Government Decree No. 95 / 2008 Coll.
Government regulation laying down certain conditions for granting separate payment for tomatoes for processing
Valid
Regulation
Effective from 15.03.2008
95
GOVERNMENT REGULATION
of 5 March 2008
laying down certain conditions for granting separate payment for tomatoes for processing
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., hereinafter referred to as "the Act ', and under § 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 granting separate payment for tomatoes for processing (hereinafter referred to as "tomato payment ') to the State Agricultural Intervention Fund (hereinafter referred to as" the Fund') following the directly applicable regulation of the European Community1.
Applicant for tomato payment
(1) A natural or legal person may apply for the payment of tomatoes for the calendar year in question:
(a) manage agricultural land registered in the register of use of agricultural land according to user relations (Sections 3a and 3b of the Act);
(b) conclude, for the 2006 / 2007 marketing year, a contract for the supply of tomatoes with a fruit and vegetable producer organisation (3), based in the Czech Republic,
(c) deliver to the Fund an application for a single area payment of agricultural soils (4) for the calendar year for which it applies for the tomato payment; and
(d) complies with the conditions of good agricultural and environmental condition set out in Annexes 2 and 4 to Government Regulation No 48 / 2017 Coll., laying down requirements under the acts and standards of good agricultural and environmental condition for the areas of cross compliance rules and the consequences of their infringement for the granting of certain agricultural aid;
("the applicant ').
(2) An application for a payment for tomatoes may also be made by a person who is the legal successor of the applicant who would fulfil the conditions for granting the payment for tomatoes or for whom the rights and obligations have been transferred as a result of the transfer of the undertaking or the lease of the enterprise (6).
(3) The application for a tomato payment may also be lodged by the person who has taken over the applicant's agricultural land under the conditions laid down in the Government Regulation laying down the conditions for granting the subsidy in connection with the early cessation of the agricultural activity of the agricultural business7), or under the conditions laid down directly by the applicable legislation (8), which would fulfil the conditions for granting the tomato payment under this Regulation.
(4) The facts referred to in paragraphs 2 and 3 shall be substantiated by the applicant for the Fund at the same time as the request for payment for tomatoes, including the manner and extent of transfer or transfer of rights and obligations relating to the conditions for granting the payment for tomatoes. However, in those cases it shall not be entitled to submit an application to the Fund by a person who could otherwise be an applicant under this Regulation.
Application for payment for tomatoes
(1) The applicant shall submit to the Fund an application for payment for tomatoes for the relevant calendar year (hereinafter referred to as "the application") by 15 May of the relevant calendar year using the form issued by the Fund.
(2) The applicant shall attach to the application the contract for the supply of tomatoes referred to in Article 2 (1) (b) or an officially certified copy thereof, unless it has been delivered with the application in one of the previous calendar years.
Compensation for financial discipline
(1) Under the regulation of the European Union governing the financing, management and monitoring of the common agricultural policy (17), the relevant calendar year for offsetting the financial discipline is the calendar year of the application for payment for tomatoes.
(2) Compensation for the financial discipline shall be made for the applicant for the tomato payment for which the Fund has made an adjustment for the tomato payments granted following the application for the tomato payment submitted in the relevant calendar year.
(3) The percentage of compensation for the financial discipline shall be determined by the Fund by the ratio of the amount notified by the European Commission to the sum of all the amounts of the adjustment of the tomato payments made in the relevant calendar year for applicants referred to in paragraph 2.
(4) The Fund shall determine by decision the amount of compensation to the applicant for the payment of tomatoes by multiplying the percentage of compensation to the financial discipline referred to in paragraph 3 by the amount of adjustment to the payments to the applicant for tomatoes in the relevant calendar year and shall make payment to the compensation to the financial discipline by 16 October of the calendar year following the submission of the request for payment for tomatoes in the relevant calendar year.
Payment for tomatoes
(1) The Fund provides the applicant with a payment for tomatoes for the relevant calendar year for the quantity of tomatoes negotiated with the fruit and vegetable producer organisation (3) under the contract for the supply of tomatoes for the 2006 / 2007 marketing year.
(2) When fixing the rate of payment for tomatoes for the relevant calendar year per tonne of tomatoes, the total amount for the payments for tomatoes fixed for the relevant calendar year shall be determined in accordance with the directly applicable regulation of the European Communities (9) and the quantity of tomatoes agreed in the contracts for the 2006 / 2007 marketing year with the fruit and vegetable producer organisation (3) to the applicant who has delivered contracts for the supply of tomatoes for the 2006 / 2007 marketing year, or their officially certified copies, delivered to the Fund.
(3) The Fund shall publish the rate of payment per tonne of tomatoes for the relevant calendar year referred to in paragraph 2 by 30 November of the relevant calendar year in at least one national logbook and in a manner that allows remote access.
(4) Where a single agricultural area payment has not been granted to the applicant for the calendar year for which he applies for the payment for tomatoes, the Fund shall not grant the applicant a payment for tomatoes under this Regulation.
Reduction of the payment for tomatoes
If the Fund finds that the applicant did not indicate all the area in the application pursuant to Article 2 (1) (c) in accordance with the rules of the European Communities (10) 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% 10),
(b) more than 4% but less than or equal to 5% of the area declared in the application, reduce the payment by 2% 10),
(c) higher than 5% of the area declared in the application, reducing the payment by 3% 10).
Efficacy
This Regulation shall enter into force on 15 March 2008.
Prime Minister:
Ing. Topolánek v. r.
Minister for Agriculture:
Mgr. Gandalovich v. r.
1) Article 143 bb of Council Regulation (EC) No 1782 / 2003 of 29 September 2003 establishing common rules for direct support schemes under the common agricultural policy and establishing certain support schemes for farmers and amending Regulations (EEC) No 2019 / 93, (EC) No 1452 / 2001, (EC) No 1453 / 2001, (EC) No 1454 / 2001, (EC) No 1868 / 1994, (EC) No 1251 / 1999, (EC) No 1254 / 1999, (EC) No 1673 / 2000, (EC) No 2358 / 71 and (EC) No 2529 / 2001, as amended.
2) 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.
3) Article 11 of Council Regulation (EC) No 2200 / 1996 of 28 October 1996 on the common organisation of the market in fruit and vegetables, as amended.
4) Government Decree 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 from land put up for rest.
6) Sections 488b to 488h of the Commercial Code.
7) Decree of the Government No. 69 / 2005 Coll., laying down the conditions for granting the subsidy in connection with the early cessation of the agricultural activity of an agricultural entrepreneur, as amended.
8) 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).
9) Annex VIIIa to Council Regulation (EC) No 1782 / 2003, as amended.
10) Article 14 (1) and (1a) of Commission Regulation (EC) No 796 / 2004, as amended.
11) § 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.
12) § 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.
13) For example, § 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.
14) For example, Act No. 114 / 1992 Coll., as amended, Decree No. 79 / 2007 Coll., on the conditions for implementing agri-environment measures, as amended.
15) Paragraph 8 (1) (a) and (b) of Act No. 254 / 2001 Coll., on Water and on the amendment of certain laws (Water Act).
16) 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.
17) Article 26 of Regulation (EU) No 1306 / 2013 of the European Parliament and of the Council of 17 December 2013 on the financing, management and monitoring of the common agricultural policy and repealing Council Regulations (EEC) No 352 / 78, (EC) No 165 / 94, (EC) No 2799 / 98, (EC) No 814 / 2000, (EC) No 1290 / 2005 and (EC) No 485 / 2008.
Sign in for notes, favorites and notifications
Regulation Information
| Citation | Government Decree No 95 / 2008 Coll., laying down certain conditions for granting separate payment for tomatoes for processing |
|---|---|
| Regulation Type | Regulation |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 14.03.2008 |
|---|---|
| Effective from | 15.03.2008 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
Comments 0