Government Decree No 331 / 2019 Coll.
Government regulation on the conditions for implementing the downstream organic farming measure
Valid
Regulation
Effective from 01.01.2020
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331
GOVERNMENT REGULATION
of 9 December 2019
on the conditions for implementing the downstream organic farming measure
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.:
INTRODUCTORY PROVISIONS
Subject matter
This Regulation lays down the conditions for the implementation of a follow-up measure for organic farming following directly applicable European Union1.
Application for inclusion in the downstream organic farming measure
(1) An application for inclusion in the downstream organic farming measure (hereinafter referred to as the "application for inclusion") may be made by a natural or legal person or an organisational entity of the State under the Law on the property of the Czech Republic and its representation in legal relations (hereinafter referred to as the "applicant") if:
(a) carry out agricultural activities on its own behalf on its own responsibility;
(b) it operates in accordance with the Organic Agriculture Act and is registered in the organic farming system as provided for in paragraphs 6 to 8 of the Organic Agriculture Act on the date of receipt of the application; and
(c) classifies at least 0,5 hectares of agricultural land held on it in the land use register according to the user relations under § 3a et seq. of the Agricultural Act (hereinafter referred to as "land use register") for which a subsidy can be granted under § 16.
(2) The applicant shall indicate in the application for classification referred to in paragraph 1 the list and the area of all parts of the soil blocks managed in the organic farming system, possibly at the stage of the transitional period provided for in the Organic Agriculture Act and kept in the land use register which it requires to be included in the subsequent organic farming measure referred to in paragraph 1.
(3) The part of the soil block on which no application is made may be included in the follow-up organic farming measure.
(a) no subsequent organic farming measures;
(b) the measures provided for in Article 2 (a), (b) or (c) of Government Regulation No 75 / 2015 Coll., on the conditions for the implementation of agri-environmental climate measures and amending Government Regulation No 79 / 2007 Coll.,
(c) the measures provided for in Article 2 (a), (b) or (c) of Decree No. 330 / 2019 Coll., on the conditions for the implementation of successive agri-environmental climate measures; or
(d) no measure under Government Decree No. 76 / 2015 Coll., on the conditions for implementing organic farming measures.
(4) The application for inclusion is submitted to:
(a) the whole part of the soil block; and
(b) a commitment period of 2 years beginning on 1 January of the first year of the two-year commitment period (hereinafter referred to as "commitment") for which an application for inclusion is submitted.
(5) The application for inclusion shall be submitted by the applicant to the State Agricultural Intervention Fund (hereinafter referred to as "the Fund") by the Fund in respect of the calendar year concerned by 15 May of the first year of commitment referred to in paragraph 4 (b) or 8.
(6) The fund will include the applicant in the follow-up measure of organic farming if the conditions laid down in Sections 3 and 3a of the Agriculture Act and this Regulation are met.
(7) In the period from the date of receipt of the application for inclusion until the date of inclusion of the applicant in the follow-up organic farming measure referred to in paragraph 6, no:
(a) add another part of the soil block to the application for inclusion; or
(b) in the application for inclusion, increase the area of the soil block part.
(8) The application for inclusion referred to in paragraphs 1 to 4 may be submitted for a period beginning in 2021 only for a commitment period of one year starting on 1 January of the first year of the commitment for which the application for inclusion is submitted.
(9) An application for classification under paragraphs 1 to 8 may not be submitted to the Fund for a period beginning in 2023 and thereafter.
Increase of the declared area
(1) During the duration of the undertaking, the applicant may request an increase in the area of the part of the soil block included in the downstream organic farming measure or an increase in the area by the inclusion of a new part of the soil block.
(2) An increase in the area by including a new part of the soil block referred to in paragraph 1 may only be made by including the whole part of the soil block.
(3) An application for an increase in the allocated area referred to in paragraph 1 shall be submitted by the applicant to the Fund by means of an application for a change to the classification on the Fund issued by the form no later than 15 May of the calendar year concerned.
(4) The Fund shall decide, on the basis of a request for a change to the classification submitted pursuant to paragraph 3, to be included in the follow-up organic farming measure, taking into account the change in the area of agricultural land.
Reductions of the declared area
(1) The applicant may request, during the duration of the undertaking, a reduction in the area of the part of the soil block or the exclusion of the part of the soil block included in the downstream organic farming measure referred to in Article 2 (6).
(2) The application for a reduction of the allocated area referred to in paragraph 1 shall be submitted by the applicant to the Fund by means of an application for amendment of the inclusion on the Fund issued by the form at the latest.
(a) by 10 January of the following calendar year, where the reduction of the area took place within the period from the date of receipt of the application for aid under the organic farming measure by 31 December of the calendar year concerned; or
(b) by 15 May of the calendar year concerned, where the reduction of the area has taken place outside the period referred to in (a).
(3) The time limits referred to in paragraph 2 do not apply to notification of intervention by higher power (2).
(4) The applicant shall indicate in the application for a reduction of the declared area, whether it requests a reduction of the area of the soil block or the exclusion of the part of the soil block included in the follow-up measure of organic farming on the grounds of:
(a) restitution or property settlement with churches and religious society3),
(b) the implementation of the land modification (2);
(c) intervention of higher power (2);
(d) withdrawal or restriction of the right of ownership for construction or public interest measures (4);
(e) the loss of land use in land use records, up to a maximum of 10% of the total area of agricultural land included in the first year of the commitment to the downstream organic farming measure by decision pursuant to Article 2 (6); or
(f) other than those referred to in points (a) to (e).
(5) The Fund will decide, on the basis of a request to reduce the area allocated, to be included in the follow-up measure for organic farming, taking into account the change in the area of agricultural land.
(6) If the Fund finds that there has been a reduction in the declared area in the land use register or that the area included in the land use register no longer complies with the terms of the commitment, without the applicant submitting an application for an amendment to the classification referred to in paragraph 2 in the relevant calendar year, it shall decide on the inclusion in the downstream organic farming measure, taking into account the change in the area of agricultural land, or, where appropriate, the exclusion of an area which no longer meets the terms of the commitment; the obligation to repay the subsidy or part thereof is not affected.
(7) If the Fund finds that there has been a reduction in all the allocated area in the land use register or that any included area in the land use register no longer fulfils the conditions of the undertaking, without the applicant submitting an application for a change in the classification referred to in paragraph 2 in the relevant calendar year of the commitment, it shall decide to exclude the applicant from the downstream organic farming measure; the obligation to repay the subsidy is not affected.
Application for aid under the downstream organic farming measure
(1) The application for a subsidy under the downstream organic farming measure (hereinafter referred to as the "subsidy application") shall be submitted by the applicant to the Fund by the Fund in respect of the form issued for the calendar year concerned in the framework of the single application (5) by 15 May of the calendar year for which the subsidy is to be granted.
(2) In the application for a subsidy referred to in paragraph 1, the applicant shall indicate for each part of the soil block whether it applies for a subsidy:
(a) in the framework of the transition to organic production6),
1. if the part of the soil block is kept on the land use register for organic production from the date of receipt of the grant application until 31 December of the relevant calendar year, and
2. where the part of the soil block kept in the land use register is not at least 50% of its area under organic production arrangements, for at least one calendar day during the last 3 years before 15 May of the relevant calendar year in which the subsidy application is submitted; or
(b) under organic production if the part of the soil block is:
1. keep from the date of receipt of the request for subsidy until 31 December of the relevant calendar year in the land use register under this scheme,
2. on the date of receipt of the application for a subsidy under the organic conversion scheme and during the period from the date of receipt of the application for a subsidy until 31 December of the calendar year concerned, there shall be a change to the organic production scheme,
3. with the type of agricultural culture, permanent grassland, standard arable land, grassland or eel on the date of receipt of the application for a subsidy under the organic conversion scheme and has been kept in the land use register in the previous 2 consecutive years under the organic conversion scheme;
4. with the type of agricultural culture fruit orchards, vineyards, hops or other permanent culture carried out on the date of receipt of the application for a subsidy under the organic conversion scheme and has been kept in the land use register in the previous 3 consecutive years under the organic conversion scheme; or
5. keep from the date of receipt of the application for the subsidy until 31 December of the relevant calendar year in the register of use of land under the organic conversion scheme and, where the proportion of the land block held in the land use register was at least 50% of its area under the organic production scheme, for at least 1 calendar day in the period of the last 3 years before 15 May of the relevant calendar year in which the application for the subsidy is submitted.
(3) In the application for a subsidy for the relevant calendar year, the applicant shall indicate, for each part of the soil block, the type of agricultural culture for which the subsidy is requested and which is kept at the same time on the date of receipt of the subsidy application in the land use register. An application for a subsidy may be submitted for a part of a soil block with a type of agricultural culture
(a) permanent grassland;
(b) standard arable land;
(c) grassland,
(d) eel;
(e) fruit orchard,
(f) vineyards;
(g) hops; or
(h) other permanent culture; for this part of the soil block, an application for a subsidy may be submitted if an ecologically significant element of landscape-forming sets is simultaneously defined on the whole part of the soil block.
(4) The application for a subsidy for the relevant calendar year shall include:
(a) a sketch of the relevant parts of the soil blocks or parts thereof indicated by the applicant in this application on a map of the soil block parts of a scale of 1: 10 000 or more in detail, distinguishing between the parts of the soil blocks or parts thereof with the type of agricultural culture referred to in paragraph 3; and
(b) an indication of the size of the individual parts of the soil blocks or parts thereof referred to in point (a) kept in the land use register for the applicant.
(5) If the application for a subsidy is received after the period referred to in paragraph 1, the Fund shall reduce the subsidy under the conditions laid down directly by the applicable European Union7 Regulation or reject the request for a subsidy if necessary.
(6) Where the conversion period for organic production referred to in Article 36 (2) and (4) of Commission Regulation (EC) No 889 / 2008 is reduced during the relevant calendar year, the applicant shall be calculated in accordance with Article 16 for organic production, the reduction of the conversion period for the part of the soil block being considered not to fulfil the conditions laid down in this Regulation.
(7) Any amendment to the subsidy application under the conditions laid down in the directly applicable European Union14) shall be transmitted by the applicant to the Fund by 31 May of the relevant calendar year using the form issued by the Fund.
Proportionality of the subsidy
(1) Where the applicant demonstrates that during the duration of the commitment there has been a reduction in the area of agricultural land included in the downstream organic farming measure for the reasons referred to in points (a) to (e) of Article 4 (4), the subsidy shall be granted for the relevant area of agricultural land subject to the change, in proportion to the length of the period for which it was kept in the land use register or the period ending on the date on which the event occurred pursuant to Article 4 (4) (c). The proportional amount of the subsidy shall not be granted on the basis of an area of agricultural land which is subject to a change if this area has not been applied to the applicant on the date of receipt of the grant application in the land use register.
(2) Where the applicant does not demonstrate that during the duration of the commitment there has been a reduction in the area of agricultural land included in the downstream organic farming measure for the reasons referred to in points (a) to (e) of Article 4 (4), or where he indicates the reason for the reduction referred to in point (f) of Article 4 (4), the subsidy shall be granted, reduced by a proportion corresponding to the reduction of the area of agricultural land, while at the same time the Fund shall decide to refund the proportion of the subsidy which has been granted since the start of the period of the commitment for which the original area has been reduced and, where appropriate, the exclusion from the subsequent organic farming measure from the start of the commitment.
(3) Where the applicant submits an application for a reduction of an area classified in which the area of agricultural land included in the downstream organic farming measure is reduced by all the area allocated or where the applicant requests exclusion from the downstream organic farming measure, the Fund shall decide to exclude the applicant from the downstream organic farming measure; the obligation to repay the subsidy or part thereof is not affected.
Transfer of the undertaking
(1) Where a natural person who is an applicant ceases to be an agricultural activity, or a legal person who is an applicant ceases to exist without liquidation, and a new user of agricultural land or legal successor of a deceased legal person (hereinafter referred to as the "transferee ') notifies the fund on the fund issued by the form no later than 30 calendar days from the date of transfer of the land block parts previously managed by the applicant to the transferee in the land use register and undertakes in writing to continue fully fulfilling the conditions of the downstream organic farming measure, this shall not be considered as non-compliance with the conditions laid down for downstream organic farming measures and the Fund shall not decide to reduce, non-grant or refund.
(2) If, as a result of a transfer or a part or whole of a business plant, the amount of agricultural land previously managed by the applicant in the land use register is reduced during the period of the relevant commitment, and the transferee of part or all of the business plant notifies the Fund on the Fund for the Form issued within 30 calendar days of the date of the transfer of the land block parts previously managed by the applicant to the transferee in the land use register and undertakes in writing to continue to fulfil the conditions of the downstream organic farming measure on the acquired part of that business establishment, the Fund shall not decide in writing that the transferor refund shall not be decided as a transferee in the case of the transfer of part of that business.
(3) Where a transfer of an undertaking is made as a result of the facts referred to in paragraph 1 or 2, the Fund shall, in a new classification decision, set out the remaining part of the period during which the acquirer will be classified and shall determine the area of agricultural land which may be subject to a reduction of the area classified in accordance with Article 4 (4) (e), during the remainder of the relevant period, as the sum of the amount of the amount not exhausted by the acquirer in accordance with Article 4 (4) (e), corresponding to the proportion of the area allocated to the acquirer; the area reduction limit for the original applicant is reduced accordingly.
(4) Where the acquirer has undertaken in writing to continue fully to fulfil the conditions of the downstream measure for the agricultural area referred to in paragraph 1 or 2 and has failed to comply with the other conditions of the downstream organic farming measure on the agricultural land for which the subsidy was granted, the Fund shall decide to refund the proportion of the subsidy to the acquirer for the period for which the original applicant or the acquirer has been included, except for the reasons referred to in paragraph 4 (a) to (e).
(5) If, during the period during which the condition leading to the application of the procedure referred to in Part Three of this Regulation is found to be met, the transfer of the undertaking results from the facts referred to in paragraph 1 or 2, the procedure referred to in Part Three of this Regulation shall apply to the transferee only for part of the area of agricultural land obtained from the original applicant in the decision granting the subsidy. Non-compliance with the condition referred to in Article 9 (1) (e), or with Article 9 (2) or (3) by the transferor or acquirer as a result of the facts referred to in paragraph 1 or 2 shall not be regarded as non-compliance with the condition leading to the procedure under Part Three of this Regulation if the non-compliance lasts for a maximum period of 15 days before or after the date on which the land use register transferred from the transferor to the transferor.
General conditions for granting the subsidy
(1) The subsidy shall be granted in full to the applicant in accordance with Article 16 if:
(a) is included in the downstream organic farming measure referred to in Article 2 (6) and the part of the soil block mentioned in the application for inclusion is included in that downstream measure;
(b) on the date on which the application for a subsidy is received, it shall not be accompanied by a conventional production scheme on agricultural land with the type of agricultural culture to which the subsidy may be granted pursuant to Article 5 (3);
(c) the applicant shall manage and undertake to manage in accordance with:
1. the controlled requirements under the acts for the areas of cross-compliance rules listed in Annexes 1 and 3 to Government Regulation No 48 / 2017 Coll., on the setting of requirements under the acts and standards of good agricultural and environmental status for areas of cross-compliance rules and the consequences of infringements for the granting of certain agricultural aid, as amended, and the controlled standards of good agricultural and environmental status for areas of cross-compliance rules listed in Annexes 2 and 4 to Government Regulation No 48 / 2017 Coll.,
2. the conditions of the minimum requirements for the use of fertilisers in the follow-up of the organic farming measure referred to in Annex 1 to this Regulation on the soil block sections kept in the land use register of the applicant;
3. the conditions of the minimum requirements for the use of plant protection products in the follow-up of the organic farming measure referred to in Annex 1 to this Regulation on the soil block sections kept in the land use register of the applicant;
4. the conditions resulting from Council Regulation (EC) No 834 / 2007, Commission Regulation (EC) No 889 / 2008 and the Organic Agriculture Act; and
5. other conditions laid down in this Regulation,
(d) in the case of the use of fertilisers and manure, the applicant shall keep a fertilisation record in accordance with the fertiliser law and shall keep that record for inspection purposes demonstrating the granting and use of the subsidy for at least 10 years;
(e) in the case of uses of plant protection products, the applicant shall keep records of the use of those products in accordance with the directly applicable European Union Regulation on the placing on the market of plant protection products (8) and shall keep such records for inspection purposes demonstrating the granting and use of the subsidy for at least 10 years;
(f) the Fund has not identified for the applicant, in the relevant calendar year, the non-compliance with the conditions of the downstream organic farming measure resulting in a reduction, non-grant or refund; and
(g) The Fund has not identified for the applicant, in the relevant calendar year, the non-compliance with the agricultural management conditions for standard arable land laid down in § 7 (2) (c) and § 7 (5) of the Government Regulation No. 50 / 2015 Coll., on the setting of certain conditions for the granting of direct payments to farmers and on the amendment of certain related government regulations.
(2) In assessing the utilised area of agricultural land and the type of agricultural culture in accordance with the land use register, the relevant period shall be from the date of receipt of the subsidy application by 31 December of the relevant calendar year; non-compliance with the conditions of this Regulation shall not be deemed to result in a change in the type of agricultural culture from grassland in the relevant calendar year referred to in Article 5 (3) (c) to:
(a) permanent grassland as referred to in Article 5 (3) (a); or
(b) the standard arable land referred to in Article 5 (3) (b), if it is changed after 31 August of the calendar year concerned.
(3) Where the applicant carries out an erosion in accordance with Article 3j of the Agriculture Act (hereinafter referred to as "the renewal ') on the part of the soil block with the type of agricultural culture of permanent grassland, he shall ensure that, by 31 August of the relevant calendar year, the relevant part of the soil block is accompanied by a continuous grassland and is:
(a) the first seced together with the removal of biomass; or
(b) a crop intended to protect the growing grassland has been harvested, if sown.
(4) In the case of renewal pursuant to paragraph 3, where the date of implementation of the first crop before 31 August of the relevant calendar year is fixed by this Regulation, the first crop crop to protect the rising grassland before 31 August of the relevant calendar year shall be considered to comply with this condition.
(5) Where the applicant makes a change to the culture referred to in paragraph 2 (b) before 31 October of the relevant calendar year, the failure to carry out the second cleft shall not be considered as non-compliance with the conditions of this Regulation.
BLIER CONDITIONS FOR IMPLEMENTING THE ECOLOGICAL AGRICULTURE MEASURES
Subsidy for agricultural land with a type of agricultural culture permanent grassland
(1) The applicant who shall indicate in the subsidy application in accordance with Article 5 (3) (a) the part of the soil block with the type of agricultural culture of permanent grassland,
(a) ensure:
1. agricultural management in accordance with § 7 of Decree No. 50 / 2015 Coll. under the conditions set out in points (b) to (d); and
2. the execution of the second crop with the removal of biomass or grazing by 31 October of the relevant calendar year at the latest;
unless the conditions for a given part of the soil block applied for the treatment of grassland are otherwise laid down in Sections 18 and 19 of Government Regulation No 75 / 2015 Coll. or Sections 15 and 16 of Government Regulation No 330 / 2019 Coll.,
(b) carry out, in the case of maintenance of permanent grassland by grazing, the destruction of the dodgages within 30 days of the end of the pasture or, in the case of year-round grazing, no later than 31 December of the calendar year concerned; This condition shall not apply to an area with an average gradient exceeding 10 ° and may be modified on the basis of a favourable opinion from the local competent nature conservation authority in specially protected areas (9), national parks protection zones (10) and Natura 200011 areas),
(c) does not carry out multivation, restoration of permanent grassland or adjunct to permanent grassland without a favourable opinion from the local competent nature conservation authority in specially protected territories (9), national parks protection zones (10) and Natura 200011 areas);
(d) may, in the case of the renewal of permanent grassland, replace the whole or pasture immediately prior to the restoration of permanent grassland by mulching not more than 1 per 2 years; This does not apply to the mulching of underpassports or additional mulching after the conditions have been met by the cutting, and
(e) each day, the control period from 1 June to 30 September of the relevant calendar year (hereinafter referred to as the "control period") shall meet at least 0,3 livestock units per hectare of agricultural land managed by the applicant and kept in the register of land use with a type of agricultural culture of permanent grassland.
(2) For the purposes of this Regulation, only animals of a species meeting the conditions of Section 4 of the Organic Agriculture Act and Article 14 of Council Regulation (EC) No 834 / 2007 shall be considered to be farmed animals as referred to in paragraph 1 (e), registered on holdings which are thus identified in the information system of the central register kept under the Breeding Act.
(3) Where the applicant holds horses during the control period, he shall deliver to the Fund before 31 October of the calendar year concerned for that control period:
(a) an electronic copy of the register of horses on the holding kept in the central registration information system under the breeding law; and
(b) an electronic declaration of horse breeding established on the basis of data from the equine register on the holding kept in the information system of the central register in accordance with the breeding law; the declaration of breeding of horses contains data on the number of breeding horses converted into livestock units in accordance with Annex 2 to this Regulation and the category of breeding horses.
(4) If the applicant does not deliver to the Fund a copy of the register of horses on the holding and of the declaration of horse rearing referred to in paragraph 3 within the prescribed time limit, horses shall not be taken into account in the calculation of the stocking density unless a situation justifying their taking into account is established on-the-spot checks.
(5) Intensity of livestock farming referred to in paragraph 1 (b) (e) for each day of the control period, shall be calculated as the proportion of the number of applicants of farmed livestock in accordance with paragraph 2 converted into livestock units as set out in Annex 2 to this Regulation on the relevant date of the control period established from the central register information system kept under the breeding law or on-the-spot checks, as appropriate, in accordance with paragraphs 3 and 4, and the area of agricultural land managed by the applicant and kept in the land use register with the type of agricultural culture of permanent grassland on the relevant date of the control period.
(6) The end of the pasture referred to in paragraph 1 (b) shall not take place if the pasture is interrupted for a maximum of 29 days.
Subsidy for agricultural land with a type of agricultural culture standard arable land
(1) An applicant who, in the application for a subsidy in accordance with Article 5 (3) (b), shall indicate the part of the soil block with the type of agricultural culture of standard arable land, shall be required to indicate further in the application for a subsidy whether or not it applies for a subsidy on that part of the soil block
(a) growing vegetables or special herbs;
(b) growing grass per seed;
(c) cultivation of other crops; or
(d) the cultivation of strawberry.
(2) The applicant shall, for a minimum of 20% of the area for which he applies for the subsidy referred to in paragraph 1 (a) or (c) or § 12 (1) (a) or (c) of Government Regulation No 76 / 2015 Coll. shall, after the harvest, grow the crops referred to in paragraph 4 (a) or paragraph 6 (a) improving the non-market crop set out in Part A of Annex 5 to this Regulation. The applicant shall indicate in the subsidy application the part of the soil block or part thereof on which the improving non-market crop will be grown, the total area improving non-market crops, including a drawing on the map of the soil block parts of the scale 1: 10 000 or more, indicating whether the area improving the non-market crop will be established
(a) with a summer variant improving non-market crops which are sown by 31 July of the relevant calendar year and retained on the part of the soil block or part thereof by 24 September of the relevant calendar year, during which period the crop may not be destroyed or reduced in growth; or
(b) with a winter variant improving non-market crops which are sown by 6 September of the relevant calendar year and retained on the part of the soil block or part thereof by 31 October of the relevant calendar year, during which period the crop may not be destroyed or reduced in growth.
(3) The condition set out in paragraph 2 of the first sentence shall not apply to applicants applying for a subsidy under paragraph 1 (a) or (c) or under § 12 (1) (a) or (c) of Decree No 76 / 2015 Coll. for an area of less than 5 hectares. Where the applicant cultivates the crops listed in Part B of Annex 5 to this Regulation as crops referred to in paragraph 4 or 6, their area may be counted in the area referred to in the first sentence of paragraph 2 where the applicant indicates in the subsidy application:
(a) the part of the soil block or part thereof on which the crops listed in Part B of Annex 5 to this Regulation will be grown;
(b) the area planted with crops listed in Part B of Annex 5 to this Regulation; and
(c) the plot of the crop referred to in Part B of Annex 5 to this Regulation on a map of soil block parts of a scale of 1: 10 000 or more.
(4) Applicant requesting a subsidy under paragraph 1 (a)
(a) only the supported vegetable species referred to in Annex 3 to this Regulation (hereinafter referred to as "supported vegetable species") or the special plant species listed in Annex 4 to this Regulation (hereinafter referred to as "supported type of herbs") shall be grown during the calendar year, except for improving non-market crops listed in Part A of Annex 5 to this Regulation, the aggregate area of agricultural land to which the applicant cultivates the supported vegetable species or the supported type of herbs shall be at least equal to the area of the part of the soil block or part thereof indicated in the application for subsidy;
(b) meet, in the relevant calendar year, the minimum sowing or planting requirements of the supported vegetable species set out in Annex 3 to this Regulation;
(c) in the case of growing the supported type of herbs, the continuously involved cover of the supported type of herbs on the part of the soil block or part thereof for which it applies for a subsidy in the relevant calendar year;
(d) may carry out grazing only after the harvest of the supported vegetable species or of the supported herb species; grazing on improving non-market crops is not permitted; and
(e) to harvest and remove production from the supported vegetable species or from the part of the soil block or part thereof by 31 December of the calendar year concerned, unless it is a multi-annual crop which does not provide harvesting in the year of sowing or planting.
(5) Applicant requesting a subsidy under paragraph 1 (b)
(a) cultivates on the whole or part of a part of a part of a soil block a monoculture of grass under Decree No. 129 / 2012 Coll., details of the marketing of seeds and propagating plants, as amended, from which it intends to obtain seed; and
(b) does not make a pasture on the part of the soil block or part thereof for which it applies for a subsidy in the relevant calendar year.
(6) Applicant requesting a subsidy under paragraph 1 (c)
(a) it shall not grow on the part of the soil block or part thereof of the grassland and crops listed in Annex 6 to this Regulation;
(b) harvest and remove the production of other crops from the part of the soil block or part thereof by 15 November of the relevant calendar year, unless it is a multi-annual crop which does not provide harvest in the year of sowing or planting; and
(c) may carry out grazing after the harvest of other crops; grazing on improving non-market crops is not allowed.
(7) Applicant requesting a subsidy under paragraph 1 (d)
(a) grow a strawberry on a given part of the soil block or part thereof at a minimum density of 20 000 viable individuals per hectare of the area planted with the strawberry during at least the period from the date of submission of the application for the subsidy until 30 June of the relevant calendar year;
(b) in the case of planting, in the relevant calendar year, satisfy the minimum planting requirement of the recognised strawberry seed referred to in Annex 3 to this Regulation;
(c) carry out, where appropriate, the planting of strawberry only after the precrop or the main crop with the intercrop, the precrop or intercrop being introduced into the soil as green fertilisation; the conversion of the pre-crop or intermediate crop shall be indicated in the crop records referred to in Article 72 of Commission Regulation (EC) No 889 / 2008 for that part of the soil block or part thereof,
(d) carry out in the second year of the commitment no later than 30 April of the relevant calendar year the removal of the blades of the strawberry leaves; the condition shall not apply to the part of the soil block or part thereof for which the planting of the strawberry has been carried out during the period 1 September to 31 December of the calendar year immediately preceding the calendar year in which the application for the subsidy referred to in Article 5 (3) (b) is submitted or in the relevant calendar year; the maintenance shall be maintained in the crop records referred to in Article 72 of Commission Regulation (EC) No 889 / 2008 for the part of the soil block or part thereof,
(e) ensure that the grafting is carried out at least twice a year; the first padding shall be carried out by 31 August at the latest and the second padding shall be carried out by 31 October of the relevant calendar year at the latest, the condition shall not apply to the part of the soil block or part thereof to which cultivation technology is used using sheets or textiles;
(f) ensure, by 30 September at the latest, the relevant calendar year for the maintenance of the strawberry crop by mowing and mopping the biomass, whether or not multivated;
(g) does not carry out grazing on the part of the soil block or part thereof;
(h) prove its own production of strawberries, at a minimum of 2 000 kg per hectare of the area planted with the strawberry for which it applies for the subsidy, by supporting, by 31 January of the following calendar year at the latest, the Fund for the Fund for the Fund issued by the Fund for the Form, the volume of its own production and the crop records referred to in Article 72 of Commission Regulation (EC) No 889 / 2008 to the relevant works of the soil blocks on which the strawberry is grown; this condition shall not apply to the part of the soil block or part thereof on which the strawberry crop is based for the first year, the applicant shall provide evidence of that fact by recording the crop production referred to in Article 72 of Commission Regulation (EC) No 889 / 2008; and
(i) do not comply with the conditions referred to in points (d) to (f) on the part of the soil block or part thereof on which the strawberry has been destroyed or incorporated into the soil after the harvest, but first on 1 July of the calendar year concerned.
(8) An applicant intending to make a change in the fulfilment of the conditions referred to in paragraph 2 during the calendar year shall apply to the Fund for an amendment at the latest before the date of fulfilment of those conditions.
Subsidy for agricultural land with a type of agricultural culture grassland
(1) The applicant who shall indicate in the subsidy application in accordance with Article 5 (3) (c) the part of the soil block with the type of agricultural crop culture;
(a) ensure:
1. agricultural management in accordance with Article 7 of Decree No 50 / 2015 Coll. under the conditions set out in point (b),
2. the execution of the second crop with the removal of biomass or grazing by 31 October of the relevant calendar year at the latest;
(b) carry out, in the case of maintenance of grassland, the destruction of the non-passports within 30 days of the end of the pasture or, in the case of year-round grazing, no later than 31 December of the calendar year concerned; This condition shall not apply to areas with an average inclination exceeding 10 °.
(2) The end of the pasture referred to in paragraph 1 (b) shall not take place if the pasture is interrupted for a maximum of 29 days.
Subsidy for agricultural land with a type of agricultural eel culture
(1) The applicant shall indicate in the subsidy application in accordance with Article 5 (3) (d) the part of the soil block with the type of agricultural eel culture,
(a) establish on the date of receipt of the subsidy application for the part of the soil block of the eel without the establishment of crops; and
(b) ensure that the area of a given part of the soil block is subject five times a year to, covered, disassembled, plastered, weighed or handled; from 15 May to 30 June, from 1 July to 31 July, from 1 August to 31 August, from 1 September to 30 September and from 1 October to 31 October of the calendar year concerned, shall ensure that one of these mechanical operations is carried out.
(2) A subsidy application pursuant to paragraph 1 may be submitted for a given part of the soil block only 1 for the duration of the undertaking.
(3) If, on the date on which the application for a subsidy is received, the applicant manages an arable land with a type of agricultural culture with a total area of more than 5 hectares, the application for a subsidy referred to in paragraph 1 may be lodged in the calendar year concerned on an area representing a maximum of 15% of the area of agricultural land with a type of agricultural crop with an arable land.
Subsidy for agricultural land with a type of agricultural culture fruit orchards
(1) An applicant who, in the application for a subsidy in accordance with § 5 (3) (e), indicates the part of the soil block with the type of agricultural culture of fruit orchards kept in the fruit orchards register under § 3q of the Agriculture Act, is required to indicate further in the application for a subsidy whether it applies for a subsidy for that part of the soil block
(a) intensive kits; or
(b) other sets.
(2) Applicant requesting a subsidy under paragraph 1 (a)
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Regulation Information
| Citation | Government Regulation No 331 / 2019 Coll., on the conditions for implementing the downstream organic farming measure |
|---|---|
| Regulation Type | Regulation |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 17.12.2019 |
|---|---|
| Effective from | 01.01.2020 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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