Agriculture (Amendment) Act And Certain Other Acts

Original Language Title: změna zákona o zemědělství a některých dalších zákonů

Read the untranslated law here: https://portal.gov.cz/app/zakony/download?idBiblio=57495&nr=85~2F2004~20Sb.&ft=txt

85/2004 Sb.



LAW



of 14 July 1999. January 2004,



amending the law No 249/1997 Coll., on agriculture, as amended by

amended, and certain other laws



Change: 441/2005 Sb.



Change: 409/2006 Sb.



Change: 503/2012 Sb.



Change: 89/2009 Sb.



Parliament has passed the following Act of the United States:



PART THE FIRST



Agriculture (Amendment) Act



Article. (I)



Act No. 252/1997 Coll., on agriculture, as amended by Act No 62/2000 Coll.

Act No. 308/2000 Coll. and Act No. 128/2003, is amended as follows:



1. in article 2, paragraphs 2 to 4 are deleted, while paragraph is lifted

1.



2. In section 2b, paragraph 1. 1 the word "Fund" shall be replaced by the words "State farm

the intervention fund (hereinafter referred to as "the Fund") "and the words" with the exception of the measures referred to in

a special legal regulation, ^ 4 g) carried out by the Ministry, "including the

footnote # 4 g) shall be deleted.



3. In section 2 c of paragraph 1. 4, the word "Department" shall be replaced by the word "Fund".



4. In section 2 c, the following paragraphs 5 and 6 are added:



"(5) the Government establish the conditions for the implementation of programmes of structural

the aid referred to in paragraphs 1 and 2, if this adjustment required by applicable

the legislation of the European communities.



(6)-or if the relevant law of the European

of the community with immediate effect to the Member or future

Member State to create the conditions for future implementation of these

the relevant legislation of the European communities prior to the

the acquisition of their immediate effect, modifies the Government terms

for future implementation of these relevant laws and regulations of the European

of the community to the implementation of the common market organisations under section 2a and to

the implementation of structural assistance referred to in paragraphs 1 and 2. ".



5. In section 2d paragraph. 2, the word "Department" shall be replaced by "the Ministry

Agriculture (hereinafter referred to as "the Ministry") ".



6. the following paragraph shall be inserted after paragraph 2d 2e-2 h, which including the titles and notes

footnote 4 h) to 4n):



' paragraph 2e



Business in agriculture



(1) Agricultural entrepreneur under this Act is a natural or

legal person who intends to engage in agricultural production as

continuous and discrete activities on their own behalf, on your own

responsibility for profit, under the conditions laid down in this

by law, and that, with regard to a person's physical



and) has reached the age of 18,



(b)) has the capacity to perform legal acts,



(c)) is impeccable,



d) is competent (article 2f, paragraph 2),



e) has permanent residence ^ 4 h) on the territory of the Czech Republic, unless it is for the citizen

The United States or a citizen of a Member State of the European Union,



f) interview before the locally competent municipal authority of the municipality with extended

the competencies demonstrated basic knowledge of the Czech language, unless it is a

a citizen of the United States or a citizen of a Member State of the European Union;

Basic knowledge of the Czech language proves to be a natural person, if it is

able to



1. the language fluently and clearly respond to questions relating to the

common situations of daily life and business,



2. fluently read the article from the specified regular daily press and Word of mouth,

in your own words, to disclose its contents.

Meet the facts referred to in points (a) to (f))) for legal persons

must demonstrate its responsible representative. Responsible representatives for the purposes of

This Act is a natural person provided for a legal entity

responsible for the proper operation of the business and which is in the employment relationship

to agricultural entrepreneurs.



(2) a natural person responsible for the minor cultivation and breeding

activities or selling unprocessed plant and livestock products,

is not subject to the registration of agricultural entrepreneurs under this Act.



(3) agricultural production including forestry ^ 4i) and on the water

areas means



a) crop production including the hop-growing, fruit growing, viticulture,

viticulture and cultivation of vegetables, mushrooms, medicinal and ornamental plants,

aromatic plants, plants for technical use on land

own, leased, or used on the basis of other legal

reason, or operated without land,



b) livestock production involving the economic and other breeding animals or

animals for the purpose of the acquisition and production of animal products,

farm animals to stroke and sports and breeding racehorses,



(c) production of breeding breeding animals) and use their genetic

material in respect of the animals referred to in point (b)),



(d)) the production of seed and planting, nursery crops and genetic material

plants,



e) editing, processing and sale of own production of agricultural production

including food production ^ 4j) from it,



f) fish, aquatic animals and plants growing on the water surface to the

land of their own, leased or used by any other

the rule of reason.



(4) Agricultural entrepreneur under this Act is entitled to also

to provide work, performance, or services that are associated only with the

agricultural production and which make use of the means or device

serving agricultural production.



(5) For integrity, for the purposes of this Act shall be considered one who is not

convicted or who looks as if he has been convicted of a 4 k ^ ^)



and) for an offense committed intentionally jail sentence

freedom for a duration of at least one year,



(b)) for an offense committed deliberately, which is committed in the context of

with the business and that is not a criminal offence referred to in subparagraph (a)), or



(c)) for an offense committed by negligence committed by the

connection with the business of agriculture.



section 2f



Registr



(1) a natural or legal person who proposes to do business in agriculture,

other than a natural person referred to in section 2e paragraph. 2, is required to register.



(2) Agricultural entrepreneur registers the locally competent municipal office

municipalities with extended competence (hereinafter referred to as "local authority"), if the applicant



and) meets the conditions referred to in section 2e paragraph. 1,



(b)) meets the competence requirements



1. obtaining education at least at the level of vocational secondary education ^ 4 l)

in a farm field, veterinary medicine and veterinary prevention,

or at the level of full secondary education with a focus on agriculture,

or by completing an accredited retraining course aimed

on the performance of the General agricultural activities in the range of a minimum of 150 hours,

or



2. by demonstrating agricultural practice on the holding for at least the

period of 5 years.

The competent municipal authority for the registration of the applicant of the agricultural business

It is the municipal office municipality with extended powers, in whose territorial scope

the place of business or registered office of the agricultural entrepreneurs. Place

business for the purposes of this Act, means the place where the agricultural

businessman controls its business activity.



(3) in the application for registration in the register of agricultural entrepreneurs natural

the person shall indicate the



and) first and last name, country of citizenship, permanent residency, if assigned,

otherwise, the address for service, as a rule, at the place of stay

a natural person on the territory of the Czech Republic or in place of business (the name of the

the village, part of the street name, house number and indicative, if

assigned the zip code), your social security number, if assigned,

date of birth, and whether her court or the administrative authority did not impose the ban

activities related to agricultural production, whether it lasts another obstacle

relating to the operation of agricultural production,



(b) foreign natural person) also the address of the place of residence outside the territory of the United

Republic,



c) indication of professional competence, if it meets the,



(d)) the focus of agricultural production,



e) identification number, if assigned,



(f) the estimated date of the initiation of the operation) of agricultural production,



(g)) the end date of the performance of agricultural production, if it intends to

engage in agricultural production for a specified period,



h) an indication of whether the performance of agricultural production will employ

employee.



(4) in the application for registration in the register of agricultural entrepreneurs, if

filed by a legal person, shall bear the



and the business name or name), (name of the municipality of its registered office, its elements, the name of the

Street, house number and indicative, if allocated, the postal

the routing number) and the name, or names, surname, nationality,

social security number, if assigned, or date of birth, place of

of permanent residence of the person or persons who are the statutory body

or its members, unless it is a citizen of the United States or a citizen of the

The European Union, and an indication whether the Court or the administrative authority did not impose the ban

activities related to agricultural production, whether it lasts another obstacle

relating to the operation of agricultural production,



(b)) in the foreign legal person, for the purpose of business established

organizational folder in the Czech Republic, its location in the United

Republic and data relating to the head of the organizational folder, referred to in

(a)),



(c)) the data referred to in paragraph 3 (b). a), (b)), and (c)) regarding the responsible

the representative,



(d)) the data referred to in paragraph 3 (b). d) to (h)).



(5) on the application by a natural person or legal person shall be accompanied by documents

certifying the fulfilment of the conditions laid down in this law for writing to


Registr.



(6) Municipal Office municipality with extended competence shall issue the applicant, if

meets the conditions laid down in this law, within 30 days, a certificate of registration to the

Registr. At the same time it shall inform the competent authority of the

State statistics, which on that basis shall be allocated to the agricultural

identification number of the entrepreneurs. The certificate shall specify the information referred to in

paragraph 3, if it is a physical person or the information referred to in paragraph 4,

in the case of a legal person.



(7) in the records of the competent municipal office municipality with extended competence

shall without delay the facts set out in the published certificates and

the identification number allocated to the agricultural entrepreneurs. When you change and

the demise of the facts entered in evidence and when their agricultural production

agricultural entrepreneurs proceed with expanded local authority of

application mutatis mutandis.



(8) in assessing the competence of the applicant for registration of the

progresses in accordance with the specific legislation. ^ 4 m) when assessing the

professional competence shall be decided by the regional authority in doubtful cases.



(9) a foreign person for the purposes of this Act, a natural person

resident or a legal person located outside the territory of the Czech Republic.



(10) in a proceeding under this Act shall apply to the administrative ranks, ^ 4n)

except for the release of a positive decision, for inclusion in the register of agricultural

entrepreneurs.



§ 2 g



Exclusion from register



(1) Agricultural entrepreneurs municipal office municipality with extended powers of

Registr excludes, if



and does not operate more than 24) calendar months in agricultural production,



(b)) died, if it is a person's physical, if not a legal successor,



(c)), in the case of a legal person,



d) exclusion from register of agricultural entrepreneurs agricultural entrepreneur

himself so requests.



(2) If a successor wants to continue in business, this

the fact the municipal office municipality with extended competence within 3 months from

the death of the agricultural entrepreneurs. The administrator shall notify the heritage

the fact the municipal office municipality with extended competence within 1 month from the date of

the date on which he was ordained. If the successor does not satisfy the conditions referred to in

section 2e paragraph. 1, shall immediately appoint a responsible representative.

The provisions of § 2 e of paragraph 1. 1 shall not apply.



(3) on an appeal against the decision on exclusion from register is decided by the regional

the Office. After the legal force of the decision on exclusion from register of the municipal

the Office of the municipality with extended competence shall delete from the register without delay.



section 2 h



The local authority of ORP carries out responsibilities under section 2f

and 2 g in by; costs borne by the State.



4 h), for example, Act No. 326/1999 SB. on residence of aliens in the territory of the United

Republic and amending certain laws, as amended.



4i) Law No 289/1995 Coll., on forests, and amending and supplementing certain

laws (forest law), as amended.



4J) Act No. 110/1997 Coll. on foodstuffs and tobacco products and

amendments to some related laws, as amended

regulations.



4 k), for example, section 60, 60a, and 70 of the criminal code.



4 l) Act No. 29/1984 Coll. on the system of elementary schools, secondary schools and

higher vocational schools (the Education Act), as amended.



4 m) Act No. 18/2004 Coll., on the recognition of professional qualifications and other

eligibility of nationals of the Member States of the European Union and the

amendments to certain laws (law on the recognition of professional qualifications).



4N) Act No. 71/1967 Coll., on administrative proceedings (administrative code), as amended by

amended. ".



Former footnote No. 4 h) to 4n), including links to these

the footnote shall be renumbered as footnote # 4o) up to 4u).



7. in section 3, paragraph 3. 1 the words "§ 2 (2). 3 and 4.0 ' shall be deleted.



8. In section 3, paragraph 3. 5 (b)) shall be deleted.



Subparagraph (c)) and (d)) shall become point (b)), and (c)).



9. in section 3, paragraph 3. 6, after the words "the Treaty", the words "or of the competent

legal regulation of the European communities ".



10. In paragraph 5, the following paragraphs 4 to 6 shall be added:



"(4) the natural or legal person who operates an agricultural production

under this Act, without being registered in the register of agricultural

entrepreneurs can be fined up to 200 000.



(5) a natural or legal person who presents false information in

the request pursuant to section 2f para. 3-5, can be fined up to 100

000.



(6) a fine in accordance with paragraphs 4 and 5 stores, selects and enforced by the municipal office

of the municipality with extended competence. When you select and the recovery process according to the

special legislation. ^ 5e) fines are the budget income of the village with

extended powers. ".



Article II



Transitional provisions



1. the person responsible at the date of entry into force of this Act, agricultural

production pursuant to Act No. 106/1990 Coll., on citizens ' private business, in

the text of Act No. 219/1991 Coll. and Act No. 455/1991 Coll., shall be deemed to

agricultural entrepreneurs to engage in agricultural production in accordance with this

the law, if within a period of 1 year from the date of entry into force of this

registers the Act on the appropriate municipal office municipality with extended

application under section 2f law No 249/1997 Coll., on agriculture, as amended by

of this Act. Certificate issued by hospodařícímu separately some

pursuant to Act No. 106/1990 Coll., on citizens ' private business, as

Act No. 219/1991 Coll. and Act No. 455/1991 Coll., the 5 years from the date of

entry into force of this Act; the holder of this certificate shall be deemed to

agricultural entrepreneurs to engage in agricultural production in accordance with this

the law. If the self-employed farmer does not intend to operate the

agricultural production under this Act, it shall ask the local authority of a

extended powers for the issue of a certificate of removal from the register of persons

conducted pursuant to Act No. 106/1990 Coll., on citizens ' private business, in

the text of Act No. 219/1991 Coll. and Act No. 455/1991 Coll.



2. deleted



3. the local authority of the ORP will take over registration of persons

under point 1, led by the municipal authorities within 1 year from the date of acquisition

the effectiveness of this Act.



PART TWO



Amendment of the Act on pension insurance



Article. (III)



In § 9 para. 3 of Act No. 155/1995 Coll., on pension insurance, letter

and) including footnote # 9):



"and in agriculture, business) If a natural person, operating

agricultural production registered by a special Act, ^ 9)



9) § 2f law No 249/1997 Coll., on agriculture, as amended

regulations. ".



PART THREE



cancelled



Article IV



cancelled



PART FOUR



Amendment of the Act on public health insurance



Article. In



In section 5 (b). b) of Act No. 48/1997 Coll., on public health insurance,

paragraph 1, including footnote 1b) is added:



"1. the persons doing business in agriculture; ^ 1b)



1B) Law No 249/1997 Coll., on agriculture, as amended

regulations. ".



PART FIVE



Amendment of the Act on the State agricultural intervention fund



Čl.VI



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 by Act No. 128/2003, is amended as follows:



1. In section 1 (1). 2, letter c) the following point (d)), which read as follows:



"(d)) performs Government-approved programs aimed at non-food

utilization and processing of agricultural products ".



Subparagraph (d)) to (j)) are known as the letters e) to).



2. In article 1 (1). 2 at the end of the letter k) dot is replaced by a comma and

the following point l) including footnote # 1f):



"l) conducts programs of structural aid under a special legal

prescription. ^ 1f)



1F) § 2 c of law No 249/1997 Coll., as amended. ".



3. In section 9a (c)), including footnote 8) is repealed.



Subparagraph (d)) to (f)) shall become points (c) to (e)).)



4. In section 10, at the end of paragraph 2 the following sentence "the amount of rewards associated with

the performance of a member of the Supervisory Board shall determine the rules of the Fund. ".



5. in article 11, the following paragraph 5 is added:



"(5) the Fund in the implementation of programmes of structural aid under the specific

^ law) proceed in accordance with paragraphs 1 to 4 apply mutatis mutandis. ".



6. § 12 para. 1, the words "as well as the individual data obtained

by the Department for statistical purposes "shall be deleted.



7. in section 12, the following paragraph 3 is added:



"(3) the Fund shall cooperate with the authorities of other Member States or the future

the Member States of the European communities with the same or similar

competencies, including mutual support. ".



PART SIX



cancelled



Article. (VII)



cancelled



PART SEVEN



Regulation (EEC)



Article. (VIII)



Shall be repealed:



1. section 12a-12e of Act No. 106/1990 Coll., on citizens ' private business,

as amended by Act No. 219/1991.



2. Act No. 216/1991 Coll., amending and supplementing Act No. 106/1990

Coll. on the private business of citizens.



PART EIGHT



The EFFECTIVENESS of the



Article. (IX)



This Act shall take effect on the date of the Treaty of accession of the Czech

Republic to the European Union in force, with the exception of article. I, points 1 to 5, 7


through 9, art. (VI) and article. (VII) which shall take effect on the date of its publication.



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