Government Decree No. 480 / 2009 Coll.

Government regulation amending certain regulations of the Government in the context of the adoption of a government regulation on the determination of the consequences of infringements of cross-compliance

Valid Regulation Effective from 01.01.2010
480
GOVERNMENT REGULATION
of 21 December 2009
amending certain regulations of the Government in the context of the adoption of a regulation of the Government on the determination of the consequences of infringements of cross-compliance
The Government directs pursuant to § 2b (2) and § 2c (5) of Act No. 252 / 1997 Coll., on Agriculture, as amended by Act No. 128 / 2003 Coll., Act No. 85 / 2004 Coll., Act No. 317 / 2004 Coll. and Act No. 441 / 2005 Coll., and pursuant to § 1 (3) of Act No. 256 / 2000 Coll., on the State Agricultural Intervention Fund and on the amendment of certain other acts (Act on the State Agricultural Intervention Fund), as amended by Act No. 441 / 2005 Coll.:

ČÁST PRVNÍ

Amendment of the Government Regulation on closer conditions for implementing measures of the common organisation of the market in wine
Čl. I
Government Decree No. 245 / 2004 Coll., on determining the closer conditions for the implementation of measures of the common organisation of the market in wine, as amended by Government Decree No. 83 / 2006 Coll., Government Decree No. 33 / 2007 Coll., Government Decree No. 320 / 2008 Coll., Government Decree No. 82 / 2009 Coll. and Government Decree No. 83 / 2009 Coll., is amended as follows:
1. Paragraph 3 (2) reads as follows:
"(2) The applicant complies with the good agricultural and environmental condition set out in Annex 2 to this Regulation."
footnotes 8 to 10 are deleted.
2. In Article 5 (5), "Article 3 (2) 'is replaced by" Annex 2 to this Regulation'.
3. In Paragraph 8c (2), "Annex No 2 'is replaced by" Annex No 3';
4. in Article 8c (4) (a), "Annex No 2" is replaced by "Annex No 3."
5. The following Annex 2 is inserted after Annex 1, including footnotes 25 to 30:

"Annex No 2 to Government Decree No 245 / 2004 Coll.
Conditions of good agricultural and environmental condition
(1) The applicant on the soil block, or part thereof with a type of agricultural culture of arable land the average gradient of which exceeds 7 °, shall ensure, after the crop has been harvested, the establishment of a subsequent crop or shall apply at least one of the following measures:
(a) the stubble of the harvested crop shall be left on the soil block or, where appropriate, part thereof until at least 30 November, unless this is contrary to point 2; or
(b) the land shall remain ploughed or, where appropriate, conditional for the purpose of seizing water until at least 30 November if the operation does not conflict with point 2.
2. The applicant on the area of the soil block, or part thereof, marked in the soil record as strongly erotically endangered shall ensure that maize, potatoes, beet, beet, soya and sunflower crops are not grown. Crops of cereals and oilseed rape on such a marked area shall be established using soil protection technologies, in particular mulch sowing or without oilseed sowing. In the case of cereals, the condition of soil protection technologies in the setting-up of crops need not be respected only if they are grown with the seed of clover.
3. The applicant shall ensure on an annual basis, for a minimum of 20% of the land block area used by the applicant, or parts thereof with a type of agricultural crop arable land related to the total area of this type of culture used by the applicant on 31 May of the relevant calendar year, that:
(a) applying solid manure or solid organic fertilisers at a minimum dose of 25 tonnes per hectare, with the exception of solid manure from poultry farming, where the minimum levy is set at 4 tonnes per hectare; no minimum levy is fixed on the condition that the products left for planting plant 25 (e.g. straw) under another legislation26) is complied with; or
(b) the coverage of this percentage of the area or, where appropriate, of the corresponding part by the date of at least 31 May to 31 July of the relevant calendar year, by the production of one of the following crops or mixtures thereof: clover, fillet, safflower, safflower, vetch, vetch, field bean, blue lupin, peas. Crops of the above crops may also be set as subsewn into a cover crop, or as mixtures with grasses, where the representation of grassland does not exceed 50%.
4. The applicant will not burn herbal residues on the soil block used by him or its parts.
5. The applicant shall not carry out agri-technical interventions on the soil block used by him or part of him if the land is flooded or oversaturated with water, except for the crop harvest itself and compliance with the condition of point 7.
6. The applicant shall not cancel or harm landscape elements and the type of agricultural culture of the pond. The interference or damage to the landscape element, if any, shall not be regarded as interference with it with the consent of the competent authority (27).
7. The applicant shall ensure, on the soil block used by him or his part, the regulation of non-glandular plants so that flowering or flowering plants of this species do not occur on him during the relevant calendar year. At the same time, they shall ensure the regulation of the galleries so that the height of the plants does not exceed 70 cm during the relevant calendar year.
8. The applicant shall not change the type of agricultural crop to arable land on the soil block used by him or, where appropriate, his part.
9. The applicant shall ensure that, after 31 October of the calendar year on the soil block or, where appropriate, its grassland part is not more than 30 cm, unless otherwise provided by other legislature28.
10. An applicant who uses irrigation and is at the same time the owner or operator of the irrigation system shall submit a valid permit for the handling of surface or groundwater in accordance with other legislation29 for this purpose.
11. The applicant shall, on the soil block used by him or, where appropriate, the part thereof adjacent to the surface water body, retain a non-fertilised parcel of land at least 3 m from the shore line unless otherwise provided by other legislature30.
25) § 2 (h) of Act No. 156 / 1998 Coll., on fertilisers, soil aids, auxiliary plant products and substrates and on agrochemical testing of agricultural soils (Fertilisers Act), as amended by Act No. 9 / 2009 Coll.
26) § 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.
27) 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.
28) For example, Act No. 114 / 1992 Coll., as amended, Decree No. 79 / 2007 Coll., on the conditions for implementing agri-environmental measures, as amended.
29) Paragraph 8 (1) (a) and (b) of Act No. 254 / 2001 Coll., on Water and on the amendment of certain laws (Water Act).
30) Decree of the Government 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. '
Annex 2 is renumbered Annex 3.
Čl. II
Transitional provision
The procedure for 2009 under Government Decree No. 245 / 2004 Coll. initiated before the date of entry into force of this Regulation shall be completed under Government Decree No. 245 / 2004 Coll., as effective from the date of entry into force of this Regulation.

ČÁST DRUHÁ

Amendment of the Government Regulation laying down certain conditions for granting separate sugar payment to sugar growers
Čl. III
Government Decree No. 45 / 2007 Coll., establishing certain conditions for granting separate sugar payment to beet growers, as amended by Government Decree No. 310 / 2007 Coll. and Government Decree No. 83 / 2009 Coll., is amended as follows:
1. In Paragraph 2 (1), the word "a 'shall be deleted at the end of point (b).
2. In Article 2, at the end of paragraph 1, the dot is replaced by "a 'and the following point (d) is added:
"(d) complies with the good agricultural and environmental conditions set out in the Annex to this Regulation."
3. In Article 2 (2), the words "sales of the enterprise (5a) 'are replaced by the words" transfer of the enterprise';
footnote 5a is deleted.
4. the following Section 4a is inserted after Section 4, including the title and footnote 8:
„§ 4a
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).
8) Article 14 (1) and (1a) of Commission Regulation (EC) No 796 / 2004, as amended. '
5. The following Annex is added, including footnotes 9 to 14:

"Annex to Government Decree No. 45 / 2007 Coll.
Conditions of good agricultural and environmental condition
(1) The applicant on the soil block, or part thereof with a type of agricultural culture of arable land the average gradient of which exceeds 7 °, shall ensure, after the crop has been harvested, the establishment of a subsequent crop or shall apply at least one of the following measures:
(a) the stubble of the harvested crop shall be left on the soil block or, where appropriate, part thereof until at least 30 November, unless this is contrary to point 2; or
(b) the land shall remain ploughed or, where appropriate, conditional for the purpose of seizing water until at least 30 November if the operation does not conflict with point 2.
2. The applicant on the area of the soil block, or part thereof, marked in the soil record as strongly erotically endangered shall ensure that maize, potatoes, beet, beet, soya and sunflower crops are not grown. Crops of cereals and oilseed rape on such a marked area shall be established using soil protection technologies, in particular mulch sowing or without oilseed sowing. In the case of cereals, the condition of soil protection technologies in the setting-up of crops need not be respected only if they are grown with the seed of clover.
3. The applicant shall ensure on an annual basis, for a minimum of 20% of the land block area used by the applicant, or parts thereof with a type of agricultural crop arable land related to the total area of this type of culture used by the applicant on 31 May of the relevant calendar year, that:
(a) applying solid manure or solid organic fertilisers at a minimum dose of 25 tonnes per hectare, with the exception of solid manure from poultry farming, where the minimum levy is set at 4 tonnes per hectare; the minimum levy is not fixed on the condition that the products retained in the growing of plant 9 (e.g. straw) under another legislation (10), or
(b) the coverage of this percentage of the area or, where appropriate, of the corresponding part by the date of at least 31 May to 31 July of the relevant calendar year, by the production of one of the following crops or mixtures thereof: clover, fillet, safflower, safflower, vetch, vetch, field bean, blue lupin, peas. Crops of the above crops may also be set as subsewn into a cover crop, or as mixtures with grasses, where the representation of grassland does not exceed 50%.
4. The applicant will not burn herbal residues on the soil block used by him or its parts.
5. The applicant shall not carry out agri-technical interventions on the soil block used by him or part of him if the land is flooded or oversaturated with water, except for the crop harvest itself and compliance with the condition of point 7.
6. The applicant shall not cancel or harm landscape elements and the type of agricultural culture of the pond. The interference or damage to the landscape element, if any, shall not be regarded as interference with it with the consent of the competent authority (11).
7. The applicant shall ensure, on the soil block used by him or his part, the regulation of non-glandular plants so that flowering or flowering plants of this species do not occur on him during the relevant calendar year. At the same time, they shall ensure the regulation of the galleries so that the height of the plants does not exceed 70 cm during the relevant calendar year.
8. The applicant shall not change the type of agricultural crop to arable land on the soil block used by him or, where appropriate, his part.
9. The applicant shall ensure that, after 31 October of the calendar year on the soil block or, where appropriate, its grassland culture part is not more than 30 cm, unless otherwise provided by other legislation12.
10. An applicant who uses irrigation and is at the same time the owner or operator of the irrigation system shall submit a valid permit for the handling of surface or groundwater in accordance with other legislation13 for this purpose.
11. The applicant shall maintain on the soil block used by him or, where appropriate, the part thereof adjacent to the surface water body a non-fertilised soil protection belt at least 3 m from the shore line, unless otherwise provided by other legislation14.
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. '
Čl. IV
Transitional provision
The procedure for 2009 under Government Decree No. 45 / 2007 Coll. initiated before the date of entry into force of this Regulation shall be completed under Government Decree No. 45 / 2007 Coll., as effective until the date of entry into force of this Regulation.

ČÁST TŘETÍ

Amendment of the Government Regulation laying down certain conditions for granting the single area payment of agricultural land and certain conditions for providing information on the processing of agricultural products originating in land put up for rest
Čl. V
Government Regulation 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 originating in the land put up for rest, as amended by Government Regulation No 83 / 2009 Coll., is amended as follows:
1. At the end of footnote 2, the sentence "Commission Regulation (EC) No 795 / 2004 of 21 April 2004 laying down detailed rules for the application of the single payment scheme 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, is added. '
2. In Article 3 (1) (c), "(5) 'is replaced by" listed in the Annex to this Regulation'.
3. in Article 4 (1) (d), "(5)" is replaced by "listed in the Annex to this Regulation."
4. In Article 4 (3), the words "pursuant to Article 5 'are replaced by the words" listed in the Annex to this Regulation'.
5. Article 5, including the title and footnote 11, shall be deleted.
6. Paragraph 6 (3), including footnote 14, reads as follows:
"(3) If the Fund finds that the applicant has not indicated all the area in the application referred to in Article 3 in accordance with the rules of the European Communities (14) 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% 14),
(b) more than 4% but less than or equal to 5% of the area indicated in the application, reduce the payment by 2% 14),
(c) more than 5% of the area declared in the application, reduced the payment by 3% 14).
14) Article 14 (1) and (1a) of Commission Regulation (EC) No 796 / 2004, as amended. '
7. The following Annex is added, including footnotes 24 to 29:

"Annex to Government Decree No 47 / 2007 Coll.
Conditions of good agricultural and environmental condition
(1) The applicant on the soil block, or part thereof with a type of agricultural culture of arable land the average gradient of which exceeds 7 °, shall ensure, after the crop has been harvested, the establishment of a subsequent crop or shall apply at least one of the following measures:
(a) the stubble of the harvested crop shall be left on the soil block or, where appropriate, part thereof until at least 30 November, unless this is contrary to point 2; or
(b) the land shall remain ploughed or, where appropriate, conditional for the purpose of seizing water until at least 30 November if the operation does not conflict with point 2.
2. The applicant on the area of the soil block, or part thereof, marked in the soil record as strongly erotically endangered shall ensure that maize, potatoes, beet, beet, soya and sunflower crops are not grown. Crops of cereals and oilseed rape on such a marked area shall be established using soil protection technologies, in particular mulch sowing or without oilseed sowing. In the case of cereals, the condition of soil protection technologies in the setting-up of crops need not be respected only if they are grown with the seed of clover.
3. The applicant shall ensure on an annual basis, for a minimum of 20% of the land block area used by the applicant, or parts thereof with a type of agricultural crop arable land related to the total area of this type of culture used by the applicant on 31 May of the relevant calendar year, that:
(a) applying solid manure or solid organic fertilisers at a minimum dose of 25 tonnes per hectare, with the exception of solid manure from poultry farming, where the minimum levy is set at 4 tonnes per hectare; no minimum levy is fixed on the condition that the products are kept in plant growing (24) (e.g. straw) under another legislation (25); or
(b) the coverage of this percentage of the area or, where appropriate, of the corresponding part by the date of at least 31 May to 31 July of the relevant calendar year, by the production of one of the following crops or mixtures thereof: clover, fillet, safflower, safflower, vetch, vetch, field bean, blue lupin, peas. Crops of the above crops may also be set as subsewn into a cover crop, or as mixtures with grasses, where the representation of grassland does not exceed 50%.
4. The applicant will not burn herbal residues on the soil block used by him or its parts.
5. The applicant shall not carry out agri-technical interventions on the soil block used by him or part of him if the land is flooded or oversaturated with water, except for the crop harvest itself and compliance with the condition of point 7.
6. The applicant shall not cancel or harm landscape elements and the type of agricultural culture of the pond. The interference or damage to the landscape element, if any, shall not be regarded as interference with it with the consent of the competent authority (26).
7. The applicant shall ensure, on the soil block used by him or his part, the regulation of non-glandular plants so that flowering or flowering plants of this species do not occur on him during the relevant calendar year. At the same time, they shall ensure the regulation of the galleries so that the height of the plants does not exceed 70 cm during the relevant calendar year.
8. The applicant shall not change the type of agricultural crop to arable land on the soil block used by him or, where appropriate, his part.
9. The applicant shall ensure that, after 31 October of the calendar year on the soil block or, where appropriate, the grassland part of the grassland culture is not more than 30 cm, unless otherwise provided by other legislation27.
10. An applicant who uses irrigation and is at the same time the owner or operator of the irrigation system shall submit a valid permit for the handling of surface or groundwater in accordance with other legislation28 for this purpose.
11. The applicant shall, on the soil block used by him or, where appropriate, his part adjacent to the surface water body, maintain a non-fertilised soil protection belt at least 3 m from the shore line, unless otherwise provided by other legislation29.
24) § 2 (h) of Act No. 156 / 1998 Coll., on fertilisers, soil aids, auxiliary plant products and substrates and on agrochemical testing of agricultural soils (Fertilisers Act), as amended by Act No. 9 / 2009 Coll.
25) § 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.
26) 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.
27) For example, Act No. 114 / 1992 Coll., as amended, Decree No. 79 / 2007 Coll., on the conditions for implementing agri-environment measures, as amended.
28) Paragraph 8 (1) (a) and (b) of Act No. 254 / 2001 Coll., on Water and on the amendment of certain laws (Water Act).
(29) 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. '
Čl. VI
Transitional provision
The procedure for 2009 under Government Decree No. 47 / 2007 Coll. initiated before the date of entry into force of this Regulation shall be completed under Government Decree No. 47 / 2007 Coll., as effective until the date of entry into force of this Regulation.

ČÁST ČTVRTÁ

Amendment of the Government Regulation on the conditions for granting payments for natural handicaps in mountain areas, areas with other handicaps and Natura 2000 areas on agricultural land
Čl. VII
Government Decree No. 75 / 2007 Coll., on the conditions for granting payments for natural handicaps in mountain areas, areas with other handicaps and in Natura 2000 areas on agricultural land, as amended by Government Decree No. 113 / 2008 Coll. and Government Decree No. 83 / 2009 Coll., are amended as follows:
1. In Article 9, the following paragraph 6 is added:
"(6) If the Fund finds that the applicant has not indicated all the area in the application referred to in Article 6 (4) in accordance with the rules of the European Community19) 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% 19);
(b) more than 4% but less than or equal to 5% of the area indicated in the application, reduced the payment by 2% 19),
(c) higher than 5% of the area declared in the application, reducing the payment by 3% 19).
19) Article 7 of Commission Regulation (EC) No 1975 / 2006, as amended. '
2. Annex 2, including footnotes 30 to 35, reads as follows:

"Annex No 2 to Government Regulation No 75 / 2007 Coll.
Conditions of good agricultural and environmental condition
(1) The applicant on the soil block, or part thereof with a type of agricultural culture of arable land the average gradient of which exceeds 7 °, shall ensure, after the crop has been harvested, the establishment of a subsequent crop or shall apply at least one of the following measures:
(a) the stubble of the harvested crop shall be left on the soil block or, where appropriate, part thereof until at least 30 November, unless this is contrary to point 2; or
(b) the land shall remain ploughed or, where appropriate, conditional for the purpose of seizing water until at least 30 November if the operation does not conflict with point 2.
2. The applicant on the area of the soil block, or part thereof, marked in the soil record as strongly erotically endangered shall ensure that maize, potatoes, beet, beet, soya and sunflower crops are not grown. Crops of cereals and oilseed rape on such a marked area shall be established using soil protection technologies, in particular mulch sowing or without oilseed sowing. In the case of cereals, the condition of soil protection technologies in the setting-up of crops need not be respected only if they are grown with the seed of clover.
3. The applicant shall ensure on an annual basis, for a minimum of 20% of the land block area used by the applicant, or parts thereof with a type of agricultural crop arable land related to the total area of this type of culture used by the applicant on 31 May of the relevant calendar year, that:
(a) applying solid manure or solid organic fertilisers at a minimum dose of 25 tonnes per hectare, with the exception of solid manure from poultry farming, where the minimum levy is set at 4 tonnes per hectare; no minimum levy is fixed on the condition that the products retained in growing plants (30) (e.g. straw) under other legislation31; or
(b) the coverage of this percentage of the area or, where appropriate, of the corresponding part by the date of at least 31 May to 31 July of the relevant calendar year, by the production of one of the following crops or mixtures thereof: clover, fillet, safflower, safflower, vetch, vetch, field bean, blue lupin, peas. Crops of the above crops may also be set as subsewn into a cover crop, or as mixtures with grasses, where the representation of grassland does not exceed 50%.
4. The applicant will not burn herbal residues on the soil block used by him or its parts.
5. The applicant shall not carry out agri-technical interventions on the soil block used by him or part of him if the land is flooded or oversaturated with water, except for the crop harvest itself and compliance with the condition of point 7.
6. The applicant shall not cancel or harm landscape elements and the type of agricultural culture of the pond. The interference or damage to the landscape element, if any, shall not be regarded as interference with it with the consent of the competent authority32).
7. The applicant shall ensure, on the soil block used by him or his part, the regulation of non-glandular plants so that flowering or flowering plants of this species do not occur on him during the relevant calendar year. At the same time, they shall ensure the regulation of the galleries so that the height of the plants does not exceed 70 cm during the relevant calendar year.
8. The applicant shall not change the type of agricultural crop to arable land on the soil block used by him or, where appropriate, his part.
9. The applicant shall ensure that, after 31 October of the calendar year on the soil block or, where appropriate, its grassland part is not more than 30 cm, unless otherwise provided for by other legislature33.
10. An applicant who makes use of irrigation and is also the owner or operator of the irrigation system shall submit a valid permit for the treatment of surface or groundwater in accordance with other legislation34 for this purpose.
11. The applicant shall, on the soil block used by him or, where appropriate, the part thereof adjacent to the surface water body, maintain a non-fertilised soil protection belt at least 3 m from the shore line, unless otherwise provided by other legislation35.
30) § 2 (h) of Act No. 156 / 1998 Coll., on fertilisers, soil aids, auxiliary plant products and substrates and on agrochemical testing of agricultural soils (Fertilisers Act), as amended by Act No. 9 / 2009 Coll.
31) Article 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.
32) For example, Article 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.
33) For example, Act No. 114 / 1992 Coll., as amended, Decree No. 79 / 2007 Coll., on the conditions for implementing agri-environment measures, as amended.
34) Paragraph 8 (1) (a) and (b) of Act No. 254 / 2001 Coll., on Water and on the amendment of certain laws (Water Act).
35) 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. '
Čl. VIII
Transitional provision
The procedure for 2009 under Government Decree No. 75 / 2007 Coll. initiated before the date of entry into force of this Regulation shall be completed under Government Decree No. 75 / 2007 Coll., as effective until the date of entry into force of this Regulation.

ČÁST PÁTÁ

Amendment of the Government Regulation on the conditions for the implementation of agri-environmental measures
Čl. IX
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., Government Regulation No. 45 / 2009 Coll. and Government Regulation No. 83 / 2009 Coll., are amended as follows:
1. In Section 14, paragraph 4 is added, including footnote 36a:
"(4) If the Fund finds that the applicant did not indicate all the area in the application for grant pursuant to Article 4 (1) in accordance with the rules of the European Community36a) and the difference between the total area in the application for grant and the total total area in the application for grant and the non-declared application for grant is:
(a) higher than 3% but less than or equal to 4% of the area declared in the application for subsidy, reduce the payment by 1% 36a);
(b) higher than 4% but less than or equal to 5% of the area declared in the application for subsidy, reduce the payment by 2% 36a);
(c) more than 5% of the area declared in the application, reduced the payment by 3% 36a).
36a) Article 7 of Commission Regulation (EC) No 1975 / 2006, as amended. '
2. Annex 2, including footnotes 38 to 43, reads as follows:

"Annex No 2 to Government Regulation No 79 / 2007 Coll.
Conditions of good agricultural and environmental condition
(1) The applicant on the soil block, or part thereof with a type of agricultural culture of arable land the average gradient of which exceeds 7 °, shall ensure, after the crop has been harvested, the establishment of a subsequent crop or shall apply at least one of the following measures:
(a) the stubble of the harvested crop shall be left on the soil block or, where appropriate, part thereof until at least 30 November, unless this is contrary to point 2; or
(b) the land shall remain ploughed or, where appropriate, conditional for the purpose of seizing water until at least 30 November if the operation does not conflict with point 2.

Sign in for notes, favorites and notifications

Rating:

Comments 0

To write comments, please sign in.

Regulation Information

CitationGovernment Regulation No 480 / 2009 Coll., amending certain regulations of the Government in the context of the adoption of a Government regulation on the determination of the consequences of a breach of cross compliance of the granting of certain aid
Regulation TypeRegulation
Author-
CollectionCode of Laws
Date of Promulgation31.12.2009
Effective from01.01.2010
Effective until-
Status Valid
The regulation text is for informational purposes only.
Favorites
Browsing History