Change Of Terms. Implementation Of The Measures Of The Common Organisation Of The Market In Wine

Original Language Title: změna podm. provádění opatření společné organizace trhu s vínem

Read the untranslated law here: https://portal.gov.cz/app/zakony/download?idBiblio=71327&nr=214~2F2010~20Sb.&ft=txt

214/2010 Sb.



REGULATION OF THE GOVERNMENT



of 28 June. June 2010,



amending Government Decree No. 245/2004 Coll., on the establishment of closer

the conditions for the implementation of the measures of the common organisation of the market in wine, in

as amended



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., Act No. 441/2005 Coll. and

Law No. 291/2009 Coll., and pursuant to section 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.:



Article. (I)



Regulation of the Government No. 245/2004 Coll., on conditions for the establishment of closer

implementation of the measures of the common organisation of the market in wine, as amended by regulation

No 83/2006 Coll., regulation of the Government No. 33/2007 Coll., regulation of the Government No.

320/2008 Coll., regulation of the Government No. 82/2009 Coll., regulation of the Government No. 83/2009

Coll. and regulation of the Government No. 480/2009 Coll., is hereby amended as follows:



1. In article 1 (1). 1, the words "European Community" ^ 1 ") (hereinafter referred to as

"prescription") of the European communities "shall be replaced by" European Union "^ 1")

(hereinafter the "regulation" of the European Union). "



2. At the end of footnote 1, the following sentence:



"Council Regulation (EC) No 1234/2007 of 22 March. October 2007 establishing a

common organisation of agricultural markets and on specific provisions for

certain agricultural products (single CMO Regulation on the common organisation of the

markets), as amended.



Commission Regulation (EC) No 436/2009 of 26 June. May 2009 laying

lays down detailed implementing rules for Council Regulation (EC) no 479/2008 as

about the vineyard register, compulsory declarations and data collection for monitoring

market, the documents accompanying the carriage of wine products and the records

to be kept in the wine sector, as amended.



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, as amended. ".



3. In article 2 (2). 1 and 3, the words "directly applicable European regulation

Community ' shall be replaced by the words "of the European Union".



4. In section 2 (2). 2 of the introductory part of the provisions, the words "directly applicable

Regulation of the European communities "shall be replaced by ' the European

the Union ".



5. In section 2 (2). 2 (b)):



"(b)) assessment klučené vineyards,".



6. In section 5 (3). 1, § 6 (1). 1 (a). (d)), section 7 (2). 1 (a). (d)), section 8 (2).

1 (a). (d)), section 8, paragraph. 1 and section 8 d of paragraph 1. 1 to 3, the words ' of the European

Community ' shall be replaced by the words "European Union".



7. In section 5 (3). 2 at the end of subparagraph (c)), the comma shall be replaced by "or",

at the end of subparagraph (d)), the word "or" is replaced by a dot and the letter e)

repealed.



8. In section 5 (3). 3, the words "the date of the filing of the application" shall be replaced by the words

"the deadline for the submission of applications".



9. In section 5 (3). 4, the word "farming" is deleted.



10. In section 5 paragraph 6 is added:



"(6) the request shall be made not later than 30 Fund. April calendar

year. ".



11. In section 5, paragraph 7, including footnote 16 is hereby repealed.



The present paragraph 8 shall become paragraph 7.



12. In section 5 (3). 7 the word "8b" replaced by the word "8a".



13. In section 6 (1). 1 (a). and, § 7 (2)). 1 (a). and) and § 8 paragraph. 1 (a). and)

the word "has", the words "or at the time of the grubbing-up".



14. section 8 shall be deleted.



15. In section 8, paragraph. 1 the word "normal" is deleted.



16. In section 8, paragraph 1, the following paragraph 2 is added:



"(2) the application for investment aid under the regulation the European Union ^ 18)

acquired through leasing serves the applicant Pool on it issued by the

form 31. August of the calendar year following the termination of the lease

of the Treaty. At the same time with the application, the applicant shall pay to the Fund documents

investment. ".



Paragraphs 2 to 7 shall become paragraphs 3 to 8.



17. In section 8 c at the end of the text of paragraph 3, the words "referred to in paragraph

1 or 2 ".



18. Article 8, paragraph 4 shall be deleted.



Paragraphs 5 to 8 shall be renumbered as paragraphs 4 to 7.



19. In section 8, paragraph. 5, after the word "investment", the words ", which

It is not acquired through leasing ".



20. In section 8 c shall be added to paragraph 8, which including the footnote.

31 is added:



"(8) the applicant who takes the investment through a lease referred to in

Regulation of the European Union ^ 31), after the conclusion of the lease contract shall notify the

the fact the Fund issued form until 31 December 2006. August calendar

of the year. Notice of acquisition of investments through leasing offers

the applicant for leasing contracts concluded for a maximum 12 months ago

the deadline for the submission of the notification.



31) Article. 17 (a). (b)) of Commission Regulation (EC) No 555/2008, as

text. ".



21. In section 8 d of paragraph 1. 1 at the end of subparagraph (e)) the comma is replaced by a dot and the

the letter f) shall be deleted.



22. In section 8 d paragraph 4 to 7 including footnotes 22 and 23:



"(4) The payment of the aid referred to in section 6 to 8a shall apply the annual amount referred to

in the program of aid in the wine-growing and Winery for the Czech Republic

According to the regulation of the European Union ^ 22) (hereinafter referred to as "the programme") for the

restructuring and conversion of vineyards. Fund support under section 6 to 8a of this

Regulation quite reduced, if the total of all claims from section 6 to 8a of this

the regulation exceeds the amount of financial resources allocated from the budget of the

Of the European Union.



(5) The payment of the aid referred to in section 8 shall apply to an annual amount referred to in

Program intended for investment. Fund support under section 8 of this regulation

the relatively reduced, if the total of all claims of section 8 of this regulation

exceeds the amount of the funds allocated from the budget of the European

the Union.



(6) the granting of the aid in accordance with section 6, section 8 or section 8a of the growers ' requests

concerning the areas ineligible for submission of the application for the premium for

the grubbing-up of vineyards ^ 23) a proportional reduction of the aid referred to in paragraph 4

does not apply.



(7) If, after the payment of the aid referred to in § 5 (3). 2 or § 8 c will be

available unpaid funds, the Fund carries out a proportional surcharge

the applicants paid the aid up to the amount of permissible aid.



22) Article. 103i et seq.. Council Regulation (EC) No 1234/2007, as amended.



23) Article. 85u paragraph. 8 Council Regulation (EC) No 1234/2007, as amended. ".



23. In section 8 d paragraph 8 shall be deleted.



24. Section 8e including title and footnote No. 32 to 35:



"§ 8e



The provision of data



(1) the person laid down in the EU regulation ^ 32) delivers on the Pool

issued form not later than 15. may calendar of the year form

single application ^ 33) that in addition to the requirements laid down in regulation

^ The European Union 34) contains



and a list and assessment of all) soil blocks or parts of blocks in the soil (§

3A law on Agriculture) registered in the register of the land to her,



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

soil blocks under (a)), which brought on a single form

application ^ 35).



(2) form an integral part of the single application is the plotting of soil

blocks or parts of blocks of soil, in accordance with paragraph 1 (b). and in the map)

soil blocks or parts of blocks in the soil, in scale 1:10 000 or

more detailed.



Article 32). 11. 1 third subparagraph of Commission Regulation (EC) no 1122/2009,

in the current version.



Article 33). 11. 2 Commission Regulation (EC) no 1122/2009, as amended.



Article 34). 12 Commission Regulation (EC) no 1122/2009, as amended.



Article 35). 55 of Commission Regulation (EC) no 1122/2009, as amended. ".



25. Footnote 24 is repealed.



26. the following section is inserted after section 8e 8f, which including the title and notes

line No 36 to 41:



"§ 8f



Reduction of the aid



(1) if the Fund finds that the grower did not put in the form of a single

application ^ 36) assessment of all soil blocks or parts of blocks in the soil

registered in the register of land use by user relations at

growers, and the difference between the total acreage of all soil blocks

where applicable, the parts of soil blocks registered in the register on the date growers

the submission of the single application form, and the total acreage of soil blocks

where applicable, the parts of soil blocks referred to in the form of a single application is



and) greater than 3% but less than or equal to 4% of the acreage referred to in

the single application will reduce the support ^ 37) according to § 2 and § 6-8b,

covered by the obligation to submit a single application form, about 1% ^ 38),



(b)) is higher than the 4% but less than or equal to 5% of the acreage referred to in

the single application will reduce the support ^ 37) according to § 2 and § 6-8b,

covered by the obligation to submit a single application form, 2% ^ 38),



(c) more than 5%), reduce support ^ 37) according to § 2 and § 6-8b,

covered by the obligation to submit a single application form about 3% ^ 38).



(2) If an applicant for assistance under section 6 to 8 c, which has the obligation to submit

the Declaration of the harvest, production or stock ^ 39), exceeds
the term for his or their submission, the Fund reduced support under section 6 to 8 c

about 1% per working day after the date of filing of the Declaration ^ 40).

If the applicant for assistance under section 6 to 8a exceeds the term of submission

any of the declarations referred to in the first sentence of more than 10 working days,

does not qualify for the aid for the current marketing year and not for the marketing

the following year.



(3) If an applicant for assistance under section 8 c, which has the obligation to submit

the Declaration of the harvest, production or stock, enter in any of the

the Declaration is incomplete or inaccurate data, which are essential for the

the correct application of the measures, the Fund reduced support under section 8 c 1% ^ 41).



Article 36). 11. 1 Commission Regulation (EC) no 1122/2009, as amended.



Article 37). 55 paragraph. 2 Commission Regulation (EC) no 1122/2009, as amended.



Article 38). 55 paragraph. 1 Commission Regulation (EC) no 1122/2009, as amended.



Article 39). 8 to 11 of Commission Regulation (EC) No 436/2009, as amended.



40) Article. 18 paragraph. 1 the second subparagraph of Commission Regulation (EC) No 436/2009,

in the current version.



Article 41). 18 paragraph. 2 Commission Regulation (EC) No 436/2009, as amended. ".



27. the following section is inserted after section 8f 9, including footnotes, No 42

added:



"section 9



If the applicant makes use of the previously granted replanting rights allocated by

Regulation of the European Union ^ 42), the security shall be lodged with the Fund in the amount of 75 000 CZK

1 ha of new vineyards vysazované.



Article 42). 63 of Commission Regulation (EC) No 555/2008, as amended. ".



28. in annex No. 1 to the end of the table the following text:



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Kutná Hora

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Sedlec u Kutná Hora

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“.



Article. (II)



The transitional provisions of the



Applications for support measures to protect shrubs vines against damage

caused birds made the Fund in the marketing year 2009/2010

28. February 2010, according to the Government Regulation No 245/2004 Coll., as amended effective

to the date of entry into force of this regulation, shall be assessed in accordance with regulation

No. 245/2004 Coll., as amended, effective the day of the entry into force of this

of the regulation.



Article. (III)



The effectiveness of the



This Regulation shall enter into force on the day 15. July 2010.



The President of the Government:



Ing. Fischer, CSc., r.



Minister of agriculture:



Ing. Sebesta in r.