Government Regulation No. 87 / 2010 Coll.
Government regulation laying down certain conditions for granting payment to cows kept in a system with market milk production
Valid
Effective from 01.04.2010
87
GOVERNMENT REGULATION
of 22 March 2010
laying down certain conditions for granting the payment of cows kept in a system of market milk production
The Government orders 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., Act No. 441 / 2005 Coll. and Act No. 291 / 2009 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 laws (Act on the State Agricultural Intervention Fund), as amended by Act No. 441 / 2005 Coll.:
Subject matter
This Regulation provides for certain conditions for the payment of cows kept in a system with market production of milk ("payment ') following directly applicable European Union1 (" European Union Regulation'). The State Agricultural Intervention Fund ("the Fund ').
Applicant for payment
The applicant for payment (hereinafter referred to as "the applicant ') shall be a natural or legal person who keeps cows in a system with market production of milk (hereinafter referred to as" dairy cows') on a holding registered in the central register kept under the Breeding Code (2) on 31 March of the calendar year for which the payment is requested and who shall deliver a payment application (hereinafter referred to as "the application ') to the Fund in its form for the calendar year in question.
Application for payment
(1) The application must be submitted to the Fund on the form issued by it by 15 May of the calendar year concerned at the latest).
(2) The application contains, in addition to the requirements laid down in European Union4)
(a) the list and area of all soil blocks (Section 3a (3) of the Agriculture Act), or parts of soil blocks (Section 3a (4) of the Agriculture Act) of agricultural land registered in the land register to the applicant under Section 3a to 3k of the Agricultural Act;
(b) a list of dairy cows kept by the applicant on 31 March of the relevant calendar year, including identification numbers and dates of birth, the system of dairy farming and the calculation of livestock units; the conversion rate to determine the number of livestock units to be paid to dairy cows is 1,
(c) the marking and use method (5) of all soil blocks or parts of soil blocks referred to in (a);
(d) a declaration by the applicant stating that he has included in the application all the agricultural land he uses and undertakes to comply with the conditions of cross-compliance (6) throughout the calendar year.
(3) An integral part of the application is
(a) drawing of soil blocks or parts of soil blocks as referred to in paragraph 2 (a) on a map of soil blocks or parts of soil blocks, if any, of a scale of 1: 10 000 or more;
(b) a form showing the proportion of income or income for milk sold in the total income or income from agricultural production referred to in Article 2e (3) (a) to (e) of the Agriculture Act for the calendar year preceding the date of application; total revenue or revenue shall not include revenue or revenue from the operation of biomass processing facilities for the production of energy and fuels from renewable sources, subsidies and compensation for the event for the calendar year preceding the date of application,
(c) copies of documents proving the sale of milk to the customer for the calendar year preceding the date of application.
Conditions for payment
(1) The Fund shall grant payment to the applicant for the total number of livestock units established in accordance with the list of dairy cows referred to in Article 3 (2) (b) where the proportion of the income or income for the milk sold in the total agricultural production income or income for the calendar year preceding the date of application is greater than or equal to 15%.
(2) The Fund shall make the payment:
(a) at the full rate, where the proportion of income or income for the milk sold in the total income or income from agricultural production for the calendar year preceding the date of application is greater than or equal to 30%, the applicant fulfils the conditions laid down in this Regulation and throughout the calendar year complies with the conditions of good agricultural and environmental condition set out in Annexes 2 and 4 to Government Regulation No 48 / 2017 Coll., establishing the requirements under the acts and standards of good agricultural and environmental condition for the areas of cross compliance and the consequences of non-compliance for the granting of certain agricultural aid, and failing to provide, where appropriate, a reduction or non-payment under the provisions of the European Union1 Regulation, or Article 5; or
(b) at half the rate if the proportion of income or income for the milk sold in the total income or income from agricultural production for the calendar year preceding the date of application is greater than or equal to 15% and less than 30%, the applicant shall comply with the conditions laid down in this Regulation and comply with the good agricultural and environmental conditions set out in Annexes 2 and 4 to Government Regulation No 48 / 2017 Coll. and where there is no fact leading to a reduction or, where appropriate, no payment under the European UnionRegulation (1), or Article 5.
(3) The Fund provides payment where the total number of livestock units is at least 2 livestock units.
(4) The Fund grants payment where the total amount of direct payments applied for or to be granted before the application of reductions and exclusions from payments in a given calendar year is at least EUR 100).
(5) The Fund will not grant a cow payment for which a suckler cow payment is requested in the same calendar year).
(6) The payment referred to in paragraphs 1 to 4 shall be made by the Fund for Applications submitted in 2012 and thereafter under another Legislative Act (19).
Reduction of payment or rejection
(1) If the Fund finds that the applicant has served the application after the time limit laid down in Article 3 or, where appropriate, amend the application after the time limit laid down in European Union9), it shall reduce the payment or reject the application in accordance with European Union9).
(2) If the Fund finds that the number of livestock units kept by the applicant on 31 March of the relevant calendar year is greater than the number of livestock units indicated in the application, it shall use the number of livestock units indicated in the application to calculate the payment.
(3) If the Fund finds that the number of livestock units kept by the applicant on 31 March of the calendar year concerned is lower than the number of livestock units indicated in the application, it shall reduce the payment or reject the application in accordance with European Union10).
(4) If the Fund finds cases of irregularities concerning the system for the identification and registration of bovine animals, it shall reduce the payment or reject the application in accordance with European Union11).
(5) If the Fund finds that the applicant has not indicated all the area in the application referred to in Article 3 in accordance with European Union12), and the difference between the total area in the application and the total total area in the application and the non-declared application is:
(a) more than 3% but less than or equal to 4% of the area declared in the application, reduce the payment by 1% 12),
(b) more than 4% but less than or equal to 5% of the area indicated in the application, reduce the payment by 2% 12),
(c) higher than 5% of the area declared in the application, reduced the payment by 3% 12).
(6) Where the percentage of income or income for the milk sold is found to be lower than the percentage of income or income for the total income or income from the agricultural production sold for the calendar year preceding the date of the application ("the declared proportion ') and the difference between the percentage found and the percentage declared is:
(a) no more than 3% of the proportion determined, the Fund shall reduce the corresponding payment to the applicant by 5% to the percentage determined for which the applicant has fulfilled the conditions for payment;
(b) above 3% and up to 30% of the proportion determined, the Fund shall reduce the corresponding payment to the applicant by 20% to the percentage determined for which the applicant has fulfilled the conditions for payment;
(c) more than 30% of the share determined, the Fund shall not make a payment.
Publication of payments
The amount of the payment rate referred to in Article 4 shall be published by the Fund by 30 November of the relevant calendar year at the latest in a way that allows remote access and in at least one national diary.
Efficacy
This Regulation shall enter into force on 1 April 2010, except for point 11 of the Annex to this Regulation, which shall take effect on 1 January 2012.
Prime Minister:
Ing. Fischer, CSc., v. r.
Minister for Agriculture:
Ing. Shebesta v. r.
1) Regulation (EC) No 1760 / 2000 of the European Parliament and of the Council of 17 July 2000 establishing a system for the identification and registration of bovine animals and regarding the labelling of beef and beef products and repealing Council Regulation (EC) No 820 / 97, 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, as amended. Commission Regulation (EC) No 1120 / 2009 of 29 October 2009 laying down detailed rules for the implementation of the single payment scheme provided for in Title III of Council Regulation (EC) No 73 / 2009 establishing common rules for direct support schemes under the common agricultural policy and establishing certain support schemes for farmers. Commission Regulation (EC) No 1122 / 2009 of 30 November 2009 laying down detailed rules for the implementation of Council Regulation (EC) No 73 / 2009 as regards cross-compliance, modulation and an integrated administration and control system under the direct support schemes for farmers provided for in that Regulation and Council Regulation (EC) No 1234 / 2007 as regards cross-compliance under the direct support scheme for the wine sector.
2) Act No. 154 / 2000 Coll., on the Breeding, Breeding and Registration of Livestock and on the Amendment of Certain Related Laws (Breeding Act), as amended by Act No. 309 / 2002 Coll., Act No. 162 / 2003 Coll., Act No. 282 / 2003 Coll., Act No. 444 / 2005 Coll. and Act No. 130 / 2006 Coll.
3) Article 11 of Commission Regulation (EC) No 1122 / 2009.
4) Article 12 of Commission Regulation (EC) No 1122 / 2009.
5) Article 13 of Commission Regulation (EC) No 1122 / 2009.
6) Chapter 1 of Title II of Council Regulation (EC) No 73 / 2009, as amended. Part II, Title III, Chapter III of Commission Regulation (EC) No 1122 / 2009.
8) Paragraph 8 of Decree No. 112 / 2008 Coll., on certain conditions for granting national additional payments to direct aid, as amended.
9) Article 23 of Commission Regulation (EC) No 1122 / 2009.
10) Article 65 of Commission Regulation (EC) No 1122 / 2009.
11) Article 63 of Commission Regulation (EC) No 1122 / 2009.
12) Article 55 of Commission Regulation (EC) No 1122 / 2009.
13) § 2 (h) of Act No. 156 / 1998 Coll., on fertilisers, soil aids, auxiliary plant preparations and substrates and on agrochemical testing of agricultural soils (Fertilisers Act), as amended by Act No. 9 / 2009 Coll.
14) § 7 of Decree of the Ministry of Agriculture No. 274 / 1998 Coll., on the storage and use of fertilisers, as amended by Decree No. 91 / 2007 Coll.
15) For example, Article 75 of Act No. 114 / 1992 Coll., on Nature and Landscape Protection, as amended by Act No. 132 / 2000 Coll., Act No. 76 / 2002 Coll., Act No. 320 / 2002 Coll. and Act No. 218 / 2004 Coll.
16) For example, Act No. 114 / 1992 Coll., as amended, Decree No. 79 / 2007 Coll., on the conditions for implementing agri-environment measures, as amended.
17) Paragraph 8 (1) (a) and (b) of Act No. 254 / 2001 Coll., on Water and on the amendment of certain laws (Water Act).
18) Government Decree No. 103 / 2003 Coll., on the determination of vulnerable areas and on the use and storage of fertilisers and manure, crop rotation and the implementation of anti-erosion measures in these areas, as amended.
19) Paragraph 7 of the Government Decree No. 60 / 2012 Coll., laying down certain conditions for granting specific support to farmers.
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Regulation Information
| Citation | Government Regulation No. 87 / 2010 Coll., laying down certain conditions for the payment of cows kept in a system with market milk production |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 31.03.2010 |
|---|---|
| Effective from | 01.04.2010 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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