What is Government Decree No. 69 / 2023 Coll.?

Government Decree No. 69 / 2023 Coll., laying down the conditions for implementing measures in the wine sector — Government regulation on the conditions for implementing measures in the wine sector.

When it became Government Decree No. 69 / 2023 Coll. effectiveness?

Government Decree No. 69 / 2023 Coll. became effective 01.06.2023.

Is Government Decree No. 69 / 2023 Coll. still valid?

Yes, Government Decree No. 69 / 2023 Coll. is still valid and effective.

Government Decree No. 69 / 2023 Coll. - Government regulation on the conditions...

69

GOVERNMENT REGULATION

of 8 March 2023

laying down the conditions for implementing measures in the wine sector

The Government orders pursuant to § 2c (5) of Act No. 252 / 1997 Coll., on Agriculture, as amended by Act No. 85 / 2004 Coll., Act No. 291 / 2009 Coll., Act No. 179 / 2014 Coll. and Act No. 382 / 2022 Coll., and § 1 (3) of Act No. 256 / 2000 Coll., on the State Agricultural Intervention Fund and on the amendment of certain other laws (Act No. 441 / 2005 Coll., Act No. 291 / 2009 Coll. and Act No. 179 / 2014 Coll.:

§ 1

Subject matter

(1) This Regulation, following the provisions directly applicable to the European Union1) and in accordance with the European Union's Strategic Plan for the Common Agricultural Policy in the Czech Republic, regulates the conditions for implementing measures in the wine sector.

(2) For the purposes of this Regulation:

(a) the start of the implementation of measures to start a new planting or plant or to carry out an investment; in the case where the applicant simultaneously applies for aid to the grubbing-up of the vineyard, the start of implementation of the grubbing-up measures for that vineyard,

(b) new planting on the whole area of the part of the soil block on which vine bushes are not found before planting;

(c) the inclusion of whole rows in the division between existing vineyards, without grubbing up existing vines,

(d) grubbing up only the above-ground part of the vine bush; and

(e) grubbing up the complete removal of all vine bushes found on the vineyard area, both underground and above.

§ 2

Request for aid for restructuring and conversion measures

(1) The application for the grant of aid for restructuring and conversion measures for vineyards (hereinafter referred to as "the application") under the directly applicable European Union2 Regulation shall be submitted by the applicant, who is a grower of m3) of vines based in the Czech Republic, to the State Agricultural Intervention Fund (hereinafter referred to as "the Fund") on the form issued by him.

(2) The subsidy shall be granted for the following sub-measures:

(a) a change in the variety composition of the vineyard;

(b) modification of the type of supporting structure;

(c) a technique to improve the management of vineyards.

(3) The Fund shall assess the content of the application separately in relation to each individual sub-measure.

(4) The subsidy cannot be granted in a vineyard which:

(a) consists of several parts of soil blocks;

(b) it is not intended for commercial production of wine products; or

(c) were discontinued

1. for experimental purposes,

2. for the collection of vine varieties intended for the conservation of genetic resources; or

3. for the purpose of producing grafts or rootstocks.

(5) Where the applicant makes use of the re-planting permit granted before the application is submitted, he shall submit an application to the Fund before the implementation of the measures.

(6) After an inspection carried out by the Fund, the application does not allow the addition of a part of a soil block or a change of a part of a soil block,

(a) from which re-planting permits will be used after grubbing up the vineyard; or

(b) where a new vineyard will be planted.

(7) The amendment of the data on re-planting authorisations referred to in the application referred to in Article 4 (4) (a) or Article 6 (4) (a) may be made by the applicant at the latest with the notification of the implementation of the measure referred to in Article 3 (8).

§ 3

Conditions for granting aid to restructuring and conversion measures

(1) The Fund shall grant a sub-subsidy under Article 2 (2) where:

(a) the part of the soil block on which the sub-measure is carried out shall be registered in the land use register according to the user relations (hereinafter referred to as "the register") per applicant, at the latest on the day of the application;

(b) the part of the soil block on which the vineyard is to be grubbed up shall be recorded in the register of the applicant as a vineyard in accordance with the vineyard register (4), at the latest on the day of the application; and

(c) the part of the soil block on which the sub-measure is carried out shall be recorded in the register of the applicant as a vineyard in accordance with the register of vinic4) at the latest on the date of the notification of the implementation of the measure referred to in paragraph 8.

(2) Compliance shall be assessed for one part of the soil block corresponding to one vineyard registered in the vineyard register.

(3) Submeasure applicant

(a) in accordance with Article 2 (2) (a), may only use replanting permits (5) registered in the vineyard register and granted on the basis of grubbing-up of the vineyard carried out after the Fund has been checked;

(b) in accordance with Article 2 (2) (b), may use only the replanting permit (5) registered in the vineyard register and granted on the basis of grubbing-up of the vineyard carried out following an inspection by the Fund, or

(c) in accordance with Article 2 (2) (c), only the replanting permit may be used (5), registered in the vineyard register and granted on the basis of grubbing-up of the vineyard carried out after the control of the Fund, which has verified the number of vines.

(4) The applicant must not commence the implementation of the sub-measure referred to in Article 2 (2) or grubbing up of the vineyard before the control carried out by the Fund; This shall not apply if the check has not been carried out by the Fund within 4 months of the date of application.

(5) If the applicant makes use of the re-planting permit granted before the application pursuant to Article 2 (5), the applicant shall not commence the implementation of the sub-measure referred to in Article 2 (2) (a) or (c) before 4 months after the application has been submitted to the Fund or before the control carried out by the Fund on the parts of the land blocks on which the new vineyard will be planted.

(6) Only the whole part of the soil block may be grubbed by the applicant.

(7) The sub-measure provided for in Article 2 (2) cannot be combined. For the sub-measure referred to in Article 2 (2) (c), new planting and the holding of vineyards may not be combined on one part of the soil block.

(8) The applicant shall notify the Fund, on 31 May of the fourth calendar year following the calendar year in which the application was submitted, of the implementation of the measures on all parts of the soil blocks referred to in the application. For each application, the applicant shall submit only one notification of the implementation of the measure.

(9) The notification of the implementation of the measure referred to in paragraph 8 shall be made by the applicant by 31 May 2027 at the latest.

§ 4

Change in the variety composition of the vineyard

(1) The grant granted to cover the change in the variety composition of the vineyard shall be paid for the whole of the soil block (6), provided that:

(a) the restructured part of the vineyard from which the re-planting permit was granted has more than 50% of vines over 10 years of age at the time of grubbing-up;

(b) the area planted or the sum of the area so restructured shall not fall below 0,2 hectares;

(c) the new vineyard is planted with a variety other than that from which the replanting permit originates; and

(d) planting shall be carried out by wine grape variety (7) registered in the Czech Republic or in another Member State of the European Union at a number of shrubs of at least 4 000 pieces per ha planted area of the vineyard.

(2) The applicant shall indicate in the application referred to in Article 2 (1):

(a) the number of the part of the soil block from which the re-planting permit will be used as requested after grubbing up the vineyard;

(b) the area planted with the grubbed-up vineyard registered in the register;

(c) the list of varieties to be grubbed up;

(d) the way in which the grubbed-up vineyard is grown;

(e) the number of the part of the soil block on which the new vineyard will be planted; and

(f) the area planted in the vineyard after the planting of the new vineyard.

(3) Where the applicant places a new vineyard on a part of the soil block other than the grubbed-up part referred to in paragraph 2 (a) and that part of the soil block is registered as a vineyard on the date on which the application is submitted, the applicant shall indicate in the application the area planted with the area registered in the register, the varieties grown and the cultivation method.

(4) The applicant shall indicate in the application referred to in Article 2 (5):

(a) the authorisation number for replanting from vineyards checked by the Fund prior to grubbing-up;

(b) the number of the part of the soil block on which the new vineyard will be planted; and

(c) the area planted on the vineyard after the planting of the new vineyard.

(5) Where the applicant places a new vineyard on the part of the soil block referred to in paragraph 4 (b), which is registered as a vineyard on the date on which the application is submitted, the applicant shall indicate in the application the area planted, the variety grown and the method of cultivation.

(6) Where the applicant makes use of the re-planting permit referred to in Article 2 (5) in combination with grubbing-up of the vineyard as requested, he shall indicate in the application the information referred to in paragraphs 2 to 5.

(7) In the notification of the sub-measure, the applicant shall indicate for the part of the soil block referred to in paragraph 2 (e) or paragraph 4 (b):

(a) the area planted with the newly planted vineyard;

(b) the varietal composition of the newly planted vineyard;

(c) the method of growing the newly planted vineyard; and

(d) the number of vines per ha of planted area.

§ 5

Change of type of supporting structure

(1) The subsidy granted for the purposes of the modification of the type of supporting structure is paid for the whole of the soil block (6), provided that:

(a) the restructured vineyard, or part thereof, from which the re-planting permit is granted, has more than 50% of vine shrubs over 10 years of age at the time of grubbing-up and at least 50% of the border columns of each line are concrete or plastic;

(b) the area planted or the sum of the area so restructured shall not fall below 0,2 hectares;

(c) the restructured vineyard shall be equipped with a supporting structure at the latest on the date on which the notification of implementation is submitted, which allows for a mechanized harvest, with all the regional columns of each row being made of material other than concrete or plastic and the row columns being made of material other than concrete and having a maximum height of 1,8 m and a maximum distance between them being 8 m; and

(d) planting shall be carried out by wine grape variety (7) registered in the Czech Republic or in another Member State of the European Union at a number of shrubs of at least 4 000 pieces per ha planted area of the vineyard.

(2) The applicant shall indicate in the application referred to in Article 2 (1):

(a) the number of the part of the soil block from which the re-planting permit will be used as requested after grubbing up the vineyard;

(b) the area planted with the grubbed-up vineyard registered in the register;

(c) the list of varieties to be grubbed up;

(d) the way in which the grubbed-up vineyard is grown;

(e) the number of the part of the soil block on which the new vineyard will be planted; and

(f) the area planted in the vineyard after the planting of the new vineyard.

(3) Where the part of the soil block referred to in paragraph 2 (e) is registered as a vineyard on the date on which the application is submitted, the applicant shall indicate in the application the area planted, the variety grown and the cultivation method.

(4) In the notification of the implementation of the sub-measure, the applicant shall indicate the part of the soil block referred to in paragraph 2 (e):

(a) the area planted with the newly planted vineyard;

(b) the varietal composition of the newly planted vineyard;

(c) the method of growing the newly planted vineyard; and

(d) the number of vines per ha of planted area.

§ 6

Technique improving the management of vineyards

(1) The subsidy granted for the sub-measure of the vineyard management technique is paid for the whole of the soil block (6) if:

(a) in the case of new plantings, the restructured vineyard from which the re-planting permit was granted has more than 50% of vine bushes over 10 years of age at the time of grubbing-up; in the case of the establishment, the restructured vineyard has more than 50% of vine shrubs over 10 years of age for the year of application;

(b) the area planted or the sum of the area so restructured shall not fall below 0,2 hectares;

(c) planting or disposal shall be carried out by a wine grape variety (7) registered in the Czech Republic or in another Member State of the European Union at a number of shrubs of at least 4,273 head per hectare of planted area of the vineyard; and

(d) by planting or planting, the number of shrubs per hectare of planted area shall be increased by at least 1 000 head above the original number of shrubs per hectare of vineyard area; planting or disposal shall be carried out by planting or placing whole whole whole whole whole rows in the intermediate line of the whole length of the restructured vineyard.

(2) The applicant shall indicate in the application referred to in Article 2 (1):

(a) the number of the part of the soil block from which the re-planting permit will be used as requested after grubbing up the vineyard;

(b) the area planted with the grubbed-up vineyard registered in the register;

(c) the list of varieties to be grubbed up;

(d) the way in which the grubbed-up vineyard is grown;

(e) the number of the part of the soil block on which a new vineyard will be planted or planted;

(f) the area of the total planted area of the vineyard after the planting or setting of the vineyard; and

(g) an indication of whether the plant or plant is concerned.

(3) Where the applicant places a new vineyard on a grubbed-up part of the soil block referred to in paragraph 2 (a) and that part of the soil block is registered as a vineyard on the date on which the application is submitted, the applicant shall indicate in the application the area planted, the variety grown and the cultivation method.

(4) The applicant shall indicate in the application referred to in Article 2 (5):

(a) the authorisation number for replanting from vineyards checked by the Fund prior to grubbing-up;

(b) the number of the part of the soil block on which the new vineyard will be planted; and

(c) the area planted on the vineyard after the planting of the new vineyard.

(5) Where the applicant places a new vineyard on the part of the soil block referred to in paragraph 4 (b), which is registered as a vineyard on the date on which the application is submitted, the applicant shall indicate in the application the area planted, the variety grown and the cultivation method.

(6) Where the applicant makes use of the re-planting permit referred to in Article 2 (5) in combination with grubbing-up of the vineyard as requested, he shall indicate in the application the information referred to in paragraphs 2 to 5.

(7) In the notification of the implementation of the sub-measure, the applicant shall indicate for the part of the soil block referred to in paragraph 2 (e):

(a) the area of the total planted area of the newly planted vineyard or planted vineyard;

(b) the varietal composition of the newly planted vineyard or the varietal composition of the planted bushes on the vineyard;

(c) the method of cultivation of the newly planted or planted vineyard; and

(d) the number of vines per hectare of planted area after planting or planting of the vineyard.

§ 7

Investments

(1) An application for an investment grant under the directly applicable European Union8) may be submitted by the applicant who is a producer (9) based in the Czech Republic registered in the vineyard register no later than the day on which the application for a grant is submitted to the Fund on the form issued by him by 31 August of the calendar year. The applicant may not be a manufacturer who merely has the product processed for the purpose of putting it into circulation.

(2) The subsidy is granted for the following new investments:

(a) a wooden barrel or a closed wooden container for the production of wine of at least 600 litres;

(b) a special fermentation vessel with active dipping of the marc hat,

(c) a wine filter; or

(d) the grape press.

(3) The applicant shall indicate in the application referred to in paragraph 1:

(a) a description of the equipment acquired pursuant to paragraph 2 and an indication of its contribution to improving the performance of the enterprise (10);

(b) in the case of replacement, a description of the original equipment, including technical parameters;

(c) in the case of replacement, the place where the original installation is located;

(d) the location of the equipment for which the subsidy is requested; and

(e) an indication of whether the investment will be made through credit.

(4) The application referred to in paragraph 1 shall include a declaration of the size of the undertaking on the form issued by it, unless the Fund has an up-to-date declaration of the enterprise size (11) from the applicant.

(5) The applicant shall make the investment at the earliest after the application referred to in paragraph 1 and supply the Fund with proof of payment by 31 January of the calendar year following the application.

(6) If the applicant enters into a credit agreement to finance the investment, the investment must be owned by the applicant from the time it is acquired. The application shall be accompanied by credit agreements including annexes.

(7) The replacement of the original installation may only be started after the verification of the status of the original installation has been carried out.

(8) The Fund shall assess the individual investments covered by the application referred to in paragraph 1 separately.

(9) The applicant shall submit the application referred to in paragraph 1 to the Fund by 31 August 2026 at the latest.

§ 8

Amount of subsidy

(1) Subsidy for restructuring and conversion of vineyards under the directly applicable European Union Regulation in less developed regions12)

(a) the change in the variety composition of the vineyard shall be:

1. CZK 415 000 per ha planted area of the vineyard in case the number of vines exceeds or is equal to 4,000 pieces per ha planted area of the vineyard,

2. 470 000 CZK per ha planted area of the vineyard in case the number of vines exceeds 5 000 pieces per ha planted area of the vineyard, or

3. CZK 525 000 per ha planted area of the vineyard in case the number of vines exceeds 6,000 head per ha planted area of the vineyard,

(b) the modification of the type of supporting structure shall be:

1. CZK 415 000 per ha planted area of the vineyard in case the number of vines exceeds or is equal to 4,000 pieces per ha planted area of the vineyard,

2. 470 000 CZK per ha planted area of the vineyard in case the number of vines exceeds 5 000 pieces per ha planted area of the vineyard, or

3. CZK 525 000 per ha planted area of the vineyard in case the number of vines exceeds 6,000 head per ha planted area of the vineyard,

(c) the technique to improve the management of vineyards by planting shall be:

1. CZK 440 000 per ha planted area of the vineyard in case the number of vines exceeds or is equal to 4,273 head per ha planted area of the vineyard,

2. 500 000 CZK per ha planted area of the vineyard in case the number of vines exceeds 5,500 head per ha planted area of the vineyard, or

3. CZK 550 000 per ha planted area of the vineyard in case the number of vines exceeds 6,500 head per ha planted area of the vineyard,

(d) the technique to improve the management of vineyards is

1. 180 000 CZK per ha planted area of the vineyard in the event that the number of grapevine shrubs reached exceeds or is equal to 1 000 pieces per ha planted area of the vineyard,

2. CZK 220 000 per ha planted area of the vineyard in case the number of grapevine shrubs reached exceeds 2 000 pieces per ha planted area of the vineyard,

3. CZK 250,000 per ha planted area of the vineyard in case the number of grapevine shrubs reached exceeds 3 000 pieces per ha planted area of the vineyard, or

4. 280 000 CZK per ha planted area of the vineyard in case the number of grapevine shrubs reached exceeds 4 000 pieces per ha planted area of the vineyard.

(2) If the applicant has grubbed up the vineyard and has used the re-planting permit for the new restructured vineyard pursuant to § 4, 5 or 6, the rate referred to in paragraph 1 shall be increased by CZK 140,000 per hectare of planted area of the vineyard to compensate for the loss of income.

(3) If the applicant has submitted an application pursuant to Article 2 (2) and has used the replanting permit (6) granted prior to the application, the rate increased in accordance with paragraph 2 shall not be the same.

(4) The sub-rates referred to in paragraph 1 (a) to (d) cannot be added together.

(5) A subsidy of 50% of the actual costs of restructuring and conversion of vineyards under the directly applicable European Union Regulation in non-less developed regions12 shall be set at two thirds of the subsidy referred to in paragraph 1.

(6) The subsidies for investments referred to in § 7 shall not exceed 50% of the eligible investment costs, but shall not exceed CZK 2 million for each investment referred to in § 7 (2), but not exceed CZK 2 million for the directly applicable regulation of the European Union in the less developed regionn12) or 40% for each investment referred to in § 7 (2), not exceeding CZK 2 million for the directly applicable regulation of the European Union in other than less developed regionn12).

(7) The Fund shall decide on the reduction of the subsidy calculated in accordance with paragraph 6 if the sum of all claims from applications referred to in paragraph 7 for a given financial year (13) exceeds the appropriations allocated to the budget of the European Union.

(8) If, following the payment of the subsidy provided for in Article 7, outstanding funds are available, the Fund shall make a proportional supplement to applicants paid by subsidies up to the eligible amount of the subsidy referred to in paragraph 6.

(9) If the sum of all claims from applications for restructuring and conversion of vineyards for the financial year 2027 exceeds the amount of the appropriations allocated to the budget of the European Union, the Fund shall decide on a reduction of the restructuring and conversion subsidy for the financial year 2027 for the subsequent period of the common agricultural policy of the European Union. If outstanding funds are available after payment of the subsidy pursuant to § 4, 5 or 6, the Fund shall make a proportional supplement to applicants paid by subsidies up to the eligible amount.

§ 9

Payment of subsidies

(1) Subsidies granted under Article 4, 5 or 6 shall be paid during the financial year until the funds provided from the European Union are available. Once the appropriations allocated for the financial year have been exhausted, the grants granted shall be paid in the following financial year.

(2) Subsidies based on requests pursuant to Article 7 which have not been definitively decided by the Fund by 30 September of the financial year will be paid out of the funds allocated to the Czech Republic for the following financial period.

§ 10

Conditions for maintaining the aid for investment measures

The investment must be owned and used by the applicant for at least 5 years from the date of acquisition of the investment14).

§ 11

Reduction of subsidy

(1) If the beneficiary finances the acquisition of the investment by credit pursuant to § 7, but does not state this in the application under § 7 (3) (e), the Fund will reduce the grant under § 7 by 1%.

(2) If the applicant fails to comply with the condition laid down in § 7 of the condition under § 10 throughout the period laid down, the Fund shall reduce the subsidy under § 7 by an amount corresponding to the period during which the condition under § 10 was not met.

(3) The Fund will not grant a subsidy for the relevant part of the land block if it finds a breach of the condition laid down in Article 3 (4) not to start grubbing-up of the vineyard before 4 months after the application has been submitted to the Fund or before the control carried out by the Fund.

(4) The Fund will not grant a subsidy to the relevant part of the part of the soil block if it finds, for the vineyard from which the replanting permit was used, that the condition laid down in Article 3 (6) is not fulfilled.

(5) If the Fund finds a breach of the condition provided for in Articles 3 (3) (a), 3 (b) or 3 (c), 4 (1) (a) or 4 (1) (c), 5 (1) (a) or 6 (1) (a) for one of the replanting permits, it will grant the applicant a subsidy for that part of the part of the soil block for which the condition has been met.

(6) The Fund will not grant a subsidy for the relevant part of the part of the soil block if the applicant uses a replanting permit other than that indicated in the application under Articles 4 (2) (a), 5 (2) (a) or 6 (2) (a) for planting the new vineyard.

(7) If the applicant does not submit pursuant to § 3 (8) The Fund shall notify the applicant of the implementation of the measures on all parts of the soil blocks referred to in the application, and shall provide the Fund with a subsidy, subject to the conditions laid down in the notification of implementation.

(8) The Fund will grant an area subsidy established after the implementation of the measures following checks. If the difference between the area declared in the application and the area determined after the implementation of the measure is more than 50%, the Fund shall not grant a subsidy to the measure.

§ 12

Non-grant

(1) The Fund shall not grant the sub-measure referred to in Article 2 (2) if it finds that the applicant has failed to comply with the condition laid down in Articles 4 (1) (b), 5 (1) (b) or 6 (1) (b) in the measure.

(2) The Fund will not grant a subsidy to the relevant part of the soil block if it finds that the applicant has failed to comply with the condition laid down in Articles 2 (4), 3 (1) (a), (b) or (c), 3 (4), (5), 4 (1) (d), 5 (1) (c) or 6 (1) (c) or (d).

(3) The Fund will not grant the subsidy if it finds that the applicant has failed to comply with the condition laid down in § 2 (1), § 3 (9) or § 7 (1), (4), (5) or (7).

(4) The Fund shall not grant a grant for the investment in question if it finds that the applicant has not complied with the condition laid down in Article 7 (5) or (6).

Citation	Government Decree No. 69 / 2023 Coll., laying down the conditions for implementing measures in the wine sector
Regulation Type	-
Author	-
Collection	Code of Laws

Date of Promulgation	17.03.2023
Effective from	01.06.2023
Effective until	-
Status	Valid

Government Decree No. 69 / 2023 Coll.

Government regulation on the conditions for implementing measures in the wine sector

Contents

§ 1

§ 2

§ 3

§ 4

§ 5

§ 6

§ 7

§ 8

§ 9

§ 10

§ 11

§ 12

§ 13

Contents

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