45/2009 Sb.



GOVERNMENT REGULATION



of 26 March. in January 2009,



amending Government Decree No. 79/2007 Coll., on conditions for the implementation of the

Agri-environment measures, as amended by Decree-Law No. 114/2008 Sb.



Change: 78/2010 Sb.



The Government ordered pursuant to section 2 c of paragraph 1. 5 of law No 249/1997 Coll., on

Agriculture, as amended by Act No. 85/2004 Coll. (hereinafter the "Act") to

implement section 2 c of paragraph 1. 2 (a). (b)) of the Act, and under section 1 (1). 3 of Act No.

256/2000 Coll., on the State agricultural intervention fund and amending

some other laws (the law on the State agricultural intervention

Fund), as amended by Act No. 441/2005 Coll.:



Article. (I)



Government Regulation No. 79/2007 Coll., on conditions for the implementation of the

Agri-environment measures, as amended by Decree-Law No. 114/2008

Coll., is amended as follows:



1. In paragraph 3, at the end of paragraph 3 the following sentence "in a calendar year is

You can submit only one application for inclusion. ".



2. in article 3, the following new paragraph 3a, including the title reads as follows:



' section 3a



The inclusion of the integrated transfer of production to the title of organic

Agriculture



(1) if the applicant intends to during that five-year period to convert

inclusion in the title integrated production with the culture of vineyards or fruit

pursuant to section 2 (c) sets. and) point 2 and § 8 para. 1 (b). a) points 1 and 2 to the

inclusion in the title of organic farming in accordance with § 2 (b). and point 1)

shall submit a new request for the inclusion of paragraph 2.



(2) if the applicant requests referred to in paragraph 1 shall indicate, in this

request



and all soil blocks), where applicable, their parts included in the title

integrated production with the culture of the vineyard or Orchard, including classified

acreage,



(b)) all soil blocks or parts thereof listed in the title

organic farming, including classified assessments,



(c) reduction in the acreage of land included) block, or component thereof, including

possible because of the reduction in accordance with § 5 para. 5,



(d) an increase in the acreage of land included) block, or component thereof,



e) soil blocks or parts thereof, that have not yet been included in the

the title of the integrated production with the culture of the vineyard or orchard and the applicant

the title is required to enlist in the organic agriculture.



(3) on an application made in accordance with paragraphs 1 and 2 shall apply the terms and conditions

laid down in paragraph 3 and 5 apply mutatis mutandis. If the applicant meets the conditions for inclusion in the

the title of organic farming in accordance with § 7, failure of the original

the five-year period in the title integrated production under section 2 (b). and)

2 and § 8 para. 1 (b). a) points 1 and 2 shall not be considered in breach of the terms.



(4) if the applicant in the calendar year of the request referred to in

paragraphs 1 to 3, in this calendar year, submit a request for the inclusion of

pursuant to section 20 the title of organic farming and integrated production. ".



3. In section 4, paragraph 4. 2 (a). (c)), the words ' of this regulation ' shall be

the words "and in accordance with the terms of the minimum requirements for use

fertilizers and plant protection products ^ 6a) referred to in annex 3 to the

This regulation ".



Footnote # 6a:



"6a) paragraph 5.3.2.1. of annex II to Commission Regulation (EC) No 1974/2006.".



4. In section 4, paragraph 4. 2 (a). (d)), the words "uses these fertilizers and" are deleted.



5. In section 4, paragraph 4. 2 (a). e), the words "and uses these medicines and" are deleted.



6. footnote # 10 reads as follows:



"10) section 49 of Act No. 326/2004 Coll., on phytosanitary care and amendments

some related laws, as amended by law no 131/2006 Sb.



section 19 of Decree No. 329/2004 Coll., on preparations and additional resources on

plant protection products ".



7. in section 4, paragraph 4. 2 (h)) repealed.



The present letter i) is renumbered as paragraph (h)).



8. in § 5 para. 5 (b). g), the words "5%" is replaced by "15%".



9. in paragraph 7, the following paragraph 9 is added:



"(9) an applicant who applies for a grant on the culture sets, shall ensure that the average

the number of viable individuals fruit trees, fruit bushes, if applicable

per 1 ha planted the kind of tree species on soil block, or

his work, which required subsidies, has not fallen in



and jádrovin under 200 pieces),



(b)) and smells of skořápkovin under 150 pieces,



(c)) under 800 pieces soft fruit. ".



10. in section 13 paragraph 12 reads as follows:



"(12) Fund will provide grant money in the currency of the United States; the rate of subsidy under

paragraph 11 is converted according to the exchange rate, which is published in the

the first official journal of the European Union published in the calendar year for

that payment is granted, and which is listed on the date that is closest to the

the beginning of this calendar year. ".



11. in § 14 para. 3, letter a) is repealed.



Subparagraph (b)) to (n)) shall become letters and) to m).



12. In paragraph 15 (b). and a violation of) the words "the conditions for the use of fertilisers ^ 7)

or ^ 8) livestock manure referred to in § 4, paragraph 4. 2 (a). (d)) or ", and

the words "keeping of the fertilizing ^ 9)" are deleted.



13. in paragraph 15 (b). (d)), the following point 4 is added:



"4. the violation of the conditions referred to in § 7 para. 9; the subsidy shall be granted on the

the soil block, or component thereof, on which was a violation of

found; acreage of the soil block, or component thereof, to which the Fund

does not provide a grant under this section, the amount determined under

regulations of the European Communities shall not include, ".



14. in article 15, the end of the letter r) dot is replaced by a comma and the following

letter s) is added:



"with the conditions listed in the) violations of § 4 para. 2 (a). (e)),

violation of this condition is considered to be the failure to produce evidence of the use of

of plant protection products ^ 10) during the spot checks on ^ 35) or

the submission of such evidence, from which it is not possible to determine the fulfilment of the conditions

referred to in § 8 para. 4 (b). and), § 8 paragraph. 5 (b). and), § 8 paragraph. 5 (b).

(b)), § 8 para. 5 (b). (e)), or § 8 para. 7 (b). d).“.



15. § 19 is repealed.



16. In article 20, paragraph 7 shall be deleted.



17. Appendix 3:



"Annex 3 to Regulation No. 79/2007 Sb.



Conditions for the minimum requirements for the use of fertilisers and plant

plant protection products

Under the terms of the minimum requirements for fertiliser and plant protection products shall be considered:



1. the condition laid down in section 6 of the Government Regulation No. 103/2003 Coll., as amended by Decree-Law No 109/2008 Sb.

2. the condition laid down in section 11 (1) 2 Government Regulation No. 103/2003 Coll., as amended by Decree-Law No 109/2008 Sb.

3. the condition laid down in section 11 (1) 3 of Decree-Law No 104/2003 Coll., as amended by Decree-Law No 109/2008 Sb.

4. the condition laid down in section 12 (b). and) Government Regulation No. 103/2003 Coll., in the zněnínařízení of the Government No. 108/2008 Sb.

5. the condition laid down in § 9 para. 2 (a). b) Government Decree No. 157/1998 Coll., as amended by Act No. 308/2000 Coll.

Act No 317/2004 Coll. and Act No. 9/2009 Sb.

6. the condition laid down in § 9 para. 2 (a). (d)) Government Decree No. 157/1998 Coll., as amended by Act No. 308/2000 Coll.

Act No 317/2004 Coll. and Act No. 9/2009 Sb.

7. the condition laid down in paragraph 46 (a). a) points 1 and 5 of the Act No. 326/2004 Coll., as amended by Act No. 135/2006 Coll.

8. the condition laid down in § 49 paragraph 1. 1 (b). (b)) of the Act No. 326/2004 Coll.

9. the condition set out in section 66 of Act No. 326/2004 Coll.

10. the condition laid down in § 86 para. 3 of the Act No. 326/2004 Coll., as amended by law No 249/2008 Sb.

11. the condition laid down in § 86 para. 4 of Act No 326/2004 Coll., as amended by Act No. 135/2006 Coll. and Act No. 249/2008 Sb.



The conditions referred to in points 1 to 4 shall also apply outside the areas specified in article 2 of Decree-Law No 104/2003 Coll.



18. in annex No 1 column for the type of Planting vegetables peppers are annual

the number "60" is replaced by "000 30 000".



Article. (II)



Transitional provisions



Applications under Government Regulation No. 79/2007 Coll., in the version in force in

the effective date of this regulation, shall be assessed in accordance with government regulation

No 79/2007 Coll., in the version in force until the date of entry into force of this

of the regulation.



Article. (III)



The effectiveness of the



This Regulation shall enter into force on the date of 15. February 11, 2009.



Prime Minister:



Ing. Topolanek in r.



Minister of agriculture:



Mgr. Gandalovič in r.