Full text of Act No. 385 / 2009 Coll.
Full text of Act No. 252 / 1997 Coll., on Agriculture, as resulting from subsequent amendments
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Declared full text
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10.11.2009
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385
PRESIDENT OF THE GOVERNMENT
Announces
The full text of Act No. 252 / 1997 Coll., on Agriculture, as follows from the amendments made 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., Act No. 227 / 2009 Coll., and Act No. 291 / 2009 Coll.
THE LAW
on agriculture
Parliament has decided on this law of the Czech Republic:
Purpose of the law
The purpose of this Act is:
(a) creating conditions to ensure the ability of Czech agriculture to provide basic nutrition for the population, food safety and the necessary non-food raw materials;
(b) the creation of assumptions for promoting non-production functions of agriculture which contribute to the protection of environmental components such as soil, water and air, and to the maintenance of populated and cultural landscapes;
(c) the creation of conditions for the implementation of the European Union's common agricultural and rural development policy;
(d) creating conditions for the development of diverse economic activities and the improvement of quality of life in rural areas and for the development of villages.
Role of the State in agriculture
The State contributes to maintaining the production potential of agriculture and its contribution to rural development by:
(a) It expired on 1 May 2004.
(b) it expired on 1 May 2004.
(c) provides tax relief
1. for the consumption of fuels by natural and legal persons operating agricultural production1),
2. for the consumption of fuels with biodegradable composition (1);
3. the acquisition of production quotas,
(d) create favourable conditions for trade in agricultural products by adapting the rules for:
1. agricultural storage certificates according to special legislation2),
2. commodity exchanges in accordance with special legislation3),
(e) implement measures within the framework of:
1. common organisation of the market in agricultural products and foodstuffs,
2. structural support programmes;
3. programmes intended to support activities financed exclusively from national resources;
(f) The Ministry of Finance shall allocate in the State budget appropriate funds to ensure national participation in the European Union Structural Funds.
Common market organisation and direct support
(1) Common market organisations shall mean a set of measures implemented on the market in agricultural products and foodstuffs listed in Annex I. Treaty establishing the European Community (EC Treaty).
(2) The measures referred to in paragraph 1 shall mean:
(a) the provisions of the EC Treaty, including its protocols;
(b) the provisions in the Treaties, including those relating to the Protocols which have been or have been concluded under the EC Treaty and which are legally effective in extending, supplementing or implementing them or in justifying the association, preference or free trade zone;
(c) legal acts of the Council or of the Commission of the European Union on the basis or in the framework of the contracts referred to in points (a) and (b) and legally binding decisions of the European Court of Justice.
(3) Direct aid means measures implemented under European Community4) on the market in agricultural products and foodstuffs
(a) in the field of direct aid and other aid to farmers;
(b) in the field of national complementary payments to direct aid.
(4) Agricultural products and foodstuffs other than those referred to in paragraph 1 and, where appropriate, other products shall be subject to common market organisations where they are subject to the measures referred to in paragraph 2.
Competent authorities of the common market organisation and direct support
(1) Save as otherwise provided in the specific legislation, the common organisation of the market and direct aid shall be implemented under the specific legislation5) The State Agricultural Intervention Fund (hereinafter referred to as the Fund).
(2) The Government, by means of a regulation, shall adjust the conditions for the implementation of the common market organisations and direct aids provided for in Article 2a, where such arrangements require appropriate measures within the meaning of Article 2a (2) and (3).
Structural support and rural development programme
(1) Structural support and rural development programme according to the directly applicable regulation of the European Communities governing support for rural development by the European Agricultural Fund for Rural Development (EAFRD) 6 (hereinafter referred to as the Rural Development Programme) means a set of measures to implement a policy to promote agriculture in areas less favourable to agriculture, support for the development of downstream sectors and support for rural development.
(2) Structural support programmes and rural development programmes include in particular:
(a) measures supporting mountain areas, areas with other handicaps and Natura 2000 areas;
(b) promoting the development of out-of-production functions for agriculture in order to protect environmental compartments;
(c) measures to strengthen the competitiveness of agriculture, forestry, water and fisheries, including the processing sectors;
(d) measures promoting the adaptation and development of rural areas and the development of villages;
(e) measures to improve the age structure of persons working in agriculture;
(f) measures promoting the use of biomass for energy purposes.
(3) Structural support programmes and rural development programmes are approved by the Government before they are submitted to the institutions of the European Union.
(4) The Structural Support Programmes and the Rural Development Programme are implemented by the Fund, except where specific legislation provides otherwise, with the exception of structural aid granted in accordance with the European Communities Regulation (7) implemented by the Ministry of Agriculture (hereinafter referred to as "the Ministry") in cooperation with the Fund.
(5) The Government, by means of a regulation, shall adjust the conditions for the implementation of the Structural Support and Rural Development programmes referred to in paragraphs 1 and 2 where such adjustment is required by the provisions of the European Communities.
(6) The rights and obligations arising under the international treaties (8) are transferred from the Ministry to the Fund on the date of the entry into force of this Act, unless the transfer has already taken place under the contract.
Aid for fisheries
Support programmes for fisheries under the directly applicable regulation of the European Communities governing the European Fisheries Fund (9) shall be implemented by the Ministry.
Aid financed exclusively from national resources
(1) The purpose of programmes to support activities financed exclusively from national sources, including the scope of the funds covered by these programmes, is approved by the Chamber of Deputies for each year at the same time as the State Budget.
(2) The programmes are carried out by the Ministry or by a person authorised by the Ministry on the basis of the principles issued by the Ministry.
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 economic, 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);
(i) operational finalisation.
(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.
Business in agriculture
(1) An agricultural entrepreneur under this Act is a natural or legal person who intends to carry on agricultural production as a continuous and separate activity on his own behalf, under his own responsibility, for the purpose of making profits, under the conditions laid down by this Act and which, in respect of a natural person:
(a) has reached the age of 18;
(b) has legal capacity;
c) repealed by the Constitutional Court No 409 / 2006 Coll. from 18 August 2006
d) repealed by the Constitutional Court No 409 / 2006 Coll. from 30 June 2007
e) has a permanent residence (10) on the territory of the Czech Republic, if not a citizen of the Czech Republic or a citizen of a Member State of the European Union;
f) the interview before the local competent municipal authority of the municipality with extended scope will demonstrate the basic knowledge of the Czech language, unless it is a citizen of the Czech Republic or a citizen of a Member State of the European Union; the basic knowledge of the Czech language is demonstrated by a natural person if he is able to
1. a fluent and linguistic response to questions relating to the normal situations of daily life and business;
2. to read the prescribed standard article from the daily press and, orally, in its own words, to communicate its content.
(2) A natural person engaged in small-scale farming and farming activities or selling plant and unprocessed animal products is not subject to the registration of an agricultural entrepreneur under this law.
(3) Agricultural production including water management means:
(a) plant production, including hop, fruit-growing, wine-growing, and growing vegetables, mushrooms, ornamental plants, medicinal and aromatic plants, plants for technical and energy use on land owned, leased or used for other legal reasons, operated without land,
(b) animal production involving the rearing of livestock, other animals or animals for the purpose of the acquisition, processing and production of animal products, the rearing of livestock for the removal and rearing of sports and horse racing horses;
(c) the production of breeding and breeding animals and the use of their genetic material and the acquisition of germinal products as regards the animals referred to in (b);
(d) the production of seeds and seed, nurseries and plant genetic material;
(e) the adjustment, processing and sale of own production of agricultural production11),
(f) the farming of fish, aquatic animals and the cultivation of plants in the water body of surface water on land owned, leased or used for other legal reasons;
(g) forest management (12), on land owned, leased or used for other legal reasons;
(h) water management for agricultural and forestry purposes.
(4) An agricultural entrepreneur under this Act is also entitled to provide work, performance or services which are exclusively related to agricultural production and which use the means or equipment used by an agricultural entrepreneur for agricultural production.
(5) Deleted by the Constitutional Court No 409 / 2006 Coll. from 18 August 2006
Registration of an agricultural entrepreneur
(1) A natural or legal person intending to do business in agriculture, except for a natural person pursuant to Article 2e (2) and a person referred to in Article 2e (4), provided that they provide temporary or occasional services in accordance with the European Communities Regulation (13), is required to register.
(2) An agricultural entrepreneur shall be registered by the local municipal authority with extended scope where the applicant:
(a) meets the conditions set out in Paragraph 2e (1);
b) repealed by the Constitutional Court No 409 / 2006 Coll. from 30 June 2007
The competent municipal authority of the municipality with extended competence to register the applicant for the agricultural business shall be the municipal authority of the municipality with extended competence within whose territorial jurisdiction the place of permanent residence of the agricultural entrepreneur, if it is a natural person, or the registered office of the agricultural entrepreneur, if it is a legal person; If the territorial competence of the municipal authority of the municipality with extended competence cannot be determined in these ways, the local authority of the municipality with extended competence according to the place of business in the Czech Republic. For the purposes of this Act, a place of business shall be understood as the place from which an agricultural entrepreneur operates his business.
(3) In the application for registration of an agricultural operator, the natural person shall indicate:
(a) the name and surname, or business name, citizenship, place of permanent residence, or any other address for service, containing the name of the municipality, its parts, street name, descriptive and indicative number, if any, if any, the postal code, the birth number, otherwise the date of birth, and a statement as to whether or not the court or administrative authority has imposed a ban on agricultural production;
(b) the foreign natural person also has the address of residence in the Czech Republic, if he has been granted permanent residence; for a person who, for business purposes, establishes an organisational component in the Czech Republic, the address of its location, containing the municipality, its part, street name, descriptive and indicative number, if assigned, the post code and the details of the head of that organisational unit,
c) repealed by the Constitutional Court No 409 / 2006 Coll. from 30 June 2007
(d) the focus of agricultural production in the distinction referred to in Article 2e (3);
(e) the identification number of the person (hereinafter referred to as the "identification number"), if any (14),
(f) the estimated date of commencement of the operation of agricultural production,
(g) the date of cessation of the operation of agricultural production if it intends to operate agricultural production for a fixed period.
(4) The application for registration of an agricultural operator, if submitted by a legal person, shall indicate:
(a) the name or business name, identification number or similar indication and address of the registered office or, where applicable, other address for service, the name or, where applicable, the name, surname, nationality, birth number, otherwise the date of birth, place of residence of the person or persons who are its statutory authority or its members, in the absence of a citizen of the Czech Republic or a citizen of another Member State of the European Union; where the statutory authority or its member is a legal person, the name or business name, registered office, identification number (14), if assigned, the name or, where applicable, the name, surname, nationality, birth number, otherwise the date of birth, place of permanent residence of the person or persons who are its statutory authority or its member, in the absence of a citizen of the Czech Republic or of a citizen of another Member State of the European Union, and an indication whether the court or administrative authority has not imposed a ban on their activities relating to agricultural production;
(b) in the case of a foreign legal person who, for business purposes, establishes an organisational component in the Czech Republic, its location in the Czech Republic and the data relating to the leading organisational component referred to in (a);
(c) the information referred to in paragraph 3 (d) to (g).
(5) If the applicant fulfils the conditions laid down in § 2e, the municipal authority of the municipality with extended scope shall register it within 30 days of the date of the application and issue it with a certificate of registration.
(1) The certificate of entry in the register of an agricultural operator issued to a natural person shall indicate:
(a) if there is a citizen of the Czech Republic, the name and surname, or business firm, citizenship, place of permanent residence containing the name of the municipality, its parts, street name, descriptive and indicative number, if assigned, and postal code, followed by the birth number, if otherwise assigned, date of birth, place of birth and surname of birth,
(b) if there is a foreign natural person, the name, surname or, where applicable, business name, citizenship, birth number, otherwise the date of birth, residence outside the Czech Republic, place of residence in the Czech Republic, if it has been authorised,
(c) place of business in the Czech Republic,
(d) the focus of agricultural production in the distinction referred to in Article 2e (3);
(e) the identification number, if assigned to it;
(f) the date of commencement of the operation of agricultural production;
(g) the date on which the operation of the agricultural production was terminated, if that date was indicated in the application.
(2) The certificate of registration of an agricultural operator issued to a legal person shall indicate:
(a) the business firm or name, the registered office (name of the municipality, its parts, street name, descriptive and indicative number, if assigned, postal code), the identification number, where assigned, and, where applicable, the name, surname, birth number, if any, the date of birth, the place of permanent residence of the person or persons who are his statutory authority or its members, in the absence of a citizen of the Czech Republic or a citizen of a Member State of the European Union; where the statutory authority or its member is a legal person, business name or name, registered office and identification number,
(b) for a foreign legal person, the location of the organisational component in the Czech Republic and the data relating to the management of the organisational component referred to in (a);
(c) the focus of agricultural production in the distinction referred to in Section 2e (3);
(d) the date of commencement of the operation of agricultural production;
(e) the date on which the operation of the agricultural production was discontinued, if that date was indicated in the application.
(3) The municipal authority of the municipality with extended competence which issued the certificate of registration of an agricultural entrepreneur shall assign the identification number to the agricultural entrepreneur provided by the administrator of the basic register of persons and shall inform it of its issue.
(a) the competent authority of the national statistical service;
(b) the competent tax administrator carrying out the income tax administration;
(c) appropriate social security management;
(d) the competent office of work; and
(e) the person who, under the special legislation, maintains the Central Register of General Health Insurance policy policy insured persons.
(4) The records of an agricultural operator shall contain all the information contained in the certificate issued, including the identification number allocated on the basis of the certificate of registration issued to the agricultural operator.
(5) The agricultural entrepreneur shall notify the municipal authority which issued the certificate of registration of the agricultural entrepreneur of changes to the particulars entered in that register no later than 15 days after the date on which such changes took place; This obligation is not for an agricultural entrepreneur if there are changes to the data entered in the central population register or in the commercial register. Following notification of the change by the entrepreneur or on the basis of the information provided by the trade register or the central register of the population concerning the information entered in the register of the agricultural entrepreneur, the municipal authority of the municipality, with the extended scope of registration in the register of the agricultural entrepreneur, shall issue the agricultural entrepreneur with a change certificate of registration in the register of the agricultural entrepreneur. The municipal authority of the municipality with extended scope shall reflect the relevant changes in the records of the farm operator and inform the competent authority and the body referred to in paragraph 4 of the changes made within 30 days of their implementation.
(6) The interruption of the operation of agricultural production over a period of more than 6 months shall be notified to the competent municipal authority of the municipality with extended scope without undue delay. The operation of agricultural production shall be deemed to be interrupted on the date of receipt of the notification referred to in the first sentence or the later date indicated in the notification. On the basis of the notification, the municipal authority of the municipality, with the extended scope of registration, shall register the farm operator and inform the farm operator of the registration.
(1) The data in the records of an agricultural entrepreneur kept by the municipal authorities of the municipalities with extended competence are kept in the information system of an agricultural entrepreneur whose management15) is the Ministry and the operator 15) the municipal authorities of the municipalities with extended competence to the extent provided for by this Act.
(2) Registration of an agricultural entrepreneur is a public list in the part where the name and surname or, where applicable, the business name, permanent residence or place of business are registered with a natural person, the foreign natural person also resides outside the Czech Republic, the focus of agricultural production, the identification number, and the part where the company or the name, seat, focus of agricultural production is registered with the legal person. An operator shall issue, from a public register, an extract or a certificate of registration or, where appropriate, a certificate of non-registration to the interested party. From a non-public part, the extract may be issued only to the person registered in the register of the agricultural operator or, on the basis of an officially certified mandate, to the agents of that person. The data kept in the part of the agricultural business register, which is a public register, shall be published by the Ministry in electronic form in a way that allows remote access to such data.
(3) The Ministry of the Interior provides the Ministry for the Administration of the Information System of the Registration of Agricultural Entrepreneurs under this Act from the Information System of the Population Register. The Ministry of the Interior shall provide these data in electronic form in a way that allows remote access. The data provided are data on:
(a) citizens of the Czech Republic,
1. name (s), names (s), surname (s), surname (s),
2nd birth number,
3. the address of the place of permanent residence,
4. the beginning of the permanent residence or, where applicable, the date of cancellation of the residence or the date of termination of the permanent residence in the Czech Republic;
5. depriving or restricting legal capacity;
6th date and place of death; If there is a death outside the territory of the Czech Republic, the State in whose territory the death occurred and, where applicable, the date of death,
Day 7, which was listed as the day of death in the court's decision on the death declaration,
(b) foreigners resident;
1. name (s), names (s), surname (s), surname (s),
2. the birth number, if any, or the date of birth,
3rd place and state where the stranger was born,
4. citizenship and, where appropriate, multiple citizenship,
5. type and address of residence,
6. the number and validity of the residence permit;
7. the beginning of the stay or, where applicable, the date of termination;
8. Waiver or limitation of legal capacity;
9. Date and place of death; If there is a death outside the territory of the Czech Republic, the State in whose territory the death occurred and, where applicable, the date of death,
Day 10, which was listed in the court's decision to declare himself dead as the day of death.
(4) From the data provided pursuant to paragraph 3, only such data as are necessary for the proper keeping of records of the agricultural operator may be used in a particular case.
Exclusion from the records of the farm operator
(1) The municipal authority of a municipality with extended jurisdiction shall exclude an agricultural entrepreneur from the register if:
(a) does not carry out agricultural production for more than 24 calendar months;
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Regulation Information
| Citation | Full text of Act No. 385 / 2009 Coll., Act No. 252 / 1997 Coll., on Agriculture, as resulting from subsequent amendments |
|---|---|
| Regulation Type | Declared full text |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 10.11.2009 |
|---|---|
| Effective from | - |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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