Decree No. 444 / 2022 Coll.
Decree amending Decree No. 335 / 2006 Coll., laying down the conditions and arrangements for granting financial compensation for damage caused by restrictions on forestry, the model and the formalities for the application of the claim
Valid
Order
Effective from 01.01.2023
Text versions:
01.01.2023
23.12.2022
444
DECLARATION
of 19 December 2022
amending Decree No 335 / 2006 Coll., laying down the conditions and arrangements for granting financial compensation for damage resulting from restrictions on forestry, the model and the formalities for the exercise of entitlement
The Ministry of the Environment and the Ministry of Agriculture, pursuant to § 58 (5) of Act No. 114 / 1992 Coll., on the Conservation of Nature and Landscape, as amended by Act No. 218 / 2004 Coll. and Act No. 250 / 2014 Coll., ("the Act '):
Decree No. 335 / 2006 Coll., laying down the conditions and arrangements for granting financial compensation for damage caused by restrictions on forestry, the model and formalities for the exercise of the claim, shall be amended as follows:
1. In Paragraph 1 (b), the word "permanent 'shall be added to the beginning of point 1.
2. In Paragraph 1 (b) (3), the word "fixed 'is replaced by" or the extension of the renewal period of fixed'.
3. In Article 1 (b) (4), the words "maintenance or 'are deleted.
4. In Article 1 (b), the words "the permanent ordered 'shall be inserted at the beginning of point 5.
5. in Paragraph 1 (b) (6):
'6. Limiting the amount of mining in the formation or during the period of validity of the forest economic plan or forest economic curriculum taken over by the takeover protocol, '.
6. In Article 1 (b) (7), the words "if retained trees form part of a crop group of maximum census 0,2 'are deleted.
7. In Article 1 (b), the word "or 'shall be added at the end of point 8.
8. In Paragraph 1 (b), at the end of point 9, the word 'or' is replaced by a dot and point 10 is deleted.
9. In Paragraph 1, the current text becomes paragraph 1 and the following paragraph 2 is added:
"(2) This decree shall also lay down the formalities for claiming damage caused by restrictions on forestry in cases other than those referred to in paragraph 1. ';
10.
The extent to which compensation for damage resulting from the permanent retention of the forest or part of the forest may be granted on a voluntary basis
For the purposes of this Decree, the following definitions shall apply:
11. in Article 3 (1) and (2), including footnote 13:
"(1) The applicant shall indicate in the claim application:
(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) a justification for entitlement by reference to the provisions of the law or, where applicable, the implementing act or to a specific final decision, a binding opinion or consent issued under the law or its implementing legislation giving rise to a restriction;
(e) the cadastral territory and the parcel number of the land to which the compensation is claimed.
(2) The application shall be accompanied by:
(a) a declaration that the applicant has owned or had leased land or part of it for the period for which it claims compensation; the nature conservation authority responsible for providing financial compensation shall, in case of doubt, be entitled to invite the applicant to provide evidence of an instrument proving ownership or user relationship to the land; the applicant is obliged to provide the required documents to the competent nature conservation authority within 30 days of the date of receipt of the call;
(b) a statement that the applicant has not been granted a financial amount in the form of a grant, contribution or compensation for the purpose of the corresponding restriction for which the applicant claims compensation, or proof of the financial amounts provided, including the amounts paid in the previous years, if they relate to the calendar year for which the refund is requested and, where appropriate, a further declaration in accordance with the model set out in Annex 1 to this Regulation;
(c) a final decision with a mark-up on the acquisition of legal authority, a binding opinion or consent issued under the law or its implementing legislation or a contract of declaration of the territory as protected (13), 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,
(d) a final decision which results in a reduction of the restriction on the basis of which the injury arose or lasted, or a declaration that such a decision has not been given; This Decision does not need to be attached where it has been issued by the nature conservation authority responsible for providing financial compensation,
(e) a statement that the restriction to which the applicant claims compensation did not occur in full or in part on the basis of a legal title other than the forestry restriction provided for in Article 58 (2) of the Act,
(f) the procedure for calculating the amount of the refund under this Order, including the input data used for the calculation; the input data available in paper form is a separate annex to the application,
(g) an indication of the amount corresponding to the reduction in the normal volume of production resulting from forest management restrictions other than those provided for in Article 58 (2) of the Act or of harmful events, or a statement that such reductions have not taken place;
(h) the data from the forest economic plan or forest economic curriculum needed to calculate the amount of the refund; where the application for a refund for a specific restriction is submitted annually and the data from the forestry plan or forest economic curriculum necessary for calculating the amount of the refund have not changed, the applicant shall attach them only to the first application for a refund,
(i) a copy of the forest map indicating the parcels or parts thereof for which the refund is applied; where the application for a refund for a particular restriction is repeated annually and the plot of land in the forest map for which the refund is applied has not changed, the applicant shall attach the forest map with the plot of land to the first application for a refund only; and
(j) a declaration of the validity of the supporting documents referred to in (a) to (i) in the event that they have not changed.
13) Article 39 of Act No. 114 / 1992 Coll., as amended. "
footnotes 3 to 6 are deleted.
12. In Article 3, the following paragraph 3 is inserted after paragraph 2:
"(3) The model of the declaration referred to in paragraph 2 (a), (b) and (e) is set out in Annex 1 thereto."
Paragraphs 3 and 4 shall be renumbered paragraphs 4 and 5.
13. in Article 3 (4), the introductory part of the provision reads:
"In the case of restrictions on forestry pursuant to Article 58 (2) of the Act other than those referred to in Article 1 (1), for example those resulting from a reduction in net revenue in the economic transformation of a forestry undertaking due to a reduction in forestry or the sale of wood or forestry residues at an inappropriate time, the application shall be accompanied by a document which is essential in addition to the information referred to in paragraph 2. '
14. in Paragraph 3 (4), the words "including justification" shall be added at the end of the text of point (b).
15.
Method of fixing the refund
(1) The method of determining the amount of the refund in the cases referred to in Paragraph 1 (1) is set out in Annex 3 to this Order.
(2) For the purposes of this decree, the amount of each refund shall be determined using the formulae set out in Annex 3 thereto and the result shall be rounded up to the nearest crown. The partial calculation results shall be operated with an accuracy of 4 decimal places.
(3) Data on the predominant forest type, the representation of timber in the lowest spatial division unit of the forest, their age, creditworthiness and linkage are to be found from the forestry plan or the forestry economic curriculum. Where the state of the forest clearly does not correspond to the data provided in the forestry plan or the forestry economic curriculum, the data on the predominant forest type, the representation of the trees, their age, the bonites and the census shall be adjusted according to the actual forest state. For land not included in the applicable forest plan or forest economic curriculum, the data shall be ascertained as in the case of the identification of data in the forestry plan or forest economic curriculum, with the exception of the indication of the predominant forestry type taken from the forest development plan (14). According to their ecological affinity, detected forest types are converted into sets of forest types of the Czech Republic15).
(4) The age of the crop referred to in the forestry plan or the forest economic syllabus shall be updated to the year in which the injury occurred, with the exception of the compensation for damage resulting from the permanent retention of the forest or part of the forest by spontaneous development, where the age of the crop is determined in the year of permanent retention of the forest by voluntary development.
(5) The period of washing and renewal shall be determined from an approved forest economic plan or forest economic curriculum. If the actual age of a group of timber in the lowest spatial division unit of the forest, or the period of clearance, is higher than the maximum washing time of the group of timber referred to in the Decree on the method of calculating the amount of damage or damage caused to forests (16), the maximum washing period referred to in the Decree on the method of calculating the amount of damage or damage caused to forests shall be used for the purposes of the application.
(6) The administrative costs of the applicant relating to the processing of the supporting documents necessary for the submission of the application for reimbursement shall be considered as an exceptional measure under Paragraph 1 (1) (b) (9).
(7) The administrative costs of the applicant relating to the processing of the necessary supporting documents for the submission of a refund application shall be determined by the sum of the total amount of refunds calculated in accordance with paragraph 2 and the percentage of the total amount of the refund calculated in accordance with the formula% adm = 550 x ΣΝ-0,455, where ΣΡis the total amount of the refund. Administrative costs can be applied up to a maximum of CZK 30,000. The competent nature conservation authority shall adjust the final amount of administrative costs according to the total amount of compensation granted.
(8) In forest areas where the state of the forests has been detected on the inventory area, the injury compensation shall be determined on the basis of the inventory of stocks and other related taxing quantities in question (17) necessary for determining the level of the refund. In order to determine the amount of the injury refund, the methods for determining the amount of the injury refund set out in Annex 3 to this Regulation shall apply mutatis mutandis.
(9) The amount corresponding to the reduction of the normal volume of production from any forestry restriction other than the limitation under Paragraph 58 (2) of the Act (18), or from harmful events, and the amount granted to the owner or lessee of the land from public budgets by means of a subsidy, contribution or compensation for the purpose corresponding to the restriction to which the applicant claims compensation, shall be deducted from the refund calculated in accordance with paragraph 1 and the refund calculated in accordance with paragraph 3 (3).
(10) In forest areas in which compensation has been claimed by the applicant for damage resulting from the permanent retention of the forest or part of the forest through spontaneous development, the compensation resulting from other restrictions referred to in § 1 (1) may not be applied in parallel, except for exceptional or more costly measures under § 1 (1) (b) (9).
(11) In forest areas in which compensation has been claimed by the applicant for the limitation of the mining amount, compensation for damage resulting from the renewal or renewal of the renewal period may not be applied simultaneously.
(12) The compensation for the limitation of the amount of mining in individual forest areas in the production or during the period of validity of the forest economic plan or forest economic curriculum taken over by the takeover protocol may be applied in all categories of small-scale specially protected areas, in the first areas of protected landscape areas or in other crops where the planned amount of extraction for nature conservation reasons has been shown to be reduced.
14) Paragraph 3 (1) (d) of Decree No 298 / 2018 Coll., on the processing of regional forest development plans and on the definition of economic files.
15) Annex No 4 to Decree No 298 / 2018 Coll.
16) Annex 3 to Decree No. 55 / 1999 Coll.
17) § 7a and Annex 6 to Decree No. 84 / 1996 Coll., as amended by Decree No. 186 / 2022 Coll.
18) For example Article 33 (3) of Act No. 289 / 1995 Coll., as amended by Act No. 314 / 2019 Coll. '
16. The following Section 4a is inserted after Section 4:
Common provisions
(1) The payment of compensation for an account held abroad may be made in a currency other than the Czech currency, the applicant bearing 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.
(2) On request, the applicant shall also communicate other information not listed in Section 3 (1) (a) if this is necessary for the payment of the refund. ';
17. Annex 3, including footnote 19, reads:
"Annex 3 to Decree No 335 / 2006 Coll.
Method of fixing the refund
1. The amount of the compensation resulting from the permanent retention of the forest or part thereof by spontaneous development shall be calculated on the basis of the formula for each crop group permanently retained by the spontaneous development or part thereof.
NL1 = r × P + 0,0318 × Hlpa,
where
NL1 = annual compensation of damage resulting from permanent retention of the forest or part of it to spontaneous development in CZK,
r = total potential annual forest rent for sets of forest types determined according to § 4 (3), in CZK / m2. The values "r" for each set of forest types are set out in Annex 4 to Decree No. 55 / 1999 Coll., on the method of calculating the amount of damage or damage caused to forests, as amended ("Decree No. 55 / 1999 Coll."),
Hlpa = value of forest vegetation in the year of permanent retention of forest or part of forest development calculated according to § 2 (3) of Decree No. 55 / 1999 Coll. in CZK,
P = the area of the forest or part thereof permanently retained by spontaneous development in m2.
If there has been permanent retention of the forest or part of the forest before the date of entry into force of Act No. 218 / 2004 Coll., amending Act No. 114 / 1992 Coll., on the conservation of nature and landscape, as amended, Act No. 50 / 1976 Coll., on Territorial Planning and Construction Regulations (Construction Act), as amended, and Act No. 219 / 2000 Coll., on the property of the Czech Republic and its presentation in legal relations, as amended (28.4.2004), the value of the forest land permanently retained by spontaneous development will be assessed on the date of entry into force of the Act.
On the land for which the compensation is claimed, the compensation for the damage to the value of the forest (0,0318 × Hlpa) and the total potential forest rent (r × P) shall be reimbursed for the limitation resulting from permanent retention of the forest or part of the forest for 50 years. After 50 years, only the total potential forest rent (r × P) is paid. A period of 50 years begins to count from the year of permanent retention of the forest or part thereof to spontaneous development.
2. Amount of compensation for damage resulting from a change in the forestry structure
(a) resulting in deterioration of production possibilities shall be calculated according to the formula:
NL2a = (CPPh1 - CPPh2) x P,
where
NL2a = annual compensation for damage from the reduction of forest production due to the substitution of timber in CZK,
CPPh1 = the value of the total annual average forest growth with the target species crop composition corresponding to the applicant's economic intentions and reported for the relevant economic file in the framework management guidelines of the relevant forest development plan, determined in accordance with Table 1 in CZK / m2,
CPPh2 = the value of the total annual average forest growth with the wood composition ordered, determined according to Table 1, in CZK / m2.
P = area of forest or part of forest with the prescribed composition of timber in m2
(b) resulting in increased costs shall be calculated on a one-off basis according to the formula:
NL2b = n1 - n2,
where
NL2b = one-off compensation for damage resulting from a change in the timber composition resulting in increased costs in CZK,
n1 = economically justified cost of the guaranteed culture of the ordered composition of timber in CZK,
n2 = economically justified costs for the guaranteed culture of the target species composition corresponding to the applicant's economic intentions and listed for the relevant economic file in the framework guidelines for the management of the relevant forest development plan in CZK.
3. The amount of compensation resulting from the extension of the washing or renewal of the renewal period laid down in the forestry plan or the forestry economic syllabus taken over by the takeover protocol shall be calculated using the formula:
NL3 = Hlpa × (tu1 - tu2) / 100 × p,
where
NL3 = annual compensation for damage from reduction of forest production due to extension of washing or renewal period, in CZK,
Hlpa = value of forest vegetation in the age (a) determined according to § 2 (3) of Decree No. 55 / 1999 Coll. in CZK,
tu1 = the partial mining percentage determined in accordance with Annex 5 to Decree No. 84 / 1996 Coll., on Forest Economic Planning, as amended ("Decree No. 84 / 1996 Coll. '), on the original wash-up (u1) and on the original renewal period, which are the first values of recommended washing and renewal period as defined in Annex 3 to Decree No. 298 / 2018 Coll., on the processing of forest development plans and on the definition of economic files (" Decree No. 298 / 2018 Coll.'),
tu2 = partial mining percentage determined according to Annex 5 to Decree No. 84 / 1996 Coll. for ordered (extended) washing (u2) and ordered (extended) renewal period,
p = interest rate of 3%. The value of p is expressed as a decimal in the formula.
4. The amount of compensation for damage resulting from the reduction of forest production resulting from the introduction of low forest shape shall be calculated on a one-off basis according to the formula
NL4a = Hlpa × Mna / 100,
where
NL4a = One-off compensation for damage caused by reduced forest production due to the introduction of low forest shape in CZK
Hlpa = value of forest vegetation in the age (a), when early washing was carried out, found according to Annex 1 to Decree No. 55 / 1999 Coll. in CZK,
Mna = percentage of toll maturity, determined according to Annex 5 to Decree No. 55 / 1999 Coll.
Subsequently, for a period of 20 years or for a period of low forest, if washed less than 20 years, the annual refund amount shall be calculated using the formula:
NL4b = r × P,
where
NL4b = annual amount of compensation resulting from a reduction in forest production resulting from the introduction of a low forest shape for 20 years or during the period of a low forest, if washed less than 20 years, in CZK,
r = the total potential annual forest rent for each set of forest types determined in accordance with § 4 (3), in CZK / m2, is determined as a weighted arithmetic average of the potential annual forest rent of the predominant forest types in the lowest spatial distribution units used. The values "r" for individual sets of forest types are given in Annex 4 to Decree No. 55 / 1999 Coll.,
P = area of forest or part of forest on which low forest shape has been introduced in m2.
During the period when the applicant for low forest claims a refund of an annual rent from forest NL4b, he cannot apply another refund due to a reduction in production.
After the expiry of this period, if the forest wash is lower than 20 years old, a replacement of the amount individually calculated in accordance with Decree No. 55 / 1999 Coll.
5. The amount of compensation for damage resulting from a permanent reduction in forest land inclusion is calculated using the formula
NL5 = CPPh × (z1 - z2) × P,
where
NL5 = annual compensation for damage caused by reduced forest production due to permanently reduced census in CZK,
CPPh = value of the total annual average forest growth of the forest tree group determined according to Table 1 in CZK / m2,
z1 = pre-intervention census,
z2 = census after intervention.
P = area of forest or part of forest on which the census has been reduced in m2.
6. The amount of compensation resulting from the limitation of the amount of the extraction in the production or during the period of validity of the forest economic plan or the forest economic curriculum taken over by the takeover protocol shall be calculated in accordance with the formula
NL6 = Hlpa × (V2 - V3) / V1 × p,
where
NL6 = annual amount of compensation due to the limited amount of permitted mining in CZK,
Hlpa = value of forest vegetation in age (a), determined according to Annex 1 to Decree No. 55 / 1999 Coll. in CZK,
V1 = forest timber supply according to forest plan or forest economic curriculum in m3 b.k.
V2 = the amount of mining without limitation in m3 b.K., determined on the basis of the extractive indicators by the partial percentage of extraction of the renewal or recirculation intensity referred to in Annex 5 to Decree No. 84 / 1996 Coll., using the first values of recommended washing and restoration period according to Annex 3 to Decree No. 298 / 2018 Coll.,
V3 = the amount of mining with the restriction specified in the forest plan or forest economic curriculum, taken over by the takeover protocol, or in the decision of the nature conservation authority issued during the period of validity of the forest plan or forest economic curriculum in m3 b.k,
p = interest rate of 3%. The value of p is expressed as a decimal in the formula.
The calculation of the amount of the annual compensation shall be made separately for each forest crop group.
7. The amount of compensation resulting from the retention of individual trees into their physical breakdown shall be calculated on a one-off basis in accordance with the formula
NL7 = Hlpa × V4 / V5,
where
NL7 = one-off compensation for damage caused by leaving individual trees in their physical breakdown in CZK,
Hlpa = value of forest area calculated according to Annex 1 to Decree No. 55 / 1999 Coll. in CZK,
V4 = volume of trees left in physical decay, in m3 b.k.
V5 = supply of wood in forest land according to forest plan or forest curriculum in m3 b.k.
8. The amount of compensation for damage resulting from the retention of wood which is lying down after cultivation shall be calculated on a one-off basis in accordance with the formula
NL8 = Hm × (Cs - Ts),
where
NL8 = a one-off compensation for damage resulting from leaving wood in the crop in CZK,
Hm = volume of wood material by wood and assortment in m3 b.k,
Cs = normal price determined according to other legislation19) raw wood at the point of departure in CZK / m3 b.k,
Ts = economically justified costs of concentrating timber to the point of departure in CZK / m3 b.k.
9. The amount of compensation resulting from the exceptional or more costly measure, excluding administrative costs, shall be calculated:
(a) as a result of an exceptional measure in a one-off manner according to the formula:
NL9a = Km,
where
NL9a = one-off compensation for damage resulting from exceptional measures in CZK,
Km = economically justified cost of emergency measures in CZK,
(b) as a result of a more cost-intensive one-off measure in accordance with the formula:
NL9b = Kn - Ko,
where
NL9b = one-off compensation for damage resulting from more expensive measures in CZK,
Kn = economically justified cost of more expensive measures in CZK,
Ko = economically justified costs of the usual management method in CZK.
Table 1
Annual value overall average increase of CPPh forest area over 5 years of age by groups of timber, bonite and average quality for determined washing in CZK / m2
| Skupina dřevin | Bonita | ||||||||
|---|---|---|---|---|---|---|---|---|---|
| 1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 | 9 | |
| smrk | 0,9513 | 0,8309 | 0,7264 | 0,5989 | 0,4812 | 0,4488 | 0,3203 | 0,2912 | 0,2377 |
| jedle | 1,1236 | 0,9765 | 0,8065 | 0,7074 | 0,5775 | 0,4699 | 0,3697 | 0,3110 | 0,2289 |
| borovice | 0,4467 | 0,3869 | 0,3320 | 0,2797 | 0,2324 | 0,1907 | 0,1560 | 0,1240 | 0,0969 |
| modřín | 0,6013 | 0,5198 | 0,4357 | 0,3549 | 0,2946 | 0,2341 | 0,1812 | 0,1318 | 0,0956 |
| douglaska | 1,0617 | 0,9545 | 0,8415 | 0,7373 | 0,6219 | ||||
| buk | 0,5288 | 0,4797 | 0,4391 | 0,3781 | 0,3240 | 0,2793 | 0,2324 | 0,1873 | 0,1420 |
| dub | 0,9811 | 0,9025 | 0,8203 | 0,7276 | 0,6265 | 0,5380 | 0,4429 | 0,2181 | 0,1657 |
| jasan | 0,4356 | 0,3500 | 0,2580 | ||||||
| olše | 0,2801 | 0,2404 | 0,1905 | 0,1494 | 0,1150 | ||||
| osika | 0,1729 | 0,1331 | 0,0939 | ||||||
| akát | 0,6259 | 0,5401 | 0,4423 | 0,3525 | 0,2706 | 0,1661 | 0,0866 | 0,0372 | 0,0056 |
| topol | 0,9899 | 0,8862 | 0,7522 | 0,6576 | 0,5794 | 0,5052 | 0,4166 | 0,3183 | 0,2121 |
| bříza | 0,1399 | 0,1053 | 0,0907 | ||||||
19) Article 2 (1) of Act No 151 / 1997 Coll., on the valuation of assets and on the amendment of certain laws (the Law on the valuation of assets), as amended. "
footnotes 8 to 12 are deleted.
18. Annex 4 shall be deleted;
Transitional provision
The financial compensation applied for by the applicant before the date of entry into force of this Order shall be granted in accordance with Decree No. 335 / 2006 Coll., as effective before the date of entry into force of this Order. Entitlements for financial compensation for damage incurred or sustained in 2022 shall be granted under this Order.
Efficacy
This Decree shall take effect on 1 January 2023.
Minister of Environment:
Ing. Jurečka v. r.
Minister for Agriculture:
Ing. Nekula v. r.
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Regulation Information
| Citation | Decree No. 444 / 2022 Coll., amending Decree No. 335 / 2006 Coll., laying down the conditions and arrangements for granting financial compensation for damage resulting from restrictions on forestry, the model and the formalities for the exercise of entitlement |
|---|---|
| Regulation Type | Order |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 23.12.2022 |
|---|---|
| Effective from | 01.01.2023 |
| Effective until | - |
| Status | Valid |
Public Contracts 1
Dodatek - Dohoda o péči o pozemky v přírodní rezervaci Dománovický les
Středočeský kraj
Kinský dal Borgo
450 459 CZK
24.04.2024
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