Government Decree No. 239 / 2007 Coll.
Government regulation on the conditions for granting subsidies for afforestation of agricultural land
Valid
Regulation
Effective from 01.10.2007
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239
GOVERNMENT REGULATION
of 29 August 2007
laying down the conditions for granting subsidies for afforestation of agricultural land
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.:
Subject matter
(1) This Regulation (1) regulates, following the directly applicable rules of the European Communities (2) (hereinafter referred to as the "Regulation of the European Communities") the detailed conditions for granting aid for afforestation of agricultural land.
(2) The subsidies referred to in paragraph 1 shall be granted for the setting-up of forest land by planting on land registered in the register of use of agricultural land according to the user reference (3) (hereinafter referred to as "land register ') on applicants and the subsequent care of the forest crop thus created.
Subsidy for afforestation of agricultural land
(1) The afforestation of agricultural land may be granted:
(a) subsidies for the establishment of forest land (hereinafter referred to as "forest subsidies"),
(b) subsidies for forest management for a period of 5 calendar years, starting from the year following that in which afforestation was carried out, hereinafter referred to as "forest management subsidies,"
(c) the refund for the cessation of agricultural production on the wooded land for a period of 15 calendar years, starting from the year following that in which afforestation was carried out (hereinafter referred to as "the refund for the cessation of agricultural production").
(2) The subsidy for forest management shall be granted at the most at an area for which the afforestation subsidy has been granted, unless otherwise provided for in this Regulation.
(3) Compensation for the cessation of agricultural production shall be granted:
(a) not more than the area to which the afforestation subsidy has been granted, unless otherwise provided for in this Regulation;
(b) if the land has been registered in the land register for at least 12 months prior to the date of application for the afforestation subsidy.
(4) Subsidy for afforestation of agricultural land shall be granted to the applicant who:
(a) owner of the land for afforestation;
(b) an association of landowners for afforestation, if it is an association with legal personality,
(c) co-owner of the land for afforestation, subject to the written agreement of the co-owners of most of the co-ownership holdings (4);
(d) the lessee of the land intended for afforestation, subject to the written consent of the owner or, where applicable, the co-owners of the majority of the co-ownership holdings (4) for the use of the land for afforestation, and provided that the lease contract allows compliance with the conditions for granting the grant referred to in Article 6 (1) (a); or
(e) an association of lessee of land for afforestation, if it is an association with legal personality, subject to the written consent of the owners or, where appropriate, the co-owners of most of the co-ownership holdings (4) to use land for afforestation, and provided that the lease contracts allow compliance with the conditions for granting the subsidy provided for in Article 6 (1) (a).
(5) Subsidy for forest management and compensation for the cessation of agricultural production shall not be granted to a State enterprise, a municipality, an association of municipalities, a county, an association of municipalities and counties, a State and the organisations and public research institutions established by them. Subsidies for forest management and compensation for the cessation of agricultural production shall also not be granted to a legal person in which the persons listed in the sentence first have at least 50% participation in property.
(6) The afforestation subsidy, the forest management subsidy and the compensation for the cessation of agricultural production cannot be granted on land situated in the territory of the capital of Prahy5).
(7) A subsidy for afforestation may not be granted for part of the soil block (6) or part of a part of the soil block registered in the land register for which the procedure under Article 3g (4) of the Act has been applied.
Application for aid for afforestation
(1) The application to grant the afforestation subsidy for the calendar year in question shall be submitted by the applicant to the State Agricultural Intervention Fund (hereinafter referred to as the Fund) on the form issued by the Fund following the afforestation, no later than 30 November of the relevant calendar year in which the land was afforested; requests received after that date shall not be taken into account.
(2) An integral part of the application for afforestation subsidy is:
(a) a list of wooded parcels, their designation in the real estate register and land block affiliation (6), or part thereof, where appropriate, including the type of culture in the land register before afforestation and the area, type and number of trees;
(b) an extract from the land register for wooded land which is not more than 3 months old;
(c) the written consent of the owner or, where applicable, the co-owners of most of the co-ownership holdings (4) of the land afforestation, if the applicant is subject to § 2 (4) (c), (d) or (e);
(d) an officially certified copy of the lease contract allowing compliance with the condition laid down in Article 6 (1) (a) if the applicant is subject to Article 2 (4) (d) or (e);
(e) the decision of the State Administration of the Forestry Authority on the declaration of forest land for the land intended to fulfil the forest functions under special legislation (7); the period elapsed from the date on which the decision on the date of afforestation became final shall not be longer than the period laid down for afforestation under the special legislation (7);
(f) the expression of the local land office in those cases where the afforested land is already registered as forest land by decision of the Land Office in the land modification proceedings; the document referred to in this point shall replace the document referred to in points (e), (k) and (l); the period which shall elapse from the date on which the decision becomes final at the date of afforestation shall not exceed 24 months;
(g) the afforestation project, the details of which are set out in Annex 1 to this Regulation;
(h) confirmation by the forest operator that the afforestation project has been processed in accordance with the statement of the Forest Economic Adjustment Institute on the typology of afforestation and afforestation in accordance with the afforestation project;
(i) proof of origin of forest reproductive material8);
(j) a sketch of the relevant soil blocks (6), or parts thereof on the soil block map of the 1: 10 000 scale, indicating the location of each species of wood and the location of fences, if any;
(k) a copy of the notification of a change in the type of land on the forest land certified by the competent cadastral office in accordance with the special legislature9),
(l) a decision to change the use of the territory under a special legislation (10).
(3) The application referred to in paragraph 1 may not be submitted to the Fund for a period beginning in 2014 and thereafter.
Application for aid for forest management and application for compensation for the cessation of agricultural production
(1) The application for aid for forest management shall be submitted annually by the applicant to the Fund on the form issued by him for the calendar year in question, starting from the year following the year of afforestation, by 15 May of the calendar year in question.
(2) The application for a refund for the cessation of agricultural production shall be submitted annually by the applicant to the Fund on the form issued by him for the calendar year in question, starting from the year following the year of afforestation, by 15 May of the calendar year in question. If the applicant was in afforestation with agricultural enterprises12), the application shall be accompanied by a certificate of registration in the first year in which he applies for compensation for the cessation of agricultural production.
(3) If the application is received after the period referred to in paragraph 1 or 2, the payment shall be reduced or the application rejected under the conditions laid down in the European Communities Regulation (13).
(4) At the same time as the application referred to in paragraph 1 or 2 is received, the applicant shall deliver a single application form indicating all the area in accordance with the provisions of the European Community13).
(5) Any amendment to the application for a refund for the cessation of agricultural production under the conditions laid down in the directly applicable European Union34) shall be transmitted by the applicant to the Fund by 31 May of the relevant calendar year using the form issued by the Fund.
Amount of the afforestation subsidy, forest management subsidies and compensation for the cessation of agricultural production
(1) Rate
(a) subsidies for afforestation
1. Deciduous timber shall be EUR 2 590 per hectare; in less favourable areas (14) EUR 2 961 per hectare;
2. coniferous trees shall be EUR 1 954 per hectare; less favourable areas (14) EUR 2 233 per hectare;
(b) subsidies for forest management shall be EUR 437 per hectare per calendar year;
(c) the compensation for the cessation of agricultural production of land which was, prior to its afforestation by grassland or other crops according to the land register, EUR 149 per hectare per calendar year;
(d) compensation for the cessation of agricultural production of land which, prior to its afforestation with arable land, hops, vineyards, fruit orchards, nurseries or vegetable gardens according to the land register, was for applicants who, at the time of afforestation:
1. has been an agricultural business12), amounting to EUR 294 per hectare per calendar year;
2. was not an agricultural enterprises12), totalling EUR 149 per hectare per calendar year.
(2) Where more than 50% of the area of the wooded soil block (6) or part thereof is located in less favourable areas (14), the rate for the afforestation subsidy for these areas referred to in paragraph 1 shall apply.
(3) The amount of the afforestation subsidy, the forest management subsidy and the compensation for the cessation of agricultural production shall be calculated by the Fund as the product of the area to which the subsidy is granted and the rates referred to in paragraph 1.
(4) The area to which the afforestation subsidy is granted shall not be deducted from the unplanted areas up to and including 4 metres in width, mainly serving as partitioning points or non-reinforced forest cesty7).
(5) If, in the relevant calendar year, the afforested land is declared by the applicant in a single application as an area used in the ecological interest pursuant to Article 16 (2) of Decree-Law No 50 / 2015 Coll., laying down certain conditions for the granting of direct payments to farmers and amending certain related government regulations, the compensation for the cessation of agricultural production referred to in paragraph 1 (c) and (d) shall not be granted for the area of afforestation reserved as an area used in the organic interest.
(6) The Fund will grant a subsidy in the currency of the Czech Republic; the rate of subsidy referred to in paragraph 1 shall be recalculated according to the exchange rate published in the first Official Journal of the European Union, issued in the calendar year for which the payment is made, which shall be as close to the date of the beginning of that calendar year.
Conditions for granting the afforestation subsidy, forest management subsidies and compensation for the cessation of agricultural production
(1) The afforestation subsidy, the forest management subsidy and the compensation for the cessation of agricultural production may be granted if, before afforestation, the applicant's land has been registered in the land register, is part of the soil block (6) or part thereof, and is part of a continuously afforested area of at least 0,5 hectares, unless it is linked to an existing land designated under the Forest Code (7), to fulfil the forest functions; This condition shall be deemed to be fulfilled even if the obstacle to the connection or connection of the parcel is not more than 4 metres wide. Another condition is the undertaking of the applicant
(a) comply with the afforestation area for which the Fund grants the subsidy referred to in Article 2 (1) (a) for a period of 15 calendar years starting from the year following the year of afforestation;
(b) ensure that in the period from 15 May of the calendar year following the year of afforestation until the end of the fifth year following the year of afforestation, the crops show characteristics of care and protection for them, i.e. a condition where trees are not significantly damaged, show continuous height growth, are spread evenly across the area individually or group, and the number of viable individuals does not fall in the period from 15 May of the calendar year following the year of afforestation to the end of the fifth year after afforestation below 80% of the minimum number laid down by the special legislation15);
(c) comply with the cross-compliance rules laid down in the Government Regulation governing cross-compliance rules for farmers throughout the calendar year on all soil blocks (6) or their works registered in the soil register on the applicant.
(2) In addition to the conditions laid down in paragraph 1, the following additional conditions shall be met for the grant of the afforestation subsidy:
(a) the areas of coniferous or deciduous trees referred to in the application for a afforestation subsidy are planted on the land in accordance with the afforestation project submitted;
(b) the applicant has declared a change of culture in the land register following the afforestation;
(c) the number of viable individuals spread evenly across the area shall not fall below 90% of the minimum number of individuals per species per hectare of land from the date of receipt of the application for aid for afforestation by 14 May of the calendar year following the calendar year in which afforestation was carried out, if it is for the renewal of the forest and afforestation, provided for in the Decree governing details of the transfer of seeds and forest seedlings, the registration of the origin of the reproductive material and the details of the recovery of forest crops and the afforestation declared as land for the fulfilment of the forest functions (15).
(3) The composition of timber shall not be taken into account when granting the refund for the cessation of agricultural production.
Reductions or non-grants for afforestation, forest management and compensation for the cessation of agricultural production
(1) If the Fund finds that the area of coniferous or deciduous timber referred to in the application for a afforestation subsidy is greater than the area determined, it will grant the afforestation subsidy by deciduous or coniferous timber only to the area determined, provided that the difference does not exceed 30%. If the difference is more than 30% of the area determined, the Fund shall not grant a subsidy for afforestation with leafy or coniferous timber.
(2) If the Fund finds a breach of the condition referred to in Article 6 (2) (c), the number of viable individuals equally spread across the area has decreased
(a) below 90% to 80%, the afforestation subsidy shall be reduced by 5%;
(b) below 80% to 70%, the afforestation subsidy shall be reduced by 10%,
(c) below 70%, it shall not grant a subsidy for afforestation.
(3) If the breach of the condition referred to in Article 6 (2) (c) is caused by the action of biotic or abiotic agents without the fault of the applicant, the applicant shall, without undue delay, carry out the afforestation in accordance with the afforestation project ensuring that the conditions laid down are met and notify the Fund on its form. the procedure referred to in paragraph 2 shall not apply.
(4) If the Fund finds a breach of the condition laid down in Article 6 (1) (b) for granting aid for forest management and compensation for the cessation of agricultural production, the number of viable individuals spread evenly across the area has decreased
(a) below 80% to 70%, the forest management subsidy and the compensation for the cessation of agricultural production shall be reduced by 10%;
(b) below 70% to 60%, the forest management subsidy and the compensation for the cessation of agricultural production shall be reduced by 20%;
(c) under 60%, the forest management subsidy and the compensation for the cessation of agricultural production shall not be granted.
(5) If the Fund finds that the applicant has infringed the condition set out in Paragraph 6 (2) (b), the Fund shall reduce the afforestation subsidy by 3%.
(6) If the Fund finds that the applicant has not declared all the area in accordance with the rules of the European Communities (13) in the single application form and the difference between the total area in the single application form and the total total area in the single application form and the single application form is:
(a) more than 3% but less than or equal to 4% of the area covered by the single application, reduce the payment by 1% 13),
(b) higher than 4% but less than or equal to 5% of the area covered by the single application, reduced the payment by 2% 13),
(c) higher than 5% of the area covered by the single application, reduced the payment by 3% 13).
Repayment of the afforestation subsidy, forest management subsidies and compensation for the cessation of agricultural production
(1) If the Fund finds that the applicant has infringed the condition set out in Article 6 (1) (a), it shall decide on the reimbursement of the aid granted for afforestation, forest management subsidies and compensation for the cessation of agricultural production at an area for which the applicant has violated the condition.
(2) If the Fund finds that the applicant has infringed the condition set out in Article 6 (1) (b), the number of viable individuals spread evenly across the area has decreased
(a) below 80% to 70%, the applicant is obliged to repay the granted afforestation subsidy of 5%;
(b) below 70% to 60%, the applicant is obliged to repay the granted afforestation subsidy of 10%;
(c) below 60%, the applicant is obliged to repay the granted afforestation subsidy of 30%.
(3) Paragraph 1 on the reimbursement of the subsidy shall not apply if the applicant is in breach of the condition set out in Paragraph 6 (1) (a) as a result of:
(a) restitution or property settlement with churches and religious societies 18),
(b) the implementation of land modification 19); or
(c) the establishment of a building in the public interest 20).
(4) If the applicant fails to comply with the condition laid down in Article 6 (1) (a) in the case provided for in the European Community Regulation (21), in particular as a result of the cessation of the agricultural activity of a natural person or the disappearance of a legal person without liquidation22) or as a result of the transfer, rental or sale of a part or a whole of the enterprise (23), the provisions on the reimbursement of the subsidy provided for in paragraph 1 shall not apply if the legal successor of the deceased or the acquirer of the undertaking or the new landowner previously managed by the applicant undertakes in writing to continue to fulfil the conditions on the land concerned.
Common provision
If the conditions laid down in this Regulation have not been complied with as a result of an intervention of a higher power (25), the provisions of Sections 7 and 8 shall not apply.
Rounding
The Fund shall apply mathematical rounding to 2 decimal places when calculating the figures under this Regulation.
Time limits for submission of applications for a refund for the cessation of agricultural production in 2020
(1) For 2020, the application for a refund for the cessation of agricultural production referred to in Article 4 (2) may be submitted to the Fund by 15 June 2020.
(2) Where, for 2020, an application for a refund for the cessation of agricultural production is received after the period referred to in paragraph 1, Paragraph 4 (3) shall apply mutatis mutandis.
Transitional provision
(1) The submission of a declaration of agricultural management on the form issued by the Fund shall also be deemed to comply with the conditions for granting the refund for the cessation of agricultural production referred to in Article 2 (3) (b) within 12 months of the date of entry into force of this Regulation.
(2) For 2015, the application for a forest management subsidy pursuant to Article 4 (1) may be submitted to the Fund by 29 May 2015.
(3) For 2015, the application for a refund for the cessation of agricultural production referred to in Article 4 (2) may be submitted to the Fund by 29 May 2015.
(4) If, for 2015, an application for aid for forest management or an application for compensation for the cessation of agricultural production is received after the period referred to in paragraph 2 or 3, Paragraph 4 (3) shall apply mutatis mutandis.
Efficacy
This Regulation shall enter into force on 1 October 2007.
Prime Minister:
Ing. Topolánek v. r.
Minister for Agriculture:
Mgr. Gandalovich v. r.
Příloha č. 1
Annex No. 1 to Government Decree No. 239 / 2007 Coll.
Forms of the afforestation project
A. Compulsory information in the afforestation project
I. Identification of the applicant:
(a) if he is a natural person
1. the name or, where applicable, the name, surname, title or name or business name,
2. date of birth,
3. identification number, if assigned,
4. the address of the place of permanent residence - street, descriptive number, indicative number, postal code, municipality (urban part, part of municipality),
5. telephone, fax or e-mail,
(b) if he is a legal person
1. business name or name of legal entity;
2. identification number,
3. seat of legal person - street, descriptive number, indicative number, postal code, municipality (urban part, part of municipality),
4. telephone, fax or e-mail,
5. Statutory body of a legal person, name, surname, title, if any.
II. Identification of the forestation project processor:
(a) if he is a natural person
1. the name or, where applicable, the name, surname, title or name or business name,
2. the address of the place of permanent residence - street, descriptive number, indicative number, postal code, village (urban part, part of village),
3. telephone, fax or e-mail,
(b) if he is a legal person
1. business name or name of legal entity;
2. identification number,
3. seat of legal person - street, descriptive number, indicative number, postal code, municipality (urban part, part of municipality),
4. telephone, fax or e-mail,
5. Statutory body of a legal person, name, surname, title, if any.
III. Identification of wooded land:
(a) inventory of parcels according to the register of real estate
1. code and name of the cadastral territory;
2. the customs number,
3. type of land code,
4. area in hectares to four decimal places;
5. sum of afforestation areas in hectares to four decimal places;
(b) soil block identification (6), or parts thereof (soil block / part code),
(c) the classification of land in sets of forest types and target economic files, as expressed by the Institute for the Economic Adjustment of Forestry on the typological classification of wooded land;
(d) the number and area of each type of timber on each parcel in pieces and in hectares and the area of coniferous and leafy trees in total, while respecting the minimum proportion of the meliorative and strengthening trees, with the determination of the basic trees and their proportion (26);
(e) the type, quality, method of cultivation and origin of planting material corresponding to the transfer principles (27);
(f) copies of the cadastral map, including parts of the surrounding parcels, in which modifications may not be made by the applicant; in the case of afforestation of agricultural parcels of less than 0,5000 ha, part of the plot of land adjacent to the forest shall be part of the map;
(g) a copy of the cadastral map, including parts of the surrounding parcels, indicating the location of the individual trees and the location of the fences, if any.
B. Additional data in the afforestation project
I. Method of soil preparation before afforestation.
II. Planting technology for individual species of wood.
III. The methods and frequency of protection until the crop is secured against roar, game, clickhorn, or other pests.
IV. For fencing of minimum technical parameters, for individual methods of protection, the type and number of pieces, or other activities necessary for the successful development of the established crop (e.g. fertilisation, the extract of unwanted racewood).
1) It is issued for the implementation and within the limits of the law, the content of which allows for an adjustment following the directly applicable regulation of the European Communities by the Government.
2) Council Regulation (EC) No 1698 / 2005 of 20 September 2005 on support for rural development by the European Agricultural Fund for Rural Development (EAFRD). Commission Regulation (EC) No 1974 / 2006 of 15 December 2006 laying down detailed rules for the application of Council Regulation (EC) No 1698 / 2005 on support for rural development by the European Agricultural Fund for Rural Development (EAFRD). Commission Regulation (EC) No 1975 / 2006 of 7 December 2006 laying down detailed rules for the implementation of Council Regulation (EC) No 1698 / 2005 as regards the implementation of control procedures and cross-compliance with regard to rural development support measures. Commission Regulation (EC) No 1320 / 2006 of 5 September 2006 laying down rules for the transition to support for rural development under Council Regulation (EC) No 1698 / 2005. Commission Regulation (EC) No 796 / 2004 of 21 April 2004 laying down detailed rules for the application of cross-compliance, modulation and an integrated administration and control system pursuant to Council Regulation (EC) No 1782 / 2003 establishing common rules for direct support schemes under the common agricultural policy and establishing certain support schemes for farmers.
3) Sections 3a to 3i of Act No. 252 / 1997 Coll., on Agriculture, as amended by Act No. 128 / 2003 Coll. and Act No. 441 / 2005 Coll.
4) Paragraph 139 (2) of the Civil Code.
5) Attachment to Act No. 131 / 2000 Coll., on the Capital City of Prague.
6) Article 3a (3) and (4) of Act No. 252 / 1997 Coll., as amended by Act No. 128 / 2003 Coll.
7) Act No. 289 / 1995 Coll., on Forests and on the amendment and addition of certain laws (Forest Act), as amended.
8) Decree No. 29 / 2004 Coll., implementing Act No. 149 / 2003 Coll., on trade in forest reproductive material.
9) Act No. 344 / 1992 Coll., on the cadastral property of the Czech Republic (cadastral law), as amended.
10) Paragraph 77 (1) (b) of Act No. 183 / 2006 Coll., on Territorial Planning and Construction Regulations (Construction Act).
12) Sections 2e and 2f of Act No. 252 / 1997 Coll., as amended by Act No. 85 / 2004 Coll., Act No. 441 / 2005 Coll., Act No. 409 / 2006 Coll., Act No. 230 / 2006 Coll. and Act No. 267 / 2006 Coll.
13) Article 7 of Commission Regulation (EC) No 1975 / 2006.
14) Government Decree No 75 / 2007 Coll., on the conditions for granting payments for natural handicaps in mountain areas, areas with other handicaps and Natura 2000 areas on agricultural land.
15) Decree No. 139 / 2004 Coll., laying down the details of the transfer of seeds and seedlings of forest trees, the registration of the origin of reproductive material and the details of the restoration of forest areas and the afforestation of land declared as land intended for the performance of forest functions.
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Regulation Information
| Citation | Government Decree No. 239 / 2007 Coll., laying down the conditions for granting subsidies on afforestation of agricultural land |
|---|---|
| Regulation Type | Regulation |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 20.09.2007 |
|---|---|
| Effective from | 01.10.2007 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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