128/2003 Coll.
LAW
on 2 December. April 2003, amending 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), and law no 252/1997
Coll., on agriculture, as amended
Parliament has passed the following Act of the Czech Republic:
PART THE FIRST
The amendment of Act No. 256/2000 Coll., on the State agricultural intervention fund
and on amendments to certain other laws (the law on the State farm
the intervention fund)
Article. (I)
Act No. 256/2000 Coll., on the State agricultural intervention fund and the
change of certain other laws (the law on the State farm
the intervention of the Fund) is hereby amended as follows:
1. In section 1, at the end of paragraph 1, the following sentence "the Fund belongs to the
the scope of the Ministry of agriculture (hereinafter referred to as "the Ministry"). ^ 1a) ".
Footnote. ^ 1a) is inserted:
"1a) section 28 paragraph. 2 of law No 218/2000 Coll., on the budgetary rules and the
changes to some related acts (budgetary rules), as amended by
amended. ".
2. In article 1, paragraph 2, including the footnotes no ^ 1b ^) 1e):
"(2) the Fund in accordance with the law, the law of the European communities
and international treaties by which the Czech Republic is bound,
and decides on the granting of subsidies) ^ 1b) and checks the fulfilment of the conditions
the provision of subsidies,
(b)) performs the intervention buying-in of agricultural products and foodstuffs, and
provides storage, where appropriate, the processing of the following purchased
agricultural products and foodstuffs,
c) sells or otherwise transfers purchased into intervention the agricultural
products and foods or products resulting from the processing
purchased into intervention of agricultural products or foodstuffs,
(d)) performs activities relating to the production quota system,
e) buys and sells production of selected agricultural crops
grown on land referred to peace,
(f) provides subsidies for exports) of the agricultural products and foodstuffs,
g) Decides to grant a licence for the import and export of agricultural
products and foodstuffs, and checks the fulfilment of the conditions of granting of the licence,
h) carries out activities related to the system of guarantees for agricultural
products and foods, the ^ 1 c)
I) stores, selects and takes away the financial benefits from the production of sugar under the
special legal regulation, ^ 1 d)
j) performs additional measures under special legislation. ^ 1e)
1B) of section 3 (b). and Act No. 218)/2000 Sb.
1 c) of Commission Regulation (EEC) no 2220/85 laying down common
detailed rules for the system of guarantees for agricultural products.
1 d) Council Regulation (EC, Euratom) No 1150/2000 implementing
Council decision (EC, Euratom) no 728/1994 on the system of own resources
The community.
1E) section 2a of law No 249/1997 Coll., on agriculture, as amended by Act No.
128/2003 Coll. ".
3. In article 1, paragraphs 3 to 6 shall be deleted.
4. section 2 including title:
"§ 2
Definition of terms
For the purposes of this Act, means the
and the purchase of agricultural intervention buying) products or food Fund
in order to avoid undesired fall in market prices,
(b) non-refundable on export subsidies) support designed to bridge the gap
between domestic prices and prices on the world market for exports
agricultural products or foodstuffs, which is desirable from the point of
the stability of the market,
(c) a system of production quotas) summary of the rules for the initial allocation
individual production quotas, management of kvótovanou production,
the procedure for individual production quotas being exceeded, the provision
the information necessary for the functioning of the system of production quotas, the management
with reserve for increase in existing or new allocation of individual
production quotas, and reducing individual transfers of production quotas
for the purpose of market organization with the relevant agricultural products or
food,
(d) individual production quota) quantity of the agricultural product or
food made by a person who is entitled to this quota
possess, and which can bring on a specified market during the relevant
period, without payment, or was saved set of measures,
(e) the ground referred to peace) acreage of arable land allocated in the relevant
marketing year, in order to improve the State of the environment to
the cultivation of agricultural crops, whose main product will be used to
any purpose other than the manufacture of foodstuffs or feedingstuffs; economic
year means the period from the 1. October to 30. September of the following year. ".
5. section 3, including footnotes, no. 1) to 4) is repealed.
6. In article 4 the present text becomes paragraph 1 and the following
paragraph 2, which reads as follows:
"(2) the Fund shall, in the framework of the implementation of the common organization of the market in accordance with
special legal regulation ^ 1e) to submit, through the
the Ministry of the competent authorities of the European Communities laid down in
the dates of the report and the financial statements provided for by applicable law
the regulations of the European communities. '.
7. § 5, including footnote 5) is repealed.
8. section 6, including the title:
"section 6
Grants of the Fund from the State budget
Chamber of Deputies approves the proposal at the same time the State budget
Of the Czech Republic
and a grant from the State Fund) of the budget assigned to the implementation of the
activities referred to in section 1 (1). 2,
(b) grant from the State Fund) budget earmarked to cover administrative
expenditure Fund. ".
9. under section 6, the following new section 6a and 6b, which including the titles and notes
footnote No. 6a) ^ ^ ^ 6 c) are added:
"§ 6a
The financial resources of the Fund
(1) the financial resources of the Fund are
and subsidies from the State budget) assigned to the implementation of the activities
According to § 1 (1). 2,
(b)) a subsidy from the State budget earmarked intended to cover administrative expenditure
The Fund,
(c)), the income from sales of agricultural products and food purchased by the Fund,
d) aid granted by the European communities or other foreign
the body,
e) loans granted by the Fund on the implementation of the activities referred to in section 1 (1). 2,
interest on deposits of the Fund, income from securities, contractual penalties, fines,
charges, claims and other revenue,
(f) the funds from the National Fund) ^ 6a) intended for the implementation of the common
organisations of the market under a special legal regulation, ^ 1e)
(g)) the costs associated with selection by a final decision of the stored
the financial benefits from the production of sugar under section 11 h of paragraph 1. 5 and the costs associated with the
the recovery of the funds provided by the Fund to be
The Fund returned, established a special legal regulation,
h) returned by subsidies and penalties.
(2) the financial resources referred to in paragraph 1 (b). and), c), (e)), g) and (h)),
paragraph 1 (b). (b)) and pursuant to paragraph 1 (b). (d)), and (f)) leads to the Pool
separate bank accounts.
(3) in addition to the financial resources from the State budget, earmarked for
the implementation of the activities referred to in section 1 (1). 2, can be used for these purposes
income from sales of agricultural products purchased into intervention and
foodstuffs referred to in paragraph 1 (b). (c)), loans, interest on deposits of the Fund, income
from securities, contractual penalties, fines, charges, claims and
other revenue referred to in paragraph 1 (b). (e)) and returned subsidies and penalties under the
paragraph 1 (b). (h)).
(4) the use of the financial resources referred to in paragraph 1 (b). and), c), (e)), and (h))
are transferred to the following calendar year, on the implementation of the activities
According to § 1 (1). 2 and unused financial resources referred to in paragraph 1 (b).
(b)), and (g)) be transferred to the following calendar year, on the cover
the administrative expenses of the Fund.
(5) to cover the administrative expenses of the Fund may be used only for financial
the resources referred to in paragraph 1 (b). (b)), and (g)).
(6) the Fund may, to bridge the period between the implementation of the expenditure
related to the implementation of the common market organisations under the Special
^ law 1e) and their paying of the budget of the European
with the approval of the Ministry of the community take advantage of the credit.
§ 6b
The Management Of The Fund
(1) the Fund is the responsibility of the management of the property of the Czech Republic according to
special legislation. ^ 6b)
(2) the Fund periodically checks the status of the stocks purchased by the agricultural
products and foodstuffs. On the management of the property, which is the responsibility of the Fund
manage, Director of the Fund shall be decided in accordance with the Statute of the Fund.
(3) the Fund may be one of the only securities issued by a State or securities
papers, for whose repayment is guaranteed by the State, with the exception of cases, when
The Fund shall transfer securities exclusively from the organizational components of the State
and State organisations relevant to manage state assets, ^ 6b) from
the stock of companies whose shareholder is the Czech Republic, and from the
The Land Fund of the Czech Republic.
(4) the Fund for the implementation of the activities referred to in section 1 (1). 2 ensure separate
confirmation of payment, payment and accounting of payments made under the Special
legislation. ^ 6 c)
6a) section 37 and 38 of the Act No. 218/2000 Coll., as amended.
6B) Act No. 219/2000 Coll., on the Czech Republic and its
in legal relations, as amended.
6 c), for example, Council Regulation (EC) no 1663/1995, which lays down the detailed
detailed rules for applying Council Regulation (EEC) No 729/70 with regard to
the procedure for EAGGF guarantee section accounts. ".
10. In section 7 (2). 1 the word "Presidium", be deleted.
11. In section 7 paragraph 2 is added:
"(2) the details of the activities of the Fund shall lay down the Statute of the Fund approved
the Government. The organizational arrangement of the Fund is based on the relevant legal
regulations of the European communities. ^ 6 c) ".
12. In section 7 (2). 3, the words "the members of the Presidium," shall be deleted.
13. In section 7 (2). 3, the words "pursuant to section 1 (1). 6 "shall be replaced by the words" pursuant to section
paragraph 11 c. 6 "and the words" pursuant to section 5 (3). 7 "shall be replaced by the words" pursuant to section
12A paragraph. 4. "
14. In section 7 (2). 5, the words "the Presidium and ' shall be deleted and the words" these bodies "
shall be replaced by the words "this body".
15. In section 7 (2). 7 the first sentence, the words "the Fund shall establish, for each
commodities included in the market organisation "shall be replaced by the" Fund for the implementation of
activities referred to in section 1 (1). 2 establish for individual commodities, "after the word
"composite" is added after the words "at least" and the words "to the Organization of the market"
replaced by the words "towards the implementation of the activities referred to in section 1 (1). 2. "
16. In section 7 (2). 7 the first and third sentences with the word "Presidium" is replaced by
the word "Fund" and the word "Presidium" in the third sentence shall be replaced by the word
"Fund".
17. In section 8 (2). 2, the fourth sentence is replaced by the phrase "the proposal on the appointment and
the appeal shall be submitted to the Vice-President and members of the Executive Board through the
the Minister of agriculture the Government statutory bodies of institutions that have
Executive Board representation. ".
18. In section 8 (2). 2 with fifth and seventh sentences deleted.
19. In section 8 (2). 5 points) and (b)) be deleted and subparagraph (c))
k) are referred to as letters) to i).
20. In section 8 (2). 5 (a). and the other with the word ")" be deleted and the words "pursuant to section
3 (3). 3.0 "shall be replaced by the words" in connection with the activities referred to in section 1 of the
paragraph. 2. "
21. In section 8 (2). 5 (a). (b)), the words "(§ 5 (3). 5) ' is replaced by ',
If this law provides otherwise (article 13, paragraph 13).
22. In section 8 (2). 5 (a). (c)), the words "enterprise market" shall be replaced by the words
"the implementation of the activities referred to in section 1 (1). 2. "
23. In section 8 (2). 5 (d)):
"(d) to approve the proposed budget of the Fund), and after the approval of the State budget on the
the year in the budget of the Fund, the Fund's financial statements, annual
report on the activities of the Fund and a report on the activities and management of the Fund
requested by the Ministry or the Government ".
24. In section 9 (2). 1 the word "headquarters" shall be replaced by the words "Board of Trustees".
25. In section 9 (2). 2, first sentence, the words "on a proposal from the Executive Board" shall be deleted and in the
the second sentence, the words "in the Presidium of the Fund or" shall be deleted.
26. In section 9 (2). 4, the semicolon is replaced by a dot and the rest of the sentence is
repealed.
27. In section 9 (2). 5, the words "proposes to the Executive Board the appointment and the appeal"
replaced by the words "appoints and replaces the".
28. under section 9 shall be added to § 9a, which including the title:
"§ 9a
The scope of the Ministry of
The scope of the Ministry include
and) to decide on the appeal lodged against the decision of the Fund, if this
the law provides otherwise, the
(b) to propose to the Government) the appointment and dismissal of the Director,
(c) to provide for the salary of the Director) and his Deputy, according to a special legal
Regulation, ^ 8)
(d) approve the proposed budget of the Fund), and after the approval of the State budget on the
the year in the budget of the Fund,
(e) to approve the amount of the loan), pursuant to section 6a of paragraph 1. 6,
(f)) to decide on the waiver or partial waiver of the obligation to pay
the finance charge of extraordinary and special considerations of reasons if the
the special law does not provide otherwise. ".
29. In section 10, paragraph 1. 1, the third sentence shall be deleted.
30. In section 10, paragraph 1. 1 at the end of subparagraph (b)), the comma shall be replaced by the dot and
subparagraph (c)), and (d)) shall be deleted.
31. In section 10, paragraph 1. 4, the words "and members of the Executive Board" shall be deleted.
32. section 11 including the title:
"section 11
Subsidies
(1) the Fund provides grants in accordance with this Act, the Act on
Agriculture and the Government issued regulations for their implementation.
(2) when deciding on the award of grants, the Fund has a position of authority
the public administration.
(3) if the Fund finds that conditions have not been met for granting the subsidies,
saves its return under section 11a.
(4) Fund and the recipient of the subsidy shall be obliged to keep for a period of 10 years
documents proving the provision and use of subsidies, if specific legal
the regulation provides otherwise. '.
33. under section 11, the following new section 11a to 11i, including headings and
footnotes no 9a) ^. ^ to 9 h) are added:
"§ 11a
Repayment of subsidies and penalties
(1) if the recipient of the subsidy had reached grant Fund on the basis of the
false data it referred, is obliged to provided a grant in full
the amount of the return and at the same time pay the Fund a penalty of 1 per mille
daily amounts of subsidy, up to this amount.
The finance charge shall be calculated from the date of the write-off of amounts of subsidy from the Fund to the account of the day
the crediting to the account of the Fund.
(2) if the beneficiary can prove that he could not in the day of data on
the basis of which reached unduly grants, know about their
untruthfulness Fund restricts repayment of granted subsidies only on the part of the
granted on the basis of false data and the finance charge in this case
not be saved.
(3) if the recipient of the subsidy in the course of the period, for which is provided by the
subsidies, has failed to fulfil one of the conditions to which the grant was
bound, is obliged to return the subsidy granted by the Fund and at the same time pay
Pool penalty of 1 per thousand per day of the amount returned by the subsidies, not more than
However, to this amount. The finance charge shall be calculated from the date of the write-off amount
grants from the Fund to the account the date of crediting to the account of the Fund.
(4) If the beneficiary during the period for which is provided by the
the subsidy has not only one of the conditions to which it was providing
subsidies tied, from extraordinary and special considerations of reasons may
The Fund, at the request of the recipient of the subsidy, the subsidy limit repayment
with regard to the scope of the recipient documented fact.
(5) If the beneficiary has reached the grant on the basis of
false data, with the exception of the data referred to in paragraph 2, the Fund in
the following 2 years, does not provide a subsidy.
(6) the repayment of subsidies and penalties can be imposed not later than 10 years calculated
from the 1. January the year following the year in which the non-compliance has occurred
the conditions for granting subsidies.
(7) the penalty in individual cases does not exceed 3 000 Czk,
not be imposed if the specific legislation provides otherwise.
(8) a waiver or partial waiver of the obligation to pay the finance charge may in
substantiated cases authorise the Presidium.
(9) the reimbursement and penalty saves the Fund by decision. Grants and finance charge memos
enforced by the Fund.
(10) in the cases referred to in paragraphs 1 to 9 shall not apply to the budgetary
^ 9a) rules.
section 11b
Subsidies to exports
(1) provides a subsidy for the export Fund, on the basis of a contract concluded with the
natural or legal person, that a subsidy on export requests,
the conditions laid down in this law and the regulations issued by the Government to its
implementation.
(2) a subsidy may be granted only to the export of an agricultural product or
foods originating in the Czech Republic under the limit established
the international treaty, which the Czech Republic is bound.
(3) an application for the granting of the subsidy for export shall contain the following particulars
needed to assess whether the conditions are fulfilled for the conclusion of the Treaty on
the granting of export subsidies:
and the designation of the applicant), including an indication of the identification number, if the
a legal person and a natural person who has the identification number,
or date of birth, in the case of a natural person, that the identification number
It was not allocated,
(b) the business of the applicant, item)
c) specification of an agricultural product or foodstuff, in the export of
the subsidy is required,
(d) the applicant's bank account).
(4) applications which are incomplete or contain false information, Fund
be taken into account.
(5) the material terms of the contract between the Fund and the recipient of the subsidy,
which is otherwise governed by general legislation, ^ 9b) is always
and) the quantity and type of an agricultural product or a foodstuff which
export subsidies are to be granted,
(b)) the period in which the subsidised exports of agricultural product
or food,
(c)) the conditions that the recipient must meet in relation to ensuring
the stability of the market with the appropriate agricultural product or foodstuff
(d)) the period during which the recipient of the subsidy required to keep documents
demonstrating compliance with the conditions for the grant of the subsidy,
(e) the penalties for non-compliance) terms and conditions,
(f) the commitment of the recipient of the subsidy,) that is not an importer of agricultural product
or food, which will be granted subsidies,
(g)) of the Fund to withdraw from the contract in the event of failure to comply with contractual
the conditions of the recipient of the subsidy, or in the detection of false data in the
the application for the granting of subsidies to exports.
(6) the conditions for the granting of subsidies to exports, the Government lays down its
by regulation.
(7) provides a subsidy for the export Fund in accordance with the particular legal
^ 9 c.)
§ 11 c
Intervention buying and selling
(1) the Fund into intervention purchases of agricultural products and foodstuffs for
the intervention price fixed by regulation of the Government, except where the intervention
the price of special legal regulations otherwise.
(2) the Fund may purchase into intervention only agricultural products and
foods originating in the Czech Republic.
(3) the Fund may purchase into intervention only agricultural products and
foods originating in the European Community, subject to specific
the legislation otherwise.
(4) the Fund sells or otherwise transfers purchased into intervention
agricultural products and foodstuffs originating in the European Community in the
accordance with the specific legislation. ^ 9 d)
(5) the Fund will discuss your progress in the implementation of the intervention purchases and
sales administration of State material reserves.
(6) the intervention buying and selling, and, where appropriate, related transport,
storage and processing of agricultural products and foodstuffs, the Fund carries out
either alone or through another legal or natural persons. Fund
These persons it chooses in the famous competition. The Fund shall publish
and) announcement of the tender, at least in 1 nationwide
the journal and distributed in a manner enabling remote access,
(b)) the conditions of the tender, and it means that allow remote
access,
(c) the declared results of the selection procedure) under (a)).
(7) the conditions for the implementation of intervention purchases and sales of agricultural
products and foodstuffs lays down government regulation. The Government may also provide
an agricultural product or a foodstuff the period in which it can
The intervention fund purchases, and, where appropriate, the quantity, the Fund may
buy.
section 11 d
Production quotas and their system
(1) for the performance of the individual production quotas can be used only for agricultural
product or foodstuff originating in the Czech Republic from the agricultural
materials originating in the Czech Republic, with this product or the foodstuff
may not be used to carry out individual production quotas for more than
one person authorized to dispose of the individual production quota, which
was the individual production quota, or that
individual production quota acquired from other persons authorised to dispose of the
with individual production quota (hereinafter referred to as ' the holder ').
(2) a system of production quotas shall ensure that persons wishing to enter the
the market could in each quota year, under the conditions laid down in regulation
the Government of
and ask for the individual allocation) production quotas from the reserve, or
(b)) to take the individual production quota transfer or gradient from
Another quota holder.
(3) the individual production quota or part of the quota holder may
convert a written contract, which is governed by the general laws
regulations, ^ 9b) to another person (hereinafter referred to as "the transferee quota"), if this
the law does not provide otherwise.
(4) the transfer referred to in paragraph 3 shall immediately notify the purchaser of the quota
The Fund. The formalities laid down by regulation of the Government announcement.
(5) the transferee Fund quotas, within 15 days from the date of delivery of the notification issue
a written confirmation that the transfer of individual production quotas or
its part of the records are subject to the conditions laid down in this law and the
the regulations of the Government. The date of issue of the certificate is the transfer of individual
production quotas or part of effective against third parties.
(6) Individual production quota or its part can the holder of quota
convert during the first of the quota year for which he was the individual
production or part of the quota allocated from the reserves.
(7) the provisions of paragraph 6 shall not apply to cases where the holder of quota
acquired from the reserve proves from the extraordinary and special considerations a good
the reason that he was forced to reduce the marketing of an agricultural product or a foodstuff
on the market in the Czech Republic.
(8) the provisions On transition of the quota paragraphs 4 and 5 shall apply mutatis mutandis.
(9) the holder of a quota, which produces sugar or starch, is obliged to
ensure the manufacturing facilities for the production of sugar or potato
starch such measures, which allow you to check the amount of processed
sugar beet or potato, and at any stage of the production check
produced a quantity of sugar or potato starch.
(10) the Government, within the conditions of the system of production quotas by regulation shall lay down the
and the level of national production quotas),
(b) the initial allocation) the way the individual production quotas
individual applicants in compliance with the principle of equal access to all
applicants and objective method of calculation of the individual production
quotas,
(c)) the minimum price, or a different price limit,
(d)) the way the conditions of fulfilling reserve and distribution, if
reserve a part of the system of production quotas,
(e)) to the extent required for the functioning of the system of production quotas
the information that the holders of quotas, or other persons as defined
Regulation of the Government shall be obliged to provide to the Fund,
f) conditions under which the holder of the Fund quotas will reduce individual
production quota
(g)) the details concerning the measures for the detection of the quantities processed
sugar beet or potato and produced a quantity of sugar or potato
starch.
section 11e
Milk production quotas
(1) the individual production quotas are allocated to producers of raw milk
cow's milk.
(2) the individual milk quota production is composed of delivery quotas,
under which the holder of the quota is sold or otherwise transferred to another person
raw cow's milk with a view to its further processing and of quotas
direct sales in which the quota holder sells or otherwise
transferred to another person without the assumption of further processing of milk and milk
products produced by raw cow's milk.
(3) in the performance of the delivery quota reflects the fat content in the supplied
raw cow's milk.
(4) for the purposes of this Act, the customer shall be considered as natural for milk
or legal person that purchases the raw cow's milk from the holder of the
the quota and is maintained by the Fund.
(5) the Fund include natural or legal person in the register of customers
milk on the basis of its application, if such a person
and) showing that professional is entitled to operate a business
trades,
(b)) undertakes to allow the authorised personnel of the Fund at any time access to the
the accounting documents and other documents related to the implementation of the system
the production of milk quotas in order to check compliance with obligations
the customer in this system,
(c) they undertake to send to the Fund) to 15. in May of each calendar year
evaluation of the performance of delivery quotas for the previous quota year in scope and
in the manner prescribed by regulation of the Government.
(6) on the classification of natural or legal persons in the register of customers
milk Fund shall issue to that person a certificate. If the Fund finds that the Subscriber
Once again violated the obligation referred to in paragraph 7 or to fulfil an obligation under the
paragraph 5 (a). (b)), or (c)), shall decide on the withdrawal and disposal of the
registration of the purchasers of the milk. On deciding on the inclusion of physical or
legal persons in the register of purchasers of milk and making decisions about withdrawal
certificates and removal from the register of purchasers of milk shall be the administrative code
apply with the exception of the time limits and the emergency appeals.
(7) the Customer is obliged to milk
and record the performance of quota) vans delivering to him the quota holders,
(b) at the request of the holder of quota) to inform the customer of the amount of other
raw cow's milk supplied to him by this quota holder.
(8) the holder of a delivery quota is the quota before the beginning of the year
the customer shall notify the Fund, including putting
identification number, in the case of a legal person and a natural person with
assigned the identification number, or date of birth, in the case of physical
person identification number has not been assigned, which will be in the
the quota year to deliver raw cow's milk in the framework of its
individual delivery quotas and who will be responsible for the evaluation of the
the performance of its vans.
(9) the holder of a delivery quota during that quota year
he intends to deliver a raw cow's milk more subscribers, is obliged before the
the beginning of the quota year Fund announce the volume of delivery
the quota for which the evaluation of the performance of each of its customer
the competent. Request if the circumstances, can the holder of the delivery quota in the
during the quota year to change the content of the notice, where
The Fund, announced this change to all of its customers. This change is, however,
can be made not later than 30 days before the end of the quota year.
(10) the provisions of paragraph 9 shall apply mutatis mutandis to the holders of
delivery quota during that quota year begins
in parallel to deliver raw cow's milk for more customers.
(11) the holder of a delivery quota, which changes during the relevant
the quota year, the customer is obliged to immediately after the implementation of this
changes to announce Fund new customer, including the identification
the numbers, in the case of a legal person and a natural person who
identification number, or date of birth, in the case of a natural person,
that has not been allocated an identification number, and the volume of the part of the delivery
the quota for which the evaluation of the implementation of the new customer is responsible,
While the volume of delivery quotas, for which the evaluation of the implementation of the
the original subscriber, shall not be less than the volume of the milk delivered
This customer during the quota year.
(12) the model of the application referred to in paragraph 5 and the formalities of the notification referred to in
paragraphs 8 to 11 of Ministry Decree lays down.
(13) if the holder fails to perform the obligation quota referred to in paragraphs 8 to 11,
is obliged to evaluate the performance of delivery quotas.
(14) the Fund provides a grant holder of quota to compensate for entirely or
in part, the injury suffered as a result of the introduction of the quota holder system
the production of milk quotas. The Government under the terms of a production quota system
milk in his regulation lays down the method and conditions for the provision of this
the subsidies.
section 11f
The production of quota sugar
(1) the individual production quotas of sugar are the property of the State; the allocation of the
individual production quotas of sugar State authorizes a sugar manufacturer to the
their performance over a specified period of time.
(2) the individual production quota sugar is composed of the domestic market share
quotas, within which the holder of quota sugar on the market, reported in the Czech Republic, and
of the export share of the quota, under which a holder of quota sugar exports outside the
the territory of the Czech Republic.
(3) the Fund not later than 90 days before the beginning of the quota of the year on the basis of
It evaluated the balance of production and sales of sugar quota in the past
the year, the balance of production and projected sales of sugar in the current
quota year and the balance of the estimated production and sales of sugar in
the quota year shall determine the holders of quota, the domestic quota share and
the export quota share the same way, and that their mutual ratio.
(4) the Fund quota holders no later than May 30. June of the relevant
the quota of the year the same way increase provided for the ratio of domestic
share and export share of the quota on the basis of the evaluated by balance
the production and sale of sugar under the relevant quota over the past 9 months
of the year.
(5) the Fund shall establish a procedure, which is in the performance of individual production
quota sugar takes into account the amount of sugars contained in another product.
(6) exports of sugar in the framework of the export share of the quota the quota holder may
even through other persons.
(7) the holder of the quota can be exported outside the territory of the Czech Republic any
the quantities of sugar, if it violated international commitments, which is
Czech Republic is bound.
(8) the supply of sugar to the State material reserves are not considered marketing
sugar on the market in the Czech Republic and are not part of the system of production
sugar quotas.
(9) the holder must produce the sugar quota for another person than for another
quota holders.
(10) Individual production quota sugar holder cannot convert to
another person.
(11) in the case of a sale of a business or part of the quota Fund holder
the individual shall be assigned a production quota of the sugar quota holders or
the part of the transferee undertaking or its part in the extent to which the
the transferee undertaking or its part of the liabilities against the growers
sugar beet production quota sugar corresponding to the individual holder
the quota. In the same way, the Fund also in the case of proceeds of sales of the
equipment for the production of sugar.
(12) in the case of the lease of the holding or part of the quota Fund holder
the individual shall be assigned a production quota of the sugar quota holders or
the part of the tenants or part of the undertaking in the extent to which the lessee
the undertaking or its part of the liabilities towards to sugar beet growers
the corresponding individual production quota sugar quota holders. The same
way Fund proceeds also in the case of the lease of the equipment for the
the production of sugar.
(13) in the case of a merger of the quota holder, the transfer of assets to the quota holder
the shareholder or the holder of the quota allocation Fund will allocate individual
a production quota of sugar quota holders of all or part of the person, on the
which passes the assets of the holder of the quota, in the extent to which the
This person against liabilities corresponding to sugar beet growers
individual production quota sugar quota holders.
(14) the individual production quota sugar or its part by the Fund
not referred to in paragraphs 11 to 13, is becoming part of the reserve.
§ 11 g
The potato starch production quotas
(1) the individual production quotas of potato starch are the property
State; the allocation of the individual production quotas of potato starch
the State authorizes the manufacturer of potato starch to them after
the specified time period.
(2) the Fund shall establish a procedure, which is in the performance of individual production
potato starch quotas takes into account the amount of potato starch
contained in another product.
(3) the quantities of potato starch, starch potato producers
produced during that quota year above the level of their individual
the potato starch production quotas, are accessed in accordance with the
special legislation. ^ 9e)
(4) the individual production quota of potato starch can her
the holder, transfer to another person.
(5) in the case of a sale of a business or part of the quota Fund holder
allocate individual potato starch production quota for this
the holder of the quota or of the part of the transferee undertaking or its part in
the extent to which the transferee undertaking or its part of the pass
commitments to the potato growers of the corresponding individual production
the quota of potato starch quota holders. In the same way the Fund
also in the case of proceeds of sales of equipment for the production of
potato starch.
(6) in the case of the lease of the holding or part of the quota Fund holder
allocate individual potato starch production quota for this
the holder of the quota or of the part of the tenants or part of the undertaking in
the extent to which the lessee's undertaking or its part of the liabilities
to growers of potatoes, corresponding to individual production quota
potato starch quota holders. In the same way the Fund proceeds
also in the event of the lease of the equipment for the production of potato
starch.
(7) in the case of a merger of the quota holder, the transfer of assets to the quota holder
the shareholder or the holder of the quota allocation Fund will allocate individual
the potato starch production quota this quota holder or its
the part of the person to which the assets of the holder of the quota is transferred, in
the extent to which this person against liabilities to producers
individual quota corresponding to the production of potato starch
quota holders.
(8) the individual potato starch production quota or part thereof,
the Fund does not allocate in accordance with paragraphs 5 to 7, is becoming part of the reserve.
§ 71.
The financial benefits from the production of sugar
(1) the Fund saves producers of sugar in the framework of the system of production quotas for sugar
the financial benefit of sugar production in accordance with the particular legal
Regulation ^ 9f) in order to ensure the removal of own resources to the General
the budget of the European communities.
(2) when deciding on the obligation to pay financial benefit from sugar production
the Fund has the status of a public authority.
(3) on an appeal against the decision of the Fund referred to in paragraph 2 shall decide
the Ministry.
(4) the financial benefits from the production of sugar, the Fund and charges exacted on them in
accordance with the specific legislation. ^ 9 g)
(5) if the manufacturer fails to comply with the obligation to pay financial sugar dose of
sugar production within the time limit set out by a final decision, is required to
pay the Fund a penalty of 1% per day of the imposed financial benefits from the
sugar production up to the date of crediting to the account of the Fund, but not to the
the amount saved the financial benefits from the production of sugar. Finance charge memos can be saved
not later than 10 years calculated from the 1. January the year following the year in
in which it was not obliged to pay financial benefit from sugar production in the
deadline is met. Penalty in individual cases
does not exceed 3 000 Czk, is not saved.
(6) the Fund shall be obliged to point out the account specified by the Ministry of finance
final decision laid down the amount of sugar production levies
reduced costs associated with their choice of set special
legislation. ^ 9 h)
section 11i
The marketing of land and the production of non-food use of oilseed rape
the land given to the peace
(1) the recipient of the subsidy on land known to the peace proves that the main
a product of the agricultural crops grown on the land referred to in the
used for any purpose other than the manufacture of foodstuffs or fodder.
(2) the beneficiary is obliged to sell to Fund the production of oilseed rape
cultivated on land given to calm, at least in the minimum quantities specified
Regulation of the Government.
(3) the Fund sells the production of oilseed rape products purchased from the land given to the
peace for natural and legal persons for the purpose of production of methyl
rapeseed oil at a price determined on the basis of the evaluated by
price developments of mixed fuel for diesel engines and rapeseed
pomace.
(4) the Government shall determine by regulation the agricultural crops that can grow
on the land referred to peace, whose main product will be used for any other
purpose other than the manufacture of foodstuffs or fodder.
9A) Law No 218/2000 Coll., as amended.
9B) commercial code. The civil code.
9 c) of Commission Regulation (EC) No 800/1999 laying down common detailed
detailed rules for the system of export refunds (subsidy) for the
agricultural products. Commission Regulation (EC) No 1291/2000, which establishes the
the common detailed rules for the system of import and export
licences and advance fixing certificates for agricultural products.
9 d) Council Regulation (EEC) No 1883/1978, which establishes the General rules
financing of interventions by the European agricultural guidance and guarantee
Fund, guarantee section.
9E) Article. 6 Council Regulation (EC) No 1868/94 establishing a system
the quota in relation to the production of potato starch, as amended
regulations. Article. 14 and 16 of Commission Regulation (EC) No 97/95 laying
Council Regulation (EEC) No 1766/92 as regards the minimum price and
the payment, which has to be paid to potato producers and of Council Regulation (EC) No.
1868/94 establishing a quota system in relation to the production of
potato starch, in wording of later regulations.
9f) Council Regulation (EC) No 1260/2001 on the common organisation of the markets in
the sugar sector. Commission Regulation (EC) No 314/2002 laying down the
the detailed rules for the application of the quota system in the sugar sector.
9 g) Council decision (EC, Euratom) No 597/2000 on the system of own
the resources of the European Community. Council Regulation (EC, Euratom) No.
1150/2000 implementing the decision of the Council (EC, Euratom) no 728/1994
on the system of own resources of the community.
9 h) Article. 2 (2). 3 Council decision (EC, Euratom) No 597/2000. ".
34. section 12, including title and footnote No ^ 9i) is added:
"section 12
Requiring the provision of information and cooperation
(1) the Fund is entitled to free of charge to request information necessary for the
the implementation of the activities referred to in section 1 (1). 2, including data from records kept by the
According to the law on wine-growing and Winery, the law on the protection of hops,
the law on Agriculture and breeding, breeding and registration
farm animals, as well as the individual data obtained
the Ministry for statistical purposes, while in the handling of personal
the data of natural persons shall proceed under special legislation. ^ 9i)
(2) the Fund information about its activities and management regularly exposes.
At the request of the State organizational components of territorial self-governing authorities
units and interest groups, as well as for the need for the executive functions of the Fund
provide the requested information about its activities and management.
9i) Law No. 101/2000 Coll., on protection of personal data and on amendments to certain
laws, as amended. ".
35. under section 12 of the new section 12a shall be inserted, including the title and notes
line no ^ 9j):
"§ 12a
Check
(1) the Fund is authorized to perform, even without reporting, control
and the accuracy of the data) of natural and legal persons referred to in the applications
administered Fund under this Act,
(b) the fulfilment of the obligations and conditions) resulting from the decision issued and
contracts concluded pursuant to § 1 (1). 2,
(c) the accuracy of the information provided by the Fund) under this Act, and
Government regulations issued for its implementation.
(2) in the performance of the checks referred to in paragraph 1 the Fund shall proceed against the physical and
legal entities (hereinafter referred to as "controlled person") under the law on the State
control ^ 9j) and in accordance with this Act.
(3) If the documents are not sufficient for the controlled persons for the proper implementation of the
control, the Fund is entitled to request documents from other persons, and that in the
extent necessary for verification of the facts having a link with the
the activities of the controlled persons, which is the subject of the inspection. This person
shall within the prescribed period to submit such documents to the Fund, the performance
control of the Fund allow it and interact. The rights and obligations
The Fund and this person is governed by the Act on State control ^ 9j) appropriately,
While the purpose of the control must be filled in to ensure that the rights and
the protected interests of the person involved in the smallest possible degree.
(4) the inspection referred to in paragraphs 1 to 3 shall be exercised by the Fund through its
employees and other natural and legal persons, which for this purpose
empower and whose business is to control the activity (hereinafter referred to as
"persons exercising control"). The person carrying out the inspection are outside the
the rights and obligations provided for under the law on State control ^ 9j) in
the control shall be entitled to
and) verify the identity of individuals, if they are controlled by the persons, and
whether or not the identity of the natural persons that when checking represent controlled
persons, and these persons permission to represent,
(b)) to take copies of or extracts from the written material that are
presented during the inspection,
(c)) to take copies of or extracts of records of data on storage media
computing resources that are presented when checking, and
including their source codes,
(d)) to take in connection with the implementation of the control of photos,
(e)) get information directly related to the inspection, performed by the
which form the subject of a trade secret of controlled persons; These
the Fund may not provide information to third parties,
(f)) to the extent necessary to drive vehicles of communication
the trip, on land and in the operational and storage space and equipment
related to the activities of the controlled persons.
(5) in exercising control of the implementation of the activities referred to in section 1 (1). 2 (a). (f)), and
g) Fund in cooperation with the Customs authorities.
(6) the person carrying out the inspection shall, by written authorization, if it is
the staff of the Fund, or a written authorization, in the case of other physical and
legal person in which the subject of control and circuit
the controlled persons.
(7) if the Fund finds that in the performance of the checks referred to in paragraph 1,
the basis is need to take measures which are in the scope of other
organisational units of the State, is obliged to notify these folders.
(8) persons exercising control of the Fund and in the performance of monitoring progress
in the handling of personal data of natural persons according to a special legal
prescription. ^ 9i)
9J) Act No. 552/1991 Coll., on State control, as amended
regulations. ".
36. section 13 including the title:
"section 13
The penalties
(1) the Fund in the framework of the system of production quotas for milk saves the customer payment
of 115% of the minimum prices of raw cow's milk for every litre
milk collected during that quota year and the equivalised
in a manner determined by the Ministry in the Decree on milk with a fat content of
3.6%
and quota holders) above the level of the sum of the individual production quotas
milk or their parts, which these holders have announced the Fund pursuant to section 11e
to this customer as appropriate for the evaluation of the performance of the customer
his delivery quotas for the quota year,
(b)), from the natural or legal person that manufactures raw cow's milk and
It is not a quota holder.
(2) the Fund in the framework of the system of production quotas for milk saves the customer payment
of 115% of the minimum prices of raw cow's milk for every litre
milk collected during that quota year and the equivalised
in a manner determined by the Ministry in the Decree on milk with a fat content of
3.7%
and quota holders) above the level of the sum of the individual production quotas
milk or their parts, which these holders have announced the Fund pursuant to section 11e
to this customer as appropriate for the evaluation of the performance of the customer
his delivery quotas for the quota year,
(b)), from the natural or legal person that manufactures raw cow's milk and
It is not a quota holder.
(3) Fund in the framework of the system of production quotas for milk saves physical or
a legal person who is not a purchaser of milk under this Act (section
11e paragraph. 4), levy of 115% of the minimum prices of raw cow
milk for every litre of milk collected this person from a producer of raw
cow's milk.
(4) the Fund in the framework of the system of production quotas for milk quota holder saves
levy of 115% of the minimum prices of raw cow's milk for each
litre of milk or dairy products in milk equivalent
delivered to the consumer over the level of the individual production quotas
milk intended for direct sale. The conversion of the milk products to the equivalent
milk provides for the Ministry in the Decree.
(5) the Fund in the framework of the system of production quotas for milk saves physical or
legal person producing raw cow's milk levy of 115%
the minimum prices of raw cow's milk for every litre of milk or
dairy products in milk equivalent delivered to the consumer,
without this person was in possession of a quota for direct sales.
(6) the Fund in the framework of the system of production quotas for milk quota holders, stores
that is, pursuant to section 11e of paragraph 1. 13 the competent to evaluate the performance of its
delivery quota levy of 115% of the minimum prices of raw cow
milk for every litre of milk delivered to other natural or legal person
above the level of their individual production quotas.
(7) the Fund in the framework of the system of production quotas for sugar saves the physical or
legal person, payment in the amount of 115% of the minimum price per tonne,
sugar, which this person has stated on the market, including the sugar contained in the
another product,
and above the level of the domestic market share) its individual production quotas
sugar,
(b)) without assigned individual production quotas of sugar.
(8) the Fund levy under paragraph 7 is not saved if the person referred to in this
paragraph proves that sugar is marketed above the level of the domestic market share
its individual production quotas of sugar or without allocated to individual
the production quotas of sugar was already on the market, given the physical or
a legal person in the framework of its domestic share of the individual
the production of quota sugar or was imported.
(9) the Fund imposes fine
and) up to 250 000 CZK, a natural person who has not provided the information
under this Act, or the information provided for by regulation of the Government, or
provided that such information is false, with the exception of the information which
on the day of submission of the application could not reasonably assume their falsity,
(b)), up to 500 000 Czk legal person that did not provide the information
under this Act, or the information provided for by regulation of the Government, or
provided that such information is false, with the exception of the information which
on the day of submission of the application could not reasonably assume their falsity,
(c)), up to 1 0000 0000 Czk the natural or legal person who has infringed the
obligations arising from the provisions of section 12(a), except for the obligations of the
laid down in Article 12a, paragraph. 3,
(d)) of up to 50 000 Czk the natural or legal person who fails to comply with
the obligation laid down in Article 12a, paragraph. 3,
(e)), up to 500 000 Czk the natural or legal person who fails to comply with
the obligation laid down in the provisions of section 11 d of paragraph 1. 9,
(f)), up to 500 000 Czk the natural or legal person who violates
the obligation laid down in the provisions of section 11f of paragraph 1. 9.
(10) in determining the amount of the fine to take account of the seriousness, the way time
the duration and consequences of the infringement. The fine can be saved into one
year from the date on which the Fund has found violations of the obligations, but not to 3
years from the date on which the infringement occurred.
(11) a fine in accordance with paragraph 9 (b). and (b))) and saves the Fund if
the information under this Act or the information laid down in regulation
Governments were not provided in due time. A fine may be imposed
repeatedly.
(12) the Charges and fines referred to in paragraphs 1 to 11 are financial resources
The Fund. When deciding on the obligation to pay the charges and fines has the Fund
the status of the public authority.
(13) the Charges and fines referred to in paragraphs 1 to 11 shall levy Fund.
(14) on the appeal against the decision of the Fund referred to in paragraphs 1 to 13 shall be decided by
Ministry. ".
37. under section 13 shall be added to § 13a, which including the title:
"§ 13a
Relationship to the administrative regulations
Decisions under this Act by the administrative code,
unless otherwise provided in this Act. ".
38. The existing text of section 22 shall become paragraph 1 and the following
paragraph 2, which reads as follows:
"(2) the provisions of § 8 shall expire on the date of the accession treaty
The Czech Republic to the European Union. ".
PART THE SECOND
Amendment to Act No. 252/1997 Coll., on agriculture, as amended
the laws of the
Article II
Act No. 252/1997 Coll., on agriculture, as amended by Act No 62/2000 Coll. and
Act No. 308/2000 Coll., is hereby amended as follows:
1. In article 1 (c)):
"(c) the creation of conditions for the implementation of) the common agricultural policy and
rural development policy of the European Union. ".
2. section 2 including title and footnotes no 4b ^ ^) 4e):
"§ 2
The role of the State in agriculture
(1) the State contributes to the maintenance of agriculture and its potential
share in the development of the rural area by
and) provides subsidy ^ 4b) natural and legal persons within
1. measures on the organisation of the market in agricultural and food
products,
2. programmes to help the less favourable areas and areas with environmental
restrictions,
3. programmes to support the development of the non-productive functions of agriculture
consisting in the protection of the environment,
4. measures to improve the age structure of persons engaged in agriculture,
5. measures to strengthen the competitiveness of agriculture, including
the processing industry,
6. measures to support generic services for agriculture,
7. the system of guarantees for agricultural products and foodstuffs,
8. support for the purchase of agricultural land to farmers,
9. Aid Association for farmers in the sales and production and processing
agricultural needs,
10. support the interest rate on bank loans of agricultural primary production and
partial guarantee for these loans,
11. the achievement of the level of direct payments in agriculture provided for in the Treaty on
the accession of the Czech Republic to the European Union,
12. measures to mitigate the effects of adverse weather or
the price of the effects,
(b)) shall ensure the stability of the market for agricultural products and foodstuffs,
uses
1. the intervention purchases and sales of agricultural products and foodstuffs,
2. the system of production quotas,
3. subsidies for exports of agricultural products and foodstuffs,
4. support system for non-food use of agricultural products,
5. licensing policy
6. measures in the area of tariff protection,
(c)) provides tax relief
1. the fuel consumption by natural and legal persons engaged in
agricultural production, ^ c)
2. the fuel consumption with biodegradable ingredients, ^ c)
3. the acquisition of production quotas,
d) creates favourable conditions for trade in agricultural products
through adjustments in the rules for the
1. agricultural storage sheets under a special legal regulation, ^ d)
2. the commodity exchange under a special legal regulation, ^ 4e)
e) performs the measures within the
1. the common organization of the market in agricultural products and foodstuffs,
2. the programmes of structural aid,
3. programs designed to support the activities, which are financed exclusively
from national resources,
(f)), the Finance Ministry set aside in the State budget of the corresponding
funding for the ensure national participation in the framework
the structural funds of the European Union.
(2) the grant referred to in paragraph 1 (b). and the Ministry of agriculture)
(hereinafter referred to as "the Ministry") with the exception of subsidies in accordance with paragraph 1, that
provides the State agricultural intervention fund (hereinafter referred to as "the Fund").
(3) the programmes referred to in paragraph 1 (b). and points 2 and 3) lays down the Government
Regulation, including the conditions for the granting of aid under these programmes.
(4) the purpose of the subsidies provided under the measures referred to in paragraph 1 (b).
and) points 4 to 12, including a range of funds approved
The House of Commons at the same time, the law on the State budget.
4B) section 3 (b). and Act No. 218)/2000 Coll., on the budgetary rules and the
changes to some related acts (budgetary rules), as amended by
amended.
4 c) Law No. 587/1992 Coll., on the excise tax, as amended
regulations.
4 d) Act No. 308/2000 Coll., on agricultural and rock formations
agricultural public storage and some related
laws.
4E) Act No. 229/1992 Coll., on the commodity exchanges, as amended
regulations. ".
3. in section 2, the following new section 2a to 2d, which including the titles and notes
footnote No. 4f) ^ ^ and 4 g) are added:
"§ 2a
The common organisation of the market
(1) the common organisations of the market means a set of measures implemented
on the market for agricultural products and foodstuffs referred to in annex I.
The Treaty establishing the European Community (hereinafter referred to as the "EC Treaty").
(2) the measures referred to in paragraph 1:
and the provisions of the EC Treaty), including its protocols,
(b) the provisions in the treaties,) including acts to them belonging,
incurred on the basis of the EC Treaty or have been concluded and are legally
effective for their expansion, completion or implementation or to justify
Association, preferences or free trade zone,
(c)), acts of the Council or of the Commission of the European Union on the basis of or in the framework of the
the contracts referred to in (a)), and (b)) and the legally binding decision
The European Court of Justice.
(3) the common market organisations and agricultural products and
foods other than those referred to in paragraph 1, where appropriate, other products, if
subject to the measures referred to in paragraph 2.
Section 2b
The competent authorities of the common organization of the market
(1) if the specific legislation provides otherwise, the common organisation of the
the market performed under special legislation ^ 4f) Fund, with the exception of
measures under special legislation, ^ 4 g) which performs
the Ministry.
(2) the Government Regulation modifies the conditions for the implementation of common organisations of the
market under section 2a, if this adjustment requires appropriate measures in
meaning of section 2a paragraph. 2.
section 2 c
The programme of structural support
(1) the programme of structural support means a set of measures to
the implementation of the policy of support for agriculture in less-favoured areas for
Agriculture, support the development of downstream industries and support the development of
rural.
(2) the programmes of structural support shall include in particular
and assistance to the less favourable areas) and areas with environmental restrictions,
(b)) support the development of non-productive functions of agriculture in
the protection of the environment,
(c) measures to strengthen the competitiveness of the) agriculture including
the processing industry,
d) measures supporting the adaptation and development of rural areas,
e) measures to improve the age structure of persons engaged in agriculture.
(3) structural aid Programs approved by the Government.
(4) the structural support Programmes done by the Ministry, unless the
special legal regulations otherwise.
section 2d
Aid financed exclusively from national resources
(1) the purpose of the programs to support activities, which are financed exclusively from the
national sources, including the extent of the financial resources allotted to the
These programs approved for each year, the Chamber of deputies at the same time
State budget.
(2) the programmes carried out by the Ministry or the designated person on the basis of the
the Ministry issued the policy.
4F) Law No 256/2000 Coll., on the State agricultural intervention fund and the
Amendment of some other acts (State agricultural intervention
the Fund), as amended by Act No. 128/2003 Coll., Act No. 218/2000 SB., as amended by
amended.
for example, article 4). 1 to 13 of Council Regulation (EEC) No 1696/1971 on the common
organisation of the market in hops. 3 Council Regulation (EEC) no 2358/1971 on the
the common organisation of the market in seeds. 2 of Council Regulation (EEC) No.
845/1972 laying down special measures to encourage silkworm rearing,
article. 3 Council Regulation (EEC) No 2075/92 on the common organisation of the market
raw tobacco. 10 and 11 of Council Regulation (EC) no 603/95 on the common
organisation of the market in dried fodder article. 1 Council Regulation (EC) No.
1577/96 introducing a specific measure for certain grain legumes
grown for grain, Council Regulation (EC) No 1098/98 introducing
special temporary measures for hops. 8 to 15 of the Council regulation
(EC) No 1493/1999 on the common organisation of the market in wine. 2 and 5
Council Regulation (EC) No 1251/1999 establishing a support system for producers of
Some crops on arable land. 4 to 25 of Council Regulation (EC) No.
1254/1999 on the common organisation of the market in beef and veal. 19
Council Regulation (EC) No 1255/1999 on the common organisation of the market in milk and
milk products, the Council Regulation (EC) no 1673/2000 on the common organisation of the
of the market in flax and hemp grown for fibre, Council Regulation (EC) No.
1244/2001 amending Council Regulation (EC) No 1259/1999
common rules for direct support schemes under the common
agricultural policy article. 4 to 11 of Council Regulation (EC) no 2529/2001 on the
common organisation of the market in sheepmeat and goatmeat, Commission Regulation
(EC) No. 1/2002, laying down detailed rules for the application of Council regulation
(EC) No 1259/1999 as regards the simplified scheme for payments to farmers in
under certain support schemes. ".
4. section 3, including title and footnote No 4 h ^ ^) and 4i):
"section 3
The provision of subsidies
(1) the grant provides a Ministry or Fund (hereinafter referred to as the ' competent
the authority "), pursuant to section 2 (2). 3 and 4, § 2a to 2d on the basis of the application of the natural and
legal entities (hereinafter referred to as "the applicant") under the conditions laid down
a special law ^ 4f) and, where appropriate, on the basis of the international
the Treaty, which the Czech Republic is bound.
(2) an application for the grant of the subsidy contains the information needed to assess whether the
the conditions are met to provide subsidies, in particular
and the designation of the applicant), including an indication of the identification number, if the
a legal person and a natural person who has the identification number,
or date of birth, in the case of a natural person, that the identification number
It was not allocated,
(b)) or business activities of the applicant,
(c)), which is the purpose of the subsidy is requested,
(d) the applicant's bank details)
(e) a declaration by the applicant that it) did not receive in a given year,
where appropriate to the purpose for which the grant is requested, a subsidy from the State
the budget, the subsidy from the budget of the State Fund or a subsidy from the budget of the
territorial self-governing unit.
(3) if the request is incomplete or contains false information, the competent
authority shall return to the applicant within 30 days from the date of its receipt, together with the
indication of the defects of the lodging and with the challenge and the deadline to remove them. In the absence of
to eliminate the defects in the application within the prescribed period, the competent authority shall
will be rejected.
(4) if the subsidies it provides, or the condition of the granting of
covered by the
and) on agricultural land, when deciding on the grant of subsidies
the competent authority of the register of agricultural land usage by user
the relationship held under this Act, taking account of the data area
parcels and the kind of land held under special legislation, "^ 4 h)
(b)) on economic animal, when deciding on the grant of subsidies
the competent authority of the central register of individual species
animals kept under special legislation. ^ 4i)
(5) the competent authority shall not be granted if the subsidy
and the applicant has permanent residence), or residence in the territory of the Czech Republic
or proves that rightly takes on the territory of the Czech Republic,
(b)) the applicant can demonstrate that he had the date set by the Ministry of
settled debts to the Fund, the Ministry, the Land Fund
The Czech Republic, the national property Fund of the Czech Republic, Supporting and
guarantee rolnickému and Forestry Fund, and with due
related to insurance and social security with a contribution to the
State employment policy, debts related to public
health insurance due to tax liabilities for locally relevant
financial institutions, or proved that the debts outstanding to
date fixed by the Ministry not later than the date on which the deal
the request; This provision shall not apply to an applicant who is not
an entrepreneur according to § 2 (2). 2 of the commercial code,
(c)) the applicant changed on the soil of a block or a part of the soil block in
register usage of agricultural land according to the user-led relationships
under this Act, the kind of agricultural culture of the grass on the kind of
the agricultural culture of the arable land,
(d)), to which the land to be granted subsidies, is not on the territory of the
Of the Czech Republic.
(6) On the subsidies granted under the provisions of the international treaty
paragraphs 1 to 5 shall apply mutatis mutandis.
4 h) Law No 344/1992 Coll., on the land register of the Czech Republic
(Land Registry Act), as amended.
4i) section 23 of Act No. 154/2000 Coll., on the breeding, breeding and registration
farm animals and amending certain related laws
(plemenářský Act). Decree No 134/2001 Coll., on labelling and registration
bovine, ovine and caprine animals, as amended by Decree No 442/2001 Coll., Decree No.
357/2001 Coll., on labelling and registration of horses, pigs, ratites and farmed
farmed and the registration of poultry, fish and bees. ".
5. in section 3, the following new section 3a through 3i, which including the titles and notes
footnote No. 4j) to ^ ^ ^ 4n):
"Evidence of the use of agricultural land according to user relationships
section 3a
(1) the registration of agricultural land usage by user relations (hereinafter
the only "evidence") is used to verify the accuracy of the data referred to in
the application, which is the subject of a grant under section 3 (3). 4 (b). and), and to
checks fulfilment of the conditions of the grant.
(2) the registration of leads the Ministry.
(3) the basic unit of registration is the minimum block of soil area of 0.1
HA, which represents a contiguous area of agriculturally cultivated land
clearly separate in the field, in particular forest, a paved path,
watercourse or agricultural land neobdělanou.
(4) if the soil block grown more than one kind of agricultural
culture or is it the soil block maintained by more than one physical
or legal person who carries out this activity on their own behalf and
on its own responsibility (hereinafter referred to as "user"), to be broken down to the soil on the block
parts of the soil block, which represent a contiguous area of agricultural
cultivated soil of one kind of agricultural culture cultivated
one user.
(5) in the case of the soil block records
and the identification number of the soil block),
b) area,
(c)), the user
(d)) kind of agricultural culture in accordance with the criteria referred to in section 3,
(e)) the inclusion in the protection zone of water source, ^ 4j)
(f) the classification in particular) of the protected area, "^ 4 k)
(g) the existence of the irrigation system),
(h)), the existence of drainage system
even the existence of a großlage), ^ l)
j) management in the framework of organic farming, or in stage
the transitional period in the framework of organic farming under the Special
legislation, ^ m)
for inclusion in the type) of the less-favoured areas and areas with environmental and
other restrictions according to the criteria established by regulation of the Government.
The information referred to in subparagraphs (c) to (j))) are maintained in the soil of the block on the insertion of an undivided
parts of the soil block.
(6) on the part of the soil block records
and identifying part number of the soil), the block
b) area,
(c)), the user
(d)) kind of agricultural culture in accordance with the criteria referred to in section 3,
(e) the existence of the irrigation system),
(f)) of the existence of the drainage system,
(g) the existence of a großlage), ^ l)
h) management in the framework of organic farming, or in stage
the transitional period in the framework of organic farming under the Special
legislation. ^ 4 m)
(7) the Registration is kept in digital form, with soil blocks, or
parts of the soil block are displayed on the basis of the ortofotografických map
taken in the coordinate system of a single trigonometric networks
cadastral ^ 4n) on the basis of an air field imaging of the Earth's
surface (hereinafter referred to as "ortofotomapa").
section 3b
(1) every user of the soil block or part of the soil block if it has
interest in the inclusion in the register of the land, declares this fact within 60 days from the
date of entry into force of this Act.
(2) if the subject of the Declaration of the user, in the declaration block of soil shall be
the following information:
and user identification data) of the soil block
(b) the area of the soil block)
(c)) kind of farming cultures on soil block according to the criteria listed in section
3i.
(3) if the subject of the Declaration of the user part of the soil block, in the Declaration,
the following particulars:
and user identification data) part of the soil block
(b) the area of the part of the soil block),
(c)) kind of farming cultures on the part of the soil block according to the criteria
referred to in section 3i.
(4) if the subject of the notification as soil blocks, as well as parts of the soil
block, or more than one block of soil, or the part of the soil block must
each part of the report comply with the requirements referred to in paragraphs 2 and 3.
(5) the part of the report is to draw the borders of the soil block, or
part of the soil block whose use is, in ortofotomapě.
§ 3 c
(1) for the proper and timely notification of processing staff
the Ministry provide the persons who wish to submit the Declaration referred to in
section 3b, technical assistance, including the provision of orthophoto. Support
consists in the identification of the soil block, possibly part of the soil block and
the determination of their acreage.
(2) the Report shall be submitted to the Ministry. If they are already in the submission of the report
doubts about the actual area of the part of the soil block whose use is
are reported, or about other information set out in the Declaration,
the Ministry immediately prompts the user to edit the data referred to in
the Declaration or local fieldwork.
§ 3d
(1) the Ministry shall evaluate all submitted report within 60 days from the
date of expiry of the deadline for filing the Declaration referred to in section 3b of the paragraph. 1.
(2) if in the framework of the evaluation of the submitted report doubts about the
the actual use of the land over the borders between the different parts of the block
the user, or a user-given parts of the soil block area,
the Ministry will invite the user to within 15 days were
doubts removed.
(3) unless within the time to edit the user made the announcement
in accordance with paragraph 2, the Ministry may convene local fieldwork. In
in this case the Ministry of border use aerial photography maps
parts of the soil block and the registration in the register according to the established by him
State, where appropriate, according to the results of a local investigation in the field.
(4) Submit to the same block of soil, or the part of the soil block reporting
two or more users, the Ministry is inviting to the conclusion of the written
within 15 days of the agreement about which of them is by this soil
a block, or a part of the soil block.
(5) unless within the time limit for the conclusion of a written agreement between the
the user referred to in paragraph 4, it may convene an investigation in the Ministry of local
the terrain. When local investigation is not carried out, or the result of the disputed
the matter does not remove, the Ministry writes in the register of users
soil block or part of the soil block, which proves to be a valid legal
the reason for the use of agriculturally cultivated land, on which the present
soil block or part of the soil block is located.
section 3e
(1) Users, the data referred to in them who have not submitted
found to be in conflict with those in the ortofotomapě, or with those referred to in
submitted by other users, who shall issue to the Ministry within 30
days from the date of completion of the evaluation of the submitted report carried out under section
3D paragraph. 1 confirmation that are included in the register. In the confirmation
shall include in particular the following information:
and user identification data) of the soil block, possibly part of the soil
block,
(b)) identification and the acreage of soil block or part of the soil block
which is by the user,
(c) the area of each block of the soil) and part of the soil block
d) agricultural culture of each of the soil block and part of the soil block.
(2) Users, the data referred to in them who have not submitted
in a separate subsection, found to be in conflict with those in the ortofotomapě,
where appropriate, the particulars referred to in other users, who shall issue a
the Ministry within 30 days from the date of completion of the evaluation of the submitted
the announcement carried out under section 3d, paragraph. 1 partial confirmation, that are
enrolled in the register of the soil blocks or parts of the soil block
which was not found to be a contradiction. For the contents of the partial confirmation applies
the provisions of paragraph 1 shall apply mutatis mutandis.
(3) Users, the use of the appropriate part of the soil block was
documented to, as a result of the procedure under section 3d, paragraph. 2 to 5, it shall issue
the Ministry confirmation, that are included in the register, it shall immediately
After the resolution of contentious issues. For the contents of the confirmation of the provisions
paragraph 1 shall apply mutatis mutandis. If such users issued a partial confirmation
in accordance with paragraph 2, shall include a newly published summary confirmation and soil
blocks, or parts of the soil block listed in the confirmation and for the
the contents of the partial confirmation of further disregarded.
(4) the users whose use was not even in one single component
part of the report substantiated nor as a result of the procedure under section 3d, paragraph. 2 to 5,
the Ministry will issue a decision on the inclusion in the register. Against this
decision the appeal is allowed. For lodging an appeal and its discussion
applies the administrative code.
(5) where the Ministry as a result of the procedure under section 3d, paragraph. 2 to 5 for
those users who have been issued a partial confirmation referred to in paragraph 2, that
in at least one separate subsection of the Declaration was not of use
satisfied, it shall issue a decision which rejects the inclusion of the evidence in this
part of the report. For a possible appeal, his submission and consultation apply
the provisions of paragraph 4 shall apply mutatis mutandis.
section 3f
Model Declaration and confirmation of the classification in the register establishes the Ministry of
by Decree.
§ 3 g
Update the land parcel
(1) If a change occurs
and over the boundaries of the soil block), or a part of the soil block
(b)), or the acreage of soil block part of the soil block
(c)) the kind of agricultural crops on the soil of a block or a part of the soil
the block is the user that is kept in the register, shall be obliged to change
not later than 15 days from the date when the change occurred, in writing, inform the
the Ministry. The Ministry shall immediately amend its acreage, or
culture in the register.
(2) If there is a change of the soil, or block the user part
the soil of the block, a new user, inform the Ministry about this
fact, no later than 15 days from the date when the change occurred.
The Ministry performs the user change the soil block, or part
the soil of the block, if the
and the change issue) written consent of the original user, or
(b)), the new user can prove legal reason for the use of the soil block, or
part of the soil block.
(3) If a user has a block of land or a part of the soil block
He has not submitted the Declaration in the context of developing evidence under section 3b of the paragraph. 1, interested in
the inclusion in the register and the present soil block, possibly part of the soil block
It is not yet recorded in the register, such declaration may be submitted at any time after
the expiry of 6 months from the date of entry into force of this Act. For the submission of
the Declaration and the procedure of the Ministry of the provisions of section 3b of the paragraph. 2 to section 3f
mutatis mutandis. This provision also applies to the user who is already in the
the registration of classified and intends to her newly register additional soil block or part
soil block.
(4) if the user of the soil block or part of the soil block ends
the use of the soil block or part of the soil block without this soil block
or part of the soil block was subsequently used by another user who has the
interest in the inclusion in the register, is bound to the original user of the soil
the block, which is kept in the register, the change no later than 60 days from the
the date when the change occurred, inform the Ministry. The Ministry of
immediately executes the user change the soil block or part of the soil
the block in the register.
(5) Every register included user can submit at any time, the Ministry of
application for a full exemption from registration of their persons or exempting certain
soil blocks or parts of the soil block of evidence, without being in a relationship
to them, the evidence included another user. Ministry of such request
will meet and issue a confirmation about it.
§ 3 h
Verification of orthophoto
(1) the selected data records are verified on the basis of orthophoto
made on the basis of the air marking at least every 10 frames
years.
(2) where it is necessary on the basis of the verification referred to in paragraph 1, make the change
the data in the register, make such a change in the interaction
the Ministry and concerned users.
section 3i
The type of agricultural culture
For the purposes of this Act, means the
and arable land agriculturally cultivated) land on which they grow in
the regular sequence of agricultural crops and grassland vegetation which is not
referred to in subparagraph (b)),
grassland vegetation b) contiguous vegetation dominated by grasses for grazing
or for the production of hay or grass silage crops, and can be a maximum of
the expiry of 5 years for a period of one year for the purpose of fertilization, rozorán
(c) the area cultivated soil vineyard), which is continuously planted
trellis vine,
(d) the area cultivated land) chmelnicí, which is equipped with
special structures for the cultivation of hops and hops are grown,
e) orchard area cultivated land which is continuously
planted fruit trees, fruit bushes, where appropriate,
(f)) another culture cultivated agricultural land with a culture not included
in points (a) to (e)).)
4J) section 30 of Act No. 254/2001 Coll. on waters and on amendment to certain laws
(the Water Act), as amended.
4 k) Act No. 114/1992 Coll., on nature and landscape protection, as amended by
amended.
4 l) Act No. 115/1995 Coll., on wine-growing and Winery and amending
some related laws, as amended
regulations.
4 m) Act No. 242/2000 Coll., on organic farming and on the amendment of the Act
No 368/1992 Coll., on administrative fees, as amended.
4N) § 18 paragraph. 2 of the Act No. 344/1992 Coll., as amended
regulations. ".
6. section 4, including title and footnotes no ^ 5a) and ^ 5b):
"section 4
The provision of information
(1) the applicant is obliged to provide the necessary information for an objective
evaluation of the impact of the Ministry of agricultural policy measures, which
Specifies the period and scope of these information. The Ministry of the
the handling of personal data of natural persons according to a special legal
^ 5a) of the code.
(2) a person who fails to provide the information within the time limit and scope
the Ministry, or provide false information, subsidy
the relevant year.
(3) Agricultural Economics Research Institute set up by the Ministry (hereinafter referred to as
"designated officer") is entitled to from the economic entities conducted pursuant
the Act on State statistical service ^ 5b) require the data in the manner and in the
the extent to which the lays down the Ministry decree.
(4) if the economic entity led by the State according to law
the statistical service ^ 5b) does not provide the person responsible for the particulars in the manner and in the
the extent provided for by Decree, the designated officer shall notify this fact to the
the Ministry immediately.
(5) the Ministry is authorised to request free information from the records of
conducted in accordance with the law on wine growing and winemaking, the law on the protection of
the hops and the Act on the breeding, breeding and registration of economic
animals, and in the handling of personal data of individuals progresses
the Ministry under special legislation. ^ 5a)
(6) Ministry of information kept in the register makes available to the public
the Administration, if they are necessary for the performance of their functions, and
the handling of personal data of individuals progresses under the Ministry
special legislation. ^ 5a)
5A) Law No. 101/2000 Coll., on protection of personal data and on amendments to certain
laws, as amended.
5B) § 4 of law No. 89/1995 Coll., on State statistical service, as amended by
amended. ".
7. in section 4, the following new Section 4a, including title and notes
line no. ^ 5 c) is added:
' Section 4a
Check
(1) the Ministry is competent to carry out control
and the accuracy of the data) of natural and legal persons referred to in the applications
served the Ministry under this Act,
(b) the fulfilment of the obligations and conditions) to the user, or the part of the soil block
soil block laid down by this law.
(2) in the performance of the checks referred to in paragraph 1 shall proceed against the Ministry
natural and legal persons (hereinafter referred to as "controlled person") under the
the law on State control ^ 5 c) and in accordance with this Act.
(3) If the documents are not sufficient for the controlled persons for the proper implementation of the
control is authorized to require the Ministry documents from the other person,
and to the extent necessary for the verification of the facts having a link with the
the activities of the controlled persons, which is the subject of the inspection. This person
shall within the prescribed period to submit such documents to the Ministry,
the performance of the checks by the Ministry to enable it and interact. The rights and
obligations of the Ministry and this person shall be governed by the law of the State
Control ^ 5 c) adequately, with the purpose of the control must be filled in
ensure that the rights and protected interests of the person involved in the
the smallest possible degree.
(4) the staff of the Ministry of carrying out the inspection are outside the rights and
the obligations laid down by the law on State control ^ 5 c)
authorized to
and) verify the identity of individuals, if they are controlled by the persons, and
whether or not the identity of the natural persons that when checking represent controlled
persons, and these persons permission to represent,
(b)) to take copies of or extracts from the written material that are
presented during the inspection,
(c)) to take copies of or extracts of records of data on storage media
computing resources that are presented when checking, and
including their source codes,
(d)) to take in connection with the implementation of the control of photos,
(e)) get information directly related to the inspection, performed by the
which form the subject of a trade secret of controlled persons; These
the Ministry of information shall not provide third persons,
(f)) to the extent necessary to drive vehicles of communication
the trip, on land and in the operational and storage space and equipment
related to the activities of the controlled persons.
(5) employees of the Department of performing control shall
the written mandate, which is the subject of control and circuit
the controlled persons.
(6) where a Ministry in the performance of the checks referred to in paragraph 1
the facts on the basis of the need to take measures which are in the
the scope of the other organizational components of the State is duty bound to these
folders.
(7) the Ministry in the performance of control procedures for the handling of personal
the data of natural persons under special legislation. ^ 5a)
5 c), Act No. 552/1991 Coll., on State control, as amended
regulations. ".
8. section 5, including the title and footnote No. 5 d) ^ ^ and 5e):
"§ 5
The penalties
(1) the Ministry fined
and) up to 250 000 CZK, a natural person who has not provided the information
According to § 3 g or, where appropriate, section 4 provided that such information is false,
(b)), up to 500 000 Czk legal person that did not provide the information
According to § 3 g or, where appropriate, section 4 provided that such information is false,
(c)), up to 50 000 Czk the natural or legal person who fails to comply with
the obligation provided for in § 4a, paragraph. 3.
(2) in determining the amount of the fine to take account of the seriousness, the way time
the duration and consequences of the infringement. The fine can be saved into one
year from the date on which the Ministry found violations of the obligations, not more than
However, within 3 years from the date on which the infringement occurred.
(3) the Fines levied and collected by the Ministry. The yield of the fines is tv
the State budget of the Czech Republic. The fine exacted territorial financial
authority of the ^ 5 d) under special legislation. ^ 5e)
5 d) Law No 530/1990 Coll. on territorial financial authorities, as amended by
amended.
5E) Act No. 337/1992 Coll., on administration of taxes and fees, in the text of the
amended. ".
PART THE THIRD
AUTHORIZATION TO RELEASE THE FULL TEXT OF THE LAW
Article. (III)
The Prime Minister is hereby empowered to make in the collection of laws, promulgated the full text
Act No. 256/2000 Coll., on the State agricultural intervention fund and the
change of certain other laws (the law on the State farm
the intervention fund) as a consequence of changes made to this law, and
the full text of law No. 252/1997 SB., on agriculture, as is apparent from the
later laws.
PART THE FOURTH
The EFFECTIVENESS of the
Article IV
1. This law shall enter into force on the thirtieth day following its publication.
2. The provisions of article. (II) point 4 as regards article 3, shall take effect on the date of
January 1, 2004.
3. The provisions of article. I, point 2, if it relates to section 1 (1). 2 (a). (g)) to (b).
(j)). I, point 6, with regard to the section 4, paragraph 4. 2, article. I, point 9, if the
applies to section 6a of paragraph 1. 6 and section 6b of the paragraph. 4, article. I, points 10, 12, 14, 16, 24 to 31,
article. I, point 33, concerning section 11B(2). 7, section 11 c of paragraph 1. 3 and 4, § 11 g and
11 h, article. I, point 36, with regard to section 13 (3). 2, article. (II) point 2, if
applies to section 2 (2). 1 (a). (e)) and article. II, point 3 as regards section 2a to 2d,
shall take effect on the date of the Treaty of accession of the Czech Republic to
The European Union enters into force.
4. The provisions of article. I, point 2, if it relates to section 1 (1). 2 (a). (e)). (I)
paragraph 4, with respect to section 2 (a). (e)). I, point 33, concerning section 11a
paragraph. 8, section 11B(2). 1 to 6, section 11 c of paragraph 1. paragraph 2, section 11e. 14, paragraph 11f. 2
up to 7, and section 11i. I, point 36, with regard to section 13 (3). 1, and article. (II) point
2, with regard to § 2 (2). 1 (a). and (b))), shall cease to be in force on
Treaty of accession of the Czech Republic to the European Union in
force.
Zaorálek in r.
Klaus r.
Spidla in r.