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.
