369/2010 Sb.
GOVERNMENT REGULATION
from day 1. December 2010,
amending Government Decree No. 479/2009 Coll., on the determination of the consequences of
violation of the cross-compliance providing some aid, and some
related government regulations
Change: 309/2014 Sb.
The Government ordered pursuant to section 2b, paragraph 1. 2 and § 2 c of paragraph 1. 5 of law No 249/1997
Coll., on agriculture, as amended by Act No. 128/2003 Coll., Act No. 85/2004
Coll., Act No. 317/2004 Coll., Act No. 441/2005 Coll. and Act No.
291/2009 Coll., and pursuant to section 1 (1). 3 of Act No. 256/2000 Coll., on the State
the agricultural intervention fund and amending some other acts
(the law on the State agricultural intervention fund), as amended by Act No.
441/2005 Coll.:
PART THE FIRST
cancelled
Article. (I)
cancelled
Article. (II)
cancelled
PART TWO
Change of government regulation on the determination of detailed conditions when performing
the measures of the common organisation of the market in wine
Article. (III)
In annex 2 to the regulation of the Government 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., Decree-Law No 82/2009 Coll., and
the Government Decree No 480/2009 Coll., section 2:
"2. the applicant on surface soil of the block, or its part, marked in
the registration of land as land
and vulnerable, erozně) will ensure that they will not grow širokořádkové
crops of maize, potatoes, beets, pea, soya and bob sunflowers; the growths
grains and oilseed rape in the area so designated will be established with
using půdoochranných technology; in the case of cereals may not be
condition půdoochranných technology in setting up stands
only in the case that will be grown with podsevem clover
b) slightly vulnerable erozně, ensure that the širokořádkové crops maize,
potatoes, beet, pea, soya and bob sunflower will be established only with the
using půdoochranných technology. ".
Article. (IV)
Transitional provision
The procedure for the granting of subsidies on applications submitted under Decree-Law No.
245/2004 Coll. started before 1. July 2011 shall be completed in accordance with regulation
No. 245/2004 Coll., in the version in force before 1 July. July 2011.
PART THREE
Change of government regulation on the determination of certain terms of the provision of
separate sugar payment in to sugar beet growers
Article. In
In the annex to Decree-Law No 45/2007 Coll., laying down certain
conditions for granting separate sugar payment in to sugar beet growers,
as amended by regulation of the Government No. 480/2009 Coll., section 2:
"2. the applicant on surface soil of the block, or its part, marked in
the registration of land as land
and vulnerable, erozně) will ensure that they will not grow širokořádkové
crops of maize, potatoes, beets, pea, soya and bob sunflowers; the growths
grains and oilseed rape in the area so designated will be established with
using půdoochranných technology; in the case of cereals may not be
condition půdoochranných technology in setting up stands
only in the case that will be grown with podsevem clover
b) slightly vulnerable erozně, ensure that the širokořádkové crops maize,
potatoes, beet, pea, soya and bob sunflower will be established only with the
using půdoochranných technology. ".
Article. (VI)
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.
PART FOUR
Change of government regulation on the determination of certain terms of the provision of
single area payment scheme of agricultural land and some of the conditions
provision of information on the processing of agricultural products originating in the
the land referred to in
Article. (VII)
In the annex to Decree-Law No 47/2007 Coll., laying down certain
conditions for granting the single area payment of agricultural land and
certain terms of the provision of information on the processing of agricultural
products originating in the land referred to peace, as amended by regulation of the Government
No 480/2009 Coll., section 2:
"2. the applicant on surface soil of the block, or its part, marked in
the registration of land as land
and vulnerable, erozně) will ensure that they will not grow širokořádkové
crops of maize, potatoes, beets, pea, soya and bob sunflowers; the growths
grains and oilseed rape in the area so designated will be established with
using půdoochranných technology; in the case of cereals may not be
condition půdoochranných technology in setting up stands
only in the case that will be grown with podsevem clover
b) slightly vulnerable erozně, ensure that the širokořádkové crops maize,
potatoes, beet, pea, soya and bob sunflower will be established only with the
using půdoochranných technology. ".
Article. (VIII)
Transitional provision
The procedure for the granting of subsidies on applications submitted under Decree-Law No.
47/2007 Coll. started before 1. July 2011 shall be completed in accordance with regulation
No 47/2007 Coll., in the version in force before 1 July. July 2011.
PART FIVE
Change of government regulation on the conditions for the provision of payments for natural
handicaps in mountain areas, areas with other handicaps and
in Natura 2000 sites on agricultural land
Article. (IX)
In annex 2 to the Government Regulation No. 75/2007 Coll., on conditions for
the provision of payments for natural handicaps in mountain areas
areas with other handicaps and in Natura 2000 sites on the
agricultural land, as amended by regulation of the Government No. 480/2009 Coll., section 2:
"2. the applicant on surface soil of the block, or its part, marked in
the registration of land as land
and vulnerable, erozně) will ensure that they will not grow širokořádkové
crops of maize, potatoes, beets, pea, soya and bob sunflowers; the growths
grains and oilseed rape in the area so designated will be established with
using půdoochranných technology; in the case of cereals may not be
condition půdoochranných technology in setting up stands
only in the case that will be grown with podsevem clover
b) slightly vulnerable erozně, ensure that the širokořádkové crops maize,
potatoes, beet, pea, soya and bob sunflower will be established only with the
using půdoochranných technology. ".
Article. X
Transitional provision
The procedure for the granting of subsidies on applications submitted under Decree-Law No.
75/2007 Coll. started before 1. July 2011 shall be completed in accordance with regulation
No 75/2007 Coll., in the version in force before 1 July. July 2011.
PART SIX
Change of government regulation on the conditions for the implementation of agri-environment
measures
Article. XI
Government Regulation No. 79/2007 Coll., on conditions for the implementation of the
Agri-environment measures, as amended by Decree-Law No. 114/2008
Coll., regulation of the Government No. 45/2009 Coll., regulation of the Government No. 83/2009 Coll.,
the Government Decree No 480/2009 Coll., regulation of the Government No. 78/2010 and
No. 112/2010 Coll., shall be amended as follows:
1. In section 14 para. 3 (b). (b)), the following point 5 is added:
"5. the violation of the conditions set out in § 8 para. 5 (b). e), with respect to the findings of the
7 the applications referred to in § 8 para. 5 (b). e) point 1 or 2. "
2. in article 14, the following paragraph 5 is added:
"(5) in the calendar year within the
Agri-environment measures calculated in accordance with section 13 shall be reduced by 50%,
If the Fund finds the applicant in application of the title integrated production
violation of the conditions set out in § 8 para. 5 (b). (e)), in the case of finding 8
the applications referred to in § 8 para. 5 (b). e) point 1 or 2. ".
3. In article 15 (b). (d)), point 1, the words "or e)" shall be deleted.
4. In paragraph 15 (b). (d)), the following point 5 is added:
"5. the violation of the conditions set out in § 8 para. 5 (b). e), with respect to the findings of the
more than 8 applications referred to in § 8 para. 5 (b). e) point 1 or 2. "
5. in section 17(2). 1 (b). (b)) point 3 (b), after the words ". (f)) "the words
"where appropriate, in a sample taken from the Fund".
6. in section 17(2). 1 (b). (b)), point 6, the words "(a). (h)) "the words
"where appropriate, in a sample taken from the Fund".
7. in annex 2 section 2:
"2. the applicant on surface soil of the block, or its part, marked in
the registration of land as land
and vulnerable, erozně) will ensure that they will not grow širokořádkové
crops of maize, potatoes, beets, pea, soya and bob sunflowers; the growths
grains and oilseed rape in the area so designated will be established with
using půdoochranných technology; in the case of cereals may not be
condition půdoochranných technology in setting up stands
only in the case that will be grown with podsevem clover
b) slightly vulnerable erozně, ensure that the širokořádkové crops maize,
potatoes, beet, pea, soya and bob sunflower will be established only with the
using půdoochranných technology. ".
Article. (XII)
Transitional provisions
1. the procedure for the granting of subsidies on applications submitted under the regulation of the Government
No 79/2007 Coll. opened before 15. December 2010 shall be completed according to the
Government Regulation No. 79/2007 Coll., in the version in force until 15. December 2010.
2. the procedure for the granting of subsidies on applications submitted under the regulation of the Government
No 79/2007 Coll. started before 1. July 2011 shall be completed according to the
Government Regulation No. 79/2007 Coll., in the version in force before 1 July. July 2011.
PART SEVEN
Change of government regulation on the determination of the conditions for the granting of subsidies for
afforestation of agricultural land
Article. XIII
In annex 2 to the Decree-Law No 239/2007 Coll., laying down conditions
for the provision of subsidies for afforestation of agricultural land, as amended by
the Government Decree No 480/2009 Coll., section 2:
"2. the applicant on surface soil of the block, or its part, marked in
the registration of land as land
and vulnerable, erozně) will ensure that they will not grow širokořádkové
crops of maize, potatoes, beets, pea, soya and bob sunflowers; the growths
grains and oilseed rape in the area so designated will be established with
using půdoochranných technology; in the case of cereals may not be
condition půdoochranných technology in setting up stands
only in the case that will be grown with podsevem clover
b) slightly vulnerable erozně, ensure that the širokořádkové crops maize,
potatoes, beet, pea, soya and bob sunflower will be established only with the
using půdoochranných technology. ".
Article. XIV
Transitional provision
The procedure for the granting of subsidies on applications submitted under Decree-Law No.
239/2007 Coll. started before 1. July 2011 shall be completed in accordance with regulation
Government no 239/2007 Coll., in the version in force before 1 July. July 2011.
PART EIGHT
Change of government regulation on the determination of certain terms of the provision of
separate payment for tomatoes for processing
Article. XV
In the annex to Decree-Law No 95/2008 Coll., laying down certain
the conditions of granting the separate payment for tomatoes for processing,
as amended by regulation of the Government No. 480/2009 Coll., section 2:
"2. the applicant on surface soil of the block, or its part, marked in
the registration of land as land
and vulnerable, erozně) will ensure that they will not grow širokořádkové
crops of maize, potatoes, beets, pea, soya and bob sunflowers; the growths
grains and oilseed rape in the area so designated will be established with
using půdoochranných technology; in the case of cereals may not be
condition půdoochranných technology in setting up stands
only in the case that will be grown with podsevem clover
b) slightly vulnerable erozně, ensure that the širokořádkové crops maize,
potatoes, beet, pea, soya and bob sunflower will be established only with the
using půdoochranných technology. ".
Article. XVI
Transitional provision
The procedure for the granting of subsidies on applications submitted under Decree-Law No.
95/2008 Coll. started before 1. July 2011 shall be completed in accordance with regulation
Government No 95/2008 Coll., in the version in force before 1 July. July 2011.
PART NINE
Change of government regulation on the determination of the conditions for the granting of subsidies for
conservation of economic forest file in the framework of Natura
2000 in the Woods
Article. XVII
In annex No. 3 to Decree-Law No 146/2008 Coll., laying down conditions
for the provision of subsidies on the conservation of economic forest file
vegetation in the framework of Natura 2000 in forests, as amended by regulation of the Government
No 480/2009 Coll., section 2:
"2. the applicant on surface soil of the block, or its part, marked in
the registration of land as land
and vulnerable, erozně) will ensure that they will not grow širokořádkové
crops of maize, potatoes, beets, pea, soya and bob sunflowers; the growths
grains and oilseed rape in the area so designated will be established with
using půdoochranných technology; in the case of cereals may not be
condition půdoochranných technology in setting up stands
only in the case that will be grown with podsevem clover
b) slightly vulnerable erozně, ensure that the širokořádkové crops maize,
potatoes, beet, pea, soya and bob sunflower will be established only with the
using půdoochranných technology. ".
Article. XVIII
Transitional provision
The procedure for the granting of subsidies on applications submitted under Decree-Law No.
147/2008 Coll. started before 1. July 2011 shall be completed in accordance with regulation
Government No 147/2008 Coll., in the version in force before 1 July. July 2011.
PART TEN
Change of government regulation on the determination of the conditions for the granting of subsidies for
forest-environment measures
Article. XIX
In annex 4 to the Government Regulation No. 53/2009 Coll., laying down conditions
for the provision of subsidies on forest-environment measures, as amended by
the Government Decree No 480/2009 Coll., section 2:
"2. the applicant on surface soil of the block, or its part, marked in
the registration of land as land
and vulnerable, erozně) will ensure that they will not grow širokořádkové
crops of maize, potatoes, beets, pea, soya and bob sunflowers; the growths
grains and oilseed rape in the area so designated will be established with
using půdoochranných technology; in the case of cereals may not be
condition půdoochranných technology in setting up stands
only in the case that will be grown with podsevem clover
b) slightly vulnerable erozně, ensure that the širokořádkové crops maize,
potatoes, beet, pea, soya and bob sunflower will be established only with the
using půdoochranných technology. ".
Article. XX
Transitional provision
The procedure for the granting of subsidies on applications submitted under Decree-Law No.
53/2009 Coll. started before 1. July 2011 shall be completed in accordance with regulation
No 53/2009 Coll., in the version in force before 1 July. July 2011.
PART ELEVEN
Changing government regulations establishing certain conditions for the granting of
payments to the cows which are kept in the system with the market milk production
Article. XXI
In the annex to Decree-Law No 88/2010 Coll., laying down certain
the terms of payment on the cow in a system with market
milk production, paragraph 2 reads as follows:
"2. the applicant on surface soil of the block, or its part, marked in
the registration of land as land
and vulnerable, erozně) will ensure that they will not grow širokořádkové
crops of maize, potatoes, beets, pea, soya and bob sunflowers; the growths
grains and oilseed rape in the area so designated will be established with
using půdoochranných technology; in the case of cereals may not be
condition půdoochranných technology in setting up stands
only in the case that will be grown with podsevem clover
b) slightly vulnerable erozně, ensure that the širokořádkové crops maize,
potatoes, beet, pea, soya and bob sunflower will be established only with the
using půdoochranných technology. ".
Article. XXII
Transitional provision
The procedure for the granting of subsidies on applications submitted under Decree-Law No.
87/2010 Coll. started before 1. July 2011 shall be completed in accordance with regulation
No 87/2010 Coll., in the version in force before 1 July. July 2011.
PART TWELVE
The EFFECTIVENESS of the
Article. XXIII
This Regulation shall enter into force on the day the Government
January 1, 2011, with the exception of the provisions of part a) to the sixth article. (XI) with regard to the
paragraphs 1 to 6, and article. (XII) with regard to paragraph 1, which shall be effective
day 15. December 2010, and
(b) the provisions of part one of the article). Also, with regard to paragraph 18, and article. (II) if
on point 2, part of the second through fifth, part six article. XI, on point
7, and article. (XII) with regard to point 2, and part of the seventh through eleventh, which
They shall become effective on 1 January 2004. July 2011.
Prime Minister:
RNDr. Nečas in r.
Minister of agriculture:
Ing. Fuksa in r.