95/2008 Sb.



GOVERNMENT REGULATION



of 5 April 2004. March 2008



on the determination of certain terms of the separate payment for tomatoes

intended for processing



Change: 83/2009 Sb.



Change: 480/2009 Sb.



Change: 369/2010 Sb.



Change: 480/2009 Coll. (part)



Change: 448/2009 Sb.



Change: 400/Sb.



Change: 308/2014 Sb.



The Government ordered pursuant to section 2b, paragraph 1. 2 of law No 249/1997 Coll., on

Agriculture, as amended by Act No. 128/2003 Coll. and Act No. 441/2005 Coll.

(hereinafter referred to as the "Act") and pursuant to § 1 (1). 3 of Act No. 256/2000 SB., about

The State agricultural intervention fund and amending certain other

laws (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 a directly applicable regulation

Of the European Communities ^ 1) some conditions for granting decoupled payments

for tomatoes for processing (hereinafter referred to as "payment for tomatoes") State

agricultural intervention fund ^ 2) (hereinafter referred to as "the Fund").



§ 2



The applicant for the payment for tomatoes



(1) on payment for tomatoes for the calendar year may request

natural or legal person who



and manages agricultural land on) it registered in the register usage

agricultural land according to the user relations (§ 3a and 3b of the Act),



(b)) has concluded for the marketing year 2006/2007, the contract for the supply of tomatoes with

fruit and vegetable producer organisations ^ 3), which has its registered office in the Czech

Republic,



(c) request for the Fund will deliver) the provision of the single area payment

agricultural land ^ 4) for the calendar year to which it applies for payment for

tomatoes, and



d) complies with the conditions of good agricultural and environmental condition

listed 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

of the aid,



(hereinafter referred to as "the applicant").



(2) a request for payment for tomatoes may bring also the person who is the legal

the successor to the applicant, who would fulfill the conditions of granting the payments for the

tomatoes, or to whom the rights and obligations as a result of the transfer of

undertaking, or letting the company ^ 6).



(3) a request for payment for tomatoes can also be filed by the person who assumes

the agricultural land of the applicant under the conditions laid down in the Decree of the Government of

the determination of the conditions for the grant of the subsidy in relation to the early

termination of operation of the agricultural activities of agricultural entrepreneurs ^ 7),

where applicable, under the conditions laid down by the directly applicable legal

^ 8) law, which would have fulfilled the conditions of granting the payments for tomatoes

under this regulation.



(4) the facts referred to in paragraphs 2 and 3 demonstrates the applicant Pool

at the same time with the application for the grant of payments for tomatoes, including how and

the scope of the transfer or the transfer of rights and obligations relating to the

the conditions of granting the payments for tomatoes. In those cases, however, it is not

entitled to submit an application to the Fund the person that might otherwise be the applicant

under this regulation.



§ 3



A request for payment for tomatoes



(1) the applicant shall deliver the Fund request for payment for tomatoes for the competent

calendar year (hereinafter referred to as "the application"). may the competent

calendar year on a form issued by the Fund.



(2) the applicant the application appends the contract for the supply of tomatoes, according to § 2 (2).

1 (b). (b)), or its certified copy, if it never delivered with

applications in any of the previous calendar years.



section 3a



Compensation of financial discipline



(1) according to the regulation of the European Union relating to the financing, management and

monitoring of the common agricultural policy ^ 17) is the relevant calendar

year for the implementation of the compensation for the financial discipline of the calendar year

request a payment for tomatoes.



(2) compensation of financial discipline is carried out by the applicant for the payment of the

tomatoes, which was carried out adjustment Fund payments for tomatoes

provided on the basis of requests for payment for tomatoes in the relevant

calendar year.



(3) the percentage of the amount of the Compensation Fund provides financial discipline

the ratio of the amount notified by the European Commission to the sum of all the amounts of adjustments

payments for tomatoes made in the calendar year for applicants

in accordance with paragraph 2.



(4) the Fund provides for the payment to the applicant for tomatoes by decision of

compensation of financial discipline, by multiplying the percentage of the amount of the compensation

the financial discipline provided for in paragraph 3, the amount of adjustment payments for tomatoes

made by the applicant in the calendar year, and shall make payment

compensation of financial discipline to 16. October of the calendar year

following the submission of the request for payment for tomatoes in the relevant

calendar year.



§ 4



Provide payment for tomatoes



(1) the Fund shall provide the applicant pay for tomatoes for the calendar

year on the quantities of tomatoes agreed with the producer organisations of fruit and

vegetables ^ 3) according to the contract for the supply of tomatoes, for the marketing year

2006/2007.



(2) in determining the amount of the rates payment for tomatoes for the calendar

year to 1 tonne of tomatoes is based on the total amount of the payments for the

tomatoes set out for the calendar year in accordance with the directly

the applicable law of the European communities) and ^ 9 quantity of tomatoes

stipulated in the contracts for the marketing year 2006/2007 with the Organization

fruit and vegetable producer ^ 3) applicants who contracts for the supply of

tomatoes for the marketing year 2006/2007, or their certified copies

delivered to the Fund.



(3) the Fund shall disclose the rate of payment per tonne of tomatoes, for the competent

the calendar year referred to in paragraph 2 to 30. November of the respective

calendar year in at least one national journal and the way

allowing remote access.



(4) if the applicant has not been granted a single payment to agricultural area

the land for the calendar year to which the requesting payment for tomatoes, the Fund

the applicant pay for tomatoes not be granted under this regulation.



Section 4a



The reduction in payments for tomatoes



If the Fund finds that the applicant in the request pursuant to § 2 (2). 1 (b). (c)) did not put

all area in accordance with the regulations of the European Communities ^ 10) and

the difference between the total area referred to in the application and a summary of the total

areas referred to in the request and the request is nevykázané



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% ^ 10),



(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% ^ 10),



c) higher than the 5% of the areas referred to in the request, the payment shall be reduced by 3% ^ 10).



§ 5



The effectiveness of the



This Regulation shall enter into force on the date of 15. in March 2008.



Prime Minister:



Ing. Topolanek in r.



Minister of agriculture:



Mgr. Gandalovič in r.



Annex



cancelled



Selected provisions of the novel



Article. XVI Government Regulation 480/2009 Sb.



Transitional provision



Proceedings for the year 2009 according to Government Decree No. 95/2008 Coll. initiated prior to the

date of entry into force of this Regulation shall be completed in accordance with government regulation

No 95/2008 Coll., in the version in force until the date of entry into force of this

of the regulation.



Article. XVI of Decree-Law No 369/2010 Sb.



Transitional provision



The procedure for the granting of subsidies on applications submitted under Decree-Law No.

95/2008 Coll. started before 1. July 2011 shall be completed in accordance with regulation

Government No 95/2008 Coll., in the version in force before 1 July. July 2011.



Article. (XVI) Government Regulation No. 448/2012 Sb.



Transitional provision



The procedure for applications made under the Government Decree No. 95/2008 Sb.

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

Government Decree No. 95/2008 Coll., in the version in force until the date of entry into force of

of this regulation.



Article. XVI No. 400/Sb.



Transitional provision



The procedure for applications made under the Government Decree No. 95/2008 Sb.

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

Government Decree No. 95/2008 Coll., in the version in force until the date of entry into force of

of this regulation.



section 12 of Decree-Law No 308/2014 Sb.



Transitional provision



The procedure for applications made under the Government Decree No. 95/2008 Sb.

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

Government Decree No. 95/2008 Coll., in the version in force prior to the date of acquisition

the effectiveness of this regulation.



1) Article. 143 bb Regulation (EC) No 1782/2003 of 29 September 2003. September 2003,

establishing common rules for direct support schemes under the

the common agricultural policy and establishing certain support schemes

for farmers, and amending Regulation (EEC) No 2019/93, (EC) No.

1452/2001, (EC) no 1453/2001, (EC) No 1454/2001, (EC) No 1868/94,

(EC) No 1251/1999, (EC) No 1254/1999, (EC) no 1673/2000, (EC) No.

2358/71 and (EC) no 2529/2001, as amended.



2) Act No. 257/2000 Coll., on the State agricultural intervention fund, and

amendments to certain other laws (the law on the State farm

the intervention fund), as amended.



3) Article. 11 of Council Regulation (EC) No 2200/96 of 28 June. October 1996 on

the common organisation of the market in fruit and vegetables, as amended.



4) of Decree-Law No 47/2007 Coll., laying down certain conditions

the provision of single area payment scheme and certain agricultural land

the conditions of provision of information on the processing of agricultural products


originating in the land referred to peace.



5) § 476-486 of the commercial code.



488b-6) § 488h of the commercial code.



7) Government Regulation No. 69/2005 Coll., laying down conditions for the granting of

grants in connection with early termination of the operation of agricultural

activity of the agricultural entrepreneurs, as amended.



8) Article. 23 Council Regulation (EC) No 1698/2005 of 20 October 2005. September 2005 on the

support for rural development from the European agricultural fund for development

rural development (EAFRD).



9) Annex VIIIa of Council Regulation (EC) No 1782/2003, as amended.



10) Article. 14. 1 and 1a of Commission Regulation (EC) No 796/2004, as amended

the text of the.



11) § 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.



12) 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.



13 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.



14) 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 15). 1 (b). a) and b) of the Act No. 254/2001 Coll. on waters and the

amendments to certain acts (the Water Act).



16) 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.



17) Article. 26 European Parliament and Council Regulation (EU) no 1306/2013 of

17 May. December 2013 on the financing, management and monitoring of the common

agricultural policy and repealing Council Regulation (EEC) no 352/78, (EEC) No.

165/94, (EC) No 2799/98, (EC) no 814/2000, (EC) No 1290/2005 and (EC) No.

485/2008.