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To Change The Regulation. The Consequences Of The Violation Of The Cross-Compliance-Fixing The Aid

Original Language Title: změna nař. o stanovení důsledků porušení podmíněnosti podpor

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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.