Government Regulation No. 36 / 2017 Coll.
Government Regulation amending Government Regulation No 29 / 2016 Coll., on the conditions for granting subsidies under forestry and climate and forest protection measures and amending certain related government regulations, and amending certain related government regulations
Valid
Effective from 01.03.2017
36
GOVERNMENT REGULATION
of 30 January 2017
amending Government Regulation No 29 / 2016 Coll., on the conditions for granting subsidies under forestry and climate and forest protection measures, and amending certain related government regulations, and amending certain related government regulations
The Government mandates pursuant to § 2c (5) of Act No. 252 / 1997 Coll., on Agriculture, as amended by Act No. 128 / 2003 Coll., Act No. 85 / 2004 Coll., Act No. 291 / 2009 Coll. and Act No. 179 / 2014 Coll., and under § 1 (3) of Act No. 256 / 2000 Coll., on the State Agricultural Intervention Fund and on the amendment of certain other laws (Act on the State Agricultural Intervention Fund), as amended by Act No. 441 / 2005 Coll., Act No. 291 / 2009 Coll. and Act No. 179 / 2014 Coll.:
Amendment of the Government Regulation on the conditions for granting subsidies under forestry, environmental, climate and forest protection measures
Government Regulation No. 29 / 2016 Coll., on the conditions for granting subsidies under forestry and climate and forest protection measures and amending certain related government regulations, is amended as follows:
1. In Article 3 (3), "March 'is replaced by" May'.
2. in Article 5 (1) and in Article 6 (1), the words "growing group" shall be deleted;
3. In Article 5 (5), the words "at the end of the text in point (b) shall be added; in the event that the approval period referred to in the plan or outline is higher than the upper limit of the approval period specified for the relevant crop type in the Annex to this Regulation, the value of the upper limit of the approval period for the relevant crop type as set out in the Annex to this Regulation shall be used to evaluate compliance with this condition. ';
4. In Article 5, the following sentence is added at the end of paragraph 7: "If, in the first year of the plan or outline, the applicant does not have a valid plan or outline in the data warehouse, the crop group may be classified on the basis of the dates of the previous plan or outline. '
5. In Article 6, at the end of paragraph 4, the sentence "If, in the first year of the plan or outline, the applicant does not have a valid plan or outline in the data warehouse, the crop group may be classified on the basis of the dates of the previous plan or outline. '
6. Paragraph 7 (4) and (5) read:
"(4) The applicant who has submitted an application for inclusion in the sub-measure referred to in Article 2 (a),
(a) indicate in the application for subsidy:
1. unequivocal identification3) of the selected ethnicity,
2. the area of the grassland group referred to in the application for classification for which it applies for grant;
3. data from the plan or outline; and
4. in the case of a renewal, an indication of the renewal carried out;
(b) submit annually to the Fund, together with an application for a subsidy, a notification confirmed by the forestry expert that there has been no change in the size of the crop group for the selected rotation;
(c) deliver, in the case of the renewal of the selected ethate of the growing group, together with a request for a grant
1. a renewal notification indicating the unequivocal identification3) of the act;
2. the date of the start of the recovery operations, the recovery procedure and the method and extent of the recovery in hectares carried out by the applicant during the period following the submission of the last application for subsidy; if the renewal has been initiated under a valid plan or outline prior to the inclusion of the applicant in the sub-measure referred to in Article 2 (a), the applicant shall, together with the application for the grant of the renewal notification, submit a notification in the first year of the commitment.
(5) The applicant who has submitted an application for inclusion in the sub-measure referred to in Article 2 (b) shall indicate in the application for subsidy:
(a) unequivocally identified3) a growing group meeting the conditions set out in Article 6 (2);
(b) the area of the crop group referred to in the application for classification for which it applies for the grant; and
(c) details of the plan or outline. ';
7. In Article 8 (1) (d), the words "all agricultural land managed by it 'are replaced by the words" soil blocks or parts thereof, kept in the land register on the applicant and';
8. in § 8 (2) (a), the text "§ 7 (4) (b) and (d)" is replaced by "§ 11 (10)."
9. footnote 11 is deleted, including the footnote reference.
10. in Article 9 (2), the words "on forest land 3)" shall be deleted;
11. in Paragraph 10 (4), the words "and, in the event of a reduction in the area, shall be added at the end of the text of point (a), and in the event of a reduction in the area, it shall decide to refund the subsidy to the area by which the original area was reduced."
12. in Article 10 (4) (b), the words "in accordance with paragraph 9" shall be inserted after the words "in accordance with paragraph 10 (4) (b), and the words" in the event of a reduction in the area, "shall be inserted after the words" in accordance with paragraph 9, "and the words" in the case of a reduction in the area, "shall be inserted after the words" in the case of a refund of the subsidy granted to the area for which the original area has been reduced. "
13. in Article 10 (5) (b), the words "as referred to in paragraph 9" shall be inserted after the words "the operator."
14. In Article 10, the words "as referred to in paragraph 9 'shall be added at the end of the text of paragraph 6.
15. in Paragraph 10 (8), "March" is replaced by "May."
16. in Article 11 (1), the word "at the latest" shall be inserted after the word "Fund."
17. Paragraph 11 (2) reads:
"(2) If, in the first year of the plan or outline, the applicant has not submitted an application for a change to the classification referred to in paragraph 1, the Fund shall, in the first year of the plan or outline, not take into account changes relating to the plan or outline. Any obligation to return the subsidy or part thereof shall not be affected. ';
18. in Article 11 (5) and (6):
"(5) The applicant shall submit to the Fund an application for a change to the classification referred to in Article 10 (8) no later than the year following the year of receipt of the results of the check in the case of an on-the-spot check of the non-compliance of the crop group with the classification referred to in Article 3 (5), and such non-compliance
(a) form a belt of more than 3 metres wide at the border of the crop group; or
(b) the spatial difference between the area classified by the crop group and the area found by the on-the-spot check shall be greater than 100 m2 for each sub-area.
(6) The Fund shall decide on the exclusion of the crop group from the sub-measure referred to in Article 2 and the reimbursement of the area subsidy of the listed crop group if the applicant does not submit an application for a change of classification on the grounds referred to in paragraph 5 or does not take into account such non-compliance in any subsequent application for a change of classification during the period of validity of the plan or outline. "
19. In Article 11, paragraphs 7 to 9 are added:
"(7) Where an applicant is required to submit an application for a change to the classification referred to in paragraphs 1 and 5, he shall only submit an application for a change to the classification referred to in paragraph 1.
(8) The applicant shall also take into account, in the application for a change to the classification referred to in paragraph 5, the reduction in the area of the crop group which occurred after an on-the-spot check has been carried out.
(9) The applicant shall submit to the Fund an application for an amendment to the classification indicating a new type of crop group where the modification of the crop type of the economic file chosen is carried out in accordance with the Annex to this Regulation for the sub-measure referred to in Article 2 (a) and with a view to maintaining or achieving a favourable conservation status in Natura 2000 areas or specially protected areas. This change shall be confirmed by the forest management and by the consistent opinion of the local competent nature conservation authority. ';
20.
"Annex to Government Regulation No 29 / 2016 Coll.
List of supported crop types of economic files, the main trees typical of the individual supported crop types of economic files and the upper limit of washing for subsection 2 (b). (a)
| Porostní typ | Kód porostního typu | Hlavní dřevina | Horní hranice obmýtní doby |
|---|---|---|---|
| Jedlový | 2 | jedle bělokorá, jedle obrovská | 120 |
| Dubový | 5 | dub letní, dub letní slavonský, dub zimní, dub pýřitý, dub bahenní, dub cer, duby ostatní | 140 |
| Bukový | 6 | buk lesní, javor mléč, javor klen, javor babyka, javor jasanolistý, javory ostatní, jilm habrolistý, jilm horský, jilm vaz, lípa srdčitá, lípa velkolistá, lípa stříbrná | 130 |
| Ostatní listnaté | 7 | jasan ztepilý, jasan americký, jasan úzkolistý, jeřáb ptačí, jeřáb břek, jeřáb muk, ořešák královský, ořešák černý, platan javorolistý, olše lepkavá, olše šedá, olše (křestice) zelená, vrba jíva, vrba bílá, jírovec maďal, kaštanovník jedlý | 100 |
| Topolový | 8 | topol bílý, topol černý, topol osika | 30 |
| Nízký les (pařeziny) | 9 | Nízký les (pařeziny) | 40 |
Transitional provision
The procedure for applications for grants initiated pursuant to Government Regulation No 29 / 2016 Coll., as effective before the date of entry into force of this Regulation, and until that date definitively completed, shall be completed in accordance with Government Regulation No 29 / 2016 Coll., as effective before the date of entry into force of this Regulation, with the exception of the requirement set out in Section 5 (5) (b) of Government Regulation No 29 / 2016 Coll., as effective from the date of entry into force of this Regulation, which shall apply first to the procedure for applications for grants for 2018.
Amendment of the Government Regulation on the conditions for granting subsidies for the conservation of the forest-based economic population under the Natura 2000 measure in forests
Government Regulation No. 147 / 2008 Coll., on the establishment of conditions for the granting of subsidies for the conservation of the economic population of forest land under the Natura 2000 measure in the forests, as amended by Government Regulation No. 51 / 2009 Coll., Government Regulation No. 83 / 2009 Coll., Government Regulation No. 480 / 2009 Coll., Government Regulation No. 369 / 2010 Coll., Government Regulation No. 106 / 2012 Coll., Government Regulation No. 448 / 2012 Coll., Government Regulation No. 76 / 2013 Coll., Government Regulation No. 400 / 2013 Coll., Government Regulation No. 400 / 2014 Coll., Government Regulation No. 308 / 2014 Coll., Government Regulation No. 113 / 2015 Coll., Government Regulation No. 29 / 2016 Coll., is amended as follows:
1. In Article 3 (5), the word "increase 'is replaced by" amend'.
2. in Article 4 (3) (a), the words "listed in the application for inclusion" shall be inserted after the words "group."
3. In Article 4 (3) (b), the part of the sentence after the semicolon, including the semicolon, is deleted.
4. In Paragraph 4 (3), the comma at the end of point (c) is replaced by a dot and point (d) is deleted.
5. in § 5 (c), the text "§ 4 (3) (d)" is replaced by "§ 7a (10)."
6. In Article 6 (2), the words "on forest land 'are deleted.
7. In Paragraph 7 (4), at the end of the text in point (a), the words "and in the event of a reduction in the area, it shall decide to refund the subsidy granted to the area by which the original area was reduced 'shall be added.
8. In Article 7 (4) (b), the words "and, in the event of a reduction in the area, shall be inserted after the words" the area to be changed, "and, in the case of a reduction in the area, shall be replaced by the words" a refund of the subsidy granted to the area to which the original area has been reduced. "
9. In Article 7 (8), "March 'is replaced by" May'.
10. In Article 7a (1), the word "at the latest 'shall be inserted after the word" Fund'.
11. in Article 7a (2):
"(2) If, in the first year of the plan or outline, the applicant has not submitted an application for a change to the classification referred to in paragraph 1, the Fund shall, in the first year of the plan or outline, not take into account changes relating to the plan or outline. Any obligation to return the subsidy or part thereof shall not be affected. ';
12. in Article 7a (5) and (6):
"(5) The applicant shall submit to the Fund an application for an amendment to the classification in accordance with Article 7 (8) no later than the year following the year of receipt of the results of the check in the case of an on-the-spot check of the non-compliance of the crop group with the classification in accordance with Article 3 (4), and such non-compliance
(a) form a belt of more than 3 metres wide at the border of the crop group; or
(b) the spatial difference between the area of the selected grassland group and the area of the grassland group determined by the on-the-spot check shall be greater than 100 m2 for each sub-area.
(6) The Fund shall decide on the exclusion of the crop group in order to maintain the economic population and to refund the area subsidy to the selected crop group if the applicant does not submit an application for a change of classification for the reason referred to in paragraph 5 or does not take into account such non-compliance in any subsequent application for a change of classification, for the duration of the plan or outline. "
13. In Article 7a, paragraphs 7 to 9 are added:
"(7) Where an applicant is obliged to submit an application for a change to the classification in accordance with paragraphs 1 and 5, the applicant shall submit an application for a change to the classification only in accordance with paragraph 1.
(8) The applicant shall also take into account, in the application for a change to the classification referred to in paragraph 5, the reduction in the area of the crop group which occurred after an on-the-spot check has been carried out.
(9) The applicant shall submit to the Fund an application for an amendment to the classification indicating the new crop type of the economic file if the modification of the crop type of the selected crop group is carried out in accordance with the Annex to this Regulation and with a view to maintaining or achieving a favourable conservation status in Natura 2000 areas. This change shall be confirmed by the forest management and by the consistent opinion of the local competent nature conservation authority. ';
Transitional provision
Proceedings on applications for grants initiated pursuant to Government Regulation No. 147 / 2008 Coll., as effective before the date of entry into force of this Regulation and not final until that date, shall be completed in accordance with Government Regulation No. 147 / 2008 Coll., as effective before the date of entry into force of this Regulation.
Amendment of the Government Regulation on the conditions for granting subsidies on forestry-environmental measures
Government Regulation No. 53 / 2009 Coll., on the establishment of conditions for granting subsidies to forestry environmental measures, as amended by Government Regulation No. 83 / 2009 Coll., Government Decree No. 480 / 2009 Coll., Government Decree No. 369 / 2010 Coll., Government Decree No. 108 / 2012 Coll., Government Decree No. 448 / 2012 Coll., Government Decree No. 75 / 2013 Coll., Government Decree No. 400 / 2013 Coll., Government Decree No. 29 / 2014 Coll., Government Decree No. 308 / 2014 Coll., Government Decree No. 113 / 2015 Coll., Government Decree No. 29 / 2016 Coll., is amended as follows:
1. In Article 3 (5), the word "increase 'is replaced by" amend'.
2. In Article 4 (3), the words "listed in the application for inclusion 'shall be inserted after the words" group'.
3. In Article 6 (3), the words "on forest land (3) 'are deleted.
4. In Paragraph 7 (4), at the end of the text in point (a), the words "and in the event of a reduction in the area, it shall decide to refund the subsidy granted to the area by which the original area was reduced 'shall be added.
5. In Article 7 (4) (b), the words "and, in the event of a reduction in the area, shall be inserted after the words" the area to be changed, "and, in the case of a reduction in the area, shall be replaced by the words" a refund of the subsidy granted to the area to which the original area has been reduced. "
6. In Article 7 (8), "March 'is replaced by" May'.
7. In Article 8 (4), the word "at the latest" shall be inserted after the word "Fund."
8. Paragraph 8 (7) to (9) reads as follows:
"(7) The applicant shall submit to the Fund an application for an amendment to the classification in accordance with Article 7 (8) no later than the year following the year of receipt of the results of the check in the case of an on-the-spot check of the non-compliance of the crop group with the classification in accordance with Article 3 (4), and such non-compliance
(a) form a belt of more than 3 metres wide at the border of the crop group; or
(b) the spatial difference between the area of the selected grassland group and the area of the grassland group established by the on-the-spot check shall be greater than 100 m2 for each sub-area.
(8) The Fund shall decide on the exclusion of the crop group in order to improve the species composition and to refund the area subsidy of the selected crop group if the applicant does not submit an application for a change of classification on the grounds referred to in paragraph 7 or does not take into account such non-compliance in any subsequent application for a change of classification, during the period of validity of the plan or outline.
(9) If, in the first year of the plan or outline, the applicant has not submitted an application for a change to the classification in accordance with paragraph 4, the Fund shall not take into account changes in the first year of the plan or outline. Any obligation to return the subsidy or part thereof shall not be affected. ';
9. In Article 8, paragraphs 10 and 11 are added:
"(10) The applicant shall also take into account, in the application for a change to the classification referred to in paragraph 7, the reduction in the area of the crop group which occurred after the on-the-spot check has been carried out.
(11) Where an applicant is obliged to submit an application for a change to the classification in accordance with paragraphs 1 and 7, the applicant shall submit an application for a change to the classification only in accordance with paragraph 1. ';
Transitional provision
The procedure for applications for grants initiated pursuant to Government Regulation No. 53 / 2009 Coll., as effective before the date of entry into force of this Regulation, and until that date definitively completed, shall be completed in accordance with Government Regulation No. 53 / 2009 Coll., as effective before the date of entry into force of this Regulation.
Efficacy
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Prime Minister:
Sobotka v. r.
Minister for Agriculture:
Ing. Jurečka v. r.
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Regulation Information
| Citation | Government Regulation No. 36 / 2017 Coll., amending Government Regulation No. 29 / 2016 Coll., on the conditions for granting subsidies under forestry and climate and forest protection measures, and amending certain related government regulations, and amending certain related government regulations |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 14.02.2017 |
|---|---|
| Effective from | 01.03.2017 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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