Government Decree No. 45 / 2007 Coll.
Government regulation laying down certain conditions for granting separate sugar payment to sugar growers
Valid
Regulation
Effective from 15.03.2007
45
GOVERNMENT REGULATION
of 28 February 2007
laying down certain conditions for granting separate sugar payment to sugar growers
The Government orders pursuant to § 2b (2) of Act No. 252 / 1997 Coll., on Agriculture, as amended by Act No. 128 / 2003 Coll. and Act No. 441 / 2005 Coll., hereinafter referred to as "the Act ', and under § 1 (3) of Act No. 256 / 2000 Coll., on the State Agricultural Intervention Fund and on the amendment of certain other laws (Act on the State Agricultural Intervention Fund), as amended by Act No. 441 / 2005 Coll.:
Subject matter
This Regulation (1) provides for certain conditions for granting separate sugar payment to sugar beet growers (hereinafter referred to as "sugar payment") to the State Agricultural Intervention Fund (hereinafter referred to as "the Fund") following the directly applicable rules of the European Communities (2).
Applicant for sugar payment
(1) A natural or legal person may apply for a sugar payment for the relevant calendar year under this Regulation which:
(a) manage agricultural land registered to the applicant in the register of use of agricultural land according to user relations (Sections 3a and 3b of the Act);
(b) conclude, for the 2005 / 2006 marketing year, a contract for the supply of A beet and B4 beet) with a sugar producer established in the Czech Republic holding an individual A sugar production quota and an individual B sugar production quota (hereinafter referred to as the sugar producer) in the 2005 / 2006 marketing year,
(c) deliver to the Fund an application for a single area payment (5) for the calendar year for which it applies for the sugar payment; and
(d) complies with the conditions of good agricultural and environmental condition set out in Annexes 2 and 4 to Government Regulation No 48 / 2017 Coll., laying down requirements under the acts and standards of good agricultural and environmental condition for the areas of cross compliance rules and the consequences of their infringement for the granting of certain agricultural aid;
("the applicant ').
(2) An application for a sugar payment may also be made by a person who is the legal successor of an applicant who would fulfil the conditions for granting the payment under this Regulation or who has transferred rights and obligations as a result of the transfer of an undertaking or the hire of an undertaking. 5b)
(3) The application for a sugar payment may also be lodged by the person who has taken over the applicant's agricultural land under the conditions laid down in the Government Regulation laying down the conditions for granting the subsidy in connection with the early cessation of the agricultural activity of the agricultural business5c), or under the conditions laid down directly by the European Community Regulation governing support for rural development from the European Agricultural Fund for Rural Development 5d), which would fulfil the conditions for granting the sugar payment under this Regulation.
(4) The facts referred to in paragraphs 2 and 3 shall be supported by the applicant for the Fund at the same time as the application for the grant of the sugar payment, including the manner and extent of the transfer or transfer of rights and obligations relating to the conditions for granting the sugar payment. However, in those cases it shall not be entitled to submit an application to the Fund by a person who could otherwise be an applicant under this Regulation.
Application for sugar payment
(1) The applicant shall deliver to the Fund an application for a sugar payment for the relevant calendar year (hereinafter referred to as "the application") by 15 May of the relevant calendar year using the form issued by the Fund.
(2) The applicant shall attach to the application referred to in paragraph 1 a contract for the supply of A beet and B4 beet, concluded for the 2005 / 2006 marketing year with the sugar manufacturer, or a certified copy thereof, unless it has been delivered with the application in one of the previous calendar years.
Compensation for financial discipline
(1) Under the regulation of the European Union governing the financing, management and monitoring of the common agricultural policy (15), the relevant calendar year for offsetting the financial discipline is the calendar year of the application for sugar payment.
(2) Compensation for financial discipline shall be made for the applicant for the sugar payment for which the Fund has made an adjustment to the sugar payments granted following the application for the sugar payment submitted in the relevant calendar year.
(3) The percentage of compensation for financial discipline shall be determined by the Fund by the ratio of the amount notified by the European Commission to the sum of all the adjustments made to sugar payments made in the relevant calendar year for applicants referred to in paragraph 2.
(4) The Fund shall determine by decision the amount of compensation for the financial discipline by multiplying the percentage of compensation for the financial discipline referred to in paragraph 3 by the amount of adjustment of the sugar payments made to the applicant in the relevant calendar year and shall make payment of compensation for the financial discipline by 16 October of the calendar year following the application for the sugar payment in the relevant calendar year.
Provision of sugar payment
(1) The Fund provides the applicant with a sugar payment for the relevant calendar year for the quantity of beet agreed under the contract for the 2005 / 2006 marketing year with a sugar producer for the supply of A beet and B4 beet), intended for the production of A sugar and B sugar, calculated at a sugar content of 16%.
(2) In fixing the sugar payment rate for the relevant calendar year per tonne of sugar beet, the total amount of sugar payment fixed for the relevant calendar year in accordance with the directly applicable European Community Regulation (7) and the total quantity of sugar beet for the production of A sugar and B sugar, as agreed in the contracts for the 2005 / 2006 marketing year, shall be based on sugar producers for the supply of A beet and B4 sugar beet, calculated at 16%.
(3) The Fund shall publish the sugar payment rate for the relevant calendar year referred to in paragraph 2 by 30 November of the relevant calendar year in at least one national logbook and in a manner that allows remote access.
(4) Where the applicant has not been granted a single agricultural area payment for the calendar year for which it applies for sugar payment, the Fund shall not grant the applicant sugar payment under this Regulation.
Reduction of sugar payment
If the Fund finds that the applicant did not indicate all the area in the application pursuant to Article 2 (1) (c) in accordance with the rules of the European Community8) and the difference between the total area in the application and the total total area in the application and the non-declared application is:
(a) more than 3% but less than or equal to 4% of the area declared in the application, reduce the payment by 1% 8),
(b) higher than 4% but less than or equal to 5% of the area declared in the application, reduced the payment by 2% 8),
(c) higher than 5% of the area declared in the application, reduced by 3% 8).
Efficacy
This Regulation shall enter into force on 15 March 2007.
Prime Minister:
Ing. Topolánek v. r.
Minister for Agriculture:
Mgr. Gandalovich v. r.
1) It is issued for implementation and within the limits of the law, the content of which makes it possible to make an adjustment following the provisions directly applicable to the European Communities by the Government.
2) Article 143ba of Council Regulation (EC) No 1782 / 2003 of 29 September 2003 establishing common rules for direct support schemes under the common agricultural policy and establishing certain support schemes for farmers and amending Regulations (EEC) No 2019 / 93, (EC) No 1452 / 2001, (EC) No 1453 / 2001, (EC) No 1454 / 2001, (EC) No 1868 / 1994, (EC) No 1251 / 1999, (EC) No 1254 / 1999, (EC) No 1673 / 2000, (EC) No 2358 / 71 and (EC) No 2529 / 2001, as amended. Article 17a of Commission Regulation (EC) No 796 / 2004 of 21 April 2004 laying down detailed rules for the application of cross-compliance, modulation and the integrated administration and control system provided for in Council Regulation (EC) No 1782 / 2003 establishing common rules for direct support schemes under the common agricultural policy and establishing certain support schemes for farmers, as amended.
3) 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 by Act No. 128 / 2003 Coll., Act No. 41 / 2004 Coll., Act No. 85 / 2004 Coll., Act No. 237 / 2004 Coll., Act No. 482 / 2004 Coll., Act No. 441 / 2005 Coll., Act No. 130 / 2006 Coll. and Act No. 342 / 2006 Coll.
4) Council Regulation (EC) No 1260 / 2001 of 19 June 2001 on the common organisation of the markets in the sugar sector, as amended.
5) Government Decree 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 from land put up for rest.
5b) § 488b to 488h of the Commercial Code.
5c) Government Decree No. 69 / 2005 Coll., laying down the conditions for granting the subsidy in connection with the early cessation of the agricultural activity of an agricultural entrepreneur, as amended by Government Decree No. 512 / 2006 Coll.
5d) Article 23 of Council Regulation (EC) No 1698 / 2005 of 20 September 2005 on support for rural development by the European Agricultural Fund for Rural Development (EAFRD), as amended.
7) Article 143ba (2) and (3) of Council Regulation (EC) No 1782 / 2003, as amended.
8) Article 14 (1) and (1a) of Commission Regulation (EC) No 796 / 2004, as amended.
9) § 2 (h) of Act No. 156 / 1998 Coll., on fertilisers, soil aids, auxiliary plant preparations and substrates and on agrochemical testing of agricultural soils (Fertilisers Act), as amended by Act No. 9 / 2009 Coll.
10) § 7 of Decree of the Ministry of Agriculture No. 274 / 1998 Coll., on the storage and use of fertilisers, as amended by Decree No. 91 / 2007 Coll.
11) For example, § 75 of Act No. 114 / 1992 Coll., on Nature and Landscape Protection, as amended by Act No. 132 / 2000 Coll., Act No. 76 / 2002 Coll., Act No. 320 / 2002 Coll. and Act No. 218 / 2004 Coll.
12) For example, Act No. 114 / 1992 Coll., as amended, Decree No. 79 / 2007 Coll., on the conditions for implementing agri-environment measures, as amended.
13) Paragraph 8 (1) (a) and (b) of Act No. 254 / 2001 Coll., on Water and on the amendment of certain laws (Water Act).
14) Government Decree No. 103 / 2003 Coll., on the determination of vulnerable areas and on the use and storage of fertilisers and manure, crop rotation and the implementation of anti-erosion measures in these areas, as amended.
15) Article 26 of 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.
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Regulation Information
| Citation | Government Regulation No. 45 / 2007 Coll., laying down certain conditions for granting separate sugar payment to sugar growers |
|---|---|
| Regulation Type | Regulation |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 15.03.2007 |
|---|---|
| Effective from | 15.03.2007 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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