Government Decree No. 114 / 2008 Coll.
Government Regulation amending Government Regulation No 79 / 2007 Coll., on the conditions for implementing agri-environment measures
Valid
Effective from 15.04.2008
Text versions:
15.04.2008
14.04.2008
114
GOVERNMENT REGULATION
of 26 March 2008
amending Government Regulation No 79 / 2007 Coll., on the conditions for implementing agri-environmental measures
The Government hereby orders, pursuant to Section 2c (5) of Act No. 252 / 1997 Coll., on Agriculture, as amended by Act No. 85 / 2004 Coll., (hereinafter referred to as "the Act '), to implement Section 2c (2) (b) of the Act and under Section 1 (3) of Act No. 256 / 2000 Coll., on the State Agricultural Intervention Fund and on the amendment of certain other laws (Act on the State Agricultural Intervention Fund), as amended by Act No. 441 / 2005 Coll.:
Government Decree No 79 / 2007 Coll., on the conditions for the implementation of agri-environmental measures, is amended as follows:
1. in Article 3 (1) (a), including footnotes 3 to 5, the following shall be added:
'(a) shall farm and apply for classification at least for:
1. 0,5 ha of agricultural land registered in the register of use of agricultural land according to userrelations (3) (hereinafter referred to as "land register") per applicant, where an application for inclusion in the organic farming title referred to in Article 2 (a) (1) and management under the special legislation4),
2.1 ha of fruit orchards registered in the soil register per applicant, if the application is for inclusion in the integrated production title referred to in Article 2 (a) (2) and fruit cultivation,
3.0,5 ha of vineyards registered in the land register to the applicant, if the application for inclusion in the integrated production title referred to in Article 2 (a) (2) and the cultivation of vines,
4.0,5 ha of agricultural land kept in the soil register per applicant, if the application for inclusion in the integrated production title referred to in Article 2 (a) (2) and vegetable cultivation,
5. 5 ha of agricultural land registered in the soil register per applicant, if the application is for inclusion in the assessment of the treatment of grassland referred to in Article 2 (b),
6. 2 ha of agricultural land registered on the applicant's land register, if the application is for inclusion in the coverage of the treatment of grassland referred to in § 2 (b) and the agricultural land is situated in the national park or protected landscape area (5),
7. (c) point 1;
8. (c) point 2; or
9. 2 ha of agricultural land registered in the soil register per applicant, if the application for inclusion in the heading of the biofuels referred to in Article 2 (1) (b) is submitted. (c) point 3;
3) Sections 3a to 3i of Act No. 252 / 1997 Coll., as amended.
4) Act No. 242 / 2000 Coll., on organic farming and amending Act No. 368 / 1992 Coll., on administrative fees, as amended, as amended. Council Regulation (EEC) No 2092 / 1991 of 24 June 1991 on organic production of agricultural products and indications referring thereto on agricultural products and foodstuffs, as amended.
5) Act No. 114 / 1992 Coll., on Nature and Landscape Protection, as amended. '
The references to footnote 4 are referred to as footnote 5 and the references to footnote 5 are referred to as footnote 4.
2. In Article 4, paragraphs 5 to 7 are added:
"(5) Where the applicant carries out an erosion in accordance with Article 3i (b) of the Act (hereinafter referred to as" recovery ') on the soil block or part thereof, with the grass crop culture, he shall ensure that, by 31 August of the calendar year at the latest, there is a continuous grassland on the relevant soil block or part thereof, and
(a) the first cleavage along with the removal of biomass has been carried out; or
(b) a crop intended to protect the growing grassland has been harvested, if sown.
(6) Where this Regulation provides for the date of implementation of the first cleft before 31 August of the calendar year, the first cleavage, with the removal of biomass, or the harvest of crops intended to protect the growing grassland, shall be considered, in the case of renewal in accordance with paragraph 5, until 31 August of the calendar year, to comply with this condition.
(7) For areas identified as unfit for agri-environment measures in the land register, or for areas where none of the titles proposed as part of the assessment of the treatment of grassland in terms of landscape and nature conservation, and the applicant shall demonstrate this fact in the application for inclusion by the consent of the competent nature conservation authority (5), paragraph 2 (f) and (g) shall not apply. ';
3. In Article 5, at the end of the text of paragraph 7, the words "and, where appropriate, the exclusion of this measure from the relevant agri-environmental measure from the beginning of the relevant five-year period 'shall be added.
4. Paragraph 5 (8) reads as follows:
"(8) The applicant shall submit to the Fund an application for a reduction in the allocated area of agricultural land if the reduction in the area of agricultural land included in the relevant agri-environmental measure is due to the facts referred to in paragraph 5 or 7.
(a) during the period from the date of submission of the application for the grant by 31 December of the calendar year concerned, not later than 31 January of the following calendar year for the measure referred to in Article 2 (a), (b) or (c) (1); or
(b) during the period from the date of submission of the application for the grant by 31 March of the following calendar year, and not later than 30 April of the following calendar year, for the measure referred to in Article 2 (1) (b). (c) points 2 or 3.
A request submitted after that date, if not for an application pursuant to paragraph 9, shall be rejected by the Fund. Where an applicant submits an application for reduction of the allocated area of agricultural land as a result of the facts referred to in paragraph 5, he shall no longer submit an application for modification of the application for the grant of the relevant calendar year. The time limits referred to in this paragraph shall not apply to notifications of intervention of a higher power (14). ';
5. In Article 7 (7) (c), the words "not listed in Annex 1 to this Regulation 'shall be inserted after the words" on arable land'.
6. Paragraph 7 (9) is deleted.
7. in Paragraph 8 (1) (b), the words "or 3 'are replaced by the words" to 3';
8. in Paragraph 8 (1), point (c) is deleted;
9. in Paragraph 8 (4) (g), the words "each soil block" are replaced by the words "planted areas of a given type of wood on the soil block."
10. in Paragraph 8 (5) (d), "31 August" is replaced by "30 September."
11. in Article 9 (6), the comma at the end of point (d) shall be replaced by a dot and point (e) shall be deleted;
12. in Article 9 (7) (a), the words "grazing of animals" shall be replaced by the words "grazing or residence of animals (hereinafter referred to as" grazing of animals ")."
13. In Article 9, at the end of paragraph 7, the dot is replaced by a comma and the following point (e) is added:
"(e) ensure that soil blocks or parts thereof, as the case may be, are cut at least twice a year; the first part, together with the removal of biomass, shall be carried out by 31 July of the calendar year; the second part together with the removal of biomass shall be carried out by 31 October of the calendar year. ';
14. In Article 9, at the end of paragraph 10, the dot is replaced by a comma and the following point (h) is added:
"(h) need not fulfil the condition set out in § 4 (2) (g)."
15. in Article 9, at the end of paragraph 12, the dot is replaced by a comma and the following point (f) is added:
"(f) need not fulfil the condition set out in § 4 (2) (g)."
16. in Article 9 (14) (a), the words "including grazing of animals" shall be replaced by the words "excluding grazing of animals."
17. in Article 9 (14), the words "after the first mowing can be carried out, the grazing of the grassland by the livestock listed in Annex 4 to this Regulation may be carried out."
18. In Paragraph 9, at the end of paragraph 14, the dot is replaced by a comma and the following point (f) is added:
"(f) need not fulfil the condition set out in § 4 (2) (g)."
19. In Article 9, at the end of paragraph 17, the dot is replaced by a comma and the following point (i) is added:
"(i) need not fulfil the condition set out in Paragraph 4 (2) (g).";
20. in Article 10 (1) (b), including footnote 28,
"(b) soil blocks, or parts thereof, located at least 50% in a specially protected area (5) and adjacent to the surface water unit (28), on which the applicant sows a grass mixture of seeds referred to in paragraph 6 (a) (1); as adjacent to the surface water unit (28), for the purposes of this Regulation, a soil block or part thereof, any part of which is situated within 25 metres of the surface water body (28), shall be considered to be adjacent to the surface water unit (28);
28) Article 2 (4) of Act No. 254 / 2001 Coll., as amended by Act No. 20 / 2004 Coll. '.
21. in Articles 10 (1) (d), 10 (3) and 10 (5) (c) (5), the words "with water service (28)" shall be replaced by "with surface water (28)."
22. in Article 11 (3) (d) (1), the words "where the aggregate area sown with intercrops for which the applicant requests a subsidy under this Regulation for the relevant calendar year shall not be less than 25% compared to the area covered by this title in the relevant calendar year," shall be deleted.
23. In Article 11, the following paragraph 5 is added:
"(5) The aggregate area determined for which the applicant requests a subsidy under this heading for the relevant period and for which he fulfils the conditions laid down in this Regulation shall not be less than 75% of the area covered by this title in the relevant period. ';
24. in Article 12 (4), the words "but not later than 31 May of the calendar year" shall be added at the end of the text in point (c).
25. In Paragraph 12, at the end of paragraph 4, the dot is replaced by a comma and the following point (f) is added:
"(f) in the case of sown areas of more than 12 metres wide, the indication of the actual boundary of the bio-belt shall ensure visibly in the field.";
26. In Article 13 (1), the words "unless the applicant has all the soil blocks or parts thereof registered in the soil register of the applicant at the date of submission of the application for the award of the aid managed in the organic farming system (4) shall be added at the end of the text of point (b), in the period from the date of submission of the application for the grant until 31 December of the calendar year '.
27. In Article 13, at the end of paragraph 1, the dot is replaced by a comma and the following point (e) is added:
"(e) EUR 89 / ha, if the applicant has all the soil blocks or parts thereof registered in the applicant's land register at the date of the application for the grant of the aid under the organic farming scheme referred to in Article 7 (4), during the period from the date of the application for the grant until 31 December of the calendar year."
28. in Article 13 (5), "§ 7 (7)" is replaced by "§ 7 (5)";
29. In Paragraph 14, the dot is replaced by a comma at the end of paragraph 1 and the following point (i) is added:
"(i) the title of the biodiesel infringement referred to in § 12 (4) (f)."
30. in Paragraph 14 (2) (a):
"(a) a breach of the condition set out in Articles 4 (2) (f), 9 (7) (e), 9 (8) (c), 9 (10) (c), 9 (12) (b), 9 (13) (b), 9 (14) (b), 9 (15) (d), 9 (16) (c), 9 (17) (d), 9 (17) and 9 (13) (b), 9 (14) (b), 9 (15) (d), 9 (16) (c), 9 (17), where the infringement is more than 3% and less than or 25% of the total area of the grassland covered by it,"
31. in Paragraph 14 (2) (f), point 1 is deleted and the designation of point 2 is deleted;
32. in Paragraph 14 (2) (g), point 1 is deleted and the designation of point 2 is deleted;
33.In Article 14 (3) (b), point 2 is deleted and the designation of point 1 is deleted.
34. in Article 14 (3), point (d) is deleted;
Points (e) to (o) shall be renumbered as points (d) to (n).
35. in Article 14 (3), the words' shall be added at the end of the text of point (m); in respect of a breach of the condition in Article 10 (6) (b), a breach of that condition shall also be considered after the first year of the five-year period concerned ';
36. in Article 15 (a) and (b):
"(a) non-compliance with the conditions of use of fertiliser (7) or manure fertiliser (8) referred to in Article 4 (2) (d), where applicable, non-compliance with the conditions of maintenance of fertiliser (9) or manure fertiliser (8), where the non-submission of the fertiliser register (35) or the submission of such evidence is considered a breach of the conditions of Article 8 (5) (c), § 8 (7) (j), § 8 (7) (k), § 9 (7) (a), § 9 (8) (8) (10) (a), § 9 (15 (b), § 9 (16), or § 9 (17) (c),
(b) infringement of the condition referred to in Articles 4 (2) (f), 9 (7) (e), 9 (8) (c), 9 (10) (c), 9 (12) (b), 9 (13) (b), 9 (14) (b), 9 (15) (d), 9 (16) (c), 9 (17) (d), where the infringement is above 25% of the total area of its registered grassland, "
37.In Article 15 (d), point 4 is deleted.
38. in Article 15 (e) (2), the words "(a), (b)" shall be deleted;
39. in Paragraph 15 (m), the words "or (d)" shall be deleted;
40. in Paragraph 15 (n), the words "or (c)" shall be deleted;
41. in Article 15 (q), the words "or (d) (1) or (3)" shall be replaced by the words "or in Article 11 (5)";
42.Paragraph 16 (4) reads as follows:
"(4) The fact set out in Paragraph 20 (5) does not justify the reimbursement of the subsidy under Article 5 (7)."
43.Paragraph 17 (c) shall be deleted;
44. In Paragraph 17, the current text becomes paragraph 1 and the following paragraph 2 is added:
"(2) If the Fund finds a breach of the condition referred to in Article 10 (2), (3) or (6) (a) for the applicant, the subsidy under the agri-environmental measure in question shall not be granted for the soil block or part thereof on which the infringement occurred and the Fund shall decide at the same time on the exclusion of the soil block or part thereof on which the infringement occurred; where applicable, the obligation to repay the subsidy granted or part thereof is not affected. ';
45. Annex 3 reads as follows:
"Annex No. 3 to Government Decree No. 79 / 2007 Coll.
Conditions for the protection of waters against pollution caused by nitrates from agricultural sources
[Paragraph 4 (2) (h)]
1. Fertilisation prohibition period
Do not use fertilisers containing nitrogen and manure ("nitrogen fertilisers') during the period laid down in Table 1.
The fertilisation prohibition period referred to in Table 1 shall not apply to feces and urine left by farmed animals during grazing or during any other stay on agricultural land and to the fertilisation of covered areas (in particular greenhouses and foils).
Table 1 Period of prohibition of use of nitrogen fertilisers on agricultural land
| OBDOBÍ ZÁKAZU HNOJENÍ | |||
|---|---|---|---|
| Plodina nebo kultura | Klimatický region*) | Hnojiva s rychle uvolnitelným dusíkem**) | Minerální dusíkatá hnojiva |
| Plodiny na orné půdě (mimo travních a jetelovinotravních porostů), trvalé kultury | 0 - 5 | 15. 11. - 31. 1. | 1. 11. - 31. 1. |
| 6 - 9 | 5. 11. - 28. 2. | 15. 10. - 15. 2. | |
| Travní (jetelovinotravní) porosty na orné půdě, trvalé travní porosty | 0 - 5 | 15. 11. - 31. 1. | 1. 10. - 28. 2. |
| 6 - 9 | 5. 11. - 28. 2. | 15. 9. - 15. 3. | |
| Používání hnojiv s pomalu uvolnitelným dusíkem***) na orné půdě je zakázáno v období 1. 6. – 31. 7. (toto ustanovení neplatí v případě následného pěstování ozimých plodin a meziplodin) a v období 1. 12. – 31. 1. | |||
Explanatory notes to the table:
*) The first digit of the five-digit code of the soil-protected organic unit according to Decree No. 327 / 1998 Coll.
* *) Fertilisers with rapidly released nitrogen are manure such as slurry, manure, urinals, silage, poultry droppings and small livestock with or without bedding, faeces and urine left by farmed animals or other residence on agricultural land, and organic or organo-mineral fertilisers in which the carbon / nitrogen ratio is less than 10.
* * *) Fertilisers with slowly released nitrogen are manure such as manure and organic or organo-mineral fertilisers in which the ratio of carbon to nitrogen is equal to or greater than 10. The fertilisation prohibition period also applies to treated sludges.
2. Management on sloping soil blocks or parts thereof
On soil blocks, or parts thereof, with a grassland culture above 7 degrees, a single dose of 80 kg nitrogen per ha is limited when nitrogen fertilisers are used. This does not apply to the supply of nitrogen in feces and urine for grazing livestock or other grassland.
No nitrogen fertilizers shall be used on soil blocks or parts of soil blocks or parts of soil blocks or parts thereof, with one crop or mixture of arable crops with a culture rate above 12 degrees, except for solid manure and solid organic fertilisers treated in the soil within 24 hours of their application. This does not apply to retained harvested vegetable residues.
3. Management on soil blocks or parts thereof adjacent to surface water bodies 28)
On soil blocks, or parts thereof, directly adjacent to surface water bodies (28), the non-fertilised soil protection belt shall be maintained at least 3 m from the shore line.
On soil blocks, or parts thereof, directly adjacent to surface water bodies (28) with a gradient above 7 degrees, the protective belt shall be maintained at least 25 m from the shore line where liquid fertilisers with rapidly released nitrogen are not used. This does not apply to the supply of nitrogen in feces and urine for grazing livestock or other grassland.
4. Limiting the quantity of organic nitrogen used in soil blocks or parts thereof
On average, the total nitrogen applied annually to agricultural land in organic and organo-mineral fertilisers and manure shall not exceed 170 kg nitrogen per hectare in the applicant's land register. Only soil block surfaces, or parts thereof, suitable for fertilisation shall be taken into account in the average of the total area. Within a limit of 170 kg nitrogen per hectare, nitrogen intake shall be included in the use of the treated sludges (23) and nitrogen intake from the harvested vegetable residues shall not be counted.
As agricultural land suitable for fertilisation, the soil blocks, or parts thereof, shall be kept on the applicant's land register from which soil blocks, or parts thereof which cannot be fertilised (for example near surface waters, in the built-up territory of the municipality or in the protection zones of water resources), and unused areas, eels and soil blocks, or parts thereof, lying fallow. ';
46. In Annex 6, under the words:
"Onions
Allium cepa L.
-Spring; -winter ';
insert the words
"Onions
Allium fistulosum L. '.
47. In Annex 6, under the words:
"Spinach
Spinacia oleracea L.
-Spring, fall, overwinter'
insert the words
"Common gourd
Cucurbita pepo L. '.
48.
"Annex No 11 to Government Decree No 79 / 2007 Coll.
Maximum permitted nitrogen fertilisation limits per ha for growing vegetables in the context of environmentally sound practices (Section 8)
Maximum amount of nitrogen (N) available for each vegetable species
| Druh zeleniny | Maximální množství N v kg/ha |
|---|---|
| Brokolice | 170 |
| Celer bulvový | 160 |
| Cibule kuchyňská | 100 |
| Cibule sečka | 100 |
| Česnek kuchyňský | 20 |
| Fazol obecný | 55 |
| Hrách zahradní | 40 |
| Kapusta hlávková | 155 |
| Kapusta růžičková | 130 |
| Kedluben | 125 |
| Kopr vonný | 45 |
| Kukuřice cukrová | 70 |
| Květák | 195 |
| Meloun vodní | 205 |
| Mrkev obecná | 170 |
| Okurka setá | 95 |
| Paprika roční | 80 |
| Pastinák setý | 84 |
| Pažitka pravá | 95 |
| Petržel zahradní kořenová | 70 |
| Petržel zahradní naťová | 100 |
| Pór pravý | 100 |
| Rajče | 80 |
| Ředkvička | 70 |
| Řepa salátová | 70 |
| Salát | 85 |
| Špenát setý | 90 |
| Tykev obecná | 100 |
| Zelí hlávkové | 215 |
| Zelí pekingské | 130 |
49. Annex 13 reads as follows:
"Annex No. 13 to Government Decree No. 79 / 2007 Coll.
Minimum number of sowing / planting per 1 ha of each vegetable species in the context of environmental procedures (Section 8)
| Druh zeleniny | Výsadba ks | Výsev volně | Poznámka |
|---|---|---|---|
| Brokolice | 30 000 | 60 000 semen | |
| Celer bulvový | 50 000 | ||
| Cibule kuchyňská | 2,5 VJ | VJ=250 000 semen | |
| Cibule sečka | 4 VJ | VJ =250 000 semen | |
| Česnek kuchyňský | 800 kg | ||
| Fazol obecný | 0,2 mil. semen | ||
| Hrách zahradní | 9 VJ | VJ=100 000 semen | |
| Kapusta hlávková | 30 000 | 45 000 semen | |
| Kapusta růžičková | 25 000 | 50 000 semen | |
| Kedluben | 80 000 | 120 000 semen | |
| Kopr vonný | 4 kg | ||
| Kukuřice cukrová | 1 VJ | VJ=50 000 semen | |
| Květák | 20 000 | 30 000 semen | |
| Meloun vodní | 5 000 | ||
| Mrkev obecná | 0,8 VJ | VJ=1 mil. semen | |
| Okurka setá | 15 000 | 25 000 semen | |
| Paprika roční | 60 000 | ||
| Pastinák setý | 250 000 semen | ||
| Pažitka pravá | 50 000 | ||
| Petržel zahradní kořenová | 0,8 mil.semen | ||
| Petržel zahradní naťová | 3 kg | ||
| Pór pravý | 160 000 | ||
| Rajče | 50 000 | 80 000 semen | |
| Ředkvička | 1mil.semen | ||
| Řepa salátová | 120 000 semen | ||
| Salát | 50 000 | ||
| Špenát setý | 10 VJ | VJ=100 000 semen | |
| Tykev obecná | 5 000 | ||
| Zelí hlávkové | 25 000 | 35 000 semen | |
| Zelí pekingské | 40 000 |
VJ - seeding unit '.
Transitional provision
Applications submitted pursuant to Government Regulation No 79 / 2007 Coll., as effective by the date of entry into force of this Regulation, shall be assessed in accordance with Government Regulation No 79 / 2007 Coll., as effective by the date of entry into force of this Regulation.
Efficacy
This Regulation shall enter into force on 15 April 2008.
Prime Minister:
Ing. Topolánek v. r.
Minister for Agriculture:
Mgr. Gandalovich v. r.
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Regulation Information
| Citation | Government Regulation No. 114 / 2008 Coll., amending Government Regulation No. 79 / 2007 Coll., on the conditions for implementing agri-environmental measures |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 14.04.2008 |
|---|---|
| Effective from | 15.04.2008 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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