87/2010 Sb.



GOVERNMENT REGULATION



of 22 March. March 25, 2010



on the determination of some of the terms of payment on the cow

in a system with market milk production



Change: 369/2010 Sb.



Change: 61/2012 Sb.



Change: 448/2009 Sb.



Change: 400/Sb.



Change: 308/2014 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.:



§ 1



The subject of the edit



This regulation lays down further to the directly applicable provisions

The European Union ^ 1) (hereinafter referred to as "Decree of the European Union") some of the conditions

providing payments to the cows which are kept in the system with the market milk production

(hereinafter referred to as "payment") State agricultural intervention fund (hereinafter referred to as

The "Fund").



§ 2



The applicant for the payment of



The payment by the applicant ("the applicant") is a natural or legal

a person who behaves in a system with market cow milk production (hereinafter referred to as

"the cow") on the economy registered in the central register kept by

According to the law plemenářského ^ 2) to 31. March of the calendar year, the

that payment is required, and that the released Fund delivers

request for payment form (hereinafter referred to as "application") for the calendar

year.



§ 3



Request for payment



(1) the request must be delivered to the Fund by issued by the form no later than

15. in May of the calendar year ^ 3).



(2) the request in addition to the formalities established by the law of the European Union ^ 4)

contains



and a list and assessment of all) soil blocks (section 3a, paragraph 3, of the law on

Agriculture), or parts of soil blocks (section 3a, paragraph 4, of the law on

Agriculture) agricultural land registered in the land register on the applicant

According to § 3a to 3 c of the law on agriculture,



(b) a list of dairy cows held by the applicant) to 31. March of the competent

the calendar year, including the identification numbers and dates of birth, the system

from the perspective of market milk production and calculation of livestock

units; conversion factor for determining the number of livestock

units for payment for dairy cows is 1,



(c) the description and the method of using) ^ 5) all soil blocks or parts

soil blocks under (a)),



(d)) Declaration by the applicant that the application is all agricultural

the soil that you used, and undertakes to comply with the terms in it

cross-compliance ^ 6) throughout the calendar year.



(3) an integral part of the application is



and plotting the soil blocks) where applicable, the parts of soil blocks according

paragraph 2 (a). and soil blocks on the map), or parts of soil blocks

in the scale 1:10 000 or more detailed,



(b) demonstrating the revenue ratio) form or the proceeds for the sold milk to

total revenue or yields from agricultural production under section 2e paragraph.

3 (b). a) to (e)) of the law on agriculture for the calendar year preceding the

the date of filing of the application; in the total income or revenue is not counted

income or income from the operation of facilities for the processing of biomass in order to

energy production and renewable fuels, subsidies and compensation claims

events for the calendar year preceding the date of application,



(c) copies of the documents proving sale) milk to the customer per calendar year

preceding the date of the request.



§ 4



The conditions for the provision of payment



(1) a payment shall provide the applicant Pool to the total number of livestock

units determined in accordance with the list of dairy cows in accordance with § 3 (1). 2 (a). (b)),

If the share of the income or loss for a sold milk to the total revenue

or yields from agricultural production during the calendar year preceding the date of the

submission of the application is higher than or equal to 15%.



(2) the Fund shall provide payment



and the full amount of rates), if the share of the income or loss for a sold milk

of total revenue or yields from agricultural production for the calendar

the year preceding the date of submission of the application is higher than or equal to 30%, the applicant

satisfies the conditions laid down in this regulation and throughout the calendar year

complies with the conditions of good agricultural and environmental condition

set out 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

aid and does not occur unless the fact to reduce, where appropriate,

failure to provide payment in accordance with the European Union "^ 1"), or under section 5,

or



(b)) in the half-rate, if the proportion of income or loss for a sold

milk on the total revenue or yields from agricultural production for

calendar year preceding the date of submission of the application is higher than or equal to 15

% and less than 30%, the applicant satisfies the conditions laid down in this regulation and

complies with the conditions of good agricultural and environmental condition

set out 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

aid and does not occur unless the fact to reduce, where appropriate,

failure to provide payment in accordance with the European Union "^ 1"), or according to § 5.



(3) the Fund shall provide a payment, if the total number of livestock

units is at least 2 livestock units.



(4) the Fund will provide payment, if the total amount of direct payments,

which has been applied for or to be granted before the application of the

reductions and exclusions from payments in a given calendar year, is at least 100

EURO ^ 1).



(5) the Fund does not provide payment on a cow, which is in the same

calendar year required payment on breeding cows without market production

milk ^ 8).



(6) the payment referred to in paragraphs 1 to 4 shall provide the Fund for applications made in

2012, and in the following period under another law ^ 19).



§ 5



A reduction in payment or rejection of applications



(1) if the Fund finds that the applicant delivered the request after the time limit laid down in paragraph 3,

where appropriate, amendment of the application after the time limit set by the EU regulation ^ 9),

the payment shall be reduced, where appropriate, the application will be rejected according to the legislation of the European Union ^ 9).



(2) if the Fund finds that the number of livestock units of dairy cows

raised by the applicant on the date of 31. March of the calendar year is

greater than the number of livestock units referred to in the request, the

to calculate the payment, the number of livestock units referred to in the request.



(3) if the Fund finds that the number of livestock units of dairy cows

raised by the applicant on the date of 31. March of the calendar year is

less than the number of livestock units referred to in the request, payment

reduced, where appropriate, the application will be rejected according to the legislation of the European Union ^ 10).



(4) if the Fund finds cases of irregularities with regard to the system for

the identification and registration of bovine animals, the payment shall be reduced, where appropriate, the application will be rejected

According to the regulations of the European Union ^ 11).



(5) if the Fund finds that the applicant in the request pursuant to section 3 did not indicate all the

area in accordance with the regulations of the European Union ^ 12), and the difference between the total

area specified in the application and a summary of the total area covered by the application

and in the application nevykázané is



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% ^ 12)



(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% ^ 12)



c) higher than the 5% of the areas referred to in the request, the payment shall be reduced by 3% ^ 12).



(6) if the share of income or loss for a sold milk to

total revenue or yields from agricultural production for the calendar year

preceding the date of application (hereinafter referred to as "share") of less than

the share of income or loss for a sold milk to the total revenue or

revenue from agricultural production during the calendar year preceding the date of the

submission of the application referred to in the application (hereinafter referred to as "the declared share"), and

the difference between the observed proportion and declared share is



and not more than 3%) found the applicant shall reduce the share of the Fund the appropriate payment

about 5% of the share to which the applicant has met the conditions for the grant of

payments,



(b)) is greater than 3% and not more than 30% of the observed proportion will reduce the applicant Pool

the payment of 20% of the share to which the applicant has complied with the

the conditions for the grant of payments,



c) higher than 30% of the observed proportion, the Fund does not provide payment.



§ 6



The publication of the above payments



The rate of the payments referred to in paragraph 4 of the Fund shall be published by 30 November. November

the calendar year in a manner allowing remote access and

in at least one national journal.



§ 7



The effectiveness of the



This Regulation shall enter into force on 1 January 2000. April 2010, with the exception of item 11

the annex to this regulation, which takes effect on January 1. January 2012.



Prime Minister:



Ing. Fischer, CSc., r.



Minister of agriculture:



Ing. Sebesta in r.



Annex



cancelled



Selected provisions of the novel



Article. XXII No. 369/2010 Sb.



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.




Article. XXII No. 448/2012 Sb.



Transitional provision



Management of applications made pursuant to Government Regulation No. 87/2010 Sb.

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

Government Regulation No. 87/2010 Coll., in the version in force until the date of entry into force of

of this regulation.



Article. XXII No. 400/Sb.



Transitional provision



Management of applications made pursuant to Government Regulation No. 87/2010 Sb.

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

Government Regulation No. 87/2010 Coll., in the version in force until the date of entry into force of

of this regulation.



section 18 of the regulation of the Government No. 308/2014 Sb.



Transitional provision



Management of applications made pursuant to Government Regulation No. 87/2010 Sb.

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

Government Regulation No. 87/2010 Coll., in the version in force prior to the date of acquisition

the effectiveness of this regulation.



1) European Parliament and Council Regulation (EC) No 1760/2000 of 17 December 1999.

July 2000 on the system for the identification and registration of bovine animals and regarding the labelling

beef and beef products and repealing Council Regulation (EC)

No 820/97, as amended.



Council Regulation (EC) No 73/2009 of 19 January. January 2009 laying down

common rules for direct support schemes under the common agricultural

policy and establishing certain support schemes for farmers and

amending Regulation (EC) No 1290/2005, (EC) no 247/2006, (EC) No.

378/2007 and repealing Regulation (EC) No 1782/2003, as amended.



Commission Regulation (EC) no 1120/2009 of 29 June. October 2009 laying

down detailed rules for the single payment scheme in accordance with title III of the

Council Regulation (EC) No 73/2009 establishing common rules for

direct support schemes under the common agricultural policy and establishing

establishing certain support schemes for farmers.



Commission Regulation (EC) no 1122/2009 of 30 November November 2009

down 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

under the system of direct support for the wine sector.



2) Act No. 155/2000 Coll., on the breeding, breeding and registration

farm animals and amending certain related laws

(plemenářský Act), as amended by Act No. 309/2002 Coll., Act No.

162/2003 Coll., Act No. 288/2003 Coll., Act No. 444/2005 Coll. and act

No 130/2006 Sb.



3) Article. 11 Commission Regulation (EC) no 1122/2009.



4) Article. 12 Commission Regulation (EC) no 1122/2009.



5) Article. 13 of Commission Regulation (EC) no 1122/2009.



6) title II, Chapter 1 of Council Regulation (EC) No 73/2009, as amended.



Part II, title III, chapter III of Commission Regulation (EC) no 1122/2009.



8) § 8 of Decree-Law No 112/2008 Coll., laying down certain conditions

providing national additional payments to direct aid, as amended by

amended.



9) Article. 23 of Commission Regulation (EC) no 1122/2009.



10) Article. 65 of Commission Regulation (EC) no 1122/2009.



11) Article. 63 of Commission Regulation (EC) no 1122/2009.



12) Article. 55 of Commission Regulation (EC) no 1122/2009.



13) § 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.



14) section 7 of the Ordinance 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.



15) for example, § 75 of 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.



16) 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 17). 1 (b). a) and b) of the Act No. 254/2001 Coll. on waters and the

amendments to certain acts (the Water Act).



18) 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.



19) section 7 of the Government Regulation No. 60/2012 Coll., laying down certain conditions

to provide special support to farmers.