Government Regulation No. 29 / 2016 Coll.
Government Regulation on the conditions for granting subsidies under forestry and climate and forest protection measures and amending certain related government regulations
Valid
Effective from 01.02.2016
Zobrazeno prvních 200 z celkem 379 ustanovení tohoto předpisu.
Zobrazit celý předpis →
Pro stažení celého znění použijte tlačítko Stáhnout výše.
29
GOVERNMENT REGULATION
of 18 January 2016
on the conditions for granting subsidies under forestry, environmental, climate and forest protection measures and amending certain related government regulations
The Government mandates pursuant to § 2c (5) of Act No. 252 / 1997 Coll., on Agriculture, as amended by Act No. 128 / 2003 Coll., Act No. 85 / 2004 Coll., Act No. 291 / 2009 Coll. and Act No. 179 / 2014 Coll., 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., Act No. 291 / 2009 Coll. and Act No. 179 / 2014 Coll.:
CONDITIONS FOR SUBSIDY UNDER THE FOREIGN-ENVIRONMENTAL AND CLIMATIC SERVICES AND FOREIGN PROTECTION MEASURES
Subject matter
This Regulation regulates the conditions for granting subsidies under forestry, environmental, climate and forest conservation measures following the directly applicable European Union1.
Forest-environmental, climate and forest protection measures
Forest-environmental and climate service measures and forest protection shall consist of the following:
(a) the maintenance of the crop type of the economic population; and
(b) the protection and reproduction of the gene pool of forest trees.
Application for inclusion in the sub-measure under forestry, environmental, climate and forest protection measures
(1) An application for inclusion in the sub-measure referred to in Article 2 (a) or (b) (hereinafter referred to as "the application for inclusion") is submitted for a commitment period of 5 years. This period shall begin on 1 January of the first year of the commitment and shall expire on 31 December of the fifth year of the commitment ("the undertaking ').
(2) The owner, the tenant, the borrower or the smuggler of the forest or their association which undertakes to carry out one or more of the commitments referred to in paragraph 1 (hereinafter referred to as "the applicant ') may be included in the sub-measure referred to in Article 2 (a) or (b) on the area of the crop group of not less than 0,04 ha2.
(3) The application for inclusion shall be submitted by the applicant to the Fund by the Fund for the form issued by 15 May of the first year of the commitment at the latest.
(4) The application for inclusion shall include:
(a) a plot of the classified area of the crop group on the map of 1: 10 000 scale or more,
(b) a lease or smelting contract or an economic or borrowing contract concluded with the owner or with the co-owners of more than half of the joint ownership shares enabling the undertaking referred to in paragraph 1 to be fulfilled if the applicant is not the owner or the co-owner of more than half of the joint ownership shares;
(c) the written consent of the owner or co-owners of the majority of the co-ownership shares with the inclusion in the sub-measure referred to in Article 2, if the applicant is not the owner or the co-owner of the majority of the co-ownership shares; and
(d) a statement by the forest operator of the facts referred to in Article 4 on the Fund issued by the form (hereinafter referred to as "the forest operator's certificate").
(5) The Fund shall decide to include the applicant in the sub-measure referred to in Article 2 if the conditions laid down in this Regulation are met.
(6) During the period from the date of submission of the application for inclusion until the date of inclusion of the applicant in the sub-measure referred to in paragraph 5, the area of the listed crop group may not be changed in the application for inclusion.
(7) If the applicant requests exclusion under Paragraph 2, the Fund shall exclude the applicant and if, on the basis of the application under Section 7, the Fund has been granted a subsidy, the Fund shall decide on its recovery under Section 13.
(8) An application for inclusion cannot be submitted to the Fund for a period beginning in 2021 and thereafter.
Modification of the crop group at inclusion
(1) The applicant will only change the plot of the boundaries of the grassroots groups because of their precision in view of the actual operation of those boundaries in the field.
(2) Where the area of the assigned crop group differs from that of the crop group in the forestry plan or the forestry economy3) (hereinafter referred to as the plan or outline)
(a) by a maximum of 15%, the applicant shall take into account this change when classifying the crop group; or
(b) by more than 15% and not more than 100%, the applicant shall take into account, in the classification of the crop group, this change with the confirmation of the forest operator, which shall further confirm that it is the whole crop group.
(3) If the area of the assigned crop group differs from that of the crop group in the plan or outline by more than 100%, the fund shall not place the crop group.
(4) Where at least 95% of the area included in the crop group is located within a crop group of a plan or outline, increased by a 20-metre belt surrounding that crop group (hereinafter referred to as "the belt '), the Fund shall include such crop group. If the growing group does not meet this condition of positional accuracy, but at least 95% of the area is located within the crop group of a plan or outline, increased by a 50-metre belt, it may be included only with the confirmation of the forest operator, which at the same time confirms that it is the whole crop group.
(5) If not at least 95% of the area of the classified crop group within the crop group is covered by a plan or outline, increased by a 50-metre belt, the Fund shall not place such crop group.
(6) Where the assigned crop group fulfils the condition of positioning accuracy referred to in paragraph 4 and there is no penetration with the crop group of the plan or outline, that crop group may only be included with the confirmation of the forest manager who further confirms that it is the same crop group.
(7) There can be no overlay of one applicant's grassroots groups at inclusion. If the area covered by the crop group interferes with the area covered by another applicant's crop group, the crop group may be included and the Fund shall not grant the subsidy on the overlay area. In the case of overlay of a grassland group with a soil block kept in the register of the use of agricultural land according to user relations under the Agriculture Act, the fertilisation group may be included and the Fund shall not grant a subsidy to the overlay area.
Conditions for inclusion in the sub-measure of conservation of the agricultural type of economic population
(1) Only one application for inclusion in the sub-measure referred to in Article 2 (a) may be submitted annually by the applicant.
(2) The sub-measure referred to in Article 2 (a) may include the entire crop group (3) on forest land (3) in the territory of the Czech Republic, which at least 50% of its area lies in the territory of Natura 20004) or in the specially protected area (4), and on which the title of conservation of the economic file according to Government Decree No. 147 / 2008 Coll., is not applied, setting the conditions for granting subsidies for the conservation of the forest crop economic file under the Natura 2000 measure in the forests.
(3) The sub-measure provided for in Article 2 (a) cannot include an applicant who is a State contribution organisation, an organisational component of a State or a State enterprise.
(4) The following conditions may be included in the sub-paragraph of Article 2 (a):
(a) belong to one of the supported crop types of the economic file (5) set out in the Annex to this Regulation; and
(b) reaches the age of at least the beginning of the recovery period, which shall be calculated as the difference between the period of recovery and the half of the recovery period (5); in the case where the approval period referred to in the plan or outline is higher than the upper limit of the approval period referred to in the Annex to this Regulation, the upper limit of the approval period shall be used for the assessment of compliance with this Regulation,
(hereinafter referred to as "the elected meeting ').
(5) In the case of a multi-ethic crop group, the average census value of the selected ethate, or the sum of the census values of the selected ethates, shall be at least five) on the whole area of the crop group.
(6) The applicant shall have a valid plan or outline for the crop group which it intends to include in the subsection referred to in Article 2 (a), stored in digital form in the Institute for the Economic Treatment of Forests (hereinafter referred to as the "Data Warehouse '). If in the first year of validity of the plan or outline, the applicant does not have a valid plan or outline in the data warehouse, the group may be classified on the basis of the dates of the previous plan or outline.
(7) An applicant in the field must clearly identify the boundaries of the growing group which are not clearly identifiable.
Conditions for inclusion in the sub-scheme for the protection and reproduction of the gene pool of forest trees
(1) Only one application for inclusion in the sub-measure referred to in Article 2 (b) may be submitted annually by the applicant. The largest total area allocated per applicant is 1 000 ha for all applications submitted for inclusion under this sub-measure for the entire programming period.
(2) The subsection referred to in § 2 (b) includes the whole crop group (3) on forest land (3) on the territory of the Czech Republic, which is recognised as a source of selected reproductive material, namely:
(a) phenotypic class A for all forest trees listed in Annex 2 to Decree No 393 / 2013 Coll., on lists of forest species; or
(b) phenotypic class B for all forest trees listed in Annex 2 to Decree No. 393 / 2013 Coll., except for spruce, pine trees and redfish.
(3) The growing group which is the subject of the application for inclusion must be included in the National Programme for the Protection and Reproduction of the Genomic Fund of Forestry (6) or the applicant has submitted an application for inclusion in the National Programme for the Protection and Reproduction of the Genomorial Fund of Forestry (6) and is kept in the central register of forest reproductive material (7).
(4) The applicant shall have a valid plan or outline for a growing group which it intends to include in the subsection referred to in Article 2 (b), stored in digital form in a data warehouse. If in the first year of validity of the plan or outline, the applicant does not have a valid plan or outline in the data warehouse, the group may be classified on the basis of the dates of the previous plan or outline.
(5) The field applicant must clearly indicate the boundaries of the crop group which are not clearly identifiable.
Application for subsidy
(1) Applications for grants for the calendar year in question shall be submitted annually by the applicant for the duration of the Fund's commitment to the Fund by the Fund issued by the form, no later than 15 May 8) of the calendar year for which the grant is to be granted.
(2) If the application for grant is received after the period referred to in paragraph 1, the Fund shall not grant the grant in full or reject the application for grant under the conditions laid down in Article 13 of Commission Regulation (EU) No 640 / 2014.
(3) At the same time as the application for grant referred to in paragraph 1 is received, the applicant shall deliver a single application form indicating all the area under its management in accordance with the directly applicable provisions of the European Union governing the financing, management and monitoring of the common agricultural policy9).
(4) The applicant who has submitted an application for inclusion in the sub-measure referred to in Article 2 (a) shall indicate in the application for grant
(a) unequivocal identification3) of the selected ethnicity;
(b) the area of the grassland group indicated in the application for classification for which it applies for the grant;
(c) data from the plan or outline; and
(d) in the case of renewal, an indication of the renewal carried out.
(5) The applicant who has submitted an application for inclusion in the sub-measure referred to in Article 2 (b) shall indicate in the application for subsidy:
(a) unequivocally identified3) a growing group meeting the conditions set out in Article 6 (2);
(b) the area of the crop group referred to in the application for classification for which it applies for the grant; and
(c) data from the plan or outline.
(6) Any amendment to the application for grant under the conditions laid down directly by the applicable European Union20) shall be transmitted by the applicant to the Fund by 31 May of the relevant calendar year using the form issued by the Fund.
Conditions for granting the subsidy
(1) Subsidies for forestry, environmental, climate and forest protection measures shall be granted if:
(a) the applicant is included in the sub-measure referred to in Article 2 and that sub-group is also included in the application for inclusion;
(b) the Fund has not identified a breach of the condition of sub-measure referred to in Article 2 for the applicant in the relevant calendar year resulting in a reduction, non-grant or reimbursement;
(c) the boundaries assigned to the crop groups are visibly marked in the field, unless they are clearly identifiable, for the entire duration of the undertaking referred to in Article 3 (1);
(d) the applicant shall operate, in accordance with the cross-compliance rules laid down in the Government Regulation governing cross-compliance rules for farmers throughout the calendar year, on soil blocks or parts thereof kept in the land register and on grassland groups kept in the register of forest spatial distribution units to the applicant; and
(e) the applicant shall, throughout the duration of the undertaking, have a plan or outline for the assigned crop group stored in digital form in a data warehouse.
(2) The sub-measure subsidy provided for in Article 2 (a) is granted if:
(a) in the selected rotation of the crop group or in the context of the possible renewal of the selected rotation of the crop group, the included crop type of the economic group shall be maintained throughout the duration of the undertaking; the grant shall be granted even if there is a change in accordance with Paragraph 11 (9) or a change in plan or outline to a change in the crop type - code 8 to another supported crop type of the economic file;
(b) in the case of the renewal of the selected ethic in the growing group, the representation of the main trees characteristic of the crop type shall be respected at least 50%, or the forest shape of the low forest (5), at the latest at the time when the subsequent growing is ensured (10); where the main wood material is represented or the total of the main wood material as referred to in the Annex to this Regulation is at least 50%, it shall be the predominant representation;
(c) in the case of the renewal of the selected ethnicity in the growing group, the representation of the main trees characteristic of the crop type of at least 50% or the forest shape of the low forest (5), as set out in the Annex to this Regulation, shall be respected by 31 October of the last year of the commitment in the renewed ethnicity; and
(d) in the case of a multi-ethane crop group, the average census value of the selected ethate or the sum of the census values of the selected ethanes, at least five values (3) on the whole area of the crop group; This condition shall not apply if renewal is carried out in the chosen era.
(3) The main trees characteristic of the crop types are set out in the Annex to this Regulation. When checking, the main trees characteristic of the crop types of economic files shall be taken into account only in the case of restocking.
(4) The sub-measure subsidy provided for in Article 2 (b) is granted if the applicant:
(a) at least once during the duration of the commitment, the crop group shall carry out the collection of reproductive material by sound technology, which shall be considered to be the collection of reproductive material from standing trees using a non-damaging process and seed material; the collection shall be carried out no later than the end of the fifth year of the commitment;
(b) make a notification of the collection of reproductive material carried out in accordance with (a) on a form issued by the Fund authorised by the person (12) at least 15 days before the collection of the reproductive material, the exact date of collection shall be notified by the applicant to the person responsible at least 2 working days in advance,
(c) has, for the entire duration of the commitment, the relevant crop group included in the National Programme for the Protection and Reproduction of the GeneFund of Forestry 6), or has applied for its inclusion; and
(d) it has, throughout the duration of the undertaking, the relevant crop group kept in the central register of forest reproductive material (7).
(5) The Fund will not grant a subsidy for forestry and climate action and forest protection measures to a growing group located in the territory of the capital city of Prague.
Grant rate
(1) The subsidy rate is:
(a) EUR 183 / 1 ha of the subgroup included in the subgroup referred to in Article 2 (a);
(b) EUR 74 / 1 ha of the subgroup included in the sub-measure referred to in Article 2 (b).
(2) The amount of the sub-measure subsidy referred to in Article 2 of the Fund shall be calculated as the product of the area of the crop group to which the subsidy is granted under the relevant sub-measure referred to in Article 2 and the rates fixed in accordance with paragraph 1.
(3) The Fund will grant a subsidy in the currency of the Czech Republic; the subsidy rate referred to in paragraph 1 shall be converted at the exchange rate published in the last Official Journal of the European Union on 31 December of the calendar year preceding the year for which the subsidy is granted. If the exchange rate is not fixed at that date, the nearest previous exchange rate shall be used.
Change in area of the crop group
(1) If, during the duration of the undertaking, the applicant intends to include a new crop group in the sub-measure referred to in Article 2, it shall submit a new application for inclusion in the new undertaking to that plant group. The implementation of the conditions shall be assessed separately for the new crop group included in the new commitment.
(2) If the applicant demonstrates that during the duration of the undertaking referred to in Article 3 (1) there has been a reduction in the area of the crop group included in the sub-measure referred to in Article 2,
(a) restitution or property settlement with churches and religious societies 13),
(b) the implementation of the land modification (14);
(c) intervention of a higher power (15);
(d) the establishment of a public interest building (16);
(e) the restoration of the cadastral operator (17), if not carried out on the basis of the results of the land modification; or
(f) amending the definition of Natura 20004 or specially protected territories (4);
The Fund shall provide the applicant with a subsidy for the calendar year in which the area of the crop group has been reduced, taking into account the reduced area. In subsequent years, the Fund shall grant a subsidy corresponding to the reduced area of the grassland group.
(3) If, during the duration of the commitment referred to in Article 3 (1), the applicant changes the area of the crop group included in the sub-measure referred to in Article 2 on the basis of factors other than those referred to in paragraph 2, the Fund shall grant the grant to the modified area and, in the event of a reduction of the area, decide to refund the subsidy to the area for which the original area has been reduced.
(4) If, during the duration of the undertaking referred to in Article 3 (1), the applicant is subject to a change in the area of the crop group included in the sub-measure referred to in Article 2 compared to the plan or outline applicable at the time of the first inclusion of the crop group
(a) not more than 15%, the Fund shall, on application for a subsidy in which the applicant indicates the area to be changed, grant the subsidy to that area and, in the event of a reduction in the area, decide to refund the subsidy to the area to which the original area has been reduced;
(b) by more than 15% and not more than 100%, and the applicant to the Fund shall deliver the certified forest operator referred to in paragraph 9, the Fund shall, on application for a subsidy in which the applicant indicates the area to be changed, grant the subsidy to that area and, in the event of a reduction of the area, decide to refund the area to which the initial area has been reduced; or
(c) by more than 100%, the Fund shall decide on the exclusion of the crop group from the sub-measure referred to in Article 2 and shall decide on the reimbursement of the subsidy granted on the area covered by the entire crop group for which the condition has been violated.
(5) If, during the duration of the undertaking referred to in Article 3 (1), the applicant is subject to a change in the area of the crop group included in the sub-measure referred to in Article 2, compared to the plan or outline applicable at the time of the first inclusion of the crop group, in such a way that:
(a) the crop group is situated at least 95% of the area within the crop group from a plan or outline, increased by a 20-metre belt, the Fund grants a subsidy to the applicant on the basis of an application for a subsidy in which the applicant indicates the area to be changed,
(b) the crop group does not comply with the condition of positional accuracy referred to in (a), but at least 95% of the area is located within the crop group of a plan or outline, increased by a 50-metre belt, and the applicant to the Fund shall deliver a certificate from the forestry operator referred to in paragraph 9, the Fund shall, on application for a subsidy in which the applicant indicates the modified area, grant a subsidy to that changed area; or
(c) at least 95% of the area of the crop group is not part of the plan or outline, increased by a 50-metre belt, the Fund shall decide to exclude the crop group from the sub-measure referred to in Article 2 and to refund the subsidy granted to the area covered by the entire crop group for which the condition has been violated.
(6) If, during the duration of the undertaking referred to in Article 3 (1), the applicant changes the area of the crop group included in the sub-measure referred to in Article 2 in such a way that the included crop group fulfils the conditions of paragraph 5 (a) or (b) and there is no penetration with the crop group from the plan or outline in force at the time of the first inclusion, that crop group may be classified only with the certified forest operator referred to in paragraph 9.
(7) When the inclusion is changed, there can be no overlap between the grassland groups of one applicant. If the area of the grassland group on the change of classification interferes with the area of the grassland group of another applicant, an application for a change of classification may be submitted to the grassland group and the Fund shall not grant a subsidy to the overlay area. In the case of overlay of a grassland group with a soil block kept in the register of the use of agricultural land according to user relations under the Agriculture Act, an application may be submitted to the grassland group for a change in classification and the Fund shall not grant a subsidy to the overlay area.
(8) The applicant shall submit to the Fund an application for a change in classification if the change in the area of the crop group included in the sub-measure referred to in Article 2 has occurred as a result of the facts referred to in paragraph 2 or 3 by the next 15 May, but not later than the submission of the application for the subsidy. If an application is submitted after that date, the Fund shall reject it. These deadlines do not apply to notification of intervention by higher power (15).
(9) The applicant shall, with the application for a change of classification, provide evidence to the expert forest operator that the newly assigned changed area of the crop group complies with the conditions laid down in paragraph 4 (b), paragraph 5 (b) and paragraph 6, and that it is identical to the area of the whole crop group on the ground. The applicant shall provide a visible indication of the border of the newly assigned area of the grassland group in the field if they are not clearly identifiable. If the applicant fails to provide confirmation of the forest manager or if the on-the-spot check finds that the whole crop group has not been included, the fund shall exclude the crop group from the sub-measure referred to in Article 2 and decide to refund the subsidy granted to the area covered by the whole crop group.
(10) The Fund shall decide, on the basis of a request for a change of classification submitted pursuant to paragraphs 2 and 3, to be included in the sub-measure referred to in Article 2, taking into account the change of area. Where an applicant submits an application for a change to the classification in which it reduces the area referred to in paragraph 2 or 3 classified in the sub-measure referred to in paragraph 2, the Fund shall decide to exclude the applicant from the sub-measure referred to in paragraph 2; any obligation to return the subsidy or part thereof shall not be affected.
Changes in the classified crop group
(1) In the event of a change in the identification of the classified crop group, the applicant shall submit to the Fund, no later than the following year after the first year of the new plan or outline, a request for a change of classification indicating both the original identification and the identification from the new plan or outline which the applicant has submitted in digital form to the data warehouse; The Fund shall decide, on the basis of a request to amend the classification, to change the classification of the sub-measure referred to in Article 2, taking into account the notified change of identification.
(2) If, in the first year of the plan or outline, the applicant has not submitted an application for a change to the classification referred to in paragraph 1, the Fund shall, in the first year of the plan or outline, not take into account changes relating to the plan or outline. Any obligation to return the subsidy or part thereof shall not be affected.
(3) If, on the basis of a change in the plan or outline, there is a merger of crop groups with the same year of commitment or division of the crop group, the Fund shall decide, on the basis of a request for a change in the classification, to change the classification of the sub-measure referred to in Article 2 and grant a subsidy to the area of the newly created crop group, or the sum of the areas of the newly created crop groups, with an identification from the new plan or outline referred to in paragraphs 1 and 2 and Article 10 (2) to (10). If the FUND finds that the specified crop groups with the same year of commitment or sub-measure under § 2 (a) have not been merged, the FUND shall exclude the newly created crop group from the sub-measure under § 2 and the applicant shall recover the subsidy granted to the area of the entire crop group to which the condition has been infringed.
(4) Where the assigned crop groups are merged or the assigned crop groups as referred to in paragraph 3 are divided, the area and spatial tolerances referred to in Article 10 (4) to (6) shall be assessed for territorial change as a whole. Territorial change shall always be assessed against the plan or schedule in force at the time of the first inclusion.
(5) The applicant shall submit to the Fund an application for a change to the classification referred to in Article 10 (8) no later than the year following the year of receipt of the results of the check in the case of an on-the-spot check of the non-compliance of the crop group with the classification referred to in Article 3 (5), and such non-compliance
(a) form a belt of more than 3 metres wide at the border of the crop group; or
(b) the spatial difference between the area classified by the crop group and the area found by the on-the-spot check shall be greater than 100 m2 for each sub-area.
(6) The Fund shall decide on the exclusion of the crop group from the sub-measure referred to in Article 2 and the reimbursement of the area subsidy of the included crop group if the applicant does not submit a request for a change of classification on the grounds referred to in paragraph 5 or fails to take into account such non-compliance in any subsequent application for a change of classification, for the duration of the plan or outline.
(7) Where an applicant is required to submit an application for a change to the classification referred to in paragraphs 1 and 5, he shall only submit an application for a change to the classification referred to in paragraph 1.
(8) The applicant shall also take into account, in the application for a change to the classification referred to in paragraph 5, the reduction in the area of the crop group which occurred after an on-the-spot check has been carried out.
(9) In the event of a change in the crop type of the economic file, the applicant shall submit to the Fund by 15 May an application for an amendment to the classification indicating the new crop type of the economic file. Where the change in the type of crop group chosen by the crop group in the sub-measure referred to in Article 2 (a) is made to another supported crop type of economic group in order to maintain or achieve a favourable status of the conservation object in the Natura 2000 areas or specially protected areas, it shall be confirmed by a professional forestry operator and a consistent opinion of the local competent nature conservation authority.
(10) The applicant shall not be obliged to proceed in accordance with the second sentence of paragraph 9 in the case of a change in the copilot type - code 8 to another supported crop type of the economic file when the plan or outline is changed.
Reduction or non-grant
(1) If the Fund finds that the applicant has infringed the condition to ensure the visible marking of the border of the livestock group referred to in § 8 (1) (c) or § 10 (9), it will reduce the subsidy for the sub-measure referred to in § 2 for the relevant calendar year, calculated in accordance with § 9, by 3%.
(2) If the Fund finds that the applicant has not fulfilled the condition set out in Article 7 (3) and the difference between the total area indicated in the single application 18) and a summary of the total area indicated in the single application and the single application not declared;
(a) more than 3% but less than or equal to 4% of the area covered by the single application, reduce the subsidy by 1% 19),
(b) higher than 4% but less than or equal to 5% of the area covered by the single application, reduced the subsidy by 2% 19),
(c) higher than 5% of the area indicated in the single application, reducing the subsidy by 3% 19).
(3) If the Fund finds that the applicant has infringed the condition set out in Article 8 (4) (a) by not collecting at least one reproductive material from non-harmful trees by the end of the fifth year of the relevant commitment, it shall not grant a subsidy to the applicant for the assigned crop group for which it has infringed that condition for the relevant calendar year.
Recovery and decommissioning
(1) If the Fund finds that, during the duration of the undertaking, the condition laid down in Article 8 (1) (e) has been infringed, the Fund shall exclude the group from the sub-measure referred to in Article 2 and decide to refund the subsidy granted to the entire crop group for which that condition has been infringed.
(2) If the Fund finds that, during the duration of the undertaking, the condition laid down in Article 8 (2) (a) has been infringed and, in the absence of a change in the type of crop group within the limits of the list set out in the Annex to this Regulation, the Fund will exclude the crop group from the sub-measure referred to in Article 2 (a) and decide to refund the subsidy granted to the area of the whole crop group to which this condition has been infringed.
(3) If the Fund finds that, during the duration of the undertaking, the condition laid down in Article 8 (2) (b), (c) or (d) has been infringed, the Fund will exclude the sub-measure referred to in Article 2 (a), and decide to refund the subsidy granted to the entire crop group for which that condition has been infringed.
(4) If the Fund finds that, during the duration of the undertaking, a minimum of 1 condition has been infringed pursuant to Paragraph 8 (4), the Fund shall exclude the sub-measure referred to in Paragraph 2 (b) and decide to refund the subsidy granted to the entire sub-group for which that condition has been infringed.
(5) The Fund will not decide to repay the subsidy if the applicant fails to fulfil the obligation under Article 3 (1) as a result of:
(a) restitution or property settlement with churches and religious societies 13),
(b) the implementation of the land modification (14);
(c) the implementation of the construction in the public interest (16);
(d) the restoration of the cadastral operator (17), unless it has been carried out on the basis of the results of the land modification; or
(e) an amendment to the definition of Natura 20004 or specially protected territories (4).
(6) If the Fund finds a breach of the condition of the sub-measure referred to in Article 2 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 4 calendar years immediately preceding the year in which the infringement occurred; in the event of a breach of the condition of sub-measure provided for in Article 2 after the end of the relevant five-year period, the reimbursement of the subsidy shall be applied to a maximum subsidy of 5 calendar years.
Transition of inclusion
(1) If the natural person who is an applicant ceases to operate or the legal person who is an applicant ceases to exist without liquidation, and the legal successor of that person, the new owner, the new tenant, the new borrower or the new smuggler of forest land previously managed by the applicant (hereinafter referred to as "the acquirer ') shall notify the FUND of the form issued no later than 30 calendar days from the date of the transfer of forest land previously operated by the applicant to the acquirer and shall undertake in writing to continue fully the fulfilment of the conditions of the relevant supervision provided for in Section 2, this shall not be considered as non-compliance with the conditions laid down for the relevant consideration in Section 2.
(2) If, as a result of the transfer or transfer, hire or hire-purchase of part or all of the commercial plant, the applicant has, during the relevant commitment, reduced the area to which the subsidy is granted under the relevant sub-measure, and the acquirer of part or all of the commercial plant has notified the Fund of the FUND issued by the FUND no later than 30 calendar days after the date of transfer of the forest land previously managed by the applicant to the acquirer and has undertaken in writing to continue to fulfil the conditions of the relevant sub-measure in accordance with Article 2 for the non-transferred part of the commercial establishment, the fund for reduction, non-grant or reimbursement of the subsidy shall not be decided in writing.
(3) If the acquirer undertakes in writing to continue to fulfil the conditions of this sub-measure on the acquired area of forest land referred to in paragraph 1 or 2, it shall no longer submit a new application for inclusion; It shall, however, notify the Fund of the Fund in respect of the Fund issued by the form indicating the area of the crop group included in that sub-measure, and the Fund shall set out in the new classification decision the remainder of the period during which the acquirer will be included in that sub-measure.
(4) Where the acquirer has undertaken in writing to continue fully to fulfil the conditions of the relevant sub-measure on the acquired forest land referred to in paragraph 1 or 2 and if, during the period for which the original applicant or the acquirer has been included in the relevant sub-measure, the Fund has decided to return the proportion of the subsidy to the acquirer for the period for which the original applicant or acquirer has been included.
Common provisions
(1) Only one applicant may be included in a single crop group under the sub-measure referred to in Article 2.
(2) Where the conditions laid down in this Regulation have not been complied with as a result of intervention by a higher power (15), the provisions of § 12 (1) or (2) or § 13 (1) to (3) shall not apply.
(3) The growing groups which were included in the title of the maintenance of the economic file under Government Decree No. 147 / 2008 Coll. cannot be included in the sub-measure referred to in § 2 (a).
(4) In calculating the figures under this Regulation, the Fund will apply mathematical rounding to 2 decimal places. For inclusion, mathematical rounding shall be applied to the whole number and to the total percentage of wood.
Time limits for submission of applications in 2020
(1) For 2020, the application for inclusion referred to in Article 3 (3) may be submitted to the Fund by 15 June 2020.
(2) For 2020, the application for grant referred to in Article 7 (1) may be submitted to the Fund by 15 June 2020.
(3) If, for 2020, a request for subsidy is received after the deadline referred to in paragraph 2, Paragraph 7 (2) shall apply mutatis mutandis.
(4) For 2020, the application for a change of classification under Article 10 (8) or Article 11 (9) may be submitted to the Fund by 15 June 2020.
Transitional provisions
(1) An applicant intending to submit an application for inclusion pursuant to Article 3 in 2016 shall deliver the application to the Fund by 15 March 2016 for an undertaking starting in 2016.
(2) Article 8 (4) (c) shall not apply in the first year of the commitment.
Amendment of the Government Regulation on the conditions for granting subsidies for the conservation of the forest-based economic population under the Natura 2000 measure in forests
Government Regulation No. 147 / 2008 Coll., on the establishment of the conditions for the grant of subsidies for the conservation of the economic population of forest land under the Natura 2000 measure in forests, as amended by Government Regulation No. 51 / 2009 Coll., Government Regulation No. 83 / 2009 Coll., Government Regulation No. 480 / 2009 Coll., Government Regulation No. 369 / 2010 Coll., Government Regulation No. 106 / 2012 Coll., Government Regulation No. 448 / 2012 Coll., Government Regulation No. 76 / 2013 Coll., Government Regulation No. 400 / 2013 Coll., Government Regulation No. 400 / 2014 Coll., Government Regulation No. 308 / 2014 Coll., Government Regulation No. 113 / 2015 Coll., is amended as follows:
1. in Articles 2 (3) (a), 4 (3) (d), 8 (2) and 9 (1), the words "No 1" shall be deleted;
2. in Article 3 (3), point (d) shall be deleted;
Point (e) shall be renumbered as point (d).
3. in Article 3 (3) (d):
"(d) a plot of the area of the selected crop group in the map of 1: 10 000 scale or more."
Sign in for notes, favorites and notifications
Regulation Information
| Citation | Government Regulation No. 29 / 2016 Coll., on the conditions for granting subsidies under forest-environmental, climate and forest protection measures and amending certain related government regulations |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 29.01.2016 |
|---|---|
| Effective from | 01.02.2016 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
Comments 0