Government Decree No 351 / 2019 Coll.

Government Regulation amending 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., on the conditions for the implementation of agri-environmental measures, as amended, as amended

Valid Regulation Effective from 01.01.2020
Contents
351
GOVERNMENT REGULATION
of 16 December 2019
amending 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., on the conditions for the implementation of agri-environmental measures, as amended, as amended
The Government orders pursuant to § 2c (5) of Act No. 252 / 1997 Coll., on Agriculture, as amended by Act No. 85 / 2004 Coll., Act No. 291 / 2009 Coll. and Act No. 179 / 2014 Coll., and pursuant to § 1 (3) of Act No. 256 / 2000 Coll., on the State Agricultural Intervention Fund and on the amendment of certain other laws (Act No. 179 / 2014 Coll. as amended by Act No. 441 / 2005 Coll., Act No. 291 / 2009 Coll. and Act No. 179 / 2014 Coll.:
Čl. I
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., on the conditions for the implementation of agri-environmental measures as amended, as amended, as amended, Government Regulation No. 113 / 2015 Coll., Government Regulation No. 63 / 2016 Coll., Government Regulation No. 236 / 2016 Coll., Government Regulation No. 47 / 2017 Coll., Government Regulation No. 49 / 2017 Coll., Government Regulation No. 315 / 2017 Coll., Government Regulation No. 28 / 2018 Coll., Government Regulation No. 43 / 2018 Coll., Government Regulation No. 59 / 2019 Coll., is amended as follows:
1. In Article 3, the following paragraphs 7 and 8 are added:
"(7) The application referred to in paragraphs 1 and 2 may not be submitted to the Fund for a period beginning in 2020 and thereafter, except for an application for inclusion in the sub-measure of the grubbing-up of arable land referred to in Article 2 (e) and for the sub-measure of the grubbing-up of concentrated effluents referred to in Article 2 (h).
(8) The application referred to in paragraphs 1 and 2 for inclusion in the sub-measure of the grubbing-up of arable land referred to in Article 2 (e) and in the sub-measure of the grubbing-up of concentrated effluents referred to in Article 2 (h) may not be submitted to the Fund for a period beginning in 2021 and thereafter. "
2. In Article 5, the following paragraph 4 is added:
"(4) The application referred to in paragraph 1 may not be submitted to the Fund for a period beginning in 2020 and thereafter. ';
3. in Article 8 (4) (d), including footnote 5:
"(d) withdrawal or restriction of the right of ownership for construction or public interest measures (5),
5) For example, Act No. 183 / 2006 Coll., on Territorial Planning and Construction Regulations (Construction Act), as amended, Act No. 13 / 1997 Coll., on Road, as amended, Act No. 458 / 2000 Coll., on the Terms and Conditions of Business and on the Performance of State Administration in the Energy Sector and on the Amendment of Certain Laws (Energy Act), as amended. '
4. in Paragraph 9 (2) (a) (2), "(c)" is replaced by "(d)."
5. in Article 9 (2) (d), the words "and the Plant Health Act" shall be inserted after the word "unie7."
6. In Article 9, the following paragraph 5 is inserted after paragraph 4:
"(5) 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 1: 10 000 or more detailed soil block parts; in the case of sub-measures referred to in Article 2 (a), a plot of the production area; and
(b) an indication of the size of the individual parts of the soil blocks or parts thereof referred to in (a) kept in the land use register for the applicant. ';
Paragraphs 5 and 6 shall become paragraphs 6 and 7.
7. In Paragraph 9 (7), "5 'is replaced by" 6'.
8. In Article 12 (3) (b), the words "or 'are deleted and the following points (d) and (e) are added at the end of the paragraph:
"(d) none of the sub-aspects referred to in § 2 of Decree No. 330 / 2019 Coll., on the conditions for the implementation of successive agri-environmental climate measures; or
(e) the follow-up measure to organic farming pursuant to Government Regulation No 331 / 2019 Coll., on the conditions for implementing the downstream organic farming measure. ';
9. In Article 13 (3) (b), the words "or 'shall be deleted and the following shall be added at the end of the paragraph:
"(d) none of the sub-aspects referred to in § 2 of Government Decree No. 330 / 2019 Coll., or
(e) the follow-up to organic farming under Government Decree No 331 / 2019 Coll. ';
10.Paragraph 15 (3) reads as follows:
"(3) The part of the soil block on which the integrated vegetable and strawberry production is not applied may be included in the sub-measure
(a) none of the sub-measures referred to in Article 2;
b) agri-environmental measures pursuant to Article 2 of Decree-Law No 79 / 2007 Coll.,
(c) organic farming measures under Government Decree No. 76 / 2015 Coll.
(d) none of the sub-features referred to in § 2 of Decree No. 330 / 2019 Coll., or
(e) the follow-up to organic farming under Government Decree No 331 / 2019 Coll. ';
11. in Article 16 (3) (a), the word "or" shall be deleted and the following shall be added at the end of the paragraph: "or" and (c):
"(c) none of the sub-aspects listed in § 2 of Decree No. 330 / 2019 Coll. '.
12.Paragraph 17 (2) reads as follows:
"(2) Throughout the period of inclusion under Sections 2 (d) (1) to (5) and 7 to (10) of this Regulation, the applicant shall meet, each day, a control period of the livestock stocking density referred to in Annex 13 to this Regulation of not more than 1,15 livestock units per hectare allocated in the year of submission of the grant application under:
(a) Paragraph 2 (d) (1) to (5) and (7) to (10);
(b) Paragraph 2 (e) (1) to (6), from the second year of the commitment under Article 3 (3),
(c) § 2 (d) points 1 to 5 and 7 to 10 of the Government Decree No. 330 / 2019 Coll., or
(d) § 2 (e) of Decree No. 330 / 2019 Coll. '.
13. in Article 17 (6) (b):
"(b) except for non-grazing housed animals registered on the holding or stable registered on the holding of the applicant, which he shall indicate in the application for the grant and the area of the agricultural land kept in the land use register and classified in the year of submission of the application for the subsidy under:
1. § 2 (d), points 1 to 5 and 7 to 10,
2. Paragraph 2 (e) (1) to (6), from the second year of the commitment under Article 3 (3),
3. § 2 (d) points 1 to 5 and 7 to 10 of the Government Decree No. 330 / 2019 Coll., or
4. § 2 (e) of Government Decree No. 330 / 2019 Coll.,
in the case of calculation for the purposes of the condition referred to in paragraph 2, ';
14. in Paragraph 18 (2) (b), "5" is replaced by "6."
15. in Article 20 (3) (a), the words "or" shall be deleted and the words "or" and (c) shall be added at the end of the paragraph:
"(c) none of the sub-aspects listed in § 2 of Decree No. 330 / 2019 Coll. '.
16. in Paragraph 21 (3), the word "or" shall be deleted at the end of the text (b).
17. In Article 21, at the end of paragraph 3, the dot is replaced by "or 'and the following point (d) is added:
"(d) none of the sub-aspects listed in § 2 of Decree No. 330 / 2019 Coll. '.
18. in Article 21 (6) (a), the words "except for measures carried out in accordance with Sections 75 and 76 of the Plant Health Act, where point application of herbicides authorised in the relevant calendar year for use in the Czech Republic can be used on the biobelt surface," shall be deleted.
19. in Article 22 (3) (b), the word "a" is replaced by a comma and the following point (c) is inserted after point (b):
"(c) none of the sub-aspects listed in § 2 of Decree No. 330 / 2019 Coll., or '.
Point (c) shall be renumbered (d).
20. in Paragraph 22a (3) (c), "a" is replaced by a comma and the following point (d) is inserted after point (c):
"(d) none of the sub-aspects referred to in § 2 of Decree No. 330 / 2019 Coll., or '.
Point (d) shall be renumbered as point (e).
21. Paragraph 23 (4) reads:
"(4) The subsidy rate referred to in paragraph 1 (d) (2) to (5), (7), (8) and (10) shall be reduced:
(a) by 86 EUR / 1 hectare, if the part of the soil block located on the territory of the first protected landscape zone (13) or in a vulnerable area (13) in the territory defined in accordance with § 7 (11) sentence of the First Government Decree No. 262 / 2012 Coll.; if the part of the soil block located on the territory of the first protected landscape area (13) is only partially located, the subsidies shall be reduced only on that part of the soil block part;
(b) 76 EUR / 1 hectare for the part of the soil block situated in the territory of the national park13; If only part of the soil block is located in the territory of the national park13, the subsidy shall be reduced only on that part of the soil block part; where the applicant demonstrates that the part of the soil block is located in the built-up territory of the municipality or the stalled area of the municipality, this reduction shall not apply. ';
22. in Article 23 (5) to (12), the words "or under Government Regulation No 331 / 2019 Coll." shall be inserted after the words "No 76 / 2015 Coll.";
23. Paragraph 23 (13) reads:
"(13) The subsidy rate referred to in paragraph 1 (e) or (h) shall be reduced:
(a) by 86 EUR / 1 hectare, if the part of the soil block located on the territory of the first protected landscape zone (13) or in a vulnerable area (13) in the territory defined in accordance with § 7 (11) sentence of the First Government Decree No. 262 / 2012 Coll.; if the part of the soil block located on the territory of the first protected landscape area (13) is only partially located, the subsidies shall be reduced only on that part of the soil block part;
(b) 76 EUR / 1 hectare for the part of the soil block situated in the territory of the national park13; If only part of the soil block is located in the territory of the national park13, the subsidy shall be reduced only on that part of the soil block part; where the applicant demonstrates that the part of the soil block is located in the built-up territory of the municipality or the stalled area of the municipality, this reduction shall not apply. ';
24. In Article 23, the following paragraph 21 is added:
"(21) The subsidy referred to in paragraph 1 shall not be granted for part of the part of the land block registered in the land use register for which the procedure laid down in Article 3g (4) of the Agriculture Act has been applied. ';
25. in Article 27 (1) (c) (2) and Article 28 (1) (d) (2), the words "to the title referred to in Article 2 (c) (1) of Government Regulation No 79 / 2007 Coll., or" to the effect that, after the word "year", the words "to the title referred to in Article 2 (d) (1) to (5) and (7) to (10) of Government Regulation No 330 / 2019 Coll."
26. in Article 29 (1) (b) (1) and in Article 30 (1) (e) (3), the words "to the title referred to in Article 2 (c) (1) of Government Regulation No 79 / 2007 Coll., or" to the effect, "shall be inserted after the word" duration "and the words" under Article 3 (3) (d) (1) to (5) and (7) to (10) of Government Regulation No 330 / 2019 Coll. "
27. in Article 30 (1) (e) (4), the word "duration" is inserted after the word "year" and after the word "commitment" the words "pursuant to § 3 (3), under § 2 (d) (1) to (5) and 7 to 10 of the Government Regulation No 330 / 2019 Coll. or under § 2 (e) of the Government Regulation No 330 / 2019 Coll."
28. In Paragraph 34, the following paragraph 2 is inserted after paragraph 1, including footnote 26:
"(2) If, during the duration of the commitment for the part of the soil block, agricultural farming is prevented due to a change in the zonation of the national park26), the provisions on reductions, non-award or refund of the subsidy shall not apply.
26) Act No. 114 / 1992 Coll., as amended. '
Paragraphs 2 and 3 shall become paragraphs 3 and 4.
29. In Annex No 11, in row 2, the word "bull 'is inserted after the word" celery'.
Čl. II
Transitional provision
Applications initiated under Government Regulation No 75 / 2015 Coll., as effective before the date of entry into force of this Regulation, shall be completed under Government Regulation No 75 / 2015 Coll., as effective before the date of entry into force of this Regulation.
Čl. III
Efficacy
This Regulation shall take effect on 1 January 2020.
Prime Minister:
Z. Hamáček v. r.
1. Prime Minister and Minister for the Interior
Minister for Agriculture:
Ing. Toman, CSc., v. r.

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Regulation Information

CitationGovernment Regulation No 351 / 2019 Coll., amending Government Regulation No 75 / 2015 Coll., on the conditions for implementing agri-environmental climate measures and amending Government Regulation No 79 / 2007 Coll., on the conditions for implementing agri-environment measures, as amended, as amended
Regulation TypeRegulation
Author-
CollectionCode of Laws
Date of Promulgation20.12.2019
Effective from01.01.2020
Effective until-
Status Valid
The regulation text is for informational purposes only.
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