Decree No. 126 / 2021 Coll.
Order on how to calculate the amount of damage caused by selected specially protected animals
Valid
Order
Effective from 01.04.2021
Text versions:
01.04.2021
17.03.2021
126
DECLARATION
of 11 March 2021
on how to calculate the amount of damage caused by selected specially protected animals
The Ministry of the Environment provides pursuant to § 7 (3) of Act No. 115 / 2000 Coll., on the provision of compensation for damage caused by selected specially protected animals, as amended by Act No. 476 / 2001 Coll.:
Method of calculating the amount of damage caused by specified domesticated animals and dogs used for their surveillance
(1) The amount of damage caused by the killing of a defined domesticated animal shall be determined in accordance with Annex 1 to this Regulation. The killing of a demarcated domesticated animal shall also be considered to be due to injury or subsequent mortality due to injury.
(2) When determining the amount of damage in the event of the death of a defined domesticated animal for which, for the purposes of the calculation set out in Annex No 1, the price which would have been obtained when it was sold in normal trade in the domestic territory on the date of the occurrence of the damage or, failing that, the exact date of the damage, the date on which the damage is most likely to occur, the price of the animal shall be determined on the basis of an expert or expert opinion on the occurrence and the level of the damage, taking into account the genetic and productive quality of the animal and, in the case of dairy animals, the amount of milk production not carried out, but no later than 6 months after the date on which the damage occurred. The amount of damage caused by the killing of such a specified domesticated animal shall then be determined mutatis mutandis in accordance with Annex 1 to this Decree.
(3) In the event of the death of a newly born or young individual defined by a domesticated animal which is below market size, the damage shall be met at a level which corresponds closest to the damage determined in accordance with Annex 1 to this Decree. In the case of an animal in respect of which, for the purposes of the calculation set out in Annex 1, the price which would have been obtained in the ordinary course of trade in the country on the date of the occurrence of the damage or, failing that, the exact date of the occurrence of the damage cannot be determined on the date on which the damage is most likely to arise, the price shall be determined on the basis of an expert or expert opinion. The amount of damage caused by the killing of such a specified domesticated animal shall then be determined mutatis mutandis in accordance with Annex 1 to this Decree.
(4) The level of damage when a dog is killed to babysit a defined domesticated animal shall be determined as the normal price of a dog of the same breed serving the defined domesticated animal. For this purpose, the price which would have been achieved when selling a similar dog for babysitting a defined domesticated animal in normal domestic trade on the date of the occurrence of the damage, or, failing that, on the date on which the damage was most likely to occur, cannot be considered as the normal price. In addition, the necessary costs to be incurred effectively for the destruction of a dog used to babysit a defined domesticated animal shall be taken into account in accordance with the requirements of the veterinary law.
(5) Injury to a defined domesticated animal or to a dog used to babysit it it shall be compensated for the costs effectively incurred relating to the veterinary treatment and treatment of the animal (hereinafter referred to as "treatment costs'). The reimbursement of treatment costs for a defined domesticated animal shall not exceed the amount corresponding to the price determined in accordance with paragraphs 1 to 3. The reimbursement of the costs of the treatment of a dog used to babysit a defined domesticated animal shall not exceed the amount corresponding to the price determined in accordance with paragraph 4. In the event that, despite the treatment provided, the injury caused by a dog used to babysit a defined domesticated animal, its further use to babysit a defined domesticated animal, the amount of damage shall be determined as the sum of its price determined in accordance with paragraph 4 and its treatment costs.
Method of calculating the amount of damage caused to hives
The amount of damage to the destruction of the colony shall be determined as the normal cost of the colony. For this purpose, the price which would have been achieved when a similar colony was sold in the ordinary course of trade in the country on the date of the occurrence of the damage, or, if it is not possible to accurately determine the date of the occurrence of the damage, the date on which the damage is most likely to occur.
Method of calculating the amount of damage caused to fish
(1) The amount of damage to fish shall be determined as the normal price. For this purpose, the price that would have been achieved when selling similar fish in the normal course of trade in the country on the date of the occurrence of the damage or, if it is not possible to determine precisely the date of the occurrence of the damage, the date on which the damage is most likely to occur. Compensation for fish damage shall not exceed the amount corresponding to the total price of the fish deployed, provided that other causes of death have been excluded. Where, in the case of multi-hotline management, compensation is requested repeatedly, compensation for fish shall not exceed the amount corresponding to the total price of the fish deployed for the entire production period.
(2) The method of calculating the amount of damage caused by the fish shall be determined in accordance with Annex 2 to this Regulation, using this calculation for the processing of the expert or expert opinion. Paragraph 1, second and third sentences shall apply mutatis mutandis.
Method of calculating the amount of damage caused on unharvested field crops and grassland
(1) The amount of damage to non-harvested field crops shall be determined on the basis of the market prices of the crops obtained at the time of their previous harvest, based on the usual yield at the site and the area of the damaged crop.
(2) The amount of damage to grassland shall be determined on the basis of the market price of hay reached at the time of the previous cleft, based on the usual yield at the site and the area of damaged grassland.
Method of calculating the amount of damage caused on permanent crops
(1) The amount of damage to permanent crops other than forest crops is determined as the price of permanent crops determined by the procedure laid down in the valuation decree (1).
(2) The amount of damage to forest crops shall be determined in accordance with the Decree governing the calculation of the amount of damage or damage to forests by a procedure similar to that of determining the amount of damage from early forest washing, the destruction of forest crops, the reduction of the increase in forest vegetation or the quality of forest crops, or a procedure similar to that of determining the amount of damage from the extraordinary costs of deforestation.
Method of calculating the amount of damage caused to apiculture equipment, closed buildings and movable goods in closed buildings
(1) The amount of damage to the destruction of the apiculture establishment, the closed object or the movable object in the closed object shall be determined as the normal price of the same item or object. For this purpose, the price that would have been obtained when selling a similar apiculture plant, a closed building or a movable object in a closed building in normal domestic trade on the date of the occurrence of the damage, or, failing that, the date on which the damage was most likely to occur, is considered to be the normal price.
(2) The amount of damage caused by the partial damage to the apiculture plant, the closed building or the movable object in the closed building shall be determined on the basis of the cost of the removal of damage or repair, not exceeding the price of the new apiculture plant, the closed building or the movable object in the closed building.
Repeal
Decree No. 360 / 2000 Coll., laying down the method of calculating the amount of compensation for damage caused by selected specially protected animals on designated domesticated animals, dogs used for their babysitting, fish, bees, apiculture, non-harvested field crops and forest crops shall be deleted.
Efficacy
This Decree shall take effect on 1 April 2021.
Minister:
Mgr. Brabec v. r.
Příloha č. 1
Annex No 1 to Decree No. 126 / 2021 Coll.
Method of calculating the amount of damage caused by specified domesticated animals
The amount of damage caused by specified domesticated animals shall be calculated according to the following formula:
Z = c + k
where
Z - amount of damage in CZK
c - the price that would be obtained when selling a similar defined domesticated animal in normal domestic trade on the date of the occurrence of the damage, or, if it is not possible to accurately determine the date of the occurrence of the damage, the date on which the damage is most likely to occur. It can be determined using summarized data according to the price list published on the Ministry of the Environment's website; for value added tax payers in the agricultural sector, the price excluding value added tax shall be used.
k - costs incurred for the destruction of the killed animal in accordance with the requirements of the veterinary law, which the applicant shall provide with an accounting document
In case of damage to several individuals defined by domesticated animals, the level of damage shall be calculated according to the following formula:
Z = (c1 + c2 + c3 +...) + kcelk.
where
Z - amount of damage in CZK
c1, c2, c3,... - price of individual specified animals as defined above
kcelk. - aggregate costs incurred to eliminate killed animals
Příloha č. 2
Annex No 2 to Decree No. 126 / 2021 Coll.
Method of calculating the amount of damage caused on fish
The amount of damage caused to fish by river otter shall be calculated according to the following formula:
Z = c * p * d * n * Rn * N / 4 * Ip * Iv * In
where
Z - amount of damage in CZK
c - the price of fish (fish dressings) per 1 kg in CZK for the same species and age category of fish that would be achieved when selling similar fish in normal trade in the country on the date of the damage; the price setting may also be based on summarized data according to the price list published on the Ministry of the Environment's website; for the purposes of calculating the damage, a collective of fish deployed for economic exploitation shall be considered as a fish stock; for value added tax payers in the field of pond management, the price excluding value added tax shall be used.
The value c shall be determined by:
I. for a single-step assembly based on the current price of the fish in question, the price used for the same species and age category of fish or the price shown in the price list published on the website of the Ministry of the Environment
II. for multi-species assembly based on the determined average price of the assembly in the price list published on the website of the Ministry of Environment
or
on the basis of this calculation, based on the mass spectrum of the stacking during the period of damage and current fish prices:
c = h1c1 + h2c2 + h3c3... h1 + h2 + h3...
where
h1,2,3,... - weight of each species deployed (kg) of the given price category
c1,2,3,... - price per kg of individual fish deployed
Where predatory fish species are present in the fish stock, the calculation formula shall be adjusted as follows:
c = h1c1 + h2c2 + h3c3... + hd1cd1 + hd2cd2... + 5 (hd1 + hd2...) cxh1 + h2 + h3... + hd1 + hd2... + 5 (hd1 + hd2...)
where
h1,2,3,... - the weight of each species of fish deployed (kg) of the given price category, with the exception of predatory fish,
hd1,2,3,... - the weight of each species deployed with predatory fish (kg) of the given price category,
c1,2,3,... - the price of each species of fish deployed per kg, excluding fish of prey,
cd1,2,3,... - price per kg of each species of predatory fish deployed,
cx - the price of the food white (weeds) fish per kg (in the case of the assembly of predatory fish, the price of weeds, unplanted fish shall also be taken into account, taking into account the food requirements of predatory fish species in a ratio of 5: 1); for determining the price of food white fish is based on the price shown in the price list published on the website of the Ministry of Environment
p - food coefficient
The food coefficient is 0.8. The food coefficient takes into account food intake in the river otter and the proportion of commercial species in the river otter. The food coefficient corresponds to the average values of the ratio of commercial fish species and other prey species (unplanted fish, frogs, crayfish, etc.) found on ponds.
d - number of days
The number of days shall correspond to the length of the period during which the applicant's pond was deployed within a harmful period but not more than 6 months. Where more than one adjacent pond of the same applicant is the subject of a calculation of damage, the number of days shall be considered as the period during which the predominant part of those ponds was deployed.
n - density of river otter
The density of river otter in square standard mapping network according to the location of the pond on which the damage occurred, which is regularly published on the website of the Czech Nature Conservation Agency.
If the applicant's ponds for compensation are located in several quadrants of the standard mapping network, the density of river otter shall be calculated as the weighted average of the density of otter in the quadrants on which the ponds are affected. The weights for individual values are given by the number of ponds of the applicant for compensation in a given square.
The quadricides listed here correspond to the division of the territory of the Czech Republic by standard mapping network S-JSTK (11,2 x 12 km), each square is subdivided into 4 subsquares (see also variables N and Rn). The map layer of quadrants and subquadrants is available on the website of the Czech Nature Protection Agency.
The river otter density shall be determined according to the following formula:
n = w1x1 + w2x2 + w3x3... w1 + w2 + w3...
where
wi - number of pond applicants for compensation in a given square,
xi - density of river otter in a given square.
Rn - share of the perimeter of ponds
This is the share of the perimeter of the pond of the applicant for compensation from the perimeter of the banks of all ponds located in the entire area of selected subquadrates (N).
To determine the dimensions of ponds (perimeter of banks), the calculation is based on the actual surface of the water level determined on the basis of current aerial images or on the basis of the map layer of water tanks A05 - water tanks (www.dibavod.cz)
Those ponds of the applicant for compensation shall be considered as ponds of the applicant for compensation for which the applicant in the application in question requests compensation for damage caused by the river otter and for which the expert or expert opinion is therefore processed.
The share of the perimeter of ponds is determined according to the following formula:
Rn = Rz / R
where
Rz - the perimeter of the banks of ponds on which compensation is requested,
R - circumference of the shores of all ponds in the entire area of selected subquadrates.
For the determination of R is not counted against dams which are also part of the layer of water tanks A05; if one interferes with the area of selected subquadrants, the perimeter of its banks must be subtracted. The current list of water areas considered to be dams is published on the website of the Czech Nature Protection Agency.
N - number of selected subquadrates
This is the number of subquadrants of the standard mapping network on which the applicant's pond for compensation is located.
Ip - index of number of pond applicants for compensation
Ip = 1 if the index value is not higher on the basis of the calculation below:
Ip = 3,0431 * x-0,336
where x - number of pond applicants for compensation.
Iv - index size of pond applicant for compensation
Iv = 1 if, on the basis of the calculation below, an index value greater than:
Iv = 1,7996 * x-0,272
where x - average size of the applicant pond (ha)
To determine the dimensions of ponds, the calculation is based on the actual surface of the water level determined on the basis of current aerial images or on the basis of the map layer of water tanks A05 - water tanks (www.dibavod.cz).
In - index of visitors to ponds
The index can reach values ranging from 0.1 to 2 and takes into account the different intensity of traffic by river on individual small ponds. If a claim for compensation is made for more than 10 ponds of the applicant for compensation or for more than 1 ha in the pond, In = 1.
Calculation: The index value shall be determined separately within a given range for each pond with an area of up to 1 ha on the basis of an on-the-spot survey and an assessment of the number of residence characteristics found in river otters (the more resident characters, the higher the river-bed traffic can be expected and the higher the value for the pond). In case of a larger number of ponds, the average value of the individual indices thus determined shall then be used as In.
For the calculation which is part of an expert or expert opinion demonstrating the level of damage caused by river otter, the following shall be submitted:
- a table of all ponds under assessment with a record of parcel and cadastral territory,
- area of the actual water surface of ponds determined according to current aerial images or based on the map layer of water tanks A05- water tank (www.dibavod.cz),
- a map with the position of the ponds considered and the drawing of all quadrants and subquadrants of the standard mapping network used for the calculation,
- the period of deployment of the ponds under consideration, the list of fish species deployed, their size categories, the quantity (in kg) and the price (in CZK / kg) according to the indexes and the method for determining them,
- the calculation according to the formula described, describing the values used (justification of used index values, e.g. traffic, etc.) and adding other relevant facts for determining the level of damage.
1) Part Five of Decree No. 441 / 2013 Coll., implementing the Law on the Valuation of Assets (Valuation Order), as amended.
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Regulation Information
| Citation | Decree No. 126 / 2021 Coll., on how to calculate the amount of damage caused by selected specially protected animals |
|---|---|
| Regulation Type | Order |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 17.03.2021 |
|---|---|
| Effective from | 01.04.2021 |
| Effective until | - |
| Status | Valid |
Public Contracts 1
smlouva_mapování vydry
Agentura ochrany přírody a krajiny ČR
ALKA Wildlife, o.p.s.
649 722 CZK
14.07.2021
Source:
Hlídač státu
(CC BY 3.0 CZ)
The regulation text is for informational purposes only.
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