Government Decree No. 82 / 2009 Coll.
Government Regulation amending Government Regulation No. 245 / 2004 Coll., on the establishment of closer conditions for the implementation of measures of the common organisation of the market in wine, as amended
Valid
Regulation
Effective from 01.04.2009
Text versions:
01.04.2009
30.03.2009
82
GOVERNMENT REGULATION
of 23 March 2009
amending Government Regulation No 245 / 2004 Coll., laying down closer conditions for the implementation of measures of the common organisation of the market in wine, as amended
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.:
Government Regulation No. 245 / 2004 Coll., on the establishment of closer conditions for the implementation of measures of the common organisation of the market in wine, as amended by Government Regulation No. 83 / 2006 Coll., Government Regulation No. 33 / 2007 Coll. and Government Regulation No. 320 / 2008 Coll., are amended as follows:
1. The following is added at the end of footnote 1:
"Commission Regulation (EC) No 796 / 2004 of 21 April 2004 laying down detailed rules for the implementation of cross-compliance, modulation and an 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.
Council Regulation (EC) No 73 / 2009 of 19 January 2009 establishing common rules for direct support schemes under the common agricultural policy and establishing certain support schemes for farmers and amending Regulations (EC) No 1290 / 2005, (EC) No 247 / 2006, (EC) No 378 / 2007 and repealing Regulation (EC) No 1782 / 2003. '
2. In Article 2 (3), "in the Annex to this Regulation 'is replaced by" in Annex 1 to this Regulation'.
3. The following Section 5 to 8e is inserted after Section 4, including the headings and footnotes No 15 to 24:
Restructuring and conversion of vineyards
(1) An application for aid for restructuring and conversion of vineyards under the rules of the European Communities (1) shall be submitted by the grower of the Fund on a form issued by him.
(2) Aid may be granted for the following measures:
(a) a change in the variety composition of the vineyard;
(b) the movement of the vineyard to the slope;
(c) reducing the production of vines on one vine bush while maintaining production potential by increasing the number of vines;
(d) protection against damage to vine bushes caused by game; or
(e) protection against damage to vine bushes caused by birds.
(3) The application shall be submitted only for measures completed 12 months before the date of the application.
(4) The soil block or part thereof must be registered in the register of the use of agricultural land according to the user relations of the applicant as a vineyard in accordance with the register of vinic15).
(5) The applicant must comply with the conditions set out in Section 3 (2).
(6) The application shall be submitted to the Fund no later than:
(a) 28 February of the current calendar year as regards the measure referred to in paragraph 2 (e);
(b) 30 April of the current calendar year as regards the measure referred to in paragraph 2 (a) to (d).
(7) Aid for the restocking and conversion of vineyards may be granted to an applicant who, in the three marketing years preceding the application, has lodged a harvest declaration or a production declaration and a stock declaration under the wine-growing and wine-growing Act (16), provided that he was legally obliged to do so.
(8) The Fund shall evaluate individual applications in accordance with § 6 to 8b separately by individual soil blocks or parts thereof.
Change in the variety composition of the vineyard
(1) Aid for measures to modify the varietal composition of the vineyard is paid for the whole of the soil block or part 17 thereof), provided that:
(a) the restructuring part of the vineyard has at least 50% of the 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 ha in the marketing year concerned;
(c) the new vineyard is planted with a variety other than a variety on the restructured part of the vineyard;
(d) planting shall be carried out by a variety recognised in the Czech Republic or in another Member State of the European Communities at a number of shrubs of at least 3 000 pieces per hectare; in the case of the movement of vineyards to a slope of at least 2 500 pieces per hectare.
(2) The grower shall indicate in the application:
(a) the registration number of the vineyard from which the replanting rights originate;
(b) the number of the soil block or part thereof with the vineyard culture on which the new vineyard has been planted;
(c) the area of the newly planted vineyard;
(d) the varietal composition of the newly planted vineyard;
(e) the date of completion of the change in the variety composition of the vineyard.
Move the vineyard to the slope
(1) Aid for measures to move the vineyard to a slope shall be paid for the whole of the soil block or part 17 thereof, provided that:
(a) the restructured part of the vineyard has at least 50% of the vine bushes over 5 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 ha in the marketing year concerned;
(c) the new vineyard has an average gravity greater than or equal to 12,5 degrees;
(d) planting shall be carried out by a variety recognised in the Czech Republic or in another Member State of the European Communities at a number of shrubs of at least 2 500 pieces per ha;
(e) planting shall not be carried out on the same soil block or part thereof from which replanting rights come.
(2) The grower shall indicate in the application:
(a) the number of the soil block or part thereof and the registration number of the vineyard from which the replanting rights come;
(b) the number of the soil block or part thereof with the vineyard culture to which the new vineyard has been moved;
(c) the area of the newly planted vineyard moved;
(d) the varietal composition of the newly planted vineyard,
(e) the date of completion of the movement of the vineyard to the slope.
Reduction of wine production on one vine bush while maintaining production potential by increasing the number of vines
(1) Aid for measures to reduce the production of vines on a single vine bush while maintaining the production potential by increasing the number of vines per ha shall be paid for the whole of the soil block or its part 17), provided that:
(a) the restructuring part of the vineyard has at least 50% of the 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 ha in the marketing year concerned;
(c) the increase in the number of shrubs shall be at least 1 000 pieces of shrubs per ha above the original number of shrubs per ha;
(d) the increase in the number of shrubs shall be carried out by a variety recognised in the Czech Republic or in another Member State of the European Communities at least 3 000 pieces per ha.
(2) The grower shall indicate in the application:
(a) the registration number of the vineyard from which the replanting rights originate;
(b) the number of the soil block or part thereof with the vineyard culture on which the newly planted or established vineyard is situated;
(c) whether it is a new planting or an establishment;
(d) the area of the newly planted or planted vineyard;
(e) the varietal composition of the newly planted shrubs,
(f) the date of completion of the reduction in the production of vines on one vine bush while maintaining production potential by increasing the number of vines.
Protection of vines against animal damage
(1) Aid for measures to protect vines against damage caused by game shall be paid for the whole of the soil block or part 17 thereof), provided that:
(a) the area planted or the sum of the area so restructured shall not fall below 0,2 ha in the marketing year concerned;
(b) the measures:
1. collective protection shall be carried out by fencing of the vineyard, the fenced vineyard being considered to be the vineyard, the fencing of which shall prevent the passage of the game into the vineyard; or
2. individual protection shall be carried out by protecting individual shrubs at a number of shrubs of at least 1 000 pieces per ha; individual protection is not understood as the use of chemical spraying to protect vine shrubs against the bite of animals.
(2) Aid for this measure is granted on individual soil blocks or parts thereof every 5 years.
(3) The grower shall indicate in the application:
(a) the number of the soil block or part thereof with the vineyard culture on which the protected vineyard is situated;
(b) the area of the protected vineyard;
(c) the selected measure referred to in paragraph 1 (b);
(d) the date of completion of the protection of vine shrubs against animal damage.
Protection of vine shrubs against damage caused by birds
(1) Aid for measures to protect vine bushes against damage caused by birds is paid for the whole of the soil block or part 17 thereof), provided that:
(a) the area planted or the sum of the area so restructured shall not fall below 0,2 ha in the marketing year concerned;
(b) the measures:
1. passive protection shall be carried out by means of devices or, where appropriate, devices which repel birds on the principle of mechanical, optical or acoustic, which do not cause the suffering of birds, in a quantity of at least 1 head for each 5 ha of protected vineyard, or
2. Active protection shall be carried out by repelling birds with the presence of a natural person, at least 300 hours in the relevant marketing year for one grower;
(c) aid for passive protection on individual soil blocks or parts thereof shall be granted once every 3 years;
(d) aid for active and passive protection shall be granted for vineyards over 3 years of age for the year of application;
(e) in the case of active protection, the applicant shall, on request of the Fund, provide evidence demonstrating the extent of the active protection carried out, showing the designation of the protected soil block or part thereof, the way in which the active protection is carried out and the identification of the person performing the active protection.
(2) The grower shall indicate in the application:
(a) the number of the soil block or part thereof with the vineyard culture on which the protected vineyard is situated;
(b) the area of the protected vineyard;
(c) the selected measure referred to in paragraph 1 (b);
(d) the date of completion of the protection of vine bushes against damage caused by birds.
Investments
(1) An application for investment aid under European Community rules (18) shall be submitted by the applicant to the Fund on the form issued by him by 31 August of the current calendar year.
(2) Aid applications may be submitted to the establishments listed in Annex 2 to this Regulation, issued not more than 12 months before the deadline for submission of applications.
(3) Investment aid may be granted to an applicant who has lodged a harvest declaration or production declaration and a stock declaration in accordance with the wine-growing and wine-growing Act (16) in the three marketing years preceding the application, provided that he was legally obliged to do so.
(4) The applicant shall indicate in the application:
(a) a description of the equipment acquired as set out in Annex 2 to this Regulation and its contribution to improving the performance of the enterprise (18);
(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 place where the aid is requested.
(5) The applicant must make and deliver the investment to the Fund by 30 April of the following calendar year after the application.
(6) The replacement of the original installation can only start after the verification of the status of the original installation has been carried out.
(7) The Fund assesses the individual investments separately.
Amount of aid
(1) Aid not exceeding 75% of the actual costs incurred for the restructuring and conversion of vineyards under the European Communities19) in regions classified as regions eligible under the Convergence objective 20)
(a) the change in the variety composition of the vineyard shall be:
1. 365 000 CZK per ha of vineyard in the event that the applicant has previously grubbed up his own vineyard or vineyards and used the replanting rights for the new vineyard; where grubbed-up vineyards constitute only part of the planting rights of the new vineyard, the corresponding proportion shall be paid to the applicant according to the area of the grubbed-up vineyard;
2. 290 000 CZK for 1 ha of vineyards without prior grubbing up own vineyards,
(b) the movement of the vineyard to the slope shall be:
1. 400 000 CZK per hectare of newly planted vineyards, if the applicant has previously grubbed up his own vineyard or vineyards and has used the replanting rights for a new vineyard, if the grubbed-up own vineyards constitute only part of the planting rights of the new vineyard, the corresponding proportion of the area of the grubbed-up vineyards shall be paid to the applicant,
2. CZK 325 000 for 1 ha of newly planted vineyards without grubbing up their own vineyards,
(c) reducing the production of vines on one vine bush while maintaining production potential by increasing the number of vines
1. CZK 150,000 per ha of vineyard in the event that the applicant has previously grubbed up his own vineyard or vineyards and has applied the replanting rights to a new vineyard and in the case that grubbed-up own vineyards constitute only part of the planting rights of the new vineyard, the applicant shall be paid the corresponding share according to the area of his own grubbed-up vineyard,
2. 75 000 CZK for 1 ha of newly planted vineyards without prior grubbing up own vineyards,
(d) the reduction in the production of vines on one vine bush, while maintaining the production potential by increasing the number of vine shrubs, is CZK 75,000 per ha of vineyard,
(e) protection against damage to vine bushes caused by game
1. 50 000 CZK per 1 ha of vineyard, if it is a measure carried out by individual protection of individual vines with a number of shrubs of at least 1 000 pieces per 1 ha,
2. 90,000 CZK per 1 ha of vineyard, if it is a measure carried out by the collective protection of the vineyard fence,
(f) protection against damage to vine bushes caused by birds
1. 30 000 CZK per 1 ha of vineyard, if it is a measure of passive protection carried out by the use of devices or apparatus, repelling birds on the principle of mechanical, optical or acoustic, which do not cause the suffering of birds,
2. 20 000 CZK per ha of vineyard, if it is an active presence of a natural person for measures of active protection carried out by repelling birds.
(2) The aid of 50% of the costs actually incurred for the restructuring and conversion of vineyards under the European Communities19) in the regional20) not falling under the Convergence objective under the relevant measure shall be set at two thirds of the aid referred to in paragraph 1.
(3) The aid for investments provided for in Section 8c amounts to a maximum of 50% of eligible expenditure, but also to a maximum of CZK 2 million under the European Communities21) in regions classified as regions eligible under the Convergence objective 20) or a maximum of 40% of eligible expenditure and a maximum of CZK 2 million in other regions20).
(4) When deciding on the granting of aid, the Fund shall first decide on the applications of growers for areas not eligible for the application for the grubbing-up premium (Article 22), provided that the applicant has the status of grower within the meaning of the Vineyard and Wine Law, fulfils the other conditions laid down in this Regulation and the restructured vineyard is situated in a vineyard in the wine-growing municipalities listed in Annex 1 to this Regulation.
(5) The payment of aid under the aid applications provided for in paragraphs 6 to 8a shall be subject to 95% of the annual amount referred to in the Support Programme in the wine-growing and wine-growing sector for the Czech Republic pursuant to the Regulation of the European Communities (hereinafter referred to as the "Programme ') for the restructuring and conversion of vineyards. The Fund shall reduce the amount of aid provided for in Articles 6 to 8a of this Regulation proportionately if the sum of all the entitlements of aid applications provided for in Articles 6 to 8a of this Regulation exceeds the amount of the appropriations allocated to the budget of the European Communities. Where all legitimate claims from aid applications pursuant to Articles 6 to 8a of this Regulation are paid and part of the funds is left, the remaining funds shall be used to cover applications under Article 8b of this Regulation.
(6) The annual amount referred to in the Investment Programme shall be used for the payment of aid under the aid applications referred to in Article 8c. The Fund shall reduce the amount of aid provided for in Article 8c of this Regulation proportionately if the sum of all claims from aid applications provided for in Article 8c of this Regulation exceeds the amount of appropriations allocated to the budget of the European Communities. In the event that all legitimate claims from aid applications pursuant to Article 8c of this Regulation are paid and part of the funds is left, the remaining funds shall be used to cover applications under Article 8b of this Regulation.
(7) 5% of the annual amount referred to in the Programme for the restructuring and conversion of vineyards and, where applicable, the remaining resources referred to in paragraphs 5 and 6 shall be used for the processing of aid applications under Article 8b. The Fund shall reduce the amount of aid provided for in Article 8b of this Regulation proportionately if the sum of all the entitlements of aid applications provided for in Article 8b of this Regulation exceeds the amount of the appropriations allocated to the budget of the European Communities.
(8) If, after the payment of the aid referred to in paragraphs 5 to 7, outstanding funds are available, the Fund shall make a pro rata payment of the aid up to the admissible amount.
The person submitting the application pursuant to Articles 2 and 5 of this Regulation shall not be required to submit a single application form with the declaration of the area of all the soil blocks or parts thereof registered in the agricultural land use register according to the user relations of the applicants (24).
15) § 28 of Act No. 321 / 2004 Coll.
16) Article 29 of Act No. 321 / 2004 Coll.
17) Article 75 of Commission Regulation (EC) No 555 / 2008.
18) Article 15 of Council Regulation (EC) No 479 / 2008.
19) Article 11 (6) of Council Regulation (EC) No 479 / 2008.
20) Council Regulation (EC) No 1083 / 2006 of 11 July 2006 laying down general provisions on the European Regional Development Fund, the European Social Fund and the Cohesion Fund and repealing Regulation (EC) No 1260 / 1999.
21) Article 15 (4) of Council Regulation (EC) No 479 / 2008. Article 17 (b) and (c) of Commission Regulation (EC) No 555 / 2008.
22) Article 7 (1) (c) of Commission Regulation (EC) No 555 / 2008.
23) Article 5 of Council Regulation (EC) No 479 / 2008.
24) Article 11 (1) of Commission Regulation (EC) No 796 / 2004, as amended. '
4. The Annex shall be renumbered Annex 1 and Annex 2 shall be added as follows:
"Annex No 2 to Government Decree No 245 / 2004 Coll.
Investments eligible for aid
1. Acquisition of a new grape press,
2. the acquisition of a new special fermentation vessel for the production of red wine with active equipment for diving the marc hat;
3. the acquisition of a new wine filter. ';
Transitional provisions
1. Applications for aid for the restructuring and conversion of vineyards submitted to the State Agricultural Intervention Fund under the existing rules of the European Communities (1) and under Government Regulation No 245 / 2004 Coll., as amended by Government Regulation No 83 / 2006 Coll. and Government Regulation No 33 / 2007 Coll., in the marketing year 2007 / 2008 until 15 October 2008, for measures corresponding to the measures referred to in Article 5 (2) of Government Regulation No 245 / 2004 Coll., as effective from the date of entry into force of this Regulation, if the claims thereof have not been met, shall be considered as applications under Government Regulation No 245 / 2004 Coll.
2. For the 2008 / 2009 marketing year, aid applications pursuant to Article 5 (2) (e) of Decree No 245 / 2004 Coll., as effective from the date of entry into force of this Regulation, may be submitted to the State Agricultural Intervention Fund until 30 April 2009.
Efficacy
This Regulation shall enter into force on 1 April 2009.
Prime Minister:
Ing. Topolánek v. r.
Minister for Agriculture:
Mgr. Gandalovich v. r.
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Regulation Information
| Citation | Government Regulation No. 82 / 2009 Coll., amending Government Regulation No. 245 / 2004 Coll., laying down closer conditions for the implementation of measures of the common organisation of the market in wine, as amended |
|---|---|
| Regulation Type | Regulation |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 30.03.2009 |
|---|---|
| Effective from | 01.04.2009 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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