Government Decree No. 99 / 2008 Coll.
Government Regulation amending Government Regulation No. 242 / 2004 Coll., on the conditions for implementing measures to promote the development of non-production functions of agriculture consisting of the protection of environmental components (on the implementation of agri-environmental measures), as amended
Valid
Regulation
Effective from 31.03.2008
Text versions:
31.03.2008
26.03.2008
99
GOVERNMENT REGULATION
of 10 March 2008
amending Government Regulation No 242 / 2004 Coll., on the conditions for implementing measures to promote the development of out-of-production functions of agriculture in order to protect environmental compartments (on the implementation of agri-environmental measures), as amended
The Government hereby orders, pursuant to Section 2c (5) of Act No. 252 / 1997 Coll., on Agriculture, as amended by Act No. 85 / 2004 Coll., (hereinafter referred to as "the Act '), to implement Section 2c (2) (b) of the Act and under Section 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.:
Government Decree No. 242 / 2004 Coll., on the conditions for implementing measures to promote the development of non-production functions of agriculture consisting of the protection of environmental components (on the implementation of agri-environmental measures), as amended by Government Decree No. 542 / 2004 Coll., Government Decree No. 119 / 2005 Coll., Government Decree No. 515 / 2005 Coll., Government Decree No. 351 / 2006 Coll. and Government Decree No. 81 / 2007 Coll., is amended as follows:
1. In Article 5, at the end of the text of paragraph 7, the words "and, where appropriate, the exclusion of this measure from the relevant agri-environmental measure from the beginning of the relevant five-year period 'shall be added.
2. Paragraph 5 (8) reads as follows:
"(8) The applicant shall submit to the Fund an application for a reduction in the allocated area of agricultural land if the reduction in the area of agricultural land included in the relevant agri-environmental measure is due to the facts referred to in paragraph 5 or 7.
(a) during the period from the date of submission of the application for grant until 31 December of the calendar year concerned, no later than 31 January of the following calendar year for the measure:
1. under Paragraph 2 (1) (a), (b), (d) or (e); or
2. pursuant to Paragraph 2 (1) (c) (1), (2), (4) or (5); or
(b) during the period from the date of submission of the application for the grant no later than 31 March of the following calendar year, no later than 30 April of the following calendar year for the measure referred to in Article 2 (1) (c) (3) or (6);
the application submitted after that date, if not for the application referred to in paragraph 9, the Fund shall reject the application. Where an applicant submits an application for reduction of the allocated area of agricultural land as a result of the facts referred to in paragraph 5, he shall no longer submit an application for modification of the application for the grant of the relevant calendar year. The time limits referred to in this paragraph shall not apply to notifications of intervention of a higher power (9). ';
3. in Article 7 (7) (a), the words "the opening of which shall be notified in writing to the Fund at least 7 calendar days in advance," and the words "the grazing period may be interrupted on the basis of a written notification by the applicant stating the length of the interruption and delivered to the Fund at least 2 days before the start of the interruption, with the exception of the interruption caused by the intervention of a higher power 9) ';
4. in Article 7 (7) (e), the words "and after the end of the grazing period referred to in (a) shall be delivered to the Fund within 20 calendar days; where the pastoral log is kept digitally, the applicant shall submit to the Fund a signed computerised output" deleted and, at the end of the text of point (e), the words "the pastoral log is the applicant if it has not been delivered by the Fund within 20 calendar days of the end of the pastoral period referred to in point (a), it shall submit to the Fund, in the five years following the year in which it was kept '.
Footnote 20a:
"(20a) Article 25 to 40 of Commission Regulation (EC) No 796 / 2004."
5. In Article 7, at the end of paragraph 7, the dot is replaced by a comma and the following point (i) is added:
"(i) announces the opening of the reference period in writing to the Fund by 8 June of the calendar year at the latest; The grazing period may be interrupted on the basis of a written notification by the applicant indicating the length of the interruption and received by the Fund at least 2 days before the date of the commencement of the interruption, except for those resulting from the intervention of a higher power 9). ';
6. In Article 7 (8) (c) (1), the words "the opening of which shall be notified in writing to the Fund at least 7 calendar days in advance," and the words "the grazing period may be interrupted on the basis of a written notification by the applicant stating the length of the interruption and received by the Fund at least 2 days before the start of the interruption, with the exception of interruptions caused by the intervention of higher power 9) 'are deleted.
7. in Article 13 (5) (a), the words "60 to 70 kg per ha" shall be deleted;
8. In Article 13 (5), the words "but not later than 31 May of the calendar year 'shall be added at the end of the text in point (b).
9. In Article 13, at the end of paragraph 5, the dot is replaced by a comma and the following point (e) is added:
"(e) in the case of sown areas of more than 12 metres wide, the indication of the actual boundary of the bio-belt shall ensure visibly in the field."
10. in Article 14a (4) (a), the words "apply plant protection products 24a) listed in Part A of Annex 11 to this Regulation" shall be replaced by "do not apply plant protection products 24a) containing at least one active substance listed in Part A of Annex 11 to this Regulation."
11. in Article 14a (4) (h), the words "each soil block" are replaced by the words "planted areas of a given type of wood on the soil block."
12. in Article 14a (5) (a), the words "apply plant protection products 24a) listed in Part B of Annex 11 to this Regulation" shall be replaced by the words "do not apply plant protection products 24a) containing at least one active substance listed in Part B of Annex 11 to this Regulation."
13. in Article 14a (5) (e) (1) and (2):
"1.6. Application of plant protection products against vine fungus, not using products containing at least one active substance listed in Part B of Annex 11 to this Regulation,
2. 6 applications of plant protection products against grapevine, not using products containing at least one active substance listed in Part B of Annex 11 to this Regulation, '.
14. in Article 14a (6), the third sentence shall be replaced by the following: "The applicant shall, within 20 days of the date of planting of the fruit orchard or vineyard, notify the Fund of this fact on the form it has issued." and after the third sentence, the sentence "The applicant may make the planting of the fruit orvine or vineyard on another soil block or part thereof, together with the notification of the planting of the fruit orchard or vineyard, shall be inserted:" The applicant may make a new classification decision. "
15. in Article 16 (1) (b) (1), "or (e)" is replaced by "(e) or (i)";
16. In Article 16, at the end of paragraph 2, the dot is replaced by a comma and the following point (e) is added:
"(e) a breach of the condition referred to in point 5 of the principles, unless such breach makes it impossible to control the conditions referred to in Articles 7 (5) (b), 7 (6) (c), 7 (7) (g), 9 (6) (c) and 14a (5) (c)."
17. In Article 16, at the end of paragraph 6, the dot is replaced by a comma and the following point (c) is added:
"(c) 3% if the Fund finds that the condition referred to in Article 13 (5) (e) has been met by the applicant when applying the landscape care scheme."
18. In Article 18, the words "where such infringement makes it impossible to control the conditions set out in Articles 7 (5) (b), 7 (6) (c), 7 (7) (g), 9 (6) (c) and 14a (5) (c) 'shall be added at the end of the text of point (a).
19. in Article 20 (a), the words "where that breach has repeatedly prevented the control of the conditions referred to in Articles 7 (5) (b), 7 (6) (c), 7 (7) (g), 9 (6) (c) and 14a (5) (c)," shall be inserted after the words "principles";
20. Paragraph 22 (6), including footnote 25a, is deleted.
21. In Annex 1, point 2, the words "or Government Decree No 79 / 2007 Coll., on the conditions for the implementation of agri-environmental measures," shall be inserted after the words "this Regulation."
22. Annex 11 shall read as follows:
"Annex No. 11 to Government Decree No. 242 / 2004 Coll.
List of active substances which may not be included in plant protection products used in the context of the sub-measure of integrated systems for the cultivation of fruit or vine according to § 14a (4) (a) and § 14a (5) (a) and (e)
A. Prohibited active substances in plant protection products (fruit trees and shrubs)
alpha- cypermethrin
bifenthrin
carbofuran
cypermethrin
deltamethrin
dimethoate
fenazaquine
fenpyroximate
chlorpyrifos
chlorothalonil
lambda- cyhalothrin
pirimiphos-methyl
Pyrethrins (= mixture of natural pyrethroids)
triazamate
zeta-cypermethrin
B. Prohibited active substances in plant protection products (vine)
alpha- cypermethrin
bifenthrin
carbofuran
cypermethrin
deltamethrin
dichlobenil
dimethoate
diquat dibromide
fenazaquine
phenithrothion
fenpyroximate
chlorpyriphos-methyl
chlorpyrifos
chlorothalonil
lambda- cyhalothrin
paraquat
pirimiphos-methyl
propyzamide
Pyrethrins (= mixture of natural pyrethroids)
terbuthylazine
triazamate
zeta-cypermethrin. ';
Transitional provision
Proceedings pending on the date of entry into force of this Regulation shall be completed in accordance with existing legislation, with the exception of the provisions of § 7 (7) (a) and (i), § 7 (8) (c) (1), § 16 (1) (b) (1), § 16 (2) (e), § 18 (a), § 20 (a) and Annex 1 (2) to Government Regulation No 242 / 2004 Coll., as effective from the date of entry into force of this Regulation, which shall also apply to these proceedings.
Efficacy
This Regulation shall enter into force on 31 March 2008.
Prime Minister:
Ing. Topolánek v. r.
Minister for Agriculture:
Mgr. Gandalovich v. r.
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Regulation Information
| Citation | Government Regulation No. 99 / 2008 Coll., amending Government Regulation No. 242 / 2004 Coll., on the conditions for implementing measures to promote the development of out-of-production agricultural functions consisting in the protection of environmental compartments (on the implementation of agri-environmental measures), as amended |
|---|---|
| Regulation Type | Regulation |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 26.03.2008 |
|---|---|
| Effective from | 31.03.2008 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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