The Provision Of Single Area Payment Scheme Of Agricultural Land

Original Language Title: poskytování jednotné platby na plochu zemědělské půdy

Read the untranslated law here: https://portal.gov.cz/app/zakony/download?idBiblio=64604&nr=47~2F2007~20Sb.&ft=txt

47/2007 Sb.



GOVERNMENT REGULATION



of 7 November. March 2007



on the determination of certain terms of the single area payment

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

agricultural products originating in the land referred to in



Change: 83/2009 Sb.



Change: 480/2009 Sb.



Change: 369/2010 Sb.



Change: 480/2009 Coll. (part)



Change: 448/2009 Sb.



Change: 400/Sb.



Change: 308/2014 Sb.



Change: 50/2015 Sb.



The Government ordered pursuant to section 2b, paragraph 1. 2 of law No 249/1997 Coll., on

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

(hereinafter referred to as the "Act") and pursuant to § 1 (1). 3 of Act No. 256/2000 SB., about

The State agricultural intervention fund and amending certain other

laws (the law on the State agricultural intervention fund), as amended by

Act No. 441/2005 Coll.:



§ 1



The subject of the edit



This regulation ^ 1) modifies the following on directly applicable provisions of

Of the European communities ^ 2) some of the conditions for granting the single payment

the area of agricultural land (hereinafter referred to as "payment") and some of the conditions

provision of information on the processing of agricultural products originating in the

the rest of the land to the State agricultural intervention fund ^ 3)

(hereinafter referred to as "the Fund").



§ 2



The applicant for the payment of



The payment by the applicant is a natural or legal person administering

agricultural land registered in the register of agricultural land use

According to the user relations (§ 3a and 3b of the law) (hereinafter referred to as "the register"),

which delivers the lished the Fund request for payment for

the calendar year (hereinafter referred to as "the application").



§ 3



Request for payment



(1) the request in addition to the formalities established by the directly applicable law

Of the European communities contains ^ 4)



and a list and assessment of all) soil blocks (section 3a, paragraph 3, of the Act), or

parts of soil blocks (section 3a, paragraph 4, of the Act) of agricultural land registered in the

register on the requestor ^ 4),



(b) designation and method of use) ^ 5) all soil blocks or parts

soil blocks under (a)), to which the application relates,



(c) a declaration by the applicant) that undertakes to comply with the terms of the good

agricultural and environmental condition referred to in annex 2 to the

Government Regulation No. 309/2014 Coll., laying down the consequences of breach of

cross-compliance provision of certain agricultural aid throughout the

calendar year on all soil blocks or parts of soil blocks

registered in the register the applicant.



(2) an integral part of the application is the plotting of soil blocks or

parts of soil blocks referred to in paragraph 1 (b). and soil blocks on the map),

where applicable, the parts of soil blocks, in scale 1:10 000 or more detailed.



(3) If an applicant cultivated hemp on one of the soil blocks or

on one of the parts of soil blocks contained in the application ^ 6), connects to the

uznávací request worksheet ^ 7) on the certification of seeds of hemp; In addition the applicant to request

Appends a declaration in which they undertake to Fund shall immediately notify the

beginning of flowering hemp on the soil of the block, or part

soil block, referred to in the request.



(4) the applicant shall deliver the request to Fund 15. in May of the calendar

of the year.



(5) the request referred to in paragraph 4 of the Fund cannot be lodged from 1 January 2006. April

2015.



section 3a



Compensation of financial discipline



(1) according to the regulation of the European Union relating to the financing, management and

monitoring of the common agricultural policy) is a competent ^ 30 calendar

year for the implementation of the compensation for the financial discipline of the calendar year

submission of the application for payment.



(2) compensation of financial discipline is carried out by the applicant for the payment of, for

that was an adjustment of payments made by the Fund on the basis of

the request for payment lodged in the calendar year.



(3) the percentage of the amount of the Compensation Fund provides financial discipline

the ratio of the amount notified by the European Commission to the sum of all the amounts of adjustments

payments made in a calendar year for applicants under the

of paragraph 2.



(4) the Fund provides for the payment to the applicant by decision of the amount of the financial compensation

discipline by multiplying the percentage of the amount of the compensation for the financial discipline

pursuant to paragraph 3 of the payments made by the applicant of the amount of the adjustment in the relevant

calendar year and carry out the payment of compensation of financial discipline to 16.

October of the calendar year following the submission of the application for payment in

the calendar year.



§ 4



The conditions for the provision of payment



(1) the Fund shall provide the applicant payment of agricultural land that is



and registered in the register and) meets the conditions for the grant of payments provided for in

directly applicable legislation of the European communities ^ 8),



(b) registered in the register) of the applicant, at least from the date of receipt of the request

The Fund until 31 December 2006. August of the calendar year,



(c)) by the applicant, agriculturally managed in the calendar year

all the time, that is registered in the register the applicant under

(a)),



(d)) maintained in good agricultural and environmental conditions

the State listed in annex 2 to the regulation of the Government No. 309/2014 Coll.

the determination of the consequences of the breach of the provision of certain cross-compliance

agricultural aid throughout the calendar year.



(2) the minimum acreage ^ 9), on which you can provide payment amounts to at least

1 ha of agricultural land; critical data are recorded in the register.



(3) the Fund shall provide payment in full, unless the fact the head of the

to reduce, where appropriate, of non-payments by directly applicable

Regulation of the European communities ^ 2), or under section 6, if the applicant

satisfies the conditions laid down in paragraphs 1 and 2 and the conditions

good agricultural and environmental condition referred to in annex 2 to the

Government Regulation No. 309/2014 Coll., laying down the consequences of breach of

cross-compliance provision of certain agricultural aid throughout the

the calendar year on all soil blocks or parts

soil blocks registered in the register on the requestor ^ 10).



§ 5



cancelled



§ 6



Rejection of the application, the reduction of or failure to provide payment



(1) if the Fund finds that the acreage of agricultural land, on which the applicant has complied with the

the conditions for the grant of payments is less than the amount of agricultural land,

the applicant stated in its application, based on the directly applicable provisions

Of the European communities) will reduce the payment ^ 12 or fails.



(2) if the Fund finds that the applicant delivered the request after the deadline provided for in section 3 of the

paragraph. 4 where appropriate, amendment of the application after the time limit set by directly applicable

Regulation of the European communities ^ 13), the payment shall be reduced, where appropriate, request

be rejected according to the applicable regulations of the European communities directly ^ 13).



(3) if the Fund finds that the applicant in the request pursuant to section 3 did not indicate all the

area in accordance with the regulations of the European communities ^ 14) and the difference between

the total area referred to in the application and a summary of total area referred to in

the request and the request is nevykázané



and) greater than 3% but less than or equal to 4% of the area covered by the application,

the payment shall be reduced by 1% ^ 14)



(b)) is greater than 4% but less than or equal to 5% of the areas referred to in the request,

the payment shall be reduced by 2% ^ 14)



c) higher than the 5% of the areas referred to in the request, the payment shall be reduced by 3% ^ 14).



§ 7



The determination of certain terms of the provision of information on the processing of

agricultural products originating in the land referred to in



(1) a natural or legal person who has the information obligation according to

directly applicable legislation of the European communities of 21), will provide ^ Fund

in the calendar year information directly within the scope of

the applicable law of the European communities ^ 22), within 30 days from the

the date of receipt of imported agricultural products originating in the land

referred to, but not later than 30 June 2005. April immediately

the following calendar year.



(2) a natural or legal person who has the information obligation according to

directly applicable legislation of the European communities of 21), will provide ^ Fund

in the calendar year information directly within the scope of

the applicable law of the European communities ^ 23), 10 days ago

the start of processing of imported agricultural products originating in the

land put into rest on a different end product.



§ 8



The effectiveness of the



This Regulation shall enter into force on the date of 15. March 2007.



Prime Minister:



Ing. Topolanek in r.



Minister of agriculture:



Mgr. Gandalovič in r.



Annex



cancelled



Selected provisions of the novel



Article. (VI) Government Decree 480/2009 Sb.



Transitional provision



Proceedings for the year 2009 according to Decree-Law No 47/2007 Coll. initiated prior to the

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

No 47/2007 Coll., in the version in force until the date of entry into force of this

of the regulation.



Article. (VII) Government Decree No. 369/2010 Sb.



Transitional provision



The procedure for the granting of subsidies on applications submitted under Decree-Law No.

47/2007 Coll. started before 1. July 2011 shall be completed in accordance with regulation

No 47/2007 Coll., in the version in force before 1 July. July 2011.



Article. (VIII) Government Regulation No. 448/2012 Sb.



Transitional provision



Management of applications made pursuant to Decree-Law No 47/2007 Sb.


initiated before the date of entry into force of this Regulation shall be completed according to the

Decree-Law No 47/2007 Coll., in the version in force until the date of entry into force of

of this regulation.



Article. (VIII) Government Regulation No. 400/Sb.



Transitional provision



Management of applications made pursuant to Decree-Law No 47/2007 Sb.

initiated before the date of entry into force of this Regulation shall be completed according to the

Decree-Law No 47/2007 Coll., in the version in force until the date of entry into force of

of this regulation.



§ 4



Transitional provision



Management of applications made pursuant to Decree-Law No 47/2007 Sb.

initiated before the date of entry into force of this Regulation shall be completed according to the

Decree-Law No 47/2007 Coll., in the version in force prior to the date of acquisition

the effectiveness of this regulation.



1) Is released for the implementation of and within the law, whose content allows you to

make an adjustment in the wake of the directly applicable provisions of the European

the Community regulation of the Government.



2) Council Regulation (EC) No 1782/2003 of 29 September 2003. September 2003 laying

establishing common rules for direct support schemes under the common

agricultural policy and establishing certain support schemes for

farmers, and amending Regulation (EEC) No 2019/93, (EC) No.

1452/2001, (EC) no 1453/2001, (EC) No 1454/2001, (EC) No 1868/94,

(EC) No 1251/1999, (EC) No 1254/1999, (EC) no 1673/2000, (EEC) No.

2358/71 and (EC) no 2529/2001, as amended.



Commission Regulation (EC) No 796/2004 of 21 April 2004. April 2004 laying

down detailed rules for the cross-compliance, modulation and the integrated

Administration and control system provided for in Council Regulation (EC)

No 1782/2003 establishing common rules for direct

support schemes under the common agricultural policy and establishing

certain support schemes for farmers, as amended.



Commission Regulation (EC) No 1973/2004 of 29 April 2004. October 2004 laying

down detailed rules for the application of Council Regulation (EC) No 1782/2003 as regards

support schemes provided for in titles IV and IVa of that regulation and the

the use of land set aside for growing crops, as amended.



Council Regulation (EC) No 73/2009 of 19 January. January 2009 laying down

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.



Commission Regulation (EC) No 795/2004 of 21 April 2004. April 2004 laying

down detailed rules for the single payment scheme provided for in Council regulation

(EC) No 1782/2003 establishing common rules for

direct support schemes under the common agricultural policy and establishing

establishing certain support schemes for farmers, as amended.



3) Act No. 257/2000 Coll., on the State agricultural intervention fund, and

amendments to 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. and Act No.

342/2006 Sb.



4) Article. 12 Commission Regulation (EC) No 796/2004, as amended.



5) Article. 14 Commission Regulation (EC) No 796/2004, as amended.



6) Article. in article 13(3). 1 and article. 33 para. 4 Commission Regulation (EC) No 796/2004, the

as amended.



7) § 4 paragraph 2. 8 of Act No. 218/2003 Coll., on marketing of seeds and plants

cultivated plants and amending some laws (law on the circulation of the seed and

seed), as amended by Act No. 182/2006 Coll.



8) Article. Annex XXI. 4 Council Regulation (EC) No 1782/2003, as amended.



9) Article. 134 of Commission Regulation (EC) No 1973/2004, as amended.



10) Article. 5 (3). 1 Council Regulation (EC) No 1782/2003, as amended.



11) Act No. 254/2001 Coll. on waters and on amendments to certain acts (the water

Act), as amended by Act No. 76/2002 Coll., Act No. 320/2002 Coll., Act

No 274/2003 Coll., Act No. 20/2004 Coll., Act No. 413/2005 Coll., Act

No 444/2005 Coll., Act No. 186/2006 Coll., Act No. 222/2006 Coll.

Act No 342/2006 Sb.



section 7 of the Government Regulation No. 103/2003 Coll., on the determination of vulnerable areas and

about the use and storage of fertilizers and manure, crop rotation and

implementing anti-erosion measures in these areas.



12) Article. 138 of Commission Regulation (EC) No 1973/2004, as amended.



Article. 50 para. 3 of Commission Regulation (EC) No 796/2004, as amended.



13) Article. 21 of Commission Regulation (EC) No 796/2004, as amended.



14) Article. 14. 1 and 1a of Commission Regulation (EC) No 796/2004, as amended

the text of the.



21) Article. 144 (a). (b)), and (c)) Commission Regulation (EC) No 1973/2004, as amended

the text of the.



22) Article. 144 (a). and), art. and article 145. paragraph 157. 3 of Commission Regulation (EC) No.

1973/2004, as amended.



23) Article. 55 (b). (b)) and article. paragraph 107. 3 Council Regulation (EC) No 1782/2003,

, as amended.



Article. 145 and 152 of Commission Regulation (EC) No 1973/2004, as amended.



25) section 7 of the Decree of the Ministry of agriculture no. 274/1998 Coll., on storage

and how the use of fertilizers, as amended by Decree No 91/2007 Sb.



for example, § 75) 26 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. 222/2004 Coll.



27), for example, Act No. 114/1992 Coll., as amended,

Government Regulation No. 79/2007 Coll., on conditions for the implementation of the

Agri-environment measures, as amended.



§ 8 paragraph 28). 1 (b). a) and b) of the Act No. 254/2001 Coll. on waters and the

amendments to certain acts (the Water Act).



29) Government Regulation No. 103/2003 Coll., on the determination of vulnerable areas and

about the use and storage of fertilizers and manure, crop rotation and

implementing anti-erosion measures in these areas, as

amended.



30) Article. 26 European Parliament and Council Regulation (EU) no 1306/2013 of

17 May. December 2013 on the financing, management and monitoring of 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.