Government Decree No. 83 / 2009 Coll.

Government regulation on the consequences of infringements of cross-compliance of the granting of direct aid, certain aid under the common organisation of the market in wine and certain aid under the Rural Development Programme, and amending certain related government regulations

Valid Regulation Effective from 01.04.2009
83
GOVERNMENT REGULATION
of 23 March 2009
laying down the consequences of a breach of cross-compliance between the granting of direct aid, certain aid under the common organisation of the market in wine and certain aid under the Rural Development Programme and amending certain related regulations of the Government
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 DRUHÁ

Amendment of the Government Regulation on closer conditions for implementing measures of the common organisation of the market in wine
§ 9
In 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. and Government Decree No. 320 / 2008 Coll., Section 4, including footnote 11 to 14, is deleted.

ČÁST TŘETÍ

Amendment of the Government Regulation laying down certain conditions for granting separate sugar payment to sugar growers
§ 10
Government Decree No. 45 / 2007 Coll., laying down certain conditions for granting separate sugar payment to sugar growers, as amended by Government Decree No. 310 / 2007 Coll., is amended as follows:
1. In Article 2 (3), the words "under the conditions laid down, where appropriate, by a directly applicable regulation of the European Communities governing support for rural development from the European Agricultural Fund for Rural Development (5d)," shall be inserted after the words "business 5c),"
Footnote 5d:
"(5d) Article 23 of Council Regulation (EC) No 1698 / 2005 of 20 September 2005 on support for rural development by the European Agricultural Fund for Rural Development (EAFRD), as amended.";
2. In Article 4, paragraphs 5 and 6 are deleted.

ČÁST ČTVRTÁ

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
§ 11
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, is amended as follows:
1. At the end of footnote 2, the following is added:
"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, amending Regulations (EC) No 1290 / 2005, (EC) No 247 / 2006, (EC) No 378 / 2007 and repealing Regulation (EC) No 1782 / 2003. ';
2. In Article 6, paragraphs 4 to 8, including footnotes 15 to 20, are deleted.

ČÁST PÁTÁ

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
§ 12
Government Regulation 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 Regulation No 113 / 2008 Coll., is amended as follows:
1. Paragraph 5 (1) reads as follows:
"(1) The Fund provides payment in the currency of the Czech Republic; the payment rate referred to in paragraph 2 shall be converted according to the exchange rate published in the first Official Journal of the European Union, issued in the calendar year for which the payment is granted, and indicated at the date closest to the beginning of that calendar year. ';
2. Article 11, including footnotes 19 and 20, shall be deleted;
3. Paragraph 12 (1) reads as follows:
"(1) The applicant shall reimburse the payment made in a less favourable area if, in the relevant calendar year, he has infringed at least one of the conditions leading to the non-payment referred to in Article 10 (1). ';
4. In Article 12 (2), the words ", 11 (1), 11 (2) (a) or 11 (2) (b) 'are deleted.
5. In Article 12 (3), the word "or 'is added at the end of point (a) and point (b) is deleted.
Point (c) shall be renumbered (b).
6. In Article 12 (4), the words ", 11 (3), 11 (4) (a) or 11 (4) (b) 'are deleted.

ČÁST ŠESTÁ

Amendment of the Government Regulation on the conditions for the implementation of agri-environmental measures
§ 13
In Decree No 79 / 2007 Coll., on the conditions for the implementation of agri-environmental measures, Section 18, including footnotes 39 and 40, is deleted.

ČÁST OSMÁ

Amendment of the Government Regulation on the conditions for granting subsidies for afforestation of agricultural land
§ 15
Government Regulation No 239 / 2007 Coll., on the establishment of conditions for the grant of subsidies for afforestation of agricultural land, as amended by Government Regulation No 148 / 2008 Coll., is amended as follows:
1. Paragraph 5 (5) reads as follows:
"(5) The Fund will grant a subsidy in the currency of the Czech Republic; the rate of subsidy referred to in paragraph 1 shall be recalculated according to the exchange rate published in the first Official Journal of the European Union, issued in the calendar year for which the payment is granted, which shall be as close to the date of the beginning of that calendar year. ';
2. In Article 7, paragraphs 6 and 7, including footnotes 16 and 17, are deleted.

ČÁST DEVÁTÁ

Amendment of the Government Regulation laying down certain conditions for granting separate payment for tomatoes for processing
§ 16
In Article 4 of Decree No 95 / 2008 Coll., laying down certain conditions for granting separate payment for tomatoes for processing, paragraph 5 is deleted.

ČÁST DESÁTÁ

Amendment of the Government Regulation on the conditions for granting subsidies for the conservation of the forest-based economic population under the Natura 2000 measure in forests
§ 17
In Section 8 of the Government Decree No. 147 / 2008 Coll., laying down the conditions for the grant of subsidies for the conservation of the forest-based economic population under the Natura 2000 measure in the forests, paragraphs 4 and 5, including footnotes 17 and 18, are deleted.

ČÁST JEDENÁCTÁ

Amendment of the Government Regulation on the conditions for granting subsidies on forestry-environmental measures
§ 18
In Article 9 of Decree-Law No 53 / 2009 Coll., establishing the conditions for granting subsidies for forestry measures, paragraphs 4 and 5, including footnotes 17 and 18, are deleted.
Paragraph 6 shall become paragraph 4.

ČÁST DVANÁCTÁ

TRANSITIONAL PROVISIONS
§ 19
Legal relationships arising before the date of entry into force of this Regulation by governments shall be assessed in accordance with existing legislation.

ČÁST TŘINÁCTÁ

EFFECTIVE
§ 20
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

CitationGovernment Regulation No 83 / 2009 Coll., on the determination of the consequences of a breach of cross-compliance of the granting of direct aid, certain aid under the common organisation of the market in wine and certain aid under the Rural Development Programme, and amending certain related government regulations
Regulation TypeRegulation
Author-
CollectionCode of Laws
Date of Promulgation30.03.2009
Effective from01.04.2009
Effective until-
Status Valid
The regulation text is for informational purposes only.
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