Act No. 85 / 2004 Coll.
Act amending Act No. 252 / 1997 Coll., on Agriculture, as amended, and certain other laws
Valid
Effective from 01.05.2004
85
THE LAW
of 14 January 2004
amending Act No. 252 / 1997 Coll., on Agriculture, as amended, and certain other laws
Parliament has decided on this law of the Czech Republic:
Amendment to the Agriculture Act
Act No. 252 / 1997 Coll., on Agriculture, as amended by Act No. 62 / 2000 Coll., Act No. 307 / 2000 Coll. and Act No. 128 / 2003 Coll. is amended as follows:
1. Paragraph 2 (2) to (4) is deleted and paragraph 1 is renumbered.
2. In Paragraph 2b (1), the word "Fund 'is replaced by the words" State Agricultural Intervention Fund (hereinafter referred to as "Fund') 'and the words" Except for a measure under specific legislation, 4g) implemented by the Ministry', including footnote 4g, are deleted.
3. In Paragraph 2c (4), "Ministry 'is replaced by" Fund'.
4. In Article 2c, paragraphs 5 and 6 are added:
"(5) The Government shall, by regulation, adapt the conditions for the implementation of the structural support programmes referred to in paragraphs 1 and 2 where such arrangements are required by the relevant legislation of the European Communities.
(6) Where the relevant legislation of the European Communities, with immediate effect to a Member State or to a future Member State, imposes or permits the establishment of conditions for the future implementation of those relevant legislation of the European Communities prior to their immediate effect, the Government shall, by regulation, adjust the conditions for the future implementation of those relevant legislation of the European Communities for the implementation of the common market organisations referred to in Article 2a and for the implementation of the structural support programmes referred to in paragraphs 1 and 2. ';
5. In Paragraph 2d (2), the word "Ministry 'is replaced by" Ministry of Agriculture ("Ministry') '.
6. The following Sections 2e to 2h are inserted after Section 2d, including the headings and footnotes 4h to 4n:
Business in agriculture
(1) An agricultural entrepreneur under this Act is a natural or legal person who intends to carry on agricultural production as a continuous and separate activity on his own behalf, under his own responsibility, for the purpose of making profits, under the conditions laid down by this Act and which, in respect of a natural person:
(a) has reached the age of 18;
(b) has legal capacity;
(c) it is fair and fair,
(d) is competent (§ 2f (2)),
e) has a permanent residence (4h) in the Czech Republic, unless it is a citizen of the Czech Republic or a citizen of a Member State of the European Union;
f) the interview before the local competent municipal authority of the municipality with extended scope will demonstrate the basic knowledge of the Czech language, unless it is a citizen of the Czech Republic or a citizen of a Member State of the European Union; the basic knowledge of the Czech language is demonstrated by a natural person if he is able to
1. a fluent and linguistic response to questions relating to the normal situations of daily life and business;
2. to read the prescribed standard article from the daily press and, orally, in its own words, to communicate its content.
Compliance with the facts referred to in points (a) to (f) for a legal person shall be demonstrated by its responsible representative. The responsible representative for the purposes of this Act shall be a natural person designated by a legal person who is responsible for the proper operation of the business and who is in employment with an agricultural entrepreneur.
(2) A natural person engaged in small-scale farming or farming activities or selling unprocessed plant and animal products shall not be subject to the registration of an agricultural entrepreneur under this law.
(3) Agricultural production, including forestry management (4i) and water areas, means:
(a) vegetable production, including hop, fruit-growing, wine-growing, wine-growing and vegetable growing, mushrooms, ornamental plants, medicinal and aromatic plants, plants for technical use on land owned, leased or used for other legal reasons, operated without land,
(b) animal production involving the rearing of livestock, other animals or animals for the purpose of the production and production of animal products, the rearing of livestock and the rearing of sports and horse racing horses;
(c) the production of breeding animals and the use of their genetic material as regards the animals referred to in (b);
(d) the production of seeds and seed, nurseries and plant genetic material;
(e) the presentation, processing and sale of own production of agricultural production, including the production of foodstuffs 4j);
(f) the farming of fish, aquatic animals and the cultivation of plants on land owned, leased or used for other legal reasons.
(4) An agricultural entrepreneur under this law is also entitled to provide work, performance or services which are exclusively related to agricultural production and in which the means or equipment used for agricultural production are used.
(5) For the purposes of this law, those who have not been convicted in a final manner or who are looked upon as if they had not been convicted in 4k are considered to be righteous)
(a) for a criminal offence committed intentionally for an unconditional prison sentence of at least one year;
(b) for an offence committed intentionally committed in connection with an enterprise which is not a criminal offence referred to in (a); or
(c) for an offence committed through negligence committed in connection with an agricultural business.
Registration of an agricultural entrepreneur
(1) A natural or legal person intending to do business in agriculture, except for a natural person under Paragraph 2e (2), is required to register.
(2) An agricultural entrepreneur shall be registered by the local competent municipal authority of the municipality with extended scope (hereinafter referred to as the "municipal authority") where the applicant:
(a) meets the conditions set out in Paragraph 2e (1);
(b) meet the professional qualifications of:
1. obtaining education at least at the level of secondary vocational education (4l) in an agricultural field, veterinary and veterinary prevention, or at the level of full secondary education with a focus on agriculture or, where appropriate, an accredited retraining course aimed at general agricultural activities of at least 150 hours; or
2. by proving agricultural practice on the holding for at least 5 years.
The competent municipal authority for the registration of the applicant for the agricultural business shall be the municipal authority of the municipality with an extended jurisdiction within whose territorial jurisdiction the place of business or the registered office of the agricultural operator is situated. For the purposes of this Act, a place of business shall be understood as the place from which an agricultural entrepreneur operates his business.
(3) In the application for registration of an agricultural operator, the natural person shall indicate:
(a) the name and surname, nationality, permanent residence, otherwise the address for service, usually at the place of residence of a natural person in the territory of the Czech Republic or at the place of business (name of the municipality, its parts, street name, descriptive and indicative number, if allocated, postal code), the birth number, the date of birth and the indication whether the court or administrative authority has not imposed a ban on the activity relating to agricultural production, whether it persists any other obstacle to the operation of agricultural production;
(b) the foreign natural person also has an address of residence outside the Czech Republic;
(c) an indication of professional competence if it fulfils it;
(d) the focus of agricultural production;
(e) the identification number, if assigned,
(f) the estimated date of commencement of the operation of agricultural production,
(g) the date of cessation of the operation of agricultural production if it intends to operate agricultural production for a fixed period;
(h) an indication of whether it will employ the staff member in the operation of agricultural production.
(4) The application for registration of an agricultural operator, if submitted by a legal person, shall indicate:
(a) a business firm or name, registered office (name of the municipality, its part, street name, descriptive and indicative number, if assigned, postal code) and the name or, where applicable, the name, surname, nationality, birth number, where appropriate, date of birth, place of permanent residence of the person or persons who are its statutory authority or members, in the absence of a citizen of the Czech Republic or of a citizen of the European Union, and an indication whether the court or administrative authority has not imposed a ban on the activity relating to agricultural production, whether it is subject to another obstacle to the operation of agricultural production;
(b) in the case of a foreign legal person who, for business purposes, establishes an organisational component in the Czech Republic, its location in the Czech Republic and the data relating to the leading organisational component referred to in (a);
(c) the information referred to in paragraph 3 (a), (b) and (c) concerning the responsible representative;
(d) the information referred to in paragraph 3 (d) to (h).
(5) The application shall be accompanied by documents certifying compliance with the conditions laid down by this Law for registration in the records of the agricultural operator.
(6) The municipal authority of the municipality with extended scope shall issue to the applicant, if it fulfils the conditions laid down in this Act, within 30 days a certificate of registration in the register of the agricultural entrepreneur. At the same time, it shall inform the competent authority of the state statistics, which shall assign an identification number to the agricultural entrepreneur on the basis thereof. The certificate shall include the particulars referred to in paragraph 3, if any, or the particulars referred to in paragraph 4, if the person is legal.
(7) In the register, the competent municipal authority of the municipality with extended scope shall immediately indicate the facts listed in the certificate issued and the identification number allocated to the agricultural operator. The municipal authority of the municipality shall apply mutatis mutandis when the facts kept in the register and at the end of the agricultural production of the agricultural entrepreneur change and end-of-life.
(8) The assessment of the applicant's competence to register shall be carried out in accordance with specific legislation. 4m) When assessing competence, the Regional Authority shall decide in the cases in question.
(9) For the purposes of this Act, a foreign person is a natural person residing or a legal person having its registered office outside the Czech Republic.
(10) Proceedings under this Act shall be governed by the administrative series, 4n) except for the issue of a positive decision to register an agricultural entrepreneur.
Withdrawal from registration
(1) The municipal authority of a municipality with extended jurisdiction shall exclude an agricultural entrepreneur from the register if:
(a) does not carry out agricultural production for more than 24 calendar months;
(b) died if it is a natural person, unless he has a legal successor;
(c) it has disappeared if it is a legal person;
(d) the agricultural entrepreneur himself shall apply for exclusion from the records of the agricultural entrepreneur.
(2) If the successor in title wishes to continue his business, he shall notify the municipal authority of the municipality with extended scope within 3 months of the date of the death of the agricultural entrepreneur. The inheritance administrator shall notify the municipal authority of the municipality of this fact within 1 month of the date on which it was designated. If the successor in title does not comply with the conditions set out in Paragraph 2e (1), he shall immediately appoint a responsible representative. Paragraph 2e (1) shall not apply.
(3) The Regional Authority shall decide on the appeal against the decision to withdraw. Following the acquisition of legal power, the decision to withdraw from the register of the municipality with extended scope shall be immediately deleted from the register.
The municipal authority of the municipality with extended competence shall exercise its powers pursuant to § 2f and 2g of the delegation; the costs associated with it shall be borne by the State.
4h) For example, Act No. 326 / 1999 Coll., on the residence of foreigners in the Czech Republic and on the amendment of certain laws, as amended.
4i) Act No. 289 / 1995 Coll., on Forests and on the amendment and addition of certain laws (Forest Act), as amended.
4j) Act No. 110 / 1997 Coll., on Food and Tobacco Products and amending and supplementing certain related laws, as amended.
4k) For example, Sections 60, 60a and 70 of the Criminal Act.
4l) Act No. 29 / 1984 Coll., on the System of Primary Schools, Secondary Schools and Higher Vocational Schools (Education Act), as amended.
4m) Act No. 18 / 2004 Coll., on the recognition of professional qualifications and other competence of nationals of Member States of the European Union and amending certain laws (Act on the Recognition of Professional Qualifications).
4n) Act No. 71 / 1967 Coll., on Administrative Procedure (Administrative Regulations), as amended. '
Footnotes 4h to 4n), including the references to these footnotes, are renumbered as footnotes 4o) to 4u).
7. in Article 3 (1), the words "Article 2 (3) and (4) 'are deleted;
8. in Article 3 (5), point (b) is deleted;
Points (c) and (d) shall be renumbered (b) and (c).
9. In Article 3 (6), the words "or the relevant legislation of the European Communities' shall be inserted after the word" contracts'.
10. In Article 5, paragraphs 4 to 6 are added:
"(4) A fine of up to CZK 200,000 may be imposed on a natural or legal person who operates an agricultural production under this law without being entered in the register of an agricultural entrepreneur.
(5) A fine of up to CZK 100,000 may be imposed on a natural or legal person who provides false information in an application under § 2f (3) to (5).
(6) The fine referred to in paragraphs 4 and 5 shall be imposed, collected and enforced by the municipality with extended scope. The selection and enforcement shall be carried out in accordance with specific legislation. 5e) Fines are the revenue of the budget of the municipality with extended scope. "
Transitional provisions
1. A person operating on the date of the entry into force of this Act agricultural production pursuant to Act No. 105 / 1990 Coll., on the Private Entrepreneurship of Citizens, as amended by Act No. 219 / 1991 Coll. and Act No. 455 / 1991 Coll., shall be regarded as an agricultural entrepreneur for the operation of agricultural production under this Act if, within a period of 1 year from the date of entry into force of this Act, it is registered at the competent municipal authority of the municipality with extended scope pursuant to § 2f of Act No. 252 / 1997 Coll., on agriculture, as amended by this Act. Certificate issued to the farmer himself pursuant to Act No. 105 / 1990 Coll., on the Private Entrepreneurship of Citizens, as amended by Act No. 219 / 1991 Coll. and Act No. 455 / 1991 Coll., applies 5 years from the date of entry into force of this Act; the holder of this certificate is considered to be an agricultural operator for the operation of agricultural production under this Act. If a self-employed farmer does not intend to conduct agricultural production under this Act, the municipal authority of the municipality, with extended scope, shall request the issuance of a certificate of exclusion from the register of persons maintained under Act No. 105 / 1990 Coll., on the private business of citizens, as amended by Act No. 219 / 1991 Coll. and Act No. 455 / 1991 Coll.
3. The municipal authority of the municipality with extended competence shall take over the register of persons referred to in point 1 held with the municipal authorities within 1 year of the date of entry into force of this Act.
Amendment to the Pension Insurance Act
Paragraph 9 (3) of Act 155 / 1995 Coll., on Pension Insurance, point (a), including footnote 9, reads:
"(a) farming business where a natural person operating agricultural production is registered under a special law, 9)
9) § 2f of Act No. 252 / 1997 Coll., on Agriculture, as amended. '
Amendment to the Public Health Insurance Act
In Section 5 (b) of Act No 48 / 1997 Coll., on Public Health Insurance, point 1, including footnote 1b, reads as follows:
'1. persons engaged in agriculture; (1b)
1b) Act No. 252 / 1997 Coll., on Agriculture, as amended. '
Amendment of the Act on the State Agricultural Intervention Fund
Act No. 256 / 2000 Coll., on the State Agricultural Intervention Fund and amending certain other laws (Act on the State Agricultural Intervention Fund), as amended by Act No. 128 / 2003 Coll., is amended as follows:
1. in Article 1 (2), the following point (d) is inserted after point (c):
"(d) implement government-approved programmes aimed at non-food use and processing of agricultural products;"
Points (d) to (j) shall be renumbered as points (e) to (k).
2. In Paragraph 1 (2), at the end of point (k), the dot is replaced by a comma and the following point (l) is added:
"(l) implement structural support programmes in accordance with specific legislation. 1f)
1f) § 2c of Act No. 252 / 1997 Coll., as amended. '
3. in Article 9a, point (c), including footnote 8, shall be deleted;
Points (d) to (f) shall be renumbered (c) to (e).
4. In Paragraph 10, at the end of paragraph 2, the sentence "The amount of remuneration associated with the performance of the function of a member of the Supervisory Board shall be added to the Statute of the Fund."
5. In Article 11, the following paragraph 5 is added:
"(5) The Fund shall apply mutatis mutandis to the implementation of structural support programmes under the Specific Legislation (1f) provided for in paragraphs 1 to 4. ';
6. In Article 12 (1), the words "as well as individual data obtained by the Ministry for Statistical Purposes' are deleted.
7. In Article 12, the following paragraph 3 is added:
"(3) The Fund shall cooperate with the authorities of other Member States or future Member States of the European Communities with the same or similar scope, including the provision of mutual expertise. ';
Repeal
The following shall be deleted:
1. § 12a to 12e of Act No. 105 / 1990 Coll., on the Private Business of Citizens, as amended by Act No. 219 / 1991 Coll.
2. Act No. 219 / 1991 Coll., amending and supplementing Act No. 105 / 1990 Coll., on the Private Business of Citizens.
EFFECTIVE
This Act shall take effect on the date of the entry into force of the Treaty of Accession of the Czech Republic to the European Union, with the exception of Articles I (1) to (5), (7) to (9), (VI) and (VII), which shall take effect on the date of its publication.
Zaoralek v. r.
Spindles v. r.
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Regulation Information
| Citation | Act No. 85 / 2004 Coll., amending Act No. 252 / 1997 Coll., on Agriculture, as amended, and certain other laws |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 19.02.2004 |
|---|---|
| Effective from | 01.05.2004 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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