Change Of 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=77960&nr=258~2F2012~20Sb.&ft=txt

258/2012 Sb.



REGULATION OF THE GOVERNMENT



of 11 December. July 2012,



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. and Act No. 291/2009 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., regulation of the Government No. 480/2009 Coll., regulation of the Government No. 214/2010 Coll. and

Government Decree No. 369/2010 Coll., shall be amended as follows:



1. 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. ".



2. sections 2 and 3, including headings and footnotes, no. 2, 4, 5, 6 and 7

shall be deleted.



3. In section 5 (3). 1 the word "Fund" shall be replaced by the words "State

agricultural intervention fund ^ 3) (hereinafter referred to as "the Fund") ".



4. In section 5, at the end of paragraph 1, the following sentence "the grower may submit in

only one request per calendar year. ".



5. In section 5, paragraphs 3 to 7, including footnotes, no. 43 to 45 shall be added:



"(3) the applicant shall not commence the implementation of the measures referred to in paragraph 2, including the

grubbing-up of vineyards, earlier than 4 months after the submission of the application to the Fund on or before

the control performed by the Fund in accordance with the EU regulation ^ 43).



(4) an integral part of the application referred to in paragraph 1 is part of the plot of the klučené

soil block or part in a map of soil blocks or parts

soil blocks, in scale 1:10 000, or, in the case that a more detailed

the applicant neklučí the entire assessment of the soil block or his work. The applicant

ensure the designation of klučené part of the soil block or his work visible in the

the terrain.



(5) the applicant shall deliver the Fund issued the form no later than 30 June.

April in the fourth calendar year following the calendar year in

which the application was filed, the notice of the implementation of measures on all

soil blocks or their works referred to in the request.



(6) in the case of the grant of replanting rights in advance ^ 44)

implementation of the measure means and fulfil the obligation to grub up an area of vines in the

the end of the third year after the introduction of the new vineyards, to which it was entitled to

replanting rights granted in advance.



(7) the support measures referred to in paragraph 2 may be granted only in

If the soil block or its part, on which the measure is carried out,

It is recorded in the register of land use by user relations (hereinafter

the only "evidence") on the applicant, as the vineyard in accordance with the registry

vineyards ^ 45).



Article 43). paragraph 81. 6 of Commission Regulation (EC) No 555/2008, as amended.



Article 44). 85i paragraph. 2 Council Regulation (EC) No 1234/2007, as amended.



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



45) section 28 of Act No. 321/2004 Coll., on wine-growing and Winery and amending

some related laws (Act on wine-growing and Winery), in

amended by Act No 215/2006 Coll. and Act No. 256/2011 Sb. ".



Footnote 15 is deleted.



6. In section 5, the following paragraph 9 shall be added:



"(8) Support for the measures referred to in paragraph 2 is granted under the condition

compliance with requirements for good agricultural and environmental condition referred to

in annex 2 to this regulation.



(9) the Fund requests for support for the measures referred to in paragraph 2 shall evaluate the

for each measure separately; the conditions shall be assessed for

individual soil blocks or parts thereof. ".



7. In section 6 (1). 1 (a). (b)), section 7 (2). 1 (a). (b)), section 8 (2). 1 (a). (b)) and

in section 8a, paragraph. 1 (a). and), the words ' in a given marketing year ' shall be deleted.



8. In section 6 (1). 1 (a). (d)), section 7 (2). 1 (a). (d)) and section 8 (2). 1 (a).

(d)), the words "recognized variety" shall be replaced by "moštovou variety

registered ".



9. In section 6 paragraph 2 is added:



"(2) in the application the grower shall



soil block number) or component from which it will be after the grubbing-up of vineyards

used a replanting right, or the number of the soil block or its

the workpiece, which is to be vyklučen on the basis of granting the right to reactivate

planting in advance,



(b)) the area planted vineyard acreage klučené registered in the records or part of the

of this area,



(c)) klučené variety



d) way of growing klučené vineyards,



e) number or part of the soil block, which will be planted by the new

vineyard. ".



10. In section 6, the following paragraphs 3 and 4 are added:



"(3) in the event that the grower's new vineyard on other than klučeném

soil block or part referred to in paragraph 2 (a). ) and the soil

block or its part is the date on which the application is registered in the register as

vineyards, indicating to him the application the grower in the assessment area registered

in the register, grown varieties and cultivation method.



(4) in the notice of the implementation of the measures the applicant for land block or its

the part referred to in paragraph 2 (a). (e))



and newly planted vineyard acreage),



(b)), the newly planted vineyard varietal composition,



(c) the method of cultivation of newly planted) vineyard. ".



11. In section 7 paragraph 2 is added:



"(2) in the application the grower shall



soil block number) or component from which it will be after the grubbing-up of vineyards

used a replanting right, or the number of the soil block or its

the workpiece, which is to be vyklučen on the basis of granting the right to reactivate

planting in advance,



(b)) the area planted vineyard acreage klučené registered in the records or part of the

of this area,



(c)) klučené variety



d) way of growing klučené vineyards,



(e) the number of the soil block) or component to which the vineyards

moved. ".



12. In section 7, the following paragraphs 3 and 4 are added:



"(3) in the case of the soil block or its part referred to in paragraph 2 (a). (e))

the application date is recorded in the register as a vineyard, stating to him

in the application the grower acreage planted area as recorded in the register,

the varieties grown and the method of cultivation.



(4) in the notice of the implementation of the measures the applicant for land block or its

the part referred to in paragraph 2 (a). (e))



and newly planted vineyard acreage),



(b)), the newly planted vineyard varietal composition,



(c) the method of cultivation of newly planted) vineyard. ".



13. In section 8, paragraph 2:



"(2) in the application the grower shall



soil block number) or component from which it will be after the grubbing-up of vineyards

used a replanting right, or the number of the soil block or its

the workpiece, which is to be vyklučen on the basis of granting the right to reactivate

planting in advance,



(b)) the area planted vineyard acreage klučené registered in the records or part of the

of this area,



(c)) klučené variety



d) way of growing klučené vineyards,



e) number or part of the soil block, which will be planted or

1940 – new vineyard. ".



14. In section 8, the following paragraphs 3 and 4 are added:



"(3) in the event that the grower's new vineyard on other than klučeném

soil block or part referred to in paragraph 2 (a). ) and the soil

block or its part is the date on which the application is registered in the register as

vineyards, indicating to him the application the grower in the assessment area registered

in the register, grown varieties and cultivation method.



(4) in the notice of the implementation of the measures the applicant for land block or its

the part referred to in paragraph 2 (a). (e))



and the newly planted area) or-appointed vineyards,



(b)) or the newly planted varietal composition-appointed vineyard,



(c) the method of cultivation of newly planted) or-appointed vineyard. ".



15. In section 8a, paragraph. 1 (a). (b)), point 2, the word "protect" is replaced by

"protecting".



16. In paragraph 3 of section 8a is inserted:



"(3) in the application the grower shall



soil block number) or part on which protection will be performed

the vineyard, and



(b)) the area planted vineyard acreage protected. ".



17. In section 8a, the following paragraph 4 is added:



"(4) in the notice of the implementation of the measures the applicant for land block or its
the part referred to in paragraph 3 (b). and selected) measures referred to in paragraph 1

(a). b).“.



18. In section 8, paragraph. 5, the words "30. April "is replaced by" 31. January ".



19. In section 8 paragraph 8 is added:



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

Regulation of the European Union ^ 31), it shall notify the Fund issued by the

the conclusion of leasing contracts, in that calendar year. ".



20. In section 8 d of paragraph 1. 6, the words "ineligible for submission of premium applications

for the grubbing-up of vineyards ^ 23) "shall be replaced by the words" preferred vineyards ^ 23)

referred to in annex 1 to this regulation. "



21. In section 8 d shall be added to paragraph 8 and 9 shall be added:



"(8) the Fund shall pay the aid to the applicant for the restructuring and conversion of vineyards

of the funds allocated for the marketing year on the basis of the

notice of implementation of the measures submitted to the 30. April of the calendar year.



(9) if the Fund finds that the applicant has not complied with a condition under section 5 (3). 4 sentences

Second, a reduction of aid according to § 6 to 8 about 1%. ".



22. Section 8e including title and footnote No. 32 to 34:



"§ 8e



The provision of data



(1) the person laid down in the EU regulation laying down

detailed implementing rules in respect of cross-compliance, modulation and the integrated

Administration and control system in direct support schemes for

farmers and as regards cross-compliance in the framework of the direct support scheme for the

the wine sector ^ 32), delivered to the Fund by 15. may calendar

the year on it issued by the single application, which in addition to

laid down in the EU regulation ^ 33) contains all the indications

area in accordance with the provisions of the European Union ^ 34) and how it is used.



(2) form an integral part of the single application is a plot of all the

used the areas referred to in paragraph 1 on a map of soil blocks or parts

soil blocks, in scale 1:10 000 or more detailed.



Article 32). 11 Commission Regulation (EC) no 1122/2009, as amended.



Article 33). 12 Commission Regulation (EC) no 1122/2009, as amended.



Article 34). 13 (3). 8 and article. 55 of Commission Regulation (EC) no 1122/2009, in

as amended. ".



Footnote No. 35 is deleted.



23. In section 8f of paragraphs 1 and 2, including the footnotes No. 36 to 40:



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

application ^ 36) under section 8e all area in accordance with the provisions of the European

Union ^ 37) and the difference between the total given in the form of a single

the application and a summary of total area referred to in the form of a single application

and in the form of a single application nevykázané is



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

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

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 areas referred to in

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

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



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

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



(2) If an applicant for support



and) under section 6 to 8a, which has the obligation to submit a harvest declaration,

production or stock ^ 39), exceeds in any year from the submission of the application

to the filing of the notice of the implementation of the measures provided for, the term for his or

their submission, the Fund reduced support under section 6 to 8a about 1% for each

working day after the date of filing of the Declaration in each of the

years,



(b)), pursuant to section 6 to 8a exceeds in any year from the submission of the application to the

the filing of the notice of the implementation of the measures, the term of submission of any of the

the Declaration referred to in point a) of more than 10 working days, shall be entitled to

support,



(c)) under section 8 c, which has the obligation to submit harvest, production

or inventory ^ 39), exceeds the fixed term for its or their

Administration, Fund support under section 8 c shall be reduced by 1% per working day

exceeding the term of submission of declaration ^ 40).



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



Article 37). 55 of Commission Regulation (EC) no 1122/2009.



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



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



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

436/2009. ".



24. In § 8f, the following paragraphs 4 and 5, including the footnotes

No. 46:



"(4) setback for the reduction or elimination of eligibility for aid in

the case of force majeure or exceptional circumstances as provided for in regulation

The European Union ^ 46) shall also apply to the procedure under paragraph 2 (a). and)

and (b)).



(5) the provisions of paragraphs 1 to 4 shall be without prejudice to the provisions on reduction and

the exclusion referred to in the regulation the European Union ^ 1).



Article 46). 102 Commission Regulation (EC) No 555/2008, as amended.



Article. 52 of Commission Regulation (EC) No 436/2009, as amended. ".



25. the following sections are inserted after section 8f 8 g and 8 h, which including the titles and notes

footnote No 47:



"section 8 g



Changes to the application



After the inspection carried out by the Fund in accordance with the provisions of the European Union ^ 43)

It is not permissible to replenish the soil in the request or block its work,

where appropriate, the change of the soil block or his work,



and that will be after) grubbing-up of vineyards used a replanting right

in the framework of measures referred to in section 5 (3). 2 in this regulation,



(b)) which will be planted new vineyards in the framework of measures referred to in section 5 (3).

2 of this regulation; This does not apply in the case of a transfer of rights on

planting according to § 8 h to this regulation.



§ 8 h



The transfer of replanting rights



(1) in the case of transfers of replanting rights ^ 47) mentioned in the request

support for restructuring and conversion of vineyards in accordance with section 5 of this

the purchaser shall notify this fact to the regulation of the Fund. Aid shall be granted

of the licensee, pursuant to section 8 of this regulation without the grubbing-up

own vineyards on the basis of the notification of completion of the measures submitted by the

the purchaser. The Fund is based on the data on transfers of replanting rights

included in the register.



(2) in the event that the licensee will carry out the measures referred to in section 5 (3). 2

This regulation on soil block or his work recorded in the register

as the grubbing-up of vineyards, started such a vineyard before 4 months after

the submission of changes to the application of the Fund or the Fund made before checking in

accordance with the provisions of the European Union ^ 43).



Article 47). 85i paragraph. 5 of Council Regulation (EC) No 1234/2007, as amended.



§ 9 (2). 6 of law No. 321/2004 Coll., as amended by Act No. 256/2011 Sb. ".



26. in annex No. 1 title: "Preferred vineyards (§ 8 d of paragraph 1. 6) ".



Article. (II)



Transitional provisions



1. the application for the premium for the grubbing-up of vineyards in accordance with § 2 and 3 of the Government Regulation No.

245/2004 Coll., as amended effective prior to the date of entry into force of this

Regulation, shall be assessed in accordance with the regulation of the Government No. 245/2004 Coll., as amended by

effective prior to the date of entry into force of this regulation.



2. at the request of support measures under section 5 (3). 2 (a). and (d)))

Regulation of the Government No. 245/2004 Coll., as amended, filed

The State agricultural intervention fund (hereinafter referred to as "the Fund") before the date of

the entry into force of this Regulation shall apply to Section 8e and 8f, paragraph. 1

Regulation of the Government No. 245/2004 Coll., as amended, effective from the date of acquisition

the effectiveness of this regulation.



3. The application for investment aid under article 8 c of the regulation of the Government No. 245/2004

Coll., as amended effective prior to the date of entry into force of this regulation,

the Fund made after 31 December 2006. August 2011 will assess the Government Regulation No.

245/2004 Coll., as amended, effective from the date of entry into force of this

of the regulation.



4. the applicant may, in the implementation of the measures referred to in section 5 (3). 2 (a). and (c)))

Regulation of the Government No. 245/2004 Coll., as amended, to take advantage of

replanting rights granted on the basis of the grubbing-up of vineyards before the

on 5 October. September 2010 in accordance with article. 2 Commission Regulation (EU) no 772/2010 dated

September 1, 2010, amending Regulation (EC) No 555/2008

lays down detailed implementing rules for 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 on controls in the wine sector, or

replanting rights granted on the basis of the grubbing-up of vineyards

After the inspection carried out by the Fund before the date of entry into force of this

of the regulation. Planting of new vineyards, on the basis of the law on

planting must be carried out by the end of the fifth wine year

following the grubbing-up of vineyards, of which was the right to reactivate

planting rights granted, and it



and in the case that) the grower for planting new vineyards makes use only of the right to

replanting rights granted on the basis of the grubbing-up of vineyards before the date 5.

September 2010, or replanting rights granted on the basis of the

grubbing-up of vineyards made after checking the Fund prior to the date

the effectiveness of this regulation, the application after implementation of the measures referred to in section

5 (3). 2 (a). and (b))), or (c)) Government Regulation No. 245/2004 Coll., as amended by

amended, and the notice of the implementation of the measures with the use of this

replanting rights not served; in the application the grower shall
the registration number of the grubbing-up of vineyards before the date 5. September 2010 or the number

soil block or part on which the check was carried out by the Fund

before the date of entry into force of this regulation, as set out in section 6 of the

paragraph. 4, § 7 (2). 4, § 8 paragraph. 4 and § 8a, paragraph. 4 Government Regulation No.

245/2004 Coll., as amended, effective from the date of entry into force of this

Regulation, and in the case that before planting new vineyards was on the soil

the block or its part also a vineyard, this original registration number

the vineyard; The Fund shall pay the aid to the applicant for the restructuring and conversion of

the vineyards of the funds allocated for the marketing year on the basis of the

applications submitted by 30 June 2006. April of the calendar year, or



(b) in the case of the current usage) replanting rights granted to

the basis of the grubbing-up of vineyards before the date 5. September 2010, where appropriate, the right to

replanting rights granted on the basis of the grubbing-up of vineyards made after

the control of the Fund before the date of entry into force of this regulation, and the right to

replanting rights granted on the basis of the grubbing-up of vineyards made after

the control of the Fund in accordance with the regulation of the Government No. 245/2004 Coll., as amended effective

from the date of entry into force of this regulation, for planting new vines;

the grower to the application under section 6 (1). 2, § 7 (2). 2 and § 8 paragraph. 2

Regulation of the Government No. 245/2004 Coll., as amended, effective from the date of acquisition

the effectiveness of this regulation, shall also enter the registration number of the vineyard

grubbed up before 5. September 2010 or the number of the soil block or its

the workpiece, which was checked by the Fund prior to the date

the effectiveness of this regulation.



Article. (III)



The effectiveness of the



This Regulation shall enter into force on 1 January 2005. August 2012.



The President of the Government:



RNDr. Nečas in r.



Minister of agriculture:



Ing. Sarah b in r.