Government Regulation No. 43 / 2018 Coll.
Government regulations on the conditions for granting payments to mountain areas and other areas with natural or other specific constraints and amending certain related government regulations
Valid
Effective from 01.04.2018
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43
GOVERNMENT REGULATION
of 14 March 2018
on the conditions for granting payments to mountain areas and other areas with natural or other specific restrictions and amending certain related government regulations
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.:
CONDITIONS FOR PROVISION OF PAYMENTS FOR HORSE AREAS AND OTHER AREAS WITH NATURAL OR OTHER SPECIAL LIMITATIONS
Subject matter
This Regulation lays down detailed rules for the granting of payments for mountain areas and other areas with natural or other specific limitations (2) (hereinafter referred to as "the area with natural constraints'), following directly applicable European Union1.
Breakdown of areas with natural constraints
(1) Areas with natural constraints are:
(a) mountains which are further divided into:
1. type H1,
2. type H2,
3. Type H3,
4. type H4,
5. type H5,
(b) others subdivided into:
1. type O1,
2. type O2,
Type 3 O3,
(c) of the specific type S.
(2) Catastral territories falling within areas with natural constraints referred to in paragraph 1 are listed in Annex 1 to this Regulation.
Applicant for payment
(1) A natural or legal person may apply for payment for an area with natural constraints (hereinafter referred to as "payment") which has an agricultural holding in areas with natural constraints of at least 1 hectare of agricultural land held on it in the land use register under the Agricultural Law (hereinafter referred to as "land use register") for which payment may be granted pursuant to Article 5 (3).
(2) The organisation of the State may also apply for payment under the law on the property of the Czech Republic and its presentation in legal relations which fulfils the conditions laid down in paragraph 1.
(3) The person referred to in paragraph 1 or the organisational body of the State referred to in paragraph 2 (the applicant) shall deliver to the Fund an application for payment by 15 May of the calendar year concerned, using the form issued by the Fund for the calendar year concerned under the single application (3).
Application for payment
(1) The application for payment ("the application") contains:
(a) the formalities provided for in Article 3 (2) of the Agriculture Act;
(b) the list of land block parts kept in the land use register for which the applicant requests payment, including:
1. their areas; if the part of the soil block is not in the territory of one type of area with natural constraints, the individual areas of the part of the soil block situated in the relevant type of area with natural constraints shall be indicated in the application; and
2. the inclusion of the soil block part in the relevant type of areas with natural constraints;
(c) a drawing of the soil block parts referred to in (b) on the 1: 10 000 scale soil block parts map or more detailed; and
(d) a declaration by the applicant that it undertakes to comply with the cross-compliance rules set out in Annexes 1 to 4 to Government Regulation No 48 / 2017 Coll., laying down requirements according to the acts and standards of good agricultural and environmental condition for areas of cross-compliance and the consequences of infringements for the granting of certain agricultural aid, as amended, throughout the calendar year in respect of all agricultural land managed by it.
(2) Where the applicant grows rapidly growing timber on one of the parts of the soil blocks referred to in the application, the application shall be accompanied by an indication of:
(a) the species of rapidly growing trees and their hybrids; and
(b) the calendar year of the establishment of the crop with rapidly growing trees and the calendar year of the last washing, if any.
(3) The minimum area for which application may be made is 1 hectare of agricultural land as referred to in Article 5 (3). Where agricultural land is situated in more than one type of area with natural constraints pursuant to Paragraph 2 (1), the minimum area shall cover the sum of each type of area with natural constraints.
(4) If the application is received after the period referred to in § 3 (3), the Fund shall reduce or reject the payment under the conditions laid down in European Union4.
(5) Any amendment to the application under the conditions laid down in the directly applicable European Union7) shall be notified by the applicant to the Fund by 31 May of the relevant calendar year using the form issued by the Fund.
(6) The application referred to in paragraph 1 may not be submitted to the Fund for a period beginning in 2023 and thereafter.
Payment
(1) Payment is granted by the Fund for the share of the soil block held in the land use register located in an area with natural constraints.
(2) The Fund shall calculate the payment for the relevant calendar year as the product of the applicant's agricultural land areas referred to in paragraph 3 in a given type of area with natural constraints and the rates referred to in Article 6 (8). Only the part of the soil block specified in the application shall be taken into account when calculating the payment.
(3) Payment may be granted on agricultural land on which the type of agricultural culture is kept in the land use register:
(a) arable land;
(b) permanent grassland; or
(c) permanent culture; in the case of rapidly growing timber grown in breeding plantations, payment may be granted only for species of fast growing timber and their cross-breeds grown in breeding plantations in the Czech Republic listed in Annex 2 to this Regulation, subject to compliance with their maximum harvest cycle length.
(4) The Fund provides payment in the currency of the Czech Republic; the rate of payment referred to in Article 6 (8) shall be converted at the exchange rate published in the last Official Journal of the European Union on 31 December of the calendar year preceding the year for which the payment is granted. If the exchange rate is not fixed at that date, the nearest preceding shall apply.
(5) Where part of the soil block is located only partially in the cadastral territory referred to in Annex 1 to this Regulation, payment shall be made for that part of the soil block.
(6) The minimum area for which payment may be granted is 1 hectare of agricultural land situated in an area with natural constraints.
(7) The Fund shall adjust the payment calculated in accordance with paragraph 2 by exceeding the area of eligible agricultural land,
(a) 300 ha, reduce the payment by 10% to the excess area;
(b) 500 ha, reduce the payment by 18% to the excess area;
(c) 900 ha, reduce the payment by 22% to the excess area;
(d) 1 800 ha, shall reduce the payment by 27% to the excess area; and
(e) 2,500 ha, shall reduce the payment by 30% to the excess area.
(8) Fund for the purpose of adjusting the amount of payment referred to in paragraph 7
(a) determine the area of type H1;
(b) add the area of type H2 to the area determined in accordance with (a);
(c) add the area of type H4 to the area determined in accordance with (b);
(d) add the area of type H3 to the area determined in accordance with (c);
(e) add an area of type H5 to the area determined in accordance with (d);
(f) add the area of type O1 to the area determined in accordance with (e);
(g) add the area of type O2 to the area determined in accordance with (f);
(h) add the area of type O3 to the area determined in accordance with (g); and
(i) add the area of type S to the area determined in accordance with point (h).
Rate
(1) The rate per hectare of agricultural land in an area with natural constraints is differentiated according to the applicant's farming
(a) prevailing livestock production; or
(b) prevailing plant production.
(2) The predominant livestock production is:
(a) the average stocking density of the applicant kept livestock referred to in Annex 3 to this Regulation for each day of the control period from 1 January to 31 December of the calendar year preceding the calendar year for which the applicant applies shall be at least 0,3 livestock units per hectare of agricultural land kept in the land use register with the type of agricultural crop arable land, permanent grassland and permanent culture; and
(b) the stocking density of the applicants for livestock referred to in Annex 3 to this Regulation on each day of the control period from 1 June to 30 September of the calendar year for which the applicant applies shall be at least 0,3 livestock units per hectare of agricultural land kept in the land use register with the type of agricultural crop arable land, permanent grassland and permanent culture; where the livestock density is less than 0,3 livestock units, it shall not be assessed for a maximum of 4 days of the control period.
(3) Where, on 1 January of the calendar year preceding the year for which the application is submitted, the applicant has not been registered in the central registration system under the breeding law and in the land use register, paragraph 2 (a) shall not apply.
(4) The predominant plant production shall be in a case other than that referred to in paragraph 2.
(5) For the purposes of paragraph 2, the livestock stocking density shall be calculated as the proportion of the number of applicants of farmed livestock converted into livestock units as referred to in Annex 3 to this Regulation on the relevant date of the control period referred to in paragraph 2 (a) or (b) and identified from the information system of the central register according to the breeding act or on-the-spot check, or in accordance with paragraph 6 or 7, and the area of agricultural land used with the type of agricultural crop, permanent grassland and permanent culture managed by the applicant on the relevant date of the control period, irrespective of whether they are included in the area with natural constraints.
(6) Where an applicant holds horses during the control period referred to in paragraph 2 (a) or (b), he shall deliver to the Fund by 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 rearing, which shall be drawn up on the basis of data from the equine register, and shall contain information on the number of horses kept converted into livestock units in accordance with Annex 3 to this Regulation and the category of horses kept.
(7) If the applicant does not deliver to the Fund a copy of the equine register on the holding and the declaration of breeding referred to in paragraph 6, the horses shall not be taken into account in the calculation of the stocking density unless it is found otherwise by an on-the-spot check.
(8) The rate per ha of agricultural land in an area with natural constraints is for applicants:
(a) the predominant livestock production:
EUR 1.219 in the H1 region;
EUR 2.206 in the H2 region;
EUR 3.145 in the H3 region;
EUR 4.176 in the area of type H4,
EUR 5.132 in the H5 region,
EUR 6.124 in the O1 region;
EUR 7.98 in the O2 area;
EUR 8.73 in the O3 region,
EUR 9.67 in type S,
(b) prevalent plant production
EUR 1.93 in the area of type H1,
EUR 2.87 in the area of type H2,
EUR 3.61 in the H3 region;
EUR 4.74 in the H4 region;
EUR 5.56 in the H5 region,
EUR 6.53 in the O1 region,
EUR 7.41 in the O2 area;
EUR 8.31 in the O3 region,
EUR 9.28 in type S.
Conditions for payment
The Fund shall make the payment in full if:
(a) the applicant shall farm in areas with natural constraints for at least 1 hectare of agricultural land eligible for payment under Article 5 (3);
(b) the applicant complies with the cross-compliance rules set out in Annexes 1 to 4 to Government Regulation No 48 / 2017 Coll., in the calendar year for which payment is to be made;
(c) the part of the land block for which payment is requested shall be kept in the land use register for the applicant at least from the date of receipt of the application of the Fund by 30 September of the relevant calendar year, while at the same time the soil block shall have the type of agricultural culture referred to in Article 5 (3) throughout the period referred to; and
(d) the applicant for the area of agricultural land with a type of agricultural culture grassland, permanent grassland and standard arable land for which payment is requested in the relevant calendar year shall ensure that agricultural management is ensured in accordance with Article 7 of Government Regulation No 50 / 2015 Coll., laying down certain conditions for granting direct payments to farmers and amending certain related government regulations, as amended.
Notification of the transfer of a business establishment
(1) If, following an application for a transfer of a business establishment pursuant to Article 8 of Commission Regulation (EU) No 809 / 2014, the transferee notifies the Fund of such transfer by means of a form issued by the Fund no later than 30 calendar days from the date on which the transfer of land block parts took place in the land use register to the transferee.
(2) The stocking density referred to in Article 6 (2) (b) shall not be assessed for a maximum period of 15 days before or after the date on which the agricultural land was transferred to the transferee in the land use register.
Provision of reduced payment
If the Fund finds that the applicant has not declared all the area under the single application (3) in accordance with Article 72 (1) (a) of Regulation (EU) No 1306 / 2013 of the European Parliament and of the Council and the difference between the total area indicated in the application and the total total area indicated in the application and the non-declared application is:
(a) more than 3% but less than or equal to 4% of the area declared in the application, reduce the payment by 1% 5);
(b) more than 4% but less than or equal to 5% of the area declared in the application, reduce the payment by 2% 5); or
(c) higher than 5% of the area declared in the application, reduced the payment by 3% 5).
Non-payment
(1) The Fund shall not grant payment at an area acquired in accordance with Article 8, unless the transferee of the Fund provides a notification of the transfer to the Fund issued by the form, no later than 30 calendar days after the transfer of land block parts in the land use register.
(2) The Fund will not make payment for the relevant part of the land block if it finds that it has been followed in accordance with Section 3g (4) of the Agriculture Act.
Repayment
The Fund shall decide on the reimbursement of the payment or part thereof for the calendar year concerned, if it finds that the applicant to whom the payment was granted did not fulfil the conditions for granting it.
Common provision
If the conditions laid down in this Regulation have not been complied with as a result of an intervention of a higher power (6), the provisions on reduction, non-payment or reimbursement of payment provided for in paragraphs 9 to 11 shall not apply.
Data relevant for the definition of areas with natural constraints
The data relevant for the definition of areas with natural constraints are the boundaries of the cadastral territories in force on 31 December 2012.
Rounding
The Fund shall apply mathematical rounding to 2 decimal places when calculating the figures under this Regulation.
Assessment of farming in 2019 and 2020
(1) For applications submitted in 2019, the control period for the calculation of the average stocking density of the applicant kept livestock referred to in Article 6 (2) (a) shall be determined from 1 January to 30 September 2018 if the applicant has indicated in the application for payment referred to in Article 3 (3) that the livestock situation has been reduced as a result of the drought in 2018.
(2) For applications submitted in 2020, the control period for the calculation of the average stocking density of the applicant kept livestock referred to in Article 6 (2) (a) shall be determined from 1 May to 31 December 2019 if the applicant has indicated in the application for payment referred to in Article 3 (3) that the livestock situation as a result of the drought has been reduced in 2018.
(3) For applications submitted in 2020, the dates on which the livestock stocking density is less than 0,3 livestock units shall not be assessed in the calculation of the stocking density of the applicant for livestock on each day of the control period from 1 June to 30 September in accordance with Article 6 (2) (b).
Time limits for submission of payment applications for 2020
(1) For 2020, the application for payment referred to in Article 3 (3) may be submitted to the Fund by 15 June 2020.
(2) Where the application for payment is received for 2020 after the deadline referred to in paragraph 1, Paragraph 4 (4) shall apply mutatis mutandis.
Amendment of the Government Regulation on certain conditions for granting direct payments to farmers
Government Regulation No. 50 / 2015 Coll., on the establishment of certain conditions for granting direct payments to farmers and amending certain related government regulations, as amended by Government Regulation No. 113 / 2015 Coll., Government Regulation No. 185 / 2015 Coll., Government Regulation No. 61 / 2016 Coll., Government Regulation No. 236 / 2016 Coll., Government Regulation No. 423 / 2016 Coll., Government Regulation No. 48 / 2017 Coll., Government Regulation No. 49 / 2017 Coll. and Government Regulation No. 427 / 2017 Coll., are amended as follows:
1. in Paragraph 2 (1), point (a), including footnote 2, shall be deleted;
Points (b) and (c) shall become points (a) and (b).
2. In Article 2 (2), "(a) and (c) 'is replaced by" (b)';
3. Article 3 shall be deleted, including the title.
4. in Article 7 (3) (a) (2), the words "which are at least 50% in the area referred to in Article 2 (1) (a) (1) of Government Regulation No 72 / 2015 Coll., on the conditions for granting payments for areas with natural or other specific constraints, as amended," shall be replaced by the words "which, according to land use records, are at least 50% in the area referred to in Article 2 (1) (a) (1) of Government Regulation No 43 / 2018 Coll., on the conditions for granting payments for mountain areas and other areas with natural or other specific constraints and amending certain related regulations of the Government."
5. In Article 7 (3) (b) (2), the words "which are at least 50% in the area referred to in Article 2 (1) (a) (1) of Government Regulation No 72 / 2015 Coll., as amended 'are replaced by the words" which, according to land use records, is at least 50% in the area referred to in Article 2 (1) (a) (1) of Government Regulation No 43 / 2018 Coll.';
6. In Article 18, the following paragraph 4 is added:
"(4) The Fund shall provide the applicant with a payment for farmers complying with agricultural practices favourable to the climate and the environment if he keeps records of:
(a) the uses of plant protection products as referred to in Article 67 (1) of Regulation (EC) No 1107 / 2009 of the European Parliament and of the Council of 21 October 2009 concerning the placing of plant protection products on the market and repealing Council Directives 79 / 117 / EEC and 91 / 414 / EEC; and
(b) the date of sowing and harvesting of nitrogen-binding crops. ';
7. in Articles 22 (1) and 23 (1), the words "Article 2 (1) (h) of the Act on the Central Audit and Examination Institute of Agriculture" shall be replaced by the words "Article 3q of the Act on Agriculture."
8. In Article 22 (6), the words "Paragraph 2 (1) (h) of the Act on the Central Control and Examination Institute of Agriculture and in accordance with Decree No. 88 / 2006 Coll., on the manner and extent of the requirement of data on fruit orchards managed under the intensive fruit scheme 'are replaced by" § 3q of the Act on Agriculture'.
9. in Articles 29 (2) and 30 (2), "(c)" is replaced by "(b)."
10. Annex No 1 shall be deleted;
11. In Annex 2, in the second column of the table, the word "rinse 'is replaced by" harvest cycle'.
12. In Annex 3, row:
"Areas with rapidly growing trees grown in nurseries 0,3"
is replaced by:
"Areas with rapidly growing timber grown in nurseries 0,5 '.
13. In Annex 3, row:
"Areas with nitrogen-binding crops 0,7"
is replaced by:
"Area with nitrogen-binding crops 1."
Amendment of the Government Regulation on the conditions for granting payments to areas with natural or other specific constraints
In Article 5 of Decree-Law No 72 / 2015 Coll., on the conditions for granting payments for areas with natural or other specific constraints, as amended by Decree-Law No 49 / 2017 Coll., the following paragraph 5 is added:
"(5) The application referred to in paragraph 1 may not be submitted to the Fund for a period beginning in 2018."
Amendment of the Government Regulation on the conditions for granting payments in Natura 2000 areas on agricultural land
In Article 6 (d) of Government Regulation No 73 / 2015 Coll., on the conditions for granting payments in Natura 2000 areas on agricultural land, as amended by Government Regulation No 64 / 2016 Coll., "§ 7 (2) (c) and § 7 (3) 'is replaced by" § 7'.
Amendment of the Government Regulation on the conditions for implementing agri-environmental climate measures
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., and Government Regulation No. 28 / 2018 Coll., are amended as follows:
1. In Article 9 (2), the words "in the case of sub-measures under Article 2 (d), the part of the land block referred to in the application for subsidy is defined in accordance with Article 1 of Decree-Law No 307 / 2014 Coll. and classified in accordance with Article 16 (5) 'are added at the end of the text in point (a).
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Regulation Information
| Citation | Government Regulation No. 43 / 2018 Coll., on the conditions for granting payments to mountain areas and other areas with natural or other specific constraints and amending certain related government regulations |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 23.03.2018 |
|---|---|
| Effective from | 01.04.2018 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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