320/2008 Sb.
GOVERNMENT REGULATION
of 20 December. August 2008,
amending Government Decree No. 245/2004 Coll., on the establishment of closer
the conditions for implementation of the measures of the common organisation of the market in wine, in
amended by Decree-Law No 83/2006 Coll. and regulation of the Government No. 33/2007 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.
and according to § 1 (1). 3 of Act No. 256/2000 Coll., on the State farm
the intervention of the Fund and on the amendments to certain other laws (the law on the State
the agricultural intervention fund), as amended by Act No. 441/2005 Coll.:
Article. (I)
Government Regulation No. 245/2004 Coll., on the establishment of detailed conditions when the
implementation of the measures of the common organisation of the market in wine, as amended by regulation
No 83/2006 Coll. and regulation of the Government No. 33/2007 Coll., is amended as follows:
1. in article 1, paragraph 1, including footnote No 1 is added:
"(1) this regulation lays down further to the directly applicable provisions
^ 1) of the European Communities (hereinafter referred to as "regulation of the European communities")
further conditions for the implementation of the measures with the common market organisation
wine.
1) Council Regulation (EC) no 479/2008 of 29 July. April 2008 on the common
organisation of the market in wine, amending regulations (EC) No 1493/1999, (EC) No.
1782/2003, (EC) No 1290/2005 and (EC) No 3/2008 and repealing Regulation
(EEC) No 2392/86 and (EC) No 1493/1999.
Commission Regulation (EC) No 555/2008 of 27 June. June 2008 laying
down detailed rules for the application of Council Regulation (EC) no 479/2008 on the common
organisation of the market in wine as regards support programmes, trade with
third countries, production potential and controls in the wine sector. ".
2. section 2 including title and footnote No 2 to 6:
"§ 2
The premium for the grubbing-up of vineyards
(1) an application for the premium for the grubbing-up of vineyards by directly applicable
Regulation of the European communities relating to the common organisation of the market
with wine ^ 2) serves the national agricultural intervention fund raiser ^ 3)
(hereinafter referred to as "the Fund") to form the lished 31. July calendar
^ 4 onwards).
(2) the request referred to in paragraph 1 in addition to the requirements laid down directly
the applicable law of the European communities relating to same
organisation of the market in wine ^ 2) contains
soil block number), if applicable, the part of the soil block on which the
klučená vineyard, located
(b) the assessment part of the soil block), or a part of the soil block, to which
klučená vineyard is located, unless the klučena vineyards throughout the soil
a block, or a part of the soil block
(c) the plot of the klučené part of the soil) block, or a part of the soil block, in
a map of soil blocks in the scale 1:10 000 or more detailed, in the case
the full assessment of the soil grower of neklučí block, where applicable, a part of the soil
block.
(3) the area ineligible according to the directly applicable European legislation
the community governing the common organisation of the market in wine ^ 5) for
submission of the application referred to in paragraph 1 are listed in the annex to this regulation.
(4) the grubbing-up of vineyards by the breeder must be made no later than 31 December 2006.
may calendar year ^ 6) following the year in which the
the premium application is submitted in accordance with paragraph 1.
2) Article. 98-107 of Council Regulation (EC) no 479/2008.
Article. 67 to 75 and annex XV of the Commission Regulation (EC) No 555/2008.
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.
4) Article. paragraph 102. 1 Council Regulation (EC) no 479/2008.
5) Article. paragraph 104. 5 of Council Regulation (EC) no 479/2008.
6) Article. 70 (a). c) Commission Regulation (EC) No 555/2008. ".
3. section 3, including title and footnote No 7 to 10 is added:
"§ 3
The determination of the criteria and conditions of the priority of good agricultural and
environmental status
(1) if the funds are intended for the Czech Republic from
budget of the European Union for the grubbing-up premium vineyards less than the sum of
of all the claims of the application according to § 2 (2). 1, the Fund shall decide on applications
According to § 2 (2). 1 based on the following priority criteria ^ 7)
the following order
and a higher percentage of the grubbed-up) of vineyards of the applicant in relation to the total
total area of all the vineyards of the applicant,
(b) the average age of klučených) the higher vineyards of the applicant.
(2) the conditions of good agricultural and environmental condition ^ 8) are
the applicant met if
and cancellation) of landscape elements, which are the limits, terraces,
the Group of trees, alleys and grassy, údolnice
(b)) is the cultivation of maize, potato, beet, bean, soybean and linseed
Sunflower on the soil blocks or parts of blocks of soil ^ 9), with the
the average sklonitostí in excess of 12 degrees,
(c) to slurry or liquid manure) is incorporated into the soil within 24 hours after
their application, with the exception of row crops of fertilizer tubes
applicators, on soil blocks or parts of blocks with the soil
registered type of agricultural culture of the arable land, and with an average
sklonitostí in excess of 3 degrees, if this application does not preclude the
a special law ^ 10),
(d)) not to alter the agricultural culture of the grassland to agricultural
the culture of arable land,
(e) there has been no burning herbal) residues on soil blocks, where appropriate, on the
parts of soil blocks.
7) Article. 71 of Commission Regulation (EC) No 555/2008.
8) Article. 103 of Council Regulation (EC) no 479/2008.
9) § 3a et seq.. Act No. 252/1997 Coll., on agriculture.
10) Act No. 254/2001 Coll. on waters and on amendments to certain acts (the water
Act), as amended.
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, as amended by regulation
Government No. 219/2007 Coll. and Decree-Law No 109/2008 Coll. ".
4. paragraph 4, including title and footnote No 11 to 14 read as follows:
"§ 4
Deciding on the premium for the grubbing-up of vineyards
(1) if the Fund finds that the applicant has violated by negligence ^ 11) one of the
the conditions referred to in section 3, paragraph 3. 2 on an area of agricultural land, which is
and) lower or equal to 3% of the total acreage of all soil blocks or
parts of soil blocks registered in the register, the applicant shall reduce the premium
According to § 2 (2). 1 by 1%,
(b)) is greater than 3% and less than or equal to 30% of the total acreage of all soil
blocks or parts of blocks registered in the records of the soil on the applicant,
the premium shall be reduced according to § 2 (2). 1 of 3%,
c) higher than the 30% of the total acreage of all soil blocks or parts
soil blocks registered in the register, the applicant shall reduce the premium referred to in §
2 (2). 1 by 5%.
(2) if the Fund finds that the applicant has infringed intentionally ^ 12) any of the conditions
referred to in § 3 (1). 2 on an area of agricultural land, which is
and) lower or equal to 3% of the total acreage of all soil blocks or
parts of soil blocks registered in the register, the applicant shall reduce the premium
According to § 2 (2). 1 by 20%,
(b)) is greater than 3% and less than or equal to 30% of the total acreage of all soil
blocks or parts of blocks registered in the records of the soil on the applicant,
the premium shall be reduced according to § 2 (2). 1 to 50%,
c) higher than the 30% of the total acreage of all soil blocks or parts
soil blocks registered in the records of the applicant, the premium referred to in paragraph 2 of the
paragraph. 1 the applicant does not provide.
(3) if the Fund finds that the applicant has repeatedly violated the ^ 13) one of the
the conditions referred to in section 3, paragraph 3. 2, the premium referred to in § 2 (2). 1 the applicant
According to the regulation of the European Communities shall reduce ^ 14).
11) Article. 66 of Commission Regulation (EC) No 796/2004 of 21 April 2004. April 2004,
laying down detailed rules for the application of cross-compliance, modulation and the
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
establishing certain support schemes for farmers, as amended.
12) Article. 67 of Commission Regulation (EC) No 796/2004.
13) Article. 41 (c). and) Commission Regulation (EC) No 796/2004.
14) Article. 66 para. 4 and 5 of Commission Regulation (EC) No 796/2004. ";
5. sections 5 to 7 and 9 are deleted.
6. section 8 and 8j are deleted.
7. the annex to read as follows:
"The annex to Decree-Law No 242/2004 Sb.
Areas not eligible for submission of an application (§ 2 (3))
+------------------+------------------------------+
| | Prague-Troy |
| +------------------------------+
| | Prague 2 |
| +------------------------------+
| | Prague 6 |
| +------------------------------+
| | Prague 9 |
| +------------------------------+
| | Prague 12 |
| Vinice ve +------------------------------+
wine-growing municipalities | | Karlštejn |
| +------------------------------+
| | Brno-Bystrc |
| +------------------------------+
| | Brno-Chrlice |
| +------------------------------+
| | Brno-Medlánky |
| +------------------------------+
| | Brno-Obřany-Cernovice |
| +------------------------------+
| | Brno-Turany |
| +------------------------------+
| | Brno-Vinohrady |
+------------------+------------------------------+
"
Article. (II)
Transitional provisions
1. Legal relationships arising before the date of entry into force of this regulation,
assessed according to the existing legislation.
2. For the calendar year 2008, requests pursuant to § 2 (2). 1 Government Regulation
No. 245/2004 Coll., in the version in force from the date of entry into force of this
Regulation, the Fund may be submitted to the 15. September 2008.
Article. (III)
The effectiveness of the
This Regulation shall enter into force on 8 July 2006. September 2008, with the exception of the provisions
article. I, point 6, which shall take effect on the day 16. October 2008.
Prime Minister:
Ing. Topolanek in r.
Minister of agriculture:
Mgr. Gandalovič in r.