Government Decree No. 454 / 2001 Coll.
Government Regulation amending Government Decree No. 86 / 2001 Coll., laying down the conditions for granting financial support for the placing of land at rest and financial compensation for putting land at rest and the principles for the sale of oilseed rape on land put at rest
Valid
Regulation
Effective from 01.01.2002
Text versions:
01.01.2002
31.12.2001
454
GOVERNMENT REGULATION
of 21 November 2001
amending Government Regulation No 86 / 2001 Coll., laying down the conditions for granting financial support for the placing of land at rest and financial compensation for putting land at rest and the principles for the sale of oilseed rape on land put at rest
The Government hereby orders pursuant to Sections 1 (4) and 12 (1) and (2) of Act No. 256 / 2000 Coll., on the State Agricultural Intervention Fund and amending certain other laws (Act on the State Agricultural Intervention Fund) (hereinafter referred to as "the Act ') to implement Sections 1 (2) (a) (2) and (5) and Article 1 (2) (c) of the Act:
Government Decree No. 86 / 2001 Coll., laying down the conditions for granting financial support for the land to be put into rest and financial compensation for the land to be put into rest and the principles for the sale of oilseed rape on land to be put into rest are amended as follows:
1. in Paragraph 2 (1) (b), "31 March" is replaced by "28 February."
2. in Article 2 (1) (c):
"(c) submit to the Fund a declaration of honour with an officially certified signature, a specimen of which appears in Annex 2 to this Regulation at the latest,
1. Until 30 September of the marketing year concerned, if it does not grow on arable land set at rest by one of the crops listed in points 3 to 5 of Annex 3 to this Regulation, or
2. within 120 days of the end of the marketing year concerned, if it grows on arable land set at rest one of the crops referred to in points 3 to 5 of Annex 3 to this Regulation, ';
3. in Article 2 (1) (d):
"(d) prove that it had, on 1 February of the relevant marketing year, settled due liabilities to the FUND, the Czech Republic - Ministry of Agriculture (hereinafter referred to as" the Ministry of Agriculture "), the Land Fund of the Czech Republic, the National Property Fund of the Czech Republic, the Support and Guarantee Agricultural and Forestry Fund (hereinafter referred to as the" Support and Guarantee Funds "), and further payable social security contributions and the contribution to the State employment policy, the public health insurance obligations due and does not have registered tax arrears with the local competent financial authorities and, where appropriate, demonstrate that it had not settled the outstanding liabilities on 1 February of the relevant marketing year at the latest on the date of application; the relevant health insurance undertaking shall issue to the applicant a statement of the state of settlement of its public health insurance obligations due by 15 February of the marketing year concerned at the latest if the applicant has been shown to have so requested by the applicant not later than 15 January of the marketing year concerned, ';
4. In Article 2 (1) (g), the word "a 'is replaced by" or' and the following words are added: "no insolvency proceedings, no settlement proceedings or no application for bankruptcy has been rejected for lack of assets'.
5. in Paragraph 2 (1) (h):
"(h) maintain, in due condition in accordance with the specific legislation3) throughout the marketing year concerned, the entire area of agricultural land managed on the basis of property law, lease contract or other legal rations2) in the area referred to in point 3 of Annex 1 to this Regulation;"
6. In Paragraph 2 (1) (j), "Annex 4 'is replaced by" Annex 1, point 5';
7. in Article 2 (2) (a) (1), the words "Annex No 5" shall be replaced by the words "Annex No 3" and the words "the share of arable land put up for rest on which the oilseed rape or crops referred to in point 2 of Annex No 5 to this Regulation are grown separately," shall be deleted.
8. in Article 2 (2) (b):
'(b) shall sell to the Fund by 31 August at the latest of the marketing year concerned 2,3 tonnes of oilseed rape meeting:
1. the criteria set out in Annex 4 to this Regulation,
2. the criterion of the proportion of moldy and moldy seeds established by the Fund on the basis of the climatic conditions of the harvest no later than 10 days from the date of the start of the harvest;
from each hectare of arable land put to rest on which it grows oilseed rape, ';
9. In Paragraph 2 (2) (c), the words "until 30 September 'are replaced by the words" within 120 days after the end', the words "Annex No 5 'are replaced by the words" Annex No 3' and the words "Annex No 3 'are replaced by the words" Annex No 2'.
10. in Paragraph 2 (2) (d), the words "Annex No 5" shall be replaced by the words "Annex No 3," the words "square" shall be replaced by "arable land" and the words "31 August" shall be replaced by "10 August."
11. in Article 3 (a), "Annex 5" is replaced by "Annex 3."
12. in Article 4 (2), the following shall be replaced by a semicolon at the end of point (c) of Article 4 (2): "the cultivation of arable land in the relevant marketing year for the purpose of this provision shall be considered to be the establishment of grassland with the predominance of grassland, not later than 31 May of the marketing year concerned, in order to ensure that at the end of the marketing year the grassland with the predominance of grassland is involved; the restocking of grassland converted into arable land in the previous two marketing years shall not be considered as a grubbing-up for the purpose of this provision. ';
13. in Paragraph 4 (4), "Annex 3" is replaced by "Annex 2";
14. in Article 6 (1), the words "or" shall be replaced by the words "or, where appropriate."
15. in Article 6 (2), the word 'or' shall be replaced by 'or, where appropriate';
16. in Article 6 (3) and (4):
"(3) Financial aid or, where applicable, financial compensation shall not be granted for the area of parcels not used as arable land throughout the marketing year in which the applicant has applied for financial aid or, where appropriate, financial compensation.
(4) If, during the marketing year in which it applied for financial aid or financial compensation, the applicant changes the land used as permanent grassland into land used as arable land and at least the same area of arable land by the end of that marketing year, financial aid and financial compensation shall not be granted. For the purposes of this paragraph, grass arable land shall not be included in the area of grass arable land for the purpose of fulfilling the condition laid down in Article 4 (2) (c). ';
17. in Article 6, the following paragraph 5 is added:
"(5) The applicant shall inform the Fund of the change of land used as permanent grassland on land used as arable land and of the grubbing-up of arable land carried out during the marketing year concerned within 30 days of the start of these changes, but not earlier than the date on which the application for financial support or, where applicable, financial compensation is submitted. The model of information is set out in Annex 5 to this Regulation. ';
18. In Article 7, the words "or 'are replaced by the words" or, where appropriate';
19. in Paragraph 8, the words "or" shall be replaced by the words "or, where appropriate."
20. In Paragraph 9, the word 'or' is replaced by 'or, where appropriate'.
21. the following shall be added at the end of point (c) of Paragraph 10 (1): "located in the Czech Republic."
22. in Article 10 (1) (d):
"(d) prove that he had, on 1 August of the relevant marketing year, settled due liabilities to the Fund, Ministry, Land Fund of the Czech Republic, National Property Fund of the Czech Republic, Support and Guarantee Fund of the Rural and Forestry Fund, a. s., further payable social security contributions and contributions to the State Employment Policy, payable public health insurance obligations and does not have registered tax arrears with the local competent financial authorities and, where appropriate, demonstrates that he has settled the outstanding liabilities not settled on 1 August of the relevant marketing year at the latest at the date of the application,";
23. in Article 10 (1) (e), the word "a" shall be replaced by "or," the dot shall be replaced by a comma and the following words shall be added: "no insolvency proceedings, no settlement proceedings or no application for bankruptcy has been rejected due to a lack of assets."
24. in Paragraph 10 (2), the words "Annex No 8," shall be replaced by the words "Annex No 6," the second sentence shall be deleted and in the third sentence the dot shall be deleted and the following words shall be added: "and the affidavit bearing the officially certified signature of the candidate, the specimen of which appears in point 6 of Annex 6 to this Regulation."
25. in Paragraph 12 (1) (c), "Annex No 8" is replaced by "Annex No 6."
26. in Article 12 (1) (d), the words "located in the Czech Republic" shall be inserted after the words "establishment."
27. in Article 13 (2) (e):
"(e) a commitment by the buyer to process or sell the produced rapeseed oil methyl derived from rapeseed bought under this Treaty to mixed fuel intended as fuel for diesel engines with a capacity of 31% rapeseed methyl (hereinafter" biodiesel ") or to the biodiesel producer and to ensure that the biodiesel thus produced is not exported outside the Czech Republic,"
28. in Paragraph 14 (2) (b):
"(b) proves that, on the date of filing of the application for the relevant marketing year, it has settled due commitments to the Fund, the Ministry, the Land Fund of the Czech Republic, the National Property Fund of the Czech Republic, the Support and Guarantee Rural and Forestry Fund, a. s., the social security insurance and the contribution to the state employment policy, the public health insurance obligations due and no tax arrears are registered with the local competent financial authorities,"
29. in Paragraph 14 (2) (c), "a" is replaced by "or," the dot is replaced by "and the following words are added:" there is no bankruptcy procedure, settlement procedure or the application for bankruptcy has not been rejected because of a lack of assets. "
30. In Paragraph 14 (4), the words "Annex No 9 'are replaced by the words" Annex No 7', the second sentence is deleted and in the third sentence the dot is deleted and the following words are added: "and the affidavit with the officially certified signature of the tenderer, the specimen of which appears in point 4 of Annex No 7 to this Regulation. ';
31. Annex 1 shall read as follows:
"Annex No. 1 to Government Decree No. 86 / 2001 Coll.
Model of application for financial support, where applicable, financial compensation
32.
"Annex No 2 to Government Decree No. 86 / 2001 Coll.
Honorable declaration of compliance with the conditions for granting financial support for the land to be set at rest and, where applicable, financial compensation for the land to be put at rest (model)
33.
"Annex No. 3 to Government Decree No. 86 / 2001 Coll.
List of crops grown for purposes other than the production of food, feed and seeds that can be grown on land put up for rest
1. Oilseed rape
2. Crops grown for the purpose of green fertilisation:
mixtures of oilseeds, coriander (Phacelia tanacetifolia), single-year clay (Lolium multiflorum), lupines (Lupinus) and cereals, excluding maize (Zea mays), with a mustard content (Sinapis) of between 25 and 70%
3. Herbs for energy use:
1 year old:
| a) laskavec | Amaranthus |
| b) konopí seté | Cannabis sativa |
| c) sléz přeslenitý | Malva verticillata |
2 years:
| d) pupalka dvouletá | Oenothera biennis |
| e) komonice bílá | Melilotus alba |
Multiannual and persistent:
| f) mužák prorostlý | Silphium perfoliatum |
| g) jestřabina východní | Galega orientalis |
| h) topinambur | Helianthus tuberosus |
| i) psineček bílý | Agrostis gigantea |
| j) čičorka pestrá | Coronilla varia |
| k) oman pravý | Inula helenium |
| l) šťovík krmný | Rumex tianshanicus x Rumex patientia |
| m) sveřep bezbranný | Bromus inermis |
| n) sveřep samužníkovitý | Bromus carharticus |
| o) lesknice (chrastice) rákosovitá | Phalaris arundinacea |
| 4. Len setý* | Linum usitatissimum |
(a)
(b) oily
5. Cannabis sativa for textile use
34. Annex 6 shall be renumbered Annex 4.
35. in Annex 4, points 3 and 7 are deleted;
Points 4 to 6 shall be renumbered 3 to 5.
36.
"Annex No. 5 to Government Decree No. 86 / 2001 Coll.
Information on the reporting of a change in the use of land used as permanent grassland on arable land pursuant to § 6 (5) of Decree of the Government No 86 / 2001 Coll. (Model)
37. Annex 6 shall read as follows:
"Annex No 6 to Government Decree No. 86 / 2001 Coll.
Application for purchase of oilseed rape for the production of rape oil methyl ester (model)
38.
"Annex No 7 to Government Decree No. 86 / 2001 Coll.
Application to tender for the sale of oilseed rape for export outside the Czech Republic (model)
This Regulation shall enter into force on 1 January 2002.
Prime Minister:
Ing. Zeman v. r.
Minister for Agriculture:
Ing. Fencl v. r.
* The main product must be delivered to customers for purposes other than food, feed and seeds production. '
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Regulation Information
| Citation | Government Decree No. 454 / 2001 Coll., amending Government Decree No. 86 / 2001 Coll., laying down the conditions for granting financial support for the placing of land at rest and financial compensation for putting land at rest and the principles for the sale of oilseed rape produced on land put at rest |
|---|---|
| Regulation Type | Regulation |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 31.12.2001 |
|---|---|
| Effective from | 01.01.2002 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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