Changing The Conditions Of Implementation Of The Measures Of The Common Organisation Of The Market In Wine

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

Read the untranslated law here: https://portal.gov.cz/app/zakony/download?idBiblio=67345&nr=320~2F2008~20Sb.&ft=txt

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.