Government Decree No. 140 / 2023 Coll.
Government Regulation on the conditions for the implementation of agroforestry measures and amending Government Regulation No 307 / 2014 Coll., on the establishment of details of land use records according to user relations, as amended, and Government Regulation No 69 / 2023 Coll., on the establishment of conditions for the implementation of measures in the wine sector (Government Regulation on the conditions for the implementation of agroforestry measures)
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Effective from 01.06.2023
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140
GOVERNMENT REGULATION
of 24 May 2023
laying down the conditions for the implementation of agroforestry measures and amending Government Regulation No 307 / 2014 Coll., laying down the details of the land use register according to user relations, as amended, and Government Regulation No 69 / 2023 Coll., laying down the conditions for the implementation of measures in the wine sector (Government regulation laying down the conditions for the implementation of agroforestry measures)
The Government orders pursuant to § 2c (5) and § 3i of Act No. 252 / 1997 Coll., on Agriculture, as amended by Act No. 85 / 2004 Coll., Act No. 291 / 2009 Coll., Act No. 179 / 2014 Coll. and Act No. 382 / 2022 Coll., and pursuant to § 1 (3) of Act No. 256 / 2000 Coll., on the State Agricultural Intervention Fund and on the amendment of certain other laws (Act No. 441 / 2005 Coll., Act No. 291 / 2009 Coll. and Act No. 179 / 2014 Coll.:
DETERMINATION OF THE CONDITIONS FOR IMPLEMENTATION OF AGRICULTURAL MEASURES
Subject matter
This Regulation lays down the conditions for the implementation of agroforestry measures in the Czech Republic, following directly applicable European Union1) and in accordance with the European Union's Common Agricultural Policy Strategy Plan.
Definition of terms
For the purposes of this Regulation:
(a) by linearly planting of timber not immediately adjacent to the border of the part of the soil block forming part of the soil block of a series of trees or bushes, the trees being planted in a regular or irregular buckle;
(b) by multiple planting of trees on permanent grassland, where trees or shrubs in planting are evenly dispersed on the part of the soil block, or by planting of trees in a group on permanent grassland comprising at least 5 pieces of wood vegetation with the highest possible area of 600 m2; and
(c) a belt of agricultural land not immediately adjacent by length to the border of the part of the soil block of a total width of not less than 1 and not more than 10 metres on which the line planting referred to in point (a) is located on the agricultural culture of standard arable land or grassland and on which the bushes listed in Annex 1 to this Regulation are planted where appropriate.
Subsidies granted under agroforestry measures
(1) Under agro-forestry measures, subsidies shall be granted for:
(a) establishing an agroforestry system; or
(b) follow-up care for the agroforestry system, for a period of 5 calendar years starting from the year following that in which the agroforestry system was established (hereinafter referred to as "subsidies for the management of the agroforestry system"), which is further subdivided into titles
1. a silvooreb system; or
2. Silvopasttive system.
(2) Subsidy under agroforestry measures shall not be granted for the planting of breeding plantations of rapidly growing trees and for the planting of plantations of Christmas trees.
Applicant for subsidy
The applicant for the grant of the agroforestry measure ("the applicant ') may be a natural or legal person who farm at least 0,5 hectares of agricultural land with a type of agricultural culture of standard arable land, grassland or permanent grassland kept on it in the land use register according to user relations (" land use records').
Notification of interest in the grant of the agroforestry measure
(1
(2) The declared applicant shall indicate the highest estimated area of agricultural land for which he intends to apply for the grant of the agroforestry system in the relevant calendar year.
Application for a grant for the establishment of an agroforestry system
(1) The applicant shall submit an application to the Fund for the area-based agro-forestry system no later than 30 November of the relevant calendar year in which the agro-forestry system was established.
(2) An application for a subsidy for the establishment of an agro-forestry system may be made only if there are not more than 15 pieces of viable wood species per hectare on the part of the soil block before the agro-forestry system is established, none of which is listed in Annex 2 to this Regulation. This number shall not include timber according to the first sentence of Paragraph 10 (4).
(3) The application for a subsidy for the establishment of an agroforestry system contains:
(a) the list, area and type of agricultural culture of the parts of the soil blocks on which the agroforestry system was based;
(b) the number of individuals of each species of wood listed in Annex 3 to this Regulation on a given part of the soil block;
(c) geospatial information on soil block works; and
(d) the number of viable wood species present on the part of the soil block referred to in paragraph 2.
(4) The application for a subsidy for the establishment of the agroforestry system shall include:
(a) a project for the establishment of an agroforestry system, containing in particular the identification of the applicant, the identification of the soil block parts and the identification of the planting material used to establish the agroforestry system;
(b) proof of origin of forest reproductive material used in the establishment of the agroforestry system;
(c) proof of origin of planting material produced in accordance with the Law on the circulation of seed and seed in the case of fruit trees;
(d) the opinion of the Nature Protection Authority as to whether the intention to establish an agroforestry system may have a significant impact on the subject-matter of protection or integrity of a European site or bird area under Section 45i (1) of the Nature and Landscape Conservation Act, where the part of the soil block is located in a European site or bird area; and
(e) the consent of the Nature Protection Authority to establish an agroforestry system, if required under Section 45c (2) of the Nature and Landscape Protection Act, if the part of the Soil Block is located in a European site or under Section 45e (2) of the Nature and Landscape Conservation Act, if the part of the Soil Block is located in a bird area.
(5) For non-originating species listed in Annex 3 (C) or in Annex 3 (D) to this Regulation, the aid application shall include:
(a) the authorisation of the nature conservation authority with the deliberate extension of a non-indigenous species pursuant to Article 5 (4) of the Nature and Landscape Conservation Act or the authorisation of the nature conservation authority with the deliberate extension of a crossbreed pursuant to Article 5 (5) of the Nature and Landscape Conservation Act; or
(b) an exemption from the prohibition in the specially protected territory provided for in Section 43 of the Nature and Landscape Conservation Act.
(6) The proof of origin referred to in paragraph 4 (b) means the accompanying document (3), which may not be more than 12 months old at the date of application for the grant of the subsidy for the establishment of the agroforestry system. For the species of forest species identified in Annex 3 to this Regulation, proof of origin as referred to in paragraph 4 (a) shall be sufficient. (b) plant passport.
(7) A proof of origin referred to in paragraph 4 (b) shall be provided. (c) means the supplier's document or official label proving the acquisition or manufacture of fruit tree propagating material.
(8) The application for a subsidy for the establishment of an agroforestry system may not be made for the part of the soil block on which the application for a sub-measure subsidy was submitted pursuant to § 2 (b). (c) a government regulation governing agri-environmental climate measures.
(9) An application for a subsidy for the establishment of an agro-forestry system may be made for a part of the soil block on which no subsidy for the establishment of an agro-forestry system has yet been granted.
(10) If the applicant does not submit a declaration pursuant to Article 5, the Fund shall reject the application for a subsidy for the establishment of the agroforestry system.
Application for inclusion in the grant of a care grant for the agroforestry system
(1) An application for inclusion in the grant of a subsidy for the care of the agro-forestry system (hereinafter referred to as the "application for inclusion") may be submitted by the applicant to the Fund only at the same time as the application for a grant for the establishment of an agro-forestry system pursuant to Article 6 (1).
(2) The application for inclusion shall be submitted for the entire part of the soil block for a period of 5 calendar years starting on 1 January of the calendar year following the year in which the agroforestry system was established.
(3) The applicant shall indicate in the application for inclusion:
(a) a list of the land-use records of the soil-based parts of the soil block managed by it on the applicant with a type of agricultural culture of standard arable land, grassland or permanent grassland on which the agroforestry system was based and the title of the agroforestry system referred to in Article 3 (1) (b) (1) or (2); and
(b) an indication of the area of the individual parts of the soil blocks referred to in (a).
(4) The application for inclusion shall include geospatial information defining the area where the multiannual conditions are met.
(5) To be included in the care of the agroforestry system pursuant to § 3 (1) (b) (1), the part of the soil block on which
(a) the type of agricultural culture of standard arable land or grassland is kept in the land use register;
(b) liner planting is located; and
(c) the sub-measure referred to in Article 2 of the Government Regulation governing agri-environmental climate measures is not applied; This does not apply to subsection 2 (b). (j) or (k) a government regulation governing agri-environmental climate measures.
(6) To be included in the care of the agroforestry system in accordance with § 3 (1) (b) (2), the part of the soil block on which
(a) the type of agricultural culture of permanent grassland is kept in the land use register;
(b) liner planting or scattered planting is located; and
(c) the sub-measure referred to in Article 2 of the Government Regulation governing agri-environmental climate measures is not applied; This does not apply to the title provided for in Section 2 (b) (1) of the Government Regulation governing agri-environmental climate measures.
(7) The minimum area for inclusion shall be 0,5 hectares of agricultural land with a type of agricultural culture of standard arable land, grassland or permanent grassland.
(8) The applicant commits to the agroforestry system throughout the period of inclusion
(a) comply with the cross-compliance rules laid down in the Government Regulation governing cross-compliance rules for farmers on all agricultural land managed by it;
(b) on listed parts of soil blocks with a type of agricultural culture, standard arable land, grassland or permanent grassland to be managed in accordance with other conditions laid down in this Regulation; and
(c) on listed parts of soil blocks with a type of agricultural culture standard arable land, grassland or permanent grassland farming.
(9) During the period from the date of submission of the application for inclusion to the date of inclusion of the applicant,
(a) add another part of the soil block to the application for inclusion; or
(b) in the application for inclusion, increase the area of the soil block part.
Change in the declared area
(1) The applicant may request, during the period of implementation of the multiannual conditions, a reduction in the area of the soil block part or the elimination of the soil block part.
(2) An application for a reduction of the allocated area referred to in paragraph 1 shall be submitted by the applicant to the Fund as part of the application for amendment by 15 May of the relevant calendar year at the latest, together with the single application.
(3) Where the applicant demonstrates that there has been a reduction in the allocated area during the period of implementation of the multiannual conditions on the basis of:
(a) restitution or property settlement with churches and religious society4),
(b) land modification (5);
(c) the establishment of a public utility building (6); or
(d) force majeure or exceptional circumstances;
The Fund shall provide the applicant with a subsidy for the calendar year in which the declared area has been reduced taking into account the reduced area. In subsequent years, the Fund shall grant a subsidy corresponding to a reduced size.
(4) Where, during the period of implementation of the multiannual conditions, the applicant has a reduction in the declared area on the basis of factors other than those referred to in paragraph 3, the Fund shall, mutatis mutandis, in accordance with paragraph 3, decide at the same time to refund the subsidy granted for the area for which the original area has been reduced.
(5) The Fund will decide, on the basis of a request for a change in classification, to change the classification taking into account the reduction of the allocated area of agricultural land with a type of agricultural culture of standard arable land, grassland or permanent grassland. The procedure for the application for amendment of the classification which has been submitted after the time limits referred to in paragraph 2 shall be terminated by the Fund. The time limits referred to in paragraph 2 shall not apply to the notification of force majeure.
(6) Where the land use register has reduced by all the area allocated or where all the land use register area included no longer complies with the conditions laid down for the period of implementation of the multiannual conditions, without the applicant having submitted an application for a change of classification in the relevant calendar year under paragraph 2, the Fund shall decide on the exclusion of the applicant. This is without prejudice to the obligation to repay the subsidy provided.
(7) A reduction in the area of up to 0,05 ha of the soil block shall not be considered as a reduction of the area included.
(8) During the period of the period of implementation of the multiannual conditions, an additional area may not be added to the area already included. A new area with an agroforestry system must be re-declared in accordance with Section 5, an application for a subsidy for the establishment of an agroforestry system under Section 6 and a request for classification under Section 7. The implementation of the multiannual conditions shall be assessed separately for the newly classified area of the soil block part. An increase in the surface block part size of 0,1 ha is not considered to be the inclusion of an additional area.
Application for a subsidy for the care of the agroforestry system
(1) An application for a subsidy for the care of the agro-forestry system shall be submitted by the applicant to the Fund for the relevant calendar year by 15 May of the relevant calendar year under the single application to be submitted annually starting from the year following the year of establishment of the agro-forestry system.
(2) An application for a grant for the calendar year in question may be submitted for a proportion of the land block with a type of agricultural culture
(a) standard arable land;
(b) grassland; or
(c) permanent grassland;
on which the agroforestry system was established, the conditions set out in Sections 6 (1) and 7 (1) have been met and are also maintained at the time of the application for a subsidy in the land use register.
(3) The application for a grant for the calendar year concerned shall include:
(a) geospatial information defining the area on which the multiannual conditions are met and the title referred to in Article 3 (1) (b) (1) or (2); in the case of a type of agricultural culture, the standard arable land or grassland of the plot of the forest protection belt; and
(b) an indication of the area of the individual parts of the soil blocks referred to in (a) kept in the land use register for the applicant.
Conditions for granting the subsidy
(1) The fund will provide subsidies for the establishment of the agroforestry system where the agroforestry system has been based on an area of at least 0,5 hectares of agricultural land.
(2) The Fund will provide subsidies for the establishment of the agroforestry system for the part of the soil block on which the land use register keeps the type of agricultural culture
(a) standard arable land;
(b) grassland; or
(c) permanent grassland.
(3) The grant fund for the establishment of the agro-forestry system, provided that the applicant:
(a) has carried out the planting of each species of forest and fruit trees as listed in Annex 3 to this Regulation;
1. for a total of 100 units of viable individuals per hectare of soil block,
2. with a minimum height of 120 cm above ground; and
3. Without using on one part of the soil block the bird crane, the oscerus crane, the chestnut tree, the black walnut, the bird cherry as a fruit and at the same time as the forest wood and the pear seal and the pear,
(b) in the case of planting:
1. use more than 50% of forest species; and
2. none of the wood species used has been represented by more than 40%;
(c) on the part of the soil block with the agricultural culture standard arable land or grassland planted with timber
1. in line planting;
2. in the wood protection belt; and
3. with a length of not less than 10 metres and not more than 100 metres,
(d) on the part of the soil block, the permanent grassland has been planted in line planting or scattered planting; and
(e) manage all agricultural land managed by it in accordance with the cross-compliance rules laid down in the Government Regulation governing cross-compliance rules for farmers.
(4) In the case of a part of a soil block which is integrated into an ecologically significant element pursuant to Article 5 (2) of the Government Regulation governing the details of the land use register according to user relations, the wood is not included in the total number of trees referred to in paragraph 3 (a) (1) and the area of the ecologically significant element is deducted from the area of agricultural land for the establishment of the agroforestry system referred to in paragraph 1 for the purpose of calculating the number of trees. The total number of trees referred to in paragraph 3 (a) (1) shall not include the shrubs listed in Annex 1 to this Regulation.
(5) In the case where there are timber on the part of the soil block referred to in Article 6 (2), the total number of trees referred to in paragraph 3 (a) (1) shall be reduced by the number of trees.
(6) The Fund will provide full grant for the establishment of the agroforestry system if the number of viable individuals does not fall below 90 head per hectare in the period from the date of application for the grant of the agroforestry system until 14 May of the following calendar year after the year of establishment of the agroforestry system.
(7) The Fund will grant a subsidy for the establishment of an agroforestry system at the most on the agricultural land area declared by the applicant in the declaration provided for in Article 5.
(8) The fund will provide full funding for the care of the agroforestry system for the part of the soil block classified for the grant of the subsidy for the care of the agroforestry system if:
(a) during the period from 15 May of the calendar year following the year of establishment of the agroforestry system until the end of the fifth year following the year of establishment of the agroforestry system, the number of viable individuals shall not fall below 75% of the total number of trees referred to in paragraph 3 (a) (1), reduced where appropriate in accordance with paragraph 5;
(b) on the part of the soil block
1. more than 50% of forest species are found; and
2. none of the wood species used has been represented by more than 40%;
(c) in the case of planted timber, protection against damage caused by grazing animals or wild game shall be ensured and a cut of fruit trees shall be made each year;
(d) on the part of the soil block with agricultural culture standard arable land or grassland
1. there is a protective belt of wood; and
2. the belt spacing shall be at least 10 metres and not more than 100 metres;
(e) there is no species listed in Annex 2 to this Regulation on the soil block part during the period of implementation of the multiannual conditions; and
(f) mechanical maintenance, including or mulching shall be carried out on the belt by 31 October at the latest.
(9) On the part of the soil block with agricultural culture the permanent grassland may be no more than 1 planting of wood in the group.
(10) During the period of implementation of the multiannual conditions, the establishment of timber may be carried out, while respecting the conditions for the establishment of the agroforestry system, and the applicant shall keep the documents referred to in paragraphs 6 (4) (b) to (e) and 6 (5) to (7) relating to the establishment of timber.
(11) Subsidy for the establishment of the agroforestry system and for the care of the agroforestry system shall not be granted for the part of the soil block located in the territory of the capital city of Prague.
Grant rate
(1) The subsidy rate is:
(a) the establishment of an agroforestry system of EUR 4 353 / 1 hectare agricultural land with an agroforestry system, or
(b) care for the agroforestry system EUR 754 / 1 hectare of agricultural land with an agroforestry system.
(2) The amount of the subsidy for agro-forestry measures is calculated by the Fund as the product of the area to which the subsidy is granted and by the subsidy rates referred to in paragraph 1 (a) or (b).
(3) In the case of application of the procedure referred to in Article 10 (5), the subsidy rate referred to in paragraph 1 (a) shall be reduced by EUR 44 for each viable person counted in accordance with Article 6 (2).
(4) The Fund will grant a subsidy in the currency of the Czech Republic; the subsidy rate referred to in paragraph 1 shall be converted at the exchange rate published in the last Official Journal of the European Union on 31 December of the calendar year preceding the year for which the subsidy is granted. If the exchange rate is not fixed at that date, the nearest previous exchange rate shall be used.
Reductions or non-grants in the event of non-compliance
In the event of non-compliance with the conditions for the implementation of agroforestry measures, with the exception of those referred to in Section 10 (3) (e), the Fund shall, depending on the specific non-compliance referred to in Sections 13 to 19.
(a) reduce the subsidy at these levels by:
1.3%,
2.5%,
3.10%,
4.15%, or
5.25%,
(b) does not grant a subsidy on a given part of the soil block in the relevant calendar year; or
(c) exclude the part of the soil block and decide to refund the subsidy for the care of the agroforestry system.
3% reduction in subsidy
(1) The Fund will reduce the subsidy calculated in accordance with Paragraph 11 (1) (a) for a given part of the soil block by 3% unless the applicant fulfils the condition set out in:
(a) Paragraph 10 (3) (a) (2) for more than 5% and for less than or equal to 15% of planted timber; or
(b) Paragraph 10 (3) (c) (3).
(2) The Fund will reduce the subsidy calculated in accordance with Article 11 (1) (b) in the relevant calendar year on the part of the soil block in question by 3% if the applicant fails to fulfil the condition set out in Article 10 (8) (c) for more than 5% and for less than or equal to 15% of the wood planted during the course of the multiannual conditions.
5% reduction in subsidy
The Fund shall reduce the subsidy calculated in accordance with Article 11 (1) (b) in the relevant calendar year for the part of the soil block concerned by 5% if the applicant fails to fulfil the condition set out in:
(a) Paragraph 10 (8) (b) (1) and on the part of the soil block, there shall be at least 45% to 50% of forest species;
(b) Paragraph 10 (8) (b) (2) and on the part of the soil block is more than 40% and less than or equal to 60% of wood of the species; or
(c) Paragraph 10 (8) (d) (2).
10% reduction in subsidy
(1) The Fund will reduce the subsidy calculated in accordance with Paragraph 11 (1) (a) for the part of the soil block concerned by 10% if the applicant fails to fulfil the condition set out in:
(a) Article 10 (3) (a) (2) for more than 15% and less than or equal to 30% of planted timber; or
(b) Paragraph 10 (3) (c) (2).
(2) The subsidy calculated in accordance with Article 11 (1) (a) on a given part of the soil block shall be reduced by 10% if the permanent grassland of the crop is planted in a group of more than 600 m2 in the soil block part.
(3) The Fund will reduce the subsidy calculated in accordance with Article 11 (1) (b) in the relevant calendar year for the part of the soil block in question by 10% if the applicant fails to fulfil the condition set out in:
(a) Paragraph 10 (8) (b) (2) and on the part of the soil block is more than 60% and less than or equal to 80% of wood of the species;
(b) Paragraph 10 (8) (c) for more than 15% and less than or equal to 30% of planted timber; or
(c) Paragraph 10 (8) (d) (1).
15% reduction in subsidy
The subsidy calculated in accordance with Article 11 (1) (a) for a given part of the soil block shall be reduced by 15% if the applicant fails to fulfil the condition set out in Article 10 (6) by reducing the number of viable individuals to below 90% and at the same time higher than or equal to 85%.
Reduction of the subsidy by 25%
(1) The fund, calculated in accordance with Paragraph 11 (1) (a), shall reduce the subsidy on the part of the soil block by 25% if the applicant fails to comply with the condition set out in Paragraph 10 (6) by reducing the number of viable individuals to below 85% and at the same time higher or equal to 75%.
(2) The Fund will reduce the subsidy calculated in accordance with Article 11 (1) (b) in the relevant calendar year for a given part of the soil block if the applicant fails to fulfil the condition set out in Article 10 (8) (f) during the period of implementation of the multiannual conditions.
Non-grant
(1) The Fund shall not grant a subsidy for the establishment of an agroforestry system on a given part of the soil block unless the applicant has carried out the planting provided for in Article 10 (3) (a) (1) or (3) or Article 10 (3) (b).
(2) The Fund will not grant the subsidy for the establishment of the agroforestry system on a given part of the soil block unless the applicant fulfils the condition set out in:
(a) Article 10 (3) (a) (2) in respect of more than 30% of planted timber;
(b) Article 10 (3) (c) (1); or
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Regulation Information
| Citation | Government Regulation No. 140 / 2023 Coll., laying down conditions for the implementation of agroforestry measures and amending Government Regulation No. 307 / 2014 Coll., establishing details of land use records according to user relations, as amended, and Government Regulation No. 69 / 2023 Coll., laying down conditions for the implementation of measures in the wine sector (Government Regulation on the conditions for the implementation of agroforestry measures) |
|---|---|
| Regulation Type | Regulation |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 31.05.2023 |
|---|---|
| Effective from | 01.06.2023 |
| Effective until | - |
| Status | Valid |
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