Act No. 382 / 2022 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
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Effective from 01.01.2023
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382
THE LAW
of 3 November 2022
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. 2 / 1997 Coll., on Agriculture, as amended by Act No. 62 / 2000 Coll., Act No. 441 / 2005 Coll., Act No. 444 / 2005 Coll., Act No. 64 / 2014 Coll., Act No. 267 / 2016 Coll., Act No. 157 / 2009 Coll., Act No. 409 / 2006 Coll., Act No. 73 / 2011 Coll., Act No. 95 / 2009 Coll., Act No. 109 / 2009 Coll., Act No. 227 / 2009 Coll., Act No. 291 / 2009 Coll.
1. in Paragraph 2 (1) (c):
"(c) grant tax relief on the consumption of fuels by natural and legal persons operating agricultural production1),";
2. in Article 2 (1) (d):
"(d) creates favourable conditions for trade in agricultural products by adjusting the rules for commodity exchanges under special legislation3),"
3. footnote 2 is deleted, including the footnote reference.
4. in Article 2 (1) (e), the words "or intervention (the measure)" shall be inserted after the word "measure."
5. in Paragraph 2 (1) (e) (2), including footnote 72:
"2. Rural Development Programme, Direct Payments, Strategic Plan 72) The common agricultural policy of the European Union in the Czech Republic (hereinafter referred to as the Strategic Plan) and the Operational Programme for Fisheries,
(72) Regulation (EU) 2021 / 2115 of the European Parliament and of the Council of 2 December 2021 laying down support rules for the strategic plans to be drawn up by Member States under the common agricultural policy (CAP strategic plans) and financed by the European Agricultural Guarantee Fund (EAGF) and the European Agricultural Fund for Rural Development (EAFRD) and repealing Regulations (EU) No 1305 / 2013 and (EU) No 1307 / 2013, as amended. ';
6. In Article 2 (2), the words "and the records of fruit orchards' shall be added at the end of the text in point (b).
7. in Article 2 (2) (f), including footnotes 73 and 74:
"(f) framework for carrying out checks on cross-compliance (73) compliance with compulsory management and control requirements for good agricultural and environmental status (73), controls on minimum requirements for the use of fertilisers and plant protection products (74).
73) Articles 12 and 13 and Annex III to Regulation (EU) 2021 / 2115 of the European Parliament and of the Council, as amended.
74) Articles 31 and 70 and Annex III to Regulation (EU) 2021 / 2115 of the European Parliament and of the Council, as amended. ';
8. In Article 2a (1), the word "market 'is replaced by the word" market75'.
footnote 75 reads:
"(75) 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. ';
9. Paragraph 2a (3) reads as follows:
"(3) Direct aid means measures implemented by the Strategic Plan under the directly applicable European Union72) on the market in agricultural products and foodstuffs. '
10. footnote 4 is deleted, including the footnote reference.
11. footnote 5 reads:
"5) 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."
12. in Article 2b (2), the words "for collective action of a claim nature" shall be inserted after the words "under Article 2a."
13. The title of § 2c reads:
Rural Development Programme and Strategic Plan '.
14. In Section 2c, at the end of paragraph 1, the sentence "The Strategic Plan under the directly applicable European Union Regulation governing support from the European Agricultural Guarantee Fund (EAGF) 72 and support for rural development from the European Agricultural Fund for Rural Development (EAFRD) 72 'is added.
15. footnote 6 reads:
"(6) Regulation (EU) No 1303 / 2013 of the European Parliament and of the Council of 17 December 2013 on common provisions for the European Regional Development Fund, the European Social Fund, the Cohesion Fund, the European Agricultural Fund for Rural Development and the European Maritime and Fisheries Fund, laying down general provisions on the European Regional Development Fund, the European Social Fund, the Cohesion Fund and the European Maritime and Fisheries Fund and repealing Council Regulation (EC) No 1083 / 2006, as amended. Regulation (EU) No 1305 / 2013 of the European Parliament and of the Council of 17 December 2013 on support for rural development by the European Agricultural Fund for Rural Development (EAFRD) and repealing Council Regulation (EC) No 1698 / 2005, as amended. ';
16. in Paragraph 2c (3):
"(3) The Rural Development Programme and the Strategic Plan shall be submitted to the Government before it is submitted to the institutions of the European Union. ';
17. in Article 2c (4), the words "and the Strategic Plan" shall be inserted after the word "rural."
18. footnote 7 reads:
"(7) Regulation (EU) No 1306 / 2013 of the European Parliament and of the Council of 17 December 2013 on the financing, management and monitoring of the common agricultural policy and repealing Council Regulations (EEC) No 352 / 78, (EC) No 165 / 94, (EC) No 2799 / 98, (EC) No 814 / 2000, (EC) No 1290 / 2005 and (EC) No 485 / 2008, as amended. Regulation (EU) 2021 / 2115 of the European Parliament and of the Council, as amended. Regulation (EU) 2021 / 2116 of the European Parliament and of the Council of 2 December 2021 on the financing, management and monitoring of the common agricultural policy and repealing Regulation (EU) No 1306 / 2013, as amended. ';
19. In Article 2c (5), the words "and the Strategic Plan 'shall be inserted after the words" and the Strategic Plan' and the words "paragraphs 1 and 2 'shall be inserted after the words" for collective action of a call-by character'.
20. Paragraph 2c (6) reads:
"(6) The Ministry shall lay down rules on non-profit-making measures for the implementation of the Rural Development Programme and the Strategic Plan referred to in paragraphs 1 and 2; these rules shall include at least:
(a) the subject matter and purpose of the aid;
(b) the objective of the aid;
(c) the definition of beneficiaries;
(d) the areas of aid, the details and the form of its provision and the manner in which it is used;
(e) the definition of the amount and form of aid for a single project; and
(f) the method of evaluation and selection of applications. ";
21. in Paragraph 2c, the following paragraph 7 is added:
"(7) The strategic plan shall include the following objectives:
(a) promote economically sustainable agricultural income and the resilience of the agricultural sector throughout the European Union in order to improve long-term food security and agricultural diversity, as well as to ensure the economic sustainability of agricultural production in the European Union;
(b) strengthen market orientation and increase the competitiveness of farms in the short and long term, including greater focus on research, technology and digitisation;
(c) improve the position of farmers in the value chain;
(d) contribute to climate change mitigation and adaptation, including by reducing greenhouse gas emissions and increasing carbon sequestration and promoting sustainable energy;
(e) promote sustainable development and efficient management of natural resources such as water, soil and air, including by reducing dependence on chemicals;
(f) contribute to halting biodiversity loss and to reversing this trend, strengthening ecosystem services and maintaining habitats and landscapes;
(g) to obtain and maintain young farmers and new farmers and to facilitate the sustainable development of entrepreneurship in rural areas;
(h) promote employment, growth, gender equality, including women's participation in agriculture, social inclusion and local development in rural areas, including circular bioeconomy and sustainable forest management;
(i) improve the European Union's agricultural response to social demand for food and health, including high quality, safe and nutritious food produced in a sustainable manner, reduce food waste as well as improve animal welfare and eliminate antimicrobial resistance;
(j) modernise agriculture and rural areas by promoting and sharing knowledge, innovation and digitisation in agriculture and rural areas and by encouraging their introduction by farmers to better access to research, innovation, knowledge exchange and training. ";
22. footnote 8 shall be deleted, including the footnote reference.
23. In Article 2ca, the words "and the European Maritime and Fisheries Fund 'are replaced by the words", the European Maritime and Fisheries Fund and the European Maritime, Fisheries and Aquaculture Funds'.
footnote 76 is replaced by the following:
"(76) Regulation (EU) 2021 / 1139 of the European Parliament and of the Council of 7 July 2021 establishing the European Maritime, Fisheries and Aquaculture Fund and amending Regulation (EU) 2017 / 1004, as amended. ';
24. In Paragraph 2ca, the current text becomes paragraph 1 and the following paragraph 2 is added:
"(2) Recognition, amendments, cancellations, including withdrawal of subsidies from a producer organisation, an association of producer organisations and inter-branch organisations in the fisheries and aquaculture sector pursuant to the directly applicable European Union provisions governing the common fisheries policy shall be carried out by the Ministry by decision on the basis of the rules applicable to the applicant."
25. The heading of § 2d reads:
Programmes financed exclusively from national resources'.
26. in Article 2d (2), the word "decision" shall be inserted after the word "Fund."
27. in Article 2e (3) (b), "or" shall be replaced by "or."
28. In Article 2e, the following paragraph 5 is added:
"(5) At the request of the municipal authority of the municipality with extended scope, the agricultural entrepreneur is obliged to demonstrate the legal reason for the use of the premises in which he has his registered office and foreign person's plant. The agricultural entrepreneur need not prove the legal grounds for using the premises in which he has his registered office in the Czech Republic, if his registered office is the same as his residence, except that his residence is at the address of the registered seat notified77), special matrices 77) or at the address of the registered seat of the administrative authority78), which has officially cancelled the indication of the place of registered residence in the Czech Republic.
77) Sections 10 (5) and 10a of Act No. 133 / 2000 Coll., as amended.
78) § 98a (3) of Act No. 326 / 1999 Coll., as amended. '
29. in Article 2f (3), the words "whether they differ from their place of residence" shall be added at the end of the text in point (h).
30. in Article 2f (3), the word "a" shall be deleted at the end of point (i);
31. in Article 2f (3), at the end of point (j), the dot is replaced by "a" and the following point (k) is added:
"(k) a document proving the legal basis for the use of the premises in which it has placed its registered office, if different from its residence, or if it has its residence at the address of its registered office (Reports77), special matrices (77) or at the address of the registered office (78), or where it has placed a fissile plant of foreign persons in the Czech Republic; proof of the legal basis for use of the premises shall be sufficient for a written declaration by the owner of the property, apartment or non-residential space where the premises are located to agree to the location. ';
32. in Articles 2f (4) (a), 2fa (1) (a) and (b) and 2fb (2), the word "scientific" is replaced by "scientific."
33. in Paragraph 2f (4), the end of point (c) is replaced by "a" and the following point (d) is added:
"(d) a document proving the legal reason for using the premises in which a legal person has its registered office in the territory of the Czech Republic, unless the registered address is already registered in a commercial register or other register, provided that the document is provided for by a special law as a condition of registration in that register; proof of the legal basis for use of the premises shall be sufficient for a written declaration by the owner of the property, apartment or non-residential space where the premises are located to agree to the location. ';
34. In Article 2fa, the words "and the information on members of the statutory body of an agricultural entrepreneur, if any, shall be added at the end of paragraph 4."
35. in Article 2fb (2), first sentence, the words "the focus of agricultural production," shall be deleted.
36. in Article 2g (1), the following point (b) is inserted after point (a):
"(b) it shall not prove the legal grounds for use of the premises, even at the repeated request of the municipal authority of the municipality with extended scope within 15 working days of the date of receipt of the repeated application pursuant to Article 2e (5),"
Points (b) to (e) shall be renumbered (c) to (f).
37. in Article 2g (1) of the final part of the provision, the words "and shall inform the farmer of the entry" shall be deleted, the words "(d) and (e)" shall be replaced by the words "(b) and (c)" shall be replaced by "(c) and (d)."
38. In Paragraph 2g, the following paragraph 2 is inserted after paragraph 1:
"(2) For the purposes of this Regulation, the following definitions apply: (e) the municipal authority of the municipality with extended scope shall carry out it on the date notified to it by the farmer in the application, but not earlier than the date of receipt of the application. Where the date on which the farm operator is removed from the register is not stated in the application, the farm operator shall be removed from the register on the date on which the decision of the municipal authority of the municipality with extended scope referred to in paragraph 1 becomes final. ';
Paragraphs 2 and 3 shall become paragraphs 3 and 4.
39. in Paragraph 3 (1), "Regulation 4f)" is replaced by "Regulation 5";
40. footnote 4f is deleted, including the footnote reference.
41.Paragraph 3 (4) reads as follows:
"(4) The competent authority shall not grant the grant to the applicant if, in the last 5 years before the decision granting the subsidy, the applicant has been convicted of committing an act of grant fraud under Section 212 of the Criminal Code, an offence of damage to the financial interests of the European Union under Section 260 of the Criminal Code, an act of animal abuse under Section 302 of the Criminal Code or an act of animal husbandry under the inappropriate conditions of Section 302a of the Criminal Code. '
42. In Paragraph 3 (5) (c), the words "special legislation21)" are replaced by "§ 3r."
43. footnote 21 is deleted, including the footnote reference.
44. in Article 3 (7), the words "international agreements" shall be deleted;
45. footnote 22:
"22) § 420 of the Civil Code, as amended."
46. footnote 23 reads:
"(23) Regulation No 1305 / 2013 of the European Parliament and of the Council, as amended. Regulation (EU) 2021 / 2116 of the European Parliament and of the Council, as amended. ';
47. Footnote 24 reads as follows:
"(24) Regulation (EU) 2021 / 2116 of the European Parliament and of the Council, as amended. ';
48. in Paragraph 3 (12):
"(12) The competent authority shall not grant the grant to the applicant where the applicant has received, in the relevant year, an activity, object or purpose for which the subsidy is requested, a subsidy from the State budget, a subsidy from the State Fund budget or a subsidy from the budget of the local authority. ';
49. in Article 3, paragraphs 13 and 14 are deleted;
50. In Article 3a (2), at the end of point (b), the word "a 'is replaced by a comma.
51. in Article 3a (2), at the end of point (c), the dot is replaced by "a" and the following point (d) is added:
"(d) the records of the spatial distribution units of the forest,"
(52) Paragraph 3a (3) and (4), including footnote 79, read:
"(3) Soil records and records of ecologically significant elements are based on the division of the territory into separate soil blocks representing the continuous area of agricultural land, or, where appropriate, the water area or area of wooded agricultural land, which has been kept in the land register as agricultural land. The soil block may contain an ecologically important element surrounded by agricultural land management or may be linked to an area with an ecologically significant element. The soil block shall be identified by a four-digit identification number and by a square within the map network. The parts of the soil blocks referred to in paragraph 4 or, where appropriate, the ecologically significant elements referred to in Article 3aa (4) which belong to the soil block shall be identified by the same identification number and shall be distinguished by a serial number as a reference to the identification number.
(4) The soil register unit based on the soil block is the part of the soil block 79), which is part of the soil block, with a minimum area of 0,01 ha, covering a continuous area of agricultural land on which an area with an ecologically significant element, or a water area or area of wooded agricultural land that has been kept in the land register as agricultural land, may be connected, and for which it is valid that:
(a) the natural or legal person (hereinafter referred to as "user") manages it on his own behalf and under his own responsibility;
(b) it records one type of agricultural culture determined in accordance with Article 3i or, where appropriate, an ecologically significant element under Article 3aa (4);
(c) its boundaries against another part of the soil block or area not included in another part of the soil block may be visibly identified in the field;
(d) it is managed in or outside the framework of organic farming or in the context of the stage of the transitional period in organic farming,
(e) it is subject to a measure the conditions of which are laid down in a specific legislation require to be implemented on a separate part of the soil block;
(f) it shall correspond to the relevant registration number of the vineyard or hop plant in the register of vineyards kept under the wine-growing and wine-growing act or to the register of hops kept under the hop protection law.
(79) Regulation (EU) 2021 / 2115 of the European Parliament and of the Council, as amended. Regulation (EU) 2021 / 2116 of the European Parliament and of the Council, as amended. ';
53. In Article 3a, paragraphs 5 to 7 are deleted.
Paragraph 8 shall become paragraph 5.
54. in Article 3a (5), point (a) shall be deleted;
Points (b) to (i) shall be renumbered (a) to (h).
55. in Article 3a (5), at the end of point (g), the word "a" is replaced by a comma and the following point (h) is inserted after point (g):
"(h) the inclusion of the part of the soil block with the agricultural culture of fruit orchards in the record of fruit orchards; and"
Point (h) shall be renumbered as point (i).
(56) footnotes 29, 30, 32 and 33 are deleted, including the footnotes.
57. in Article 3aa (5), point (c) shall be deleted;
Points (d) to (f) shall be renumbered (c) to (e).
58. in Article 3ab (1), the words "soil blocks," shall be deleted;
(59) In Article 3ab (2), the words "or telephone number or e-mail address" shall be added at the end of the text of point (a).
60. in § 3ab (2) (b), the words "area of soil blocks and" are replaced by the words "area."
61. in Article 3ab (2) (c), the words "soil block and" shall be deleted;
62. In Article 3ab (2) (d), the word "agricultural" shall be inserted after the word "species" and the words "and the type of crop, if indicated in the subsidy application, shall be added at the end of the text of point (d)."
63.In Article 3ab (2), the words "and its area" shall be added at the end of the text in point (i).
64. in Article 3g (1) (a), the words "areas registered in" shall be inserted after the word "borders."
65.In Article 3g (1), the following point (b) is inserted after point (a):
"(b) to change the course of the border by an area not registered in the soil block section,"
Points (b) to (f) shall be renumbered as points (c) to (g).
66.Paragraph 3g (3) reads as follows:
"(3) The Fund shall update the land register on the basis of the notification of the change referred to in paragraph 1 if the data in the notification of the change are not found to be false or incomplete and if the notification referred to in paragraph 1 (b), (c) or (g) is concerned, the user of the Fund shall provide evidence of:
(a) the written agreement referred to in paragraph 2; or
(b) a document proving the legal reason for the use of agricultural land which has become the subject of the conflict referred to in paragraph 2.
The Fund shall issue a notification to the person who has notified the change as well as to other persons, if any, of the update of the land register. The first step in the matter is to issue a notification on the updating of the land register. '
67. In Paragraph 3g (4) of the final part of the provision, the number "12" is replaced by "4" and the words "kept in the land register" are added at the end of the text of the provision.
68. in Paragraph 3g (10):
"(10) Where the notification of an amendment referred to in paragraph 1 affects the part of the soil block for which it was registered before that declaration or, where appropriate, after the change is made, the agricultural crop culture of the vineyard or of the hops provided for in the Government regulation pursuant to Article 3i or the part of the soil block with the agricultural crop set out in the Government regulation pursuant to Article 3i, which is to be included in the register of fruit orchards, the change of the data shall be verified by the Agricultural Central Control and Examination Institute (hereinafter referred to as" the Institute ') and the result shall be communicated to the Fund within 15 days.';
69. in Paragraph 3g, paragraphs 14 and 15 are deleted;
Paragraphs 16 and 17 shall become paragraphs 14 and 15.
70.In Article 3h (1), "5 years" is replaced by "2 years."
71. in Paragraph 3j (1), the last sentence shall be deleted;
72. In Article 3j, paragraph 3 is added, including footnote 80:
"(3) The renewal of permanent grassland may be carried out on the part of the soil block no more than once every 5 years, except in cases of declared force majeure caused by natural factors (80).
80) Article 3 of Regulation (EU) 2021 / 2116 of the European Parliament and of the Council. '
73.In Paragraph 3p (4), first sentence, "12" is replaced by "4."
74. Paragraph 3q (2) to (9) reads as follows:
"(2) The record of fruit orchards shall be kept according to the part of the soil block with the agricultural culture of fruit orchards, which is recorded in the land register referred to in Article 3a (5) as the part of the soil block with the agricultural culture of fruit orchards in the fruit orchards register. The record of fruit orchards shall take from the land register the identification number of the relevant part of the soil block, its user and the size referred to in Article 3a (5).
(3) A user reporting a change in accordance with § 3g (1) on the part of the soil block that is included or to be included in the fruit orchards register shall report the following data on the fruit orchard to the Institute no later than 15 days after the date of notification under § 3g:
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Regulation Information
| Citation | Act No. 382 / 2022 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 laws (Act on the State Agricultural Intervention Fund), as amended |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 09.12.2022 |
|---|---|
| Effective from | 01.01.2023 |
| Effective until | - |
| Status | Valid |
Parliamentary Paper:
Paper No. 272
The regulation text is for informational purposes only.
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