Subsidies For Agriculture. Entrepreneurs In The Early Termination Of The Activities Of The

Original Language Title: dotace pro zeměděl. podnikatele při předčasném ukončení činnosti

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Read the untranslated law here: https://portal.gov.cz/app/zakony/download?idBiblio=59734&nr=69~2F2005~20Sb.&ft=txt

69/2005 Sb.



REGULATION OF THE GOVERNMENT



of 26 March. January 2005



on 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



Change: 512/2006 Sb.



Change: 96/2008 Sb.



The Government ordered pursuant to section 2 c of paragraph 1. 5 of law No. 252/1997 SB., about

Agriculture, as amended by Act No. 85/2004 Coll. (hereinafter the "Act") to

the implementation of § 2 c of paragraph 1. 2 (a). (e)) of the Act and for the implementation of the first law

No 256/2000 Coll., on the State agricultural intervention fund and amending

certain other laws (the law on the State agricultural intervention

the Fund), as amended by Act No. 128/2003 Coll., Act No. 85/2004 Coll. and act

No 482/2004 Coll.:



§ 1



The subject of the edit



This regulation ^ 1) modifies the following on directly applicable provision

Of the European communities ^ 2) of providing subsidies in the framework of a programme of support

early termination of the agricultural activities of agricultural entrepreneurs (

"the programme").



§ 2



Definition of terms



For the purposes of this regulation, means a



and the holding company) under special legislation ^ 3)

designed for the performance of agricultural production under section 2e, paragraph. 3 of the Act,



(b) the operation of agricultural production) activities, as defined in section 2e, paragraph. 3

the law, carried out by a person who is an agricultural entrepreneur under section

2f of the Act, or a person under special legislation, "^ 4)

as well as participation on the performance of agricultural production in the position of the employee

the farm, and in the case of an agricultural holding, which is a legal

a person, whether or not in the position of the statutory body or a member of his

the statutory authority.



§ 3



Request for the inclusion in the agenda



(1) an application for inclusion in the program (hereinafter referred to as "request for inclusion") may

submit a natural person (hereinafter referred to as "the applicant"), if the



and) is an agricultural entrepreneur under section 2e law registered pursuant to section 2f

law or by the person who is the holder of the certificate according to the specific

legislation, ^ 4)



(b)) at the date of application for inclusion reaches at least 55 years of age and in

date of submission of the application for inclusion does not reach the age required for entitlement to the

old-age pension, ^ 5)



(c)) for at least 10 calendar years immediately preceding the

the year in which the application of the classification, ran the agricultural production

under section 2e, paragraph. 3 of the Act, of which at least the last 3 calendar years

on its own behalf and on their own responsibility in the agricultural převáděném

a company which achieves the acreage at least 5 ha of agricultural land, and



(d)) shows that in each of the 3 calendar years immediately

preceding the calendar year in which the application of the classification,

its share of income from agricultural production under section 2e, paragraph. 3 of the law

in total his income from a business of at least 50%.



(2) the applicant shall submit an application for inclusion of the national agricultural intervention

Fund (hereinafter referred to as "the Fund") on a form issued by the Fund, at the latest by 31 December 2005.

in December 2006.



(3) the request for the inclusion of includes



and) the conditions laid down in section 3, paragraph 3. 2 of the Act,



(b)) a list of all soil blocks or parts of blocks in the soil

register usage of agricultural land according to user relationships according to § 3a

Act (hereinafter referred to as "the register"), by the applicant, the

managed at the date of the application for inclusion,



(c)) identification of natural or legal persons, that meets the

the conditions referred to in section 4 (hereinafter referred to as "the transferee") (name or names,

last name, date of birth, identification number, if assigned,

address of the place of residence or place of business, if it is about

a natural person, or company or the name, address, identification

number, line of business, in the case of a legal person),



d) indicators relating to debt, economic result after

taxation and net annual income (hereinafter referred to as "economic indicators

management of the acquirer of the holding ") for the last 5

calendar years immediately preceding the calendar year in

which the request was made for inclusion; the licensee that was not

entrepreneur throughout the last 5 calendar years immediately

preceding the year in which the request has been made for the inclusion, as referred to

data deficient,



e) projected economic indicators of management based on the

business plans of the holding of the transferee for a period of 5

calendar years following the calendar year in which it is made

request for the inclusion,



(f) an overview of revenue from agricultural) activities and the total revenue of the applicant of the

business in the last 3 years immediately preceding the

the calendar year in which the application of the classification,



g) affidavit of the applicant,



1. which undertakes no later than 12 months from the date of delivery of the request for

the inclusion of the close of business in agriculture and to transfer to the transferee

the agricultural holding,



2. which undertake to ask the Ministry of agriculture about the exclusion of their persons

from the registration of land,



3. that does not reach the age required for entitlement to a retirement pension. ^ 5)



(4) an integral part of the application for inclusion



and an extract from the commercial register), certificate or proof of registration

business under special legislation ^ 4) applicant and licensee,

not older than 3 months,



(b)), where appropriate, a copy of the accounting records, tax documents, ^ 6), showing

the results of the economic indicators of the holding of the transferee for the 5

calendar years immediately preceding the year in which it is

request for inclusion; the purchaser, who was not a professional at all

the duration of the five calendar years immediately preceding the year in

where an application is made for the inclusion of these documents be retained,



(c)), where appropriate, a copy of the accounting records, tax documents, the applicant ^ 6)

showing the share of income from agricultural activities on total income

the applicant of the business for 3 calendar years immediately preceding the

the year in which the application is made on the classification,



(d)) document proving the performance of agricultural production referred to in paragraph 1

(a). (c)),



e) document proving the competence of the transferee under section 4 (b).

(b)), and (c)),



f) solemn declaration which the assignee undertakes agricultural

use at least 5 calendar years following the

the year in which the holding will be converted, the overall assessment

agricultural land, for which he will be in the context of the transfer of the undertaking

transferred to the ownership of or the right to use them for at least

5 calendar years.



§ 4



The acquirer



The purchaser may be a natural or legal person,



and) which is an agricultural entrepreneur under section 2e of the Act is based, or

place of business in the territory of the Czech Republic,



(b)) which, in the case of a natural person, is at the date of filing of the application for inclusion

under 40 years of age and satisfies the condition of professional competence referred to in section 2f, paragraph.

2 (a). (b)) of the Act,



(c)) that, in the case of a legal person, to the date of application of

the inclusion of a maximum of 5 members, ^ 7) ^ 8) shareholders or members of the ^ 9) (hereinafter referred to as

"the Subscriber") who is a natural person and the date of filing of the application for

the classification of each of them are under 40 years of age; also, the person who is

the statutory body of a legal person, where applicable, the members of the statutory

body of a legal person, shall comply with the specified age limit and

at least one member of the statutory body must meet the condition of professional

eligibility under section 2f, paragraph. 2 (a). (b)). 2 (a). (b)) of the Act,



(d)) whose holding is economically viable (hereinafter referred to as

"the viability of"), and in terms of considering or anticipated

economic outcome after taxation or in terms of annual net

income and the extent of its actual or projected debt

According to § 5.



§ 5



An assessment of the viability of the holding of the transferee



(1) the viability of the holding of the transferee shall be assessed on the Pool

the basis of the documents submitted together with the application for inclusion.



(2) the Fund shall examine in particular the indebtedness of the holding of the transferee,

not even after the date of acquisition of the undertaking transferred must not exceed 75% of the financial

the value of the assets of the acquirer and the economic result after tax or net

the annual income of the transferee of the agricultural business.



(3) if the licensee Is a natural person, the amount of his net annual

the income from the business in agriculture to achieve a controlled the last 5

calendar years for at least the amount of the average annual wage in agriculture,

established under a special legal regulation ^ 10) for this period; This

the condition also applies to the person, whose income are taxed according to the

special legislation such as the income of the cooperating persons.



(4) if the licensee Is a legal entity, must be achieved for the

watched the last 5 calendar years of the positive economic

the result after tax.



(5) If the acquirer of the holding does not meet the criteria referred to

in paragraph 3 or 4 or the transferee was not a professional at all times

the duration of the five calendar years immediately preceding the year in which the

is the request for inclusion, assessed the viability of agricultural Fund

the holding of the transferee on the basis of the documents referred to in section 3, paragraph 3. 3 (b). (e)).



§ 6
The inclusion in the agenda



(1) the Fund shall be included in the programme of the applicant conditionally, if the applicant meets the

the conditions referred to in section 3 and the transferee fulfills the conditions, under section 3, paragraph 3. 4 (b).

(f)) and § 4.



(2) the Fund shall be included in the programme of the applicant, if the applicant, within 12 months from the date

the date of delivery of the request for the inclusion of the Fund shall submit to the



and) contract on the sale of the holding, concluded under a specific

legislation, ^ 11)



(b)) document proving the obligation according to § 3 (2). 3 (b). (g))

2,



c) proof that the applicant has ceased business in agriculture,



d) affidavit, that the applicant is not a beneficiary of the retirement

income. ^ 12)



(3) a contract for the sale of the holding referred to in paragraph 2 (a). and)

the applicant may replace the presentation of a deed, or purchase

the Treaty, which the offspring in a series of direct converts all land

in your property, belonging to the agricultural holding.



(4) land, which the applicant has in the lease, you can include in the acreage

soil blocks or parts of blocks in the soil, on which it is possible to receive

a grant under this regulation, provided that it only occurs between

by the applicant and by the lessor of the land to the agreement to end the tenancy

the Treaty and the conclusion of the rental agreement between the landlord and the žadatelovým

a descendant of pursuant to paragraph 3, the subject will be renting land

for a period of at least 5 calendar years. This agreement shall be submitted to the

The Fund, within the time limit referred to in paragraph 2.



(5) the Fund will cancel the conditional inclusion of the applicant in accordance with paragraph 1, if the

fails to meet the conditions referred to in paragraph 2 or 3.



section 7 of the



Subsidies



(1) the Fund provides a grant to the applicant a maximum period of 15 calendar years,

starting with the year in which the applicant has been included in the programme referred to in section 6 (1).

2. The grant shall be paid in the calendar year, in quarterly

installments, always within 30 calendar days after the end of the

quarter of the calendar year. The subsidy shall be granted to the applicant, starting from the

the calendar year in which he/she reaches the age of 75.



(2) the grant shall be determined as the sum of the amounts of 75 000 CZK and the amount made up of

the product of the rate of 4 500 CZK per 1 ha of agricultural land, transferred under section 6

paragraph. 2 (a). and) or pursuant to section 6 (1). 3, where appropriate, under section 6 (1). 4,

but not in the area of 30 hectares of agricultural land; This acreage

agricultural land will be included only the soil blocks or parts

soil blocks, transferred from the applicant to the transferee in the register of the land,

where the licensee has demonstrated the transfer of ownership or other demonstrated

the legal reason for their use, and at least 5 calendar years.

The acreage of agricultural land, however, does not include agricultural land, of which

the sole owner on the date of submission of the application for inclusion was the purchaser.



(3) the inclusion in the programme in the amount of the subsidy is awarded in the amount of one

Twelfth for each full calendar month after which the applicant has been included

to the program.



(4) in the event that the applicant becomes a pensioner, ^ 12)

in accordance with paragraph 2, beginning with the following calendar year shall be reduced by

the amount paid on the old-age pension for the previous calendar year.



§ 8



The request for a grant



(1) an application for a grant under the programme (hereinafter referred to as "the application for a subsidy")

served on the applicant by the Fund issued annually to form 15. February

of the calendar year. Subsidies for the calendar year in which the

the applicant included in the programme, will be granted on the basis of the decision on the

the classification of the applicant into the program under section 6 (1). 2.



(2) the request for grant, the applicant shall be accompanied by an affidavit that is not

beneficiary of the retirement pension, ^ 12) or a confirmation of the amount

He was paid to old-age pension ^ 12) for the previous calendar year.



§ 9



Failure to return the subsidy, subsidy and the disposal of the applicant from the program



(1) the Fund shall decide on the disposal of the applicant from the program and the repayment of the entire amount of the

has already provided subsidies, if it finds that the



and the applicant became again) agricultural entrepreneur under section 2e of the Act,



(b)), the applicant participates in the business of another agricultural entrepreneurs,

or



(c) the applicant has applied for inclusion) of the soil block or part of the soil block to

the registration of land.



(2) if the licensee fails to comply with an obligation under article 3, paragraph 3. 4 (b). (f)), for

the area of the management of agricultural land, the Fund shall decide on



and the reduction of subsidies) 10% if an undertaking is violated in the range of 10% to

20% of the acreage of agricultural land,



(b) the reduction of subsidies) 50%, if the obligation breached is in the range of 20% to the

30% of the acreage of agricultural land,



(c) the provision of subsidies) stopping if the obligation breached in the range of over 30

% of the acreage of agricultural land.



(3) if the undertaking referred to in section 3, paragraph 3. 4 (b). (f)), relating to the area of the

management of agricultural land, to the extent not exceeding

10% of the acreage of agricultural land, the procedure referred to in paragraph 2 shall not apply.



(4) the procedure referred to in paragraph 2, the Fund also apply if the purchaser

violated the undertaking referred to in section 3, paragraph 3. 4 (b). (f))



and) force majeure, ^ 13)



(b)) to perform landscaping ^ 14)



(c) the restitution procedure) ^ 15), or



(d) the implementation of changes in the register) of land referred to in section 3 of the Act.



§ 10



The consequences of placing false information



If the Fund finds that the applicant has stated false information in relation to the conditions of the

grant, in accordance with the applicable legislation itself

Of the European communities. ^ 16)



§ 11



The effectiveness of the



This Regulation shall enter into force on the twentieth day after the date of its publication.



The President of the Government:



JUDr. Gross v. r.



Minister of agriculture:



Ing. Palas in r.



1) Is released for the implementation and within the limits of the law, which allows you to

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

the Community regulation of the Government.



2) of Council Regulation (EC) No 1257/1999 of 17 May 1999. in May 1999, on support for

rural development from the European agricultural guidance and guarantee fund

(EAGGF) and amending and canceling some of the regulation.



Commission Regulation (EC) No 817/2004 of 29 April 2004. April 2004

lays down the detailed rules for the application of Council Regulation (EC) No 1257/1999 on support

for rural development from the European agricultural guidance and guarantee

Fund (EAGGF).



3) section 5 of the commercial code.



for example, article 4). (II) Act No. 85/2004 Coll., amending Act No.

252/1997 Coll., on agriculture, in wording of later regulations, and some

other laws.



5) section 29, 32, 74, 76 and 94 of the Act No 155/1995 Coll., on pension

insurance, as amended by law No 134/1997 Coll., Act No. 289/1997 Coll.,

Act No. 118/2000 Coll., Act No. 188/2001 Coll. and Act No. 425/2003 Coll.



6) Act No. 563/1991 Coll., on accounting, as amended by law No 117/1994

Coll., Act No. 227/1997 Coll., Act No. 492/2000 Coll., Act No. 353/2001

Coll., Act No. 575/2002 Coll., Act No. 437/2003 Coll. and Act No.

257/2004 Coll., Act No. 586/1992 Coll., on income taxes, as amended by

amended.



7) § 76, 93 and 105 of the commercial code.



8) § 154 of the commercial code.



9) section 221 of the commercial code.



10) Law No. 89/1995 Coll., on State Statistical Service Act, as amended by

No. 356/1999 Coll., Act No. 220/2000 Coll., Act No. 257/2000 Coll., Act

No 411/2000 Coll., Act No. 202/2002 Coll., Act No. 320/2002 Coll., Act

No 81/2004 Coll. and Act No. 562/2004 Sb.



11) § 476 et seq.. of the commercial code.



12) section 29, sections 30 to 32, § 74, 76 and 94 of the Act No 155/1995 Coll., on

pension insurance, as amended by law No 134/1997 Coll., Act No.

289/1997 Coll., Act No. 118/2000 Coll., Act No. 188/2001 Coll. and act

No 425/2003 Coll.



13) Article. 39 of Commission Regulation (EC) No 817/2004.



14) Act No 139/2002 Coll., on land and land offices

and on the amendment of the Act No. 229/1991 Coll., on the adjustment of the ownership of the soil and

other agricultural property as amended by later regulations, as amended by

Act No. 309/2002 Coll. and Act No. 53/2004 Sb.



15) Act No. 229/1991 Coll., on the adjustment of the ownership of land and other

agricultural property as amended by law No 42/1992 Coll., Act No. 93/1992

Coll., Act No. 39/1993 Coll., Act No. 182/1993 Coll., the finding of a constitutional

the Court declared under no 131/1994 Coll., the finding of the Constitutional Court

declared under the No 166/1995 Coll., the finding of the Constitutional Court declared under

No. 29/1996 Coll., Act No. 30/1996 Coll., Act No. 139/2002 Coll., Act

No. 320/2002 Coll., Act No. 253/2003 Coll. and Act No 354/2004 Sb.



16) Article. 72 the Commission Regulation (EC) No 817/2004.