Government Decree No. 45 / 2009 Coll.
Government Regulation amending Government Regulation No 79 / 2007 Coll., on the conditions for implementing agri-environment measures, as amended by Government Regulation No 114 / 2008 Coll.
Valid
Effective from 15.02.2009
45
GOVERNMENT REGULATION
of 26 January 2009
amending Government Regulation No 79 / 2007 Coll., on the conditions for implementing agri-environment measures, as amended by Government Regulation No 114 / 2008 Coll.
The Government hereby orders, pursuant to § 2c (5) of Act No. 252 / 1997 Coll., on Agriculture, as amended by Act No. 85 / 2004 Coll., (hereinafter referred to as "the Act '), to implement § 2c (2) (b) of 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.:
Government Regulation No 79 / 2007 Coll., on the conditions for the implementation of agri-environmental measures, as amended by Government Regulation No 114 / 2008 Coll., is amended as follows:
1. In Article 3, at the end of paragraph 3, the sentence "Only one application for inclusion may be lodged in a calendar year. 'is added.
2. The following Section 3a is inserted after Section 3, including the title:
Transfer of classification from integrated production to organic farming
(1) If, during the five-year period concerned, the applicant intends to transfer the classification under the title of integrated production with a vineyard culture or fruit orchards referred to in Articles 2 (a) (2) and 8 (1) (a) (1) and (2) to the heading of organic farming referred to in Article 2 (a) (1), it shall submit a new application for classification under paragraph 2.
(2) Where the applicant submits an application for inclusion pursuant to paragraph 1, he shall indicate in that application:
(a) all soil blocks, or parts thereof, classified under the title of integrated production with a vineyard culture or fruit orchards, including a designated area;
(b) all soil blocks and, where appropriate, their parts classified as organic farming, including the area included;
(c) a reduction in the land block area included, or part thereof, including, where appropriate, the reason for the reduction referred to in Article 5 (5);
(d) an increase in the land block area or part thereof, if any;
(e) soil blocks or parts thereof which have not yet been included in the title of integrated production with a vineyard culture or fruit orchards and which are required by the applicant to be classified as organic farming.
(3) The conditions laid down in paragraphs 3 and 5 shall apply mutatis mutandis at the request made pursuant to paragraphs 1 and 2. Where the applicant fulfils the conditions for inclusion in the organic farming title referred to in Article 7, the completion of the initial five-year period as integrated production as referred to in Articles 2 (a) (2) and 8 (1) (a) (1) and (2) shall not be considered a breach of the conditions.
(4) Where an applicant submits an application for inclusion in the calendar year referred to in paragraphs 1 to 3, an application for inclusion in the title of organic farming and integrated production may not be submitted in that calendar year in accordance with Article 20. ';
3. In Article 4 (2) (c), the words "and in accordance with the minimum requirements for the use of fertilisers and plant protection products set out in Annex 3 to this Regulation 'shall be inserted after the words" to this Regulation'.
Footnote 6a:
"(6a) Point 5.3.2.1 of Annex II to Commission Regulation (EC) No 1974 / 2006. ';
4. In Article 4 (2) (d), the words "use these fertilisers and 'are deleted.
5. in Article 4 (2) (e), the words "use these preparations and" shall be deleted;
(6) footnote 10 shall read:
"10) § 49 of Act No. 326 / 2004 Coll., on Phytosanitary Care and on the Amendment of Certain Related Acts, as amended by Act No. 131 / 2006 Coll. § 19 of Decree No. 329 / 2004 Coll., on Products and Other Plant Protection Devices."
7. in Article 4 (2), point (h) is deleted;
Point (i) shall be renumbered as point (h).
8. In Article 5 (5) (g), "up to 5% 'is replaced by" up to 15%';
9. In Article 7, the following paragraph 9 is added:
"(9) The applicant applying for a subsidy for a culture of orchards shall ensure that the average number of viable fruit trees and, where appropriate, of fruit shrubs per hectare planted with a given type of timber on the soil block or, where appropriate, of its part for which a subsidy is requested does not fall for:
(a) kernels under 200 pieces;
(b) stone and shell under 150 pieces;
(c) berries under 800 pieces. ';
10.Paragraph 13 (12) reads as follows:
"(12) The Fund will grant a subsidy in the currency of the Czech Republic; the rate of subsidy referred to in paragraph 11 shall be converted according to the exchange rate published in the first Official Journal of the European Union, issued in the calendar year for which the payment is granted, which shall be as close to the date of the beginning of that calendar year. ';
11. in Article 14 (3), point (a) is deleted;
Points (b) to (n) shall be renumbered as points (a) to (m).
12. in Article 15 (a), the words "breach of the conditions of use of fertiliser (7) or manure (8) referred to in Article 4 (2) (d), (where applicable)" and the words "maintenance of fertiliser records (9)" shall be deleted;
13. in Article 15 (d), the following point 4 is added:
'4. a breach of the condition set out in Paragraph 7 (9); the grant shall not be granted for the relevant soil block or, where appropriate, the part of the soil block on which the infringement has been found; the area of the soil block or part thereof for which the Fund does not grant a subsidy under this point shall not be included in the area determined under the rules of the European Communities; ';
14. In Article 15, at the end of point (r), the dot is replaced by a comma and the following point (s) is added:
"(s) non-compliance with the condition referred to in Article 4 (2) (e), the non-submission of a record of the use of plant protection products (10) during a site check (35), or of a register from which compliance with the condition referred to in Article 8 (4) (a), 8 (5) (a), 8 (5) (b), 8 (5) (e) or 8 (7) (d) cannot be established."
15. Article 19 shall be deleted;
16. Paragraph 20 (7) is deleted.
17. Annex 3 shall read as follows:
"Annex No. 3 to Government Decree No. 79 / 2007 Coll.
Conditions of minimum requirements for the use of fertilisers and plant protection products
Under the minimum requirements for the use of fertilisers and plant protection products, the following shall be considered:
1. the condition laid down in § 6 of Decree No. 103 / 2003 Coll., as amended by Decree No. 108 / 2008 Coll.,
2. the condition laid down in § 11 (2) of Decree No. 103 / 2003 Coll., as amended by Decree No. 108 / 2008 Coll.,
3. the condition laid down in § 11 (3) of Decree No. 103 / 2003 Coll., as amended by Decree No. 108 / 2008 Coll.,
4. the condition laid down in § 12 (a) of Decree No. 103 / 2003 Coll., as amended by Decree No. 108 / 2008 Coll.,
5. the condition laid down in § 9 (2) (b) of Act No. 156 / 1998 Coll., as amended by Act No. 308 / 2000 Coll., Act No. 317 / 2004 Coll. and Act No. 9 / 2009 Coll.,
6. the condition laid down in § 9 (2) (d) of Act No. 156 / 1998 Coll., as amended by Act No. 308 / 2000 Coll., Act No. 317 / 2004 Coll. and Act No. 9 / 2009 Coll.,
7. The condition laid down in § 46 (a) (1) and (5) of Act No. 326 / 2004 Coll., as amended by Act No. 131 / 2006 Coll.,
8. The condition laid down in § 49 (1) (b) of Act No. 326 / 2004 Coll.,
9. The condition laid down in § 66 of Act No. 326 / 2004 Coll.,
10. The condition laid down in § 86 (3) of Act 326 / 2004 Coll., as amended by Act No. 249 / 2008 Coll.,
11. The condition laid down in § 86 (4) of Act 326 / 2004 Coll., as amended by Act No. 131 / 2006 Coll. and Act No. 249 / 2008 Coll.
The conditions set out in points 1 to 4 shall also apply outside the areas set out in Section 2 of Government Decree No. 103 / 2003 Coll. '.
18. In Annex No 13, in the column "Planting for a species of peppers per year '," 60 000' is replaced by "30 000 '.
Transitional provisions
Applications submitted pursuant to Government Regulation No 79 / 2007 Coll., as effective by the date of entry into force of this Regulation, shall be assessed in accordance with Government Regulation No 79 / 2007 Coll., as effective by the date of entry into force of this Regulation.
Efficacy
This Regulation shall enter into force on 15 February 2009.
Prime Minister:
Ing. Topolánek v. r.
Minister for Agriculture:
Mgr. Gandalovich v. r.
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Regulation Information
| Citation | Government Regulation No. 45 / 2009 Coll., amending Government Regulation No. 79 / 2007 Coll., on the conditions for implementing agri-environment measures, as amended by Government Regulation No. 114 / 2008 Coll. |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 11.02.2009 |
|---|---|
| Effective from | 15.02.2009 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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