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Granting The Separate Sugar Payment To Sugar Beet Growers

Original Language Title: poskytování oddělené platby za cukr pěstitelům cukrové řepy

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45/2007 Sb.



GOVERNMENT REGULATION



of 28 June. February 13, 2007



on the determination of some of the conditions for granting separate sugar payment in

to sugar beet growers



Change: 310/2007 Sb.



Change: 83/2009 Sb.



Change: 480/2009 Sb.



Change: 369/2010 Sb.



Change: 480/2009 Coll. (part)



Change: 448/2009 Sb.



Change: 400/Sb.



Change: 308/2014 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.

(hereinafter referred to as the "Act") and pursuant to § 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.:



§ 1



The subject of the edit



This regulation ^ 1) modifies the following on directly applicable provisions of

Of the European communities ^ 2) some conditions for granting decoupled payments

sugar beet (hereinafter referred to as the "1917 payment") State

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



§ 2



The applicant for a 1917 payment



(1) payment of 1917 for the calendar year under this regulation

may ask the natural or legal person who



and) manages agricultural land registered on the applicant in the register

agricultural land use based on user relations (§ 3a and 3b of the Act),



(b)) has concluded for the marketing year 2005/2006 a contract for the supply of sugar

A beet and sugar beet B ^ 4) with the manufacturer of sugar, which is based in the United

Republic and which has been in the marketing year 2005/2006

individual production quotas and sugar production quotas and an individual

B sugar (hereinafter referred to as "the manufacturer of sugar"),



(c) request for the Fund will deliver) the provision of the single area payment

agricultural land ^ 5) for the calendar year to which it applies for the payment, 1917

and



d) complies with the conditions of good agricultural and environmental condition

listed in annex 2 to the regulation of the Government No. 309/2014 Coll., laying down

consequences of violation of the cross-compliance provision of certain agricultural

of the aid,



(hereinafter referred to as "the applicant").



(2) an application for payment of the 1917 may bring also the person who is the legal

the successor to the applicant, who would fulfill the conditions of granting payments under the

This regulation, or the rights and obligations of which passed as a result of

transfer of an undertaking, business or rental ^ 5b).



(3) an application for payment can also be submitted 1917 person who assumes

the agricultural land of the applicant under the conditions laid down in the Decree of the Government of

the determination of the conditions for the grant of the subsidy in relation to the early

termination of operation of the agricultural activities of agricultural entrepreneurs ^ 5 c),

where applicable, under the conditions laid down by the directly applicable law

Of the European communities, the adaptation of the support for rural development from the

The European agricultural fund for rural development ^ 5 d), which would meet

conditions for granting payment 1917 under this regulation.



(4) the facts referred to in paragraphs 2 and 3 demonstrates the applicant Pool

at the same time asking for payment, including how to 1917 and

the scope of the transfer or the transfer of rights and obligations relating to the

the conditions of granting of the 1917 payments. In those cases, however, it is not

entitled to submit an application to the Fund the person that might otherwise be the applicant

under this regulation.



§ 3



Request for payment of the 1917



(1) the applicant shall deliver the Fund request for payment for the 1917

calendar year (hereinafter referred to as "the application"). may the competent

calendar year on a form issued by the Fund.



(2) the applicant attaches to the request referred to in paragraph 1, the contract for the supply of

sugar beet and sugar beet and B ^ 4), for the marketing year

2005/2006 concluded with the producer of sugar, or its certified copy,

If it did not provide with an application in any of the previous calendar

years.



section 3a



Compensation of financial discipline



(1) according to the regulation of the European Union relating to the financing, management and

monitoring of the common agricultural policy) is a competent ^ 15 calendar

year for the implementation of the compensation for the financial discipline of the calendar year

request a 1917 payment.



(2) compensation of financial discipline is carried out by the applicant of the 1917

the payment for which was carried out adjustment Fund sugar payments

provided on the basis of requests for payment lodged in the 1917

calendar year.



(3) the percentage of the amount of the Compensation Fund provides financial discipline

the ratio of the amount notified by the European Commission to the sum of all the amounts of adjustments

sugar payments made in a calendar year for applicants

in accordance with paragraph 2.



(4) the Fund provides for the applicant for the payment of compensation by a decision of 1917

financial discipline by multiplying the percentage of the amount of the financial compensation

discipline pursuant to paragraph 3 of the payments made to the amount of sugar on the edit

the applicant in the calendar year, and shall make payment of compensation

financial discipline to 16. October of the calendar year following the

request a payment of 1917 in the calendar year.



§ 4



Provide payment 1917



(1) the Fund shall provide the applicant 1917 payment for the calendar year

the quantities of sugar beet agreed under the contract for the marketing year

2005/2006 with a manufacturer for the delivery of sugar beet and sugar beet

B ^ 4), intended for the production of sugar and B sugar, converted to a sugar content of 16

%.



(2) in determining the amount of the rates payment for the calendar 1917

year per tonne of sugar beet is based on the total amount of 1917

payment determined for the calendar year in accordance with the directly

the applicable law of the European communities) and ^ 7 the total amount

sugar beet for production of sugar and B sugar, stipulated in the contracts for the

the marketing year 2005/2006 with the sugar manufacturers to beet and supply and

sugar beet B ^ 4), converted to a sugar content of 16%.



(3) the Fund shall disclose the rate of 1917 payments for the calendar year

referred to in paragraph 2 to 30. November of the calendar year at least

in one national journal, and in a way allowing remote access.



(4) if the applicant has not been granted a single payment to agricultural area

the land for the calendar year to which it applies for the payment, the applicant pool to 1917

1917 House for payment under this Regulation shall not be granted.



Section 4a



Reduction in 1917 payments



If the Fund finds that the applicant in the request pursuant to § 2 (2). 1 (b). (c)) did not put

all area in accordance with the regulations of the European communities ^ 8) and

the difference between the total area referred to in the application and a summary of the total

areas referred to in the request and the request is nevykázané



and) greater than 3% but less than or equal to 4% of the area covered by the application,

the payment shall be reduced by 1% ^ 8),



(b)) is greater than 4% but less than or equal to 5% of the areas referred to in the request,

the payment shall be reduced by 2% ^ 8),



c) higher than the 5% of the areas referred to in the request, the payment shall be reduced by 3% ^ 8).



§ 5



The effectiveness of the



This Regulation shall enter into force on the date of 15. March 2007.



Prime Minister:



Ing. Topolanek in r.



Minister of agriculture:



Mgr. Gandalovič in r.



Annex



cancelled



Selected provisions of the novel



Article. (IV) Government Regulation No. 480/2009 Sb.



Transitional provision



Proceedings for the year 2009 according to Government Regulation No. 45/2007 Coll. initiated prior to the

date of entry into force of this Regulation shall be completed in accordance with government regulation

No 45/2007 Coll., in the version in force until the date of entry into force of this

of the regulation.



Article. (VI) Government Decree No. 369/2010 Sb.



Transitional provision



The procedure for the granting of subsidies on applications submitted under Decree-Law No.

45/2007 Coll. started before 1. July 2011 shall be completed in accordance with regulation

No 45/2007 Coll., in the version in force before 1 July. July 2011.



Article. (VI) Government Regulation No. 448/2012 Sb.



Transitional provision



Management of applications made pursuant to Government Regulation No. 45/2007 Sb.

initiated before the date of entry into force of this Regulation shall be completed according to the

Government Regulation No. 45/2007 Coll., in the version in force until the date of entry into force of

of this regulation.



Article. (VI) Government Regulation No. 400/Sb.



Transitional provision



Management of applications made pursuant to Government Regulation No. 45/2007 Sb.

initiated before the date of entry into force of this Regulation shall be completed according to the

Government Regulation No. 45/2007 Coll., in the version in force until the date of entry into force of

of this regulation.



section 2 of the regulation of the Government No. 308/2014 Sb.



Transitional provision



Management of applications made pursuant to Government Regulation No. 45/2007 Sb.

initiated before the date of entry into force of this Regulation shall be completed according to the

Government Regulation No. 45/2007 Coll., in the version in force prior to the date of acquisition

the effectiveness of this regulation.



1) Is released for the implementation of and within the law, whose content allows you to

make an adjustment in the wake of the directly applicable provisions of the European

the Community regulation of the Government.



2) Article. 143ba of Council Regulation (EC) No 1782/2003 of 29 September 2003. September 2003,

establishing common rules for direct support schemes under the

the common agricultural policy and establishing certain support schemes

for farmers, and amending Regulation (EEC) No 2019/93, (EC) No.

1452/2001, (EC) no 1453/2001, (EC) No 1454/2001, (EC) No 1868/94,

(EC) No 1251/1999, (EC) No 1254/1999, (EC) no 1673/2000, (EC) No.

2358/71 and (EC) no 2529/2001, as amended.




Article. 17A of Commission Regulation (EC) No 796/2004 of 21 April 2004. April 2004 laying

down detailed rules for the cross-compliance, modulation and 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

certain support schemes for farmers, as amended.



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 by Act No. 128/2003 Coll., Act No. 41/2004

Coll., Act No. 85/2004 Coll., Act No. 235/2004 Coll., Act No. 482/2004

Coll., Act No. 441/2005 Coll., Act No. 130/2006 Coll. and Act No.

342/2006 Sb.



4) of Council Regulation (EC) No 1260/2001 of 19 June 2001. June 2001 on the common

organisation of the markets in the sugar sector, as amended.



5) of Decree-Law No 47/2007 Coll., laying down certain conditions

the provision of single area payment scheme and certain agricultural land

the conditions of provision of information on the processing of agricultural products

originating in the land referred to peace.



5B) § 488b to 488h of the commercial code.



5 c) Government Decree No. 69/2005 Coll., laying down conditions for the granting of

grants in connection with early termination of the operation of agricultural

activity of the agricultural entrepreneurs, as amended by Government Decree No. 512/2006

SB.



5 d) Article. 23 Council Regulation (EC) No 1698/2005 of 20 October 2005. September 2005 on the

support for rural development from the European agricultural fund for development

rural development (EAFRD), in its up-to-date version.



7) Article. 143ba of para. 2 and 3 of Council Regulation (EC) No 1782/2003, as amended

the text of the.



8) Article. 14. 1 and 1a of Commission Regulation (EC) No 796/2004, as amended

the text of the.



9) § 2 (b). h) Act No. 156/1998 Coll., on fertilisers, supporting soil

substances, preparations and auxiliary plant substrates and

agrochemical testing of agricultural soil (fertilizers Act), as amended by

Act No. 9/2009 Sb.



10) section 7 of the Decree of the Ministry of agriculture no. 274/1998 Coll., on storage

and how the use of fertilizers, as amended by Decree No 91/2007 Sb.



11) for example, section 75 of the Act No. 114/1992 Coll., on nature and landscape protection,

as amended by Act No. 132/2000 Coll., Act No. 76/2002 Coll., Act No.

320/2002 Coll. and Act No. 222/2004 Coll.



12) for example, Act No. 114/1992 Coll., as amended,

Government Regulation No. 79/2007 Coll., on conditions for the implementation of the

Agri-environment measures, as amended.



§ 8 paragraph 13). 1 (b). a) and b) of the Act No. 254/2001 Coll. on waters and the

amendments to certain acts (the Water Act).



14) 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.



15) Article. 26 European Parliament and Council Regulation (EU) no 1306/2013 of

17 May. December 2013 on the financing, management and monitoring of the common

agricultural policy and repealing Council Regulation (EEC) no 352/78, (EEC) No.

165/94, (EC) No 2799/98, (EC) no 814/2000, (EC) No 1290/2005 and (EC) No.

485/2008.