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.