Government Decree No. 44 / 2024 Coll.
Government Regulation amending Government Regulation No. 81 / 2023 Coll., laying down the conditions for implementing organic farming measures, and certain other government regulations
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Effective from 01.03.2024
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01.03.2024
29.02.2024
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44
GOVERNMENT REGULATION
of 21 February 2024
amending Government Regulation No 81 / 2023 Coll., laying down the conditions for implementing organic farming measures, and certain other government regulations
The Government mandates 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., Act No. 179 / 2014 Coll. and Act No. 382 / 2022 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. 441 / 2005 Coll., Act No. 291 / 2009 Coll. and Act No. 179 / 2014 Coll.:
AMENDMENT OF THE GOVERNMENT REGULATION ON DETERMINING THE CONDITIONS FOR IMPLEMENTATION OF THE ECONOMIC AGRICULTURE MEASURES
Government Decree No. 81 / 2023 Coll., laying down the conditions for implementing organic farming measures, is amended as follows:
1. in Article 2 (1) (c), the words "or permanent crops' are replaced by the words" fruit orchards, vineyards or hops';
2. in Article 2 (4) (b), "§ 2 (h), (i) or (j)" is replaced by "§ 2 (h), (i), (j) or (k)";
3. Paragraph 11 (2) and (3) are deleted.
Paragraphs 4 to 9 shall be renumbered paragraphs 2 to 7.
4. in Article 11 (2) (a), the words "with the exception of improving non-market crops listed in Annex 2 to this Regulation" shall be deleted;
5. In Article 11 (2) (c), the words "after a precrop or main crop with an intercrop, the precrop or intercrop must be incorporated into the soil as green fertilisation or 'are replaced by the words" on a part of the soil block or part thereof on which green fertilisation or on which it was carried out'.
6. in Article 11 (2), point (f) shall be deleted;
Points (g) and (h) shall be renumbered as points (f) and (g).
7. in Articles 11 (2) (g), 11 (5) (c) and 11 (6) (h), "31 January" is replaced by "end of February."
8. in Article 11 (3) (b):
"(b) harvest and remove production from the soil block or part thereof by 31 December of the relevant calendar year; This condition shall not apply to the part of the soil block or part thereof which is included in the land use register in slightly or severely erosely endangered soils, and ';
9. In Paragraph 11 (5) (c), the comma is replaced by "a ', in point (d), the word" a' is replaced by the dot and point (e) is deleted.
10. in Article 11 (6) (c):
"(c) carry out, where appropriate, the planting of strawberry only on the part of the soil block or part thereof on which the green fertilisation has been carried out;"
11. in Paragraph 11 (7):
"(7) The applicant shall provide proof of compliance with the minimum level of own production referred to in paragraph 2 (g), paragraph 5 (c) and paragraph 6 (h) by the transmission of the records by him or her in accordance with § 9 (7) (c) and § 9 (8) of the Fertilisers Act to the Central Control and Testing Institute or by supporting the Fund of Copies by him or her in accordance with § 9 (7) (c) of the Fertilisers Act. '
12. in Article 13 (2) (i), the word 'everyone' is replaced by 'predominant';
13. in Article 13 (2) (j) of the introductory part of the provision, the words "on all parts of the soil blocks or parts thereof" shall be inserted after the words "record."
14. After Paragraph 14, the following Section 14a is inserted:
Additional payment to the agricultural land with a type of agricultural crop
(1) The applicant shall indicate in the application for an additional payment to be granted on agricultural land with a type of agricultural crop culture on which part of the soil block referred to in the application referred to in Article 14 is to be set up by 31 October of the relevant calendar year of the crop, consisting of lipnoid, bobcat or other double-fibre plants or mixtures of such crops, in the sub-section on which there is no continuous herbal cover referred to in Article 14 (c), and shall keep it in the intermediate order at least by 31 March of the following calendar year.
(2) The establishment of the crop referred to in paragraph 1 shall be carried out by the applicant no later than 24 months after the date of issue.
(a) a mixing protocol in the case of the use of a seed mixture pursuant to Article 12 (2) (a) or (b) of the Law on the circulation of seed and seed; or
(b) the certification certificate of seed provided for in the Law on the circulation of seed and seed in the case of the use of a mixture of certified seed or species not included in the species list under the Law on the circulation of seed and seed. ";
15. in Article 15 (1) (b) to (h):
"(b) EUR 780 / 1 hectare of standard arable land, if it is for the cultivation of the supported vegetable species or of the supported plant species in the organic farming system at a total area of more than 6 ha, on which the applicant fulfils the conditions laid down in Article 11 (2);
(c) EUR 810 / 1 hectare of standard arable land, if it is for the cultivation of the supported vegetable species or of the supported plant species in the organic farming system at a total area of up to 6 ha, on which the applicant fulfils the conditions laid down in Article 11 (2);
(d) EUR 148 / 1 hectare of standard arable land for the cultivation of multi-annual fodder plants in the organic farming system on which the applicant fulfils the conditions laid down in Article 11 (3);
(e) EUR 148 / 1 hectare of standard arable land if it is for growing grass per seed in the organic farming system on which the applicant fulfils the conditions laid down in Article 11 (4);
(f) EUR 343 / 1 hectare for standard arable land, if other crops are grown in the organic farming system on which the applicant fulfils the conditions laid down in Article 11 (5);
(g) 780 EUR / 1 hectare of standard arable land, if it is for growing strawberry in the organic farming system on which the applicant fulfils the conditions laid down in Article 11 (6);
(h) EUR 148 / 1 hectare of grassland, if the cultivation of grassland in the organic farming system on which the applicant fulfils the conditions laid down in Article 12, ';
16. in Article 15 (2) (b) to (h):
"(b) EUR 760 / 1 hectare of standard arable land, if it is for the cultivation of the supported vegetable species or of the supported type of herbs in the organic farming system at a total area of more than 6 ha on which the applicant fulfils the conditions laid down in Article 11 (2);
(c) 790 EUR / 1 hectare of standard arable land, if it is for the cultivation of the supported vegetable species or of the supported plant species in the organic farming system at a total area of up to 6 ha, on which the applicant fulfils the conditions laid down in Article 11 (2);
(d) EUR 130 / 1 hectare of standard arable land, if it is on the cultivation of multi-annual fodder plants in the organic farming system on which the applicant fulfils the conditions laid down in Article 11 (3);
(e) EUR 130 / 1 hectare of standard arable land, if it is for growing grass per seed in the organic farming system on which the applicant fulfils the conditions laid down in Article 11 (4);
(f) EUR 246 / 1 hectare of standard arable land for other crops in the organic farming system on which the applicant fulfils the conditions laid down in Article 11 (5);
(g) EUR 760 / 1 hectare of standard arable land, if it is for growing strawberry in the organic farming system on which the applicant fulfils the conditions laid down in Article 11 (6);
(h) EUR 130 / 1 hectare of grassland, if the cultivation of grassland in the organic farming system on which the applicant fulfils the conditions laid down in Article 12, ';
17. in Article 15 (10) and (11), "§ 11 (4) (h), § 11 (7) (c) or § 11 (8) (h)" shall be replaced by "§ 11 (2) (g), § 11 (5) (c) or § 11 (6) (h)" and "§ 11 (4), (7) and (8)" shall be replaced by "§ 11 (2), (5) and (6)."
18. In Paragraph 15, the following paragraphs 12 to 14 are inserted after paragraph 11:
"(12) The Fund shall increase the subsidy rate referred to in paragraph 1 (k) or paragraph 2 (k) by EUR 248 / 1 hectare if it is the share of the land block referred to in Article 14a.
(13) Where the applicant proves, on a given part of the soil block or part of it, that he has grown crops under Section 11 (3) (a) as a recognised propagation crop under Section 4 of the Act on the circulation of seed and seed, the rate referred to in paragraph 1 (f) shall be used to calculate the subsidy for the conversion period.
(14) Where the applicant proves, on a given part of the soil block or part thereof, that he has grown crops in accordance with Section 11 (3) (a) as a recognised propagation crop under Section 4 of the Act on the circulation of seed and seed, the rate referred to in paragraph 2 (f) shall be used for the calculation of the organic production subsidy. ';
Paragraphs 12 to 14 shall be renumbered paragraphs 15 to 17.
19. in Paragraph 15 (16), "12" is replaced by "15."
20. Paragraph 18 (5) is deleted.
Paragraphs 6 to 11 shall be renumbered paragraphs 5 to 10.
21. in Articles 18 (5), 19 (9) and 20 (6), "8" is replaced by "6."
22. in Article 19 (5), "Article 11 (4) (b), (d) or (f)" is replaced by "Article 11 (2) (b) or (d)";
23. in Articles 19 (6) and (7) and 21 (6), "5" is replaced by "3."
24. Paragraph 19 (8) is deleted.
Paragraphs 9 to 11 shall be renumbered paragraphs 8 to 10.
25. in Article 20 (2) and (3) and in Article 21 (5), "4" is replaced by "2."
26. in Paragraph 20 (3), "(g)" is replaced by "(f)";
27. in Article 20 (4) and in Article 21 (7), "6" is replaced by "4."
28. in Article 20 (5) and in Article 21 (8), "7" is replaced by "5."
29. After Paragraph 21, the following Section 21a is inserted:
Non-grant of additional payment on agricultural land with a type of agricultural crop
The Fund shall not grant an additional payment to the agricultural land with a type of agricultural vineyard culture for the part of the soil block with a type of agricultural vineyard under Section 14a in the relevant calendar year unless the applicant fulfils at least one of the conditions set out in Section 14a. ';
30. Annex No 2 is deleted.
31. in Annex 5, the following rows 4 to 6 are inserted after row 3:
„
“.
| 4. | Kukuřice na siláž | 2,40 |
| 5. | Ostatní jednoleté pícniny v zelené hmotě | 2,40 |
| 6. | Ostatní jednoleté pícniny v zelené hmotě na senáž | 1,30 |
The current rows 4 to 17 are renumbered as rows 7 to 20.
32. In row 13 of the Annex No 5, the words "(except for Marian and redfish) 'shall be inserted after the word" plants'.
33. in Annex 5, the following rows 14 and 15 are inserted after row 13:
„
“.
| 14. | Ostropestřec mariánský | 0,30 |
| 15. | Jitrocel kopinatý | 0,45 |
The current rows 14 to 20 are renumbered 16 to 22.
34. In the heading of Annex 7, "7 'is replaced by" 5'.
35. In Annex 9, Part B, row 2:
„
“.
| 2. | Měřič teploty, vlhkoměr nebo zařízení pro zjištění ovlhčení listů |
Transitional provision
The procedure for an application initiated pursuant to Government Regulation No 81 / 2023 Coll., as effective before the date of entry into force of this Regulation, shall be completed in accordance with Government Regulation No 81 / 2023 Coll., as effective before the date of entry into force of this Regulation, with the exception of the provisions of § 13 (2) (j) and Annex 5, rows 4 to 6 of Government Regulation No 81 / 2023 Coll., which shall apply as from the date of entry into force of this Regulation.
AMENDMENT OF THE GOVERNMENT REGULATION ON DETERMINING THE CONDITIONS FOR THE PROVISION OF SUBSIDIES FOR THE MAINTENANCE OF THE ECONOMIC COST OF FOREIGN SOURCES UNDER NATURA 2000 IN WOODS
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 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. 76 / 2013 Coll., Government Regulation No. 400 / 2013 Coll., Government Regulation No. 49 / 2017 Coll., Government Regulation No. 314 / 2014 Coll., Government Regulation No. 113 / 2015 Coll., Government Regulation No. 29 / 2016 Coll., Government Regulation No. 36 / 2017 Coll.
1. In Paragraph 2 (2), the words "and not in the cadastral territories of the capital of Prahy7 'are deleted, including footnote 7.
2. In Article 5, the current text becomes paragraph 1 and the following paragraph 2 is added:
"(2) The fund will not grant a grant for the title of conservation of the economic ensemble to a growing group located in the territory of the capital of Prague."
3. in Article 8 (1) and (2) and in Article 9 (1) and (2), the text "(1)" shall be inserted after the text "5."
Transitional provision
The procedure for an application initiated under Government Regulation No. 147 / 2008 Coll., as effective before the date of entry into force of this Regulation, shall be completed under Government Regulation No. 147 / 2008 Coll., as effective before the date of entry into force of this Regulation.
AMENDMENT OF THE GOVERNMENT REGULATION ON DETERMINING THE CONDITIONS FOR PROVISION OF SUBSIDIES TO FOREIGN ENVIRONMENTAL MEASURES
Government Regulation No. 53 / 2009 Coll., Government Regulation No. 369 / 2010 Coll., Government Regulation No. 108 / 2012 Coll., Government Regulation No. 448 / 2012 Coll., Government Regulation No. 75 / 2013 Coll., Government Regulation No. 400 / 2013 Coll., Government Regulation No. 29 / 2014 Coll., Government Regulation No. 308 / 2014 Coll., Government Regulation No. 113 / 2015 Coll., Government Regulation No. 217 / 2016 Coll., Government Regulation No. 36 / 2017 Coll., Government Regulation No. 49 / 2017 Coll., Government Regulation No. 314 / 2017 Coll., Government Regulation No. 64 / 2020 Coll., Government Regulation No. 217 / 2020 Coll., Government Regulation No. 177 / 2021 Coll., Government Regulation No. 84 / 2023 Coll., Government Regulation No. 49 / 2017 Coll., Government Regulation No. 314 / 2017 Coll., Government Regulation No. 314 / 2017 Coll., Government Regulation No. 64 / 2020 Coll., Government Regulation No. 64 / 2020 Coll.
1. In Article 2, paragraph 2, including footnote 6, is deleted.
Paragraphs 3 to 7 shall be renumbered paragraphs 2 to 6.
2. In Paragraph 2 (4), the text "Paragraph 2 (3) 'is replaced by" paragraph 2'.
3. In Paragraph 4 (3), "3 'is replaced by" 2'.
4. in Article 5 (1) (c) and (d), the text "Article 2 (3)" is replaced by "Article 2 (2)."
5. In Article 5, the current text becomes paragraph 1 and the following paragraph 2 is added:
"(2) The fund will not grant a grant for the title of improvement of the species composition to a growing group located in the territory of the capital city of Prague."
6. in Article 9 (1) and (3) and in Article 10 (1) and (3), the words "paragraph 1" shall be inserted after the words "paragraph 5."
Transitional provision
The procedure for the application initiated under Government Regulation No. 53 / 2009 Coll., as effective before the date of entry into force of this Regulation, shall be completed under Government Regulation No. 53 / 2009 Coll., as effective before the date of entry into force of this Regulation.
AMENDMENT OF THE GOVERNMENT REGULATION ON CONDITIONS FOR SUBSIDIATION OF SUBSIDIES UNDER THE FOREIGN-ENVIRONMENTAL AND CLIMATIC SERVICES AND FOREIGN PROTECTION MEASURES
Government Regulation No. 29 / 2016 Coll., on the conditions for granting subsidies under the forestry and climate services and forest protection measures and amending certain related government regulations, as amended by Government Regulation No. 36 / 2017 Coll., Government Regulation No. 49 / 2017 Coll., Government Regulation No. 314 / 2017 Coll., Government Regulation No. 64 / 2020 Coll., Government Regulation No. 217 / 2020 Coll., Government Regulation No. 566 / 2020 Coll., Government Regulation No. 55 / 2021 Coll., Government Regulation No. 177 / 2021 Coll. and Government Regulation No. 84 / 2023 Coll., are amended as follows:
1. Paragraph 5 (4) is deleted.
Paragraphs 5 to 8 shall be renumbered paragraphs 4 to 7.
2. In Section 6 (2) of the introductory part of the provision, the words "except for the capital of Prague," are deleted.
3. In Article 8, the following paragraph 5 is added:
"(5) The Fund will not grant subsidies for forestry and climate measures and forest protection to a growing group located in the territory of the capital city of Prague."
Transitional provision
The procedure for the application initiated under Government Regulation No. 29 / 2016 Coll., as effective before the date of entry into force of this Regulation, shall be completed under Government Regulation No. 29 / 2016 Coll., as effective before the date of entry into force of this Regulation.
AMENDMENT OF THE GOVERNMENT REGULATION ON DETERMINING THE CONDITIONS FOR IMPLEMENTATION OF MEASURES FOR THE ESTABLISHMENT OF AGRICULTURAL SOIL
Government Decree No. 63 / 2023 Coll., laying down conditions for the implementation of measures for afforestation of agricultural land, is amended as follows:
1. in Article 5 (2) (a):
"(a) a list of the land block parts kept in the land use register on which the forest crop was based, the type of agricultural culture prior to the setting up of the forest crop, the area of the land block part, the abbreviation of the species of forest wood, the target economic group and at least the minimum number of individuals per species of forest wood per 1 ha listed in the Annex to this Regulation; the specification of the land identified in the real estate register, which is part of the land block parts declared in the application for aid for the setting-up of forest land, is set out in the project referred to in point (f); ';
2. In Paragraph 11 (7), the words "3 or 'are deleted.
Transitional provision
The procedure for the application initiated under Government Regulation No. 63 / 2023 Coll., as effective before the date of entry into force of this Regulation, shall be completed under Government Regulation No. 63 / 2023 Coll., as effective before the date of entry into force of this Regulation.
AMENDMENT OF THE GOVERNMENT REGULATION ON DETERMINING THE CONDITIONS FOR IMPLEMENTATION OF THE FOREIGN-ENVIRONMENTAL PAYMENT MEASURES
Government Regulation No. 72 / 2023 Coll., on the establishment of conditions for the implementation of forest-environmental payment measures, is amended as follows:
1. in Paragraph 3 (4) (b), the comma is replaced by "a."
2. in Article 3 (4), points (c) and (d) are deleted;
Point (e) shall be renumbered as point (c).
3. Paragraph 5 (4) is deleted.
Paragraphs 5 to 8 shall be renumbered paragraphs 4 to 7.
4. In Section 6 (2) of the introductory part of the provision, the words "except for the territory of the capital city of Prague 'are deleted.
5. In Paragraph 7 (3), the words "the territory of the capital of Prague and 'are deleted.
6. In Section 9, paragraph 6 is added:
"(6) The Fund will not grant subsidies for forestry-environmental payment measures to a growing group located in the territory of the capital city of Prague."
Transitional provision
The procedure for an application initiated under Government Regulation No. 72 / 2023 Coll., as effective before the date of entry into force of this Regulation, shall be completed under Government Regulation No. 72 / 2023 Coll., as effective before the date of entry into force of this Regulation.
AMENDMENT OF THE GOVERNMENT REGULATION ON DETERMINING THE CONDITIONS FOR IMPLEMENTATION OF AGRICULTURAL MEASURES
Government Regulation No. 140 / 2023 Coll., laying down the conditions for the implementation of agro-forestry measures and amending Government Regulation No. 307 / 2014 Coll., laying down details of land use records according to user relations, as amended, and Government Regulation No. 69 / 2023 Coll., laying down conditions for the implementation of measures in the wine sector, (Government Decree on the conditions for the implementation of agroforestry measures), shall be amended as follows:
1. In Article 2 (c), the words "their length" shall be inserted after the word "non-adjacent."
2. in Article 6 (3) (b), "Annexes 1 and 3" shall be replaced by "Annex 3."
3. in Article 6 (4) (d) and (e):
"(d) the opinion of the Nature Protection Authority as to whether the intention to establish an agroforestry system may have a significant impact on the subject-matter of protection or integrity of a European site or bird area under Paragraph 45i (1) of the Nature and Landscape Conservation Act in the event that a part of the soil block is located in a European site or bird area; and
(e) the consent of the nature protection authority to establish an agroforestry system, if required under Section 45c (2) of the Nature and Landscape Protection Act, if the part of the Soil Block is located in a European site, or under Section 45e (2) of the Nature and Landscape Conservation Act, if the part of the Soil Block is located in a birds' area. "
4. In Section 6 (5) of the Introductory Part of the Provisions, the words "timber listed in Annexes 1 and 3 'are replaced by the words" non-originating species listed in Part C of Annex 3 or hybrids listed in Part D of Annex 3'.
5. in Article 6 (5) (a):
"(a) the authorisation of the nature conservation authority with the deliberate extension of the non-indigenous species pursuant to Article 5 (4) of the Nature and Landscape Conservation Act or the authorisation of the nature conservation authority with the deliberate extension of the cross-border pursuant to Article 5 (5) of the Nature and Landscape Conservation Act, or"
6. In Article 6, at the end of paragraph 6, the sentence "For the species of forest species identified in Annex 3 to this Regulation, a plant passport shall be sufficient as proof of origin as referred to in paragraph 4 (b)."
7. in Article 10 (3) (a) (1), "a" is replaced by a comma and at the end of the point the comma is replaced by "a" and the following point 3 is added:
"3. without using bird cranes on one part of the soil block, oscerus cranes, chestnut tree, black or cherry as fruit and wood,"
8. In Paragraph 18 (1), the words "or 3 'shall be inserted after the words" point 1'.
9.
"Annex No 3
List of species of forest and fruit trees, non-indigenous species of timber and hybrids for the establishment of agroforestry system
A. List of forest species for the establishment of agroforestry system
1. Oak (Quercus robur L.) Oak (Quercus petraea (Mart.) Liebl.) Pears (Pyrus pyraster (L.) Burgsd.) 13. Forest apple (Malus sylvestris (L.) Mill.) 14. (Fraxinus ornus, L.) Black ash (Fraxinus excelsior L.) 17. Maple babyka (Acer campestre, L.) 18.maple clone (Acer pseudoplatanus L.) 19. Maple milk (Acer patanoides L.) 20. Cow crane (Sorbus torminalis (L.) Crantz) 21. Mud crane (Sorbus aria (L.) Crantz) 22. Oskeruše crane (Sorbus domestica L.) 23.bird crane (Sorbus aucuparia L.) 24. Elm (Ulmus glabra huds.) 25. ligament (Ulmus laevis Pall.) 26. Hippocastanum L.) 27. Chestnut (Castanea sativa Mill.) Mahaleb (Prunus mahaleb L.) 1) 32. Almonds (Allus glutinosa (L.) Gaertn.) 33rd walnut (Crop) (Juglans nigra x Juglans regia) 1) 34. black walnut (Juglans nigra L.) 35. (1) 36. White topol (Populus alba L.) 37. Black poplar (Populus nigra L.) 38. topol osika (Populus tremula L.) 39. Grey poplar (Populus x canecens (Aiton) Sm.) 40. Topoly (geographically unoriginal) and their cross-breeds (Populus spp.) 1) 41. L. (S. caprea x S.viminalis) 1)
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Regulation Information
| Citation | Government Regulation No. 44 / 2024 Coll., amending Government Regulation No. 81 / 2023 Coll., laying down the conditions for implementing organic farming measures, and certain other government regulations |
|---|---|
| Regulation Type | Regulation |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 29.02.2024 |
|---|---|
| Effective from | 01.03.2024 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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