Coll., point 2 reads as follows:
'2. Applicant on the area of the soil block or part thereof, where applicable, marked as land in the soil register
(a) strongly eroded, ensure that maize, potatoes, beet, seed, soya and sunflower crops are not grown; cereal and oilseed rape crops on the area so marked shall be established using soil protection technologies; in the case of cereals, the condition of soil protection technologies in the setting-up of crops need not be complied with only if they are grown with the seed of clover;
(b) slightly eroded, ensuring that maize, potatoes, beet, seed, soya and sunflower crops are established only using soil protection technologies. "
Čl. XVI
Transitional provision
The procedure for granting the subsidy on applications submitted pursuant to Government Regulation No. 95 / 2008 Coll. initiated before 1 July 2011 shall be completed in accordance with Government Regulation No. 95 / 2008 Coll., as amended by 1 July 2011.

ČÁST DEVÁTÁ

Amendment of the Government Regulation on the conditions for granting subsidies for the conservation of the forest-based economic population under the Natura 2000 measure in forests
Čl. XVII
In Annex 3 to Government Decree No. 147 / 2008 Coll., establishing the conditions for the grant of subsidies for the maintenance of an economic forest set under the Natura 2000 measure in the forests, as amended by Government Decree No. 480 / 2009 Coll., point 2 reads as follows:
'2. Applicant on the area of the soil block or part thereof, where applicable, marked as land in the soil register
(a) strongly eroded, ensure that maize, potatoes, beet, seed, soya and sunflower crops are not grown; cereal and oilseed rape crops on the area so marked shall be established using soil protection technologies; in the case of cereals, the condition of soil protection technologies in the setting-up of crops need not be complied with only if they are grown with the seed of clover;
(b) slightly eroded, ensuring that maize, potatoes, beet, seed, soya and sunflower crops are established only using soil protection technologies. "
Čl. XVIII
Transitional provision
The procedure for granting the subsidy for applications submitted pursuant to Government Regulation No. 147 / 2008 Coll. initiated before 1 July 2011 shall be completed in accordance with Government Regulation No. 147 / 2008 Coll., as amended by 1 July 2011.

ČÁST DESÁTÁ

Amendment of the Government Regulation on the conditions for granting subsidies on forestry-environmental measures
Čl. XIX
In Annex 4 to Government Regulation No 53 / 2009 Coll., on the establishment of conditions for granting subsidies for forestry environmental measures, as amended by Government Regulation No 480 / 2009 Coll., point 2 reads as follows:
'2. Applicant on the area of the soil block or part thereof, where applicable, marked as land in the soil register
(a) strongly eroded, ensure that maize, potatoes, beet, seed, soya and sunflower crops are not grown; cereal and oilseed rape crops on the area so marked shall be established using soil protection technologies; in the case of cereals, the condition of soil protection technologies in the setting-up of crops need not be complied with only if they are grown with the seed of clover;
(b) slightly eroded, ensuring that maize, potatoes, beet, seed, soya and sunflower crops are established only using soil protection technologies. "
Čl. XX
Transitional provision
The procedure for granting the subsidy on applications submitted under Government Regulation No. 53 / 2009 Coll. initiated before 1 July 2011 shall be completed under Government Regulation No. 53 / 2009 Coll., as effective until 1 July 2011.

ČÁST JEDENÁCTÁ

Amendment of the Government Regulation laying down certain conditions for the payment of cows kept in a system of market milk production
Čl. XXI
In the Annex to Government Regulation No 87 / 2010 Coll., laying down certain conditions for the payment of cows kept in a system with market milk production, point 2 reads as follows:
'2. Applicant on the area of the soil block or part thereof, where applicable, marked as land in the soil register
(a) strongly eroded, ensure that maize, potatoes, beet, seed, soya and sunflower crops are not grown; cereal and oilseed rape crops on the area so marked shall be established using soil protection technologies; in the case of cereals, the condition of soil protection technologies in the setting-up of crops need not be complied with only if they are grown with the seed of clover;
(b) slightly eroded, ensuring that maize, potatoes, beet, seed, soya and sunflower crops are established only using soil protection technologies. "
Čl. XXII
Transitional provision
The procedure for granting the subsidy on applications submitted under Government Regulation No. 87 / 2010 Coll. initiated before 1 July 2011 shall be completed under Government Regulation No. 87 / 2010 Coll., as amended by 1 July 2011.

ČÁST DVANÁCTÁ

EFFECTIVE
Čl. XXIII
This Government Regulation shall enter into force on 1 January 2011, except:
(a) the provisions of Part Six, Article XI, as regards points 1 to 6, and Article XII, as regards point 1, which shall take effect on 15 December 2010; and
(b) the provisions of Part One, Article I, as regards point 18, and Article II, as regards points 2, 2 to 5, Part Six, Article XI, as regards point 7, and Article XII, as regards point 2, and parts seven to eleven, which shall take effect on 1 July 2011.
Prime Minister:
RNDr. Netime v. r.
Minister for Agriculture:
Ing. Fuksa v. r.

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Regulation Information

CitationGovernment Regulation No. 369 / 2010 Coll., amending Government Regulation No. 479 / 2009 Coll., on determining the consequences of a breach of cross-compliance of the granting of certain aid, and certain related government regulations
Regulation TypeRegulation
Author-
CollectionCode of Laws
Date of Promulgation15.12.2010
Effective from01.01.2011
Effective until-
Status Valid
The regulation text is for informational purposes only.
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