Decree No. 341 / 1997 Coll.
Government regulations laying down support programmes to promote out-of-production functions for agriculture, support for landscape conservation activities and assistance programmes to promote less favourable areas
Valid
Regulation
Effective from 01.01.1998
Text versions:
01.01.1998
31.12.1997
341
GOVERNMENT REGULATION
of 26 November 1997
establishing support programmes to promote non-production functions for agriculture, to support the activities involved in landscape maintenance and to help promote less favourable areas
The Government orders pursuant to § 2 (5) of Act No. 252 / 1997 Coll., on Agriculture:
General provisions
On the basis of the support programmes under Section 2 (3) of Act No. 252 / 1997 Coll., on Agriculture, and the aid schemes under Section 2 (4) of that Act, the State grants financial support on the basis of the criteria laid down in this Regulation (hereinafter referred to as "aid ').
(1) Support may be granted to persons who:
(a) agricultural management on the basis of property law, rental contract or other legal grounds (1) on agricultural parcels, including other parcels on other plantations (2) (hereinafter referred to as "agricultural parcels"), of a total area of 2 ha and above, with the exception of parcels intended for the implementation of conservation measures. Agricultural land management on other areas in the territorial district of the municipality shall be certified by the competent municipal or urban authority of the applicant, in military locations by the authority of the Ministry of Defence, or
(b) ensure that the structure of agricultural production is changed by afforestation, including the protection of established forest cultures, on the basis of the property rights of wooded land.
(2) Support under this Regulation may not be granted to state undertakings, budget and contribution organisations, except municipalities, agricultural, veterinary and forestry universities or faculties and organisations under the responsibility of the Ministry of Defence.
(1) The aid may be granted by the Ministry of Agriculture (hereinafter referred to as the Ministry of Defence) or the Ministry of Defence at the request of the persons referred to in Section 2 (hereinafter referred to as the applicant).
(2) The aid is granted for a period of one calendar year. It can be released in advance.
(3) The general rules on administrative managementare not applicable to decisions granting aid.
(1) The aid application shall be submitted by the applicant to the Ministry of Defence or, where appropriate, to the Ministry of Defence, where the organisation is within its competence. The application shall be submitted in the calendar year for which the aid is to be granted at the latest.
(a) by the end of February for the aid referred to in Article 2 (1) (a);
(b) until 30 June for the aid referred to in Article 2 (1) (b).
If the request to the Ministry of Defence is not received within these time limits, the aid shall not be granted for the year in question.
(2) The aid application must be accompanied by the relevant documents referred to in Annexes 1 to 10, save as otherwise provided in the specific Regulation (2). The applicant shall submit an honest declaration of compliance with the conditions for granting the aid no later than 30 September of the calendar year for which the aid is granted.
(3) If the application is incomplete or contains obviously incorrect information, the Ministry or, where appropriate, the Ministry of Defence shall return it within 30 days of its delivery, together with a request to remedy these defects. If they are not removed within seven days of receipt of the request, the request shall be deemed to have been lodged after the deadline.
(4) The aid applicant pursuant to Sections 11 (a) and 11 (b) and 17 (a) to (d) is obliged to provide the Ministry or, where appropriate, the Ministry of Defence with the information set out in Annex 8 when applying.
Support may be granted if:
(a) the application complies with the criteria, formalities and time limits laid down in this Regulation;
(b) the applicant undertakes to comply with the management conditions laid down in specific regulations, 4)
(c) on the date on which the application is submitted, the applicant has settled its due commitments to the State Fund for Market Regulation, the Support and Guarantee Fund for the Roller and Forestry Fund, a. s., the Land Fund of the Czech Republic and the commitments resulting from already concluded grant contracts and loans (repayable financial assistance) and the restitution and transformation rules. 5)
(1) The amount of the aid shall be determined for the calendar year in the Bulletin of the Ministry of Agriculture of the Czech Republic, namely:
(a) for aid under Article 2 (1) (a) in the cash valuation of one point (Article 10);
(b) for support under § 2 (1) (b) at rates in CZK per technical unit of performance covered by the aid (§ 10).
(2) The financial valuation of the aid is expressed in amounts rounded down to the whole CZK.
If the Ministry or, where appropriate, the Ministry of Defence concludes that the criteria for granting the aid are not met, it shall inform the applicant in writing, together with the reasons for which the aid cannot be granted. This communication must be sent to the applicant without undue delay.
(1) The Ministry or, where applicable, the Ministry of Defence is authorised to carry out checks on land and objects related to the subject of the aid during the relevant calendar year.
(2) If the applicant has obtained the grant of the aid on the basis of the false information provided by him or if he has failed to meet one of the criteria to which the aid was granted, he shall be obliged to repay all the aid granted in full and to pay the periodic penalty payment provided for. (6) An applicant who has not complied with the criteria of this Regulation shall be required to notify the Ministry or, where appropriate, the Ministry of Defence and the competent financial authority.
(1) The beneficiary shall charge the aid under the specific rules. 7) The funds are referred to the beneficiary's account.
(2) Aid payments, including periodic penalty payments for unauthorised use or retention of State budget funds, shall be made to the account of the competent tax office, the payment of aid in the current year shall be made to the account from which the aid was granted.
SUPPORT PROGRAMMES TO SUPPORT AID FOR THE ALLOCATION OF THE COUNTRY
Financial statement of the aid
Support from the State budget shall be granted in the financial amounts derived from the scores referred to in Article 13 (1) and (2) and at the rates referred to in Article 13 (3).
Types of support programmes
Support programmes shall be set at:
(a) maintenance of agricultural parcels with an average price of these parcels in the cadastral territory according to the special regulation8) 4.01 CZK per 1 m2 or higher, in accordance with the special regulation.4) The aid will not be granted for agricultural parcels used as arable land contrary to the special law, 2)
(b) compensation of losses resulting from the management of the applicant in the organic farming system in the cadastral territory with the average price of agricultural parcels according to the special regulation8) CZK 4.01 per 1 m2 or higher,
(c) the change in the structure of agricultural production by afforestation including the protection of established forest crops on agricultural parcels in the cadastral territory with an average price according to the special regulation8) CZK 4.01 per 1 m2 or higher.
Criteria for granting aid
(1) The criterion for granting aid under Article 11 (a) and (b) is to maintain the full area of the applicant's agricultural parcels in the required condition in accordance with the specific regulation.4) In cases of dispute, the expert opinion shall be delivered by the competent authority in accordance with the specific regulations.4)
(2) The criterion for granting aid under Article 11 (b) is, in addition to the criterion referred to in the previous paragraph, the inclusion of the applicant in the list of producers, processors and bioproducts traders which the Ministry declares in the previous calendar year for the following year. This list shall be published in the Bulletin of the Ministry of Agriculture of the Czech Republic.
(3) The criterion for granting aid under Article 11 (c) is the use of recognised genetically appropriate planting material. 9)
Evaluation of compliance
(1) For the support programme referred to in § 11 (a), the management of 1 ha of agricultural parcels with an average price of agricultural parcels according to the special regulation (8) from 4.01 CZK per 1 m2 and higher is evaluated by 1 point.
(2) For the support programme referred to in § 11 (b), the management of 1 ha of agricultural parcels with an average price of agricultural parcels according to the special regulation (8) from 4.01 CZK and 10 points for 1 m2 is evaluated.
(3) In the case of the support programme according to § 11 (c), the performance is valued at CZK per technical unit.
Calculation of the aid
The amount of aid shall be calculated:
(a) for the aid provided for in Article 11 (a) and (b), as a multiple of the points for evaluation of the aid subject matter and the amount of the financial valuation of one point established pursuant to Article 6 (1) (a);
(b) in the case of aid under § 11 (c) as a multiple of the number of technical units performed and the rate in CZK per technical unit determined according to § 6 (1) (b).
AID PROGRAMMES FOR THE SUPPORT OF LIMITED AREAS
Definition of a less favourable area
Less favourable areas include cadastral areas in which the average price of agricultural parcels laid down by special regulation8) is lower or equal to CZK 4.00 per 1 m2.
Financial statement of the aid
Support from the State budget shall be granted in the financial amounts derived from the scores referred to in § 22 (1) to (4) and at the rates referred to in § 22 (5). The statement of the value of the point and the rates for the calendar year concerned shall be governed by Article 6 (1) of this Regulation.
Types of assistance programmes
Assistance programmes shall be set at:
(a) maintenance of agricultural parcels in a less favourable area contributing to the maintenance of the landscape in the required condition in accordance with the specific regulation.4) The aid will not be granted for agricultural parcels used as arable land contrary to the special law, 2)
(b) the extension of the breeding of bovine animals of meat breeds in a less favourable area contributing to the natural exploitation of grassland production, the provision of permanent employment opportunities and the permanent maintenance of the landscape in cultural condition;
(c) compensation for losses resulting from the applicant's management of the organic farming system in less favourable areas;
(d) the extension of sheep farming in a less favourable area contributing to the natural exploitation of permanent grassland production and to the permanent maintenance of the landscape in cultural condition on parcels with an average price according to the special regulation8) to CZK 3.10 per 1 m2,
(e) a change in the structure of agricultural production by afforestation including the protection of established forest cultures in less favourable areas.
Criteria for granting aid
(1) The criteria for granting the aid under Article 17 (a) to (d) are:
(a) the stocking density of livestock owned by the applicant or kept under a grazing agreement of between 0,1 and 1,0 livestock units per hectare of agricultural parcels in the less favourable area on which the applicant operates, declared on the date on which the application was submitted by the natural presence or by the animal passport agreement, reached throughout the year for which the aid was requested. Only animals kept in a less favourable area within the district and kept in the zootechnical register are included, with a maximum of 50% of the total livestock population of the pigs and poultry kept. The conversion of livestock species and categories into livestock units is given in Annex 4,
(b) maintaining the applicant's entire area of agricultural parcels in the required condition in accordance with the specific regulation.4) In the cases in question, the expert opinion shall be delivered by the competent authority in accordance with the specific rules. 4) For permanent grassland (grassland with the predominance of grassland), aid may be granted only for areas with permanent grassland and pasture crops.
(2) Paragraph 12 (3) shall apply mutatis mutandis to the granting of aid under Paragraph 17 (e).
In addition to the criteria referred to in Article 18 (1), the criterion for granting aid under Article 17 (b) requires the calf to have a minimum proportion of the meat breed's blood of 50% or more. The father of the calf must be a registered breeder. 10) The calf must be born between 1 September of the preceding year and 31 August of the calendar year in which the aid is applied for, with the mother, only in areas with the price of agricultural parcels referred to in Article 15. The minimum number of calves reared for granting aid is 5.
In addition to the criteria set out in Section 18 (1), the applicant's inclusion in the list of producers, processors and bioproducers, which is announced by the Ministry in the previous calendar year for the following year in the Bulletin of the Ministry of Agriculture of the Czech Republic, is a criterion for granting aid under Section 17 (c).
In addition to the criteria set out in Section 18 (1), the criterion for granting aid under Section 17 (d) is to keep at least 5 sheep. The aid is granted per animal - sheep without any further breakdown, kept in the cadastral territory with an average price of agricultural parcels according to the special regulation8) up to CZK 3.10 per 1 m2.
Evaluation of compliance
(1) For the aid programme under § 17 (a), the management of 1 hectare of permanent grassland in the cadastral area with the average price of agricultural parcels according to the special regulation8) to CZK 2.00 per 1 m2 is valued at 18 points, in the price range from 2.01 to 3.10 CZK per 1 m2 17 points, in the price range from 3.11 to 3.50 CZK per 1 m2 11.5 points. Management of 1 ha of other agricultural land with an average price up to CZK 3.50 per 1 m2 is valued 2.5 points. Management of 1 ha of agricultural land in the price range from 3.51 to 4.00 CZK per 1 m2 is rated 2 points.
(2) The value of points per piece of calf is assigned to the assistance programme according to § 17 (b) as follows: at the average price of agricultural parcels according to the special regulation 8) to CZK 2.00 for 1 m2 35 points, from 2.01 to 3.10 CZK for 1 m2 31 points, from 3.11 to 3.50 CZK for 1 m2 26 points, from 3.51 to 4.00 CZK for 1 m2 8.5 points.
(3) For the aid programme referred to in Article 17 (c), 10 points shall be assigned to each 1 ha of the agricultural parcel thus managed.
(4) For the aid programme according to § 17 (d), 4 points per animal in the category of sheep kept in the area with the price of agricultural parcel according to the special regulation 8) are assigned to CZK 3.10 per 1 m2.
(5) In the case of the aid programme according to § 17 (e), the performance is valued at CZK per technical unit.
Calculation of the aid
The amount of aid shall be calculated:
(a) for the aid referred to in Article 17 (a) to (d), as a multiple of the points for evaluation of the aid subject matter and the amount of the financial valuation of one point established pursuant to Article 6 (1) (a);
(b) for the aid referred to in Article 17 (e), as a multiple of the number of technical units performed and the rate per technical unit.
Efficacy
(1) This Regulation shall enter into force on 1 January 1998.
(2) Support under this Regulation shall be granted in calendar year 1998.
Prime Minister:
Prof. Ing. Klaus CSc.
Deputy Prime Minister and Minister for Agriculture:
Ing. Lux v. r.
Příloha č. 1
Annex No 1 to Decree No 341 / 1997 Coll.
Application for aid under Government Decree No. 241 / 1997 Coll.
Příloha č. 2
Annex No 2 to Decree No 341 / 1997 Coll.
Extent of agricultural parcels (Sections 11 (a) and 11 (b), 17 (a) and (c))
Příloha č. 5
Annex No. 5 to Government Decree 341 / 1997 Coll.
Change in the structure of agricultural production through afforestation
Příloha č. 6
Annex No 6 to Government Decree 341 / 1997 Coll.
Evidence of aid application pursuant to Articles 11 (a), 11 (b) and 17 (a) to (d)
(a) Proof of ownership, hire or other legal basis for the management of agricultural parcels, or a list of such documents, the completeness and veracity of which is confirmed in the declaration of honour set out in Annex 1.
b) Situation plan or map background which can be entered into the map base of the relevant Department of the Ministry of Agriculture and the Ministry of Defence.
Where an application for aid is made pursuant to § 17 (b) of the beef breeds' breeding in a less favourable area, the application shall include proof of the use of a registered bull for breeding.
In the event of changes to data made during the year concerning calves of meat breeds, modified versions of the relevant annexes shall be submitted as an annex to the declaration of honour of the conditions for granting the aid.
In case of application of the aid application referred to in Article 17 (d), the application for a less favourable breeding programme shall include proof of the number of ovine animals kept on the register. In the case of changes to data made during the year concerning sheep, the modified versions of the relevant tables of Annex 3 shall be presented as an annex to the declaration of honour of the conditions for granting the aid.
Příloha č. 7
Annex No 7 to Government Decree 341 / 1997 Coll.
Evidence of application for aid for a scheme to change the structure of agricultural production through afforestation, including protection of established forest cultures pursuant to Sections 11 (c) and 17 (e)
(a) Proof of ownership of the afforested land by cadastral territory, number and area of parcels to be afforested in the relevant year (e.g. cadastral extract);
(b) proof of the withdrawal of the land from the agricultural land fund (consent of the competent authority to the protection of the agricultural land fund for that withdrawal pursuant to Article 9 of the Czech National Council Act No. 334 / 1992 Coll., on the protection of the agricultural land fund, as amended),
(c) the land use decision (§ 39 of Act No. 50 / 1976 Coll., on Territorial Planning and Construction Regulations (Construction Act), as amended),
(d) a binding opinion of the competent body of nature conservation on afforestation if the land is afforestation above 0,5 ha (§ 4 (3) of the Czech National Council Act No. 114 / 1992 Coll., on Nature and Landscape Protection, as amended),
(e) the consent of the competent authority of the forestry administration to afforestation the land, event. the decision of that authority on the declaration of land as part of the Forest Fund [Paragraph 29 (6) of Act No. 289 / 1995 Coll., on Forests and on amending and supplementing certain laws (Forest Act)],
(f) the afforestation project (including repeated afforestation) and the forest culture and fencing project. The project is approved by an expert forest operator up to an area of 3 ha of continuous area. The project over 3 ha of continuous area shall be drawn up by the body authorised for this activity on the basis of the order of the aid applicant,
(g) completed Annex 5 (for each project separately).
Příloha č. 8
Annex No 8 to Government Decree 341 / 1997 Coll.
Information on the holding
FRESH DECLARATION
natural persons
FRESH DECLARATION
Legal persons
1) E.g. § 8, paragraphs 10 and 11 of Act No. 284 / 1991 Coll., on Land Adjustments and Land Offices, as amended.
2) § 2 paragraphs 3 and 6 of ČNR Act No. 344 / 1992 Coll., on the cadastral property of the Czech Republic (cadastral law), as amended.
3) Act No. 71 / 1967 Coll., on Administrative Procedure (Administrative Regulations).
4) For example Act No. 138 / 1973 Coll., on Water (Water Act), as amended, Act No. 114 / 1992 Coll., on Nature and Landscape Conservation, as amended, Act No. 334 / 1992 Coll., on the Protection of the Agricultural Soil Fund, as amended, Act No. 125 / 1997 Coll., on Waste, Act No. 147 / 1996 Coll., on Phytosanitary Care and Amendments to Certain Related Acts, Act No. 23 / 1962 Coll., on Hunting, as amended.
5) Act No. 229 / 1991 Coll., on the treatment of property relations with land and other agricultural assets, as amended. Act No. 42 / 1992 Coll., on the treatment of property relations and settlement of property rights in cooperatives, as amended.
6) § 30 of Act No. 576 / 1990 Coll., on the Rules of Management of the Budget Funds of the Czech Republic and the Municipality of the Czech Republic (Budget Rules of the Republic), as amended.
7) Act No. 563 / 1991 Coll., on Accounting, as amended.
8) Decree of the Ministry of Agriculture No. 215 / 1995 Coll., establishing a list of cadastral territories with associated average prices for agricultural parcels, as amended.
9) Article 30 of Act No. 289 / 1995 Coll., on Forests and on the amendment and addition of certain laws (Forest Act).
10) Act No. 240 / 1991 Coll., on the breeding and breeding of livestock.
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Regulation Information
| Citation | Government Regulation No 341 / 1997 Coll., establishing support programmes to promote non-production functions of agriculture, to support the activities involved in the maintenance of the landscape and aid programmes to promote less favourable areas |
|---|---|
| Regulation Type | Regulation |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 31.12.1997 |
|---|---|
| Effective from | 01.01.1998 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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