Decree No. 432 / 2005 Coll.
Order laying down the conditions and arrangements for granting financial compensation for damage caused by restrictions on agricultural production, the form and formalities for the exercise of the right
Valid
Order
Effective from 01.11.2005
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432
DECLARATION
of 18 October 2005
laying down the conditions and arrangements for granting financial compensation for damage caused by restrictions on agricultural production, the form and formalities for the exercise of entitlement
The Ministry of the Environment and the Ministry of Agriculture, pursuant to § 58 (6) of Act No. 114 / 1992 Coll., on the Conservation of Nature and Landscape, as amended by Act No. 218 / 2004 Coll., hereinafter referred to as "the Act ':
Subject matter
(1) This Decree lays down the conditions for granting financial compensation for damage caused by restrictions on agricultural production within the meaning of Article 58 (2) of the Act (hereinafter referred to as "compensation '), the model of the exercise of the right, the formalities for the exercise of the right and the method for determining the amount of the refund in cases where the restriction on agricultural production has resulted from:
(a) a prohibition on fertilisation to agricultural soils (1), with the exception of permanent cultures16);
(b) a ban on the use of mineral fertilisers on agricultural land, with the exception of permanent crops;
(c) prohibition on the use of rodenticides on arable land;
(d) prohibition on the use of other biocides on arable land;
(e) temporary exclusion of arable land management;
(f) temporary exclusion of arable land management, with the possibility of growing grassland (17);
(g) temporary exclusion of grassland management (17);
(h) prohibition of restocking or housing of grassland (17);
(i) reversal of the term mowing on grassland 17),
(j) the difficulties in grazing livestock in the areas of the repeated occurrence of wolf;
(k) the exclusion or reduction of the fish stock or as a result of other restrictions leading to the reduction of the yield of the fish stock;
(l) changes in the species composition of the fish stock; or
(m) exceptional or more costly measures.
(2) That decree shall also lay down the formalities for claiming the damage caused by restrictions on agricultural production in cases other than those referred to in paragraph 1.
Definition of terms
For the purposes of this decree:
(a) the agricultural management of the use of agricultural parcels in a manner consistent with the characteristics of the types of parcels and the use of land under the specific legislation2) and the management of fish and aquatic poultry ponds (3);
(b) the flooded area of the pond area at normal level specified in the water management permit or in the handling order;
(c) by making grazing more difficult, the costs of taking care of preventive measures to protect livestock against attacks by a wolf or the costs of another organisation of grazing and livestock farming as a result of the presence of a wolf in grazing areas.
Granting of compensation
(1) If the owner or the lessee changes during the calendar year in which the injury occurred or lasted, he shall be compensated for the period in which the agricultural parcel or pond of fish or aquatic poultry (hereinafter referred to as "land") was owned or leased.
(2) Compensation for damage incurred in a multi-hot pond shall be paid at the end of the cycle on the basis of applications submitted in each calendar year of the cycle within the period laid down in Section 58 (3) of the Act.
(3) The compensation for the limitation provided for in Article 1 (1) (e), (f) and (g) is paid for a maximum period of 5 years starting from the year in which the restriction was imposed.
Forms of entitlement and model of entitlement
(1) In the application claiming entitlement, the applicant shall indicate:
(a) the name, surname, date of birth and place of permanent residence, or any other address for service, if any, if it is for a natural person; in the application relating to its business activity, the natural person shall indicate the name and surname or, where applicable, the addendum distinguishing the person of the entrepreneur or the type of business relating to that person or the type of business operated by that person, the identification number of the persons and the address registered in the commercial register or other legally regulated register as the place of business, or any other address for service; the legal person shall indicate in the application his name or business name, identification number of the persons, or similar indication and address of the registered office, or any other address for service;
(b) the information required for payment of the refund, namely:
1. if the applicant requests payment on an account held in the Czech Republic, the account number in the national format and the name and surname or name of the account holder;
2. where the applicant requests payment for an account held abroad in a territory that is part of the European Union, the European Economic Area or SEPA, the account number in IBAN format and the name and surname or name of the account holder;
3. where the applicant requests payment for an account held outside the territory of the European Union, the European Economic Area or SEPA, the account number in IBAN format or in other available format, the name and surname or name of the account holder and the address of his or her registered office, residence or place of business, including the State, and the BIC of the foreign bank that holds the account, or any other code thereof; if the bank does not have its code, the name of the foreign bank and the address of its registered office or branch, including the State,
(c) the amount of the refund requested, calculated in accordance with the procedure laid down in this Order,
(d) the justification for the claim by reference to the provisions of the law or, where applicable, the implementing act or a specific final decision, a binding opinion or consent issued pursuant to the law or its implementing act giving rise to a restriction or a contract declaring the territory as protection18), which implies a restriction on which the applicant claims compensation; and
(e) the Annex, except in the case of multi-hot pond management, where applications are submitted in the calendar years preceding the end of the pond business cycle without an annex.
(2) The Annex to the application contains:
(a) the cadastral territory, the species, the area and the parcel number of the land to which the compensation is claimed;
(b) an affidavit stating that the applicant has owned or had leased land or part thereof for the period for which he claims compensation for the damage to that land; the nature conservation authority responsible for providing the financial compensation shall be entitled, in case of doubt, to invite the applicant to provide evidence of a document proving the ownership or user relationship to the land and the applicant shall be obliged to provide proof to the competent nature conservation authority of the required documents within 30 days of the date of receipt of the call,
(c) proof that a financial contribution has been granted for a restriction on grounds of nature conservation pursuant to Article 69 of the Act or compensation under other legislation9), including proof of its amount and, where appropriate, a declaration of honour that it has not been granted;
(d) proof of the financial amount granted on the land for which the refund is claimed by public funds in the form of a grant, grant or compensation for the purpose of the corresponding restriction to which the applicant claims compensation, in the calendar year for which the refund is claimed, to the owner or lessee of the land, or, where applicable, a declaration of honour that such an amount has not been granted; where such amounts paid from public budgets in previous years relate to the calendar year for which compensation is requested, the applicant shall also provide evidence of such financial amounts,
(e) a final decision with a mark-up on the acquisition of legal authority, a binding opinion or consent issued pursuant to a law or its implementing legislation or a contract of declaration of the territory as protected (18), showing the restriction to which the applicant claims compensation; such documents need not be accompanied if they have been issued by the nature conservation authority responsible for providing financial compensation,
(f) a final decision which results in a reduction of the restriction on the basis of which the damage was caused or persistent10) or, where appropriate, a solemn declaration that such a decision was not given; a final decision need not be attached where it has been issued by the nature conservation authority responsible for providing financial compensation;
(g) an affidavit stating that the restriction to which the applicant claims compensation did not occur in full or in part on the basis of another title;
(h) the procedure for calculating the amount of the refund under this Order, including the input data used for the calculation;
(i) the amount corresponding to the reduction in the normal volume of production resulting from a restriction on agricultural production other than that provided for in Article 58 (2) of the Act or of harmful events, or, where appropriate, a solemn declaration that no such reduction has taken place;
(j) a declaration of the validity of the supporting documents referred to in (a) to (i) in the event that they have not changed.
(3) In case of management of fish or aquatic poultry ponds, the Annex to the application, in addition to the information referred to in paragraph 2, shall contain:
(a) a valid permit for the management of waters under the Water Code (11);
(b) an indication of the flooded surface of the pond at normal level;
(c) a record of the management and the economic result achieved in the pond (12);
(d) a decision setting out the conditions for the use of defective substances or allowing an exemption in the application of defective substances under the Water Law (13), if issued.
(4) The model of the declaration of honour referred to in Article 2 (b), (c), (d), (f), (g) and (i) is set out in Annex 1 to this order.
(5) Where there is a restriction on agricultural holdings pursuant to Article 1 (1) (m) or Article 1 (2), the Annex to the application shall contain a document stating:
(a) a description of the specific effects of the restrictions on the economy;
(b) the procedure for calculating the amount of the refund, including the justification;
(c) the input data used for the calculation; where input data exist in paper form, they are included in the document;
(d) the amount of the refund required, calculated on the basis of the information referred to in (a) to (c).
(6) The model for the exercise of the right is set out in Annex 2 to this Order.
Method of determining the amount of compensation for the agricultural land restriction
The method of determining the amount of the refund in the cases referred to in § 1 (a) to (i) is set out in Annex 3 to this Order.
Common provision
(1) The amount corresponding to the reduction of the normal volume of production shall be deducted from the compensation calculated in accordance with this Decree from any restrictions on agricultural production other than those laid down in Paragraph 58 (2) of the Act or from harmful events and the amount granted to the owner or lessee of the land from public budgets by means of a grant, contribution or compensation for the purpose of the corresponding restriction to which the applicant claims compensation.
(2) The payment of compensation for an account held abroad may be made in a currency other than the Czech currency, the applicant shall bear the cost of the exchange of currencies and the cost of the transfer to an account held outside the European Union, the European Economic Area or SEPA.
(3) On request, the applicant shall also communicate other information not covered by Section 4 (1) (a) if this is necessary for the payment of the refund.
Efficacy
This Decree shall take effect on 1 November 2005.
Minister of Environment:
RNDr. Ambrozek v. r.
Minister for Agriculture:
Ing. Zgarba v. r.
Příloha č. 1
Annex No 1 to Decree No 432 / 2005 Coll.
MODEL Statement of the applicant for financial compensation for damage caused by restrictions on farming
Příloha č. 2
Annex No 2 to Decree No 432 / 2005 Coll.
Request for compensation for damage caused to the agricultural holding
Příloha č. 3
Annex 3 to Decree No. 432 / 2005 Coll.
Method of fixing the refund
(1) The amount of compensation resulting from the fertilisation prohibition (1), except for permanent crops, shall be calculated using the formula:
N Z1 = AZ × p,
where
N Z1 = annual compensation of damage resulting from fertilisation ban on agricultural soils 1) in CZK,
A Z = the rate of compensation for a fertilisation ban per ha of agricultural soils (1) except permanent crops in CZK / ha / year, fixed for temporary restrictions on arable land (AZ1) or permanent restrictions on arable land (AZ2) or temporary restrictions on permanent grassland (AZ3), or permanent restrictions on grassland (AZ4).
p = area of land in ha to which the applicant claims compensation, to the nearest two decimal places.
(2) The amount of compensation resulting from the prohibition on the use of mineral fertilisers on agricultural soils (1), with the exception of permanent crops, shall be calculated using the formula:
N Z2 = BZ × p,
where
N Z2 = annual compensation for damage resulting from the ban on application of mineral fertilisers on agricultural land, except for permanent crops in CZK,
BZ = rate of refund for the ban on the application of mineral fertilisers to 1 ha of agricultural land except permanent crops in CZK / ha / year, fixed for temporary restrictions on arable land (BZ1) or permanent restrictions on arable land (BZ2) or temporary restrictions on permanent grassland (BZ3), or permanent restrictions on grassland (BZ4),
p = area of land in ha to which the applicant claims compensation, to the nearest two decimal places.
3. The amount of compensation resulting from the prohibition on the use of rodenticides on arable land shall be calculated using the formula:
N Z4 = DZ × p,
where
N Z4 = annual compensation of damage resulting from the ban on the use of rodenticides on arable land in CZK,
D Z = rate of refund for the prohibition of use of rodenticides in 1 ha of arable land in CZK / ha / year, determined according to the percentage of damage to arable land,
p = area of land in ha to which the applicant claims compensation, to the nearest two decimal places.
4. The amount of compensation resulting from the prohibition on the use of other biocides on arable land shall be calculated using the formula:
N Z3 = CZ × p,
where
N Z3 = annual compensation for damage resulting from the ban on the use of other biocides on arable land in CZK,
C Z = rate of refund for the ban on the use of biocides for 1 ha of arable land in CZK / ha / year, fixed for temporary restrictions (CZ1) or permanent restrictions (CZ2),
p = area of land in ha to which the applicant claims compensation, to the nearest two decimal places.
5. The amount of compensation resulting from the temporary exclusion of arable land shall be calculated using the formula:
N Z5 = EZ × p,
where
N Z5 = annual compensation of damage resulting from temporary exclusion of arable land management in CZK,
E Z = rate of compensation for temporary exclusion of 1 ha of arable land in CZK / ha / year,
p = area of land in ha to which the applicant claims compensation, to the nearest two decimal places.
6. The amount of compensation resulting from the temporary exclusion of arable land with the possibility of growing grassland (17) shall be calculated using the formula:
N Z6 = FZ × p,
where
N Z6 = annual compensation of damage resulting from temporary exclusion of arable land management with the possibility of growing grassland in CZK,
FZ = rate of compensation for the temporary exclusion of 1 ha of arable land with the possibility to grow grassland in CZK / ha / year,
p = area of land in ha to which the applicant claims compensation, to the nearest two decimal places.
7. The amount of compensation resulting from the temporary exclusion of grassland management (17) shall be calculated using the formula:
N Z7 = GZ × p,
where
N Z7 = annual compensation of damage resulting from temporary exclusion of grassland management 17) in CZK,
G Z = rate of compensation for temporarily excluding 1 ha of grassland 17) in CZK / ha / year,
p = area of land in ha to which the applicant claims compensation, to the nearest two decimal places.
8. The amount of compensation resulting from the prohibition on restocking or feeding of grassland (17) is calculated using the formula
N Z8 = HZ × p,
where
N Z8 = annual compensation of damage resulting from the ban on the renewal or affiliation of grassland in CZK,
H Z = rate of refund for the ban on renewal or feeding per ha of grassland in CZK / ha / year,
p = area of land in ha to which the applicant claims compensation, to the nearest two decimal places.
(9) The amount of compensation resulting from the shift in the period of mowing on grassland (17) shall be calculated:
(a) in the case of grassland (17) falling within the area of type H19), and the date of the first cleft is determined after 15 July of the calendar year for which the applicant claims compensation, in accordance with the formula
N Z9A = IZ × p
where
N Z9A = annual compensation for damage resulting from the shift of the mowing date on grassland (1) falling within the H19-type area) after 15 July of the calendar year for which the applicant claims compensation in CZK,
I Z = the rate of compensation for the change of the term of the mower to 1 hectare of grassland 17) falling within the area of type H10) in CZK / ha / year, depending on the date from which the mower is allowed,
p = plot area in ha to which the applicant claims compensation, to the nearest two decimal places;
(b) in the case of grassland (17) situated outside the H19-type area) and the date of the first cleft is determined after 15 June of the calendar year for which the applicant claims compensation, in accordance with the formula
N Z9B = JZ × p,
where
N Z9B = annual compensation for damage resulting from the shift of the period of mowing on grassland 17) located outside areas of type H19) after 15 June of the calendar year for which the applicant claims compensation in CZK,
J Z = the rate of compensation for the shift of the period of mowing to 1 hectare of grassland (17) located outside areas of type H14) in CZK / ha / year, depending on the period from which the mower is allowed,
p = area of land in ha to which the applicant claims compensation, to the nearest two decimal places.
10. The amount of compensation for damage resulting from livestock grazing difficulties in areas where the wolf is repeatedly present shall be calculated:
(a) in the case of grazing sheep and / or goats and the total area of land to which the applicant claims compensation in the year in question is less than 76 ha, according to the formula:
NZ10A = ya x x,
where
| N Z10A | = roční náhrada újmy vzniklé v důsledku |
| ya | = sazba náhrady za |
| ya = a x ln(x) + b, | |
| v Kč/ha/rok, | |
| x | = celková plocha pozemků v ha, na kterou žadatel uplatňuje v daném roce náhradu újmy, s přesností na dvě desetinná místa, |
(b) in the case of grazing sheep and / or goats and the total area of land to which the applicant claims compensation for the year in question is greater than or equal to 76 ha, according to the formula:
NZ10B = yb x ps,
where,
| N Z10B | = roční náhrada újmy vzniklé v důsledku |
| yb | = sazba náhrady za |
| ps | = celková plocha pozemků v ha, na kterou žadatel uplatňuje v daném roce náhradu újmy, s přesností na dvě desetinná místa, |
(c) in the case of grazing other than sheep and / or goats, according to the formula referred to in point 11.
11. The amount of compensation resulting from exceptional or more costly farming measures where points 1 to 9 and 10 (a) and (b) cannot be applied shall be calculated:
(a) as a result of an exceptional measure in a one-off manner according to the formula:
NZ11A = KZ,
where
| NZ11A | = jednorázová náhrada újmy vzniklé v důsledku mimořádného opatření v Kč, |
| KZ | = ekonomicky oprávněné náklady na mimořádné opatření v Kč, |
(b) as a result of a more cost-intensive one-off measure in accordance with the formula:
NZ11B = LZ - MZ,
where
| NZ11B | = jednorázová náhrada újmy vzniklé z plnění nákladově náročnějšího opatření v Kč, |
| LZ | = ekonomicky oprávněné náklady na nákladově náročnější opatření v Kč, |
| MZ | = ekonomicky oprávněné náklady na obvyklý způsob hospodaření v Kč. |
The sizes AZ, BZ, CZ, DZ, EZ, FZ, GZ, HZ, IZ, JZ and yb are variables and the Ministry of Environment in cooperation with the Ministry of Agriculture publishes them annually in the Ministry of Environment Bulletin; the parameters a and b for calculating the ya value are also published. The parameters a and b for calculating the ya-value and the yb value shall be determined on the basis of the average gross monthly wage in the agriculture, forestry and fisheries sectors in accordance with the NACE classification for the calendar year preceding the year for which the compensation rate is calculated.
12. The amount of the compensation resulting from the exclusion or reduction of the fish stock or from other restrictions resulting in the reduction of the addition of the fish stock shall be calculated using the formula:
N V1 = AV × p - BV × (Q - q) × 0,8,
where
N V1 = compensation for damage caused by the exclusion or reduction of the fish stock or other restrictions resulting in the reduction of the addition of the fish stock, applied for one or more hot economic cycles of the pond in CZK,
A V = value which corresponds to the revenues reduced by the part corresponding to profit per ha of flooded area, determined by the rate for the given climate area and given the length of the economic cycle of the pond in CZK / ha,
Q = total weight of the catch from the pond during the economic cycle for which the applicant claims compensation for the pond, in kg,
q = total weight of the pond handle in the economic cycle for which the applicant claims compensation for the pond, in kg,
BV = the normal price of fish found under another legislation20) in the last year of the marketing cycle for which the applicant claims compensation for the pond, set in CZK / kg,
p = flooded area in ha taken from the applicable water management decision, to two decimal places; if it is not indicated in the applicable water management decision, supported by reality.
Climate regions are marked on a map published by the Ministry of the Environment on its website. The numbers of formulas Av, Bv, are variables and the Ministry of Environment in cooperation with the Ministry of Agriculture is regularly published in the Bulletin of the Ministry of Environment.
13. The amount of the compensation resulting from the change in the type of assembly shall be calculated using the formula:
N V2 = 0,8 × sum [(QR - qR) × BR] × - 0,8 × sum [(Q0 - q0) × B0],
where
N V2 = compensation for damage resulting from a change in the type of assembly, applied for one or more-hot economic cycle of the pond, in CZK,
QR = average weight of catches of each species in three reference economic cycles in a given pond in kg,
qR = average weight of handle of individual fish species in three reference economic cycles in a given pond in kg,
BR = normal prices recorded under another legislation20) in the last year of the marketing cycle for which the applicant claims compensation, of each species of fish planted in three reference economic cycles in the given pond in CZK / kg,
Q0 = weight of catches of each species of fish from a given pond in the economic cycle for which the applicant claims a refund in kg,
q0 = weight of the handle of each species deployed in a given pond in the economic cycle for which the applicant claims compensation, in kg,
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Regulation Information
| Citation | Decree No. 432 / 2005 Coll., laying down the conditions and arrangements for granting financial compensation for damage resulting from restrictions on agricultural production, the model and formalities for the exercise of entitlement |
|---|---|
| Regulation Type | Order |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 27.10.2005 |
|---|---|
| Effective from | 01.11.2005 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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