Government Decree No. 262 / 2012 Coll.
Government Regulation on the establishment of vulnerable areas and action programme
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Regulation
Effective from 01.08.2012
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262
GOVERNMENT REGULATION
of 4 July 2012
establishing vulnerable areas and an action programme
The Government orders pursuant to § 33 (2) of Act No. 254 / 2001 Coll., on Water and on the Amendment of Certain Laws (Water Act), as amended by Act No. 20 / 2004 Coll., ("the Act '):
Subject matter
This Regulation implements the relevant provisions of the European Union1) and establishes vulnerable areas and an action programme for these areas.
Determination of vulnerable areas
The vulnerable areas are geographically defined by the cadastral territories (2) listed in Annex 1 to this Regulation.
Review of vulnerable areas
The review of the definition of vulnerable areas shall be carried out by the Ministry of the Environment on the basis of the identification of surface or groundwater contaminated or at risk of nitrates from agricultural sources and after evaluation of the following elements:
(a) the results of the survey and evaluation of the quality and quantity of surface and groundwater carried out by river basin managers and authorised bodies under Article 21 (4) of the Act;
(b) data from water quality monitoring pursuant to Article 22 (2) of the Act;
(c) information on the quality of raw water extracted monitored by water supply operators under other legislation3).
Action programme
(1) The action programme covers natural or legal persons operating agricultural production in vulnerable areas, using and storing fertilisers and registered under the Act on Agriculture (4) (hereinafter referred to as the "agricultural entrepreneur").
(2) Where the farm operator's commercial plant is partly located in a vulnerable area,
(a) the measures of the action programme shall apply to agricultural parcels as referred to in Article 5 located in vulnerable areas;
(b) the requirements of Sections 7a and 8 (1) shall also apply to agricultural parcels not listed in (a); and
(c) the requirements laid down in Article 9 (1) and (2) shall apply to the whole commercial establishment.
(3) The action programme, with the exception of Section 7a, does not apply to crop cultivation or to the use and storage of fertilisers for research, development and experimental purposes.
Agricultural land and nitrogen fertiliser
(1) For the purposes of this Regulation, agricultural land means:
(a) continuously managed agricultural land; or
(b) the part of the soil block or part thereof with one crop or mixture of crops, where the agricultural operator is included in the land use register according to user relations under the Agriculture Act.
(2) Nitrogen fertiliser for the purposes of this Regulation:
(a) mineral nitrogen fertilisers, namely mineral one-component nitrogen fertilisers (5) and mineral one-component fertilisers (5) containing nitrogen,
(b) fertilisers with rapidly released nitrogen, namely manure and liquid content after mechanical separation, manure, urinalysis, silage, poultry faeces and small livestock with or without bedding, feces, or urine left by farmed animals during grazing or other residence on agricultural land, and organic or organo-mineral fertiliser (5), in which the ratio of carbon to nitrogen is less than 10, excluding meat-and-bone meal;
(c) fertilisers with slow release nitrogen, namely manure, manure or solid manure after mechanical separation and organic or organo-mineral fertiliser (5), in which the ratio of carbon to nitrogen is equal to or greater than 10, and meat and bone meal,
(d) satiable crop residues (7), in particular straw, temples, green fertiliser and grass crops;
(e) the revised Schedule 8).
(3) If an agricultural entrepreneur is included in the land use register according to user relations under the Act on Agriculture and the part of the land block through which the boundaries of a vulnerable area pass is situated by an area of more than 2 hectares in a vulnerable area, that part of the soil block is considered to be a part of the soil block located in a vulnerable area.
(4) If an agricultural entrepreneur is not included in the land use register according to user relations under the Act on Agriculture and the agricultural parcel through which the boundaries of a vulnerable area pass is situated by an area of more than 2 hectares in a vulnerable area, that agricultural parcel is considered to be an agricultural parcel situated in a vulnerable area.
Fertilisation prohibition period
(1) The periods during which the use of nitrogen fertilisers is prohibited in vulnerable areas on arable land and permanent grassland are set out in Table 1 of Annex 2 to this Regulation.
(2) The fertilisation prohibition period referred to in paragraph 1 shall not apply to fertilisers used for winter crops in an application levy of not more than 5 kg N / ha, to feces and urine left by farmed animals during grazing or otherwise on agricultural land and to fertilisation of areas in greenhouses, foils or parasitic plants.
(3) The derogation from the fertilisation ban referred to in paragraph 1 shall be possible for fertilisers with rapidly released nitrogen on agricultural parcels with an average inclination not exceeding 5 degrees, within a period of not more than 14 days from the start of the ban period and on days where the average daily air temperature is above 5 ° C. This fact, supported by measurements confirmed by the Czech Hydrometeorological Institute, will then be demonstrated by the agricultural entrepreneur for inspection purposes to the Central Inspection and Testing Institute.
(4) If there is an emergency situation in the commercial plant, it shall be carried out in accordance with Decree No. 450 / 2005 Coll., on the details of the management of the defective substances and the details of the emergency plan, the method and extent of the notification of accidents, their disposal and the removal of their harmful consequences, as amended, and the fertilisation ban provided for in paragraph 1 shall not apply.
Use of nitrogen fertilisers according to the soil climate conditions of the site
(1) The method of use of nitrogen fertilisers shall be determined by the farm operator according to the needs of individual crops and crops at specific habitats and under cultivation conditions. For nitrogen inputs, the limits set out in Tables 4 to 6 of Annex 3 to this Regulation are set, which must be complied with on individual agricultural parcels. In the light of the requirements of § 7a of the nitrogen supply, it is necessary to reduce the nitrogen supply in a proportionate manner in the light of the lower yields achieved.
(2) The nitrogen intake limits for each crop set out in Table 4 of Annex 3 to this Regulation depend on the integration of agricultural land into one of the three yield levels set out in Tables 1 to 3 of Annex 3 to this Regulation, using the system of Bonified Soil Organic Units established pursuant to Decree No 227 / 2018 Coll., on the characteristics of the Bonified Soil Organic Units and the procedure for their management and updating.
(3) The agricultural parcel may be fertilised in accordance with the limits for a higher yield level than that to which the parcel is classified in accordance with paragraph 2, provided that the agricultural operator, on the basis of the records kept by him for inspection purposes, provides the Central Control and Examination Institute with evidence of the agricultural data on the maximum yield of all crops on the agricultural parcel for at least the last 5 calendar years. Proceeds corresponding to higher yield levels shall be achieved at least three times in these years.
(4) Crops and crops other than those listed in Tables 4 to 6 of Annex 3 to this Regulation do not have a set limit on nitrogen intake and manure, as appropriate, at specific habitats and under production conditions. The nitrogen supply limits for vegetables shall apply only if it is grown on arable land.
(5) In order to comply with the nitrogen supply limit, the following procedure shall be followed:
(a) when growing crops in a mixture, the limit of nitrogen input is determined by its highest value for a specific crop in a mixture, nitrogen input to a subset shall not be counted, nitrogen input to the cover crop, and, in case of cropping, nitrogen input from previous fertilisation to the treated crop shall not be counted in the nitrogen input to the replacement crop,
(b) in the case of fertilisation to promote the degradation of straw or to an intercrop, the nitrogen supply to the crops subsequently grown shall be:
1. does not count nitrogen from mineral fertilisers and rapidly released nitrogen fertilisers used to promote straw decomposition or intercrop, or
2. count nitrogen from fertilisers with slowly released nitrogen and treated sludge used to promote straw decomposition or intercrop,
(c) total nitrogen from mineral fertilisers and nitrogen available for use in the first year shall be included in the nitrogen supply,
1.30% of total nitrogen fertilisers with slowly released nitrogen and treated sludge,
2.60% of total nitrogen fertilisers with rapidly released nitrogen, excluding pig manure, or
3.70% of total pig manure nitrogen,
(d) nitrogen available for use in the first year by a crop following a crop bound by air nitrogen as referred to in Annex 4 to this Regulation shall be included in the nitrogen supply;
1.50 kg N / ha after clover or lucerne, or
2.25 kg N / ha for other crops bound by air nitrogen or by mixtures of crops bound by air nitrogen with other crops; and
(e) for the determination of nitrogen intake to soil, the values obtained by own analysis, which is not more than 1 year old, the data from the fertiliser designation or treated sludge, and, where appropriate, the data set out in Annex 3 to Decree No 377 / 2013 Coll., on storage and use of fertilisers, as amended.
(6) The fertilisation requirements for vegetables grown on a total area exceeding 20 ha are as follows:
(a) the analysis of the soil sample taken from each area of the agricultural parcel with vegetables, from the soil profile to a minimum depth of 30 cm for the determination of the mineral nitrogen content, shall be carried out before each sowing or planting of the vegetables in the relevant calendar year;
(b) the mineral nitrogen content in soil exceeding 30 kg N / ha as determined by the analysis referred to in (a) shall be counted against the limit set out in Table 6 of Annex 3 to this Regulation;
(c) the collection and analysis of soil samples shall be carried out by a person who is competent to have an accreditation certificate under Section 16 of the Technical Requirements for Products Act or by an authorised person under Section 10 of the Fertiliser Act;
(d) records of the results of the analyses shall be kept for at least 7 calendar years following the year in which the analysis was carried out; and
(e) nitrogen available for use by the cultivated crop in the first year calculated in accordance with paragraph 5 (b). (c) only fertiliser applied after the date of sampling of the soil shall be included in the nitrogen supply.
(7) Limitation of the nitrogen levies on arable land during the period following the harvest of the main crop, as set out in Table 6 of Annex 2 to this Regulation,
(a) relate to the period from 15 June of the relevant calendar year to the beginning of the fertilisation prohibition period referred to in Article 6;
(b) depends on the integration of the agricultural parcel into one of the three application zones, according to the risk of nitrate leaching from the soil profile as defined in Tables 2 to 5 of Annex 2 to this Regulation, using the system of soil-protected organic units provided for in Decree No 227 / 2018 Coll.,
(c) relates to fertilisation to subsequent winter crops, intercrops, straw decomposition promotion or subsequent spring crops; and
(d) only applies to mineral nitrogen fertilisers and fertilisers with rapidly released nitrogen.
(8) For the determination of nitrogen levies in accordance with Table 6 of Annex 2 to this Regulation during the period following the harvest of the main crop, the following shall be followed:
(a) the maximum total levies laid down for each fertiliser and fertiliser as referred to in points A and B may not be combined;
(b) in the case of the use of fertilisers to promote the decomposition of straw, a maximum of 30 kg N / ha may be used in the fertilisers referred to in points A and B for the fertilisation of winter rape;
(c) within one fertilisation method, the total levy may be divided into subdoses; and
(d) the combination of sub-doses with respect to the maximum total nitrogen dose is possible between the fertilisers referred to in points A and B at a nitrogen conversion rate of 1: 1,7.
(9) Direct or subsequent fertilisation shall be considered as fertilisation in support of straw decomposition until the start of the fertilisation prohibition period referred to in § 6 on the agricultural parcel with all straw left. The stubble after the harvest of maize for silage of at least 40 cm height or the vegetable residues after the harvest of grass for seed shall be considered straw. A rapeseed extract used for green fertilisation is considered as an intermediate crop. Fertilisation to an intermediate crop shall not be considered to be fertilising in less than 2 weeks before the harvest of the intermediate crop or its green fertilisation crop.
(10) Where there are multiple soil-protected ecological units within the agricultural parcel belonging to different yield levels, application zones or other groups of soil-protected ecological units, such agricultural land shall be included taking into account the prevailing classification. With the same proportional representation of different groups of soil-protected organic units, the measures assessed as more stringent shall always apply.
(11) On permanent grassland on agricultural parcels with contaminated soils defined by main soil units 65 to 769), if they have not been mixed by drainage, nitrogen fertilisers may not be used. In case the agricultural parcels have been drained, the one-off levy per 100 kg of total nitrogen per ha shall be limited to one-off levy per 60 kg of total nitrogen per ha when using mineral nitrogen fertilisers. On permanent grassland on agricultural parcels with shallow soils or soils with an undeveloped soil profile defined by the main soil units 37 to 399), a single dose per 100 kg of total nitrogen per hectare is limited to 1 ha for the use of rapidly released nitrogen fertilisers and a single dose per 60 kg of total nitrogen per 1 ha for the use of mineral nitrogen fertilisers.
(12) Where the land on the agricultural parcel is flooded, oversaturated with water, frozen or covered with snow, nitrogen fertilisers may not be used on it, except for retaining vegetable residues.
(13) Paragraphs 7, 8, 11 and 12 do not apply to feces and urine left by farmed animals during grazing or during any other stay on agricultural land.
(14) Nitrogen fertilisers may not be used on agricultural land unless their use leads to a uniform coverage of the parcel.
Nitrogen balance
(1) By the end of February, the agricultural operator shall process the nitrogen balance for the previous calendar year in terms of crop harvesting (hereinafter referred to as "harvest year"). Nitrogen inputs shall be included in the nitrogen balance by fertilisation during the period from 1 July of the calendar year preceding the harvest year to 30 June of the harvest year (hereinafter referred to as the "marketing year '). The method of calculating the nitrogen balance is set out in Annex 5 to this Regulation.
(2) The result of the nitrogen balance shall be assessed as an average over a three-year period and shall not exceed 70 kg N / ha of arable land of the commercial plant.
(3) The obligation to process the nitrogen balance shall not apply to:
(a) feces and urine of livestock referred to in Article 7 (13); and
(b) a commercial plant having a maximum of 30 hectares of arable land.
Restrictions on the use of organic nitrogen
(1) The quantity of total nitrogen used in the marketing year on agricultural parcels in organic, organo-mineral and livestock fertilisers shall on average not exceed 170 kg N / ha of the total area of agricultural parcels of the commercial plant; only agricultural parcels suitable for fertilisation shall be counted against this average.
(2) Agricultural parcels suitable for fertiliser fertilisation referred to in paragraph 1 shall mean all used agricultural parcels of a commercial plant, with the exception of agricultural parcels which cannot be fertilised on any part of them, in particular in the established territory of the municipality or in the protection zones of water resources.
(3) The calculation of the nitrogen levy applied on average per ha shall be done on the basis of data on the supply of total nitrogen in the organic, organo-mineral and livestock fertilisers used, including the production of nitrogen by grazing livestock or other residence on agricultural land. This data shall be obtained from fertilisation records.
(4) Up to the limit referred to in paragraph 1:
(a) calculates nitrogen intake in the use of treated sludge under the Waste Act (8);
(b) does not account for the nitrogen intake from the harvested vegetable residues.
(5) Other uses of manure than for fertilisation within the commercial plant where they were produced, in particular putting them into circulation, processing into organic fertilisers in composting and biogas production, using cleaning technologies to dispose of excrement or other manure management, must be documented. The introduction into the circulation of organic fertilisers resulting from the processing of manure should also be documented.
Storage of nitrogen fertilisers in vulnerable areas
(1) The farm operator shall provide storage facilities for manure 6) with a minimum capacity corresponding to their six-month production. This does not apply to:
(a) manure for which the storage capacity must be for at least five months' production; or
(b) solid manure, where possible on the agricultural parcel before its use.
(2) Reducing the need for storage facilities is only possible when the conditions laid down in another legislation (7) are met and the technical condition of storage facilities must comply with the quality requirements in terms of waterprotection (14).
(3) Solid manure resulting from housing livestock, compost and digesture can only be stored on agricultural land in a way which does not endanger the environment. The storage period for manure without intermediate storage shall not exceed 12 months and 9 months for intermediate storage in accordance with paragraph 4. Compost and digestor can be stored for a maximum period of 12 months. At the same place of the agricultural parcel, such fertilisers may be repeatedly stored no earlier than 4 years after the cultivation of the land and the annual cultivation of crops on that agricultural parcel. The storage of fertiliser is only possible at the locations specified in the approved emergency plan (11) if:
(a) ensure safety of surface and groundwater quality;
(b) a complex site not less than 100 m from the boundary of the water source protection zone I, at least 50 m from the surface water body, on agricultural parcels with a gradient greater than 5 degrees at least 100 m from the surface water body;
(c) a complex site situated on the soil of an agricultural parcel which:
1. has not been mixed by drainage;
2. is not contaminated with soil defined by main soil units 65 to 769),
3. is not the light sand or very permeable soil defined in points 1 and 2 of Table 4 of Annex 2 to this Regulation; and
4. is not the arable land defined in points 11 and 12 of Table 4 of Annex 2 to this Regulation;
(d) manure effluent and surface water inflow prevented; and
(e) a rigid manure or digestor assembly level in a layer of a minimum height of 1,7 m and a smaller side size of the pile of not more than 20 m, with the orientation of the complex by a longer side along the back.
(4) Solid manure resulting from housing of bovine animals, swine and poultry may be stored on the agricultural parcel only after storage for three months in storage or after one-off removal from the stables with a deep litter, where it was situated for at least 3 weeks. Where the average daily consumption of litter per livestock unit is greater than 4 kg of straw, slurry or digesture, 6 kg of wood sawdust or 11 kg of undried manure or digesture, the manure thus produced may be stored on the agricultural parcel without intermediate storage, even after its subsequent addition to the required litter content.
Crop rotation in vulnerable areas
(1) When growing single-year crops, it is necessary to limit intermediaries without crops in order to reduce soil erosion and reduce nutrient leaching. For intercrop cultivation, if not followed by a winter crop, the crop shall be left on the agricultural parcel until at least 31 October of the relevant calendar year.
(2) For the renewal of permanent grassland and after clover, subsequent crops must be sown within the next agrotechnical period. If the clover is followed by a spring crop, the cover of clover shall be planted after 31 October of the relevant calendar year.
(3) Maize in the third application zone as defined in Table 4 of Annex 2 to this Regulation may not be grown more than 2 years in succession. This obligation shall also apply to agricultural parcels, regardless of their inclusion in the application zone, any part of which is situated at a distance of less than 100 m from the boundary of the water source protection zone I.
(4) The cultivation of maize referred to in paragraph 3 shall not be considered as successive cultivation if the sequence of maize cultivation is interrupted by sowing the intermediate crop by 30 September at the latest and kept on the parcel until the following year, until the beginning of the presiding for the cultivation of the following maize.
Management on sloping agricultural land
(1) For reasons of soil protection against erosion and pollution water, maize, potatoes, sugar beet, fodder beet, field bean, soya, sunflower or sorghum may not be grown on agricultural parcels with a gradient exceeding 7 degrees, any part of which is situated at a distance of less than 25 m from the surface water body or the boundary of the water source protection zone I.
(2) On agricultural parcels with an arable land with a gradient exceeding 10 degrees and on agricultural parcels with a permanent grassland with a gradient exceeding 12 degrees, nitrogen fertilisers shall not be used, except for solid manure and solid organic fertilisers, in the case of arable land without crop, prepared within 24 hours after their use and nitrogen intake in feces and urine in grazing livestock or in any other way on agricultural land. The processing requirement shall not apply to retained harvested vegetable residues.
(3) On agricultural parcels with permanent grassland with a gradient exceeding 7 degrees, a one-off dose per 100 kg of total nitrogen per ha is limited to 60 kg of total nitrogen per ha when using mineral nitrogen fertilisers. This shall not apply to the supply of nitrogen in feces and urine for grazing livestock or for any other stay on agricultural land.
(4) Paragraphs 1 to 3 shall not apply to slopes treated by terracting.
Management on agricultural parcels adjacent to surface water bodies
(1) On agricultural parcels directly adjacent to surface water bodies:
(a) maintain a non-fertilised soil protection belt at least 3 m from the shore line; in this case, Article 7 (14) shall not apply to this part of the agricultural parcel;
(b) in the case of agricultural parcels with a gradient exceeding 7 degrees, a protection belt of at least 25 m from the shore line shall be maintained, without using fertilisers with rapidly released nitrogen, except for solid fertilisers; in this case, Article 7 (14) shall not apply to this part of the agricultural parcel.
(2) Paragraph 1 shall not apply to retained harvested plant residues, nor to feces and urine left by farmed animals during grazing or during any other stay on the agricultural parcel, and the voluntary access of animals to bodies of surface water, riverbed damage and valleys, destruction of coastal areas or pollution of water shall be avoided.
Repeal
The following shall be deleted:
1. Government Decree No. 103 / 2003 Coll., on the determination of vulnerable areas and on the use and storage of fertilisers and manure, crop rotation and the implementation of anti-erosion measures in these areas.
2. Government Regulation No. 219 / 2007 Coll., amending Government Regulation No. 103 / 2003 Coll., on the determination of vulnerable areas and on the use and storage of fertilisers and manure, crop rotation and the implementation of anti-erosion measures in these areas.
3. Government Regulation No. 108 / 2008 Coll., amending Government Regulation No. 103 / 2003 Coll., on the determination of vulnerable areas and on the use and storage of fertilisers and manure, crop rotation and the implementation of anti-erosion measures in these areas, as amended by Government Regulation No. 219 / 2007 Coll.
Efficacy
This Regulation shall enter into force on 1 August 2012, with the exception of Article 9 (2) and (4), which shall take effect on 1 January 2014.
Prime Minister:
RNDr. Netime v. r.
Minister of Environment:
Mgr. Chalupa v. r.
Minister for Agriculture:
Ing. Bendl v. r.
Příloha č. 1
Annex No 1
List of vulnerable areas by cadastral border
A
702919 Alberic
600172 Albrechtice nad Orlicí
600300 Albrechts
655821 Alexi
774707 Alojzov u Prostějov
757900 Antonín Mine
600407 Archlebov
600415 Arc-pox
600423 Arnold
B
630551 Babčice
600636 Granny at Lesonic
655244
709620 Babice u Růrolice
744930 Babice u Řehenic
641871 Babin at Horahovice
721506 Babina
600725 Bácovice
600741 Cotton
600768
600784 Bachkov
600814 Pacovice
600822 Bachev
620254 Mud
600831 Bakov nad Jizerou
600849 Balloons
737925 Balkova Lhota
628336 Balkovs
600857 Banins
600873
600881 Bantice
600911 Barchovice
651389 Barovice
600971 Bartošovice
695734 Bartoušov
601047 Barice
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Regulation Information
| Citation | Government Regulation No. 262 / 2012 Coll., on the establishment of vulnerable areas and an action programme |
|---|---|
| Regulation Type | Regulation |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 27.07.2012 |
|---|---|
| Effective from | 01.08.2012 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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