Government Decree No. 83 / 2006 Coll.
Government Regulation 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
Valid
Effective from 17.03.2006
83
GOVERNMENT REGULATION
of 1 March 2006
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
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., laying down closer conditions for the implementation of measures of the common organisation of the market in wine, is amended as follows:
1. Paragraph 1 (1), including footnotes 1 and 1a, reads as follows:
"(1) This Regulation (1) provides for detailed conditions for the implementation of the measures of the common organisation of the market in wine, following the directly applicable regulation of the European Communities (1a) (hereinafter referred to as" the European Communities ").
1) It is issued for the implementation and within the limits of the law, the content of which allows for an adjustment following the directly applicable regulation of the European Communities by the Government.
(1a) Council Regulation (EC) No 1493 / 1999 of 17 May 1999 on the common organisation of the market in wine, as amended. Commission Regulation (EC) No 1227 / 2000 of 31 May 2000 laying down detailed rules for implementing Council Regulation (EC) No 1493 / 1999 on the common organisation of the market in wine with regard to production potential, as amended. Commission Regulation (EC) No 1623 / 2000 of 25 July 2000 laying down detailed rules for implementing Council Regulation (EC) No 1493 / 1999 on the common organisation of the market in wine with regard to market mechanisms, as amended. '
2. Paragraph 8, including the title and footnotes No 23 to 27, reads:
Restructuring and conversion plan for vineyards
(1) An application to be included in the restructuring and conversion plan under the rules of the European Community23) (hereinafter referred to as the "plan") shall be submitted by growers to the Fund on the form issued by it by 1 March of the calendar year for the following marketing year (25). Only the whole of the soil block or part thereof shall be included in the plan, unless otherwise provided for in this Regulation and in accordance with the Registr26).
(2) The application referred to in paragraph 1 may be submitted for the following measures:
(a) grubbing-up of vineyards;
(b) a change in the variety composition of the vineyard;
(c) an increase in the number of vine shrubs (hereinafter referred to as "shrub") in the vineyard;
(d) the movement of the vineyard to the slope;
(e) the protection of vineyards against damage caused by animals other than birds (hereinafter referred to as "animals");
(f) protection of the vineyard against damage caused by birds;
(g) the planting of vineyards without the right to replanting of vineyards on the basis of the applicant's obligation to grubbing up its other vineyard in a specified manner before the end of the third year following the planting of the new vineyard (27);
(h) improving the management of vineyards.
(3) In the application referred to in paragraph 1, the grower shall indicate:
(a) the formalities provided for in Article 3 (2) of the Agriculture Act;
(b) the measure referred to in paragraph 2 which it requires to be included in the plan;
(c) the information relating to the measure in question set out in Sections 8b and 8d to 8g.
(4) An integral part of the application referred to in paragraph 1 shall be the restructuring and conversion project for vineyards (hereinafter referred to as "the project '), the details of which are laid down in Sections 8a to 8h for the measures concerned. In the project, the grower shall always indicate the timing of the project, which shall not exceed five consecutive marketing years starting from the marketing year from which the grower is to be included in the plan.
(5) The measures referred to in paragraph 2 may be implemented only after the decision on inclusion in the plan has become final and not earlier than the first day of the marketing year from which the application under paragraph 1 was included in the plan.
23) Article 12 of Council Regulation (EC) No 1493 / 1999. Chapter IV of Commission Regulation (EC) No 1227 / 2000.
24) § 3 (2) (g) of Act No. 321 / 2004 Coll., on Vinohradship and Wine and on the amendment of certain related laws (Vinohradship and Wine Act).
25) Article 1 (4) of Council Regulation (EC) No 1493 / 1999.
26) § 28 of Act No. 321 / 2004 Coll.
27) Paragraph 9 (1) (b) of Act No. 321 / 2004 Coll. '.
3. The following Sections 8a to 8j are inserted after Section 8, including the headings and footnotes 28 to 31:
Grubbing up vineyards
(1) The grubbing-up measure shall include the whole or part of the soil block or part thereof, where appropriate, where:
(a) the vineyard planted on it before 1 January 1995, and
(b) the grower shall submit an application for inclusion in the plan pursuant to Article 8 (2) (b), (c), (d) or (h).
(2) In the project the grower shall indicate for each soil block or part thereof:
(a) the identification number (hereinafter referred to as the "number") of the soil block or part thereof on which the vineyard to be grubbed up (hereinafter referred to as "grubbed-up vineyard") is situated;
(b) the area of the grubbed-up vineyard;
(c) the varietal composition of the grubbed vineyard;
(d) the start date of grubbing-up of the vineyard and the end date of grubbing-up of the vineyard;
(e) a restructuring plan (28) of the part of the soil block or part thereof on a 1: 10 000 scale soil block map or more detailed if the grower does not grubbed up the whole area of the soil block or part thereof.
(3) In the application for aid under the grubbing-up measure, the grower shall indicate the date of completion of the grubbing-up measure; the measure is considered to have been completed after complete removal of the supporting structure and removal of shrubs, including the main roots.
(4) The aid application shall be submitted by the grower within 6 months of the date of completion of the grubbing-up of the vineyard referred to in the project, but not later than the deadline laid down in Article 8i (1).
Change in the variety composition of the vineyard
(1) Only the whole or part of the soil block, or part thereof, on which the vineyard planted before 1 January 1995 is situated shall be included in the measure. The size of the continuous area planted with the variety concerned shall not fall below 0,2 ha. The newly planted vineyard is always planted with a variety other than that of the original vineyard. The planting shall be carried out on a wine-growing line not exceeding 3 m and not less than 3 000 pieces / ha; in the case of movement of the vineyard to a slope at a number of shrubs of at least 2,500 pieces / ha.
(2) An integral part of the application provided for in Article 8 (1) is a draft of a part of the soil block, a part in the soil block map of a scale of 1: 10 000 or more, if the grower does not grubbed up the whole area of the soil block or part thereof.
(3) The producer shall indicate in the project:
(a) the number and area of the soil block or part thereof on which the grubbed-up vineyard is situated;
(b) the varietal composition of the grubbed-up vineyard according to registra26),
(c) the number of the soil block or part thereof on which a new vineyard is to be planted;
(d) the variety composition of the vineyard to be newly planted;
(e) the date of commencement of the vineyard planting;
(f) the date of completion of the supporting structure,
(g) a restructuring plan (28) of the part of the soil block or part thereof on the soil block map of a scale of 1: 10 000 or more, provided that the farmer does not plant the entire area of the soil block or part thereof.
(4) An application for aid under the measure referred to in Article 8 (2) (b) shall be submitted by the grower no later than 6 months after the estimated date of completion of the construction of the supporting structure, as specified in the project, but no later than the date set out in Article 8i (1). The measure is considered to have been completed after the completion of the planting of the new vineyard and after the complete completion of the construction of the supporting structure with at least one guide wire, if the technology of the supporting structure of the wire is used.
(5) In the application for aid under the measure, the grower shall indicate the actual date of completion of the measure.
Increase the number of shrubs in the vineyard
(1) Only the whole of the soil block, or part thereof on which the vineyard planted before 1 January 1995, shall be included in the measure to increase the number of shrubs in the vineyard. The size of the continuous area planted with the variety concerned shall not fall below 0,2 ha. The planting shall be carried out by a recognised settou29) on a vineyard line with an interline of not more than 3 m in width with a number of shrubs of not less than 3 000 pieces / ha. The measure shall be carried out on the whole or part of the soil block.
(2) The producer shall indicate in the project:
(a) the number and area of the soil block or part thereof on which the vineyard on which the number of shrubs is to be increased;
(b) the variety composition of the vineyard to which the number of shrubs is to be increased, including the number of shrubs of the variety concerned after restructuring (28);
(c) the date of commencement of planting;
(d) the date of completion of the supporting structure.
(3) In the aid application under the measure, the grower shall indicate the actual date of expiry of the measure.
(4) The aid application shall be submitted by the grower within 6 months of the date of completion of the construction of the supporting structure, as specified in the project, but not later than the deadline laid down in Section 8i (1).
(5) If the grower fails to comply with the project concerning the number of shrubs but fulfils the requirement for the number of shrubs for this measure, the Fund shall pay the aid in accordance with the facts established by the on-the-spot check.
Move the vineyard to the slope
(1) The whole or part of the soil block or part of the vineyard on which the grubbed-up vineyard is located shall be included in the measure. The size of the continuous area planted with the variety concerned shall not fall below 0,2 ha. The planting shall be carried out by a recognised settou29) on a vineyard line with an interline of a width not exceeding 3 m at a number of shrubs of at least 2,500 pieces / ha. The application referred to in Article 8 (1) under this measure may not be made for a parcel or part thereof to which a vineyard whose average sieve is less than or equal to 12,5 degrees and is oriented north, north-east or north-west is to be moved.
(2) An integral part of the application referred to in Article 8 (1) is a draft of the restructuring of the 28) part of the soil block or part thereof on the 1: 10 000 scale soil block map or more detailed if it does not plant the entire area of the soil block or part thereof.
(3) The producer shall indicate in the project:
(a) the number of the land block or part thereof on which the grubbed-up vineyard is situated;
(b) the area of part of the soil block or part thereof on which the grubbed-up vineyard is situated, unless the whole of the soil block or part thereof is grubbed up;
(c) the number of the land block or part thereof to which the vineyard is to be moved;
(d) the variety composition of the vineyard to be newly planted;
(e) the date of commencement of the vineyard planting;
(f) the date of completion of the supporting structure.
(4) The application for aid under the measure shall be submitted by the grower to the slope after complete completion of the supporting structure construction but no later than 6 months after the date of completion of the supporting structure. The design is considered to be completed if at least one guide wire is strained, if the wire support structure is used in the technology.
(5) In the application for aid under the measure, the grower shall indicate the actual date of completion of the measure.
Protection of vineyards against animal damage
(1) Only the entire soil block or part thereof on which the vineyard planted at least 50% after 31 December 1994 shall be included in the measure.
(2) An integral part of the application referred to in Article 8 (1) shall be the producer's declaration as to whether the aid has been granted to him in the past for this measure, in the positive case the reference number of the decision granting the aid.
(3) In the project the grower shall indicate for each soil block or part thereof:
(a) the number of the soil block or part thereof on which the vineyard on which the vineyard is to be protected against animal damage is situated;
(b) the way in which the vineyard is protected, individually by protecting individual bushes or by fencing the whole vineyard;
(c) the date of commencement and the date of termination of the establishment of the protection features.
(4) Aid for the protection against animal damage shall be granted to growers every 5 years.
(5) The aid application shall be submitted by the grower within 6 months of the date of completion of the construction of the protective elements specified in the project and at the latest by the deadline provided for in this Regulation.
(6) If the grower fails to comply with the project concerning the way in which the vineyard is protected but meets the requirements laid down for this measure, the Fund shall pay the aid in accordance with the facts established by the on-the-spot check.
Protection of vineyards against damage caused by birds
(1) Only the whole of the soil block or part of it on which the vineyard is situated shall be included in the measures to protect the vineyard against damage caused by birds. The protection of vineyards against damage caused by birds shall be ensured during the maturing period of grapes, by passive protection or active protection; Passive protection shall be considered to be a network protecting shrubs or aids, or, where appropriate, devices repelling birds on the principle of mechanical or acoustic, which do not cause the suffering of birds, as active protection shall be considered to be the repelling of birds by the long-term presence of a natural person for at least 300 hours as the relevant marketing year.
(2) An integral part of the application referred to in Article 8 (1) shall be the producer's declaration as to whether the aid has been granted to him in the past for this measure, in the positive case the reference number of the decision granting the aid.
(3) In the project the grower shall indicate for each soil block or part thereof:
(a) the number of the soil block or part thereof on which the vineyard on which the vineyard is to be protected against damage caused by birds is situated;
(b) the way in which the vineyard is protected, by passive protection or by active protection;
(c) the date of commencement and termination of the location of passive protection facilities or the date of commencement and termination of active protection, including the duration of active protection expressed in hours per calendar day.
(4) Aid for the protection of vineyards against damage caused by birds by passive protection shall be granted to growers no more than once every 5 consecutive calendar years. Aid for the protection of vineyards against damage caused by birds by active protection shall be granted to growers each year.
(5) An application for aid for the protection of vineyards against damage caused by birds shall be submitted by the grower,
(a) if the passive vineyard protection facility is located not later than 6 months from the date of the location of the passive protection facility, as specified in the project, but not later than the date set out in Section 8i (1),
(b) if there is an active protection of vineyards not later than the date laid down in Section 8i (1).
(6) If the grower fails to comply with the project concerning the way in which the vineyard is protected but meets the requirements laid down for this measure, the Fund shall pay the aid in accordance with the facts established by the on-the-spot check.
Planting of vineyards without replanting right
(1) Only the whole or part of the land block or part of the vineyard shall be included in the measures for the planting of vineyards without replanting right, or part thereof, provided that the grower undertakes to grubbing up the vineyard on an area corresponding to the area of the newly planted vineyard by the end of the third marketing year following the planting of the vineyard without the right to replanting. The planting shall be carried out on a wine-growing line not exceeding 3 m in width and not less than 3 000 pieces / ha in the number of shrubs; in the case of the simultaneous application of the measures provided for in Article 8 (2) (d), at least 2 500 pieces / ha. The measure of continuous area planted with each variety shall not fall below 0,2 ha.
(2) An integral part of the application under Article 8 (1) is:
(a) a declaration that the grower does not possess any or sufficient planting rights which could be used to plant the entire area of the soil block or its vine part;
(b) an undertaking by the grower to grubbing up the vineyard on an area corresponding to the area of the newly planted vineyard by the end of the third marketing year following the planting of the vineyard without replanting right.
(3) The producer shall indicate in the project:
(a) the number and area of the soil block or part thereof which shall be grubbed up within 3 years;
(b) the number and area of the parcel or part thereof on which the vineyard shall be planted without planting right;
(c) the variety composition of the vineyard to be newly planted;
(d) the date of commencement of the planting of the vineyard;
(e) the date of completion of the supporting structure,
(f) the start date of grubbing-up of the vineyard;
(g) the date on which the grubbing-up of the vineyard ends.
Improvement of vineyard management techniques
(1) Only the whole of the soil block, or part thereof on which the vineyard planted before 1 January 1990 and having, according to registrar 26, at least 4,500 head of shrubs per hectare shall be included in the measures to improve the technique for the management of the vineyard; with a maximum width of 1,8 m. The measure of continuous area newly planted with the variety concerned shall not fall below 0,2 ha. The planting shall be carried out by a recognised settou29) on a vineyard line with an intermediate line of a minimum width of 2,0 m and a width not exceeding 3,0 m, at a number of shrubs of at least 3 000 pieces / ha. The measure shall be carried out on the whole or part of the soil block.
(2) The producer shall indicate in the project:
(a) the number and area of the soil block or part thereof on which the grubbed or partially grubbed vineyard is situated;
(b) the number of the soil block or part thereof on which the measure is to be implemented;
(c) the varietal composition of the vineyard on which the measure will be implemented;
(d) the date of the beginning of the planting of the vineyard where the planting of the vineyard takes place;
(e) the date of completion of the construction of the supporting structure if the supporting structure is built;
(f) a restructuring plan (28) of the part of the soil block or part thereof on the soil block map of a scale of 1: 10 000 or more, provided that the farmer does not plant the whole area of the soil block or part thereof.
(3) In the application for aid under this measure, the grower shall indicate the actual date of completion of the measure.
(4) The aid application shall be submitted by the grower within six months of the date of completion of the measure, but not later than the date laid down in Article 8i (1).
Granting aid for restructuring and conversion of vineyards
(1) An application for aid for restructuring and conversion of vineyards shall be submitted by the grower of the Fund on a form issued by him within 6 months of the date of completion of the individual measure under the project, but not later than 30 April of the marketing year concerned.
(2) The application referred to in paragraph 1 shall indicate:
(a) the date of actual completion of the implementation of the measures by project;
(b) the costs actually incurred in implementing the project;
(c) a declaration that he has complied with all the conditions laid down in the provisions of the European Communities, (1a), (30)
(d) the information provided for each measure in Sections 8a to 8f and 8h.
(3) The Fund shall evaluate the individual measures by soil block or part thereof.
(4) Where a measure referred to in Article 8 (2), the performance of which is spread over several marketing years, is part of a project, the aid referred to in paragraph 1 shall be granted after each measure taken under the project.
Amount of aid
(1) Aid of 75% of the costs actually incurred for the restructuring and conversion of vineyards under the directly applicable regulation of the European Community30) in Objective 131) under the measure
a) grubbing-up of vineyards is CZK 75,000 per hectare of grubbed-up vineyards,
b) the change in the variety composition of the vineyard is CZK 290 000 per ha of vineyard,
(c) the increase in the number of shrubs in the vineyard is CZK 75 per 1 planted shrub above the original number of shrubs in the vineyard concerned according to the data from registra26),
d) move the vineyard to the slope is 240 000 CZK per ha of newly planted vineyard,
(e) the protection of vineyards against animal damage is done by:
1. 20 CZK per shrub, if it is for individual protection of shrubs,
2. 200 CZK for 1 m of the length of the vineyard fence, if it is about the collective protection of the vineyard,
f) protection of vineyards against damage caused by birds is CZK 50,000 per ha of vineyard,
g) Improvement of the vineyard management technique is CZK 250,000 per ha.
(2) Aid of 50% of the costs actually incurred for the restructuring and conversion of vineyards under the directly applicable Regulation of the European Community30) in Objective 231) under the measure in question shall be fixed at two thirds of the aid referred to in paragraph 1.
(3) The Fund will reduce the amount of aid provided for in this Regulation proportionately if the sum of all entitlements from aid applications under this Regulation exceeds the amount of the appropriations allocated to the budget of the European Communities.
(4) The Fund may decide on a proportional increase in the various types of aid granted under Sections 8a to 8h if there is an additional allocation of funds from the budget of the European Communities or if unallocated funds for the Czech Republic are available after 10 July of the relevant calendar year.
28) Chapter III of Title II of Council Regulation (EC) No 1493 / 1999.
29) Act No. 219 / 2003 Coll., on the circulation of seeds and propagating plants and amending certain laws (Act on the circulation of seeds and seed).
30) Article 13 of Council Regulation (EC) No 1493 / 1999.
31) Council Regulation (EC) No 1260 / 1999 of 21 June 1999 laying down general provisions on the Structural Funds. "
4. Annexes 1 and 2 are deleted.
Transitional provisions
The application for inclusion in the plan for the 2006 / 2007 marketing year shall be submitted by 15 April 2006.
2. The aid application for the 2005 / 2006 marketing year shall be submitted by 30 April 2006 and shall be paid in accordance with existing legislation.
3. The application for inclusion in the Plan for the restructuring and conversion of vineyards, classified under Government Decree No. 245 / 2004 Coll., as amended by the existing legislation, shall be deemed to be classified under this Regulation.
Efficacy
This Regulation shall enter into force on the day of its publication.
Prime Minister:
Ing. Paroubek v. r.
Minister for Agriculture:
Ing. Mládek, CSc.
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Regulation Information
| Citation | Government Regulation No. 83 / 2006 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 |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 17.03.2006 |
|---|---|
| Effective from | 17.03.2006 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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