Decree No. 240 / 2021 Coll.
Decree on the protection of agricultural land against erosion
Valid
Order
Effective from 01.07.2021
240
DECLARATION
of 17 June 2021
on the protection of agricultural land against erosion
The Ministry of the Environment provides pursuant to § 22 paragraph 1 (a) and (d) of Act No. 334 / 1992 Coll., on the Protection of the Agricultural Soil Fund, as amended by Act No. 41 / 2015 Coll.:
Subject matter
(1) This decree sets out land not suitable for the conversion of permanent grassland into arable land in terms of their physical or biological characteristics and their erosion threat to water erosion, as well as the way in which the erosion threat to the soil of aquatic erosion is assessed, the degree of erosion posed by water erosion and measures to reduce it.
(2) This decree shall not apply to the evaluation of erosion threats on land on which permanent culture is established and cultivated pursuant to Regulation (EU) No 1307 / 20131 of the European Parliament and of the Council), registered under the legislation setting out the details of land use records according to user relations (2), or on which vegetable species, strawberry, medicinal, aromatic or root plants are grown.
Definition of terms
For the purposes of this decree:
(a) monitoring of the erosion of agricultural land by an electronic application for reporting, recording and evaluating individual erosion events, defining individual erosion-closed units and areas under consideration;
(b) the area under assessment of agricultural land subject to an evaluation of the erosion threat to agricultural land as defined in the monitoring of the erosion of agricultural land on the basis of a repeated erosion event as a breakthrough
1. an erosion-closed whole with the work of the soil block of culture standard arable soils (2), eels (2) or grassland (2), where the agricultural land is registered in the land register under the FarmingAct (3); or
2. an eroded whole with agricultural land managed with a type of arable land, where land is not registered in the land register under the FarmingAct (3);
(c) an eroded, relatively continuous territory of agricultural land within which a locally closed erosion process takes place, bounded by a distribution line to which surface effluent is generated, and a threshold where surface effluent is interrupted;
(d) the erosion process of release, transport and storage of transported land;
(e) the erosion event, in time and in space defined by the event in which the collision occurs, the erosion process, recorded in the monitoring of the erosion of agricultural land;
(f) a repeated erosion event of an erosion event repeatedly recorded in the monitoring of the erosion of agricultural land within a single erosion-closed unit, not a recording within the same sowing;
(g) an anti-erosion calculator electronic application to assess the erosion threat to agricultural land;
(h) the farmer is the owner or any other person authorised to use the area under consideration;
(i) the area of one crop, a continuous area sown or planted with a particular crop under Regulation (EU) No 1307 / 20134 of the European Parliament and of the Council.
Soils not suitable for changing permanent grassland to arable land
Soils not suitable for changing permanent grassland to arable land are
(a) land situated on areas where below the permitted levels of erosion risk cannot be achieved by means of the measures referred to in Article 7 (1) (a) and (b); the procedure referred to in Article 5 shall apply for the evaluation of erosion threats to identify land not suitable for changing permanent grassland to arable land;
(b) soil with a soil depth of up to 30 cm;
(c) land on which technical measures are proposed or implemented to reduce erosion risks referred to in Article 7 (1) (c);
(d) land on which an organisational measure is proposed or implemented in the form of a protective grubbing-up of the land referred to in Article 7 (1) (a).
Allowed erosion risk
The permissible level of erosion risk is due to the permissible loss of agricultural land caused by water erosion in relation to the depth of the soil expressed in tonnes per 1 ha per year and is set out in Annex 1 to this Decree.
Method of evaluation of erosion threats
(1) The assessment of the erosion threat to agricultural land consists of the calculation in an anti-erosion calculator in order to determine the erosion threat rate of the area under consideration in accordance with the procedure set out in Annex 2 to this Decree.
(2) In assessing the erosion threat to the areas under consideration, the authorities of the Agricultural Soil Fund are based on data on repeated erosion events recorded in the monitoring of the erosion of agricultural land.
(3) The agricultural operator may notify the protection authority of the agricultural land fund of a change in the facts which may affect the definition of the area under consideration and the way in which the erosion threat to the area under consideration is assessed.
(4) Where the protection authority of the agricultural land fund finds that there have been changes in the parameters of the area under assessment which affect the evaluation of the erosion threat and the calculation carried out in the counter-erosion calculator, it shall revise the definition of the area under consideration and inform the agricultural operator accordingly.
Plan of measures to reduce erosion threats
(1) The plan of measures to reduce the erosion threat to agricultural land (hereinafter referred to as "the plan of measures") contains measures to reduce erosion risk in order to avoid exceeding the permissible erosion threat rate of the area under consideration. The plan of measures shall serve for the purpose of assessing erosion threats and the selection of appropriate measures to reduce erosion threats pursuant to Article 7 (1) (a) and (b).
(2) The plan of action is drawn up by means of an anti-erosion calculator for a minimum period of 5 years and always includes the area under assessment. The plan of measures may include additional areas of agricultural land, provided that it does not exceed five times the area of one crop for which the erosion event in the monitoring of the erosion of agricultural land has occurred.
(3) Where an agricultural operator operates under a plan of measures, it shall be considered that there is no excess of the permissible erosion risk.
Measures to reduce erosion threats
(1) As measures to reduce erosion threats, provision shall be made for:
(a) the organisational measures which are:
1. appropriate location of cultivated crops, including protective grubbing;
2. belt crop rotation,
(b) agri-technical measures, in particular:
1. peer cultivation,
2. protective cultivation, which means farming, in which at least 30% of the crop residues are kept on the soil surface at the time of growing crops, and which consists of reducing the number of cultivation and restocking operations, where ploughing is omitted and the crops are sown either directly into the conditioned soil or instead of the ploughing, only by persimmons; in the case of non-fouled processing of stony areas, plant residues are only partially treated into the soil, mulch is formed on the surface,
3. undermining,
4. peeling or piling,
(c) technical measures:
1. moats,
2.
3. grassy valleys with stabilised path of concentrated effluent,
4. field paths with anti-erosion function,
5. protective barriers,
6. protective tanks,
7. field adjustment,
8. terraces,
9. anti-erosion limits; or
10th rendering of erosion potholes.
(2) Where the permissible level of erosion hazard cannot be achieved on the area under consideration by measures to reduce erosion hazards referred to in points (a) and (b) of paragraph 1 and protective grounding is applied on the area under consideration, it shall be considered that the permissible level of erosion threat is not exceeded.
Efficacy
This Decision shall enter into force on 1 July 2021.
Minister:
Mgr. Brabec v. r.
Příloha č. 1
Annex No 1 to Decree No 240 / 2021 Coll.
Allowed erosion risk
| Charakteristika kategorie | Hloubka půdy | Hodnota 5. číslice kódu BPEJ (sdruženého kódu skeletovitosti a hloubky půdy) | Přípustná míra erozního ohrožení (t.ha-1.rok-1) |
|---|---|---|---|
| půda hluboká | > 60 cm | 0, 2, 3, | 9,0 |
| půda středně hluboká | 30 - 60 cm | 1, 4, 7* | 9,0 |
| půda mělká | < 30 cm | 5, 6, 8*, 9* | 2,0 |
* Applies only to soil with a inclination > 12 degrees, i.e. HPJ 40, 41. For soils with code 8 and 9, the soil depth in the guaranteed layer in the calculation of erosion is set as shallow on the precautionary principle. The detailed characteristics of BPEJ and HPJ are set out in Decree No. 227 / 2018 Coll., on the characteristics of the Bonized Soil Organic Units and the procedure for their management and updating.
Příloha č. 2
Annex No 2 to Decree No 240 / 2021 Coll.
Evaluation of erosion threats on the area under assessment
The calculation of the threat to agricultural soils of water erosion and the evaluation of the effectiveness of the proposed anti-erosion measures is based on the Universal Soil Loss Equation, which is shaped
G = R · K · L · S · C · P
The excess of the erosion threat rate is expressed in the erosion threat to agricultural land at which the permissible loss of soil by erosion is exceeded. For the purposes of the Decree, this is a condition where the maximum permissible product of the values of the plant protection factor and the anti-erosion factor is exceeded in the counter-erosion calculator on the assessed area. For the purposes of the decree, it shall be expressed in the form of:
C. P > Cp.
The non-compliance with the erosion risk is expressed in a relationship that expresses an erosion threat to agricultural land at which the permissible loss of soil by erosion is not exceeded. For the purpose of the decree, this is a condition where, in the counter-erosion calculator, the maximum permissible value of the plant protection factor and the anti-erosion factor is not exceeded on the assessed area.
C. P ≤ Cp. Pp,
the value of the product Cp. Pp represents the product of the values of the plant protection factor and the anti-erosion factor exceeding which the permissible erosion loss is exceeded. The anti-erosion calculator defines it based on the relationship
Cp. Pp = Gp / (R. K. L. S),
where the quantities used in the samples are
G = average long-term land loss of erosion (t.ha-1.rok-1)
Gp = permissible soil loss of erosion (t.ha-1.rok-1) relative to soil depth, defined as the maximum soil erosion size which allows long-term and economically available maintenance of sufficient soil fertility,
R = rain erosion efficiency factor, expressed in relation to kinetic energy and the intensity of erosion of hazardous rains (MJ.ha-1.cm.h-1.rok-1),
K = soil erodibility factor, expressed according to texture and structure of the ornice, organic matter content and permeability of soil profile (t.h.MJ-1.cm-1),
L = slope length factor, expressing the effect of uninterrupted slope length on the size of soil loss by erosion (unsightly - skid-to-skid ratio on unit plot length 22,13 m),
S = slope slope factor expressing the slope slope effect on the soil loss of erosion (dimensionless - skid-to-skid ratio on the unit slope 9%),
C * = vegetation conservation factor expressed in relation to the development of vegetation and agrotechnics used,
P = efficiency factor for anti-erosion measures,
Cp. Pp = permissible product of the plant protection factor and the effectiveness of anti-erosion measures due to the permissible erosion risk.
The values of the quantities used in the samples shall be determined for the area under consideration by means of an anti-erosion calculator. The factors (variables) Gp, K, L, S, C and P are determined newly in the calculation of erosion every year, always on 1 July, the factor (variable) R is determined newly every fourth year, always on 1 July, with the starting year being 2021.
The product of the quantities Cp and Pp is equal to 0 to 1, with
1. if a continuous area of more than 2 ha with Cp values is located on the area under consideration. Pp equal to or less than 0,1, the median value * * of the measured area shall be assigned to a continuous area (or more continuous areas) greater than 2 ha with Cp values. Pp equal to or less than 0,1 if less than the median value of * *) of the area under assessment; or
2. if a continuous area of more than 2 ha with Cp values is situated on the area under consideration. Pp equal to or less than 0,4, the median value * * of the measured area shall be assigned to a continuous area (or more continuous areas) greater than 2 ha with Cp values. Pp equal to or less than 0,4 if less than the median value of * *) of the area considered.
If there is no continuous area on the area under assessment in accordance with point 1 or point 2, the median value of the area under assessment shall be assigned to the area under assessment.
Explanatory note:
*) Factor C is based on the rotational procedure for the 5-year period in which erosion hazards are assessed; the minimum evaluation period of one crop shall be the period from the date of the presiding of the crop to the date of the last basic crop processing operation to the subsequent crop, leaving out this last working operation until the date of sowing of the subsequent crop - in the case of the use of combined agri-technical land processing systems with the least favourable value of all combined crops.
* *) The median value is detectable for the area under consideration in the calculation of erosion.
1) Article 4 (1) (g) of Regulation (EU) No 1307 / 2013 of the European Parliament and of the Council of 17 December 2013 laying down rules for direct payments to farmers under support schemes under the common agricultural policy and repealing Council Regulation (EC) No 637 / 2008 and Council Regulation (EC) No 73 / 2009, as amended.
2) Decree of the Government No. 307 / 2014 Coll., on establishing details of land use records according to user relations, as amended.
3) Act No. 252 / 1997 Coll., on Agriculture, as amended.
(4) Article 44 (4) of Regulation (EU) No 1307 / 2013 of the European Parliament and of the Council of 17 December 2013 laying down rules for direct payments to farmers under support schemes under the common agricultural policy and repealing Council Regulation (EC) No 637 / 2008 and Council Regulation (EC) No 73 / 2009, as amended.
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Regulation Information
| Citation | Decree No. 240 / 2021 Coll., on the protection of agricultural land against erosion |
|---|---|
| Regulation Type | Order |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 23.06.2021 |
|---|---|
| Effective from | 01.07.2021 |
| Effective until | - |
| Status | Valid |
Legal Areas:
Land, Land
Administrative law
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