Full text of Act No. 4 / 2006 Coll.
Full text of Act No. 252 / 1997 Coll., on Agriculture, as resulting from subsequent amendments
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4
PRESIDENT OF THE GOVERNMENT
Announces
full text of Act No. 252 / 1997 Coll., on Agriculture, as follows from changes 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. and Act No. 441 / 2005 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) Grants subsidies 4b) to natural and legal persons within the framework
1. measures to organise the market in agricultural and food products;
2. aid programmes to less favourable areas and areas with environmental restrictions;
3. programmes to promote the development of out-of-production functions of agriculture, consisting of the protection of environmental components,
4. measures to improve the age structure of persons working in agriculture;
5. measures to strengthen the competitiveness of agriculture, including the processing sector;
6. measures to promote general agricultural services;
7. the system of guarantees for agricultural products and foodstuffs,
8. aid for the purchase of agricultural land by farmers,
9. Aid for the pooling of farmers in the marketing and processing of production and in the purchase of agricultural needs,
10. aid for the interest rate on bank loans for agricultural primary production and partial liability for those loans;
11. attaining the level of direct payments to agriculture provided for by the Treaty of Accession of the Czech Republic to the European Union,
12. measures to mitigate the effects of adverse climatic or price effects;
(b) ensure the stability of the market in agricultural products and foodstuffs for which it uses:
1. intervention purchases and sales of agricultural products and foodstuffs,
2. the system of production quotas,
3. subsidies for exports of agricultural products and foodstuffs,
4. a system to promote the non-food use of agricultural products;
5. licensing policies,
6. customs protection measures;
(c) provides tax relief
1. for the consumption of fuels by natural and legal persons operating agricultural production4c),
2. for the consumption of fuels with a biodegradable fraction of 4c),
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 legislation4d),
2. Commodity exchanges according to special legislation4e),
(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
(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) The common market organisations referred to in paragraph 1 shall also include measures implemented under European Community3a) 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
(1) Unless otherwise provided for in the specific legislation, the common market organisation shall implement, under the specific legislature4f) 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 in accordance with Article 2a, where such an adjustment requires appropriate action within the meaning of Article 2a (2) and (3).
Structural support programme
(1) Structural support programme means a set of measures to implement an agricultural support policy in areas less favourable to agriculture, support for the development of downstream sectors and support for rural development.
(2) Structural aid programmes include in particular:
(a) assistance to less favourable areas and areas with environmental restrictions;
(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.
(3) Structural support programmes are approved by the Government before they are submitted to the institutions of the European Union.
(4) Structural support programmes are implemented by the Fund, unless specific legislation provides otherwise, with the exception of structural aid granted in accordance with the provisions of the European Community3b) implemented by the Ministry of Agriculture in cooperation with the Fund.
(5) The Government shall, by regulation, adapt the conditions for the implementation of the structural support programmes referred to in paragraphs 1 and 2 where such arrangements are required by the relevant legislation of the European Communities.
(6) Where it imposes or allows the relevant legislation of the European Communities with immediate effect to create conditions for the future implementation of those relevant legislation of the European Communities before their immediate effect becomes effective, the Government shall, by regulation, adjust the conditions for the future implementation of those relevant legislation of the European Communities for the implementation of the common market organisations referred to in Article 2a and for the implementation of the structural support programmes referred to in paragraphs 1 and 2.
(7) The rights and obligations arising under the international contract (4v) are transferred from the Ministry of Agriculture to the Fund on the date of entry into force of this Act, unless the transfer has already taken place under the contract.
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 of Agriculture (hereinafter referred to as the Ministry) or by a person authorised by it on the basis of the Ministry of Principles issued.
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) it is fair and fair,
(d) is competent (§ 2f (2)),
e) has a permanent residence (4h) in the Czech Republic, unless it is 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.
Compliance with the facts referred to in points (a) to (f) for a legal person shall be demonstrated by its responsible representative. The legal person responsible for the purposes of this Act shall be the natural person designated by the legal person responsible for the proper operation of the business and who is in contract with the agricultural entrepreneur. No one may be appointed as responsible representative for more than two agricultural entrepreneurs. The responsible representative of a legal person may not be a member of the supervisory board or other supervisory body of that legal person. If the responsible representative ceases to hold office or does not fulfil the conditions, the farmer must appoint a new representative within 15 days at the latest.
(2) A natural person engaged in small-scale farming or farming activities or selling unprocessed plant and animal products shall not be 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 production and production of animal products, the rearing of livestock and the rearing of sports and horse racing horses;
(c) the production of breeding animals and the use of their genetic material 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 production4j);
(f) the farming of fish, aquatic animals and the cultivation of plants on land owned, leased or used for other legal reasons;
(g) forest management (4i), 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) For the purposes of this law, those who have not been convicted in a final manner or who are looked upon as if they had not been convicted in 4k are considered to be righteous)
(a) for a criminal offence committed intentionally for an unconditional prison sentence of at least one year;
(b) for an offence committed intentionally committed in connection with an enterprise which is not a criminal offence referred to in (a); or
(c) for an offence committed through negligence committed in connection with an agricultural business.
Registration of an agricultural entrepreneur
(1) A natural or legal person intending to do business in agriculture, except for a natural person under Paragraph 2e (2), 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) meet the professional qualifications of:
1. obtaining education at least at the level of secondary vocational education (4l) in an agricultural field, veterinary and veterinary prevention, or at the level of full secondary education with a focus on agriculture or, where appropriate, an accredited retraining course aimed at general agricultural activities of at least 150 hours; or
2. by proving agricultural practice on the holding for at least 5 years.
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, citizenship, permanent residence, otherwise the address for service, usually at the place of residence of the natural person in the Czech Republic or at the place of business (name of the municipality, its parts, street name, descriptive and indicative number, if assigned, postal code), birth number, date of birth and indication whether the court or administrative authority has not imposed a ban on the activity of agricultural production;
(b) the foreign natural person also has an address of residence outside the Czech Republic;
(c) an indication of professional competence if it fulfils it;
(d) the focus of agricultural production in the distinction referred to in Article 2e (3);
(e) the identification number, if assigned,
(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) a business firm or name, registered office (name of the municipality, its part, street name, descriptive and indicative number, if assigned, postal code) and the name or, where applicable, surname, nationality, birth number, if any, date of birth, place of permanent residence of the person or persons who are its statutory authority or members, in the absence of a citizen of the Czech Republic or of a citizen of the European Union, and an indication whether the court or administrative authority has not prohibited them from carrying on 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 (a), (b) and (c) concerning the responsible representative;
(d) the information referred to in paragraph 3 (d) to (g).
(5) The application for registration of an agricultural operator shall be accompanied by documents certifying compliance with the conditions laid down in Article 2e (1) for registration of an agricultural operator. The integrity (Paragraph 2e (5)) is evidenced
(a) an extract from the Register of Penalties, not more than 3 months old, if it is a citizen of the Czech Republic;
(b) an extract from the criminal record or an equivalent document issued by the competent judicial or administrative authority of the Member State or Member State of last residence, if it is a citizen of a Member State of the European Union, not more than 3 months old;
(c) an extract from the record of the Register of Penalties and corresponding documents issued by the State of which the natural person is a citizen and by States in which he has remained continuously for more than 3 months in the last 3 years, if it is a citizen of a State other than those referred to in points (a) and (b); such documents shall not be more than 3 months old.
(6) The municipal authority of the municipality with extended competence shall issue to the applicant within 30 days a certificate of entry in the register of the agricultural operator if it fulfils the conditions laid down in Article 2e (1). At the same time, the competent authority shall inform the national statistics, which shall assign an identification number on the basis of which to the agricultural entrepreneur if it has not already been allocated. The certificate shall include the particulars referred to in paragraph 3, if any, or the particulars referred to in paragraph 4, if the person is legal. The municipal authority of the municipality with extended scope shall also inform the competent tax administrator of the administration of income tax, the competent social security administration and the competent employment office, locally competent according to the permanent residence or place of residence, or according to the place of business of the agricultural entrepreneur, and the authority or organisation which, under the special law, maintains the register of all insured persons in general health insurance.
(7) In the records of the farm operator, the competent municipal authority of the municipality with extended scope shall immediately indicate the facts listed in the certificate issued and the identification number allocated to the farm operator. In the event of a change and termination of the facts kept in the records of the agricultural operator and at the end of the agricultural production of the agricultural operator, the municipal authority of the municipality shall, on the basis of its notification, apply mutatis mutandis.
(8) The assessment of the applicant's competence to register shall be carried out in accordance with specific legislation4m). When assessing competence, the Regional Authority shall decide in the cases in question.
(9) For the purposes of this Act, a foreign person is a natural person residing or a legal person having its registered office outside the Czech Republic.
(10) Proceedings under this Act shall be governed by the Administrative Rules 4n, except for the issue of a certificate of registration in the register of an agricultural entrepreneur, except for the issue of a certificate of withdrawal from the register of an agricultural entrepreneur pursuant to § 2g (1) (d) and except for the issue of a certificate of exclusion from the register of persons maintained under Act No. 105 / 1990 Coll., on the private business of citizens, as amended by Act No. 219 / 1991 Coll. and Act No. 455 / 1991 Coll.
(11) An agricultural entrepreneur operating under Paragraph 2e (3) (g) fulfils the competence referred to in paragraph 2 (b) by means of a professional forestry operator institute in accordance with special legislation (4i).
(12) The data in the records of an agricultural entrepreneur maintained by the municipal authorities of the municipalities with extended competence are kept in the information system of the agricultural entrepreneur, whose management4w) is the Ministry and the operator 4w) within the jurisdiction of their administrative districts are municipal authorities of the municipalities with extended competence within the scope of this Act. Information and data from other information systems and registers may be collected in the records of an agricultural entrepreneur.
(13) The data kept in the records of an agricultural entrepreneur, which is a public list, shall be published by the Ministry in electronic form in a way that allows remote access to such data.
(14) The Ministry of the Interior, the Regional Authorities and the municipal authorities of the municipalities with extended competence provide the Ministry of Performance under this Act with population information system 4x); the population means a natural person in accordance with a specific legislation 4x). The Ministry of the Interior shall provide these data in electronic form in a way enabling remote access, regional authorities and municipal authorities with extended scope, providing these data on written request. The data provided are:
(a) citizens of the Czech Republic,
1. name (s), names (s), surname (s), surname (s),
2. date of birth,
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, location and district 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. 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, place and district of death,
Day 10, which was listed in the court's decision to declare himself dead as the day of death.
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;
(b) died if it is a physical person,
(c) it has disappeared if it is a legal person;
(d) the agricultural entrepreneur himself shall apply for exclusion from the records of the agricultural entrepreneur;
(e) no longer fulfils the condition of integrity (Paragraph 2e (5)) or has been imposed on him a ban on agricultural production activity, if he is a natural person;
(f) his / her agent shall cease to perform his / her duties or shall cease to fulfil the condition of integrity (Section 2e (5)), or he / she has been ordered to refrain from farming activities if he / she is a legal person.
(2) If the successor in title wishes to continue his business, he shall notify the municipal authority of the municipality with extended scope within 3 months of the date of the death of the agricultural entrepreneur. If the successor in title does not fulfil the conditions set out in Article 2e (1) before the end of the succession proceedings, he shall immediately appoint a responsible representative for the period of the succession proceedings. At the end of the succession proceedings, the provisions governing the agricultural business shall apply mutatis mutandis to the successors in title.
(3) The Regional Authority shall decide on the appeal against the decision to be removed from the records of an agricultural entrepreneur. Following the acquisition of legal power, the decision to exclude an agricultural entrepreneur from the register, the municipal authority of the municipality with extended scope, shall without delay carry out the removal from the records of the agricultural entrepreneur.
The municipal authority of the municipality with extended competence shall exercise its powers pursuant to § 2f and 2g of the delegation; It shall be borne by the State.
GMO cultivation
(1) A natural or legal person intending to grow a genetically modified variety (4al) on a soil block or part of a soil block shall:
(a) inform of the intention to grow this genetically modified variety of the soil block user or, where appropriate, the part of the soil block located at a distance specified for each crop by decree, from the soil block used by it or the part of the soil block on which it intends to grow that genetically modified variety, within the period specified for each crop by decree prior to the anticipated start of cultivation;
(b) inform the Ministry of the intention to grow this genetically modified variety within the period laid down for each crop by decree prior to the anticipated start of cultivation.
(2) A natural or legal person who grows a genetically modified variety (4al) on a soil block or part of a soil block shall:
(a) comply with the minimum set distance between the cultivation of this genetically modified variety on the soil block and, where appropriate, the part of the soil block from the place of cultivation of the same crop variety which is not a genetically modified variety;
(b) comply with the minimum set distance between the cultivation of this genetically modified variety on the soil block and, where appropriate, the part of the soil block from the place of cultivation of the same crop grown under the organic farming scheme, 4am);
(c) inform about the start of the cultivation of the genetically modified variety of the soil block user or, where appropriate, the part of the soil block situated at a distance specified for each crop by decree, from the soil block used by it or the part of the soil block at which it began to grow that genetically modified variety, not later than 15 days after the date of the start of its cultivation,
(d) inform the Ministry of the commencement of the cultivation of this genetically modified variety no later than 30 days after the date of the start of its cultivation, within the scope of the decree;
(e) mark the area of cultivation of the genetically modified variety on the soil block or, where appropriate, the part of the soil block in the field in a recognizable manner, unless the area consists of a recognizable boundary of the soil block or, where appropriate, the part of the soil block;
(f) keep for a period of 5 years data on the cultivation of the genetically modified variety on the soil block to the extent provided for in the Decree.
(3) The obligation to comply with the minimum cultivation distance of the genetically modified variety (4al) referred to in paragraph 2 (a) and (b) may be fulfilled by a natural or legal person who has received this genetically modified variety by means of the same crop which is not genetically modified, within the limits laid down for each crop by decree, and which is considered to be genetically modified at harvest.
(4) The Ministry of the Individual Crops for which genetically modified variets4al are grown), the Decree provides for:
(a) the distance between the soil blocks and, where applicable, the parts of the soil blocks referred to in paragraph 1 (a) and paragraph 2 (c);
(b) the period prior to the anticipated start of cultivation of the genetically modified variety referred to in paragraph 1;
(c) the extent to which the information referred to in paragraph 1 (b) and paragraph 2 (d) is provided;
(d) the minimum cultivation distance of the genetically modified variety referred to in paragraph 2 (a) and (b);
(e) the extent of the stored data referred to in paragraph 2 (f);
(f) the extent of sowing by the same crop which is not genetically modified, as referred to in paragraph 3.
(5) The Ministry shall provide the data referred to in paragraph 2 (d) to the Ministry of the Environment.
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Regulation Information
| Citation | Full text of Act No. 4 / 2006 Coll., Act No. 252 / 1997 Coll., on Agriculture, as resulting from subsequent amendments |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 06.01.2006 |
|---|---|
| Effective from | - |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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