Decree No. 242 / 2004 Coll.
Government Regulation on the conditions for implementing measures to promote the development of non-production functions for agriculture in order to protect environmental compartments (on the implementation of agri-environmental measures)
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Regulation
Effective from 30.04.2004
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242
GOVERNMENT REGULATION
of 21 April 2004
on the conditions for implementing measures to promote the development of non-production functions for agriculture in order to protect environmental compartments (on the implementation of agri-environmental measures)
The Government orders pursuant to § 2c paragraphs 5 and 6 of Act No. 252 / 1997 Coll., on Agriculture, as amended by Act No. 128 / 2003 Coll. and Act No. 85 / 2004 Coll., (hereinafter referred to as "the Act") to implement § 2c paragraph 2 (b) of the Act:
INTRODUCTORY PROVISIONS
Subject matter
This Regulation (1) provides for measures to promote the development of out-of-production agricultural functions consisting of the protection of environmental compartments (agri-environment measures), including the provision of subsidies (2a) in agricultural management under these measures, following the directly applicable rules of the European Communities (2) (hereinafter referred to as "the European Communities').
Agri-environment measures
(1) Agri-environment measures include the following sub-measures:
(a) the impact of organic farming;
(b) the impact of the treatment of grassland;
(c) the coverage of landscape care, which is divided into titles
1. grubbing-up of arable land;
2. the formation of grassy belts on sloping soils,
3. intercrop cultivation;
4. permanently soaked meadows and peat meadows,
5. bird sites on grassland,
6. arable land belts planted with selected crops in order to increase the food supply of bird communities and species bound to field habitats (hereinafter referred to as "biobelts"),
(d) sub-measure rotational process in cave protection zones;
(e) the impact of integrated systems of fruit or vine cultivation.
(2) The sub-measures referred to in points (a) to (c) and (e) of paragraph 1 may be applied throughout the territory of the Czech Republic, with the exception of the care of the landscape as regards the cultivation of arable land, if arable land as referred to in Article 8 (1) (a).
(3) The sub-measure referred to in paragraph 1 (d) may be applied only to soil blocks or parts thereof, 3) if at least 10% of the total surface area of the individual soil block or part thereof is situated in the protected landscape area of the Moravian Kras.4)
Application for inclusion in an agri-environmental measure
(1) An application for inclusion in an agri-environmental measure (hereinafter referred to as "application for inclusion") may be submitted by a natural or legal person (hereinafter referred to as "applicant") if:
(a) shall, on its own behalf and under its responsibility, farm at least:
1. 5 ha of agricultural land kept in the land register, 5) not on the holding referred to in points 2 to 7,
2. 2 ha of agricultural land kept in the land register, 5) if management in the territory of national parks or protected landscapes, 6)
3. 1 ha of agricultural land kept in the land register, 5) if the management of the organic farming system is subject to specific legislation, 7)
4. 0,5 ha of agricultural land kept in the soil register, 5) if the cultivation of vegetables or special herbs listed in Annex 4 to this Regulation (hereinafter referred to as "vegetables or special herbs") in the organic farming system is subject to specific legislation, 7)
5. 0,25 ha of vineyards, fruit plantations or hops kept in the land register, 5) if the management of the organic farming system is subject to specific legislation, 7)
6.1 ha of fruit orchards kept in the soil register (5), if the management is in an integrated system of fruit cultivation, or
7. 0,5 ha of vines kept in the register of soils 5), if it is the management of an integrated system of vine cultivation,
(b) no bankruptcy has been declared on her property, no insolvency proceedings or compensatory proceedings have taken place or the application for bankruptcy has not been rejected because of a lack of assets;
(c) fulfil the additional conditions for inclusion in the relevant agri-environmental measure laid down in this Regulation.
(2) The application for inclusion is submitted for a period of 5 calendar years beginning on
(a) on 1 January of the first calendar year of the five-year period for which an application for inclusion is submitted, if the agri-environment measures referred to in Article 2 are applied for, with the exception of agri-environmental measures referred to in Article 2 (1) (c) (3) or (6);
(b) on 1 April of the first calendar year of the five-year period for which the application for inclusion is submitted, if the agri-environment measures referred to in Article 2 (1) (c) (3) or (6) are applied for.
(3) The application for inclusion shall be sent by the applicant to the State Agricultural Intervention Fund (hereinafter referred to as the Fund) by the Fund issued by the form within the period 1 October to 31 October of the calendar year immediately preceding the first calendar year of the five-year period for which the application for inclusion is submitted.
(4) In the application for inclusion, the applicant shall indicate the agri-environment measure in which it applies for inclusion. The application for inclusion shall include the documents set out for the relevant agri-environment measure in Sections 6 to 14.
(5) The Fund shall include the applicant in the relevant agri-environmental measure if the conditions laid down by law and by this Regulation are fulfilled.
(6) During the period from the date of submission of the application for inclusion to the date of inclusion of the applicant in the relevant agri-environmental measure referred to in paragraph 5, no:
(a) add another soil block or part thereof to the application for inclusion;
(b) in the application for inclusion, increase the area of the soil block or, where appropriate, its part;
(c) amend, in the application for inclusion, the chosen conditions relating to the individual soil blocks or their works, where appropriate, under the agri-environmental measure referred to in Article 2 (1) (a) or (b);
(d) in the application for classification, where agri-environment measures are required under Article 2 (1) (b), to reduce the area of the soil block or, where appropriate, its part or to discard the soil block or part thereof, if such a change does not result from changes made to the soil register (5).
(7) An application for inclusion under paragraph 2 may not be submitted to the Fund for a period beginning in 2007.
Granting under the agri-environmental measure
(1) The application for grant under the relevant agri-environmental measure (hereinafter referred to as "application for grant") shall be notified annually by the applicant to the Fund in respect of the form issued by the Fund by 15 May of the calendar year for which the grant is to be granted.
(2) A full subsidy is granted (Section 15) if:
(a) the applicant is included in the relevant agri-environmental measure;
(b) the application for the grant has been made in a timely, impeccable manner and contains the elements laid down in Article 3 (2) of the Act;
(c) the applicant undertakes to comply with and comply with the principles of good agricultural practice set out in Annex 1 to this Regulation (hereinafter referred to as "the principles") in the buildings and facilities used for agricultural production (8) and for the whole area of the agricultural land used by him (5) and other conditions laid down in this Regulation;
(d) the Fund has not identified a breach of the conditions of the agri-environmental measure for the applicant, leading to a reduction, failure to provide or refund in the relevant calendar year; when assessing compliance with the conditions relating to the utilised area of agricultural soils according to the land register (5), the relevant period from the date of application to 31 December of the year in which the application was submitted shall be the period from the date of application to 31 March of the following calendar year for the measure referred to in Article 2 (1) (c) (3) and (6).
(3) Where the applicant sends an application to the Fund after the deadline referred to in paragraph 1 but within 25 calendar days after the deadline referred to in paragraph 1, the grant shall be granted if the other conditions referred to in paragraph 2 are met. In this case, a subsidy less 1% of the total grant entitlement for each working day (a) for which the grant application has been received by the Fund after the deadline referred to in paragraph 1 shall be granted for the calendar year in question; however, no reduction shall be made if the applicant of the Fund proves that the late receipt of the grant application was due to force majeure. 9)
(4) If the Fund has decided not to grant or reduce the subsidy on the basis of a finding of non-compliance with the conditions laid down in European Community rules (10) or in paragraphs 16 to 20, after the grant has already been granted to the applicant under the agri-environmental measure in question, the applicant will repay the grant or, where appropriate, its proportional part corresponding to its reduction to the relevant bank account of the Fund from which it was granted.
(5) If the applicant demonstrates that the conditions of the relevant agri-environmental measure have not been met because of force majeure, 9) the reduction, failure to grant or refund of the subsidy shall not be made.
(6) If the applicant requests exclusion from the relevant agri-environmental measure, the Fund shall exclude the applicant; any obligation to repay the subsidy is not affected.
Change in the area to which the agri-environmental measure is granted
(1) Save as otherwise provided for in this Regulation (Article 5a (5)), the applicant may request, during the relevant five-year period, an increase in the area of agricultural land included in the agri-environmental measure referred to in Article 2 (1) (a), (b), (d) or (e) or in accordance with Article 2 (1) (c) (4) to (6), but not more than 25% of the total area covered by each agri-environmental measure included in the relevant agri-environmental measure by decision pursuant to Article 3 (5). The application for a change of classification shall be submitted by the applicant to the Fund in respect of the Fund, together with the application for the grant, but not later than 15 May of the calendar year concerned.
(2) An increase in the area already included in the relevant agri-environmental measure referred to in paragraph 1 may not be made in the fifth year of the relevant five-year period.
(3) Where, during the five-year period concerned, the applicant is interested in the inclusion of an additional measure in the relevant agri-environmental measure referred to in paragraph 1, to an extent exceeding the limit referred to in paragraph 1, or is interested in increasing the area already included in the relevant agri-environmental measure in the fifth calendar year of the relevant five-year period, he shall submit a new application for inclusion (§ 3). In a new application for inclusion submitted pursuant to this paragraph, the applicant shall indicate the area originally included in the relevant agri-environmental measure and the additional area which it requires to be included in the agri-environmental measure for a new five-year period, together with the area initially included. Where an applicant submits an application for inclusion under this paragraph in the sub-measure referred to in Article 2 (1) (b), the obligation to fulfil the conditions under which it was included in this measure by a decision pursuant to Article 3 (5) shall continue to apply in respect of individual soil blocks or parts thereof. A decision on a new application for inclusion shall be taken mutatis mutandis in accordance with Article 3; If the applicant fulfils the conditions for inclusion in the relevant agri-environmental measure, the completion of the initial five-year period shall in this case not be considered as a breach of the conditions of this Regulation.
(4) If, during the relevant five-year period, the applicant is interested in the inclusion of an additional area for which an agri-environment aid is already granted in accordance with Article 2 (1) (c) (1) or (2), he shall submit a new application for inclusion in that area for a new five-year period. The fulfilment of the conditions of the relevant agri-environmental measure shall be assessed separately for the additional area covered by the new five-year period.
(5) Where the applicant demonstrates that during the relevant five-year period the area of agricultural land included in the relevant agri-environmental measure has been reduced
(a) restitution, 11)
(b) implementation of land treatment in accordance with specific legislation, 12)
(c) force majeure, 9)
(d) making a change in the land register (5) according to Article 3h of the Act, where this change did not reduce the area of the individual soil block or, where appropriate, its part by more than 5% of the original area of that block or its part,
(e) the inclusion of a soil block or part thereof in a programme to promote afforestation of agricultural soils (12a) no later than 9 months from the date on which the area has been reduced or, where appropriate, the afforestation of agricultural land on the soil block or part thereof (12b);
(f) the establishment of a building in the public interest 12c); or
(g) no more than 5% of the total area of agricultural land included in this measure in the decision referred to in Article 3 (5) shall be taken into account; no reduction in the area referred to in points (a) to (f) shall be taken into account;
the amount of the subsidy shall be adjusted in accordance with paragraph 6 and this shall not constitute a reason for reducing, failing to grant or recovering the subsidy under paragraph 7.
(6) If, during the relevant five-year period, the applicant has reduced the area of agricultural land referred to in paragraph 5, the subsidy shall be granted for the corresponding area of agricultural land subject to the change, in proportion to the length of the period for which it was registered in the soil register (5) or on the date on which the event referred to in paragraph 5 (c) occurred; the proportional amount of the subsidy shall not be granted for the area of agricultural land subject to the change if the applicant did not have such area registered on the date on which the application for the grant was submitted in the land register (5).
(7) If, during the relevant five-year period, the applicant has reduced the area of agricultural land, not including the reduction referred to in paragraph 5, the subsidy shall be granted in proportion to the reduction of the area of agricultural land, and the Fund shall decide, at the same time, to refund the proportion of the subsidy which has been granted since the beginning of the five-year period in question for the area for which the original area has been reduced and, where appropriate, to exclude that area from the relevant agri-environmental measure from the beginning of the relevant five-year period.
(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 grant until 31 December of the calendar year concerned, no later than 31 January of the following calendar year for the measure:
1. under Paragraph 2 (1) (a), (b), (d) or (e); or
2. pursuant to Paragraph 2 (1) (c) (1), (2), (4) or (5); or
(b) during the period from the date of submission of the application for the grant no later than 31 March of the following calendar year, no later than 30 April of the following calendar year for the measure referred to in Article 2 (1) (c) (3) or (6);
the application submitted after that date, if not for the application referred to in paragraph 9, the Fund shall reject the application. 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 (9).
(9) The applicant shall submit to the Fund, at the same time as the application for the grant for the relevant calendar year, an application for a change in classification indicating the required increase in the allocated area of agricultural land referred to in paragraph 1 and the reduction in the allocated area of agricultural land as a result of the facts referred to in paragraph 5 or 7, with the exception of the reduction notified within the time limit referred to in paragraph 8.
(10) The Fund shall decide, on the basis of a request for a change in classification submitted pursuant to paragraphs 1, 8 or 9, to be included in an agri-environmental measure taking into account the change in the area of agricultural land. Where the applicant submits an application for an area change reducing the area of agricultural land included in the relevant agri-environmental measure referred to in paragraphs 5, 6 or 7, the Fund shall decide to exclude the applicant from the relevant agri-environmental measure; any obligation to return the subsidy or part thereof is not affected.
Transfer and transfer of inclusion in agri-environmental measures
(1) If the applicant fails to comply with the conditions of the relevant agri-environmental measure as a result of the cessation of the agricultural activity of a natural person or the disappearance of a legal person without liquidation13), which is an applicant, the reduction, non-grant or refund of the subsidy shall not be carried out if the legal successor of that person or a new farmer of agricultural land previously managed by the applicant (the acquirer) undertakes in writing to continue fully compliance with the conditions of the relevant agri-environmental measure.
(2) If, during the relevant five-year period, the applicant has reduced the area of agricultural land to which a subsidy is granted under the relevant agri-environmental measure as a result of the transfer, rental or sale of part or whole of the enterprise (14), the reduction, non-grant or refund of the subsidy shall not be carried out if the transferee or lessee of part or whole of the undertaking of the applicant continues to fulfil the conditions of the agri-environmental measure concerned to the same extent for the part of the holding acquired and if the applicant in writing considers that the transferor part of the undertaking will continue to comply with the conditions of the relevant agri-environmental measure for non-transferred parts of the holding as a transferee.
(3) If the acquirer or lessee already included in the relevant agri-environmental measure undertakes in writing to continue to fulfil the conditions of that agri-environmental measure on the agricultural land area acquired pursuant to paragraph 1 or 2, he shall not submit a new application for inclusion (§ 3) but shall notify the Fund on the form issued by the Fund,
(a) the measure acquired pursuant to paragraph 1 or 2 shall not be subject to the provisions of paragraphs 1 to 4 of Article 5;
(b) where agricultural land acquired under paragraph 1 or 2 is included in the relevant agri-environmental measure referred to in paragraph 2 (1) (a), (b), (d) or (e) or under paragraph 2 (1) (c) (3) to (6) for a shorter period than the agricultural land acquired by the acquirer or lessee before the acquisition of the agricultural land referred to in paragraph 1 or (2) included in that measure, and at the same time the proportion of agricultural land thus acquired exceeds 25% of the area of agricultural land to which the acquirer or lessee the acquisition of agricultural land under paragraph 1 or 2 included in that measure, shall be determined in a new decision on the inclusion of the starting date of a five-year corresponding to the calendar year when the newly acquired agricultural land was included to the original applicant in that measure;
(c) in other cases, the transferee or lessee shall indicate on the Fund issued the form the aggregate area of agricultural land included in the measure and the Fund shall set in the new classification decision the date of the start of the five-year period corresponding to the calendar year in which the transferee or lessee was included in the measure.
(4) If the acquirer or lessee not included in the relevant agri-environmental measure undertakes in writing to continue to fulfil the conditions of the agri-environmental measure for the agricultural land area acquired pursuant to paragraph 1 or 2, he shall not submit a new application for inclusion (Paragraph 3), but shall notify the Fund of this fact on the Fund issued by the form indicating the area included in the agri-environmental measure, and the Fund shall set out in the new classification decision the remainder of the period during which the acquirer or lessee will be included in the measure.
(5) Where the obligations arising from the conditions of inclusion in the relevant agri-environmental measure are transferred as a result of the facts referred to in paragraph 1 or 2, provision shall be made for:
(a) the area of agricultural land which may be subject to an increase in the allocated area referred to in Article 5 (1) during the remaining part of the relevant five-year period as the sum of the amount not yet exhausted by the acquirer and the percentage by the transferor of the amount not yet exhausted pursuant to Article 5 (1) corresponding to the proportion of the allocated area transferred to the acquirer; the limit of the increase in the area for the converter is reduced accordingly,
(b) the area of agricultural land which may be subject to a reduction in the allocated area referred to in Article 5 (5) (g) during the remaining part of the relevant five-year period as the sum of the total of the amount not yet exhausted by the acquirer of the reduced area referred to in Article 5 (5) (g) and the proportion of the share by the transferor of the previously unused reduction limit referred to in Article 5 (5) (g) corresponding to the proportion of the allocated area transferred to the acquirer; the limit of the area reduction for the converter is reduced accordingly.
(6) Where the transferee or lessee has committed in writing to continue fully to fulfil the conditions of the agri-environmental measure in question for the agricultural land area referred to in paragraph 1 or 2 and has, during the period for which the original applicant or transferee or lessee has been included in that agri-environmental measure, to reduce the agricultural land area covered by Article 5 (7) or to breach other conditions of the agri-environmental measure in question on the agricultural land for which the grant was granted, the Fund shall decide on the repayment of the proportion of the subsidy by the transferee, for the period for which the original applicant or the transferee or lessee the lessee.
(7) If, during the relevant period where any breach of the condition of the applicant is found to result in the application of the procedure under § 16 to 20, the transfer to the relevant agri-environmental measure is due to the facts referred to in paragraph 1 or 2, the procedure under § 16 to 20 shall apply in the context of the decision to grant the subsidy to the acquirer or lessee only to part of the enterprise (s) obtained from the original applicant.
(8) If the Fund finds a breach of the condition of the relevant agri-environmental measure resulting in a refund of the subsidy already granted, the refund of the subsidy shall be applied at the most to the subsidy granted during the four calendar years immediately preceding the year in which the infringement occurred; in the event of a breach of the condition of the agri-environmental measure concerned after the expiry of the relevant five-year period, the refund shall be applied to a maximum subsidy of five calendar years.
BLIER CONDITIONS FOR IMPLEMENTATION OF AGROENVIRONMENTAL MEASURES
Organic farming sub-measure
(1) An application for inclusion in the sub-measure of organic farming may be submitted by an applicant who, at the date of the application for inclusion, is included in the list of organic entrepreneurs and applicants managing the transitional period in the framework of organic farming maintained by the Ministry of Agriculture. 15)
(2) The applicant shall indicate in the application referred to in paragraph 1 a list of the soil blocks and, where appropriate, their area and culture parts managed in the organic farming system and, where appropriate, at the stage of the transitional period under organic farming and kept in the register of soils (5) which it requires to be included in the sub-measure referred to in paragraph 1.
(3) The application for inclusion in the sub-measure of organic farming shall include a sketch of the relevant soil blocks or parts thereof which the applicant requires to be included in that sub-measure, in the soil block map, in a distinction between soil blocks and, where appropriate, their cultural parts.
(a) grassland;
(b) arable land;
(c) vineyards, fruit plantations or hops.
(4) The soil block or part thereof on which it is not located may be included in the sub-measure of organic farming
(a) this sub-measure is applied;
(b) the agri-environment measure referred to in Article 2 (1) (e) is applied or is not required by the applicant to include it in that measure.
(5) The applicant for the duration of the five-year period in which it is included in the sub-scheme for organic farming,
(a) fulfil, for the whole area of agricultural land managed under organic farming, the conditions resulting from specific legislation, 7)
(b) be included in the list of organic entrepreneurs and applicants managing the transitional period in the framework of organic farming. 15)
(6) Where the applicant requests aid for grassland under the scheme of organic farming, he shall, during the relevant five-year period, comply with the stocking density of the livestock referred to in Annex 2 to this Regulation (hereinafter referred to as "the listed livestock ') on 31 July of the relevant calendar year of at least 0,2 livestock units per hectare of grassland managed by the applicant and registered in the soil register (5), but not more than 1,5 livestock units per hectare of agricultural land managed by the applicant and registered in the soil register (5).
(7) Where the applicant holds a horse on 31 July of the relevant calendar year, the Fund shall, by 15 September of that calendar year, deliver a copy of the register (15b) together with the completed form issued by the Fund, indicating the number of horses kept converted into livestock units on that date.
(8) An integral part of the grant application shall be a map of the soil blocks with drawings of each crop or crop referred to in paragraph 9.
(9) The applicant who has arable arable land included in the sub-measure of organic farming shall indicate in the application for a subsidy for the relevant calendar year for each soil block or, where appropriate, part of it with a crop arable land, whether it will grow on that soil block or part thereof.
(a) special herbs,
(b) vegetables,
(c) other arable crops.
Sub-arrangements for the treatment of grassland
(1) The applicant shall indicate in the application for inclusion in the assessment of the treatment of grassland:
(a) the total area of grassland managed by it, kept in the soil register (5) at the date of application for inclusion, with the exception of:
1. the areas of grassland required by the applicant to be included or, where appropriate, already included in the agri-environmental measure referred to in Article 2 (1) (c) (1), (2), (4) or (5); or
2. the areas covered by an agreement under SAPARD16) No 2.3 - "Agricultural production methods intended to protect environmental compartments and preserve the landscape" (hereinafter referred to as "SAPARD measures"), not including the White Carpathians Agreement 4; or
3. areas of grassland referred to in point (c);
4. areas of grassland included in the Landscape Care Programme, applied by the Ministry of the Environment; the applicant shall demonstrate this by confirming the competent nature conservation authority;
(b) a list of the individual soil blocks or, where appropriate, of their grass-growing parts forming the total area referred to in (a) and a distinction between their use as pasture or meadow;
(c) the total area of grassland managed by it, located in specially protected areas, (6) for which the applicant shall fulfil the specified conditions for the treatment of grassland referred to in paragraph 8, except:
1. the areas of grassland required by the applicant to be included or, where appropriate, already included in the agri-environmental measure referred to in Article 2 (1) (c) (1), (2), (4) or (5); or
2. the areas covered by an agreement under the SAPARD measure (16), if not for the White Carpathians Agreement 4,
(d) a list of the individual soil blocks or, where appropriate, of their grassland parts forming the total area referred to in (c) and a distinction between their use as pasture or meadow;
(e) the total number of livestock units of listed livestock kept by the applicant at the date of application for inclusion.
(2) The application for inclusion in the sub-measure of the treatment of grassland shall include a sketch of the respective soil blocks and, where appropriate, their parts listed in paragraph 1 (b). (b) or (d) on the soil block map with a distinction to meadows and pastures. The soil blocks, or parts thereof on which the applicant will fulfil the conditions for the treatment of grassland referred to in paragraph 8, shall be marked differently and shall indicate for each soils block so marked, or part thereof, whether it will apply the conditions referred to in paragraph 8 (a) or (c) or paragraph 8 (b) (1) or (2).
(3) For an applicant whose stocking density of listed livestock at the date on which the application for inclusion is submitted will be at least 0,2 livestock units per hectare of each grassland managed by the applicant which is required to be included in this sub-measure, the Fund will decide to include the total area of grassland referred to in the application for inclusion under paragraph 1 (a) and (c) in this agri-environmental measure. in the event of non-compliance with the condition of compliance with the stocking density at the date of application, the application for inclusion in this agri-environmental measure shall be rejected.
(4) A soil block, or part thereof, on which it is not, may be included in the sub-measure of the treatment of grassland.
(a) this sub-measure is applied;
(b) the application of certain agri-environmental measures under Article 2 (1) (c) (1), (2), (3), (5) or (6) or under Article 2 (1) (d) or (e), or the applicant does not require it to be included in any of these measures;
(c) the application of certain agreements under SAPARD measures, 16) except for White Carpathians Agreement 4.
(5) The applicant for the duration of the five-year period in which it is included in the coverage of the treatment of grassland,
(a) comply with the stocking density of the listed livestock on 31 July of the relevant calendar year of at least 0,2 livestock unit per ha of grassland managed by it registered in the Soil Register (5);
(b) shall not apply more than 170 kg nitrogen per hectare per year on average to the total area of arable land used by it as recorded in the Soil Register (5) on 31 December of the calendar year concerned, including the netting of manure, 17) fertiliser (18) and treated sludge (19) listed in Annex 6 to this Regulation;
(c) in the case of renewal of grassland for the purpose of its restocking, ensure that by 15 July of the calendar year at the latest:
1. there was a continuous grassland on the relevant soil block or part thereof,
2. a crop intended to protect the growing grassland has been harvested if it has been planted.
The applicant shall notify the Fund in writing, within 20 calendar days of the date of its commencement, of the implementation of the grass recovery.
(6) The applicant for the entire duration of the five-year period in which it is included in the coverage of the treatment of grassland on grassland included in that sub-measure and identified as meadow in the application for inclusion
(a) does not use mulching, except for the last mowing, provided that the height of continuous grassland does not exceed 15 cm;
(b) does not recover grassland situated in specially protected areas (6) without written authorisation from the competent nature conservation authority, 20)
(c) shall not apply more than 40 kg of nitrogen per hectare on average on 31 December of the calendar year concerned to the total area of these meadows registered in the register of soils (5), including the netting of manure application (17) and fertiliser (18) referred to in Annex 6 to this Regulation;
(d) mow the crops in accordance with point 2 of the principles;
(e) does not carry out grazing on livestock.
(7) The applicant for the duration of the five-year period in which it is included in the coverage of the treatment of grassland on grassland included in that sub-measure and identified as pasture in the application for classification
(a) during a period of at least one hundred days' grazing period, it shall comply with the current daily stocking density of the listed livestock in the range of 0,5 to 1,25 livestock units per hectare of pasture, except for grassland where the applicant fulfils the conditions laid down in paragraph 8 (a). (c) point (1); the reference period may start no later than 15 June of the calendar year and end no later than 31 October of the calendar year;
(b) use herbicides only points for the disposal of weeds; the applicant operating in the organic farming system under the specific legislation7) does not apply herbicides or points,
(c) carry out the cutting of non-passports within 30 days after the end of each grazing cycle of livestock, but not later than 30 days after the end of the grazing period, except where:
1. the competent authority of nature protection on the relevant soil block or part thereof shall provide otherwise and the applicant shall deliver to the Fund within 30 days of the beginning of the reference period the written opinion of that authority; or
2. grazing is carried out on the soil block, or part thereof, whose mean lightness is greater than 12 degrees;
(d) ensure the supply of grazing livestock and, where appropriate, ensure that grazing livestock is technically and / or organically protected against losses of livestock;
(e) keep a pastoral log on a daily basis in accordance with the model set out in Annex 3 to this Regulation; where the applicant applies on grassland the conditions for compliance with the stocking density of the listed livestock referred to in point (a) and at the same time as those laid down in paragraph 8 (b). (c) point (1) shall keep separate pastoral diaries for the monitoring of the relevant intervals, with the pastoral diary being the applicant, unless it has been delivered within 20 calendar days of the end of the grazing period referred to in point (a) by the Fund, obliged to submit to the Fund, in the course of a visit to local20a, within the next 5 years after the year in which it was kept;
(f) does not recover grassland situated in specially protected areas (6) without written authorisation from the competent nature conservation authority, 20)
(g) shall not apply more than 40 kg nitrogen per hectare per year on average to the total area of such pastures registered in the soil register (5) on 31 December of the calendar year concerned, including the offsetting of manure application (17) and fertiliser (18) referred to in Annex 6 to this Regulation;
(h) does not apply slurry, except bovine manure;
(i) notify the Fund in writing of the start of the reference period by 8 June of the calendar year at the latest; The grazing period may be interrupted on the basis of a written notification by the applicant indicating the length of the interruption and received by the Fund at least 2 days before the date of commencement of the interruption, except for those resulting from the intervention of a higher power 9).
(8) The applicant may decide, subject to the consent of the competent nature conservation authority (20), that during the entire five-year period in question on soil blocks or, where appropriate, their works on grassland culture,
(a) designated in the application for classification as meadow and the area of which is at least 50% located in the specially protected territory, (6) will comply with the conditions laid down in paragraph 6, except for the condition referred to in paragraph 6 (c), instead of which it will comply with a complete ban on fertiliser application, 18) manure and treated sludge, 19)
(b) identified in the application for classification as meadow and the area of which is at least 50% located in the specially protected territory, (6) shall be in addition to the condition referred to in (a);
1. perform cutting of the crops at least twice a year (in justified cases cut once a year). The applicant shall remove the chopped-up material from the parcel and use it within its premises, provide it to another person or, where appropriate, dispose of it in accordance with specific legislation. 21) The first part shall be implemented not earlier than 15 July but not later than 31 August of the calendar year; in that case, the condition referred to in paragraph 6 (d) and point 2 of the principles shall not apply; or
2. to leave uncut strips of between 6 and 12 m, which shall cover 5% to 10% of the area of the soil block concerned and, where applicable, part thereof, and shall be cut in the second cleft, at the time of the first cleavage, not later than 31 July of the calendar year (in justified cases). The applicant shall remove the chopped-up material from the parcel and use it within its holding, provide it to another person or, where appropriate, to the same person in accordance with a specific legislation; 21) in that case, the condition referred to in paragraph 6 (d) and (2) of the principles shall not apply,
(c) identified in the application for classification as pasture and the area of which is at least 50% located in the specially protected territory, (6) shall comply with the conditions laid down in paragraph 7, except:
1. the conditions referred to in paragraph 7 (a), instead of complying with the actual daily stocking density of the listed livestock in the range of 0,4 to 1,05 livestock units per ha of these pastures, during at least one hundred days' grazing period; the reference period may start no later than 15 June of the calendar year and end on 31 October of the calendar year, and
2. the conditions referred to in paragraph 7 (g), instead of which it will comply with a complete ban on fertiliser application, 18) manure and treated sludge. 19)
(9) The applicant on the soil blocks or parts thereof included in this agri-environmental measure, the area of which is situated in the territory of the first zone of the specially protected territory (6) shall be at least 0, 25 ha or, where applicable, the proportion situated in the territory of the first zone of the specially protected territory (6) shall be at least 50% of the area of that soil block or part thereof, fulfilling the conditions laid down in paragraph 8 during the entire five-year period, depending on their inclusion in the application.
(10) Where the applicant holds a horse on 31 July of the relevant calendar year, the Fund shall, by 15 September of that calendar year, deliver a copy of the register (15b) together with the completed form issued by the Fund, indicating the number of horses kept, converted into livestock units on that date.
Arable grassland title
(1) The applicant shall, in the application for inclusion in the assessment of the landscape management of the agricultural parcel, list and area of the arable block or, where applicable, of its arable crop parts kept in the soil register, 5), which he requires to be included in this title, in a distinction to:
(a) soil blocks, or parts thereof, located at least 50% on the territory of the protected landscape area of the White Carpaty22) and on which a mixture of seeds referred to in paragraph 4 (a) (1) shall be sown;
(b) other soil blocks, or parts thereof not complying with the condition referred to in (a).
(2) The application for inclusion in the landscape care scheme for grass-growing arable land must include a sketch of the respective soil blocks or parts of them required by the applicant to be included in the soil block map.
(3
(a) which did not have a registered grassland culture in the register of soils (5) during part or whole period lasting from 20 April 2004 until the date of application for inclusion;
(b) which had a registered culture of arable land on the date on which the application for inclusion was submitted in the register (5);
(c) on which no agreement is applied under SAPARD measures, 16)
(d) which meets at least one of the following criteria:
1. the midline of the soil block or part thereof is greater than 12 degrees;
2. arable land for at least 50% of the block area, or part thereof, is shallow or sandy or wet or extremely heavy;
3. the entire area of the soil block or part thereof is situated in a less favourable area or in an area with ecological restrictions under specific legislation, 23)
(e) on which this sub-measure is not applied;
(f) on which an agri-environment measure referred to in Article 2 (1) (b), (d) or (e) or in Article 2 (1) (c) (2), (3), (4), (5) or (6) is not applied or is not required by the applicant to include it in one of those measures.
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Regulation Information
| Citation | Government Decree No. 242 / 2004 Coll., on the conditions for implementing measures to promote the development of non-production functions of agriculture in order to protect environmental compartments (on the implementation of agri-environmental measures) |
|---|---|
| Regulation Type | Regulation |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 30.04.2004 |
|---|---|
| Effective from | 30.04.2004 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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