Decree No. 308 / 2004 Coll.
Government regulation on certain conditions for the granting of subsidies on afforestation of agricultural land and on the establishment of crops of fast growing timber on agricultural land intended for energy use
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Regulation
Effective from 24.05.2004
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308
GOVERNMENT REGULATION
of 5 May 2004
laying down certain conditions for the granting of subsidies on the afforestation of agricultural land and on the establishment of crops of fast growing timber on agricultural land intended for energy use
The Government orders pursuant to § 2c paragraphs 5 and 6 of Act No. 252 / 1997 Coll., on Agriculture, as amended by Act No. 128 / 2003 Coll. and Act No. 85 / 2004 Coll., (hereinafter referred to as "the Act"):
INTRODUCTORY PROVISIONS
Subject matter
This Regulation lays down the conditions for granting subsidies under a programme to promote the afforestation of agricultural land and a programme to promote the establishment of crops of fast-growing timber on agricultural land intended for energy use (hereinafter referred to as "the crop of fast-growing timber '), the adaptation of which by the immediately binding legislation of the European Community1) (hereinafter referred to as" European Communities') requires or permits implementation.
Definition of terms
For the purposes of this Regulation:
(a) afforestation of agricultural land by planting on land maintained in the register of use of agricultural land according to user relations (Sections 3a to 3i of the Act) (hereinafter referred to as "the register") and subsequent care of the forest area thus created in order to ensure it according to the afforestation project in accordance with specific legislation, 2)
(b) the establishment of a crop of fast-growing timber by planting on the agricultural parcel kept in the register according to the project of establishing a crop of fast-growing timber such as:
1. the production of rapidly growing trees; or
2. reproductive crops of fast growing trees.
AGRICULTURAL SOURCES SUPPORT PROGRAMME
Subsidy under the programme to promote afforestation of agricultural land
(1) Subsidy under the programme to promote afforestation of agricultural land shall be granted subject to compliance with the conditions laid down in this Regulation.
(a) the setting-up of forestry (hereinafter referred to as afforestation);
(b) forest management (hereinafter referred to as "management") for a period of 5 years after its establishment, starting from the year of afforestation;
(c) in the form of a refund for the cessation of agricultural production on a wooded agricultural parcel (hereinafter referred to as "the refund") for a period of 20 years after its establishment, starting from the year of afforestation.
(2) Subsidies for care referred to in paragraph 1 (b) and compensation referred to in paragraph 1 (b). (c) the agricultural parcel concerned shall be granted, provided that the grant referred to in paragraph 1 (a) has been granted, unless otherwise provided for in this Regulation.
(3) Subsidies for care referred to in paragraph 1 (b) and compensation referred to in paragraph 1 (b). (c) shall not be granted to a municipality, an association of municipalities, a county, a State or a region or a legal person whose capital is at least 50% owned by a municipality, a association of municipalities, a region or a State.
Application for inclusion in the programme to promote afforestation of agricultural land and application for a subsidy for afforestation
(1) An application for inclusion in a programme to promote afforestation of agricultural land (hereinafter referred to as "application for inclusion") shall be submitted by the applicant who:
(a) is
1. owner of the land for afforestation kept in the register;
2. the association of owners of the land for afforestation, kept in the register, if it is an association with legal personality; or
3. Co-owner of an agricultural parcel intended for afforestation, kept in the register, subject to the written consent of a majority of the co-owners,
(b) meets the conditions laid down in this Regulation and Article 3 of the Act;
(c) is not the beneficiary of aid for early cessation of agricultural activity under European Community rules, 3)
(d) proves compliance with the conditions set out in paragraphs 3 to 6.
(2) The application for inclusion shall include an application for a afforestation subsidy.
(3) An applicant whose land is kept in the register and that land may be included in the programme to promote afforestation of agricultural land
(a) has been part of the agricultural land fund for at least two calendar years prior to the change in the use of the land as a parcel intended for the performance of forest functions, (4) has been part of the agricultural land fund and has been farmed by its owner or tenant;
(b) is part of the soil block (§ 3a (3) of the Act) or part of the soil block (§ 3a (4) of the Act) kept in the register,
(c) the area is at least 0,5 ha, if not for land adjacent to the existing forest land.
(4) The application for inclusion shall be submitted by the applicant to the State Agricultural Intervention Fund (hereinafter referred to as "the Fund") on the form issued by it by 28 February of the year in which it intends to afforestation the land.
(5) The applicant shall indicate in particular:
(a) the list of parcels intended for afforestation, their designation in the real estate register (5) and their affiliation to the soil block or, where applicable, the part of the land block in the register (hereinafter referred to as "the land classified");
(b) the area of the land classified, having a responsibility in the soil blocks or parts of the soil block according to the register, including the type of agricultural culture;
(c) a statement of the facts referred to in paragraph 3 (a).
(6) An integral part of the application for inclusion shall be:
(a) an extract from the real estate register (5) proving the applicant's ownership of the land classified;
(b) the consent of the competent authority for the protection of the agricultural land fund to withdraw the land classified to the agricultural land fund under special legislation, 6)
(c) a decision on the use of the territory under specific legislation, 7)
(d) the opinion of the competent nature conservation authority on afforestation of the land included if the land classified has an area of more than 0,5 ha, 8)
(e) the decision of the State Administration of the Forestry Authority on the declaration of the land included for the purpose of carrying out the functions of the forest under special legislation (6); the decision at the date of application may not be earlier than the time limit laid down for afforestation under special legislation; 9)
(f) the expression of the local land office in those cases where the land included is already registered as forest land by decision of the Land Office in the land modification proceedings; the land office's statement shall include the date on which the decision approving the land modification proposal was taken, the reference number and part of the land balance documenting the change in the type of land; the document referred to in this point replaces the documents referred to in points (b) to (e); the acquisition of legal power of this Decision may not exceed 24 months;
(g) the afforestation project, the details of which are set out in Annex 1 to this Regulation;
(h) proof that the applicant is an entrepreneur, (10) if he is an entrepreneur in agricultural primary production;
(i) an affidavit stating that, on the date on which the application is submitted, the applicant, if he is an entrepreneur, is not in liquidation or his property has not been declared bankrupt, is not in bankruptcy or is not in insolvency or settlement proceedings, or that the application for a declaration of bankruptcy has not been rejected for lack of property.
(7) Where the conditions for inclusion in the afforestation programme referred to in paragraphs 1 to 6 are fulfilled, the applicant shall be included in the afforestation programme and this shall be notified to the applicant.
(8) An application for inclusion under paragraph 4 may not be submitted to the Fund for a period beginning in 2007.
Notification of afforestation, application for care and application for compensation
(1) The afforestation notification may be submitted by the applicant who has been included in the programme to promote afforestation of agricultural land.
(2) The notification of afforestation, the application for the grant of care and the application for reimbursement shall be made on the form issued by the Fund.
(3) The afforestation notification shall be delivered by the applicant to the Fund after the afforestation, within the time limit
(a) by 30 June of the calendar year concerned, where afforestation was carried out by 30 June of the same calendar year; or
(b) by 30 November of the relevant calendar year, if afforestation was carried out after 30 June of the same calendar year.
(4) An integral part of the notification of afforestation, certified by the forestry expert, is the proof of origin of forest reproductive material used in afforestation. 11)
(5) The afforestation notification shall include an application for a care grant in the calendar year in which afforestation was carried out and, where applicable, an application for compensation in the calendar year in which afforestation was carried out.
(6) Subsidy for afforestation, care subsidies in the year of afforestation, or compensation in the year of afforestation, should be granted on the basis of the notification of afforestation and after the check of afforestation by the Fund.
(7) The application for a care subsidy shall be submitted at the same time as the application for a refund each year for the following 4 calendar years after the year of inclusion of the applicant in the programme to promote the afforestation of agricultural land, by 30 April of the relevant calendar year, at the area of the land recorded.
(8) The application for a refund shall be submitted annually for a period of 19 calendar years following the year of inclusion of the applicant in the programme to promote afforestation of agricultural land, by 30 April of the relevant calendar year, at the premises of the land in the register.
(9) Where the notification of afforestation is made, the application for the payment of the care subsidy or, where applicable, the application for reimbursement shall be notified to the Fund after the period referred to in paragraph 3, 7 or 8, but not later than the twenty-fifth calendar day after the expiry of that period, the aid for afforestation, the aid for care, or compensation, reduced by 1% for each working day for which the notification of afforestation has been made, shall be granted to the Fund after the expiry of that period, and, where appropriate, the request for payment of compensation shall be received; the reduction shall not apply if the applicant demonstrates that late delivery has taken place as a result of force majeure. 12)
(10) Any amendment to the application for a refund under the conditions laid down in the directly applicable European Union23) shall be transmitted by the applicant to the Fund by 31 May of the relevant calendar year using the form issued by the Fund.
Amount of afforestation subsidy, amount of care subsidy and amount of compensation
(1) The amount of the afforestation subsidy, the amount of the care subsidy and the amount of the refund shall be determined as the product of the relevant rate referred to in paragraph 2 and the area of afforestation carried out.
(2) Rate
(a) subsidies for afforestation
1. Deciduous timber is 92 000 CZK per hectare,
2. coniferous trees are 74 000 CZK per hectare,
3. mixed crops shall be determined by calculating the reduced areas for the groups of trees referred to in points 1 and 2;
(b) care grants shall be CZK 12,000 per hectare per calendar year;
(c) the compensation for land which, prior to afforestation by grassland, was registered shall be CZK 4 210 per hectare per calendar year;
(d) the compensation for the applicant for the land declared and not mentioned in (c);
1. which is an entrepreneur in agricultural primary production, 10) is CZK 8,600 per hectare per calendar year,
2. which is not an entrepreneur in agricultural primary production, 10) is CZK 5,880 per hectare per calendar year.
(3) If, during the period in which the applicant is entitled to the refund, he ceases to be a farmer in primary agricultural production, 10) the amount of the refund shall be reduced to the amount fixed by the product of the afforestation carried out and the rate referred to in paragraph 2 (d) (2) starting from the calendar year in which that fact occurred.
Forest subsidies, care subsidies and compensation
(1) A subsidy for afforestation shall be granted where:
(a) the applicant is included in the programme to promote the afforestation of agricultural land referred to in Article 4, has complied with the conditions laid down in Article 5 and other conditions laid down by European Community rules, 1) by law and by this Regulation;
(b) the land was afforested in accordance with the afforestation project submitted, except for the number of viable individuals, 13)
(c) the number of viable individuals (13) evenly distributed over the area within 12 months of the date of submission of the afforestation notification has not fallen below 90% of the minimum number laid down by the special regulation, (13) while respecting the woody composition established by the afforestation project, or (13) where the number of viable individuals (13) has fallen evenly spread over the area within 12 months of the date of submission of the afforestation notification has fallen below 90% of the minimum number laid down by the special legislation, (13) the effect of biotic or abiotic agents without fault of the applicant, and the applicant has made a written undertaking, without undue delay, that it will achieve the specified conditions;
(d) the applicant has declared a change of culture in the register pursuant to Article 3g (1) of the Act following the establishment of the forest;
(e) the applicant has not applied for the same purpose from other public sources; the granting of compensation for the consequence of damage caused by natural events from public sources shall not be considered a breach of this condition.
(2) A care subsidy shall be granted unless otherwise provided for in this Regulation, provided that the applicant has been granted an afforestation subsidy and that the crop has characteristics of care and protection to ensure it; Therefore, the situation where trees are not significantly damaged, show sustained height growth, are individually or collectively evenly spread across the area and the number of individuals did not fall below 90% in the first year after afforestation and below 80% in the second year after afforestation under a specific legislation. 13)
(3) The refund shall be granted unless otherwise provided for in this Regulation, provided that the applicant has been granted a subsidy for afforestation or, where appropriate, a subsidy for care.
Grants for afforestation, care and compensation in special cases
(1) Subsidies for afforestation, care grants and, where applicable, compensation shall be granted even if the facts referred to in Articles 7 (1) (b) to (d) and 7 (2) are not fulfilled as a result of:
(a) force majeure, 12)
(b) implementation of land treatment in accordance with specific legislation, 14)
(c) the implementation of zoning, 15); or
(d) restitution15a).
(2) The facts referred to in paragraph 1 shall be notified and established without delay to the Fund.
(3) The afforestation subsidy, the care subsidy and, where appropriate, the compensation shall be granted even if the applicant cannot continue to fulfil the conditions of the afforestation programme due to a duly proven intervention of higher power (12) and another person undertakes in writing to continue the full implementation of that programme.
(4) The composition of the timber shall not be taken into account when granting the refund.
THE SUPPORT PROGRAMME FOR THE ESTABLISHMENT OF FISH GROWTH PLANTS
Subsidies under the programme to support the establishment of crops of fast growing trees
(1) In the framework of the programme to promote the establishment of crops of fast growing trees, subsidies shall be granted under the conditions laid down in this Regulation:
(a) the establishment of a production crop for the production of biomass for energy use, harvested at intervals of three to six years and grown for at least 15 years; or
(b) the establishment of reproductive crops for the production of cuttings for the vegetative propagation of rapidly growing trees grown for at least 10 years.
(2) For the purposes of this Regulation, the list of trees for planting the crop of rapidly growing trees or their clones shall be published in the Ministry of Agriculture Bulletin.
Application for inclusion in the programme to support the establishment of crops of fast growing trees and application for a subsidy for the establishment of crops of fast growing trees
(1) An application for inclusion in a programme to support the establishment of crops of fast growing trees is submitted by the applicant who:
(a) is
1. owner of the agricultural parcel on which the crop of fast-growing trees is to be based;
2. the association of owners of agricultural parcels on which the crop of fast growing timber is to be based, provided that it is a association with legal personality,
3. Co-owner of the agricultural parcel on which the crop of fast growing timber is to be based; subject to the written consent of a majority of the joint owners; or
4. the tenant of the agricultural parcel on which the crop of rapidly growing trees is to be based; subject to the written consent of the owner to use the land for the cultivation of rapidly growing timber and the lease contract, which allows compliance with the conditions for granting the subsidy pursuant to Article 9 (1) and other conditions of this Regulation,
(b) meets the conditions laid down in this Regulation and Article 3 of the Act;
(c) is not the beneficiary of aid for early cessation of agricultural activity under European Community rules, 3)
(d) demonstrate compliance with the conditions set out in paragraphs 2 to 5.
(2) An application from the applicant referred to in paragraph 1, the land of which is kept in the register, may be included in the support programme for the establishment of the crop of rapidly growing timber; and
(a) which is part of a soil block or part of a soil block kept in a register with a culture of arable land or grassland under Section 3i of the Act;
(b) the area of which reaches:
1. at least 0,5 ha, if land for which a subsidy is requested for the establishment of a production crop of rapidly growing trees,
2. at least 0,25 ha, if it is a parcel for which a subsidy is requested for the establishment of a crop of rapidly growing trees.
(3) The application referred to in paragraph 1 shall also include an application for a subsidy for the establishment of a crop of rapidly growing trees.
(4) The application referred to in paragraph 1 shall be submitted by the applicant to the Fund on the form issued by him by 28 February of the calendar year in which he intends to establish a crop of rapidly growing timber.
(5) In the application referred to in paragraph 1, the applicant shall indicate in particular:
(a) a list of agricultural parcels intended for the establishment of a crop of rapidly growing timber, their designation in the real estate register and their affiliation with the soil block or, where appropriate, the part of the soil block in the register;
(b) the area of agricultural parcels intended for the establishment of a crop of rapidly growing trees, with a responsibility for soil blocks or parts of soil blocks according to the register.
(6) An integral part of the application referred to in paragraph 1 shall be:
(a) an extract from the real estate register (5) showing ownership of the land to be set up for the establishment of a crop of rapidly growing trees;
(b) the consent of the owner of the land with the establishment of a crop of fast-growing timber on that land, if the applicant goes under paragraph 1 (a) (4);
(c) a certified copy of the lease agreement allowing compliance with the conditions laid down in this Regulation, if the applicant is subject to point (a) (4) of paragraph 1;
(d) a project on the establishment of a crop of fast-growing trees, processed by an authorised designer, 16) the elements of which are set out in Annex 2 to this Regulation;
(e) the opinion of the competent conservation authority (8) on the project on the establishment of a crop of fast growing trees;
(f) the approval of the competent authority for the protection of the agricultural land fund with the temporary withdrawal of agricultural land from the agricultural land fund for the cultivation of fast growing timber, 17)
(g) an affidavit by the applicant to ensure that the production crop is harvested at three to six-year intervals for the period fixed by the project establishing the crop of fast growing trees, but for a minimum period of 15 years, to ensure that all production is used for energy purposes and that, after the end of the life of the crop, the crop is disposed of in the manner specified in the project establishing the crop of fast growing trees,
(h) the affidavit of the applicant to ensure the cultivation, harvesting and recording of reproductive crops, to ensure the collection of plant cuttings, their quality and to provide them with proof of origin on sale under a specific legislation, 18) to ensure the cultivation of reproductive crops for a minimum period of 10 years, to ensure the use of all production for propagation purposes, and to implement, after the expiry of the life of the crop, the measures provided for in the project on the establishment of crops of fast growing trees;
(i) an affidavit stating that, on the date on which the application is submitted, the applicant, if he is an entrepreneur, is not in liquidation or his property has not been declared bankrupt, is not in bankruptcy or is not in insolvency or settlement proceedings, or that the application for a declaration of bankruptcy has not been rejected for lack of property.
(7) If the conditions for inclusion in the programme to support the establishment of the crop of rapidly growing trees are fulfilled, the applicant shall be included in the programme to support the establishment of the crop of rapidly growing trees and this shall be notified to the applicant.
(8) The application referred to in paragraph 4 may not be submitted to the Fund for a period beginning in 2007.
Notification of the establishment of a crop of fast growing trees
(1) The notification of the establishment of the crop of rapidly growing trees shall be submitted by the applicant who has been included in the programme to support the establishment of the crop of rapidly growing trees.
(2) The notification of the establishment of a crop of rapidly growing trees shall be made on a form issued by the Fund.
(3) The notification of the establishment of the crop of rapidly growing trees shall be delivered by the applicant to the Fund after its implementation, within the deadline:
(a) by 30 June of the calendar year concerned, where the establishment of the crop of fast growing trees has been carried out by 30 June of the same calendar year; or
(b) by 30 November of the calendar year concerned, where the establishment of crops of fast growing trees has been carried out after 30 June of the same calendar year.
(4) The opinion of the competent nature conservation authority (8) is an integral part of the notification of the establishment of the crop of fast-growing trees to carry out its own planting of the crop of fast-growing trees in accordance with the project on the establishment of the crop of fast-growing trees and proof of the origin of the reproductive material of the trees used to establish the crop of fast-growing trees.
(5) The subsidy for the establishment of the crop of fast-growing trees shall be granted on the basis of the notification of the establishment of the crop of fast-growing trees, and after checking the establishment of the crop of fast-growing trees by the Fund.
(6) Where the notification of the establishment of the crop of fast-growing timber is delivered to the Fund after the period referred to in paragraph 3, but no longer than the 25th calendar day following that period, the subsidy for the establishment of the crop of fast-growing timber shall be granted, reduced by 1% for each working day for which the notification of the establishment of the crop of fast-growing timber has been delivered to the Fund after that period; the reduction shall not apply if the applicant demonstrates that late delivery has taken place as a result of force majeure. 12)
Subsidy for setting up production crops for fast growing trees and subsidies for setting up reproductive crops for fast growing trees
Subsidy for the establishment of crops of rapidly growing trees shall be granted if:
(a) the applicant is included in the programme to support the establishment of the crop of rapidly growing timber pursuant to Section 10, fulfils the conditions set out in Section 11 and other conditions laid down by European Community regulations, 1) by law and by this Regulation;
(b) the crop of fast-growing trees has been established in accordance with the project submitted on the establishment of fast-growing trees, except for the number of viable individuals;
(c) the identified number of viable individuals (13) evenly distributed over the area within 12 months of the date of the notification of the establishment of the crop of rapidly growing trees, below 80% of the number established by the project on the establishment of the crop of fast growing trees, if the production crop of rapidly growing trees, or 75% of the number established by the project on the establishment of fast growing trees, if the reproductive crop of fast growing trees is under 80% of the number established by the project on the establishment of fast growing trees, or if the number of viable individuals has fallen evenly across the area, or 75% of the number established by the project on the establishment of the crop of rapidly growing trees, or 80% of the number established by the project on the establishment of crops of rapidly growing trees of fast growing trees, or under 75% of the number established by the project on the production of the production of the crop of the crop of the crop of rapidly growing trees.
(d) the applicant has declared a change of culture in the register following the establishment of the crop;
(e) the applicant has not applied for the same purpose from other public sources; the granting of compensation for the consequence of damage caused by natural events from public sources shall not be considered a breach of this condition.
Amount of the subsidy for the establishment of the production crop of rapidly growing trees and the amount of the subsidy for the establishment of the reproductive crop of rapidly growing trees
(1) The amount of the subsidy for the establishment of the production crop of fast growing trees and the amount of the subsidy for the establishment of the reproductive crop of fast growing trees shall be determined as the product of the rate referred to in paragraph 2 and the area of the establishment of the crop of fast growing trees.
(2) Financing rate for the establishment
(a) the production crop of rapidly growing trees shall be CZK 60,000 per hectare;
(b) the reproductive crop is 75 000 CZK per hectare.
Subsidy for the establishment of crops of fast growing trees in special cases
(1) Subsidy for the establishment of crops of rapidly growing trees shall also be granted where the failure to comply with the facts referred to in Article 12 (b) to (d) is due to:
(a) force majeure, 12)
(b) restitution, 19)
(c) the implementation of land treatment in accordance with specific legislation, 14); or
(d) the implementation of zoning. 15)
(2) The facts referred to in paragraph 1 shall be notified and established without delay to the Fund.
(3) A subsidy for the establishment of a crop of rapidly growing trees shall be granted even if the applicant, due to a duly proven intervention of higher power (12), cannot continue to fulfil the conditions of the programme to support the establishment of a crop of rapidly growing trees and another person undertakes in writing to continue the conditions for the implementation of the programme in full.
COMMON, TRANSITIONAL AND FINAL PROVISIONS
(1) If the Fund ascertains the difference between the area of land referred to in the decision to be included in the programme to promote afforestation of agricultural land and, where appropriate, the decision to be included in the programme to support the establishment of fast-growing trees and the area actually managed, it shall proceed in accordance with European Community rules. 20)
(2) If the Fund finds that the applicant has provided false information in relation to the conditions for granting subsidies under this Regulation, it shall proceed in accordance with the rules of the European Communities. 21)
(3) The Fund will not grant a subsidy for part of the soil block, or part of the part of the soil block, registered in the register for which the procedure under Paragraph 3g (4) of the Act has been applied.
(1) In the calendar year 2004, the applicant shall deliver to the Fund an application in accordance with Article 4 or, where applicable, Article 10 by 15 June 2004.
(2) In the calendar year 2004, the applicant may submit a declaration of afforestation or, where appropriate, a notification of the establishment of a crop of fast-growing trees prior to the decision to include the applicant in the programme to promote the afforestation of agricultural land or, where appropriate, the programme to support the establishment of a crop of fast-growing timber.
(3) For 2020, the application for reimbursement referred to in Article 5 (8) may be submitted to the Fund by 15 June 2020.
(4) Where the application for a refund is received for 2020 after the period referred to in paragraph 3, Paragraph 5 (9) shall apply mutatis mutandis.
Efficacy
This Regulation shall enter into force on the day of its publication.
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Regulation Information
| Citation | Government Decree No. 308 / 2004 Coll., laying down certain conditions for granting subsidies on the afforestation of agricultural land and on the establishment of crops of fast growing timber on agricultural land intended for energy use |
|---|---|
| Regulation Type | Regulation |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 24.05.2004 |
|---|---|
| Effective from | 24.05.2004 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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