149/2008 Coll. GOVERNMENT REGULATION of 16 April 2008 on the establishment of certain conditions, to grant aid for diversification beet take Government directs that pursuant to section 2b, par. 2 Act No. 252/1997 Coll., On agriculture, as amended by Act No. 128/2003 Coll. and Act No. 441/2005 Coll., section 1 par 3 of Law no. 256/2000 Coll., on the State Agricultural Intervention Fund and amending certain other laws (the State Agricultural Intervention Fund) , as amended by Act No. 441/2005 Coll.: § 1 Scope This regulation governs in relation to the directly applicable European Community regulations ^ 1) The conditions for granting aid for diversification it some beet take State Agricultural Intervention Fund) ^ 2 (hereinafter the "Fund"). § 2 The aid for diversification (1) The application for the aid for diversification (hereinafter referred to it as "application") may be filed by any natural or legal person, and II) which with the sugar business, 3) who renounced quota or part thereof, or whose quota has been affected applications for restructuring aid would take of sugar beet, under the directly applicable European Community regulation governing the temporary scheme for the restructuring of the sugar industry; 4) and the contract for the delivery of beet for the marketing year "preceding the marketing year for which the sugar quota is renounced or part thereof, or whose quota affecting applications for restructuring aid would take of sugar beet, under the directly applicable European Community regulation governing the temporary scheme for the restructuring of the sugar industry ^ 4), (b)) that the Fund granted restructuring aid for the marketing year for which the sugar quota is renounced or part thereof , or whose quota has been affected applications for restructuring aid would take of sugar beet, under the directly applicable European Community regulation governing the temporary scheme for the restructuring of the sugar industry ^ 4), c), which bought the farm, whose purchase can be co-financed from the diversification aid (hereinafter "supported agriculture machine"), in the period from the beginning of the marketing year for which the sugar quota is renounced or part thereof , or whose quota has been affected applications for restructuring aid would take of sugar beet, under the directly applicable European Community regulation governing the temporary scheme for the restructuring of the sugar Industry ^ 4), by 31 March of the next year, d), which manages farmland led to the applicant's date of application in agricultural parcels identification based on user relations (§ 3a and 3b of the Agriculture Act) (hereinafter referred to it as the "applicant"). (2) agricultural machines are Supported and) combine, b), c) forage harvesters reversing plow with mechanical or pneumatic locking device leakage, d) preparation machine, deepening or loosening soil limiting water and wind erosion, e) seeder allowing drilling in unprocessed or partially processed soil f) machine for application of liquid fertilizer limiting ammonia emissions into the air or machine for the application of solid manure or (g)), the pressure sprayer he soil does not exceed 200 kPa, and were made in the period from the beginning of the calendar year "preceding the first Economic year in which the sugar quota is renounced or part thereof, or in which his quota affect applications for restructuring aid would take of sugar beet, under the directly applicable European Community regulation governing the temporary scheme for the restructuring of the sugar industry ^ 4). (3) For supported farm is not the tractor or other towing vehicle. (4) The application may also be made by a person who is the legal successor of the applicants which meet the conditions for granting the aid for diversification, or to which crossed the rights and obligations resulting from the sale or lease of a business enterprise. (5) The application may also be submitted to the person who took over farmland applicants under the conditions stipulated in Government Regulation laying down the conditions for granting subsidies in connection with the early termination of agricultural activity, agricultural entrepreneur ^ 5), or under the conditions specified directly applicable European Community law on support for rural development by the European Agricultural Fund Rural Development ^ 6) which would meet the conditions for granting aid for diversification under this Regulation. (6) In the cases referred to it in paragraphs 4 and 5, however, is not entitled that submit an application to the Fund, and a person who might otherwise be the applicant under this Regulation. (7) The facts set out in paragraphs 4 and 5 of the pre-existing person referred to it in those paragraphs of the Fund together with the application, including the manner and extent of the transfer or assignment of rights and obligations relating to the terms of grant aid for diversification. § 3 The rate of diversification aid fund by 15 February of the marketing year for which the sugar quota is renounced or part thereof, or whose quota has been affected applications for restructuring aid would take of sugar beet, under the directly applicable European Community regulation governing the temporary scheme for the restructuring of the sugar industry ^ 4) publish the rate of aid for diversification 1 tonne of sugar beet , which applies to the applicant within the prescribed amount of the aid for diversification Czech Republic regulation of the European Communities of 7 ^ ^). The rate of aid for diversification 1 tonne of beet equal to the proportion of the amount of the aid for diversification of the set for the Czech Republic regulation of the European Communities ^ 7) and total tonnes of quota beet and negotiated all contracts according to § 2 para. 1 point. and it converted the sugar content) of 16%. section 4 of the Application (1) The applicant shall deliver the request of the Fund by 31 March of the marketing year following the marketing year for which the sugar quota is renounced or part thereof, or whose quota has been affected applications for restructuring aid would take of sugar beet, according to the European Communities directly applicable regulation regulating temporary scheme for the restructuring of the sugar industry ^ 4) He and the form issued by the Fund. (2) The applicant shall attach to the application and the proof of purchase), the purchase price, the specific pressure-supported agricultural machinery on land and date of supported agricultural machines listed in the application, or a certified copy, (b)) an affidavit that he has supported and the farm mentioned in the application did not receive financial support from other public funds, (c)) and the contract for the delivery of beet or a certified copy signed with the sugar business, 3) who renounced quota or part thereof, or whose quota has been affected by the application for restructuring aid would take of sugar beet, under the directly applicable European Community regulation governing the temporary scheme for the restructuring of the sugar industry ^ 4), for the year "preceding the first business year for which the sugar quota is renounced or part thereof , or whose quota has been affected by the application for restructuring aid sugar beet would take under the directly applicable European Community regulation governing the temporary scheme for the restructuring of the sugar industry ^ 4). § 5 Providing aid for diversification Fund decides that grant aid for diversification ^ 8) the applicant an amount equivalent to 40% of it to the cost of one or more of the supported agricultural machinery stated in the application under section 4, and the documents provided by § 4 para. 2, but only up to the amount equal to the maximum amount of the aid for diversification, which corresponds to the product of the beet tonnes of quota and the person concerned agreed in the contract according to § 2 para. 1 point. and it converted the sugar content) of 16%, and the rate of aid for diversification 1 tonne of beet specified under section 3. section 6 (1) If the Fund that the applicant has been sold or supported using leased agricultural machine before the expiration of 3 years from the date of the decision it provide aid for diversification, decide on the repayment of the aid for diversification of and) 90%, if supported farm sells or rents during the first year following the date of the decision that grant aid for diversification , b) 70%, if supported farm sells or rents during the second year following the date of the decision that grant aid for diversification, c) 50%, if supported farm sells or rents during the third year following the date of the decision that grant aid for diversification. (2) The applicant is not required to return the funds often provided aid for diversification referred to in paragraph 1 that, if supported farm sold or rented in connection with the sale of a business or rental business. section 7 of the Transitional provision for the 2007/2008 marketing year, the Fund will publish the rate of aid for diversification 1 tonne of beet referred to it in section 3 of the 30 June 2008. § 8 the Effectiveness This regulation comes into force on 1 May 2008. Prime Minister: Ing. Topolanek mp Minister of Agriculture: Mgr. Gandalovič vr 1) of Council Regulation (EC) no 320/2006 of 20 February 2006 establishing a temporary scheme for the restructuring of the sugar industry in the Community and amending Regulation (EC) no 1290/2005 on the financing of the common agricultural policy, as amended. Commission Regulation (EC) no 968/2006 of 27 June 2006 laying down detailed rules for implementing Council Regulation (EC) no 320/2006 establishing a temporary scheme for the restructuring of the sugar industry in the Community. 2) Act No. 256/2000 Coll., On the State Agricultural Intervention Fund and amending certain other laws (the State Agricultural Intervention Fund), as amended by Act No. 128/2003 Coll., Act No. 41/2004 Coll. Law No. 85/2004 Coll., Act No. 235/2004 Coll., Act No. 482/2004 Coll., Act No. 441/2005 Coll., Act No. 130/2006 Coll., Law No. 342/2006 Coll. and Act No. 35/2008 Coll. 3) § 2. Government Decree) No. 337/2006 Coll., laying down certain conditions for the implementation of the measures of the common organization of the markets in the sugar sector. 4) Art. 3 and 4 of Regulation (EC) no 320/2006, as amended. 5) Decree No. 69/2005 Coll., Laying down the conditions for granting subsidies in connection with the early termination of agricultural activity, agricultural entrepreneur, as amended the Government Regulation No. 512/2006 Coll. 6) Article. 23 of Council Regulation (EC) no 1698/2005 of 20 September 2005 on support for rural development by the European Agricultural Fund for Rural Development (EAFRD). 7) Commission Decision no 278/2007 of 23 April 2007 amending, for the 2007/08 marketing year, the amounts of the aid for diversification and additional aid for diversification to be granted under the temporary scheme for the restructuring of the sugar industry in the Community. 8) Article. 17 of Commission Regulation (EC) no 968/2006.