On The Conditions Of The Granting Of National Aid Of Additional Payments

Original Language Title: o podmínkách poskytování národních doplňkových plateb k podporám

Read the untranslated law here: https://portal.gov.cz/app/zakony/download?idBiblio=66942&nr=112~2F2008~20Sb.&ft=txt

112/2008 Sb.



REGULATION OF THE GOVERNMENT



of 26 March. March 2008



on the determination of certain terms of the provision of national supplementary payments

to direct aid



Change: 480/2009 Sb.



Change: 86/2010 Sb.



Change: 87/2011 Sb.



Change: 87/2011 Coll. (part)



Change: 107/2012 Sb.



Change: 332/2012 Sb.



Change: 298/2013 Sb.



Modified: 29/2014 Sb.



Change: 50/2015 Sb.



Change: 185/2015 Sb.



The Government ordered pursuant to section 2b, paragraph. 2 of law No. 252/1997 SB., about

Agriculture, as amended by Act No. 128/2003 Coll. and Act No. 441/2005 Coll.

and according to § 1 (1). 3 of Act No. 256/2000 Coll., on the State farm

the intervention of the Fund and on the amendment of certain other laws (the law on the State

the agricultural intervention fund), as amended by Act No. 441/2005 Coll.:



§ 1



The subject of the edit



This regulation lays down further to the directly applicable provisions

The European Union ^ 1) some conditions for the granting of national supplementary

payments and transitional national aid (hereinafter referred to as "payment") to direct

aid State agricultural intervention fund ^ 2) (hereinafter referred to as "the Fund").



§ 2



The request for payment



(1) on application payment will be provided at a



and) hops,



(b)), cattle, sheep, goats (hereinafter referred to as "ruminant"),



c) sheep, goats,



(d) the breeding of cows without market), milk production,



e) agricultural land,



(f)) for the production of starch potatoes.



(2) the applicant for the grant of payments referred to in paragraph 1 the Fund shall transmit a request for the

its disclosure to 15. in May of the calendar year and on the

form issued by the Fund for the calendar year within the single

application ^ 21). Part of the application of the Treaty, the decisions and are further laid down

documents, or their certified copies.



§ 3



cancelled



§ 4



cancelled



§ 5



Payment on the hops



(1) the applicant for the payment on the hops can be a natural or legal person,



and that was for) 31. March 2007 led by agricultural land records

land use by user relations (hereinafter referred to as "the register") as

hops [§ 3 (b), (d)), the law on Agriculture], which was eligible to

granting the single payment area agricultural land ^ 5),



(b)) which was raised on the farm land under (a)) hops on an area of

at least 1 ha.



(2) the applicant shall state in the request the total acreage of soil blocks or

parts of soil blocks (§ 3a of the Act on Agriculture), 31. March

2007 the applicant maintained in a register as a hop garden [§ 3 (b), (d)) of the Act

on Agriculture], which was grown hops.



(3) the Fund shall provide the applicant with the payment on the hops on the acreage of agricultural land,

that was



and) 31. March 2007 in the records kept on the applicant as hops [§ 3i

(a). (d)) of the law on Agriculture] and it was grown hops,



(b)) in the register of registered as eligible for granting the single payment on

the area of the agricultural land ^ 5).



§ 6



Payment for ruminants



(1) the applicant for the payment of the ruminants may be natural or legal

a person who, on 31 December. March 2007 acted ruminants on the holding

registered in the central register by law plemenářského ^ 6)

(hereinafter referred to as "central register").



(2) in the event that the applicant for payment to ruminants have been in the period from 1.

August 2006 to 31 December 2006. March 2007, ordered by decision of the competent regional

Health Administration emergency veterinary measures in the presence of

dangerous disease ^ 7), in which the killing was ordered or required

the slaughter of ruminants, it is considered the status kept

ruminants in accordance with paragraph 1, their status is registered in the Central

register as of 31. July 2006.



(3) the part of the request for payment on the ruminants in the case referred to in paragraph 1

the document is from the Central evidence proving the status of breeding ruminant

kept by the applicant to the 31. March 2007, including the identification numbers

ruminants and their dates of birth, where appropriate, the registration of the data to

the central register, according to data from the central register, and the calculation of large

livestock units, if this document has not been served with a Pool of applications for

ruminants in a payment from the previous calendar years; in

this case is based on the Fund when deciding on payment to ruminants of

of this document.



(4) the part of the request for payment on the ruminants in the case referred to in paragraph 2

is



and from the central register) evidence proving the status of breeding ruminant

the applicant, on the date 31. in July 2006, including the identification numbers

ruminants and their dates of birth, where appropriate, the registration of the data to

the central register, according to data from the central register, and the calculation of large

livestock units, if you provide the Fund with the applications for payment on

ruminants in a previous calendar year,



(b) a copy of the written copy of the decision) County

Veterinary Administration of the regulation of extraordinary measures in the veterinary

the occurrence of dangerous disease ^ 7), if the applicant did not provide the Fund with the

requests for payment to ruminants in one of the previous calendar

years.



In this case, based on the Fund when deciding on payment to the ruminants

of the documents referred to in points (a) and (b))).



(5) conversion factors for the determination of the number of livestock

units for payment on the ruminants are listed in part A of the annex to the

of this regulation.



(6) the Fund shall provide the applicant with a payment on ruminants on the total number of

livestock units laid down according to the number of ruminants

the basis of the document referred to in paragraphs 3 and 4, with a condition for the granting of

the payments are at least 2 livestock units.



section 7 of the



Payment on the sheep, or of the goats



(1) the applicant for the payment of the sheep, or of the goats can be

natural or legal person who acts sheep ^ 9) acts

tits ^ 9) at least from the 1. until 31 December 2006. July of the calendar

year on the economy registered in the central register.



(2) the applicant shall demonstrate to the Fund 30. September of the calendar year

document proving the status of the central register of female sheep or goats

raised by the applicant, at least from the 1. until 31 December 2006. July, the competent

the calendar year, including the identification numbers and dates of birth,

where appropriate, the registration in the central register of the data according to the data of the Central

evidence, and the calculation of the livestock units.



(3) conversion factors for the determination of the number of livestock

units for payment on sheep, goat rearing, where applicable, are listed in the

part B of the annex to this regulation.



(4) the Fund shall provide the applicant with the payment to the sheep, or of the goats

the total number of livestock units, laid down by the number of

kept sheep, goats, where appropriate, on the basis of the document referred to in paragraph 2,

While the condition for granting the payments are at least 2 livestock

unit.



§ 8



Payment on the breeding of cows without market milk production



(1) the applicant for the payment on the breeding of cows without market milk production can be

natural or legal person who acts suckler

milk ^ 10), with the exception of those listed in Commission Regulation (EC)

detailed implementing rules for Council Regulation (EC) support

common rules for direct support schemes under the common agricultural

^ 11), policy on the economy registered in the central register at least

for the period from 1. until 31 December 2006. July of the calendar year.



(2) the applicant shall demonstrate to the Fund 30. September of the calendar year

document proving the status of the central register of cows without market production

milk raised by the applicant, at least from the 1. until 31 December 2006. July

the calendar year, including the identification numbers and data

birth or registration in the central register of the data according to the data from the

the central register, and the calculation of the livestock units.



(3) conversion factors for the determination of the number of livestock

units for payment on the breeding of cows without market milk production are listed in the

part B of the annex to this regulation.



(4) the Fund shall provide the applicant with a payment on the breeding of cows without market milk production

the total number of livestock units, laid down by the number of

bred cows without market milk production on the basis of the document referred to in

paragraph 2, the condition for the grant of payments on the breeding of cows without

market of milk production are at least 2 livestock units.



(5) the Fund shall be granted to the applicant on the breeding of cows without the payment of market production

the milk cow, which is in the same calendar year required

payment to a cow in a system with market milk production ^ 20).



§ 9



Payment on agricultural land



(1) the applicant for the payment of agricultural land may be natural or

legal person who, in the calendar year of the request for

single area payment in accordance with section 3 of Decree-Law No 47/2007 Coll.

the determination of certain terms of the single area payment

agricultural land and some of the conditions of provision of information on the processing of

agricultural products originating in the land referred to a standstill.



(2) the Fund shall provide the applicant with the payment of agricultural land, on which the applicant in the

the calendar year has asked and has met the conditions for granting

single area payment of agricultural land under section 4 of the Government Ordinance No.

47/2007 Coll., on the determination of certain terms of the single payment
in the area of agricultural land and some of the conditions of provision of information on

the processing of agricultural products originating in the land referred to in

calm. ".



§ 10



Payment on the potatoes for the manufacture of potato starch



(1) the applicant for the payment on the potatoes for the manufacture of potato starch may be natural

or legal person who, for the marketing year 2011/2012 has closed to

March 31, 2011, for the production of potato starch processor of the Treaty on

the cultivation of potatoes for the manufacture of potato starch in accordance with government regulation, which

lays down certain procedures for the implementation of the common market organisation

starch ^ 12).



(2) the applicant shall attach to the application a copy of the contract for the cultivation of potatoes for

the production of starch, closed for the 2011/2012 marketing year by regulation

the Government, which lays down certain procedures for the implementation of the common

the Organization of the market in starch ^ 12), if it did not provide the Fund with applications for

payment on the potatoes for starch production in one of the previous

calendar years.



(3) the Fund shall provide the applicant with a payment on potatoes for starch

the quantities of potato starch provided for in the Treaty under paragraph 1.



§ 11



The publication of the above payments



The amount of the payments referred to in sections 5 to 10 of the Fund shall be published not later than 30 June 2005. November

the calendar year in a manner enabling remote access and

in at least one journal with statewide jurisdiction in the manner laid down by the

directly applicable EU regulation laying down common

rules for direct support schemes under the common agricultural

policy ^ 13).



§ 12



A reduction in payment or rejection of applications



(1) if the applicant shall deliver the request for the grant of payments provided for in article 2, or

the document referred to in section 7 (2). 2, or section 8 (2). 2 after the deadline, but the

a maximum of 25 calendar days after the expiry of this period, while the other

the conditions laid down in this regulation, the Fund will provide him the payment

reduced by 1% of the total amount of the corresponding payment for every working day

late submission of the request, where appropriate, of the document; If the applicant shall deliver to the

a request for payment, where applicable, the document until after the expiry of this extended

the time limit, the applicant fails to provide payment to the Fund.



(2) if the applicant has not been awarded in the payment calendar year

single payment area agricultural land ^ 14), fund the payment to the applicant

in accordance with this regulation. If the applicant has not been granted for payment of the

in the calendar year the single area payments, agricultural

soil ^ 14) on the soil block or part of the soil block Fund

the payment to the applicant pursuant to section 9 of this soil block, or volume of soil

the block does not provide.



(3) if the number of livestock units of sheep, goats or cows without

market of milk production, raised by the applicant on payment under section 7 and 8

at least from 1. until 31 December 2006. July of the calendar year

less than the number of livestock units of sheep, goats or cows without

market of milk production, to which the applicant has applied for the grant of payments,

and it



and for a maximum of 3%), this Fund will provide payment to the applicant of the number of large

livestock units of sheep, goats or cows without market milk production,

kept this applicant at least from 1. until 31 December 2006. July

the calendar year established by the Fund,



(b)) by more than 3% and not more than 20%, the Fund will provide the applicant

the payment attributable to the Fund established the number of livestock units

sheep, goats or cows without market milk production, kept this applicant

at least from 1. until 31 December 2006. July of the calendar year,

reduced by the amount of payments corresponding to twice the difference between the number of

The Fund recorded livestock units of sheep, goats or cows without

market of milk production, and the number of livestock units of sheep, goats

or cows without market milk production, to which the applicant has applied for the grant of

payments.



(4) if the number of livestock units of sheep, goats or cows without

market of milk production, raised by the applicant on payment under section 7 and 8

at least from 1. until 31 December 2006. July of the calendar year

lower by more than 20% than the number of livestock units of sheep, goats

or cows without market milk production, to which the applicant has applied for the grant of

payments, Fund payment to breeding sheep, goats or cows without market production

the applicant does not provide the milk.



(5) if the number of livestock units of ruminants of the applicant for

payment pursuant to § 6 of 31. in July 2006, where appropriate, the date of 31. March

2007, lower than the number of livestock units, on which the

the applicant has applied for the grant of payments,



and for a maximum of 3%), the Fund shall provide such payment to the applicant of the actual

the number of livestock units kept by the applicant on the date of ruminants

July 31, 2006, or on the date of 31. in March 2007,



(b)) by more than 3% and not more than 20%, the Fund will provide the applicant

the payment attributable to the number of livestock units of ruminants

raised by the applicant on the date of 31. in July 2006, where appropriate, the date of 31.

in March 2007, reduced by the amount of payments corresponding to twice the difference

between the number of livestock units and the number of large ruminants

ruminant livestock units referred to in the application for the grant of payments

According to § 6.



(6) if the number of livestock units of ruminants of the applicant for

payment pursuant to § 6 of 31. in July 2006, where appropriate, the date of 31. March

2007, lower by more than 20% than the number of livestock units

ruminants, on which the applicant has applied for the grant of payments, Fund payment

According to § 6 shall be granted to the applicant.



(7) If you have not complied with the conditions laid down in this regulation in the

due to force majeure, reduction, non-payment or refund

not ^ 15).



(8) where the total amount of the payments referred to in section 5 to 10, which is to be

the applicant, on the basis of his application for less than $ 500, the Fund

This payment to the applicant.



(9) in the assessment of applications for payment for the year 2015, the Fund does not apply a reduction

payment or rejection of the request referred to in paragraph 1, if the request was

delivered to 29. may 2015.



section 13



(1) the Fund in decision-making and the provision of payment in accordance with the regulation

Commission Regulation (EC) no 1122/2009 of 30. November 2009 laying down

detailed rules for the application of Council Regulation (EC) No 73/2009 as regards the

cross-compliance, modulation and the integrated control system schemes

direct aid to farmers referred to in regulation, and the regulation of the Council

(EC) No 1234/2007, as regards cross-compliance in the framework of the direct support scheme

for the wine sector, and according to this regulation.



(2) the Fund for the calculation of the figures referred to in this Regulation shall apply

mathematical rounding to 2 decimal places.



(3) an application under section 5, 6 or 10 may be submitted also to the person who is the legal

the successor to the applicant, which fulfilled the conditions the grant of payments provided for in

This regulation, or the rights and obligations of which passed as a result of

the transfer of an undertaking or business lease ^ 17).



(4) an application under section 5, 6 or 10 may be submitted also by the person who took the

agricultural land of the applicant under the conditions laid down in the regulation of the Government of

the determination of the conditions for the granting of subsidies in the context of the early

termination of operation of the agricultural activities of agricultural entrepreneurs ^ 18),

where applicable, under the conditions laid down by the regulation directly applicable European

the Union, governing support for rural development from the European agricultural

Fund for rural development ^ 19), which would have fulfilled the conditions of granting

payments under this regulation.



(5) in the cases referred to in paragraphs 3 and 4, however, is not entitled to submit a request

Fund the person that could be a payment by the applicant pursuant to this

of the regulation.



(6) the facts referred to in paragraphs 3 and 4, applicants shall Fund

at the same time with the application for the grant of payments, including the method and extent of the

the conversion or transfer of rights and obligations relating to the conditions

grant payments.



§ 14



The effectiveness of the



This Regulation shall enter into force on the day 15. April 2008.



The President of the Government:



Ing. Topolanek in r.



Minister of agriculture:



Mgr. Gandalovič in r.



Annex



Conversion factors for the determination of the number of livestock units

for payment to breeding ruminant



(article 6, paragraph 5, section 7, paragraph 3, and article 8, paragraph 3)



Part And

+----------------------------------------------+------------------------------+

| The species and categories of animals | The conversion factor for large |

| | livestock units (LU) |

+----------------------------------------------+------------------------------+

| bovine animals aged over 2 years | 1.00 |

+----------------------------------------------+------------------------------+

| bovine animals aged over 6 months to 2 years | 0.60 |

+----------------------------------------------+------------------------------+

| bovine animals aged over 1 month to 6 months | 0.20 |

+----------------------------------------------+------------------------------+

| sheep aged over 1 year | 0.15 |

+----------------------------------------------+------------------------------+

| caprine animals aged over 1 year | 0.15 |

+----------------------------------------------+------------------------------+



Part (B)

+----------------------------------------------+------------------------------+
| The species and categories of animals | The conversion factor for large |

| | livestock units (LU) |

+----------------------------------------------+------------------------------+

| bovine animals aged over 2 years | 1.00 |

+----------------------------------------------+------------------------------+

| bovine animals aged over 6 months to 2 years | 0.60 |

+----------------------------------------------+------------------------------+

| bovine animals under the age of six months including | 0.40 |

+----------------------------------------------+------------------------------+

| sheep aged over 1 year | 0.15 |

+----------------------------------------------+------------------------------+

| caprine animals aged over 1 year | 0.15 |

+----------------------------------------------+------------------------------+



Selected provisions of the novel



Article. XVIII Government Regulation 480/2009 Sb.



The transitional provisions of the



Proceedings for the year 2009 according to Government Regulation No. 112/2008 Coll. initiated prior to the

date of entry into force of this Regulation shall be completed in accordance with the regulation of the Government

No 112/2008 Coll., as amended, effective the day of the entry into force of this

of the regulation.



Article. (II) the regulation of the Government No. 86/2010 Sb.



The transitional provisions of the



Legal relations arising under Government Regulation No 112/2008 Coll., as amended by

amended, prior to the date of entry into force of this regulation,

be assessed in accordance with the existing legislation.



section 16 of the regulation of the Government No. 185/2015 Sb.



The transitional provisions of the



The procedure for applications for the year 2015 initiated by Government Regulation No.

112/2008 Coll., as amended effective prior to the date of entry into force of this

Regulation, shall be completed in accordance with the Government Regulation No 112/2008 Coll., as amended by

effective from the date of entry into force of this regulation.



1) Council Regulation (EC) No 73/2009 of 19 October. January 2009

common rules for direct support schemes under the common

agricultural policy and establishing certain support schemes for

farmers, and amending Regulation (EC) No 1290/2005, (EC) No.

247/2006, (EC) No 378/2007 and repealing Regulation (EC) No 1782/2003, in

as amended.



Commission Regulation (EC) no 1120/2009 of 29 June. October 2009

lays down detailed implementing rules for the single payment scheme in accordance with title III of the

Council Regulation (EC) No 73/2009 establishing common rules for

direct support schemes under the common agricultural policy and establishing

establishing certain support schemes for farmers.



Commission Regulation (EC) no 1121/2009 of 29 June. October 2009

lays down the detailed rules for the application of Council Regulation (EC) No 73/2009 as regards the

support schemes for farmers provided for in titles IV and V of that

of the regulation.



Commission Regulation (EC) no 1122/2009 of 30 November November 2009

lays down the detailed rules for the application of Council Regulation (EC) No 73/2009 as regards the

cross-compliance, modulation and the integrated administration and control system

direct support schemes for farmers provided for in that

Regulation, and to Council Regulation (EC) No 1234/2007, as regards cross-compliance

in the framework of the direct support scheme for the wine sector.



2) Law No 256/2000 Coll., on the State agricultural intervention fund and the

change of certain other laws (the law on the State farm

the intervention fund), as amended by Act No. 128/2003 Coll., Act No. 41/2004

Coll., Act No. 85/2004 Coll., Act No. 235/2004 Coll., Act No. 482/2004

Coll., Act No. 441/2005 Coll., Act No. 130/2006 Coll., Act No. 342/2006

Coll. and Act No. 35/2008 Sb.



5) Article. paragraph 122. 1 Council Regulation (EC) No 73/2009, as amended.



6) Law No. 154/2000 Coll., on the breeding, breeding and registration

farm animals and amending certain related laws

(plemenářský 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 Sb.



7) section 54 and 55 of the Act No. 167/1999 Coll., on health care and on the change

some related laws (health law), as amended by Act No.

131/2003 Coll. and Act No. 48/2006 Sb.



9) Article. 100 of Council Regulation (EC) No 73/2009, as amended.



Article 10). 109 (a). d) Council Regulation (EC) No 73/2009, as amended.



11) Article. 59 and annex IV of Commission Regulation (EC) no 1121/2009.



§ 13b, paragraph 12). 1 and § 14 paragraph. 1 (a). and Government Regulation) No 115/2004

Coll., laying down some of the procedures for the implementation of the common

the Organization of the market in starch, as amended by regulation of the Government No. 543/2004 Coll.

Government Decree No. 149/2005 Coll., regulation of the Government No. 143/2006 Coll.

Government Decree No. 157/2007 Sb.



13) Article. 132 of Council Regulation (EC) No 73/2009, as amended.



14) Decree-Law No 47/2007 Coll., on the establishment of certain conditions

the provision of single area payment of agricultural land and some of the

the conditions of provision of information on the processing of agricultural products

originating in the land referred to a standstill.



Article 15). 75 of Commission Regulation (EC) no 1122/2009.



17) § 488b to 488h of the commercial code.



18) Government Decree No. 69/2005 Coll., laying down conditions for the granting of

grants in connection with early termination of operation of the agricultural

the activities of the agricultural entrepreneurs, as amended by regulation of the Government No. 512/2006

SB.



Article 19). 23 Council Regulation (EC) No 1698/2005 of 20 December 2005. September 2005 on the

support for rural development from the European agricultural fund for the development of

rural development (EAFRD), in its up-to-date version.



20) Government Regulation No. 60/2012 Coll., laying down certain conditions for the

the provision of special support to farmers.



21) Article. paragraph 72. 4 regulation of the European Parliament and of the Council (EU) No.

1306/2013 for funding, managing and monitoring the common agricultural

policy and repealing Council Regulation (EEC) no 352/78, (EEC) No 165/94,

(EC) No 2799/98, (EC) no 814/2000, (EC) No 1290/2005 and (EC) No.

485/2008.