Government Regulation No. 47 / 2017 Coll.
Government Regulation amending 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, and Government Regulation No 79 / 2007 Coll., on the conditions for the implementation of agri-environmental measures, as amended
Valid
Effective from 01.03.2017
47
GOVERNMENT REGULATION
of 15 February 2017
amending 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, and Government Regulation No 79 / 2007 Coll., on the conditions for the implementation of agri-environmental measures, as amended
The Government orders pursuant to § 2c (5) of Act No. 252 / 1997 Coll., on Agriculture, as amended by Act No. 128 / 2003 Coll., Act No. 85 / 2004 Coll., Act No. 291 / 2009 Coll. and Act No. 179 / 2014 Coll., and 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 on the State Agricultural Intervention Fund), as amended by Act No. 128 / 2003 Coll., Act No. 441 / 2005 Coll., Act No. 291 / 2009 Coll., and Act No. 179 / 2014 Coll.:
Amendment of the Government Regulation on the conditions for 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. and Government Regulation No. 236 / 2016 Coll., are amended as follows:
1. Paragraph 6 (1) reads as follows:
"(1) If, during the duration of the undertaking, the applicant intends to change the classification of the subcategories referred to in § 2 (d), the applicant may only do so:
(a) by mesophilic and humid meadows fertilised in accordance with § 2 (d) (2) to mesophilic and humid meadows not fertilised in accordance with § 2 (d) (3);
(b) in respect of mountain and dry meadows fertilised under § 2 (d) (4) to mountain and dry meadows not fertilised under § 2 (d) (5); or
(c) on the basis of the general care of extensive meadows and pastures referred to in § 2 (d) (1) to one of the titles referred to in § 2 (d) (2) to (10), where there is a new specially protected area on the part of the soil block (13), the national park protection zone (14) or the Natura Area (200015);
the applicant shall, in such a case, forward to the Fund by 15 May of the calendar year at the latest an application for a change of classification or, where applicable, an application for classification pursuant to Article 3; in the case of the procedure referred to in point (c), the applicant shall indicate in the application for a change of classification or, where applicable, in the application for classification referred to in Article 3, that the change of title is due to point (c). ';
2. Paragraph 6 (3) reads as follows:
"(3) The application referred to in paragraph 1 may be made only in the case of the definition of a given part of the soil block as a nesting site of a field, sown or peat meadow, a valuable habitat or a blue site as referred to in Section 1 of Government Decree 307 / 2014 Coll., establishing details of the land use register according to user relations, as amended, (" the valuable habitat ').'.
3. in Article 7 (6), "§ 2 (b), (d) or (f)" is replaced by "§ 2 (b), (c), (d) or (f)."
4. In Article 9 (2), the words "laying down certain conditions for granting direct payments to farmers and amending certain related government regulations, as amended, shall be added at the end of point (f). ';
5. in Article 12 (5) (i), the words "and a copy of the training certificate shall be sent by 30 September of the relevant calendar year of the Fund" shall be deleted.
6. In Section 12 (7) of the Introductory Part of the Provisions, the words "part of a soil block led 'are replaced by the words" production area of a part of a soil block maintained' and the word "which 'is replaced by the word" which'.
7. in Article 12 (7) (b), the final part of the provision reads:
"in the case of cultivation of more than one group of timber referred to in points 1 to 3 per part of the soil block, the applicant shall fulfil the density of the planting for each of those groups of timber, the applicant shall indicate in the subsidy application the production area broken down into kernels, stone fruits or berries, including the relevant area for which the subsidy is requested. ';
8. In Article 12, the words "or other fruit trees and fruit shrubs shall be added at the end of the text of paragraph 8, the sum of the area of all sub-production areas in the fruit set being the same as the area corresponding to the area of the relevant part of the soil block registered in the land use register on the applicant '.
9. In Article 12, the following paragraph 9 is added:
"(9) The subsidy application shall include a sketch of the relevant parts of the soil blocks or production areas indicated by the applicant in the application, on the map of the soil block parts of the scale 1: 10 000 or more. '.
10. in Paragraph 13 (5) (c) (2), "substances" is replaced by "plant protection products."
11. in Article 13 (5) (i), the words "and a copy of the training certificate shall be sent by 30 September of the relevant calendar year of the Fund" shall be deleted.
12. in Articles 13 (6) (a) to (d) and 13 (7) (a) to (d), (g) and (h), "substances" shall be replaced by "plant protection products."
13. in Article 13 (6) (f) and (g), the words "excipient" shall be replaced by the words "assistant plant protection product."
14. in Articles 13 (7) (f) and 13 (7) (i), the words "mould grey" shall be replaced by the words "grey rot" and the words "substances" shall be replaced by "plant protection products."
15. in Article 15 (6) (c):
"(c) ensure, by means of a person who is competent to have an accreditation certificate in accordance with Article 16 of the Act on Technical Requirements for Products, prior to each sowing or planting of the supported vegetable species on the soil block part, the sampling and analysis of the soil to determine the mineral nitrogen content;"
16. in Article 15 (7) (c):
"(c) ensure, by means of a person who is competent to have an accreditation certificate pursuant to Article 16 of the Act on Technical Requirements for Products, prior to any planting of the supported vegetable species on the soil block part, sampling and analysis for mineral nitrogen content;"
17. in Article 15 (8) (c):
"(c) ensure, by means of a person who is competent and has an accreditation certificate pursuant to Article 16 of the Act on Technical Requirements for Products, the sampling and analysis of the soil block part of the strawberry before any planting of the strawberry in order to determine the mineral nitrogen content,"
18.Paragraph 17 (2) reads as follows:
"(2) Throughout the period of inclusion under Sections 2 (d) (1) to (5) and 7 to (10) of this Regulation, the applicant shall meet, each day, a control period of the livestock stocking density referred to in Annex 13 to this Regulation of not more than 1,15 livestock units per hectare allocated in the year of submission of the grant application under:
(a) Paragraph 2 (d) (1) to (5) and (7) to (10);
(b) § 2 (c) (1) of Decree-Law No 79 / 2007 Coll., or
(c) Paragraph 2 (e) (1) to (6), from the second year of the commitment under Article 3 (3). "
19. in Article 17 (6) (b):
"(b) except for non-grazing housed animals registered on the holding or stable registered on the holding of the applicant, which he shall indicate in the application for the grant and the area of the agricultural land kept in the land use register and classified in the year of submission of the application for the subsidy under:
1. § 2 (d), points 1 to 5 and 7 to 10,
2. § 2 (c) (1) of Decree-Law No 79 / 2007 Coll., or
3. § 2 (e) (1) to (6), from the second year of the commitment under § 3 (3)
in the case of calculation for the purposes of the condition referred to in paragraph 2, ';
20. In Paragraph 18 (1) of the Introductory Part of the provision, the words "concerning certain conditions for granting direct payments to farmers and amending certain related government regulations' are deleted.
21. In Article 18 (1) (d), the words "or until 15 September in the case of the part of the soil block referred to in Article 19 (3) (a) (4) or Article 19 (4) (a) (4) or 15 October in the case of the part of the soil block referred to in Article 19 (5) (a) (3) or Article 19 (6) (a) (3)" shall be inserted after the words "15 August.
22. in Paragraph 18 (4) (c), the word 'not asking' is replaced by 'asking';
23. in Article 19 (5) (d), the words "without applying manure or compost more than once per commitment period" shall be inserted after the words "year of commitment."
24. in Paragraph 19 (7) (a) of the introductory part of the provision, the words "(f)" shall be replaced by the words "(e)."
25. in Article 19 (8) (a):
"(a) carry out the crop together with the removal of biomass in one of the following terms, which for the part of the soil block is determined locally by the competent authority of nature conservation in the land use register, only:
1. By 10 June of the calendar year concerned,
2. until 10 June of the calendar year concerned and at the same time from 1 September to 30 September of the calendar year concerned; in the case of delineation in the land use register, the second half may be replaced by pasture; or
3. From 1 September to 30 September of the calendar year concerned;
the date set may be changed in the land use register between the years of the commitment, '.
26. in Paragraph 19 (9) (h), "a" is replaced by a comma.
27. In Article 19, at the end of paragraph 9, the dot is replaced by "a 'and the following point (j) is added:
"(j) does not provide food for grazing animals; the feeding of mineral lizas and drinking shall not be considered as a food for the purposes of this Regulation. ';
28. in § 19 (11) (a) (1):
"1. agricultural management in accordance with § 7 (2) (c) and § 7 (3) of Government Decree No. 50 / 2015 Coll. under the conditions set out in points (c) and (e), or until 31 August, as regards the part of the soil block which is at least 50% located in the area referred to in § 2 (1) (a) (1) of the Government Regulation No. 72 / 2015 Coll., on the conditions of payment for areas with natural or other specific constraints, as amended; and ';
29. in Article 19 (11) (f), the words "with the exception of the implementation of a supplement on the basis of a favourable opinion from the local competent authority of nature protection, shall be inserted after the word" animals "only during the period 1 April to 31 May of the calendar year concerned."
30. in Article 22a (5) (a), the words "part of the soil block" shall be added at the end of the text of point 3.
31. in Article 23, the text "or (c)" shall be added at the end of the texts of paragraphs 2 and 3.
32. in Article 25 (4) (e), the words "or service documents" shall be inserted after the words "or service documents" and after the words "§ 22a (5) (a) and (b)" shall be inserted after the words "drawn up in the name of the applicant."
33.In Article 26 (1), the word "or" shall be added at the end of point (b).
34. in Article 26 (1) (c) (1), the word "or" shall be deleted;
35. in Article 26 (1), the following point 3 shall be added at the end of point (c):
'3. failure to comply with the condition set out in Article 18 (1) (c) in respect of the retention of a continuous, unsettled area with an area of more than 1 hectare and up to and including 1,1 hectares, the reduction shall apply only to the area of permanent grassland eligible for the grant under Article 2 (d) (1) to (5). ';
36. in Paragraph 26 (1), point (d) is deleted;
37.Paragraph 26 (2) reads:
"(2) The grant in the relevant calendar year under the title referred to in Section 2, calculated in accordance with Section 23, shall be reduced by 3% if the Fund ascertains for the applicant, in the application of the sub-measure of integrated wine production:
(a) non-compliance with the condition set out in Article 13 (6) (f) or (g), the reduction shall apply to the part of the soil block on which the non-compliance has been established; or
(b) failure to comply with the conditions set out in Article 13 (7) (g), (h) or (i); where the applicant has implemented 1 application, the reduction shall be applied to the part of the soil block on which the non-compliance has been established. ';
38. in Article 27 (1) (c) and (d):
"(c) the coverage of the treatment of grassland
1. the non-compliance with the condition set out in Article 17 (1) and the Fund's finding of stocking density was twice or equal to 0,2 and less than 0,3 livestock units per hectare of permanent grassland managed by the applicant and kept in the land use register;
2. the non-compliance with the condition set out in § 17 (2) and at the same time the Fund established the intensity of livestock farming was once higher than 1,15 and at the same time less than or equal to 1,3 livestock units per hectare in the year of the application for subsidy under points (1) to (5) and (7) to (10) of § 2 (c) (1) of the Government Regulation No 79 / 2007 Coll., or (e) (6) of Section 2, since the second year of the commitment under Article 3 (3) and managed by the applicant and kept in the land use register,
3. the non-compliance with the condition set out in Article 17 (3) and at the same time the Fund established the intensity of livestock farming twice during the control period was greater than 1,5 and equal to or equal to 1,8 livestock units per hectare of agricultural land managed by the applicant and kept in the land use register;
4. non-compliance with the condition set out in Article 18 (1) (c) in respect of the retention of a continuous, disgruntled area of more than 1.1 hectares, the reduction shall apply only to the area of permanent grassland eligible for the grant in accordance with Article 2 (d) (1) to (5); or
(d) the impact of the grounding of the routes of the concentrated outflow of non-compliance referred to in § 22a (5) (f) (2) or § 22a (6) (c) (2), if it is more than 3% and less than or equal to 25% of the total area of the grassy area covered by this sub-measure. ';
39. in Paragraph 27 (1), point (e) is deleted;
40. in Article 27 (2) (c) (3), the words "or in" shall be replaced by a comma and the words "paragraph 8 (f)" shall be added after the words "or in Paragraph 19 (9) (j)";
41. in Article 27 (2) (c) (5), the word "or" shall be deleted;
42. In Article 27, at the end of paragraph 2, the dot is replaced by "or 'and the following point (e) is added:
"(e) the subject matter of the grubbing-up of arable land in the event of failure to comply with the condition set out in Article 20 (7) (e) (2) or Article 20 (8) (c) (2), if it is more than 3% or less than or equal to 25% of the total area of the grubbed area covered by the relevant heading referred to in Article 2 (e) (1) to (6).";
43.
"2. the non-compliance with the condition set out in § 17 (2) and the Fund's finding of livestock stocking intensity was twice in the control period of more than 1,15 and at the same time less than or equal to 1,3 livestock units per hectare classified in the year of the application for subsidy under Sections 2 (d) (1) to (5) and 7 to (10) respectively, under Section 2 (c) (1) of Government Regulation No 79 / 2007 Coll., or under Section 2 (e) (6) since the second year of the commitment under § 3 (3) and managed by the applicant and kept in the land use register,"
44. in Article 28 (1) (f):
"(f) the impact of the grounding of the routes of concentrated effluent
1. failure to comply with the condition set out in Paragraph 22a (5) (c) in the case of the first non-compliance during the duration of the undertaking concerned; or
2. non-compliance with the condition set out in Paragraph 22a (6) (d), the reduction shall apply to the part of the soil block on which the non-compliance has been established. ';
45. in Paragraph 28 (2) (c):
"(c) the impact of grubbing-up of arable land
1. failure to comply with the condition set out in Article 20 (7) (b) in the case of the first non-compliance during the duration of the undertaking concerned; or
2. non-compliance with the condition referred to in Paragraph 20 (8) (d), the reduction shall apply to the part of the soil block on which the non-compliance has been established; or "
46. in § 29 (1) (b) (1):
"1. the non-compliance with the condition set out in § 17 (2) and at the same time the Fund established the intensity of livestock farming was three times higher than 1,15 in the control period and at the same time less than or equal to 1,3 livestock units per hectare in the year of the application for subsidy under Sections 2 (d) (1) to (5) and 7 (10), in the title under § 2 (c) (1) (1) (b) and, where applicable, in the title under § 2 (e) (6), since the second year of the undertaking and managed by the applicant and kept in the land use register,"
47. in Paragraph 29 (1), point (c) shall be deleted;
Points (d) and (e) shall be renumbered (c) and (d).
48. In Paragraph 29, at the end of paragraph 2, the dot is replaced by "or 'and the following point (e) is added:
"(e) the subject matter of the grubbing-up of arable land in the event of non-compliance with the condition set out in Article 20 (7) (e) (2) or Article 20 (8) (c) (2), if it is a non-compliance of more than 25% of the total area covered by the relevant title referred to in Article 2 (e) (1) to (6).";
49. in Article 30 (1) (e) (3) and (4):
'3. the non-compliance with the condition set out in § 17 (2) and the Fund's finding of stocking density was four or more times in the control period more than 1,15 and at the same time less than or equal to 1,3 livestock units per hectare, classified in the year of submission of the subsidy application under Sections 2 (d) (1) to (5) and (7) to (10) respectively, under Section 2 (c) (1) of Decree No 79 / 2007 Coll., and, where applicable, in the title under § 2 (e) (1) (6), since the second year of the undertaking and managed by the applicant and kept in the land use register;
4. the non-compliance with the condition set out in § 17 (2) and the Fund's finding of livestock stocking intensity was higher than 1,3 livestock units per hectare in the year of the application for subsidy under Sections 2 (d) (1) to (5) and (7) to (10) and, where applicable, under Section 2 (c) (1) of Decree No. 79 / 2007 Coll., or under Section 2 (e) (6) since the second year of the undertaking and managed by the applicant and kept in the land use register, ';
50. In Annex 10, Table "A. Soil block part registration card in the sub-measure of integrated vegetable and strawberry production ', the text" paragraph 9' is replaced by "paragraph 6 'in explanatory note * *).
Transitional provisions
1. In order to reduce subsidies for 2016 for non-compliance with the conditions set out in Sections 18 (1) (c), 20 (7) (e) (2) or 20 (8) (c) (2) of Government Regulation No 75 / 2015 Coll., as effective before the date of entry into force of this Regulation, shall be applied in accordance with Government Regulation No 75 / 2015 Coll., as effective from the date of entry into force of this Regulation.
2. With the exception of point 1, applications initiated before and until the date of entry into force of this Regulation shall be definitively completed and the rights and obligations relating thereto shall be assessed in accordance with Government Regulation No 75 / 2015 Coll., as effective before the date of entry into force of this Regulation.
Amendment of the Government Regulation on the conditions for the implementation of agri-environmental measures
In Article 5 (5) of Decree-Law No 79 / 2007 Coll., on the conditions for the implementation of agri-environmental measures, as amended by Decree-Law No 45 / 2009 Coll., Decree-Law No 78 / 2010 Coll., Decree-Law No 282 / 2011 Coll., Decree-Law No 298 / 2013 Coll. and Decree-Law No 29 / 2014 Coll., point (d) is deleted.
Points (e) to (i) shall be renumbered (d) to (h).
Transitional provision
Applications initiated before the date of entry into force of this Regulation and not until that date definitively completed shall be completed in accordance with Government Regulation No 79 / 2007 Coll., as effective before the date of entry into force of this Regulation.
EFFECTIVE
This Regulation shall enter into force on 1 March 2017.
Prime Minister:
Sobotka v. r.
Minister for Agriculture:
Ing. Jurečka v. r.
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Regulation Information
| Citation | Government Regulation No. 47 / 2017 Coll., amending 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, and Government Regulation No. 79 / 2007 Coll., on the conditions for the implementation of agri-environmental measures, as amended |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 27.02.2017 |
|---|---|
| Effective from | 01.03.2017 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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