Government Regulation No. 282 / 2011 Coll.

Government Regulation amending Government Regulation No. 79 / 2007 Coll., on the conditions for implementing agri-environment measures, as amended

Valid Regulation Effective from 01.10.2011
282
GOVERNMENT REGULATION
of 14 September 2011
amending Government Regulation No 79 / 2007 Coll., on the conditions for implementing agri-environment measures, as amended
The Government orders pursuant to § 2c (5) of Act No. 252 / 1997 Coll., on Agriculture, as amended by Act No. 85 / 2004 Coll. and Act No. 291 / 2009 Coll., hereinafter referred to as "the Act ', and under § 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. and Act No. 291 / 2009 Coll.:
Čl. I
Government Regulation No. 79 / 2007 Coll., on the conditions for the implementation of agri-environmental measures, as amended by Government Regulation No. 114 / 2008 Coll., Government Regulation No. 45 / 2009 Coll., Government Regulation No. 83 / 2009 Coll., Government Regulation No. 480 / 2009 Coll., Government Regulation No. 78 / 2010 Coll., Government Regulation No. 112 / 2010 Coll. and Government Regulation No. 369 / 2010 Coll., are amended as follows:
1. At the end of footnote 2, the sentence "Commission Regulation (EU) No 65 / 2011 of 27 January 2011 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 is added. '.
2. In Article 3, the following paragraph 6 is added:
"(6) The application referred to in paragraphs 1 and 2 may not be submitted to the Fund for a period beginning in 2012 and thereafter, except for an application for inclusion in the title of grubbing-up of arable land referred to in Article 2 (2). (c) point 1. The application referred to in paragraphs 1 and 2 for inclusion in the title of grubbing-up of arable land referred to in Article 2 (1) (a) shall be submitted to the competent authority of the Member State of origin. (c) point (1) may not be submitted to the Fund for the period beginning in 2014 and thereafter. ';
3. In Article 3a, the following paragraph 5 is added:
"(5) The application referred to in paragraphs 1 and 2 may not be lodged with the Fund for a period beginning in 2012 and thereafter."
4. The following Sections 3b and 3c are inserted after Section 3a:
„§ 3b
Request for extension of the period of inclusion in the agri-environmental measure
(1) If the applicant intends to extend this period in the fifth year of inclusion in the agri-environmental measure,
(a) until 31 December 2013, if it is agri-environment measures under Article 2 (a) or (b); or
(b) by 31 March 2014, if it is agri-environment measures under Article 2 (c) (2) or (3);
submit an application for an extension of the period of inclusion in the agri-environmental measure ("the extension application ') referred to in paragraph 2. An application for extension may not be submitted for agri-environment measures under Section 2 (c) (1).
(2) The application for extension shall be submitted by the applicant to the Fund by the Fund for the form for the calendar year concerned by 30 November of the fifth year of the relevant five-year period. In the event that the applicant fails to deliver an application for an extension within that period of the Fund, the period shall apply for inclusion in the agri-environmental measure in accordance with Article 3 (2).
(3) The Fund shall include the applicant in the extended period referred to in paragraph 1 upon application under paragraph 2.
§ 3c
Transfer of grassland classification
(1) If the applicant intends to change the classification as a submeasure of the treatment of grassland by meadow under § 2 (b). (b) point (1) in the title of pasture referred to in Article 2 (b) (7) may be done:
(a) only on the soil block, or part thereof, which is included in the title of meadow in the fifth year of the commitment under § 2 (b). (b) point (1) and at the same time more than 50% of the area is situated outside the specially protected territory (5), outside the protection zones of national parks (5) or outside the territory of the birds (5);
(b) only an application for an amendment to the classification submitted in the year immediately following that in which the applicant submitted an application for an extension pursuant to Article 3b (2).
(2) The amount to be reported in column 060 of this row: (b) the conditions for the submission of an application for amendment of the classification referred to in Article 5 (9) shall apply mutatis mutandis.
(3) The Fund shall decide, on the basis of a request for a change to the classification referred to in paragraph 1 (b), to include the applicant in the extended commitment period under Article 2 (b) (7). "
5. in Paragraph 4 (2) (e), including footnote 10:
"(e) in the case of uses of plant protection products, the applicant shall keep records (records) of the use of such products in accordance with the relevant European Union Regulation (10);
10) Article 67 (1) of Regulation (EC) No 1107 / 2009 of the European Parliament and of the Council of 21 October 2009 concerning the placing of plant protection products on the market and repealing Council Directives 79 / 117 / EEC and 91 / 414 / EEC. '
6. In Article 5, at the end of paragraph 1, the sentence "For the purposes of this Regulation, the implementation of a change in land register pursuant to § 3h or 3p of the Act shall not be considered to be an increase in the area of a single soil block or part thereof included in the agri-environmental measure."
7. In Article 5 (5) (f), the word "or 'is deleted.
8. in Article 5 (5) (g):
"(g) the loss of land use in the land register, but not more than 15% of the total area of agricultural land included in this measure in the decision referred to in Article 3 (4) in the case of the inclusion of the applicant by 2011 inclusive, or 10% of the total area of agricultural land included in that measure in the decision referred to in Article 3 (4) in the case of the inclusion of the applicant from 2012 onwards, unless otherwise provided for in this Regulation (Article 6 (5)); the reduction in the area referred to in points (a) to (f) and (h) shall not be taken into account; or ';
9. in Article 5 (5), the following point (h) is added:
"(h) the termination of the agri-environmental measure in the extended period of classification pursuant to Article 3b (1), but not more than 6% of the total area of agricultural land included in that measure in the decision referred to in Article 3 (4), where the extension of the commitment has been made by 2 years, or up to 3% of the total area included in that measure in the decision referred to in Article 3 (4), unless otherwise provided for in this Regulation (Article 6 (5)), shall not be taken into account for the reduction of the area referred to in points (a) to (g),"
10. In Article 6, at the end of paragraph 5, the dot is replaced by a comma and the following point (c) is added:
"(c) the area of agricultural land which may be subject to a reduction in the allocated area referred to in Article 5 (5) (h) during the remaining part of the relevant extended period as the sum of the amount of the amount not yet exhausted by the acquirer of the reduced area referred to in Article 5 (5) (h) and the proportion of the share by the transferor of the previously unused reduction limit referred to in Article 5 (5) (h) corresponding to the proportion of the allocated area transferred to the acquirer; the limit on the reduction of the area for the transferor shall be reduced accordingly. ';
11. At the end of paragraph 7, the sentence "Non-compliance by the transferor or acquirer referred to in Article 7 (5) or Article 9 (6) (a) or (b) as a result of the facts referred to in paragraphs 1 or 2 shall not be regarded as a breach resulting in a procedure under Paragraph 14 to 19 if the infringement lasts for a maximum period of 15 days before or after the date on which the transferor acquired the agricultural land in the land register."
12. Paragraph 6 (8) reads as follows:
"(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 shall be applied to the subsidy granted in the course of four calendar years in the case of five-year commitments, 5 calendar years in the case of six-year extended commitments and 6 calendar years in the case of seven-year extended commitments immediately preceding the year in which the infringement occurred; in the case of a finding of a breach of the condition of the agri-environmental measure concerned after the expiry of the relevant five-year period, the penalties shall apply to a subsidy granted for a maximum of five calendar years in the case of five-year commitments, six calendar years in the case of six-year extended commitments and seven calendar years in the case of seven-year extended commitments. ';
13. in Article 7 (5) (a), the words "31 July of the relevant calendar year" shall be replaced by the words "each day from 1 June to 31 August of the relevant calendar year (" the control period ")."
14. in Articles 7 (5) (b) and 9 (6) (a) and (b), the words "31 July of the relevant calendar year" shall be replaced by the words "each day in the control period."
15. In Article 7 (6), the words "applicant on 31 July of the relevant calendar year" shall be replaced by the words "applicant for the control period," the words "31 July of the relevant calendar year" shall be replaced by the words "applicant is required to indicate the number of horses kept in the category referred to in Annex 4 to this Regulation on 1 June of the relevant calendar year, and any further change in the number and category of horses kept in the control period," and the words "If not found otherwise on the spot, the number of horses kept on the farm referred to in paragraph 5 shall be used for the purposes of determining the stocking density referred to in Annex 4 to this Regulation on each day of the control period; the number and category of horses kept on the relevant date of the control period shall be deemed to correspond to the number and category of horses referred to on 1 June of the relevant calendar year and, where appropriate, to the date of the notified change of status immediately preceding the relevant date. ';
16. In Section 7, paragraphs 10 and 11 are added, including footnote 44:
"(10) An applicant applying for a subsidy for orchards must carry out:
(a) to the extent appropriate to the cultivation technology used, a regular cut to illuminate the crowns of fruit trees and fruit shrubs until 15 August of the relevant calendar year;
(b) regular milling or mulling of herbal cover, including by midline and by-pass belt, by 15 August of the relevant calendar year, provided that there is an herb cover on the soil block or part thereof, or a pasture with the trimming of the neoplasms, including the glassware in the intermediate line and the ancillary belt, by 15 August of the relevant calendar year, provided that the herb is covered on the soil block or part thereof.
(11) The applicant shall ensure, throughout the period of the obligation on the soil block and, where appropriate, part thereof in that title, or for which an application for inclusion in that title has been submitted and registered in the register of crops of fruit orchards on which no culture of fruit orchards existed before 1 October 2011,
(a) that the planted fruit trees and shrubs are planted with propagating material of the fruit tree or shrub variety in accordance with the Law on the circulation of seeds and seedlings (44), except for the rootstock;
(b) support for fruit trees for new planting;
(c) effective protection against the sieve of fruit trees.
44) Act No. 219 / 2003 Coll., on the putting into circulation of seeds and propagating plants and amending certain laws (Act on the circulation of seed and seed), as amended. '
17. in Article 9 (6) (c), the words "where the horse is kept on 31 July of the relevant calendar year" shall be replaced by the words "where the horse is kept during the control period" and the words "on 31 July of the relevant calendar year," shall be replaced by the words "where the horse is kept on 31 July of the relevant calendar year"; the applicant shall indicate the number of horses in the category referred to in Annex 4 to this Regulation on 1 June of the relevant calendar year, and any further change in the number and category of horses kept in the control period. Unless found otherwise by an on-the-spot check, the number of horses kept on the farm shall be used for the purpose of determining the stocking density referred to in points (a) and (b) of Annex 4 to this Regulation, 20), as converted into livestock units on each day of the control period; the number and category of horses kept at the relevant date of the control period shall be deemed to correspond to the number and category of horses referred to at 1 June of the relevant calendar year or, where appropriate, to the date of the notified change of status immediately preceding the relevant date; ';
18. in Article 13 (1) (b) and (e), the words "with a culture on which a subsidy may be requested under Article 7" shall be inserted after the words "parts."
19. in Paragraph 13 (5), the words "possibly in a vulnerable area within the territory defined pursuant to § 7 (5) of the first sentence of Government Decree No. 103 / 2003 Coll." shall be deleted;
20. in Article 14 (1) (a):
"(a) the title of organic farming in breach of:
1. the conditions laid down for organic farming under the Organic Farming Act (4), which resulted in the final imposition of a fine under the Organic FarmingAct (4) of up to CZK 20,000 including 33), if not the final imposition of a fine for infringement of the condition set out in Section 23 of the Organic Farming4),
2. the conditions referred to in § 7 (11) (b) or (c), the reduction of the subsidy shall apply only to the subsidy granted for the soil blocks or, where appropriate, to their parts with the culture of orchards classified in this title, '.
21. in Article 14 (2) (b) (2) and (3) and in Article 14 (2) (d) (1) and (2), the words "31 July of the relevant calendar year were" shall be replaced by "once in the control period" and the words "at that date" shall be deleted;
22. in Article 14 (2), the following point 4 is added at the end of point (b):
"4. a breach of the condition referred to in Article 7 (10) (a) or (b); the reduction of the subsidy applies only to the subsidy granted to soil blocks or parts with the culture of orchards included in this title, '.
23. in Paragraph 14 (3) (a):
"(a) when applying the title of organic farming
1. infringement of the condition laid down for organic farming under the Organic FarmingAct 4), which resulted in the final imposition of a fine under the Organic FarmingAct 4) of more than CZK 50 000 up to CZK 70 000 including 36), if not the final imposition of a fine for infringement under Section 23 of the Organic Farming4),
2. the infringement of the condition set out in Article 7 (5) (a) and at the same time the Fund established the intensity of livestock farming was twice over 0,16 inclusive in the control period and below 0,2 livestock units per hectare of grassland managed by the applicant and registered in the land register; the reduction of the subsidy applies only to the subsidy granted to the soil blocks or, where applicable, to their parts with a grassland culture covered by this title,
3. the infringement of the condition set out in Article 7 (5) (b) and at the same time the Fund established the intensity of livestock farming was twice over 1,5 and less than 1,8 including livestock units per hectare of agricultural land managed by the applicant and registered in the land register; the reduction of the subsidy applies only to the subsidy granted to soil blocks or, where applicable, to parts thereof with grass crop culture classified in this title, '.
24. in Paragraph 14 (3) (l), the words "the infringement of the condition in Article 10 (6) (b) shall also be deemed to have been committed after the first year of the five-year period concerned" shall be deleted.
25. In Article 14, at the end of paragraph 3, the dot is replaced by a comma and the following point (n) is added:
"(n) when applying for the treatment of grassland
1. the infringement of the condition set out in Article 9 (6) (a) and at the same time the Fund established the intensity of livestock farming was twice over 0,16 inclusive in the control period and below 0,2 livestock units per hectare of grassland managed by the applicant and registered in the land register at that date;
2. the infringement of the condition referred to in Article 9 (6) (b) and, at the same time, the Fund's finding of stocking density was twice over 1,5 and less than 1,8 including livestock units per hectare of agricultural land managed by the applicant and registered in the land register at that date. ';
26. in Paragraph 14 (5):
"(5) The subsidy in the relevant calendar year under the relevant agri-environmental measure calculated in accordance with Article 13 shall be reduced by 50% if the Fund is found by the applicant
(a) when applying the organic farming title:
1. the infringement of the condition set out in Article 7 (5) (a) and at the same time the Fund established the intensity of livestock farming was three times higher than 0,16 inclusive in the control period and below 0,2 livestock units per hectare of grassland managed by the applicant and registered in the land register; the reduction of the subsidy applies only to the subsidy granted to the soil blocks or, where applicable, to their parts with a grassland culture covered by this title,
2. the infringement referred to in Article 7 (5) (b) and the Fund's finding of stocking density was three times higher than 1,5 and less than 1,8 including livestock units per hectare of agricultural land managed by the applicant and registered in the land register; the reduction of the subsidy applies only to the subsidy granted to the soil blocks or, where applicable, to their parts with a grassland culture covered by this title,
3. infringement of the condition referred to in Article 7 (11) (a); the reduction of the subsidy applies only to the subsidy granted to soil blocks, or parts with a culture of orchards included in this title,
(b) when applying the title of integrated production of the infringement referred to in § 8 (5) (e), if eight applications referred to in § 8 (5) (e) (1) or (2) are identified,
(c) when applying for the treatment of grassland
1. the infringement of the condition set out in Article 9 (6) (a) and at the same time the Fund established the stocking density of livestock has been three times higher than 0,16 inclusive in the control period and below 0,2 livestock units per hectare of grassland managed by the applicant and registered in the land register at that date;
2. the infringement referred to in Article 9 (6) (b) and the Fund's finding of stocking density was three times higher than 1,5 and less than 1,8 including livestock units per hectare of agricultural land managed by the applicant and registered in the land register at that date. ';
27. in Articles 15 (c) (2) and (3) and 15 (e) (1) and (2), "31 July of the relevant calendar year" shall be replaced by "in the control period" and "at that date" shall be deleted;
28. In Article 15, the following points 4 and 5 are added at the end of point (c):
"4. the infringement referred to in Article 7 (5) (a) and the FUND found the stocking density of livestock has been four or more times over the control period, including 0,16, and less than 0,2 livestock units per hectare of grassland managed by the applicant and registered in the land register; the reduction of the subsidy applies only to the subsidy granted to the soil blocks or, where applicable, to their parts with a grassland culture covered by this title,
5. the infringement referred to in Article 7 (5) (b) and the Fund's finding of stocking density was four or more times over 1,5 and less than 1,8 including livestock units per hectare of agricultural land managed by the applicant and registered in the land register; the reduction of the subsidy applies only to the subsidy granted to soil blocks or, where applicable, to parts thereof with grass crop culture classified in this title, '.
29. in Article 15 (e), the following points 3 and 4 are inserted after point 2:
"3. the infringement referred to in Article 9 (6) (a) and the FUND found to have an animal husbandry intensity of four or more times in the control period of more than 0,16 inclusive and less than 0,2 livestock units per hectare of grassland managed by the applicant and registered in the land register at that date;
4. the infringement referred to in Article 9 (6) (b) and the Fund's finding of stocking density was four or more times in the control period higher than 1,5 and less than 1,8 including livestock units per hectare of agricultural land managed by the applicant and registered in the land register at that date, ';
Point 3 is renumbered point 5.
30. In Article 15, at the end of the text of point (o), the words "or infringement of the condition referred to in Article 10 (6) (b) has already been sanctioned for infringement of that condition in accordance with Article 14 (3) (l) 'are added.
31. in Paragraph 15 (r):
"(r) non-compliance with the condition referred to in Article 4 (2) (e), where non-compliance with the condition referred to in Article 8 (4) (a), Article 8 (5) (b), Article 8 (5) (e) or Article 8 (7) (d) is considered a breach of that condition."
32. After Paragraph 20, the following Section 20a is inserted:
„§ 20a
Extended liabilities
The provisions governing the five-year period shall apply mutatis mutandis to the extended period, the conditions laid down for the fifth year of the five-year period concerned being applied mutatis mutandis for the last year of the extended period, unless otherwise provided for in this Regulation. ';
33.

"Annex 6 to Government Decree No 79 / 2007 Coll.
Vegetables grown in the system of integrated arable production for the purpose of considering environmentally sound practices title of integrated production (§ 8)
Zelenina
BrokoliceOkurka setá
Brassica oleracea L. convar.Cucumis sativus L.
botrytis (L.) Alef. var.
cymosa Duch.
CelerPaprika roční
Apium graveolens L.Capsicum annuum L.
Cibule kuchyňskáPastinák setý
Allium cepa L.Pastinaca sativa L.
- jarní; - ozimá
Cibule sečka
Allium fistulosum L.
Česnek kuchyňskýPažitka pravá
Allium sativum L.Allium schoenoprasum L.
- jarní; - ozimý
Fazol obecnýPetržel zahradní kořenová
Phaseolus vulgaris L.Petroselinum crispum (Miller)
Nyman ex A. W. Hill convar.
radicosum (Alef.) Danert
Hrách zahradníPetržel zahradní naťová
Pisum sativum L. ssp.Petroselinum crispum (Miller)
hortensieNyman ex A. W. Hill convar.
vulgare (Nois) Danert
Kapusta hlávkováPór pravý
Brassica oleracea L. convar.Allium porrum L.
capitata (L.) Alef var.
sabauda L.
Ranost
- jarní; - ozimá
Kapusta růžičkováRajče
Brassica oleracea L. convar.Lycopersicon lycopersicum (L.)
oleracea var. gemmifera DC.Karsten ex Farw.
a) determinantní (keříčkové);
b) indeterminantní (tyčkové)
KedlubenŘedkvička
Brassica oleracea L. convar.Raphanus sativus L. var.
acephala (DC.) Alef. var.sativus
gongylodes
Kopr vonnýŘepa salátová
Anethum graveolens L.Beta vulgaris L. var. conditiva
Alef.
Kukuřice cukrováSalát
Zea mays L. sacharataLactuca sativa L. ssp.
KvětákŠpenát setý
Brassica oleracea L. convar.Spinacia oleracea L.
botrytis (L.) Alef. var.- jarní, podzimní, přezimovaný
botrytis L.Tykev
Cucurbita L.
Meloun vodníZelí hlávkové
Citrullus lanatus (Thunb.)Brassica oleracea L. convar.
Matsum et Nakaicapitata (L.)
Mrkev obecnáZelí pekingské
Daucus carota L.Brassica pekinensis (Lour.)
Rupr
Čekanka hlávkováŘedkev setá černá
Cichorium intybusRaphanus sativus var. niger
var. Foliosum Hegi)
34. Annex 11 shall read:

"Annex No 11 to Government Decree No 79 / 2007 Coll.
Maximum permitted nitrogen fertilisation limits per ha for growing vegetables in the context of environmentally sound practices (Section 8)
Maximum amount of nitrogen (N) available for each vegetable species
Druh zeleninyMaximální množství N v kg/ha
Brokolice170
Celer160
Cibule kuchyňská100
Cibule sečka100
Čekanka hlávková90
Česnek kuchyňský20
Fazol obecný55
Hrách zahradní40
Kapusta hlávková155
Kapusta růžičková130
Kedluben125
Kopr vonný45
Kukuřice cukrová70
Květák195
Meloun vodní205
Mrkev obecná170
Okurka setá95
Paprika roční80
Pastinák setý84
Pažitka pravá95
Petržel zahradní kořenová70
Petržel zahradní naťová100
Pór pravý100
Rajče80
Ředkev setá černá60
Ředkvička70
Řepa salátová70
Salát85
Špenát setý90
Tykev100
Zelí hlávkové215
Zelí pekingské130
35. Annex No 13 reads as follows:

"Annex No. 13 to Government Decree No. 79 / 2007 Coll.
Minimum number of sowing / planting per 1 ha of each vegetable species in the context of environmental procedures (Section 8)
Druh zeleninyVýsadba ksVýsev volněPoznámka
Brokolice30 00060 000 semen
Celer50 000
Cibule kuchyňská2,5 VJVJ = 250 000 semen
Cibule sečka4 VJVJ = 250 000 semen
Čekanka hlávková50 00050 000 semen
Česnek kuchyňský800 kg
Fazol obecný0,2 mil. semen
Hrách zahradní9 VJVJ = 100 000 semen
Kapusta hlávková30 00045 000 semen
Kapusta růžičková25 00050 000 semen
Kedluben80 000120 000 semen
Kopr vonný4 kg
Kukuřice cukrová1 VJVJ = 50 000 semen
Květák20 00030 000 semen
Meloun vodní5 000
Mrkev obecná0,8 VJVJ = 1 mil. semen
Okurka setá15 00025 000 semen
Paprika roční30 000
Pastinák setý25 0000 semen
Pažitka pravá50 000
Petržel zahradní kořenová0,8 mil. semen
Petržel zahradní naťová3 kg
Pór pravý120 000
Rajče50 00080 000 semen
Ředkev setá černá120 000 semen
Ředkvička1 mil. semen
Řepa salátová120 000 semen
Salát50 000
Špenát setý10 VJVJ = 100 000 semen
Tykev5 000
Zelí hlávkové25 00035 000 semen
Zelí pekingské40 000
VJ - seeding unit '.
Čl. II
Transitional provisions
1. The procedure for applications submitted pursuant to Government Regulation No 79 / 2007 Coll., as effective before the date of entry into force of this Regulation, which was not definitively terminated before the date of entry into force of this Regulation, shall be completed in accordance with the existing legislation.
2. When examining an application pursuant to Article 5 (9) of Government Regulation No 79 / 2007 Coll., if it is for an application submitted for the calendar year 2011 and for the preceding calendar years, submitted after the date of entry into force of this Regulation, Article 5 (5) (g) of Government Regulation No 79 / 2007 Coll., as effective by the date of entry into force of this Regulation, shall apply.
Čl. III
Efficacy
This Regulation shall enter into force on 1 October 2011.
Prime Minister:
RNDr. Netime v. r.
Minister for Agriculture:
Ing. Fuksa v. r.

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Regulation Information

CitationGovernment Regulation No 282 / 2011 Coll., amending Government Regulation No 79 / 2007 Coll., on the conditions for implementing agri-environment measures, as amended
Regulation TypeRegulation
Author-
CollectionCode of Laws
Date of Promulgation30.09.2011
Effective from01.10.2011
Effective until-
Status Valid
The regulation text is for informational purposes only.
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